between {hereinafter referred to as "the Employer") and of the {hereinafter referred to as "The Union")

Transcription

1 COLLECTIVE AGREEMENT between THE MUNICIPAL CORPORATION OF THE CITY OF DRYDEN {hereinafter referred to as "the Employer") and LOCAL UNION 1730 of the INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS {hereinafter referred to as "The Union") JANUARY 1st, 2015 to DECEMBER 31st, 2017

2 INDEX ARTICLE DESCRIPTION PAGE 1 PREAMBLE 2 2 RECOGNffiON 2 3 MANAGEMENT RIGHTS 2 4 UNION SECURITY SENIORITY 4 6 EMPLOYEE DEFINffiONS STRIKES AND LOCKOUTS 7 8 GRIEVANCE AND ARBITRATION PROCEDURE HOURS OF WORK MAINTENANCE OF SERVICE RECOGNIZED HOLIDAYS ANNUAL VACATION WITH PAY SICK LEAVE WITH PAY BENEFITS JOB POSTING AND SELECTION LAY-OFF AND RECALL CONTRACTING OUT BEREAVEMENT LEAVE LEA VE OF ABSENCE - GENERAL JURY DUTY PREGNANCY/PARENTAL LEAVE RELIEVING IN A HIGHER GRADE WORKPLACE SAFETY AND INSURANCE BOARD TOOLS AND CLOTHING SAFETY PAYMENT OF WAGES SCHEDULE OF WAGES VEHICLE DRIVERS - TESTS DURATION OF AGREEMENT PERSONNEL FILE WORK PERFORMANCE VEHICLE ALLOWANCE 29 Signing Page City of Dryden and IBEW Local 1730 Signatures 30 1

3 ARTICLE 1- PREAMBLE The general purpose of this Agreement is to provide a process of orderly procedure between the Employer and the Employees represented by the Union, to secure prompt and equitable disposition of grievances and to obtain mutually satisfactory hours of work, wages, and working conditions. ARTICLE 2 - RECOGNITION The Employer recognizes Local Union 1730 of the International Brotherhood of Electrical Workers as the sole bargaining agency regarding wages, hours of work, and working conditions for employees of the Corporation of the City of Dryden who come under the Union's jurisdiction. Exempted from the foregoing are Supervisors (who have the authority to hire, discharge, discipline and evaluate) and persons above the rank of Supervisors and persons employed under the provisions of any Canada Works or Labour Incentive Program, Federal or Provincial programs, the cost of which is subsidized by the fostering government for the performance of work which would not normally be undertaken by the Corporation without such subsidy, provided those employed fill positions that are impermanent in nature. ARTICLE 3 - MANAGEMENT'S RIGHTS 3.01 The Union recognizes and acknowledges that the management of the business and direction of the working forces are fixed exclusively in the Employer, and without limiting the generality of the foregoing, the Union acknowledges that it is the exclusive function of the Employer to: (a) Maintain order, discipline and efficiency and in connection therewith to make, alter and enforce from time to time rules and regulations, policies and practices to be observed by its Employees, provided such rules and regulations are fairly and uniformly applied to all Employees, discipline or discharge Employees for just cause provided that a claim for unjust discipline or discharge may be the subject of a grievance; (b) Select, hire, transfer, assign to shifts, promote, demote, classify, lay off, recall or retire Employees and select Employees for positions excluded from the bargaining unit; (c) Determine the location of operations and their expansion or their curtailment, the direction of the working forces, the schedules of operations, the number of shifts, the methods, processes and means of production, job content, quality and quantity of standards, the establishment of work or job assignments, the qualifications of an Employee to perform any particular job, use improved methods, machinery and equipment, decide on the number of Employees needed at any time, starting and quitting times, the determination of financial policies, general policies and public relations; (d) Have the sole and exclusive jurisdiction over all operations, buildings, machinery, equipment and Employees. The Employer agrees that it will not exercise its functions in a manner inconsistent with the provisions of this Agreement and the express provisions of this agreement constitute the only limitations upon the Employer rights. 2

4 IBEW LOCAL 1730 Collective Ag reement ARTICLE 4 - UNION SECURITY Union Membership 4.01 All Employees covered by this Agreement who are now members or who become members of Local Union 1730 shall, as a condition of employment, maintain such membership New Employees covered by this Agreement shall as a condition of employment, become members of the Union within one (1) month of hiring and shall maintain such membership except students (a) Upon Completion of the IBEW Registration form, regular monthly union dues shall be deducted from the pay of each Employee and forwarded to the Union before the tenth (10th) of the following month, accompanied by a list of Employees on whose behalf the deductions were made. The Union shall indemnify and save harmless the Employer from any legal action or claim. (b) The forms will be made available in the Human Resources Department and form part of the Human Resources Department Orientation for new employees. Once completed, the forms will be forwarded on to the union Whenever possible the Employer shall give as much advance notice as possible of the introduction of changes which may have an adverse effect on present manpower requirements. Permanent Employees, who may be displaced from their job by virtue of automation or technological change, will be given the opportunity to fill other vacancies according to the provisions as set forth in Article and/or as applicable Should an Employee become unable to perform his job for reasons of disability incurred on that job, the Employer shall attempt to place the Employee on another job more suited to the disability provided such a job exists, provided there is a vacancy in that job, and provided the Employee's disability will not impair his or her ability to perform that job. The disabled Employee must possess the qualifications for the alternative job, so that he or she is able to perform the job following the usual orientation period given to all new Employees. Union Activities 4.06 The Employer recognizes the right of the Union to appoint Stewards as necessary to conduct the legitimate business of the Union. The names of the local president, executive members, and all stewards shall be given to the Corporation in writing to the Manager of Human Resources It is agreed and understood that the Union and the Steward or designate will continue to perform his/her regular duties on behalf of the Employer, and that he/she will not leave their regular duties without first obtaining permission from his/her immediate supervisor. Such permission shall not be unduly withheld Upon receiving permission from the Manager (or designate), a Steward shall be allowed a reasonable amount of time off with pay to discuss labour relations matters on behalf of the Union. 3

5 4.09 Should the Union require a Union representative to be released from his/her normal duties to attend Union training or conferences, the Union will compensate the Employer for the Employee's regular rate of pay plus benefits for all working time lost. Reasonable notice shall be given to the Employer requesting a leave of absence to attend Union training or conferences and shall be granted insofar as the regular operation of the department in which he/she is employed will permit. ARTICLE 5 - SENIORITY 5.01 Seniority is defined as the length of continuous service beginning with the first day actually worked in a permanent or seasonal position within the bargaining unit. Seniority will operate on a bargaining unit wide basis An Employee shall lose his/her seniority in the event the employee: (a) voluntarily resigns; (b) is discharged and not reinstated through the grievance and/or arbitration procedure; ( c) retires; (d) is laid off for a period exceeding one (1) year; (e) fails to report to work after a lay-off within five (5) working days of having received recall notice, notice of which has been mailed by registered mail to the last address the Employee has reported to the Employer and the Union is satisfied that the Employer has made sufficient effort to contact the Employee; 5.03 Seniority lists shall be maintained by the Human Resources Department. An up-to-date seniority list for all bargaining unit employees will be sent to the Union by March 31st of each year and will be deemed accepted within thirty (30) working days thereafter, unless written objections are received Employees requesting adjustments to their seniority must do so in writing to the Human Resources Department, with a copy sent to the Union representative. The seniority list may be changed at any time with the mutual consent of the Employer and the Union An employee assigned to an Acting Management/Supervisor/Non Union position outside the scope of this agreement shall return to their former position with no loss of seniority or benefits. The term of such assignment shall not exceed twelve (12) months and the employee shall not pay union dues during this assignment. ARTICLE 6 - EMPLOYEE DEFINITIONS 6.01 Casual Employees Shall mean an Employee hired on an irregular basis to cover for a permanent Employee for a period not to exceed ninety (90) working days. Casual Employees shall not accrue seniority or be entitled to benefits. Casual Employees shall be paid 90% of the applicable job rate. 4

6 6.02 Term Employees Term employees are defined as employees hired for a specified period of time in excess of ninety (90) days, but not to exceed one (1) year in total. City of Dryden Employees who apply for term positions shall receive their current rate of pay for the first thirty (30) days of employment and the actual job rate for the remainder of the term and shall be entitled to their existing rights and privileges. Term employees hired from outside the City of Dryden shall be paid 90% of the applicable job rate for the first ninety (90) days worked, and 100% of the actual job rate for the remainder of the term. Term Employees will not accrue seniority or be entitled to benefits Permanent Part Time Employees Shall mean an employee who has successfully completed probation and who works a predetermined schedule of not more than twenty-four (24) hours of work per week. Permanent part-time employees shall receive all terms of this Agreement on a pro-rata basis Permanent Full Time Employees Shall mean an employee who has successfully completed probation and whose length of appointment is indefinite and is working thirty-five (35) hours or more per week as outlined in Article Probationary Employees Permanent Full Time, Permanent Part Time and Seasonal Employees shall be considered probationary for their first sixty (60) days worked. The probationary period may be extended by mutual agreement of the parties hereto. The Employer may discharge probationary employees for reasons less serious than senior employees, including, without limitation, performance deemed inadequate by management or failure to get along with fellow employees and/or supervisors and management staff. Upon completion of their probationary period, an employee's seniority date shall revert back to the first day worked in the bargaining unit Student Employees Shall mean an employee who is a student at a school, college or university or other educational institute prior to being employed, or who may be working under a cooperative education or field placement program and who is intending to return to school at the end of the vacation period or work study program. Student Employees will not form any part of this collective agreement except with respect to wages and hours of work Seasonal Employees Shall mean an employee, other than a student, who has successfully completed probation and is employed on a continual seasonal basis not to exceed eight (8) months per year. 5

7 6.08 Aquatics Employees Shall mean an employee; hired to work part time hours at the pool, depending on demand of programs. Aquatics employees will not accrue seniority or be entitled to benefits under the collective agreement, but as per the Employment Standards Act Employee Benefits The Employer has accepted responsibility to fund 100% of the Employer's Health Tax and agrees to fund the equivalent of this plan in the future. Employees listed in those categories covered by this Article 6.06, 6.07, and 6.08 above shall be eligible for the following benefit plans on completion of the waiting periods indicated: Category Employee/Classification Time Frame Eligibility (a) Recognized Holidays Probationary, Seasonal and Immediately Permanent (b) Health and Dental Probationary, Seasonal and Immediately Permanent (c) Paid Bereavement Leave Probationary, Seasonal and Immediately Permanent ( d) Paid Sick Leave Probationary, Seasonal and Immediately Permanent (e) OMERS Pension Plan Probationary, Seasonal and Immediately Permanent (f) Group Life Insurance Permanent and Seasonal After Six (6) months (g) Accidental Death and Permanent and Seasonal After Six (6) Dismemberment (AD&D) months (h) LTD Plan Permanent After Six ( 6) months (i) Seasonal employees may elect coverage during their off season at their own expense. Those electing coverage will be billed on the monthly basis. U) Upon early retirement under the provisions of OMERS, employees are eligible for the following benefits on a 50/50 cost sharing basis with the employer for a maximum five year period, benefits include; (or equivalent) Health and Dental Plan, Group Life Insurance and AD&D. (k) The employer will administer the above benefits for retired employees up to the age of sixty-five (65). All cost for benefits after five (5) years of retirement are to be paid by the retired employee. (I) To be eligible for benefits on retirement, an employee must have been enrolled in the benefit(s) for at least one (1) year immediately preceding retirement. 6

8 ARTICLE 7 - STRIKES AND LOCKOUTS No strikes or lockouts shall occur during the life of this Agreement. ARTICLE 8 - GRIEVANCE AND ARBITRATION PROCEDURE 8.01 The purpose of this Article is to establish a procedure for the settlement of grievances If an employee has a complaint relating to the interpretation, application, administration or alleged violation of this agreement, he/she shall discuss it with his/her immediate supervisor and may include a union representative. Failing settlement, the complaint may be filed as a grievance and the following procedure shall apply. STEP 1 The union representative shall submit, the written grievance using the Union Grievance Form to the immediate supervisor within five (5) working days of the incident giving rise to the complaint. The immediate supervisor shall state his/her decision in writing within five (5) working days after receiving the complaint. STEP 2 (a) Should the employee be dissatisfied with the immediate supervisor's written response of the grievance at Step 1, the Union shall submit the grievance, to the Manager of Human Resources, or designate within five, (5) working days after receiving the complaint. The Human Resources Advisor shall call a meeting within five (5) working days of receipt of the grievance. The Union's representative shall be in attendance at this meeting. The Manager of Human Resources shall have five (5) working days to respond following the meeting. If the grievance is not settled, it may be referred to Arbitration as hereinafter provided, within ten (10) working days of the said meeting. (b) The time limits fixed in both the grievance and arbitration procedure may be extended by mutual consent of the parties. (c) Should the Union exceed the time limits specified in this agreement, the grievance shall be deemed to have been abandoned. Should the Employer exceed the time limits specified in this agreement, the grievance shall proceed to the next step in the grievance procedure (a) A Union policy grievance which is defined as an alleged violation of this Agreement, which an individual Employee could not grieve, may be lodged by the Union in writing to the Manager of Human Resources or designate at Step 2 of the grievance procedure at any time within five (5) working days after the circumstances giving rise to such grievance occur or originate. (b) A policy grievance of the Employer shall be in writing and may be initiated by the Manager of Human Resources or designate by delivering the grievance to the Union within five (5) working days after the circumstances giving rise to such grievance 7

9 occur or originate. If any such grievance is not settled within ten (10) working days of such delivery, the Employer may refer the grievance to Arbitration under Article DISCHARGE AND SUSPENSION An Employee who is discharged shall be notified in writing by the Employer, with a copy sent to the Union, and be given a reasonable opportunity to meet with the Union before leaving the workplace. An Employee who is discharged or suspended may file a grievance at Step 2 of the Grievance Procedure within ten (10) working days after such discharge or suspension. Where the grievance filed under Article 8 is not settled and duly comes before an Arbitrator, the Arbitrator may make a ruling: (a) confirming the Employers action; (b) reinstating the Employee with full compensation for time lost (except for any amount of remuneration or compensation the Employee has received from any other source pending disposition of the case); (c) disposing of the grievance in any other manner which may be just and equitable ARBITRATION (a) Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any questions as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either party may after exhausting any Grievance Procedure established by this Agreement notify the other in writing of its desire to submit the difference or allegation to arbitration. (b) The notice shall be delivered to the other party within ten (10) working days of the reply under Step 2 of the Grievance Procedure. If no written request for an arbitrator is received within the time limits specified above, the grievance in question shall be deemed to have been settled or withdrawn and not eligible for arbitration. (c) The parties to the Agreement shall attempt to select by agreement an Arbitrator. If they are unable to agree on the selection on an Arbitrator within ten (10) working days, they may request the Minister of Labour for the Province of Ontario to appoint an Arbitrator. ( d) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the grievance. (e) The Arbitrator shall hear and determine the difference or allegation and shall issue a decision and the decision shall be final and binding upon the parties and upon any Employee affected by it. 8

10 (f) The Arbitrator shall not be authorized to make any decision inconsistent with the provisions of this agreement, nor to alter, modify or amend any part of this Agreement. (g) Each of the parties hereto will jointly bear the expenses of the Arbitrator. ARTICLE 9 - HOURS OF WORK 9.01 Five Day Operation (Provincial Offences Administration, Finance Department, Public Works Office, Public Works Department (excluding Plant Operations and Landfill Sites), Children's Resource Centre/Best Start. (a) For full time employees, a workweek shall be a total of thirty-five (35) or forty (40) hours, Monday to Friday inclusive between the hours of 07:00 and 17:30 hours. The starting time may be advanced up to one (1) hour. (b) A day shall be defined as seven (7) or eight (8) consecutive hours daily, excluding lunch breaks, Monday through Friday. (c) Meal breaks shall not exceed one (1) hour. ( d) All other time worked shall be considered overtime and shall be paid at the appropriate rate of pay. (e) Employees shall be paid for the number of hours normally worked on the day observed as a Recognized Holiday according to Article When any of the above Holidays falls on a non-working day Employees shall be granted a day off in lieu of such Holiday. Whenever possible, this day in lieu shall be on the Monday of the week following the Recognized Holiday. (f) Whereby inclement weather causes seasonal employees to be away from their regular duties, an alternate work schedule may be approved by the Public Works Operations Manager. This is to be a voluntary situation whereby the alternate work is paid at regular time and the alternate work time is defined as anytime except Sundays and statutory holidays Overtime (Five Day Operation) (a) The Employer agrees to pay one and one-half (1 1 h) times the Employees regular rate of pay for all hours worked in excess of seven (7) or eight (8) hours daily and thirty-five (35) or forty ( 40) hours weekly, Monday through Saturday. (b) Employees who work on a Sunday or a recognized holiday shall be compensated at a rate of two (2) times the straight time rate of pay in addition to eight (8) hours pay for the recognized holiday. (c) For all scheduled work performed on Saturday, the Employer agrees to pay one and one-half (1 1 h) times the Employees regular rate of pay. Non-scheduled or "call-out" work shall be paid at two (2) times the Employee's regular rate of pay. ( d) For all non-scheduled work performed between the hours of 2100 and 0730 hours Monday to Saturday inclusive, the Employer agrees to pay two (2) times the regular rate of pay. (e) All overtime must be approved by the immediate supervisor or designate. 9

11 9.03 Six Day Operation (Landfill Employees, Permanent Pool/Fitness Employees, Best Start Hub, Library) (a) For full time employees, the workweek shall be a total of thirty-five (35) or forty (40) hours, Monday to Saturday inclusive between the hours of 07:00 and 17:30 hours. The starting time may be advanced up to one (1) hour. (b) The workweek for permanent aquatic employees shall average seventy (70) to eighty (80) hours per two-week period between the hours of 05:15 and 21:30 hours. The hours of work shall be a minimum of fou r (4) hour shifts. (c) A day shall be defined as seven (7) or eight (8) consecutive hours daily, excluding lunch breaks, Monday through Saturday. (d) Meal breaks shall not exceed one (1) hour. (e) All other time worked shall be considered overtime and shall be paid at the appropriate rate of pay. (f) All overtime must be approved by the immediate supervisor or designate Seven Day Operation (Airport, Arena, Wastewater/Water Treatment Plant, Part time Pool/Fitness Centre Employees) (a) For full time employees, the workweek shall be a total of forty (40) hours, Sunday to Saturday (doesn't apply to the Wastewater/Water Treatment Plant) except as outlined in (e) below. The starting time may be advanced up to one (1) hour. (b) A day shall be defined as seven (7) or eight (8) or ten (10) or twelve (12) consecutive hours daily, including lunch breaks, Monday through Sunday with the exception of the Pool and Fitness Centre Employees. (c) All other time worked shall be considered overtime and shall be paid at the appropriate rate of pay. (d) All overtime must be approved by the immediate supervisor or designate. (e) With the exception of the Pool/Fitness Centre and upon agreement by the City of Dryden and the Union, employees may be required to work a modified work schedule, and will work an average of 40 hours per week. (f) A shift schedule shall be posted two (2) weeks in advance of the effective date of the schedule for the information of the employees. Overtime shall be paid for all hours in excess of those noted on the schedule or in excess of an average workweek of forty ( 40) hours. (g) Should a Recognized Holiday fall on a Employee's scheduled day off, the Employee will receive seven (7) or eight (8) hours pay for the day or the Employee may elect to hold off on payment and use an alternate day off with pay within one (1) year from the date for which it was granted. (h) If the Employee is governed by the Canada Labour Code, the employee will receive the hours as they were originally scheduled for that employee on that day or the Employee may elect to hold off on payment and use an alternate day off with pay within one (1) year from the date for which is was granted Overtime (Six and Seven Day Operation) All hours worked in excess of seven (7) or eight (8) or ten (10) or twelve (12) hours daily and thirty-five (35) or forty (40) hours weekly shall be considered overtime and shall be compensated as follows 10

12 9.06 On Call (a) On a seven (7) day operation employees working on a Sunday shall receive oneand-one-half (1 1 12) times the straight time rate of pay. (b) Employees required to work overtime on a Sunday shall receive two (2) times the straight time rate of pay. All overtime must be approved by the immediate supervisor or designate. (c) All hours worked in excess of seven (7) or eight (8) or ten (10) or twelve (12) hours a day, Monday through Saturday shall be compensated at a rate of one and onehalf (1 1 h) times the straight time rate of pay. ( d) Employees who work on a recognized holiday shall be compensated at a rate of two (2) times the straight time rate of pay, in addition to eight (8) hours pay for the holiday. (e) Airport Employees required to work seven (7) consecutive days shall receive two (2) times the straight time rate of pay for all hours worked on the seventh day. (f) For all non-scheduled work performed between the hours of 2300 and 0400 hours Monday to Saturday inclusive, the Employer agrees to pay two (2) times the regular rate of pay. (g) For all non-scheduled work performed between the hours of 2100 and 0800 Monday to Saturday inclusive, the Employer agrees to pay all Water and Wastewater Treatment Plant Operators two (2) times the regular rate of pay. (a) Employees designated, by the Employer, to be on call from 1600 hours Friday until 1600 hours the following Friday shall receive ten (10) hours pay. Water/ Wastewater Treatment Plant Employees designated, by the Employer, to be on call from 0730 hours Monday until 0730 hours the following Monday shall receive ten (10) hours pay. (b) All Wastewater/Water Treatment Plant Employees and Public Works Equipment Operator II (Light) are to be included on the call-out roster. (c) The on call designation shall be shared equally amongst all Employees designated by the Employer to be on call. (d) An Airport Employee, designated to be on call for emergency work outside of the regular working hours, shall be available by telephone or pager and shall receive an allowance of thirty-four dollars ($34.00) per twenty-four (24) hour period Shift Work (Public Works and Wastewater/Water Treatment Plant) (a) When the Employer operates a shift outside the regular scheduled hours of work contained in Article 9, the affected Employees shall be paid a shift differential of ninety cents ($.90) per hour. (b) To be considered a shift, Employees must work five (5) consecutive shifts Call Out (a) When an Employee has completed his/her day's work, he/she shall receive not less than two (2) hours pay at the appropriate overtime rate of pay, if he/she is called back to work. (b) The minimum call-out payment will not be paid when the call-out occurs within one (1) hour of the scheduled starting time. 11

13 9.09 Meal Allowance The Employer agrees to provide a meal up to a value of eleven dollars ($11.00) to Employees working overtime under the following conditions: (a) To an Employee who is held at work after completing his regular shift and who subsequently works overtime in excess of two (2) hours; and to that Employee every four (4) hours thereafter. (b) Twenty (20) minutes paid at the rate applicable to the overtime work being performed will be allowed for the eating of this meal Banked Overtime The following article deals with overtime. Each employee may bank up to forty ( 40) hours of overtime. Any additional overtime will be paid out in accordance with the collective agreement. Banked overtime shall be taken by arrangements made with the employee's immediate supervisor in the calendar year that the entitlement is earned. There shall be no carry over of banked time. All outstanding time will be paid out by December 31st, of each year. ARTICLE 10 - MAINTENANCE OF SERVICE It is recognized that the business of the Employer is continuous and that Employees will co-operate when contacted to assist in maintaining service at all hours of the day and night. ARTICLE 11- RECOGNIZED HOLIDAYS Effective January 1, 2013, twelve (12) Recognized Holidays as follows shall be observed with pay: New Year's Day Family Day Good Friday Victoria Day Canada Day Civic Holiday Labour Day Thanksgiving Day Remembrance Day The one-half working day before Christmas Christmas Day Boxing Day The one-half day before New Year's Day National Heritage Day when proclaimed by Federal and Provincial Governments. (a) Airport Employees shall receive one additional day in each employment year to be taken off at a time mutually agreeable to both parties to this Agreement. Said additional recognized holiday to be referred to as a "Floating Holiday" and shall be in lieu of the one-half day before Christmas and New Years. 12

14 (b) Airport Seasonal Employees shall receive the above "Floating Holiday" after four (4) months of seasonal employment in each entitlement year. Entitlement year meaning within twelve (12) months of commencement of employment with the City of Dryden To be eligible for Holiday pay, an Employee must be at work on the regularly scheduled shift before and regularly scheduled shift after the recognized holiday, except when the absence is: (1) authorized by the Employer or his immediate supervisor, or (2) due to illness It being recognized that the Employer's business is a continuous operation, if an employee is required to work on a recognized Holiday he/she shall be entitled to receive compensation at two (2) times the straight time rate for the hours worked by him/her on that Holiday plus one (1) extra day off with pay, this day to be mutually agreed upon by both the Employer and Employee; it being agreed that this alternative holiday shall be taken within one (I) year of the date for which it was given In the event that an Arena Employee covered by the provisions of Article 11 is scheduled to work and does not, due to the facilities being closed because of a Recognized Holiday, that Employee shall receive pay for the scheduled shift with the exception of the one-half (1/2) day before Christmas Day and the one-half (1/2) day before New Year's Day (pursuant to Article 11.01) for which the Employee shall receive half of the scheduled hours pay. ARTICLE 12 - ANNUAL VACATION WITH PAY A permanent full time employee shall receive an annual vacation with pay in accordance with the credited service prior to the commencement of the vacation period, as follows: For employees who have completed : (a) Less than one (1) full years employment to calendar end (b) After one (1) years continuous employment (c) After three (3) years continuous employment ( d) After nine (9) years continuous employment (e) After fifteen (15) years continuous employment (f) After twenty one (21) years continuous employment (g) After twenty-five (25) years continuous employment effective January 1st, % of earnings Two (2) weeks Three (3) weeks Four ( 4) weeks Five ( 5) weeks Six (6) weeks Seven (7) weeks In the event that a full time Employee is terminated or laid off prior to having used his vacation entitlement he shall receive pay for all outstanding vacation entitlements on a prorated basis, based on his termination date When a Recognized Holiday falls within an Employee's vacation period, that vacation shall be increased by the appropriate number of days Employees shall post their intended vacation entitlements using the Absence Reporting Form by April 15th of each year. Completed forms shall be submitted to the immediate supervisor. Vacation approval shall be in accordance with seniority. 13

15 12.06 After April 15th, of each year, vacation entitlement shall be granted on a first come first serve basis by the immediate supervisor Where annual vacations are taken in advance and the employment of the member terminates before such annual vacation has been fully earned, the member shall reimburse the Employer for the unearned portion of such vacation through payroll deduction. No employee shall be able to over utilize their vacation entitlement (ie. borrow from the next year) Vacation will be utilized in each calendar year, January to December Maximum carry over of vacation is one (1) week which is thirty five (35) hours or forty (40) hours When an Employee is absent from work due to sickness and/or Worker's Compensation Board related absence for a period in excess of one hundred and twenty (120) working days, that Employee's subsequent vacation entitlement (after the 120 days) shall be pro-rated to actual days worked Those Permanent Part-Time Employees and Seasonal Employees who attain forty-eight ( 48) months of service accumulated in consecutive years shall receive 6% pay for all outstanding vacation entitlement; 8% for one hundred and twenty (120) months; and 10% for two hundred and sixteen (216) months. ARTICLE 13 - SICK LEAVE WITH PAY The provisions of this article shall cover permanent Employees, as per Article 6.09 (d), absent from work as a result of personal disability caused by accident or sickness Sick leave credit will accrue to Employees at the rate of one and one-half (1 1 12) days per month to a maximum of two hundred and sixty (260) days. A maximum of eighteen (18) days of sick leave credit will be granted per calendar year; however, this amount will be reduced by the number of days of sick leave credit used during the calendar year. Permanent Part-time and Seasonal Employees shall be pro-rated for the purpose of this article based on hours worked Requirement for Doctor's Certificate (a) Every Employee claiming sick pay under the terms of this Article may be required to furnish a certificate signed by a duly qualified medical practitioner certifying that the Employee was unable to perform his duties during the period for which sick pay is claimed, due to personal illness or disability. (b) An Employee who wrongfully obtains sick pay benefits shall be liable to disciplinary action To qualify for payment of sick pay an Employee must: (a) Have an established sick leave credit; (b) Ensure that his illness is reported to the Employer as soon as possible; 14

16 (c) Be suffering from a sickness or accident, which prevents his useful employment and is not compensable under the Workplace Safety & Insurance Board; (d) Return to work as soon as possible following recovery from the sickness or accident An Employee shall lose his/her seniority in the event the employee is absent from work because of illness or non-occupational injury for twenty-four (24) continuous months or the expiration of his sick leave credits, whichever is greater, unless the absence is the result of Workplace Safety and Insurance Board disability in which case it shall be subject to the provisions of Article When an Employee is absent from work due to sickness, non-occupational injury, or Workplace Safety & Insurance Board related absence for a period in excess of one hundred and twenty (120) working days, that Employee's sick leave credit entitlement (after the 120 days) shall be pro-rated to actual days worked Where an employee has utilized their full sick leave bank, and is still not actively working, all benefits and pension will be payable by the Employee for any period in excess of thirty (30) calendar days. Each employee is responsible to pay one hundred percent (100%) of their full benefit premiums. ARTICLE 14 - BENEFITS General: (a) The Employer reserves the right to change insurers from time to time provided the coverage under a new policy is equivalent to or superior to the replaced policy. (b) The Employer has accepted responsibility to fund one hundred percent (100%) of the Employer's Health Tax and agrees to fund the equivalent of this plan in the future The Employer agrees to pay one hundred percent (100%) of the current premium cost for Semi-Private Hospitalization on behalf of Employees covered by this Agreement subject to the conditions as defined in Article 6.05 of this Agreement. The Employer agrees to pay one hundred percent (100%) of the current premium cost of the Extended Health Care (Drug Plan) ($10/$20 Deductible), subject to the conditions as defined in Article 6.09 of this Agreement The Employees and the Employer agree to participate in the Ontario Municipal Employees' Retirement System, Basic Plan, in accordance with the provisions of the Plan. The normal retirement age under the current OMERS plan is age sixty-five (65) The Group Life Insurance policy is 200% of annual earnings to a maximum of $500, The Employer agrees to pay one hundred percent (100%) of the cost of premiums. The Insurance coverage will be revised at the same time as the schedule of wages subject to the conditions as defined in Article 6.09 of this Agreement The AD&D policy is 200% of annual earnings to a maximum of $500, The Employer agrees to pay one hundred percent (100%) of the cost of premiums. The 15

17 !BEW LOCAL 1730 Collective Agreement Insurance coverage will be revised at the same time as the schedule of wages subject to the conditions as defined in Article 6 of this Agreement The Employer agrees to provide Long Term Disability Insurance equivalent to coverage presently in force under the terms of the Group Policy and the Employer agrees to pay one hundred percent (100%) of the premium rates for all eligible members of the bargaining unit subject to the conditions as defined in Article 6.09 of this Agreement The Employer agrees to pay one hundred percent (100%) of the current premium cost of the Dental Plan Number 9 based on the O.D.A. fee schedule for the preceding year, subject to the conditions as defined in Article 6 of this Agreement. The O.D.A. fee schedule to be adjusted January 1 of each year The Employer agrees to pay one hundred percent (100%) of the prevailing premium cost of the Vision Plan, which shall provide coverage of three hundred dollars ($300.00) plus seventy five dollars ($75.00) for the eye exam, per claim per twenty-four (24) month period Additional Coverage: (a) Chiropractor - Five Hundred Dollars ($500.00) per person per year (b) Massage Therapy- Four Hundred Dollars ($400.00) per person per year. ARTICLE 15 - JOB POSTING AND SELECTION Where a vacancy occurs, or a new job is created, the job shall be bulletined for a period of one (1) week. When a bulletin is posted, a copy shall be sent to the Local Union Secretary, as well as a copy of the successful applicant's name when an appointment has been made In the event that an Employee is transferred or is successful in bidding on a new position he/she will have a sixty (60) working day trial period in which he/she may return to his/her former position, or be returned to his/her former position by management In the event of a difference of opinion regarding any selection or promotion within the bargaining unit, the Employer agrees to meet with a representative(s) of the Union to attempt to resolve such difference, it being understood that the Employer has the final right of selection. ARTICLE 16 - LAY-OFF AND RE-CALL Layoff Procedure (a) In the event of a layoff, Employees shall be laid off in the reverse order of seniority. (b) Employees subject to layoff shall have the right to bump another Employee with less seniority provided they have the required qualifications, skills and abilities. In the event that the layoff is one month or less, the Employee must be able to commence work immediately without additional training. 16

18 (c) An Employee who bumps into a job and has the necessary qualifications, skills and abilities shall be entitled to a trial period of up to six (6) weeks. The trial period may be extended by mutual agreement of the parties hereto. ( d) An Employee who is unsuccessful in an attempt to bump shall be returned to the Layoff /Recall list and may attempt to bump again. (e) If an Employee is unable to bump into a position, the Employee will be laid off for a period not to exceed six (6) months, after six (6) months the Employee will be terminated. (f) There will be no bumping into a higher job classification. (g) Airport employees who have one (1) year or more of continuous employment and who are terminated as a result of no work being available to which their seniority entitles them, shall be paid severance pay as follows: One (1) weeks pay for each years seniority or a maximum of eight (8) weeks severance pay or as provided in the Canada Labour Code, whichever is greater Recall Procedure (a) Laid off Employees with recall rights will not be recalled prior to the application of Article 15 (Job Posting and Selection). (b) The Employee will be recalled as follows to all positions remaining open or vacant subsequent to the application of Article 15 (Job Posting and Selection). i) The Employee shall be recalled as per Article 5.01 (Seniority). It is the responsibility of the Employee to inform the Employer of any change to their mailing address. Employees will be recalled in order of seniority, provided the Employee has the qualifications, skills and abilities to perform the duties. ii) It is understood that notification by registered mail is deemed to occur five (5) days after being sent. iii) It is the responsibility of the Employee to notify the Employer of their intent to return to work within five (5) days from the date of recall. iv) An Employee failing to notify the Employer in accordance with (iii), shall lose all seniority and be deemed to have quit the employ of the Employer. v) Recall rights are open to laid-off Employees for a period of twelve (12) months from the date of layoff without loss of seniority (a) Airport classifications may not bump into Main or Library collective agreement classifications. (b) Main collective agreement classifications may not bump into Airport or Library classifications. (c) Library classifications may not bump into Main or Airport classifications. ARTICLE 17 - CONTRACTING OUT The Employer will notify the Union before any work regularly performed by permanent employees is contracted out and the Union shall have the right to discuss the issue with the Employer before implementation of the contracting out. 17

19 ARTICLE 18- BEREAVEMENT LEAVE Bereavement leave shall be taken within ten (10) working days of the date of death. Where special circumstances exist, an employee may request alternate arrangements with management approval Bereavement entitlements are as follows: UPON DEATH OF LENGTH OF LEAVE ENillLEMENT Husband, wife, common law Five (5) days Permanent and spouse/partner, son/step, probationary daughter/step, father, step father, employees mother, step mother, legal guardian, brother, sister Father-in-law, mother-in-law, Three (3) days Permanent grandparents, grandparent-in- employees laws, grandchild, sister-in-law, brother-in-law, son-in-law or daughter-in-law / Two (2) additional days leave shall be granted as traveling time when the funeral takes place outside the Dryden District, provided that the funeral is 500 km from Dryden and subject to the following conditions: (a) In cases where it is necessary to take bereavement leave, the employee shall notify the immediate supervisor or designate as soon as possible; (b) Employee attends funeral; ( c) Bereavement leave will be working days off and the Employee shall receive pay at straight time for days Employee would normally have worked. ARTICLE 19 - LEAVE OF ABSENCE-GENERAL An Employee desiring leave of absence without pay may be granted such leave on reasonable notice to the Employer insofar as the regular operation of the department will permit The Employee will identify the nature of the leave and all requests will be in writing. Such leave will not exceed four (4) months Seniority will continue to accumulate during absences for the first thirty (30) days and should the leave exceed thirty (30) days, seniority will be frozen for the duration of the leave In this case all benefit and pension will be payable by the Employee for any period in excess of thirty (30) calendar days. Each employee is responsible to pay one hundred percent (100%) of their full benefit premiums. 18

20 ARTICLE 20 - JURY DUTY Regular wages while attending jury roll call, serving on a jury or when subpoenaed as a witness will be maintained. Daily fees received for this duty, excluding payment for traveling, meals and other expenses will be remitted to the City of Dryden. ARTICLE 21 - PREGNANCY /PARENTAL LEAVE The Employer will grant Maternity (Pregnancy/Parental) Leave in accordance with provisions of the Employment Standards Act and/or The Canada Labour Code Part III An Employee must give the City of Dryden written notice at least two (2) weeks prior to the start of the pregnancy leave, unless unforeseen circumstances prevent giving two (2) weeks notice, and provide a medical certificate indicating the expected date of birth. The actual dates may be altered for medical reasons An Employee must give the City of Dryden written notice of at least four (4) weeks if she is returning earlier than the seventeen (17) weeks of pregnancy leave or if an Employee utilizes parental leave Where an employee returns from leave under this article, the employee must first utilize all former vacation entitlements from the previous year's account before returning to work with the exception of one (1) week vacation carry over as per Article ARTICLE 22 - RELIEVING IN A HIGHER GRADE Where a permanent Employee is required to continuously perform all daily tasks in the absence of a co-worker in the bargaining unit, the rate of pay shall be that applicable to the position being filled Where a permanent Employee is required, by the Employer, to relieve a Nonbargaining position, they shall be paid Two Dollars and twenty five cents ($2.25) more per hour on top of their regular wage rate. The duties performed shall not be supervisory in nature. Supervisory meaning the ability to hire, fire, discipline or evaluate Where a permanent Employee works at a higher rate of pay the shift prior to and the shift immediately following a Statutory Holiday, the Holiday will be paid at the higher rate. ARTICLE 23 - WORKPLACE SAFETY AND INSURANCE BOARD (a) When a permanent Employee, through his/her employment by the Employer, suffers a disability which is compensable and approved under the Workplace Safety & Insurance Board, the Employer agrees to maintain normal take-home pay (net pay) of the Employee involved from the beginning of the second (2nd) month of the disability to the end of the twelfth (12th) month of the disability. 19

21 (b) When a seasonal employee, through his/her employment by the Employer, suffers a disability which is compensable and approved under the Workplace Safety & Insurance Board, the Employer agrees to maintain normal take-home pay (net pay) of the Employee involved from the beginning of the second (2nd) month of the disability to the last working day for that employee in that year To be eligible for the grant outlined in (a) and (b) above, the Employee shall endorse all benefit cheques received by him from the Worker's Compensation Board and turn them over to the Employer When an Employee is absent and receiving Workplace Safety & Insurance Board Benefits the Employer agrees to continue to pay the premium cost of the Employee's group insurance from the beginning of the thirteenth (13th) month of the disability to the end of the twenty-fourth (24th) month of disability (a) Commencing on the thirteenth (13th) month of the Worker's Compensation disability, an Employee shall have the option of remitting to the Employer an amount of money sufficient to cover the monthly premiums for his Semi-private, and Extended Health Care coverage. (b) The Employer agrees to maintain coverage in the above plans for the duration of the Workplace Safety & Insurance Board disability on behalf of any Employee electing this option, or until the Employee ceases to remit the required premiums to the Employer when they are due, but in any event the Employer shall not maintain such coverage beyond the Employee's date of retirement from the Corporation With respect to the return to work of injured employees, the parties recognize the provisions included in the Workplace Safety & Insurance Board to accommodate It shall be the responsibility of the Employee to update the Employer on a regular (bimonthly) basis as to the status of the Employee's claim. ARTICLE 24 - TOOLS AND CLOTHING Mechanics will outfit themselves with the small tools necessary for the work designated to them. These tools shall be replaced at no cost to the Employee when worn-out. Replacement shall be made only on presentation of the worn-out article (a) Public Works Employees required to service equipment will receive coveralls as required. (b) Each mechanic in the Public Works Department will receive coveralls, cleaned as required, subject to a maximum of two pair per week per mechanic. (c) The Child Care Program Cook/Housekeeper will receive a payment of $ annually with receipt for the purchase of clothing. ( d) The employer agrees to provide Waste Water/Water Treatment employees with two (2) pair of coveralls on an "as required" basis. (e) Permanent Employees at the Waste Water/Water Treatment Plant and Water Works Department will receive one (1) winter parka on an as required basis. 20