collective agreement between united synagogue day school -and- the federation … and... ·...

TERM: September 1, 2008 to August 31, 2011

COLLECTIVE AGREEMENT

BETWEEN

UNITED SYNAGOGUE DAY SCHOOL

-AND-

THE FEDERATION OF TEACHERS HEBREW SCHOOLS

1.

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Article 1 • DEFINITIONS

1.01 "Credit" means a sick leave credit entitling a Teacher to payment of salary for one day under the provisions of this Collective Agreement during absence from duty.

1.02 "Permanent Teacher" means a Teacher employed by the School with more than three (3) school years' seniority with the School, or who has been granted Permanent Teacher status by the School prior to obtaining three years seniority.

1.03 "Probationary Teacher" means a Teacher who is not a Permanent Teacher.

1.04 "School Year" means the period between the day after Labour Day and June 301

h of the following calendar year. It is agreed that teachers whether full-time or part-time are hired by the School on condition that they are prepared to participate in such seminars, orientation sessions, and teachers' meetings as may be arranged for up to two full days during the last seven calendar days immediately preceding the commencement of the School year and such meetings shall not be held on Friday Saturday, Sunday nor on a statutory holiday. The School will endeavour to schedule the aforementioned two sessions on a Wednesday and Thursday in 2010 and 2011.

1.05 "Teacher" means any probationary, or permanent person or Long-Term Occasional Teachers (as defined herein) employed in a teaching capacity in the classroom or to perform activities associated with the classroom and who have been found qualified by the Qualifications Committee established pursuant to Section 13.10 of this Agreement, but does not include the Principals or those persons who are above the rank of Principal.

1.06 "Long-Term Occasional Teacher" ("L TO") means a teacher hired to replace a Teacher on a long-term leave of absence who shall have the status equivalent to that of a probationary Teacher covered by Article 7.01(b) of this Collective Agreement once they have completed twenty (20) consecutive teaching days of replacing the Teacher on leave (except that any notice or payments required under any sub-article of Article 7 of the Collective Agreement do not apply to L TO's). It is further understood that the decision to hire or terminate the employment of an L TO at any time is in the absolute discretion of the School and shall not be made the subject matter of a grievance.

The maximum length a Teacher shall be on such L TO status shall be two (2) consecutive years. In the event that the L TO is employed beyond two (2) consecutive years, the L TO shall become a probationary Teacher (with all the rights and benefits of a probationary Teacher under this Collective Agreement) and shall be granted credit for the time taught for the purposes of eligibility for permanency and/or tenure and/or seniority as the case may be.

Collective Agreement- USDS & FTHS

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Article 2 • RECOGNITION

2.01 (a) The School recognizes the Federation as the sole Collective Bargaining agent for all Teachers and Tutors employed by the School in Metropolitan Toronto, Richmond Hill and Vaughn in the field of Jewish education save and except the Principal, the non-teaching Vice-Principal, and non-teaching librarians and those above the rank of Principal. The Federation's bargaining unit does not include General Studies Teachers.

(b) Persons teaching less than five (5) periods middle school or five (5) hours elementary per week are not included in the bargaining unit and this Agreement does not cover them.

2.01 The School may assign six (6) hours or periods, or less, teaching duties to a Vice-Principal excluded from the bargaining unit provided that:

(a) No Teacher will have teaching hours reduced as a result;

(b) No Teacher will be in a status of reduced hours at such time;

(c) No Teacher will be transferred to Elementary from Middle School as a result, unless:

i) the Federation has received notice of the School's plan to do so, and

ii) the affected Teacher has consented in writing:

(d) Should hours have to be reduced such Vice-Principal's will be reduced first. /

Collective Agreement - USDS & FTHS

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Article 3 ·FEDERATION SECURITY AND DUES DEDUCTION

3.01 The School agrees that it shall deduct from the pay cheque of each Teacher, who shall sign a Payroll Deduction and Disclosure Authorization Card, a sum certified by the Secretary of the Federation to be initiation fees and Federation dues. Payroll Deductions and Disclosure Authorization Cards shall be valid for the term of this Collective Agreement, and shall continue thereafter so long as a Collective Agreement continues between the School and the Federation.

3.02 The School hereby agrees that the sums deducted in accordance with Article 3.01 shall be forwarded to the Federation within thirty (30) days of the end of the month in which said deduction is made, together with a list of all Teachers for whom such deductions were made and the amount of their monthly pay cheque. Payroll Deduction and Disclosure Authorization Cards duly signed by all staff covered by this Agreement shall be given to the School by the Federation following the signing of this Agreement or within thirty (30) days of the beginning of a Teacher's employment at the School or at the beginning of every year of employment.

3.03 The Federation agrees to indemnify and hold harmless the School from any action brought against the School by any Teacher as a result of the aforementioned deductions.

3.04 Any Teacher whose date of employment commences after the beginning of the School Year shall have a pro rata amount of the annual dues deducted according to the number of months of employment remaining during the remainder of the School Year.

3.05 All Teachers employed by the School, must as a condition of employment or continued employment, be members in good standing of the Federation and sign the Payroll Deduction and Disclosure Authorization Card. Teachers hired by the School who are not members of the Federation must join the Federation within thirty (30) days of the commencement of their employment. The School shall not, however, be required to terminate a Teacher because that Teacher has been denied or expelled from membership in the Federation.

3.06 The School will confirm any change to a Teacher's' 'step on scale' by September 30th of each School Year. The School will also confirm a new teacher's 'step on scale' within 30 days of commencing employment provided that the BJE has provided such information to the School.


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Article 4 ·RELATIONSHIP

4.01 The School shall allow the Federation the reasonable use of a meeting room as available in the School premises for the conduct of Federation meetings as they may be scheduled from time to time outside the School hours. There shall be no charge for the provision of such room in the case of regular business meetings of the Federation.

4.02 Any correspondence regarding a grievance filed by a Teacher shall be sent both to the Teacher and the Federation.

4.03 The School shall make available to the Federation, a bulletin board for Federation business on the premises. The Federation shall be entitled to place correspondence in the mail box of any Teacher. Both of these privileges are granted subject to their being used only for proper and reasonable purpose.

4.04 The Federation agrees to share equally with the School the cost of printing this Agreement in sufficient quantity to provide for distribution to all Teachers covered by it. The School shall arrange for the printing as soon as possible after formal acceptance.

4.05 Any teacher who requires a copy of a document that was previously provided to her by the School, may request a copy in writing and the request will not be unreasonably denied.

4.06 The School will provide a copy of any written evaluation to a Teacher within twenty teaching days of the date of last observation by the School in the course of conducting an evaluation. The School will provide the Teacher who has been evaluated with verbal feedback within ten teaching days of the date of the last observation that occurred during the evaluation process. The Teacher will have the right to place a written response with the written evaluation in the Teacher's personnel file.

The School will advise a Teacher in writing of any record of discipline that is recorded in a Teacher's personnel file.

The School agrees that any complaints by parents of students will first be directed to the Teacher of those students. Other than situations that raise imminent danger to the students or their families, the School agrees that it will not process complaints of parents until such complaints have first been raised with the teacher involved.


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Article 5 ·GRIEVANCE PROCEDURE

5.01 The School and the Federation agree that the designated grievance procedure as hereinafter set forth shall serve as and constitute the agreed upon means to be utilized by the griever for the prompt disposition, decision and final settlement of a grievance arising in respect of the interpretation, application, administrator, or alleged violation of this agreement, and the specifically designated grievance procedure shall be followed strictly.

Whenever the term "grievance procedure" is used in this Agreement, it shall be considered as including the arbitration procedure.

5.02 STEP ONE A Teacher who has a grievance shall notify the Principal, in writing, of the grievance within thirty (30) days of the matter or event first becoming known (or reasonably ought to be known) to the Teacher. They shall meet and discuss the grievance within ten (10) days. In all discussions of the grievance following notification, the Teacher may be accompanied by a School representative of the Federation.

5.03 STEP TWO If the grievance is not resolved within ten (10) School days under Step One, the Federation may, within the next ten (10) School days, refer the grievance to an ad hoc sub-committee or representative of the Personnel or Executive Committee appointed for that purpose by the School, in writing, on a form supplied by the Federation, which shall be signed by the Teacher and a Federation official, and a copy shall be given to the Principal or the Teacher's immediate superior. The representative shall attempt to resolve the grievance within ten ( 1 0) School days of receipt of the grievance in writing. A reply to the grievance must be sent to the Teacher concerned and to the Federation.

5.04 Following completion of Step Two, the parties may decide to pursue discussions between their respective representatives and/or to proceed to arbitration.

5.05 Any grievance may be referred to arbitration as provided for below after the time limits set out in Articles 5.02, 5.03 or 5.04, have elapsed, and within sixty (60) days thereof or such longer period as the parties agree to in writing.

5.06 All time limits are directory unless otherwise specified; they are, however, important and are not to be breached without good cause.

5.07 A decision or settlement reached at any stage of the grievance procedure shall be final and binding upon all parties thereto, and shall not be subject to reopening by any party except by agreement in writing. Either party shall have the right to require the attendance of the griever at any meeting held pursuant to the grievance procedure.


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Article 5.08 - POLICY GRIEVANCE

5.08 (a) The Federation or School may initiate a grievance in regard to any matter beginning at Step Two of the grievance procedure. The Federation or School shall initiate such policy or group grievance by giving notice to the other party within thirty (30) School days following the day that the cause for the grievance became known or reasonably ought to have been known to the grieving party.

(b) The time within which such grievance may be brought may extend up to thirty (30 days beyond the term of this Agreement if the day the cause became known or reasonably ought to have been known is within thirty (30) School days preceding the end of the term of this Agreement.


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Article 6 ·ARBITRATION

6.01 Where a party wishes to refer a grievance to arbitration relating to the interpretation, application, administration, or alleged violation of this Agreement including any question as to whether a matter is arbitrable, it may, after the grievance procedure established by this Agreement has been compiled with, notify the other party in writing of its desire to submit the grievance to arbitration. The notice shall contain the name of the School or Federation's appointee, as the case may be, to an arbitration board and shall be delivered to the other party in writing, who shall, within fifteen ( 15) School days, advise the School or Federation, as the case may be, of the name of its appointee to the arbitration board.

6.02 The two (2) appointees so selected shall, within ten (10) days of the appointment of the second of them or a time mutually agreed upon, appoint a third person who shall be the chairman. If either party fails to appoint an arbitrator, or if the appointees fail to agree upon a chairman, within the time limit, the appointment shall be made by the Minister of Labour upon the request of either part pursuant to the provisions of the Ontario Labour Relations Act.

6.03 The arbitration is to be governed by the following provisions:

(a) the arbitration board shall hear and determine the grievance(s) and shall issue a decision which is final and binding upon the parties and upon any employee or employer affected by it;

(b) the decision of a majority is the decision of the arbitration board but, if there is no majority, the decision of the chairman governs;

(c) the board shall determine its own procedure, but shall give full opportunity to all parties to present evidence and make representations;

(d) the board shall not have the power to alter or amend any of the provisions of this Agreement;

(e) the parties and the arbitrator shall have reasonable access to the employer's premises to view working conditions or operations which may be relevant to the resolution of a grievance;

(f) the board shall have power to amend a grievance, modify penalties, relieve against non-compliance with time limits, or other technicality or irregularity;

(g) the board shall have jurisdiction to determine whether a grievance is arbitrable.

6.04 A Teacher may be disciplined only for cause.


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6.05 No person shall be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance.

6.06 Each of the parties shall bear the expenses of its own appointee and the parties shall jointly share the expenses of the chairman of the arbitration board.

6.07 No action of any kind shall be taken against any person because of his participation in the grievance or arbitration procedures under the Agreement.

6.08 The parties may, by mutual consent, agree on the appointment of a single arbitrator who shall have the same powers and be subject to the same limitations as apply to a Board of Arbitration established in accordance with this Article.


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Article 7 ·TERMINATION AND SENIORITY

7.01 (a) No Permanent Teacher may be terminated except for cause or on account of diminished enrolment.

(b) All new Teachers shall be engaged subject to the absolute right of the School to terminate such a Teacher's employment within ninety (90) days of the first day of teaching. A new Teacher terminated hereunder shall be given one (1) month's severance pay from the date of termination.

(c) During the first three (3) years of a Teacher's employment, he/she will be considered as being on probation, and employment will continue during this period at the discretion of the School subject to Article 7.08. Absences from teaching duties of more than twenty (20) weeks in any School Year during the probationary period, will require an extension of the probationary period for an additional School year. A teacher who has successfully completed the three (3) year probationary period, and who has been re-engaged for a fourth consecutive School year in the School will be regarded as a Permanent Teacher. It is also understood that 'years of employment' with the School for the purposes of becoming a Permanent Teacher will be calculated based on the formula referred to in Article 7.04(a).

7.02 If the employment of a permanent Teacher is terminated by reason of diminished enrolment or deletion of courses, such termination will be in reverse order of seniority subject to the Teacher with the greater seniority being fully qualified to immediately perform the work and teaching duties as required by the School and, in the case of Middle School Teachers, subject to the Middle School Teacher having taught the necessary courses within the last five years (prior to the date of termination) at the School. It is understood that this Article will be applied by the School provided only that the Teachers remaining in the School are capable of teaching the curriculum of the School effectively. A Permanent Teacher who is terminated, will retain the seniority that she/he accumulated as at the date of termination for a period of two School years and may be recalled during such two year period should the School require additional teachers for a course that the Teacher is qualified to teach. Where two or more Teachers are available for recall pursuant to the above provision, the Teacher with the most seniority who has been terminated, will be the first to be recalled.

7.03 (a) "Seniority" will mean the length of service of a Permanent Teacher with the School since the last date of hire, subject to the provisions of this Agreement. A leave of absence as provided for in this Agreement does not constitute a break in seniority.

(b) A seniority list will be prepared using the following criteria: (i) number of years of continuous years of teaching with

the School, since the date of last hire, and if equal, (ii) aggregate teaching experience at other Hebrew day

schools in Toronto for the purposes of Article 7.02


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situations only, and if equal, (iii) date of hire.

It is understood that Permanent Teachers who are in the employ of the School as at the date of ratification of the collective agreement, and who have accumulated seniority based on aggregate teaching experience with the School, will continue to accumulate such seniority as it is calculated on this basis notwithstanding the amended language in Article 7.03 of the collective agreement."

The School will provide a representative of the Federation with a copy of the seniority list based on the relevant articles in this Agreement by November 3oth of each School year.

7.04 (a) For the purpose of Clause 7.03, one (1) year's teaching experience shall be credited for any School Year in which a Teacher has regularly taught fifteen (15) hours or more per week, or, in Middle School, fifteen ( 15) periods per week. If a Teacher has taught less periods, hours, or weeks, such experience shall be calculated as a pro-rated portion of one ( 1) year's teaching experience.

(b) Teachers hired during the School Year shall be granted their seniority credit in accordance with ( 1) in the following manner:

i) if engaged before December 31 - full year credit

ii) if engaged on or after December 31 - no credit

7.05 Where a Permanent Teacher is to be terminated pursuant to Article 7.02, the Teacher shall receive notice on or before April 30. Such termination shall not take effect until the end of the School Year. Failure to provide notice shall render any such termination null and void.

7.06 Where the school, by reason of diminished enrolment or course deletion, has been forced to terminate the employment of a permanent Teacher and notice has not been forthcoming to the Teacher by April 30, and the Teacher is unable to obtain employment for the following School Year, after having made reasonable and sustained efforts to do so, the School shall pay to that Teacher an amount equal to one month's salary for each year of service to the School, up to a maximum of ten months, at his/her current rate, until he/she is employed in a similar position, whichever occurs first.

Such payments are to be made on a monthly basis commencing in September of the School Year in which termination occurred.

For the purposes of this Article 7.06, one month's salary shall, in normal circumstances, mean one tenth of the Teacher's total annual salary.

7.07 If, pursuant to Article 7.02, a Teacher is terminated or has his or her hours reduced, and a vacancy or an increase in available hours occurs within two (2) years of


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such termination or reduction of hours for which the Teacher is qualified to fill, he or she shall be notified, and such Teacher shall be recalled, or shall have his or her hours increased, as the case may be. If there are two (2) or more Teachers who could be recalled or whose hours could be increased, they shall be recalled or have their hours increased as the case may be, in order of most seniority first.

7.08 The School may terminate the employment of a Probationary Teacher in its absolute discretion and without the termination being subject to the grievance or arbitration procedures of the Collective Agreement provided that such termination is not arbitrary, discriminatory, or in bad faith. Without limiting the generality of the foregoing, the School may terminate for performance deemed inadequate by the School or because of incompatibility with students, fellow teachers, parents, supervisory personnel, or the community within which the School operates.

7.09 For the purpose of Article 7.08, "arbitrary" shall mean capnctous, nonrational and without any consideration, "discriminatory" shall mean for a reason which constitutes impermissible discrimination under the Ontario Human Rights Code: and "bad faith" shall mean for a sinister motive.

7.10 A Probationary Teacher being terminated in accordance with Article 7.08 shall be notified on or before April 30. During the first year of employment, a Probationary Teacher may be terminated effective December 31, with notice by November 30.

7.11 A teacher shall give the School written notice of termination of employment not later than April 30th effective June 30th, or, November 30th effective December 31 5

\ of the School Year. Termination of employment at any other date shall be by mutual consent only between the Teacher and the School, subject to the right of the School to dismiss the Teacher for cause, or as otherwise provided for in this Agreement.

7.12 The school may hire substitute teachers for whatever period of time they are required.

7.13 When the number of teaching hours for a Permanent Teacher is reduced by the School by reason of diminished enrolment, or course deletion, the School will make up the Teacher's salary to the level which would have prevailed if the Teacher's hours had not been reduced, subject to the following: Make-up in accordance with the foregoing will be maintained on the basis of one month of make up for each year of such Teacher's employment at the School to a maximum of ten months of make up. Thereafter, the reduced number of hours will be deemed to be that Teacher's regular number of teaching hours and make-up shall be discontinued. During any period for which a Teacher is receiving make-up in accordance with the foregoing, such Teacher shall perform such duties as are required for the hours for which make up pay is being provided (including educational or administrative duties assigned by the School). For the sake of clarity, it is agreed that in calculating the Teacher's summer months salary


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payments, full credit will be given to the School for any salary that has been paid during the year as make up.

Notwithstanding the number or hours or periods that a Permanent Teacher actually teaches or has taught, the pay that is calculated during the make up period cannot exceed the number of hours of a full time teacher, namely: (a) In the Middle School - thirty two and one-half (32.5) periods in a week (which includes advisory and/or duty periods) and, (b) In the pre-school and elementary school - thirty hours per week.

7.14 Where the School has additional permanent teaching hours to assign, it shall notify current Teachers on staff and will consider an application from any such Teacher who is qualified to work the additional hours and is not working a full teaching load.

7.15 When the School knows sufficiently in advance that a Teacher will be asked to change locations, it shall so advise the Teacher at least four weeks before commencement of the School Year. When an event occurs so close to the commencement of the school Year that the School cannot give such notice, then the School will give such notice as it can in the circumstances.

7.16 When the School has an administrative position to fill, it will notify the teachers by posting the position at each campus and provide a copy of the posting to the Federation representative. The School will consider applications from teachers on the same basis as it considers other applications. The notice shall state the qualifications and other criteria required for the position, and the same shall be used in evaluating applications.


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Article 8 ·LEAVES OF ABSENCE

8.01 Leaves of absence shall be granted by the School without loss of salary and without deduction of sick leave credits for the purpose of:

(i) writing University, Yeshiva (Seminary), or professional examinations related to the teaching profession: (two days)

(ii) attending that Teacher's own graduation; (one day)

(iii) attending Court for non-civil matters either as a person charged or as a party in any action in which that Teacher's presence is required by law, where arrangement cannot be made to attend Night Court; (three days)

(iv) compassionate leave during the period of the Shiva at the time of the death of a member of that Teacher's "immediate family "which includes parents, grandparents, spouses, parents of spouses, children, brothers, and sisters. Two additional days shall be provided if travel in excess of 200 kilometers each way from Toronto City Hall is required for the Shiva

(v) quarantine by order of the Medical Officer of Health or by order of School Medical Advisor advising non-attendance of Teacher in class (up to ten (1 0) days)

(vi) jury duty or duty as a witness in any Court to which he/she has been summoned in any proceedings to which he/she is not a party or one of the persons charged provided that the Teacher pays to the School any fees exclusive of travelling allowances and living expenses received as a juror or witness, and provided that in the case of jury duty, the School may apply on behalf of the Teacher for an exemption if School requirements make such necessary; (as required)

(vii) special circumstances for reasons approved by the School in writing prior to the absence

(viii) Federation duties requiring the presence of Federation Executive member(s) or representatives arising from the interpretation or application of this Agreement to a maximum of six (6) person-days per School Year

(ix) Moving day: (one day)

The number of days set out above are on a per School Year basis and cannot be banked or accumulated in any manner.

8:02 Leaves of absence may be granted by the School for personal reasons without pay or any other form of compensation to the Teacher. These may be granted under special circumstances at the absolute discretion of the School, and such leave


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shall not be unreasonably withheld. It is understood that a teacher who is granted a leave of absence shall not accept gainful employment elsewhere while on such leave without the express written authorization of the School. A teacher who is granted a leave of absence and accepts employment with another employer during the leave without the School's authorization, or who uses the leave for a purpose other than for the purpose for which the leave was authorized, will be deemed to have terminated his/her employment with the School.

Written application for such absences shall be submitted to the Head of School and to the Campus Principal and to the Hebrew Studies Principal, or their equivalents, as soon as possible. Every effort will be made to provide such written application a minimum of ten (1 0) days in advance of the requested absence.

8.03 Leave of absence shall be granted by the School with deduction of sick leave credits, or at the option of the Teacher, without pay and without deduction of sick leave credits, upon reasonable notice for the following:

(a) attending a funeral of a relative;

(b) caring for a member of the Teacher's immediate family in the case of serious illness and other help is not available;

(c) special circumstances approved by the School.

(d) attending Simchas (defined herein as "attendance at a child's wedding or bar mitzvah or bat mitzvah, or child's circumcision). Such payment will be deducted from the teacher's sick leave bank, notwithstanding any other provision of this Agreement.

In the above cases, any days beyond one (1) are to be granted at the absolute discretion of the School.

8.04 No Teacher shall be laid off or otherwise adversely affected in her employment because of pregnancy. The employer may require an employee to commence a leave of absence, only at such time as the employee, as a result of pregnancy, cannot perform her duties. Where a Teacher provides the School with a certificate of a qualified medical practitioner indicating that the Teacher is able to perform the duties of her position, the School shall not require such Teacher to commence a leave of absence or otherwise adversely affect her employment. For the purposes of this clause, the duties a Teacher must be able to perform will not include yard or stair duty.

8.05 A Teacher who has been employed for one (1) School Year is entitled, on application to the School, to maternity leave without pay, provided that she provides the School with a letter from a qualified medical practitioner confirming her pregnancy and indicating the expected date of birth. The normal length of such leave shall be a


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minimum of seventeen (17) weeks, and shall be comprised of at least eleven (11) weeks prior to the expected birth and six (6) weeks after such birth.

Extended leave shall be granted on request made not later than the thirteenth (13th) week of the normal leave for a maximum of two (2) years. An extended leave granted for less than two (2) years may be further extended up to the two (2) year maximum upon request and in the School's discretion. Any such leave shall end only at the beginning of a School term (i.e. approximately September 1, or January 1 of any year).

8.06 The School will be informed of a Teacher's pregnancy as soon as reasonably possible. A teacher who intends to take a maternity leave will provide the School with written advance notice of the date of the commencement of the leave and a written confirmation of the expected date of return to teaching duties. If a teacher on maternity leave wishes to return to the School prior to the expected date of return, a minimum of four (4) weeks' written notice will be given to the Principal and if arrangements can be made, she will be reinstated. Requests for extensions to the leave of absence will be made in writing and will be submitted as soon as possible but no less than four (4) weeks' prior to the end of the regular maternity leave. The request for the extension will include the date when the teacher expects to return to normal teaching duties. The School will respond to a teacher's request for an extension in writing and will provide the Federation with a copy of the response.

8.07 While on maternity leave, Teachers shall not lose accumulated seniority that was accumulated up to the point of the commencement of such leave. Such seniority will be that which was in existence at the time of the commencement of the leave. When the School reinstates a non-Permanent teacher at the end of a leave, she shall be reinstated with seniority accumulated as at the date of the commencement of the leave and the seniority list and any Probationary period, as the case may be, will be adjusted accordingly. During the period of the maternity leave, the School will continue to pay all benefits that are referred to in this Agreement. It is understood that no benefits are paid and no seniority accrues during any period of an extended leave of absence that is granted by the School under this Article.

8.08 Upon giving four (4) weeks' notice to the School, a Teacher on normal (17 weeks) pregnancy leave shall be allowed to return to the position which she held prior to the commencement of her leave. If her former position no longer exists, she shall be given other work of a comparable nature, at not less than the wage rate prevailing at the time she commenced her leave of absence, plus increases she would have obtained had she not been on leave.

8.09 Male staff members shall be granted a paternity leave of absence for a period not exceeding one (1) day with pay, such period being taken immediately after the birth of the child or upon the return home of the mother and child, provided that a male Teacher may have four (4) additional days without pay at his request.


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8.10 A Teacher who has been employed by the School for a period of at least one (1) year immediately prior to the request for an adoption leave shall be eligible for adoption leave.

8.11 Eligible female Teachers shall be granted an adoption leave of absence for a period of up to thirty (30) calendar days without pay. Eligible male Teachers shall be granted such an absence for up to four (4) calendar days without pay. The Teacher and the School will attempt to agree on a mutually acceptable period, but where it is apparent that the adoption date cannot be postponed, such period shall commence immediately upon the child becoming available for adoption and being taken home. The first two (2) days of leave for female Teachers will be granted with pay. One (1) such day will be granted with pay for male Teachers on leave.

8.12 When a Teacher reports for work upon the expiration of the adoption leave, the Teacher shall resume work with no loss of seniority or benefits accrued to the commencement of the adoption leave, and seniority shall accumulate during such leave.

8.13 A Permanent Teacher who wishes to take an extended leave of absence without pay shall apply in writing to the Principal for leaves of absences giving reasons and details regarding the purpose of the proposed leave. The Teacher shall apply not later than March 15 for a leave beginning any time in the next School Year. The School may grant such leave in its absolute discretion. An extended leave shall mean a leave of at least one (1) School Year.

8.14 A Teacher intending to return from an extended leave of absence shall so notify the School in writing as soon as possible, but not later than March 15 for the following September. A Teacher who fails to so notify shall be deemed to have resigned. The School shall reassign to teaching duties a Teacher who has duly notified his/her intention to return from such a leave.

8.15 In all Leaves of Absence situations, a Teacher shall apply for such a leave in writing to the Head of School and to the Campus Principal and to the Hebrew Studies Principal, or their equivalents, at least six (6) weeks before the first day of such leave, such leave not to be unreasonably withheld.

8.16 When a Teacher reports for work upon the expiration of an extended leave, the Teacher shall resume work with no loss of seniority or benefits accrued to the commencement of the extended leave, but seniority shall not accumulate during such leave.

8.17 (a) Leave of absence without pay for a period of a full School Year shall be granted to a Teacher after six (6) years' service for educational reasons, upon written request to the Personnel Committee of the School. At least one (1) person per School Year shall be granted such leave, if more than one Teacher requests such a leave. If only one Teacher applies for such a leave, then it shall be granted unless extraordinary circumstances warrant otherwise. Upon returning from such leave of absence, the


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Teacher will be credited with all the seniority and benefits which the Teacher possessed at the time of taking the leave of absence. Notification of a request for a leave of absence under this clause shall be delivered by March 15, of the previous School Year. The Teacher shall be contractually obligated to return to School the School Year following the leave of absence.

(b) Following the granting of a leave of absence under (a), a Teacher must notify his School in writing of his/her intention to return for the following School term by no later than April 1. In the event that the School is not notified by April 1 of the Teacher's plan to return, the School shall have no obligation to reinstate the Teacher at anytime.

8.18 The parties agree in principle to implement an earned leave of absence program. The details of which are attached hereto as an Appendix.


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Article 9- SICK LEAVE

9.01 The School shall be responsible for keeping a record of accumulated credits and deductions therefrom.

9.02 Credits shall be recorded in the sick leave account of a Teacher in such a way as to indicate whether they are a full day's salary or a half day's salary. Credits shall be awarded to the nearest half day.

9.03 At the date of the signing of this Collective Agreement, a Teacher's accumulated sick leave credit shall be based on fifteen (15) days per School Year allowable sick leave, less the actual amount of sick leave taken. The accumulated back credit established by the School when the credit system was introduced shall be accepted as the starting point for those Teachers affected.

9.04 At the commencement of each School Year, there shall be credited to each full time Teacher's sick leave account, one and one-half (1 and 1/2) days per month, cumulative, for the months of the School Year, or fifteen (15) Credits. In the case of a Teacher's commencing work after the commencement of the School Year, the number of Credits granted to that person's sick leave account shall be in proportion to the remaining working time for the balance of the School Year, rounded out to the nearest half day's Credit.

9.05 Should a Teacher commence a leave of absence during the School Year during which benefits do not accumulate, then an appropriate adjustment shall be made to the Teacher's sick leave account.

9.06 In the case of a Teacher who uses his or her sick leave in full before the end of the term, a salary deduction shall be made for those days taken in excess of the Teacher's entitlement. Should a leave result in a negative balance to the Teacher's Credits, a salary deduction will be made.

9.07 A Teacher's absence for illness for a period of over five (5) consecutive working days or more, must be certified by a licensed medical practitioner or, if as a result of dental problems, certified by a licensed dental practitioner, if requested by the School.

9.08 A Teacher who has been on sick leave for more than five (5) consecutive working days may be required by the School to submit to an examination by a medical practitioner or dental practitioner chosen by the Teacher at the expense of the Ontario Health Insurance Plan (OHIP), or the School, where OHIP does not apply. In the case of recurrent illness, even if each absence by the Teacher is of less than five (5) days' duration, the Teacher may be required to submit to an examination by a medical practitioner chosen by the Teacher. In each case, the excess cost of the examination over and above the amount paid by OHIP shall be paid by the School.


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9.09 One Credit shall be deducted from a Teacher's sick leave account for each day of absence due to illness or dental condition for which the Teacher's salary is paid, and no salary payments shall be made to a Teacher for his or her absence due to illness or dental condition beyond the number of Credits in that Teacher's sick leave account, except at the absolute discretion of the School for reasons of a compassionate nature.

9.10 Deductions from and Credits to part-time Teacher's accounts shall be pro-rated.

9.11 Teachers may accumulate sick leave Credits to a maximum of one hundred and fifty (150) days' Credit. It is agreed that sick leave is to provide for security during illness and accordingly the Credits do not represent any other kind of benefit to the Teachers and cannot be cashed in, in any manner, at any time.

9.12 A teacher who advises the School that he/she cannot perform one of his/her duties for an extended period of time (including without limitation yard duty), may be required by the School to provide a meaningful medical report in relation to the teacher's inability to perform such duty including the Teacher's prognosis. The School in such circumstances may also require the teacher to submit to a medical examination by one of three medical practitioners who are proposed by the School to the teacher, and the teacher will then select one of such three practitioners to actually conduct the examination. The teacher shall authorize such examining practitioner to send a report to the School which includes an opinion by the practitioner as to whether the teacher can or cannot perform the duty in question and the teacher's prognosis. The cost of such further medical report or such further examination or further medical tests will be paid for by the School in the event that the cost is not paid for by OHIP.


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Article 10 ·HEALTH & WELFARE

10.01 The School shall pay 100% of OHIP premiums at the single rate, or, 100% of said premiums at the family rate for any Teacher whose premiums are not already paid through some other arrangement.

10.02 (a) Upon retirement from the School after 15 or more years, a retirement gratuity will be paid to the Teacher or to the Teacher's estate. This gratuity will be based upon three (3) days per year's teaching for full-time Teachers and will be prorated for part-time Teachers. The gratuity will be calculated at the Teacher's rate of pay in their last teaching School Year, and the maximum gratuity will be 90 days or prorated for part-time Teachers.

(b) Payment of a retirement gratuity for a Teacher who has worked both full and part-time shall be based on the number of years of full-time equivalent employment by the Teacher. By way of example, if a Teacher has fifteen (15) years of full-time service and eight (8) years of part-time service, the Teacher's retirement gratuity would be based on a total of fifteen plus one-half times eight equals nineteen full-time years.

10.03 The School shall continue in effect such benefit plans or similar plans as are in effect at the time of signing this Agreement. Any dispute as to entitlement to benefits under insured plans is between the Teacher and the insurer.

10.04 Effective January 1, 2003, provided that a Teacher has been employed by the School for a minimum of three months (and which teacher is not an L TO) during each year of this Collective Agreement and is participating in the health and welfare benefit package, the School will contribute 4% of a Teacher's salary plus retail sales tax to an insured benefit package that is selected by the Federation.

10.05 The School shall pay 100% of the cost of Workers' Compensation coverage for the Teachers.


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Article 11 • GENERAL RIGHTS AND WORKING CONDITIONS

11.01 Professional Development Days - Teachers shall attend the entire professional development program provided by the School on professional development days. However, the School recognizes that part-time Teachers who have other previous conflicting commitments due to other employment (teaching or otherwise) or child care arrangements shall not be required to attend such programs beyond their normal part-time teaching hours. It is understood that the School may attempt to arrange with another educational employer of the part-time Teacher to pay for a substitute teacher to replace the part-time Teacher so that the part-time Teacher can attend the professional development day. Part-time Teachers who are required to attend professional development days beyond their normal teaching hours for that day, shall be paid at their regular hourly rate for their attendance beyond 1:30 p.m.

11.02 Each Teacher shall be entitled to four (4) School days during the School Year for professional development purposes, one of which may be parent/interview day. No more than one such day may be scheduled at the end of the teaching School Year.

The Federation and the School shall encourage full-time attendance by all teachers at professional development activities during P.O. Days stipulated under the Collective Agreement.

11.03 Every Teacher shall have, upon written request, a right to see his/her personnel file together with any evaluations, appraisals, or reports in connection with his/her work performance at the School, in the presence of School personnel, at any reasonable time during the year, having given a minimum of 24 hours written notice of such request. A Teacher shall have the right to comment on such evaluations, appraisals, and reports, in writing, and such comments shall be included in his/her personnel file. Before any evaluation, appraisal, or report is placed in a Teacher's personnel file, the Teacher will be given the opportunity to review the evaluation, appraisal or report and to respond in writing. If a Teacher does not or refuses to acknowledge in writing that he/she has and the opportunity to review and comment on any such evaluation, appraisal, or report which is being placed into his/her file, the evaluation, appraisal, or report may in any event be placed in the Teacher's file, provided that the Federation is so advised by notice in writing, sent by registered mail.

11.04 (a) Teachers may be required to attend staff meetings from time to time as scheduled during the School Year, which meetings may extend beyond regular school hours or commence after regular school hours. The total number of such meetings shall be no more than 10 during the School Year and, in accordance with established practice, shall not generally exceed two (2) hours in length. These meetings shall address matters pertaining directly to administrative and staff related matters, and, where time permits, to professional development topics. Wherever possible, a schedule of dates for staff meetings will be distributed no later than September 30, for the School Year. All such meetings shall be without additional remuneration. If, however, the number of staff meetings extends beyond ten (10) in any School Year, then the Teacher shall be paid his/her normal rate of such time at such meetings. At the Teacher's


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option, the Teacher may elect to have the equivalent time off from their regularly assigned teaching duties in lieu of the payment for such additional meetings. Teachers who so elect, shall be required to submit a written request for any specific time off which is subject to the approval of the School which approval shall not be unreasonably withheld.

(b) Teachers shall be required to attend a maximum of two evenings and one day for parenUteacher interviews. In addition, the Teacher may be required to attend one (1) curriculum evening meeting per division per campus during the School Year. All such meetings shall be without additional remuneration. However,

(i) where reasonably possible, the School shall attempt to consolidate interview times such that a Teacher's attendance is not required for undue time, and

(ii) teachers teaching only one class (equating to one-half day) and at only one campus, shall not be required to attend more than one-half day and one evening session for parenUteacher interviews.

(iii) For the 2009/2010 and 2010/2011 School years, the School will endeavour to schedule parent teacher interviews during the work week on days that are not consecutive to one another. No interviews will be scheduled to commence prior to 3pm or later than 8:50pm.

(iv) ParenUteacher interviews will not be scheduled in the last week before the December break unless it is necessary to do so in order to avoid the scheduling of the interviews during the Hanukah holiday.

(v) Teachers who are required to attend Parent Teacher interviews will have the option of taking a ten minute break every hour provided that it is arranged with the School in advance of the schedule being completed by the School.

(c) Notwithstanding any other provision of this Agreement, Middle School Teachers shall also adhere to a reporting cycle of one abbreviated mid-term report in the first term, two written report cards and, an additional Parent Teacher Student Conference (ie. in addition to the conferences referred to in the existing Article 11.04(b)) and such additional conference will be scheduled on an evening session which commences at or after 3:00 pm.

(d) The parties agree that effective the commencement of the 2009/2010 School year, the practice of providing a day off on the Friday during the week of parent teacher conferences will be discontinued.


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(e) A Teacher who is double panelled will be given a choice by the School as to which staff meeting they are to attend unless there are circumstances in which the School is required to direct the double panelled teacher as to which meeting she is to attend.

With respect to Parent-Teacher Interviews, a double panelled teacher will be treated as a half time teacher in each of the elementary and middle schools.

11.05 The teacher appointee to the Education Committee is to be selected from among the teachers by the Federation.

11.06 The School will close at 11 :45 a.m. on Erev Rosh Hashanah and Erev Yom Kippur, Purim and Yom Hatzmaut (unless the Erev holiday falls on a Friday in which case the School will close at 11:30 a.m.). The School will also close on Erev Shavuot, Erev Succoth, Erev Erev Pesach, and Erev Shmini Atzeret at a time in the day that is consistent with the time at which the School would close on the Friday of the week in which these holidays fall.

11.07 In any given School Year when the day commonly identified as "Good Friday" falls outside the Passover break, the School shall consult with the Federation in order to reach an agreement before scheduling regular classes. When "Good Friday" falls within the Passover break, no day off shall be substituted.

11.08 Teachers will not be responsible for student supervision prior to the ringing of the entry bell, except for Teacher on scheduled yard duty or scheduled indoor duty in the Middle School.

11.09 This has intentionally been left blank.

11.10 Middle School Teachers (including specialty teachers) who teach any of the graduating students, are required to attend the School's evening grade 8 graduation ceremonies, unless the teacher's absence is approved by the School. It is understood that there will be no additional remuneration or paid lieu time off.

11.11 Effective the 2009 School Year, the Winter Break shall be scheduled to coincide with Family Day so that the School is closed on the Thursday and Friday immediately preceding Family Day and, Family Day.

11.12 The School has the right to extend an offer of early retirement to any teacher(s) in its sole discretion and will give notice of any such offer(s) to the Association.


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Article 12- SCHOOL RIGHTS

12.01 The Federation recognizes and acknowledges that the management and direction of the School's activities are vested exclusively with the School and its representatives. Without limiting the generality of the foregoing, it is the function of the School to:

(a) maintain order, discipline, and efficiency, and in connection therewith make, alter, and enforce from time to time reasonable rules, regulations, policies, and practices. The exercise of the School's right to discipline and discharge Teachers shall be subject to this Agreement;

(b) select, hire, train, assign, reassign, transfer, evaluate, classify, demote or retire (at retirement age) employees;

(c) establish, modify, or eliminate job functions, job content, teaching assignments and hours, and job descriptions other than modifications or changes during the School Year which alter the basic character of the Teacher's bargaining unit;

(d) determine the services and courses to be provided and to alter, eliminate, establish or change services, courses and objectives;

(e) determine the size and location of its schools and offices;

(f) effect changes in methods, operations, organization, facilities, systems and equipment;

(g) determine the schedule of hours of the School and the Teachers and to assign hours of work to employees within each schedule.

12.02 The rights of the School set out in 12.01 are subject to the specific provisions of this Agreement.

12.03 Criminal Record Checks - It is a condition of employment that all prospective and current Teachers provide (if in the Teacher's possession), or consent to the School obtaining, any criminal records check necessary for the School (including without limitation, current criminal record checks by the Canadian Police Information Centre ("CPIC") or, a Police Clearance Certificate, and/or Certificate of Non-criminal Activity that was obtained as part of a Teacher's Canadian immigration or visa application). Teachers shall immediately sign any and all documents that are required to complete such criminal record checks. The School shall pay any and all costs related to the obtaining of any such criminal records check for all current and prospective Teachers. It is understood that the School is not responsible for paying such costs when a prospective Teacher has already provided or is obliged to provide the documents to the Ontario College of Teachers.


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Article 13- SALARY, HOURS, CLASSIFICATION

13.01 The salary grid shall be increased as follows: • Effective September 1, 2008: 3% • Effective March 1, 2009: 1% • Effective September 1, 2009, 2% • Effective September 1, 2010, 1.5% • Effective March 1, 2011, 1.5% • Effective August 31, 2011, 1%

13.02 (a) A full year of seniority shall result in an upward movement of one step on the salary scale, subject to the following:

(b) Each full year of teaching experience in the School will be equal to one step on the Salary scale. A full increment is earned for a full year of teaching. Any Teacher working less than a full year will receive one tenth (0.1) of the teaching experience for each completed month that such Teacher did teach for the School in such School Year for the purposes of salary progression. Teaching experience granted in a year would not be affected by absences which occur during the School Year for reasons of maternity leave as described in the Employment Standards Act, absences due to illness or injury, and any other authorized leave of absence of up to five days in a scheduled month of teaching during the School Year ..

(c) A Teacher who teaches twelve (12) hours or periods per week or more shall receive the full step increase otherwise entitled to: a Teacher who teaches less than twelve ( 12) hours or periods per week shall receive one-half ( 1/2) the increase otherwise entitled to.

13.03 (a) The full salary of Middle School teachers will be based upon 32.5 periods worked by a Middle School Teacher in a working week with such salary being pro-rated for such teachers who work less than 32.5 periods. The School will endeavour to schedule Middle School Teachers for up to 30 teaching periods out of the said 32.5 periods with the understanding that the 32.5 periods will be comprised of teaching duties and duty periods that are assigned by the School from time to time. Trapped spares shall be distributed in as equitable a manner as possible each year. If the Teacher is assigned more than two (2) trapped spares in a day, the Teacher shall be paid his or her regular wages for each additional trapped spare in excess of two (2) trapped spares. The School may assign duties (including substitute teaching) to a Teacher during such trapped spares for which they are being paid. Effective the commencement of the 2009/2010 School year, the School will endeavour to develop a schedule so that a middle school teacher is not required by the School to teach every period in a regular teaching day.

(b) A twenty minute lunch period is guaranteed to each Middle School Teacher. All full time Teachers who are required by the School to attend meetings during their scheduled lunch period shall be given another thirty minute period for lunch that same day.


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(c) If a Teacher replaces another Teacher during an unassignable spare, the time must be paid for at the Teacher's regular rate of pay and will be calculated and paid at the next regular pay period.

(d) Advisory duties are considered assignable duty periods. The assignment of advisory duties shall be subject to the consent of the Teacher. A Teacher shall not have advisory responsibility for more than 13 students. If an insufficient number of teachers agree to assume advisory responsibilities, the School may allocate the advisory duties without teacher consent. No Teacher shall be required to perform any of the duties and responsibilities associated with advisory duties in excess of an equivalent of 40 minutes per period.

13.04 (a) Full-time elementary school Teachers will not be involuntarily assigned lunch or outside lunch duties unless the School determines that there is an insufficient number of teachers to perform these duties. If a teacher is assigned to lunch supervision, the teacher will be paid his or her regular wages for such time.

(b) The School shall continue to provide preparation time through the use of specialists and will endeavour to schedule specialists so that Hebrew Studies and General Studies Teachers benefit equitably from this preparation time.

(c) The School will endeavour to schedule comparatively fewer duties for Teachers in grades 1 and 2 who may have less preparation time than other teachers.

(d) In the event that a specialist is absent and, the School requires a teacher to teach thereby losing his/her normal preparation time as a result, then the teacher will receive additional payment for such teaching time at the teacher's applicable hourly rate.

The School reserves the right to access a portion of any teacher's preparation time as required for professional development and curriculum integration to a maximum of 25% of teacher's preparation time each month.

13.05 Teachers who shall be required by the School to travel between branches of the School within the same day shall have this time paid at the Teacher's hourly rate of pay and calculated at one-half hour per trip. Upon written request, the School agrees to provide a letter to Revenue Canada confirming that the Teacher is required to travel between branches.

13.06 Teachers who are involved in trips which cover periods not normally paid as contact periods, shall be paid for such periods when they are required time spent in contact with the pupils. An attempt will be made to schedule long trips so that they arrive back early in the day and thus allow Teachers and students the rest of the day free from responsibility.


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Part-time teachers who are required to attend on trips or school programs which cover periods that are not normally scheduled for such teacher as contact periods, will be paid for up to a maximum of ten (10) periods in respect of time that is actually spent in contact with the pupils. Full-time teachers will continue to receive their normal salary for the day of the trip as set out above.

13.07 All full time positions for the purposes of salary shall consist of thirty two and one-half (32.5) periods per week (including up to thirty (30) teaching periods, and including advisory and/or duty periods) for Middle School teachers, and thirty (30) hours per week for pre-school and elementary teachers, and are the basis upon which the salary scale is set out. In addition to teaching duties, Teachers shall be required:

to be in their classroom or generally available fifteen ( 15) minutes before the start of their first class;

to remain in their classroom until the last student is dismissed and to follow the procedures for classroom closing;

to attend such other meetings as are reasonably required by the School subject to the provision of Article 11.03;

to perform general duties assignable by the Principal, including homeroom assignments, yard duties, recess supervision, bus supervision, and lunch period supervision. The Principal will endeavour to assign such duties equitably.

13.08 Teachers who have been "Red Circled" shall be given the increase in salary to their current classification in each year of this Agreement as the increase to their actual salaries at the commencement of each of these School Years; in accordance with the agreement between the Hebrew Teachers Alliance and the Board of Jewish Education dated the 25th day of January, 1978.

13.09 Classification of new Teachers shall be determined solely by the Board of Jewish Education. Every Teacher shall be required to provide the Principal and the Board of Jewish Education with proof of his/her formal education and total teaching experience. In the event of any dispute as to a staff member's classification, the dispute shall be referred to the Board of Jewish Education Board of License and Review. The determination of the latter shall be final.

13.10 Application may be made by a Teacher for a rev1s1on of his/her classification upon the Teacher producing new material not previously considered, or upon the happening of anything that may affect the Teacher's classification, providing that such revision is sought within a twelve (12) month period of the hiring of the Teacher, or the occurrence or any event which may affect the Teacher's category. Such latter event shall be limited to the bestowal of an earned degree of a specialist's certificate upon the Teacher. Where proper documentation is presented, resulting in the successful review of a staff member's classification, an adjustment in salary shall begin


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as of the date of submission, which submission shall be no later than November 15 of any School Year to update the category retroactive to September 1st. Submissions after November 15 will not be effective until September of the following School Year.

13.11 The School agrees that any Teacher who was employed at the commencement of the 1983-84 School Year and who:

(a) at that time had other teaching commitments within the Jewish community;

(b) in order to arrive on time to fulfill those commitments must leave the School at some time between 4:00 p.m. and end of the day's schedule,

shall be scheduled in order to allow them to be free to leave at such time between 4:00 p.m. and the end of the School day as is necessary to arrive on time if by April 1 of any School Year they advise that such scheduling will be required for the following School Year.

13.12 The School will use its best efforts to schedule any Teacher not covered by Article 13.11 in a like manner so that the Teacher may arrive on time at other Jewish community teaching positions if a request for such scheduling is made by April 1 of any School Year for the next School Year.

13.13 (i) Upon 48 hours notice, a Teacher may take two (2) days off with pay per School Year for personal reasons.

(ii) A personal day off will be deducted from the Teacher's sick leave account.

(iii) On any given day, no more than one (1) Teacher per campus may take a personal day.

13.14 (i) The permanency load for middle school teachers in the two years immediately following the probationary period is based upon the average number of periods taught during the probationary period.

(ii) The permanency load for elementary school teachers in the two years immediately following the probationary period is based upon the number of hours taught in the two final years of the probationary years.

(iii) Teachers who teach in both the middle and the elementary schools will have their permanency load calculated separately as indicated above.

(iv) The permanency load for any year following the first two years after a teacher has successfully completed the probation period, will be based upon the least number of hours or periods taught (as the case


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may be), in the two years immediately preceding the year in which this permanency load article is being applied.

(v) If a permanent Teacher requests and is granted a reduction in the number of hours or periods taught in two successive years (except for maternity leave or adoption leave) his/her permanency load will be reduced to the average number of hours or periods taught during those two years.

(vi) Notwithstanding the number of hours or periods a permanent teacher actually teaches or has taught, a teacher's permanency load cannot exceed the number of hours or periods taught by a full-time teacher, namely: (i) in the elementary school, thirty hours per week, and (ii) in the Middle school, 32.5 periods in a week (which includes any duty and/or advisory periods assigned by the School).


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Article 14- STRIKES AND LOCKOUTS

14.01 The Federation undertakes and agrees that neither it nor its staff members shall take part in, authorize, encourage, condone, support or threaten a strike during the period of operation of this Agreement, and the School undertakes and agrees that it will not engage in a lockout of its teachers during the aforesaid period. The term "strike" and "lockout" as used herein shall be defined as in the Ontario Labour Relations Act.


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Article 15- PENSION PLAN

15.01 The School will pay premiums to provide pension plan benefits to all Teachers in accordance with the Pension Plan that is sponsored by the UJA Federation of Greater Toronto after one year of employment with the School. It is a condition of employment that all Teachers are deemed to have consented to participate in the Pension Plan (once eligible) and to permit such deductions from their salary as required by the terms of the Plan.

15.02 Every eligible full-time teacher covered by the terms of this Collective Agreement and who has completed one year of employment as set out above, will become a member of the Plan on the first day of the calendar month immediately following the date that such teacher completes one year of employment with the School and becomes a full-time employee.

15.03 Each part-time permanent teacher covered by the terms of this Collective Agreement shall become a member of the Plan as of the first day of the calendar month immediately following the date that such teacher completes twenty-four (24) consecutive months of service with an employer that makes contributions to the Plan provided that in each of the two (2) consecutive calendar years immediately preceding such date, the teacher has the lesser of: (a) earnings of not less than 35% of the Year's Maximum Pensionable Earnings as defined by the Canada Pension Plan; or (b) 700 hours of employment with an employer that makes contributions to the Plan.

15.04 Every eligible participating teacher who is covered by this Collective Agreement shall contribute for each pay period the amount that is required as set out in the Plan's rules. The School shall contribute on behalf of each eligible teacher for each pay period the amount that is required by the Plan Rules.

15.05 The employee and the School contributions will be remitted to the Plan by the School within 30 days following the end of the calendar month in which a pay period ends and for which contributions are attributable.

15.06 The School will provide to the administrator of the Plan, all information that is required pursuant to legislation or as otherwise required by the Plan.

15.07 The School agrees that in the event that any teacher covered by this collective agreement becomes a Federation appointed Trustee of the Plan, the School will provide such teacher with time off with pay to a maximum of three (3) person days per School Year in order to attend at meetings of the Pension Plan and perform the teacher's duties as a Trustee. Such Trustees will receive their regular wages for the regular working hours that they would have worked for the days in question.

15.08 A Federation appointed Trustee covered by this Collective Agreement will make every reasonable effort to notify the School as far in advance as possible of any days during which he/she must be absent from School in order to attend to his/her duties as set out in Article 15.07 above.


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15.09 Notwithstanding what is referred to above, it is agreed that Teachers who opted out of the Pension Plan previously, may continue to opt out of the Plan provided that the Teachers sign any documentation that is required by the Pension Plan from time to time.


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Article 16- JOINT FACILITATION COMMITTEE

16.01 The parties agree that as soon as possible following the date of ratification of the collective agreement, they will constitute a "Joint Facilitation Committee" with representation from the School's administration (four (4) members) and three (3) representatives selected by the Association. No decision of the Committee shall be made by vote and no such votes shall be taken. The Committee will meet from time to time in order to discuss matters of concern or interest that may arise from time to tirne during the term of the Agreement. It is understood that teacher members must have successfully completed probation in order to be a mernber of this Committee. The meeting will be jointly chaired by a representative of the School's administration and by a representative of the Association. Minutes of the meeting will be kept by a recording secretary who is designated at the meeting. In advance of such meetings, members of the Committee may submit items that they wish to discuss and an agenda will be prepared in advance of the meeting. It is understood that the representatives of the School's two bargaining units may participate in the Committee and that the Committee may not necessarily meet when, or if, representatives of each or the two bargaining units are unavailable.


Article 17- TERMINATION OF AGREEMENT

o~ .l\,G-17.01.D>< his Agreement shall become effective on the 1"1 day of September, 200.2'; and all continue in effect until the 31st day of August, 2011. Thereafter, the Agreement shall continue unless either party gives notice to the other in writing, not later than the last day of April in every succeeding School Year, of its desire to alter, amend or terminate the same, and the parties shall forthwith commence negotiations for this purpose.

17.02 This Agreement shall be read with any changes of gender and/or number as may be required. This Agreement supersedes any and all terms of earlier contracts or Codes of Practice, except where provisions of such earlier agreements have been specifically reincorporated.

IN WITNESS WHEREOF each of the Parties hereto has A~RfEMENT to be signed by its duly authorized representatives this

1-=.:: b , 20:1%. ! l A. ~ Jf-'5 t--J$ 01-{J(

c~used this ?f day of

xn~~ UNITED YNAGOGUE DAY FEDERATfON OF TEACHERS IN SCHOOL HEBREW S HOOLS

~~~

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WAGES - SALARY GRID


Robbins Hebrew Academy SALARY GRID 2008-2009 JEWISH STUDIES September 1, 2008 - February 28, 2009

3A 4 5 6 7 ANNUAL 0 33,652 37,392 39,197 43,149 44.946 HOURLY 1,121.74 1,246.40 1,306.56 1,438.29 1,498.20 PERIOD 1,035.45 1,150.53 1,206.05 1,327.65 1,382.96

ANNUAL 1 36,083 40,092 41,986 46,421 48,476 HOURLY 1,202.77 1,336.39 1,399.87 1,647.37 1,615.83 PERIOD 1,110.24 1,233.59 1,292.19 1,428.34 1,491.54


ANNUAL 3 40,938 45,488 47,606 52,964 55.522 HOURLY 1,364.61 1,516.26 1,586.85 1,765.45 1,850.74 PERIOD 1,259.64 1,399.63 1,464.79 1,629.65 1,708.37





ANNUAL 8 53,075 58,970 61,635 69,321 73,137 HOURLY 1,769.16 1.965.65 2,054.51 2,310.70 2,437.91 PERIOD 1,633.07 1,814.45 1,896.47 2,132.96 2,250.38



Robbins Hebrew Academy SALARY GRID 2008-2009 JEWISH STUDIES March 1, 2009- August 31, 2009

3A 4 5 6 7 ANNUAL 0 33,989 37,766 39,589 43,580 45,396 HOURLY 1,132.96 1,296.63 1,319.62 1,452.67 1,513.19 PERIOD 1.045.81 1,162.03 1,218.11 1,340.93 1,396.79









ANNUAL 9 56,057 62,284 65,082 73,321 77.432 HOURLY 1,868.55 2,076.13 2,169.41 2,444.05 2,581.05 PERIOD 1,724.82 1,916.42 2,002.53 2,256.04 2,382.51


Robbins Hebrew Academy SALARY GRID 2009-2010 JEWISH STUDIES September 1, 2009- August 31, 2010

3A 4 5 6 7 ANNUAL 0 34,668 38,521 40,380 44,452 46,303 HOURLY 1 '155.62 1,322.56 1,346.01 1,481.73 1,543.45 PERIOD 1,066.72 1,185.27 1,242.47 1,367.75 1,424.72

ANNUAL 1 37.173 41,302 43,264 47,823 49.939 HOURLY 1,239.09 1,376.75 1,442.15 1,594.10 1,664.63 PERIOD 1,143.77 1,270.85 1,331.21 1,471.48 1,536.58


ANNUAL 3 42,175 46,862 48,043 54,563 57,199 HOURLY 1405.82 1562.05 1634.78 1818.77 1906.63 PERIOD 1297.68 1441.90 1509.02 1678.87 1759.97








Robbins Hebrew Academy SALARY GRID 2010-2011 JEWISH STUDIES September 1, 2010 - February 28, 2011

3A 4 5 6 7 ANNUAL 0 35,188 39,099 40,986 45,119 46,998 HOURLY 1,172.95 1,342.40 1,366.20 1,503.95 1,566.60 PERIOD 1,082.72 1,203.05 1,261.11 1,388.27 1,446.09







ANNUAL 7 52,959 58,844 61,511 69.068 72,792 HOURLY 1,765.31 1,961.47 2,050.36 2,302.28 2,426.39 PERIOD 1,629.52 1,810.59 1,892.64 2,125.18 2,239.74


ANNUAL 9 58,035 64,482 67,380 75,910 80,165 HOURLY 1,934.51 2,149.41 2,245.99 2,530.32 2,672.16 PERIOD 1,785,70 1,984.07 2,073.22 2,335.68 2,466.61


Robbins Hebrew Academy SALARY GRID 2010-2011 JEWISH STUDIES March 1, 2011 -August 30, 2011


ANNUAL 1 38,296 42,551 44,572 49,268 51,448 HOURLY 1,276.54 1,418.36 1,485.74 1,642.28 1,714.94 PERIOD 1 '178.34 1,309.26 1,371.45 1,515.95 1,583.02


ANNUAL 3 43,449 48.278 50,526 56,212 58,928 HOURLY 1,448.31 1,609.27 1,684.19 1,873.74 1,964.26 PERIOD 1,336.91 1,485.48 1,554.63 1,729.61 1,813.16



ANNUAL 6 51' 177 56,863 59,462 66,635 70,142 HOURLY 1,705.90 1,895.42 1,982.08 2,221.16 2,338.05 PERIOD 1,574.68 1,749.62 1,829.61 2,050.30 2,158.20





Robbins Hebrew Academy SALARY GRID 2011-2012 JEWISH STUDIES August 31, 2011


ANNUAL 1 38,679 42,976 45,018 49.761 51,963 HOURLY 1,289.31 1,432.55 1,500.60 1,658.70 1,732.09 PERIOD 1,190.13 1,322.35 1,385.17 1,531.11 1,598.85










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LETTER OF UNDERSTANDING

The School will meet with representatives from each of the two unions in the School with a view to facilitating a resolution of the issue of what should occur in the event that a teacher teaches in both General and Jewish Studies.

Collective Agreement - USDS & FTHS Page 37

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APPENDIX RE: EARNED LEAVE OF ABSENCE (4 for 5 Plan)

1. A permanent Teacher with at least five (5) years of service with the School may apply for an earned leave of absence without pay from the School as set out herein. The total period of the earned leave of absence program for a Teacher shall be five (5) years. During the first four (4) years of the program, the Teacher will receive a salary equal to eighty percent (80%) per annum of the Teacher's normal salary, as provided for in this Collective Agreement. The balance of the Teacher's regular salary shall be retained by the School (the "Deferred Salary Amount") and deposited to earn interest as agreed by the Federation and the School prior to September 30th of each year.

2. (a) The leave of absence shall be taken in the fifth (5th) year of the Program. A permanent Teacher who wishes to participate in this earned leave of absence program shall apply to the School in writing by April 30th of the School Year preceding the commencement of the five (5) year program. However in 2003, applications may be made until June 30, 2003.

(b) The duration of such leave shall be one (1) School Year.

(c) (i) Applications shall be considered by the Personnel Committee of the School.

(ii) Applications shall be submitted to the School for consideration by the Personnel Committee by April 30th. The Personnel Committee of the School will advise Teachers of its decision by June 30th of the year in which the application was made. However for those applications submitted by June 30, 2003 the Personnel Committee of the School will advise Teachers of its decision by September 1, 2003. The Personnel Committee will grant at least one ( 1) leave of absence per year for each campus of the School. Where there are multiple applicants, the School shall not be required to grant more than one (1) Teacher at each campus of the School a leave of absence under this program for any one (1) School Year.

(iii) Notwithstanding anything to the contrary in this Article, no earned leave of absence need to be granted to any Teacher who has already taken such leave within the previous five (5) years.

(iv) Where two (2) or more permanent Teachers submit applications under this Article and one ( 1) or more of them has previously received an earned leave of absence, preference shall be given to applicants who have not previously taken such leave. Where two (2) or more permanent Teachers submit applications, who have not previously received an earned leave of absence, preference shall be given to applicants on the basis of their seniority with the School.

(v) Subject to compliance with this Letter of Understanding, the decision of the Personnel Committee of the School shall be final and shall not be


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the subject of a grievance or arbitration.

(d) Any number of permanent Teachers may apply for such leave.

(e) During the period of leave, the Teacher shall not receive any salary or wages from the School, or from any other person or partnership with whom the School does not deal at arms-length, other than the Deferred Salary Amount that is payable pursuant to Article 1, and the benefits to which the Teacher is otherwise entitled under Article 13.1 (a) and in accordance with Article 3 of this Letter of Understanding.

(f) A Teacher who is granted an earned leave of absence shall return to his regular employment with the School after the leave of absence.

3. (a) (i) Where an application is granted, the Applicant will receive the Deferred Salary amount together with the accrued interest in equal monthly installments during the year in which the leave is taken.

(ii) The eighty percent (80%) level of salary shall be paid in the first four (4) years of the program.

(iii) Interest paid to the Teacher under this provision will be considered employment income for the purposes of the Income Tax Act and will be reported on the Teacher's T4 Supplementary and shall be subject to tax withholdings.

(b) All benefits and deductions from this reduced level of salary shall be determined as if the eighty percent (80%) level of salary were the Teacher's total remuneration.

(c) The seniority of a permanent Teacher who is authorized to take a leave of absence under this Article will continue to accumulate. However, the Teacher shall not receive credit for the School Year during which the leave of absence is taken for the purposes of calculation of increment and salary progression on the grid as referred to in the Collective Agreement. The Teacher shall not accumulate any sick leave credit for the School Year during which the leave of absence is taken. This shall preclude a salary increase dependent on an additional degree earned that year. The increase shall only be applied on the Teacher's return in September.

4. Where a permanent Teacher leaves the employ of the School during the period during which he is receiving the eighty percent (80%) level, prior to the commencement of his intended leave of absence or during part of the leave where he is still owed monies, he shall be paid all monies which, but for this Article, would have been paid to him by the School.

5. Where a permanent Teacher dies during the period during which he is receiving eighty percent (80%) level of salary:

(a) Prior to the commencement of his earned leave of absence or during the

Collective Agreement- USDS & FTHS Page 39

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part of the leave where is still owned monies, his estate shall be paid all such monies which, but for this Article, would have been paid to him by the School.

6. Where a Teacher has been granted an earned leave of absence and advises the School no later than September 1st of the School Year preceding the year granted as the earned leave of absence that he does not wish to take the leave, such Teacher shall commence receiving one hundred percent (100%) of his salary, as provided for in this Collective Agreement, effective September 1st of such School Year, and shall cease to have any right to that earned leave of absence. Such Teacher shall be paid the deferred salary amount accrued together with interest prior to December of that year, and such amount shall be taxable income in that tax year. Where a Teacher advised the School after September 1st of such year preceding the year granted as the earned leave of absence year that he does not wish to take the leave, the School shall have no obligation to cancel the leave.


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Teaching Minutes in the Middle School

The School confirms its advice to the Federation during the negotiations of the renewal collective agreement, that although the School has the right to change the length of a regular teaching period, the School agrees that during the term of the renewal agreement, it will not increase the total number of regular teaching minutes in a teaching period(s) so that the total number of teaching minutes per week for a full-time teacher in the Middle School exceeds the current equivalent number of regular teaching minutes in a full-time teaching week in the Middle School.

The number of regular teaching minutes in a period in the middle school can be increased by the School so that the full time weekly total of such increased regular teaching minutes in a period exceeds the current weekly total amount of equivalent regular teaching minutes in a period, if the School and the Union agree on the terms of such increase in regular full-time teaching minutes.


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The School will not schedule meetings during a Middle School teacher's scheduled spare without the teacher's agreement unless there is no alternative to do so in which case, the teacher will be compensated in time or money for such necessary meetings. I


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It is understood that when full-time teachers are required to attend on trips or school programs they will receive their normal salary for the day of the trip as they have in the past in the way of payment for a trapped spare.


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WHEREAS effective September 2008, the School will operate its Middle School on a weekly (Monday to Friday schedule) ("the New Schedule");

AND WHEREAS the New Schedule (except for Friday) will consist of eight periods per day, with each period being 47 minutes plus a 50 minute lunch, two 8 minute breaks, and three minutes allocated for announcements, with a total of 40 periods over the 5 day week;

AND WHEREAS the Federation and the School are agreed that the guiding and binding principle is that the Collective Agreement be amended, interpreted and applied so that the Middle School Teachers are treated equivalently under the New Schedule as under the old system and that no Middle School Teacher suffer any loss of income as a result of the School's change from the old system to the New Schedule ("the principle of equivalency");

AND WHEREAS there are references in the Collective Agreement to the periods taught by Middle School Teachers under the old system that must now be amended, interpreted and applied in accordance with this principle of equivalency;

THEREFORE the Federation and the School each agree with the other as follows: 1. A full time position in the New Schedule is equal to 32.5 periods per week. 2. A full time position in the New Schedule will involve up to 30 teaching periods per week.

Middle School Teachers will be scheduled and paid in accordance with this principle of equivalency recognizing that teaching periods cannot be assigned or scheduled in fractions and that no Teacher will suffer any loss of income because of the change from the old system to the new system.


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