HomeMy WebLinkAbout16 005 Triparite Agreement By-law 2016 THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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BY -LAW
NO. 2016 - 005
BEING A BY -LAW TO ENTER INTO A TRIPARTITE AGREEMENT WITH
EMPLOYEES OF THE MUNICIPALITY OF KINCARDINE
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. 2011 -155 was passed on the 18th day of January, 2012
to establish personnel policies for the employees of the Municipality of Kincardine
and reflect the negotiation settlements;
AND WHEREAS the Council of The Corporation of the Municipality of Kincardine
deems it expedient to enter into an agreement to reflect the updated negotiation
settlements and personnel policies 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 That By -law No. 2011 -155 is hereby repealed.
4. This by -law shall come into full force and effect upon its final passing.
5. This by -law may be cited as the "Tripartite Agreement By -law 2016 ".
READ a FIRST and SECOND TIME this 13th day of January, 2016.
Y rY
READ a THIRD TIME and FINALLY PASSED this 13th day of January, 2016.
Mayor Clerk
•
This is Schedule "A" " to By -Law
No. U 0 05 passed the I �J day
of J QCuCa j 20 I (a
TRIPARTITE AGREEMENT
This AGREEMENT made this 13th day of January, 2016.
BETWEEN:
THE EMPLOYEE GROUP
THE SENIOR MANAGERS GROUP
MUNICIPALITY OF KINCARDINE
TO CONSOLIDATE AND ESTABLISH PERSONNEL
POLICIES FOR EMPLOYEES OF
THE MUNICIPALITY OF KINCARDINE
Page #2
TRIPARTITE AGREEMENT
Table of Contents
SECTION PAGE #
ABSENCE WITHOUT LEAVE 19.0 16
ACCEPTABLE COMPUTER USE 47.0 33
ALCOHOL/DRUG/EMOTIONAL PROBLEMS 45.0 30
ANNUAL EMPLOYEE EVALUATION 34.0 22
ANNUAL VACATIONS 16.0 13
BEREAVEMENT /COMPASSIONATE LEAVE 23.0 17
CODE OF ETHICS 46.0 31
COMPLAINT PROCEDURE 44.0 28
CONFERENCE AND CONVENTIONS 27.0 19
DEFINITIONS 1.0 4
DRESS CODE 22.0 17
EARLY RETIREMENT BENEFITS 42.0 27
EFFECTIVE DATE 51.0 36
EMPLOYEE ADVANCEMENT AND RECLASSIFICATION 35.0 23
EMPLOYEE RECOGNITION PLAN 32.0 20
EMPLOYER RIGHTS 2.0 6
HOURS OF WORK 11.0 10
ILLNESS WHILE ON VACATION 37.0 24
INTERNET ACCESS AND ACCEPTABLE USE 48.0 34
INTERVIEW PROCEDURES 9.0 9
JOB CLASSIFICATION AND EVALUATION 4.0 7
JURY AND COURT DUTIES 24.0 18
LEAVE OF ABSENCE 18.0 16
LIFE INS., ACCIDENTAL DEATH AND DISMEMBERMENT 40.0 26
LONG TERM DISABILITY 39.0 26
MANAGEMENT OF USERS 53.0 41
MEDICAL BENEFITS 38.0 25
MEETING ALLOWANCE 30.0 19
NEPOTISM & COUNCIL RELATIONS 7.0 8
NEGOTIATION PROCESS 33.0 21
NEW POSITION CREATION 5.0 7
OFFICE HOURS 14.0 13
OVERTIME, LIEU TIME 12.0 11
PAID HOLIDAYS 17.0 15
PENSION BENEFITS AND RETIREMENT 26.0 19
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 28.0 19
SICK LEAVE 36.0 23
SOFTWARE LICENSES, ACQUISITION, INST. & SUPPORT 50.0 35
SPECIAL DEDUCTIONS & BENEFIT 43.0 28
STAFF TRAINING 15.0 13
Page #3
SECTION PAGE #
STAND -BY REMUNERATION 29.0 19
STEP -UP PAY 31.0 19
STUDENTS /CASUAL /CONTRACT EMPLOYEES WAGES 13.0 12
TERMINATION 21.0 16
VACANCIES 8.0 8
WORKPLACE SAFETY AND INSURANCE BOARD 41.0 26
SCHEDULES
"A" CLOTHING AND BOOT ALLOWANCE 38
"B" MILEAGE RATE/NOTES (PRIVATE VEHICLE) 40
"C" EXPENSE ALLOWANCES— CONFERENCES &
CONVENTIONS 41
"D" SENIOR MANAGEMENT EMPLOYEES 42
"E" SHIFT PREMIUM RATES 43
"F" STAND -BY REMUNERATION 44
"G" GROUPS OFFERED/NOT OFFERED BENEFITS 45
"H" PAY GRID 46
"I" SEVERANCE TERMS SENIOR MANAGERS 48
"J" COMPUTER PURCHASE GUIDELINES 49
The aforementioned Schedules are attached hereto and form part of this agreement.
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1.0 DEFINITIONS
1.1 In this Agreement, the following definitions will be used:
(a) Anniversary Date
Anniversary date shall mean the date upon which the employee becomes a regular
full -time or regular part-time.
(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.
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.
(f) Corporate Services
The term "Corporate Services" means 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.
(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).
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(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) Human Resources Committee
The term "Human Resources Committee" consists of the CAO, Director of Partks
& Recreation, Executive Assistant/Manager, Human Resources and
Treasurer /Director of Finance.
(q) Human Resources Department
The term "Human Resources Department" means the administrative department
staffed by the CAO and Executive Assistant/Manager, Human Resources.
(r) 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.
(s) 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.
(t) Municipality
The term Municipality" means The Corporation of the Municipality of
Kincardine.
(u) OMERS
The term "OMERS" means the basic pension plan provided by the Ontario
Municipal Employees Retirement System.
(v) Overtime
"Overtime" means any authorized hours in accordance with Section 12.
(w) P.I.L.B
PILB shall mean payment in lieu of benefits (12 %)
(x) 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.
(y) 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.
(z) 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.
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(aa) 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.
(bb) 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.
(cc) 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.
(dd) Senior Manager
The term "Senior Manager" shall apply to and include all employees designated
by the titles: Chief Administrative Officer, Director of Public Works,
Treasurer /Director of Finance, Clerk, Director of Building & Planning /CBO,
Director of Parks & Recreation and the Fire Chief.
(ee) Shift Premium
Shift Premium is paid to employees who work outside their normal working hours
and do not receive overtime for these hours.
(ff) Students
Students shall mean an individual who works their regular scheduled school
vacation period.
(gg) Volunteer Fireperson
Covered under the 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 1S day of January
annually, the salary ranges for each pay grade set out in Schedule "H" shall apply for
those who qualify.
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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.
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
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, 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.
Page #8
(b) All other positions shall be hired by the Senior Manager within their approved
budgets, in cooperation with the Human Resources Department.
(c) The Volunteer Firefighters hiring process is regulated by the Establish and
Regulatory Fire Department By -Law.
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)
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- Employment Contract and Casual employees that have accumulated more than 910
hours
- Volunteer Firefighters
8.3 Students are excluded from internal postings.
8.4 Probationary employees can not apply for positions that are advertised internally until
their probation period is complete or the position is advertised externally, whichever
comes first.
8.5 The 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.
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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
Regular part-time employees shall be on probation for a period of 910 working
hours from the most recent date of hire.
Prior to completion of the probationary period, the Senior Manager shall review
the performance during the probationary period with the employee and advise the
Human Resources Department of the employment continuation decision. The
employee and senior manager will be notified in writing regarding the Human
Resources Department decision.
10.2 General
(a) It is the responsibility of the Senior Manager to ensure that the performance of a
probationary employee is monitored and the proper documentation completed and
forwarded to the Human Resources Department.
(b) The decision to dismiss a probationary employee will be made by the Senior
Manager in consultation with the Human Resources Department and Council will
be notified.
(c) After completion of the probationary period, seniority for the purpose of salary
grid increases shall be effective from the employee's most recent date of hire.
(d) Longstanding employees who have worked greater than 5 years and who are
awarded a new Corporation position, shall be subject to a 3 month probationary
period. (The original, regular status hire date shall be their seniority date for
vacation i.e., your previous 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
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(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 the exception of the Davidson Centre "day" shall mean
ten hours for the Inside Maintainers' employed on a 40 -hour per week basis.
(b) Fifteen minute break periods and a lunch period shall be provided in accordance
with the ESA.
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.
(b) Core hours must be maintained.
12.0 OVERTIME, LIEU TIME
(Non- Management Employees)
12.1 (a) Regular full time employees overtime will consist of any authorized hours by an
eligible employee in excess of 35 hours in a calendar week for a 35 hour per week
employee or more than 40 hours in a calendar week for a 40 hour per week
employee.
(b) Regular full -time employees are paid at 1 1/2 times the hourly rate. Lieu time
taken means 1 1/2 hours off for each hour worked.
(c) Employees may bank a *maximum number of hours that are equivalent to two (2)
normal work weeks. (Ex. non - management employee 80 hours x 1.5 — 120 hours).
(d) Payment of unused bank time up to November 30 will be included with a
December pay; UNLESS payroll has been advised prior to the first pay in
December, of the hours that have been approved for time off during the month of
December.
(e) The maximum number of hours accumulated between December 1S and
December 31' may be carried over to the next year with senior manager approval.
(f) Overtime records shall be kept by the senior manager. Please note: the overtime
hours shall also be documented on the employee's timesheet.
(g) All overtime to be paid must be documented on the timesheets and note hours
actually worked not hours to be paid.
(h) 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.
12.2 Call In
(a) 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.
(b) On call (dealing with emergency work situations from home)
When a non - management employee, while on call, has to deal with an emergency
work situation from their home outside normal working hours, (example:
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monitoring water alarms by telephone), the employee shall receive pay based on
(30) minutes intervals. (For clarification purposes: 18 minutes = 30 minutes pay;
40 minutes = 60 minutes pay)
Due to the various scenarios that could be created by this situation, the Chief
Administrative Officer may have to make minor interpretations to deal with
specific situations.
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) Payment of unused bank time up to November 30 will be included with a
December pay; UNLESS payroll has been advised prior to the first pay in
December, of the hours that have been approved for time off during the month of
December.
(d) All overtime to be paid shall be documented on the bi- weekly timesheets and note
hours actually worked not hours to be paid.
(e) 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.
(f) 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.
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(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 minimum wage + $1.00 per hour
Other
Special Needs Co- ordinator minimum wage + $1.25 per hour
Playground Supervisor minimum wage + $1.25 per hour
Fitness Instructors $20.00 per class (class is 1 hr.)
Babysitting Instructor $10.25 per hour
Kindergym Instructor $12.25 per hour
14.0 OFFICE HOURS (All Administrative Departments)
The normal hours of business for all administrative departments shall be 8:30 A.M. to
4:30 P.M.
15.0 STAFF TRAINING
15.1 Employees shall be provided with the training necessary to carry out their tasks in a safe
and efficient manner. Senior Managers may, within their approved budgets, schedule
employees for specific training. The Municipality shall cover 100% (one hundred
percent) of the tuition costs for any courses required by the Municipality. The Senior
Manager is authorized to approve paid travel time for training functions that are
mandated by the Municipality. Completion of a professional development request form
is required for approval to attend any training course, meeting, workshop, seminar or
conference, prior to registration.
15.2 Each Senior Manager shall determine the type of training and the
certifications /professional designations required in their department. These decisions
shall be reflected in the annual business plan and budget process.
15.3 Employee wishing to receive an advance to cover eligible expenses may make a written
itemized request and the Senior Manager may authorize an advance up to 85% of eligible
expenses. The employee on return must file an expense report showing eligible expenses
incurred less the advance 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
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At the end of the calendar year Granted 1 day /month of service
of the 1s year of hire up to 10 days. (paid @ 4% gross pay) (No
carry over will be granted)
During 1s 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.
After one full calendar year 10 days (paid at 4% of previous
of continuous service 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
After thirty -five years of 1 extra week after anniversary
continuous service date = 7 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 14% after forty 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.
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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' s office
must notify payroll, in writing, additional carry over has been granted.)
16.11 Where an employee leaves the service of the Corporation because of termination,
retirement or death the employee is entitled to all pay entitlements, which include
vacation pay. Payable to the employee or estate, as the case may be.
16.12 While an employee is on LTD (Long Term Disability) the employee does not accumulate
vacation or any other employee recognition credits.
17.0 PAID HOLIDAYS
17.1 The following paid holidays will be recognized by the Corporation. All regular part-time
and regular full time employees will be allowed a one day leave from work, subject to the
conditions expressed below with the exception of playground students.
New Year's Day Family Day
Good Friday Easter Monday
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.
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.
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17.11 Where any of the above holidays occur during an illness, the statutory day will not be
charged against the employee's sick leave credits.
17.12 Where an employee is required to work on a holiday, he will be granted one day of leave
from work in lieu of such holiday at a time mutually agreeable to the employee and his
Senior Manager
or
Receive public holiday pay for the day plus premium pay for the hours work at 11/2 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)
18.0 LEAVE OF ABSENCE
18.1 The Corporation may grant an unpaid leave of absence to any employee for personal
reasons. Employees shall not accumulate service while on such leave nor shall they be
entitled to any benefits.
18.2 Leave of absence is intended for long term scheduled absences and will be determined on
a case -by -case basis,
18.3 Unpaid personal leaves of absence of up to one month in duration may be authorized by
the Senior Manager. Personal leaves of absence of more than one month in duration must
be authorized by the Chief Administrative Officer.
18.4 A request for a leave of absence of more than one month in duration should be made in
writing at least one month prior to the desired commencement date of the leave. If the
Corporation grants such leave, it shall confirm the 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.
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
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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 $275.00. (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 44.
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:
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.
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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
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
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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 42
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.
Completion of a professional development request form is required for approval to attend
any training course, meeting, workshop, seminar or conference, prior to registration.
28.0 SHIFT PREMIUM
28.1 All regular employees that are shift workers shall be paid shift differential pursuant to
Schedule "E" attached to and forming part of this Agreement.
28.2 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.
29.0 STAND -BY REMUNERATION
29.1 Employees entitled to stand -by remuneration shall be remunerated pursuant to Schedule
"F" attached to and forming part of this Agreement.
30.0 MEETING ALLOWANCE
30.1 Committee Secretaries that are not municipal employees shall receive $75.00 /meeting for
all meeting preparations, meeting time and minutes.
31.0 STEP -UP PAY
31.1 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
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discretion of the senior manager. (The step up plan that is created by each Senior
Manager must be approved by the C.A.O.)
31.2 Non - Management Employees:
Step up pay shall be calculated as follows:
If an employee in Group lc 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.
31.3 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.
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.
31.4 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.
31.5 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.
31.6 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.
31.7 If a statutory holiday falls within the period that the employee is stepped up, the step up
pay still applies.
31.8 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.
32.0 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.
32.1 Recognition of service shall be for regular full /part time & recurring seasonal employees
reaching 5, 10, 15, 20, 25 and 30 years of service.
32.2 Employee(s) will receive an appropriate corporate memento and/or gift as outlined below
in recognition of their contribution and years of service.
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32.3 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.
32.4 Service Recognition Awards:
5 Years: $50 Dinner Gift Certificate
10 Years: Gold tie -pin or gold pendent with municipal logo or set of crystal wine
glasses with inscribed Municipal Crest or a $200.00 gift certificate. Not to
exceed $200.00 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 or
employee's choice of a gift. Not to exceed $400.00 in value.
25 Years: Municipal Gold Ring with Crest or employee's choice of a gift. Not to
exceed $500.00 in value.
30 Years: Employee's choice of a gift up to $300.00 in value.
After 30 years employee's will be recognized in 5 year increments. 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.
33.0 NEGOTIATION PROCESS
Preamble:
The intent of this tripartite agreement is to foster employee relations in balance with
fiscal responsibility by the employer. This agreement contains personnel policies that are
common to both employee groups (Non- Management & Senior Management) and
clauses that are specific to each group. Therefore, the spirit of this tripartite agreement is
to allow mutual gain through the use of one common agreement, yet prohibit employee
groups from commenting on clause /policies that are not applicable to that group.
33.1 The negotiation process is a defined process to evaluate the Agreement over a defined
period of time. (Length of Agreement).
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33.2 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.
33.3 The regular full and part-time non - management employees shall elect 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.
33.4 Senior Management employees shall form a separate negotiating group from those
employees outlined in Schedule D.
33.5 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
Committee, in camera, and schedule meetings with the employee negotiating groups to
discuss the requests. This negotiating process may require several meetings.
33.6 It is the general intention of the Municipality to conclude the negotiating process prior to
January 1s 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.
33.7 Nothing in this section shall preclude the Council and employees from agreeing to a
multi -year salary and benefit package.
33.8 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.
34.0 ANNUAL EMPLOYEE EVALUATION
34.1 An evaluation of each full or part-time employee's job performance will be carried out
each year. A new employee hired after September 1S 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.
34.2 Evaluations shall be in writing and completed by the employee's immediate supervisor.
34.3 In the case of the C.A.O.'s evaluation the Council of the Corporation of the Municipality
of Kincardine will conduct the performance appraisal for the Chief Administrative
Officer which will include a self - evaluation component. The performance appraisal will
be done quarterly during the one year probationary period and annually after that period.
34.4 The evaluation is to be completed prior to the calendar year end for each employee in the
following manner:
(i) Sufficiently before the completion date, the supervisor shall write down an
evaluation of each employee's job performance under his jurisdiction, using the
form supplied by the Human Resources Department. He shall give one copy of
the completed form to the employee for his perusal.
(ii) Within one week of the receipt of his copy the employee shall meet with the
supervisor to discuss the evaluation. 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.
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(iii) In the event of disagreement, the employee may follow the complaint procedure
outlined in Section 44 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.
35.0 EMPLOYEE ADVANCEMENT AND RECLASSIFICATION
35.1 Employees shall annually progress from one step to another within their position's pay
grade on January 1S 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).
35.2 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.
36.0 SICK LEAVE
Coverage: All Regular full -time employees & regular part-time employees working a
minimum 20 hrs /week.
Statement: The Corporation will provide to eligible employees a salary continuance
insurance plan to protect its employees from financial hardship in the
event of legitimate, substantiated illness or accident in the form of sick
leave.
36.1 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). *Employee may utilize up to 2 days /year from their sick bank for
personal /compassionate days for family emergencies. 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.
Note: Employees must note on their timesheet sick time or personal time.
36.2 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.
36.3 (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).
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36.4 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.
36.5 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.
36.6 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.
36.7 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.
36.8 Special sick time consideration will be at the discretion of the C.A.O.
36.9 Medical /Dental Appointments
i. Any employee who attends a medical /dental appointment within the Municipality
of Kincardine will be allowed travel time.
ii. Any employee who attends a medical /dental specialist appointment outside of the
Municipality of Kincardine will be allowed travel time in addition to the
appointment time for said appointment. (This will be debited from their sick leave
allocation)
iii. The Senior Manager or the Human Resources Department may require a copy of
the appointment card/note to confirm his/her absence from work.
37.0 ILLNESS WHILE ON VACATION
37.1 An employee who becomes ill while on vacation shall not be placed on sick leave unless
hospitalized or confined to residence by doctor's orders. (Under exceptional
circumstances in case of serious illness, sick leave may be granted at the discretion of the
Chief Administrative Officer.) The employee would then be entitled to the unused
portion of his/her vacation after recovery from the illness. Minor illnesses and injuries
may cause some degree of discomfort or disability to an employee while on vacation, yet
for the most part, these do not necessitate complete removal from the vacation setting or
loss of the beneficial effects of the holiday. However, when an employee on vacation
becomes seriously ill or injured, he or she should be entitled to sick leave based upon
medical evidence.
37.2 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.
37.3 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.
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37.4 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.
38.0 MEDICAL BENEFITS
General
38.1 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.
38.2 Medical benefits are optional with each employee and not a condition of employment,
where they are already otherwise covered.
38.3 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).
38.4 Coverage commences on the first date of employment.
38.5 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 dependents 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.
38.6 Extended Health Care
38.7 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.
38.8 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.
38.9 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.
38.10 Premiums and benefits shall be based on the *current Ontario Dental Association fee
schedule. Any disputes regarding the administration of the plan or payment of benefits
lie between the employee and the insurance carrier.
38.11 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 and laser eye
surgery is an eligible benefit with the current vision care maximum.
38.12 Any disputes regarding administration of the plan or payment of benefits lie between the
employee and the insurance carrier.
38.13 Safety Glasses
II,
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Option #1 Employer supplied exterior safety glasses provided by the Municipality of
Kincardine. (All employees, if required).
Option #2 Prescription safety glasses up to *$250.00 every two years 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.
39.0 LONG TERM DISABILITY
39.1 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.
39.2 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.
39.3 Eligibility for long -term disability benefits shall be determined by the insurance
company.
39.4 The Municipality shall pay 100% of the billed premium for the long term disability plan.
39.5 The Human Resources Department shall manage the long term disability process and
resulting back to work issues on a case -by -case basis.
39.6 Employees on long -term disability may, after 12 months, cease to be an employee of the
Municipality.
39.7 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.
40.0 LIFE INSURANCE, ACCIDENTAL DEATH AND DISMEMBERMENT
(A.D. &D)
40.1 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.
40.2 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.
40.3 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.
40.4 Employees employed after age 65 to age 70 may continue enrollment in the life insurance
plan with a 50% reduction in life benefits.
41.0 WORKPLACE SAFETY AND INSURANCE BOARD (WSIB)
41.1 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.
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41.2 If an employee believes that a condition has arisen because of work related injury at a
later date, they must notify the supervisor immediately.
41.3 The supervisor shall document all cases of injury and report any significant lost time
accidents immediately to the CAO.
41.4 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.
41.5 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.
41.6 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.
41.7 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.
41.8 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.
42.0 EARLY RETIREMENT BENEFITS
Coverage: Employees who retire early with the qualifying factors listed below.
Terms:
1. Eligibility is based on the non - management employee being a minimum age of 55
with ten (10) years of continuous service with the Municipality. Senior
management employee being a minimum age of 55 with five (5) 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.
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6. Dental/Vision
Dental/Vision 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.
43.0 SPECIAL DEDUCTIONS & BENEFIT
Coverage: All employees
Statement:
The Corporation may offer certain plans that employees may partake (i.e. CSB /Computer
Purchases). Note: RSP's are grandfathered and will not be offered to any other
employees.
43.1 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.
43.2 Information about special deduction plans will be circulated as deemed appropriate by the
Corporation.
43.3 Use of the Davidson Centre Health Club, *Aqua Fit and *municipal employee instructed
programs is provided by the Municipality of Kincardine as a benefit to encourage healthy
living. Davidson Centre Health Club is provided to all employees, councillors, spouses,
retired employees and dependent 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.
*Conditional upon spaces not used by paying customers. (Employees take priority over
spouses and dependents)
43.4 High Speed Internet discount through Bruce Telecom. (For details please contact Bruce
Telecom)
43.5 Cell phone discount through Bruce Telecom. (For details please contact Bruce Telecom)
43.6 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
44.0 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.
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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.
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,
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c) waive the established time limits in order to deal with the right and just substance
of the complaint.
45.0 ALCOHOL/DRUG/EMOTIONAL PROBLEMS
Coverage: All employees
Statement:
45.1 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.
45.2 Procedure:
Assisting an employee who has a drug /alcohol problem or emotional problem is a co-
operative venture of the individual employee and management and may require referral
to, and assistance from, one or more treatment agencies listed at the end of this policy. It
has been found that this team concept produces the best results. Clear directions from
management are required to motivate the employee to accept help. The success or failure
of the rehabilitation programs /treatment programs will be measured through work
performance and attendance data. The facts should therefore be properly recorded and
brought to the employee's attention on a regular basis. The employee needs to know that
in the end, their job depends on their successful rehabilitation.
Step 1
Whenever it is suspected that poor work performance, attendance, employee relations or
other problems indicate the existence of a drug /alcohol /emotional problem, the Senior
Manager will conduct an interview with the employee. The employee is informed by his
Senior Manager that their work must improve within a specified time frame (usually one
month), or a formal letter of warning will be issued to the employee.
The employee is then informed of the resource agencies. Details of this interview are to
be recorded by the Senior Manager and filed with Human Resources Department.
NOTE
The employee may actually initiate this step, and in fact the employee should be
encouraged to do so.
Step 2
A confidential record of the employee's performance is maintained by the Human
Resources Department who, after the time frame specified in Step 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
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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.
46.0 CODE OF ETHICS
Coverage: All employees
46.1 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.
46.2 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.
46.3 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.
46.4 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:
46.5 Private Interests Defined
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.
46.6 Outside Employment
1. No employee may engage in outside work or a business undertaking
as an employee or shareholder that:
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a) Interferes with the performance of duties under the employment of the
Municipality;
b) May provide an advantage derived from Municipal employment;
c) Is likely to influence or affect the carrying out of municipal duties;
2. Employees may take supplementary employment, including self - employment,
unless such employment:
a) Is performed in such a way as to appear to be an official act, or to
represent a municipal opinion;
b) Unduly interferes with regular duties;
c) Constitutes an additional full -time job.
46.7 Gifts, Favours and Services
A Municipal employee shall not accept a gift, favour or service from any individual or
organization in the course of the performance of civic duties other than:
a) the normal exchange of hospitality among persons doing business, 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.
Exceptions to this section must be approved in writing by both the Mayor and CAO.
46.8 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.
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46.9 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.
46.10 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.
46.11 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.
46.12 Compliance
a) This Code of Ethics must be observed by all employees of the Corporation.
b) Senior Managers are responsible for ensuring that employees are aware of this
Code of Ethics, that it is regularly re- circulated and reviewed by employees, and
that employees comply with its provisions.
c) A Senior Manager who is of the opinion that an employee is breaching this Code
of Ethics shall immediately notify the C.A.O. of this situation in writing.
d) Compliance with this Code of Ethics constitutes a condition of employment, and
breaches of the Code of Ethics may result in disciplinary action up to and
including dismissal. When an employee has breached this Code of Ethics, the
Senior Manager and the Human Resources 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.
47.0 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
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Corporate desktop PCs, laptops, and related components, technologies and
supporting software and hardware.
47.1 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.
47.2 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.
47.3 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.
47.4 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.
47.5 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.
47.6 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.
47.7 Monitoring (including random spot checks) and reporting of abuses of this policy, will be
an on -going function of Human Resources Department.
48.0 INTERNET ACCESS AND ACCEPTABLE USE
48.1 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.
48.2 Senior Managers, at their discretion, may choose to block public Internet access for
specific locations.
48.3 Corporate- provided Internet access and email are corporate resources and are to be used
for corporate business purposes.
48.4 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.
48.5 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.
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48.6 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.
48.7 Executable files may not be downloaded without authorization from the employee's
manager. Such software, if approved, must be checked for viruses before execution.
48.8 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.
48.9 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.
48.10 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.
48.11 Any person suspecting a virus or any other concern is regards to the municipal computer
system shall contact the IT Specialist.
49.0 SOFTWARE LICENSES, ACQUISITION, INSTALLATION AND SUPPORT
49.1 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.
49.2 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.
49.3 Software shall not be copied except for the sole purpose of backup.
Piracy is strictly prohibited.
49.4 The Municipality will retain licenses and original copies of all licensed software.
49.5 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.
49.6 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.
50.0 MANAGEMENT OF USERS
50.1 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 User ID, adding new users, changing access rights, advising of employee location
changes, etc.
50.2 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.
50.3 Users must surrender any documentation in their possession relating to the Corporation's
hardware or software upon termination of their employment.
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50.4 Management authorization must be given for an employee to have computer access
outside their own work area and for after -hours access to computers.
50.5 All User IDs and passwords are confidential to each user and are not to be shared
amongst users.
50.6 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.
50.7 Passwords must not be left where someone else can find it (e.g. taped to a PC, under a
keyboard, etc).
51.0 EFFECTIVE DATE
51.1 This agreement shall come into full force and effect on January 1, 2016.
51.2 This agreement shall be effective for the years 2016, 2017, 2018 and 2019. 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 attested by the
_hand of its Mayor and Chief Administrative Officer this I3 day of
Janu0f 2016. The parties have hereunto set their hands and seals this I T3 day
of ,��t*u G( , 2016.
SIGNED, SEALED AND DELIVERED in the presence of:
NON - MANAGEMENT EMPLOYEES GROUP
c.13Ii (0 0 O ALIbr „," 4
DI Anna Cascone, on behalf of the
Non - Management Employees Group
I ruce Emmerton, on behalf of the
Non - Management Employees Group
Dal nt, on behalf of the
Non - Management Employ • es Group
w
ennifer ' hite, on behalf of the
on- Mana:ement Employees Group
SENIOR MANAGERS GROUP
I3111, X'- 1- 7
1 Da a Kent Padfield, on behalf of the
Seni Managers Grou
-
Murray Clarke, on behalf of the
Senior Managers Group
Page #37
MUNICIPALITY OF KINCARDINE ._.,\
i )4- PdHO 'An
Date Mayor Anne Eadie, on behalf
of the Munici • f Ki cardbie
A cc,
CAO Murray Clarke on behalf
of the Municipality of Kincardine
Page #38
SCHEDULE "A"
CLOTHING AND BOOT ALLOWANCE will be paid as follows:
1. Clothing Allowance
$165.00 /year or $125.00 (see chart below)
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.
a) Boot Allowance
The employee may utilize up to $205.00 /yr (Regular Full -time) & $165.00 /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)
Casual employees that are required to wear safety boots to perform their assigned
tasks are eligible to purchase boots.
Note: the intent of this policy is to provide employees with green patch safety
boots.
b) Safety Shirts (Supplied by Employer)
Two /year (Certified CSA Z96 -02 Class 2 level 2 standard) - Solid or Mesh style)
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.
Payment by exception will be made by the Human Resources Department.
Boot /Safety Shirts * *Clothing Boot, Safety Shirts $125.00
Only $165.00, Boot & $125.00
Safety Shirts
Public Works Overall Custodian All non-
Manager Responsible management
Operator employees not
listed in categories
to the left. Please
see note below
Building & Planning Foreperson Rink Attendant
Manager
Director of Mechanic
Recreation
Emergency Planning Building
Co- ordinator Inspectors
Fire Chief Operator
Water /Waste
Water
Students (if Lead Hands
requirement of the
position)
Inside Maintainers Cemetery
Supervisor
Facility Supervisor Solid Waste *Members of the
Page #39
Attendant Health & Safety
Committee who
conduct workplace
inspections.
Horticulturist
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 clothing allowance.
The following Public Work Employees, namely the mechanic and water & wastewater operators
are eligible for five pairs of coveralls per week (vis -a -vis, a bulk municipal service rental
program).
* *Employees who receive a uniform service will not be eligible for the $165.00 /year clothing
allowance. Public Works employees have the option to receive the coverall /uniform service or
$165.00. 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 Fire Chief and Community Emergency Management Co- ordinator shall receive a dress
uniform on an as required basis.
Davidson Centre staff that must wear supplied clothing, for identification purposes (i.e. Inside
Maintainers & Facility Supervisor) are not eligible for clothing allowance.
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 & $125.00
- Non - Management /Outside Workers = boot allowance, safety shirts & clothing
allowance
Page #40
SCHEDULE "B"
MILEAGE RATE/NOTES (PRIVATE VEHICLE)
Notes:
1. The mileage rate will increase /decrease in accordance with the County of Bruce scheduled
mileage rate. The Human Resources Department will monitor changes.
2. Individuals that drive municipal vehicles for personal driving will be subject to the taxable
benefits as per the CRA.
Page #41
SCHEDULE "C"
EXPENSE ALLOWANCES — CONFERENCES AND CONVENTIONS
1. Salary/Wages
An employee's regular salary or wages will be paid for the working days of the
conference or convention. No overtime salary will be paid for hours extended outside the
employee's normal working day or for travelling time. Please note: Conferences &
Conventions are a privilege, not a mandatory requirement and thus, the employee is
expected to contribute his /her time beyond the normal working day.
2. Meals
At cost, to a maximum of $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).
3. Travel
By air, if more economical. If not, by rail, bus or automobile. The rate per kilometer for
use of own automobile will be pursuant to Schedule B attached to and forming part of
this agreement.
4. Parking
Parking fees will be reimbursed at cost, supported by receipts, while attending the
conference or convention,
5. Taxi and Rental Vehicles
Taxi fares or rental vehicles where the travelling arrangements make the use of this
necessary. Receipts are required for rental vehicles.
6. Accommodation
All basic accommodation charges. All business calls in tandem with 1 personal call /day
will be permitted. (Receipts are required)
7. Tips and Gratuities
Reasonable tips and gratuities.
8. Extraordinary Expenses
Only if subsequently approved by the Mayor or CAO.
9. Costs for Companion /Spouse
The Municipality will not pay the costs incurred because of a spouse or companion
accompanying an employee to an approved event unless prior approval has been given by
the Mayor or CAO.
10. Entertainment Expense
Entertainment expenses must be previously approved by the Mayor or CAO.
Page #42
SCHEDULE "D"
SENIOR MANAGEMENT EMPLOYEES
a) Senior Management
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.
Chief Administrative Officer
Director of Public Works
Director of Building & Planning
Clerk
Director of Parks & Recreation
Treasurer /Director of Finance
Fire Chief
b) Senior Managers overtime policy shall be:
i) Base Salary
- includes attendance at the three regular Council meetings per month (i.e. 1St,
2nd & 3 meeting).
- the existing one week extra vacation time shall be included to compensate
the Council meetings attendance.
ii) Committee Duties /Overtime
For committee duties (including special meetings called by the Mayor) and
regular overtime hours worked each Senior Manager is to be paid straight time or
straight time off (i.e. at regular hourly rate)
Page #43
SCHEDULE "E"
SHIFT PREMIUM RATES
Shift premium shall be paid at $2.00 per hour for all hours worked outside regular departmental
hours
Regular Hours
Water & Sewer Utility 7:30 a.m. — 4:30 p.m. (5 days /week) includes 1 hr lunch
Public Works 7:30 a.m. — 4:30 p.m. (5 days /week) includes 1 hr lunch
Davidson Centre 8:00 a.m. — 4:00 p.m. includes V2 hr. lunch*
(Inside Maintainers)
Parks /Horticulturist 7:30 a.m. — 4:30 p.m.
Employee /Department who utilizes flex hours will not be subject to a shift premium for flex
hours that are outside of regular departmental hours.
*Inside Maintainers at the Davidson Centre must stay on -site during the lunch period and be
available for public service
Page #44
SCHEDULE "F"
STAND -BY REMUNERATION
a) Public Works/Roads
Summer - On a rotating basis one roads employee is paid $100.00 per week standby from
the P 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.
Public Works Operators are paid $60.00 per week standby from 1S week of
November 1S to last week of March.
Senior Mechanic or Mechanic shall be paid $60.00 per week standby from 1st
week of November to last week of March.
The Operations Manager shall be paid $50.00 per week standby.
b) Water /Sewer
All year round, on a rotating basis, one Wastewater and Water Operator is paid
$100.00 per week standby. (Singular license)
or
Operator (with dual wastewater /water license) who is able to be on call is paid $150.00 per week
standby.
The on call Operator will receive an additional 15% pay for operator -in- charge duties.
Overall Responsible Operator shall be paid $50.00 per week standby.
c) By -Law Enforcement Officer shall be paid $50.00 per week standby.
d) Facility Supervisor shall be paid $50.00 per week standby.
Page #45
SCHEDULE "G"
Groups Offered/Not Offered Benefits
Group #1 Group #2 Group #3
12.5% in lieu of Benefits Offered Benefits Not Offered 12.5% or
(P.I.L.B.) Benefits
Working less than 20 Working minimum of 20 Casual
hrs /week hrs
Contract Employees ex. Participates in the Benefit Students
Seasonal Program including the
vacation Progression
12.5% In Lieu includes
- Cooperators Grp. Ins.
- Green Shield Grp. Ins.
- Sick Time
- Easter Monday
- Civic Holiday
- Floater Holiday
- Compassionate Leave
- Clothing Allowance
Page #46
SCHEDULE "H"
Wage Increases: 2016 = 1 %, 2017 & 2018 = Minimum 1.25% or CPI Protection up to 1.75 %, 2019 = 1.75%
2016 Pay Grid
Senior Management
Grp Job Title Step 1 Step 2 Step 3 Step 4 Step 5
SM3 Chief Administrative Officer $132,491 $137,831 $143,574 $149,556 $155,788
SM2 Director of Public Works $ 96,433 $100,291 $104,301 $108,472 $112,812
SM1 Fire Chief $ 92,721 $ 96,430 $100,287 $104,299 $108,471
Clerk
Director of Building & Planning /CBO
Director of Parks & Recreation
Treasurer /Director of Finance
Non - Management
Grp „ Job Title Step 1 Step 2 Step 3 Step 4 Step 5
NM11 Emergency Planning Coord $ 36.39 $ 37.84 $ 39.34 $ 40.82 $ 42.30
Operator in Overall Responsibility
Manager of Operations - PW
Executive Assistant/Manager,
NM10 Human Res. $ 34.60 $ 35.87 $ 37.17 $ 38.44 $ 39.70
NM9 Aquatic Supervisor $ 33.56 $ 34.75 $ 35.97 $ 37.16 $ 38.30
Facility Supervisor
Financial Coordinator
Public Works Foreperson
Recreation Supervisor
Senior Mechanic
Supervisor Revenue
Services/Taxation
NM8 Building Inspector $ 29.77 $ 30.81 $ 31.84 $ 32.85 $ 33.88
Deputy Clerk
I.T. Coordinator
Mechanic
NM7 Financial Analyst $ 28.73 $ 29.66 $ 30.59 $ 31.50 $ 32.44
Operator /Maintainer Water/Waste
Water
Tourism Coordinator
NM6 Compliance Officer $ 28.59 $ 29.49 $ 30.36 $ 31.29 $ 32.14
Executive Assistant - Public Works
Fire Prevention Officer
Maintenance Coordinator
Outside Maintainer - Lead Hand
Parks Supervisor
Solid Waste Attendant
NM5 Administrative Assistant - Recreation $ 26.12 $ 26.89 $ 27.70 $ 28.49 $ 29.30
Cemetery Supervisor
Horticulturist
Payroll Administrator
Planning Coordinator
Senior Accounting Clerk
NM4 Accounts Payable /Payroll Clerk $ 23.71 $ 24.39 $ 25.12 $ 25.83 $ 26.55
Accounts Receivable /Accounting
Clerk
Administrative Assistant - Building &
Planning
Administrative Assistant - CAO's Dept.
Administrative Assistant - Fire Dept
Administrative Assistant - Public Works
Administrative Assistant - Recreation
Head Lifeguard /Instructor
GIS /Administrative Assistant -
Water/Waste Water
Inside Maintainer
Licensing /Administrative Assistant
Maintenance Person -Fire Hall
Outside Maintainer
Records Clerk/Receptionist
Revenue Cik/Cashier /Reception
NM3 By -Law Enforcement Officer $ 22.10 $ 22.74 $ 23.36 $ 24.00 $ 24.64
Instructor /Llfeg uard
Landfill Site Attendant
NM2 Cemetery Attendant $ 21.18 $ 21.78 $ 22.39 $ 23.00 $ 23.60
Parks Worker
NM1a Custodian $ 20.39 $ 20.98 $ 21.56 $ 22.14 $ 22.71
NM1 b School Crossing Guard $ 15.27 $ 15.92 $ 16.58 $ 17.21 $ 17.86
NM1c Pool Attendant $ 13.50 $ 13.99 $ 14.47 $ 14.92 $ 15.35
Rink Attendant
This pay grid is subject to change based on the Job Evaluation Process.
Page #47
Market Study: For Senior Management positions, an in -house market study shall be conducted
by a joint Council /Staff Committee in 2016 and every 4 years thereafter.
Notes: When a dual job employee is directed by their Supervisor to complete tasks in their higher
job grade position, they will be entitled to the higher rate of pay associated with the higher grade.
Page #48
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:
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.
III
Page #49
SCHEDULE "J"
COMPUTER PURCHASE GUIDELINES
The standard hardware would be — CPU (tower), monitor, keyboard, mouse, speakers and
printer. The standard software that would come with this equipment — Windows operating
system, word processing, spread sheet, internal and e -mail.
1. Minimum purchase of $500.00 with term of repayment no longer than one year maximum.
(26 pays period as long as pay frequency remains bi- weekly).
2. Purchase of $500.01 up to and including $1,000.00 will have a repayment term of two years
maximum. (52 pays period as long as pay frequency remains bi- weekly).
3. Purchase of $1000.01 up to and including $3,000.00 will have a repayment term of three
years maximum. (78 pays period as long as pay frequency remains 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.