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L THE CORPORATION OF THE TOWN OF INNISFIL
BY-LAW NO. 109-17
A By-Law of The Corporation of the Town of lnnisfil to authorize the ratification of a Collective Agreement with Unifor and its Local 333, covering certain employees of the Town of lnnisfil and to repeal all former applicable by-laws.
WHEREAS the Council of The Corporation of the Town of lnnisfil deems it necessary and expedient to ratify a collective agreement with Unifor covering certain employees of the Town of lnnisfil.
NOW THEREFORE the Council of The Corporation of the Town of lnnisfil enacts as follows:
1 . The Mayor and Clerk are hereby authorized to ratify and execute on behalf of The Corporation of the Town of lnnisfil the Agreement in substantially the form attached to this by-law, dated the 20th day of September, 2017, between The Corporation of the Town of lnnisfil and Unifor and its Local 333, covering certain employees in the Town of lnnisfil, for the period of September 24, 2017 to September 23, 2020 inclusive.
2. The attached Schedule "A", being the collective agreement, forms part of this by-law as to form and substance.
3. This by-law shall come into force and have effect the day it is adopted by Council.
PASSED THIS 20'" DAY OF SEPTEMBER, 2017. ~___:::::::::=::::::::-
Mayor
~. Lee Parkin, Clerk
COLLECTIVE AGREEMENT
Between:
THE CORPORATION OF THE TOWN OF INNISFIL
-and-
UN I FOR AND ITS LOCAL 333
Effective September 24, 2017 to September 23, 2020
TABLE OF CONTENTS
ARTICLE 1 - PURPOSE ................................................................................................. 4
ARTICLE 2 - RECOGNITION/MANAGEMENT RIGHTS ............................................... .4
ARTICLE 3 -NO DISCRIMINATION .............................................................................. 6
ARTICLE 4 - NO STRIKE OR LOCK-OUT ..................................................................... 6
ARTICLE 5 -UNION SECURITY .................................................................................... 6
ARTICLE 6 - UNION RECOGNITION ............................................................................. 7
ARTICLE 7 - HOURS OF WORK ................................................................................... 9
ARTICLE 8 - OVERTIME .............................................................................................. 10
ARTICLE 9 - WAGES ................................................................................................... 12
ARTICLE 10 -PAID HOLIDAYS ................................................................................... 12
ARTICLE 11 -VACATION .............. .............................................................................. 14
ARTICLE 12 -SENIORITY ........................................................................................... 16
ARTICLE 13 -GRIEVANCE PROCEDURE ................................................................. 18
ARTICLE 14 -ARBITRATION PROCEDURE .............................................................. 21
ARTICLE 15 - LEAVE OF ABSENCE ........................................................................... 22
ARTICLE 16 - JURY DUTY AND SUBPOENAED WITNESS LEAVE .......................... 23
ARTICLE 17 - HEALTH AND SAFETY ......................................................................... 23
ARTICLE 18 - EMPLOYEE BENEFITS ........................................................................ 24
ARTICLE 19 -BULLETIN BOARDS ............................................................................. 27
ARTICLE 20 -MILEAGE ALLOWANCE ....................................................................... 27
ARTICLE 21 - JOB SECURITY .................................................................................... 27
ARTICLE 22 -TRANSFER OUTSIDE THE BARGAINING UNIT ................................. 27
ARTICLE 23 - DURATION ............................................................................................ 28
JOB CLASSIFICATION ................................................................................................. 29
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APPENDIX "A" .. ............... .. .. ............ .... .................... ................. ............... ... ................... 30
LETTERS OF UNDERSTANDING ........................................ .. ...................................... 33
Performance Management Program (Page 33)
Contract/Temporary Workers (Page 35)
Job Evaluation Terms of Reference (Page 37)
Alternate Work Schedules (Page 38)
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ARTICLE 1 - PURPOSE
1.01 The general purpose of this Agreement is to establish and maintain orderly collective bargaining relations between the Corporation and its employees and to provide a mechanism for the prompt and equitable disposition of grievances, and to establish and maintain satisfactory working conditions, hours of work and wages for all employees who are subject to the provisions of this Agreement.
ARTICLE 2- RECOGNITION/MANAGEMENT RIGHTS
2.01 (a) Recognition
(b)
The Corporation of the Town of lnnisfil recognizes Unifor as the bargaining agent of all employees of the Corporation of the Town of lnnisfil in the Town of lnnisfil, save and except Supervisors, persons above the rank of Supervisors, Administrative Staff to the Administrator, Human Resource Services and Legal/Clerk's Services, Communications Coordinator, Information Technology Services, Recreation Program Instructors, Rink Attendants, Rink Concession Sales staff, student employees in a co-operative training program, students and persons for whom any trade union held bargaining rights as of March 25th, 1993
The parties agree that Recreation Program Instructors are independent contractors.
The parties agree that persons employed by the Town of lnnisfil Library Board are not included in the bargaining unit.
(c) The parties agree that temporary or contract employees shall not be used if there are employees on layoff who have the qualifications and ability to do the work in question. The employer agrees to advise the Union when hiring temporary or contract employees. It is understood that temporary/contract employees are excluded from the terms of this agreement.
If the contract employee's term of employment has to be extended the employer will discuss this with the Union prior to such extension.
(d) Unless an emergency situation arises or when regular employees are not available or it is understood and agreed that non-bargaining unit personnel will not perform work of the bargaining unit to any greater extent than is presently being performed nor to the extent
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that this would result in a layoff of regular employees. An emergency is defined as a circumstance or situation where the health and safety of individuals or security of property is at risk.
(e) Permanent Part-time Employees
Means an employee who is regularly employed for not more than twenty-four (24) hours per week.
Such employees will be entitled to all rights and benefits of this Agreement, except as follows:
Article 7.00 Article 8.00 Except that 8.02 applies after a part time employee
has worked eight (8) hours. Article 10.00 (ESA shall apply) Article 11 .00 (ESA shall apply) Article 12.01 replaced with "Seniority to accumulate on the basis of
one year equals 1820 hours worked". Article 12.02 Probationary period equals 560 hours worked.
Otherwise article 12.02 applies. Article 12.03 Separate seniority list based on hours worked. Article 15.03 (a) Article 18.00
2.02 Management Rights
The Union recognizes and acknowledges that the management of the operation and direction of the work forces are fixed exclusively in the Corporation and without restricting the generality of the foregoing, the Union acknowledges that it is the exclusive function of the Corporation to:
(a) Maintain order, and discipline and efficiency.
(b) Hire, promote, conduct performance reviews, demote, classify, transfer, suspend and retire employees and to discipline or discharge any employee who has completed his/her probationary period for just cause, provided that a claim by an employee, who has acquired seniority that he/she has been discharged or disciplined without just cause may be the subject of a grievance and dealt with as hereinafter provided .
(c) Make, enforce and alter from time to time reasonable rules and regulations to be observed by the employees.
(d) Determine the nature and kind of business conducted by the Corporation, the kinds of equipment and materials to be used, the control of materials and parts, the methods and techniques of work, the context of jobs, the schedules of production, the number of
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employees to be employed, the extension, limitation, curtailment, or cessation of operations or any part thereof.
2.03 The Corporation shall not exercise any Management Right set forth in this Collective Agreement in a manner which is inconsistent with the terms of this Collective Agreement.
ARTICLE 3- NO DISCRIMINATION
3.01 The Corporation and the Union and the employees agree that there will be no discrimination, harassment, intimidation, interference, restraint, coercion or reprisal exercised by any of these parties by reason of any prohibited ground of the Ontario Human Rights Code, and they are committed to a respectful workplace and agree to be bound by relevant legislation and workplace policies.
3.02 Every employee is protected from, and shall not engage in sexual harassment, personal harassment, psychological harassment, workplace bullying or violence in the workplace.
3.03 Grievances citing alleged violations of this Article will be filed at Step 3 of the grievance procedure to Human Resources.
ARTICLE 4 - NO STRIKE OR LOCK-OUT
4.01 The Union agrees that there will be no strike and the Corporation agrees that there will be no lockout during the term of this Agreement. The word "strik~" and the word "lock-out" shall be deemed to have the meaning given these words in the (Ontario) Labour Relations Act, R.S.O. 1995, Chapter L2 Section 1(1 ), as amended.
ARTICLE 5- UNION SECURITY
5.01 All new employees hired after the effective date of this Agreement shall authorize the Corporation to deduct from their wages an initial amount set by Local 333 and the regular monthly Union dues. The new employee shall become a member of the Union upon hire.
5.02 (a) The Corporation will deduct bi-weekly from all bargaining unit employees, the amount of dues which the Union uniformly levies upon its members in accordance with its Constitution and Local Union By-Laws and remit same to the Financial Secretary of Local 333 not later than the 15th day of the following month.
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Should the Union require any change in the amount of Union dues, the Local Union will advise the Corporation in writing four (4) weeks' prior to the pay period in which it is to be implemented.
(b) The Corporation will provide a list setting out the employee's name and the amount deducted and the hours worked.
(c) The Union agrees to indemnify and save harmless, the employer from any and all actions arising from the collection and remittance of union dues on its behalf.
ARTICLE 6- UNION RECOGNITION
6.01 The Corporation acknowledges the right of the Union to appoint or otherwise select from among the employees of the Corporation a Union Committee, and will recognize the said Committee for the purpose of negotiating renewal amendments and for attending grievance meetings with Management, provided that no more than three (3) such members shall attend at meetings with Management representatives for the purposes of collective bargaining and labour relations meetings and no more than one (1) such member shall attend meetings with Management representatives for the purposes of disciplinary and grievance meetings unless otherwise agreed upon by the parties. The Union will notify the Corporation in writing of the names of each Steward and Committee member referred to in this Article.
6.02 It is understood and agreed that the Unit Chair and Stewards have their regular duties as employees to perform. The Unit Chair or Stewards shall obtain permission from their supervisor during their working hours and without loss of time or pay, to leave their regular duties for a reasonable length of time in order to meet with members prior to grievance meetings or to settle grievances. Subject to operational requirements, such permission will not be unreasonably denied.
The authorization for Union representatives to attend recognized workplace committee meetings, including negotiations, will be processed by Human Resources. Committee persons will be permitted to attend such meetings without loss of pay.
The Union negotiating committee shall be allowed up to twenty-four (24) hours, in total, of time off for the purpose of preparing for collective bargaining. This time shall be taken in the final three months of the collective agreement, shall be requested in advance and will not be unreasonably denied. The employees will be paid at their regular rate of pay, providing they were otherwise scheduled to work, and the Union will reimburse the Corporation for these payments.
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6.03
The Corporation acknowledges the right of the Union to appoint or otherwise select from among the employees a maximum of two (2) Stewards and one (1) Chairperson.
(a) The parties agree to establish a Labour Management Relations Committee. The Committee will meet quarterly unless an urgent matter arises. The meeting will be scheduled at a date and time mutually agreed upon by the parties and Human Resources will generate an agenda. Human Resources will distribute the final agenda not less than twenty-four (24) hours in advance of the meeting. If agenda items are not provided 24 hours in advance of the meeting, they will not be included on the agenda. If neither party has agenda items (provided 24 hours in advance), the meeting will be cancelled by Human Resources. The Local 333 President and/or a National Staff Representative may attend such meetings. Not more than two (2) members of the bargaining unit shall attend such meetings with Management representatives.
(b) If at such times the Corporation requires the Union Committee members to meet either prior to or after regular working hours the applicable pay rates will be paid.
(c) Either party may terminate this arrangement by giving written notification of their intention to do so.
6.04 Providing this does not interfere with the efficient operation of the Corporation, the Corporation agrees to permit up to two (2) employees at any one time to absent themselves from work to attend to Union conventions, seminars, or workshops. Such time off shall not exceed five (5) days per year per employee, and a total of not more than ten (1 0) days per year for all employees. The employees will be paid at their regular rate of pay, providing they were otherwise scheduled to work, and the Union will reimburse the Corporation for these payments. In order to be entitled to such leave, the employee will make a request for such leave at least four weeks in advance of the requested time off.
6.05 A Steward or Labour Management Committee member shall not leave their work in order to attend grievances and/or Union/Management meetings without first having secured consent from his/her Supervisor. Such consent shall not be unreasonably denied.
6.06 New Member Orientation
The Unit Chair or Union Steward will be invited to attend and be provided with one ( 1 ) hour as part of the Corporations Employee Orientation session to discuss the following: information on the Unifor structure of the local, local union representatives, union committees and key areas of the collective
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agreement. The Corporation will provide reasonable notice as to when the Employee Orientation session will be scheduled.
ARTICLE 7 - HOURS OF WORK
7.01 Hours of work will not be construed as a guarantee of hours of work per day or per week or days of work per week.
7.02 (a) The regular hours of work for the full time administrative, technical and customer service employees not referred to below will be thirtyfive (35) hours per week (or forty (40) hours per week, as mutually agreed between the parties), Monday through Friday between the hours of 7:00 a.m. to 5:30 p.m. exclusive of a one (1) hour unpaid lunch. These hours will be scheduled in advance.
Upon the mutual agreement of the employee and management, unpaid lunch periods may be reduced to thirty (30) minutes.
(b) The regular hours of work for Community Standards Officers will be scheduled Monday to Sunday and will be forty (40) hours per week exclusive of a one hour (1) unpaid lunch. Shift times may vary from four (4) hours to eight (8) hours and may be split shifts. Overtime will be paid after eight (8) hours per day.
(c) The regular hours of work for the Community Development Standards Brach (CDSB) inspections staff will be forty (40) hours per week, Monday through Friday between the hours of 7:00 a.m. to 7:00 p.m. and may be scheduled shifts exclusive of a one (1) hour unpaid lunch.
7.03 Every employee working a shift length greater than six (6) hours shall be entitled to a fifteen ( 15) minute rest period in the first half and in the second half of their shift at a time or times selected by the Corporation.
7.04 The hours of work as defined by 7.02 may be changed by mutual agreement between the Corporation and the Union and will not be unreasonably withheld.
7.05 Operational employees shall be allowed up to ten (10) minutes wash up time at the end of each shift.
7.06 Employees who are regularly scheduled to work a shift that starts at or after 1 Opm and ends before ?am will be paid a shift premium of $0.60 per hour for the hours worked between 1 Opm and ?am.
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ARTICLE 8- OVERTIME
8.01 (a) The Union and the employees recognize that in order to meet the needs of the Corporation's business, overtime may sometimes be necessary. Accordingly, the Union and the employees agree to cooperate with the Corporation should the need arise. All overtime must first receive the prior authorization of the employee's Supervisor or designate.
(b) Scheduled overtime will be offered in the following order:
(i) to the employees in the department who are currently working in that job or scheduled to be on stand-by immediately following the current shift;
(ii) by seniority, to the employees in the department in the same job classification who can perform the work;
(iii) by seniority, to other employees in the serVice area capable of performing the work; and then,
(iv) to contract or temporary employees
8.02 Time and one-half (1Y2) will be paid for all hours worked in excess of the hours set out in Article 7.02. Meal breaks during overtime are unpaid.
8.03 Except where Saturday and Sunday are part of the employee's regularly scheduled hours of work, all unscheduled hours worked on a Saturday or a Sunday will be paid at time and one-half (1 Y2) at the employee's normal rate of pay. Meal breaks during overtime are unpaid.
8.04 Call Back
(a) An employee who has been called back to work after completing his/her regular shift and after leaving the Corporation premises shall be guaranteed a minimum of four (4) hours pay at his/her straight time hourly rate or time and one-half (1 Y2) for the hours worked whichever is greater.
(b) If an employee is requested before he/she completes his/her regular shift to come back to work after the shift is completed the employee will be paid at time and one half for hours worked. The four hour minimum will not apply.
(c) If call back work finishes within the four hour minimum time frame and another call back occurs within that minimum time frame the four (4) hour minimum will apply only one time.
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(d) Employees on Stand-by as defined in Article 8.07 shall not be entitled to this four (4) hour minimum pay for responding to requests for service when such requests do not require their physical attendance at the workplace . In these cases, employees shall be paid a minimum of one (1) hour pay at their regular hourly rate. For greater clarity, misdirected and wrong number phone calls are not substantive operational issues and the one hour minimum rate will not be paid. Where multiple calls are received during a "Stand-by" period and where cumulative time spent managing these calls exceeds the one hour, compensation will be provided for the actual time incurred at their regular rate of pay.
(e) Pre-Shift Call
If an employee is called in to start work within two hours of their regularly scheduled shift, the employee will be paid at time and one half for hours worked . The four hour minimum in 8.04 (a) does not apply.
8.05 There shall be no pyramiding or duplication of overtime or premium pay rates or any other benefit under this Agreement.
8.06 An employee will be entitled to accumulate up to thirty-five (35) hours or forty (40) hours of overtime per calendar year depending on the employee's regular workweek as defined in Article 7.02. Once the banked time is depleted it can not be replenished in the same calendar year. This time off shall be taken at a time to be mutually agreed upon by the Employer and the employee. Approval will not be unreasonably withheld. There shall be no carry over of overtime from one calendar year to the next. Any unused time will be paid out in January of each year at the rate of pay the employee was earning on December 31 of the previous year.
8.07 Where an employee is requested by the Corporation to be on "stand-by", that employee shall be entitled to stand-by pay at the rate of twenty-five dollars ($25.00) per day. When more than one employee is on stand-by on a day when stand-by responsibility is handed off from one employee to another, it is understood that the employee who began the day on stand-by shall be the only employee to be paid this premium for that day. Employees may swap stand-by assignments provided both employees are qualified to perform the duties required and the swap is pre-approved, in writing, by management.
8.08 Any employee required to work more than four (4) hours of continuous overtime following their shift, shall be provided with a meal allowance of up to fifteen ($15.00) dollars, subject to provision of appropriate receipts.
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ARTICLE 9-WAGES
9.01
9.02
9.03
(a) Classifications and rates of pay are set forth in Schedule "A" attached hereto and forming part of this Agreement.
(b) The Employer may at its discretion place new employees at any step on the grid depending on the employee's qualifications, following discussion with the union.
(a) In the event an employee is temporarily transferred to a higher rated job classification for one day or more, he shall receive the rate of that higher rated classification for the full period of the transfer. If an employee is temporarily transferred to a lower rated job classification, the rate of pay of his normal job classification will be maintained.
(b) Where in the absence of the supervisor an employee is temporarily designated as the responsible person by the supervisor for a period of one day or more, the employee shall receive an additional $2.50 for each hour worked in that capacity.
(a) The Corporation will advise the Union of any new job classifications before any new classifications are put into effect.
(b) When a new job is created or an existing job is significantly changed, Management will discuss with the Union the rate to be paid. If an agreement cannot be reached, the matter may be the subject of a grievance up to, and including, arbitration.
9.04 When an employee is permanently transferred to a higher paying classification through a job posting, their rate of pay shall be at a minimum the first increment in the new pay band, as outlined in Schedule A that affords them an increase in pay. Progression through that pay band shall then proceed in accordance with this agreement. Initial placement in the pay band may be at a higher level than described herein with the agreement of the parties.
ARTICLE 10- PAID HOLIDAYS
10.01 Subject to the exception set out in Article 1 0.02(b) below, providing the employee meets the requirements set out in Article 1 0.05, he/she will be entitled to the following paid holidays:
New Year's Day
Family Day
Canada Day
Civic Holiday
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Boxing Day
10.02
Good Friday Labour Day
Thanksgiving Day Easter Monday
Victoria Day Christmas Day
The Employer shall post the dates of the paid holidays noted above for the year by March 1st of that year.
(a) An employee who is scheduled to work on any of the holidays listed in Article 10.01 shall be paid at time and one-half (1 1'2) his/her straight hourly rate for all hours worked on such holiday and in addition will receive holiday pay if entitled to such payment under Article 1 0.05. Should the employee choose, they may take another paid day off in lieu of the holiday, provided such day is scheduled in advance and approved by management. Any unused lieu days as of December 31 of each year shall be paid to the employee in January of the following year at the rate of pay the employee was earning on December 31.
(b) An employee who is not scheduled and is unexpectedly called into work on any of the holidays listed in Article 10.01 shall be paid at double time for all hours worked on such holiday and in addition will receive holiday pay if entitled to such payment under Article 1 0.05.
10.03 In the event that any of the holidays listed in 10.01 fall on a Saturday or Sunday and such holiday is not declared or proclaimed as being observed on some other day, then the holiday will be observed on the Friday or Monday in keeping with the general practice of the community subject to the approval of the Corporation.
10.04 An employee who has completed his/her probationary period shall be entitled to one (1) float day per year. This day shall be taken during the calendar year at a time mutually agreeable between the employee and the Supervisor.
10.05 An employee shall not be eligible for holiday pay if he/she fails to work his/her last regularly scheduled shift before the holiday, and his/her first regularly scheduled shift after the holiday without reasonable cause. This provision shall not apply, however, if the employee is absent from work with permission on the above days. Similarly this provision shall not apply if an employee fails to report for work due to illness which is verified (if so requested) to the satisfaction of the Corporation.
Statutory holiday pay will be provided to employees in accordance with the provisions and formula for payment as set out in the Employment Standards Act.
10.06 Provided that the requirements in Article 10.05 are met, each employee shall be entitled to a one-half (1'2) day holiday on Christmas Eve day in
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circumstances when Christmas Eve day falls between Monday and Friday inclusive. This half day shall be taken in the second half of the shift assigned for that day.
ARTICLE 11- VACATION
11.01 Length of Vacation
All new employees shall receive one day's paid vacation for each month of continuous employment with the Corporation in their first calendar year of employment. For clarity, if an employee commences employment on February 1st, they would be entitled to eleven ( 11) days' vacation for that calendar year.
All permanent employees shall receive vacation with pay in accordance with credited services within the Corporation as follows:
Length of Continuous Vacation Hour Vacation Hour Service Entitlement Entitlement
(35 hour week) ( 40 hour week) 1 year 105 120 5 years 112 128
·-· 6 years 119 136 7 years 126 144 8 years 133 152 9 years 140 160 13 years 147 168 14 years 154 176 15 years 161 184 16 years 168 192 17 years 175 200 23 years 182 208 24 years 189 216 25 years 196 224 26 years 203 232 27 years 210 240
Employees employed prior to January 1, 2015 who have vacation time remaining in their 'Unifor 2014 Vacation Bank' will have it available for use as follows:
• Vacation time earned in the current year must be used prior to drawing from the 'Unifor 2014 Vacation Bank'.
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11 .02
11.03
11 .04
11 .05
11 .06
11.07
11 .08
• Each employee may use their 'Unifor 2014 Vacation Bank' banked vacation time in accordance with the vacation approval policy in their department during the remainder of their employment period with the Corporation.
• Upon termination of employment, unused 'Unifor 2014 Vacation Bank' shall be paid to the respective employee at the rate they earned on December 31, 2014.
• The Employer agrees to report the vacation bank balance to each employee with each pay until depleted.
The eligibility date for vacation entitlement shall be the employee's anniversary date.
The vacation period shall be from January 1st to December 31st in the same year. All employees shall take their vacation during the current year. Vacation is not cumulative.
Employees' requests for vacation time off will be granted provided this does not interfere with the efficient operation of the Service Area. Vacation requests made before March 1st will be granted on the basis of seniority, thereafter on a first come, first serve basis. Approvals will be given by April 15th.
Employees may carry over a maximum of 35 hours/40 hours (based on regular weekly hours of work) of vacation to be used in the first four ( 4) months of the following year in which the vacation was earned.
Despite anything contained in this section, an employee who has been granted and taken vacation leave and terminates his/her employment before December 31, shall have the unearned portion of vacation leave deducted from his/her final pay.
All vacations granted in any year shall be determined on the basis of the aggregate credited service of the employee. For purposes of this Article, service shall exclude periods of absence where the employee is off work and not receiving benefits or receiving benefits under the long term disability plan, and such periods shall be deducted and the employees current vacation entitlement shall be reduced proportionately. Employees shall be entitled to the minimum vacation entitlement pursuant to the Employment Standards Act.
(a) Pregnancy and Parental Leave shall be granted in accordance with the Employment Standards Act of Ontario, as amended. Employees planning on taking leave shall notify Human Resources in writing as soon as possible, but not less than two weeks before departure. In the case of Pregnancy Leave, notice must include the estimated delivery date.
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(b) An Employee shall be entitled to Parental Leave following the birth of the child, or upon receipt of custody of a child, having care and control of the child for the first time.
(c) Employees on leave have the right to continue participation in certain benefit plans and continue to earn credit for length of service and seniority.
(d) An Employee's vacation and stub period entitlements includes time the employee spends away from work because of pregnancy and parental leave as long as there is no break in the employment relationship.
ARTICLE 12- SENIORITY
12.01 Seniority as referred to in this Agreement shall mean the length of continuous . service in the bargaining unit.
Seniority for the purposes of layoff and recall and vacation shall be on a bargaining unit wide basis providing the affected employee has the qualifications and ability to perform the work available.
Seniority for the purpose of job posting shall be on a Service Area
12.02 Probationary Employee
There shall be a probationary period of ninety (90) days worked. The Town reserves the right to alter or extend the ninety (90) days worked probationary period upon mutual agreement with the union which will not be unreasonably withheld. Upon the satisfactory completion of the probationary period, the employee will be placed on permanent staff at which point, seniority shall be effective from the original date of hire.
A probationary employee may be terminated from employment during the probationary period at the discretion of the Corporation. The termination of a probationary employee shall be deemed to be for just cause and shall be at the sole discretion of the Corporation. Probationary employees shall have no rights under this collective agreement other than those expressly described.
12.03 The Corporation will post a seniority list which will include date of hire, seniority expressed in years and months, employee's normal classification and service area at a central location and shall revise such list on or about January 151h and July 151h of each year. A copy of such list shall be posted after receiving approval from the Union. Where two (2) or more employees have the same seniority date then, the employee whose application has the earlier application date, and failing that, whichever application was processed first, shall be deemed to have the greatest seniority.
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12.04 An employee shall lose seniority standing and shall cease to be an employee and his/her name shall be removed from the seniority list and staff roll, for any of the following reasons:
(a) If the employee quits his/her employment with the Corporation;
(b) if the employee is discharged for cause and such employee is not reinstated pursuant to the provisions of the grievance procedure herein;
(c) if any employee has been on layoff for twelve (12) continuous months;
(d) if the employee retires;
(e) if the employee is absent without leave for three (3) consecutive days during which time he/she has not contacted the Corporation directly and has not provided an explanation satisfactory to the Corporation;
(f) if the employee fails to report to work within three (3) working days after being notified by the Corporation of a recall;
(g) if the employee fails to return to work upon the termination of an authorized leave of absence unless a reason acceptable to the Corporation is given.
12.05 Job Posting
12.06
All permanent job vacancies occurring within the bargaining unit shall be communicated to staff through an appropriate channel and job vacancies shall be posted for seven (7) calendar days.
(a) Job applicants shall be selected on the basis of their qualifications and ability to perform the job. The candidate who performs strongest in the recruitment process (greater than a 5% demarcation) shall be awarded the position . Where the qualifications and ability are relatively equal (within a demarcation of 5% or less) as between two (2) employees, then seniority shall govern.
(b) The Corporation will not consider outside applicants if there are bargaining unit employees who have the necessary qualifications and ability. The corporation may however consider outside applicants in conjunction with bargaining unit employees if only one internal application is received.
(c) The Corporation commits that vacancies will be posted internally one (1) day prior to being advertised externally.
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12.07
(d) At the request of an internal applicant who was not selected to participate in a recruitment process for which they applied, the corporation agrees to meet and provide the applicant with feedback.
(a) A successful job applicant shall be given a familiarization period of forty (40) working days.
(b) If during this time period, either the Corporation or the employee feels that the successful applicant is not suitable for the position, then the employee shall return to his/her former position.
(c) In such cases, if there was another employee who had the qualifications and ability to perform the work in question, then the Corporation may offer or consider that employee for the job. Otherwise, the Corporation may hire from outside the bargaining unit with no further need to re-post the job.
12.08 The Unit Chair shall receive notice of all job postings and successful applicants prior to any staff notices.
12.09 Layoff and Recall
(a) In the event of a reduction in the work force, the employee with the least seniority in the affected job title will be placed on lay-off subject to (b) below.
(b) The employee so displaced will be given an opportunity to bump a junior employee laterally or in a lower rated job, providing that the affected employee has the necessary skill, ability and qualifications to perform the work within a forty (40) working day familiarization period.
(c) The displaced junior employee may then exercise his/her seniority rights in a similar fashion as set out in this Article.
(d) Employees will be recalled in order of their seniority providing they have the skill, ability and qualifications to perform the work in question within a forty (40) working day familiarization period.
ARTICLE 13 - GRIEVANCE PROCEDURE
13.01 (a) A grievance may arise only from a dispute concerning the interpretation, application, administration or alleged violation of this Collective Agreement. Should a grievance arise it shall be handled in accordance with the following procedure.
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(b) It is the mutual desire of both parties hereto that complaints or problems of employees shall be adjusted as expeditiously as possible, and it is understood that an employee has no grievance until the Corporation has been first given an opportunity to adjust the complaint or problem.
(c) Settling of Grievances
An earnest effort shall be made to settle grievances fairly and promptly in the following manner:
(d) Step 1
If an employee has a grievance which he/she wishes to discuss with the Corporation, he/she shall first take the matter up with the immediate Supervisor in an effort to reach a satisfactory resolution. The employee may be accompanied by a Steward if so desired. Such grievance shall be brought to the attention of the immediate Supervisor within three (3) working days of the incident becoming known to the grievor. The Supervisor shall give a verbal answer within five (5) working days following the meeting with the employee.
(e) Step2
Failing satisfactory settlement of the grievance at Step 1, the Steward may within ten (10) working days of receipt of the verbal reply submit to the Immediate Supervisor the written statement of particulars of the grievance and the redress sought. The Immediate Supervisor shall render a decision in writing within ten (10) working days of discussing the grievance with the grievor and Steward.
(f) Step 3
Failing settlement of the grievance at Step 2, the Union shall within ten (10) working days of receiving the response of the Immediate Supervisor, refer the matter to the appropriate Senior Manager and Human Resources who shall discuss the matter within ten (10) working days with a Grievance Committee.
The Local 333 President or National Representative may attend such meeting. At the consent of both the Union and the Corporation, the grievor and the immediate supervisor may also attend such meeting.
Following this meeting the Corporation shall answer the grievance in writing within ten (1 0) working days, and failing satisfactory settlement, it shall be subject to the arbitration procedure.
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13.02
13.03
13.04
13.05
(a) A claim by an employee that he/she has been unjustly discharged or suspended will be treated as a grievance, provided he/she files a written grievance with Human Resources within five (5) working days after his/her discharge, or suspension. In such cases, the grievance shall commence at Step 3.
(b) An employee who has not completed his/her probationary period may be disciplined or discharged at the sole discretion of the Corporation and such discipline or discharge shall be deemed to be for just cause.
(a) The employee, who has completed his/her probationary period, will have the right to have his/her Steward present when he/she is being suspended or discharged. This, however, will not prevent the Corporation from taking immediate disciplinary action (without a Union Steward) should it be warranted.
(b) The Corporation will supply the Union with a copy of any written warning or reprimand issued to an employee, and other documentation as prescribed through the applicable workplace policy.
Policy Grievances
(a) A Corporation grievance must be submitted in writing to the Union. In all cases, the Union's decision regarding same will be given in writing and, failing satisfactory settlement, the grievance shall be subject to the arbitration procedure. Such grievance shall commence at Step 3.
(b) A Union grievance may similarly be taken up with the Corporation on matters of a general nature relating to the Collective Agreement at Step 3, provided such grievance cannot be otherwise brought forward as the grievance of an employee or group of employees pursuant to the provisions of Article 13.01 herein. The Corporation's decisions in such cases shall be given in writing and, failing satisfactory settlement, the grievance shall be subject to the arbitration procedure.
An employee's discipline record shall be cleared after eighteen (18) months provided that the employee has been discipline-free for that period of time.
With reasonable notice to Human Resources, an Employee may review his/her employee file. If his/her file has not been cleared pursuant to this clause, the Employee shall notify Human Resources who will clear the discipline record within ten (10) working days.
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ARTICLE 14- ARBITRATION PROCEDURE
14.01 If the grievance remains unsettled following the procedure set forth in Article 13, it may be submitted to arbitration provided the party calling for arbitration notifies the other party in writing to that effect not more than seven (7) working days after the date the decision is rendered at Step 3 of the grievance procedure.
14.03
(a) The parties agree that they will proceed to arbitration with a Sole Arbitrator unless they mutually agree to proceed with a Board of Arbitration. Where the parties agree to a Board of Arbitration Article 14.03 (a), (b) and (c) shall apply.
(b) The party submitting the grievance to arbitration shall write to the other party and shall propose the names of three (3) arbitrators for the consideration of the other party.
(a) When either the Corporation or the Union request that a grievance be submitted to arbitration, such request shall be made in writing addressed to the other party to this Agreement, and shall at the same time nominate the arbitrator. Within five (5) days, thereafter the other party shall nominate an arbitrator. The two (2) arbitrators so nominated shall choose a third (3rd) arbitrator who will act as Chairperson of the Board. If within five (5) days they fail to agree upon an impartial arbitrator such impartial arbitrator shall, at the request of either of the nominated arbitrators, be appointed by the Minister of Labour of the Province of Ontario. The time limits herein specified may be extended by mutual agreement.
(b) Should the three (3) person Board of Arbitration not arrive at a majority decision, the decision of the Chairperson shall become the decision of the Board, and the decision of the Board shall be final and binding on both the Corporation and the Union.
(c) Each of the parties hereto will bear the expenses of the arbitrator appointed by it, and the parties will jointly and equally bear the expenses of the Chairperson of the Arbitration Board.
14.04 The Sole Arbitrator/Board of Arbitration shall not be given any power to alter or change any of the provisions of this Agreement, nor to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions of this Agreement.
14.05 No matter may be submitted to arbitration which has not been properly carried through all previous stages of the grievance procedure.
14.06 All time limits specified in the grievance and arbitration provisions may be extended by written agreement between the Corporation and the Union.
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ARTICLE 15 - LEAVE OF ABSENCE
Unpaid Personal Leave
(a) An employee may request permission to take unpaid personal leave. Subject to the efficient operation of the Corporation, such request for leave of absence will not be unreasonably denied provided that the employee makes the request at least two (2) weeks in advance of the personal leave (except in cases of a request for an extended bereavement leave). Such leave shall not be granted for vacation.
(b) An employee shall be granted one (1) day leave of absence without pay per contract year, for personal emergencies or urgent personal need. The employee shall notify the Corporation of the need to seek such a day as soon as is reasonably practicable.
15.02 Paid Bereavement Leave
15.03
(a) An employee shall be granted three (3) days leave of absence with pay, to attend the funeral or memorial service of a member of his/her immediate family. The three (3) days will be read as five (5) days in the event that the family member is a spouse or child of the employee.
(b) In the event the memorial service is held at a later date (within 6 months of the death), the employee may use the days to attend that service.
(c) "Immediate family" shall mean the employee's parent, spouse, common law spouse as defined by the Family Law Act, child, brother, sister, mother-in-law, father-in-law, brother-in-law, sister-in-law, grandparent or grandchild.
(d) When a death occurs to the employee's immediate family, as defined above, while the employee is on vacation, then the applicable days of bereavement leave shall be allowed and be provided.
(e) The Corporation reserves the right to request proof of the death and relationship to the deceased.
(a) Amount of Paid Sick Leave
Each employee who has completed his/her probationary period shall be entitled to a maximum of ( 42) hours based on 35 hours per week and (48) hours sick leave based on 40 hours of work per week absence with pay in any calendar year, pro-rated for the first calendar year for incidental sickness or accident where the employee
22
is not hospitalized. These days are not accumulative from year to year.
Each year an employee may carryover unused sick time hours to a maximum of two hundred and forty (240) hours only to be utilized towards Short Term Disability top up payments at the rate of (.25) of sick time. Carryover of unused sick time may not be used for any other purposes and has no monetary value upon termination or retirement from the Corporation.
(b) Proof of Illness
An employee may be required to produce a certificate from a medical practitioner for any illness in excess of three (3) days, certifying that he/she was unable to carry out his/her duties due to illness. The Corporation reserves the right to request such a certificate before the three (3) days if the Corporation feels that the employee's absence is not justified. Where a certificate is required by the Corporation it will be at the Corporation's expense.
(c) Sick leave entitlement may be used at the employee's discretion towards medical emergencies or to care for a family member who is ill, and for whom they are the primary care giver.
ARTICLE 16 - JURY DUTY AND SUBPOENAED WITNESS LEAVE
16.01 (a) The Corporation shall permit a leave of absence to an employee who serves as a juror or who is subpoenaed as a crown witness or is a witness for the Corporation in any court. The Corporation shall pay such an employee his/her regular wage and the payment he/she receives for jury service or crown witness or as a witness for the Corporation shall be forwarded to the Town immediately upon receipt thereof. The employee will present proof of service and the amount of pay received.
(b) The employee is required to notify the Corporation as soon as possible of selection for jury duty or crown witness.
ARTICLE 17 - HEALTH AND SAFETY
17.01 Both parties recognize the need to ensure the safety and protect the health of all employees in accordance with the Occupational Health and Safety Act and Regulations, Codes, CSA Standards and Town policies as amended from time to time.
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17.02
17.03
17.04
It is the Corporation's responsibility to adopt and introduce, as circumstances may require, reasonable procedures and techniques to provide for the safety and health of employees while at work. The Union may make suggestions regarding safety for the consideration by the Corporation.
It is the employee's responsibility to take, in accordance with the Corporation rules and procedures, all reasonable and necessary precautions for his/her own safety, including the use of all appropriate safety clothing and equipment when required by those procedures. No employee shall be required to work in an unsafe manner or to use unsafe tools, vehicles or equipment.
The Corporation shall pay for all safety equipment that it deems employees are required to wear.
(a) Part time employees who are required to wear safety boots will be entitled to the safety boot allowance on a pro rata basis up to the maximum referred to in 17.06(a) (e.g. If 40 hours worked = 100%, then 20 hours worked= 50% paid)
17.05 The Corporation and the Union acknowledge their shared statutory obligation to maintain a safe and healthy workplace environment. To that end, a Joint Health and Safety Committee shall be established.
17.06
(a) The Corporation shall ensure that a Joint Health and Safety Committee is maintained, in accordance with the approved multi-site agreement and current Joint Health and Safety Committee Terms of Reference.
(b) Special meetings of the Joint Health and Safety Committee may be convened, as a result of a critical injury or at the request of the CoChairs. Minutes shall be taken of all meetings and a copy posted.
The Corporation will reimburse the Employee up to a maximum of two hundred dollars ($200.00) per calendar year for the purchase of a pair of safety boots upon submission of appropriate receipts.
ARTICLE 18 - EMPLOYEE BENEFITS
For Employees who work beyond 65 years of age
The Corporation will provide a limited benefit program that includes an equally co-shared premium and limited maximums.
• Basic Life will reduce by 50% at age 65, terminating at age 70.
• Health and Dental Benefits:
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o Extended to the earlier of retirement or age 70.
18.02 Pension Plans
(a) In addition to the Canada Pension Plan, every full-time employee shall join the basic OMERS Pension Plan. The Corporation and the employee shall make contributions in accordance with the provisions of the Plan.
(b) The retirement date for all employees shall be subject to prevailing legislation or earlier subject to OMERS regulation.
(c) The Corporation shall provide and pay for one hundred percent (1 00%) of the cost of the premiums for Extended Health, Dental and Vision Care to the age of sixty-five (65) for those employees who take early retirement. This coverage will be available to employees from their retirement date with unreduced OMERS or age sixty (60), whichever first occurs; and based on minimum of five (5) completed years of service with the Town of lnnisfil. It will be the employee's responsibility to provide proof of their retirement date with unreduced OMERS.
18.03 Hospitai/Medicallnsurance
The Corporation shall pay one hundred percent (1 00%) of the premiums for the following benefits:
(a) Employer Health Tax.
(b) Extended Health including Vision Care, prescription drugs (ban on over the counter products) and semi-private hospital coverage. The Vision Care benefit covers up to $350.00 per employee or dependent in a twenty-four (24) month period the purpose of corrective prescription lenses (including corrective prescription contacts) and frames
In addition, the Corporation shall pay for one (1) eye examination biannually per employee and each dependent if the employee has family coverage.
18.04 Group Life and A. D. & D. Insurance
The Corporation shall pay one hundred percent (1 00%) of the premium for the following benefits:
(a) Group Life (2 x annual salary- Appendix "B").
(b) A. D. & D. (2 x annual salary- Appendix "B").
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18.05 Short Term Disability
(a) Short Term Disability Payment, due to sickness or accident, equal to seventy-five percent (75%) of the gross salary, to a maximum of twelve hundred dollars ($1 ,200.00) per week, excluding payments under the Workplace Safety & Insurance Act. Such benefits shall extend for up to seventeen ( 17) weeks commencing with the first ( 1 51) day of accident or fourth ( 41h) day of sickness or first ( P 1) day hospitalization, including day surgery, whichever is the case.
Long Term Disability
(b) The Corporation shall pay one hundred percent (100%) of the premium for Long Term Disability on the following basis:
Long Term Disability payment continues following expiration of weekly indemnity payment equal to seventy-five (75%) of gross salary to a maximum of three thousand five hundred dollars ($3,500.00) per month, payable to the end of the disability period, to normal retirement date or death, whichever comes first.
18.06 Dental Plan
(a) The Corporation shall pay one hundred percent (1 00%) of the premiums of the dental plan with the O.D.A. schedule of fees at one year below current year. Coverage shall also be provided for new dentures or replacements on a fifty percent (50%) co-insurance basis subject to a maximum of twelve hundred ($1 ,200.00) dollars per person per year.
(b) In addition, coverage shall also be provided for orthodontics on a 50% co-insurance basis subject to a maximum of two thousand dollars ($2000.00) lifetime coverage per dependent child under the age of 18 years.
18.07 Alternate Benefit Plan Carriers
The Corporation may negotiate the terms and conditions and/or select alternate plan carriers for any of the above benefits, provided however that the benefits and coverage under this Article are not reduced, unless the parties agree otherwise.
18.08 The Benefits provided under this Article will be in accordance with and subject to the terms and conditions of the contract entered into by the Corporation with the respective insurance agency.
18.09 The Corporation shall continue to pay the premiums for a maximum period of twenty-four (24) months for the foregoing benefits excluding pension for those employees on Short Term Disability and Long Term Disability. Where
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an employee chooses to continue to contribute to OMERS while on Short Term Disability, the Corporation will match the employee's contribution pursuant to OMERS' regulations.
18.10 The employee benefits specified in Article 18.03 and 18.06 only shall apply to the employee's spouse and dependent children to age twenty-one (21 ), and coverage shall be subject to the eligibility requirements of the Plans. Such benefit coverage shall be extended to dependent children up to the age of twenty-five (25) provided that they are enrolled and in full-time attendance at an accredited college, university or educational institute.
ARTICLE 19- BULLETIN BOARDS
19.01 The Corporation shall furnish the Union with Bulletin Boards in each building for the use of the Union in posting Union notices and official papers. Notices will be posted only by the authorized Union Representatives and shall be in keeping with the spirit and intent of this Agreement. All such postings must first receive the authorization of the Service Manager or Administrator or designate.
ARTICLE 20- MILEAGE ALLOWANCE
20.01 The Corporation will pay an employee who is required by the Corporation to use his/her automobile for business pertaining to the Town, an automobile allowance in accordance with the rate established from time to time by the Corporation.
ARTICLE 21 -JOB SECURITY
21.01 In the event of an amalgamation, the Corporation shall endeavour to ensure that any affected employee would become an employee of the amalgamating Municipality. Failing that, such affected employee would be able to exercise their seniority or recall rights under the terms of this Collective Agreement.
ARTICLE 22- TRANSFER OUTSIDE THE BARGAINING UNIT
22.01 Transfers of employees to positions outside of the bargaining unit will be made only with the agreement of the employee and will not exceed twelve ( 12). During the time outside of the bargaining unit, employees will not accumulate seniority and will not pay union dues. The Union will be notified, in writing, of any such transfers. The time limit may be extended with the
27
mutual agreement of the parties. Such agreement will not be unreasonably withheld. Employees who return to the bargaining unit at the end of the agreed upon time will have all seniority accrued prior to the transfer reinstated.
ARTICLE 23 - DURATION
23.01 This Agreement shall be effective from September 24th, 2017 and shall remain in force through September 23rd, 2020, and unless either party gives the other party written notice of termination or of a desire to amend the Agreement, then it shall continue in effect, without change, from year to year thereafter until terminated in the manner hereinafter provided.
Notice that amendments are required or that either party intends to terminate the Agreement, shall be given during the period of not more than ninety (90) days and not less than thirty (30) days, prior to the termination date or anniversary date, in the event of any subsequent yearly extension as provided above.
DATED this ~ 0 day of Sep\.en?I'Je..( 2017
ON BEHALF OF THE CORPORA lO
Mayor
Clerk
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ON BEHALF OF THE UNION
---·
Unifor Job Classification Listing
Band Position Title Classifications Band 1
Band 2 File Clerk Administrative
Band 3 Administrative Coordinator- Fire & Rescue Administrative
Administrative Coordinator- Operations Administrative
Team Coordinator & Community Catalyst Administrative
Customer Service Representative Administrative Programs Coordinator Administrative Accounts Payable Processor Administrative Facilities Coordinator Administrative Tax Clerk Administrative Revenue & Receipts Processor Administrative
Band 4 Senior Administrative Assistant- Economic Administrative Development/Community Transformation
Senior Administrative Assistant - Fire & Rescue Administrative Senior Administrative Coordinator- Operations Administrative Payroll Administrator Administrative Financial Services Coordinator Administrative Customer Ambassador Administrative
Band 5 Engineering Technologist Technical Development Coordinator Technical Placemaker/Pianner Technical Community Standards Officer Operation aliT echnical
Customer Solutions Seeker Administrative
Band 6 Senior Community Standards Officer Operationai/T echnical
Revenue/Taxation Officer Administrative Purchasing Agent Administrative
Band 7 Zoning Administrator Technical Financial Analyst Administrative Budget & Performance Analyst Administrative Building Inspector Technical Plan Examiner/Buildinq Process Specialist Technical Vision Maker/Policy Planner Technical Septic Inspector Technical
Band 8 Senior Buildinq Inspector Technical Senior Engineering Technologist Technical Senior Planner Technical
The classifications listed in the collective agreement will be the official classifications used for job posting (as a subtitle) and lay off purposes, regardless of the job title in use. All classifications will be listed in the collective agreement.
29
APPENDIX A- CEP SALARY SCHEDULE- September 24, 2017 STEP
Band 1 2 3 4
Hourly 20.50 21.54 22.60 23.75
Annual- 35 37,310 39,203 41 '132 43,225
Annual- 40 42,640 44,803 47,008 49,400
2 Hourly 23.07 24.29 25.56 26.89
Annual- 35 41,987 44,208 46,519 48,940
Annual- 40 47,986 50,523 53,165 55,931
3 Hourly 25.77 27.13 28.53 30.03
Annual- 35 46,901 49,377 51 ,925 54,655 Annual- 40 53,602 56,430 59,342 62,462
4 Hourly 28.27 29.86 31 .47 33.19
Annual- 35 51 ,451 54,345 57,275 60,406
Annual- 40 58,802 62,109 65,458 69,035
5 Hourly 29.44 31.08 32.80 34.56
Annual - 35 53,581 56,566 59,696 62,899 Annual- 40 61,235 64,646 68,224 71,885
6 Hourly 30 .48 32.41 34.46 36.65
Annual- 35 55,474 58,986 62,717 66,703
Annual- 40 63,398 67,413 71 ,677 76,232
7 Hourly 32.53 34.48 36.56 38.73
Annual- 35 59,205 62,754 66,539 70,489
Annual- 40 67,662 71,718 76,045 80,558
8 Hourly 35.24 37.34 39.56 41 .93
Annual- 35 64,137 67,959 71,999 76,313
Annual-40 73,299 77,667 82,285 87,214
9 Hourly 37.27 39.49 41 .85 44.35
Annual- 35 67,831 71 ,872 76,167 80,717
Annual- 40 77,522 82,139 87,048 92,248
Note 1. Salaries will be calculated on the basis of the hourly rates. The line below the hourly rates denotes the annual salary based on 35 hour work week and 40 hour work week for information purposes.
Note 2. An Employee's progression to the next step on the grid shall be as per the attached Letter of Understanding with respect to the Performance Management Program.
30
APPENDIX A- CEP SALARY SCHEDULE - September 24, 2018 . STEP
Band 1 2 3 4
Hourly 20.81 21.87 22.94 24.11 Annual- 35 37,874 39,803 41,751 43,880
Annual- 40 43,285 45,490 47,715 50,149
2 Hourly 23.42 24.66 25.94 27.29
Annual- 35 42,624 44,881 47,211 49,668
Annual- 40 48,714 51 ,293 53,955 56,763
3 Hourly 26.16 27.54 28.96 30.48
Annual-35 47,611 50,123 52,707 55,474
Annual-40 54,413 57,283 60,237 63,398
4 Hourly 28.70 30.31 31.94 33.69
Annual- 35 52,234 55,164 58,131 61,316 Annual- 40 59,696 63,045 66,435 70,075
5 Hourly 29.89 31 .55 33.29 35.08 Annual- 35 54,400 57,421 60,588 63,846
Annual- 40 62,171 65,624 69,243 72,966
6 Hourly 30 .94 32.90 34.98 37.20
Annual- 35 56,311 59,878 63,664 67,704 Annual-40 64,355 68,432 72,758 77,376
7 Hourly 33.02 35.00 37.11 39.31 Annual-35 60,096 63,700 67,540 71,544 Annual- 40 68,682 72,800 77,189 81,765
8 Hourly 35.77 37.91 40.15 42.56
Annual- 35 65,101 68,996 73,073 77,549 Annual- 40 74,402 78,853 83,512 88,525
9 Hourly 37.83 40.09 42.48 45.02 Annual- 35 68,851 72,964 77,314 81,936
Annual- 40 78,686 83,387 88,358 93,642
Note 1. Salaries will be calculated on the basis of the hourly rates. The line below the hourly rates denotes the annual salary based on 35 hour work week and 40 hours work week for information purposes.
Note 2. An Employee's progression to the next step on the grid shall be as per the attached Letter of Understanding with respect to the Performance Management Program.
31
APPENDIX A- CEP SALARY SCHEDULE - September 24, 2019 STEP
Band 1 2 3 4 1 Hourly 21.13 22.20 23.28 24.47
Annual- 35 38,457 40,404 42,370 44,535 Annual-40 43,950 46,176 48,422 50,898
2 Hourly 23.78 25.03 26.33 27.70 Annual- 35 43,280 45,555 47,921 50,414
Annual-40 49,462 52,062 54,766 57,616
3 Hourly 26.56 27.96 29.39 30.94
Annual- 35 48,339 50,887 53,490 56,311 Annual- 40 55,245 58,157 61 '131 64,355
4 Hourly 29.14 30.77 32.42 34.20 Annual- 35 53,035 56,001 59,004 62,244 Annual- 40 60,611 64,002 67,434 71 '136
5 Hourly 30.34 32.03 33.79 35.61 Annual- 35 57,166 58,295 61 ,498 64,810 Annual- 40 65,333 66,622 70,283 74,069
6 Hourly 31.41 33.40 35.50 37.76
Annual- 35 57,166 60,788 64,610 68,723
Annual- 40 65,333 69,472 73,840 78,541
7 Hourly 33.52 35.53 37.67 39.90 Annual- 35 61,006 64,665 68,559 72,618
Annual-40 69,722 73,902 78,354 82,992
8 Hourly 36.31 38.48 40.75 43.20
Annual- 35 66,084 70,034 74,165 78,624
Annual- 40 75,525 80,038 84,760 89,856
9 Hourly 38.40 40.70 43.12 45.70 Annual- 35 69,888 74,074 78,478 83,174 Annual-40 79,872 84,656 89,690 95,056
Note 1. Salaries will be calculated on the basis of the hourly rates. The line below the hourly rates denotes the annual salary based on 35 hour work week and 40 hour work week for information purposes.
Note 2. An Employee's progression to the next step on the grid shall be as per the attached Letter of Understanding with respect to the Performance Management Program.
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LETTER OF UNDERSTANDING
PERFORMANCE MANAGEMENT PROGRAM
BETWEEN:
The Corporation of the Town of lnnisfil
and
Unifor Local 333
WITHOUT PREJUDICE AND PRECEDENT
1. The parties will continue to meet following ratification of th is collective agreement to complete the development and implementation of the Performance Management Program.
2. Subject to agreement by the parties, the terms and conditions will include, but are not limited to : appraisal criteria; timelines for appraisal completion; appeal process and standardized evaluation forms .
3. The parties recognize that movement through the wage grid, is based on employees achieving satisfactory performance except as expressly defined in this letter of understanding, which will be a component of the Performance Management Program.
4. Employees in their positions as of May 27, 2009 within the same band will advance to the next step on the grid on their anniversary date in each year to the maximum step. This movement is not subject to the Performance Management Program.
5. New employees or current employees who are placed into a position within a higher band following date of ratification of the collective agreement, will continue to move along the wage grid on their anniversary date until the Performance Management Program is implemented. Following implementation of the Performance Management Program movement through the wage grid for these employees will be subject to satisfactory performance as determined by the terms and conditions of the Performance Management Program.
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6. The Union's participation in the development of the Performance Management Program will in no way limit its ability to represent members, however no grievance shall result from the application of the Performance Management Program unless the employee is denied advancement through the grid or is subject to disciplinary action.
7. In the event that the parties are unable to agree upon the terms and conditions of the Performance Management Program, the parties will agree to select a mutually acceptable mediator to assist the parties in reaching agreement. Notwithstanding the foregoing the union recognizes that the Corporation has the right to implement a Performance Management Program that is not tied to the wage grid .
8. This Letter of Understanding shall form part of the collective agreement.
ON BEHALF OF THE CORPORATION ON BEHALF OF THE UNION
. J,_L-Mayor
~----------~~~ Lee Parkin, Clerk
~ bLV cil) ;\(')\\ ' Date
34
LETTER OF UNDERSTANDING
CONTRACT/TEMPORARY WORKERS
BETWEEN:
THE CORPORATION OF THE TOWN OF INNISFIL ("Employer")
and
UNIFOR, INC. AND ITS LOCAL, NO. 333 (collectively, the "Union")
Whereas the parties agree to the following terms and conditions for the hiring and use of contract/temporary employees: ·
1. Definitions:
Contract employee: o a non-permanent employee who is hired by the Town for a defined period of
time and employed in a bargaining unit position may be subject to inclusion under certain provisions of the Unifor Collective Agreement depending on the nature and scope of work and duration of contract
Temporary employee: o an employee of a temporary staffing agency on assignment with the Town on
a short-term basis (less than 6 months) are not subject to inclusion under the Unifor Collective Agreement
2. The following contract positions are not subject to inclusion under the Unifor bargaining unit and will have no bargaining unit rights:
• maternity/parental leave contracts (19 months) • contracts to cover employees absent due to disability, illness or injury (i.e. short
term and long term disability and WSIB injuries) (two years) • special project contracts with a defined scope of work and duration limited by the
duration of the project
3. The following contract positions may be within the scope of the bargaining unit and will have partial bargaining unit rights:
• contracts to address additional workload volumes within bargaining unit positions lasting greater than twelve ( 12) months
• backfill positions for members transferred out of the bargaining unit on a temporary basis for a period of greater than 12 months
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4. The following Unifor Collective Agreement articles may apply for contracts addressing additional workload volumes within bargaining unit positions lasting twelve (12) months or more, as reviewed with the union and determination made as to which articles will apply on a case by case situation:
• Union Security (Article 5) • Hours of Work (Article 7) • Overtime (Article 8) • Wages (Article 9) • Paid Holidays (Article 1 0) • Vacation (Article 11) • Grievance Procedure- except with respect to any ability to grieve
discharge/termination of employment (Article 13) • Arbitration Procedure- except with respect to any right to arbitration regarding
discharge/termination of employment (Article 14) • Leave of Absence, Jury Duty/Subpoenaed Witness Leave (Article 15 & 16) • Health and Safety (Article 17) and, • Employee Benefits- Partial (Article 18)
5. Contract employees entitled to partial bargaining unit rights will have those rights outlined in the 'Offer of Employment' provided by Human Resources.
Contract employees hired prior to ratification would be included only.
Recognition that this Letter of Understanding will sunset at the commencement of negotiations between the parties.
ON BEHALF OF THE CORPORATION ON BEHALF OF THE UNION
.· L.J~ ~~ Mayor
--~----· --~-~~~ Lee Parkin, Clerk
36
LETTER OF UNDERSTANDING
JOB EVALUATION TEAMS OF REFERENCE
BETWEEN:
THE CORPORATION OF THE TOWN OF INNISFIL
("Employer")
and
And UNIFOR, LOCAL 333
("Union")
Whereas the parties agree to meet no later than 120 days after the date of ratification to review and revise, where necessary, the existing Terms of Reference for Job Evaluation System Implementation.
Such review will include, but not limited to:
a) The terms of reference contain detail on Union access to job descriptions and job evaluation results
b) The terms of reference maintain a process for appeal within the system used
The parties further agree that the revised terms of reference will not require ratification by the bargaining unit
ON BEHALF OF THE ,CORPORATION ON BEHALF OF THE UNION
~ Lee Parkin, Clerk
37
LETTER OF UNDERSTANDING
ALTERNATE WORK SCHEDULES
BETWEEN:
The Corporation of the Town of lnnisfil
and
Unifor Local 333
WITHOUT PREJUDICE AND PRECEDENT
Whereas the Parties agreed to introduce flexible work schedules for employees as defined by the Collective Agreement and;
Whereas the Parties have agreed that the specific terms of the possible various schedules are dependent upon the nature of the work and complement of staff in each department and;
Whereas the Parties wish to establish a framework from which flexible work schedules can be established in various departments of the Corporation.
Therefore, the Parties agree to the following:
1. Flex time is defined as scheduled work hours that may vary on a daily basis, but respect the provision of Article 7 of the Collective Agreement. Specifically, the maximum number of hours of work per week shall not exceed the weekly hours specified in Article 7 of the Collective Agreement.
2. Flex time schedules will be developed on the basis of departmental requirements.
3. No employee will be forced to enter a flex time schedule.
4. The Corporation reserves the right to refuse any employee the opportunity to work a flex time schedule.
5. The failure to reach an agreement on the establishment of a flex time schedule shall not be a matter for grievance.
6. No flex time schedule will create additional cost for the Corporation.
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7. Overtime will only be applicable for hours worked outside of the agreed upon schedule.
8. This agreement will remain in effect for the duration of the collective agreement and may be terminated by either party with thirty (30) days' notice.
9. All leave accruals shall be on the basis of the standard hours of work defined in Article 7 of the Collective Agreement.
1 0. All leaves taken shall be recorded to reflect the length of the shift assigned for the days taken as leave.
11. No Compressed Work Week schedule shall be implemented until approved in writing by the Union and the Corporation .
ON BEHALF OF THE CORPORATION ON BEHALF OF THE UNION
~~L~ Gord~e. Ma§'or
~__,_____:-,£------=-_ Lee Parkin , Clerk
Da~ I '
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