ALE No. '\£!\ - 0511- 11. .

CER~.FU

CERT. DATE

TOTALEMPS

EFF. DATE Jan. ol. '2.0l\

EXP.OATE oec. $1. 1.0\1

COOING CONTROL DATE CODER r--·

l_ IDENTCOOEO

RECEIVED· AUGa. 21, iOllv

UNION 1 1 EMPLOYER lv OTHER

COLLECTIVE AGREEMENT

THE STRATFORD POLICE SERVICES BOARD

AND

THE STRATFORD SENIOR OFACERS' POLICE ASSOCIATION

January 1, 2011 to December 31, 2012

THIS AGREEMENT made as of this 22"d day of March, 2011

BETWEEN:

THE STRATFORD POLICE SERVICES BOARD

Hereinafter called the "BOARD" OF THE FIRST PART

AND

THE STRATFORD SENIOR OFFICERS' POLICE ASSOCIATION

Hereinafter called "S.O.P.A." OF THE SECOND PART

TABLE OF CONTENTS

ARTICLE 1 - SCOPE AND PURPOSE ........ : ....•. ~ ...................................................................... 1

ARTICLE 2- DURATION ........................................................................................................... 1

ARTICLE 3- RELATIONSHIP ................................................................................................... 1

ARTICLE 4- RESERVATION OF ADMINISTRATIVE RIGHTS ................................................. 2

ARTICLE 5- BARGAINING COMMITTEE ................................................................................. 2

ARTICLE 6- GRIEVANCE PROCEDURE ................................................................................. 2

ARTICLE 7- ARBITRATION ....................... · ... : ......................................................................... ;.3 .. :.: .' '.

ARTICLE 8- SALARIES ............................................................................................................ 3 . '

ARTICLE 9- UNIFORMS AND CLOTHING ALLOWANCE ........................................................ 5 ..

ARTICLE 10- TIME OFF FOR OFFICIAL DELEGATES ........................................................... 5

ARTICLE 11- HOURS OF WORK AND CONDITIONS ............................................................. 5

ARTICLE 12- ANNUAL LEAVE AND STATUTORY LEAVE HOLIDAYS ................................... 6

ARTICLE 13- HOSPITALIZATION AND MEDICAL INSURANCE ............................................. 7

ARTICLE 14- SICK LEAVE PLAN ............................................................................................. a ARTICLE 15- TRAINING COURSES ........... : ............................................................................ 8

ARTICLE 16- PENSIONS ......................... : ............................................................................... 9

ARTICLE 17- ENTITLEMENT ON TERMINATION OF EMPLOYMENT .................................... 9

ARTICLE 18 - REGIONAL GOVERNMENT ............................................................................. 11

(i)

ARTICLE 1 SCOPE AND PURPOSE

1.0 l This Agreement shall cover all Senior Officers, as defined by Section 114 of the Police Services Act of Ontario. "Member" means Senior Police Officers of the Stratford Police Service and civilian members as defined by the Police Services Act, save and except the Chief and/or Deputy Chiefs as the case may be.

1.02 In the event of a person covered by this Agreement voluntarily terminating employment prior to five years of service with the Stratford Police Service; or is dismissed prior to · signing of an agreement for that year, no portion of any retroactive increase obtained or awarded as a result of negotiation or arbitration proceedings, shall be paid to such person, nor in the event of a member's death shall it be paid to the member's estate. ·

1.03 Definitions

"Senior Civilian Level r shall mean any civilian of the Stratford Police Service who has ten (10) to nineteen (19) years (inclusive) of continuous service with any police service in Canada, including the Military Police of the Canadian Armed Forces.

"Senior Civilian Level II" shall mean any civilian of the Stratford Police Service who has twenty (20) or more years of continuous service with any police S(;;lrvice in Canada, including the Military Police of the Canadian Armed Forces.

ARTICLE2 DURATION

2.01 This Agreement between the Board and the S.O.P.A. shall be effective and in force from January 1, 2011 until December 31, 2012, and thereafter from year to year. Notice of desire to bargain with respect to any proposed amendment to the Agreement shall be given in compliance with the provisions of the Police Services Act, as amended.

ARTICLE3 RELATIONSHIP

3.01 The parties hereto mutually agree that any eligible member of the Stratford Senior Officers' Police Association may become a member ofthe S.O.P.A. as defined in Section 118(2) of the Police Services Act.

3.02 The Board agrees that there will be no discrimination, interference, restraint or coercion exercised or practised by the Board or by any of its representatives, with respect to any Senior Officer because of their membership in the S.O.P.A. and membership by any member of the Police Service who is eligible to join, will not be discouraged.

3.03. The S.O.P.A. agrees that there will be no intimidation) interference, restraint or coercion exercised or practised upon members of the Police Service by any of its members or representatives.

3.04 A member of the S.O.P .A. shall not receive a lesser legal indemnification protection for performing their prescribed duties than any other member of the Stratford Police Service.

Conditions and limitations established for other members of the Stratford Police Service shall apply equally to members ofthe S.O.P.A.

ARTICLE4 RESERVATION OF ADMINISTRATIVE RIGHTS

The S.O.P.A. acknowledges that it is the exclusive function of the Board to:

4.01 Maintain order, discipline and efficiency.

4.02 Hire, discharge, transfer, promote, demote, or discipline employees provided th~t a c]aim of discriminatory promotion, demotion or transfer, or a claim that a Senior Officer has been . discharged or disciplined without reasonable cause, may be the subject ·.of ·a· . : ·. grievance and dealt with as hereinafter provided. ·

4.03 GeneralJy to supervise and administer the affairs of the Police Service. The Board agrees . ·· that these functions will be exercised in a manner consistent with the general purpose and . intent of this Agreement. . ·

ARTICLES BARGAJNING COMMITTEE

5.01 The Bargaining Committee shall consist of two members of the S.O.P.A. It is cJearly understood that the Bargaining Committee wiJI deaJ only with such matters as are properly the subject of negotiations, including proposals for the renewal or modification of the Agreement at the proper time.

5.02 It is understood and agreed that meetings between the Board and the Bargaining Committee shall take place at mutually agreeable locations.

ARTICLE6 GRIEVANCE PROCEDURE

6.01 It is the mutual desire of the parties hereto, that complaints of members of the S.O.P.A. shall be adjusted as quickly as possible, and it is generally understood that members have no complaint until they have first given their immediate superior Officer an opportunity of resolving the complaint.

6.02 If members have any complaint or question which they wish to discuss with the Board, they shall take the matter up with their immediate superior Officer as set forth in the preceding paragraph, and the member may be accompanied by a representative of the S.O.P.A.

6.03 If such complaint or question is not settled to the satisfaction of the member concerned within four days, or within any longer period which may be mutually agreed upon at the time, the member may then follow the steps of the arbitration procedure as set out in the Police Services Act.

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~TI(:LE7 ARBITRATION

7.01 · Either party may request that a complaint be submitted to arbitration. All differences between the parties hereto arising from the interpretation, application, or administration of this Agreement, including any question as to whether a matter is arbitrable, or any matter arising from any alleged violation of the Agreement or of any decision or award shall be submitted to arbitration.

Arbitration shall be by a single arbitrator who shall be appointed and act under the provisions of the Police Services Act, and the decision of such arbitrator shall be fine:il and binding upon both parties.

· 7.02 No person may be appointed as an 'arbitrator who has been involved in an attempt' tb .. negotiate or settle the complaint. · · ·

7.03 Each of the parties hereto will bear one-half of the expense of the arbitrator. ·

7.04 The proceedings of the Arbitration Board will be expedited by the parties hereto.

7.05 At any stage of the grievance procedure, including arbitration, the conferring parties may have the assistance of the member or members concerned, and any necessary witnesses, and all reasonable arrangements will be made to permit the conferring parties to confer with the necessary witnesses.

ARTICLES SALARIES

8.01

Classification

Inspector

Resource Co·ordinator ..

Jan.1 2011

July 1. 2011

112,854.50 115,337.29

Jan.1,2012

117,874.71

July 1, 2012

120,467.95

For persons hired or transferred into this position subsequent to the date of this Agreement. the salary shall be as follows:

Category I

Category 2

Category 3

Category4

Category5

Senior Civilian Level1

$60,000.00

$62,500.00

$65,000.00

$67,500.00

$70,000.00

103% of Category 5

Senior Civilian Level II 104% of Category 5

* The incumbent in this position, Sandra Hutchison, will be grandfathered from the effect of the above rates; The incumbent will receive wage increases to her 2010 salary

Classification

as follows:

Sandra Hutchinson

Senior Cilivian Level 2

Administrative Assistant

·category 1

Category 2

Category 3

Category 4

Categor=y e Category 5

Senior Civilian Level 1

Senior Civilian Level 11

Jan.l 2011

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85557.81

104% of category 5

44236.35

47001.12

49765.89

55295.44

57,47€LOO

65468.97

July 1. 2011

87012.29

44988.36

47800.14

50611.91

56235.46

59,199.25

66581.94

Jan. 1, 2012 Julyl, 2012

88491.50 89995.85

45753.17 46530.97

48612.74 49439:16

51472.31 52347.34

57191.46 58163.72

60,975.23 62,499.61

67713.83 68864.97

1 03% of Category 5

104% of Category 5

8.02 Sworn Senior Officers on ·~stand-by~· during their weekly rest day, shall be paid an amount equal to six hours' pay for each 24 hour period. Such "stand-by" payment to be paid having given two weeks' notice of payment owing.

8.03 Sworn Senior Officers on "stand-by" on statutory holidays as listed in 12.02, shall be paid an amount equal to nine hours' pay for each 24 hour period. Such ~·stand-by" payment to be paid having given two weeks' notice of payment owing.

8.04 Senior Officers shall receive service pay at the rate of $7.00 per month for each five years of service. The payment of service pay for prior service will have no effect on seniority. Service pay will be granted only to those members who were hired prior to January 1, 1991.

8.05 Effective January 1, 2011, the Senior Civilian Rate shaH be 103% of the member's CURRENT category rate in the member's job classification, provided the member must have a minimum of ten (l 0) years of police service with any recognized Ontario po1ice service. Effective January 1, 2011, the Senior Civilian Rate shall be 104% of the member's CURRENT Category rate in the member's job classification, provided the member must have a minimum of twenty (20) years of police service with any recognized Ontario police service.

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ARTICLE9 UNIFORMS AND CLOTHING ALLOWANCE

9.01 Effective January 1, 2011, Inspectors of the S.O.P.A. shall receive annually a $1,000.00 lump sum clothing subsidy. The Resource Coordinator and the Executive Assistant will receive annually a $750.00 lump sum clothing subsidy.

9.02 Clothing allowance shall be paid annually on the last pay in January.

9.03 Effective January 1, 2011, all members of the S.O.P.A. shall be entitled to a uniform cleaning allowance of up to a maximum of three hundred ($300.00) per year; ·

ARTICLE 10 TIME OFF FOR OFFICIAL DELEGATES

10.01 The Stratford Senior Officers' Police Association shall be granted time off to a maximum of 40 hours during the calendar year for the purpose of attendance at Association meetings, provided that such absence does not affect the normal operation of the Police Service.

ARTICLEll HOURS OF WORK AND CONDITIONS

11.01 The hours of duty for all members of the S.O.P.A. shall be forty (40) hours per week.

11.02 Members of the S.O.P.A. who are required to work overtime will record their time worked and submit it for approval monthly by the Chief. At the discretion of the Chief, overtime may be taken at straight time up to a maximum of 100 hours per year. All time recorded and taken will be Jogged by the Chief. No more than 24 hours of accumulated overtime may be carried over from year to year.

11.03 Commencing in calendar year 2008, provision 11.02 will no longer apply and be replaced on a trial basis until the termination of this Agreement as follows:

(i} The first 20 overtime hours in a calendar year will be taken as time off at straight time. This time off must be approved by the Chief and will not accumulate from year to year.

(ii) For all hours in excess of 20 overtime hours in a calendar year, the employee will be compensated at straight time.

(iii) There will be no banking of overtime hours or carryover of overtime hours from year to year.

(iv) Overtime is subject to the Chief's authorization. The employee must obtain this authorization either in advance of the time worked or within seven (7) calendar days subsequent to the date that the overtime is worked.

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(v) Overtime will be paid on a monthly basis. Ovettime worked in the month of December will be paid out in January of the following year.

ARTICLE 12 ANNUAL LEAVE AND STATUTORY LEAVE HOLIDAYS

12.01 The members ofthe S.O.P.A. shall be granted:

(a) After one-year service- two weeks continuous leave with pay.

(b) During the second to fourth years (inclusive) of continuous service with the Police Service, the member shall earn annually 10 working days leave.

(c)

(d)

(e)

(f)

(g)

12.02 (a)

During the fifth to ninth. years· (inclusive) of continuous service with the Police Service, the member shall earn arinua11y 15 working days leave.

Duringthe tenth to fourteenthyears (inclusive) of continuous service with the Police Service, the member shall earn annually 20 working days leave.

During the fifteenth to nineteenth years (inclusive) of continuous service with the Police Service, the member shall earn annually 25 working days leave.

During the twentieth to twenty-fourth years (inclusive) of continuous service with the Police Service, the member shall earn annually 30 working days leave.

During the twenty-fifth and succeeding years of continuous service with the Police Service, the member shall earn annually 35 working days leave.

The Senior Officers shall take statutory holidays on the day of the holiday, or with the approval of the Chief of Police, may elect to work the statutory holiday, receiving one day off at a later date, to be agreed upon by the Chief ofPo1ice and the member. All members of the S.O.P.A. shall receive the following statutory holidays:

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, plus any other day officially designated as a statutory holiday by Order in Council of the Provincial or Federal Government.

(b) The Senior Officers shall be granted a floater holiday to be taken as agreed upon by the Chief of Police and the member.

ARTICLE 13 BEREAVEMENT LEAVE

In the event of the death of a member's spouse, common-law spouse, child, mother, father, sister or brother, such member shall be granted absence from work for not more than four days with pay.

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In the event of the death ofa member's mother-in-law, father-in-law, grandmother,. grandfather, grandmother-in-law~ grandfather-in-law or grandchild, such member shall be granted absence from work for not more than two days with pay, which shall include the day of the funeral.

In the event of the death of a member's uncle, aunt, flrst cousin, nephew, niece, sister­in-law or brother-in-law, such member shall be permitted reasonable time off with pay for the purpose of attending the funeral provided the services are within twenty­five miles ofthe City limits. If such services are beyond twenty-five miles of the City limits, a member shall be permitted absence from work one day with pay.

The Chief of Police may extend the bereavement leave on the application of the · member.

ARTICLE 14 HOSPITALIZATION ANI) MEDICAL INSURANCE

14.01 The Board shall pay 100% of the cost of semi-private hospita1ization coverage.

14.02 (a) The Board shall pay 100% oflife insurance to the value of double the member's current salary.

(b) The Board shall pay 100% of the cost of Accidental Death and Dismemberment Insurance on each member of the Senior Officers' Association in the amount of five times the salary of the member as set out in Article 8.01 of this agreement. Effective from February 27, 2008, the lifetime maximum of $400.00 applicable to the purchase of a hearing aid for a member or an eligible dependent when prescribed by a physician or hearing specialist shall increase to $600.00. The vision care plan reimbursement for eligible persons will be increased to $300.00 per 24 consecutive months for the purchase of eyeglasses or contact lenses when prescribed by a doctor, ophthalmologist or optometrist. Other amendments to the benefit plan effective January 1, 2011 are as follows:

i) Massage Therapy Benefit

Effective January 1, 2011, increase Massage Therapy benefit by $50 to $650 annually.

ii) Eye Examinations

Effective January 1, 2011, increase Eye Examinations benefit by $20 to $100.00 every two years.

iii) Vision Care

Effective January 1, 2012, increase reimbursement amount to $350.00 per 24 consecutive months for eligible persons

Effective January 1. 2011" there shall be a one-time application of the bi­annual amount of this benefit to the cost of laser eye surgery.

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14.03 The Board shall pay 100% of the drug plan mutually agreed upon by the Board and S.O.P.A. The Board shall pay 100% ofthe premiums for the Dental Plan instituted on the execution of this Agreement and shall increase the O.D.A. fee schedule on the basis of the previous year's O.D.A. fee schedule.

14.04 Effective January 1, 1992, a member of the S.O.P.A. shall not receive a lesser health benefit than that in effect for other members of the Stratford Police Service.

ARTICLE lS SICK LEAVE PLAN

15.01 Employees off sick as a result ofan acCident incurred in the performance of their duties~ or an occ:upational illness caused I;Jy the performance of their duties and so designated by the Workers' Compensation Board, shall be paid full salary during such period offduty, limited, however, to one year's ·salary, except if they are receiving Workers' Compensation benefits as a result of such accident or illness, the amount to be pmd by the · Board of Police Commissioners herein during such year shall be the difference betweeii their full salary for such year, and the amount of such compensation award during such year. Time off duty for an accident or illness of the above nature shall not be charged to employees' sick leave.

15.02 There will be a short term disability plan in accordance with Board Policy dated January 23, 2003. There will also be a long term disability plan in accordance with Board policy dated January 23, 2003.

ARTICLE16 TRAINING COURSES

16.01 The Board shall pay to a member $20.00 for each day of approved instruction when such member is in attendance at an authorized, work-related course or seminar away from Stratford. A member on a training course away from Stratford a distance greater than 150 km. shall receive reimbursement for a return trip home every two weeks in the most inexpensive manner - mileage or airfare, whichever is less.

16.02 On the recommendation of the Chief of Police, the Board may pay expenses for attendance at such special courses, as it may consider advisable.

16.03 Upon receipt of advance approval by the Chief of Police, any member who completes a course of study successfully from a recognized educational institution and such course is related or beneficial to the Police Service, shall be paid an amount equal to 1 00% of the cost of such course.

16.04 All members of the S.O.P.A. attending seminars or conferences shall receive the sum of $45.00 per day to cover food expenses.

,.·.

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ARTICLE17 PENSIONS

17.01 All members shall participate in the OMERS Primary Pension Plan, as defined by the · Ontario Municipal Employees Retirement System Act, 2006 (OMERS Act, 2006) and its Regulations, in accordance with the terms and provisions of this Act.

17.02 Member and Board contributions to the OMERS Primary Pension Plan shall be in accordance with the OMERS Act, 2006.

17.03 The compulsory age for retirement for all Senior Officers shall be the first day of the month following the member's 651

h birthday with Sworn Senior Officers having the · option of retiring on the first day of the. month following such Officer's 601

h birthday, to: · age65. · . .·

ARTICLE 18 ENTITLEMENT ON TERMINATION OF EMPl,OYMENT

18.01 Any member whose employment is terminated or who retires or dies (any such event ·· being hereinafter referred to as "termination") shall, subject to the right of the Police Service to be repaid any amounts properly owing to it, be entitled to the following:·

(a) Annual or Statutory Leave: Any annual or statutory leave that the member has earned but not taken as of the date of termination, at the basic salary rate earned by the member immediately prior to the date of termination. ·

(b) Service Pay: Unpaid service pay at the rate earned by the member immediately prior to the termination on a pro-rata basis from the beginning of the calendar year to the date of termination. ·

(c) Plain Clothes Allowance: Unpaid plain clothes allowance, if applicable to such member, at the rate earned by the member immediately prior to termination, on a pro-rata basis from the beginning of the calendar year to the date of termination.

18.02 Effective January 1, 1992 if a member retires prior to age 65 on an OMERS pension, then during the period between the date of retirement and the member reaching age 65, the Board shall pay:

(a) 100% of Semi-private Health Insurance Premiums

(b) 1 00% of the drug plan premium

(c) 100% of the Life Insurance premiums to the maximum of life insurance in force at the time of retirement; and

(d) 100% of the Dental Plan premiums; provided that if such person obtains employment during such period where the costs of such benefits (or any part thereof) is usually paid by the new employer or such person as a regular term of employment. then, to the extent that the costs of such benefits are to be paid by

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the new employer, the obligation of the Board hereunder to pay for such benefi!s . is thereupon reduced.

(e) The coverage in 17.02 {1) (a), (b) and (d) shall continue to the spouse of the S.O.P.A. member until sixty-five (65) years of age.

Subsequent to February 27, 2008, early retirement benefits under this provision will be covered by a new group known as the "SOPA Retirement Group", provided this causes no additional cost to the Board. The purpose of . this grouping is to allow the retired Senior Officer to continue to pay for travel insurance coverage as part of the early retirement coverage contemplated by Article 17.02. Senior Officers are responsible for the cost of this travel insurance, including any increases inth~ cost of this insurance. · ,,

18.03 A Health Care Spending Account shall be established as follows:

i)

ii}

iii)

Effective January et, 2011, the Board will establish a Health Care Spending Account in accordance with the relevant requirements of the Income Tax Act for·. all eligible Members who retire subsequent to January 1, 20ll. subject to the following conditions of eligibility:

(a) The member must have retired on an unreduced OMERS pension or an OMERS disability pension subsequent to January 1, 2011;

(b) The Civilian Member must have attained fifty-five (55) years of age as of retirement; ·

(c) The Police Member must have aUained fifty (50) years of age as of retirement;

(d) The retiring or disabled Member must have a minimum of twenty (20) years continuous service with the Stratford Police Service at the time of the retirement;

{e) The retiring Member must at all times meet the eligibility requirements for a Health Care Spending Account (HCSA) required by the Income Tax Act of Canada or established by the Board at its sole discretion.

The HCSA shall be provided at an annual maximum amount of $2,000.00 per eligible retired Member commencing on the Member's sixty-fifth (651h) birthday and terminating on the Member's seventieth (701h) birthday. Notwithstanding, in the year in which the eligible Member attains age 65 this amount shall be prorated using the number of full months remaining in the year subsequent to the Member attaining age 65. In the year in which the eligible Member attains age 70, the $2,000.00 annual maximum shall also be prorated using the number of months in that year up to the Member attaining age 70 (inclusive of the month in which age 70 is attained.)

The annual HCSA is not accumulative from year to year.

iv)

v)

vi)

. vii)

viii)

ix)

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The HCSA may be used by the eligible Member, or any dependent recogriized by Canada . Revenue Agency rules, regulations and definitions. . . .

In the event that an eligible Member dies between age sixty-five (65) and age seventy (70), the Member's spouse shall continue to be eligible for the HCSA until the Member would have attained age seventy (70) or until the spouse remarries, whichever is earlier, subject to Canada Revenue Agency approval.

The HCSA shall be used only to reimburse eligible retired Members or their eligible dependents for medical or dental expenses that qualifY for reimbursement under Canada Revenue Agency ("CRA'') rules, regulations and definitions for ·allowable deductible

· medical and dental expenses up to the annual maximum. The parties do not obje9t that the arirlUal maximum also be used by the eligible.retired Member to purchase' iq}rivate health care plan, provided this is permitted by Canada Revenue Agency. ·

AJl claims under this HCSA must be made within the filing period established by the benefit Carrier to be eligible for reimbursement. There will be no reimbursement for any claims for expenses incurred before January 1 , 2011.

In order to receive reimbursement for medical or dental expenses, the retired Member must submit original receipts or certified copies of these receipts. Jt is further recognized that any such claims are subject to the payment rules established by the Carrier for this benefit.

The parties acknowledge that the. provision of this HCSA is contingent on Manulife Financial's agreement to both act and to continue to act as the benefit Carrier for the HCSA. In the event that Manulife Financial will no longer act as this benefit Carrier, the Board will arrange for the same or a comparable benefit with a different earner.

·ARTICLE19 REGIONAL GOVERNI\'IENT

19.01 If, during the term of this Agreement, a change occurs in legislation which would in any way alter the jurisdiction or authority of the Board or entity to govern the Police Service, the Board shall endeavour to procure that the benefits to be provided to each member in respect to past service and respect of future service, are not less than the benefits provided under this Agreement.

If by any reason during this change, the service of any member is terminated, the Board shall endeavour to procure that the member will receive, without loss, all pensions, accumulated sick leave, vacation, and other benefits accrued to them, provided always that this provision is subject to the terms of any legislation.

In the event of the Stratford Police Service being taken over by another Police Agency, the Stratford Police Services Board will endeavour to do everything within their power to ensure that members of the S.O.PA receive the same rank and or position, and salary, within the new police service.

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GENERAL:

All other tenns and conditions of employment as now existing and except as altered or specified in this Agreement, shall continue as at present.

IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals this a,'[{M day of API<!'- , 2011. .