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COLLECTIVE AGREEMENT

BETWEEN

THE CITY OF MONTREAL

(Hereinafter called “The City”)

AND

THE CANADIAN UNION OF PUBLIC EMPLOYEES

LOCAL 301

(Hereinafter called “The Union”)

For the period comprised between

January1, 1995

And

December 31, 2000

SECTION 39

WORK ORGANIZATION AND PRODUCTIVITY

39.01 The Parties agree on the convergence of their interests and acknowledge that the establishment of mechanisms that will oversee their approach with regard to work organization and productivity is mutually beneficial.

Job security, contracting-out, vocational training, technical and technological changes are concerns that animate and motivate the Parties to implement these mechanisms.

39.02 The Parties acknowledge that the Union and the Employer, their respective representatives and the employees belonging to the Union are necessary partners in the improvement of services provided to the public.

Any action resulting from the Parties’ intervention with regard to work organization, productivity improvement and cost reduction must be in conformity with the Collective Agreement.

39.03 In order to put this common goal into application, the Parties agree to establish a Corporate Joint Committee on Work Organization and Productivity, as well as one Joint Committee per Department.

39.04 The Corporate Joint Committee is comprised of the Union’s President and no more than four (4) other union representatives. The Employer is represented by a person appointed by the Executive Committee Chairperson and by a number of representatives equal to that of the Union. The Parties may retain the services of other persons in an advisory capacity, and the Party who has required their services will pay their fees. The Chair is joint.

The Committee meets as required during regular work hours; the Union representatives sit on the Committee without pay deduction, and the same applies to any work required and authorized by the Committee.

The Committee may establish any working group it deems relevant.

The Parties agree to share the information they have on the tasks reviewed.

Organizational or economic studies, polls and surveys are, for example, made available to the Parties.

39.05 The mandates and commitments of the Corporate Joint Committee are as follows:

a) identify the conditions required for the Committee’s smooth operation;

b) determine its operating rules;

c) plan training for Committee members, in particular with regard to team work, problem-solving and a cost-estimating methodology for an operation;

d) specify the action that can be taken to evaluate task performance;

e)review actions that can facilitate the introduction of technical and technological changes;

f) establish the follow-up mechanisms and period;

g) facilitate the implementation of success conditions proposed for the Department Committees’ work and provide, on request, training for the participants;

h) implement a thirty-five (35) hour work week over four (4) days as soon as permanent and recurrent cost-savings equal to twice the costs of such week will have been achieved through productivity gains;

i) consider the establishment of a productivity gains sharing plan;

j) review the provisions on vacancy filling set in sub-section 19.06;

k) seized with a disagreement within a Department Committee, the Joint Committee may study and recommend elements that could solve such disagreement;

l) the Committee reports to the Parties’ mandated bodies and may submit joint recommendations to the City’s Executive Committee; it may also accept a specific agreement to amend provisions of the Collective Agreement, subject to a ratification by each Party’s competent bodies;

m) an annual evaluation of the Committee’s processes and results is carried out in order to ensure its efficiency.

39.06 Department Joint Committees are comprised of no more than three (3) employees appointed by the Union in that capacity and of an equal number of representatives of the Employer. The Chair is joint.

The Committees meet according to their needs during regular work hours; the Union representatives sit on the Committee without pay deduction, and the same applies for any work required and authorized by the Committees.

The Committees may establish any working group they deem relevant.

39.07 The conditions and commitments of the Department Joint Committees are as follows:

a) analyze the tasks so they can be carried out cost-effectively, improve service provision to the public and ensure a better quality of life at work for the employees;

b) determine their operating rules;

c) identify the tasks carried out for the employees belonging to the Union and select those that represent an interesting productivity improvement potential; document the content of the selected tasks;

d) identify comparison groups, both internal and external, and determine the performed tasks’ level of competitiveness;

e) identify the conditions that should be implemented to improve productivity in the tasks;

f) review ways of facilitating the introduction of technical or technological changes if such changes are likely to provide productivity improvement in a selected activity;

g) review measures that are likely to enable work already done by sub-contractors to be carried out by members of the certification in the future and evaluate the relevance of maintaining the task under supervision;

h) set the follow-up mechanisms and period;

i) assess the productivity improvement achieved;

j) the Committees report to the Corporate Committee and may submit joint recommendations to said Committee; they may also recommend specific agreements to amend provisions in the Collective Agreement, subject to a ratification by each Party’s competent body;

k) the Committees inform the Corporate Joint Committee of their activities.

39.08 The Parties agree not to use the grievance and arbitration procedures with regard to the application of this section.

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