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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