COLLECTIVE AGREEMENT

Transcription

1 COLLECTIVE AGREEMENT Between District of Mission and Mission Professional Fire Fighters Association Local 4768 of the International Association of Fire Fighters January 1, 2014 to December 31, 2019

2 Intentionally Left Blank Page ii

3 Table of Contents Article 1. Preamble... 6 Article 2. Definitions Definitions... 6 Article 3. Term of Agreement Term of Agreement Continuation Exclusion of Labour Relations Code... 7 Article 4. Management Rights... 7 Article 5. Recognition... 8 Article 6. Union Security Union Membership Union Dues Union Deductions... 8 Article 7. Labour Management Relations Representation Joint Bargaining Committee Joint Labour Management Committee Joint Occupational Health and Safety Committee Grievance Committee Time Off For Meeting Meeting of Committee... 9 Article 8. Grievance Procedure and Arbitration Grievance Procedure Policy Grievance Suspension or Dismissal Arbitration Time Limits Employer Rights Union Representation Optional Grievance Investigation Procedure Article 9. Hours of Work and Overtime Regular Hours of Work Courses, Meetings and Training Extra Shifts Overtime Emergency Callout Banking Overtime Notice of Shift Change Voluntary Response to Pager Overtime During An Emergency Article 10. Remuneration Payment of Wages Acting Pay Page iii

4 Article 11. Job Classification Job Descriptions Article 12. Appointments, Promotions and Staff Changes Changes in Staffing Job Postings Promotions Trial Period Temporary Out-Of-Scope Assignment Article 13. Seniority Probationary Employees Seniority Loss of Seniority Seniority List Article 14. Layoffs and Recalls Layoff and Recall Procedure No New Employees Notice of Layoff Bumping Article 15. General Holidays General Holidays Article 16. Annual Vacation Entitlement Vacation Schedules Vacation Restrictions Minimum Staffing End of Service Unpaid Leave of Absence Article 17. Sick Leave Sick Leave Accumulated Sick Leave Notification and Proof of Illness Subrogation Workers Compensation Family Leave Employment Insurance Premium Reduction Program Article 18. Leave of Absence General Leave Leave for Union Business Shift Exchange Leave for Public Duties Bereavement Leave Compassionate Leave Mourner s Leave Jury or Witness Duty Pregnancy Leave Parental Leave Extension of Pregnancy/Parental Leave Supplementary Employment Insurance Benefits Page iv

5 18.13 Special Leave Article 19. Employee Benefits Group Life Insurance Plan Medical Services Plan of B.C Extended Health Care Plan (Supplemental Health Insurance) Dental Plan Pension Plan Article 20. Physical and Medical Requirements Physical Requirements Medical Requirements Vaccinations and Other Medical Precautions Article 21. Clothing Uniform Issue Firefighting Protective Clothing Employer Property Uniform Cleaning Article 22. General Conditions Nourishment Equipment Under the Employee s Care Role of the Volunteer Fire Fighters Access to Personnel Files Human Rights Funeral Costs Article 23. Present Conditions and Benefits Continuation of Acquired Rights Article 24. Severability Clause Severability Article 25. Indemnification Indemnification SCHEDULE A LETTER OF UNDERSTANDING No LETTER OF UNDERSTANDING No LETTER OF UNDERSTANDING No Page v

6 THIS AGREEMENT made and entered into BETWEEN DISTRICT OF MISSION (hereinafter called the Employer ) AND MISSION PROFESSIONAL FIRE FIGHTERS ASSOCIATION, LOCAL 4768 OF THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS (hereinafter called the Union ) WHEREAS the District of Mission is an Employer within the meaning of the Labour Relations Code; AND WHEREAS the Union is the duly certified bargaining authority for those employees of the District of Mission, British Columbia employed as Fire Department personnel excepting the Fire Chief, Assistant Fire Chiefs, clerical administrative staff, and volunteer and/or paid-call members of fire fighting personnel; AND WHEREAS this Agreement constitutes the wages and working conditions for the employees in respect of whom the Union is so certified; NOW, THEREFORE, the Parties hereto agree as follows: Article 1. Preamble The purpose of this Agreement is to secure for the Employer, the Union and the employees of the Employer 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 Employer and the Union and the employees to cooperate fully, individually and collectively, for the advancement of said conditions. The Employer 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 Employer agrees, in the exercise of the functions of 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. Article 2. Definitions 2.1 Definitions (a) Employee shall mean a person who is an Employee as defined in the Labour Relations Code of British Columbia, and shall include: (i) Probationary Employee - One who is a new employee filling a Page 6

7 (c) (d) (ii) (iii) regular position and is serving a probationary period. Regular Employee one who has successfully completed probation and is employed in a regular position. Temporary Employee - one who is hired to augment the staff, and is employed for a determined or determinable period of time, task, or project not to exceed six (6) calendar months. Day shall mean a 24-hour period of time commencing at midnight. Duty Shift shall mean a regularly scheduled period of work per day pursuant to Article 9. Block shall mean a regularly scheduled period of work consisting of consecutive duty shifts pursuant to Article 9. Article 3. Term of Agreement Term of Agreement This Agreement shall be for a period from and including January 1, 2014 to and including December 31, 2019, and from year to year thereafter, subject to the right of either Party to the Agreement at any time within four (4) months immediately preceding the date of expiry of this Agreement, or immediately preceding the last day of December in any year thereafter, by written notice, to require the other Party to the Agreement to commence collective bargaining. In the event neither Party gives to the other Party written notice to commence collective bargaining ninety (90) days before the expiry of this Agreement, notice shall be deemed to have been served by the Union on that date. 3.2 Continuation Should either Party give written notice, as provided in Article 3.1, this Agreement shall continue in full force and effect, and neither Party shall make any changes or alter the terms of this Agreement until: (a) (c) The Union has commenced lawful strike in accordance with the provisions of Part 5 of the Labour Relations Code of British Columbia, or; The Employer has commenced a lawful lockout in accordance with the provision of Part 5 of the Labour Relations Code of British Columbia, or; The Parties shall have concluded a renewal or revision of this Agreement or have entered into a new Collective Agreement; whichever is the earliest. 3.3 Exclusion of Labour Relations Code The operation of Sub-Sections (2) and (3) of Section 50 of the Labour Relations Code shall be specifically excluded from, and shall not be applicable to this Agreement. Article 4. Management Rights The Employer has the sole and exclusive right to manage its operations and staff, except as expressly limited by this Agreement. Page 7

8 Article 5. Recognition The Employer recognizes the Union, as the sole and exclusive collective bargaining agency for all fire suppression personnel save and except: (a) (c) Fire Chief; Assistant Fire Chief(s); Paid-On-Call Firefighters. Article 6. Union Security 6.1 Union Membership All present employees who are now members of the Union shall remain members of the Union. All new employees shall become members of the Union by the pay period immediately following completion of thirty (30) calendar days of employment. All employees who become members of the Union shall remain members of the Union as a condition of employment provided that no employee shall be deprived of employment by reason of loss of membership in the Union for reasons other than failure to pay the regular Union dues that all other members of the Union are required to pay to the Union. 6.2 Union Dues The Employer agrees to deduct from the pay of each employee covered by this Agreement an amount equal to the regular monthly Union dues and any general, bargaining unit-wide assessment(s), as determined by the Union; provided that each employee has, upon joining the Union, signed a form supplied by the Union authorizing the said deduction. 6.3 Union Deductions The Employer shall remit the dues deducted to the Union biweekly with a statement of the names of employees and the amount of each deduction. Article 7. Labour Management Relations Representation (a) No individual employee or group of employees shall undertake to represent the Union at meetings with the Employer without proper authorization of the Union. In order that this may be carried out, the Union will supply the Employer with the name of its Officers. Similarly, the Employer will, if requested, supply the Union with a list of its supervisory or other personnel with whom the Union may be required to transact business. The Employer agrees that Union representatives shall not be hindered or interfered with in any way in the performance of their duties while investigating disputes and presenting adjustments as provided in this Article. The Union recognizes that the Employer employs each Union representative and that the Union representative will not leave their work during working hours except to perform their duties under this Agreement. Therefore, no Union representative shall leave their work without obtaining the permission of the Employer. Page 8

9 (c) The Union shall have the right at any time to have the assistance of representatives of the International Association of Fire Fighters when meeting with the Employer. 7.2 Joint Bargaining Committee A Bargaining Committee shall be comprised of up to four (4) members of the Employer, as appointees of the Employer, and up to four (4) members of the Union, as appointees of the Union. The Union will advise the Employer of the Union nominees to the committee. 7.3 Joint Labour Management Committee A Labour Management Committee shall be established for the purpose of developing and maintaining an effective channel of communication between the Employer and the Union. The Labour Management Committee shall be comprised of up to three (3) members of the Employer, as appointees of the Employer, and up to three (3) members of the Union, as appointees of the Union. The Union will advise the Employer of the Union nominees to the committee. Meeting shall occur on a monthly basis unless otherwise agreed to by the Parties. 7.4 Joint Occupational Health and Safety Committee A Joint Occupational Health and Safety Committee shall be established in accordance with the Workers' Compensation Act and Regulations. 7.5 Grievance Committee A Grievance Committee shall be comprised of up to three (3) members of the Employer, as appointees of the Employer, and up to three (3) members of the Union, as appointees of the Union. The Union will advise the Employer of the Union nominees to the committee Time Off For Meeting Any representative of the Union on any of the following committees, or such other committees as the Employer may establish or as may be established by mutual agreement, from time to time who is in the employ of the Employer, shall have the privilege of attending committee meetings held within working hours without loss of remuneration, and after giving reasonable notice to the Employer, nor shall they receive compensation for attending on off duty hours. (a) (c) (d) Joint Bargaining Committee Joint Labour Management Committee Joint Occupational Health and Safety Committee Grievance Committee 7.7 Meeting of Committee In the event either Party wishes to call a meeting of a committee, the meeting shall be held at a time and place fixed by mutual agreement. However, such meeting must be held not later than fourteen (14) calendar days after the request has been given. Page 9

10 Article 8. Grievance Procedure and Arbitration During the term of this Agreement, any difference concerning the dismissal, discipline or suspension of an employee or the interpretation, application, operation or any alleged violation of this Agreement, including any question as to whether any matter is arbitrable, shall be finally and conclusively settled without stoppage of work in the following manner. 8.1 Grievance Procedure Meeting with Assistant Fire Chief An employee with a complaint shall first raise it with the appropriate Assistant Fire Chief within ten (10) calendar days of being made aware of the incident giving rise to the complaint. The Assistant Fire Chief shall meet and discuss the complaint with the employee and provide a verbal response within ten (10) calendar days of the date the employee raised the matter. The purpose of the meeting is to review the circumstances giving rise to the incident and to determine whether the complaint can be satisfactorily resolved without using the formal grievance procedure. If the matter is not resolved with the Assistant Fire Chief s response, the Union may choose to advance the complaint to Step 1 of the formal grievance procedure. It is the employee s responsibility to discuss the matter with a representative of the Union in a timely manner. Step 1 The Union may submit the grievance in writing to the Fire Chief or designate within fourteen (14) calendar days of being made aware of the Assistant Fire Chief s response in the preceding paragraph. The Fire Chief shall provide a written response within ten (10) calendar days of receipt of the grievance. Step 2 If the matter is not resolved in Step 1, the Union may pursue the grievance by referring the grievance to the Grievance Committee within ten (10) calendar days of receipt of the Fire Chief s response. The Grievance Committee of the Employer shall provide a written response to the Union within ten (10) calendar days from the date the matter was heard by the Grievance Committee. Failing settlement in Step 2, Step 3 may be invoked. Step 3 If the matter is not resolved in Step 2, either Party may refer the dispute to arbitration within ten (10) calendar days of receipt of the written response in Step Policy Grievance Where a dispute involving a question of general application or interpretation occurs, it shall be submitted at Step 1 of this Article. 8.3 Suspension or Dismissal Where a dispute involving the suspension or dismissal of an employee occurs, it shall be submitted at Step 2 of this Article within seven (7) calendar days of the date the employee received written notice of such suspension or dismissal. Page 10

11 8.4 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 fourteen (14) calendar days of appointment and are allowed a further five (5) calendar days to agree upon a Chairman. If they fail to agree upon a Chairman, either Party may apply to the Director of the Collective Agreement Arbitration Bureau to appoint a Chairman. The decision of the Board shall be final and binding on both Parties. 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 of British Columbia. 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. 8.5 Time Limits The time limits stipulated in both the grievance and arbitration procedures may be extended by mutual consent of the Parties. 8.6 Employer Rights The Employer shall have the same rights as the Union to file and process a grievance. 8.7 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 notified of any investigation(s) taking place and if verbal disciplinary action is to be taken against an employee in the bargaining unit and shall be given a copy of any written notification of disciplinary action that will form part of an employee s disciplinary record. Where the employee elects not to have a Union representative present, or where a Union representative is not available, the absence of a Union representative shall not affect the Employer's right to impose discipline and shall not be used in and of itself as a reason to request an Arbitrator to amend or overturn the discipline. Page 11

12 8.8 Optional Grievance Investigation Procedure (a) (c) (d) (e) (f) Recognizing that there are times and circumstances in which it may be advantageous to seek third-party assistance in the resolution of grievances, and in an attempt to find a way in which to bring about such resolutions without incurring the costs and delays associated with formal arbitration proceedings, the Parties have agreed to provide for an optional grievance investigation procedure. The process is intended to complement the grievance and arbitration procedures otherwise provided for in this Agreement. It is NOT intended to replace those other procedures. When a difference arises between the Parties in relation to the dismissal, discipline or suspension of an employee, or to the interpretation, application, operation or alleged violation of this Agreement, the Parties will appoint an investigator agreed to by the Parties to: (i) (ii) (iii) investigate the difference define the issue in the difference; and make written recommendations to resolve the difference within thirty (30) days of the date of the receipt of the request; and for those thirty (30) days from that date, time does not run in respect of the grievance procedure. Investigator s Expenses Each Party shall pay one-half (1/2) of the cost incurred in relation to the reasonable remuneration, travelling and out of pocket expenses of the investigator. Selection of Investigators The Parties will mutually agree on who the investigator will be for an investigation. Option Choice and Timing Either Party may choose to implement the investigation procedure, provided that all steps of the grievance procedure, prior to reference to arbitration, have been exhausted without a resolution of the difference. The Party wishing to use the investigation procedure shall notify the other Party of the decision within five (5) working days of the receipt of the reply at the third step of the grievance procedure. Such notification must be in writing. The Party receiving the notification may refuse to accept the investigation procedure, in which case the provisions of Article 8 (dealing with arbitration) are then applicable and the time limit contained in that article begins to run from the date of the refusal decision being delivered in writing. No reasons for the refusal need be given. Option for Binding Recommendations While the grievance investigation process is intended to yield only non-binding recommendations, the Parties may agree that the recommendations will represent a binding award, in the manner of an arbitration award. Any award made in accordance with this article, shall have no precedential value. Such agreement must be made in advance of the appointment of the investigator. Page 12

13 Article 9. Hours of Work and Overtime Regular Hours of Work (a) The regular hours of work for employees shall consist of an average of not more than forty-two (42) hours per week. Shifts shall be four (4) twelve (12) hour day shifts, followed by four (4) consecutive days off. The work schedule shall be balanced on a 56 calendar day cycle from a common date in time. Following the start date of four (4) additional fire fighters, the regular hours of work for employees shall consist of an average of not more than forty-two (42) hours per week. Shifts shall be two (2) ten (10) hour day shifts, followed by two (2) fourteen (14) hour night shifts, followed by four (4) consecutive days off. The work schedule shall be balanced on a 56 calendar day cycle from a common date in time. Shift start times shall be 08:00 and 18:00 hours Courses, Meetings and Training (a) (c) (d) Employees who are required to attend conventions, department meetings, or matters on behalf of the Employer on regular days off will be provided the equivalent of straight time off by means of days in lieu. The employee will receive a minimum of four (4) hours. Such time may be accumulated and taken at a time mutually agreed to by employee and the Employer. The rate of pay for an employee, who is required by the Employer to attend courses and training outside of their scheduled shift, shall be paid at one and one half (1½) times for all hours in attendance at the course or training session, with a minimum of two (2) hours. All time over two (2) hours shall be calculated at 15 minute intervals for each portion of a 15 minute interval the employee is receiving training. The compensation for the time employees are required to attend training outside of their scheduled shift, pursuant to paragraph above, shall be taken by the employee as time off from work during the calendar year in which the required training is held, subject to the operational requirements of the department. If, due to operational or other extenuating circumstances, the employee is not able to take all of the accumulated time off from work during the calendar year in which the required training program or course is held, the remaining time off shall be scheduled by December 31 st of the current calendar year and used by the employee by March 31 st of the following calendar year, or the remaining time shall be paid out. In the event an employee attends optional training, delivers training or public education outside of their scheduled shift, as approved by the Employer, the employee shall be paid at straight time for all hours in attendance, with a minimum of two (2) hours. All time over two (2) hours shall be calculated at 15 minute intervals for each portion of a 15 minute interval the employee is receiving or delivering training or public education. 9.3 Extra Shifts Where an employee agrees to work a shift(s) or portion thereof, in excess of the employee s scheduled work week, the employee will receive pay at the rate of one and one-half (1½) times the employee s regular hourly rate for such excess hours worked, with a minimum of three (3) hours at the rate of one and one-half (1½) times Page 13

14 the employee s regular rate of pay. 9.4 Overtime All time worked concurrent and immediately following the end of an employee s regular duty shift at the request of the Employer, shall be deemed to be overtime and shall be paid at one and one-half (1½) for the first two (2) hours and double (2) time thereafter. Overtime shall be calculated in 15 minute intervals rounded up to the next nearest interval Emergency Callout Emergency Callout shall be voluntary providing the Employer is able to fill bona fide operational needs of the Mission Fire and Rescue Service. If such needs are not met, the Employer shall have the authority to require an employee to attend to an Emergency Callout in reverse order of seniority. Except as provided in Articles 9.3 and 9.4, an employee reporting for work at the call of the Employer in response to an emergency alarm, shall be paid at the rate of one and one half (1½) times the employee s regular rate of pay for all hours worked in response to the call, with a minimum of two hours regardless of time so worked. All time worked over two (2) hours shall be paid at the rate of two (2) times the employee s regular rate of pay. For purposes of calculation, the employee shall be paid for the travel time from home to the duty station but not from the duty station to home, up to a maximum of one-half (½) hour. The two (2) hour minimum includes the paid travel time. Notwithstanding the above paragraph, where an employee is called out under this Article 9.5 on a General Holiday as defined in Article 15 the employee shall be compensated at two (2) times their regular rate of pay. The balance of the above paragraph shall apply unchanged Banking Overtime Employees shall have the option to bank overtime and extra time worked at the rate of pay at which it was earned. (a) A maximum of three (3) blocks per year may be accumulated and scheduled at a time mutually agreed to by the individual and the Employer. Scheduling of time off shall not be unreasonably denied but may be restricted due to bona fide operational reasons. Accumulated banked time in excess of three (3) blocks shall be paid out in full during the next complete pay period. Payment of banked time shall be paid at the earned rate. Employees may carry over two (2) blocks at the next year s hourly rate and any banked time in excess of two (2) blocks will be paid out at the rate banked, no later than the first pay period of March in the following year. (c) Except as otherwise approved by the Employer, no more than two (2) employees may schedule their banked time as off duty, unless there is less than four (4) employees rostered to the shift, in which case only one (1) employee may schedule their bank time as off duty. Page 14

15 Notice of Shift Change The Employer shall establish the shift schedules, which may be amended from time to time. Except in times of emergencies, forty-eight (48) hours notice shall be given before a change of regular shift Voluntary Response to Pager An employee who volunteers to keep a pager and voluntarily reports for work in response to an emergency call shall be compensated at the special rate of straight-time, at the rate of one (1) times the employee s hourly rate of pay. The employee shall not be paid for the travel time from home to the duty station or from the duty station to home. Employees may voluntarily respond to incidents involving a call for structure fire, hazardous materials, wildland interface, and Delta level motor vehicle accidents. Any response to all other incidents shall require the Employer s approval. When the duration of a voluntary call response is greater than two (2) hours and concludes with less than six (6) hours before the start of the employee s next regularly scheduled shift, the employee may receive the equivalent time off without loss of pay to ensure they are provided a minimum of six (6) hours rest. In such cases the Employer may require the employee to work providing that all time so worked is compensated at the rate of one and one-half (1½) times their regular rate of pay Overtime During An Emergency Employees shall not bank any overtime worked during an emergency response or recovery for which the cost of overtime is submitted for reimbursement to the Province of British Columbia in accordance with the Emergency Program Act. Article 10. Remuneration 10.1 Payment of Wages The Employer shall pay wages bi-weekly on a Thursday in accordance with the wage schedules described attached hereto and forming part of this Agreement. On each pay day, each employee shall be provided with an itemized statement of the employee's wages and deductions Acting Pay All employees who are required to assume the duties and responsibilities of an employee of higher rank, for a period of one half (1/2) duty shift or greater, shall be paid the rate of pay of the higher rank, for the period so employed, provided that the Employer has approved or authorized the employee to assume the duties of the higher rank. Page 15

16 Article 11. Job Classification 11.1 Job Descriptions The Employer shall prepare job descriptions for all classifications for which the Union is the bargaining agent. These descriptions, and any amendments to existing descriptions, shall be presented to the Union and shall become the recognized job descriptions unless the Union presents written objection within thirty (30) days. Article 12. Appointments, Promotions and Staff Changes 12.1 Changes in Staffing The Employer agrees to notify the Union, in writing, when an employee covered by this Agreement is hired, promoted, demoted, transferred, laid-off, recalled, resigns, is suspended or is terminated Job Postings When a vacancy occurs or a new position is created the Employer shall notify the Union in writing and post notice of the position in the fire stations and on all bulletin boards for seven (7) calendar days. The posting shall include relevant details, as determined by the Employer, regarding the position including required knowledge, skills and abilities, and rate of pay. If the Employer deems it necessary to fill the vacancy for the seven (7) calendar days the Employer may employ temporary employees without posting, provided there is no qualified employee available Promotions (a) (c) (d) In making promotions, the relevant level of skill, knowledge, ability and capacity for leadership of the applicants as determined by the Employer shall be the primary consideration, and where such factors are relatively equal, seniority shall be the determining factor.. The assessment of skill, knowledge, ability and capacity for leadership related to the officer position being sought shall be based upon the following criteria and with weighted scoring as follows: i. Completion of the required and related training and education weight 25%; ii. Examination and assessment results weight 25%; iii. Interview weight 25%; and iv. Performance appraisals weight 25% The Employer and the Union agree that the Mission Fire Service Operational Guideline Promotion to the Rank of Full Time Captain (#822), as amended from time to time by mutual agreement, will provide the procedural direction for promotions. Such agreement shall not be unreasonably withheld by either party. Notwithstanding Article 9.4, all training related to the Operational Guideline Promotion to the Rank of Full Time Captain (#822) that occurs outside an employee s working hours shall be compensated at the special rate of straight-time. Page 16

17 12.4 Trial Period Employees appointed, promoted or transferred to a new position shall serve a six (6) month trial period in the new position before being confirmed in the appointment. If the appointment is not confirmed, that employee shall revert to the previous position held or to a position of equal value for which the Employer deems the employee to be qualified. During the trial period, if the employee chooses to return to his/her former position, the employee shall so inform the Employer prior to the expiration of the trial period and shall be returned to her/his former position and wage rate without loss of seniority. Any other employee promoted or transferred because of the rearrangement of positions shall also be returned to her/his former position and wage rate without loss of seniority Temporary Out-Of-Scope Assignment No employee shall be temporarily transferred to a position outside the bargaining unit without the employee s consent. An employee who is temporarily transferred to an out-of-scope position shall continue to accrue seniority. Article 13. Seniority 13.1 Probationary Employees (a) (c) (d) Every new employee shall be considered to be on probation until the completion of twelve (12) months service satisfactory to the Employer. If at any time during this period the Employer determines that the employee is unsuitable for continued employment, his or her employment may be terminated with one (1) day notice. During the period of probation the employee s suitability for continued employment shall be assessed on the basis of factors such as: (i) (ii) (iii) (iv) conduct, quality and quantity of work, ability to work harmoniously with others, and ability to meet work standards as set by the Employer. Following completion of the probation period, seniority and other perquisites referable to length of service shall be effective from the original date of hire Seniority (a) "Seniority" means continuous service with the Employer since the initial date of hire into the bargaining unit that is uninterrupted by lay-off, resignation or termination. Temporary employees shall not accumulate seniority. In the event two (2) or more employees commence employment on the same day, their seniority placement shall be based upon the total score achieved on the evaluations for hiring new employees conducted prior to their first (1st) day of employment. Page 17

18 13.3 Loss of Seniority (a) (c) (d) An employee shall not lose seniority if he or she is absent from work because of sickness, disability, accident, layoff of less than one (1) year, or leave of absence approved by the Employer. An employee shall only lose his or her seniority in the event: (v) (vi) (vii) The employee is discharged for just cause; or The employee resigns or retires; or The employee is absent from work in excess of seven (7) calendar days without sufficient cause or without notifying the Employer, unless such notice was not reasonably possible; or The employee fails to return to work within seven (7) calendar days following a lay-off and after being notified by registered mail to do so, unless due to sickness or other just cause. It shall be the responsibility of the employee to keep the Employer informed of his/her current address; or The employee is laid off for a period longer than one (1) year 13.4 Seniority List The Employer shall maintain a seniority list showing the employment date and names of all persons employed within the scope of the bargaining unit. The Employer shall keep the seniority list current and provide copies for the Union and for posting. Article 14. Layoffs and Recalls 14.1 Layoff and Recall Procedure Both Parties recognize that job security should increase in proportion to length of service. Therefore, in the event of a layoff, employees shall be laid off in the reverse order of their seniority. Employees shall be recalled in the order of their seniority, providing they are qualified and capable to do the work No New Employees No new employees will be hired until those laid off have been given an opportunity of re-call in accordance with Article Notice of Layoff The Employer shall notify, in writing, those employees who are to be laid off twelve (12) duty shifts before the layoff is to be effective, or pay in lieu of notice Bumping In the event an employee is laid off or a position becomes redundant, employees affected may bump an employee with less seniority provided the employee exercising the right to bump is qualified and capable to perform the work of the less senior employee. Employees exercising their seniority rights under the provisions of this Article shall do so within four (4) duty shifts of the notice of layoff. Page 18

19 Article General Holidays General Holidays (a) (c) (d) (e) (f) (g) (h) All employees shall have the following General Holidays off with pay at the employee s regular rate of 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 other day proclaimed by the Government of Canada, the Province of British Columbia or the District of Mission. Employees engaged in a type of work required to be performed continuously and on every day, including General Holidays, throughout the year shall receive in each calendar year time off equivalent to one (1) duty shift for each of the General Holidays listed in paragraph (a) except as provided for under paragraph (c). Every employee covered by paragraph shall receive, during the first part calendar year of employment and during the final part calendar year of employment, time off equivalent to one (1) duty shift for each of the General Holidays listed in paragraph (a) which occurs during the employee s period of employment in such part calendar year. Requests for time off in lieu of General Holidays shall be submitted for approval in accordance with Article The Employer shall determine if employees will receive their first calendar year of General Holiday entitlement in pay. Any employee who is required to work on any of the General Holidays listed in paragraph (a) shall, in addition to the entitlement set forth in paragraph, shall be paid at the rate of one and one-half (1½) times the regular hourly rate of the employee for all hours worked on the duty shift provided the duty shift commenced on a General Holiday. Duty shifts that do not commence on a General Holiday but which overlap onto a General Holiday are not eligible for any premium payments on such duty shifts. The one and one-half (1½) times rate is comprised of the employee s regular straight time hourly rate plus an additional fifty percent (50%) premium. An employee shall not earn or retain General Holiday entitlements while on unpaid leave in excess of thirty (30) days. In the event an employee resigns or retires their position with the Employer, they must work at least one (1) regularly scheduled duty shift following the General Holiday in order to be eligible for General Holidays which occur prior to resignation or retirement. Page 19

20 Article 16. Annual Vacation Entitlement (a) Paid annual vacations for all employees shall be granted as follows: (i) (ii) (iii) (iv) (v) (vi) During the first (1st) calendar year of service, employees shall be granted vacation pay in accordance with the Employment Standards Act of British Columbia. The Employer shall determine if this vacation entitlement shall be in pay or in vacation time off work. During the second (2nd) to and including third (3rd) calendar years of service, employees shall be entitled to paid vacation of nine (9) duty shifts. During the fourth (4th) to and including tenth (10th) calendar years of service, employees shall be entitled to a paid vacation of thirteen (13) duty shifts. During the eleventh (11th) to and including twentieth (20th) calendar years of service, employees shall be entitled to a paid vacation of seventeen (17) duty shifts. During the twenty-first (21st) and including twenty-fourth (24th) calendar years of service, employees shall be entitled to a paid vacation of twenty-one (21) duty shifts. During the twenty-fifth (25th) and all subsequent calendar years of service, employees shall be entitled to a paid vacation of twenty-five (25) duty shifts. Payment for such vacation shall be at the employee s regular rate of pay Vacation Schedules On or before December 1 st of each calendar year, the Employer will post the dates of the annual training events as described in Article On or before December 15 th of each calendar year, employees shall submit their requests for annual vacations for the following calendar year and on or before January 15 th, of each calendar year, the Employer shall approve the scheduling of annual vacation time Vacation Restrictions Annual vacation requests will not be approved during the annual training events scheduled in the spring and in the fall unless otherwise approved at the discretion of the Employer, or designate Minimum Staffing Only one (1) employee per platoon shall be approved for scheduled vacation, unless otherwise approved at the discretion of the Employer, or designate End of Service (a) Employees who leave the service of the Employer during the calendar year, shall have their annual vacation allotment calculated on a pro-rated basis to the last day worked. There shall be no pro-rating of vacation entitlement for employees who retire Page 20

21 in accordance with the Municipal Pension Plan Rules Unpaid Leave of Absence Employees who are absent on unpaid leave of absence shall have their annual vacation pay prorated on the basis of the total unpaid time absent. Article 17. Sick Leave 17.1 Sick Leave Sick Leave shall mean the period of time an employee is absent from work by virtue of being sick, disabled or injured due to a non-occupational illness or injury or for which compensation is not payable under the Worker's Compensation Act Accumulated Sick Leave (a) All employees, upon completion of the probationary period, shall be granted one and one half (1½) duty shifts of sick leave credits for every month of service retroactive to the date of hire. Employees shall be permitted to access their sick leave credits in advance effective the first pay period after completion of three (3) months of employment, providing they provide the Employer verification of illness by the attending physician for every absence. An employee shall be entitled to an accrual of all unused sick leave credits to a maximum accrual equivalent to 2,184 hours. (c) (d) A deduction shall be made from an employee s accumulated sick leave credits for all time absent on authorized paid sick leave. Employees shall not earn sick leave credits while absent on any unpaid leave of absence. Sick leave credits earned by an employee who is absent on sick leave or WorkSafeBC leave shall not be credited to the employee unless the employee returns to work for at least thirty (30) calendar days. An employee, who has exhausted accumulated sick leave, may receive an extension of up to two hundred and sixteen (216) hours. This sick leave extension shall be repaid by the employee upon his/her return to duty through his/her normal monthly accumulation Notification and Proof of Illness (a) An employee who is unable to report to work due to illness shall notify the Employer, or designate, as soon as possible prior to the beginning of each shift. Any employee requesting sick leave as defined in Article 17.1 may, at the discretion of the Employer, or designate, be required to produce a certificate from a duly qualified medical practitioner licensed to practice in the Province of British Columbia certifying that such person is unable to carry out their assigned duties due to illness and/or injury. The Employer may require the employee to have a functional abilities assessment completed by the employee s physician who is licensed to practice in the Province of British Columbia. Where a medical certificate is required, or where the Employer requires the employee to attend an independent medical examination, the Page 21

22 cost will be paid for by the Employer Subrogation An employee who has received sick leave benefits for injuries caused by a third party shall be obliged, in the event such employee undertakes an action for recovery of damages against the third party, to seek recovery of the total cost of wages and benefits paid to the employee while on sick leave. The employee shall be obliged to reimburse the Employer to the extent that the employee succeeded in recovering such wages and benefits and the Employer shall reimburse the employee s sick leave bank the number of sick days used by the employee in proportion to the total amount of money recovered. This provision includes claims made to ICBC Workers Compensation Every employee covered by this Agreement, who is absent from their duties due to injuries received while on duty, shall receive from the Employer their normal net take home pay during such absence from duty, provided that payment of said normal net take home pay shall continue only as long as the employee continues to receive workers compensation payment in respect to such injury; and provided further, that all compensation to which they are entitled is paid direct from WorkSafeBC to the Employer. The employee s usual deductions shall be deducted from the employee s regular rate of pay. The provisions of this section do not apply where an employee is permanently incapacitated from serving as a worker and is in receipt of a workers compensation pension Family Leave When an employee is required to respond to a medical emergency or to provide care for a sick or injured member of the employee s immediate family, where no other member of the immediate family is available to provide for the needs of the sick or injured person, the employee shall be entitled, after notifying the Employer, to use a maximum of four (4) duty shifts sick leave per year, to deal with the medical emergency or care for the member of the family who is sick or injured. Immediate family is defined as: spouse, child, parent, grandchild or grandparent, or any person who lives with the employee as a member of their family. An employee may be required to provide a certificate from a qualified medical practitioner confirming the illness of the family member Employment Insurance Premium Reduction Program The Employer shall apply to Services Canada for the Employment Insurance Premium Reduction Program and the employee s share of the savings (5/12) shall be provided to the Union for the purposes of providing benefits to the members as determined by IAFF Local 4768 Constitution. Article 18. Leave of Absence 18.1 General Leave The Employer may grant leave of absence without pay and without loss of seniority to any employee requesting such leave for good and sufficient cause, such request to be in writing and approved by the Employer. Such leave shall not be unreasonably Page 22

23 denied. leave. Bona fide operational concerns are justifiable reasons for denying such Leave for Union Business (a) Upon application to, and upon receiving the permission of the Employer in each specific case, it is agreed that designated official representatives of the Union shall not suffer any loss of pay when required to leave their employment temporarily in order to carry on negotiations with the Employer, or with respect to a grievance, and such absence does not interfere with the operations of the Employer. The Employer agrees to continue to pay the official representatives of the Union regular wages while off duty on union business and the Union shall be billed for the cost of the union official s regular wages plus overhead. Alternatively, the official representative of the Union may arrange for a qualified replacement shift exchange, in accordance with Article Shift Exchange Shift exchanges may be voluntarily undertaken between two employees upon approval of the Employer prior to such exchange of time. Shift Exchanges shall not be used by employees during their first six months of probation, in a manner that interferes with the operation of the department or when a Shift Exchange results in a prolonged shift (beyond a 24 hour period). The Employer recognizes Shift Exchanges provide employees with an increased quality of life and shall not unduly deny a Shift Exchange. Under no circumstances shall the use of Shift Exchanges create any additional cost, through overtime or otherwise, to the Employer. Responsibility for arrangement for the repayment of such time rests with the employees involved. No obligation shall be placed upon the Employer for repayment of time voluntarily exchanged or repaid between employees Leave for Public Duties (a) Subject to mutual agreement between the Employer and the Union, the Employer may, upon receipt of a written request, grant a leave of absence without pay and without loss of seniority to a maximum of eight (8) weeks, so that an employee may be a candidate in federal, provincial or municipal elections. Upon written request, the Employer may grant a leave of absence without pay and without loss of seniority to an employee who is elected to public office, during the employee s term of office Bereavement Leave (a) An employee may be granted up to two (2) blocks of leave without loss of pay in the case of death of the employee s spouse or child. An employee may be granted up to one (1) block of leave without loss of pay in the case of death of the employee s parent, brother, sister, grandchild, grandparent, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in- Page 23