StLawrence TownCouncil 2009-12

8/2/2019 StLawrence TownCouncil 2009-12

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COLLECTIVE AGREEMENT

between

ST. LAWRENCE TOWN COUNCIL

and

NEWFOUNDLAND AND LABRADOR

ASSOCIATION OF PUBLIC AND PRIVATE EMPLOYEES

Effective: July 1, 2009 - June 30, 2012



TABLE OF CONTENTS

1 Preamble ....................................................................... 1

2 Management Rights ........................................................ 1

3 Definit ions ..................................................................... 1

4 Recognition .................................................................... 4

5 Association Security ....................................................... 6

6 Check-Off ...................................................................... 7

7 Correspondence ............................................................. 8

8 Grievance Procedure ...................................................... 8

9 Arbitration ..................................................................... 11

10 Labour Management Committee ...................................... 13

11 State of Emergency Due to WeatherConditions ................................................................ 14

12 Probation, Discharge, Suspensionand Discipline ........................................................... 15

13 Seniority ....................................................................... 18

14 Promotions and Staff Changes ........................................ 20

15 Layoff and Recall .......................................................... 22

16 Hours of Work ............................................................... 23

17 Overtime ....................................................................... 24

18 Holidays ....................................................................... 26

19 Annual Leave ................................................................ 27

20 Sick Leave .................................................................... 29

21 Leave of Absence .......................................................... 31

22 Payment of Wages and Allowances ................................. 36

23 Strikes and Lockouts ..................................................... 37

24 Termination of Employment ............................................ 3725 Group Insurance ............................................................ 38

26 Pension Plan ................................................................. 38

27 Technological Change .................................................... 39

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28 Effect of Legislation ....................................................... 40

29 Contracting Out ............................................................. 40

30 Protective Clothing ........................................................ 40

31 Amendment by Mutual Consent ....................................... 41

32 Travel on Employer's Business ....................................... 41

33 Salaries ........................................................................ 42

34 Job Security .................................................................. 42

35 Duration ....................................................................... 42

36 Severance Pay .............................................................. 43

Schedule "A" - Salary Rates ........................................... 44

Letters of Understanding ................................................ 45



THIS AGREEMENT made this day of , Anno

Domini, Two Thousand and Nine;

BETWEEN:

TOWN OF ST. LAWRENCE

of the one part;

AND

THE NEWFOUNDLAND AND LABRADOR ASSOCIATION OF

PUBLIC AND PRIVATE EMPLOYEES, a body corporate organized

and existing under the laws of the Province of Newfoundland and

having its registered office in the City of St. John's aforesaid

(hereinafter called the "Union");

of the other part;

THIS AGREEMENT WITNESSETH that for and in consideration of

the premises and covenants, conditions, stipulations, and provisos

herein contained, the parties hereto agree as follows:



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ARTICLE 1 PREAMBLE

1:01 The purpose of this Agreement is to maintainharmonious and mutually beneficial relationshipsbetween the Employer, the employees and the

Association, to set forth certain terms and conditionsof employment relating to remuneration, hours of work,safety, employee benefits and general workingconditions affecting employees covered by thisAgreement and to reserve to the Employer all thoserights and authorit ies not specif ically abridged herein.

1:02 In the event that there is a confl ict between thecontext of this Agreement and any regulations orpolicies made by the Employer, this Agreement shalltake precedence over the said regulations or policies.

ARTICLE 2 MANAGEMENT RIGHTS

2:01 The Union recognizes that it is the right of theEmployer to exercise the regular and customaryfunction of management and to direct the workingforce, subject to the terms of this Agreement. Thequestion of whether any of these rights is l imited bythis Agreement shall be decided through the Grievanceand Arbitration Procedure.

ARTICLE 3 DEFINITIONS

3:01 For the purpose of these condition s:

(a) “Association” means the Union, the Newfoundlandand Labrador Association of Public and PrivateEmployees with headquarters in St. John’s.

(b) "Bargaining Unit" means all employees affectedby this contract and as per the Certif ication Orderpresented by the Labour Relations Board.

(c) "Classif ication" means the identif ication of aposition by reference to a class tit le and pay.



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(d) "Council" is the Council of the Town of St.Lawrence.

(e) "Day" means a working day unless otherwisenoted.

(f) "Day of rest" means a calendar day on which anemployee is not ordinari ly required to perform theduties of his/her posit ion other than:

(i) a designated holiday; or

(i i) a calendar day on which the employee is onleave of absence.

(g) "Demotion" means an action, other than reclass -if ication resulting from the correction of a

classif ication error, which causes the movementof an employee from his/her existing classif i-cation, to a classif ication carrying a lower pay.

(h) "Employee" or "employees" where used is acollective term, except as otherwise providedherein, including all persons employed in thecategories of employment contained in thebargaining unit. Whenever the masculine is usedin this Agreement, i t shall refer equally to thefeminine.

(i) "Employer" means the Town of St. Lawrence asrepresented by the Council or Council 'sdesignate.

(j) "Holiday" means the twenty-four (24) hour periodcommencing at 12:01 a.m. on a calendar daydesignated as a holiday.

(k) "Layoff" means a temporary cessat ion ofemployment due to lack of work or abolit ion of apost. However, i t is agreed that the employeeretains all r ights in accordance with Article 13.

(l) "Leave of absence" means absence from dutywith the permission of the Employer.



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(m) "Month of service" means a calendar month inwhich an employee is in receipt of ful l salary orwages in respect of the prescribed number ofworking hours in each working day in the monthand includes a calendar month in which an

employee is absent on special leave.(n) "Notice" means notice in writ ing which is handdelivered or delivered by certif ied or registeredmail.

(o) “Overtime” ( i) Full t ime employees - all t ime worked in

excess of eight (8) hours per day or forty (40)hours per week.

(i i) Part-t ime employees - all t ime worked by a

part-t ime employee in excess of eight (8)hours per day or forty (40) hours pe r week.

(p) "Part-t ime employee" means a person who isregularly employed to work less than the fullnumber of working hours in each working day orless than the full number of working days in eachwork week.

(q) "Permanent employee" means a person who hascompleted the probationary period and isemployed on a full t ime or part t ime basis withoutreference to any specified date of termination ofservice.

(r) "Probationary employee" means a person whohas been employed by the Employer but hasworked less than the prescribed probationaryperiod.

(s) "Probationary period" shall be ten (10) calendarweeks for all employees. It is agreed that theprobationary period for part-t ime and temporaryemployees shall be equal in working hours to thatof ful l t ime employees.

(t) "Promotion" means an action, other thanreclassif ication resulting from the correction of aclassif ication error, which causes the movement



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of an employee from his/her existingclassif ication to a classif ication giving higherpay.

(u) "Reclassif ication" means any change in the

current classif ication of an existing posit ion.

(v) "Schedule" means notif ication given in writ ing andposted in a place accessible to all employees.

(w) "Standby" means any period of t ime during which anemployee is required, at the direction of theEmployer, to be available for reca ll to work.

(x) "Temporary employee" means a person who isemployed for a specific period or for the purpose

of performing certain specified work and who maybe laid off or terminated at the end of such periodor the completion of such work.

(y) "Termination" means the final severance ofemployment of an employee subject to Clause13:04.

(z) "Vacancy" means an opening which is either per -manent, part-t ime or of a temporary nature formore than three (3) weeks.

(aa) "Week" means a period of seven (7) consecutive daysbeginning at 0001 hours Sunday morning andending at 2400 hours on the following Saturdaynight.

(bb) "Weekday" means any eight (8) hour working day,Monday through Friday, except for the RecreationDirector whose hours of work shall be the sameas in past practice.

(cc) "Year" means the period extending from the first day ofJanuary in any year to the thirty-first day ofDecember in the same year, or any period oftwelve (12) consecutive months as the contextmay require.



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ARTICLE 4 RECOGNITION

4:01 (a) The Employer recognizes the Association as thesole and exclusive bargaining agent for allclasses of employees as l isted in the Certif ication

Order issued by the Labour Relations Board, andany class or posit ion as mutually agreed betweenthe parties since the above-noted Order wasissued.

(b) It is understood and agreed that persons employed onspecial projects sponsored by the Employer shallnot be members of the bargaining unit.

4:02 Any unresolved dispute on future inclusions orexclusions in the bargaining unit wil l be referred by

either party to the Labour Relations Board foradjudication.

4:03 Work of the Bargaining Unit

Persons who are not within the bargaining unit shallnot work on any jobs which are included in thebargaining unit, except in the case of an emergency.

4:04 No Other Agreements

No employee shall be required or permitted to make awritten or verbal agreement with the Employer orhis/her representative, which may confl ict with theterms of this agreement.

4:05 No Discrimination - Employer Shall Not Discriminate

The Employer agrees that there shall be nodiscrimination whatsoever. For the purpose of thisClause and this Agreement, i t is agreed that the word“discrimination” shall be defined as follows:

“Discrimination means the subordination of groups or individuals resulting from a distinction, preference,restriction or exclusion that is based on impropergrounds such as race, sex, marital status, sexualorientation, religion, ethnic or national origin, age,



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physical or mental handicap, union affi l iation, unionmembership or office, etc.”

4:06 In the interest of maintaining a harmoniousrelationship between the Town Council, i ts employees

and the Association, both parties to this Agreementrecognize the value and rights of Shop Stewards andLocal President. By investigating complaints of anurgent nature, investigating, preparing and presentinggrievances on behalf of employees, carrying outassigned safety committee responsibil i t ies andattending management meetings when requested, it ishoped that Shop Stewards wil l encourage and protecta proper Employer/employee relationship in the workplace.

4:07 Bulletin Boards

The Council shall provide bulletin board facil i t ies forthe exclusive use of the Association, the sites to bedetermined by mutual agreement. The use of suchbulletin board facil i t ies shall be restricted to thebusiness affairs of the Association.

4:08 Association Access

(a) Employees shall have the right at any time tohave the assistance of a full t ime representativeof the Association on all matters relating toEmployer/employee relationships. Associationrepresentative(s) shall have access to theEmployer's premises in order to provide therequired assistance. Employees involved in suchdiscussions or investigation of grievances shallnot absent themselves from work except withpermission from their supervisor, and suchpermission wil l not be unreasonably withheld.

(b) Permission to hold meetings on the premisesshall in each case be obtained from the Employerand such meetings shall not interfere with theoperations of the Employer.

ARTICLE 5 ASSOCIATION SECURITY



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5:01 All employees within the bargaining unit shall becomeand remain members in good standing of the Union asa condition of employment. Any new employees withinthe scope of the bargaining unit shall as a condition ofemployment become members in good standing at the

commencement of their employment.

5:02 Such employees wil l be advised that the Employer wil lnot recognize any withdrawal of membership afterbeing hired.

5:03 Upon employment an employee wil l be provided withinformation concerning:

(a) duties and responsibil i t ies;

(b) starting salary and classif ication;

(c) terms and conditions of employment, with the factthat an Association Agreement is in effect andwith the conditions of employment set out in theArticles dealing with Association Security andDues Checkoff; and

where copies of the Collective Agreement have beenprovided to the Council by the Association, theemployee wil l receive a copy.

5:04 Association Security

New employees shall be provided with the names ofShop Steward(s), and where available, wil l beintroduced to him/her as soon as possible.

5:05 Interviewing Opportunity

A representative of the Association shall be given anopportunity to interview each new employee withinregular working hours without loss of pay for amaximum of thirty (30) minutes during the first monthof employment for the purpose of acquainting eachnew employee with the benefits and responsibil i t ies ofAssociation membership.



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ARTICLE 6 CHECK-OFF

6:01 The Employer shall deduct from the salary or wages ofall employees within the bargaining unit the amount ofmembership dues and forward same monthly to the

Association accompanied by a l ist of employeesshowing:

(a) the contributions of each;

(b) the employee's full name and classif ication andsocial insurance number;

(c) changes from previous l ist, e.g., additions,deletions, employee status, layoff, resigned,promoted outside the bargaining unit, etc.

6:02 The Employer agrees that when issuing T4 slips theamount of Association dues paid by an employee tothe Association during the current year wil l berecorded on his/her T4 statement.

6:03 The Association shall inform the Employer of theauthorized deductions to be made.

ARTICLE 7 CORRESPONDENCE

7:01 All correspondence between the parties arising out ofthis Agreement or incidental thereto, shall pass to andfrom the Town Manager and the President of theAssociation with a copy to the Mayor of the Town andthe Local President.

ARTICLE 8 GRIEVANCE PROCEDURE

8:01 Definit ion of Grievance

A grievance shall be defined as a dispute arising outof the interpretation, application or alleged violation ofthe Collective Agreement.

8:02 Prompt Procedure





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earnest effort shall be made to settle the grievance atthis Step, and the Town Manager shall render his/herdecision within f ive (5) days.

Step 2

Fail ing settlement at Step 1, either party may refer thegrievance to arbitration within ten (10) calendar daysof the Town Manager’s/Council ’s decision at Step 1.

8:08 Time Limits

Notwithstanding any other provisions of this Article,t ime l imits f ixed by this Article shall be consideredmandatory. Failure to meet same by the Associationshall be fatal to the grievance. If the Employer fails tomeet the time l imits so fixed by the Article then the

grievance shall be deemed to be upheld and theredress sought implemented.

8:09 Policy Grievance

Where a dispute arises involving a question of generalapplication or interpretation of this Agreement theAssociation may init iate a grievance.

8:10 Association May Institute Grievance

The Association and its representatives shall have theright to originate a grievance on behalf of an employeeor group of employees, and to seek adjustment withthe Employer in the manner provided in the GrievanceProcedure. Such a grievance shall commenc e at Step1.

8:11 Replies in Writ ing

Replies to grievances, stating reasons, shall be inwrit ing at all steps.

8:12 Facil i t ies for Grievance Meetings

The Employer shall supply the necessary facil i t ies forthe grievance meeting.



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8:13 Mutually Agreed Changes

Any mutually agreed changes to this CollectiveAgreement made in accordance with Clause 31:01shall form part of this Collective Agreement and are

subject to the Grievance and Arbitration Procedures.

8:14 Technical Objections to Grievances

No grievance shall be defeated or denied by a tech-nical objection occasioned by a clerical, typographical,or similar technical error.

8:15 Notwithstanding any provision in this Article, anemployee shall be free to present any personalcomplaint to the Employer or his/her designated

representative.

8:16 In the case of discipline, dismissals and suspensionpending dismissal, the grievance may be submitted, inthe first instance, at Step 2.

ARTICLE 9 ARBITRATION

9:01 Composition of Board of Arbitration

When either party requests that a grievance be sub-mitted to arbitration, the request shall be made byregistered mail addressed to the other party of theAgreement indicating the name of its nominee on anArbitration Board. Within f ive (5) calendar daysthereafter, the other party shall answer by registeredmail indicating the name and address of its appointeeto the Arbitration Board. The two (2) Arbitrators shallthen meet to select an impartial Chairperson.

9:02 * Failure to Appoint

If the party receiving the notice fails to appoint anominee to the Board, or if the two (2) nominees fail toagree upon a Chairperson within f ifteen (15) days oftheir appointment, the appointment shall be made bythe Minister of Human Resources, Labour andEmployment upon the request of either party.



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9:03 Board Procedure

The Board shall determine its own procedure, but shallgive full opportunity to all parties to present evidenceand make representations. In its attempts at justice,

the Board shall, as much as possible, fol low alayman's procedure and shall avoid legalistic or formalprocedures. It shall hear and determine the diffe renceor allegation and render a decision within ten (10)days from the time the Chairperson is appointed.

9:04 Decision of the Board

The decision of the majority shall be the decision ofthe Board. Where there is no majority decision, thedecision of the Chairperson shall be the decision of

the Board. The decision of the Board of Arbitrationshall be final, binding and enforceable on all partiesand may not be changed. The Board of Arbitrationshall not have the power to change this Agreement orto alter, modify or amend any of its provisions.However, the Board shall have the power to dispose ofa grievance by any arrangement which it deems justand equitable.

9:05 Disagreement on Decision

Should the parties disagree as to the meaning of theBoard’s decision, either party may, within sixty (60)calendar days of the Board’s decision, apply to theChairperson to reconvene the Board in order to clarifythe decision which the Chairperson of the Board shalldo within ten (10) calendar days of the request ofeither party.

9:06 Expenses of the Board

Each party shall pay:

(i) the fees and expenses of the nominee it appoints;

(i i) one-half (1/2) of the fees and expenses of theChairperson.

9:07 Amending of Time Limits



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The time l imits f ixed in both grievance and arbitrationprocedure may be extended by mutual agreementbetween the parties.

9:08 Witnesses

At any stage of the Grievance or Arbitration Procedurethe parties shall have the assistance of any employeeconcerned as witness and any other witnesses.Employees appearing as witnesses shall beconsidered on paid leave with no loss of wages orbenefits by the parties making the request for thewitness.

9:09 Confl ict of Interest

No person

(a) who has any pecuniary interest in the mattersreferred to the Arbitration Board, or;

(b) who is acting or has within a period of six (6)months preceding the date of his/her appointmentacted in the capacity of solicitor, legal advisor,counsel or paid agent of either of the parties;

shall be appointed to act as Arbitrator.

9:10 The Union and the Employer may mutually agree to theuse of a sole Arbitrator for any given a rbitration.

ARTICLE 10 LABOUR MANAGEMENT COMMITTEE

10:01 Establishment of Committee

A Labour Management Committee shall be establishedconsisting of two (2) representatives of the Associationand two (2) representatives of the Employer. Thenumbers may be reduced by mutual agreementbetween the parties. The Employer shall be dulynotif ied in writ ing as to the names of the Associationrepresentatives selected.



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10:02 Function of Committee

The Committee shall concern itself with the followinggeneral matters:

(a) promoting safety and sanitary practices;

(b) reviewing suggestions from employees, questionsof working conditions and service (but notgrievances concerned with service);

(c) other problems and matters of mutual interestwhich affect the relationship which are notproperly the subject matter of a grievance ornegotiations.

10:03 Meetings of Committee

The Committee shall meet four (4) t imes each year ata mutually agreeable time and place. Any suchmeeting may be cancelled or rescheduled by mutualagreement. Employees shall not suffer any loss ofpay for t ime spent with this Committee.

10:04 Chairperson of the Mee ting

The meetings of the Committee shall be alternatelychaired by the Employer's representative and theemployee's representative. Likewise, the Vice-Chairperson shall alternate from meeting to meeting.

10:05 Minutes of Meeting

Minutes of each meeting of the Committee shall beprepared and signed by the Chairperson and Vice-Chairperson as promptly as possible after the close ofthe meeting. The Chairperson and Vice- Chairpersonshall each receive four (4) copies of the minutes withinthree (3) days following the meeting.

10:06 Jurisdiction of Committee

The Committee shall not supersede the activit ies ofany other Committee of the Association or of theEmployer and does not have the power to bind either



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the Association or its members or the Employer to anydecisions or conclusions reached in its discussions.The Committee shall have the power to makerecommendations to the Association and the Employerwith respect to its discussions and conclusions.

ARTICLE 11 STATE OF EMERGENCY DUE TO WEATHERCONDITIONS

11:01 Adverse Weather Conditions

The following provisions shall apply to employeesduring adverse weather conditions necessitating astate of emergency declared by either the Employer orthe appropriate provincial or municipal authority:

(1) All employees are required to report to duty asscheduled.

(2) When an employee, through no fault of his/herown, is unable to report to work because of adeclared state of emergency or where theEmployer closes the office or job site, then suchemployees shall suffer no loss of pay or benefitsnor shall be required to make up, in any way, fortime lost due to not reporting for work.

(3) Notwithstanding 11:01 (1) above, the Employerreserves the right to close down or reducestaffing levels in any department(s) in whichevent employees so affected wil l not be requiredto report for duty and shall be paid in accordancewith the terms of 11:01 (2) above.

(4) An employee who worked during the emergencywil l be paid at his/her regular rate of pay up toeight (8) hours and overtime thereafter.

(5) For the purpose of this Article, the Employer isdefined as the Town Manager or his/herdesignated representative at the St. LawrenceTown Council.



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11:02 If employees a re sent home by th e Employer the y shall not berequired to compensate the Employer for such timelost.

ARTICLE 12 PROBATION, DISCHARGE, SUSPENSION ANDDISCIPLINE

12:01 (a) Probationary Period

The probationary period shall be ten (10)calendar weeks for all employees. It is agreedthat the probationary period for part-t ime andtemporary employees shall be equal in workinghours to that of ful l t ime employees.

(b) Discharge Procedure

The Employer has and has had the right todiscipline and discharge employees for justcause. However, any employee who is past theprobationary period, and who has beendisciplined, suspended or discharged, shall havethe right to be heard in accordance with theGrievance Procedure under this Agreement.

(c) Any employee who is disciplined, suspended ordismissed shall, within f ive (5) days of suchdiscipline, suspension or dismissal, be providedwith written notif ication which shall state thereasons for the discipline, suspension ordismissal.

(d) Termination of Probationary Employees

The termination of probationary employees forreasons of unsuitabil i ty or incompetence asassessed by the Employer is not subject to theGrievance or Arbitration Procedure.

12:02 Unjust Susp ension or Discha rge

Should it be found upon investigation that an employeehas been unjustly suspended or discharged, theemployee shall be immediately reinstated in his/herformer posit ion without loss of seniority and shall be



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compensated for all t ime lost in an amount equal tohis/her normal earnings during the pay period nextpreceding such discharge or suspension, or by anyother arrangement as to compensation which is justand equitable in the opinion of the parties or in the

opinion of a Board of Arbitration, if the matter isreferred to such a Board.

12:03 Warnings

Whenever the Employer deems it necessary to censurean employee in a manner indicating that dismissal mayfollow any further infraction or may follow if suchemployee fails to bring his/her work up to a requiredstandard by a given date, the Employer shall, withinfive (5) days of the incident, give written particulars of

such censure to the employee involved.

12:04 Adverse Report

(a) The Employer shall notify an employee, in writ ing,of any dissatisfaction concerning his/her workwithin f ive (5) working days of the Employerbecoming aware of the event of the complaint.This notif ication shall include particulars of thework performance which led to suchdissatisfaction. If this procedure is not fol lowed,such expression of dissatisfaction shall notbecome part of his/her record for use againsthim/her at anytime. This Clause shall apply inrespect of any expression of dissatisfactionrelating to his/her work or otherwise which maybe detrimental to an employe e’s advancement or standing with the Employer. The employee’swritten reply to such notif ication of dissatisfactionshall become part of his/her record.

(b) When an employee is required to attend ameeting with the Employer dealing with warning,adverse report, suspension or discharge, he/sheshall be accompanied by the Local President orShop Steward.

12:05 Personal Files



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(a) There shall be one (1) off icial personal f i le, whichshall contain all adverse reports and records ofdisciplinary action, and this f i le shall bemaintained in the Council Office. An employeeshall, at a mutually agreed time, be allowed to

inspect his/her personal f i le, and shall beaccompanied by a representative of the Employerand may be accompanied by a representative ofthe Association, if he/she so desires.

(b) A copy of any document placed on an employee’sofficial personal f i le, which might at any time bethe basis of disciplinary action, shall be suppliedconcurrently to the employee who shallacknowledge having received such document bysigning the fi le copy.

Any reprimand or warning given in writ ing andbecomingpartofanemployee’spersonalfi leshallberemovedanddestroyedaftertwelve(12)monthshaveelap



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sed.It istheresponsi

bil i tyoftheemployeetobringanysuchcorr

espondence totheattentionoftheEmployer.

12:06 May Omit Grievance Steps

An employee considered by the Association to bewrongfully or unjustly discharged or suspended orsubject to disciplinary action, shall be entit led to ahearing under Article 8, Grievance Procedure. Step 1of the grievance procedure shall be omitted in cases ofsuspension or discharge.

ARTICLE 13 SENIORITY

13:01 Seniority Defined

Seniority is defined as length of service with theEmployer, subject to Clause 13:04 (e), and shall datefrom the most recent date of hire by the Employer.



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Seniority shall operate on a bargaining unit wide basisand shall be recorded in hours exclusive of overtime.

13:02 Seniority Lists

The Employer shall maintain a seniority l ist showingthe seniority of each employee recorded in hours. Anup-to-date seniority l ist shall be sent to theAssociation and a l ist posted on the bulletin board inJanuary of each year for the benefit of the employees.If the seniority l ist is deemed to be incorrect by theAssociation or an employee, the Employer must beinformed of the error within thirty (30) days of theposting. If no error is identif ied within this thi rty (30)day period, or if an error is identif ied and subsequentl ycorrected, the l ist as posted or as subsequently

corrected, as the case may be, shall be deemed to bepermanently correct. Any new errors or recurringerrors shall be subject to correction as above. Theemployee shall be responsible for proving anycontention of error, however, the Employer agrees tomake available such records or documents as may bereasonably required to clarify the issue.

13:03 Probation for Newly Hired Employ ees

(a) Employees hired after the signing of thisAgreement shall be on probation, as outl ined inClause 12:01.

(b) Subject to Clause 13:03 (c), during theirprobationary period, such employees shall beentit led to all benefits and rights of thisAgreement.

(c) Employees who remain in the employ of theEmployer for their complete period of probationshall have seniority effective from their mostrecent date of hire by the Employer, subject toClause 13:04 (e).

13:04 Loss of Seniority

An employee shall lose his/her seniority only in theevent that:



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(a) he/she is discharged for just cause and is not re-instated by an Arbitrator or under the GrievanceProcedure;

(b) he/she resigns in writ ing;

(c) he/she is absent from work in excess of three (3)working days without the approval of the TownManager or without sufficient cause;

(d) he/she fails to return to work within three (3)working days following a layoff and after beingnotif ied by registered mail to do so, except whensuch failure is caused by sickness verif ied by aDoctor's certif icate. It shall be the responsibil i tyof the employee to keep the Town Manager

informed, in writ ing, of his/her current address.An employee who is recalled for casual work oremployment at a t ime when he/she hasemployment which wil l continue for a greaterduration than the recall period shall not losehis/her recall r ights for refusal or fai lure to returnto work with the Employer for the duration of therecall period. Upon receipt of notice of recall, theemployee shall, within two (2) working days,notify the Town Manager whether or not he/shewil l return to work;

* (e) he/she is laid off for a period longer thaneighteen (18) months;

* (f) he/she is on leave without pay for a period longerthan twelve (12) months.

13:05 Transfers and Seniority Outs ide Bargainin g Unit

(a) No employee shall be transferred to a posit ionoutside the bargaining unit without his/herconsent. If an employee is transferred to aposition outside the bargaining unit, he/she shallretain his/her seniority accumulated up to thedate of leaving the unit, but wil l not accumulateany further seniority while outside the unit.



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An employee permanently transferred outside thebargaining unit shall lose all seniority in thebargaining unit.

(b) Notwithstanding Clause 13:05 (a), employees on

a temporary transfer wil l continue to accumulateseniority while on such an assignment up to aperiod of one (1) year from the init ial date ofassignment.

13:06 Employees on layoff may, subject to Clause 13:04,retain, but not accrue, seniority.

ARTICLE 14 PROMOTIONS AND STAFF CHANGES

14:01 Job Postings

When a vacancy occurs or a new position is createdinside the bargaining unit, the Employer shall post anotice of the posit ion in accessible places in theEmployer’s premises for a period of not less thanseven (7) calendar days. Copies of all postings are tobe supplied concurrently to the Local President.

It is understood and agreed that in the event avacancy is created as a result of i l lness or othertemporary absence of the incumbent approved by theEmployer, there shall be no need to post the vacantposit ion, but the Employer agrees to appoint atemporary replacement on the same considerations asthose outl ined in Clause 14:04.

14:02 Information on Posting

For vacancies or new positions inside the bargainingunit such notices shall contain the following infor-mation - t i t le of posit ion, qualif ications, requiredknowledge and education, skil ls, wage or salary rate orrange and whether shift work could be involved. Suchqualif ications may not be established in an arbitrary ordiscriminatory manner. All job postings shall state"this posit ion is open to male and female applicants".

14:03 Procedure for Fil l ing Vac ancies



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No position wil l be fi l led from outside the bargainingunit unti l the applications of present employees havebeen fully processed.

14:04 Role of Seniority in Promotions and Transfers

Both parties recognize:

(a) the principle of promotion within the service ofthe Employer;

(b) that job opportunity should increase in propor tionto length of service.

Therefore, when a vacancy occurs in an established

position within the bargaining unit, or when a newposition is created within the bargaining unit,employees who apply for the posit ion on promotion ortransfer shall be given preference on a seniority basisfor f i l l ing such vacancy provided that the applicant'squalif ications meet the minimum required standards forthe new position as advertised in the job posting. It isunderstood and agreed that the Employer has theresponsibil i ty and authority to establish and post therequired standards.

14:05 Trial Period

The successful applicant shall assume his/her newduties on a tr ial basis for f i fteen (15) calendar days.The Employer shall confirm the employee’sappointment after the tr ial period of f i fteen (15)calendar days unless the Employer deems theemployee’s service unsatisfactory. In the event thatthe successful applicant proves unsatisfactory in theposition in the tr ial period, or if the employee is unableto perform the duties of the new position, he/she shallbe returned to his/her former posit ion, wage or salaryrate, if not redundant, or if redundant, then to acomparable posit ion, wage or salary rate of his/herformer posit ion and without loss of seniority, i f such acomparable posit ion is available. Likewise, any otheremployee promoted or transferred because of thesuccessful applicant’s promotion shall be returned to



24

his/her former or to a comparable posit ion, wage orsalary rate, without loss of seniority, i f such acomparable posit ion is available.

14:06 Notif ication of Successful Applicant

Within seven (7) working days of the date of theappointment to a vacant posit ion, the name of thesuccessful applicant shall be sent to each applicantwith a copy to the Local President.

14:07 Handicapped Worker Provision

An employee who has become incapacitated by injuryor i l lness wil l be employed in other work which he/sheis able to perform, provided that a suitable posit ion is

available and the applicable rate for the new positionwil l apply. Such an employee shall not displace anemployee with more seniority.

14:08 Disabled Employee's Preference

An employee who has been incapacitated by his/herwork by injury or compensable occupationdisablement, and is unable to perform his/her regularduties, wil l be employed in other work which he/she isable to satisfactori ly perform, provided that a suitableposition is available and the applicable rate for thenew position wil l apply. Such employee shall notdisplace an employee with more seniority.

14:09 Older Worker Provision

An employee who through advancing years ortemporary disablement, is unable to perform his/herregular duties wil l be employed in some work whichhe/she can do, provided that the employee's age doesnot exceed sixty-five (65) years, and provided alsothat a suitable posit ion is available and the applicablerate for the new position wil l apply. Such an employeeshall not displace an employee with more seniority.

ARTICLE 15 LAYOFF AND RECALL



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15:01 Role of Seniority in Layoffs

Both parties recognize that job security shall increasein proportion to the length of service. Therefore, inthe event of a layoff, employees shall be laid off in

reverse order of their seniority provided that thoseemployees being retained are qualif ied to perform thework required. In any event, an employee who isgiven notice of layoff shall have the right to bump a

junior employee, provided that the senior employee isqualif ied to perform the work required.

15:02 Recall Procedure

Employees shall be recalled in order of seniorityprovided that those employees being recalled are

qualif ied to perform the work required.

15:03 No New Employees

No new employee shall be hired unti l those laid offhave been given an opportunity of recall, provided thatthose recalled are qualif ied to perform the workrequired.

15:04 Advance Notice of Layoff

Except where legislation is more favourable to anemployee, the Employer shall notify all permanent fullt ime and permanent part t ime employees who are to belaid off no less than twenty (20) working days prior tothe effective date of layoff. If through no fault ofhis/her own the employee has not had an opportunityto work the days of notice as provided in this Clause,he/she shall be paid wages or salary, exclusive ofovertime, that he/she would have earned during thenotice period.

ARTICLE 16 HOURS OF WORK

16:01 The work week s hall b e f ive (5) days per week, Mondaythrough Friday, eight (8) hours per day or forty (40)hours per week, with the exception of the Recreation



26

Director whose hours of work shall remain the same asin past practice.

16:02 Employees sha ll be permitted two (2) f i fteen (15) minute restperiods per shift.

16:03 Employees shall be granted two (2) consecutive daysof rest per week. These days shall be Saturday andSunday unless otherwise mutually agreed between theemployee and the Employer. This Clause shall notpertain to the Recreation Director whose days of restshall be as in past practice.

16:04 All employees except for the Recreation Director shallwork a summer schedule as follows:

Monday through Friday: 7:30 a.m. to 4:00 p.m.

Lunch period shall be one-half (1/2) hour.

Schedule shall run from June 1 to September 1 eachyear.

16:05 The minimum number of hours an employee is requiredto work shall be three (3) hours.

ARTICLE 17 OVERTIME

17:01 Definit ion of Overtime

(a) Full Time Employee

All t ime worked in excess of eight (8) hours perday or forty (40) hours per week is consideredovertime.

(b) Part-Time Employee

All t ime worked by a part-t ime employee inexcess of eight (8) hours per day or forty (40)hours per week wil l be time and one half (1 1/2)rate of pay.

(c) Approval of Overtime



27

All overtime is subject to the prior approval of theTown Manager or his/her representativedesignated for the place of work where theovertime is to be worked.

17:02 Normal Overtime Rate

The normal overtime rate shall be pay at the rate oftime and one-half (1 1/2).

17:03 Meal Periods

An employee who is recalled to work or works duringhis/her meal period shall be paid time and one-half (11/2) for all t ime worked during the meal period .

17:04 * Sharing of Overtime

Except in emergency, overtime, callback and standbyshall be divided equally among employees qualif ied toperform the available work provided that any employeemay refuse overtime. In an emergency, the firstavailable qualif ied employee shall be required to work.

17:05 Callback

An employee who is called back to work outsidehis/her normal working hours shall be paid a minimumof four (4) hours at the applicable ove rtime rate.

17:06 Compensation f or Work on Paid Holidays

If an employee is required to work on a paid holiday,he/she shall get paid his/her regular pay plus time andone half (1 1/2) for each hour worked.

17:07 No Layoff to Compensate for Overtime

An employee shall not be laid off during regular hoursto equalize any overtime worked.

17:08 Calculating of Ove rtime Rates

An employee who is absent on approved time offduring his/her scheduled work week because of



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sickness, bereavement, holidays, vacation or otherapproved leave of absence shall for the purpose ofcomputing overtime pay be considered as if he/shehad worked during his/her regular hours during suchabsence.

17:09 Overtime on an Employee's Day Off

An employee who works on his/her day off shall bepaid time and one half (1 1/2) for all ho urs worked.

17:10 Standby

(a) An employee who performs standby duty shall bepaid one dollar and seventy-five cents ($1.75) per

hour (effective date of signing) for each hourduring which he/she is available for recall towork.

(b) Standby, as above, on a statutory holiday, shallbe paid at the rate of two dollars ($2.00) per hour(effective date of signing).

(c) No compensation shall be granted for the totalperiod of standby duty if the employee does notreport for work when required.

(d) Standby duty shall be equally divided amongqualif ied employees.

17:11 Live Sewers

Employees required to work in l ive sewers shallreceive a sewer premium of three dollars ($3.00) perhour (effective date of signing).

17:12 Shift Differential

A wage differential of f i fteen cents (15¢) per hour shallbe paid for each hour the employee works between thehours of 1800 hours of one day and 0800 hours of thefollowing day for the purpose of maintaining snowclearing operations provided that such employee(s) is



29

not being paid at an overtime rate for that period oftime.

ARTICLE 18 HOLIDAYS

18:01 Paid Holidays

Employees shall receive one (1) day paid leave foreach of the fourteen (14) holidays as follows:

(a) New Year's Day(b) St. Patrick's Day(c) Good Friday(d) St. George's Day(e) Commonwealth Day

(f) Discovery Day(g) Memorial Day(h) Orangeman's Day(i) St. Lawrence Day(j) Labour Day(k) Thanksgiving Day(l) Armistice Day(m) Christmas Day(n) Boxing Day

And any other day designated as a holiday by theProvincial Government.

18:02 Compensation for Holidays Fall ing on Scheduled DaysOff

When any of the aforementioned paid holidays falls onthe employee's scheduled day off the employee shallreceive another day off with pay to be taken on thenext immediate working day.

18:03 Paid Ho liday During L eave

If an employee is sick on the day that the paid holidayis designated, the employee shall be charged for thepaid holiday and there shall be no deduction from theemployee's sick leave.



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ARTICLE 19 ANNUAL LEAVE

19:01 Length of Vacation

The maximum annual leave which an employee shall

be eligible for in any year sha ll be as follows:

Years of Service Number of Weeks

Up to three (3) years Two (2) weeksFrom three (3) to nine (9) years Three (3) weeks

* From ten (10) to twenty (20) years Four (4) weeks* After twenty (20) years Five (5) weeks

The following provisions respecting annual leave shallapply:

(1) No annual leave may be taken by an employeeunti l he/she has not less than one (1) year ofservice prior to taking leave.

(2) When an employee has had not less than one (1)year of service, he/she may anticipate annualleave to the end of the period of his/herauthorized employment or to the end of the yearconcerned, whicheve r is the shorter period.

(3) When an employee becomes eligible for a greateramount of annual leave, he/she may be allowed inthe year in which the change occurs, a portion ofthe additional leave for which he/she has becomeeligible based on the ratio of the unexpiredportion of the year to twelve (12) months,computed to full working days.

(4) Part-t ime and temporary employees wil l receive four(4%) percent vacation pay, paid weekly withregular pay cheques.

(5) Full t ime employees with up to three (3) years'service shall be paid for two (2) weeks' vacationat their regular rates or at four percent (4%) ofgross earnings, whichever is the greater.

19:02 For the purpose o f this Article, an employee who is paid fullsalary or wages in respect of not less than one-half



31

(1/2) of the days in the first or last calendar month ofhis/her service shall in each case be deemed to havehad a month of service.

19:03 (a) Annual leave shall be allowed on a year round

basis.

(b) Notwithstanding the provisions of Clause 19:03(a), annual leave shall not be taken except withthe prior approval of the Town Manager.However, subject to the operational requirementsof the Town, the Town Manager shall make everyreasonable effort to grant the employee his/herannual leave at a t ime requested by theemployee.

19:04 The Employer undertakes to assure that no employeewil l be recalled after proceeding on annual leaveexcept in case of extreme emergency. If an employeeis recalled from annual leave, he/she shall be entit ledto annual leave in l ieu of all hours worked on the recalland shall be paid at the straight t ime rate for all t imeworked.

19:05 An employee may carry forward to another yea r one (1) weekof annual leave not taken by him/her in previous yearsto be agreed by mutual agreement.

19:06 (a) An employee who becomes i l l while on annual leavemay change the status of his/her leave to sickleave effective the date of notif ication to theEmployer, such i l lness to be verif ied by doctor'scertif icate.

(b) In the case of an employee who is admitted tohospital while on annual leave, he/she maychange the status of his/her leave to sick leavewith effect from the date he/she was admitted tohospital, subject to verif ication by doctor'scertif icate.

The Employer shall be notif ied of any change of leavestatus.



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19:07 For the purpose of this A rticle, employees who are re-employed by the Employer after layoff or terminationmay have all service prior to layoff or terminationcredited to them for annual leave purposes.

ARTICLE 20 SICK LEAVE

20:01 Sick Leave Defined

Sick leave means a period of t ime that an employeehas been permitted to be absent from work by virtue ofbeing sick, disabled, quarantined, or because of anaccident for which compensation is not payable underthe Workers' Compensation Act.

20:02 Paid Sick Leave

An employee shall earn sick leave at the rate of one(1) day per month which may be accumulated on ayear to year basis to a maximum of one hundred (100)days.

20:03 Deduction from S ick Leave

(a) If an employee is sick for one (1) day, he/she wil lreceive full pay and the day shall be deductedfrom sick leave.

(b) If an employee is sick for more than one (1) dayhe/she must be certif ied sick by a doctor. Fullpay shall be paid to the extent of the insuranceplans (W.I.) qualifying period or to the extent ofthe remainder of his/her accumulated sick leavecredits or the extent of his/her certif ied i l lness,whichever is the lesser.

(c) Following the expiration of the qualifying period,the employee shall, i f he/she is sti l l certif ied sick,transfer to the employee's group insurance plan.Should the employee so desire, he/she may applyto the Employer for further payments from his/heraccumulated sick leave credits to increase his/hertotal gross income from insurance and



33

accumulated sick leave to a total of one hundredpercent (100%) of regular gross pay.

20:04 Injury on Duty

An employee who is injured during working hours andis either required to leave for treatment or sent homefor such injury, shall receive payment for theremainder of the shift or work day at his/her regularrate of pay without deduction from sick leave.

20:05 Sick L eave Records

In January of each year the Employer, upon request ofthe employee, shall advise each employee of theamount of sick leave accrued to his/her credit and the

number of days of sick leave taken by him/her up toand including the previous 31st day of December.

20:06 Sick Leave During Leave of A bsence and Layoff

When an employee is given paid vacation or specialpaid leave of absence, he/she shall receive on his/herreturn to work sick leave credit for the period of suchabsence. When an employee is laid off on account oflack of work for a period of less than eighteen (18)months and returns to work upon expiration of suchlayoff, he/she shall not receive sick leave credits forthe period of such absence, but shall retain his/heraccumulative credit, i f any existing at the time of suchlayoff.

20:07 An employee on special leave without pay in e xcess of twenty(20) days in total in the calendar year shall notaccumulate sick leave during such period of specialleave without pay.

20:08 For the purpose of this Artic le, an emplo yee who rec eived fullsalary or wages in respect of f i fty percent (50%) ormore of the working days in the first or last calendarmonth of his/her service computed in full or one-halfdays shall be deemed to have a month of service.

ARTICLE 21 LEAVE OF ABSENCE



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21:01 Negotiation Pay Provision

Representatives of the Association not to exceed three(3) employees shall not suffer any loss of pay or

benefits when required to leave their employment inorder to carry on or to take part in negotiationmeetings between the Association and the Employer.

21:02 Grievance and Arbitration Pa y Provision

Representatives of the Union shall not suffer any lossof pay or benefits when required to leave theiremployment in connection with the Grievance orArbitration Procedure within the Town of St. Lawrence.

21:03 Leave of Absence for Association Business

(a) Upon written request by the Association to theTown Manager, leave of absence without pay andwithout loss of benefits shall be granted by theTown Manager to employees elected or appointedto represent the Association at Association’sfunctions, including the functions l isted inparagraph (b) hereof, up to a l imit of a total of ten(10) working days per year accumulated for theentire bargaining unit. On reasonable notice tothe Town Manager, an additional ten (10) daysshall be granted without pay and without loss ofseniority, i f the above number of days provesinsufficient for such Association functions. Leaveof absence without pay shall be granted to theExecutive and/or Shop Steward to attendExecutive and Committee meetings of theAssociation, its aff i l iated or chartered bodies.

(b) Association functions shall include the BiennialConvention of the Newfoundland and LabradorAssociation of Public and Private Employees, theComponent Convention of the Newfoundland andLabrador Association of Public and PrivateEmployees, the Convention of the Newfoundlandand Labrador Federation of Labour, theConvention of the Canadian Labour Congress, theNational Union of Public and General Employees,



35

and educational seminars sponsored in whole orin part by the Association, meetings of theProvincial Executive and the Provincial Board ofDirectors.

(c) Additional leave without pay for the purpose ofattending to Association business may be granted

by the Town Manager if requested and onreasonable notice.

21:04 Leave of Absenc e for Full Time As sociation Representatives

An employee who is selected or elected for a full t imeposition with the Association or any body with whichthe Association is aff i l iated shall be granted leave ofabsence without loss of seniority or accrued benefitsfor a period of one (1) year. Such leave may berenewed each year upon request during his/her term of

office for an elected posit ion only.

21:05 Paid Bereavement Leave

An employee shall be entit led to bereavement leavewith pay as follows:

* (a) In the case of the death of an employee's mother,father, brother, sister, child, spouse, common-lawspouse, legal guardian, grandmother,grandfather, mother-in-law, father-in-law,

grandchild, or near relative l iving in the samehousehold, three (3) days. In the case of thedeath of an employee's sister-in-law, brother-in-law, daughter-in-law, or son-in-law, one (1) daywith pay.

(b) If the death of a relative referred to in Clause21:05 (a) and to which three (3) days has beenallotted occurs outside the Island portion ofNewfoundland, the employee shall be grantedleave with pay not exceeding five (5) days for thepurpose of attending the funeral. Such days notto be in addition to those allotted in Clause 21:05(a).

(c) In cases where extraordinary circumstancesprevail, the Town Manager may grant two (2)



36

additional days other than those referred to inClause 21:05 (a) and (b) without pay.

21:06 Maternity, Adoption and Parental Leave

Maternity/adoption/parental leave shall be defined as aperiod where an employee can demonstrate he/she

was on leave related to the bi rth or adoption of a child.

(a) An employee who has co mpleted his/he rprobationary period shall be eligible to requestmaternity, adoption, parental leave without paywhich may commence prior to the expected dateof delivery and the employee shall be grantedsuch leave in accordance with this Clause.

(b) An employee is entit led to a maximum of f i fty-two(52) weeks leave under this Clause.

(c) An employee may return to duty after two (2)weeks’ notice of his/her intention to do so. Anemployee returning from maternity leave shall berequired to produce a satisfactory certif icate fromher physician.

(d) The employee shall resume his/her formerposition and salary upon return from leave withno loss of accrued benefits.

(e) Periods of leave under this Clause shall not count

for earning service for annual leave, sick leave,severance pay or any other benefits exceptseniority.

(f) An employee on leave under this Clause wil l havethe option of continuing to be covered by theGroup Insurance Plan, provided the employeepays both the employee and Employer premiumsin accordance with Clause 25:02 (b).

(g) I l lness Associated with Pregnancy

An employee may be awarded sick leave fori l lness that is the result of or may be associatedwith pregnancy, if sick leave credits are available.



37

(h) While on leave under this Clause, employees mayrequest copies of job postings from the LocalPresident.

21:07 Paid Ju ry or Court W itness

The Employer shall grant leave of absence withoutloss of pay, seniority or accumulated benefits to anemployee who serves as juror or witness in any courtor who must appear for jury selection. The employeewil l present proof of service that he/she attended as a

juror or witness. Any wage remunerat ion the employeereceives from the courts wil l be deducted from his/herregular pay.

21:08 Education Leave

An employee who is upgrading his/her employmentqualif ications through an Employer approvedupgrading course shall be entit led to leave of absencewithout loss of pay and benefits to write examinationsrequired by such course during his/her regular workinghours.

21:09 General Leave

(a) With the approval of the Employer, and subject tothe operational requirements of the Employer’s

operations and the availabil i ty of qualif iedreplacement staff, upon written request, anemployee may be granted leave of absencewithout pay to a maximum of twelve (1 2) months.

* (b) While on general leave, such leave shall notcount for earning service for annual leave, sickleave, severance pay or any other benefits exceptseniority, which shall count for service to amaximum of twelve (12) months.

21:10 Family Responsibil i ty Leave

(a) Subject to Clause 21:10 (b), (c) and (d), anemployee who is required to:

(i) attend to the temporary care of a sick familymember l iving in the same household;



38

(ii) attend to the needs relating to the birth of anemployee’s child;

( i i i) accompany a dependent family member,l iving in the same household, to a dental ormedical appointment;

(iv) attend meetings with school authorit ies;

(v) attend to the needs relating to the adoptionof a child; and

(vi) attend to the needs related to home or familyemergencies;

* shall be awarded three (3) days’ paid family leavein any calendar year.

(b) In order to qualify for family leave, the employeeshall:

( i) provide as much notice to the Employer asreasonably possible;

(i i) provide to the Employer valid reasons whysuch leave is required and why the familymatter could not be attended to af ter hours;

(i i i) where appropriate and in particular withrespect to (i i), ( iv) and (v) of Clause 21:10(a), have endeavoured to schedule suchevents during off duty hours.

(c) Employee shall not be permitted to change anyother leave to family leave, but employees shallbe entit led to change family leave to bereavementleave or sick leave, if the employee qualif ies forsuch leave.

(d) Temporary employees shall not be entit led tofamily responsibil i ty leave.

ARTICLE 22 PAYMENT OF WAGES AND ALLOWANCES

22:01 * Availabil i ty of Salary Cheques



39

It is agreed that the Employer shall continue to paysalaries every week. Overtime pay wil l be included inthe regular pay deposit for the pay period nextsucceeding the pay period during which the overtimewas earned. On each pay day each employee shall beprovided with an itemized statement of his/her wages,

overtime and other payroll deductions.

22:02 Pay on Temporary Transfers

(a) An employee required to f i l l temporari ly a posit ionfor which is paid a higher rate of salary than thatpaid for the employee's regular assigned workshall receive the rate of pay for the posit ionfi l led. This wil l apply only to the extent that theemployee fi l ls this posit ion for a minimum of one(1) hour of his/her normal working day.

(b) An employee required to f i l l a posit ion for whichis paid a lower rate of salary than that paid forsuch employee's regular work shall not receiveany reduction in pay for reason thereof.

22:03 Vacation Pay

An employee with more than one (1) year of service oran employee who has earned at least two (2) weeks'vacation, upon giving at least one (1) week of notice

prior to the pay day preceding the office day on whichhe/she wishes to receive his/her advance payment,shall receive prior to commencement of his/her annualvacation any regular pay cheque(s) which may fall dueduring his/her vacation.

22:04 Transportation

* (a) When, in the course of his/her duty, an employeeis required by the Employer to travel on theEmployer's business, transportation shall beprovided by the Employer or the employee hasthe option to use his/her own vehicle, in whichcase the Employer shall reimburse the employeeat the prevail ing Government rates. An employeeshall not, except with the approval of the TownManager, be entit led to reimbursement for



40

transportation between his/her residence andhis/her workplace.

(b) Payment for the use of private vehicles on theEmployer's business shall be l imited to themileage rate specified herein. The Employerassumes no l iabil i ty for damage or other

expenses arising as a result of the use of privatevehicles.

ARTICLE 23 STRIKES AND LOCKOUTS

23:01 The Union agrees that during the l i fe of this Agree ment thereshall be no strikes. The Employer agrees that thereshall be no lockouts during the term of this Agreement.

ARTICLE 24 TERMINATION OF EMPLOYMENT

24:01 Except in the case of dismissal for just cause, twenty(20) calendar days notice, in writ ing, shall be given topermanent full t ime and permanent part-t imeemployees whose services are to be terminated. Ifsuch notice is not given, the employee shall be paidfor the number of days by which the period of noticewas reduced.

24:02 Termination of Employment

Except in the case of dismissal for just cause, ten (10)calendar days’ notice, in writ ing, shall be giventemporary and probationary employees whose servicesare to be terminated. If such notice is not given, theemployee shall be paid for the number of days bywhich the period of notice was reduced.

24:03 Employees shall give the Employer the same period ofnotice of their intention to terminate their employmentas the Employer would be required to give that class ofemployee as shown in Clauses 24:01 and 24:02.

24:04 Annual leave shall not be used as any part of theperiod of the stipulated notices referred to in thisArticle, unless mutually agreed between the employeeand Employer.



41

24:05 The period of notice may be reduced o r eliminated by mutualagreement.

24:06 Upon termination o f service an employee shall receive pay forall his/her earned current accrued annual leave nottaken by him/her prior to the date of termination ofhis/her services plus pay for all his/her accumulated

annual leave not taken by him/her prior to the date oftermination of his/her services, provided however thatany indebtedness to the Employer may be deductedfrom such payment.

ARTICLE 25 GROUP INSURANCE

25:01 The parties agree to continue a Health and InsurancePlan and to administer it as per the provisions ofClause 25:02.

25:02 (a) The Employer wil l pay 50% of the premium of thegroup insurance plan.

(b) When an employee is on extended leave withoutpay then the employee may pay the full premiumin order to maintain coverage while on suchleave.

(c) A summary of the general provisions and benefitsof the Plan is to be distributed to all employees

and a copy is to be forwarded to the Union.

25:03 Workers’ Compensation

All employees shall be covered by the Workers'Compensation Act.

ARTICLE 26 PENSION PLAN

26:01 The Employer agrees to continue a Pension Plan. It isfurther agreed that such a Plan shall be paid for on afifty-f ifty (50/50) basis by the Employer and theemployees. If there are to be changes to the currentPension Plan, the employees wil l be consulted.

ARTICLE 27 TECHNOLOGICAL CHANGE



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27:01 Advance Notice

Before the introduction of any technological change ornew method of operation which wil l affect the rightsand benefits of an employee as provided for under thisCollective Agreement, the Town Council wil l notify the

Association of the proposed change.

27:02 Consultation

Meetings wil l be arranged between the Town Counciland the Association within twenty-one (21) days of theCouncil 's notif ication to the Association for thepurpose of consulting on the effect to result from thechange or to discuss training needs.

27:03 Training Benefits

In the event that the Town Council should introducenew methods or machines which require new orgreater skil ls than those possessed by employees whoare employed in the operation being changed, andwhere such employees would otherwise be laid off,then training shall be provided for employeesaffected. A reasonable period of t ime determined bythe Council shall be allowed for employees taking suchtraining. Where required, leave for such training shallbe with pay less any other allowances provided for

such training by Council or other programs.

27:04 (a) Where an affected employee elects not to avail oftraining as provided for under Clause 27:03, theEmployer agrees that, where reasonably possible,the effect on the employee of changescontemplated by Clause 27:01 wil l be minimizedby transfer or re-assignment within the employ ofthe Employer.

(b) An employee transferred or re-assigned inaccordance with (a) above, wil l have not sufferedany reduction in his/her regular salary, unlesssuch employee has refused, without givingreasons acceptable to the Council to avail oftraining in accordance with Clause 27:03.

27:05 No New Employees



43

No new employee(s) wil l be hired by the Council toreplace any employee(s) affected by the technologicalchange or new method of operation unti l theemployee(s) already employed, and affected by thechange have been notif ied and allowed an opportunityto retrain in accordance with Clause 27:03.

27:06 Notwithstanding an y of the above, it is agreed that where anemployee elects not to avail of training opportunit iesunder Clause 27:03 or where it is not possible totransfer or re-assign the employee within the employof the Council because of the non existence ofavailable posit ions, the employee wil l be terminatedand notice wil l be served in accordance with Article 24- Termination of Employment.

ARTICLE 28 EFFECT OF LEGISLATION

28:01 Continuation of Acquired Rights

All provisions of this Agreement are subject toapplicable laws now or hereafter in effect. If any lawnow existing or hereafter enacted or proclamation orregulation shall invalidate any portion of thisAgreement, the entire Agreement shall not beinvalidated and the existing rights, privi leges andobligations of the parties shall remain in existence,

and either party, upon notice to the other, may re-openthe pertinent parts of the Agreement so that theportions thus invalidated may be amended as requiredby law.

ARTICLE 29 CONTRACTING OUT

29:01 The E mployer a grees that the re wil l be n o co ntracting o utexcept in the case of an emergency or whenbargaining unit employees are unavailable or unable toperform the work required.

ARTICLE 30 PROTECTIVE CLOTHING

30:01 The Employer shall issue the following clothing once ayear or as required to all outside employees:



44

- Three (3) pairs of gloves- Face Mask- Hard Hat- One (1) pair of winter coveralls per employee- One (1) set of heavy duty rain wear for outside

full t ime permanent employees

And any other apparel or equipment as required by theOccupational Health and Safety Act.

ARTICLE 31 AMENDMENT BY MUTUAL CONSENT

31:01 It is agreed by the p arties to this Agreement that any provisionin this Agreement, other than the duration ofAgreement, may be amended in writ ing by mutualconsent and such amendment(s) shall form part of this

Agreement.

ARTICLE 32 TRAVEL ON EMPLOYER'S BUSINESS

32:01 For each full day on travel status, the maximum rateallowable for meals, inclusive of taxes and gratuit iesshall be as follows:

* (a) Forty-three dollars ($43) per day:

Breakfast - ten dollars ($10)Lunch - thirteen dollars ($13)Dinner - twenty dollars ($20)

32:02 For travel on the Employer's bu siness for less than o ne (1)day, the appropriate meal allowance shall apply.

32:03 * When an employee has been on overnight travelstatus, he/she shall be reimbursed for the cost of one(1) personal long distance call per day not longer thanfive (5) minutes at the person-to-person rate for amaximum of three (3) calls for each such period ontravel status. The charge for these telephone callsmay be included on the hotel bil l or if the employeecalls collect, the subsequent telephone bil l showingthe appropriate charge shall be submitted with thetravel claim.



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32:04 An employee required to travel on the Employer'sbusiness shall be deemed to be working for theEmployer. However, the employee shall not bedeemed to be working during periods of rest, nor shallovertime be incurred by virtue of the fact that anemployee is required to be away from his/herheadquarters area overnight or during his/her days of

rest unless he/she is actually working.

ARTICLE 33 SALARIES

33:01 All employees within the bargaining unit shall receivewages as shown in Schedule "A" and Schedule "B"attached hereto and forming a part of this CollectiveAgreement.

ARTICLE 34 JOB SECURITY

34:01 In the event the Town Council, the taxpayers or anyrepresentatives of the Employer agrees that themunicipality of St. Lawrence is to be placed under the

jurisdict ion of some other municipality, i t is agreed thatprior to any final arrangements being made theEmployer wil l guarantee the employment of themembers of the bargaining unit wil l continue with thenew Town or Council.

ARTICLE 35 DURATION

35:01 * Except as otherwise provided in specific Clauses, thisAgreement shall be effective from the date of signingand remain in full force and effect unti l June 30, 2012or unti l a new Collective Agreement is signed.

35:02 Notice to Negotiate

Either party may give notice to terminate or amend theAgreement not more than one hundred and twenty(120) calendar days and not less than thirty (30)calendar days prior to the date of expiration.

35:03 Notice of Changes



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Either party desiring to propose changes to thisAgreement shall within thirty (30) calendar daysfollowing receipt of notice under Clause 35:02 givenotice in writ ing to the other party of the changesproposed. Within thirty (30) calendar days of receiptof such proposed changes by one party, the otherparty is required to enter into negotiations for a new

Agreement.

ARTICLE 36 SEVERANCE PAY

36:01 An employee who has nine (9) or more years ofcontinuous service in the employ of the Employer,whose posit ion is declared redundant, retires or whoserecall r ights have expired, is entit led to be paidseverance pay equal to the amount obtained bymultiplying the number of completed years of

continuous employment by his/her weekly salary, to amaximum of twelve (12) weeks’ pay.



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SCHEDULE "A"

Effective July 1, 2009 increase all rates by four percent (4%)Effective July 1, 2010 increase all rates by four percent (4%)Effective July 1, 2011 increase all rates by four percent (4%)

* Employees shall be paid the rate in Column A for two (2) years

(4160 hours).

Employees hired before the signing of this Agreement shall be paidhourly rates in Column B below.

CLASSIFICATION AND HOURLY RATES

POSITION July 1/09 July 1/10 July 1/11

Col. A Col. B Col. A Col. B

Maintenance Man 15.10 15.96 15.70 16.60 17.26

Heavy EquipmentOperator

16.55 17.47 17.21 18.16 18.90

Truck Dr iver 14.75 15.58 15.34 16.20 16.85

Labourer 14.56 15.38 15.14 16.00 16.64

Assistant TownClerk

15.02 15.88 15.62 16.52 17.18

Animal ControlOff icer

14.56 15.38 15.14 16.00 16.64

Recreat ionDirector

16.88 17.84 17.56 18.55 19.30

Welder 15.76 16.69 16.39 17.36 18.05

Assistant to theTown Clerk/ Manager

15.02 15.88 15.62 16.52 17.18

Lead Hand/ Maintenance/ Mechanic/ Operator

18.58 19.32 20.10

The rate for Welder is to be paid for those hours that any employee who is a quali f ied Welder actual ly spends at welding.



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LETTER OF UNDERSTANDING

March 7, 2001Renew July 2, 2009

Austin DeirEmployee Relations OfficerNewfoundland and Labrador Associationof Public and Private Employees

P.O. Box 8100St. John’s NF AIB 3M9

Dear Mr. Deir:

RE: Article 8, Clause 8:07, Steps 1 and 2

This is to confirm our understanding and agreement duringnegotiations that the wording as agreed upon is subject to theunderstanding that the Employer may, should it add a level ofsupervision below that of Town Manager, insert a step in theGrievance Procedure below that of the current Step 1 and that Stepshall then become Step 1. The current Step 1 shall become Step 2with the current Step 2 becoming Step 3.

Yours truly,

Gregory Quirke



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Dear Mr. Deir:

RE: Article 16, Clause 16:01

This letter is to confirm as per our discussions of today's date, that theparties understand and agree that the intent of the above-notedsection of the Collective Agreement is not to guarantee the hours ofwork, but rather to define the regular h ours of work.

As per our discussions, the Employer confirms that there is no intentto l imit the hours of work beyond that which has been done historicallyand undertakes to confirm the maintenance of the status quo on thismatter.

Yours truly,

Gregory Quirke



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MEMORANDUM OF UNDERSTANDING




Dear Mr. Deir:

RE: Article 21, Clause 21:05 - Bereavemen t Leave

Notwithstanding the wording of the above-noted Clause, the Employeragrees that for the l i fe of this Agreement the terms "children" and"parents" shall not be deemed to exclude step-children or step-parentsin the administration of this Clause where such an interpretation isrequired by the circumstances. It is also understood that thisunderstanding shall not be administered or interpreted in such amanner as to cause a duplication or pyramiding of the benefits.

Yours truly,

Gregory Quirke





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There wil l be a Committee struck comprised of equal representation ofthe Employer and employees within ninety (90) days of the signing ofthis Agreement to draw up job descriptions for all classif ications of

employees for which the Union is bargaining agent.

SIGNED ON BEHALF OF THE SIGNED ON BEHALF OF THENEWFOUNDLAND AND TOWN OF ST. LAWRENCELABRADOR ASSOCIATION OFPUBLIC EMPLOYEES



IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED

THIS AGREEMENT THIS DAY OF JULY, IN THE YEAR 2009 A.D.

Signed on behalf of the St. Lawrence Town Council

WITNESS

Signed on behalf of the Newfoundland and Labrador Association ofPublic and Private Employees:

WITNESS

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StLawrence TownCouncil 2009-12

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