COLLECTIVE AGREEMENT

Transcription

1 COLLECTIVE AGREEMENT Between THE CORPORATION OF THE CITY OF KINGSTON (Hereinafter referred to as the Employer ) And LOCAL UNION 636 OF THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS (Hereinafter referred to as the Union ) January 1 st, 2018 to December 31 st, 2019

2 Table of Contents ARTICLE 1 PURPOSE... 3 ARTICLE 2 MANAGEMENT RIGHTS... 3 ARTICLE 3 - DURATION... 3 ARTICLE 4 RECOGNITION... 4 ARTICLE 5 GRIEVANCE PROCEDURE... 5 ARTICLE 6 EMPLOYEE CLASSIFICATIONS... 5 ARTICLE 7 SERVICE AND SENIORITY... 7 ARTICLE 8 HOURS OF WORK... 8 ARTICLE 9 OVERTIME... 9 ARTICLE 10 STAND BY ARTICLE 11 DESIGNATED HOLIDAYS ARTICLE 12 VACATION ARTICLE 13 SICK LEAVE ARTICLE 14 BEREAVEMENT LEAVE ARTICLE 15 LEAVE OF ABSENCE ARTICLE 16 PREGNANCY, ADOPTION AND PARENTAL LEAVE ARTICLE 17 WSIB ARTICLE 18 HEALTH PLANS ARTICLE 19 PENSION AND INSURANCE ARTICLE 20 CLOTHING AND EQUIPMENT ARTICLE 21 JOB POSTING ARTICLE 22 ACTING PAY ARTICLE 23 COMMITTEES ARTICLE 24 DISCIPLINE ARTICLE 25 GENERAL WAGE SCHEDULE LETTER OF UNDERSTANDING Training Plan for Full Time CSRs P age

3 ARTICLE 1 PURPOSE The General purpose of this agreement is to set out various terms and working conditions of employment and to maintain a harmonious relationship between the Employer and its employees. ARTICLE 2 MANAGEMENT RIGHTS 2.01 The Union acknowledges that it is the exclusive function of the Employer to: (a) (b) (c) Maintain order, discipline and efficiency; Hire, select, discharge for just cause an employee who has completed the probationary period, classify or discipline employees. Organize and direct in all respects, the service provided for the public and without restricting the generality of the foregoing to determine: (i) (ii) (iii) (iv) The machines, tools, equipment and the materials to be used in any operation or series of operations; The nature of the work to be done and methods of performing the said work; The time schedule of operations; and The method by which all municipal services are provided. The Employer agrees that these management functions shall be executed in a manner consistent with the general purpose and intent of this Agreement. ARTICLE 3 - DURATION 3.01 This Agreement shall become effective on the first day of January 2018 and shall continue in force until the thirty-first day of December 2019 and thereafter, from year to year until terminated or amended as hereinafter provided. Either party to this Agreement may, by notice in writing to the other party of at least thirty (30) calendar days prior to the termination date of the Agreement, give notice of its desire to bargain for renewal, with or without modifications to the Agreement. The first meeting of the parties, at which proposed amendments by both parties shall be exchanged, shall be held within thirty (30) calendar days of the notice to bargain, unless otherwise mutually agreed to In addition to the foregoing, any changes deemed necessary in this Agreement may be made by mutual agreement at any time during the existence of this Agreement following written notice by either party to the other of its interest to meet to discuss amendments to this Agreement. 3 P age

4 ARTICLE 4 RECOGNITION 4.01 The employer recognizes the Union as the exclusive Bargaining Agent for all employees of the Customer Experience Division save and except Supervisor, and persons above the rank of Supervisor, Administrative Secretary, and persons employed under government sponsored work programs No employee shall be required or permitted to make a written or verbal agreement with the Employer or its representatives which may conflict with the terms of this Agreement, unless approved by the Union Words used in this Agreement in the masculine gender shall include the feminine The Employer agrees that generally non-union employees will not perform work of the Bargaining Unit Employees. The Union recognizes that from time to time i.e. training, incidental situations or emergency situations may result in non-union employees performing Bargaining Unit work The Union acknowledges that the Employer has the exclusive right to manage its business, direct the working force, make, amend and enforce such rules and regulations as shall from time to time be required, except as specifically restricted by Statute or this Collective Agreement The Union agrees that there will be no strikes, picketing, slowdown or stoppage of work, either complete or partial, and the employer agrees that there will be no lockout during the term of this Agreement Every new employee will be issued a copy of this Collective Agreement by the Employer and at the earliest opportunity the Union will be notified of any newly hired employees. The Employer agrees to notify the Union of transfers, dismissals, discipline, lay-off, and recall of employees covered by this Agreement The Employer agrees to deduct a $10.00 initiation fee and Union Dues as designated by the Business Manager / Financial Secretary of Local 636 of IBEW from all employees covered by this agreement, and remit such dues to the Financial Secretary on a monthly basis If changes in operating requirements are necessary, for example, hours of work and shifts beyond what is defined in this Collective Agreement, the Employer and the Union agree to meet to develop a mutually agreed to solution that will satisfy the needs. 4 P age

5 ARTICLE 5 GRIEVANCE PROCEDURE 5.01 Grievances shall be submitted in writing by a designated Union representative to the Grievor s immediate Manager within ten (10) working days of the alleged violation Should a grievance not be addressed to the satisfaction of the aggrieved employee or Union at this step within 10 workings days, the Union will present the grievance to the Division Head of the respective Department If the Union is not satisfied with the decision of the Division Head, it may within seven (7) working days following the reply, submit the grievance to the Head of Human Resources, or a delegate mutually agreed upon, who shall hear the grievance within fifteen (15) working days and render a decision within ten (10) working days following the hearing Should a grievance not be addressed to the satisfaction of the aggrieved employee or the Union the grievance will be referred to the Arbitration process as required by the Ontario Labour Relations Act within 30 days of submission of the grievance to the Division Head of the respective Department The time limits described in the preceding three (3) clauses may be extended or overridden by mutual agreement of the parties. ARTICLE 6 EMPLOYEE CLASSIFICATIONS 6.01 Employee: is a person employed on a full-time basis in a classification not excluded from the Bargaining Unit under Article 4.01 or by the Ontario Labour Relations Act Probationary Employee: is one hired with the intent of filling a full-time position in a classification not excluded from the bargaining unit under article 4.01 or by the Ontario Labour Relations Act who before being advanced to the status of Employee must undergo a period of probation of six (6) months duration, during which time his/her qualifications and suitability for continuing employment can be determined. During this probationary period they shall not be considered as having full-time status and shall not be entitled to any of the rights and privileges accruing to full-time employees unless indicated in a specific clause, nor shall they have recourse to Article 5 in regards to termination of employment Temporary employee is: A person hired to work on a full-time or part-time basis to complete the term of any vacancy caused by an employee s absence from his/her position, or, a person hired to fill a temporary position of up to eighteen (18) months, in a classification not excluded from the bargaining unit under Article 3.01 or by the Ontario Labour Relations Act. 5 P age

6 During this period of time they shall not be entitled to any of the rights and privileges accruing to full-time employees unless indicated in a specific clause, nor shall they have recourse to Article 4 in regards to termination of employment. A period of at least two (2) consecutive months must elapse before a temporary employee can be hired for a further term into the same position. In the event a temporary employee is awarded employee status in the same job classification with no break in service, he/she shall not be required to fulfill a second six (6) month probationary period provided the employee was temporary for six (6) months or more. Temporary employees shall be eligible for salary progressions in accordance with Schedule A provided they are working full-time hours and there are no breaks in service Part-time Employee: is a person employed on a part-time basis, in a classification not excluded from the bargaining unit under Article 4.01 or by the Ontario Labour Relations Act. Part-time Employees are required to successfully complete a period of probation of nine hundred and ten (910) hours during which time his/her qualifications and suitability for continuing employment can be determined. During this probationary period they are not entitled to any of the rights and privileges accruing to Employees unless indicated in a specific clause, nor shall they have recourse to Article 4 in regards to termination of employment. A part-time employee transferring to a full-time position in the same classification shall not be subject to the probationary period above provided that the employee has satisfactorily completed his/her initial probationary period. A part time employee shall be eligible for thirteen percent (13%) of his/her regular hourly rate of pay in lieu of benefits described in Article 17. Those that enroll in OMERS, when eligible, or thereafter shall receive eight (8%) per cent in lieu of benefits The ratio of full-time employees to part-time employees within the Customer Experience Division shall be 2:1 on a per classification basis Student: is a person employed during the school vacation periods or Co-op programs for short duration not to exceed six (6) months. During this period of time they shall not be entitled to any of the rights and privileges accruing to full-time Employees unless otherwise indicated in a specific clause, nor shall they have recourse to Article 5 in regards to termination of employment. 6 P age

7 ARTICLE 7 SERVICE AND SENIORITY 7.01 Service shall be defined as the length of continuous service the employee has established with the Employer or Utilities Kingston from the date the Employee last entered the employ of the City of Kingston or Utilities Kingston. Service shall not increase during each unpaid leave of absence of three (3) calendar months or more, except where required by statute. Seniority shall be defined as the length of continuous service an employee has established with the employer in a position covered by this agreement or in a position in the IBEW 636 bargaining unit with Utilities Kingston a) Probationary employees shall not accumulate seniority except that an employee shall be granted seniority for the period served as a probationary employee upon successful completion of such probation. b) Seniority rights and accumulation of such rights shall not apply to Temporary employees and Students. In the event a temporary employee is awarded employee status with no break in service between his/her temporary and employee status, service and seniority shall be calculated based on continuous service date as a temporary employee. c) Seniority rights shall be maintained and accumulated during absence due to: i) illness or accident up to two (2) years; ii) leave of absence, when granted by the Employer; iii) unavoidable absence if satisfactorily explained on return to work; iv) during layoff of less than twelve (12) months; v) pregnancy and parental leave An Employee shall lose his/her seniority, and employment shall be terminated if an employee: i) voluntarily terminates employment with the Employer; ii) retires; iii) is discharged and the discharge is upheld; iv) is laid off for a period longer than twelve (12) months; v) has been laid off and when recalled to work she/he fails to communicate within three (3) working days regarding such notice or fails to return to work within five (5) working days; vi) is totally disabled as a result of an accident or illness and is unable to work for the employer for a period of twenty-four (24) consecutive months from the commencement of absence The Employer will compile a seniority list annually and a copy will be forwarded to the Union. 7 P age

8 ARTICLE 8 HOURS OF WORK 8.01 The regular hours of work for all employees shall be thirty-five (35) hours per week, Monday to Friday, between the hours of 0700 and Changes to work schedules under 8.01 shall be mutually agreed by the parties. A request for a change to the hours of work may be initiated by the Employer or an individual through the Union. All changes to the work schedule are subject to a seven (7) day notice period, unless mutually agreed or for emergency services Notwithstanding articles 8.01 the Employer may require Employees of the Customer Experience Division to work on Saturdays between 0700 and The Saturday schedule shall constitute part of the regular thirty-five (35) hour work week. A shift differential of $1.00/hr shall apply for regular scheduled hours on Saturdays. Whenever possible, employees who work a Saturday will be provided two consecutive days off except when not possible due to shift change. Any employee who transfers to a position through job posting or external advertisement in the Customer Experience Division after November 1, 1999 and parttime and temporary employees may be required to work Saturdays as part of a regular work schedule. Regular full-time employees within the Customer Experience Division hired prior to November 1, 1999 may be occasionally scheduled to work a Saturday, for example due to absence, vacation, bereavement leave, and shall be scheduled on the basis of reverse seniority, unless others agree to work on a voluntary basis Part time employee shall mean a person employed for up to fifty fours (54) hours per two (2) week pay period, Monday to Saturday between the hours of 07:00 and 20:00. Temporary vacancy is a vacancy for a period greater than two (2) weeks, and these hours shall not be included in the aforementioned fifty four (54) hour, two (2) week pay period There shall be a fifteen (15) minute break each half shift at a location designated by the Employer. Part time employees that work more than four hours per day shall be entitled to a fifteen (15) minute break Lunch Break shall begin no later than five (5) hours of starting time for all Employees. 8 P age

9 ARTICLE 9 OVERTIME 9.01 It is acknowledged that from time to time it will be necessary for employees to perform work outside the normal hours of work and the Employer has the right to authorize such work as required and that this clause represents consent for overtime as required by the Employment Standards Act. It is understood that opportunities for overtime will be distributed as equitably as practicable amongst qualified employees. At least twentyfour (24) hours notice will be provided for planned overtime Employees when eligible for overtime shall be compensated for such overtime at the premium rate of time and one-half except as undernoted. Time and one-half shall be paid for all overtime work performed by hourly rated employees on Saturdays, scheduled days off and for hours worked outside of daily scheduled hours with the exception of the following, when an employee will be paid double time: i) All hours worked between 2000 hours and 0700 hours any day of the week; ii) All hours worked on Sundays; iii) All hours worked after 1200 hours on Saturday An employee shall have the option of receiving overtime pay or banking the time actually worked at the applicable rate (i.e. x1.5 or x2) to a maximum of ten (10) days per year to be taken from the aforementioned banked overtime as time off in lieu of overtime pay and scheduled by mutual agreement. Any additional overtime that is worked shall be paid out as earned at the applicable overtime rate. Any lieu time remaining in the bank as of December 31st of each year shall be paid to the employee during January at the rate of pay it was banked at in the previous year The minimum call out time shall be two (2) hours at the overtime rate applicable. This shall apply to the first call-out from the employee s home, but not subsequent call-outs during a two hour period After a two hour period the minimum call out shall apply again if the employee has completed his/her assigned work and has returned home. She / He shall check with the Operator/Dispatcher, before returning home after a call-out to determine if there is further work to be done When an employee performs work during his/her lunch period, she/he shall be paid at the applicable overtime rate for the time worked up to a maximum of the length of the lunch period. This does not apply in cases where the lunch period can be extended by the equivalent time Minimum call-out pay will not apply for work which is a continuation of the work day or when the call-out is within one (1) hour of the normal starting time. Payment for such overtime will be at the appropriate overtime rate. 9 P age

10 9.08 The Employer shall provide meals to all Employees required to work two and one half (2 ½) hours after their regular shift and every four (4) hours thereafter. ARTICLE 10 STAND BY Stand By duty is defined as that duty performed by qualified employees who are required by the employer to hold themselves readily available and able to respond to calls outside normal work hours Standby duty shall be rotated amongst eligible employees It shall be a condition of employment for employees who are eligible to take Stand By duty An employee who is required to perform Stand By duty will be paid a premium rate of $2.05 per hour, effective date of ratification of this agreement for each hour of Stand By duty. This rate will be in addition to normal overtime pay. ARTICLE 11 DESIGNATED HOLIDAYS a) The following shall be recognized as public holidays: New Year s Day Family Day Good Friday Victoria Day Canada Day Labour Day Thanksgiving Day Christmas Day Boxing Day b) The following shall be recognized as paid holidays for employees: Civic Holiday (1 st Monday in August) Easter Monday c) Whenever any of the above public holidays fall on a Saturday or Sunday, it shall be observed on the following Monday, or the day set aside by Government or Local Order. 10 P age

11 11:01 (continued) (d) As many employees as possible shall be entitled to one-half day off with pay when Christmas Eve day and New Years Eve day fall on a regularly scheduled working day. Those employees that cannot be released shall be entitled to onehalf day in lieu, which may be carried over and taken in the following calendar year Employees and Probationary employees who are not normally required to work on a day observed as a designated holiday shall receive regular basic pay for the holiday, plus two (2) times the basic hourly rate for time worked on that day Part-time and temporary employees shall be entitled to pay for both public and paid holidays listed in Article and (d), in accordance with the provisions of the Employment Standards Act Should Part-time and Temporary employees work on any day observed as a holiday, they shall receive regular basic pay for the day if eligible for pay under Article 11.03, plus two (2) times the basic hourly rate for time worked on that day To be eligible to receive pay for the designated holidays, Employees and Probationary Employees must have worked the day preceding the holiday and the first day following the holiday, or be absent on authorized leave. ARTICLE 12 VACATION An employee shall be entitled to receive an annual vacation with pay in accordance with his/her employment as follows: One working day for each month of employment completed to a maximum of ten (10) working days on completion of less than one (1) year of employment; 2 weeks in the calendar year of the 1 st anniversary and each year thereafter; 3 weeks in the calendar year of the 3rd anniversary and each year thereafter; 4 weeks in the calendar year of the 8th anniversary and each year thereafter; 5 weeks in the calendar year of the 15th anniversary and each year thereafter; 6 weeks in the calendar year of the 25th anniversary and each year thereafter. All employees who currently receive vacations which exceed the above schedule shall retain their current vacation entitlement until they reach their next anniversary on the schedule and at that time continue through the above schedule Temporary and part-time employees shall be entitled to vacation allowance in accordance with the Employment Standards Act. 11 P age

12 12.03 It is agreed that employees will not accumulate vacation entitlement if absent from work for one (1) calendar month or more for any reason except for vacation, sick leave or pregnancy/parental leave The dates of such vacations shall be chosen by the employees, finally assigned and confirmed to each employee by the Manager in which the employee is working, based on work scheduling requirements. Employees shall not normally be granted more than two (2) weeks vacation during the period of June 15 th to September 15 th. Written request regarding any exception to this clause will be considered by the employee s immediate Supervisor Changes to the vacation schedule will be considered in the following circumstances: a) such time off is consistent with the employer s work scheduling requirements; b) requests for vacation changes in excess of one day must be made at least one week in advance to the employee s immediate supervisor; and c) for requests of vacation changes of one day or less for compassionate or business reasons, notice must be given to the employee s immediate supervisor as soon as possible Employees may carry over up to a maximum number of ten (10) days vacation into the following vacation year with the approval of the employer. 12 P age

13 ARTICLE 13 SICK LEAVE The accumulation of employee s sick leave will be at the rate of 1.5 days per month for each month of service commencing with the first full month of service and continuing to the final month of service, provided the employee works 15 or more days in the final month. Employees will not accumulate sick leave if absent from work for two (2) calendar months or more except in the case of pregnancy/parental leave A statement of the employee s sick leave will be given to the employee on a yearly basis In order to be considered for leave of absence with pay due to illness, an employee shall report his/her absence to his/her Manager, or Senior CSR, before normal starting time on the first day of each absence period and each day of absence unless the absence period is known. Such leave is subject to the employee having sufficient sick leave accumulation and may be required to be supported by a medical certificate, the cost of which shall be borne by the employer. Failure to produce a medical certificate when requested shall render the employee ineligible for any sick leave benefits. The employer reserves the right to a second opinion An employee may be subject to discipline up to and including dismissal if she/he reports sick and he is not sick Medical and Dental Appointments: The first twelve (12) hours in a calendar year for any leave of absence for a medical or dental appointment is paid for by the employer, and any time thereafter shall be charged to the employee s accumulated sick leave or deducted from employee s lieu time bank at the employee s discretion It is understood that the Employer will continue to pay its share of benefit premiums while an employee is in receipt of sick pay from the employer, and thereafter, if requested by the employee, such benefits will be continued provided the employee reimburses the employer for the full premium costs until employment ceases. 13 P age

14 ARTICLE 14 BEREAVEMENT LEAVE In cases of death occurring in the family of an employee he may be allowed time off with pay as follows: a) up to five (5) days in case of the death of a spouse (including same sex spouse), son, daughter, parent, step parent, stepson, stepdaughter; b) up to three (3) days in case of the death of a brother, sister, parent-in-law, or grandchild; c) up to two (2) days in the case of the death of a brother-in-law, sister-in-law, son-inlaw, daughter-in-law, grandparents and grandparents-in-law; d) up to one (1) day in the case of the death of an aunt or uncle. An employee absent without pay during the occurrence of bereavement will not be entitled to the benefits of this article. Consideration may be given to alternate arrangements with the approval of the Division Head. ARTICLE 15 LEAVE OF ABSENCE Employees absenting themselves from duty for 48 hours for any reason and without notifying their supervisor are considered to have left the service of the employer. Reinstatement in such cases is dependent upon the employee giving a reason for his/her absence satisfactory to the Department Head Leave of absence without pay may be granted to duly appointed Union representatives to deal with Union business A maximum of four (4) employees on the Union negotiating committee will be paid their normal straight time wage rate for time spent with the employer in negotiating a Collective Agreement during normal working hours, up to but not including Conciliation and thereafter. The Union may request leave without pay for an additional representative and the granting of such request will be contingent upon the operational requirements of the employer. 14 P age

15 15.04 Each employee shall be entitled to three (3) personal leave days with pay per year for personal or family matters. It is agreed that time off under this Article is subject to mutual agreement between the employee and supervisor, subject to operational requirements and shall not be unreasonably withheld. These days are not to be taken consecutively nor with pre-arranged vacation, lieu and designated holidays. These days are not cumulative year to year. These days are not eligible for carry-over into the following calendar year, nor eligible for payout. These days shall be prorated for any absence in excess of thirty (30) days, (excluding pregnancy, adoption or parental leaves), and during an employee s first year of employment, and during his/her final year of employment, (one day for every four complete months of service) in the event the employee leaves prior to August 31 st The employer shall grant leave of absence without loss of seniority to an employee who serves as a juror or witness in any court. The employee will advise the employer immediately upon receipt of Jury Service notice and present proof of Jury service. Provided the employee reports for work on any days or half-days he/she is not required as a juror, or, required to remain in the court room, the employee shall receive regular pay from the employer and the payment he/she receives for jury service or court witness for each day served, excluding payment for travel, meals or other expenses shall be submitted to the employer. ARTICLE 16 PREGNANCY, ADOPTION AND PARENTAL LEAVE Upon written request, employees shall be granted leave of absence without pay and without loss of seniority for pregnancy, adoption or parenting as set out in the Employment Standards Act Supplementary Maternity/Parental Benefit: Notwithstanding the provisions contained in the previous clause, this plan provides that an employee on leave of absence as set out above and who is in receipt of Employment Insurance Maternity or Parental Benefits pursuant to the Employment Insurance Act, shall be paid a Supplementary Employment Benefit. That benefit will be equivalent to the difference between 75% of the employee s regular earnings and the sum of the weekly Employment Insurance Maternity or Parental Benefit and any other earnings. Such payment shall commence following completion of the Employment Insurance waiting period and receipt by the employer of the employee s Employment Insurance cheque stub as proof that the employee is in receipt of such benefits to a maximum of twenty (20) weeks. The employee s regular weekly earnings shall be determined by multiplying their hourly rate on their last day worked, prior to the commencement of the leave, times their normal weekly hours. 15 P age

16 ARTICLE 17 WSIB All employees shall be covered by the Workplace Safety and Insurance Act and the regulations of the Workplace Safety and Insurance Board. An employee, prevented from performing his/her regular work with the employer as a result of an occupational injury or illness which is covered by the Act and which is approved by the WSIB shall continue to receive his/her net pay at the time of the injury/illness from the employer during the duration of the claim, or to a maximum of one (1) year provided that he remains eligible for benefits under the Workplace Safety and Insurance Act. All moneys received by the employee from the WSIB for this period will be turned over to the employer. Those employees who refuse to participate in the WSIB rehabilitation programs shall not be eligible for pay or benefits from the employer. In accordance with the Workplace Safety and Insurance Act, Employees injured at an age of less than 63 will cease to receive loss of earning benefits at age 65. Employees who are age 63 or more at the time of their injury will be entitled to WSIB benefits for a maximum of two (2) years The employee agrees to reimburse the employer for moneys received from the employer during the period of absence if the employee fails to pursue his/her claim under the Act or if the employee s claim under the Act is unsuccessful The employer agrees to pay its share of the benefit premium costs during the aforementioned period of one (1) year where an employee is absent due to an accident which is covered by the Workplace Safety and Insurance Act Notwithstanding the previous clauses the parties agree that there shall be no accumulation of vacation and sick credits earned during the period of absence beyond the aforementioned one (1) year. 16 P age

17 ARTICLE 18 HEALTH PLANS The employer agrees to pay the premiums to provide the following benefit plans or their equivalent: a) Ontario Employer s Health Tax (100%) b) Semi-private Hospitalization (100%) c) Extended Health Care Plan: Eye wear coverage - $400/24 months Eye Examination - $125.00/24 months for those 19 years of age & over Deluxe out of Province coverage plan (60 days) Mandatory Generic Drugs unless prescribed otherwise by the attending physician. Paramedical services - a maximum of $600.00/per practitioner per year, for o Physiotherapy, Psychologist, Masseur, Speech Therapy, Chiropractor, Osteopath, Naturopath, Podiatrist, Dietician d) Manulife Dental plan, or its equivalent, based on a one year lag to the ODA fee schedule. Nine month recall for Insured s age 18 and over. Effective January 1, 2016 the maximum claim allowed for drug dispensing fees shall be nine dollars ($9.00) An orthodontic rider is to be provided on the following basis: The Employer will contribute one hundred (100%) percent toward the monthly premium with a fifty/fifty (50/50) cost share basis between the Employer and Employee to lifetime maximum of two thousand dollars ($2,000) per covered person The employer shall have a Long Term Disability Plan with a monthly benefit equal to 70% of the employee s basic monthly rate with a $3, per month maximum benefit. The employer will pay 100% of the premium cost for the L.T.D. plan for each qualifying employee up to age 65 or upon retirement, whichever occurs first. Employees are eligible for enrolment in the plan six (6) months after their employment date. Those employees of the former Public Utilities Commission who elected not to participate in the LTD plan continue to be ineligible for enrollment. 17 P age

18 18.03 The employer agrees to continue to pay premiums for Manulife Semi-Private Hospital coverage, Extended Health Care Plan and Dental Plan until age seventy (70) for employees who retire before normal retirement age and who are in receipt of an O.M.E.R.S. pension Employees shall be included in these plans at the first enrolment opportunity Full time employees that are granted approval to work reduced hours shall pay a corresponding percent of the monthly premiums to maintain benefit plan coverage under Article 18. (Example: An employee is granted approval to reduce hours by 10% (1 day in 10), shall pay 10% of the monthly premiums to maintain his/her benefit plans). ARTICLE 19 PENSION AND INSURANCE All employees with six (6) months service with the employer shall participate in the employer s group life insurance plan, subject to the terms and conditions of the insurer s policy. (Note: The Employer has provided a copy of the Master Policy to the Union on June 19, 2008, which defines the terms and conditions of the life coverage and the Employer agrees that this article applies to part-time employees) All employees shall participate in the Employers Pension Plan in accordance with O.M.E.R.S. regulations. Part-time and Temporary employees shall be considered as other than continuous full time for the purposes of enrolment, and shall be eligible for O.M.E.R.S. in accordance with O.M.E.R.S. regulations. In accordance with the O.M.E.R.S. Act and Regulations, contributions to O.M.E.R.S. shall be made until an Employee reaches 35 years of credited service or attains age 71. ARTICLE 20 CLOTHING AND EQUIPMENT The employer shall provide all tools, clothing, footwear and equipment required by the Occupational Health and Safety Act for safety and the performance of the work assigned to all employees. The Employer and Employees shall be jointly responsible for the maintenance and care of any tools, equipment and clothing that is issued Employees shall not generally be required to utilize their personal vehicles or equipment for the purpose of conducting the employer s business. In the event that employees do agree to use their personal vehicle the corporate mileage rate will apply. 18 P age

19 ARTICLE 21 JOB POSTING When the employer decides to fill a bargaining unit vacancy or a first line supervisory vacancy it shall be posted for not less than six (6) working days Employees who are successful applicants for Temporary assignments will maintain their employee status and return to their previous position on completion of the assignment, or, no later than eighteen (18) months, with the exception of vacancies created as a result of an employee s absence. Those awarded Temporary assignments shall be paid at that job rate Employees who are seconded to a position shall maintain their employee status and return to their previous position on completion of the assignment. The rate of pay shall be that rate of pay of the regular classification Temporary vacancies/jobs of less than two (2) months shall not be posted Where applicants apply for posted positions, the position will be awarded based on the ability, performance and qualifications of the employee(s) concerned. Where two or more applicants are equal based on the above factors, seniority shall govern In the interests of efficiency, nothing in this section shall prohibit the employer from temporarily filling the vacancy or new position in the bargaining unit during the posting period The Employer is not restricted in choosing members of the bargaining unit should suitable application from the bargaining unit not be received An employee, who is successful in a competition for a position covered by this Agreement, shall have a trial period of two (2) months, during which time both parties shall evaluate suitability. If in the opinion of either party the arrangement is considered to be unsuitable, either party may exercise the right to return the employee to his/her previous position, and in the event that position has been filled, he/she shall also be returned to his/her previous position. 19 P age

20 ARTICLE 22 ACTING PAY An employee assigned by the Employer to perform supervisory duties or assigned to replace a Supervisor or first line Manager shall receive an additional 12% above the employee s basic rate of pay An employee temporarily assigned the work in a classification higher than his/her own shall receive the rate of pay of the assigned classification but not less than his/her normal rate of pay in his/her current classification. ARTICLE 23 COMMITTEES The parties agree to maintain a Joint Health and Safety Committee and to abide by the requirements of the Occupational Health and Safety Act and the Employer s Health and Safety Policies as well as the guidelines and procedures of a recognized Industrial Safety body for a particular work unit The parties agree that a joint Management/Union Internal Equity Committee shall be made up of up to two (2) management members and two (2) Union members appointed by Management and Union respectively. This committee shall evaluate all new bargaining unit positions, and when mutually agreed, any other position, in accordance with the terms of reference of the Committee The parties will recognize a joint Labour/Management committee consisting of representatives of the Bargaining Unit and a Business Representative, if requested, and representatives of the employer. This committee will meet on a monthly basis or any other schedule that may be mutually agreed to The Unit Chairperson of the Union or the Business Representative of the Union shall be responsible for assignment of members to represent the Union on any committee. ARTICLE 24 DISCIPLINE Disciplinary documentation shall not be used against an employee after twenty four (24) months, provided there has been no similar and/or other infraction. 20 P age

21 ARTICLE 25 GENERAL In the event of a layoff, the parties will meet and discuss the most effective means of downsizing. The general principle will be the last employee hired shall be the first employee laid off, provided the remaining employees have the qualifications and ability to do the job Any employee who reports for duty with his/her ability impaired by alcohol or illegal drugs, or who brings intoxicating beverages into or on any premises or vehicle of the employer, or who partakes of intoxicating beverages or illegal drugs or has such substances in his/her possession while on duty, shall be subject to suspension or dismissal from employment of the employer. This clause shall be interpreted in accordance with the Ontario Human Rights Code Work that conflicts with the interests of the Employer cannot be performed by employees covered by this Collective Agreement An employee has a right to view their personnel file. A request to view the personnel file must be made through the employee s immediate supervisor to Human Resources. A mutually agreeable time will then be set up to view the personnel file in the presence of Human Resources staff State of Emergency In the event of a declared state of emergency affecting the City of Kingston that requires call-in/scheduling of employees, employees covered by this Agreement shall make every effort to report for duty when called. The order of call-in shall be Senior CSR and then the remaining CSRs by seniority. By mutual agreement between the Employer and the Union, Employees may be required to work in areas other than their regular job. Employees also agree to participate in training sessions that are meant to prepare employees to work under a state of emergency. 21 P age

22 WAGE SCHEDULE Classification Progression Period 2018 (1.3%) 2019 (1.3%) Customer Service Representative Senior months months months months Start P age

23 IN WITNESS WHEREOF the parties hereto have affixed the signature of the proper Officers in execution of this Agreement. Signed at Kingston, Ontario this ";l~-t.\") day of ft\~1t.c.:~, THE CORPORATION OF THE CITY OF KINGSTON LOCAL UNION 636 THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, (representing employees of this Collective Agreement): Suslness Representative gl!/l~/~c.::.f~ /-. 'A,,._ r;:j GPE""~ / / - ~ ~ ~ I' ~ J < ~.--e;,;#1( ~ Y:-0-...;:" 23 I P age

24 LETTER OF UNDERSTANDING Training Plan for Full Time CSRs 24 P age

25 -:rt Signed at l<lnsston, Ontarfo this M.:.. day of feloty.d. {:\ For the Union: For the City: 1 g ~ tjuz1( Q Roberge, (lrector Human Resources ct Organization Relations & 25 I P age