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