COLLECTIVE AGREEMENT THE CORPORATION OF THE TOWN OF ORANGEVILLE. (hereinafter referred to as the Corporation ) -and-

Transcription

1 COLLECTIVE AGREEMENT BETWEEN: THE CORPORATION OF THE TOWN OF ORANGEVILLE (hereinafter referred to as the Corporation ) -and- THE ORANGEVILLE PROFESSIONAL FIREFIGHTER S ASSOCIATION LOCAL 4328 (hereinafter referred to as the Association ) Duration: January 1, 2009 to December 31,

2 TABLE OF CONTENTS Article Description Page 1 Purpose 3 2 Recognition and Scope 3 3 Management Rights 4 4 Salary 5 5 Lieu Days 10 6 Lieu Day Pay 10 7 Seniority 11 8 Notice of Vacancies and New Positions 12 9 Hours of Work Overtime Annual Vacation Paid Sick Leave Short Term Disability Long Term Disability Health and Dental Benefits Pensions Private Vehicle Expense Out of Pocket Expense Compassionate Leave Discrimination Uniforms Jury or Witness Duty Layoffs Discipline Grievance Procedure Indemnification Association Business Technological Change Association Dues No Contracting Out Pregnancy/Parental Leave Duration 27 Letter of Understanding Vacation Scheduling 28 Schedule A Vacation Scheduling 29 Schedule B - Uniforms 31 2

3 Article 1 Purpose 1.01 The purpose of this Agreement is to establish and maintain working conditions, hours of work, remuneration, and other matters with respect to firefighters covered by this agreement and to provide for a prompt and orderly method of settling grievances which might arise hereunder This Agreement sets forth the entire Agreement on remuneration, hours of work, and other matters. Amendments to this Agreement shall only be made in writing on the agreement of both parties 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 this Agreement so requires. Article 2 Recognition and Scope 2.01 The Corporation recognizes the Orangeville Professional Firefighter s Association, through its duly elected Executive, as the sole bargaining agent for all full time firefighters as defined under Part IX of the Fire Protection and Prevention Act, 1997, employed by the Corporation, except the Chief, Deputy Chief, and Administrative Staff The Corporation agrees to acquaint new firefighters with this agreement and the conditions of employment as set out in the Agreement. 3

4 Article 3 Management Rights 3.01 The Association recognizes and acknowledges that the management of the Orangeville Fire Department and direction of the working forces are fixed exclusively with the Corporation and without restricting the generality of the forgoing; the Association acknowledges that it is the exclusive function of the Corporation to: (a) Maintain order, discipline and efficiency; hire, retire, assign, direct, promote, demote, classify, transfer, layoff, recall and, to suspend, discharge or otherwise discipline firefighters subject to the right of the firefighters who have successfully completed their probationary period to grieve any discipline on the basis of just cause; (b) Make and enforce and alter from time to time rules and regulations to be observed by firefighters; (c) Have the sole and exclusive jurisdiction over all operations, buildings, facilities and equipment. 4

5 Article 4 Salary 4.01 The following chart outlines the salary structure: Firefighter Jan. 1/09 Jun. 1/09 Oct. 31/09 Jan. 1/10 Jun. 1/10 Oct. 31/10 Jan. 1/11 Jun. 1/11 Oct. 31/11 Captain (115%) 84,880 85,899 86,930 87,973 89,028 90,275 91,358 92,454 93,749 Chief Fire Prevention Officer 84,880 85,899 86,930 87,973 89,028 90,275 91,358 92,454 93,749 (115%) Training Officer (115%) 84,880 85,899 86,930 87,973 89,028 90,275 91,358 92,454 93,749 Fire Prevention Officer 78,238 79,177 80,126 81,088 82,061 83,210 84,209 85,219 86,412 (106%) Fire Prevention Inspector 73,809 74,695 75,591 76,498 77,416 78,500 79,442 80,395 81,521 (100%) 1st Class (100%) 73,809 74,695 75,591 76,498 77,416 78,500 79,442 80,395 81,521 2nd Class (90%) 66,428 67,226 68,032 68,848 69,674 70,650 71,498 72,356 73,369 3rd Class (80%) 59,047 59,756 60,473 61,198 61,933 62,800 63,554 64,316 65,217 4th Class (75%) 55,357 56,021 56,693 57,374 58,062 58,875 59,582 60,296 61,141 Probationary (6 month) (65%) 47,976 48,552 49,134 49,724 50,320 51,025 51,637 52,257 52, Employees will be paid every two (2) weeks, via direct deposit Acting Captains shall be paid at the Captain s rate for each shift or part shift worked as Captain. 5

6 4.04 Each full time firefighter must serve a compulsory six (6) month probationary period. To qualify for re-classification from firefighter on probation to Fourth, Third, Second, or First Class firefighter respectively, a firefighter must pass a written and practical examination. If a firefighter fails to pass, he shall be reexamined no later than ninety (90) days from the receipt of the results An average grade of seventy percent (70%) must be obtained on the written and practical sections of the examination Both the written and practical examination may be on several subject areas. A firefighter who failed to obtain a grade of seventy percent (70%) on a section, but had an overall average on both sections of seventy percent (70%) or higher, shall be re-examined only on the failing section where the firefighter s grade is less than seventy percent (70%) Where examinations are required, notice shall be posted not less than ninety (90) days prior to the examination date. Included in the notice shall be the date, time and location where the examination will be administered. In addition, the notice shall identify, as specifically as possible, the materials that the firefighter needs to review to prepare for the examination The Corporation shall make available the study material, ninety (90) days prior to the exam date Employees who do not attain a passing score on the initial examination shall be afforded the opportunity to review their test with the Fire Chief or his designate so that the employee may identify the area(s) requiring added attention to improve his grade. After the review, an employee may request to write subsequent examinations to attempt a passing grade no later than thirty (30) days from the receipt of the results In the event that a firefighter does not pass the re-test, he shall be afforded the opportunity to meet with the Fire Chief or his designate, and a member of the Executive to discuss further options. 6

7 4.11 The employees will write their classification exams within thirty (30) days prior to their anniversary date Each firefighter shall serve a period of at least one (1) year in each of Fourth, Third, Second class classifications, prior to upgrading to the new classification In the event of a re-examination, the new classification shall commence upon successful completion of the re-examination Any firefighter hired after January 15, 2005 shall start at the rank of Probationary firefighter and follow the re-classification process outlined in this Agreement. In the event that the Corporation hires a firefighter with previous full time experience, he may start at his previous classification, up to and including First Class. While the individual may be paid at his classification rate, he must serve a compulsory probationary period of six (6) months (1) Each member that has attained the rank of First Class Firefighter or above, shall receive experience pay. To be eligible for experience pay, an employee must meet the following criteria: (a) have attained the rank of First Class Firefighter or above, and (b) have attained the required years of service as First Class Firefighter or above with the Town of Orangeville (see table below), and (c) undergo an annual physical examination by a qualified medical practitioner that confirms medical suitability for their position and submit note to the Chief. All costs are the responsibility of the association member. 4.15(2) Effective January 1, 2009, the base salary of each member of the Association will be adjusted as follows: In the year an employee completes eight (8) years of service, an additional one (1) % of the Full Time Fire Fighter s salary. In the year an employee completes seventeen (17) years of service, an additional two (2) % of the Full Time Fire Fighter s salary. 7

8 In the year an employee completes twenty-three (23) years of service, an additional three (3) % of the Full Time Fire Fighter s salary. Effective January 1, 2010, the base salary of each member of the Association will be adjusted as follows: In the year an employee completes eight (8) years of service, an additional two (2) % of the Full Time Fire Fighter s salary. In the year an employee completes seventeen (17) years of service, an additional four (4) % of the Full Time Fire Fighter s salary. In the year an employee completes twenty-three (23) years of service, an additional six (6) % of the Full Time Fire Fighter s salary. Effective January 1, 2011, the base salary of each member of the Association will be adjusted as follows: In the year an employee completes eight (8) years of service, an additional three (3) % of the Full Time Fire Fighter s salary. In the year an employee completes seventeen (17) years of service, an additional six (6) % of the Full Time Fire Fighter s salary. In the year an employee completes twenty-three (23) years of service, an additional nine (9) % of the Full Time Fire Fighter s salary (3) Experience pay will qualify as pensionable earnings and be included in calculating overtime, recalls, statutory holiday pay, maternity or parental leave entitlements, court time and WSIB benefits; All Firefighters joining the Town of Orangeville Fire Department will be eligible for experience pay only for service with the Town of Orangeville Fire Department (excluding volunteer service), unless otherwise jointly agreed by the Chief and the Association; Amounts paid under this Article will be added to the member s base end rate salary and will form part of the Full Time Fire Fighter s regular annual salary for the purpose of determining the hourly rate where the payment of an hourly rate is applicable under the Collective Agreement. It is understood that this hourly rate will be included as a pensionable earning as defined by OMERS and will be used to calculate all entitlements under the Collective Agreement that are presently calculated on the basis of the Full Time Fire Fighter s hourly or regular annual salary. 8

9 Experience pay will be based on the First Class Firefighter rate of pay and the grid percentage increases are non-cumulative. For example, the experience pay at one level shall not be compounded with the experience pay at any other level; With the exception of W.S.I.B, no Firefighter shall receive experience pay while off for medical reasons that exceed fourteen (14) calendar days. No experience pay is payable to a member for the period of the time they are on suspension without pay for disciplinary reasons. Experience pay will commence on the anniversary date that the Firefighter attains the requisite service for each level of the experience pay grid. For , the anniversary date is based on service identified in the following table: Employee Number Employee Name Hire Date Earliest Service Pay Eligibility Date Based on 8 years of service 3232 Sean Pryce May 05, 2000 May 05, Del Godin March 05, 2001 March 05, Dwight Van Alstine March 05, 2001 March 05, Michael Richardson November 02, 2003 November 02, Tom Gillies November 02, 2003 November 02, Dave Pater November 02, 2003 November 02, Bruce Beatty November 02, 2003 November 02, Colleen Adams November 02, 2003 November 02, Justin Foreman November 02, 2003 November 02, Frank Myers September 13, 2004 September 13, Shane Cunningham April 06, 2005 April 06, Timothy Snider April 07, 2005 April 07, Jeff Thompson April 30, 2008 April 30,

10 Article 5 Lieu Days 5.01 Firefighters shall be entitled to twelve (12) lieu days for the following holidays: New Year s Day Family Day Good Friday Easter Monday Victoria Day Canada Day Simcoe Day (Civic Holiday) Labour Day Thanksgiving Day Remembrance Day Christmas Day Boxing Day And any other statutory holiday declared by the Governor General of Canada, the Lieutenant Governor of Ontario or any other holiday otherwise provided by the Corporation to its municipal employees under the Corporation policy Firefighters who are assigned to the Monday to Friday shift schedule shall not be entitled to Such firefighters shall be entitled to the day off with pay on the holidays listed in If the Chief or his designate directs the firefighter to work the holiday, he would be entitled to a day off with pay to be scheduled at a mutually agreed upon time. Article 6 Lieu Day Pay 6.01 All Lieu Days may be scheduled on a first-come, first-served basis, and may be used at any time during the calendar year as long as staffing levels permit All Lieu Days must be taken as time off as prescribed in Article 6.01 and no payments will be made for any Lieu Days not taken as time off unless authorized by the Chief and his designate. 10

11 6.03 To be entitled to a day off for a Holiday occurring in the calendar year in which they are hired, firefighters must be in the employ of the Corporation on the day the Holiday actually occurs The Corporation agrees to pay a firefighter who works on a Lieu Day listed in Article 5 at the hourly rate of time and one-half for all hours worked. Note: Should a firefighter be off, due to L.T.D. or W.S.I.B. for more than one (1) year, s/he would not be entitled to the above. Article 7 Seniority 7.01 The seniority list will be determined by the firefighter s date of hire as a full time firefighter with the Corporation. In the event that more than one firefighter has the same date of hire, seniority will be determined by drawing names. The names will be drawn by the Fire Chief or his designate and witnessed by an elected member of the Association. The draw will take place prior to the firefighter s first day of work The seniority list will be provided to the Association A firefighter shall lose seniority and shall be deemed to be terminated if he: (a) Quits; (b) Is discharged and not reinstated under the terms of this Agreement; (c) Has been laid off for a period in excess of his length of seniority up to a maximum of twenty-four (24) months; (d) Fails to notify the Corporation within three (3) calendar days, exclusive of Saturday, Sunday and holidays, of receipt of notice of recall and report to work within seven (7) calendar days from receipt of such notice. Notice of recall may be by telephone or by registered mail to a firefighter s last address registered to the Corporation. If the notice is by registered mail, it shall be deemed to have been received on the second day following registration; 11

12 (e) Utilizes any leave of absence for purposes other than for which the leave was granted, or fails to return to work after expiration of a leave of absence without providing reason satisfactory to the Corporation; (f) Subject to the Corporation s obligations under the Ontario Human Rights Code and the Workplace Safety and Insurance Act, a firefighter incapable of performing the essential duties of his job. Article 8 Notice of Vacancies and New Positions 8.01 Vacancies and/or new positions will be advertised internally within Local 4328, by written notice. Salary, job duties and qualifications will be outlined in the written notice, which will be posted for a minimum of seven (7) calendar days Where the Corporation determines that there are no qualified internal applicants, the Corporation may consider outside applicants. Article 9 Hours of Work 9.01 Hours of work shall be scheduled at the discretion of the Fire Chief or his designate. The Corporation agrees to consult with the Association before changing the hours of the work schedule. The Corporation shall give ninety (90) days notice of any changes to the hours of work schedule. This timeline can be waived at the Association s discretion Subject to 9.01, the Corporation may change the work schedule without the agreement of the Association only once per calendar year. An additional change to the work schedule in the same calendar year requires the agreement of the Association. 12

13 Article 10 Overtime In the event a fire fighter on regular duty is required to continue working beyond his regular scheduled shift, s/he shall be paid as follows: (a) First hour of overtime is paid at straight time. The remaining overtime is paid at time and a half. (b) For other overtime situations, including Article 10.04, the first hour is paid at straight time and the balance is paid at time and a half. This does not apply to Article When off duty, a firefighter may respond to all toned out emergency calls and be paid a minimum of one (1) hour at time and one half for each toned out call If an off duty fire fighter responding to a toned out call, does not respond to the emergency scene on a fire department apparatus, that employee shall stand by at the station until (a) Stand-by personnel are cleared by Command Firefighters who attend training sessions that fall on off-duty hours will be paid a minimum of two (2) hours pay at time and one-half Overtime shall be paid every two weeks, on the firefighter s next regular pay cheque Overtime will be calculated in fifteen (15) minute increments. Should a firefighter work beyond a fifteen (15) minute increment, overtime shall be rounded up to the next fifteen (15) minute increment. 13

14 Article 11 Annual Vacation Annual vacation with pay shall be granted to each firefighter based on the following schedule. Time for such leave shall be agreed on between the Fire Chief or his designate and the individual, so that it does not interfere with the proper functioning of the Department. The twelve (12) month period hereinafter used for the calculation of the amount of vacation to which a firefighter is entitled shall commence January 1 st and terminate December 31 st of each year Effective January 1, where a fire fighter has completed the stipulated service, he shall be entitled to paid vacation based on the following schedule: Completed Service Less than 1 full year of service, but after 6 months probationary period Entitlement 1 day of vacation per completed month of service for that year following the probation period 1 full year of service 2 tours of duty 5 full years of service 3 tours of duty 10 full years of service 4 tours of duty 15 full years of service 5 tours of duty 22 full years of service 6 tours of duty Vacation scheduling shall be done in accordance with Schedule A. Note: Should a firefighter be off, due to L.T.D. or W.S.I.B. for more than one (1) year, he would not be entitled to the above. 14

15 Article 12 Paid Sick Leave (a) Each firefighter shall be entitled to a maximum of six (6) sick days with pay in any calendar year for incidental sickness or accident. (b) The sick days shall be non-cumulative except as otherwise stated in Article Employees who do not use all of their sick leave entitlements shall be entitled to carry over unused sick days as follows: (a) Two (2) sick days to be used as sick days in the following calendar year such that the maximum number of sick days per calendar year shall be no more than eight (8) days. (b) All other unused sick days which are not otherwise carried over under subparagraph (a) may be credited as one half vacation day per unused sick day to be scheduled in accordance with the provisions of the collective agreement the following calendar year. (c) Employees who do not elect to carry over unused sick days in accordance with (a) or (b) above will receive $100 per unused sick day Where no one at home, other than the firefighter, can provide for the needs of an immediate family member of his family during an illness, a firefighter shall be entitled, after notifying the Fire Chief or his Designate, to use one (1) sick day to make arrangements for the care of the member of the family who is ill Sick days may be used for Doctor s appointments, x-rays, etc. if the firefighter wishes to do so. However, where possible, firefighters shall make appointments so as not to interfere with the regular shift. Arrangements shall be made with the Fire Chief or his Designate in advance. 15

16 Article 13 Short Term Disability The Short Term Disability entitlement shall be the same entitlement as provided for under the Corporation s Policy. Any changes to the Corporation s Policy shall immediately apply to this section Firefighters are provided with income replacement pursuant to if they become disabled and are unable to work due to non-occupational injuries and illnesses Benefits shall not be payable if suitable modified work that is within an employee s functional abilities is available The Corporation reserves the right to require an employee to undertake a medical examination by a medical practitioner selected by the Corporation, at no cost to the employee. Failure on the part of an employee to comply with this requirement will disqualify the employee from eligibility for benefits Once approved, benefits shall commence on the first (1 st ) day of disability due to accident or surgical procedures performed in hospital/day surgery, hospitalized overnight or approved dental surgical procedures performed in a hospital or dental office and on the fourth (4 th ) day of disability due to sickness In any case of prolonged illness, the employee shall be required to submit periodic medical reports to the administrator on his condition or continuation of benefits may cease Successive absences from work due to the same disability will be considered to be in the same period of disability unless separated by ten (10) consecutive working days Short Term Disability benefits shall not be payable for any period of disability which occurs: 16

17 (a) During any period of pregnancy or parental leave taken by an employee pursuant to provincial or federal law or other leave taken by an employee pursuant to mutual agreement between the employee and the employer. (b) As a result of intentionally self-inflicted injuries while sane or any selfinflicted injuries while insane. (c) During war, service in the armed forces, or participation in a criminal act. (d) As a result of plastic surgery solely for cosmetic purposes except where attributable to illness or injury Level of Short Term Disability Benefits: Employee s Length of Service Based on Start Date 100% Salary 75% Salary Less than 1 year 1 week 16 weeks 1 year but less than 2 years 2 weeks 15 weeks 2 years but less than 3 years 3 weeks 14 weeks 3 years but less than 4 years 4 weeks 13 weeks 4 years but less than 5 years 5 weeks 12 weeks 5 years but less than 6 years 7 weeks 10 weeks 6 years but less than 7 years 9 weeks 8 weeks 7 years but less than 8 years 11 weeks 6 weeks 8 years but less than 9 years 13 weeks 4 weeks Over 9 years 17 weeks 0 weeks In the event of a dispute between the parties regarding the application of this provision, the parties agree to meet to discuss the issue before filing a grievance. Article 14 Long Term Disability The Corporation will pay premiums for a long term disability plan for employees who continue to be disabled beyond the length of coverage by short term disability benefits to provide the firefighter with 75% of his salary to a maximum of $6,000 per month. Employees wishing to be considered for long term disability benefits shall follow the application process established by the insurance company. The Corporation accepts no responsibility for the decision made by the insurance company to deny or grant long term disability benefits. 17

18 14.02 Coverage under this plan ceases on the date the employees ceases to be employed by the Corporation, or on the date he reaches the age of sixty-five (65), whichever occurs first The insurance carrier must be notified within thirty (30) days after the date an employee becomes totally disabled The application must be submitted within ninety (90) days from the date the employee becomes entitled to benefits Employees are encouraged to contact OMERS for information regarding the impact of a disability-related absence under the terms of the pension plan. Article 15 Health and Dental Benefits (a) The Corporation agrees to pay on behalf of all members and their eligible dependents, the full cost of the premiums associated with the Town s general benefits. (b) The parties agree that this Policy may be amended from time to time and agree that any changes (increases or decreases) in the benefit entitlements under this policy will be equally applicable to the bargaining unit members. Article If a firefighter requires a PSA Lab Test that is not covered by the provincial health plan, the employer agrees to re-imbursement not to exceed $36.00 once every two years upon receipt of lab invoice to the Fire Chief or his designate. Effective January 1, 2011, re-imbursement not to exceed $36.00 annually. 18

19 Article 16 Pension Every full time firefighter shall join the OMERS plan and the Corporation shall make contributions to the plan as required under the plan. Article 17 Private Vehicle Expense When a firefighter is directed by the Fire Chief or his designate to use his automobile in the performance of his duties, he shall be paid mileage in accordance with the Corporation s Policy. Article 18 Out of Pocket Expense When a firefighter is required, by reason of trips outside the Municipality on departmental work, the Corporation shall pay for meals, accommodation, and other incurred expenses in accordance with the Corporation s Policy. Article 19 Compassionate Leave A firefighter shall be entitled to five (5) consecutive days away from work from the date of the death of a spouse, siblings, child, step-child, or parent A fire fighter shall be entitled to three (3) days away from work from the date of the death of a mother-in-law, father-in-law, step-parent, grandparent and granted one (day) to attend the funeral or equivalent service for aunt or uncle If the firefighter is already off work for any reason, he shall only be entitled to the necessary paid time off from work in order to fulfill the above entitlement. 19

20 19.04 This provision may be modified at the Chief s discretion, without reducing this entitlement. Article 20 Discrimination There shall be no discrimination, restraint, or coercion against any employee by the employer or the union because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offences, marital status, same-sex partnership status, family status or disability in accordance with the Ontario Human Rights Code. Article 21 Uniforms The Corporation shall issue uniforms in accordance with Schedule B The Corporation shall provide $225 per firefighter on the first pay of June, commencing 2005, for professional cleaning of fire department uniforms. Article 22 Jury or Witness Duty Firefighters called for jury duty or subpoenaed as a Crown witness or subpoenaed as a witness in a civil or criminal proceeding shall receive for each day absent from regularly scheduled working hours, their regular wages for those hours, provided the employee remits to the Corporation any jury or witness fees received. It is agreed that this provision does not apply to arbitration proceedings. 20

21 Article 23 Layoffs Both parties recognize that job security should increase in proportion to length of service. Therefore, in the event of a lay-off, firefighters shall be laid off in reverse order of their seniority. Firefighters will be recalled in order of seniority. Article 24 Discipline If the Corporation finds it necessary to suspend or discharge a firefighter, both the firefighter and the Executive Committee of the Association shall be notified. The firefighter may request that a representative from the Association s Executive be present at the disciplinary meeting. Article 25 Grievance Procedure In this article, the word days shall exclude Saturday, Sunday, and Statutory Holidays. In this article, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the collective agreement, including any question as to whether a matter is arbitrable Notwithstanding 25.01, no grievance shall be considered where the circumstances giving rise to it occurred or originated more than seven (7) days before the filing of the grievance No more than one (1) member of the Association s Grievance Committee shall attempt to settle any grievances that arise in accordance with the grievance procedure. A second member of the Association s Grievance Committee may attend grievance meetings at the discretion of the Fire Chief or his designate. 21

22 25.04 Step 1 When a grievance occurs, the aggrieved employee(s) shall first submit the grievance to the Grievance Committee of Local The Grievance Committee may forward the grievance to the Fire Chief or his designate. The grievance shall be in writing on a grievance form and shall include the nature of the grievance, the remedy sought and the provisions of the Agreement which are alleged to have been violated. Step 2 Within five (5) days of submission of the grievance under Step 1, the aggrieved firefighter, accompanied by no more than one (1) member of the Grievance Committee shall meet with the Fire Chief or his designate to have the grievance heard. The Fire Chief or his designate shall render a decision within ten (10) days of this meeting. Step 3 Failing satisfactory settlement of the grievance in Step 2, the aggrieved firefighter together with no more than one (1) representative of the Grievance Committee of Local 4328 may submit the grievance to the C.A.O. in writing within three (3) days and the grievance shall be heard within ten (10) days of such application. A decision in writing shall be issued by the C.A.O. within ten (10) days of such meeting. Step 4 Failing satisfactory settlement of the grievance in Step 3, within twenty (20) days of the written decision of the C.A.O., the grievance may be referred in writing by either party to a Board of Arbitration pursuant to the Fire Protection and Prevention Act, Where a number of firefighters have identical grievances and each firefighter would be entitled to grieve separately, they may present a group grievance and such written grievance shall be originated under Step 1 and the time limits set out with respect to the Step shall apply Any grievance respecting the interpretation, application, administration or alleged violation of the Agreement by the Corporation or Association may be referred in writing to the responding party within seven (7) days of the occurrence or circumstance giving rise to the grievance, and the Association shall meet within five (5) days thereafter with the Fire Chief or his designate to consider the grievance. Failing satisfactory settlement of the grievance the Association may request a meeting with the C.A.O. and such meeting shall be held within ten (10) days of this request. A decision in writing shall be issued by the C.A.O. within ten (10) days of such meeting. If final settlement of the grievance is not completed within ten (10) days of this decision, the grievance may be referred, by either party, to arbitration pursuant to the Fire Protection and Prevention Act,

23 25.07 The time limits fixed in the grievance procedure are mandatory. Such time limits may be extended by mutual consent, in writing, of the parties of this agreement No matter may be submitted to arbitration which has not been properly carried through all required steps of the grievance procedure The Arbitrator shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor alter, modify, add or amend any part of this Agreement. Article 26 Indemnification Each firefighter shall be indemnified for reasonable legal costs incurred: (a) Where a firefighter has been charged with a criminal, quasi-criminal or statutory offence arising out of acts or omissions done or made by such firefighter of the Corporation, if the person is not found guilty or the charges are withdrawn; and (b) In respect of any proceeding, except grievance arbitration, in which the firefighter s execution of his duties with the Corporation is in issue, if the firefighter acted in good faith The Corporation may, at its sole discretion, choose to pay reasonable costs incurred where, in its opinion, circumstances warrant. Article 27 Association Business The Fire Chief or his designate may, at his sole discretion, grant up to seven (7) unpaid days off for Association conventions and educational seminars. Such requests to attend Association functions will be made in writing to the Fire Chief or his designate not less than two (2) weeks prior to the function. 23

24 27.02 Up to three (3) members of the Association shall form the Association s Negotiating Committee for the purpose of collective bargaining The Association shall inform the Corporation of the names of the members of the Negotiating and Grievance Committee as well as the names of the Association Executive. Article 28 Technological Change For the purpose of this agreement, the term technological change shall mean the introduction of any new machinery or equipment not previously utilized by the Corporation At least sixty (60) days prior to the introduction of the technological change, the Corporation shall, by written notice, furnish the Association with the particulars of the proposed technological change, the date upon which it is intended to be implemented and the locations involved. This timeline can be waived at the Association s discretion No change shall be made in the employment status of any employee with the Fire Department affected by technological change. Article 29 Association Dues The membership dues as set by the Association, collected by the Corporation, shall be directly deposited in the Association account every pay period. The firefighter s pay stub will show the deductions as union dues. It is agreed that all employees who are now members of the Association and all future employees shall pay Association dues The Association shall notify the Corporation, in writing within 30 days of any changes to the rates to be deducted. 24

25 29.03 In consideration of the deducting and forwarding of the Association dues by the Corporation, the Association agrees to indemnify and save harmless the Corporation against claims or liabilities arising or resulting from the operation of this Article. Article 30 No Contracting Out Unless agreed otherwise, or in the event of an emergency, no person outside of the Orangeville Professional Firefighter s Association shall perform the work customarily and regularly performed exclusively by the employees in the bargaining unit within the municipality s boundaries as of January 1, The Association recognizes the continuing current practice of the Corporation as it relates to the use of volunteer firefighters. Article 31 Pregnancy and Parental Leave Employees shall be entitled to pregnancy and/or parental leave in accordance with the provisions of the Employment Standards Act, An employee who wishes to take pregnancy or parental leave shall provide written notice to the Corporation, with documentation from a legally qualified medical practitioner indicating the expected date of delivery, where appropriate For a period not to exceed 17 weeks, or for a shorter period if the employee returns to work, employees on pregnancy leave shall be paid at a rate equivalent to the difference between the employment insurance benefits the employee is eligible to receive and 75% of her regular pay While an employee is on pregnancy or parental leave, the Corporation will continue to pay the premiums necessary to maintain extended health and dental and life insurance benefits. 25

26 31.04 The Corporation shall pay the employer share of OMERS contributions UNLESS the employee gives written notice before the leave begins of their choice NOT to pay the employee share of OMERS contributions. If the employee elects, prior to beginning the leave, not to pay the employee share of OMERS contributions, then the employer is not required to pay their share of OMERS contributions. 26

27 Article 32 Duration This agreement shall be in force and effect from January 1, 2009 to December 31, 2011 and thereafter remain in effect until replaced by a new agreement, decision or award. The Corporation or Association may give written notice of its desire to bargain with a view to making a collective agreement within ninety (90) days before the expiry date of the collective agreement. The employer and the Association shall meet within fifteen (15) days after notice to bargain is given and shall bargain in good faith and make every reasonable effort to make a collective agreement. At this meeting, the parties shall exchange their respective proposals If the expiration of the collective agreement falls in an election year, the Employer and the Association agree that the obligation to meet and bargain is extended until the February following the election. Dated in Orangeville this day of, For the Corporation For the Association 27

28 Letter of Understanding Re: Vacation Scheduling Notwithstanding Article 11.02, the parties agree that for the duration of this contract, there shall be no restriction on the allocation of tours for the purpose of vacation scheduling. Accordingly, employees shall be able to schedule vacation for four (4) or five (5) day tours without any set restrictions except as otherwise stated in the Collective Agreement. The parties agree to discuss and attempt to resolve any operational problems or increased financial costs which the Chief identifies following the expiration of the Collective Agreement. The parties agree that the set restriction on the allocation of tours shall be removed from the Collective Agreement if no such problems exist. Dated in Orangeville this day of July, For the Corporation For the Association 28

29 Schedule A Vacation Scheduling All vacation requests are subject to the approval of the Fire Chief or his designate. All vacation requests shall be submitted to the Fire Chief or his designate by December 1 st of each year to be considered in order of seniority. Only one (1) Firefighter from each shift may be scheduled to be off. Vacations shall be picked initially in groups of days representing an entire tour of duty of either four (4) or five (5) days. The Captain will make the first request for two (2) tours and then each firefighter shall be entitled to request two (2) tours. The order of firefighters scheduling vacation shall be in order of seniority. The two (2) tours scheduled may be consecutively. In the event a firefighter does not schedule all of his vacation prior to December 1 st, he forfeits the scheduling of those vacation days by seniority. Remaining vacation will then be scheduled one tour at a time in the same order until all remaining tours are scheduled. Once a firefighter has scheduled his vacation, those days are guaranteed. That firefighter shall not be bumped out of his vacation by a more senior firefighter. A deferral of vacation leave, not exceeding two (2) tours, to the following twelve (12) months may be granted to any employee by the Fire Chief or his designate. Change of Scheduling If a firefighter wishes to change the vacation that has been scheduled for that year, he may request to do so, in writing, to the Fire Chief or his designate. Changes may be permitted at the discretion of the Fire Chief or his designate provided that there is not already someone scheduled to be absent during the same period. If there is already someone scheduled to be absent, for any reason, the request to reschedule vacation shall be denied. 29

30 Rescheduling Only in exceptional circumstances, where a firefighter suffers a serious illness, will he be permitted to reschedule vacation and use sick time provided that he has not already commenced his vacation. If the vacation has commenced, a firefighter shall not be permitted to use sick time during this period. The rescheduling of vacation and use of sick time shall be at the sole discretion of the Fire Chief or his designate. Trading Vacation Firefighters may trade vacation with other members, of equal rank, in their platoon. Both members must agree to the trade and the change must be approved by the Fire Chief or his designate. 30

31 Schedule B Uniforms (a) Upon commencing employment with the Corporation, an employee shall be issued: 4 Fatigue Shirts (long or short sleeve) 4 Pairs of Fatigue Pants 1 Zip-neck sweatshirt 5 T-shirts 1 Bomber Jacket with removable liner 1 Pair of safety shoes or boots with zippers 1 Fatigue Uniform belt 1 Full Dress Uniform (upon successful completion of probationary period) 1 Winter Hat 1 Ball Cap (b) Each subsequent calendar year, an employee shall be entitled to select clothing to a value of 380 points, for the purchase of the following items and point values: ITEM POINT VALUE Fatigue Shirt 30 Fatigue Pants 40 Zip Neck Sweatshirt 60 T-Shirt 15 Bomber Jacket w/liner 200 Safety Shoes/Boots With Zipper 125 Fatigue Uniform Belt 30 Winter Hat 15 Ball Cap 20 (c) (d) Each firefighter will be issued one fatigue shirt and one fatigue pant per calendar year. All clothing must be for the use of our firefighting personnel. 31