COLLECTIVE AGREEMENT
BETWEEN
THE CORPORATION OF THE CITY OF KAWARTHA LAKES
-and-
KAWARTHA LAKES PROFESSIONAL FIREFIGHTERS ASSOCIATION
LOCAL 1701
Expires: December 31, 2023
-2INDEX
Page
ARTICLE 1 _ RECOGNITION CLAUSE
.3
ARTICLE 2 - RELATIONSHIP...
.3
ARTICLE 3 - MANAGEMENT RIGHTS
.4
ARTICLE 4 . HOURS OF WORK
.4
ARTICLE 5 - PROMOTION
.b
ARTICLE 6 - LAYOFF AND RECALL..,.
10
ARTICLE 7 - GRIEVANCE PROCEDURE
10
ARTICLE 8 - SALARIES...........
12
ARTICLE 9 - EXTRA DUTY PAY..........
15
ARTICLE
1O
- BENEFITS...........
16
ARTICLE 11 _ SICKNESS AND/OR ACCIDENT LEAVE PROVISIONS
19
SHORT TERM DISABILITY: .............
19
LONG TERM DISABILITY:..............
20
ARTICLE 12 - WORKERS COMPENSATION
20
ARTICLE 13 VACATIONS
21
ARTICLE 14 - LEAVE OF ABSENCE ...........
22
BEREAVEMENT LEAVE ..............
22
COMPASSIONATE LEAVE
23
ASSOCIATION LEAVE
23
EDUCATIONAL 1E4VE ...............
23
ARTICLE 15 - UNIFORM AND EQUIPMENT...............
24
ARTICLE 16 - HEALTH AND SAFETY COMMITTEE............
26
ARTICLE 17 - LEGAL FEES
26
ARTICLE 18 - BEDS AND BEDDING .........
27
ARTICLE 19
27
-
TECHNOLOGICAL CHANGE
ARTICLE 20 _ CONTRACTING OUT.,... ... ARTICLE 21
-
STAFFING........
27
28
ARTICLE 22 - DURATION AND RENEGOTIATION...............
28
LETTER OF AGREEMENT RE: VACATION ENTITLEMENT...
30
-3COLLECTIVE AGREEMENT
BETWEEN: THE CORPORATION OF THE CITY OF KAWARTHA LAKES (hereinafter called the "Employer")
-andKAWARTHA LAKES PROFESSIONAL FIREFIGHTERS ASSOCIATION
LOCAL 1701 (hereinafter called the "Association") Whereas the parties hereto have agreed to enter into this agreement for the purpose of more effectually defining duties, privileges, working conditions and remuneration, and to establish the best possible working conditions so as to develop and maintain a spirit of cooperation between the Employer and the Association and to promote and establish an efficient Fire and Rescue Service; NOW THEREFORE THIS AGREEMENT WITNESSETH:
ARTICLE 1 - RECOGNITION CLAUSE 1.01
The Employer recognizes the City of Kawartha Lakes Fire and Rescue Service, Local 1701, as the exclusive bargaining agent for the full time firefighters as described by the Fire Protection and Prevention Act with the exception of the Fire Chief, Assistant- Fire Chief(s) and clerical staff employed at the Fire and Rescue Service in the City of Kawartha Lakes as covered by the classifications set out in Schedule "A" of this Agreement.
ARTICLE 2 - RELATIONSHIP 2.O1
The Employer agrees that there will be no interference with the rights of the firefighters to become members of the Association, and there shall be no discrimination, interference, restraint or coercion by the Employer or
-4any of its representatives because of a firefighter's membership or connection with the Association. 2.02
The Association agrees that there will be no discrimination, interference, restraint or coercion exercised or practiced by the Association, or representatives of the Association to any member of the City of Kawartha Lakes Fire and Rescue Service who is not a member of the Association.
2.03
The Employer shall deduct and submit monthly to the Association Treasurer dues as set, from all full time firefighters upon their completion of the probationary period.
2.04
The Association shall be given thirty (30) days' notice of any proposed changes to any operating policies or procedures such as but not limited to by-laws, general orders, directives or standard operating guidelines (SOG) governing employees excluding changes from any applicable legislation.
2.05
The Association will automatically receive a copy of any amended by-laws governing the employees.
2.06
All full-time employees of the Kawartha Lakes Fire & Rescue Services who are now members of the Assoeiation shall remain members of the Association in good standing as a condition of employment, and all new employees of the Kawartha Lakes Fire & Rescue Services shall become members of the Association and shall continue their membership in good standing as a condition of continued employment.
ARTICLE 3 - MANAGEMENT RIGHTS 3.01
The Employer and Association agree that there will be no interference with the Employer's business, and recognizes that it be the exclusive right of the Employer to maintain order, discipline and efficiency, to hire, discharge, promote and demote employees, provided that a claim of discriminatory promotion, demotion and transfer or a claim by an employee that he/she has been discharged or disciplined without just cause may be the subject of a grievance and dealt with in accordance with Article 7.
ARTICLE 4 - HOURS OF WORK 4.01
It is recognized that the business of the Fire and Rescue Service is continuous and the employees must be prepared to maintain service to the citizens at all hours of the day and night (in accordance with the Fire Protection and Prevention Act re: Workinq Hours)
-54.O2
(a)
(b) (c)
(d) (e) 4.03
(a)
The employees in the Lindsay station shall be required to work an average of forty-two (42) hours per week on a two platoon system consisting of a day shift (starting at 08:00 hours) of ten (10) hours for four (4) consecutive days, followed by four (4) consecutive days off duty, followed by a night shift (starting time 18:00 hours) of fourteen (14) hours for four (4) consecutive nights, followed by four (4) consecutive nights off duty, on a rotating basis. ln addition to the above, the employees may be required to work up to an average of forty-two (42) hours per week averaged over an eight (8) week period. The employees in the Bobcaygeon and Omemee stations shall be required to work forty-two (42) hours per week Monday to Friday, until such time as the Firefighters are reassigned to Lindsay division.
The Emergency Vehicle Technician (EW) shall be required to work forty-two (42) hours per week, Monday to Friday. The Platoon Chief shall work a forty (40) hour work week, Monday to Friday. The Fire Prevention Officer and Fire lnspector(s) shall work a forty (40) hour work week, Monday to Friday, in order to perform the duties of fire prevention and other duties as required by the Fire Chief.
(b)
The normal hours of work shall be four (4) ten (10) hour days with the following conditions, provided that the related conditions of 4.03 (c) are met. (i) With the exception of stat holidays and weekends, a minimum of two (2) fire prevention personnel will be scheduled on duty.
(ii) Employees shall not be regularly scheduled to work on a statutory holiday. In the week in which the statutory holiday falls the employees scheduled work days may have to be adjusted.
(c)
Hours of work specified above may be changed by mutual consent between the Fire Chief and the employee to include weekend and/or evening work in order for staff to participate in fire prevention and fire safety programs. Weekend and/or evening work will be at
-6the employee's straight time hourly rate and such work shall form part of the forty (40) hour work week.
(d)
In order for the Employer to continue to observe the provision of four (4) ten (10) hour days, the following conditions must exist: (i) The provision of working four (4) ten (10) hour days is relatively cost neutral compared to working five (5) eight (8) hour days. (ii) That service levels to the community are not negatively impacted or reduced.
ln the event the above conditions are not met, either party reserves the right to withdraw their mutual agreement to the four (4) ten (10) hour days; two (2) months advance notice will be given.
(e)
ln the event that the Fire Prevention Officer and Fire Inspector(s) is sent on a training course which encompasses five (5) working days and that the employee's regular work week is four (4) days at ten (10) hours each, the employee's work days/hours shall change to five (5) days at eight (8) hours per day for the duration of the training course and the employee shall not be paid overtime pay.
4.04
It is understood that nothing in the above schedule of hours of labour will prevent the Fire Chief/designate granting the request of any two (2) employees to change shift or days off.
4.05
Any employee scheduled to attend any five (5) consecutive days fire training course at Fire College and his/her normalwork schedule is Saturday and/or Sunday prior to attendance at such course will be entitled to Saturday and/or Sunday off work, and upon completion of the course will be entitled to Saturday and/or Sunday off work, if scheduled to work. Any employee scheduled to attend any fire training course on a nonscheduled work day will be compensated at a maximum of ten (10) or eight point four (8.4) hours of their standard rate of pay or equivalent time off.
ARTICLE 5 - PROMOTION 5.01
All employees will be upgraded through the increment periods stated and conditional upon successful completion of written and practical tests of the City of Kawartha Lakes Fire and Rescue Service. All tests shall be based
-7on the established training program of the City of Kawartha Lakes Fire and Rescue Service.
INCREMENT PERIODS Probation
6 months or 3 months with past experience
Class Fourth Class Third Class Second Class
Six (6) months
Fifth
One (1) year One (1) year One (1) year
The following increments are effective for employee(s) hired after January
1,2020. INCREMENT PERIODS:
Probation Fifth Class Fourth Class Third Class Second Class
6 months Six (6) months One (1) year One (1) year One (1) year
5.02
Notwithstanding this article, the Employer reserves the right to hire firefighters with extensive experience as career firefighters into a probationary period paid at a higher class than the Probationary Class.
5.03
Total number of years to First Class Firefighter - minimum of three (3) years and nine (9) months, for employees hired after January 1,2020 minimum of four (4) years. Pay increases for the increment periods shall be paid within thirty (30) days of the Employee anniversary date of each increment and with successful promotion to the next higher class.
5.04
Upgrading between Probation and First Class Firefighter shall be determined by the Fire Chief/designate and should be based on written, oral, practical and personal assessment, each accountingfor25o/o of the Total Mark. Personal Assessment shall be an evaluation of the individual
-8by the employee's Captain and the Fire Chief/designate, for the purpose of promotion only. 5.05
Upgrading tests of firefighters shall be conducted on or before the anniversary date of their employment with the Department. An overall average mark of 7Oo/o qualifies an employee for the next classification and salary adjustment. ln the event that an applicant fails to obtain 70o/o, he/she shall have the right to be re-tested within 60 days of being advised of the test results. lf the non-probationary firefighter again fails to obtain 70o/o on the retesting, he/she shall not have the right to be re-tested until the occasion of his/her next anniversary date. ln the event the probationary firefighter does not obtain 7oo/o on the third (3) attempt, termination from employment will result. Such termination is not subject to the grievance or arbitration procedures and does not constitute a difference between the parties.
5.06
All Firefighters shall obtain a minimum of the officer program as outlined below:
Emplovee Classification Actinq Captain lnspector Captain Fire Prevention Officer Platoon Chief
Officer Program Level Officer 1
Firelnspectorl &2 Officer 2 Officer 1 and Fire Inspector 1 & 2 Officer 3
Employees will have three (3) years to complete the required program(s); extensions to the timelines may be granted by the Fire Chief ln the event of vacancy new incumbent(s) will have three (3) years to complete the required program. 5.07
5.08
Where the Employer determines that a vacancy in a position occurs, the position will be posted internally within thirty (30) days.
(a) (b)
(c)
Promotion above the rank of First Class will be based on skill, ability, qualifications and experience. ln determining the factors in (a), the selection process shall include but not be limited to an oral interview and a written test.
Where the factors in (a) are equal (exactly the same) between two (2) or more candidates, then seniority shall govern.
-9-
(d) (e)
An appointee with a minimum of ten (10) years service from the Firefighter Association will be a member of the selection panel as an observer only. Postings for open or new classifications shall remain for thirty (30) days.
5.09
The seniority for persons hired on the same day shall be determined by the order of their letters of offer. The order of the letters of offer will be determined by the recruitment process scoring, the person with the highest score in the recruitment process will be offered the position first.
5.10
When a new classification is created, the Employer shall meet with the Union and shall discuss the terms and conditions of the new position. New positions shall be posted in accordance with 5.07.
5.11
Lateral Transfers
(a)
(b) (c) (d)
(e) 5.12
Employees with more than four (4) years of full-time service in any division may submit a written request to the Fire Chief to move to another division. The Fire Chief or designate, in his sole discretion, may grant or deny such requests. Non-officers, who are approved for a lateral transfer, will not change classification as a result of a transfer. Officers, who are approved for a lateral transfer, will be moved to the classification of First (1st) class as a result of a transfer. ln all instances of lateral transfers, the affected employees will be subject to a six (6) month trial period. lf at any time prior to the conclusion of the six (6) month period the Employer finds the employees performance unsatisfactory through performance evaluation and competency testing, both employees involved in the lateral transfer shall be returned to their former positions. Vacancies which result as of a successful transfer of an Officer, will result in a job posting in accordance with Article 5.07 and promotion conditions as per Article 5.08 will apply.
Article 5.11 above is separate and distinct from the responsibilities of Employers and employees under the Ontario Human Rights Code. ln instances where the accommodation process occurs, the above process may be considered.
-105.13
Any employee not originally hired by the City of Kawartha Lakes, or its predecessors, that requests a transfer to a firefighting division must have an acceptable fitness test that is valid at the time of the request for transfer or must have held one at the original time of hire.
ARTICLE 6 - LAYOFF AND RECALL 6.01
Employees shall be given written notice of layoff ninety (90) days prior to the effective day of lay off in the event any lay off of firefighters shall occur.
6.02
Should a lay off or a consequent organizational demotion of an employee or employees be planned, it is recognized that despite the manner in which the factor of seniority may apply in other instances, that seniority shall govern in the event of a lay off or the organizational demotion of employees. This will result in the last employee to be hired being the first employee to be laid off, in the case of employees below an officer rank and it will result in the last employee to be promoted to an officer rank, being the first to be demoted. ln the event of recall, employees shall be recalled in the inverse order of lay off. Officers shall be restored to their respective former officer ranks in the inverse order of their demotion from those ranks when organizational needs so dictate.
ARTICLE 7 - GRIEVANCE PROCEDURE 7.01
The Employee Grievance Committee may consist of a maximum of three (3) members. The Employer shall be informed of any changes of the members of this Committee. All decisions in regard to the procedures set out in Steps 1 to 4 below shall be given in writing. The employment of probationary employees may be terminated at any time during their probationary period without recourse to the grievance or arbitration procedures set out herein:
Grievance Form: A properly constituted grievance shall consist of and contain (a) a written statement describing the complaint; (b) the article(s) of the Collective Agreement alleged to have been violated, misapplied or misinterpreted; (c) the relief or remedy sought; (d) signed by the grievor(s) and the Association; (e) dated; and (0 on a form supplied by the Association
-'t1 Step 1 Any employee covered by this agreement who is of the opinion that he/she has been unjustly disciplined, suspended, discharged, or subjected to discriminatory action, shall discuss his/her complaint with the Employee Grievance Committee. Failing a satisfactory decision from the Committee, the Employee may refer his/her complaint in writing to the Grievance Committee and must do so within seven (7) days of the occurrence. Step 2 The Grievance Committee, if it deems the grievance has merit, shall present it in writing to the Fire Chief/designate within three (3) days excluding weekends and statutory holidays. The Fire Chief/designate shall deliver his/her decision in writing within five (5) days, excluding weekends and statutory holidays, after the presentation of the grievance. In the event the Fire Chief/designate meets with the Employee Grievance Committee, the employee involved may be present. Step 3 Failing a satisfactory settlement, within seven (7) days after the decision of the Fire Chief/designate, the employee concerned, together with the Employee Grievance Committee, shall submit the grievance in writing to the Corporate Services Manager, Human Resources. A meeting shall be held with the Corporate Services Manager, Human Resources within ten (10) days following receipt of such application. The Corporate Services Manager, Human Resources shall render a decision within ten (10) days of this meeting. Step 4 Failing a satisfactory settlement within thirty (30) days after the decision of the Corporate Services Manager, Human Resources, the grievance may be referred to arbitration. 7.02
Any time limit mentioned in the above steps may be extended, in writing and by mutual agreement of the Employer and the employee.
7.03
ln the event of Grievance Arbitration, the terms of reference in all cases shall not provide authority to an arbitrator to amend, add, or delete to or from, the provisions of this agreement. ln a case involving disciplinary action, an arbitrator shall have the right to uphold, annul, or modify the measures imposed based upon the facts and evidence presented.
7.04
All notations of a disciplinary nature or action will be removed from all firefighters files after two (2) years from the date of the original disciplinary action being taken provided that no further notations have been added during this time period. ln the case of incidents involving members of the
-12public, the record will remain on file for three (3) years from the date of the original disciplinary action, unless reversed at arbitration or by settlement. 7.05
Once per calendar year, an employee has the right to review their personnel file within five (5) days of requesting it in writing to the Corporate Services Manager, Human Resources. When reviewing their files they shall do so in the presence of the Employer and shall have the right to Union representation. The employee shall have the right to make copies, of any material contained in his/her personnel record. The first twenty (20) copies shall be at the Employer's expense.
ARTICLE 8 - SALARIES 8.01
Rates shown in "Schedule A" are the amounts of salary for the negotiated
term. Salaries shall be paid on a bi-weekly basis. SCHEDULE "A"
-
SALARY GRID
For Emplovees Hired Prior to Januarv 1. 2020
Job Title Platoon Chief Captain/FPO lst Class FF lnspector/EVT 2nd Class FF lnspector/EVT 3rd Glass FF lnspector/EVT 4th Glass FF lnspector/EVT Sth Class FF lnspector/EVT Probationary FF/lnspector/EVT
Percentage 5% greater than Captain
1-Jan-19
1-Jul-19
1-Jan-20
lJul-20
1-Jan-21
1-Jul-21
$1 18,790
$119,978
$122.231
$123,270
$124,503
$125 624
1160/o
$113,133
$114,265
$116,411
$117,400
$118,574
119 642
lOOo/o
$98,377
$99,361
$100,354
$101,207
$102,219
103 139
95o/o
$93,458
$94,393
$95,336
$96,147
$97,108
982
85o/o
$83,620
$84,457
$85,301
$86,026
$86,886
$az 668
75o/o
$73,783
$74,520
$75,266
$75,905
$76,664
$77
70o/o
$68,864
$69,552
$70,248
$70.845
$71,553
$72 197
65o/o
$63,945
$64,584
$65,230
$65.785
$66,443
$oz 041
-13Job Title Platoon Chief
Percentaqe 5% greater than Captain
1-Jan-22
1-Jul-22
1-Jan-23
1-Jul-23
$127.974
$129.061
$130,352
$131,656
117o/o
$121,880
$122.916
$124,145
$125,386
100%
$104,171
$105,056
$1 06.1 07
$1 07.1
95%
$98,962
$99,803
$100.801
$101,809
85o/o
$88,545
$89.298
$90,1 91
$91,093
Captain/FPO lst Class FF lnspector/EVT 2nd Class FF lnspector/EVT 3rd Glass FF lnspector/EVT 4th Glass FF lnspector/EVT Sth Glass FF lnspector/EVT
75o/o
$78,128
$78.792
$79,580
$80,376
70o/o
$72.919
$73,539
$74,275
$75,017
Probationary FF lnspector/EVT
65o/o
$67.711
$68,286
$68,969
$69,659
68
For Emplovees Hired After to Januarv 1. 2020
Job Title Platoon Ghief Captain/FPO 1st Class FF lnspector/EVT 2nd Glass FF lnspector/EVT 3rd Glass FF lnspector/EVT 4th Class FF lnspector/EVT Sth Class FF lnspector/EVT Probationary FF lnspector/EVT
Percentage 5% greater than Captain
1-Jan-19
1-Jul-l9
lJan-20
l-Jul-20
1..lan-21
1-lul-21
$118,790
$119,978
$122,23"1
$123,270
$124,503
$125
11 60/o
$1 1 3,1 33
$114.265
$116,411
$117,400
$118,574
$11
100o/o
$98,377
$99.361
$100.354
$101.207
$102,219
$t
89%
$93,458
$94,393
$89,315
$90.074
$90.975
$gt 794
78o/o
$83,620
$84,457
$78,276
$78.942
$79,731
449
690/o
$73,783
$74,520
s69.244
$69,833
$70,531
58o/o
$68,864
$69,552
$58,205
$58,700
$59,287
821
560/o
$63,945
$64,584
$56,198
$56,676
$57.243
7 758
139
1
166
-14Job Title Platoon Ghief Captain/FPO lst Glass FF lnspector/EVT 2nd Class FF lnspector/EVT 3rd Class FF lnspector/EVT 4th Glass FF lnspector/EVT Sth Glass FF lnspector/EVT Probationary FF lnspector/EVT 8.02
Percentage 5% greater than Captain
1-Jan-22
1-Jul-22
1-Jan-23
1-Jul-23
$127,974
$129,061
$130.352
$131 .656
117o/o
$121,880
$122,916
$124.145
$125.386
100o/o
$104,171
$105,056
$106,107
$1 07.1
89o/o
$92,712
$93,500
$94,435
$95,379
78o/o
$81,253
$81,944
$82,763
$83,591
690/o
$71,878
$72,489
$73,214
$73,946
58o/o
$60,419
$60,933
$61,542
$62,157
560/o
$58,336
$58,831
$59,420
$60,014
68
Recognition Pay Recognition Pay consists of 3o/o,6% and
9o/o
after 10, 17 and 23 years.
Recognition pay shall form part of the base pay and shall be paid to all bargaining unit members on their anniversary dates in respect of all forms of pay for all purposes including pensionable earnings but excluding sick leave payout on retirement or termination of employment if such payment is provided for currently. 8.03
ln the absence of the Captain or Acting Captain from his/her normal on duty hours, the senior qualified Acting Captain on duty shall be paid at the rank of the employee replaced. Recognition pay will be applied based on the years of service for the employee performing the acting duties. ln the absence of the Fire Prevention Officerfrom his/her normal on duty hours, the senior lnspector on duty shall be paid at the rank of the employee replaced. Recognition pay will be applied based on the years of service for the employee performing the acting duties.
8.04
8.05
During a call back when no officer is present, the senior firefighter shall be paid as an Acting Captain for all hours worked as such.
(a)
Where employees are required to use their own vehicle for an authorized trip outside of the City of Kawartha Lakes, they shall be
-15paid the current municipal mileage rate between the normally assigned work location and the authorized destination. Such mileage shall not be paid more than once per week for any destination. (ln other words, if the employee is on a one-week course outside of the City of Kawartha Lakes and used his/her vehicle for more than one round-trip in the week, he/she shall nevertheless be paid mileage for one roundtrip only.)
(b) 8.06
When employees are requested to use their personal vehicle after arriving at their assigned station they shall be paid at the current municipal mileage rate.
The Employer shall not make any deductions from a Members' salary or banked time owing unless authorized by the affected Member or by Statute, Court Order, Arbitration or this agreement. lf the City, in error, over pays an employee, then the parties agree that the payback of the money will be made at a reasonable rate per paycheque.
ARTICLE 9 - EXTRA DUTY PAY 9.01
Employees shall be paid for extra duty at the rate of time and one-half the standard rate of pay which shall apply to all hours worked or parts thereof, (paid in fifteen (15) minute increments) for continuous duty hours worked past normal working hours, also hours spent in court if the reason for such court attendance is in connection with some aspect of firefighter's work. Extra duty will be at time and one-half, based on the hourly rate of annual salary divided by 2184.
9.O2
Employees who are called back to work shall receive a minimum of three (3) hours straight time, or time and one-half the standard rate of pay for each hour worked or part thereof. Call-back will be paid at time and onehalf, based on the hourly rate of annual salary divided by 2184.
9.03
Employees who teach prescheduled training courses to Volunteer Firefighters shall receive time and one-half wages or time and one-half off, for all hours or parts thereof, of instruction time. Such time off shall be taken by January 31st of the following calendar year at a time mutually acceptable to the Fire Chief/designate and the employee. All training time will be based on the hourly rate of annual salary divided by 2184.
9.04
For complete extra shifts worked by an employee on his/her off days, the employee shall be remunerated for ten (10) hours computed at time and one-half calculated by dividing the annual salary by 2184 to establish the hourly rate.
-169.05
The Employer shall endeavour to ensure that all lieu days will be paid in the pay period in which they fall, unless a prior request has been received from an employee for time off in lieu of payment: such time off is to be computed at the rate of time and one-half. Such time off may accumulate and may be held over to be taken as holidays in the following year. Any such accumulated time off is to be taken at a time mutually agceptable to the Fire Chief/designate and employee. Lieu days will be remunerated at the rate of time and one-half the hourly rate for ten (10) hours or at the rate of time and one-half the hourly rate for eight (8) hours for employees working eight (8) hour shifts.
9.06
Lieu days shall be those listed as follows New Years Day Good Friday Easter Monday Civic Holiday
Canada Day Labour Day Victoria Day Boxing Day
Thanksgiving Day Remembrance Day Christmas Day
and any National Holidays declared by the Federal Government and/or Council. An employee shall have the option of receiving equivalent time off in lieu of payment for any extra hours or parts thereof. An employee may establish a renewable lieu time bank of up to one hundred and forty-four (144) straight time hours. Such hours shall be taken at a time mutually agreed between the Fire Chief/designate and the employee.
9.07
ARTICLE 10.01
1O
- BENEFITS The Employer shall pay 100% of the premiums for Group Life lnsurance Policy for the following amounts of coverage, namely
(a) (b) (c) (d)
Two (2) times annual base salary for each employee of the Fire and Rescue Service; $10,000.00 on each spouse of such employee, and $5,000.00 on each child of such employee; Double indemnity for job related deaths on each employee of the Fire and Rescue Service; Accidental death and dismemberment.
-17 10.02
-
The Employer shall pay 100% of the premiums for Green Shield or another carrier of equal coverage for:
(a)
Extended Health & Drug lnsurance;
(i) (ii) (iii) (iv) (b)
$10/$20 deductible dispensing fee cap of eight ($8.00) dollars Semi-privatehospitalcoverage Audio coverage $500 once every two (2) years
Para Medicals;
(i) (ii)
Massage at $500.00 per calendar year Chiropractic at $500.00 per calendar year Effective January 1,2020 Massage Therapy and Chiropractic will be a combined total of $1,500,00.
(c)
Dental lnsurance; (i) (ii) (iii)
(iv) (v)
Basic plan Ontario DentalAssociation fee schedule minus one (1) year Nine (9) month recallfor adults, six (6) month recallfor children eighteen (18) years and under Orthodontic coverage for children, 507o reimbursement, $4000 lifetime maximum Effective January 1,2021 Major Restorative coverage at 50% reimbursement, maximum $2,000.00 per year.
(d)
Deluxe Travel Plan;
(e)
Vision Care; (i)
$380.00 every twenty four (24) months, to be used towards eye exam, corrective lenses or eye surgery. Effective January 1,2020 $450.00 every twenty four (24) months, to be used towards eye exam, corrective lenses or eye surgery. Effective January 1,2022 $550.00 every twenty four (24) months, to be used towards eye exam, corrective lenses or eye surgery.
10.03
Employees will be provided with benefit booklets reflecting current benefit coverage. Where the specific provisions conflict with the benefit booklet, the benefit booklet shall be deemed to be accurate.
-1810.04
Retirees: The Employer shall pay 100% of the premiums under Article 10.02 (a), (b), (c), (d) and (e) with the exception of (a) (iv) audio coverage, as amended from time-to-time for employees retiring at age sixty (60), or for employees with twenty (20) years of continuous service with the City of Kawartha Lakes and retiring at, or after, age fifty five (55), or upon reaching the eighty five (85) factor under the OMERS Pension Plan and when not otherwise covered, but only until such retirees reach age sixty five (65), at which time the said payments will cease. Effective January 1,2020 retirees will be eligible for audio coverage in accordance with Article 10.02 (a) (iv). Retiree Health Gare Spendins: Effective January 1,2020, for employees retiring after this date the Corporation will provide a Health Care Spending Account (HCSA) for the purpose of reimbursement for medical or dental expenses which meet Canada Revenue Agency's (CRA) definition of allowable deductible medical or dental expenses for private health services plans. The eligible expenses of the member's eligible spouse at time of the member's retirement may also be claimed under the HCSA benefit (combined maximum of $3,000.00 as per below). Claims for reimbursement must be made first through the Ontario Health lnsurance Plan (OHIP), the Ontario Drug Plan (ODP) or such other public or provincial insurance plan as may be applicable. Reimbursement will be provided to the extent that the expenses above exceed the coverage available from OHIP, ODP or other applicable public insurance plan. Retirees are eligible for the HCSA if they meet the requirements for retiree benefits pursuant to Article 10.04 (a).
The amount of the HCSA will be to a maximum of $3,000.00 (combined member and spouse if applicable) per year and will commence immediately following the retirees 65th birthday and will end on the day of their 75th birthday. Eligibility for the HCSA does not survive the retiree. The Retiree HCSA will be non-cumulative. There is no redeemable cash value. ln the event that the eligible retired employees (and spouse when applicable) do not exhaust the maximum entitlement for the year, the balance cannot be carried over into the subsequent year. The administration of the HCSA will be administered by the third party insurance provider and the Association will be provided with all available information regarding the HCSA program.
-19The plan will have no retroactive application to those individuals who have retired prior to January 1,2020. 10.05
Employee entitlement to El rebate to be used to offset payment of premiums.
10.06
Professional Licences Effective January 1,2019, the Employer shall pay the medical costs associated with the required driver's licence renewal to a maximum of $150.00.
ARTICLE 11
-
SICKNESS AND/OR ACCIDENT LEAVE PROVISIONS
SHORT TERM DISABILITY: 11.01
All eligible employees who have completed six (6) months service will be entitled to receive disability benefits as a result of non-occupational accident or sickness as per the schedule below and as further specified in article 11.02. Benefits will commence on the first day of disability due to an accident or sickness and will be payable for up to seventeen (17) weeks for any one disability. To receive 100% of full net wages while
Length of Service
disabled for: less than 6 months 6 months but less than year 1 year but less than 2 years 2 years but less than 3 years 3 years but less than 4 years 4 years but less than 5 years 5 years but less than 6 years 6 years but less than 7 years 7 years but less than 8 years
0 weeks 1
To receive 66 213% of full net wages while disabled for:
week
17 weeks 16 weeks
2 weeks
15 weeks
3 weeks
14 weeks
4 weeks
13 weeks
5 weeks
12 weeks
7 weeks
10 weeks
9 weeks
8 weeks
11 weeks
6 weeks
l
-20 8 years but less than 9 years Over 9 years
13 weeks
4 weeks
17 weeks
0 weeks
11.02
The maximum number of weeks of disability coverage at 100% of pay in any one (1) calendar year shall depend on an employee's length of service with the Employer at the time of the accidenUillness and range from zero (0) to seventeen (17) weeks in conformity with the schedule set out in article 11.01 above. lf an employee returns to work in a calendar year and then absents himself/herself again due to the same injury/illness, his/her disability coverage shall resume from where it left off. (For example, if the employee received ten (10) weeks coverage for the first absence, he/she would be eligible for a further seven (7) weeks coverage for subsequent absences caused by the same injury/illness in the same calendar year.)
11.03
At the Employer's discretion, a qualified medical doctor's certificate may be required before benefits are paid beyond three (3) days. Effective January 1,2012, the Employer shall pay the reasonable cost for a medical certificate or report where it is required by the Employer.
LONG TERM DISABILITY: 11.04
The City of Kawartha Lakes shall pay 100% of the billed premium to provide a Long Term Disability Plan with the benefits being outlined below:
Waiting Period:
17 weeks (upon the termination of disability
benefits pursuant to article 11.01above)
ol basic monthly earnings to a maximum monthly benefit of $6,500.00
Benefits:
75o/o
Benefit Period:
up to the age of 65 or retirement
Definition of Disability:
24 months own occupation
Employees will be provided with benefit booklets reflecting current benefit coverage. Where the specific provisions conflict with the benefit booklet, the benefit booklet shall be deemed to be accurate.
ARTICLE 12 . WORKERS COMPENSATION 12.01
Where an employee receives compensation pursuant to the Workplace Safety and Insurance Act, 1997, the Employer shall pay to the employee the full net wages to which the employee would otherwise be entitled. For
-21 -
the purpose of this article, "full net wages" shall mean gross wages less any applicable statutory and other deductions regularly taken from the employee s gross wages. ln other words, the employee would receive no more or no less than his/her base wages (as per Schedule A) he/she would have received had the employee actively been at work. ARTICLE 13 - VACATIONS 13.01
Employees will be allocated their annual entitlement on January 1st of each calendar year on the basis of the years of continuous service realized in the same calendar year. An employee leaving the service of the Employer mid-year shall have his/her vacation pay prorated for that calendar year.
(a) (b) (c) (d) (e) (f)
13.02
Employees, during their first part year of continuous employment, shall be granted two (2) weeks pro-rated vacation with pay. Employees, shall be granted two (2) weeks vacation in the calendar year in which the employee's first (1st) full year of continuous service falls; Employees, shall be granted three (3) weeks vacation in the calendar year in which the employee's fourth (4th) full year of continuous service falls; Employees, shall be granted four (4) weeks vacation in the calendar year in which the employee's tenth (1Oth) full year of continuous service falls; Employees, shall be granted five (5) weeks vacation in the calendar year in which the employee's fifteenth (1Stn; full year of continuous service falls; Employees having over fifteen (15) years of continuous service shall be granted one additional day of vacation with pay for every two (2) years of continuous service thereafter to a maximum accumulation of six (6) weeks vacation time (which includes vacation under Article 13.01) with pay. Employees shall have the option of receiving equivalent pay in lieu of time off at the standard rate of pay for vacation time for those employees entitled to more than five (5) weeks vacation time.
For the purposes of Article 13.01 , a vacation week shall consist either of one four day cycle of ten (10) hours shifts or one four night cycle of
-22fourteen (14) hour shifts or one five day cycle for those employees working less than ten (10) hours per shift. 13.03
13.04
13.05
An employee leaving the service of the Employer mid-year shall have his/her vacation pay prorated for that calendar year. Should the employee leave his/her employment having used more than the prorated amount of vacation for the calendar year, then the Employer shall withhold or make a deduction from the employee's wages. Where an employee is hospitalized and/or recovering from surgery during his/her vacation period, there will be no deduction from vacation credits for the period of hospitalization. The period of vacation so displaced shall be rescheduled at a later date. Written confirmation of the above, from the authorized medical professional, will be required using the City of Kawartha Lakes return to work form. Vacations must be taken within the twelve (12) month fiscal year (January - December). ln special circumstances, carry over may be arranged at the discretion of the chief.
13.06
An unpaid leave of absence of forty-five (a5) calendar days or more per year or a Long Term Disability leave shall reduce the vacation pay and earned vacation proportionately except in the case of pregnancy/parental leave, in which case vacation time per 13.01 shall continue to accumulate but vacation pay shall be pro-rated.
This article does not apply to absences taken using vacation and/or lieu time.
ARTICLE 14 - LEAVE OF ABSENCE BEREAVEMENT LEAVE 14.01
(a)
An employee shall be granted five (5) working days leave without loss of salary or benefits in the case of the death of a parent, wife, husband, brother, sister, child, step-child, step-siblings, mother-inlaw, father-in-law, common-law spouse, common-law spouse parents, step parents or second degree relative who has been residing in the same household, with the approval of the Fire Chief/designate. Common-law spouse shall be defined as a person with whom the employee has been living in a conjugal relationship for a minimum period of two (2) years.
-23 -
(b)
An employee shall be granted two (2) working days leave without loss of salary or benefits in the case of the death of a grandparent, g randch ild, brother-in-law, sister-in-law, son-i n-law, or daug hter-i nlaw, aunt or uncle.
(c)
An employee shall be granted four (4) hours leave without loss of salary or benefits to serve as a pallbearer at the discretion of the Fire Chief/designate, which shall not be unreasonably withheld.
(d)
ln the event that bereavement leave is required while an employee is on a pre-scheduled paid vacation or approved time off, such paid vacation or approved time off shall be re-credited to the employee.
COMPASSIONATE LEAVE 14.02
An employee shall be granted three (3) working days leave without loss of salary or benefits in the case of illness of a parent, wife, husband, sister, brother, child, mother-in-law, father-in-law, common-law spouse, commonlaw spouse parents, step parents or any second degree relative who has been residing in the same household with the approval of the Fire Chief/designate. Common-law spouse shall be defined as a person with whom the employee has been living in a conjugal relationship for a minimum period of two (2) years.
ASSOCIATION LEAVE 14.03
The Association will be allowed a total of sixteen (16) person days in any one (1) contract year for employees to attend Fire Association conventions, seminars, or executive meetings at the standard rate of pay and provided such attendance does not cause payment by the Employer to cover relief or overtime costs for firefighters attending such conventions, seminars or executive meetings of the Association. The Fire Chief/designate shall be advised of the intention to attend such meetings at least twelve (12) days prior to the event.
EDUCATIONAL LEAVE 14.O4
The Employer will pay $10.00 per day for incidental expenses to an employee who attends any fire training course at Fire College or any other course or seminar that requires lodging, provided that such seminar or training course is authorized by the Fire Chief/designate. All costs of courses attended by the employee will be paid for by the employer.
-24 ARTICLE 15 - UNIFORM AND EQUIPMENT 15.01
(a)
The point-value allotted to each employee for the purpose of ordering additional clothing items shall be six hundred (600) clothing points per annum. Employees will be allowed to carryover, from year{o-year, a maximum of one hundred points (100) per annum.
Employees shall use their allotted clothing points to purchase additional or replacement items of clothing from the following point-schedule: Points
Clothinq ltem
200 200 200
Tunic (includinq flashers) Dutv Jacket (including flashers & epaulets) Parka % lenqth (includinq flashers & epaulets) Dress Pants Sweater (rib-knit, includinq flashers & epaulets) Dress Cap Soft Shell Jacket (including flashers) Fleece Quarter Zip (including flashers) Fatigue Cargo Pants Dress Shirt (long/short sleeve, white or blue, including flashers and epaulets) Fatigue Shirt (long/short sleeve, including flashers and epaulets) CAFC Cap Badqe Belt T-Shirt (including silkscreen fire logo on front and Fire Rescue on back) Toque (includino embroidered fire department loqo) Tie (clip-on) Epaulet Slip-ons (including identifying rank & Canadian flag)
80 60 50 120 40 30 28 25 20 20 20 12
06 20
(b)
Clothing points are allotted to individual Employees; they may not be transferred to another Employee.
(c)
An employee who retires during any given year shall have their clothing points allotment pro-rated to reflect the number of months they were employed, getting 1l12th of their allotment for each month, or part thereof, of their employment.
(d)
Employees absent for periods in excess of one (1) year shall be entitled only for the clothing points allotment for the year in which
-25 -
they commenced their leave. Upon their return to work, employees shall be entitled to a pro-rated clothing points allotment, getting 1l12th of their allotment for each month, or part thereof, from the date of their return to work for the year in which they return.
(e) (0
All clothing, uniforms and items issued remain the property of the Corporation, and Employees shall maintain all clothing, uniforms, and issued items in a neat, clean and serviceable condition. The list of uniforms and clothing items may be altered at the committee level with approval of the Fire Chief.
15.02
The Employer shall pay, by deposit, to each employee at the time of the first pay in June of each year, the amount of one hundred and twenty-five dollars ($125.00), effective January 1,2020 one hundred and fifty dollars ($150.00) as a shoe allowance, for safety shoes, which shall be worn.
15.03
Each firefighter shall be supplied with protective clothing for fire fighting duty consisting of the necessary rubber boots, mitts, waterproof coat and helmet at the discretion of the Fire Chief/designate.
15.04
(a)
(b)
Probationary employees shall receive two (2) fatigue shirts, two (2) pair of fatigue cargo pants and safety shoes during their first week on duty. ln the event of termination of employment before completion of the probationary term, the cost of fatigues and safety shoes shall be recovered from the employee through payroll deduction. Upon completion of probation, each new employee shall be issued the following clothing allotment:
Quantity Clothing ltem
2 2 1 4 1 1 1 1
Fatigue Shirts (long/short-sleeve, with flashers and epaulets) Fatigue Cargo Pants Sweater (rib-knit, with flashers and epaulets) T-shirts (with departmental identification) Bomber Jacket with removable liner (with flashers) Belt Toque Full Dress Uniform (includes: 1 Tunic, 1 Dress Pant, 2 Dress Shirts, 1 Cap with badge, 2 clip-on ties)
-26 -
(c)
Upon successful completion of probation a new employee shall have their first clothing point allotment pro-rated to reflect the number of months they are employed after completion of probation, getting 1l12th of their allotment for each month, or part thereof, of their employment in the first year.
15.05
The Employer shall arrange for clothing tenders for the supply of uniforms and clothing to the employees to be called no later than March 1't of each year.
15.06
The Employer agrees to provide a tool allowance of three hundred dollars ($3001 annually, payable in the last pay of November to apply to the EW. Any tools belonging to the employee shall be covered by the Employer's insurance policy against theft or loss while on the Employer's premises, including the City's mobile vehicle.
ARTICLE 16 - HEALTH AND SAFEry COMMITTEE 16.01
It is mutually agreed that a Health and Safety Committee shall be organized and established within the City of Kawartha Lakes Fire and Rescue Service consisting of equal representation from the Employer and from firefighters (Association) for the purpose of review and study of all aspects of Health and Safety procedures and precautions within the City of Kawartha Lakes Fire and Rescue Service operations.
ARTICLE 17 - LEGAL FEES 17.01
The Employer shall reimburse an employee for reasonable legal fees (as may be assessed pursuant to the Solicitor's Act or as agreed upon by the Employer) incurred as a result of any civil or criminal proceeding taken against or in respect of an employee arising out of the employee's actions while engaged in his/her duties on behalf of the Employer, to the degree that the employee is successful in the proceeding (i.e. the employee is acquitted of criminal charge(s) or in a civil action, the employee shall be reimbursed the percentage of legal fees for which he/she was not found liable (e.g. if found 20o/o liable, S0o/o of the employee's legal fees are subject to reimbursement)).
-27 ARTICLE 18 - BEDS AND BEDDING 18.01
The Employer shall provide and maintain appropriate beds and bedding for employees working between 23:00 hours and 07:00 hours. These facilities may be utilized by employees when they have no other duties or responsibilities.
ARTICLE 19
- TECHNOLOGICAL
19.01
Wherever possible, the Employer agrees to meet with the Executive Committee of the Association at least ninety (90) days in advance of the implementation of a substantial technological or substantial mechanization change which would result in the displacement or lay-off of a Fire Fighter.
19.02
The purpose of the meeting will be to discuss the technological change and its effect on Fire Fighters
19.03
Where the ninety (90) day time frame set out in 19.01 is not practicable such meeting will be held as early as possible in advance of the proposed changes.
19.04
No change shall be made in the employment status of any Fire Fighter consequent upon introduction and/or implementation of substantial technological change or changes in mechanization without first giving the Fire Fighter thirty (30) days notice.
19.05
Wherever possible, the Employer agrees to meet with the Executive Committee of the Association in advance of the implementation of minor technological change or minor mechanization affecting employees. The Employer will provide information and training pertaining to the change and a reasonable implementation time frame will be established between the parties.
ARTICLE 20
-
20.01
Except to the extent and to the degree agreed upon by the parties, or to the extent of the current practice as it relates to volunteer firefighters, or in the case of an emergency, no work customarily performed by an employee covered by this agreement shall be performed by another employee or by a person who is not an employee of the Corporation.
CHANGE
CONTRACTING OUT
-28 ARTICLE 21 - STAFFING 21.01
The parties acknowledge and agree that the Employer shall regularly employ no fewer than twenty-two (22) full-time employees in the bargaining unit represented by the Kawartha Lakes Professional Firefighters Association - Local 17.01.
ARTICLE 22 - DURATION AND RENEGOTIATION 22.01
This agreement shall remain in force and effect from the first (1st) day of January, 2019 to the thirty-first (31st) day of December,2023.
22.02
ln the event of either party desiring or proposing any changes or alterations in the agreement, such party shall give to the other party not less than sixty (60) days written notice before the renewal date.
The parties shall agree upon a meeting date to occur within ninety (90) days of such notice being given. At this first meeting date, both parties will exchange proposed changes or additions that they wish to make. The time line for this meeting may be extended by mutual agreement Both parties shall then negotiate in good faith in respect to the matters which it is proposed to change or add, and the remaining provisions shall automatically renew themselves as aforesaid. 22.03
The members of the Association shall name, appoint or otherwise select a negotiating committee of not more than four (4) full time firefighters. The Association shall have the assistance of a representative of the Association present if desired during negotiations.
22.04
The Employer shall recognize and deal with the said committee with respect to any matter which properly arises from time-to-time during the term of this agreement.
22.05
Articles open for renegotiation shall remain in full force and effect until such time as a new collective agreement has been settled.
22.06
lf either party fails to appoint its member or if the two members fail to agree upon an arbitrator or if the arbitrator so appointed shall fail or be unable to serve and another arbitrator is not appointed in his/her place, the appointment shall be made by the Ministry of Labour upon request of either party.
-29 22.07
The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision and the decision shall be final and binding upon the Employer and the employees affected by it.
22.08
The decision of a majority shall be the decision of the Arbitration Board, and if there is no majority, the decision of the Chairperson shall govern.
DATED at Lindsay, Ontario,
this
FOR THE ASSOCIATION:
,?3 day ot Nnie *n\-e-r
.2o2o
FOR THE EMPLOYER:
5,3-.-.,-
l0,A'",
c
-30LETTER OF AGREEMENT
Between THE CORPORATION OF THE CITY OF KAWARTHA LAKES
And THE KAWARTHA LAKES FIREFIGHTERS ASSOCIATION Local 1701
The parties herby agree as follows Regarding the administration of Vacation Entitlements:
The parties hereto agree that because Tim Brasier was required to complete one year of service before entitlement to any paid vacation, an accrual of vacation remains owing to him for the period from their hire date to December 31st to bring him up to the January st unearned allocation. 1 No further claim to this accrual will be made by any other member of the Association
This amount will be paid based on the vacation entitlement at the time the employment ends.
DATED at Lindsay, Ontario, this
FOR THE ASSOCIATION:
13
day of
t\n)e-*nbp-f
,2020
FOR THE EMPLOYER:
r,
/^thr