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COLLECTIVE AGREEMENT,
made pursuant to the terms of the Fire Protection and Prevention Act, 1997
Between:
The Corporation of the Town of Tillsonburg, Fire Services Department (the “Employer”)
AND
Tillsonburg Dispatchers Firefighters' Association (the “Association”)
Effective: April 1, 2021 to March 31, 2024
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Contents
ARTICLE 1 GENERAL PURPOSE ................................................................................. 2
ARTICLE 2 ASSOCIATION RECOGNITION .................................................................. 3
ARTICLE 3 MANAGEMENT RIGHTS ............................................................................. 5
ARTICLE 4 NO STRIKE OR LOCK OUT ........................................................................ 5
ARTICLE 5 ASSOCIATION MEMBERSHIP .................................................................... 6
ARTICLE 6 CORRESPONDENCE.................................................................................. 6
ARTICLE 7 LABOUR MANAGEMENT COMMITTEE ..................................................... 6
ARTICLE 8 GRIEVANCE PROCEDURE ........................................................................ 7
ARTICLE 9 ARBITRATION ............................................................................................. 9
ARTICLE 10 DISCHARGE, SUSPENSION AND OTHER DISCIPLINE........................ 10
ARTICLE 12 JOB POSTINGS ....................................................................................... 12
ARTICLE 13 LAY OFF .................................................................................................. 12
ARTICLE 14 HOURS OF WORK .................................................................................. 13
ARTICLE 15 OVERTIME .............................................................................................. 15
ARTICLE 16 PUBLIC HOLIDAYS AND PUBLIC HOLIDAY PAY .................................. 16
ARTICLE 17 VACATIONS AND VACATION PAY......................................................... 17
ARTICLE 18 LEAVE OF ABSENCE.............................................................................. 18
ARTICLE 19 PROFESSIONAL DEVELOPMENT ......................................................... 21
ARTICLE 20 WAGES AND ALLOWANCES ................................................................. 22
ARTICLE 21 GROUP INSURANCE BENEFITS ........................................................... 23
ARTICLE 22 GENERAL CONDITIONS ......................................................................... 23
ARTICLE 23 COPIES OF COLLECTIVE AGREEMENT ............................................... 24
ARTICLE 24 TERM OF COLLECTIVE AGREEMENT .................................................. 24
ARTICLE 25 HEALTH AND SAFETY............................................................................ 25
ARTICLE 26 UNIFORMS .............................................................................................. 25
APPENDIX "A" - REGULAR HOURLY WAGE RATES ................................................. 28
APPENDIX “B” – SHIFT SCHEDULES ......................................................................... 28
ARTICLE 1 GENERAL PURPOSE
1.1 The general purpose of this Collective Agreement between the Employer and the
Association is to develop relations based on mutual respect and ensure a healthy, safe
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and productive workplace. This will promote the viability and prosperity of the
organization and quality services to our customers.
1.2 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.
1.3 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.
1.4 "Employee" shall refer to an employee employed in the bargaining unit and
covered by the terms of this Collective Agreement.
ARTICLE 2 ASSOCIATION RECOGNITION
2.1 The Employer recognizes the Association as the sole and exclusive bargaining
agent for all firefighters employed in the Fire Communications Division, 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, save and except Deputy Chief,
supervisors and persons above the rank of supervisor.
2.2 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.
2.3 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,
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e) the unavailability of an employee in the bargaining unit to perform the work.
2.4 The Association's Executive Committee shall be comprised of two 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 his/her working hours, he/she will not leave his/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, Labour Management, and Health and Safety
Meetings under this Collective Agreement, up to a maximum of 5 hours per month, as
between all members of the Association Officers and Committee Members.
2.5 No more than one (1) 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.
2.6 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.
2.7 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
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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.
2.8 All new hires are able to vote on association matters when the probation period
has been completed.
ARTICLE 3 MANAGEMENT RIGHTS
3.1 The Association acknowledges that it is the right and function of the Employer's
management to:
a) hire, discharge, classify, transfer, promote, demote or discipline employees,
provided that a claim that an employee who has acquired seniority and completed
his/her 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
b) otherwise manage, direct and control its business and workforce.
3.2 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.
3.3 The Employer agrees that these management rights shall be exercised in a
manner consistent with the expressed provisions of this Collective Agreement.
3.4 The Employer shall present all new S0Gs and directives to each employee for
sign off. Employees are required to sign such S0Gs and directives acknowledging
receipt of same. If an employee refuses to sign such S0Gs or directives when they are
presented, they shall be deemed to have signed. The Employer shall keep copies of all
S0Gs and directives on its network and/or the CAD and in a binder where employees
may access them.
ARTICLE 4 NO STRIKE OR LOCK OUT
4.1 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
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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.
ARTICLE 5 ASSOCIATION MEMBERSHIP
5.1 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.
5.2 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.
5.3 Contract employees will be recognized by the Association, but will not be able to
vote or sit on any Committees until hired by the employer.
ARTICLE 6 CORRESPONDENCE
7.1 Unless otherwise specified in this Collective Agreement, all correspondence
between the parties shall pass to and from the Employer and the President or
Designate of the Association, with a copy to the President of the Association.
7.2 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 Deputy Fire Chief and Manager of
Human Resources and/or his or her designate on the part of the Town, and the
Recording Secretary on the part of the Association.
ARTICLE 7 LABOUR MANAGEMENT COMMITTEE
8.1 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, made up of one (1)
representative of the Fire Services and one (1) representative of the Corporate Office.
The Labour Management Committee shall enjoy the full support of both parties in the
interests of improved labour relations and service to the public.
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8.2 The Labour Management Committee shall concern itself with the following
general matters:
a) addressing conditions causing grievances and misunderstandings.
8.3 The Labour Management Committee shall meet upon request of either party, but
no more than four (4) times per year.
8.4 A representative of the Employer and a member of the Association shall be
designated as joint chairpersons and shall alternate in presiding over meetings.
8.5 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.
8.6 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.
ARTICLE 8 GRIEVANCE PROCEDURE
9.1 A grievance shall be defined as any difference arising 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.
9.2 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
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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 Manager of 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 ten (10) days after the grievance was submitted.
Step 3
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 ten
(10) days following such meeting.
Step 4
Failing satisfactory settlement, the Association has the right to refer the grievance to
arbitration pursuant to Article 10 of the Collective Agreement.
9.3 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 Procedure may be by-passed.
9.4 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.
9.5 Replies to grievances stating reasons shall be in writing at all stages and shall be
directed to the Association.
9.6 The Employer shall supply the necessary facilities for the grievance meetings
between the Employer and the Association.
9.7 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.
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9.8 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.
9.9 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.
ARTICLE 9 ARBITRATION
10.1 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.
10.2 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.
10.3 Fees and expenses of the arbitrator shall be shared equally by the parties.
10.4 At any stage of the grievance or arbitration procedures, the parties may have the
assistance of the employee or employees involved.
10.5
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
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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.
10.6 "Days ", for purposes of Articles 9 and 10 of the Collective Agreement, shall be
considered calendar days, but shall exclude Saturdays, Sundays and the public
holidays prescribed by the Employment Standards Act.
ARTICLE 10 DISCHARGE, SUSPENSION AND OTHER DISCIPLINE
11.1 An employee who has completed his or her probationary period may be
dismissed or disciplined, but only for just cause.
11.2 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.
11.3 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.
11.4 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.
ARTICLE 11 SENIORITY
12.1 Seniority shall be based on the most recent date of hire within 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.
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12.2 If employees start their employment on the same calendar day, seniority will be
determined based on the last three digits of the employee’s Social Insurance Number.
12.3 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.
12.4 Probationary employees 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.
12.5 Seniority shall be lost, seniority rights shall cease, and employment will end, for
any employee who:
a) voluntarily resigns 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;
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;
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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;
j) is determined by the Employer to have made an untruthful statement on his
application for employment; this sub-article U) 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; and
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.
ARTICLE 12 JOB POSTINGS
13.1 When a vacancy occurs within the bargaining unit, 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
fourteen (14) days.
13.2 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 i have
the necessary skill, ability and qualifications to perform the work of the job, the more
senior applicant will be awarded the job.
13.3 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.
ARTICLE 13 LAY OFF
14.1 A layoff shall be understood to occur when the Employer:
a) reduces the number of employees in the workforce; or,
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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.
14.2 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.
14.3 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.
14.4 New employees will not be hired until those laid-off, and who have maintained
their seniority rights, have been recalled.
ARTICLE 14 HOURS OF WORK
15.1 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.
15.2 The regular work week averaged in a two week period for a full time employee
shall be 39.48 hours for Schedule A or 40.36 hours for Schedule B. Please see
Appendix B for the Shift Schedules.
15.3
a. If unable to take regularly scheduled eating periods and other breaks, employees
who complete a regular shift shall be paid, in addition to the regular hourly rate for the
hours worked, a meal premium at their regular hourly rate as outlined below.
i. 5 hours or more: 1/2 hour
ii. 8 hours or more: 1 hour
iii. 12 hours or more: 1.95 hours
iv. +12 hours: every 5 hours additional 1/2 hour
Such hours shall not be considered time worked.
15.4 Employees who are at work shall be required to remain on the Employer's
premises at all times unless approved otherwise and shall be available for emergency
activation at all times.
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15.5 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 this 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.
b) Scheduled hours of work for part-time employees shall be provided on an
equitable basis unless otherwise agreed upon between employee and management.
15.6 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. Once all eligible part¬ time employees
have been offered the opportunity to work the available hours (full shift), the hours
would then again be offered to all eligible part time employees as a split shift by
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:
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i. A part-time employee who is not scheduled to work 40 hours or more in the
week;
ii. A part-time employee who would not receive premium pay if they were 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 any scheduling situation that
has arisen without at least six (6) hours notification of available hours. For these shifts
the first four (4) hours will be paid at time and a half.
f. Notification of available hours or on call if less than six (6) hours must be made
by phone call. If a message is left it must clearly define the time of call and the hours or
on call available. If a notification is offered by e-mail it must be over twenty four (24)
hours notification, and it must clearly define the available hours being offered.
ARTICLE 15 OVERTIME
16.1 Full time employees - All hours worked by employees in excess of the weekly
averaged hours shall be considered overtime and employees will be paid one and one-
half (1.5) times their regular wage rate for such hours.
Part time employees - All hours worked by employees in excess of forty(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.
16.2 Full Time Employees - 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 six (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.
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16.3 Available overtime opportunities shall be offered in accordance with Article 15.07.
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) or the employee on shift if such situation occurs
within the last two (2) hours of the scheduled shift.
16.4 A minimum of six (6) hours must be accumulated before you can request the
time off so as to not make any shift less than six (6) hours in length of the part time
employees. If within six (6) months of the actual overtime being accrued, if the
employee has not accumulated six (6) hours, the hours must be paid out.
16.5 At any time a Chief to the bellroom has been initiated, and a non-- Association
member will be attending the bellroom they must initiate a call-in within one (1) hour if
the situation requires further assistance, and remain in the bellroom until the
Association member arrives.
ARTICLE 16 PUBLIC HOLIDAYS AND PUBLIC HOLIDAY PAY
17.1 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
Family Day
Good Friday
Easter Monday
Victoria Day
Canada Day
Civic Holiday
Labour Day
Thanksgiving Day
Christmas Day
Boxing Day
Floating Holiday
This also includes all future regulated statutory holidays
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Public Holidays shall be observed on the day that the public holidays naturally occurs.
17.2 Employees required to work on any of the above described public holidays shall
receive one and one half times (1.5) their regular wage rate for all hours worked on
such public holiday.
17.3 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.
17.4 Full time employees not required to work on one of the public holidays listed
above shall receive the first shift following the public holiday off in lieu.
17.5 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.
ARTICLE 17 VACATIONS AND VACATION PAY
18.1 The calendar year will be from January to December, and all employees vacation
time will be calculated to reflect this timeframe.
18.2 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.
18.3 "Vacation pay" for purposes of this Article shall be the employee’s regular wage
rate for a regular work week.
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18.4 Part time employees will be entitled to 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.
In the case that a part-time employee becomes a full-time employee, the employee will
in accordance with the Employment Standards Act, 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 this Article
18.5 Employees making requests for vacation must submit their request to
management in writing by October 1 of the current year for the upcoming year.
Requests for vacation will be granted, giving consideration to seniority and subject to
operational considerations and, otherwise, to the Employer being able to maintain
efficient operations and proper staffing levels without consideration of overtime.
Vacation requests made after October 1s t 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.
18.6 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.
18.7 Part-time employees will not be scheduled on a night shift prior to a day that has
been approved as vacation.
ARTICLE 18 LEAVE OF ABSENCE
19.1 Leave of Absences will be granted in accordance with the provisions of the
Employment Standards Act.
19.2 Upon request in writing to management at least ten (10) 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 a situation that does not permit the employee the
opportunity to provide ten (10) days written notice, such as personal illness, injury or
medical emergency of the employee, or the illness, medical emergency, or urgent
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matter relating to family members in accordance with the Employment Standards Act,
2000 (ESA) , no approval is required. At 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 evidence reasonable in the
circumstance to support the reasons for the request for a leave of absence.
a) Full-time employees shall be entitled to ten (10) personal emergency leave days
per calendar year without loss of regular straight time pay per calendar year.
b) Part-time employees shall be entitled to two (2) personal emergency leave days
per calendar year without loss of regular straight time pay and eight (8) unpaid personal
emergency leave days per calendar year.
19.3 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.
19.4 An employee who has been granted an extended leave of absence in
accordance with the Employment Standards Act as approved , may 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) An employee on an Employment Standards Act approved leave shall continue to
pay the employee related premium cost for 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 postdated monthly payments.
19.4 A bereavement leave of absence, without loss of regular straight time pay,
shall be granted for employees grieving the loss of, and attending the funeral of, a
family member in accordance with the following:
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a) The first seven (7) days immediately following the death of a spouse, common-
law spouse, same sex partner, parent, stepmother, stepfather, child, stepchild of
employee or their current spouse, common-law spouse, same sex partner, grandchild,
grandparent, brother, stepbrother, sister, stepsister of employee or their current
spouse, common-law spouse or same sex partner.
b) 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.
c) 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 be
paid his/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
four (4) days immediately following such death, the employee would be eligible to
receive 16 hours pay at the employee's regular straight time rate).
19.5
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
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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.
19.6 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.
19.7 Employees are entitled to Family Medical Leave in accordance with the terms of
the Employment Standards Act.
ARTICLE 19 PROFESSIONAL DEVELOPMENT
20.1 The Employer shall maintain a membership, in its own name and for the benefit
of employees, in the Ontario Professional Dispatchers’ Association.
20.2 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
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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.
20.3 The Employer shall provide training to employees in defibrillation, CPR and First
Aid equivalent to the training provided to CSRs employed by the Employer.
ARTICLE 20 WAGES AND ALLOWANCES
21.1 Wages shall be paid in accordance with Appendix "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.
A part-time employee shall continue to accumulate service credit toward wages during
pregnancy/parental leave. Service credit will be calculated using the average monthly
hours for the previous twelve (12) months of active service, up to a maximum of 151
hours per month.
21.2 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.
21.3 The Employer agrees to pay each employee The Town of Tillsonburg's rate 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.
21.4 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.
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ARTICLE 21 GROUP INSURANCE BENEFITS
22.1 The Employer agrees to continue to remit 100% of the cost of the premiums for
group health and welfare insurance benefits, except for the cost of the premiums for
LTD, which shall be paid by the full-time employee.
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 / 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 Benefit Carrier as of the date of ratification of this
Collective Agreement.
22.2 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.
22.3 Full-time employees who have completed their probationary period are eligible to
claim short-term disability on the event of an illness or non-work related injury that
requires the employee to be absent from work for four (4) consecutive days or more
in accordance with the Town of Tillsonburg’s Short Term Disability Policy.
ARTICLE 22 GENERAL CONDITIONS
23.1 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.
23.2 The Employer shall provide the Association with space for a locked filing cabinet
in a secure location, if the Association requires it.
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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.
23.3 The Employer will permit the Association to use the employee mail boxes and
workplace e-mail addresses (employee@tillsonburg.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.
23.4 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.
23.5 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 .
23.6 An employee shall have the right to review their personnel record provided
reasonable notice is given to the Manager of Human Resources or their designate.
Such personnel records will be kept in a secure location.
ARTICLE 23 COPIES OF COLLECTIVE AGREEMENT
24.1 The Association and the Employer require 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.
ARTICLE 24 TERM OF COLLECTIVE AGREEMENT
25.1 This Agreement shall be binding and remain in effect from April 1, 2021 to March
31, 2024 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.
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25.2 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.
25.3 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.
25.4 Where notice to amend the Collective Agreement is given, the provisions of this
Agreement shall continue in force until a new Agreement is signed.
ARTICLE 25 HEALTH AND SAFETY
26.1 The Joint Health and Safety Committee which includes tone (1) representatives
of the Association and a representative of the Employer.
ARTICLE 26 UNIFORMS
27.1 All employees after the completion of their one (1) year probation will be supplied
with the following approved uniform clothing:
a) 1 pair of pants
b) 1 shirt
c) 1 clip on tie
d) 1 set of epaulets
e) 1 belt
(This will be considered year one (1) of the clothing allowance)
27.2 All employees will be given an allowance, for the required footwear of eighty (80)
dollars every twenty-four (24) months.
27.3 Starting in year two (2) of this agreement, every twelve (12) months each
employee will be given a clothing allowance of one hundred (100) dollars. This will be a
request submitted to their supervisor to obtain additional approved uniform items. This
cannot be accrued from year to year.
27.4 Issued clothing is to be worn by all Communicators as per operating guidelines.
27.5 All issued clothing must be returned if employment ceases for any reason.
ARTICLE 27 ON CALL
For the period covered by the existing Collective Agreement, this procedure would be
put in place at the discretion of the Employer when no back up would be available at
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any time during a work week. This would not replace the necessity of up staffing due to
certain times of year or weather conditions at the Employer's discretion.
Should a standby be required:
a) Eligible part time employees shall be offered the opportunity to work the On Call
on a seniority basis.
b) Once all eligible part time employees have been offered the opportunity to work
the available On Call, full time employees shall be offered the opportunity to the work
the available On Call on a seniority basis.
c) In the event no employee accepts the opportunity to work the On Call, the least
senior eligible part time employee shall be assigned by the employer to work the On
Call. If there is no eligible part time employee, then the least senior full time employee
shall be assigned by the Employer to work the available On Call.
d) The On Call duty period would be no longer than 24 hours in length for a single
shift.
e) The On Call is paid on a 24 hour shift basis in the amount of $50 with an
additional $12 on any statutory holiday. However the actual coverage time (the time the
On Call is required to respond) may be shorter and is at the discretion of the Employer.
f) If an employee is called into work during On Call duty, they work a minimum of 3
hours at their regular rate of pay unless overtime is applicable.
g) An On Call employee would be required to carry a pager and report to work
within 10 minutes unless otherwise directed by management.
* Eligible is as defined in the Collective Agreement.
[Signing page follows]
By-Law 2021-104 Schedule A
All of which is acknowledged and agreed at the Town of Tillsonburg, thi /J.'1~ay of,
6eptJnhr , 2021.
FOR THE EMPLOYER FOR THE ASSOCIATION
Page 27 of 28
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APPENDIX "A" - REGULAR HOURLY WAGE RATES
Fire Communicators:
Employment in
Classification
01/04/2021
01/04/2022
01/04/2023
0-12 Months
(2028 hours)
$25.86
$
12-18 months
(2029-3042 hours)
$27.15
$
18-24 months
(3043-4056 hours)
$28.90
$
24 months+
(4057+hours)
$30.73
$
For 2021 & 2022 employees will receive $0.10 in addition to the hourly rate adjusted
based on the approved Town of Tillsonburg budget percentage.
For 2023, the hourly rate will be adjusted based on the approved Town of Tillsonburg
budget percentage.
APPENDIX “B” – SHIFT SCHEDULES