COLLECTIVE AGREEMENT BETWEEN MILLER TRANSIT LIMITED AND AMALGAMATED TRANSIT UNION LOCAL 1587 COLLECTIVE AGREEMENT BETWEEN MILLER TRANSIT LIMITED AND AMALGAMATED TRANSIT UNION LOCAL 1587 INDEX FOR MILLER TRANSIT PREAMBLE AND PURPOSE..........................................................................................3 ARTICLE 1 - RECOGNITION.........................................................................................4 ARTICLE 2 – DEFINITIONS...........................................................................................4 ARTICLE 3 - MEMBERSHIP IN THE UNION................................................................. 4 ARTICLE 4 - CHECK OFF OF UNION DUES ................................................................5 ARTICLE 5 - UNION MEETINGS...................................................................................7 ARTICLE 6 - RESERVATION OF MANAGEMENT RIGHTS..........................................7 ARTICLE 7 - NO DISCRIMINATION ...........................................................................12 ARTICLE 8 - VALID DRIVERS LICENSES ..................................................................13 ARTICLE 9 - MEDICAL EXAMINATIONS ....................................................................13 ARTICLE 10 -NO STRIKES AND LOCKOUTS............................................................15 ARTICLE 11 - UNION REPRESENTATION.................................................................16 ARTICLE 12 - GRIEVANCE PROCEDURE ..................................................................18 ARTICLE 13 - ARBITRATION .......................................................................................24 ARTICLE 14 - SENIORITY ………………………………………………………………. 28 ARTICLE 15 - HOURS OF WORK, ETC. ...................................................................... 33 ARTICLE 16 - STAFF REDUCTION.............................................................................. 38 ARTICLE 17 - APPROVED LEAVES OF ABSENCE ................................................... 40 ARTICLE 18 - WAGE RATES .......................................................................................43 ARTICLE 19 - PAID HOLIDAYS....................................................................................46 ARTICLE 20 - VACATIONS........................................................................................... 48 ARTICLE 21- UNIFORMS AND APPEARANCE ...........................................................51 ARTICLE 22 - HEALTH AND SAFETY.......................................................................... 53 ARTICLE 23 - REPORTING OF ACCIDENTS ..............................................................56 ARTICLE 24 - UNSAFE CONDITIONS OR PRACTICES ............................................ 56 ARTICLE 25 - HEALTH INSURANCE ........................................................................... 57 ARTICLE 26 – OPERATORS’ ROOM ........................................................................... 59 ARTICLE 27 - WASHROOM FACILITIES ..................................................................... 59 ARTICLE 28 - GENERAL …………………………………………………………………...60 SCHEDULE “B” JOB CLASSIFICATION and DESCRIPTION………………………….61 ARTICLE 29 - DURATION.. 29……………………………………………………………….74 1 Expiry Date: March 31, 2011 COLLECTIVE AGREEMENT BETWEEN: Miller Transit Limited (hereinafter referred to as the "Employer") AND: AMALGAMATED TRANSIT UNION, LOCAL 1587 (hereinafter referred to as the "Union") PREAMBLE AND PURPOSE: The Employer and the Union agree that the purpose and intent of this Agreement is to promote and establish harmonious collective bargaining relations between the Employer and its' employees; to govern the relationship between the parties; to promote efficiency and service; to establish rates of pay and other working conditions as set out herein and to set forth a procedure to be followed by the parties to this Agreement and by the employees covered by this Agreement for the expeditious settlement of any dispute which may arise out of the administration of the terms and conditions of this Agreement. ARTICLE 1 -RECOGNITION 1.01 The Employer recognizes the Union as the sole and exclusive bargaining agent for all employees who are employed in and out of the municipalities of Markham and Richmond Hill, save and except office and sales staff, supervisors and inspectors and persons above the rank of supervisors and inspectors. ARTICLE 2 -DEFINITIONS Full Time Employee 2.01 A “full time employee” is one who is normally scheduled to work more than thirty-five (35) hours in a week on a regular basis. Part time Employee 2.02 A “part time” employee is one who is normally scheduled to work no more than thirty-five (35) hours in a week on a regular basis. ARTICLE 3 -MEMBERSHIP IN THE UNION 3.01 Membership in the Union shall be required of all employees covered under this Agreement not later than the completion of their probationary period. Membership in the Union shall not be unreasonably withheld nor shall it be denied for reasons of race, national origin, colour, religion or gender. 3.02 New employees engaged to fill positions within the scope of this Agreement will be informed by the Employer that the Union is the exclusive bargaining agency representing all transit operators. The Employer further agrees to supply the Union with the names and addresses of each new operator engaged during the term of this Agreement, within ten (10) days of engagement. ARTICLE 4 -CHECK OFF OF UNION DUES 4.01 a) The Employer shall deduct in each pay period from the wages of employees who are in the bargaining unit, such dues as may be adopted and designated by the Union. b) Deductions of Union dues shall commence upon completion of training. c) Initiation fees shall be paid at the payday following the completion of the probation period in one instalment. 4.02 The Union shall notify the Employer in writing of the amount of such dues and initiation fees. The Union shall notify the Employer in writing of any changes in these amounts at least thirty (30) days prior to the intended change. 4.03 The Employer shall remit such deductions on behalf of the Union to such financial institution as set out by the Union in writing and further agrees that such monies will be remitted to this financial institution no later than fifteen (15) days following the month in which the deductions were made. 4.04 Only payroll deductions now or hereafter required by law or monies due or owing to the Employer by an employee, or deductions for group insurance, shall be made from wages prior to the deduction of Union dues. 4.05 The amount of Union dues so deducted from wages, accompanied by a statement of deductions from individuals, shall be provided by the Employer to the Union executive not later than the fifteenth (15th) day of the month following the month in which the deductions were made. 4.06 The Union shall indemnify and save harmless the Employer, and/or its' agents from any losses, damages, costs, and liability or expenses suffered or sustained by them as a result of the deduction or attempted deduction, custody of and/or account of such dues. ARTICLE 5 - UNION MEETINGS 5.01 The Union agrees that there shall be no solicitation of members or other Union activities on the premises of the Employer, or during working hours except as permitted by this Agreement. It is further understood that no meetings of the Union or its members will be held on the premises of the Employer at any time without prior approval of the Employer. ARTICLE 6 - RESERVATION OF MANAGEMENT RIGHTS 6.01 The Union recognizes and acknowledges that the management of the operations and the direction of the working forces are fixed exclusively in the Employer and without limiting the generality of the foregoing, the Union acknowledges that it is the exclusive function of the Employer to: (a) maintain order, discipline and efficiency and in connection therewith: to make, alter and enforce from time to time reasonable rules, regulations, policies and procedures to be observed by its employees; discipline or discharge employees, provided that, subject to 6.06, a claim by an employee who has successfully completed the probationary period that he has been unjustly disciplined or discharged, may be the subject matter of a complaint and dealt with as hereinafter provided. Without diminishing the rights recognized by the previous paragraph, the Employer shall provide the Union with a copy of the rules, regulations, policies and procedures, which are made or altered from time to time. Additionally, the Employer shall provide the Union with advance notice of the establishment of new regulations or amendments to regulations, as they occur. The Union shall be given the opportunity to discuss these matters with the Employer prior to implementation, provided such regulations are not third party, contractual or Government requirements or otherwise beyond the control of the Employer. (b) select, hire, transfer, assign to shifts, promote, demote, dismiss, classify, lay-off, recall or retire employees and select employees for positions excluded from the bargaining unit; (c) require medical examinations at any time; (d) operate and manage the transit system in all respects in accordance with the Employer's commitments, obligations and responsibilities including the right to determine the number and location of the Employer's establishments and their expansion or curtailment, direction of the work force, subcontracting of work, schedules of operations, number of shifts, services to be rendered, work procedures, quality and quantity standards, kinds and locations of equipment and machinery to be used at any time, selection and use of materials required by the Employer; determine job content, establishment of work or job assignments, change, combine or abolish job classifications, qualifications of an employee to perform any particular job; decide the number and type of employee needed by the Employer at any time, when overtime shall be worked and require employees to work overtime; determine financial policies, including general account procedures and customer relations. 6.02 (a) The Union shall co-operate with the Employer such that the Employer may meet its obligation to provide the services required by new and existing contracts it has undertaken, which may from time to time require additions, deletions or alterations to its transit services on short notice. (b) Additionally, the Union agrees to co­operate fully in the implementation of rules and regulations that may be put into place as a result of or made necessary by any contracts undertaken or about to be undertaken for the operation of transit services. (c) The Union agrees to do nothing which would violate any contractual obligations between the Employer and its customers. 6.03 Without limiting the right to discharge a seniority employee for just cause, the Employer shall have the right to summarily discharge an employee upon proof of any of the following grounds: (i) theft; (ii) being under the influence or in possession of liquor or illegal drugs while on duty; (iii) fighting or any physical altercation while on duty or on Employer premises; (iv) deliberate tampering, sabotage or destruction of Employer property; (v) dishonesty including deliberately providing false information or false documents or falsifying Employer records; (vi) direct or deliberate refusal to follow direction or policy from a supervisor; (vii) the Employer's insurers or the insurers providing coverage for any vehicle which the employee may be required to drive in the scope of his or her employment refuse to insure an employee or continue to insure him; (viii) possession of firearms while on duty or on Employer premises. 6.04 (a) The Employer agrees to inform the employee in a timely manner of any concern with regard to the employee’s work which may lead to discipline. The employee may request Union representation at a meeting which may lead to discipline. (b) The Parties agree that the Employer has the right to suspend, without notice, any employee who has disregarded any regulations or rules of the Employer or any Provincial or Federal Law. In these cases an investigation will be held without unreasonable delay to determine the facts. Both parties agree that this section is for the purpose of preventing an employee, who is in violation of Employer rules and regulations or Governmental laws, from continuing work or reporting for work. 6.05 The Employer agrees that it will not exercise its functions in Article 6 - Reservation of Management Rights, in a manner inconsistent with the express provisions of this Agreement. 6.06 An employee who has not completed his probationary period may be discharged at the discretion of the Employer provided the employer does not act in bad faith or in a manner that is arbitrary or discriminatory. 6.07 Failure by the Employer to exercise any of its management rights at any time shall not be considered to be an abandonment of such rights. ARTICLE 7 -NO DISCRIMINATION 7.01 The Employer and the Union agree to abide by the terms of the Ontario Human Rights Code, and the Employer and the Union agree that there will be no discrimination against any employee because of religion, ancestry, sexual orientation, family status, handicap, race, creed, colour, sex, place of origin, ethnic origin, marital status, without affecting the Employer’s right to retire, age as defined in the Ontario Human Rights Code, or union membership. ARTICLE 8 -VALID DRIVERS LICENSES 8.01 It will be the responsibility of each operator, mechanic, cleaner, fare box technician or other employee to secure and maintain any necessary license required for the performance of his or her employment from time to time, including without limitation, in the case of an operator, a valid Ontario Class "BZ” license and in the case of a mechanic, cleaner, fare box technician or other employee, a valid Ontario Class “CZ” license, with any appropriate and required government endorsements to those licenses. All employees, including operators, shall notify the Employer immediately of any traffic violations of which he or she is convicted and of any demerit points recorded on his or her driving record. If for any reason the aforesaid license, classification or endorsement is cancelled, suspended or otherwise revoked, or the employee fails to notify the Employer immediately of any traffic violations or demerit points the employee may be dismissed. ARTICLE 9 -MEDICAL EXAMINATIONS 9.01 In the event an employee is absent from work due to illness or accident, said employee shall be required to promptly but not less than one hour prior to their report said absence to the dispatcher on duty, keep the Employer informed of his progress and provide appropriate medical reports from a qualified doctor as requested by the Employer from time to time. 9.02 Any employee who is returning to work after illness or accident, will advise the dispatcher on duty as far in advance as possible, but no later than 12:00 hours (12:00 noon) on the day prior to returning to service. When requested by the Employer, the employee will present to the dispatcher on duty a medical certificate of fitness to perform service, prior to being placed back into service. Failure to present this certificate from a licensed physician will prohibit the employee from returning to work and the employee will be suspended without pay until the certificate is received. 9.03 If an employee is off work due to: (a) medical reasons for more than five (5) days; (b) as a result of an accident, on or off the job; the employee will be required to provide a medical certificate from a licensed physician indicating the employee's fitness to return to work. The certificate will also indicate the dates during which the medical condition or the injury caused the absence from work. Failure to report such an incident or accident to the Employer or produce the required certificate will result in a suspension, without pay, until the appropriate certificate of medical fitness is provided. 9.04 In the event the Employer desires a second medical opinion, the employee shall not return to work but shall attend forthwith at the Employer's doctor for a medical examination at the expense of the Employer. 9.05 If in the opinion of the Employer an employee requires a medical fitness examination (including eye testing) that employee will attend such an examination at the expense of the Employer at the earliest opportunity and may be suspended without pay from duty until the examination is concluded and the employee is certified fit to perform his regular work. A certificate from the attending medical professional will be delivered to the Employer by the employee in all such cases. The employee will be compensated for lost crew time if the employee is found to be fit. ARTICLE 10 -NO STRIKES OR LOCKOUTS 10.01 (a) In view of the orderly procedures established by this Agreement for the settling of disputes and the handling of complaints, the Union agrees that during the life of this Agreement it will not call, authorize, encourage or support a strike, slowdown or stoppage of work. (b) The Employer agrees that there will be no lockout of employees during the life of this Agreement. (c) If the Union is engaged or involved in any lockout, strike, picketing, slowdown or stoppage of work (collectively a “Labour Action”) with any other employer providing transit services in the Region of York (an “Other Employer”), the Union will not call, authorize, encourage or support any picketing at any property from which the Employer is carrying on its transit operations so long as the Employer is not providing any of the services which were provided by the Other Employer at the time of the commencement of the Labour Action. ARTICLE 11 -UNION REPRESENTATION 11.01 The Union shall notify the Employer in writing the names of its Local representatives. 11.02 (a) The Union acknowledges that the Local representative has regular duties to perform on behalf of the Employer, therefore the Local representative shall conduct his activities outside regular working hours. (b) In an emergency situation which requires a Local representative's attention during working hours, he shall not leave his regular duties without first obtaining permission to do so from his immediate supervisor. It is understood that the taking of such time away from regular duties shall be kept to a minimum and that permission will not therefore be unreasonably withheld. The Local representative shall return to his regular duties as expeditiously as possible. The Employer reserves the right to limit such time if the time requested is unreasonable. 11.03 Employees who attend grievance meetings shall not lose pay for their regularly scheduled hours. 11.04 The Employer recognizes the right of the Union to appoint or otherwise select two (2) employees to the Negotiating Committee. It shall be the Negotiating Committee's function to meet with the Employer to negotiate the renewal of this Agreement. 11.05 The Employer shall allow reasonable access to the Employer's premises by a staff representative of the Union for the purpose of consulting with the local representative of the Union or the Employer with regard to matters related to the administration of this Agreement. The Union will provide such advance notice of its intention to enter the Employer’s premises as is practical under the circumstances and will not under any circumstances enter the premises without notifying the Employer. The Employer will advise the Union of its representative to receive notice, and an alternate or alternates. It is agreed such visits will be during normal business hours and timed to cause as little disruption as possible to the normal conduct of the business. Such consultations with the local representative shall be in a place designated by the Employer and time taken shall be kept to a minimum. ARTICLE 12 -GRIEVANCE PROCEDURE 12.01 It is the mutual desire of the parties hereto that complaints of the employees shall be adjusted as quickly as possible without stoppage of work, and it is understood that an employee may present an oral complaint at anytime, without recourse to the grievance procedure herein. 12.02 A grievance shall be defined as a complaint regarding the meaning, interpretation, application or alleged violation of this Agreement, or, subject to 6.06, in the case of an employee who has successfully completed the probationary period under this Agreement, a complaint that he has been unjustly laid off or has not been recalled from layoff or has been discharged without cause. 12.03 It is understood that an employee has no grievance until he has first given his immediate supervisor an opportunity to adjust his complaint. If an employee has a complaint, he shall discuss it with his immediate supervisor. In order to be considered a grievance, such discussion must take place within seven (7) calendar days after the circumstances giving rise to the complaint first occurred or originated. The supervisor shall communicate his reply to the complaint within seven (7) calendar days from the date the grievance was presented to him. If such complaint is not settled to the satisfaction of the employee concerned, the complainant may file a grievance in the following manner and sequence: Step 1 Within seven (7) calendar days following the decision of the immediate supervisor, the employee with the assistance of his representative, if he desires, may present a signed, dated, written statement of such grievance to the Operations Manager or designate. The nature of the grievance, the Article(s) of the Agreement that has been allegedly misapplied or misinterpreted and the relief or remedy sought shall be clearly set out in the grievance. The Operations Manager or designate shall deliver his decision within seven (7) calendar days following the day on which the grievance was presented to him. Failing settlement, then: Step 2 Within seven (7) calendar days following the decision under Step 1, the employee with the assistance of his representative, may present the written grievance to the General Manager or designate. The General Manager or designate shall hold a meeting within fifteen (15) calendar days with the grievor, and the Union representative to discuss the grievance. Either party may request the assistance of a staff representative of the Union to attend at said meeting. The General Manager or designate shall deliver their decision in writing within fifteen (15) calendar days following the day on which the meeting was held. 12.04 It is expressly understood that an employee who has a complaint or a grievance shall follow the procedures as outlined in this Article and pending the investigation and determination of the validity of such claim shall continue to perform the normal duties assigned to him by management (unless he has been suspended or discharged), providing such duties do not jeopardize the life, health or safety of the employee. 12.05 (a) The Union may file a "Policy Grievance" which may not be used to bypass the regular grievance procedure. A policy grievance is defined as one which alleges a misinterpretation or violation of a provision of this Agreement and which, because of the nature or scope of the subject matter, could not otherwise be instituted as an individual employee grievance. Such policy grievance shall be filed in writing within ten (10) calendar days from the occurrence or origination of the circumstances giving rise to the grievance. The grievance must be signed by an authorized Officer of the Union and shall be heard at Step 2 of the Grievance Procedure. (b) The Employer shall have the right to file a policy grievance with the Union concerning the meaning, application or interpretation of any provision of this Agreement. The grievance shall be filed in writing with the Union by the General Manager or designate within ten (10) calendar days from the occurrence or origination of the circumstances giving rise to the grievance. A meeting shall be held between representatives of the Employer and the Union within fifteen (15) calendar days of filing of the grievance. The grievance shall be answered in writing by the Union within fifteen (15) calendar days of such meeting. 12.06 It is recognized that probation is a period during which the Employer has the right to assess an employee to determine whether such employee is, in the sole opinion of the Employer, acceptable for employment. It is therefore recognized and agreed that subject to 6.06, probationary employees may be released or dismissed at the absolute and sole discretion of the Employer during the probationary period and that such release or dismissal shall be deemed to be for just cause. Subject to 6.06, any probationary employee who is released, dismissed, laid off or not recalled from layoff shall not be entitled to file a grievance. 12.07 An employee, other than a probationary employee, claiming that he has been laid off, not recalled or discharged from employment without just cause shall file a signed, dated, written statement of such grievance setting out the nature of the grievance and the specific remedy sought at Step 2 of the grievance procedure within five (5) calendar days of the discharge or layoff or failure to recall from layoff. 12.08 All time limits in this Article shall be deemed to be mandatory. If, at any step in the grievance procedure up to and including submission to Arbitration in paragraph 12.11, the grievance has not been processed by the grieving party in accordance with the time limits prescribed, the grievance shall be deemed to have been settled and/or abandoned or withdrawn. If at any step of the grievance procedure, the grievance has not been processed by the Employer within the prescribed time limits, the grievance may be advanced to the next step by the grievor within the time limits as prescribed. Any time limits prescribed by this Agreement may be extended by mutual agreement of the parties in writing, or by order of an Arbitrator upon the application of the Union or the Employer. 12.09 Any step of the Grievance Procedure may be waived by mutual agreement in writing between the Employer and the Union. 12.10 Decisions arrived at between the Employer and the Union on the disposition of any specific employee, Union or Employer grievance shall be final and binding upon the Employer, the Union and the employee or employees concerned. 12.11 If final settlement of the grievance is not reached under paragraphs 12.03 and 12.05 then the grievance may be referred in writing by either party to arbitration as provided in Article 13 - Arbitration, at any time within forty (40) calendar days after the final decision. If no such written request for arbitration is received within the time limits then the grievance shall be deemed to have been abandoned. 12.12 Notices required to be in writing shall be deemed to be properly given by e-mail, fax or letter post-marked no later than the final day for giving notice. 12.13 Time spent during their normal working hours by Union representatives and grievors in processing grievances in accordance with the terms of this Article shall be without loss of regular wages or benefits up to and including Step 2 of the Grievance Procedure. Permission to leave work during working hours for such purposes shall first be obtained from the supervisor which permission shall not be unreasonably withheld. 12.14 No supervisor within the meaning of section 12.03 may answer more than one stage of an individual grievance. ARTICLE 13 -ARBITRATION 13.01 (a) Both parties to this Agreement agree that a properly constituted grievance as defined in Article 12 - Grievance Procedure, paragraphs 12.02 and 12.05, which has been properly carried through all the requisite steps of the Grievance Procedure outlined in Article 12 and which has not been settled, abandoned or withdrawn, may be referred to a single Arbitrator or by mutual agreement to a Board of Arbitration, at the written request of either of the parties hereto. (b) The parties agree to meet to develop a list of mutually agreeable arbitrators. Said list may be amended from time to time. No arbitrator shall be engaged unless he or she agrees that any decision will be released not more than thirty (30) days following conclusion of the arbitration hearing(s), provided that if written reasons are to be delivered, it is understood that they may be released at a later date. In consideration, the parties agree not to access the expedited arbitration provisions of the Ontario Labour Relations Act, as amended from time to time, unless the consent in writing of both parties is provided. 13.02 (a) The Board of Arbitration shall be composed of one (1) person appointed by the Employer, one (1) person appointed by the Union and the third (3rd) person to act as Chairman chosen by the other two members of the Board. (b) Within fourteen (14) days of the written request by either party for a single arbitrator or Board of Arbitration, the other party shall nominate an Arbitrator or its nominee to the Board if it agrees to a Board of Arbitration. The parties or nominees shall endeavour to agree as soon as possible to the single Arbitrator or Chairman respectively. (c) If the two (2) parties fail to agree upon a chair or single Arbitrator within the specified period of time, either party may apply for the appointment of an Arbitrator under the terms of the Ontario Labour Relations Act. 13.03 No person may be appointed as an arbitrator who has been involved in any attempt to negotiate or settle the grievance. 13.04 The decision of the Arbitrator or the Board of Arbitration, including any decision as to whether the matter is arbitrable, shall be final and binding upon the parties and upon any employee affected by it. In the absence of an unanimous decision the majority decision shall be accepted as the decision of the Board. In the event there is no majority decision, the decision of the Chairman will be final. 13.05 (a) The Arbitrator or the Board of Arbitration shall not have jurisdiction to amend, alter, modify, or add to, any of the provisions of this Agreement, nor to substitute any new provision in lieu thereof, nor to give any decision inconsistent with the terms and provisions of this Agreement. Further the Arbitrator or Board is not authorized to deal with nor to adjudicate any matter not specifically assigned to it by the written grievance as specified in Article 12, or any matter not covered by this Agreement or arising outside the terms of this Agreement. (b) The Arbitrator or Board of Arbitration shall have no jurisdiction to hear a lay off, failure to recall from lay off, discipline or discharge grievance put forth by or on behalf of a probationary employee unless the Employer has acted in bad faith or in a manner that is arbitrary or discriminatory. It is acknowledged that in a case of termination of a probationary employee, the sole question that may form the subject of a grievance is whether the decision to release the employee was made in a manner that was arbitrary, discriminatory or in bad faith, and the burden of proof with respect to such a claim rests with the Union. 13.06 An employee shall be obligated to mitigate damages as fully as possible and any monetary adjustment will be reduced by any employment income received by the grievor for the period applicable. 13.07 Regardless of the outcome of the arbitration, each of the parties hereto will bear the fee and expenses of the nominee appointed by it and the parties will equally share the fee and expenses of the single Arbitrator or the Chairman of the Board of Arbitration, including expenses relating to facilities and other overheads directly related to the hearing. The Arbitrator or Board of Arbitration shall have no authority to vary the provisions of this section, nor to impose costs on either party. 13.08 Time limits fixed in this Article may only be extended by mutual agreement in writing between the Union and the Employer, or by order of the Arbitrator or the Chairman of the Board of Arbitration upon the application of either party, who are expressly empowered to make any order necessary for the fair, just and expeditious resolution of any matter which becomes the subject of arbitration. ARTICLE 14 -SENIORITY 14.01 Seniority is based upon the length of continuous employment within the bargaining unit with the Employer since the last date of hire. 14.02 (a) There shall be two (2) separate seniority lists: one for full time employees and a second for part time employees. (b) Seniority lists for all employees covered by this Agreement will be maintained by the Employer and revised in the months of January and July each year. The appropriate seniority list will show the employee's name and last date of hire as a full time or part time employee with the Employer. Two (2) copies of each list will be provided to the Union and one (1) copy will be posted in a conspicuous place for all employees to see. The Employer agrees to post the lists more often if there are frequent changes. (c) On presentation by a representative of the Union of proof of error in an employee's listed starting date, the correction will be made and a new seniority list prepared and posted with a copy to the Union. 14.03 An employee shall be considered on probation until he has worked a total of ninety (90) days since the last date of hire as a regular transit operator with the Employer. It is expressly understood by both parties that during the probationary period an employee shall be considered as being employed on a trial basis. The Employer may terminate the employment of a probationary employee, at its discretion, provided that in so doing the Employer does not act in bad faith or in a manner that is arbitrary or discriminatory. On successful completion of the training period, an employee’s name shall be placed on the appropriate seniority list and his seniority shall be the employee's last date of hire. 14.04 An employee's seniority shall be forfeited and his or her employment shall be deemed to be terminated and there shall be no obligation to re-hire under the following conditions: (a) he / she voluntarily resigns or quits; (b) he / she retires; (c) he / she is discharged and not reinstated through the hearing procedure; (d) he / she is laid off for a period of more than thirty-five (35) weeks in any period of fifty-two (52) consecutive weeks in accordance with the Employment Standards Act, as amended from time to time; (e) he / she is absent from work for three (3) consecutive scheduled working days without notifying the Employer or without a reason acceptable to the Employer. (f) he / she fails to return to work when recalled in accordance with Article 16, paragraph 16.04; (g) he / she uses a leave of absence for a purpose other than that for which it was granted, or fails to return to work at the expiration of a leave of absence without a reason acceptable to the Employer; (h) he / she fails to attend at medical examinations or provide the appropriate medical documentation as required under the Collective Agreement; (i) he / she is absent from work due to accident or illness for twelve (12) months; or becomes permanently disabled; (j) he / she loses his appropriate driver's licence, classification or endorsement; or the Employer's insurer refuses to insure him. 14.05 In the event a part time employee is transferred to full time status, said employee shall be considered a new full time employee and shall be paid at the start rate. Further, there shall be no transfer of part time seniority and full time seniority shall commence to accrue as of the date of the transfer. 14.06 (a) In the event an employee covered by this Agreement is transferred or promoted to a position outside the bargaining unit and then is returned to a position within the bargaining unit by the Employer, within six (6) months, the employee shall retain and accumulate seniority provided the employee elects to pay the equivalent of Union dues. Subject to the foregoing, it is understood by the parties that an employee transferred to a position outside of the bargaining unit is no longer covered by the terms of this agreement. (b) In the event an employee is returned to a position within the bargaining unit by the Employer after working in a non-bargaining unit position for more than six (6) months, the employee will assume the most junior position at the bottom of the full time seniority list. (c) Timelines as set out in 14.06 (a) and (b) can be extended by mutual agreement. 14.07 (a) Whenever there is a job opening in the bargaining unit classifications, as defined in Schedule “B”, the Employer will post a notice for a minimum of five (5) calendar days, giving any employee who desires to apply for said job the opportunity of doing so. Subject to the qualifications prescribed by the Employer, vacancies will be filled from those who applied in the following order: (i) Seniority of the applicant; (ii) Within the Department where the opening exists; (iii) Within the overall bargaining unit. (b) By mutual consent between the Employer and the Union, the five (5) day notice to post may be waived for maintenance positions where vacancies will be filled by seniority. (c) Service shall be defined as the length of continuous service with the Employer since the date of last hire by the Employer. (d) Classification seniority for the purposes of this agreement shall mean seniority held as of the date of this Agreement and thereafter the date of entry into the classification. Should amalgamation of classifications take place, the employee’s previous classification seniority shall remain unadjusted as agreed by the parties. (e) Section seniority for the purposes of this agreement shall mean the date of entry into the section as outlined in Article 14. (f) For the purposes of layoff the sections are Bus Operator and Maintenance. The Maintenance section shall include Licensed Trades, Fare Box Technician, Cleaner, Yard Person, Lube Technician and Utilities Person. For the purposes of job postings the sections shall be Transportation and Maintenance. (g) Where an employee is on leave for the purpose of holding a full-time Union position, seniority shall continue to accumulate. 14.08 (a) Layoff Where a layoff occurs employees will be laid off based on inverse order of service with the Company within the sections identified in 14.07 and subject to qualifications. (b) Recall Employees will be recalled based on the reverse order of the layoff by section and classification. ARTICLE 15- HOURS OF WORK, CREW SIGN-UPS, ASSIGNMENTS OF WORK AND OVERTIME 15.01 An employee shall be compensated for work performed from the time the employee is first required to report for duty until the employee is released from duty, with the exception of cases where there are two (2) or more consecutive hours off duty between work assignments. Employees will have one (1) hour deducted for a meal period if the work is assigned or relief is provided to allow the employee one (1) hour off. 15.02 Employees will be given a minimum of eight (8) hours off between the end of one day's work and the start of the next day's work. 15.03 The Employer will post a crew list as determined by the YRT Contract. Postings will include a general description of duties, hours to be paid, rest days assigned and the crew number. The crews will be presented to a representative of the Union prior to posting. In the event there is an adjustment of service or crew values the Employer may post a new crew sign-up prior to the completion of the period. 15.04 An Employee may be scheduled to work up to twelve (12) consecutive hours in a day. 15.05 In developing new crews and in scheduling crews, the Employer will endeavour to ensure that each full time employee is assigned two (2) consecutive rest days per week where possible. 15.06 Under no circumstances will an employee be allowed to change or alter his crew selection once it has been signed. 15.07 The Parties agree that due to the possibility of adjusting the level of service up or down on short notice, crews changed between crew sign-ups, which affect the hours of crews, will not constitute the necessity of a new sign-up and employees will continue to perform work on their crews until the next regular sign-up. 15.08 In developing new crews and in scheduling crews, the Employer will endeavour to maximize full time crews where possible and to minimize the length of split shifts. Without diminishing or restricting the rights recognized by Article 6, the Employer agrees to provide the Union with the opportunity to comment upon and provide input into these matters. 15.09 Employees called in and cancelled, will be paid a minimum of three (3) hours’ pay. 15.10 When part time employees replace full time employees, they shall not be considered full time employees and shall continue their part time status. 15.11 All overtime shall be worked in accordance with the Collective Agreement. Due to the scheduling of the transit routes by the contractor, there is an irregular distribution of hours of work such that regularly scheduled hours of work vary in number from time to time. For the purpose of this Agreement the parties agree to average the hours of work over two (2) consecutive weeks. The Employer may schedule work in excess of eight (8) hours per day provided that overtime at the rate of one and one-half (1-1/2) times the regular rate shall only be paid after eighty-eight (88) hours worked over the two (2) week period. It is understood that any employee who has not worked his regular scheduled work days during the two (2) week period shall not receive the overtime rate for working his off days for any hours not in excess of eighty-eight (88) hours. The eighty-eight (88) hour threshold to qualify for overtime shall be reduced to reflect paid holidays, paid bereavement leave and paid vacation leave. 15.12 Employees will not be required to suspend work during regular hours to absorb overtime. 15.13 Overtime or extra work shall be fairly and equitably distributed. The parties agree to establish an appropriate procedure for the allocation of overtime, as outlined in Schedule “C”. Schedule “C”: Overtime Distribution It is hereby agreed to by the parties of this agreement that Overtime (also referred to as “extra work”) will be distributed to members of the bargaining unit as follows: 1. Operator’s who want extra work should sign up on the extra work sheet in the Dispatch Office. The extra work sheet will be posted every Monday at 12:01 pm and will close on Thursday at 6:00 pm for extra work to be performed for the period specified on the extra work sheet; 2. All extra work will be assigned in order of the lowest paid crew. When crews are of the same value, extra work will be assigned to the most senior operator; 3. Operator’s who have signed up for extra work and subsequently refuse or are not available for the extra work that day will not be permitted to sign up for extra work during the next two (2) week period. The Union and the Employer agree that in the event of an emergency the Employer has the right to select any employee who is available to perform overtime or extra work for the purpose of providing continuity of service. 15.14 In the event an employee is required to attend a seminar or training course outside of the employee's regularly scheduled hours of work, the employee shall be paid at the training rate of pay for all hours in attendance at said seminar or course and said hours shall not be considered hours of work nor used in the calculation of overtime. For all employees in the bargaining unit at the date of ratification, all license upgrades required by the York Region contracts will be at the expense of the Employer. 15.15 Nothing in this article will constitute a guarantee of hours of work per day, per week or any fixed work schedule. ARTICLE 16 -STAFF REDUCTION 16.01 In the event of a lay off, the Employer shall give the employee(s) affected the notice of termination as required by the Employment Standards Act of Ontario. 16.02 Part-time and probationary employees shall be laid off first provided there are sufficient qualified employees with seniority who are able to do the required work. In the event there is a requirement for further reductions in staff, employees shall be laid off in inverse order of seniority, provided the remaining employees are qualified and able to perform the required work. An employee whose position is abolished or who is displaced shall be entitled to exercise his seniority rights and displace the most junior employee in the bargaining unit. 16.03 When an employee is laid off, the employee will immediately register his name, address and immediate contact information with the Employer in order that he may be notified of any work available. Immediate contact information means a telephone number with an answering machine, e-mail address, or fax number at which the employee may be reached and which the employee checks regularly. The employee shall notify the Employer of any change, permanent or temporary, in his or her immediate contact information. In addition, it shall be the employee's responsibility to keep the Employer notified of any change in his or her current address so that it will be up to date at all times. 16.04 (a) An employee who is unemployed at the time of a recall must report for duty within forty-eight (48) hours of delivery of a notification to report unless the employee can provide a valid reason satisfactory to the Employer for not doing so. (b) An employee who is employed at the time of recall must report for duty within two (2) days of delivery of the notification to report unless the employee can provide a valid reason satisfactory to the Employer for not doing so. (c) Subject to section 14.04 laid off employees will, if qualified and able to perform the required work, be returned to work in order of seniority when a vacancy occurs. (d) In the event an employee does not report or provide a reason satisfactory to the Employer for failing to do so under (a) or (b) above, the employee shall forfeit his seniority rights under this Agreement and his employment shall be deemed to be terminated. (e) In any case where the Employer is required to notify an employee under (a) or (b) above the Employer shall deliver notification to the telephone or facsimile number or the e-mail address provided by the employee in question as his or her immediate contact information and any notification so delivered will constitute valid and proper notification for the purposes of (a) and (b) above. ARTICLE 17 -APPROVED LEAVES OF ABSENCE 17.01 Personal Leave (a) While it is the exclusive prerogative of the Employer to grant a leave of absence, an employee who has completed his probationary period may apply for a leave of absence without pay and without benefits for legitimate personal reasons. The Employer will consider the individual circumstances, the urgency and the importance of the reason for the request and the efficient operation of the Employer at the time of leave. A request for such leave shall be made in writing stating reasons, at least, except in extenuating circumstances, one (1) month prior to the desired commencement date of the leave. If the Employer grants such leave it shall confirm the terms of the leave in writing with a copy to the Union. It is agreed that such requests will be disposed of by the Employer as it, in its sole discretion, determines. A decision in one instance will not constitute a precedent for future decisions. (b) In cases of sickness or other exceptional circumstances the Employer may extend a leave of absence. Such extension will be confirmed in writing with a copy to the Union. (c) A personal leave of absence shall not be granted for the purpose of allowing an employee to take another position temporarily to try out new work or to venture into business for himself and an employee accepting gainful employment or venturing into business for himself while on such leave of absence shall be terminated by the Employer. (d) Seniority shall accrue during personal leave provided the employee continues to pay Union dues. (e) A full time regular employee shall be responsible for the full premium costs of all insurance while on a leave of absence in excess of one (1) month. 17.02 Bereavement Pay and Leave Bereavement leave will be provided as the current Company policy provides, 17.03 Attending Court An employee who is required by writ or subpoena to appear in court as a witness as a result in the good faith performance of his / her duties, will be paid his regular rate of pay up to crew value for time required to be in court provided the employee presents the Employer with a copy of the process papers which required his presence in court, and pays over to the Employer the amount received by serving as such witness. 17.04 Maternity/ Parental Leave The Employer shall grant maternity and parental leave without pay and in accordance with the Employment Standards Act. 17.05 Education Leave Leave of absence, without pay, may be granted to employees to attend non-Employer educational seminars deemed essential by the Employer and in the best interests to both parties to this Agreement. The Employer will require at least fourteen (14) working days prior written notice requesting such leave. The Employer shall not only consider the importance of the seminar but also the effect of the proposed absence on the efficient operation of the transit system. 17.06 Union Leave The Employer shall grant to a member of the Union a leave of absence without pay for Union activities i.e. conventions, seminars, meetings and arbitrations, provided: (i) a request is made in writing and approved a least two (2) weeks prior to the commencement of the date or dates for which leave is requested; and (ii) such leave does not unduly interfere with the efficient operations of the Employer. ARTICLE 18 -WAGE RATES 18.01 The Employer agrees to pay at a minimum the wages set forth in Schedule "A" attached to this Agreement. The Employer may, if required to do so in response to market conditions, exceed any wage rate specified in Schedule “A” in a case where the Employer deems it necessary to do so in order to hire personnel necessary to the conduct of its business. In any such case the Employer will advise the Union immediately of any such arrangements, providing the names and wage rates of the parties involved. 18.02 The rate of pay for any new classification or substantially changed classification shall be established by the Employer. The Employer shall discuss with the Union the rate of pay for the new or substantially changed classification prior to its implementation. Driver Wages Effective April 1, 2006 to coincide with the York Region contract. Training: $11.00 Probation: $13.00 Part Time: $14.25 Full Time: $14.50 After Year 1: $15.53 After Year 2: $16.55 After Year 3: $20.01 Annual Increase: Years 2 - 5 – CPI – 2.5% minimum Shop Wages Effective April 1, 2006 Cleaner Probation $10.76 Cleaner FT $11.27 Apprentice 0-1 $16.03 Apprentice 2-3 $17.41 Apprentice 3+ $19.46 Licensed Mech PT $24.70 Licensed Mech FT Probation $25.06 Licensed Mech FT $26.09 Lube Tech $15.38 Fare Box $17.43 Years 2 - 5 – CPI – 2.5% minimum ARTICLE 19 -PAID HOLIDAYS 19.01 (a) A full time regular employee who qualifies in accordance with paragraph 19.02 shall be granted a holiday with pay on each of the following holidays: New Year's Day Labour Day Good Friday Thanksgiving Day Victoria Day Christmas Day Canada Day Boxing Day Civic Holiday And such other statutory holidays as are approved and legislated by the province of Ontario. 19.02 Qualification for any of the holidays with pay specified in paragraph 19.01 above, will be determined in accordance with the Employment Standards Act of the Province of Ontario in force from time to time. 19.03 Provided all subsections in paragraph 19.02 are met, a full time regular employee will be paid as follows for the holidays listed in 19.01: (a) If the holiday falls on an employee's scheduled working day, the employee will be paid the employee's crew value. (b) If the holiday falls on an employee's scheduled day off, the employee will be paid for eight (8) hours at the regular straight time rate. (c) If an employee works on a paid holiday, the employee shall receive holiday pay based on the employee’s crew value and time and one-half for all hours worked excluding unpaid one (1) hour lunch periods and off hours if a split-shift is involved. Minimum pay will be for three (3) hours 19.04 In order to provide continuity of service, it is understood the Employer may declare an alternate day as being the paid holiday, to replace one of the specific days listed in Article 19.01, provided however, that in so doing the Employer shall give adequate prior notice to the Union and to the employees involved. 19.05 In the event that a paid holiday, when celebrated, falls on an employee's scheduled day off, or during the employee's vacation period, the employee shall be entitled to the holiday pay and an alternate day off without pay, as mutually arranged and confirmed in writing, provided the employee qualifies under paragraph 19.02 above. 19.06 Part time employees shall receive statutory holidays in accordance with the Employment Standards Act. ARTICLE 20 -VACATIONS 20.01 Vacation credits shall be based on full years of continuous service as a full time employee within the bargaining unit as of January 1st in any year: 2 weeks after 1 year 4% of earnings 3 Weeks after 6 years 6% of earnings 4 Weeks after 11 Years 8% of earnings 5 Weeks after 20 Years 10% of earnings Time off as per Employment Standards Act years 1 through 5. 20.02 Seniority of employees will govern the choice of vacation days. The Employer, in joint consultation with the Union, shall prepare a list of vacation dates and bidding schedule. A vacation sign-up board will be posted by the Employer by November 1st in each year, or a date agreed to by the Employer and the Union, and employees will, in order of seniority choose their vacation periods by signing the vacation sign-up board. Employees must sign-up for vacation prior to December 15th of each year. The schedule must be finalized by December 15th of each year and posted accordingly. 20.03 All vacations must be taken in weekly increments (seven (7) days at a time) and will commence on a Monday. Vacations will not be taken in daily increments (one (1) day per week) other than for justifiable or compassionate grounds, which must be agreed to by both parties to this Agreement. 20.04 Vacation days shall be exclusive of paid holidays as outlined in Article 19, of this Agreement. 20.05 No more than two (2) employees per week will be allowed to be off at any time during the period from July 1st through August 31st each year. The Employer reserves the right to decrease or increase this regulation as the situation warrants and will make every effort to advise employees in writing if a change in policy is contemplated. 20.06 If more than two (2) employees sign the vacation sign-up board in any one (1) week period during July 1st through August 31st, the employee with the least seniority may be required to re-sign in a period outside this prime time period, if all prime time weeks have two (2) employees off per week or in prime time weeks where only one (1) employee has signed. 20.07 During the period from July 1st through August 31st of each year, only two (2) weeks vacation will be allowed per employee at any one time. Employees with more than two (2) weeks vacation due will arrange the balance of their vacation outside this prime time period. 20.08 Employees who wish additional time off may make an application to the Employer for a leave of absence. Said application must be in writing and made at least one (1) month prior to the start of the employee's scheduled vacation as selected on the sign-up board. The applications will be considered by the Employer and a decision given in writing. This Article is intended to preserve continuity of service. 20.09 Employees who have not signed the vacation sign-up board by December 15th of each year, will have their vacation time assigned by the operations supervisor or other authorized officer of the Employer. All vacation must be taken within the current calendar year. 20.10 When vacation periods have been signed and booked, there will be no change unless it is a proven emergency or is of a compassionate nature that must be substantiated. 20.11 Vacation pay will be accumulated and paid on the first pay of December in each year. For employees who wish to take vacation prior to that time, the Employer will entertain written requests at least two (2) weeks ahead of the proposed vacation date, for payment in advance of the first pay of December in each year. 20.12 (a) An employee who is terminated, shall receive the amount of unused vacation credit accruing and calculated to the date of termination. Any such vacation credit shall be paid at the time of termination. 20.13 Part time employees shall receive vacation with pay in accordance with the Employment Standards Act. 20.14 Any employee who does not bid vacation when it is his or her turn, or who has not submitted an acceptable bid to his or her supervisor, will be bypassed in order to permit other employees to bid and to avoid unnecessary delays in the process. When an employee reports to bid, they will only be permitted to bid on openings that are available and will not under any circumstance be permitted to bump another employee who has already bid, regardless of seniority. ARTICLE 21 -UNIFORMS AND APPEARANCE 21.01 Uniforms 1. 3 x shirts per year 2. 2 x pants per year 3. 1 x tie per year 4. 1 x 3 in 1 bomber jacket every three years 5. No Dry Cleaning provided by Employer 6. Work Clothing for maintenance to remain status quo 7. $85 per year for shop boot allowance, receipt must be provided 21.02 All employees will report for work, properly attired in the approved Employer uniform. Employees will be clean shaven with their hair groomed so as to present a neat and clean appearance. Shoes will be black and will be polished and in good repair. Shoes or boots must not have a heel higher than one inch below the level of the main sole (this is a safety factor and is included in the Highway Traffic Act). The Employer has the authority to remove any employee from service who reports for work in an unclean or dishevelled condition. 21.03 The Employer is solely responsible for the design and type of uniform to be worn by the employees. No alterations to the design and type of materials are allowed. 21.04 All uniforms remain the property of the Employer and must be returned, cleaned and pressed and in good repair, upon separation, or the employee will have the cost of the uniform deducted from the final pay cheque. 21.05 It will be the responsibility of each employee to maintain the uniform in a clean and pressed condition and in good repair. Replacement pieces will be supplied free as required after the first uniform, but subject to inspection by the Employer of the item being replaced. If any piece of the uniform is lost the employee will replace it with a new and identical piece at the employee's own cost. 21.06 (a) Only Employer approved crests and/or jewellery are to be worn on the uniforms. (b) Under no circumstances are employees to wear their uniforms, while on or off duty, in any establishment that only serves wine, liquor or beer. It is permissible to eat in uniform in an establishment that serves these items along with food provided the employee uses common sense and decorum. ARTICLE 22 -HEALTH AND SAFETY 22.01 All employees agree to abide by the driving rules laid down by the Employer and all employees are required to comply with the requirements of the Highway Traffic Act of Ontario, the Public Vehicles Act of Ontario and the Occupational Health and Safety Act of Ontario and any and all other government requirements and there will be no excuse for not obeying these Acts. 22.02 It is the responsibility of each employee to make every effort to maintain good health and to get proper hours of rest between working periods. The dispatcher on duty has the authority to refuse to let an employee work if it is felt that the employee is not well or is fatigued and because of that condition may be unable to discharge his duties in a safe and efficient manner and an employee properly denied the opportunity to work shall not be entitled to pay. Such authority shall not be used in an unreasonable manner. 22.03 (a) All employees are required to inspect their vehicles prior to leaving the yard. (b) Vehicle inspection sheets and/or log book (with the bus) will be filled out daily by each operator as required and will not be signed and turned in until the vehicle is fully inspected. (c) Defects that, in the opinion of the employee may be safety related will be brought to the immediate attention of the duty mechanic, or if he is not available, to the duty dispatcher. (d) All vehicles must be signed in by the employee at the termination of each shift, whether the vehicle is returned to the yard or turned over to another employee. (e) Any defects reported must be repaired or deemed safe for service by a mechanic. 22.04 It is the responsibility of all employees to bring to the attention of the Employer (usually through the dispatcher), without delay, any road, traffic or other conditions which are having an adverse effect on the service being performed or to the vehicles themselves. 22.05 It is the responsibility of each employee, when being relieved from duty by a replacement employee, to bring to the attention of the relief person: (a) any problems with the vehicle being taken over. (b) any road or traffic conditions which may have an adverse effect on the service being performed or to the vehicle itself. 22.06 The Employer and the Union will establish a joint health and safety committee that will meet regularly and such committee will comply with conditions of the Occupational Health and Safety Act or any other successive or prevailing legislation applicable. ARTICLE 23 - REPORTING OF ACCIDENTS 23.01 It is agreed that all employees must report immediately to the Employer any accident or damage to a vehicle being operated for the Employer, or injury to property or individuals regardless of how minor it may be. Any incident, accident or damage to property must be reported on the prescribed Incident or Accident Report form. Failure to immediately report an incident or accident or property damage shall result in a suspension of that employee until an incident or accident report is submitted. Note: This suspension does not preclude the Employer from further disciplinary action based on the results of the investigation of the incident or accident. ARTICLE 24 - UNSAFE CONDITIONS OR PRACTICES 24.01 In the event that an employee alleges the existence of any unsafe practice or condition, the employee involved has a duty and an obligation to immediately report such a situation or condition to the Employer without delay. An employee may approach an officer of the Employer if the matter is not resolved or rectified satisfactorily within a reasonable time. ARTICLE 25 -HEALTH INSURANCE 25.01 The Employer shall arrange health insurance in accordance with its plans and policies for all full time bargaining unit members who have completed their probationary period. The plans will be administered in accordance with the rules and regulations of the plans and policies which are more fully described in the insurance policy or plan between the Employer and its insurer(s), as provided to the Union. Benefits Employees are eligible to enroll in the company benefit plan after three (3) months of continuous service. Premiums are split as follows: Driver Group Years of Service Hourly Rate Employee Contributio n (%) Type of Coverage 3 mos. – 1 yr $14.10 100% Single 3 mos. – 1 yr $14.10 100% Family 1 yr – 2 yrs $15.10 50% Single 1 yr – 2 yrs $15.10 50% Family 3 yrs + $16.10 25% Single 3 yrs + $16.10 25% Family 3 yrs + $19.30 25% Single 3 yrs + $19.30 25% Family *Benefit booklet enclosed for description of the plan Mechanic Group Years of Service Hourly Rate Employee Contributio n (%) Type of Coverage 3 mos. + $15.00 40% Single Family 3 mos. + $17.00 40% Single Family 3 mos. + $19.00 40% Single Family 3 mos. + $25.00 40% Single Family 3 mos. + $26.50 40% Single Family Cleaner Group 25.02 Part time employees shall not be eligible for Years of Service Hourly Rate Employee Contributio n (%) Type of Coverage 3 mos. – 1 yr $11.00 100% Single 3 mos. – 1 yr $11.00 100% Family 1 yr – 2 yrs $11.00 50% Single 1 yr – 2 yrs $11.00 50% Family 3 yrs + $11.00 25% Single 3 yrs + $11.00 25% Family health insurance or pension. 25.03 The parties agree that the Employer is not obliged to pay any portion of the Ontario Health Premium imposed upon employees by the Province of Ontario and in effect at the date of this agreement. 25.04 Full Time Employees are eligible to join the company pension plan after two (2) years of continuous service. Employees contribute 5% of their earnings and the company matches at 5%. ARTICLE 26 -OPERATORS’ ROOM 26.01 Suitable accommodation will be provided in which the employees may rest and eat. The room shall contain tables and chairs. It is the responsibility of all employees to maintain these facilities in a clean and sanitary condition. ARTICLE 27 -WASHROOM FACILITIES 27.01 Washroom facilities will be provided and maintained. All employees are responsible to maintain these facilities in clean and sanitary conditions. ARTICLE 28 -GENERAL 28.01 All report times to the Depots and/or to the start point in each piece of work as specified by the Employer will be scheduled in accordance with the requirements of the Highway Traffic Act. 28.02 Except in such circumstances where a qualified member of the bargaining unit is not available, no work that comes within the jurisdiction of the bargaining unit will be performed by supervisory, management or dispatch personnel. 28.03 Copies of all bulletins issued in accordance with this Agreement will be furnished to the Union on request. 28.04 (a) The Union shall have the use of bulletin boards at work locations for the purpose of posting notices relating to Union business. (b) The Union may, with prior approval of management, place ballot boxes at appropriate points at any work location for the purpose of conducting votes within their membership, provided it does not interfere with the Employer's operations. 28.05 The Employer shall provide each new employee with a copy of the Collective Agreement and a list of current Union officials. The cost of reproducing the Agreement shall be borne by the Employer. 28.06 Up to $350 matching tool allowance per year for mechanics, receipt must be provided. 28.07 Take Two program to be lump sum payment of $100 per quarter to a maximum of $400 per year in lieu of time off based on the current criteria SCHEDULE “B” JOB CLASSIFICATION and DESCRIPTION Job Title: Transit Operators Job Code: Department: Operations Status: Union Revision Date: November 22, 2005 Reporting To: Senior Supervisor, Operations Job Overview To offer an exceptional rider experience to all YRT customers. Transit Operators are expected to drive with a high level of skill and safety adhering at all time to the Corporate and Regional Safety policies and procedures. All Operators are to provide courteous, professional, customer-oriented service to all customers. Essential Job Tasks • Respond in a courteous and professional manner to passengers at all times. • Knowledge of the routes, schedules and fare system. • Operate on assigned routes and maintain time schedules. • Announce any route adjustments as required and as determined by the Region. • Notify Dispatch and passengers immediately should any deviation from the assigned route occur. • Maintain assigned vehicle in a clean and sanitary manner during assigned shift. • Report delays, mechanical problems and accidents. • Operation of wheelchair/scooter lifts, ramps and occupant restraint systems. • Comply with the Highway Traffic Act and regulations including, but not limited to, the performance of daily pre-trip inspections. • Comply with the Region bylaws including, but not limited to, the idling of vehicle and smoking. • Maintain a clean and complete uniform while on duty at all times. • Maintain supply of YRT literature as required, including route maps. • Complete paperwork as required (eg., circle checks, vehicle inspection, etc.) • Participate in ongoing training. • Other duties as assigned. Requirements • Ability to communicate effectively in English, both orally and in writing. • On-the-job training (eg., classroom instruction, and Behind-the wheel Training). • Valid Ontario Class BZ driver's licence required with clear abstract • Passenger assistance training. • Ability to accommodate passengers with unique travelling needs. • First aid certification an asset. • Experience as a public transit bus driver preferred. *Ability to work morning, evening and weekend shifts may be required. Reliable transportation is essential. Department: Maintenance Status: Union Revision Date: November 22, 2005 Reporting To: Assistant Manager, Maintenance Job Overview To maintain the interior and exterior of transit vehicles in a manner consistent with, and compliant to, all safety standards/regulations established by vehicle regulatory and/or licensing authorities such as the Ontario Ministry of Transportation (MTO). Ensure that all vehicles, equipment and facilities are in a state of good repair and condition satisfactory to the Region and/or the Region’s representatives and to the Company. Essential Job Function • Power washing exterior of vehicles • Run vehicles through wash bay • Interior detailing, floor to ceiling • Restocking of current Marketing Materials (Route Maps, Route Flyers, Service Updates, Newsletters, etc.) and removal of same when out of date. • Document the date of each weekly and monthly cleaning for each assigned vehicle and other documentation as needed • Mopping, dusting, washing • Clean and re-stock on-site washroom facilities as required • Other duties as assigned Requirements • Customer focused with effective communication skills • Service-oriented • Grade 12 diploma • Clean driving record • BZ driver’s licence (or are willing and able to obtain one) • Physically fit and able to reach, bend and lift (up to 40lbs) *Ability to work morning, evening and weekend shifts may be required. Reliable transportation is essential. Job Title: Lead Hand Cleaner Job Code: Department: Maintenance Status: Union Revision Date: November 22, 2005 Reporting To: Assistant Manager, Maintenance Job Overview Supervising a team of cleaners the incumbent is responsible to maintain the interior and exterior of all transit vehicles in a manner consistent with, and compliant to, all safety standards/regulations established by vehicle regulatory and/or licensing authorities such as the Ontario Ministry of Transportation (MTO). Ensure that all vehicles, equipment and facilities are in a state of good repair and condition satisfactory to the Region and/or the Region’s representatives and to the Company. Essential Job Function • Supervise work of cleaners • Resolve problems as they arise • Monitor and track work • Quality assurance • Power washing exterior of vehicles • Restocking of current Marketing Materials (Route Maps, Route Flyers, Service Updates, Newsletters, etc.) and removal of same when out of date. • Mopping, dusting, washing • Other duties as assigned Requirements • Ability to supervise and lead employees • Customer focused with effective communication skills • Grade 12 diploma • Clean driving record • BZ driver’s licence (or are willing and able to obtain one) • Physically fit and able to reach, bend and lift (up to 40lbs) *Ability to work morning, evening and weekend shifts may be required. Reliable transportation is essential. Job Title: Farebox Maintenance Job Code: Department: Maintenance Status: Union Revision Date: November 22, 2005 Reporting To: Assistant Manager, Maintenance Job Overview To provide maintain and repair farebox and collections equipment as required. Ensure that all vehicle equipment related to farebox, and as directed, are in a state of good repair and condition satisfactory to the Region and/or the Region’s representatives and to the Company. Essential Job Function • Responsible for the preventative maintenance program on all farebox equipment • Perform repairs on farebox equipment as required • Maintain and repair all destination signs • Respond, on and off-site, to service calls as needed • Complete all necessary paperwork • Order supplies and communicate with vendors as required • Prepare equipment and arrange for off-site repairs when necessary • Other duties as assigned Requirements • Customer focused with effective communication skills • Service-oriented • Grade 12 diploma • Knowledge of electronics and circuitry • Mechanically inclined • CZ driver’s licence, BZ preferred (or are willing and able to obtain one) • Physically fit and able to reach and bend • Heavy lifting *Ability to work morning, evening and weekend shifts may be required. Reliable transportation is essential. Job Title: Lube Tech Job Code: Department: Maintenance Status: Union Revision Date: November 22, 2005 Reporting To: Lead Hand, Maintenance Job Overview To maintain transit vehicles including fuelling, servicing, checking fluid levels in a safe and efficient manner consistent with, and compliant to, all safety standards/regulations established by the Original Equipment Manufacturer (OEM) or licensing authorities such as the Ontario Ministry of Transportation (MTO). Essential Job Function • Ensure fluid and lubricants are maintained to OEM levels, that coolant systems are filled with anti-freeze, and that all fuel-fired pre-heaters are properly maintained. • Perform emission control standards testing and servicing of vehicles to meet Federal and Provincial regulations. • Ensure that all interior lights are operational and that the heating and air conditioning systems are maintained in accordance with OEM maintenance requirements. • Maintain all onboard documentation and labelling • Conduct sampling and analysis of all vehicle fluids (engine oil, transmission fluid, engine coolant) at each maintenance interval. • Other duties as assigned Requirements • Customer focused • Must have own set of tools • Service-oriented • Computer Literate • Apprentice Mechanic • Clean driving record • CZ driver’s licence, BZ preferred (or are willing to obtain one) *Ability to work morning, evening and weekend shifts may be required. Reliable transportation is essential. Department: Maintenance Status: Union Revision Date: November 22, 2005 Reporting To: Lead Hand, Maintenance Job Overview Perform vehicle maintenance in accordance with, or exceeding, the Manufacturer’s Recommended Maintenance and Servicing Practices. Essential Job Function • Perform inspections, servicing and repairs consistent with, and compliant to, any safety standards/regulations established by vehicle regulatory or licensing authorities such as the Ontario Ministry of Transportation (MTO). • Perform Preventative Maintenance Inspections (PMIs) within scheduled PMI intervals. • Attend to, in a timely manner all mechanical or other vehicle related items requiring repairs, replacement or adjustment, that may be reported by bus operators, cleaning personnel or Region staff through pre and post trip inspections, road calls or change-offs. • Maintain wheelchair ramps and vehicle air conditioning and heating systems in operable condition • Overhaul non-structural equipment including but not limited to engines and transmissions, as recommended by the OEM and best modern practices. • Perform body and paint repair on vehicle fleet. • Other duties as assigned. Requirements • Customer focused and service-oriented • Computer Literate • Truck and Coach 310T • Certified Diesel Technician with Cummins Diesel experience • Ability to diagnose and repair faults • Experience in repairing hydraulic and electronic systems • Previous transit and/or bus experience preferred • Clean driving record • CZ driver’s licence, BZ preferred (or are willing to obtain one) *Ability to work morning, evening and weekend shifts may be required. Reliable transportation is essential. Job Title: Lead Hand Mechanic Job Code: Department: Maintenance Status: Union Revision Date: November 22, 2005 Reporting To: Maintenance Manager Job Overview Supervise team of mechanical staff and delegate work and repairs as required. In addition to completing all appropriate paperwork and reports, the Lead Hand is responsible for overseeing all work performed on his/her shift and is required to perform vehicle maintenance in accordance with, or exceeding, the Manufacturer’s Recommended Maintenance and Servicing Practices as needed. Essential Job Function • Direct daily repairs and scheduling of service (AM and/or PM) on all buses and Miller Transit vehicles. • Update and track daily vehicles and off property listing. • Perform inspections, servicing and repairs consistent with, and compliant to, any safety standards/regulations established by vehicle regulatory or licensing authorities such as the Ontario Ministry of Transportation (MTO). • Perform Preventative Maintenance Inspections (PMIs) within scheduled PMI intervals. • Attend to, in a timely manner all mechanical or other vehicle related items requiring repairs, replacement or adjustment, that may be reported by bus operators, cleaning personnel or Region staff through pre and post trip inspections, road calls or change-offs or ensure work is performed by a member of your team. • Complete all appropriate paperwork. • Maintain a clean working environment. • Overhaul non-structural equipment including but not limited to engines and transmissions, as recommended by the OEM and best modern practices. • Perform body and paint repair on vehicle fleet. • Other duties as assigned. Requirements • Customer focused and service-oriented • Computer Literate • Truck and Coach 310T • Supervisory experience preferred