6.01

For the purposes of this Article:

(a) “overtime” means a period of work computed to the nearest half hour and,

(i) performed on a scheduled working day in addition to the scheduled working period and consisting of at least one half (1/2) hour, or

(ii) performed on a day that is not a scheduled working day;

(b) (i) a normal working week is deemed to be five (5) working days of eight (8) consecutive hours each with a meal time period of forty-five (45) minutes during each eight (8) hour period.

On a compressed work week schedule, meal time periods will be pro-rated. On a compressed work week schedule of ten (10) consecutive hours, the meal time period will be one (1) hour. On a compressed work week schedule of twelve (12) hours, the meal time period will be one (1) hour and fifteen (15) minutes.

(ii) if an employee completes a full eight (8) hour working day or any full shift agreed to under Article 6.07 and is required to forego the meal time period due to exigencies of service, the employee shall be paid for such period at the hourly rate of salary.

6.02

(a) Overtime shall be paid when an employee is required:

(i) to perform overtime immediately following a scheduled work period at the rate of one and a half (1-1/2) times the employee’s rate of salary;

(ii) to report for any period of work prior to a scheduled work period or after leaving the place of employment at the end of a scheduled work period, with a minimum payment of four (4) hours to be paid at the rate of one and a half (1-1/2) times the employee’s rate of salary;

(iii) to report for any period of work on any day, other than a day during vacation leave period, that is not a scheduled work day, with a minimum payment of four (4) hours to be paid at the rate of one and a half (1-1/2) times the employee’s rate of salary;

(iv) to report for work while absent on a full day of leave which is deducted from the employee’s statutory holiday bank, with a minimum payment of eight (8) hours to be paid at the rate of one and a half (1-1/2) times the employee’s rate of salary.

(b) Where an employee is required to attend court between scheduled work periods ending at 3:00 a.m. or thereafter, they shall receive overtime at the rate of one and one-half (1 ½) times the hourly rate during their court appearance. In order to ensure the welfare of the member subsequent to such court appearance, they shall be entitled to eight (8) consecutive rest hours before returning to their next regular scheduled shift. Such rest hours shall not result in the deduction or forfeiture of any credits to the employee.

If for operational purposes the employee is required by supervision to attend work prior to completion of the eight (8) consecutive rest hours, they shall be compensated at the rate of two (2) times the regular hourly rate for any of the eight (8) rest hours otherwise worked.

(c) Overtime shall be paid at the rate of two and one-half (2 1/2) times the hourly rate when an employee is required to report for any period of work on or during the vacation leave period, with a minimum payment of sixteen (16) hours. In addition, the employee shall be granted a compensating day off.

(d) If for operational purposes the employee is required by the Employer to work overtime, an employee shall be entitled to eight (8) consecutive rest hours before commencing their next regular scheduled shift. Such rest hours shall not result in the deduction or forfeiture of any credits to the employee.

Note: For the purposes of sub-section 6.02(c) only, a vacation leave period shall consist of a seven (7) consecutive day period free from duty composed of five (5) vacation days for eight (8) hour schedules, four (4) vacation days for ten (10) hour schedules and three (3) vacation days for twelve (12) hour schedules and regular days off. Any statutory holiday, as outlined in Article 14.01, that occurs within the seven (7) consecutive day period may be counted towards the minimum vacation days required as outlined above.

Where an employee uses statutory holiday bank hours during the vacation leave period or as required by Article 14.03, the employee shall be deemed to have taken the statutory holiday benefit and the employee’s statutory holiday bank shall be reduced by the corresponding number of hours of the employee’s shift schedule.

6.03

Section 6.02 (a) (ii) shall not apply where an employee, on being called in not more than one (1) hour prior to the employee’s regular period of work, is given compensating time therefore at the end of that period of work or where the employee attends any training course of two (2) days or more and where the employee is provided with full subsistence.

6.04

(a) (i) An employee may, at the employee’s option, maintain an overtime bank and request a lump sum payment at the rate it was earned for all or any portion of the hours in the employee’s overtime bank on a monthly basis. Accumulated hours in excess of one hundred (100) remaining in an employee’s overtime bank at December 31 of each year shall be paid out on a lump sum basis at the rate it was earned. The Employer shall pay out all accumulated hours no later than the last pay date of February of the following calendar year.

Failure to make such payments shall not be regarded as a violation of this Collective Agreement where such failure is due to reasons beyond the control of the Employer.

(ii) Effective January 1, 2017, an employee may, at the employee’s option, maintain an overtime bank and request a lump sum payment at the rate it was earned for all or any portion of the hours in the employee’s overtime bank on a monthly basis. Accumulated hours in excess of forty (40) remaining in an employee’s overtime bank at December 31 of each year shall be paid out on a lump sum basis at the rate it was earned. The Employer shall pay out all accumulated hours no later than the last pay date of February of the following calendar year.

Failure to make such payments shall not be regarded as a violation of this Collective Agreement where such failure is due to reasons beyond the control of the Employer.

(b) The practice of granting casual time off duty, chargeable to the employee’s overtime bank, shall be continued. It is understood that the granting of such time off shall be at the discretion of the Detachment Commander or Section Manager.

(c) The practice of permitting an employee to change days off with another employee shall be continued. It is understood that such changes shall be at the discretion of the Detachment Commander or Section Manager and the request shall be made in writing. A change will not be permitted if it results in any additional cost to the Employer.

(d) The practice of permitting an employee to work for another employee shall be continued. The employee who works shall receive an hour for hour increase assigned to their overtime bank or statutory holiday bank for the number of hours worked on the scheduled shift. The employee who is released from duty shall have their overtime bank or statutory holiday bank reduced by the number of hours they would have worked on their scheduled shift. Such a practice shall be on the request of the employees and allowed at the discretion of the Detachment Commander or Section Manager.

6.05

(a) In work locations requiring a work schedule the following arrangements shall prevail:

General Shift Schedule

(i) Schedules shall cover a seven (7) day period on any day of the week and shall be posted no later than 4:00 p.m. fifteen (15) days prior to the beginning of the period for which the schedule is intended. Rest days in General Shift Schedules shall be consecutive.

Platoon Schedule

(ii) Schedules shall cover a minimum twenty-eight (28) day period and shall be posted no later than 4:00 p.m. fifteen (15) days prior to the beginning of the period for which the schedule is intended.

Rest days shall be consecutive except in the one (1) shift in a twenty-eight (28) day period where split rest days are required to arrange the platoon schedule.

(b) It is the intention to keep changes in shifts and work schedules to a minimum and, therefore, it is agreed that schedules shall be planned so that employees are not required to change shifts between rest periods while on a platoon schedule or between shift changes while on a general shift schedule. The Employer agrees to consult with the Association when planning major event strategies requiring provincial mobilization. Exceptions to the foregoing are permitted only under the following conditions:

(i) circumstances beyond the Employer’s control requiring a shift change;

(ii) in a situation of emergency where an unusual or unexpected situation occurs;

(iii) if agreed upon between the employee and Employer;

(iv) the employee has been notified before 4:00 p.m. six (6) days prior to the change, provided such notification changes the employee’s entire shift between rest periods.

In all other cases, the employee shall be paid time and one-half (1 ½) for the first day worked on the amended schedule.

(c) Except in circumstances beyond the Employer’s control, the Employer shall not schedule the commencement of a shift within eight (8) hours of the completion of the employee’s previous shift provided, however, that if an employee is required to work before the eight (8) hours have elapsed the employee shall be paid time and one-half (1 ½) the hourly rate for those hours that fall within the eight (8) hour period.

6.06.01

(a) Stand-by is a period of time during which, in accordance with administrative procedures established by the Commissioner, an employee is ordered to remain at their residence or other specified quarters, (as determined by the person authorizing the stand-by) from which the employee shall be ready to proceed to a work location immediately upon receipt of instructions.

(b) This Article shall not eliminate or prohibit the existing co-operative practice under which a member of the OPP provides advice to their supervisor as to their proposed whereabouts while off duty but there shall be no restriction on free time of an employee that is not in accordance with this Collective Agreement.

(c) Where an employee is required to be on stand-by, they are entitled to be paid at their hourly rate of salary for one-third (1/3) of their stand-by time, but where such stand-by time is less than the number of hours in the employee’s scheduled working day, the employee is entitled to three (3) hours pay at the hourly rate.

(d) The minimum entitlement of four (4) hours pay pursuant to sub-section 6.02(a)(ii) and 6.02(a)(iii) shall not apply to an employee who was on stand-by when they were required to report for work, and a period of work for which pay is received at one and one-half (1 1/2) times the hourly rate under the provisions of sub-section 6.02(a)(ii) and 6.02(a)(iii) is not included in any stand-by period.

(e) The minimum entitlement of sixteen (16) hours pay pursuant to sub-section 6.02(b) shall apply to an employee who was on stand-by when they were required to report for work, and a period of work for which pay is received at two and one-half (2 1/2) times the hourly rate under the provision of sub-section 6.02(b) is not included in any stand-by period.

6.06.02

(a) “On-Call Duty” means a period of time, between the hours of 4:00 p.m. on Friday and 8:00 a.m. on Monday only, that is not a regular working period, overtime period, or stand-by period during which an employee is required to respond within a reasonable time to a request for:

i. recall to the work place, or
ii. the performance of other work as required.

(b) It is understood that a return to the work place may not be necessary in all situations. Where an employee is required to return to the work place, they must be able to do so within a reasonable time.

(c) No employee shall be required to be on-call unless such on-call duty was authorized in writing by the supervisor prior to the on-call period, except in circumstances beyond the Employer’s control.

(d) Where on-call is not previously authorized in writing, payment as per Article 6.06.02 shall only be made where the supervisor has expressly advised the employee that they are on-call.

(e) It is understood that there shall be no pyramiding of premium payments and where work is performed as outlined in Articles 6.02, overtime pay shall be substituted for the on-call premium.

(f) Where an employee is required to perform On-Call Duty, they shall receive one-dollar and forty cents ($1.40) per hour for all hours that they are required to be on On-Call Duty.

6.07

It is understood that other arrangements regarding hours of work and overtime may be entered into between the Commissioner and the Association with respect to compressed work weeks. It is understood that the provisions of a compressed work week agreement are subject to the grievance procedure under this Collective Agreement.

6.08

There shall be no duplication or pyramiding of any premium payments or compensating leave provided under this Collective Agreement.

5.01

The Employer agrees to pay and the Association agrees to accept for the term of this Collective Agreement the salaries for the classifications hereafter set forth in Schedule I attached hereto.

5.02

When a classification is changed or a new classification is issued, the salary after being initially fixed by the Public Service Commission will be immediately open to negotiation.

5.03

(a) A Regional or Bureau Commander may designate an employee to perform the full duties of another position in an acting capacity. If such designation continues for more than five (5) working days, the person so designated shall be paid as if assigned to the first salary level of the position and the payment shall be retroactive to the first day of such designation.

(b) An employee who has performed the full duties of such designated position in an acting capacity for a period of at least twelve (12) months, shall receive one (1) month’s notice before being reverted to the former position, and failing such notice, the acting salary will be continued for one (1) month after the employee reverts to the former position.

(c) An employee who has successfully completed the duties of a designated position or positions in an acting capacity for a period of eighteen (18) months, which eighteen (18) months may occur in any twenty-four (24) month period shall be confirmed in the rank in which the employee was acting.

This Section shall not apply where an employee is designated to perform the duties of another employee who is on vacation.

5.04

A Constable who is in charge of a Detachment which is not under the immediate direction of a Sergeant shall be paid at the first pay rate in the salary range for Sergeant.

5.05

(a) Up to and including June 30, 2019, a shift premium of ninety-eight (98) cents per hour shall be paid for all hours worked at or after 4:00 p.m. and before 5:00 a.m.

Effective July 1, 2019, a shift premium of one dollar and fifty cents ($1.50) per hour shall be paid for all hours worked at or after 4:00 p.m. and before 5:00 a.m.

(b) Shift premium shall be paid only to employees working on a rotating shift or fixed off-shift basis and shall not apply to regular day workers who are required to work overtime. Also, fixed off-shift in-service training employees will receive the shift premium while participating in block/firearms training.

(c) Notwithstanding (b) above, shift premium shall not be paid to an employee who, for mutually agreed upon reasons, works a shift for which the employee would otherwise be entitled to a shift premium.

(d) Shift premium shall not be considered as part of an employee’s basic hourly rate.

5.06

(a) A Coach Officer who trains a Probationary Constable, Amalgamated Officer, or Experienced Police Officer shall receive an entitlement of two percent (2%) of the First Class Constable rate for the period of time during which they are assigned such duties.

(b) The Coach Officer Pay will be considered as base salary for the purposes of pension contributions and premium calculation (e.g., overtime, statutory holidays, vacation). It is not included in base salary for the purposes of calculating annual increases.

(c) This entitlement shall not be compounded with the Provincial Responsibility Incentive.

5.07

(a) A First Class Constable, Sergeant or Staff Sergeant who is assigned to one of the following units, branches or positions after January 1, 2012 and up to and including August 31, 2024 shall be entitled to an annual premium at the rate of two percent (2%) of their base rate for the period of zero (0) to twelve (12) months of service in the unit, branch or position and an annual premium at the rate of four percent (4%) of their base rate upon completion of twelve (12) months of service in the unit, branch or position:

• Detective Constable
• Detective Sergeant
• Detective Staff Sergeant
• Tactics and Rescue Unit
• Emergency Response Team
• UCRT/CBRN Response Team Urban Search and Rescue/Chemical, Biological, Radiological, Nuclear and Explosives
• Canine Handler
• Traffic Re-constructionist
• Underwater Search and Recovery Unit
• Forensic Identification
• Pilot (Helicopter and Fixed Wing)
• Explosives Disposal Coordinator

(b) A First Class Constable, Sergeant or Staff Sergeant that is assigned to one of the following units, branches, or positions effective September 1, 2024, shall be entitled to an annual premium at the rate of four percent (4%) of their base rate:

• Detective Constable
• Detective Sergeant
• Detective Staff Sergeant
• Tactics and Rescue Unit
• Emergency Response Team
• UCRT/CBRN Response Team – Urban Search and Rescue/Chemical, Biological, Radiological, Nuclear and Explosives
• Canine Handler
• Traffic Re-constructionist
• Underwater Search and Recovery Unit
• Forensic Identification
• Pilot (Helicopter and Fixed Wing)
• Explosives Disposal Coordinator
• Remotely Piloted Aircraft Systems Constable (effective January 1, 2025)
• Remotely Piloted Aircraft Systems Sergeant (effective January 1, 2025)
• Tactical Flight Officer (effective January 1, 2025)
• Time Team Sergeants (effective January 1, 2025)
• Justice Officials Protection and Investigation (JOPIS) (effective January 1, 2025)
• Protective Services Section (effective January 1, 2025)
• Witness Protection and Informant Control Section (effective January 1, 2025)

(c) This premium will not be compounded with the Provincial Responsibility Incentive (PRI). There shall be no pyramiding of this premium among or between the specialties set out above or with the Front-Line Patrol Premium.

5.08

Subject to the conditions below, any Uniform member who is a First Class Constable and has completed five (5) years of service and who is assigned to and working front-line duties shall receive, in addition to other remuneration already outlined in the collective agreement, a Front-Line Patrol Premium of 3% of a First-Class Constable base salary rate (for clarity, the Front-Line Patrol Premium is not compounded with the Provincial Responsibility Incentive).

(a) The Front-Line Patrol Premium shall be applicable to members assigned to and working front line duties responding to calls for service, and who are use of force qualified and working a rotational shift, including uniform General Law Enforcement (GLE) patrol platoons and Highway Safety Division (HSD) Units.

For clarity, the Front-Line Patrol Premium shall be applicable to members who are working a modified shift to meet the service delivery needs (for example, members working 1000-2200 as required by the Employer and agreed upon by the Association) or who are working a modified shift as part of an accommodation, whether due to disability or other prohibited ground of discrimination.

No member shall receive both the Front-Line Patrol Premium and Specialty Pay in respect of the same hours.

(b) The Premium shall be applicable to Sergeants in the above units. A Sergeant shall also receive the premium while not directly engaged in front line response duties, provided that the primary responsibilities of their shift involves oversight and/or administrative duties in relation to members assigned to front line duties.

(c) The Front-Line Patrol Premium shall also be applicable to Sergeants assigned to and working in the PCC.

(d) In the case where the member has not been performing front line response duties or working in the PCC for more than 30 continuous calendar days, the Front-Line Patrol Premium shall be suspended and shall be reinstated once the member returns to active front-line duties.

(e) The Front-Line Patrol Premium will be considered as basic pay for the purposes of pension contributions and premium calculation (e.g. overtime, statutory holidays, vacation, insurance and related benefits, etc.). It is not included in base salary for the purposes of calculating annual increases.

(f) The members assigned to and working in the following roles are not entitled to Front-Line Patrol Premium:

• Operations Managers (Staff Sergeants);
• Detachment Members who are assigned to administrative duties including community services officer, school resource officer, or media officer within a detachment;
• Frontline Support Unit (FSU);
• Detachment Members who respond to calls for service on an ad-hoc or infrequent basis.

5.09

(a) Effective January 1, 2025, a Constable or Sergeant who maintains certification as a Qualified Intoxilyzer Technician and/or Drug Recognition Expert, and who attends at a minimum of four (4) Intoxilyzer and/or Drug Recognition Expert tests in a calendar year, shall be entitled to receive an annual lump sum premium of one thousand, two hundred dollars ($1,200.00).

(b) In order to receive the premium, eligible employees must submit claims for the premium between January 1st and February 28th of the year following the calendar year for which the premium is payable.

(c) This premium shall not be considered as part of an employee’s basic hourly rate.

5.10

Effective January 1, 2025, employees who are designated to backfill short term absences of front-line patrol Sergeants shall be entitled to an additional premium of 3% of the First-Class Constable base salary for complete shifts spent in the backfill role. Such payments shall be treated as base salary for the purpose of pension contributions and premium calculation (e.g. overtime, statutory holidays, vacation). It is not included in base salary for the purposes of calculating annual increases.

4.00

(a) “Employee Representative” means a person selected by the Board of Directors of the Association, nominated to act on behalf of that person in respect to a grievance.

(b) “Grievance” means a dispute between the parties made in writing, concerning a working condition or term of employment which is applicable to employees covered by this Collective Agreement and which is set out in the Collective Agreement (i.e. any difference arising from the interpretation, application, administration, or alleged violation of the Collective Agreement), the Regulations and Directives under the Public Service of Ontario Act, 2006, the Community Safety and Policing Act, the Ontario Human Rights Code, Management Board of Cabinet or Public Service Commission Directives and Guidelines, or in other employment-related statutes, despite any conflict between those statutes and the terms of the collective agreement. Matters that arise pursuant to the Community Safety and Policing Act and the Code of Offences thereunder, other than a working condition or term of employment, shall not be the subject of a grievance under this Collective Agreement.

(c) “Grievor” means an employee, who has a grievance. Probationary employees cannot grieve their dismissal or release of employment.

4.01

(a) The Employer and the Association acknowledge the importance of resolving differences arising from the interpretation, application, administration or alleged violation of this agreement (hereafter referred to as “grievances”), at an early stage, and, wherever possible, at the local level, in order to foster a harmonious and productive working environment. In this respect, the parties recognize the importance of informal means of resolving employee complaints at the lowest level possible before they become formal grievances under this Article and that nothing in this Article is intended to discourage the ordinary local workplace resolution of employee complaints outside of this grievance procedure.

(b) The parties further acknowledge the importance of full disclosure of issues and open discussion throughout the process to facilitate mutually acceptable resolutions and agree to fully disclose, at the earliest stage of the grievance procedure, all information on which they rely in support of or in response to a complaint or grievance, including disclosure of any facts relied upon by the Employer in a decision that is subject to a complaint or grievance.

4.02

The parties agree that any disputes proceeding to mediation/arbitration shall be adjudicated by a single mediator/arbitrator who is jointly appointed and agreed to by the parties.

4.03

Questions arising between the OPP and the OPP Association concerning interpretations of the Collective Agreement will be initially referred to the designated representative of the OPP and the President/CEO of the OPP Association or their designee, who will attempt to resolve such questions.

If the representatives are unable to satisfactorily resolve the matter, it may be dealt with as a grievance pursuant to the provisions of this Article.

4.04

A grievor may present a grievance personally or may be represented or assisted by an employee representative.

4.05

(a) An employee who has a complaint shall first discuss the complaint with their supervisor within fifteen (15) days of first becoming aware of the complaint.

(b) When the complaint cannot be resolved by the employee’s supervisor within ten (10) days of the discussion, the complaint shall be discussed with the Detachment Commander or the Section Manager, as applicable.

(c) Failing resolution under (b) herein, and within ten (10) further days, the employee may file a grievance in writing through the Association to their Regional or Bureau Commander with a copy to their Detachment Commander or Section Manager (as applicable).

(d) The Regional or Bureau Commander shall hold a meeting with the Association within fifteen (15) days of receipt of the grievance and shall give their decision in writing, with a copy to the Detachment or Section Manager (as applicable), within ten (10) days of the meeting.

(e) The written grievance shall specify the section or sections of the Collective Agreement, Regulations and Directives under the Public Service of Ontario Act, 2006, the Community Safety and Policing Act, the Ontario Human Rights Code, or Management Board of Cabinet or Public Service Commission Directives and Guidelines that is alleged to have been violated or misapplied.

(f) If the Association is not satisfied with the reply of the individual specified in (d) above, the Association may forward the grievance to the Commissioner or the Commissioner’s designee within twenty-eight (28) days of the date of reply in (d) above. The Commissioner or the Commissioner’s designee shall give the Association the decision in writing within twenty (20) days of receipt of the grievance.

(g) If the matter is still unresolved, the grievance may be forwarded to mediation/arbitration in accordance with this Article.

4.06

(a) In this Article, days shall include all days exclusive of Saturdays, Sundays and statutory holidays.

(b) At any stage of the grievance procedure, the time limits imposed upon either party may be extended by mutual agreement.

(c) Notwithstanding (b), an arbitrator has the jurisdiction to extend the timelines specified in the collective agreement at all stages of the grievance and arbitration processes, where the arbitrator is satisfied that there are reasonable grounds for the extension and that the opposite party will not be substantially prejudiced by the extension.

4.07

(a) The provisions of this Section shall apply to a grievance concerning the interpretation, application, administration or alleged violation of this Collective Agreement including whether or not the matter may be entertained by the mediator/arbitrator hereunder.

(b) If the Association is not satisfied with the decision given pursuant to the provisions of Section 4.05, or if the Association does not receive a decision within the specified time limit, the Association may apply in writing to the mediator/arbitrator within fifteen (15) days:

(i) of the date the decision was received or

(ii) of the date the time limit expired as the case may be, for a hearing of the grievance.

(c) Mediation/arbitration shall be conducted as soon as practicable by an agreed upon mediator/arbitrator.

(i) The mediator/arbitrator shall not be authorized to alter, modify or amend any part of the terms of this Collective Agreement.

(ii) The decision of the mediator/arbitrator in respect of the hearing shall be communicated in writing within sixty (60) days of the conclusion of the hearing to the Association representative and the employer representative.

(iii) The determination of a grievance by the mediator/arbitrator pursuant to the terms of this Collective Agreement is final.

4.08

Each party shall pay one-half (1/2) the fees and expenses of the arbitrator/mediator.

Except as aforesaid, each party shall bear all expenses incurred by it whether of witnesses, the attendance of witnesses and representatives, exhibits or otherwise.

4.09

Where any difference between the Employer and the Association arises from the interpretation, application administration or alleged contravention of the Collective Agreement, the Association shall be entitled to file a policy grievance with the Commissioner or the Commissioner’s designee provided it does so within thirty (30) days following the occurrence or origination of the circumstance giving rise to the grievance. The grievance shall be signed by one of the signing officers of the Association.

4.10

The Commissioner or the Commissioner’s designee shall give the Association a decision in writing within sixty (60) days of receipt of the policy grievance. If the matter is still unresolved, the policy grievance may be forwarded to mediation/arbitration in accordance with this Article.

3.01

Negotiations for the amendment or renewal of matters pursuant to the Public Service of Ontario Act, 2006 and Ontario Provincial Police Collective Bargaining Act, 2006 or matters arising under this Collective Agreement shall continue to be pursuant to the provisions of the Ontario Provincial Police Collective Bargaining Act, 2006. Any such matters not resolved by negotiation may be submitted to the Arbitration Board, selected pursuant to the Ontario Provincial Police Collective Bargaining Act, 2006.

3.02

The decision of the Arbitration Board on all matters referred to it under this Article shall be final and binding upon the parties hereto.

2.01

There shall be no discrimination or harassment by reason of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status, or disability as defined in section 10(1) of the Ontario Human Rights Code.

For the purposes of this Article, harassment means engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome.

2.02

The parties are committed to a workplace free from workplace harassment, including bullying, by other employees, supervisors, managers, any other person working or providing services to the Employer in the workplace, clients or the public, in accordance with the law. Workplace harassment is engaging in a course of vexatious comment or conduct against an employee in the workplace that is known or ought reasonably to be known to be unwelcome.

2.03

The Association and the Employer jointly recognize and affirm the right of employees to work in an environment that is respectful and free from harassment.

2.04

All complaints regarding workplace harassment or discrimination shall be eligible to be processed as grievances under this Collective Agreement.

2.05

Grievances under Article 2.04 shall be limited solely to instances which occur at the workplace involving the Employer’s employees. Grievances shall not include alleged discrimination or harassment by a member of the public or individual not employed by the Employer, unless the Employer was reasonably aware that such harassment/discrimination was occurring in the workplace.

2.06

Following the filing of a workplace harassment/discrimination grievance, the Employer, where practical, will consult with and seek the consent of the Association and grievor prior to any decision, if any, to remove the grievor from the work location of the alleged harasser.

2.07

Where the alleged harasser is the person who would usually deal with any steps in the grievance procedure, the grievance shall be heard by an alternative designee.

2.08

The normal exercise of managerial rights including the day-to-day assignment of tasks, attendance management, training, performance management or discipline does not constitute harassment, provided that the employer does not exercise those rights in an oppressive or tyrannical manner.

1.01

The Employer recognizes the Association as the exclusive bargaining agent with respect to matters pursuant to the Public Service of Ontario Act, 2006 and Ontario Provincial Police Collective Bargaining Act, 2006 or matters arising under this Collective Agreement for all employees of the Employer classified as Cadets, Recruit Constables, Probationary Constables, Constables, Sergeants, Staff Sergeants, and Sergeants Major.

For the purpose of this Collective Agreement, the classification of Sergeant shall include Detective Sergeant; Traffic Sergeant and Identification Sergeant. Staff Sergeant shall include, in addition to the position of Staff Sergeant, the positions of Detective Staff Sergeant, Traffic Staff Sergeant and Identification Staff Sergeant.

It is agreed that there will be no intimidation, discrimination, or coercion exercised or practiced by either of the parties to this Collective Agreement or their representatives because employees are, or are not, members of the Association, or because such employees exercise a right under the Collective Agreement.

1.01.01

It is the exclusive function of the Employer to manage, which function, without limiting the generality of the foregoing, includes the right to determine employment, appointment, complement, organization, work methods and procedures, kinds and location of equipment, discipline and termination of employment, assignment, classification, merit system, training and development, appraisal and the principles and standards governing promotion, demotion, transfer, lay-off and reappointment.

The exercise of management rights shall neither be exercised in a discriminatory manner pursuant to Article 2.01 nor be inconsistent with the provisions of the Collective Agreement, and the applicable provisions of the Ontario Provincial Police Collective Bargaining Act, 2006 the Community Safety and Policing Act and regulations thereto, the Public Service of Ontario Act, 2006 and the Management Board of Cabinet and Public Service Commission Directives and Guidelines.

Subject to the applicable provisions of the Community Safety and Policing Act, when exercising its right regarding matters relating to discipline which fall outside of the scope of Part XII of the Community Safety and Policing Act, the exercise of such right shall be measured against a standard of just cause.

1.02

The term “employees” whenever herein used shall mean only those employees coming within the bargaining unit as described above.

1.03

The term “Commissioner” whenever herein used shall mean Commissioner of the Ontario Provincial Police.

1.04

Wherever applicable in this Collective Agreement, the singular shall include the plural.

1.05

The term “OPP” whenever herein used shall mean the Ontario Provincial Police.

1.06

“Association” means the Ontario Provincial Police Association.

1.07

The term “regular employee” herein used shall mean a public servant appointed under section 32 of the Public Service of Ontario Act, 2006 other than for a fixed term.

1.08

The term “regular service” herein used shall mean the part of the public service composed of regular employees.

1.09

The term “fixed term employee” herein used shall mean a public servant appointed under Part III of the Public Service of Ontario Act, 2006 for a fixed term.

1.10

The term “fixed term service” herein used shall mean the part of the public service composed of fixed term employees.