HomeMy WebLinkAbout07 346 Tripartite Agreement (2008-2009) By-law
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2007 - 346
BEING A BY-LAW TO ENTER INTO A TRIPARTITE
AGREEMENT WITH EMPLOYEES OF THE MUNICIPALITY OF
KINCARDINE
AND WHEREAS Sections 8 (1) and 9 of the Municipal Act, 2001, S.O. 2001,
c.25, as amended, provide that the powers of a municipality under this or any
other Act shall be interpreted broadly so as to confer broad authority on the
municipality to enable the municipality to govern its affairs as it considers
appropriate and to enhance the municipality's ability to respond to municipal
issues and has the capacity, ;ights, powers and privileges of a natural person for
the purpose of exercising its authority under this or any other Act;
AND WHEREAS By-law No. 2000-141 was passed on the 8th day of November,
2000 to establish personnel policies for the employees of the Municipality of
Kincardine;
AND WHEREAS By-law No. 2004-165 was passed on the 3'" day of November
2004 to amend the above mentioned personnel policies by-law to refiect the 2005,
2006 & 2007 negotiation settlements with the employees of the Municipality of
Kincardine;
AND WHEREAS the Council fa; The Corporation of the Municipality of Kincardine
deems it expedient to enter into an agreement, to refiect the 2008, 2009 negotiation
settlements, with the employees of the Municipality of Kincardine;
NOW THEREFORE the Council of the Corporation of the Municipality of Kincardine
ENACTS as follows:
1.
That The Corporation of the Municipality of Kincardine enter into a
Tripartite Agreement with the employees of the Municipality, attached
hereto as Schedule 'A',
2,
That the provisions provided herein supercede any by-laws which are
inconsistent with the provisions provided in this by-law.
3.
That By-laws No. 2000-141 and No. 2004-165 are hereby repealed.
4.
This by-law shall come into full force and effect upon its final passing.
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Tripartite Agreement (2008 - 2009)
By-law No. 2007 - 346
5,
This by-law may be cited as the "Tripartite Agreement (2008 -2009)
By-Law".
READ a FIRST and SECOND time this 14th day of November, 2007.
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Clerk
READ a THIRD time and FINALLY PASSED this 14th day of November, 2007.
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This is Schedule ~. to By-Law
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No. {,., passed the ~ -oay
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TRIPARTITE AGREEMENT
This AGREEMENT made this 14+1--- day of Novembe.....,200fr
BETWEEN:
THE EMPLOYEE GROUP
THE SENIOR MANAGERS GROUP
MUNICIPALITY OF KINCARDINE
TO CONSOLIDATE AND ESTABLISH PERSONNEL
POLICIES FOR EMPLOYEES OF
THE MUNICIPALITY OF KINCARDINE
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Page #2
TRIPARTITE AGREEMENT
Table of Contents
SECTION PAGE #
ABSENCE WITHOUT LEA VE----------------------------------------- 19.0 16
ACCEPTABLE COMPUTER USE--------------------------------------- 50.0 40
ALCOHOL/DRUG/EMOTIONAL PROBLEMS------------------------ 47.0 35
ANNUAL EMPLOYEE EV ALUATION--------------------------------35.0 23
ANNUAL V ACATIONS--------------------------------------------------16.0 13
BEREAVEMENT/COMPASSIONATE LEA VE----------------------- 23.0 17
CODE OF ETHICS ------------------------------------------------------- 48.0 36
COMPLAINT PROCEDURE----------------------------------------- 45.0 29
CONFERENCE AND CONVENTIONS------------------------------- 27.0 19
DEF~ITIONS-------------------------------------------------------------------- 1.0 4
DISCIPLINARY PROCEDURE----------------------------------------------49.0 39
DRESS CODE--------------------------------------------------------------22.0 17
EARLY RETIREMENT BENEFITS---------------------------------- 43.0 28
EFFECTIVE DATE------------------------------------------------------------- 54.0 42
EMPLOYEE ADVANCEMENT AND RECLASSIFlCATION---------36.0 24
EMPLOYEE RECOGNITION PLAN------------------------------------33.0 22
EMPLOYER RIGHTS--------------------------------------------------- 2.0 6
HARASSMENT POLlCY-------------------------------------------- 46.0 31
HOURS OF WORK -------------------------------------------------------11.0 II
ILLNESS WHILE ON V ACATION-------------------------------------- 38.0 25
INTERNET ACCESS AND ACCEPTABLE USE--------------------- 51.0 40
INTERVIEW PROCEDURES--------------------------------------------- 9.0 9
JOB CLASSIFICATION AND EVALUATION------------------------- 4.0 7
JURY AND COURT DUTIES---------------------------------------------24.0 18
LEAVE OF ABSENCE--------------------------------------------------- 18.0 16
LIFE ~S., ACCIDENTAL DEATH AND DISMEMBERMENT-------41.0 27
LONG TERM DISABILlTY-------------------------------------------------- 40.0 27
MANAGEMENT OF USERS-------------------------------------------- 53.0 42
MEDICAL BENEFITS--------------------------------------------------- 39.0 26
MEET~G ALLOW ANCE----------------------------------------------- 31.0 21
NEPOTISM & COUNCIL RELA TIONS---------------------------------- 7.0 8
NEGOTIATION PROCESS -------------------------------------------- 34.0 23
NEW POSITION CREATION---------------------------------------- 5.0 7
OFFlCE HOURS------------------------------------------------------------- 14.0 13
OVERTIME, LIEU TIME-----------------------------------------------12.0 11
PAID HOLIDAYS-------------------------------------------------------- I 7.0 14
PENSION BENEFITS AND RETIREMENT ---------------------------26.0 18
PREGNANCY/PARENTAL/ADOPTION LEA VE--------------------- 25.0 18
PROBATION---------------------------------------------------------------10.0 10
RECRUITMENT & HIRING POLlCY--------------------------------- 6.0 8
REGULAR REMUNERATION---------------------------------------------- 3.0 7
REPORTING ABSENCE-----------------------------------------------------20.0 16
SHIFT PREMIUM---------------------------------------------------------29.0 20
SICK LEA VE----------------------------------------------------------------37.0 24
SOFTWARE LICENSES, ACQUISITION, ~ST. & SUPPORT--------52.0 41
Page #3
SECTION PAGE#
SPECIAL DEDUCTIONS & BENEFIT------------------------------ 44.0 29
ST AFF TRAINING------------------------------------------------------15.0 13
ST AND-BY REMUNERATION---------------------------------------- 30.0 20
STEP-UP P AY------------------------------------------------------------- 32.0 21
STORM POLICY------------------------------------------------------- 28.0 19
STUDENTS/CASUAL/CONTRACT EMPLOYEES W AGES--------13.0 12
TERMINATION------------------------------------------------------------ 21.0 16
'VACJ\1\ICIES---------------------------------------------------------------------- 8.0 9
WORKPLACE SAFETY AND INSURANCE BOARD------------------42.0 27
SCHEDULES
"A" CLOTmNG J\1\ID BOOT ALLOW J\1\ICE -------------- 44
"B" MILEAGE RA TE/NOTES (PRIVATE 'VEHICLE)------ 46
"c" EXPENSE ALLOW J\1\ICES- CONFERENCES &
CON'VENTIONS --------------------------------------- 47
"D" SENIOR MANAGEMENT EMPLOYEES ------------- 48
"E" SHIFT PREMIUM RATES ------------------------------- 49
"F" STAND-BY REMUNERATION --------------------------- 50
"G" GROUPS OFFERED/NOT OFFERED BENEFITS---- 51
"II" J>>j\1{ (;~ -------------------------~----------------------------- :;2
"I" SENIOR MANAGERS' AGREEMENT -----------------54
"J" COMPUTER PURCHASE GUIDELINES...................55
The aforementioned Schedules are attached hereto and form part of this
agreement.
Page #4
1.0 DEFINITIONS
1. I In this Agreement, the following definitions will be nsed:
(a) Anniversary Date
Anniversary date shall mean the date upon which the employee becomes a
regular full-time or regular part-time by means of Council resolutionlby-
law.
(b) Bona fide Retirement
An employee is deemed to have a bona fide retirement if they have
continuous service greater than 10 years. The intent of this defmition is to
recognize and reward employees who truly retire and not those who
invoke their own terminate.
(e) C.A.O.
The term "C.A.O," means the Chief Administrative Officer of the
Municipality of Kincardine.
(d) Casnal Employee
The term "Casual Employee" means any person who works on an irregular
basis or on a call-in basis as required from time to time by the
Corporation. Casual Employees shall not receive benefits or P.LL.B.
(e) Contract Employee
The term "Contract Employee" shall apply to any individual who agrees,
by means of a formal employment contract, to provide services to the
Corporation for a specific period of time for a set amount of remuneration.
In no event will an employment contract be written for a period in excess
of one year. Further, contract positions are entitled to a payment in lieu of
benefits at a rate of 12 Yi%. Contract employees do not accrue or
accumulate service/seniority with the Corporation. All employment
contracts must have budget approval in conjunction with the Senior
Manager and Human Resources sign-off.
(t) Corporate Services
The term "Corporate Services" means the standing committee of Council
to which the Human Resources Department reports.
(g) Corporation
This term refers to The Corporation of the Municipality of Kincardine.
(h) Council
Council shall mean the Mayor and elected officials of the Corporation of
the Municipality of Kincardine.
(i) CPI
Consumer Price Index. The CPI is tracked by utilizing federal statistics of
the Canadian rate on an October to October basis. Note: the October CPI
is released in November.
OJ Dnal Job Employee
A dual job employee is a regular full time employee that works two
separate regular part-time positions in a 12 month period.
(1<) Employee
The term "Employee" means any person employed by The Corporation of
the Municipality of Kincardine and who receives remuneration through
payroll, for services provided. "Employee" does not include volunteers or
Council.
Page #5
OJ Emptoyees Group
Employees Group (re: negotiations) shall mean all regular full-time and
regular part-time employees (with the exception of volunteer firefighters,
contract workers and casual employees).
(m) Employer
The term "Employer" means The Corporation of the Municipality of
Kincardine.
(n) ESA
Employment Standards Act
(0) Gender
The designation "she" or "he" shall be interchangeable throughout this
documentation and shall be deemed to mean a "person" as defined under
the Canadian Charter of Rights.
(P) Human Resources Department
The term "Human Resources Department" means the administrative
department staffed by the CAO, Director of Recreation and Executive
Assistant.
(q) Immediate Family
The term "Immediate Family" means spouse, grandmother, grandfather,
father, mother, brother, sister, child or grandchild, stepparents, step
brother/sister, step child, father-in-law or mother-in-law of the employee
sister-in-law, brother-in-law, aunt, uncle, niece, and nephew. Common law
and same sex spouses shall be deemed to be spouses.
(r) Job Evaluation Committee (J.E.C.)
The term "Job Evaluation Committee" shall mean a committee appointed
by the Human Resources Department to make an independent evaluation
of job task listings in accordance with the Job Chart International System.
The lEC shall be representative of the workforce.
(s) Municipality
The tenn Municipality" means The Corporation of the Municipality of
Kincardine.
(t) OMERS
The term "OMERS" means the basic pension plan provided by the Ontario
Municipal Employees Retirement System.
(u) Overtime
"Overtime" means any authorized hours in accordance with Section 12.
(v) P.I.L.B
PILB shall mean payment in lieu of benefits (12 Y2 %)
(w) Probationary Employee
The term "Probationary Employee" shall apply to all persons appointed to
regular full-time and regular part-time positions until such time as they
have successfully completed all the requirements outlined in Section 10.0
Probation.
(x) Red Circling
Red Circling shall mean the temporary freezing of an employee's wage
rate until such time as the grid catches up to the rate.
Page #6
(y) Regular earnings
The term "Regular earnings" shall mean the basic pay to an employee,
and does not include overtime earnings, vacation pay, shift differential,
stand-by pay, meeting allowance, bonuses, workers' compensation
benefits, long term disability payments, or lump sum payments, but does
include retroactive pay adjustments for basic pay.
(z) Regular Full-time Emptoyee
The term "Regular Full-time Employee" shall apply to any employee who
is engaged for an indefinite period of time and is regularly scheduled to
work not less than 35 hours per week.
(lUl) Regular Part-time Emptoyee
The term "Regular Part-time Employee" shall apply to any employee who
has been employed to work for an undetermined duration on a regular year
round basis and whose hours of work are consistently less than the
standard work week for the appropriate or comparable full-time
classification.
(bb) Seasonat Emptoyee
The term "Seasonal Employee" shall apply to any employee who has been
employed to work for a specific season on an automatic recurring basis
and whose weekly or daily hours may vary within the maximum
permissible under legislation.
(cc) Senior Manager
The term "Senior Manager" shall apply to and include all employees
designated by the titles: Chief Administrative Officer, Public Works
Manager, Treasurer, Clerk, Building & Plamring Manager, Director of
Recreation and the Administrative Fire Chief.
(dd) Shift Premium
Shift Premium is paid to employees who work outside their normal
working hours and do not receive overtime for these hours.
(ee) Students
Students shall mean an individual who works their regular scheduled
school vacation period.
(ft) Volunteer Fireperson
Covered under By-Law 2004-160 (Fire Department ReguIatiug By-Law)
2.0 EMPLOYER RIGHTS
2.1 The Employer has and shall retain the exclusive right to govern the affairs of the
Municipality.
2.2 The Human Resources function shall be managed by the Human Resources
Department ofthe Municipality.
2.3 The Human Resources Department shall have the right to minor interpretations of
this agreement. Minor interpretations, once made, will be e-mailed to the
secretary of the Employee Groups. Major interpretations of this Agreement shall
be first negotiated with the Employee Groups, prior to being brought to the
Corporate Services Committee/Council for review and by-law passage.
2.4 The Employer in exercising the aforesaid function shall do so in accordance with
the provisions of this Agreement, and all applicable laws of the Province of
Ontario.
Page #7
2.5 Nothing in this Agreement shall be construed as imposing any personal liability
upon an individual who is an employee of the Municipality of Kincardine to
administer policies of the Municipality ofK.incardine.
3.0 REGULAR REMUNERATION
3.1 Employees shall receive remuneration for their position. Effective the 1st day of
January annually, the salary ranges for each pay grade set out in Schedule "H"
shall apply for those who qualif'y.
3.2 Each employee shall receive hislher pay ou pay day; pay day beiug biweekly. For
employees who receive an annual salary, their biweekly pay shall be determined
by dividing their annual salary by the number of pay periods in the particular
year.
3.3 The pay period for the Municipality shall commence at 12:01 a.m. on the Sunday
of every other week.
3.4 Employees must have their pay deposited directly to their bank account.
3.5 When an employee begins work with the Corporation, the necessary forms will be
completed to facilitate direct deposit. It will be the responsibility of the employee
to inform the Treasury Department of any change to banking information.
3.6 All retroactive increases in wages and salaries shall be paid to the employees
within four weeks of the date of the passage of the by-law adopting the salaries.
4.0 JOB CLASSIFICATION AND EVALUATION
4.1 The Human Resources Department shall be responsible for ensuring that
personnel are classified initially in accordance with Schedule H of this agreement.
Grade and Salary levels for new positions shall be established prior to hiring
utilizing the Job Chart System.
4.2 The Human Resources Department will establish rates of pay and shall confirm
these decisions at the next regular scheduled meeting of the Job Evaluation
Committee. The grade will be included on the hiring motion.
5.0 NEW POSITION CREATION
Coverage:
All positions in the Corporation
Statement: The Corporation will develop new positions within the
Municipality in a consistent manner.
5.1 Procedure:
(a) When the need for a new position arises, the Senior Manager develops a
task list in consultation and conjunction with the Human Resources
Department as per the Job Chart International format. The Human
Resources Department provides a draft in an accepted Municipality
format.
(Ii) The Draft Task List is presented to the Chief Administrative Officer for
review and approval of content.
(c) The position is evaluated by the Human Resources Department and then
re-evaluated at the next regular scheduled meeting of the Job Evaluation
Committee. Any increase as a result shall be retroactive to the hire date.
Page #8
(d) In the event that the J.E.C. evaluates a position lower than the posted rate
(with review statement in posting) the job holder's rate -will be red circled
at that time.
6.0 RECRUITMENT & HIRING POLICY
Coverage: All regular full-time, regular part-time, recurring seasonal, casual and
contract employees.
Statement: The Corporation will diligently practice fair and consistent hiring
practices in all areas, and will work to ensure that these practices are
followed in all areas.
6.1 Procedure
(a) Council shall appoint the Chief Administrative Officer and all Senior
Managers by by-law.
(b) Regular part-time, regular full-time and recurring seasonal staff shall be hired
by resolution of Council, as per interview procedure, Section 9.0.
( c) All contract, student and casual employees shall be hired by the Senior
Manager within their approved budgets. Senior Managers shall provide hiring
reports/forms to the Human Resources Department.
(d) The V ohlllteer Firefighters hiring process is regulated by By-Law 2004-160.
7.0 NEPOTISM & COUNCIL RELATIONS
Policy Statement:
This policy has been created to eliminate any hiring practice that may have the
potential of conflict (real or perceived), when recruiting, managing or terminating
employees of the municipality.
Specifically, this policy will outline both nepotism and councillor relations with
respect to our human resources procedures.
7.1 Section 'A' Nepotism:
1. Recruitment and hiring shall not take place if it would create a supervisory
relationship in the recruiting department between immediate family members as
defined in the consolidated personnel agreement.
2. To clarify this nepotism position, it is also made clear that section #1 does not
apply to other departments of the municipality if the family relationship does not
have a potential conflict with the supervisory relationship.
7.2 Section ~B' Council Relations
1. Any family relations (immediate family as defined in the consolidated personnel
agreement) of a member of Council may apply to the Corporation for employment
subject to:
A. The Council member (whose relation has applied) may not participate, comment
or apply any influence in the human resource hiring process.
B. In order to avoid a nepotism conflict, Councillors' immediate family will not be
eligible for positions of Senior Managers or higher in the Corporation.
7.3 Section 'c' Nepotism and Council Relations Interpretation
Step #1: All interpretations ofthis policy shall be referred to the Human Resources
Department of the Municipality of Kincardine.
Page #9
Step #2: Appeals to Step #1 decisions shall be made within seven days, in writing,
to the Corporate Services Committee.
Step #3: All decisions of the Corporate Services Committee shall be final and not
subject to appeal. Decisions of the Corporate Services Committee shall be
in writing and available within thirty-one days of the submitted appeal
request.
Step #4: Corporate Service's decision shall be communicated to Council
8.0 VACANCIES
8.1 Vacancies for positions in the Municipality of Kincardine shall be initially advertised
internally for five (5) business days. If a suitable qualified candidate cannot be found
internally, then the position shall be advertised externally through available channels.
8.2 Internal vacancies are open to all qualified Municipality of Kincardine employees,
which include:
- Regular Full-time
~ Regular Part-time
- Seasonal (Recurring)
- Employment Contract and Casual employees that have accumulated more than 910
hours.
- Volunteer Firefighters
8.3 Students are excluded from internal postings.
8.4 Probationary employees can not apply for positions that are advertised internally until
their probation period is complete or the position is advertised externally, whichever
comes first.
8.5 The tenn "qualified candidate" shall mean a person who meets the standards as
outlined in the job posting.
8.6 The employer will consider existing qualified employees prior to considering external
candidates.
Note: The Municipality has the right to hire the best candidate for the job based on
qualification and interview performance.
8.7 The Senior Manager shall in cooperation with the Human Resources Department
establish job posting requirements and qualifications. The minimum standard shall be
Grade 12 and/or industry related experience.
9.0 INTERVIEW PROCEDURES
9.1 For the C.A.O. position, the interview team shall consist of the Mayor, Council and
an external consultant.
9.2 For Senior Manager positions under the direct supervision of the C.A.O., the
interview team shall consist of the Mayor, Committee Chairperson, Chief
Administrative Officer and one external consultant.
9.3 For supervisory positions the interview team shall consist of the Human Resource
department (2 members) and the senior manager.
9.4 For other regular full time, regular part time, casual, contract and seasonal positions
the interview team shall consist of the senior manager, departmental representative
and the Human Resources Department (1 member).
9.5 Student interview teams shall consist of a minimum of two permanent full-time
departmental employees.
9.6 Reference checks:
(a) Reference checks are conducted to obtain additional or substantiating information
concerning an applicant.
Page # 10
(b) Personal and professional reference checks will be undertaken on all prospective
employees by the Human Resources Department or by the Departmental
representative prior to any formal offer of employment.
9.7 Employment Market Demands
To meet employment market demands it may be required to negotiate with the
preferred candidate
(a) Payment of moving expenses, wages and vacation shall be decided on a case-by-
case basis by the Human Resources Department.
10.0 PROBATION
Coverage: All Regular Full-time and Regular Part-time Employees
Statement: All newly hired employees shall be subject to a probationary period from
the date of hire.
10.1 (a) Full-time Employees
Regular full-time employees shall be on probation for six months from the most
recent date of hire as a full time employee.
Prior to the completion of the probationary period, the Senior Manager shall
review the performance during the probationary period with the employee and
advise the Human Resources Department of the employment continuation
decision. The employee and senior manager will be notified in writing regarding
the Human Resources Department decision.
(b) Part-time Emptoyees
Regular part-time employees shall be on probation for a period of 910 working
hours from the most recent date of hire.
Prior to completion of the probationary period, the Senior Manager shall review
the performance during the probationary period with the employee and advise the
Human Resources Department of the employment continuation decision. The
employee and senior manager will be notified in writing regarding the Human
Resources Department decision.
10.2 General
(a) It is the responsibility of the Senior Manager to ensure that the performance of a
probationary employee is monitored and the proper documentation completed and
forwarded to the Human Resources Department.
(b) The decision to dismiss a probationary employee will be made by the Senior
Manager in consultation with the Human Resources Department and Council will
be notified.
( c) After completion of the probationary period, seniority for the purpose of salary
grid increases shall be effective from the employee's most recent date of hire.
(d) Longstanding employees who have worked greater than 5 years and who are
awarded a new Corporation position, shall be subject to a 3 month probationary
period. (The original, regular status hire date shall be their seniority date for
vacation i.e., your previous amriversary date shall be maintained).
Page #11
11.0 HOURS OF WORK
Coverage: All employees
Statement: In order to administer its affairs as efficiently and effectively as possible,
and in the best interest of the general public, the Corporation will establish
hours of work, including shift work if required, for all job classifications.
11.1 Hours of Work
(a) "Dav" shall mean seven hours for those employees employed on a 35-hour per
week basis, and shall mean eight hours for those employees employed on a 40-
hour per week basis, with the exception of the Davidson Centre "day" shall mean
ten hours for the Inside Maintainers' employed on a 40-hour per week basis.
(b) Fifteen minute break periods and a lunch period shall be provided in accordance
with the ESA.
I 1.2 F1ex Time
(a) Flex time schedules shall be approved by the Senior Manager. Flex time
schedules are a privilege and as such may be withdrawn by the Senior Manager if
conditions warrant.
(b) Core hours must be maintained.
12.0 OVERTIME. LIEU TIME
(Non-Management Employees)
12.1 (a) Regular full time employees overtime will consist of any authorized hours by an
eligible employee in excess of 35 hours in a calendar week for a 35 hour per week
employee or more than 40 hours in a calendar week for a 40 hour per week
employee.
(b) Regular full-time employees are paid at 1 Y2 times the hourly rate. Lieu time
taken means 1 lf2 hours off for each hour worked.
(c) Employees should try to use up all accumulated overtime by the eud of the
calendar year. Overtime not taken as lieu time or paid by the year-end must have
senior manager approval to carry forward into the next year.
(d) Overtime records shall be kept by the senior manager. Please note: the overtime
hours shall also be documented on the employees timesheet.
( e) All overtime to be paid must be documented on the timesheets and note hours
actually worked not hours to be paid.
(f) All overtime hours must be authorized by the employee's immediate supervisor in
advance. The only exception to this rule is in the case of a working supervisor
requiring staff for emergency situations; i.e. snowplowing, pump alarms, etc.
(g) Overtime accumulated between December 1 st and December 31 st may be carried
over to the next calendar year.
12.2 CaH1n
Non-management employees are entitled to receive minimum overtime
compensation of two hours at time and a half for called-in overtime; i.e. the
employee has been called back to work from home. Overtime hours worked as the
result of a call in beyond 2 hours, or as an extension of normal working hours for
the day shall receive overtime compensation or time off in lieu for each
completed thirty (30) miuute period worked by tbe employee.
Page #12
12.3 Regular Part- Time/Recurring Seasonal/Contract!StudentlCasual
(a) Overtime shall only be accumulated if the employee works more than 44 hours in
one week.
(b) Overtime may be banked, with Senior Manager approval, and shall be
documented by the Senior Manager.
(c) All overtime to be paid shall be documented on the hi-weekly timesheets and note
hours actually worked not hours to be paid.
(d) All overtime hours must be authorized by the employee1s immediate supervisor in
advance. The only exception to this rule is in the case of a working supervisor
requiring staff for emergency situations; i.e. snowplowing, pump alarms, etc.
(e) Overtime shall be paid, or with the consent of the employee, taken off in lieu at
time and one-half.
12.4 Senior Management Employees
(a) This section applies to employees designated as senior management employees in
Schedule "D" attached to aud fonning part of this Agreement.
(b) The Municipality will endeavour to provide adequate resources to enable each
department to meet the objectives and level of service required without excessive
overtime being incurred. Senior Management employees are expected to manage
the resources of their department and their own time using proper delegation, time
management and other management principles, in order to meet the objectives and
level of service established by the Municipality without incurring excessive
overtime.
(c) Senior management employees shall, on a regular basis, keep the Chief
Administrative Officer informed of excessive workloads or unyielding deadlines
which may cause overtime in order that alternate solutions may be investigated,
while ensuring that the objectives and level of service required by the
Municipality be maintained. The Senior Manager shall also provide the CAO
with proposed solutions and alternatives to assist in solving the problem.
(d) The Chief Administrative Officer shall be required to report to the Mayor on the
subject of his overtime in the same manner as the other management employees
do to the Chief Administrative Officer.
(e) All overtime shall he documented ou the bi-weekly timesheets.
13.0 STUDENTS ICASUALS ICONTRACT EMPLOYEES WAGES
Coverage: Students/Casuals/Contract employees' employed by the
Corporation
Statement: The Corporation of the Municipality of Kincardine has established
wage rates for employees of the Corporation in order to provide
consistency among all departments in the remuneration of such
employees.
13.1 Coutract employeesshall be paid step I of the pay grid position plus P .1.L.B.
(The prohationary period shall he stipulated in the contact).
13.2 Casual employees shall he paid 15% less thau Step I Grade 4.
13.3 Students
All Students
minimum wage + $1.00 per hour
Other
Special Needs Co-ordinator
Playground Supervisor
Fitness Instructors
Babysitting Instructor
Kindergym Instructor
minimum wage + $1.25 per hour
minimum wage + $1.25 per hour
$20.00 per class (class is I hr.)
$10.25 per hour
$12.25 per hour
Page #13
14.0 OFFICE HOURS (All Administrative Departments)
The normal hours of business for all administrative departments shall be 8:30
A.M. to 4:30 P.M.
15.0 STAFF TRAINING
15.1 Employees shall be provided with the training necessary to carry out their tasks in
a safe and efficient manner. Senior Managers may, within their approved
budgets, schedule employees for specific training. The Municipality shall cover
100% (one hundred percent) of the tuition costs for any courses required by the
Municipality. The Senior Manager is authorized to approve paid travel time for
training functions that are mandated by the Municipality.
15.2 Each Senior Manager shall determine the type of training and the
certifications/professional designations required in their department. These
decisions shall be reflected in the annual business plan and budget process.
15.3 Employee wishing to receive an advance to cover eligible expenses may make a
written itemized request and the Senior Manager may authorize an advance up to
85% of eligible expenses. The employee on return must file an expense report
showing eligible expenses incurred less the advance. Claims for advances or
expense claims shall be paid within 7 days of Accounts Payable receiving a
proper completed and authorized form (by manual cheque if necessary).
15.4 The employee shall provide the Human Resources Department with a copy of any
municipal funded certificate/training course, once received, for the Human
Resource's file.
15.5 Existing employees that wish to upgrade their education to minimum Grade 12
standards will be eligible for tuition cost and course material reimbursement. (It
is required that the employee complete this course on their own time)
15.6 Licence renewal fees (as part of job requirement) will be paid by the Municipality
excluding "0" licence.
16.0 ANNUAL VACATIONS
16.1 All regular full-time employees shall receive annual paid vacations based upon
their length of continuous service with the Corporation. Vacation is based on
calendar year except when the extra week(s) are granted, which occurs after
anniversary dates for 3 years, 9 years, 17 years and 25 years.
Service
At the end of the calendar year
of the 1st year of hire
Vacation Entitlement
Oranted 1 day/month of service
up to 10 days. (paid @ 4% gross
pay) (No carryover will be granted)
Employees may be granted unpaid
days off to top up (earned vacation)
to ten days off.
After one full calendar year
ofcontinuoussennce
10 days (paid at 4% of previous
years gross earnings less any
vacation pay) (No carry over will be
granted)
After three years of
continuous service
1 extra week after anniversary
date = 3 weeks.
After nine years of
continuous service
1 extra week after anniversary
date = 4 weeks
After seventeen years of
continuous service
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1 extra week after anniversary
date = 5 weeks
After twenty-five years of
continuous service
1 extra week after anniversary
date ~ 6 weeks
16.2 In year 1 & 2 the 4% vacation entitlement shall cover all regular hours paid
including overtime.
16.3 In calendar year 1 employees may take up to 1 unpaid week vacation.
16.4 Regular part time employees shall be entitled to vacation entitlement category on
a pro-rated basis, moving to the next % category (on their anniversary date) using
910 hours as a minimum qualification.
16.5 Employees who receive Payment in Lieu (PILB) of benefits shall receive vacation
pay with their bi-weekly pay.
16.6 Vacation entitlement benefits for students, contract and casual employees shall be
pursuant to the Employment Standards Act.
16.7 When a regular full-time or regular part-time employee has their employment
terminated, compensation for accumulated vacation shall be calculated based on
the unused vacation as of the date of termination. The payment will be done as
per the Employment Standards Act or using the rates in this Agreement whichever
is higher. Please note that these calculations are only based on regular earnings
(i.e. overtime hours are not included).
6% after three years
8% after nine years
10% after seventeen years
12% after twenty-five years
16.8 Earned vacation may be requested by the Employee at any time in the vacation
calendar year subject to work demands of the respective Departments.
16.9 It will be the responsibility of the Senior Manager to determine the number of
employees who may be on vacation at anyone time.
16.10 The Senior Manager may permit an employee to carry over a maximum often
(10) days vacation credits into the following year. (Senior Managers must notify
the Human Resources Department and Payroll in writing that carryover has been
granted). Under exceptional circumstances an employee requesting more than the
ten (10) day maximum carry over, must receive the Chief Administrative
Officer's approval. The CAD will inform Council at the next Council meeting.
(The CAO's office must notify payroll, in writing, additional carry over has been
granted.)
16.11 Where an employee leaves the service of the Corporation because of termination,
retirement or death the employee is entitled to all pay entitlements, which include
vacation pay. Payable to the employee or estate, as the case may be.
16.12 While an employee is on LTD (Long Term Disability) the employee does not
accumulate vacation or any other employee recognition credits.
17.0 PAID HOLIDAYS
17.1 The following paid holidays will be recognized by the Corporation. All regular
part-time and regular full time employees will be allowed a one day leave from
work, subject to the conditions expressed below with the exception of playground
students.
New Year's Day
Family Day
Good Friday
Easter Monday
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Victoria Day
Canada Day
Civic Holiday
Labour Day
Thanksgiving Day
Christmas Day
Boxing Day
Civic Holiday
*2 Floater Days
(Supplemental Holidays)
Boxing Day
17.2 Regular full-time employees shall receive 7 hours (officer workers) statutory
pay/floater and 8 hours (all other regular full-time employees).
17.3 Regular part-time employees statutory paylfloater pay shall be calculated as per
ESA.
17.4 Casual employees shall receive statutory pay (calculated as per ESA) if they work
or are scheduled to work the day before and after the holiday, at the time the
payment is to be paid.
17.5 Floaters must be used by December 31 st.
17.6 *Employees hired after June 30 are granted 1 floater day for the fIrst calendar
year hired and 2 floaters starting JaxlUary of the next calendar year.
17.7 This section does not apply to any employee who fails to work his full scheduled
regular day of work preceding or his full scheduled regular day of work following
the designated holiday unless the employee is otherwise on an authorized leave of
absence with pay.
17.8 An employee on leave of absence without pay shall not be eligible for pay for any
designated holiday, which falls within the period of such leave.
17.9 Where any of the above holidays falls on a Saturday or Sunday, either the
preceding Friday or succeeding Monday shall be designated the holiday in lieu of
the holiday falling on these days, by the Human Resources Department.
17.10 Where any of these holidays occur during an employee's vacation period, an extra
day of vacation will be allowed.
17.11 Where any of the above holidays occur during an illness, the statutory day will
not be charged against the employee's sick leave credits.
17.12 Where an employee is required to work on a holiday, he will be granted one day
of leave from work in lieu of such holiday at a time mutually agreeable to the
employee and his Senior Manager
or
Receive public holiday pay for the day plus premium pay for the hours work at
1 Y2 times regular wages.
Note: If an employee works Christmas day he shall receive double time for the
hours worked.
*Where a playground student is required to work on a holiday, he will receive
time & one half for the hours worked and statutory holiday pay, but not be
granted one day of leave from work in lieu. (Ex. Canada Day)
I
~
Page #16
18.0 LEAVE OF ABSENCE
18.1 The Corporation may grant an unpaid leave of absence to any employee for
personal reasons. Employees shall not accumulate service while on such leave
nor shall they be entitled to any benefits.
18.2 Leave of absence is intended for long term scheduled absences and will be
determined on a case-by-case basis.
18.3 Unpaid personal leaves of absence of up to one month in duration may be
authorized by the Senior Manager. Personal leaves of absence of more than one
month in duration must be authorized by the Chief Administrative Officer.
18.4 A request for a leave of absence of more than one month in duration should be
made in writing at least one month prior to the desired commencement date of the
leave. If the Corporation grants such leave, it shall confirm the tenns of said
leave in writing; unless this is deemed an emergency situation by the Human
Resources Department. If this is the case, a confidential report shall be given to
the Corporate Services Committee at the earliest opportunity.
18.5 Life and Long Term Disability insurance benefits will terminate at the end of the
calendar month in which the leave begins.
18.6 Employees will be given the option to continue extended health, dental and semi-
private hospitalization benefits for a period of up to twelve months. If this option
is chosen, the employee will pay 100% of the premium costs. Premiums are
payable quarterly, in advance, by cheque. Payroll deduction may also be arranged
if the employee wishes to prepay benefits prior to the commencement of the
leave.
19.0 ABSENCE WITHOUT LEAVE
19.1 Any unauthorized absence from work will be considered absence without leave
and may warrant disciplinary action.
20.0 REPORTING ABSENCE
20.1 It is the responsibility of the employee to advise his/her superior or designate of
each occasion which requires an absence from duty. Failure to do so may warrant
disciplinary action.
21.0 TERMINATION
Coverage: AIl Employees
Statement: Termination of employment, either voluntary or involuntary shall
be initiated with the appropriate notice and shall be properly
documented for payroll processing.
21.1 Voluntary Termination
An employee who resigns his/her position is required to submit the resignation in
writing. If the employee refuses to provide the resignation in writing, the Senior
Manager will immediately confirm the verbal resignation in writing, stating the
date and, if appropriate, the circumstances. The senior manager will notify the
CAD immediately regarding this situation.
21.2 Employees are expected to give a minimum of two weeks notice when resigning.
Senior Managers are expected to give thirty days notice. All written resignations
must be acknowledged immediately.
Page #17
21.3 When an employee leaves or retires the employment of the Municipality of
Kincardine their Department may fund a farewell event with the cost not to
exceed $250.00. (The CPI indexing will apply on an annual basis).
21.4 General Termination
Notice is not required for termination of temporary positions if the defined term is
worked. However, if the intended term is increased or decreased, the Senior
Manager should state to the employee, in writing, the revised term. Two weeks
advance notice should be given if possible.
21.5 Involuntary Termination
Any termination shall be consistent with the tenus of the Employment Standards
Act.
21.6 Appeal Procedure
No appeals will be considered in the case of any employee discharged prior to
completion of the probationary period.
21.7 Full time staff shall follow the Complaint Procedure outlined in Section 45.
22.0 DRESS CODE
22.1 The Municipality of Kincardine creates a working environment in which
employees may wear business casual clothing. Each employee possesses the
professional judgment necessary to decide what is appropriate attire on any day
given their daily business activity.
23.0 BEREA VEMENT/COMPASSIONATE LEAVE
Coverage: All Employees
Statement: Employees shall be granted paid leave of absence in the event of a
death in the family.
23.1 Regular Fnll-time Employees
The Corporation will pay an employee up to:
a) Four (4) days pay at the employee's straight time hourly rate for all regular
time lost in the event of the death of an employee's spouse, son (step), or
daughter (step). Common law and same sex partner shall be deemed to be
spouses.
b) Three (3) days pay at the employee's straight time hourly rate for all regnlar
time lost in the event of the death of an employee's grandmother, grandfather,
father, mother, brother, sister, grandchild, step-parents, step brother/sister,
father-in-law, mother-in-law.
c) One (I) day pay at the employee's straight time hourly rate to allow an
employee to attend the funeral of a sister-in-law, brother-in-law, aunt, illlcle,
niece, nephew, grandparents of a spouse.
23.2 Part time, casual and contract employees (while working) shall be paid for an
equivalent number of days off. The payment to be calculated on the same basis as
a statntory holiday under the Employment Standards Act.
23.3 Employees receiving P .I.L.B. will not receive pay for bereavement/compassionate
leave.
Page #18
23.4 Bereavement leave must be taken to coincide with either the date of the funeral or
memorial service.
23.5 Common-law status is recognized but in no event shall an employee be eligible
for leave for a former common-law relationship or relationship by marriage which
has since been terminated by formal separation, divorce or annulment.
23.6 Additional unpaid days off for extenuating circumstances (i.e. prohibitive
travelling distance) shall be granted at the discretion of the senior manager, to a
maximum often (10) days.
23.7 When an employee cannot attend the funeral of an immediate family member
because of geographical distance, he shall receive pay for one day at his regular
rate for the day of the funeral. Such payment will be made only in respect of the
employee's absence from work on a regularly scheduled work day.
23.8 If an employee/councillor of the Municipality of Kincardine passes away, any
employee may attend the funeral, subject to staffing approval by the senior
manager. These hours shall be paid by the Municipality. Please note that if an
employee does not attend the funeral then it is expected that he/she will be in
attendance at the workplace.
23.9 In the event that bereavement leave is required while an employee is on paid
vacation, the affected paid vacation will be re-credited to the employee.
24.0 JURY AND COURT DUTIES
24.1 In the event that an employee is called for jury duty or is subpoenaed as a court
witness, the Corporation shall pay the employee his regular pay for each day that
the employee is required to be absent from work provided that the employee:
a) advises the Corporation immediately upon notification that the employee will
be required to attend;
b) presents proof of service to the employer;
c) promptly repays the amount (other than expenses paid to him) which he
receives for such attendances; and
d) reports to work when not required at court.
25.0 PREGNANCY/PARENTAL/ADOPTION LEAVE
Coverage: All employees
Statement: Pregnancy, Parental or Adoption Leave is available to all employees
who qualify, as per E.S.A.
25.1 Pregnancy Leave
Pregnancy Leave will be granted in accordance with the Employment Standards
Act.
25.2 ParentaIJAdoption Leave
Parental/Adoption Leave will be granted in accordance with the Employment
Standards Act.
26.0 PENSION BENEFITS AND RETIREMENT
26.1 All regular full-time employees shall, upon hiring, he enrolled in the Ontario
Municipal Employees Retirement System (OMERS). The Municipality shall
deduct from all employees' pay the contributions required by the Plan and the
Mlll1icipality will make such contributions on the employees' behalf as required
Page #19
by the Plan and Regulations. All provisions of the OMERS Act shall apply with
respect to transfers, payments, etc.
Exceptions - Any employee, who elected prior to 1999 to participate in employer
shared RRSP in lien of OMERS may continue with the RRSP instead of OMERS.
They will have the option to change to our OMERS plan if they request to do so.
All payments to either plan shall be of the same percentage value in order to meet
pay equity principles.
26.2 Part-time, casual and contract employees may join the OMERS pension plan if
they so desire, provided that the eligibility requirements of OMERS are met.
26.3 Employees who qualify for an early retirement benefit program shall refer to
Section 43 for details
27.0 CONFERENCES AND CONVENTIONS
27.1 Employees authorized to attend conferences and conventions shall receive
expenses as outlined on Schedule "C" attached to and forming part of this
Agreement. All submitted expenses, except for mileage, meals and gratuities,
must be substantiated with receipts.
28.0 STORM POLICY
Purpose:
lbis policy will give clear direction to both council and administration to ensure
.that safe decisions are made with respect to the cancellation of public meetings
and/or municipal administration workdays.
Scope:
This policy applies to council, committees and municipal staff
Process:
A.
Council and Committees
In the event of inclement weather, the Mayor/Committee Chairperson will be the
person who will make a decision to cancel, continue or reschedule public
meetings.
The decision of the Mayor/Committee Chairperson shall be predicated upon the
safety of the individuals who attend the meetings and thus their consideration
should reflect:
- current weather conditions
- current weather reports
- status of highway closures
- forecast conditions at end of meeting/workday
In order to ascertain the above noted considerations the Mayor/Committee
Chairperson shall have the following resource people available for advice:
1. OPP for highway conditions
2. Public Works Manager for existing conditions
3. Airport Manager for weather forecast
If a decision is made to cancel, continue or re-schedule a meeting the
Mayor/Committee Chairperson shall instruct the CAO/Senior Manager to invoke
a notification of all meeting participants.
When Highway 21 has been declared closed at 3:00 p.m. on the day ofthe
meeting, the meeting shall be cancelled.
Page #20
The CAO/Senior Manager shall take into account the nature and subject of the
meeting being cancelled, continued or rescheduled, and shall make appropriate
notification utilizing whichever method is most appropriate (telephone, email,
TV, radio)
B.
Administration
With respect to the municipal workforce the following individuals or designate
shall be the decision-makers:
1. Municipal Administration Centre - CAO
2. Public Works Department - Public Works Manager
3. Emergency Services - Administrative Fire Chief
4. Recreation - Recreation Director
Listed managers shall take the identical consideration into affect with respect to
the closure of offices, due to inclement weather.
Process
Each manager shall make his/her decision to close a facility with regards to safety
issues early in the morning period, and shall have a prearranged telephone fan-out
contact list.
Replacement of lost time bv employees
All time lost due to inclement weather, while office/facility officially open, may
be addressed by each employee by one of the following means:
a) Use of bank time
b) Use of vacation time
c) Use of floater day
d) Work from home or other location, as pre-arranged by the supervisor.
e) Unpaid leave
In the event that a decision to close the office/facility has not been made,
employees will be given a one hour "grace" period to ensure their personal safety
while driving our road network. When an employee takes time over and above
the one hour "grace" period this time shall be made-up by the employee.
If during the day weather conditions warrant the closing of the offices/facility, as
detennined by the CAO, the employees affected will be asked to leave so as to
arrive home safely. Employees shall be credited with a full day of work. In this
situation notification of office closure shall be advertised to the public by means
ofthe local media.
No legal liability, in any way, shall be assumed for cancellation of any
meeting/workday under this policy.
29.0 SHIFT PREMIUM
29.1 All regular employees that are shift workers shall be paid shift differential
pursuant to Schedule nEn attached to and fonning part oftms Agreement.
29.2 Shift differential shall not be paid for hours worked as outlined on Schedule nEtt if
those hours are worked as part of a flex schedule enabling employees to work
longer hours during the week in order to take time off in lieu of those hours.
30.0 STAND-BY REMUNERATION
30.1 Employees entitled to stand-by remuneration shall be remunerated pursuant to
Schedule "F" attached to and forming part of this Agreement.
Page #2 I
31.0 MEETING ALLOWANCE
31.1 Committee Secretaries that are not IDWlicipal employees shall receive
$75.00/meeting for all meeting preparations, meeting time and minutes.
32.0 STEP-UP PAY
32.1 When a regular employee is assigned by his supervisor to perfonn all or any part
of the duties of a position, other than his own, which has a pay grade higher than
his own for a period of at least one day (one day = regular scheduled shift), the
employee may be entitled to step-up pay. Detennination for a replacement
employee shall be at the discretion of the senior manager. (The step up plan that is
created by each Senior Manager must be approved by the C.A.O.)
32.2 Non-Management Employees:
Step up pay shall be calculated as follows:
If an employee in Group 1 c to Group 11 is stepped up to a Group not greater than
Group 11, the stepped up employee shall move to the Group of the employee they
are replacing at the equivalent step that the stepped up employee is currently
being paid.
32.3 Non-management employees who are stepped up to a Group greater than 11 it is
recognized that hours of work and overtime are treated differently for each group,
therefore the step up pay shall be calculated as follows:
A) The employee shall move to the Group of the position that they are replacing
aud be paid at the step 1.
B) In the event that the individual being stepped up does not receive a minimum
15% dollar value increase, then they will receive 15% step up pay.
32.4 Senior Management Employees
The step up pay shall be calculated as follows:
A) The employee shall move to the Group of the position that they are replacing
and be paid at the step 1.
B) In the event that the individual being stepped up does not receive a minimum
15% dollar value increase, then they will receive 15% step up pay.
32.5 Due to the various scenarios that could be created by the step-up pay situation, the
Human Resources Department may have to make minor interpretations to deal
with specific situations.
32.6 The employee is expected to be available for the duration of the step up period.
Therefore employee should not schedule vacation or bank time during this
stepped up period.
If the stepped up period is greater than one month in duration the employee may
schedule vacation and banked time off in cooperation with the Senior Manager.
32.7 If a statutory holiday falls withiu the period that the employee is stepped up, the
step np pay still applies.
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33.0 EMPLOYEE RECOGNITION PLAN
Coverage: All permanent regular full/part time & recurring seasonal employees.
Statement: The Corporation will recognize and reward all employees for their years
of service and contribution to the Corporation.
33.1 Recognition of service shall be for regular full/part time & recurring seasonal
employees reaching 5, 10, 15,20, 25 and 30 years of service.
33.2 Employee(s) will receive an appropriate corporate memento and/or gift as outlined
below in recognition of their contribution and years of service.
33.3 The date used to calculate service for the purpose of this policy will be the year of
regular full time, regular part time or eligible service & credited service with the
Municipality of Kincardine or pre-amalgamation municipalities. This rate will be
based on a calculation of91O hours per year (minimum standard). All hours will be
accumulative for the basis of these calculations.
33.4 Service Recognition Awards:
5 Years: $50 -Dinner Gift Certificate from
10 Years: Gold tie-pin or gold pendent with murucipallogo or set of crystal wine
glasses with inscribed Municipal Crest. Not to exceed $100.00 in value.
15 Years: In recognition of your birthday the employee receives 1 additional day off
with pay (year.
20 Years: Gold Watch with Engraving/or Gold Bracelet with Engraving. Not to
exceed $250.00 in value.
25 Years: Municipal Gold Ring with Crest. Not to exceed $275.00 in value.
30 Years: Employee's choice of a gift up to $300.00 in value.
Retirement:
Monetary Gift ofa value of$50.00 per year of service for bona
fide retiring employees.
Retiring employees will be given the option to be recognized at the Christmas Party
as a retiring employee.
*Dinner gift certificates to be used at any restaurant in the Municipality of Kincardine
Notes:
a) In October of each year, Human Resources Department will provide to Senior
Managers, for verification, a list of those employees who will qualify for a service
recognition award for the current year.
b) The service recognition awards will be presented to the employees prior to
December 31.
c) Costs associated with recognition and retirement will be included in the respective
department's budget.
d) The Fire Department will develop their parallel service recognition award and
retirement schedule using this schedule as a draft.
e) The Municipality will pay for all dye charges for pendants, pins etc.
Page #23
34.0 NEGOTIATION PROCESS
Preamble:
The intent of this tripartite agreement is to foster employee relations in balance
with fiscal responsibility by the employer. This agreement contains personnel
policies that are common to both employee groups (Non-Management & Senior
Management) and clauses that are specific to each group. Therefore, the spirit of
this tripartite agreement is to allow mutual gain through the use of one common
agreement, yet prohibit employee groups from commenting on clause/policies that
are not applicable to that group.
34.1 The negotiation process is a defined process to evaluate the Agreement over a
defined period of time. (Length of Agreement).
34.2 The C.A.O. and two members of the Corporate Services Committee will negotiate
on behalf of the Municipality and report to closed session of Council/Committee
of the Whole to obtain authorization and/or general comments from Council.
34.3 The regular full and part-time non-management employees shall choose from
amongst themselves a ltnegotiating committee", which shall consist of no more
than five members, who shall be the liaison between the non-management
employees and the Negotiating Committee of the Municipality. An employee
who sits on the Employee Negotiation Committee shall not be subject to
discrimination or punitive action by Council because of his/her involvement with
the Employee Negotiation Committee.
34.4 Senior Management employees, with the exception of the Chief Administrative
Officer, shall form a separate negotiating group from those employees outlined in
Schedule D.
34.5 The Chief Administrative Officer shall negotiate separately with the Negotiating
Committee of Council.
34.6 On or before Sept. 15th of the year prior to the year for which negotiations are
being undertaken, the employee negotiating groups shall present to the Chief
Administrative Officer, confidentially, in writing, their requests for salary and
benefits for the following year. The Chief Administrative Officer shall then meet
with the Corporate Services Committee, in camera, and schedule meetings with
the employee negotiating groups to discuss the requests. This negotiating process
may require several meetings.
34.7 It is the general intention of the Municipality to conclude the negotiating process
prior to January 1st; however, in an election year this may be impossible, and the
out-going Council may wish to leave the salary negotiations for the new Council
to carry out. In this case, the employee groups shall be required to adjust to
Council's schedule.
34.8 Nothing in this section shall preclude the Council and employees from agreeing to
a multi-year salary and benefit package.
34.9 The Employees Group members will be paid for up to 12 hours/year for bona
fide employee meetings. The rate of pay shall be straight time. The "Employee
Group" meeting shall be documented, with the time/date submitted to the Human
Resources Department.
35.0 ANNUAL EMPLOYEE EVALUATION
35.1 An evaluation of each full or part-time employee's job performance will be carned
out each year. A new employee hired after September 1st may be exempt from
this process with the exception of the evaluation required during the probationary
period or unless the terms of hiring make an exception.
35.2 Evaluations shall be in writing and completed by the employee's immediate
supervIsor.
35.3 In the case of the C.A.O.'s evaluation it shall be completed by the
Mayor/Corporate Services Committee.
Page #24
35.4 The evaluation is to be completed pnor to the calendar year end for each
employee in the following manner:
(i) Sufficiently before the completion date, the supervisor shall write down an
evaluation of each employee!s job performance under his jurisdiction,
using the form supplied by the Human Resources Department. He shall
give one copy of the completed form to the employee for his perusal.
(ii) Within one week of the receipt of his copy the employee shall meet with
the supervisor to discuss the evaluation. lbis meeting shall be scheduled
by the supervisor. The employee shall write his comments or complaints
on the evaluation form and shall sign it. The employee's signature does
not certify his agreement with this evaluation, but indicates that he has
read it and discussed it with his supervisor.
(iii) In the event of disagreement, the employee may follow the complaint
procedure outlined in Section 45 of this Agreement. A copy of the
completed evaluation shall be provided to the employee. A copy, marked
"Confidential!1 shall be provided to the Human Resources department for
filing in the employee's human resource file. Only the employee and the
appropriate senior manager are to have access to the evaluation.
(iv) The supervisor shall report to the Human Resources department any
employee who has not received a successful evaluation.
36.0 EMPLOYEE ADVANCEMENT AND RECLASSIFICATION
36.1 Employees shall annually progress from one step to another within their
position's pay grade on January 1 st, provided the employee's perfonnance
evaluation is "satisfactory" or better. The employee must accumulate a minimum
of9l0 hours before being moved to the next step. New employees who start part
way through the year will be subject to the 910 rule and if they meet this standard
they are eligible to move to the next step as of January 1st of the proceeding year.
(The 910 rule will apply for movemeut of each step).
36.2 A position's pay grade may be reviewed upon application to the Human
Resources department who shall detennine if a review is in order. If the applicant
is dissatisfied with the Human Resources department decision, he/she has
recourse to the complaint procedure outlined in this Agreement.
37.0 SICKLEAVE
Coverage: All Regular full-time employees & regular part-time employees
working a minimum 20 hrs/week.
Statement: The Corporation will provide to eligible employees a salary
continuance insurance plan to protect its employees from financial
hardship in the event oflegitimate, substantiated illness or accident
in the fonn of sick leave.
37.1 Every regular full-time employee shall be entitled to accumulate sick leave at 1
1/2 days (based on 7 hrs/day for 35 hrs/work week and 8 hrs/day for 40 hrs/work
week) per month worked from date of hire at one hundred percent (100%) of
salary (18 days per year). The earned sick leave shall be cumulative from year to
year to a maximum of one hundred and eighty (180) working days. The
maximum number of accumulated sick days for grandfathered employees with
more than 180 as at January 1St, 1999 shall not increase, but shall decrease by
usage until it falls below 180 whereupon the maximum of 180 shall apply.
37.2 New hired full time employees shall be credited with the first four months of sick
leave allowance (or 6 days) but have to earn these over the first 4 months of
employment. New hires will at the end of 4 months have a sick leave balance of
(4 months X 1 1/2 days) six days less any used sick days and this total will be
used as part of the year-end calculation of sick time at 1 1/2 days per month.
Page #25
37.3 (For Calculation Purposes)
Regular part-time employees shall receive sick leave hours pro-rated against the
regular full-time employee entitlement based on the percentage of hours worked
in the previous year. For example, a regular part-time employee who, in the
previous year, worked 1,095 hours compared to that of a regular full-time
employee (40 hrs/wk) would be entitled to 53% fifty-three percent (1,095 divided
by 2080) of the regular full-time employee's sick leave allotment (53% x 18 days
x 8 hrs ~ 76 hrs sick time. A regular full-time employee (35 hrs/wk) would be
entitled to 60% sixty percent (1,095 divided by 1820) of the regular full-time
employee's sick leave allotment (60% x 18 days x 7 hrs ~ 75.5 hrs).
37.4 There shall be no sick leave paid for absence caused by accident or illness for
which an employee is receiving Workplace Safety and Insurance Board benefits.
37.5 No sick leave shall be earned by an employee who is absent from work in that
month for more than eleven (11) working days for any reason other than vacation,
a Workplace Safety and Insurance Board claim or jury duty.
37.6 A senior manager may require a medical certificate and/or medical evidence of
appointments after three consecutive days' absence. The certificate is to be
completed by a duly qualified medical practitioner certifying to the inability of the
employee to attend work, and if the sickness continues from time to time
thereafter, as the Municipality requires. Failure to provide requested medical
certificate could result in no pay for the period of absence. The Municipality shall
reimburse the employee for the cost of obtaining such certificates.
37.7 Where an employee has accumulated sick leave hours, he/she shall be entitled to
use sick time for the purpose of the employee attending medical or dental
appointments. The employee must advise his or her supervisor in advance of the
appointment. Time used for appointment must be noted as appointment on the
timesheet. Appointment time will be deducted from sick time.
37.8 Special sick time consideration will be at the discretion of the c.A.O.
38.0 ILLNESS WHILE ON VACATION
38.1 An employee who becomes ill while on vacation shall not be placed on sick leave
unless hospitalized or confined to residence by doctor's orders. (Under
exceptional circumstances in case of serious illness, sick leave may be granted at
the discretion of the Chief Administrative Officer.) The employee would then be
entitled to the unused portion of his/her vacation after recovery from the illness.
Minor illnesses and injuries may cause some degree of discomfort or disability to
an employee while on vacation, yet for the most part, these do not necessitate
complete removal from the vacation setting or loss of the beneficial effects of the
holiday. However, when an employee on vacation becomes seriously ill or
injured, he or she should be entitled to sick leave based upon medical evidence.
38.2 The decision to transfer from vacation to sick leave must be based on reliable
medical evidence and made by the Chief Administrative Officer on a physician's
advice. All cases of requests for such consideration must be referred to the Chief
Administrative Officer without exception.
38.3 In cases of long-term continuous absence, a medical certificate must be provided
for every twenty (20) days of absence. This medical certificate must state the
latest date of medical examination, and the expected date of the employee's return
to work.
38.4 An employee who is unable to return to work because of illness must notify his
immediate Supervisor prior to the commencement of his regularly scheduled
working day and must advise the Supervisor of his expected date of return to
work.
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39.0 MEDICAL BENEFITS
General
39.1 The Mllllicipality of Kincardine reserves the right to select the insurance carrier
for medical benefits. In all cases, the sole obligation of the Municipality is to
detennine the benefits to be provided under the planes) and pay the premiums
required by the planes). Any disputes regarding the administration of the plan or
payment of benefits lie between the employee and the insurance camero The
Human Resources Department will act to assist employees in areas of dispute.
39.2 Medical benefits are optional with each employee and not a condition of
employment, where they are already otherwise covered.
39.3 The Municipality of Kincardine shall pay 100% (one hnndred percent) of the
billed premium for Medical Benefits (i.e. Co-operators and Green Shield) for
eligible employees. (This program may be reevaluated after 2 years)
39.4 Coverage commences on the first date of employment.
39.5 In the event that a regnlar full-time employee dies while employed by the
Municipality, the Municipality shall continue to pay extended health care, vision
plan, and dental plan premiums on behalf of that employee's dependants for a
period of two (2) years from the date of the employee's death, provided the
employee's share of the premiums is remitted to the Municipality. This section
shall not apply if the insurance company in effect at the time does not offer this
benefit as an option.
39.6 Extended Health Care
39.7 Particulars of the benefit plan are outlined in the insurance company's handbook
to employees and are subject to the provisions of the insurance plan documents.
39.8 Employees shall be reimbursed costs covered under the benefit pursuant to the
applicable insurer's administrative policy in effect at the time. In some cases, an
employee may be required to pay for the goods and services and be reimbursed
following submission of a claim to the insurance company.
39.9 Dental Benefits
Particulars of the benefit plan are outlined in the insurance company's handbook
to employees and are subject to the provisions of the insurance plan documents.
39.10 Premiums and benefits shall be based on the Ontario Dental Association fee
schedule, which is one year behind the year in which the service is provided. Any
disputes regarding the administration of the plan or payment of benefits lie
between the employee and the insurance carrier.
39.11 Vision Care
Particulars of the benefit plan are outlined in the insurance company's handbook
to employees and are subject to the provisions of the insurance plan documents.
Includes coverage for eye exams once every 24 months to a maximum of$90.00
39.12 Any disputes regarding administration of the plan or payment of benefits lie
between the employee and the insurance carrier.
39.13 Safety Glasses
Option #1 Employee supplied exterior safety glasses provided by the
Municipality of Kincardine. (All employees, if required)
Option #2
Prescription safety glasses up to *$225.00 every 36 months or
sooner with written certification from an
optometrist/ophthalmologist that the prescription has changed
significantly in that it may affect safety. (Offered, if required, to
Regular Full-time, Regular Part-time and Recurring Seasonal
Employees).
*Receipts must be forwarded to the Human Resources Department, which will be
paid with regular accounts from the employee's department budget.
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Regular Full-time, Regular Part-time and Recurring Seasonal Employees have the
choice of Option #1 or Option #2 above.
40.0 LONG TERM DISABILITY
40.1 Long-tenn disability shall be provided to all eligible employees. Particulars of
the benefit plan are outlined in the insurance company's handbook to employees
and are subject to the provisions of the insurance plan documents.
40.2 The Municipality ofK.incardine reserves the right to select the insurance carrier.
Any disputes regarding the administration of the plan or payment of benefits lie
between the employee and the insurance carrier.
40.3 Eligibility for long-tenn disability benefits shall be detennined by the insurance
company.
40.4 The Municipality shall pay 100% of the billed preminm for the long tenn
disability plan.
40.5 Employees on long-term disability may, after 12 months, cease to be an employee
of the Municipality.
40.6 Subject to the above policy, the Municipality reserves the right to accommodate
employees, who are able to return to work after being on LTD in excess of 12
months.
41.0 LIFE INSURANCE. ACCIDENTAL DEATH AND DISMEMBERMENT
fA. D. &Dl
41.1 Life insurance shall be provided to all eligible employees. Particnlars of the
benefit plan are outlined in the insurance company's handbook to employees and
are subject to the provisions of the insurance plan documents.
41.2 The Municipality reserves the right to select the insurance carrier. Any disputes
regarding the administration of the plan or payment of benefits lie between the
employee and the insurance carrier.
41.3 The Municipality of Kincardine shall pay 100% of the billed premium cost for
life, A.D.&D., and dependent life insurance coverage for eligible employees.
42.0 WORKPLACE SAFETY AND INSURANCE BOARD (WSIB)
42.1 Employees must report injuries to his supervisor or designate immediately
following such an injury. Failure to report may result in no compensation
payment. The employees supervisor will take all steps necessary to ensure the
employee receives appropriate acute medical attention, as per the requirements of
the OHSA and WSIB.
42.2 If an employee believes that a condition has arisen because of work related injury
at a later date, they must notify the supervisor immediately.
42.3 The supervisor shall document all cases of injury and report any significant lost
time accidents immediately to the CAD.
42.4 In the case of death or serious injury (as defined in the OHSA) to an employee
while at work, the CAO will notify the Mayor innnediately. The CAO and the
employees supervisor will brief Council at the earliest opportunity.
42.5 All employees are to use and wear the appropriate personal protective equipment
(as per the PPE requirements under OHSA), in the proper manner, while working
for or on behalf of the Municipality. Failure to do so, may result in disciplinary
action.
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42.6 Employees approved for Workplace Safety Insurance Board payments shall not
receive his or her regular salary during that period, and shall receive Workplace
Safety Insurance Board payments pursuant to rules and regulations prescribed by
the Workplace Safety Insurance Board.
42.7 If a delay of more than 15 days after the employee's last pay cheque, an advance
of up to 75% of the employee's net pay can be approved by the CAD. If the
claim is not approved by the Board, the employee must reimburse the
Municipality any funds advanced. In this scenario the employee may utilize
accumulated sick leave or vacation credits.
42.8 Employees off work and receiving WSIB benefits shall receive all health benefits
as would normally be received had the employee been at work, until retirement,
unless stipulated othenvise in this Agreement, provided the employee pays their
share of the applicable premiums.
43.0 EARLY RETIREMENT BENEFITS
Coverage: Employees who retire early with the qualifying factors listed below.
Terms:
1. Eligibility is based on the employee being a minimum age of 55 with ten
(10) years of continuous service with the Municipality. At the end of the
month, upon reaching their 65th birthday this benefit plan will tenninate.
2. Extended Health
Coverage will be made available to early retirees under the terms and
conditions set out in this Agreement. Please note that the cost for
Extended Health shall be funded by the employee/employer on a SO/50
basis.
3. Life Insurance
Life insurance and AD & D will be made available to early retirees, at the
level of one (1) times the annual salary, frozen at the date of retirement.
The employee will pay 50% of the premium costs.
4. Dependent Life Insurance
Dependent Life Insurance will be made available to early retirees, under
the terms and conditions set out in this Agreement at the date of
retirement. The employee will pay 50% of the premium costs.
5. Semi-Private Coverage
Semi-Private Coverage for hospitalization will be made available to early
retirees. The employee will pay 50% of the premium costs.
6. Dental
Dental will be made available to early retirees. The employee will pay
50% of the premium cost.
Note: Employees working greater than 20 hrs! week who receive municipally
paid benefits prior to their retirement, may choose to take the above on a pro-rated
basis.
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44.0 SPECIAL DEDUCTIONS & BENEFIT
Coverage:
All employees
Statement:
The Corporation may offer certain plans that employees may partake (i.e.
CSB/Computer Purchases). Note: RSP's are grandfathered and will not be
offered to any other employees.
44.1 If a special deduction plan is authorized, only those employees who wish to
participate and who provide properly signed documentation authorizing such
deductions will be affected.
44.2 Information about special deduction plans will be circulated as deemed
appropriate by the Corporation.
44.3 Use of the Davidson Centre Health Club is provided by the Municipality of
Kincardine as a benefit to encourage healthy living. It is provided to all
employees, councillors, spouses, retired employees and dependant children living
in the home of the immediately mentioned groups above. The Davidson Centre
Health Club includes the use of the gym, pool and sauna facilities.
44.4 High Speed Internet discount through Bruce Telecom. (For details please contact
Bruce Telecom)
44.5 Cell phone discount through Bruce Telecom. (For details please contact Bruce
Telecom)
44.6 Computer purchases through payroll deduction
Employees may purchase one computer system/term up to a value of $3000.00.
No additional computer purchases can be made until the terms of each repayment
has expired. See Schedule' J" for term information
45.0 COMPLAINT PROCEDURE
Coverage: All employees
Statement: The Corporation will provide a mechanism for any employee who
has cause for complaint to obtain a fair and equitable hearing. This
procedure in no way will supersede an employee's right under
complaints of harassment or other rights under the Human Rights
Codes of Ontario and Canada.
Procedure:
Step 1
An employee who has an issue must first verbally discuss the complaint with his
immediate superior.
Step 2
Failing a satisfactory settlement of the complaint, the employee may, within five
working days of the alleged incident, submit the complaint in writing to his Senior
Manager. The Senior Manager and the Supervisor will meet with the employee in
an attempt to resolve the complaint. The Senior Manager will render a decision in
writing within five (5) working days of the meeting.
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Step 3
Failing satisfactory settlement of the complaint by the Senior Manager, the
employee may, within five (5) working days of the receipt of the Senior
Manager's written reply, notifY the Chief Administrative Officer, in writing,
requesting an opportunity to present the complaint to the Human Resources
Department. The Human Resources Department shall render a decision in writing
within five (5) working days of the meeting.
Step 4
Failing satisfactory settlement by the Human Resources Department, the
complaint will be placed on the confidential agenda of the next Corporate
Service's meeting. The Senior Manager and employee involved, will be invited
to attend. The employee will be given an opportunity to state his/her case in
camera, and to hear the reply of the Senior Manager. Both parties will then be
required to withdraw from the meeting. Corporate Services will then consider the
complaint and render a decision. Council shall be informed of the Corporate
Service's decision.
StepS
Failing a satisfactory settlement of the complaint, the employee may, within five
working days of the written decision in step 4, submit the complaint in writing to
Council, in camera, at the next regularly scheduled session. The decision of
Council shall be final and binding. (Please note the process in Step 4 will be
adhered to).
Senior Managers
Issues from Senior Managers will be processed by the Chief Administrative
Officer.
Complaints from Senior Managers in response to any disciplinary action(s) taken
by the Chief Administrative Officer will be processed in the following manner:
a) The Senior Manager will provide his complaint in writing within five (5)
days to the Chief Administrative Officer, who shall have five days to
respond in writing after the meeting.
b) Failing satisfactory settlement at Step a) above, the complaint will be
submitted to the Corporate Services Committee.
i) Complaints dealing with disciplinary actions will be decided upon
by Corporate Services. Upon written decision by Corporate
Services the Senior Manager may appeal to Council, subject to the
same process as previously set out for all employees.
ii) All appeals to Council will be dealt with in closed session. The
decision of Council shall be final and binding.
Chief Administrative Officer
Issues of the Chief Administrative Officer will be processed by the Corporate
Services Committee, with appeals to Council.
Corporate Services/Council may:
a) refuse to hear a frivolous complaint,
b) appoint a third party to hear the complaint and provide an opinion for
Corporate Services/Council,
c) waive the established time limits in order to deal with the right and just
substance of the complaint.
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46.0 HARASSMENT POLICY
46.1 Every employee of the Municipality has a fundamental right to a work place free
from harassment (derived from gender, race, religion, sexual orientation or any
other identifYing characteristic of the individual's makeup) by the employer,
agent of the employer, elected official of the Municipality or by another employee
or committee member. The Municipality is committed to providing a work place,
which demonstrates mutual respect for one another as employees and individuals
and is thereby free from harassment.
Note: This policy is not meant to inhibit relationships based on mutual consent or
normal social contact between employees. Further, specific comments with
regard to work performance as part of regular job evaluations shall not be deemed
to be harassing in nature rather they shall be construed as the supervisor's mandate
to provide constructive criticism to his/her subordinates.
46.2 Harassment shall be defined as any action, verbally or non-verbally conveyed to
an individual that is known or ought reasonably to be known to be unwelcome to
the receiver.
46.3 Management's Responsibility:
Senior Managers who are aware of, or who ought to be aware of harassment
taking place in their work unit, must take appropriate action to stop it. Each
senior manager shall receive each complaint to be acted on in good faith with the
assumption that the complainant believes that harassment is taking place. The
senior manager shall inform the complainant of their options be they formal or
informal in this regard including the possibility of notifYing the police. Any
senior manager who does not inform the complainant of their options or a senior
manager, who does not investigate and take appropriate action in circumstances of
this nature, may be disciplined. The senior manager shall, upon receiving a
complaint that may be criminal in nature, notify the CAD for immediate
investigation, which mayor may not result in contacting the Ontario Provincial
Police.
46.4 Employee's Responsibility:
Every employee of the Municipality of Kincardine shall have the responsibility to
ensure a workplace free from harassment.
46.5 Employees who witness harassment have a responsibility to report their
observations to a senior manager.
46.6 Any employee found to have engaged in any type of harassment shall be
disciplined up to and including dismissal.
46.7 Elected Officials Responsibility:
Council are deemed to hold the same status as management employees with
regard to this policy.
COMPLAINT PROCEDURE
46.8 The complaint procedure shall be pursuant to the following sections (Informal or
Formal Procedures). The complaint shall be advised of the due process and shall
select one procedure
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46.9 INFORMAL PROCEDURE
The informal procedure shall be as follows:
It shall be recognized that harassment is not easily defined and in many instances
people harassing may be unaware that their actions are creating discomfort.
The complainant shall write a letter to the harasser's senior manager informing
herlhim of three things;
1) What action was taken;
2) How this action creates discomfort;
3) That the actions must stop.
46.10 The letter will be hand delivered to the harasser and a copy will be retained by the
complainant and by the senior manager engaged by the complainant to act as
ombudsman. The letter shall also be retained and could be used as evidence
during a formal investigation.
46.11 The letters are to be kept in a secure area by the Hwnan Resources Department
but NOT in the employee's personnel file.
46.12 RECOURSE PROCEDURE
In the event that the informal procedure has taken place and either party are not
satisfied with the results, he/she may start the formal appeal process. Note: this
recourse procedure is subject to a 30 day time limit.
46.13 FORMAL PROCEDURE
Every complainant shall be informed that there are formal or informal options
available to himlher.
46.14 If the complaint is criminal in nature the complainant shall be informed
immediately that the matter is being referred to the police for investigation.
Senior Managers are encouraged to assist the employee by supporting the
employee during any police investigation.
46.15 Only the complainant may determine if the formal or informal procedure shall be
followed, except in the case of a criminal matter.
46.16 Should the complainant choose to have the complaint formally investigated the
following shall apply.
46.17 A written letter shall notify the accused harasser's senior manager that a formal
complaint has been lodged. In the case of the C.A.O. or a member of Council
being the accused, the Mayor shall be notified. In the case of the Mayor the
Human Resources Department and Deputy Mayor shall be notified. The senior
manager shall then notify the CAD that an investigation has been initiated. This
procedure shall be followed by the senior manager informing the Human
Resources Department that written notification has been received by the C.A.O.
The senior manager shall then have ten working days to interview colleagues of
the complainant and the accused harasser in order to determine the nature of the
complaint, and the circumstances surrounding it. After the ten days have elapsed,
the Human Resources Department investigating will notify the complainant and
the accused by written registered mail that a hearing will be held. Included in the
letter shall be a caution advising both parties that legal counsel may be retained,
by any and all parties interested in the matter. Such hearing shall be held within
seven to fourteen days after the completion of the investigation.
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HARASSMENT HEARING PROCEDURE
Panel (Closed Session Hearing)
46.18 The hearing will be held in front of a panel of three. Included on the panel shall
be one member of Council, one management employee and one non-management
employee. The specific people shall be named by Council, with
recommendations to be provided by the Human Resources Department.
46.19 One member of the panel shall act as chair and will run the hearing.
46.20 The chair, as well as all members of the panel, may take notes during the hearing.
In addition, a recorder (minute taker) shall be used to provide a verbatim
transcript of the proceedings.
46.21 Upon conclusion of the hearing the panel reserves the right to consider the
reimbursement of the innocent parties legal cost.
46.22 Emptoyees
It is not a requirement for the Municipality to pay for either employee's legal
costs.
46.23 Procedure
There are two options:
1) Both employees are present for the hearing Goint presentation); or
2) Employees may present their evidence separately and not in the presence
of each other. Full disclosure to the other party will be mandated.
Both employees should agree on whether option I or 2 is chosen. If they cannot
agree, the panel shall decide after considering the specific circumstances and
reason for the disagreement.
46.24 Option 1 - Joint Presentation
The Chair shall call the hearing to order and advise that this is a hearing under the
Municipality's Consolidated Personnel Agreement with respect to a harassment
charge made by one employee against another person. For ease of understanding,
the term llplaintiff' shall be used for the employee making the charge, and the
tenn "defendant" shall be used for the person who is the alleged harasser.
46.25 The plaintiff shall first address the panel, outlining the charge and any other
pertinent information the plaintiff believes the panel should hear. The plaintiff
may call witnesses to substantiate his or her charges. The plaintiff will speak
without interruption by the defendant, or defendants agent.
46.26 The defendant shall then be given an opportunity to respond to the charges. The
defendant may call witnesses as well. The defendant will speak without
interruption by the plaintiff, or plaintiffs agent.
46.27 The Human Resources Department shall then present their investigation results.
This may involve calling further witnesses. The Human Resources Department
shall, prior to the hearing, make available a copy of his /her investigation report to
the members of the panel, the plaintiff, or the defendant.
46.28 Members of the panel may at any time question any of the persons involved in the
hearing.
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46.29 Cross-examination of the plaintiff and the defendant by each other shall not be
permitted unless both have retained legal counsel and representation. In the
absence of legal representation, the plaintiff and/or the defendant may pose
questions to the other through the chair of the panel. The panel shall decide if
such question shall be posed to the plaintiff and/or defendant.
46.30 Following the presentation, both the defendant and the plaintiff shall have a final
opportunity to rebut Of answer anything that has been presented.
46.31 The chair shall then adjourn the hearing, following which the panel shall make its
recommendations to Council.
46.32 Option 2 - Separate Presentations
The chair shall call the hearing to order and advise that this is a hearing under the
Municipality's Consolidated Personnel Agreement with respect to a harassment
charge made by one employee against another person. For ease of understanding,
the term "plaintiff' shall be used for the employee making the charge, and the
term "defendant" shall be used for the person who is the alleged harasser.
46.33 The plaintiff and the supervisor shall be present in the room along with the panel.
46.34 The plaintiff shall first address the panel, outlining the charge and any other
pertinent information the plaintiff believes the panel should hear. The plaintiff
may call witnesses to substantiate his or her charges. A verbatim transcript shall
be provided to the defendant.
46.35 Following a minimum of two (2) and a maximum of five (5) working days have
been provided to review the transcript, the hearing shall reconvene with the
defendant being given the opportunity to answer the charges made by the
plaintiff. The defendant may call witnesses. Again, a verbatim transcript shall be
kept and provided to the plaintiff.
46.36 The defendant shall then leave the hearing. The Human Resources Department
shall then present the findings of his/her investigation into the matter. Witnesses
may be called. A further transcript of this presentation shall be provided to both
the plaintiff and the defendant. The hearing shall then be temporarily adjourned.
46.37 The hearing shall reconvene after a minimum of two (2) and maximum of five (5)
working days have been provided for a review of the transcripts by the plaintiff
and the defendant. The plaintiff and the defendant shall then be given separate
opportunities to make a final "rebuttal" based on all evidence submitted.
Transcripts of these final presentations shall also be made and provided to all
parties.
46.38 The members of the panel may at any time question any of the persons giving
evidence or submissions.
46.39 The chair shall then adjourn the hearing, following which the panel will make its
recommendations to Council.
46.40 The implementation of any disciplinary measures shall be a matter between the
employee and the employee's senior manager. Council, based on the report of the
panel, shall determine disciplinary procedures. The report of the panel is
confidential to Council alone.
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47.0 ALCOHOL/DRUG/EMOTIONAL PROBLEMS
Coverage: All employees
Statement:
47.1 The Corporation shall provide guidance to employees who develop social or
health problems as a result of drug or alcohol abuse, or emotional problems which
affect the quality of their job performance. The objective will be to identifY
employees whose work habits are affected by an alcohol/drug problem or an
emotional problem and to attempt to assist in correcting an employee's work
habits, through the establishment of a rehabilitation program or treatment
program, or if necessary, through disciplinary action. It is recognized that
successful rehabilitation of an employee will result in an increase in productivity
and improve general morale.
47.2 Procedure:
Assisting an employee who has a drug/alcohol problem or emotional problem is a
co-operative venture of the individual employee and management and may
require referral to, and assistance from, one or more treatment agencies listed at
the end of this policy. It has been found that this team concept produces the best
results. Clear directions from management are required to motivate the employee
to accept help. The success or failure of the rehabilitation programs/treatment
programs will be measured through work performance and attendance data. The
facts should therefore be properly recorded and brought to the employee's
attention on a regular basis. The employee needs to know that in the end, their
job depends on their successful rehabilitation.
Step 1
Whenever it is suspected that poor work performance, attendance, employee
relations or other problems indicate the existence of a drug/alcohol/emotional
problem, the Senior Manager will conduct an interview with the employee. The
employee is informed by his Senior Manager that their work must improve within
a specified time frame (usually one month), or a formal letter of warning will be
issued to the employee.
The employee is then informed of the resource agencies. Details of this interview
are to be recorded by the Senior Manager and filed with Human Resources
Department.
NOTE
The employee may actually initiate this step, and in fact the employee should be
encouraged to do so.
Step 2
A confidential record of the employee's performance is maintained by the Human
Resources Department who, after the time frame specified in Step I, either files a
report stating that the employee's problems are being resolved or alternatively
sends a letter of warning that suspension or other action will follow repetition of
the action(s) outlined. Again, the Senior Manager must specify a time frame for
immediate improvement. A copy of all warning letters must be filed with the
Human Resources Department, and if required, the treatment agency to which
referral is made.
The employee's work record is maintained regularly and, after the time frame
specified in Step 2, the Human Resources Department sends the employee one of
the following letters:
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a) if work record has improved and rehabilitation is progressing according to
the treatment agency, a letter of commendation is sent to the employee
with a note, that their work habits will continue to be evaluated on a
regular basis, or
b) if work has not improved, a letter of suspension or other action. If the
Human Resources Department opts for suspension rather than other
action, a new trial period, as per Step 2 must be established. Copies of
these letters are to be sent to the Human Resources Department and Senior
Manager and the treatment agency involved.
NOTE
The foregoing procedures are guidelines only and may be altered to cope with
specific situations. lbis policy does not bind the Corporation to undertake any
rehabilitation procedures. The provisions of any working agreements, must
however be strictly followed. Confidential documentation is vital for either the
rehabilitation or the disciplinary process. The individual actions of the Senior
Manager will be limited to the frame work set out above. Attempts at
rehabilitation, including counselling for drug, alcohol, or emotional problems,
will be left to the appropriate agencies as listed at the end of this policy or
acceptable alternate accredited professionals. Complete and accurate confidential
records must be kept on file by the Human Resources Department.
48.0 CODE OF ETHICS
Coverage: All employees
48.1 The Municipality has undertaken this initiative in order to both promote
professionalism and to ensure that the relationship of trust that exists between
staff and the public remains an integral part of local government in Ontario.
Since its inception, local government has been understood to be an open,
accessible and accountable form of government.
48.2 The purpose of a code of ethics for municipal employees is to foster universal
understanding of the fundamental rights, privileges and obligations of a municipal
public servant. A code of ethics serves as an embodiment of the basic principles
of integrity, honesty, impartiality and common-sense and recognizes that at the
very least, a municipal public servant has a responsibility to uphold these
principles.
48.3 The proper operation of a municipal government requires that employees be
independent, impartial, and responsible to the citizens; that their positions not be
used for personal advantage; and that the public have confidence in the integrity
of the Municipal employees.
48.4 The Code of Ethics is intended as a guide for municipal employees in their
conduct in certain specified areas. It is not intended to be exhaustive or to provide
specific guidelines in every circumstance.
Policy:
48.5 Private Interests Dermed
1. Private interests are all those aspects of an employee's activity outside those
connected with official municipal duties.
These include:
a) Financial interest;
b) Paid and unpaid activities beyond official duty;
c) Relationships with third parties who may be:
i) employed by the Municipality
Ii) doing business with the Municipality
Hi) seeking employment or benefits from the Municipality
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2. It is important to emphasize that conflict of interest relates to the potential for
wrongdoing as well as to actual or intended wrongdoing.
48.6 Outside Emptoyment
1. No employee may engage in outside work or a business undertaking
as an employee or shareholder that:
a) Interferes with the performance of duties under the employment of
the Municipality;
b) May provide an advantage derived from Municipal employment;
c) Is likely to influence or affect the carrying out of municipal duties;
2. Employees may take supplementary employment, including self-
employment, unless such employment:
a) Is performed in such a way as to appear to be an official act, or to
represent a municipal opinion;
b) Unduly interferes with regular duties;
c) Constitutes an additional full-time job.
48.7 Gifts. Favours and Services
A Municipal employee shall not accept a gift, favour or service from any
individual or organization in the course of the performance of civic duties other
than:
a) the normal exchange of hospitality among persons doing business, m an
amount not to exceed $100.00; (individual level)
b) tokens exchanged as a part of protocol;
c) normal presentations made to persons participating in public functions.
d) gifts to the Mlll1icipality of Kincardine shall be used for the benefit of the
municipality and shall not exceed $500.00.
Monetary or other payment may not be accepted for the performance of any
service connected to municipal govenunent.
Employees shall not use the name "Corporation of the Mlll1icipality of
Kincardine" to obtain discounts for privately purchased goods and services.
Employees shall not receive or demand preferential treatment in the use of
mlll1icipal facilities or services unless it is a requirement of formal duties or as
provided for lll1der the authority of Council.
Exceptions to this section must be approved in writing by both the Mayor and
CAO.
48.8 Misuses of Property and Information
Municipal property, including vehicles, equipment and material, shall be used
only in the performance of municipal duties and shall not be used or converted for
personal benefit or use.
Unauthorized use of Municipal property for other than civic purposes is not
pennitted and may result in disciplinary action.
Every employee is held responsible for exercising all reasonable care to prevent
abuse to, excessive wear of, or loss of, Mlll1icipal equipment or material entrusted
to the employee's care.
Page #38
Municipal employees are entrusted 'With information and data used for the
administration of the municipal government and not generally available to the
public. Moreover, certain employees have access to information of a sensitive or
confidential nature, which is not to be made known to others in the Corporate
structure. Both types of information must be distributed on a need-ta-know basis
only.
Systems, procedures, reports and information developed by the Municipality shall
not be given or loaned to, or shared with, any other persons, company or
organization without the permission of the appropriate Senior Manager. The
approval of the Chief Administrative Officer must be secured before information
regarding computerized systems is divulged.
48.9 Public Statements
The C.A.O. is responsible for making policy statements concerning municipal
business to the news media. The Senior Manager may deal with all departmental
operational issues.
48.1 0 Criminat Code Offences
Any employee convicted of an offence under the Criminal Code of Canada may
be suspended from employment dependent on the nature of the offence and its
relationship to the duties of the employee.
48. i1 Penalties and Appeats
1. Any infraction or transgression of the Code of Ethics may result in the
Municipality taking the following action:
a) Instruct the employee to divest himselflherself of the outside interest or
transfer it to a blind trust;
b) Transfer the employee to another division of the department or arrange a
transfer to another department (if a position is available);
c) Remove the employee temporarily from the duties which brought about
the conflict of interest;
d) Accept the resignation of the employee;
e) Initiate disciplinary action in the form of:
i) an oral or written reprimand;
ii) suspension without pay for a period of time;
iii) a recommendation that the employee be dismissed.
2. The employee may appeal as prescribed in this Agreement.
48.12 Compliance
aJ This Code of Ethics must be observed by ail employees of the
Corporation.
b) Senior Managers are responsible for ensuring that employees are aware of
this Code of Ethics, that it is regularly re-circulated and reviewed by
employees, and that employees comply with its provisions.
c) A Senior Manager who is of the opinion that an employee is breaching
this Code of Ethics shall immediately notify the C.A.O. of this situation in
writing.
d) Compliance with this Code of Ethics constitutes a condition of
employment, and breaches of the Code of Ethics may result in disciplinary
action up to and including dismissal. When an employee has breached
this Code of Ethics, the Senior Manager and the Human Resources
Page #39
Department shall detennine jointly if disciplinary action is warranted and,
if so, what disciplinary action is appropriate.
e) Where an employee has reason to believe that a Senior Manager has
committed a breach of this Code of Ethics, he/she may approach the Chief
Administrative Officer directly and in strict confidence.
f) All new employees shall read and subscribe in writing to this Code of
Ethics upon commencing their employment with the Corporation.
49.0 DISCIPLINARY PROCEDURE
49.1 Disciplinary action should be corrective, not punitive.
49.2 When a situation arises where a senior manager feels that disciplinary action may
be required, he/she shall gather all the facts and discuss them with the employee
prior to instituting any disciplinary measures.
49.3 The Municipality shall follow the progressive disciplinary steps outlined below:
(a) The employee's supervisor shall discuss the problem with the employee
and shall give a verbal warning to the employee. This discussion shall be
documented by the supervisor.
(b) If further disciplinary action is required, a clear written warning from the
supervisor shall be issued to the employee outlining the nature of the
infraction, expected corrective action, and consequences if the employee
fails to comply. A copy of this letter shall be filed in the employee's
human resources personnel file. Any written response from the employee
should also be retained in the human resources personnel file.
(c) If necessary, a second written warning shall be issued to the employee by
the senior manager, indicating that this is a final warning before more
serious consequences shall follow. The consequences shall include further
disciplinary action up to and including dismissal from employment. A
copy of this letter shall also be placed in the employee's personnel file, a
copy provided to the Human Resources department.
(d) If the employee does not meet the requirements set out in the letter, the
senior manager shall meet with the Human Resources Department to
detennine further disciplinary action, which may include suspension
without pay. The employee concerned shall not be in attendance at this
portion of the meeting. Prior to a decision, the employee should be given
the opportunity to speak to the Human Resources Department. When a
decision is reached, the employee shall be infonned of the decision in
writing, and the appropriate action taken immediately. The employee
shall also be infonned in writing that further disciplinary incidents shall
lead to dismissal from employment and a copy of the written report should
be filed in the human resources personnel file.
(e) If all of the above steps do not resolve the problem, the Human Resources
Department shall meet and, in consultation with a labour relations
solicitor, shall recommend an appropriate action to Corporate Services.
Prior to Corporate Services making a final decision, it shall give the
employee (or his agent, or both) an opportunity to make representations
before it. Following such representations, which shall be held in-camera,
Corporate Services shall render its decision, in writing, to the employee,
within fourteen (14) working days. Council shall be infonned of the
Corporate Service's decision.
(t) In the event of an action by an employee which warrants immediate
suspension or dismissal, the C.A.O. may take the appropriate action,
which must be reviewed by the Corporate Services Committee. The
Corporate Services Committee must review, confinn or reject the
C.A.O. 's decision within a 14 day period.
(g) All final actions of Corporate Services mnst be approved by Connci!.
Page #40
50.0 ACCEPTABLE COMPUTER USE
Coverage: All employees who are authorized to use corporate computers and
related equipment, software and programs, shall comply with the
following policy.
Statement: The Municipality of Kincardine will identify responsibilities and
requirements of all technology users and provide guidance for the
use of Corporate desktop pes, laptops, and related components,
technologies and supporting software and hardware.
50.1 OVERALL PRINCIPLES
All equipment and software programs, information and data installed or created
on corporate equipment belongs to The Corporation of the Municipality of
Kincardine. This includes all programs, documents, spreadsheets, databases, and
methods or technologies developed using corporate equipment and/or software,
while employed by the Corporation.
50.2 Confidential information or data cannot be copied to removable media (e.g.
diskette, writeable CD) or downloaded electronically to another individual,
agency, public or private corporation, for any purpose other than approved
corporate business.
50.3 All electronic documents related to the Corporation, including emails that are
created, received and retained by an employee either electronically or on paper,
are considered to be records of the Corporation and as such are subject to all of
the access and privacy provisions of the Municipal Freedom of Information and
Privacy Act.
50.4 Equipment and software cannot be used for any activity for which an employee
receives remuneration or "in-kind" service or other personal benefits other than
those received directly from the Corporation.
50.5 Incidental and occasional personal use of corporate equipment and software is
allowed, similar to occasional use of the Corporation's telephones, providing such
limited use will not result in any measurable expense to the Corporation in time or
materials.
50.6 Employee use of Municipal electronic systems including but not limited to
equipment, hardware, software, data, databases, internet resources (hereafter
"electronic systems") is intended primarily for activities which are necessary to
the employment of the user. Municipal electronic systems are not intended for
personal use and employees shall not have any expectation of privacy when using
any Municipal electronic system.
50.7 Monitoring (including random spot checks) and reporting of abuses ofthis policy,
will be an on-going function of Human Resources Department.
51.0 INTERNET ACCESS AND ACCEPTABLE USE
51.1 Internet access is provided to employees for research and communication
purposes relevant to the Corporation's business and to provide such information
to residents and business partners.
51.2 Senior Managers, at their discretion, may choose to block public Internet access
for specific locations.
51.3 Corporate-provided Internet access and email are corporate resources and are to
be used for corporate business purposes.
Page #41
51.4 Personal use of the Internet and email is authorized within reasonable limits as
long as it does not interfere with or conflict with business lise, and provided the
employee has their supervisor's approval. However, under no condition is the
Internet to be used to access sites that generally are viewed as inappropriate.
51.5 Employees shall not knowingly:
1 Visit Internet sites that contain obscene, pornographic, hateful or
otherwise objectionable content.
2 Send any material that is obscene or defamatory or which is intended to
annoy, harass or intimidate another person or group of persons.
3 Use the Internet for illegal purposes, or to gather information to support illegal
activities.
51.6 Downloading of non-executable files for business use is permitted. These would
include reports, Adobe "PDF" files, spreadsheets, etc. Employees must ensure
the source is reliable as viruses can be introduced to the system through
spreadsheets and other documents.
51.7 Executable files may not be downloaded without authorization from the
employee's manager. Such software, if approved, must be checked for viruses
before execution.
51.8 Supervisors are responsible for their respective employees' use of the Internet.
The supervisors, along with the Human Resources Department, will co-ordinate
any action as a result of abuse of Internet privileges.
51.9 If email is not required as a pennanent record of the Corporation, it shall be read
and deleted from the system. If email is to be retained, employees shall print a
paper copy and place it in an appropriate file and then delete the email.
Alternatively, an electronic copy can be retained in an electronic folder.
51.10 Email messages are like any other communications that are created to correspond
with customers. As a result, professional business practices shall be adhered to in
respect to the creation and content of email messages.
51.11 Any person suspecting a virus or any other concern is regards to the municipal
computer system shall contact the IT Specialist.
52.0 SOFfWARE LICENSES. ACQUISITION. INSTALLATION AND
SUPPORT
52.1 Only software provided by the Municipality and/or licensed to the Municipality
may be installed on computer hardware that is provided by the Municipality.
Unauthorized software shall not be used. Any exceptions to the above require
approval from the LT. Specialist.
52.2 Software provided by the Municipality may only be installed on computer
hardware that is provided by the Municipality unless written approval has been
received from the LT. Specialist.
52.3 Software shall not be copied except for the sole purpose ofbackup.
Piracy is strictly prohibited.
52.4 The Municipality will retain licenses and original copies of all licensed software.
52.5 Beta versions of software and Internet downloads (including software upgrades,
freeware and shareware) must not be installed without written approval from the
LT. Specialist.
Page #42
52.6 Departments may request that a product be added to the corporate standard. The
LT. Specialist will add that product to the list of standards where, in their
judgment, the product will be of interest and benefit to a substantial number of
corporate users.
53.0 MANAGEMENT OF USERS
53.1 Departments must notify the LT. Specialist of all changes to be made to
employees' User IDs. This includes disabling the person's access (temporarily or
permanently), deleting the User ID, adding new users, changing access rights,
advising of employee location changes, etc.
53.2 Upon employee termination or transfer, all documentation, email, programs, etc.
are to be turned over to the employee's Senior Manager. No information is to be
deleted or otherwise made inaccessible or 000- functional regardless of storage
medium. All information remains the property of the Corporation.
53.3 Users must surrender any documentation in their possession relating to the
Corporation's hardware or software upon termination of their employment.
53.4 Management authorization must be given for an employee to have computer
access outside their own work area and for after-hours access to computers.
53.5 All User IDs and passwords are confidential to each user and are not to be shared
amongst users.
53.6 Users are accountable for all activities that occur under their User ID/password.
Users are responsible for immediately reporting any known or suspected
compromise of their User ID/password. If an irregularity is suspected, staff can
examine logs to determine if unauthorized usage may be occurring.
53.7 Passwords must not be left where someone else can [md it (e.g. taped to a PC,
under a keyboard, etc).
54.0 EFFECTIVE DATE
54.1 This agreement shall come into full force and effect on January 1, 2008.
54.2 This agreement shall be effective for the years 2008 and 2009.
54.3 In the event that this agreement expires prior to a new agreement being agreed
to by all parties, the existing agreement shall stay in place and regulate the
labour environment until the new agreement is ratified/signed by all parties.
Page #43
IN WITNESS WHEREOF the Municipality has hereto affixed its corporate seal
attested by the hand of its Mayor and Chi~..;A~stratlve Office; this
14#-< day of NCNGmher 200/Ct-<>ttle les have hereunto set
their han~ jJ"ld seals this '-1- 't-'--- day of Nn\lc .v-n'be.-v
=0~. ~ ~
ryer
SIGNED, SEALED AND DELNERED in the presence of:
EMPLOYEES GROUP
'tVov,O'"'$. Ib""'1..
Date
';)~ ...f(^,f2C
Kyle nell
on behalf of the
Employees Group
SENIOR MANAGERS GROUP
JJc;(.J '7 deb!
Date
~lcM,'&V(A'
ichele Barr,
on behalf of the
Senior Managers Group
MUNICIPALITY OF KINCARDINE
~
Mayor a Kraemer, on behalf
~ Municipality of KincardiJj'ne
)e,.>'- ~;Z~~
CAO John deRosenroll, on behalf
of the Municipality of Kincardine
~v iLl 'dob-=J-
Date
Page #44
SCHEDULE "A"
CLOTHING AND BOOT ALLOWANCE will be paid as follows:
1. Clothing Allowance
$115.00/year Paid through payroll- taxable benefit (No receipt required)
2. Boot Allowance and Safety Shirts (Specifically for health & safety purposes)
All employees shall be eligible for boot allowance and/or safety shirts, if job
reqUITes.
a) Boot Allowance
The employee may utilize up to $160.00/yr (Regular Full-time) &
$125.00/yr (Other than Regular Full-time) and may purchase up to two
pairs from this amount.
Note: the intent of this policy is to provide employees with green patch
safety boots.
b) Safety Shirts (Supplied by Employer)
Two/year (Certified CSA Z96-02 Class 2 level 2 standard) - Solid or Mesh
style)
Once per year payment will be issued for clothingfboots on or before September 30th
(please Note: receipts for boots must be received on or before September 15th of
each year)
Payment by exception will be made by the Human Resources Department.
New hires must submit their boot receipts within 2 weeks after their hire date and
payment will be made within 2 weeks.
Boot/Safety Shirts **Clothing, Boot, Safety Shirts $75.00
Only Boot & Safety + $75.00
Shirts
Public Works Overall Custodian All non-
Manager Responsible management
Operator employees not
listed in categories
to the left. Please
see note below
Building & Planning Foreperson Rink Attendant
Manager
Director of Mechanic
Recreation
Emergency Planning Building
Co-ordinator Inspectors
Administrative Fire Operator
Chief W aterIW aste
Water
Students (if Lead Hands
requirement of the
position)
Cemetery
Supervisor
5
Pa.e #4
Solid Wa,te 'Members of the
Attendant Health & Safety
Committee who
conduct workplace
insnections.
Horticulturist
Inside Maintainer
Maintenance
Person Fire Hall
Parks Sunervisor
Outside
Maintainer
Landfill Site
Utility Person
Landfill Site
Attendant
Cemetery
Attendant
Maintenance
Person/Custodian
Please note the following groups are excluded from the above category:
Employees receiving P .LL.B. are exempt from clothing allowance.
- Casual employees are exempt from clothing & boot allowance.
The following Public Work Employees, namely the mechanic and water & wastewater
operators are eligible for five pairs of coveralls per week (vis-a.-vis, a bulk municipal
service rental program).
**Employees who receive a uniform service will not be eligible for the $115.00/year
clothing allowance.
***Volunteer Firefighters shall receive 1 dress uniform per career after 5 years of
sefYlce.
Senior Managers shall receive 1 golf shirt annually.
The Administrative Fire Chief and Community Emergency Management Co-ordinator
shall receive a dress uniform on an as required basis.
Due to the make-up of the Health & Safety Committee, members may receive items in
Schedule' A' in accordance with:
_ Senior Managers = boot allowance & safety shirts only
_ Non-Management/Office Workers = boot allowance, safety shirts & $75.00
_ Non-Management/Outside Workers = boot allowance, safety shirts & clothing
allowance
*** All clauses pertaining to the Volunteer Firefighters shall remain in effect until such
time that a new separate agreement between the Municipality of Kincardine and
Firefighters has been duly passed.
Page #46
SCHEDULE "B"
MILEAGE RATEINOTES (PRIVATE VEHICLE)
Notes:
1. The mileage rate will increase/decrease in accordance with the County of Bruce
scheduled mileage rate. The Human Resources Department will monitor changes.
2. Individuals that drive municipal vehicles for personal driving will be subject to the
taxable benefits as per eRA guidelines.
Page #47
SCHEDULE flC"
EXPENSE ALLOWANCES - CONFERENCES AND CONVENTIONS
1.
SalarylW ages
An employee's regular salary or wages will be paid for the working days of the
conference or convention. No overtime salary will be paid for hours extended
outside the employee's normal working day or for travelling time. Please note:
Conferences & Conventions are a privilege, not a mandatory requirement
and thus, the employee is expected to contribute his/her time beyond the
normal working day.
2.
Meals
At cost, to a maximum of$1 00.00 per day with receipts. Allowance for meals
supplied as part of the cost of registration will not be paid and will reduce daily
maximum by the following: Breakfast - $20.00, Lunch - $30.00 & Supper,
$50.00).
3.
Travel
By air, if more economical. If not, by rail, bus or automobile. The rate per
kilometer for use of own automobile will be pursuant to Schedule B attached to
and fonning part of this agreement.
4.
Parking
Parking fees will be reimbursed at cost, supported by receipts, while attending the
conference or convention,
5.
Taxi and Rental Vehicles
Taxi fares or rental vehicles where the travelling arrangements make the use of
this necessary. Receipts are required for rental vehicles.
6.
Accommodation
All basic accommodation charges. All business calls in tandem with 1 personal
call/day will be permitted. (Receipts are required)
7.
Tips and Gratuities
Reasonable tips and gratuities.
8.
Extraordinary Expenses
Only if subsequently approved by the Mayor or CAO.
9.
Costs for Companion/Spouse
The Municipality will not pay the costs incurred because of a spouse or
companion accompanying an employee to an approved event unless prior
approval has been given by the Mayor or CAO.
10. Entertainment Expense
Entertainment expenses must be previously approved by the Mayor or CAO.
Page #48
SCHEDULE"D"
SENIOR MANAGEMENT EMPLOYEES
a) Senior Manae:ement
The following managers are designated senior managers in consideration of their
level of responsibility and duties. They are required to regularly put in extra
hours outside regular hours to attend meetings and to fulfill the job requirements.
CAO
Public Works Manager
Building & Planning Manager
Clerk
Director of Recreation
Treasurer
Administrative Fire Chief
b) Senior Managers overtime policy shall be:
i) Base Salary
includes attendance at the three regular Council meetings per month
(. 1" 2"d&3'" ')
I.e., meetmg .
the existing one week extra vacation time shall be included to
compensate the Council meetings attendance.
ii) Committee Duties/Overtime
For committee duties (including special meetings called by the Mayor)
and regular overtime hours worked each Senior Manager is to be paid
straight time or straight time off (i.e. at regular hourly rate)
Page #49
SCHEDULE "E"
SHIFT PREMIUM RATES
Shift premium shall be paid at $1.00 cents per hour for all hours worked outside regular
departmental hours
Water & Sewer Utility
Regular Hours
7:30 a.m. - 4:30 p.m. (5 days/week) includes 1 hr luuch
Public Works
7:30 a.m. - 4:30 p.m. (5 days/week) includes 1 hr luuch
Davidson Center
(Inside Maintainers)
8:00 a.m. - 4:00 p.m. includes ~ hr. lunch*
Parks/Horticulturist
7:30 a.m. - 4:30 p.m.
Employee/Department who utilizes flex hours will not be subject to a shift premium for
flex hours that are outside of regular departmental hours.
*Inside Maintainers at the Davidson Center must stay on-site during the lunch period and
be available for public service
Page #50
SCHEDULE "F"
STAND-BY REMUNERATION
a) Public WorkslRoads
Summer -
On a rotating basis one roads employee is paid $100.00 per week standby
from the 1st week of April to last week of October.
Winter -
Three Roads Foremen are paid $100.00 per week standby from 15t week of
November to last week of March.
Public Works Operators are paid $60.00 per week standby from 1st week
ofNovemher 1 st to last week of March.
b) Water/Sewer
All year round, on a rotating basis, one Wastewater and Water Operator is paid
$100.00 per week standby. (Singular license)
or
Operator (with dual wastewater/water license) who is able to be on call is paid $150.00
per week standby.
Operator in overall charge shall be paid $50.00 per week standby.
c) Emergency Services
The Emergency Services Coordinator shall be paid $100.00 per week to be on call and
carry the appropriate pager.
Page #51
SCHEDULE "G"
Groups Offered/Not Offered Benefits
Or
#1
#2
Or
OUpi Groun J oup #3
12.50/0 in lieu of Benefits Offered Benefits Not Offered 12.5% or
(P.LL.B.) Benefits
Working less thau 20 Working minimum of 20 Casual
hrs/week hrs
Contract Employees ex. Participates in the Benefit Students
Seasonal Program including the
vacation Progression
12.5% In Lieu includes
- Cooperators Grp. Ins.
- Greeu Shield Grp. Ins.
- Sick Time
- Easter Monday
- Civic Holiday
- Floater Holiday
- Compassionate Leave
- Clothiug Allowauce
Page #52
7~~'I;~eJ,"",N1:~108(3'5%;",~ .S~..~~3<~
~ 20013" OP\f;y20Q9~, ' , Y:
14 Chief Administrative Officer 88,776 91,883 92,327 95,558 95,878 99,234 99,429 102,909 102,980 106,585
13 Public Works Mananer 68,314 70,705 71,221 73,713 74,128 76,723 77,036 79,732 79,943 82,741
12 Administrative Fire Chief 65,891 68,197 68,798 71,206 71,705 74,215 74,613 77,224 77,519 80,233
Building & Planning Manager
Clerk
Director of Recreation
Treasurer
11 Emergency Planning Coord 30.38 31.45 31.61 32.72 32.85 34.00 34.08 35.28 35.32 36.56
Operator in Overall Resnonsibilit\l
10 24.11 24.96 24.99 25.87 25.87 26.78 26.76 27.70 27.64 28.61
9 Public Works Foreperson 23.79 24.62 24.61 25.47 25.43 26.32 26.25 27.17 27.07 28.01
Recreation Supervisor
Financial Coordinator
Suoervisor Revenue ServicesfTaxation
8 Aquatic & Pool Supervisor 22.88 23.68 23.65 24.48 24.40 25.26 25.16 26.04 25.92 26.83
Building Inspector
Deputy Clerk
I.T. Co-ordinator
Manager Econ. DvIpmt & Tourism
Mechanic
7 Operator/Maintainer WaterfWaste Water 22.22 23.00 22.93 23.73 23.62 24.45 24.31 25.1 25.02 25.89
6 Compliance Officer 21.53 22.29 22.18 22.98 22.84 23.63 23.49 24.31 24.14 24.98
Executive Assistant
Outside Maintainer -lead Hand
Solid Waste Attendant
5 Admin Asst. Planning & Building 20.33 21.04 20.93 21.66 21.53 22.29 22.13 22.90 22.74 23.53
Admin AsstfDispatcher - PW
Admin. Ass!. Water Depl.
Cemetery Supervisor
Lead Hand Davidson Centre
Parks Supervisor
Payroll/Accounting Clerk
Tourism Coordinator
4 Accounting Clerk 19.29 19.97 19.86 20.55 20.42 21.14 20.99 21.73 21.56 22.31
Accounting Payable/Accounting Clerk
Accounts Receivable/Accounting Clerk
Clerk TypislfRecept-Recreation
Horticulturist
Inside Maintainer
Licensing/Administration Clerk
Maintenance Person-Fire Hall
Outside Maintainer
Records CierkfReceplionist
Revenue Clk/Cash - Kincardine
Revenue elk/Cash - Underwood
Secretarv - Buildinn&PlanfRecnt./Cem.
3 Clerk TypistfRecept-Clk's Dept 18.45 19.09 18.98 19.64 19.51 20.19 20.04 20.7 20.58 21.30
Clerk Typist - CAO's Dept
Clerk TypisllRecept-Fire
Instructor
Landfill Site Attendant
Landfill Slte AttendanlfUtility Person
Maintenance Coordinator
2 Cemetery Attendant 17.69 18.31 18.19 18.83 18.70 19.35 19.21 19.88 19.71 20.40
LaserFiche Clerk
Lifeguard
Parks Worker
" Custodian 17.04 17.63 17.51 18.13 18.01 18.64 18.48 19.13 18.97 19.63
1b School Crossinn Guard 10.42 10.79 10.86 11.24 11.2 11.67 11.70 12.10 12.12 12.54
1, Attendant 8.18 8.47 8.49 8.78 8.80 9.10 9.11 9.43 9.41 9.74
SCHEDULE "H"
Page #53
Notes:
When a dual job employee is directed by their Supervisor to complete tasks in
their higher job grade position, they will be entitled to the higher rate of pay
associated with the higher grade.
Page #54
SCHEDULE "I"
Agreement between the
Senior Managers
and
Municipality of Kincardine
1. Due to the Senior Managers having to work in a political environment, it is
deemed that:
If at any time the Senior Manager is either terminated, demoted or restructured at
the discretion/action of Council/either upper or lower tier then: (If the demotion or
restructuring does not result in a reduction in salary then this clause does not
apply)
A. The Municipality shall pay the Senior Manager 1 month severance pay for
each year of accredited service in addition to the requirements under the
Employment Standards Act.
B. The severance payout shall have a maximum cap limit of 24 months.
C. A minimum of90 days notice shall be given by either party (Municipality or
Senior Manager) prior to any separation being enacted.
D. The Senior Manager is credited with five years of seniority, plus any
separately negotiated accredited service, at the commencement of his or her
employment with the Municipality. This seniority status shall be applicable to
all benefits.
E. A confidential list of Senior Managers hiring dates and credited service will
be kept on file in the Human Resources Department.
2. The Municipality agrees to allow/provide the Chief Administrative Officers use of
a municipal vehicle, subject to:
A. All personal use shall be recorded and the CAO shall be responsible for the
taxable benefit accruing.
B. The vehicle shall be maintained by the municipality, with fuel, licence, repairs
and insurance included.
Page #55
SCHEDULE "J"
COMPUTER PURCHASE GUIDELINES
The standard hardware would be - CPU (tower), monitor, keyboard, mouse, speakers and
printer. The standard software that would come with this equipment - Windows
operating system, word processing, spread sheet, internal and e-mail.
1. Minimum purchase of $500.00 with term of repayment no longer than one year
maximum. (26 pays period as long as pay frequency remains bi-weekly).
2. Purchase of$500.01 up to and including $1,000.00 will have a repayment term of two
years maximum. (52 pays period as long as pay frequency remains bi-weekly).
3. Purchase of$1000.01 up to and including $3,000.00 will have a repayment term of
three years maximum. (78 pays period as long as pay frequency remains hi-weekly).
4. No additional purchases can be made until the term of repayment has expired.
5. Once an employee has completed the term of the agreement, the employee may enter
into another agreement.
6. To obtain applicable forms please see Human Resources Department.