Photo shows a HSR supervisor car on the right, with a HSR 60-foot articulated bus to its left. Both are waiting at an intersection during a red light.
A Hamilton Street Railway supervisor vehicle and articulated bus in Downtown Hamilton in late June 2020 Credit: Joey Coleman / The Public Record

The following is a summary of the memorandum of settlement reached between the City of Hamilton and Amalgamated Transit Union 107 on November 15, 2023.

The text was distributed to union members in PDF format by the ATU 107 executive.

TPR obtained the same document from over a dozen sources. The note at the bottom “For Clarity” appears to be an addition by the union executive.

Employer Final Offer

 

MEMORANDUM OF SETTLEMENT

Between

THE CITY OF HAMILTON

(hereinafter referred to as the “Employer”) and

AMALGAMATED TRANSIT UNION LOCAL 107

(hereinafter referred to as the “Union”)

  1. This offer is without prejudice or precedent and expires November 16, 2023, 01:10am
  2. The parties hereto agree to the terms of this memorandum as constituting full settlement of all matters in dispute for negotiations.
  3. The parties agree that the term of the collective agreement shall be from January 1, 2023 to December 31,
  4. The parties agree that the collective agreement shall incorporate all the terms of the previous collective agreement which expired on December 31, 2022, together with this memorandum and all previously signed off amendments attached hereto.
  5. The parties agree to the following amendments:

 

Article 12.06 / Schedule “A”

Effective January 1, 2023, a general wage increase of 3.75% for all classifications. Effective January 1, 2024, a general wage increase of 3.00% for all classifications. Effective January 1, 2025, a general wage increase of 3.00% for all classifications. Effective January 1, 2026, a general wage increase of 3.00% for all classifications.

 

Signing bonus – $750.00 per employee

For clarity, the signing bonus was negotiated for loss wages during the strike, members receiving full STD, LTD and WSIB benefits during the strike will not receive the signing bonus. If you were accommodated while on any of the benefits above, your signing bonus will be prorated.

 

APPENDIX “C” – SUMMARY OF BENEFITS

 

Health Care Spending Account

Your benefit program includes a health care spending account over and above the maximums provided by the benefit plan, which provides you and your dependents with financial assistance for eligible extended health and dental expenses.

Overall Benefit Maximum – $1000 per calendar year

(For greater clarity, not to be included with the collective agreement, unused portions of the $1000 HCSA may be rolled over for 1 year up to a maximum balance of $2000.) Therefore, the HCSA $1000 for 2023 will be rolled over to 2024 to $2000.

ARTICLE XX (New Article) – IMMUNIZATION

 It is understood that the Employer cannot force an Employee to be immunized without their consent. It is further understood that where such immunization is required in order for the Employee to attend work and the Employee refuses immunization or its substitute, they may be placed on unpaid leave with no loss of seniority.

a) Officers of Local 107, members of union committees, when not paid by the eEmployer, shall be allowed reasonable leave of absence from their duties without pay for the purpose of conducting necessary business of the Local Union, provided the request for such leave of absence is made to the city at least twenty-four (24) seventy-two (72) hours in advance, where possible, to permit rearrangement of work assignments.

Where so designated by the President (or designate) on authorized leave of absence for Union business, the Employer shall continue their normal salary or wage payments. The Union shall be invoiced monthly by the Employer for reimbursement of salary or wages plus the Employer’s share of all benefits paid to such Employee during such leave of absence.

  • In recognition of labour relations benefits and efficiencies attained by the Employer through the utilization of Union services, the Employer agrees to issue an annual stipend to the Union of $39,692.87 $75,000 during the first pay period in January.

Each year such stipend shall be subject to any annual percentage increase negotiated by the Parties as applied to employee wages.

  • Blocks for vacation in the Operations Division in a given year will be first posted for sign-up not later than October 15th the third (3rd) Friday after the start of the Fall Board of the preceding year, provisional sign-up to be completed by one (1) calendar month The vacation blocks posted for the ten (10) week summer period will be a minimum of nine-percent (9%) of full-time permanent Operators that exist on the 1st day of the month of September of the preceding vacation year. Operator Employees will bid within the blocks available as posted by the City (HSR) according to rotating seniority lists devised by Local Union 107 and agreed to by the City (HSR).

 

  • Operators entitled to more than two (2) weeks’ vacation will be allowed to sign one week as single vacation They will be required to declare their intent by September 30thAugust 31st before the annual vacation sign-up.

19.17 Wind down

Hours of Work Limits

  • Employees may work up to but not exceed twenty-four (24) ninety- six (96) hours per four (4) week period (a week being Sunday through Saturday), except when it is otherwise mutually agreed or in the case of emergencies as defined in aArticle 22.1920(e) and the mediated settlement dated February 27th

20.02              Irrespective of the date of termination of this contract and any renewals of same, deductions shall be made bi-weekly monthly, the sum to be remitted within eight (8) fifteen (15) days of the end of the respective pay periods month to the Secretary of the Union. The said sums shall be accepted by the Union as the regular dues and assessments of those Employees who are members of the Union. The Union will save the Employer harmless from any and all claims.

 

ARTICLE 36 – EQUIPMENT MAINTENANCE UNIFORM

  • The City (HSR) agrees to furnish welders and body repair mechanics with one
    • pair of leather gloves as Before securing a new pair of leather gloves an Employee must turn in their old pair in order to prove their need for same.

36.021The City (HSR) Employer agrees to make available during the continuance of this agreement, eight (8) eleven (11) clean suits of coveralls every two (2) weeks to all hourly/salary rated full-time mMaintenance, foremen and stockroom Employees. sSuch coveralls to shall remain the property of the City (HSR).

In lieu of the above, all applicable Employees may be supplied with eight (8) eleven (11) clean sets of work shirts and pants every two (2) weeks provided they are available under the rental and cleaning contract of the supplier firm.

37.07 MAINTENANCE/ADMINISTRATIVE

A tool allowance will be paid on the twenty-fourth (24th) pay each year to each eligible employee provided they have worked at least nine (9) months in their group in the previous twelve (12) months. This allowance will be pro-rated over nine (9) months for any employee who has worked less than nine (9) months in the previous twelve (12) months.

 

Truck and Coach Technician $1000.00 $1300.00
Body Repair Technician $700.00 $1000.00
Transit On Board Systems Technician $600.00 $800.00
Machinist $400.00 $600.00
Plant Millwright $400.00 $600.00
HVAC Technician $347.00 $600.00
Plant Electrician $200.00 $600.00
Lube Technician $147.00 $250.00
Maintainer $147.00 $250.00
Maintenance Helper – Transit $147.00 $250.00
Tire Repairer/Installer $100.00 $200.00
Foreperson 50% of Classification
Winddown 50% of Classification
Apprentices 100% of Classification

(a)           The twelve (12) month period for tool allowance will be a calendar year.

  • Bereavement Leave

An Employee shall be granted five (5) regularly scheduled consecutive work days bereavement leave, without loss of pay or benefits, on the death of:

  • a spouse, common-law spouse, same sex partner,
  • a parent, step parent, adopted or foster parent of the eEmployee or the employee’s spouse,
  • a child, step-child, or foster child of the eEmployee or the eEmployee’s spouse, and
  • a brother or sister of the ,

An Employee shall be granted three (3) regularly scheduled consecutive work days bereavement leave, without loss of  pay or benefits, on the death of a

  • grandparent, step grandparent,
  • grandchild or step grandchild of the eEmployee or of the eEmployee’s spouse, and
  • the spouse of a child, the employee’s son-in-law, daughter-in-law, brother-in-law, or sister-in-

Such bereavement leave shall be taken at the time of that bereavement or at the time the Employee received notification of such bereavement. Proof of bereavement may be required by the Director of Labour Relations Director, Employee Health and Labour Relations or designate. The definition of immediate family shall be deemed to apply equally to Employees engaged in a common-law relationship that are deemed to be spouses pursuant to the Family Law Reform Act, as amended.

Where the burial occurs outside the Province, reasonable traveling time up to five (5) working days without pay may be granted at the discretion of the Employee’s Department Head.

In order to receive the paid leave provided for in this Clause, absence must result in loss of time and pay from a regular shift and the Employee must have worked the day before or the day after, provided that an Employee granted leave without pay for compassionate purposes within fourteen (14) calendar days prior to death shall not lose benefits under this Clause.

  1. The parties agree that the previously signed off amendments attached herein and the previously signed off agreed-to items listed below form the full and final Memorandum of settlement between the parties in this round of negotiations:

 

  1. Appendix A – #A1 – March 22, 2023
  2. Appendix B – #A2 – March 22, 2023
  3. Appendix C – #A3 – March 23, 2023
  4. Appendix D – #A4 – April 12, 2023
  5. Appendix E – #A5 – June 26, 2023
  6. Appendix F – #A6 – June 27, 2023
  7. Appendix G – #A7 – August 9, 2023
  8. Appendix H – #A8 – August 10, 2023
  9. Appendix I – #A9 – August 11, 2023
  10. Appendix J – #A10 – August 16, 2023
  11. Appendix K – #A11 – October 5, 2023
  12. Appendix L – #A12 – October 23, 2023

 

  1. The parties agree that the amendments to the collective agreement shall be effective sixty (60) days post ratification except as provided otherwise in these terms of settlement. The date of ratification will be the date the Union or the Employer ratifies the Memorandum of Settlement, whichever is later.

 

  1. The parties agree that wage increases shall be retroactive to January 1, Retroactive pay adjustments shall be paid according to Article 49.02. There shall be no retroactivity on non-wage items.

 

  1. The undersigned representatives of the parties agree to recommend complete acceptance of all the terms of this memorandum to their respective principals.

For Clarity

 

  1. The Operator shuttle remains status quo
  2. The Short-Term Disability form remains status quo
  3. Vacation pay remains same when on Long Term Disability Their were NO CONCESSIONS!