COLLECTIVE AGREEMENT - Ontario Administration/913... · hours worked in the preparation and...

COLLECTIVE AGREEMENT

BETWEEN:

THE CORPORATION OF THE MUNICIPALITY OF PORT HOPE

(Employer)

~ MUNICIPAUTY OF PORT HOPE

- AND-

UNITED STEELWORKERS (Union)

ON BEHALF OF THE PORT HOPE VOLUNTEER FIREFIGHTERS

UNITED STEELWORKERS

Collective Agreement in effect: February 4, 2016 to November 30, 2018

Volunteer Firefighter Collective Agre~ment

Table of Contents

ARTICLE 1 - Purpose ................................... .................. ......... .............. ..... .. ....... 4

ARTICLE 2 - Recognition .................................. .............. .. .... ... ................. ........... 4

ARTICLE 3 - Employer Rights ............ ................................................ .............. ... 4

ARTICLE 4 - Definitions .............. ............ ... .. ......................... ........................ ....... 4

ARTICLE 5 - Employer I Union Relations .......................... .................................. 5

5.01 - Correspondence ................................. .................. .................................. 5

5.02- Labour Management Committee ................................... ........................ 6

5.03 - Negotiating Committee .... .................... .......................................... ......... 6

ARTICLE 6 - Strikes and Lockouts ........... .... ....................................................... 6

ARTICLE 7- Union Business .............................................. ......................... ....... 7

7.01 Union Representation .. ...... ... .............................. .... ............................ . 7

7.02- Union Communications ..... .............. ...... .......................... .. ..................... 7

7.03 · Union Dues ................ ... ....................................... ............ ....................... 7

7.04- Seniority Administration ..... ...... ................ .............................................. 8

ARTICLE 8- Complaint I Grievance Procedure ................................... ............... 8

8.01 Complaint Procedure .......... ................................................................. 8

8.02- Grievance Procedure STEP 1 ......................................................... .. ..... 9

8.03- Grievance Procedure STEP 2 ................................................................ 9

8.04 - Grievance Procedure STEP 3 ... ....................... .. .. .. ........... ..... .... .. .. .. ...... 9

ARTICLE 9 - Mediation ...................................................................................... 1 0

ARTICLE 10- Arbitration ... ........................................... ......................... ........ .... 10

ARTICLE 11 - Discipline, Suspension and Discharge ........ ... ............. ............... 11

ARTICLE 12 -Volunteer Firefighter Status .................... .................................... 12

12.01 -Volunteer Firefighter ..... .............................................. .......... .............. 12

12.02 - Volunteer Seniority ............................................................................. 12

12.03 - Volunteer termination and loss of Seniority ........................................ 12

12.04 Number of Volunteers ......... ............................................................... 13

ARTICLE 13 - Leave of Absence .. ..................................................................... 13

13.04- Medical Leave of Absence .................................................................. 14

ARTICLE 14- Position Vacancy ......................................................................... 14

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Volunteer Firefighter Collective Agreement

ARTICLE 15 - Lay-off or Recall. ......................................................................... 14

ARTICLE 16- Transfers ..................................................................................... 15

ARTICLE 17- Occupational Health and Safety ................................................. 15

ARTICLE 18-Worker's Safety and Insurance Board (W.S.I.B) Coverage ........ 16

ARTICLE 19 - Accident and Sickness Insurance Coverage ............................... 16

ARTICLE 20- Medical Documentation ............................................................... 16

ARTICLE 21 - Volunteer Remuneration (Also refer to Schedule A -Volunteer Remuneration) .................................................................................................... 17

21.01 Payment for 'Response' to Alarms ........................................................ 17

21.02 - Payment for 'Other' Activities ............................................................. 17

21.03 - Payment for 'Training' ........................................................................ 17

21.04 - Procedure for Response to Alarms .................................................... 18

21.05- Activities which are not compensated ................................................ 18

21.06- Payment Processing Procedures ....................................................... 18

ARTICLE 22 -Subpoenaed Witness ................................................................. 19

ARTICLE 23- Uniforms ..................................................................................... 19

ARTICLE 24- Safety footwear .......................................................................... 19

ARTICLE 25 - Licensing .................................................................................... 20

ARTICLE 26 - Retirement Recognition .............................................................. 20

ARTICLE 27.0 - Distribution of additional duties ................................................ 21

ARTICLE 28 - Service Alternatives .................................................................... 22

ARTICLE 29- Agreement Costs ........................................................................ 22

ARTICLE 30- Term of the Agreement .............................................................. 22

Schedule A Volunteer Remuneration ................................................................. 23

ARTICLE 21.01 - Hourly 'Response' Pay ...................................................... 23

ARTICLE 21.01 -Hourly 'Other' Pay .............................................................. 23

ARTICLE 21.01 - Hourly 'Training' Pay .......................................................... 24

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.. Volunteer Firefighter Collective Agreement

ARTICLE 1 - Purpose

1.01 The general purpose of this Agreement is to establish and maintain a collective bargaining ~relationship between the Employer and the Union, to provide terms for conditions of employment and settlement of grievances.

1.02 As a means to a safe and efficient operation, the parties agree to have an ongoing harmonious relationship by addressing any differences in an amicable and prompt manner.

1.03 The parties recognize the provisions contained herein shall be interpreted in accordance with the Ontario Labour Relations Act, the Ontario Human Rights Code, the Employment Standards Act and any other applicable legislation.

ARTICLE 2 - Recognition

2.01 The Employer recognizes the United Steelworkers as the sole bargaining agent for all Volunteer Firefighters as defined by the Fire Protection and Prevention Act employed by the Corporation of the Municipality of Port Hope save and except District Chiefs and those above the rank of District Chief.

ARTICLE 3 - Employer Rights

3.01 The Union acknowledges that Management is vested exclusively in the Corporation and without limiting the foregoing, that the employment, supervision, management and control of the Employer's Fire and Emergency Service operations, including but not limited to direction and control over its facilities, equipment and Volunteers are exclusively the function of the Employer and that the Employer has the right to make such rules, regulations and decisions as it considers necessary or advisable for the orderly, effective, safe and efficient conduct of its operations, including the right to select, hire, promote, discipline, demote, transfer, re-assign, suspend and discharge Volunteers.

3.02 The Employer agrees that it wiU exercise its rights in a fair and reasonable manner and in accordance with the terms and conditions of this Agreement.

ARTICLE 4- Definitions

Active -shall refer to a Volunteer who is actively performing the duties of a Volunteer and is not on an approved leave; suspended; not on an unapproved leave; or terminated.

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V<?l~nteer Firefighter Collective Agreement

Agreement - shall refer to this document ratified, signed and implemented in accordance with the Ontario Labour Relations Act.

Chief Administrative Officer- shall hereinafter be referred to as CAO.

Correspondence -shall refer to an email, letter or facsimile.

Department- shall refer to the Port Hope Fire and Emergency Services Department ("PHFESD'').

Director of Fire and Emergency Services/Fire Chief- shall hereinafter be referred to as the Fire Chief.

Employment -shall be interpreted in the context of the Volunteer who has been hired as a Volunteer Firefighter, as defined by the Fire Protection and Prevention Act.

Grievance - shall refer to a difference arising between the parties relating to the interpretation, application or administration of the Agreement.

Seniority- shall mean length of continuous service as a Volunteer, with the Fire and Emergency Services Department of the Municipality of Port Hope.

Singular or Masculine -wherever the singular or masculine are used in the Agreement, the same shall be considered as if the plural or feminine had been used.

Union Representative -A Union Representative may be one of the following: three (3) Volunteers (one per station}, the Local Union President (7175) and the International Staff Representative

Volunteer- shall refer to any Volunteer Firefighter (as also referred to as VFF) employed by the Employer and shall include officers within the bargaining unit below the rank of District Chief.

Working Days - shall exclude Saturdays, Sundays and Statutory Holidays.

Working Hours -shall refer to any hours where the Volunteers are engaged in training, emergency response, station or equipment maintenance, fire prevention or any other recognized Volunteer duty.

ARTICLE 5 - Employer I Union Relations

5.01- Correspondence

a) Correspondence from the Union to the Employer shall be addressed and delivered to the CAO or designate.

b) Correspondence from the Employer to the Union shall be addressed and delivered to the Union President selected and identified in writing to the Employer by the Union and the Employer, although not binding, shall also make best efforts to copy the International Staff Representative of any such correspondence.

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c) The Employer will provide one bulletin board per station, for the posting of Union notices and bulletins which shall be dated and signed before posting, by an authorized Union Representative.

5.02- Labour Management Committee

a) The Employer and the Union agree that a Labour Management Committee shall meet as necessary to provide an opportunity for open communication to discuss matters that may improve the relationship between the parties, but not grievances and matters that may pertain to negotiations for this Agreement.

b) The Labour Management Committee shall consist of three (3) Volunteer Union Representatives, the Fire Chief, and I or Deputy Fire Chief and the CAO and I or designate and as supported by Human Resources.

c) The Labour Management Committee shall not have the power to add, amend, delete or change any part of the Agreement.

5.03- Negotiating Committee

a) The Union Negotiating Committee will consist of not more than three (3) Volunteers. Volunteers who are members of this Committee will negotiate new or revised Collective Agreements.

b) The Employer Negotiating Committee may consist of the Fire Chief and lor Deputy Fire Chief, CAO or designate, Council Representative and as supported by Human Resources.

c) The Volunteers serving on the Union Negotiating Committee shall receive compensation equal to a maximum of twenty-four hours wages at the 'Other' activity rate as outlined in Schedule A for all hours worked in the preparation and negotiation of the Collective Agreement. This compensation shall be paid in the pay period following ratification of this Collective Agreement

ARTICLE 6- Strikes and Lockouts

6.01 The Union agrees that during the term of this Agreement and while negotiations for a further Agreement are taking place, the Union shall not permit or encourage any strike, slowdown or stoppage of work and shall not otherwise restrict or interfere with the Employer's operation through its members.

6.02 The Employer agrees that during the term of this Agreement and while negotiations for a further Agreement are taking place, the Employer shall not lockout any of the Volunteers.

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ARTICLE 7 - Union Business

7.01 Union Representation

a) The Union may appoint or elect three (3) Volunteers to hold the position of Union Representative. The Volunteers must be Active and must have successfully completed the probationary period to be eligible to be a Union Representative.

b) The Union agrees to notify the Employer in writing of the names of its Union Representatives/officials and their designates and the effective dates and term of their appointment.

c) Following the receipt of written communication from the Union requesting the attendance of the Volunteer who is a Union Representative, at a Union Activity such as training, the Employer may approve the absence as an 'excused absence'. The incidents, training or fire prevention activities which occur during the 'excused absence' will not be counted as events when calculating their attendance percentages.

7.02- Union Communications

The Union agrees to not engage in Union activities during Working Hours or hold Union meetings on the premises of the Employer without the written permission of the Fire Chief or designate

7.03 ~ Union Dues

a) Volunteers will pay their Union initiation fees, dues, monies and assessments from the amount paid in each pay period, by the Employer to the Volunteer.

b) All dues, initiation fees and assessments shall be remitted to the International Union forthwith following the pay period in which the Union dues have been deducted. The remittance shall be sent to the International Secretary Treasurer of the United Steelworkers, AFL-CIOCLC, P.O. Box 13083 Postal Station 'A', Toronto, Ontario, MSW 1V7 in such form as shall be directed by the International Union to the Employer along with a completed Dues Remittance Form R-115. A copy of the Dues Remittance Form R-115 will also be sent to the Union office designated by the Area Coordinator.

c) The remittance and the R-115 form shall be accompanied by a statement containing the following information:

• A list of the names of all Volunteers from whom dues were deducted and the amount of dues deducted;

• A list of the names of all Volunteers from whom no deductions have been made and reasons;

• This information shall be sent to the Union addresses identified in this Agreement in such form as shall be directed by the Union to the Employer.



d) The amount of dues shall be calculated in accordance with the International Union's Constitution.

e) The Union shall indemnify and save the Employer harmless against all claims or other forms of liability that may arise out of any actions taken by the Employer in compliance with this Article.

f) The Employer, when preparing T-4 slips for the Volunteers will enter the amount of Union dues paid by the Volunteer during the previous year unless the applicable federal authority precludes such.

7.04 - Seniority Administration

a) When two (2) or more employees are hired on the same day, their Seniority order shall be determined by alphabetical order of surname and then by given name.

b) The Employer shall supply an up to date seniority list to the Union in January and July of each year. Such Seniority lists shall be posted by the Union in applicable workplaces. Any error or omission shall be corrected within thirty (30) days of posting, after which time such list shall be deemed correct.

c) It shall be the duty of each Volunteer to notify the Deputy Fire Chief and/or designate promptly of any change in address, telephone number, marital status and dependents. If the Volunteer fails to do this, the Employer will not be responsible for failure of a notice to reach such Volunteer and/or any other problems which may arise from it.

ARTICLE 8 - Complaint I Grievance Procedure

8.01 Complaint Procedure

a) It is the mutual desire of both parties that a Volunteer's complaint be addressed as promptly as possible. A complaint can be regarding the interpretation, meaning or application of this Agreement or alleged violation of the Agreement.

b) A Volunteer having a complaint shall first discuss the matter with a District Fire Chief within ten (1 0) working days of the circumstance, act or condition giving rise to the complaint. A Volunteer may be accompanied by a Volunteer or Volunteer Union Representative, at the Volunteers discretion.

c) The District Fire Chief shall address the matter and provide a written response to the Volunteer within five (5) working days from the date the District Fire Chief received the complaint.

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8.02- Grievance Procedure STEP 1

a) In the event that the complaint has not been resolved, the Volunteer may submit a written Grievance on the approved Grievance form to the Deputy Fire Chief within five (5) working days of the District Fire Chief1s response. The Grievance form shall be inclusive of information regarding the date of the occurrence, the date the Grievance is being filed, the Article being grieved under the Collective Agreement and redress being sought.

b) Within ten (10) working days following the receipt of the written STEP 1 Grievance the Deputy Fire Chief shall meet with the griever. The griever shall be accompanied by a Volunteer Union Representative to discuss the resolution of the Grievance. The Deputy Fire Chief may be accompanied by one of the other District Fire Chiefs.

c) The Deputy Fire Chief shall render his decision in writing to the griever and the Volunteer Union Representative within five (5) working days from the Step 1 meeting

8.03- Grievance Procedure STEP 2

a) In the event that the Grievance is not resolved at STEP 1 of the Grievance procedure, the Union may move the grievance form to STEP 2 of the grievance procedure to the Fire Chief or designate within five (5) working days of the receipt of the Deputy Fire Chief written response to STEP 1.

b) Within ten (10) working days following the receipt of the written STEP 2 Grievance the Fire Chief or designate shall meet with the griever and the Volunteer Union Representative to discuss potential resolution to the grievance. The Fire Chief may be accompanied by the Human Resources Manager.

c) The Fire Chief or designate shall render his decision in writing to the griever and the Volunteer Union Representative within five (5) working days from the Step 2 meeting.

d) Upon receipt of the Fire Chief or designate response, the Union shall render a response within ten (10) working days.

8.04 - Grievance Procedure STEP 3

a) In the event that the Grievance is not resolved at STEP 2 of the Grievance procedure, the Union may submit a written grievance to the Labour Relations Committee (LRC) of the Municipality of Port Hope within five (5) working days of the receipt of the Fire Chief1s written response in Step Two.

b) Within ten (10) working days following the receipt of the written STEP 3 grievance the LRC may meet with the griever. The griever

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shall be accompanied by a Volunteer Union Representative to discuss the potential resolution of the grievance.

If the Employer fails to give the Union its written response within ten (10) working days after the Step 3 meeting, the grievance will be deemed to be accepted by the Employer including the redress sought.

c) The LRC shall render a decision in writing to the griever and the Union Representative(s) within five (5) working days from the Step 3 Grievance meeting.

d) Upon receipt of the LRC response, the Union shall render a written response within ten (10) working days.

If the Union fails to give the Employer its written response within ten (10) working days after the Step 3 meeting the grievance will be deemed to be abandoned

8.05 Upon mutual agreement of both parties the above noted time frames may be extended if notification is received within the timeframes as outlined in the Complaint/Grievance Step.

8.06 If a complaint or written Grievance is not submitted within the time frames outlined above, the Grievance is deemed to have been abandoned.

8.07 The Union shall have the right, at any time during the Grievance process, to have the assistance of a Representative from the International Union (Staff Representative).

ARTICLE 9 - Mediation

9.01 If the Grievance has not been resolved through the Grievance procedure, the matter may be referred, by mutual agreement, to a mediator. The parties shall mutually agree in writing on a mediator.

9.02 All costs associated with mediation shall be paid equally by the two parties. The mediation meetings shall be held in the Municipality of Port Hope.

9.03 Where both parties agree in writing to the resolution derived from the mediation process, the settlement shall be binding.

ARTICLE 10- Arbitration

1 0.01 If the parties fail to settle the Grievance through the Grievance procedure or at mediation, the Grievance may be referred to Arbitration under the procedure to follow.

10.02 The party requesting arbitration, shall advise the other party in writing

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within thirty (30) Working Days after failure to settle at mediation, if mediation is utilized or within thirty (30) Working Days after the Step 3 response.

1 0.03 If written notice to refer the matter to arbitration is not received within thirty (30) Working Days after the mediation, or if mediation was not utilized, within thirty (30) Working Days after the Step 3 response, the Grievance shall be deemed to have been abandoned.

1 0.04 The noted timeline may be extended by mutual agreement of both parties in writing provided the request for extension is received in writing within the thirty (30) Working Days after the Step 3 response

10.05 The parties shall mutually agree upon a single arbitrator and all costs for arbitration shall be paid equally by both parties. The arbitration meetings shall be held in the Municipality of Port Hope.

10.06 The arbitrator shall hear and determine the difference or allegation and shall issue a decision and the decision is final and binding upon the parties and upon the Volunteer affected by it.

10.07 No person who has been appointed as the mediator shall act as the arbitrator unless otherwise agreed to by both parties.

10.08 The arbitrator.shall not have any authority to alter or change any of the provisions of this Agreement, or to substitute any new provisions in lieu thereof, or to give any decision contrary to the terms and condition of the Agreement, or in any way modify, add to or detract from any provision of this Agreement.

ARTICLE 11 - Discipline, Suspension and Discharge

11.01 The progressive discipline guidelines shall be followed when addressing a Volunteer's inappropriate behaviour or unsatisfactory performance.

11.02 The Employer will work with the Volunteer to identify and counsel the Volunteer as required on the appropriate behaviour or performance of a Volunteer.

11.03 Progressive discipline shall generally include coaching, verbal warning, written warning, suspension and termination; however, the parties to this Agreement recognize a variant approach may be warranted, at the discretion of the Employer, in certain situations based on the nature of the circumstances.

11.04 Whenever the Employer intends to provide coaching, the Volunteer may request a member of the bargaining unit to be present.

11.05 Whenever the Employer intends to apply disciplinary measures such as verbal warning, written warning, suspension or termination, the Volunteer

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shall be accompanied by his Union Representative or any member of the Union Grievance Committee.

11.06 The Volunteer shall be given a copy of any written warning, suspension or termination notice which is intended to form any part of the Volunteer's employment record.

11.07 In the event the Volunteer feels that they have been wrongfully suspended or terminated, they may submit a written Grievance at STEP 3, within five (5) days of the effective date of the suspension or termination.

ARTICLE 12- Volunteer Firefighter Status

12.01 -Volunteer Firefighter

a) A Volunteer shall acquire Seniority rights upon successful completion of the probationary period; thereupon his Seniority shall be established, dating back to this first day of employment.

b) Notwithstanding 12.01 a}, any Recruit who possesses the required credentials and experience may, in consultation with the Officers at the respective station, and at the Fire Chief and/or designee's discretion, have their probationary period reduced to not less than six (6) months.

c) A Recruit must successfully complete all applicable performance objectives before attending any fire or emergency calls.

d) A Volunteer shall maintain a minimum attendance of:

35% of all response calls;

75% of all training; and

6 hours of Fire Prevention;

Monitored on a quarterly basis and managed through progressive discipline as required.

12.02- Volunteer Seniority

Seniority shall continue to accumulate in the following circumstances and during:

• an authorized leave of absence of less than six months or as otherwise approved by the Fire Chief or designate; and

• a leave of absence due to sickness or accident.

12.03- Volunteer termination and loss of Seniority

The Volunteer's Seniority will be lost and the Volunteer's employment terminated with the Employer when the Volunteer:


Volunteer Firefighter Collective Agre~J!lent

• resigns or retires;

• is discharged and not re-instated via the Grievance procedure;

• fails to return after an approved leave of absence;

• fails to complete the requirements of the probationary period. Termination of employment pursuant to this provision shall not become the subject of a Grievance.

12.04 Number of Volunteers

The Employer shall maintain the total available Volunteer compliment of sixty-five {65) Volunteer positions, subject to availability of suitable candidates.

ARTICLE 13 - Leave of Absence

13.01 A leave of absence without pay may be approved by the Fire Chief or designate for a term up to six (6) months. A Volunteer requesting a leave of absence shall do so in writing, setting out the reasons for the leave and the duration.

13.02 a) Two (2) weeks prior to the end of the leave of absence (or earlier) the Volunteer must contact the Fire Chief or designate to discuss his return to service (which requires the approval of the Fire Chief or designate) OR request an extension of his leave, for no more than six (6) months OR advise of his intent not to return to the Fire Service.

b) Prior to the Volunteer's return to service from a leave of absence the Volunteer, in a timely manner, must complete the performance objective sign-offs (training) as defined by the Employer that took place during the leave period.

13.03 a) In circumstances where the Volunteer has not been in contact with the Fire Chief or designate to discuss his return to work prior to the last day of the leave of absence, the Fire Chief and or designate will send an email to the Volunteer on leave to determine the status of his return to service and copy the Volunteer Union Representative on the email.

b) After seventy-two (72) hours, if there has been no response from the Volunteer, the Fire Chief and or designate shall send a registered mailed letter to the Volunteer to his last known address outlining the need to respond to the original contact.

c) If the Volunteer fails to respond within seven (7) days after the registered letter has been sent, the Volunteer shall have been deemed to have abandoned his position and his service and seniority would be terminated.



13.04 - Medical Leave of Absence

A medical/eave without pay shall be approved by the Fire Chief or designate provided the Volunteer has informed the Fire Chief or designate of the medical/eave and provided satisfactory medical documentation, as soon as practicable.

13.05 Two (2) weeks prior to the end of the medica/leave, the Volunteer is to contact the Fire Chief or designate to discuss return to duty or request an extension of the medical/eave, no more than six (6) months. Medical documentation must be presented to return to fire service OR extend the medical/eave.

13.06 Prior to the Volunteer's return to service from a medical/eave, medical documentation must be provided to confirm the Volunteer is able to return to full regular duties and the Volunteer, in a timely manner, must complete the performance objectives sign-offs (training) as defined by the Employer that took place during the leave period.

13.07 A medical/eave may be granted for a term up to twenty-four (24) months. Where medical documentation restricts the Volunteer from return to service after twenty-four (24) months of medical/eave, the Volunteer's service and seniority would be terminated.

13.08 During a leave OR medical/eave of absence, the Volunteer shall not participate in any and all fire related activities.

ARTICLE 14 - Position Vacancy

14.01 In all cases of filling any position vacancy from within the bargaining unit, or a decrease in the number of Volunteers or a recall following a layoff, the primary factors for selection shall be knowledge, skill, qualifications and ability to perform the duties in the subject position description.

14.02 However should the Employer deem the aforementioned factors to be relatively equal between two (2) or more Volunteers, Seniority shall govern.

14.03 When a Lieutenant or Captain position becomes vacant, the Employer shall post a notice for the vacant position. The vacancy shall be posted for ten (1 0) Working Days and applications are to be received in accordance with details outlined on the posting.

ARTICLE 15- Lay-off or Recall

15.01 Regarding a decrease in the number of Volunteers, the principle of Seniority of the 'first in shall be the last out', shall apply.

15.02 In the case of a recall following a lay-off, the principle of Seniority of the 'last out shall be the first in', shall apply.


Volunteer Firef~ghter Collective Agreement

ARTICLE 16- Transfers

If and when the Employer requires Volunteers to be transferred to fill a position vacancy, the following process will apply:

• The Employer will seek out Volunteers wishing to be transferred;

• If no Volunteers come forth, the most Senior Volunteer shall be asked if he wishes to accept the transfer request.

• If the most Senior Volunteer denies the request, then the Employer shall ask the second most Senior Volunteer if he wishes to accept the transfer.

• The process shall continue until a Volunteer is selected for the position vacancy.

• If there are no Volunteers after going through the list of most Senior Volunteers, the most junior Volunteer shall be transferred to fill the position vacancy.

ARTICLE 17- Occupational Health and Safety

17.01 The Union and the Employer shall continue to promote a safe and healthy working environment.

17.02 A Joint Health and Safety Committee (JHSC) will be established. The Committee will be comprised of one (1) 'primary' Volunteer Union Representative and one (1) 'alternate' Volunteer Union Representative from each station and not less than two (2) representatives from the Employer ..

17.03 The time and location for these meetings will be as established by the Committee and the meetings will be held quarterly, unless mutually agreed otherwise.

17.04 a) A Volunteer shall utilize the JHSC to participate in the purchasing process of any new fire safety and protection equipment the Municipality intends to purchase.

b) The JHSC shall ensure that the Volunteers, from their respective stations, be informed and canvassed for suggestions. All suggestions shall be brought back to the JHSC for further discussion where an action plan will be developed for any recommended purchase.

c) Any Volunteer, whom is not a JHSC member, shall be allowed to attend these meetings, without pay, as a guest to provide insight



ARTICLE 18 -Worker's Safety and Insurance Board (W.S.I.B) Coverage

18.01 The Volunteer will be insured for work related injuries according to the maximum W.S.I.B. coverage as established by W.S./.8.

18.02 A Volunteer shall file a W.S./.8 claim for an injury sustained during the performance of their duties as a Volunteer.

18.03 The Employer may make reasonable efforts to provide suitable modified work duties for the Volunteer who has medical limitations or restrictions as a result of an injury sustained during the performance of their duties as a Volunteer.

18.04 The Union and the Volunteer will co-operate fully with the Employer to facilitate the Volunteer's return to work.

ARTICLE 19 - Accident and Sickness Insurance Coverage

19.01 The Employer currently provides Accident and Sickness Insurance with 'On Duty' coverage for Volunteers, at no cost to the Volunteer.

19.02 Participation in the Accident and Sickness Insurance shall be subject to the general conditions and limitations of such plan and the Municipality is only required to pay the premiums and has no further obligation.

19.03 The Municipality of Port Hope will arrange for twenty-four (24) hour coverage for 'member only' or twenty-four (24) hour coverage for 'member and family', subject to sixty percent {60%) or more participation from the Volunteers and subject to the Insurance Program availability and requirements.

19.04 One hundred percent (100%) of the cost of the premiums for the coverage noted in Article 19.03 shall be paid by the Volunteer at the time of enrolment and at the time of the annual renewal, as applicable.

19.05 It is understood that the Municipality of Port Hope may change Insurance carriers from time to time as long as a similar level of benefit coverage is maintained.

ARTICLE 20 - Medical Documentation

20.01 The Employer shall reimburse a Volunteer, with a receipt, a maximum of one hundred dollars ($1 00.00) for the costs associated with medical documentation requested by the Employer.

20.02 In exceptional circumstances when a Volunteer is not able to arrange for medical documentation at a cost less than or equal to the maximum cost, the Volunteer, prior to expending any cost, may request approval from the Fire Chief or designate for reimbursement of an alternate cost.



ARTICLE 21 -Volunteer Remuneration (Also refer to Schedule AVolunteer Remuneration)

21.01 Payment for 'Response' to Alarms

a) A minimum of one (1) hour shall be paid to any Volunteer that responds to the station, responds directly to the emergency scene, or stands by at the station.

b) The Volunteer shall be paid the 'Response' rate (see Schedule A) in accordance with these guidelines and calculated based on:

• When the Volunteer arrives at the station or emergency scene when notified by pager, of a response alarm ; OR

• From the time the Volunteer was requested to respond during an active alarm for the purposes of assistance on the scene or relief of other staff;

Until either:

• The time that the Volunteer left the scene and ceased involvement in the response alarm; OR

• The time that the Volunteer returned to the station to assist with the clean-up and return the apparatus and equipment back in service; AND

• The Volunteer is released from duty by the Officer in charge.

21.02- Payment for 'Other' Activities

The Volunteer shall be paid the 'Other' rate (see Schedule A) for activities such as: Attendance as a Committee member at a departmental Committee meeting (e.g. Joint Health and Safety Committee, Standard Operating Guidelines Committee) or while performing the work assigned as a Committee member; attendance as a witness or as required by subpoena at Court for a matter related to his Fire and Emergency Service duties; Fire investigation; Fire prevention (e.g. open house, fairs, public education); and 'other' activities as authorized by the Fire Chief or designate.

21.03 • Payment for 'Training'

a) The Volunteer who attends the scheduled training session shall be paid in accordance with the 'Training' rate (see Schedule A) to a maximum of two (2) hours per week, unless otherwise authorized in advance by the Fire Chief or designate.

b) In the event the training night is interrupted by an emergency response, the hour(s) or portion, in fifteen (15) minute increments, in attendance at the training shall be paid the 'Training' rate and the 'Response' rate shall apply for that time which qualifies for payment



to a Response.

21.04- Procedure for Response to Alarms

a) When Volunteers respond to the station following an alarm and the initial apparatus has already responded to the scene, all Volunteers are required to 'sign in' and have their 'sign in' time recorded by the highest ranking Officer or designate at the station.

b) Volunteers who responded to the station and did not respond to the scene, shall remain at the station until released by the Incident Commander or highest ranking Officer or designate at the station. While on stand-by, station duties shall be performed and are not limited to: cleaning, maintenance of equipment and/or facility, or other duties as directed by the highest ranking Officer.

21.05- Activities which are not compensated

The Volunteer would not receive payment for 'Volunteer events' as defined and communicated by the Fire Chief or designate.

21.06- Payment Processing Procedures

a) Volunteers would receive payment for their attendance at the paid activities noted in 21.01-21.03 inclusive, for the first one (1) hour and for each quarter (114) hour (15 minutes) thereafter.

b) The records of hours worked for 'Response', 10ther' or 'Training' shall be posted monthly on the software available at each station.

c) The Volunteer is responsible to ensure that the posted hours are reflective of the hours they have performed in that month. Any questions on hours or discrepancies must be discussed with the District Fire Chief within seven (7) days of the attendance document being posted (review period).

Where a Volunteer has an attendance discrepancy and has previously notified the Fire Chief or designate of their unavailability of seven (7) or more days during the review period, the Volunteer shall be provided the opportunity to present their concerns to address the discrepancy.

d) Failure to identify discrepancies within seven (7) days shall result in the hours being processed as recorded.

e) Payment of Volunteer hours will be processed monthly, on the second Thursday in a bi-weekly pay period for the previous month's earnings.

f) Hours paid will be subject to statutory payroll deductions, including but not limited to Canada Pension Plan, Employment Insurance,


.. yolunteer Firefighter Collective Agreement

Income tax.

g) Hours paid will be eligible for an additional four percent (4%) of wages paid in lieu of vacation.

h) Payment of the Honorarium as outlined in the Collective Agreement in effect at the time of negotiating this Collective Agreement, shall be administered up to November 30, 2016 and the hourly paid method as outlined above shall take effect as of December 1, 2016.

ARTICLE 22 - Subpoenaed Witness

22.01 A Volunteer who is required to appear as a subpoenaed witness relative only to his duties as a Volunteer with the Municipality of Port Hope shall be paid, upon proof of attendance as a witness, in accordance with Article 21.02 above and as detailed in Schedule A.

22.02 Where the Volunteer has received external payment to be a subpoenaed witness, the Volunteer shall turn over to the Employer the full amount of the payment received.

ARTICLE 23 - Uniforms

23.01 The Employer shall pay up to a maximum of $175 annually per Volunteer for the purposes of purchasing approved uniforms through the existing uniform contracts. This amount will remain the same for the duration of the Collective Agreement.

23.02 Should a Volunteers uniform be damaged to the extent of requiring a replacement and the Volunteer has expended the annual uniform maximum, then at the discretion of the Deputy Fire Chief, the Volunteer may be approved to purchase the uniform article(s) which require replacement.

23.03 When a Volunteer is first promoted to an Officer's position, the Employer will pay the costs to a maximum of four hundred and fifty dollars ($450) for a full dress uniform purchased through the existing uniform contracts.

23.04 The Employer will purchase twenty (25) Dress Uniforms (tunics) for the bargaining unit members during Year 2 and Year 3 of the Collective Agreement.

ARTICLE 24- Safety footwear

24.01 The Employer will provide to the Volunteer a bi-annual allowance up to one hundred and seventy-five dollars ($175) towards the purchase of one pair of approved station safety foot wear (black in colour), subject to providing a receipt.



24.02 The Volunteer may access the station safety footwear allowance two (2) years from the date of the last receipt.

ARTICLE 25- Licensing

25.01 The Volunteer shall maintain a valid, minimum class DZ driver's licence. Any costs to maintain the minimum class DZ driver's licence shall be paid by the Employer.

ARTICLE 26 - Retirement Recognition

a) Recognition of years of service shall be acknowledged on the retirement of all Volunteers who have served five (5) or more years of continuous service. Where a Volunteer has had broken service, where the previous years of service have not already been acknowledged at their initial retirement, the total of all years served with the Municipality of Port Hope will be acknowledged in accordance with established guidelines.

b) In recognition of the Volunteer's years of service, the Municipality of Port Hope shall provide a financial contribution, which may be used to assist with the costs of the retirement event (e.g. food, hall, beverages, and decorations) and/or to purchase a retirement gift or gift certificate for the Volunteer.

c) The financial contribution given is relative to the Volunteer's length of service with the Municipality as follows:

Years of Service Financial Contribution i

5 years to 9 years Up to $100

10 years to 14 years Up to$200 I

15 years to 19 years Up to$300

20 years to 24 years Up to$400

25 years and over Up to$500

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ARTICLE 27.0- Distribution of additional duties

27.01 Whenever there are extra duties that are required to be performed that are beyond the nature and scope of the Volunteers, and to ensure that such work is distributed in a fair and equitable manner, the parties have agreed to following:

27.02 a) All Volunteers who are interested in performing additional duties shall submit their interest in writing to the Administration Office between December 1st and December 1s'h, or June 15

' and June 1s'h of each year. In addition, a Volunteer shall submit their interest in the same manner for a period of fifteen (15) days following the ratification of this agreement.

b) Volunteers shall submit one (1) phone number to be used to contact the Volunteer when additional duties have become available

27.03 The list of Volunteers, who have submitted their interest to perform additional duties within the timelines identified, shall be recorded, posted in each station and the call list shall be effective immediately.

27.04 The Volunteers on the list noted in Article 27.03 shall be recorded and contacted in order of Seniority, until a Volunteer accepts the additional duty assignment.

27.05 For the next assignment of additional duties the Employer will call the Volunteer on the list whose name follows the Volunteer who last accepted an additional duty.

27.06 If the Employer calls and there is no answer the Employer shall leave a voice message, where able, and the Employer shall continue to call the next Volunteer on the list until the additional duty has been accepted by a Volunteer(s).

27.07 All accepted and/or rejected calls shall be recorded and documented for future purpose.

27.08 In emergency situations with Jess than eighteen (18) hours' notice of an additional duty, the Employer at its sole discretion shall have the right to utilize any available Volunteer to perform the work immediately. The aforementioned process would be adhered to for all other planned additional duties.

27.09 The parties agree that the hours worked and/or rejected that are above and beyond the normal scope of Volunteers shall be posted quarterly.

27.10 The Volunteer shall be paid in accordance with the 'Other' rate of pay as outlined in Schedule A.

27. 11 Duties that are determined to be station specific will be first offered to the members of that specific station who have indicated their

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desire to participate in performing additional duties. If the appropriate staffing levels cannot be achieved, the District Chief and or designate shall offer the opportunities to perform additional duties to the Volunteers from the master list of the other two stations.

ARTICLE 28- Service Alternatives

It is acknowledged by the Employer that Volunteer services shall be the primary option for fire service; however the Employer reserves the right to make alternative arrangements for the provision of fire services and, further, nothing in this Agreement shall limit the Employer s use of mutual aid to supplement the fire service.

ARTICLE 29- Agreement Costs

The parties shall share equally in the cost of an adequate supply of copies of the Agreement in a paper format.

ARTICLE 30- Term of the Agreement

This Agreement shall be for a term from February 4, 2016 to November 30, 2018 and from year to year thereafter unless either party gives such notice in writing to the other within the last three (3) months of the term of its desire to bargain with a view to the renewal, with or without modifications, of this Agreement.

Re: VFF Collective Agreement_2016.02.04 to 2018.11.30 Page22of25


Schedule A Volunteer Remuneration

ARTICLE 21.01 -Hourly 'Response' Pay

Effective Effective Effective Feb. 3, 2016 - Dec. 1, 2016- Dec. 1 , 2017 -Nov.30,2016 Nov. 30, 2017 Nov.30, 2018

Percent Increase 1.00%

Hourly Wage 1.50% to wage rate

Rank Differential

Pay according to Article 21.0 in Collective

Volunteer Agreement in 100.0% $25.00 $25.38 effect at time of negotiations, plus 1%

Lieutenant As above 106.00% $26.50 $26.90

Captain As above 112.00% $28.00 $28.42

ARTICLE 21.01 -Hourly 'Other' Pay

Effective Effective Effective Feb. 3, 2016 - Dec. 1, 2016 - Dec. 1, 2017 -Nov.30,2016 Nov.30,2017 Nov.30,2018


Hourly Wage 1.50% to wage rate

Rank Differential

Pay according to Article 21.0 in Collective

Volunteer Agreement in 100.0% $25.00 $25.38 effect at time of negotiations, plus 1%

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ARTICLE 21.01 -Hourly 'Training' Pay

Effective Effective Effective Feb. 3, 2016 - Dec. 1, 2016- Dec. 1, 2017 -Nov. 30, 2016 Nov. 30,2017 Nov.30,2018


Hourly Wage 1.50%

to wage rate

Rank Differential

Volunteer Pay according to Article 21.0 in Collective Agreement in 100.0% $25.00 $25.38 effect at time of negotiations, plus 1%

Training As above 102.00% 25.50 $25.88

Instructor

Lieutenant As above 106.00% $26.50 $26.90 I

Captain As above 112.00% $28.00 $28.42

Training Officer As above 116.00% $29.00 $29.44

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IN WITNESS WHEREOF the parties hereto have executed this Agreement.

Dated this day of , 20

f The Corporation of the Municipality of Port Hope:

C. Ryan Edgar Director of Fire a Emergency Services I Fire Chief

!fft:Z_ __ Greg Burns Deputy Mayor, Municipality of Port Hope

Gina ackson Human Resources Manager

Signed on Beh of the United Steelworkers:

Kevan Stewart USW International Representative

Mike Mitchell Union Bargaining Committee Representative

Joe Holmes Union Bargaining Committee Representative

Chris Howes Union Bargaining Committee Representative

Re: VFF Collective Agreement_2016.02.04 to 2018.11.30

£: .. 12./n I

ate

Date

JaN gc;eJJ 2017

Date

Date

Page25of25

UNinD STEELWORKERS

' ~ - ~--~'iif '*'"--·1M __ _

PORT HOPE Letter of Understanding

Between

The Corporation of the Municipality of Port Hope (hereinafter referred to as the Employer)

and

The United Steelworkers on behalf of the Port Hope Volunteer Firefighters (hereinafter referred to as the Union)

Re: Chief Training Officer Collective Agreement in effect February 4, 2016 to November 30, 2018

The parties hereby agree as follows:

That the current 'Chief Training Officer' position shall no longer exist, should the incumbent Bob Cranley vacate the position for any reason, at any time. It is agreed that Bob Cranley's rank of 'Chief Training Officer' shall apply for training purposes only and the rank of Captain shall apply for all other fire related duties.

While performing the responsibilities of the 'Chief Training Officer', Bob Cranley shall be compensated in accordance with Article 21.03 and Schedule A 'Training' rate for the 'Training Officer'. Compensation for 'Response' and 'Other' duties shall be paid in accordance with his rank and Article 21.01, 21.02 and Schedule A.

Further it is anticipated that during the term of the Collective Agreement, the Municipality may be reviewing the department organizational structure, including training and such may ultimately affect this position.

This Letter of Understanding shall only be in effect for the term of the Collective Agreement.

If of the Corporation of the Municipality of Port Hope:

Greg Burns Deputy Mayor

Emergency Services

Re: Letter of Understanding_ Chief Training Officer_2016

\~ \~1,-:t-Date Q 1

Date~- I

I I /;7 I

Page 1 of2

UNITED STEELWORKERS

18.¥ Letter of Understanding

Between

The Corporation of the Municipality of Port Hope (hereinafter referred to as the Employer)

and

The United Steelworkers on behalf of the Port Hope Volunteer Firefighters (hereinafter referred to as the Union)

Re: Chief Training Officer Collective Agreement in effect February 4, 2016 to November 30, 2018

Signed on behalf o the United Steelworkers:

Date USW Nationa' Representative

Chris Howes Date

Date USW Union RepresentaUve

"""'-Mike Mitchell Date

I

USW Union Representative

Re: Letter of Understanding_ Chief Training Officer_2016 Page2of2

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