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By-Law 2023-073THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2023-073 A BY-LAW to authorize a collective agreement between the Tillsonburg Firefighter’s Association and the Corporation of the Town of Tillsonburg. WHEREAS The Town of Tillsonburg is desirous of entering into the collective agreement with the Tillsonburg Dispatchers Firefighters’Association; BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of Tillsonburg as follows: 1.THAT the collective agreement attached hereto as Schedule “A”forms part of this By-Law: 2.THAT the Mayor and Clerk be hereby authorized to execute the attached agreement marked as Schedule “A”on behalf of the Corporation of the Town of Tillsonburg; 3.THAT this By-Law shall come into force and take effect on the date it is passed. READ A FIRST AND SECOND TIME THIS 1 ^ay of SEPTEMBER,2023. READ A THIRD AND FINAL TIME AND PASSED THIS day of SEPTEMBER, 2023. IMAYOR-Deb Qilyesy CLERK- Page 1 of 1 Page 1 of 14 Association Agreement made pursuant to the terms of the Fire Protection and Prevention Act,1997 Between: The Corporation of the Town of Tillsonburg,(the “Corporation”) AND The Tillsonburg Fire Fighters Association (the “Association") Effective:January 1,2023 to December 31,2025 Association Agreement between the Corporation of the Town of Tillsonburg and the Tillsonburg Fire Fighters Association January 01,2023 -December 31,2025 Page 3 of 14 ARTICLE 1 GENERAL PURPOSE The Corporation recognizes the Association as the sole bargaining agent for all suppression firefighters as defined by subsection 1 (1)of the Fire Protection and Prevention Act,1997 (FPPA)and the Establishing and Regulating By-Law,enacted by the Town of Tillsonburg. ARTICLE 2 WAGES The Corporation shall pay the Members of the Association in accordance with Appendix “A”to this Agreement,attached hereto and forming part of this Agreement. 2.01 2.02 The Corporation shall pay Members of the Negotiating Committee their regular hourly rate of pay per hour as defined in Appendix “A”for meetings directly with the Corporation’s negotiating team.It is understood that all preparation time associated with negotiations prior to and in between meetings with the Corporation will be at no cost to the Corporation.Timesheets will be submitted immediately post meeting to the Fire Chief. 2.03 The Corporation shall make an annual Association payment by January 31 in accordance with Appendix “A"to this agreement.The Association payment amount shall be paid based on 34 firefighters. ARTICLE 3 BENEFITS The Corporation agrees that actively employed members of the Association,for which no coverage is available at their regular place of employment,be permitted to enroll in the Corporation’s medical and/or dental insurance policy,on the clear understanding that the cost for such benefits be deducted from the Member’s salary and is not to be paid for nor contributed towards by the Corporation. 3.01 3.02 The Corporation agrees to provide 24/7 accident insurance coverage -provided by Volunteer Firefighter’s Insurance Services,Inc.to each Member.The cost of such insurance shall be paid by the Corporation.Benefits details are summarized in Appendix “C”.The Corporation shall provide a copy of the insurance policy annually to the Association including clear instructions on how to file a claim for this insurance. 3.03 Gym Membership -The Corporation shall provide members a membership at the Tiilsonburg Community Centre at no charge,and the member may choose to upgrade the membership to a family membership.The family membership portion,which shall be a taxable benefit,is being paid by members. ARTICLE 4 UNIFORM Each member is eligible upon hire and shall be reimbursed up to -{2023 -$200,2024 - $220,2025 -$240)for safety boots and subsequently every two years,or as deemed acceptable by the Fire Chief or his /her designate.Firefighters will purchase boots Association Agreement between the Corporation of the Town of Tiilsonburg and the Tiilsonburg Fire Fighters Association January 01,2023 -December 31,2025 4.01 Page 5 of 14 ARTICLE 5 MEDICAL COSTS The Corporation shall cover costs for medicals associated with Members acquiring and maintaining their DZ driver’s license including training course (Max $500)and medicals (Max $150)required by Ministry of Transportation to maintain DZ licence. 5.01 The Corporation shall cover costs associated with work related risk immunizations required for the health and safety of the Members that are not covered by CHIP. 5.02 The Corporation shall pay medical costs to a (Max $75)for Functional Abilities Form assessments requested by the Corporation. 5.03 ARTICLE 6 PROMOTIONS 6.01 The Corporation and the Association agree to promotional requirements in accordance with Appendix “B”to this Agreement,attached hereto and forming part of this Agreement. ARTICLE 7 GRIEVANCE PROCEDURE A grievance is a complaint,dispute or controversy in which it is claimed that either party has failed in an obligation under this Agreement and which involves the interpretation,application,administration or alleged violation of the provisions of this Agreement. 7.01 The Corporation and the Association agree to the following grievance procedure to resolve concerns relating to this Agreement or any Corporation policy,procedure or guideline. 7.02 The Association shall appoint a Grievance Committee of three (3)members in accordance with its constitution and by-laws for the purpose of attempting to settle any grievances,which may arise,in accordance with the following procedure.The Association shall notify the Employer of the names of the employees serving as members of,and any changes in the Grievance Committee. 7.03 No grievance shall be considered where the circumstances giving rise to it occurred or originated more than five (5)days before the submission of the grievance. 7.04 The word "day"shall mean calendar day,excluding Saturdays,Sundays and statutory holidays,for the purpose of this Article.The following procedure shall be utilized when a grievance is initiated by an employee,a group of employees,or the Association. 7.05 Should the Corporation fail to comply with the identified time limits,the Association7.06 Association Agreement between the Corporation of the Town of Tillsonburg and the Tillsonburg Fire Fighters Association January 01,2023 -December 31,2025 Page 7 of 14 Step 5:Failing settlement through the procedures set out in Steps 1,2 and 3 above the matter in dispute shall be submitted to a Board of Arbitration appointed in the manner set out in the Fire Protection and Prevention Act,1997 and all relevant amendments thereto. ARTICLE 8 LEAVE OF ABSENCE If a member requests a leave of absence for any reason,the leave,if approved by the Fire Chief or his/her designate,will be for a maximum duration of twelve (12)months.At the end of twelve (12)months the firefighter must return or they will have been considered to have resigned unless the Fire Chief or his /her designate grants an extension.Leave of absence will not be granted during probation. 8.01 8.02 If a member requests a leave that falls within the Employment Standards Act (ESA), they would be granted said leave for the time allowed under the Act.From the time the leave is granted the firefighter’s honorarium will continue to be paid for a period of three (3)months.At the end of the -three (3)months the honorarium would cease.If the leave is medical in nature,a physician statement will be required indicating the firefighter is fit to return to duty.If there are restrictions in place,the employer will review and determine if an accommodation can be made. ARTICLE 9 VACATION 9.01 Vacation Time -Members shall be entitled to vacation time as set out in Table 9.01 and their honorarium shall continue to be paid while they are on vacation according to Appendix A. Table 9.01 Eligible Years of Service -Calculated by a total of years that the member has worked for the Tillsonburg Fire and Rescue Services 12 months complete 4 years complete 10 years complete 18 years complete 25 years complete Vacation Time Two weeks Three weeks Four weeks Five weeks Six Weeks 9.02 All wages paid are inclusive of statutory vacation pay in accordance with the Employment Standards Act. ARTICLE 10 PROGRESSIVE DISCIPLINE 10.01 Progressive Discipline -To the extent appropriate in the circumstances,the Corporation will follow a progressive discipline policy,with disciplinary consequences advancing in severity with each incident deserving of discipline.Any violation of a rule or policy contained in this Policy will be considered to be an Association Agreement between the Corporation of the Town of Tillsonburg and the Tillsonburg Fire Fighters Association January 01,2023 -December 31,2025 Page 9 of 14 10.06 Disciplinary notation of two (2)years or more will not to be considered in evaluation of members for promotion provided the member remains discipline free for a period of 2 years.However,if the members commits the same violation for which they were originally disciplined regardless of the period,the original disciplinary notation will form part of the member’s permanent file. ARTICLE 11 LABOUR MANAGEMENT 11.01 Labour Management Committee -The Association and the Corporation shall appoint a committee and establish a terms of reference to meet on a regular basis.The Association shall elect three representatives to sit on this committee and the Corporation shall appoint three representatives to be on the committee for management. ARTICLE 12 TRAINING 12.01 The Corporation guarantees a minimum of 24 hours of training is scheduled annually. 12.02 On-line training required by the Corporation for current position will be assigned an appropriate hour value and members will be paid their hourly rate for approved on-line training upon successful completion. 12.03 Any qualified member acting in the capacity of a Training Instructor for the purposes of training staff will be paid at the Training Instructor rate for approved hours while training. 12.04 Daily meal per-diems shall be paid to employees who are at training or conferences that are approved by the Fire Chief or his /her designate at the rate of:i.Breakfast -$20.00 /day ii.Lunch -$25.00 /day iii.Supper -$50.00 /day 12.05 Daily meal per-diems shall not be paid for meals that are provided at the training or conference. 12.06 Off-Site Training Costs The cost of the off-site course for all approved firefighter related training shall be paid for by the Corporation. When the course is mandatory for the position currently held by the firefighter,the Corporation will also pay the hourly rate for the firefighter’s time spent in the course,as well as associated travel costs. When the course is not mandatory for the position currently held by the firefighter,the Corporation will not pay for the firefighter’s time spent in the course or associated travel costs. Association Agreement between the Corporation of the Town of Tillsonburg and the Tillsonburg Fire Fighters Association January 01,2023 -December 31,2025 Page 11 of 14 SIGNATURE PAGE For the Tillsonburg Fire Fighters Association ADatedthis^day of 2023S't ●& N^e:Terry Hildebrant Name:Ted Sanders Name:itephenson Name:Tyler Van Leeuwen For the Corporation of Town of Tillsonburg day of 2023Datedthis Name:Debra GilvesyTitle:Mayor ( va-Name:Kyte-lVatt Title:Aaministpative Officer Association Agreement between the Corporation of the Town of Tillsonburg and the Tillsonburg Fire Fighters Association January 01,2023 -December 31,2025 Page 13 of 14 3)Honorarium is defined as monies paid for the following; i.to be on call as part of the platoon system that currently exists ii.to respond to emergency calls iii.to return equipment,apparatus and station to service after an emergency call 4)Hourly wages are paid for the following: i.Training scheduled by the fire department ii.Fire prevention activities approved by management iii.Completing inspection reports iv.Completing fire incident reports v.Instructor preparation time approved by management vi.Committee meetings approved by management 5)Mileage shall be paid in accordance with the Corporation rate and the Vehicle Rental Procedure,or own vehicle upon approval by the Chief APPENDIX “B Recommended Years of Service Required Certifications for RankRank NFPA 1021 Level II.NFPA 1041 Level II 10PlatoonChief Suppression Captain 6 NFPA 1521 ISO NFPA 1041 Level I,NFPA 1001 I &II 1002,DZ license 6TrainingInstructor 5ActingCaptain NFPA 1041 Level 1 and NFPA 1021 Level I 1st Class FF Plus Qualifications Determined by Fire Chief NFPA 1002 Driver Operator /DZ License NFPA 1001 Level I and Ii /NFPA 1072 Operations 3FF/Public Educator 31stClassFirefighter 2nd Class Firefighter 1 0Probationary Firefighter First Aid /CPR -Departmental Hire Process Association Agreement between the Corporation of the Town of Tillsonburg and the Tillsonburg Fire Fighters Association January 01,2023 -December 31,2025