2005 to 2007 tpsb and tpa uniform collective agreement

7/30/2019 2005 to 2007 TPSB and TPA Uniform Collective Agreement

1/87

UNIFORM

COLLECTIVE

AGREEMENT

BETWEEN

TORONTO POLICE SERVICES BOARDAND

TORONTO POLICE ASSOCIATION


2/87


3/87


4/87

THIS COLLECTIVE AGREEMENT MADE THIS DAY OF DECEMBER,

BETWEEN

TORONTO POLICE SERVICES BOARDhereinafter called the Board

OF THE FIRST PART,

- and-

TORONTO POLICE ASSOCIATIONhereinafter called the Association

OF THE SECOND PART.

Whereas the parties have mutually agreed to enter into and execute thisCollective Agreement defining, determining and providing forremuneration, benefits, pensions and working conditions of the members of the Toronto Police Service coming within the Uniform Branch as set out inSchedule hereto.

Now, therefore, this Collective Agreement witnesseth that in considerationof the premises the Board and the Association hereby mutually agree and

as follows:


5/87


6/87

ARTICLE MANAGEMENT RIGHTS

(a) The Association and its members recognize and acknowledge that, subjectto the provisions of the Police Services Act and the Regulations thereto, itis the exclusive function of the Board to:

maintain order, discipline and efficiency;

discharge, direct, classify, transfer, promote, demote or suspend, orotherwise discipline any member;

hire.

If a member claims that the Board has exercised any of the functionsoutlined in paragraph (a) in a discriminatory manner or withoutreasonable cause, then such a claim may be the subject of a grievanceunder the provisions of the grievance procedure outlined in this CollectiveAgreement or dealt with under procedures within the exclusive jurisdictionof the Ontario Civilian Commission on Police Services, as prescribed bythe Police Services Act.

The Board agrees that it will not exercise any of the functions set out in

this Article in a manner inconsistent with the provisions of this CollectiveAgreement or the Police Services Act of Ontario and the Regulationsthereto.

Nothing in this Collective Agreement shall be construed as imposing any personalliability upon an individual who, from time to time, is a member of the Board.

ARTICLE SALARIES

Subject to the exceptions set out below, the salary to be paid to each member shallbe in accordance with the rate of pay for each rank as set forth in Schedule "A"annexed hereto and forming part of this Collective Agreement, such salaries beingin accordance with the differentials set out in the said schedule.

(a) A member promoted to the rank of Sergeant shall serve a probationaryperiod of one year from the date of such appointment.


7/87

ARTICLE HOURS OF WORK AND PREMIUM PAY PROVISIONS

A regular tour of duty shall consist of eight consecutive hours of work.Where a member on such regular tour of duty is required bysupervisory officer to terminate tour of duty before the completionof eight hours shall receive no less than eight hours of pay for suchtour.

Each member shall report for duty at least fifteen minutes prior to theof tour of duty, which time shall not be included in

computing the duration of such period.

Each member's normal week shall consist of five tours of duty and twodays off which shall, subject to the requirements of the Service, (whichsaid requirements shall be subject to question in any grievance procedure)be consecutive.

Each member shall be assigned a lunch period to commence after thecompletion of two and one-half hours of duty and be completed before thecompletion of six hours of duty. When the requirements of the Service donot permit the taking of an assigned lunch period the member andsupervisory officer may agree upon some other period during the said tour

or the member shall be credited with one hour at straight time.

Where the requirements of the Service only permit a member to take one -half hour or less for lunch, the member shall be credited with one -half hour at straight time.

A member who is granted permission to be excused from duty inaccordance with the lieu time provisions of the Collective Agreement afterhaving completed four hours of duty shall have lieu time debited for fourhours and shall be credited with one hour at straight time for the lunchhour not taken.

Subject to the requirements of the Service, in the discretion of the Chief of Police:

(a) The normal tours of duty will be as follows:

First Tour a.m.Second Tour a.m.Third Tour midnight,

provided that the Chief of Police shall continue to have the right to changethe starting time of a tour of duty.


8/87

A member assigned to rotating shifts shall regularly rotate from one shiftto another so that an equal amount of time will be spent by a member oneach shift, providing, however, that by mutual agreement between amember and the Officer in Charge of hisher Unit of command, a membermay spend more time on one shift than any other.

When a member is required to be on duty one -quarter hour or more in excess of such member's daily tour of duty, such member shall receive lieu time as providedin clause or pay calculated at the rate of one and one -half times themember's rate of pay for time worked in excess of such daily tour.

(a) For the purpose of this clause "callback " is defined as the callback of amember after has reported off duty and before nextfollowing tour of duty, and shall include the of a member:

(1) at courts during hisher off duty hours including lieu timehours or

on an overtime assignment separated by time off fromregular tour.

Such member shall be granted lieu time, as provided inclause or pay calculated at the rate of one and one -half times the member's rate of pay for all hours of duty insuch callback with a minimum of hours' pay or time off in lieu thereof at the time and one -half rate for each suchcallback.

(2) at courts during regularly scheduled days off or

performing duty on regularly scheduled days off,

Such member shall be granted lieu time, as provided inclause or pay calculated at the rate of one and one -half times the member's rate of pay for all hours of duty insuch callback with a minimum of hours' pay or time off

in lieu thereof at the time and one -half rate for each suchcallback.

An appearance under subpoena at a Workplace Safety Insurance BoardHearing, Criminal Injury Compensation Board Hearing, Public

Inquiries Act Hearing and Coroner's Inquest, or at an administrativetribunal hearing where the testimony is required to give relates tothe performance by the member of duties as a police officer (butsuch administrative tribunal shall not include any arbitration under this


9/87

Collective Agreement or the Police Services Act or any hearing under Partthe shall be deemed to be an appearance at Court.

NOTE: There is no intent in paragraph above to alter thecompensation practices of officers attending disciplinaryhearings or Public Complaint hearings.

With the consent of the Chief of Police and by the mutual consent of themember and Unit Commander, a member may be excused fromduty on the first tour of duty when has been required to make twoor more appearances in Court immediately preceding the first tour of duty.

A member who is required to attend court during vacationshall be granted two days off for each day or part thereof spent inCourt. This Article shall apply only if the members UnitCommander has approved, in advance, the members attendance atcourt.

If such appearance is outside of the City of Toronto this clause willonly apply if the member has notified Unit Commander assoon as possible after being made aware of such required courtattendance.

In addition, when the member must travel to court from a placeother than normal place of residence, on a day other thanthe day of court attendance, shall be granted equivalent timeoff to a maximum of eight hours for each day spent travelling.The member shall be reimbursed for any reasonable travellingexpenses, except where the trip is made to or from the normalplace of residence.

The provision of this clause shall not apply where aschedules vacation or by agreement with UnitCommander amends vacation period after the member isaware that will or may be required to attend court duringsuch period. Such court appearance will be deemed to be anappearance at court during regular days off. However, if inscheduling the initial vacation a member cannot select a one week period during which has no court appearance during themonths of June, July or August, provided the member has enoughseniority to so select, the provisions of this clause will still apply.


10/87

(e) In the event that a scheduled court appearance is cancelled afterhours of the day preceding the scheduled court appearance

the officer shall be entitled to one -half of the callback allowancethat would otherwise be payable.

A member who is not notified of the cancellation of scheduled court appearance and who attends at unitimmediately prior to the court appearance or at court shall beentitled to the appropriate court attendance allowance under thissection

A court appearance by a member on Pregnancy Leave or Parental Leave isto be treated as a court appearance on a regularly scheduled day off and themember can elect cash or lieu time in respect thereof except where thecourt appearance is made during a period in respect of which asupplemental unemployment insurance benefit applies. In such cases,members shall be credited with lieu time for use following their return towork. If a member does not return to work, the lieu time credit shall bepaid out in cash.

A member may elect lieu time instead of payment for overtime, includingcallbacks, in accordance with the following procedure:

(a) Upon completion of such overtime worked by a member, such membershall indicate to Officer in Charge whether the member elects to bepaid for such overtime or to take time off in lieu thereof. The Officer inCharge shall enter the member's election in the records provided therefor.

Periods of overtime for which a member elects to be paid shall beaccumulated for one calendar month and the total so accumulated shall bepaid for during the next following calendar month.

Periods of overtime which the member has elected to take as lieu time off shall be allowed to accumulate, and for every one hour of lieu time soaccumulated, the member shall be entitled to take one and one -half hours

off, provided that such time must be taken at a time agreed upon betweenthe member and the Unit Commander. Lieu time may be taken as part of aday or a whole day.

(a) All lieu time shall be recorded in the member's lieu time register. TheParties agree that lieu time should be used as soon as practicable after thetime is accumulated. Lieu time to the credit of any member which exceedseighty hours of accumulation on the last day of the month of February,May, August and November shall be paid on the pay day nearest the end of


11/87

the following month. For the purpose of this clause, lieu time includes alltime accumulated under clause for lunch hours worked, clausefor overtime and callbacks, and clause for Statutory Holidays worked.

Members may elect to reduce their lieu time balance to hours or to zerohours on the last day of November of each year.

All witness fees, exclusive of transportation allowance, received by any memberattending, either on or off duty, any court shall be forfei ted to the Treasurer of theCity of Toronto where such member is entitled to payment from the Board forsuch court appearance.

A member who is assigned to perform all the regular duties of a higher rank for atemporary period of not less than one full tour of duty in each assignment, shallreceive salary at the lowest rate of such higher rank for the entire period isso assigned. A member who is authorized to work through the lunch hour and toleave an hour before the normal end of duty is nevertheless entitled to the higherrate.

(a) Pay stubs shall be made available to all members in all units not later thana.m. on pay day.

Compensation shall be paid by means of electronic bank deposits to afinancial institution or institutions of the members choice provided the

is a member of the Canadian Payment Association.

5 : A member shall receive:

(a) An additional allowance of fifteen cents per hour for all hours workedduring a shift which commences after a.m. and at or before

An additional allowance of thirty cents per hour for all hours workedduring a shift which commences after on one day and at orbefore a.m. on the following day.

The payment of any shift premium shall be in addition to any overtimepayment entitlement, but it shall not be included for the purpose of calculating overtime pay.


12/87

For the purpose of calculating overtime and callback payments or lieutime, such calculations shall be taken to the nearest half hour,

Time Worked Time Credited(At appropriate rate)

Nilminutes

hour hour etc.

No deduction will be made from pay and no overtime payment will be made forthe short tour worked or the additional hour worked as a result of the changeoverto Daylight Saving from Standard Time, and vice

Where a member who is not absent from work for sickness or otherwise is orderedto attend Medical Advisory outside scheduled duty hours, the member,

(a)

5 :

if attendance immediately precedes or immediately followsscheduled duty hours, shall be paid at time and one -half for the time of

attendance (including any necessary travel time outsidescheduled duty hours to and from regular place of work); or

Otherwise, shall be paid three hours at time and one -half straighttime hourly rate or time off in lieu thereof.

For the purpose of this clause a member scheduled to work the day of attendanceat the Medical Advisory is not absent from work for sickness or otherwise duringsuch day.

ARTICLE CLOTHING EXPENSE REIMBURSEMENT

(a) On the submission of appropriate receipts for clothing required for theperformance of duty, each member who is required to performpolice duties in plainclothes shall be reimbursed for such expenditure notto exceed per annum ($1,125 per annum, effective January2007) if performs such duties for a full calendar year and shall beissued vouchers for the cleaning of plainclothes. If performs suchduties for less than a calendar year but for thirty (30) days (or hours if that occurs first) or more in that year, shall receive a proportionatepart of the aforesaid reimbursement in the same ratio that time sospent bears to the calendar year.

A member who purchases plainclothes for an amount greater than thatwhich can claim in a calendar year may carry over the balance and


13/87

claim it in either of the next two succeeding calendar years provided thetotal amount in the succeeding calendar year does not exceed the annualmaximum allowed for that year.

The clothing expense reimbursement to be paid to a member as provided in clauseabove shall be paid in two installments. The first such installment, covering

the period January to June, shall be paid by July of that year. The second

installment, the period July to December, shall be paid by Februaryof the following year.

Each member who is not in receipt of a clothing expense reimbursement shall beissued two pairs of either boots or shoes which shall be replaced by the Boardwhen necessary. The issuance of either boots or shoes shall be in accordance withthe determination of the member's superior officer as to what is adequate orrequired by the particular duty of the member.

Each member who is not in receipt of a clothing expense reimbursement shall beissued vouchers for the cleaning of uniform in accordance with clauseand at such times as are warranted by extraordinary wear and tear, occasioned inthe line of duty.

Thirty cleaning vouchers will be issued quarterly for the purpose provided in

clauses and above. These vouchers may be redeemed as follows:

Article of Clothing Vouchers

Tunics or JacketsTrousersRiding BreechesShirts (2 for voucher)Blouses (2 for voucher)Ties (2 for voucher)Long Riding CoatTop CoatsDressSkirtSweaterSuit (2 piece)Suit (3 piece)Uniform Reefers

ARTICLE VACATIONS

(a) A member shall be eligible for vacation on the following basis:


14/87

following the completion of one year of service weeksvacation;

following the completion of three years of service weeksvacation;

following the completion of nine years of service weeksvacation;

following the completion of sixteen years of service weeksvacation;

following the completion of twenty -two years of service weeksvacation;

(vi) following the completion of twenty -eight years of serviceweeks vacation.

A member who is qualified for two weeks vacation entitlement underclause (a) shall thereafter as of January of each year be entitledto receive vacation for which will be eligible during the yearprovided that in any year such member ceases employment with theService prior to anniversary date (other than by retirement onpension) vacation pay will be readjusted on the basis of the amountof time employed in the twelve months prior to such anniversary date inaccordance with clause

For the purpose of determining entitlement in clause absence without pay inexcess of forty work days in a calendar year shall reduce the vacation entitlement.The entitlement will be the result of a fraction of the days paid over the normalwork days in a calendar year times the vacation entitlement provided in clause

rounded to the nearest day.

The vacation pay provisions of this article shall be no less than the vacation payprovisions of the Standards Act of Ontario. For the purpose of thisclause the vacation payment provisions of the Standards Act shall becalculated on a calendar year basis.

(a) Where a member leaves the Service after anniversary date in thatcalendar year and prior to receiving vacation entitlement, suchmember shall be given vacation pay on account of such service inaccordance with clause


15/87

Where a member leaves the Service prior to anniversary date, suchmember shall be entitled to receive vacation pay for the period of servicebetween previous anniversary date and the date employment ceaseson the following basis:

If less than one year's service on date of leaving, one day's pay foreach completed thirty -six calendar day period of service.

If entitled to two weeks' vacation on the previous anniversary date,one day's pay for each completed thirty -six calendar day period of service.

If entitled to three weeks' vacation on the previous anniversarydate, one day's pay for each completed twenty -four calendar dayperiod of service.

If entitled to four weeks' vacation on the previous anniversary date,one day's pay for each completed eighteen calendar day period of service.

If entitled to five weeks' vacation on the previous anniversary date,one day's pay for each completed fourteen calendar day period of service.

If entitled to six weeks' vacation on the previous anniversary date,one day's pay for each completed calendar day period of service.

If entitled to seven weeks' vacation on the previous anniversarydate, one day's pay for each completed ten calendar day period of service.

If a member dies prior to anniversary date, such member shallpaid to estate an amount equivalent to the appropriate pro rataentitlement under (vi) or

Any amount of vacation overpayment shall be deducted from any moniesowing to the member or estate.

A member who retires on pension shall, in the calendar year in whichretires, be entitled to the vacation benefits set out below in lieu of

the provisions of clauses (a) and above:

The vacation benefit to which years of service entitleaccording to the schedule set out in clause (a), and for


16/87

that purpose years of service shall be calculated toanniversary date in the year of hisher retirement regardless of whether retires before or after the anniversary date;

In addition to the vacation benefit specified in sub -clause above,a vacation accrual based on the pro rata formula set out in clause

provided, however, that such accrual shall be calculatedfrom January 1st of year to the date of retirement.

The benefits provided in and above shall be granted as pay or timeoff at the discretion of the Chief of Police.

A member who leaves the Service and who commenced employment withthe Service as a Uniform member during the period June toDecember inclusive shall be entitled to the greater of the vacationtermination benefits set out above or,

The vacation benefit to which years of entitleaccording to the schedule set out in clause (a), and for

that purpose hisher years of service shall be calculated to hisheranniversary date in the year of hisher retirement regardless of whether leaves before or after the anniversary date.However, when a member terminates before anniversarydate, such calculation shall not apply for the purpose of entitlingthe member to an additional week of vacation for the year of hisher retirement.

In addition to the vacation benefits specified in sub -clauseabove, a vacation accrual based on the pro rata formula set out inclause provided, however, that such accrual shall becalculated from January of the year in which isterminating to the date of termination.

(a) A member shall be permitted to divide hisher vacation entitlement intoone week periods provided each such period shall be considered a vacation

draw.A member who at the time of vacation draw is assigned to a

where the opportunity to accumulate lieu time is restricted andwho is eligible for three or more weeks of vacation may elect to assign oneweek of vacation eligibility to lieu time, which shall be utilized inaccordance with the lieu time clauses of the Collective Agreement.


17/87

Vacations shall be taken by members in each rank in order of seniority based onthe total length of service.

(a)

(a)

A member who is hospitalized or confined to residence as a resultof an illness or injury (other than one occasioned by or as a result of

duty, as provided under Article hereof), at the time of commencement of scheduled vacation shall have hisher vacation

re-scheduled, provided the vacation as re-scheduled is taken before Marchof the next calendar year.

If a member does not return from sick leave prior to the saidperiod, the sick leave will be interrupted in order that the vacation may becompleted before the aforesaid March 1st.

ARTICLE PENSIONS

Each member who joined the Service prior to July shall beentitled, on retirement, or dependents on death, tothe benefits as set forth in the By -law of the City of Toronto consisting of By-law of the former Municipality of Metropolitan Toronto, asamended, being a By -law to provide pensions and death benefits tomembers of the Toronto Police Service.

The benefits provided under by -law as amended to the date of thisAgreement, form part of this Agreement and are to continue to apply toand be in force and effect with respect to the Members covered by the saidby-law during the term of this Agreement, and if such By -law is amendedor repealed, without the consent of the Association, during the term of thisAgreement so as to alter, reduce or discontinue the benefits providedthereunder, the Board is to continue such benefits and pay such benefits asif such amending or repealing By -law had not been enacted.

Each member who joined the Service on or after July shall be entitled, onretirement, or hisher dependents on hisher death, to the basic benefits for

normal retirement at age set forth in the Ontario Municipal EmployeesRetirement System plus the following additional benefits:

(a) An earned pension without actuarial reduction upon completion of thirtyyears of service as a Police Officer:

or


18/87

An earned pension without actuarial reduction if is declared by theBoard to be unable to perform the duties of employment due tomental or physical incapacity within ten years of normal retirement age.

The regular contribution for the provision (a) and above is to be metequally by the member and the Board.

The Board has placed One Hundred Thousand Dollars in a fund to beadministered by the Trustees of the Toronto Police Benefit Fund as set out in theMemorandum of Understanding dated May The Trustees will continueto determine the rules and regulations of the Fund, but the objectives will be toprovide a supplement to existing governmental payments andpension plan payments Toronto Police Benefit Fund, TorontoPension Plan) due to such dependents on the member's death, so that thedisposable after tax income of the surviving dependents will be approximately onehundred percent of the disposable after tax income of the deceased member, basedon the salary for the deceased member at the time the payments are made. TheTrustees will continue to have the right to adjust the amount depending on thecircumstances of the individual case from time to time. The adequacy of the Fundwill be reviewed time to time.

(a) The coverage under this Article shall only be furnished provided:

such coverage is not provided at the retired member's or retiredmember's spouse's place of employment. Upon termination of aperiod of ineligibility resulting from the fact that some or all of thecoverage has been provided at the retired member's or retiredmember's spouse's place of employment the retired member mayapply or re -apply for all or the remainder of the benefits under thisclause to which is entitled;

these benefits do not apply to dependents other than spouse and aninvalid dependent child of the member (as defined in the applicableinsurance contract) and provided that the member (or spouse)remains covered under the terms of this clause and such benefitsare not available to the invalid dependent child from another sourcewithout cost to the member;

premium payments cease when the member attains age If theretired member dies or receives such benefits (i.e. has coveragehereunder) until age and dies thereafter, survivingspouse will be eligible for such coverage until the earlier of suchsurviving spouse attaining age or the coverage to the memberand surviving spouse has continued for a total of months;


19/87

the retired member (or spouse) resides in Canada but, if residentoutside Ontario, the member or dependent shall be entitled to theinsured benefits only to the extent that equivalent benefits are notavailable to the member or dependent under the

plan in the inwhich the member or dependent resides. This requirementshall be waived with respect to the paid up life insurance

policy described in the clauses and and

ninety (90) days prior to the commencement of the coverage themember must make written application to the Board for thiscoverage.

For members retiring under the Benefit Fund with or more years of service but less than years of service

the member may elect (irrevocable for a specified term) to becovered for semi -private hospitalization insurance (clause

basic dental services by paying the required premium at theretiree group rate for such coverage; and

when the member's years of service and years of retirement total

the Board shall pay of the cost of premiums forcomprehensive medical insurance (clause and the member(but not his spouse or any other dependent) will be provided by theBoard with a paid up life insurance policy (any existing lifeinsurance provided by the Board and continued after retirementshall be reduced by such $5,000);

For those members retiring with less than years of service and whosecombination of years of age and years of credited service total not less than

and who qualify for early retirement and an unreduced pension underthe Benefit Fund or Plan

the Board shall pay of the cost of premiums for semi -privatehospitalization insurance (clause I and dental insurance(clause but in no event to exceed a period of months;

and

when the member's years of service and years of retirement totalthe Board shall pay of the cost of premiums for

comprehensive medical insurance (clause and the member(but not his spouse or any other dependent) will be provided by theBoard with a paid up life insurance policy (any existing life


20/87

insurance provided by the Board and continued after retirementshall be reduced by such $5,000);

For members who qualify for early retirement and an unreduced pensionunder the Benefit Fund or Plan and who have no less thanyears of credited service, and for members who are on a disability pensionunder the Benefit Fund or (without minimum age servicerestriction),

notwithstanding clause the member (but not his spouse orother dependent) will be provided by the Board with a paidup life insurance policy (any existing life insurance provided by theBoard and continued after shall be reduced by such$5,000); and

the Board shall pay of the cost of premiums forcomprehensive medical insurance (clause and

the Board shall pay of the cost of the premiums for semi -private hospitalization insurance (clause and dentalinsurance (clause but in no event to exceed a of months for those to whom above applies.

(e) For those members retiring on or after July whose combination of years of age and years of credited service is not less than a total of andwho qualify for early retirement and an unreduced pension under theBenefit Fund or shall be provided, until the member reachesyears of age but in no event for a period in excess of months, with

a paid up life insurance policy (any existing lifeinsurance provided by the Board and continued after retirementshall be reduced by such and

the Board shall pay of the cost of premiums forcomprehensive medical insurance (clause

the Board shall pay of the cost of premiums for semi -privatehospital insurance (clause and dental insurance (clause

A member retiring on or after January on an unreduced pension(including a disability pension in which case there is no minimum ageand/or service restriction ) shall be provided with the following benefitsuntil reaches age 65:


21/87

the Board will pay of the cost of premiums forcomprehensive medical insurance (clause dental insurance(clause and semi -private hospital insurance (clauseand

the Board will provide the member with a paid-up lifeinsurance policy (any existing life insurance provided by the Board

and continued retirement shall be reduced by such $5,000).

[NOTE: Notwithstanding sub -paragraph benefits under thisparagraph shall apply to the members spouse, to the membersinvalid dependent and to the members under the age

In addition to the benefits above, for retired members or theirsurviving spouses who are otherwise entitled to under clause

and who reside outside Ontario but elsewhere in Canada (or who,having retired in Ontario, subsequently move their residenceOntario but elsewhere in Canada), the member or hisher surviving spouseshall be reimbursed by the Board for the premium cost, if any, paid by

to obtain medicare coverage but the amountof such reimbursement shall not exceed per month.

ARTICLE STATUTORY HOLIDAYS

Every member shall be entitled to the following statutory holidays:

(a) New Years Day, Good Friday, Easter Monday, Victoria Day, Canada Day,Civic Holiday, Labour Day, Thanksgiving Day, Christmas Day, andBoxing Day.

In addition to the holidays provided in (a) above, every member who hascompleted six months service on June 1st of any year shall, on that date,have credited to lieu time bank one days credit at straight time (i.e.eight hours) and every member who has completed six months service on

October 1st of any year shall, on that date, have credited to lieubank one days credit at straight time similarly calculated, such time ineach case to be used in accordance with the lieu time provisions of theCollective Agreement.

A member, to qualify for payment of a holiday in (a) and above, mustbe in receipt of some salary including sick pay under clause inrespect to the two clear calendar months immediately preceding suchholiday.


22/87

When any of the above holidays falls on a Saturday or Sunday, the Fridaypreceding or the Monday such holiday shall be designated by theBoard as the day of observance of such holiday, and it is agreed that any premiumpayable for working on such designated holiday shall not apply to such Saturdayor Sunday.

Each member who is not required to work on a day so designated as a holidayshall be to and shall be paid by the Board regular rate of pay foreach designated holiday not so worked.

When a member is required to be on duty on a Statutory Holiday or on a daydesignated for the observance of a Statutory Holiday, shall be entitled toreceive a day's pay in lieu of the Statutory Holiday and in addition shall begranted lieu time as provided in clause or pay calculated at the rate of oneand one-half times the member's rate of pay for all hours worked on such day.

Provided that a member who is entitled to overtime pay or time off in lieu thereof,as a result of working overtime in the same week has been assigned towork on a Statutory Holiday, shall be entitled to receive both the payments or timeoff in lieu as provided in clause and the payments or time off in lieu forovertime as provided in Article of the Collective Agreement, whether theovertime has been caused by working on the Statutory Holiday or otherwise

Subject to the requirements of the Service, when scheduling members for duty ona Statutory Holiday preference shall be given to those members required to be onduty both the day before and the day after such holiday.

ARTICLE ASSOCIATION MEMBERSHIP AND

A member who was not a member of the Association on June shall notbe obliged to pay the prescribed dues to the Association as a condition of employment.

A member who was a member of the Association on June shall beobliged to pay the prescribed dues to the Association as a condition of employment but shall not be obliged to pay any assessments levied by theAssociation on any of its members which may be in excess of the prescribed duesunless remains as a member of the Association.

A member who joined the Service on or after July shall be obliged to paythe prescribed dues to the Association as a condition of employment but shall notbe obliged to pay any assessments levied by the Association on any of its


23/87

members which may be in excess of the prescribed dues unless becomes amember of the Association.

The Board will deduct from the regular pay of each member of the Associationsuch dues and assessments as the Association may, from time to time, levy inaccordance with the By -laws of the Association and continue to make suchdeductions until this Collective Agreement is terminated or the member ceases to

be a member of the Association, whichever occurs first.

The Board will deduct from the regular pay of each member who is not a memberof the Association, but to whom clause or clause of this Article apply,such dues as the Association may, from time to time, levy in accordance with theBy-laws of the Association.

Within a reasonable time after the making of each such deduction, pay the sum sodeducted to the Association.

The actual costs to the Board, from time to time, during the currency of thisCollective Agreement of carrying out such arrangements shall be paid by theAssociation to the said Board upon receipt of accounts therefor from the Board.

ARTICLE WELFARE AND GROUP LIFE INSURANCE

A member shall be entitled to the benefits of this Article

(a) from the first month following the month in which six months of employment have been completed;

until the end of the month in which employment terminates in the case of and Supplementary Hospital coverage, and until the end of the next

month following the month in which a member's employment terminatesin all other cases.

The Board shall pay one hundred percent of the Single Premium or the FamilyPremium, as the case may be, for any such member who is eligible for and entitledto receive insured services under the Ontario Health Insurance Plan, established

pursuant to the Health Services Insurance Act and with respect to whom the Boardis required to remit a premium pursuant to the provisions of such Act.

(a) The Board shall continue to contract with an insurance for thepurpose of supplementing the insured services referred to in clauseby providing accommodation at the semi -private ward level for anymember including a member on benefits to whom such clause is


24/87

applicable and the Board shall pay one hundred percent of the SinglePremium or the Family Premium, as the case may be, for such plan.

A member, at option, may be covered by the provisions of thisclause during first six months of employment, provided suchmember pays the required premiums.

The Board shall continue to contract with an insurance carrier to provide acomprehensive medical insurance plan with a deductible provisionand the Board shall pay one hundred percent of the Single Premium or the FamilyPremium, as the case may be, for such plan.

The Board shall provide every member, by contract with an insurerlicensed under the Insurance Act of Ontario and selected by the Board,with group life insurance in an amount equal to two times the annualsalary of each member, for the member's rank in effect at the time of death,such amount of insurance to be rounded to the nearest

The Board shall provide every member with the normal provisions relatingto coverage for accidental death and dismemberment coverage.

The Board shall pay one hundred percent of the premium for such grouplife insurance and accidental death and dismemberment coverage.

The Board shall continue to contract with an to provide adental plan providing for the payment of benefits as set out in a dental planagreement signed by the Parties. The plan shall provide for the dentalprocedures to be paid in accordance with the Ontario Fee Guide for DentalPractitioners in at the time the service is rendered.

The Board shall pay one hundred percent of the Single Premium or theFamily Premium, as the case may be, for such plan.

The plan shall be mandatory for every eligible member.

The insurance policies for coverage provided in clauses and

will provide for "over -age'' dependent insurance.An "over -age'' dependent is defined as follows:

An unmarried child of a member, twenty -one years of age or over, who is a full-time student attending an educational institution or on vacation andwho is dependent for support on such member, excluding always:

(a) any person who is otherwise covered for benefits under the Policies, and


25/87

any person whose evidence of insurability furnished in accordance with theprovisions of the Policy is not accepted as satisfactory to the Insurance Company.

An over-age dependent shall become eligible to be insured on the at tainment of twenty -one years of age, or on the date of enrolment as a student at an educational institution, if such dependent be over twenty -one years of age on that date. If application is not made

for Over-Age Dependent Insurance within days of the date of becoming eligible,evidence of insurability satisfactory to the Insurance Company will be required.

The Board may, at any time, substitute another carrier for any benefits in Article(other than provided that the benefits afforded thereby are not

decreased. Such substitution will not occur on less than sixty days notice to theAssociation.

The Board shall pay the premium and be responsible for maintenance of insurance coverages in accordance with the provisions of the EmploymentStandards Act , for members on Pregnancy or Parental Leave provided themember has completed probation period.

ARTICLE SICKNESS AND SICK PAY CREDITS

Each member shall receive a gross credit of one and one -half days for eachunbroken month of service with the Service, such credit to be cumulative. For thepurpose of this clause, service shall not be broken by a member's absence fromduty caused by illness, except as provided in clause hereof or by injury oraccident occurring while on duty or by holidays, vacations or days off or by leaveof absence while on mili tary service as provided in clause or by disciplinarysuspension provided the member has worked some portion of said month.

Where a member is absent on account of illness and cumulative sick paycredit has been exhausted, shall not receive sick pay credits for the monthin which was so absent.

Sick pay credits shall be cumulative as from the beginning of the first completecalendar month after the commencement of duties.

A member shall not be entit led to receive sick pay in advance of any creditmay earn in the current month; such credit becomes available only on or after thefirst day of the following month.


26/87

Every member, on the of the month following completion of six months of service shall be eligible to receive sick pay, at full salary, for any time lost byreason of illness or injury to the full extent of sick pay credits available toat the time of each absence, except where an award is made under the

(a) The number of days for which a member receives "sick pay" shall be deductedfrom cumulative sick pay credit, but no deduction shall be made onaccount of any day on which a member would normally be entitled to be off work. Absence on account of illness for less than a full day shall be deductedon a straight hourly basis to the nearest minutes.

For any time lost by reason of having to care, because of an urgent situationwhere no reasonable alternative is available, for an ill or injured dependent amember may use a maximum of three days (24 hours) per calendar year of sick pay credits (part days to be calculated as under clause (a) ) providedsick pay credits are available to at the time. A member who makesuse of this provision has an obligation to make other arrangements for the careof the dependent at the earliest reasonable opportunity. "Dependent" means amember of the member's immediate family who, by reason of age or infirmity,is dependent upon the member for daily care and supervision.

Effective January for any time lost by reason of having to care,because of an urgent situation where no reasonable alternative is available, foran ill or injured dependent a member may use a maximum of hours percalendar year of sick pay credits (part days to be calculated as under clause

(a) ) provided sick pay credits are available to at the time. Amember who makes use of this provision has an obligation to make otherarrangements for the care of the dependent at the earliest reasonableopportunity. "Dependent" means a member of the member's immediate familywho, by reason of age or infirmity, is dependent upon the member for dailycare and supervision.

If any member resigns the Service or is discharged for cause and later returnsto the Service, shall be considered a new member for the purposes of thecumulative sick pay credit plan.

Every member who is unable to report for duty by reason of sickness shallimmediately cause Station or Division office to be so notified.

(a) The Medical Advisor shall have medical charge of every member who, onaccount of illness, injury or other physical or mental disability, is unable todo police duties, provided that any member who wishes to beattended by family physician may do so at own expense.


27/87

The Medical Advisor or a physician or nurse appointed to assistshall have the right to visit the sick member at least once a day and theMedical Advisor or a physician appointed to assist shall have thesole right to determine when the member shall resume duty.

If, after examining medical reports and making such investigationsincluding consultation with the member's physician as the Medical

Advisor deems appropriate, the Medical Advisor disagrees with themember's physician on the medical diagnosis or prognosis of the member,the member shall be referred to an independent medical consultant (as maybe agreed by the parties from time to time) whose opinion on the diagnosisor prognosis of the member's condition shall govern unless there is amaterial change in the member's condition following such examination.Should the opinion of the consultant as to the diagnosis or prognosis of themember be materially different from that of the Medical Advisor, theBoard shall pay the consultant's fee. Otherwise, the consultant's shallbe paid by the member.

Apart from issues concerning diagnosis or prognosis to be resolvedpursuant to clause the Medical Advisor shall determine amember's fitness to perform duties provided such determination isnot made in bad faith or in an arbitrary manner.

A referral to an independent medical consultant shall be made in thefollowing manner:

When the Medical Advisor disagrees with a member's physicianunder clause shall immediately notify the othermembers of the Medical Committee and a meeting of theCommittee shall be convened as soon as is practicable.

At the meeting referred to in paragraph above, the Committeeshall discuss the member's situation, agree upon the independentmedical consultant to whom the member is to be referred and drafta letter of referral to the independent medical consultant whichshall be sent to over the signatures of the Medical Advisorand a representative of the Association.

The letter of referral shall, inter alia, direct the independentmedical consultant to send to both signatories of the letter of referral any report or correspondence concerning the member orconcerning any matter arising out of the referral.

The Medical Committee shall consist of two representatives of theAssociation and two representatives of the Board.


28/87

(e) The procedure under clause shall not apply tounder the Police Services Act or Regulations pursuant thereto.

The Central Sick Leave Bank shall be effective October (the "EffectiveDate") and shall remain in effect for an initial assessment period to the later of December or the date upon which the Collective Agreement, decision or

award for comes into effect. Both parties have concerns about the plan: theBoard is concerned about the level of benefits and the cost thereof; theAssociation is concerned about the level of funding. The initial assessment periodwill provide both parties with an opportunity to assess the Bank and their present

Both parties, however, are committed to some form of long termdisability protection.

ELIGIBILITY:

A member is eligible for benefits under the plan where:

The member is absent due to disability which would entitle the member tosick leave but sick leave credits are exhausted and credits remainavailable under this Bank. For the purpose of this Bank "disability" is inaddition more particularly defined to mean:

for the first months of disability as the inability to perform theregular duties of a police officer and the inability to perform theessential duties of any available position with the Service withcompensation equal to or greater than of the current salarypayable to the rank held at the commencement of disability; and

after the first months as the inability to perform any gainfuloccupation or employment for which the member is reasonablysuited by education, training or experience;

The member has been absent because of such disability for six continuousmonths or an aggregate of working hours within a 9 -month period(on the recommendation of the Committee the Boardmay waive part of the aforesaid waiting where the member nolonger has sick leave credits available because the member has attemptedto return to duty during earlier periods of such disability); and

At the commencement of the absence because of illness or injury themember had at least one year's service with the Service.

BENEFITS:


29/87

The benefits to be provided under the Bank are as follows:

Payment to an eligible member during the first year of paymentunder the Bank to such member shall be made on a basisof hours of pay at the current rate for the position held at thetime of such disability;

Payment to an eligible member during the second and subsequentyears of payment under the Bank to said member shall be made ona basis of hours of pay at the current rate for theposition held at the time of such disability.

Notwithstanding clause 12: effective Februaryin any year payment to an eligible member under the Bank shall bemade on a basis and shall be the greater of a benefitbased on the officer's salary at the time of disability or abenefit based on the salary for the rank held by the officer at thetime of disability as it is increased from time to time.

During a period of benefit payment from the Bank the Board willhave no obligation to make other payments to or on behalf of the

member except that with respect to the coverages provided for inclauses and payment from the Bank shall be made for the premiums, as stipulated in those Articles forthe first seven consecutive full pay periods or parts thereof duringwhich the member is eligible for payments from the bank.

Following the first consecutive pay periods in above,payments under the plan may be made by the Board to provide

coverage (clause of the Collective Agreement) andExtended Health Benefits (clause to persons eligible forbenefits hereunder whose economic circumstances make suchpayments appropriate as determined by theCommittee provided that the funding of the Bank, in the opinion of the Association, permits.

The Board, following the first consecutive pay periods inabove, shall contribute of the required premium and themember shall pay the balance to provide for continued coverage of benefits under clauses and provided thata member may make the irrevocable election to waive receipt of the dental benefit (clause This clause supersedes clause

except that members in receipt of central sick bank benefits on March may elect to continue receiving the


30/87

benefit entitlement under the previous "economic circumstance "clause in clause 12:

Effective June of the required premiums under clausesand shall be paid by the Board from the Bank.

REDUCTION OF BENEFITS:

Payments will be reduced by benefits, if any, to which the member isentitled under any government plans or other plans to which the Board hascontributed, in whole or in part, on behalf except the TorontoPolice Benefit Fund and (unless the member is in receipt of pension from the Fund or in which event the benefits hereunderwould be reduced by the amount of such pension), provided, however, thatin the case of there will be no reduction in respect of:

permanent partial awards relating to a prior disability or accident;or

allowances for expenses other than for lost time.

Subject to the overriding condition that the payment under the Bank together with any other payment payable on account of disability of themember under any Board plan, any group insurance contract or any plan of any government shall not exceed of the current rate for the position.The member in order to receive benefits hereunder must make timely andproper application for any disability or other benefits for which maybe eligible under any government or private plan, including theand the Canada Pension Plan benefits but excluding the Toronto PoliceBenefit Fund or and until the amount of such disability benefitshas been established, the Board reserves the right to make the reductionsabove described on the basis of an estimate of such disability benefits.The member shall be obliged to disclose to the Board all such payments,application for payment of any other benefit, changes in status inrespect of any other benefits and any other information reasonably requiredto determine entitlement under this Bank.

BENEFIT DURATION:

Such payments shall continue to be drawn against available credits in thisBank during such disability so long as credits remain available under theBank and the member remains eligible for benefits provided that:

No member shall be entitled to draw benefits under this Bank afterhas attained the tenure or age that would entitle to


31/87

an pension without actuarial reduction or to an unreducedpension under the Metropolitan Toronto Police Benefit Fund.

A member will not lose his entitlement to receipt of benefitshereunder by reason only that the member is entitled to a pensionunder the Police Benefit Fund because the member has completed

to years of credited service.

Rehabilitative Employment: If a member engages in RehabilitativeEmployment directly following any period of disability for whichbenefits have been paid from the Bank, the Board in respect of each pay period will pay the member at the then current hourly ratefor the job performed for all hours worked on rehabilitativeemployment and shall continue to pay the member from the Bank at rate calculated under clause inrespect of those hours the member does not work during the payperiod. "Rehabilitative Employment " means any occupation,employment or undertaking for wages or profit, approved by theBoard and undertaken by the member while unable because of sickness or injury to engage in any occupation or work on atime basis or unable to fully perform the essential duties of anyavailable position on the Service.

Should the member recover and return to work the monthlybenefits will cease and regular salary will resume.

Should there be a recurrence of the same or causally relateddisability within six months of the member's return to work hissalary will cease and benefits will resume immediately.

(e) PLAN CREDITS AVAILABLE FOR PAYMENT OF BENEFITS:

(1) Payments shall only be made to eligible members from the Bank by theBoard so long as the Bank has a credit balance. The balance available forpayment to members shall be debited by all payments to membersprovided for hereunder and shall be credited during the initial assessmentperiod as follows:

at the end of each pay period following Effective Date, a creditby the Board equal to of of the regular straight time hourlyearnings (excluding overtime and other premium payments) of each member covered by this Collective Agreement and enrolled inthe Toronto Police Benefit Fund or This obligation shallbe suspended and inoperative for the year


32/87

at the end of the month of its receipt from the EmploymentInsurance Commission, the full Board's plus members' share of thepremium rebate (which the Association on behalf of its membershereby agrees should be directed to the Board for the purpose of the Bank, in consideration of the benefit improvement resultingfrom this Bank); and

at the end of each calendar year the Board to credit interest on theaverage balance for the year of the portion of the Bank which isrepresented by the members' rebate contributions, assumingthat all payments from the Bank are made in the same proportionfrom such members' contributions as those contributions bear tothe credits in the Bank. The interest rate shall be the average yieldon 3-month Government of Canada Treasury Bills for the year.

Neither the Board nor the Association nor any member shall be liable tomake any payments to the credit of the Bank and claims of members for payment shall be made only from the credits establishedhereunder and shall be limited to the credit balance of the Bank at the timethe member is entitled to be paid. It is understood and agreed that neitherthe Board as administrator of the Bank nor the City of Toronto is underany obligation to maintain a fund, representing the credit balance availablefor the payment of under the Bank from its other moniesand the Employment Insurance Commission rebates are for the sole use of the Board or the said City of Toronto and need not be maintainedseparately from other funds.

The application of any credit balance remaining in the Bank at the end of the initial assessment period shall be determined by agreement betweenthe parties or failing that, by the same procedure that is used to determine aCollective Agreement or award for the calendar year.

The Board undertakes, however, to supply the Association with a fullaccounting of the Bank's operation no less frequently than quarterly, suchaccounting to begin months from "the Effective Date " and relate to thequarter immediately preceding the quarter then ended.

TRANSITIONAL:

To be eligible for any payment from the Bank the member must either:

become disabled after the Effective Date, or

be disabled before the Effective Date and be absent from work because of such disability on the Effective Date.


33/87

A member absent from duty because of disability resulting from otheremployment not associated with duties as a member of the Service shall notreceive benefits under Article for such absence to the extent these are receivedfrom the or other insurance plans at such place of

This clause shall not apply to a disability suffered by of the

Association's Board of Directors when the "other employment " is with theAssociation.

Whenever the Board requires a member to furnish a medical report on itsprescribed form, the Board will reimburse the member for up to of themedical practitioner's charge, if any, for providing such form.

ARTICLE WORKPLACE AND INSURANCE

When a is absent by reason of an illness or injury occasioned by or as aresult of duty and where an award is made by the Workplace Safety andInsurance Board:

shall, in addition to the suchamount so as to provide that the total payment to the member shallapproximate but not exceed the net pay such member might otherwisehave received had not been absent.

(Other for disabilities not related to the currentdisability or absence will not be considered.)

A member absent on is deemed to be at work and so shallaccrue vacation credits during absence.

If the absence causes the member to miss vacation timescheduled during the balance of the year in which theoccurs, such vacation time may be retained for use no later thanJune of the year following the year in which the member returnsto work.

A member absent for a full calendar year will be deemed to havetaken that year's vacation during that year.

In the year that the member returns to work, in addition to anyvacation entitlement retained under clause above, themember shall be entitled to all vacation time accrued during the


34/87

year preceding the year in which returns to work. Suchvacation time must be used no later than June of the yearfollowing the year in which the returns to work.

shall, if hospitalized or confined to residence prior to theactual date of a statutory holiday, accumulate such statutory holidays inequal lieu time as might otherwise receive. For the purpose of thisclause, a member shall be considered "confined to residence "notwithstanding that the member is required to attend an appointment with

physician or to attend an appointment for the purpose of rehabilitative therapy.

For the purpose of this clause, net pay shall be the pay for the rank of themember as shown in Schedule "A", less those deductions required underGovernment Statutes, pension contributions, and other deductions underthis Collective Agreement.

A member, when on absence, shall be deemed to be on the DayShift tour of duty and on a Monday to Friday work week.

No member shall be entitled to draw benefits under clause orwhile such member is entitled to receive a Disability Pension from theCanada Pension Plan.

A member who, as a result of an injury on duty, is required to remain on dutybeyond the end of regular tour of duty for hospital treatment shall receivelieu time as provided in clause of the Collective Agreement or pay calculatedat the rate of times the member's rate of pay while in hospital, but in noevent shall such payment exceed three hours pay or time off in thereof at thetime and one-half rate, nor shall such period of extra pay extend beyond midnightof the day on which the member is injured.

A member who is injured on duty in circumstances where no action for suchinjuries would lie against a third person and who is unable to work as a result of such injury, shall, while is off work as aforesaid be paid regular daywork rate to the extent of available sick pay credits, until such time as aruling has been made by the upon claim and the member hasexhausted all internal appeals (but not appeals), provided thatif and when the rules in favour of claim the sick pay credits soused shall be restored.

Where a member who is injured in circumstances in which might beentitled to compensation under (assuming timely and proper applicationis made) elects instead to claim against a third party shall, as a condition of receiving sick pay benefits, undertake in writing to reimburse the City of Toronto


35/87

out of the proceeds of any settlement or judgement upon such claim, the amountof money equivalent to the value of such sick pay benefits and upon returnhaving made such reimbursement accumulated sick pay credits shall berestored accordingly.

ARTICLE SICK PAY GRATUITY

In this Article the words "termination of employment" shall mean separation fromemployment with the Service by retirement on pension or by resignation, but shallnot include dismissal.

Upon termination of employment with the Service:

(a) there shall be paid to every member who has been in the of theBoard for an aggregate period of at least ten years; and

there shall be paid to the estate of a member who dies while in theemployment of the Board, having completed at least years of service

the whole or part of such amount as is equal to one -half the cumulative sick paycredits of the member, but in no case shall such amount exceed the aggregateamount of his salary or other remuneration for the period set forth in Column of the Schedule contained herein, corresponding to the service requirements set forthin Column thereof. The following is the herein before mentioned:

COLUMN SERVICE REQUIREMENT COLUMN - PERIODAt least years and less than years

At least years and less than years





At least years

Three calendar months

Four calendar months

Five calendar months

Six calendar months

Seven calendar months

Eight calendar months

Nine calendar months

(522 pay)

(696 pay)

(870 pay)

(1044 pay)

(1218

(1392

(1566

For the purpose of meeting the service requirements set out in the above schedule,the following shall be included:

(a) All time worked with the Service from the most recent date of hire andwith the former Metropolitan Toronto Police Service prior to entering theservice of the Service.


36/87

All time lost on account of absence for reason of illness where the memberwas paid for such absence or was considered as being on sick leavewithout pay.

All time lost on account of absence by reason of Pregnancy Leave withoutpay for a period or periods not exceeding six months.

In the event of the death of a member the amount payable under this section shallbe paid to the members estate.

In no case shall an award made by the be deducted from any authorizedgrant to a member or dependents.

ARTICLE GRIEVANCE PROCEDURE

Any difference concerning the interpretation, application, administration oralleged violation of the provisions of this Collective Agreement, including anyquestion as to whether a matter is arbitrable, will be dealt with in the followingmanner:

STEP

An aggrieved member, accompanied and represented by an AssociationSteward or Director, may present grievance, in writing, toUnit Commander or designate and grievance shall be discussed with aview to reaching a settlement. The Unit Commander shall render a writtendecision within five working days of the discussion. Any settlement of thegrievance reached at this Step will be considered applicable to the case inquestion only and will not establish a precedent for future cases.

STEP

Failing satisfactory settlement at Step the Association may, withintwenty working days, submit the grievance to the Chief of Police ordesignate for discussion with a view to reaching a settlement. Tofacilitate settlement, a meeting shall be held at which the Board may berepresented by such persons as the Board deems necessary and at whichthe Association may be represented by such persons as the Associationdeems necessary. The Chief of Police or designate shall render awritten decision within seven working days of the Step meeting.

Either party to this Collective Agreement may lodge a grievance in writing withthe other party on any difference between the parties concerning an interpretation,


37/87

application or administration of the Collect ive Agreement, including any questionas to whether a matter is arbitrable and such grievance shall commence at Step

A grievance is to be commenced within working days of the incident whichgave rise to the grievance, unless the Association or Board is unawarethat grounds exist for a grievance, in which case, the grievance is to becommenced within working days of the time at which the Association

or Board became aware that grounds for a grievance existed.

(a) Failing satisfactory settlement at Step of the Grievance Procedure eitherparty, within ten working days, may refer the grievance to conciliationpursuant to the provisions of Sections of the Police Services Act.

Failing satisfactory settlement at conciliation, either party, withincalendar days following the date of the letter from the Solicitorunder of the Police Services Act, may refer the grievance toarbitration under of the Police Services Act.

For the purposes of this Article, "working days " shall mean Monday to Friday,exclusive of statutory holidays falling on or designated to be taken on any one of the days from Monday to Friday, inclusive.

An arbitrator may extend the time for the taking of any step in the grievanceprocedure under a Collective Agreement, notwithstanding the expiration of suchtime, where the arbitrator is satisfied that there are reasonable grounds for theextension and that the opposite party will not be substantially prejudiced by theextension.

Except for charges, complaints or other actions taken in respect of amember under the Police Services Act or any other legislation orregulation, a member shall be notified of any disciplinary action takenagainst the member by way of documentation (currently 930) and hasthe right to respond thereto in writing within ten working days.

If the issuance of a derogatory is being considered and themember is requested to respond to a unit commander or designate,the member shall have the opportunity to have the Divisional steward orAssociation representative present at such a and, wherepracticable, without cost or loss of service to the Board. Representativesof the Board and the Association shall arrange for such meetings with theminimum disruption of police duties by the utilization of availablepersonnel within the Unit or a full -time Association representative.

A copy of the Personnel Documentation Form will be given tothe member when the documentation is made and, in accordance with the


38/87

provision on the Form, derogatory reports will be purged after two years,unless further derogatory reports are received, in which case the report willstay in file until two full years have passed without further derogatoryreports.

ARTICLE SPECIAL PAY AND ALLOWANCES

A constable who is assigned to perform police duties

(a) in plainclothes for a minimum of (thirty) days (or hours if that occurs first) in a calendar year,

or

as a training constable or a constable assigned to classroominstruction duties at College

shall receive a salary of rank plus of the salary of a First ClassConstable as set out in Schedule A for the period of time during whichis so assigned and such salary shall be used for computing premium pay suchas overtime and callback.

NOTE: A member who commences plainclothes duties on or afterDecember in any year and who does not do so for days orhours in that year may count those hours in the following yearprovided is assigned to plainclothes duties in January of thefollowing year.

A member in receipt of salary as provided in (a) above shall after six (6)consecutive months receive such salary when on annual vacation, sick pay,paid holidays or on paid lieu time. Such payment will be paid for theperiod the member would have remained on such duty had it not been forabsences referred to in this clause. In calculating net pay under Articleor for Central Sick Bank and for entitlements under Article such

payment will be taken into account. Assignments will not be varied for thepurpose of avoiding obligations under this sub clause.

However, the Parties realize that on occasion a member who is unable toperform all of regular police duties because of injury or illness maybe assigned to plainclothes duty and will not be entitled to clothing andplainclothes expense reimbursement payments.

(a)


39/87

When a member is assigned to plainclothes duty because of injury orillness, a Consent Form will be prepared which the member will signacknowledging that will not be entitled to plainclothes allowanceand clothing expense reimbursement. The Consent Form will describe theinjury or illness and the estimated time before the member is expected toreturn to regular duty.

The Consent Form shall be renewed at least once every sixty work days,unless the Parties and the member agree on a longer period.Copies of Consent Forms will be sent to the Association.

The aforementioned procedure will apply to any member assigned toplainclothes duty for reasons of injury or illness.

Each member to whom a dog is assigned and who has continuous off dutyresponsibilities for the care and maintenance of the dog in custody inaccordance with the requirements of the Board shall receive an allowance of

per month. A member assigned such responsibilities for less than a monthshall receive a pro rata amount in respect of such lesser period.

A first class constable who is assigned to coach a recruit during the first tenweeks of the recruit's initial field assignment shall receive, in addition toregular salary, of the salary of a first class constable during the whenthe constable is coaching the recruit.

(a)

(a)

ARTICLE LEAVE OF ABSENCE

A member, on application to unit commander, shall be granted upto three days leave of absence with full pay for the purpose of gettingmarried. The three days leave of absence will represent the day before, theday of and the day after the marriage ceremony. If such leave of includes regular days off (which days off shall not be altered) thesedays will form part of the leave of absence.

A member whose annual leave coincides with marriage shall not beentitled to more than one day's paid leave under this provision.

On request to the Unit Commander, leave of absence shall be granted to amember because of the death and attendance at the funeral of

father mother daughter brother sister spousegrandparent grandchild.


40/87

Time so lost, during the four calendar days immediately followingsuch death, from the member's regular schedule shall becompensated at the member's regular rate of pay up to a maximumof four days (32 hours).

of the member.

Time so lost, during the three calendar days immediately followingsuch death, from the member's regular schedule shall becompensated at the member's regular rate of pay up to a maximumof three days (24 hours).

Days off arc not to be altered to form part of the four or three daysmentioned above.

For the purpose of this clause a who is a step -parent, step -child orstep-sibling of a deceased will be considered for such leave where it isestablished that there is a continuing close personal relationship.

In lieu of the above, in the case of the death of a member's father, mother,child, spouse, brother, sister, mother -in-law or father -in-law, should themember be unable to attend the funeral because of the distance to betravelled or other just cause, such member on request to UnitCommander shall be granted one day off with pay for the purpose of mourning the death.

(e ) Where a member was not brought up by natural or adoptive parentsor step-parents but was brought up by one or two other adults, a memberwill be considered for leave under this clause in the event of death of suchadult where it is established there is a continuing close relationship.

In this Article, the word 'spouse' shall mean the person designated by themember, in accordance with the contract with the insurer, asspouse for purposes of health care benefits. Similarly, for the purposes of this Article, in -law relationships are to be founded upon spousalrelationships as defined in this paragraph.

Where the member is attending the funeral but docs not wish to commencehis or her bereavement leave on the calendar day immediately followingthe death due to the exigencies of the Service, at the request of the member(with Unit Commander approval), the member may remain on duty andcommence bereavement leave at a later date, provided that thebereavement leave is completed not more than ten (10) calendar days afterthe date of the death, and the member receives no greater bereavement


41/87

leave entitlement than he would have been entitled to, had the leavecommenced on the calendar day immediately following the day of death.

(a) Pregnancy Leave without pay shall be in accordance with Part XIof the Employment Standards Act of Ontario, except that amember commencing such leave who is in receipt of

pregnancy benefits pursuant to of the InsuranceAct shall be paid a supplemental unemployment insurance benefitin an amount which with her pregnancy benefit brings hercompensation to of her regular weekly earnings. Suchpayment shall commence following completion of the week employment insurance waiting period and shall continue while theemployee is absent on Pregnancy Leave and is in receipt of such

benefit for a maximum period of weeks. In respect of thetwo (2) week waiting period, the member shall be paid of herregular weekly earnings.

Pregnancy Leave, for any member who does not qualify under PartXI of the said Act, shall be at the discretion of the Chief of Police,as shall any requested extension thereof.

Seniority shall continue to accrue during the weeks of Pregnancy Leave.

Except as specifically provided, Pregnancy Leave shall be at nocost to the Board.

A members anniversary date, for an increment or for vacationentitlement, shall not be affected as a result of any PregnancyLeave.

Pregnancy Leave granted under clause above shall not result inany reduction in annual leave entitlement.

Parental Leave without pay shall be in accordance with Part XI of the Standards Act of Ontario, except that, effectiveJanuary a member commencing such leave who is inreceipt of parental benefits pursuant to the EmploymentInsurance Act shall be paid a supplemental unemploymentinsurance benefit in an amount which with parentalbenefit brings her compensation to of her regular weeklyearnings. Such payment shall commence following completion of the week employment insurance waiting period, if any, and shall


42/87

continue for a maximum period of weeks while the employee isabsent on Parental Leave and is in receipt of benefits.

A member's anniversary date, for an increment or for vacationentitlement, shall not be affected as a result of any Parental Leavegranted pursuant to this paragraph, nor shall such a Parental Leaveresult in any reduction in annual leave entitlement.

Seniority shall continue to accrue during a Parental Leave grantedpursuant to this paragraph. However, the period of Parentaldoes not count towards reclassification.

Except as specifically provided, Parental Leave shall be at no costto the Board.

For purposes of this clause, "regular weekly earnings " shall be determinedby multiplying a member's regular hourly rate on the last day worked priorto the commencement of the leave times normal weekly hours. Forthe purposes of the Pregnancy and Parental Leave top -ups, regular weeklyearnings shall be based on the member's permanent rank or position butwill be based on acting rank or position provided the member has been inthe acting rank or position for a period of one year or more.

Elected members of the Board of Directors of the Association shall, on atleast two weeks' written notice, be granted leave of absence from theirduties for their term of office. During the tenure of their leaves of absence, such members shall be paid by the Association and shall not bepaid by the Board. The Association shall be responsible for all sourcedeductions and remittances in respect of such members except as set outherein. The Board shall continue to provide welfare and group insurancebenefits in respect of such members as though they had not been grantedthe leave of absence. The Association shall remit required pensioncontributions (member and employer) on a monthly basis to the Boardwhich shall promptly remit same to the applicable pension plans, provided,however, that the Board shall be fully indemnified by the Association inrespect of any loss or expense incurred by the Board as a result of theAssociation's calculation of the required pension contributions or theAssociation's failure to remit the correct amounts in a timely fashion to theBoard. The Association will reimburse the Board the full cost of non-pension benefits provided by the Board during such leave of absence forsuch members. No more than nine members of the service may be onleave of absence at any one time.

The Association agrees to release the Board and the Chief of Police fromany and all liability with respect to any acts performed by, or omissions of,


43/87

a member in the performance of duties on behalf of the Associationduring such leave of absence.

Subject to the requirements of the Service which cannot be foreseen or planned inadvance, the Board shall allow the Directors Stewards of the Associationsufficient time off duty, without pay, to attend local, Provincial, National andInternational Police Association meetings or other authorized Association

business. Such time off shall only be granted with the permission of the Chief of Police upon written request by the President of the Association.

Subject to the requirements of the Service, a member shall be allowed aleave of absence without pay for a period not to exceed thirty workingdays for compassionate reasons acceptable to the Director of HumanResources. If, while on such leave of absence, the member engages in orapplies for other employment without the consent of the Chief of Police,or if a member on such leave fails to report for work without lawful reasonat the beginning of regular tour of duty after the termination of such leave, such member shall be considered as having quit without noticeand shall be terminated from employment.

Subject to the provisions for Family Medical Leave under of the Employment Standards Act, members shall be entitled to up to

weeks leave.

Subject to the requirements of the Service, a member shall be allowed aleave of absence for a period not to exceed two (2) calendar weeks formilitary training with the Canadian Armed Forces Reserve. The leave of absence shall be without pay but the member may elect to use accumulatedlieu time for all or a part of the duration of the of absence.

When, at the time of making vacation selection, a member is awareof the dates of military training, shall submit a writtenrequest for such leave to hisher Unit Commander when makingvacation selection. In all other cases, a member shall submit a writtenrequest for such leave to Unit Commander no later than four (4)months prior to the commencement of the military training.

All written requests for military leave shall indicate whether or not themember wishes to use accumulated lieu time for all or a part of the leaveof absence and shall be accompanied by written substantiation of themilitary training exercise from the appropriate Armed Forces personnel.

Subject to the requirements of the Service, a Unit Commander shall permit amember holding the position of Steward in the Association lieu off on a tourof duty to at tend an Association meeting.


44/87

ARTICLE SEPARATIONS FROM SERVICE. LAY OFF AND TRANSFER

For payroll purposes, a member separating from the Service between the hours of a.m. and midnight of any date shall be construed as having done so atmidnight of that date.

In the event of a reduction in the Service, the Board will determine the number of members to be laid off or reduced in rank and will select the individual membersto be laid off or reduced in rank in the following order:

If reduction in the rank of Constable occurs:

subject to the special needs of the Service which will require the retentionof officers who have special skills or qualifications or who are engaged onspecial assignment which it is not in the interest of the Service to disrupt,those Constables with the least seniority will be the first to be laid off.

If reduction in the rank of Sergeant occurs:

subject to the special needs of the Service which will require the retentionof officers who have special skills or who are engaged onspecial assignment which it is not in the interest of the Service to disrupt,those Sergeants with the least seniority in rank will be the first to bereduced to the rank of Constable.

If reduction in the rank of Staff Sergeant occurs:

subject to the special needs of the Service which will require the retentionof officers who have special skills or qualifications or who are engaged onspecial assignment which it is not in the interest of the Service to disrupt,those Staff Sergeants with the least seniority in the rank will be the first tobe reduced to the rank of Sergeant.

Constables will be recalled in reverse order subject to having thequalifications to do the tasks required.

When vacancies occur in the rank of Sergeant and Staff Sergeant,members previously demoted in accordance with the provisions of andrespectively shall be returned to their former position and rank when

the vacancy occurs.

A constable selected for recall shall be informed of re-employment by written notice. This notice shall be consideredreceived by the member when mailed, Registered Mail, to the lastknown address of the member as shown on the record of the


45/87

Service. It shall be the responsibility of each member on lay -off tokeep the Service advised of current address. Within tencalendar days after a member receives notice of re -employment,

must advise the Service in writing that accepts re -employment and will be able to commence employment on thedate specified in the notice. Any and all re -employment rightsgranted to a member shall terminate upon such member's failure to

accept the recall within ten calendar days or failure to returnto duty on the date specified.

A member shall retain right to re -employment a lay-off for a period of two years commencing with the effective date of the lay-off.

During the period of lay -off a member on lay -off shall not beentitled to any of the provisions of the Collective Agreementexcept the right to recall as provided above.

For the purposes of the above lay -off and recall provision,

"Seniority" means service in the Service as a police officer.

"Seniority in the rank " means period of service in the specificrank.

If two or more members have the same "seniority" or "seniority in therank " date, the Board shall determine which member or members are theleast senior for the purpose of lay -off or demotion.

These provisions will not bind the Board if the Ontario CivilianCommission on Police Services directs that an officer or officers beretained who would otherwise be released under these provisions. In suchevent officer may be released in accordance with the provisionsfound herein.

(a) A member of the Civilian Branch who is transferred to the UniformBranch will continue to have service with the Civilian Branchcounted on such transfer for the calculation of vacation benefits, sick pay,sick pay gratuities and w

2005 to 2007 tpsb and tpa uniform collective agreement

Documents