IAFF and the City of Fort St. John (expires December 31, 2008) page 1
DEFINITIONS
ARTICLE I - PREAMBLE
1.1 Purpose of Agreement
1.2 Future Legislation
1.3 Conflict with Regulations
1.4 Changes in Agreement
1.5 Discrimination and Harassment Under the Human Rights Act
1.6 Personal Harassment
1.7 General Clause
1.8 Legislative Changes
ARTICLE II - COVERAGE
2.1 Members Covered
2.2 Management's Rights
Article III -– Terms of Agreement
3.1 Length of Contract
3.2 Copies of the Agreement
ARTICLE IV - UNION RECOGNITION AND RIGHTS
4.1 Bargaining Agent
4.2 Membership in Union
4.3 Check-Off Dues
4.4 Correspondence Between Parties
4.5 No Discrimination
4.6 Absence from Duty of Union Officials
ARTICLE V - REMUNERATION
5.1 Rates of Pay
5.2 Acting Pay
5.3 Acting Pay Prior to Vacation
5.4 Occupational First Aid
5.5 Call-out and Overtime
5.6 Meal Allowance
5.7 Remuneration for Mandatory On-Call
ARTICLE VI - WORKING CONDITIONS
6.1 Hours of Work
6.2 Lay-offs
6.3 Disability
6.4 Handicapped, Injured, or Older Worker
6.5 Re-employment
6.6 Promotion
6.7 Dismissal, Suspension, and Discipline
6.8 Probation
6.9 Work Coverage
6.10 Riot Control and Bomb Search
6.11 Seniority Rights
6.12 Seniority List
6.13 Posting Fire Vacancies
ARTICLE VII - VACATION AND STATUTORY HOLIDAYS
7.1 Vacation Year
7.2 Vacation Entitlement
7.3 Leave on Annual Vacation
7.4 Carry Forward of Annual Vacation
7.5 Vacation Leave On Retirement
7.6 Statutory Holiday Coverage
7.7 Statutory Holidays
7.8 Overtime on Statutory Holidays
7.9 Overtime on Christmas Day and New Years Day
ARTICLE VIII - UNIFORMS AND EQUIPMENT
8.1 Clothing Issue
8.2 Uniform Cleaning
8.3Protective Clothing
8.4 Personal Effects
ARTICLE IX - EMPLOYEE BENEFITS
9.1(a) Sick Leave
(b) Proof of Illness
(c) Notification
9.2 Short Term Disability Program
9.3 Bereavement Leave
9.4 Special Leave
9.5 Leave for Medical and Dental Care
9.6 Elections
9.7 General Leave of Absence
9.8 Paternity Leave
9.9 Family Illness
9.10 Basic Medical Insurance
9.11 Extended Health Care Plan
9.12 Chiropractor Fees/Licensed Massage Therapist Fees
9.13 Dental Plan
9.14 Group Life
9.15 Superannuation
9.16 Medical Certificate
9.17 Long Term Disability
9.18 Occupational Injuries - W.C.B.
9.19 Eye Glass Coverage
9.20 Widow's Allowance
9.21 Employee & Family Assistance Program
9.22 Communicable Disease Protection
9.23 Maternity Leave
9.24 Parental Leave
9.25 Request for Maternity or Parental Leave
9.26 Benefits Continuation during Maternity or Parental Leave
ARTICLE X - GRIEVANCE PROCEDURE
10.1 Procedure
10.2 First Step
10.3 Second Step
10.4 Third Step
10.5 Submitted to Board of Arbitration
10.6 Time Limits
10.7 Extending Time Limits
ARTICLE XI - ARBITRATION
11.1 Arbitration
11.2 Arbitrator
11.3 Decision of the Arbitrator
11.4 Costs
11.5 Amending Time Limits
11.6 Witnesses
11.7 Grievance Recommendations
ARTICLE XII - TRAINING AND JOB IMPROVEMENT
12.1 Training Courses
12.2 Training Sessions
12.3 Staff Travel Expenses
ARTICLE XIII - COURT APPEARANCE
13.1 Inquest or Inquiries
13.2 Leave for Court Appearance
13.3 Indemnity
13.4 Legal Counsel
ARTICLE XIV - LABOUR MANAGEMENT RELATIONS COMMITTEE
14.1 Function of Labour Management Relations Committee
14.2 Labour Management Meetings
ARTICLE XV - LIVING RESTRICTIONS
15.1 Boundaries
ARTICLE XVI - TECHNOLOGICAL CHANGE
16.1 Arising Disputes
16.2 Arbitration Board
ARTICLE XVII - STAFFING
17.1 Shift Staffing
17.2 Fire Prevention Officer and Fire Training Officer
17.3 On Duty
ARTICLE XVIII - SEVERANCE PAY
18.1 Advance Notice
18.2 Severance Pay
ARTICLE XIX - AGREEMENT TO CONTINUE IN FORCE
19.1 Agreement to Collective Bargaining
SCHEDULE A
SCHEDULE B
LETTER OF UNDERSTANDING #1
Northern Travel Allowance
LETTER OF UNDERSTANDING #2
Implementation of Short Term Disability
LETTER OF UNDERSTANDING #3
Pension Accrual Rate
LETTER OF UNDERSTANDING #4
Physical Fitness Training Room
LETTER OF UNDERSTANDING #5
Fire Department Dispatch
MEMORANDUM OF UNDERSTANDING # 1
UIC Rebates
MEMORANDUM OF UNDERSTANDING #2
Establishment of a Committee to Consider Service Delivery Options for Fire and ambulance in an expanded NP service area
MEMORANDUM OF UNDERSTANDING # 3
Industrial Contracts - Remuneration for Non-Emergency Responses
DEFINITIONS9
ARTICLE 1 - PREAMBLE9
1.1 Purpose of Agreement9
1.2 Future Legislation9
1.3 Conflict with Regulations9
1.4 Changes in Agreement9
1.5 Discrimination and Harassment Under the Human Rights Act9
1.6 Personal Harassment9
1.7 General Clause9
1.8 Legislative Changes9
ARTICLE II - COVERAGE9
2.1 Members Covered9
2.2 Management's Rights9
Article III – Terms of Agreement9
3.1 Length of Contract9
3.2 Copies of the Agreement9
ARTICLE IV - UNION RECOGNITION AND RIGHTS9
4.1 Bargaining Agent9
4.2 Membership in Union9
4.3 Check-Off Dues9
4.4 Correspondence Between Parties9
4.5 No Discrimination9
4.6 Absence from Duty of Union Officials9
ARTICLE V - REMUNERATION9
5.1 Rates of Pay9
5.2 Acting Pay9
5.3 Acting Pay Prior to Vacation9
5.4 Occupational First Aid9
5.5 Call-out and Overtime9
5.6 Meal Allowance9
ARTICLE VI - WORKING CONDITIONS9
6.1 Hours of Work9
6.2 Lay-offs9
6.3 Disability9
6.4 Handicapped, Injured or Older Worker9
6.5 Re-employment9
6.6 Promotion9
6.7 Dismissal, Suspension and Discipline9
6.8 Probation9
6.9 Work Coverage9
6.10 Riot Control and Bomb Search9
6.11 Seniority Rights9
6.12 Seniority List9
6.13 Posting Fire Vacancies9
6.14 Mandatory Retirement9
ARTICLE VII - VACATION AND STATUTORY HOLIDAYS9
7.1 Vacation Year9
7.2 Vacation Entitlement9
7.3 Leave on Annual Vacation9
7.4 Carry Forward of Annual Vacation9
7.5 Vacation Leave On Retirement9
7.6 Statutory Holiday Coverage9
7.7 Statutory Holidays9
7.8 Overtime on Statutory Holidays9
7.9 Overtime on Christmas Day and New Years Day9
ARTICLE VIII - UNIFORMS AND EQUIPMENT9
8.1 Clothing Issue9
8.2 Uniform Cleaning9
8.3Protective Clothing9
8.4 Personal Effects9
ARTICLE IX - EMPLOYEE BENEFITS9
9.1(a) Sick Leave9
(b)Proof of Illness9
(c)Notification9
9.2 Short Term Disability Program9
9.3 Bereavement Leave9
9.4 Special Leave9
9.5 Leave for Medical and Dental Care9
9.6 Elections9
9.7 General Leave of Absence9
9.8 Paternity Leave9
9.9 Family Illness9
9.10 Basic Medical Insurance9
9.11 Extended Health Care Plan9
9.12 Chiropractor Fees9
9.13 Dental Plan9
9.14 Group Life9
9.15 Superannuation9
9.16 Medical Certificate9
9.17 Long Term Disability9
9.18 Occupational Injuries - W.C.B.9
9.19 Eye Glass Coverage9
9.20 Widow's Allowance9
9.21 Employee & Family Assistance Program9
9.22 Communicable Disease Protection9
9. 23 Maternity Leave9
9. 24 Parental Leave9
9. 25 Request for Maternity or Parental Leave9
9.26 Benefits Continuation during Maternity or Parental Leave9
9.27 Return to Work9
ARTICLE X - GRIEVANCE PROCEDURE9
10.1 Procedure9
10.2 First Step9
10.3 Second Step9
10.4 Third Step9
10.5 Submitted to Board of Arbitration9
10.6 Time Limits9
10.7 Extending Time Limits9
ARTICLE XI - ARBITRATION9
11.1 Arbitration9
11.2 Arbitrator9
11.3 Decision of the Arbitrator9
11.4 Costs9
11.5 Amending Time Limits9
11.6 Witnesses9
11.7 Grievance Recommendations9
ARTICLE XII - TRAINING AND JOB IMPROVEMENT9
12.1 Training Courses9
12.2 First Aid CourseError! Bookmark not defined.
12.3 Training Sessions9
12.4 Staff Travel Expenses9
ARTICLE XIII - COURT APPEARANCE9
13.1 Inquest or Inquiries9
13.2 Leave for Court Appearance9
13.3 Indemnity9
13.4 Legal Counsel9
ARTICLE XIV - LABOUR MANAGEMENT RELATIONS COMMITTEE9
14.1 Function of Labour Management Relations Committee9
14.2 Labour Management Meetings9
ARTICLE XV - LIVING RESTRICTIONS9
15.1 Boundaries9
ARTICLE XVI - TECHNOLOGICAL CHANGE9
16.1 Arising Disputes9
16.2 Arbitration Board9
ARTICLE XVII - STAFFING9
17.1 Shift Staffing9
17.2 Fire Prevention Officer9
17.3 On Duty9
ARTICLE XVIII - SEVERANCE PAY9
18.1 Advance Notice9
18.2 Severance Pay9
ARTICLE XIX - AGREEMENT TO CONTINUE IN FORCE9
19.1 Agreement to Collective Bargaining9
SCHEDULE A9
SCHEDULE B9
SCHEDULE CError! Bookmark not defined.
MEMORANDUM OF UNDERSTANDING9
Re: UIC Rebates9
Re: Northern Travel Allowance9
Re:Implementation of Short Term Disability9
Re:Establishment of a Committee to Consider Service Delivery Options for Fire and Ambulance in an expanded North Peace Service Area. 9
Re:Article 9.18 Occupational Injuries – W.C.BError! Bookmark not defined.
DEFINITIONS
FOR THE PURPOSE OF THIS AGREEMENT
“AGREEMENT” shall mean the Collective Agreement between the City and the Union, for the period effective through to the expiration of the Contract.
“CAPTAIN” means an employee appointed as Captain and includes, when necessary, the person acting in such capacity.
“CHIEF” or “FIRE CHIEF” means the person appointed by the Council to be in charge of the Fort St. John Fire Department and includes the Deputy Chief when acting in the position of “Chief” or “Fire Chief”.
“DAY” means a 24-hour period of time commencing at midnight.
“DAY OFFICER” means an officer working a regular day shift.
“DEPARTMENT” or “FIRE DEPARTMENT” when used in this Agreement, means of the Fire Department of the City of Fort St. John.
“DUTY SHIFT” means, for the purposes of calculating pay entitlement, a twelve hour shift.
“EMPLOYEE” shall mean an employee of the Municipality who is within the unit of employees for whom the Union 2143 has been certified as bargaining authority for.
“EMPLOYER” shall mean the City of Fort St. John.
“FIREFIGHTER – FOURTH CLASS” means an employee with less than twelve (12) months service with the Department.
“FIREFIGHTER – THIRD CLASS” means an employee who has completed twelve (12) months but less than twenty-four (24) months service with the Department.
“FIREFIGHTER – SECOND CLASS” means an employee who has completed twenty-four (24) months but less than thirty-six (36) months service with the Department.
“FIREFIGHTER – FIRST CLASS” means an employee who has completed thirty-six (36) months service with the Department.
“LIEUTENANT” means an employee appointed as Lieutenant and includes, when necessary, the person acting in such capacity.
“OFFICER” means an employee with a rank designation above Firefighter.
“PERMANENT EMPLOYEE” means one who has been in the service of the City of Fort St. John Fire Department continuously for a period of six (6) months and has been confirmed in writing by the City Manager on the recommendation of the Fire Chief.
“PROBATIONARY EMPLOYEE” means one who is a new employee and is filling a permanent position but who is fulfilling his Probationary Period towards permanency.
“PROBATIONARY PERIOD” means that time spent by an employee prior to being confirmed in the position for which he was hired.
“SHIFT” means one of the four individual established duty rosters;
“UNION” shall mean the Fort St. John Firefighters Local 2143 of the International Association of Firefighters.
COLLECTIVE AGREEMENT
BETWEEN:THE CITY OF FORT ST. JOHN
(hereinafter called the "City)
PARTY OF THE FIRST PART
AND:FORTST. JOHNFIRE FIGHTERS LOCAL 2143
(hereinafter called the "Union")
PARTY OF THE SECOND PART
ARTICLE I1 - - PREAMBLE
1.1Purpose of Agreement
(a)The purpose of this Agreement is to establish and maintain orderly collective bargaining procedures between the Employer and the Union.
(b)The parties to this agreement share a desire to improve the quality of the Fort St. John Fire Department. Accordingly, they are determined to establish, within the framework provided by the law, an effective working relationship at all levels of the municipal service in which members of the bargaining unit are employed.
1.2Future Legislation
In the event that any future legislation renders null and void or materially alters any provision of this agreement, the remaining provisions shall remain in effect for the term of the agreement, and the parties hereto shall negotiate a mutually agreeable provision to be substituted for the provision so rendered null and void or materially altered.
1.3Conflict with Regulations
In the event that there is a conflict between the contents of this agreement and any regulation made by the employer, or on behalf of the employer, this agreement shall take precedence over the said regulation.
1.4Changes in Agreement
Any change deemed necessary in this agreement may be made by mutual agreement at any time during the life of this agreement.
1.5Discrimination and Harassment Under the Human Rights Act
(a)Purpose
The City of Fort St. John, in co-operation with the Union, will promote a work environment that is free from harassment and discrimination where all employees are treated with respect and dignity.
Discrimination and harassment relates to any of the prohibited grounds contained in the B.C. Human Rights Act. Prohibited conduct may be verbal, non-verbal, physical, deliberate or unintended, unsolicited or unwelcome, as determined by a reasonable person. It may be one incident of a series of incidents depending on the context.
Employees have the right to employment without discrimination or harassment because of race, colour, ancestry, place of origin, religion, family status, physical disability, mental disability, sex, age, sexual orientation, political beliefs, and criminal or summary offence unrelated to their employment.
Harassment does not include actions occasioned through exercising in good faith the Employer’s managerial/supervisory rights and responsibilities.
Protection against harassment extends to incidents occurring at or away from the workplace during or outside working hours provided the acts are committed within the course of the employment relationship.
This cClause does not preclude an employee from filing a complaint under Section 8 of the BC Human Rights Act, however, an employee shall not be entitled to duplication of process. An employee making a complaint of harassment must choose to direct a complaint to either the BC Council of Human Rights or to the process specified in the Harassment Policy and Procedure. In either event a complaint of harassment shall not form the basis of a grievance.
An employee who files a written complaint which would be seen by a reasonable person to be frivolous, vindictive or vexatious may be subject to disciplinary action. Disciplinary action taken may be grieved pursuant to Article 10.
(b)Sexual Harassment
Sexual Harassment is one form of discrimination and is defined as any unwelcome comment or conduct of a sexual nature that may detrimentally affect the work environment or lead to adverse job- related consequences for the victim of the harassment.
Examples of sexual harassment include but are not limited to:
- a person in authority asking an employee for sexual favours in return for being hired or receiving promotions or other employment benefits;
- sexual advances with actual or implied work related consequences;
- unwelcome remarks, questions, jokes or innuendo of a sexual nature; including sexist comments or sexual invitations;
- verbal abuse, intimidation, or threats of a sexual nature;
- leering, staring or making sexual gestures;
- display of pornographic or other sexual materials;
- offensive pictures, graffiti, cartoons or sayings;
- unwanted physical contact such as touching, patting, pinching, hugging;
- physical assault of a sexual nature.
This definition of sexual harassment is not meant to inhibit interactions or relationships based on mutual consent or normal social contact between employees.
(c)Procedures
- All persons involved in the handling of a complaint under these procedures shall hold in the strictest confidence all information of which they become aware; however, : however, it is recognized that various officials of the constituent group(s) and Employer will be made aware of all or part of the proceedings on a “need to know” basis.
- Before proceeding to the formal complaint mechanism an employee who believes he or she has complaint of harassment of discrimination may approach their supervisory personnel, union steward, or other contact person to discuss potential means of resolving a complaint and to request assistance in resolving the matter. If the matter is resolved to the complaint’s satisfaction the matter is deemed to be resolved.
- If the matter is not resolved to the employee’s satisfaction, then the employee will approach the first excluded level of management not involved in the matter, for assistance in resolving the issue within six (6) months of the alleged assurance. The manager will investigate the allegation and take steps to resolve the concern as appropriate within thirty (30) days of the issue being raised by the employee. The employee may have a union representative present during these discussions. Where the first excluded level of management is the respondent, the employee shall approach the respondent’s supervisor.
- If the proposed resolution is not acceptable, the employee may refer the matter through the Union in writing to the City Manager or his/her designate within thirty (30) days of receiving the manager’s response or when the response was due.
A written complaint shall specify the details of the allegation(s) including:
- name and title of the respondent;
- a description of the action(s), conduct, events or circumstances involved in the complaint;
- the specific remedy sought to satisfy the complaint;
- date(s) of incidents;
- name(s) of witnesses (if any);
- prior attempts to resolve (if any).
- The City Manager orf his/her designate will acknowledge, in writing, receipts of the Union’s notice and will have the matter investigated and will take such steps as may be required to resolve the matter. The Union and the employees involved shall be advised in writing of the proposed resolution within thirty (30) days of providing notice to the City Manager or such later date as may be mutually agreed by the City and the Union.
- Where the matter is not resolved pursuant to (5), the Union may refer the matter to Arbitration.
1.6Personal Harassment
Personal Harassment takes place when a person acts in a manner which serves no legitimate work purpose and which ought reasonably be known to be inappropriate.
Personal harassment does not include action occasioned through the exercise, in good faith, of the Employer’s managerial/supervisory rights and responsibilities.
Where the allegation is based on a matter for which another dispute resolution mechanism exists, then this process shall not be utilized.
Procedures:
- If there is an allegation of personal harassment, the employee will approach their supervisor or the first level of excluded manager, not involved in the matter, for assistance in resolving the issue within thirty (30) days of the alleged occurrence. The supervisor/manager will investigate the allegation and take steps to resolve the concern as appropriate within thirty (30) days of the issue being raised by the employee. The supervisor/manager will discuss the proposed resolution with the employee. The employee may have a steward present during these discussions.
- If the proposed resolution is not acceptable, the employee may refer the matter through the Union in writing to the City Manager or his/her designate within thirty (30) days of receiving the supervisor’s/manager’s response or when the response was due. The written statement will provide the full particulars of the allegation including the name(s) of the individual(s) involved, the date(s), the wrong doing which is alleged to have occurred and an outline of the steps which have been taken to resolve the matter in paragraph 1 above. The City Manager may provide the respondent with a copy of the complaint.
- The City Manager or his/her designate will acknowledge, in writing, receipt of the Union’s notice and will have the matter investigated and will take such steps as may be required to resolve the matter. The union and the employees involved in the allegation shall be advised in writing of the proposed resolution within thirty (30) days of providing notice to the City.
Where the matter is not resolved pursuant to paragraph 3 above, the Union may refer the matter to Arbitration within thirty (30) days of receiving the City Manager’s response or when the response was due.
1.7General Clause
The parties to this agreement mutually agree that matters of precedence and procedure and interpretation of this agreement established in the past between the parties shall continue in full force and effect although not specifically referred to herein except where such precedent, procedure or interpretation has been specifically negotiated.
1.8Legislative Changes
If the premiums paid by the employer for any employee benefit covered by this Agreement is reduced as a result of any legislative action, the amount of the savings shall be used to increase other benefits available to the employee, in the ratio to which the contributions were paid.
ARTICLE II - - COVERAGE
2.1Members Covered
Whereas the City is an Employer within the meaning of the "Labour Relations Code” of the Statutes of British Columbia, 1973;
And whereas the Union is the duly certified bargaining agent for the employees of the Fort St. John Fire Department except for those employees excluded by provisions of the aforesaid Labour Code of British Columbia and without restricting the generality of the foregoing, save and except the following: