SOOKE FIRE FIGHTERS LOCAL 4841 OF THE INTERNATIONAL ASSOCIA TION OF FIRE FIGHTERS

Transcription

1 lsi COLLECTIVE AGREEMENT between THE DISTRICT OF SOOKE and THE SOOKE FIRE FIGHTERS LOCAL 4841 OF THE INTERNATIONAL ASSOCIA TION OF FIRE FIGHTERS

2 THIS IS AN AGREEMENT entered into in the District of Sooke, British Columbia BETWEEN: THE DISTRICT OF SOOKE (hereinafter called the District) OF THE FIRST PART AND THE SOOKE FIRE FIGHTERS' IAFF UNION LOCAL 4841 (hereinafter called the Union) OF THE SECOND PART JAFF Local 4841 & District of Sooke 1 st Collective Agreement page 2 of 58

3 Table of Contents Table of Contents 3 PREA~BL~ 6 ARTICLE 1 - DEFINITIONS 7 ARTICLE 2 - BARGAINING AGENCY Recognition Meetings 9 ARTICLE 3 - E~PLOYER'S RIGHTS Management and Direction Hiring and Discipline 10 ARTICLE 4 - UNION SECURITY Cooperation Check-Off --' Discrimination Indemnification of Members and Protection from Civil Action 12 ARTICLE 5 - ADJUST~ENT OF GRIEVANCES Grievance Steps Arbitration Time Limits Union Representation Discipline or Dismissal 14 ARTICLE 6 - GENERAL PROVISIONS 15 ARTICLE 7 - SENIORITY Seniority List Probation Loss of Seniority 16 ARTICLE 8 - VACANCIES, PRO~OTlONS AND TRANSFERS Standards for Vacancies, Promotions and Transfers Job Postings New Employees Promotions Transfers 17 ARTICLE 8 - VACANCIES, PRO~OTlONS AND TRANSFERS Transfer Out of the Bargaining Unit Trial Period 18 ARTICLE 9 - DIS~/SSAL AND LAY-OFF Lay-off and Recall 19 ARTICLE 10 - JOB SECURITY Contracting Out Role of the Volunteer, Auxiliary or Paid-Call Fire Fighters Amalgamations, Mergers and Annexations Work Coverage 20 1AFF Local 4841 & District of Sooke ]'1 Collective Agreement page 3 of 58

4 ARTICLE 11 - HOURS OF WORK Operational Employees 8-day week schedule Flexible Working Hours Stand-By Duty Officer Stand-by Duty Crew 21 ARTICLE 11 - HOURS OF WORK Overtime Shift Extension Call-Out Meetings and Courses Impact on Pension Calculations 23 ARTICLE 12 - TRAINING Increasing Skill Demands Seniority Tuition and Associated Costs Departmental Instructors/Field Trainers 24 ARTICLE 13 - STATUTORY HOLIDAYS Statutory Holiday Statutory Holiday Pay 25 ARTlCLE14-VACATlONS Annual Vacations Approved Leave impact on Annual Vacations Wages While on Vacation Leave Vacation Scheduling 27 ARTICLE 15 - SICK LEAVE, Sick Leave Definition Recovery of Sick Cost from Third Party 28 ARTlCLE16-LEAVEOFABSENCE Leave for Union Business Bereavement Leave Compassionate Leave Family Responsibility Leave Jury or Court Witness Duty Leave Maternity, Parental and Adoption Leave General Leave SEIB (Supplemental Employment Insurance Benefit) Effect of Absence on Sick Leave, Vacations and Statutory Holidays, 33 ARTICLE 17 - CLOTHING Uniform Issue Discretionary Uniform Issue Personal Protective Equipment Cleaning Allowance 35 ARTICLE 18 - EMPLOYEE BENEFITS Plan Carriers and Coverage Effective Date of Benefit Coverage Extended Health Benefit Plan Dental Plan Group Life Insurance and Accidental Death and Dismemberment Plans 37 IAFF Local 4841 & District of Sooke page 4 of 58 1 st Collective Agreement 4~

5 18.06 Long Term Disability Medicals and Early Screening Early Retirement Provision 38 ARTICLE 19 - EMPLOYEE RETIREMENT BENEFITS Municipal Superannuation Plan 39 Supplemental Pension Allowance 39 Retirement Gratuity 39 ARTICLE 20 - ON-THE-JOB-ACCIDENT COMPENSA TlON (W.C.B.) 40 ARTICLE 21 - SALARY AND WAGE BENEFITS Professional Fees Relief of a Higher Rank Volunteer Service Time Well ness 41 ARTICLE 22 - EMPLOYEE CLASSIFICATlON Classification and Specification 42 Job Descriptions 42 New Classifications 42 ARTICE 23 - NOURISHMENT 43 ARTICLE 24 - TERM OF THE AGREEMENT 44 APPENDIX "A" APPENDIX "B" 48 LETTER OF UNDERSTANDING #1 - Overtime 49 LETTER OF UNDERSTANDING #2 - Employment Insurance Rebate 50 LETTER OF UNDERSTANDING #3 - Hours of Work 51 LETTER OF UNDERSTANDING #4 - Deputy Chief 52 LETTER OF UNDERSTANDING #5 - Cleaning Allowance 53 LETTER OF UNDERSTANDING #6 - Transition from Special Agreement to Group 5 Pension _ 54 LETTER OF UNDERSTANDING #7 - Employee Benefits 55 LETTER OF UNDERSTANDING #8 - General Provisions 56 LETTER OF UNDERSTANDING #9 - Standards for Vacancies l Promotions and Transfers 57 IAFF Local 4841 & District o/sooke r t Collective Agreement page 5 0/58

6 PREAMBLE: The purpose of this Agreement is to secure for the District of Sooke, the Union and the employees of the District covered by this Agreement the full benefit of orderly and legal collective bargaining and to ensure to the fullest extent possible, the safety and physical welfare of the employees, economy of operation and protection of property. It is recognized by this Agreement to be the duty of the District and the Union and the employees to cooperate fully, individually and collectively, for the advancement of said conditions. The District and the Union agree to abide by the terms set out in this Agreement. The Union further agrees that it will at all times instruct its members to act in accordance with the terms contained in this Agreement. The District agrees, in the exercise of the functions of the management that the provisions of this Agreement will be carried out. The terms and conditions of this Agreement shall apply to all employees of the Department as specifically provided for in the certificate of bargaining authority granted to the Union, and as varied from time to time by mutual agreement through collective bargaining. The parties agree that the preamble is a general statement of the parties' intent and is without prejudice to either parties' interpretation or application of the provisions of the collective agreement. 1AFF Local 4841 & District o/sooke r t Collective Agreement page 60/58

7 ARTICLE 1 - DEFINITIONS The definitions Article is included as a convenience only, it is without prejudice to the interpretation of the balance of the collective agreement (a) "Party" shall mean either of the parties to this Agreement. (b) "Union" or "Association" shall mean the International Association of Fire Fighters Local (c) "Employer" or "District" shall mean the District of Sooke. (d) "Bargaining Unit" shall mean all the fire fighting employees of the Department who are employees within the meaning of the Labour Relations Code, as defined by the Union's Certification. (e) "Department" shall mean the Sooke Fire Rescue Service. (f) "Spouse" - includes husband, wife, common-law spouse and same-sex partner (g) "Common-Law Spouse" - includes same sex and opposite sex individuals where the employee has signed a declaration or affidavit that they have been living in a common-law relationship or have been co-habiting for at least 24 months. (h) "Duty Officer" shall mean the District employee tasked with being available by pager to respond to all Fire Rescue Service related business during off-duty hours as the officer responsible for initial set-up of command and determining the tactical priorities during an emergency incident in size-up. (i) "Duty Crew" shall mean the District employee tasked with being available by pager to respond to all Fire Rescue Service related emergencies during off-duty hours as the member responsible for providing emergency services within the District of Sooke. (j) "Calendar Year" for the purposes of this Agreement shall mean the twelve (12) month period from January 1 st to December 31 st inclusive (k) "Employee", for the purpose of this Agreement, shall include: 1. Probationary Employee - One who is a new employee filling a permanent position and is serving probation. 11. Permanent Emplovee One who has successfully completed probation and is employed in a permanent position Temporary Employee - one who is hired to augment the staff, and is employed for a specific duration or specific purpose not to exceed six (6) months unless mutually agreed between the Union and the Employer. IAFF Local 4841 & District o/sooke ]'1 Collective Agreement page 70/58

8 ARTICLE 1 - DEFINITIONS (1) "Sick Leave" shall mean the period of time an employee is absent from work with full pay by virtue of being sick, disabled or injured due to a non-occupational illness or injury or for which compensation is not payable from Worksafe BC. (m)"shift" shall mean a regularly scheduled period of work consisting of eleven (11) consecutive hours as per Article (n) "Block" shall mean a regularly scheduled period of work consisting of four (4) consecutive shifts as per Article (0) "Shift Coverage" shall mean any time a Union member is on leave, trammg, or otherwise unavailable to be on shift and requires backfilling of that position. IAFF Local 4841 & District of Sooke r t Collective Agreement page 8 of 58

9 2.01 Recognition ARTICLE 2 - BARGAINING AGENCY The District is an Employer within the meaning of the "Labour Code of British Columbia" and recognizes that the Union is the duly certified and exclusive Bargaining Authority for all employees of the District of Sooke, British Columbia, employed in the Sooke Fire/Rescue Service, as described in the certification issued by the British Columbia Labour Relations Board Meetings a) The District and the Union will meet at such times and place as may be mutually agreed upon for the purpose of discussing working conditions and adjusting any matters within the confines of this agreement. b) In the event of discussions being considered necessary by either party during the term of this agreement relating to new classifications, rates of pay, hours of work, or other working conditions not provided for in this agreement, it is agreed that either party shall meet the other party in order to carry out such discussions, as soon as possible, and in any event, not later than seven (7) days from the date of written request by one party to an officer of the other party, unless additional time is mutually agreed to by the parties. c) The Parties shall comply with the provisions of Section 54 ofthe Labour Relations Code. IAFF Local 4841 & District of Sooke 1 st Collective Agreement page 9 of 58

10 ARTICLE 3 - EMPLOYER'S RIGHTS 3.01 Management and Direction The management, operation and the direction of the working force is vested exclusively in the District, provided however, that this will not be used for the purpose of discrimination against employees and provided that it is not contrary to articles in this Agreement Hiring and Discipline The District shall have the right to select, promote, discipline or discharge its employees for proper cause, provided that employees shall retain the right to appeal under the Grievance Procedure contained within this Agreement. IAFF Local 4841 & District of Sooke ]" Collective Agreement page 10 of 58

11 4.01 Cooperation ARTICLE 4 - UNION SECURITY a) It is agreed that all employees who are at present members of the Union shall remain so as a condition of employment. It is further agreed that persons, covered by the certification of the Union, who are hereafter employed shall become members of the Union on the first (lst) day of the month coincident with or next following the date of appointment and shall remain as members of the Union as a condition of employment. This section shall apply only to those persons for which the Union is the certified bargaining authority. b) In the event the Union is intending to suspend a member for non-maintenance of membership, or for any other reason, the District shall be notified by the Union in writing at least seven (7) days before such a suspension is to take place Check-Off The District agrees to the check-off of all dues and assessments required by the Union in accordance with the Constitution and By-laws of the Union. All employees from the beginning of the first full month shall be required to assign the wages for the payment of an amount equal to the regular monthly Union dues and any assessments that may occur from time to time as approved by the Union. The Union agrees to advise the District thirty (30) days in advance of the amounts of such dues and assessments as may be determined by the Union from time to time. The District, upon receipt of such advice from the Union in writing, shall thereupon deduct from the earnings of the employees such dues, and together with a list of those employees from whom such deductions were made, shall remit such deductions to the designated Union officer, by cheque, not later than the fifteenth of the month following the month in which the deductions were made. The employer shall facilitate an electronic bank transfer of union funds collected, when it has been mutually agreed to do so Discrimination The parties to this Agreement agree to adhere to the provisions of the BC Human Rights Code and not to discriminate against any employee because of race, colour, creed, sex, national origin, age, religion, marital status, sexual orientation, membership or activity in a Union, or political affiliation or activities. 1AFF Local 4841 & District o/sooke j''' Collective Agreement page 11 0/58

12 ARTICLE 4 - UNION SECURITY 4.04 Indemnification of Members and Protection from Civil Action The Employer agrees to provide the following protection and provisions for the indemnification of members for civil litigation resulting from the legitimate performance of their duties: a) Necessary and reasonable legal costs. b) Protection from the potential adverse outcome of such litigation IAFF Local 4841 & District o/sooke 1'1 Collective Agreement page 120/58

13 ARTICLE 5 - ADJUSTMENT OF GRIEVANCES Should any difference arise between either party of this Agreement concerning its interpretation, application, operation or alleged violation thereof, there shall be no stoppage of work or change of personnel on account of such differences which shall finally and conclusively be settled under, and by the following procedures Grievance Steps First Stage Any grievance shall in the first instance be taken up with the Fire Chief, giving full particulars in writing and remedy sought, within thirty (30) calendar days of the Union being made aware of the grievance. In any case where an employee is prevented from submitting a grievance within the time limit set forth as the result of any authorized leave of absence, the said time limit shall be extended in order to provide the Union with thirty (30) calendar days exclusive of the period of absence in order to submit the grievance. Second Stage If the alleged grievance is not resolved in writing by the Fire Chief within seven (7) calendar days of receipt of the grievance, the matter shall be referred to the Chief Administrative Officer who, at the request of the Union, shall meet with the Union for the purpose of hearing evidence to resolve the grievance within seven (7) calendar days of the date of the Fire Chiefs letter. The parties may agree that a meeting is not required and their submissions reduced to writing. Third Stage If the alleged grievance is not resolved in writing by the Chief Administrative Officer within seven (7) calendar days, the matter may be referred to arbitration. The party referring the matter shall advise the other party in writing of their intention to do so naming their nominee within fourteen (14) calendar days of receipt of the Fire Chiefs letter. The other party shall respond with the name of their nominee within seven (7) days of receipt of that letter. Should the grievance not be referred to arbitration for a period of six (6) continuous months, it shall be considered abandoned Arbitration A Board of Arbitration shall consist of three (3) persons, one to be chosen by each party, the third, who shall be Chairman, to be selected by the two (2) so appointed. The representatives of the parties concerned must meet within seven (7) calendar days of appointment and are allowed a further five (5) calendar days to agree upon a Chairman. Ifthey fail to agree upon a Chairman, either party may apply to the Director of the IAFF Local 4841 & District of Sooke 1'1 Collective Agreement page 13 of 58

14 ARTICLE 5 - ADJUSTMENT OF GRIEVANCES Collective Agreement Arbitration Bureau to appoint a Chairman. The decision of the Board shall be final and binding on both parties. Notwithstanding the above, the parties may upon mutual agreement agree to a single arbitrator to hear all grievances. As an alternative the parties upon mutual agreement may refer a grievance to Expedited Arbitration in accordance with the process outlined in Section 104 of the Labour Relations Code (B. C.). The arbitrator(s) shall not alter, amend or change the terms and/or conditions of the Collective Agreement. Each party shall bear their own expenses and that of their respective appointees and pay half the expense of the arbitration chair or single arbitrator Time Limits If one party is unable to meet within the stipulated timeframe, then the other party may refer the matter to the next step. Time limits may, however be extended by mutual consent of the parties to this Agreement Union Representation An employee shall be advised of his/her right to have a Union Representative with him/her during or prior to any investigation which may lead to disciplinary action taken against that employee or any other action that will form part of the employee's disciplinary record. Further, the Union shall be given a copy of any written notification of disciplinary action that will form part of an employee's disciplinary record Discipline or Dismissal a) The employer shall not dismiss or discipline an employee bound by this agreement except for just and reasonable cause. The Union will be advised, in advance of, any meeting the Employer has with an Employee of an investigation nature or which may result in discipline b) All matters of discipline attached to an employee's personal file shall be purged after twenty -four (24) months of no incident requiring discipline taking place. c) Employees may review and copy documents in their personal files providing they have made a request in advance to do so directly with the Fire Chief Employees may authorize the Union to have access to their personal files on their behalf providing such authorization is made in writing. IAFF Local 4841 & District of Sooke 1'1 Collective Agreement page 14 of 58

15 ARTICLE 6 - GENERAL PROVISIONS It is agreed that any general conditions presently in force, but which are not specifically mentioned in this Agreement, shall continue in full force and effect for the duration of the agreement JAFF Local 4841 & District 0/ Sooke lsi Collective Agreement page 15 0/58

16 ARTICLE 7 - SENIORITY 7.01 Seniority List Seniority is defined as the length of full time service in the Sooke Fire Rescue Service. A lottery held in the presence of the Fire Chief and a designated Union Officer shall be the tie-breaker of employees commencing employment on the same day. Seniority shall be considered in determining preference for promotions, transfers, demotions, layoff, recall and appointments as set out in other provisions of this Agreement. The District shall maintain a seniority list (attached as Schedule "B") showing the employment date and names of all persons employed within the scope of the bargaining unit. The District shall keep the seniority lists current and provide copies for the Union and for posting Probation It is agreed that any employees hired by the District shall be subject to a six (6) month probationary period from the date of hiring. The probationary period may be extended for up to an additional six (6) months upon mutual agreement between the District and the Union. A probationary employee may be discharged ifhe/she is deemed unsuitable for the position prior to the completion of the six (6) month period Loss of Seniority An employee shall only lose seniority in the event: a) An Employee is discharged for just cause and is not reinstated; b) An Employee resigns; c) An Employee is absent from work without sufficient cause or without notifying the employer unless such notice was not reasonably possible; d) The Employee fails to return to work within ten (10) working days following a lay-off and after being notified by registered mail to do so, unless due to sickness or other just cause. The ten (10) working days commences on the date the employer registers the notification of recall. It shall be the responsibility ofthe employee to keep the employer informed of the employee's current address; e) The Employee is laid off for a period longer than twenty-four (24) months; f) Upon Retirement. IAFF Local 4841 & District of Sooke 1 st Collective Agreement page 16 of 58

17 ARTICLE 8 - VACANCIES, PROMOTIONS AND TRANSFERS 8.01 Standards for Vacancies, Promotions and Transfers In the application of the provisions of Article 8, the Employer shall make its decision by considering the relevant qualifications, skill and ability, of the candidates. Where these are found to be relatively equal, seniority shall determine the successful candidate Job Postings Prior to filling a job vacancy or filling any newly created positions, all such vacancies or newly created positions, temporary or permanent, shall be posted on all bulletin boards for seven (7) calendar days. Such postings shall provide all information relevant to the working conditions and wages for the position being posted for. Temporary and/or permanent po stings shall normally be filled from within the permanent employees. Appointments from within the bargaining unit shall normally be made within twenty-one (21) calendar days of the posting being made known. Employees shall retain the right to appeal under the grievance procedure contained in this Agreement New Employees If an employee is successful during probation and continues on a permanent basis, seniority, holiday benefits, and other perquisites referable to length of service shall date back to the original first day of employment where third party benefit provisions allow Promotions The parties agree it is desirable to promote from within. Vacancies covered by this Agreement whether for an existing or newly created position shall normally be filled from the existing membership of the Union at the time the posting closes. A fair and adequate opportunity shall be given to all members of the Union to qualify for promotion. All qualified applicants shall submit to the Fire Chief their application in writing for a competition in a promotion Transfers Notwithstanding Article 8.01 in the event of a job opening which the employer wishes to fill by lateral transfer, the opening shall be posted and such transfer shall be made in accordance with the following provisions: a) In the event there are two (2) or more employees whose relevant qualifications are relatively equal, seniority shall prevail. laff Local 4841 & District of Sooke 1 st Collective Agreement page 17 of 58

18 ARTICLE 8 - VACANCIES, PROMOTIONS AND TRANSFERS b) An employee who has been awarded a transfer must remain in the position for at least six (6) calendar months from the date of appointment before applying for any other posted position. This shall not apply in the case of an employee returning to their original position pursuant to Article Transfer Out of the Bargaining Unit No employee shall be transferred to an out of the bargaining unit position without the employee's consent. If an employee voluntarily transfers to such a position, the employee shall retain his/her seniority acquired at the date of leaving the unit, for six (6) months, but will not accumulate any further seniority. Should an employee return to the bargaining unit within a six (6) month period he/she shall be permitted to return to hislher former classification without any loss of seniority and the period of time up to six (6) months shall be credited to their seniority Trial Period Employees appointed, promoted or transferred shall serve a six (6) month trial period from the date of employment, promotion or transfer. Time spent in a temporary or acting capacity of the position in question shall accumulate and contribute towards the trial period required in that position. If during the six (6) month trial period, the employee proves unsatisfactory in the position, is unable to perform the duties of the new classification, or if the employee wishes to return to the previous classification, the employee shall relinquish the new position but shall have the privilege of reverting to the employee's former classification and rate of pay, without loss of seniority. It is understood a move to return to a former position may result in the bumping of another member. IAFF Local 4841 & District of Sooke lsi Collective Agreement page 18 of 58

19 9.01 Lay-off and Recall ARTICLE 9 - DISMISSAL AND LAY-OFF The Employer has the responsibility to determine, in consultation with the Union, which positions are to be declared redundant. In the event of a reduction in staff of permanent employees, the Sooke Fire/Rescue Service junior employee shall be laid off. The employer shall give an employee who is to be laid off, at least thirty (30) calendar days' notice of lay-off, or pay in lieu of notice. A laid-off employee shall have recall-to-employment rights for twenty-four (24) months, and during this period shall be recalled in the case of a vacancy for which they are qualified: a) To their classification from which laid-off; b) Similar classification or a similar new position, if one becomes available; c) Have first rights of refusal should any position covered by the certification of the union become available with the District. Seniority shall govern in the event of a recall of permanent employees. IAFF Local 4841 & District of Sooke 1' t Collective Agreement page 19 of 58

20 10.01 Contracting Out ARTICLE 10 - JOB SECURITY The employer shall not layoff any permanent employee covered by this Agreement as a direct result of the Employer contracting out any of its present work or services, provided that this is not to be construed that the provisions of the Volunteer Fire Service presently enjoyed by the District, is contracting out of work or service. Volunteer, auxiliary or paid-call fire fighters shall not be scheduled to regular hours of work, and shall only be utilized in an emergency volunteer, auxiliary or paid-call, response to emergency incidents Role of the Volunteer, Auxiliary or Paid-Call Fire Fighters Volunteer, auxiliary or paid-call members of Sooke Fire/Rescue Services shall not be scheduled to perform the regular duties of the employees provided for by the certification of the Union except where provided for herein, unless otherwise agreed to by the Union. Volunteer, auxiliary or paid-call firefighters that are qualified apparatus drivers may fill the shifts of such employees who are off on sick leave, vacation, training courses, providing other employees have been given the first opportunity to do so. Volunteer, auxiliary or paid-call firefighters providing such shift coverage, will be paid at a minimum of the rate of the first six (6) months probationary rate as set out in Appendix "A". It is understood that the volunteer, auxiliary and/or paid-call firefighters respond and work in support of the full-time permanent employees Amalgamations, Mergers and Annexations The District shall provide notice as soon as reasonably possible and meaningful consultation regarding the protection and preservation of work opportunity, seniority, wages and working conditions and benefits, of the members ofiaff Local 4841 in the event of a merger, amalgamation, regionalization and/or annexation of the District of Sooke Fire/Rescue Service taking place, as reflected within this Agreement. The District will give reasonable consideration to alternatives provided by the Union Work Coverage Except in cases of emergency, no employee covered by this Agreement shall be required to perform any work or duty not contained in their job descriptions associated with: a) Traditional Fire/Rescue work, b) Fire prevention work, c) Emergency preparedness. IAFF Local 4841 & District of Sooke ]'1 Collective Agreement page 20 of 58

21 ARTICLE 11 - HOURS OF WORK The hours of work for Fire Rescue Service employees shall be as follows: Operational Employees 8-day week schedule All operational employees shall normally be scheduled in an 8-day week cycle and shall work an average of forty (42) hours per calendar week, consisting of eleven (11) consecutive hours per day in four (4) consecutive days, followed by four (4) consecutive days off, balanced to a calendar week over a single 56-day cycle. As operational requirements change, the parties may agree to other schedules to accommodate community growth and additional staff. All meals and rest breaks shall be without loss of pay Flexible Working Hours In order to accommodate bona fide operational issues, the specific starting times of shifts may be flexible by mutual consent. Regular scheduled hours may be flexible upon mutual agreement between the parties and where possible thirty (30) days' notice. Notwithstanding the provisions contained above, operational employees shall be encouraged to flex their work week to attend each Thursday evening between 18:30 hours and 21 :30 hours and operational meetings as scheduled by the Fire Chief Stand-By Duty Officer Employees agreeing to participate in the Duty Officer rotation, to take on the responsibilities of the Duty Officer shall be paid an additional amount equal to fifteen percent (15%) of a Captains day rate as per Appendix A, for each hour of such scheduled stand-by. The Duty Officer shift shall be from 18:00 hours to 06:00 hours. The Duty Officer shall be provided with a Department vehicle after regular operational hours. They will answer dispatch and respond to all Fire/Rescue Service related business, responding in a command capacity and be responsible for all resulting reports unless otherwise assumed by a senior ranking career officer. Duty Officers shall complete a vehicle and equipment check on their assigned vehicle at the conclusion of the 4-day shift rotation Stand-by Duty Crew Employees agreeing to participate in the Duty Crew rotation, to take on the responsibilities of the Duty Crew shall be paid an additional amount equal to thirteen percent (13%) of a 1 st Class Fire Fighter rate, for each hour of such scheduled stand-by. JAFF Local 4841 & District of Sooke ]" Collective Agreement page 21 of 58

22 ARTICLE 11 - HOURS OF WORK The Duty Crew shift shall be from 22:00 hours to 05 :00 hours. The Duty Crew shall be provided with a Department vehicle after regular operational hours. They will respond to all FirelRescue Service related emergencies, and are responsible for providing emergency services. The Duty Crew shall complete a vehicle and equipment check on their assigned vehicle at the conclusion of the 4-day shift rotation Overtime All work performed outside of regular working hours shall be considered overtime and shall be paid at the rate of one and one-half times (1 ~ x's) for the first two hours and two times (2 x's) employee's regular rate of pay for all hours worked thereafter. Overtime shall be calculated in 15 minute intervals rounded up to the next nearest interval. Regardless of time worked, an employee called in to work shall be compensated for a minimum of three (3) hours. It shall be deemed a separate call-in occurrence, once an employee has been relieved of duty and requested to work again, except where the additional call-in occurs within the three (3) hours of the original call Shift Extension Overtime immediately following and concurrent with the end of a regularly scheduled shift shall be known as shift extension and shall be paid at the rate in accordance with Article above for all time worked beyond the regular or designated duty shift. Shift extension time shall be calculated in fifteen (15) minute intervals, and for each portion of fifteen (15) minute interval worked and rounded up to the next nearest interval. Regardless of time worked in excess of fifteen minutes, an employee shall be compensated for a minimum of one (1) hour. No overtime shall be paid if an employee is relieved of duty within the first fifteen (15) minute interval Call-Out When an employee is requested to respond, by the Chief or his designate, as a result of an incident, while off-duty it shall be known as call-out. Call-out shall be paid at the rate of two times (2 x' s) or double the regular rate of pay for a minimum of three (3) hours and in fifteen (15) minute intervals thereafter for each portion of each additional fifteen (15) minute interval worked rounded up to the next nearest interval Meetings and Courses Employees who are requested to attend Department meetings, Department required courses, and conventions or matters on behalf of the Department on regular days off will IAFF Local 4841 & District ofsooke 1 st Collective Agreement page 22 of 58

23 ARTICLE 11 - HOURS OF WORK be provided the equivalent of straight time offby means of Days in Lieu. Such time may be accumulated and taken at a time mutually agreed to by the individual and the Chief Impact on Pension Calculations Stand-by and acting in a higher classification or rank pay shall be included for pension calculations and reported to the pension corporation as pensionable income on behalf of employees by the employer. 1AFF Local 4841 & Districto/Sooke 1 st Collective Agreement page 230/58

24 12.01 Increasing Skill Demands ARTICLE 12 - TRAINING The parties to this agreement agree that the opportunity to participate in training shall increase according to demands for additional qualification requirements of each position and to the length of service of the individual employee Seniority It is recognized that when an opportunity to take training is available, the member whom that responsibility falls under shall be eligible for the training, as outlined in the Department's Operational Guidelines. If two (2) or more employees are eligible to take training, the employee with the most seniority will be awarded the option to take the course first, if arrangements cannot be made to have both members attend Tuition and Associated Costs An employee shall be granted leave without loss of regular pay, benefits or seniority when participating in training courses and/or programs at the request of the Employer. The Employer shall bear the full cost of the course, including tuition fees, entrance and registration fees, laboratory fees and course required books, necessary traveling, meals and subsistence expenses and other legitimate expenses where applicable Departmental Instructors/Field Trainers An employee who is designated by the Fire Chief to provide specific instruction outside their regular and normally expected daily duties to other firefighters shall be compensated at the rate of twelve percent (12%) over and above the member's hourly rate of pay for each hour or part hour of time spent in the formal presentation of the specific knowledge and testing of firefighters. 1AFF Local 4841 & District of Sooke ]" Collective Agreement page 24 of 58

25 13.01 Statutory Holiday ARTICLE 13 - STATUTORY HOLIDAYS All employees covered by this Agreement are entitled to the following Statutory Holidays as a day off with pay: New Year's Day Family Day Good Friday Easter Monday Victoria Day Canada Day British Columbia Day Labour Day Thanksgiving Day Remembrance Day Christmas Day Boxing Day And any or all days that may be declared a Statutory Holiday by Federal, Provincial or District of Sooke Governments. When one of these Statutory Holidays falls on an employee's normal scheduled day off, the employee shall receive a day off with pay in lieu of such holiday. In addition, should the District provide other employees within the District time off without loss of pay for Christmas Eve, same shall apply to employees of the Fire Rescue Services subject to operational requirements Statutory Holiday Pay Further to section above, any employee covered by this agreement required to work on any of the Statutory Holidays shall be paid at time and one-half (1 Y2) their regular rate of pay for each of the hours of the Statutory Holiday day that the employee is on duty. If an Employee is required to work on a Statutory Holiday he/she shall be provided an alternative day to book off duty in addition to the pay received for working that Holiday. No employee shall receive Statutory Holiday pay for a Statutory Holiday unless the employee has been employed for a period of fifteen (15) calendar days in the thirty (30) calendar day period immediately preceding the Holiday. IAFF Local 4841 & District of Sooke 1 st Collective Agreement page 25 of 58

26 14.01 Annual Vacations ARTICLE 14 - VACATIONS Paid annual vacations for all employees covered by this Agreement shall be granted as follows: (a) For the purpose of this Article, calendar year shall be the period January 1 S \ to December 31 S\ inclusive. The intent of the parties is that vacation time is to be taken as time off. (b) Employees during the first (1 st) part calendar year of service shall be provided six percent (6%) vacation pay in lieu of being provided vacation time off. Subject to operational requirements the Fire Chief may permit such employees an equivalent value in time off. (c) During the second (2nd) year and each subsequent year up to the completion of four (4) years, employees shall be granted one hundred thirty-two (132) hours of vacation time-off or the equivalent of six percent (6%) of the employee's regular rate of pay, whichever is greater. (d) During the fifth (5 th ) year and each subsequent year up to the completion of eight (8) years, employees shall be granted one hundred fifty-four (154) hours of vacation time-off or the equivalent of seven percent (7%) of the employee's regular rate of pay, whichever is greater. (e) During the ninth (9 th ) year and each subsequent year up to the completion of sixteen (16) years, employees shall be granted one hundred ninety-eight (198) hours of vacation time-off or the equivalent of nine percent (9%) of the employee's regular rate of pay, whichever is greater. (f) During the seventeenth (1 ih) year and each subsequent year up to the completion of twenty-four (24) years, employees shall be granted two hundred forty-two (242) hours of vacation time-off or the equivalent of eleven percent (11 %) of the employee's regular rate of pay, whichever is greater. (g) During the twenty-fifth (25 th ) year and each subsequent year, employees shall be granted two hundred sixty-four (264) hours of vacation time off or the equivalent of twelve percent (12%) at the employee's regular rate of pay, whichever is greater. (h) An employee who has not used all of their vacation time in a given calendar year may carry over up to forty-four (44) hours of their entitlement. Any other vacations time an employee has elected not to use shall be paid out as soon as possible after the end of the calendar year. JAFF Local 4841 & District of Sooke 1 st Collective Agreement page 26 of 58

27 ARTICLE 14 - VACATIONS Approved Leave impact on Annual Vacations When an employee qualifies for sick leave, bereavement, or any other approved leave while an employee is off on vacation time, there shall be no deduction from vacation credits for such absence. The vacation shifts so displaced shall either be added to the approved leave concurrently or reinstated for use at a later date, at a mutually agreed upon time between the employer and the employee. Notwithstanding the above paragraph, the employer may require a doctor's note or an affidavit to be sworn to by the employee, claiming sick leave credits while on annual vacation Wages While on Vacation Leave For the purpose of this Article, employees shall be paid their normal regularly scheduled earnings for the period(s) oftime on annual vacation Vacation Scheduling Vacation schedules shall be posted by February 1 sl of each year on the bulletin board, and employees shall mark in their requested weeks, based on seniority. The final decision as to vacation allotments shall rest with the employer, but no request shall unreasonably be denied. The Fire Chief shall have the authority to cancel scheduled vacations for bona fide operational requirements, however any expenses incurred by an employee as a result shall be reimbursed by the employer upon proof of expense. a) Not more than one (1) employee per shift shall be granted annual vacation at any one time, unless otherwise approved by the Fire Chief. b) All employees shall be allowed leave for annual vacations up to a maximum of two (2) blocks between June 1 sl and September I SI, on a rotation basis, unless otherwise approved by the Fire Chief. c) The Fire Chief may grant additional time leave throughout the remainder of the year to any employee upon written request, if such time is unallocated. IAFF Local 4841 & District o/sooke 1 st Collective Agreement page 270/58

28 15.01 Sick Leave Definition ARTICLE 15 - SICK LEAVE For purposes of this Article, sick leave is defined as those periods when an employee takes leave with pay because the employee is ill or disabled for reasons not covered by Worksafe Be and as a result unable to attend work. Employees shall earn paid sick leave credits as follows: a) During the first twelve (12) months of service: one and one-half (1 Yz) working days for each completed month of service. b) After the completion of one (1) year of service; eighteen (18) working days per year c) The annual sick-leave credits as set out in (b) above shall be advanced to employees on January 1 st, of each year of service. However, should the employment of such employee terminate for any reason before the yearly sickleave credit advanced on this basis has been earned in that year, an adjustment shall be made to the employee's final cheque to repay such advance d) Unused sick-leave credit shall accrue and be available to employees, at the rate of one hundred percent (100%). The maximum accrual allowable to an employee shall be one hundred twenty (120) working days. e) Time off for an employee to attend a dentist, doctor or other medical appointment shall be deducted from the employee's sick leave credit f) The District of Sooke may request a Doctor's note Recovery of Sick Cost from Third Party An employee who has received sick leave benefits for injuries caused by a third party, shall be obliged to reimburse the Employer to the extent the employee succeeded in recovering such benefits against a third party. The Employer shall reimburse the individual Sick Leave Bank the amount of money paid out of the plan on the employee's behalf in proportion to the total amount of money recovered and adjust the total sick leave day/shift accumulation accordingly. 1AFF Local 4841 & District o/sooke ]" Collective Agreement page 28 0/58

29 16.01 Leave for Union Business ARTICLE 16 - LEAVE OF ABSENCE a) All applications for leave of absence whether with or without pay shall be granted only to an official Union representative whose absence in any specific case does not interfere with the operations of the Employer. However, such requests shall not be unreasonably denied. b) Upon application to, and upon receiving the permission of the Fire Chief, or designate in each specific case, one (1) official representative, at one time, of the Union may be granted time off without loss of pay for meeting with the Employer for the purpose of settling a grievance as outlined elsewhere in this Agreement. c) Upon application to, and upon receiving the permission of the Fire Chief, or designate in each specific case, one (1) official representative, at one time, of the Union may be granted time off without loss of pay for meeting with the Employer for the purpose of bargaining with the Employer Bereavement Leave Employees who have completed their probationary period shall be granted up to three (3) regularly scheduled working days leave with pay, in the case of the death of a parent, spouse, brother, sister, child, grandparents, mother-in-law, father-in-law, brother and sister-in-law, grandparents-in-law and grandchildren. In the event the employee travels off of Vancouver Island, or North or West of Nanaimo to attend the funeral, additional leave up to a maximum of two (2) regularly scheduled working days will be granted, at the employer's discretion, providing this discretion is not unreasonably applied Compassionate Leave Notwithstanding any other leave or vacation due an employee, on satisfactory evidence, an employee may be granted compassionate leave with pay up to a period of three (3) days per calendar year Family Responsibility Leave Employees who have completed their probationary period will be allowed to use a maximum of five (5) sick leave days from their sick leave entitlements to meet the responsibilities associated with the care, health or education of any child in the employee's care or in the care of any member of the employee's immediate family. laff Local 4841 & District of Sooke ]"1 Collective Agreement page 29 of 58

30 ARTICLE 16 - LEAVE OF ABSENCE Jury or Court Witness Duty Leave a) Employees subpoenaed to serve as a member of a jury, shall receive their regular pay for absence on regular scheduled day(s) of work, provided that the employee pays to the District all remuneration received for time so spent perfonning jury duty on those regularly scheduled working days, excluding expenses for traveling and meals, which shall remain with the employee. b) Employees subpoenaed to attend court as a witness as a result of performing their duties with the Sooke FirelRescue Service, shall receive their regular pay for absence on regular scheduled day(s) of work, provided that any remuneration received for performing such witness duties is turned back to the District. Should such court duty be scheduled otherwise employees shall be compensated in accordance with Article Overtime Maternity, Parental and Adoption Leave (A) Length of Leave a) Birth Mother: A pregnant employee shall be entitled to up to seventeen (17) consecutive weeks of maternity leave and up to thirty-five (35) consecutive weeks of parental leave, all without pay. The parental leave must immediately follow the maternity leave. In the event the birth mother dies or is totally disabled, an employee who is the father of the child shall be entitled to both the maternity and parental leave without pay. b) Birth Father: An employee who is the birth father shall be entitled to up to thirty-seven (37) consecutive weeks of parental leave without pay. The employee shall take the leave within fifty-two (52) weeks of the child's birth c) Adoptive Parent: An employee who is the adoptive father or the adoptive mother shall be entitled to up to seventeen (17) consecutive weeks of adoption leave without pay. In addition, an employee who is the adoptive father or the adoptive mother shall be entitled to up to thirty-seven (37) weeks of unpaid parental leave. An IAFF Local 4841 & District o/sooke 1'1 Collective Agreement page 30 0/58

31 ARTICLE 16 - LEAVE OF ABSENCE employee shall take the parental leave within fifty-two (52) weeks of the date the child comes within the care and custody of the employee. d) Extensions - Special Circumstances: An employee shall be entitled to extend maternity leave without pay where a physician certifies the employee as unable to return to work for medical reasons related to the birth or because the child suffers medical complications An employee shall be entitled to extend the adoption leave by up to an additional five (5) consecutive weeks' leave without pay where the child, before coming into the employee's care and custody, is certified as suffering from a physical, psychological or emotional condition. e) Maximum Allowable Leave: Notwithstanding extensions, it is understood that the maximum allowance for leave or a combination of leave entitlements under this provision shall be fiftytwo (52) continuous weeks. (B) Notice Requirements and Commencement of Leave a) An employee who requests adoption or parental leave for adoption or caring of a child shall be required to provide proof of adoption or birth of the child. b) An employee shall provide written notice, at least twelve (12) weeks in advance, of the intended commencement date of the maternity and/or parental leave. In the case of adoption of a child, the employee shall provide as much notice as possible. c) An employee on maternity leave, adoption leave or parental leave shall provide four (4) weeks' notice prior to the date the employee intends to return to work. d) An employee who wishes to return to work within six (6) weeks following the actual date of the birth may be required to provide a certificate from a medical practitioner stating the employee is able to return to work. e) Where a pregnant employee gives birth before requesting maternity leave or before commencing maternity leave, the maternity leave will be deemed to have started on the date of the birth. IAFF Local 4841 & District of Sooke 1'1 Collective Agreement page 31 of 58

32 ARTICLE 16 - LEAVE OF ABSENCE (C) Return to Work On resuming employment an employee shall be reinstated to their previous position or a comparable position if their previous position has been eliminated. Maternity, adoption and parental leave shall be counted as service for the purposes of seniority, benefits and calculating vacation entitlement. (D) Sick Leave During Leave a) An employee who suffers any illness or disability prior to commencing maternity leave shall be entitled to sick leave benefits. b) An employee while on maternity leave, adoption leave or parental leave shall not be entitled to sick leave benefits during the period of leave. c) Notwithstanding (b) above, an employee on maternity leave, adoption leave or parental leave who has notified the District of their intention to return to work and who subsequently suffers any illness or disability which prevents them from returning to work as scheduled, whether or not such illness or disability is related to the pregnancy, shall be entitled to sick leave benefits commencing on the first day on which the employee would otherwise have returned to work. (E) Benefits During Leave General Leave a) MSP, Dental, Extended Health, Long Term Disability, Accidental Death and Disability, and Group Life Insurance benefits shall continue uninterrupted during the period of time the employee is on maternity, adoption and/or parental leave and the employee shall make arrangements prior to commencing the leave to pay their share of the benefit premiums. b) Pension contributions will cease during the period of the leave unless the employee makes arrangements prior to commencing the leave to pay the contributions pursuant to the provisions of the Municipal Pension Plan rules and regulations. The employer may grant leave of absence without pay and without loss of seniority to any employee requesting such leave of absence for good and sufficient cause, such request to be in writing and approved by the employer. Such leave shall not be unreasonably denied. Bona fide operational concerns, additional costs and scheduling issues are justifiable reasons for denying or delaying such requests. JAFF Local 4841 & District of Sooke 1 st Collective Agreement page 32 of 58