THIS AGREEMENT made in quadruplicate this _____ day of __________, Two Thousand.
BETWEEN:
TORONTO CIVIC EMPLOYEES’ UNION, LOCAL 416, CANADIAN UNION OF PUBLIC EMPLOYEES
herein called "The Union”,OF THE FIRST PART,
and
CITY OF TORONTO,herein called "The City",OF THE SECOND PART.
Table of Contents
Table of Contents 1
Article 1 - PURPOSE 3
Article 2 - RECOGNITION 4
Article 3 - UNION REPRESENTATION 7
Article 4 - UNION SECURITY 10
Article 5 - PROBATIONARY PERIOD 13
Article 6 - NO DISCRIMINATION OR HARASSMENT 14
Article 7 - WAGES 15
Article 8 - OVERTIME, CALL-IN AND STAND-BY PAY 20
Article 9 - HOURS OF WORK 22
Article 10 - SHIFT BONUS 24
Article 11 - CHANGE OF SHIFT 25
Article 12 - DESIGNATED HOLIDAYS 26
Article 13 - VACATIONS 28
Article 14 - SICK PAY 34
Article 15 - SICK PAY GRATUITY 38
Article 16 - EXTENDED HEALTH CARE/DENTAL/GROUP LIFE AND LONG TERM DISABILITY INSURANCE 45
Article 17 - PENSIONS AND RETIREMENT 52
Article 18 - REQUESTS FOR TRANSFER 55
Article 19 - PROMOTIONS AND CLASSIFICATIONS 56
Article 20 - GRIEVANCE PROCEDURE 61
Article 21 - LETTERS OF INTENT 66
Article 22 - ARBITRATION 67
Article 23 - DISCIPLINE, SUSPENSION AND DISCHARGE 69
Article 24 - LEAVE OF ABSENCE 71
Article 25 - TRANSPORTATION 77
Article 26 - TEMPORARY EMPLOYEE BENEFITS 78
Article 27 - SENIORITY AND SERVICE 79
Article 28 - EMPLOYMENT SECURITY AND RE-DEPLOYMENT 83
Article 29 - LAYOFF AND RECALL 87
Article 30 - WORKPLACE SAFETY AND INSURANCE BENEFITS 91
Article 31 - NO STRIKE OR LOCKOUT 95
Article 32 - PROTECTIVE CLOTHING AND WEARING APPAREL 96
Article 33 - LEGAL EXPENSES 99
Article 34 - GENDER NEUTRALITY AND PLURAL 102
Article 35 - ACQUAINTING NEW EMPLOYEES 103
Article 36 - EMPLOYEE ACCESS TO PERSONAL DEPARTMENTAL FILE 104
Article 37 - REST AND WASH-UP PERIODS 105
Article 38 - DESIGNATES 106
Article 39 - RIGHT TO RESCIND RESIGNATION 107
Article 40 - PRINTING OF THE COLLECTIVE AGREEMENT 108
Article 41 - ACCESS TO COUNCIL AND BUDGET INFORMATION 109
Article 42 - TOOL ALLOWANCE 110
Article 43 - TERM OF AGREEMENT AND NOTICE TO BARGAIN 111
Article 44 - HEALTH AND SAFETY 112
Article 45 - SUPERIOR DUTIES 114
1.01 The general purpose of this Agreement is to establish mutually satisfactory relations between the City and its employees; and to provide for the prompt and equitable disposition of grievances, and to establish and maintain safe, satisfactory working conditions, hours of work and wages for all employees who are subject to the provisions of the Agreement.
2.01 The City recognizes the Union as the sole bargaining agent for all employees of the City of Toronto who occupy the positions set forth in Schedule “A”, including positions as determined by the OLRB decision dated the 16th of November 1998.
2.02(a) In this Agreement the word "employee" means a person hired by the City for either Permanent or Temporary employment in a position which comes within the bargaining unit described in clause 2.01.
2.02(b) A temporary employee is one who is employed for any of the following reasons:
i) to replace an employee who is absent for any reasons;
ii) to work on a special project or undertaking;
iii) to work on a seasonal basis to meet seasonal needs;
iv) to meet unexpected workload demands
2.02 (c) “Permanent employees” are employees who have satisfactorily completed the probationary period under Article 5 and occupy a job classification set out in Schedule “A”.
2.03 Whenever the City establishes a new non-union position, the Director of Employee and Labour Relations will, where practicable, provide the Union with thirty (30) calendar days written notice prior to the implementation of said position.
In the event that the Union is of the opinion that the position may come within the 416 Unit, the Union shall so notify the Director of Employee and Labour Relations within five (5) calendar days of the Union’s receipt of the notice from the City. If requested, the City shall meet with the Union forthwith for the purpose of discussing the matter.
The question as to the position’s inclusion in or exclusion from the 416 Unit shall be determined by mutual agreement or, in the absence of an agreement, the Union may file a grievance under Article 20. Such grievance shall be initiated at Step 3 of the grievance procedure.
2.04 The Union and the employees recognize and acknowledge that it is the exclusive function of the City to:
(i) maintain order, discipline and efficiency;
(ii) hire, discharge, layoff, direct, classify, transfer, re-assign, schedule hours of work, promote, demote and suspend or otherwise discipline any employee provided that a claim that any such employee has been discharged or disciplined without reasonable cause, may be the subject of a grievance and dealt with as hereinafter provided; and
(iii) generally to manage the operation and undertakings of the City and without restricting the generality of the foregoing to select, install and require the operation of any equipment, plant and machinery which the City in its uncontrolled discretion deems necessary for the efficient and economical carrying out of the operations and undertakings of the City.
2.05 The City agrees that it will not exercise the foregoing functions in a manner inconsistent with the provisions of this Agreement.
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TEMPORARY EMPLOYEES
This will confirm our understanding with respect to temporary employees, including former City of Toronto employees who have not been appointed to a permanent establishment position.
As soon as reasonably possible following the ratification of the Collective Agreement, the Union and the City will review all existing assignments filled by a temporary employee for the purpose of identifying the length of time that the temporary employee has been employed in the same position.
Upon completion of the review, any temporary employee who has been continuously employed in the same position for longer than two (2) years will become a permanent employee and confirmed in the position unless the position is one to which a permanent employee has a claim or the position is expected to be eliminated in the near future.
It is understood that the job posting provisions of the Agreement will not apply in this situation.
If, following the date of ratification, a temporary employee has been continuously employed in the same position for longer than one (1) year, the status of the position will be reviewed with the Union and the City and if the position is considered permanent, the position will be posted in accordance with the Collective Agreement.
As soon as possible following the ratification of the Collective Agreement, the City and the Union shall review the status of all those temporary employees in the Sanitation Department who work in excess of nine (9) cumulative months per year with a view to making them permanent.
Article 3 - UNION REPRESENTATION
3.01 The City acknowledges the right of the Union to appoint or otherwise select an Executive. The City will recognize and discuss with members of the said Executive any matters properly arising out of this Agreement, and the said Executive will cooperate with the City in the administration of this Agreement.
3.02 The name and jurisdiction of each of the members of the above Executive, and the name of the Chairperson from time to time selected, shall be given to the City, through the Executive Director, Human Resources, in writing, and the City shall not be required to recognize any such member until it has been notified in writing by the Union of the name and jurisdiction of such member.
3.03 The City shall recognize all stewards elected/appointed by the Union and the Union will supply the City with a list of all of its Shop Stewards as soon as they are elected/appointed, and thereafter will notify the City in writing of any changes.
3.04 The Union will notify the City in writing of the work area(s) each Steward represents.
3.05 The Shop Steward referenced in Article 23 will be the Steward for the employee’s specific work area, subject to his availability.
3.06 The City will recognize representatives of the Union authorized by the Union to attend meetings provided for under the Collective Agreement. The Union agrees to notify the City in writing in advance of the names of its representatives.
3.07 When meetings are held between Union representatives and the City, the City will make every effort to schedule such meetings in their entirety during their regular working hours, and should the meeting go beyond such hours, the overtime provision of this Agreement will apply up to a maximum of one (1) hour of overtime pay for each representative in attendance at such meeting.
Labour-Management Committee
3.08 A Labour-Management Committee shall be set up to discuss topics of general interest and overall conditions in the City. Its purpose will be to provide an outlet for the exchange of ideas between the City and its employees on matters of general interest and it shall, from time to time, as it sees fit, make recommendations which will make for a greater degree of cooperation and understanding between the parties concerned. The Executive Director, Human Resources, of the City or Secretary of the Union shall notify the other party in the event that a meeting of the Labour-Management Committee is desired. An agenda of the subjects to be discussed will be submitted at least five (5) working days before the day agreed upon for the meeting. The Labour-Management Committee shall meet as required, but in any event, the Committee shall meet at least once per month.
Union Negotiating Committee
3.09 The City will recognize a Negotiating Committee which shall consist of sixteen (16) members selected by the Union. Leave of absence without loss of pay or benefits and with accumulation of seniority shall be granted to the members of the Union’s Negotiating Committee for the purpose of preparing bargaining proposals and negotiating a Collective Agreement or amendments thereto.
The name of each of the members of the Negotiating Committee shall be provided in writing to the Executive Director of Human Resources.
3.10(a) The City will provide at least two (2) weeks prior notice in writing to the Union when the City intends to permanently transfer an employee who is a Shop Steward from the work area he is normally assigned to represent. Such notice shall set out the reasons for the transfer. If requested, a meeting shall be arranged to discuss any issues arising out of such transfer.
3.10(b) The foregoing provision shall not apply in the case of temporary or seasonal transfers, or transfers required due to emergencies.
Occupational Health and Safety Representative
3.11 A leave of absence, with pay, shall be granted to one (1) representative of the Union to attend to responsibilities related to the City’s Occupational Health and Safety Program. The City and the Union shall share equally in the costs associated with such leave.
Full Time Office or Position
3.12(a) Where an employee is elected or appointed to a full-time position within the Union, the Union shall submit a request for leave of absence on behalf of the employee concerned to the Executive Director of Human Resources. Upon receipt of such request, such leave of absence will be granted, provided that such leave shall involve no cost to the City and provided further that upon expiration of his term of office, the employee shall be returned to his former position, if such position continues to exist, or if such position does not exist, to a position in a classification comparable to that in which he was employed before taking office.
3.12(b) When an employee is elected or appointed to a full-time position or office within a municipal, provincial or federal labour organization with which the Union is affiliated, the Union shall submit a request for leave of absence on behalf of the employee concerned to the Executive Director of Human Resources. Subject to the approval of the Department Head concerned, such leave of absence may be granted, provided that such leave shall involve no cost to the City and provided further that upon expiration of his term of office, the employee shall be returned to his former position, if such position continues to exist, or if such position does not exist, to a position in a classification comparable to that in which he was employed before taking office.
Leave for Authorized Labour Convention or Conference
3.13(a) Subject to two (2) weeks notice, leave of absence without pay shall be granted for all duly elected delegates from the Union who are employees of the City to attend any authorized Labour Convention.
3.13(b) Subject to the approval of the Department Head concerned, leave of absence, without pay, shall be granted to all duly elected delegates from the Union who are employees of the City to attend authorized Labour Conferences.
No Loss of Seniority and No Break in Service
3.14 Whenever an employee is granted leave of absence with or without pay under this Article, such absence shall result in no loss of seniority, nor shall it constitute a break in service so as to affect any benefits to which he may otherwise be entitled.
3.15 Whenever an employee is on leave of absence without pay on Union business, the City shall pay the employee's wages and benefits, invoice the Union and the Union shall, forthwith, provide full reimbursement to the City. This provision does not apply to employees who are elected or appointed to full-time positions or offices under clause 3.12(a) and (b).
Approval of Leaves of Absence
3.16 With the exception of leaves granted in accordance with clause 3.09, 3.11, 3.12(a) and 3.13 (a), leaves of absence with or without pay are subject to approval by the City. Such approval shall not be unreasonably withheld.
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4.01 It shall be a continuous condition of employment with the City that all employees shall be members in good standing, and that all future employees who come within the 416 Unit shall become members of the Union within thirty (30) days from the respective dates of the commencement of their employment with the City and thereafter shall remain as such members in good standing, PROVIDED, that the City shall not be required to discharge an employee who has been expelled or suspended from membership in the Union, other than for engaging in unlawful activity against the Union.
4.02 The City shall, in respect of all employees coming within the 416 Unit:
(i) upon commencement of employment, deduct from each pay of such employee such sums for dues and assessments, levies and initiation fees to the Union which are payable by such employee as the By-laws of the Union may from time to time provide, and
(ii) continue to make such deductions until this Agreement is terminated, and
(iii) within one (1) week after making of each such deduction, pay the sum so deducted to the Union, and
(iv) include the amount of Union dues deducted on each such employee’s T4 slip.
4.03 The Union will save the City harmless from any and all claims which may be made against the City for amounts deducted from pay as herein provided.
4.04 When the Union changes such dues, assessments, initiation fees or levies, the Union shall provide the City with at least one (1) month’s notice in writing prior to the effective date of such change.
4.05 The City shall provide the Union, on a biweekly basis, a list of all employees from whose wages Union dues have been deducted, and the amounts so deducted.
LETTER OF INTENT
CLASSIFICATIONS
In accordance with the information provided for in Article 4.05, the City will include the classifications of the employees as soon as it is possible to do so.
Article 5 - PROBATIONARY PERIOD
5.01 Notwithstanding anything to the contrary contained in this Agreement, the City shall have the exclusive right to discharge employees within the first six (6) months actually worked, such period to be called "the probationary period" provided that the probationary period may not be completed while the employee is absent and that in no case shall an employee be required to complete more than one (1) probationary period.
5.02 Where an employee was originally employed as a temporary employee and is subsequently employed as a permanent employee in a position in which there is no distinct change in the character of his employment, such temporary employment shall count in full towards the probationary period and such employee shall be entitled to benefits as applicable.
Article 6 -NO DISCRIMINATION OR HARASSMENT
6.01 The City and the Union agree that there shall be no discrimination, harassment, interference, restriction or coercion exercised or practised with respect to any employee of the City in the matter of wages, training, upgrading, promotion, transfer, layoff, discipline, discharge or otherwise, by reason of race, creed, colour, national origin, political or religious affiliation, sex, sexual orientation, age, marital status, family relationship, handicap or because of such employee being an officer, steward, committee member or member at large of the Union.
6.02 In this article, the term "Handicap", as provided in Article 6.01 shall be as defined in the Human Rights Code, R.S.O., 1990 as amended.
6.03 The prohibition within Article 6.01, with respect to handicap shall not apply where the requirement, qualification or consideration is a reasonable and bonafide one in the circumstances or the employee is incapable of performing or fulfilling the essential duties or requirements attending the exercise of their duties of a position by reason of handicap.
6.04 Every employee has a right to be free from sexual harassment and from any reprisal or threat of reprisal for the rejection of such behaviour.
Article 7 - WAGES
MEMORANDUM ITEM ONLY
(1) Within thirty (30) days of the ratification of this Agreement by the parties each active employee in the Union who was employed by the City in 1998 and who did not receive a negotiated wage increase in 1998 will receive a lump sum payment of four hundred dollars ($400) less statutory deductions required by law and union dues.
Within sixty (60) days of ratification of this Agreement by the parties, the City shall forward, by registered mail, to the last address on record, the lump sum amount less statutory deductions required by law to all employees who left the City between January 1, 1998 and the date that City Council ratified this Agreement.
Effective January 1, 1999, increase the rates for all classifications payable on December 31, 1998 by 2.00%.
Within sixty (60) days of the ratification of this Agreement by the parties, each active employee shall receive retroactive pay on 1999 earnings less statutory deductions required by law and union dues.
Within sixty (60) days of the ratification of this Agreement by the parties, the City shall forward by registered mail, to the last address on record, retroactive pay on 1999 earnings less statutory deductions required by law to all employees who left the City between January 1, 1999 and the date that City Council ratified this Agreement.
Effective January 1, 2000, increase the rates for all classifications payable on December 31, 1999 by 2.17%.
Effective January 1, 2001, increase the rates for all classifications payable on December 31, 2000 by 3.2%.
7.01(a) During the term of this Agreement, the City and the Union agree that all payments of wages and salaries will be made in accordance with the hourly wage or salary schedule set forth in Schedule “A” hereto, which is hereby made part of this Agreement.
7.01(b) On each pay day, each employee shall be provided with a statement of earnings and deductions which contains an itemized statement of their wages, overtime and other supplementary payments and deductions.
7.02(a) An employee shall progress through the increment levels as set out in Schedule “A” on the employee’s anniversary date or as may otherwise be provided in the Schedule.
7.02(b) Increments and wage adjustments shall be effective at the beginning of the pay period following the increment or wage adjustment date.
7.02(c) An employee's increment date shall not be adjusted as a result of any pregnancy and/or parental leave taken pursuant to Articles 24.03(a) or 24.03(b).
7.03 The rate of pay for a new or changed job classification will be negotiated with the Union. Should the parties not agree, the rate may be set by the City and the matter may be taken up as a policy grievance and processed through the Grievance and Arbitration Procedure.
7.04 In the event that an employee’s pay has a shortage of eight (8) hours pay or more and the employee so requests within the three (3) working days of the pay date for the biweekly pay period in which the shortage occurred, the City shall make every effort to rectify the shortage within three (3) working days from the time that the employee first notifies the appropriate payroll services representative.
7.05 The current practices with respect to direct deposit shall remain in effect for the term of the Collective Agreement. Effective the beginning of the first full pay period following ratification of this Agreement, it shall be mandatory for all new employees to enrol in payroll direct deposit.
7.06 Employees shall continue to receive their pay in accordance with their present pay cycle until the implementation of a uniform biweekly pay cycle. Effective on or about July 1, 2000 all employees in the Union shall be paid on a uniform biweekly basis. The parties agree to meet within sixty (60) days of ratification to address the issues which may arise with respect to the harmonizing of the pay periods
LETTER OF INTENT
RATE AND JOB CLASSIFICATION HARMONIZATION
The parties agree that the harmonization of wages and restructuring of job classifications must be completed as soon as reasonably possible. To effect this purpose, the parties agree to the following process to resolve and determine the issues in dispute.
1. The City and the Union will establish a Harmonization Committee within thirty (30) days following ratification of up to ten (10) members, five (5) appointed by each party and shall meet forthwith following the appointment of the Committee members. The Union members will receive their regular rate of pay for time spent in Committee meetings during their regular working hours.
2. Among the Committees responsibilities shall be the following:
(a) the creation of new or merged job classifications from the existing classifications where, in the opinion of the Committee, it is appropriate or necessary to do so, and
(b) the development and implementation of a process for determining the rates of pay for any new or merged job classifications.
3. The Committee may identify, by way of survey or otherwise, the core duties and responsibilities of job classifications and shall be provided with such information as is reasonably necessary to accomplish its purpose.
4. Any resolved matters will be agreed upon in writing signed by the designated representatives of the Union and the City. Positions taken at the Committee by either party or their representatives are without prejudice and shall not be in any way whatsoever disclosed to or used by any Board of Arbitration appointed to resolve such dispute.
5. The parties shall appoint Morton G. Mitchnick who shall act as a mediator to assist them in reaching agreement and, failing agreement, as the chair of the Board of Arbitration set out below. The parties agree to share the costs of the mediator/arbitrator.
6. The mediator will determine the process and procedure for mediation in consultation with the parties.
7. If the parties have not reached an agreement on all of the wage rates and job classifications by February 29, 2000, or such later date as may be agreed upon in writing, either the Union or the City may refer the outstanding rates and classifications to a Board of Arbitration for a final and binding determination. The Board will be composed of one person nominated by each of the parties with the mediator as the Chair.
Both parties will name their nominees to the Board of Arbitration within ten (10) calendar days of the referral, or such later date as the parties may agree in writing. The parties will co-operate to ensure that the hearing will be held as soon as possible. To this end, the parties will ask the mediator/arbitrator immediately upon appointment to schedule at least twenty (20) days for hearings over the months of April, May and June, 2000.
The powers of the Board of Arbitration and all other matters in relation to the arbitration shall be as set out in Section 48 of the OLRA.
A draft decision of the Board of Arbitration on all outstanding wage rates and job classifications will be delivered to the parties as expeditiously as possible following the conclusion of the hearings. The parties will have fourteen (14) days from the date they receive the draft decision, or such longer period of time as they may agree in writing, to meet and agree on all such rates and classifications. These meetings may be with the assistance of the mediator/arbitrator if both parties wish. Failing agreement in that time, the draft decision of the Board of Arbitration shall become final and binding on the parties.
PRINCIPLES FOR HARMONIZATION
All information, including financial information, necessary for the Harmonization Committee to review and discuss the harmonization of hourly wage rates will be provided by the City in full and on a timely basis. The facilitator will have the jurisdiction to order the production of any such information.
The effective date for the implementation of any matter referred to arbitration is to be determined by the Board of Arbitration. However, no employee shall suffer any reduction in his current wage rate until the expiry of this Agreement and any extension of the terms and conditions of this Agreement by law. For the purpose of the re-negotiation of this Agreement, it is understood that the wage rates shall be as determined by the harmonization process. If the parties are unable to agree on how the rates are to be implemented, the Board of Arbitration shall determine that issue as well.
Article 8 - OVERTIME, CALL-IN AND STAND-BY PAY
8.01(a) Each employee shall be paid at the rate of time and one-half for all time worked in excess of his regularly scheduled work day or work week except as provided for in 12.02(ii).
8.01(b) The City will endeavour to pay overtime worked at the earliest time.
8.01(c) Subject to there being mutual agreement between the employee and the Department Head, an employee may receive compensation for overtime worked in the form of time off in lieu of pay at the appropriate overtime rate for each hour of overtime worked provided that the total lieu time taken for both overtime work and work on designated holidays as provided in Article 12.02 (Designated Holidays) shall not exceed ninety-six (96) hours in a calendar year.
8.01(d) Overtime shall be distributed as equally as possible amongst those employees who normally perform the work firstly within the work location concerned, and then within the section. The necessary overtime records will be made available for inspection by the Union upon request.
Overtime shall normally be on a voluntary basis. In the event that there are not sufficient number of employees who accept overtime, the employer may assign persons to overtime in the reverse order of seniority. Notwithstanding the foregoing, the City may assign overtime in emergency situations.
8.02(a) Each employee who has completed his regular day’s work and who has left his office, assigned yard or work location and who is called out and reports for overtime work or who is called out and reports for work on other than his regular work day, shall be paid by the City as a minimum, the equivalent of four (4) hours pay at his regular overtime rate, whether such employee works or not, for each time such employee is called out and reports for overtime work or work as the case may be.
8.02(b) Without limiting the generality of the foregoing, the payments referred to in this clause will not be applicable to overtime hours worked in conjunction with an employee’s regularly scheduled shift.
8.03 Except where standby is a normal requirement of the job, standby shall be voluntary. In the event an employee accepts standby, he shall be available for work when called by telephone, paged, etc. and shall receive a minimum of three (3) hours pay at his regular straight time hourly rate for each 24 hour period within which he is assigned to stand by. If the employee while on standby is required to work, all hours so worked shall be subject to overtime rates.
In the event an employee is on standby and is called into work, he shall not be entitled to callback pay as set out in Article 8.02 (Callback).
In the event that there are not sufficient number of employees who accept standby, the City may assign persons to stand by in the reverse order of seniority.
Employees on standby shall be provided a pager.
8.04 Employees on standby and who work holidays during the standby shall be treated in accordance with Article 12.02.
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9.01 The normal hours of Day Workers, including those workers who regularly work Monday through Friday, shall commence not earlier than 6:00 a.m. and end not later than 6:00 p.m. and be of seven (7) or eight (8) hours duration and thirty-five (35) or forty (40) hours per week as the case may be. Where the normal requirements of a job extend beyond the stop and start times set out above, normal hours at variance with the foregoing may, nevertheless, be established.
9.02 The City and the Union agree to establish a Variable Work Hours Committee to deal with the matter of establishing variable work hours and/or compressed work week programs, when requested to do so by either party.
Such Committee shall meet within fourteen (14) days of a request being made to establish such variable work hours and/or compressed work week program. Any such program to which both parties agree may be terminated by either party giving the other party sixty (60) days notice in writing.
There shall be four (4) representatives from each party. Each party shall appoint its own representatives. Members of the Committee shall not lose pay for time spent in Committee deliberations.
LETTER OF INTENT
HOURS OF WORK
Shift schedules that are currently in place which are at variance with the normal hours of work as set out in Article 9.01, will be maintained unless otherwise amended or terminated by agreement of the parties.
9.03 If an employee is excused from work by reason of authorized leave of absence with or without pay covered by this Agreement during any day or days prior to completion of the employee’s scheduled work week, such days shall be considered as time worked for the purpose of computing the employee’s entitlement for overtime pay for hours worked beyond the regularly scheduled work week and regularly scheduled work day and all other benefits as herein provided.
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10.01(a) Each employee of the City coming within the 416 Unit who works on the afternoon or night shift, shall be paid in addition to their regular wage or salary, a shift bonus of sixty-three cents (63¢) per hour, for each afternoon or night shift from time to time worked by such employee as part of their regular shift during such period; provided however, that the majority of hours worked on such shift, exclusive of overtime, falls within the period between 6:00 o’clock in the evening and 8:00 o’clock in morning of the next following day.
10.01(b) Each employee coming within the 416 Unit, who works on a regularly scheduled rotating shift shall be paid in addition to the regular wage or salary, a shift bonus of sixty-three cents (63¢) per hour, for each day, afternoon or night shift from time to time worked by such employee as part of a regularly scheduled twenty-four (24) hour, seven (7) day per week rotating shift schedule.
10.01(c) Each employee coming within the 416 Unit, who works a regularly scheduled day shift on a Saturday and/or Sunday shall be paid a premium of sixty-three cents (63¢) per hour for all regular hours worked on that Saturday and/or Sunday, provided the employee is receiving no other premium or bonus pay for hours worked on such days.
10.01 (d) Each employee of the City coming within the 416 Unit who, as a part of a regularly scheduled work week, works one half shift or more on the afternoon and/or night shift on a Saturday and/or Sunday shall be paid a week-end/shift premium of $1.26 per hour for all regular hours worked on such scheduled shift. The week-end/shift premium shall be in lieu of the provisions of Articles 10.01 (a), (b) and (c).
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11.01(a) Where the regular day, afternoon or night shift of an employee is to be changed, the employee shall be given forty-eight (48) hours notice of such change.
11.01(b) If the employee is given less than forty-eight (48) hours notice of such shift change, he shall be paid at the rate of time and one-half (1 ½) for the first changed shift worked.
11.01(c) If the second changed shift worked would otherwise have been a scheduled day off and it falls within forty-eight (48) hours of the notice of the shift change being given, the employee shall be paid at the rate of time and one-half (1 ½) for such second shift worked.
11.01(d) It is understood and agreed that (a), (b), and (c) do not apply if the change of shift is caused by an emergency or to employees engaged in ice rink operations.
11.01(e) It is understood and agreed that a change of hours within a regular day, afternoon or night shift shall not constitute a change of shift.
11.02 Each employee who is required to work on any regular schedule other than Monday through Friday shall be given two (2) consecutive days off in each seven (7) day or other regularly scheduled shift period in lieu of Saturday and Sunday, provided that work schedules which do not presently conform to the foregoing shall not be considered a violation of this Agreement.
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Article 12 - DESIGNATED HOLIDAYS
12.01(a) The days to be designated as holidays by the City in each year during the term of this Agreement shall be the following: New Year's Day, Good Friday, Easter Monday, Victoria Day, Canada Day, Civic Holiday, Labour Day, Thanksgiving Day, Christmas Day, Boxing Day and Remembrance Day (when Remembrance Day falls on a Monday, Tuesday, Wednesday, Thursday or Friday).
12.01(b) When any of the above-named holidays fall on a Saturday or Sunday (excepting Remembrance Day), the Friday preceding or the Monday following such holiday shall be designated by the City as the day of observance of such holiday, and it is agreed that any premium payable for working on a designated holiday shall not apply to such Saturday or Sunday.
12.01(c) In the case of Departments with seven (7) day operations, when an employee is scheduled to work a shift, the majority of the hours of which fall within the twenty-four (24) hour period of the actual holiday with respect to Christmas Day, Boxing Day, New Year's Day and Canada Day, the holiday premium will apply only to the actual holiday and not to the designated day of observance of the holiday, it being understood and agreed that in no circumstances will employees working on a seven (7) day operation be paid the holiday premium for the designated day of observance of that holiday.
12.02 Subject to sub-clause (B) hereof, each employee,
(i) who is not required to work on a day so designated as a holiday, shall be entitled to and shall be paid by the City his regular rate of pay for each designated holiday not so worked;
(ii) who is required to work on a day so designated as a holiday, shall be paid by the City at the rate of two (2) times his regular rate for time so worked and in addition shall either;
(A) be paid for a full day at his regular rate of pay, or
(B) subject to there being mutual agreement between the employee and the Department Head, take a subsequent lieu day off with pay at his regular rate, provided that total lieu time taken for both work on designated holidays and overtime worked, as provided in Article 8.01(b) (Lieu time), shall not exceed ninety-six (96) hours in any calendar year.
12.03(a) Subject to clause (b) hereof in addition to the designated holidays set out in clause 12.01, each employee coming within the Union shall be granted two (2) floating holidays in each calendar year which will be taken at a time that is compatible with the operational requirements of the Department in which the employee works.
12.03(b) A new employee must complete their probationary period with the City as set out in Article 5 before qualifying for the floating holidays.
12.04 An appropriate recognition of Remembrance Day will occur in the workplace.
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13.01(a) Each Permanent employee and each Temporary employee who is entitled to benefits in accordance with Article 26 of this Agreement, shall be eligible for vacation with pay on the following basis:
(i) following the completion of one (1) year of service - three (3) weeks vacation as follows:
Upon completion of the first six (6) months of the employee's first year of service, an employee may, if he so requests and the Department Head concerned consents, be granted one (1) week's vacation prior to the completion of his first year of service.
(ii) following completion of nine (9) years service - four (4) weeks vacation.
(iii) following completion of seventeen (17) years service - five (5) weeks vacation.
(iv) following completion of twenty-three (23) years service, and effective January 1, 2000, following completion of twenty-two (22) years service - six (6) weeks vacation.
(v) following completion of thirty years service - seven (7) weeks vacation in the thirtieth (30th) year only.
13.01(b) An employee who has qualified for the three (3) weeks vacation entitlement under clause 13.01(a)(i) shall thereafter be eligible for the annual vacation entitlement after January 1st of each calendar year.
13.02(a) Other than what is set out in Article 13.02(b) below, January 1st shall be an employee’s anniversary date for vacation purposes in respect of this Article.
13.02(b) Employees shall be eligible to receive vacation at any time after January 1st in the year in which increased vacation entitlement occurs, provided that the City shall be entitled to recover the value of any increased portion taken prior to entitlement where the employee leaves the service other than by death or retirement.
LETTER OF INTENT
HARMONIZING VACATION
The parties agree to discuss and resolve the issue of harmonizing the vacation year prior to December 1, 1999 and any scheduling problems that may arise thereafter. Failing agreement, the matter may be submitted to the Dispute Resolution Process.
13.03 There shall be no reduction of the vacation entitlement of an employee who takes or is granted pregnancy and/or parental leave pursuant to Articles 24.03(a) or 24.03(b) for the duration of such leave.
13.04 The normal vacation to which the retiring employee is entitled for the previous year's service may be taken, at the employee's option, prior to the effective date of retirement or as a final payment in lieu of vacation with pay upon retirement.
13.05(a) An employee who has completed one (1) year of service and leaves the service of the City after January 1st in any calendar year, such employee shall be paid any vacation owing.
13.05(b) In addition to the vacation to which an employee may be entitled in clause 13.05(a), an employee who leaves the service of the City shall receive vacation pay for the year in which his employment terminates, based on his length of service between the first of the year in which his employment terminates and his effective date of termination.
13.05(c) Where an employee dies on or after January 1st in any year and prior to receiving vacation in that year, the amount of vacation pay as set out in clauses 13.01(a) and (b) shall be paid to the employee’s estate.
13.06(a) Vacation due an employee on account of his previous year's service shall be completed before the end of the calendar year. An employee may, with the approval of his Department Head or at the request of such Department Head and with the consent of the employee, postpone the whole or part of such vacation to the following calendar year. Such request must be received by either the employee or the Department Head as the case may be no later than November 1 in any year.
13.06(b) In the event that there is no agreement to postpone the whole or part of such vacation to the following calendar year or, if no request is received by November 1 in accordance with Article 13.06(a), the Department Head shall consult with the employee regarding any preference that the employee may have regarding the scheduling of the remaining vacation. In the event that the employee’s request cannot be accommodated, the Department Head shall then schedule the employee’s vacation so that it is completed before the end of the calendar year or, if the employee so requests, they shall be paid out for any unused vacation at the end of the year.
13.07 Where an employee has been employed as a Temporary employee prior to being appointed as a Permanent employee, or prior to being eligible for benefits under clause 16.01, and has received an amount of vacation pay in the preceding twelve (12) month period, the employee's vacation with pay entitlement shall be reduced accordingly by the value of the vacation pay the employee so received calculated on the basis of the employee's pay per day in the "Temporary Service".
13.08 Employees ineligible for the maximum number of days vacation with pay shall, on request, be granted leave of absence without pay for the remainder of such maximum period.
13.09 A designated holiday, as set out in Article 12.01(a), which falls within a vacation period shall not be considered as a day of vacation.
13.10 An employee who is required to appear for jury duty or is requested by the City to appear as a witness in a court proceeding or is subpoenaed as a witness in a legal proceeding during his vacation period shall be granted, upon request, that the period of vacation time be changed to jury or witness duty leave.
13.11 Vacations will be scheduled in accordance with employees’ seniority and the requirements of operations.
13.12 Each employee taking two (2) consecutive weeks or more vacation shall be entitled to receive, prior to the commencement of such vacation, all pay falling due to him during the vacation period provided he gives the Department Head at least thirty (30) calendar days advance notice in writing to that effect.
13.13 Employees shall be entitled to vacation in accordance with the provisions of this Article, provided that where an employee is not in receipt of salary or wages because of sickness or injury for a period of time which exceeds twenty-six (26) consecutive biweekly pay periods, his vacation entitlement shall be reduced by 1/26th for each such consecutive biweekly pay period in excess of twenty-six (26) consecutive biweekly pay periods.
13.14 An employee who is off on WSIB and as a result is unable to use all of his vacation entitlement prior to the end of the calendar year shall be paid out for any unused vacation at the end of the year, unless an agreement is reached to carry over some or all unused vacation in accordance with clause 13.06(a).
13.15(a) An employee absent because of illness who has exhausted his sick pay credits may use the vacation pay credits owing to him as sick pay credits. In that case, such credits will be treated as sick pay credits and the provisions of Article 14 (Sick Pay) will apply.
13.15(b) An employee in receipt of sick pay, who has unused vacation, shall be entitled to defer his vacation to a mutually agreed upon time.
13.16 Temporary employees who are employed on a seasonal basis to meet seasonal needs, shall receive the vacation pay earned as part of their regular pay.
13.17 “Service” in this Article shall be as defined in Article 27 (Seniority and Service).
13.18 Where an employee on a scheduled period of vacation is admitted to hospital as an in-patient as a result of an illness or injury he shall be entitled to claim sick pay in lieu of vacation for such days of hospitalization, provided that written verification by a physician, is provided to his Department Head upon the employee’s return to work. The period of vacation shall be rescheduled for a later date and unless approved shall not constitute an automatic extension of the originally approved vacation period. In the event that any extenuating circumstances arise in respect of this clause, the employee and a Local 416 representative may, upon the employee’s request, review the matter with his Department Head.
LETTER OF INTENT
GRANDPARENTING OF EMPLOYEES WITH 4 WEEKS VACATION
Employees of the former City of York who as of the date of ratification have qualified for four (4) weeks of vacation or more, notwithstanding anything to the contrary in the Collective Agreement, will continue to be so entitled.
LETTER OF INTENT
GRANDPARENTING OF EMPLOYEES WITH 6 WEEKS VACATION
Employees of the former municipalities of York, North York, Etobicoke, East York and Scarborough, and of the Scarborough Public Utilities Commission, Cityhome and Leaside Memorial Gardens who, as of the date of ratification, are entitled to six (6) weeks of vacation or more, notwithstanding anything to the contrary in the Collective Agreement, will continue to be so entitled.
14.01(a) Permanent employees shall be eligible to receive sick pay commencing the first of the month following completion of the probationary period.
14.01(b) Temporary employees shall be eligible to receive sick pay commencing the first of the month following the completion of six (6) months of aggregate or continuous service with the City.
14.02 Credits shall be cumulative from the beginning of the first complete month after the commencement of duties.
14.03 In this Article “month” shall mean calendar month.
14.04(a) Except as provided in 14.04( b), each employee shall receive a sick pay credit of one and one-half (1 1/2) days for each month of "unbroken" service with the City, as defined in Clause 14.05 such credit to be cumulative.
14.04(b) An employee whose regular employment is on a part-time per day basis shall be entitled to part-time per day cumulative credits.
14.05(a) Except as provided in 14.05(b), a month of “unbroken” service shall be one in respect of which an employee receives pay (including any leave with pay), under the collective agreement for all scheduled days.
14.05(b) If an employee returns from illness, without sick credits, and thereafter works and is paid on all working days of the month in which the employee returns to work the month will be considered a month of “unbroken” service.
14.06 Except as provided in clause 27.05, (Service) when an employee is given leave of absence without pay for any reason, or is laid off, and returns to work upon expiration of such leave of absence or is recalled to work, he shall not receive credits for the period of such absence but shall retain his cumulative credits, if any, existing at time of such leave or layoff.
14.07 If an employee is absent on account of illness and his cumulative sick pay credit has been exhausted, his service, for the purpose of this Article, shall be broken and, therefore, he shall not receive a credit of one and one-half (1 1/2) days per month for the remainder of such absence.
14.08 Subject to Article 39.01 (Right to Rescind Resignation) an employee who resigns his position with the City or is discharged for cause and is later rehired to the City Service, shall be considered a new employee and shall not be entitled to bring forward credits available prior to leaving the service.
14.09 Whenever an employee's days of illness exceed his cumulative credit, the excess days of illness shall be regarded as days of illness without pay.
14.10 Sick pay shall be paid for any time lost by reason of illness or injury, to the full extent of sick pay credits available to him at the time of each absence, except where an award is made under The Workplace Safety and Insurance Act 1997.
14.11 The number of days or parts of days for which an employee receives sick pay shall be deducted from his Cumulative Sick Pay Credit but no deduction shall be made on account of any day on which an employee would normally be entitled to be off work. Absence on account of illness for less than half a day shall not be deducted. Absence on account of illness for a half a day or more, and less than a full day, shall be deducted as one-half (1/2) day.
14.12(a) An employee absent for more than three (3) consecutive working days shall furnish within seven (7) working days from commencement of absence, a certificate from his physician covering the duration of illness, with first and last dates the employee was seen by the physician. The seven (7) day period may be extended by the Department Head if the employee is incapacitated to the extent that he is unable to produce the certificate of illness within that period.
14.12(b) An employee absent for more than twenty (24) consecutive working days shall furnish immediately following such twenty (24) days, and each subsequent twenty (24) consecutive days of absence, a certificate from his physician covering the illness, the latest date the employee was seen by the physician and the probable date on which the employee will return to duty.
14.13 An employee shall not be entitled to sick pay in advance of any credit he may earn in the current month. Any such credit becomes available on the first day of the succeeding month.
14.14 An employee who is injured during working hours and who is required to leave for treatment or is sent home for such injury shall receive payment for the remainder of the shift at his regular rate of pay without deduction from sick leave, unless a physician states that the employee is fit for further work on that shift.
14.15(a) Except as provided in sub-clauses 14.12(a), 14.12(b) and 14.14 this Article does not apply to those employees who were employed by the former City of Etobicoke and who at the time of ratification of this Collective Agreement were eligible for sick pay benefits under the Etobicoke “Sick Leave 1/1/4 Plan”. Those employees shall continue to be provided with the benefits in accordance with the applicable provisions of the respective plan. Details of this Plan shall be incorporated into this Collective Agreement in Schedule 3.
14.15(b) Except as provided in sub-clauses 14.12(a), 14.12(b) and 14.14 this Article does not apply to those employees who were employed by the former City of York, and who at the time of ratification of this Collective Agreement were eligible for sick pay benefits under the York “Short Term Disability Plan”. Those employees shall continue to be provided with the benefits in accordance with the applicable provisions of the respective plan. Details of this Plan shall be incorporated into this Collective Agreement in Schedule 4 .
14.16 An employee may use up to six (6) days of his available accumulated sick credits per calendar year in order to care for ill dependents. Such absence shall be deducted from the employee’s bank of accumulated sick credits and shall not be considered as breaking a month’s service.
14.17 An employee who is required to attend to a critical incident or is involved in a serious incident or accident, such that he is unable to work, shall be permitted to take the remainder of the day off without loss of pay and benefits.
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Article 15 - SICK PAY GRATUITY
15.01 In this Article the words "termination of employment" shall mean separation from employment with the City by retirement, death or by resignation except where permission for the resignation is requested by the employee as an alternative to discharge.
15.02 Upon termination of employment with the City:
(i) there shall be paid to every employee who has been in the employ of the City for an aggregate period of at least ten (10) years;
(ii) there shall be paid to the Estate of an employee in the Permanent Service, who dies while in the employment of the City having completed an aggregate service of at least ten (10) years with the City,
an amount equal to one-half (1/2) the cumulative sick pay credits of the employee, but in no case shall the amount exceed the aggregate amount as set out in the following schedule.
Column 1 ...........................................................................................................Column 2
Service Requirement ............................................................................................Period
At least 10 years and ..............................................................................Three (3) calendar months
less than 15 years
At least 15 years and ..................................................................................Four (4) calendar months
less than 20 years
At least 20 years and ...................................................................................Five (5) calendar months
less than 25 years
At least 25 years .............................................................................................Six (6) calendar months
15.03 For the purpose of meeting the service requirements set out in the above Schedule the following shall be included:
(i) All time worked with the City and with any of the predecessor Municipalities, including the Municipality of Metropolitan Toronto, that now form part of the New City of Toronto.
(ii) All time lost on account of absence for reasons of illness where the employee was paid for the absence or was on sick leave without pay.
15.04 An employee who is eligible for payments in accordance with Article 15.02 may select any option for payment that is permissible under the Income Tax Act.
15.05 An employee upon retirement shall be given the option of taking their cumulative sick pay credit grant in accordance with clause 15.02 as vacation time prior to their termination of employment.
15.06 In no case shall an award made by the Workplace Safety and Insurance Board be deducted from any authorized grant under this Article.
LETTER OF INTENT
SICK PAY CREDIT GRANTS FOR FORMER EMPLOYEES OF EAST YORK
Those employees who, as at the date of ratification, are eligible for a sick pay gratuity payout upon the completion of seven (7) years of service shall continue to be covered by those provisions up to and including December 31, 2001, notwithstanding anything to the contrary in the Collective Agreement.
LETTER OF INTENT
FORMER EAST YORK LOCAL 114 RETIREMENT ALLOWANCE
Notwithstanding Article 15.02, the following retirement allowances shall apply for employees of the former East York.
Upon retirement, an employee having attained the age of 55 years, will receive payment for unused sick leave accumulated at the time of retirement on the following basis: seven (7) years’ service - all of accumulated allowance to a maximum of six (6) months.
LETTER OF INTENT
FORMER EAST YORK LOCAL 114 EMPLOYEES
RE: SEVERANCE ALLOWANCE
Notwithstanding Article 15.02, for the term of this Agreement, the following severance allowances shall apply for employees of the former East York:
rance
Upon voluntary termination of employment with the City, there shall be paid to the employee the whole or part of such an amount as is equal to one-half (1/2) of the cumulative sick pay credit of the employee, but in no case shall the such amount exceed the aggregate amount of his salary and other remuneration set forth in column 2 of the following schedule and corresponding to the service requirements set forth in column 1 thereof:
Column 1 .....................................................................................................Column 2
At least 7 years but ...............................................................................Two (2) calendar months
Less than 10 years
At least 10 years but ..............................................................................Three (3) calendar months
Less than 15 years
At least 15 years but ................................................................................Four (4) calendar months
Less than 20 years
At least 20 years but .................................................................................Five (5) calendar months
Less than 25 years
More than 25 years ....................................................................................Six (6) calendar months
LETTER OF INTENT
FORMER CITY OF TORONTO (LOCAL 43) RETIREMENT ALLOWANCE
Notwithstanding Article 15.02, the following retirement allowance provisions shall apply for all employees of the former City of Toronto upon retirement:
every employee who is retired on account of age; or retires from employment and is qualified to receive a pension pursuant to either paragraphs (1), (2) or (3) under heading “C” of the Schedule contained in Section 5 of By-law No. 375-70 of the City, and amendments thereto, being a By-law to provide improved benefits for certain employees and certain former employees, or pursuant to the Ontario Municipal Employees Retirement System or pursuant to an approved pension plan within the meaning of Section 250 of the Municipal Act respecting the employees of The Corporation of the Village of Forest Hill or of The Corporation of the Village of Swansea or the Local Board of Health of either of such Corporations;
the whole or part of such amount as is equal to the cumulative sick pay credit of an employee, but in no case shall such amount exceed the aggregate amount of his salary or other remuneration for the period set forth in Column 2 of the schedule contained herein corresponding to the service requirement set forth in Column 1 thereof. The following is the schedule hereinbefore mentioned:
Column 1 ...........................................................................................................Column 2
Service Requirement ..............................................................................................Period
At least 10 years. & less than 15 years .........................................................Three (3) calendar months
At least 15 years. & less than 20 years ..........................................................Four (4) calendar months
At least 20 years. & less than 25 years ...........................................................Five (5) calendar months
At least 25 years .............................................................................................Six (6) calendar months
LETTER OF UNDERSTANDING
FORMER CITY OF ETOBICOKE RETIREMENT ALLOWANCE
Notwithstanding Article 15.02 the following retirement allowance provision shall apply for all employees of the former City of Etobicoke who remained in the cumulative sick pay plan:
Any employee with ten (10) or more years of service who is actively engaged in his duties may be granted retirement leave with full pay for a period equal to the unused portion of the employee’s accrued sick pay credit, but not in excess of six (6) months.
This letter of Understanding will form part of the Collective Agreement.
LETTER OF AGREEMENT
PAYOUT FOR SICK LEAVE CREDITS
Employees of the former City of York, on staff prior to July 31, 1982, who did not enroll in the new STD plan will be covered by Option B, Schedule C of the former Local 10 Collective Agreement. Said employees shall receive sick pay-out in accordance with former City of York By-Law 2165.
The sick time accumulation pay-out shall be at one hundred percent (100%) of the employee's rate of pay at time of termination of employment. Sick pay accumulation standing to their credit will be paid for all credits up to a maximum of one hundred and thirty (130) days.
Trust Agreement credits shall be based on the employee's sick credits entered into said Trust Agreements as of July 31, 1982 or upon signing of said Trust Agreement whichever is proper as past practice has established.
Employees transferred into Local 10 subsequent to July 31st, 1982 who would be covered by the above are included. Similarly, any employees of the former CUPE Local 840 who would be covered by the above are included. The employees referred to in this paragraph are those who are currently members of CUPE Local 416.
This letter of Agreement shall form part of the Collective Agreement.
Article 16 - EXTENDED HEALTH CARE/DENTAL/GROUP LIFE AND LONG TERM DISABILITY INSURANCE
Eligibility for Benefits
The following provisions contained in Article 16 “Extended Health Care/Dental/Group Life and Long Term Disability Insurance” will become effective January 1, 2000.
16.01(a) A permanent employee of the City shall be entitled to the benefits provided for in this Article upon the completion of his probationary period as set out in Article 5.01.
16.01(b) A temporary service employee of the City who attains six (6) months of continuous service or six (6) months of aggregate service with the City shall be entitled to the benefits provided for in this article.
16.01(c) Where an employee is not in receipt of salary or wages because of sickness, or injury for a period of time that exceeds twenty-six (26) consecutive biweekly pay periods, the employee shall be responsible for paying the cost of premiums for any of the benefits in this Article under which the employee has coverage.
16.01(d) Articles 16.02 and 16.03 shall apply to the eligible dependants of an eligible employee (as defined in clauses 16.01(a) and (b) above). Such dependants are defined as follows:
An employee’s spouse including same-sex partner
An unmarried child of the employee or the employee’s spouse who is:
dependent on the employee for support
under twenty-one (21) years of age (up to twenty-five (25) years of age if evidence is supplied that the child is a full-time student and entirely dependent on the employee for support)
incapable of self-support because of a physical or mental disability and becomes handicapped before age twenty-one (21)
Extended Health Care Benefits
16.02 The City will provide for all employees by contract with an insurer selected by the City an Extended Health Care Plan which will provide extended health care benefits. The City shall pay one hundred per cent (100%) of the premiums.
Eligible Expenses (Benefit year January 1 - December 31)
Semi-private hospitalization - difference between ward and semi-private hospital room
Drugs (drug card, including current generic prescription features, for use in Canada), which are prescribed by a medical doctor or dentist and dispensed by a licensed pharmacist, which:
Require a prescription, have a Drug Identification Number and are listed in Federal or Provincial Drug Schedules
Maximum of three hundred dollars ($300) per person per benefit year for smoking cessation medication
Plus other non-prescription but life sustaining drugs if they have a Drug Identification Number
Private duty nursing at home when medically necessary, to a maximum of five thousand dollars ($5,000) per benefit year
Services of a licensed chiropractor, physiotherapist, osteopath, podiatrist, chiropodist or masseur (after OHIP ceases to pay for treatment) to a maximum of two hundred and fifty dollars ($250) per person per benefit year and an overall maximum of one thousand dollars ($1,000) per person combined per benefit year
Services of a licensed psychologist, to a maximum of three hundred dollars ($300) per person per benefit year
Up to two hundred dollars ($200) per person in any twenty-four (24) consecutive months for contact lenses or eyeglasses prescribed by an ophthalmologist or licensed optometrist
Hearing aids to a maximum of five hundred dollars ($500) per person per benefit year
One (1) pair of orthotic devices per person per benefit year provided that they are prescribed by an orthopaedic surgeon or podiatrist as being medically necessary for everyday use, and the diagnosis is by way of a biomechanical examination; eligible persons eighteen (18) years of age and under shall not be limited to one (1) pair of orthotic devices per benefit year.
One (1) pair of orthopaedic devices per person per benefit year provided that they are prescribed by an orthopaedic surgeon or podiatrist as being medically necessary for everyday use, and the diagnosis is by way of a biomechanical examination; eligible persons eighteen (18) years of age and under shall not be limited to one (1) pair of orthopaedic devices per benefit year.
Out of country emergency medical coverage for employees travelling in connection with their job duties.
Coverage is also included for the following, provided that these services are medically necessary and provided by appropriately registered recognized practitioners, and are not covered by another plan.
Ambulance services, dental services to repair damage to natural teeth and dentures, which start within twelve (12) months of the accident, rental of medical equipment, casts, braces, crutches, etc., artificial limbs and eyes, plus other expenses such as wigs, elastic stockings, breast prostheses, etc., to the extent that they are reasonable and do not exceed the limits to be established in our plans.
Dental Benefits
The City will provide for all employees by contract with an insurer selected by the City a Dental Plan which will provide dental benefits. The City shall pay 100% of the premiums.
Eligible Expenses (Current ODA fee guide for general practitioners; other
expenses to reasonable and customary charge;
benefit year - January 1 - December 31)
One hundred percent (100%) for:
Preventive, diagnostic emergency or palliative procedures, including oral exams, consultations, diagnostic procedures, x-rays and preventive services, subject to current limits on frequency
Restorative procedures, such as fillings - amalgams (acrylic or composite for front teeth)
Surgical services (extractions) and anaesthesia
Periodontal and endodontic services
Fifty percent (50%) major restorative procedures, sixty percent (60%) dentures - to a maximum of two thousand dollars ($2,000) per person per benefit year:
Major restorative procedures, such as inlays, onlays, gold fillings, crowns, repair and recementing of same, initial installation of fixed bridge work and repair of same; replacement of a fixed bridge which is five (5) or more years old
Initial installation of full or partial dentures, and repair, returning and releasing replacement of dentures which are five (5) or more years old
Fifty percent (50%) - to a lifetime maximum of two thousand dollars ($2,000) per person:
Orthodontic procedures, including consultation, diagnostic services, preventive, interceptive and corrective orthodontics
Group Life Insurance
16.04(a) The City will provide for all employees by contract with an insurer selected by the City group life insurance for all employees in the amount of five thousand dollars ($5,000) for each such employee covered by such insurance, and the City shall pay one hundred percent (100%) of the premium for such insurance chargeable in respect of each such employee covered thereby.
16.04(b) The City shall provide, as an option, available to those employees who request it in writing and by contract as stipulated in clause 16.04(a) hereof, group life insurance for all employees in an amount equal to twice the annual salary of such employee, calculated to the nearest thousand dollars of current salary; provided that as to such employees who elect to take up such option, such group life insurance shall be deemed to include the five thousand dollars ($5,000) coverage under clause 16.04(a) hereof, and the cost of the premium for the first half of the coverage in excess of the first five thousand dollars ($5,000) shall be borne by the City and the cost of the premium for the other half of such coverage shall be borne by the employee through regular payroll deductions.
16.05 All employees shall, as a condition of employment, participate in the group life insurance to be provided in accordance with clause 16.04(a) hereof.
LETTER OF AGREEMENT
GROUP LIFE INSURANCE
The Group Life insurance provisions in the Collective Agreement in the former municipalities of East York, Scarborough, York, Etobicoke and North York shall continue to apply to persons covered by those provisions as at the date of ratification, notwithstanding anything to the contrary in the Collective Agreement.
This letter of Agreement shall form part of the Collective Agreement.
Long Term Disability
16.06(a) The City will provide for all employees by contract with an insurer selected by the City a Long Term Disability plan for employees and will pay one hundred percent (100%) of the cost thereof to provide a long term disability benefit of seventy-five percent (75%) of basic salary to a maximum of three thousand eight hundred dollars ($3,800) per month for disability claims, inclusive of any benefits paid under any pension plan, insurance plan, Workers' Compensation or any other plan to which the City makes any contribution, such long term disability benefit to be payable after six (6) continuous months absence from work on account of illness or injury; provided that no employee shall be eligible to collect Long Term Disability benefit payments so long as he is in receipt of sick pay benefits from the City.
Effective January 1, 2001, amend the monthly maximum from “three thousand eight hundred dollars ($3,800) per month” to read “three thousand nine hundred dollars ($3,900) per month”.
16.06(b) Except where a premium waiver applies, the City will ensure the continuation of existing benefit coverage, as set out in this article, of an employee who has applied for the long term disability benefit but who has exhausted his sick pay credits prior to the conclusion of the six (6) month waiting period. In no case shall the period of such continued coverage exceed the six (6) consecutive months.
16.06(c) The City shall provide employees who are in receipt of the long term disability plan benefit, benefit coverage under the Extended Health Care and Dental plans.
The City shall pay one hundred per cent (100%) of the premiums.
16.07 Each employee shall report any changes in marital status or increase or decrease in dependants without delay, and if failure to report any such changes results in any overpayment by the City, the employee shall reimburse the City in the amount of such overpayment.
16.08 If there is a change in carrier, the City shall ensure that the level of benefits will remain unaffected by such change, unless otherwise agreed.
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Article 17 - PENSIONS AND RETIREMENT
17.01(a) All employees enrolled in the Ontario Municipal Retirement System (OMERS) as of January 1, 1998, shall continue to participate in the OMERS plan.
17.01(b) All employees hired after January 1, 1998, shall enroll in the OMERS plan.
17.01(c) All current and retired employees who were members of pension plans other than the OMERS plan as of January 1, 1998, shall continue to participate in those plans.
17.01(d) Without limiting the generality of the foregoing, the pension plans to which clause 17.01(c) applies include, but are not limited to:
Toronto Civic Employees’ Pension Plan
York Employees’ Pension Plan
Metro Toronto Pension Plan
It is understood and agreed that this list includes all non-OMERS pension plans of which the parties are aware as of the date of ratification of this Collective Agreement. However, it is also understood and agreed that the list is not an exhaustive list, and that any other non-OMERS pension plans of which either party becomes aware during the term of this Collective Agreement will also be covered by clause 17.01(c).
17.01(e) For the purposes of this Article, the term “participate” when used in connection with a pension plan includes, but is not limited to, membership in the plan, accrual of pensionable service, employer and employee contributions, and entitlement to pension benefits.
17.02 Notwithstanding Article 6.01 hereof, each employee shall be retired upon attaining the age of sixty-five (65) years, such retirement to be effective upon the last day of the month in which the sixty-fifth (65th) birthday of such employee occurs. Employees who have presently attained age sixty five (65) and who presently continue in the service of the city shall retire no later than twelve (12) months from the date hereof.
17.03 The pension premium payments for every employee on leave of absence on Union business shall continue to be made notwithstanding such leave, and the Union shall pay the City for both the employer and employee share of such premium payments during such leave on a quarterly basis as invoiced therefor by the City.
17.04 (a) An employee who has at least ten (10) years of credited Pension service with the City, including predecessor service, and who elects early retirement shall be eligible for the continued coverage of benefits set out in Articles 16.02 (Extended Health Care), 16.03 (Dental), and 16.04 (Group Life Insurance), at employer cost, until such employee attains the age of sixty-five (65) years. Such benefits will be effective upon the date on which the employee actually retires.
17.04 (b) An employee hired prior to the date of ratification of the Memorandum, and who at retirement does not have ten (10) years of credited pension service with the City, including predecessor service, shall be entitled to the benefits as outlined above in Clause 17.04(a), at employer cost, up to and including the last day of the month in which his sixty-fifth (65th) birthday occurs.
17.05 Where an employee who elects early retirement and is eligible for benefits in accordance with Article 17.04 dies prior to his sixty-fifth (65th) birthday, said employee's spouse shall continue to be covered by said benefits with the exception of those benefits provided under Article 16.04 (Group Life Insurance) up to and including the date on which the deceased employee would have attained the age of sixty-five (65) years.
17.06 Where an employee who would have been eligible to elect early retirement dies prior to actually taking early retirement, and provided that such employee was eligible for benefit coverage at the time of his death, the employee's spouse shall, with the exception of those benefits provided under Article 16.04 (Group Life Insurance), be eligible for the benefit coverage as set out in Article 17.04 for the period from the date of the employee's death up to and including the date on which the deceased employee would have attained the age of sixty-five (65) years.
17.07 When an employee retires, if the employee was in receipt of Workplace Safety and Insurance Benefits and a disability waiver of premium benefit at any time during the employee's employment with the City and if the effect of that disability waiver of premium benefit is to reduce the employee's pension entitlement, the City will provide the difference between the employee's pension and the pension to which the employee would have been entitled had the employee not been on said disability waiver of premium benefit.
17.08 The City shall provide a paid up group life insurance policy in the amount of three thousand dollars ($3,000) for those employees who retire at the age of sixty-five (65), and to employees on LTD upon the attainment of age sixty-five (65).
NOTE: Any employee who is eligible for retiree benefits beyond age sixty-five (65) at the time that this Collective Agreement is ratified shall continue to be eligible for said benefits.
17.09 The City shall not implement nor offer any Early Retirement Incentive Package(s) to any employee(s), until it has consulted with the Union.
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Article 18 - REQUESTS FOR TRANSFER
18.01(a) An employee wishing to transfer to another Department or a Division within the same Department and within the same classification may submit, once per year, such request in writing to the Human Resources Division of the Corporate Services Department.
18.01(b) An employee wishing to transfer to a different location within his Department or Division may submit such request in writing to his Department Head.
18.01(c) It is understood and agreed that vacancies shall not be considered for a lateral transfer under this procedure.
18.01(d) In accommodating requests for transfer under (a) and (b) above, the City will take into account the availability of positions at a location, and seniority. The City shall make a reasonable effort to satisfy such requests.
Article 19 - PROMOTIONS AND CLASSIFICATIONS
19.01 Whenever the City determines that appointments to or promotions within the City are to be made, the Department Head concerned shall notify the Executive Director of Human Resources of the City accordingly, setting forth the duties of the position and the specific qualification therefor, and the Executive Director of Human Resources shall arrange for the position to be made known to all employees through the Job Call procedure unless a certified eligibility list is in effect. The Job Call procedure shall apply only to permanent positions and shall not apply to the position of Labourer or other entry level positions that have not been advertised in the past. The Executive Director of Human Resources shall,
(i) send copies of Job Call notices, in accordance with Article 19.02, to all City Departments, which notices each Head of Department shall ensure are prominently displayed so that all employees are made aware of positions available.
(ii) prepare and conduct competitive examinations and evaluate the applicants by education (which the Executive Director of Human Resources shall construe liberally), experience, and ability to perform the work satisfactorily; and
(iii) establish lists of candidates and certify names on such lists to Heads of Departments for selection and recommendation for promotion, and
(iv) provide copies of any Job Call notice to the President of Local 416 at least five (5) working days prior to the actual posting
Said copies shall be kept in confidence until the date on which the Job Call notice(s) is posted.
19.02(a) Each Job Call notice shall state:
(i) the general duties of the position;
(ii) the Department, Division and location where possible;
(iii) the bargaining unit in which the position is situated;
(iv) the salary range or wage rate;
(v) the qualifications required;
(vi) the procedure for making application;
(vii) the time limit for receiving applications;
(viii) the contact person, and
(ix) the examinations, if any, that candidates must undergo for the position will be held in the Human Resources Department unless otherwise indicated; and
(x) whether an Eligibility List will be established from the Job Call from which qualified candidates for future vacancies for the position classification may be selected.
19.02 (b) Such qualifications shall be those necessary to perform the job function and may not be established in an arbitrary or discriminatory manner.
19.02 (c) The time limit provided for in the foregoing (a)(vii) hereof shall not be less than two (2) weeks from the date of issue of the Job Call.
19.03(a) Applications for available positions shall be made on forms supplied by the Human Resources Department. An employee may apply for a position in a classification that is at the same, or higher or lower rate of pay than his present classification.
19.03(b) An employee whose application has been rejected because of insufficient qualification for the position shall be notified in writing at least seven (7) days prior to the date of the examination.
19.03(c) Any applicant for an examination or candidate participating in an examination who deems he has a complaint regarding the procedure or any other matter may have his complaint placed before the Executive Director of Human Resources.
19.04(a) If passing an examination is required to qualify for a particular position, such examination shall be conducted in a manner that will provide a fair evaluation of all applicants who shall be evaluated against the same set of standards.
19.04(b) Examinations may be written, oral, physical or by demonstration of skill, training, experience, or any combination thereof, as may be determined by the Executive Director of Human Resources.
19.04(c) All applicants to a Job Call notice shall be notified in writing of the outcome of their examination and their standing on the list.
19.04(d) The Executive Director of Human Resources shall permit any applicant to peruse his examination paper, at any time within thirty (30) days of notification.
19.05(a) The list of candidates established from each Job Call shall be either,
(i) a Candidate List which shall be valid for the filling of the advertised position only, or
(ii) an Eligibility List which shall be valid for the filling of other vacancies that may occur in the same position classification, as the case may be, in accordance with the Job Call Notice.
19.05(b) An Eligibility List shall remain in force for six (6) months unless depleted before that time, in which case a new Job Call notice may be issued. A new Job call will not be issued for the position within the stated six (6) month period unless past experiences indicate additional candidates are likely to be available.
19.05(c) An Eligibility List established for the position of Ambulance Paramedic shall remain in force for one (1) year unless depleted before that time, in which case a new Job Call will be issued if there is a vacancy in this position classification to be filled or if the Executive Director of Human Resources deems that a vacancy may occur. No further job call will be issued within the stated one (1) year period unless past experience indicates that there are likely to be additional candidates available.
19.06(a) The Executive Director of Human Resources shall provide a list of candidates resulting from each Job Call ranked in order of standing.
19.06(b) To be determined.
19.06(c) To be determined.
Reversion
19.07(a) All appointments and promotions to permanent positions shall be subject to a three (3) month assessment period which will be extended by the amount of time an employee is absent in excess of ten (10) working days during the period of assessment.
19.07(b) A joint performance review will be conducted between the employee and the Department Head after the employee’s first six (6) weeks in the position to evaluate the employee’s performance and suitability or to determine the possibility of reversion.
19.07(c) Should a reversion be necessary or requested by the employee and approved by the Department Head, the employee shall be reverted to his former position and salary, if the position has not been filled during the interim period. If the former position has been filled, the employee will be reverted to a position reflecting the salary earned by the employee prior to the promotion.
19.07(d) Should no substitute position be available, a supernumerary position at the pre-promotion salary level will be created for the employee until such time as a position becomes available.
19.08 Notwithstanding clause 19.01 hereof, a permanent employee who has become incapable of fully performing his regular duties because of injury, occupational disease, advancing years or disability may be given preference for any available vacant permanent position for which he is considered suitable to perform without the Executive Director of Human Resources being required to advertise such position, provided that such employee may not displace any other employee by reason of seniority, and the City shall advise Local 416 of all such appointments.
Article 20 - GRIEVANCE PROCEDURE
20.01 The parties to this Agreement are agreed that it is of the utmost importance to address and resolve grievances as quickly as possible.
20.02 Time limits for all steps of the entire grievance and arbitration procedure may be extended in writing by mutual consent.
20.03 For the purposes of the grievance and arbitration procedures, "working days" shall be Monday to Friday inclusive, but exclusive of designated holidays.
20.04 A grievance shall be defined as where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable or where an allegation is made that this Agreement has been violated.
20.05 The Union acknowledges and agrees that Stewards and Officers of the Union have regular duties to perform as employees of the City and that such employees will not leave their regular duties to assist employees in preparing their grievance without obtaining the permission of their Department Head or someone designated by him and will similarly report upon returning to their regular duties. Such permission shall not be unreasonably denied. Time spent during an employee’s regular working hours pursuant to this Article (including Article 8.06 - Mediation) shall be without loss of pay.
20.06 Grievances properly arising under this Agreement shall be adjusted and settled as follows:
(i) Step One
It is understood that before the Grievance is reduced to writing and filed, the Grievor’s immediate Supervisor will have an opportunity to discuss and resolve the Grievance. Within twenty (20) working days following the circumstances giving rise to a grievance, the Union, through the Union Steward, shall request a meeting with the Grievor’s immediate Supervisor, who shall arrange a meeting within five (5) working days of receiving the request. The employee shall be accompanied by a Union Steward or an available Union Representative. Within three (3) working days of the Step One meeting, the Supervisor will advise the Union Steward and the Grievor in writing of the date on which the Step One meeting took place and shall note whether the grievance was denied, granted or resolved. Any resolutions reached at this step shall be without prejudice or precedent.
(ii) Step Two
If the grievance is not resolved at Step One to the satisfaction of the Union, the grievance and redress sought shall be reduced to writing and signed by the employee. The Union shall file the grievance with the Department Head within ten (10) working days following receipt of the supervisor’s written response from the Step One meeting. The Department Head shall confer with the Representatives of the Union within ten (10) working days after receipt of the grievance at Step Two, and shall advise the Union in writing of his decision in respect to the grievance within ten (10) working days of the time of the conference. The grievor will attend the Step Two meeting upon the request of the Union, provided that such request must be made at least five (5) working days prior to the date of the Step Two meeting.
(iii) Step Three
Should the decision of the Department Head not be satisfactory to the Union, the Union may within ten (10) working days after the receipt of the written decision of the Department Head, forward copies of the grievance and the written decision as provided for in Step Two to the Director of Employee and Labour Relations. Upon receipt of such copies, the Director of Employee and Labour Relations shall confer with the Representatives of the Union within fifteen (15) working days after receipt of the grievance at Step Three. The Director of Employee and Labour Relations shall advise the Union in writing within ten (10) working days after the said conference of his decision in respect to the grievance. The grievor will attend the Step Three meeting upon the request of the Union in the case of a discharge or a suspension of five (5) working days or more, provided that such request must be made at least five (5) working days prior to the date of the Step Three meeting.
(iv) Step Four
If the decision of the Director of Employee and Labour Relations is not acceptable to the Union, the Union may, within twenty (20) working days after receipt of the written decision of the Director of Employee and Labour Relations, require that the grievance be submitted to arbitration by notifying the City in writing.
20.07 The decision of the Department Head or the Director of Employee and Labour Relations, as the case may be, shall be final and binding upon the City and the Union and upon any employee affected by it unless a subsequent step is taken within the times hereinbefore limited.
Policy Grievances
20.08 Where a dispute involving a question of general application or interpretation of the Collective Agreement occurs, a policy grievance may be filed by the Union commencing at Step Three.
Group Grievances
20.09 Where a group grievance involves a group of employees in the same Department, it may be initiated at Step One or filed at Step Two at the Union’s option. Group grievances involving a group of employees in two or more Departments shall be filed at Step Three.
Suspension or Discharge Grievances
20.10 Whenever an employee is suspended or dismissed for cause, the grievance procedure as set forth in this Article shall apply except that the grievance shall be initiated at Step Two within twenty (20) working days after the said employee has been suspended or ceases to be employed by the City, as the case may be.
Job Calls
20.11 Any grievance of an employee with respect to not being selected for a position under the Job Call procedure shall be initiated at Step Two within twenty (20) working days of the employee receiving notification in writing that he was not selected for the position for which he applied. If such position is within a Department other than the employee's Department, the grievance shall be directed by the Union to the Head of the Department in which the vacancy occurred.
al Harassment
20.12 Where an allegation is made by an employee that Article 6.04 (sexual harassment) has been violated, a grievance shall be initiated at Step Two within twenty (20) working days after such violation is alleged to have occurred.
Management Grievances
20.13 In the event the City has a grievance, the Director of Employee and Labour Relations shall file the grievance in writing within twenty (20) working days of the circumstances giving rise to a grievance with the authorized officers of the Union who shall confer with the Director of Employee and Labour Relations within twenty (20) working days of the receipt of such grievance. In the event the authorized officers of the Union do not provide redress satisfactory to the City, the Director of Employee and Labour Relations may process the grievance to arbitration in accordance with the arbitration provisions as set out in this Agreement, with the necessary changes being made.
Article 21 - LETTERS OF INTENT
21.01 Unless otherwise specified, all Letters of Intent shall form part of the Collective Agreement.
Article 22 - ARBITRATION
22.01 The Union, in submitting a grievance to arbitration, may request that the grievance be determined by a single arbitrator. If the parties agree, they shall endeavour to reach agreement as to a suitable arbitrator. In the event that the parties fail to agree upon an arbitrator, the Union shall request the Minister of Labour for Ontario, in writing, to appoint an arbitrator.
22.02 In the event that the parties do not agree to have the grievance determined by a single arbitrator, the Union shall, within ten (10) working days of being so advised, provide the City with the name of its nominee to an Arbitration Board. The City shall, within ten (10) working days after the receipt of the letter from the Union, advise the Union of the name of its nominee to the Arbitration Board. The two (2) nominees so selected shall appoint a third person who shall be the Chairperson. If the two (2) nominees fail to agree upon a Chairperson within one (1) calendar month, the Union may request the Minister of Labour for Ontario, in writing, to appoint a Chairperson. A copy of such request shall be forwarded concurrently to the other nominee to the Board.
22.03 The Arbitration Board, or single arbitrator, as the case may be, shall hear and determine the grievance and shall issue a decision, and the decision shall be binding upon the Union, the City and upon any employee affected by it. The decision of a majority shall be the decision of the Arbitration Board, but if there is no majority the decision of the Chairperson shall govern.
22.04 Each of the parties hereto will bear the expenses of the nominee appointed to represent it and the parties will jointly in equal shares bear the expenses of the Chairperson of the Arbitration Board, or single arbitrator, as the case may be, and the cost of the room or rooms in which the arbitration is held.
22.05 In the grievance and arbitration procedures, the Union shall be confined to the grievance and redress sought as set forth in the written grievance filed as provided in Article 20 (Grievance Procedure).
22.06 The Arbitration Board shall not have any power to add to, subtract from, alter, modify or amend in any way, any part of this Agreement nor to consider any matter not specifically contained in this Agreement nor otherwise make any decision inconsistent with this Agreement.
Mediation
22.07 Once a grievance has been processed to arbitration, both parties may, within forty (40) working days, agree to use the services of a mutually agreeable Mediator to assist the parties in resolving the grievance. The grievor(s) will attend the mediation meeting at the request of the Union. Time spent in attendance at mediation during an employee’s regular working hours shall be without loss of pay. Any mutually agreeable resolution reached by the parties through such mediation shall be binding upon the parties but shall be without precedent or prejudice.
Article 23 - DISCIPLINE, SUSPENSION AND DISCHARGE
23.01 Whenever an employee is requested to report for a disciplinary discussion with supervisory personnel, prior to any disciplinary action being taken or a grievance being lodged, such employee shall have a Union Representative at such a meeting. For the purposes of this provision, “Union Representative” shall mean the Steward for the particular work location or, if not available, any steward within the section or, if not available the Unit Chair. If no Union Representative is available, the employee shall not be disciplined but may be removed from the workplace with pay until a disciplinary discussion can be held. Such removal from the workplace shall not be considered to be disciplinary action.
23.02 Where a discussion occurs between an employee and the supervisor of such employee pertaining to any matter which may result in disciplinary action being taken and such matter is brought to the attention of a member of the excluded group holding a supervisory position, the disciplinary action resulting from such discussion shall be recorded in writing and a copy thereof shall be furnished to the employee or forwarded by registered mail to the employee's address last known to his Department, within two (2) working days of such discussion.
23.03 Where a meeting is arranged between an employee and a supervisor for the specific purpose of providing the employee with written notice of discharge, suspension or issuance of a written reprimand to the employee, the employee shall have the shop steward for the particular work location or another Union Representative at such meeting.
23.04 The City shall forward a copy of any letter of discharge to the Recording Secretary of the Union.
23.05 Where a discussion as defined in clause 23.01 or 23.03 is to take place, it is agreed that the steward, or other Union representative, shall be provided with up to twenty (20) minutes, if requested, to consult with the employee prior to commencing the meeting.
23.06 Where an employee has not received a disciplinary notation for a period of two (2) calendar years, any disciplinary notation(s) recorded on the employee’s service record shall be null and void, and shall be removed from the employee’s file.
cle 24 - LEAVE OF ABSENCE
Bereavement Leave
24.01(a) An employee who is absent from work solely due to the death of the father, mother, son, daughter, brother, sister, husband, wife or same-sex partner of such employee, shall be entitled to compensation for time so lost by such employee from his regular schedule at his regular rate of pay for five (5) working days. Such leave may commence no earlier than the date of the death, and must be completed within the seven (7) consecutive calendar day period following the death, provided that if the funeral is not held within the seven (7) day period, the employee may reserve one (1) of the above five (5) bereavement days for the purpose of attending the funeral or interment, where either ceremony falls on a regularly scheduled working day.
24.01(b) An employee who is absent from work solely due to the death of the father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandparent or grandchild of such employee, shall be entitled to compensation for time so lost by such employee from his regular schedule at his regular rate of pay for three (3) working days. Such leave may commence no earlier than the date of the death, and must be completed within the seven (7) consecutive calendar day period following the death, provided that if the funeral is not held within the seven (7) day period, the employee may reserve one (1) of the above three (3) bereavement days for the purpose of attending the funeral or interment, where either ceremony falls on a regularly scheduled working day.
24.01(c) An employee may be granted leave of absence with pay at the discretion of the Department Head where such leave is requested solely due to the death of persons other than those specified in clauses 24.01(a) and (b).
Leave of Absence for Jury Duty
24.02 Each employee who is called to serve as a juror or is subpoenaed as a witness in a legal proceeding,
(i) shall be granted leave of absence for such purpose, provided that upon completion of his jury or witness service such employee shall present to his Department Head a satisfactory certificate showing the period of such service;
(ii) shall be paid his full salary or wage for the period of such jury or witness service; provided that he shall pay to the Commissioner of Finance of the City the full amount of compensation received for such service and obtain an official receipt therefor, it being understood that the full amount does not include monies received on days other than his regularly scheduled work day with the City or any monies received for meal allowance or travelling allowances; and
(iii) shall, upon being released from jury or witness service in the forenoon of any day, immediately telephone his Department for instructions respecting his return to work and shall, upon receiving such instructions, comply with the same.
Pregnancy/Parental Leave
24.03(a) Pregnancy and/or parental leave, without pay, shall be in accordance with Part XI of the Employment Standards Act, R.S.O., 1990, as amended.
24.03(b) Pregnancy and/or parental leave for an employee who does not qualify under Part XI of the said Act, shall be granted upon request and administered in accordance with the Act.
24.03(c) Any request for an extension of parental leave beyond that which an employee is entitled to in accordance with Article 24.03(a), or is granted in accordance with Article 24.03(b), shall be at the discretion of the Department Head concerned, and shall not involve any expense to the City, but shall result in no loss of seniority.
24.03(d) The City shall provide the coverage and pay its share of the premiums for the benefits set out in Article 16 (Extended Health) and shall pay its share of the pension contributions under Article 17 (Pensions) for any pregnancy and/or parental leave taken pursuant to Articles 24.03(a) or 24.03(b), unless the employee elects in writing that they do not wish benefit coverage.
24.03(e) Pregnancy and/or parental leave in accordance with Articles 24.03(a) or 24.03(b) shall not involve any expense to the City, except as provided in Articles 7.02(c) (Increments), 13.03 (Vacation), 24.03(d), 24.04 and 24.05 (Leave of Absence).
24.04(a) An employee who is eligible for pregnancy leave under Article 24.03(a) or an employee who requests and is granted pregnancy leave under Article 24.03(b), shall be entitled, provided she is in receipt of Employment Insurance benefits pursuant to Section 30 of the Employment Insurance Act, S.C. 1996, c. 23, as amended, to the following Supplemental Employment Benefits (SUB) payments while on pregnancy leave:
(i) For the first two (2) weeks of the pregnancy leave, the employee receives no payments from the City,
(ii) For the following fifteen (15) weeks of the pregnancy leave, the employee shall receive from the City payments equal to the difference between seventy-five percent (75%) of her regular rate and the sum of her weekly Employment Insurance benefits and any other earnings.
24.04(b) Employees are not entitled to Supplemental Employment Benefits (SUB) except for the purpose of the supplementation of their employment insurance benefits for the period of unemployment.
24.04(c) Payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under this provision.
24.05(a) An employee who is eligible for parental leave under Article 24.03(a) or who requests and is granted parental leave under 24.03(b) shall be entitled, provided the employee is in receipt of Employment Insurance benefits pursuant to the Employment Insurance Act, S.C., 1996, c. 23, as amended, to the following Supplemental Employment Benefits (SUB) payments while on parental leave:
For the first two (2) weeks of the parental leave, the employee receives no payments from the City (where applicable).
(ii) For the remainder of such parental leave, the employee shall receive from the City payments equal to the difference between seventy-five percent (75%) of the employee's regular rate and the sum of the employee's weekly Employment Insurance benefits and any other earnings.
24.05(b) Employees are not entitled to Supplemental Employment Benefits (SUB) except for the purpose of the supplementation of their unemployment insurance benefits for the period of unemployment.
24.05(c) Payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under this provision.
24.06 An employee who is granted an extension of parental leave in accordance with Article 24.03(c) shall be responsible for paying in advance by post-dated cheque(s) the full premiums for the insurance coverage referred to in Article 16 (Extended Health Care/Dental/Group Life and Long Term Disability Insurance) for any period of such extension. Such employee shall be advised of the cost of the applicable benefits if the employee wishes to continue such benefit coverage. Employee pension contributions during such extension shall be in accordance with the regulations of the applicable pension plan.
Leave for Canadian Citizenship
24.07 An employee who is required to be absent from work during his normal working hours for the purpose of obtaining his Canadian Citizenship shall, on two (2) occasions only, be granted one (1) day's leave of absence with pay on each such occasion.
Personal Leave of Absence
24.08 Subject to the approval of the Department Head, an employee may request and be granted leave of absence, without pay, of up to five (5) consecutive working days for personal reasons. Where approved, such absence shall not constitute a break in service so as to affect any benefits to which the employee is entitled other than pay. A request for such leave shall not be unreasonably denied.
Military Leave
24.09(a) Leave of absence shall be granted to employees to serve in the Armed Forces during hostilities or during a time of war as declared by the Government of Canada. Seniority will accumulate during such leave.
24.09(b) Leave of absence for Reserve training shall be in accordance with City policy as amended from time to time.
Participation in Elections
24.10 The City policy concerning Participation in Elections, dated June 8, 1999 as may be amended from time to time, shall be applicable to Union staff.
LETTER OF INTENT
PREPAID LEAVE PLAN
The City will meet with the Union during the first year of operation of the Collective Agreement to negotiate a Prepaid Leave Plan.
Article 25 - TRANSPORTATION
25.01 Whenever an employee is required and/or authorized to use his automobile on business of the City, the City shall pay to such employee an allowance of thirty-six cents (36¢) per kilometre actually travelled in the course of transacting the business of the City. No employee shall be required to transport other employees or, except for personal tools, city machinery or equipment.
25.02(a) Mileage allowance of thirty-six cents (36¢) per kilometre shall be paid to an employee authorized to use his automobile to travel to a temporary work assignment at a work location outside the City of Toronto boundaries. The allowance is for each kilometre travelled between the location of the temporary work assignment and the City boundary nearest to that location. The City boundaries are defined as Steeles Avenue on the north, Port Union Road on the east and Etobicoke Creek and Indian Line on the west.
25.03 Notwithstanding Article 25.02, the existing practice with respect to travel allowance for employees working at the Keele Valley and Pickering work locations as of the date of ratification shall continue, with the rate as determined in Article 25.02.
25.04 Whenever an employee is required to use the public transportation system in the course of his duties, such employee shall be provided with public transit tokens/tickets for that purpose.
Article 26 - TEMPORARY EMPLOYEE BENEFITS
26.01 All Temporary employees shall be entitled to all benefits accorded to Permanent employees upon the completion of six (6) months actually worked with the City.
Article 27 - SENIORITY AND SERVICE
Seniority
27.01(a) A seniority date shall be established for each employee upon successful completion of the probationary period as defined in Article 5, such date to be coincident with the date of commencement of said probationary period.
27.01(b) Notwithstanding the foregoing sub-clause, effective the date of this award, all employees shall have placed to their credit such seniority as they had accumulated in accordance with the terms of their predecessor Collective Agreements. Following the aforementioned effective date, employees shall continue to accrue seniority in accordance with the terms of this Collective Agreement.
27.02 Seniority shall apply on a bargaining unit-wide basis except as may be modified by Article 13.11 (Vacation Selection).
27.03 An employee shall lose all seniority, service and his employment shall be terminated if:
(i) he voluntarily terminates his employment subject to the right to rescind in Article 43;
(ii) he is discharged for reasonable cause and not reinstated;
(iii) he is absent without written notice and without a satisfactory reason to the City in excess of ten (10) calendar days from the commencement of absence;
(iv) he fails to report for work within ten (10) working days from the date he is recalled to work under clause 29.01(b);
(v) he is not recalled to work within twenty-four (24) months of the date of his layoff from work pursuant to clause 29.01(a).
27.04(a) The Union will be provided with the initial seniority list based upon the definition of seniority set out in clause 27.01 within six (6) months of the date of this award. Any dispute with respect to an employee's placement on the list may, following discussions between the Union and the City, be the subject of a grievance and submitted to arbitration if not resolved.
A copy of the seniority list and an additional copy of the list arranged alphabetically will be forwarded to the Union in January and July of each year.
Service
27.05 Effective the date of this award, all employees shall have placed to their credit such service as they had accumulated in accordance with the terms of their predecessor Collective Agreements. Following the aforementioned effective date, employees shall continue to accrue service in accordance with the terms of this Collective Agreement.
27.06 Subject to Clause 27.05 “service” shall be determined from the employee’s first date of hire. Service shall not include periods when the employee is on:
leave of absence, without pay, due to illness or injury in excess of twenty-six (26) consecutive biweekly pay periods for the purpose of Article 13 (Vacations) in accordance with sub-clause 13.13 and Article 16 (Extended Health) in accordance with sub-clause 16.01(c) (Pro-rating of benefits);
(i) approved leave of absence, without pay, except as otherwise provided in this Agreement;
(ii) any unauthorized leave of absence;
(iv) any period of layoff.
27.07 Notwithstanding the provisions of 27.06, any employee placed outside the bargaining unit through modified work program or accommodated for a disability will retain and continue to accumulate seniority in this bargaining unit.
27.08 In the event that an employee covered by this Agreement should be promoted to a position outside the bargaining unit and is still in the employ of the City, the employee shall have a maximum of ninety (90) calendar days to return to the unit without loss of seniority.
LETTER OF INTENT
SENIORITY AND SERVICE
This will confirm our agreement to change the method of calculating seniority from the present method to a service-based method as soon as reasonably possible.
For this purpose, the parties agree that the seniority dates for each employee shall continue to be calculated using the present method up until the day on which the method of calculation is converted to a service-based method. From that day forward, future seniority will be calculated using the service-based method and each employee’s seniority will be the seniority he had as of the change-over day plus the service-based seniority he acquires after the change-over date.
The definition of “seniority” in the Collective Agreement shall be amended to read:
“Seniority” shall be determined on the basis of the employee’s seniority date on record with the City and/or any predecessor municipality as of the change-over date and thereafter on the same basis as “service”.
Article 28 - EMPLOYMENT SECURITY AND RE-DEPLOYMENT
28.01 The parties agree to meet within ten (10) days following ratification of the Agreement for the purpose of developing a joint re-deployment program that will facilitate the placement of those permanent employees who are displaced by reason of:
( 1) the deletion or elimination of their position
( 2) technological change
( 3) contracting out
Issues to be addressed will include, but not be limited to:
developing a listing and monitoring vacant permanent and temporary positions
the identification of any training required by the employee concerned
28.02 The City shall endeavour to place in other positions any permanent employees who may be displaced by reason of:
(a) Technological improvements in the operation of the City;
(b) The contracting out of any work now performed by employees;
(c) The deletion or elimination of a position or job classification.
28.03(a) In the event of a displacement under Article 28.02 above, the Director of Employee and Labour Relations will notify the Union in writing forty-five (45) calendar days in advance of any deletion of a position with a permanent incumbent.
28.03(b) The City agrees to notify the Union in writing eighty (80) calendar days in advance of any additional contracting out of work, other than work that is presently contracted out.
28.03(c) The City will convene a meeting with the Union within five (5) working days of delivery of written notification to the Union of its intention to contract out or privatize the work. The City will make available to the Union an outline of the type of work in question, and the reasons for the contracting out. The City will also provide information with respect to the cost, and other pertinent information which would allow the Union to make a complete submission to the appropriate Department Head and to the appropriate Committee of Council. The Union shall make such submissions within forty-five (45) days of the delivery of the City’s information.
28.03(d) A meeting between the City and the Union shall also be convened within five (5) working days of the delivery of written notification where the displacement arises for reasons other than contracting out.
28.04 The Union and the City shall establish a joint committee to review a