THE CORPORATION OF THE DISTRICT OF NORTH VANCOUVER. COLLECTIVE AGREEMENT 2012 JANUARY 01 to 2019 DECEMBER 31

Transcription

1 THE CORPORATION OF THE DISTRICT OF NORTH VANCOUVER COLLECTIVE AGREEMENT 2012 JANUARY 01 to 2019 DECEMBER 31 THE DISTRICT OF NORTH VANCOUVER FIREFIGHTERS' UNION, LOCAL 1183 OF THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS

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3 COLLECTIVE AGREEMENT between THE CORPORATION OF THE DISTRICT OF NORTH VANCOUVER and THE DISTRICT OF NORTH VANCOUVER FIREFIGHTERS' UNION, LOCAL 1183 OF THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS INDEX ARTICLE PAGE 1 PREAMBLE TERM OF AGREEMENT UNION SECURITY WORKING CONDITIONS Hours of Work Postings Probationary Period Promotional Policy Rights of Employees Promoted Out of the Bargaining Unit Residence Regulations Telephone Employee Files Seniority CLASSIFICATION AND PAY Remuneration Calculation of Pay Rate Acting in a Senior Capacity Instructors Allowance Extra Shifts Call Out Overtime Extra Shifts - Training BENEFITS... 8 (i)

4 6.1 Vacations Annual Vacations While Acting in a Senior Capacity Statutory Holidays Medical Service Plan of B.C. and Extended Health Benefits Plan Dental Care Plan Group Life Insurance Municipal Pension Plan Sick Leave Plan Gratuity Plan Subrogation WorkSafeBC and Sick Leave Payments Clothing Uniform Cleaning Compassionate Leave Maternity and Paternal Leave Absence from Duty of Union Officials Occupational Health Plan Supplies GRIEVANCE AND ARBITRATION PROCEDURES Grievance Procedures Arbitration Procedures GENERAL PROVISIONS Changes Affecting the Agreement General Conditions Safety Officers Layoff and Recall Indemnification Schedules...29 SCHEDULE A...31 SCHEDULE B...35 (ii)

5 1. THIS AGREEMENT made and entered into BETWEEN: THE CORPORATION OF THE DISTRICT OF NORTH VANCOUVER (hereinafter called the "Corporation") AND: OF THE FIRST PART THE DISTRICT OF NORTH VANCOUVER FIREFIGHTERS' UNION, LOCAL 1183 OF THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS (hereinafter called the "Union") ARTICLE 1: PREAMBLE OF THE SECOND PART WHEREAS the Corporation is an employer within the meaning of the Labour Relations Code being Chapter 244 of the Revised Statutes of British Columbia, 1996; AND WHEREAS the Union is certified to bargain on behalf of all employees of the Fire Department employed by the Corporation at the District of North Vancouver, British Columbia, excepting: the Fire Chief, Deputy Fire Chief and Assistant Fire Chiefs; clerical workers and other office staff; AND WHEREAS as a result of collective bargaining between the parties for the purpose of concluding a collective agreement between the Corporation and the Union for the years 2012 and 2019, the Corporation and the Union have agreed to amend the Collective Agreement and to execute the agreement hereinafter set forth. This Agreement shall constitute the wages and working conditions for the employees in respect of whom the Union is so certified. The word "Department" when used in this agreement means the Fire Department of the Corporation of the District of North Vancouver. ARTICLE 2: TERM OF AGREEMENT This Agreement shall be for a term of eight (8) years with effect from 2012 January 01 to 2019 December 31, both dates inclusive. It is understood and agreed between the Corporation and the Union that the operation of subsections (2) and (3) of Section 50 of the Labour Relations Code are hereby excluded from and shall not be applicable to this agreement.

6 2. ARTICLE 3: UNION SECURITY All employees covered by the Union's Certificate of Bargaining Authority shall pay a monthly fee to the Union equal to the Union's monthly dues, and all employees who are at present members of the Union, and any employee who hereafter becomes a member of the Union shall, as a condition of employment, maintain their membership in the Union during the term of this Agreement. Such payment shall be made by payroll deduction. This deduction shall become effective on the first day of the month coincident with, or next following the date of appointment, but the deduction shall be made only if the employee is still in the employ of the Corporation on the final day of the first pay period in that month. Deductions shall be made in respect of all subsequent months. These arrangements shall remain in effect for so long as this Union remains the recognized bargaining authority. ARTICLE 4: WORKING CONDITIONS 4.1 Hours of Work The hours of duty for employees covered by this agreement are as follows: (c) The employees occupying positions set forth in Group 1 of the said Schedule "A" shall work an average of forty-two (42) hours per week. The Fire Prevention Inspectors and Fire Prevention Officers shall work a thirty-five (35) hour week. A variation of the weekly Hours of Work for members of the Fire Prevention and Training Offices was implemented on January 1st, The principle of amended hours is set out below. (1) The daily hours of those employees who will be required to work a four-day week, shall be nine and one-quarter (9¼) inclusive of a thirty (30) minute lunch break. (2) The daily hours of those employees who will be required to work a five-day week, shall be eight (8) with a one (1) hour lunch break. (3) Other working conditions and fringe benefits shall remain unchanged for those employees who will be required to work a four-day week, except as specifically amended by paragraphs 4 and 5. (4) Effective 2016 March 18, in lieu of the twelve (12) Statutory Holidays described in Article 6.3, each employee working a four (4) day work week shall be credited with one hundred and five (105) hours in their Statutory Holiday account at the beginning of each calendar year and, each employee working a five (5) day work week shall be credited with eightyfour (84) hours in their Statutory Holiday account at the beginning of each calendar year. Employees who transfer between a four (4) and a five (5) day work week will have their entitlements prorated to reflect the proportion of the year worked under each work week.

7 3. (5) Effective 2016 March 18, each employee shall deduct hours equivalent to their daily hours for each Statutory Holiday which falls on a regular day of work which they are not required to work. In the event the hours in the Statutory Holiday bank are not equivalent to the hours so deducted the employee shall, depending on whether they have extra hours in the bank or there were insufficient hours in their bank, either: be entitled to schedule the balance of the additional hours in the Statutory Holiday Bank as time off at a time mutually agreed between the Corporation and the employee; or, deduct time from any other accumulated time bank to cover the shortage in hours. 4.2 Postings (6) Effective 2016 March 18, a working day for each employee working a four (4) day work week is deemed to be eight and three quarter (8.75) hours for the purpose of crediting and deducting of Gratuity under Sections 1 and 2 of Article 6.9.A working day for each employee working a five (5) day work week is deemed to be seven (7) hours for the purpose of crediting and deducting Gratuity under Sections 1 and 2 of Article 6.9. (7) It is understood and agreed at the end of each calendar year there will be a joint review of the personnel records of the employees who have worked a four (4) day week in the Fire Prevention and Training Offices to ensure that such employees have neither gained nor lost benefits under the Gratuity and Sick Leave Plans as a result of having worked a four (4) day week in the Fire Prevention Office instead of a five (5) day week. Any necessary adjustment to entitlement under the Sick Leave and Gratuity Plans shall be made to the nearest hour. All new positions, all Group 2 promotions, and all Group 1 promotions which are not to be filled by appointment from an officers' pool, shall be posted for a period of fourteen (14) calendar days. Similarly, notice of all promotional exams shall be posted for a period of fourteen (14) calendar days. 4.3 Probationary Period Effective 2016 April 04: New employees shall be considered to be on a probationary basis until the completion of twelve (12) months' satisfactory service. If such person continues in the same position on a permanent basis, seniority, holiday benefits and other perquisites referable to length of service shall date back to the original date of employment. This probationary period shall be for the purpose of determining an employee's suitability for permanent employment. At any time during this period employment may be terminated if it can be satisfactorily shown the employee is unsuitable for employment.

8 4. (c) Suitability for employment will be decided on the basis of factors such as: (1) The quality of the employee s work. (2) The employee s ability to work harmoniously with others. (3) The employee s conduct. (4) The employee s ability to meet firefighting standards set by the Corporation. (d) Upon mutual agreement between the Corporation and the Union, an employee s probationary period may be extended for a period not to exceed four (4) months. 4.4 Promotional Policy With regard to promotions, it is agreed that, other things being equal, effect shall be given to seniority. 4.5 Rights of Employees Promoted Out of the Bargaining Unit In the event of an employee being promoted from a position for which the Union either had bargaining authority at the time of the promotion or subsequently obtained bargaining authority, to a position excluded from the Union s bargaining unit, and such employee being subsequently laid off or demoted, or voluntarily reverting to a position for which the Union has bargaining authority, the Corporation shall have the right, within the first six (6) months of the employee s promotion, to place such employee in the position they previously held or in any vacant position of equivalent or lower rank for which such employee is considered qualified. The employee, if so placed as the result of being laid off or demoted, or voluntarily reverting prior to the expiry of six (6) months in the position excluded from the Union s bargaining authority, shall suffer no loss of seniority and such seniority shall be their total length of service with the Fire Department. 4.6 Residence Regulations General Residence Requirements All employees must reside in the Corporation or in one of the following adjoining municipalities and must continue to reside within one of these areas while in the Corporation's employ: West Vancouver North Vancouver City of Vancouver Burnaby Coquitlam Port Moody Port Coquitlam University Endowment Lands New Westminster Village of Lions Bay

9 5. Squamish (Effective 2016 April 04) Extended Boundaries After submission of a written request and only with subsequent approval by the Fire Chief, a maximum of thirty percent (30%) of the total number of the employees may reside in the extended areas defined as follows: Richmond Delta Surrey Maple Ridge Langley Pitt Meadows White Rock (c) (d) At the discretion of the Fire Chief, a maximum of fifteen percent (15%) of the total number of the employees (rounded to the higher whole number) may reside outside of the extended areas as referenced in Article 4.6. In the event an employee residing outside of the extended boundaries as referenced in Article 4.6 is unable to report for duty as a consequence of a situation such as a road closure or a disruption of ferry service, the Union shall be required to provide coverage of that employee's shift at no additional cost to the Corporation. 4.7 Telephone Every employee covered by this agreement shall have a telephone in their residence. 4.8 Employee Files The Corporation shall notify the Union of the existence of any items which are to be included in an employee's file which might serve to jeopardize the employee's continued employment with the Department. Upon written application to the Fire Chief, an employee may review the contents of their Personnel File. Such access shall be granted within five (5) days of receipt of the written application. 4.9 Seniority Effective 2016 April 04: Subject to Article 4.3, the seniority date for an employee shall date back to the original date of employment. Where more than one employee commences employment on the same day, the order of seniority of such employees shall be determined by age. That is, the older employee will be placed on the seniority list before the younger employee.

10 6. ARTICLE 5: CLASSIFICATION AND PAY 5.1 Remuneration The scale of remuneration set out in the Schedule annexed hereto and marked Schedule "A" shall apply during the currency of this Agreement. 5.2 Calculation of Pay Rate Annual salary: Bi-weekly rate: Hourly rate: Twelve (12) times negotiated monthly salary. Divide annual salary by pay periods. Divide bi-weekly rate by two times (2x) weekly hours. 5.3 Acting in a Senior Capacity Any employee covered by this Agreement who is required to accept the responsibilities and carry out the duties incident to a position or rank senior to that which they normally hold shall be paid at the rate for the senior position or rank while so acting. 5.4 Instructors Allowance Effective 2012 November 06: When an employee is a certified instructor and has delivered a scheduled, department mandated training program while working their normal regular shift, that employee shall receive one (1) hour s pay at their classified rate for each three (3) hours of instruction. Off duty instructors shall receive one and one-half times pay for all hours of instruction, with a minimum of three (3) hours paid time. 5.5 Extra Shifts (c) Where an employee agrees to work or is required by the Corporation to work a part of a shift, a shift or shifts in excess of their scheduled work week, the employee shall, at the option of the Corporation, receive either an amount of time off equivalent to one and one-half (1½) times the number of such excess hours or pay at the rate of one and one-half (1½) times their regular hourly rate for such excess hours worked, with a minimum of three (3) hours' pay at the rate of one and onehalf (1½) times their regular hourly rate. In the event that an employee is required to attend at court for the purpose of giving evidence on a matter arising out of the performance of their duty as an employee of the Corporation, they shall, at the option of the Corporation, receive either an amount of time off equivalent to one and one-half (1½) times the number of hours so spent, or they shall receive pay at the rate of one and one-half (1½) times their regular hourly rate for all hours so spent, with a minimum of three (3) hours at the rate of one and one-half (1½) times their regular hourly rate. PROVIDED HOWEVER that if an employee does not receive all of the time off earned under this Article 5.5 by December 31 of the year following the year in

11 7. which such time off was earned, the employee shall be paid in cash therefor based on their regular rate of pay in effect on December 31 of the year following the year in which such time off was earned. 5.6 Call Out Except as provided in Article 5.5, Article 5.6 or Article 5.8, an employee reporting for work on the call of the Corporation at any time other than their regular working hours shall be paid at the rate of double their regular rate of pay for the entire period spent at their place of work in response to the call, with a minimum of three (3) hours at the rate of double their regular rate of pay; provided that triple the regular rate of pay will be paid when an employee is called out to work on a Statutory Holiday; otherwise, the same basic minimum contained in this Article shall be maintained. An employee shall be paid at the rate of one and one-half (1½) times their regular hourly rate when reporting for work on the call of the Corporation for the purpose of attending a meeting of an administrative nature, but subject to the following conditions: (1) at least one (1) week's notice of the meeting date shall be provided; (2) in the event a scheduled meeting date is postponed, at least one week's notice of the new meeting date shall be provided; (3) the rate of one and one-half (1½) times the regular hourly rate shall be paid for the entire period spent at the meeting, with a minimum of three (3) hours at the rate of one and one-half (1½) times the regular hourly rate; (4) the Corporation will be required to schedule the meetings by canvassing each employee concerned in advance in order to identify and thereby to attempt to avoid those off duty days which would be unduly inconvenient to the employee; (5) each employee involved in any such scheduling effort will be expected to cooperate fully in the effort, but will not be subject to discipline for failure to agree to meet on any day when they have a prior commitment of a personal nature; (6) nothing contained in this Article 5.6 shall be construed so as to interfere with the right of the Corporation to require an employee to report for work pursuant to Article 5.6 for the purpose of attending a meeting of an administrative nature or of any other kind, in which case neither the rate of one and one-half (1½) times the regular hourly rate nor any of the conditions set out in sub-sections (1) to (5) inclusive of this Article 5.6, shall apply. 5.7 Overtime An employee who is required to work overtime immediately following the completion of their regular shift, or immediately prior to their regular shift if such overtime is necessitated

12 8. by a provincial or federal election, shall be paid at one and one-half (1½) times the regular hourly rate of the employee for the first two (2) hours, and two (2) times the regular hourly rate of the employee for all overtime hours worked beyond two (2) hours, computed on the basis of the employee's normal working hours. In order to qualify as Overtime under this Article 5.7, the requirement for an employee to work Overtime preceding their regular shift must be accompanied by a minimum of twenty-four (24) hours' notice of such requirement. When computing the payment of overtime of an employee under this Article 5.7, all time worked by such employee from the time they complete their regular shift until they return (if their duties required them to leave their regular place of work) to their regular place of work (e.g. the Fire Hall at which they are stationed) and have been relieved of further duties, shall be deemed to be overtime, rounded to the nearer fifteen (15) minutes. 5.8 Extra Shifts - Training Where an employee is required to work a portion of an extra shift for the purpose of attending an instructional or training exercise, then the employee shall, at the option of the Corporation, receive an amount of time off equivalent to one (1) times the number of extra hours so worked or pay at the rate of one (1) times their regular hourly rate of pay for such extra hours. Any period of work which immediately follows, or which immediately precedes the employee s regular shift will not be subject to any minimum period of compensation; and any other period of work will be subject to a minimum of three (3) hours at one (1) times their regular hourly rate of pay. PROVIDED HOWEVER that if an employee does not receive all of the time off earned by them under this Article 5.8 by December 31 of the year following the year in which such time off was earned, the employee shall be paid in cash therefore based on their regular rate of pay in effect on December 31 of the year following the year in which such time off was earned. ARTICLE 6: BENEFITS The Corporation will, in return for the plan outlined in Article 6.8(2), undertake full responsibility for, and after completion of six (6) months service by an employee pay full premiums for the Medical Services Plan of B.C., Extended Health Benefits Plan, Group Life Insurance Coverage and the Dental Care Plan. 6.1 Vacations All employees covered by this agreement shall be entitled to paid annual vacations as hereinafter provided: Those employees who are employed in the positions set forth in Group 1 of said Schedule "A" [which employees are hereinafter in this Article 6.1 referred to as "Group 1 employees"] shall be entitled to the following paid annual vacations: (1) Group 1 employees leaving the service in less than twelve (12) months from the date of appointment shall be granted vacation pay in accordance with the Employment Standards Act;

13 9. (2) in the first (1 st ) part calendar year of service, vacation will be granted on the basis of one-twelfth ( 1 /12) of eight (8) duty shifts for each month or portion of a month greater than one-half (½) worked by 31 December; (3) during the second (2 nd ) calendar year of service - eight (8) duty shifts; (4) during the third (3 rd ) up to and including the tenth (10 th ) calendar year of service twelve (12) duty shifts; (5) during the eleventh (11 th ) up to and including the twenty-second (22 nd ) calendar year of service sixteen (16) duty shifts; (6) during the twenty-third (23 rd ) and all subsequent calendar years of service twenty (20) duty shifts. Those employees who are employed in the positions set forth in Group 2 of the said Schedule "A" [which employees are hereinafter referred to as "Group 2 employees"] shall be entitled to the following paid annual vacations: (1) Group 2 employees leaving the service in less than twelve (12) months from the date of appointment shall be granted vacation pay in accordance with the Employment Standards Act; (2) in the first (1 st ) part calendar year of service, vacation will be granted on the basis of one-twelfth ( 1 /12) of fourteen (14) calendar days for each month or portion of a month greater than one-half (½) worked by 31 December; (3) during the second (2 nd ) calendar year of service fourteen (14) calendar days; (4) during the third (3 rd ) up to and including the tenth (10 th ) calendar year of service twenty-one (21) calendar days; (5) during the eleventh (11 th ) up to and including the twenty-second (22 nd ) calendar year of service twenty-eight (28) calendar days; (6) during the twenty-third (23 rd ) and all subsequent calendar years of service thirty-five (35) calendar days. (c) After the completion of twenty (20) years' service, twenty-eight (28) additional calendar days will be granted as annual leave, to be taken before the completion of twenty-five (25) years of service, at the option of the employee - and that a similar allowance be made at the completion of twenty-five (25) years' service and each subsequent five-year period thereafter; PROVIDED HOWEVER THAT: (1) when an employee who is entitled to additional leave under this Article 6.1(c) elects to take such leave, they shall make application to the Fire Chief within thirty (30) calendar days following the date of publication of the annual vacation schedule for the employees by the Department, stating the period when they will be absent on leave; any application for additional leave may be amended or changed by the applicant within the prescribed thirty (30) calendar-day period; any application for additional leave or any application to amend or change any application for additional leave made

14 10. following the expiration of the prescribed thirty (30) calendar day period may be refused by the Fire Chief, if, in the opinion of the Fire Chief, the exigencies of the Department necessitate such refusal, but such applications shall not be unreasonably refused by the Fire Chief; (2) long service leave may be taken from January 1 st up to the end of the calendar year in which the qualifying anniversary occurs and maintaining the same principle each five (5) years thereafter, and that if an employee exercises this privilege and fails to remain in their employment with the Corporation for any reason until their anniversary date in that year, they must reimburse the Corporation for the cost of their long service leave. (d) Employees who leave the service after completion of twelve (12) consecutive months of employment shall receive vacation for the calendar year in which termination occurs on the basis of one-twelfth ( 1 /12) of their vacation entitlement for that year for each month or portion of a month greater than one-half (½) worked to the date of termination. PROVIDED THAT: (e) (f) (g) (h) "calendar year" for the purposes of this agreement shall mean the twelve-month period from 1 January to 31 December inclusive. All vacations shall commence on the first duty shift after the employee's days off. In all cases of termination of service for any reason, adjustment will be made for any overpayment of vacation. Employees leaving on superannuation or upon leaving at reaching maximum retirement age are entitled to vacation as follows: - if retiring prior to 1 April, they receive half of the usual annual vacation; - if retiring 1 April or later, they receive the full annual vacation. 6.2 Annual Vacations While Acting in a Senior Capacity An employee who is deemed by the Corporation and the Union to be acting continuously in a position or rank senior to that which they normally hold, on a year-round basis, shall be granted annual vacation, long service leave, and statutory holiday pay at the rate for such senior position or rank without regard for any temporary reversion by the employee to the position or rank which they normally hold. Except as provided for in Article 6.2 above, where an employee acts in a position or rank senior to that which they normally hold, the Corporation shall as soon as possible following December 31 of each year, calculate the percentage of time spent by the employee during the preceding year in the senior position or rank and shall pay to the employee an additional amount of salary, representing annual and long service vacation entitlement, based on the percentage difference between the vacation pay at the confirmed position or rank and vacation pay for the acting position or rank. (In the event that an employee is promoted midway through the

15 11. calendar year, and at the time of promotion has already utilized their vacation entitlement, the following formula shall be applied as if they had not been promoted; in the event that such employee has at the time of promotion not yet utilized their vacation entitlement, and does not act in a higher capacity during the remainder of the calendar year, then this Article shall not apply). This additional amount of salary shall be calculated in accordance with the following formula: Vacation Entitlement No. of Shifts Worked Differential between x x Confirmed and Total Year s Shifts - Vacation Entitlement in Higher Rank Acting Rank For purposes of the above-referenced formula, vacation entitlement is understood to be exclusive of Statutory Holiday entitlements. 6.3 Statutory Holidays All Group 1 employees who have completed twelve (12) months' continuous service by 31 December shall receive in each calendar year in lieu of the twelve (12) statutory holidays set forth in Article 6.3 time equivalent to twelve (12) duty shifts and in addition thereto shall receive time equivalent to one (1) duty shift in lieu of any other statutory holiday declared by the Corporation, the Government of the Province of British Columbia or the Government of Canada to which employees covered by this collective agreement are entitled, all of which shall be taken immediately after [and without any time intervening] the annual vacations referred to in Article 6.1. EXCEPT THAT: (1) any Group 1 employees who are hired after 1 January in any calendar year shall receive time equivalent to one (1) duty shift in lieu of each of the twelve (12) statutory holidays set forth in Article 6.3 which occur during their period of service in the calendar year in which they commence their employment and in addition thereto, such Group 1 employees shall receive time equivalent to one (1) duty shift in lieu of any other statutory holidays declared by the Corporation, the Government of the Province of British Columbia or the Government of Canada to which employees covered by this Collective Agreement are entitled and such holidays shall be taken immediately after [and without any time intervening] the annual vacations referred to in Article 6.1; (2) any Group 1 employees who leave the service on superannuation or upon reaching maximum retirement age shall receive time equivalent to one (1) duty shift in lieu of each of the twelve (12) statutory holidays set forth in Article 6.3 which occur during their period of service in the calendar year in which they retire and in addition thereto, such Group 1 employees shall receive time equivalent to one (1) duty shift in lieu of any other statutory holiday declared by the Corporation, Government of the Province of British Columbia and the Government of Canada to which employees covered by

16 12. this Agreement are entitled and which occur during their period of service in the calendar year in which they retire. Subject to Article 6.3(c), Group 2 employees shall be entitled to a holiday with pay on the following public holidays, namely: New Year's Day, Family Day (effective February 2013), Good Friday, Easter Monday, Victoria Day, Canada Day, British Columbia Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day or any other day declared to be a statutory holiday by the Corporation, the Government of the Province of British Columbia or the Government of Canada. PROVIDED THAT: (1) whenever one of the aforementioned public holidays falls on a Saturday or a Sunday and the Government of Canada and the Government of the Province of British Columbia or either of them proclaim that such public holiday be observed on a day other than Saturday or Sunday, then the day so proclaimed shall be read in substitution for such public holiday; but if there is no such proclamation by either of such governments or the proclamation of such government does not proclaim the same day for the observance of such public holiday, then the Corporation shall designate either the Friday immediately preceding such public holiday or the Monday immediately following the same as the day to observe such public holiday and the employees shall be entitled to a holiday with pay in lieu of such public holiday on the day so designated or pay the employees in lieu of such public holiday at their respective regular rates of pay; EXCEPT THAT: whenever Christmas Day and Boxing Day fall on Saturday and Sunday respectively and the Government of Canada and the Government of the Province of British Columbia, or either of them, proclaim that such public holidays be observed on two (2) days other than Saturday and Sunday, then the days so proclaimed shall be read in substitution for such public holidays; but if there is no such proclamation by either of such governments in respect of one of such public holidays, then the Corporation shall designate either the Friday immediately preceding such public holiday or the Monday immediately following the same as the day to observe such public holiday and the employees shall be entitled to a holiday with pay in lieu of such public holiday on the day so designated, or pay the employees in lieu of such public holiday at their respective regular rates of pay; if there is no such proclamation by either of such governments in respect of both of such public holidays, then the employees shall be entitled either to a holiday with pay in lieu of Christmas Day on the Friday immediately preceding Christmas Day and a holiday with pay in lieu of Boxing Day on the Monday immediately following Boxing Day, or pay in lieu of such public holidays, or either of them, at their respective regular rates of pay at the option of the Corporation.

17 13. (2) Notwithstanding anything contained in this Article 6.3 whenever one of the aforementioned public holidays, other than Christmas Day and Boxing Day, falls on a Saturday or Sunday, instead of having all the employees observe the public holiday on the same day, the Corporation may declare both the Friday immediately preceding such public holiday and the Monday immediately following the same for the observance of such public holiday and such of the employees as shall be designated by the Corporation in such declaration shall be entitled to a holiday with pay in lieu of such public holiday on the Friday named by the Corporation and the remainder of the employees shall be entitled to a holiday with pay in lieu of such public holiday on the Monday named by the Corporation. (c) (d) If a Group 2 employee, whose duties normally require them to work on public holidays, is required to work on any public holiday as provided for in Article 6.3 which falls on or is observed on any day from Monday to Friday inclusive, then they shall be paid their regular pay for the holiday and in addition thereto they shall be given compensating time off equivalent to one and one-half (1½) times the number of hours worked on that public holiday. If such employee is required to work on the day off given to them in lieu of a public holiday pursuant to the provisions of this Article 6.3(c), then in lieu of such holiday they shall be paid their regular pay for the holiday plus double the hourly rate of pay of the employee computed on the basis of their normal working hours for the hours worked on such day off. For the purposes of this Article 6.3(c), a public holiday does not include a holiday declared by the Corporation pursuant to Article 6.3(2) unless the employee is entitled to that holiday with pay in lieu of a public holiday. If a Group 1 employee whose duties normally require them to work on public holidays is required to work on any public holiday as provided for in Article 6.3, which falls on or is observed on any day from Monday to Friday inclusive, then in addition to the holiday to which the employee is entitled under Article 6.3, they shall be paid at the rate of fifty percentum (50%) of their regular rate of pay [calculated on an hourly basis] for each of the hours worked by them between the hours of 12:01 a.m. and 11:59 p.m. on such public holiday. For the purposes of this Article 6.3(d), a public holiday does not include a holiday declared by the Corporation pursuant to Article 6.3(2) unless the employee is entitled to that holiday with pay in lieu of a public holiday. 6.4 Medical Service Plan of B.C. and Extended Health Benefits Plan Effective the first day of the month following six (6) months of service, all employees shall be entitled to be insured under the Medical Services Plan of B.C. and an Extended Health Care Plan which shall include an eye-glass option. The eye-glass option shall provide coverage of up to a maximum of $ payable in any twenty-four (24) month period by each person covered. 6.5 Dental Care Plan Effective the first day of the month following six (6) months of service, the Dental Care Plan will be made available to all employees in the form of 100% payment for Plan "A",

18 14. 60% for Plan "B" and 50% for Plan "C". The lifetime maximum provided pursuant to the provisions of Plan 'C', available to employees and their dependents, shall be $5, Group Life Insurance Effective the first day of the month following six (6) months of service, the Group Life Insurance coverage for permanent employees and those temporary employees having six (6) months' service shall be calculated on the basis of $2, of insurance for each $1, of gross basic annual salary including service pay, which salary shall be computed to the next highest $1, Municipal Pension Plan Effective 2016 April 04: (c) (d) All existing eligible employees and all future eligible employees will be covered by and be subject to the current and any future rules established by the Municipal Pension Board and the Pension Corporation governing Group 5 participation. In conjunction with the establishment of Group 5, all contributions by both the Corporation and the employees to the Special Agreement (SA) ceased for eligible employees. Employee balances in the SA shall be handled in accordance with the rules established by the Municipal Pension Plan. All employees eligible for enrolment in Group 5 shall receive a Supplemental Pension Allowance (SPPA) of 0.28% of pensionable earnings to be directed to a group tax free savings plan (Group TFSA). This payment shall be recorded on the employee s biweekly paycheque in lieu of participation in the Special Agreement (SA). New hires into positions that are not eligible to participate in the Group 5 Pension will be treated as Group 1 or Group 4 as appropriate under the rules of the Municipal Pension Plan. 6.8 Sick Leave Plan (1) A Sick Pay Plan based on the following shall apply to all employees covered by this Agreement. (c) No sick leave with pay shall be granted except after six (6) months' continuous service in the employ of the Corporation. Sick leave of the number of hours equivalent to ten (10) working days shall be credited semi-annually on 30 June and 31 December commencing with the completion of the first six (6) months of service at which date the number of hours equivalent to ten (10) working days credit shall be given. Sick Leave entitlement at a given date shall be the accumulated credit at the last semi-annual date less any sick leave with pay taken subsequent to that date. Note: When sick credits are exhausted, no further credits are posted to an employee's record unless they return to duty for at least the

19 15. number of hours equivalent to four (4) duty shifts for Group 1 employees and for the number of hours equivalent to one (1) work week for Group 2 employees. (d) (e) (f) When Sick Leave is earned for a period of less than six (6) months, a month shall be equivalent to the number of hours equivalent to 1½ days and no credit shall be given for a part of a month. Sick Leave may be accumulated to a maximum number of hours equivalent to 261 working days. A deduction shall be made from accumulated sick leave credit of all hours absent with pay due to illness except those resulting from an accident on the job for which the employee is covered by Workers' Compensation payments. However, deductions shall be made if the injury is not covered by WorkSafeBC solely because time absent is less than the qualifying period. Note: See Article 6.9(2) for non-effect on gratuity benefits. Employees who are compelled to report off duty during their work day due to illness, will be deducted sick leave to the nearest hour. (g) (h) (i) The initial accumulative net credits at the time of installation of the Plan shall be the accumulated credits in effect immediately prior to the said date of installation, i.e. the number of hours equivalent to those working days accumulated by each employee under the Corporation's 1974 Sick Leave Plan. Any person requesting sick leave with pay may 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 duties due to illness. Full sick leave credits will be given for absence in the following circumstances: (.01) Accident on job [WorkSafeBC case]. (.02) Leave due to illness, either with or without pay. (.03) Leave for active service in Armed Forces. (j) No credit will be given in the following circumstances: (.01) Leave with or without pay for reason other than illness. (.02) Suspension without pay. Note: Normal sick leave credits will be reduced for absences in excess of one (1) month, and such reduction shall be 1 /12 of annual credits for each excess month or portion of a month greater than one-half.

20 16. (2) The Union will undertake responsibility for the hours equivalent to the first six (6) shifts of any non-occupational illness or injury. The Union's members will contribute a percentage of their base salary each month to a fund from which will be paid benefits for authorized sick leave absences equal to their regular base salary net of income tax deductions and superannuation [including supplementary superannuation] contributions. The amount of such contributions shall be determined by the Union. In any case where an employee returns to duty following a period of such illness or injury and subsequently is absent for a reason deemed by a physician to be chosen by the Corporation to be an extension of the earlier illness or injury, the subsequent period or periods of absence shall not be charged against the Union Sick Leave Fund. (c) Sick leave payments for any non-occupational illness or injury referred to in Article 6.8(2) will be by separate cheques drawn upon the Union Sick Leave Fund, unless the Corporation determines that there is a more convenient way of making payments. In any event, the Corporation will undertake responsibility for providing the data required for calculating such sick leave payments. The Corporation shall make normal employer contributions to the Municipal Pension Plan on behalf of employees who are on sick leave benefits covered by the Union's Sick Leave Plan, that is, those employees who receive payment from the Union for the number of hours represented by their first six (6) duty shifts of sick leave. 6.9 Gratuity Plan (1) How Accumulated A credit of the number of hours equivalent to three (3) duty shifts per annum shall be given for each year of service or for part of a year a credit of hours equivalent to one (1) day for each four (4) months of service, which may be accumulated to a maximum number of hours equivalent to 120 duty shifts. For the period from 1995 January 01 to and including 1995 December 31, instead of being entitled to the benefits and subject to the conditions contained in Subsection (1) of Article 6.9, each employee shall be credited with the number of hours equivalent to one (1) working day for each four (4) months. In addition, any employee who is not absent on sick leave at all during 1995, shall be entitled to the number of hours equivalent to one (1) additional day's credit, thereby making a total of the number of hours equivalent to four (4) working days' credit for each year in the event an employee is not absent on sick leave during the year. Commencing at 11:59 p.m. on 1995 December 31 the employees shall again be bound by the provisions of Subsection (1) of Article 6.9 unless on or before 1996 March 31 the Corporation and the Union agree in writing to reinstitute the provisions of Article 6.9(1) herein for a further period.

21 17. (2) Deduction A deduction is made from the current year's gratuity credits for all hours absent on sick leave with pay, except that such deduction shall not exceed the number of hours equivalent to three (3) working days in any one (1) calendar year, or for any one (1) illness. The total gratuity credited to each employee at 31 December of each calendar year will remain to such employee's credit regardless of time lost in any subsequent year through illness or any other reason. In circumstances where an injury is not covered by WorkSafeBC solely because the employee is off work for less than the qualifying period, time off shall be considered as sick leave. For the purpose of this clause a deduction shall be made from the employee s accumulated sick leave credits but this deduction shall not affect their gratuity benefits. From 1995 January 01 to and including 1995 December 31, instead of being entitled to the benefits and subject to the conditions contained in Subsection (2) of Article 6.9, deductions shall not exceed the number of hours equivalent to one (1) working day in any one (1) four-month period or for any one (1) illness. (3) Establishment Further, it is understood and agreed between the parties that for the term of this Collective Agreement, any absence(s) which cumulatively throughout the calendar year do not exceed the equivalent of one-half (½) of a duty shift (calculated for purposes of this Article 6.9(2) as being six (6) hours in the instance of Group 1 employees and three and one-half (3½) or four (4) hours as the case may be in the instance of Group 2 employees) shall not result in the loss of the fourth (4th) gratuity day provided pursuant to Article 6.9(1) above. Commencing at 11:59 p.m. on 1995 December 31, the employees shall again be bound by the provisions of Subsection (2) of Article 6.9, unless on or before 1996 March 31 the Corporation and the Union agree in writing to reinstitute the provisions of Article 6.9(2) herein for a further period. New employees commence accumulating from their effective date of employment, but receive no credits until the completion of six (6) months' service. (4) Gratuity Leave An employee who has completed not less than three (3) years of continuous service and is eligible for gratuity leave may be granted leave up to the number of gratuity hours that they have accumulated, PROVIDED HOWEVER THAT: The minimum gratuity leave which shall be taken shall be the number of hours equivalent to four (4) days and the maximum leave shall be the number of hours equivalent to twenty (20) days. Only one period of gratuity leave may be taken in a calendar year.

22 18. (c) (d) Not more than one employee may be absent on gratuity leave at any one time. An employee's right to gratuity leave shall be subject at all times to the exigencies of the Department and to the discretion of the Fire Chief. An employee who takes leave under this Article 6.9(4) and who terminates their employment for any reason prior to the completion of ten (10) years' continuous service shall repay the Corporation the number of hours' gratuity leave so taken. (5) Payment in Cash (c) (d) (e) Subject to the provisions of paragraph (f) of this Article 6.9(5) an employee or their estate [as the case may be] shall be entitled to payment in cash for gratuity hours accumulated in the event of normal retirement at minimum to maximum age, death in the service, permanent disability or leaving the service after completion of ten (10) years' service. An employee who has completed three (3) years' continuous service with the Corporation may elect, prior to the end of any calendar year but subsequent to the completion of such service, to be paid in cash for the gratuity hours that they have accumulated up to and including the year in which such election is made, and the employee shall be paid therefore on a regular pay day following January 15 in the next following calendar year, such pay day to be chosen by the employee, which payment shall be computed on the basis of their regular rate of pay in effect in that year; PROVIDED HOWEVER that if any such employee who receives any payment from the Corporation pursuant to this Article 6.9(5) leaves the service of the Corporation prior to the completion of ten (10) years' continuous service with the Corporation, such employee shall reimburse the Corporation for all payments so made by the Corporation computed on the basis of the employee's regular rate of pay in effect at the date of the termination of their employment. An employee who terminates their employment for any reason after completing not less than ten (10) years of continuous service, shall be entitled to be paid in cash for all gratuity credits accumulated up to the date of their termination of employment. Payment of the amount of gratuity, or any part thereof calculated as of the termination date of service with the Corporation may, with an employee's consent, be delayed for a period not exceeding twelve (12) months. If an employee desires to delay the payment of any of their gratuity they shall notify the Manager, Human Resources to that effect prior to the last day that they actually work for the Corporation. The delayed amount shall be paid in a single sum, plus interest, for the period of the delay at a rate to be determined from time to time by the Chief Financial Officer. An employee's rate of pay is arrived at in accordance with the following calculations:

23 19. Annual salary: Bi-weekly rate: Daily rate: Hourly rate: Twelve (12) times negotiated monthly salary. Divide annual salary by pay periods. For purposes of this Article 6.9, the daily rate is arrived at by multiplying the employee's monthly salary by twelve to obtain the yearly rate and dividing by for Group 1 employees and by for Group 2 employees. Divide bi-weekly rate by two times (2x) weekly hours Subrogation The Corporation is subrogated to the rights of an employee who has received Sick Leave benefits, pursuant to Article 6.8 of this Collective Agreement, against any third party liable to that employee for damages, and may bring an action against the third party in the employee s name to recover the wages and/or benefits paid by the Corporation. Where a claim for damages is made to the courts, the employee or their representative shall request the presiding judge, or judge and jury, to specify the amount of any award plus interest which is attributable to recovery of wages and benefits paid while in receipt of Sick Leave benefits. Upon reimbursement of the wages and/or benefits, the Corporation shall reimburse the Sick Leave Plan the amount of money paid out of the Plan in proportion to the total amount of money the employee reimburses the Corporation for wage loss and/or benefits, and in addition the number of days which the employee would have earned under the Gratuity Plan but for the disability giving rise to the claim. This provision includes actions or claims made to ICBC WorkSafeBC and Sick Leave Payments (c) Where an employee suffers from a disease or illness or incurs personal injury [which disease, illness or injury is hereinafter called "the disability"] and is entitled to compensation therefore under the Workers' Compensation Act, the employee shall not be entitled to use their sick leave credits for time lost by reason of any such disability. All monies received by an employee by way of compensation for loss of wages under the said Act shall be paid to the Corporation in return for which the Corporation shall pay the employee the full amount of the wages to which they would have been otherwise entitled but for a disability suffered or incurred by the employee aforesaid. Notwithstanding Subsection 6.11 above, all monies received by an employee by way of compensation for loss of wages under the said Act shall be paid to the Corporation in return for which the Corporation shall pay the employee their normal net take-home pay (as opposed to regular gross pay). In the event that an employee was acting in a higher capacity (pursuant to the provisions of Article 5.3) at the time the injury was sustained, then "normal net take-home pay" shall be calculated based upon the rate in effect for the higher capacity class or rank. Similarly, in the event that an employee was scheduled to