HomeMy WebLinkAbout10 004 Tripartite Agreement 2010 & 2011 By-Law•
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY -LAW
NO. 2010 — 004
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, rights, 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 8 day of November,
2000 to establish personnel policies for the employees of the Municipality of
Kincardine;
AND WHEREAS the Council of The Corporation of the Municipality of Kincardine
adopted By -law No. 2007 -346 to amend the above mentioned personnel policies by-
law to reflect the 2008 & 2009 negotiation settlements with the employees of the
Municipality of Kincardine;
AND WHEREAS the Council of The Corporation of the Municipality of Kincardine
deems it expedient to enter into an agreement, to reflect the 2010 & 2011
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 That By -laws No. 2006 -021 and No. 2007 -346 are hereby repealed.
4. This by -law shall come into full force and effect upon its final passing.
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Tripartite Agreement (2010 & 2011)
By -Iaw No. 2010 - 004
4. This by -Iaw may be cited as the "Tripartite Agreement (2010 & 2011)
By-law".
READ a FIRST and SECOND TIME this 20 day of January, 2010.
READ a THIRD TIME and FINALLY PASSED this 20 day of January, 2010.
Qiil Clerk
BETWEEN:
TRIPARTITE AGREEMENT
This AGREEMENT made this 40 day of
THE EMPLOYEE GROUP
THE SENIOR MANAGERS GROUP
MUNICIPALITY OF KINCARDINE
TO CONSOLIDATE AND ESTABLISH PERSONNEL
POLICIES FOR EMPLOYEES OF
THE MUNICIPALITY OF KINCARDINE
2010.
TRIPARTITE AGREEMENT
Table of Contents
SECTION PAGE #
ABSENCE WITHOUT LEAVE 19.0 16
ACCEPTABLE COMPUTER USE 50.0 38
ALCOHOL /DRUG/EMOTIONAL PROBLEMS 47.0 33
ANNUAL EMPLOYEE EVALUATION 35.0 23
ANNUAL VACATIONS 16.0 13
BEREAVEMENT /COMPASSIONATE LEAVE 23.0 17
CODE OF ETHICS 48.0 34
COMPLAINT PROCEDURE 45.0 28
CONFERENCE AND CONVENTIONS 27.0 18
DEFINITIONS 1.0 4
DISCIPLINARY PROCEDURE 49.0 37
DRESS CODE 22.0 17
EARLY RETIREMENT BENEFITS 43.0 27
EFFECTIVE DATE 54.0 40
EMPLOYEE ADVANCEMENT AND RECLASSIFICATION 36.0 23
EMPLOYEE RECOGNITION PLAN 33.0 21
EMPLOYER RIGHTS 2.0 6
HARASSMENT POLICY 46.0 29
HOURS OF WORK 11.0 10
ILLNESS WHILE ON VACATION 38.0 24
INTERNET ACCESS AND ACCEPTABLE USE 51.0 38
INTERVIEW PROCEDURES 9.0 9
JOB CLASSIFICATION AND EVALUATION 4.0 7
JURY AND COURT DUTIES 24.0 18
LEAVE OF ABSENCE 18.0 15
LIFE INS., ACCIDENTAL DEATH AND DISMEMBERMENT 41.0 26
LONG TERM DISABILITY 40.0 26
MANAGEMENT OF USERS 53.0 39
MEDICAL BENEFITS 39.0 25
MEETING ALLOWANCE 31.0 20
NEPOTISM & COUNCIL RELATIONS 7.0 8
NEGOTIATION PROCESS 34.0 22
NEW POSITION CREATION 5.0 7
OFFICE HOURS 14.0 12
OVERTIME, LIEU TIME 12.0 11
PAID HOLIDAYS 17.0 14
PENSION BENEFITS AND RETIREMENT 26.0 18
PREGNANCY /PARENTAL /ADOPTION LEAVE 25.0 18
PROBATION 10.0 10
RECRUITMENT & HIRING POLICY 6.0 7
REGULAR REMUNERATION 3.0 6
REPORTING ABSENCE 20.0 16
SHIFT PREMIUM 29.0 20
SICK LEAVE 37.0 24
SOFTWARE LICENSES, ACQUISITION, INST. & SUPPORT 52.0 39
Page #2
SECTION PAGE #
SPECIAL DEDUCTIONS & BENEFIT 44.0 28
STAFF TRAINING- 15.0 12
STAND -BY REMUNERATION 30.0 20
STEP -UP PAY 32.0 20
STORM POLICY 28.0 18
STUDENTS /CASUAL /CONTRACT EMPLOYEES WAGES 13.0 12
TERMINATION
VACANCIES
WORKPLACE SAFETY AND INSURANCE BOARD
SCHEDULES
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21.0 16
8.0 8
42.0 26
CLOTHING AND BOOT ALLOWANCE 42
MILEAGE RATE/NOTES (PRIVATE VEHICLE) 44
EXPENSE ALLOWANCES— CONFERENCES &
CONVENTIONS 45
SENIOR MANAGEMENT EMPLOYEES 46
SHIFT PREMIUM RATES 47
STAND -BY REMUNERATION 48
GROUPS OFFERED/NOT OFFERED BENEFITS 49
PAY GRID 50
SEVERANCE TERMS SENIOR MANAGERS 52
COMPUTER PURCHASE GUIDELINES 53
The aforementioned Schedules are attached hereto and form part of this agreement.
Page #3
1.0 DEFINITIONS
1.1 In this Agreement , the following definitions will be used:
Page #4
(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 resolution/by -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 definition is to recognize and reward
employees who truly retire and not those who invoke their own terminate.
(c) C.A.O.
The term "C.A.O." means the Chief Administrative Officer of the Municipality of
Kincardine.
(d) Casual 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.I.L.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.
(0
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
'/2 %. 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.
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.
(j) Dual 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.
(k) 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.
(1) Employees 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
(o) 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)
(q)
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Human Resources Department
The term "Human Resources Department" means the administrative department
staffed by the CAO, Director of Recreation and Executive Assistant.
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 JEC shall be
representative of the workforce.
(s) Municipality
The term 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 1/2 %)
(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.
(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 Employee
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.
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(aa) Regular Part -time Employee
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) Seasonal Employee
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 & Planning 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.
(fO
Volunteer Fireperson
Covered under By -Law 2004 -160 (Fire Department Regulating 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 of
the 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.
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 of Kincardine.
3.0 REGULAR REMUNERATION
3.1 Employees shall receive remuneration for their position. Effective the 1 day of January
annually, the salary ranges for each pay grade set out in Schedule "H" shall apply for those
who qualify.
3.2 Each employee shall receive his /her pay on pay day; pay day being 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.
(b) 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.
(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
Page #7
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 (working a minimum of 20 hours per week) and regular full -time staff
shall be hired by resolution of Council, as per interview procedure, Section 9.0.
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(c) All contract, student, casual, recurring seasonal, regular part-time employees working
less than 20 hours per week (ex: crossing guard, rink attendants, lifeguards, instructors,
etc) 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 Volunteer 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 of this policy shall be referred to the Human Resources
Department of the Municipality of Kincardine.
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
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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 term "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.
8.8 If there is a change in the status of a position currently held by a regular part-time or recurring
seasonal employee to fulltime, and the incumbent current regular hours are 50% or greater of the
new required regular hours, the employee will be offered the fulltime position due to their
current standing with the Municipality.
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). Please note for positions in Group 4 or less, the Senior
Manager may appoint an alternate.
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.
(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 Employees
10.2 General
Page #10
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.
(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 anniversary date
shall be maintained).
(e) All new hires will be required to provide a police reference check paid by the Municipality.
The Human Resources Department shall review the police reference check to confirm the
suitability of the applicant being hired by the Municipality of Kincardine. The police
reference check will be the final vetting stage of the hiring process prior to the individual
being recommended for employment.
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) "Day" 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
(b) Fifteen minute break periods and a lunch period shall be provided in accordance with the
ESA.
11.2 Flex 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.
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.
12.2 Call In
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the exception of the Davidson Centre "day" shall mean ten hours for the Inside Maintainers'
employed on a 40 -hour per week basis.
(b) Core hours must be maintained.
(b) Regular full -time employees are paid at 1 '/2 times the hourly rate. Lieu time taken means 1
'/2 hours off for each hour worked.
(c) Employees should try to use up all accumulated overtime by the end 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 and December 31 may be carried over to the
next calendar year.
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) minute period worked by the employee.
12.3 Regular Part- Time /Recurring Seasonal/Contract /Student /Casual
(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 bi- weekly timesheets and note hours
actually worked not hours to be paid.
(d) 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.
(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 and forming 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 be documented on the bi- weekly timesheets.
13.0 STUDENTS /CASUALS /CONTRACT 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 Contract employees shall be paid step 1 of the pay grid position plus P.I.L.B.
(The probationary period shall be stipulated in the contact).
13.2 Casual employees shall be paid 15% less than Step 1 Grade 4.
13.3 Students
All Students
Other
Special Needs Co- ordinator
Playground Supervisor
Fitness Instructors
Babysitting Instructor
Kindergym Instructor
14.0 OFFICE HOURS (All Administrative Departments)
minimum wage + $1.00 per hour
minimum wage + $1.25 per hour
minimum wage + $1.25 per hour
$20.00 per class (class is 1 hr.)
$10.25 per hour
$12.25 per hour
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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
Page #13
incurred less the advance along with itemized cash register receipts or other receipt
documentation that indicates dates, name of supplier and amount paid including taxes paid.
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 (including medical certification payment), as part of job requirement,
will be paid by the Municipality excluding "G" licence. AZ licence renewal fees & medical
certificate payment will be paid at the discretion of the Department Head.
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 Vacation Entitlement
At the end of the calendar year Granted 1 day /month of service
of the 1 year of hire up to 10 days. (paid @ 4% gross pay) (No carry
over will be granted)
After one full calendar year
of continuous service
During 1 month of hire, employee shall be
credited with 1 day vacation if they worked
more than 11 days in the month.
Employees may be granted unpaid
days off to top up (earned vacation)
to ten days off.
10 days (paid at 4% of previous
years gross earnings less any
vacation pay) (No carry over will be granted)
After three years of 1 extra week after anniversary
continuous service date = 3 weeks.
After nine years of 1 extra week after anniversary
continuous service date = 4 weeks
After seventeen years of 1 extra week after anniversary
continuous service date = 5 weeks
After twenty -five years of 1 extra week after anniversary
continuous service 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 10% after seventeen years
8% after nine 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 any one time.
16.10 The Senior Manager may permit an employee to carry over a maximum of ten (10) days
vacation credits into the following year. (Senior Managers must notify the Human Resources
Department and Payroll in writing that carry over 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 CAO 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
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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
Victoria Day Canada Day
Civic Holiday Labour Day
Thanksgiving Day Christmas Day
Boxing Day
*2 Floater Days
(Supplemental Holidays)
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 pay /floater pay shall be calculated as per ESA.
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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 31S
17.6 *Employees hired after June 30 are granted 1 floater day for the first calendar year hired and
2 floaters starting January 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
18.0 LEAVE OF ABSENCE
or
Receive public holiday pay for the day plus premium pay for the hours work at 1'/2 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)
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 terms 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.
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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: All 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 CAO 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.
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 terms 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 BEREAVEMENT /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 Full -time Employees
The Corporation will pay an employee up to:
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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), daughter (step), mother (step)
or father (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 regular time lost in
the event of the death of an employee's grandmother, grandfather, brother, sister,
grandchild, step - parents, step brother /sister, father -in -law, mother -in -law.
c) One (1) 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, uncle, niece, nephew,
grandparents of a spouse and aunt or uncle of an employee's 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 statutory holiday
under the Employment Standards Act.
23.3 Employees receiving P.I.L.B. will not receive pay for bereavement /compassionate leave.
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 of ten (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
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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 Parental/Adoption 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, be 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 Municipality will make such
contributions on the employees' behalf as required 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 lieu 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, and gratuities, must be substantiated with itemized cash
register receipts or other receipt documentation that indicates dates, name of supplier and
amount paid including taxes paid.
28.0 STORM POLICY
Purpose:
This 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
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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 of the meeting, the
meeting shall be cancelled.
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 by 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
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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 determined
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 of the 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 "E" attached to and forming part of this Agreement.
29.2 Shift differential shall not be paid for hours worked as outlined on Schedule "E" 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.
31.0 MEETING ALLOWANCE
31.1 Committee Secretaries that are not municipal 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 perform 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. Determination 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 and be paid
at the step 1.
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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 within the period that the employee is stepped up, the step up pay
still applies.
32.8 Water /Sewer Department On -Site Supervision
The Overall Responsible Operator may assign a trained and willing individual to provide on-
site supervision for a sewer /water excavation project. Therefore, the employee shall be paid
15% premium to their hourly wage for the duration of the project supervision.
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 of 910 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 municipal logo or set of crystal wine glasses with
inscribed Municipal Crest or a $100.00 gift certificate. 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 of a 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 Municipality will pay for all dye charges for pendants, pins etc.
34.0 NEGOTIATION PROCESS
Preamble:
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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 "negotiating 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. 15 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
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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 1 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 carried out each
year. A new employee hired after September 1 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.
35.4 The evaluation is to be completed prior to the calendar year end for each employee in the
following manner:
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. This 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" 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.
(i)
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 provided the employee's performance evaluation is "satisfactory" or better.
The employee must accumulate a minimum of 910 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 movement of each step).
36.2 A position's pay grade may be reviewed upon application to the Human Resources
department who shall determine 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 SICK LEAVE
37.8 Special sick time consideration will be at the discretion of the C.A.O.
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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 fmancial hardship in the event of
legitimate, substantiated illness or accident in the form 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 1S 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.
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.
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
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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.
39.0 MEDICAL BENEFITS
General
39.1 The Municipality of Kincardine reserves the right to select the insurance carrier for medical
benefits. In all cases, the sole obligation of the Municipality is to determine the benefits to
be provided under the plan(s) and pay the premiums required by the plan(s). Any disputes
regarding the administration of the plan or payment of benefits lie between the employee and
the insurance carrier. 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 hundred 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 regular 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
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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 Employer 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.
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 -term 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 of Kincardine 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 -term disability benefits shall be determined by the insurance company.
40.4 The Municipality shall pay 100% of the billed premium for the long term disability plan.
40.5 The Human Resources Department shall manage the long term disability process and
resulting back to work issues on a case -by -case basis.
40.6 Employees on long -term disability may, after 12 months, cease to be an employee of the
Municipality.
40.7 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
(A. D. & D)
41.1 Life insurance 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.
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 CAO.
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 immediately. 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.
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 CAO. 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
otherwise 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:
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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 65 birthday this benefit plan will terminate.
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 50/50 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.
44.0 SPECIAL DEDUCTIONS & BENEFIT
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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.
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.
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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.
Step 5
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.
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.
Page #30
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 CAO for immediate investigation, which may or 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
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 her/him 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 Human 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
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Every complainant shall be informed that there are formal or informal options available to
him/her.
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 CAO 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.
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 Employees
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 (joint 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 1 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 "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.
46.25 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.
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 or 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.
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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.
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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 fmal
"rebuttal" based on all evidence submitted. Transcripts of these fmal 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.
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
Page #34
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 1, 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:
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. This 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 Defined
48.6 Outside Employment
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;
48.7 Gifts, Favours and Services
Exceptions to this section must be approved in writing by both the Mayor and CAO.
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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
iii) seeking employment or benefits from the Municipality
2. It is important to emphasize that conflict of interest relates to the potential for
wrongdoing as well as to actual or intended wrongdoing.
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.
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, in 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 Municipality 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 government.
Employees shall not use the name "Corporation of the Municipality of Kincardine" to obtain
discounts for privately purchased goods and services.
Employees shall not receive or demand preferential treatment in the use of municipal
facilities or services unless it is a requirement of formal duties or as provided for under the
authority of Council.
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 permitted 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, Municipal equipment or material entrusted to the employee's
care.
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 -to -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.
48.10 Criminal 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.
48.11 Penalties and Appeals
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 himself/herself 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
a) This Code of Ethics must be observed by all employees of the Corporation.
Page #36
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.
Page #37
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 Department shall determine 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 determine 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 informed
of the decision in writing, and the appropriate action taken immediately. The
employee shall also be informed 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 informed of the
Corporate Service's decision.
(f) 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
(g)
Page #38
Corporate Services Committee. The Corporate Services Committee must review,
confirm or reject the C.A.O.'s decision within a 14 day period.
All fmal actions of Corporate Services must be approved by Council.
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
PCs, 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 of this 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 #39
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 use, 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 permanent 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 SOFTWARE 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 I.T.
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 I.T.
Specialist.
52.3 Software shall not be copied except for the sole purpose of backup.
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 I.T. Specialist
52.6 Departments may request that a product be added to the corporate standard. The I.T.
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 I.T. Specialist of all changes to be made to employees' User
IDs. This includes disabling the person's access (temporarily or permanently), deleting the
Page #40
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 non - 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 find 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, 2010.
54.2 This agreement shall be effective for the years 2010 and 2011.
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.
IN WITNESS WHEREOF the Municipality has hereto affixed its corporate seal
the hand of its Mayor and Chief Administrative Officer this -h
2010. The parties have hereunto set their hands and
day of in ,Ylupl 11 , 2010.
SIGNED, SEALED AND DELIVERED in the presence of:
EMPLOYEES GROUP
iar.aoaoO
Date
SENIOR MANAGERS GROUP
aO&
Date
MUNICIPALITY OF KINCARDINE
jo n 1 C)
Date
Susan math
on'behalf of the
Employees Group
Kyle
on behalf of the
Employees Group
q
Karen Kieffer,
on behalf of the
Senior ; anagers Group
e MacKinnon,
o 'T� ehalf of the
Senior Managers Group
Mayor La 1 Kraemer, on behalf
of the Mu pality of Kincardine
CAO John deRosenroll, on behalf
of the Municipality of Kincardine
Page #41
attested by
day of
seals this
Boot /Safety Shirts
Only
* *Clothing,
Boot & Safety
Shirts
Boot, Safety Shirts
+ $75.00
$75.00
Public Works
Manager
Overall
Responsible
Operator
Custodian
All non-
management
employees not
listed in categories
to the left. Please
see note below
Building & Planning
Manager
Foreperson
Rink Attendant
Director of
Recreation
Mechanic
Emergency Planning
Co- ordinator
Building
Inspectors
Administrative Fire
Chief
Operator
Water/Waste
Water
Students (if
requirement of the
position)
Lead Hands
Cemetery
Supervisor
Solid Waste
Attendant
*Members of the
Health & Safety
Committee who
conduct workplace
inspections.
Horticulturist
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 requires.
b) Safety Shirts (Supplied by Employer)
Two /year (Certified CSA Z96 -02 Class 2 level 2 standard) - Solid or Mesh style)
Payment by exception will be made by the Human Resources Department.
Page #42
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.
(Receipts are to be submitted for payment within the same calendar year of purchase)
Note: the intent of this policy is to provide employees with green patch safety boots.
3. The Employer will provide personal protective equipment (PPE) to protect all workers during
the course of employment with the Municipality of Kincardine. All costs associated with
PPE shall be borne by Municipality and the decision to purchase /replace the specified safety
equipment will be at the discretion of the Senior Manager.
Please note the following groups are excluded from the above category:
- Employees receiving P.I.L.B. are exempt from clothing allowance.
- Casual employees are exempt from clothing & boot allowance.
Page #43
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. Public Works employees have the option to receive the coverall/uniform service or
$115.00. As of January 1 of each year the Public Works Manager will create a master list showing
the selection of each employee and changes to this list may be made upon the approval of the Senior
Manager.
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
Inside Maintainer
Maintenance
Person Fire Hall
Parks Supervisor
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.I.L.B. are exempt from clothing allowance.
- Casual employees are exempt from clothing & boot allowance.
Page #43
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. Public Works employees have the option to receive the coverall/uniform service or
$115.00. As of January 1 of each year the Public Works Manager will create a master list showing
the selection of each employee and changes to this list may be made upon the approval of the Senior
Manager.
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
SCHEDULE "B"
MILEAGE RATE/NOTES (PRIVATE VEHICLE)
Page #44
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 the CRA.
1. Salary/Wages
2. Meals
3. Travel
4. Parking
SCHEDULE "C"
EXPENSE ALLOWANCES — CONFERENCES AND CONVENTIONS
Page #45
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.
At cost, to a maximum of $100.00 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).
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 forming part of this
agreement.
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.
a) Senior Management
SCHEDULE "D"
SENIOR MANAGEMENT EMPLOYEES
Page #46
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.
b) Senior Managers overtime policy shall be:
i) Base Salary
- includes attendance at the three regular Council meetings per month (i. e. 1 St 2 nd
& 3 meeting).
ii) Committee Duties /Overtime
CAO
Public Works Manager
Building & Planning Manager
Clerk
Director of Recreation
Treasurer
Administrative Fire Chief
- the existing one week extra vacation time shall be included to compensate the
Council meetings attendance.
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)
Water & Sewer Utility
Public Works
Davidson Center
(Inside Maintainers)
Parks /Horticulturist
SCHEDULE "E"
SHIFT PREMIUM RATES
Page #47
Shift premium shall be paid at $2.00 per hour for all hours worked outside regular departmental
hours
Regular Hours
7:30 a.m. — 4:30 p.m. (5 days /week) includes 1 hr lunch
7:30 a.m. — 4:30 p.m. (5 days /week) includes 1 hr lunch
8:00 a.m. — 4:00 p.m. includes 1/2 hr. lunch*
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
a) Public Works /Roads
SCHEDULE "F"
STAND -BY REMUNERATION
Page #48
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 1 week of November
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
Public Works Operators are paid $60.00 per week standby from 1 week of
November 1 to last week of March.
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.
12.5% in lieu of Benefits
(P.I.L.B.)
Offered Benefits
Not Offered 12.5% or
Benefits
Working less than 20
hrs /week
Working minimum of 20
hrs
Casual
Contract Employees ex.
Seasonal
Participates in the Benefit
Program including the
vacation Progression
Students
12.5% In Lieu includes
- Cooperators Grp. Ins.
- Green Shield Grp. Ins.
- Sick Time
- Easter Monday
- Civic Holiday
- Floater Holiday
- Compassionate Leave
- Clothing Allowance
Group #1
SCHEDULE "G"
Groups Offered/Not Offered Benefits
Group #2
Group #3
Page #49
14
Yay Uroups & Fay Scales
by Position (Effective Jan. 1, 2010 2% increase & Jan. 1, 2011 2%
increase)
Step
93,721
1
95,595
Step
97,469
2
99,419
Step
101,219
3
103,243
Step
104,967
4
107,067
Step
108,717
5
110,891
Chief Administrative Officer
13
Public Works Manager
72,119
73,561
75,187
76,691
78,257
79,823
81,327
82,953
84,396
86,084
12
Administrative Fire Chief
Building & Planning Manager
Clerk
Director of Recreation
Treasurer
69,561
70,952
72,630
74,083
75,699
77,213
78,768
80,344
81,838
83,474
11
Emergency Planning Coord
Operator in Overall
Responsibility
32.08
32.72
33.37
34.04
34.68
35.37
35.99
36.71
37.29
38.04
10
25.46
25.97
26.39
26.92
27.32
27.87
28.25
28.82
29.18
29.76
9
Financial Coordinator
Manager Econ. Dvlpmt &
Tourism
Public Works Foreperson
Recreation Supervisor
Supervisor Revenue
Services/Taxation
25.11
25.61
25.98
26.50
26.85
27.39
27.71
28.26
28.57
29.14
8
Aquatic & Pool Supervisor
Building Inspector
Deputy Clerk
I.T. Co-ordinator
Mechanic
24.15
24.63
24.97
25.47
25.77
26.29
26.56
27.09
27.37
27.92
7
Executive Assistant
Operator /Maintainer
Water/Waste Water
23.46
23.93
24.20
24.68
24.94
25.44
25.66
26.17
26.41
26.94
6
Compliance Officer
Outside Maintainer - Lead Hand
Solid Waste Attendant
22.74
23.19
23.42
23.89
24.10
24.58
24.80
25.30
25.48
25.99
5
Admin Asst. Planning & Building
Admin Asst/Dispatcher - PW
Cemetery Supervisor
Lead Hand Davidson Centre
Parks Supervisor
Payroll /Accounting Clerk
Senior Accounting Clerk
Tourism Coordinator
21.46
21.89
22.09
22.53
22.74
23.19
23.36
23.83
24.00
24.48
4
Accounting Clerk
Accounting Payable /Accounting
Clerk
Accounts Receivable /Accounting
Clerk
Admin. Asst. Water Dept.
Clerk Typist/Recept - Recreation
Fire Prevention Officer
Horticulturist
Inside Maintainer
Licensing /Administration Clerk
Maintenance Person -Fire Hall
Outside Maintainer
Records Clerk/Receptionist
Revenue Clk/Cash - Kincardine
Revenue CIk/Cash - Underwood
Secretary - Building & Plan
20.37
20.78
20.96
21.38
21.56
21.99
22.16
22.60
22.76
23.22
3
Clerk Typist - CAO's Dept
Clerk Typist/Recept -Clk's Dept
Clerk Typist/Recept -Fire
Instructor
Landfill Site Attendant
Landfill Site Attendant /Utility
Person
Maintenance Coordinator
Recruitment and Retention Co-
ordinator
19.47
19.86
20.03
20.43
20.59
21.00
21.15
21.57
21.73
22.16
2
Cemetery Attendant
Lifeguard
Parks Worker
Records Retention Clerk
18.68
19.05
19.21
19.59
19.74
20.13
20.28
20.69
20.81
21.23
1a
Custodian
17.98
18.34
18.49
18.86
19.01
19.39
19.51
19.90
20.02
20.42
1 b
School Crossing Guard
11.01
11.23
11.46
11.69
11.90
12.14
12.34
12.59
12.79
13.05
1 c
Rink Attendant
9.60
9.79
9.92
10.12
10.25
10.46
10.56
10.77
10.87
11.09
SCHEDULE "H"
Page #50
Page #51
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.
SCHEDULE "I"
Severance Terms
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:
Page #52
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 of 90 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
(wages /OMERS /Group Insurance/Vacation Entitlement).
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.
SCHEDULE "J"
COMPUTER PURCHASE GUIDELINES
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).
Page #53
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.
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 bi- 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.