Uniform Collective Agreement – Article 1 Recognition

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.