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2021-104 Schedule ABy-Law 2021-104 Schedule A Page 1 of 28 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 By-Law 2021-104 Schedule A Page 2 of 28 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 By-Law 2021-104 Schedule A Page 3 of 28 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, By-Law 2021-104 Schedule A Page 4 of 28 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 By-Law 2021-104 Schedule A Page 5 of 28 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 By-Law 2021-104 Schedule A Page 6 of 28 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. By-Law 2021-104 Schedule A Page 7 of 28 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 By-Law 2021-104 Schedule A Page 8 of 28 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. By-Law 2021-104 Schedule A Page 9 of 28 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 By-Law 2021-104 Schedule A Page 10 of 28 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. By-Law 2021-104 Schedule A Page 11 of 28 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; By-Law 2021-104 Schedule A Page 12 of 28 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, By-Law 2021-104 Schedule A Page 13 of 28 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. By-Law 2021-104 Schedule A Page 14 of 28 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: By-Law 2021-104 Schedule A Page 15 of 28 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. By-Law 2021-104 Schedule A Page 16 of 28 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 By-Law 2021-104 Schedule A Page 17 of 28 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. By-Law 2021-104 Schedule A Page 18 of 28 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 By-Law 2021-104 Schedule A Page 19 of 28 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: By-Law 2021-104 Schedule A Page 20 of 28 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 By-Law 2021-104 Schedule A Page 21 of 28 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 By-Law 2021-104 Schedule A Page 22 of 28 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. By-Law 2021-104 Schedule A Page 23 of 28 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. By-Law 2021-104 Schedule A Page 24 of 28 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. By-Law 2021-104 Schedule A Page 25 of 28 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 By-Law 2021-104 Schedule A Page 26 of 28 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 By-Law 2021-104 Schedule A Page 28 of 28 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