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3360 Schedule "A" - To enter into a collective agreement with the Tillsonburg Dispatchers Firefighters Association.Between: COLLECTIVE AGREEMENT, made pursuant to the terms of the Fire Protection and Prevention Act, 1997 The Corporation of the Town of Tillsonburg, Fire Services Department AND (the "Employer") Tillsonburg Dispatchers Firefighters' Association (the "Association"} Effective: March 23rd. 2009 through to March 31 5\ 2012 ARTICLE 1 ARTICLE2 ARTICLE 3 ARTICLE4 ARTICLE 5 ARTICLE 6 ARTICLE 7 ARTICLE 8 ARTICLE 9 ARTICLE 10 ARTICLE 11 ARTICLE 12 ARTICLE 13 ARTICLE 14 ARTICLE 15 ARTICLE 16 ARTICLE 17 ARTICLE 18 ARTICLE 19 ARTICLE 20 ARTICLE 21 ARTICLE22 ARTICLE 23 ARTICLE24 TABLE OF CONTENTS GENERAL PURPOSE ........................................................................................ 3 ASSOCIATION RECOGNITION ........................................................................... 4 MANAGEMENT RIGHTS .................................................................................... 6 NO DISCRIMINATION OR HARASSMENT ........................................................... 7 No STRIKE OR LocK OuT ............................................................................... 8 ASSOCIATION MEMBERSHIP ............................................................................ 9 ASSOCIATION DUES ...................................................................................... 10 CORRESPONDENCE ....................................................................................... 11 LABOUR MANAGEMENT COMMITTEE ............................................................. 12 GRIEVANCE PROCEDURE .............................................................................. 13 ARBITRATION ................................................................................................. 15 DISCHARGE, SUSPENSION AND OTHER DISCIPLINE ..................................... 16 SENIORITY ..................................................................................................... 17 JOB POSTINGS .............................................................................................. 19 LAY 0FF ......................................................................................................... 20 HOURS OF WORK .......................................................................................... 21 0VERTIME ...................................................................................................... 23 PUBLIC HOLIDAYS AND PUBLIC HOLIDAY PAY .............................................. 24 VACATIONS AND VACATION PAY ................................................................... 25 LEAVES OF ABSENCE .................................................................................... 27 PROFESSIONAL DEVELOPMENT .................................................................... 30 WAGES AND ALLOWANCES ........................................................................... 31 GROUP INSURANCE 8ENEFITS ...................................................................... 32 GENERAL CONDITIONS .................................................................................. 33 ( i ) ARTICLE 25 ARTICLE26 COPIES OF COLLECTIVE AGREEMENT .......................................................... 34 TERM OF COLLECTIVE AGREEMENT ............................................................. 35 ARTICLE 27 HEALTH AND SAFETY .................................................................................... 36 SCHEDULE "A"-REGULAR HOURLY WAGE RATES ................................................................. 38 MoUA-PAY EOUITY .................................................................................................................... 39 MoUA-FULL TIME POSITIONS .................................................................................................... 41 MoUA-FIREFIGHTERS (FIRE SUPPRESSION) ............................................................................. 43 (ii) ARTICLE 1 GENERAL PURPOSE 1.01 The general purpose of this Collective Agreement between the Employer and the Association is to maintain harmonious relations between the Employer and the employees covered by the terms of this Collective Agreement. 1.02 Whenever the singular, masculine or feminine is used in this Collective Agreement it shall be considered as if the plural, feminine or masculine has been used provided the context so requires. 1.03 This Collective Agreement constitutes the entire agreement between the Employer and the Association and supersedes and replaces any and all obligations and/or agreements, whether written or oral or expressed or implied between or concerning the employees or the Association and the Employer. Any amendment, modification or addition to this Collective Agreement must be reduced to writing and duly executed by the Employer and the Association to be effective. 1.04 "Employee" shall refer to an employee employed in the bargaining unit and covered by the terms of this Collective Agreement. Collective Agreement between the Corporation of the Town ofTillsonburg, Fire Services Department andTillsonburg Dispatchers Firefighters' Association Effective to March 31s1, 2012 -4- ARTICLE 2 ASSOCIATION RECOGNITION 2.01 The Employer recognizes the Association as the sole and exclusive bargaining agent for all firefighters, as defined in Part IX of the Fire Protection and Prevention Act, 1997, employed by the Corporation of the Town of Tillsonburg, Fire Services Department, in the County of Oxford, save and except Deputy Chief, supervisors and persons above the rank of supervisor. 2.02 NO OTHER AGREEMENTS No employee shall be required or permitted to make a written or verbal agreement with the Employer which conflicts with the terms of this Collective Agreement. 2.03 No employee or volunteer excluded from the bargaining unit shall perform work normally and exclusively performed by an employee in the bargaining unit if, as a result, any employee is laid off or loses regularly scheduled hours of work, and excepting the cases of: (a) training; (b) testing; (c) experimentation; (d) emergency; or, (e) the unavailability of an employee in the bargaining unit to perform the work. 2.04 ASSOCIATION OFFICERS AND COMMITTEE MEMBERS The Association's Executive Committee shall be comprised of four elected officers of the Association. The names of the members of the Association's Executive Committee shall be supplied in writing by the Association to the Employer and, in the event of any change, the Employer shall be notified in writing. (a) It is agreed that such members of the Association's Executive Committee have their regular duties to perform on behalf of the Employer and that, to the extent reasonably possible, such members will deal with grievances arising under this Collective Agreement outside of working hours. In the case that it becomes necessary for a member of the Association's Executive Committee to deal with such a grievance during her working hours, she will not leave her regular duties without first receiving permission from the supervisor on duty, which permission will not be unreasonably withheld. (b) In accordance with this understanding, and where such members first receive the permission of the supervisor on duty, they shall not suffer a loss of regular straight time pay for time spent dealing with grievances under this Collective Collective Agreement between the Corporation of the Town of Tillson burg, Fire Services Department and Tillsonburg Dispatchers Firefighters' Association Effective to March 315\2012 -5- Agreement, up to a maximum of 5 hours per month, as between all members of the Association's Executive Committee. 2.05 No more than two (2) members of the Association's Executive Committee shall meet with the Employer to deal with grievances, unless otherwise mutually agreed. In addition to the two members of the Association's Executive Committee, the Association may be represented at such meetings by an agent. The Association may also be represented at collective bargaining by an agent. It is understood and agreed, however, that the scheduling of meetings to deal with grievances shall not be delayed by reason of the unavailability of the Association's agent. 2.06 A Bargaining Committee shall be appointed by the Association to consist of not more than two (2) individuals. The Association will advise the Employer of the names of the appointees to its Bargaining Committee. The Employer will advise the Association of the members of its Bargaining Committee. 2.07 The members of the Association's Bargaining Committee who are active employees of the Employer shall not suffer a loss of regular pay as a result of meeting with the Employer for purposes of collective bargaining and conciliation, up to a maximum of 36 hours per employee. All time lost as a result of collective bargaining and conciliation shall be without loss of seniority. Collective Agreement between the Corporation of the Town of Tillsonburg, Fire Services Department and Tillson burg Dispatchers Firefighters' Association Effective to March 31s1, 2012 -6- ARTICLE 3 MANAGEMENT RIGHTS 3.01 The Association acknowledges that it is the right and function of the Employer's management to: (a) maintain order, discipline and efficiency; (b) hire, discharge, classify, transfer, promote, demote or discipline employees, provided that a claim that an employee who has acquired seniority and completed his probationary period has been discharged or disciplined in a manner that is not consistent with this Collective Agreement, may be the subject of a grievance and dealt with as provided in this Collective Agreement; and (c) otherwise manage, direct and control its business and workforce. 3.02 The Association acknowledges that the Employer may make, enforce and alter from time to time, rules and regulations to be observed by all employees. Employees shall be provided with advance notice of any new or altered rule or regulation before being required to observe any such new or altered rule or regulation. 3.03 The Employer agrees that these management rights shall be exercised in a manner consistent with the expressed provisions of this Collective Agreement. 3.04 The Employer shall present all new SOGs and directives to each employee for sign off. Employees are required to sign such SOGs and directives acknowledging receipt of same. If an employee refuses to sign such SOGs or directives when they are presented, they shall be deemed to have signed. The Employer shall keep copies of all SOGs and directives on its network and/or the CAD and in a binder where employees may access them. Collective Agreement between the Corporation of the Town ofTillsonburg, Fire Services Department and Tillson burg Dispatchers Firefighters' Association Effective to March 31 51,2012 -7- ARTICLE 4 No DISCRIMINATION OR HARASSMENT 4.01 The Employer and the Association are committed to maintaining a workplace that is free from discrimination or harassment and, in that respect, no employee or member of the Employer's management may be harassed or discriminated against for the reasons described in the Human Rights Code or for reason of their membership or non- membership in the Association. Collective Agreement between the Corporation of the Town of Tillsonburg, Fire Se!Vices Department and Tillson burg Dispatchers Firefighters' Association Effective to March 3151, 2012 -8- ARTICLE 5 No STRIKE OR LOCK OUT 5.01 In consideration of the orderly procedure established by the Collective Agreement and the Fire Protection and Prevention Act for the settling of disputes and the handling of grievances, the Association agrees that during the operation of the Collective Agreement there will be no strike, picketing, slowdown or stoppage of work, either complete or partial, and the Employer agrees that there will be no lock out. Collective Agreement between the Corporation of the Town ofTillsonburg, Fire Services Department andTillsonburg Dispatchers Firefighters' Association Effective to March 3151, 2012 -9- ARTICLE 6 ASSOCIATION MEMBERSHIP 6.01 Within one week of the signing of this Collective Agreement, employees shall become members of the Association, according to the constitution and by-laws of the Association. All new employees shall also become members of the Association within 30 days of their first day worked. 6.02 The Employer agrees to advise new employees of the fact that this Collective Agreement is in effect and shall provide to such new employee a copy of this Collective Agreement. Collective Agreement between the Corporation of the Town ofTillsonburg, Fire Services Department and Tillson burg Dispatchers Firefighters' Association Effective to March 315\2012 -10- ARTICLE 7 ASSOCIATION DUES 7.01 The Employer shall deduct from the pay of every employee any dues which are properly levied by the Association on its members in accordance with the constitution and by- laws of the Association. 7.02 DEDUCTIONS AND REMITTANCES Dues deducted shall be remitted by cheque to the Secretary Treasurer of the Association not later than the 1Oth day of the following month for which the dues were deducted. The cheque shall be accompanied by a list of the names and addresses of employees from whose wages the dues have been deducted. 7.03 At the same time that Income Tax (T-4) slips are made available, the Employer shall indicate thereon the amount of dues paid by each Association member in the previous year. 7.04 The Association shall indemnify and save the Employer harmless with respect to all claims and demands made against the Employer as a result of the deductions and remittances of dues by the Employer pursuant to this Collective Agreement. Collective Agreement between the Corporation of the Town of Tillson burg, Fire Services Department andTillsonburg Dispatchers Firefighters' Association Effective to March 3151,2012 -II - ARTICLE 8 CORRESPONDENCE 8.01 Unless otherwise specified in this Collective Agreement, all correspondence between the parties shall pass to and from the Employer and the Recording Secretary of the Association, with a copy to the President of the Association. 8.02 A copy of any correspondence between the Employer and the Association that is intended to address issues of interpretation, administration or application of any part of this Collective Agreement shall be as between the Director of Finance and Human Resources on the part of the Town and the Recording Secretary on the part of the Association. Collective Agreement between the Corporation of the Town of Tillsonburg, Fire Services Department and Til1sonburg Dispatchers Firefighters' Association Effective to March 31"\ 2012 -12- ARTICLE 9 LABOUR MANAGEMENT COMMITTEE 9.01 A Labour Management Committee shall be established consisting of not more than two (2) members of the Association who are actively employed in the bargaining unit and not more than two (2) representatives of the Employer. The Labour Management Committee shall enjoy the full support of both parties in the interests of improved labour relations and service to the public. 9.02 FUNCTION OF THE LABOUR MANAGEMENT COMMITTEE The Labour Management Committee shall concern itself with the following general matters: (a) considering constructive criticisms of all activities so that better relations shall exist between the Employer and the employees. (b) reviewing suggestions from employees, questions of working conditions and service (but not grievances). (c) addressing conditions causing grievances and misunderstandings. 9.03 MEETINGS OF THE LABOUR MANAGEMENT COMMITTEE The Labour Management Committee shall meet at least quarterly or more often if necessary and if agreed to by all members of the Labour Management Committee. 9.04 CHAIRPERSON OF THE MEETINGS OF THE LABOUR MANAGEMENT COMMITTEE A representative of the Employer and a member of the Association shall be designated as joint chairpersons and shall alternate in presiding over meetings. 9.05 JURISDICTION OF LABOUR MANAGEMENT COMMITTEE For greater clarity to the other provisions of this Collective Agreement, the Labour Management Committee shall not have jurisdiction over wages, or any matter of collective bargaining, including the administration of this Collective Agreement. 9.06 The Labour Management Committee shall not supersede the activities of any other committee of the Association or of the Employer and does not have the power to bind either the Association or its members or the Employer to any decisions or conclusions reached in its discussions. The Labour Management Committee shall have the power to make recommendations to the Association and the Employer with respect to its discussions and conclusions. Collective Agreement between the Corporation of the Town ofTillsonburg, Fire Services Department and Tillson burg Dispatchers Firefighters' Association Effective to March 31 8\2012 -13 - ARTICLE 10 GRIEVANCE PROCEDURE 10.01 A grievance shall be defined as any difference ans1ng out of the interpretation, application, administration, or alleged violation of the Collective Agreement. A grievance which is required to be reduced to writing under the terms of this Article shall describe the material facts associated with the grievance and describe the provision or provisions of the Collective Agreement which are alleged to have been violated and the manner in which the violation is said to have occurred. The grievance shall also describe the remedy sought. 10.02 SETTLING OF GRIEVANCE An earnest effort shall be made to settle grievances fairly and promptly in the following manner: Step 1 The aggrieved employee(s) will address the issue of concern with the Deputy Chief, or his designate. Step 2 Failing satisfactory settlement at Step 1, the aggrieved employee will submit the grievance to the Association's Executive Board. If the Executive Board considers the grievance to be justified, a written grievance will be submitted to the Fire Chief, or his designate, with a copy to the Director of Finance and Human Resources, within five (5) days of the incident giving rise to the grievance. The Fire Chief, or his designate, shall respond to the grievance in writing within two (2) days after the grievance was submitted. Step3 Failing satisfactory settlement within two (2) days after the response at Step 2, the Association will submit the grievance to the Chief Administrative Officer, or his designate. The Chief Administrative Officer, or his designate, shall convene a meeting with the Association and the greivor within five (5) days after receipt of such grievance. The Chief Administrative Officer, or his designate, shall render his decision within five (5) days following such meeting. Step4 Failing satisfactory settlement, the Association has the right to refer the grievance to arbitration pursuant to Article 10 of the Collective Agreement. 10.03 POLICY GRIEVANCE Where a dispute involving a question of general application or interpretation occurs, or where a group of employees or the Association has a grievance, Step 1 of the Grievance Collective Agreement between the Corporation of the Town ofTillsonburg, Fire Services Department and Tillsonburg Dispatchers Firefighters' Association Effective to March 318', 2012 -14- Procedure may be by-passed. 10.04 ASSOCIATION MAY INSTITUTE GRIEVANCES The Association and its representatives shall have the right to originate a grievance on behalf of an employee, or group of employees and to seek adjustment with the Employer in the manner provided in the Grievance Procedure. 10.05 REPLIES IN WRITING Replies to grievances stating reasons shall be in writing at all stages and shall be directed to the Association. 10.06 FACILITIES FOR GRIEVANCE MEETING The Employer shall supply the necessary facilities for the grievance meetings between the Employer and the Association. 10.07 The time limits specified in the Grievance and Arbitration Procedures may be altered upon mutual agreement of the parties to this Collective Agreement in writing and, otherwise, are mandatory. 10.08 The Employer shall have the right to file a grievance alleging a violation of the Collective Agreement at Step No. 3 of the grievance procedure by presenting the grievance directly to the Association and shall have the right to submit that grievance to arbitration under this Collective Agreement. 10.09 Any mutually agreed changes to this Collective Agreement, which are recorded in a Memorandum of Agreement that is signed by the Employer and the Association, shall form part of the Collective Agreement and may be subject to the grievance and arbitration procedures. Collective Agreement between the Corporation of the Town ofTillsonburg, Fire Services Department andTillsonburg Dispatchers Firefighters' Association Effective to March 31 5\2012 -15- ARTICLE 11 ARBITRATION 11.01 After exhausting the Grievance Procedure established by this Collective Agreement, the affected party may notify the other in writing of its desire to submit the grievance to arbitration in accordance with the terms of the Fire Protection and Prevention Act. The notice shall be delivered to the other within thirty (30) days after the reply under Step 3 of the Grievance Procedure. If notice is not received within the time specified, the grievance shall be considered abandoned and shall not be arbitrable in accordance with the terms of this Collective Agreement. 11.02 The arbitrator will be selected by the parties. If the two parties fail to agree upon a sole arbitrator within 15 days of the original notice to arbitrate, then either party may within a further seven (7) day period request the Minister of Labour to designate an arbitrator. The arbitrator shall hear and determine the difference or allegation and shall issue a decision. The decision shall be final and binding upon the parties and upon any employee affected by it. 11.03 Fees and expenses of the arbitrator shall be shared equally by the parties. 11.04 At any stage of the grievance or arbitration procedures, the parties may have the assistance of the employee or employees involved. 11.05 (a) The arbitrator shall not have the jurisdiction to alter or amend any of the provisions of this Collective Agreement or to substitute any provisions in lieu thereof, nor to give any decision inconsistent with the terms and provisions of this Collective Agreement, or to deal with any matter not covered by this Collective Agreement unless authorized by statute to do so. (b) Where an arbitrator determines that an employee has been discharged or otherwise disciplined by the Employer for just cause and this Collective Agreement does not contain a specific penalty for the infraction that is the subject-matter of the arbitration, the arbitrator may substitute such other penalty for the discharge or discipline as the arbitrator seems just and reasonable in all the circumstances. 11.06 "Days", for purposes of Articles 10 and 11 of the Collective Agreement, shall be considered calendar days, but shall exclude Saturdays, Sundays and the public holidays prescribed by the Employment Standards Act. Collective Agreement between the Corporation of the Town ofTillsonburg, Fire Services Department and Tillson burg Dispatchers Firefighters' Association Effective to March 31 8\2012 -16- ARTICLE 12 DISCHARGE, SUSPENSION AND OTHER DISCIPLINE 12.01 An employee who has completed his or her probationary period may be dismissed or disciplined, but only for just cause. 12.02 MAY OMIT GRIEVANCE STEPS An employee considered by the Association to be discharged or disciplined in a manner that is not consistent with this Collective Agreement shall be entitled to a meeting under Step 3 of the Grievance Procedure. Step 1 and 2 of the Grievance Procedure shall be omitted in such cases. 12.03 No written or verbal disciplinary notice shall be relied on by the Employer as the basis for the imposition of progressive discipline 1) where the written or verbal disciplinary notice was issued more than 18 months in the past and 2) subject to the further condition that the employee has not received any other discipline within 18 months of the issuance of the most recent discipline. 12.04 Employees shall have the right to require the presence of a representative of the Association at a meeting held by the Employer at which the employee is to receive discipline, provided that a representative of the Association is available to attend such meeting. Collective Agreement between the Corporation of the Town ofTillsonburg, Fire Services Department and Tillson burg Dispatchers Firefighters' Association Effective to March 31s', 2012 -17- ARTICLE 13 SENIORITY 13.01 Seniority shall be based on the most recent date of hire with the Town of Tillsonburg, Fire Services Department and shall be acquired by an employee on the successful completion of the probationary period described in this Collective Agreement. 13.02 A full-time employee shall be defined as an employee who regularly is scheduled to work forty (40) hours per week or more, as averaged over an averaging period of 4 weeks. A part-time employee shall be defined as an employee who is regularly scheduled to work less than forty ( 40) hours per week. 13.03 The Employer shall maintain a seniority list for all employees showing the name of each employee and their seniority date, sorted by seniority date. An up-to-date seniority list shall be sent to the Association, and a copy shall be posted on the bulletin board, in January of each year. The seniority list shall be deemed to be correct unless a written objection is delivered to the Employer within twenty-one (21) days of posting. The seniority list so posted shall be used when considering seniority rights under this agreement. 13.04 PROBATIONARY PERIOD An employee shall not acquire seniority and shall be considered on probation for the first twelve (12) months worked for the Employer. An employee may be discharged during his probationary period for any reason, including unsuitability, and such discharge shall not constitute a difference between the parties and shall not be subject to the grievance procedure. For greater clarity, the probationary period cannot be satisfied through period(s) of inactive employment including, without limitation, vacation, holidays, or leave of absence of any kind. 13.05 The Employer and the Association believe in the value of a properly trained workforce. In that respect, the Employer shall provide employees with a minimum of 200 hours of training during the currency of their probationary period. Such 200 hours shall be inclusive of 80 hours of job shadowing with an employee who has successfully completed their probationary period. It is agreed and understood that an employee employed in their probationary period need not have been offered or have completed the 200 hours of training in order to have their employment terminated in accordance with Article 13.04 of the Collective Agreement. 13.06 LOSS OF SENIORITY Seniority shall be lost, seniority rights shall cease, and employment will end, for any employee who: (a) voluntarily quits his employment with the Employer; (b) is discharged and is not reinstated through the grievance and arbitration procedures of this Collective Agreement; (c) is laid off for a period of more than twelve (12) consecutive months; Collective Agreement between the Corporation of the Town ofTillsonburg, Fire Services Department and Tillson burg Dispatchers Firefighters' Association Effective to March 31 5\ 2012 -18- (d) is absent for three (3) consecutive days without satisfactory reasons; (e) fails to notify the Employer of any absence, in advance of the absence, without satisfactory reasons; (f) fails to return to work within three (3) days after being recalled from lay-off through notice by either registered mail or courier, unless the employee notifies the Employer of the reason that he cannot return to work within three (3) days after being recalled from lay-off and the Employer agrees to extend such three (3) day period; (g) fails to return to work on the day after the expiry of a leave of absence without reasons satisfactory to the Employer; (h) is working for another employer while on a leave of absence or otherwise misuses or abuses a leave of absence; (i) retires; G) is determined by the Employer to have made an untruthful statement on his application for employment; this sub-article G) shall only be applicable to employees hired on or after the date the Collective Agreement is ratified; (k) intentionally presents false, altered or untruthful documentation and/or information in response to inquiries or requests from the Employer; (I) performs no work for the Employer for a period of two years subject to the obligation of the Employer under the Human Rights Code to accommodate employees under a disability. Collective Agreement between the Corporation of the Town of Tillsonburg, Fire Services Department andTillsonburg Dispatchers Firefighters' Association Effective to March 3181,2012 -19- ARTICLE 14 JOB POSTINGS 14.01 When a vacancy occurs, and which the Employer intends to fill, the Employer shall supply the Association with a copy of the job posting and, in addition, the Employer will post such job vacancy on the bulletin board for a period of seven (7) days and will deliver a copy of the job posting to employees' workplace e-mail addresses (employee@tillsonburg.ca or employee@town.tillsonburg.on.ca) for the purpose of permitting employees to submit an application. 14.02 The Employer and the Association recognize that job opportunity should increase in proportion to seniority. Therefore, in the case that applicants to a job posted in accordance with Article 14.01 of the Collective Agreement have the necessary skill, ability and qualifications to perform the work of the job, the more senior applicant will be awarded the job. 14.03 The employer shall notify the Association, by email, of the name of the successful applicant to a job posting, if any, within seven (7) days of the Employer's decision to award the job. Collective Agreement between the Corporation of the Town ofTillsonburg, Fire Services Department andTillsonburg Dispatchers Firefighters' Association Effective to March 3151, 2012 -20- ARTICLE 15 LAYOFF 15.01 A layoff shall be understood to occur when the Employer: (a) reduces the number of employees in the workforce; or, (b) does not require a full-time employee to work on a day when that full-time employee was scheduled to work and that full-time employee was otherwise available and willing to work. 15.02 A layoff shall be implemented by laying off part-time employees first, in reverse order of seniority, and then full-time employees, in reverse order of their seniority, all provided that the employees that remain have the necessary skill, ability and qualifications to perform the available work. 15.03 Employees shall be recalled in the reverse order of their lay-off provided they have the necessary skill, ability and qualifications to perform the available work. 15.04 New employees will not be hired until those laid-off, and who have maintained their seniority rights, have been recalled. Collective Agreement between the Corporation of the Town ofTillsonburg, Fire Services Department andTillsonburg Dispatchers Firefighters' Association Effective to March 31st, 2012 -21- ARTICLE 16 HOURS OF WORK 16.01 Unless otherwise specified, the following sections and paragraphs are intended to define the normal hours of work for full-time employees employed in a communications capacity and shall not be construed as a guarantee of hours of work per day or per week, or of days of work per week. 16.02 The regular work day for full-time employees shall be 10 hours per day. 16.03 (a) In lieu of regularly scheduled eating periods and other breaks, full time employees who complete a regular work day shall be paid, in addition to the regular hourly rate for the hours worked, an additional 1.43 hours at their regular hourly rate. Such 1.43 hours shall not be considered time worked. (b) In lieu of regularly scheduled eating periods and other breaks, part-time employees who complete a regular work day and full-time employees who work less than a regular work day for full-time employees shall be paid, in addition to their regular hourly rate for the hours worked, additional hours in accordance with the following: (i) 5 hours or more: Y, hour (ii) 8 hours or more: 1 hour (iii) 10 hours or more: 1.43 hours Such hours shall not be considered time worked. 16.04 Employees who are at work shall be required to remain on the Employer's premises at all times and shall be available for emergency activation at all times. 16.05 The regular work cycle for full-time employees shall be four (4) consecutive days scheduled at work followed by four (4) consecutive days scheduled off work. 16.06 The Employer shall post the work schedule for employees by the first day of the month preceding the month to which the work schedule relates. Changes to the work schedule posted in accordance with this Article shall only be made with the mutual consent of the affected employees and the Employer. In cases where employees desire to "trade shifts" with each other, they shall be entitled to do so, provided that a written request to trade shifts is made in advance and the approval of the employee's supervisor is received by the employee in advance. Such approval shall not be unreasonably withheld. In no case, will employees be permitted to trade shifts where such trade results in overtime becoming payable by the Employer. (a) It is understood and agreed that Article 16.06 shall not apply in the case that an employee returns to active employment after a period of leave of absence or some other period of inactive employment. Collective Agreement between the Corporation of the Town of Tillsonburg, Fire Services Department andTillsonburg Dispatchers Firefighters' Association Effective to March 31s\ 2012 -22- (b) Scheduled hours of work for part-time employees shall be provided on an equitable basis. 16.07 In the event that hours become available over the hours posted on the schedule, the following call-in procedures shall apply: (a) First, eligible part-time employees shall be offered the opportunity to work the available hours on the basis of their seniority; (b) Once all eligible part-time employees have been offered the opportunity to work the available hours, full time employees shall be offered the opportunity to work the available hours on the basis of their seniority; (c) In the event that no employee accepts the opportunity to work the available hours, the least senior eligible part-time employee, if any, may be assigned by the Employer to work the available hours. If there is no eligible part-time employee, then the least senior employee may be assigned by the Employer to work the available hours. (d) "Eligible part-time employee" for purposes of this article means: (i) A part-time employee who is not scheduled to work 40 hours or more in the week; (ii) A part-time employees who would not receive premium pay if she was to work the entirety of the available hours covered by the call-in; and, (iii) A part-time employee who is not scheduled to work on the same day as the available hours covered by the call-in and not on a shift adjacent to the available hours covered by the call-in. (e) The call-in procedures shall not apply in the case of an emergency or other urgent scheduling situation. Collective Agreement between the Corporation of the Town of Tillsonburg, Fire Services Department and Tillsonburg Dispatchers Firefighters' Association Effective to March 315\2012 -23- ARTICLE 17 OVERTIME 17.01 All hours worked by employees in excess of 40 hours in a week shall be considered overtime and employees will be paid one and one-half (1.5) times their regular wage rate for such hours. 17.02 By mutual agreement between the Employer and the employee, employees may elect to be compensated for overtime hours worked by receiving one and one-half hours of paid time off work for each hour of overtime worked. Such time off shall be taken at a mutually convenient time within six (6) months of the work week in which the overtime was worked. In the event the time off cannot be taken in the 6 month period the Employer will pay the employee for such time owing. Upon the termination of employment the Employer will pay the employee for any such time owing. 17.03 Available overtime opportunities shall be offered to employees on a voluntary basis. However, and given the nature of the Employer's services, in the event that there are not sufficient volunteers to meet the Employer's requirements for overtime or in the event of an emergency, the Employer may assign and require the overtime to be worked by the least senior employee(s). 17.04 Article 17.03 shall not apply in the case of emergent circumstances. Collective Agreement between the Corporation of the Town ofTillsonburg, Fire Services Department and Tillson burg Dispatchers Firefighters' Association Effective to March 318\2012 -24- ARTICLE 18 PUBLIC HOLIDAYS AND PUBLIC HOLIDAY PAY 18.01 Each calendar year, full-time employees shall be entitled to public holiday pay, which shall be equal to their regular wage rate for a regular work day, in respect of each of the following public holidays: New Year's Day Good Friday Labour Day Christmas Day Boxing Day Civic Holiday Thanksgiving Day Easter Monday Victoria Day Canada Day Floating Holiday Public Holidays shall be observed on the day that the public holidays naturally occur. 18.02 Employees required to work on any of the above described public holidays shall receive one and one half times their regular wage rate for all hours worked on such public holiday in addition to their public holiday pay. 18.03 In order to qualify for public holiday pay full-time employees must have worked their full regularly scheduled shift before and after the public holiday, unless excused by the Employer for being absent on such qualifying days. 18.04 The payment of public holiday pay and the entitlement to public holidays for part-time employees will be in accordance with the provisions of the Employment Standards Act, as if it such provisions applied to such employees. Collective Agreement between the Corporation of the Town ofTil!sonburg, Fire Services Department and Tillsonburg Dispatchers Firefighters' Association Effective to March 31"\ 2012 -25- ARTICLE 19 VACATIONS AND VACATION PAY 19.01 Full-time employees shall receive vacation and vacation pay based on length of continuous service with the Employer as of the employee's anniversary date of employment with the Employer on the following basis: (a) Employees with between one (1) and less than 4 years of continuous service shall be entitled to a vacation of two (2) weeks with vacation pay. (b) Employees with between four (4) and less than ten (10) years of continuous service shall be entitled to a vacation of three (3) weeks with vacation pay. (c) Employees with between ten (10) years and less than eighteen (18) years of continuous service shall be entitled to a vacation of four (4) weeks with vacation pay. (d) Employees with between eighteen (18) years and less than twenty-five (25) years of continuous service shall be entitled to a vacation of five (5) weeks with vacation pay. (e) Employees with twenty-five years or more of continuous service shall be entitled to a vacation of six (6) weeks with vacation pay. 19.02 "Vacation pay" for purposes of Article 19.01 shall be the employee's regular wage rate for a regular work week. 19.03 In the case that a full-time employee is not actively employed for any reason (except for periods of vacation and except for periods for which the employee is in receipt of short term disability benefits) during a year for which vacation is given, the entitlement to vacation and vacation pay described in Article 19.01 shall be reduced in proportion to the period of time the full-time employee is not actively employed. In no case, will this Article be applied so that a full-time employee receives less than the minimum vacation prescribed by the Employment Standards Act. 19.04 Part time employees will be entitled to two weeks vacation and vacation pay calculated in accordance with the terms of the Employment Standards Act. Vacation pay will be paid to employees on the pay relating to the pay period in which the vacation pay is earned. 19.05 In the case that a part-time employee becomes a full-time employee, the employee will, notwithstanding anything to the contrary contained in the Collective Agreement, be entitled only to two weeks vacation without vacation pay during the first twelve (12) months of employment as a full-time employee. Thereafter, the employee will be entitled to vacation and vacation pay, in accordance with Article 19.01 of the Collective Agreement. 19.06 Employees making requests for vacation must submit their request to the Fire Chief in writing by February 151 of the year the vacation is requested to be taken. Requests for vacation will be granted, giving consideration to seniority and subject to operational Collective Agreement between the Corporation of the Town ofTillsonburg, Fire Services Department andTillsonburg Dispatchers Firefighters' Association Effective to March 318\ 2012 -26- considerations and, otherwise, to the Employer being able to maintain efficient operations and proper staffing levels without consideration of overtime. Vacation requests made after February 1 '1 shall be granted on a first-come-first-served basis and shall, similarly, be subject to operational considerations and, otherwise, to the Employer being able to maintain efficient operations and proper staffing levels without consideration of overtime. 19.07 In considering requests made for vacation under Article 19.06, the Employer shall grant no more than two weeks of prime time vacation to any employee, until such time that all requests for vacation made by February 1 '1 are considered and assessed in accordance with the conditions at Article 19.06. Any additional prime time vacation will be subject to availability. Prime time vacation period shall run from the last two weeks of June to the first two weeks of September. 19.08 Should a public holiday, for which an employee is entitled to public holiday pay, fall during on an employee's approved vacation period she will receive an additional vacation day with pay. 19.09 Employees will not be scheduled on a night shift prior to a day that has been approved as vacation. Collective Agreement between the Corporation of the Town ofTillsonburg, Fire Services Department andTillsonburg Dispatchers Firefighters' Association Effective to March 318\2012 -27- ARTICLE 20 LEAVES OF ABSENCE 20.01 Pregnancy and parental leaves will be granted in accordance with the provisions of the Employment Standards Act. 20.02 Full-time employees shall be entitled to a personal leave of absence of up to two (2) days per calendar year without loss of regular straight time pay. The scheduling of such personal leave of absence shall be made by the Employer in consultation with the employee and the Employer shall consider the employee's requested date(s) of absence and the scheduling and other operational issues and difficulties that would arise if the employee were to be absent on the date(s) that he has requested to be absent. 20.03 Upon request in writing to the Fire Chief at least ten (1 0) days in advance, the Employer may, in its discretion, grant a request for a leave of absence for legitimate personal reasons. In the event of an emergency or in a situation that does not permit the employee the opportunity to provide ten (1 0) days written notice, such notice period may be waived by the Employer. In the discretion of the Employer, leaves of absence may be approved for a period of up to 30 days (90 days in the case the employee wishes to extend a pregnancy, parental or family medical leave). The Employer may require the employee to provide documentation to support the reasons for the request for a leave of absence. 20.04 All leaves of absence will be without pay and without benefits except as may be specifically provided in this Collective Agreement, or except where benefits continuation is required by law. 20.05 An employee who has been granted an extended leave of absence in accordance with Article 20.03 of the Collective Agreement, may elect to continue to participate in the Employer's group health and welfare insurance plans for the period of the approved leave of absence (up to a maximum of 90 days from the date the approved leave of absence commenced), and further provided that: (a) the employee was eligible and participated in the group health and welfare insurance plan at the time the approved leave of absence is granted and retains eligibility under the terms of the group health and welfare insurance plan for the duration of the approved leave of absence; (b) the employee notifies the Employer, in writing, at the time of the request for the leave of absence, that she wishes to continue to participate in the group health and welfare insurance plan; and, (c) the employee pays for the full premium cost of the group health and welfare insurance plan, for the duration of the period of leave of absence, in advance of the commencement of the approved leave of absence, either in full or by post dated monthly payments. 20.06 BEREAVEMENT LEAVE A bereavement leave of absence, without loss of regular straight time pay, shall be Collective Agreement between the Corporation of the Town ofTillsonburg, Fire Services Department and Tillsonburg Dispatchers Firefighters' Association Effective to March 31"\ 2012 -28- granted for employees grieving the loss of, and attending the funeral of, a family member in accordance with the following: (a) Five (5) days immediately following the death of a spouse, common-law spouse, same sex partner, parent, stepmother, stepfather,· child, stepchild, or parent, stepmother, stepfather of the employee's current spouse, common-law spouse or same sex partner. (b) Three (3) days immediately following the death of a grandchild, grandparent, brother, stepbrother, sister, stepsister, or sister, stepsister, brother, stepbrother or grandparent of the employee's current spouse, common-law spouse or same sex partner. (c) One (1) day to attend the funeral of an aunt or uncle, a close friend or to serve as a pallbearer. Bereavement leave and pay under this Article shall be subject to the employee providing the Employer, at the request of the Employer, documentation which supports the employee's entitlement to claim the benefit of this Article. (d) For greater clarity, it is understood that bereavement leave of absence under this Article is to be without loss of regular straight time pay such that an employee will paid her regular straight time rate only for the hours that employee is scheduled to work during the days permitted to be absent from work on account of bereavement leave under this Article. (Example: in the event of the death of the stepfather of the employee's current spouse, and the employee was scheduled to work 16 hours in the five (5) days immediately following such death, the employee would be eligible to receive 16 hours pay at the employee's regular straight time rate). 20.07 JURY DUTY AND CROWN WITNESS LEAVE (a) A full-time employee who is required to serve and reports for jury duty or is subpoenaed to give evidence as a Crown Witness and attends the Court in answer to the subpoena will not suffer a loss of any regular straight time pay for the required absence from work during the employee's regularly scheduled working days subject to the condition that the employee will pay to the Employer all monies received for said jury duty or as a Crown Witness, exclusive of traveling and meal allowance. The employee shall present proof to the Employer of attendance as a Crown witness or jury duty and the amount of pay received as a result. (b) An employee who is subpoenaed and attends a Coroner's Inquest in a matter related to the Employer's work, will not suffer a loss of any regular straight time pay for the required absence from work during the employee's scheduled working days subject to the condition that the employee will pay to the Employer all monies received for said Coroner's Witness, exclusive of traveling and meal allowance. The employee shall present proof to the Employer of attendance at the Coroner's inquest and the amount of pay received as a result. Collective Agreement between the Corporation of the Town ofTillsonburg, Fire Services Department and Tillsonburg Dispatchers Firefighters' Association Effective to March 31"\ 2012 -29- 20.08 If, due directly to their work schedules, an employee is unable to vote in a federal, provincial or municipal election outside of their scheduled working hours, the Employer shall grant up to four hours off work, or such lesser time as may be necessary, without loss of regular straight time pay for the purpose of permitting an employee the opportunity to vote. Such time off must be requested at least two days in advance of the election. 20.09 Employees are entitled to Family Medical Leave in accordance with the terms of the Employment Standards Act. 20.10 LEAVES OF ABSENCE FOR ASSOCIATION FUNCTIONS Upon request to the Employer made at least 30 days in advance of the date the leave is expected to occur, an employee elected or appointed to represent the Association at a convention, conference, meeting or seminar shall be granted a leave of absence without pay but without loss of benefits or seniority. Only one such representative of the Association may be granted a leave of absence at a time. 20.11 LEAVES OF ABSENCE FOR ASSOCIATION OFFICE Upon request to the Employer made at least 90 days in advance of the date the leave is expected to occur, an employee elected or appointed to a full-time position with the Association or any affiliate of the Association shall be granted a leave of absence for up to one year without pay but without loss or seniority. Only one such representative of the Association may be granted a leave of absence at a time. Collective Agreement between the Corporation of the Town ofTillsonburg, Fire Services Department andTillsonburg Dispatchers Firefighters' Association Effective to March 318', 2012 -30- ARTICLE 21 PROFESSIONAL DEVELOPMENT 21.01 The Employer shall maintain a membership, in its own name and for the benefit of employees, in the Ontario Professional Dispatchers' Association. 21.02 The Employer may provide tuition assistance to employees who have successfully completed their probationary period and who remain in active employment through to the completion of the educational program in respect of which the employee is requesting tuition assistance. (a) In order to be eligible for tuition assistance, an employee must acquire all the details regarding the educational program in respect of which the employee is requesting tuition assistance (including the educational institution through which the program is offered, the full program description, the cost of the program, the broader program through which the course is offered, and the relevance and application of the program to the employee's employment with the Employer) and provide all such details to the Employer together with the request for tuition assistance. (b) An employee's request for tuition assistance will be assessed by the Employer and a decision will be made as to whether the educational program qualifies for tuition assistance. The Employer retains the right to, at its discretion, provide tuition assistance to any (or no) amount of the tuition-related costs of the educational program. (c) All approvals for tuition assistance must be received by the employee prior to the employee commencing the educational program in respect of which the tuition assistance is sought and will be subject to the further condition that the employee achieves a final grade of at least 60%, or equivalent, (in cases where the educational program is graded in that manner) or present a certificate of completion in cases where only a certificate of completion is presented to successful participants. (d) Participation in any educational programs, or provision of tuition assistance, does not constitute a representation by the Employer that the employee will be entitled to advancement or pay increases under this Collective Agreement. 21.03 The Employer shall provide training to employees in defibrillation, CPR and First Aid equivalent to the training provided to CSRs employed by the Employer. Collective Agreement between the Corporation of the Town ofTillsonburg, Fire Services Department and Tillsonburg Dispatchers Firefighters' Association Effective to March 3181,2012 -31 - ARTICLE 22 WAGES AND ALLOWANCES 22.01 WAGES Wages shall be paid in accordance with Schedule "A" to this Collective Agreement which sets out the wages and certain rules for the payment of wages which have been agreed to by the Employer and the Association. 22.02 PAY DAYS The Employer shall pay employees at bi-weekly intervals in accordance with Schedule "A" attached hereto. On each pay day, each employee shall be provided with an itemized statement setting out the wages, overtime, supplementary pay and deductions relating to the current pay period. 22.03 AUTOMOBILE ALLOWANCE The Employer agrees to pay each employee forty-five cents (45¢) per kilometre for each kilometre driven in the employee's own automobile on the Employer's business on the conditions that such business and the use of the Employer's own automobile is authorized in advanced by the Employer. 22.04 COMMUNITY CENTRE AND HEALTH CLUB Employees shall be entitled to an Adult Membership in the Employer's Community Centre and Health Club. The fee for such membership shall by waived by the Employer. Such membership shall be for the personal use of the employee and shall not be transferred. To receive this benefit, an employee must make a written request to the Employer and complete the necessary forms and documents. Collective Agreement between the Corporation of the Town of Tillsonburg, Fire Services Department andTillsonburg Dispatchers Firefighters' Association Effective to March 31st, 2012 -32- ARTICLE 23 GROUP INSURANCE BENEFITS 23.01 The Employer agrees to continue to remit 100% of the cost of the premiums for group health and welfare insurance benefits (save for the cost of the premiums for LTD, which shall continue to be paid by the full-time employee), on behalf of full-time employees. (a) For greater clarity, it is understood and agreed that the Employer's obligation is in respect of the payment of the premium(s) for insurance only and that all decisions respecting eligibility and approval I denial of claims are to be made exclusively by the insurer. (b) The Employer may, at its option, obtain group health and welfare insurance from another insurer, provided that such insurance is at least equal in the aggregate to the insurance that is offered through the Manufacturers Life Assurance Company as of the date of ratification of this Collective Agreement. 23.02 Employees eligible to participate in OMERS in accordance with the OMERS Act and its regulations, shall be offered the opportunity to participate in OMERS, or required to participate in OMERS, as the case may be, subject to the limitations and restrictions of the OMERS Act and its regulations. Collective Agreement between the Corporation of the Town ofTillsonburg, Fire Services Department andTillsonburg Dispatchers Firefighters' Association Effective to March 31"\ 2012 -33- ARTICLE 24 GENERAL CONDITIONS 24.01 BULLETIN BOARDS The Employer shall provide one bulletin board in the fire station and upon which the Association shall have the right to post notices of meetings and such other notices as may be of interest to the employees provided that such notices are in furtherance of the legitimate business of the Association and are not contrary to good order or decency and are not disparaging to the Employer. 24.02 The Employer shall provide the Association with space for a locked filing cabinet in a secure location, if the Association requires it. The Employer shall make available, free of charge, the use of the Meeting Room at mutually agreeable dates and times for the purpose of conducting meetings of the Association's membership and meetings of the Association's Executive Committee. 24.03 The Employer will permit the Association to use the employee mail boxes and workplace e-mail addresses (employee@tillsonburg.ca or employee@town.tillsonburg.on.ca) for the purpose of distributing information to its members only, provided that such information is in furtherance of the legitimate business of the Association and it is not contrary to good order or decency and it is not disparaging to the Employer. 24.04 The Employer may only install reasonable surveillance in the building that will not include restrooms, lunch rooms, meeting rooms that the Association will be holding meetings in and in the Communications Room. 24.05 The Employer will provide employees who advise the Employer that they have been involved in a critical incident with a Critical Incident Stress Debriefing. The Employer will provide such debriefing though its internal resources. If an employee who is involved in such critical incident is determined, through medical certification, to require further professional or third party assistance, the Employer and the employee will cooperate with one another so that the employee has reasonable access to such assistance. 24.06 An employee shall have the right to review her personnel record provided reasonable notice is given to the Fire Chief or his designate. Such personnel records will be kept in a secure location accessible only to the Employer's management. Collective Agreement between the Corporation of the Town of Tillsonburg, Fire Services Department and Tillson burg Dispatchers Firefighters' Association Effective to March 31st, 2012 -34- ARTICLE 25 COPIES OF COLLECTIVE AGREEMENT 25.01 The Association and the Employer desire every employee to be familiar with the provisions of this Collective Agreement and her rights and obligations under it. For this reason, the Employer shall print, at its own costs, sufficient copies of the Collective Agreement within thirty (30) days of signing of the Collective Agreement and distribute a copy to each employee. Collective Agreement between the Corporation of the Town ofTillsonburg, Fire Services Department and Tillson burg Dispatchers Firefighters' Association Effective to March 31"\ 2012 -35- ARTICLE 26 TERM OF COLLECTIVE AGREEMENT 26.01 TERM OF COLLECTIVE AGREEMENT This Agreement shall be binding and remain in effect from ratification to March 31 •t, 2012 and shall continue from year to year thereafter unless either party gives to the other party notice in writing that it desires its revise or amend the Collective Agreement. 26.02 Any changes deemed necessary to this Collective Agreement may be made in writing by mutual agreement at any time during the existence of this agreement. 26.03 Either party desiring to propose changes to this Collective Agreement shall, within the ninety (90) days prior to the termination date, give notice in writing to the other party of its desire to revise or amend the Agreement. 26.04 Where notice to amend the Collective Agreement is given, the provisions of this Agreement shall continue in force until a new Agreement is signed. Collective Agreement between the Corporation of the Town ofTillsonburg, Fire SeiVices Department and Tillson burg Dispatchers Firefighters' Association Effective to March 31 81, 2012 -36- ARTICLE 27 HEALTH AND SAFETY 27.01 The Employer agrees to establish and maintain a Joint Health and Safety Committee comprised of 2 representatives of the Association and 2 representatives of the Employer. Collective Agreement between the Corporation of the Town ofTillsonburg, Fire Services Department and Tillson burg Dispatchers Firefighters' Association Effective to March 31"\ 2012 -37- All of which is acknowledged and agreed at the Town of Tillsonburg, this ~ day of June, 2009. THE ASSOCIATION Collective Agreement between the Corporation of the Town ofTillsonburg, Fire Services Department and Tillson burg Dispatchers Firefighters' Association Effective to March 31st, 2012 -38- SCHEDULE "A"-REGULAR HOURLY WAGE RATES Part Time Fire Communicators: Active Employment in Classification 23/03/09 23/03/10 23/03/11 0-12 months $13.00 $13.13 $13.26 12-18 months $16.00 $16.16 $16.32 18 -24 months $16.50 $16.67 $16.83 24 months+ $17.26 $17.43 $17.61 Full Time Fire Communicators: Active Employment in Classification 23/03/09 23/03/10 23/03/11 0-12 months $20.00 $20.20 $20.40 12-18 months $21.50 $21.72 $21.93 18 -24 months $23.50 $23.74 $23.97 24 months+ $25.00 $25.25 $25.50 Collective Agreement between the Corporation of the Town ofTillsonburg, Fire Services Department and Tillson burg Dispatchers Firefighters' Association Effective to March 31"\ 2012 Between: -39- MoUA-PAY EQUITY MEMORANDUM OF UNDERSTANDING AND AGREEMENT Corporation of the Town of Tillson burg, Fire Services Department -and- Tillsonburg Dispatchers Firefighters' Association Respecting Pay Equity dated March 4th, 2009 The parties agree as follows for the purposes of pay equity: "Fire Communicator, Part-time", is a female dominated job class. (the "Employer'') {the "Association") There are no male dominated job classes within the bargaining unit represented by the Association. It is agreed that the position of "Winter Operations, Heavy Equipment Operator'' is a comparable male job class in the establishment within the meaning of the Pay Equity Act. Each position was evaluated using a gender neutral job evaluation system. It has been identified that there is a pay equity adjustment to be made to each employee employed in the bargaining unit as a Fire-Communicator, Part-time equal to the difference between the rate actually paid to them and $16.00 for each hour worked from June 19t", 2008 through to and including the day before the effective date of the Collective Agreement. As of the effective date of the Collective Agreement, each employee then employed in the classification of Fire Communicator, Part-time shall be paid $17.26 per hour worked, irrespective of whether the employee has satisfied the requirement, described in Schedule "A" of the Collective Agreement, to have been actively employed in the classification for at least 24 months. Notwithstanding anything to the contrary contained in this Memorandum, the active employment service thresholds, described in Schedule "A" of the Collective Agreement, shall apply to all employees who become actively employed after the effective date of the Collective Agreement Collective Agreement between the Corporation of the Town ofTillsonburg, Fire Services Department and Tillson burg Dispatchers Firefighters' Association Effective to March 31 8\ 2012 -40- (for example, employees will receive the entry-level wage rate for the first 12 months of active employment in a classification). It is agreed that this Memorandum and its terms and obligations are conditional upon the ratification of the Collective Agreement. Pay equity adjustments provided for by this Memorandum will be paid within three (3) weeks of such ratification. It is agreed that there is no further retroactive, or other, pay equity adjustment due or outstanding. It is agreed and understood that this wage adjustment will form part of the Collective Agreement, as provided by the Pay Equity Act. It is further agreed that, in respect of maintenance of pay equity, Fire Communicators, Full-time will be paid in accordance with Schedule "A" to the Collective Agreement and that is in compliance with the Pay Equity Act and that there is no retroactive, or other, pay equity adjustment due or outstanding. It is agreed by the parties that, by execution of this Memorandum and the payment of the agreed amounts, all matters related to pay equity, or its maintenance, are current and in good standing. This Memorandum is made pursuant to, and in satisfaction of, the provisions of the Pay Equity Act. All of which is acknowledged and agreed at the Town of Tillsonburg, this 1.-Y day of June, 2009. HE ASSOCIATION Collective Agreement between the Corporation of the Town ofTillsonburg, Fire Services Department and Tillson burg Dispatchers Firefighters' Association Effective to March 31"1, 2012 Between: -41- MOUA-FULL TIME POSITIONS MEMORANDUM OF UNDERSTANDING AND AGREEMENT Corporation of the Town of Tillsonburg, Fire Services Department -and- Tillsonburg Dispatchers Firefighters' Association Respecting Full-Time Positions dated March 41h, 2009 (the "Employer'') ·--~ (the "Association") 1. During collective bargaining for the conclusion of the Collective Agreement, the Employer and the Association agreed that the Employer would, by the first Friday following the ratification of the Collective Agreement, post to fill four vacancies in the classification of Fire Communicator, Full-time. 2. The posting process and the selection of the successful applicants to the postings will be in accordance with the Collective Agreement. 3. The Employer and the Association also acknowledge that there are currently two Fire- Communicators, Full-time that are on approved medical leaves of absences from their employment. (a) The Employer and the Association recognize that these employees may return to active employment. {b) For that reason, and to permit the return of these employees to active employment in the most orderly manner possible, the Employer and the Association agree that, notwithstanding anything to the contrary contained in the Collective Agreement; Collective Agreement (i) both employees will, on their return to active employment, be entitled to displace (bump) the most junior employee employed in the classification of Fire Communicator, Full Time. (ii) Any employee displaced as a result of this Memorandum shall be returned to a position of Fire Communicator, Part-time, if one exists. If no between the Corporation of the Town ofTillsonburg, Fire Services Department and Tillson burg Dispatchers Firefighters' Association Effective to March 318', 2012 -42- such position exist, the employee displaced will be laid off and such lay off will be deemed to be in compliance with the Collective Agreement. (1) Any junior employee employed in the classification of Fire Communicator, Part-time may be laid off to accommodate the return of the employees to the classification in accordance with this Memorandum and such lay-off shall be deemed to be in compliance with the Collective Agreement All of which is acknowledged and agreed at the Town of Tillson burg, this 'L Y day of June, 2009. R THE ASSOCIATION Collective Agreement between the Corporation of the Town of Tillsonburg, Fire Services Department andTillsonburg Dispatchers Firefighters' Association Effective to March 31st, 2012 Between: -43- MOUA-FIREFIGHTERS (FIRE SUPPRESSION} MEMORANDUM OF UNDERSTANDING AND AGREEMENT Corporation of the Town of Tillson burg, Fire Services Department -and- Tillsonburg Dispatchers Firefighters' Association Respecting Firefighters (Fire Suppression) dated March 41h, 2009 (the "Employer") (the "Association") The Employer and the Association agree that should, during the term of the Collective Agreement, the Employer indicate an intention to employ firefighters in a fire suppression capacity, they will, immediately upon the happening of that event, meet to collectively bargain the terms and conditions of employment that will apply to such firefighters. All of which is acknowledged and agreed at the Town of Tillson burg, this 2 'f day of June, 2009. THE ASSOCIATION Collective Agreement between the Corporation of the Town of Tillsonburg, Fire Services Department and Tillson burg Dispatchers Firefighters' Association Effective to March 315', 2012