Contract 2009

ARTICLE 1: PURPOSE OF AGREEMENT

1.1 It is the purpose of this Agreement to promote and improve relations between the Employer and those of its employees who are represented by the Union, and to set forth the terms and conditions of employment of such employees, and to deal with the relationship concerning other matters as between the parties hereto.

ARTICLE 2: RECOGNITION

2.1 The Employer recognizes the Union as the sole bargaining agent of all Bus Operators, Certified Motor Vehicle Trade Technicians, all Specialized Transit Vehicle Operators and Specialized Transit Dispatchers/Reservationists and related service personnel of the Transit Services Division of the Regional Municipality of Waterloo, save and except for students, supervisors, those above the rank of supervisor, office and clerical employees, stock keepers and those employees represented by CUPE Local 1883 and CUPE Local 1656.

Students may be employed throughout the year to perform vehicle cleaning and required traffic, passenger counts or other related duties for the measurement of the transit operations performance. Students shall pay dues to CAW Local 4304.

2.2 For the purpose of this Agreement there shall be two (2) Departments - one department hereinafter referred to as department #1 (Conventional and Specialized), consisting of all persons employed as Bus Operators, Specialized Transit Vehicle Operators and Dispatchers/Reservationists. Another department hereinafter referred to as department #2 (Fleet), consisting of all persons classified as Certified Motor Vehicle Trade Technicians and related service personnel.

2.3 The parties agree that this agreement is subject to the rules of practice and procedure and regulations of the Labour Relations Act of the Province of Ontario, in all respects including successor rights.

ARTICLE 3: MANAGEMENT RIGHTS

3.1 The Union recognizes the right of the Employer to:

a) Operate and manage its business in all aspects in accordance with its responsibilities and the rights, powers and functions conferred upon the Employer by statute and/or by-laws of the Employer.

b) Hire, maintain order, discipline for just cause and to make and alter from time to time, rules and regulations.

c) The Employer shall be entitled, in an emergency, to use its supervisory personnel to operate the motor vehicles, and carry out related maintenance duties. In this respect, emergency shall mean a situation where no qualified bargaining unit employee is available on site.

d) The Employer shall be entitled to temporarily assign employees until such time as the position may be filled.

3.2 The Employer recognizes that the foregoing Clause 3.1 is subject to such procedures, regulations and/or restrictions governing the exercise of these rights as are expressly provided in this Agreement, and subject to the right of the permanent employees concerned to lodge a grievance in the manner and extent herein provided.

All matters concerning the operation of the Employer’s business not specifically dealt with herein shall be reserved to Management and be its exclusive responsibility.

ARTICLE 4: RULES AND REGULATIONSARTICLE 4: RULES AND REGULATIONS

4.1 The Employer has the right to make reasonable rules and regulations for the purpose of efficiency and discipline. The Employer will discuss with the Union all proposed changes in rules and regulations, seven (7) calendar days prior to such change(s) taking place, unless an emergency warrants immediate implementation. The Union may respond to such changes within the same seven (7) calendar days should they wish to do so.

ARTICLE 5: CHECK OFFARTICLE 5: CHECK OFF

5.1 It is agreed that all Employees covered by this agreement shall become and remain members of the Union in good standing as a condition of employment. During the term of this agreement, there shall be a compulsory check-off of Union dues upon all employees of the Employer to which this agreement applies.

5.2 Dues are defined for the purpose of this clause as the regular union dues and initiation fees as prescribed by the constitution of the Union and by-laws of the Union.

5.3 a) The Employer will upon completion of an authorization card, signed by an employee covered by Clause 5.1 deduct union dues weekly.

b) An initiation fee of twenty (20) dollars shall be deducted by the Employer from the first pay period of an employee after being hired.

c) The Employer shall be notified in writing by the Union thirty (30) working days prior to any required change in deductible assessments.

5.4 Such deductions will be made by the Chief Financial Officer and Treasurer of the Employer from the payroll weekly, and shall be forwarded to the Financial Secretary of Local 4304 not later than the 15th day of the month following in respect of which deductions have been made, accompanied by a list of all employees from whose wages the deductions have been made.

5.5 The Employer agrees to include on an employee's T-4 slip for Income Tax purposes the total Union dues paid for the year excluding any initiation fees.

5.6 The Union agrees to indemnify and save the Employer from claims or other forms of liability that might arise out of, or by reason of, deductions made or payments made in accordance with this Collective Agreement.

ARTICLE 6: STRIKES AND LOCKOUTS

6.1 During the term of this Agreement, the Employer agrees that there shall be no lockout and the Union agrees that there shall be no slowdown, strike, work stoppage or suspension of work, either complete or partial, for any reason by the permanent, temporary and part-time employees.

ARTICLE 7: CORRESPONDENCE

7.1 Copies of all resolutions of Regional Council that affect the employees covered under the terms of this Agreement, and Minutes of regular Council and Committee Meetings, shall be forwarded to the local President of the Union by the Employer.

7.2 All correspondence between the parties hereto arising out of this Agreement or incidental thereto, shall pass to and from the Director of Employee Relations or designate and the President of the local Union, with two (2) copies to the Local Chairperson.

The provisions of this Clause shall not apply to the dues deductions outlined in Article 5 and the Grievance Procedure outlined in Article 12.

ARTICLE 8: LAYOFF AND RECALL

8.1 a) In the event of a layoff, permanent employees shall be laid off by job classification within their department. The last permanent employee hired in a classification shall be the first permanent employee laid off in that classification, and the last permanent employee laid off in that classification shall be the first permanent employee recalled to that classification subject to Article 30.2 and Article 39.3.

Seniority shall govern within the respective department, provided that the permanent employees affected are of equal skill, ability and competence.

8.2 A permanent employee laid off may exercise their bumping rights within their department in any job classification in their bargaining unit having a rate of pay the same as theirs or lower providing they are bumping a permanent employee with less seniority and they presently possess the required skill and ability to perform the job.

8.3 Should circumstances require a reduction of employees, part time/temporary employees shall be laid off first and then permanent employees starting with the least seniority.

There shall be no guarantee of hours for reassigned permanent employees affected by the layoff however their permanent status and benefits will be maintained unless they are laid off.

Permanent employees affected by the layoff and who possess the required skill and ability to perform the work will accept all of the shifts offered and all of the terms and conditions of employment applicable to the temporary or part-time work available. A permanent employee’s recall rights shall not be affected by the fact that they have displaced a temporary or part-time employee. A permanent employee exercising their bumping rights will retain their rights to recall to their laid off classification.

8.4 In the event of a layoff the Employer shall discuss with the Union the job classifications to be laid off at least sixty (60) days before the effective date of the layoff, and confirm such in writing.

8.5 The Union shall be notified in writing of all employees being laid off and recalled.

8.6 Seniority protection for the purpose of recall shall be in accordance with Article 30 and Article 40 Seniority.

ARTICLE 9: UNION REPRESENTATION

9.1 The Bargaining Committee of the Union shall be composed of:

a) The Local President and Local Chairperson, or an alternate officer of the Local;

b) One representative from each area (Conventional, Specialized and Fleet)

The Union will advise the Employer of its appointees to the Bargaining Committee.

9.2 The Employer acknowledges the right of the Union to appoint or otherwise select a Grievance Committee.

9.3 The Union will advise the Employer of the names of the members of the Grievance Committee. Subject to the conditions of article 10.1, no more than three (3) members of the Grievance Committee shall meet with the Employer at any one time.

9.4 The Union shall have the right at any time to have the presence of a National Representative of the Union when dealing with the Employer.

9.5 All representatives of the Union who are granted time off during their regular work period to adjust a grievance or possible grievance, or meet with Employer representatives on Union business, or for bargaining for a collective agreement, shall be paid for such time at their basic hourly rate, and shift and licence premiums, not to exceed their regular daily hours of work. Where the employer requires a representative of the union to attend a meeting outside of the employee’s regular work period, all such hours in attendance at such meetings shall be paid at straight time to a maximum of eight (8) hours.

The request will be in writing or by electronic mail in advance of a requested leave. Where ever possible, forty-eight (48) hours notice will be provided to the Employer.

9.6 a) A Grievance Committeeperson will be released during working hours only for the investigation of grievances or to attend a meeting provided for by this contract.

b) If a Grievance Committeeperson wishes to be released to investigate a grievance, they will inform their supervisor of the nature and place of the grievance and the expected duration of their absence. Should the employee not be able to return to work within the expected duration of the absence, it is the responsibility of the employee to inform their supervisor that they will be late.

c) Upon entering the section or work area of a supervisor, other than their own, the Grievance Committeeperson will inform that supervisor of the nature of the grievance they are investigating.

d) If requested by the Grievance Committeeperson, the aggrieved permanent employee will be released to discuss their grievance, provided it will not cause a significant interference in their work schedule.

e) The Employer will pay the Grievance Committeeperson and the aggrieved permanent employee, or one (1) representative in the case of a group grievance, at their basic hourly rate for the time spent processing grievances, provided such activity takes place on Employer premises and that all requirements of this Article have been observed by the Grievance Committeeperson and the aggrieved permanent employee or group representative.

f) The Grievance Committeeperson will inform the aggrieved permanent employee’s supervisor when the investigation is completed. The Grievance Committeeperson will also inform their supervisor of their return to their regular job.

g) The Employer shall not be liable for the pay of any member of the Union executive or other permanent employee represented by the Union when involved in preparation for, or attendance at arbitration hearings.

h) Grievances shall not be investigated or processed while the permanent employees involved are working overtime.

i) There will be no abuse or excessive use of time spent investigating grievances.

9.7 The Union President or designate will be relieved from work and allowed twenty (20) minutes to acquaint a new employee(s) with the Collective Agreement and the Union’s function within one (1) month of the hire date of the new employee(s). The aforementioned twenty (20) minutes will be scheduled by the Employer. If the orientation is scheduled during non-working hours, a maximum of twenty (20) minutes straight time hourly rate will be paid.

9.8 In critical incidents, as referred to in Letter of Understanding #6, the Union President or designate shall be notified and may attend the scene. No Union Representative shall interfere with, impede or otherwise delay the accident investigation or completion of the accident report.

ARTICLE 10: GRIEVANCE PROCEDURE

10.1 It is the mutual desire of the parties hereto that complaints of permanent employees shall be adjusted as quickly as possible. Such complaints shall be acted upon in the following manner and sequence.

In this Article a grievance shall consist of a dispute concerning interpretation and application of the terms of this Agreement. If any question arises as to whether a particular dispute is or is not a grievance within the meaning of this Agreement the question may be taken up through the following steps of the grievance procedure and determined if necessary by arbitration.

In all of the steps where time limits are named as days only, it is agreed that Saturdays, Sundays and paid specified holidays except floating holidays are excluded.

Step 1

It is understood that a permanent employee has no grievance until they have first given their Supervisor or the Assistant Manager or nominee, as the case may be, an opportunity of adjusting their complaint.

In discussing such complaint, the permanent employee shall clearly indicate that the discussion is a Step 1 grievance. The permanent employee or the Employer may request the presence of a union representative. It will be heard by the Assistant Manager or their nominee. Such grievance shall be discussed with the Assistant Manager or nominee, within five (5) days after the circumstances giving rise to the complaint having occurred, and the Assistant Manager or nominee will render their decision within five (5) working days following the day on which the complaint was presented. Failing settlement, it may then be taken up as a grievance within three (3) days following the decision of the Supervisor or the Assistant Manager or nominee.

Step 2

Failing settlement at Step 1, the Chief Steward may file a written grievance with the Manager or nominee. The written grievance signed by the grievor, must contain the nature of the grievance, the remedy sought and the section(s) of the Agreement which are alleged to have been violated. The grievance must be filed in person or electronically with the Manager or Nominee. The grievance meeting will be held within five (5) working days after filing said grievance.

The Manager or nominee will deliver their decision in writing within five (5) days following the day on which the grievance is presented to them. They will also distribute copies of the original grievance and their answer to the Supervisor and Assistant Manager.

Failing settlement - then Step 3 may be invoked

Step 3

Within five (5) days following the decision under Step 2, the Grievance Committee may submit the written grievance in person or electronically to the Employer’s Director of Employee Relations or designate.

A meeting will be held within seven (7) days at which time the matter will be reviewed. The Director of Employee Relations or designate will deliver their decision within seven (7) days from the date on which the meeting was held under Step 3.

Failing settlement under Step 3, it may be submitted to Arbitration in accordance with Clause 10.3.

10.2 A policy grievance arising directly between the Employer and the Union alleging a violation of this Agreement, in regard to which an individual permanent employee could not grieve, may be originated under Step 3. Failing settlement under Step 3, it may be submitted to arbitration in accordance with Article 11.

Such grievance by the Employer or by the Union as provided in this Clause, may be lodged at any time within twenty (20) full calendar days after the circumstances giving rise to such grievance occurred or originated.

10.3 Failing settlement under the foregoing procedure of any grievance between the parties, arising from the interpretation, application or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration, as set forth in Article 11.

If no written request for arbitration is received within twenty (20) full calendar days after the decision under Step 3 is given, it shall be deemed to have been settled and not eligible for arbitration.

10.4 Replies to grievances shall be in writing at all stages with copies sent to the grievance committee.

10.5 All agreements reached under the grievance procedure between the representatives of the Employer and the representatives of the Union will be final and binding upon the Employer and Union and the permanent employee(s).

10.6 No adjustment affected under the grievance procedure or arbitration procedure shall be made retroactive prior to the date of the occurrence which resulted in the grievance being filed. This Clause shall not prevent the adjustment of pay caused by clerical errors in computation.

10.7 Where no answer is given within the time limits specified in the grievance procedure, the permanent employee(s) concerned, the Union and the Employer shall be entitled to submit the grievance to the next step of the grievance procedure.

10.8 The Employer will supply the necessary facilities for the grievance meeting.

10.9 A grievance arising from a complaint involving more than one (1) permanent employee may be considered a group grievance. The names and payroll numbers of all employees involved will be clearly indicated on the grievance. Either party may request a representative employee to be present at any step in the grievance procedure.

ARTICLE 11: ARBITRATION

11.1 Any dispute or grievance which has been carried through all stages of the grievance procedure in accordance with the Collective Agreement and which has not been settled, will be referred to a single arbitrator pursuant to the Ontario Labour Relations Act, at the request of either of the parties hereto, (subject to time limits in Clause 10.3).

11.2 The expense of the arbitrator shall be shared equally between the parties.

11.3 The time limits fixed in both the grievance and arbitration procedure, may be extended by mutual consent of the parties to this Agreement.

11.4 At any stage of the grievance or arbitration procedure, the parties may have the assistance of the grievor(s) and/or any other relevant witnesses, and all reasonable arrangements will be made to permit the conferring parties or the arbitrator to have access to any part of the Employer’s premises to view any working conditions which may be relevant to the settlement of the grievance.

11.5 The decision of the arbitrator shall be binding on both parties. The arbitrator shall not have any power to alter or change any of the provisions in this Agreement, or to substitute any new provisions for existing provisions, nor to give any decision inconsistent with the terms and contents of this Agreement as to the meaning of the decision.

ARTICLE 12: DISCIPLINE, SUSPENSION, DEMOTION AND DISCHARGE OF ANY EMPLOYEE

12.1 The following procedure is meant as a guideline for the Employer’s investigation of alleged misconduct of an employee. The same shall apply when interviewing employee witnesses.

a) When the Manager or designate deems it necessary to interview an employee, the employee will be interviewed in order to ascertain information as well as the employee’s views on the matter. Care will be taken to ensure privacy during the interview. The Employer will advise employees or employee witnesses that a union representative may be requested for any discussions with the Employer where discipline could result. Where union representative is requested, a union representative will be present. For the purposes of clarity, the parties agree that the aforementioned union representation does not pertain to meetings regarding operational or non-disciplinary performance issues. If an employee is required to meet alone with more than one member of management for a discussion, the employee may request union representation, and such representation shall not be unreasonably denied.

Employees who decline union representation will sign a waiver to that effect. Such waiver will be signed prior to any interview occurring.

b) Upon completion of the Employer’s investigation, the employee and the Union will be advised verbally of the conclusion(s) reached.

c) Nothing in this Article shall be construed as restricting the Employer’s right to stand down with pay or suspend without pay an employee pending the outcome of an investigation.

12.2 When disciplining an employee in writing, a copy of such notice shall be given to the Union. Such notice may be given verbally to the employee in question, prior to confirmation in writing.

12.3 A claim by a permanent employee that they have been unjustly discharged, suspended or demoted, shall be treated as a grievance if a written statement of such grievance is

lodged at Step 3 of the grievance procedure within five (5)

calendar days after the discharge, suspension or demotion

and the first steps of the grievance procedure will be omitted in any

such case. Suspensions will not be served until

Step 3 of the grievance procedure has been completed.

Such special grievance may be settled under the grievance

and arbitration procedure by:

a) confirming the Employer’s action in dismissing, suspending or demoting a permanent employee; or

(b) re-instating the permanent employee with full compensation and seniority for the time lost; or

12.4 Management, when imposing disciplinary action for a current incident, will not take into account any prior infractions which occurred more than twenty-four (24) months previous to such incident.

Discipline imposed as a result of a preventable collision will remain on file until the operator has twelve (12) clean months of preventable collision free driving.

12.5 a) In the event that Management receives any complaint which will form the basis of current or future discipline against an employee(s), the employee(s) will be provided with a copy of such complaint (including any documentation) prior to any meeting with the Assistant Manager or above, and will have the opportunity to review the complaint with a union representative immediately prior to any meeting with management. Only signed customer complaints against an employee will be considered for disciplinary purposes or become part of any employee's personnel file.

12.5 b) If a complaint is to be considered for disciplinary action, it must be forwarded in writing by the complainant to Grand River Transit within thirty (30) days of the incident in question. If such complaint is not received within the above time limit, the incident/complaint will not be considered for discipline, unless such complaint falls within the scope of the Criminal Code. A photocopy will also be presented to a member of the Union Executive.

c) Nothing herein will prevent GRT from interviewing employees concerning verbal complaints or emails. However, verbal complaints or emails must be followed by a written complaint to result in disciplinary action. Such record may be kept for twenty-four (24) months of the incident.

12.6 Union representatives shall be chosen from those who are available and preferably the physically closest available. This does not preclude a member or the Union from requesting issue specific representation.

ARTICLE 13: SPECIFIED HOLIDAYS

13.1a) The qualifying year for Conventional Operators shall be from November 1^st to October 31^st

b) The qualifying year for Specialized Operators and Dispatchers/Reservationists shall be from January 1st to December 31st of the current year.

13.2 Each permanent and temporary employee covered by this Agreement is entitled to twelve (12) paid specified holidays regardless of the day on which the holiday occurs, and who has worked their regular shift on their regular work day preceding such holiday and the regular work day succeeding such holiday, or has obtained authorized leave of absence for such work day, the Employer has agreed to pay compensation and provided further that such permanent or temporary employee works on such day if they are scheduled to do so. The holidays to which this will apply are:

New Year’s Day; Family Day; Good Friday; Easter Monday; Victoria Day; Canada Day; Civic Holiday; Labour Day; Thanksgiving Day; Remembrance Day; Christmas Day; Boxing Day.

Employees signed to a piece of work for a week in which a holiday falls, shall be paid shift value for that holiday.

If the Specified Holiday falls within the employee’s annual vacation the employee may choose to receive an extra day’s pay in the week following the specified holiday or an extra day off (lieu day) to be taken within the same calendar year. The decision as to which shall apply must be made by the employee during the respective vacation sign-up.

With the exception of Easter Monday and Remembrance Day, if the Specified Holiday falls on an employee’s day off the employee may choose to receive an extra day’s pay in the week following the specified holiday or an extra day off to be taken within the following 12 months. The decision as to which shall apply must be made by the employee during the respective bidlist sign-up.

The Employer will make available a schedule for vacation/lieu/floater specified holiday days off as outlined below. It is understood that these shifts may be covered with part-time employees.

CONVENTIONAL OPERATIONS

LOCATION	SIGN UP PERIOD	NUMBER OF DAYS AVAILABLE: WEEKDAYS SAT SUN
KW Service Area	Fall	5	4 2
	Christmas	6	6 4
	Winter	5	4 2
	Spring	5	4 2
	Summer	6	6 4
Cambridge Service Area	Fall	3	2 1
	Christmas	4	4 2
	Winter	3	2 1
	Spring	3	2 1
	Summer	4	4 2

MobilityPLUS

LOCATION	SIGN UP PERIOD	NUMBER OF DAYS AVAILABLE: WEEKDAYS SAT SUN
KW Service Area	Fall	1	1 1
	Christmas	1	2 1
	Winter	1	1 1
	Spring	1	1 1
	Summer	1	2 1
Cambridge Service Area	Fall	1	1 1
	Christmas	1	1 1
	Winter	1	1 1
	Spring	1	1 1
	Summer	1	1 1
Dispatch	Fall	1	1 1
	Christmas	1	1 1
	Winter	1	1 1
	Spring	1	1 1
	Summer	1	1 1

The individual scheduling of lieu days, floater, specified holidays and vacation days will be on a first request basis and requires mutual agreement of the employee and the respective Manager and/or requirements and scheduling priorities.

All permanent and temporary employees covered by this Collective Agreement shall be granted an additional paid holiday called floater holiday. The individual scheduling of this floating holiday will be on a first request basis and requires mutual agreement of the employee and the respective Manager and/or requirements and scheduling priorities.

The following qualifications will apply to the floater holiday:

a) it must be taken during the calendar year

b) failure to take the floater results in the unused floater being paid out with the first full pay in January.

c) the floater holiday will not apply to employees unless they have been employed by the Employer thirty (30) days before the third Monday in February.

13.3 This Article does not apply to employees in receipt of Long Term Disability benefits.

ARTICLE 14: LEAVE OF ABSENCE

14.1 Leave of absence without remuneration will be granted for Union business and may be granted to any permanent employee up to a maximum of three (3) months.

During such leave of absence, no permanent employee may accept employment for wages or salary except with the Union or any other labour organization affiliated to the Canadian Labour Congress. Should an employee fail to observe this ruling, they shall forfeit their standing on the seniority list, unless permission has been granted by mutual arrangement between employees, the Employer and the Union.

14.2 a) Not more than two (2) permanent employees at any one time may be granted unpaid leave of absence to work in an official capacity for the Union for any period up to three (3) months.

14.2 b) Up to six (6) Union members may be granted leave of absence for a period not to exceed seven (7) consecutive calendar days for the purpose of attending to Union business. Such leave shall not cause a significant impact on the employer’s ability to meet service requirements.

All requests for such leave must be made in writing to the Director, Transit Services or designate with a copy to the Director, Employee Relations or designate, and be signed by the President of the Union or designate and the permanent employee(s) concerned.

14.3 Notwithstanding the provisions of 30.2(d) & 40.3(d), unlimited leave of absence without remuneration may be granted by the Employer to no more than one (1) permanent employee to work in an official capacity in a full-time position as a representative of the Union. All requests for such leave must be made in writing to the Director, Employee Relations and be signed by the Union and the permanent employee concerned.

14.4 The Employer may grant leave of absence for any reason it sees fit, but under no circumstances shall a leave of absence be granted for the purpose of engaging in work outside the Employer’s service. Unpaid leaves of absence shall only be considered once all floaters or lieu days have either been used or paid out. Such unpaid leave of absence shall not be unreasonably requested or withheld.

14.5 Upon request, the Employer will provide Compassionate Care Leave in accordance with the provisions of the Employment Standards Act to an employee who is providing support or participating in the care of a family member with a terminal illness.

Family member is defined as an employee’s spouse, including common-law or same-sex partner; child, including step child or foster child; or parent, including step-parent or foster parent.

14.6 Pregnancy/Parental Leave

Pregnancy/Parental leave will be granted in accordance with the provisions of the Employment Standards Act.

14.7 Family Time

Permanent full-time employees are entitled to utilize up to five (5) days of accumulated sick leave in a calendar year, to attend to family illness. Family members are defined as an employee’s: spouse (including common-law or same-sex partner); child (including step child or foster child); or parent (including step parent or foster parent).

ARTICLE 15: JURY DUTY AND ATTENDANCE IN COURT

15.1 Permanent employees who are required to serve as jurors or subpoenaed witnesses in any court shall be granted leave of absence for these purposes. Such leave shall not constitute a break in service for the calculation of seniority or sick leave credits. Prior to jury duty or as a subpoenaed witness, such permanent employee shall present to their Director, Transit Services, a satisfactory certificate showing the period of such service.

15.2 Such permanent employee will be paid their crew/shift value based on their normal scheduled work day for the period of such jury duty or attendance as a witness, provided they deposit with the Commissioner, Human Resources or designate, the full amount of compensation received, less the amount earned on their days of rest, excluding mileage and travelling expenses, and an official

receipt therefore.

15.3 The aforementioned compensation is contingent upon the fact that the employee does suffer loss of pay because he/she performed jury or witness duty.

15.4 If a permanent employee is subpoenaed by the Employer to appear as a witness for or on behalf of the Employer on a signed for scheduled day off, the employee will be paid their crew/shift value providing they present to the Director, Transit Services a satisfactory certificate showing the period of such service, and further provided they deposit with the Chief Financial Officer and Treasurer of the Employer the full amount of compensation received from the court.

The intent of Article 15.4 is that only in instances where the Employer is subpoenaing the permanent employee will payment be made. If the subpoena is issued on behalf of anyone else this language does not apply.

15.5 An employee who is charged with an offence for any act or omission arising out of carrying out the employee’s duties may have their legal costs paid by the employer in accordance with the Region’s Bylaw titled “A By-law to Provide for the Indemnity and Defence of Councillors and Employees of the Regional Municipality of Waterloo Against Liability Incurred while Acting on Behalf of the Regional Municipality” Bylaw number 95-036. A copy of this bylaw will be made available to any employee upon request.

ARTICLE 16: BEREAVEMENT PAY

16.1 In case of a death of a permanent employee’s spouse, father, mother, stepfather, stepmother, child or stepchild, the Employer shall grant a leave of absence of five (5) consecutive working days to the permanent employee with pay based on their crew/shift value. Such days are to be taken within either five (5) working days before or after the day of the funeral.

In the case of a death in the immediate family of a permanent employee, the Employer shall grant a leave of absence of three (3) consecutive working days to the permanent employee with pay based on their crew/shift value. Such days to be taken within either five (5) working days before or after the day of the funeral.

"Spouse" shall be defined as per government regulations. The term “spouse” shall be deemed to include a common-law spouse provided that the employee has previously declared the common-law relationship in writing to the Human Resources division in the manner and form prescribed by the Employer.

“Immediate family” shall be deemed to mean - brother, sister, mother-in-law, father-in-law, grandparents or grandchild.

16.2 In respect to attendance at the funeral of a step-brother, step-sister, brother-in-law, a sister-in-law, spouse’s grandparents, son-in-law, or daughter-in-law, the Employer shall grant a leave of absence of one (1) day to the permanent employee with pay, based on their crew/shift value of their normal scheduled work day.

16.3 Where an employee is a pall bearer for a present employee or a retired employee of ten (10) years of service or more, such employee will be granted a one (1) day paid leave to act as a pall bearer.

ARTICLE 17: MEDICAL EXAMINATIONS

17.1 Employees who are unable to assume their normal duties on any working day, must notify the Supervisor prior to the commencement of their regular shift. An employee who is absent by reason of illness or injury, may be required to furnish a medical certificate specifying the individuals capabilities and limitations as they relate to the job duties from a duly qualified medical practitioner for each such absence - this certificate to be submitted to the Supervisor and/or Assistant Manager by the employee prior to coming to their work assignment. The Employer shall pay 100% of the cost of any such required medical certificate, providing such certificate is satisfactory to the Employer.

17.2 An employee may be required to submit to an examination by the Employer’s medical examiner or by another physician selected by the Employer. The employee and the Employer shall be entitled to a copy of the report of such examination. The Employer will pay the cost of the medical examination.

If the employee is not satisfied with their rating following such examination, they will have the right to be examined by their own physician. If the report of the employee’s physician is contrary to their first report, they will be examined by a third physician satisfactory to both parties.

The third physician will be requested to complete a standard medical examination form but will not be informed of the reason for the examination. The results of such examination shall not be disclosed to the Employer without consent of the employee, who may wish to use the same in support of a claim for special consideration.

17.3 Permanent employees who are required to undergo a Ministry of Transportation medical in order to maintain a driver’s licence, and such licence classification is a condition of employment, will have the cost of such medical paid for by the Employer.

ARTICLE 18: INVESTIGATIONS OF ACCIDENTS / INCIDENTS

18.1 All employees involved in a collision while on duty must remain at the scene of the collision and report it to a supervisor immediately. All employees must complete their initial accident/incident reports at the scene of the accident/incident and complete same within their scheduled hours of work. In certain instances Management will direct that the accident/incident report be completed after their shift at a time outside of normal hours of work in which case the employee will be paid at the appropriate rate of pay, but the report shall still be completed on the Employer’s premises. Where an employee is unable to complete the accident/

incident report the day of the accident/incident due to a reason acceptable the Employer, the report must be completed by noon the following day at a time outside of their scheduled hours of work (i.e. not relieved) at the appropriate rate of pay. In all cases the completion of the accident/incident report shall be on the Employer’s premises. The parties further agree that Article 34.1 is not applicable.

One (1) Union representative will be on the Collision Review Committee. In the event an employee is assessed as having a preventable accident/incident, the parties agree that the penalty will not form part of the employee’s file until such time as the appeal process has been completed.

Accident appeals shall have at least one management staff who has bus driving experience.

ARTICLE 19: OPERATIONS AND UNION MANAGEMENT COMMITTEES

19.1 There shall be an Operations Committee. The Union shall appoint eight (8) members to the Committee as follows:

two (2) from North Conventional

one (1) from South Conventional

one (1) from North Fleet

one (1) from South Fleet

one (1) from Specialized Vehicle Operators (North)

one (1) from Specialized Vehicle Operators (South)

one (1) from Specialized Dispatcher/Reservationist

19.2 The Employer shall appoint members from its supervisory staff as required.

19.3 The Operations Committee shall meet once each month. Employees attending Operations Committee meetings who have been relieved from their scheduled duties to attend such meeting, shall be paid for all regularly scheduled hours. Employees attending these meetings on their own time shall be paid for a maximum of three (3) hours.

Meeting times as above shall not be deemed to be time worked for the purpose of calculating overtime or spread time pay.

Operations Committee meetings shall deal with matters pertaining generally to the welfare of both parties to this Agreement. Improvement in service and operations shall be discussed. Terms of Reference shall be reviewed annually during a regular meeting.

19.4 Meetings of Union Management Committee, with not more than seven (7) employees, who are members of CAW Local 4304, two (2) of whom shall be part of the Union Executive, shall be held monthly or at a time mutually agreed upon by the parties. The parties agree to forward agenda items in writing seven (7) days in advance of the meeting. If no agenda items are received the parties mutually agree to cancel the meeting. It is agreed that such meetings are for the sole purpose of discussing issues arising from the application or interpretation of the collective agreement. Matters which are the subject of open grievances which have been filed shall only be discussed at the union management meetings with the agreement of both parties and only where all other matters on the agenda have been dealt with.

19.5 a) There shall be three scheduling committees. Two for Conventional Operations and one for MobilityPLUS. The Scheduling Committees shall meet five (5) times per year. Employees attending Scheduling Committee meetings who have been relieved from their scheduled duties to attend such meetings, shall be paid for all regularly scheduled hours. Employees attending these meetings on their own time shall be paid for a maximum of two (2) hours.

The Union shall appoint three (3) members to the Conventional Operations North Committee, two (2) members to Conventional Operations South Committee and two (2) to the MobilityPLUS Committee.

Improvement in service and scheduling shall be discussed. Terms of Reference shall be reviewed annually.

19.5 b) Conventional Operations/MobilityPLUS:

Management will meet with the Union representatives of the scheduling committees (KWSA, CSA and MobilityPLUS - to a maximum of 6 CAW representatives) in a joint meeting to identify and discuss operator concerns with routes and schedules. If requested, the Director of Transit Services and the Director of Employee Relations will attend such meeting. This meeting will take place in the fall of the year with a follow up meeting early in the new year. These meetings are intended to respond to issues identified on a priority basis and to provide input to subsequent signups and the budget for the following year. If such changes do not require budgetary consideration, the Employer will undertake to make its best efforts to implement the change to the routes/schedules by the next signup.

ARTICLE 20: BULLETIN BOARDS

20.1 Locked (at the Union’s expense) bulletin boards shall be provided in all departments for Union purposes. The Union shall have the right to post general notices of Union activities but shall not, however, post notices which are of a civic or personal nature or notices which are derogatory.

ARTICLE 21: EMPLOYEES

21.1 There shall be various categories of employees. There shall be permanent employees, temporary employees, part-time employees and apprentice employees.

Permanent Employees - shall be any regular full-time employee filling any position covered by and holding seniority rights under the terms of this Agreement. Permanent employees are the only employees coming within the entire scope of this Agreement.

Part-Time Employees - part time employees may be employed but shall not exceed a maximum of twenty per cent (20%) of the total CAW Local 4304 workforce. CAW Local 4304 retirees would be deemed to be excluded from the maximum of twenty per cent (20%) number. Such part time employees shall not work in excess of twenty-four (24) hours in a week or the equivalent of three (3) full shifts whichever is greater. A full shift shall be defined as a piece of work identified in the bid list. In cases where three (3) full shifts are used a part time employee shall not exceed a total of twenty-four and one-half (24.5) hours. Part time employees shall be used only to supplement the full time work force. All regularly scheduled service shall be part of the regular full time operator bid list.

The employer agrees to provide the Union on a weekly basis, a full report from both north and south divisions of all hours and shifts worked by part time employees.

The purpose of part time employees is to enable the Region to meet its operational requirements when full time employees are not available for their regular schedule.

Part-time employees are within the scope of this Agreement only insofar as basic pay, travel time, report time, lunch (travel time, report time and lunch not to be included in hours worked), check off, and the Grievance and Arbitration Procedure in respect to discipline only.

Temporary Employees - shall be any employee working in any position for any period up to ten (10) months. Temporary employees may be posted to a position as a permanent employee at any time during the period of such employment. Any temporary employee retained for a period of more than ten (10) months shall automatically become a permanent employee. Temporary Employees shall be used to replace permanent employees on extended absences (i.e. a week or more). In Specialized only, temporary employees may be used to cover vacation.

Temporary employees are within the scope of this Agreement only insofar as basic pay travel time, report time, lunch, check off, and the Grievance and Arbitration Procedure in respect to discipline only.

ARTICLE 22: PAY PERIOD

22.1 The interval between pay days shall be no longer than seven (7) calendar days.

ARTICLE 23: COPIES OF AGREEMENT

23.1 The cost of printing copies of this Agreement, which shall be printed in a unionized shop, shall be borne by the Employer.

ARTICLE 24: JOB SECURITY

24.1 No employee who has completed their probationary period shall be laid off as a result of the Employer exercising its

right to contract out.

24.2 In the case of warranty work, the Employer shall endeavour to have such warranty work completed by appropriate agents of the original equipment manufacturer (OEM). When viable, the Employer will arrange to provide training and courses that will furnish the bargaining unit employees with such certification necessary to complete such warranty work. In such cases where the OEM agrees and it is viable for the Employer, a Regional employee with such certification may complete such warranty work.

24.3 Where practical and viable, should the manufacturer's agent perform the work at the Employer's facility, a tradesperson shall be assigned to accompany and assist the agent performing the work. The Employer agrees to provide these work assignments at a minimum of twelve (12) times per calendar year.

24.4 No less than thirty (30) days before the Employer makes a recommendation to any Committee of Council to contract out work or services that could be performed by employees of the bargaining unit, the Employer shall make available to the Union any relevant information in its possession if requested, and which it can reasonably obtain that may be required by the Union to evaluate the work to be undertaken in order to discuss the matter with the Employer.

24.5 The Employer agrees to review the ridership statistics with respect to Bus Plus with the Union on a semi annual basis. At the point that Bus Plus ridership statistics warrant conversion to a Conventional route, the employer agrees to review the transition plan and identify any issues, solutions and timelines for implementation.

24.6 The Employer agrees to review the ridership statistics with respect to MobilityPLUS contracted services with the Union on a semi annual basis.

ARTICLE 25: VEHICLE SAFETY AND DRIVER'S LICENCE

25.1 It is to the advantage of both the Employer and the employees that employees should not operate vehicles which are not in a safe operating condition and which are not equipped with safety appliances required by law. It shall be the duty of employees to report promptly in writing to the Employer all defects in equipment. It shall be the duty of the Employer to maintain all vehicles in a safe operating condition and in accordance with the law. It shall be a violation of this Agreement if an employee refuses to operate equipment unless such refusal is justified under the Occupational Health and Safety Act and/or the Highway Traffic Act.

25.2 It is a condition of employment that an employee at all times shall hold a valid driver’s licence in the required licence classification. Further, it is the obligation and responsibility of the employee to immediately inform the supervisor in writing of the loss of driving privileges and/or driving prohibition and/or the change in any classification. In any case, where an employee has lost their driving privileges, they shall immediately be prohibited from operating any Regional motor vehicle. Upon notification of loss of driver's licence and/or driving prohibition, the employee will be laid off from work for the same period and length of time that the employee cannot perform all regular duties.

Where an employee has had their licence suspended or received a reduction in a required licence classification for medical reasons, the employee shall immediately advise their supervisor. The Employer agrees to provide reasonable accommodation to the point of undue hardship in such cases.

ARTICLE 26: EMPLOYEE BENEFIT PROGRAM

26.1 Each permanent employee shall be entitled to pension and sick leave payments as provided for in the by-laws of the Employer.

26.2 An outline of the Hospital and Medical Care Plans, Group Life Insurance, Basic Dental Plan, Extended Health Care, Long Term Disability Plan, Workplace Safety Insurance Benefits, Sick Leave and Pension benefits is contained in Schedule “C” attached hereto and forming part of this Agreement.

ARTICLE 27: HEALTH AND SAFETY

27.1 The Employer agrees to make all reasonable provisions for the health and safety of all employees during working hours by providing the necessary safety devices, clothing or equipment that may be required for the protection of its employees. The Employer will further attempt to resolve health and safety issues in an effective and efficient manner within reasonable time frames. The employees will co-operate by observing safety practices.

The Employer further agrees to maintain for the life of the agreement the current standards as laid out in the Occupational Health and Safety Act R.S.O. (1990) as a minimum standard in effect as of the date of ratification of this agreement pertaining to:

a) Joint Health and Safety Committee (s. 9 of OHSA)

b) Company Duties (s. 25 OHSA)

c) Disclosure of Information [ss. 26 (1)(c)(d)(e)(f)]

d) Right to Accompany Inspectors (ss. 54 (3))

e) Right to Refuse Unsafe Work (s. 43)

27.2 The Employer will pay the cost of legislated certification training for all labour members of the Joint Health and Safety Committees. Such training could be provided by the Workers Health and Safety Centre or any other WSIB certified training centre.

ARTICLE 28: TECHNOLOGICAL CHANGE

28.1 Technological change shall be defined as the introduction of equipment different in type from that previously utilized which negatively affects an employee’s employment status such that the person is declared redundant or the hourly rate of pay is reduced. The Employer agrees to notify the Union of such technological change as far in advance of its intentions and plans but at least sixty (60) days in advance of the introduction of the change.

Such notice shall be given in writing and shall contain pertinent data including:

a) the nature of change (e.g. changes to working conditions, terms and conditions of employment, and skills required)

b) the approximate date of which the Employer proposes to effect the change

c) the approximate number, type and location of employees likely to be affected by the change.

The Employer shall provide the Union with regular information updates.

The parties shall meet to discuss the following options, in the order listed, for any employee whose position is declared redundant or who is affected by displacement as a result of technological change:

a) placement in a vacant position of equal or lesser classification for which the employee possesses the skills and ability;

b) bumping any less senior employee, provided the employee already possesses the necessary skill and ability to perform the work available, with a five (5) working day orientation period;

c) training at the Employer’s expense, for a period of time not to exceed two hundred and forty (240) hours over two months, if needed to provide the employee with the skills required by the new method of operation or to fill an existing vacancy of equal or lesser classification.

DEPARTMENT # 1

ARTICLE 29: PROBATION OF EMPLOYEES

Note: Where there is language listed in department #1, language applies equally to Conventional and Specialized Transit unless it is specified by an asterisk (**).

29.1 All persons hired to be permanent employees, shall be on probation for ninety (90) days worked. The Employer may terminate a probationary employee for any reason provided it does not act in bad faith.

ARTICLE 30: SENIORITY

30.1 The Employer will provide the Union President a seniority list for department #1 twice per year, showing names, positions and seniority date of each permanent employee.

30.2 Seniority status once acquired by permanent employees will be lost only for the following reasons:

a) voluntary resignation;

b) discharge for just cause not reversed through the grievance procedure;

c) continuous non-employment by reason of layoff, sickness or accident for a period of time equal to one- half (1/2) the length of their seniority at the time the absence or layoff commenced, or for a period of twenty- four (24) months, whichever is the lesser; unless medical information indicates that a return to work is possible. In this case, the Employer will accommodate the employee to the point of undue hardship.

d) subject to the provisions of Article 14 herein, continuous non-employment for any reason not identified above, for a period of time equal to one-half (1/2) the length of their seniority at the time the absence commenced or for a period of twelve (12) months, whichever is lesser;

e) failure to signify intention to return to work after recall from layoff within seven (7) calendar days following proper notification by the Employer by registered mail sent to the permanent employee at the last address provided by the permanent employee to the Employer, and failure to return to work after an additional seven (7) calendar days following such notification.

If a permanent employee notifies the Employer within said seven (7) calendar days that they are unable to return to work within the prescribed time for a legitimate reason, their name will not be struck from the seniority list. Their name, however, may be passed over and the next in line of seniority may be recalled. These time limitations may be extended for valid reasons, such as sickness, death in the family, accident and other legitimate reasons.

f) absence from work without justifiable excuse for a period of three (3) consecutive scheduled working days.

In the event that a permanent employee has so lost their seniority status, they shall no longer be regarded as a permanent employee covered by this Agreement, and the Employer shall not be obligated to rehire them.

30.3 If any permanent employee having served their probationary period becomes disabled and unable to continue in their regular job, then preference will be given to them in filling any other job vacancy for which they have the skills, qualifications and abilities to fill at the prevailing rate for the new job within the bargaining unit. The Employer agrees that it has the duty to accommodate to the point of undue hardship in accordance with the Ontario Human Rights Code.

30.4 A permanent employee, transferred or promoted to a position outside of the bargaining unit or to a different seniority list, but within the Transit Division, shall continue to accumulate seniority the same as if they were working at the job at which they were working when so transferred:

a) for a period of three (3) calendar months in the event they move to a permanent vacancy outside of the bargaining unit or to a different seniority list, unless prior to the expiration of three (3) calendar months they are returned to the bargaining unit, in which case the Union shall be advised in writing a minimum of forty eight (48) hours prior to their return.

b) for a period of twelve (12) continuous calendar months in the event they move to a temporary vacancy outside of the bargaining unit. This may be extended by mutual written consent of the parties.

If a promoted or transferred permanent employee returns to their former position within the period referred to above, they shall be placed at the bottom of the seniority list for work preference until the next sign-up.

A permanent employee continuously acting in a temporary supervisory position shall accumulate seniority and pay union dues for up to six months. If the employee continues in this position after six (6) months (but not to exceed twelve (12) calendar months), the permanent employee’s seniority will be frozen and no union dues will be deducted.

30.5 A part-time employee or temporary employee who is hired to a permanent employee without a break of at least two (2) weeks in service shall be credited with one half (½) of their in-service hours worked towards their probationary period to a maximum of forty five (45) days.

30.6 There shall be two seniority lists in department #1. One list shall be for Conventional Transit Operations staff and one shall be for Specialized employees. There will be divisional seniority lists (north and south) for the purposes of Article 32 (Vacation), Article 33 (Overtime) and Article 36 (Sign up).

There shall be three (3) part-time seniority lists as follows. Placement on seniority list shall be based on hours worked since last date of hire.

1) Part time Conventional

2) Part-time Specialized Transit

3) Part-time Department 2 – Fleet

ARTICLE 31: JOB POSTING

31.1 The Employer will place a permanent job posting in all departments covered by this Agreement. Interested members of the bargaining unit may place an application at any time. Qualified applicants may be considered when vacancies occur. When a full time vacancy becomes available the employer must fill a vacant position within six (6) weeks from the date the vacancy occurs.

31.2 In filling a posting, regard will be had to skill, competence and ability, and in the event that those qualifications are relatively equal as between permanent employees, the permanent employee with the greater seniority shall be selected. Any posting that is not filled by a permanent employee shall be offered to the most senior part-time/temporary employee (excluding retirees) who already possesses the required skills, qualifications, competence and ability to perform the work available.

External applicants shall not be considered until the internal hiring process has been completed and management has determined the applicants from within the bargaining unit do not meet the requirements of the job vacancy.

31.3 The Union shall be advised by email as to the outcome of all job postings and appointments, cancellations or changes, as soon as the outcome is known. An objection by an applicant to a selection for a job posting shall be construed as a grievance and shall be dealt with in accordance with the grievance procedure.

31.4 The Union shall be notified in writing of all appointments, promotions, hiring, layoffs, rehirings, and terminations of employment.

31.5 a) A vacancy for a supervisor in department #1 shall be posted for a period of seven (7) calendar days. The Employer shall give first consideration to applicants from department #1 however, the Employer shall not be obligated to select a Supervisor from the applications submitted from department #1.

b) An objection by the Union to the outcome of this selection process as outlined in this Clause cannot be processed through the grievance and arbitration procedure.

31.6 If the Employer declares a vacancy in either the north or the south division, employees on the same job description in the other division will be entitled to apply under the following conditions:

a) If the vacancy is in the north division, employees in the south division will be entitled to apply and vice versa.

b) If a vacancy in the north division is filled by an employee from the south division, employees in the north division shall be entitled to apply for the resulting vacancy in the south division and vice versa.

c) All further resulting vacancies created by the movement of employees between divisions (North and South) shall be filled in accordance with Article 31.2

ARTICLE 32: VACATIONS

32.1 Vacations must be taken within the twelve (12) month period commencing the winter sign-up in each year and vacations shall not be accumulated. Permanent employees entitled to three (3) or more weeks vacation may be granted the privilege of carrying one (1) week’s vacation to the next vacation period. Requests shall be made in writing to the Director, Transit Services or designate at least two (2) months in advance of the vacation sign-up. Granting of such requests will be at the sole discretion of Management. Where such permission is granted, the one (1) week carry-over must be signed for in accordance with the normal vacation signup procedure the next vacation signup. Employees with five (5) weeks vacation or more could access a week of single days. They would need to notify the Director, Transit Services or designate two (2) months in advance of the vacation sign up of their intention to book the days during the upcoming work period.

32.2 Eligibility for paid vacations shall be determined on November 1st of each year, and shall be on the following basis:

Effective January 1, 2010 vacation year, vacation

entitlement shall be determined as follows:

Less than 1 year - 1 day per completed month of service

(max. ten (10) days)

Not less than 1 year -

But less than 2 years 2 weeks

Not less than 2 years -

But less than 7 years 3 weeks

Not less than 7 years -

But less than 15 years 4 weeks

Not less than 15 years -

But less than 23 years 5 weeks

Not less than 23 years - 6 weeks

But less than 29 years

Not less than 29 years - 7 weeks

32.3 Vacation pay shall be made at the rate of two percent (2%) of the employee’s gross earnings as defined below for the vacation year for each week of vacation entitlement or at the employee’s current basic rate of pay plus shift premium if applicable, whichever is the greater.

For purposes of clarification of gross earnings, it shall consist of pay for the Specified Holiday, and shift premiums in addition to gross hourly wages earned including overtime.

32.4 a) In the vacation year, permanent Conventional employees shall receive forty-two and one-half (42 ½) hours pay for each week’s vacation to which they are entitled. Vacation pay-up will be on the last pay date of November of each year.

b) For Specialized employees, vacation pay shall be forty (40) hours for each week’s vacation to which they are entitled. Vacation pay-up will be on the last pay date of January of each year.

32.5 When the employment of a permanent employee is terminated, they shall be paid a proportionate amount of salary or wage for any unused or accrued vacation credits.

32.6 The vacation sign-up shall be conducted in the following manner. By November 1st and thereafter each year, the following shall be posted by Management:

a) a vacation entitlement list, listing the number of weeks each permanent employee is entitled to in the upcoming vacation period. Employees are listed according to seniority.

b) a vacation schedule for the following calendar year, detailing the actual vacation weeks and the number of permanent employees eligible to sign in each week.

c) a vacation sign-up schedule listing the location, the dates, the start time, and order of actually signing for each permanent employee. Employees are listed according to seniority.

d) the dates shall be consecutive calendar days, excluding Saturdays and Sundays.

The vacation sign-up shall be held at the location listed on the vacation sign-up schedule. The vacation sign-up shall commence at the specified time each day, after which permanent employees shall sign by seniority (as listed on the vacation sign-up schedule). The vacation sign-up shall be jointly conducted by one (1) Representative of Management and one (1) representative of the Union. The Union representative shall be paid by the Employer.

Permanent employees shall be prepared to sign on the date and at time requested. A sign-up schedule listing the location, the dates, the start time, and order of actually signing for each permanent employee shall be determined. Permanent employees are listed according to seniority. All employees will be assigned a specific ten (10) minute period of time to sign and must be finished signing, prior to or when their ten (10) minute time segment expires.

Employees not available for sign-up personally, or by telephone or transit radio, shall be required to arrange for a proxy to sign up on their behalf at the scheduled time. Such a proxy shall be authorized in writing, signed, and dated by the employee appointing the proxy, and shall be submitted to Management prior to commencement of the vacation sign-up. Any permanent employee who fails to sign up by a means previously stated, within their time period, shall have their vacation scheduled at the discretion of the Management and Union representatives conducting the sign-up.

32.7No permanent employee shall be entitled to take more than two (2) weeks vacation during the period commencing with the fourth Monday in June and ending with the Sunday before Labour Day. However, any employee entitled to three (3) or more weeks vacation may elect to hold one (1) week on the premise of obtaining an additional week during the above period. Any employee may elect to hold back week(s) to sign later on with another employee. Any employee choosing this option shall notify the Union President or nominee and Management representative conducting the sign-up.

**Vacation weeks that were “held back” will be inserted into the vacation sign up holiday spare number that corresponds to the seniority of the operator who held the week back. In addition, when operators leave the employ of the Region thus creating “open” weeks in the vacation board, it will be adjusted prior to each work sign up. These adjustments will ensure that holiday spare work is aligned in seniority order.

Vacations shall not be divided into periods of less than one (1) week with the exception of article 32.1.

Employees with less than one (1) week’s credited vacation may not schedule their vacation entitlement during the above mentioned period.

32.8 Subject to the provisions of this Article, all vacations shall be scheduled by the Employer having regard to seniority and the work and service required to be done and provided.

32.9 Vacation pay shall be paid by the Payroll Division in accordance with the vacation schedule completed by permanent employees in accordance with Article 32.6

32.10 Employees who are returning from Long Term Disability benefits will be entitled to unpaid vacation time based on their vacation entitlement.

ARTICLE 33: HOURS OF WORK AND OVERTIME

33.1 The standard work week for permanent and temporary employees in Department #1shall be forty (40) hours over five (5) days within any seven (7) consecutive day period, commencing with a Monday, and shall be paid a minimum of eight (8) hours pay per day worked. Failure to perform the work as assigned will result in forfeiture of the minimum for the day. It is understood that the provisions of this Article shall not be a guarantee as to hours of work per week, nor as a guarantee of working schedules. For purpose of this Article, computation of eight (8) hours shall include start up time and lunch time. A permanent or temporary employee who is required to work on their scheduled days of rest shall be paid in accordance with Article 33.12 . This Article shall not apply to employees called-in to work under the provisions of Article 34.

33.2 Permanent, Temporary and Spare-Board Operators will be provided with two (2) designated days of rest within any seven (7) consecutive day period, commencing with a Monday.

** Work which cannot be accomplished by Spare-Board Operators during their regular work week will be offered to all available operators. If insufficient operators volunteer or accept such work, the Employer reserves the right to re-assign the work to any available operator on a reverse seniority basis, unless it is an operator’s scheduled day off. The posted paid hours of pay shall apply.

33.3 Days off are established in relationship to routes and schedules and, therefore, any rearrangements of days off as between Operators shall be subject to the approval of the Assistant Manager or nominee. It is agreed that time worked under the terms of this section shall not be used in calculating overtime under the provisions of Article 33.12.

33.4 a) All permanent and temporary Conventional employees shall be paid at the rate of time and one-half (½) for all work in excess of eight (8) hours and thirty (30) minutes in any one day. Appropriate government legislation will be observed for the purpose of calculating overtime payment where required.

b) All permanent and temporary MobilityPLUS employees:

- for five (5) day work schedules overtime will be paid after eight (8) hours and thirty (30) minutes.

- for four (4) day work schedules overtime will be paid for all hours worked beyond the regularly scheduled hours on the bidlist. In any event, overtime will not be paid on any shift less than eight and one-half (8.5) hours per day.

33.5 a) Permanent and temporary Conventional employees shall be paid for all scheduled breaks of less than one (1) hour. This Clause will not be in effect while an employee is on a designated rest break and/or eating period.

b) Specialized Operators shall have a one (1) hour paid lunch break for shifts of nine (9) hours or more or one-half (½ ) hour paid lunch break for shifts up to nine (9) hours.

c) Dispatchers/Reservationists shall be scheduled for two (2) fifteen minute paid breaks and have one half (½ ) hour unpaid lunch break. These breaks shall be scheduled by management.

d) Specialized Operators scheduled breaks shall not fluctuate from the bidlist by more than fifteen (15) minutes.

33.6 Permanent and temporary employees in Department #1 shall be obliged to perform work up to but not in excess of forty-eight (48) hours per week, provided that with respect to any work in excess of forty-five (45) hours, the Employer will attempt to allot such work, if any, so as to take into account the reasonable requests of permanent and temporary employees with respect to personal commitments made prior to the allocation of such work so as to minimize so far as practicable, the interference that such work might have with such commitments.

33.7 a) Permanent and temporary employees shall be paid at the rate of time and one-half (1 1/2) for all time worked in any one work day after eleven (11) hours of spread time. Spread time on scheduled runs shall not exceed twelve and one-half (12 ½) hours.

b) Management will notify the Union of their intent to implement any new three (3) piece work crews and will discuss their intent with the Scheduling Committee prior to posting the new signup.

Travel Time Allowance – Conventional Operations

33.8 a)** Travel allowance for Department 1 permanent or temporary employees shall be paid in accordance with the following.

Town is defined as a relief point for any location other than a garage. When “towns” are at differing locations on a specific crew appropriate travel time will be paid.

Straight Crews

Will be defined as any crew consisting of two (2) or more pieces of work with a break(s) of sixty (60) minutes or less.

If the start location of the day’s work differs from the end location of the day’s work a travel allowance will be paid between the two locations. In addition, if the end location of a piece of work differs from the start location of the next piece of work a travel allowance will be paid between the two (2) locations.

Split Crews

Will be defined as any crew consisting of two (2) or more pieces of work with at least one (1) break greater than sixty (60) minutes.

For two (2) piece split crews, if the start location differs from the end location of a piece of work, a travel allowance shall be paid between the two (2) locations.

For multi-piece split crews, if the break(s) between pieces of work is sixty (60) minutes or less, the adjoining pieces of work will be treated as a straight crew for the purpose of calculating travel time. If the break(s) is greater than sixty (60) minutes, the travel time allowance will be calculated using the process for split crews.

For multi-piece split crews, the lunch break must fall in the largest split.

For the purposes of calculating the payment of travel allowance, the travel time allotted to the corresponding actual distance between relief points shall be used. The actual distance and the corresponding travel allowance are identified in the following manner:

Travel Time Allowance
Actual Distance	Time Paid
0.5 km	0 minutes
0.5 km < 2.0 km	10 minutes
2.0 km < 3.5 km	15 minutes
3.5 km < 5.0 km	20 minutes
5.0 km < 6.5 km	25 minutes
6.5 km < 8.0 km	30 minutes
8.0 km < 9.5 km	35 minutes
Every extra 1.5 km	Extra 5 minutes

Note: If travel is incurred during a period which is already being paid, additional travel allowance shall not apply.

33.8 b) ** Travel Time allowed as foresaid shall not be deemed time worked for the purpose of calculating overtime pay and/or spread time pay.

33.9 a) The Employer shall pay each Conventional employee, a fifteen (15) minute report time when starting at the garage and a five (5) minute report time when starting anywhere else. However, in situations where such employees are returning from designated lunch periods which are twenty (20) minutes in total duration, they shall not receive a five (5) minute report time, but shall be entitled to a report time payment of five (5) minutes. Part-timers will be charged a ten (10) minute report time only for purposes of the calculation in Article 21.1

b) Specialized Operators’ schedules are inclusive of fifteen (15) minutes “up and down time”.

33.10(a)Any work which may require an employee to work on their day off and which may require the payment of an overtime rate, shall be allocated between such employees within that department equitably. The Employer shall permit the Local President of the Union or the Local Chairperson to make a monthly inspection of a record of the allocation of such overtime.

Equitable shall mean that operators that have signed the daily overtime list will be offered work based on total hours worked for the calendar year and seniority. Any errors or omissions in the above and/or below procedure shall be adjusted by the employee so affected being paid four (4) hours at straight time or being afforded an extra opportunity to work the day off at the employees choosing from the available overtime opportunities. Such adjustments shall not be subject to the grievance procedure.

(b) These are the guidelines for covering overtime.

1) Total hours worked will be accumulated annually (Jan- Dec).

2) Hours worked will be posted daily.

3) Equal overtime hours worked goes to Senior Operator.

4) Persons signing for part shifts and then refusing will be recorded a refusal assessing the smallest number of hours offered. Persons signing for a full shift and then refusing will be recorded a refusal assessing the value of the full shift refused.

5) Overtime will be available only on trades (no overtime on giveaways).

6) Daily Sheets will be posted the week prior to the workweek.

7) Operators have until 11:00 a.m. the day before the available work to sign the list. After 11:00 a.m. operators can add their names to the list either in person or by phone to dispatch. These operators will be contacted if the initial list of pre 11:00 a.m. operators is exhausted.

8) After the lists are removed from the bulletin board, names can be added, but will be placed at the bottom of the list and sorted by annual total.

9) Once overtime work is offered, hours will be charged to the Operator unless Operator removes their name beforehand (may be done over the radio/telephone for removing only).

10) Cancellation of availability must be made prior to contact for overtime. This will be done by phone / radio / in person.

11) All Operators will have to initial appropriate box or boxes they are available to work.

12) If no one accepts a full shift the shift may be split. Six hours or more will be considered a full shift. Less than six hours will be considered part shift. If a person applies for a full shift and none is available, they may be offered two or more part pieces of groups that approximate a full shift (6-8hrs). If offered this work it will be treated as a full shift for both time worked or refused.

13) Operators must place their badge number on the list by their names or they will not be called.

14) If contact cannot be made with the Operator when open work becomes available, Supervisor will proceed to the next available Operator. (A notation will be placed by the Operators name with the time called).

16)All ESA and CVOR guidelines will apply, i.e. Hours worked, spread time etc.

17)Temporary Operators are not entitled to sign the overtime list. Any overtime work for Temps will be made available once all the full time Operators have been exhausted.

The following hours will apply:

A.M. shifts will commence from 04:30 hours

Twilight shifts will commence from 09:00 hours

P.M. shifts will commence from 14:00 hours

(c) Overtime accumulated hours will be updated daily. When overtime list is exhausted and a Supervisor is required to go over the air for an on air call-in and more then one operator calls in, the person who has worked the least amount of O/T (low hours) and has the highest seniority will be offered the work. When voluntary assignments and charters, become available after they have been signed for the Supervisor will go over the air for an on air call-in and if more than one operator calls in, the person who has worked the least amount of O/T (low hours) and has the highest seniority will be offered the work.

d) All overtime including Specified Holidays and Charters will be covered from the overtime availability sheets as per the above procedure.

e) Voluntary assignments will continue to be posted as per the existing procedure.

33.11 A permanent and/or temporary employee who is required to work on any of their scheduled days of rest shall be paid at the rate of time and one-half (1 1/2) for all hours worked.

33.12 Work performed on specified holidays will be paid at time and one-half (1 1/2) the basic rate, plus the regular day’s pay for the holiday.

Work performed after 12:00 P.M, on Christmas Eve and New Year’s Eve will be paid at the rate of time and one-half (1 1/2) the basic rate. No other holiday bonus will be paid on Christmas Eve or New Year’s Eve.

33.13 There must be at all times eight (8) hours between the end of one full shift and the beginning of the next full shift, Spare-Board Operators included.

33.14 In the event an employee is not able to report to work, the employee must report their absence. Whenever possible the employee shall report this absence a minimum of one (1) hour in advance of the start time of the shift.

33.15 No temporary employee shall be entitled to overtime assignments until such time as all available permanent employees have been offered and have refused the assignment.

ARTICLE 34: CALL-IN AND CALL-BACK

34.1 When a permanent and/or temporary employee has left the Employer's premises and is called in or called back for any single, special or extra run not operated immediately before or after their regular scheduled run, they shall be given a minimum of three (3) hours work or three (3) hours pay except that with respect to such call-ins on the holidays referred to herein or on any one of their days of rest, they shall be given the minimum of four (4) hours work or four (4) hours pay.

34.2 Call-ins or call-backs under this Article shall be subject to appropriate overtime provisions.

34.3 If an Operator should not report for work by their reporting time, they shall be subject to the conditions outlined in Letter of Understanding #1.

ARTICLE 35: SHIFT PREMIUM

35.1 There shall be a shift premium of ninety five ($.95) cents per hour paid for any full shift which has a finishing time beyond 8:00 p.m. Where overtime is worked the shift premium shall be paid only for actual hours worked.

All employees shall receive the above mentioned shift premium for all hours worked on Sunday.

35.2 The above noted shift premiums, calculated on regular hours only, will be included in the calculations of contributory earnings in the O.M.E.R.S. pension plan subject to applicable regulations.

ARTICLE 36: SIGN-UPS

36.1 There shall be five (5) work periods each year for permanent employees. The work periods shall commence on the following days:

WINTER - on the first Monday in January, except if January 1^st is a Monday, then the second Monday in January

SPRING - on the first Monday in April

SUMMER - on the fourth Monday in June

FALL - on Labour Day in September

CHRISTMAS - on the fourth Monday in December, except if Christmas Day is on a Friday, Saturday, or Sunday, then the third Monday in December

Any deviation from these commencement days shall be mutually agreed to by both Management and the Union President.

There shall be four (4) work sign-ups each year for permanent employees. The Christmas and Winter sign-ups shall be conducted simultaneously. Each of the four (4) work sign-ups shall be conducted in the following manner.

At least four (4) weeks prior to the commencement of the sign-up work period, the following shall be posted by Management;

a) a bidlist, listing all work assignments for the upcoming sign-up work period

b) a sign-up schedule listing the location, the dates, the start time, and order of actually signing for each permanent employee. Permanent employees are listed according to seniority. All employees will be assigned a specific ten (10) minute period of time to sign and must be finished signing, prior to or when their ten (10) minute time segment expires. Failure to do so will result in their work assignment being selected at the discretion of the management and union representative who are conducting the sign up.

The bidlist shall state the following information for each work assignment:

report and end times

report and end location

amount of travel time

number of hours paid

scheduled days off

run numbers to be driven

lunch break times

The Employer shall make available (1) copy of the bidlist to each employee in Conventional Operations and MobilityPLUS and shall make best efforts to provide a display copy of the itineraries in Conventional Operations five (5) calendar days prior to the day the sign-up takes place. In addition, an electronic copy of the Conventional Operations itineraries will be forwarded to the Union. Management shall maintain the right to change the format of the bidlist.