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2007-09-17_Agenda Packet--Dossier de l'ordre du jourCityof SaintJohn CommonCouncilMeeting Monday, September17,2007 CommitteeoftheWhole 1.CalltoOrder 4:45p.m.8thFloorCityHall 10.2(4)(j) 1.1ContractNegotiations RegularMeeting 1.CalltoOrder– Prayer CommitteeoftheWholeOpentothePublic CouncilChamber 5:30p.m. 1.CommunityBenefitOptimizationBlueprint 6:15p.m. 2.ManagementSick Leave 7:00p.m. 3.SickLeave TeachIn Cityof SaintJohn Séance duconseilcommunal Lelundi17septembre2007 Comitéplénier 1.Ouverturedelaséance e 16h45Salledeconférencedu 8étageàl'hôteldeville 10.2(4)j) 1.1Négociationscontractuelles–alinéa Séanceordinaire 1.Ouverturedelaséance,suiviedelaprière Comitéplénierenséancepublique Salleduconseil 17h30 1.Projetd'optimisationdesavantagescommunautaires 18h15 2.Congésdemaladiedesgestionnaires 19 h 3.Séminairesurlescongésdemaladie t... REPORT TO COMIVION COUNCIL M&C #2007-305 September 12, 2007 The City of saint tohn Deputy Mayor Hooton and Members of Common Council Deputy Mayor and Members of Council: SUBJECT: COMMUNITY BENEFIT OPTIMIZATION BLUEPRINT Over the last six weeks, I have had the opportunity to become aware of an exciting initiative that is occurring within our community. This initiative is currently being referred to as the Community Benefit Optimization Blueprint initiative. This Blueprint, when completed, will greatly assist the City of Saint John in efforts to ensure that maximum benefits flowing from the anticipated hundreds of millions of dollars of investment, primarily in the energy field, permanently accrue to our community. The City is not participating in the funding of this project yet, our community will hopefully be the major benefactor. As such, Mr. Totten and Mr. Baird are active participants on a working group associated with this initiative. In addition, the City has provided some temporary work space for the consultants undertaking this work. The project is being led by David Hardy of Hardy Stevenson & Associates Limited a Toronto based planning and consulting firm. Mr. Hardy has also brought to this project a number of other experts in various fields. Tonight, I have invited Mr. Hardy to share with Council an overview ofthe work upon which he is embarking. I trust Council will appreciate the significance of this undertaking. Respec lly submitted, MAYOR~ BENEFITS BLLEPR1NT~ CN[RGI2rNG SUST~'INAOLC COMMUNITies Benefits Blueprint Briefing Package BENEFITS BLUEPRINT~ ENERGIZiNG SUSTAiNABLE COMMUNITIES Backgrounder Benefits Blueprint is a community-led initiative that draws upon the insights of community and public sector leaders from across the Saint John area to develop an action plan to ensure that our community maximizes the economic and social benefits anticipated from the planned regional projects. The Benefits Blueprint initiative is a proactive response to the significant growth the Saint John area will experience in the near future as major energy and other projects begin development. The Saint John region has already undertaken strategic community planning sessions in a variety of forms ranging from True Growth "Course of Action - Community Growth Strategy" to the Vision 2015 Program planning and visioning process. The existing information will be used and leveraged into one comprehensive action plan outlining what needs to be done as a community to get ready for the anticipated growth. Hardy Stevenson Associates Limited, a Toronto-based planning and consultation firm, has been retained to coordinate the involvement of a number of Specialist Team members who will lead the research and planning on the initiative areas being examined. The seven core initiative areas will include: community interests; training and education; business; infrastructure; workforce expansion; housing; and arts and culture. There is a Working Group that meets regularly to guide the process from start to finish. The regions five municipal mayors as part of the community's True Growth initiative support the Benefits Blueprint which is being managed by Enterprise Saint John. The Province of New Brunswick and Irving Oil are funding the process with federal government support anticipated. An Advisory Forum, consisting oflocal community leaders, healthcare providers, business people, educational experts as well as cultural, social and environmental advocates from across the Saint John area will help direct the research and provide guidance on what issues are most important to the local community. It ensures a wide range of voices are heard and that different perspectives are reflected in the way the community responds. The final action plan will maximize the benefits and address any potential risks from the anticipated growth. A number of business cases will be produced to guide development and progress in a wide range of areas. Together this will form a blueprint, or plan, that is clear, progressive and achievable. It will set the stage for implementation ofprojects that will ensure all members and all parts of our community benefit fully from the opportunities before us. BENEFITS BLUEPRINT0 ENERGIZiNG SUSTAiNABLE COMMUNITIES Benefits Blueprint Working Group Members Bob Manning, Chairperson, Benefits Blueprint Working Group. Owens MacFadyen Group Stephen Carson, CEO, Enterprise Saint John Tim Curry, President. Atlantica Centrefor Energy Randy Hatfield, Executive Director, Human Development Council Terry Totten, City Manager, City of Saint John Jim Baird, Commissioner of Planning. City of Saint John Richard Hollies, Business Development Officer, Province of New Brunswick Linda MacDonald, Manager, Fundy Regional District Office, Atlantic Canada Opportunities Agency Cynthia Goodwin, Public Affairs and Government Relations. Irving Oil Jeff Landry, Business Development, Irving Oil Elizabeth DeLuisa, Project Coordinator, Benefits Blueprint BENEFITS BLl;EPRINTI} eNCRGIZiNG SUSTAiNABLC COMMUNITIES Benefits Blueprint Advisory Forum Members Name Employer Sector Jane Barry Greater Saint John Community Community Foundation Dr. Mike Barry Atlantic Health Sciences Health Sciences Corporation Mike Brennan Town ofOuisTJamsis Town of Quispamsis Chief Allen Bodechon City of Saint John Police Community Safety Force Monica Chaperlin Business Community Anti- Social Sector Poverty Initiative Paul Emile Chiasson University of New Immigration Saint John Brunswick Brian Dick Department of Self Province of New Brunswick Sufficiency, Province of New Brunswick Janet Gagnon Atlantic Canada ACOA Opportunities Agency Sandra Gautreau Town of Grand Bay- Town of Grand-Bay Westfield Westfield Imelda Gilman Saint John Board of Trade Business John Jarvie Town of Rothesav Town of Rothesav Morgan Lanigan AD! Fusion Claire LePage Department of Energy, Province of New Brunswick Province of New Brunswick Megan O'Brien Harrison Town of HamfJton Town of Hamoton Andrew Oland Moosehead Breweries Post Secondary Education Limited Task Force John Rocca Rocca Group Workforce Availability N arinder Singh Saint John Non-Profit Housing Housing Glen Tait City of Saint John Vision 2015 Tim Vickers Atlantic Coastal Action Environment ProJlram Mike Wennberg Stewart McKelvey Saint John Community Arts Board Melissa Young Carpenters Training Centre Labour of New Brunswick BENEFITS BLUEPRINT~ ENEflGIZING SUSTAINABLE COM MUNITIES BENEFITS BLUEPRINT CONSUL T ANT TEAM CORE TEAM Dave Hardy, BA, MES, MCIP, RPP - Hardy Stevenson and Associates Limited Dave Hardy is the Principal of Hardy Stevenson and Associates Limited. He is a Registered Professional Planner and trained facilitator, with extensive experience in socio-economic and environmental impact assessment; energy and service infrastructure planning; project management; land use planning; facilitation and mediation. He has provided expert testimony before the Federal Environmental Assessment Review Panel; the Ontario Court of Appeal; the Environmental Assessment Board; the Ontario Municipal Board; and the Ontario Energy Board. Dave is one of North America's leading specialists in managing the interface between large 'mega projects' and governments and local communities. He has developed Community Benefits Plans, Community Impact Agreements and Development Assistance programs. He has been associated projects with a combined value of well over $20 billion dollars. While Dave has impressive 'mega project' credentials, he is also active in local communities as either an expert or volunteer. Dave and Hardy Stevenson and Associates developed and wrote Peel Region's social development policies - intended to direct support for age dependent, cultural groups and the most marginalized in society. As a volunteer he was Vice Chair of the Scarborough Social Planning Council and a Member of York Region's Community Service Council. He wrote a policy document "Response to Suburbs in Transition" -looking at how municipal policy could better serve the poor and marginalized. He also served as President of the Conservation Council of Ontario. At the time it was Ontario's largest environmental organization. Anne DeCraemer, B.A. - Hardy Stevenson and Associates Limited Anne DeCraemer is the Vice-President, Communications & Consultation at Hardy Stevenson Associates Limited. She is a member of the International Association of Business Communicators and the International Association for Public Participation. Anne has over 10 years of experience in community relations, public affairs, marketing, communications, media relations, program promotions and stakeholder consultation. Within a variety of service portfolios including social services, affordable housing, public works and public health, Anne has experience in managing sensitive issues in the community, promoting government services to targeted markets, communicating complex projects to staff and residents, and in the marketing of by-law changes to a variety of audiences at the Region of Peel and the City of Brampton. Anne has a comprehensive understanding of the municipal and regional political system and stakeholder consultation best practices. Anne's work on the Region of Peel's Water and Wastewater Capital Expansion Program won her a prestigious Dalton Pen International A ward of Excellence in the category of Strategic Events, PR Campaigns in 2005. BENEFITS BLUEPRrNT~ ENERGIZiNG SUSTAiNABLE COMMUNITIES Shannon Logan, BA, MES, OPPI (Prov.) - Hardy Stevenson and Associates Limited Shannon Logan is a planner with Hardy Stevenson and Associates Limited. Through experiences gained across the Greater Toronto Area including both urban and rural environments, Shannon brings skills in research and qualitative analysis; site analysis and planning policy; public and stakeholder consultation; and project coordination. She has private sector experience in socio-economic impact and environmental assessment for infrastructure projects; regional planning and policy; parks, recreation and open space; natural and cultural heritage protection and interpretation; and waterfront and recreation planning. Sanjay Coelho, BA, MA.PI, OPPI (Prov.) - Hardy Stevenson and Associates Limited Sanjay Coelho is a planner with Hardy Stevenson and Associates Limited. Sanjay has completed in-depth assignments pertaining to new infrastructure including: water conservation, transportation planning, housing, and waste management, among other areas. Additionally, he has completed social impact assessments to examine the community-based impacts of major water and wastewater infrastructure projects in south Peel Region. Through his experiences, Sanjay has facilitated a wide variety of multi- stakeholder public consultation meetings to develop policy recommendations, and used quantitative and qualitative research methods effectively. SPECIALIST TEAM REGIONAL BUSINESS GROWTH AND WORKFORCE EXPANSION Dennis Bruce, M.A - HDRfHLB Decision Economics Inc. Dennis Bruce is a Vice President of Canadian operations at HDRIHLB Decision Economics Inc. Mr. Bruce brings a diversified range of experience in both the private and public sectors. Specializing in finance and economics, his exceptional analytical skills have enabled him to develop innovative solutions in the areas of risk analysis, business case development, and cost benefit analysis. In his time in private industry, he transformed the manner in which organizations approach investment decisions and evaluate organizational performance. Dr. Ewa Tomaszewska, Ph. D. - HDRfHLB Decision Economics Inc. Dr. Ewa Tomaszewska is a Senior Economist at HDRIHLB Decision Economics with experience in policy and data analysis, economic modeling, and business case model development. Her exceptional analytical skills, experience, and academic credentials provide a basis for outstanding support and input to projects in many areas including cost-benefit analysis, financial analysis, business case assessment, and policy impact assessment. She has put her skills and expertise to use in a wide range of projects for federal and provincial government departments, local school board, as well as private sector organizations. BENEFITS BLUEPRINT~ ENERGIZ!NG SUSTAINABLE COMMUNITies INFRASTRUCTURE REQUIREMENTS Dr. Darryl Shoemaker, Ph. D. - HDRIHLB Decision Economics Inc. Dr. Darryl Shoemakcr is thc National Director for HDRIHLB's Power and Energy program. His responsibilities include work coordination, program direction, client solutions, personnel actions, and market presence for all corporate efforts related to the power and energy sector. Service areas provided within this program include engineering and environmental services for power delivery, fossil generation, wind, hydroelectric, biomass and waste to energy generation facilities. Program delivery methods include both traditional design and engineer-procure-construct (EPe). Additionally, Dr. Shoemaker has extensive experience managing reviews and compliance programs for infrastructure, utility and industrial facility siting. And, he has taught courses on and managed public involvement programs for siting projects. HOUSING Ed Starr, BA. MES. MBA. MCIP. RPP - SHS Inc. Ed Starr possesses over 30 years of professional experience in all aspects of housing policy and research, housing market analysis, strategic planning, labour market analysis, economic development and development consulting. He has worked in both the public sector (two years as housing analyst at City of Toronto Planning Department, three years as Director of Housing Policy for Region of Peel) and consulting sector (25 years of experience in all areas of Ontario). Clients have included more than three dozen municipalities, several private developers, more than three dozen non-profit housing providers, housing sector organizations, real estate boards, associations such as the Ontario Professional Planners Institute and senior government departments and ministries such as CMHC and the Ontario Ministry of Municipal Affairs and Housing. Ed has directed preparation of over 100 housingwrelated studies and acted as development consultant for over 60 housing projects totaling over 4,000 units. He has also prepared numerous studies for leading government agencies, municipalities, associations, developers and community-based non-profit organizations on housing and related housing and planning subjects. BENEFITS BLUEPRINT6! ENERGIZ!NG SUSTAiN/IDLE COMMUNITIES Ron Corbett, M.E.S., MCIP, RPP - Virtual Planning Ine Ron Corbett is the President of Virtual Planning Inc., a New Brunswick firm that is primarily involved in municipal and rural plan development, economic and community development and housing.related projects. He has over 30 years of planning experience ranging from theoretical analysis to plan implementation. Ron has extensive experience in rural and small urban area issues. His client base includes federal and provincial government departments, municipalities, planning commissions, universities, industry associations, and Pirst Nation communities. Some of Ron's recent projects include: Providing a full range of planning services for the Restigouche Planning Commission; Completing a housing needs study for the Town of Conception Bay South, Newfoundland; Completing a plan review for the Village of Doakstown, New Brunswick; and Developing a sustainable Municipal Plan for the Town of Hampton, New Brunswick. Armand G. Robichaud, Murb, MCIP, RPP - Virtual Planning Armand G. Robichaud is a community planner with university degrees in geography, planning and public administration. He was director of the Beaubassin Planning Commission in Southeast New Brunswick for close to 25 years. As a consultant, over the past three years Armand has been involved in over 40 different projects, including several large-scale economic developmcnt and rcsource development studies and projects. Some of Armand's relevant experience includes developing a downtown revitalization plan for the Town of Shediac (This project won the Downtown New Brunswick 2006 Vision and Strategic Planning Award). He has developed a governance strategy and long range development plan for Scoudouc Industrial Park on behalf of Enterprise South East, in conjunction with Crandall Engineering Ltd. Armand is also developing the Gayton Rock Quarry development communications strategy for J.D. Irving Ltd. BENEFITS Bl.rEPRINT~ ENErlGlZING SUSTAiNi\DLC COM MUNITIES TRAINING & EDUCATION AND ARTS & CULTURE John Murray, M.A. - Economic Growth Solutions Inc. John Murray is the managing director of Economic Growth Solutions Inc., a consultancy specializing in tourism and economic development. He has been project director for many economic development and tourism planning and development projects with multi- disciplinary consulting teams. John specializes in providing strategic planning, organization, business planning, and program/project evaluation services for economic development consulting projects as well as in the touristnihospitality sector. He has been in the consulting business since 1982, working for leading Canadian consulting firms including IBI Group, Peter Barnard Associates, Canada Consulting Cresap, and from early 1991 through 1999, as a founding Partner of The Randolph Group. He was a co- founder of Economic Growth Solutions Inc. in early 2000. John's economic development and tourism/hospitality industry consulting practice has involved him in projects throughout Northern and Southern Ontario, Nova Scotia, New Brunswick, Princc Edward Island, Newfoundland and Labrador, Manitoba, British Columbia, and Yukon. Notably, in the context of various economic development assignments John has examined opportunities for supply and output linkages for various businesses and industries. COMMUNITY INTERESTS Dr. Charlotte Young, Ph. D - ENVision...Synergy Inc. Dr. Charlotte Young is the Director of ENVision... Synergy Inc., an environmental policy and public consultation firm in Toronto. She is a specialist in organizational development and public policy. With nearly 25 years of experience in natural resources and environmental issues, she has worked in areas ranging from nuclear waste disposal to urban pest management to bio-solids management. Prior to founding ENVision, she spent two years designing and launching a "corporate university" for natural resources staff at the Chicago parks department. She also spent nearly a decade at Argonne National Laboratory (one of the u.s. Department of Energy's largest research centers, located in Chicago) designing and conducting applied evaluation research and developing innovative public consultation programs. REPORT TO COMMON COUNCIL :2. M&C #2007- September 12,2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council: SUBJECT: APPROPRIATENESS OF SICK LEA VB POLICY MANAGEMENT/PERSONNEL On April 10, 2007, Common Council adopted the following resolution, "Resolved that Council engage the services of a human resources professional agency to review this policy, and make a recommendation to Council as to improvements, changes and/or appropriateness," In response, staff engaged Mr. Patrick C. Harling of SPL Development Services. Mr. Hartling's professional profile is attached for Council's review. As can be seen, Mr. Hartling has a very extensive background in dealing with such issues in somewhat comparable environments. Also attached to this report is Mr. Hartling's report entitled "Sick Leave Benefit Review and Analysis" submitted August 6, 2007. City staff has not commented directly to Mr. Hartling on his report. Given that it was a request of Council, staff simply asked Mr. Hartling to attend this evening's Open Committee Meeting and/ore view directly with Council his observations and recom ndations. .. /~ / '- ,. Si ely, ( " ENe. * 'I1le City 01 Solnt john SPL Development Services Private and ConFulential sP~uman C!1P-ital Resources sra.m:cr ,POOPU! 'IJ'.ADWltlP Sick Leave Benefit Review and Analysis Submitted to the City of Saint John August 6, 2007 SPL Development Services h!!P:/ /www.splhumancapitalresources.com Report to the City of Saint John Page 1 SPL Development Services Private and Confidential Report to the City of Saint John Prepared by Patrick Hartling, CORP SPL Development Services Backe:round The City of Saint John Human Resources Department has called for a comparative review of the terms and conditions of employment. In addition, we have been invited to prepare and submit this review and report, with recommendations, regarding sick leave for non union and management staff. This report has been prepared for the consideration of the City Council, and will be submitted through the Human Resources Department, to the City Manager. The comparative information is this survey has been collected for the purposes and the property of the City of Saint John, insofar as private internal use is concerned. The organizations consulted have provided the information on the basis that it is to be treated confidentially, and only very general summaries are to be circulated. In order to facilitate future studies and comparisons by representatives of the City, it is requested that all Council and staff who are privy to this report respect that confidentiality. The Consultant will treat all of the information provided, including comparative data as confidential, unless otherwise agreed. What is Sick Leave? Sick leave is, in its most basic form, a form of income security provided to employees voluntarily by employers. It protects the employee from loss of income due to illness. While it is considered and usually described as a voluntary benefit, it is a very common form of benefit. In Canada, it is suggested that sick leave broadly represents over 11 % of gross annual payroll costs [Watson Wyatt Annual Payroll Survey, as reported Canadian Human Resource Management [McGraw -Hill Ryerson. 6th edition, Schwind. Das, Wagarl. p. 447. Typically in Canada, companies and organizations introduced sick leave programs through the provision of a promise to pay employees all or part of their regular salary or wage, whether or not they could work in their regular position, or undertake some alternate duty. Over time, this benefit has developed in several ways - some employers have stayed with an internally or self-funded model, some have moved to a third party Report to the City of Saint John Page 2 SPL Development Services Private and Confidential insurance method, and there are variations in place that combine features of both models, as we will see below as we summarize practices. Models of Sick Leave and Sick Leave Manal!ement A very recent study, published in a recent issue of the Oxford University Centre for Economic Studies Journal [CESifo Economic Studies, Vol. 53, 1/2007, 97-114, doi:10.1093/cesifo/ifm005 - Advance Access publication 21 February 2007] has addressed, through research and extensive analysis, the prevailing sick leave practices of 20 countries including Canada, the US, Australia and the European Union countries. The purpose of the study was to identify and analyze if and how comparative practices regarding sick leave administration, correlate to usage levels, which vary widely among participating countries. The article establishes that, based on this large-scale study, there is a correlation between the level of sick leave usage, and the ease of access, the generosity of the benefit, and administration of sick leave. The study has established that, given the analysis of 20 countries and covering the years 1996-2002, that the main factors explaining higher usage of sick leave in the participating countries are the generosity of granting sick leave [i.e. the amount], the strictness of employment protection and rate of employment of older persons. A survey of approaches to the administration of sick leave was conducted for purposes of this study. For those employers providing a form of income protection for employees, currently there are three basic models or practices to sick leave administration. They are: I) Self-Insured, where the company provides the payment directly, and the employee is paid as if he or she is at work. 2) Third Party, Insurance Style coverage, where a third party pays the employee and provides other administrative support, including the verification and management of the benefit. 3) A mixture of 1 and 2 above, where the employer pays for the first period of a claim, and at some predetermined point the employee must qualify for the third party coverage. How does Workplace Health and Health Promotion relate to Sick leave? What practices are helpful in addressine. hie.h levels of sick leave use? Is Sick Leave Simply a Cost. Or Should we seek to Create Value? Report to the City of Saint John Page 3 SPL Development Services Private and Confidential There are two possible ways to look at all items that are provided to employees and which cost money directly or indirectly. One view is to concentrate simply on the relative cost of each component, and the overall costs. Another perspective is to consider not only the cost of each benefit, but what it means to employees. For example, healthy employees lead to a productive workforce, and such environments are attractive to prospective employees, and also to current employees as a retention tool In other words, while there is an expense, there is also a gain, and one way or part of identifying an effective strategy is to recognize what costs provide the most value per dollar spent. There is evidence to suggest that employers in the Maritimes are recognizing the value of investments in programs which develop Healthy Workplace, and also in measures which encourage employees to attain and maintain healthy lifestyles. How are Sick Leave Benefit Levels Established: Internal Equity or External Equity? In regard to assessing and developing sick leave as a benefit, there is a growing shift in practice to incorporate a comparison to the broader labour market [in other words, external comparisons as well as internal comparisons to other worker groups]. The reason for this shift is in part the change in behaviour of employees. Workers who once selected an employer, then stayed with that employer for the extent of their career are now retiring. And new generation employees are more mobile, and more apt to move for key improvements in one of the three elements of total compensation. Also, there are relatively fewer new employees coming onto the job market, thus fewer employees choosing among various employers. Communications With Employees With regard to sick leave policy, one area that has been reinforced both in theory, and in practice, is the importance of communications of sick leave intent, costs and purposes. While the public sector or other employers may not have the highest salaries, it is important to emphasize to employees the value of other forms of benefit. More on the specifics later, but it is important to ensure through communications that employees are fully aware of the actual levels of sick leave and how they compare to other employers total compensation. Comparisons and Recommendations Internal and External Comparisons There are two broadly distinct, and in some ways opposite, methods of determining sick leave benefit levels for management and non-union staff. In some organizations, management and non-union salary practices are established by a relationship to the unionized settlements within the same organization [settlement driven]. At the other end of the continuim, in other organizations, the benefits are set by reference to other relevant employer comparisons, and to a model which provides some process of management through an external provider. [This later model is sometimes referred to as policy driven].o Report to the City of Saint John Page 4 SPL Development Services Private and Confuiential Settlement driven models are, by nature internally referenced. Critics of this first model argue that the non-union and management staff may feel that their efforts are driven by factors beyond their control, and bear no relation to comparable jobs. Rather the employer is providing them the same benefit, perhaps as an afterthought. On the other hand, the model does maintain some reference to what other Unions are doing. Policy driven models have the advantage of establishing more directly, precisely and effectively a competitive employer's approach. Thus, employees who compare benefits will be encouraged if their employer [or prospective employer maintains more effective market comparisons. There may also be a perception, especially by current and prospective staff, of the value those employers who use a policy model place on the non- union and management employees. In other words, staff and potential staff may well see a policy driven organization, or one that considers external comparisons, as more fair. For example, both large private sector firms such as McCain's and Aliant currently utilize a third party model for sick leave. One of the principal advantages is that the risk is allocated to a third party. So, in the event of a public disaster or any other form of event where there are a number of injuries or other phenomena such as a public health issue, [causing a number of either short or long term disabilities], the costs flow to a third party. The Federal Government currently bases their non-union and management sick leave on a mixed model, but has a high cap on the amount long service employees can accumulate. A significant Atlantic University, who does not wish to be named, has the same practice with a lesser cap. The range on the banked sick leave caps run from the qualifying period for Long Term Disability to several hundred days. As noted above, McCain's' and Rogers do not provide sick leave, internally. Employees immediately migrate to a Short Term Disability program, for income security. The large advantage to the employer from that approach is that the employee has the benefit of immediate managed intervention by a specialized corporate team, to create a return to work and productivity strategy as soon as possible. The current core practices may be summarized as follows: . Several organizations report relying on third parties to pay, administer and provide health intervention to non union and management employees. . The most common practice in the provincial public sectors, other municipalities, and other organizations surveyed is a mixed approach. Employees have a period, limited to a predetermined number of days, when the employer continues to maintain their pay [self insurance]. . The transition from Employer to Third Party benefit administration is set by policy, and ranges from 100 to 250 days. . Self insured for all forms of sick leave, short and long term is rare among the competitors researched in the preparation of this report - there are no real examples of a purely self insured program of sick leave for non union and Report to the City of Saint John Page 5 SPL Development Services Private and Confidential management employees in those organizations reviewed. Nor does this model continue to be popular in other organizations, beyond those surveyed. Recommendations. and Implementation The following recommendations will consider the current practices within the City of Saint John unionized groups, particularly the Inside workers [Cupe] agreement. They are also based on general trends in the organizations selected for comparison~ and are consistent with the general direction of current best practices in other organizations. . Development of an L.T.D. plan for non union and management staff - It is recommended that the City of Saint John's introduce an LTD program, managed by a third party carrier. . This plan can be introduced so that there are offsetting cost reductions in overall current benefits costs paid by employees~ to avoid any net impact on employees in the provision of this benefit, and so as to take advantage of income tax efficiencies. . That the current sick leave provision for non union and management staff to an unrestricted right of pay continuance be deleted in favor of a provision and benefit which provides income protection for shorter term illnesses and health related absences. . That any absence under one month be approved by the employee's manager, and that absences and compensation beyond one month [20 working days] be approved by the City Manager. . That the internal compensation for one ongoing absence or incidence shift to the LTD carrier and plan after three months, and that the shift be subject to the approval processes that the carrier would recommend and manage, in collaboration with the HR department and other members of the City administration. . This new provision covering short term absences or the qualifying period for longer term absences would accumulate at the rate of a day and a half per month for new employees. . It is recommended that the employees be able to bank that accumulation to a maximum of 150 days. This cap ensures that the accumulation of sick leave works in tandem with the intent and processes of L TD plans. . In light of the shift, it is recommended that a bank be constructed for existing employees within the maximum level, and at the accumulating rate, based on servICe. These recommendations will, when implemented provide the City of Saint John with a program of sick leave benefit which consistent with the direction for the City of Saint John unionized staff, is consistent with current practices prevailing in comparative organizations, is, will provide for a system that encourages an income protection approach among all involved, and will be of value in both attracting new staff and Report to the City of Saint John Page 6 SPL Development Services Private and Confidential retaining existing staff as reflected In the Report on the Terms and Conditions of employment. Report to the City of Saint John Page 7 Patrick C. Hartling 292 Evergreen Court. Halifax, Nova Scotia · B48 1 K4 Res.: (902) 832-4470' cell (902) 4894615' E-mail: oatrickhartlinlJ@htx.eastlink.ca PROFESSIONAL PROFILE A seasoned and competent public administrator, educator, facilitator, and Human Resources leader with extensive experience in the private and public sectors. Skilled in developing and delivering integrated and strategic programs, services and partnerships to achieve desired organizational outcomes. Extensive experience in the creation and alignment of programs in the public sector that advance corporate and business unit interests, integrating best practices with sustainable change towards measurable and desired outcomes. Skilled negotiator with an integrative and directional approach. Extensive experience spanning two decades in the design, delivery, evaluation and the purchasing of adult education and development activities, competency based human resource applications, organizational development, employee relations and leadership development. EDUCATION Bachelor of Laws. Dalhousie University -1983 Master of Public Administration - Dalhousie University - 1980 Bachelor of Commerce. Dalhousie University -1977 PROFESSIONAL EXPERIENCE SPL Development Services 2003. present Created a firm to fill a void at the senior strategic HR level, offering a range of Human Resources planning, development and assessment services, including public and private workshops, human resources programs and services and consulting services. Created and activated the business model and plan around a human capital, value added model. Identified a network of associates to meet strategic HR market needs and opportunities. Colchester East Hants Health Authority, Cumberland County Health Authority and Pictou County Health Authority 2003.2005 Director, Human Resources Reporting to three Vice Presidents, Operations, in 11 sites, employing around 2000 staff. Accountable for the planning, development, implementation and management of Human Resources in a shared-service arrangement, including all labour relations, research and policy development, benefit administration, wage and salary administration, safety and health, staff development, performance evaluation systems, employee assistance program, and human resources planning. Supported three Chief Executive Officers with advice and recommendations relating to grievances, arbitration, civil action, or other HR matters including those outside of policy. . Led the redesign and evaluation of HR services, which improved and increased employee and manager access and utilization of HR services. Utilized a survey of managers, and also an employee survey [with over a 50 percent return rate] to plan and assess future HR programs and strategy. . Developed and fostered an environment and business processes that promote quality based service to its customers, including an effective quality assurance program for Human Resources Services, consistent with best HR practices, and meeting developing Healthcare Accreditation Standards. Accreditation results improved to targets for each District Authority. . Implemented a new package of fair and consistent personnel policies, procedures, and guidelines throughout the organization, while redefining and redefined human resource business processes including performance appraisal system and benefits administration. . Improved labour relations and staff development activities, leading to a significant reduction in contract negotiation/ preparation time, an ongoing reduction or elimination of outstanding duty to accommodate casesl and reduction in outstanding grievances for both Unions. . Working with other provincial acute care HR staff, as Co Chair of the Senior HR forum, developed a provincial HR benchmarking initiative linked to a national program and database. When fully operational this will provide data based comparison on over 35 criteria that illustrate and measure HR effectiveness, within each participating organization, and allow provincial and national benchmarking comparisons. Halifax Regional Municipality Director, Human Resources 1999 . 2002 Reporting to the Deputy Chief Administrative Officer; responsible for an employee base of over 2000 staff in all of the functional areas of the Regional Municipality. Accountable for all human resource functions, including staffing services, payroll and beneiits, employee relations, diversity, health, wellness and safety services, organizational development, HR Information Systems. . Created competency based human resource programs and seNices leading to improved human resource planning and integrated services delivery, and internal staff development. . Developed HR tools for managers and leaders in Halifax Regional Municipality, including behavioral event interviewing, diversity, reward and recognition, performance management, and succession planning to leverage employee performance around unit and corporate goals. . Revised and improved HR services to front line leaders, including employee relations, advisory, and consulting services, leading to more creative and effective front line management and supervision. . Developed and refined human resource business practices, and implemented a new HRIS System (SAP -HR), in partnership with IS and Directors. . Designed and created an organizational development team and an HR staffing strategy. Developed and implemented corporate recognition and reward strategies. . Introduced innovative and improved services, including wellness and health promotion, safety advisory, business process staff within existing resource framework. . Improved employee services, respecting benefits, payroll, retirement planning, and career planning and development. Province of Nova Scotia 1993 - 1999 As Director, Human Resources, held several progressively responsible Human Resources assignments: Transportation and Public Works, Director, Human Resources 1996 - 1999 Reporting to the Deputy, responsible for all departmental HR functions. Achievements included: . Created and implemented an organizational design and people strategy for the newly merged department, including the development of leadership strategies. . Created a staffing and a development strategy for the senior team, integrating with regional operations and a leadership development plan. . Designed and implemented unit strategies to achieve successful implementation of the new department financial reporting systems (SAP). . Revised HR practices to achieve more efficient and effective service delivery, including payroll time keeping, supporting employee innovative self-scheduling and productivity pilot initiatives. . Created an effective productive and directional labor relation's climate, leading to a significant assumption of front line leadership and a reduction in 3rd level grievances. . Leveraged corporate human resource services, and recruited human resource talent to achieve sustained human resource service excellence both at the corporate and regional level. Department of Housing and Municipal Affairs, Director, Human Resources 1995 -1996 Reporting to the Deputy Minister, developed a program and plan to reassign and realign assessment divisional staff to achieve departmental goals, and provided general HR services to the merged department. Achievements included: . Revised job descriptions, reviewed classifications and reporting relationships, and improved employee and labor relations' activities, which improved role clarity and periormance. · Created a training plan to support desired cultural change, innovation and specific performance objectives. · Developed an HR business plan, to align with the business objectives of the department and the divisions, and to leverage existing corporate resources. · Actively supported Senior Team functioning, . Introduced and promoted EFAP Counseling and career planning activi1ies to the department and introduced a pilot project on Attendance Management Nova Scotia Hospital, Director of Human Resources 1993 - 1995 Reporting to the Executive Director, and in partnership with the CEO and line departments, accountable for the development, coordination and delivery of all HR services. Refocused the departmental services towards a customer driven model, with a broader range of services, using an outcome-focused approach, which I have since applied and updated in all my HR roles. . Created positive relationships with union representatives; staff, civil service agencies, and external organizations to achieve immediate and long-term health care objectives. . Supported and actively participated in the development of the facility strategic plan and the leadership of HR support for budgetary (downsizing) and community outreach strategies. Northwood Care Incorporated 1987. 1993 Senior Director, Human Resources Responsible for the creation of the first Human Resource function within the organization, in support of service departments. Led the integration of three separate agreements into one and to the development and exercise of management rights clauses within the CA framework. . Introduced a major sick leave attendance management initiative, created and managed a centralized educational services department. . Implemented a corporate Affirmative Action Race Relations initiative in collaboration with the Board of Directors and senior staff. Prior to 1987 worked in administrative positions at Dalhousie University, Union of Nova Scotia Municipalities, and Maritime Municipal Training and Development Board. SELECT FACILITATION, ADULT EDUCATION AND WORKSHOP EXPERIENCE Recent experience includes the following: University of Alberta! Dalhousie University - Continuing Education 2002 - Current Program Director & e- tutor, Human Resources & E-tutor Organizational Behaviour; Instructor Support Specialist Responsible for the review and development of Web-based course materials {Human Resources], assignments, exams and on line discussions, for student evaluation, and for program administration. This past year have been engaged by contract to develop Instructional materials for instructors. Saint Mary's University - Nunavut Advanced Management Program 2002 - Current Responsible for the design, development and delivery of a three- day workshop on Program Evaluation; this module as part of the Advanced Management Diploma Program. Dalhousie University, Henson College 1990 - ongoing INSTRUCTOR, FIRE MANAGEMENT CERTIFICATE PROGRAMS Responsible for the delivery and updating of course materials, assignments, exams and on line discussions, for student evaluation, and for relevant program administration. Since graduation from Dalhousie University in 1983, I have been involved in the design and delivery of Educational and Developmental programs, including 5 years experience teaching at Mount Saint Vincent University in the Business Program, presentations at Human Resources conferences on topics ranging from Performance Development 10 Alternate Dispute Resolution. I have chaired three regional conferences on Human Resources topics, and developed and maintained ongoing internal profeSSional development activities for large and diverse employers. PROFESSIONAL DEVELOPMENT HRANS, Human Resources of Nova Scotia - CEO Award of Excellence. 1994 Canadian Human Resources Professional - Certified Member International Public Personnel Management Association. Certified Member Compensation Professional Student World at Work Ongoing - courses related to HR and Leadership Zenger-Miller Facilitator - Certified Facilitator . Vice President, HRANS, [elected, current] . Warden of St Paul's Church, three terms of three years, [current] . Board Member, St Paul's Homes for Youth, [current] . Chair, Nova Scotia Senior Health Care Human Resources Directors [nominated and elected by peers] 2004 -2005 . Member, Executive Member, and Member of the Training and Development Committee Association of Municipal Administrators (NS), 2000 - 2002 . Co-Chair HRM Workplace United Way Campaign, 2001 . Chair, HRM Workplace United Way Campaign, 2000 . Member, Provincial Government Executive Development AdVISOry Committee, 1994 - 1997 . Member: Program Planning Committee, Canadian Public Personnel Managers 1996 Annual National Conference . Member, Human Resources Association of Nova Scotia, ongoing . Member: Professional Development Committee (HRANS) . Member, Maritime Health Care Human Resource Officers Association, . Founding Member, Canadian Health Care Human Resources Association (part of CHA) . Member, Board of Directors (Past), Halifax Mental Health Association, also member of Program Committee, and coordination of Fund Raising Projects, 1989 - 1999 REFERENCES [contact info to follow] David Darrow, currently Deputy at the Department of Transportation and Public Works, as a client and leader at the Department of Municipal Affairs and Housing Patti Pike, currently Public Service Commission, Province of NS [colleague at NS Transportation and Public Works] Dan English, Chief Administrative Officer, Halifax Regional Municipality Murray Hill, Board Chair, Pictou County Health Authority Colin Stevenson, Vice President, Colchester East Hants Health Authority and coordinating V.P. for the Tri- District Human Resources Shared Service Dr. Douglas Knight, Director, Government Studies and City Region Studies Center, University of Alberta Sue Nelson, President, Human Resources Association of Nova Scotia Sandra Dunsmore, Past President, Pearson Peacekeeping Centre, [Cornwallis and Ottawa] W.H. [Bill] Lord, P.Eng. Director, Facilities Management, Dalhousie University, [retired] CITY OF SAINT JOHN HUMAN RESOURCES POLICY NUMBER: SECTION: 803(POL) CONDITIONS OF EMPLOYMENT - MANAGEMENT AND NON-UNION STAFF SICK LEAVE PLAN SUBJECT: 1.0 PREAMBLE The City's management and non-union staff have an exemplary work attendance record, one that promotes responsible usage of the sick leave benefit. The City of Saint John wishes to ensure that members of its staff are duly covered during periods of bona fide illness. Their full recovery and return to active duty is a primary concern. 2.0 STATEMENT OF POLICY .1 Sick leave means that period of time a member of staff is absent from work as a result of illness or temporary disability, other than that resulting from a job related injury covered by the Workers' Compensation Act. Sick leave includes those periods a member is undergoing treatment or examination by a physician or other medical professional. .2 A member of staff absent on sick leave shall satisfy the supervisor and department head that the absence is bona fide. .3 A member of staff absent from work on sick leave HUMAN RESOURCES POLICY SICK LEAVE PLAN - MANAGEMENT/NON-UNION PAGE 2 will continue to receive regular pay and benefits. .4 Absences on sick leave will be granted under the authority of the department head, except in cases of extended illness. In cases of absences of sixty (60) days or morel where the staff member is expected to recover and return to work, extended sick leave is granted under the authority of the City Manager (or the Chief of Police for the Police Force). .5 A record of attendance will be maintained for each member of staff. That record shall be discussed with and made available to each member annually, or more frequently if necessary. .6 Supervisors will review attendance records with staff members on a regular basis. Special attention will be given to cases of frequent absences and long periods of absence. Cases for which there is a concern will be documented and referred to the department head for appropriate follow-up. Unwarranted absences from work are unacceptable. .7 Exemplary work attendance has a major positive impact on the City's ability to achieve its mission. Exemplary records shall be duly acknowledged. HUMAN RESOURCES POLICY SICK LEAVE PLAN - MANAGEMENT/NON-UNION PAGE 3 3.0 OBJECTIVES .1 To provide for the protection and well-being of members of staff during periods of illness. .2 To promote the responsible administration of the sick leave plan. 4.0 SCOPE This sick leave plan applies to members of management and administrative (non-union) staff. 5.0 PROCEDURES Administrative procedures necessary for the application of this policy will be established, administered, and updated under the authority of the City Manager (or the Chief of Police for the Police Force ). APPROVED BY COMMON COUNCIL ON REPORT TO COMMON COUNCIL 3. M&C #2007 - 303 September 17, 2007 The City of Saint John His Worship Mayor Norm MacFarlane And Members of Saint John Common Council Your Worship and Members of Common Council, SUBJECT: Sick Leave I ntrod uction Today's workplace is subject to constant change driven by technological advances and a need to maximize productivity. Employees are coping with these changes plus social pressures, family pressures, and work life balance. These factors are contributing to increased stress that often results in illness. Leaves of absence are a coping mechanism to deal with illness as well as stress. Leaves provide relief from job related stress and give the employee an opportunity to recover from illness. However, simply withdrawing from employment commitments cannot be the solution. The purpose of this report is to review the fundamental principles and practices associated with a sick leave plan, describe how the City of Saint John supports employees during penods of illness, provide data on sick leave usage and describe the City of Saint John's efforts to reduce sick leave usage. A Typical Sick Leave Program Absences due to illness can usually be described as short term, long term or permanent. Most organizations approach each of these in separate and distinct ways. Short Term Illness A short term illness of less then three months is usually funded by an employer. Generally, a form of a corporate sick leave plan provides for salary continuance for a defined period of time. Long Term Illness An insurance carrier usually covers absences in excess of three months and these are considered long term absences. The components of a typical L TD plan include the following: . It is a self insured plan which is administrated by the insurance carrier. The insurance carrier adjudicates and manages all claims. . The employees pay 100% of the premium and this would exempt any payments from taxes. The employee on LTD receives 65% of their salary. . The employee must be off work for minimum of 3 months before they are eligible to apply for LTD. . During the first two years on LTD, the employee's disability is based on their occupation. . After two years on LTD. employee's disability is based on any occupation. . During the first two years all benefits premiums are waived (Health & Dental, Group Life/ AD&D pension). ' . After two years the employee on L TD must pay Health & Dental cost, but the remaining benefits premiums continue to be waived . An employee may be on L TD until age of 65 . At age 65 an employee would be placed on normal retirement pension. The City of Saint John Sick Leave Plan A recent study, published in the Oxford University Centre for Economic Studies Journal [CESifo Economic Studies, Vol. 53, 1/2007, 97-114, doi:10.1093/cesifo/ifm005 - Advance Access publication 21 February 2007] establishes that, the main factors explaining higher usage of sick leave in the twenty participating countries are the generosity of granting sick leave [Le. the amount], the strictness of employment protection and rate of employment of older persons. Each of these factors has a predominant presence in the City of Saint John Sick Leave Plan. Absences due to illness can usually be described as short term, long term or permanent. However, the City of Saint John's Sick Leave Plan simply provides for sick leave. The only distinction between short and long term is that the employer has certain rights and expectations of the employee after he or she has been absent from the workplace for an extended period of time. These provisions are contained in the collective agreements that have been negotiated between the City of Saint John and the bargaining units. City of Saint John - Short Term Illness The City of Saint John funds all short term absences as defined by the applicable collective agreement. The corporate sick leave plan or applicable collective agreement provides for salary continuance for a defined period subject to appropriate medical documentation. City of Saint John Long Term Illness The collective agreements define the point where the employee is required to undergo a medical assessment. The purpose of the assessment is to determine the employee's probable return to work. Bowever, should it be deemed that the employee is not able to return to work they are required to make application to the City of Saint John Pension Board for disability. The City of Saint John funds all long term absences as defined by the applicable collective agreement. The corporate sick leave plan or applicable collective agreement provide for salary continuance for a defined period subject to appropriate medical documentation. Each collective agreement contains provisions which give employees access to sick leave from a sick leave bank. In addition to accumulated sick leave, the amount of time ,an employee may be granted from the sick leave bank varies depending on the collective agreement (Local 771 unlimited, Local 486 - 24 months and Local 18-18 months). The City funded sick leave plan continues and includes the following: . It is a self funded plan which is administrated by the City and is subject to the terms and conditions stipulated in the applicable collective agreement. The City adjudicates and manages all claims. . The City pays all costs associated with salary continuance for all sick leaves. . Employees maintain salary continuance subject to medical documentation. This continues until all sick leave is exhausted. Should sick leave credit be exhausted, than in most cases, employees choose to apply to the Pension Board for a Disability Pension. In other situations, they simply choose to retire or resign. Changes made in 2002 by the Board of Trustees in determining if an employee is "completely and totally disabled" have made it very difficult to qualify for a disability pension. One can easily see that this system is not only unique but, is very expensive to administer and fund. The obvious question is: How did this occur and what is the employer doing about it? The History of Our Sick Leave Plans Sick leave plans in collective agreements generally provide for the continuance of an employee's salary while he or she is absent from work due to illness. In most cases these provisions are intended to cover short term illness. With most employers, absences in excess of three months are usually covered by a Long Term Disability Insurance Plan. However, in 1977 the City of Saint John through collective bargaining introduced the concept of a Sick Leave Plan and placed it into the collective agreements. As an example the 1977-1979 Local 18 collective agreement stated: Article 25(c) Sick Leave All permanent and established employees having completed one year's continuous service shall be granted a maximum of thirty (30) days' sick leave with pay in anyone year at the discretion of the Director or Department Head concerned. Sick leave which is not used may be carried forward at the rate of fifteen (15) days per year and accumulated so that a combined maximum total of sick leave of one hundred and twenty (120) days shall be granted at the discretion of the Director concerned. Until a plan is negotiated, the provisions under Article 16, Section "A" of the 1967-1968 Working Agreement will apply. Cd) During and after 'the thirty (30) day period or any part thereof, the Employer or the employee concerned may request an examination by a Board of Medical Doctors, such Board to consist of one (1) Doctor appointed by the City, one (1) by the Union and one (1) chosen by the other two (2) Doctors. The decision of the majority of such board shall be conclusive evidence of the sickness of such employee or his witness to return to his regular duties. In 1979 the basic entitlements detailed in the previous sick leave plan were expanded to include the accumulation of sick leave credits at the rate of a day and a half per month and the concept of the Sick Leave Bank (Appendix "A"). The Sick Leave bank was intended to provide coverage for employees on extended absences. Employees now had access to sick leave coverage for any short or long term illness subject to medical documentation. This basically uut the City in a position where all sick leave would be a self funded liability. The entitlements around sick leave have continued to be a topic of negotiations and the plan continues to be self funded today, Although intended to prevent an employee from suffering economic hardship due to illness, in some cases it presented opportunities for abuse. The focus of collective bargaining in the late seventies and eighties was on wages and benefits. Employee benefits increased dramatically and the culture of the day could best be defined as one of entitlement. Some employees viewed sick leave as an entitlement based on eighteen days earned per year to be taken at their discretion. It is important to note, the vast majority of employees attendance history demonstrates commitment and the statistics support this. In 2006 70% of employees expended less then 40 hours of sick leave (Appendix "B"). One would assume that age would be a significant contributing factor to sick leave usage. According to an article dated April 2006 published on the Statistics Canada website: "Among employees aged 45 and over, 4.6% had a long term-illness leave, which made them sifIificantly more likely (1.5 times) to be on leave than those under age 35." The average age of our employees by union groups: Outside Workers 48 Inside Workers 44 Firefiehters 45 Mana2;ers 47 Non-Union 35 1 Katherine Marshall, On sick leave, htto:/ /www.statcan.ca/enalish/freeoub/75-001- XIE/10406/high-2.htm, accessed September 2007. The Statistics The vast majority of organizations struggle with absenteeism in the workplace but statistics indicate that this issue is most significant in the unionized government sector. The average number of days lost per employee in 2006 due to illness is estimated to be 6.9 in the private sector and 1003 in the public sector. City of Saint John The average hours lost due to illness for City of Saint John employees includine. those employees out on extended sick leave waiting for decision of the Pension Board cases over the past five years is as follows. It should be noted that extended sick leave refers to those situations where an employee missed more than 800 hours and in most cases never returned to work. 2003 2004 2005 2006 2007 89.4 Hours 97.89 Hours 91.11 Hours 92.68 Hours 41.55 Hours The average hours lost due to illness for City of Saint John employees excludine those employees out on extended sick leave waiting for decision of the Pension Board cases over the past five years is as follows. It should be noted that extended sick leave refers to those situations where an employee missed more than 800 hours and in most cases never returned to work. 2003 2004 2005 2006 2007 83.73 Hours 70.80 Hours 66.38 Hours 68.54 Hours 41.55 Hours Atlantic Canada Municipalities In comparison the following are sick leave statistics for Municipalities in Atlantic Canada for 2006: These municipalities have L Tn Insurance plans and as such their statistics do not include days lost for employees who have transfer to the long term disability insurance camero City of Moncton City of Charlottetown City of Halifax City of Fredericton 7.32 sick days used per employee 8.44 sick days used per employee 9.14 sick days used per employee 10.8 sick days used per employee *City of Saint John 8.6 sick days used per employee *Excludes those employees who have missed in excess of 800 hours due to sick leave in order that an apple to apples comparison can be made. Statistics Canada Statistics Canada provides the average time lost due to illness by public sector and private sector employees in Canada. Statistics are provided below. Days lost due to illness by public sector employees: Year Davs lost 2002 9.8 2003 9.6 . 2004 10 2005 10.2 2006 10.3 Days lost due to illness by private sector employees: Year Davs lost 2002 6.7 2003 6.9 2004 6.8 2005 7.1 2006 6.9 The attached documents. provide City of Saint John statistics for time lost due to illness. Total Annual Sick Leave Expended 2003-2007 (Appendix "B") Total Annual Sick Leave Expended by Group 2003-2007 (Appendix "C") Average Sick Leave Expended per Employee by Group 2004- 2007 (Appendix "D") The Number of Employees that did not use Sick Leave 2004-2007 (Appendix "E") The Number of Employees who expended more than 200 hour's Sick leave per year 2004-2007 (Appendix "F") The Number of Employees who expended more than 800 hours Sick Leave per year 2004-2007 (Appendix "G") The Number of Employees who expended less than 40 hours Sick Leave per year 2004-2007 (Appendix "H") These numbers and costs could be presented in any number of iterations and one could perhaps present rational arguments to justify our performance. One example might be the fact that the demands for services from the medical community have produced increased delays in the delivery times and this has an impact on the duration of absences. It is best not to dwell on these arguments. However, what matters most is: what actions did the employer take to reduce costs and improve performance? Corporate Initiatives The notion of diminishing sick leave entitlements through collective bargaining has produced minimal results. The fact that these provisions are common in most public sector collective agreements makes changes in the mindset of union negotiators and employees difficult. Given this, a different plan to reduce sick leave costs and increase employee performance was needed. High performance cannot be achieved without commitment and staff believes that attendance is the most significant indicator of performance. Being at work is a must. How do we as an organization promote, encourage and measure this? Workers are susceptible to various health problems and sick leave provisions are in place to ensure that employees are provided with the opportunity to receive appropriate medical treatment and regular medical check-ups. This helps promote and maintain employee wellness. Contemporary e11lployers focus on the link between wellness and productivity. The City of Saint John has embarked on a number of initiatives such as; flu shots, employee assistance programs, health risk assessments, stress mapping, healthy heart sessions, diet seminars, smoking cessation, shift work training program, critical incident debriefing, Human Resources Strategic Plan, return to work initiatives and quarterly management systems for occupational health and safety. Several of these initiatives are discussed in more detail below. Human Resources Strategic Plan In 2002 Human Resources developed a Human Resources Strategic Plan that defined changes that would enhance the organizational culture. This plan incorporated Vision, Values and Employee Performance, all of which are outlined be1ow2: Human Resources Vision Statement "A skilled and knowledgeable workforce who demonstrate commitment, integrity and responsibility in their service to the citizens of Saint John. " 2 Human Resources Strategic,Plan City of Saint John Values TIrrough a review of the various departments' mission and vision statements, a series of consistent corporate values emerged. These are the values upon which the City wants to provide services to the citizens of Saint John. The values are presented based on an understanding of the current culture and an appreciation for the enhancements, which must be made to improve that culture. The organizational values are stated as Commitment, Integrity and Responsibility (Appendix I). Implementation of the Strategic Plan This Strategic Human Resources Plan is a blueprint for our future and we have implemented several elements aimed at improving employee productivity. In order for change to be accomplished, all stakeholders must be engaged and committed participants. We have had success with this approach. The following illustrates the implementation of initiatives derived from the strategic plan. Firefi l!h ters The current collective agreement between Local 771 and the City of Saint John is based on this philosophy and is reflected in the Letter of Agreement establishing a Return to Work Program (Appendix "J"). We have successfully implemented a Return to Work Program as outlined below: City of Saint John Return to Work Initiative For Saint John Firefighters Start date Action Jan 2006 A Return to Work Letter of Agreement was added to the Collective Agreement 2004-07. The language agreed to provides a framework for the new Retum'to Work process. (Completed) Aprl006 May 2006 May 2006 Sept 2006 Nay 2006 Specialized Return to Work training was completed for all designated Return to Work Committee members including Union and Management leaders. (Completed) The joint union and management Return to Work Committee started to design the process and co-author a Return to Work Business Practice. (Completed) The joint union and management Return to Work Committee created documentation to support Return to Work Business Practice. (Completed) The joint union and management Return to Work Committee selected an Occupational Medical Advisor to support the Return to Work Committee and process: (Completed) The Return to Work process was implemented. (Completed) Present The Return. to Work initiative continues to be monitored and managed collaboratively by Local 771 and management representatives. Outside Workers In December of 2006 the City of Saint John and Local 18 reached a tentative agreement and a report to Common Council outlined the changes in the proposed collective agreement. In their report dated December.6, 2006, Mr. Totten and Commissioner Groody stated3: "The primary focus in this round of talks has been on enhancing quality and wellness in the workplace. Founded on key values, there is commitment to continuous improvement and alignment with the community's vision for the future" This focus is captured in article 1 :02 of the current collective agreement. Vision and Values The parties seek to be leaders in municipal service; to cultivate a highly qualified specialist workforce aligned with the community's vision for the future. The foundation for positive achievement are values: commitment - fulfilling the expectations created in our promises, both direct and implied; integrity - conduct that is honest, fair, respectful and ethical; and responsibility - est;1blishing accountability, expectations and values-based outcomes. " During negotiations the parties discussed the concept of wellness and the associated benefits that could be obtained by the City, the citizens, the employees and the union. Mr. Totten and Mr. Groody's report also detailed the initiatives the parties intended to take to ensure that wellness produced the desired outcomes. A copy of this report is attached (Appendix "K"). Given these commitments, the parties to the collective agreement started a process that is intended to develop and implement an effective Return to Work Program. City of Saint John Return to Work Initiative For Saint John Outside Workers Start date Action Jan 2007 A Return to Work, Letter of Agreement was added to the Collective Agreement.. This language provides a framework for the new Return to Work process. (Completed) Apr 2007 The City requested proposals for an individual or organization to act as an Occupational Medical Advisor (OMA) to the Return to Work Committee. (Completed) 3 Report to Common Council/M&C 2006-330/ December14th,2006 J un 2007 Jul 2007 Jul2007 J ul 2007 Specialized Return to Work training was completed for all designated Return to Work Committee members including Union and Management leaders. (Completed) The joint union and management Return to Work Committee will start to design the process and co-author a Return to Work Business Practice. (On-going) The joint union and management Return to Work Committee will meet to evaluate proposals for OMA selection. (On-going) The joint union and management Return to Work Committee will develop the documentation to support a Return to Work Business Practice. (Not started) Inside Workers Language in the current collective agreement between Local 486 and the City of Saint John provides for an undertaking by the parties to develop and implement a Return to Work program. Given this commitment, the parties to the collective agreement started a process that is intended to develop and implement an effective Return to Work Program. The following actions demonstrate that commitment. City of Saint John Return to Work Initiative For Saint John Inside Workers Start date Action Jun 2007 Specialized Return to Work training was completed for all designated Return to Work Committee members as well as Union and Management leaders. (Completed) July 2007 Jul 2007 Jul 2007 The joint union and management Return to Work Committee will start to design the process and co-author a Return to Work Business Practice. (On-going) The joint union and management Return to Work Committee will meet to evaluate proposals for OMA selection. (On-going) The joint union and management Return to Work Committee will develop the documentation to support a Return to Work Business Practice. (N at started) Quality Management System for Occupational Health and Safety In January of 2005 the City of Saint John embarked upon improvements to safety management and this produced the implementation of the 5*22 Safety Improvement System. This is a comprehensive safety management system developed and sponsored by the WHSCC. A copy of the plan and the implementation are attached (Appendix "L"). 5*22 Safety Management System S tart date Action Mar 2005 The City of Saint John partnered with WHSCC to explore the concept of introducing ,a more robust and comprehensive safety management system. Jun 2005 A Health and Safety survey was conducted throughout the organization. Oct 2005 Gap analysis was completed Feb 2006 Go-forward plan designed using evidenced based data of Gap analysis Feb 2007 All new system plans completed Apr 2007 Manager/Supervisor awareness training completed Sept 2007 Plan to be implemented Long Term Disability Most employers have an insurance plan to cover Long Term disability. Absences in excess of three months would usually qualify for long term disability. A Long Term Disability Program provides immediate managed intervention, to create a return to work and productivity strategy as soon as possible. City of Saint John Management and Non Union Employees were covered by a Long Term Disability Insurance Plan but a claim was never submitted by a manager. The benefits under the City of Saint John Pension Plan were greater. Given this, disabled employees preferred to apply to the City of Saint John Pension Board for a Disability Pension. This policy was cancelled in the early 90's to save costs. The City of Saint John does not carry Long Term Disability Insurance for employees. Therefore, the City must fund and administer long term absences. In the past employees on Long Term disability would exhaust their sick leave entitlements to cover the initial period of disability. Collective agreements required an employee to apply for disability after a defined period oflong term sick leave. The reasons for the absence and the initiatives required to improve attendance are complex. The vast majority of City employees take pride in their attendance and we must be mindful of that. This is a strength that we must use to encourage employees to strive for better performance. Recommendation It is recommended that Council receive and file this report. City Manager The provisions were put forth by the employer so that employees would not simply remain on sick leave for extended periods of time. The defIned period in the Local 771 Collective Agreement is three months as detailed in Article 14:03(12) and 14:03(13). The defmed period in the Local 486 Collective Agreement is six months as detailed in Article 21 :19. Long term absences are based on the employee being unable to return to work for a defined period and are supported by medical documentation from the attending physician. Experience has taught us that often an employee on a long term absence is suffering a serious or terminal illness. The personal struggle for these individuals is to accept that they will not be able to return to work and an application to the City of Saint John Pension Board is their best option. The timing for this decision is driven by a number of factors and the interests of a number of individuals. This is not an easy decision and in the past the employee alone made this decision. Since 2002 the City of Saint John Pension Board has introduced a number of changes that have had a dramatic effect on our sick leave usage. The administrative procedures around the entitlement to a disability pension have resulted in a more rigorous assessment of an employee applying for a disability pension. Those employees suffering a serious illness, which in the past might have qualifIed for a disability pension, were caught in the transition. These employees were applying for a disability pension and having their applications placed on hold or having them rejected. Medical documentation indicated they are unable to return to their specific jobs and they were receiving sick leave from the Sick leave Bank as per the Collective Agreement. This placed a significant financial burden on the organization and in particular the Fire Department. This service must maintain a defined manning level 365 days per year and the overtime cost associated with these long term absences resulted in a considerable over expenditure. These employees were exercising their rights. Prior to making application to the City of Saint John Pension Board for a disability pension, the applicant and the employer must demonstrate that all avenues for alternate employment have been explored and none of these can accommodate the employee's permanent disability. The attached Business Practice outlines these procedures. (Appendix "M"). Conclusion We have embarked on a series of initiatives that stem from the Strategic Human Resources Plan. These initiatives are intended to establish a work environment that supports progress towards the ultimate goal of high performance. The development of measurements and performance indicators are a critical component of that transition. Obviously attendance measures would be a primary indicator in assessing performance. 'I ~~'~~~~..:..t.j~,~ ,:';...- 'L~'.. fJ... () ~. 1 j ! iJf/'.' "' , . o . ", .~. ," If/j/"' I .1 .~:. ;r;ryv . dJ2;;' ~ )J~. .~.~~ Appendix "A" -29- A::""..icle 23 - h'el.fare :ear.efits 23:01 The Enployer shall ';a'! 75% of to':e pre!!'.i.L:n of the ,present ~..? Liia Plan for ~mane.!1t and establisL'"":i employees. r...pon retire.~-= ~loyees shall receive! a S2,OOO paid.-up i.nsu..-a..~.ce EX'1i.C"] from the City 0: S~t: John. 23:02 Blue cross The Etr;Iloyer agrees to pay 75% of t..'1e cost of .iont.l-:ly prell:'iur:s for ~oyee ccve..rage IJr.Cer Plan US of Blue C-.""Css of Atlantic canada or other agreed-u;on plan, regardleS's of whet.~ the ert;lloyee is :raxtied or single. It is 1Jl".ce..'"Stccd arA. agreed t.....at Sl.lCh to ~en t, established a.."ld ~onq-te:a:l 5 years I seJ:Vi::e sea.so.~ ~ e:nployees only. Any Em!;lloyee wh::I is not a participant, shall not ~ entitled to a. cash paymmt in lieu of t..;a ~loyer' s s1'1.are of ti'.e ~Ull. The Eh1ployer shall aCministsr a r:ent:!.l Plan for the ll'Sl'li:1e:t's of Local 18 at r.o cost to the Union, for a<llJIipist....-ati.on. 23:03 All e!Itlloyee benefit plar.s ou:t1.i:1ed ha.....un shall be fully ne;ctiable and net changed wit.l;Q1tt mutu2.l consent. 23:04 ~y I tr.e Eltplaier shall provide each ~ane.."".t, ~ and 1cng-te::m seasonal (five years service or more) e!I;;l1oyee with a detailed anployee be.'1efi t sta~t outli."1inc; all bene.fi ts =r.d plans in the Collective Ag::::eerent. , ' 23:05 In the case of absence for illness or disability, t..'1.e E:mployer' s contr.i..bution will 1::e paid. to the Grou;l Li.fe :r.L'1surance Plan, Blue Cross 135 Plan and Pension Plan where applicable. 'Ir...is Article shall only apply to those ~loyees who qualL."'y ur.der t:his il..rticle. 2.3 : 06 The Blue Cross I::enefits shall continue to all retirees at the 9%'CUP rates which sl-.a.ll be paid fully by retiree, to be Cedu::ted f:rcr.1 pension c..'1eque. , , ;tj!:f' 23: 07 {) days I '1 jdtb>( l~ 1 j l Sick Leave Plan .il.ccurnulation Evexy ert;:I10yee shall accumulate sick leave at the rate of l~ ,{.( fer lrOnt..'1 wxked I..'P to an accumulated total of 180 days. ':'_CCl-'"!!Ula7_l! -' sic:.'< leave accrued 1::1} the ~lnvees as of tee. 31/78 shall be car:ied . , \. -'r-", /-il ///.{! :;~ , ,r . I Sick Leave cefined ~ j Sic.l( leave maar.s the psricd of ti.~ an eqlloyee is abse..''lt ~;1m for'.vaxC. 23: 08 ...ork w.i~'1 full pay by vL'"tue of l:ei.-.g sick or disabled, or llr"..der exarr.i."'.i.!.\:.;.cn O~ ::e.a~--:. of .a :;:hysiciai, c~~::~~~~~ / C~ ~er_-ti5t or =:-e---3. t..:..5€ C -= .3.., ""l :.-......- --..,.;......-- .........'W___.... .::::~_sc. :...:.(:~ '....-:::r,..... .......-.,:. --- -~..... ~ - -..-..- ~~..~- .:;;:. -~ .~-'- '-"'-'--'-- :';C=~'=:-e!"_S I :::::- '.~':;.:,.:.-. C:~'"":..z:a.-=-:.:::: ...,;"'....r:.~"'.. ,h.,,'. ...,....., , , ~~. ''''-''' ~.,._ .' '. "., ~ ,,_~ , ; . - ~ :'t f....,. , "~' '-~ -~-~.. ' , .. , . - , ' . /. '. ,...... ~ .' . . ,--. I . \ I I j [) \Y'f ~'v\.> ~ \;.'!". .. :~~ I '.. ~ . '1~~ . ,,' ~~ ., .... ~~-~ " /~ O~,) , ~\~, \ , f' rT;, \\,,\ ./ . ~~.;, \ '\ ," (" \!~' .'h o i .:~ ~ \:-- ., . , , '.......\. ,. " <)\ \~:L \. ~:;j , , " -". :--.. , '~ ~ " RiP' _~ ~..........~ .~- ~......_-~_. . . 1,.,_..,..;.....,,~ ._. ~O'~ _. R~R ---.. -29- A...-ticle 23 ~ N"e:.:ea=!! :aenefits (COnti e) 23:09 Fc= ;:O:::'.lt.:.. -.s e..'G::'d..'1::!. tie.ns tv ".jbysicians, chiropractors, or dentists, or routine vi.sits u:1.1ess as a result of a preVJ.01JS illness everY enclovee shall be entiU~ to a l~ days per year. 23:10 Sic:< Laave Records A5 sco.'1 as possible after the c.:losc of each calendar 'fear, " the employer s!-.all advise the Sick Lea\le Bank in \id.ting, of t..'1e ano~t of sic.1.; !.eave acc...~ to ea.c.'1 enployee I s credit and to the Bar.k. 23:ll Onicn Sick Leave Bank Conmit:tee The Cormti.ttee of Lc:cal 18 shall consist of tw:l (2) 1.ll1.ion rrerobers. The CCrmlittee of Local Union 18 C'.U.P.E. and the City shall consist of b.o representatives from the Union and b.Q from the City. ArrI disputes in reqaJ::ds tc the adlllinistrat.i.al. of the sick leave plan as defined herein shall be su1:rni:t:ted to the uOOamoted persons to act as a sole Arbitra'b::1r for arbitration in acCOJ:dance with Article 55 of the I:ndustrial Relations Act, RSN6. The Arbitrator shall be chosen on an equitable t'Otatir.g manner. If the first nam!!d is unable to act then the next in line shall r..ear ~~,'$ the rratter in disput and give his final ruling ~thMn hours fl:cm day of apfOint:lrent which shall be final and binding' on both parties. Either party can submit a dispute tc arbitration. Lxal IS Nominee Dr. R. Snow, 10 Mt. Pleasant Ave.. East Saint John, N. B. (652-3420) city of Saint John Naninee Dr. r... Morgan, 123 Hazen Street (657-6088) For greater clarificat:i.a1 either party rray replace their nominee by giving written notice to the other p!rtjr. 23:12 Sick. Leave Ban,"c CJ:edits No further accu;nulation to the Sick Leave Bank will l::e made after the Bank has a total of 800 days. When the Bank balance drops belo,'/ 400 days, further credits will again l::e peIJl1itted to the Bank. L/( ~- l, ~ Sick Leave Eank Allotlrents ~t) /;,;.1" )//} ~ Application for an allotms.!"l.t frcm the Sick Leave Ban.": Il'ay be Il'ade by an enployee, who, for exarrple, through a prolonged illness. has exhausted his CMn sick leave credits. ();t 11/ ,,..~ '- " ,L'"?-.' , ~ ~.~. I~" . , '- ~..... \ '...: , ~ .j. , ,-' ~ ~\, ~ ~\ , '\ . J f"') \J ~-..............~............--......;;---- -30- A....-t.icl-El 23 - ,',;lfara Benefits (Co:-:.t'd) P' , ,--<'~~-'---' . , , ..... 'J J \ "I : \ . :;0 e:rplc~'ee, ~loyed on a saascnal, casual or teIllXlrary basis can apply ~ the si::.'-' leave b.;l.nk. Sava and eJ!Cept a seasonaJ. employee ~Iho has 1,o,Or.<cd 11 =nths out of 12 consecutive rronths, said eIl'fllayee will be eligible for the sick leave ban.I.;. SI.lC.'1 erQloye=o..s ll'ay be gra.i.ted sick leave from the Bank upon the approval of t."'1e Union and the City Sick !.eave Bank: Comnittee 1..lj;.CI1 production of the appropriate medical cer-...ificat.e. No allotzlEnt from the sick leave bank shall be nade until the anployee has exhauate::l all his accunulated sick leave and vacation credits. Allotment of sick leave from the ban.~ shall be at the daily rate equal to the Eltp10yees 1 daily rate while on his ao:tm.1lated sic.1I;: leave. under no cizc1..m\9t:anc:es shall there be ~ ~q of benefits. 23:14 sick Leave and Vacation, Lea:ve - ~. \I . 'v. .I' , ..::, If an Eq:lloyee is on sick leave he shall not be entitled to any vacation benefits in the seo:nd or sl.lCCeeding year of illness. If such employee retums to active service, vacation J:enefits in that year shall .be pro-rated fran the date of retu= to active service. Arr:l etployee who by reason of being on sick leave has not cc::mpleted his annual vacation leave prior to the end of any Cal.endar yeax shall have such unused vacation leave set off against accUlll1l.ated sick leave used, and such vacation leave shall not be ava.iJ..able for use as vacation in the following yeaz. 23:15 ~.sion of Sick Leave ~ j" An employee witilllOre thaIl one (1) year of service WOO has exhausted his sick leave credits shall be alla...ed an extension of his .......J' ... sick ~ve'to a IrSJdmum of fifteen (lS~ mrking days. Upon his return to duty, the etilloyee shall repay the extension of sick leave in full before he accl.m.ll.ates credits again. Sick Leave Bank Credits Every enployee with one year or lI'Cre of se..."'Vice, \dll allow ___ i ~ ( - . one day par year, ccrmencing Januuy 1, 1978, frcm his sick leave crs.dits ~/I I " '/r;:;-., r0'J 23:16 for that year to I:e added to the Sick Leave Bank. (Jd1J1 G"\, ~,~. ~ :~ '" \ 'i.' rredical practitioner for any illness in excess of two (2) ~rJci.nr; days, ':I certifying that he was unable to can:y out his duties due to illness or ';~"." ~ ~";"-~'" .'i. . ..:-~~~~}....;~r+ i; ~ ~~ (D ,~ . I I J I I ! i \n \' ) \ e ~. ~ ~ . ''<:,-- .~ \,* '-J -"- ,~ - ~J,.c " , , ~ '... . '" ,'\.., ,~"-!\ 7' -31- ;,r-...icl; 23 ~';elfare Benefits (Cont '0) 23:17 VSd'.:=':.i.c~ :=:::;n Sick. Laave A c.e::'.:.=--ion s:J.all be made fro.Ll accu:t'l.ll.ated sick leave of all nomal \'.OrkL-,;:iays ~:clU5ive of holit.,.ys absent. for sick leave. Absence on account of ilL'less for less than half a day shall not be deducted. Absence f= )-~= a day or crere, and less than a full day, shall be deducte<l as cne half day. Sick leave shall be paid at the ert;)loyee's rate of pay for his pe:c:rnanent classification in effect on the first day of sickness. 23:1B Proof of Illness An erployee may be requi.red to produce a certificate from a due to ~sunl tc a contaqioIJs disease. Enployees with IlCre than fo1Jr (4) 1 or 2 day uncertified sick leaves in any ale 12 toont:h period. shall be requ;i.red to prodJ.Jce a m;adical cert:i.ficate frcm a doct:or for all future absences on sick leave which occur wi thin the sarre 12 m:mth period.. For the pw:p:lSe of this Article, U m:nth period shall be fI:om the day of the :Ei:rst illness. Sick Leave During !.eaVe of Absence' and Lay-Off When an enployee is laid off on account of lack of w:::irk, or is granted an approved leave of absenCe, he shall not receive sick 23:19 leave credits fer tile period of such absence but shall retain his C\lm.llative credit, if any, existing a.t the time of such layoff or leave of absence. These credits, if any, It'ay then only be used by the Slployee after he returns to active duty with the department. In the event the layoff pariod is longer than six (6) non"ths, the credits do net apply. 23 = 20 During the t:el:m of this Agreement the Ertployer will replenish the bank once only with 400 days, when the bank drops below 400 days after which the bank shall be replenished in acro:rdance with Article 23: 16. "- I.>,:~ ,Ai hospital for observations, examination or out-patient treatn'.ent in connection -r:...,!., I 1, ~ ~( /~ sick leave. Errployees sha.ll be required to present. a Veteran' 5 Affairs ' (Jill/;; 23:21 When an ElDployee is absent due to attendance at a mill 'Car'f \ ' with any disability sustained by such errployee as a result. of militazy service, there shall be no loss of payor deductions fro:n acCU'mllat:ed c.l1it for the ar;ount of t.irre detained by the D :1.A. HO,DUO.OO Performance Indicators Employee Wellness Appendix "B" Total Annual Sick Leave Expended (2003-2007) as of June 30, 2007 '(v,ooo.ao ~ -- --- - 60,000.00 --- 5(},000.00 40,000.00 :lU,OOo,oe :w,ooo.uo 1 {l,DOO.OO 2003 2004 2005 2006 --- - ..- .-.- -- -'- -.- - '.ijours_ _ _6} '627...91_ __ _ _ __?~7.~7.23__ __,. _~8~O~.DO __ _+ _ .~9o?~:3~ . Costs $1,274,866.67 $1,521,393.58 $1,569,577.15 $1,669,238.49 - - "- -..,.- ,,- - ~ ~. --- - ---.__ n_ _.~, ,,_ _ ___. .__ _ __ _~ _w _.._ YTD 2007 Projected 2007 -- ~ ~ -- -- - -- - -- - 31,417.42 62,889.34 -- --- ..- - -- - +- - -_. -- . - $796,973,90 $1,595,153.45 - --, .. - -- -"-- $1,800,000.00 $1,600,000.00 $1,400.000.00 $1,200,000.00 $1,000,000,00 $800,000.00 $600,000.00 $400,000.00 . $200,000.00 $0.00 :J5,oon.Oo 30,000.00 "Z5.00C.OO '20,000.00 i5,JOO.ao 10,OQG.OO 5,(lQO.OO . Hours . Costs Performance Indicators Employee Wellness Appendix "e" Outside Workers Total Annual Sick Leave Expended (2003-2007) as of June 30, 2007 l $700,000.00 ... -.. . - $600,QOO.00 $500,QOO.00 2003 2004 2005 2006, YTD 2007 Projected 2007 --- - _n._ -__ ~_....._.,_, __.._ _ ~__ _ _ ___ _ _ _.._ _ ._ ___........ _ __~ _._. __._ .n 29,279.45 29,939.00 26,323.75 30,520.62 12,873.75 25,747.50 - 'co _. .__ __ _ - __ ______ _ __~ _ _._ ______ _ '.n_ _ _ ~ __+~. '~.h_,._ __ --;-' _ __ _ _ _ __ _ ._.._ ._ ,._ _ $532,939.22. '.' ..~~!.~59.:.9.3 ..~..$5~8292'2.4.._.__$6~0~33~7 __._ _~~~~,-1~2.~7_... $.s46,3~.94 - - $400,000.00 .' $300,000.00 $200,000.00 $100,000.00 $0.00 35,000.UO -.- 30,000.00 -- 25,000.00 Performance Indicators Employee Wellness Firefighters Total Annual Sick Leave Expended (2003-2007) as of June 30, 2007 20,000.00-- '15,000.00 10,000.00 5,000.00 2004 I. Hours 27,531.50 .~~sts_. ~ $}03,74~.~ ~_: -!6~0~0~5-[- 2005 2006 __ _n ._._ ___.... _ __ ._._. __. 29,883.50 25,677. 50 --+- - ~_ .~_ __ n___.._ _+- __~._ ~. .___._ ._. ~ _' $731,035.159 $714,155.19 ----- ~- --_.~ - .-..-- - ---.- -~- --- ----' YTO 2007 - - - .~._.- 11,970.50 $344,128.91 Projected 2007 ----- -'- 23,941.00 -- - -. .- .- . $688,257.82 $800,000.00 $700,000.00 $600,000.00 $500,000.00 $400,000.00 $300,000.00 $200,000.00 $100,000.00 $0.00 12,000.00 i0,uOC.OO 8.000.00 6,000.00 4,000.00 2,000.00 Performance Indicators Employee Wellness Inside Workers Total Annual Sick Leave Expended (2003-2007) as of June 30, 2007 2003 2004 2005 2006 YTD 2007 Projected 2007 ___ ._._ ~ ___ _ _ _'~~'_T _ _.__._ __ _ _.. __ ,_ _ __ __. ._.__ .Hours 8,320.16 10,241.23 9,201.25 10,014.97 5,192.67 10,385,34 ~- -- ~ --..- - ----- --'- ._- l~' -~.. - ------ -+..- -...-..--.--- w_,._ ..--- ~ ____~_____ -.----- _____ '_ _ -_ -__ _ --.,. -_ __ _ __'____ i~c:::O~~: _ ~1!7.!.86~.~9 _~, _ ~2~~8'!7.~3__J __$32~,4?~2~___ ~ _ ~'!.3,~~:2!_ __ _ ~1~9,~2~.~ _ ___.._$~39~6~7.?0_ _ $300,000.00 -. - $250,000.00 $200,000.00 $150,000.00 -- $100,000.00 $50,000.00 $0.00 Performance Indicators Employee Wellness Management Total Annual Sick Leave Expended (2003-2007) as of June 30, 2007 3,uOO.OO ---- 2,500.00 2,000,00 " ,SUO. 00 1,000.00 500.00 I. Hours 1--- - -" .... '. Costs 2003 1,384.50 $46,086.68 2004 1,544.00 - --- ---- $57,350.81 2005 ~ ~ -------- 2,422.50 c___. ,_ _ _._ $91,264.28 2006 -~ _ ~~Jl~ioo --.=- $76,197.84 YTD 2007 -- ..- - 1,326.00 $58,697.87 Projected 2007 - -. - --- ~ 2,652.00 --I __ __ _ ._.. __ $117,39574 $140,000.00 $120,000,00 $100,000.00 . $80,000.00 . $60,000.00 $40,000.00 $20,000.00 . $0.00 180.00 160.00 140.00 - 120.00 100.00 80.00 60.00 40.00 20.00 Performam,,,, Indicators Employee WeJlness Appendix "D" Average Sick Leave Expended per Employee YTD by Employee Group as of December 31,2004 Outside Workers Inside Workers Casual 9.22 $165.33 Firefighters 157.32 $3.890.30 Management 23.04 $855.98 __Avl!:.:siCk Le,<lve H~, 102.18 I-Av9. SjckJ.~~ve Cost. ..~01.23 81.93 $1.727.10 L , , - r 15.84 $356.65 $4.500.00 $4,000.00 $3,500.00 $3,000.00 --- $2,500.00 - $2,000.00 $1,500.00 $1,000.00 $500.00 $0.00 Pertormar.",e Indicators Employee Wallness Average Sick Leave Expended per Employee YTD by Employee Group as of December 31, 2005 180.00 160.00 140.00 120.00 100.00 80.00 60.00 40.00 20.00 Outside Workers 1--:.:= I L.~g.~ickJ.-eav~ H~ _ .. 75.0~ I_Avg. Sick Leave COst t $1,448.14 75.42 1-- $1,815.17 Casual 1.17 $18.72 - ! 78.39 - - - -- 1 $1,616.80 154.84 $3,787.76 -+ $4,000.00 $3,500.00 $3,000.00 $2,500.00 $2,000.00 $1,500.00 $1,000.00 $500,00 $0.00 "so.Ge 140.00 120.00 '00.00 Performance Indicators Employee Wellness Average Sick Leave Expended per Employee YTC by Employee Group as of December 31, 2006 18t..OO i~U.OO --'----~----------~-_._~-~, - G(i,JC H:.lJt !().l.iil Outside Workers Inside Workers ,--~..._-_._~-~-.__._~ _._~- C- I_AV9' Sick Leave Hrs t 103.81 63.46 ---.--------- -----~--- !I!I.!I-'!'~, S!c::.k_~'!'.e..~~t ~ ~_ $2,076.30 _1.. $2,032.72 Casual/Non-Union Firefighters Manag::.m~~~ _ ~n.::!nion.___.I _$~~6:0 ----L-~~~~~~~;4 ~J . $1 ~~';~C~~-~"}J;i~~8-~-i - $4,500.00 -- $4,000.00 $3,500.00 $3,000.00 $2,500.00 - -- - $2,000.00 ~- $1,500,00 $1,000.00 $500.00 $0.00 Performance Indicators Employee WeUness Average Sick Leave Expended per Employee YTD by Employee Group as of June 30, 2007 aO.no --~~-_.___, 70.00 60.(}(j 50.00 40.UO 30.00 20.uO ,O.uO !./wg. ~siE~_ L,eave ,:!r~ _ 1I~,,9:~c~ ~e~ve 2~s~_ Outside Workers Inside Workers CasualfNon-Union Firefighters Management .._ L_ _ __ _.._._ ._n_ ~__ _____ .._._ _ ___. ._. _. __. ___~ __ _ _. _ __'_ __ __, __ . _ .__--+ 43.79 40.57 . 70.00 17.68 7.79 -., --...--------.- _.._~--~--- --.,.-.--- -.- -...-----.,.-.----.--.-.-. .------- --,---- ---- -._- $928.96 $936.16 $0.00 $2,012.45 $782.64 $172.24 Non-Union $2,500.00 $2,000.00 $1,500.00 - $1,000.00 $500.00 $0.00 Performance Indicators Employee Wellness Appendix "E" 350.00 300.00 50.00 - __n 250.00 40.00 200.00 30.00 - 150.00 20.00 100.00 10.00 50.00 r-'---~'--_. I.YTD 2004 - ,._no ___ ~YTD # of Employees Total # of Employees With No Sick Time YTD by Employee Group as of December 31, 2004 60.00 Management r--- - 37.00 2,00 - I , ~~~__~J__~OO _ 19.00 125.00 3.00 45.00 40.00 175.00 - t- JOG.OO '!50.NI 200.GO :50.00 'uG.(jC Performance Indicators Employee Wellness Total # of Employees With No Sick Time YTO by Employee Group as of December 31, 2005 400.00 I 350.00 -. -. - . . -. -. _ _ '. _ . 3G.lJlJ Outside - _. - -.- - ~ .YTD 2005 37.00 - -- - - - -. - _ --- _ _ ___r._ ..._'_ !.it o! ~'!IlJlo}lee~ _ _ _ 291.00 _ _ _ _ . _ __ Inside Casual Fire Management -- --. - - -- -- --- - .- ,~ - - 42.00 71.00 Non-Union 3.00 9.00 22.00 - - - '. ---~- 120.00 3.00 -'-- .-. - - '- ---. --.... - 86.00 43.00 -- - ~ -. - - ..". - - - - - -.- 176.00 350.00 300.00 250.00 200.QO 150.00 100.00 50.00 250.l)a 200.00 lSD.GO 100.00 Performa nee Indicators Employee Wellness Total # of Employees With No Sick Time YTD by Employee Group as of December 31,2006 4no.oo 350.0(\ ---~-- -~'-------~"___ __u__.__~ 50.0< 300.00 ~ - ~--------,- ~._---~~.__._- ~_._._~ --- -~~._--~.~._'-----------_._~---~----_._--~.._- --- ~-~ Inside Ca5ual/Non Un Ion & Sessionals 189.00 79.00 Fire Management Non-Union I ---.- -------.- .~----.-_l 54.00 38,00 1.00 I . -~ '-~ -- --- -- -- '---1 ___1.?4.:.0~_--L._~~_ ~_ _~EO______ Outside !~yr~?~oj~ ~=~~ ====-: - r=_-=~.oo'-- L"'~ot~l!I c:f_C,-!rr.€'rll E;:n:p!9~~ .Y!DJ_ __~~.OO ~ 17.00 -----_.~-- 120.00 350.00 300.00 250.00 200.00 150.00 100.00 . 50.00 250.00 200.:10 wu.OO HlO,JI, . YTD 2007 I. T01~ # o! Cur~ent ~mployees YTD Performance Indicators Employee WeJlness Total # of Employees With No Sick Time YTD by Employee Group as of June 30, 2007 40(1.00 5U.~fO I 350.00 :l50.DO 300.00 JOO .JC 200.00 150.00 100.00 Outside I Casual/Non Union &, Sessionals Non-Union Inside Fire Management 71.00 --~ ---. -.- _.__o_ 294.00 30.00 T. _ ._._ ~ __ ____ _ _. _ __ 128.00 106.00 --~- --,. .-- --- 162.00 63.00 ~-- - -- -.--..-.. -- t71.00 45.00 75.00 200 7.00 10,000.00 9,000.00 8,000.00 7,000.00 6,000.00 5,000.00 4,000,00 3,000.00 2,000.00 1,000.00 . Hours .# of Employees Performance Indicators Employee Wellnes5 Total Sick Leave (Between 200 & 800 Hrs) YTD by Employee Group as of December 31, 2003 Outside Workers Inside Workers 7,178.10 21.00 2,893.25 10.00 Casual/Non Union & Sessionsls Firefighters 8,904.50 24.00 Management 217 ,00 1.00 Appendix "F" Non-Union 30.00 25.00 20.00 15.00 10.00 5.00 12,000.00 10,000.00 8,000.00 6,000.00 4,000.00 2.000.00 i Outside Workers III_Ho~~_ L 1O~C!40-?0 l!# of Employees i 28.00 Performance Indicators Employee Wellness Total Sick Leave (Between 200 & 800 Hrs) YTD by Employee Group as of December 31, 2004 1,436.75 --- --. - --4 4.00 Casual Non-Union 30.00 25.00 20.00 15.00 10.00 5.00 10,000.00 9,000.00 8,000.00 7,000.00 6,000.00 5,000.00 4,000.00 3,000.00 2,000.00 1,000.00 .Hours .# of Employees Performance Indicators Employee Wellness Total Sick Leave (Between 200 & 800 Hrs) YTD by Employee Group as of December 31, 2005 Outside Workers 6,395.00 20.00 Inside Workers 2.014.00 7.00 Casual Firefighters 8,797.00 26.00 Management 917.00 2.00 Non-Union 609.00 1.00 30.00 25.00 20.00 15.00 10,00 5.00 Performance Indicators Employee Wellness Total Siek Leave (Between 200 & 800 Hrs) YTD by Employee Group as of December 31, 2006 I n,DOO,OC 9,OUO,00 ~----- ---~-~ R,OO~_OO t ,OOC,0G d,iJOO,CC tiICor;.~.h:: ~.../;o~~.oc :;,J')',-"fJG Oi,:,JJ..;;C "CDIJ.DC 1 ' Casual/Non Union & . , , O"uts, Ida, Workers Inside Workers 5' r Firefighters Manage, man! " "Non-, Union, I I esslona s + I ~i;ii~~;s-1_~~-=~~~ l- 1._:~~~50 ~_~~~ I~~-=L 9~~d~- ~~t ~=~-~__--~~ 30.00 25.00 20.00 15.00 10.00 5.00 Performance Indicators Employee Wellness Total Sick Leave Cost (Between 200 & 800 Hrs) VTD by Employee Group as of December 31,2003 $250,000.00 30,00 25.00 $200,000.00 20.00 $150,000.00 15.00 $100,000.00 10.00 $50,000.00 5.00 $0.00 Casual/Non Union 8< Outside Workers Inside Workers Sessionals Firefighters Management Non-Union . Costs $134,469.29 $62.127.36 $0.00 $197,733.81 $8,970.16 $0.00 . # of Employees 21.00 10.00 24.00 1.00 $200,000,00 $180,000.00 $160.000,00 $140,000,00 $120,000,00 $100,000.00 $80,000.00 $60,000.00 $40,000,00 $20,000.00 $0,00 I r-" I 1- Costs i nn - t 1.#ofEmployeas I Performance Indicators Employee Wellness Total Sick Leave Cost (Between 200 & 800 Hrs) YTD by Employee Group as of December 31, 2004 $188,530,11 28,00 I 1 I Casual $0,00 I $8,339,76 1.00 Non.Union $0,00 30.00 25.00 20.00 15,00 10.00 5.00 -I I $250,000.00 Performance Indicators Employee Wellness Total Sick Leave Cost (Between 200 & 800 Hrs) YTD by Employee Group as of December 31. 2005 30.00 25.00 $200,00000 20.00 $150,000.00 15.00 $100,000.00 10.00 $50,000.00 5.00 $0.00 . Costs .# of Employees Outside Workers $122,500.32 20.00 Inside Workers $47,252.59 7.00 Casual $0.00 Firefighters $212,989.45 26.00 Management $36,693.33 2.00 Non-Union $14,458.53 1.00 $250,000.00 $200,000.00 $150,000.00 $100,000.00 -- $50,000.00 Performance Indicators Employee Wellness Total Sick Leave Cost (Between 200 & 800 Hrs) VTD by Employee Group as of December 31,2006 -------~--.---~___r Casual/Non Union & . . Sessionals Firefighters Management Non-Umon: ~ _$0..00 ~ $20:~~~~.~ -Lu $-38~:~.69 =E-=-~o~ _ --J 30.00 25.00 20.00 15,00 10.00 5.00 3,500.00 3,000.00 2.500.00 2,000.00 1,500.00 1,000.00 500.00 . Hours .# of Employees Outside Workers 3,015.50 3.00 Performance Indicators Employee Wellness Total Sick Leave (Over 800 Hrs) YTD by Employee Group as of December 31, 2003 Inside Workers Casual Management Firefig hlers 918.00 1.00 Appendix "0" Non-Union 3.50 3.00 2.50 2.00 1.50 1.00 0.50 12,000.00 10,000.00 8,000.00 6,000.00 4,000.00 2,000.00 !~ours 1_# of E"'!ployeElS I Performance Indicators Employee Wellness Total Sick Leave (Over 800 Hrs) YTD by Employee Group as of December 31, 2004 Management Outside Workers ( 5,615.75 _+ 5.00 Inside Workers 2,613.00 2.00 Casual 1- Non-Union _ i 8.00 - 7.00 6.00 5.00 4.00 3.00 2.00 1.00 I 1 I Performance Indicators Employee Wellness Total Sick Leave (Over 800 Hrs) YTD by Employee Group as of December 31, 2005 14,000.00 9.00 8.00 12,000.00 7.00 10,000.00 6.00 8,000.00 5.00 6.000.00 4.00 3.00 4,000.00 2.00 2,000.00 1.00 . Hours .# of Employees Outside Workers 4.113.75 4.00 Inside Workers 1,743.00 1.00 Casual Firefighters 12,768.00 8.00 Management Non-Union 10,000.00 9,000,00 8,000.00 7,000,00 6,000.00 5,000,00 4,000.00 3,000.00 2,000.00 1,000.00 Performance Indicators Employee Wellness Total Sick Leave (Over 800 Hrs) YTD by Employee Group as of December 31, 2006 ~.___L_~_.______ ~. ._- 4.00 : Outside Workers Inside Workers Casual Firefighters Management Non-Union ~ _ _'._ _.m._.+_ _ __. ..__._ .~___._--+-- . ___ _ _ _'_~_._.___. __. ~~;~p~_;~=8,~~t -j=-~ ==~~--'+~~~-l__ ~=-I==j-=~ _~.i . 8.00 7.00 6.00 5.00 3.00 2.00 1.00 $60,000.00 $50,000.00 Performance Indicators Employee Wellness Total Sick Leave Cost (Over 800 Hrs) YTD by Employee Group as of December 31, 2003 3.50 3.00 2.50 $40,000.00 2.00 $30,000.00 1.50 $20,000.00 1.00 $10,000.00 0.50 . Costs .# of Employees $0.00 Outside Workers $53,983.28 3.00 Inside Workers $0.00 Casual $0.00 Management $0.00 Firefighters $21,271.22 1.00 Non-Union $0.00 Performance Indicators Employee Wellness Total Sick Leave Cost (Over 800 Hrs) YTD by Employee Group as of December 31, 2004 $300,000.00 8.00 7.00 $250,00000 6.00 $200,000.00 - 5.00 $150,000.00 4.00 3.00 $100,000.00 2.00 $50,000.00 - 1.00 $0.00 Outside Workers '.Costs $100,741.57 ._. - -- 1.# of Employe~ 5.00 I I l- Casual $0.00 Firefighters $284,418.98 7.00 Management ~on-Unio~~ $0.00 I $0.00 -- -- - ~ $47,791.02 2.00 $350,000.00 $300,000.00 $250,000.00 $200,000.00 $150,000.00 $100,000.00 $50,000.00 $0.00 . Costs .# of Employees Outside Workers $79,729.35 4.00 Performance Indicators Employee Wellness Total Sick Leave Cost (Over 800 Hrs) YTD by Employee Group as of December 31, 2005 Inside Workers $51,749.67 1.00 Casual $0.00 Firefighters $329,761.44 8.00 Management $0.00 Non-Union $0.00 9.00 8.00 7.00 6.00 5.00 4.00 3.00 2.00 1.00 $300,000.00 $250,000.00 $200,000,00 $150,000.00 $100,000.00 $50,000.00 $0.00 . Outside Workers r~~~i:p:y;~j--=-1~~6;~~4.66 . ~., _._-~-- _..__._..._~-_..__.~~--- Performance Indicators Employee Wellness Total Sick Leave Cost (Over 800 Hrs) YTD by Employee Group as of December 31,2006 Inside Workers $0.00 Casual Firefighters . ~a~ag.eme~ ,T _Non-un, ion_~,_ ~ $0.00 $275,897.41. I $O'~~--t-~D.O~~_.j .~- ~~O~.__J. --_-=--._----L _~u--=~.__ J 8.00 7.00 6.00 5.00 4.00 3.00 2.00 1.00 Performance Indicators Employee WeJlness Appendix "H" Number of Employees using less than 40 hours Sick Time: VTD by Employee Group 2007 3.500.00 I~ I 3.000.00 r- 2,500.00 2.000.00 ~- ~.500.00 t - ! l,OOO.OC r 50C.OC Outside Workers Inside Workers -~- ..~.. - - -- . -.-.-- -- 1,334.39 -- -- - -- --- ~ - ~ 102.00 .Hours --. ---- ---- ..-.. - !IIII # of Employees 2,877.25 ~ _~ _,w _u __.. 218.00 250.00 . ... - -I 1 200.00 ____._ J 150.00 100.00 50.00 Firefighters - .-.-.-- 1 .206.50 - ~----- _. ~-- - -.. 127.00 Ma.nagement .-. --- ._. -- --- . 159.50 ----- ..--- ..----- - ------,-- 73.00 Non-Union 54.50 ---- ---.- 7.00 .Hours 2,192.50 --. ..--., -- ~ --- --- ..- -- -....-- --- -- i~2!~plo~es~. _u_ J6~._~___ 2,SOG.OO -r---- i 2,000.00 1.500.00 , .000.00 50C.00 Performance Indicators Employee Wellness Number of Employees using less than 40 hours Sick Time: YTO by Employee Group 2006 180.00 160.00 _...m _...____ I 140.00 ~ 120.00 i 1 100.00 f 80,00 - i 60.00 40.00 -'--'--- - 20.00 I lP I-- I Outside Workers Inside Workers Rrelighters -- - <- - - -' - -- 1,097.00 - - - '-- - --. 101.00 Management 510.50 68.00 Non.Union 1,110.83 - ,_ __~_ ___,_r. _ n_ 89.00 111.00 6.00 Performance Indicators Employee Wellness Number of Employees using less than 40 hours Sick Time: YTD by Employee Group 2005 2.500.00 160.00 140.00 2,000.00 120.00 100.00 1.500.00 80.00 1.000.00 60.00 40.00 500.00 20.00 Outside Workers 2,324.50 144.00 Inside WorKers 1,041.50 72.00 Fi refighters 914,00 86.00 Management 706.75 74.00 Non-Union I_HOUrs _# of Employees 74.50 . .~-~ 6.00 i 2.500.00 2,000.00 1.500.00 1.000.00 500.00 . Houl'$ .It of Employees Performance Indicators Employee Wellness Number of Employees using less than 40 hours Sick Time: YTD by Employee Group 2004 49.70 5.00 160.00 140.00 120.00 100.00 80.00 60.00 40.00 20.00 Performance Indicators Employee Wellness Number of Employees using less than 40 hours Sick Time: YTD by Employee Group 2003 2,000.00 140.00 1.800.00 120.00 1.600.00 100.00 1.400,00 1.200.00 80.00 1,000.00 60.00 800.00 600.00 40.00 400.00 20.00 200.00 Outside Workers 1.779.00 131.00 Inside Workers 1,002.41 81.00 . Hours .# of Employees 33.50 8.00 Appendix "1" City of Saint John Values The organizational values are stated as Commitment, Integrity and Responsibility Commitment Our commitment is demonstrated through: )0> High standards of personal performance and professional growth; )0> Results and continuous learning; )0> Follow through on our obligations to each other and the citizens; );> Our actions and responsibilities; )0> Shared responsibility between the employee and employer for the development of appropriate technical, interpersonal and team skills; ). Knowledge of what is expected of us and how our contribution is measured; ). Attraction and retention of people with the best qualifications, skills, aptitudes and attitudes that match our long-term requirements and work culture; and, )0> Effective knowledge transfer, skill development and succession planning. In our actions we will: )0> Make employment a rewarding experience; )i;> Provide timely feedback on the status of work requests; and, ). Be accountable for our actions and responsibilities. Integrity Our integrity is demonstrated through: );> Trust, respect and open communication; ). Sharing of information to maximize understanding, commitment and ownership; ). Recognition and avoidance of behaviours that others may find offensive, including the manner in which we dress, speak and relate to one another, and the materials we bring into the workplace, both printed and electronic; ). Ethical conduct, doing the right things, keeping commitments, engaging in fair and honest interactions and ensuring that every action we take reflects the highest ethical standards; }> Recognition that being treated fairly does not always mean being treated the same way; >> Recognition that acceptable social and professional conduct varies between cultures; .>- Treatment of others that reflects the way we would like to be treated; and, ):> Honesty, dignity and kindness toward each other. In our actions we will: }> Remove ourselves from discussions and decisions where our judgment may be in conflict with a personal interest; .>- Remove ourselves from discussions about other colleagues unless they are positive and supportive towards the individual; .>- Respect the rights and property of others, including their intellectual property; .> Assure that no payments or favours are offered to influence others; .> Keep records that are accurate; .> Exercise good judgment in the exchange of business courtesies, meals and entertaimnent by avoiding activities that could create the appearance that our decisions could be compromised; .> Constructively offer and accept feedback; and, .> Resolve conflict in a direct and timely fashion. Responsibility Our responsibility is demonstrated through: .> Maintenance of current skills and knowledge by taking the initiative for our own personal growth; .> Creation of a work environment where employees feel free to express their opinions and to raise questions and concerns in a safe and supportive environment; )> Optimal use of our resources and adherence to defined processes; ). Processes and systems that are simplistic and understood by and developed with input from those responsible for execution; }> Full accountability for our actions and responsibility for the outcome; ):> Protection of the City of Saint John's reputation through values-based conduct; ~ Assurance that those who do business with us have equal opportunity to compete for our business; ;.- Protection and perseverance of assets, including intellectual capital, for the City of Saint JOM'S benefit; and, ). Respect for our values. In Our actions we will: ). Base our decisions and responses on our values and on what is in the best interest of City of Saint John employees and citizens; );> Provide timely response to client request/needs; ). Support and encourage community involvement; )> Celebrate our successes; and, ). Recognize individual, team and organizational achievements in a fair and consistent manner. Appendix "J" LETTER OF AGREEMENT #6 BETWEEN: The City of Saint John "The Employer" AND: The Saint John Firefighters Association Local No. 771, IAFF "The Union" SUBJECT: Return to Work Committee The parties agree to focus efforts on active case management where an individual is absent from work due to illness or injury, the goal of which would be to see a timely return to work for the individual. Return to Work programs are based on the philosophy that many employees can safely perform productive work during the recovery process. Return to Work options can involve transitional duties (temporary work tasks that are meaningful and productive) and or a gradual return to work. It could also involve workplace modifications and/or assistive devices. Benefits of a comprehensive program are as follows: Worker's benefit by a more rapid and complete recovery. They are also able to perform meaningful work while maintaining their income levels and job status within the organization. · Employer's benefit by a reduction in the length of time the employee is away from the work site, therefore reducing costs. · Unions benefit by protecting the employment and employability of their members. Health care providers benefit by having an additional tool for helping injured workers recover form illness and injuries. In an attempt to move this matter forward the parties agree to a pilot project with a two (2) year duration. This project will commence on January 1, 2006. - 54- RETURN TO WORK PROGRAM PILOT PROJECT Introduction The parties agree to establish a joint Return to Work Committee. The mandate of the Return to Work Committee will be the safe return to work of the injured or ill employee. This committee will consist of: two representatives of Local 771, a representative from the Fire Department and a representative of Human Resources. This initiative will be in the form of a two year pilot project in order for the parties to better define the process and determine the most effective methods to be used. The following documentation is intended to form the basis of discussion and consultation. Process Outline Once an employee has orwill be absent from work for ten (10) consecutive calendar days. The following documentation must be forwarded to the Human Resources: · Authorization for the release of medical information. · Other supporting documentation which could include: employee statement, employer's statement & attending physician's initial statement. Note: It will be the employee's responsibility to ensure that both their statement and the attending physician's statement are completed. Cost for the physician's statement will be paid by the employer. All claims will be forwarded to a third party expert provider (selected in consultation with Local 771) to review claims and make recommendations to the Return to Work Committee. The Return to Work Committee will meet to review claims based on the recommendations of the third party provider. The mandate of the Return to Work Committee will be the safe return to work of the injured or ill employee. The priority will be to return the affected employee to his/her own occupation first and/or secondly a position within his/her Bargaining Unit. A request for supplementary medical information from the attending physician during the process may be necessary to understand response to treatment, limitations, restrictions, and prognosis with respect to return to work. Such requests for supplementary infonnation would be collected on a separate form. Once again it will be the employee's responsibility to have their attending physician complete. Should the third party provider deem it appropriate to request information from a medical practitioner to understand the nature of any specific restrictions that may be necessary in order to facilitate the return to work. This information would be collected using a return to work assessment form. Once an employee is ready to begin a return to work, the Return to Work Committee along with the third party provider would develop the specific return to work plan for individual cases. - 55- The Human Resource Officer assigned responsibility in this area will lead, monitor, and manage the process. At any time during the period of illness the third party provider may have the employee assessed in order to determine if she or he is a candidate for Long Term Disability benefits. Should it be determined that an application for Long Term Disability is appropriate the employee must make application to the City of Saint John Pension Board. Any information collected through the Sick Leave process will be held in strict confidence and will not be shared with the long term disability provider unless otherwise approved by the affected employee. This Letter of Agreement forms part of the Collective Agreement date SIGNED on this _ day of Dec 2005. FOR THE EMPLOYER: FOR THE UNION: - 56- Appendix "K" REPORT TO COMMON COUNCIL M & C 2006 - 330 December 14th, 2006 The City of SaiDl John His Worship Mayor Norm MacFarlane And Members of Saint John Common Council Your Worship and Members of Common Council, SUBJECT: COLLECT/VE AGREEMENT CITY OF SAINT JOHN AND CUPE LOCAL 18 INTRODUCTION Purpose The purpose of this report is to present to Common Council, as Employer, a proposed (tentative) working agreement with Local 18, CUPE (Outside Workers), for the term January 1S\ 2007 to December 31St, 2010. Negotiations have been going on since Council authorized formal talks to commence in May of this year, with the status of talks reviewed on several occasions in closed session of Committee of the Whole. Collective bargaining dialogue has been generally positive and constructive, concluding on Thursday, November 30th. Council has been briefed on the tentative agreement in Committee of the Whole and it has since been ratified by the Union membership. BACKGROUND The operational employees represented by this bargaining unit provide a wide variety of municipal public services, many essential to the community and its quality of life. Their work covers operations, maintenance, repair and service activities in water and wastewater, public works and transportation, leisure (parks) services, materials and fleet, and building services. Interest-Based Approach The parties to this collective agreement have used interest-based negotiation (IBN) methods in collective bargaining and resolving workplace issues for over 10 years. This "principled" approach has enhanced the labour-management relationship, reduced grievances to a minimum and allowed the status quo to be challenged. M & C 2006 - 330 Collective Agreement, City of Saint John and CUPE Local 18 December 14rh, 2006 Summarv of Contract Chanlles A copy of the revised working agreement is attached, with changes highlighted through the document. The proposed contract reflects a large number of amendments, additions and deletions, ranging from minor administrative to very significant: I :0 I Intent and Purpose... added reference to health and wellness 1 :02 Vision and Values ... new, recognition of workplace values 3 :07 While On Duty. .. new heading only 4:01 Human Rights Act... new heading only 6:03 Establishment List... add "annually" 6:04 Establishment Minimum... reference to departments updated 7:01 Mutual Interest Committee ... updated 7:02 Career Development Coordination Committee... new, from Schedule "An 7:03 Training & Certification Advisory Panels... new, from Schedule 14A" 8:04 Casual Employees... employment limits, applicability of agreement 10:01 Training and Career Progression ... consolidation of provisions 10:02 Training and Career Development Opportunities... consolidation 10:03 Promotion. .. major change, new requirements for promotion 10:05 Timelinefor Posting and Promotions ... consolidation of provisions 12:03 Processing of Grievances - Levels... disciplinary references moved out 13: 14 Time Off In Lieu of Overtime ... outstanding entitlement paid out 13:17 Employee Shift Change ... administrative 13: 18 Temporary Shift Change... waiving notice 13: 19 Shift Pick... completed prior to vacation selection 13 :20 Leadership Job Set. .. salary provisions introduced for leadership level 14:04 Overtime Meal Allowance... administrative to reflect current practice 15:01 Vacation Entitlement... enhanced benefit 15:03 Statutory and Proclaimed Holidays... outstanding entitlement paid out 15:09 Number of Employees on Vacation Leave... 40-hour blocks, by March 15:10 Vacation Carry-over... exceptional circumstances only 16:07 Maternity Leave ... provisions in line with current standards 16:08 Child Care Leave... provisions in line with current standards 17:01 Objective: An Injury-Free Workplace... new, clear objective Page 3 M & C 2006- 330 Collective Agreement, City of Saint John and CUPE Local 18 December 14m, 2006 17:02 17:05 17:06 17:07 20:09 20:10 20:11 20:12 21:02 21:03 21:04 21:05 21:06 22:01 22:02 22:05 23:01 23:02 23:18 23:22 27 28:01 28:02 28:03 28:05 Reporting of Injury - Immediate Notification and Follow-Up... timely Injury Claim - Employee Responsibilities. .. new, proper follow-up Mutual Responsibility (Management/Union) ... understand obligations Notification of the Union .,. communication Responsibility for Safety... newl managers and supervisors at every level Role of Safety Officer... new, corporate safety program The Three Rights... new; (1) to refuse, (2) to know, (3) to participate Reports of Incidents and Accidents. ,. make available Replacement of Clothing Issue... administrative Safety Footwear... administrative Safety Footwear - Casual Employees... administrative Tool Allowance - Fleet Services Tradesmen... replace current practice City Supplied Photo ID ... identification carried during hours of work Access to Personnel File ... moved from Grievance article and updated Recognition for Innovation and Community Service .., to encourage Constrnctive Discipline - Duty of Mutual Respect,.. major change, clarify Group Life... from "paid-up" policy to monthly premiums Medical, Health and Dental Plans. .. to reflect benefit level of other units Proof of Illness... simplificationl compliments retum-to-work policy Final Resolution ... updated Term of Agreement... four (4) years, 2007 to 2010 inclusive Wage Rates... annual economic adjustments (3.25% I 3.25% 13.5% 13.25%) Classification Structure ... "Building and Inspection Services" added Pay Table and Salary Table... reference to Schedule "B" and "e" Instrumentation Control - Industrial Electn'cal ... market conditions and system critical role of highly skilled and critical water/wastewater staff Schedule "A" Employment and Development Framework... updated Schedule "B" Wage Rate Table... pay factor adjustment Schedule "e" Salary Table... new, with pay factor adjustment Schedule "DOl Dispatcher/Duty and Customer Services Specialist... updated Transition Letter of Agreement (2002) New Employment Structure,.. deleted Letter of Agreement Workplace Quality and Wellness ... new, major change Page 4 M & C 1006 -330 Collective Agreement, City of Saint John and CUPE Local 18 December llh, 2006 The major or most significant changes to the collective agreement will be covered more thoroughly in the following sections of the report~ as will other issues of concern. Terms of EmDlovment - Casual Employees Article 8:04 has been amended to clarify the employment status of casual workers: .. All casual employees are considered new hires; ... Casual employees in specialized roles "after agreement"; .. Casual employees not subject to the terms of agreement... except for Union Dues, Statutory Holidays and Casual Rate of Pay; and ... Casual employment shall not exceed six (6) months in any calendar year. Casual employees are used primarily in Leisure Services to support delivery of summer programs, with some other areas employing one or two temporary people for specific functions. The largest department, Municipal Operations & Engineering, has not utilized casual workers for many years. Promotion Articles 10:03 introduces more rigorous requirements for promotion, recognizing the increasingly demanding roles played by staff with greater levels of responsibility. The criteria considered in determining the "ability and qualifications" of employees seeking promotion has been specifically set out: 'The ability and qualifications of employees seeking promotion shall be determined through a staffing process coordinated by Human Resources. Criteria used to evaluate the ability and qualifications of candidates for a job shall include: meeting minimum prerequisites for the job; required knowledge, education and training,' acceptable job performance; and required competency. Based on the evaluation of these criteria, a recommendation shall be made to the Department Head and, subject to his/her concurrence, a recommendation for appointment of the successful candidate shall be made to the City Manager. ".,,2 Each of the four criteria is then defined in subsequent paragraphs. While the first two reflect current practice, significant change has been made with respect to job performance and competency requirements. Minimum Prerequisites "The minimum prerequisites for a job are those factors such as work experience in a career field, recognized industry or service area certifications (or equivalent licenses), and driver's licenses.,,3 2 From Article 10:03(b) ... proposed Working Agreement 3 Article lO:03(c) ... proposed Working Agreement Page 5 M & C 2006 - 330 Collective Agreement, City o/Saint John and CUPE Local 18 December 14th, 2006 Knowledge. Education and Training "Applicants for promotion must satisfy the knowledge, education and training requirements for the applicable job level, in accordance with the structure outlined in Schedule 'A ,.,,4 Job Performance "The job performance criteria includes reliability and regular attendance at work, achieving desired work outcomes, participation in training programs. ability to work in a team environment and demonstrated potential for promotion to the job being sought. The documented perfonnance of employees shall be used in thejob performance component of the staffing evaluation. .....5 Competency "The competency of a candidate for promotion must be confirmed by a positive recommendation in writing from both the employee's immediate supervisor (foreman, operator, general foreman, or manager, as applicable) and the manager responsible for the supervisor's work unit.,,6 This is an important change to the collective agreement from the perspective of the Employer. While it establishes an onus on management staff and Human Resources to provide supporting systems and ensure documentation (both positive and negative), the benchmark for promotion has been raised substantially. This, we believe, is essential to the City's ability to provide high quality, cost effectively delivered services to the people of Saint John. Leadershio Job Set Article 13:20 introduces a system of salaries for the remuneration of employees in the Leadership Job Set; the most responsible level of unionized staff with direct responsible charge of water and wastewater facilities, as well as operational and service sections in various departments. These staff shall work the time reasonably required to satisfy the duties and responsibilities of the job and are not eligible for additional overtime pay. "Members of staff in the Leadership Job Set shall be paid on the basis of salary which shall incorporate a factor for time over and above the normal hours of work outlined in Article 13:01 and related provisions. These employees shall work the time reasonably required for the duties and responsibilities of the job, as established by the Department Head. Article 13:11 shall not apply for employees in the Leadership Job Set.,,7 The salary calculation is integrated with the formula for the wage rate structure for other employees, with a 9% factor built in for time over and above normal hours of work. This is seen as a very important change for the effective leadership and management of the workplace generally. 4 Article IO:03(d) ... proposed Working Agreement 5 From Article lO:03(e) ... proposed Working Agreement 6 Article 10:03(f) ... proposed Working Agreement 7 Article 13:20 ... proposed Working Agreement Page 6 M & C 2006-330 Collective Agreement, City of Saint John and CUPE Local 18 December 14th, 2006 Vacation Entitlement Article 15:01 provides for the vacation entitlement of employees, with changes to become effective on January 1 st, 2008. The schedule of vacations has been enhanced to approach, but not equal, that provided for the CUPE, Local 486 group of employees: ,.. One (1) year continuous service: 80 hours (no change) ... Two (2) years continuous service: 120 hours (no change) ... Eight (8) years continuous service: 160 hours (was 10 years) ... Twelve (12) years continuous service: 200 hours (was 20 years) ... Twenty-five (25) years of continuous service: 240 hours (was 30 years) Maternitv Leave I Child Care Leave Articles 16:07 and 16:08 reflect changes to bring maternity leave and child care leave provisions into line with current standards. Although no current employees are eligible for maternity leave, it remains an organizational goal to bring together the strongest workforce possible for the long-term and to attract qualified women to that workforce. lniurv on Dutv The parties recognize the adverse affects of injury in the workplace. In Article 17:01, the parties set a clear and very important objective, with the reasons behind that goal and the responsibility for its achievement: Obiective: An Iniury-Free Workplace "An injury on duty represents afaiJure on the part of all concerned. The pain and sziffering. the loss of productivity, the interruption of career and the unnecessary costs associated with injury on duty are preventable. It is, therefore, the objective of the parties that this workplace strives for an injury-free record. To that end, all concerned have a responsibility to contribute to achieving saft, healthy and injury-free workplace...8 Article 17:02 on the reporting of an injury has added emphasis for timely follow-up, on the part of both the injured employee and the manager responsible for that employee: "... The employee shall report such injury on duty on a WHSCC Form 67 - Report of an Accident or Industrial Disease and duly sign the Form 67. The manager responsible ... shall ensure the injury is reported ... by completing and signing a WHSCC Form 67 ..., within three working days of the accident, or within three working days of receiving notice of the accident...9 8 Article 17:0 1 ... proposed Working Agreement 9 From Article 17:02 ... proposed Working Agreement Page 7 M & C 2006- 330 Collective Agreement, City of Saint John and CUPE Local1S December 141h, 2006 To ensure employees understand exactly what is expected of them if injured on duty, their responsibilities in the event of an injury claim are clearly listed in Article 17:05. Article 17:06 requires both Management and the Union to understand specific obligations and responsibilities under the Workers Compensation Act and the Human Rights Act. Safetv In addition to updating the various provisions of Article 20, three new clauses have been added concerning rights and responsibilities in workplace health and safety. Article 20:09 deals with responsibility for safety; Article 20: 10 clarifies the corporate program responsibility of the safety officer; and Article 20: 11 duly recognizes the three basic rights of employees in matters of employee health and safety. Tool Allowance Provisions for a tool allowance have been introduced in Article 21 :05 (for Fleet Services tradesmen) to replace the current system of payment for replacement of lost or damaged tools. These tradesmen invest heavily in providing their own personal tools on the job. The change is intended to streamline administration and make costs more predictable. City Supplied Photo ID Article 21 :06 provides for photo identification of all permanent employees, with employees to carry their photo identification card during all hours of work. Many of these staff members deal directly with citizens, business owners and many other members of the public and, as such, must be able to identify themselves to our clients. Access to Personnel File The clause dealing with access to an employee's personnel file has been moved from the article on the discipline and grievance process to Article 22:01 under the general heading of "Responsibility". It also becomes a strictly administrative provision. Reco2nition for Innovation and Communitv Service Innovation in the workplace is extremely important for its future. The parties also recognize the importance of community service - given the nature of the work we do and on whose behalf we do it. A new Article 22:02 would replace a dated provision: ..... encourage innovation and community service. An employee or work team that develops innovated ideas and improved work methods, or makes positive contributions to the community shall be recognized by the City of Saint John. .....10 10 From Article 22:02... proposed Working Agreement Page 8 M & C 2006 -330 Collective Agreement, City of Saint John and CUPE Local 18 December 14th, 2006 Constructive Discipline - Dutv of Mutual Respect Order in the workplace is essential to its effective functioning and productivity. We believe that such a culture should be founded on mutual employee-management respect. New Article 22:05 outlines the framework for discipline, with the parties: .. ...committed to working together to create a responsive, enthusiastic and respectful unionized work environment - one dedicated to providing quality, cost- effective public services; achieving high standards of personal and group performance; and resolving issues constructively andfor the common good. ,,11 Articles 22:05 also specifies the commitment of the parties to: mutual respect in the workplace; recognizing legitimate corporate interests of the Employer and the need to advise employees on performance; maintaining the dignity of employees; providing support and guidance to improve performance; and a policy that encourages rehabilitation. 12 Discipline is defined: "Discipline shall mean any disciplinary action taken by the Employer against an employee which results in a written reprimand, a suspension or dismissal.,,13 Use of the disciplinary record ("sunset" clause) has been slightly adjusted in Article 22:05(c) by adding the words "provided that no disciplinary action has been recorded during that period" to a sentence previously found in old Article 12: 1 0: "Any document related to a disciplinary action will not be used against the employee at any time after 24 months following disciplinary action provided that no disciplinary action has been recorded during that period. ,,14 Article 22:05( d) describes the requirements of a disciplinary hearing. Group Life Article 23:01 has been amended to provide for payment of monthly premiums for $5,000 life insurance coverage for employees upon retirement, instead of a $5,000 paid-up insurance policy. The change is designed to simplify administration and moderate the impact of income tax on this benefit. 11 From Article 22:05(a) ... proposed Working Agreement 12 From Article 22:05(a) ... proposed Working Agreement 13 Article 22:05(b) ... proposed W orldng Agreement 14 Article 22:05(c) ... proposed Working Agreement Page 9 M & C 2006- 330 Collective Agreement, City of Saint John and CUPE Local 18 December 141h, 2006 Medical. Health and Dental Plans As provided in Article 23:02, effective January 1, 2007, the Employer agrees to pay $131.27 monthly towards the cost for single and $173.42 monthly towards the cost of family coverage, as applicable, for the employee's health, dental and travel coverage. The employee shall pay the remainder of the monthly premiums, as has been the case. This change brings coverage for these benefits into line with those of two other civic bargaining units, CUPE, Local 486 (Inside Workers) and IAFF, Local 771 (Firefighters). This was perhaps the most contentious issue for the Union in the months leading up to this round of collective bargaining. Participation in the plan becomes mandatory and is a condition of employment for all employees hired after January 1, 2007. Also, effective July 1, 2007, employees not participating in the plan will no longer be eligible to participate in the plan. Term of A2reement The term of the collective agreement, as identified in Article 27, is four (4) years from January 1 st, 2007 to December 31 st, 2010. The parties believe that the 4-year term best balances the need for a period of collective bargaining stability with the reality of very changing economic conditions - for both Employer and employees. Both longer and shorter terms were considered. Wa2es I Salarv Adjustment Table 1 City of Saint John Percentage (%) Wage/Salary Adjustments 2004 to Z010 Saint John 2004 2005 1006 2007 2008 2009 2010 Inside Workers 3 3 3 3 ? ? ? Outside Workers 2.75 2.75 2.75 "'3.25 (see note) 3.25% 3.50 3.25 Fire 2/2 2/2 2/2 2/2/? ? ? ? to June 30 only Police 4 2/2 2/2 2/? ? ? ? Where two numbers are shown, this typically indicates adjustments effective January 1 st and July 1st, except for Fire in 2007 (January 1 st and June 30th, with new tenn July lOll *Note: with pay factor change (differential between levels) effective increase is 4,5% Page 10 M & C 2006 - 330 Collective Agreement, City of Saint John and CUPE Loca/18 December 14th, 2006 Article 28:01 provides for economic wage and salary adjustments as follows: a) January 1st, 2007 3.25% b) January 1 st, 2008 3.25% c) January 1st, 2009 3.50% d) January 1st, 2010 3.25% It is never easy to arrive at an appropriate set of economic adjustments for a collective agreement. A series of factors need to be weighed, among them: conditions in the economy and community generally; the need to attract and keep skilled people to ensure service delivery; productivity gains; changes made to the working agreement, benefiting one party or the other; other wage settlements, both with the same employer and for other similar worker groups with other employers; and balance between the interests of the two parties, which at times can be diametrically opposite. In discussions on wages, union representatives emphasized repeatedly a need for relative fairness (i.e. equity) between the various employee groups of the Employer. Why should they be treated any less than anyone else? A fair question, one that challenged negotiators to find a solution that balanced the wage settlement of this collective agreement with the range of other settlements for bargaining units of this (or affiliated) Employer. Another set of comparators are wage settlements with other municipal employers for employees in similar work groups, as shown in the Table 2 below. Table 2 Outside Workers - Municipalities in Atlantic Region Percentage (o/.) Wage/Salary Adjustments 2004 to 2010 Outside Workers 2004 2005 2006 2007 2008 2009 2010 Saint John 2.75 2.75 2.75 *3.25 3.25 3.50 3.25 Moncton 1.5 11.5 1.512 1.5 11.5 1.5 11.5 1.5 /1.5 1.5 11.5 ? Fredericton 3 3.1 3 3 3 ? ? Halifax 3 3 3 2 (Nov) 2 (May) 81. John's 4 (JuJ) 3.5 (JuJ) I Job Eva! Job EvaJ ? ? Rothesay 3.5 4 4 ? ? ? ? Adjustments are generally effective on January 1 ~[; where two numbers are shown, this typically indicates adjustments effective January] Sl and July 1 sf, except as otherwise indicated One city and its bargaining unit have opted to undertake a job evaluation process "Note: with pay factor change (differential between levels) effective increase is 4.5% Page 11 M & C 2006-330 Collective Agreement, City of Saint John and CUPE Iocall8 December 14th, 2006 In concluding the recommended wage settlement, we believe that it balances the interests of the parties to this collective agreement, reflects management changes sought through the bargaining process and is reasonably equitable (over time) with other employee groups of this Employer and with outside workers of other employers. Wage rates for casual employees and students will remain unchanged over the four years of the collective agreement. Instrumentation Control- Industrial Electrical Article 28:05 dealing with premium pay provisions for Instrumentation Control staff has been revised to reflect the addition of a second journeyman trade qualification (Industrial Electrical) for these employees and a concern for the City's ability to retain these highly skilled and valuable members of staff. They are critical to the operation of the technologically advanced systems utilized in water and wastewater and the market demand for them is high. The premium rates to be paid to secure their services into the future are justified and certainly not excessive for the industry. Article 28 :05 provides for the following: a) Technician (Instrumentation Apprentice): b) Journeyman (Instrumentation CEQ): c) Journeyman (Instrumentation + Electrical CEQ): d) Specialist (Instrumentation CEQ): e) Specialist Instrumentation + Electrical CEQ): Level 8 plus 10% Level 10 plus 10% Level 10 plus 15% Level 12 plus 20% Level 12 plus 25% A CEQ represents successful Interprovincial Licensed Journeyman status in the Instrumentation or Industrial Electrical trades. The Instrumentation trade is the one that is primary and essential. Emplovment and Development Framework Schedule "An has been updated and the related Transition Letter of Agreement from the last working agreement has been deleted, as the transition to the new structure has been successfully achieved. The parties look forward to working with the solid foundation that has been put into place. Appendix "A-3", the Employment and Development Structure for Leisure Services (Recreation and Parks), has been simplified to one career path. This change was sought by management of the department and represents a necessary step for the integration of workers there into one viable work unit. Appendix "A-4", the Employment and Development Structure for Materials and Fleet Management, has been streamlined, primarily to integrate progression among the various fleet related trades (mechanical, small engines, autobody repair and welding). Page 12 M & C 2006 - 330 Collective Agreement, City of Saint John and CUPE Local 18 December 14th, 2006 Appendix "A~5", the Employment and Development Structure for Building and Inspection Services, has been added to reflect the reorganization of carpentry services into that department a number of years ago and the introduction of a new building maintenance career path. The latter function will evolve from the staff team employed in the City's most significant historical facility - the City Market. Wa1!:e Rate Table / Salarv Table (for Permanent EmDloyees) Schedule "B" is the wage rate table for permanent employees in the skilled worker, specialist and supervisory job sets. Schedule "e" is the salary table for permanent employees in the leadership job set. The latter table is new and reflects the introduction of pay on the basis of salary for the highest level positions covered by the bargaining unit, as described in Article 13 :20. These tables are based on formulae that connect the various levels back a base rate. One of the elements in these formulae is a pay factor that in the previous collective agreement represented a 2.5% difference from level to level. It is proposed that the differential be increased to 2.75%. There is obviously a cost involved in making this change. The ~% increase causes the average wage rate change for 2007 to be approximately 4.5%. The rational for the change in the pay factor is twofold: (a) First, training and development investments being made have translated into generally more qualified employees, with an increased value to their Employer. Over the long-term, the City needs to attract good people, develop them to their full potential and keep them. We expect the challenges of the employment market to be very serious in the coming years. (b) Also, the introduction of a more rigorous promotional process and standards for promotion will make transition through the system more demanding for employees. Negotiators at the bargaining table believed that should be worth something for the people with the ability and qualifications to progress. DisDatchIDutv and Customer Service SDecialists DispatchlDuty Persons and Customer Service Specialists in Municipal Operations & Engineering are the people who man the operation on a 24/7 basis and respond to the situations and emergencies that arise. Typically, it is they who initiate the call to action during snow storms or in response to watermain breaks or other emergencies. They also carry out due diligence activities such as the monitoring of the chlorine residual (they check that water safety parameter every four hours outside of normal business hours). The particular working conditions and work days for these shift positions are detailed in Schedule "D" of the working agreement. Their work schedule follows an 8-week (56- day) cycle with employees working "4 shifts on and 4 shifts off". This represents an average of 42 hours per week over the eight-week cycle. Page 13 M & C 2006 - 330 Collective Agreement, City of Saint John and CUPE Loea118 December 141h, 2006 Schedule "D" has been revised and updated, including provisions for career development. Employees come to this small team from either Water & Sanitary Systems (Saint John Water) or Transportation Construction & Maintenance (Saint John Works). WorkDlace Ouality and Wellness Initiative A Letter of Agreement on Workplace Quality and Wellness, appended to the proposed working agreement, is structured around the following headings: .. Healthy Workplace - Quality Workplace .. Quality and Wellness Model .. Performance Measures .. Retum-to-Work Program .. Sustained Improvements in Performance .. Termination/Renewal The language in this document reflects a central focus in this round of bargaining: "A healthy workplace and a safe workplace is a high quality and productive workplace; one with a clear focus on the well-being of people and how those people contribute to organizational success. Achieving a high standard of wellness means adopting a philosophy of prevention and paying attention to details in the work environment. Such a workplace culture offers significant potential for improved employee well-being, enhanced service to the public and reduced negative elects related to health, safety, absences from duty and employee turnover. " Wellness can enhance the capacity of the organization to serve the public. Through this initiative, the parties want to create and sustain a work environment that is healthy, safe and productive. Five fundamental values, consistent with organizational values, have been identified as essential to creating a culture of wellness and success: (a) Mutual trust: a shared sense of confidence among participants; (b) Genuine respect: for people and concern for their well-being; (c) Integrity: conduct that is honest, fair and ethical; (d) Commitment to quality: service excellence to the public; and (e) Responsibility: accountability towards meeting expectations. Critical success factors for this multi-dimensional initiative include leadership, conscientious supervision, employee participation and responsibility, labour and management involvement, two-way communication, learning and understanding the need ] 5 Letter of Agreement, Quality and Wellness, Paragraph 1 ... proposed Working Agreement Page 14 M & C 2006 -330 Collective Agreement, City of Saint John and CUPE Locali8 December liM, 2006 for work-life balance. Outcome monitoring shall focus on measurable performance indicators related to meeting specific success factors for both employees and the organization. The Mutual Interest Committee for this group will co-ordinate the program. Return-to- Work Program Significant in the Letter of Agreement is a Return-to-Work Program that, fundamentally, recognizes that a workforce is made up of able-bodied, partially disabled and disabled persons with distinct needs and abilities, but with an equal right to work. It understands that many employees can safely perform productive work during the process of recovery. It also reflects obligations, responsibilities and rights under the Workers Compensation Act and the Human Rights Act. "Each worker contributes to the effective delivery of services and to the overall success of the organization. Absences from duty as a result of illness or injury are costly and affect many, including workers, their families, managers, co-workers, health care providers, and the public we serve. The parties acknowledge the benefits of a timely return-to-work from illness or injury, and further recognize the importance of financial stability and support for employees absent from work due to illness or injury. ,,16 This working partnership, through a joint Retum-to- Work Committee, intends to be progressive in dealing with cases of absence from duty for reasons of illness or injury and to be proactive in getting people back to work in a timely, safe and healthy manner. The program will employ retum-to-work teams~ which include the employee affected. An Occupational Medical Advisor (a specially qualified medical doctor) will be utilized to make recommendations for design of individual return-to-work plans and to act as a liaison with the employee's attending physician. Benefits for the Employer ~ Returning an experienced employee to work in a safe and timely manner; ~ Reducing the costs of training replacement workers; ... Maintaining a good employer-employee relationship; ~ Demonstrating to all workers that they are valued and needed; ... Reducing the length oftime employees may be away from work; ~ Greater productive capacity and lower costs associated with absences from duty; and ~ Contribute to a positive workplace culture. ] 6 Letter of Agreement, Quality and Wellness, Paragraph 10 ... proposed Working Agreement Page 15 M & C 2006 - 330 Collective Agreement, City of Saint John and CUPE Local 18 December 14[". 2006 Benefits for Employees ... Reduced impact of financial uncertainty on the employee and hislher family; .. Recovery will be more complete; .. Maintain dignity and self-worth by remaining a productive contributor; .. Enhanced opportunity to maintain physical and mental health; .. A sense of attachment and team will be maintained with co-workers; ... Maintain the regular routine of family life and reduce concerns about the future; ... Financial and emotional costs associated with absences can be reduced; and ... Contribute to a positive workplace culture. The retum-to-work process is outlined in Paragraph 19 of the Letter of Agreement. This program represents a genuine win-win opportunity for all stakeholders and a tremendous opportunity to make meaningful gains, to connect positively with employees and to improve service effectiveness and operational efficiency. This has to be a priorityl Sustained Improvements in Performance The underlying goal of the City of Saint John in the quality and wellness initiative is enhanced operational effectivenessl optimum value for money and better service to the public. Recognizing the high cost of absences from duty, the proposed agreement provides for substantive recognition of sustained and measurable productivity improvements, specifically significant reductions in time lost from work; reinvesting monies to supplement the employee share of monthly contributions for health, dental and travel coverage. Particulars are outlined in Paragraph 2] of the Letter of Agreement. Also, in Paragraph 22, a system of recognition and awards for both organizational units and individuals shall be established through the Mutual Interest Committee. Key areas of focus shall include: safe driving/operating record; facility upkeep / maintenance rating; community service; healthy active living; and others. ONE PROVISION NOT AMENDED - ESTABLISHMENT MINIMUM 293 Given concerns regarding the subject clause, the issue will be reviewed in some depth. In many unionized relationships! reaching a new collective agreement often involves little real change. Further, the nature of change is usually iacremental. As Council and the Saint John public should be aware that has not been the case with this collective bargaining relationship over the last three rounds of negotiation. Significant and systemic change has taken place since 1996, influencing a healthy transformation in the culture of the workplace. However, that is not to say that the contract is ideal! challenges remain. The pursuit of continuous improvement must continue to be central to the City's thinking. Page 16 M & C 2006 - 330 Collective Agreement, City of Saint John and CUPE Local 18 December 141h, 2006 Dealing with some issues can be very difficult; remember that the underlying motivation of collective bargaining is to find a mutually acceptable resolve to issues of concern - to reach agreement. It is unrealistic to expect every question that bothers one party or the other to be addressed fully to the satisfaction of both parties. That is particularly the case when the matter in question has deep historical or emotional roots. One of those issues is the establishment minimum prescribed in Article 6:04 of this Working Agreement: .. . . . the number of Local 18 positions shall not be reduced below a minimum of two hundred and ninety-three (293) permanentfull-time positions ...,,17 From an Employer's perspective, such specific language on resource levels (arbitrary number) can be very restrictive. Ideally, the only considerations that should influence staffing or other resource levels are decisions on how services can be most effectively, efficiently and securely delivered to clients and how much of those services can be afforded. It should be understood by this Employer that the minimum establishment of 293, entrenched in a collective agreement, could restrict flexibility in how the City of Saint John might deliver services and, as such, it is not in its long-term best interest. The clause went into the contract in 1981, after a bitterly contested round of negotiations and an 8-week strike in the dead of winter. The central issue that apparently kept the parties from a settlement was wages. From early February into April, Saint John experienced the withdrawal of many essential public services. A handful of management staff attempted to maintain the most essential of these through snowstorms, a major Glen Falls/Marsh Creek flood and a very emotional garbage crisis. The resulting industrial relations "war of attrition" produced a collective agreement with several long-term consequences. For about the next 15 years, workplace relationships were generally negative, seeming to focus on restrictive interpretation (of contract provisions) and questions of jurisdiction (over work). Bitterness and mistrust lingered, and the Saint John public was not well served as a result. To add to the debate about the "293" provision is the manner in which it became part of the Working Agreement. It did not "come in through the front door". In fact, it would appear it was not included in the draft agreement considered by Council in ending the strike. Appendix "A" to this report summarizes a bit of history from 1981. Council Direction 2006 As stated earlier in this report, the status of talks was reviewed on several occasions in closed session of Committee of the Whole. The issue of the 293 establishment number was discussed at some length. In fact, in one report, staff sought "to ensure that all issues of concern to Council are adequately addressed in collective bargaining". The issue in question was understood and there was an appreciation for the consequences which could J 7 From Article 6 :04 ... in both current and proposed Working Agreement Page 17 M & C 2006-330 Collective Agreement, City a/Saint John and CUPE Local 18 flow from taking on the issue at this time. In the end, the consensus direction given to staff was to not make this an issue to prevent the concluding of a satisfactory collective agreement with Local 18. The City Manager and your chief negotiator understood and supported such a conclusion - at this time. December 14rh, 2006 A Possible Future Direction for Council As with any provision in any collective agreement that needs to be changed, Council and its representatives should not be reluctant to take on the issue in collective bargaining. However, depending on the nature of the matter in question and its essential importance to the other party, a clear strategy has to be developed. That plan must be based on an articulated rationale supported by a necessary business analysis and a contingency plan for handling the likely adverse consequences of a dispute impacting service to the public. Long-term implications for the operational wellbeing of the enterprise need to be balanced with any adverse effects on the workplace which might arise. These are not matters to be taken lightly. The history of 1981 and its consequences should not be ignored. In the end, it is Common Council that must decide on the issues to be taken on at the bargaining table - in the best interest of the Saint John public. From that direction, after duly considering the advice of your staff, the mandate of your negotiating representatives would be clear. FINANCIAL IMPLICATIONS Table 3 Cost ImpfieatioDs (by Year) as a Percentage of Payroll Proposed Working Agreement Cost Factors 2007 2008 2009 2010 Wages 3.2500% 3.2500% 3.5000% 3.2500% ER Benefits 0.5220% - - - Vacation - 0.4723% - - Wage Level Differential Change 1.2700% - - - Total 5.0420% 3.7223% 3.500% 3.2500% Table 3 provides a costing summary (relative to the current agreement) of the proposed collective agreement - as detennined by the Commissioner of Finance. The Commissioner of Finance will provide, in approximate dollars by year, the cost of this agreement to the City of Saint John. Page 18 M& C2006-330 Collective Agreemem, City of Saint John and CUPE Local 18 December ll", 2006 INPUT FROM OTHER SOURCES The negotiating team for the City consisted of Kevin O'Brien (Municipal Operations & Engineering), David Logan (Corporate Services), John McIntyre (Human Resources), Gordon Jennings (Human Resources), Bernie Morrison (Leisure Services) and Paul Groody. Departments affected were consulted. RECOMMENDATION It is recommended that Council approve the attached tentative agreement with CUPE, Local 18 (Outside Workers) for the 4-year term January 1 st, 2007 to December 31st, 2010, and authorize the Mayor and the Common Clerk to sign the Working Agreement on behalf of the City of Saint John (Employer), subject to the City Solicitor reviewing the document as to its legality and form. ctfully submitted, "'i :1 -- J.M. Paul Groody, P. Eng. Commissioner, Municipal Operations & Engineering Chief Negotiator Terrence 1. Totten, F.e.A. City Manager Page 19 M & C 2006 - 330 Collective Agreement, City of Saint John and CUPE Local 18 December 14rh, 2006 Appendix "A" REpORTED HISTORY - APRIL 1981 The Tuesday, April 7ili, 1981 edition of The Evening Times-Globe reported the following: "The role played by... and some members of Common Council in settling the outside workers J strike by becoming directly involved in the negotiating process was denounced by several members of Common Council Monday." At that meeting, when the matter of establishment was questioned by one of the councillors, the newspaper report states that questions on the establishment for the outside workers were referred to the city's chief negotiator (who had replaced the person originally assigned the task), who told the councillor: "... there was nothing in the contract that would keep the city from setting the establishment for outside workers." In a related story in the same edition of the newspaper, it was reported that the chairman of the city's negotiating committee told the Saint John Construction Association during Monday's council meeting that: "... the new contract's job security clauses has (sic) been expanded to protect long- term temporary employees - those with five years of service from being laid off due to contracting out. as well as permanent employees. " On April 15th, the newspaper reported the following under the headline 'Council Considering New Contract Wording': "Common Council was considering approval today of a new version of two contentious clauses in the still-unsigned contract with the city's outside workers." "The mayor said today there would be no formal meeting of council. He said once a 'clarifying sentence J was added to the clause, he would be telephoning the councillors for their approval of the change." "The action by council today followed a disagreement yesterday between city and union officials over whether or not the city had agreed to the two articles which deal with the number and classification of permanent outside workers." (Underlining added for emphasis.) "The mayor said the city's position was that the number of fUll-time employees would remain the same as it had during the last contract, He said the city didn't go along with the union's proposal because the city had felt it would restrict mana~ement." (Underlining added for emphasis.) Page 20 M & C 2006 - 330 Collective Agreement, City of Saint John and CUPE Local 18 December 14th, 2006 The debate about the contentious clauses continued, with the City's former chief negotiator entering the fray. That gentleman had left the employ of the City and been replaced during the latter stages of the strike. The April 20th edition of the Times-Globe included the extracts quoted below: " ... Saint John's former labour relations officer and chief negotiator, has publicly backed the contention by the city's outside workers' union that the city's negotiating team agreed to changes in two contentious management rights clauses during contract negotiations." "The change would prevent the city from cutting the permanent number of outside workers below 292 during the life of the agreement." (The number was, in fact, 293.) "On the weekend, some of the councillors who voted against signing Thursday said they did so because the outside workers were 'asking too much' in demanding the city specifically state in the contract that their numbers won't be reduced beyond a certain limit. They also contended they were not aware of any agreement by the city or negotiating committee that would prevent the union worliforce from being cut below 292 and the union should sign the contract without any changes in the two clauses because the workers were given a good wage boost." Over the next few days, these clauses and another minor issue relating to vacation entitlement were resolved and the signing of the contract went ahead. Page 21 Appendix "L" 5*22 SAFETY IMPROVEMENT SYSTEM EXECUTIVE SUMMARY BACKGROUND The "5*22" is a Quality Management System for Occupational Health and Safety. This OHS framework is sponsored and supported by the Risk Management Service of the WHSCC. Implementation of the 5*22 requires a signed agreement between the employer and the WHSCC. In the Spring of 2005, the City Manager and senior City Staff entered into an agreement to implement the 5*22 within the Corporation of the City of Saint John. ADVANTAGES The 5*22 model provides several advantages over conventional, "reactive" approaches to the management of employee health and safety: 1. Consistent and meaningful measures of safety effectiveness: the most significant is frequency of incidence 2. Enhanced planning: Target setting and improvement goals become part of the annual program planning and budgeting process at the Divisional, Departmental, and Corporate levels 3. Enhanced accountability: Safety performance becomes part of the annual management performance planning and review process at every level 4. Improved safety processes: These include accident investigation and hazard management. Improving these and other safety processes will increase control throughout our operations, and yield superior accident prevention outcomes for the long term. Considerable progress in strengthening design of our safety processes was made in the pilot HSIS project in Leisure Services. 5. Higher levels of employee engagement: Employees participate in framing up and carrying out the components of the safety plan that relate directly to their work, and assume significant responsibility for results. 6. Sustainable business improvement: The audit tool allows us to adjust deployment of safety resources year-aver-year by redefining the safety performance gap at each audit cycle. PROJECT STATUS Human Resources Staff , in partnership with the WHSCC, has conducted the first audit with all city of Saint John Departments. This involved completion of a survey questionnaire by all permanent employees.. Based on the diagnosis derived from this data, a set of goals and priorities was identified, and a high-level implementation plan was formulated. A corporate implementation team, drawn primarily from the City's Joint Health and Safety Committee, has developed the implementation plan to the level of operational readiness. The Saint John Police Force, as a separate employer, has subsequently entered into agreement with the WHSCC to implement the 511<22 System. The Police hnplementation is being jointly managed with the City of Saint John Contract, and although starting later, has currently reached the same state of development. NEXT STEPS The critical next steps in the project are: 1. Complete development of deliverables 2. Present deliverable s to project sponsors, City of Saint John and Saint John Police Force 3. Brief Senior Management 4. Conduct Management and Supervisory awareness sessions 5. Launch system (Mar 12, 2006) ii PROJECT DELIVERABLES The various subsystems of the City of Saint John and Saint John Police force Implementation of the 5*22 are profiled at Appendix "A" 5*22 Project Deliverables Appendix' A" 5*22 Project Deliverables City of Saint John and Saint John Police Force General Principles and Context · Continuous quality improvement system for the management of OHS in the workplace · Uses an audit-based approach, employing an annual survey questionnaire · Measures employee perceptions of the state of health and safety in the workplace · Other risk management systems audit procedures and records · Based on theory that it is better to give credit for actually reporting accidents than for merely having an accident reporting system. · Scope of 5*22 includes five major areas of focus, divided into twenty- two activities · The broad areas are: · General health and safety responsibility · Management commitment · Employee involvement . Hazard and risk management . Health and safety education · First audit at the city laWlched five major improvement projects, which encompass 15 of the prescribed 5*22 activities · All projects will include tools that allow tracking and auditing system performance · Projects are being implemented through a committee of staff and 111 IV employees representing all City of Saint John W orkforces and the Saint John Police Force Accident Elimination System . Incorporates the following 5*22 activities . Accident Reporting · Accident Investigation . Work Injury Statistics . Improves current practice: . Simplifies reporting of near misses, toward goal of 100% incident reporting . Distinguishes between incident reporting and incident investigation . Investigates incidents for which the root cause is unknO\vn . Distinguishes between immediate causes and basic causes . Immediate causes are variables . Immediate causes include environmental conditions, work practices, and behaviour . Basic causes are constants . Basic causes include (i.e. supervision, leadership, training, communication, procedures, preventative maintenance regime, purchasing specification, staffing, employee attitude, work process) . prevents all similar occurrences . Eliminating only immediate causes (e.g. telling an employee to be careful next time), has minimal preventive effect, and benefits only that employee . Eliminating basic causes ( e.g. providing direct supervision in hazardous situations to make certain employees are careful at all times, prevents most carelessness~type incidents and benefits all employees assigned . Elevates the discussion corporately concerning prevention . Provides summary information to managers on incident type and costs . Identifies trends . Supports the City's Joint Health and Safety Committee in formulating v recommendations on accident prevention . Provides a business case for health and safety improvements by identifying the costs associated with incidents Health and Safety Communication System . Comprises a series of structured work site visits and workplace meetings · Includes: . Front line leader talks . Front-line supervisor job observation . Front-line manager job observation . Front-line supervisor meetings . Front-line manager meetings . Meeting summary (for audit tracking purposes) . Intent is to create a regular discussion of safety at the front-line . Communication is job-focused and task-specific in nature . Mitigates risks associated with specific work processes . Enhances tactical effectiveness by involving crew leaders injob-planning · Improve work practices by job observation . Identify and document variances and improvement opportunities . Integrate job observation with work planning . Ensure variances are resolved or escalated to the next level of authority, according to risk priority . Supports framing of safety plans and targets for business unit (through frontline manager meetings) · Fosters a sense of accountability for work practices · Creates a sense among employees of management commitment . Broaden the scope of input to the level of the front-line employee in contributing to work context-specific improvements. . Changes the culture of our workplace from an emphasis on productivity (how much work is accomplished) to an emphasis on quality (how well work is accomplished) VI Workplace Inspection System · System of facility Inspections, not field-based job observation · Includes buildings, and the built systems they contain, like lighting, electrical. ventilation · Includes fixed work process systems located at facilities, (e.g. shooting ranges, breathing air filling systems, local ventilation systems, overhead hoists) · Does not include vehicle inspection · Encompasses two levels of inspection: . General hazard inspection . Housekeeping inspection · Following are the components . Inspection checklists tailored to each service area . Inspection report . Inspection summary (for use in auditing and hnprovement planning) · Hazard mitigation is prioritized according to the degree of presenting risk: . Possibility of loss of life, permanent impairment, or disabling injury, major medical, or major process interruption . Possibility of medium - term impairment, loss of work, medical aid, damage to equipment . Possibility of short-tern impairment, minor injury, no time loss, no medical aid, minor damage to equipment General Health and Safety Promotion · System is designed to improve strategic communication around safety in the workplace · Conununication is global, crosses all organizational boundaries and all jobs · Mitigates risks common to every job and workplace in the organization · Based on the following principles: . penetration of every workplace . low intrusion . high persistence . incremental impact . cumu1ati ve impact . educate and inform employees va . contextual messages meaningful in each wok environment . Essentially, these are culture-transformation tools . Operates on the basic-causation level by changing employee attitudes toward health and safety over time · Includes: . Poster campaigns . Intranet bulletins, alerts, and messages . Seminars and workshops Health and Safety Education . Arose from need to validate the audit finding that in spite of the considerable scope of operational education connnitted and delivered, employees feel their needs are not being met through training · Deliverables will be~ . Refined survey questiOlmaire redesigned for each service area . Administration of the questiOlll1aire to a sample population . Clarification of performance gaps in the current employee training . portfolio . Remediation plan to close identified gaps prior to major third general 5 *22 audit in 2008 Appendix "M" BUSINESS. PRACTICE Section: Human Resource Management Policy: Practice: Corporate Duty to Accommodate City of saint John Page: Release: Number: Approved: Effective: Revision: 001/01/2007 1 001 1 29/11/06 29/11/06 BUSINESS PRACTICE STATEMENT The City of Saint John recognizes its "Duty to Accommodate" as outlined in the New Brunswick Human Rights Act. "A truly egalitarian society recognises and is designed in view of the fact that the workforce is made up of able bodied and .disabled persons with distinct needs and abilities, but with an equal right to work" The objective of all concerned is to see a safe and timely return to work for those employees who require corporate accommodation within the City of Saint John. The administrative procedure will utilize a case management methodology. PURPOSE In cases where employees due to a specific illness or injury cannot return to their pre- injury/illness position the City has an obligation under Human Rights "Duty to Accommodate" to explore suitable alternate employment within the City of Saint John up to the point of "Undue Hardship". Two (2) Step "Duty to Accommodate" Approach The City of Saint John comprises a workforce diversity not usually experienced by other employers; The City encompasses many diverse employment positions as well as four (4) different bargaining units plus non-union and management staff. Due to this diversity the City of Saint John has adopted a two (2) step approach to meet their obligations regarding the duty to accommodate as outlined in the NB Human Rights Act and the Worker's Compensation Act. (1st Step) Each diverse group will have a designated Return to Work Committee whose mandate will be to return the ill or injured employee to their pre-illnesslinjury position. Once it's been determined that an employee cannot return to their pre-illness/injury position they will move to the (2nd Step) where their case will be forwarded to the Duty to Accommodate Committee who will be responsible to manage any further accommodation. SCOPE This policy applies to ill or injured employees absent from work for more than ten (10) consecutive calendar days that have been identified as being unable to return to their Rev 00110112007 BUSINESS PRACTICE Page: Release: Number: Approved: Effective: Revision: 001/01/2007 2 001 1 29/11/06 29/11/06 Section: Human Resource Management Policy: Practice: Corporate Duty to Accommodate City of saint John pre-illness/injury position. This determination will be based on objective medical evidence and employees will participate in this process on the recommendation of their Designated Return to Work Committee and/or on the recommendation of the City of Saint John's Occupational Medical Advisor (OMA). DEFINITIONS Return to work The act of re-introducing ill or injured employees to safe and productive employment as soon as medically possible. Designated Return to Work Committee (1st Step) Return to Work (RTW) programs are based on the philosophy that many employees can safely perform meaningful work during the recovery period. Return to Work plans could include; transitional duties, gradual return to work, workplace modifications and/or assistive devices. The Designated RTW Committee mandate is to return the ill or injured employee to their pre-illness/injury position and will be comprised of representatives designated by the Union and representatives designated by the Department Head, a manager from Human Resources who will be the case manager, an Occupational Medical Advisor (OMA) and any additional health care professionals deemed essential. Duty to Accommodate Committee (2nd Step) The Duty to Accommodate Committee will be comprised of the ill or injured worker, two representatives designated by the Union, two representatives designated by the Department Head, a manager from Human Resources who will act as the case manager; The manager of Human Resources, the City Manager or designate; Union representatives of the local bargaining unit where the accommodation will take place when required, and any additional health care professionals deemed essential. The purpose of the Duty to Accommodate Committee will be to: · Ensure that all parties take a proactive evidence-based approach to accommodating those employees absent from work due to illness or injury who cannot return to their pre-illness/injury position and or another suitable position within their bargaining unit. Rev 00l/01l2007 BUSINESS PRACTICE Page: Release: Number: Approved: Effective: Revision: 001/01/2007 3 001 1 29/11106 29/11/06 Section: Human Resource Management Policy: Practice: Corporate Duty to Accommodate City of Saint John · Ensure that all concerned encourage and support the return to work process and the duty to accommodate. . Actively and creatively 'engage in finding safe, meaningful and suitable work options for ill or injured employees within the City of Saint John. . Based on the recommendations of health care professionals use a collaborative approach in designing individual accommodation plans. · Assess the needs of ill or injured employees on a case by case basis when designing the accommodation plan. · Monitor employee performance and health during accommodation plan and revise and adjust return to work plan as required · Counsel and support employees who may have apprehensions regarding their accommodation, · Perform other related functions as determined by mutual agreement. Accommodation plan An individual plan designed to enable an ill or injured employee back to work in some capacity within the City of Saint John up to the point of undue hardship for the Employer and/or the Bargaining Unit. Accommodation plans would include modified or alternate duties by altering how work is done, what is done, and/or the work schedule and possible re-training as needed. Suitable employment Employment that a employee who is recovering from illness or injury is capable of performing which does not endanger the health, safety or physical well being of the employee or co-workers. Such employment cannot place the employer and/or bargaining units involved in a position of undue hardship as outlined in the New Brunswick Human Rights Act. Duty to Accommodate The City of Saint John recognizes and abides by the duty to accommodate principles as outlined in the New Brunswick Human Rights Act. Undue Hardship Rev 001/0112007 BUSINESS PRACTICE Page: Release: Number: Approved: Effective: Revision: 001/01/2007 4 001 1 29/11106 29/11/06 Section: Human Resource Management Poli cy: Practice: Corporate Duty to Accommodate City of Sajnt John A definition of undue hardship will vary significantly from one case to another. The New Brunswick Human Rights Commission list a number of different factors which are considered when determining if undue hardship exist, such as: a) "The capacity of the employer or service provider to absorb the cost of revenue lost from the measures taken to the extent that these are not offset by increased productivity, tax exemptions, grants, subsidies or other gains' b) The extent to which the inconvenience would prevent the employer or service provider form carrying out the essence of its business; c) The scope of the demands made by the measure on other workers or customers of the business; d) The cost to the Employer as assessed in the context of the size of the organization and its financial situation; e) The ability of the employer or service provider to absorb the cost of modifying premises or equipment, and 'the ability to amortize such costs before implementing planned changes to ensure accessibility; f) The employer's or supplier's ability to absorb the cost of retrofitting in light offirm plans to move to accessible premises; g) That a proposed accommodation cannot significantly interfere with the rights of others, or discriminate against them. The interchangeability of the employer's workforce, and the safety of the complainant and others involved can have an impact on the ability to accommodate; and h) That cost such as overtime, special leaves or costs in responding to a threatened grievance are not necessarily considered as undue hardship, nor is minor disruption of a collective agreement. However, a substantial departure from the normal operation of a cof/ective agreement may amount to undue interference with a respondents business. " City of Saint John's Case Manager The case manager for the City of Saint John will lead, monitor and manage this process as well as facilitate all Duty to Accommodate Committee and Designated Return to Work Committee meetings. The case manager will be a manager from the Human Resources Department. Occupational Medical Advisor The Occupational Medical Advisor (OMA) will objectively assess medical information to provide recommendations ,for an accommodation plan design. It may also be necessary for the OMA to meet with the employee to assess the employee's readiness for accommodation and understand any limitations or impairments in order to make a recommendation to the committee. This individual has knowledge of the employer's Rev 001101/2007 BUSINESS PRACTICE Page: Release: Number: Approved: Effective: Revision: 001/01/2007 5 001 1 29/11/06 29/11/06 Section: Human Resource Management Policy: Practice: Corporate Duty to Accommodate City of saint John resources, benefits and occupational requirements but does not have decision making authority; they can only make recommendations to the corporate accommodation committee and the return to work committee. Whereas the NB Human Rights Commission recognises the employer's right to obtain expert opinions in order to properly accommodate ill or injured employees, the OMA will be appointed by the City of Saint John. Any cost incurred for this expert opinion will be the responsibility of the employer. PROCEDURES On the recommendation of the Designated Return to Work Committee an employee who is unable to return to their. pre-illness/injury position, shall have their case forwarded to the Duty to Accommodation Committee. Following the initial review the Duty to Accommodate Committee may request additional information from the employee to help in exploration of a suitable accommodation within the City of Saint John. Information could consist of an up to date resume, training certifications, additional medical information, etc. The OMA may request additional information from any health care professionals to understand the nature of any specific restrictions in order to facilitate the accommodation. The OMA may request the employee to provide additional medical information and/or complete a functional jab analysis, etc. The OMA would review all the information provided and working with the Duty to Accommodate Committee -make recommendations to support a specific accommodation plan for each individual case. * In the case of firefighters the Duty to Accommodate Committee will review the medical information to determine if the employee is a candidate for the Provincial Heart and Lung Act Pension. All of this information coupled with the support of the City Manager, Manager of Human Resources, OMA and the Duty to Accommodate Committee will explore suitable employment opportunities within the City of Saint John. Once a suitable accommodation had been identified an individual accommodation plan will be designed. Rev 001/0112007 BUSINESS PRACTICE Page: Release: Number: Approved: Effective: Revision: 001/01/2007 6 001 1 29/11/06 29/11/06 Section: Human Resource Management Policy: Practice: Corporate Duty to Accommodate City of' Saint John The Case Manager assigned responsibility in this area will lead, monitor, and manage the process and act as liaison and facilitator between all parties. At any time during the period of illness the (OMA) may have the employee assessed in order to determine if she or he is a candidate for Disability benefits. Should it be determined that an application for Disability benefits is appropriate the employee must make application to the City of Saint John Pension Board. Any information collected through the Sick Leave process will be held in strict confidence and will not be shared with the City of Saint John Pension Board's disability management provider unless authorized by the employee. CONFIDENTALlTY The City of Saint John recognises an individual right regarding the confidentiality of their medical information. All return to work files will be kept separate from personal files; these files will remain in the possession and are the responsibility of the City of Saint John's designated Case Manager. In most cases the case manager and the Duty to Accommodate Committee will only be privy to medical prognosis only, however, it should be noted that from time to time in order for the employer to properly facilitate the accommodation of an ill or injured employee, the case manager and/or the Duty to Accommodate Committee members may be privy to medical information of a personal nature. It is understood that all Duty to Accommodate members are not permitted to divulge any employee information of a personal nature either written or expressed. EmDlovee's Responsibilities III or injured employees must actively partiCipate in return to work and duty to accommodate activities which could include the following: · Completing all pertinent return to work documentation in a timely manner. · Co-operate, communicate and participate fully during the claim process with all parties, including the employer, union, return to work committee and health care providers. · Keep appointments with health care providers (Occupational therapists, physicians, physical therapists, chiropractors, etc.) Rev 001l0l/2007 BUSINESS PRACTICE Section: Human Resource Management Policy: Practice: Corporate Duty to Accommodate City of Saint John Page: Release: Number: Approved: Effective: Revision: 001/01/2007 7 001 1 29/11/06 29/11/06 . Follow the treatment plans developed by health care providers. . Participate in the identification of gradual or modified return to work opportunities. . Accepting suitable employment offered by employer based on the recommendations of the Return to Work and/or Duty to Accommodate Committee. . Participate in the return to work/Accommodation plan as recommended and outlined by the Return to Work and/or Duty to Accommodate Committee and Occupational mediCal advisor. Failure to comply could result in the suspension of benefits from the employer. REFERENCES New Brunswick Human Rights Act New Brunswick Workers Compensation Act DOCUMENT HISTORY This is the initial release of this document. RESCIND There are no documents to rescind. Rev 001/01/2007 BUSINESS PRACTICE Page: Release: Number: Approved: Effective: Revision: 001/01/2007 8 001 1 29/11/06 29/11/06 Section: Human Resource Management Policy: Practice: Corporate Duty to Accommodate' City of Saint John RECOMMENDED BY: APPROVED BY: Manager, Human Resources Date City Manager Date Rev 00110112007