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HUMAN RESOURCES COMMITTEE Thursday, October 19, 2017 Room 340-D Hamilton-Wentworth District School Board 20 Education Court, P.O. Box 2558 Hamilton, ON L8N 3L1 HUMAN RESOURCES COMMITTEE Thursday, October 19, 2017, 1:00 pm AGENDA 1. Call to Order 2. Approval of the Agenda 3. Human Resource Department Update J. Nunn 4. Elementary Enrolment Update D. Dawson 5. Staffing Update: J. Nunn Elementary Teachers Staffing Update Secondary Teachers Staffing Update Support Staff Update 6. Extension Agreements Update J. Nunn 7. OSSTF Remedy Agreement (Bill 115) G. Grabauskas 8. Resolution into Private Session – as per the Education Act, Section 207.2 (b) the disclosure of intimate, personal or financial information in respect of a member of the board or committee and (d) decisions in respect of negotiations with employees of the board. 9. Meeting resumes in Public Session 10. Next Human Resources Meeting: November 30 (or December 14)
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Page 1: HUMAN RESOURCES COMMITTEE Thursday, October 19, 2017, …€¦ · HUMAN RESOURCES COMMITTEE Thursday, October 19, 2017 Room 340-D Hamilton-Wentworth District School Board 20 Education

HUMAN RESOURCES COMMITTEE Thursday, October 19, 2017

Room 340-D

Hamilton-Wentworth District School Board 20 Education Court, P.O. Box 2558

Hamilton, ON L8N 3L1

HUMAN RESOURCES COMMITTEE Thursday, October 19, 2017, 1:00 pm

AGENDA

1. Call to Order

2. Approval of the Agenda

3. Human Resource Department Update J. Nunn

4. Elementary Enrolment Update D. Dawson

5. Staffing Update: J. Nunn

Elementary Teachers Staffing Update

Secondary Teachers Staffing Update

Support Staff Update

6. Extension Agreements Update J. Nunn

7. OSSTF Remedy Agreement (Bill 115) G. Grabauskas

8. Resolution into Private Session – as per the Education Act, Section 207.2 (b) the disclosure of intimate, personal or financial information in respect of a member of the board or committee and (d) decisions in respect of negotiations with employees of the board.

9. Meeting resumes in Public Session

10. Next Human Resources Meeting: November 30 (or December 14)

Page 2: HUMAN RESOURCES COMMITTEE Thursday, October 19, 2017, …€¦ · HUMAN RESOURCES COMMITTEE Thursday, October 19, 2017 Room 340-D Hamilton-Wentworth District School Board 20 Education

EXECUTIVE REPORT TO

HUMAN RESOURCES

COMMITTEE

TO: HUMAN RESOURCES COMMITTEE

FROM: Manny Figueiredo, Director of Education

DATE: October 12, 2017

PREPARED BY: Stacey Zucker, Associate Director, Support Services

Jamie Nunn, Superintendent of Human Resources

RE: Human Resources Department Update

Action Monitoring

Background

Effective July 1, 2017 the structure of the Human Resources Department was reorganized with the Department falling under the responsibility of Stacey Zucker, Associate Director, Support Services. The daily operations of the department are led by Jamie Nunn, newly appointed Superintendent of Human Resources coupled with the support of Gytis Grabauskas, Senior Manager, Human Resources.

The Human Resources Department is comprised of five areas: Staff Development, Employee Wellness and Support, Labour Relations, Health and Safety and Staffing and Operations. Each of these departments are led by a Manager or Officer and their staff work collaboratively supporting employee needs.

Appendix A provides the structural overview of the Human Resources Department.

Department Goals and Work Plan

The Human Resources Department is committed to enacting and supporting the 5 priorities within the HWDSB Strategic Directions. As a department, Human Resources plays an integral role in each of the priorities. Prior to the start of the school year, the department established the following 4 priorities for the year ahead:

• Increased staffing levels in classrooms and schools

• Employee Wellness and Support

• Staff Development and Growth

• Communication and service excellence

With both the HWDSB Strategic Directions and our Department goals in mind, the Human Resources Leadership team established detailed Work Plan for the year ahead.

Operating Structures and Supports

Having clear processes and structures in place to support employee relations is critical. The following outlines our

operating structures and supports:

Labour Relations Meetings:

We value our relationships with our unions and consider them our partners. The Manager of Labour Relations

supported by the Senior Manager of Human Resources has the responsibility for coordinating and supporting all

Labour Relations meetings with all employee groups every 4-6 weeks. In addition to always attending Relations

Meeting with our Teaching Unions, the Superintendent of Human Resources will participate in other relations

meetings with other groups, as required, to provide support and an academic lens to issues and solutions.

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Staffing and Operations:

The Superintendent of Human Resources is responsible for managing the staffing processes identified in the respective

Collective Agreements for the identified teacher bargaining units. This role will entail all aspects of staffing support

for the hiring and replacement of teaching staff as prescribed by the Collective Agreements. The processes will

continue to be supported by the Human Resources Officers. Any disputes related to staffing that fall outside of the

formal staffing processes will directed by the Superintendent of Human Resources.

The Superintendent of Human Resources will have responsibility for coordinating and supporting the staffing

requirements of all Collective Agreements in consultation with the respective Executive Council members.

Grievance Process:

Grievance processing will continue as per current practices with the Manager of Employee and Labour Relations and

respective Labour Relations Officer hearing all Step 1 Grievances. The Senior Manager of Human Resources will

continue to support these processes. The Superintendent of Human Resources supported by the Manager of Labour

Relations will address all Step 2 Grievances.

The Executive Council member identified as the lead for specific collective agreements will be the Executive Council

Team resource to the Human Resources Team with respect to issues arising from the Collective Agreements. The

Superintendent of Human Resources will review with the respective Executive Council member any issues where an

academic lens is necessary to support understanding and/or resolution to issues.

Health and Safety:

The Superintendent of Human Resources will have responsibilities associated with the Joint Health and Safety

Committee. The Health and Safety Officer will continue to support the system in the management of Health and

Safety functions.

Negotiations:

The Senior Manager of Human Resources will have responsibility for coordinating and leading negotiations of

Collective Agreements.

Staff Development

The Staff Development department supports many of the organizational learning needs across the system. The

department is part of the Human Resources team, but also strongly supports the Board Leadership Development

Strategy (BLDS), existing simultaneously in both the Human Resources and academic worlds.

Staff Development presents leadership programming from organizations such as Thinking Collaborative and

FranklinCovey in addition to programs we have developed in-house, ensuring ongoing and progressive learning

opportunities for staff in every employee group across the district, both in the daytime and evening. We have

accountability for Non-Violent Crisis Intervention training, leadership meetings, HWDSB AQ courses, Summer

Institute and more.

The department also offers learning design, development and consultation to unions, school teams, service

departments and families of schools. In support of Human Resources, Staff Development has responsibility for

Interview Skills and Resume Writing workshops and new employee orientation.

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NAME POSITION DETAIL EXT.Jamie Nunn Superintendent of Human Resources 2387

Gytis Grabauskas Senior Manager Human Resources 2504

Carrie Hinich Human Resource Coordinator 2753

Paul Baldwin HR Staffing and Operations 2666

Melanie Kivell Staffing Officer PSSP, Sr. Admin, COPE, PASS, P/VP 2606

Darlene Steele Staffing Officer OSSTF TBU & Occl Teachers 2325

Dan Rutherford Staffing Officer HWETL, DECE 2410

Lety Goddard Staffing Officer HWOTL, CUPE, Con Ed./ESL, OCTU 2255

Heidi Oldenburg Staffing Coordinator HWETL, HWOTL, CUPE 2239

Brenda Maxwell Staffing Coordinator OSSTF TBU & Occl Teachers, OCTU, ESL, Con Ed. 2224

Danielle Meville Staffing COPE, DECE, PSSP, PASS, Sr. Admin 2437

Joanne Kendall Employee Records Co-ordinator Prin/VP/Teacher payroll 2459

Victoria Doidge Teacher Records and Qualifications Teacher allowances/qualification, and LTD all groups 2215

Sylvia Baccala Benefits Administrator Health Benefits 2338

Liette Gauthier SFX Administrator SFX Administration 2276

Rebecca Ballantyne Manager of Employee Support and Wellness 2801

Teresa DiCienzo Sick Leave Administrator HWETL, HWOTL 2014

Janet Vallee Sick Leave Administrator COPE, OSSTF, OCTU, DECE, PASS, PSSP, PVP 2432

Paula Stableford Employee Support and Wellness Assistant Assistant and Staff Support 2605

Rhonda Selinger Return to Work Coordinator COPE, PASS 2257

Lucy DeMartino Return to Work Coordinator All OSSTF bargaining units, DECE 2412

Nichola Robertson Return to Work Coordinator HWETL, HWOTL 2248

Rebecca Scherer Return to Work Coordinator CUPE 2383

Kristin Roy Staff Development Officer 2152

Kathy Forde Staff Development Support 2285

Matthew Kwan Manager, Health & Safety 2686

Deborah Chambers Health & Safety Assistant General Inquiries, Documents, Incident Reports 2687

Maria McDonagh Health & Safety Technician Water, First Aid, Air Quality and Noise Assessments 2688

Rebecca Wood Health & Safety Specialist Critical Injuries, Work Refusals, Workplace Inspections 2689

Masuma Khangura Manager Labour Relations 2942

Effie Philippeos Labour Relations Coordinator 2216

Brent Richardson Labour Relations Officer OSSTF & Occ., OCTU 2803

Angela Stumpo Labour Relations Officer HWETL, HWOTL, DECE, PSSP 2260

Pam Hutton Labour Relations Officer COPE, CUPE, ESL 2016

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Who to contact in Human Resources

(Revised: September 2017)

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EXECUTIVE REPORT TO

FINANCE AND FACILITIES COMMITTEE

TO: Finance and Facilities Committee

FROM: Manny Figueiredo, Director of Education DATE: October 11, 2017 PREPARED BY: Stacey Zucker, Associate Director, Support Services Denise Dawson, Senior Manager of Business Services RE: Elementary Enrolment Update

Action Monitoring x Background: Grant for Student Needs (GSN) funding is based on two enrolment count dates: October 31 and March 31. Expenditures and revenues in the 2017-2018 budget were calculated based on projected Average Daily Enrolment (ADE) which is calculated based on October 31, 2017 and March 31, 2018 projected enrolment. The preliminary elementary school staffing is also calculated based on projected 2017-2018 enrolment. In September, once actual enrolment is determined, staffing re-organization is completed based on class size and Collective Agreement requirements. This report provides an update to compare September elementary enrolment projections to original budget projections.

2017/2018 2017/2018 Increase Increase Budget September (Decrease) (Decrease) Estimate Projection ADE %

Elementary

Full Day Kindergarten 6,888.00 7,001.00 113.00 1.64%

Primary 10,504.00 10,577.00 73.00 0.69% Grades 4 -8 17,365.00 17,569.00 204.00 1.17%

Special Education 528.00 460.00 (68.00) (12.88%)

Total Elementary Enrolment 35,285.00 35,607.00 322.00 0.91%

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Staff Observations: As part of the 2017-2018 Budget process, enrolment was projected using the best information available and was used to determine staffing and calculated GSN revenue. Revised projections for 2017-2018 based on September actual enrolment and input from Elementary Administrators has been finalized and is reported above. Overall, elementary enrolment is 322.00 FTE higher than projected, for a number of reasons:

1. Growth from residential development in various locations across the Hamilton-Wentworth Area. This development continues to bring students from both outside the Hamilton area and from other communities in the city.

2. Enrolment projections for 2017-2018 were conservative as we not in a position to project the number of Syrian newcomers that would stay in Hamilton.

Conclusion: September 2017 elementary enrolment is 322.00 FTE more than projected. The increased enrolment will impact staffing and the 2017-2018 Budget.

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Hamilton-Wentworth District School Board

Finance and Facilities Committee

October 11, 2017

2017-18 Sept 14, 2017 Difference

Projected Enrolment Revised Projection

A.M. Cunningham 394.00 420.00 26.00

Adelaide Hoodless 424.00 443.00 19.00

Allan A. Greenleaf 496.00 542.00 46.00

Ancaster Meadow 648.00 628.00 (20.00)

Ancaster Senior 350.00 369.00 19.00

Balaclava 380.00 364.00 (16.00)

Bellmoore 1038.00 1086.00 48.00

Bennetto 482.00 506.00 24.00

Beverly Central 182.00 192.00 10.00

Billy Green 493.00 476.00 (17.00)

Buchanan Park 148.00 168.00 20.00

C.H. Bray 313.00 298.00 (15.00)

Cathy Wever 713.00 704.00 (9.00)

Cecil B. Stirling 280.00 273.00 (7.00)

Central 322.00 317.00 (5.00)

Chedoke 481.00 453.00 (28.00)

Collegiate Avenue 278.00 301.00 23.00

Cootes Paradise 605.00 640.00 35.00

Dalewood 269.00 274.00 5.00

Dr. J. Edgar Davey 491.00 509.00 18.00

Dr. John Seaton 200.00 197.00 (3.00)

Dundana 342.00 358.00 16.00

Dundas Central 400.00 411.00 11.00

Earl Kitchener 554.00 571.00 17.00

Eastdale 212.00 205.00 (7.00)

Elizabeth Bagshaw 375.00 419.00 44.00

Fessenden 514.00 524.00 10.00

Flamborough Centre 243.00 253.00 10.00

Franklin Road 507.00 520.00 13.00

Gatestone 617.00 597.00 (20.00)

George L. Armstrong 498.00 496.00 (2.00)

Glen Brae 324.00 330.00 6.00

Glen Echo 310.00 327.00 17.00

Glenwood 41.00 40.00 (1.00)

Gordon Price 384.00 382.00 (2.00)

Green Acres 287.00 278.00 (9.00)

Greensville/Spencer Valley 340.00 360.00 20.00

Guy B. Brown 675.00 671.00 (4.00)

Helen Detwiler 507.00 520.00 13.00

Hess Street 367.00 336.00 (31.00)

Highview 482.00 467.00 (15.00)

Hillcrest 541.00 550.00 9.00

Holbrook 215.00 213.00 (2.00)

Huntington Park 423.00 443.00 20.00

James Macdonald 359.00 336.00 (23.00)

Janet Lee 445.00 428.00 (17.00)

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Page 8: HUMAN RESOURCES COMMITTEE Thursday, October 19, 2017, …€¦ · HUMAN RESOURCES COMMITTEE Thursday, October 19, 2017 Room 340-D Hamilton-Wentworth District School Board 20 Education

2017-18 Sept 14, 2017 Difference

Projected Enrolment Revised Projection

Lake Avenue 491.00 492.00 1.00

Lawfield 688.00 713.00 25.00

Lincoln M. Alexander 247.00 245.00 (2.00)

Lisgar 301.00 299.00 (2.00)

Mary Hopkins 375.00 383.00 8.00

Memorial (City) 448.00 419.00 (29.00)

Memorial (Stoney Creek) 374.00 379.00 5.00

Michaelle Jean 229.00 248.00 19.00

Millgrove 186.00 192.00 6.00

Mount Albion 372.00 387.00 15.00

Mount Hope 387.00 360.00 (27.00)

Mountain View 333.00 347.00 14.00

Mountview 234.00 234.00 0.00

Norwood Park 503.00 524.00 21.00

Parkdale 220.00 188.00 (32.00)

Pauline Johnson 386.00 388.00 2.00

Prince of Wales 640.00 656.00 16.00

Queen Mary 613.00 609.00 (4.00)

Queen Victoria 554.00 579.00 25.00

Queens Rangers 131.00 126.00 (5.00)

Queensdale 336.00 340.00 4.00

R.A. Riddell 752.00 733.00 (19.00)

R.L. Hyslop 157.00 161.00 4.00

Ray Lewis 624.00 612.00 (12.00)

Richard Beasley 195.00 206.00 11.00

Ridgemount 457.00 457.00 0.00

Rosedale 164.00 191.00 27.00

Rousseau 262.00 276.00 14.00

Ryerson 405.00 426.00 21.00

Sir Isaac Brock 205.00 204.00 (1.00)

Sir Wilfrid Laurier 480.00 435.00 (45.00)

Sir William Osler 591.00 581.00 (10.00)

Strathcona 195.00 188.00 (7.00)

Tapleytown 322.00 354.00 32.00

Templemead 588.00 601.00 13.00

Tiffany Hills 343.00 359.00 16.00

Viscount Montgomery 388.00 392.00 4.00

W.H. Ballard 590.00 568.00 (22.00)

Westview 231.00 226.00 (5.00)

Westwood 265.00 258.00 (7.00)

Winona 888.00 875.00 (13.00)

Yorkview 186.00 201.00 15.00

35285.00 35607.00 322.00

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Page 9: HUMAN RESOURCES COMMITTEE Thursday, October 19, 2017, …€¦ · HUMAN RESOURCES COMMITTEE Thursday, October 19, 2017 Room 340-D Hamilton-Wentworth District School Board 20 Education

EXECUTIVE REPORT TO

HUMAN RESOURCES

COMMITTEE

TO: HUMAN RESOURCES COMMITTEE

FROM: Manny Figueiredo, Director of Education

DATE: October 12, 2017

PREPARED BY: Jamie Nunn, Superintendent of Human Resources

Gytis Grabauskas, Senior Human Resources Manager

RE: Elementary Staffing, Secondary Staffing and Support Staff

Action Monitoring

Background

In September of each, the Human Resources team presents the Human Resources Committee an update on staffing for each of the Board’s union groups for the previous school year. In addition, this report presents an update regarding any changes in staffing for September 2017.

Staff Observations:

Elementary Teacher Staffing

At the June 12, 2017 Board meeting, Trustees approved 2,175.70 FTE Elementary Teachers based on projected elementary enrolment at the time. Based on the increase of 322.00 FTE elementary students in September, it is necessary to increase elementary staffing to meet the Ministry class size requirements and the HWETL/HWDSB Collective Agreement.

HWDSB hired 7.6 FTE new elementary teachers for September 2017 as a result of retirements and resignations. As a result of increase in enrolment, the Board followed the following timeline to staff the additional classes required:

September 8 Enrolment snapshot taken

September 11 Elementary principals verify student enrolment

September 14 SOSAs revise school organizations

September 21, 22 Elementary Staffing Placement Committee assigns surplus staff

October 2-6 Interviews are conducted for Remaining Teaching Vacancies

September 29 Teachers begin new assignments

The Board added 25.20 FTE permanent staff as a result September reorganization.

Secondary Teacher Staffing

At the June 12, 2017 Board meeting, Trustees approved 997.17 FTE Secondary Teachers based on projected secondary enrolment at the time.

HWDSB hired 15 FTE new secondary teachers for September 2017 as a result of retirements and resignations.

Support Staff

Our support staff play a valuable role within our schools. The following represents the staffing update for our support staff for the 2016-2017 school year:

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Educational Assistants, COPE (including Occasional staff)

Throughout the 2016-2017 school year 148 Educational Assistants were hired to the occasional supply EA list. A total of 56 names were removed from the list in August 2017. As a result of resignations and retirements, 47 probationary staff were moved from the supply list into a permanent position effective September 1, 2017. In total, 350 supply staff are on the list. 128 have been placed into LTO assignments leaving 222 on the short term supply list.

Designated Early Childhood Educators, DECE (including Occasional staff)

Throughout the 2016-2017 school year, 25 Designated Early Childhood Educators were hired to the occasional supply DECE list. A total of 10 names were removed from the list in August 2017. As a result of resignations and retirements, 12 probationary staff were moved from the supply list into a permanent position effective September 1, 2017. In total, 127 supply staff are available as of September 2017. Twenty eight have been assigned to LTO assignments to start the school year leaving 99 people on the short term supply list.

Office Clerical Technical, OCTU (including Occasional Staff)

Throughout the 2016-2017 school year, 66 Office Clerical and Technical staff were hired to the occasional supply list. As a result of resignations and retirements, 18 probationary staff were moved from the supply list into a permanent position effective September 1, 2017. In total, the school year list started with 156 supply staff available for both LTO and short term casual work. One hundred and fourteen supply staff are on the daily supply list as 42 have been placed into LTO assignments.

Canadian Union of Public Employees, CUPE (including Supply Staff)

Throughout the 2016-2017 school year, 47 CUPE staff were hired to the occasional supply list. As a result of resignations and retirements, 2 probationary staff were moved from the supply list into a permanent position effective September 1, 2017. In total, 98 supply staff are available in September 2017 for daily work.

Next Steps Human Resources Team is committed to increasing the number of staff available for occasional and daily supply work within our schools. As such, we are hiring additional Educational Assistants, Office Clerical and Technical staff and Elementary Occasional Teachers and Secondary Occasional Teachers this fall. We are working closely with Corporate Communications to promote and encouraged interested candidates to apply to the postings.

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1

EXECUTIVE REPORT TO

HUMAN RESOURCES

COMMITTEE

TO: HUMAN RESOURCES COMMITTEE

FROM: Manny Figueiredo, Director of Education

DATE: October 12, 2017

PREPARED BY: Jamie Nunn, Superintendent of Human Resources

Gytis Grabauskas, Senior Manager of Human Resources

RE: Extension Agreements Update

Action Monitoring

Background

Collective Agreements are in place for all unionized staff at the HWDSB. Under the School Boards Collective

Bargaining Act framework, the agreements include both local and central terms of employment. For unionized staff,

the terms of the Collective Agreement were effective from September 1, 2014 to August 31, 2017. The

Government took the initiative to negotiate extension to these agreements which have now been finalized and are

being implemented.

The Ontario Principals’ Council also reached agreement to extend their Terms and Conditions of Employment with

school Boards. Their contracts covered the period of September 1, 2014 to August 31, 2018. An extension to

these agreements have also been finalized. The extension agreement brings stability to the terms and conditions

through August 31, 2020 and will also continue the separation between the timing of P/VP discussions and the

negotiation of teacher and education workers collective agreements, whose extension lasts until August 31, 2019.

Summary of changes as per the extension agreement

Support Staff Agreements:

Office, Clerical and Technical Unit – (OCTU) OSSTF

Professional Student Services Personnel Unit (PSSP) OSSTF

English as a Second Language Instructors (ESL) OSSTF

Canadian Office and Professional Employees Union (COPE)

Canadian Union of Public Employees (CUPE)

Designated Early Childhood Educators (DECE) ETFO

Summary of changes:

Current Collective Agreement expired August 31st, 2017 – Extension to August 31, 2019

All local terms status quo for the full term

Letters of agreement dates have been changed to reflect the extension dates.

Compensation adjustments:

o September 1, 2017 – 1.5%

o September 1, 2018 – 1.0%

o February 1, 2019 – 1.0%

o August 31, 2019 – 0.5%

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2

Lump sum payment September 1, 2017 (in recognition of professional development opportunities and

expenses) of 0.5% of earned wages in the 2016/2017 school year.

Benefit cost increase to support Trust costs of 4% September 1, 2017 and 4% September 1, 2018.

Violence Prevention Task Force Created

Staffing funding increase through Investment in System Priorities (See Table 1)

Teacher Agreements:

Hamilton Wentworth Elementary Teachers Local (HWETL)

Hamilton Wentworth Occasional Teachers Local (HWOTL)

Ontario Secondary School Teachers Federation (OSSTF) Teachers and Occasional Teachers

Current Collective Agreement expired August 31st, 2017 – Extension to August 31, 2019

All local terms status quo for the full term

Letters of agreement dates have been changed to reflect the extension dates.

Compensation adjustments:

o September 1, 2017 – 1.5%

o September 1, 2018 – 1.0%

o February 1,, 2019 – 1.0%

o August 31, 2019 – 0.5%

Lump sum payment September 1, 2017 (in recognition of professional development opportunities and

expenses) of 0.5% of earned wages in the 2016/2017 school year.

Benefit cost increase to support Trust costs of 4% September 1, 2017 and 4% September 1, 2018.

Violence Prevention Task Force Created

Half Day PA day reserved for Health and Safety will have training on violent incidents (ETFO).

Staffing funding increase through Investment in System Priorities (See Table 1)

Adult Day School Funding increase (OSSTF) to work toward reaching parity with Day School teachers.

Central committee will provide guidelines.

Principal and Vice Principals Terms and Conditions of Employment:

Current Terms and Conditions of Employment expired August 31st, 2018 – Extension to August 31, 2020

All local terms status quo for the full term

Letters of agreement dates have been changed to reflect the extension dates.

Compensation adjustments:

Instead of 2 salary increase installments in 2017/18, there will now be 1. The combined total of the previous 2

increases will be paid out on September 1, 2017. Salary increases to each step of the grid will take place on the

following dates:

o August 31, 2017 - $ 284

o September 1, 2017 - $1,729

o September 1, 2018 - $1,170

o February 1, 2019 - $1,170

o August 31, 2019 - $ 585

o September 1, 2019 - $1,200

Benefit cost increase to support Trust costs of 4% on September 1, 2018.

Lump sum payment September 1, 2017 (in recognition of professional development opportunities and

expenses) of 0.5% of earned wages in the 2016/2017 school year.

Investment in System Priorities - $98,172 to be used for local priorities other than compensation.

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3

TABLE 1

Local Priorities Staffing

Special

Education

Other

Priorities

Total

Union Group FTE FTE FTE

Elementary Teachers 10.50 7.50 18.00

Secondary Teachers 3.50 5.00 8.50

Educational Assistants 23.00 - 23.00

CUPE - 10.00 10.00

OCTU - 7.50 7.50

PSSP 1.50 - 1.50

Total 38.50 30.00 68.50

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1

EXECUTIVE REPORT TO

HUMAN RESOURCES

COMMITTEE

TO: HUMAN RESOURCES COMMITTEE

FROM: Manny Figueiredo, Director of Education

DATE: October 12, 2017

PREPARED BY: Jamie Nunn, Superintendent of Human Resources

Gytis Grabauskas, Senior Manager of Human Resources

RE: Bill 115 Remedy Agreements Update

Action Monitoring

Background

In the Fall of 2012 the Ontario government created the Putting Students First Act (Bill 115). In response to

the Bill, unions in the education sector challenged the Bill in the Ontario Superior Court of Justice. In April

2016, the Ontario Superior of Justice ruled that Bill 115 was a violation of the collective bargaining rights of

education unions. As a result, remedy settlement agreements were reached between the Crown OSSTF, COPE

and CUPE with implementation of those remedies to begin this Fall. ETFO does not have a remedy agreement

in place at the time of this report.

Remedy Summary:

OSSTF Teachers Bargaining Unit and Support Staff Units (OCTU, PSSP, ESL)

Paid Day off (Teachers Only)

o An additional day off with pay will be available to all permanent OSSTF-represented teachers

(not long-term occasional teachers) who were employed in the 2016-17 school year, regardless

of date of hire. The day is to be taken either the 2017-18 or the 2018-19 school year, but not

thereafter. The parameters for the leaves will be as follows:

Requests for a paid day off shall not be denied provided that, if necessary, there are

expected to be enough available occasional staff to cover for absent employees. They

are also subject to reasonable system and school requirements.

Teachers taking a paid day off 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.

Paid days off will not include the first week of the school year and days needed to

support student assessment periods and parent reporting.

Retirement Gratuities

o In addition to the paid day off, the remedy also provides for a payment to all affected OSSTF-

represented permanent teachers and support staff to compensate for lost or reduced sick leave

credit gratuities, as at August 31, 2012. Those that received a wind-up payment in lieu of a

gratuity at retirement will receive a payment of $1208.00, while those that are eligible for a

retirement gratuity will receive a payment of $604.00.

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o OSSTF-represented former permanent employees who retired, resigned or passed away from

the board after August 31, 2012 will also be eligible for this payment.

Grid Restoration

o The Crown has also agreed to provide a lump sum payment to reflect half of the loss created

by the grid movement delay in the 2012-13 and 2013-14 school years for all those impacted

occasional and permanent teachers. OSSTF-represented employees who are now employed

with a different school board or have resigned qualify for this lump-sum payout. The Board will

be making these grid restoration payments by the last payment in June 2018. The calculation

for grid restoration will be determined by taking the total loss of salary incurred by the

employee for the 2012-13 and 2013-14 school years multiplied by 50 percent.

CUPE

The parties agreed to compensate applicable CUPE represented staff with a one-time general damage award

for a breach of Charter rights. The parties agreed that the amount to be paid to each affected CUPE member

would be apportioned depending on whether a person was a CUPE employee in one of the 2012-13 or 2013-

14 school years or in both years. The details of the applicable compensation will be provided in due course.

Process Deadlines:

The school board data has been disclosed to CUPE to complete their due diligence review. Any dispute

related to the provision of data will be referred back to the arbitrator. Depending on the outcome of the due

diligence review, the data may be subject to reconciliation.

CUPE was to notify its members of any entitlement to a payment by October 1, 2017. If an individual CUPE

member’s entitlement is in dispute, CUPE may refer the question to arbitration no later than October 31,

2017 for a determination.

Individual payments to entitled CUPE members will be expected to occur no later than six weeks from

October 31, 2017 or following the completion of all disputes, whichever occurs later.

The method for distributing the one-time payment award was determined by an Arbitrator who ordered that

the funding would flow through the school boards to individual applicable CUPE members. This payment will

August 31, 2017

Deadline for school boards to submit employment data to

the ministry.

September 30, 2017

Deadline for CUPE to complete due diligence review.

October 1, 2017

CUPE to notify members of payment.

October 31, 2017

Deadline for CUPE to refer to arbitration any disputes in

individual members’ entitlement.

No later than 6 weeks post completion

of any disputes raised prior to October

31, 2017.

Crown to make payment to school boards and school

boards to issue payments to entitled CUPE members.

Further details will be provided.

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be provided to school boards through a transfer payment agreement pending the timing of settlement of any

disputes, which will provide further details on the process and the amounts to be distributed.

COPE

As part of this agreement, COPE represented staff employed by school boards or school authorities in either

2012-13 or 2013-14 school years will receive a one-time payment. School boards or school authorities are

being asked to make this payment to the COPE represented employees. COPE will be providing the ministry

with a list of their members who are eligible to receive payments under this agreement. The list will identify

the school board or school authority, employee name, bargaining unit, and the payment amount (based on

the years employed).

In order for COPE to identify the members that are entitled to a payment, the union will be approaching our

board for a list of their members for the affected years, which we will provide when requested.

Once COPE provides their list to the Ministry, they will develop Transfer Payment Agreements (TPAs) to

provide funding for the payments that the school board/authority will need to sign and return to the ministry.

The TPA will include the list of represented COPE employees, the payment amounts for each employee,

timing requirements for the payment, and other instructions.

ETFO Teachers and Designated Early Childhood Educators

ETFO has not reached a remedy agreement with the Crown at this time. The matter is now in front of the

courts for resolution.

Assistance to School Boards

In an effort to assist boards in administering the provisions of the remedy agreement, the ministry will provide

boards with funding equivalent to approximately 1.25 percent of the remedy funding allocation. This amount

will be included in the individualized transfer payment agreements noted above.

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