HomeMy WebLinkAboutBy-law No. 2004-069 THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO. 2004-069
A BY-LAW TO AUTHORIZE THE EXECUTION
OF A MEMORANDUM OF AGREEMENT BETWEEN THE
MUNICIPALITY OF BAYHAM
AND
THE CANADIAN UNION OF PUBLIC EMPLOYEES
AND ITS LOCAL 35.4
WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of
executing a Memorandum of Agreement with The Canadian Union Of Public Employees
and its Local 35.4;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS:
1. THAT the Mayor and Clerk be and are hereby authorized to execute the Memorandum of
Agreement with The Canadian Union Of Public Employees and its Local 35.4 attached
hereto as Schedule"A" and forming part of this by-law;
2. AND THAT this by-law shall come into full force and effect upon final passing.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 5TH DAY
OF AUGUST 2004.
LA_
MAY P ' CLERK
etA,
13%z 9- O
Memorandum of Agreement
Respecting the employment of Terry Allin,referred to as the"Employee"
Between:
The Canadian Union of Public Employees, Local 35.4,
referred to as the"Union"
And
The Corporation of the Municipality of Bayham,
referred to the"Employer"
Whereas the Employee is employed by the Employer as a Foreman;
And Whereas the Union has been certified to represent employees of the Employer and
has entered into a collective agreement with the Employer;
And Whereas a core requirement of the position of Foreman is that the incumbent
maintain a valid driver's licence;
And Whereas the Employee does not presently hold a valid driver's licence and may not
have his driving privileges reinstated for a period of several months;
And Whereas there is within the scope of the collective agreement no position which the
Employee could occupy given his current status;
And Whereas there is no accommodation which could reasonably be made by the parties
within the scope of the collective agreement to address the limitations imposed upon the
Employee as the result of his current status;
And Whereas the parties have determined on a wholly without prejudice and interim
basis, to temporarily create a position which the Employee could discharge, so that the Employer
is not required to otherwise deal with the Employee's status;
Now Therefore the parties agree as follows:
1. Position Created
The position of Labourer is hereby created on an interim basis. This position
terminates automatically at the end of the term of this agreement.
10. Signature of Terry Allin
Terry Allin has signed this agreement to signify his approval of it and to represent
to both the Employer and the Union that he will not initiate any proceedings which
pertain to this matter, either now or following termination of the agreement.
The parties have signed this memorandum of agreement at the `�"" veE of jtrc*crdly,Ile
in the County of Elgin on the i day of July, 2004 under the hands of their proper signing
officers.
Canadian Union of Public Employees
Local Union Number 35.4
454/
i/
7
-2::ILQR4 ' .011
The Corporrtion of the Municipality of
Bayharn J l
.40+
IT !-2 -- - ----
Terry Allin has signed this memorandum of agreement on July , 2004, to signify his approval
of it, as per paragraph 10 above.
ilq-
Terry Allin