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 Parent
(b) An employee shall be allowed a one (l)
working day leave with pay, to attend the funeral, in the event of the death of
his/her:
Daughter‑in‑law,
Grandchild, Grandparent
Sister‑in‑law,
Son‑in‑law, Brother‑in‑law
(c) The Company shall allow an employee one
(l) concurrent additional working day's leave of absence, with pay, to attend
the funeral of his/her immediate family, where such funeral is outside the
Province of Ontario or three hundred (300) kilometers from Mississauga Ontario.
If during the term
of this Collective Agreement, the Corporation amends the bereavement policy for
any City employee, save and except Fire,
the policy in its entirety, will replace current article 16.01 if such
amendments are desired by the Union.
16.02 The Company may require proof of death under
the provisions of this Article.
16.03 In complying with the provisions of this
Article, the Company shall pay the employee, granted such leave, for normal working hours lost only. An employee may, by written request,
be granted additional leave without pay.
16.04 Where an employee is on vacation and would,
but for being on vacation, be entitled to bereavement leave, the employee will
be granted the applicable bereavement leave period which will be added to and
commence immediately upon conclusion of the employee=s vacation.
16.05 Subject to exigencies of services, the
Company shall grant two (2) union officers time off their regular shift to
attend the funeral service of a Local 1572 fellow employee or retiree of Local
1572. Such time off shall be without
loss or regular pay.
Article l7 ‑ Jury Duty
17.01 (a) If
an employee is called for jury duty, or summoned as a witness to attend in any
court or other legal proceeding except an arbitration hearing held under the
terms of this Collective Agreement, the parties agree that the hours spent in
the Court or other adjudicative body will be treated as hours worked and that
the Company will rearrange, where necessary, the employee's hours of work for
the day of leave in order to ensure that an employee has a proper period of
rest before or after the appearance.
If an adjustment is
required, the employee's shift will be deemed to commence at the time the
employee is due in court as verified by the court summons or other document and
the shift will be deemed to end 8 hours thereafter.
(b) Where an employee is required to be in
court for at least five hours in any day, this will be considered a full day of
work and he will be entitled to 8 hours pay.
If any employee attends court for less than 5 hours he will be required
to report back to work for an additional period of time to complete the 8 hour
day.
(c) Travel time to the transit terminal as
may reasonably be required will be included in the calculation of the 8 hour
day, and without limiting the generality of the foregoing, the following times
will be provided:
(i) 30 minutes from Provincial Court (Civil or Criminal) at 424 Hensall Circle, Mississauga;
(ii) 45 minutes from the District Court, 7755
Hurontario Street, Brampton OR from Provincial Court (Criminal Division), 141
Clarence Street, Brampton;
(d) Where the combination of time worked,
time spent in court and travel time exceeds the total of 8 hours in any day,
the amount of time beyond 8 hours will be paid at the appropriate overtime
rate.
(e) Transit staff are required to instruct
all employees who attend court to obtain a certificate from the clerk of the
court or the lawyer who caused the summons to be issued, which will verify the
exact times of their court attendance.
(f) No compensation will be payable to any
employee who is required to attend court on his off day.
(g) In consideration of the payments being
made above, each employee will also be required to refund to transit, any
payment he received from the court, excluding any allowance for meals or
travelling expenses.
Article l8 ‑ Statutory and
Designated Holidays
18.01 The following days shall be recognized as
Statutory or Designated Holidays for the purposes of this Agreement:
New
Year's Day Labour Day
Good Friday
Thanksgiving
Day Victoria
Day Christmas
Day
Canada Day
Boxing
Day Civic
Holiday
18.02 (a) If
the appropriate governmental authority provides an additional paid Statutory
Holiday, during the term of this agreement, the Statutory and Designated
Holidays section of Article l8 shall be amended to provide such holiday.
(b) In addition to the above, the Company
shall provide, in each calendar year, 2 floating paid holidays provided the
employee has completed the probation period referred to in Article l2, Section
l2.04. Each employee shall request the
day, to be observed as the floating holiday, thirty (30) days in advance of the
day to be taken. All Floaters must be
taken by January 31st of the year following the year in which they (the
Floaters) are earned or the employee will forfeit the day(s).
18.03 Employees covered by this Agreement, subject
to the conditions below, shall be entitled to eight (8) hours regular pay,
excluding all premium rates, for any of the above holidays:
(a) Provided the employee was not at work
due to absence recognized by the WSIB; an official State of Emergency declared
by the City of Mississauga; a Bereavement Leave as defined in Article 16.01; on
a single day approved unpaid leave of absence on the day before or after the
statutory holiday; reporting late for work up to one hour, or provides medical
documentation which clearly states the medical restrictions that prevented the
employee from attending work.
18.04 The Company, the Union
and the employee recognize that service to the public is essential and,
therefore, agree it shall be necessary that sufficient qualified employees work
on the holidays, referred to herein, to permit satisfactory operations.
18.05 A special sign-up shall be posted two (2)
weeks in advance of the holiday to be observed, to determine the employees working on the Statutory or
Designated holiday. If sufficient
employees do not sign to cover the
work available, employees with the least seniority
shall be assigned to complete the
required crews.
18.06 An employee required to work on any of the
Statutory or Designated holidays specified above shall be paid at time and one‑half
(l‑l/2) his/her regular hourly rate for all hours worked.
18.07 If any of the Holidays referred to in this
Article are renamed they shall be recognized under the terms of this Agreement,
but under no circumstances shall the total number of paid holidays exceed
twelve (l2) during each year of this Agreement.
18.08 Any of the Statutory or Designated Holidays
that fall on an employee=s
day off, but for a vacation day, will be recorded by the Company as an unpaid
lieu day under the employee=s
name.
Article l9 ‑ Vacation with Pay
19.01 An employee covered by this Agreement shall
be entitled to an annual vacation with pay, calculated on the previous calendar
year's gross earnings, and based on their employment anniversary date, as
follows:
(a) An employee who has completed more than
one (l) year of service based on his anniversary date shall be entitled to two
(2) weeks vacation and shall receive vacation pay on the basis of four per cent
(4%) of the previous year's gross earnings.
(b) An employee who has completed two (2)
years of service based on his anniversary date, shall be entitled to three (3)
weeks vacation entitlement and shall receive vacation pay on the basis of six
per cent (6%) of the previous calendar year's gross earnings.
(c) An employee who has completed ten (10)
years of service based on his anniversary date, shall be entitled to four (4)
weeks vacation entitlement and shall receive vacation pay on the basis of eight
per cent (8%) of the previous calendar year's gross earnings.
Effective
for the January, 2004 vacation year, four (4) weeks of vacation will be granted
after nine (9) years of service.
(d) An employee who has completed seventeen
(l7) years of service based on his anniversary date shall be entitled to five
(5) weeks vacation and shall receive vacation pay on the basis of ten per cent
(l0%) of the previous calendar year's gross earnings.
Effective
for the January, 2004 vacation year, five (5) weeks of vacation will be granted
after sixteen (16) years of service.
(e) An employee who has completed twenty‑five
(25) years of service based on his anniversary date, shall be entitled to six
(6) weeks vacation entitlement and shall receive vacation pay on the basis of
twelve per cent (l2%) of the previous calendar
year's gross earnings.
Effective
for the January 2004 vacation year, six (6) weeks of vacation will be granted
after twenty-four (24) years of service.
(f) New employees who have not completed
one year of service, but who will be entitled to vacation during the calendar
year, may have to select a vacation period prior to their Anniversary date.
19.02 Upon completion of three (3) years service
with the Company, an employee shall be permitted to request once in every four
(4) year period, a carryover of vacation entitlement subject to the following
conditions:
(a) The request must be in writing and
presented to the Department Director.
The request must be made at the time of the Vacation Sign‑up in
the year prior to the Vacation Sign‑up for the year in which the
accumulation is desired.
(b) The employee may carry forward any
portion of a year's vacation entitlement subject to the Company's approval.
(c) The request must be approved by the
Department Manager in both Vacation Sign‑up periods referred to in Part
(a).
(d) The number of employees on vacation at
one time will not exceed the normal vacation quota for the period.
(e) No carry over of vacation pay will be
permitted under this provision.
19.03 The Company, the Union
and the employees recognize that service to the public is essential and,
therefore, it is necessary that the Company determine the number of employees
off on vacation at any one (l) time.
19.04 The Company shall post separate vacation sign‑up
schedules in the Operations and Garage Departments on or before October lst of
each year to determine the allotment of vacation entitlement. The sign‑up procedure shall be as
follows:
(a) The sign‑up requesting a specific
vacation period, in accordance with the employee's entitlement, shall commence
on November lst of each year;
(b) In recognition of seniority, employees
shall be allotted a date and time to sign his/her vacation preference.
(c) Where an employee fails to sign on or
before the allotted time, such employee's name shall be by‑passed and the
allotment of vacation entitlement shall be made from dates remaining at the
time the employee reports for sign‑up;
(d) Employees shall be required to sign‑up
for a minimum of one (l) week's vacation entitlement at any one (l) time. When an employee's entitlement is less than
one week, such employee shall be
required to take his/her full entitlement.
(e) Effective with the vacation sign-up, a
separate vacation sign-up will be held for Rebuild Shop employees in the Maintenance
Division.
19.05 Where a paid holiday as outlined in Article
18.01 above falls during an employee's vacation, the employee may request an
extra day of vacation with pay, in lieu of the paid holiday. Such day must be requested in writing on an
approved form provided by the Company prior to the employee's vacations and
will be subject to approval of the Department Manager.
19.06 The Company shall continue to issue vacation
pay benefits, on request, and separate deduction summaries, in accordance with
the present system. Vacation pays will
not be issued prior to pay number two (2) of each year other than those
employees who actually will be taking their scheduled vacation.
19.07 In the event of termination of employment,
for any reason whatsoever, the terminating employee shall receive his/her full
vacation pay credits accrued since the last day upon which vacation pay was
calculated.
19.08 An employee who is off work and receiving
Workers' Compensation due to an injury suffered while in the employ of the
Company, or who is absent due to a certified illness, in excess of ten (l0)
working days, at one (l) time, shall have such time off counted as time worked
for the purpose of computing vacation pay at the applicable rate for the next
vacation period only. In order to
qualify for this provision, an employee must work a minimum of one hundred and
twenty (120) days during the vacation calculation period.
Article 20 ‑ Hours of Work
20.01 Except when an Act of God prevents the normal
operation of the Company, an employee who reports for work on his normal shift
shall be guaranteed eight (8) hours pay at his appropriate hourly rate. Employees who report for work late or who
take time off for any reason, shall not be entitled to the guarantee.
20.02 (a) The
normal hours of work for all employees covered by this Agreement shall be eight
(8) hours in any one (l) day and forty (40) hours in any one (l) week.
(b) Employees required to work in excess of
eight (8) hours in any one (l) day, or forty (40) hours in any one (l) week,
shall be paid at the rate of time and one‑half (l‑l/2) their
regular hourly rate for all hours worked in excess of eight (8) in any one (l)
day, or forty (40) in any one (l) week.
(c) Work performed on an employee's assigned
day of rest shall be paid at the rate of time and one‑half (l‑l/2)
the employee's regular hourly rate, provided;
such employee works his/her regularly scheduled work week. Work on the employee's 0day of rest shall be
on a voluntary basis, provided that sufficient experienced employees are
available to perform the required work.
Where sufficient experienced employees are not available, experienced
employees with the least seniority shall be assigned the work.
(d) Maintenance Department employees shall
be entitled to one (l) paid fifteen (l5) minute break period for each half of
an eight hour shift and one (l) ten (l0) minute personal wash up period to be
observed before the completion of the shift.
20.03 (a) During
any week in which a Statutory or Designated Holiday occurs, as contained in
Article l8, Section l8.01, the weekly limit as defined above shall be reduced
to thirty‑two (32) hours. In the
case of two (2) Statutory Holidays occurring in any one (l) week, the weekly
limit shall be reduced to twenty four (24) hours.
(b) Time worked on a Statutory or Designated
Holiday, for which the employee is paid time and one‑half (l‑l/2)
shall not be counted for the purpose of calculating weekly overtime.
20.04 (a) Employees
required to work on a Sunday shall be paid the following premium rates per hour
in addition to their regular hourly rate.
Effective April 1,
2003, the Sunday Premium Rates will be increased to half time
rates. The Sunday Premium Rates follows:
Classification Effective Effective Effective
Oct.
1st Apr 1st Oct 1st
2005 2006 2007
General
Service $10.00 $10.43 $10.85
Subway
Cashier $10.13 $10.56 $10.98
Building
& Route $10.49 $10.93 $11.36
Mechanic=s Helper $10.49 $10.93 $11.36
Mechanic/Bodyman $14.76 $15.21 $15.66
Operator $12.31 $12.81 $13.32
Newly
Hired Operator
@
60% $7.39 $7.69 $7.99
@
80% $9.85 $10.25 $10.65
@ 90% $11.08 $11.53 $11.99
20.04 (b)
Employees required to work in excess of eight (8) hours on a Sunday
shall be
paid at the rate of time and one‑half
(l‑l/2) their regular hourly rate.
20.05 Employees called back to work after the
regular designated punch out time shall be guaranteed a minimum of two (2)
hours pay at the rate of time and one‑half (l‑l/2) their regular
hourly rate.
20.06 (a) It
is understood and agreed that overtime work shall, insofar as it is practical,
be
allocated daily and
weekly on an equal opportunity basis.
(b) Employees shall not be required to lay‑off
during regular assigned hours in order
to absorb overtime. A minimum of eight (8) hours will be paid to
employees
when asked to cover a complete
assigned shift.
(c) An employee shall not be required or
volunteer to work an additional shift until
such time as he/she has a rest‑break
of at least eight (8) hours following the
completion of his/her last
assignment, with the exception of the effective day of a
new sign‑up period.
20.07 (a) The
parties, hereto, agree that separate sign‑ups shall be posted for bid at
maximum intervals, every
eight (8) weeks in the Operations and Maintenance
Departments. Employees shall be assigned to the crew of
their choice in
accordance with their
seniority.
(b) The procedure to be followed, with
regard to sign-ups, during the term of this
Agreement, shall be the existing
procedure as posted, unless changed by mutual
agreement. No regular sign-up period shall start two (2)
weeks in either direction
of Christmas Day. The parties agree that separate sign-ups
shall be posted for
during the Christmas/New Year=s period, when a two (2)
week selection shall be
made. Vacation quotas shall be adjusted accordingly
during this period to reflect
service/workforce requirements.
(c) It is further agreed that all new
schedules shall commence on the beginning of the
closest pay period.
20.08 All split shifts shall be completed within
twelve (l2) hours and one (l) minute of their daily starting time. For time worked in excess of ten hours and
thirty one minutes an allowance of one quarter time for a total of one and one
quarter times the hourly rate will be paid.
20.09 In the event a vacancy occurs caused by a
termination, voluntary or otherwise, on a crew, such vacancy shall be posted on
the sick relief sign up.
20.10 Operators shall be supplied transportation to
and from relief points and the garage.
20.11 (a) Operators
shall be provided with ten (10) minute reporting allowance to: Report in, draw
and prepare required documents, prepare vehicle for schedule departure and
return all documents. When required to
work split shifts, an additional ten (10) minutes reporting allowance for the
second part of the split shift will be allowed.
(b) Report time will be paid at regular
hourly rates and the time will not be calculated
as part of the scheduled hours as
referred to in Article 20.02 (b).
Article 2l ‑ Temporary Help
21.01 The Company may use temporary persons for
vacation fill‑ins, absenteeism and for emergency purposes, but such
persons shall not be used to deprive regular employees of their normal hours of
work, nor shall they be used to an extent where it would deprive the gainful
employment of a regular employee provided such is available. The Company shall not use temporary employees
as Operators before discussions are held with the Union.
21.02 Temporary persons shall receive one dollar
($1.00) per hour less than the maximum rate in the classification hired into,
but are otherwise not covered by the terms of this Agreement. Such employees shall pay the regular monthly
Union dues.
Article 22 ‑ Group Insurance Plan
The parties agree
that should the City provide, to other employee groups other than fire, health
and
life benefits of the type described in Article 22 of the Collective Agreement, but
for Articles
22.01
(f) and (h), during the period between October 1, 2005, and September 30, 2008,
which
constitute
a revision to the benefits such as major medical or dental then, the Company
shall
meet
with the Union Executive for the purpose of providing the union with the
details of the
revisions
and allow the union the opportunity of having such revisions granted in their
entirety to
their
union members.
22.01 The Company shall pay the full cost (l00% of
premiums) to provide the following benefits, providing the employee completes
the necessary application cards and meets all eligibility requirements for
enrollment:
(a) Ontario Hospital
Insurance Plan;
(b) Extended Health Benefit Plan
including semi‑private hospital insurance coverage under the group policy
and the following:
Vision
Care ‑ with a benefit of three hundred ($300) dollars per person per
family once every 2 years. Effective January 1, 2007 the benefit
will increase to three hundred and twenty five ($325), and will increase to
three hundred and fifty ($350) dollars effective January 1, 2008.
Hearing
Care ‑ with a benefit of three hundred ($300) dollars per person per
family once every two (2) years.
(c) Group Life Insurance Plan with coverage
equal to two (2) times the employee's salary to the next highest multiple of
one (l) thousand up to a maximum of $400,000.00.
(d) An Accidental Death and Dismemberment
Benefit equal to two (2) times the employees salary to the next highest
multiple of one (1) thousand up to a maximum of $400,000.00.
(e) A paid‑up Life Insurance policy of
two Thousand Dollars ($2,000), upon approved retirement after five (5) years
continuous service with the Company;
(f) A Weekly Indemnity Plan providing
benefits for a maximum of twenty‑six (26) weeks. The Weekly Indemnity Benefit rates will be 85% of the applicable regular hourly
rate as follows:
|
|
Weekly Indemnity
|
Modified Work
|
Weekly Indemnity
|
Modified Work
|
Weekly Indemnity
|
Modified Work
|
|
Classification
|
Oct 1, 2005
@
85%
|
Oct
1, 2005
@
90%
|
Oct 1, 2006
@ 85%
|
Oct
1, 2006
@ 90%
|
Oct 1, 2007
@ 85%
|
Oct 1, 2007
@ 90%
|
|
General
Service
|
$17.01
|
$18.01
|
$17.73
|
$18.77
|
$18.44
|
$19.52
|
|
Subway
Cashier
|
$17.22
|
$18.23
|
$17.95
|
$19.01
|
$18.66
|
$19.76
|
|
Building
& route
|
$17.83
|
$18.88
|
$18.58
|
$19.67
|
$19.31
|
$20.45
|
|
Mechanic’s
Helper
|
$17.83
|
$18.88
|
$18.58
|
$19.67
|
$19.31
|
$20.45
|
|
Mechanic/Bodyman
|
$25.09
|
$26.57
|
$25.85
|
$27.37
|
$26.61
|
$28.18
|
|
Operator
|
$20.93
|
$22.16
|
$21.77
|
$23.05
|
$22.64
|
$23.97
|
|
Operator:
New
Hire@ 80%
|
$16.75
|
$17.73
|
$17.42
|
$18.44
|
$18.11
|
$19.17
|
|
Operator:
New
Hire@ 90%
|
$18.84
|
$19.94
|
$19.59
|
$20.75
|
$20.37
|
$21.57
|
Income
tax will be deducted from the foregoing weekly benefit rates by the insurance
carrier prior to issuance.
Benefits
will be effective for the first three days of an illness claim in the same
manner as is currently the case for an accident claim.
Any
employee eligible for Weekly Indemnity Benefits, who is employed in a modified
work program will be compensated on the basis of 90% of their applicable
regular hourly rate.
Employees who are on an approved
and detailed return to work program (work hardening) where the employee is
working towards eight (8) hours in their regular classification and who are
performing at least two (2) hours in their regular classification will be paid
at 100% their regular wage rate while performing modified work.
Employees on weekly indemnity who
participate in an approved modified work program will have their twenty-six
(26) week entitlement extended by the number of modified hours worked.
22.01 (g) A
Preventative Care Dental Plan will be provided with the ODA Schedule of Fees
being increased each April 1st when the previous year=s ODA Schedule of Fees will
be implemented.
-
Effective April 1, 2005 - 2004 ODA Fee
Schedule Rates
-
Effective April 1, 2006 - 2005 ODA Fee
Schedule Rates
-
Effective April 1, 2007 - 2006 ODA Fee Schedule Rates and for each April 1st
thereafter, the previous year=s
ODA Fee Schedule will go into effect.
Denture
coverage and root canals to be 100% paid for by the Company.
(h) A
Long Term Disability Plan, as outlined in the Master Policy with a twenty‑six
week elimination period and benefits payable to age 65. Benefit level to be sixty‑six and two
thirds percent (66‑2/3%) of employee's normal earnings.
(i) Each employee will be provided with an
out of the country extended benefit plan equivalent to a Blue Cross World
Assistance Card Plan.
(j) Employees
retiring on an OMERS pension after ten (10) years of service will be offered coverage to age 65 as
follows.
Retirees,
up to age 65, may purchase units of $10,000 of Life Insurance, subject to evidence of insurability, to a maximum of
five (5) units or $50,000.
Life
Insurance ‑ $10,000 maximum coverage, 66-2/3% employer paid;
Major Medical
health coverage similar to that for active employees not including private ward
coverage or out of country coverage.
Reimbursement
will be at the rate of 80%. The maximum
out of pocket cost for single coverage will be $200 per year and $400 per year
for family. Thereafter reimbursement
will be at 100% for the remainder of the year; 100% employee paid
Basic
dental coverage similar to that for active employees.
Reimbursement
will be at the rate of 80%. The maximum
out of pocket costs for single coverage will be $200 per year and $400 per year
for family.
Thereafter
reimbursement will be 100% for the remainder of the year. There is a $25 single and $50 family
deductible on this coverage.
Optional
Major Restorative/Orthodontic dental coverage similar to that for active
employees. Reimbursement will be as per
active employees.
(k) Employees
with at least 10 years of full time service with the Company who are 55 or
older and not eligible for an unreduced pension will be eligible to apply for
the following early retirement benefits coverage upon acceptance of an OMERS
retirement pension.
Coverage is for a maximum of 10
years or until age 65, whichever occurs first.
The full premium cost for coverage
will be paid by the employee.
The coverage will consist of:
1. Major
Medical health coverage similar to that for active employees not including
private ward or semi private ward coverage or out of country coverage.
Reimbursement will be at the rate of
80%. The maximum out of pocket cost for
single coverage will be $200 per year and $400 per year for family. Thereafter reimbursement will be at 100% for
the remainder of the year. There will be
no $25 annual deductible on this coverage.
2. Basic
dental coverage similar to that for active employees.
Reimbursement will be at the rate of
80%. The maximum out of pocket costs for
single coverage will be $200 per year and $400 per year for family. Thereafter reimbursement will be 100% for the
remainder of the year.
Optional Major
Restorative/Orthodontic dental coverage similar to that for active
employees. Reimbursement will be as per
active employees.
(l) If
during the term of this agreement (October 1, 2005 – September 30, 2008),
additional retiree benefits are provided to non union employees, the City shall
simultaneously provide such improved benefits to members of the Union.
22.02 The Company will provide the following
options to the Group Insurance Plan.
(a) Additional units of $10,000 of Life
Insurance coverage. All additional
amounts will be subject to evidence of insurability. Additional amounts are paid by the employee.
(b) Survivor income benefit. Employees presently covered for the benefit
may continue to do so if they wish.
(c) The Transit Department will provide
Optional Dental Plan coverage for Orthodontic and Major Restorative Services
for those employees who desire such coverage.
The coverage will be subject to the various restrictions, deductibles,
etc., offered under the previous Option #1, as per the Master Insurance
Policy. Effective January 1, 2006, the
fifty percent (50%) co-insurance amount will be revised to five thousand
dollars ($5,000).
(d) Dependent
Group Life Insurance ‑ fully employee paid.
22.03 Newly hired employees shall qualify for the
above coverage after the following service:
(a) Three (3) months for Weekly Indemnity.
(b) Two (2) months for all other coverage
except LTD which requires six (6) months of service.
22.04
It is agreed by the parties that the terms of the
settlement for this Collective Agreement satisfy or more than satisfy all
legislative requirements related to the
sharing with the employees of the portion (5/12ths) of the Employer's U.I.C.
reduced premium cost, assuming that the Employer's request for such premium cost reduction is
approved by the U.I.C.
22.05
The Company agrees that copies of the Health and Life
Master Insurance policies will be
provided
to the Secretary of the Local not later than January 31st of each calendar
year. In addition, copies will also be
provided following any change in insurance carriers.
22.06 The Company agrees that the benefits, as
administered by the Insurance Carrier through the Health and Life Master
Insurance Policy, shall be in accordance with Article 22 of the Collective
Agreement.
Article 23 ‑ Classification and
Rates of Pay
23.01 The following classifications and rates of
pay shall apply during the term of this Agreement:
Classification Effective Effective Effective
October
1st October 1st Sept. 30th
2005 2006 2007
General
Service $20.01 $20.86 $21.69
Subway
Cashier $20.26 $21.12 $21.95
Building
& Route $20.98 $21.86 $22.72
Mechanic=s Helper $20.98 $21.86 $22.72
Mechanic/Bodyman $29.52 $30.41 $31.31
Operator $24.62 $25.61 $26.63
Newly
Hired Employee:
Training
Rate* 60%
of Operator’s Rate
Probationary Rate (1 - 9
Months) 80% of Operator’s
Rate
10 - 12 months 90% of Operator’s Rate
* Date of Hire to completion of
the Initial Training Period
23.01 NOTE:
Apprentice Mechanics shall be paid the applicable hourly rate in
accordance with present Company policy and procedures.
23.02 Employees who are selected by the Company and
who agree to assist with on the job training for new Operators will be paid a
premium of seventy-five (75) cents per hour while so instructing.
23.03 Lead Hands, Acting Lead Hands and any other
employees acting in a position of responsibility will be accountable to ensure
all work is carried out in accordance with the Company’s safety policies and
all applicable legislation including the Occupational
Health & Safety Act.
These duties
shall not include powers of disciplinary action nor will any reports from a
lead hand be used to support disciplinary actions save and except for issues of
harassment and workplace safety violations.
Lead Hands and
Acting Lead Hands shall receive a premium of one dollar ($1) per hour.
23.04 An employee who is hurt while performing his
assigned duties shall not suffer any loss in regular earnings on the day of the
injury, provided medical treatment by an M.D. is received and the employee
checks with his supervisor following such treatment. The provisions of this Article apply for new
injuries only.
23.05 In lieu of scheduled work breaks, each
Operator and Subway Cashier will receive 45 hours of pay calculated on a yearly
basis commencing on December lst, and each year thereafter. The pay will be calculated on a weekly
basis. If an Operator or Cashier is off work
for three regular scheduled days out of the five regular scheduled work days
for any reason (other than vacations, and the twenty Union days as per Article
l5.04, Section v), the 45 hours lieu pay per year will be reduced by the number
of work weeks absent (l/52 per work week).
The work break pay will be
calculated according to the above formula with the payments being made within
the first two weeks of December.
Article 24 ‑ Shift Premiums
24.01 (a) A
shift premium of eighty five (85)
cents per hour shall be
paid to Maintenance
employees for all shifts commencing at 3:00
p.m. or later.
(b) A
shift premium of ninety-five cents per (.95) hour shall be paid to maintenance employees for all shifts commencing
between 11:00 pm. and 12:01 am.
Article 25 ‑ Pay Errors
25.01 The Company agrees to adjust all pay errors,
in excess of three (3) hours pay at regular rate within a forty‑eight
(48) hour period of being advised and confirming same, excluding Saturdays,
Sundays and Statutory or Designated Holidays.
Article 26 ‑ Training Course
26.01 The Company will permit selected Union, Maintenance employees to attend certain Company
chosen and approved training courses that it deems suitable. Where tuition fees are involved, the employee
will be responsible for their initial cost.
However, they will become refundable
upon presentation to the Company of documented successful completion of the
training course. Where courses occur
during the regular working day, the attending employee shall not suffer any
loss of regular earnings, and the full cost of the training course will be
borne by the Company, so long as tuition fees are not involved as referred to
above.
Article 27 ‑ Complaints
27.01 The procedure regarding the investigation of
complaints from members of the public will be based on the philosophy that our
employees are innocent until proven guilty and shall be as follows:
1. A complaint means a complaint received by
the Company by any means including verbally, by telephone, in written or
electronic form, from a member of the public regarding the inappropriate
conduct of an employee.
2. After or as part of the investigation and
prior to taking any disciplinary action, the Company may schedule an interview
with the employee with the view of reaching a satisfactory resolution of the
complaint.
The
employee will be entitled to union representation at such a meeting and he/she
shall be entitled to know the essential details of the complaint and the
allegations contained therein, prior to the meeting and have an opportunity to
discuss same with the union representative.
3. Should disciplinary action be deemed
necessary by the Company, a disciplinary meeting will be scheduled with the
employee and a Union representative. At
this meeting, a copy of the complaint, with the identity of the complaint
deleted, shall be made available to the employee and the Union.
4. Any incident reports required by the
Company shall be completed by the employee in accordance with Article 31.01
5. The employee shall be notified of any
discipline deemed necessary by the Company within 5 working days after the
disciplinary meeting, excluding allegations of a criminal nature.
6. Customer complaints where no discipline is
imposed shall not be placed in an employee=s
personnel file.
7. Tracking of customer complaints is
necessary to determine performance problems with the view of correcting
inappropriate and repetitive situations, through non-disciplinary counselling
and the like. A record of all complaints
received by the Company will be kept for a period of twelve (12) months. Beyond this period, a record will be kept of
any complaint which disciplinary action has been taken by the Company.
8. Any attendance at a customer relations
course, driver training course or counselling session, which is deemed
necessary by the Company, as a result of a complaint where disciplinary action
was taken is mandatory and will be scheduled on Company time.
Article 28 ‑ Successor Clause
28.01 This Agreement shall be binding upon the
parties hereto, their successors, administrators, executors and assignees. In the event of the sale, transfer, or lease
of the Company, or in the event the Company is taken over by sale, lessee,
transfer, assignment, receivership or bankruptcy proceeding, such operations
shall continue to be subject to the terms and conditions of the Agreement for
the like thereof. The Company shall give notice of the existence of this
Agreement to any purchaser, lessees, assignees, or in the event of a transfer
etc. Such notice shall be in writing with a copy to the Union
not later than the effective date of sale.
Article 29 ‑ Change‑offs
30.01 The Company will attempt to have all vehicle
change‑offs performed by bargaining unit members. In the event such a member is not available,
the change‑off will be performed by a staff member.
Article 30 ‑ Accident Reports
31.01 The Company will pay Operators who must
complete accident reports for accidents involving a third party or personal
injury up to 30 minutes at regular rate, if the accident report cannot be
completed prior to the end of their assigned shift.
For
all other accidents and incident reports, which cannot be completed prior to
the end of their assigned shift, operators will be paid fifteen minutes at
regular rate.
Article 31 ‑ Term of Agreement
32.01 This Agreement shall become effective on the
lst day of October 2005 and shall remain in full force and effect until the 30th
day of September 2008 subject to the provisions of Section 32.02 of this
Agreement.
32.02 Either party to the Collective Agreement may
send written proposals for amendment of the Agreement to the other party by
registered mail within a period of ninety (90) days, but not less than sixty
(60) days, prior to the expiry date of the Agreement. In the event that no such notice is given
within the time specified herein, the Agreement shall continue in force and
effect from year‑to‑year thereafter.
