COLLECTIVE AGREEMENT

Transcription

1 COLLECTIVE AGREEMENT January 1 st, 2014 to December 31 st, 2018 The Corporation of the City of Pembroke and The Pembroke Professional Fire Fighters Association

2 Table of Contents Article Page Accident, Sickness & Sick Leave Arbitration Classification & Salaries Contracting Out Department Rules Discipline & Devotion to Duty Emergency Response Vehicle Employees Covered Grievance Procedure Hospital, Medical Services and Group Insurance Hours of Work Indemnification Lay-Off and Recall Leave of Absence Pagers Pensions Place of Residence Promotions and Seniority Recognition Technological Changes Term of Agreement Training Compensation Uniforms, Equipment & Private Telephone Vacations Workplace Safety and Insurance Board Schedule A Salary Rates and Recognition Pay Rate Schedule B Uniform Letter of Understanding (EARS) Letter of Understanding (Probationer) Letter of Understanding (Staffing)

3 This Agreement made this th day of, 2015 BETWEEN: THE CORPORATION OF THE CITY OF PEMBROKE hereinafter referred to as the Corporation OF THE FIRST PART, AND: THE PEMBROKE PROFESSIONAL FIRE FIGHTERS ASSOCIATION hereinafter referred to as the Association OF THE SECOND PART. WHEREAS the parties hereto have agreed to enter into these presents for the purpose of more effectively defining duties, privileges, working conditions and remunerations respecting the employment of the members of the Association; Whenever the singular or masculine is used in this Agreement, it shall be considered as if the plural or feminine has been used where the context of the party or parties there to so require. NOW THEREFORE THIS AGREEMENT WITNESSETH: Article 1 EMPLOYEES COVERED 1.01 The provisions of this Agreement shall apply to all permanent employees of the Pembroke Fire Department, except the Fire Chief and Deputy Fire Chief Each new fire fighter shall be deemed to be a Probationary Fire Fighter and shall be on probation for the first twelve (12) consecutive months of his employment and the provisions of this Agreement shall apply to Probationary Fire Fighters on probation, if and where specifically provided for herein Nothing contained herein shall prevent the City from hiring a maximum of four (4) swing persons who will work a flexible shift schedule up to and including the rank of First Class Fire Fighter so long as there are a minimum of sixteen (16) fire fighters on staff. Should the number of fire fighters on staff be reduced to below sixteen (16) then the maximum number of swing persons will be reduced to three (3) swing persons, and the most senior swing person will be assigned to a permanent platoon of the Fire Chief s choosing. It is understood that in the event of expansion of the fire fighting force due to municipal amalgamations, no maximum will apply. Present full time fire fighters are exempt. The vacation and work schedule will be determined by the Fire Chief after the vacation and work schedules are determined for the regular fire fighters.

4 Page 2 When an opening becomes available on a regular platoon the Fire Chief will assign the swing person with the most seniority to a platoon of the Fire Chief s choosing on a permanent basis within fifteen (15) days from the first shift worked of the newly hired fire fighter. A swing person would work flexible hours consisting of the average of 2,184 hours of work in a yearly cycle. Article 2 RECOGNITION 2.01 The employer recognizes the Association s Committee, duly elected, as the exclusive bargaining agent for all permanent fire fighters of the Pembroke Fire Department, with the exception of the Fire Chief and Deputy Fire Chief, and this Agreement shall be regarded as being applicable to all such fire fighters All fire fighters of the Pembroke Fire Department who are now members of the Pembroke Professional Fire Fighters Association shall remain members of the said Association in good standing as a condition of continued employment and all new fire fighters of the said Fire Department shall become members of the Pembroke Professional Fire Fighters Association within thirty (30) days from completion of their probationary period and shall continue their membership in good standing in the said Association as a condition of continued employment For the purpose of the Article, probationary fire fighters shall become associate members of the Pembroke Professional Fire Fighters Association during the period of their probationary employment and until such time as they become members of the Association as stated in Clause 2.02 of this Agreement. Article 3 HOURS OF WORK 3.01 The fire fighters shall be required to work a forty-two (42) hour week (on the average) based on the two (2) platoon system. Consisting of a ten (10) hour day and a fourteen (14) hour night on a rotating basis. The ten (10) hour day shift will begin at 08:00 hours and will finish at 18:00 hours. The night shift will begin at 18:00 hours and will end at 08:00 hours. Any fire fighter reporting late for the commencement of his shift will be penalized on the basis of the following loss of pay schedule: Ten (10) minutes following the start of shift - one-half (1/2) hour loss of pay Twenty (20) minutes following start of shift - one (1) hour loss of pay Thirty (30) minutes following start of shift - one and one-half (1 ½) hours loss of pay

5 Page 3 Forty (40) minutes following start of shift - two (2) hours loss of pay If any fire fighter arranged for coverage of late reporting with a fire fighter on duty the above penalty will not be enforced Nothing contained herein shall prevent the Fire Chief or Deputy Fire Chief, or in their absence, the Officer in Charge, with the approval of the Fire Chief or the Deputy Fire Chief, from granting the request of the fire fighters to change shifts or part shifts of days off, such approval to be not unreasonably withheld. Any approved change will not result in additional financial costs to the City When the Officer in Charge is specifically notified by the Fire Chief that he is on call, he shall receive an additional five dollars ($5.00) per hour for the time he is on call. Where possible, the Fire Chief will give at least twenty-four (24) hours advance notice. Article 4 VACATION AND STATUTORY HOLIDAYS 4.01 All fire fighters serving on the Pembroke Fire Department shall be granted annual vacations per calendar year with full salary based on the following schedule: Fourth Class - nine (9) days Third Class - ten (10) days Second Class - eleven (11) days First Class - three (3) weeks Ten (10) years - four (4) weeks Seventeen (17) years - five (5) weeks Twenty-five (25) years - six (6) weeks Vacation allotment is granted in the year that the service time will be achieved New Fire Fighters starting after January 1 st 2008 shall be entitled to one (1) day s holiday for each month in which they served, during the calendar year hired, to a maximum of eight (8) days with said holidays to be taken during the current year. 4:03 Vacations shall be arranged on a system as agreed upon by the Fire Chief and the President of the Association. The employer may, for vacation purposes, black out the Thursday night shift immediately prior to the Labour Day Weekend as well as the Friday and Saturday night shifts of the Labour Day Weekend ending with the Sunday night shift of the Labour Day Weekend. The Employer may also black out the Friday, Saturday and Sunday Day shifts. There will be no scheduled leave during this period. At the discretion of the Fire Chief, Deputy Chief or Designate, exceptions may be made in extreme circumstances. Vacation bids are on a Platoon basis.

6 Page 4 4:04 In lieu of statutory and declared holidays, each fire fighter shall be granted an additional thirteen (13) working days off duty during each year at such time as may be agreed upon by the Fire Chief and the Association. New fire fighters starting after January 1 st each year shall be entitled to one (1) day off in place of a lieu day for each month in which they served with said days to be used during the current calendar year. For the purposes of this agreement, statutory and declared holidays shall be as follows: New Year s Day Good Friday Easter Monday Victoria Day Canada Day Civic Holiday Labour Day Thanksgiving Day Remembrance Day Christmas Day Boxing Day Family Day One-half day preceding the Christmas Day and New Year s Day holidays Any fire fighter working on shift on a statutory holiday will receive time and onehalf for the time worked. The day shift will receive full time and one-half compensation. The night shift starting at 18:00 hours on the date of the statutory holiday will receive time and one-half compensation for the full fourteen hour shift Any fire fighter, inclusive of swing firefighters are considered free from scheduled duty for the full calendar week whenever the full tour of duty for the calendar week has been chosen for holidays or lieu days by said firefighter. 4:06 Any fire fighter who is called in to work an overtime shift, or the equivalent hours of a shift, while on holidays or on a lieu day shall, in addition to the compensation paid, be allowed to reschedule that holiday or lieu day at a later date available on the holiday schedule. For the purpose of this article lieu days are the actual dates chosen to be free from duty and not the entire calendar week that they are chosen within. This article does not apply during the annual Fiddle Week. The Fiddle Week Work Schedule will be posted at least fourteen (14) calendar days prior to Fiddle Week. 4:07 The Fire Chief will provide a yearly work schedule for the Swing Person(s) by March 1 st of the selection year. Article 5 ACCIDENT, SICKNESS AND SICK LEAVE 5.01 All fire fighters will be credited with one and one-half (1½) days of sick leave credit for each calendar month worked. When a fire fighter is absent from his employment because of a non-occupational accident or sickness for a period in excess of two (2) working days in a calendar month, the sick leave credit shall be as follows:

7 Page 5 Working Days Absent Monthly Sick Leave Credits 0 2 days 1 ½ days 2 ½ - 10 days 1 day 10 ½ - 14 days ½ day Over 14 days New fire Fighters, for the purpose of establishing a sick leave bank, will be credited with 18 days of sick leave upon hire, and will not begin further accumulation of sick days until the first year of employment is completed. New Fire Fighters will not be able to utilize more than the 18 days of sick leave in the first year of employment. In the event of termination of employment, the sick leave days will be prorated to the amount actually earned, in accordance with Article Any days utilized over and above those earned will be recovered 5.03 Any fire fighter absent due to accident or illness must notify the Fire Chief, the Deputy Fire Chief, the Duty Captain or Acting Captain. Notice must be given prior to the fire fighters starting time but, in any event, it should be given within one (1) hour before the starting time of the day shift and two (2) hours before the starting time of the night shift. Any fire fighter off work due to accident or sickness for a period of three (3) consecutive scheduled working days or more shall supply a medical certificate. Any fire fighter who is absent for more than four (4) weeks due to accident or sickness must furnish, immediately following such period of absence, a certificate from his physician. This medical certification must be legible and clearly state the address, telephone number and name of the attending physician. It must indicate functional limitations, and the expected duration of functional limitations (prognosis). Medical certification shall be supplied every 4 weeks thereafter as a minimum Any fire fighter who is absent from duty because of accident or sickness who provides satisfactory evidence of disability shall be granted leave of absence for each single accident or sickness for the duration of his paid sick leave entitlement, or for thirty-six (36) weeks, whichever is the lesser, and shall be paid his standard daily wages for each day of absence to the extent of his accumulated sick leave credits of his annual rate under the article covering classifications and salaries, whichever is the lesser, and his accumulated sick leave credits shall be reduced by the number of days or part days of which he is so paid. The Employer shall have the right to investigate a fire fighter s absence reported on account of a non-occupational accident or sickness after a period of thirty-six (36) weeks, or in the case of a fire fighter with less than thirty-six (36) weeks sick leave credits, the investigation would take place when the fire fighter s accumulated credits have run out. Consideration will be given in the event that he will be able to return to work, such investigation to be undertaken by a medical examiner appointed by the Corporation. In the event that such medical examination discloses that a fire fighter is physically unfit to perform his assigned

8 Page 6 department duties, and that the fire fighter will never reasonably be expected to be able to perform his assigned department duties again, the Corporation may retire him and shall pay him for the balance of his accumulated sick leave credits. Should the examination verify that recovery and resumption of normal duties may occur within two (2) years, sick leave benefits will continue until such time as the fire fighter s accumulated sick leave credits are exhausted. When sick leave credits are exhausted, the Corporation will continue employment of the fire fighter without pay or seniority accumulation, until return to work or until the end of the two (2) year period, whichever comes first. A fire fighter disagreeing with the decision of the Corporation s medical examiner may, at his option, appeal to a Board of Medical Examiners constituted of three (3) duly qualified Doctors, one of whom shall be the fire fighter s own personal Doctor, the Doctor appointed by the Corporation and a Doctor to be appointed by the abovementioned two Doctors and the decision of such Doctors shall be final and binding on both the fire fighter and the Corporation A fire fighter off duty as a result of an injury incurred in the performance of his duties shall be provided with free hospitalization, medical care and full salary during such period off duty, up to a period of one (1) year. Injury resulting in more than an absence of one (1) year shall be reviewed prior to the member being placed fully in the hands of The Workplace Safety and Insurance Board A fire fighter retiring at pension age, the beneficiary of a fire fighter who dies and a fire fighter who voluntarily leaves the Department and has at least ten (10) years service with the Department shall be allowed fifty (50) percent of accumulated sick leave pay not exceeding one hundred and thirty (130) days in cash on the date of retirement, death or voluntary leaving as aforesaid, provided however, that the payment to be made hereunder shall be limited to a maximum benefit under this clause to one-half (1/2) year s earnings at the rate received by him immediately prior to termination of employment In the event that Federal or Provincial Legislation is enacted that conflicts with, or affects, any of the terms of Article 5, the same will govern rather than the terms of this article. Article 6 HOSPITAL, MEDICAL SERVICES AND GROUP INSURANCE 6.01 The Employer agrees to contribute 100% of the total premium cost in providing the Health Insurance Plan together with a supplementary insurance plan to provide semi-private accommodation, a Basic Medi Pack coverage plus a Paramedical plan; Group Life Insurance and Accidental Death or Dismemberment coverage of two times salary, all to be carried by the Manulife Financial Company; 100% of the cost of providing the Manulife Financial Company Dental Plan based on the payment of benefits of the fees outlined in the current Ontario Dental Association Suggested Fee Guide; as well as 100% of the cost of providing a Vision Care plan based on benefits of $ per employee and eligible dependants for every twenty-four (24) months.

9 Page 7 It is also agreed that the plan will provide major dental restorative services, (bridges and crowns) at 50% coinsurance to a maximum of $3, per member and eligible dependants per calendar year and orthodontic services, at 50% coinsurance to a maximum of $3, per member and eligible dependants per calendar year. It is also agreed that the plan: (a) Provides for generic drug costs where available. (i) If there is no generic substitution available, for the prescribed medicine, the amount covered is the cost of the prescribed product. (ii) Where a prescription contains a written direction from the Physician or Dentist that the prescribed medicine cannot be substituted with a generic product, the cost of the prescribed drug is covered, if it is a covered expense under this benefit. It is agreed participation in the abovementioned plan will be terms of employment for future hirings The Employer reserves the right to select or alter the carrier of any benefit program provided an equal or better level of benefit and service to that in effect under this Agreement is maintained, and further that the Association shall be notified and shall have the right to make representation to the employer with respect to any proposed changes The Corporation agrees to continue coverage of benefits to retired Pembroke Fire Fighters Association members from the date of retirement to age 65. Benefits shall include full benefits as defined under the provision for the active employees benefits plan, less Life Insurance and Accidental Death and Dismemberment. The Association agrees that the cost of the Medipac shall be at the rate being paid by the Corporation for the current year in which the member retires. The Association agrees that the Corporation will pay fifty (50) percent of any future increases by the Carrier in the Retiree Benefit Plan with the remaining fifty (50) percent being borne by the Retiree. To avoid duplicate family coverage, family coverage will be provided where no other coverage is available provided the coverage is not a reduction in benefits to the Retiree or Retiree s family, as outlined in the Retiree Benefit Plan. Each situation shall be judged on its own merit between the Corporation, the Association and the Retiree.

10 Page 8 Article 7 CLASSIFICATIONS AND SALARIES 7.01 The following classifications leading up to First Class Fire Fighter shall apply to the Fire Department personnel: Probationary Class from one (1) to twelve (12) months; Fourth Class from twelve (12) months to twenty-four (24) months; Third Class from twenty-four (24) months to thirty-six (36) months; Second Class from thirty-six (36) months to forty eight (48) months; First Class from forty-eight (48) months on The salary rates for the respective ranks for the years 2014, 2015, 2016, 2017 and 2018 shall be as set out in Schedule A to this contract Where a First Class Fire Fighter acts in a higher rank with the prior approval of the Fire Chief or Deputy Chief, he or she shall receive pay of the rank for the period while so employed An employee shall be paid at the rate of time and one-half of his basic hourly rate for all time worked in excess of his regularly schedule hours of work. In the event of an emergency recall or attendance for department meetings, pay will be at the rate of time and one-half of his basic hourly rate of pay, with a minimum of two (2) hours pay at the overtime rate. The compensation provided for in this clause shall be calculated and paid bi-weekly on the regular pay cheque. An employee may choose to bank overtime hours in lieu of pay to a maximum of 48 hours annually. Such time to be used as time off on the approval of the Fire Chief. Overtime hours may not be banked for the period November 15 to December 31 st in each calendar year. Any banked hours not used in the calendar year will be paid out at the rate at which they were earned. Said payout will occur on the pay date nearest to December 1st in each year. Members may also request a payout of banked hours for the pay date nearest to July 1 st in each year. Such request must be received at least two (2) weeks prior to the pay date. Notwithstanding the above, a firefighter called upon to work during Fire Prevention Week shall receive straight time off in lieu of hours worked up to a maximum of thirty- six (36) hours. All accumulated or banked time must be used in minimum one (1) hour increments and at a two (2) hour minimum.

11 Page The Treasurer of the Corporation shall deduct and remit to the Association such dues that are levied monthly by the Association upon receipt of the fire fighter s written authorization to do so. The Treasurer of the Corporation shall also deduct from a fire fighter s pay any amount of monies necessary for members of the Fire Department to purchase Canada Savings Bonds by payroll deduction after receiving the written consent of the Employee The Employer shall be indemnified and saved harmless by such deductions made at the request of the member of the Association. 7.07: Recognition Pay will be paid to an eligible fire fighter who has attained the required full time years of service within the Pembroke Fire Department. Recognition Pay shall be paid on all forms of employee pay, and will qualify as pensionable earnings and shall be used in calculating the member s OMERS pensionable earnings. It will be paid on the next full pay period following the date that the employee reaches the service requirement, and biweekly thereafter. Recognition pay shall not be included in the calculation of sick leave pay outs upon termination of employment. Recognition Pay will be paid in accordance with the following schedule: Years of Service: Percentage of 1 st Class Salary Effective Date 8 1% January 1 st, % 23 3% Years of Service: Percentage of 1 st Class Salary Effective Date 8 2% January 1 st, % 23 6% Years of Service: Percentage of 1 st Class Salary Effective Date 8 3% January 1 st, % 23 9% (Rates attached at Schedule A)

12 Page 10 7:08 Nothing contained herein shall prevent the Corporation from employing a Firefighter/Mechanic. The Firefighter/Mechanic must hold and maintain the 310T license at personal expense, as well as provide their own tools and equipment required to conform to job description. The Firefighter/Mechanic will not be responsible for supplying their tools and equipment for use by other employees. The job description is developed and maintained jointly between the Association and the Corporation of the City of Pembroke. The Firefighter/Mechanic will be paid a pensionable premium of 8% of his regular and overtime salary. Nothing herein prevents the Corporation from utilizing any outside agency or service in the delivery of maintenance to corporate apparatus or equipment, nor binds the Corporation to hire or appoint a Firefighter/Mechanic should the existing Firefighter/Mechanic cease to be employed by the City of Pembroke. Article 8 PROMOTION AND SENIORITY 8.01 (1) Recommendations by the Fire Chief for all promotions in the Department shall be based upon seniority of service together with efficiency. (2) All fire fighters with less than four (4) years service shall pass a yearly examination with a minimum of seventy (70) percent before they are qualified to move up to the next classification. If the fire fighter fails to pass the required examination the Fire Chief will set another examination date not less than ninety (90) days from the previous examination. If the firefighter is unsuccessful at the second attempt they shall remain at the same classification and rate of pay for that classification. An examination will again be set for the following year prior to the firefighter s anniversary date at which time the firefighter will again be subject to this clause. If successful in this attempt, the firefighter will receive the incremental adjustment on the first day of the pay period following the date of the successful examination, with no retroactive pay. Written - 35 points Practical - 35 points Ratings - 30 points Ratings will be done by averaging the ratings of the Fire Chief, Deputy Fire Chief and the Shift Captain. In the Shift Captain s absence, the Acting Captain will complete the ratings. In the case of the Swing Person/Floater, as referenced in Article 1.03, and the Probationary Fire Fighter, as referenced in Article 1.02, the ratings will be done by averaging the ratings of the Fire Chief, Deputy Fire Chief and the Platoon Captain with which they were assigned for holiday selections.

13 Page 11 Advanced written notification of the pending examination date shall be given thirty (30) days prior to that date. (3) If the fire fighter is successful in the first or second attempt at the examination, the adjustment in pay shall commence on the first day of the pay period immediately following the fire fighter s anniversary date For promotions to a higher classification than First Class, the following will be used: Written examination - 30 points Practical questions - 25 points Teaching Plan - 25 points Ratings - 20 points Seniority - 10 points (1) It is understood that no candidate will be recommended for promotion who does not attain a minimum mark of seventy (70) percent. The total of the examination marks is 100%. Seniority points will be added after the examination points have been compiled. Seniority points are allocated to members according to years of service at the time of promotion. It is further understood that to be eligible for promotion a candidate must have served a minimum of eight (8) years full-time on the Pembroke Fire Department. Should there be no candidate with eight (8) years full-time service with the Department the notice shall be re-posted and applications will then be considered from First Class Fire Fighters with a minimum of seven (7) years of full-time service. Should there be no candidate with seven (7) years of service the Pembroke Professional Fire Fighters Association shall provide a Letter of Agreement allowing those First Class Fire Fighters with less than the minimum years of full-time service to submit applications. After the posting of examination dates, the members shall be required to submit, in writing, to the Fire Chief, their intention to compete in the promotional examinations. Those fire fighters who do not desire to compete shall not be prejudiced at a later date for further promotion. Examination questions shall be directed by the Fire Chief or his designate. Advanced written notification of the pending examination date shall be given thirty (30) days prior to that date. (2) The ratings of the fire fighter shall be made by averaging the ratings of the Fire Chief, Deputy Fire Chief and his Shift Captain. If the Shift Captain is unable to participate in the ratings, the ratings will be completed by the Shift Acting Captain or by the Captain who has worked the most with the applicant within the previous twelve (12) months. The ratings will be completed, signed and sealed at least forty-eight (48) hours prior to the examination date.

14 Page 12 The President of the Association or his designate shall be present during all phases of the examination. (3) The member shall have the right to review all phases of the examination receive justification of the marks given. This review should take place before the Personnel Committee officially confirms the promotion. (4) Seniority points allocated on the following basis: one (1) point for each completed year of full-time service and are accumulated from the date following ten (10) years of completed service with the Pembroke Fire Department. (5) If the full-time fire fighter is successful, the adjustment in pay shall commence on the first day of the fire fighter s actual employment in the new rank. (6) If the Deputy Fire Chief s position is vacant it will not have an effect on Clause 8.01 and In determining a fire fighter s length of service for seniority purposes, computation will begin on the date the fire fighter began work. Former fire fighters re-entering the service after continuity of service has been broken by any reason (Her Majesty s Service in the event of the Declaration of War or National Emergency by the Government of Canada excepted), shall be considered new fire fighters and seniority shall start as of the date they re-enter the service. Article 9 LEAVE OF ABSENCE 9.01 The President and any two members of the Executive of the Pembroke Professional Fire Fighters Association shall be granted such leaves of absence as may be necessary for the proper performance of their duties of their offices insofar as the regular operation of the service of the Fire Department will permit, on consent of the Fire Chief, such consent not to be unreasonably withheld Any delegates, not exceeding two in number, who may, from time to time, be duly authorized and designated by the members of the Pembroke Professional Fire Fighters Association to attend the regular convention of the Ontario Professional Fire Fighters Association, shall be granted such time off as may be actually required for the attendance of such convention, not exceeding four (4) days insofar as the regular operations of the service of the Fire Department will permit, at the discretion of the Fire Chief When death occurs in the immediate family a member of the Association shall be entitled to three (3) consecutive days compassionate leave with pay. If required, up to an additional three (3) days compassionate leave, with pay, will be granted for the purposes of travel upon the prior approval of the Fire Chief. These days shall be on a straight time basis and for only such entitlement days as are working days and shall be conditional on the member attending the funeral.

15 Page 13 Immediate Family shall mean the member s spouse or common law spouse, daughter, step-daughter, son, step-son, father, step-father, mother, step-mother, sister, step-sister, brother, step-brother, grandchild, grandparent, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law and sister-in-law. Straight Time means the rate of the job at which the member would have worked in his scheduled working days. Leave of Absence without loss of pay for one (1) day shall be granted to an employee to attend the funeral of the employee s aunt or uncle An employee shall be granted a leave of absence for maternity or parental purposes in accordance with the applicable sections and consistent with the Employment Insurance Act and the Employment Standards Act of Ontario, Upon return from said leave, the employee shall be provided the option to take all or a portion of holiday and lieu day entitlements as a payout, less statutory deductions. Article 10 PENSIONS Each fire fighter covered by this Agreement shall be entitled to the benefits and privileges of an Employee s Pension Plan which may hereafter be adopted by agreement between the Corporation and the Members of the Association That, effective January 1, 1975, and upon the introduction of an Ontario Municipal Employees Retirement System supplementary pension plan, all members of the Pembroke Fire Department covered by the terms of this Agreement, shall retire on attaining the age of sixty (60) years, except as hereinafter provided The Municipality agrees to provide a supplementary pension benefit equal to 2% of each employees best sixty (60) consecutive months average salary at retirement multiplied by his years of credited service, reduced at age sixty-five (65) by.7% of such average salary or the average of the last three years maximum pensionable earnings (Y.M.P.E.) under the Canada Pension Plan at retirement, whichever is the lesser amount, multiplied by his years of credited service after January 1, 1966, less any amount payable under an approved pension plan of an employer. Credited Service means continuous service with the employer before participation of the employer in O.M.E.R.S. and Option Service as defined in the O.M.E.R.S. Act and Regulations. Average Salary will include payment for salary, pay for Acting Rank, Service Pay, Statutory Holiday Pay and Increment increases. Article 11 UNIFORM, EQUIPMENT AND PRIVATE TELEPHONES Every fire fighter of the Pembroke Fire Department shall be supplied with a dress and working uniform as outlined in Schedule B attached to this document.

16 Page Each fire fighter shall be supplied with full turn-out gear that meets or exceeds the Canadian General Standards Board for fire fighting duty, said clothing to be supplied as required To ensure higher efficiency in serious emergencies, the members of the Association agree to have private telephones installed in their homes. This clause is subject to cancellation at any time should more efficient electronic systems become available. Subject to Clause 11.01, fire fighters of the Pembroke Fire Department are to be issued with new uniforms before May 1 st in each year of issue. Uniform fittings will not qualify as paid call back. Article 12 DISCIPLINE AND DEVOTION TO DUTY All fire fighters shall promptly and cheerfully conform to and obey all the Bylaws and Regulations in force from time to time which are applicable to such employees insofar as they do not conflict with the terms of the Agreement or any extension or renewal thereof The Fire Chief shall be empowered to hire, suspend, discharge, lay off, transfer or demote fire fighters subject to the approval of the Chief Administrative Officer and to the limitations expressed in this Agreement as to arbitration or otherwise No fire fighter (Probationary Fire Fighter excepted) shall be discharged or suspended unless for cause until he has been given a fair hearing, but a fire fighter may be discharged without notice for just cause, such as (without restricting the generality of the foregoing): 1. Bringing intoxicants into or consuming intoxicants on Fire Department property; 2. Misappropriation or destruction of, or wilful damage of, Fire Department property; 3. Gross carelessness or neglect of duty; 4. Insubordination; and 5. Disorderly conduct In cases of discharge, whether for cause or for other reasons the Fire Chief shall notify the Association immediately, in writing, giving the reasons for discharge.

17 Page 15 Article 13 GRIEVANCE PROCEDURE The Association shall appoint a Grievance Committee of three (3) members of the Pembroke Professional Fire Fighters Association and shall file notice annually with the Corporation of the employees serving on the Grievance Committee. The Corporation shall also be notified of changes in the personnel of the said Grievance Committee, which may take place from time to time. No fire fighter or group of fire fighters shall be permitted to communicate a grievance to the public press nor permitted to lodge a Grievance with Council, or any member of Council, except as expressly provided herein If any grievance arises during the term of this Agreement, it will be addressed through the following procedure; At each stage of the following procedure every effort will be made to resolve the grievance or complaint in a timely manner. Unless otherwise stated, at each stage of the procedure any decision by an officer, management or Corporation will be conveyed to the Association in writing within five (5) working days of presentation. Unless otherwise stated, referral of a matter by the Association to the next stage will be done in writing within five (5) working days of receiving any Management decision. By mutual agreement the time limits stated in the procedure can be extended. VERBAL STAGE When a firefighter has a complaint, the firefighter will convey all facts relative to the matter to the officer in charge. Failure to resolve the matter to satisfaction, the firefighter may refer the matter to Stage 1. Stage 1 The fire fighter will communicate the matter in writing to the Association s Grievance Committee. If the complaint is judged to have merit, the Grievance Committee will refer the matter to the Fire Chief or the Chief s designee for consideration and will make presentation of the matter. Failing to resolve the matter to satisfaction, the Grievance Committee may refer the matter to Stage 2. Stage 2 The Grievance Committee will present the matter to the Chief Administrative Officer. Failing to resolve the matter to satisfaction, the Grievance Committee may refer the matter to Stage 3. Stage 3 The Grievance Committee will present the matter to the Personnel Committee of Council. Failing to resolve the matter to satisfaction, the Grievance Committee may refer the matter to Stage 4.

18 Page 16 Stage 4 The Grievance Committee will present the matter to City Council. Failing to resolve the matter to satisfaction, the Grievance Committee may refer the matter to Stage 5. Stage 5 Either party may refer the matter to arbitration according to the Fire Protection and Prevention Act within thirty (30) days In case a group of fire fighters have an alleged grievance, it shall be taken up by the Grievance Committee starting at Stage Any differences arising directly between the Association and the Corporation concerning the interpretation or violation of the terms and provisions of this Agreement may be submitted to either party by the other at Stage In determining the time within which any step is to be taken under the foregoing provisions of this article, working days shall be interpreted to mean Monday to Friday, and will also exclude statutory holidays At any stage of the grievance procedure, including arbitration, either party may have the assistance of the fire fighter or the fire fighters concerned and any necessary witnesses, and all reasonable arrangements shall be made to permit either party to have access to the Department to view disputed operations and to confer with the necessary witnesses No grievance shall be considered where the events giving rise to it occurred or originated more than thirty (30) days before the filing of the grievance. Article 14 DEPARTMENT RULES Such Departmental Rules as may be mutually agreed upon by the parties hereto shall be observed by all fire fighters. Such rules shall be consolidated in pamphlet form from time to time at the expense of the employer and copies thereof distributed to each fire fighter. Article 15 ARBITRATION In the event of any controversy concerning the interpretation or administration of the Agreement and in the event that a satisfactory adjustment cannot be reached between the parties hereto, the matter in dispute shall be submitted to a Board of Arbitration. Article 16 TERM OF AGREEMENT This Agreement shall remain in force and effect from the 1 st day of January, 2014 until the 31 st day of December, 2018 and from year to year thereafter unless within a period of not greater than ninety (90) days and not less than sixty (60)

19 Page 17 days prior to the expiry date, either party gives sixty (60) days written notice for the termination of the Agreement In the event that either party desiring or proposing any change or alteration in the Agreement, but not desiring to terminate the Agreement, such party may give the other party forty-five (45) days written notice before the expiry date and both parties shall thereupon negotiate in good faith in respect to the matters which it is proposed to change or alter and the remaining provisions shall automatically renew themselves as aforesaid. Article 17 PLACE OF RESIDENCE The employer agrees that any fire fighter under the terms of this Agreement may reside outside of the City provided it is within the Province of Ontario and within a fifteen (15) kilometre radius of the Pembroke Fire Hall. Members employed prior to February 1, 2002 are exempted at their current residences and future residence within a twenty-five (25) kilometre radius of the Pembroke Fire Hall. Article 18 TRAINING COMPENSATION The Corporation agrees that each member attending a management approved training course shall receive the sum of ten dollars ($10.00) a day for expenses involved in their classroom attendance in those cases where overnight accommodation is approved. The time spent at the Ontario Fire College or other location will be based on a forty-two (42) hour work week or portion thereof. Eight (8) hours time owing will be granted to members for time spent traveling to and from the fire college when off duty (four (4) hours each way). The City may provide transportation to and from the Ontario Fire College, six hundred (600) kilometres maximum, or other approved location. Fuel costs will be covered with appropriate receipts. An advance fuel cost payment may be given. In the case of attendance at the Ontario Fire College in Gravenhurst, Ontario, the member may choose to drive their own vehicle and be reimbursed by the City for mileage to a maximum of six hundred (600) kilometres at the rate paid to other City employees Firefighters attending seminars, conferences, educational sessions or courses, or any other department related training, including post incident critiques on their own time and with the approval of the Fire Chief shall be granted time owing based on time and one half for each hour spent in attendance, as well as traveling to and from the training.

20 Page When attendance at any of the above-mentioned is deemed by the Fire Chief to be mandatory, the fire fighter shall be paid overtime in accordance with Article All accumulated time owing will be used in 1 hour increments with a two (2) hour minimum. Article 19 LAY-OFF AND RECALL Should lay-off or a consequent organizational demotion of an employee or employees be planned, it is recognized that despite the manner in which the factor of seniority may apply in other instances, that seniority shall be the major factor. However, an efficiency evaluation report will also be considered in each incident or lay-off and recall or the organizational demotion of employees. This will result in the last employee to be hired being the first employee to be laid off in the case of employees below an officer rank, and it will result in the last employee to be promoted to an officer rank being the first to be demoted. In the event of a recall, employees shall be recalled in the order of their respective seniority. Officers shall be restored to their respective former officer ranks in the inverse order of their demotion from these ranks. Article 20 WORKPLACE SAFETY AND INSURANCE BOARD The Corporation will pay the difference in salary between the Workplace Safety and Insurance Board payment and the employee s full salary. Article 21 INDEMNIFICATION When a member is charged under the Criminal Code of Canada or any Act of the Province of Ontario resulting from an offence which occurred in the performance of his duties and is not convicted of the charge or of a reduced charge arising out of the same facts or circumstances, the Corporation shall pay up to One Thousand Five Hundred Dollars ($1,500.00) legal fees for counsel of such member s defence. Where a member is charged as outlined in the above article, the member may obtain legal counsel of his own choosing. Article 22 TECHNOLOGICAL CHANGE (a) At least ninety (90) days prior to the introduction or implementation of substantial technological change, or substantial changes in mechanization affecting employees, the Corporation shall, by written notice, furnish the Association with the full information of the planned change or changes. Such prior notice shall contain relevant information respecting the nature and degree of change, the date or dates on which the Corporation plans to effect the change and the location or locations involved. (b) Within fifteen (15) days after the foregoing notice has been given, the Corporation shall make disclosure to the Association of the effects of the change or changes on any employee.

21 Page 19 (c) Following the said disclosure, representatives of the parties shall meet forthwith for the purpose of negotiating with a view to resolving any issue which may concern the employment status of any employee. (d) If agreement has not been reached within fifteen (15) days after disclosure by the Corporation of the effects of the change or changes on any employee, either party may submit any outstanding issue to a Board of Arbitration. (Part IX of the Fire Protection and Prevention Act, 1997, as amended). (e) No change shall be made in the employment status of any employee consequent upon introduction or implementation of substantial technological change or substantial changes in mechanization, until either the parties have reached agreement through negotiation or the Board of Arbitration constituted hereunder has issued its award. Article 23 EMERGENCY RESPONSE VEHICLES The emergency response vehicles of the Pembroke Fire Department shall only be driven by full-time fire fighters. For the purpose of this clause, full-time fire fighters shall include the Fire Chief and the Deputy Fire Chief. Article 24 PAGERS All full-time fire fighters will carry pagers The response of any fire fighter in the pager program is voluntary Full-time fire fighters will be the first called for assistance The pager program will not be used by management to allow manpower on shift to be reduced below the present level because of more men being available for paging in The carrying of pagers will not result in stand-by pay costs for the City. Article 25 CONTRACTING OUT Except to the extent and to the degree agreed upon by the parties and except to the extent of the current practice as it relates to volunteer fire fighters, no work customarily performed by an employee covered by this agreement shall be performed by another employee of the Corporation or by any person who is not an Employee of the Corporation.

22 Page 20 IN WITNESS THEREOF the Corporation has hereunto caused its Corporate Seal to be affixed under the hands of its duly authorized officers and the Association has caused this instrument to be executed by their proper officers hereunto duly authorized, the date and year first above written. THE CORPORATION OF THE CITY OF PEMBROKE PEMBROKE PROFESSIONAL FIRE FIGHTERS ASSOCIATION Dan Herback, Fire Chief (Chief Negotiator) Darrell Andrews, Acting Captain (Chief Negotiator) Terry Lapierre, Chief Administrative Officer Philip Corriveau, Captain Ed Beaupre, Acting Captain Shawn Morgan, Acting Captain

23 Page 21 SCHEDULE A Article 7.02 Salary Rates % of 2013 rates 01-Jan Jan Jan Jan Jan-18 Classification 1 st Class (+3%) (+3%) (+2.5%) (+2.25%) (+2.25%) Captain 112% $95,363 $98,224 $101,171 $103,700 $106,033 $108,419 First Class F.F. 100% $85,145 $87,699 $90,330 $92,589 $94,672 $96,802 Second Class F.F. 90% $76,631 $78,930 $81,298 $83,330 $85,205 $87,122 Third Class F.F. 80% $68,116 $70,159 $72,264 $74,071 $75,737 $77,442 Fourth Class F.F. 70% $59,602 $61,390 $63,232 $64,813 $66,271 $67,762 Probationary 60% $51,088 $52,621 $54,199 $55,554 $56,804 $58,082 FF Mechanic 8% premium on regular and overtime rate 8% premium on regular and overtime rate 8% premium on regular and overtime rate 8% premium on regular and overtime rate 8% premium on regular and overtime rate Classification % of 2013 rates 01-Jan Jan Jan Jan Jan-18 1st Class (+3%) (+3%) (+2.5%) (+2.25%) (+2.25%) Captain % $ 103,025 $ 106,116 $ 109,300 $ 112,032 $ 114,553 $ 117,130 Captain % $ 100,471 $ 103,485 $ 106,590 $ 109,255 $ 111,713 $ 114,226 Captain % $ 97,917 $ 100,854 $ 103,880 $ 106,477 $ 108,873 $ 111,322 Captain 112% $ 95,362 $ 98,223 $ 101,170 $ 103,699 $ 106,032 $ 108,418 First Class F.F % $ 92,808 $ 95,592 $ 98,460 $ 100,922 $ 103,192 $ 105,514 First Class F.F % $ 90,254 $ 92,961 $ 95,750 $ 98,144 $ 100,352 $ 102,610 First Class F.F % $ 87,699 $ 90,330 $ 93,040 $ 95,366 $ 97,512 $ 99,706 First Class F.F. 100% $ 85,145 $ 87,699 $ 90,330 $ 92,589 $ 94,672 $ 96,802

24 Page 22 SCHEDULE B Article Working Uniform The following clothing items to be issued every year beginning May 1 st, 2012: 1 Two (2) uniform shirts (heavy weight) long or short sleeve with shoulder flashes. 2. Two (2) pairs of navy blue wash and wear pants. 3. Four (4) navy blue crew neck Fire Department T-shirts. To be issued every 2 years, beginning One (1) pair of black safety boots or shoes (as selected by the Clothing Committee and approved by the Chief at a maximum cost of $220.00, excluding sales tax) The following clothing items will be issued to the Members on request and with the Chief s approval: 1. Black leather (winter) gloves. 2. Navy blue spring/fall jacket (R.C.M.P. style) 3. Navy blue hip length winter weight duty jacket (R.C.M.P. style) 4. White uniform shirt (heavy weight) long or short sleeve with shoulder flashes. 5. Dress uniform pants (all season standard weight) as per C.A.F.C. specifications. 6. Tunic (single breasted, all season, standard weight) as per C.A.F.C. specifications. 7 Navy blue clip-on-tie. 8. Tropical weight navy blue forage cap, with appropriate cap strap (gold for captain and black for firefighters). 9. One (1) pair black uniform dress shoes, selected by the Clothing Committee. 10. Metal name tag. 11. Metal tie bar. 12. Rank epaulets. 13. Navy blue cover-alls (general duty). 14. Black leather belt (leather over buckle). 15. Navy blue dress tie (not clip on). 16. P.F.D. Sweatshirts.