Toronto memorandum of settlement, 1986-1992

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Content ,. WITHOUT ~RE~UDICB MEMORANDUM Of SETTLEHEITT . , HBTBOPOLITAN TORONTO POLICE - UNIYQRM The undersigned Bargaining Committ~Gs of the Metropolitan Toronto Police Services Board and the Metropolitan Toronto Police Association hereby .unanimously recol!lllland to their respective principals the following as settlement of all issues necessary to resolve the terms and conditions- of the 1991 Unitorm Collective Agreement: 1. 2. 3. 4. 5. The terms and conditions o! the previous Agreement $hall rel!lain in effect except as expressly modified or amended by this Memorandum and attached Schedules, - ·- The without prejudice stipulation shall re.main until this Memorandum has been ratitied by both parties. The term of . the Agreement shall be January 1, 1991 to Dec6lllber 31, 1991. Unless otherwise stated herein, all amendments are effective upon final ratification. The Mamorandum of Understanding at page 78 of the Collective Agreement de~ling with the M,T.P.A. Bargaining Committee shall be amended by substituting the following for the last sentence thereof: 11 Such active members shall not lose regular pay as a result of attendance at negotiation or mediation meetings and if meetings are - not on a scheduled work day, will receive a lieu time credit equal to one · half the negotiation or mediation meeting time but not exceeding four hours at straight timQ for any such Jneeting. 11 6. Bqard Policy No. 29 re court ·attendance for retirees will be amended by increasing the sum of $50.00 to the sum of $75.00. - 2 - 7. A Me.morandUlll of UnderstandJng will be added to the Collective Agreement in the following form: · HA Committee will be established consisting of two represantatives of the Association and two · representatives of the Board to study the possibility of allowing members to top up no fault insurance baneti ts." ; a. The Memoranduni of Understanding re Dental Plan and -Extended Health Plan will be runended by increasing thQ maxilnmn amount payable.·· p·e;- person for contact lenses; ayQ glass lenses and frames fo; such lenses ·- (recoJmnendad by an optometrist)(to $15_.li:o.during any 24 consecutive months effective the month following the month in which ratification occurs. 9. Amend Article 17.03 of the Collective Agreement as follows: (1) (2) (3) (4) C ,. dalete clause (iii) cf paragraph (a) and replace it with tha following: 11 Seniority shall continue to accrue during a maternity laave. 11 amend ,Paragraph (iv) by dQleting the phrase· 0 or . any extension thereof. u amend paragraph (v) to :read a& follows: 11 A member's anniversary date, for an increment or· for vacation . G.ntitlement; shall not be affQ.Ct<id as a r~sult of any maternity leava.u Add paragraph (d) as follows: 11 (i) Parental leave without pay shall be granted in accordance with Part· XI of the .EmploVInent standards Act or Ontario. (ii) A member's anniversary dat_ e, for an increment or for vacation·antitlelllent, shall not be affected as a result of any parental 1.aave granted · pursuant to this paragraph, nor shall such a parental leave result in any reduoti· on in annual. laave entitlement. (iii) Seni.ority shall continue to accrue during a parental leave granted pursuant to this paragraph." UOTEi This amendment shall also apply to members on matarnity leave as of the data of ratification. 10. 11, 12. 13. 14. 15. ~ , .. - 3 - ;,; To conform to the provisions of° the Police services Act, amend Article 23 by deleting paragraph 23.02 and ra-nmnbering tha ramaining paragraphs of the Article. The Board will provida a letter to the Association, which letter shall not form a ·part of .the Collective Agreement, stating that tha Board will agraQ to rgstore 23. 02 to the Collectiva Agreement' if the ''Police Sarvioes ·Act is runended in such a way as to provide .to tha Board the authority to indemnify ~e!nbers in circwn&tances described in 23.02. Alnand Article 8.04 to provide that those members retiring on or after July 1, 1991 whose combination of years of age and years of credited service is not less than a total of 85 and who quality for early retirement and an unreduced pension under the Benefit Fund or OMERS shall be provided, at the Board's axpensa, full Medi-Pack benefits (including paid up Life Insurance) until tha ~elnber reaches 65 years of age, but in no event for a period in excess of 180 months, Alnend paragraph 7.0l(a) by adding the following as clause (vi): "Following the completion of 35 years. _ of sarv-ice - 7 weeks vacation. 11 Amend .the Mamorandmn of Understanding re Dental Plan and Extended Health Plan by increasing the ~nnual maximum. in paragraph (f} from $1,500.00 to $1,750.00 affactive January 1, 1991. . . .. . Effective January 1, 1991, amend paragraph 6.0l(a) by increasinq thQ maximum reimburQement fro~ $900.00 to $950.00. Amend paragraph 6.02 by rQplacing it with the following: "The clothing expense reimbursmnent to be paid to a member as provided in clause 6.01 above &hall be paid in two instalmants. The first such instalment, covering the period January to June, shall be paid in July. The second instalment, covering the period July.to December, shall be pa1d in January ·of the f ollowing y~ar. 11 16, I 17. 18. 19. ~ .... - 4 - .. .. A Mmnorandu:m o! Understanding shall ba appended to the· Collectiva Agreement in the following form: "The parties agree to create a committee consisting of two representatiVaQ of the Association and two representativae of the Board which shall _att~pt to develop a method to provide, at·no cost to the Board, for the participation in the Force Benefit Plans - Se.mi Fr~vata, Dental and Major Medical - of surv-iving spouses and. dependant children of melllbers · who · die whil·e Slllployed and dapandent children o! retirQQG in receipt of M~di-Pack. Thi& 1 committQQ shall report to the parties by November 1, 1991." Amend paragraph 8.04(f) (i) by replacing it with the following effective July 1, 1991: "The member or his/har surviving spouse·if entitled to under clause (c) (iii) above, shall .be reimbursed by the Board for the premium coat, if any, paid by hi1n/her to obtain provincial/territorial medicare coverage but the · amount of such reimbursemant shall not - exceed _$60~00.p~r month; and". Amend paragraph 5.04(£) by adding to it the following as a third paragraphs nA member electing to remain on aut,y ._p~_ rsuant to this paragraph 1-s ineligibl· e for a callback in · respect of any court appearance which commences within three hours of the ~amber's first scheduled court appearanca that day. 11 The rates sat out in tha Salary Schedule SchGdule "A" - of the Collectivg Agreement shall be amendQd as follows: · · · J'an. l, 1991 July 1, 1991 Constable 4th Clas.s** $33,332 $33,999 4th Class 35,000 3.5,700 3rd Class 40,000 40,800 2nd Class 45,000 45,900 lst Class 50,000 51,000 SergQant· ·-56,750 37,88!5 Staff sergeant 62 , 25 0 63,495 20. 21. 23. 24. ~ , .. 25. - 5 - Amend paragraph 19. 01,,hY- increasing 24 cents per kilometer to 30 cents· per kilometar. Add the fallowing to the List · ·of Board Policies not intended to be covered oy the Colleotiva Agreement: "Upon request, membQrs shall be given a copy of their annual evaluations and a copy of any other pQrformance appraisals that are completed. Copies are to be furnished ·,following ·discuss~on of. the evaluation/appraisal with thQ unit couander /supervisor. 11 Alllend Article 5.04 by adding the following as paragraph (g): HA ~ourt appearanc~ by a member on ~atarnity or parental leave is to be treated as a court appearance on a regularly scheduled day off and the member can elect cash or lieu tilne in respect thereof e~cept where the court appearance is ~adQ during a period in respect of which a suppleJI1entary unemployment benefit applies. In such cases, members shall be craditod with lieu tillla for use following their return to work. I! a mmnbar does not return to . work, .the lieu tilna credit shall be paid out in cash." · Add to tha List .of Board Policies not intanded to be covered by the Collactive Agreement the following: · 11 The BQard will provid..e the Association with a copy of all benafit contracts and policies within three nonths o! a change being ~ade thereto resUlting from negotiations or arbitration and within three months of a change of carrier." Amend Article. 17;02 by. adding the -foll'owing as paragraph (f): 11 In ·t.his ArticlG, the word 1 spouse 1 shall mean t~e person designated by the -member, in accordance with the contract with the inaurar, as his/her,. spouse for purpo&es of .health care benefits . .. SiIIlilarly, for the purposes of this ArticlQ, in-law relationships ~ra to be ~ounded upon spousal relationships as defined in this paragraph." }~end paragraph 17,0l(a) by substituting for it tho !ollowing: "A . member, on application to his/her unit conunande1r, shall be granted up to three days leave o! ~bsence . with full pay ror ... . ·- · ···- · 26. 27, 28. ' ' 29. 30, 31. 32. - 6 leave of absence will ~epresent the day before, the day of and _ thQ day after tha :marriage ceremony. If such leave of absence includes his/her regular days off (which days off shall not be altered) these days will form part o! the leave of abs~ncQ." . . Alnand Article s.o~ by adding the following as paragraph (d): "Members may Qlect to reduoa . . their lieu time balanca to 20 hours or to zero hours ·on ·the last day•o!. Novamber of each year. 11 . . The following to be added as a Memorandum of Understanding: "The parties will ~reate a committee consisting of two representatives of the Association and two repre~entatives of tha Board to discuss and to ~ake recommgndations to the parties concerning those circumstancQs in which tha PolicQ Services Board has a legitilllate interest in :members• ot!-duty conduct." The following to be added as a Memorandum o! Understanding: . 11 For the purposes of uniform ciiscip_line, a member -upon whom a pQnalty o:C 1 forfaiture o! days or hours off' is ilnposed may arrange with his/her unit commander to serve tha penalty by working a regular day off, forteiting lieu tillla; i! available; or !or!eiting annual laave, .· if available. If the member and his/her un"it cora:mander cannot agree on how the penalty is to be served, the unit commander shall dQcide.tt Schedule A to this Memorandum shall be added to the Collective Agraament as a Letter of Understanding between ·the parties. · Bchedule5 Band c ta this Memorandum will be added to the List ot Board Policies. The Housekeeping changes described in Schedule D to ·this Memorandwn ·will ba made to the Coll~ctiva Agraament. T.q.e designation of S_ enior Constable will ba implamGnted in aaoordance with Sc.hQdule E to this MGnrorandu:m. 33. 34. 35. 35. - 7 - ,.·. The obligation of tha Board under clause 12.11(8) (1) (i) $hall be· suspanded and inoperative for the calendar yaar 1991. ~ffactive July 1, 1991, anand article 16.01 by replacing the 11 5%" in paragraph (a) thereof with "6.75% 11 and ·by deleting the last paragraph (which begins with "Effective. January 1, 1990") of paragraph (a); and by delating 11 5%" from :paragraph (b) ; and by _ rep_ l acing the n 6 • 5 % H in paragraph (b) with n5". 75% 11 • Add the following to the list of Board policies: 11 ThQ Board will undQrtake to describQ in the Force's group benetita booklet those Ontario Dental Association F~e Guide codes which are eligible expanses under the current dental plan 2lgre9.lnant. Amend Article. 25.01 and Schadu.le "A" (p.55) by delQting from each the final sentence, i.e.: · ''For thQ purpose of service. Pay, 'Servic'1 means service as a uni!onn member'~" DATED AT TORONTO, THIS (~ DAY OF JOLY, 1991 For the Association: ~~ - 8 - BCRXDULE 11 A 11 MEMORANDUM ON UNIFORM DISCIPLINE A) Pursuant to subsection 59(3) of the Police services ~, th~ Board and thQ Association agree that, for purp9sas of subsect~on 59(1) of the Act, a pe.nalty other than admonition ·may be imposed without a hearing under section 60 of the Act provided that the penalty does not exceed 16 hours forfeiturQ of tine B) off and that the member consents. Where a penalty of more than one day 1 s forfeiture of pay or days off is imposed, it shall be deemed to mean thQ forfeiture of not more than one day•s pay- or day·off in each pay period until the full penalty ha$ been paid. Nothing in this paragraph prevents a member and his/her unit co?mnander from mutually agreeing to a dit!erent schadula o! forfeiture. Where the person ·aonvictQd leaves thQ police fq~ce, the whole amount of the forfeiture of pay than remaining 1nay be · deducte'd from any pay than due. ~ , .. ·· ·-----. 9 .· I - - SCREDULE 11 B 11 BOARD POLICY ON WITH?SSES AT DISCIPLINE RE.>..:RINGS A member chargQd with misconduct pursuant to the Police Services Act~may inform the presiding o!!icer, · in 1-1-riting, of the names o.f· -the mQJllbers cf the Force whom he/she desires to give evidence at thQ hearing and the Chief o! Police shall order those members to bG present at the hearing Gxcept that if tha penalty to be requested is less than dismissal or demotion, the :member charged may name no 'lnore than two :mron.bers of the Forca to bQ brdered to b~ prQ~ent as character witnesses, - 10 - SCHEDULE ucu BOARD POLICY - . OENTAL PLAN RE t I e C, · COPES Where a aa'ntal procedure which wasr' a& of January 1, 1987, an eligible expense under the ·Force 1 s Dental Plan is designated by the Ontario Dent~l Association as an Individual Consideration (I.e.) Code, (and, therefore, an ineligible axpQnse under the ForCQ 1 S Dental Plan), the Board will reimburse a member who has undergone the procedure. The runount of tha rQi.niliursement shall equal ,the lesser of the actual expense to the member or an · runount equal to the result of applying to the most recent Ontario Dental Association Schedule rate for the procedura the annual, general increases to the Ontario Dental · Association Schedule since the year in which the procedure was designated as an I.e. Code. 0 . .. - 11 - : BCREDtJ'LE "D" HOUSEKEEPING IBSUES The parties agre~ that ( a) When dratting the next agreements, the following changes occasioned as - a result ot the police Act having been suparcaded by the ~ol ice· service· s Act, will be lilade: (i) (ii) (iii) (iv) (v) (vi) "Metropolitan Board of Com:missioners of Police 11 will become "Metropolitan Toronto Police Services Board"; name and section reterencas to the police Act will become name and section referQnces to the R:>lice Services Act • . · "Ontario Police - - Commission 11 will· becOJne "Ontario Civilian com.mission on Police Services"; Metropolitan Toronto Police Force complaints Act will becom~- Police services Act, Part VI; . - "Public Complaints Commission" and "Public Complaini;,s commissioner" will bacome "Police Complaints Commissioner"; and. the memorandU!Il on Probationary Con~tables shall ba runended by replacing -"the first . eighteen months of his/her employnient with the Force" with "his/her probationary period as defined in the Police services . A.ct". (b) Redundant ~ffectivg dates ~ill be revised or e~bninated, as agreed: ( c) They wi1•1 endeavour to consolidate and revise the Memornnda of Understanding -and Board Policies to - achieve greate~ clarity and the removal of redundancies and ~nachronisms. - 12 - , • I (d) The Medi-pack provision (Uniform Art. 8:04; civilian - Art. 15.05) and the Central Siok LQave Bank provision (Uniform - Art . . 12:11) will be · redrafted to re1nove redundancia& without, however, etfecting any substantiv~ change other than those descsribQd in paragraphs 11 and 17 ot this memorandum, (e) The parties will ~et up a ·committeQ comprised of an equal nwnber of Association and Board raprQ&entatives - to review all collective ~greemants with a view to establishing as · high a degree of uniformity of contract language as is appropriate. Unanimous recommendations of tha Committee shall be placed before the parties' respectiVQ bargaining committees .in the next following set of negotiation~ !or inclusion as a provision in any settlement (negotiated or arbitrated) arising out o! that· set of negotiations. · 0 SCHEDULE E SENIOR CONSTABLES In order to recognize the . . experience and level of professionalism in the performance,of police duties demonstrated by individual constables in the ·Force, •the Board and the Association agree to implement the designation of Senior Constable. Definitions 1. (a) "Senior Constable Pay" means an amount equal to 1. 5% ( increasing to 2% effective July l, 1991) , .of the 1st Class -Constable rate as it exists from time to time. Such pay forms part of basic salary and shall be · paid bi-weekly. Thus, in calculating o'vertime, call-back pay, vacation pay, sick pay, statutory holiday pay, paid lieu time, sick pay gratuity, pension contributions, etc. and in calculating net pay under Article 13 or Central Sick Leave Bank benefits or entitlements under Article 11, Senior Constable Pay will be taken into account. (b) "commendable annual evaluation" means an evaluation in which the constable scores 65 per cent or more calculated on a maximum of 99 attainable points. Points will be allocated as follows: A Constable will gain: 3 points for categories rated "Excellent" 2 points for categories rated "Very Good" 1 point for categories rated "Good" A Constable will lose: 1/4 point for categories rated "Fair" 1/2 point for categories rated "Poor" Where a constable receives more than one annual evaluation in a year; an average ·score of 65 per cent or more is required in order for that year's evaluation to be found to be "commendable 11 • NOTE: In the event that an evaluation contains a category or categories where the evaluator has "No Basis for Rating", the maximum number of attainable points shall be reduced by 3 for each such category and the annual evaluation (or the average if ·more than one evaluation is done) shall be deemed to · be commendable provided the total points achieved is 65 percent or more o f the total number of po i n t s ( c) "decentralized training examination" means the examination under the decentralized .training system used at the date of the signing hereof, ·the pass mark of.which is 65%. Qualifications 2. Effective January l, 1991, all,lst Class constables who have attained 10 consecutive years of .sworn service with the Metropolitan Toronto Police 'Force on or before December 31,· 1990 shall receive Senior Constable Pay in addition to the salary they are otherwise receiving, provided they have passed their most ·recent decentralized training examination and have ·received a rating which was commendable in each of their two most recent annual evaluations. They shall be deemed to have passed the examination for promotion to Sergeant or' Detective. 3. Effective the date they attain 10 consecutive years of sworn service with the Metropolitan Toronto Police Force, 1st Class constables who attain the said 10 years of service on or after Jan~ary 1, 1991 but on or before December 31, 1991 shall receive Senior Constable Pay in addition to the salary they are otherwise receiving provided they have passed their most recent decentralized training exam and have received a rating which was commendable in each of their two most recent annual evaluations. To remain eligible for Senior Constable Pay, these constables must pass the 1992 examination for promotion to Sergeant or Detective unless they have already passed this examination in 1991 or earlier. 4. Effective the date they attain 10 consecutive .years of sworn service with the Metropolitan Toronto Police Force, 1st Class cons.tables who attain the said 10 years of service on or after Janu~ry 1, 1992 shall receive Senior Constable Pay provided (i) they have passed tbe examination for promotion to Sergeant or_ Detective; and (ii) they have passed their most recent decentralized training examination; and (iii)they have received commendable annual evaluations in respect of the year in which they attain 10 years of service and the next preceding year. · 5. Constables with ten or more consecutive years of sworn service with the · Metropolitan Toronto Police Force who do not initially qualify for Senior Constable Pay by reason of failure to meet any criterion( a) specified for them above, shall qualify immediately upon meeting the criterion(a) in the future.· 6. Constables receiving acting . pay pursuant to Article 5:08 of the uniform agreement and those receiving pay under Article 1 6 : 0 l C = ... !'"' 0 , , ..., .: ~,.. -~ -=, ~ - - - - - - - I - ~ - •• • constables and C.O.Bick instructors) will not receive Senior Constable Pay for the period . for wh~ch a~ting pay was paid or .for the period for which they were in receipt of pay -under Article 16: 01. Continued Eligibility 7. To maintain eligibility for Senior Constable Pay, a constable who has once qualified for Senior Constable Pay shall, in future years, be required to (a) pass the annual decentralized training examination, and (b) attain a commendable annual evaluation. Failure .to -satisfy any one or both of these criteria will result in a constable being declared ineligible for Senior Constable Pay. Wh~n ( s )he next passes the annual decentralized training examination and/or attains a commendable annual evaluation, as the case m~y be, (s)he will again be paid Senior Constable Pay. Senior Constable Evaluation Committee 8. (a) In the event that a constable disagrees with his/her annual evaluation score, or is found not to qualify, or to be ineligible, for Senior Constable Pay ( s )he may .appeal the mai;ter · to the Senior Constable Evaluation Comrnittee,.which is hereby established and which shall be comprised of three members appointed by the Chief of Police and three members appointed by the Association, two of whom shall be Directors of the Association. ( b) The Cammi ttee shall · ·examine the matter before it and shall determine .whether there was a reasonable and proper basis for the decision appealed from. By majority decision, the Cammi ttee may accept or de.ny the appeal. I£ the Committee fails to reach.a majority decision, the positions of the members of the Cammi ttee will be forwarded to the Board and the Board shall decide the matter. In addition, the constabl_ e and/or his/her representative may make written submissions prior to a decision being taken by the Board. Police Services Act Discipline 9 . (a) Where a constable, within the twelve months preceding ~the date (s)he would otherwise qualify for Senior 'Constable Pay, has been convicted of misconduct under the Police Services Act for which the confirmed penalty was the forfeiture of more than 40 hours' pay or leave or suspension without pay for more than 40 hours, his/her eligibility or non-eligibility to receive Senior Constable Pay shall be determined by a ma j ority v ote o f the Senio::- Cor. s t2ble :::v2l u2.tion rr-.r- r- -· --- ---c o t . T\.-...r--- . - ...._.__ ,. ,.. • . . Cammi ttee decides that the constable should be ineligible to receive Senior. Constable Pay, it shall also decide by a majority vote the period of ineligibility but in no case shall such period exceed 1 year. (b) Where a constable who is in receipt of Senior Constable Pay is convicted of misconduct under the Police Services Act for which the confirmed penalty is the forfeiture of more than 40 hours' pay or leave or suspension without pay ·for mo.re than 40 houtt"s, his/her eligibility or non-. eligibility to continue to receive Senior Constable Pay shall be determined by a major.ity vote of the Senior Constable Evaluation Committee. Where the Committee decides that the constable should be ineligible to continue to receive Senior Constable Pay, it shall also decide by a majority vote the period of ineligibility but in no case shall such period exceed 1 year. , , . ( c) If.· the Cammi ttee fails ·to reach a majority decision on a constable's eligibility to receive or to continue to receive Senior Constable Pay or, if the Cammi ttee decides that the constable is ineligible to receive or to continue to receive Senior Constable Pay but cannot reach a majority decision on the period of -ineligibility, the positions of the members of the Cammi ttee will be forwarded to the Board. In addition. , the constable and/or his/her representative may make written submissions to the Board. Based upon the material before it, the Board shall make the determination on the constable I s eligibility to receive or to continue to receive Senior Constable Pay. If the Board decides that the constable is ineligible to receive or to continue to receive Senior Constable·Pay or if the period of ineligibility is the only_ question referred to the Board for determination, it shall specify the period of ineligibility but in no case shall such period exc~ed 1 year . . ( d) Where a 1st Class Constable who would otherwise be eligible for the Seni.or Constable Pay is convicted of misconduct under the Police Services Act and receives a penalty of demotion . to a lower constable rank, the constable shall be ineligible to receive the designation until he/she reattains the rank of 1st Class Constable. C . ..

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