collective agreement 2012-2013 2013-2014 between: …...collective agreement 2008-2009 2009-2010...
TRANSCRIPT
BETWEEN:
COLLECTIVE AGREEMENT
2012-2013
2013-2014
THE ONTARIO ENGLISH CATHOLIC TEACHERS' ASSOCIATION
[HEREINAFTER CALLED THE ASSOCIATION]
AND
HURON· SUPERIOR CATHOLIC DISTRICT SCHOOL BOARD
OECTA- HURON SUPERIOR ELEMENTARY/SECONDARY
Attached is a copy of the 2012-2014 collective agreement which has been filed by the Association in accordance with Section 90 of the Ontario Labour Relations Act. These documents form and are part of the 2012-2014 collective agreement.
Table of Contents
• The terms of 2008-2012 collective agreements • The locally negotiated changes to the 2008-2012 collective
agreements applicable to the respective elementary, secondary and occasional teacher bargaining units
• The Minister's letter of January 2013 or Order in Council, whichever is appropriate
• The July 5, 2012 OECTA Memorandum of Understanding • The May 17, 2013 OECTA Memorandum of Understanding Update
including all clarifications
and,
without limiting the foregoing the 2010 Benefit Enhancements are provided for ease of reference where they have not already been included in the above
and,
without limiting paragraph N of the July 5, 2012 Memorandum of understanding the following local interim agreements/memoranda of settlement 1 grievance resolutions that were made between 2008 and now are included for ease of reference
COLLECTIVE AGREEMENT 2008-2009 2009-2010 2010-2011 2011-2012
B E T W E E N: Huron - Superior Catholic District School Board (hereinafter called the "Board")
- AND - The Ontario English Catholic Teachers' Association [hereinafter called the Branch Affiliate]
TABLE OF CONTENTS Item No
PREAMLE..........................................................................................................................1
1.00 DEFINITIONS .......................................................................................................1
2.00 RECOGNITION ....................................................................................................2
3.00 DEFINITION OF CATEGORIES .......................................................................2
4.00 EXPERIENCE .......................................................................................................3
5.00 ALLOWANCES.....................................................................................................4
5.01 Co-ordinators ................................................................................................4
5.02 Consultants ....................................................................................................5
5.03 Secondary Lead Teachers ............................................................................5
5.04 Related Experience .......................................................................................5
5.05 Transportation Allowance............................................................................5
6.00 INSURANCE PLANS............................................................................................6
7.00 GRIEVANCES/ARBITRATION .........................................................................8
7.01 Definitions - Teacher Grievance..................................................................8
7.02 Definitions - Unit Executive Grievance.......................................................8
7.03 Definitions - Direct Grievances and Group Grievances............................8
7.04 Procedure.......................................................................................................9
Step One................................................................................................. 9 Step Two ................................................................................................ 9 Step Three.............................................................................................. 9 Step Four................................................................................................ 9
7.05 Arbitration of Disputes...............................................................................10
7.08 Expedited Arbitration (O.L.R.A.) .............................................................11
7.09 Mediation-Arbitration(O.L.R.A.)..............................................................12
7.10 Adherence to Timelines ..............................................................................12
8.00 LEAVES................................................................................................................12
8.01 Attendance at Examinations and Graduation Exercises.........................12
8.02 Bereavement Leave.....................................................................................12
8.03 Personal Leave ............................................................................................13
8.04 Compassionate Leave .................................................................................14
8.05 Cumulative Sick Leave Plan ......................................................................14
8.07 Leave of Absence..........................................................................................15
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8.08 Paternity Leave ...........................................................................................16
8.09 Pregnancy/ Parental and Adoptive Leave ................................................16
8.10 Sabbatical Leave .........................................................................................17
8.11 Teacher Self-Funded Deferred Salary Leave Plan ..................................20
8.12 Court Appearance.......................................................................................24
8.13 Witness or Jury Duty Fees .........................................................................24
8.14 Quarantine ..................................................................................................24
8.15 Emergency Leave ........................................................................................24
8.16 Family Medical Care Leave .......................................................................24
9.00 MANAGEMENT RIGHTS..................................................................................25
10.00 WORKPLACE SAFETY & INSURANCE BOARD........................................25
11.00 WORKING CONDITIONS ..............................................................................25
11.01 Elementary Teachers ...............................................................................25
11.02 Secondary Teachers ..................................................................................27
11.03 Organizational Units / Lead Teachers ....................................................27
11.04 Teacher In Charge ....................................................................................28
11.05 Personnel Files...........................................................................................29
11.06 Administration of Medication to Students .............................................29
11.07 Lunch Break .............................................................................................29
12.00 TRANSFERS........................................................................................................29
12.01 Board-Initiated Transfers (Surplus) .......................................................29
12.02 Board-Initiated Transfers ........................................................................30
12.03 Teacher-Initiated Transfers.....................................................................30
12.04 Vacancies/Postings ....................................................................................31
13.00 SHARED POSITIONS .........................................................................................31
14.00 SPECIAL CONDITIONS FOR SCHOOL CLOSURE.....................................33
15.00 SENIORITY/REDUNDANCY ...........................................................................34
15.01 Method of Determination of Seniority ....................................................34
15.02 Special Programs and Subjects ...............................................................34
15.03 Recall..........................................................................................................35
15.04 Seniority List .............................................................................................35
16.00 MEETING WITH OFFICIALS .........................................................................36
17.00 JUST CAUSE .......................................................................................................36
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18.00 RELEASE TIME .................................................................................................36
19.00 CONTINUING EDUCATION............................................................................37
20.00 GRID .....................................................................................................................38
21.00 PRINTING OF AGREEMENT..........................................................................40
22.00 TERMINATION OF AGREEMENT ................................................................40
23.00 RENEWAL OF AGREEMENT .........................................................................40
24.00 JOINT STAFFING COMMITTEE ...................................................................40
25.00 TEACHER PERFORMANCE APPRAISAL AND NEW
TEACHER INDUCTION ...............................................................................41
26.00 JOINT PROFESSIONAL DEVELOPMENT COMMITTEE ........................42
27.00 SIGNATURES .....................................................................................................43
MEMORANDUM............................................................................................................44
Addendum # 1 ..................................................................................................................45
Addendum # 2 ..................................................................................................................46
Addendum # 3 ..................................................................................................................47
Addendum # 4 ..................................................................................................................48
Appendix # 1.....................................................................................................................49
Addendum # 5 ..................................................................................................................60
Addendum # 6 ..................................................................................................................61
Addendum # 7 ..................................................................................................................62
Addendum # 8 ..................................................................................................................63
Addendum # 9 ..................................................................................................................64
Addendum #10 .................................................................................................................65
Addendum #11 .................................................................................................................66
TABLE OF CONTENTS
Item Page No. Item Addendum # 1 ................................................................................................. 45
Addendum # 2 ................................................................................................. 46
Addendum # 3 ................................................................................................. 47
Addendum # 4 ................................................................................................. 48
Addendum # 5 ................................................................................................. 60
Addendum # 6 ................................................................................................. 61
Addendum # 7 ................................................................................................. 62
Addendum # 8 ................................................................................................. 63
Addendum # 9 ................................................................................................. 64
Addendum #10 ................................................................................................ 65
Addendum #11 ................................................................................................ 66
Adherence to Timelines .................................................................................. 12 7.10
Administration of Medication to Students ................................................... 29 11.06
ALLOWANCES................................................................................................ 4 5.00
Arbitration of Disputes................................................................................... 10 7.05
Appendix # 1.................................................................................................... 49
Attendance at Examinations and Graduation Exercises............................. 12 8.01
Bereavement Leave......................................................................................... 12 8.02
Board-Initiated Transfers .............................................................................. 30 12.02
Board-Initiated Transfers (Surplus) ............................................................. 29 12.01
Compassionate Leave ..................................................................................... 14 8.04
Consultants ........................................................................................................ 5 5.02
CONTINUING EDUCATION....................................................................... 37 19.00
Co-ordinators .................................................................................................... 4 5.01
Court Appearance........................................................................................... 24 8.12
Cumulative Sick Leave Plan .......................................................................... 14 8.05
DEFINITIONS .................................................................................................. 1 1.00
DEFINITION OF CATEGORIES .................................................................. 2 3.00
Definitions - Direct Grievances and Group Grievances................................ 8 7.03
Definitions - Teacher Grievance...................................................................... 8 7.01
Definitions - Unit Executive Grievance........................................................... 8 7.02
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Emergency Leave ............................................................................................ 24 8.15
Expedited Arbitration (O.L.R.A.) ................................................................. 11 7.08
EXPERIENCE .................................................................................................. 3 4.00
Family Medical Care Leave ........................................................................... 24 8.16
GRID ............................................................................................................... 38 20.00
GRIEVANCES/ARBITRATION .................................................................... 8 7.00
Procedure........................................................................................................... 9 7.04 Step One................................................................................................. 9 Step Two ................................................................................................ 9 Step Three.............................................................................................. 9 Step Four................................................................................................ 9
INSURANCE PLANS....................................................................................... 6 6.00
JOINT PROFESSIONAL DEVELOPMENT COMMITTEE ................... 42 26.00
JOINT STAFFING COMMITTEE .............................................................. 40 24.00
JUST CAUSE .................................................................................................. 36 17.00
LEAVES........................................................................................................... 12 8.00
Leave of Absence............................................................................................. 15 8.07
Lunch Break ................................................................................................... 29 11.07
MANAGEMENT RIGHTS............................................................................ 25 9.00
Mediation-Arbitration(O.L.R.A.).................................................................. 12 7.09
MEETING WITH OFFICIALS .................................................................... 36 16.00
MEMORANDUM........................................................................................... 44
Method of Determination of Seniority .......................................................... 34 15.01
Organizational Units/Lead Teachers ............................................................ 27 11.03
Paternity Leave ............................................................................................... 16 8.08
Personal Leave ................................................................................................ 13 8.03
Personnel Files................................................................................................. 29 11.05
PREAMBLE...................................................................................................... 1
Pregnancy/ Parental and Adoptive Leave .................................................... 16 8.09
PRINTING OF AGREEMENT..................................................................... 40 21.00
Quarantine ...................................................................................................... 24 8.14
Recall ............................................................................................................... 35 15.03
RECOGNITION ............................................................................................... 2 2.00
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Related Experience ........................................................................................... 5 5.04
RELEASE TIME ............................................................................................ 36 18.00
RENEWAL OF AGREEMENT .................................................................... 40 23.00
Sabbatical Leave ............................................................................................. 17 8.10
Secondary Lead Teachers ................................................................................ 5 5.03
Seniority List ................................................................................................... 35 15.04
SENIORITY/REDUNDANCY ...................................................................... 34 15.00
SHARED POSITIONS ................................................................................... 31 13.00
SIGNATURES ................................................................................................ 43 27.00
SPECIAL CONDITIONS FOR SCHOOL CLOSURE............................... 33 14.00
Special Programs and Subjects ..................................................................... 34 15.02
Teacher in Charge........................................................................................... 28 11.04
Teacher-Initiated Transfers........................................................................... 30 12.03
TEACHER PERFORMANCE APPRAISAL AND NEW TEACHER INDUCTION ......................................................................... 41 25.00
Teacher Self-Funded Deferred Salary Leave Plan ...................................... 20 8.11
TERMINATION OF AGREEMENT ........................................................... 40 22.00
TRANSFERS................................................................................................... 29 12.00
Transportation Allowance................................................................................ 5 5.05
Vacancies/Postings .......................................................................................... 31 12.04
Witness or Jury Duty Fees ............................................................................. 24 8.13
WORKING CONDITIONS ......................................................................... 25 11.00
Elementary Teachers ......................................................................... 25 11.01 Secondary Teachers ............................................................................ 27 11.02
WORKPLACE SAFETY & INSURANCE BOARD................................... 25 10.00
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The Huron-Superior Catholic District School Board and the Huron-Superior OECTA Bargaining Unit are committed to improve student achievement, reduce gaps in student outcomes and increase confidence in publicly funded education. Item 1.00 DEFINITIONS (i) "Teacher" shall mean any employee of the Board who is
(a) a teacher as defined by section (1) of the Education Act, and who is employed as a teacher as defined by section 1(1) of the Education Act, in the secondary or elementary panel of the Board but excluding occasional teachers as defined by section 1(1.1) of the Education Act, and
(b) who is a teacher as defined by Part X.1 of the Education Act. (ii) Continuing Education Teacher means a Teacher who is a continuing education teacher as
defined by the Education Act. (iii) Temporary Teacher means a person employed to teach under the authority of a letter of
permission. (iv) Part-time Teacher means a Teacher who is employed during a school year on a regular basis
for other than full time duty.
(a) A “half-time” Teacher is deemed to work a minimum of four (4) hours per day for E.I. purposes.
(v) A “new teacher” shall mean a teacher who is employed as a teacher during the 24-month
period that follows the day on which the teacher first begins to teach for a board, other than as an occasional teacher.
(vi) The Board means the Huron-Superior Catholic District School Board. (vii) Director means the Director of Education as defined by the Education Act. (viii) Association means the Ontario English Catholic Teachers’ Association. (ix) Negotiating Committee of the Teachers means the negotiating committee of the Association. (x) Reference in this Agreement to the Education Act, the Labour Relations Act and the
Employment Standards Act shall in all instances be deemed to include “and amendments thereto”.
(xi) Parties to this Agreement means the Association and the Board. Item 2.00 RECOGNITION
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2.01 The Board recognizes the Association as the sole and exclusive bargaining agent authorized
to represent all Teachers employed by the Huron-Superior Catholic District School Board. 2.02 (a) The Board recognizes the Negotiating Committee of the Association as the
committee empowered to negotiate a collective agreement on behalf of all Teachers employed by the Board and the Association undertakes that the Negotiating Committee of the Association is so authorized.
(b) The Association recognizes the Negotiating Committee of the Board as the
committee empowered to negotiate a collective agreement on behalf of the Board and the Board undertakes that the Negotiating Committee of the Board is so authorized.
2.03 There shall be no strike or lock-out during the term of this agreement. 2.04 (a) The Board recognizes the appointment or election by the teachers of up to two (2)
Association representatives at the secondary schools and one (1) Association representative at the elementary schools or other work sites.
(b) The Association shall forward such a list of Association representatives to the
Director/designate by September 30 of each year.
(c) The Board will provide space on the existing bulletin boards in every work site. Where no bulletin board exists the Board shall ensure that one is provided within a reasonable period of time.
The Association will have access to the use of the internal courier service. All
material must be approved by the Director or designate prior to distribution. The Association shall have access to the use of the internal e-mail of the Board. It is
agreed that the e-mail will be used for the purpose of sharing information and will not be used for communications that may negatively impact the Board.
(d) The Board shall release Association Representatives for up to one (1) day per school
year for Association training. The cost for occasional teacher replacement shall be paid by the Association.
Item 3.00 DEFINITION OF CATEGORIES 3.01 (a) Q.E.C.O. Qualifications -
Level D ..................... Category 1 Level C ..................... Category 2 Level B ..................... Category 3 Level A1 ................... Category 4 Level A2 ................... Category 5 Level A3 ................... Category 6 Level A4 ................... Category 7
(b) Teachers who are presently at Category D, C or B in accordance with the Q.E.C.O.
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Teachers' Qualifications Evaluation Program 3 shall be deemed to be at Category A achieved through the completion of Pay Equity on January 1, 1992. Category A will become part of the Teachers' Salary Grid and Categories D, C and B will remain categories but will be removed from the Teachers' Salary Grid. However, to advance to A1, A2, A3 and A4, Q.E.C.O. qualifications must be submitted.
3.02 (a) Placement of Teachers shall be determined in accordance with the Q.E.C.O.
Teachers' Qualifications Evaluation Program 5 (hereinafter called Program 5).
(b) Teachers presenting a Q.E.C.O. placement statement shall at the same time present to the Board a copy of all documentation sent to Q.E.C.O. to obtain the placement statement. Once the statement and the documentation are presented the necessary changes to a Teacher's placement on the grid will be made.
3.03 Nothing in the terms of this agreement shall permit the Board to reduce the category
placement of any Teacher covered by this agreement. However, the Board may request a Teacher to have Q.E.C.O. re-evaluate the Teacher's qualifications when the Board has reasonable doubt as to the validity of the present evaluation. If the re-evaluation causes the Teacher to be given a different category placement, the new category placement shall be implemented retroactive to the date of the request for re-evaluation.
3.04 The salary paid to a teacher shall be based on courses passed and qualifications thereby
obtained.
(a) Where the courses required for improved qualifications are completed after January 1st and before September 1st and evidence of such improved qualifications is presented to the Board office by the following December 31st, the increased salary shall become effective September 1st. Payments made for such category changes received after September 1st shall be paid retroactive to that date.
(b) Where the courses required for improved qualifications are completed after August
31st and before December 31st, the increased salary rate shall become effective January 1st, once evidence of such improved qualifications is presented. Evidence must be presented by April 30th.
(c) It is the responsibility of the Teacher to notify the Board in writing with documented
evidence to obtain category change. This should be done immediately upon receipt of such evidence.
Item 4.00 EXPERIENCE 4.01 (a) When Teachers are hired, they shall be credited only with qualified experience,
whether they taught in Ontario, or elsewhere. (b) It shall be the responsibility of the Teachers to furnish, to the Board, signed
statements from previous employers of all teaching experience outside the Board. (c) Existing experience that had been recognized by the Board on or before June 30,
1998 shall be recognized as a Teacher=s experience up to that date.
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4.02 Experience shall be credited as of September 1st annually. No change in salary for
experience shall be paid before the following September 1st.
(a) No Teacher shall be credited with one year of experience until eight months of teaching have been completed.
(b) (i) Credit shall be given to teachers for partial experience based on the
following:
(ii) A teacher with five, six or seven months' experience shall receive five-tenths, six-tenths, or seven-tenths of an increment respectively.
4.03 Dues Check-off
(a) The Board shall deduct from each Teacher's pay on a semi-monthly basis from September to June, the regular dues of the Ontario English Catholic Teachers' Association. The Association shall advise the Board in writing of the amount of the dues authorized by the Association membership in keeping with the Constitution and By-laws of the Association. The Board shall remit the total amounts so deducted through appropriate channels to the Ontario English Catholic Teachers' Association.
(b) The Board shall ensure that all documentation relating to the Criminal Records
Check/Offence Declaration, as required by legislation, is kept confidential and accessible only to senior administration and the individual Teachers who is the subject of the Criminal Records Check/Offence Declaration. A Teacher may appoint an officer of the Association to access their confidential file with the proper release signed by the Teacher.
4.04 Levy
The Board shall deduct from each teacher a local levy as directed by the local Association. This levy shall be paid to the local Association unit.
Item 5.00 ALLOWANCES 5.01 Co-ordinators
The annual allowance for Co-ordinators is as follows: Effective September 1, 2008 - $7,221 Effective September 1, 2009 - $7,438 Effective September 1, 2010 - $7,661 Effective September 1, 2011 - $7,891
5.02 Consultants
The annual allowance for Consultants is as follows:
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Effective September 1, 2008 - $3,610 Effective September 1, 2009 - $3,718 Effective September 1, 2010 - $3,830 Effective September 1, 2011 - $3,945
5.03 Secondary Lead Teachers
The annual allowance for Lead Teachers is as follows: Effective September 1, 2008 - $3,000 Effective September 1, 2009 - $3,090 Effective September 1, 2010 - $3,183 Effective September 1, 2011 - $3,278
5.04 Related Experience
(a) For Teachers hired prior to September 1, 2008:
Approved related experience for technical Teachers teaching in a secondary school will be recognized at the rate of $500 for each full year of such experience to a maximum of $4,500. Related experience shall be interpreted as experience which applies directly to the subject to be taught by the Teacher. The Teacher claiming related experience shall be required to furnish proof to the satisfaction of the Board. Related experience allowance shall not pierce the maximum grid salary for the applicable QECO category. Any individual who would be negatively affected by this clause shall have their salary red-circled.
(b) For Teachers hired after September 1, 2008:
Approved related experience for technical Teachers teaching in a secondary school will be recognized at the rate of 1 year of teaching experience for every two (2) full year(s) of such experience to a maximum of five (5) years of experience for the purposes of determining placement on the salary grid according to Items 5.00 and 20.00 only. Related experience shall be interpreted as experience which applies directly to the subject to be taught by the Teacher. The Teacher claiming related experience shall be required to furnish proof to the satisfaction of the Board. Related experience allowance shall not pierce the maximum grid salary for the applicable QECO category.
5.05 Transportation Allowance
(a) All Teachers who are required to travel from school to school or Board Office to school and back as part of their regular duties shall be paid a travel allowance.
(b) A travel report shall be filed monthly with the Business Department of the Board.
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(c) These members shall be paid per kilometre at the rate established by Board policy. Item 6.00 INSURANCE PLANS 6.01 The Board is not the insurer of benefits. All insured benefits shall be as described in the
insurance company=s brochures which shall be distributed to all Teachers. All benefits shall be subject to the rules, regulations, descriptions, and limitations as set out in the master contracts held by the Board, copies of which shall be provided to the branch affiliate upon the signing of the current collective agreement. In any dispute, such master contracts shall prove binding on all parties.
6.02 (a) The Board shall provide the Teacher with a Life Insurance benefit equal to two times the Teacher’s gross basic annual salary.
The benefits shall be rounded to the next higher $1,000.00. The maximum basic
Group Life Insurance benefit, which shall be provided to any one Teacher, shall not exceed $100,000.00. The Board shall contribute 100% of the premium cost.
(b) An Accidental Death and Dismemberment benefit in the same amount as described
in 6.02(a) shall be provided for Teachers. Such benefits shall be subject to the same underwriting rules and regulations as stipulated in 6.01.
(c) In addition to 6.02(a) and (b) above, the Teacher shall also be allowed to purchase at
his/her own expense a Voluntary Group Life Insurance benefit and an Accidental Death and Dismemberment benefit up to $150,000.00.
The benefit shall also be rounded to the next higher $1,000.00 and shall be limited to a maximum benefit of $150,000.00 for any one Teacher.
6.03 Teachers shall be provided with an extended health benefit plan and the Board shall
contribute 100% of the premium cost.
The Extended Health Care plan shall include the following benefits:
(i) The difference between ward and private hospital room coverage.
(ii) Prescription drug benefit subject to a $1.00 deductible per prescription
(iii) Optical expense benefits for the insured Teacher and the insured Teacher=s dependents subject to a two-hundred ($200.00) maximum benefit every two years.
Hearing aid benefit subject to a five hundred ($500.00) maximum benefit every five (5) years.
(iv) A major medical benefit.
(v) The hospital benefit, optical, and hearing aid benefit, and the major medical benefit
are not subject to any deductibles. 6.04 The Board shall pay, on behalf of the Teacher, 100% of the premium costs for a dental plan
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which reimburses payments for eligible dental services. Dental check-ups will be available every six months. Payments shall be in accordance with the Ontario Dental Association=s published schedule of fees for the previous year as such may be amended by the insurer throughout the life of this agreement. The master policy may not be amended without the consent of the Association.
6.05 The Board shall provide for orthodontic care for the Teacher and the Teacher=s eligible
dependents under the aforesaid policy. Such orthodontic care shall entitle the teacher to a 60% reimbursement of total costs incurred by a Teacher and eligible dependents as defined by the insurer to a maximum of two thousand ($2,000.00) dollars per person for the lifetime of each eligible Teacher or his or her dependent.
6.06 (a) Teachers covered by this agreement shall be provided with a Long-Term Disability
Benefit Plan providing 75% of monthly earnings after thirteen weeks of disability. The Board shall pay 100% of the required premiums. Where a Teacher may be absent for thirteen weeks for the same continuing disability, the Teacher shall apply for LTD benefits. No illness or injury arising out of and in the course of employment, as defined in the Workplace Safety and Insurance Act, and which is, or was at one time, covered by WSIB benefits, shall be the subject of an LTD application.
Teachers who may be absent from duties for a period in excess of thirteen weeks are expected to take responsibility for the completion of forms related to the application to receive LTD benefits.
(b) Teachers suffering from illness or disability for a long duration and whose
accumulated sick leave has expired shall be paid 75% of their weekly earnings to the maximum payable under Employment Insurance per week until they become eligible for LTD benefits under this clause, or until the end of the 15th week of illness.
6.07 The Board has the authority to tender and to select the carriers with the understanding that
the coverage shall not be less than those outlined above.
6.08 Notwithstanding any other provisions of this collective agreement, the Board shall not be required to pay any contribution toward premiums as provided by this Article on behalf of a Teacher who is absent from work due to illness or disability after he or she has been receiving LTD benefits for twenty-four (24) months.
Notwithstanding the above, the LTD plan will include as a benefit that the premium for life insurance be waived. A Teacher for whom the Board is no longer required to contribute toward the premium for benefits as specified above, may continue to participate in said benefits, up to age sixty-five (65), subject to the terms and conditions of the respective carriers of such plans, including continuing eligibility, and provided the Teacher pays to the Board the full cost of the premium or premiums by the 1st day of each month, by way of direct/authorized debit. The surviving spouse and/or dependent of a deceased teacher, including a retired teacher, shall be entitled to continue coverage, as the case may be, in the Board=s group insurance plans for a period not exceeding the date at which the teacher would have been 65 years of age.
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6.09 (a) The Board shall provide full payment of premiums for benefits for part-time
Teachers who are working a minimum of a “half-time” position or more when the request is made by the Board.
(b) The teacher shall pay the premiums for benefits, on a pro-rated basis, when the
request for less than full-time status is made by the Teacher.
(c) The Board may pay full payment of premiums for benefits for part-time Teachers, when the request for less than full-time status is made by the Teacher due to exceptional circumstances.
(d) The Board shall continue to provide full payment of premiums for benefits for any
part-time Teachers who are presently working a minimum of a “half-time” position or more and whose full benefits are presently paid by the Board.
6.10 It is understood that the above medical, dental and drug benefits shall be in accordance with
the master policy and shall not be less than presently provided and outlined above. Item 7.00 GRIEVANCES/ARBITRATION 7.00 It is the mutual desire of the Association and the Board that grievances shall be addressed as
quickly as possible. 7.01 Definitions - Teacher Grievance
A Teacher Grievance under this Agreement shall be defined as any difference or dispute between the Board or its officials and any Teacher of the Association, which relates to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable.
7.02 Definitions - Unit Executive Grievance
A Unit Executive Grievance is defined as a difference or dispute of the Agreement which concerns a number or all of the teachers of the bargaining unit, relating to the interpretation, application, or administration of this Agreement, including any question as to whether a matter is arbitrable.
7.03 Definitions - Direct Grievances and Group Grievances
Any grievances arising directly between the Board and the Association, or any grievance involving more than one teacher, instead of following the procedure herein set out, may be submitted in writing by registered mail or personal delivery within twenty (20) working days after either party becomes aware of the circumstances giving rise to complaint.
The grievance committee shall agree to meet without delay in an attempt to settle the grievance. If this committee is unable to settle such grievance within ten (10) working days after its submission, then the group to whom the grievance was delivered shall reply in writing within five (5) working days.
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7.04 Procedure
The following procedure shall be adhered to in processing a grievance or grievances:
Step One
(a) The Teacher or grievance committee shall take the matter up with the Director of Education or designate, by submitting a concise written statement of the complaint(s) and redress(es) sought, including the article numbers in question, within twenty (20) working days of the occurrence giving rise to the grievance, and shall request that a meeting be convened with the Director of Education or designate.
Step Two (b) (i) The Director of Education or designate shall arrange and meet within five (5)
working days of receipt of the letter of grievance. He/she shall give his/her decisions or answers to the grievance within five (5) working days after the meeting. His/her answer shall be in writing and a copy shall be sent to the Unit President(s).
(ii) A Teacher may, if he or she wishes, be accompanied to the meeting with the
Director of Education or designate, by a member of the Association. Step Three
(c) If the grievance is not satisfactorily resolved at Step Two, the Association may, on
behalf of the aggrieved Teacher, within five (5) working days after the reply at Step Two has been or should have been delivered, require a meeting of the Grievance Committee by delivering the grievance in writing to the Director of Education or designate, by registered mail or personal delivery.
Step Four
(d) (i) The “Grievance Committee” shall consist of two members of the Association
appointed by the Association and two representatives appointed by the Board.
(ii) The Grievance Committee shall convene within five (5) working days after
receipt of the grievance by the Director of Education or designate, by prepaid, registered, or certified post, and the Committee shall seek to resolve the grievance within fifteen (15) working days of the first “step-four” meeting.
(iii) The aggrieved Teacher, or a designate, and a representative of the Board may
make representations regarding the grievance.
(iv) Grievance Mediation Option
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If the grievance committee is unable to resolve the grievance, the grievance mediation option may be pursued with mutual agreement of the Board and the Association.
(e) If the Grievance Committee is unable to resolve the grievance, the Director of
Education or designate, shall within five (5) working days after the said meeting, deliver to the appointees of the Association the written reply of the Board to the grievance.
7.05 Arbitration of Disputes
(a) If any grievance has not been satisfactorily settled pursuant to the foregoing provisions, either party may within five (5) working days, serve notice, in writing, submitting to arbitration according to the following provisions:
(i) The notice submitting to arbitration shall contain the name of the appointee
to the Arbitration Board of the party making the submission. The recipient of the notice shall within ten (10) working days of receipt of the submission(s), inform the other party in writing of the name of its appointee to the Arbitration Board.
(ii) After the second party has appointed its nominee, the two nominees to the
Arbitration Board shall, within ten (10) working days appoint a third person who shall serve as the chairperson of this Arbitration Board.
(iii) If the recipient of the notice fails to select an appointee, or if the two
appointees fail to agree upon a chairperson within the time limit, then the appointment shall be made by the Minister of Labour upon request of either party. No person may be appointed to the Arbitration Board who has participated directly in an attempt to settle the grievance.
(iv) The Arbitration Board established as above, shall decide the grievance
submitted to it, and any related question(s), including whether the matter is arbitrable, but this Board shall have no power to alter, modify, or amend this agreement nor make any decision inconsistent therewith.
(v) The Arbitration Board shall hear and decide the grievance, and shall issue its
decision in writing and the decision shall be final and binding upon the parties and any teacher affected by it. The decision of a majority of the Arbitration Board is the decision of the Arbitration Board, but if there is no majority, the decision of the chairperson governs.
(vi) Each party shall pay the cost of its own appointee to the Arbitration Board,
and the parties shall equally share the cost of the chairperson.
(vii) The decision of the Arbitration Board shall be submitted, in writing, by
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registered mail, or personal delivery, to the two parties.
(b) As an alternative to 7.05 above, both parties may, upon mutual agreement, choose a single arbitrator to settle the grievance.
(i) The notice submitting to a single arbitrator shall contain the names of the
three suggested appointees of the party making the submission. The recipient either agrees to one of the nominees or suggests three other appointees.
(ii) If the parties fail to select an appointee, then the appointment shall be made by the Minister of Labour on request of either party. No person may be appointed who has participated directly in an attempt to settle the grievance.
(iii) The Arbitrator established as above, shall decide the grievance, and any
related question(s), including whether the matter is arbitrable, but this Arbitrator shall have no power to alter, modify, or amend this agreement nor make any decision inconsistent therewith.
(iv) The Arbitrator shall hear and decide the grievance, and shall issue a decision
in writing and the decision shall be final and binding upon the parties and any teacher affected by it.
(v) The parties shall equally share the cost of the Arbitrator.
(vi) The decision of the Arbitrator shall be submitted, in writing, by registered
mail or personal delivery, to the two parties. 7.06 The term working days when used in this Article, shall mean Monday to Friday inclusive
throughout the year, but excluding school holidays as defined by the Ministry of Education under the Education Act with the exception of July and August.
7.07 Any time limits fixed by this Article may, at any time, be extended by mutual agreement of
the representatives of the parties involved. 7.08 Expedited Arbitration (O.L.R.A.)
(a) Notwithstanding the procedure above, either party may request access to expedited arbitration under Section 49 of the Ontario Labour Relations Act.
(b) A written request may be made after the grievance procedure under the agreement
has been exhausted or after thirty (30) days have elapsed from the time at which the grievance was first brought to the attention of the other party, whichever occurs first.
(c) Despite article 7.08(b) above, where the grievance is due to discharge or other termination of employment a request may be made in writing after the grievance procedure has been exhausted or after fourteen (14) days have elapsed from the time which the grievance was first brought to the attention of the other party, whichever
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occurs first.
(d) No such request in 7.08(b) or (c) above shall be made beyond the time stipulated for referring the grievance to Arbitration.
7.09 Mediation-Arbitration (O.L.R.A.)
Notwithstanding the above, as outlined in Section 50 of the Ontario Labour Relations Act, the parties may agree to refer one or more grievances to mediation-arbitration for the purpose of resolving the grievance in an expeditious and informal manner.
7.10 Adherence to Timelines
Failure by the Board to abide by the above timelines in a grievance that it has brought against OECTA or failure by OECTA to abide by the above timelines in a grievance that it has brought against the Board, shall render the grievance abandoned.
Item 8.00 LEAVES 8.01 Attendance at Examinations and Graduation Exercises
Upon notifying the Director of Education, Teachers may be excused from attendance at school without deduction from salary for the purpose of writing examinations, for the improvement of professional qualifications when such examinations are scheduled on a regular school day and to attend their own university graduating exercises.
8.02 Bereavement Leave
(a) (i) A Teacher shall be entitled to a leave of absence, without loss of pay or deduction from cumulative sick leave, to a maximum of five (5) working days for the purpose of attending a funeral of a member of his/her immediate family if the deceased member lived one hundred and sixty (160) kilometres or more from the Teachers= residence.
(ii) A Teacher shall be entitled to a leave of absence without loss of pay or
deduction from cumulative sick leave to a maximum of five (5) consecutive calendar days, including Saturday, Sunday and any day designated as a holiday, for the purpose of attending a funeral of a member of his/her immediate family, if the deceased member lived within one hundred and sixty (160) kilometres of the Teachers= residence.
(iii) A Teacher shall be entitled to a leave of absence, without loss of pay or
deduction from cumulative sick leave, to a maximum of five (5) working days for the purpose of attending a funeral of a member of his/her immediate family if the deceased member lived within one hundred and sixty (160) kilometres of the Teachers= residence, when the Teacher is responsible for funeral arrangements.
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(iv) A Teacher shall be entitled to a leave of absence, without loss of pay or deduction from cumulative sick leave, for one (1) day for the purpose of attending the funeral of a relative. If the funeral falls on a Saturday, Sunday or a holiday when there is no school, the Teacher shall not be entitled to a one (1) day leave of absence.
(v) In such instances mentioned above, notice of such absence shall be made to
the Director or designate either personally or through the Principal(s).
(b) Immediate family is defined as parents, legal guardians, parents-in-law, husband, wife, children, sons-in-law, daughters-in-law, brothers, sisters, brothers-in-law, sisters-in-law, grandparents and grandchildren.
(c) Relatives include aunts and uncles, nieces and nephews consanguine or by marriage.
(d) On the day of the funeral of a student, staff member, or staff spouse, the Director, in
consultation with the Principal, shall endeavour to make arrangements for some of the staff members of the school involved to attend the funeral services, subject to the needs of the school.
(e) Any Teacher serving as a pallbearer shall be granted a leave of absence for one-half
(2) day without loss of pay and without loss of cumulative sick leave. 8.03 Personal Leave
(a) Personal Leave Without Pay
Teachers may be granted a leave of absence for personal leave up to a total of three (3) days per year, under special circumstances, at the discretion of the Director/designate, with loss of pay, but not sick leave credits or benefits.
(b) Personal Leave With Pay
Teachers teaching in the city of Sault Ste. Marie, may be granted a leave of absence for personal reasons up to one (1) day per year, under special circumstances, at the discretion of the Director/designate, without loss of pay, but with deduction of sick leave credits. In all cases, consideration by the Director/designate will include reference to the staffing needs, and availability of replacement of Teachers, of that Teacher’s school. The approval of this leave will not be granted to extend a holiday (ie attached to Christmas Break, March Break and the beginning or end of the school year). Teachers working outside of the city of Sault Ste. Marie may be granted a leave of absence for personal leave up to a maximum of two (2) days per year, at the discretion of the Director/designate, without loss of pay. These days may be taken consecutively or individually, but in all cases, consideration by the Director/designate will include reference to the staffing needs, and availability of
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replacement Teachers, of that Teacher’s school. 8.04 Compassionate Leave
A Teacher may be granted a leave of absence for compassionate leave to a maximum of two (2) days per occasion at the discretion of the Director or designate without loss of pay or deduction from cumulative sick leave. In addition, up to an additional 2 days may be granted, at the Director or designate=s discretion, where extensive travel time is required on the part of the Teacher.
If the Director or designate is not available, the Teacher shall notify his/her immediate supervisor of the reasons for his/her absence. Where the Teacher=s immediate supervisor is not available, the Teacher, in these circumstances, must make all reasonable efforts to inform another Teacher or school official of his or her pending absence. Upon return the employee shall notify the Director or designate of the reasons for the absence and the Director or designate shall determine if compassionate leave is to be granted. Each year, the Director shall meet with the Association president to review the criteria used for granting leave under this clause.
8.05 Cumulative Sick Leave Plan
(a) The Board shall be responsible for maintaining records listing Sick Leave credits, the accumulated credits, and any deductions which have been made.
(b) An annual statement shall be given to each Teacher which shall indicate the number
of accumulated days for which he/she is credited.
(c) If any dispute should occur concerning the credits of any Teacher, it shall be subject to the Grievance Procedure.
(d) (i) The sick leave credits shall be a maximum of twenty (20) days annually.
Each employee shall be credited with twenty (20) sick leave days each year. Sick leave commences on the first teaching day in September, and ends on August 31st in each calendar year.
(ii) A Teacher who is receiving L.T.D. benefits at the commencement of a school
year will not be credited with sick leave credits during that year. However, in the event the Teacher returns during the school year for which he or she was absent and receiving L.T.D. at the beginning of the school year, he or she will be credited with twenty (20) sick days if he/she returns to work prior to February 1 and ten (10) sick days if he/she returns to work after February 1.
(e) One-hundred per cent (100%) of the unused sick leave credits for the current year
shall be placed to the credit of each Teacher, for each year, as accumulated sick leave allowance to a maximum of two hundred and forty (240) days.
(f) (i) When a Teacher of a Board which has established a sick leave credit plan
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under the Municipal Act, or similar legislation, becomes a Teacher of this Board, he/she shall be entitled to have placed to his/her credit the sick leave credits which he/she had accumulated in the plan of the Board by which he/she was previously employed, to the maximum of the plan of the Huron - Superior Catholic District School Board.
(ii) However, under normal circumstances, to receive credit for accumulated sick
leave under this section, a Teacher must submit a statement of his/her previously accumulated sick leave not later than two months after he/she has commenced his/her duties with the Board.
(g) No transfer into the sick leave credit plan of this Board shall be given for any portion
of accumulated sick leave for which the Teacher received service gratuity, or any other allowance, from his/her previous employer.
(h) Any Teacher covered by this agreement who is absent from duty on account of sickness, may be required to have his or her illness certified by a physician, or dentist.
(i) Deductions shall be made from a Teacher=s sick leave credits for the number of days
of absence because of illness. No salary payment shall be made to the employee for absence beyond the number of days to his/her credit in the sick leave plan.
(j) All deductions shall be made from the current year's sick leave credits until such
credits are exhausted. After this time, deductions shall be made from the accumulated credits.
8.06 Part-time Teachers will be entitled to sick leave credits and accumulation pro-rated to the
extent of their teaching duties. As an example, a half-time ( .5) Teacher would receive ten (10) sick leave day credits at the beginning of the year that would be deducted at one half (.5) days per absence. That Teacher would thus accumulate seven (7) days to be carried forward were they to use six (6) “sick days” over the year. A Teacher teaching .25 time would receive five (5) sick day credits at the beginning of the year and would carry forward three and a half (3.5) sick days if they were to use six (6) “sick days” over the year.
8.07 Leave of Absence
(a) With a written request, a leave of absence to any Teacher may be granted at the discretion of the Board, having regard for the number of Teachers who may be required at the termination of the Leave of Absence.
(b) Any Leave of Absence granted shall not be for a longer duration than one teaching
year.
(c) If a Teacher is granted a Leave of Absence, he/she may maintain benefit coverage by paying the required premiums himself/herself subject to the Board notifying the insurer and the eligibility for coverage as determined by the carrier.
A teacher who is on such leave shall not be credited with any sick leave during the
period of such leave.
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(d) Subject to the pupil and programming needs of the school(s) in question and the
system as a whole, where a Teacher returns from a leave of absence, reasonable efforts will be made to allow the Teacher to return to a comparable position in the same community where he or she taught previously. In making these efforts, the Board will consider the transfer and redundancy clauses in Articles 12 and 15.
For the purpose of this clause, the following areas constitute a “community” : Massey and Espanola together; Elliot Lake; Blind River; the former Board of Sault Ste. Marie; the former Board jurisdiction of Chapleau; the former Board jurisdiction of Michipicoten.
(e) Where a Teacher has been off for an extended leave due to medical reasons and has
been medically certified to return to work, reasonable efforts will be made to allow the Teacher to return to a comparable position in the same community, as defined in (d) above, where he or she taught previously.
8.08 Paternity Leave
A Teacher shall be granted a leave of absence without deduction of salary to a maximum of two (2) days upon the birth/adoption of a child or children. This leave shall be taken:
the day previous to the birth or adoption. or the day of the birth or adoption. or within five (5) working days of the birth or adoption. or within five (5) working days of the child's release from hospital
following birth or adoption. 8.09 Pregnancy/ Parental and Adoptive Leave
(a) (i) Teachers shall have access to Pregnancy/Parental Leave according to the
Employment Standards Act.
(ii) In special circumstances, at the discretion of the Director or designate, pregnancy or parental leave may be extended by an additional year.
(iii) At the completion of the statutory Pregnancy/Parental Leave, a Teacher shall
return to the same assignment in the same school in which the Teacher taught prior to the leave, subject to the surplus, transfer and redundancy provisions of this collective agreement.
Notwithstanding the above, when a Teacher returns part way through a school year, in order to avoid disruption to the student and program needs, the Board reserves the right to temporarily reassign the Teacher. It is understood that the Teacher shall be assigned for the following school year to the same school in which the Teacher taught prior to their leave in accordance with the above.
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(b) A Teacher on pregnancy or parental leave shall be entitled to the accumulation of credit for Teaching experience for the duration of their statutory leave.
(c) The Board shall continue to pay the premiums for benefits for the maximum allowed
under the Employment Standards Act for Pregnancy Leave and Parental Leave. Teachers on parental leave shall also have the option of reimbursing the Board for the cost of maintaining his or her benefits beyond the leave granted in this clause for a period of up to one year where an additional leave has been granted under Article 8.09 (a)(ii).
(d) Supplementary Employment Benefit Plan
The Board shall provide for Teachers on pregnancy leave a Supplementary Employment Benefit plan subject to approval by Human Resources Development Canada and subject to regulations established by the Commission. For each week of the two-week mandatory waiting period, the plan will pay a sum equal to the Employment Insurance (EI) benefit that would be payable to the member each week. To be granted a SEB benefit members must make written application to the Board prior to the expiry of the period of EI benefit providing documentation from Human Resources Development Canada outlining the commencement date of the waiting period and the amount of EI benefit payable.
(e) Adoption Leave
Upon request, arrangements shall be made for a Teacher to be granted adoption leave to a maximum of thirty-five (35) weeks, without pay, upon the adoption of a child or children. This leave shall be extended for a period of up to one year at the request of the Teacher.
8.10 Sabbatical Leave
(a) Purpose
(i) This program is established for the purpose of recognizing Teachers who are giving significant professional service to the Board, and of offering them an opportunity for enrichment which, in turn, will benefit our school system.
(ii) Sabbatical leave may be granted for the following purposes:
- Educational Improvement or Development. - Educational Study or Research. - Enrichment or Leadership Training.
(b) Number and Duration
(i) Each school year one Sabbatical Leave may be granted to a Teacher who
qualifies. The duration of such leave shall not exceed one school year.
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(ii) More than one Teacher may receive a Sabbatical Leave in a given year provided that the total duration of the leave does not exceed one year.
(c) Qualifications
(i) To qualify for Sabbatical Leave, a Teacher must have taught for seven (7)
years and have been employed at least five (5) years by the Huron-Superior Catholic District School Board or one of its four predecessor Boards.
(ii) Teachers who may qualify for Sabbatical Leave shall be defined as persons
employed full-time by the Board as a classroom Teacher, Consultant, Co-ordinator, specialized Teacher.
(d) Granting of Sabbatical Leave
(i) Sabbatical Leave may be granted by the Board to persons referred to in
8.10(c)(i) on application to the Board through the Director of Education.
(ii) Those Teachers who are applying for a Sabbatical leave shall include detailed information regarding their curriculum vitae and their plans for the Sabbatical Year.
(iii) Applications shall be submitted to the Director of Education by November
1st prior to the school year of which Sabbatical Leave is requested.
(iv) The Committee shall meet and make a recommendation of selection to the Board through the Director of Education prior to December 1st.
(v) The final approval shall be the decision of the Board.
(e) Composition of Sabbatical Leave Committee
The Sabbatical Leave Committee shall consist of three (3) representatives appointed by the Branch Affiliates, the Chairperson or Vice-Chairperson of the Board and two (2) trustees. The Director of Education shall act as Chairperson and Secretary of this Committee.
(f) Selection of Teacher for Sabbatical Leave
(i) Careful study of the applications shall be given by the Committee.
(ii) In the final selection of the person who may be recommended for Sabbatical
Leave, the Committee should give considerable weight to the nature of the proposed Sabbatical Leave projects, and of the system's need for this contribution.
(g) Reporting Sabbatical Leaves
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A Teacher, on his/her return from Sabbatical Leave, shall submit a written report to the Board on the educational benefits of his/her leave.
(h) Payment
(i) A Teacher on Sabbatical Leave shall receive 50% of his/her grid salary.
He/she shall be granted the option to augment 50% of his/her salary by using sick leave credit to raise his/her total remuneration to a maximum of 100% of his/her basic grid salary.
(ii) Superannuation deductions shall be continued as provided by the Teachers'
Pension Plan Board. Deductions shall be made on the actual salary drawn including sick leave credit.
(iii) A Teacher who is granted a Sabbatical Leave shall be eligible upon return to
duty,
a) to assume the same position (i.e. consultant to consultant etc.) at the current rate in accordance with Items 5 & 20, or
b) to apply for a vertical promotion.
(iv) Cumulative Sick Leave credits will not be granted for the period of
Sabbatical Leave.
(v) All other premiums for benefits shall be maintained by the Board for the Teacher concerned, subject to eligibility as determined by the carrier.
(vi) One whole year of Sabbatical Leave shall be recognized as one year of
experience.
(vii) A Teacher taking Sabbatical Leave shall give a commitment in writing in a form approved by the Board, to continue to teach for the Board for the three (3) full school years immediately upon returning from the Sabbatical Leave. Should the Teacher resign at an earlier date, the total salary including Cumulative Sick Leave credit paid by the Board shall be repaid on a pro rata basis over a period of time not to exceed three (3) years.
8.11 Teacher Self-Funded Deferred Salary Leave Plan
(a) Description
The Teachers' Deferred Salary Leave Plan has been developed to afford Teachers the opportunity of taking a one (1) year leave of absence with pay. This can be achieved by spreading two (2) years= salary over three (3) years, or three (3) years= salary over
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four (4) years, or four (4) years= salary over five (5) years=, etc.
e.g. year year + 1
The terms of the agreement shall be jointly determined by the Teacher and the Board.
(b) Eligibility
Any Teacher having three (3) years seniority with this Board and holding a permanent contract with this Board may apply to participate in the Plan.
(c) Application
(i) A Teacher must make written application to the Director of Education or
designate on or before February 1st, requesting permission to participate in the Plan.
(ii) Acceptance or rejection of a Teacher's application shall be at the discretion of
the Board.
(iii) Written acceptance, or rejection of the Teacher's application with explanation, shall be forwarded to the Teacher by May 25th in the school year the request is made.
(iv) In the approval of applications priority shall be given to the staffing and
program needs of the school system. If applications permit, the Board shall accept a maximum of ten (10) Teachers per year into the Plan. Leaves shall be granted on the basis of seniority. In the event of a tie based on seniority, lots shall be drawn.
(d) Deferral of the Leave
(i) If a qualified and acceptable replacement cannot be found for a Teacher who
has been granted a leave, the Board may defer the leave for one (1) year.
(ii) In such a case the Board shall give the participating Teacher written notice of deferment at the earliest possible date known to them or at least by the 5th working day of May of the year in which the leave was to commence.
(iii) In such a case the participating Teacher may choose to withdraw from the
Plan or remain in the Plan by giving the Director of Education written notice of intent within ten (10) days of notification of deferral of leave.
(iv) Where the Teacher chooses to remain in the Plan, an amendment to the
contract must be entered into within fifteen (15) days of the decision to remain in the Plan or the Teacher shall be deemed to have withdrawn from
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the Plan.
(e) Withdrawal from the Plan
If a Teacher wishes to withdraw from the Plan, written notice of withdrawal shall be given to the Director of Education. Payment of any monies and accumulated interest shall be paid, subject to statutory deductions, within ten (10) working days of the receipt of the letter of withdrawal.
(f) Implementation of the Plan
The financial arrangements for funding the year of leave shall be as follows:
(i) Each Teacher in the Plan shall sign an agreement with the Board. The
agreement shall specify the terms and conditions agreed to by the Teacher and the Board. Copies of this agreement shall be provided to the Teacher, Board and the Association.
(ii) The Board shall deduct from each pay an amount according to the schedule
below:
Plan Deduction 2/3 33.33% of the Teacher=s gross salary for that pay period 3/4 25 % of the Teacher=s gross salary for that pay period 4/5 20% of the Teacher=s gross salary for that pay period 5/6 16.67% of the Teacher=s gross salary for that pay period 6/7 14.29% of the Teacher=s gross salary for that pay period
(iii) The sums deducted in accordance with (ii) above shall be placed in an individual savings account at a bank of the Board's choice. Such accounts shall be in the Board's name and held in trust for the individual Teacher.
(iv) During the final year of the plan, the Teacher shall be granted a leave of
absence. While on leave, the Teacher shall be paid the monies accumulated as of the commencement date of the leave in the account described in (iii) above in accordance with the agreed upon payment formula. All additional sums generated by the said account shall be paid on the last payment date.
(v) There shall be no administration fee for implementation of the plan.
(vi) Subject to the terms of the group insurance policies in effect and the eligibility for coverage for the year of leave, the Board agrees to pay the premiums for the Teacher=s benefit plan in accordance with the Collective Agreement. For the year of leave the full cost of such Teacher=s benefit plans is to be deducted from the participant's pay as provided above.
(vii) Payroll deductions for income tax, CPP and EI shall be made according to
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ruling received from the appropriate authorities.
(viii) The participating Teacher shall agree to hold the Board harmless against all claims or demands that may arise out of deductions or payments made in accordance with rulings received, such as Canada Pension Plan, Employment Insurance, Income Tax, Teachers' Pension Plan, etc.
(ix) Subject to the pupil and programming needs of the school(s) in question and
the system as a whole, where a Teacher returns from a leave, reasonable efforts will be made to allow the Teacher to return to the same community where he or she taught previously. In making these efforts, the Board will consider the transfer and redundancy clauses in Articles 12 and 15.
For the purposes of this clause, the following areas constitute a Acommunity:” Massey and Espanola together; Elliot Lake; Blind River; the city of Sault Ste. Marie; the former Board jurisdiction of Chapleau; the former Board jurisdiction of Michipicoten.
(x) Sick leave credit, seniority and experience including experience for
retirement gratuity shall not accumulate during the year spent on leave. Any sick leave accumulated prior to the leave shall be carried over to the year of the Teacher's return.
(xi) Teachers who cease to be covered by the Collective Agreement while
enrolled in the Plan shall be required to withdraw and shall be paid a lump sum adjustment for any monies deferred to the date of withdrawal, plus any interest earned in the account described in (f)(iii). Repayments shall be made within sixty (60) days of the withdrawal from the Plan.
(xii) Teacher Pension deductions are to be maintained in accordance with the
Teachers' Pension Act, as amended from time to time. Teachers are solely responsible for any other arrangements that may be made with the Teachers' Pension Plan Board.
(xiii) A Teacher may withdraw from the Plan at any time prior to February 28th of
the calendar year in which the Self-Funded Deferred Leave is to commence. Upon withdrawal, any monies plus interest accumulated in the account described in (f)(iii), shall be repaid to the Teacher within sixty (60) days of notification of his/her desire to leave the Plan.
(xiv) Should a Teacher die while participating in the Plan, any monies plus interest accumulated in the savings account mentioned in (f)(iii), at the time of death, shall be paid to the Teacher's Estate.
(g) Agreement Re: Teacher Self-Funded Deferred Salary Leave Plan
This Teacher Self-Funded Deferred Salary Leave Plan is between the Huron-Superior Catholic District School Board and ____________________________
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I have read the terms and conditions of the Huron-Superior Catholic District School Board Teacher Self-Funded Deferred Salary Leave Plan and hereby agree to enter the Plan under the following terms and conditions.
1. Enrolment Date
I wish to enroll in the Teacher Self-Funded Deferred Salary Leave Plan commencing
__________________________________________________________
2. Year of Leave I shall take my leave of absence from the Huron-Superior Catholic District School Board
from _____________________________________________________
to _______________________________________________________
3. Financial Arrangements
The financing of my participation in the Teacher Self-Funded Deferred Salary Leave Plan shall be according to the following schedule:
3.1 Commencing September 1, 20 _____ I wish to defer ___ of each of my salary
payments for the next _____ years. (i.e. September 1, 20 ______ to June 30, 20 ______ inclusive).
3.2 Annually, the Huron-Superior Catholic District School Board shall provide
me with a statement regarding the status of my account by the end of September.
3.3 In the year of the leave, the total monies accumulated as of August 31 of that
year shall be paid, subject to statutory deductions, either in one lump sum in September, in two (2) payments (one in September and one in January) or through bi-weekly payments, with accumulated interest. The teacher must submit the designated board form indicating their preferred option, by June 15th in the year prior to their leave.
3.4 The final payment shall include all interest that has accrued.
__________________________________________________________
Teacher's Present School __________________________________________________________ Teacher's Signature
_________________________________________________________ Present Assignment
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__________________________________________________________ Director of Education
__________________________________________________________ Date 8.12 Court Appearance
If a Teacher is charged with a criminal or any other offence while performing the functions of a Teacher or duties assigned by the Board, and such a Teacher is not found guilty of that offence, or if the charge is withdrawn, such a Teacher shall be entitled to payment of salary for the number of days that he/she was absent from work as a result of attendance at court in connection with such charge. It is understood that an employee will be entitled to salary only if he or she was employed for the relevant period.
8.13 Witness or Jury Duty Fees
Any witness or jury duty fees are reimbursed to the Board without loss of salary if a Teacher is so summoned by the court. In those circumstances where a teacher is summoned by the court in a proceeding which was initiated by them, they will be given a leave of absence without pay. Exceptional circumstances shall be addressed and a leave may be granted with pay at the discretion of the Director or designate. A copy of any subpoena/summons by the Court shall be forwarded to the Human Resources Department.
8.14 Quarantine
Teachers are entitled to salary despite absence from duty in any case where, because of exposure to communicable disease, the Teacher is quarantined or otherwise prevented by the order of medical health authorities from attending upon his or her duties. These days shall be deducted from sick leave credits.
8.15 Emergency Leave
Teachers shall have access to Emergency Leave according to the Employment Standards Act.
8.16 Family Medical Care Leave
Teachers shall have access to Family Medical Care Leave according to the Employment Standards Act.
Item 9.00 MANAGEMENT RIGHTS 9.01 The Board reserves unto itself all management rights and shall exercise these rights in a
manner consistent with this agreement, subject to all relevant laws, statutes and regulations of Ontario and Canada, which may be enacted from time to time, including, but not limited to: the Education Act and the regulations thereto; the Ontario Labour Relations Act; and the Education Quality and Accountability Office Act and the Occupational Health and Safety Act and the regulations thereto.
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9.02 No alteration, variation or addition to the express terms of this agreement shall be made by
any arbitrator or Board of Arbitration.
Item 10.00 WORKPLACE SAFETY & INSURANCE BOARD 10.01 The Board agrees to provide to the Local Bargaining Unit and the injured teacher any
return to work plan or any other prescribed information, form and/or correspondence between the Board and the WSIB regarding a teacher’s WSIB claim where permitted by law, with the written consent of the Teacher.
10.02 It is agreed that, when a Teacher is eligible for and receives approval of a claim by the
Workplace Safety & Insurance Board, the Teacher is entitled to one hundred percent (100%) of their usual wages and benefits from the day the accident occurred, for the duration of the teacher’s absence from work without deduction from sick leave credits.
10.03 Where a teacher receives workers’ benefits as determined by the Workers’ Safety and
Insurance Board, such payments shall be directed to the Board. 10.04 The denial of workers’ benefits does not preclude the use of sick leave as determined by
the collective agreement. Item 11.00 WORKING CONDITIONS 11.01 Elementary Teachers
(a) Preparation/Planning Time (i) Each Teacher at the elementary level shall receive preparation and planning time free
of duties for use at the professional discretion of the Teacher. For every one-thousand five hundred (1500) minutes of instructional time, a Teacher shall receive the following amount of preparation and planning time:
2008-2009 200 minutes 2009-2010 210 minutes 2010-2011 220 minutes 2011-2012 230 minutes Effective August 31, 2012 240 minutes
(ii) A Teacher’s right to an equal amount of time (as per article 11.01 a) shall be provided in each case as the school day is organized for each year.
(iii) Notwithstanding other provisions in this collective agreement, the Board may assign
the additional teaching staff generated by the increase in elementary teacher preparation time above the 2008-09 level to enable full-time school based teaching assignments in the Arts in more than one elementary school. This shall be done in consultation with the Joint Staffing Committee.
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(iv) Notwithstanding other provisions in this collective agreement, the additional weekly
minutes of preparation time above the 2008-09 level generated within twenty (20) consecutive instructional days, may be aggregated to provide for meaningful blocks of preparation time for teachers.
(b) Instructional Day
The daily instructional program at an elementary school shall not exceed three hundred (300) minutes in length.
(c) Supervision
(i) Elementary teachers shall be available to students in their classroom fifteen minutes prior to the first scheduled class of the day and five minutes prior to the first scheduled class in the afternoon. Such time shall not constitute supervision/on-call or instructional time. Any assigned supervision duty during the times as outlined above, such as but not limited to, bus duty, hall duty and / or yard duty shall constitute supervision.
(ii) The maxima of supervision per week for elementary teachers is as follows:
100 minutes in 2008-2009; 90 minutes in 2009-2010; 80 minutes in 2010-2011; 80 minutes in 2011-2012.
(iii) The introduction of the maxima described above shall not increase Collective
Agreement provisions or current practice during the 2007-2008 school year, where such provisions may be more favorable.
(iv) Supervision shall be assigned by the Principal equitably among the staff.
(v) The Board shall provide the Association with a tentative master supervision schedule
in a timely manner but no later than October 15th of each school year. Pursuant to ii) above, any concerns regarding the scheduling of supervision shall be referred to the Joint Staffing Committee.
(vi) Supervision assignments shall be pro-rated based on percentage of employment
contract.
(d) Release Time for Assessment, Evaluation and Report Cards
(i) In the 2009-10 school year, one Professional Activity Day will be designated for the purpose of assessment and completion of report cards at the elementary level. The day will be designated in the calendar prior to the first reporting period.
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(ii) Effective September 2010, two (2) Professional Activity Days will be designated: one prior to the first reporting period and one prior to the second reporting period.
11.02 Secondary Teachers
(a) A Full-time Teacher shall be assigned duties consisting of six (6) credit/credit-equivalent courses and additional duties, set out as follows: (i) A maximum of six (6) full periods assigned as supervision so that Teachers
will be eligible for their forty (40) consecutive minutes for lunch breaks on the day of supervision. Noon-hour supervision shall be defined as half (1/2) the normal lunch period to a maximum of one day out of each four (4) day cycle.
Secondary teachers shall be available to students in their classroom fifteen minutes prior to the first scheduled class of the day and five minutes prior to the first scheduled class in the afternoon. Such time shall not constitute supervision/on-call or instructional time. Any assigned supervision duty during the times as outlined above, such as but not limited to, bus duty, hall duty and / or yard duty shall constitute supervision.
(b) Part-time Teachers shall be pro-rated to that of a Teacher as defined in 11.02 a). (c) All unassigned instructional time shall be available for teacher preparation and
planning time for use at the professional discretion of the Teacher. (d) The daily instructional program at a secondary school shall not exceed three hundred
(300) minutes in length.
(e) Dual Credit Courses
A secondary school’s Average Daily Enrolment in Dual Credit courses shall be included in the calculation of the number of secondary teaching positions required in the Board pursuant to this collective agreement and/or any class-size regulation.
11.03 Organizational Unit/Lead Teachers
(a) Secondary School organization shall consist of a clustering of subjects into organizational units. Board Administration shall decide the number of units and clustering of subjects in all units in consultation with the Association.
(b) The Lead Teacher is a term position of one year. The intent is to allow for the
flexibility to react to changing circumstances. The intent is to allow for a reasonable apportionment of available funds for each position.
(c) Each organizational unit shall have access to two (2) days of release per semester.
The Principal shall allocate these release days in consultation with the Lead Teacher of the organizational unit.
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11.04 Teacher in Charge
(a) The parties recognize that from time to time school administrators (Principal/Vice-Principal) may be absent temporarily from their duties. To accommodate these situations, a teacher(s) may be designated as a "Teacher In Charge" at a school. It is understood that this clause does not necessarily mean that the Teacher in Charge has been assigned these duties on every occasion that the Principal or Vice-Principal is away from the school, but only on those occasions where the duties have been specifically assigned. All teachers will be eligible to apply yearly for this position.
(b) No teacher shall be assigned without his/her consent.
(c) A Teacher in Charge will remain a member of the bargaining unit for the duration of
the duties assigned and will retain all rights and privileges accorded under the terms of the Collective Agreement.
(d) “Teacher in Charge” shall be compensated at the daily rate of $40.00 for each full
day, where the Teacher has been specifically assigned these duties. Where the Principal specifically assigns these duties for a partial day, this payment shall be pro-rated.
(e) The Teacher in Charge shall not participate in the evaluation or disciplining of
teachers, including occasional teachers, or any other Board employee in the school.
(f) The Teacher in Charge shall be provided with the emergency contact numbers of the Principal, Vice-Principal and superintendent. The administrators shall be available through this contact number while there is no administrator in the school.
(g) The services of a Teacher in Charge may only be called upon when the school
administrator(s) (Principal/Vice-Principal(s)) are absent from the school.
(h) The Teacher in Charge will be given the same release time as is available for the Principal in question.
(i) The Teacher in Charge must be informed immediately when there are no
administrators in the school.
(j) Teachers in Charge shall receive at least one-half (1/2) day of in-service on a school day no later than September 30th.
11.05 Personnel Files
(a) A Teacher shall have access during normal business hours, but after school is dismissed or when school is not in session not including professional activity days to his/her personnel files at the Board Office upon written request to the Director or designate. A Teacher shall also have access to his/her in school performance appraisal file.
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The Teacher may have a copy of the material contained in these files.
(b) The Director or designate shall be present when a Teacher reviews personnel files located at the Board Office. The Teacher may be accompanied by an individual of the Teacher's choice.
(c) Any disagreement regarding the accuracy of the information contained in the file
may be subject to the grievance procedure.
(d) At the written request of a Teacher, copies from that Teacher’s personnel file shall be sent in a sealed envelope to such Teacher, who will sign for it.
11.06 Administration of Medication to Students
A Teacher shall not undertake any medical/physical procedures for pupils on a regular or time- tabled basis, except those procedures dealing with the administration of medication as outlined in Board Policy. However, Teachers may, in the instance of medical emergencies, perform such procedures as are necessary for the safety and well being of the student.
11.07 Lunch Break
Each Teacher shall have the right to (forty) 40 consecutive minutes of free and uncommitted lunch break time. Normally, lunch is during the same time as students. In cases when it is not during the same time, it is understood this period shall not be counted as preparation and planning time.
11.08 Travel Time
A teacher who is assigned duties at two (2) or more locations on the same day shall be provided with adequate travel time between the locations. Travel time shall be exclusive of lunch, preparation time and supervision assignments.
Item 12.00 TRANSFERS 12.01 Board-Initiated Transfers (Surplus)
(a) Any Board-initiated transfer for the following school year which is due to a surplus
of Teachers due to declining enrolment or reduced funding that directly affects staffing, shall be declared by May 31st and shall be in order of least seniority within any school where such a surplus occurs (according to an established list of seniority) and shall be in the following order:
(i) Voluntary Transfers; (ii) Leave of Absence; (iii) Move to a position occupied by a Teacher with the least Board seniority in
that community as defined below. (iv) Move to an opening in the system or move to the position occupied by the
Teacher with the least Board seniority in the system. Notwithstanding the above, all of the above considerations shall be subject to
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qualifications required under the Education Act and regulations. (b) Where a Teacher is, or Teachers are, surplus to a school during the school year, the
Board may transfer the Teacher or Teachers with the least seniority within any school where such a surplus occurs (according to an established list of seniority).
The Board will make reasonable efforts to execute such transfers in a manner that
will allow such transferred Teachers to transfer within their community. For the purposes of this clause community is defined as: Massey-Espanola; Elliot Lake-Blind River; the former Board area of Michipicoten; the former Board area of Chapleau; the former Board area of Sault Ste. Marie.
Where, at some later date, an opening exists in a transferred Teacher’s former school,
municipality or community, the Board will, subject to pupil and programming needs, allow that Teacher the opportunity to return.
12.02 Board-Initiated Transfers
Notwithstanding the above, the Board may initiate the transfer of a Teacher at any time during the school year. In such cases the transfer will take place within the same community (as defined in article 12.01), except that the Board also has the discretion to transfer Teachers between the elementary and secondary panels within the city of Sault Ste. Marie. The right of Board-initiated transfer is not fettered by the concept of seniority or by any clauses of this agreement that relate to seniority. The Board shall notify the Association of all Board-initiated transfers.
12.03 Teacher-Initiated Transfer
(a) Each Teacher who wishes to transfer to another school for the next school year shall
(i) Inform the Director or designate in writing by April 1st of any calendar year in question in which a transfer is sought that such Teacher wishes a transfer;
(ii) Indicate to what school(s), grade(s) or area the Teacher wishes a transfer.
(b) Upon receipt of such a request for transfer, the Director or designate shall endeavour
to comply with the Teacher’s request subject to pupil and program needs and the personnel complement in the affected school and the system as a whole.
(c) Subject to pupil and programming needs, in the event of two (2) or more Teachers
eligible for such transfer, the priority for such a transfer shall be in accordance with the seniority of the applicant.
(d) The Director or designate shall inform all Teachers requesting a transfer of his or her
decision by June 15th next ensuing after the receipt of the written request for such a transfer.
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(e) If a Teacher’s request for a transfer is not granted, the Teacher shall have the option of remaining in his or her current placement, subject to the provisions of this Collective Agreement.
12.04 Vacancies/Posting
(a) Vacancies are defined as those teaching positions within the bargaining unit which may become available due to attrition, growth, transfer or newly created positions.
(b) The Board shall post a list of vacancies in a timely manner.
(c) For vacancies effective September of the following school year:
(i) For vacancies that are posted prior to May 1st, the Board shall first fill positions from the recall list in accordance with article 15.03 and then according to the transfer processes defined in articles 12.01, 12.02 and 12.03.
(ii) In the event of unfilled vacancies or vacancies that arise after May 1st (subject
to article 15.03), the Board shall hire to fill the vacancy. For vacancies that are filled after April 30th and before September 1st, the Board will post said vacancies for the following school year by May 1st.
(d) For vacancies that must be filled during the current school year; the Board shall first
fill positions from the recall list in accordance with article 15.03. In the event that there are no Teachers on the recall list, the Board may hire to fill the vacancy for the remainder of the school year and then post said vacancies for the following school year by May 1st.
Item 13.00 SHARED POSITIONS 13.01 Application
(a) Only full-time Teachers may apply for shared positions.
(b) Two qualified Teachers wishing to share one position, on a half-time basis under this Article, shall both make a written request to the Board which shall include the grade level for sharing by April 1st of the year in which the position sharing would commence.
(c) The Board may approve the request for position sharing. The Board shall notify the
Teachers of its decision no later than the first Board meeting in June. Such position sharing arrangements shall be for a one year period but may be renewed upon request and approval by the Board. However, if in the opinion of the Board, complications arise during the year that are not conducive to the teaching-learning situation in the classroom, the Board may, at any time during the position sharing arrangement, terminate the arrangement and re-assign one or both Teachers.
(d) The principal of the school in which the sharing is to occur shall be consulted by the
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supervisory officer prior to the Board reaching a decision. (e) While participating in position sharing under this clause, a Teacher shall retain
his/her full-time contract status.
(f) If Board approval is granted the Teachers and the Board shall sign a Letter of Agreement covering the Position Sharing Agreement.
13.02 Responsibilities
(a) Teachers sharing a position shall attend all staff meetings, School Council meetings P.T.A. meetings, professional development days, curriculum meetings and all other scheduled school or school Board meetings or events as would be expected of a full-time staff member without additional compensation or benefits. These meetings and events may occur during times when the Teachers are not scheduled to be in class.
(b) Teachers sharing a position shall share, equitably, all responsibilities, duties, and
facilities as would a full-time staff member. Where a dispute arises between two Teachers sharing a position, the school principal shall resolve the dispute subject to the supervisory officers' approval. Such decisions are not subject to the grievance procedure (Item 7.00 Grievance Procedures).
13.03 Payment, Benefits and Experience
(a) Payment shall be based on teaching qualifications and experience and shall be pro-rated in accordance with time worked.
(b) The Board shall pay the premiums for benefits, in accordance with the Collective
Agreement, which, in the case of non salary-related benefits, shall be pro-rated in accordance with time worked. For non salary-related benefits (e.g. Extended Health Care and Dental) the Teacher(s) shall have the option of either not participating in these benefits, or paying the difference in cost by payroll deduction in order to retain full benefit coverage.
(c) Cumulative Sick Leave credits, shall be pro-rated in accordance with time worked.
(d) It shall be the responsibility of a Teacher in a shared position who desires to
purchase a full year's credit in the Teachers' Pension Plan to complete and forward any required forms or documents to the Teachers' Pension Plan Board.
The Board shall confirm, in writing, to the Commission their approval of the Teacher's participation in position sharing.
(e) Experience shall be accumulated on a pro-rated basis in accordance with time
worked.
(f) Seniority shall be accumulated on a full year basis for each year of position sharing by each participant.
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13.04 Renewal
Teachers wishing to continue position sharing for the next school year shall request in writing to the Board a renewal of the arrangement by April 1st of the present school year.
13.05 Termination
At the termination of position sharing Teachers shall be assigned a position subject to Item 15.00 Redundancy, but no assurance shall be given them regarding grade or school.
13.06 LETTER OF AGREEMENT REGARDING SHARED POSITIONS
I, ___________________________________________________________
and I, _______________________________________________________ request permission to share a position on a half-time basis, as outlined in Item 13.00 Shared Positions of the Collective Agreement, commencing the September ______ 20 _______ and terminating August ________________ 20 ___________
Grade level shared: _________________________________________
School _______________________________________________________
Principal ____________________________________________________
Item 14.00 SPECIAL CONDITIONS FOR SCHOOL CLOSURE 14.01 (a) Whenever some schools are closed for any reasons deemed necessary by the Director
or designate, Teachers shall be required to report for duty. If, at the discretion of the Director, the pupils of some schools are dismissed, the Teachers may also be dismissed at the discretion of the Principal without loss of pay, or sick leave benefits.
(b) When all or some of the schools are closed for any reason deemed necessary by the
Director or designate, and this announcement is made during the regular teaching hours, Teachers shall not be required to remain at school after all the students have been dismissed and have left the school property.
(c) When all or some of the schools are closed for any reason deemed necessary by the
Director, and this announcement is made prior to the beginning of classes, Teachers shall not be required to report for duty. Teachers' salaries shall not be affected and no sick leave benefits shall be deducted, except for those members of staff who were absent both on the day prior to the closing of the schools, and on the day immediately following the resumption of regular classes.
Item 15.00 SENIORITY/REDUNDANCY
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15.01 Method of Determination of Seniority
Seniority shall be the length of continuous service with this Board or the predecessor Boards since most recent date of hire.
(a) Where reduction of teaching staff is necessary because of redundancy, reductions
shall be made on the following basis and in the following order
(i) normal attrition; (ii) probationary Teachers;
(iii) permanent Teachers in the following order: 1 continuous service with this Board or predecessor Boards since most
recent date of hire; 2 teaching experience with this Board or predecessor Boards; 3 other teaching experience in Ontario recognized by this Board; 4 any other teaching experience recognized by the Board;
5 highest qualifications in accordance with Q.E.C.O. as defined in this agreement and in effect during the currency of this agreement;
6 lot. (b) Where two or more Teachers have the same seniority under 15.01(a), the order of the
lists shall be decided upon the basis of lot conducted jointly by the Board and the Association at the Board office. The draw by lot will occur only in the event a declaration of redundancy affects two or more Teachers who otherwise have equality of seniority.
(c) Any Teacher who is declared redundant in accordance with Item 15.01 above shall
receive from the Board a letter mailed by May 25th stating that his or her employment with the Board has become redundant because of staff reduction and that such redundancy had nothing to do with the individual’s professional competence as a Teacher.
15.02 Special Programs and Subjects
(a) The Board has the responsibility to ensure that designated special programs, special subjects, be maintained. To do this, the Board reserves the right to assign qualified staff to these positions.
(b) When a Teacher in a special designated program or a specific subject is deemed
redundant the Board shall
(i) Fill the position in question from its existing qualified staff. This not being possible
(ii) Retain the Teacher deemed redundant who possesses the required
qualifications and declare the next most junior Teacher on the seniority list redundant.
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(c) If the next most junior Teacher is unable to qualify himself/herself through a summer
course and is declared redundant, he/she shall have the right to request a leave of absence of up to two (2) years to qualify himself/herself for the position in question. Upon successfully qualifying himself/herself, he/she shall be placed on the seniority list subject to Article 15.01. If, however, his/her seniority does not allow him/her to be placed in a position with the Board, he/she shall be declared redundant. It is understood that this opportunity to gain these qualifications does not extend the recall right or three (3) years stipulated below in Article 15.03(a).
(d) Failing to take or be successful in the options outlined in part (c), the Teacher
referred to in (c) shall be declared redundant effective the date he or she was initially declared redundant.
15.03 Recall
(a) Teachers shall be placed on the recall list for three (3) years from the date that they are declared redundant. If after three years they are not recalled to a permanent position, their names shall be removed from the recall list. It is understood that this three (3) period does not extend the two (2) year period referred to in Article 15.02(c).
(b) When deciding which Teachers to recall, the Board shall recall Teachers in reverse
order of redundancy determination as per 15.01 above, subject to qualifications and ability.
(c) Teachers who are declared redundant may opt out of their recall rights, for any
position, in any of the three (3) years they remain on the recall list without prejudice to their right to be recalled to other positions.
15.04 Seniority List
(a) The Board shall prepare a bargaining unit seniority list as outlined in Article 15.01(a)(iii) as at November 15th in each year. The seniority list is to be distributed to each school and department by December 1st of each year. The Board shall also provide the Association with a copy.
(b) A Teacher will accrue seniority
(i) for the period during which the Teacher uses his or her sick leave credits; and
(ii) if an employee is receiving L.T.D. benefits such employee shall remain on
the seniority list and accrue seniority accordingly. It shall be noted that said employee is on an inactive list.
(c) Principals and vice-principals who return to the bargaining unit after April 1, 1998,
shall be placed as per Regulation 90/98.
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Item 16.00 MEETING WITH OFFICIALS
Upon the written request of a Teacher, any discussions between the administrative officials and the Teacher regarding transfers, job security, and/or appointments, shall be held after the regular teaching day. The Teacher shall have the right to have an association representative present.
Item 17.00 JUST CAUSE
In the case of demotions, and suspensions, written Just Cause shall be given by the administration officials to the Teacher. In the event of specific disciplinary action which warrants an adverse written record of the event to be included in the Teacher's file, a copy of this record, which shall outline Just Cause for the action, shall be given to the Teacher. In the event of transfers if the action of the transfer is a disciplinary action, written Just Cause shall also be given. Where a Teacher is discharged, written Just Cause shall be given by the administrative officials.
Item 18.00 RELEASE TIME
If requested by the Bargaining Unit, the Board shall grant up to 2.0 unit officers leaves of absence from teaching duties to fulfill the responsibilities inherent to the office. It is understood that this release shall be the percentage of teaching time requested. The Bargaining Unit shall notify the Board by June 1st of each year as to the amount of release time required.
(a) Release time shall be granted to the O.E.C.T.A. unit officer(s), or in his/her/their
prolonged absence a designate, without prejudice, loss of position, responsibility, salary, benefits, or seniority.
(b) If the unit officer has a position of responsibility with the Board, he/she shall
temporarily vacate his/her position of responsibility for the term of his/her term.
(c) Salary and premiums for benefits are to be paid by the Board to the unit officer(s) and on behalf of the unit officer(s) with O.E.C.T.A. reimbursing the Board for 100% of the unit officer's salary and premiums for benefits.
(d) Each full year of the unit officer(s)'s term(s) shall be counted as a full year of
experience.
(e) Full sick leave shall be credited during this leave. Any unused sick leave accumulated prior to and during the period of the unit officer(s) leave(s) shall be available on the return to educational duties.
(f) Upon return to regular assignment, the Teacher(s) shall be assigned to an equivalent
position in the same community, as prior to the leave, in a school, unless there is a mutual agreement to the contrary.
Item 19.00 CONTINUING EDUCATION
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19.01 All Continuing Education Teachers as defined in Item 1.00 (ii) and teaching credit courses shall be paid according to the following schedule:
Effective September 1, 2008 - $41.85 per hour inclusive of 4% vacation pay Effective September 1, 2009 - $43.10 per hour inclusive of 4% vacation pay Effective September 1, 2010 - $44.40 per hour inclusive of 4% vacation pay Effective September 1, 2011 - $45.73 per hour inclusive of 4% vacation pay
19.02 Continuing Education Teachers in the Adult Day School program shall be covered by the
following articles:
Item 6.01, 6.02, 6.03, 6.04, 6.05, 6.06, 6.08, 6.09, 6.10 Item 8.01, 8.02, 8.03, 8.04
In addition, effective September 1, 2008, sick leave is provided at the rate of five (5) days per year, which shall accumulate on an annual basis to the maximum defined in 8.05 e).
In addition, statutory holiday pay shall be paid for Thanksgiving, Good Friday, Easter Monday and Victoria Day.
19.03 Notwithstanding any other provision of this Collective Agreement including, without
limiting the generality thereof, the Recognition clause, the only other provision of this agreement applicable to Continuing Education Teachers is the Grievance Procedure as it pertains to an alleged violation, misinterpretation or misapplication of Item 19.01 and 19.02 above.
Item 20.00 GRID Effective September 1, 2008 – August 31, 2009
Category *A 4(A1) 5(A2) 6(A3) 7(A4) 0 $38,240 $40,922 $42,356 $45,073 $50,737 1 $40,752 $43,606 $45,095 $48,158 $53,996 2 $43,264 $46,290 $47,835 $51,243 $57,255 3 $45,776 $48,974 $50,575 $54,327 $60,514 4 $48,288 $51,659 $53,315 $57,412 $63,772
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5 $50,801 $54,343 $56,055 $60,497 $67,031 6 $53,313 $57,027 $58,794 $63,582 $70,290 7 $55,825 $59,711 $61,534 $66,667 $73,549 8 $58,337 $62,395 $64,274 $69,752 $76,808 9 $60,849 $65,080 $67,014 $72,836 $80,067 10 $63,361 $67,764 $69,754 $75,921 $83,326 11 $63,361 $67,764 $72,493 $79,006 $86,585
Effective September 1, 2009 – August 31, 2010
Category *A 4(A1) 5(A2) 6(A3) 7(A4) 0 $39,387 $42,150 $43,626 $46,425 $52,259 1 $41,975 $44,914 $46,448 $49,602 $55,616 2 $44,562 $47,679 $49,270 $52,780 $58,972 3 $47,150 $50,444 $52,092 $55,957 $62,329 4 $49,737 $53,208 $54,914 $59,135 $65,686 5 $52,325 $55,973 $57,736 $62,312 $69,042 6 $54,912 $58,738 $60,558 $65,489 $72,399 7 $57,500 $61,502 $63,380 $68,667 $75,756 8 $60,087 $64,267 $66,202 $71,844 $79,112 9 $62,675 $67,032 $69,024 $75,022 $82,469 10 $65,262 $69,797 $71,846 $78,199 $85,826 11 $65,262 $69,797 $74,668 $81,376 $89,182
Effective September 1, 2010 – August 31, 2011
Category *A 4(A1) 5(A2) 6(A3) 7(A4) 0 $40,569 $43,414 $44,935 $47,818 $53,827 1 $43,234 $46,262 $47,842 $51,090 $57,284 2 $45,899 $49,109 $50,748 $54,363 $60,741 3 $48,564 $51,957 $53,655 $57,636 $64,199 4 $51,229 $54,805 $56,562 $60,909 $67,656 5 $53,894 $57,652 $59,468 $64,181 $71,114 6 $56,560 $60,500 $62,375 $67,454 $74,571 7 $59,225 $63,348 $65,282 $70,727 $78,028 8 $61,890 $66,195 $68,188 $73,999 $81,486
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9 $64,555 $69,043 $71,095 $77,272 $84,943 10 $67,220 $71,891 $74,002 $80,545 $88,401 11 $67,220 $71,891 $76,908 $83,818 $91,858
Effective September 1, 2011 – August 31, 2012
Category *A 4(A1) 5(A2) 6(A3) 7(A4) 0 $41,786 $44,716 $46,283 $49,252 $55,441 1 $44,531 $47,650 $49,277 $52,623 $59,003 2 $47,276 $50,583 $52,271 $55,994 $62,564 3 $50,021 $53,516 $55,265 $59,365 $66,125 4 $52,766 $56,449 $58,259 $62,736 $69,686 5 $55,511 $59,382 $61,252 $66,107 $73,247 6 $58,256 $62,315 $64,246 $69,478 $76,808 7 $61,001 $65,248 $67,240 $72,849 $80,369 8 $63,747 $68,181 $70,234 $76,219 $83,930 9 $66,492 $71,114 $73,228 $79,590 $87,491 10 $69,237 $74,047 $76,222 $82,961 $91,053 11 $69,237 $74,047 $79,216 $86,332 $94,614
*Category A is the Pre-Degree Category established in accordance with the Pay Equity Legislation.
20.04 Bi-weekly Payment of Salary
The Teacher=s salary shall be paid in equal installments over twelve months. Item 21.00 PRINTING OF AGREEMENT 21.01 (a) The cost of the printing of the Collective Agreement in booklet form shall be on a
cost sharing basis (50/50) between the Teachers and the Board.
(b) The Board shall distribute a copy of the Collective Agreement to each Teacher in its employ.
Item 22.00 TERMINATION OF AGREEMENT 22.01 This agreement shall be effective from September 1, 2008 and shall remain in effect until
August 31, 2012.
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Item 23.00 RENEWAL OF AGREEMENT 23.01 (a) Written notice by either party that amendments are required shall be given before
February 1st of the calendar year of the expiration date of this agreement, or any anniversary date of such expiration date.
(b) If notice of amendments or termination is given by either party, the other party
agrees to meet for the purpose of negotiating an agreement within twenty (20) working days of the giving of such notice.
(c) The parties may at any time upon their mutual agreement negotiate revisions to
this agreement. Any such revisions mutually agreed upon shall become effective from such dates as shall be mutually agreed upon by the parties.
Item 24.00 JOINT STAFFNG COMMITTEE 24.01 A Joint Staffing Committee (the “Committee”) shall be established within ninety (90) days
of ratification of this collective agreement. 24.02 The Committee shall be composed of three (3) representatives of the Board and three (3)
representatives appointed by the Association. 24.03 The functions of the Committee shall be:
(a) To review and discuss the existing staffing model and staff allocation; (b) To monitor compliance with respect to Ministry and collective agreement staffing
requirements; (c) To develop a Board wide staffing model; (d) To make recommendations on and monitor the implementation of new programs and
initiatives; (e) To consider and make recommendations on staffing issues arising from the
Provincial Discussion Table Agreement; (f) To develop a school-based staffing consultation process; (g) To consider any other matters the parties may mutually agree would be appropriate.
24.04 The Board shall provide all necessary reports and data related to staffing and workload in a
timely manner. 24.05 Once the Committee is established, it shall be convened not later than October 15th in each
school year. Thereafter the Committee shall meet five (5) times annually, unless otherwise agreed to by the parties.
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24.06 In the event that the Committee is unable to agree on a matter within its mandate, or reach a decision on a timely basis, the provisions of the collective agreement otherwise apply.
Item 25.00 TEACHER PERFORMANCE APPRAISAL AND NEW TEACHER
INDUCTION 25.01 Performance Appraisal for Teachers (Experienced Teachers and New Teachers) and New
Teacher Induction, as defined by the legislation, shall be conducted in accordance with the Education Act, Regulations, and the Ministry of Education’s Technical Requirements Manual documents Performance Appraisal of Experienced Teachers, 2007, Manual for Performance Appraisal of New Teachers, 2006, and Induction Elements Manual, 2006. There shall be no additional domains, competencies and look-fors.
25.02 No member of the bargaining unit shall participate in the evaluation of another member. 25.03 Voluntary activities, including extra-curricular activities, shall not be considered to be within
the scope of Teacher Performance Appraisal. 25.04 By October 15th of each school year the Board shall disclose to the Association the names, if
any, and locations, of the teachers who are designated to participate in Performance Appraisal. For teachers hired after October 15th, the Board shall notify the Association within two (2) weeks of hire.
25.05 The name of any teacher having received other than a “satisfactory” rating in the
Performance Appraisal shall be forwarded to the President of the Association immediately. 25.06 With regard to the Induction Elements of the New Teacher Induction Program:
(a) The elements of the New Teacher Induction Program shall be embedded in the instructional day.
(b) Subject to legislation, mentoring is a supportive and confidential process between the
mentor and the New Teacher. (c) The choice of a mentor shall be by mutual agreement of the New Teacher and the
mentor. The New Teacher may consult with the Principal. (d) A mentor must be a member of the bargaining unit with five (5) or more years of
teaching experience where possible. (e) The New Teacher may confidentially request a new mentor and the mentor may
confidentially request to no longer act in the role of a mentor for a New Teacher at any time in the process.
(f) Upon receipt of a Performance Appraisal rating other than a “satisfactory”,
mentoring shall be terminated. 25.07 The Board and the Association agree to keep all matters related to Performance Appraisal as
confidential except as required by law.
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25.08 It is understood that a teacher’s Annual Learning Plan (ALP) is an individual professional
growth document. Consultation and collaboration related to the ALP shall take place in the method as defined by the Ministry of Education.
Item 26.00 JOINT PROFESSIONAL DEVELOPMENT COMMITTEE 26.01 The Board and the Association are committed to the continuous development of a Catholic
Professional Learning Community in each of the schools of the Board and system-wide, and, to that end are committed to fostering an atmosphere within each of the schools and system-wide that promotes a focus on learning, collegiality, respect for professionalism, continuous learning, collective inquiry into best practices, innovation and experimentation, all in order to improve teaching and student learning.
26.02 The Board and the Association agree that professional learning is job-embedded, and
informed by research, done in partnership with colleagues and is to be informed by the Teachers’ Annual Learning Plans. Therefore:
(a) A Joint Professional Development Committee (the “PD Committee”) shall be
established within ninety (90) days of ratification of this collective agreement. (b) The PD Committee shall consist of three (3) representatives of the Board and three (3)
representatives appointed by the Association.
(c) The PD Committee will address ways in which funds generated by the allocation in the Grants for Student Needs to enhance professional learning opportunities for teachers will be used.
(d) Promote best practices in the implementation of professional learning, which shall be
embedded in the instructional day.
(e) The PD Committee will oversee that professional activities for teachers during Professional Activity Days are consistent with the learning goals identified in the Teachers’ Annual Learning Plans.
(f) The PD Committee will provide advice and assistance to Board staff who are assigned
responsibility for providing professional development to teachers and planning for such activities.
26.03 The parties shall meet at least four (4) times per year. Once the PD Committee has been
established, the first meeting shall take place prior to September 15th. Item 27.00 SIGNATURES Signed this ____ day of __________________, 2008. Teachers' Negotiating Committee: Huron - Superior Catholic District
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School Board=s Negotiating Committee: _________________________________ ________________________________ _________________________________ ________________________________ _________________________________ ________________________________ _________________________________ ________________________________ _________________________________ ________________________________
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MEMORANDUM
The following clauses shall not be part of the Collective Agreement and are not arbitrable and shall survive the signing of the Collective Agreement.
1. Provided the issue of Retirement Gratuity is not the subject of collective bargaining for a
school year, the Board agrees not to change its policy with respect to Retirement Gratuity for that school year without having given notice to bargain.
2. The Board shall provide an aide, when reasonably necessary, to assist in the procedures
mentioned in item #1V of the Ministry Policy Memorandum No. 81 "Provision of Health Support Services in School Setting."
Addendum # 1
LETTER OF UNDERSTANDING BETWEEN: THE HURON-SUPERIOR CATHOLIC DISTRICT SCHOOL BOARD - and - ONTARIO ENGLISH CATHOLIC TEACHERS= ASSOCIATION This letter does not form part of the collective agreement and is not grievable and not arbitrable: The Huron-Superior Catholic District School Board and the Ontario English Catholic Teachers= Association, with a view to promoting harmonious relations, agree as follows: A full-time Teacher who wishes to change to part-time status, or a part-time Teacher who wishes to change to full-time status, shall inform the Board of his or her desires by April 1st of any school year. The Board shall endeavour to assist such changes in status by advertising the possible availability of such positions, where possible, within the system when they become known.
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Addendum # 2 LETTER OF UNDERSTANDING BETWEEN: THE HURON-SUPERIOR CATHOLIC DISTRICT SCHOOL BOARD - and - ONTARIO ENGLISH CATHOLIC TEACHERS= ASSOCIATION Re: Ontario Health Insurance Plan This will confirm the agreement reached by the parties during negotiations for the renewal of the 1990-92 Collective Agreement. The Board agrees to reinstate the procedures of paying one hundred (100%) percent of the Ontario Health Insurance Plan premiums should the Ontario Government change the method of providing OHIP coverage from being provided by the employer through the Employer Health Tax to being paid by the employee. The OHIP will be reinstated in accordance with Item 6.01 of the 1988-90 Collective Agreement.
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Addendum # 3
LETTER OF UNDERSTANDING
BETWEEN:
THE HURON-SUPERIOR CATHOLIC DISTRICT SCHOOL BOARD
- and -
ONTARIO CATHOLIC TEACHERS= ASSOCIATION
RE: RETIREMENT GRATUITY AND EARLY RETIREMENT INCENTIVE PLANS This letter does not form part of the Collective Agreement and is not grievable and not arbitrable.
The Huron-Superior Catholic District School Board shall respect the retirement gratuity plans and early retirement incentive plans of the four predecessor Boards (Sault Ste. Marie R.C. Separate School Board, Chapleau District R.C. Separate School Board, North Shore District R.C. Separate Board, Michipicoten District R. C. Separate School Board) that were in existence at the time of amalgamation and creation of the Huron-Superior Catholic District School Board, January 1, 1998. Payment, upon retirement, under such plans will continue to be made only to those Teachers who were eligible for payment under those plans as of September 9, 1998.
For greater clarity, no Teachers or any other employees covered by the Collective Agreement hired after September 9, 1998 will be eligible for retirement gratuity payments or early retirement incentive payments of any kind.
Teachers hired on or before September 9, 1998 are eligible for payment only in accordance with the terms and conditions and spirit of their respective plans or former Board policies.
This Letter of Agreement shall be interpreted to mean that employees of the former Boards who worked prior to September 10, 1998 are not necessarily entitled to an early retirement incentive or retirement gratuity of any kind and that the Board will execute the terms and conditions of those plans as they have been executed prior to amalgamation.
All date of hire or year of hire restrictions and limitations, or any other restrictions and limitations, with respect to each and all of these plans will be strictly adhered to by the Board.
Outlines of respective plans are found in Appendix # 2.
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Addendum # 4
LETTER OF UNDERSTANDING
BETWEEN:
THE HURON-SUPERIOR CATHOLIC DISTRICT SCHOOL BOARD
- and -
ONTARIO CATHOLIC TEACHERS= ASSOCIATION
Re: EARLY RETIREMENT INCENTIVE PLAN OF FORMER SAULT STE. MARIE DISTRICT ROMAN CATHOLIC SEPARATE SCHOOL BOARD
This letter does not form part of the Collective Agreement and is not grievable and not arbitrable.
The Huron-Superior Catholic District School Board and the Ontario English Catholic Teacher=s Association agree to the following amendments:
Criteria for Eligibility
In order to be eligible for the ERIP, the Teacher shall: i) Be eligible for an unreduced pension from the Teachers’ Pension Plan Board or be
50 years of age or older at the official retirement date; and
ii) have ten years of continuous service with the Board, including leaves of absence; and
iii) be at a maximum salary level in the respective category placement; and
iv) not use the plan to avoid being declared redundant.
The ERIP shall be operated as follows:
a) For participation in the ERIP, the teacher’s application must be received by the Director of Education by April 1st for separation by December 31st or by October 1st for separation by March 31st.
b) By May 1st/November 1st, the Board shall inform each applicant regarding the status
of his/ her application and the amount of the incentive he/she would receive under the ERIP as of that date. This amount might vary if successful applicants withdraw from the plan before May 15th or November 25th. In such instances, the Board shall revise the amount of each incentive and inform each applicant, as practicable.
c) By May 15th/November 25th, the Teacher must submit a letter to the Board stating
his/her intent to participate in the ERIP. If the intent is to participate in the ERIP, the Teacher must submit a letter of resignation at this time.
It is agreed that all other language of the former Sault Ste. Marie District Roman Catholic Separate School Board ERIP is unchanged.
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Appendix # 1 SERVICE GRATUITY 2. Michipicoten
SICK LEAVE CREDIT GRATUITY
(a) It is agreed that upon retirement a teacher will be entitled to a sick leave credit gratuity based upon the following formula:
CSL (Max. 200) x 2 x Annual Salary 200
(b) The gratuity shall be paid within one year of the retirement of a teacher, or to his/her
estate upon death of a teacher after retirement.
(c) At the discretion of the teacher, or his/her legal representative, beneficiary or estate, the method of payment shall be one of the following:
(i) a bulk sum payment (ii) two equal payments (iii) monthly payments
(d) This gratuity shall be contingent upon five (5) years of continuous service with the
Michipicoten District R.C.S.S. Board, and retirement due to the following conditions:
(i) Permanent disability as defined by the Teacher Pension Plan. (ii) Eligibility for receiving a service pension as outlined in the Teacher
Pension Plan. (iii) Has attained retirement age as stipulated in Provincial or Federal
legislation. 2. Chapleau
a) Any teacher hired prior to September 1, 1986, who has served a minimum of eight (8) years with the Board, and retires due to any of the following conditions shall be entitled to a retirement gratuity.
Conditions: 1. Death 2. A permanent disability defined by the Superannuation Act. 3. Eligibility to receive a pension. 4. Retired from the teaching profession.
Age 65 is recognized as the retirement age by the Board, however, the Board shall recognize retirement on account of superannuation before age 65, providing the teacher has been employed by the Board for a period of eight (8) years.
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A teacher who has attained the age of 65 years on or before August 31 of any year, shall retire on June 30 of that year. Teachers who reach 65 years of age on or after September 1 of any year, shall retire on June 30 of the following year.
Retirement gratuity shall be calculated as follows:
N/200 x S/2 N: is the number of unused accumulated sick leave credit days of time of
separation from the Board as a teacher or academic official S: is the salary at time of retirement.
In no case shall the gratuity exceed the maximum of $25,000.00.
(b) The gratuity shall be paid during the fiscal year following the retirement of the
employee, or after an agreement is reached between the employee and the Board.
(c) If an employee dies prior to or after retirement, thus having benefited fully from the gratuity plan to which he or she is entitled, the unpaid balance of his/her gratuity plan will be paid to his/her estate.
(d) Employees hired with an effective employment date of September 1986 or later
will not participate in the retirement gratuity plan. 3. North Shore
Retirement/Service Gratuity
ARTICLE X RETIREMENT GRATUITY PLAN
a) Plan Continued Pursuant to the applicable provisions of the Education Act, R.S.O. 1990, c.e. 2, as amended to date and as amended and in force throughout the currency of this agreement, the Board’s obligation for the payment of a retirement gratuity as set out in the agreement between the parties herein for the period 1986 - 1989 and pursuant to an amendment to the said agreement between the parties which amendment is dated December 13, 1988 and pursuant also to the personal obligations incurred by the Board in favour of any Teacher, which such obligation is evidenced by a guaranty of payment to a member of the retirement gratuity plan in a form found as Appendix “A” (page 51) and annexed and forming a part of the aforesaid amendment bearing date of December 13, 1998, the Board shall pay to any such eligible Teacher to whom it has incurred such an obligation, a retirement gratuity as defined by the aforesaid amendment to the 1986 - 1989 agreement of December 13, 1988.
b) Calculation - Appendix “A”
Calculation, eligibility and definition of the retirement gratuity, where such is payable, shall be in accordance with the terms of Appendix “A” attached to this agreement (page 51) and forming a part thereof.
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4. RETIRING ALLOWANCE PLAN
Definitions
In this article except where otherwise provided:
(a) “Current Teachers” shall be defined as all Teachers in the continued service of the Board prior to September 1, 1987, and also in the service of the Board as at September 1, 1987, and who are not members of the retirement gratuity plan, or who have elected not to be members of the retirement gratuity plan.
(b) “Gross Annualized Salary” shall be determined by Board payroll records for each
Teacher. In the event of a Teacher being assigned a new salary category or assigned a new teaching time allotment in any given year, or being defined as a part-time teacher as the latter is defined in Article 1 of this agreement, such Teacher’s gross annualized salary shall be re-adjusted in any given year for the purposed of calculating the retiring allowance entitlement set out hereinafter. The re-adjustment shall reflect the increase or decrease, as the case may be, of the gross annualized salary for the entire given year in question, beginning with September 1 of the year so affected. For the purposes of this Article, the expression “Gross Annualized Salary” shall refer to a Teacher’s Adjusted Annual Salary for any contract year of this agreement, as found in Article V herein.
(c) “New Teachers” shall be defined as all Teachers hired to commence duties with the
Board on or after September 1, 1987.
(d) “Retirement” or “Retired” as the case may be and as such may be used in this article, when used in connection with the Retiring Allowance, shall mean cessation from the Board by a Teacher, for any reason whatsoever, including death and dismissal for just cause as the latter is found elsewhere in this agreement.
(e) “Retirement Gratuity Plan” shall be defined as the Retirement Gratuity Plan as found
and defined in Appendix “A” attached hereto.
(f) “Retiring Allowance” shall be defined in accordance with Section 248(1) of the Income Tax Act (Canada) S.C. 1070-71-72, c.63, as further amended to the date of this agreement and as amended and in force during the currency of this agreement.
(g) “Teachers” shall mean, as it is used in this article, Teachers employed by the Board
during the currency of this agreement and statutory Teachers as defined by the Ontario English Catholic Teachers’ Association (OECTA).
(h) “Year of Service” or “Years of Service” as the case may be and as they may be used
in this agreement, for the purposes of this article and the retiring allowance and payment eligibility thereunder, shall be defined as a complete teaching year of service running from September of one year to June of the next ensuing calendar year. Any year less than a complete teaching year of service, or fractional year, shall be accumulated with such other fractional years, as the case may be, in order to accumulate one complete teaching year of service for payment eligibility hereunder.
Further, any teacher who has previously retired from his or her employment and is subsequently engaged by the board for employment as a Teacher then, for the purposes of interpretation of clauses 5, 6 and 7 hereinafter, such Teacher’s years of service shall be calculated to commence with the effective date of such Teacher’s subsequent engagement for employment.
5. CALCULATION OF CURRENT TEACHERS’ RETIRING ALLOWANCE
Subject to the provisions of clause 7 hereinafter stipulated, any current Teacher who has retired from his or her employment with the Board is entitled to a retiring allowance equal to the aggregate of:
(a) Ten percent (10%) of such current Teacher’s gross annualized salary for the first
year of service with the Board by such current Teacher and;
(b) Three percent (3%) of the sum of such current Teacher’s gross annualized salary for every year of service with the Board by such current Teacher, after the first year of service, to a maximum of nine (9) years, or to the year ending immediately prior to September 1, 1987, whichever occurs first, and;
(c) Three point three five percent (3.35%) of the sum of such current Teacher’s gross
annualized salary while in the employ of the Board, for every year of service commencing with the period September 1, 1987, of such employment, until retirement.
6. CALCULATION OF NEW TEACHERS’ RETIRING ALLOWANCE
Subject to the provisions of clause 7 hereinafter stipulated, any new Teacher who has retired from his or her employment with the Board, is entitled to a retiring allowance equal to three point three five percent (3.35%) of such new Teacher’s gross annualized salary while in the employ of the Board for every year of service until retirement.
7. RETIRING ALLOWANCE PAYABLE
(a)Entitlement Payable on Retirement
The Board’s obligation to pay a retiring allowance to a new Teacher or current Teacher shall only arise on such Teacher’s retirement. The amount of a current Teacher’s or a new Teacher’s entitlement to a retiring allowance as determined under clauses 5 and 6 herein, shall be determined as follows:
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Complete Years of Service to Retirement
Percent of Retirement
Allowance Payable on Retirement
Complete Years of Service to Retirement
Percent of Retiring Allowance Payable
on Retirement
0 - 9
0%
13
70%
10
40%
14
80%
11
50%
15
90%
12
60%
16 or more years
100%
(b) Payment on Retirement Only
Any payment of a retiring allowance to a new teacher or current teacher may only be made upon the retirement or such new teacher or current teacher. Any such payment of a retiring allowance shall be made on January 1 of the next ensuing calendar year after the retirement of such new teacher or current teacher from employment with the Board or at the option of the new or current teacher and with the consent of the Board, ninety (90) days following such retirement. In any event, failing the receipt of the written advice of the teacher as to the manner and to whom such retiring allowance shall be paid, the Board shall, on the ninety-first (91st) calendar day following such retirement, pay directly to the teacher the entire sum of such teacher’s retiring allowance forthwith. In the event such ninety-first (91st) day does not fall on a banking day, then such full amount shall be paid on the first banking day immediately following the ninety-first (91st) day following the teacher’s retirement.
(c) Payment on Death
In the event of the death of a new teacher or of a current teacher, all such payments shall be made to the estate of such new teacher or current teacher and a duly executed receipt acknowledging payment of such sums made out by the executor, administrator or otherwise duly constituted personal representative of the estate of such new teacher or current teacher shall be effective to discharge the responsibilities and liabilities of the Board in that regard.
8. CALCULATION OF YEARS OF SERVICE
In calculating any new teacher’s or current teacher’s years of service with the Board for the purposes of calculating such new teacher’s or current teacher’s eligibility for retiring allowance, the following shall not be counted as years of service:
(a) Parental Leave: Any period of extended parental leave (such leave does not include
the seventeen (17) weeks pregnancy leave);
(b) Leave of Absence: Any years of leaves of absence;
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(c) Long-Term Disability: Any years during which a teacher has been in receipt of long-term disability benefits;
(d) What May be Included in Calculation:
Except that in the sole discretion of the teacher, the calculation of years of service for entitlement to payment of a retiring allowance shall continue uninterrupted, notwithstanding the above, on the election of the new teacher or current teacher, given in writing to the Board six (6) months prior to any such extended maternity leave or leave of absence, as follows:
1. The year of service with respect to any extended parental leave or leave of absence,
otherwise not counted but for an election, as above, is included in the years of service for purposes of clause 7, Appendix A 9; North Shore hereinbefore, but is established as having no salary in that year with respect to the calculations set out in clauses 5 or 6, Appendix A 9; North Shore.
2. In calculating years of service of any new teacher or current teacher, sabbaticals or
participation in the deferred salary leave plan shall be included in years of service for purposes of entitlement to payment of a retiring allowance as set out in clause 7 Appendix A 9; North Shore herein and the gross annualized salary, for purposes of the retiring allowance, calculated in the same manner as a new teacher’s or current teacher’s entitlement to benefits during participation in sabbatical leaves or in the deferred salary leave plan as defined in this agreement, including the “payback” provisions in connection with sabbatical leaves.
(e) Limitations: Prior to the retirement of a teacher, no teacher shall have any claim as
against the Board until such retirement for any payment of a retiring allowance as detailed in this Article.
(f) No Continuing Employment Guaranty:
This agreement does not provide any insurance to the teachers of continuing employment with the Board.
(g) Agreement Subject to Income Tax Act (Canada):
It is agreed and acknowledged by the parties hereto that this agreement is subject to any obligations imposed upon either party as a result of any amendments brought to the Income Tax Act (Canada), S.C. 1970-71-72 c. 63 as amended to date and as amended and in force during the currency of this agreement.
9. LETTER OF INTENT
It is hereby agreed and understood by the parties hereto that the letter of intent as such is set out as Appendix A and attached hereto forms a part of this agreement.
APPENDIX A RE: RETIREMENT GRATUITY Pursuant to the provisions of the Official Agreement between the North Shore District
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Roman Catholic Separate School Board and the teachers employed by the Board dated _______________________ , 20 ____ , and more particularly of Article 10 thereof the calculation, eligibility and definition of the Retirement Gratuity, whenever and to whomever such is payable shall be in accordance with the terms hereinafter outlined:
1. Entitlement
Pursuant to the provisions of the Education Act, R.S.O. 1990, c.e. 2 as amended to date and in force throughout the currency of this agreement and pursuant to the contracts of guaranty executed by the Board and its predecessors to individual teachers as such contracts of guaranty are recorded with the Board, a teacher shall be eligible, upon retirement from the teaching profession, for the payment of a retirement gratuity after ten (10) years of continuous service with the Board and in the event such teacher is a current teacher as defined by Clause 4 of the aforesaid agreement, the said current teacher has not elected to participate in the retiring allowance plan provided for in the said Clause 4.
2. Entitlement to and Calculation of Retirement Gratuity
In accordance with the provisions of this agreement and more particularly the provisions of this appendix, a teacher who is otherwise entitled to a retirement gratuity shall be eligible for same upon having achieved ten (10) years of service with the Board. Upon being entitled for a retirement gratuity, the calculation of such retirement gratuity shall be as follows: ten percent (10%) of cumulative sick leave credits times one two hundredth (1/200th) of a teacher’s annual salary at the date of such teacher’s retirement from teaching and shall be in accordance with the following table:
11 years service: 12% x cumulative sick leave x 1/200th of annual salary. 12 years service: 14% x cumulative sick leave x 1/200th of annual salary. 13 years service: 16% x cumulative sick leave x 1/200th of annual salary. 14 years service: 18% x cumulative sick leave x 1/200th of annual salary. 15 years service: 20% x cumulative sick leave x 1/200th of annual salary. 16 years service: 22% x cumulative sick leave x 1/200th of annual salary. 17 years service: 24% x cumulative sick leave x 1/200th of annual salary. 18 years service: 26% x cumulative sick leave x 1/200th of annual salary. 19 years service: 28% x cumulative sick leave x 1/200th of annual salary. 20 years service: 30% x cumulative sick leave x 1/200th of annual salary. 21 years service: 32% x cumulative sick leave x 1/200th of annual salary. 22 years service: 34% x cumulative sick leave x 1/200th of annual salary. 23 years service: 36% x cumulative sick leave x 1/200th of annual salary. 24 years service: 38% x cumulative sick leave x 1/200th of annual salary. 25 years service: 40% x cumulative sick leave x 1/200th of annual salary. 26 years service: 42% x cumulative sick leave x 1/200th of annual salary. 27 years service: 44% x cumulative sick leave x 1/200th of annual salary. 28 years service: 46% x cumulative sick leave x 1/200th of annual salary. 29 years service: 48% x cumulative sick leave x 1/200th of annual salary. 30 years service: 50% x cumulative sick leave x 1/200th of annual salary.
It is understood that in addition to a ten (10) year continuous service requirement, a teacher must have sick leave credits standing to his or her credit as at the date of
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retirement in order to be eligible for the payment of the gratuity. In the event there are no sick leave credits standing to the benefit of the teacher on the date of his or her retirement, no gratuity shall be paid to such teacher, regardless of such teacher having otherwise satisfied the years of service requirement therefore.
3. For the purposes of this section, sick leave credits shall be accumulated to a maximum of
two hundred (200) days.
4. All benefits provided pursuant to Article X of the aforesaid agreement shall be paid in full on the date of retirement of the teacher or, at the option of such teacher and on notice in writing to the Board, on January 1 of the ensuing year.
5. Each teacher shall advise the Board in writing six (6) months prior to the date of
retirement as to the timelines of the payment he or she desires.
6. In the event of the death of a teacher prior to his or her retirement, the sick leave gratuity accumulated by that teacher will be paid to the estate of the said teacher.
10. Sault Ste. Marie
EARLY RETIREMENT INCENTIVE PLAN
(a) The purpose of the early retirement incentive plan (hereinafter called ERIP) is to create a more equal balance between the number of junior and senior teachers by facilitating the hiring of younger teachers. It is understood by both parties that the ERIP is a cost-saving device for the Board and a benefit for the teachers. A condition of ERIP is that it shall not cost the Board any money in each of the years the incentive is paid.
(b) The ERIP hereinafter outlined shall be available to teachers who meet the specified
criteria for eligibility described in 10(c).
(c) Criteria for Eligibility
In order to be eligible for the ERIP, the teacher shall:
(i) Be eligible for an unreduced pension from the Teachers’ Pension Plan Board or be 50 years of age or older at the official retirement date; and
(ii) have ten years of continuous service with the Board, including leaves of absence;
and
(iii) be at a maximum salary level in the respective category placement; and (iv) not use the plan to avoid being declared redundant.
11. Subject to 10(c) above, a teacher shall receive an ERIP payment in accordance with:
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(a) Recall List (Replacement Teachers are hired from Recall List). During a period when there are teacher retirements and the hiring of teachers must come from the Recall List, the amount of money available for ERIP payments shall be the difference in the actual grid salaries at June 30/December 31 between the teachers participating in ERIP and the actual grid salaries of the teachers being hired from the Recall List.
or (b) New Hires (Replacement Teachers do not come from Recall List). During a period when
there are teacher retirements and there are new teachers hired, the amount of money available for ERIP payments shall be the difference in the actual grid salaries paid at June 30/December 31 between the teachers participating in the ERIP and Category A1, Level 2.
or (c) No Hires (There are no Replacement Teachers). During a period when there are teacher
retirements and there are no teachers hired, but there is a Recall List which is not implemented or there is no recall list, the amount of money available for ERIP payments shall be the difference in the actual grid salaries paid at June 30/December 31 between the teacher participating in the ERIP and Category A1, Level 2.
or (d) Combination: Recall and New Hires (Replacement Teachers come from Recall List and
at large). In cases when there are retirements and there are new teachers hired in addition to teachers being hired from the Recall List, the amount of money available for ERIP payments will be calculated by using the difference in the actual grid salaries at June 30/December 31 between the teachers participating in ERIP and the actual grid salaries of the teachers being recalled from the Recall List and the difference between the actual grid salaries of the teachers participating in the ERIP and Category A1, Level 2 for each new teacher hired.
12. Payments to teachers participating in the ERIP shall be determined as follows:
The units accorded to each teacher shall be according to the following chart and the payments shall be according to the formula outlined in Item 13.
Age 50 or 85 factor to age 59 - 4 units Age 60 - 3 units Age 61 - 2 units Age 62 - 64 - 1 unit
The value of one unit shall not exceed five thousand dollars ($5,000.00)
13. The following formula shall be used to determine payment of the ERIP for each participant:
The lesser of:
i) the number of ERIP units Total amount of funds ERIP payment of the specific teacher X available to the ERIP = per specific
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Total ERIP units of as per clause 11 (above) teacher all participating teachers
OR (ii) $5,000.00 per ERIP unit 14. For teachers who teach less than full-time, the incentive, as calculated above, shall be pro-
rated in accordance with the percentage of teaching time in relation to the total teaching time available in the year of application.
15. (a) Payment of the incentive shall be made on the first regular pay period in January in the
calendar year following the date of retirement or as mutually agreed by the teacher and the Board.
(b) Unless otherwise elected by the teacher, payment shall be made in one lump sum. In no
case shall an incentive, where paid in separate installments, be paid in more installments that the number of years the teacher is removed from age 65.
16. The parties may alter the number of installment(s) from what is specified in the Early
Retirement Incentive Plan Agreement provided the teacher gives the Board reasonable notice of such intent. Only one (1) alteration of payments shall be allowed.
17. The ERIP shall be operated as follows:
(a) For participation in the ERIP, the teacher’s application must be received by the Director of Education by April 1st for separation by December 31st or by October 1st for separation by March 31st.
(b) By May 1st/November 1st, the Board shall inform each applicant regarding the status of
his/ her application and the amount of the incentive he/she would receive under the ERIP as of that date. This amount might vary if successful applicants withdraw from the plan before May 15th or November 25th. In such instances, the Board shall revise the amount of each incentive and inform each applicant as practicable.
(c) By May 15th/November 25th, the teacher must submit a letter to the Board stating his/her
intent to participate in the ERIP. If the intent is to participate in the ERIP, the teacher must submit a letter of resignation at this time.
18. The incentive of a teacher who dies during the payment period specified in his/her ERIP
Agreement (21) or amendments made thereto shall be paid to his/her estate. 19. A teacher who accepts an incentive shall do so on the form entitled “Early Retirement
Incentive Plan Agreement.” 20. Subject to continuing eligibility, a teacher who participates in the ERIP may participate in
health and welfare benefits up to age 65, subject to the terms and conditions of the respective carriers of such plans, and provided the teacher reimburses the Board for full premium costs. A teacher shall indicate his/her intent to participate or not to participate in the health and welfare benefits at the time he/she applies for ERIP.
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21. Early Retirement Incentive Plan Agreement
(a) This Agreement made in duplicate the ________ day of _____________ , 20 ____ between the Huron-Superior Catholic District School Board, hereinafter called the “Board”, and _____________________ , hereinafter called the “Teacher.”
(b) This Agreement is made with respect to the following:
(i) The Teacher has elected to enter into early retirement, as provided for by a Letter
of Agreement between the Board and the Local Affiliate of OECTA, the legal bargaining entity for the teachers.
(ii) In respect of this Agreement, the Teacher agrees to retire from employment with
he Board effective ____________________ .
(iii) The Board agrees to pay to the Teacher an early retirement incentive of $ _______ as a consequence of duration of service and performance rendered.
(iv) The aforementioned incentive shall be paid in ________ installment(s),
commencing ________________ , 20 _____ , and continuing on the following date(s) in the following amount(s):
Date Amount
___________________ ________
___________________ ________
(v) This Agreement is subject to the Acts and Regulations applicable in the Province of
Ontario.
_________________________________ For the Board
_________________________________ Teacher
_________________________________ Witness
________________________ , 20 _____
Date Addendum # 5
LETTER OF UNDERSTANDING
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BETWEEN:
THE HURON-SUPERIOR CATHOLIC DISTRICT SCHOOL BOARD
- and -
ONTARIO CATHOLIC TEACHERS= ASSOCIATION
RE: LEGISLATIVE AND REGULATORY INITIATIVES FOR EDUCATION SECTOR COLLECTIVE BARGAINING
1. The parties agree that in the event of legislative and regulatory changes, and other initiatives
offered for collective bargaining outcomes in the education sector, to reconvene negotiations to make this agreement consistent with these initiatives.
2. The parties recognize that current discussions between the Minister of Education, School Board representatives and the Affiliates, has detailed improvements to salary, and elementary and secondary workload, in four-year collective agreements.
3. The parties agree that the detailed improvements facilitated by the forthcoming related
regulations will complement, and in some cases may improve specific outcomes for this four-year collective agreement.
4. The parties intend that this four year agreement will fully qualify the Board and the local
bargaining units for all initiatives offered through the forthcoming regulations.
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Addendum # 6
LETTER OF UNDERSTANDING
BETWEEN:
THE HURON-SUPERIOR CATHOLIC DISTRICT SCHOOL BOARD
- and -
ONTARIO CATHOLIC TEACHERS’ ASSOCIATION
RE: ASSAULT, HARRASSMENT AND SAFE SCHOOLS The committee shall be established of equal representation from the parties to review Board policies with respect to Assault, Harassment and Safe Schools. The first meeting shall take place no later than December 1, 2008 with subsequent meetings to be scheduled on mutually agreeable dates. Upon conclusion of the review, the committee shall make recommendations regarding amendments to Board policies with respect to Assault, Harassment and Safe Schools.
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Addendum # 7
LETTER OF UNDERSTANDING
BETWEEN:
THE HURON-SUPERIOR CATHOLIC DISTRICT SCHOOL BOARD
- and -
ONTARIO CATHOLIC TEACHERS’ ASSOCIATION
RE: PROVINCIAL DISCUSSION TABLE STAFFING PROVISIONS The following issues arising out of the Provincial Discussion Table Agreement shall be referred to the Joint Staffing Committee (Article 24.01): (a) Class size reduction in Grade 4 - 8 in accordance with a new allocation in the Grants for
Student Needs. The Board will hire the full complement of additional funded elementary teachers that result from the new allocation.
(b) The assignment of staff generated by the increase in elementary teacher preparation time. (c) The expansion of secondary school programming (strategic class size reduction and
increased course offerings) in accordance with a new allocation in the Grants for Student Needs. The Board will hire the full complement of additional funded secondary teachers that result from the new allocation. For 2008-2009, the hiring of additional teachers shall occur at the second semester.
(d) The use of the funding enhancements aimed at promoting school safety through added
supervision personnel.
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Addendum # 8
LETTER OF INTENT
BETWEEN:
THE HURON-SUPERIOR CATHOLIC DISTRICT SCHOOL BOARD
- and -
ONTARIO CATHOLIC TEACHERS’ ASSOCIATION
RE: GRADES 7 AND 8 STUDENT SUCCESS TEACHERS AND LITERACY &
NUMERACY COACHES In accordance with the terms of the Provincial Discussion Table (PDT) agreement, for the 2008-2012 collective agreement, the Huron-Superior Catholic District School Board and the Huron--Superior OECTA Bargaining Unit are committed to implementing “Grades 7 & 8 Student Success Teachers and Literacy & Numeracy Coaches”. The program to be delivered and the assignment of teachers shall be determined jointly by the Joint System Staffing Allocation Committee, prior to the staffing process for 2012-2013.
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Addendum # 9
LETTER OF UNDERSTANDING
BETWEEN:
THE HURON-SUPERIOR CATHOLIC DISTRICT SCHOOL BOARD
- and -
ONTARIO CATHOLIC TEACHERS’ ASSOCIATION
RE: EXPANSION OF KINDERGARTEN PROGRAM
The parties agree that every person who is employed to fulfill an instructional role (as defined by the Acts and Regulations) shall be qualified as a teacher and covered by this collective agreement. All teaching functions including but not limited to instruction, assessment and evaluation are the exclusive domain of teaching staff. In keeping with the above, should legislation change, or in the event that the government moves to extend the Kindergarten Program, the parties shall meet to address all issues.
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Addendum # 10
LETTER OF UNDERSTANDING
BETWEEN:
THE HURON-SUPERIOR CATHOLIC DISTRICT SCHOOL BOARD
- and -
ONTARIO CATHOLIC TEACHERS’ ASSOCIATION
RE: INSURANCE PLANS
Conditional upon approval by the Lieutenant Governor-in-Council, the parties will meet by January 15, 2010 to determine the allocation of the Huron-Superior Catholic District School Board’s share of the benefit enhancement funding in accordance with the Provincial Discussion Table Agreement. The Board shall provide the information outlined in a letter from the Unit President in a timely manner.
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Addendum # 11
LETTER OF INTENT
BETWEEN:
THE HURON-SUPERIOR CATHOLIC DISTRICT SCHOOL BOARD
- and -
ONTARIO CATHOLIC TEACHERS’ ASSOCIATION
RE: SITE-BASED DAYS FOR ASSESSMENT, EVALUATION AND REPORT CARDS
The Board is committed, contingent upon funding, to provide Teachers at the elementary level with site-based release days for the purpose of assessment, evaluation and the completion of report cards, subject to mutual agreement between the Board and the Teacher and the availability of an Occasional Teacher. Contingent on funding, for the 2008-2009 school year, the Board is committed to providing three (3) half (1/2) days, taken at the rate of (1/2) day per term. Effective September 1, 2009, contingent on funding, the Board is committed to providing one (1) day for each reporting period that does not have a Professional Activity Day assigned for the purposes of assessment, evaluation and the completion of report cards. The Joint Staffing Committee shall be consulted regarding the availability of these days on an annual basis.
BETWEEN:
COLLECTIVE AGREE~IENT
2012-2013 2013-2014
Huron -Superior Catholic District School Board
(hereinafter called the "Board")
-AND-
The Ontario English Catholic · Teachers' Association
[hereinafter called the Association Braoell Affiliate]
The Hurofl Suflerior Catholic Distrit:t School Board and the Hurofl Suflerior OECTA Bargaifliflg U flit are eommitted to improve studem aehievt?meflt, reduce gaps ifl studeflt outcomes afld iRerease eontideRce in publiclrfunded educatiofl.
Item 2.00 RECOGNITION
2.05 Except as it may be amended by statute or regulation , the Memorandum of Understanding, between the The Government of Ontario and the Ontario English Catholic Teachers Association, dated July 5. 2012, as appended, forms a part of this 2012-2014 collective agreement and in accordance with paragraph N thereof, its provisions supersede any related provision of the 2008-2012 collective agreement between the parties.,subject to paragraph K of the Memorandum of Understanding.
Item 5.00 ALLOWANCES
5.01 Co-ordinators
The annual allowance for Co-ordinators is as follows:
EffeetiYe September 1, 2008 $7,221 Effeethre September 1, 2009 $7,43& effeethre September 1 , 201 0 $7,661 Effective September 1, 2012 $7,891
5.02 Consultants
The annual allowance for Consultants is as follows:
Effeeti·t'e September 1, 2008 $3,610 Effective September l, 2009 $3,718 EffectiYe September I, 201 0 $3,830 Effective September 1. 2012 $3,945
5.03 Secondary Lead Teachers
The aru1ual allo\vance for Lead Teachers is as follows:
EtTecti...-e September 1. 2008 $3,000 Effective September l. 2009 $3.090 [ffective September 1. 2010 $3.183 Effective September 1. 2012 $3.278
Item 6.00 INSURANCE PLANS
6.03 Teachers shall be provided with an extended health benefit plan and the Board shall contribute 1 00°/o of the premium cost.
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The Extended Health Care plan shall include the following benefits:
(i) The difference betw·een ward and private hospital room coverage.
(ii) Prescription drug benefit subject to a $1.00 deductible per prescription
(iii) Optical expense benefits for the insured Teacher and the insured Teacher-s dependents subject to a three hundred and fifty ($350.00) maximum benefit every two years.
Hearing aid bene tit subjeet tea six hundred ($a00.00) maJdmum benefit eYery five ( 5) eonseeutive years.
(iv) A major medical benefit that shall include: (a) Orthotic coverage of two hundred and fifty dollars ($250.00) per calendar
year; (b) Coverage for wigs required as a result of chemotherapy of three hundred
dollars ($300) lifetime; (c) Massage therapy coverage of six hundred dollars ($600) per calendar year
with no per visit limit; (d) Hearing aid coverage of six hundred dollars ($600) per five (5) consecutive
years; (e) Travel Assistance Benefit and Out of Country Care.
(v) The hospital benefit, optical, and hearing aid benefit, and the major medical benefit are not subject to any deductibles.
6.05 The Board shall provide for orthodontic care for the Teacher and the Teacher-s eligible dependents under the aforesaid policy. Such orthodontic care shall entitle the teacher to a 60o/o reimbursement of total costs incurred by a Teacher and eligible dependents as defined by the insurer to a maximum of three thousand dollars ($3,000.00) per person for the lifetime of each eligible Teacher or his or her dependent.
Item 8.00 LEAVES
8.02 Bereavement Leave
(a) (i) A Teacher shall be entitled to a leave of absence. without loss of pay or deduction from cumulative sick leave, to a maximum of five (5) working days in the event of the
death of a member of his/her immediate family if the deceased member lived one hundred and sixty ( 160) kilometres or more from the Teachers: residence.
(ii) A Teacher shall be entitled to a leave of absence without loss of pay or deduction from cumulative sick leave to a maximum of five (5) consecutive calendar days. including Saturday. Sunday and any day designated as a holiday. in the event of the death of a member of his/her immediate family. if the deceased member lived \Vi thin one hundred and sixty ( 160) kilometres of the Teacher's residence.
(iii) A Teacher shall be entitled to a lea\e of absence. ,,·ithout loss of pay or deduction from cumulative sick leave. to a maximum of five (5) \vorking days in the event of
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the death of a member of his/her immediate nlmily if the deceased member lived within one hundred and sixty ( 160) kilometres of the Teachers residence, \Vhen the Teacher is responsibk for making the funeral arrangements.
(vi) In the event that a teacher is required to attend to a member of their family's estate, one (1) day may be granted where the deceased member lived within one hundred and sixt)· ( 160) kilometres of the Teacher's residence and up to three (3) days may be granted if the deceased member lived one hundred and sixty (160) kilometres or more from the Teachers' residence, upon request, at the discretion of the Director of Education, without loss of pay or deduction of sick leave credits.
8.03 Personal Leave
(b) Personal Leave With Pay
Teachers teaching in the city of Sault Ste. Marie, may be granted a leave of absence for personal reasons up to one ( 1) day per year, uHder speeial eireumstaHees, at the discretion of the Director/designate, without loss of pay, but with or deduction of sick leave credits. In all cases. consideration by the Director/designate ., .. ill iHelude refereRee to shall be restricted to the staffing needs, and availability of replacement of Teachers, of that Teacher's school. +heapproval of this leave will Hot be granted te eJtteRd a holiday (i.e. attaehed to Christmas Break, ~4areh Break and tl=te beginniHg or eHd of the sehool year).
Teachers working outside of the city of Sault Ste. Marie may be granted a leave of absence for personal leave up to a maximum of two (2) days per year, at the discretion of the Director/designate, without loss of pay or deduction of sick leave credits. These days may be taken consecutively or individually, but in all cases, consideration by the Director/designate will include reference be restricted to the staffing needs, and availability of replacement Teachers, of that Teacher's school.
8.04 Compassionate/Special Leave
A Teacher may be granted a leave of absence for compassionate/special leave to a maximum oft\VO (2) days per occasion at the discretion of the Director or designate \Vithout loss of pay or deduction from cumulative sick leave. In addition. up to an additional 2 days may be granted. at the Director or designate=s discretion. \vhere extensive travel time is required on the part of the Teacher.
If the Director or designate is not avai !able. the Teacher shall notify his/her immediate supervisor of the reasons for his/her absence. Where the Teacher-s immediate supervisor is not available. the Teacher. in these circumstances. must make alJ reasonable efTorts to inform another Teacher or school official of his or her pending absence. Upon return the employee shall notify the Director or designate of the reasons for the absence and the Director or designate shall determine if compassionate/special leave is to be granted.
Each year. the Director shall meet with the Association president to review the criteria used for granting leave under this clause.
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8.08 Paternity Leave
!\Teacher shall be granted a leave of absence \Vithout deduction of salary or sick leave to a maximum of two (2) days upon the birth/adoption of a child or children. This leave shall be taken:
the day previous to the birth or adoption. or the day of the birth or adoption. or \Vithin thirty (30) fi\'c (5) working days of the bi1th or adoption. or within thirty (30) five (5) ·n-orking days of the child's release from hospital
following birth or adoption.
8.14 Quarantine
Teachers are entitled to salary despite absence from duty in any case where, because of exposure to communicable disease. the Teacher is quarantined or otherwise prevented by the order of medical health authorities from attending upon his or her duties. These days shall not be deducted from sick leave credits.
Item 11.00 WORKING CONDITIONS
11.01 Elementary Teachers
(a) Preparation/Planning Time
(i) Each Teacher at the elementary level shall receive preparation and planning time free of duties for use at the professional discretion of the Teacher. For every one- thousand five hundred ( 1500) minutes of instructional time, a Teacher shall receive the following amount of preparation and planning time:
2008 2009 200 minutes 2009 2010 210 minutes 2010 2011 220 minl:ltes 2011 2012 230 minl:ltes Effective August 31, 2012 September 1, 2012 240 minutes
(c) Supervision
( ii) The maxima of super\'ision per week for elementary teachers is as follows:
l 00 minutes in 2008 20~ 90 minutes in ~009 ~0 1 0: &0 n=tinutes in 20 l 0 20 II: 80 minutes in 20 II 2012.
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(d) Release Time for Assessment. Evaluation and Report Cards
Two (2) Professional Activity Days will be designated for the purpose of assessment and completion of report cards at the elementary level. One day will be designated in the calendar prior to the first reporting period, and one prior to the second reporting period.
I 1.05 Personnel Files
(e) llpon written request by the Teacher, the Board shall remove and destroy all negative reports and/or disciplinary reports/letters found in his/her personnel file provided that the Teacher has not been the subject of a written negative/disciplinary report, placed in the personnel file, for four (4) years from the date of the report/letter, except where a longer period is required by law. In cases where a longer period is required by law, the Teacher may request the removal of the report(s)/letters after the required time period has elapsed.
It is understood that the above does not preclude the parties, in individual cases, from agreeing to a number of years fewer than four (4).
11.08 Travel Time
A teacher who is assigned duties at two (2) or more work sites locations on the same day shall be provided with adequate travel time between the work sites loeatioas. Travel time shall be exclusive of lunch, preparation time and supervision assignments.
Item 12.00 TRANSFERS
The parties agree that dates contained in all clauses related to staffing (Items 12.00 and 15.00) are subject to the funding announcements of the Ministry of Education, which normally occur at or around March 31st of each year. In the event that the Ministry fundinf announcements are delayed, the Joint Staffing Committee shall meet no later than April 151 to mutually agree to new staffing timelines, if necessary.
12.01 Board-Initiated Transfers (Surplus)
(a) Any Board-initiated transfer for the following school year \vhich is due to a surplus of Teachers due to declining enrolment or reduced funding that directly affects staffing. shall be declared by \1ay 31st :VIay 151
h and shall he in order of least seniority within any school where such a surplus occurs (according to an established list of seniority) and shall be in tht! following order:
( i) Voluntary Transfers: (ii) Leave of Absem:e; (iii)~1ove to a position occupied by a Teacher with the least Board seniority in that community
as detined below. (iv)Move to an opening in the system or move to the position occupied by the Teacher with the
least Board seniority in the system.
Notwithstanding the above. all of the above considerations shall be subject to qualifications required under the Educulion .-lei and regulations.
7
(b) \Vhere a Teacher is, or Teachers are. surplus to a school during the school year, the Board may transfer the Teacher or Teachers with the least seniority within any school where such a surplus occurs (according to an established list of seniority).
The Board will make reasonable efforts to execute such transfers in a manner that will allow such transterred Teachers to transfer \Vithin their community. For the purposes of this clause community is defined as: I\1assey-Espanola; Elliot Lake- Blind River; the fonner Board area of \-1ichipicoten~ the former Board area of Chapleau; the fonner Board area of Sault Ste. Marie, and the former Board area of Hornepayne.
Where. at some later date, an opening exists in a transferred Teacher"s fonner school, municipality or community, the Board will~ subject to pupil and programming needs. allow that Teacher the opportunity to return.
12.02 Board-Initiated Transfers
Notwithstanding the above, the Board may initiate the transfer of a Teacher at any time during the school year. In such cases the transfer will take place within the same community (as defined in article 12.01 ), except that the Board also has the discretion to transfer Teachers between the elementary and secondary panels within the city of Sault Ste. Marie.
The right of Board-initiated transfer is not fettered by the concept of seniority or by any clauses of this agreement that relate to seniority.
The Board shall notify the Association of all Board-initiated transfers.
12.03 Teacher-Initiated Transfer
(a) Each Teacher who wishes to transfer to another school for the next school year shall
(i) Infonn the Director or designate in writing by April 151 of any calendar year in question in which a transfer is sought that such Teacher wishes a transfer;
(ii) Indicate to what school(s). grade(s) or area the Teacher wishes a transfer.
(b) Upon receipt of such a request for transfer. the Director or designate shall endeavour to comply \Vith the Teacher's request subject to pupil and program needs and the personnel complement in the affected school and the system as a whole.
(c) Subject to pupil and progran1ming needs, in the event of two (2) or more Teachers eligible for such transfer. the priority for such a transfer shall be in accordance with the seniority of the applicant.
(d) The Director or designate shall inform all Teachers requesting a transfer of his or her decision by June 15th .June I sl next ensuing after the receipt of the wTitten request for such a transfer.
(e) If a r ca<.:her' s request for a transfer is not granted. the Teacher shall have the option of remaining in his or her <.:urrent placement. subject to the provisions of this Collective Agreement.
12.04 Vacancies/Posting
(a) Yal:ancies are detined as those teal:hing positions within the bargaining unit which may become available due to attrition. growth. transfer or newly created positions.
(b) The Board shall post a list of \·acancies in a timely manner.
(c) For vacancies effective September of the following school year:
(i) For vacancies that are posted prior to May l st. the Board shall first fill positions from the recall list in accordance with article 15.03 and then according to the transfer processes detincd in articles 12.01. 12.02 and 12.03.
(ii) In the event of unfilled vacancies or vacancies that arise after May lst (subject to article J 5.03). the Board shall hire to till the vacancy. For vacancies that are filled after April 30th and before September 1 s\ the Board will post said vacancies for the following school year by May 1st.
(d) For vacancies that must be filled during the current school year; the Board shall first fill positions from the recall list in accordance with article 15.03. In the event that there are no Teachers on the recall list, the Board may hire to fill the vacancy for the remainder of the school year and then post said vacancies for the following school year by May 1st.
Item 15.00 SENIORITY/REDUNDANCY
15.01 Method of Determination of Seniority
Seniority shall be the length of continuous service with this Board or the predecessor Boards since most recent date of hire.
(a) Where reduction of teaching staff is necessary because of redundancy, reductions shall be made on the following basis and in the following order
(i) normal attrition; (ii) probationary Teachers; (iii) permanent Teachers in the following order:
1 continuous service \Vith this Board or predecessor Boards since most recent date of hire;
.., teaching experience with this Board or predecessor Boards; 3 other teaching experience in Ontario recognized by this Board; 4 any other teaching experience recognized by the Board: 5 highest qualifications in accordance with Q.E.C.O. as defined in this agreement and
in effect during the currency of this agreement: 6 lot.
(b) \Vhere two or more Teachers have the same seniority under 15.0 J (a). the order of the lists shall be decided upon the basis of lot conducted jointly by the Board and the Association at the Board office. The draw by lot \Viii occur only in the e\·ent a declaration of redundancy affects two or more Teachers who otherwise have equality of seniority.
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(c) .-\nv Teacher who is declared redundant in accordance \vith Item 15.01 above shall receive from
the. Board a letter mailed by ~4ay 25"' between 1\'lay IS'h and June l st, stating that his or her
employment with the Board has become redundant because of staff reduction and that such
redundancy had nothing to do \vith the individual's professional competence as a Teacher.
15.02 Special Programs and Subjects
(a) The Board has the responsibility to ensure that designated special programs. special subjects, be
maintained. To do this. the Board reserves the right to assign qualified staff to these positions.
(b) Wh(!n a Teacher in a special designated program or a specitic subject is deemed redundant the
Board shall
(i) Fill the position in question from its existing qualified staff. This not being possible
(ii) Retain the Teacher deemed redundant who possesses the required qualifications and
declare the next most junior Teacher on the seniority list redundant.
(b) If the next most junior Teacher is unable to qualify himself/herself through a summer course
and is declared redundant, he/she shall have the right to request a leave of absence of up to two
(2) years to qualify himself/herself for the position in question. Upon successfully qualifying
himself/herself, he/she shall be placed on the seniority list subject to Article 15.0 1. If, however.
his/her seniority does not allow him/her to be placed in a position with the Board. he/she shall
be declared redundant. It is understood that this opportunity to gain these qualifications does
not extend the recall right or three (3) years stipulated below in Article 15.03(a).
(c) Failing to take or be successful in the options outlined in part (c), the Teacher referred to in (c)
shall be declared redundant effective the date he or she was initially declared redundant.
15.03 Recall
(a) Teachers shall be placed on the recall list for three (3) years from the date that they are declared
redundant. If after three years they are not recalled to a permanent position, their names shall
be removed from the recall list. It is understood that this three (3) period does not extend the
two (2) year period referred to in Article 15.02(c).
(b) When deciding which Teachers to recall. the Board shall recall Teachers in reverse order of
redundancy detennination as per 15.01 above. subject to qualifications and ability.
(c) Teachers who are Jeclared redundant may opt out of their recall rights. tor any position, in
any of the three {3) years they remain on the recall list without prejudice to their right to be
recalh:d to other positions.
(d) Redundant teachers shall be assigned to vacant long-term occasional teaching positions in
priority to Occasional Teachers in the Occasional Teacher Bargaining Unit, in order of
seniority, provided the teacher has the qualifications for the position, in accordance with
the Education Act and Regulations.
\Vhere such assignmcnt(s) is one school year in duration, the terms and conditions of
employment set out in this collective agreement shall apply. Such assignment shall
10
constitute a recall under this clause.
\Vhere such assignment(s) is less than one school year in duration, the terms and conditions of employment set out in the Occasional Teacher collective agreement shall apply. Such assignment shall not constitute a recall under this clause, nor shall such assignment pre\'cnt a Teacher on the recall list from being recalled to a vacant position.
15.04 Seniority List
(a) The Board shall prepare a bargaining unit seniority list as outlined in Article 15.01 (a) (iii) as at November 15th in each year. The seniority list is to be distributed to each school and department by December I st of each year. The Board shall also provide the Association with a copy.
(b) A Teacher will accrue seniority
(i) tor the period during which the Teacher uses his or her sick leave credits; and
(ii) if an employee is receiving L.T.D. benefits such employee shall remain on the seniority list and accrue seniority accordingly. It shall be noted that said employee is on an inactive list.
Item 19.00 CONTINUING EDUCATION
19.01 All Continuing Education Teachers as defined in Item 1.00 (ii) and teaching credit courses shall be paid according to the following schedule:
Effeetive September 1' 2008 $41.85 per hol:lr iflelusive of 4q~ Yaeatiofl p~· effeetive September l, 2009 $4 3.1 0 per hour iAelush'e of 4 q~ vaeatioA pay Effeetive Septemaer l, 2010 $4 4.40 per ho1:1r inelusive of 4q~ Yaeation pay
EffeetiYe September 1. 2012 - $45.73 per hour inclusive of 4% vacation pay.
Item 20.00 GRID Effeeti·le Septem lleF 1, 20 II August 31, 2012 September I, 2012
Category *A 4(AI) 5(A2) 6(A3) 7(A4)
0 $41.786 $44.716 $46.283 $49,252 $55.441 $44.531 $47.650 $49.277 $52.623 $59.003
1 $47.276 $50.583 $52.271 $55.994 $62.564 ... $50.021 $53.516 $55.265 $59.365 $66.125 .)
4 $52.766 $56,449 $58.259 $62.736 $69,686 5 $55.511 $59.382 $61.252 $66.107 $73.247 6 $58.256 $62.315 $64.246 $69,478 $76,808 7 $61.00 I $65.248 $67,240 $72,849 $80.369 8 $63.747 $68.181 $70.234 $76,219 $83.930 9 $66.492 $71.114 $73.228 $79.590 $87..+91 10 $69.237 $74.047 $76.222 $82.961 $91.053 I 1 $79.216 $86.332 $94.614
I 1
*Cat~gory A is the Pre-Degree Category established in accordance with the Pay Equity Legislation.
Item 22.00 TERMINATION OF AGREEMENT
22.0 I This agreement shall be effective from September l. 2-008 2012 and shall remain in effect until August 31. ~ 2014.
Item 25.00 TEACHER PERFORI\'1ANCE APPRAISAL AND NEW TEACHER INDUCTION
25.0 l Performance Appraisal for Teachers (Experienced Teachers and New Teachers) and New Teacher Induction, as defined by the legislation, shall be conducted in accordance with the Education Act, Regulations. and the Ministry of Education's Teacher Performance Appraisal Technical Requirements, 2010 manual doc1:1meRts Performance Aparaisal of eJ(perieAced Teachers, 2007, ~4aA1:1al for Performanee Appraisal ofl'levl Teachers, 2006, and Induction Elements Manual,~ 2010. There shall be no additional domains, competencies and look-fors.
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.\ddendum # 5
bETTER OF UNDERSTANDING
BET\VEeN:
TilE IIURON SUPERIOR CATHOLIC DISTRICT SCHOOL BOARD
ONTARIO CATHOLIC TEACHERS- ASSOCIATION
RE: LEGISLATIVE A~JD REGULATORY l}'JITIATIVES FOR eDUCATI0}'1 SECTOR COLLECTIVE BARGAfNING
I. Tke 13arties agree tkat in the e\·ent of legislative and regulatory changes, and otfier initiatiYes offered for colleeti..·e bargaining ol:ltcomes in tke education sector, to reconvene negotiations to melEe tkis agreement consistent vt'itk tkese initiatives.
2. Tke parties recognize that current discl:lssions between tke ~4inister of Edl:leation, Sekool Board representati·ves and the l\ffiliates, has detailed improvements to salary, and elementary and secondary worldoad, in t(mr year eolleeti\'e agreements.
3. The parties agree that the detailed improYements facilitated by the forthcoming related regl:llations will complemeat, and in some eases may improye speeifie outcomes for this four year collective agreement.
4. The flarties intend that this few= year agreement ·••lill fully E}l:lalify the Board and tfie local bargaiaing l:IRits for all initiath·es offered tarough the forthcoming reg\:llatioas.
13
.\ddenflum # 6
bETTER OF lJNDERSTANDI>JG
BET\VEEN:
THE I llJRO~J SUPERIOR CATHOLIC DISTRICT SCHOOL BO.\RD
ONTARIO CATHOLIC TEACHERS' ASSOCIATION
RE: ASSAULT. HAR.~ASS~4ENT A~JD SAfe SCHOOLS
The eommittee skall ae estaalisked of equal ref:)resentation R=om the parties to reYiew Bom=e policies witk res13eet to Assault. llarassment aaa Safe Sehools. The first meeting shall tal(e plaee no later than Deeemeer 1, 2008 witk suesequent meetings to ee sekeduled on mHtually agreeaele dates.
Upon em~elusioa of the Fe\'ie·nr, the eommittee skall make reeommendations regru=ding amendments to BoaFd pelieies with respeet to Assault, HaFassmeat and Safe Sehoels.
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.\ddendum # I 0
bi':TT~R OF lJNil[RSTANDING
BET'>.'EEN:
THE HURO~J SUPERIOR CATHOLIC DISTRICT SCHOOL BOARD
ONTARIO CATHOLIC TEACHERS' ASSOCIATION
RE: ~JSURA~JCE PLANS
Conditional upon appro;·al by the Lieutenant GoverAer in Council, tke parties .,...ill meet by Janl:lary 15. 2010 to determine tke allocation oftke Hl:lron Superior Catkolic District 8ckool Board's skare of the benefit enha:ncement funding in accordance with the Pro;·ineial Discussion Tal=>le Agreement.
The Board skall provide the information outlined in a letter from tke Unit President in a timely manner.
Minutes of Settlement: Hornepayne Teachers dated December 15, 2010. (as appended)
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Memorandum of Settlement: Hornepayne Teachers
Re: The amalgamation of the Collective Agreement for the Hornepayne Local of the Ontario English
Catholic Teachers' Association and the Collective Agreement between the Huron-Superior
Catholic District School Board and the Teachers of the Huron-Superior Ontario English Catholic
Teachers' Association
The undersigned agree that the Teachers of the former Hornepayne Roman Catholic Separate School
Board listed below (hereinafter called the Horne payne Teachers) shall be subject to the provisions of the
2008-12 Huron-Superior Catholic District School Board Teachers' Collective Agreement except as
outlined in this memorandum. It is agreed that, unless specifically noted, these exceptions terminate
once a Hornepayne Teacher accepts employment outside of the jurisdiction of the former Hornepayne
Roman Catholic Separate School Board. It is further agreed that as of the date of ratification of this
agreement new teachers will be hired under the Huron-Superior Catholic District School Board Teacher
Agreement.
Hornepayne Teachers:
Patricia Jean Bonnie Nantais-Bauer Cynthia Dupuis Cindy Mackie
On Layoff Ritch Currie
1. Housekeeping
The 2008-12 Huron-Superior Catholic District School Board Teachers' Collective Agreement will
be amended to include the former Board area of Hornepayne as a separate "community".
Examples include but are not limited to: article 8.07 d); article 8.11 (f) (ix); article 12.01 (b).
Amend any references to the number predecessor boards in the 2008-12 Huron-Superior
Catholic District School Board Teachers' Collective Agreement to include the former Board area
of Hornepayne as a predecessor board.
Examples include but are not limited to: article 8.10 (c) (ii).
Any references to Secretary-Treasurer of the Hornepayne R.C.S.S.B. Board, Supervisory
Officer/Board or Chairman of the Board shall be referred to the Director of Education or
designate.
The liaison committee will be known as the Joint PD committee.
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2. Teaching Experience
The Hornepayne Teachers shall have their seniority calculated as per the Hornepayne
agreement after Sept 1, 2012 and such seniority shall be merged into the Huron-Superior
Catholic District School Board Teachers' 2012-13 seniority list. Thereafter, additional seniority and teaching experience shall be calculated under the terms of the Huron-Superior Catholic District School Board agreement.
3. Classroom Allowance
The classroom allowance provision outlined below shall be maintained for each classroom at Holy Name of Jesus School in Hornepayne until August 31, 2012.
_!_Q.J. Each T ~acher shall han: a~~~ss to a budget tor the purchase of instructional incidentals subject to the provision of receipts and the approval of the Principal. Approval will not be unreasonably withheld. The amount of the budget shall be: 2010-2011 $ 328.00
2011-2012 $ 338.00
4. Bereavement Leave
The bereavement provisions outlined below shall be maintained for each Hornepayne Teacher until such time as the bereavement provisions of the Huron-Superior CDSB teacher collective agreement exceed those outlined below:
llJ. Employees shall be allowed up to a maximum of five days leave of absence, to attend the funeral of those persons in the employee's immediate family. Should a Professional Development Day fall within the tive days leave of absence this day shall be counted as part of the leave. Should the funeral of any such approved person be held outside a 500 km radius and the Teacher attends the Funeral. the Teacher shall be allowed two (2) additional days.
11.2 Immediate family shall mean: father. mother. spouse. son. daughter. brother. sister, father-in-law. mother-in-law. son-in-law. daughter-in-law. tiance(e), grandparent. grandchild, guardian.
UJ. Employet:s shall be allo'' ed up to a maximum of three Jays leave of absence to attend the funeral of those appro\t:d r~rS\)llS nutside the immediate t~lmily. Should the funeral of any "LICh appro' ~d persun he heiJ 1 Hit side a 500 km raJ ius and the Tt:a~her attends the Funeral. the J"cad1er shall be alkm ed t\\O ( 2) aJJiti\mal Ja) "·
ll.d .-\ppn.n ed persons outside the immediate family -..hall m~an brother-in-law. sister-inla\\. aunt. uncle. niec~. m:phe\\.
11.5 Such lea\c "hall nnt he Jedul'leJ from the Tea\.:her's si~k lea've ~redits .
.LLQ With tht: appn)\ alt)f the Chairman \1f the Bl1arJ. extra Ja) s in excess of the ati)renh.:ntioned in this ~edi1H1 \,f this .trtil:le rna~ he grantt:d. l'he Teacher shall Je~ide to take
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l!.!ave provided in a~~orJance '" ith this ar1icle as either deduction from the Teacher's sick leave credits or as le~n e \V ithnul ray.
lLl Leave for up to \me (I ) Jay "hall be grunted '"hen a Teacher is rl.!quested to act as a pallbearer and has exhausted their personal lc;.ne Jays.
5. Personal leave Days
The Personal Leave Days provisions outlined below shall be maintained for each Hornepayne
Teacher until such time as the Personal Leave Days provisions of the Huron-Superior CDSB
teacher collective agreement exceed those outlined below:
12.1 Ea<.:h Teacher shall be entitled to personal leave days to a maximum of tive (5) days per year. These days shall not be deducted from cumulative sick leave days and shall not result in a loss of salary.
12.2 Such leave cannot be used by an individual in order to appear in court, if said individual is the accused person.
12.3 Where a Teacher does not hold a full time position the five (5) days of personal leave will be pro-rated to reflect their employment status.
12.4 Personal Leave Days shall not be taken on Professional Development days. Members could request to the Supervisory Officer/Board a special permission for emergencies and/or special occasions to be excused from the Professional Development activity.
6. Compassionate Leave
The Compassionate Leave provisions outlined below shall be maintained for each Hornepayne
Teacher until such time as the Compassionate Leave provisions of the Huron-Superior CDSB
teacher collective agreement exceed those outlined below:
l1J. Employees shall be allowed up to 4 days per school year for the illness of any member of the employee's immediate family. If employees require additional family illness leave. they may apply tor such leave. Any additional days granted shall be ~harged to the cmployt:e's cumulative skk lean! plan.
13.2 Immediate family in<.:luJcs ~pouse. l:hild. mother in-law. father in-law. parent or guardian or sib I ing ~x any lHhcr tamily member of the Tea~ her's household.
IJ.J In addition to the leave outlinc:d in :\rtide \io. 13.1 and 13.2. the Board shall provide Compassionate Care: Lc=ave as per the Federal Employment Insurance regulation and the pro\ in~ ial Emplo) mcnt Standards :\d to all T cachers \\ ho qualify.
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13 .3.1 :\qual it) ing cc:rtiticatt: will identify the Teacher as the person to pro'vide care or -,upport to one or more t~unily m~:mbcrs fur v.hom there is a significant risk of Jeath in the next ~6 weeks.
7. leave of Absence: Inclement Weather
The Inclement Weather provision outlined below shall be maintained for each Hornepayne
Teacher until such time as the Inclement Weather provisions of the Huron-Superior CDSB
teacher collective agreement exceed what is outlined below:
When weather conditions or failure of public transportation that the Teacher is utilizing make it impossible for a Teacher to reach the Teacher's workplace. there will be no pay deductions
or loss of other entitlements under this collective agreement. When the Teacher returns to work. the Teacher will indicate that the absence was due to extreme weather conditions or failure of public transportation. During the absence the Teacher will make best etTorts to engage in an educational activity.
8. Teacher In Charge- Holy Name of Jesus School in Hornepayne
The Teacher In Charge allowance and working conditions provisions outlined below shall be
maintained at Holy Name of Jesus School in Hornepayne until August 31, 2012 at which time the
rate shall be red-circled until such time as the allowance and working conditions provided by the
Huron-Superior CDSB collective agreement exceed those specified below for the 2011-2012
school year.
16.4 ·Teacher in Charge·· shall be compensated with the following daily rate, which is applicable for such a position. 2008-2009 $ 46.35 2010-2011$49.17
2 009-2 0 I 0 $ 4 7. 7 4 2011-2012 $ 50.65
16.5 Such assignments shall not exceed three consecutive school days except with the approval of the Association. Such assignments shall not exceed (20) school days in total per year per school.
16.6 The Board ~hall n:place an~ reacher designated "Teacher in Charge" with an
Occasional T c:acher \\hen the Principal' s absence is ~-2 Jay or more.
9. Benefits
Effective September 1st, 2011 and except as outlined below, the Hornepayne Teachers shall
have all of the health care benefit provisions (including L TO) of the 2008-2012 Huron-Superior
Catholic District School Board Teachers' Collective Agreement.
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For clarity, and except as outlined below, effective September 1st, 2011 the Hornepayne
Teachers shall have the revised benefits package provided under the 2008-2012 Hornepayne
collective agreement replaced by the revised Huron-Superior Catholic District School Board
benefits package (including L TO) provided under the 2008-2012 Huron-Superior teacher
collective agreement.
The benefit provisions outlined below shall be maintained for each of the Hornepayne Teachers
for as long as they are employed within the jurisdiction of the Huron-Superior CDSB and until
such time as the benefit provisions of the Huron-Superior CDSB exceed those outlined below:
a) no $1 per prescription drug deductible
b) Vision Care- max coverage of $400 per 24 months
c) Orthotics- 2 pair per year, $375 per pair
d) Dental- current ODA Fee Guide
e) Dental- Major Services- Unlimited Annual Maximum (SO% reimbursement)
f) Orthodontics- $3500 lifetime maximum with reimbursement at SO%
g) Deluxe Travel Coverage
h) Life Insurance (equivalent to what is in place at date of ratification)
10. Personnel Files
The Personnel Files provision outlined below shall be maintained for each Hornepayne Teacher until such time as the Personnel Files provisions of the Huron-Superior CDSB teacher collective agreement exceed what is outlined below:
31.4 Any adverse material shall be removed from a Teacher's file after three (3) years and returned to the Teacher. Evaluations and Teacher Performance Appraisal documents shall be removed from a Teacher"s tile after six (6) years and returned to the Teacher. if the Teacher so requests. No material removed from a Teachers tile shall be referred to or used against the Teacher in any way.
11. Staffing:
In Hornepayne, if teacher staffing reductions are needed, these will be achieved through attrition for the 2011-12 school year.
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12. Redundancy and Recall
A teacher working at Holy Name of Jesus School in Hornepayne who is declared surplus or
redundant in accordance with the Huron-Superior collective agreement shall have the right of
refusal if the placement involves a move out of the former Hornepayne RCSS Board geographical
area. In such cases the teacher will be placed on the Huron-Superior CDSB recall list in
accordance with their seniority and at his/her request will be placed at the top of the occasional
list for Holy Name of Jesus School in Hornepayne.
39.3. 39.3.1 \Vhen making new appointments to the stan: the Board will give tirst consideration to those Teachers who were declared redundant because of staff reduction.
39.3.2 The above criteria does not apply to the appointment of principal. vice principal or other administrative staft:
39.3.3 A Teacher who has been declared redundant shall have the right. to any parttime permanent position(s) for which they are qualitied that may be available or may become available during the recall period and at his/her request. will be placed at the top of the Occasional Teacher list.
39.4. 39.4.1 The Board shall maintain a Recall List of Teachers who are declared redundant as per the provisions outlined in PARTS I. 2 & 3 OF THIS Article of the current collective agreement.
39.4.2 Teachers declared redundant shall be placed on a recall list in the order of seniority.
39.4.3 Any teacher declared redundant shall have the right of recall beginning with the date of notification of redundancy and for a subsequent period of TWO (2) years from the etl'ective date of the redundancy.
39AA Prior to new hires and as teaching positions become available they shall be offered to the Teachers having a right of recall in reverse order of declaration of redundancy provided that the h:acher is qual i tied in accordance with Acts and regulations.
39.4.5 reachers recalkd unJer paragraph j.J \\ill have their seniority ~ounted from their \)riginal Jate ot' hin:.
39 .-L6 Tea~ht:rs no longer on tht: recall list can apply and \\iII be considered for emplo) ment prior to ne\\ hires. SeniL)rity \\iII he gin from the ne\\ date of hire. reachers" ho are no longer 1.)n the recall list ha\e the responsibility to apply for open teaching positions.
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13. Salary Grids
The salary grid (Appendix A) of the former Hornepayne Separate School Board shall continue to apply to the Hornepayne Teachers for as long as they remain employed in the jurisdiction of the Huron-Superior Catholic District School Board. The long term incentive bonus (Appendix A) shall continue for as long as the Hornepayne Teachers remain employed in the jurisdiction of the former Hornepayne RCSS Board. The salary grid and the long term incentive bonus shall be amended in the future from time to time in the same manner as the salary grid(s) in the HuronSuperior Catholic District School Board teachers' collective agreement.
14. Schedule of Payments
For the 2011-12 school year and thereafter the Hornepayne Teachers shall be paid in accordance with the Huron-Superior schedule of Pay Periods (see Appendix B).
15. Supplemental Employment Benefit (SEB) Plans for Pregnancy and Parental Leaves
The Supplemental Employment Benefit (SEB) Plans for Pregnancy and Parental Leaves
The provisions outlined below shall be maintained for each Hornepayne Teacher until such time as the benefit provisions of the Huron-Superior CDSB exceed those outlined below and for as long as the Hornepayne Teachers are employed within the jurisdiction of the Huron-Superior CDSB.
I. The Board shall provide supplementary employment benefits (SEB) for Teachers who are eligible for Employment Benefits (E.l.) as a result of Pregnancy or Parental Leave. The S.E.B. plan provides payments of 75o/o of salary during the period the Teacher is eligible for E.l. The SEB plan shall be registered with and approved by Human Resources Development Canada. The Teacher shall be paid full (I OOo/o) salary and full benetits during the t~o week E. I. \Vaiting period.
2. A Teacher "'ho receives a SEB "top-up'' shall give an understanding in writing to return to her/his duties follo\\ing expiration of her/his leave and shall not resign or retire from teaching service with the Board other than by mutual agreement between the Board and the T cachcr for a period of at least one year after resuming her/his duties. Should the Teacher not return to herlhis duties and if the Board does not excuse the Teacher from these obligations. the Teacher shall refund the Board 75~/o of those monies paid to her. him by the Board \\chile on Pregnancy or Parental Leave. prorated by the term not completed.
16. letter of Understanding (PDT)
EtTective September I. 20 I 0. each full-time-equi\alcnt Teacher at Holy ~arne of Jesus S~houl in Horm:pa~ nc -;hall ha\ e access to a Professional Learning Account of $1.250 for
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\!xp~nses incurred t()r professional materials. courses and conti:rences. Part-time Teachers ~hall ha\te a\:cess to the pro-rated amount. U ncxpcndcd monies shall be carried over to the subsequent school ) ear on a per-tea\: her basis.
EtTcctive September I. 20 I I. an additional $1.250 shall be added to each full-time-equivalent Teacher's Professional Lc:arning Account (pro-rated for part-tim~ T cachers) for expenses incurred for professional materials. courses and conferences. The maximum amount available to any full-time-equivalent Teachers will be $2.500 (pro-rated for part-time Teachers) to be used prior to August 31, 2012.
This funding shall be in addition to other collective agreement provisions and/or funding that may come from other sources for similar purposes.
Teachers will submit original receipts and submit them to the Secretary-Treasurer of the
Hornepayne R.C.S.S.B. for reimbursement no later than October 31. 2011 for expenses incurred no later than August 31, 20 II and no later than October 31. 2012 for expenses incurred no later than August 31. 2012. It is understood that reimbursements made under the Professional Learning Account are non-taxable. Monies that are not expended by October 31,
2012 shall be allocated tovvards teacher protessional development in consultation with the
Liaison Committee.
17. letter of Understanding
The provisions outlined below with respect to reimbursement of Out of Town Child Care
Expenses for school board and ministry mandated activities shall be maintained for each Teacher employed at Holy Name of Jesus School in Hornepayne until such time as the provisions of the Huron-Superior CDSB exceed those outlined below:
Appendix E to the Memorandum of Agreement made on November 5, 2008 between the Hornepayne Roman Catholic Separate School Board and the O.E.C.T.A. Hornepayne
Bargaining Unit
LETTER OF UNDERSTANDING Re: Board Policy 15
The Board will include reimbursement for child care expenses up to $40 per day. upon submission of receipts.
fhis Memorandum of Settlement shall remain in effect until the ratification of a successor collective
agreement which will contain amendments to reflect the items as agreed above.
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No Hornepayne Teacher will be adversely affected by the terms of the collective agreement as a result
of the amalgamation into the Huron-Superior Catholic District School Board up to and including the
ratification of a renewal of that agreement.
This Memorandum of Settlement is subject to ratification by the parties.
Dated this Pi day of December, 2010 at Sault Ste Marie, Ontario.
For th.e Board & 0-sZ~··' ~ v c+~
For the Association
~-1 J\ ·~
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App~ndix :\
Schedule AJ: Salary Schedule- Grid :\3 Adjustment
T ~ad1cr Salar) Sch~dule- Effective Scptt!mbcr I. 20 I 0 A :\I A2 AJ
0 s 48.7:25 s 50.707 s 52,496 s 56,744
I $ 51.412 S53.-ll6 S 55.-tSS $ 59,737
2 s 54,114. s 56.121 s 58,476 S 62,73 I
3 $ 56,820 s 58.832 s 61.463 $65,711
4 s 58.222 s 61.540 s 64.452 s 68,703
5 $62,031 $64,064 $ 67,446 $ 71.694
6 s 64,544 $ 66,592 $ 69,977 $ 74,338
7 $67,054 $69,107 $ 72,520 $ 76,987
8 $69,570 $71,636 $ 75,065 $ 80,054
9 $ 70,785 $74,156 $ 77,598 $ 83,375
10 $ 74,667 $ 76,751 $ 80,135 $ 86,702
1.2 The Pre-Degree category AO shall reach a maximum at 10 years of experience.
1.3 A long term incentive bonus will be added to a Teachers salary in the amount of$ I ,202.00 for those teachers who have attained maximum experience on the grid.
Schedule A4: Salary Schedule- Grid A4 Adjustment Teacher Salary Schedule- Effective September 1, 2011
A AI A2 AJ 0 $50,186 $52, 228 $ 54,071 $ 58.447
I s 52,964 $55.018 $ 57,150 s 61,529
2 $ 55,73 7 s 57,805 $60.230 s 64.613
3 $ 58.524 s 60,597 $ 63.306 s 67.682
4 $ 59,968 $ 63.386 $ 66.386 $ 70,764
5 $ 63.892 $ 65.986 $ 69.470 s 73.845
6 s 66.-l80 s 68.590 $ 72.076 s 76.568
1 s 69.066 s 71.181 s 74.696 $ 79.297
8 '5 71.657 s 73.785 $77.317 s 82,456
9 s 7~.908 s 76.380 s 79.926 s 85.876
10 s 76.907 s 79.053 s 82.539 s 89.303
1.2 The Pre-Degree category :\0 shall reach a maximum at I 0 ~ears uf experience.
1.3 :\ long term incentive bonus \vi II be added to a Teachers salary in the amount of$ 1.238.06 t(x those h:achers \\ ho ha,·e attained maximum experit!nce on the grid.
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A4
s 59,204
$62,196
$65.187
s 68,181
$ 71.169
$74,156
$76,134
s 81,231
s 84,791
$ 88,36 I
$91,930
A4 $ 60.980
$64,062
$67,142
$ 70,226
$ 73,304
$ 76.380
$ 78.418
s 83.668
s 87.335
s 91.012
s 94.688
Appendix B
Hornepayne Pay Periods 2011-12
26. Last Pay of 2010-11 Friday August 19 2011
1. First Pay of 2011-12 Wednesday August 10 2011 2. August 24 2011 3. September 7 2011 4. September 21 2011 5. October 5 2011 6. October 19 2011 7. November 2 2011 8. November 16 2011 9. November 30 2011 10. December 14 2011 11. December 28 2011
12. January 11 2012 13. January 25 2012 14. February 8 2012 15. February 22 2012 16. March 7 2012 17. March 21 2012 18. April 4 2012 19. April 18 2012 20. May 2 2012 21. May 16 2012 22. May 30 2012 23. June 13 2012 24. June 27 2012 25. July 11 2012 26. Last Pay of 2011-12 Wednesday July 25 2012
1. First Pay of 2012-13 Wednesday August 8 2012
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MEMORANDUM OF UNDERSTANDING
Between
THE MINISTRY OF EDUCATION
And
ONTARIO ENGLISH CATHOLIC TEACHERS' ASSOCIATION (OECTA)
July 5th, 2012
Page 1 of 17
A. Term
The term of collective agreements within the scope of this Memorandum of Understanding (MOU) is two (2) years (September 1, 2012 to August 31, 2014).
B. Salarv Increases
1. 0% in 2012-13
2. 0% in 2013-14
C. Retirement Gratuities
1. Effective August 31, 2012, employees currently eligible for a retirement gratuity shall have accumulated sick days vested, up to the maximum eligible under the retirement gratuity plan.
2. Upon retirement, an employee eligible for a retirement gratuity shall receive a gratuity payout based on the employee's current accumulated vested sick days, in accordance with #1 above, and years of service and salary as of August 31, 2012.
3. Effective September 1, 2012, all accumulated non-vested sick days shall be eliminated.
D. Sick Leave/Short Term Leave and Disability Plan/Long Term Disability Plan
The provisions relating to the Sick Leave/Short Term Leave and Disability Plan, outlined below, meet the requirements of the Employment Insurance {EI) Regulations for a premium reduction under s.69 of the El Act. If there is any question as to whether the Plan meets these requirements, the parties will cooperate so as to ensure compliance with these requirements.
Sick Leave Days
1. Each school year, a teacher shall be paid 100% of regular salary for up to ten (10) days of absence due to illness. Illness shall be defined as per the 2008-12 local collective agreement. A part-time teacher shall be paid 100% of their regular salary (as per their full-time equivalent status) for up to ten (10) days of absence due to illness. These days shall not accumulate from year-to-year.
2. Any leave provision under the local 2008-2012 collective agreement that utilizes deduction from sick leave, for reasons other than illness, shall be granted without loss of salary or deduction from sick leave to a maximum of five (5) days per school year. Local collective agreements that currently have less than five (5) days shall remain at that number. Local collective agreements that have more than five (5) days shall be limited to five (5) days. These days shall not be used for the purpose of sick leave nor shall they be accumulated from year-to-year.
Page 2 of 17
Short Term Sick leave
1. Each school year, a teacher absent beyond the ten (10) sick leave days paid at 100% of salary, as noted in clause 1 above, shall be entitled up to an additional one hundred and twenty (120) days
short term sick leave to be paid 66.67% of regular salary, and be eligible for 90% of regular salary in accordance with the Short-Term Leave and Disability (STLDP) provisions detailed below.
The following clause is subject to either Teacher Pension Plan amendment or legislation:
1. Within the purview of the Teachers' Pension Act (TPA), the Minister of Education will seek an agreement from the Ontario Teachers' Federation to amend the Ontario Teachers' Pension Plan
to allow for adjusting pension contributions to reflect the Short-Term Sickness Leave/ShortTerm Leave and Disability Proposal (STLDP) with the following principles:
i. Contributions will be made by the employee/plan member on the unpaid portion of each sick leave day under the STLDP, unless directed otherwise in writing by the employee/plan member;
ii. The government/employer will be obligated to match these contributions;
iii. if the plan member/employee exceeds the maximum allowable sick-days and does not qualify for Long Term Disability (LTD)/Long Term Income Protection (LTI), pension contributions will cease and the employee is not eligible to earn pensionable service until the LTD/LTIP claim is re-assessed and approved or if the employee returns back to work.
a. If the l TD/LTIP claim is re-assessed and approved, then the member will be entitled to earn service by making contributions subject to existing plan provisions for a period of time that does not exceed the difference between the last day of work and the day when l TIP benefits begin and the government/employer will be obligated to match these contributions.
b. If not approved for LTD/LTIP, such absence shall be subject to existing plan provisions.
iv. the exact plan amendments required to implement this change will be developed in
collaboration with Ontario Teachers' Pension Plan (OTPP) and the co-sponsors of the OTPP (Ontario Teachers Federation (OTF) and the Minister of Education); and
v. the plan amendments will have to respect any legislation that applies to registered pension
plans such as the Pension Benefits Act and the Income Tax Act.
In school boards where the Long Term Disability Plan waiting period currently exceeds 130 days the 120 day short term sick leave period referenced above shall be extended to the minimum waiting period required by the plan until such time, but no later than January 1, 2013, that the Association becomes the policy holder of all Long Term Disability plans.
2. For the purpose of determining the divisor for the number of days worked that constitutes a year,
separate classes of employee groups shall be used. This will be consistent with the classes identified in the current long term disability plans for the respective employee groups.
Page 3 of 17
Effective September 1, 2012 the school boards shall notify teachers, copied to the local unit, when
they have exhausted their ten (10} days of sick leave at 100% of salary in any school year. Failure to
notify an employee, or the unit, will not be subject to the grievance procedure if such failure is due
to circumstances beyond the control of the board.
See attached for the common method of deduction (Payment of Reduced Income Days} to be used
by all school boards.
Short Term Leave and Disability Plan (STLDP)
1. For teacher absences that extend beyond the ten (10) sick leave days paid at 100% of salary
referenced above the teacher shall be eligible for a STLDP of 90% of regular salary, subject to the
appended mutually agreed to third party adjudication process.
In the event that a school board fails to implement the STLDP third party adjudication process with
the Ontario Teachers' Insurance Plan (OTIP) by September 1, 2012 all absences due to illness beyond
the ten (10) sick leave days paid at 100% of salary shall be paid at 90% of regular salary. Illness shall
be defined as per the 2008-12 local collective agreement. Payments made prior to the
implementation of the STLDP will not be subsequently adjudicated under the STLDP.
2. Subject to the third party adjudication process, an absence is eligible for the STLDP under either of
the following conditions:
a. All, or any part of, an absence of five (5} or more consecutive work days, occurs beyond the ten
(10) sick leave days paid at 100% of salary.
b. An absence of any duration beyond the ten (10) sick leave days paid at 100% of salary due to an
ongoing or intermittent medical condition such as, but not limited to, recurring illnesses or
medical conditions, or any form of chronic condition.
3. School boards and the Association shall fully comply with the provisions of the STLOP and cooperate
with the third party adjudicator in the implementation and administration of the STLOP.
4. School boards and the Association shall fully comply with the notification requirements defined by
the administration provisions of the STLDP and cooperate with the third party adjudicator in the
implementation and administration of a mandatory early intervention and return to work processes
as a component of the short term disability plan.
5. The school boards shall be the policyholder and be responsible for the costs of the third-party
adjudication process.
6. It is agreed that, for the term of this agreement, the decisions of the third party adjudicator shall be
subject only to the appeal process and not the grievance process.
7. The school board shall reimburse the cost of medical documentation required by the third-party
adjudication process.
Page 4 of 17
8. The agreed upon third party adjudication contract and process will be reviewed by the school
boards and/or OCSTA, in consultation with OECTA, by August 31, 2014.
Should the school boards and/or OCSTA engage in an RFP process for a third party adjudication
process, the Association shall be consulted on the development of the RFP to ensure consistency
with long term disability plans.
The adjudication process between the STLDP and the long term disability plans shall provide a
consistent continuum of coverage. An essential criterion in evaluating any RFP will be consideration
of a seamless third party adjudication process with the long term disability plans.
Workplace Safety and Insurance Board (WSIB)
Notwithstanding the above, WSIB benefits shall be maintained in accordance with the 2008-2012 local
collective agreement. For clarity, where the current WSIB top up is deducted from sick leave the board
shall maintain the same level oftop·up without deduction from sick leave.
Maternity Leave
Notwithstanding the above, a teacher shall receive 100% of salary for not less than a six (6) week period
following the birth of her child, subject to provisions in the 2008-12 local collective agreement but
without deduction from sick leave. Teachers who require a longer than six week recuperation period
shall have access to the short term disability plan through the normal adjudication process.
Occasional Teachers in Long Term Assignments
1. The definition of Long Term Occasional Teacher shall be as per the respective occasional teacher
local collective agreement.
2. Occasional Teachers during a Long Term Assignment shall be eligible for the Sick Leave and STLDP
subject to the conditions in number three (3) below. For clarity, such plans cannot extend beyond
the term of a given Long Term Assignment.
3. The number of days available to an Occasional Teacher in a long Term Assignment in the Sick Leave
and STLDP shall be based upon the following:
(a) Sick leave and STLDP days are allocated at the commencement of the Long Term Assignment;
{b) Ten (10) days of sick leave at 100% of salary based on a ten (10) month assignment, pro-rated
based on the length of the assignment. Such leave shall not accumulate from school year to
school year.
(c) i) Sixty (60) days of STLDP, for a ten (10) month assignment, and subject to the conditions
governing the STLDP as specified above. Such leave shall not accumulate from school year
to school year.
Page 5 of 17
ii) For Long Term Assignments of less than ten (10) months, three (3) days of STLDP per
month, subject to the conditions governing the STLDP as specified above. Such leave shall
not accumulate from school year to school year. These days shall be credited at the
beginning of each month of the assignment, except in the case of pre-determined
assignments of more than ·three (3) months, where such days shall be credited at the
beginning of the assignment.
(d) An Occasional Teacher may accumulate unused sick leave from one Long Term Assignment to
another Long Term Assignment within the same school year.
4. Any leave provision under the local 2008-2012 occasional teacher collective agreement that utilizes
deduction from sick leave, for reasons other than illness, shall be granted without loss of salary or
deduction from sick leave to a maximum of five (5) days per school year. Local occasional teacher
collective agreements that currently have less than five (5) days shall remain at that number. Local
occasional teacher collective agreements that have more than five (5) days shall be limited to five
(5) days. These days shall not be used for the purpose of sick leave nor shall they be accumulated
from year-to-year.
Long Term Disability (LTD) Plans
1. The Association shall be the policyholder of the Long Term Disability Plans effective January 1, 2013,
except as determined by number 7 below, subject to the existing notice provisions with the current
carrier. School boards shall provide all data, related to the long term disability plans, as requested by
the Association's carrier.
2. All teachers shall participate in the Long Term Disability Plan as a condition of their employment
subject to the terms of the respective plan.
3. The Association will work with school boards and/or OCSTA to consider including non-teaching staff
in a separate plan(s) where the viability of a current LTD plan remains in question after the teachers
are withdrawn from the existing plan. The Association will decide upon any request by a school
board whether or not to accept other employee groups into a long term disability plan(s), subject to
plan provisions as determined by the Association.
4. The school boards shall enroll all teachers, identified in 2 above, in the Long Term Disability Plan in
the manner prescribed by the Association.
5. The school boards shall complete the Plan Administrator Statement as required by the plan
provisions. The plan provider shall provide OECTA teachers with LTD Claim kits.
6. The school boards shall be responsible for the deduction and remittance of l TO premium
contributions within fifteen (15) days in the manner prescribed by the Association. Boards shall be
responsible for collecting premiums from teachers who are on a leave of absence from the board.
7. The Association shall consider requests by the Dufferin-Peel, Huron-Superior and London District
Catholic School Boards to be a part of the Association long term disability plan. The school boards
shall continue to pay the LTD premiums for teachers and remit said premiums as per number 6
above unless otherwise agreed to locally.
Page 6 of 17
8. The Association shall assume all other administrative functions of the Long Term Disability plans for
the Teachers.
9. The Association shall determine the design of the long Term Disability plans, the terms and
conditions of the plans and the selection of carrier{s), except for those boards listed in 7 above.
10. Effective September 1, 2012, the third party adjudicator shall copy the local unit notice regarding all
individuals who begin to access the short term leave and disability plan at the time notification of
the adjudication decision is provided to the school board.
11. Effective September 1, 2012, the school boards shall participate in early intervention programs
initiated on behalf of disabled teachers who shall participate in such programs.
12. Effective September 1, 2012, the school boards shall participate in return to work programs initiated
on behalf of disabled teachers.
13. The school boards shall provide a list of teachers on claim as of September 1, 2012 and on
December 31, 2012.
14. By September 1, 2012 the school boards, except where the school board pays 100% of the
premiums (Dufferin-Peel CDSB and Huron-Superior CDSB), and their agents shall provide to the
Association and its agent{s) detailed disclosure regarding existing long term disability benefit plans
for the Association members in all school boards. The appended letter "Permission to Release
Experience Information", forms a part of this agreement, and outlines the obligations of the school
boards and/or their agents to disclose the specified information and is subject to the Alternate
Dispute Resolution in the case of any dispute concerning terms or implementation.
15. Effective July 4, 2012 school boards will not draw down on reserves, surpluses and/or deposits out
of the teachers' share of the LTD pian without the express written consent of the Association. Such
consent shall not be unreasonably withheld. This clause does not apply where the school board
pays 100% of the LTD premiums (Dufferin-Peel CDSB and Huron-Superior CDSB).
E. Benefits
1. The government proposes to establish a committee composed of teachers' federations, support
staff unions, school boards, school board trustee associations and the government (Ministries of
Education and Finance) to fully investigate the creation of one or more "provincial" benefits plan(s)
for the education sector, with a view to consolidation and consistency of approach.
2. The Committee would complete its work by January 1, 2014 for consideration during collective
agreement discussions in 2014, with solutions that ensure the fiscal sustainability of benefits plans
for employees, employers, and taxpayers into the medium and long-term.
3. Subject to committee review in paragraph E1 and E2 above, the Association shall be the policy
holder of the benefits plans for all teachers in Catholic schools, excluding statutory benefits.
Page 7 of 17
4. With the exception of the Long Term Disability Benefit plans, all group benefit plan coverage levels,
provisions and practices in place in 2011-2012 shall remain status quo for the 2012-2014 collective
agreements. For clarity, status quo includes any scheduled adjustments based on the contract
definition(s) and these will occur as scheduled (e.g. If in September 2011 the ODA rate was set at
2010 rates, in September 2012 the ODA rate would be set at 2011 rates).
5. Effective July 4, 2012, in order to ensure the fiscal sustainability of health care benefit plans for
employees, employers, and taxpayers into the medium and long term, the withdrawal of any monies
from any health care benefit plan reserves, surpluses and/or deposits shall require the express
approval of the Minister of Education. All such withdrawals shall be reported to the committee
established in accordance with El above.
6. One of the objectives of the committee review will be to provide full and complete transparency by
ensuring that there is an ongoing mechanism for the release of all benefit plan information,
including all financial data, to employees through their representative organizations, employers and
the government.
F. Benefits after Retirement
1. Effective September 1, 2013, any new retiree (or his/her family) in the education sector who has
access to post-retirement benefits (health, dental, life, etc.) and pays premiums for such benefits
shall be included in an experience pool segregated from all active employees, such that the pool is
self-funded.
2. Effective September 1, 2013, no new retirees (or his/her family) in the education sector shall be
eligible for employer contributions to any post-retirement benefits (health, dental, life, etc.).
3. Existing retirees (or his/her family) and any employee retiring before September 1, 2013 in the
education sector who has access to post-retirement benefits (health, dental, life, etc.) will continue
to be included in the experience pool in which they are presently included and pay the appropriate
premiums for that existing experience pool. Employer contributions where they currently exist will
continue for this group.
G. Unpaid Leave Days
The following parameter shall be in effect during only the 2012-13 and 2013-14 years:
1. All teachers, vice-principals and principals will take three (3) unpaid leave days on three (3)
scheduled professional activity days for the 2013-14 school year. These days shall exclude any
day designated for the purpose of assessment and completion of report cards at the elementary
level {as per the 2008-2012 local collective agreement). . The dates of the unpaid leave days
shall be October 11, 2013, December 20, 2013, and March 7, 2014.
2. Savings resulting from G1 above shall be applied against the government's fiscal targets for the
education sector.
3. The following clause is subject to either Teacher Pension Plan amendment or legislation:
Page 8 of 17
a) Within the purview of the Teachers' Pension Act (TPA), the Minister of Education will seek
an agreement from the Ontario Teachers' Federation to amend the Ontario Teachers'
Pension Plan to allow for adjusting pension contributions to reflect the Unpaid Professional
Activity (PA) Days Proposal with the following principles:
b) The definition of pensionable salary would be amended as appropriate to ensure that it
does not reflect the reduction due to the unpaid PA days;
c) The exact plan amendments required to implement this change will be developed in
collaboration with OTPP and the co-sponsors of the OTPP (OTF and the Minister of
Education);
d) The plan amendments would have to respect any legislation that applies to registered
pension plans such as the Pension Benefits Act, and the Income Tax Act.
e) The plan amendments, if approved, will come into effect on September 1, 2012.
H. Professional Learning Funding in GSN - Elementary panel only
The Parties note the Government's intention, conditional upon the approval by the Lieutenant
Governor-in-Council, to amend the allocation in the GSN for enhancing professional learning
opportunities for teachers. The per pupil funding benchmark for professional learning under the
Pupil Foundation Grant will be suspended for the 2012-2013 and 2013-2014 school years.
If this funding is not reinstated, the savings will be credited towards any fiscal targets beyond the
term of this MOU.
The provisions of collective agreements related to the allocation of the suspended funding for
professional learning opportunities for teachers will not be operational.
I. Secondary programming
The Parties note the Government's intention, conditional upon the approval by the Lieutenant
Governor-in-Council, to amend the allocation in the GSN supporting the expansion of secondary
programming. The provision in the 2008 PDT agreement providing for the expansion of secondary
programming effective August 31 u 2012, will not be implemented.
The provisions of the collective agreements related to the scheduled expansion of the secondary
programming effective August 31" 2012 will be suspended until August 3151 2014.
If this funding is not reinstated, the savings will be credited towards any fiscal targets beyond the
term of this MOU.
J. Salary Grids
1. All teachers shall move through and across the salary grid in accordance with their individual
experience and qualifications, in accordance with their local collective agreement.
Page 9 of 17
The increments shall come into effect on the ninety-seventh (97'h) day of each school year.
The government shall provide all necessary funding to enable teacher salary grid movement for
both qualifications and experience for the duration of this Memorandum of Understanding for
those teachers funded through the Pupil Foundation Grant and the Teacher Qualifications and
Experience Allocation.
2. The government shall meet to review school board employee salary grids with stakeholders
during the term of the 2012 to 2014 PDT agreements including, but not limited to, how
employees move on the experience and qualification salary grid (where applicable) and the
variation currently in the monetary value of each grid step, with a view to future sustainability.
K. Professional Judgment and Effective use of Diagnostic Assessment
Should an existing local collective agreement provision provide a greater benefit to a teacher than the
benefit provided by this provision of the MOU, the existing provision shall prevail.
{(Teachers' professional judgments are at the heart of effective assessment, evaluation, and reporting of
student achievement." Growing Success, Assessment, Evaluation, and Reporting in Ontario Schools, First Edition, 2010.
A teacher's professional judgment is the cornerstone of assessment and evaluation. Diagnostic
assessment is used to identify a student's needs and abilities and the student's readiness to acquire the
knowledge and skills outlined in the curriculum expectations. Information from diagnostic assessments
helps teachers determine where individual students are in their acquisition of knowledge and skills so
that instruction is personalized and tailored to the appropriate next steps for learning. The ability to
choose the appropriate assessment tool(s), as well as the frequency and timing of their administration
allows the teacher to gather data that is relevant, sufficient and valid in order to make judgments on
student learning during the learning cycle.
The following language shall be incorporated into every collective agreement:
1. The Ministry of Education will release a Policy Program Memorandum (PPM) with respect to the
effective use of diagnostic assessments.
2. Boards shall provide a list of pre-approved assessment tools consistent with their Board
improvement plan for student achievement and the Ministry PPM.
3. Teachers shall use their professional judgment to determine which assessment and/or evaluation
tool(s)from the Board list of preapproved assessment tools is applicable, for which student(s), as
well as the frequency and timing of the tool. In order to inform their instruction, teachers must
utilize diagnostic assessment during the school year.
L. Hiring Practice
The following language shall be incorporated into every local occasional teacher collective agreement:
Page 10 of 17
Occasional Teachers (OTs) play a critical role in the educational achievement of Ontario's students and
Ontario's new teachers are increasingly relying on occasional teaching assignments as their introduction
to the teaching profession. The OT role is challenging and builds experience which should be recognized
by Boards in the hiring for Long Term Occasional (L TO) and/or permanent positions. It is critical that the
process to gain such positions be fair and transparent.
I. Seniority
Seniority as an Occasional Teacher shall commence on the most recent date of hire to the
Occasional Teacher Bargaining Unit and shall continue uninterrupted thereafter.
II. The Occasional Teacher Seniority list
(a) The Occasional Teacher Bargaining Unit Seniority list shall provide, in decreasing order
of seniority, the names of the Occasional Teachers, the most recent date of hire to the
Occasional Teacher Bargaining Unit (seniority date), and experience.
(b) For the purpose of establishing the order of the Occasional Teacher Bargaining Unit
Seniority list, where seniority is equal among two (2) or more Occasional Teachers, the
tie shall be broken according to the following criteria and in the following order, based
on the greater experience:
(i) Experience accrued as a member of the Occasional Teacher Bargaining Unit,
defined as the total number of days worked since the most recent date of hire to
the Bargaining Unit (seniority date);
(ii) Teaching experience as a certified teacher in Ontario;
(iii) Or failing that, by lot conducted in the presence of the President of the Occasional
Teacher bargaining unit or designate.
(c) The Board shall provide the Occasional Teachers' Seniority list, as at September 1st of
each school year, to the Bargaining Unit and shall distribute a copy of the list to each
teacher worksite by Sept 30th of each school year. The Board shall post the list on the
OECTA bulletin board at each work site.
Ill. The Hiring of Occasional Teachers in Long Term Assignments:
Subject to denominational rights enjoyed by a Separate School Board, the following shall be
the process for the hiring of Occasional Teachers into long Term assignments:
(a) A Long-Term Occasional Teacher Placement Roster shall be generated through the
following processes:
i) Any Occasional Teacher having a minimum of ten (10) working months seniority and
having worked a minimum of 20 days in that period from the most recent date of
hire, may apply to be interviewed for placement on the Long-Term Occasional
Teacher Placement Roster.
ii) Occasional Teachers who are recommended by the Board following an interview for
placement on the Long-Term Occasional Teacher Placement Roster, shall be
assigned to the roster.
Page 11 of 17
iii) Following the interview, Occasional Teachers not placed on the roster, who make
the request, shall be debriefed and recommendations shall be made to help
enhance professional growth that may lead to successful placement on the roster in
the future.
(b) The School Board in which the Long-Term Occasional position is needed will hire,
according to Regulation 298, one of five roster Occasional Teachers who apply and most
closely match the following requirements in the following order:
i) Supernumerary/Redundant teachers in order of seniority.
ii) Recognizing the aim of providing the best possible program and ensuring the safety
and well-being of students, the Occasional Teacher on the Long-Term Occasional
Teacher Placement Roster who holds the required qualifications for the position, as
per the Education Act and Regulations (as recorded on the Ontario College of
Teachers Certificate of Qualification), who has the greatest seniority.
(c) If the Occasional Teacher declines the assignment, the school board shall select from
the remaining four teachers on the roster, the qualified Occasional Teacher as per (b) ii)
above.
(d) In the event that no qualified Occasional Teacher on the Long-Term Occasional Teacher
Placement Roster accepts the assignment or there is no qualified Occasional Teacher on
the roster for the assignment, the Board shall post and fill the Long Term assignment
from the Occasional Teacher Bargaining Unit List.
(e) Hire a new teacher who is not on the Occasional Teacher Bargaining Unit List.
IV. The Hiring of Occasional Teachers to Permanent Teaching Positions:
Subject to denominational rights enjoyed by a Separate School Board, and subject to the
provisions hereafter, and subject to Regulation 298, members of the Occasional Teacher
Bargaining Unit who are on the Long-Term Occasional Teacher Placement Roster will be hired
into permanent teaching positions in the following manner:
(a) Occasional Teachers who have completed a minimum of one (1) Long-Term assignment
that was a minimum of four (4) months in duration, and received a positive evaluation•
shall be eligible to apply for any posted permanent teaching positions. All vacancies shall
be posted;
(b) Recognizing the aim of providing the best poss1ble program and ensuring the safety and
well-being of students, the five (5) Occasional Teachers on the Long-Term Occasional
Teacher Placement Roster, who have applied and who hold the required qualifications
for the position, as per the Education Act and Regulations (as recorded on the Ontario
College of Teachers Certificate of Qualification) and are most senior, shall be eligible for
a Permanent Teaching position interview.
Page 12 of 17
(c) The Occasional Teacher who is recommended by the Board following an interview for a
Permanent Teaching position placement, shall be awarded the position.
(d) Following the interview, Occasional Teachers who are not successful and make the
request, shall be debriefed and recommendations shall be made to help enhance
professional growth that may lead to a successful application in the future.
* the evaluation referred to will be a templated process (greatly simplified from, and not
considered equivalent to, a regular TPA) mutually agreed to by the local schools board
and the local occasional teacher bargaining unit. Evaluation shall be compulsory for all
Occasional Teachers in their first LTO assignment of 4 or more months duration, with
any given school board. The parties to this agreement shall develop and implement a
standardized occasional teacher evaluation process no later than September 1, 2013.
M. Dispute Resolution/Enforcement Mechanism
For the term of collective agreements within the scope of this MOU, a dispute pertaining solely to any of
the terms or conditions specifically agreed upon at the 2012 MOU that are incorporated into a local
collective agreement, with the exception of matters agreed-to through local bargaining, shall be subject
to the following procedures:
Neither an OECTA local bargaining unit nor a Catholic District School Board shall have the jurisdiction to
initiate or identify a dispute pertaining to the terms or conditions of this MOU. A dispute shall be
identified exclusively by OCSTA or OECTA (provincial) and be limited to terms and conditions of this
MOU.
Prior to utilizing the procedure below, any dispute pertaining to this MOU as described above, shall be
subject to an attempt at resolution in the following manner: a) Both OCSTA and OECTA shall name a
representative to attempt a mutual resolution of the dispute by attending at the local board where such
dispute occurred and attempt to resolve the issue. Any resolution shall be reduced to Minutes of
Settlement that shall be subject to 8 and 9 below. This attempt at resolution shall be completed within
ten (10) working days of the dispute being brought to OCSTA's or OECTA's attention. If the matter is not
resolved within the ten (10) day period, the matter shall be deemed to be at impasse.
In the event of impasse, the following procedure shall apply forthwith:
1. The Association and the local Board shall outline, in writing, their respective interpretations of the
application of the term or condition in question.
2. Within five (5) days of the impasse, the matter shall be referred to an arbitrator for determination on
an expedited and informal basis. Both OCSTA and OECTA shall agree on a list of eight (8) arbitrators
who agree to function according to the process outlined in the Central PDT agreement Dispute
Resolution.
Failing mutual agreement on a list each party (OCSTA and OECTA) shall provide the Ministry of
Education with a list of four (4) arbitrators.
Page 13 of 17
The list of eight {8) arbitrators shall be arranged alphabetically and shall be appointed to a dispute,
either by mutual agreement or by the Ministry of Education utilizing the following protocol:
(i) The list of eight {8) arbitrators shall be arranged alphabetically;
(ii) When an issue in dispute arises the arbitrators shall be approached in the order they appear on
the list;
(iii) If an arbitrator approached as in (ii) above is unavailable, the next arbitrator in sequence on the
list shall be approached until there is an arbitrator available;
(iv) A subsequent dispute shall be put to the arbitrator on the list directly next in line after the
arbitrator who decided the last issue;
(v) The sequence above shall be repeated for each subsequent dispute.
3. Within twenty (20) days of the referral, the arbitrator shall render a decision. • • see note at end re
arbitrators
4 The arbitrator shall have all of the powers provided to arbitrators under the Ontario labour Relations
Act and the applicable local collective agreement.
5. It is understood that a hearing may take place after regular business hours in order to meet the time
line stipulated.
6. Any party or person present at the discussions leading to this MOU may be called on to give evidence
and is compellable, except Counsel.
7 The arbitrator shall provide a final and binding interpretation of this MOU and provide a final and
binding remedy in respect of any violation or contravention of this MOU.
8. Within five (5) days of the decision being rendered it shall be circulated to all local bargaining units
and boards, unless the parties agree otherwise.
9. The decision or any settlement shall be binding on all parties to all collective agreements that
incorporate the terms and conditions agreed to in this MOU and incorporated into a local collective
agreement for the term of the agreement.
10. The government is deemed to be a party to this process.
11. The arbitral costs of resolving any dispute shall be shared equally between the district school board
in which the dispute arose and OECTA.
.. Note : the concept is to engage arbitrators who are willing to hold such hearings within the
stipulated timelines by prior consultation before being included on the list of arbitrators.
Pragmatically most hearings will be held after regular business hours.
Page 14 of 17
N. Opportunity to Bargain Locally and Avoid Disruptions to Student Learning
Effective September 1, 2012, the provisions of this MOU shall apply and supercede any related provision
of any OECTA local agreement, subject to the provisions of section K of this MOU.
1. A period of local bargaining shall occur following the signing of this MOU and shall cease by
December 31, 2012.
2. Any changes to local agreements, other than those specifically required by this MOU must be
mutually agreed to by the Association and the local school board. Any local bargaining will not amend
sections of the collective agreement amended by this MOU.
3. All clauses of the collective agreement that are not amended by this MOU or by the process
identified above shall remain status quo.
4. The parties agree that for the purpose of the 2012 -2014 collective agreements all letters of intent
or understanding, minutes of settlement, or any other memoranda, contained or pertaining to the
2008-2012 collective agreements, dealing with any term or condition of a collective agreement, or
any other term or condition negotiated between the parties, shall continue in force and effect until
renegotiated by the parties.
5. There shall be no strikes, lockouts, or applications for conciliation during the period of local
bargaining.
0. Access to Information
1. The Government and School Boards will continue to respond to requests for information and
current data, pertinent to the education sector, in a timely manner.
2. By August 15th of each school year, every school board shall collect and provide to the Ministry of
Education, OECT A, and OCSTA electronic data regarding sick leave usage for all teachers during the
school year. This shall be provided indicating individual teacher use and consolidated data for all
teachers in the school board.
P. Transferability of Other Agreements
The Government acknowledges that the Roman Catholic publically funded school system will not be
financially disadvantaged in any way as a result of other financial settlements reached in any other
agreements, subject to the Association and School Boards fully complying with the conditions associated
with this Memorandum of Understanding.
The government shall ensure that school boards consistently apply freezes to compensation costs,
including wages and perquisites to all employees employed by the school boards, as set out in the
letters to Directors of Education, dated Aprilll, 2012.
Page 15 of 17
Q. Province Wide Collective Bargaining
Ontario's 2012 Budget proposed to move forward with a more centralized approach to collective
bargaining in the Broader Public Sector. In keeping with the 2012 Budget, the government will begin
consultations in the Fall of 2012 with the teachers' federations, support staff unions, school board
trustee associations and school boards to develop the appropriate legislative and regulatory framework
for provincial bargaining that would, if approved by the legislature, take effect by January 1, 2014.
R. Return to Teaching
Any vice-principal (VP) who chooses to return to the bargaining unit within 12 months of their
appointment shall be permitted to do so without loss of seniority within the local bargaining unit.
The vacancy created by the VP appointment shall be filled by a permanent teacher.
The return of any VP to the bargaining unit is contingent upon there being a vacancy for which the VP is
qualified.
No member of the bargaining unit shall be adversely affected due to the return of a VP to the bargaining
unit.
Appendices:
1. STLDP Adjudication Process
2. Payment of Reduced Income Days 3. Letter re: Permission to Release Experience Information
Page 16 of 17
For OECTA
L. 'i .. .l.~~-~ •. \-. ---· ,-· ----------····- ~ ... ---··· ____ -:-~--
Chri'\ i<ar;.JhaPga. First 1/.ce Pres1dent. ·OECTA
For the Ministry of Educdtion
~~J.fS~v ~. ·---·-.. _ ........... . ~ '''·' •iorlc~.rabtt~ ~:lure•: d·,):c~.
'Ainl<.tt•r c-r (dtjC<lt•on
MEMORANDUM OF ~ETTLEMENT
8 e tween:
The Huron- Superior Catholic District School Board
Hereinafter referred to as the '~Board"
and-
The Ontario English Catholic Teachers' Association
Hereinafter referred to as the" Association"
I. The parties herein agree to the terms of this Memorandum as constituting full settlement of
all matters in dispute.
2. The undersigned representatives of the parties do hereby agree to recommend complete
acceptance of all the terms of this Memorandum to their respective principals.
3. The parties herein agree that the term of the Collective Agreement shall be September I,
2012 to August 31,2014.
4. The parties herein agree that the said Collective Agreement shall include:
the attached items as agreed to
Dated this 22nd day of November, 2012.
For the Association:
23-Sep-13
OECTA COLLECTIVE AGREEMENT (2012-2014) SUMMARY OF CHANGES
Item Details bereavement leave changed from 'funeral' to 'in the event of the death of'
5 working days if lives 160 km or more from teacher's residence
5 calendar days if lives within 160 km from teacher's residence
- 5 working days if lives within 160 km and teacher is responsible for making funeral arrangements
compassionate/ special leave maximum of 2 days/occasion and additional 2 days where extensive travel time is required
compassionate leave not tied to bereavement (unexpected emergency of immediate family)
-special leave- unique and unusual circumstances (determined on individual basis)
estate leave leave may be granted if teacher required to attend to a member of their family's estate
1 day if deceased member lived within 160 km of teacher's residence
up to 3 days if deceased member lived more than 160 km from teacher's residence
*at discretion of Director and without loss of pay or sick leave
PA Days 2 days designated for purpose of assessment and completion of report cares at elementary level
paternity leave maximum of 2 days upon birth/adoption of child(ren) to be taken
day previous to birth or adoption
· day of birth or adoption
-within 30 days of birth or adoption
within 30 days of child's release from hospital following birth or adoption
personal leave with pay SSM 1 day/year (restricted based on staffing needs and ability to replace teacher)
no restriction as to when it can be taken
DISTRICT- 2 days/year (restricted based on staffing needs and ability to replace teacher)
personnel files upon written request, Board shall remove and destroy all negative reports/discipline provided teacher has not been subject of a written ""'!S'"'v"'' Jisciplil report for 4 years I from date of report/letter unless longer period is required by law
quarantine not deducted from sick leave
seniority list by December 1st listing seniority as of November 15th each year
staffing all dates subject to funding announcements of Min of Ed which are normally around March 31st
Surplus declared by May 15th
Teacher Initiated Transfer- transfer requests due April 1st, Board will inform teacher of outcome by June 1st
Postings May 1st
Redundancies- declared between May 15th and June 1st
HORNEPAYNE grand parented
language for: Classroom Allowance budget of $338
Patricia Jean long term incentive bonus added to salary· $1,238.06 if max experience on grid
Cindy Dupuis reimbursement for child care expenses up to $40/day with receipts
Cindy Mackie Bereavement t 5 days immediate family// additional2 days if outside 500 km radius··· outside immediate family is 3 days with additional2 days if outside 500 km radius
Personal leave 5 days/year (not on PD days)
Compassionate leave 4 days/year for illness of immediate family
Teacher in charge· $50.65/day
Item Details -MEMORANDUMS OF UNDERSTANDING
attendance recognition IF sick leave usage is below 6 full days then receive payment equivalent to daily rate
Annual compensation is NOT to exceed what would have been paid in the absence of unpaid days Payment made at the earliest opportunity following June 30, 2014
benefits after retirement Eff. Sept. 1/13 any new retiree who has access to post-retirement benefits and pays premiums for such benefits shall be included in an experience pool segregated from all active employees, such that the pool is self-funded
maternity leave 8 weeks
2 week waiting period paid at 100%
6 weeks paid as top-up {difference between 100% salary and El rate retirement gratuity based on sick leave accumulation as of August 31, 2012 {letters sent to all eligible with amounts) salary grids increments shall come into effect on the 97th day of each school year {Jan 31st) {includes QECO Evaluation changes) sick leave 11 days per year paid at 100% salary
granted September 1st each year or on the teacher's first work day of the school year, provided the teacher is actively at work and shall not accumulate from year-to-year 1) Where a teacher is absent due to sickness/injury on 1st day of work, sick leave credit may only be used if:
a) on the last work day in the previous school year the teacher used a sick leave credit due to same sickness/injury that requires the teacher to be absent on the 1st work day of current school year
i) the teacher may not use a sick leave credit provided for the current school year, and ii) the teacher may use any unused sick leave credits provided for the immediately preceding school year
IF 1 does not apply, teacher may use sick leave credit provided for the current school year in respect of the first work day if, for the purpose of providing proof of sickness/injury i) the information specified for that purpose in the teacher's collective agreement, or ii) if not provided for in the collective agreement, the information specified under a policy of the Board
IF a teacher is absent due to sickness/injury on 1st day of work in fiscal year above also applies in respect to any work day immediately following the teacher's 1st day of work until the teacher returns to work in accordance with the terms of employment A partial sick leave credit or short term sick leave credit will be deducted for an absence due to illness for a partial day The Board is responsible for any costs related to third party assessment required by the Board to comply with the Attendance Management Support Program. For clarity, current practices with respect to the payment for medical notes will continue {teacher pays).
short term sick leave
up to 120 days paid at 90%
TOP-UP- 2012-2013 {2 days)
TOP-UP -2013-2014 {11 days less number of sick days used in prior year) i.e. .10 needed to top-up from 90 to 100, therefore if 6 days in bank- 60 days available for top-up unpaid leave days all teachers required to take 1 day w/o pay- December 20, 2013
- a further unpaid day {March 7, 2014) will be required if there are not enough offsetting savings VLAP {voluntary unpaid leave of Effective May 1, 2013 absence program) Teacher may apply for up to 5 unpaid leave of absence days for personal reasons
For VLAP scheduled in advance for the 2013-2014 school year, the salary deduction will be equalized over the pay periods of that year {will not normally include the first week following the start of each semester, the week prior to exams and the exam period)
OCCASIONAL TEACHERS maternity leave available to L TOs with length of benefits limited by the term of the assignment {max 8 weeks) sick leave IF full year eligible for 11 days paid at 100% and 60 days of short term paid at 90%
IF less than one full year eligible for 11 days and 60 days of short term reduced to reflect the proportion the assignment bears to the length of the regular work year and allocated at the start of the assignment
OT may accumulate unused sick leave from one LTO to another LTO within the same school year
Ministry of Education
Minister
Mowat Block Queen's Park Toronto ON M7A 1L2 Telephone 416 325-2600 Facsimile 416 325-2608
January 3, 20 13
Lindsay Liske Chair
Mlnlstere de !'Education
Ministre
Edifice Mowat Queen's Park Toronto ON M7A 1L2 nl~phone 416 325-2600 T~l~copieur 416 325-2608
Huron-Superior Catholic District School Board [email protected]
John Stadnyk Director of Education Huron-Superior Catholic District School Board [email protected]
Kevin O'Dwyer President Ontario English Catholic Teachers' Association (OECTA) [email protected]
Marshall Jarvis General Secretary Ontario English Catholic Teachers' Association (OECTA) [email protected]
Dear Lindsay, John, Kevin and Marshall,
Ontario
Thank you for providing me with your ratified collective agreement with elementary and
secondary school teachers at the Huron-Superior Catholic District School Board.
Upon review, I am pleased to advise you that your agreement will come into operation as of
September 1, 2012. Please note the clarifications on the operation of the agreement as described
in the Appendix.
Congratulations to both the school board and OECT A for the leadership you have shown in negotiating this local collective agreement. By working together and finding solutions, you are
doing your part to protect the gains we have made in education while still meeting our shared
fiscal realities. . . .12
-2-
Local agreements are possible when everyone works together and maintains a clear focus on what matters most- our students. Thanks to leaders like you and the negotiated collective agreement you have reached, we can continue to invest in important programs such as full-day kindergarten and small class sizes while preserving 20,000 teaching and support staff positions.
Together, we have chosen to put our students and our education system first. As a result, we are in a strong position to build on our past success and achieve a new level of excellence in publicly funded education.
Congratulations once again. I look forward to continuing to work with you and doing what we do best- putting students first as we continue to build Ontario's education system into one of the best in the world.
Yours truly,
Laurel Broten Minister
Enclosure
Appendix A LETTER OF APPROVAL OF COLLECTIVE AGREEMENT
Appendix to Minister's Letter
Pursuant to the Pulling Students First Act, 2012, (PSFA), s. 8 (9), the Collective
Agreement between the Huron-Superior Catholic District School Board and the Ontario
English Catholic Teachers' Association representing all members of the OECTA Huron
Superior Teachers' Unit, ratified by the Board and the Union, shall come into operation
on September I, 2012.
For clarity, and pursuant to s.7 ofthe PSFA, ifthe ratified Collective Agreement is
inconsistent with any of the terms or conditions of the Memorandum of Understanding
between the Ministry of Education and the Ontario English Catholic Teachers'
Association (OECTA) dated July 5, 2012 (the "MOU") and any relevant regulations
made under the Pulling Students First Act, 20 I 2 or the Education Act ("Regulation"), any
of the terms or conditions of the ratified Collective Agreement are inoperative to the
extent of the inconsistency. A provision ofthe ratified Collective Agreement is
inconsistent with the terms or conditions set out in the MOU and Regulation if the
provision changes, nullifies or limits the operation of a provision of the MOU and
Regulation. Please note that these regulations include enhanced provisions negotiated
with other unions which are now generally applicable, including to OECTA members.
January 21,2013
I APPROVED AGREEMENTS IN OPERATION SEPTEMBER 1 2012 --
Colunm I Colunm2 Colunm 3 Colunm4
Board Name Barllainine. Allcnt Bargaining Unit Memorandum of Understanding (MOU)
19 Halton Catholic District School Ontario English Catholic Every Pan X. I teacher. as defined by the Education Act, other than occasional teachers, who arc MOU between the Mmist!Y of Education and the Ontario English
Board Teachers' Association assigned to one or more secondary schools or to perform duties in respect of such schools all or Catholic Teachers' Associatoon jOE~TA) dated ,!ul~ 5 2012
most of the time subject to an~ l!rescribed modifications and rel!!acements
20 Halton Catholic District School Ontario English Catholic All Occasional Teachers employed by the Board in its schools in the Region of Halton MOU between !!Je Monist!Y of Education and the Qntarig English
Board Teachers' Association Cathohc Teachers' Association {OECTAl dated July: 5 2012 subject to an~ l!rescribed modofications and ree!acements
21 Hamilton-Wentwonh Catholic Labourers' International All employees of the Hamilton-Wcntwonh Catholic District School Board employed in MOU between the Minis!!J! of Education and the Ontario English
District School Board Union of North America maintenance services and plant operations. save and except Manager, Custodial Services, Catholic Teachers' Assocoation (QE~TAl dated Jul~ 5 2012
(LIUNA Local837) Manager, Technical and Maintenance Services, Manager, Physical Plant and Construction, subject to anx erescribed modifications and reelacements
persons abo\'e the rank of Manager. Custodial Services. Manager, Technical and Maintenance Services, Manager, Physical Plant and Construction, office and clerical employees and assistant
custodian 22 Hamilton-Wentworth Catholic Labourers' International All employees of the Hamilton-Wentworth Catholic District School Board employed as assistant MOU between the Minis!!Y Qf !;ducation and the Qntario English
District School Board Union ofNonh America custodian in the Municipality of Hamilton-Wentworth, save and except supervisors, persons Catholic Teachers' AssoclatoQn (OE~TAl dated Julx 5 2012
(LIUNA Local837) above the rank of supervisor, office and clerical employees subjec) to an~ l!ress;tib!ld modifications and rellJacements
23 Hamilton-Wentworth Catholic Ontario English Catholic All Teachers (elementary) described at S.277.3( I) I of the Education Act (1998) who arc memhers MOU between the Minis!!J! of Education and the Qntario English
District School Board Teachers' Association of the Local Bargaining Unit Catholtc Teachers' Association (Q!iCTAl dated Jul~ 5 2012 subject to anx erescrobed modifications and ree!acements
24 Hamillon-Wentwonh Catholic Ontario English Catholic All Teachers (secondary) described at S.277.3 (I )3 of the Education Act including Adult MOU between the Minist!Y of Education and the Ontario §ngJish
District School Board Teachers' Association Continuing Education Teachers Catholic Teachers' Association (OECTAl dated Jut~ 5, 2012 subject to an~ l!rescribed modifi!;!!tions and reelacements
25 Hamilton-Wentworth Catholic Ontario English Catholic All Occasional Teachers employed by the Hoard in its schools in the Regional Municipality of MOl.! between the Minisl!:l£ of Education and the Ontario English
District School Board Teachers' Association Hamilton-Wcntwonh Catholic Teachers' Assoclation (OECTAl dated Jul~ 5 2012 subject to anx l!rescribed modifications and rg!l!acements
26 Huron Penh Catholic District Ontario English Catholic All Occasional Teachers employed by the Board MOU between the Minost!Y of §ducation and !l!e Ontario English
School Board Teachers' Association Catholic Teachers' Association {OECTAI dated Jul~ 5, 201~ sub1ec1 tQ anx ere scribed modifications and reelacementl!
27 Huron-Superior Catholic Ontario English Catholic All members of the OECT A Huron-Superior Teachers' Unit MOU between the Minist[l! Qf Educatign and the Q!JiariQ !;nglish
District School Board Teachers' Association Catholic Teacbers' Association {OE~TAl dated Julll5, 2012 sybj!!ct jo anllerescribed modifi9jtionl! and [!!l!l!!!<!!!!l!!!l!§,
30F20
MEMORANDUM OF UNDERSTANDING
Between
THE MINISTRY OF EDUCATION
And
ONTARIO ENGLISH CATHOLIC TEACHERS' ASSOCIATION (OECTA)
July 5th, 2012
A.
the scope of Memorandum is two 3
B.
2. in 2013-14
C. Retirement Gratuities
1. August 2012, employees currently eligible for a retirement gratuity shall have accumulated sick days vested, up to the maximum eligible under the retirement gratuity plan.
2. Upon retirement, an employee eligible for a retirement gratuity shall receive a gratuity payout based on the employee's current accumulated vested sick days, in accordance with #1 above, and years of service and salary as of August 31, 2012.
3. Effective September 1, 2012, all accumulated non-vested sick days shall be eliminated.
D. Sick leave/Short Term leave and Disability Plan/long Term Disability Plan
The provisions relating to the Sick Leave/Short Term Leave and Disability Plan, outlined below, meet the requirements of the Employment Insurance Regulations for a premium reduction under s.69 of the El Act If there is any as to whether the Plan meets these requirements, the parties will
so as to ensure compliance with these
Sick leave Days
1.
Short Term Sick leave
1. Each school year, in clause 1
term sick with
to Teacher Pension Plan or
1. Teachers' Pension Act the Minister of Education will an "'"''"'"''m,,n; from the Ontario Federation to amend the Ontario Pension Plan to allow for the Short-Term Sickness
Contributions will be leave day under the
member;
member on the unpaid portion of each unless directed in writing by the employee/plan
ii. The government/employer will be obligated to match these contributions;
iii. if the plan member/employee exceeds the maximum allowable sick-days and does not qualify for Long Term Disability (LTD)/Long Term Income Protection (LTI), pension contributions will cease and the employee is not eligible to earn pensionable service until the LTD/LTIP claim is re-assessed and approved or if the employee returns back to work.
iv.
a. If the LTD/LTIP claim is re-assessed and approved, then the member will be entitled to earn service by making contributions subject to existing plan provisions for a period of time that does not exceed the difference between the last day of work and the day when LTIP benefits begin and the government/employer will be obligated to match these contributions.
b. If not approved for such shall be subject to
will be in and the co-sponsors of the OTPP
and
See attached for common method deduction Income to used boards.
Short Term leave and Disability Plan (STlDP)
1.
In event a school board to the Ontario Teachers' Insurance Plan (OTIP) the ten (10) sick days paid at 100% of
process. to the
process due to illness beyond
salary. shall as per the 2008-12 implementation of the STLDP will not
made prior to the subsequently adjudicated under the STLDP.
2. Subject to the third party adjudication process, an absence is eligible for the following conditions: STLDP under either of
a. All, or any part of, an of five (5) or more consecutive work days, occurs beyond the ten (10) sick leave days paid at 100% of salary.
b. An absence of any duration beyond ten (10) sick leave days paid at 100% of salary due to an ongoing or intermittent condition such as, but not limited to, illnesses or medical conditions, or any form of chronic condition.
3. School and the Association of the STLDP and with the third and administration the STLDP.
4.
8.
Workplace Safety and Insurance Board (WSIB)
be maintained in accordance the 2008-2012 where current WSIB up is from leave the board
without deduction from sick
Maternity Leave
Notwithstanding the above, a teacher receive 100% of salary for not less than a six (6) week following birth of child, to in the 2008-12 local collective without deduction from sick leave. Teachers who require a longer than six week recuperation period shall have access to the short term disability plan through normal adjudication process.
Occasional Teachers in Long Term Assignments
1. The definition of Long Term Occasional Teacher shall be as per the occasional teacher collective agreement.
2. for the Sick Leave and STLDP For cannot extend beyond
3. The Teacher in a Term in Leave
4. leave deduction from reasons other deduction from sick leave to a maximum of
::u:rr'PPimPntc that occasional teacher collective agreements that more
These not be used for the purpose
Long Term Disability (LTD) Plans
1. Association shall be the policyholder of the except as determined by number 7 carrier. School boards provide all data, the Association's carrier.
2. All in Long Term terms of the respective plan.
3.
one to
that utilizes or
per school year. Local occasional teacher Local
limited to be accumulated
January 1, 2013, notice provisions with the current
term disability plans, as requested by
Plan as a condition of their employment
groups into a by the Association.
4. The in 2 Term Plan in
8. of
9. Association and conditions of the
in intervention programs in such programs.
12. Effective on
1, the teachers.
in return to work programs initiated
13. The school boards shall provide a list of December 31, 2012.
on claim as of September 1, 2012 and on
14. By September 1, 2012 the school boards, where the school board pays 100% of the premiums (Dufferin-Peel CDSB and Huron-Superior CDSB), and their agents shall provide to the Association and its agent(s) detailed disclosure regarding existing long term disability benefit plans for the Association members in all school boards. The appended letter "Permission to Release Experience Information", forms a part of this agreement, and outlines the obligations of the school boards and/or their agents to disclose the specified information and is subject to the Alternate Dispute Resolution in the case of any dispute concerning terms or implementation.
15. Effective July 4, 2012 school boards will not draw down on reserves, surpluses and/or deposits out of the teachers' share of the LTD plan without the express written consent of the Association. Such consent shall not be unreasonably withheld. This clause does not apply where the school board pays 100% the LTD premiums (Dufferin-Peel CDSB and Huron-Superior CDSB).
E. Benefits
1.
5.
accordance with E1
committee review will be to for the their
coverage 2012-2014 collective
based contract ODA
F. Benefits after Retirement
1. Effective September 1, 2013, any new retiree (or his/her family) in the education sector who has access to post-retirement benefits (health, dental, etc.) and pays premiums for such benefits shall be included in an experience pool segregated from all active employees, such that the pool is self-funded.
2. Effective September 1, 2013, no new retirees (or his/her family) in the education sector shall be eligible for employer contributions to any post-retirement benefits (health, dental, life, etc.).
3. Existing retirees (or his/her family} and any employee before September 1, 2013 in the education sector who has access to post-retirement benefits (health, dental, will continue to be included in the pool in which are included and pay the appropriate premiums for that pool. contributions where they exist will continue for this group.
G. Unpaid leave Days
a) Minister of Education will seek to amend the Ontario
the Professionai
b) The to ensure it
c) to this will be in co-sponsors of the OTPP (OTF and the Minister of
d) plan amendments would have to any that to pension plans such as the Pension Benefits Act, and the Income Tax Act.
e) The plan amendments, if approved, will come into on September 1, 2012.
H. Professional learning Funding in GSN - Elementary panel only
The Parties note the Government's intention, conditional upon the approval by the LieutenantGovernor-in-Council, to amend the allocation in the GSN for enhancing professional learning opportunities for teachers. The per pupil funding benchmark for professional learning under the Pupil Foundation Grant will be suspended for the 2012-2013 and 2013-2014 school years.
If this funding is not reinstated, the savings will be credited towards any fiscal targets beyond the term of this MOU.
The provisions of collective agreements related to the allocation of the suspended funding for professional learning opportunities for teachers will not be operational.
I. Secondary programming
Government's conditional by the Lieutenant-to amend the allocation in the GSN
in the 2008 PDT
The increments come into on
necessary to enable teacher for the duration of
the Foundation Grant and the Allocation.
shall meet to review school board term of 2012 to 2014 PDT move on the and
variation in monetary value of each
K. Professional Judgment and Effective use of Diagnostic Assessment
each school
for and
Should an existing local collective agreement provision provide a benefit to a teacher than the benefit provided by this provision of the MOU, the existing provision shall prevaiL
"Teachers' professional judgments are at the heart of effective assessment, evaluation, and reporting of student achievement." Growing Success, Assessment, Evaluation, and Reporting in Ontario Schools, First Edition, 2010.
A teacher's professional judgment is the cornerstone of assessment and evaluation. Diagnostic assessment is used to identify a student's needs and abilities and the student's readiness to acquire the knowledge and skills outlined in the curriculum expectations. Information from diagnostic assessments helps teachers determine where individual students are in their acquisition of knowledge and skills so that instruction is personalized and tailored to the appropriate next steps for learning. The ability to choose the appropriate assessment tool(s), as well as the frequency and timing of their administration allows the teacher to gather data that is relevant, sufficient and valid in order to make judgments on student learning during learning cycle.
The following shall incorporated into every
Memorandum with to assessments.
II.
IlL
and
critical that the
as an Occasional Teacher shall commence on the most recent date hire to Teacher and shall continue
Unit of seniority, the names of the Occasional Occasional Unit
List shall in order the most recent date of hire to the
dateLand
(b) For the purpose of establishing the order of the Occasional Bargaining Unit Seniority List, where seniority is equal among two (2) or more Occasional Teachers, the tie shall be broken according to the following criteria and in the following order, based on the greater experience:
(i) Experience accrued as a member of the Occasional Teacher Bargaining Unit, defined as the total number of days worked since the most recent date of hire to the Bargaining Unit (seniority date);
(ii) Teaching experience as a certified teacher in Ontario; (iii) Or failing that, by lot conducted in the presence of the President of the Occasional
Teacher bargaining unit or designate.
(c) The Board shall provide the Occasional Teachers' Seniority as at September 1st of each school year, to the Bargaining Unit and shall distribute a copy of the list to each teacher worksite by Sept 30tr of each school year. The Board shall post the list on the OECTA bulletin board at each work site.
be
IV.
on roster, who make recommendations shall be made to
to successful on the roster in
The Board in which the is needed will according to one of five roster Occasional who and most
the order:
ii) the best possible program and and of students, the Occasional Teacher on the Teacher Placement Roster who holds the qualifications for the position, as per the Education Act and Regulations (as recorded on the Ontario College of Teachers Certificate of QualificationL who has the greatest seniority.
(c) If the Occasional Teacher declines the assignment, the school board shall select from the remaining four teachers on the roster, the qualified Occasional Teacher as per (b) ii) above.
(d) In the event that no qualified Occasional Teacher on the Long-Term Occasional Teacher Placement Roster accepts the assignment or there is no qualified Occasional Teacher on the roster for the assignment, the Board shall post and fill the Long Term assignment from the Occasional Teacher Bargaining Unit List.
(e) Hire a new teacher who is not on the Occasional Teacher Bargaining Unit List.
Subject to denominational rights enjoyed by a Separate School Board, and subject to the provisions hereafter, and subject to Regulation 298, members of the Occasional Teacher Bargaining Unit who are on the Placement Roster will be hired into manner:
an interview
Permanent
enhance
Occasional Teachers in their school The to this ""'·oomo
occasional teacher evaluation process no later than
M. Dispute Resolution/Enforcement Mechanism
For the term of collective within the scope of this MOU, a dispute pertaining solely to any of
terms or conditions specifically upon at the 2012 MOU that are incorporated into a local
collective agreement, with the exception of matters through local bargaining, shall be subject
to the following procedures:
Neither an OECTA local bargaining unit nor a Catholic District School Board shall have the jurisdiction to
initiate or identify a dispute pertaining to the terms or conditions of this MOU. A dispute shall be
identified exclusively by OCSTA or OECTA (provincial) and be limited to terms and conditions of this
MOU.
Prior to utilizing the procedure below, any dispute pertaining to this MOU as described above, shall be
subject to an attempt at resolution in the following manner: a) Both OCSTA and OECTA shall name a
representative to attempt a mutual resolution of the dispute by attending at the local board where such
dispute occurred and attempt to resolve the issue. Any resolution shall be reduced to Minutes
Settlement that shall be subject to 8 and 9 below. This attempt at resolution be completed within
ten (10) working days of the dispute being brought to OCSTA's or attention. If the matter is not
resolved within the ten (10) the matter shall be deemed to be at
In the event of the shall forthwith:
1.
The list of either
The
When an issue the
arises the arbitrators
as above is
the order appear on
the next arbitrator in sequence on
A to the arbitrator on list next in line after the
The sequence above
3. Within twenty (20) days of arbitrators
the arbitrator render a decision. * note at end re
4 The arbitrator shall have all of the powers provided to arbitrators under the Ontario Labour Relations Act and the applicable local collective agreement.
5. It is understood that a hearing may take place after line stipulated.
business hours in order to meet the time
6. Any party or person present at the discussions leading to this MOU may be called on to give evidence and is compellable, except Counsel.
7 The arbitrator shall provide a final and binding of MOU and provide a final and binding remedy in of any violation or contravention of this MOU.
8. Within five (5) days of the decision rendered it shall be to all local units and boards, unless the agree otherwise.
9. decision or any settlement the terms and conditions ::~m·oor• into a local collective
the
N. Opportunity to Bargain Locally and Avoid Disruptions to Student Learning
Effective September 1,
any OECTA local
apply and supercede any related provision
of section K this MOU.
1. A of local bargaining shall occur following the of this MOU and shall cease by
31, 2012.
to local other than those specifically required by this MOU must mutually
to by Association and the local school board. Any local bargaining will not amend sections of
the collective amended by this MOU.
3. All clauses of the collective agreement that are not amended by this MOU or by the process identified
above shall remain status quo.
4. The parties agree that for the purpose of the 2012 -2014 collective agreements all letters of intent or
understanding, minutes of settlement, or any other memoranda, contained or pertaining to the 2008-
2012 collective agreements, dealing with any term or condition of a collective agreement, or any other
term or condition negotiated between the parties, shall continue in force and effect until renegotiated
by the parties.
5. There shall be no strikes, lockouts, or applications for conciliation during the period of local bargaining.
0. Access to Information
1. The Government and School Boards will continue to respond to requests for information and current
data, pertinent to the education sector, in a timely manner.
2. By August 15th of each school year, every school board shall collect and provide to the Ministry of
Education, OECTA, and OCST A electronic data regarding sick leave usage for all teachers during the
school year. This shall be provided indicating individual teacher use and consolidated data for all
teachers in the school board.
P. Transferability of Other Agreements
The Government acknowledges that the school system will not be
Q.
Ontario's
R.
vacancy
The return of any VP to the qualified.
chooses to return to the to do so without loss of
shall a
upon there
unit.
teacher.
a vacancy for which the VP is
No member of the bargaining unit shall adversely affected due to the return of a VP to the bargaining unit.
Appendices:
1. STLDP Adjudication Process 2. Payment of Reduced Income Days 3. Letter re: Permission to Release Experience Information
For OECTA For the Ministry of Education
Minister Education
1
Appendix 1 July 5th, 2012
Process Guide for xxx Catholic District School Board Advice to Pay Program Preparation Date: June 28, 2012 Effective Date of Services: xxxxxx
2
2 The Manufacturers Life Insurance Company
Acronyms, Abbreviations and Definitions ................................................................. 3 AMS Roles within Manulife .................................................................................. 3 Intake and File Initiation ...................................................................................... 4 Initial Interview, Claim Assessment and Recommendation ............................................ 6 Early Intervention (Ongoing Case Management) ........................................................ 8 Appeal Process .............................................................................................. 10 AMS to LTD Transition ..................................................................................... 12 Confidentiality ................................................................................................ 12
3
3 The Manufacturers Life Insurance Company
ACCRONYMS, ABBREVIATIONS AND DEFINITIONS Board: The xxx Catholic District School Board is referred to as Board and
is the employer. Employee: Individuals eligible to access the Absence Management Services
(Advice to Pay) are referred to as Employee. Union: APS: Attending Physician’s Statement RTW: Return to work AMS: Absence Management Services LTD: Long Term Disability
AMS ROLES WITHIN MANULIFE Intake Representative: Frontline contact that completes intake and inquiries from
central phone line as well the person responsible for setting up new files and notifying Boardof a new case set up.
Case Manager: Health Care professional responsible for the management of
the Employee’s absence until resolution is achieved; serves as the primary resource for the Board, Employee, Health Care practitioner, Union and any other individual involved in the case. Assesses and makes recommendation regarding disability taking into account contractual, medical, and functional information. Develops a case management plan and communicates will all parties on all claims issues. Develops and completes telephonic return to work plans between the Board, Employee, Union (when requested), and physician.
Specialist: Contact person for escalations, appeals, as well as assisting
Case Managers with complex case management. Supervisor: Team leader that is responsible for the management of the
client relationship as well as the team offering support to the client.
Program Management: Team of individuals that are responsible for reporting, trend
analysis, and subsequent program recommendations
4
4 The Manufacturers Life Insurance Company
Return to Work Specialist: When case manager identifies need foron-site meeting
between Board and Employee, the return to work specialist conducts meeting to clarify limitations and expectations for a timely and successful return to work.
Functional Rehab Specialist: Develops, monitors and implements innovative functionally
orientated rehabilitation plans for Employee. It may involve meeting with Board, Employee, Union,physicians or other health care professionals to implement on-site return to work plan.
Vocational Rehab Specialist: Develops vocational rehabilitation plan with a return to work
toan alternate occupation goal for Employee not able to return to work to their own occupation.
Intake and File Initiation
When to have a case referred: • At Day 5 or more, if Employee is expecting that health related absence due to injury or
illness will be extending beyond 5 working days (and the Employee has used 10 sick leave days for the school calendar year)
• The Employee may be directed by the Board or Union to contact the Manulife AMS intake number directly when they are absent from work.
• When an Employee is requesting to access the AMS program as a result of a health related absence, the employee will be provided with a toll-free number to speak with anManulife AMSCustomer Care Representative. A representative is available during regular business hours (8 a.m. to 6 pm).
• Intake includes: The Manulife AMS Customer Care Representative receiving the call will validate, collect and record the following information from the employee:
• Employee Name • Date of Birth • Social Insurance Number • School Board • Union • First day off work • How long has current absence been so far? • Expected return-to-work date • Other absences prior to the current absence? • Reason for current absence and current symptoms • Do they expect to be meeting with their physician/medical professional? • Employee’s telephone contact number and email address (if available) • Board contact information (may not require this step if we have contact listings by
board) • Union contact information
• The Manulife AMS Customer Care Representative also provides a brief explanation of program and next steps that include a case manager contacting the Employee as part of assessment phase
5
5 The Manufacturers Life Insurance Company
Phase 1 – Advice to Pay Intake and Notification Initiation Process
Employee Notification Employee initiates referral and
contacts Manulife’s Advice to Pay 1-800 direct line
Intake & Notification
At Day 5 or more, if Employee absence is expected to exceed
5 working days
Board Notification Customer Care Representative advises Board via email that: • Case initiated by Employee • Date that recommendation
from case manager will be provided to Board
• Request Board to confirm eligibility for Advice to Pay Service
EmployeeIntake by Customer Care Representative
• Introduction to program • Critical intake information
gathered • Set up case on Manulife
system • Referral to case manager
Within 1 business
day
6
6 The Manufacturers Life Insurance Company
Initial Interview, Claim Assessment and Recommendation
Initial Interview and Claim Assessment The assessment phase is completed by case managers who are healthcare professionals (ie nursing, physiotherapists, occupational health, psychiatric nursing, kinesiologists, chiropractor). Other resources accessed during this phase and early intervention include medical consultants that support the Advice to Pay program related to medical specialties such as Occupational Health, Psychiatry, Cardiac, Internal Medicine. The assessment of an Advice to Pay claim includes:
1. A review of intake information. 2. Obtaining Employee’s consent to proceed with assessment discussion.
3. A telephone interview with the Employee within 3 business days of intake.
4. A telephone interview with the Board to clarify details of the essential duties of the
Employee’s occupation and any other workplace information pertinent to the absence within 3 business days of intake.
5. Obtaining additional medical such as Attending Physician’s Statement or medical report depending on nature of health condition.
6. Completion of assessment based on Best Practice Adjudication Integrity and evidence based medical guidelines. A more detailed explanation of this includes:
Our Case Management program applies five ‘best practice’ standards that act as guiding principles in managing short term absences and applying the philosophy of managing the health recovery for the whole person. The standards used for each case include: • Evidence-based – Using documented disability medical guidelines evidence (eg. Presley
Reed MDA guidelines) evidence to confirm the presence of an impairment and to confirm the application of appropriate treatment for a given diagnosis.
• Functionality – Looking at what the employee is capable of doing and comparing that level of function to the physical or cognitive demands of the job. This analysis allows the Case Manager to plan the return to work and make accommodation recommendations within the employee’s level of function.
• Multi-disciplinary – Engaging all key parties at the appropriate time. This includes contacting the employee, board, treating physician and/or health care practitioners to align the employee’s safe level of function with job demands or planned accommodations.
• Timeliness – This standard ensures consistent delivery of timely best practices applicable to service level commitments and appropriate follow up action aligning to case management intervention with the goal of ensuring a safe and timely return to work.
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7 The Manufacturers Life Insurance Company
• Rights-Based – Ensures that employee privacy and confidentiality are maintained and that decisions are compliant with laws governing human rights, employment standards, labour relations and collective agreements.
Advice to PayRecommendation A recommendation will be provided within 3 working days from the date Manulife receives referral from Employee. The recommendation is given verbally to the Employee as well as to the Board. A memo with our recommendation is sent to the Boardand Union by email. The Board will advise the Employee of salary payment. The Manulife Case Manager will make recommendations to the Employee in regards to expected duration of absence, when the next medical update is required, discussion regarding necessary tools to address barriers, Return to Work planning and required accommodations if applicable. The case manager will also indicate when the next telephonic touchpoint will take place. Furthermore, the status of the file will be shared with the Employee. Communication with the Board is in line with the above but will omit discussion of the medical condition and/or treatment. If an absence is non-supported, more detailed information will be given to the Employee as to options available to him/her. If the Employee claims the medical condition is the barrier to a Return to Work, the appeal option will be offered (see section below).
Phase 2 – AMSAssessment&Recommendation
Non-Supported Absences If the Case Manager determines that the absence is not medically supported but the Employee does not plan to return to work because of non-medical reasons, the Case Manager will inform the Board and Employee verbally. In addition to this, the Employee will receive written confirmation outlining rationale for recommendation as well as the appeal process in writing. The Board and Union will receive the same information excluding any medical details. Please refer to the Appeal Process outlined later in this document (Page 10).
Assessment Completed by Case Manager Review of intake information Telephone Interview with Employee Telephone interview with Board Identify current functional abilities Identify functional requirements of job Identify medical and/or non-medical issues Determine fitness for safe and timely
return to work
Recommendation by Case Manager to Employee, Board and Union*
Outlines whether absence supported or not
supported Anticipated Duration of Absence Expected Return to Work Date Date of Next update
* Memo sent to Board and Union by Email
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8 The Manufacturers Life Insurance Company
Case Management . Case Management is initiated once a recommendation has been made. The level of case management intervention is based on the complexity of the health related absence. This is based on the philosophy of providing the right skill and intervention at the appropriate time. The various types of intervention begin with an assessment of the complexity of the absence. It is also based on the treatment or lack of treatment that an employee is receiving. These are referred to as Early Intervention Cases, Non-Complex Cases and Complex Case Management. The criteria for these three categories are noted below. Early Intervention • If OTIP is LTD provider, referral to OTIP’s Early Intervention Rehabilitation Consultant for
contact and assessment Non-Complex Case Management • Recovery is within the expected health recovery period as determined by Best Practice
medical guidelines • One diagnosis Complex Case Management • Multiple Diagnosis • Mental Health Diagnosis • Injuries resulting from a Motor Vehicle Accident (MVA) • Workplace Illness / Injuries • Absence exceeds the expected health recovery period optimum by 2 weeks or greater • Absence that reaches 6 weeks without plan for full-time return to work by the 8th Week • Extension request beyond 7 days beyond planned return-to-work date • Employee does not have access to appropriate or timely medical care
(Treatment/Surgery/Specialist) • Recurrence of disability Critical Elements of early intervention and case management that align with Best Practices Disability Management and Evidence Based Medical guidelines are: a. Early Intervention – Treatment Facilitation b. Focus on functional ability – Return to Work planning, Rehabilitation and Work Facilitation c. Facilitated communication among all key parties d. Needs of all involved parties are addressed e. Development of realistic and goal oriented return to work plans
Treatment Facilitation:
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9 The Manufacturers Life Insurance Company
OTIP/Manulife are responsible for the core services of treatment facilitation services in case management on all cases. When specialized tasks outside of these core services are required to move a case toward resolution, the case managers may access an external certified vendor. At any time during an absence the case manager may also utilize additional resources such as:
• Medical consultant review • Independent medical examination • Peer to peer correspondence with the treatment provider • Functional Evaluation Capacities • Cognitive behaviouraltherapy • Cancer navigation (Wellspring, CAREpath) • Industrial psychologists • Vocational retraining • Work hardening • Transferable skills analysis
Return to Work Planning This intervention level is completed telephonically by the Case Manager. In the majority of cases, all of the assessment, recommendations, treatment interventions and return to work planning is completed by the case manager. In some cases (approximately 10%) there is a need for on-site support rehabilitation or work facilitation during the short term absence period. This is described in more detail below.
Return to Work Facilitation When identified as a need for on-site support by the case manager and agreed to by the Board and Employee, the Return to Work (RTW) Specialist manages on-sitereturn-to-work activity. The RTW specialist acts as a coordinator so all interested and affected parties (Employee, Board and Union; physician as necessary) are appropriately involved and informed about the goal-directed, time-specific return to work plan, work accommodation requirements, plan progress, and expected outcomes.
Functional Rehabilitation The Functional Rehabilitation Specialist engages in longer-term intervention requiring a series of meetings with the Employee, Board, and relevant health care providers to identify and then resolve functional impairments in order to enable the member’s return to work. The Functional Rehabilitation Specialist may incorporate: • Assessment of medical information to determine cognitive or physical function. • Determination of return to work barriers. • Evaluation of worksite ergonomics (workstation set-up, production sequencing).
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10 The Manufacturers Life Insurance Company
• Facilitation of treatment, identifying treatment options and facilitation referrals to health care providers when appropriate to confirm medical impairment, to promote recovery of health or to improve function.
Vocational Rehabilitation This type of rehabilitation supports a disabled member who is unable to return to a pre-disability job or another job with the original Board. The Vocational Rehabilitation Specialist works with the disabled Employee to identify potential job opportunities appropriate to the employee’s functional capacity, education, training and experience; has access to a network of specialized vocational evaluation resources to test the employee’s aptitudes, personality etc. and provides services such as resume preparation, job search straining and volunteer program placement to prepare the employee for labour market re-entry.
Appeal Process When a claim is not supported or no longer supported for medical reasons, the right of appeal is offered to the Employee. The process includes: Employee Communication: The employeeis contacted verbally by the Case Manager and also receives a letter from the Case Manager advising of this right. The letter will include an explanation of the rationale behind the decision and will outline any additional information that should be submitted should the employee wish to appeal. It also outlines the timelines to have the appeal information sent back to the Case Manager (normally 10 business days) unless there are extenuating circumstances that the employee has discussed with the case manager. Board and Union Communication:The Board and Union are contacted verbally by the Case Manager. Both the Board and the Union receive a copy of the letter sent to the Employee (excluding the medical details). The letter includes an explanation of the rationale behind the non-support recommendation, outlines any additional information that should be submitted if there is an appeal as well as timelines that the Employee has to submit the appeal. Upon receipt of the appeal from the Employee, OTIP and Manulife have a unique appeal process. This includes a first and second appeal (when required). The purpose of an appeal is to provide an objective review of the information on file and the original claim recommendation. For the first appeal, the Manulife Operations Specialist, who is independent of the claims assessment process and the Board, reviews the claim file and recommendation. The Specialist reviews all new medical information provided on appeal and if required, may need to fully investigate the claim by writing to the Employee's doctors or setting up an independent medical assessment. Upon completion of receiving all information, the Specialist will communicate results of the appeal to the Board and the Employee both verbally and in writing within 5 business days of receiving all information required for appeal. The Union is copied in on written communication as well. If the decision is to maintain the non-support recommendation, the Employee, the
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11 The Manufacturers Life Insurance Company
Boardand Union are notified of the timeline for the next appeal as well as the rationale for the decision and any outstanding information. Should a second appeal be requested, the appeal is sent to an appeal committee who makes the final appeal recommendation/decision. The appeal committee is represented by a blend of the Manulife Operations Supervisor, medical consultant and OTIP Appeal Specialist that are independent of the Board and claims assessment process and would be responsible for rendering the decision.
Phase 3 – Early Intervention and Ongoing Case Management Process
Absence Not Supported
Absence Supported
Return to Work
Early Intervention or Case Management
Preparing for transition to LTD
8 weeks before LTD, Case Manager will discuss next steps
with appropriate provider’s LTD CM to
prepare LTD application
Advise to Pay Case Closed
Seamless transition to LTD
Appeal
Return to work Absence No Longer Supported
Return to Work Facilitation Meeting
Return to Work Facilitation Meeting
(If needed)
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12 The Manufacturers Life Insurance Company
Advise to Pay Transition to Long Term Disability When the continuum of care warrants a full transition to LTD we have a strict protocol for review, at no later than mid-way in the benefit period, of all short-term cases with the Board’s LTD provider’s Case Manager to ensure that the claim as well as the Employee is prepared in the event that the absence extends into LTD. Specific attention to ongoing communication with the employee also supports an elimination of late filed LTD claims. We realize that an Employee is concerned about return to health and assurance of income replacement while disabled. As such, we ensure that, for claims that qualify, our claims administration processes support an easy transition to LTD, and for those claims that will not qualify for LTD, we provide early notification to the Employee and the Board, while continuing to manage the case to resolution. Having this smooth transition and hand off from Advice to Pay to the Board’s LTD provider’s case manager will eliminate the filing of a late LTD claim and the delay in LTD notification. Transition to Long Term Disability
Confidentiality Manulife Financial’s Privacy Policy, which includes information on how and why Manulife collects, uses, maintains and discloses personal information is available on Manulife Financial’s website: www.manulife.ca.
Advice to Pay Case Manager provides the LTD Case Manager with a copy of Advice to Pay file (with appropriate consents in place)
Advice to Pay Case Manager will review file with LTD Case Manager and develop an action plan going forward
LTD Case Manager advises Board that LTD application is being sent out to the Employee
LTD Case Manager advises Employee that LTD application is being sent to them
Week 13
Week 14
Week 18
Week 22
Week 26
LTD Case Manager follows up with Employee regarding completion of LTD application
Advice to Pay File will close and seamless transition to LTD
Appendix 2 July 5th, 2012
Payment of Reduced Income Days
When a teacher is absent for more than ten days in a school year all
reductions in pay shall be calculated as follows.
A) Days paid at 90%
A day paid at 90% salary for a day shall be calculated as a deduction
from salary based on
Grid salary x 1/194 x 10% =deduction for one day.
Any deduction is to be made in full from the next pay period.
e.g. TECT A4 max is $94682.00 x1/194x10%=$48.80
Teacher is absent for six days beyond the ten 100% paid days, the
subsequent pay would be reduced by $292.80.
B) Days paid at 66 2/3%
A day paid at 66 2/3% salary for a day shall be calculated as a deduction
from salary based on
Grid salary x 1/194 x 33 1/3%= deduction for one day.
Any deduction is to be made in full from the next pay period
e.g. TECT A4 max is $94682.00 x1/194 x 33 1/3%=$162.68
Teacher is absent for four days beyond the ten 100% paid days, the
subsequent pay would be reduced by $650.72.
Appendix 3 July 5th, 2012
DRAFT FOR LONG TE&\1 DISABILITY REVIEW
PERMISSION TO RELEASE EXPERIENCE INFOR.l\1ATION
The following is to be typed on the Policyholder's Letterhead.
Insurance Carrier Address of Present Carrier
Subject: Group Name and Policy Number(s)
Date
This letter authorizes the release of the following plan information for our group to OTIP (Ontario Teachers Insurance Plan)
Specifically, please forward:
1. Copy of current contract (or booklet if contract not available). Please include a history of plan amendments within the last three to five years.
2. Premiums and claims experience separated by year for the past three to five years for the LTD benefit Indication of whether PST is included or excluded from premium provided as well as indication of any external consulting fees included in the premium.
3. Premium rate history and basis (% of insured salary or per $1 00) including effective dates coinciding with the premium and claims experience stated in 2 The rate history should include the reason for change:
a) Due to renewal b) Due to change in plan design
4. Census data that includes for each employee date of birth, gender, salary, volumes of LTD insurance, employee class, employment status and indication of waived coverage. This should include members who are on leave that are continuing LTD coverage.
5. Current listing of disabled members that includes the employees date of disability, date of benefit commencement, date of birth, gender, salary, volume of insurance, claim status, termination date and employment status
6. Indication of whether the LTD benefit is mandatory or voluntary.
7. Indication of current premium share arrangements (taxable or non-taxable).
8. Most recent financial statement outlining the financial position including any reserve values (claims fluctuation reserves and incurred but not reported reserves) and funds on deposit in excess of required reserve amounts.
9. A summary description of the claim handling process at the board
a. Who provides claim kits b. Are completed claims kits sent directly to carrier by claimant or required to be
returned to board and board forwards to carrier.
10. A summary description of process to identify potential LTD claimants and whether early intervention rehabilitation services are provided I available.
11. A summary description of LTD continuation during a leave of absence. a. Are members allowed to suspend I continue coverage b. Are premiums billed and collected by board or paid direct to carrier
12. A summary description of return to work process from board's perspective.
This information is to be sent to Vic Medland
President Group Insurance Services, OTIP
P.O. Box 218, 125 Northfield Drive West Waterloo, ON N2J 3Z9
Thank you for your cooperation and assistance
Sincerely,
Name Title
AGREEMENT
Between:
The Huron - Superior Catholic District School Board
Hereinafter referred to as the "Board"
and-
The Ontario English Catholic Teachers' Association
Hereinafter referred to as the u Association"
Appended to the 2012-2014 Collective Agreement between OECTA and the Huron-Superior Catholic
District School Board as an Addendum are the following provisions of the updated Memorandum of
Understanding dated May 17, 2013 between the Minister of Education, and the Ontario English Catholic
Teachers' Association (hereinafter /(OECTA MOU#2"):
• • • • •
Maternity Benefits
Voluntary Unpaid Leave of Absence Program for All Bargaining Units
Unpaid Days and Offsetting Measures for Teacher Bargaining Units
Sick Leave/Short Term Sick Leave and Disability Plan
Non-Vested Retirement Gratuity for Teachers .
Where there is a conflict between any term or provision of the collective agreement between the OECTA
and the Board, the terms and provisions of the OECTA MOU#2 shall supersede the collective agreement
provision or provisions and shall govern.
Notwithstanding the foregoing, nothing contained in the July 5, 2012 MOU or the May 17, 2013 updated
MOU #2 shall modify, abridge, diminish, or derogate from the denominational rights of the Board with
respect to the interviewing, hiring or assignment of teachers to long-term or new or vacant teaching
positions with the Board.
Dated at Sault Ste. Marie, day of July, 2013.
For the Association:
MAY
1 16
making
(OECT A MOU) and the
the OECTA MOU be upc:latE!d
effort to ensure that changes to the OECTA MOU set out School Will me8SUfeS tO :!>UtJfVUJ
the m~t-""~'~''"D amendments be made to the reJJ~Uicttic•n w-.. ., ......... and Gratuities, and
effort to ensure that:
1. The changes appended without amendment to, and form part of, local collective agreements;
For changes noted as needing local disc:ussions about implementation, those discussions will commence immediately and must conclude by June 28, 2013; as follows:
a. discussions cannot inconsistent with the terms contained in the OECTA MOU and these changes or regulations and legislation;
U. Prior to the local implementation discussions meeting, the Parties shall disdose to each the local implementation issues for consideration;
There shall be a minimum of two and no more than six full-days of local implementation discussions for each bargaining unit. time requirements may be altered with mutual oontsenrt:
IV. nrtllt"~:JI::_ a request may made by either for mediation Ministry of L.auuu1
2
Effective May 1, 20131 the following enhanced maternity benefits replace the maternity benefits theOECTAMOU.
benefits are to:
• in a term or filling a long-term assignment, with the length of the benefit limited by the term of the
""'''"'"""',.." on daily casual assignments are not entitled to maternity benefits.
Eligible teachers on pregnancy leave shall receive a 100% salary through a Supplemental Employment Benefit (SEB) plan for a total of not less than eight (8) weeks immediately following the birth of her child, subject to provisions in the 2008-2012 collective agreement, but with no deduction from sick leave or the Short Term leave Disability Program (STlDP).
Teachers not eligible for a SEB plan will receive 1000~ of salary from the employer for a total of not less than eight (8) weeks with no deduction from sick leave or STlOP.
for clarity, for any part of the eight (8} weeks that falls during a period of time that is not paid (ie: summer, March Break, etc), the remainder of the eight {8) weeks of top up shall be payable after that period of time.
1 £:>:~rn<>r<: who require a longer than eight{8} week recuperation period shall have access to leave and the STOLP through the normal adjudication process.
For clarity the aforementioned eight {8) weeks of 100% salary is the minimum for all eligible teachers, but where superior entitlements exist in the 2008-2012 Collective Agreement,
superior provisions apply.
or salary replacement to the
3
provision be added to the MOU be the subject of local implementation discussions be1tWE!en the bargaining unit and the school board.
bargaining units
2. Teachers may apply up to five (5) unpaid leave of absence days for personal reasons ln each year of the Collective Agreement.
Requests unpaid days shall not be denied provided that, if necessary1 there are expected to enough available casual staff to cover for absent teachers, and subject to reasonable system and school requirements.
4. For voluntary unpaid leave days, which are scheduled in advance for the 2013~2014 school year, the salary deduction will be equalized over the pay periods of the 2013-14 school year provided the requests are made writing by May 31, 2013.
5. It is understood that teachers taking a voluntary unpaid leave day shall be required to provide appropriate work for each of their classes and other regular teaching and assessment responsibilities including but not limited to preparation of report cards and exams.
6. for voluntary unpaid leave of absence days will not normally include the first week following the start of each semester (other than an August PO day), the week prior to the start of exams, and the exam period.
7. Voluntary unpaid leaves shall reported as approved leaves of absence for purposes the Ontario
9.
Pension Phm OMERS.
Bargaining on a monthly
on
4
1. Voh.mtary Unpaid Leave Absence Program
delivery of professional Oct 1013 PO day will be used to provide funding for offsetting measures equivalent to 16~ of the cost of an unpaid day. Further, this PO day will be a day reserved for the delivery of Ministry priorities.
3. An Retirement incentive Pian (ERIP) will be introduced in the event that the 58\rm~lS in #1 and #1 are not projected to provide sufficient cost recovery for one unpaid day across the Bargaining
If necessary savings are achieved in #1 and #2 the Board may choose to implement the ERIP program at its discretion.
The ERIP shall form of a $5000 payment to any t-o~~o!:ll'"'~"~•~r who retires between the of November 1013 and the day of 1.
Board shall 30,2013.
notice of the implementation of ER~P no later than November
5
This provision shall discussions between
to
not
to the MOU and be the subject of local implementation bargaining unit and the school board.
A reconciliation committee will created with representation from the Board Bargaining Unit.
committee will meet monthly starting in June 2013to track targeted savings and expenditures. The cost the ERIP shall be deducted from savings. All relevant information required to monitor and administer the reconciliation shall be fully shared between the parties.
In the event that by November 30, 20131 savings are not on target to meet the financial goal equivalent to at least one (1) unpaid day, the ERIP program will be implemented. In the event of a dispute between the Board and Bargaining Unit about the financial necessity for an ERIP, the Board may choose not to offer the ERIP program. However/ in the event that the financial savings for the cost recovery for the unpaid day are not subsequently achieved, the permanent
shall not required to take an unpaid day on March 7, 2014.
Attendance Recognition
A Savings Initiative (SSI) shall be established in every bargaining unit. SSI shall operate as follows:
usage for school year shall be as 2008-2012 collective agreement shall be determined as
at
6
is to
1 to topping from to
extend beyond the (11) sick leave days, access to a leave top for the purpose of topping up
salary to one hundred percent (100~) under the Short Term leave and Disability Plan.
prior year.
2. In 2012-13, the transition year, each teacher shall begin the year with two days in the top-up bank.
In addition to the top-up bank, compassionate leave top-up may be considered at the discretion of the board. The compassionate leave top-up will not exceed two (2) days and is dependent on having two (2) unused leave days in the current year. days can be used to top-up salary under the STIDP.
When teachers use any of a short term sitk leave day they may access top-up bank to top up their salary to 100~.
on
at
2. at
16
SPrltPamb!Pr 1, rolled:ive agreement. The sick leave plan
1. A. teacher who was previously entitled to sick leave under the 2008-2012 collective agreement wm entitled to this sick leave plan. In addition the sick leave is also available to:
• Teachers hired in a term position or filling a long-term assignment, with length the sick leave limited by the of the assignment.
2. Each school year, a teacher shall be 100 ~of regular salary for to eleven (11} days of absence due to illness. Illness shall be defined as per the 2008-12 collective agreement. Part-time teachers shall be paid 100~ of their regular salary (as per their fuU-time equivalent status) for up to eleven (11) days of absence due to illness. Such days shall be granted on September 1 year, or on teacher's first work day of the school provided the teacher is actively at work and shall not accumulate from year-to-year.
3. Where a teacher is ~1<\c.e. ... t- due to sickness or injury on his or her first work day a credit may only be used respect of that day in accordance
"'~'~~"we agreement, nuru• ...... under a policy the as it
on orher any
workday a day
d) greater certainty, the references 3a)~ b) and c) to a or injury indude a sickness or injury of a person other than the teacher pursuant to the definition of illness in section l, the teacher is entitled to use a skk credit in respect a day on which the other person is sick or injured.
e) A partial sick leave credit or short term sick leave credit will deducted for an absence due to illness for a partial day.
i. However, WSIB and lTD providers are first payers. In cases where the teacher is returning to work from an absence funded through WSIB or lTD, the return to protocols inherent in the WSIB/lTD shall take
4. Any in the 2008-12 Collective Agreement, that utilizes deduction
5.
7.
from sick leave, for reasons other than personal illness shall be granted without loss of salary or deduction from sick leave~ to a maximum of five (S) days per school
coiiective agreements that currently less than five (5) days shall remain at that number. collective agreements that have more than five (5) days
days. days shall not used for the purpose sick leave nor from year-to-year.
assessments • ., ....... ,.." Prt1~t~r::uTL for darlty,. current
9 16
8. beyond the eleven SedtfOn 2 dU'-nn:,
9. Short~Term leave and Disability {STlDP) shall for personal including medial
10. Board's Disability Management Teams shall determine eUgibility for the leave and Disability Plan (STlDP) subject to the terms and conditions
2008-2012 agreement and/or board policies, procedures and practices in place during the 2011~2012 school year.
Short~ Term and Disability Plan ToJ:H.ip (STI.OPT)
11. for teacher absences that extend beyond the eleven (11) sick leave days'" teachers
14.
will have access to a sick top up for the purpose of topping up salary to one hundred percent (100") under the Short Term leave and Disability Plan.
This top up is calculated as follows: • Eleven (11) days the number of sick days used in the prior year.
In 2012-13, the transition year, each teacher shall begin the year with two (2) days In top-up bank.
too-uo bank, compassionate leave too-uo the The compassionate leave ~ouu-uu
oi!l>r:ti!l>nni!l>!'liT on having two (2) unused leave under
16
tO flfl a teacfilng:acc:<ID~nl'l'l~l\1'
@l@'ll@n (11) days of Sick and sixty
11
with minimum number of of service have frozen as of These teachers shall be entitled to a
Payment calculated as the lesser board's amount calculated under the board's collective agreement as of August 31, (or board policy as of that date} or the following formula:
30 y 200
= Gratuity Wind-Up Payment
X= years of service (as of August 31, 2012}
V =accumulated sick days (as of August 31, 2012)
Z = annual salary (as of August 31, 2012)
clarity, Y, and Z shall be as defined in the 2008-2012 collective agreement or as per policy or practice of the board for retirement gratuity purposes.
The Gratuity Wind-Up Payment shall be paid to each teacher by the end of the school year.
pay-out for those who have vested Retirement Gratuities shall be as per ONT. REG. 2/13 and 12/13 under PUTTING STUDENTS FIRST 2012 and ONT. REG. 1/13 and
the EDUCATION
The Government, and in particular the Ministry of Finance, commits to a full discussion with about of a provincial benefits plan.
province agrees to provide funding which will include administration costs, legal costs, and costs of experts to undertake any studies and research required.
16
Use of Leave (11 + up to 5 Days)
Partial Days
WSIB
a memo to "'"'"J"\"'1 nn:::lorn<:
.. t+,orrh'"' date September 1,
Memo - Clarifications to 2012 MOU
• Illness is defined as per the 2008-12 school board collective ::tar'<=>""'""'"'nr.::
use of these days. • Board practices and policies from 2008-12 would apply to the definition of
illness, for example, the practice or policy on medical procedures not covered by OHIP.
• for clarity, definitions and practices in place in accordance with the n<>r'tnn cannot be rn::~,ncr<:of'l
• Boards are required to retroactively top-up the teacher's salary from 66.67% to 90% where the absence is supported through adjudication. The adjudication process should be applied as soon as possible once it is determined that the Wness will require an absence of 5 consecutive work days or more or that the illness is chronic in nature.
• process for teachers should be well documented and communicated and service standards must be ln place.
• The 11 + 120 sick days are divisible boards should deduct a partial day a partial day's absence.
• Top up of days for graduated return to work days are as per the current practice under OECTA's collective agreements
• awaiting WSIB adjudication would be paid 100 percent of .-. ..... , .... .-salary for the first 11 days (assuming that teacher had not previously taken sick days); and 66.67 percent of regular salary for the remaining (up to 120) days during waiting period
• If the board has not done ~ WSIB
is
16
I
,.., >lll' I
( i.1rdtl.l!tun•
7. Maternity leave • When a teacher is eligible to receive El benefrts under the maternity plan, the maternity benefits will be administered as a SEB plan.
• When a teacher is not eligible to receive El benefrt:s, the maternity benefits will be paid at 100% salary for the period.
8. Maternity • Boards shall provide short-term sick leave before or after the maternity leave Benefits when medical evidence is provided in accordance with the practices in place
during the 2008-2012 collective agreement. 9. Benefits • Benefit levels and practices are to be status-quo in accordance with Section E of
the OECT A MOU. • Benefrt Surpluses are subject to Section E of the OECT A MOU .
10. Grid- • Boards who have provisions in their collective agreement that apply grid Qualifications movements retroactively, for example, to Jan 1st, would apply the change on
the 97th day (the delay in this instance is calculated from the start of the school year).
11. local Bargaining • MOUs were imbedded in to the collective agreement through the imposition of the PSFA.
• The 2012-14 OECTA collective agreements consist of: 0 MOU between the Ministry and OECTA dated July 5, 2012, including
enhancements 0 2008-12 collective agreement, modified, as applicable, by Minister
approved amendments, with the exception of those 2008-12 provisions that do not agree with the OECTA MOU or supporting legislation and regulations.
12. Top-up Days • Irrespective of adjudication the top-up days may be accessed to top-up from 90%to 100%.
13. Disclosure of • Dates of disclosure must be clear. The government will ensure that school
~' Information boards meet reporting timelines and that information will be sent to the Association as soon as possible. .
14. lette~s of intent • All letters of intent, understanding, minutes of settlement or any other or understanding, memoranda, contatned in or pertaining to the 2008-12 collective agreements, minutes of dealing with any term or condition of a collective agreement or any other term
I settlement, etc. or condition negotiated between the parties, shall continue in force and effect pertaining to the until negotiated by the parties.
I 2008-12
I collective
I agreement
I I remain in effect.
15 of 16
For Union
16 of 16
ADDENDUM to
THE COLLECTIVE AGREEEMENT September 1, 2008 to August 31,2012
between
Huron·Superior Catholic District School Board
and
The Huron-Superior Teachers Employed by the Board Represented by
The Ontario English Catholic Teachers' Association
Effective September 1. 2010 the following amendments to Item 6.00 shall be in force and shall be incorporated into the Collective Agreement between the parties, on a go forward basis. as per The Provincial Discussion Table (PDT), May 1, 2008, Section 17 and Letter of Understanding: Re Benefits. The amendments listed below shall be incorporated in the Teacher Benefit booklet and the Master Policy on the effective date.
The amendments are as set out below:
• Increase in eyeglasses and contact lenses from $200 I 24 months to $3 50 I 24 months • Increase in orthotics from $150 I calendar year to $250 I calendar year • Increase in wigs from $100 lifetime as a result of chemotherapy to $300 lifetime as a
result of chemotherapy • Increase in massage therapy from $500 I calendar year maximum with no per visit limit
to $600 I calendar year maximum with no per visit limit • Increase in orthodontic coverage from 60% reimbursement and a $2,000 lifetime
maximum for adults and children to 60o/o reimbursement and a $3.000 lifetime maximum • Increase in hearing aid coverage from $300 I 5 consecutive years to $600 I 5 consecutive
years
On or betbre September 15. 20 I 0. a copy of this Addendum shall be forwarded to each Teacher and shall be incorporated into the existing electronic coy of the 2008-2012 Collective Agreement between the parties and the Teacher Benefit Booklet.
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Signed this _!}__day of July. 2010 at Sault Ste. Marie. Ontario.
For The Teachers Bargaining Unit:
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