Toronto uniform collective agreement, 1989-1990

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Content UNIFORM COLLECTIVE AGREEMENT BETWEEN THE METROPOLITAN TORONTO BOARD OF COMMISSIONERS OF POLICE AND THE METROPOLITAN TORONTO POLICE ASSOCIATION 5:08 7:01 17:04 10:01 17:02 6:03 1989/90 (mF(HI llGRBBMfNl' Acting Pay Air Conditioning Annual Evaluations Annual Leave Appearance Regulation Association Bargaining Representatives Association/Board Conmittee Association Leave of Absence Association Membership Auxiliary Police Bereaverrent Leave Bill of Rights Boots/Shoes 5:04(a)(l) callback - Off Duty 5:04(a)(2) callback - Days Off 12:11 10:04 6:04 6:01 Central Sick Leave Bank Check-off Chiropractor (Licensed) Cleaning Vouchers Clothing Elcpense Reimbursement PAGE 7 82 80 10 82 78 62 39 19 84 37 86 9 4 4 25 20 66 9 9 21:01 11:04 5:04{e) 5:04{b) 5:04 5:04(d) 5:12 2:01 11:06 9:01 15:07 22:02 5:04{c) 11:04 College Transp:,rtation Allowance Ccmnunicable Diseases - Ccmnittee Comonwealth Police Service - Benefit Fund Comonwealth Police Service - O.M.E.R.S. Conprehensive Medical Insurance Ccnpressed Work Week Accord - Ccmnittee Conpressed Work Week Study Comli.ttee Constable Reclassification Court Appearance - cancelled Court Appearance - Definition Court Atterrlance Court Attendance - Annual Vacation Court Attendance For Retirees Daylight Savings Tine Definitions Dental Insurance Designated Holidays Discipline Dispute Resolution Process &lucation Leave One-Man Patrol cars Excused from First Tour of Duty Extended Health Insurance Extended Leave Facilities Fitness Facilities 44 86 76 68 21 71 & 72 61 59 6 5 4 5 88 8 1 21 & 65 18 35 67 80 44 5 21 81 83 85 15:01 il:02 5:01 19:01 18:01 17:04(a) 17:05 17:07 23:01 7:05(c) 5:05 5:06 11:05 5:0l(d) 3:01 17:01 17:03 11:02 5:13 Grievance Procedure Hearing Aids Hospital and Medical Insurance Hours of Work and Premium Pay Provisions Job Sharing Kilaretre Allowance Lay Off, Transfer, arrl Separations from Force Leave of Absence - Association Office Leave of Absence - Convention Leave of Absence - Military Training Leave of Absence - P.A.O. Legal Indemnification Legal Irrlemnification Retainer Letters of Intent Lieu Tirre - Assignrrent of Vacation Lieu Tirre Off Lieu Tirre Payrrent for excess arrounts Life Insurance Locker Inspection Lunch Period Management Rights Marriage Leave Maternity Leave Medical Ccrmti.ttee Medical and Hospital Insurance Medical Bureau - Attendance While Off D..lty 34 66 20 3 87 43 41 39 40 40 64 45 84 80 13 6 7 21 82 3 2 37 38 & 88 63 20 8 12:13 12:10 8:01 19:01 17:07 17:08 11:02 8:02 11:07 5:03 5:11 5:09 7:05(b) 8:01 16:02 16:01 Medical Certificate Medical Examination Metropolitan Toronto Pension Plan Mileage Military Training - Leave of Absence M::>nitor Atterrling Association ~eting O.H.I.P. O.M.E.R.S. - Pension Orientation Prograin Orthodontic Benefits Overage Dependents Overtime Overtime calculations Paid Up Life Insurance Part-Time Manbers Past Service Pay Cheques - Availability Pay Cheques During Vacation Pensions Pensions - Comonwealth Service, O.M.E.R.S. Pensions - Credited Service, O.M.E.R.S. Personnel Files Pilot Project on Revised Carpressed Work Week Plainclothes Allowance - Injury or Illness Plainclothes and Training Constables Plainclothes and Training Constables - Board Letter 31 23 14 43 40 40 20 14 82 65 21 4 8 88 79 77 7 13 14 68 70 80 74 36 36 83 5:01 4:0l(a) 18:04 18:02(d) 8:04 4:01 1:01 11:04 18:01 25:01 5:10 6:03 14:01 12:12 12:09 Podiatrist (Surgery) Premium Pay PrOllisions and Hours of Work Probationary Constables Probationary Sergeants Prouotional Procedure Psychologist (Licensed) Reassigrurent of Services Performed Recall Reclassification - Constables Regulation C.o:nnittee Resignations Retiree Benefits Retiree - Pension Increases Revised Shift Schedule - C.I.B. Salaries Salaries 1989 arrl 1990 - Schedule "A" Scope of .Agreement Semi-Private Hospital Insurance Separations from Force, Lay Off, arrl Transfer Service Pay Shift Bonus Shoes/Boots Sick Bank Status Sick Pay Gratuity Sick Pay - Other Enploynent Sickness - Notification of Station or Divisicn 66 3 56 2 75 66 43 41 59 83 80 15 88 73 2 54 1 21 41 49 8 9 82 33 30 23 12:07 12:01 20:01 9:01 9:06 9:04 11:03 8:03 26:01 5:02 16:01 18:03(a) 18:01 18:03(b) 19:01 22:01 7:01 7:04 7:05(a) 7:06 7:02 Sickness - Part Day Sickness and Sick Pay Credits Stroking in the Workplace Comrittee Special Service Pay Speech Therapist (Licensed) Statutory Holidays Statutory Holidays - Days off before and after Statutory Holidays - Pay Provisions Supplementary Hospital Insurance Survivor Benefits Term of Agreem:nt Tours of Duty Training Constables and Plainclothes Transfers - Civilian to Uniform Transfers, Lay Off, and Separations fran Force Transfers - Uniform to Civilian Transportation Two Man Patrol Cars Uniform and Fquipnent - Camli.ttee Uniforms and E>q:uipnent Vacation Vacation Benefits - Separation Vacation Draw Vacation Draw - Division of Entitlement Vacation Draw - Seniority Vacation - Reduction, leave without Pay 23 22 85 43 66 18 19 19 20 14 50 3 36 43 41 43 43 44 84 80 10 11 85 13 13 11 7:07 Vacation Re-Scheduling Sick or I.O.D. 13 V.D.T. 's Carmittee 85 Vision care 65 11:01 Welfare and Group Life Insurance 20 11:09 Welfare and Group Life Insurance - Maternity Leave 22 11:08 Welfare arrl Group Life Insurance - Substitution of carriers 22 5:07 Witness Fees 7 13:01 Worker's Compensation 31 Worker's Conpensation - Performance of Duty 81 13:03 Worker's Compensation - Sick Pay Prior to Approval 32 13:01 Worker's Conpensation - Top Up 31 13:04 Worker's Compensation - Undertaking to Reimburse 32 - 1 - THIS llGRF.EME'N.r MADE 'ffiIS 26 DAY OF JmE 1989. '!BE MEiroPOLITAN :ooMD OF COMI$ICNERS OF POLICE hereinafter called •'!BE IDARD• OF '!BE FIRST PART, - and - 'lBE ME'lroPOLITAN TCEOffO POLICE ASSCCIATIOO hereinafter called "'IBE ASSO:IATioo• OF 'lBE SIDN> PART. Whereas the Parties have mutually agreed to enter into and execute this Agreement defining, determining and providing for- remuneration, benefits, pensions and working conditions of the rrembers of the Metropolitan Toronto Police Force coming within the Uniform Branch as set out in Schedule "A" her-eta. Now, therefore, this Agreerrent witnesseth that in consideration of the premises the Board and the Association_ hereby mutually agree and covenant as follows: ARTICLE l - &nPE 1:01 This Agreement shall apply only to those members of the Metropolitan Toronto Police Force as set out in Schedule "A" hereto. ARTICLE 2 - DEFINITICH> 2:01 Except where a contrary intention appears, (a) "Chief of Police" rreans the Chief of Police, from time to time, of the Metropolitan Toronto Police Force. (b) "Force" rreans the Metropolitan Toronto Police Force. (c) "Member" means a pernon holding a rank or classification as set out in Schedule "A" to this Agreement. (d) "Service" or "length of Service" shall include service with the Police Force of an area Municipality as well as with the Metropolitan Toronto Police Force. L 3:01 (a) - 2 - ARTICLE 3 -~ RIGHI'S The Association and its rrembers recognize arrl acknowledge that, subject to the provisions of the Police Act and the Regulations thereto, it is the exclusive function of the Board to: (i ) (ii) (iii) maintain order, discipline and efficiency; discharge, direct, classify, transfer, prarote, dem:,te or susperrl, or otherwise discipline any rrember; hire. ( b) If a rrember claims that the Board has exercised any of the functions outlined in paragraph (a) (ii) in a discriminatory manner or without reasonable cause, then such a claim may be the subject of a grievance under the provisions ·of the grievance procedure outlined in this Agreerrent or dealt with under procedures within the exclusive jurisdiction of the Ontario Police Comnission, as prescribed by The Police Act. (c) 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 Agreemant or The Police Act of Ontario and the Regulations thereto. 3:02 Nothing in this Agreerrent shall be construed as irrposing any personal liability upon an irrlividual who, from tine to tine, is a rrember of the Board. ARTICLE 4 - SAIARIES 4:01 Subject to the exceptions set out bel<M, the salary to be paid to each rrember shall be in accordance with the rat~ of pay for each rank as set forth in Schedule "A" annexed hereto and forming part of this Agreemant, such salaries being in accordance with the differentials set out in the said schedule. (a) A rrember prom::>ted to the rank of Sergeant shall serve a probationary period of one year from the date of such appointrrent. 5:01 (a) - 3 - ARTICLE 5 - ID.1RS CF IUUC AW PREMitM PAY PIOIISI<Hi A regular tour of duty shall consist of eight consecutive hours of work. Where a rrember on such regular tour of duty is required by his/her supervisory officer to terminate his/her tour of duty before the canpletion of eight hours he/she shall receive no less than eight hours of pay for such tour. (bl F.ach rrember shall report for duty at least fifteen minutes prior to the comrenceroont of his/her tour of duty, which tirre shall not be included in cacputing the duration of such period. (c ) F.ach rrember's normal week shall consist of five tours of duty and two days off which shall, subject to the requirerrents of the service, (which said requirerrents shall be subject to question in any grievance procedure) be consecutive. (d) F.ach rrember shall be assigned a lunch period to comrence after the canpletion of two arrl one-half hours of duty arrl be carpleted before the carpletion of six hours of duty. When the requirerrents of the service do not permit the taking of an assigned lunch period the member arrl his/her supervisory officer may agree upon sore other period during the said tour or the rrember shall be credited with one hour at straight tirre. (e) Where the requirerrents of the service only permit a rrember to take one-half hour or less for lunch, the rrember shall be credited with one-half hour at straight tirre. ( f) A rrember who i s granted permission to be excused fran duty in accordance with the lieu tirre provisions of the Agreerent after having caipleted four hours of duty shall have lieu tirre debited for four hours and shall be credited with one hour at straight tirre for the lunch hour not taken. 5:02 Subject to the requirerrents of the service, in the discretion of the Olief of Police: (a) The normal tours of duty will be as follows: First Tour Secorrl Tour Third Tour 12:01 a.m. - 8:00 a.m. 8:00 a.m. - 4:00 p.m. 4:00 p.m. - 12:00 midnight, provided that the Olief of Police shall continue to have the right to change the starting tirre of a tour of duty. - 4 - (b) A rrember assigned to rotating shifts shall regularly rotate frcxn one shift to another so that an equal airount of tine will be spent by a rrember on each shift, providing, however, that by mutual agreerrent between a rrember and the Officer in Olarge of his/her Unit of ccmnand, a rrember may spend rrore tine on one shift than any other. 5: 03 When a rreJT1.ber is required to be on duty one-quarter hour or rore in excess of such rrember's daily tour of duty, such rrenber shall receive lieu time as provided in clause 5: 05, or pay calculated at the rate of one and one-half tines the rrember' s rate of pay for tine worked in excess of such daily tour. 5:04 (a) For the purpose of this Clause "callback" is defined as the callback of a rrember after he/she has reported off duty and before his/her next follo.ring tour of duty, and shall include the attendance of a rrenber: (1) (2) (i) at courts during his/her off duty hours including lieu time hours or (ii) on an overtime assigrm-ent separated by time off from his/her regular tour. Such IT'ef!'.ber shall be granted lieu tine, as provided in clause 5:05, or pay calculated at the rate of one and one-half times the rrember's rate of pay for all hours of duty in such callback with a minimum of 3 hours pay or time off in lieu thereof at the tirre and one-half rate for each such callback. (i) at courts during his/her regularly scheduled days off or (ii) performing duty on regularly scheduled days off. Such rrember shall be granted lieu tirre, as provided in clause 5:05, or pay calculated at the rate of one and one-half tines the rrember's rate of pay for all hours of duty in such callback with a minirrum of 4 hours pay or ti1re off in lieu thereof at the tirre and one-half rate for each such callback. - 5 - (b) An appearance under subµ:iena at a Workers' Compensation Board Hearing, Criminal Injury Canpensation Board Hearing, Public Inquiries Act Hearing and Coroner's Inquest, or at an administrative tribunal hearing where the testirrony he/she is required to give relates to the performance by the rrenber of his/her duties as a police officer but such administrative tribunal shall not include any arbitration under this Agreerrent or the Police Act or any disciplinary hearing or any Public Corrplaints Act hearing shall be deerred to be an appearance at Court. WI'E: '.lhere is no intent in paragraph (b) above to alter the compensation practises of officers atterrling disciplinary hearings or Public Carplaints Act hearings. (c) With the consent of the Qlief of Police arrl by the mutual consent of the member and his/her Unit Camlander, a rrember may be excused fran duty on the first tour of duty when he/ she has been required to make two or rrore appearances in Court .irrrrediately preceding the first tour of duty. (d) (i) (ii) (iii) (iv) A member who is required to atterrl court during his/her vacation shall be granted two days off for each day or part thereof spent in Court. If such appearance is outside of Metropolitan Toronto this clause will only apply if the member has notified his/her Unit Camander as soon as possible after being made aware of such required court atterrlance. In addition, when the member must travel to court from a place other than his/her normal place of residence, on a day other than the day of court attendance, he/ she shall be granted equivalent time off to a maximum of eight hours for each day spent travelling. The member shall be reimbursed for any reasonable travelli'.¥ expenses, except where the trip is made to or from tile normal place of residence. The provision of this clause shall not apply where a member by agreerrent with his/her Unit Camlarrler has elected to amerrl his/her vacation period after he/she has been notified that he/she was scheduled for court attendance during the new vacation period. Effective April 10, 1989 (iv) The provision 1 of this clause shall not apply where a member schedules his/her vacation or by agreerrent with his/her Unit Carmander arrends his/her vacation period after the member is aware that he/she will or may be required to atteoo court during such period. - 6 - Such court appearance will be deeired to be an appearance at court during his/her regular days off. Hc:Mever, if in scheduling the initial vacation a rrember cannot select a one ~ek period during which he/she has no court appearance during the months of June, July or August, provided the rrember has enough seniority to so select, the provisions of this clause will still apply. ( e) In the event that a scheduled court appearance is cancelled after 2300 hours of the day preceding the scheduled court appearance the officer shall be entitled to one-half of the callback allowance that ~uld otherwise be payable. Effective April 10, 1989, a rrember who is not· notified of the cancellation of his/her scheduled court appearance and who attends at his/her unit i.rrm:rliately prior to the court appearance or at court shall be entitiled to the apprq>riate court atterrlance allowance under this section 5:04. (f) Effective April 10, 1989, in lieu of the provisions of Article 5:04(a) a rrember with a scheduled court appearance within 4 hours of the coapletion of his/her tour of duty, may elect to remain on duty during such interim period arrl shall be entitled in respect of the court appearance and interim period (if any) between the court appearance arrl the tour of duty to payment in accordance with the overtirre provisions of Clause 5: 03. A rrember making such election must advise the officer in charge of his/her election prior to the camencaoont of his/her tour of duty. 5:05 A rrember may elect lieu tine instead of payrrent for overtirre, including callbacks, in accordance with the following procedure: (a) Upon carpletion of such overtime ~rk~ by a irernber, such rrenber shall irrlicate to his/her Officer in Olarge whether the rrember elects to be paid for such overtime or to take tine off in lieu thereof . 'lll.e Officer in Charge shall enter the rrember's election in the records provided therefor. (b) Periods of overtime for which a rrember elects to be paid shall be accumulated for one calendar rronth and the total so accumulated shall be paid for during the next folloong caleooar rronth. ( c) Periods of overtime which the irernber has elected to take as lieu time off shall be allc:Med to accumulate, arrl for every one hour of lieu tirre so accumulated , the nent:>er shall be entitled to take one aoo one-half hours off, provided that such time must be taken at a tirre agreed upon between the rrember and the Unit Carrnander. Lieu time may be taken as part of a day or a whole day. 5:06 (a) - 7 - All lieu time shall be recorded in the rrember ' s lieu time register. '!be Parties agree that lieu time should be used as soon as practicable after the time is accumulated. Lieu time to the cre:lit of any member which exceeds eighty hours of accurrulation on the last day of the rronth of February, May or August shall be paid on the pay day nearest the end of the follCMing rronth, or which exceeds forty hours on the last day of tovember, shall be paid for before the eoo of the follCMing rronth. For the purpose of this clause, lieu time includes all time accumulated uooer clause 5:01 for lunch hours worked, clause 5: 05 for overtime and callbacks, aoo clause 9: 04 for Statutory Holidays worked. (b) A rrember w i th the concurrence of his/her Unit Corrnander rray request in writing by November 1st that he/she retain eighty hours in the lieu time bank at the end of lt>vember of any year provided that the excess of forty hours will be utilized prior to the errl of February of the next year. Such request setti ng out when the excess hours are to be utilized must be approved by the Cllief Administrative Officer whose determination will be rrade by lt>vember 15th. 5:07 All witness fees, exclusive of transportation allCMance, received by any rrember attending, either on or off duty, any court shall be forfeited to the Treasurer of the Municipality of Metropolitan Toronto where such rrember is entitled to payirent frcxn the Board for such court appearance . 5:08 A member who is assigned to perfonn all the regular duties of a higher rank for a temporary period of not less than one full tour of duty in each assignrrent, shall receive salary at the lowest rate of such hi gher rank for the entire period he/she is so assigned. A rrember who is authorized to work through the lunch hour and to leave an hour before the normal eoo of duty is nevertheless entitled to the higher rate. 5:09 (a) Pay cheques shall be rcade available to all rrembers in all units not later than 7:00 a.m. on pay day. ( b) ~ver, effective as soon as adininistrati vel y possible, for rrembers hired after July 1, 1989 and for other rrembers who so elect, ccxrpensation shall be paid by rreans of an electronic bank deposit to a financial institution of the rrembers' choice provided the institution is a nanber of the canadian Payirent Association. (c) Pay stubs for members on electronic bank deposit shall be rcade availabl e to all rrenbers in all units not later than 7:00 A.M. on payday. - 8 - 5:10 A member shall receive: (a) An additional allCWcmce of ten (effective June 20, 1989, fifteen) cents per hour for all hours worked duri ng a shift which CCX1T1Ences after 10:00 a.m. and at or before 6:00 p.m. (b) An additional allo,1ance of twenty (ef fective June 20, 1989 thirty) cents per hour for all hours worked during a shift which camences after 6:00 p.m. on one day am at or before 4:30 a.m. on the following day . (c) The payrrent of any shift premium shall be in addition to any overtirre payment entitlerrent, but it shall not be included for the purpose of calculating overtirre pay. 5:11 For the purpose of calculating overtime and callback payrrents or lieu tirre, such calculations shall be taken to the nearest half hour, i .e. 'l'irre Worked 0 - 14 15 - 44 45 - 1 hour 14 Minutes - etc. Time Credited (At appropriate rate) N i l 30 Minutes 1 hour 5:12 N:J deduction will be made from pay and no overtime payment will be made for the short tour worked or t.he additional hour worked as a result of the changeover to Daylight Saving frar. Standard Time, and vice versa. 5: 13 imere a rrember who is not absent fran work for sickness or otherwise is ordered to attend the Medical Bureau outside his/her scheduled duty hours, the nember, ( i) if his/her attendance imrediately precedes or irrna:iiately follows his/her scheduled duty hours, shall be paid at tiire and one-half for the tirre of his/her attendance (including any necessary travel time outside his/her scheduled duty hours to and _ fran his/her regular place of work); or (ii) Otherwise, shall be paid three hours at tirre and one half his/her straight time hourly rate or tirre off in lieu thereof. For the purpose of this clause a trember scheduled to work the day of attendance at the Medical Bureau is not ab.sent fran work· for sickness or otherwise during such day. 6:01 (a) - 9 - On the sul::rnission of appropriate receipts for clothing required for the performance of his/her duty, each rrember who is required to perfonn Police duties in plainclothes shall be reimbursed for such expenditure not to exceed $845.00 (effective January 1, 1990 $900.00) per annum i f he/she performs such duties for a full calendar year and shall be issued vouchers for the cleaning of plainclothes. If he/she perfonns such duties for less than a calendar year but for thirty (30) days or rrore in that year, he/she shall receive a proportionate part of the aforesaid reimburserrent in the sarre ratio that his/her time so spent bears to the calendar year. (b) A rrember who purchases plainclothes for an arrount greater than that which he/she can claim in a calendar year may carry over the balance and claim it in the next succeeding calendar year provided the total arrount in the succeeding calerrlar year does not exceed the annual maximum allowed for that year. 6:02 The clothing expense reimburserrent to be paid t o a rrember as provided in Clause 6:01 above shall be paid in two i nstalments during the months of June and December in each year. 6:03 Pach rrember who is not in receipt of a clothing expense reimburserrent shall be issued t....o pairs of either boots or shoes which shall be replaced by the Board when necessary. The issuance of either boots or shoes shall be in accordance with the determination of the rrember ' s superior officer as to what is adequate or required by the particular duty of the rrember. 6:04 Pach rrember who is not in receipt of a clothing expense reimburserrent sha 1 be issued vouchers for the cleaning of his/her unifonn in accordance with clause 6: 05 and at such tirres as are warranted by extraordinary wear arrl tear, occasioned in the line of duty. 6:05 'Thirty cleaning vouchers will be issued quarterly for the purpose provided in clause 6:01 and 6:04 above. These vouchers may be redeemed as follows: 7:01 (a) - 10 - Article of Clothing Tunics or Jackets Trousers Vouchers Required 1 1 Riding Breeches 1 Shirts (2 for 1 voucher) Blouses (2 for 1 voucher) Ties (2 for 1 voucher) Long Riding Coat 1 1 1 3 Top Coats 2 Dress 2 Skirt 1 Sweater l Suit (2 piece) Suit (3 piece) Unifonn Reefers 2 3 2 ARTIC£E 7 - VACATl<Hi A netlber shal l be eligible for vacation on the following basis: (i) (ii) (iii) (iv) (v) following the completion of one year of service - 2 weeks vacation; following the completion of three years of service - 3 weeks vacation; following the completion of nine years of service - 4 weeks vacation; following the completion of sixteen years of service - 5 weeks vacation; following the carrpletion of twenty-four years of service - 6 weeks vacation. (For the 1990 vacation year, following the completion of 22 years of service.) ( b) A 1rember who is qualified for two weeks vacation enti tlerrent under clause 7:01 (a) (i) shall thereafter as of January 1st of each year be entitled to receive vacation for which he/she will be eligible during the year provided that i n any year such rrember ceases enployrrent with the Force prior to his/her anniversary date (other than by retirement on pension) his/her vacation pay will be readjusted on the basis of the arrount of tirre employed in the t~ve rronths prior to such anniversary date in accordance with clause 7:04. - 11 - 7:02 For the purpose of determining entitlerrent in clause 7:01, absence without pay in excess of forty work days in a calerrlar year shall reduce the vacation entitlerrent. The entitlerrent will be the result of a fraction of the days paid over the normal work days in a calerrlar year tires the vacation entitlerrent provided in clause 7:01 rourrled to the nearest full day. 7:03 The vacation pay provisions of this article shall be no less than the vacation pay provisions of the Ehl:>loyment Starrlards Act of Ontario. For the purpose of this Clause the vacation payirent provisions of the Ehl:>loyment Starrlards Act shall be calculated on a calerrlar year basis. 7:04 (a) Where a member leaves the Force after his/her anniversary date in that calendar year and prior to receiving his/her vacation entitlerrent, such member shall be given vacation pay on account of such service in accordance with clause 7:01. (b) Where a rrember leaves the Force prior to his/her anniversary date, such member shall be entitled to receive vacation pay for the period of service between his/her previous anniversary date arrl the date employirent ceases on the follo,,,ing basis: (i) (ii) (iii) (iv) (v ) (vi) If less than one year's service on date of leavi ng, one day's pay for each canpleted 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 calerrlar day period of service. If entitled to three weeks vacation on the previous anniversary date, one day's pay for each completed twenty-four calendar day period of service. If enti tled to four weeks vacation on the previous anniversary date, one day's pay for each cacpleted 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 carpleted twelve calendar day period of service. (c) If a member dies prior to his/her anniversary date, such member shall have paid to his/her estate an anount equivalent to the apprcpriate pro rata entitlerrent urrler (i), (ii), (iii), (iv), (v) or (vi) above. - 12 - (d} "Any arrount of vacation overpayrrent shall be deducted from any rronies owing to the rrember or his/her estate. (e} A nanber who retires on pension shall, in the calendar year in which he/she retires, be entitled t o the vacation benefits set out below in l ieu of the provisions of 7:04 (a} aro (b} above: (i) The vacation benefit to which his/her years of service entitle hirrvher according to the schedule set out in clause 7:01 (a}, and for that purpose his/her years of service shall be calculated to his/her anniversary date in the year of his/her retirement regardless of whether he/she retires before or after the anniversary date; (ii } In addition to the vacation benefit specified in sub- clause (i} above, a vacation accrual based on the pro rata formula set out in clause 7:04 (b}, provided, however, t hat such accrual shall be calculated from January 1st of his/her retirerrent year to the date of his/ner retirerrent. The benefits provided in (i) and (ii} above shall be gra."lted as pay or tin-e off at the discretion of the Chief of Police. (f) A rrember who leaves the Force and who crnrrenced errployrrent with the Force as a Uniform rreinber during the period June 7, 1976 to Decen1ber 31, 1978 inclusive shall be entitled to the greater of the vacation tennination benefits set out above or, (il The vacation benefit to which his/her years of service entitle hi~/her according to the schedule set out in Clause 7:01 (a}, a.'1d for that purpose his/ner years of service shall be calculated to his/her anniversary date in the year of his/her retirerrent regardless of whether he/she leaves before or after the anniversary date. However, '.I/hen a rrember tenninates before his/her anniversary date, such calculation shall not apply for the purpose of entitling the rrember to an additional week of vacation for the year of his/her retirerrent. (ii) In addi~ion to the vacation benefits specified in Sub- clause (i) above, a vacation accrual based on the pro rata formula set out in clause 7:04 (b}, provided, however, that such accrual shall be calculated from January 1st of the year in which he/she is tenninating to the date of his/her tennination . 7:05 (a) - 13 - A rrember shall be permitted to divide his/her vacation entitlerrent into one week periods provided each such period shall be considered a vacation draw. When a rrember elects to divide his/her leave into rrore than one period arrl selects a pericx:i during the ironth of January or February, one such period shall be recorded as the rrember' s second draw. (bl A rrember shall, prior to the carrrencerrent of any vacation period, receive the pay cheque or cheques which would be due to him/her on the normal pay days occurring within any such vacation period, providing that such vacation period is of at least one week's duration. (c) A rrember who at the tine of his/her vacation draw is assigned to a function where the opl_X)rtunity to accumulate lieu tin-e is restricted arrl who is eligible for three or rrore weeks of vacation may elect to assign one week of vacation eligibility to lieu tine, which tine shall be utilized in accordance with the lieu tirre clauses of the Agreerrent. 7:06 Vacations shall be taken by rrembers in each rank in order of seniority based on the total length of service. 7:07 (a) A rrember who is hospitalized or confined to his/her residence as a result of an illness or injury (other than one occasioned by or as a result of his/her duty, as provided under Article 13 hereof) , at the titre of ccmrencerrent of his/her scheduled vacation shall have his/her vacation re-scheduled, provided the vacation as re-scheduled is taken before March 31st, of the next calendar year. (bl If a rrember does not return from his/her sick leave prior to the said period, the sick leave will be interrupted 1.n order that the vacation may be CClll)leted before the aforesaid March 31st. - 14 - ARTICIB 8 - Pm6I<H, 8:01 Each member who joined the Force prior to July 1, 1968, shall be entitled, on his/her retirerrent, or his/her dependents on his/her death, to the benefits as set forth in By-law No. 181-81 of the Municipality of Metropolitan Toronto, as arrended, being a By-law to provide pensions and death benefits to members of the Metropolitan Toronto Police Force. 8:02 Each member who joined the Force on or after July 1, 1968, shall be entitled, on his/her retirerrent, or his/her dependents on his/her death, to the basic benefits for normal retirerrent at age 60 set forth in the Ontario Municipal Errq;,loyees Retireirent System plus the following additional benefits: (a) An earned pension without actuarial reduction upon carpletion of thirty years of service as a Police Officer: or (b) An earned pension without actuarial reduction if he/she is declared by the Board to be unable to perform the duties of his/her enployment due to rrental or physical incapacity within ten years of nornal retirerrent age. (c) 'Ihe regular contribution for the provision (a) and (bl above is to be rret equally by the irember and the Board. 8: 03 'Ihe Board has placed One Hundred Thousand Dollars in a fund to be administered by the Trustees of the Metropolitan Toronto Police Benefit Fund as set out in the Memorandum of Understanding dated May 12, 1977. The Trustees will continue to detennine the rules and regulations of the Furrl, but the objectives will be to provide a supplerrent to existing governrrental payments (C.P.P., W.C.B.) and pension plan payments (O.M.E.R.S., Metropolitan Toronto Police Benefit Fund, Metropolitan Toronto Pension Plan) due to such dependents on the member's death, so that the disposable after tax incare of the surviving dependents will be approximately one hurrlred percent of the disposable after tax incare of the deceased rrenber, based on the salary for the deceased member at the tirre the payirents are made. For this purpose salary shall include the premium costs of the Ontario Health Insurance Plan (O.H.I.P.), the Semi-Private and Canprehensive Medical Plans and the Dental Plan. 'Ihe Trustees will continue to have the right to adjust the arrount depending on the circumstances of the irrli vidual case from tirre to tirre. 'Ihe adequacy of the Furrl will be reviewe:i from tirre to tirre. 8:04 (a) - 15 - 'Il1e coverage under this clause shall only be furnished provided: (i) (ii) (iii) (iv) such coverage is not provided at the retired rrernber's or retired rrernber's spouse's place of errployrrent; subject to clause 8. 04 ( f) the retired rrernber resides in Ontario; ninety ( 90) days prior to the ccxnrenceirent of the benefit the rrernber must make written application to the Board for these benefits; and these benefits do not apply to dependents other than spouse. (b) For 1rembers retiring under the Benefit Furrl after January 1, 1986 with thirty (30) or rrore years of service or with twenty five (25) or rrore years but less than thirty (30) years of service arrl whose years of service arrl years of retirement total thirty ( 30) , the Board shall pay between the date of retireirent or entitlerrent, whichever is later, arrl the date the retiree attains sixty-five (65) years of age the premilllll.5 for: (c) (i) the Ontario Health Insurance Plan (O.H.I.P.), clause ll:02; and (ii) canprehensive naiical insurance plan, clause 11:04. (i) For irembers retiring on or after January 1, 1987 under the Benefit Furrl with thirty (30) or rrore years of service, or under the Benefit Furrl with 25 or rrore years of service but less than 30 years of service arrl whose years of service arrl years of retiresrent total 30 or under the CMERS Plan with thirty or rrore years of service the Board shall pay between the date of retirerrent or entitlerrent, whichever is later, arrl the date the retiree attains sixty-five (65) years of age the premilllll.5 for: (A) the Ontario Health Insurance Plan (O.H. I.P.), Clause 11:02; arrl (B) carprehensive naiical insurance plan, Clause 11:04; - 16 - (ii) ~mbers covered by (c) (i): (iii) (A) 11\3.Y elect (irrevocable for a specified term) to be covered for semi-private insurance (clause ll:03) and/or basic dental services by paying the required preiniurn at the retiree group rate for such coverage; and (B) will be provided by the Board with a $5,000 paid up life insurance policy (any existing life insurance provided by the Board and continued after retirerrent shall be reduced by such $5,000). With respect to benefits under (c)(i) and (c)(ii) (A) above, if the retiree member dies, his/her surviving spouse will be eligible for such benefits until the earlier of (A) such surviving spouse attaining age 65, or (B) the benefits to the retiree arrl surviving spouse have been paid for a total of 10 years. Effective April 1, 1989 (iii) With respect to benefits under (c) (i) and (c) (ii) (A) above, if the retiree rrember dies or receives such benefits until age 65 and dies thereafter, his/her surviving spouse will be eligible for such benefits until the earlier of (A) such surviving spouse attaining age 65, or (B) the benefits to the retiree and surviving spouse have been paid for a total of 10 years." (d) The benefits described in clause 8:04 (c) (i), (ii) and (iii) shall apply to rrembers retiring on or after March 19, 1988 except that for those retiring on or after March 19, 1988 under the Benefit Furrl or CMERS Plan with 30 or rrore years of credited service, clause 8:04 (c) (ii) (A) is superseded by the following: For rrembers retiring on or after March 19, 1988 urrler the Benefit Furrl or CMERS Plan with 30 or rrore years of credited service, the Board shall pay between the date of retirerrent or entitlenent, whichever is later, arrl the date the retiree attains 65 years of age, (i) (ii) (iii) - 17 - In the case of a rrember with no less than 30 years of credited service and no less than 55 years of age at the date of retirement, 100% of the cost of the premiums for semi-private ( 11: 0 3) and dental ( 11: 06) benefits and, In the case of a rrember with no less than 30 years of credited service and no less than 50 years of age at the date of retirement, 75% of the cost of the premiwns for semi-private (11:03) and dental (11:06) benefits (the balance being paid by the rrember). For rrembers retiring on or after April 1, 1989, who qualify for early retirercent and an unreduced pension under the Benefit Fund or a-1ERS Plan and ( I ) who have no less than 30 years of credited service or (II) whose canbination of years of age and years of credited service is not less than a total of 85 or (III) who are on disability pension, the Board shall pay 100% of the cost of premiums for semi private (11:03) and dental benefits (11:06) until the rrember reaches 65 years of age, but in no event to exceed a period of 180 rronths for those to whom (I) and (II) above apply. (e) Effective for rrembers retiring on or after January 1, 1989, and notwithstanding 8:04(a) (iv), the semi-private, conprehensive rredical and dental insurance coverage will be extended to an invalid dependent child of the rrember (as defined in the applicable insurance contract) provided that: (i) 'Ihe rrember (or s_pJuse) rerrains covered under the terms of 8:04 and (ii) such benefits are not available to the dependent child from another source without cost to the rrember. (fl Effective April 1, 1989, for retired members or their surviving spouses if entitled under Clause (c) (iii) above, who reside outside Ontario but elsewhere in canada (or who, having retired in Ontario, subsequently rrove their residence outside Ontario but elsewhere in canada) the following shall apply: (i) 'Ihe rrember or his/her surviving spouse if entitled to urrler Clause (c)(iii) above, shall be reunbursed by the Board for the premium cost, if any, paid by him/her to obtain provincial/territorial 1redicare coverage but the arrount of such reimburseirent shall 9:01 - 18 - not exceed the arrount of the premium which ....uuld have been paid to obtai n equivalent OHIP coverage had the mernber resided in Ontario; and (ii) In respect of all insurance coverages under clause 8:04, other than OHIP, the rrember shall be entitled to the benefits thereof only to the extent that equivalent benefits thereunder are not available to the retiree or his/her surviving spouse if entitled under Clause (c) (iii) above, under the provincial/territorial roodicare plan in the province/territory in which the retiree or his/her spouse resides. (g) Effective April 1, 1989, upon termination of a period of ineligibility resulting from the fact that some or all of the coverage is provided at a retired rrernber's or retired rrember's spouse' s place of employrrent, the retired irember may apply or re-apply for all or the remainder of the benefits under this clause 8:04, to which he/she is entitled. ARI'ICLE 9 - STA'lUlmY IDLIDI\YS Every mernber shall be entitled to the folla,,,,ing statutory holidays: (a) New Year's Day, GcxXl Friday, Easter Monday, Victoria Day, Dcminion Day, Ci vie Holiday, Labour Day, Thanksgiving Day, 01ristrras Day, and Boxing Day. (b) In addition to the holidays provided in (a) above, every ~ember who has ccxnpleted six rronths service on June 1st of any year shall, on that date, have credited to his/her lieu tire bank one day's credit at straight tine (i.e. eight hours) and every rrember who has canpleted six rronths service on October 1st of any year shall, on that date, have credited to his/her lieu bank one day's credit at straight tire s~nilarly calculated, such tine in each case to be used in accordance with the lieu tine provisions of the .Agreerrent. (c) A member, to qualify for payrrent of a holiday in (a) arrl. (b) above, must be in receipt of sorre salary including sick pay under clause 12: 06 in respect to the t....u clear calendar rronths ircrrediatel y preceding such holiday. - 19 - 9: 02 When any of the above holidays falls on a Saturday or Sunday, the Friday preceding or the ?vbrrlay succeeding such holiday shall be designated by the Board as the day of observance of such holiday, and it is agreed that any premium payable for working on such designated holiday shall not apply to such Saturday or Sunday. 9: 03 F.ach rrernber who is not required to work on a day so designated as a holiday shall be entitled to arrl shall be paid by the Board his/her regular rate of pay for each designated holiday not so worked. 9:04 When a rrember is required to be on duty on a Statutory Holiday or on a day designated for the observance of a Statutory Holiday, he/she shall be entitled to receive a day' s pay in lieu of the Statutory Holiday and in addition he/she shall be granted lieu ti.rre as provided in clause 5: 05 or pay calculated at the rate of one arrl one-half tines the rrernber's rate of pay for all hours worked on such day. 9:05 Provided that a rrernber who is entitled to overti.rre pay or ti.rre off in lieu thereof, as a result of working overtirre in the sane week he/she has been assigned to work on a Statutory Holiday, shall be entitled to receive both the payrrents or ti.rre off in lieu as provided in clause 9:04, arrl the payrrents or ti.rre off in lieu for overti.rre as provided in Article 5 of the Agreement, whether the overtime has been caused by <tKJrking on the Statutory Holiday or otherwise 9:06 subject to the requirerrents of the service, when scheduling members for duty on a Statutory Holiday preference shall be given to those 1rembers required to be on duty both the day before and the day after such holiday. 10: 01 A rrernber who was not a member of the Association on June 30, 1969, shall not be obliged to pay the prescribed dues to the Association as a corrlition of employrrent. 10:02 A rrember who was a rrember of the Association on June 30, 1969, shall be obliged to pay the prescribed dues to the Association as a condition of employrrent but shall not be obliged to pay any assesSTients levied by the Association on any of its members which may be in excess of the prescribed dues unless he/she renains as a rrernber of the Association. 10:03 A rrember who joined the Force on or after July 1, 1969, shall be obliged to pay the prescribed dues to the Association as a condition of employrrent but shall not be obliged to pay any assessrrents levied by the Association on any of its rrernbers which may be in excess of the prescribed dues unless he/she becorres a rrernber of the Association. - 20 - 10: 04 The Board will deduct fran the regular pay of each rrernber of the Association such dues arrl assessrrents as the Association may, fran ti.rre to ti.rre, levy in accordance with the By-laws of the Association arrl continue to make such deductions until this Agreement is tenninated or the mamber ceases to be a rrernber of the Association, whichever occurs first. 10:05 The Board will deduct fran the regular pay of each rrernber who is not a rrernber of the Association, but to whan clause 10:02 or 10:03 of this Article apply, such dues as the Association may, fran ti.rre to tirre, levy in accordance with the By-laws of the Association. 10:06 Within a reasonable tirre after the making of each such deduction, pay the sum so deducted to the Association. 10:07 'lhe actual costs to the Board, fran tirre to ti.rre, during the currency of this Agreement of carrying out such arrangerrents shall be paid by the Association to the said Board upon receipt of accounts theref or fran the Board. 11:01 A mamber shall be entitled to the benefits of this Article 11 ll:02 ll:03 (a) fran the first of the rronth next follo..,ing the rronth in which six rronths of errployrrent have been canpleted; ( b) until the end of the rronth in which employrrent tenninates in the case of OHIP arrl Supplerrentary Hospital coverage, arrl until the errl of the rronth next follo..,ing the end of the rronth in which a rrernber's errployrrent tenninates in all other cases. The Board shall pay one hundred percent of the Single Premium or the Family Premium, as the case may be, for any such mamber who is eligible for arrl entitled to receive insured services under the Ontario Health Insurance Plan, established pursuant to the Health Services Insurance Act arrl with respect to whcxn the Board is required to remit a premium pursuant to the provisions of such Act. (a) The Board shall continue to contract with an insurance carrier for the purpose of supplerrenting the insured services referred to in clause ll:02 by providing accorrm:xlation at the semi private ward level for any rrernber to whan such clause is applicable arrl the Board shall pay one hundred percent of the Single Premium or the Family Premium, as the case may be, for such plan. - 21 - (b) A rrember, at his/her option, may be covered by the provisions of this clause during his/her first six rronths of errployrrent, provided such rrember pays the required premiums. ll:04 The Board shall continue to contract with an insurance carrier to provide a ccrcprehensi ve rredical insurance plan with a $10. 00/$20. 00, deductible provision and the Board shall pay one hundred percent of the Single Premium or the Family Premium, as the case may be, for such plan. ll:05 ll:06 (a) The Board shall provide every rrember, by contract with an insurer licensed under the Insurance Act of Ontario and selected by the Board, with group life insurance in an airount equal to two tirces the annual salary of each rrember, for the rrember' s rank in effect at the tirce of death, such airount of insurance to be rounded to the nearest $1,000.00. (b) The Board shall provide every rrember with the normal provisions relating to coverage for accidental death and disrremberrcent coverage. (c) The Board shall pay one hundred percent of the premium for such group life insurance arrl accidental death and disrremberrcent coverage. (a) '!he Board shall continue to contract with an insurance carrier to provide a dental plan providing for the payrrent of benefits as set out in a dental plan agreenent signed by the Parties. The plan shall provide for the dental procedures to be paid in accordance with the Ontario Fee Guide for Dental Practitioners in effect at the tirce the service is rendered. (b) The Board shall pay one hundred percent of the Single Premium or the Family Premium, as the case may be, for such plan. (c) The plan shall be mandatory for every eligible rrember. 11:07 '!he insurance policies for coverage provided in clauses 11:03, 11:04 arrl ll:06 will provide for "over-age" deperrlent insurance. An "over-age" dependent is defined as foll<:Ms: An "over-age dependent" is defined to be an unmarried child of a member, twenty-one years of age or over, who is a full-tirce student atterrling an educational institution or on vacation therefran arrl who is deperrlent for support on such rrember, excluding always: 11:08 ll:09 - 22 - (a) any person who is otherwise covered for benefits under the Policies, and (b) any person whose evidence of insurability furnished in accordance with the provisions of the Policy is not accepted as satisfactory to the Insurance Company. An over-age dependent shall becare eligible to be insured on the attainrrent of twenty--0ne years of age, or on the date of enrolrrent as a student at an educational institution, if such dependent be over twenty--0ne years of age on that date. If application is not made for Over-Age Dependent Insurance within 31 days of the date of beccming 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 11, (other than O.H.I.P.) provided that the benefits afforded thereby are not decreased. Such substitution will not occur on less than sixty days notice to the Association. The Board shall pay the premium and be responsible for maintenance of coverage for insurance coverages provided in this Article for the first seventeen ( 17) consecutive weeks, during which the irember is absent without pay as result of maternity leave or adoption leave. ARI'ICLE 12 - SICKNESS AR> SICK PAY. CRIDITS 12:01 The arrangerrents by which sick leave credits were placed to the credit of a rrember as a result of his/her service in the Police Force of an area municipality prior to the establishrrent of the Force are hereby confirrred. 12:02 Fach irember shall receive a gross credit of one and one-half days for each unbroken rronth of service with the Force, such credit to be cumulative. For the purpose of this clause, service shall not be broken by a irember' s absence fran duty caused by illness, except as provided in clause 12:03 hereof or by injury or accident occurring while on duty or by holidays, vacations or days off or by leave of absence while on military service as provided in clause 17: 07 or by disciplinary suspension provided the rrember has ¥10rked sare portion of said rronth. 12:03 Where a rrernber is absent on account of illness and his/her currulative sick pay credit has been exhausted, he/she shall not receive sick pay credits for the rronth in which he/she was so absent. - 23 - 12:04 Sick pay credits shall be cumulative as from the beginning of the first complete calendar month after the canrencenent of duties. 12:05 A rrember shall not be entitled to receive sick pay in advance of any credit he/she may earn in the current ironth; such credit becomes available only on or after the first day of the follCMing rronth. 12: 06 Every member, on the first of the month foll<:Ming completion of six ironths of service shall be eligible to receive sick pay, at full salary, for any tlire lost by reason of illness or injury to the full extent of sick pay credits available to him/her at the ti.Ire of each absence, except where an award is made under the Workers' Corrpensation Act. 12:07 The number of days for which a rrember receives "sick pay" shall be deducted fran his/her cumulative sick pay credit, but no deduction shall be made on account of any day on which a rrember would nonnally be entitled to be off work. Absence on account of illness for less than a full day shall be deducted on the follCMing basis: 12:08 12:09 12:10 2 hours or irore but less than 4 hours 4 hours or more but less than 6 hours 6 hours or more but less than 8 hours - .25 day; - .50 day; - .75 day. If any rrember resigns from the Force or is discharged for cause and later returns to the Force, he/she shall be considered a new rrember for the purposes of the cumulative sick pay credit plan. Every rrember who is unable to report for duty by reason of sickness shall irrrrediately cause his/her Station or Division office to be so notified. (a) The Director of Medical Services shall have rrajical charge of every rrember who, on account of illness, injury or other physical or rrental disability, is unable to do his/her police duties, provided that any rrember who wishes to be attended by his/her family physician may do so at his/her <:Mn expense. 'lhe Director of Medical Services or a physician or nurse appointed to assist him/her, shall have the right to visit the sick rrember at least once a day and the Director of Medical Services or a physician appointed to assist hi.rrv'her shall have the sole right to detenni.ne when the rrember shall resurre duty. - 24 - (b) If, after examining rrroical rep::,rts and making such investigations including consultation with the rrerrt>er 's physician as the Director of Medical Services deems appropriate, the Director of Medical Services disagrees with the rrerrt>er's physician on the rrroical diagnosis or prognosis of the rrernber, the rrernber shall be referred to an irrleperrlent rredical consultant (as may be agreed by the parties fran time to titre) whose opinion on the diagnosis or prognosis of the rrember' s condition shall govern unless there is a material change in the rrernber' s condition folla.ring such examination. Should the opinion of the consultant as to the diagnosis or prognosis of the rrernber be materially different fran the Director of Medical Services, the Board shall pay the consultant's fee. Otherwise, the consultant's fee shall be _paid by the rrernber. ( c) Apart from issues concerning diagnosis or prognosis to be resolved pursuant to Clause 12:0l(b), the Director of Medical Services shall detennine a rrernber's fitness to perform his/her duties provided such detennination is not made in bad faith or in an arbitrary manner. (d) A referral to an irrlependent rrroical consultant shall be made in the following manner: (i) (ii) (iii) When the Director of Medical Services disagrees with a rrember's physician under Article 12:10 (b) he/she shall irrlrediately notify the other rrembers of the Medical Ccmnittee arrl a rreeting of the O:xrrnittee shall be convened as soon as is practicable. At the rreeting referred to in paragraph (i) above, the Ccmnittee shall discuss the nenber's situation, agree up::,n the irrlependent rrroical consultant to whom the rranber is to be referred arrl draft a letter of referral to the independent rredical consultant which shall be sent to him/her over the signatures of the Director of Medical Services arrl a representative of the Association. 'llle letter of referral shall, inter alia, direct the irrlependent rrroical consultant to serrl to both signatories of the letter of referral any rep::,rt or corresp::,rrlence concerning the nenber or concerning any matter arising out of the referral. (e) 'llle procedure urrler Clause 12:lO(b) shall not apply to detennination ( s) urrler the Police Act or Regulations pursuant thereto. - 25 - 12:ll '!he Central Sick Leave Bank shall be effective October 1, 1982, (the "Effective Date") and shall remain in effect for an initial assessrrent period to the later of December 31, 1983, or the date upon which the Agreerrent, decision or award for 1984 cares into effect. Both parties have concerns about the plan: the Board is concerned about the level of .benefits and the cost thereof; the Association is concerned about the level of funding. The initial assessrcent period will provide both parties with an cpportunity to assess the Bank arrl their present concerns. Both parties, however, are camri.tted to scxre form of long term disability protection. (a) ELIGIBILrlY: A rrember is eligible for .benefits urrler the plan where: (1) The rrember is absent due to disability which would entitle the rrember to sick leave but his/her sick leave credits are exhausted and credits remain available under this Bank. For the purpose of this Bank "disability" is in addition m::>re particularly defined to rrean: ( i) for the first 30 rronths of disability as the inability to perform the regular duties of a police officer arrl the inability to perform the essential duties of any available position with the Force with canpensation equal to or greater than 66 2/3% of the current salary payable to the rank he/she held at the carrrencerrent of his/her disability; and (ii) after the first 30 m::>nths as the inability to perform any gainful occupation or enployrrent for which the rrember is reasonably suited by education, training or experience; (2) '!he member has been absent because of such disability for six continuous m:mths or an aggregate of 1,044 working hours within a 9-rronth period (on the recarrrerrlation of the Board/Association camri.ttee the Board may waive part of the aforesaid waiting period where the rrember no longer has sick leave credits available because the rrember has atterrpted to return to duty during earlier periods of such disability); arrl (3) At the canrencerrent of the absence because of illness or injury the rrember had at least one year's service with the Force. - 26 - (b) ~ITS: '!he benefits to be provided under the Bank are as follows: (1) (2) (i) Payrrent to an eligible rrember during the first year of payn-ent under the Banlc to such rrember shall be made on a bi-weekly basis of 60 hours of pay at the current rate for the position held at the tirre of such disability; (ii) Payn-ent to an eligible TlE!llber during the second and subsequent years of payirent under the Banlc to said rrember shall be made on a bi-weekly basis of 40 hours of pay at the current rate for the position held at the titre of such disability. (iii) t-otwithstanding 12:ll(b)(l)(ii) effective (i) February 2, 1988, in any year payn-ent to an eligible Irember under the Banlc shall be made on a bi-weekly basis and shall be the greater of a 75% benefit based on the officer's salary at the titre of disability or a 60% benefit based on the salary for the ranlc held by the officer at the tirre of disability as it is increased from titre to time. During a period of benefit payn-ent fran the Banlc the Board will have no obligation to make other payn-ents to or on behalf of the rrember except that with respect to the coverages provided for in Articles 11:02; 11:03; 11:04; arrl 11: 06, payrrent from the Banlc shall be made for the premiums, as stipulated in those Articles for the first seven consecutive full pay periods or parts thereof during which the rrember is eligible for payirents from the banlc. (ii) Following the first 7 consecutive pay periods in (i) above, payn-ents under the plan rray be made by the Board to provide OHIP coverage (11:02 of the Aqreerrent) and Extended Health Benefits (11:04) to persons eligible for benefits hereunder whose econanic circumstances make such payn-ents appropriate as detennined by the Board/Association camri.ttee provided that the funding of the Banlc, in the opinion of the Association, pennits. - 27 - (iii) The Board, foll<Ming the first 7 consecutive pay periods in (i) above, shall contribute 50% of the required premium and the rrember shall pay the balance to provide for continued coverage of benefits under 11:02, 11:03, 11:04 and 11: 06 provided that a rrember may wake the irrevocable election to waive receipt of the dental benefit (11:06). This clause supersedes clause 12:11 (b)(2)(ii) except that rrembers in receipt of central sick bank benefits on March 19, 1988 may elect to continue receiving the benefit entitlement urrler the previous "economic circumstance" clause in 12:ll(b)(2)(ii). Effective June 20, 1989, 100% of the required premiums under 11:02, 11:03, 11:04 arrl 11:06 shall be paid by the Board fran the Bank. (c) RED.CTICN OF IHmFI'l'S: Payments will be reduced by benefits, if any, to which the rrember is entitled under any goverrunent plans or other plans to which the Board has contributed, in whole or in part, on his/her behalf except the Metropolitan Toronto Police Benefit Fund arrl CMERS ( unless the 1rember is in receipt of pension fran the Furrl or CMERS in which event the benefits hereunder would be reduced by the arrount of such pension), provided, he:Mever, that in the case of W'.)rkers ' Compensation there will be no reduction in respect of: ( i) permanent partial awards relating to a prior disability or accident; or (ii) all<:Mances for expenses other than for lost tirre. Subject to the overriding corrlition that the payinent under the Bank together with any other payment payable on account of disability of the r nember under any Board plan, any group insurance contract or any plan of any governrrent shall not exceed 85% of the current rate for the position. The rrember in order to receive benefits hereunder must rrake timely and proper application for any disability or other benefits for which he/she may be eligible urrler any goverrunent or private plan, including the Workers' Compensation Act and the canada Pension Plan but excluding the Metropolitan Toronto Police Benefit Fund or a-IBRS, arrl until the arrount of such disability benefits has been established, the Board reserves the right to make the reductions above described on the basis of an estimate of such disability benefits. The rrember shall be obliged to disclose to the Board all such payments, application for payment of any other benefit, changes in his/her status in respect of any other benefits arrl any other infonnation reasonably required to determine his/her entitlement under this Bank. - 28 - (d) ~ OORATI~: Such payrrents shall continue to be drawn against available credits in this Bank during such disability so long as credits remain available under the Bank arrl the rrember remains eligible for benefits pr011ided that: ( i) No rrember shall be entitled to draw benefits urrler this Bank after he/she has attained the tenure or age that would entitle hil'l\/'her to an CMERS pension without actuarial reduction or to an unreduced pension under the Metropolitan Toronto Police Benefit Fund. A rrember will not lose his entitlement to receipt of benefits hereunder by reason only that the rrember is entitled to a pension under the Police Benefit Fund because the nenber has carpleted 25 to 29 years of credited service. (ii) Rehabilitative Enployrrent: If a rrember engages in Rehabilitative Etployrrent directly follo.-ring any period of disability for which benefits have been paid fran the Bank, the Board will continue to pay the rrember fran the Bank as if the rrember were still unable to work for the Board or in any gainful occupation less 50% of the canpensation or profit fran such Rehabilitative Enployrcent. "Rehabilitative Enployrcent" rreans any occupation, euployrrent or undertaking for wages or profit, apprOlled by the Board and undertaken by the rrember while unable because of sickness or injury to engage in any occupation or work on a full tine basis or unable to fully perfonn the essential duties of any available position on the Force. (iii) Should the rrember recover and return to work the ItOnthly benefits will cease and regular salary will resll!l'e. (iv) Should there be a recurrence of the sane or causally related disability within six ItOnths of the irember's return to work his salary will cease and benefits will resurre :irrm:rliately. - 29 - . { e) PIAN CRIDrrs AVAILABLE P(Jl PAYMl!Nl' OF .BmUTI'S: { 1) Payrrents shall only be made to eligible rrembers from the Bank by the Board so long as the Bank has a credit balance. 'Ihe balance available for payrrent to rrembers shall be debited by all payrrents to rrembers provided for hereunder and shall be credited during the initial assessrrent period as follows: { i) at the end of each pay period following the Effective Date, a credit by the Board equal to 1/3 of 1% {effective June 20, 1989 1/6 of 1%) of the regular straight titre hourly earnings {excluding overtirre arrl other premiu.~ payrrents) of each rrember covered by this .Agreem=mt and enrolled in the Metropolitan Toronto Police Benefit Furrl or a-1ERS; (ii) at the errl of the ITOnth of its receipt from the Unemployuent Insurance Comnission, the full Board's plus rrembers ' share of the premium rebate (which the Association on behalf of its rrembers hereby agrees should be directed to the Board for the purpose of the Bank, in consideration of the benefit improvercent resulting from this Bank); and {iii) at the end of each calendar year the Board to credit interest on the average balance for the year of the portion of the Bank which is represented by the mambers' UIC rebate contributions, assuming that all payrrents from the Bank are made in the same proportion from such rrerrbers' contributions as those contributions bear to the credits in the Bank. 'Ihe interest rate shall be the average yield on 3--rronth Goverrurent of Canada Treasury Bills for the year. 12:12 - 30 - Neither the Board nor the Association nor any rrember shall be liable to make any further payrrents to the credit of the Bank and cla~ns of rrembers for payrrent shall be made only from the credits established hereunder and shall be limited to the credit balance of the Bank at the tire the rrember is entitled to be paid. It is understood and agreed that neither the Board as adnri.nistrator of the Bank nor the Corporation of the Municipality of Metropolitan Toronto is under any obligation to maintain a fuoo, representing the credit balance available for the payrrent of benefits under the Bank separate £ran its other rronies and the Unerrployrrent Insurance camri.ssion rebates are for the sole use of the Board or the said Metropolitan Corporation aoo need not be mai ntained separately from other funds. (2) The application of any credit balance remaining in the Bank at the end of the i nitial assessrrent period shall be determined by agreeirent between the parties or failing that , by the sarre procedure that is used to determine a collective agreerrent or award for the calendar year. ( 3 ) The Board undertakes, h~ever, to supply the Associ ation with a full accountbg of the Bank's operation no less frequently than quarterly, such accounting to begin 6 rronths f rom "the Effect ive Date" and relate to the quarter irmediately preceding the quarter then ended. ( f) '.ml\NSITICH\L: To be eligible for any payrrent frau the Bank the member must be either: (i) becane disabled after the Effective Date, or (ii) be disabled before the Effective Date and be absent from ....urk be<:ause of such disability on the Effective Date. A member absent from dut y because of disability resulting from other errployrrent not associated with duties as a rrember of the Force shall not receive benefits under Article 12 for such absence to the extent these are received from the W::>rkers' Ccxnpensation Board or other insurance plans at such place of errployrrent. This clause shall not apply to a disability suffered by rrembers of the Association's Board of Directors when the "other errployrrent" is with the Association. 12:13 - 31 - Effective April 1, 1989, whenever the Board requires a rrember to furnish a rredical report on its prescribed form, the Board will reimburse the rrember for up to $10. 00 of the rredical practitioner' s charge, if any, for providing such form. 13:01 When a rrember is absent by reason of an illness or injury occasioned by or as a result of his/her duty and where an award is rrade by the W::>rkers' Ccxnpensation Board: (a) He/she shall, in addition to the W::>rkers' Ccmpensation Award(s), receive such further arrount so as to provide that the total payrrent to the member shall approxirrate but not exceed the net pay such rrember might otherwise have received had he/she not been absent. (b) (Other W.C.B Award(s) for disabilities not related to the current disability or absence will not be considered.) (i) (ii) (iii) He/she shall accwnulate such vacation credits as he/she might otherwise receive arrl, at his/her option, shall receive such accurrulation on his/her return to duty in equal tine off or pay in lieu thereof. Within one week of the rrember's return, the rrember and his/her Unit Ccmrander shall mutually agree upon when such lieu tirre shall be taken. If the determination is not ma.de within such week, then such tirre off will be placed to the rrember' s credit in the lieu tine register and dealt with as provided in Clause 5:06. (c) He/she shall, if hospitalized or confined to his/her residence prior to the actual date of a statutory holiday, accunrulate such statutory holidays in equal lieu tine as he/she might otherwise receive. For the purpose of this clause, a rrember shall be considered "confined to residence" notwithstarrling that the rrember is required to atterrl an appointment with his/her physician or to atterrl an appointment for the purpose of rehabilitative therapy. - 32 - (d) For the purpose of this Clause, net pay shall be the pay for the rank of the rrember as shown in Schedule "A", less those deductions required under Goverrurent Statutes, pension contributions, and other deductions under this Agrearent. (e) A rrember, when on Workers' canpensation absence, shall be deatEd to be on the Day Shift tour of duty and on a Monday to Friday work week. (f) It> rrenber shall be entitled to draw benefits under Clause 13:01 ( b) or ( c) while such rrernber is entitled to receive a Disability Pension fran the canada Pension Plan. 13:02 A rrember who, as a result of an injury on duty, is required to remain on duty beyond the errl of his/her regular tour of duty for hospital treatrrent shall receive lieu time as provided in Clause 5:05 of the .Agreenent or pay calculated at the rate of lk ti.Ires the rranber's rate of pay while in hospital, but in no event sflall such payrrent exceed three hours pay or time off in lieu thereof at the time arrl one-half rate, nor shall such period of extra pay extend beyorrl midnight of the day on which the rrenber is injured. 13:03 A rrenber who is injured on duty in circumstances where no action for such injuries would lie against a third person arrl who is unable to work as a result of such injury, shall, while he/she is off work as aforesaid be paid his/her regular day work rate to the extent of his/her available sick pay credits, until such time as a ruling has been made by the Workers' O:rnpensation Board upon his/her claim, provided that if and when the Workers' canpensation Board rules in favour of his/her claim the sick pay credits so used shall be restored. 13: 04 Where a rrember who is injured in circumstances in which he/she might be entitled to carpensation under the Workers' Carpensation Act (assuming timely arrl prq>er application is trade) elects instead to claim against a third party he/she shall, as a corrlition of receiving sick pay benefits, undertake in writing to reimburse the Municipality of Metropolitan Toronto out of the proceeds of any settlerrent or judgerrent upon such claim, the arrount of rooney equivalent to the value of such sick pay benefits and upon his/her return having made such reirnburserrent his/her accumulated sick pay credits shall be restored accordingly. - 33 - ARTICLE 14 - SICK PAY GRA'.l.'UIT"i 14: 01 In this Article the words "termination of employment" shall rrean separation from employment with the Force by retirerrent on pension or by resignation, but shall not include dismissal. 14:02 Upon termination of employment with the Force: 14:03 (a) there shall be paid to every rrember who has been in the employ of the Board for an aggregate period of at least ten years; and (b) there shall be paid to the estate of a rrernber who dies while in the errployment of the Board, having canpleted at least 10 years cf service the whole or part of such arrount as is equal to one-half the cwnulative sick pay credits of the rrember, but in no case shall such arrount exceed the aggregate arrount of his salary or other remuneration for the period set forth in Colwm 2 of the Schedule contained herein, corres_[X)nding to the service requirerrents set forth in Column 1 thereof. The following is the schedule hereinbefore rrentioned: <DUHi 1 - SERVICE RE:l{JIRPMENr CDillti 2 - PFlUOO At least 10 years and less than 15 years Three calendar rronths At least 15 years and less than 20 years Four calendar rronths At least 20 years arrl less than 25 years Five calendar rronths At least 25 years and less than 30 years Six calendar rronths At least 30 years arrl less than 32.5 years Seven calendar rronths At least 32.5 years and less than 35 years Eight calendar rronths At least 35 years Nine calendar rronths For the pur_[X)se of rreeting the service requirerrents set out in the above schedule, the following shall be included: (a) All tirre worked with the Force from the rrost recent date of hire and with the Police Force of any of the area municipalities canprising the Metro_[X)litan Cor_[X)ration innediately prior to entering the service of the Force. (b) All tirre lost on account of absence for reason of illness where the rrember was paid for such absence or was considered as being on sick leave without pay. - 34 - ( c) All tine lost on account of absence by reason of maternity leave without pay for a period or periods not exceeding six rronths. (d) In the event of the death of a member the arrount payable under this section shall be paid to the member's estate. (el In no case shall an award made by the Workers' Conpensation Board be deducted fran any authorized grant to a member or his/her dependents. ARTICLE 15 - GRIEVAlCE PIUE'.XlRE 15:01 Any difference concerning the interpretation, application, adininistration or alleged violation of the provisions of this collective agreerrent, including any question as to whether a matter is arbitrable, will be dealt with in the following manner: (a) STEP 1 An aggrieved member, acconpanied and represented by an Association Monitor or Director, may present his/her grievance, in writing, to his/her Unit Comnander or designate and the grievance shall be discussed with a view to reaching a settlerrent. 'Ihe Unit Ccmnander shall render a written decision w ithin five i,,urking days of the discussion. Any settlenent of the grievance reached at this Step will be considered applicable to the case in question only and will not establish a precedent for future cases. (b) STEP 2 F~iling satisfactory settlenent at Step 1, the Association may, ~ithin twenty working days, submit the grievance to the Olief of Police or his/her designate for further discussion with a view to reaching a settlerrent. To facilitate settleroont, a neeting shall be held at which the Board may be represented by such persons as the Board deems necessary and at which the Association may be represented by such persons as the Association deems necessary. The Chief of Police or his/her designate shall render a written decision within seven working days of the Step 2 neeting. 15:02 Either party to this agreerrent may lodge a grievance in writing with t he other party on any difference between the parties concerning an i nterpretation, application or administration of the collective agreerrent, including any question as to whether a matter is arbitrable and such grievance shall camence at Step 2. - 35 - 15:03 A grievance is to be canrenced within 25 working days of the incident which gave rise to the grievance, unless the griever, Association or Board is unaware that grounds exist for a grievance, in which case, the grievance is to be canrenced within 25 working days of the tirre at which the griever, Association or Board becarre aware that grounds for a grievance existed. 15: 04 Failing satisfactory settlement at Step 2 of the Grievance Procedure either party, within ten working days, may refer the grievance to arbitration pursuant to the provisions of Section 33 of the Police Act. R.S.O. 1980, c. 381. --- 15:05 For the purposes of this Article, "working days" shall m:lan Monday to Friday, exclusive of statutory holidays falling on or designated to be taken on any one of the days fran Monday to Friday, inclusive. 15: 06 An arbitrator may extend the tirre for the taJcing of any step in the grievance procedure under a collective agrearent, notwithstanding the expiration of such tirre, where the arbitrator is satisfied that there are reasonable grounds for the extension and that the opposite party will not be substantially prejudiced by the extension. 15:07 (a) Except for charges, cauplaints or other actions taken in respect of a rrember under the Police Act, the Metropolitan Toronto Police Carplaints Act or any other legislation or regulation, a rrernber shall be notified of any disciplinary action taken against the rrember by way of documentation (currently MI'P 159) and has the right to respond thereto in writing within ten working days. (b) If the issuance of a derogatory MI'P 159 is being considered and the rrember is requested to respond to a unit cormander of his/her designate, the rrember shall have the opportunity to have the Divisional rronitor or Association representative present at such a rreeting and, where practicable, without cost or loss of service to the Board. Representatives of the Board and the Association shall arrange for such meetings with the minimum disruption of police duties by the utilization of available personnel within the Unit or a full-tirre Association representative. (c) A ccpy of the Personnel Docwrentation Form MI'P 159 will be given to the member when the docurrentation is made and, in accordance with the provision on the Form, derogatory reports will be purged after two years, unless further derogatory reports are received, in which case the report will stay in file until two full years have passed without further · derogatory reports. - 36 - 16:01 A constable who is assigned to perform his/her police duties 16:02 (a) (i) in plainclothes for a min.iJTlum of 30 days in a calerrlar year, or (ii) as a training constable or a constable assigned to cl ssr001n instruction duties at C.O. Bick College shall receive a salary of his/her rank plus 5% of the salary of a First Class Constablf> as set out in Schedule A for the pericx:l of tirre during which he/she is so assigned and such salary shall be used for corrputing premium pay such as overtime and callback . E.'ffective Janaary 1, 1990, for a rrember with twel'Je consecutiv~ rronths in the p.?Sitions referred to in (i) and (ii) above, the salary shall be the salary of his/her rank plus 6. 5% of the salary of~ First Class Constable as set out in Schedule A for the period of tirre during which he/she is so assigned. (b) A rrember in ceceipt of salary as provided jn (a) above shall after six ( 6) consecutive rrnnths receive such salary when on an.,ual vacation, sick pay, !)aid holidays or on paid lieu tirre. Such payrrent wi.Ll be paid for the period the member would have rerrained on such duty had i t not been for absences referred to in tm.s clause (b). In calculating net pay under Article 13 or for Central Sick Bank, entitlerrents under Article 11, such 5% or 6.5% payrrent, as applicable, will be taken into dCCOUnt. Assignments will not be varied for the purpose of avoiding obliga~ions under this subclause (b). (a) However, the Parties realize that on occasion a rrember who is unable to perform all of his/her regular police duties because of injury or illness 11\3.Y be assigned to plainclothes duty and will not be entitled to clothing and plainclothes expense reimburseirent payrrents. (b) When a rrember is assigned to plainclothes duty because of injury or illness, a Consent Form will be prepared which the rrember will sign acknowledging that he/she will not be entitled to plainclothes allowance and clothing expense reimbursement . fue Consent Forro will describe the injury or illness and the estimated tii:re before the irember is expected to return to his/her regular duty. 17:01 17:02 - 37 - ( c) The Consent Form shall be renewed at least once every sixty work days, unless the Parties and the rrember concerned agree on a longer period. Copies of Consent Fonns will be sent to the Association. ( d) '!he aforeuentioned procedure will apply to any member assigned to plainclothes duty for reasons of injury or illness effective January 1, 1977, or thereafter. (a) ARTICLE 17 - LFAVE OF ABSEtCE A rrember, on application to his/her Unit Cormander shall be granted three days leave of absence with full pay for the purpose of getting married. If such leave of absence includes his/her regular days off (which days off shall not be altered) these days will form part of the leave of absence. (b) A r rember whose annual leave coincides with his/her marriage shall not be entitled to rrore than one day's paid leave under this provision. (a) On request to his/her Unit Camander, leave of absence shall be granted to a rrember because of the death and attendance at the funeral of his/her father, rrother, child, brother, sister, spouse, rrother-in-law, father-in-law, brother-in-law, sister in-law, son-in-law, daughter-in-law, grandparent or grarrlchild. Time so lost from the member's regular schedule during such leave of absence shall be compensated at the member's regular rate of pay up to a maximum of three days following such death. (b) Days off are not to be altered to form par t of the three days mentioned above. (c) For the purpose of this Clause a rrember who is a step-parent, step-child or step-sibling of a deceased will be considered for such leave where it is established that there is a continuing close personal relationship. ( d) In lieu of the above, in the case of the death of a member ' s father, rrother, child, spouse, brother, sister, rrother-in-law or father-in-law, should the rrember be unable to attend the funeral because of the distance to be travelled or other just cause, such member on request to his/her Unit Cornnarrler shall be granted one day off with pay for the purpose of rrourning the death. 17:03 - 38 - ( e) Where a rrember was not brought up by his/her natural or adoptive parents or step-parent s but was brought up by one or two other adults, a rrember will be considered for leave under this Clause in the event of death of such adult where it is established there is a continuing close relationship. (a) (i) (ii) (iii) (iv) (v) Maternity Leave without pay shall be in accordance with Part IX of the Employrrent Standards Act of Ontario, except that a rrember cO!llrencing such leave who is in receipt of U.I. pregnancy benefits pursuant to s.30 of the Unenployment Insurance Act shall be paid a supplerrentary unemployment benefit in an arrount which with her U. I. pregnancy benefit brings her canpensation to 75% of her regular weekly earnings. Such payment shall cormence following conpletion of the 2 week unemployment insurance waiting period and shall continue while the errployee is absent on Maternity Leave and is in receipt of such U.I . benefit for a maximum period of 15 weeks. In respect of the two (2) week waiting period, the rrember shall be paid 75% of her regular weekly earnings. "Regular w eekly earnings" shall be determined by multiplying her regular hourly rate on her last day worked prior to the camencerrent of the leave times her normal weekly hours. (Any changes to paid Maternity Leave under Civilian Metro Police Agreerrents during the term of the this Agreerrent shall be extended to Unifonn Agreement. ) Maternity Leave, for any member who does not qualify under Par t XI of the said Act, shall be at the discretion of the Chief of Poli ce, as shall any requested extension thereof. An extension of rriaternity Leave, if request ed, shall be granted to a r rember who qualifies under (a) (i) above, but the per iod of Maternity Leave , as extended, shall not exceed six (6) rronths. Except as specifically provided, Maternity Leave, or any extension thereof, shall be at no cost to the Board. A menber's anniversary da t e , for an increrrent or for vacation entitlerrent, shall not be affected as a result of an initial six rronths of any maternity leave. 17:04 (b) (i) - 39 - Where a rrember, who would qualify under Article 17:03, adopts a child and the adoption agency requires the rrember' s absence to care for the child, such rrember shall be entitled to adoption leave, on application to the Chief of Police, for a period of up to six ( 6) weeks on the sarre condition as for Maternity Leave save and except that such member shall not be entitled to the supplerrental unerrploynent benefit provided under 17:03 (a)(i). (ii) Adoption Leave under other circumstances, including an extension of leave hereunder up to a total of three (3) m:>nths, shall be at the discretion of the Chief of Police. (iii) Except as specifically provided, any period of Adoption Leave shall be at no cost to the Board. (c) Maternity Leave granted under Article 17:03 (a) (i) and/or Adoption Leave granted under Article 17:03 (b)(i) above shall not result in any reduction in annual leave entitlerrent. (a) Elected rrembers of the Board of Directors of the Association shall, on at least two weeks ' written notice, be granted leave of absence fran their duties for their term of office. During the tenure of their leaves of absence, such rrembers shall be paid by the Board. The Association will re-imburse the Board the full cost of pay and benefits during such leave of absence for such members. No m:>re than eight rrembers of the Force may be on leave of absence at any one titre. ( b) The Association agrees to release the Board and the Chief of Police frcxn any and all liability with respect to any acts performed by, or anissions of, a member in the perfonnance of his/her duties on behalf of the Association during such leave of absence. 17:05 Subject to the requirements of the service which cannot be foreseen or planned in advance, the Board shall allow the Directors and/or Monitors of the Association sufficient tirre off duty, without pay, to attend local, Provincial, National and International Police Association creetings or other autho!'.'ized Association business. Such tirre off shall only be granted with the permission of the Chief of Police upon written request by the President of the Association. 17:06 17:07 17:08 18:01 18:02 - 40 - Subject to the requirerrents of the service, a member shall be allc:Med a leave of absence without pay for a perioo not to exceed twenty working days for compassionate reasons acceptable to the Chief of Police. If, while on such leave of absence, the member engages in or applies for other employrrent without the consent of the Chief of Police, or if a rrember on such leave fails to report for work without lawful reason at the beginning of his/her regular tour of duty after the termination of such leave, such rrember shall be considered as having quit without notice and shall be terminated from employrrent. (a) Subject to the requirerrents of the service, a rrember shall be alla.ved a leave of absence for a period not to exceed tv.0 (2) calendar weeks for military training with the canadian Arma::! Forces Reserve. The leave of absence shall be without pay but , the member may elect to use accumulated lieu tirre for all or a part of the duration of the leave of absence. (bl When, at the tirre of making his/her vacation selection, a member is aware of the dates of his/her military training, he/she shall submit a written request for such leave t o his/her Unit Carrnander when making his/her vacation selection. In all other cases, a member shall submit a written request for such leave to his/her Unit Corrrnander no later than four (4) rronths prior to the comrencerrent of the military training. (c) All written requests for military leave shall indicate whether or not the rrember wishes to use accumulated lieu tirre for all or a part of the leave of absence and shall be accanpanied by written substantiation of the military training exercise from the appropriate Arrrro Forces personnel. Effective March 28, 1989, subject to the requirerrents of the service, a Unit Camiander shall permit a rrember holding the position of Monitor in the Association lieu tirre off on a tour of duty to attend an Association rreeting. ARrICLE 18 - SEPARATICH; ~ FOOCE, IAY OFF AY> ~ For payroll purposes, a member separating from the Force between the hours of 12:01 a.m. arrl 12:00 midnight of any date shall be construed as having done so at 12:00 midnight of that date. In the event of a reduction in the Force , the Board will determine the number of members to be laid off or reduced in rank and will select the irrli victual members to be laid off or reduced in rank in the following order: - 41 - (a) If reduction in the rank of Constable occurs: subject to the special needs of the Force which will require the retention of officers who have special skills or qualifications or who are engaged on special assigrurent which it is not in the interest of the Force to disrupt, those Constables with the least seniority will be the first to be laid off. (b) If reduction in the rank of Sergeant occurs: subject to the special needs of the Force which will require the retention of officers who have special skills or qualifications or who are engaged on special assigrurent which it is not in the interest of the Force to disrupt, those Sergeants with the least seniority in rank will be the first to be reduced to the rank of Constable. (c) If reduction in the rank of Staff Sergeant occurs: subject to the special needs of the Force which will require the retention of officers who have special skills or qualifications or who are engaged on special assignment which it is not in the interest of the Force to disrupt, those Staff Sergeants with the least seniority in the rank will be the first to be reduced to the rank of Sergeant. (d) Constables will be recalled in reverse order subject to having the qualifications to do the tasks required. (e) When vacancies occur in the rank of Sergeant and Staff Sergeant, rrembers previously denoted in accordance with the provisions of (b) and (c) respectively shall be returned to their forrrer p:)Sition arrl rank when the vacancy occurs. (f) (i) A constable selected for recall shall be inforcred of his/her re-employrrent by written notice. This notice shall be considered received by the rrember when nailed, Registered Mail, to the last known address of the rrember as shown on the record of the Force. It shall be the resfX)nsibility of each rrerr.l::>er on lay-off to keep the Force advised of his/her current address. Within ten calendar days after a rrember receives notice of re-employirent, he/she must advise the Force in writing that he/she accepts re-employrrent and will be able to ccxrmence euployirent on the date specified in the notice. Any and all re-employrrent rights granted to a cre.111:>er shall terminate UfX)n such rrenber's failure to accept the recall within ten calendar days or his/her failure to return to duty on the date specified. 18:03 18:04 (ii) (iii) - 42 - A rrember shall retain his/her right to re-employrrent after a lay-off for a i;>eriod of two years carmencing with the effective date of the lay-off. During the i;>eriod of lay-off a rrember on lay-off shall not be entitled to any of the provisions of the Agreement except the right to recall as provided above. (g) For the purposes of the above lay-off and recall provision, (i) "Seniority" rreans service in the Force as a police officer. (ii) "Seniority in the rank" rreans the period of service in the si;>ecific rank. (h) If two or ,rore rrembers have the sarre "seniority" or "seniority in the rank" date, the Board shall determine which member or members are the least senior for the purpose of lay-off or dem::>tion. (i) These provisions will not bind the Board if the Ontario Police Comnission directs that an officer or officers be retained who would otherwise be released under these provisions. In such event another officer may be released in accordance with the provisions found herein. (a) A rrember of the Civilian Branch who is transferred to the Unifonn Branch will continue to have his/her service with the Civilian Branch counted on such transfer for the calculation of vacation benefits, sick pay, sick pay gratuities arrl welfare benefits only. ( b) A rrember of the Unifonn Branch who is transferred to the Civilian Branch will continue to have his/her service with the Uniform Branch counted on such transfer for the calculation of vacation benefits, sick pay, sick pa.y gratuities, welfare benefits and service pay. The assignrrent of services previously perforrre:l predaninantly by rrembers of the Uniform Branch to rrembei:-s of other Bargaining Units shall not result in the lay-off of Unifonn Members. 18:05 (a) - 43 - The Board will notify the Association of its intent to pennanently assign services previously predominantly perforrred by police officers to persons not in the employ of the Board or to persons covered by the Unit A, B or C collective agreerrent between the Association and the Board, and the Association may, within fifteen (15) days, request a rreeting with representatives of the Board through the Joint Association/Management Carmi.ttee to discuss the implications of any such assignrrents, including any adverse effects on rrembers and including the application of Article 18:04 (b) In this clause "permanently assign" means an assignrrent in excess of 90 days. 19: 01 A ne'11ber who is requestoo to use his/her car in the perforrrance of police duty and who agrees to do so, shall be paid an allowance of twenty-four cents per kiloaeter for all mileage travelled in the performance of such duties. 19:02 Any damage to a me.'11ber's car resulting from its use in the performance of duty, as provided in Clause 19:01, shall be repaired in the garage of the Force at no cost to the rrernber. 19:03 No mernber shall be ailc,,ved to use his/her car pursuant to Clause 19:01 unless and until he/she provides satisfactory evidence of public liability arrl property darrage insurance. ARITCLE 20 - SPFl:IAL SEJWICE PAY 20: 01 The rate to be paid to each rrernber for special services requested of the Force for control of cra.-.tls or for any other reason, shall be determined by the Association and the Board shall be advised by the Association of the said rate when determined or of any change therein. 21:01 (a) - 44 - F.ach trember who attends a course at the Ontario Police College at Ayllrer, Ontario, shall be granted a transportation allowance in the anount of 'lhirty D::>llars for each week of attendance at such College. (b) Members travelling to and/or fran the Ontario Police College at Ayllrer during off-duty hours will receive a four hour lieu ti.Jre credit for each course; trembers travelling to and/or fran the College at ottawa during off duty hours will receive an eight hour lieu credit for each course. This credit will not apply to attendance in respect of the Probationary Constables Course or its equivalent, nor to a trember seconded to the College. 22:01 All uniform patrol cars, except those assigned to traffic duties, shall be manned by tlr.U fully trained and arrred police officers while on patrol between the hours of 4:00 p.m. one day and 4:00 a.m. the folla.,,,ing day or during such other continuous period of twelve hours per day as shall be designated by the Board to coincide with the period of peak patrol activity. 22:02 -Notwithstanding Clause 22:01, where an errergent situation occurs during or extends into the period of peak patrol activity and all other rreans of manning patrol cars by on-duty personnel have been exhausted, the Olief of Police or his/her designee, in his/her discretion, may authorize the deployirent of the required number of one-officer patrol cars. 22:03 -An "errergent situation" includes disasters (such as hurricane, flood, fire, explosion) or other major disruptive events (such as utility malfunctions, police tactical occurrences, multiple fatalities). 22: 04 --Other circumstances may occur which will be foreseen and planned, which may justify the suspension of Clause 22:01. No such suspension will occur, except on the basis acceptable to representatives of the Association and the Board after a meeting to review the circum.stances of any proposed suspension. - 45 - 23:01 Subject to the other provisions of this Article, a rrember charged with but not found guilty of a criminal or statutory offence, because of acts done in the attempted performance in good faith of his/her duties as a police officer shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such charges. 23:02 Notwithstanding clause 23:01, the Board may authorize payment of necessary arrl reasonable legal costs of a rrember pleading or being fourrl guilty of an offence described in clause 23:01, where the court, instead of convicting the accused, grants hinvher an absolute discharge, provided that the Board accepts the reccxmerrlation of the Olief of Police, or an officer designated by hinvher to make such a reccxmerrlation, that the rrember' s actions as a police officer in the course of perfonning his/her duties were rrotivated by an intent to do his/her lawful duty, that such actions do not constitute any of the actions described in clause 23:03 hereof, arrl that such indemnification will not in the opinion of the Board reduce respect for law enforcem:mt in Metropolitan Toronto. 23:03 Notwithstarrling clause 23:01, the Board may refuse payment otherwise authorized under clause 23:01 where the actions of the officer fran which the charges arose anounted to a gross dereliction of duty or deliberate abuse of his/her powers as a police officer. 23:04 Where a rrember is a defendant in a civil action for damages because of acts done in the attempted performance in good faith of his/her duties as a police officer he/she shall be indemnified for the necessary arrl reasonable legal costs incurred in the defence of such an action in the following circumstances only: (a) Where the Olief of Police is not joined in the action as a party pursuant to section 24 ( 1) of the Police Act, arrl the Olief of Police does not deferrl the action on behalf of himself/herself arrl of the rrember as joint tortfeasors at the Board's sole expense. ( b) \'l'lere the Olief of Police is joined as a party or elects to deferrl the action, but the solicitor retained on behalf of the Olief of Police and the rrember is of the view that it ~ld be irrproper for hinvher to act for both the Olief of Police arrl the rrember in that action. 23:05 23:06 - 46 - A member whose conduct is called into question in the course of an inquiry under the Coroners Act because of acts done in the atterrpted perfomance in good faith of his/her duties as a police officer shall be indemnified for the necessary and reasonable legal costs incurred in representing his/her interests in any such inquest in the follc,,.;,ing circumstances only: (a) Where the Chief of Police and/or the Board does not provide counsel to represent the rrernber at the inquest at the Board 's expense; or (b) Where the counsel provided by the Chief of Police or the Board to represent either or both of them along with the rrember is of the opinion that it would be irrproper for hinvher to act for both the Chief of Police or the Board arrl the rranber in that action. (a) A rnerrber who is the subject of a hearing before a board of inquiry established under the Metropolitan Toronto Police Force Ccraplaints Act, 1984 because of acts done in the atterrpted performa.nce in good faith of his/her duties as a police officer shall be indemnified for the necessary arrl reasonable legal costs incurred in respect of that hearing only where the Olief of Police has referred a matter to a board of inquiry, or the Public Complaints c.amti.ssioner has ordered a hearing before a board of inquiry pursuant to section 19 (3) of the Act, and the officer is not fourrl guilty of misconduct under the Act by the board of inquiry or a panel of rrernbers thereof. (b) Where a corrplaint agai nst a rrember to the Public Cmlplaints Investigation Bureau results in the rrernber's exoneration, but is then referred to the Public Complaints carmission under s. 19 of the Act for review, the rrernber shall be indemnified for the necessary arrl reasonable legal costs incurred in respect of the Public Cot-plaints Camri.ssioner's review only where: ( i) the ccxrplaint is in respect of acts done in the performance in good faith of the rrember's duties as a police officer; (ii) the rrernber has been subpoenaed, pursuant to the Metropolitan Toronto Police Force Corplaints Act, 1984 to appear before the Public Complaints Connissioner or before a person appointed by the Public Corrplaints Connissioner to make a review; and (iii) the matter does not procero further to a hearing before a board of inquiry. 23:07 - 47 - (c) A llEfOber who is the subject of a board of inquiry under Article 23:06(a) or an investigation under article 23:06(b) in relation to acts done in his/her capacity as a private citizen shall be entitled to indemnification where he/she is not found guilty of misconduct by a board of inquiry or, in the case of an investigation, where the matter does not procero further to a hearing before a board of inquiry. (d) Clause 23:06 (c) shall apply to the legal costs incurred after March 20, 1988-, notwithstanding clause 23:07 provided that application to the Chief for approval is made as soon as is practicable after March 20, 1988. (a ) Where a rrerr.ber intends to apply to the Board for inderrnification hereunder, the member shall, within thirty days of being charged or receiving notice of other legal proceroings covered herein, or receiving notice that he/she will not be represented by counsel retained by the Chief of Police and/or the Board, apply in writing to the Chief of Police or to the officer designated by the Chief of Police to deal with such applications for approval to retain counsel and approval of the counsel to be so retained. In the event of any dispute concerning the counsel to be retained, the matter shall be resolved by an officer designated by the Chief and a llEfOber of the Association Executive designated for that purpose. (b) vmen a rrerr.ber advises his/her Unit Commander, in accordance with the Regulations of the Force, that he/she has been charged, or has received notice of other proceroings, the Unit Coam:l.nder will advise the rre:nber in writing of the requirerrent to apply for inde'Mification within 30 days. 23:08 Where the Chief of Police, pursuant to Board policy, elects to provide legal counsel to defend a rrember in any legal proceErling coverErl by this provision, t he cost of such counsel is the Board's responsibility irrespective of the outcorre of the proceroings and neither the rrember nor the Board may rely upon the other provisions of this policy. 23: 09 For greater certainty, members shall not be indemnified for legal costs arising fro~: {a) grievances or canplaints under the collective agreerrent between the Board and the Association or under the Police Act; (b) the actions or emissions of members act ing in their capacity as private citizens; (c) Subject to clause 23:06 discipline charges under the Police Act and regulations thereunder. - 48 - 23:10 For the purpose of Clause 23:01 (b), a nember (a) shall be deerred to have been "not Eourrl guilty" where he/she is finally acquitted, where the charges are withdrawn or where he/she is discharged following a preliminary inquiry; arrl (b) shall be deerred to have been "fourrl guilty" where the marnber is given an absolute or conditional discharge or where, if as a result of charges laid he/ she is subsequently fourrl guilty of, or pleads guilty to, other charges arising out of the sarre incident or incidents, but nothing is this sub-clause will disentitle such a rrember to consideration under Clause 23:02 hereof. 23: 11 For the purposes of this prov1.s1.on, "necessary and reasonable legal costs" shall be based on the account rendered by the solicitor performing the work, subject initially to the approval of the Metropolitan Solicitor and, in the case of dispute between the solicitor doing the work and the Metropolitan Solicitor, taxation on a solicitor and client basis by the taxing officer. 23: 12 For the purposes of t his Article, a reference to any Act shall be deerred to include any Act that in the future is enacted in place of the Act referred to in this Article. 23:13 For the purposes of this Article, the necessary am reasonable legal costs incurred by a .rranber for which provision of legal indemnification is made shall be deerred to have been incurred by the rranber himself/herself notwithstanding that the nanber may have received financi al assistance in respect thereof from the Association. ARTICLE 24 24: 01 Wherever applicable in this Agreeirent the singular m.uroer shall include the plural am the masculi ne gender shall include the feminine . 25:01 - 49 - ARTICLE 25 - SERVICE PAY F.ach rrernber hired on or after August 4, 1987 shall be eligible for !.Dng Service Pay in accordance with the following table: uron completion of 5 years of service arrl until the completion of the 10th year of service Up::)n completion of 10 years of service and until the canpletion of the 15th year of service uron completion of 15 years of service arrl until the completion of the 20th year of service Up::)n canpletion of 20 years of service and until the canpletion of the 25th year of service UfX)n completion of 25 years of service and until the co,pletion of the 30th year of service Up::)n completion of 30 years of service and until the completion of the 35th year of service Uron completion of 35 years of service and thereafter $105 per annum $210 per annum $315 per annum $420 per annum $525 per annum $630 per annum $735 per annum Service Pay shall become due on November 30th of each year arrl shall be calculated pro rata fran the dates of eligibility to November 30th. On severance of retireirent, a rrernber shall be entitled to !.Dng Service Pay that may have been due hirrv'her at the tirre of such severance or retirerrent. In the case of death, the !.Dng Service Pay which may have been due to such rrember at the tirre of his/her death shall be paid to the rreinber's estate or beneficiary. For the purrose of Service Pay, "Service" rreans service as a Uniform Member. - 50 - ARI'ICTE 26 - TE8M CF .AGRFaHfl' 26:01 The terns arrl corrlitions herein contained shall remain in full force arrl effect for the period exterrling from January 1, 1989, until December 31, 1990, arrl thereafter, until replaced by a new Agreement, decision or award. Either Party may give notice to the other Party at any time after ninety days before December 31, 1990 that it desires to bargain for a new Agreerrent or arreoorrents to the existing Agreement. Within fifteen days from the service of such notice, each Party shall provide to the other Party a list of the changes to the Agreement it desires. 26:02 (a) The parties agree tha_t- the process set out belo.v shall constitute the neans by which agreerrents are hereafter reached under section 29 of the Police J\ct. The parties further agree not to invoke the conciliation arrl arbitration procedures provided for under sections 31 and 32 of the Police Act. (b) Follo.ving the giving of notice under section 29 of the Police Act, either party may refer outstarrling issues to mediation by notice to the other party requesting agreerrent to a mediator. (c) The procedure for appointing the mediator shall be as follows: ( i) if the parties are unable to agree upon a Mediator within five days frcm the date of the referral to mediation, the appointment shall be made within a further seven days by a Selector, agreed upon by both parties; (ii) if the parties fail to agree upon a Selector and/or the Selector fails to appoint a mediator within the aforesaid seven days, the parties agree that the Chief Justice Ontario or, in his absence, the A.ssociate Chief Justice of Ontario, shall be asked to make the appointrrent upon the application of either party. (d) Within seven days after the appointment of the Mediator, each party shall give written notice to the Mediator arrl to the other party, setting out the matters that the parties have agreed upon for inclusion in an agreement, the outstarrling issues, and the positions of the parties with respect to each outstarrling issue. (e) The Mediator shall maet with the parties and endeavour to effect an agreement on the outstarrling issues. The fees and expenses of the Mediator and the Selector shall be borne equally by the parties. - 51 - (f) The discussions arrl positions taken by the parties during negotiations arrl rrroiation shall be without prejudice to the proceedings before arrl shall not be revealed to the Dispute Resolution Board. (g) Failing agreenent within thirty-five days following appoint:rrent of the Mediator, or such longer period as the parties agree to, or upon the Mediator advising the parties in writing that an impasse exists, whichever occurs first, all outstanding issues may be referred by either party on notice to the other to a Dispute Resolution Board. The Dispute Resolution Board shall be conposed of three rrembers, one rrember selected by each of the parties, and the third rrernber, who shall be the chairperson. (h) The procedure for appointing the Dispute Resolution Board shall be as follONS: (i) (ii) (iii) (iv) the party referring the outstanding issues to the Dispute Resolution Board shall, in its notice of referral, advise the other party of the narre of its naninee to the Dispute Resolution Board; the recipient of the notice shall appoint its naninee to the Dispute Resolution Board within five days of being notified by the other party of the narre of its nominee; if a party fails to appoint a naninee, or a naninee is unwilling or unable to act, or if the two naninees fail to agree upon a chairperson within fifteen days fran the naming of the naninee referred to in ( ii) above, or the chairperson is unable or unwilling to act, the appoint:rrent of a naninee or a chairperson shall be made within seven days by a Selector agreed upon by both parties; if the parties fail to agree upon a Selector and/or the Selector fails to appoint a. naninee or a chairperson within the said seven days, the parties agree that the Q-iief Justice of Ontario or, in his absence, the Associate Q-iief Justice of Ontario shall be asked to make the appointment upon the application of either party. - 52 - ( i) The Mediator shall not be eligible to serve as a rcember or chairperson of the Dispute Resolution Board unless the parties agree. It is understood that naninees for the parties rcay include counsel for the parties, but not officers or employees of either party nor rrembers of the Board of Ccmni.ssioners of Police. ( j) Before preparing an award, the Dispute Resolution Board shall ccxmence a hearing within thirty days after the apfX)intrrent of the chairperson, or such longer period as the parties may agree upon. The Dispute Resolution Board shall determine its own procedure, but shall allow each party an opportunity to present evidence arrl make representations. The award of the Dispute Resolution Board shall be issued to the parties within sixty days after comrencenent of the proceedings before the Board. (k) The decision of the majority of the Dispute Resolution Board shall be the decision of the Board. In the absence of a majority, the decision of the chairperson shall be the decision of the Board. The fees arrl expenses of the chairperson of the Dispute Resolution Board shall be borne equally by the parties. ( 1) Within seven days following an award hereunder, the parties shall incorporate the rcatters agreed UfX)n arrl the teIT[IS of the award in an agreerrent, failing which the existing agreerrent, as amended by the matters agreed UfX)n arrl the terms of the award, shall be deerred to constitute the agreerrent between the parties. The said agreerrent shall constitute ·the agreerrent of the parties for the purposes of section 29 of the Police Act. (ml An agreerrent or award hereunder shall be for a term of one year fran the date on which the existing agreerrent expires, unless the parties otherwise agree. (n) For greater clarity, "days", as used herein, rreans calendar days. - 53 - IN WI'1NESS WBEREXF 'ffiE OCV\RD AR> THE AS&X:IATIOO HAVE HmEXJNro AFFIXED 'lHEIR R&sPEl.:l'IVE a::miamTE SFAIS ATl'ES'l'ED 'ID BY 'ffiE IWDi CF 'lBEIR RESPECrIVE PR>PER OFFICERS IN 'mAT BFJIALF DULY AlJDDUZID. June Rowlands Norman Gardner Alan Tonks Derwyn Shea Roy Willi arrs Stanley Makuch Susan Eng Art Lyrrer F.d de Silva Colin E>,,.ring Don Courts Stewart Walker Gord Trotter Henry Mc:Kinstry Val Johnston Doug Corrigan John Anqrove - 54 - SCllEIXJLE•A• 'fflIS IS SCBEIXJIE •A" - REFERRED TO IN 'HIE AttiEXEJ) 1!GREBU?Br IDlRS pm JAN 1 JULY 1 JAN 1 JULY 1 RErrIOO pm WK. c»ll' 1989 1989 1990 1990 Constable 40 4th Class** 29,333 29,890 31,384 31,999 4th Class 70 30,800 31,385 32,955 33,601 3rd Class 80 35,200 35,869 37,662 38,401 2rrl Class 90 39,600 40,352 42,370 43,201 1st Class 100 44,000 44,836 47,078 48,001 Sergeant 40 113.0 49,720 50,665 113.5 53,434 54,481 Staff Sergeant 40 123.75 54,450 55,485 124.5 58,612 59,761 * Rate applicable to 4th Class Constable until the first pay perioo follo,nng any such constable successfully canpleting the probationary constable course at the Ontario Police College, or 9 rronths after his/her app::,intrrent as a constable, whichever occurs first; but in no event shall any such constable receive a salary rate less than he/she received as a 4th-year cadet in the Unit "C" .Agreerrent. THE A1HlAL RATES AS SIDiN IN 'fflIS OC8FUILE ARE TAKEN TO THE NEAREST 00.LIAR All) ARE FCll THE PORPOOE OF A1HlAL ESTIMATES <H.Y - 55 - SER\TICE PAY Every nenber appointed prior to August 4, 1987 shall be eligible for Service Pay in accordance with the follCMing table: Upon carpletion of 5 years of service arrl until the canpletion of the 10th year of service Upon canpletion of 10 years of service and until the canpletion of the 15th year of service Upon canpletion of 15 years of service arrl until the canpletion of the 20th year of service Upon canpletion of 20 years of service and until the canpletion of the 25th year of service Upon canpletion of 25 years of service arrl until the canpletion of the 30th year of service Upon canpletion of 30 year of service and until the carpletion of the 35th year of service Upon canpletion of 35 years of service arrl thereafter $105 per annum $210 per annum $315 per annum $420 per annum $515 per annum $630 per annum $735 per annum For the purpose of Service Pay, "Service" rreans service as a Uniform Member. - 56 - ~ CF ~DC MADE THIS 26th DAY OF JUNE, 1989 BE1WEEN THE MEllVFOL1TAN 001\RD OF CDMISSICNERS OF roLICE AR> THE METEOPOLITAN 'OCR:BID POLICE AS&X:IATI<E aH:mNIR, ~ CXJl1fflID BY THE lJNIFCH,f CDLLl!CTIVE AGREl!MENr. 1. Where a recomreroation is made to dispense with the services of a Probationary Constable during the first eighteen ironths of his/her employnent with the Force, the foll<:Ming procedur e shall be used: (a) 'Ihe reccmrendation shall be discussed with the Probati onary Constable and he/she shall be given seventy-two hours (exclusive of Saturday or Sunday) duri ng which tine he/ she may confer with an Association representative and dispute tl1e reca11rendation and he/she shall be so inforned in writing. During that ti,re an Association representative may also rreet with the appropriate seni or official to discuss the matter. If the Probationary Constable decides not to dispute the recamiendation it shall be forwarded in the ordinary course to the Board to be acted upon as the Board deems appropriate. The above tine li[llit may be extended by wri tten Agreerent of the Parties. (b) If the Probationary Constable disputes the recomnendation he/she shall so notify the Association and the Probationary Constable's Unit Comnander. (c) A Conmittee shall be formed known as the Staroing Conmittee on Probationary Constables aro shall be carprisErl of three rrembers selected by the Chief of Police aro three rrembers selected by the Association, two of whom shall be rrembers in a full tine office of the Association. (d) In those cases where a Probationary Constable disputes the recarroorrlation made to terminate his/her services during the first eighteen rronths of his/her employrrent, the entire employnent record of the Constable shall be placed before the Conmittee which shall consider whether there was a reasonable and proper basis for the recanneroation to terminate. If a majority of the Camtittee is satisfied that there is a reasonable and proper basis for the recanrrerrlation for termination of the Probationary Constable, no further action shall be taken by the Association on behalf of the Constable. If a majority of the Camtittee is not so satisfied, then no further action shall be taken to terminate the Probationary Constable. However, the Conmittee may review its decision upon new or additional information becaning available. - 57 - (e) In the event the Cormri.ttee is unable to reach a majority decision, the respective positions of the Cormri.ttee ~rs shall be forwarded to the Board and be considered by it when the reccmrendation to terminate the Probationary Constable is placed before the Board for its determination. In addition, the Probationary Constable arrl/or his/her representatives may make oral (in addition to written, if the Association wishes) representations to the Board according to the Board' s procedures prior to the Board making its decision. (f) 'lhe Chief of Police may provide information or other assistance to the Cormri. ttee in addition to the Constable's employirent record. 2. In the current negotiations the Board arrl the Association have disagreed whether a Probationary Constable has or should have the right to contest his termination at arbitration urrler the Collective Agreerrent or The Police Act. 3. Without prejudice to the rights of the Association with respect to Probationary Constables terminated prior to the effective date of this Mem:>randum of Understanding, the Parties have agreed, on a trial basis, to the procedure utilizing the Standing Cormri.ttee on Probationary Constables set out in this Mem:>randum of Understanding. 4. During the term of this Agreerrent, the Association undertakes that the termination of a Probationary Constable will not be taken to arbitration and this provision will remain in effect as provided under Section 36 ( 2) of 'lhe Police Act arrl shall not continue thereafter unless agreed to by the Parties. HONever, if the 'Parties dispute its extension, the Party proposing such extension shall bear the onus of establishing the efficacy of the Comnittee system. - 58 - June Rowlands Art Lyrrer Nonnan Gardner El:1 de Silva Alan Tonks Colin Ewing Derwyn Shea Don Courts Roy Williams Stewart Walker Stanley Makuch Gord Trotter Susan Eng Henry J.tKinstry Val Johnston Doug Corrigan John Anqrove - 59 - MIHE\N:XM CF tHlI!R>'l'AR)Dli MNlE 'lllIS 26'1H I:V\Y CF JUNE, 1989, ~ TBE ~ B.WID CF <DKtSSICH!RS CF POLICE AM) THE MElRlPOLITAN 'lUOfID POLICE AS9X:IATIOO aHmNDli Mf§ol3ERS CXWfflID BY TBE ~ AGREl!MFBr. 1. Where a Constable, after serving a maximum of one year in a classification, has had his/her reclassification to a higher level withheld and wishes to appeal the withholding of his/her reclassification, he/she may appeal such action to the Standing Ccrrmittee on Probationary Constables within 72 hours (exclusive of Saturday or Sunday) of the tine he/she was inforrred that the reclassification was being withheld. 2. Any reclassification which is being withheld will be deferred, the Constable will be counselled and the reclassification will be reconsidered in a further 90 days. 3. The entire enployrrent record of a Constable should be placed before the Conmittee which will consider whether there was a reasonable and proper basis for the reccmrendation to withhold his/her reclassification. If a majority of the Conmittee is satisfied that there is reasonable and proper basis for the deferral, no further action shall be taken by the Association on behalf of the Constable. If the majority is not so satisfied, the Constable's reclassification shall be recomrended. 4. If the Conmittee is unable to reach a majority decision the Board shall determine the matter and any pertinent information may be forwarded by the Ccmnittee. The Association may make representations to the Board but this shall not be construed as requiring the Board to hold a hearing on any such determination. Any subsequent withholding of reclassification shall be processed in the sane manner. 5. During the term of this Agreerrent, the Association undertakes that the withholding of a reclassification within the Constable rank will not be taken to arbitration and this provision will remain in effect as provided under Section 36 (2) of 'Ihe Police Act. - 60 - June Rowlands Art Lyrrer Noman Gardner Ed de Silva Alan Tonks Colin Eklinq Derwyn Shea Don Courts Roy Williams Stewart Walker Stanley Makuch Gord Trotter Susan F.ng Henry Mc:Kinstry Val Johnston Doug Corrigan John Angrove - 61 - MlMEl\YU4 OF tHlF.RSTAR)IRi MADE '1HIS 26th Dl\Y OF JtE, 1989, ~ T8E MRlKlFOLI.TAN IDl\RI) OF CXH«SSI~ OF POLICE AR> THE MB'lK>POLITAN 'lUDlID POLICE ~~ CXKl!RNIRi ~ ClJ'IERID BY T8E UNIFCDt ~ .IIGREaHfr. The following Accords on Conpressed Work Weeks and Revised Shift Schedules including all written arrendrrents thereto, made in accordance with such accords or by the parties hereto, heretofore or hereafter agreed upon, are binding upon the Metropolitan Board of Carmissioners of Police and the Metropolitan Toronto Police Association. 1. Accord on the Colpressed Work Week (Division arrl Traffic Personnei); 2. Accord on canpressed Work Week ( Mountoo Unit) ; 3. Accord on Revised Shift Schedule for Unifonn Supervisors in the Ccmnunications Bureau; 4. Accord on cacpressed Work Week Identification Bureau - ( Unifonn Merrbers); 5. Accords on Revised Shift Schedule for C. I.B. Members in 3 District, 14 Div, 52 Div arrl 55 Div (Pilot Projects). 6. Accords on Revisoo Shift Schedule for Errergency Task Force, Hanicide, Fraud arrl 51 Div. Area Foot Patrol (Pilot Projects). June Rowlarrls Art L~r Noman Gardner Etl de Silva Alan Tonks Colin Ewing Derwyn Shea Don Courts Roy Williams Stewart Walker Stanley Makuch Gord Trotter SUsan Eng Henry M:::Kinstry Val Johnston Doug Corrigan John Angrove - 62 - ~ OF t:H)ERSTAYlIR; MADE 'IBIS 26TH Dl\Y OF Jt:Jm, 1989 BE'.lWE8N 'IEE .MElK)F()LI"l2 OOARD OF CDMISSI<:timS OF FOLICE Alt) THE MEmOPOI.ITAN 'lll01ID :roLICE A':lSX:IATICfi ~ .MIM3l!R3 CDl1ERID BY 'IEE UNIFmM CDLLH:TIVE ~. To resolve any problem or differences, including any alleged change in established working corrlitions not covered by the collective agreement, other than matters in negotiations or before standing camri.ttees which may arise and to consider and make suggestions or recamendations for their solution to the respective Parties, the Parties shall establish a joint camri.ttee canprised of two appointees representing the Association, at least one of whcxn shall be a seconded rrerrber, and two representing the Board, at least one of whan shall be a 1rember of the Board, to rreet to discuss matters of mutual concern. Seven days prior to such rreeting the representatives of the Board and the Association shall advise each other in writing of the matters which they wish to place on the agenda for discussion. Time spent by appointees in atterrlance at such rreetings shall not result in loss of regular pay. The Board will give the Association 30 days' notice of any changes the Board interrls to make to working corrlitions, where the Board is aware of such corrlitions. MEIRlror.rrAN OOARD OF CDMISSI<:timS OF POLICE June RONlands N:>rnan Gardner Alan Tonks Derwyn Shea Roy William.5 Stanley Makuch Susan Eng Art Lyrrer &1 de Silva Colin :a.ring Don Courts Stewart Walker Gord Trotter Henry M:::Kinstry Val Johnston Doug Corrigan John Angrove - 63 - MIMIWDM OF lHlERS'.rAY)IlC MNJE 'IBIS 26'1H lll\Y OF JCE, 1989 BEl'WE8N 'lHE ~ OOi\RO CF OMnSSIOD!R> OF POLICE AR> 'lHE MElR>POLIT1\N 'ltKNID POLICE AS&X:IATIW cncBRNDI; MIM3ERS CD11ERFD BY 'lHE tJNIFCEM .AGRFaefr. 1. A Camri.ttee to be established caoprising two representatives of the Association am two representatives of the COlmi.ssion to examine the concerns regarding medical procedures, including the confidentiality of and access to irernber's medical information. 2. The object of the Camri.ttee' s study is to reach agreerrent on issues raised pursuant to Clause (1) having due regard to a rrember's concern for confidentiality am the Board's that rrembers be medically fit for duty. 3. Either party may require that an external person act as Olairperson of the Camri.ttee, the cost to be shared equally by the parties, if the parties cannot agree on the person to be appointed they will request Mr. <Men Shine, Q.C., to make the selection. 4. The COlmi.ttee shall report no later than December 31, 1989--.-.__ June Rowlands Art Lyrrer tbrman Gardner Fd de Silva Alan Tonks Colin Ewing Derwyn Shea Don Courts Roy Williams Stewart walker Stanley Makuch Gord Trotter Susan Eng Henry McKinstry Val Johnston Doug Corrigan - 64 - ~ OF t:HlmSTAR>:IH; MADE 'lHIS 26'1H ~ CJ.i" JUNE, 1989 ~ 'lBE MEl'K>FOLITAN IU\BD OF CXH«SSICHR; CF POLICE AR> 'lBE MElKlPOLI'J.2\N 'IaUffl) POLICE AS&X:IATICfi QH:mNIK; .MlM3BRS CDl1FBID BY 'lBE tEIFCH4 ~- LEAVE OF .ABSEH:E P.A.O. 'lhe Board shall provide for a leave of absence with pay for a total of 10 duly elected delegates fran the Association to atterrl 'lhe Annual Conference of the Police Association of Ontario. (10 delegates in total urrler all Collective J\greerents • ) June Rowlarrls Art Lyrrer Norman Gardner Etl de Silva Alan Tonks Colin Ewing Derwyn Shea Don Courts Roy Williams Stewart Walker Stanley Makuch Gord Trotter Susan Fnq H:?nry M:::Kinstry Val Johnston Doug Corrigan John Anqrove - 65 - MlMIWDM OF ~IKi M1\DE 'lHlS 26'1B LV\Y CF .JlR, 1989 BlffliBBN 'lBE MElKlPOLI'mN .ooARD CF ClHllSSiamRS OF POLICE AR> 'lBE .MJml)llQLITAN "RIUflO POLICE AS&X:IATI~ CXH:ERNIN:; MIM3iFBS CX1JERFD BY 'lBE l6IP'(EM 1\GRmHll'. (a) The Dental Plan to be amended effective May 1, 1984 to provide an orthodontic benefit at 50% co-insurance, $1,000 nax./year, $3,000 nax./lifetiire for each insured rrember and dependent. Effective April 1, 1989 the Dental Plan to be aJrended to provide an orthodontic benefit at 50% co-insurance $1200. 00 maximum per year, $3600.00 maximum lifeti.rre for each insured rrember and dependent. (b) Tne vision care provision of the Extended Health Plan (Major Medical) to be ameooed effective May 1, 1984 to provide a maxi.mum of $75.00 per two years instead of $50.00 per two years. (c) Effective frcxn January 1, 1984 ( i) Tne rrembers ' full share of the Unemployrrent Insurance Ccrrmi.ssion premium rebates (which the Association on behalf of its rrenbers hereby agrees should be directed to the Board) shall be fully utilized to provide in part the cost of the orthodontic and irrproverrent in the vision care benefits. (ii) The remaining costs of the above benefits not net by clause (c) (i) hereof shall be paid frcxn rrembers' Unemployrrent Insurance premium rebates balance held in the Central Sick Leave Bank clause 12:11 (e)(l)(ii) and such provision shall be aJrended to so provide. (d) Effective CX::tober 1, 1985, the policy for the insurance coverage provided under clause ll:03 will be arrended to provide that semi private ward level coverage will include rrerooers on Workers' Conpensation. (e) Effective CX::tober 1, 1985, the policy for insurance coverage provided under Clause 11: 04 will be arrended to provide for the services of a l icensed clinical psychologist - up to $70.00 for the first visit and $40.00 for each subsequent visit, up to a maximum of $600.00 per person per calendar year (f) Effective January 1, 1988, the $1,000 annual naximum for covered dental service for active rrembers shall be increased to $1,500. - 66 - (g) Effective April 1, 1988 the insurance policy to be arrended to provide the following: (i) Hearing Aid maximum increased to $500.00 per calendar year. (ii) For contact lenses, eyeglass lenses and frarres for such lenses ( recarrrended by an optcxretrist) , the rraximum arrount payable per person is $125.00 during any 24 consecutive nonths. (iii) Licensed speech therapist up to $250.00 per person per calendar year. (iv) Licensed psychologist up to $75.00 per visit up to $750.00 per person per calendar year. (v) For surgery perforrrro by a podiatrist up to $250.00 per person per calendar year. (vi) Licensed chiropractor up to $20.00 per visit . (h) Effective April 1, 1989, the insurance policy to be arrended to increase coverage for licensed Osteopath, Naturopath and Podiatrist, i f not a rrember of the College of Physicians and Surgeons, to "up to $20.00 a visit" . June Rowlands Nor!Mn Girdner Alan Tonks Derwyn Shea Roy Williams Stanley Makuch Susan Eng Art Lyrrer Erl de Silva Colin Ewing Don Courts Stewart Walker Gord Trotter Henry .r.t::Kinstry Val Johnston Doug Corrigan John Angrove - 67 - .MIHlWD.M CF ~nt; MNE 'lBIS 26'1H DI\Y CF JtEB, 1989 mmmBN 'lHE MEIKlPOLITAN OOABI> CF CXHfiSSI<»mRS CF POLICE AR) 'lHE ~ 'ltlUlID POLICE ASSX:IATI~ a:H:mNIH:; ~ a:MmPD BY TBB tIU:PtH1 l!GRPBHll'. For the purposes of the Dispute Resolution Process and in particular paragraphs (c) and (h) of clause 26:02, the Selector shall be OWen B. Sh.irre, Q.C., who shall continue until the parties agree to his replace-rent, or he declines, or is unable to act. June Rowlands Art Lyrrer Noman Gardner &I de Silva Alan Tonks Colin E.ring Derwyn Shea Don Courts Roy Williams Stewart walker Stanley Makuch Gord Trotter Susan Eng Henry McKinstry Val Johnston Doug Corrigan John Angrove - 68 - MIKIWOM CF ~Dli Mi\DB 'fflIS 26m ~ CF .Jl.fiE, 1989 BlffliiEBH '1HE .MEl'HPOLl'IM BlARD CF CDMlSSICHmS CF IULICE A!I> 'fflE MElK>POLl'l'AN 'RRBro POLICE AS&X:IATIOI CXH:BRNllC MIH3BBS ~ BY 'fflE UNIPCHt ~- On the condition that "past service" (as defined below) can be treated as "credited service" under O.M.E.R.S. arrl that there is no cost whatsoever to the Board or the Municipality in the rrember purchasing such past service, the Board agrees to errleavour to obtain fran O.M.E.R.S. as soon as possible for rrerooers applying pursuant to the procedures and titre limits established by O.M.E.R.S. arrl/or the Board, O.M.E.R.S. Supplerrental Optional Service coverage for a rrernber's past service as follows: (i) (ii) June Rc:Mlands Norman Gardner Alan Tonks Derwyn Shea Roy Williams Stanley Makuch Susan Eng "optional. service" as defined in the O.M.E.R.S. Act including "war service" as also defined in the Act; and police service in one of the c.cmronweal th countries to the 1 extent that such can be legally obtained as a matter of right under the O.M.E.R.S. Act arrl Regulations. Art Lyrrer Etl de Silva Colin E>.ring Don Courts Stewart walker Gord Trotter Henry McKinstry Val Johnston Doug Corrigan John Anqrove - 69 - MIHIWIXM OF lH>ERSTANJIRi MADE 'lHIS 26"m DI\Y OF JUNE, 1989 BEDmEN THE Ml!!lKlPOI.J.TA OOARl) OF CXMfiSSI<HlRS OF POLICE AR> THE MElKlPOLITAN 'RB:Hl'O POLICE ~Cfi CllO!mmC MIM3EBS CDVmID BY THE {mF(EM llGREl!MENr. \ 'lhe Pension settlerrent is hereto attached as Apperrlix "A" arrl forrrs part of the 1988 Collective Agreement. June Ror.,larrls Art Lyrrer Norman Gardner Etl de Silva Alan Tonks Colin Ewing Derwyn Shea Don Courts Roy Williams Stewart walker Stanley Makuch Gord Trotter Susan Eng Henry .r-tKinstry Val Johnston Doug Corrigan John Angrove - 70 - MIHIWO:M OF lHl1!RSI2\ll)It«; MNlE 'fflIS 26'ffl lll\Y OF ~, 1989 mmmBN 'lBE MElKXlOLIT1\N WARI) OF aHIISSI~ OF POLICE AR> THE MElKlroLITAN 'RRim) POLICE AS&X:IATICE ~ ~ CDl1ERID BY THE ~ ~. The Board undertakes to endeavour to obtain effective January 1, 1988 fran O.M.E.R.S. for an officer covered by O.M.E.R.S., "credited service" under O.M.E.R.S. for the officer's past credited service for the Board in a civilian capacity, including cadet service, on the basis of nonnal retirement age of 60 rather than 65, on the following conditions that the rrenber (i) pays 50% of the cost of such past service, as detennined and estimated by O.M.E.R.S., to the Board and/or O.M.E.R.S.; (ii) applies to purchase such past service pursuant to procedures and tirre limits established by O.M.E.R.S. and/or the Board; (iii) has contributed to O.M.E.R.S. for such past civilian service on the basis of nonnal retirement age of 65. June Rowlands Art Lyrrer Norman Gardner Etl de Silva Alan Tonks Colin E,,rinq Derwyn Shea Con Courts Roy Williams Stewart walker Stanley Makuch Gord Trotter Susan Eng Henry McKinstry Val Johnston r:oug Corrigan John Anqrove - 71 - IBl'TBR OF 1\GREIM!Nr Mi\DE 'lHIS 26TH mY OF .Jam, 1989, ~ THE MKlKlPClLITAN 'RBNro OOARD OF ClMIISSI<HmS · OF FOLICE NI> THE .MEIR)FQLITAN 'lUUfID OOLICE ASSCX:rATIOi a:H:ERND6 MIH3BRS ClN.BRID BY THE (BIJ.l'CHt CDLUC1'IVB ~. 'Ibe Ccmpressed W::>rk Week Comri.ttee will continue to neet to consider Association prop:,sal for extension of the C.W.W. to nanbers assigned to 2-or 3-shift, 7-<lay cperations. This Camri.ttee will also consider the Board proposal for rrodification or elimination of long blocks of days off in the C.W.W. cycle. Either party may require that an external person -act as Olairperson of the Ccmni.ttee, the costs to be shared equally between the parties. In the event the parties cannot agree on the person to be appointed, they will request Mr. O,,,,en Shine, Q.C., to make the selection. June Rowlarrls Art Lyrrer Norman Gardner rude Silva Alan Tonks Colin Ewing Derwyn Shea Don Courts Roy Williams Stewart walker Stanley Makuch Gord Trotter Susan Eng Henry M:Kinstry Val Johnston D'.:>ug Corrigan John Angrove - 72 - IBl"l'BR CF JIGRFBHfl' MNE '1HIS 26'1H lll\Y CF JmE, 1989, B1mm8N THE~ 'JnOrro BlARI> CF CDMISSICHmS CF POLICE AR> THE MEIK>POI.ITAH 'JnOrro POLICE ASSX:IATICli cxx:mNIRi .MfHY.iR, C0\1Em.D BY THE ~ ~ ~- The Corpressed rork Week Ccrrmittee will continue to fl8:!t to consider Association proposal for extension of the C.W.W. to rrembers in the following areas or locations: C.O. Bick College Public Corplaints Investigation Units 1300 Yonge Street Either party may require that an external person'act as Chairperson of the Ccrrmittee, the costs to be shared equally between the parties. In the event the parties cannot agree on the person to be appointed, they will request Mr. Owen Shine, Q.C., to make the selection. June Rowlarrls Art Lyrrer Noman Gardner Etl de Silva Alan Tonks Colin Erring Derwyn Shea Don Courts Roy Williams Stewart walker Stanley Makuch Gord Trotter Susan Eng Henry r-t::Kinstry Val Johnston Doug Corrigan John Angrove - 73 - IBl'fflR CF AGREfM!Nl' MADE THIS 26m ~ CF .JOiE, 1989, BlffliBm THE MBmOFOLITAN 'lUOfID 001\RD CF ClH«SSI<Ems CF POLICE 1\Y) THE MRmOPOLITAlil 'RIOlID POLICE .ASSx:rAT!Ol ~ MEMBmS <D1F.mI> BY THE tmP(R4 CDI.I.a:TIVE AGRmHfl'. REVISED SHIFl' OCIDDllB - C.I.B. As contercplated by t.~e parties in their Accord for a Revised Shift Schedule for C.I.B. rrembers in 3 District, a comnittee representative of the parties will rreet as soon as the parties have assessed the results of the pilot study in 3 District for the purpose of considering the possible i.rrplarentation of a Revised Shift Schedule in all Districts. Irrpleirentation would be on a district by district basis according to a tirretable to be agreed on by the parties but with a target date for a second district of January 23, 1989 arrl thereafter as soon as the terms of an accord on revised shift schedule for each district can be agreed to by the parties. If difficulties arise the parties may obtain the assistance of a neutral chairperson as provided under the Carpressed Work Week Agreeirent (Item 19 of the Agrearent dated June 11, 1987 between the parties). June RCMlarrls Art LYITEr Norman G:lrdner re de Silva Alan Tonks Colin Ewing Derwyn Shea Don Courts Roy Williams Stewart Walker Stanley Makuch Gord Trotter SUsan Eng Henry M::Kinstry Val Johnston Doug Corrigan John Angrove - 74 - LEITER OF ~ MADE 'lHIS 26'1H ~ OF JtEE, 1989, B8TWBEN THE ME'IKIQLITAN HWm CF CDMISS:ICtimS OF POLICE AR> 'DIE MlmOFOI..IT.AN 'RRBID POLICE ASSO.::IATioi ax::ERNim MIM3B8S CXJITl!RFD BY 'DIE ~ ~ ~- PIIDr .PIOJPCr oi RE\1ISID C.W.W. A camri.ttee representative of the Board and the Association will ireet to consider arrl make recanrendations on the Board proposals to arrerrl the Unifonn Acoord arrl on the possible irrpleirentation of a Pilot Project in 1 District with a revised schedule of hours of work. The purpose of the study is to examine Manageirent ' s concern that there is excessive ti.Ire taken in resporrling to calls for police assistance, particularly between the hours of 03:00 p.m. and 07:00 p.m. and between the hours of 03:00 a.m. arrl 05:00 a.m. The camri.ttee will report by December 31, 1989. June Rowlands Art Lyrrer Norman Gardner Fd de Silva Alan Tonks Colin a-,ing Derwyn Shea Don Courts Roy Williams Stewart walker Stanley Makuch Gord Trotter Susan Eng Henry McKinstry Val Johnston Doug Corrigan John Angrove - 75 - ~ OF AGREl!MENl' MADE THIS 26'1B mY OF JCIE, 1989, mmmBN 'l'BE MlmOEOI.rl'AN lD\R[} OF CXM!I$1CfiBRS OF POLICE AR> 'l'BE .MEmOPCLITAH ~ roLICE ~00 CXH::EmmC MIM3mS CD\1P3BD BY 'l'BE ~ CDLLK:TIVE ~- Promotional procedure will be the subject of continuing study by the Prom::>tional Procedure Comri.ttee. Either party rray agree to use an external person as Chairperson of the Comri.ttee, the costs to be shared equally between the parties. In the event the parties cannot agree on the person to be appointed, they will request Mr. <Men Shirre, Q.C., to make the selection. This letter of Agreement is without prejudice to any objection by the Board concerning the negotiability arrl arbitrability of prarotional procedures. June Rowlands Art Lyrrer Norman Gardner Etl de Silva Alan Tonks Colin &ling Derwyn Shea IX>n Courts Roy Williams Stewart walker Stanley Makuch Gord Trotter Susan Eng Henry McKinstry Val Johnston IX>ug Corrigan John Angrove - 76 - IBrrFR OF J!GREli.MENl' MN>E 'IBIS 26'm DAY CF .Jam, 1989, ~ THE MRl'lD?CLl.'lM 1DARD CF CDMISSICtiBRS OF RLICB AM) 'DlE MEmOJ.lOI.rrAN 'ltRElU POLICE AS&X:IATICB ax::BRNIR:; MlM3mS CDIIERFD BY 'DlE ~ <X>IUCl'IVE l!GREaHlr. A rrember enrolled in the Police Benefit Furrl, (the P.B.F.), as of March 19, 1988 may elect in accordance with the provision set out herein to establish credited service in the P.B.F. in respect to Camonwealth Police Service. Corrronwealth Police Service is defined as police service as a police officer in a country which as of the date of his/her service was a rrember of the Camonwealth. Such service is to be certified in writing by the Chief of Police of the Police Force involved. Within six rronths after the By-law amerrlrrent a ITE!'llber who is eligible to purchase Canronwealth Police Service must sul:xnit in writing his/her intention to purchase service advising of the service period he/she wishes to purchase. A rrember who makes an election to purchase such service or part thereof shall pay into the Fund the· anount the .Actuary certifies as necessary to purchase such service without cost to the rrembers of the Furrl, the Board or the Municipality of Metropotitan Toronto. Within six rronths of being advised of the cost to purchase the period of service, the rrember must make the decision to purchase or not to purchase such service. The arrount to be paid into the furrl by a rranber may be paid in equal installrents by payroll deduction not to exceed 24 rmnths. MEmOJ.lOI.rrAN:OOARDOF CDMISSietmRS OF POLICE June Rowlarrls Noman Gardner Alan Tonks Derwyn Shea Roy Williams Stanley Makuch SUsan Eng Art Lyrrer Fd de Silva Colin a.,ing Don Courts Stewart Walker Gord Trotter Henry M'.::Kinstry Val Johnston Doug Corrigan John Angrove - 77 - ~ OF ~DC ~ 'lmS 26'm: DAY OF Jam, 1989 .BEIWEm 'lBE MfmU:lOI.ITAN B:wm OF aHIISSI~ OF POLICE JUI) 'lBE .MRl10POLITAN ~ POLICE ASSO::IATI~ <nCERNIR; ~ a:NERED BY 'lBE UNIP(H4 l\GRFB4PNr. '!be Board w-xiertakes to errleavour to obtai n effective January 1, 1990 fran O.M.E.R.S. for an offi cer covered by O.M.E.R.S. "credited service" under O.M.E.R.S. for the officer's past credited service for the Board as a police officer during the period July 1, 1968 to December 31, 1970, on the basis of normal retirerrent age of 60 rather than 65 on the following corrlitions that the rcenber ( i ) pay 25% of the cost of such past service, as determined and estimated by O.M.E.R.S., to the Board and/or O.M.E.R.S.; (ii) applies to purchase such past servi ce pursuant to procedures arrl tine limits established by O.M.E.R.S. and/or the Board arrl the Associati on will be advised of the time limits. (iii) has contributed to O.M.E.R.S. for such police officer service dur ing the period of July 1, 1968 to December 31, 1970. June Rowlands Art Lyrrer Norman Ga.rdner lli de Silva Alan Tonks Colin &ling Derwyn Shea Don Courts Roy Williams Stewart walker Stanley Makuch G:lrd Trotter Susan Eng Henry McKinstry Val Johnston Doug Corrigan John Angrove - 78 - MIMIWDM OF {JEER,'l'ARlIR; MADE 'IBIS 26'IH DI\Y OF Jom 1989 BEl'WE8N 'DIE MlmOFOLITl\N OOARD OF CDMts.51~ OF POLICE AR> mE MRiroFOLITAN ~ POLICE AS&£IATI~ cncmNIR; MEMBmS a:NB8FD BY mE ~ l!GREfMEN.r. When the Board arrl Association are negotiating a renewal of the Uniform agreerrent only, or the renewal of both the uniform arrl civilian agreements, the Association shall be entitled to have in atterrlance at such rreetings in addition to the full-tirre representatives of the Association, three additional active rrerrt>ers of the Force representative of the uniform unit. If a rtenber is scheduled to work evenings or nights on such rreeting day, he will, assumin:J reasonable advance notice where practicable is given to his irmroiate supervisors that an adequate replacerrent can be obtained, be entitled to have his shift rescheduled to coincide with the rreeting. Such active members shall not lose regular pay as a result of attendance at negotiation rreetings arrl if rreetings are not on a scheduled work day will receive a lieu tirre credit equal to one-half the negotiation rreeting tirre but not exceeding four hours at straight tirre for any such rreeting. June RCMlands Art Lyrrer Noman Gardner Fil de Silva Alan Tonks Colin EM.ng ~rwyn Shea Don Courts Roy Williams Stewart walker Stanley Makuch Gord Trotter Susan Eng Henry r-t:::Kinstry Val Johnston Doug Corrigan John Angrove - 79 - MIMIWIXM CF lHERSTMEilC MADE 'DIIS 26'.lB Dl\Y CF ~ 1989 ~ TBE MRlBJPCLI'.l'AN BlARD CF CDMISSI~ CF FOLICE AM> THE MEIK>POLITAN 'laum> R>LICE ASSOCIATICN ~ MIM3mS CCNERPD BY THE OfiF(H4 ~- PART-TIME ~ (a) A Ccrmti.ttee to be established carrprising t.-..io representatives of the Association arrl t.-..io representatives of the Ccrrmission to study the ircplerentation of part-tirre .-..iork schedules and the terms and corrlitions of members assigned to such .-..iork schedule. (b) '!he object of the carmittee's sttrly is to consider and if deered advisable to reach agreerrent on the ircpleirentation of such schedules and terms and conditions of erll)loyirent. (c) Either party rciay require that an external person act as 01airperson of the Cormi.ttee, the cost to be shared equally by the parties. In the event the parties cannot agree on the person to be appointed they will request Mr. CMen Shirre, Q.C to make the selection. (d) '!he Ccrmti.ttee shall report as soon as possible but no later than Decenber 31, 1989. June RCMlands Art Lymer N::mnan Gardner Etl de Silva Alan Tonks Colin Ewing Derwyn Shea Don Courts Roy Williams Stewart Walker Stanley Makuch Gord Trotter Susan Eng Henry McKinstry Val Johnston . - Doug Corrigan John Anqrove - 80 - THE 1llAR[) ADITISES THE POLICE AS&X:IATICti CF 1'l'S POLICY <:ti THE ~ ~ IOI' IN'lBl>ID 'ID BE CDl1B8ID BY THE a>I.UCl'IVE ~: If a member so requests he/she shall, when counselled, be sho,m his/her Annual Evaluation including the Counsellor's caments. The member, within ten days of being counselled, may resporrl in writing to such evaluation. Where a mamber resporrls to such evaluation, the response is to be attached to the said evaluation. 2. RBSIGNATIC:H,: A rrember, within 48 hours (excluding Saturday or Surrlay) of sul::xnitting a written resignation may request the Olief of Police, either directly or through the Association, to withdraw said resignation. 'lhe Orief of Police, after investigation, will determine the matter. 3. PBRSCRm[,F'IIBS: 'lhe. nanber's Divisional file will be made available to t.~e rrember for reviewing prior to being counselled arrl on special request, not to excea:l once per year, through the Unit Conmander. Uniform arrl equip-cent will be the subject of continuing sttrly by the Clothing arrl F.quiprent c.amri.ttee. 5. mrATIOi LEAVE: I.eave of absence without pay arrl benefits arrl without loss of seniority the member held at the camencement of the leave may be provided to any rcenber for the purpose of obtaining a university degree provided that: (i) the rcenber has obtained sare of the credits for the degree during his/her off duty hours; (ii) the degree can be obtained in no rrore than two years of full ti.ma study; - 81 - (iii) there is no obligation to provide an:1 no restriction on providing employroont to the mamber during such leave of absence; (iv) the degree would, in the opinion of the Board, be of value to his/ner future police work; (vi such leave to obtain any one degree may only be requested once during an officer's career; (vi) the educational costs to be borne by the rrember. 6. ~ LFAVE: 'l'he Board will develop a policy on extended leave of absence for rrembers requesting such leave to be on a deferred salary basis, with the details of the Plan to be worked out ~ by the Parties, including : that the principle purpose of the leave will lCl' be gainful employrrent outside the Unit; that the rrember, prior to such application, must be a First Class Constable or higher rank; that the mernber be paid 80% of the basic salary of his/her rank and to forego 20% of the basic salary of his/her rank for each of the 4 years during which he/she is not on leave of absence and that such leave of absence will take place in the fifth year; and that the salary may be 3 years deferred over 4 years, with the appropriate percentage change. If, during the leave, a rrember wishes to undertake secondary employroont, he/she will be required to seek permission of the Chief in accordance with the regulations of the Force. A leave of absence granted under this policy will not exceed one year (365 calerx:lar days) and at any one ti.rte, no rrore than ten rrembers of the unifonn group can be on such leave . The arrount of Inccxne Tax to be deducted is deperrlent upon the Board receiving a ruling to the satisfaction of the Metropolitan Toronto Solicitor from Revenue Canada t~at the i nccxre deferral scheme contemplated hereby is not unlawful and is acceptable to Revenue Canada and that the arrount of Incare Tax to be deducted may be canputed on the actual arrount paid to the rreinber. The rrember can maintain coverage under Article 11 during his/her period of absence, by making arrangerrent to reimburse the Board for the required premium contributions. 7. N:EKERS' ~~= 'Ihe Ccmnission would take the position that any rrember who is injured while performing his/her duty as a police officer off shift should be covered by W::lrkers' Carpensation. - 82 - A carmi.ttee canprising three trembers of the Association and three rrembers representing the Conmission shall study and make recanrendations to the Parties on or before ():;tober 1, 1986 respecting the appearance regulation. 'Ihe Olief of Police to issue a directive concerning locker inspection as follows: "A rrember shall be given a reasonable opportunity to be present during the routine inspection of his/her locker." The Olief of Police will direct the Errployment Office to ensure that in any orientation program for nembers the Association shall be afforded the opportunity to participate in such program. 11. AIR ClH)ITioon«i: As a matter of policy, the Board will provide air coooitioning in future purchases of marked patrol cars aoo radar cars. 12. SICK BANK: The rrembers of the Force presently receive a stateirent of their Sick Bank status as of December 31st each year. ~rs in the future will raceive a stateirent of their Sick Bank status on or around June 30th, and Decerooer 31st, each year. 'Ihe Cllief of Police will direct that Unit Corrranders have available on or around June 30th and December 31st a sick leave record of each nember in the Unit so that nanbers may reconcile their Sick Bank Status Statements. - 83 - 'Ihe parties agree that the Regulation Ccmn:i.ttee shall discuss the Metropolitan Toronto Police Regulations arrl the 1-\dmi.nistrative and Operating Procedures with a view to up:iating them or arrending or adding to them for purposes of clarification. Such discussion is without prejudice to the Board's position on the negotiability arrl arbitrability of Board regulations. Meetings are to be held once each rronth and to be concluded by O'.;tober 31st,. 1987, with any unanirrous recamendations of the Comnittee being submitted to the Board and the Association. At least two weeks prior to a ireeting, the Association to submit in writing the Board regulation(s) of concern and the arrendrrent(s) it desires to discuss at said rooeting. 'Ihe Board representatives will advise the Association in writing two weeks prior to a rre.eting of any regulation(s) it desires to discuss at said rreeting. 14. F1ICILITIES: 'Ihe concerns of the Association regarding parking, rest areas, lockers, shoW:rs, and physical fitness facilities will be referred to a carmittee of two representatives of Managerrent and two representatives of the Association, in an effort to develcp general criteria for future facilities for the guidance of Metropolitan Toronto Parks and Property. It is understood that the plans for Headquarters, 53 Division (including 5 District Headquarters), the Marine Unit at Rees Street, and the Satellite stations at Humber Bay and Bluffers Park facilities are already finalized or substantially caipleted . The letter of November 26, 1984, frcm the Executive Secretary of the Board to Mr. Paul W:ilter, concerning Plainclothes arrl Training Constable allowance, is withdrawn. 16. REXiUIATI06: The parties agree to continue discussions on the Board's regulations without prejudice to the Board's position on the negoti ability and arbitrability of any or all of the Association proposals set out in their letters of December 28, 1983 and January 10, 1984. Meetings are to be held two tires each rronth and to be concluded by O:;tober 31st, 1986 , with any unanirrous reccmrendations of the Comnittee being submitted to the Board arrl the Association. - 84 - 17. AIJXILIARY POLICE: The Camri.ssion/Association Comri.ttee to rreet in an effort to address Association concerns regarding Auxiliary Police functions vis a vis police functions. 1. 'I.he Board has adopted a policy which permits a rrember who may be eligible for indemnification under A..rticle 23 of the Agreerrent to apply for furrls to provide his counsel with a retainer if one is required which application may be made on the following basis: (i) (ii) (iii) (iv) where the need for legal counsel arises because a criminal charge has been laid against-....:1:he !rerrber after the arrest and/or charging of sareone in connection with acts leading to that arrest and/or charge, or where the need for legal counsel arises under 23.06 (b) of the Agrearent. the funds applied for do not exceed the greater of $2,000 or 25% Qf the retainer based on the necessary a'1d reasonable 'legal costs which in the event of dispute shall be determined by the Metropolitan Solicitor (if the retainer increases over time, the rrember may apply for additional funds within the terms of this Policy) ; where the actions of the rrember do not appear to be covered by Article 23.03 of the Agreement; and where the rrember undertakes to indemnify the Board for such funds if the rrember is not entitled to indemnification under Article 23 in a manner arrl fonn satisfactory to the Metropolitan Solicitor. 2. If the Cllief or Chief's Delegate is to recomrend to the Board that the retainer provided in 1 (ii) not be provided the Association shall be informed so that they may make written representations to the Board before a final decision is made. The Unifonn and Fquipirent Ccm:nittee shall study the follO'w'ing items and make reccmrendations to the parties: (i) the redesign of unifonn rrembers' spring and fall jackets; - 85 - (ii) the redesi gn of female uniform rrembers' hats; (iii) the provision to uniform rrembers of clipboards, briefcases arrl irrproved flashlights. 20. V.O.T. 'S: A Corrrnittee carpn.sing two representatives appointed by the Association arrl two representatives appointed by the Board shall study the effects of VDTs on individuals using them on a regular daily basis, and make recomrendations to the parties. 21. SKICDli IN 'l'HE KEC PLIICE: The Corrrnittee cCXTiprising of two representatives appointed by the Association, arrl two representatives appointed by the Board, shall continue to study the issue of srroking in the work place and shall make recomrendations to the parties. 22. VACATIOI DRAW: A rranber in scheduling his/her vacation period may indicate separately in the space provided his/her scheduled days off prior to and following the vacation period on the Confidential Instructions for Crown Counsel ( Dope Sheets) arrl on Court Attendance while on Annual I.eave form (Ml'P 205) . Where the Morrlay Tour of Duty during the third week of the Canpressed Work Week Cycle is taken as an assigned day off, it shall be deerred to be a scheduled day off for the purposes hereof. Members designated to atterrl Minor Traffic Court during the rrember's scheduled days off prior to arrl following said vacation period may request of his/her Unit Corrrnander that he/she be exerrpted frcxn such appearance. Should the exemption not be granted the Unit Ccmnarrler's determination may be appealed to the Olief of Police through the appropriate Deputy Olief. A court appearance on scheduled days off prior to and following the vacation period shall not be considered as vacation for the purpose of clause 5.04 (d) of the .Agree-rent. 23. FrmESS FACILITI.BS: To offset the cost of equiprent for fitness facilities, the Board will endeavour to obtain the maximum arrount of governrrent furrling possible. The balance of the cost will be shared according to the Board's current policy: 1/3 payable by the Board, 1/3 payable by the M.T.P.A.A.A. (assuming the M.T.P.A.A.A. agrees), arrl 1/3 payable by the irembers. - 86 - 24. ClMUilCABLE DISFASES: A carrnittee canprising of two representatives appointed by the Association arrl two representatives appointed by the Board shall study the issue of ccmllUilicable diseases and shall make recomrendations to the parties regarding procedures to be ·used by rrembers when dealing with persons suffering from, or suspected of suffering from, camunicable diseases. 25. BILL OF RIGHI'S: A carrni ttee canprised of 3 members representing the Board arrl 3 rrembers representing the Association shall review the "Bill of Rights for Police Officers" which was proclaim:rl by the Board on June 3, 1982 at a tine when the Metropolitan Police Force Crnplaints Project Act, 1981 was in force. The purpose of the Coomi.ttee's review shall be to examine the Bill of Rights in light of the current legislative frarrework under the Metropolitan Toronto Police Force Crnplaints Act, 1984 with a view to making recomrerrlations to the parties concerning (i) of any item within the Bill of Rights which needs to be ui;rlated, arrended or deleted and (ii) any item which needs to be added to the Bill of Rights. The Bill of Rights currently reads as foll<YNS: (a) An officer against whan a ccrcplaint is received shall be advised of the substance of the canplaint as soon as possible. The only justified reason for delay is if it would jeopardize the corrluct of the investigation. (b) F.ach officer shall be advised of the status of the canplaint within thirty days of its reception arrl shall be provided with interim reports as prescribed. He shall be provided with the final investigation report when it is canpleted. (c) The police officer concerned shall not be required to give evidence at a disciplinary hearing nor shall any staterrent or answer required to be given by him in respect of the carplaint made against him be admitted in evidence at the hearing except with his consent. ( d) No reference to a disciplinary hearing shall be made in the personal record of the police officer concerned, unless the Hearing Bcrly had made a firrling of misconduct by the police officer. (e) No reference shall be made in the personal record of a police officer to a canplaint resolved informally. - 87 - ( f) Statenents obtained in the course of the investigation into a citizen's cooplaint shall only be admissible on a hearing under the Metropolitan Police Force Conplaints Project Act or the Police Act and not in any civil suit or proceeding. (g) Officers against whan corrplaints have been made have a right to an Association representative being present during any investigation of these officers. (h) Officers against whom ccrnplaints have been made have a right to counsel, Association representation or other agent during any hearing that results from that investigation. ( i) All allegations against police officers an.sing out of citizen's canplaints must be proven beyond a reasonable doubt. (j) The police officer shall be afforded an opportunity to examine before the hearing any written or docurrentary evidence that will be produced or any report, the contents of which will be given in evidence at the hearing. (k) Officers shall be advised in writing of the findings made on hearings into ccrnplaints against them and of the avenues of appeal open to them where a corrplaint has been found to be established. ( 1) lib notation shall be made on any officer's personal record regarding a ccrnplaint unless that canplaint is established in accordance with the Principles of Natural Justice. (m) lib sumnary discipline shall be mated out to an officer with respect to a carplaint unless that canplaint is established in accordance with the Principles of Natural Justice. (n) lib officer shall be pennitted to suffer double jeopardy in accordance with the rule of law. Specifically, no officer shall be required to face a disciplinary charge where the conduct cooplained of is identical to that which forrred the subject matter of a prosecution in the courts that resulted in an acquittal. (o) Wherever a police officer is suspected of or charged with the carmission of a criminal offence, he or she shall enjoy exactly the sama rights as any other citizen. 26. Ja3 SBARDG: 'Ihe Part-Tire Carmittee will discuss the feasibility of a job sharing programre to assist irembers who have difficulty working current work schedules because of personal problems such as child care or elder care. - 88 - 27. REl'IREE PEH>Im ~: 'lhe Board aoo the Association acknowledge that recocmendations in respect of increases in and/or irrproverents to pensions of retirees in the Metropolitan Toronto Police Benefit Fund are to be rrade to the Executive carmi.ttee by the Trustees of the Fuoo. 28. MM'ERNI'1Y LEAVE: (a) Any rrember on rratemity leave on January 28, 1988 shall be entitled to the paid maternity leave benefit awarded by the Burkett panel in respect of that part of the first 17 weeks of rraternity leave that falls after January 28, 1988. (bl For purposes of clause 7:02, the first 17 weeks of absence by a rrember on unpaid maternity leave between January 1, 1987 and January 28, 1988 shall not result in any reduction in vacation entitlerent in 1988. 29. axJRI' ATl'FHWCE Fa1 RErI.REBS: Effective January 1, 1989 the Board will pay to a forrrer rrember of this Force who has retired on pension and who is required by surmons to attend court in connection with his/her duties as a rrember of this Force (but not where such individual is the person charged) the sum of $50. 00 for each day of required court appearance as a supplerrent to the regular court witness fee." 30. PAID-OP LIFE DGlR.AlCE: Effective April 1, 1989, a uniform rrember who retires under the N.R.A. 60 rule or later aoo who does not qualify for paid-up insurance under the provision of the Collective Agreenent shall receive a paid-up life insurance policy as follCMS: If 10 years of service but less than 15 - $1,500.00 If 15 years of service but less than 20 - $2,500.00 If rrore than 20 years of service - $3,500.00 - 89 - .01 Effective the first pay period follc:Ming ratification of -this rrerrorandum of agreerrent, the pension contributions of rrembers of the pension plan knc:Mn as the Police Benefit Furrl (the "P.B.F.") shall be arrended as follCMS: (1) for the benefits in the P.B.F. which are currently the sane as O.M.E.R.S. (as rrore particularly set out in 8.02 (a) and (b) of the current Collective Agreerrent) each rrember shall contribute by payroll deduction 8% of his contributory earnings in a pay period reducel by 1½% of that portion of such earnings in a pay period that if carputed on an annual basis, would not exceed the Y.M.P.E. as defined in the Canada Pension Plan. ( 2) for all the current benefits in the P. B. F. which are not provided by O.M.E. R.S. each rrember shall contribute by payroll deduction an additional½ of 1% of his contributory earnings in a pay period (with appropriate airendrrent to P.B.F., By-law as required e.g. S. 24 (b) . • 02 A rrember enrolled in the P.B.F. as of the date of ratification of this rcemorandum of agreemant who, in accordance with the W:x>lridge decision obtained the right to purchase certain periods of credited service in the P.B.F., shall have the option effective on January 1, 1985 of purchasing an additional period of credited service in the P. B. F. equal to all or part of the excess of the actual arrount of cadet or civilian service served with the Metropolitan Toronto Police Force inmediately prior to becaning a police officer, over the period of service available to be purchased in acrordance with the W:x>lridge decision, through payrrent made by such rrember to the P.B.F., by bi ~ly payrrents during the period not exceeding one year comrencing on January 1, 1985, equal in total to 13 percent of the annual salary rate paid to him on the date he becarre a police officer rrultiplied by the years or part years of such additional period of credited service, together with interest corrpounded annually at 6% per annum fran the date he becarre a police officer to December 31, 1982 arrl 8% per annum from January 1, 1983 to the date it is entirely paid off. - 90 - A rrerrber will irrlicate in writing to the Board by July 1, 1984, that he may be interested in exercising the option set out above. The Board will notify such member in writing by September 1, 1984 of the arrount required to be paid l>-J the !TBlber arrl the rrember exercising the option must so notify the Board in writing by November 1, 1984, by prepaid registered mail . • 03 A member enrolled in the P.B.F. as of the date of ratification of this rrerorandum of agreeirent arrl who is listed on the attached . listing marked Schedule "A", who had a period of at least one rronth of continuous service ccmrencing prior to January 1, 1962, as a civilian employee with the Metropolitan Toronto Police Force or a Police Force within the Municipality of Metropolitan Toronto, i.mm:rliately prior to beo::xning a police officer, shall have the option effective on January 1, 1985 of purchasing a period of credited service in the P.B.F. equal to such period of continuous service, through payirent made by such member to the P.B.F. by bi-~kly payirents during the period not exceeding one year comrencing on January 1, 1985, equal in total to 13 percent of the annual salary rate paid to him on the date he becarre a police officer rrultiplied by the years or part years of such period of credited service, together with interest canpounded annually at 6% per annum fran the date he becartE a police officer to December 31, 1982 and 8% per annum frcxn January 1, 1983 to the date it is entirely paid off. Within two rronths of ratification a member not listed on Schedule "A" who is otherwise eligible under this clause may have his narre added to Schedule "A" at which tirre the list of such eligible members is final. The Board will notify in writing the members listed in Schedule "A", as a."!Errled, by .September 1, 1984 of the arrount required to be paid by the member, arrl the member exercising the option rrust so notify the Board in writing by November 1, 1984, by prepaid registered mail. - 91 - .04 The Board am the Association agree that it may be desirable t c:1\ have the benefits heretofore provided by P.B.F., the administration of such benefits, am the provision of future changes to benefits and contributions administered urrler the O.M.E.R.S. Act and Regulations to the extent possible rather than under the Police Benefit Fund but have not agreed on the terms and conditions on which such transfer may be rrade. The parties through their bargaining a::mni.ttees will continue to atterrpt to negotiate a satisfactory basis for such transfer subject to the approval of the Board, the Association Bargaining Camri.ttee and only with the approval of a majority of the rrernbers of the Association who are rrembers of the P.B.F. in which event the collective agreerrent nay be so amended as provided in s. 7(2) (a) (ii) of O.M.E.R. S. Regulations. - 92 - Ml!JCRAlD.M OF ~DG MADE 'IHIS 26th Dl\Y OF June, 1989, ~ 'DIE MlfflD:lOL.ITAN OOMD OF aHf:IS.5IamRS OF POLICE Ml> TBE MlnKlPOLITAN 'lUOlIO POLICE ASSX:IATI<:fi ~ MIM38RS <Dl1EmD BY TBE ~ ~- 'lhe interest arbitration awards dated September 2, 1986 and May 12, 1987 by Mr. O.B. Shine ~re quashed by the Divisional Court arrl referred back to the Arbitrator but are the subject of an appeal in front of the Court of Appeal. Mr. O.B. Shine awarded the follo,,ing contractual language. (01) There shall be no strike, slo,ilo,,n or concerted action by rrernbers of the Police Force designed to restrict, limit, or curtail the operations of the Police Force for the purpose of caipelling the Board to agree to terms or conditions of employrrent. ( 02) 'Ihere shall be no lockout of crembers of the police force, including the closing of a place of employment, a suspension of work or a refusal by the Board to continue to employ, for the purpose of carpelling the rrernbers of the police force to agree to terms or corrlitions of employment. ( 03) An alleged breach of clauses ( 01) arrl ( 02) may be referred to arbitration pursuant to s. 33 of the Police Act by the party alleging the breach notifying the other party to the .Agreerrent as provided in s. 33. The parties hereby agree that the single arbitrator to hear such grievance shall be one of the Panel provided hereunder (referred to herein as the "Arbitrator"). ( 04) Where circumstances warrant, the Arbitrator at the request of one of the parties may issue an interim decision birrling on the parties perrling a full hearing of the grievance. At the request of the party alleging a breach of clause ( 01) or ( 02) for an interim decision pending a full hearing, the Arbitrator shall convene a rreeting on not less than 24 hours notice to the parties to the llgreeirent. After receiving SLllTITiary representations in accordance with an expeditious procedure determined by the Arbitrator on interim decision may be issued directing what actions, if any, should be taken with respect to the alleged breach. The Arbitrator may dispense with such rreeting where in his discretion it is deerred appropriate. (05) As soon as convenient to the Arbitrator foll0n1ing the issuance of the interim decision, but in accordance withs. 33 of the Police Act, the Arbitrator shall convene a hearing of the grievance. In his decision after such hearing the Arbitrator may issue such further directions to the parties and/or the rrenbers and may award such canpensation or such other relief as in his discretion he deems appropriate. So as not to prejudge his decision on the matter until a full hearing is held, the interim decision shall, where practicable be issued without reasons arrl shall be non-precedental. - 93 - ( 06) The parties agree that the Arbitrator shall up:>n the request of either party after the date, if any, provided in the interim decision for corrpliance, file in the Office of the Registrar of the Supreire Court of Ontario a copy of the interim decision as provided ins. 33 of the Police Act. (07) Within 25 days of the issuance of this award by O.B. Shine, Q.C. the parties shall endeavour to agree to appoint not less than 3 persons to a panel, any one of whan may act as Arbitrator under this Article. If the parties fail to so agree, O.B Shine, Q.C. or a person designated by him may make such appointrrent. The party alleging the breach of (01) or (02) shall select the Arbitrator fran the panel camencing with the first narred Arbitrator provided that such Arbitrator is available to deal with any request for interim relief as provided hereunder. ( 08) The fees and disburseirents of the Arbitrator, including the cost and fees of any interim proceedings, shall be shared equally by the parties to the Agreeirent. ( 09) Notices under the Article shall be given in writing: to the Association at: 180 Yorkland Blvd. WILIO'IDALE, Ontario M2J 1R5 Attention: President and to the Metropolitan Board of camri.ssioners of Police at: 40 College Street TORONro, Ontario MSG 1K2 Attention: Secretary By signing this Merrorandum of Understanding, both parties do so without prejudice to their positions on the Judicial Review or subsequent appeals resulting therefran. - 94 - June Rowlands Art Lyner tbnlan Gardner Pti de Silva Alan Tonks Colin &ring Dezwyn Shea Roy Williams Stewart N:ilker Stanley .Makoch Gord Trotter SUsan .Eng Henry ~try Val Johnstoo. IbJg Corrigan John Arqrove

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