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From the Company

Board Periods '08 
Pay Schedule '08 
2008 Calendar 

 

                                                      COLLECTIVE AGREEMENT

 

                                                                        between

 

                               THE CORPORATION OF THE CITY OF MISSISSAUGA

 

                                                                           and

 

                                           THE AMALGAMATED TRANSIT UNION

 

                                                                   LOCAL 1572

 

 

                                                          Effective October 1, 2005

 

 

                                                         Expiry September 30, 2008

 

 

 

 

The Corporation of the City of Mississauga, Transit Department (hereinafter referred to as the "Company")

and

 

The Amalgamated Transit Union, Local 1572 (hereinafter referred to as the "Union").

 

 

Article l ‑ Purpose of this Agreement

 

1.01     The Company and the Union each represent that the purpose and intent of this Agreement is to promote co‑operation and harmony, to recognize mutual interests, to provide a channel through which information and problems may be transmitted from one to the other, to formulate rules to govern the relationship between the Company and the Union, to promote efficiency and service and to set forth herein the basic agreements and understanding covering rates of pay, hours of work, grievance procedures and conditions of employment.

 

Article 2 ‑ Recognition

 

2.01     The Company recognizes the union as the sole collective bargaining agent for all line bus drivers, garage maintenance and service employees engaged in the operation, as referred to in the wage classifications contained in Article 23, save and except school bus operators, inspectors, dispatchers, supervisors, office and clerical staff (including parts clerks) and persons working less than twenty four (24) hours per week.

 

2.02     The word "employee" or "employees" wherever used in this Agreement shall mean any or all of the employees in the bargaining unit as defined in Section 2.01 above, unless the context otherwise provides.

 

2.03     Wherever the male pronoun is used, it shall be deemed to include the female pronoun and vice versa, and wherever the singular is used, it shall be deemed to include the plural and vice versa.

 

2.04     The Union agrees that it shall not hold meetings on the property or in Company vehicles             or during working hours without the express permission of the Director of Transit or          his/her designate.  The Company shall, on request from the Union, endeavour to provide   a private area for designated officials for the Union to interview employees with regard o           official grievances, or to conduct other official business of the Local.

 

2.05     The company shall not bargain with or enter into an agreement with an employee or group of employees in the Bargaining Unit.  No employee or group of employees in the Bargaining Unit shall undertake to represent the Union at meetings with the employer without  proper authorization of the Union.  In order that this may be carried out, the Union will supply the employer with the names of its officers or appointed representatives.  Likewise, the employer shall supply the Union with a list of its supervisory personnel with whom the Union transacts business.

 

 

 

Article 3 ‑ Management's Rights

 

3.01     The Union recognizes that the Company has the exclusive right:

(a)        To maintain order, discipline and efficiency;

 

(b)        To hire, classify, direct, assign, promote, demote, transfer, suspend and discharge employees and to increase and decrease working forces, provided that a claim of discrimination, improper transfer, discipline or suspension, or a claim by an employee that he has been discharged without cause, may become the subject of a grievance and shall be dealt with as hereinafter provided;

 

(c)        Generally to manage the Company and without restricting the generality of the foregoing, to determine the number and the location of establishments, the methods and processes to be used, schedules of work, kinds and locations of machines, tools and equipment to be used, selection, installation and requirements in the operation of any equipment or materials it decides to use or handle;

 

(d)        To make, alter and enforce rules and regulations to be observed by employees, not inconsistent with the terms of this Agreement.  The Company's rules and regulations, as issued to all employees, shall not be altered until such time as the Union is provided the opportunity to make representations with regard to the proposed alterations.  The alterations shall not be effective before such representations are submitted and answered within a thirty (30) working day period.

 

(e)        When unusual circumstances arise, after the normal maintenance shift commences, the Union recognizes that the Company may temporarily assign work to employees outside their regular classification, and the Company will ensure that the Union Representative on shift is advised of such arrangements.   Such reassignments will not occur for pre-planned absences except in the case of emergency circumstances.  Prior to the start of the wash fuel=s normal shift, the overtime list will be used if the Company determines additional staff are required.

 

Article 4 ‑ Union Security and Union Dues

 

4.01     (a)        All employees covered by this Agreement shall, as a condition of continued employment, maintain their Union membership.

 

(b)        All new employees covered by this Agreement shall, upon completion of the probationary period referred to in Article l2, become Union members and maintain their membership as a condition of continued employment.

 

4.02     The Company shall deduct from the pay of all employees covered by this Agreement, including probationary employees, on the first pay of each calendar month, a fixed sum of money authorized as the monthly Union dues, and shall remit same prior to the end of each month to the Secretary‑Treasurer of Local l572. 

            The Union initiation fees shall be deducted from a new employee's pay upon completion of three (3) months of employment.

 

 

4.02 (b)            The Company shall deduct for the pay of each employee special assessments as directed by the Union.  The Company shall be provided with true copies of any Union resolutions authorizing the establishment of such assessment and shall be advised in writing of the amount and duration of all deductions and/or assessments.

 

4.03     All present Union members, and all employees who hereafter become members of the Union, shall retain membership in the Union as a condition of their employment.  Every employee in the bargaining unit shall be a member in good standing of the Union, as a condition of employment.  The Union will contact the employer when the member or members are not in good standing because they have failed to pay union dues in accordance with Article 12.09.  No employee will lose his or her seniority under this clause until thirty (30) days written notice has been given by the Union to the Company and the employee concerned of the completion of the Union’s internal procedures dealing with members not in good standing.

 

The Company will remit by cheque to the Financial Secretary - Treasurer of the Local Union the total of the deductions made for the prior pay period.

In the even that an employee does not receive a pay cheque in the pay period in which Union dues are deducted, the outstanding dues shall be deducted as agreed by the Company and the Financial Secretary-Treasurer.

 

The Company will submit to the Financial Secretary-Treasurer of the Local a complete list of all bargaining unit employees, with the dues cheque, designating opposite of each name of each employee, the employee=s number, and the amount so deducted.

 

The Union will notify the Company when an employee has be exempted from paying their initial initiation fee.

 

The Company, no later than the beginning of March of each year, will supply to the Union a list of all bargaining unit employees showing their current name, employee=s number, address, phone number, social insurance number and the total amount of union dues deducted for the previous year.  The Company shall record on the T-4 slip of each employee, the actual amount of Union dues deducted during the previous year.

 

The Union agrees to save the Company harmless against any and all liability which may arise by reason of the check off by the Company of Union dues, initiation fees, fines and assessments from the employees’ wages in accordance with the Agreement.  

 

Article 5 ‑ Non‑Discrimination

 

5.01     The Company agrees that no employee shall in any manner be discriminated against, coerced, restrained or influenced on account of membership in the Union, or by virtue of holding office in the Union, or by reason of any lawful activity or lack of lawful activity the Union.

 

5.02     The Union agrees that neither its officers, members or persons employed directly or indirectly by the Union, shall discriminate or intimidate employees who are not members of the Union.

 

5.03     The Company and the Union agree that there shall be no discrimination, intimidation, interference, restriction, or coercion exercised or practice with respect to any employee concerning any of the provisions of the Collective Agreement or otherwise by reason of age, race, colour, creed, national origin, religion, political affiliation, or activity, sexual orientation, gender, marital status, place of residence, physical handicap, nor reason of his/her membership or activity in the Union, nor for any reason prohibited by the Human Rights Legislation.

 

Article 6 ‑ Adjustment of Grievances

 

6.01     Should any differences arise between the Company and an employee from the interpretation, application, administration or alleged violation of the provisions of this agreement, an earnest effort will be made by both parties to resolve such differences without undue delay.  The Company is willing to meet any employee with a Union representative, or a Union representative for the purpose of discussing grievances with the objective of reaching a satisfactory conclusion.

 

When an employee is required to attend a disciplinary meeting with their Management, he will be advised of this right to have Union representation.  Waiver forms shall be supplied by the Union to the Company and will be signed by the employee if they decline Union representation.  Such forms will be administered and maintained by the Company with a copy forwarded to the Financial Secretary-Treasurer of the Union.

 

6.02     (a)        It is understood and agreed that nothing in this Agreement shall prevent an employee from discussing a problem or complaint with his/her immediate Supervisor without recourse to the formal Grievance Procedure.

 

(b)        It is further understood and agreed that nothing in this Agreement shall prevent an employee and his/her Union Steward from discussing a problem or complaint with his/her immediate Supervisor without recourse to the formal Grievance Procedure.

 

6.03     It is mutually agreed that all grievances must be instituted within five (5) working days of the event giving rise to the complaint or the matter may be considered abandoned.

 

6.04     In the event of any misunderstanding or difference of opinion as to the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether or not a matter is arbitrable, or in the event a problem or complaint has not been satisfactorily resolved, it may be reduced to writing on an approved form provided for that purpose, properly signed and completed by the employee and presented to their respective Manager and/or his Designate and shall be processed in the following manner:

 

Step l:  Within five (5) working days of receipt of the official written grievance by the Company, the aggrieved employee, with a Union Steward and a management representative shall meet to discuss the grievance.  Following this meeting, within a further two (2) working days the management representative shall give his reply in writing, then if the matter is not settled:

 

 

 

Step 2: The aggrieved employee and a Union Steward and the Executive Board member shall, within a further two (2) working days of managements Step 1 reply,  meet with a management representative.  Following this meeting, within a further two (2) working days, the management representative, shall give his reply in writing.  If not satisfactorily adjusted, then:

 

 

Step 3: The Union Committee and the Director of Transit and/or his Designate, within five (5) working days of managements Step 2 reply, together with such other representatives as the Company may designate, shall meet to discuss the grievance.  At this meeting, an International District representative of the Union may be requested to attend.  The Director of Transit and/or his Designate, shall reply in writing, within five (5) working days of this meeting.

 

6.05     If a grievance is not settled to the satisfaction of either party to this Agreement by the procedure outlined above, then either party may within seven (7) working days, refer the grievance to arbitration in accordance with the provisions of Article 9.

 

6.06     Any reference to "Working Days" contained in this Article shall mean Monday to Friday inclusive, but shall not include statutory or designated holidays or employee days off.

 

6.07     Upon resolution of a grievance between the Company and the Union, the Company       shall, within fifteen (15) working days, implement the resolution.

 

Article 7 ‑ Discharge Grievances

 

7.01     If a permanent employee is discharged, the matter may be submitted in writing as a special grievance, dated and signed, at Step 3 of the Grievance Procedure.  Any such grievance must be submitted within three (3) working days after the employee is discharged.  An answer to the grievance shall be given within a further three (3) working days.  Thereafter, the arbitration procedure contained in article 6.05 and Article 9 shall apply.

 

Article 8 ‑ Policy Grievances

 

8.01     COMPANY GRIEVANCES:

 

If the company has a complaint with respect to the conduct of the Union, its officers, committeemen or stewards, or a complaint that the Union or any of its members have violated the provisions of this Agreement, the Company shall submit such complaints to the Union, and they shall be taken up between the parties as a policy grievance commencing at Step 3 of the Grievance Procedure within ten (l0) working days of the circumstances causing the grievance.  If not satisfactorily resolved, the grievance may be referred to arbitration within five (5) working days.

 

 

 

 

 

 

8.02     UNION GRIEVANCES:

 

If an alleged violation of this Agreement affects a whole Department or a majority of the employees, then the Union may submit a policy grievance commencing at Step 3 of the Grievance Procedure, within ten (l0) working days of the circumstances causing the grievance.  Such grievances shall contain the names of all affected employees.  It is understood that no matter may be grieved in this manner to circumvent the requirements of the Grievance Procedure.  If the matter is not satisfactorily resolved, the grievance may be referred to arbitration within five (5) working days.

 

Article 9 ‑ Arbitration

 

9.01     (a)        When either the Company or the Union requests that a grievance be submitted to arbitration, such request shall be in writing, addressed to the other party to this Agreement, and at the same time shall advise the name of their nominee to the Board of Arbitration.  Within seven (7) days, thereafter, the other party shall also advise in writing the name of their nominee to the Board of Arbitration.

 

(b)        The two (2) nominees selected, in accordance with the above, shall attempt to select, by agreement, a Chairman and if they are unable to do so in seven (7) days, they shall then request the Minister of Labour for the Province of Ontario to assist in selecting a Chairman.

 

(c)        Notwithstanding the provisions of 9.01 (a) and (b) above, either party may request a single arbitrator in accordance with the Ontario Labour Relations Act, Revised Statutes of Ontario l980, Chapter 228, Section 45.

 

9.02     It is understood and agreed that no person may be appointed or selected as an Arbitrator or Nominee who has been directly or indirectly involved in an attempt to settle the grievance.

 

9.03     No matter may be submitted to arbitration which has not been properly processed through the steps of the Grievance Procedure.

 

9.04     Each of the parties to this Agreement shall bear the expense of their appointed nominee and the parties shall jointly bear the expense of the Chairman of the Arbitration Board.

 

9.05     This Arbitrator or Arbitration Board selected in accordance with this Agreement, shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor shall they alter, modify or amend any part of the provisions contained in this Agreement or deal with any matter not contained herein.  The decision of the Arbitrator or a majority decision of the Arbitration Board shall be final and binding on all parties involved.

 

 

 

 

 

 

 

Article 10 ‑ No Strikes or Lockouts

 

10.01   In view of the orderly procedure established by this Agreement for the settling of disputes and the processing of grievances, the Union agrees that, during the life of this Agreement there will be no strike, slowdown or stoppage of work, either complete or partial, for any reason, and the Company agrees that there shall be no lockout for any reason.

 

10.02   The Company shall have the right to discipline employees who take part in or instigate any strike, stoppage of work or slowdown covered by Section l0.0l but a claim of unjust discharge or treatment may be the subject of a grievance and dealt with as provided in Article 6 of this Agreement.

10.03   The Union agrees that it shall not involve the Company in any dispute between itself and another employer or in any dispute between any other employer and the employees of such employer, or in any dispute between the Union and another bargaining agent.

 

10.04   Employees will not be required to cross a legal picket line.

 

Article ll ‑ Union Representation

 

11.01   The Union shall appoint or otherwise select a committee of up to six (6) employees to represent the Union in meetings with the company concerning the negotiation or administration of the Agreement.  In addition, the Company shall recognize the International Representative of the Union if in attendance at the meeting.

 

11.02   The Union shall appoint or otherwise select a total of eight (8) Stewards to be recognized by the Company at any one (1) time.  For any new satellite or garage the Union shall appoint or otherwise select one (1) steward to be recognized by the Company at any one (1) time.

 

11.03   The Union shall advise the Company of the names of all Union Executive Members, Officers and Stewards and the Company shall not be required to recognize same until properly informed, in writing.

 

11.04   Nothing in this Article shall be interpreted so as to prevent an employee who is a Steward from acting on the Union Committee.  It is, however, understood that an employee shall not be eligible to act as a member of the Union Committee, or as a Steward until completion of the probationary period referred to in Article l2.

 

11.05   (a)        The Union acknowledges that Stewards, members of the Union Committee and such other Union Officers that may be chosen from among the employees covered by this Agreement, have regular duties to perform as employees of the Company, and that such persons shall not leave their regular duties for the purpose of conducting any business on behalf of the Union without first obtaining the permission of their immediate Supervisor.  Such permission shall not be unreasonably withheld.  On assuming their regular duties, such employees shall report to their Supervisor and shall, if requested give any reasonable explanation for time spent away from work.

 

 

 

(b)        In consideration of Stewards, members of the Union Committee and other Union Officers who are employees, complying with the terms of (a) above, the Company shall pay such employees for normal time spent in handling grievances of employees or attending other meetings with representatives of the Company during their regular hours of work.

 

(c)        The Company shall provide the employee and the Union with a copy of all disciplinary notations which are to be a part of an employee's file.

 

(d)        The Company agrees that there shall be one main personnel file for each employee.

 

(e)        Employees may file a written request to view their personnel file in the presence of an authorized Company representative.  Such request will be granted within 5 (five) working days.  A Union representative may attend at the request of the employee.

 

(f)         No disciplinary measure in the form of a notice of discipline, suspension, or discharge, or in any other form shall be imposed on any employee without sufficient, just and reasonable cause.  Discharge shall be handled in accordance with Article 7.01.

 

(g)                The Company, in the normal handling of discipline cases is not entitled to consider the discipline record of an employee beyond the previous twenty-four (24) months.

 

(h)                During the term of this Collective Agreement, the Company will consider each suspension case to determine whether it is appropriate to:

                        i)   suspend with pay

                        ii)  suspend without pay

                        iii) reassign duties

 

            (i)         Generally, discipline that is imposed shall be progressive in nature, save and                               except, discipline imposed as a result of a vehicle collision.

 

11.06   Any employee accepting a full‑time appointment or elected position in the Amalgamated Transit Union, or any subordinate body thereof, shall be granted a leave of absence for the duration of such elected or appointed position.  Such employee shall have his/her name retained on the seniority list, without loss of seniority.  Under such circumstances an employee may continue coverage for the OMERS pension plan and the optional benefits coverages by contributing l00% of the required premiums.  All benefits contained in the collective agreement may be purchased from the City at cost.  On retirement from such office, the employee shall be given his/her former position with the Company, including seniority, provided such employee is qualified following completion of the normal retraining period required, to fill the former position.

 

 

 

 

 

Article l2 ‑ Seniority

 

12.01   (a)        Seniority will prevail at all times in governing lay‑offs, recalls, work sign‑ups and vacation entitlement.

 

(b)        In the event of a reduction of the work force, covered by this Agreement, the Company shall apply the principle of "last on, first off" insofar as it is consistent

            with the Company's obligation to maintain an efficient and experienced work force.  Following a lay‑off, rehiring shall be executed conversely to the outlined lay‑off procedure.

 

(c)        The Company shall endeavour, where possible, to give the Union a minimum of thirty (30) days notice of any permanent or temporary lay‑off of five (5) or more regular employees.

 

(d)        When employees voluntarily change classifications or departments within the bargaining unit, they shall retain all continuous seniority earned in all departments for the purpose of layoff, pension, and vacation entitlement.  Departments are defined as Maintenance and Operations. 

 

            An employee who voluntarily changes their classification will be considered a new employee for wage rates only and will follow the normal progression to the job rate.  If an employee does not meet the requirements for the new classification hired into, or should an employee wish to return to their previous classification during the first 40‑day calendar period, the employee will be returned to his previous classification and will maintain his accumulated seniority in his returning classification.

 

12.02   The Company shall prepare a seniority list on which the name and employment date of all employees covered by this Agreement shall be recorded.  The Company shall post a copy of the list to Bulletin Boards in January of each year.  Revisions and/or amendments to the seniority list shall be posted and forwarded to the Union prior to each sign‑up.

 

12.03   In all cases of promotions within a Department (other than appointments to supervisory positions), demotions, lay‑offs and assignments to senior shifts, preference shall be given to the employee with the greatest seniority, provided the employees concerned are, in the opinion of the Company, relatively equal in merit, skill, reliability and efficiency.

 

12.04   An employee shall be considered probationary for the first nine (9) months of active employment, during which time he may be released from the Company's service without recourse.  After nine (9) months, if an employee is retained in the employ of the Company, he shall be placed on the seniority list and his seniority shall date back to the date his employment began.  A probationary employee shall have the right to bid on an Operation crew or Maintenance shift at the time of sign‑up in accordance with his/her length of service with the Company. 

 

 

 

 

 

If a probationary employee is absent from work for any reason during their nine (9) month probationary period, or if the employee is unable to perform their full regular duties, the probationary employee=s probationary employment will be extended by a period equal to the number of absent days and/or the number of days when the employee did not perform their full regular duties.

 

12.05   An employee's seniority and employment shall be terminated for any of the following reasons:

 

(a)        If the employee voluntarily quits;

 

(b)        If the employee is discharged and not reinstated pursuant to the grievance procedure or arbitration provisions of this Agreement;

 

(c)        If the employee has been laid off and fails to return to work in accordance with the following procedure.  If the employee is not working elsewhere and is contacted personally, he/she must return to work within twenty‑four (24) hours.  If the employee is working elsewhere or cannot be contacted personally, he/she must return to work within seven (7) days of the receipt of registered notice to return.

 

Note:  It shall be the responsibility of the employee to keep the Company advised at all times of his/her current telephone number and address of which shall be processed in accordance with article 4.03.

 

(d)        If an employee overstays a leave of absence granted by the Company without securing an extension in writing of such leave of absence, or if he/she takes employment other than that declared and agreed upon when applying for leave of absence;

 

(e)        If an employee is laid off and not recalled to work for a period extending beyond twelve (12) consecutive months.

 

(f)         If an employee is absent in excess of twenty‑six (26) weeks due to an illness or non‑occupational injury and the employee is unable to meet the eligibility requirements of the Long Term Disability (LTD) Plan referred to in Article 22 of this Agreement.

 

12.06   The Company shall post a notice of all vacancies in each department, for a minimum of five (5) working days, to allow employees opportunity to make application for such positions.  It is understood and agreed that the final right or decision, as to the appointment of any employee to a posted position, is the sole and exclusive responsibility of the Company.

 

12.07   When an employee is transferred to a position within the City, which is outside of the

            bargaining unit, with the exception of the modified work plan, he/she shall retain their     

            seniority within the bargaining unit for a period of up to nine (9) months.  During the       

            nine (9) month period the employee shall pay union dues and assessments.

 

 

 

            The employee shall have the right to return to their former position in the bargaining unit

            at any time during the nine (9) month period.  Thereafter, the employee may return to the           

            bargaining unit without seniority provided there is a vacancy in the classification the

            employee is returning to.

 

12.08   Once seniority has been established, the company recognizes that the union has sole discretion with respect to administering the provisions of Article 12.

 

12.09   Employees on LTD, W.I., or an unpaid LOA must pay union dues.  Refusal to pay union dues will jeopardize the employees= seniority entitlement.

 

Article l3 ‑ Safety and Health

 

13.01   There shall be two safety committees:  one (1) committee for the Malton garage, and one (1) committee for the Central Parkway garage and all other transit facilities.  The committees shall be composed of three (3) nominees from the Company and three (3) from the Union who shall meet periodically to investigate and discuss matters related to the safety and health of all employees.  Such meetings shall be as required, but not less often than once a month.  Any results from these meetings shall be forwarded to the Union and the Company.

 

(a)        The Company will respond to all recommendations put forward by the Joint Health and Safety Committee as set forth in Article 13, no later than 30 days from the date that the Minutes have been received.

 

(b)        The Company acknowledges that employees are responsible for the safe operation of Company vehicles and equipment and it is expected that all employees comply with all legislation including the Highway Traffic Act.

 

13.02   (a)        All employees covered by this Agreement are required to comply with Provincial Government requirements for medical examinations regarding licencing.  The cost of such medical examinations will be borne by the employee who will also be responsible for arranging the appointment.  Any loss of earnings as a result of attending and arranging these exams must be borne by the employee.  Employees who, as a condition of continued employment, require a medical examination for the renewal of a required driver=s licence will be provided with an allowance of one hundred dollars ($100) in the year that such a renewal is required. 

 

                        Such allowance will be paid either by June 30th or December 31st whichever date occurs after their licence has been renewed.

 

(b)        Any employee covered by this Agreement who in the opinion of the Company has attendance or work performance problems which may be the result of a medical condition, may be required to undergo a complete medical examination as a condition of continued employment in order to determine their fitness to carry out assigned duties.  The cost of such examinations shall be borne by the Company and the employees shall not suffer any loss of regular earnings for the day while attending medical appointments.  The Company shall arrange such medical appointments on the employee's regular working day.

 

(c)        Where an employee, in complying  with the above provisions, is found unfit to carry out his/her duties, such employee may request re‑examination by a qualified medical doctor of his/her choice.  The cost of re‑examination shall be borne by the employee.

 

(d)        If a difference of opinion occurs as to the employee's condition, the employee shall be referred to a medical specialist for further examination.  The medical specialist will be mutually agreed upon by the Company's and the employee's medical doctor.  The decision of the medical specialist shall be final and binding on all parties involved.

 

(e)        The cost of the medical specialist referred to above shall be paid by the Company.

 

(f)         The medical appointment [13.02(b)] will be set up by the Company within ten (10) days after the initial discussions with the employee.

 

If the employee is found to be unfit for duty, the employee should apply for W.I.

Should the employee dispute the medical findings and wishes to proceed with 13.02 c & d), the appointments  and findings should be completed within twenty (20) days after the initial medical examination.

 

If the issue is not resolved within the time frame, the Company will make up the difference in wages between W.I. and the employee's regular earnings until the issue is resolved.

 

The difference of wages will be paid from the initial medical appointment, however, should the employee be found unfit by the specialist, the money paid out by the Company will be recovered from the employee.

 

(g)                If the Company invokes Article 13.02 (b) through 13.02(f) for any employee, the

employee shall not suffer any loss of regular pay. If the employee qualifies for

W.I., the employee shall reimburse the company from the first day of

qualification of W.I.

 

(h)                If the employee is found fit by the Medical Specialist (d) the employee will be

            reimbursed for the medical re-examination cost (c ) in accordance with 22.01 (f).

 

13.03   In the case of employees sustaining injury at work or becoming affected by an occupational disease during the course of their employment, which results in the employee losing time, the Safety Officer and the Safety committee shall be notified for the purpose of investigating the cause of the injury and to recommend corrective measures.

 

13.04   In accordance with the ONTARIO HEALTH AND SAFETY ACT, the revised Statutes of Ontario, l980, Chapter 32l, as amended, the Company agrees to ensure that all industrial equipment shall be maintained in a safe operating condition.

 

 

 

 

13.04   (a)        Upon receipt of appropriate medical documentation, to be reviewed by the City=s Medical Consultant, the Company agrees to supply one (1) pair of anti-vibration gloves annually to employees classified as Mechanic, Bodyman or Mechanic Helper

 

13.05   The Company shall indemnify and defend its employees for liability arising out of acts or omissions done or made by them in their capacity as an employee.  The only exception to this coverage is conduct which is criminal or malicious in nature and results in a conviction.

 

Article l4 ‑ Uniforms, Work Clothing, Tool & Cleaning Allowance

 

14.01   (a)        Regular Operators shall be issued a basic Transit uniform every twelve (12) months

                        on or before their anniversary date.

 

            (b)        Newly hired Operators shall be issued a full operator uniform consisting of 2 pairs of      pants, 5 shirts, 1 sweater, 1 windbreaker, (2) ties (optional, year round), and one (1) 5    in 1 parka.

 

14.02   (a)        The basic operator uniform shall consist of:

 

2 Pairs of pants (choice of cotton or polyester)

3 Shirts (choice of long sleeve or short sleeve)

 

Note: Female Operators will have a choice of skirts or pants

 

Following the first full year of employment, and on every anniversary date, each Operator will be allotted 100 points in addition to the above basic uniform items. Operators will be able to acquire additional quantities or

items of uniform through the points system.   

 

The following is the list of additional uniform items available and eligible to be acquired through the points system. Operators may also purchase additional items at cost.

 

Additional Items:

  Golf Shirt              Baseball Cap               

  5 in 1 Parka                      Winter Toque              

  Parka lining                       Sweater (vest or cardigan)       

                                      Windbreaker              Tie (choice of clip-on or regular)

                    Shorts                 

 

(b)              The Company will provide a Dry Cleaning Allowance of three hundred and

                  sixty dollars ($360) per year for Operations Department employees. The allowance will be calculated on the basis of active employment i.e. for every month of inactive employment the allowance will be reduced by l/l2th.  Payment will be made on or before October 31st, of each succeeding year.

 

 

 

 

 

                  Effective October 1, 2006 the allowance will be increased to three hundred            

                  and seventy dollars ($370) and effective October 1, 2007, the allowance will

                  be increased to three hundred and eighty dollars ($380).

 

14.03   All last issued uniform clothing and accessories supplied at the Company expense shall remain Company property and shall be recoverable on demand.  Should a Driver leave the employment of the Company, all uniform items and accessories (i.e. badge, punch, etc.) must be returned dry cleaned to the Company prior to issuance of the employee's final pay cheque.

 

14.04   In the event that any item of clothing or any accessory should become unserviceable or unsatisfactory in appearance due to negligence or abuse on the part of the employee to whom it was issued, the Company shall provide replacement therefor at such employee's expense.

 

14.05   Replacement or additional articles of clothing may be purchased from the Company at cost.

 

14.06   (a)        Maintenance employees and servicemen shall be supplied up to five (5) clean changes of coveralls per week.  Such coveralls are the property of the Company and shall only be worn during working hours.  When new coveralls are provided they will not be distributed to employees during the months of May, June, July and August.

 

(b)        Regular maintenance employees shall be issued a basic maintenance uniform each

            year on or before July 1st.

(c)        Newly hired maintenance employees shall be issued 5 long or short sleeved

            T-shirts, 2 pairs of work pants and one (1) 5 in 1 parka.

 

(d)        The basic maintenance uniform shall consist of:

           

                  2 pairs of work pants

                  3 T-Shirts (long or short sleeve)

                  1 5 in 1 Parka

 

Following the first full year of employment and each year on or before July 1st, each maintenance employee will be allotted 100 points in addition to the above basic uniform items. Maintenance employees will be able to acquire additional quantities or items of uniform through the points system.  The following is the list of additional uniform items available and eligible to be acquired through the points system. Maintenance employees may also purchase additional items at cost.

 

Additional Items:

T- Shirt (long or short sleeve)                      Winter Toque

Sweatshirt                                                  Windbreaker

Parka lining                                     Baseball Cap  

 

 

     

(e)        Once every three years, one pair of insulated coveralls or vest and one winter hat will be provided to employees in the Mechanic and Building & Route classifications.

 

(f)         Once every three (3) years, one pair of winter weight lined trousers or vest will be provided to employees in the General Service Person classification.

 

            (g)        Upon completion of the probationary period and on July 1, 2006 the    

                        Company will provide, per annum, an annual safety boot allowance of one hundred and ten ($110) dollars towards the purchase of one pair of green patch safety boots/shoes, CSA approved.  This allowance will be increased to one hundred and twenty ($120) dollars effective July 1, 2007, and one hundred and thirty ($130) dollars effective July 1, 2008.

 

14.07   (a)        All last issued work clothing and accessories supplied at the Company's expense shall remain Company property and shall be recoverable on demand.  Should a maintenance employee leave the Company, all last issued clothing items and accessories must be returned to the Company prior to issuance of the employee's final pay cheques.

 

(b)        In the event that any item of clothing or accessory should become unserviceable or unsatisfactory in appearance due to negligence or abuse on the part of the employee to whom it was issued, the Company shall provide a replacement item at such employee's expense.

 

(c)        Replacement or additional articles of work clothing may be purchased from the Company at cost.

 

14.08   Where necessary, maintenance and servicemen shall be provided with safety rubber boots, rain hats, coats, gloves and parkas.  Such clothing is the property of the Company and shall, with exception of parkas, only be worn at work and shall not be removed from the premises.

 

14.09   The Company will provide a tool allowance of six hundred and fifty ($650) dollars, per annum, to all Mechanics and apprentices.  This allowance will be increased to seven hundred ($700) dollars effective April 1, 2006, to seven hundred and fifty ($750) dollars effective April 1, 2007, and to eight hundred ($800) dollars effective April 1, 2008.

 

To qualify for this allowance, each employee must provide, to management, a receipt of proof of purchase of appropriate tools.  Payment will be made by separate cheque.

 

14.10   The Company shall supply all tools, deemed necessary by the Company, to be used by Building & Route Servicemen.

 

14.11   Employees who require Province of Ontario certification in the various motor vehicle     

repair fields will be reimbursed by the Employer fifty percent (50%) for each

certification renewal fee for each of the two required Mechanic certificates, and the required Bodymen certificate, upon the employee presenting evidence of payment to the Province of Ontario per three (3) year period.

 

 

Article l5 ‑ Leave of Absence

 

15.01   The Company may grant leave of absence to employees without pay and without loss of seniority providing:

 

(i)         All the requests for leave of absence are submitted in writing seven (7) working days prior to the date such leave is to commence;

 

(ii)        Where the request is for personal reasons, the leave is in the Company's opinion, for good and legitimate reasons and does not interfere with the efficiency of operations.

 

(iii)       The requested leave does not exceed thirty (30) calendar days in any one (l) calendar year.

 

15.02   All approved leaves of absence shall be in writing.  The Company may give special consideration to the provisions of Section l5.01 if, in its opinion, an emergency situation exists.

 

15.03   An employee granted a leave of absence in accordance with the provisions of this Article, shall not engage in any other employment during such leave unless authorized to do so in writing by the Company and the Union.

 

15.04   The Company shall grant leave of absence to employees, with normal pay and without loss of seniority to attend functions of the Union, providing:

 

(i)    that the requested leave does not exceed ten (l0) days;

 

(ii)    that not more than six (6) employees shall request such leave at any one (l) time;

 

(iii)  that the leave is requested, in writing, at least one (l) week in advance of the

        date it is to commence;

 

(iv)   that the approval of the Director of Transit or his Designate has been granted         

        in writing;

 

(v)       that the total leave of absence granted in accordance with this Section shall

        not exceed a maximum of thirty (30) days leave per contract year.

 

15.05   A pregnancy/parental leave of absence shall be granted in accordance with the Employment Standards Act and regulations thereunder.  The Company will pay l00% of its normal contribution for health and life benefits during approved maternity leave.

 

15.06   The Company may grant an employee leave of absence, not to exceed twenty-four (24) months, if such employee's driver's licence is suspended.  During the leave of absence the employee may apply for consideration to posted vacancies. The provisions of this clause may be exercised by an employee on one (1) occasion only.

 

 

Article l6 ‑ Bereavement Leave

 

16.01   (a)        An employee shall be allowed a maximum of three (3) working days' leave with pay, to make arrangements for and to attend the funeral, in the event of the death of his/her:

 

Mother, Father, Spouse, Child, Sister,

Brother, Mother‑in‑Law, Father‑in‑Law, Foster