COLLECTIVE AGREEMENT. Between THE WEST VANCOUVER POLICE BOARD. And THE WEST VANCOUVER POLICE ASSOCIATION FOR THE PERIOD

Transcription

1 COLLECTIVE AGREEMENT Between THE WEST VANCOUVER POLICE BOARD And THE WEST VANCOUVER POLICE ASSOCIATION FOR THE PERIOD 2000 JANUARY 01 to 2002 DECEMBER 31

2 INDEX PART I - POLICE OFFICERS AND GENERAL 1.0 DEFINITIONS TERM OF AGREEMENT SPECIAL CONSTABLES GENERAL SCOPE OF THE AGREEMENT ASSOCIATION MEMBERSHIP REMUNERATION Salary Rates Calculation of Bi-Weekly Salaries Calculation of Hourly Rates PAY FOR PERFORMANCE OF HIGHER DUTY Day Shift Night Shift General SPECIAL ALLOWANCES Clothing and Equipment Service Pay Specialist Allowances Field Trainers Allowance Shift Differential Industrial First-Aid Premium Motorcycle Pay OVERTIME Calculation of Overtime Extended Tour of Duty Claims for Overtime Accumulation and Banking of Overtime Call-Outs Court Attendance Department Training ANNUAL LEAVE AND STATUTORY HOLIDAYS Annual Leave Supplementary Annual Leave Statutory Holidays - Entitlement and Accumulation Leave Lists Repayment of Time Taken But Not Earned RELIEF OF N.C.O. RANKS Patrol Section N.C.O.'s 31

3 12.2 Absence of C.I.D. N.C.O.'s Absence of Traffic Section N.C.O.'s Member with Disciplinary Default General MEMBER BENEFITS Health Insurance Group Life Insurance Superannuation Workers' Compensation and Sick Leave Payments Sick Leave and Sick Leave Gratuity Incapacity to Perform Regular Duties Total Permanent Disability Compensation Compassionate Leave Legal Aid Indemnification Amendments to 13.9 and Dependent's Compensation Maternity and Parental Leave Medical Attendance WORKING CONDITIONS Hours of Work Probation Period and Related Matters Vacancies, New Positions Complaints Against Members and Disciplinary Action Suspension Disciplinary Powers Personnel Files ABSENCE FROM DUTY OF ASSOCIATION REPRESENTATIVES GRIEVANCE PROCEDURES Arbitration Procedure TECHNOLOGICAL CHANGE REDUCTION OF THE WORK FORCE, LAY-OFF, RECALL Notification of Association Notification of Members Reduction in Promoted Ranks Lay-off Election for Recall Rights re Compensation Recall Compensation TRAVEL OUTSIDE GVRD Definition of GVRD Out of Town Appearances Travel from Outside GVRD for Court Compensating Time-Off for Travel Travel Expenses MISCELLANEOUS MATTERS "Day of Pay" Fund Printing of Collective Agreement Schedules 73

4 20.4 Letters of Understanding Gender 73

5 PART II - SPECIAL CONSTABLES 1.0 REMUNERATION SPECIAL ALLOWANCES Clothing and Equipment Field Trainer Allowance Shift Differential OVERTIME Extended Tour of Duty Accumulation of Overtime Call-Out STATUTORY HOLIDAYS MEMBER BENEFITS Superannuation WORKING CONDITIONS Hours of Work Probation Period Vacancies, New Positions REDUCTION OF THE WORK FORCE, LAY-OFF, RECALL Definitions Notification of Association Notification of Members Lay-off Election for Recall Rights or Compensation Recall Compensation 81 APPENDIXES Schedule "A" - Salary Schedules for the period 01 January 2000 to 31 December 2002 Schedule "B" - Annual and Supplementary Leave Schedule "C" - "Day of Pay" Fund Schedule "D" - Dependants' Compensation Schedule "E" - Total Permanent Disability Compensation Appendix 1 - Legislative Changes to the Municipal Superannuation Act Appendix 2 - Interdivisional Target Section Appendix 3 - Indemnification Agreement Appendix 4 - Job Sharing

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7 THIS AGREEMENT made as of January 01, 2000 BETWEEN: THE WEST VANCOUVER POLICE BOARD (the "Board") OF THE FIRST PART AND: THE WEST VANCOUVER POLICE ASSOCIATION (the "Association") OF THE SECOND PART WHEREAS the West Vancouver Police Board is an employer within the meaning of the Labour Relations Code ("the Code") as amended; AND WHEREAS the Association is a Trade Union within the meaning of the Code and is the bargaining agent for all Members of the Board except for: (a) (b) those Members excluded under the Code; and the Civilian Members of the Board. AND WHEREAS as a result of collective bargaining the parties hereto have concluded the Collective Agreement hereinafter appearing, which shall constitute the basis for the remuneration and working conditions of the members of the Association. NOW THEREFORE THIS AGREEMENT WITNESSETH THAT the parties covenant and agree each with the other, as follows: 1

8 1.0 DEFINITIONS: PART I - POLICE OFFICERS AND GENERAL For all purposes of this Agreement, unless otherwise specifically provided herein, the following words and phrases shall have the meanings hereinafter specified in this Section 1.0.: 1.01 "Acting Corporal" means a Member who has been temporarily assigned the duties of a Corporal and is being paid temporarily as a Corporal "Acting Pay" means the rate of pay a Member receives while temporarily performing the duties of any rank higher than the Member normally holds "Acting Sergeant" means a Member who has been temporarily assigned the duties of a Sergeant and is being paid temporarily as a Sergeant "Acting Staff Sergeant" means a Member who has been temporarily assigned the duties of a Staff Sergeant and is being paid temporarily as a Staff Sergeant "Agreement" means this Agreement, the Collective Agreement, unless otherwise specified "Annual Leave" means earned paid time off considered as annual leave. For the purposes of Sections 10.5(b) and 10.6(a)(v) is deemed to commence forthwith upon completion of the last regular tour of duty prior to the Annual Leave and shall be deemed to end upon commencement of the first regular daily tour of duty following completion of the Annual Leave "Association Executive" means a Member of the Association who has been elected to a position as president, vice president, treasurer, secretary, director or trustee "Association Representative" means a Member of the Association elected by the Association membership to serve a term as an Association Executive "Bargaining Agent" means a Member of the Association, elected by the Association to serve as a representative on the Bargaining Committee, and also means a person (that is not a Member of the Association) selected by the Association to act as a representative on the Bargaining Committee "Bargaining Committee" means a committee of up to four Bargaining Agents which shall act as the representative of the Association in matters of negotiating all terms and conditions of this Agreement. 2

9 1.11 "Bargaining Representative" means a Member of the Association, elected by the Association to serve as a representative on the Bargaining Committee "Board of Arbitration" means a three person or single person panel appointed to arbitrate a difference arising between the Board and the Association pursuant to Section 16.1(a). "Arbitration Board" means the same "Bylaws" means the Association's registered operating rules and regulations as applies to Members and the Association "Calendar Day" means a period of 24 hours commencing at 12:01 a.m "Calendar Days" shall mean consecutive days including Working Days and days off "Calendar Week" means a period of seven consecutive days commencing Monday at 12:01 a.m "Calendar Year" means for the purposes of calculating Annual Leave entitlement, the 12 month period from January 1st to December 31st inclusive; 1.18 "Call-Out" shall mean the return to work, other than during regular assigned working hours, in accordance with the orders of the Chief Constable or his designate "Certificate of Bargaining Authority" means the Certificate issued to the Association by the B.C. Industrial Relations Council which gives the Association the authority to represent the Members who are employed in the positions stated in the Certificate "Chairman" means the Chairman of the Board "Change in Shift" or "Change in Shift Schedule" means any change involving hours of work and/or days off "Chief Constable" means the Chief Constable of the West Vancouver Police Department and when applicable shall include his/her authorized delegate "Collective Agreement" means this Agreement, collectively negotiated between the Board and the Association "Committee" has the meaning set forth in Section 13.7(b). 3

10 1.25 "Community Policing Section" means the section of the Department established as the Community Policing Section. "CPS" shall mean the same "Compassionate Leave" means leave for compassionate purposes as set out in Section "Constable" means a Member classified and paid as a Constable "Constitution" means the Association's registered operating rules as applied to the Association "Corporal/Detective" means a Member classified and paid as a Corporal/Detective. "Corporal" and "Detective" shall mean the same "Court" shall be defined as in Section 10.6(a) "Criminal Investigation Division" means the division of the Department established as the Criminal Investigation Division. "C.I.D." shall mean the same "Day of Pay Fund" means the fund established by Schedule "C" "Day Off" means the days of the week between the end of a Members Shift Schedule and the commencement of the Members next Shift Schedule "Dayshift Section" means the section of the Department established as the Dayshift Section "Department" means the West Vancouver Police Department "Department Regulations" means conditions of service and working conditions established by the Board, with the Association, but not including conditions of service and working conditions included in this Agreement "Dependent's Compensation Plan" for the purpose of Section 13.12(b) means the plan to provide compensation to the dependents of a Member who is killed in the performance of his/her official duties as a Member "Deputy Chief" and "Deputy Chief Constable" mean the Deputy Chief Constable of the Department and when applicable shall include his/her authorized delegate "Disciplinary Default" means a record entered into a Member's personal file maintained by the Chief Constable which shows that disciplinary action was taken against the Member. 4

11 1.40 "Extended Tour of Duty" shall mean overtime worked by a Member to which the provisions of Section 10.2 "Extended Tour of Duty" apply "Field Trainer" means a Member appointed by the Chief Constable to perform field training duties "First Class Constable" means a Member classified and paid as a First Class Constable "Floater Time" means the time worked in excess of 40 hours in a week which is neither considered nor paid as overtime. Floater Time for Members on a Patrol Section shall be considered to equal 104 hours per year "Forensic Identification Section" means the section of the Department established as the Forensic Identification Section "Forensic Identification Specialist" means a Member appointed by the Chief Constable to perform the duties of a Forensic Identification Specialist "Gratuity" means time earned and credited to a Member as outlined in Section 13.5(d) "Grievance Committee" means a Committee of the Association, elected by the Association to serve on the Grievance Committee "Hearing" means a meeting held to hear facts concerning a specific incident or incidents and/or a specific allegation or allegations "Inspector" means the Inspector of the Department and when applicable shall include his/her authorized delegate "Intelligence Section" means the section of the Department established as the Intelligence Section "Lay-off" for the purposes of Article 18.0 means the temporary or permanent termination of employment of a Member as a result of the Board's decision to reduce the work force "Leave List" means a written list containing the names of Members who have signed up and been approved for time off from work consistent with the terms and conditions specified in this Agreement "Member" means a Member of the Department covered by the Association's certificate of bargaining authority. 5

12 1.54 "Municipal Group Life Insurance Policy" means a life insurance policy purchased by the Members and administered by the Employer for the purposes of insuring the life of Members "N.C.O." means a non-commissioned Member, classified and paid as an N.C.O "Operational Support Division" means the division of the Department established as the Operational Support Division "Patrol Division" means the division of the Department established as the Patrol Division "Patrol Division Corporal" means a Member appointed to carry out the duties of a Corporal in the Patrol Division "Patrol Section" means a section of the Department established as a Patrol Section "Patrol Staff" means a Member of the Patrol Division. "Patrol Member" and "Patrol Officer" shall mean the same "Peace Officer" means a Member employed as a Peace Officer as defined in the B.C. Police Act "Personnel File" means a depository retained by the Board containing information relative to each particular Member "Police Officer" means a Member sworn in as a Peace Officer "Police Work" means work assigned to Members "Probationer Constable" means a Member classified as a Constable who is in their first 18 months, or in the case of extended probation, longer than 18 months, of employment with the Board "Promotion Policy" means the Department regulation governing the qualification and promotion procedures of Members "Promotional Eligibility List" means the Department list upon which is recorded the names of those Members eligible for promotion "Qualified" means when referring to "after 10th year", a Constable who has completed 10 years service with the Department and who has completed the Constable's qualifying examinations as per Schedule "A" and obtained a minimum mark of 75% "Regular Work Day" shall mean from 12:01 a.m. one morning to 12:01 a.m. the following morning. 6

13 1.70 "Regular Work Week" shall mean from 12:01 a.m. Monday to 12:01 a.m. the following Monday "Second Class Constable" means a Member classified and paid as a Second Class Constable "Senior Constable" means the Constable on shift who has worked for the longest period of time in the Department "Seniority" means: (a) (b) for the purposes of Sections 14.2 and 18.0, continuous service completed by a Member since the date of employment in the Department; and for the purpose of Part II, continuous service as a Special Constable completed since the date of employment in the Department as a Special Constable "Sergeant" means a Member classified and paid as a Sergeant "Service Pay" means for those Members hired prior to 2001 April 01, a monthly lump sum payment equal to $7.50 per month for each block of five consecutive years of employment of the Member by the Board "Service Record of Discipline" means the document upon which a Member's Disciplinary Defaults are recorded "Shift Schedule" means the schedule of hours of work and days off of Members determined on a daily, weekly, monthly or annual basis by the Chief Constable from time to time "Sick Leave" means a recognized and approved paid absence for a Member who must remain away from work due to illness or injury "Special Constable" means a Member employed to perform duties related to bylaw enforcement, etc. and who is sworn in as a Special Constable "Spouse" means the person the Member is legally married to or a person who has been publicly represented as the Member's partner "Staff Sergeant" means a Member classified and paid as a Staff Sergeant "Statutory Holidays" means those holidays shown in Section "Superannuation" means retirement benefits as defined in the Pension (Municipal) Act. 7

14 1.84 "Supervisor, Special Constables" means a Member employed to perform duties related to bylaw enforcement, etc. and who is sworn in as a Special Constable and is assigned to supervise Special Constables "Target Section" means the section of the Department established as the Target Section "Temporary and Part Time Members" means, for the purpose of Section 13.2, Group Life Insurance, a Member who has been hired to a position on a temporary or part-time basis "Third Class Constable" means a Member classified and paid as a Third Class Constable "Total Permanent Disability Compensation Plan" for the purpose of Section 13.7 means the plan to provide compensation to Members who become totally and permanently disabled in the performance of his/her official duties as a Member "Traffic Hearing Rooms" means a room or rooms in a Provincial Court facility which are assigned for the adjudication of traffic and by-law matters "Traffic Section" means the section of the Department established as the Traffic Section "Training Officer" means a Member appointed by the Chief Constable as a training officer "12 Hour Shift" means a working day of 12 hours duration "Variable Hours" means hours of work and/or days off which are scheduled on the Shift Schedule but which may be varied without notice or penalty by the Chief Constable or his/her designate "Week's Pay" for the purposes of subsection 18.7(b) means a laid off Member's straight time hourly classified rate of pay, excluding all premium pay, multiplied by 40 hours "Working Day" means a Member s scheduled shift of seven and one-half hours, eight hours, ten hours or 12 hours duration, as the case may be with the exception of Section 12.4(b)(ii) which shall be eight hours duration. 2.0 TERM OF AGREEMENT The Employer and the Association agree that the term of the new Collective Agreement shall be for three (3) years, commencing 2000 January 01 and expiring 2002 December 31. 8

15 It is understood and agreed between the parties that the operation of subsections (2) and (3) of Section 50 of the "Labour Relations Code" is hereby excluded from and shall not be applicable to this Agreement. 3.0 SPECIAL CONSTABLES Except for specific provisions and/or exceptions covering Special Constables as set out in Part II of this Agreement, all of the terms and conditions outlined in Part I of this Agreement shall apply to all Members. 4.0 GENERAL 4.1 The Association undertakes to promptly furnish the Board with a copy of its Constitution and Bylaws, together with all amendments thereto, from time to time, and each year, or more frequently as may be appropriate, the Association will provide a current listing of its duly elected Association Executive. 4.2 The Association will have certified under the appropriate statute four bargaining agents, at least three of whom shall be Members. 4.3 The Board agrees to meet with the duly elected Association Executive to discuss matters of concern to the Association, excluding those matters under Article 16.0, Grievance Procedures. The meetings shall be either at regularly scheduled Board meetings or, in respect of matters of urgency, upon request of any three of the duly elected Association Executive, the Chairman shall convene a special meeting of the Board. 4.4 (a) Except for collective bargaining meetings, a Member who is authorized and required to attend at any meeting of the Board or sanctioned sub-committee of the Board shall not forego his/her regular remuneration by virtue of his/her attendance at such Board or sanctioned Board sub-committee meetings. (b) Members who are authorized to be absent from his/her duties to meet with the Board on matters related to collective agreement bargaining or to meet with any sanctioned sub-committee of the Board on matters related to collective agreement bargaining shall forego his/her regular remuneration by virtue of his/her attendance at such Board of sanctioned Board sub-committee meetings. 4.5 Decisions of the Board affecting Members shall be communicated in writing addressed to the secretary of the Association, or as may be appropriate, or when so requested by an Association Executive, such communications shall be addressed directly to Members. 5.0 SCOPE OF THE AGREEMENT 9

16 5.1 The conditions of service and working conditions made by the Board as contained in the Department Regulations, with amendments, shall not be changed without the agreement of the Association. In the event of any conflict between this Agreement and the conditions of service or working conditions contained in the Departmental Regulations, the provisions of this Agreement shall apply. 5.2 Any alteration to this Agreement affecting working conditions may be the subject of negotiations, other than those provided for as set out above or the regulation of the hours of work as contained in Section 14.1 hereof. 5.3 During the term of this Agreement Department Regulations may be amended by mutual agreement of the parties hereto, however, any such changes so made shall not be reason to either open for bargaining or void this Agreement. 5.4 If no agreement is reached at the expiration of this Agreement and negotiations are continuing, this Agreement shall remain in force up to the time an agreement is reached or until negotiations are discontinued by either party. 6.0 ASSOCIATION MEMBERSHIP All Members covered by this Agreement shall pay a monthly fee to the Association equal to the Association's monthly dues, such payment to be made by payroll deduction, provided membership remains on a voluntary basis and is not a condition of employment. This deduction shall become effective on the first day of the month coincident with or next following the date of employment, but the deduction shall be made only if the Member is still in the employ of the Board on the final day of the first pay period in that month. Deductions shall be made in respect of all subsequent months provided a Member works any part of the month. 7.0 REMUNERATION 7.1 Salary Rates: The scale of remuneration set out in Schedule "A" annexed hereto and forming a part of this Agreement shall apply during the term of this Agreement. 7.2 Calculation of Bi-Weekly Salaries: Bi-weekly salaries shown in Schedule "A" attached hereto are calculated by applying the following formula: Monthly salary x 12 (months) pay periods per annum 10

17 7.3 Calculation of Hourly Rates: Hourly rates of pay are calculated from the bi-weekly salaries as shown in Schedule "A", attached hereto, by applying the following formula: Bi-weekly salary 80 hours per pay period (The result of the above calculation is rounded to three decimal places). 8.0 PAY FOR PERFORMANCE OF HIGHER DUTY 8.1 Day Shift: (a) (b) A Member appointed by the authority of the Chief Constable to temporarily perform the duties of any rank higher than the Member normally holds shall be paid at the appropriate rate for the higher rank for each entire day shift that the Member performs such duty. Notwithstanding subsection 8.1(a), a Member appointed by the authority of the Chief Constable to temporarily perform the duties of any rank higher than the Member normally holds shall be paid at the appropriate rate for the higher rank on an hour-by-hour basis during each day shift, when that day shift falls on a Saturday, Sunday or statutory holiday and that duty is performed on a Patrol Section, except where that duty occurs only during the last hour. 8.2 Night Shift: A Member temporarily performing the duty of a rank higher than the Member normally holds shall be paid on an hour-by-hour basis during each night shift except where that duty occurs only during the last hour. 8.3 General: (a) (b) Higher acting rank pay shall not be paid for overtime which arises from performance by the Member of his/her normal duties, for example Court appearances as a result of an investigation conducted while in the higher acting rank or for court appearances on the same date preceding or subsequent to performing the higher acting rank duties. Where temporary appointments to a higher rank are made in accordance with Section 7 of Regulation 600, Police Promotion Plan the following shall apply: For the first six continuous months of an appointment, under subsections 8.1 and 8.2, Members so appointed will only be entitled to Acting Pay for hours worked in the higher rank. Appointments which exceed six continuous months, will be entitled to Acting Pay for all hours worked, 11

18 8.3 cont'd and will receive the same Acting Pay rate for all absences which will include Annual Leave, Statutory Leave or Sick Leave, and Workers' Compensation hours. 9.0 SPECIAL ALLOWANCES 9.1 Clothing and Equipment: (a) (b) (c) (d) Every Member shall be entitled to such items of uniform, clothing and equipment as set out in the applicable administrative policy. A clothing and equipment committee comprised of the Patrol Division Staff Sergeant, Inspector Operational Support and an Association representative shall be established to consider all changes to established uniform issue policies and appeals to the issue or replacement of clothing and equipment. Any portion of issued uniform or equipment soiled, damaged, lost or stolen in the line of duty shall be cleaned, replaced or repaired. Where the Chief Constable or his delegate finds that there was negligence in the soiling, damage or loss of the uniform or equipment, costs may be recovered from the Member as an assignment of wages pursuant to the Employment Standards Act R.S.B.C c. 113, as amended. Appeals to such a decision may be made to the Clothing & Equipment Committee as outlined in Section 9.1(b). The committee's decision will be final and binding. All Members who are required to wear civilian clothing as part of their duties shall be compensated as follows: (i) (ii) All Members who are required to provide and wear civilian clothing as part of their regular duties, shall be entitled to a clothing allowance of $1,070 per annum. In the instance of a Member completing a part year of service, the clothing allowance shall be pro-rated. A Member who is appointed to work temporarily or intermittently in plain clothes shall be paid $4.05 for each day so worked. 9.1(d) cont'd (iii) Any Member who is not regularly assigned to plain clothes duties, but whom, due to medical reasons, is placed on light 12

19 duties and assigned to plain clothes duties will not qualify for the plain clothes allowance as provided in subsection 9.1(d)(i) and (ii) above. This subsection 9.1(d)(iii) does not apply to those Members that are regularly paid plain clothes allowance whom, due to medical reasons, are placed on light duties. (e) The Employer shall provide cleaning services to all Members granted a permanent clothing allowance, with the following maximums: - one shirt per working day; - one pair of pants per week; - one sport or suit jacket every two weeks; and - one overcoat every month. (f) It is understood that Members absent on either Sick Leave or Workers' Compensation benefits for a period in excess of four consecutive weeks shall not be entitled to the benefits provided pursuant to subsection (d) and (e) of this Section 9.1 for the duration of such absence. 9.2 Service Pay: Service Pay shall be paid to all Members who were hired prior to 2001 April 01, while paid as First Class Constables and higher ranks on the basis of $7.50 per month for each completed 5-year period of service thereafter. 9.3 Specialist Allowances: Any Member required to perform the duties of a Forensic Identification Specialist will receive an additional five percent specialist pay in addition to his/her regular rate of pay. 13

20 9.4 Field Trainers Allowance: A Member who is a qualified Field Trainer and is required to perform field training duties will be paid a special allowance in addition to his/her regular pay for such time worked as a Field Trainer. The amount of the allowance, expressed as a rate per hour, will be based on one-half the difference between the daily rate of a First Class Constable and that of the Corporal/Detective rank. For this Agreement such special allowance will be: 9.5 Shift Differential: 1997 July 01 - $ January 01 - $ January 01 - $2.022 (a) (b) (c) (d) (e) A Member who works between 1500 hours and 2400 hours shall be paid a shift differential premium of $0.58 per hour. A Member who works between 2400 hours and 0700 hours and completes his/her shift during these hours shall be paid a shift differential premium of $0.73 per hour. A Member who is employed on a Patrol Section on any night shift scheduled between 1900 hours and 0700 hours shall be paid a shift differential premium of $0.73 per hour for all hours worked. A Member whose regular dayshift falls entirely within the period from 0500 hours and 1900 hours shall not be paid any shift differential premium, either for the regular hours worked within such period or for any extended tour of duty continuing beyond 1900 hours. Shift differential premium payments shall not be included when calculating overtime rates under this agreement, but shall be included as earnings for the purpose of calculating superannuation contributions. 14

21 9.6 Industrial First-Aid Premium: Each Member who is a holder in good standing of an Industrial First-Aid Certificate awarded by the Board of Examiners pursuant to the provisions of the Workers' Compensation Act of British Columbia as amended from time to time, and who is designated by the Employer to perform such firstaid duties, shall receive a premium payment in accordance with the following schedule: 9.7 Motorcycle Pay: 10.0 OVERTIME Occupational First Aid Level 2 - $85.00 per month Occupational First Aid Level 3 - $ per month Members authorized and approved to ride a motorcycle as part of their usual duty within the Traffic Section will be paid an allowance of $80.00/year, payable in the first pay period in December Calculation of Overtime: Any overtime incurred under Sections 10.2 "Extended Tour of Duty" or Section 10.5 "Call-Outs", shall be calculated on the basis of the number of overtime hours worked multiplied by one and one-half or two as the case may be and the result shall be taken to the nearest hour Extended Tour of Duty: (a) (b) A Member who is required to work overtime of one-half hour or more in excess of that Member's regularly scheduled shift, shall be paid at the rate of one and one-half times the hourly rate of such Member, computed on the basis of his/her regular working hours, for the first two consecutive hours of overtime worked by him/her and at the rate of twice the hourly rate computed as aforesaid, for all hours worked by such Member in excess of two hours of overtime on Police Work. Where a Member is called out for duty within three hours preceding his/her regularly scheduled shift, this shall constitute an Extended Tour of Duty and rates of pay as noted in Section 10.2(a) will apply Claims for Overtime: 15

22 All claims for payment of overtime hours worked shall be made to the Chief Constable on the prescribed forms and all such claims must bear the approval of the Chief Constable prior to processing Accumulation and Banking of Overtime: (a) (b) A Member may elect to accumulate the overtime earned under the provisions of this Section 10 up to a total of 144 hours accumulated at any one time, and, with the approval of the Chief Constable, the accumulated time may be taken as time off. Such time off as taken shall be considered as Annual Leave. As of November 1st in any year, the maximum accumulation of overtime by a Member shall be 144 hours. At that time the Member shall have the option to carry forward into the next year all or part of the 144 hours and be paid for any balance not carried forward. Any accumulated overtime carried forward into the next year shall be taken as time off in that year Call-Outs: (a) (b) If a Member is ordered to return to work on his/her regular day off, he/she shall be compensated at double his/her regular hourly rate of pay for each hour so worked or for three hours at double his/her regular hourly rate of pay, whichever is greater. A Member ordered to report for work during his/her Annual Leave shall be compensated at the rate of a minimum of 20 hours for each day so called out. 10.5(c) cont'd (c) (i) Subject to subsections 10.5(c)(ii), and 14.1(h), the Chief Constable shall have the right to alter the hours of work of a Member from the designation in the duty roster. In such event the Member shall be paid on the basis that all time worked within the designation in the duty roster shall be paid at straight time rates and all time worked outside the designation in the duty roster shall constitute an Extended Tour of Duty or a Call-Out, as the case may be, and shall be paid in accordance with this Article. No Member shall be paid for hours designated in the duty roster, but not worked, except as otherwise provided. (ii) Subject to the exigencies of the force: 1) The hours of work of a Member shall not be altered from the designation in the duty roster in such a manner that a Member is deliberately deprived of either any straight time hours or overtime and, 16

23 2) Subject to subsection 10.5(d) every Member shall receive eight consecutive hours free from duty between their shifts. NOTE: The intention of subsection 10.5(c)(ii) is to ensure that notwithstanding subsection 10.5(c)(i), the Department shall have some flexibility in scheduling. However, where a Member's hours are altered this should result in an overtime penalty to the Department, for example: Where a Member is scheduled to work 0800 to 1600 hours, but is then required to work 0600 to 1400 hours, he/she will be paid: a) 0600 to 0800 or 2 hours (outside regularly scheduled shift) at overtime rates, namely 1-1/2 T for the first 2 hours = 3 hours at straight time rates; plus b) 0800 to 1400 or 6 hours (within regularly scheduled shift) at straight time rates for a total of 9 hours. (d) If the Department is unable to alter a Member's hours of work as set out in subsections 10.5(c) and 14.1(g) so as to allow that Member eight consecutive hours of freedom from duty immediately following the completion of his/her regular shift, then such Member shall be paid at the rate of one and one-half times his/her hourly rate of pay, computed on the basis of his/her regular working hours, for the hours worked by that Member during the eight hour period immediately following the completion of this regular shift cont'd (e) (f) (g) A Change in Shift resulting from a Member being placed on light duties for medical reasons will not result in any extra pay to that Member for such Change in Shift. Section 10.5(c) does not apply when a Member's shift is altered due to training requirements or where a Member is appointed or promoted to a higher rank on a temporary or permanent basis. When, in the opinion of the Chief Constable, the Deputy Chief Constable or the Inspector, an emergency or situation of serious public concern exists, the Department may advance or retard the 17

24 posted working hours of any Member or Members for up to eight hours without penalty provided 24 hours notice is given. (h) When a Member is required to stand-by, that Member shall be paid at the rate of three hours at straight time for the time the Member is required to stand-by in any 24 hour period between 12 o'clock midnight of any given day and 12 o'clock midnight of the following day and if a Member is so called out while on stand-by he/she shall be paid for such Call-Out as provided in Section 10.5(a) or 10.5(b), whichever Section is applicable, in addition to his/her stand-by pay Court Attendance: (a) In this Section 10.6, the word "Court" means where specifically approved by the Chief Constable or where the Member is obliged to attend by way of subpoena or regular law enforcement notification, any court, tribunal, inquiry, hearing or trial (whether in Canada or elsewhere) acting in a judicial or quasi-judicial capacity whether in criminal, traffic, civil or administrative matters except a tribunal seized of labour relations matters involving the Board, the Association or the Members covered by the Association's certificate of bargaining authority. (Note: It is the specific intent of this section (a) to exclude attendance at hearings conducted by the Labour Relations Board, Boards of Arbitration, Industrial Inquiry Commissions or any other tribunals in those cases where the Association or the Members covered by its certificate of bargaining authority are parties to the matter before the tribunal.) 10.6(a) cont'd Except as otherwise provided in Section 10.6(e), an attendance at Court includes interviews with prosecutors in the preparation of cases. Compensation for attendance at Court by a Member while the Member is not on duty, and where his/her attendance is for the purpose of giving evidence which was acquired by him/her in the performance of his/her Police duties, shall be allowed in accordance with the following schedule: (i) Attendance while on Afternoon Shift Morning Session Afternoon Session Four hours Three hours 18

25 In order to qualify as being on afternoon shift more than one-half of the shift must be worked after 3:00 p.m. (ii) Attendance while on Midnight Shift Six hours for the first session attendance and four hours for each subsequent session attendance during the same calendar day. (For the purposes of calculating allowances herein, all shifts scheduled to finish later than a.m. shall be considered Midnight Shift). (iii) Attendance while on day off Eight hours for the first session attendance and six hours for each subsequent session attendance during the same calendar day. (iv) Attendance which commences on or after 1630 hours In the event that a Member is required to attend at a court session which commences on or after 1630 hours, in any circumstance contemplated pursuant to subsections (i), (ii) or (iii) above, then such appearance shall be compensated in accordance with the appropriate premium designated for such afternoon court session. 10.6(a) cont'd (v) Attendance while on Annual Leave 1) If a Member is required to attend Court while on Annual Leave, compensation will be on the basis of 20 hours for each day or part of a day of required attendance. Interviews preceding Court on Annual Leave shall be compensated in accordance with Section 10.6(e)(iii). 2) The morning session shall end when the judge calls an adjournment for lunch or completes the scheduled case list prior to the lunch adjournment. (vi) Attendance Between Night Shifts Where a Member assigned to the Patrol Division is required to attend both the morning and afternoon sessions of court during the day between the Member's night shifts, and if 19

26 that Member requests, that Member shall be granted the night shift immediately following such court session off. 1) To be granted the night shift off, the Member must notify the day shift duty NCO no later than 1500 hours during that day. 2) It is understood that the hours needed to take that night shift off, will be deducted from the banked time of the Member's choice. (vii) Attendance While on Floater Time Where a Member assigned to the Patrol Division is required to attend court or a prosecutor's interview during Floater Time described in subsection 11.4(b)(iv), that Member shall receive compensation in accordance with subsection 10.6(a)(v). For the purposes of this subsection 10.6(a)(vii), compensation only applies to the day(s) during which the Floater Time is taken, and does not include the Member's regularly scheduled day(s) off that may occur immediately before or after the Floater Time cont'd (b) (c) (d) When a Member is required to attend a morning session of a Court and to remain in attendance at that Court after 1.00 p.m., but is subsequently not required for the afternoon session on the same day, he/she shall receive further compensation of one hour in addition to any compensation provided under Section 10.6(a) above. The compensation rate to be paid a Member required to attend Court during a period when such Member is off duty on either Statutory Holiday leave (Section 11.3) or on accumulated overtime leave (Section 10.4) shall be at the rate as set out in Section 10.6(a)(v) of this Agreement. This is based on the understanding that for Court attendance compensation purposes the days off immediately preceding the signed complete block and the days off immediately following the signed complete block shall, for the purposes of this Section 10.6(c) be treated as Annual Leave. Cancellation of Attendance (i) An off-duty Member being denotified by telephone for a scheduled court appearance shall not be telephoned for such purpose between the hours of 2200 and

27 (ii) (iii) Denotification shall be communicated by a Member whose identity is known to the Member being denotified, or whose identity may be immediately verified with the denotifier by the Member being denotified. Subject to the provisions of the applicable Departmental Regulations, a Member will be considered to be denotified with respect to a scheduled court appearance if such denotification is communicated to the Member either in person or by telephone or by the denotifier to: 1) an adult residing in the residence of the Member; 2) a babysitter employed by the Member; 10.6(d)(iii) cont'd 3) a child of the Member if such child is of sufficient age as to be unattended by an adult; or 4) the Member's telephone answering machine; provided that the Member has reasonable access to such information prior to the scheduled court appearance. (iv) In the event that a Member is denotified with respect to a scheduled court appearance within 24 hours of the time at which the Member is scheduled to appear at court, then he/she shall receive one-half of the compensation to which he/she would otherwise have been entitled had he/she attended at court; EXCEPT THAT in the event that a Member is simultaneously so denotified with respect to two court appearances scheduled within the referenced 24 hour period, then he/she shall receive one-half of the compensation to which he/she would otherwise have been entitled had he/she attended at the morning session of such scheduled court appearance. (e) Prosecutor's Interviews (i) (ii) Where a Member is required to attend upon a prosecutor for an interview immediately following the completion by the Member of his/her regular day shift the Member shall be entitled to compensation of four hours straight time rates, or if the Member so elects he/she shall be given four hours time-off in lieu of pay. In the event that a Member is required to attend a scheduled Prosecutor's interview through a regular law enforcement notification or subpoena, immediately following attendance 21

28 10.6(e)(iii) cont'd (iii) (iv) at an afternoon court session, on a day off, then that Member shall be compensated in accordance with the provisions of Section 10.5 (Call-outs). When attending a session of a Court of criminal jurisdiction and a Member is required to attend a prosecutor's interview on the same day such Court is held and prior to the Court attendance time at which the Member is to give evidence as a witness, the Member shall be entitled to compensation for such attendance as follows: 1) For attendance up to thirty minutes prior to the Court attendance time the Member shall be entitled to time off of one hour. 2) For attendance thirty-one minutes to sixty minutes prior to the Court attendance time the Member shall be entitled to time off of one and one-half hours. 3) For attendance sixty-one minutes to ninety minutes prior to the Court attendance time the Member shall be entitled to time off of two hours. PROVIDED HOWEVER, that if the Court appearance is cancelled by the prosecutor prior to the Court's morning commencement time, the Member will be eligible to receive the Court attendance compensation only. For the purpose of subsection 10.6(e)(iii) above, if the Member elects to be paid in lieu of time-off he/she shall be paid at straight time rates. (f) Attendance at Court by Retired Members or Members on Authorized Leave Without Pay Any former Member who has retired on Superannuation or any Member who is absent from duty on authorized unpaid Leave of Absence and who is scheduled to attend Court as a consequence of the performance of his/her duty as a Police Officer shall be paid a court attendance allowance as follows: Morning Session - Four hours Afternoon Session - Four hours The applicable rate of pay for a Member who has retired or is absent on authorized unpaid Leave shall be that prevailing for the rank held by such Member at the date of his/her retirement or commencement of unpaid Leave. Any Member who is in receipt 22

29 of an allowance under this Section shall be required to return to the Board any witness fees received in connection with the appearance cont'd (g) Court Attendance By Members on Sick Leave Members on Sick Leave who attend court during his/her regularly scheduled shift will have his/her Sick Bank compensated as follows: Prosecutor's Interview - maximum one hour First Appearance - eight hours Subsequent Appearance - six hours The compensation to the Sick Bank will not exceed the number of hours that the Member would regularly be scheduled to work Department Training: Without derogating from the overriding intent of this Agreement, that shifts of a duration exceeding eight hours do not detrimentally affect the operation of the Department, economically or otherwise, where a Member is required to attend an eight hour department training session during the Member's scheduled day off, that Member shall be compensated with ten hours off to be taken in time only ANNUAL LEAVE AND STATUTORY HOLIDAYS 11.1 Annual Leave: All Members covered by this Agreement shall be granted Annual Leave with pay for continuous service in the employ of the Board on the following basis: (a) (b) (c) Annual Leave entitlement service shall be calculated on the basis of a calendar year January 01 to December 31. A Member leaving the Department during the first 12 months from his/her date of employment shall be granted Annual Leave in accordance with the Employment Standards Act. For service less than one year as of January 1st, the Annual Leave in Working Days shall be the portion of one year worked prior to January 1st times ten days and the pay shall be 4% of the total earnings up to January 1st cont'd 23

30 (d) (e) (f) (g) (h) (i) During the second up to and including the seventh Calendar Year of service the Annual Leave with pay shall be three weeks. During the eighth up to and including the 15th Calendar Year of service the Annual Leave with pay shall be four weeks. During the 16th up to and including the 22nd Calendar Year of service the Annual Leave with pay shall be five weeks. During the 23rd and all subsequent years of service, the Annual Leave with pay shall be six weeks, except as provided in subsection 11.1(h) hereof. After completion of seven years continuous service with the Department and provided at least three weeks of Annual Leave are taken each year, the balance of a Member's Annual Leave entitlement may be carried over to the next year up to a maximum equal to the number of weeks of the Member's annual entitlement. For example, a Member whose Annual Leave entitlement is 20 Working Days may accumulate up to four weeks at any one time, and a Member whose Annual Leave entitlement is 30 Working Days may accumulate up to six weeks at any one time. Accumulated Annual Leave entitlement shall be taken on the approval of and at the discretion of the Chief Constable, with the understanding that permission will not be unreasonably withheld. Annual Leave Deferral 11.1 cont'd (j) (k) Notwithstanding subsection 11.1(h), a Member who has completed 15 years of service may defer an additional five days of Annual Leave per year, and a Member who has completed 22 years of service may defer an additional ten days of Annual Leave per year. Unless used in conjunction with other leaves which immediately precede the Member's date of retirement, any Annual Leave deferred under this section must be used immediately prior to the Members' date of retirement. Annual Leave taken and computed by consecutive Calendar Days shall commence on Monday of a Calendar Week. The leave period shall be considered to be the Calendar Year 1 January - 31 December. Members leaving on Superannuation, or leaving at maximum retirement age shall be entitled to Annual Leave as follows: 24

31 - if retiring prior to 1st April in a calendar year, he/she shall receive one-half of the usual Annual Leave; - if retiring 1st April or later in a calendar year, he/she shall receive the full Annual Leave. (l) Annual Leave Pay Adjustment As soon as possible following 31 December in each year an Annual Leave pay adjustment will be made in a lump sum to all Members other than those entitled to an annual percentage of earnings in lieu of Annual Leave, where such Members' annual basic earnings exclusive of overtime and any other premium payments not normally taken into account in the computation of Annual Leave pay exceeded their regular base rate earnings during the year in question. Such cash payments shall reflect the proportionate difference between the Members' actual annual basic earnings and regular base rate earnings applied to the Members' Annual Leave pay for the year in question, but shall not be paid in any case where the total amount payable is less than one dollar ($1.00). (m) Annual Leave Conversion Subject to the approval of the Chief Constable in each instance, once each calendar year a Member may request to convert to cash 40 hours of Annual Leave and/or Statutory Leave Supplementary Annual Leave: (a) Members with 16 or more years of continuous service shall, in addition to the regular Annual Leave to which they are entitled under Section 11.1 "Annual Leave", be eligible to receive an additional 40 hours of supplementary Annual Leave each five years upon the commencement of their 16th, 21st, 26th, 31st, 36th and 41st years of continuous service cont'd (b) (c) A member will be credited with 40 hours of supplementary Annual Leave at the start of his/her 16th Calendar Year and the supplementary leave so credited may be taken at any time prior to the end of his/her 20th Calendar Year. Members will be entitled to the supplementary Annual Leave in the Calendar Year in which their applicable anniversary of service occurs, as specified above, and for purposes of this Section the 25