secondary teachers collective agreement · Luz del Rosario Bruno Iannicca Esther O’Toole DPSU...

secondary teachers’collective agreement

september 1, 2014august 31, 2017

the dufferin-peel catholicdistrict school board

Board of Trustees

Chair Mario Pascucci

Vice Chair Thomas Thomas

Trustees:

Anna da Silva Darryl Brian D’Souza

Shawn Xaviour Sharon Hobin

Anna Abbruscato Frank Di Cosola

Luz del Rosario Bruno Iannicca

Esther O’Toole

DPSU Unit Executive

President Peter MacDonald

First Vice-President Maria De Berardinis

Second Vice-President John Hynan

Treasurer Charles Laforet

Treasurer-Designate Chris Clarke

Recording Secretary Michelle Ouellette

Councillor Andrew Robertson

Councillor Jennifer Pouw-Witter

Councillor Ryan Dollimore

Councillor Brenda Golden

Councillor Joann Mansfield

Administration

Director of Education John Kostoff

Associate Director, Instructional Services Sheila McWatters

Associate Director, Corporate Services, Chief Financial Officer and Treasurer John Hrajnik

Superintendent of Financial Services Julie Cherepacha

Superintendent of Human Resources & Employee Relations Clara Pitoscia

Superintendent of Planning Daniel Del Bianco

Superintendent of Strategic Planning, Policy and Special Projects Charles Blanchard

Superintendent for Early Years/Community Relations & Partnerships Marianne Mazzorato

Superintendent of Program Max Vecchiarino

Assistant Superintendent of Program Deborah Finegan-Downey

Superintendent of Special Education and Support Services Shirley Kendrick

Assistant Superintendent of Special Education and Support Services Eric Fischer

Superintendent of Family of Schools: Les Storey

Denise Oude-Reimerink

Sue Steer

Lucy Papaloni

Tim Lariviere

Tilia Cruz

David Amaral

PREAMBLE

The collective agreement shall consist of two parts. Part “A” consists of provisions respecting Central

Issues. Part “B” consists of provisions with respect to Local Issues and certain Central Issues.

Part A: pages 1 to 52

Part B: pages 53 to 122

Table of Contents

1. TERM, NOTICE AND RENEWAL OF COLLECTIVE AGREEMENT .................................. 4

1.1 Term of Agreement ........................................................................................ 4

1.2 Amendment of Terms ..................................................................................... 4

1.3 Notice to Bargain ........................................................................................... 4

2. SALARY, WAGES, ALLOWANCES.......................................................................... 4

3. SICK LEAVE/SHORT-TERM LEAVE AND DISABILITY PLAN – PERMANENT TEACHERS .. 5

3.1 Sick Leave Benefit Plan ................................................................................... 5

3.2 Sick Leave Days............................................................................................. 6

3.3 Short-Term Leave and Disability Plan (STLDP) ................................................... 6

3.4 Teacher Pension Plan Implications .................................................................... 6

3.5 Eligibility and Allocation .................................................................................. 7

3.6 Short-Term Leave and Disability Plan Top-Up (STLDPT) ...................................... 8

3.7 Administration ............................................................................................... 9

3.8 Long Term Disability (LTD) ............................................................................ 10

4. SICK LEAVE/SHORT-TERM DISABILITY PLAN – LONG-TERM OCCASIONAL TEACHERS

AND TEACHERS EMPLOYED IN A TERM POSITION ........................................................ 11

4.1 Sick Leave Benefit Plan ................................................................................. 11

4.2 Sick Leave Days........................................................................................... 12

4.3 Short-Term Leave and Disability Plan (STLDP) ................................................. 12

4.4 Teacher Pension Plan Implications .................................................................. 12

4.5 Eligibility and Allocation ................................................................................ 13

4.6 Administration ............................................................................................. 14

4.7 Long Term Disability (LTD) ............................................................................ 15

5. RETIREMENT GRATUITIES AND VOLUNTARY EARLY PAYOUT PLAN......................... 17

6. PROFESSIONAL JUDGMENT AND EFFECTIVE USE OF DIAGNOSTIC ASSESSMENT .... 17

6.3 Diagnostic Assessment ................................................................................. 18

7. BENEFITS ...................................................................................................... 18

8. EARNED LEAVE PLAN ....................................................................................... 18

9. RETURN TO BARGAINING UNIT FOR PERMANENT TEACHERS ................................ 20

10. RETURN TO BARGAINING UNIT FOR PRINCIPALS AND VICE-PRINCIPALS ............... 20

11. BOARD-LEVEL JOINT STAFFING COMMITTEE (JSC) .............................................. 21

12. RECALL RIGHTS .............................................................................................. 22

13. WSIB TOP-UP ................................................................................................. 22

14. PREGNANCY LEAVE SEB PLAN ........................................................................... 22

15. STATUTORY LEAVES OF ABSENCE/SEB .............................................................. 23

15.1 Family Medical Leave or Critically Ill Child Care Leave .................................... 23

Supplemental Employment Benefits (SEB)................................................................ 23

16. PAID LEAVES OF ABSENCE ............................................................................... 24

17. HIRING PRACTICES ......................................................................................... 24

17.1 Hiring Practice .......................................................................................... 24

17.1.1 Seniority ............................................................................................ 24

17.1.2 The Occasional Teacher Seniority Roster (the “Roster”) ........................... 25

17.1.3 The Hiring of Occasional Teachers in Long Term Assignments: ................. 25

17.1.4 The Hiring of Occasional Teachers to Permanent Teaching Positions: ......... 27

18. INFORMATION DISCLOSURE TO THE OCCASIONAL TEACHER BARGAINING UNIT .... 27

19. ACCESS TO INFORMATION ............................................................................... 28

20. CENTRAL DISPUTE RESOLUTION PROCESS ........................................................ 28

LETTER OF AGREEMENT #1 ....................................................................................... 31

RE: Changes to FTE Status Pilot Project .................................................................. 31


Re: RETIREMENT GRATUITIES ................................................................................ 33


RE: Health and Safety ........................................................................................... 34


RE: Existing Provisions on Utilization of Sick Leave/STLDP Days .................................. 36


RE: Benefits ........................................................................................................ 37

1. PRINCIPLES ............................................................................................. 37

2. GOVERNANCE ........................................................................................... 38

3. ELIGIBILITY AND COVERAGE ...................................................................... 38

4. FUNDING ................................................................................................. 39

5. SHARED SERVICES ................................................................................... 44

6. ACCOUNTABILITY ..................................................................................... 45

7. TRANSITION COMMITTEE........................................................................... 46

8. ENROLMENT ............................................................................................. 46

9. Errors and Omissions ................................................................................ 46

10. Claims Support ......................................................................................... 47

11. Privacy .................................................................................................... 47

12. PAYMENTS ............................................................................................... 47

Appendix A – HRIS File ....................................................................................... 48

Appendix B ........................................................................................................ 49

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Part A: CENTRAL TERMS

1. TERM, NOTICE AND RENEWAL OF COLLECTIVE AGREEMENT

1.1 Term of Agreement

The term of this collective agreement, including central terms and local terms, shall

be for a period of three (3) years from September 1, 2014 to August 31, 2017,

inclusive.

1.2 Amendment of Terms

The central terms of this agreement, excepting term, may only be amended during

the life of the agreement upon mutual consent of the central parties and agreement

of the Crown.

1.3 Notice to Bargain

Whereas central bargaining is required under the School Boards Collective

Bargaining Act, 2014, notice to bargain centrally shall be in accordance with that Act,

and with the Labour Relations Act. Notice to bargain centrally constitutes notice to

bargain locally.

2. SALARY, WAGES, ALLOWANCES

2.1 Boards shall adjust their current salary grids, wage schedules and allowances in

accordance with the following schedule:

2.1.1 September 1, 2014: 0%

2.1.2 September 1, 2015

2.1.2.1 Restoration of grid movement

2.1.2.2 Provisions in collective agreements between OECTA and English

language separate district school boards which delay movement through

and across salary grids in accordance with experience and qualifications

until the 97th day of the school year shall be deemed to be null and void

and thereafter, shall not form part of those collective agreements.

2.1.2.3 Lump Sum Payments

2.1.2.3.1 Permanent Teachers

Other than occasional teachers and term assignment teachers, all

bargaining unit teachers employed by an English-language separate

district school board on September 8, 2015, shall be paid a lump sum

amount equal to 1% of earned wages in effect September 1, 2015. For

clarity, a teacher need not be actively at work on September 8, 2015 as

a condition of entitlement to the lump sum. The lump sum is payable

within 30 days of the ratification of the Memorandum of Local Terms.

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In the event that a teacher in the employ of a board resigns, retires or

is terminated prior to the end of the 2015 – 2016 school year, there

shall be no recovery of any of the lump sum payment.

2.1.2.3.2 Occasional and Term Assignment Teachers

2.1.2.3.2.1 All Occasional teachers and teachers in a term assignment in the

employ of an English-Language separate district school board on

September 8, 2015 shall be paid a lump sum amount equal to 1%

of earned wages for the period September 1, 2015 to June 30,

2016 payable not later than July 30, 2016 or thirty days (30) from

the date of ratification of the memorandum of settlement of local

terms, whichever is later.

2.1.2.3.2.2 For clarity, an occasional teacher or a teacher in a term

assignment need not be actively at work on September 8, 2015 as

a condition of entitlement to the lump sum.

2.1.2.3.2.3 For purposes of all the foregoing payments and increases,

employment commences upon the offer and acceptance of a

teaching position.

2.1.3 September 1, 2016

2.1.3.1 The parties agree that a 1% increase shall be applied to salary grids, wage

schedules and to position of responsibility allowances.

2.1.4 The parties further agree that on the 98th day of the 2016/2017 school year a

further increase of 0.5% shall be applied to salary grids, wage schedules and to

position of responsibility allowances.

3. SICK LEAVE/SHORT-TERM LEAVE AND DISABILITY PLAN – PERMANENT

TEACHERS

3.1 Sick Leave Benefit Plan

The school board will provide a sick leave/short-term leave and disability plan which

will provide sick leave days and short-term leave and disability coverage to

permanent full-time and part-time teachers, when the teacher is ill or injured or for

purposes of personal medical appointments as described below. Teachers employed

in a term position (including but not limited to adult and continuing education

assignments) or filling a long-term assignment, shall be eligible to receive sick leave

benefits under this plan in accordance with the provisions in the Sick Leave/Short-

Term Leave and Disability Plan – Long-Term Occasional Teachers and Teachers

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Employed in a Term Position. A teacher is eligible for a full allocation of sick leave

and short-term leave and disability plan days regardless of start date of

employment. Sick leave/Short-Term Leave and Disability Plan days will be deducted

in increments consistent with existing practices.

3.2 Sick Leave Days

Subject to paragraphs 3.4-3.8 below, full-time teachers will be allocated eleven

(11) sick days payable at one hundred percent (100%) of salary on the first day of

each school year. (Clarification- For permanent full time teachers the rate will be

calculated by dividing annual grid salary inclusive of any applicable allowances, by

194.) When a teacher’s employment status is less than full time, the teacher’s

eligibility for sick leave credits shall be prorated by the ratio that the teacher’s FTE

status is to full time status. Teachers on an unpaid leave of absence are not eligible

to access benefits under this article for the portion of the workday for which the

teacher is on an unpaid leave of absence. Sick leave days may be used for reasons

of personal illness and injury, and personal medical appointments.

3.3 Short-Term Leave and Disability Plan (STLDP)

Subject to paragraphs 3.4-3.8 below, full-time teachers will be allocated one

hundred and twenty (120) STLDP days on the first day of each school year. If a

teacher’s employment status is less than full time, the teacher’s eligibility for short-

term disability days shall be prorated by the ratio that the teacher’s FTE status is to

full time status. Teachers on an unpaid leave of absence are not eligible to access

benefits under this article for the portion of the workday for which the teacher is on

an unpaid leave of absence. Teachers eligible to access short-term leave and

disability coverage shall receive payment equivalent to ninety percent (90%) of

annual grid salary (calculated by annual grid salary inclusive of any applicable

allowances, multiplied by 90% divided by 194), in accordance with the terms of this

central agreement.

3.4 Teacher Pension Plan Implications

3.4.1 Contributions will be made by the employee/plan member on the unpaid

portion of each sick leave day under the STLDP, unless directed otherwise in

writing by the employee/plan member;

3.4.2 The government/employer will be obligated to match these contributions;

3.4.3 If the plan member/employee exceeds the maximum allowable sick-days and

does not qualify for Long-Term Disability (LTD)/Long-Term Income Protection

(LTIP), pension contributions will cease and the employee is not eligible to earn

pensionable service until the LTD/LTIP claim is re-assessed and approved or if

the employee returns to active employment whether on a part time or

graduated basis.

3.4.3.1 If the LTD/LTIP claim is re-assessed and approved, then the member

will be entitled to earn service by making contributions subject to

existing plan provisions for a period of time that does not exceed the

difference between the last day of work and the day when LTIP benefits

begin and the government/employer will be obligated to match these

contributions.

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3.4.3.2 If not approved for LTD/LTIP, such absence shall be subject to existing

plan provisions.

3.5 Eligibility and Allocation

3.5.1 The allocations outlined in paragraphs 3.2 and 3.3 above, will be provided on

the first day of each school year. In the event that a teacher is absent on the

first day of the school year, the allocations outlined in paragraphs 3.2 and 3.3

above will be granted subject to the restrictions outlined in paragraphs 3.5.3

to 3.5.5. If a teacher is absent on the last day of a school year and the first

day of the following school year for unrelated reasons, the allocations outlined

in paragraphs 3.2 and 3.3 above will be provided on the first day of the school

year.

3.5.2 Changes to the teacher’s employment status during a school year shall result in

an adjustment to allocations, as per 3.2 Sick Leave Days and 3.3 Short-Term

Leave and Disability Plan.

3.5.3 Where a teacher is accessing sick leave and/or the short-term leave and

disability plan in a school year and the absence for the same condition

continues into the following school year, the teacher will continue to access any

unused sick leave days or short-term disability days from the previous school

year’s allocation. A new allocation in accordance with paragraphs 3.2 and 3.3

will not be provided to the teacher until s/he has submitted medical clearance

(consistent with the requirements of paragraph 3.7) confirming that s/he is

able to return to work and a bona fide return to work occurs.

3.5.4 A teacher who has utilized 131 days of combined sick leave and short-term

leave and disability leave in the immediately preceding school year and

continues to be absent for the same condition must provide medical clearance

(consistent with the requirements of paragraph 3.7) confirming s/he is able to

return to work and a bona fide return to work occurs, before s/he will be

allocated further leave under this Article in the next school year.

3.5.5 A teacher returning from a long-term disability leave must provide medical

clearance (consistent with the requirements of paragraph 3.7) confirming s/he

is able to return to work and a bona fide return to work occurs for the teacher

to receive a new allocation of sick leave/short-term leave and disability leave.

If the teacher has a recurrence of the same illness or injury the teacher is

required to apply to reopen the previous LTD or WSIB claim.

3.5.6 WSIB remains first payor. A teacher who is receiving benefits under the

Workplace Safety and Insurance Act, is not entitled to benefits under a school

board’s sick leave and short-term leave and disability plan for the same

condition. However, where a teacher is receiving partial benefits under WSIB,

they may be entitled to receive benefits under the sick leave plan, subject to

the circumstances of the specific situation. During the interim period from the

date of injury/incident or illness to the date of approval by the WSIB of the

claim, the teacher may access sick leave and short-term leave and disability

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coverage. A reconciliation of sick leave deductions made and payments

provided, will be undertaken by the school board once the WSIB has

adjudicated and approved the claim. In the event that the WSIB does not

approve the claim, the school board shall deal with the absence consistent with

the terms of this sick leave and short-term leave and disability plan.

3.5.7 LTD remains first payor. A teacher who is receiving benefits under an LTD plan,

is not entitled to benefits under a school board’s sick leave and short-term

leave and disability plan for the same condition. However, where a teacher is

receiving partial benefits under an LTD plan, they may be entitled to receive

benefits under the sick leave plan, subject to the circumstances of the specific

situation. During the interim period from the date of injury/incident or illness to

the date of approval by the LTD carrier of the claim, the teacher may access

sick leave and short-term leave and disability coverage. A reconciliation of sick

leave deductions made and payments provided, will be undertaken by the

school board once the LTD carrier has adjudicated and approved the claim. In

the event that the LTD carrier does not approve the claim, the school board

shall deal with the absence consistent with the terms of this sick leave and

short-term leave and disability plan.

3.5.8 Where a teacher is not receiving benefits from another source, and is working

less than their full time equivalency in the course of a graduated return to work

as the teacher recovers from an illness or injury, the teacher may use any

sick/short-term leave and disability allocation remaining, if any, for the portion

of the day where the teacher is unable to work due to illness or injury. A partial

sick/short-term leave day will be deducted for an absence of a partial day in

the same proportion as the duration of the absence is to a full instructional

day.

3.6 Short-Term Leave and Disability Plan Top-Up (STLDPT)

For teacher absences that extend beyond the eleven (11) sick leave days provided

above, teachers will have access to a sick leave top up for the purpose of topping up

salary to one hundred percent (100%) under the Short-term Leave and Disability

Plan.

This top up is calculated as follows:

3.6.1 Eleven (11) days less the number of sick days used in the prior year. These

days constitute the top-up bank.

3.6.2 In addition to the top-up bank, compassionate leave top-up may be considered

at the discretion of the board. The compassionate leave top-up will not exceed

two (2) days and is dependent on having two (2) unused leave days in the

current year. These days can be used to top-up salary as described in 3.6.1

above.

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3.6.3 When teachers use any part of a short-term sick leave day they may access

their top-up bank to top up their salary to 100%. For clarity, one day in a top-

up bank may be used to top-up ten days of STLDP from 90% to 100% of

salary.

3.7 Administration

3.7.1 A school board may request medical confirmation of illness or injury confirming

the dates of absence, the reason therefore (omitting a diagnosis), the teacher’s

prognosis and any limitations or restrictions. Medical confirmation will be

required to be provided by the teacher as determined by the school board for

absences of 5 consecutive days or greater. Boards are entitled to make

reasonable follow up requests and seek reasonable periodic updates. Requests

shall be sent to the teacher who shall be responsible for authorizing their

medical practitioner to respond in a timely fashion. The medical confirmation

and follow up requests may be required to be provided in the attached form

(Appendix B) or on forms as mutually agreed between the school board and

the Association, where appropriate. Where a school board requires the

completion of the attached form (or other similar form) it shall reimburse the

cost up to a maximum of $45.00, or in accordance with existing practice (i.e.

the manner in which it was reimbursed as of August 31, 2014).

3.7.2 School boards shall provide to the local unit president(s) a list of all teachers

who have been absent for eleven (11) or more consecutive days within a week

following the end of each calendar month. This report shall be for the purpose

of activating the early intervention program associated with the OECTA LTD

plan.

3.7.3 Teachers returning to work after an extended medical leave of absence or

seeking accommodation will be required to provide medical clearance

(consistent with the requirements herein) providing confirmation of fitness to

return to work, outlining any limitations or restrictions prior to returning to

active employment. A return to work meeting shall occur prior to the teacher

returning to active employment. The returning teacher, the unit president (or

designate) and Human Resource Supervisory Officer (or designate) shall be

notified of and entitled to attend the return to work meeting. The parties agree

that return to work meetings are to be scheduled in a timely manner but not

more than ten (10) weekdays after receiving medical clearance and any

reasonably required follow up to return to active employment. Requests for

follow up information shall be made in a timely manner. The timelines may be

extended if there are extenuating circumstances, by mutual agreement.

3.7.4 In cases where a teacher refuses to reasonably cooperate in the administration

of the sick leave and short-term leave and disability plan, access to

compensation may be suspended or denied. Before access to compensation is

denied, discussion will occur between OECTA and the school board.

Compensation will not be denied for the sole reason that the medical

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practitioner refuses to provide the required medical information. In such cases,

a school board may require an independent medical examination to be

completed by a medical practitioner qualified in respect of the illness or injury

at issue of the school board’s choice at the school board’s sole expense.

In cases where the teacher’s failure to cooperate is the result of a medical

condition, the board shall consider those extenuating circumstances in arriving

at a decision.

3.7.5 Medical information collected under this article will not be subject to

unreasonable review by boards. Boards will accommodate limitations and

restrictions consistent with their duty to accommodate.

3.8 Long Term Disability (LTD)

3.8.1 The school board shall cooperate in the administration of the LTD Plan. It is

understood that administration means that the school board will co-operate

with the enrolment and deduction of premiums and provide available necessary

data to the insurer, upon request. The school board will remit premiums

collected to the carrier on behalf of the teachers.

3.8.2 Where the plan administrator implements changes in the terms and conditions

of the LTD Plan or the selection of an insurance carrier, the school board shall,

for administrative purposes, be advised of changes at least thirty (30) days

prior to the date the changes are to be implemented.

3.8.3 The Association is the policyholder of the Long-Term Disability Plans effective

January 1, 2013, except as determined by 3.8.9 below. School boards shall

promptly provide all data, related to the Long-Term Disability Plans, as

requested by the Association’s carrier.

3.8.4 All teachers shall participate in the Long-Term Disability Plan as a condition of

their employment subject to the terms of the respective plan.

3.8.5 The Association will work with school boards and/or OCSTA to consider

including non-teaching staff in a separate plan(s) where the viability of a

current LTD plan remains in question after the teachers are withdrawn from the

existing plan. The Association will decide upon any request by a school board

whether or not to accept other employee groups into a long term disability

plan(s), subject to plan provisions as determined by the Association.

3.8.6 The school boards shall enroll all teachers, identified in paragraph 3.8.4 above,

in the Long-Term Disability Plan in the manner prescribed by the Association.

3.8.7 The school boards shall complete the Plan Administrator Statement as required

by the plan provisions. The plan provider shall provide teachers identified in

paragraph 3.8.4 above represented by the Association with LTD Claim kits.

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3.8.8 The school boards shall be responsible for the deduction and remittance of LTD

premium contributions within fifteen (15) days in the manner prescribed by the

Association. Boards shall be responsible for collecting premiums from teachers

who are on a leave of absence from the board.

3.8.9 The Association shall consider requests by the Dufferin-Peel, Huron-Superior

and London District Catholic School Boards to be a part of the Association

Long-Term Disability Plan. The school boards shall continue to pay the LTD

premiums for teachers and remit said premiums in accordance with paragraph

3.8.8 above unless otherwise agreed to by those school boards and the

respective local units of the Association.

3.8.10 The Association shall assume all other administrative functions of the Long-

Term Disability Plans for the Teachers.

3.8.11 The Association shall determine the design of the Long-Term Disability Plans,

the terms and conditions of the plans and the selection of carrier(s), except for

those boards listed in 3.8.9 above.

3.8.12 The school board shall provide the local unit notice regarding all individuals

who begin to access the short-term leave and disability plan.

3.8.13 School boards shall participate in early intervention programs initiated on

behalf of disabled teachers.

3.8.14 School boards shall participate in return to work programs initiated on behalf of

disabled teachers.

3.8.15 School boards will not draw down on reserves, surpluses and/or deposits out of

the teachers’ share of the LTD plan without the express written consent of the

Association. Such consent shall not be unreasonably withheld. This clause

does not apply where the school board pays 100% of the LTD premiums

(Dufferin-Peel CDSB and Huron-Superior CDSB).

3.8.16 LTD is separate and distinct from STLDP and sick leave. An unsuccessful LTD

claim does not preclude a teacher from receiving STLDP and sick leave.

4. SICK LEAVE/SHORT-TERM DISABILITY PLAN – LONG-TERM OCCASIONAL TEACHERS AND TEACHERS EMPLOYED IN A TERM

POSITION

4.1 Sick Leave Benefit Plan

The school board will provide a sick leave/short-term leave and disability plan

which will provide sick leave days and short-term leave and disability coverage to

teachers employed in a term position (including but not limited to adult and

continuing education assignments) or filling a long-term assignment, when the

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teacher is ill or injured or for purposes of personal medical appointments as

described below. Sick leave/Short-Term Leave and Disability Plan days will be

deducted in increments consistent with existing practices.

4.2 Sick Leave Days

Subject to paragraphs 4.4 - 4.6 below, teachers employed by a board to fill a

term or long-term teaching assignment that is a full year will be allocated eleven

(11) sick days payable at one hundred percent (100% - calculated by dividing

annual grid salary, inclusive of any applicable allowances, by 194 OR their daily

rate, as applicable) allocated at the commencement of the assignment. A teacher

who is employed by a board to fill a term or long-term teaching assignment that

is less than a full year will be allocated eleven (11) sick days, reduced to reflect

the proportion the assignment bears to the length of the regular work year (194

days), and allocated at the start of the assignment. If a teacher’s employment

status is less than full-time, the teacher’s allocation of sick leave credits shall be

prorated by the ratio that the teacher’s FTE status is to full-time status. Sick

leave days may be used for reasons of personal illness and injury, and personal

medical appointments.

4.3 Short-Term Leave and Disability Plan (STLDP)

4.3.1 Subject to paragraphs 4.4 - 4.6 below, a teacher employed by a board to fill a

term or long-term teaching assignment that is a full year will be allocated one

hundred and twenty (120) STLDP days on the first day of the teacher’s

assignment. A teacher who is employed by a board to fill a term or long-term

teaching assignment that is less than a full year will be allocated one hundred

and twenty (120) STLDP days, reduced to reflect the proportion the

assignment bears to the length of the regular work year (194 days), and

allocated at the start of the assignment. If a teacher’s employment status is

less than full time, the teacher’s eligibility for short-term leave and disability

days shall be prorated by the ratio that the teacher’s FTE status is to full time

status. Teachers eligible to access short-term leave and disability coverage

shall receive payment equivalent to ninety percent (90%) of their applicable

salary or daily rate.

4.3.2 A teacher employed by a board to fill a term or long-term teaching assignment

may carry over unused sick leave from one term or long-term teaching

assignment to another term or long-term teaching assignment within the same

school year.

4.4 Teacher Pension Plan Implications

4.4.1 Contributions will be made by the employee/plan member on the unpaid

portion of each sick leave day under the STLDP, unless directed otherwise in



4.4.3 If the plan member/employee exceeds the maximum allowable sick-days and

does not qualify for Long-Term Disability (LTD)/Long-Term Income Protection

(LTIP), pension contributions will cease and the employee is not eligible to earn

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pensionable service until the LTD/LTIP claim is re-assessed and approved or if

the employee returns to active employment whether on a part time or

graduated basis.

4.4.3.1 If the LTD/LTIP claim is re-assessed and approved, then the member

will be entitled to earn service by making contributions subject to

existing plan provisions for a period of time that does not exceed the

difference between the last day of work and the day when LTD/LTIP

benefits begin and the government/employer will be obligated to match

these contributions.

4.4.3.2 If not approved for LTD/LTIP, such absence shall be subject to existing

plan provisions.

4.5 Eligibility and Allocation

4.5.1 The allocations outlined in paragraphs 4.2 - 4.3 above, will be provided on the

first day of the term or long-term assignment.

4.5.2 Sick leave and short-term leave and disability plan leave may only be accessed

by teachers in the school year in which the allocation was provided. A teacher

may use any remaining allocation of sick leave or short-term leave and

disability leave in a subsequent term or long-term assignment, provided the

assignments occur in the same school year.

4.5.3 Changes to the teacher’s assignment during a school year shall result in an

adjustment to allocations, as per 4.2 Sick Leave Days and 4.3 Short-Term

Leave and Disability Plan.

4.5.4 WSIB remains first payor. A teacher who is receiving benefits under the

Workplace Safety and Insurance Act, is not entitled to benefits under a school

board’s sick leave and short-term leave and disability plan for the same

condition. However, where a teacher is receiving partial benefits under WSIB,

they may be entitled to receive benefits under the sick leave plan, subject to

the circumstances of the specific situation. During the interim period from the

date of injury/incident or illness to the date of approval by the WSIB of the

claim, the teacher may access sick leave and short-term leave and disability

coverage. A reconciliation of sick leave deductions made and payments

provided, will be undertaken by the school board once the WSIB has

adjudicated and approved the claim. In the event that the WSIB does not

approve the claim, the school board shall deal with the absence consistent with

the terms of this sick leave and short-term leave and disability plan.

4.5.5 LTD remains first payor. A teacher who is receiving benefits under an LTD plan,

is not entitled to benefits under a school board’s sick leave and short-term

leave and disability plan for the same condition. However, where a teacher is

receiving partial benefits under an LTD plan, they may be entitled to receive

benefits under the sick leave plan, subject to the circumstances of the specific

situation. During the interim period from the date of injury/incident or illness to

the date of approval by the LTD carrier of the claim, the teacher may access

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sick leave and short-term leave and disability coverage. A reconciliation of sick

leave deductions made and payments provided, will be undertaken by the

school board once the LTD carrier has adjudicated and approved the claim. In

the event that the LTD carrier does not approve the claim, the school board

shall deal with the absence consistent with the terms of this sick leave and

short-term leave and disability plan.

4.5.6 Where a teacher is not receiving benefits from another source, and is working

less than their full time equivalency in the course of a graduated return to work

as the teacher recovers from an illness or injury, the teacher may use any sick

leave/short-term disability leave allocation remaining, if any, for the portion of

the day where the teacher is unable to work due to illness or injury. A partial

sick leave/short-term disability leave day will be deducted for an absence of a

partial day in the same proportion as the duration of the absence is to a full

instructional day.

4.6 Administration

4.6.1 A school board may request medical confirmation of illness or injury confirming

the dates of absence, the reason therefore (omitting a diagnosis), the teacher’s

prognosis and any limitations or restrictions. Medical confirmation will be

required to be provided by the teacher as determined by the school board for

absences of 5 consecutive days or greater. Boards are entitled to make

reasonable follow up requests and seek reasonable periodic updates. Requests

shall be sent to the teacher who shall be responsible for authorizing their

medical practitioner to respond in a timely fashion. The medical confirmation

and follow up requests may be required to be provided in the attached form

(Appendix B) or on forms as mutually agreed between the school board and

the Association, where appropriate. Where a school board requires the

completion of the attached form (or other similar form) it shall reimburse the

cost up to a maximum of $45.00, or in accordance with existing practice (i.e.

the manner in which it was reimbursed as of August 31, 2014).

4.6.2 Teachers returning to work after an extended medical leave of absence or

seeking accommodation will be required to provide medical clearance

(consistent with the requirements herein) providing confirmation of fitness to

return to work, outlining any limitations or restrictions prior to returning to

active employment. A return to work meeting shall occur prior to the teacher

returning to active employment. The returning teacher, the unit president (or

designate) and Human Resource Supervisory Officer (or designate) shall be

notified of and entitled to attend the return to work meeting. The parties agree

that return to work meetings are to be scheduled in a timely manner but not

more than ten (10) weekdays after receiving medical clearance and any

reasonably required follow up to return to active employment. Requests for

follow up information shall be made in a timely manner. The timelines may be

extended if there are extenuating circumstances, by mutual agreement.

4.6.3 In cases where a teacher refuses to reasonably cooperate in the administration

of the sick leave and short-term leave and disability plan, access to

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compensation may be suspended or denied. Before access to compensation is

denied, discussion will occur between OECTA and the school board.

Compensation will not be denied for the sole reason that the medical

practitioner refuses to provide the required medical information. In such

cases, a school board may require an independent medical examination to be

completed by a medical practitioner qualified in respect of the illness or injury

at issue of the school board’s choice at the school board’s sole expense.

In cases where the teacher’s failure to cooperate is the result of a medical

condition, the board shall consider those extenuating circumstances in arriving

at a decision.

4.6.4 Medical information collected under this article will not be subject to

unreasonable review by boards. Boards will accommodate limitations and

restrictions consistent with their duty to accommodate.

4.7 Long Term Disability (LTD)

4.7.1 The school board shall cooperate in the administration of the LTD Plan. It is

understood that administration means that the school board will co-operate

with the enrolment and deduction of premiums and provide available necessary

data to the insurer, upon request. The school board will remit premiums

collected to the carrier on behalf of the teachers.

4.7.2 Where the plan administrator implements changes in the terms and conditions

of the LTD Plan or the selection of an insurance carrier, the school board shall,

for administrative purposes, be advised of changes at least thirty (30) days

prior to the date the changes are to be implemented.

4.7.3 The Association is the policyholder of the Long-Term Disability Plans effective

January 1, 2013, except as determined by 4.7.9 below. School boards shall

promptly provide all data, related to the Long-Term Disability Plans, as

requested by the Association’s carrier.

4.7.4 All teachers shall participate in the Long-Term Disability Plan as a condition of

their employment subject to the terms of the respective plan.

4.7.5 The Association will work with school boards and/or OCSTA to consider

including non-teaching staff in a separate plan(s) where the viability of a

current LTD plan remains in question after the teachers are withdrawn from the

existing plan. The Association will decide upon any request by a school board

whether or not to accept other employee groups into a long term disability

plan(s), subject to plan provisions as determined by the Association.

4.7.6 The school boards shall enroll all teachers, identified in paragraph 4.7.4 above,

in the Long-Term Disability Plan in the manner prescribed by the Association.

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4.7.7 The school boards shall complete the Plan Administrator Statement as required

by the plan provisions. The plan provider shall provide teachers identified in

paragraph 4.7.4 above represented by the Association with LTD Claim kits.

4.7.8 The school boards shall be responsible for the deduction and remittance of LTD

premium contributions within fifteen (15) days in the manner prescribed by the

Association. Boards shall be responsible for collecting premiums from teachers

who are on a leave of absence from the board.

4.7.9 The Association shall consider requests by the Dufferin-Peel, Huron-Superior,

and London District Catholic School Boards to be a part of the Association

Long-Term Disability Plan. The school boards shall continue to pay the LTD

premiums for teachers and remit said premiums in accordance with paragraph

4.7.8 above, unless otherwise agreed to by those school boards and the

respective local units of the Association.

4.7.10 The Association shall assume all other administrative functions of the Long-

Term Disability Plans for the Teachers.

4.7.11 The Association shall determine the design of the Long-Term Disability Plans,

the terms and conditions of the plans and the selection of carrier(s), except for

those boards listed in 4.7.9 above.

4.7.12 The school board shall provide the local unit notice regarding all individuals

who begin to access the short term leave and disability plan.

4.7.13 School boards shall participate in early intervention programs initiated on

behalf of disabled teachers.

4.7.14 School boards shall participate in return to work programs initiated on behalf of

disabled teachers.

4.7.15 School boards will not draw down on reserves, surpluses and/or deposits out of

the teachers’ share of the LTD plan without the express written consent of the

Association. Such consent shall not be unreasonably withheld. This clause does

not apply where the school board pays one hundred percent (100%) of the LTD

premiums (Dufferin-Peel CDSB and Huron-Superior CDSB).

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4.7.16 LTD is separate and distinct from STLDP and sick leave. An unsuccessful LTD

claim does not preclude a teacher from receiving STLDP and sick leave.

5. RETIREMENT GRATUITIES AND VOLUNTARY EARLY PAYOUT PLAN

5.1 Effective August 31, 2012, employees eligible for a retirement gratuity (as set out in

the Letter of Agreement #2) shall have accumulated sick days vested, up to the

maximum eligible under the retirement gratuity plan.

5.2 A Teacher eligible for a Sick Leave Credit retirement gratuity in accordance with 5.1

above, may request a payout of his/her gratuity by no later than May 31, 2016. The

payout shall be made by August 31, 2016.

5.3 The payout for teachers under the age of fifty-eight (58) as of June 30, 2016 shall be

equivalent to the present discounted value of 5.1 above based on a discount rate of

7.87% and on the average retirement age of fifty-eight (58) less the teacher’s age

as at June 30, 2016.

5.4 The payout for teachers who have reached the age of fifty-eight (58) as of June 30,

2016 shall be equivalent to the present discounted value of 5.1 above based on a

discount rate of two percent (2%).

6. PROFESSIONAL JUDGMENT AND EFFECTIVE USE OF DIAGNOSTIC

ASSESSMENT

6.1 Should an existing local collective agreement provision provide a greater benefit to a

teacher than the benefit provided by this provision, the existing provision shall

prevail.

6.2 "Teachers' professional judgments are at the heart of effective assessment,

evaluation, and reporting of student achievement." Growing Success: Assessment,

Evaluation, and Reporting in Ontario Schools, First Edition, 2010.

A teacher's professional judgment is the cornerstone of assessment and evaluation.

Diagnostic assessment is used to identify a student's needs and abilities and the

student's readiness to acquire the knowledge and skills outlined in the curriculum

expectations. Information from diagnostic assessments helps teachers determine

where individual students are in their acquisition of knowledge and skills so that

instruction is personalized and tailored to the appropriate next steps for learning.

The ability to choose the appropriate assessment tool(s), as well as the frequency

and timing of their administration, allows the teacher to gather data that is relevant,

sufficient and valid in order to make judgments on student learning during the

learning cycle.

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6.3 Diagnostic Assessment

6.3.1 Boards shall provide a list of pre-approved assessment tools consistent with

their Board improvement plan for student achievement and which is compliant

with Ministry of Education PPM (PPM 155: Diagnostic Assessment in Support of

Student Learning, date of issue January 7, 2013).

6.3.2 Teachers shall use their professional judgment to determine which assessment

and/or evaluation tool(s) from the Board list of preapproved assessment tools

is applicable, for which student(s), as well as the frequency and timing of the

tool. In order to inform their instruction, teachers must utilize diagnostic

assessment during the school year.

7. BENEFITS

7.1 The Parties have agreed to participate in the OECTA ELHT, as set out in the

appended Letter of Agreement #5. The date on which the board and the

bargaining unit commence participation in the Trust shall be referred to herein as the

“Participation Date”.

7.2 In accordance with section 4.1.4 i) of Letter of Agreement #5 the Board will

continue to provide benefits in accordance with the existing terms and conditions

of the collective agreement related to life, health and dental benefit plans in effect

as of August 31, 2014 until the Participation Date. Subsequent to the Participation

Date, the board will cease to provide such benefits and the related collective

agreement language shall cease to have effect. Notwithstanding the above, the

board’s obligation to provide pay in lieu for benefits to daily occasional teachers as

per the local collective agreement shall continue.

8. EARNED LEAVE PLAN 8.1 The following program is applicable to all permanent teachers.

8.2 OECTA bargaining units must elect between the following provision and the pre-

existing attendance-related earned leave program, but shall not receive benefit

under both. Such election shall be resolved prior to ratification of local collective

agreements at these boards. If an OECTA bargaining unit elects a pre-existing

attendance-related earned leave program, the program shall not be bargained or

otherwise changed.

8.3 This program shall not diminish any right or entitlement under any other unpaid

leave provision or practice in effect as of August 31, 2014.

8.4 The board will communicate no later than October 15, 2015, the 2014/2015 board

average annual rate of permanent teachers’ absenteeism by bargaining unit

consisting of the use of paid sick leave, short-term disability, and other paid leave

days excluding bereavement, jury duty, quarantine, association leave, long-term

disability, and WSIB.

8.5 For the 2015-16 school year, each permanent teacher with a rate of absenteeism

less than or equal to the greater of: the 2014-15 board average (as calculated in 8.4

above) minus one (1) day; or seven (7) days, shall be provided with one partially-

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paid day (PPD) off reimbursed at the occasional teacher rate of pay and access to

one voluntary unpaid day leave of absence.

8.6 For each subsequent year, the process outlined in 8.4 and 8.5 above continues with

the appropriate adjustment in the school year dates.

8.7 The targets in 8.5 above shall be pro-rated for permanent teachers teaching less

than 1.0 FTE.

8.8 PPDs and unpaid days earned under 8.5 or 8.6 can be accumulated to a maximum

of six (6) days.

8.9 Two (2) PPDs under 8.5 or 8.6 can be combined for a paid day (PD) off at full

salary.

8.10 Part-time teachers, teachers who were hired after the commencement of the school

year, and teachers that returned from WSIB and LTD, must have worked for at least

ninety-seven (97) days in the school year to be eligible. In this case, the calculation

per 8.5 and 8.6 above shall be pro-rated based on the number of days worked

compared to the number of school days in the year.

8.11 By October 15 of the applicable year, the local unit shall be advised of the average

rate of absenteeism by bargaining unit. All permanent teachers shall be advised of

their own rate of absenteeism, and whether the teacher is entitled under 8.5

through 8.9.

8.12 Teachers requesting to schedule the leave day(s) shall provide at least twenty (20)

calendar days’ written notice of the requested days.

8.13 Access to leave days is available at any time during the school year.

8.14 Leave day(s) requests shall not be denied subject to reasonable system and

school requirements.

8.15 It is understood that teachers taking a leave day(s) shall be required to provide

appropriate work for each of their classes and other regular teaching and

assessment responsibilities shall be completed including but not limited to

preparation of report cards.

8.16 The following clause is subject to either Teacher Pension Plan amendment or

legislation:

Within the purview of the Teachers’ Pension Act (TPA), the Minister of Education

will seek an agreement from the Ontario Teachers' Federation (OTF) to amend the

Ontario Teachers' Pension Plan (OTPP) to allow for adjusting pension contributions

to reflect the Earned Paid Leave Plan with the following principles:

8.16.1 Contributions will be made by the employee/plan member on the unpaid portion

of each partially-paid day (PPD) or unpaid day, unless directed otherwise in


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8.16.3 The exact plan amendments required to implement this change will be

developed in collaboration with the OTPP and the co-sponsors of the OTPP

(OTF and the Minister of Education); and

8.16.4 The plan amendments will respect any legislation that applies to registered

pension plans, such as the Pension Benefits Act and the Income Tax Act.

8.17 The Board shall report leave days to each Association Bargaining Unit, including

the names of applicants and the total approvals on an annual basis.

8.18 Leave days, once confirmed, are irrevocable by either the teacher or the board

except by mutual consent.

8.19 Leave day(s) requests are processed on a “first come, first served” basis.

8.20 Request for leave days on scheduled Professional Activity days shall not be denied.

8.21 Leave days may be used in conjunction with existing contractual provisions (e.g.

Personal Days, other collective agreement leave provisions, etc.).

8.22 All written requests for leave days shall be processed by the school board and responded to in writing within ten (10) calendar days.

8.23 Leave days shall not be subject to calendar restrictions.

9. RETURN TO BARGAINING UNIT FOR PERMANENT TEACHERS

9.1 In addition to any other applicable leave provisions, any teacher shall be entitled to a

board-approved unpaid leave of absence to work at another District School Board in

Ontario or any other employer. Leaves will be granted in increments of half-year

(semester/term) or full-year, as requested by the teacher, but shall not exceed

twenty-four (24) months. Such teacher shall return without loss of seniority within

the local bargaining unit. Application for this leave shall be made prior to March 1 of

the preceding school year.

9.2 The return of any teacher to the bargaining unit is not contingent upon there being a

vacancy for which the individual is qualified.

10. RETURN TO BARGAINING UNIT FOR PRINCIPALS AND VICE-PRINCIPALS

10.1 Any principal or vice-principal who returns to the bargaining unit within twenty-four

(24) months of their appointment to administration shall be permitted to do so without

loss of seniority within the local bargaining unit.

10.2 If a vacancy is created by the appointment it shall be filled by a permanent teacher.

10.3 The return of any principal or vice-principal to the bargaining unit is contingent upon

there being a vacancy for which the individual is qualified. In the event that no such

vacancy exists, the principal or vice-principal shall be placed on the redundancy list.

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10.4 No member of the bargaining unit shall be adversely affected by being displaced or having their assignment changed as a result of the return, in the year in which the principal or vice-principal returns to the bargaining unit.

11. BOARD-LEVEL JOINT STAFFING COMMITTEE (JSC)

11.1 Should any 2012-2014 collective agreement (including practices thereunder, Letters

of Intent or Understanding, Minutes of Settlement, or other memoranda) contain

superior board level joint staffing committee provisions to any central or local term,

or conditions that are otherwise not addressed in central or local terms, those

provisions shall endure and prevail.

11.2 The Board-Level Joint Staffing Committee (JSC) shall meet within thirty (30) days of

ratification of this agreement.

11.3 The committee shall be comprised of equal numbers of members to be appointed by

the Association and the school board respectively, not to exceed six (6) members in

total.

11.4 The committee shall have co-chairs selected by the Association and the school board

respectively from among their appointees to the committee.

11.5 The committee co-chairs shall draft agenda and discussion items collaboratively.

11.6 At a minimum, the JSC shall meet at least once in each quarter as follows: by April

15, August 30, November 15, and January 15 of each school year, or as otherwise

mutually agreed.

11.7 Discussion items and functions shall include but are not limited to:

Enrolment

Class size

Existing staffing model and staff allocation

Monitoring compliance with respect to Ministry/collective agreement staffing

requirements

Making recommendations on and monitoring the implementation of new

programs/initiatives

11.8 The members of the JSC may request specific information to inform discussion of

agenda items and the performance of the committee's functions. Without limiting the

foregoing, the information provided to members of the JSC shall include:

Information necessary to monitor compliance with staffing requirements

Financial information that has been publicly approved by the Board

The number of teachers employed by the school board and changes to the

numbers so employed

Class sizes as at September 30th of each school year

Continuing Education programs and related staffing

NTIP

Professional learning and Learning to 18 reforms

E-learning

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Persons employed pursuant to letters of permission, temporary letters of

approval and use of uncertified teaching personnel

Information relating to the employment or allocation of daily, long-term or

permanent assignments to occasional teachers

11.9 The School Board shall provide this information to the members of the JSC and the

Association no later than seventy-two (72) hours prior to JSC meetings unless

otherwise agreed.

12. RECALL RIGHTS

12.1 The parties agree that Local boards will increase the length of time contained in their

local collective agreements providing rights to recall by an additional two (2) years.

12.2 For any board collective agreement that does not provide recall rights, that board

shall provide for rights of recall for a period of two (2) years.

12.3 By mutual agreement, local parties may negotiate changes to any aspects of recall

rights other than the duration of an employee’s recall rights.

13. WSIB TOP-UP

WSIB top up benefits shall be maintained in accordance with the 2008-2012 local

collective agreement. For clarity, where the current WSIB top up is deducted from sick

leave the board shall maintain the same level of top up without deduction from sick

leave.

14. PREGNANCY LEAVE SEB PLAN

14.1 Teachers eligible for Employment Insurance while on pregnancy leave shall receive

100% of salary through a Supplemental Employment Benefit (SEB) plan for a total of

not less than eight (8) weeks immediately following the birth of her child. This

amount shall be received without deduction from sick leave or short term disability

coverage. The amount paid by the school board for the eight (8) week period shall

be equal to the teacher’s annual salary divided by the number of school days in a

school year (194 days), less the amount the teacher receives from Employment

Insurance.

14.2 Teachers not eligible for Employment Insurance while on pregnancy leave will

receive 100% of salary from the employer for a total of not less than eight (8)

weeks, with no deduction from sick leave or short term disability coverage. For

clarity, for any part of the eight (8) weeks that falls during a period of time that is

not paid (i.e. summer, March Break, etc.), the remainder of the eight (8) weeks of

top up shall be payable after that period of time. When the birth of the teacher’s

child occurs in a non-work period, she will nevertheless be provided with payment

for the 2 week waiting period as part of the 8 week SEB.

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14.3 Teachers who require a longer than eight (8) week recuperation period shall have

access to sick leave and short term disability coverage through the school board’s

normal adjudication process.

14.4 Long Term Occasional Teachers, or teachers hired in term positions, shall be eligible

for the SEB as described herein for a maximum of eight (8) weeks with the length of

the benefit limited by the term of the assignment. Teachers on daily casual

assignments are not entitled to the benefits outlined in this article.

14.5 For clarity, the aforementioned eight (8) weeks of 100% salary is the minimum for

all eligible teachers. Where superior maternity entitlements existed in the 2008-2012

collective agreement, those superior provisions shall continue to apply.

14.6 Notwithstanding 14.1 through 14.5 above, where a bargaining unit so elects, the

SEB or salary replacement plan noted above will be altered to include six (6) weeks

at 100%, subject to the aforementioned rules and conditions, plus meshing with any

superior entitlements to maternity benefits contained in the 2008-2012 collective

agreement. For example, a 2008-2012 collective agreement that includes 17 weeks

at 90% would result in 6 weeks at 100% pay and an additional 11 weeks at 90%.

15. STATUTORY LEAVES OF ABSENCE/SEB

15.1 Family Medical Leave or Critically Ill Child Care Leave

15.1.1 Family Medical Leave or Critically Ill Child Care leaves granted to a teacher

under this Article shall be in accordance with the provisions of the Employment

Standards Act, as amended.

15.1.2 The teacher will provide to the employer such evidence as necessary to prove

entitlement under the ESA.

15.1.3 A teacher contemplating taking such leave(s) shall notify the employer of the

intended date the leave is to begin and the anticipated date of return to active

employment.

15.1.4 Seniority and experience continue to accrue during such leave(s).

15.1.5 Where a teacher is on such leave(s), the Employer shall continue to pay its

share of the benefit premiums, where applicable. To maintain participation and

coverage under the Collective Agreement, the teacher must agree to provide

for payment for the teacher’s share of the benefit premiums, where applicable.

15.1.6 In order to receive pay for such leaves, a teacher must access Employment

Insurance and the Supplemental Employment Benefit (SEB) in accordance with

15.1.7 to 15.1.10, if allowable by legislation. An employee who is eligible for

E.I. is not entitled to benefits under a school board’s sick leave and short term

leave and disability plan.

Supplemental Employment Benefits (SEB)

15.1.7 The Employer shall provide for permanent teachers who access such leaves, a

SEB plan to top up their E.I. Benefits. The permanent teacher who is eligible

for such leave shall receive 100% salary for a period not to exceed eight (8)

weeks provided the period falls within the school year and during a period for

which the permanent teacher would normally be paid. The SEB Plan pay will be

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the difference between the gross amount the teacher receives from E.I. and

their regular gross pay.

15.1.8 Long Term Occasional Teachers with an assignment of at least ninety-seven

(97) school days in length shall also be eligible for the SEB plan with the length

of the benefit limited by the term of the assignment.

15.1.9 SEB payments are available only to supplement E.I. benefits during the

absence period as specified in this plan.

15.1.10 The teacher must provide the Board with proof that he/she has applied for and

is in receipt of employment insurance benefits in accordance with the

Employment Insurance Act, as amended, before SEB is payable.

16. PAID LEAVES OF ABSENCE

16.1 For permanent teachers and long-term occasional teachers, any leave of absence

for reasons other than illness or injury that, under a provision of the 2008-12

Collective Agreement or board practices and policies in effect during the 2008-2012

collective agreement that utilized deduction from sick leave, shall be granted

without loss of salary or deduction from sick leave, to a maximum of five (5)

days per school year. Collective agreements or board practices and policies in

effect from September 1, 2012 to August 31, 2014, that had five (5) days

or less, shall remain at that number. Collective agreements or board practices

and policies in effect from September 1, 2012 to August 31, 2014 that had more

than five (5) days shall be limited to five (5) days. These days shall not be used

for the purpose of sick leave nor shall they be accumulated from year-to-year.

16.2 Other paid leave provisions shall remain status quo to the local collective

agreement.

17. HIRING PRACTICES

17.1 Hiring Practice

The following language shall be incorporated into every local occasional teacher

collective agreement:

Occasional Teachers (OTs) play a critical role in the educational achievement of

Ontario`s students and Ontario’s new teachers are increasingly relying on occasional

teaching assignments as their introduction to the teaching profession. The OT role is

challenging and builds experience which should be recognized by Boards in the hiring

for Long Term Occasional (LTO) and/or permanent positions. It is critical that the

process to gain such positions be fair and transparent.

17.1.1 Seniority

Seniority as an Occasional Teacher shall commence on the most recent date of

hire to the Occasional Teacher Bargaining Unit and shall continue uninterrupted

thereafter.

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17.1.2 The Occasional Teacher Seniority Roster (the “Roster”)

17.1.2.1 The Roster shall provide, in decreasing order of seniority, the names of

the Occasional Teachers, the most recent date of hire to the Occasional

Teacher Bargaining Unit (seniority date), and experience.

17.1.2.2 For the purpose of establishing the order of the Roster, where seniority

is equal among two (2) or more Occasional Teachers, the tie shall be

broken according to the following criteria and in the following order,

based on the greater experience:

17.1.2.2.1 Experience accrued as a member of the Occasional Teacher

Bargaining Unit, defined as the total number of days worked

since the most recent date of hire to the Bargaining Unit

(seniority date);

17.1.2.2.2 Teaching experience as a certified teacher in Ontario;

17.1.2.2.3 Or failing that, by lot conducted in the presence of the President

of the Occasional Teacher bargaining unit or designate.

17.1.2.3 The Board shall provide the Roster, as at September 1st of each school

year, to the Bargaining Unit and shall distribute a copy of the Roster to

each teacher worksite by Sept 30th of each school year. The Board shall

post the Roster on the OECTA bulletin board at each work site.

17.1.3 The Hiring of Occasional Teachers in Long Term Assignments:

Subject to denominational rights enjoyed by a Separate School Board, the

following shall be the process for the hiring of Occasional Teachers into Long

Term assignments:

17.1.3.1 A Long-Term Occasional Teacher Placement List (the “LTO List”) shall be

generated through the following processes:

17.1.3.1.1 Any Occasional Teacher having a minimum of ten (10) working

months seniority and having worked a minimum of 20 days in

that period from the most recent date of hire, may apply to be

interviewed for placement on the LTO List.

17.1.3.1.2 Occasional Teachers who are recommended by the Board following

an interview for placement on the LTO List, shall be assigned to

the LTO List.

17.1.3.1.3 Following the interview, occasional teachers not placed on the

LTO List, who make the request, shall be debriefed and

recommendations shall be made to help enhance professional

growth that may lead to successful placement on the LTO List in

the future.

17.1.3.1.4 There shall be a minimum of two (2) interview cycles each year

to place Occasional Teachers onto the LTO List. These shall occur

in November, and May or as mutually agreed to between the

Board and the Association. Where there is mutual agreement

between the Board and the Association, the number of interview

cycles may be increased.

17.1.3.2 The School Board in which the Long-Term Occasional position is needed

will hire, according to Regulation 298, one of five Occasional Teachers

from the LTO List who apply and most closely match the following

requirements in the following order:

17.1.3.2.1 Supernumerary/Redundant teachers in order of seniority.

17.1.3.2.2 Recognizing the aim of providing the best possible program and

ensuring the safety and well-being of students, the Occasional

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Teacher on the LTO List who holds the required qualifications for

the position, as per the Education Act and Regulations (as

recorded on the Ontario College of Teachers Certificate of

Qualification), who has the greatest seniority.

17.1.3.2.3 A board shall not offer to any person a LTO assignment of

greater than thirty (30) school days unless a notice of the

position has been posted on the board’s website for at least three

(3) weekdays. Each posting shall be directed to all members of

the Roster.

17.1.3.2.4 If the Occasional Teacher declines the assignment, the school

board shall select from the remaining four teachers on the LTO

List, the qualified Occasional Teacher as per 17.1.3.2.2 above.

17.1.3.2.5 In the event that no qualified Occasional Teacher on the LTO List

accepts the assignment or there is no qualified Occasional

Teacher on the LTO List for the assignment, the Board shall fill

the Long Term assignment from the Roster.

17.1.3.2.6 Hire a new teacher who is not on the Roster.

17.1.3.3 LTO assignments of thirty (30) school days or less shall not be posted.

The Board shall fill the position as follows:

17.1.3.3.1 Without interviewing, the Board shall offer the position to one of

the five (5) most senior qualified occasional teachers from the

LTO List who are available for the assignment.

17.1.3.3.2 In the event that the chosen occasional teacher identified turns

down the assignment, then the Board shall offer the position to

another of the five (5) in 17.1.3.3.1 above. If necessary, the

Board shall offer the position to each of the five (5), in order to

fill the position.

17.1.3.3.3 The process outlined in 17.1.3.3.1 and 17.1.3.3.2 above

remains unchanged should there be less than five (5) qualified

occasional teachers from the LTO List who are available for the

assignment.

17.1.3.3.4 Should the position remain unfilled after the process above, the

Board shall repeat the process outlined in 17.1.3.3.1 and

17.1.3.3.2 above, with the next five (5) most senior qualified

teachers from the LTO List who are available, until the position is

filled.

17.1.3.3.5 If no qualified occasional teachers from the LTO List are available

or the position remains unfilled after 17.1.3.3.4 above, the

Board shall utilize the same procedure outlined above, relying on

the Roster to fill the position.

17.1.3.3.6 If no qualified occasional teachers from the Roster or LTO List are

available or the position remains unfilled after 17.1.3.3.5 above,

the Board shall then fill the position externally (outside the

bargaining unit) without restriction.

17.1.3.3.7 Available occasional teacher shall be defined as an occasional

teacher who has not already been assigned to another LTO

position during the term of the LTO assignment being filled by

this process.

17.1.3.3.8 The Board shall provide all information related to such

assignments in accordance with Article 18 - Information

Disclosure to the Occasional Teacher Local Unit, as applicable.

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17.1.4 The Hiring of Occasional Teachers to Permanent Teaching Positions:

Subject to denominational rights enjoyed by a Separate School Board, and

subject to the provisions hereafter, and subject to Regulation 298, members of

the Occasional Teacher Bargaining Unit who are on the LTO List will be hired

into permanent teaching positions in the following manner:

17.1.4.1 Occasional Teachers who have completed a minimum of one (1) Long-

Term assignment that was a minimum of four (4) months in duration,

and received a positive evaluation* shall be eligible to apply for any

posted permanent teaching positions. All vacancies shall be posted;

17.1.4.2 Recognizing the aim of providing the best possible program and

ensuring the safety and well-being of students, the five (5) Occasional

Teachers on the LTO List, who have applied and who hold the required

qualifications for the position, as per the Education Act and Regulations

(as recorded on the Ontario College of Teachers Certificate of

Qualification) and are most senior, shall be eligible for a Permanent

Teaching position interview.

17.1.4.3 The Occasional Teacher who is recommended by the Board following an

interview for a Permanent Teaching position placement, shall be

awarded the position.

17.1.4.4 Following the interview, Occasional Teachers who are not successful and

make the request, shall be debriefed and recommendations shall be

made to help enhance professional growth that may lead to a successful

application in the future.

* the evaluation referred to will be a templated process (greatly

simplified from, and not considered equivalent to, a regular TPA)

mutually agreed to by the local school board and the local occasional

teacher bargaining unit. Evaluation shall be compulsory for all

Occasional Teachers in their first LTO assignment of 4 or more months

duration, with any given school board. The parties to this agreement

shall develop and implement a standardized occasional teacher

evaluation process no later than September 1, 2013.

18. INFORMATION DISCLOSURE TO THE OCCASIONAL TEACHER BARGAINING UNIT

18.1 Commencing September 1, 2015, the Board shall provide to the Occasional Teacher

Bargaining Unit on a semi-annual basis the following information for all teacher

absences that trigger the Long Term Assignment (LTA) threshold:

18.1.1 The absent teacher’s name, assignment and school;

18.1.2 The start date of the assignment and the duration;

18.1.3 The name of the occasional teacher or individual filling the absence;

18.1.4 The date/time the job was posted;

18.1.5 The date/time the job was filled;

18.1.6 The name of any certified teacher not on the occasional teacher roster, employed

to fill a teacher absence;

18.2 Commencing September 1, 2015, the Board shall provide to the Occasional Teacher

Bargaining Unit on a semi-annual basis:

18.2.1 The name of any teacher on a Temporary Letter of Approval;

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18.2.2 The name of any individual on a Letter of Permission;

18.2.3 The name of any uncertified person employed to replace an absent teacher.

18.3 The Board shall provide to the Occasional Teacher Bargaining Unit:

18.3.1 Commencing September 1, 2015, the current seniority list for all Occasional

Teachers to be provided no less than two (2) times per year unless there has

been no change.

18.4 Commencing September 1, 2015, for each LTO and permanent position, the Board

shall provide the following information to the Occasional Teacher Bargaining Unit

President:

18.4.1 The job posting at the time the posting is circulated in the system;

18.4.2 The job number/position title and the list of any applicants for the posting

within three (3) weekdays following the closing of the posting;

18.4.3 The list of interviewees for LTO positions greater than thirty (30) days and

permanent positions, within three (3) weekdays of the closing of the posting;

18.4.4 The name of the successful candidate within three (3) weekdays of the

successful applicant being selected;

18.4.5 In boards where the above information in 18.1 through 18.4 is provided more

expeditiously, the boards shall continue to do so.

19. ACCESS TO INFORMATION

19.1 School Boards and the Ministry of Education will continue to respond to requests for

information and current data, pertinent to the education sector, in a timely manner.

19.2 By August 15 of each school year, every school board shall collect and provide to the

Ministry of Education, OECTA and OCSTA electronic data regarding sick leave usage

and other paid leave usage for all teachers during the prior school year. This shall be

provided in aggregate by panel.

19.3 Boards authorize the Ministry of Education to provide all the financial and non-

financial information collected through the Education Financial Information System

(EFIS) to OECTA and OCSTA.

20. CENTRAL DISPUTE RESOLUTION PROCESS

20.1 The purpose of this article is to outline the parties’ intent to facilitate the timely and

effective resolution of matters arising from a difference in the interpretation,

application or administration of a central term of the collective agreement. OCSTA

and/or the Association may seek a decision through final and binding arbitration to

resolve any difference arising from the interpretation, application or administration

of any central term of the collective agreement, using the following process:

20.1.1 OCSTA and the Association shall agree on a list of three (3) arbitrators who

agree to participate and who are able to provide the parties with a list of available

dates that can be booked in advance for the purposes of this process. Should one

or more arbitrator(s) become unavailable the parties shall agree to a

replacement(s) in order to maintain a complement of three (3) arbitrators. The

initial selection and the replacement of arbitrators shall occur within twenty (20)

days of any vacancy on the list.

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20.1.2 The parties shall agree on four (4) days per arbitrator for each of the three

school years September 1, 2014 to August 31, 2017 and for the 2017- 2018

school year.

20.1.3 The list of arbitrators shall be arranged alphabetically and arbitrators shall be

appointed to a dispute, in alphabetical order, commencing with the first name on

the list. If the arbitrator approached is unavailable, the next arbitrator in

sequence on the list shall be approached until there is an arbitrator available.

Disputes shall be assigned to arbitrators in the chronological order in which

notifications are issued. In the event that such notifications are issued on the

same date, the disputes shall be assigned in accordance with a random method of

selection agreed to by the parties.

20.1.4 Within 30 working days of becoming aware of a matter giving rise to a dispute,

a party shall provide notice of the dispute and refer it to the following informal

process:

20.1.4.1 A Dispute Resolution Committee (DRC), which shall be composed of two

(2) representatives from each of the central parties, and two (2)

representatives of the Crown to provide or withhold approval in accordance

with the Act.

20.1.4.2 Upon receiving notice of a dispute the DRC shall be provided with the

particulars including, at a minimum, details regarding i) any alleged violation of

a central provision of the collective agreement, ii) any alleged violation of an

applicable statute, regulation, policy, guideline or directive, iii) a brief

statement of facts and iv) the remedy requested.

20.1.4.3 The DRC shall meet within five (5) working days of receiving a notice of

a dispute with particulars. Meetings may be held in person, by teleconference

or in any other manner agreeable to the representatives of the DRC.

20.1.4.4 The DRC will review and discuss all notices of disputes received. Any

positions taken during the course of the informal process are without prejudice.

The parties may mutually agree to the resolution of a dispute at any point in

the process prior to the decision of an arbitrator. The resolution shall be

binding as if it were a decision of an arbitrator unless otherwise mutually

agreed upon. The Crown shall have the right to give or withhold approval to

any resolution between the central parties.

20.1.4.5 Within five (5) working days of the resolution being reached, it shall be

circulated to all the Association local units and English Language Catholic

district school boards, unless the parties agree otherwise.

20.1.5 Following ten (10) working days of providing notice as per 20.1.4 above,

either central party may refer the dispute to arbitration. The party seeking a

decision through final and binding arbitration shall notify the other party and the

Crown in right of Ontario, (“the Crown”) in writing of its intent to do so. The

parties shall be responsible for notifying their respective constituents.

20.1.6 Within ten (10) working days of receipt of the notification in paragraph 20.1.5,

the Association and OCSTA shall exchange, in writing, a statement of fact

outlining the particulars of the grievance including a description of the issue and

their respective positions with respect to the interpretation, application or

administration of the central term or condition in question, and the facts to be

relied on. Within five (5) working days of the receipt of written notification

pursuant to paragraph 20.1.5, the Crown shall advise the parties in writing of its

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intent to intervene in the arbitration process. If the Crown advises that it intends

to do so, it shall include its written description of its position with respect to the

interpretation, application or administration of the central term or condition in

question.

20.1.7 Within thirty (30) calendar days of the completion of the hearing, the arbitrator

shall render a decision in respect of whether or not there has been a breach of the

collective agreement. The arbitrator shall remain seized with respect to remedial

issues arising from the breach of the collective agreement.

20.1.8 The arbitrator shall have all of the powers provided to arbitrators under the

Ontario Labour Relations Act and under subsection 43(5) of the School Boards

Collective Bargaining Act, 2014, and the authority to order a remedy consistent

with those powers which the arbitrator considers just and appropriate in the

circumstances.

20.1.9 It is understood that a hearing may take place after regular business hours, by

mutual agreement of the parties, in order to expedite resolution of the matter.

20.1.10 Any party or person present at the central bargaining table is compellable,

subject to any statutory or common law privilege.

20.1.11 Within five (5) working days of the decision being rendered it shall be

circulated to all the Association local units and English Language Catholic district

school boards, unless the parties agree otherwise.

20.1.12 The arbitral costs of resolving any dispute shall be shared equally between

OCSTA and the Association and the Crown shall be responsible for its own costs.

20.1.13 Each of the central parties and the Crown shall be responsible for their own

costs for the central dispute resolution process.

20.1.14 All timelines set out in this article may be abridged or extended by mutual

consent of the central parties.

20.1.15 For the purposes of the Central Dispute Resolution process only, a working day

shall mean Monday to Friday, 52 weeks of the year, exclusive of statutory

holidays.

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LETTER OF AGREEMENT #1

BETWEEN

The Ontario Catholic School Trustees’ Association

(hereinafter called ‘OCSTA’)

AND

The Ontario English Catholic Teachers’ Association

(hereinafter called the ‘OECTA’)

RE: Changes to FTE Status Pilot Project

Changes in Full-Time Equivalent Status (FTE)

Except in school boards where the local bargaining unit and school board agree that there is

collective agreement language or a documented program which provides a greater benefit

and accordingly shall remain in effect, the provisions below shall be implemented on a trial

basis for the final school year of the 2014-2017 collective agreement only. Any dispute

regarding the above shall be referred to the central dispute resolution process. For the

duration of the trial period only, existing terms and conditions with respect to teachers

voluntarily requesting to reduce or increase their FTE shall be suspended. Any teacher

who changes FTE status in accordance with this provision during the trial period shall be

entitled to revert to the FTE status in effect immediately prior to the trial effective at the

commencement of the following school year and the applicable surplus and redundancy

provisions shall apply if a return to fulltime status cannot be accommodated through

available vacancies.

1. Increases in FTE Status

A part-time teacher seeking to increase their assignment to full-time for the following

school year shall, by no later than February 28, 2016, notify the Board in writing in

accordance with the procedures of the Board. Subsequent to any local transfer and

placement procedures but prior to offering permanent vacancies to members of the

occasional bargaining unit or to external hires, the Board shall first offer permanent

vacancies to qualified part time teachers who have indicated an interest in a full-time

assignment in accordance with this article. A part time teacher moving to a full time

assignment may select, by seniority, from available openings for which they are

qualified, consistent with the practices, needs and schedules of the Board and its

schools. Approval of the teacher selection shall not be unreasonably denied. During the

pilot period, any concerns may be raised at the joint board level staffing committee.

2. Decreases in FTE Status

Full-Time to Part-Time

Teachers seeking to reduce their full-time assignment to a part-time assignment for the

following school year must make a written request, to the Director of Education or

designate, prior to February 28, 2016. Requests shall be granted where practical, as

determined by the Director of Education or designate. Such requests shall not be

unreasonably withheld. The structure of the reduced assignment must be consistent

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with the needs of the Board and school, as well as the program and/or schedule of the

school.

For purposes of clarity, this provision shall not apply to requests for leaves or part time

leaves of absence.

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Re: RETIREMENT GRATUITIES

Retirement Gratuity

1. Those employees who, on August 31, 2012, were eligible for a retirement gratuity

shall have their accumulated sick days vested as of that date, up to the maximum

eligible under the retirement gratuity plan.

2. Upon retirement, those employees who were eligible for a retirement gratuity on

August 31, 2012, shall receive a gratuity payout based on the number of accumulated

vested sick days under 1 above, years of service, and annual salary as at August 31,

2012.

3. Effective September 1, 2012, all accumulated non-vested sick days were eliminated.

Non-Vested Retirement Gratuity for Teachers

1. The minimum years of service for retirement gratuity shall be defined as the lesser of

the contractual minimal service requirement in the 2008-2012 collective agreement,

or ten (10) years.

2. Those teachers with less than the minimum number of years of service shall have that

entitlement frozen as of August 31, 2012. These teachers shall be entitled to a

Gratuity Wind-Up Payment calculated as the lesser of the board’s existing amount

calculated under the board’s collective agreement as of August 31, 2012 (or board

policy as of that date) or the following formula:

X x Y x Z = Gratuity Wind-Up Payment

30 200 4

X = years of service (as of August 31, 2012)

Y = accumulated sick days (as of August 31, 2012)

Z = annual salary (as of August 31, 2012)

For clarity, X, Y, and Z shall be as defined in the 2008-2012 collective agreement or

as per policy or practice of the board for retirement gratuity purposes.

The Gratuity Wind-Up Payment shall be paid to each teacher by the end of the school

year.

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BETWEEN



AND



RE: Health and Safety

Whereas health and safety is a shared responsibility between the workplace parties;

and whereas legislation governs obligations with respect to health and safety in the

workplace;

and whereas school boards have developed policies, practices and procedures to comply with

these legislative requirements;

and whereas the central parties are committed to supporting local workplace health and

safety.

1. The Parties agree to establish a provincial health and safety committee no later than thirty

(30) days after ratification of central terms. The committee will be comprised of four (4)

representatives from the Ontario Catholic School Trustees’ Association (OCSTA) and four

(4) representatives from the Ontario English Catholic Teachers’ Association (OECTA).

Each Party will appoint a co-chair from their representatives. The committee will meet no

less than four (4) times annually to discuss health and safety matters important to the

sector.

2. The committee will identify best practices as they relate to health and safety initiatives.

3. Without limiting the foregoing, the committee will consider the following substantive

matters:

a) Occupational health and safety training, including training for occasional teachers;

b) The Provincial Model for a Police/School Board Protocol including securing of

classrooms as it relates to occasional teachers;

c) Reporting mechanisms for workplace harassment, discrimination and violence;

d) Health and safety considerations in high risk areas of the school; and

e) Any other health and safety matters raised by either party.

4. The committee will create a resource document that identifies and develops effective

health and safety practices and promotes these practices to school boards. This resource

is intended to build upon the work of local boards and joint health and safety committees,

while respecting the jurisdiction of existing local structures and the legal obligations of the

parties under applicable legislation.

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5. Without limiting either party’s rights pursuant to the Central Dispute Resolution Process, it

is understood that either party may refer any issue arising from the substantive matters in

paragraph 3, items a, b, c and d above to the Central Dispute Resolution Process for

determination.

This letter will remain in force for the life of the collective agreement and any statutory

freeze period.

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BETWEEN



AND



RE: Existing Provisions on Utilization of Sick Leave/STLDP Days

The parties acknowledge that should rights or terms and conditions of employment in effect

as at August 16, 2015, provide that teachers may use sick leave/STLDP days for reasons

other than those described in Articles 3 and 4, sick leave/STLDP days may be used for those

reasons as well.

Any difference arising from the interpretation, application or administration of this Letter of

Agreement may be referred to the Central Dispute Resolution Process for final and binding

resolution.

This Letter of Agreement will form part of the Central Terms between the parties and will be

adopted by the parties effective upon ratification.

The parties agree that this Letter of Agreement shall be reviewed at the next round of central

bargaining.

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BETWEEN



- and -


(hereinafter called the ‘OECTA’ or the “Association”)

- and -

The Crown

RE: Benefits

The parties agree that, once all employees to whom this memorandum of settlement of the

central terms applies become covered by the Employee Life and Health Trust (ELHT)

contemplated by this Letter of Agreement all references to existing life, health and dental

benefits plans in the applicable local collective agreement shall be removed from that local

agreement.

Consistent with section 144.1 of the Income Tax Act (Canada), the OECTA, the OCSTA, and

the Crown, shall establish an OECTA ELHT, (hereinafter, the “Trust”), to provide benefits to

teachers and other education workers in the Province of Ontario. English-language separate

district school boards (“Boards”) (as defined in the Education Act, R.S.O 1990 c E.2) may

only participate in the Trust, if the Trust will be in compliance with the ITA and CRA

administrative requirements for an ELHT (the “ELHT Requirements”). It is intended that the

Trust be effective September 1, 2016. The date on which a Board commences participation in

the Trust for a group of employees shall be referred to herein as a “Participation Date”. The

Trustees, as defined in 2.1.0, shall determine the Participation Date which shall be no earlier

than September 1, 2016 and no later than August 31, 2017. The Trustees, as defined in

2.1.0, shall cooperate with other Trusts to move all employee groups into the Trust(s) at the

same time.

The parties acknowledge that the establishment of the Trust represents a substantial

commitment within and beyond the term of the current collective agreement. This letter of

agreement is conditional upon its terms continuing in full force and effect beyond the

termination date of the collective agreement, and is made in detrimental reliance upon such

continuation. The terms of this letter of agreement will form the basis for a trust agreement

setting out the terms of the ELHT to be approved by the parties.

1. PRINCIPLES

1.1 The Trust will be governed by trustees appointed by the OECTA (“the employee

trustees”) and trustees appointed by OCSTA and the Crown acting together

(“the employer trustees”);

1.2 The Trust will be responsible for the delivery of benefits on a sustainable,

efficient and cost effective basis;

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1.3 Services provided by the Trust to be available in both official languages,

English and French;

1.4 Other employee groups in the education sector may join the Trust by entering

into an agreement with the Trustees that requires the group to pay for all

benefits and administrative costs related to the creation, establishment and

operation of a benefits plan for that group. The Trustees, as defined in 2.1,

will develop an affordable and sustainable benefits plan that is based on the

funding available to the other employee group(s).

2. GOVERNANCE

2.1 Board of Trustees

2.1.1 The Board of Trustees (the “Trustees”) will be comprised of 7 voting members

that include 4 employee trustees and 3 employer trustees who have voting

privileges on all matters before the board plus 2 additional Trustees as outlined

in 2.1.2. Employee Trustees shall be appointed by OECTA. Employer Trustees

shall be appointed by the employer bargaining agent and the Crown, working

together.

2.1.2 The Trustees shall also include 2 additional trustees (the “Additional

Trustees”), one of whom shall be appointed by OECTA and one of whom shall

be appointed by the OCSTA/ Crown.

Each Additional Trustee shall have significant experience in the area of

employee benefits, or have expertise in the employee benefits field and be an

accredited member in good standing of a self-governed professional

organization recognized in Canada in the legal, financial services, actuarial or

benefits consulting field whose members have a recognized expertise relevant

to employee benefits.

The Additional Trustees shall have no conflict of interest in their role as advisor

to the Trust, and shall not be employed by the Trust, the shared services office

supporting the Trust, a teacher association, a school board or the Government

of Ontario or retained by the Trust.

2.1.3 All voting requires a simple majority to carry a motion.

2.1.4 OECTA shall determine the initial term and subsequent succession plan for

their Trustees. OCSTA and the Crown acting together, shall determine the

initial term and subsequent succession plan for their Trustees.

3. ELIGIBILITY AND COVERAGE

3.1 The Trust will maintain eligibility for OECTA represented employees who are

covered by the Local Collective Agreement (“OECTA represented employees”)

as of August 31, 2014 except for individuals covered under section 4.1.4 i.

below, and, to the extent they are eligible for benefits from subsisting benefit

P a g e |39

plans, former and retired OECTA represented employees. The Trust will also be

permitted to provide coverage to other active employee groups in the

education sector with the consent of their bargaining agents and employer or,

for non-union groups, in accordance with an agreement between the Trustees

and the applicable Board. These groups must request inclusion in the Trust,

and must agree to comply with the Trust’s financial, data and administrative

requirements. The Trustees will develop a plan based on the level of funding

that the group brings to the Trust.

3.2 Any new group that requests inclusion into the Trust will be provided a generic

branding for their respective benefit plans.

3.3 Retirees who were, and still are, members of a Board benefit plan at August

31, 2013 based on the prior arrangements with the Board.

3.4 Retirees who became members of a Board benefit plan after August 31, 2013

and before the Board participation Date shall be segregated in their own

experience pool and the premiums are to be fully paid by the retirees.

3.5 No individuals who retire after the Board Participation Date are eligible.

3.6 The benefit plan offered by the Trust may provide coverage for health, life and

dental benefits including accidental death and dismemberment (AD&D), travel,

medical second opinion and navigational services, subject to compliance with

section 144.1 of the ITA. After the initial establishment of the Trust, other

employee benefit programs may be considered for inclusion, only if negotiated

in future central collective agreements.

3.7 Each Board shall provide to the Trustees of the OECTA ELHT directly, or

through its Insurance Carrier of Record, Human Resource Information System

(HRIS) information noted in Appendix A within one (1) month of notification

from the Trustees, in the format specified by the Trustees.

4. FUNDING

4.1 Negotiated Funding Amount, Board Contributions

4.1.1 Each Board shall pay an amount equal to 1/12th of the annual negotiated

funding amount as described in 4.1.3 to the Trustees of the OECTA ELHT by

the last day of each month from and after the Board’s Participation Date.

4.1.2 By December 31, 2015, the Board will calculate the annual amount of a.i)

divided by a.ii) which will form the base funding amount for the Trust;

a.

i) “Total Cost” means the total annual cost of benefits and related

costs including but not limited to claims, administration

expenses, insurance premiums, consulting and advisory fees and

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all other costs and taxes, as reported on the insurance carrier’s

most recent yearly statement and, if any, premium costs on

other school authority financial statements for the year not

ending later than August 31, 2015. The statements are to be

provided to the Ministry of Education.

Total Cost excludes daily occasional teacher costs associated

with 4.1.4 and retiree costs associated with 3.3 and 3.4.

ii) The average number of Full-Time Equivalent (FTE) positions in

the bargaining unit as at October 31st and March 31st for the

period consistent with i).

iii) The FTE used to determine the Boards’ benefits contributions will

be based on the boards’ FTE as of October 31st and March 31st

of each year. Each Board’s total FTE shall be verified by the Local

Bargaining Unit.

For example, if a Board’s FTE count is 700 on October 31st and

720 on March 31st, the annual FTE count shall be 710 for funding

purposes.

b. Calculations in a.i), a.ii) and a.iii) will be subject to specified audit

procedures that will be completed by the Boards external auditors by

May 15, 2016.

c. The Board’s total FTE, as identified in 4.1.2 a.iii) shall include all regular

teachers, and all Long Term Occasional Teachers (LTOs). It is

understood that Continuing Education Teachers and Adult Education

Teachers are counted as part of the board’s total FTE. For clarity, where

a person is on leave and is replaced by an LTO, only one of the two

individuals are included, not both. It is understood that the calculation

of the number of regular teachers and the number of LTOs is not

subject to any existing contractual language that limits regular teacher

or LTO eligibility or pro-rates their entitlement to benefits.

4.1.3 On the participation Date, the Board will contribute to the Trust

a. the amount determined in s. 4.1.2 plus 4% for 2015-16 and 4% for

2016-17.

b. An amount of $300 per FTE, in addition to a) will be provided.

4.1.4 Funding previously paid under 4.1.3 above will be reconciled to the agreed

October 31st and March 31st FTE and any identified difference will be remitted

to the Trust in a lump sum on or before the last day of the month following

reconciliation.

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i. With respect to daily occasional teachers where payment is provided in-lieu

of benefits coverage, this arrangement will remain the on-going obligation

of the affected Boards. Where benefits coverage was previously provided

by the Boards for daily occasional teachers this arrangement will remain the

on-going obligation of the affected Boards. The Transition Committee (7)

will work with the affected Boards to find a similar plan for occasional

teachers in those Boards that is cost neutral to the Boards, recognizing

inflationary cost as follows: plus 4% for 2015-16 and 4% for 2016-17.

ii. Where Boards provide payment in-lieu of benefits for teachers in long-term

occasional assignments, the payment-in-lieu shall cease on the Board’s

Participation Date.

4.1.5 All amounts determined in sections 4.1.2 a and 4.1.4 shall be subject to a due

diligence review by the OECTA. The Boards shall cooperate fully with the

review, and provide, or direct their carriers or other agents to provide, all data

requested by the OECTA. If any amount cannot be agreed between the OECTA

and a Board, the parties shall make every effort, in good faith, to resolve the

issue using the data provided, supporting information that can be obtained and

reasonable inferences on the data and information. If no resolution to the

issue can be achieved, it shall be referred to the Central Dispute Resolution

process.

On any material matter relating to sections 4.1.2 a. and 4.1.4, OECTA or

OCSTA can deem this Letter of Agreement to be null and void. No Participation

Dates for any Boards shall be triggered and the benefits related provisions of

all local agreements, as they were before the adoption of this Letter of

Agreement, shall remain in full force and effect.

4.1.6 The Board shall be responsible for administering and paying for any existing

Employee Assistance Programs (EAPs), maintaining current employer and

employee co-share where they exist. The Board shall maintain its contribution

to all statutory benefits as required by legislation (including but not limited to

Canada Pension Plan, Employment Insurance, Employer Health Tax, etc.).

Funding arrangements related to the use of employee Employment Insurance

Rebates for the provision of EAP services remain status quo with full disclosure

to the local unit but if these funds are directed to the funding of other benefits

or benefit services they shall be collected by the board and provided annually

by March 30 to the Trust in addition to the amounts as set out in section 4.1.2.

4.1.7 Sixty days prior to the Participation Date, the Trust will be responsible for

informing the Boards of any further changes required by the Trust from

employees’ pay.

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4.1.8 The Board shall deduct premiums as and when required by the Trustees of the

OECTA ELHT from each member’s pay on account of the benefit plan(s) and

remit them as and when required by the Trustees to the Trust Plan

Administrator of the OECTA ELHT with supporting documentation as required

by the Trustees.

4.1.9 Any other cost sharing or funding arrangements are status-quo to the local

collective agreement, Board policies and/or Board procedures such as but not

limited to Employment Insurance rebates.

4.1.10 Funding for retirees shall be provided based on the costs/premiums in 2014-15

associated with those retirees described in 3.3.0 and 3.4.0. The amount in

2014-15 will be increased by 4% in 2015-16 and 4% in 2016-17. Employer

and employee co-shares will remain status quo per local collective agreements

in place as of August 31, 2014 or per existing benefit plan provisions.

4.2 Start-Up Costs

4.2.1 The Crown shall provide:

a. A one-time contribution to the Trust equal to one and a half month’s

benefits costs determined in 4.1.2 a.i), (15% of Total Cost in 4.1.2 a. to

establish a Claims Fluctuation Reserve (“CFR”). This amount shall be paid

to the Trustees on or before September 1, 2016.

b. A one-time contribution to the Trust of one-half of one month’s benefits

costs determined in 4.1.2 a.i), (4.15% of Total Cost in 4.1.2 a.i), to cover

start-up costs and/or reserves. This amount shall be paid to the Trustees

in accordance with 4.2.3.

4.2.2 The Trust shall retain rights to all data and licensing rights to the software

systems.

4.2.3 The Crown shall pay to the OECTA $2.5 million of the startup costs referred to

in s. 4.2.1 b. on the date of ratification of the central agreement, and shall pay

to OECTA a further $2.5 million subject to the maximum of the amount

referred to in s. 4.2.1 b. by June 1, 2016. The balance of the payments, if

required under s. 4.2.1 b. shall be paid by the Crown to OECTA on or before

September 1, 2016.

4.2.4 In addition to any other payments required hereunder, on the day that a Board

commences participation in the Trust, or as soon as reasonably and feasibly

possible thereafter, all eligible and available surpluses in board-owned defined

benefit plans will be transferred to the Trust by the applicable Board in an

amount equal to each employee’s pro rata share based on the amount of the

employee’s co-share payment of each benefit. The remaining portion of the

Board’s surplus will be retained by the Board.

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a. All Boards’ reserves for Incurred But Not Reported (“IBNR”) claims and

CFR, will remain with the existing carriers until those reserves are

released by the carriers based on the terms of existing contracts.

b. For the Administrative Services Only plans (ASO), a surplus (including

deposits on hand) will be distributed to the Trust, net of claims, no later

than 5 months after the participation Date based on employees’ co-

share, or as determined through discussions with the carrier. Employees

will have 3 months after the participation Date to submit claims. After

this period they will not be eligible.

c. Where there are active grievances related to surpluses, deposits and or

reserves, the amount in dispute shall be internally restricted by the

Boards until the grievance is settled.

d. Prior to transitioning to the Trust, the parties shall determine whether

the group transitioning has an eligible and available employer/employee

deficit/surplus under the financial arrangements within their existing

group insurance policies. For policies where the experience of multiple

groups has been combined, the existing surplus will be allocated to each

group based on the following:

i. If available, the paid premiums or contributions or claims costs of each

group; or

ii. Failing the availability of the aforementioned financial information by

each group, then the ratio using the number of FTE positions covered

by each group in the most recent policy year will be used.

The methodology listed above will be applicable for each group leaving

or terminating an existing policy where the experience of more than

one group has been aggregated. Policies where the existing

surplus/deficit has been tracked independently for each group are not

subject to this provision.

e. Where applicable, Boards with deficits in their benefit plans will first

recover the deficit through the CFR and IBNR. Where these reserves

are insufficient, the remaining deficits shall be the sole responsibility of

those Boards.

4.2.5 In order to ensure the fiscal sustainability of said benefit plans, Boards will not

make any withdrawal, of any monies, from any health care benefit plan

reserves, surpluses and/or deposits nor decrease in benefit plan funding unless

in accordance with B-Memo B04:2015. It is the parties understanding that

Ministry of Education Memo B04:2015 applies and will remain in effect until

Board plans become part of the Trust.

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4.2.6 Within 60 days of the end of each school year, the amount paid by the Crown

or by a Board in relation to s. 4.1.3 shall be reconciled to the actual negotiated

funding amount required under this Letter of Agreement, and any difference

shall be paid to the Trust or deducted against future payments of Boards within

30 days of the reconciliation.

4.3 Interim Benefits Coverage

4.3.1 For the current term the Boards agree to contribute funds to support the Trust

as follows:

a. The Boards will continue to provide benefits in accordance with the existing

benefit plans and co-pay arrangements until the Employees’ Participation

Date in the Trust.

b. The terms and conditions of any existing EAPs shall remain the responsibility

of the respective Boards and not the Trust.

c. With respect to daily occasional teachers, where payment is provided in-lieu

of benefits coverage, this arrangement will remain the on-going obligation

of the Boards.

5. SHARED SERVICES

5.1 OECTA agrees to adopt a shared services model that will provide for the

administration and investment of the Trust and will allow other Trusts to join

the shared services model. The shared services office of the Trust is

responsible for administering the benefits provided and ensuring the delivery of

benefits on a sustainable, efficient and cost effective basis.

5.1.1 Shared administrative services will be provided by the Ontario Teachers

Insurance Plan (“OTIP”) and will be competitively procured within 4 years of

the last employee representative group’s participation Date but shall be no

later than August 31, 2021.

5.1.2 Any procurement of services to support the administration of benefits

conducted by the shared services office should include the procurement of

these services for all Trusts to ensure the most efficient and cost effective

service.

5.2 Trustees

5.2.1 The Trustees and the Additional Trustees together shall be responsible for the

operations of the Trust, including, but not limited to:

a. The Trustees’ selection of the Trust auditors and the Trust actuaries.

b. The annual reports of the auditors and actuaries.

c. The actuarial report, including any report obtained under Section 6

regarding recommendations on sustainability of the initial plan design.

The first actuarial report shall be received no sooner than six months and

no later than twelve months following the implementation of the initial

plan.

d. The actuarial report, including any report obtained under Section 6

regarding recommendations on sustainability, of any subsequent changes

to the plan design.

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e. The design and adoption of the initial Benefit Plan and any amendments

to the Benefit Plan;

f. Validation of the sustainability of the respective Plan Design;

g. Establishing member contribution or premium requirements, and

member deductibles;

h. Identifying efficiencies that can be achieved;

i. The design and amendment of the Funding Policy;

j. The Investment Policy and changes to the Investment Policy;

k. Procurement of adjudicative, administrative, insurance, consultative and

investment services.

5.2.2 Despite 5.2.1, the Additional Trustees shall not vote on the adoption of the

initial Benefit Plan design.

5.2.3 Under the Funding Policy, surpluses at the Trust may not be refunded or

distributed in cash, but may be used, as determined by the Trust to:

a. Fund claims stabilization or other reserves; and/or

b. Improve plan design; and/or

c. Expand eligibility; and/or

d. Reduce member premium share.

5.2.4 Under the Funding Policy, actual and projected funding deficiencies (per s.6.1)

of the Trust will be addressed no later than the next regular plan renewal (as

of September 1st) using one or more of the following methods, as determined

by the Trust:

a. Use of existing claims stabilization funds; and/or

b. Increased member share premium; and/or

c. Change plan design; and/or

d. Cost containment tools; and/or

e. Reduced plan eligibility; and/or

f. Cessation of benefits, other than life insurance benefits.

The Funding Policy shall require that the Trustees and the Additional Trustees

to take the necessary actions or decisions during a period in which the CFR is

less than 8.3% of annual plan expenses over a projected three year period. If

the motion to adjust the plan design does not pass, the Trust will increase

member share premiums to restore the balance to at least 8.3% of total

annual expenses.

5.2.5 The Trustees shall adopt policies for the appointment, review, evaluation and,

if necessary, termination, of all of their service providers.

5.2.6 The Trust shall provide “trustee liability insurance” for all Trustees.

6. ACCOUNTABILITY

6.1 Actuaries and external auditors will be appointed by the Trust. Audited

financial statements, and an actuarial evaluation report will be obtained for the

Trust on an annual basis. The actuarial report will include projections regarding

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the adequacy of contributions to cover projected benefit and related costs for a

period not less than three (3) years into the future.

6.2 Copies of the audited financial statements and actuarial evaluation report

requested in section 6.1 above, will be shared with OECTA, OCSTA and the

Crown.

7. TRANSITION COMMITTEE

7.1 A transition committee comprised of the employee representatives and the

employer representatives, including the Crown, will be established by January

2016 to address all matters that may arise in the creation of the Trust.

8. ENROLMENT

8.1 For new hires, each Board shall distribute benefit communication material as

provided by the Association to all new teachers/members within 5 days from

their acceptance of employment.

8.2 For existing members, the Board shall provide the Human Resource

Information System (HRIS) file with all employment information to the

Trustees as outlined in Appendix A.

8.3 Where an HRIS file cannot be provided, the Board shall provide the required

employment and member information to the Trust Plan Administrator in

advance of the member commencing active employment. The Board shall enter

any subsequent demographic or employment changes as specified by the Trust

Plan Administrator within one week of the change occurring.

8.4 The benefit administration for all leaves, including Long-Term Disability where

applicable, will be the responsibility of the Trust Plan Administrator. During

such leaves, the Board shall continue to provide HRIS information and updates

as defined above.

8.5 Each Board shall provide updated work status in the HRIS file a minimum of 2

weeks in advance of the leave.

9. Errors and Omissions

9.1 Board errors and retroactive adjustments shall be the responsibility of the

Board.

9.2 If an error is identified by a Board, notification must be made to the Trust Plan

Administrator within seven (7) days of identification of the error.

9.3 Upon request by the Trust Plan Administrator, a Board shall provide all

employment and member related information necessary to administer the

provincial benefit plan(s). Such requests shall not be made more frequently

than twice in any 12 month period.

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9.4 The Trust Plan Administrator has the right to have their representatives review

employment records related to the administration of the Association’s

provincial benefit program at a Board office during regular business hours upon

30 days written notice.

10. Claims Support

10.1 The Board shall complete and submit the Trust Plan Administrator’s Waiver of

Life Insurance Premium Plan Administrator Statement to the Trust Plan

Administrator for life waiver claims when the Trust Plan Administrator does not

administer and adjudicate the LTD benefits.

10.2 Each Board shall maintain existing beneficiary declarations. When required, the

Board shall provide the most recent beneficiary declaration on file to the Trust

Plan Administrator.

11. Privacy

11.1 In accordance with applicable privacy legislation, the Trust Plan Administrator

shall limit the collection, use and disclosure of personal information to

information that is necessary for the purpose of providing benefits

administration services. The Trust Plan Administrator’s policy shall be based

on the Personal Information Protection and Electronic Documents Act

(PIPEDA).

12. PAYMENTS

12.1 The Crown will make a recommendation to the Lieutenant Governor in Council

to amend the Grants for Student Needs funding regulation indicating that

funding amount provided for benefit of the Trust must be provided to the Trust

in accordance with the Letter of Agreement.

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Appendix A – HRIS File

Each Board may choose to provide to the Trustees of the OECTA ELHT directly, or provide

authorization through its Insurance Carrier of Record to gather, the following information

within one (1) month of notification from the Trustees. The following information shall be

provided in the formats agreed to by the Trustees of the OECTA ELHT and the employer

representatives:

a. complete and accurate enrollment files for all members, member spouses and eligible

dependents, including:

i. names;

ii. benefit classes;

iii. plan or billing division;

iv. location;

v. identifier;

vi. date of hire;

vii. date of birth;

viii. gender;

ix. default coverage (single/couple/family).

b. estimated return to work dates;

c. benefit claims history as required by the Trustees;

d. list of approved pre-authorizations and pre-determinations;

e. list of approved claim exceptions;

f. list of large amount claims based on the information requirements of the Trustees;

g. list of all individuals currently covered for life benefits under the waiver premium

provision; and

h. member life benefit coverage information.

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Appendix B

This form shall be provided by the medical practitioner to the employee who will then deliver

it to the Human Resources Department.

Medical Certificate

Part 1 – Employee - please complete following:

_________________________________________________

(Employee Name)

The information supplied will be used in a confidential manner and

may assist in creating a return to work plan.

I hereby consent to the completion of this form by:

_______________________________________________________

(Treating Medical Practitioner’s Name)

_________________________________ ______________________________

(Signature of Employee) (Date)

Part 2 – Medical Practitioner – please complete the following

1. Nature of Illness (do not provide diagnosis):

_______________________________________________________________

* "Nature of the illness"(or injury) suggests a general statement of a person's

illness or injury in plain language without any technical medical details,

including diagnosis or symptoms. Although revealing the nature of an illness

may suggest the diagnosis, it will not necessarily do so. "Nature of illness" and

"diagnosis" are not congruent terms. For example, a statement that a person

has a cardiac or abdominal condition or that s/he has undergone surgery in that

respect reveals the essence of the situation without revealing a diagnosis.

Page 1 of 4

Absent from Work

________________

(first date of absence)

Not absent from

work but requires accommodations

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2. Is this condition the result of: (check one)

Non-occupational illness/injury Occupational illness/injury

3. Is he/she receiving treatment: Yes No

4. Has or will a referral to a specialist been made? Yes No

If yes, date of referral: ________________________

(dd/mm/yyyy)

5. Have you discussed return to work with your patient? Yes Not at this

time

6. Is the patient able to return to work: with accommodation without accommodation

Expected date of return: ___________________ (dd/mm/yyyy)

unable to return to work at this time

7. Date of next assessment: ___________________ (dd/mm/yyyy)

Health Care Practitioner Signature:

Date Completed: ______________________ dd/mm/yyyy

Health Care Practitioner Name and Address:

Part 3 and/or 4 need only be completed for a return to work that

requires an accommodation.

Page 2 of 4

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Part 3 – Medical Practitioner – please complete the following:

COGNITIVE LIMITATIONS AND/OR RESTRICTIONS N/A

Please describe cognitive limitations and/or restrictions. Physical limitations and/or restrictions, if any, can be detailed in Part 4. These cognitive restrictions will be assessed when determining modified work either in the employee’s own position or another suitable position.

Date of Assessment: ____________________________ (dd/mm/yyyy)

Level of Functioning (Please circle which level applies for each task)

LEVEL 1 LEVEL 2 LEVEL 3 LEVEL 4

Supervision Required needs constant supervision

needs frequent supervision

needs limited supervision

requires no supervision

Supervision of

Others not able to

supervise others

can meet demands of or for occasional

supervision

can meet demands of or for regular

supervision

can meet demands of full supervision

Tolerance to

Deadlines cannot deal with

deadline pressures occasionally deal with deadlines

can deal with deadlines that are reoccurring

can deal with strict deadlines

Attention to Detail (indicate maximum time the Individual can concentrate)

concentration on detail is severely

limited

concentrate on detail is limited

can concentrate on details,

needs occasional breaks of non

detailed work

able to concentrate intensely on detailed

work

Performance of

Multiple Tasks can deal with one task at a time

can handle more than 1 task but requires cues as

to when to do task

can handle multiple tasks requires some time management

assistance

fully able to handle multiple tasks without

difficulty

Tolerance to

External Stimulus needs quiet, non distracting work

environment

can cope with small degree of

distraction

can cope with distracting stimuli for portion of day

fully able to cope with multiple stimuli without

negative effect

Ability to Work

with Others

Cooperatively

tolerates working alone

can tolerate others within vicinity, but needs to perform independent tasks

can work with others cooperatively when required

fully able to work in close cooperation

with others

Confrontational

Situations unable to cope

with confrontational

situations

can cope with exposure to

confrontational situations with back-

up available

moderate ability to cope with

confrontational situations

able to deal with confrontational

situations with tact and control

Responsibility and

Accountability

errors in judgment or attention likely

to occur

can exercise a moderate level of responsibility with occasional need

for support

can accept responsibility including the

responsibility for the safety of others

can accept a high level of responsibility including sensitive

situations

Prognosis (based on objective assessments)

From the date of this assessment, the above will apply for approximately:

1-2 weeks 3-5 weeks 6-8 weeks 2-3 months 4-6 months

6+ months Unknown

Recommendations for work hours and start date:

Regular full time hours Modified hours Graduated hours

Start Date: ____________________ (dd/mm/yyyy)

Next appointment date to review Limitations and/or Restrictions: ____________________ (dd/mm/yyyy)

Page 3 of 4

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Part 4 - Medical Practitioner – please complete the following:

PHYSICAL LIMITATIONS AND/OR RESTRICTIONS N/A

Please describe physical limitations and/or restrictions only. Cognitive limitations and/or restrictions, if any, can be detailed in Part 3. These physical restrictions will be assessed when determining modified work either in the employee’s own position or another suitable position.

Date of Assessment: ______________________ (dd/mm/yyyy) Walking:

Full abilities Up to 100 metres 100 - 200 metres Other (please specify)

____________________

Standing:

Full abilities Up to 15 minutes 15 - 30 minutes Other (please specify)

_______________________

Sitting:

Full abilities Up to 30 minutes 30 minutes - 1 hour Other (please specify)

________________________

Lifting from floor to waist:

Full abilities Up to 5 kilograms 5 - 10 kilograms Other (please specify)

_____________________

Lifting from Waist to Shoulder:

Full abilities Up to 5 kilograms 5 - 10 kilograms Other (please specify)

____________________

Stair Climbing:

Full abilities Up to 5 steps 5 - 10 steps Other (please specify)

_______________________

Bending/twisting

repetitive movement of (please specify): ____________________

Work at or above

shoulder activity: _______________________

Limited pushing / pulling with:

Left Arm Right Arm Other (please specify)

______________________

Limited use of hand(s):

Left Right Gripping Pinching Other

________________________

Operating motorized

Equipment

Environmental Exposure

to: (heat, cold, noise)

Chemical exposure to:

___________________

Exposure to Vibration:

Whole body Hand/arm

Other (Please describe) Prognosis - From the date of this assessment, the above will apply for approximately:

1-2 weeks 3-5 weeks 6-8 weeks 2-3 months 4-6 months 6+ months Unknown

Recommendations for work hours and start date:

Regular full time hours Modified hours Graduated hours

Start Date: ____________________ (dd/mm/yyyy)

Next appointment date to review Limitations and/or Restrictions: __________________________ (dd/mm/yyyy)

Please provide any additional information/comments/findings/limitations (ex. Physical, Cognitive) which

you feel would assist our employee in a safe and timely return to work.

_________________________________________________________________________________

__________________________________________________________________________________ __________________________________________________________________________________

Page 4 of 4

Secondary Teachers’

Collective Agreement

September 1, 2014

August 31, 2017

THE DUFFERIN-PEEL CATHOLIC

DISTRICT SCHOOL BOARD

AGREEMENT

BETWEEN

DUFFERIN-PEEL CATHOLIC DISTRICT SCHOOL BOARD

(hereinafter called “the Board”)

- AND –

THE ONTARIO ENGLISH CATHOLIC TEACHERS’ ASSOCIATION

(OECTA.)

REPRESENTING THE SECONDARY SCHOOL TEACHERS EMPLOYED BY THE BOARD

(hereinafter called “the Dufferin-Peel Secondary Unit”)

PREAMBLE

WHEREAS it is the common goal of the Board and the Dufferin-Peel Secondary Unit to provide the best

possible Catholic education for the children of this community;

AND WHEREAS to achieve that goal it is essential that the Board and its Teachers maintain the harmonious

relationship which exists between them;

AND WHEREAS it is essential that to achieve that goal, the Board and Teachers undertake their respective

responsibilities in this task;

IT IS THE DESIRE OF THE BOARD AND ITS TEACHERS, with due regard for recognition of

qualifications, experience and responsibilities to meet established needs of the Board and to set forth the

salaries, allowances, and certain other conditions of employment, as agreed herewith.

TABLE OF CONTENTS

PAGE

PREAMBLE

ARTICLE 1 Recognition 57

ARTICLE 2 Duration and Renewal 60

ARTICLE 3 Conditions of Employment 60

ARTICLE 4 Placement 62

ARTICLE 5 Salary Grids and Allowances 65

ARTICLE 6 Benefits 69

ARTICLE 7 Leave Plans 72

ARTICLE 8 No Strike – No Lockout 76

ARTICLE 9 Grievance Procedure 76

ARTICLE 10 Arbitration 78

ARTICLE 11 Workplace Safety and Insurance 79

ARTICLE 12 Deferred Salary Leave 79

ARTICLE 13 Working Conditions 85

ARTICLE 14 In-School Surplus and Postings 97

ARTICLE 14A Redundancy 99

ARTICLE 15 Professional Development 101

ARTICLE 16 Part-Time Teaching Load 102

ARTICLE 17 Continuing Education 103

ARTICLE 18 Personnel Files 107

ARTICLE 19 Joint Consultation Committee 108

ARTICLE 20 Coordinators and Consultants 108

ARTICLE 23 Transfer and Posting 109

ARTICLE 24 Disclosure of Information 113

APPENDIX “C” Assault Procedure 114

APPENDIX “F” Part Time Teaching Load 115

LETTERS OF UNDERSTANDING AND INTENT 119

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ARTICLE 1 – RECOGNITION

1.010 The Board recognizes the Ontario English Catholic Teachers’ Association as the

exclusive bargaining agent for the Dufferin-Peel Secondary Unit consisting of

every Part X.1 Teacher, as defined in the Education Act, other than occasional

Teachers, who is assigned to one (1) or more secondary schools or to perform

duties in respect of such schools all or most of the time.

1.011 If subsequent legislation should have the effect that Teachers not presently

bargained for by Dufferin-Peel Secondary Unit would fall within the

definition of “Teacher” in Article 1.010 of the collective agreement (the

“Agreement”), it is understood and agreed that, notwithstanding the said

Article, such teachers would not be covered by the Agreement. In such event,

the Board will promptly meet with Dufferin-Peel Secondary Unit to negotiate

the terms and conditions of employment of such Teachers. If the parties are

unable to agree on such terms and conditions of employment within thirty (30)

days after first commencing to negotiate, the parties agree to jointly seek the

assistance of a mediator.

1.020 The terms of this Agreement shall apply to all Teachers, as defined in Article

1.010, while in the employ of this Board, unless specifically stated otherwise.

1.022 For the purposes of contract interpretation:

a) Schools organized on a Grade 9 – Grade 12 basis, or part thereof, shall

be referred to as “Secondary Schools”

b) Students registered in Grade 9 – Grade 12 (or registered in any

other program at a secondary school) shall be referred to as “Secondary

Students”.

1.025 “Position of Responsibility” shall mean Department Head, Co-ordinator,

Consultant or Teacher-in-Charge.

1.026 An Itinerant Teacher is a Teacher who is required to teach in two (2) or more

locations on the same day. An Itinerant Teacher who teaches in two (2) or more

locations on alternate days is not to be considered an Itinerant Teacher for the

purposes of contract interpretation.

1.027 A probationary period shall be a period of two (2) years where the Teacher has less

than three (3) years of experience as a Teacher in Ontario and one (1) year where

the Teacher has at least three (3) years of experience as a Teacher in Ontario.

1.030 The Teachers recognize and accept that it is the sole and exclusive right and

obligation of the Board to manage the affairs of the Board and to determine

educational policies.

1.030 A Without prejudice to the Board’s rights under Article 1.030, it is agreed that:

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(i) the Board has the right to make, change and enforce reasonable rules and

regulations; and

(ii) the Board has the right and obligation to implement all other aspects of the

Board’s jurisdiction as outlined in the legislation and regulations pertaining

to education in the Province of Ontario.

1.030 B The Board agrees that the provisions of this Article do not preclude representation

and consultation by the Board and the Dufferin-Peel Secondary Unit concerning

any matter.

1.030 C Upon the request of either party, the parties shall meet to review the

implementation of any proposed changes of alternative education programming.

1.030 D The parties acknowledge that the Board communicates important information

regarding its practices via electronic mail and as such it is important that employees

access their Board e-mail on a regular basis.

1.031 This Agreement is subject to the provisions of the Ontario Labour Relations Act

and the Education Act.

1.032 The provisions contained herein shall not be construed as to prejudicially affect

the rights and privileges with respect to the employment of Teachers enjoyed by

Roman Catholic and Protestant Separate School Boards under the Constitution

Act, 1867.

1.033 No Teacher shall be disciplined, demoted or discharged without just cause.

1.034 Where a recommendation is made to the Board of Trustees for the termination of

a probationary Teacher, the Board shall advise the Teacher of the recommendation

in writing and the reason(s) thereof, and shall give such Teacher an opportunity to

respond before the Board of Trustees makes its decision upon the recommendation.

1.035 a) The Board and the Dufferin-Peel Secondary Unit recognize that each has a right to

claim and enforce their rights under this Agreement without harassment from the

other for so doing.

b) A Teacher who is requested to attend a meeting at which the Board intends to

impose formal discipline by way of reprimand, suspension or demotion, shall be

apprised of their right to the presence and assistance of an OECTA representative,

as chosen by the Teacher. The parties agree that the meeting shall be

scheduled as soon as possible at a time when the Teacher and his/her

representative are available. A Teacher’s decision not to have OECTA

representation at any such meeting shall not invalidate any discipline that may be

imposed.

c) In any meeting requested by the Board to address an allegation of misconduct made

against a Teacher, the nature of the allegation shall be disclosed to the Teacher,

prior to the meeting.

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1.036 a) On each pay date on which a Teacher is paid, the Board shall deduct from each

Teacher the OECTA fee and any levy chargeable by the Dufferin-Peel Secondary

Unit. The respective amounts shall be determined by OECTA and the Dufferin-

Peel Secondary Unit in accordance with their respective constitutions and by-laws.

b) Prior to August 15 of the school year in which the payroll deductions are to be

made, OECTA and the Dufferin-Peel Secondary Unit shall inform the Board of the

amounts to be deducted. The respective amounts to be deducted shall not be

altered during the school year in which the deductions are made.

c) The OECTA fee deducted in 1.036 (a) shall be remitted to the General Secretary

of OECTA on or before the 15th day of the month following the date on which the

deductions were made.

d) The Dufferin-Peel Secondary Unit levy, if any, shall be remitted to the Treasurer

of the Dufferin-Peel Secondary Unit on or before the 15th day of the month

following the date on which the deductions were made.

e) OECTA and/or the Dufferin-Peel Secondary Unit, as the case may be, agree to

indemnify and save harmless the Board from any and all consequences of

deducting and remitting the fee or levy in accordance with 1.036 (a), 1.036 (b),

1.036 (c) and 1.036 (d).

1.037 The Board is committed to the hiring of qualified and certified Teachers. To that

end the Board shall include the following procedures to fill the available teaching

positions;

reference the existing pool of resumes on file,

advertised teaching positions will include school, grade(s), subject(s) and

approved ministry course code(s),

a copy of the first advertisement will be forwarded to the Unit,

whenever possible, individuals with letters of permission will be replaced with

qualified and certified Teachers for the second semester, and,

provide and update at each SSAC meeting the school, subject and dates of

duration of letters of permission (LOP) and temporary letters of approval

(TLA).

1.038 It is understood that where the Board establishes an active standing or ad-hoc

Board-wide committee which impacts Teacher working conditions for which

Teacher participation on the committee is desired by the Board, and also for which

there is no legislative or contractual obligation mandating Unit participation, the

Board shall request the name of a Teacher from the Dufferin-Peel Secondary Unit

to serve on said committee. The Dufferin-Peel Secondary Unit President will

forward the name of the Unit approved appointee to the Board.

This does not preclude the Board from having additional Teachers with particular expertise, beyond the Unit approved appointee, serve on any Standing or Ad-hoc Board-wide committee.

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It is further understood that if the Unit requests to have more than one Unit

approved Appointee on any Standing or Ad-hoc Board-wide committee, and if the

Board agrees, the costs associated with the additional appointee’s participation

including, but not limited to, Occasional Teacher Costs and Mileage, will be borne

by the Dufferin-Peel Secondary Unit.

ARTICLE 2 – DURATION AND RENEWAL

2.010 This Agreement shall have effect from September 1, 2014, up to and

including August 31, 2017, and from year to year, thereafter unless either party gives to the

other party notice, in writing, within the one hundred and fifty (150) day period before its

termination, that it desires to negotiate with a view to the renewal of this Agreement with or

without modification.

[This replaces the September 1, 2012 to August 31, 2014 Agreement]

2.020 The Parties shall meet within fifteen (15) calendar days from the giving of the

notice, or within such further period as the parties agree upon, and they shall bargain in good

faith and make every reasonable effort to make or renew a collective agreement.

2.030 The Board shall make available to the executive of the Dufferin-Peel Secondary

Unit, the qualifications, experience, benefits received, scattergrams indicating the

manner of calculation, and salary of each Secondary School Teacher employed by

the Board on October 31st of the school year.

This information will be made available by November 15th of the school year.

These are the figures that shall be used for all calculations for costing purposes of

the next Collective Agreement. Any and all enquiries by the Dufferin-Peel

Secondary Unit or designate regarding the provision of the information referred to

in this section shall be directed to the Superintendent of Human Resources &

Employee Relations.

ARTICLE 3 – CONDITIONS OF EMPLOYMENT

3.010 Evidence of Health

The Teacher, upon request, shall submit medical evidence of freedom from

communicable disease. Any such evidence shall be held in strict confidence, and

shall not be released to any employee of the Board except on a ‘need-to-know”

basis. The information will also be kept confidential from third parties, in

accordance with the Municipal Freedom of Information and Protection of Privacy

Act.

3.020 Documentary Proof

Subject to S262(1) of the Education Act it is understood that no person shall be

employed in a secondary school to teach or to perform any duty for which

membership in the College is required under this Act, unless the person is a

member of the College of Teachers. Proof of qualifications and experience must

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be submitted to the Board. The onus is on the Teacher to see that the necessary

documents are forwarded to the Supervisory Officer of the Human Resources

Department at the Board Office prior to the commencement of employment.

Failure to submit the necessary documents may result in a Teacher being placed at

the minimum of Level 4 (in the case of a Teacher holding a university degree) until

such time as the documents are forwarded to the Board Office. Provided that proof

of qualifications and experience is submitted within the same school year or

calendar year of the date of commencing employment with the Board (“the

commencement date”), whichever is longer, the Teacher shall receive any salary

adjustment retroactive to the commencement date; otherwise any salary

adjustment shall become effective when proof of qualifications and experience is

submitted to the Board. In extenuating circumstances, and at its discretion, the

Board may extend the period referred to above.

3.030 Dental Plan

Newly-hired Teachers shall join the Dental Plan selected by the Board if they are eligible

as defined by the Plan.

3.031 Notwithstanding Section 3.030, no Teacher shall be required to join the Dental

Plan selected by the Board if he/she is able to obtain dental plan coverage equal to or greater

than the Board Dental Plan.

3.040 Long Term Disability Plan

All present and newly-hired Teachers shall belong to the Long Term Disability Plan if

they are eligible as defined by the Plan.

3.041 Employees absent for seventy-five (75) continuous working days due to disability

shall apply for LTD benefits. If eligible, they shall receive benefits under the Plan.

The Board shall pay 100% of the cost for the LTD Plan.

3.050 a) It is understood that all new Teachers are required to gain credit in Religious

Education Part 1, offered by OECTA/OCSTA, during their probationary period as a condition

of gaining permanent status with the Board, unless equivalence is granted by OECTA or an

exemption is granted by the Director.

b) The Board will put on, in-house at no cost to Teachers, the OECTA or OCSTA

Religious Education Course Part 1.

c) Notwithstanding paragraph (a) above, a Teacher who is hired after the deadline for

acceptance into the Religious Education Course Part 1 shall be granted a one (1)

year extension to gain the required credit.

3.060 Every Teacher who is eligible to be a separate school supporter as provided in the

Education Act shall become and remain a separate school supporter during the

course of the Teacher’s employment by the Board unless:

(i) the Board or the separate school Board to whose schools the Teacher would

otherwise send that Teacher’s child or children does not provide a program

or specialized assistance required or advisable for such child or children, and

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(ii) such required or advisable program or specialized assistance is provided by

the public school Board in the municipality in which the Teacher resides and

would be available to such child or children.

In extenuating circumstances, the Director of Education may, at his/her discretion,

exempt a Teacher from the above provision.

ARTICLE 4 – PLACEMENT

4.001 a) All previous qualified teaching experience to the maximum for category placement

on the Teachers’ salary grid will be credited.

b) “Qualified teaching experience” shall mean experience obtained subsequent to the

completion of professional training deemed satisfactory to the standards

established by the Ontario Ministry of Education and includes:

(i) full-time or part-time experience gained as a Teacher under contract with a

Board in Ontario or elsewhere;

(ii) experience gained while on occasional teaching assignments with a Board

in Ontario or elsewhere;

(iii) experience gained as a Teacher in an accredited university or community

college; but excluding experience gained through teaching in evening or

summer school programs;

(iv) a Teacher, who before commencing his/her employment with the Board, has

met the criteria for certification by the Ontario College of Teachers, is

entitled to an adjustment in salary as of his/her commencement date, upon

receipt of certification from the College of Teachers, within the same school

year or calendar year whichever is longer. In extenuating circumstances, the

Board may extend this period as necessary.

c) For the purpose of determining “years” of experience, a year shall mean the ten

(10) month period from September 1 of a school year to June 30 of the immediately

following year, both dates inclusive. Notwithstanding the preceding sentence, if a

Teacher has worked for a period of five (5) months or more but less than ten (10)

months as of September 1 (hereinafter called a “short year”) during the term of this

agreement, such period shall be deemed for the purposes of experience to be a full

year of experience.

d) For the purposes of this calculation, a month shall be understood to equal twenty

(20) teaching days.

e) Any months of experience completed in excess of the minimum short year shall be

combined with the short year to form a year of experience before being credited to

any additional year.

f) If a Teacher is employed to teach for less than 100% time classification or less

than a full school year, then the amount of experience accrued by such Teacher

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shall be prorated in accordance with that percentage time classification or

percentage of the full school year that such Teacher was employed to teach.

g) Each semester will be of equal length.

4.002 For the purpose of determining years of teaching experience, related experience

credits shall be given according to the following criteria:

(i) Related experience shall mean experience in a trade or business related to

the subject which a Teacher is teaching in a Secondary School, if such

experience is required to qualify for admission to a Faculty of Education.

Only business or trade experience in excess of that required for admission to

a Faculty of Education shall be used in the calculation.

(ii) Credit shall be given for related experience up to ten (10) years at a ratio of

one (1) year’s credit for one (1) year of experience. The maximum number

of years to be credited for the purpose of placement on the Teacher salary

grid will be ten (10).

(iii) For the purposes of calculation:

One half (1/2) or more years = one (1) year

Less that one half (1/2) year = zero (0) year

4.003 Notwithstanding Article 4.001 (b) (iii), a Teacher shall be given credit for

experience gained in an Ontario Community College as an instructor of

technological studies if the Teacher is teaching a subject in the area of

technological studies with the Board.

4.010 “Accredited University” means a University offering an acceptable University

Degree as defined in Ontario Regulation 297, R.R.O. 1990, as amended.

4.011 The placement of Teachers shall be determined in accordance with the Teacher’s

Qualifications Evaluations Program 5 (hereinafter referred to as “QECO 5”). No

Teacher who was evaluated correctly for placement purposes under the processes

of evaluation in effect prior to the introduction of QECO 5 shall have his/her

placement reduced because of QECO 5.

4.012 Ontario Certificates only are included in the definition of levels.

4.014 Any degree recognized by the Ministry of Education for admission to the Ontario

College of Education is the equivalent of a B.A. Degree. The onus will be on the

Teacher to provide the Board with the Ministry of Education’s approval that it is

equivalent.

4.015 Fractions of a year shall be added together, the resulting number of months divided

by ten (10) will be considered as a year of experience; remaining months over five

to count as one (1) year. All calculations to be made as of September 1st.

4.016 Two (2) years pre-Teachers’ College experience with Temporary Elementary

Certificate shall be calculated as one (1) year.

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4.017 Except as specifically provided for in the terms of this Agreement, the annualized

salary rate of each Teacher shall be determined in accordance with Article 5

(Salary – Grids and Allowances)

4.018 A Teacher, who before the beginning of the school year, has met all the conditions

required for a certificate of a higher level, is entitled to an adjustment in salary as

of the school term commencing either September 1st or January 1st, provided that

the following conditions are met:

a) To qualify for a September 1st adjustment, the Teacher must have

completed course requirements prior to September 1st and must submit to

the Human Resources Department, by December 31st of that year, a revised

QECO evaluation or QECO acknowledgement card.

b) To qualify for a January 1st adjustment, the Teacher must have completed

course requirements prior to January 1st and must submit to the Human

Resources Department by April 30th of that year, a revised QECO evaluation

or QECO acknowledgement card.

The Board has the discretion to extend the deadline in extenuating circumstances,

caused by the QECO procedures, where the Teacher has provided the Board with

evidence that QECO has received the relevant information prior to December 31st

for a September 1st adjustment and prior to April 30th for a January 1st adjustment.

4.021 Method of Payment

1. Documentation

All newly-hired Teachers must be fully documented prior to

commencement of work.

2. Annual Salary

Annual salary shall be as determined by this collective salary agreement.

3. Part Time/Temporary Teachers

Annual salaries and allowances will be pro-rated to cover time worked.

4. Payment Information

All Payments shall be deposited electronically at the financial institution of

the Teacher’s choice and payment information is maintained in the

Employee Portal which can be printed by the Teacher.

5. Payment Basis

Teachers shall be paid bi-weekly by direct deposit, on Thursdays, based on

1/26 of the annual salary.

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ARTICLE 5 - SALARY GRIDS AND ALLOWANCES

5.010

Teachers’ Salary Grid for September 1, 2014

YRS

EXP

LEVEL 3 LEVEL4

A1

LEVEL 5

A2

LEVEL 6

A3

LEVEL 7

A4

0 40379 45271 47845 53789 56884

1 43230 48188 50836 56884 59957

2 46181 51301 53789 59957 63036

3 49218 54358 56884 63036 66068

4 52311 57348 59957 66068 69163

5 55345 60401 63036 69163 72600

6 58383 63518 66068 72260 76038

7 61413 66451 69163 75313 79471

8 64509 69569 72260 78305 82906

9 66319 72640 75313 81281 86341

10 69146 76832 79484 84273 89778

11 88575 94613

Certified Teachers not eligible for Level 3 shall be paid $46,181.

As per Article 2.1.3 of Part A: Central Terms, the salary grid effective September 1, 2016

shall be:

YRS LEVEL 3 LEVEL 4 LEVEL 5 LEVEL 6 LEVEL 7

EXP A1 A2 A3 A4

0 40783 45724 48323 54327 57453

1 43662 48670 51344 57453 60557

2 46643 51814 54327 60557 63666

3 49710 54902 57453 63666 66729

4 52834 57921 60557 66729 69855

5 55898 61005 63666 69855 73326

6 58967 64153 66729 72983 76798

7 62027 67116 69855 76066 80266

8 65154 70265 72983 79088 83735

9 66982 73366 76066 82094 87204

10 69837 77600 80279 85116 90676

11 89461 95559

Certified teachers not eligible for Level 3 shall be paid $46,643.

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As per Article 2.1.4 of Part A: Central Terms, the salary grid effective the 98th day of the

2016-2017 school year shall be:

YRS LEVEL 3 LEVEL 4 LEVEL 5 LEVEL 6 LEVEL 7

EXP A1 A2 A3 A4

0 40987 45953 48565 54599 57740

1 43880 48913 51601 57740 60860

2 46876 52073 54599 60860 63984

3 49959 55177 57740 63984 67063

4 53098 58211 60860 67063 70204

5 56177 61310 63984 70204 73693

6 59262 64474 67063 73348 77182

7 62337 67452 70204 76446 80667

8 65480 70616 73348 79483 84154

9 67317 73733 76446 82504 87640

10 70186 77988 80680 85542 91129

11 89908 96037

Certified teachers not eligible for Level 3 shall be paid $46,876

5.040 Consulting Staff

Responsibility Allowance:

Effective September 1, 2014

Co-ordinator $9,439

Consultant $6,271

Department Head $6,371

Post Graduate $886

In accordance with Article 2.1.3 of Part A: Central Terms, effective

September 1, 2016

Co-ordinator $9,533

Consultant $6,334


Post Graduate $886

In accordance with Article 2.1.4 of Part A: Central Terms, effective the 98th

day of the 2016-2017 school year

Co-ordinator $9,581

Consultant $6,366


Post Graduate $886

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5.041 Teacher-in-Charge

a) A Teacher-in-Charge shall be paid an allowance of $312 (September 1, 2014

and September 1, 2015). As per Article 2.1.3 & 2.1.4 of Part A: Central

Terms, effective September 1, 2016 the allowance shall be $315. And

effective the 98th day of the 2016-2017 School Year, the allowance shall be

$317.

b) A Teacher-in-Charge is a Teacher appointed by the Director of Education, on

the recommendation of the Principal, to be the Principal’s designate to carry out

administrative duties when the school’s administration is required to be absent

from the school. The Teacher-in-Charge is responsible only for responding to

emergency situations. Where a school’s enrolment exceeds 1500 students, the

Teacher-in-Charge can be assigned when only one Administrator is on site.

c) A Teacher-in-Charge shall not discipline or evaluate other Teachers.

d) It is understood that:

(i) the appointment of the Teacher-in-Charge is for one year.

(ii) no on-calls will be generated as a result of the utilization of a Teacher-in-

Charge.

(iii) the time spent by a Teacher-in-Charge performing such duties is not part

of the Teacher’s 825 minutes of supervision/on-call time per semester.

(iv) the Teacher-in-Charge will not be called upon more than on two (2)

consecutive days.

(v) a list of all Teacher(s)-in-Charge will be provided to the Unit on an

annual basis, no later than October 15th.

e) The position of Teacher-in-Charge is a voluntary position.

f) In accordance with legislation, a Principal of a school may delegate limited

authority to a Teacher assigned to the school to carry out the requirements

outlined under the Act as and set out herein. This delegation shall first be

assigned to the Teacher-in-Charge wherever possible.

g) A Principal shall delegate limited authority only when both the Principal and

Vice-Principal(s) are absent from the school during the school day or as

outlined in Article 5.041 (b).

h) The Board assumes all liability associated with the delegation of limited

authority.

i) The Board shall not formally appraise/evaluate any Teacher for any matters

that may arise in performance of the role of Teacher-in-Charge and/or the

implementation of delegated limited authority.

j) In the case(s) of scheduled absences of the school Principal and Vice-Principal

during the school day, the Teacher-in-Charge or any other Teacher delegated

limited authority shall be notified in writing not later than the school day

prior to the delegation of limited authority, notwithstanding extenuating

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circumstances. The Teacher-in-Charge shall be provided with contact

numbers for Principals/Vice-Principals/Superintendents when called upon to

act in any administrative capacity.

k) The Board shall provide a copy of all written delegation notices to the

President of the Dufferin-Peel Secondary Unit by the end of each school year.

l) The Teacher-in-Charge or any other Teacher shall be delegated limited

authority in accordance with legislation, including those incidences that occur

during the school day that must be considered for student suspension and

expulsion.

m) A Teacher who has been delegated limited authority by a Principal retains

all rights and professional obligations under the Collective Agreement and

relevant legislation, including but not limited to, the Education Act, the

Ontario College of Teachers Act, the Occupational Health and Safety Act, and

the Ontario Labour Relations Act.

n) The Teacher-in-Charge or any other Teacher delegated limited authority

shall contact the Principal, Vice-Principal, or Family Superintendent in

situations where the police and/or emergency services have been called to the

school.

o) By September 30th of each school year any Teacher(s) who may be delegated

limited authority shall receive appropriate training during a Professional

Development Day in the fall term wherein duties, responsibilities and

expectations will be conveyed.

p) The Board will review the program for such training annually and provide an

opportunity for input from the Dufferin-Peel Secondary Unit.

q) In the event that a Teacher-in-Charge or any other Teacher delegated limited

authority is unsure as to whether or not to call the parent(s)/guardian(s) of a

student, the Teacher-in-Charge or any other Teacher delegated limited

authority shall contact the Principal, Vice-Principal and/or Family

Superintendent for direction.

5.050 A Teacher in full-time employment with this Board assigned responsibility as a

Consultant on a part-time basis shall receive a portion of the responsibility

allowance for a consultant calculated as follows:

Percentage of time Responsibility

worked as a X allowance for a

consultant consultant

5.051 a) A Teacher appointed or transferred by the Director to a position of responsibility

in an acting capacity shall receive the responsibility allowance (or pro-rated share

thereof reflecting the term of the assignment) and any release time or perquisites

(or pro-rated share thereof) assigned to the position.

b) A Teacher who has been assigned to a position of responsibility in an acting

capacity pursuant to subsection 5.051 (a) shall, on completion of that assignment,

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subject to the in-school surplus and redundancy provisions of this Agreement,

return to the position he/she held prior to such assignment.

5.060 Teachers holding post-graduate degrees shall be paid an allowance of $811 (Sept.

1, 2008); $835 (Sept. 1, 2009); $860 (Sept. 1, 2010); $886 (Sept. 1, 2011) for each

post-graduate degree provided the degree or any part thereof is not used in the

Teacher’s QECO 5 rating.

5.070 Special Education, Instrumental Music, English as a Second Language and French

as a Second Language

A Teacher presently being paid a special allowance in the above noted areas as per

the collective agreement of September 1, 1978 to August 31, 1979, will continue

to receive this allowance only if the Teacher remains teaching without interruption

in the Teacher’s special area. A new or presently employed Teacher who enters

teaching in one of those specialized areas will not be paid a special allowance.

5.080 Teachers on permanent supply (Supernumeraries) shall be paid their salaries

according to their level and experience.

5.090 Where Teachers are required to travel in the performance of their duties, they shall

be reimbursed at the Ministry of Education Base Rate for Southern Ontario.

5.093 If the Board establishes a position of responsibility not covered by this Agreement,

the Dufferin-Peel Secondary Unit shall be notified in writing within five (5) days

of the filling thereof of the allowance and release time, if any, established for such

position; and the Board shall negotiate promptly such allowance and release time

with the Dufferin-Peel Secondary Unit. Any change in the allowance agreed to by

the parties as a result of such negotiations shall be retroactive to the date of the

filling of such position of responsibility.

ARTICLE 6 – BENEFITS

6.010 Board Contribution to Benefit Plans

a) Subject to, and in accordance with the terms and conditions set out in each plan,

the Board shall assume the undernoted contributions to the Plans, based upon full-

time employment of employees eligible to enroll in such Plans.

Unless otherwise directed by the Teacher, the Board shall enroll the Teacher in

single benefit coverage. Basic Life insurance is mandatory.

b) The agreement to pay the cost of a group benefit plan in whole or in part, shall not

be construed as an intention or obligation on the part of the Board to pay or provide

the benefits under any such group to any Teacher should any insurer fail or refuse

to pay or provide same, in whole or in part.

c) Subject to, and in accordance with the terms and conditions set out in each Plan,

part-time Teachers shall be eligible for the benefits as described in clauses 6.012,

6.013, 6.014, 6.015, 6.016.

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d) If a part-time Teacher is eligible and elects to participate in a Plan or Plans, the

Board will assume a portion of the undernoted percentage premium cost(s), such

portion to be determined as follows:

Percentage of Board share of

time worked by X premium cost for

part-time Teacher a full-time Teacher

The remainder of the premium cost shall be paid by the part-time Teacher.

e) The Board shall contribute the percentage of premium costs for full-time

employees as hereinafter set out.

6.011 Effective September 1, 2010, savings generated by moving to twenty-six (26) pay

periods in the 2009/10 year from 22 pay periods in 2008/09 will be calculated for

the Dufferin-Peel Secondary Unit. A fifty percent (50%) share of the saving,

which is a current estimate of $40,000.00, will be allocated to the Dufferin-Peel

Secondary Unit for use towards temporary benefit enhancements in the 2010/11

year, exclusive of any other benefits.

Any unused portion of the benefit enhancement in the year will be carried over to

the next school year and applied to the same benefit enhancement. Likewise, any

deficit will be carried over to the following year and will be deducted from the

following year’s temporary benefit enhancements.

The savings generated from 26 pay periods will be calculated for each subsequent

year within the term of this agreement, September 1, 2008 to August 31, 2012, for

purposes of calculating the fifty percent (50%) share. Each year’s amount is

independent of prior years.

The following items that are ear-marked are:

(i) Hearing aids ($2,000.00 every five years)

(ii) Board funded E.H.C. ($10.00 and $20.00 deductibles)

6.012 Life Insurance

$10,000 basic Life Insurance coverage will be provided……100% of required

premiums. Additional optional coverage at 3 x annual salary….0% of required

premiums.

6.013 Semi-private hospital coverage……..100% of required premiums

6.014 Major Medical Plan with extension to cover: vision care $200 every 24 months

for adults and $150 every 12 months for dependent children, hearing aids $500

(until August 31, 2010); $2,000 (as of September 1, 2010) every five (5) years,

chiropractic coverage maximum $225 (until December 31, 2008); $275 (as of

January 1, 2009) per person and Health Care Outside Canada, Deductible $10

single, $20 family……90% of required premiums.

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6.015 Dental Plan II based on current year O.D.A. Fee Guide including, maximum

orthodontic $3,000, maximum individual dental $2,000, including 9-month recall

examinations……….90% of required premiums

6.016 Long Term Disability Benefits become effective after seventy-five (75) working

days of continuous disability………100% of required premiums.

6.017 The Employer reserves the right to change employee benefit insurers or carriers at

any time, providing that the benefits are equal or better, with notification to the

Executive of the Dufferin-Peel Secondary Unit.

6.018 All new or changed coverage of benefits negotiated into this Agreement, unless

otherwise specified, will take effect the first day of the month following

ratification. Any increases in premiums that occur during the period of this

Agreement will be recognized as a cost in negotiating the subsequent Collective

Agreement.

6.020 Any E.I. rebates to which Teachers are entitled shall be paid over to the Treasurer

of the Dufferin-Peel Secondary Unit. The Dufferin-Peel Secondary Unit agrees to

indemnify and save harmless the Board from any and all consequences of paying

the E.I. rebates.

6.021 For the purposes of eligibility for benefits coverage under Article 6.013, 6.014 and

6.015, an employee’s “family” shall also include any unmarried children in

regular, full-time attendance at a bona fide educational institution, who are

dependent upon the employee for support and who are under the age of twenty-

five (25).

Any mentally or physically handicapped child who was insured up to the

maximum age shall remain insured beyond such age provided the child qualifies,

and upon reaching the maximum age and thereafter, is incapable of self-sustaining

employment and totally relies upon the employee for support and maintenance.

6.022 The Board shall make available through its insurers optional life insurance

coverage for dependent spouses and dependent children (including children who

would qualify under Article 6.021) of teaching employees. The following

conditions shall apply to such insurance:

(i) Such insurance shall be available in units of $10,000 up to a maximum of

ten (10) units for dependents.

(ii) The Teacher shall pay for cost of such insurance and shall pay the yearly

premium either in full at the time of applying for such insurance or by means

of bi-weekly payroll deduction.

ARTICLE 7 – LEAVE PLANS

7.013 Sick leave information shall be maintained in the Employee Portal which can

be printed by the employee.

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7.016 For the purpose of calculating retirement gratuity in 7.020 the total number of

cumulated sick days shall not exceed two hundred (200) days.

7.017 Teachers who are absent from work shall report the absence to the absence

reporting system. In order to ensure Occasional Teacher coverage and to

reduce the number of late on-calls, Teachers shall endeavour to report the

absence as soon as possible. It is recognized that providing at least sixty (60)

minutes notice prior to the official school start time would facilitate school

operations in the morning. In some circumstances, the absence may be

reported by school administration or designate in cases where the Teacher is

unable to report the absence, or in cases where the Teacher agrees to have the

absence reported by administration.

7.018 It is understood that whenever substantial changes to the reporting procedure, as

referred to in Article 7.017, are contemplated, the Dufferin-Peel Secondary Unit

will be consulted.

7.019 a) In accordance with Article 16.1 of Part A: Central Terms, a Teacher shall be

granted up to five (5) days leave without loss of pay in a school year for the

following purposes:

Religious Holiday

Weather Conditions

Graduation

Moving

Writing Exams (1 day per occurrence)

Family Illness (2 days per occurrence)

b) (i) A Teacher shall be granted a leave of absence up to a maximum of five (5)

days by reason of a death in the Teacher’s immediate family. “Immediate

family” is defined as a spouse, parent, parent-in-law, child, grandchild,

brother, sister, ward or former legal guardian.

(ii) A Teacher shall be granted leave of absence up to a maximum of two (2)

days by reason of a death in the Teacher’s family to attend the funeral. This

will be in the case of the death of an uncle, aunt, grandparent, brother-in-

law, son-in-law, daughter-in-law, sister-in-law, niece or nephew.

7.020 Retirement Gratuity

Teachers commencing employment after December 1979, will not be eligible for

Retirement Gratuity.

A Teacher, after ten (10) or more years of continuous service with the Board is

entitled to a Retirement Gratuity when retiring for age or for physical or mental

incapacity or upon death while in the employ of the Board under the same terms

as would make such employee eligible for pension or disability allowance under

the Teachers’ Pension Act.

7.021 The Retirement Gratuity shall be calculated according to the following formula but

shall not exceed 50% of the Teacher’s salary rate at retirement or death;

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Retirement Gratuity = (10% x A x B ) + (C x B)

200

A = Cumulative Sick Leave at pension or death

B = Average salary of the best three (3) years of service with this

Board

C = 2% for each additional year beyond ten (10) years of service

with this Board

The gratuity is available either in a lump sum or in not more than six (6) monthly

payments.

7.022 Retirement Gratuity – Commuted Value Option

Effective September 1, 2001, a Teacher who chooses to exercise the commuted

value option of her/his Ontario Teachers’ Pension Plan benefits, shall be entitled

to receive a retirement gratuity in accordance with Article 7.020 above so long as

the Teacher retires from her/his permanent teaching position with the Board no

sooner than one (1) month prior to qualifying for pension benefits under the

Ontario Teachers’ Pension Plan.

7.040 Required Absences

A Teacher who is required to be absent because of jury duty, subpoena or

quarantine shall not be subject to loss of pay or deduction from sick leave credits.

7.041 A Teacher who is on jury duty shall tender all monies received from the courts to

the Board less such amounts as are intended for mileage and other stated expenses,

in order to qualify for payment as set out herein.

7.050 a) At the request of the Dufferin-Peel Secondary Unit, the Board shall grant leaves of

absence with pay and benefits for up to three (3) Teachers to be used by the

President, First Vice-President and/or other officer of the Dufferin-Peel Secondary

Unit for the duration of their respective terms of office, provided the Dufferin-Peel

Secondary Unit reimburses the Board for the salary and benefits of the Teachers

involved. The salary of the President of the Dufferin-Peel Secondary Unit shall be

based on the amount prescribed in the Dufferin-Peel Secondary Unit by-laws.

b) The leave shall commence at either the beginning of classes following summer

vacation or semester break, or at a mutually agreed upon time, and shall also

end at one of those times.

c) Such requests for leave of absence shall be presented to the Director of Education

in writing and shall be made before May 31st. In extenuating circumstances a

request for leave of absence may be made after May 31st so long as it is made at

least sixty (60) days before the leave is to commence. If any leave is to be less

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than full time, then the Teacher in question will be granted half-time leave on the

following basis:

(i) full day, alternate school days; or

(ii) half day, every school day; or

(iii) an alternate plan mutually agreed upon by the Director of Education and the

Dufferin-Peel Secondary Unit.

d) Seniority, and the accumulation of experience shall continue during the leave.

7.052 Upon request of the Dufferin-Peel Secondary Unit to the Director of Education, a

Teacher shall be released from his/her duties to perform official

Association/Federation business without loss of pay or sick leave credits or

benefits, provided that the Dufferin-Peel Secondary Unit reimburses the Board for

the cost of a supply Teacher at the daily rate. Should no replacement be available

no charge shall apply to the Dufferin-Peel Secondary Unit. Such leaves shall not

exceed two (2) consecutive school days unless mutually agreeable to the Director

of Education and the Dufferin-Peel Secondary Unit. Upon receipt of an invoice

from the Board, the Association will remit within twenty (20) working days, the

full amount due.

7.053 Any Teacher elected to a position on the Provincial Executive of OECTA or the

Ontario Teachers’ Federation (OTF) or to the OTF Board of Governors shall be

granted the leave necessary to fulfill his/her duties. The Board shall be reimbursed

for this leave by the appropriate body. Seniority, and the accumulation of

experience shall continue during the leave.

7.060 Pregnancy and Parental Leave will be in accordance with the Employment

Standards Act

7.061 a) A Teacher who has completed one (1) year of employment with this Board at the

time of commencing pregnancy leave shall be entitled to an extended leave of up

to two (2) years (inclusive of any pregnancy leave and parental leave taken under

the Employment Standards Act), provided that such leave must terminate within

the two (2) years’ period on the day immediately preceding either the first school

day of the school year, the first school day of the second semester, or (in the case

of a non-semestered school) the first school day following the Christmas break.

b) A Teacher who takes pregnancy and/or parental leave in accordance with the

Employment Standards Act or a Teacher who is granted an extended leave under

section 7.061 (a) shall, subject to the in-school surplus and redundancy provisions

of this Agreement, return to the same school.

c) Effective September 1, 2005 a Teacher who is granted an extended leave under

section 7.061 (a) is required to submit a notice of return to the Superintendent of

Human Resources & Employee Relations by February 15 (for return on the first

school day of the school year) and October 1st (for return on the first school day of

the second semester). Where the notice of return is not received, the extended

leave will expire as per the timelines of the leave.

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Teachers who wish a leave of absence beyond their entitlement in 7.061 (a) are

required to apply as per 7.068 (a) and (b).

7.062 A Teacher, who adopts a child and who has successfully completed one (1) year of

employment with this Board at the time the child comes into the custody, care and

control of the Teacher for the first time, shall be entitled to an extended leave under

the same terms and conditions as outlined for an extended leave in section 7.061

above.

7.063 During the period of pregnancy leave or parental leave taken in accordance with

the Employment Standards Act, the Board shall, as required by section 51 of that

Act, continue to assume its share of benefit premiums in accordance with the

percentages set out in Article 6 of this Agreement.

7.064 Time granted for pregnancy leave and/or parental leave under the Employment

Standards Act shall be credited towards teaching experience to a maximum of

fifty-two (52) weeks.

7.065 The Board shall grant a Teacher a paternity leave of four (4) days with full salary

and benefits. Such leave must be taken within the period of seventeen (17) weeks

following the birth of the child or, in the case of adoption, the time when the child

comes into the custody, care and control of the Teacher and his spouse for the first

time.

7.067 Any Teacher who proposes to become a candidate in a provincial or federal

election may apply in writing to the Director of Education or his designate for leave

of absence without pay for a period,

a) not longer than that commencing on the day on which the writ for the

election is issued and ending on polling day; and

b) not shorter than that commencing on the day provided by statute for the

nomination of candidates and ending on polling day.

Where a Teacher has been granted leave of absence under this Article and is not

elected, the Board agrees to return the Teacher to the same school and class, or

position, which he/she held at the beginning of the leave.

7.068 a) Upon request, a Teacher who has successfully completed his/her probationary

period shall be granted a leave of absence without pay for up to two (2) full school

years, or one (1) semester, for personal reasons such as study, and/or travel, or the

care of a family member.

b) Applications must be made in writing to the Superintendent of Human Resources

& Employee Relations and must be received not later than March 1 of the school

year immediately prior to the school year in which the leave is to commence (or

October 1 for a leave in the second semester).

c) The Teacher shall have the option of assuming the full costs of the benefit

premiums as outlined in Article 6 of this Collective Agreement except for the Long

Term Disability coverage as set out in Article 6.016.

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d) Teachers who wish to extend their leave of absence shall do so in writing no later

than three (3) calendar working months prior to the end of the leave.

7.069 It is understood that, upon completion of a leave taken under Article 7.050 or 7.068,

the Board shall return a Teacher to the same school and position, subject to the in-

school surplus and redundancy provisions of this Agreement.

ARTICLE 8 – NO STRIKE-NO LOCKOUT

8.010 There shall be no strike or lockout during the term of this Agreement or of any

renewal of this Agreement. The terms “Strike” and “Lockout” shall be as defined in the Ontario

Labour Relations Act, 1995.

8.020 The parties will meet to clarify Teacher responsibilities during a strike of

another employee group.

ARTICLE 9 – GRIEVANCE PROCEDURE

9.010 The purpose of this Article is to establish a procedure for the settlement of

grievances.

9.011 The time limits in this Article and Article 10 are mandatory, except as set out in

sub-section 9.018.

9.012 Within Article 9, Grievance Procedures and Article 10, Arbitration, a “working

day” shall be defined as a school day. The steps of the grievance procedure may continue

through the summer months upon the mutual agreement of both parties.

9.013 Within the terms of this Agreement, a “grievance” shall be defined as a difference

as to the interpretation, application, administration or alleged violation of this Agreement.

9.014 A grievance to be acceptable under this Agreement, if it proceeds to Step 2, must

be in writing and must specify the Article or Articles allegedly violated, must contain a precise

statement of the facts relied upon, must indicate the relief sought, and must be signed by an

authorized representative of the Association.

9.015 Grievances shall be settled in the following manner:

a) Where possible and/or applicable, the parties at the local level agree to discuss

and/or attempt resolution to the matter prior to initiating the grievance procedure below.

b) Step 1

(i) A grievance arising under this Agreement shall be submitted by the

Association in writing to the Superintendent of Human Resources &

Employee Relations, or the Superintendent’s designate.

(ii) The grievance must be submitted within fifteen (15) working days after the

Teacher first became aware of, or would reasonably be expected to become

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aware of, the circumstances giving rise to the grievance. A grievance must

be submitted during the life of this Agreement, except where fifteen (15)

days from the circumstance giving rise to the grievance have not elapsed

prior to the expiration of the Agreement. Under no circumstances will such

a grievance be submitted fifteen (15) days beyond the life of the previous

Collective Agreement.

(iii) The Superintendent of Human Resources & Employee Relations or the

Superintendent’s designate, shall meet with the Association within fifteen

(15) working days to discuss the grievance. The Superintendent of Human

Resources & Employee Relations or designate shall reply in writing

within five (5) working days after the grievance meeting.

(iv) The grievor may accompany a Release Officer of the Dufferin-Peel

Secondary Unit or designate, as determined by the Dufferin-Peel

Secondary Unit.

c) Step 2 (i) If the Association is not satisfied with the reply at Step 1, or if no reply is

received within the time for reply set out in Step 1, the Association, may,

through the Unit, within five (5) working days after the reply at Step 1 has

been or should have been given, refer the grievance to an Associate Director,

or designate Superintendent appointed by the Chairperson of the Board.

(ii) The Associate Director, or designate Superintendent, shall meet with the

Association within fifteen (15) working days after the submission to discuss

the grievance. The Associate Director or designate shall reply in writing

within five (5) working days after the grievance meeting.

(iii) If the Association is not satisfied with the reply at Step 2 or if no reply is

received within the time for reply set out in Step 2, pursuant to Article 10

hereof, provided such action is taken within ten (10) working days of the

reply at Step 2.

d) By mutual consent of both parties, the grievance shall be referred directly to

arbitration pursuant to Article 10.

9.016 The Association may file a grievance affecting a Teacher or a group of Teachers.

The grievance shall be signed by the appropriate grievance officer of the Dufferin-

Peel Secondary Unit, and shall be processed at Step 2 of the grievance procedure

as outlined in Article 9.015. Upon agreement of the parties, such grievances may

be processed at Step 1.

9.017 The Board may process a grievance alleging a violation, of the Dufferin-Peel

Secondary Unit, its officers, a Teacher or a group of Teachers, by referring the

grievance in writing to the President of the Dufferin-Peel Secondary Unit. The

Dufferin-Peel Secondary Unit, shall reply in writing within ten (10) working days

following receipt of the grievance. If the Board is not satisfied with the reply of

the Dufferin-Peel Secondary Unit, the grievance may be referred to arbitration

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pursuant to Article 10 hereof, provided such action is taken within ten (10) working

days of receipt of the Dufferin-Peel Secondary Unit’s reply thereto.

9.018 The time limits specified in this Article and Article 10 may be amended by written,

mutual agreement.

9.019 It is understood and agreed that, where a grievance is resolved at Step 1, the

settlement of the grievance shall be deemed to be made without prejudice and,

without restricting the generality of the foregoing, it shall not be considered to be

a precedent binding on the Board in any future proceedings before any arbitrator,

court or tribunal nor shall such settlement be used as evidence of past practice in

any proceedings.

9.020 Grievance-Mediation

a) The mediation of a grievance (grievance-mediation) is an option that may be

initiated at any time during the grievance process by mutual agreement of the

parties.

b) Grievance timelines shall be suspended during the grievance -mediation process.

c) The grievance-mediation process is without prejudice and any resulting

resolution(s) is binding on both parties.

d) A mediator shall be chosen by mutual agreement of the parties. All costs associated

with this process will be shared equally between both parties.

e) The initial mediation session shall ensure that both parties are familiar with the

grievance-mediation process to be used.

f) This process shall be initiated or terminated by either party at any time with written

notice.

g) The termination of the grievance-mediation process shall result in the resumption

of the grievance timeline from the point of initial suspension as per b) above.

h) The parties may agree to bring more than one (1) grievance to the same

mediator at the same time.

ARTICLE 10 – ARBITRATION

10.010 When a difference arises between the Parties relating to the interpretation,

application, administration or alleged violation of this Agreement, including a

question as to whether a matter is arbitral, either party may, once the grievance

procedure under Article 9 hereof has been completed, notify the other Party in

writing of its desire to submit the difference or allegation to arbitration within ten

(10) working days from the date of receipt of the final reply under Article 9 hereof

and the failure to do so means that the grievance is deemed to be withdrawn.

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10.012 The Board and the Association agree that grievances shall be arbitrated by a single

arbitrator, and the selection of a single arbitrator shall be by mutual agreement.

10.013 The Arbitrator shall hear and determine the difference or allegation and shall issue

a decision, and that decision shall be final and binding upon the Parties and upon

any Teacher affected by it.

10.015 The powers of the Arbitrator shall be the powers set out in the Ontario Labour

Relations Act, 1995.

10.016 No person may be appointed as an arbitrator who has been involved in an attempt

to settle the grievance.

10.017 The parties shall jointly share the fees and expenses of the Arbitrator.

10.018 The Arbitrator shall not be authorized to make any decision inconsistent with any

Act or Regulation thereunder or the provisions of this Agreement, nor to alter,

modify or amend, add to or delete from any part of this Agreement.

10.019 At any time before or after the Arbitrator has been selected, but prior to the

hearing of the grievance, the parties may settle the grievance and withdraw the

grievance from arbitration.

10.020 Notwithstanding the procedure above, either party may request access to expedited

arbitration under Section 49 of the Ontario Labour Relations Act, 1995.

ARTICLE 11 – WORKPLACE SAFETY AND INSURANCE BENEFITS

11.010 When a Teacher is eligible for and entitled to receive workplace safety and

insurance benefits, the Teacher shall cause the benefit payments to be remitted to

the Board and the Teacher shall continue to receive full pay for the duration of the

benefit entitlement and so long as the Teacher continues to have sick leave credits.

The difference between the Teacher’s normal salary and the benefits shall be

deducted from the Teacher’s sick leave credits, on a pro rata basis.

ARTICLE 12 – DEFERRED SALARY LEAVE

12.030 (1) DEFERRED SALARY LEAVE PLAN

a) DESCRIPTION:

The Deferred Salary Leave Plan has been developed to afford secondary Teachers

the opportunity of taking a one (1) school year or a one (1) semester leave of

absence, and through deferral of salary, to finance the leave. This plan will allow

Teachers time for rejuvenation and/or personal development.

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b) REGULATION:

The Board will grant leaves of absence to Teachers on the basis of spreading:

For leaves of one year:

five years' salary over six years ("5/6 plan"), or

four years' salary over five years ("4/5 plan"), or

three years' salary over four years ("3/4 plan") or

two years' salary over three years ("2/3 plan").

For leaves of one semester:

four semesters' salary over five semesters ("2 over 2 1/2 plan"), or

five semesters' salary over six semesters ("2 1/2 over 3 plan"), or

six semesters' salary over seven semesters ("3 over 3 1/2 plan"), or

seven semesters' salary over eight semesters ("3 1/2 over 4 plan"), or

eight semesters' salary over nine semesters ("4 over 4 1/2 plan"), or

nine semesters' salary over ten semesters ("4 1/2 over 5 plan"), or

ten semesters' salary over eleven semesters ("5 over 5 1/2 plan"), or

eleven semesters' salary over twelve semesters ("5 1/2 over 6 plan").

(i) A Teacher shall not be permitted to transfer between plans, and the leave of

absence shall commence on September 1 of the:

sixth (6th) year (in the case of the "5/6 plan"), or

fifth (5th) year (in the case of the "4/5 plan"), or

fourth (4th) year (in the case of the "3/4 plan"), or

third (3rd) year (in the case of the "2/3 plan"), or

fifth (5th) semester (in the case of the "2 over 2 1/2 plan"), or

seventh (7th) semester (in the case of the "3 over 3 1/2 plan"), or

ninth (9th) semester (in the case of the "4 over 4 1/2 plan"), or

eleventh (11th) semester (in the case of the "5 over 5 1/2 plan"),

from the commencement of the Teacher's participation in the plan.

(ii) The leaves shall begin on the first day of the second semester (as defined by

the Modified School Year Calendar) of the:

sixth (6th) semester (in the case of the "2 1/2 over 3 plan"), or

eighth (8th) semester (in the case of the "3 1/2 over 4 plan"), or

tenth (10th) semester (in the case of the "4 1/2 over 5 plan"), or

twelfth (12th) semester (in the case of the "5 1/2 over 6 plan")

from the commencement of the Teacher's participation in the plan.

c) ELIGIBILITY:

To be eligible to apply to participate in the plan, the Teacher must have a

minimum of three (3) consecutive years of service with the Board. The number

of Teachers eligible to enter into the plan in any one (1) year shall not exceed two

(2) percent of the total number of Teachers covered by this agreement, plus the

number of unused spaces from the previous school year. The aforementioned total

may be exceeded by mutual consent.

d) APPLICATION AND APPROVAL PROCESS:

Teachers will be provided the opportunity to attend an annual Deferred Salary

Leave Information meeting held prior to November 30. The purpose of this

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meeting will be to provide relevant information to members contemplating

enrolment in the Deferred Salary Plan.

(i) A Teacher wishing to participate in the plan must forward a written

application to the Superintendent of Human Resources & Employee

Relations no later than January 31 preceding the school year in which he/she

wishes to enter the plan. The Superintendent of Human Resources &

Employee Relations will forward the application with comments to the

Deferred Salary Leave Plan Advisory Committee.

(ii) The Advisory Committee will be composed of the Superintendent of Human

Resources & Employee Relations, (1) Family Superintendent, and two (2)

Dufferin-Peel Secondary Unit members.

(iii) The Advisory Committee will send all applications, its recommendations

and the reasons on to the Board through the Superintendent of Human

Resources & Employee Relations.

(iv) Written acceptance, or denial, of the Teacher's request with explanation, will

be forwarded by the Superintendent of Human Resources & Employee

Relations to the Teacher by May 1, in the school year the request was made.

(v) The Board's decision will be communicated to the Teacher, Principal

concerned, Family Superintendent and the Advisory Committee by the

Superintendent of Human Resources & Employee Relations.

(vi) If the Board approves of the request, both the Teacher and the Board will

sign a Memorandum of Agreement prior to the commencement of the

savings portion of the Plan.

(2) SALARY DEFERRAL, BENEFITS AND INTEREST

a) In the years or semesters preceding the year or semester leave, a Teacher will be

paid an appropriate portion of his/her grid salary and any applicable allowances as

per section 12.031. The remaining amount shall be retained by the Board to be

paid to the Teacher in the year or semester of the leave, in accordance with

paragraph 2 (d).

b) While a Teacher is enrolled in the plan and not on leave, the proportionate increase

in coverage for Long Term Disability and Life Insurance benefits shall be

maintained at 100% of salary at the Teacher's expense.

c) The portion of salary that is held back in the deferred salary leave plan shall be

placed in an account with a chartered Canadian bank (acting as agent). Throughout

the Teacher's participation in a deferred salary leave plan, the control of the

account shall be vested solely in the Board on behalf of the participant as herein

set out. While a Teacher is enrolled in a deferred salary leave plan, the Board shall,

on the following dates, pay to the Teacher the interest earned on his/her account:

(i) the last pay day in December as prescribed in the Teachers' Collective

Agreement; and

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(ii) the last pay day in December of each year occurring after the date specified

in (i) above.

d) Participants in the deferred salary leave plan shall elect before June 30th of the

year of their leave which commences September 1, the method of payment of

their deferred salary during the year of their leave according to the following

options:

(i) bi-weekly pay schedule according to Article 4.021 in the Teachers'

Collective Agreement, or

(ii) a lump sum of forty percent (40%) of their deferred salary on the first

scheduled pay day of the school year they begin their leave and a lump sum

of sixty percent (60%) on the first scheduled pay day of the new calendar

year of their leave, or

(iii) a lump sum of one hundred percent (100%) of their deferred salary on the

first scheduled pay day in which the leave begins.

Participants in the semestered leave plan shall elect for either option (i) or (iii)

above. For semestered leaves which commence in the second semester,

participants shall elect their choice by November 30th preceding their leave.

(e) Any interest that is earned on a Teacher's account from January 1st of the calendar

year in which the leave commences shall be paid to him/her as follows:

(i) a Teacher who elected in accordance with paragraph 2 (d)(i) shall be paid

the interest earned for January 1 to December 31 of the calendar year on

December 31 of that calendar year, and any interest earned thereafter shall

be paid by the 15th of the month following the last bi-weekly payment;

(ii) a Teacher who elected in accordance with paragraph 2 (d)(ii) shall be paid

the interest earned for January 1 to December 31 of the calendar year on

December 31 of that calendar year, and any interest earned thereafter shall

be paid on the first scheduled pay day of the next calendar year; and

(iii) a Teacher who elected in accordance with paragraph 2 (d)(iii) shall be paid

the interest earned for January 1 to the first scheduled pay day of the school

year in which his/her leave commenced on that pay day.

f) Any special pay arrangement must be made by March 1st, of the year of the leave.

Any other arrangement must be mutually agreed to by the Teacher and the Board.

g) A Teacher, during the period of deferral, has no access to the deferred salary so

long as the Teacher remains in the plan.

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(3) SALARY, BENEFITS, YEAR OF LEAVE a) In the period of the leave, the Board shall pay to the Teacher the total money

deferred plus all unpaid interest less any administration costs assessed by the

chartered Canadian bank.

b) The Board shall deduct from this amount any monies required for Government

deductions.

c) Payment shall be made to the Teacher in accordance with paragraph 2 (d) and (f)

hereof.

d) The Teacher's benefits will be maintained by the Board during his/her leave of

absence, however, the premium costs of all benefits in the year of the leave shall

be paid by the Teacher.

e) No sick leave credits shall be accumulated while the Teacher is on leave. All

credits in the accumulated sick leave account at the start of the leave period shall

be retained and recorded to the Teacher's credit on return from the leave.

f) While on leave, any benefits tied to the salary level shall be structured according

to the salary received by the Teacher in accordance with paragraph 3 (a) hereof.

g) No other employment with the Board may be entered into while the Teacher is on

leave.

(4) RETURN FROM LEAVE a) Following the leave, the Teacher shall return to duty with the Board for a period

that is not less than the period of the leave of absence. The Teacher shall be

guaranteed an equivalent position to that which the Teacher held at the

commencement of the leave subject to any other provisions in the Teacher’s

Collective Agreement.

b) Upon return from leave, a Teacher shall, subject to the in-school surplus and

redundancy provisions of this Agreement, return to the same school.

(5) WITHDRAWAL FROM THE PLAN OR POSTPONEMENT OF LEAVE a) Withdrawal from the plan may be permitted by the Board in extenuating

circumstances such as financial hardship. Where withdrawal is permitted, the

Teacher will be entitled to the monies withheld plus unpaid interest, which monies

shall be paid as soon as possible but in any case within thirty (30) days of the

Board’s decision to permit withdrawal.

b) The administrative costs associated with processing the request and the payments

of the monies and interest shall be borne by the employee. The determined cost for

withdrawal from the plan has been set as $300.00 for any Teacher withdrawing

from the plan after July 31 of the year of enrolment.

c) In the event that a suitable replacement cannot be found for a Teacher who has

been granted a leave, the Board may defer the leave for up to one (1) year. In this

instance, the Teacher may choose to remain in the plan or receive payment as

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outlined in paragraph 3. If the Teacher chooses to remain in the plan, any monies

shall continue to earn interest until the leave of absence is taken.

d) A Teacher who has been granted a leave of absence under this plan may apply to

the Board by January 31st of the school year immediately preceding the September

1st on which the leave is to be commenced to have the leave of absence postponed

by one (1) year.

e) When there has been a postponement of the leave of absence for a period of one

(1) year, a Teacher will be paid his/her usual grid salary and any applicable

allowance during the year in which the leave was originally to have been taken and

the accumulated deferred salary during the year the leave of absence is actually

taken pursuant to paragraph 3) hereof.

f) A leave of absence may only be postponed for one (1) year.

(6) SENIORITY

A leave of absence under this plan will not be construed as a break in service but will not

count as teaching experience for calculation of retirement gratuity or for any other

purpose. The leave of absence shall be treated as service for seniority purposes

with the Board but shall not entitle the Teacher to an increment for the period of

the leave.

(7) ADDITIONAL TERMS AND CONDITIONS All terms and conditions of the Secondary Teachers’ Collective Agreement in

force at the time of each step in this Plan unless specified to the contrary, shall

prevail in the implementation of the agreement.

(8) TERMINATION OF EMPLOYMENT Should the Teacher’s employment with the Board terminate or be terminated, or

should the Teacher otherwise leave active employment with the Board while

participating in this plan, all monies deposited plus unpaid interest shall be

refunded to the Teacher. In the event of the Teacher’s death any amount of the

deferred remuneration that remains unpaid at the time of his/her death will be

brought into the Teacher’s income for the taxation year in which he/she dies

pursuant to sub-section 70 (2) of the Income Tax Act, although the payment will

actually be made to the Teacher’s estate.

(9) RULING FROM REVENUE CANADA

The amount of income tax to be deducted is dependent upon the Board receiving

a ruling to its satisfaction from Revenue Canada that the income deferral scheme

contemplated hereby is not unlawful and is acceptable to Revenue Canada and that

the amount of income tax to be deducted may be computed on the actual salary

paid to the Teacher.

12.031 Approximate Percentage of Deductions

16.7% in the case of the 5/6 plan, or

20% in the case of the 4/5 plan, or

25% in the case of the 3/4 plan, or

33 1/3% in the case of the 2/3 plan, or

20% in the case of the 2 over 2 1/2 plan, or

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16.7% in the case of the 2 1/2 over 3 plan, or

14.3% in the case of the 3 over 3 1/2 plan, or

12.5% in the case of the 3 1/2 over 4 plan, or

11.2% in the case of the 4 over 4 1/2 plan, or

10% in the case of the 4 1/2 over 5 plan, or

9% in the case of the 5 over 5 1/2 plan, or

8.4% in the case of the 5 1/2 over 6 plan.

ARTICLE 13 – WORKING CONDITIONS

13.012 The organization of a Secondary School may be by subject departments or other

organizational units as described by Regulation 298.

13.013 A It is the intent of the Board to allocate Department Heads to Secondary Schools

with a total enrolment of seven-hundred (700) or more according to the following

criteria:

a) a minimum appointment of eight (8) Department Heads for each such

Secondary School. Five (5) of the appointments shall be made from the

following areas: English, Mathematics, Science, and Religion/Theology

and Special Education. The remaining three (3) appointments shall be

made from the following subject areas: Alternative Education, The Arts,

Social Science and Humanities, Special Education, Guidance and Career

Education, Business Studies, Canadian and World Studies, Career Path,

Classical and International Languages, Student Success, Technological

Studies, Library, Cooperative Education, Health and Physical Education,

Music, Computer Studies, History, Geography, Family Studies, or English

as a Second Language (ESL); and,

b) additional Department Heads shall be appointed according to the following

menu:

Enrolment Additional Department Heads

1101 – 1400 1

1401 – 1600 2

1601 – 1800 3

1801 – 2000 4

2001 – 2200 5

2201+ 6

Such additional Department Heads shall be selected from the subject areas

enumerated in clause (a) above or such other subject areas as the Principal

might deem advisable.

13.013 B It is the intent of the Board to allocate Department Heads to Secondary Schools

with a total enrolment of five hundred (500) to six hundred and ninety-nine (699)

students according to the following criteria:

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a minimum appointment of seven (7) Department Heads for each such Secondary

School. Five (5) of the appointments shall be made in the following areas:

English, Mathematics, Science, Religion/Theology and Special Education. The

remaining two (2) appointments shall be made from the following subject areas:

Alternative Education, The Arts, Canadian and World Studies, Social Science

and Humanities, Special Education, Student Success, Guidance and Career

Education, Business Studies, Technological Studies, Library, Cooperative

Education, Health and Physical Education, Career Path, Classical and

International Languages, Music, Computer Studies, History, Geography, Family

Studies, or English as a Second Language (ESL).

13.013 D In the event that the allocation of department heads in a school is reduced based

on the Board approved staffing spreadsheet and in accordance with Article

13.013A, the process will be transparent.

The following criteria will be considered (in no particular order):

(i) student enrolment

(ii) projected student enrolment by department

(iii) number of sections (example: smallest department may be collapsed and the

sections distributed to one or more other current departments)

(iv) curriculum alignment

(v) program needs

(vi) attrition (resignations; retirements; transfers; etc.)

(vii) seniority in position as Department Head at current school

Once the area(s) of reduction have been identified, the following process

will occur:

(i) any resulting Headships will be initially available only to the

incumbent/impacted Department Heads

(ii) qualifications of the current Department Heads will be reviewed

appropriately

(iii) SAAC will be informed of the change in the number of Department Heads

(iv) the Principal (in consultation with the school Admin Team, and the Family

Superintendent) will recommend to the Board, the revised Department Head

allocation within the school.

(v) Any reduction of Department Heads shall normally be completed prior to the

posting referenced in Article 23.040.

13.013 E Department Heads

Effective September 1, 2016:

a) Department Heads shall be appointed to four (4) year terms.

b) At the completion of a four (4) year term, the Board shall post the position

exclusively to all secondary Teachers as per Article 23.130.

c) If the posting referenced in 13.013 E (b) would result in a surplus situation at

the school, the position will be posted internally at the school and a qualified

applicant will be selected. Should there be no qualified applicants, the position

will be posted as outlined in 13.013 E (b).

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d) To be eligible to apply, the Teacher applicant must have:

at least five (5) years of permanent teaching experience at the Secondary school level prior to assuming the position.

successfully completed, at the time of the posting Honours Specialist and/or Specialist qualifications in the posted discipline or in the case of a combined Department Headship, Honours Specialist and/or Specialist qualifications in at least one (1) of the posted disciplines.

e) All unsuccessful applicants shall be provided with an opportunity to receive

feedback from the Principal, for professional growth purposes.

f) Where possible, the successful applicant shall be assigned a minimum of three

(3) sections, with at least one (1) section scheduled in each semester, within

the ambit of the department.

g) Should an incumbent Department Head be within five (5) years of reaching

the 85 factor, as defined by the Ontario Teachers’ Pension Plan, the member

shall provide documentation to the Board confirming this and the incumbent

Department Head shall remain in his/her current department headship until

such time as he/she reaches the 85 factor. In doing so, the parties acknowledge

that no current Department Head shall have his/her pension adversely

affected as a result of this article.

h) Incumbents in the role of Department Head on September 1, 2016 who are

within the first five (5) years of his/her Department Headship, shall complete

a five year term before the position is eligible to be posted.

i) All incumbent Department Heads shall be notified, in writing, of the date at

which their current Department Headship shall be eligible for posting. Said

notification shall be copied to the DPSU at the same time the notification is

provided to the incumbent Department Heads.

j) The parties agree that Department Heads are subject to the same surplus

provisions, as identified in Articles 14.015 and 14.016, as other members of

the DPSU. For clarity, department heads are not protected from surplus

declarations.

13.014 Small School Staffing

a) Notwithstanding Articles 13.013 A, 13.013 B, and 13.050, it is understood that a

small school (i.e. with an enrolment of less than five hundred (500) F.T.E.

secondary students) may require a lower P.T.R. and fewer Department Heads than

a larger school.

b) The Director of Education has discretion with respect to the staffing of a small

school.

c) A joint Staffing Committee comprised of the appropriate Family Superintendent,

one (l) member of the Employee Relations Department, two (2) members of the

Dufferin-Peel Secondary Unit, and the Principal of the small school shall be

formed to make a recommendation to the Director of Education concerning the

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number of Teachers to be employed and the number of Department Heads to be

appointed each school year (excluding Principal and Vice-Principal, if any).

d) The Committee shall present its recommendation to the Director of Education no

later than February 15 each school year. If the Committee is unable to reach a

consensus for a recommendation, the Director subsequently shall meet with the

Committee.

13.016 All Department Heads in Secondary School shall be required to be fully qualified.

13.017 New Department Heads shall have the qualifications set out in Regulation 298,

section 14 except in the case of Acting Department Heads who shall have

qualifications as determined by the Board.

13.018 A Notwithstanding Article 13.018 F, no Teacher will be required to teach more than

a daily average of three (3) 80-minute periods in a semestered school (or equivalent

in the case of a non-semestered school).

13.018 B A Teacher shall be consulted prior to being assigned bi-level or multi-grade classes

in order that recognition of, and adjustments for, any additional workload

associated with such classes will be given, provided such consideration does not

violate any clause in the collective agreement.

13.018 C During the construction of Teachers’ timetables, it is the intent of the parties to

limit the number of class preparations assigned. For Teachers assigned to teach

half-credit courses, the number of such courses assigned to any Teacher shall not

exceed four (4) per semester. The number of half-credit courses assigned may

exceed four (4) per semester by mutual consent of the Teacher and Administrator.

The consultation between school administration and Teachers during the

timetabling process is limited to the consideration of:

(i) Teacher preferences

(ii) Teacher qualifications

(iii) levels of instruction

(iv) semester and/or school year

(v) programme

13.018 D a) After the first SAAC meeting, the SAAC will provide to staff an explanation

of the school’s timetabling process.

b) Teachers will complete a standardized Preference Request Form that shall consist

of:

(i) Teacher’s name

(ii) Teacher’s qualifications (as per OCT Certificate of Qualification)

(iii) Teacher’s course preferences

c) Through the co-ordination of the Department Head, a collegial and collaborative

process will be used to generate the department timetable proposal to the school

Principal.

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d) Except in extenuating circumstances, timetables will be issued prior to the end of

the school year.

e) The Principal shall explain to the Teacher any change in teaching assignment when

known.

13.018 E a) Guidance caseloads are distributed by section equally as per the guidance ratio in

Article 13.018 F (a).

b) Through the co-ordination of the Department Head for Academic Resource, a

collegial and collaborative process will be used to equitably distribute workload

associated with student caseloads among the allocated resource periods. This

recommended caseload distribution will be submitted through SAAC to the

Principal.

13.018 F a) (i) The guidance ratio will be 400 students per Teacher Guidance

Counsellor;

(ii) The number of library Teachers will be one (1) FTE per secondary

school;

b) The instructional time assigned will be in accordance with the Education Act, as

amended, and the regulations thereto.

c) The parties agree that the funds required to facilitate this intention must be

provided by the Provincial Funding Model as it relates to the specific Teacher

allocations for secondary Teachers.

d) For the purposes of staffing, calculations are based on a full blended enrolment

figure for the school year by taking the average of October 31st and March 31st

expected enrolment in secondary schools, in order to meet the class size

requirement of the Education Act.

e) The foregoing is contingent upon the availability of qualified Teachers required

to reduce the workload.

13.018 G When the Board considers the establishment of “e-learning” curriculum delivery

during the regular school day, the parties agree to form a joint implementation

committee to review and recommend proposed models such that workload and

staffing provisions are consistent with the Collective Agreement.

13.019 The Teacher charged with the responsibility for a subject area or organizational

unit shall have a maximum workload of one (1) class section less than a normal

schedule for the purposes of administration in that subject area or organizational

unit.

Effective September 1, 1999, the operation of Article 13.019 shall be suspended

until a new collective agreement is entered into between the parties.

13.020 A a) Full time Teachers shall be available for on call/supervision duties as follows:

825 minutes per semester with the following parameters:

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(i) No on calls shall be assigned on days with supervision duties

(ii) Supervision/on call minutes shall be assigned in consecutive single

blocks of time

(iii) Only one single block of supervision/on call can be assigned per day

(iv) No more than two on calls per calendar week except in extenuating,

unforeseeable circumstances where no other supervision is available, and in

such cases, shall not be assigned on 3 consecutive days

(v) Minutes are exclusive of homeroom and examination days

(vi) The school on call/supervision model shall be monitored by SAAC (re:

usage and best practices)

b) The Principal shall endeavour to equitably distribute necessary on call/supervision

duties referred to in 13.020 A (a).

13.020 B A Teacher’s timetable shall show those periods of time scheduled for “on call” and

lunch.

13.020 C Part-time Teachers shall be “on call” in accordance with Article 13.020 A on a

pro-rated basis.

13.020 D The intent of Articles 13.020A and 13.020C is to provide for the equitable

distribution of necessary supervision of all types. Nothing in these Articles is to

preclude the supervision of classes for which there is no alternate supervision

available.

13.021 Workload, Supervision/On Call

It is understood that there will be no differentiated staffing and that any

supervision required to meet the legislated workload will be applied as per

Article 13.020A. The parties agree that if legislation requires more

supervision/on call than provided in 13.020A, the Board will implement

whichever is greater.

13.030 i) Secondary Teachers shall be available to students in their classroom fifteen

minutes prior to the first scheduled class of the day. Such time shall not constitute

supervision/on-call or instructional time.

ii) Any assigned supervision duty during the times as outlined above, such as but not

limited to, bus duty, hall duty and/or yard duty, shall constitute supervision/on-call

time. All assignments shall be included within the totals identified in Article

13.020A (a).

13.040 Every Teacher shall receive a continuous and uninterrupted forty (40) minute lunch

exclusive of the allotted planning, preparation, and evaluation time.

13.041 In the event that Teachers not specifically hired to provide health support services

cannot, for any reason, assist in the provision of these services, they are neither

expected, nor required to do so.

The Board shall carry adequate liability insurance to protect Teachers in the event

that legal action arises from the provision of these services.

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13.042 a) It is the intent of the parties that the Teacher Performance Appraisal provides

individuals involved with opportunities to facilitate, assist and promote their

professional growth.

It is recognized that in all Teacher Performance Appraisals the prime purpose is

the professional growth of all staff involved – the Administrator and the Teacher.

The focus of the Teacher Performance Appraisal shall be activities during the

school day/year. The Education Act provides for the positive acknowledgement

of participation in voluntary activities.

The process relies upon the full participation of all individuals in the Teacher

Performance Appraisal.

b) Teacher Performance Appraisal shall be implemented as per the applicable

legislation/regulation(s) and applicable Ministry support materials, including but

not limited to Teacher Performance Appraisal Technical Requirements

Manual 2010.

d) The Teachers participating in Teacher Performance Appraisal shall be provided

with the information related to the process, including reference to Article 13.042

prior to the initiation of the Teacher Performance Appraisal.

e) The Board shall provide by the second Friday of October to the Unit President a

list of Teachers on the Teacher Performance Appraisal cycle for the school year.

f) The Board shall provide to the Unit President the name of any Teacher receiving

an unsatisfactory rating within five working days of its disclosure to the Teacher.

g) The Board shall endeavour to implement timelines in the Teacher Performance

Appraisal for Teachers returning from leave and for Teachers placed ‘on-review’

to a maximum allowable limit.

h) The Teacher Performance Appraisal documents shall not be considered for

transfer, compensation or promotion to a position of responsibility defined within

this agreement. All of these documents shall be submitted to the Teacher’s

personnel file at the completion of the school year. Access to the Teacher’s

personnel file will be provided to the Teacher, Supervisory Officers and the

Director of Education.

j) With respect to the Teacher Performance Appraisal, consistent expectations within

a school shall be applied.

k) There shall be administrative feedback for all classroom visits related to the

Teacher Performance Appraisal.

l) All “look-fors” shall be eligible for inclusion during the appraisal process.

Administrators shall apply the “look-fors” (as in (b) above) in a non-prejudicial

manner.

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m) Any materials requested of the Teacher during the pre-observation meeting by an

Administrator will be reflected in the post-observation meeting.

n) The Summative Report shall be submitted to the Teacher in accordance with

applicable legislation and no later than two weeks prior to the end of the school

year.

13.043 New Teacher Induction Program-Mentoring

a) Mentor declaration of Interest

(i) Mentors are identified by school

(ii) Any level of Mentor participation is voluntary

(iii) Mentors self-identify and will be eligible for selection by a Mentee

(iv) Mentors complete a standard Board form with copies returned to the

Principal

(v) A Board-wide Mentoring-form will be used to identify/survey the level of

an individuals Mentoring involvement.

(vi) The list of Mentors is to be posted electronically within the school to all

Mentees. The List should also include specialty areas of the Mentors

(English etc.)

(vii) The List of Mentors is to be compiled and posted no later than Sept. 30.

b) Mentor Selection

(i) Mentees are to select a Mentor from List

(ii) Mentee notifies the Principal

(iii) The List of Mentor-Mentee pairings is to be made available in the schools

for the OECTA Rep.

(iv) At the end of this process the Principal must ensure that all Mentees have

been matched with a Mentor (depending on availability – it may not

necessarily be from the same school and it may be a shared Mentor)

(v) The initial list of Mentor/Mentee pairings is to be made available to all

parties by October 15 by the Principal

c) Mentor Training

(i) All formally designated Mentor training will occur during the school day

(ii) Supply coverage will be provided

(iii) All active/formally designated Mentors will receive training

(iv) The DPSU to receive communication regarding the training

d) Mentor and Mentee Relationship: Roles and Responsibilities

(i) The Mentee directs their own Mentoring program – including all

recordkeeping

(ii) The Mentor is an additional professional resource

(iii) The Board will provide support and resources to foster positive Mentoring

relationships

(iv) Mentor communication is exclusively with the Mentee

(v) The Mentee – Principal relationship (as per the Mentoring program) is non-

evaluative and separate from T.P.A.

(vi) The Mentee – Mentor relationship is non-evaluative

e) Release Time

(i) Expenditures for release time will be maximized

(ii) Other government funded opportunities will be maximized

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(iii) A pool of release days will be provided at the school level to be used by both

Mentee and Mentor

(iv) Supply coverage will be provided

f) Relationship to TPA for both Mentor and Mentee

(i) Mentoring is separate from TPA

g) Role of Department Head

(i) A Department Head is not compelled to be a Mentor

(ii) Department Heads will continue to provide supports they have always

provided.

h) Exit Procedures

(i) Any dissolutions of a Mentoring relationship will be without prejudice to

either party.

N.B. The parties acknowledge that the implementation of these

recommendations must be in keeping with all current and/or future Ministry

directives.

13.050 A For clarity, it is understood that the number of Teachers required to meet the

staffing ratios is inclusive of all credit delivery Teachers.

13.050 B A secondary school’s Average Daily Enrolment in “Dual Credit” courses shall be

included in the calculation of the number of secondary teaching positions required

in the Board pursuant to this collective agreement and/or any class size regulation.

13.050 C Shift and/or Shared Schools

It is understood that where a student is enrolled, for the purposes of classroom

instruction, in more than one (1) secondary school within the Board, both

secondary schools, including the school that retains the O.S.R. shall register and

report that student to the Ministry.

It is further understood that any staffing issues arising due to the fact that a

student may be attending at more than one (1) secondary school, will be

addressed by the Associate Director, Instructional Services with the advice of the

Secondary Staffing Advisory Committee (SSAC).

13.050 D At the request of either party, a joint ad hoc committee shall be formed to review

and examine issues of “shift” and/or “shared” schools at least six (6) months prior

to any “shift” and/or “shared” school arrangement being established. The

Committee shall be comprised of two (2) representatives from the Dufferin-Peel

Secondary Unit and two (2) representatives from the Board.

13.051 A The staff allocation committees described in clauses 13.051 B and 13.051 C below

shall be used to assist in the allocation of Teachers generated by Article 13.050.

13.051 B There shall be established a Secondary Staffing Advisory Committee (SSAC)

composed of the Associate Director, Instructional Services, and up to four (4)

representatives of the Board, which may include the Superintendents of Human

Resources & Employee Relations, Program Department and a Principal/Vice-

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Principal Association Representative, and mutually agreed appropriate resource

staff and four (4) representatives of the Dufferin-Peel Secondary Unit.

Meetings shall be chaired by the Associate Director, Instructional Services, (or

designate). The SSAC shall be convened by the Chair, not later than September

15, in each school year for an initial meeting. Thereafter, the committee shall meet

within two (2) weeks of a request by either party. An agenda for each meeting

shall be prepared prior thereto by the party requesting the meeting. The function

of the committee shall be to advise the Associate Director, Instructional Services

on the deployment to individual secondary schools of staff allocated to the

secondary system.

The Board wide SSAC shall also advise the Associate Director – Instructional

Services on staffing related to “Regional Programs” that draw students from

beyond a host school’s regular boundary/catchment area.

All information pertinent to staffing will be provided to SSAC. The Board shall

provide to the SSAC, reports on class sizes per course and on a school by school

basis. These reports shall be provided annually by May 15, reflecting October 31

and March 31 staffing data. The reports shall be based upon an analysis of data

created from the Board data base for each secondary school.

13.051 C Each Secondary School shall have a Staff Allocation Advisory Committee

(SAAC). The committee (SAAC) shall consist of:

a) the Principal, who shall chair the committee,

b) the Vice-Principal (or designate) responsible for timetabling,

c) three (3) Teachers as elected by the staff at a general staff meeting by

November 15. The names of these members will be forwarded to the

Principal, when known.

d) one (1) of the OECTA School Representatives. The name of this member

will be forwarded to the Principal, when known.

e) By mutual consent, additional staff members may be invited to attend.

It is understood that the duration of the term for SAAC will be one year

commencing November 16 to the following November 15.

f) The SAAC shall meet by the following dates and be provided with the

following data:

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g) SAAC members may include items for the agenda of each meeting.

Following each SAAC meeting a written report, prepared by the Principal

and the OECTA Representative, shall be provided to the Teachers.

h) The Principal shall provide to the committee a statement of the number of

Teachers allocated to the school. The committee shall also be provided with

the total enrolment in each course as per option sheets and other staffing

assignment needs.

The function of the committee (SAAC) shall be to advise the Principal with respect

to assigning staff within the school to deal with such matters as:

(i) school staffing priorities;

(ii) the development of the tentative staffing model for the following school

year;

(iii) Teacher instructional workload distributions and instructional assignments,

including the number of class preparations and cooperative education

assignments;

(iv) creation of bi-level and multi-grade classes, and the considerations under

Article 13.018 B;

(v) the school supervision arrangements.

13.051 D Within the limits of the number of Teachers allocated to their schools pursuant to

Article 13.050 and 13.051, Principals, with the advice of the SAAC, shall staff

their schools using as a guideline for staff assignment Pupil Teacher Contacts

(PTC) of 175 full credit students (or equivalent) or less per year for each full-time

secondary Teacher.

13.052 Where school wide reporting occurs in addition to Ministry/Board mandated

reporting, it will be limited to twice a semester.

Where contact regarding student progress is deemed to be necessary in addition to

Ministry/Board mandated reporting, the following reporting options will be

available (but not limited to):

(i) Phone contact

(ii) Standardized, school generated written reports

(iii) Markbook reports

Dates Data To Be Provided

Fourth Friday in November Usage to date of supervision/on call data

Third Friday of February Master Timetable including lunch, supervision/on

call periods; supervision schedule

Fourth Friday of May Usage to date of supervision/on call data; section

allocation by department for the following school

year

September 30 Master Timetable including lunch, supervision/on

call periods; supervision schedule

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13.053 The health and safety of its Teachers and Students is a matter of paramount

importance to the Board. In recognition of that fact, and consistent with the

Occupational Health and Safety Act, the Board shall take all reasonable

precautions to protect the health and safety of its Teachers and Students.

13.061 The Board recognizes the importance of providing a workplace free from

harassment, including sexual harassment.

13.062 The Board recognizes that the inherent right of all individuals to be treated with

dignity and respect is central to Catholic values and Christian beliefs. As a Catholic

educational community it is committed to the creation of a working and teaching

environment which fosters mutual respect for the dignity and well being of all

employees and recognizes that every employee has a fundamental right to a

workplace free from harassment.

Harassment may include incidents involving unwelcome behaviour, which he or

she knows or should know, is unwelcome and includes but is not limited to:

Unwanted comments, interference or suggestions;

Various forms of intimidation and aggressive behaviour;

Verbal and emotional abuse;

“Bullying” – which is an attempt to undermine an individual through criticism,

intimidation, hostile verbal and non-verbal communication and interfering

actions.

13.063 The Board recognizes the importance of providing a workplace free from assault

and has accordingly established an assault procedure (see Appendix “C”) which

shall apply to all Teachers covered by this Agreement. Assaults, or alleged

assaults, of Teachers are to be dealt with in accordance with the procedure, but

such procedure shall not be subject to the grievance and arbitration procedures

under this Agreement.

13.064 The Unit and the Board recognize the value of a safe school environment and

accordingly a “Catholic Code of Conduct (2013)” (see Article 13.065) has been

revised.

This “Catholic Code of Conduct (2013)” shall apply to all Teachers covered by

this agreement. It is understood that incidents involving violations of the “Catholic

Code of Conduct (2013)” shall be dealt with in accordance with said “Code”.

The Unit and the Board also acknowledge that the “Catholic Code of Conduct

(2013)” includes both suspension and expulsion as viable and legitimate elements

within the spectrum of progressive discipline.

It is further understood that the Unit shall, before accessing the Grievance

Procedure, contact the school Principal or designate in an effort to resolve concerns

arising from the application and/or interpretation of the “Catholic Code of Conduct

(2013)”.

It is also understood that any grievances arising shall be first engaged at Step 1 of

the Grievance Procedure as outlined in Article 9 of the collective agreement.

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13.065 It is understood that should the current “Catholic Code of Conduct (2013)”

need to be reviewed and/or amended, the Unit will be asked to participate in

the review/amendment process.

ARTICLE 14 – IN-SCHOOL SURPLUS AND POSTINGS

14.011 “In-school surplus” shall mean a reduction in total teaching positions in a school

due to:

(i) declining enrolment,

(ii) enrolment shifts brought about by the opening of new schools or caused by

student option selections, or

(iii) the reduction or elimination of program.

Such positions shall be termed “surplus positions”.

14.012 This Article is subject to the rights of Teachers under the Education Act.

14.013 Each school Principal shall make every effort to assign a full timetable for the

following school year to all Teachers currently assigned to the school.

14.014 Where a reduction of

staff is necessary due to in-school surplus, reductions will be made in the following order:

(i) Persons ineligible to apply for certification at the College of Teachers

(ii) Teachers on long term occasional assignment

(iii) Retirements/resignations

(iv) Subject to section 14.017 below, reverse order of “seniority” as defined by

section 14.015.

14.015 For purposes of this Article:

a) For Teachers who are employed in secondary schools by August 31, 1991,

seniority shall mean the continuous service with the Board or any of its

predecessor Boards.

b) For Teachers who are newly employed/assigned to secondary schools after

August 31, 1991, seniority shall mean continuous secondary services with

the Board.

c) A Teacher who is assigned from the elementary panel to a secondary school

after August 31, 1991 and prior to August 31, 1994 shall upon completion

of three (3) years of secondary teaching experience, have all years of service

with the Board credited as seniority.

d) “Continuous secondary service with the Board” shall include exchange

teaching, loan to DND, Federation leaves and any and all leaves taken with

the approval of the Board.

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e) In no seniority calculation shall any Teacher receive more than one (1) year

of credit for any single school year.

14.016 In every instance in which two (2) or more members of the Dufferin-Peel

Secondary Unit are initially found to have equal seniority, as defined by section

14.015, the following shall be used as tie breakers:

(i) total consecutive secondary experience in that school, and where equal;

(ii) total secondary teaching experience with this school Board, and where

equal;

(iii) total secondary teaching experience under contract with other school Boards,

and, where equal;

(iv) qualifications as reflected by placement on the salary grid, and, where equal;

(v) total seniority with this Board and where equal;

(vi) by lot, conducted jointly by the parties.

14.017 It is recognized that following due consideration of the information provided in

Regulation 298 of the Education Act, curriculum program requirements may result

in a Teacher being declared surplus to a school who has more seniority than another

Teacher in the same school. Where this occurs, the Board shall provide to the

affected Teacher(s) and to the Dufferin-Peel Secondary Unit an explanation of the

curriculum program requirements.

14.018 a) By the fourth Friday in March, a meeting shall be held with representatives

of DPSU, Employee Relations and all principals considering the use of

program override in the determination of surplus.

b) The pu rpose of the meeti ng will be to discuss the necessity of the program

override. Information shall be provided to all the parties in advance of the

meeti ng, as soon as reasonable, to fully discuss the matter and to attempt

to reach agreement as to whether or not a program override is necessary.

The princi pal shall provide proof of solicitation of all current staff at the

school for the posi tion subject to program override.

c) Should the parties fail to reach agreement regarding the necessity for a

program override, DPSU and the principal concerned will both provide a

written submission to the Associate Director, Instructional Services,

supporting their respective positions who shall make a determination on the

matter.

14.019 a) The Board shall send to each school three (3) copies of the seniority list as of the

preceding July 1st, no later than September 30th of each school year. Two (2) copies

shall be directed to the OECTA school representatives. One (1) copy of the list

shall be displayed upon a staff room bulletin Board.

b) The seniority list shall consist of the names of the Teachers in the Dufferin-Peel

Secondary Unit in decreasing order of seniority according to section 14.015.

14.020 B a) By the third Friday of February, the Board shall determine and communicate to

school Principals and the President of the Dufferin-Peel Secondary Unit, the school

enrolment projections to be used for staffing purposes.

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Following the third Friday of February, the Associate Director, Instructional

Services, as in section 13.051 B, shall distribute to the school Principal the staffing

spreadsheet.

b) Prior to the March Break, each school Principal shall hold a general staff meeting

in order to communicate projected enrolment changes for the following school year

and probable numbers of staff to be hired or declared surplus.

c) By the first Friday of April, the Principal shall have determined, after receiving

the advice of the Staff Allocation Advisory Committee, the staffing requirements

of the school, the staff who are declared surplus and the teaching positions which

are vacant.

d) The President of the Dufferin-Peel Secondary Unit shall be notified in writing of

the names of such in-school surplus Teachers and the relevant facts by which such

determination was made.

e) Teachers who are declared surplus to a school shall be notified by the Board in

writing by the second Friday of April. A copy of the notification of surplus sent

to each surplus Teacher, shall also be sent to the President of the Dufferin-Peel

Secondary Unit at the same time.

f) Upon notification of surplus status, Teachers shall indicate to the Board the

geographic areas (Family of Schools) to which they would prefer to be reassigned.

14.020 C e) Upon their request, Teachers interviewed for posted openings shall have an

opportunity for feedback.

14.023 d) The Board shall not assign a surplus Teacher outside of the secondary panel

without the written permission of the Teacher.

ARTICLE 14A – REDUNDANCY

14A.010 1. Secondary redundancy is generated by excess secondary Teachers based upon

secondary student enrolment panel-wide.

2. This Article is subject to the Rights of Teachers under the Education Act.

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3. Where reduction of staff is necessary due to declining enrolment or the reduction

or elimination of program, reductions will be made on the following basis and in

the following order:

a) (i) Normal attrition

(ii) Teachers under the first year of a probationary period

(iii) Teachers under the second year of a probationary period

(iv) Permanent Teachers.

.

b) Seniority shall be

determined according to the following criteria:

(i) Length of continuous service as a permanent Teacher with this

Board or any of its predecessor Boards

(ii) Length of total teaching experience with this Board

(iii) Length of total teaching experience

(iv) Qualifications as reflected by placement on the salary grid

(v) Where all the above factors are equal, determination shall be decided

by lot, conducted by the parties through an objective, centralized

process.

c) When making new appointments to teaching personnel, the Board shall

rehire in reverse order of seniority those Teachers who were dismissed and

who are on the recall list due to declining enrolments, provided that the

Teachers recalled are qualified as indicated in the Regulations under the

Education Act.

d) Teachers on exchanges or secondments shall continue to accumulate

seniority for the purposes of this Article. Seniority shall be accrued as

outlined in Article 12.030 (6) of the Deferred Salary Leave Plan for those

personnel in the Plan.

e) In accordance with Article 12.1 of Part A: Central Terms, effective

September 1, 2014, Teachers who have been declared redundant shall

remain on the seniority list/recall list for five (5) years or until they:

(i) are placed at another school within the Board;

(ii) accept a full time teaching position in another school Board;

(iii) have declined an offer of placement.

f) Where staff redundancies are necessary under the provisions of this Article,

the Dufferin-Peel Secondary Unit will be advised prior to Teachers being

laid off.

g) Any dispute regarding length of service on the seniority list will be resolved

by the Board and the Dufferin-Peel Secondary Unit within one (1) month

subsequent to the seniority list being published.

h) Where two (2) or more Teachers have the same seniority, the order on the

list shall be determined according to Article 14A.010.3. (b).

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i) Any Teacher recalled to a teaching position shall be given full recognition

for experience accumulated to the date of termination.

j) Placement on the recall list as identified in 14A.010 3(e) will not constitute

a break in service for seniority purposes.

k) A declaration of redundancy will occur as late in the school year as possible

– subject to provisions within the Employment Standards Act.

l) Where Teachers declared redundant are currently placed in a school, their

position for the following school year will be filled by Teachers on the

unplaced surplus list as per the processes in the Collective Agreement.

m) If there is the potential of redundancy within the Board, then “Board-wide”

postings will be delayed until the redundant Teachers have been declared.

n) In such circumstances, identified in (m) above, “Board-wide” postings will

commence when either:

i) There is no declaration of redundancy within the Board.

or

ii) All redundant Teachers on a recall list are initially offered available

positions in the corresponding panel for which they are qualified, as

per Regulation 298.

Secondary Teachers will be given the option of being placed in available

elementary positions for which they are qualified in reverse order of seniority.

This option shall be available prior to such positions being offered to external

candidates. Provisions under 14A.010(3)(i) and (j) shall apply to Teachers who

exercise this option. Exercising this option would result in removal from the

secondary recall list. A decision not to accept this option shall not be considered

a rejection of a secondary recall notice as outlined in 14A.010(3)(e).

4. When a program needing a specialized Teacher is jeopardized, the Teacher of that

program shall be given special consideration, unless a staff Teacher who would be

classified as redundant may qualify for the position.

ARTICLE 15 – PROFESSIONAL DEVELOPMENT

15.010 The Board shall establish a fund to be used for professional conference purposes.

The fund shall be equal to two (2) times the total amount set aside for Staff

Development by the Dufferin-Peel Secondary Unit; provided that in no school year

shall the Board be required to contribute more than $28.00 per Teacher calculated

on the number of full-time equivalent Teachers in the employ of the Board as of

October 31.

Such Board fund shall be administered, and accounted for, separately from any

funds designated for Professional Development purposes of elementary school

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Teachers. The Dufferin-Peel Secondary Unit shall advise the Board prior to

October 31 of each school year of the amount set aside for Staff Development in

that school year, and agree to provide the Board with copies of their relevant

financial records, as they may be requested from time to time.

15.020 a) Professional Development shall be job-embedded, informed by research, and

done in partnership between the Board and DPSU.

b) Professional Development shall be addressed at the system level through the

establishment of a Joint Committee.

c) Professional activities for Teachers during Professional Activity days shall be

consistent with the learning goals identified in the Teacher’s Annual Learning

Plans.

d) There shall be established a Joint Professional Development Committee

composed of three (3) representatives of DPSU appointed by the Unit Executive

and three (3) representatives of the Board. The representatives of the Unit and

the Board shall each nominate one of their number as a Co-Chairperson.

e) The Committee shall meet four (4) times per year.

f) The functions of the committee shall include but are not be limited to:

(i) oversee professional activities for Teachers during Professional Activity

days.

(ii) promote best practices and sustain successful Catholic Professional

Learning Communities and monitor their implementation.

(iii) for professionalism, commitment to continuous learning, collective

inquiry into best practice, innovation and experimentation to improve

teaching and student learning.

ARTICLE 16 – PART-TIME TEACHING LOAD

16.010 Teachers are entitled to access a part-time teaching load as per Appendix F, subject

to the surplus and redundancy provisions of this Agreement.

16.011 Grid placement of Teachers participating in a part-time teaching load shall be

based on teaching qualifications and experience, and the salary and benefits of such

Teachers shall be pro-rated in accordance with the teaching load.

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ARTICLE 17 – CONTINUING EDUCATION

17.010 Definitions:

a) “Continuing Education Teacher” as referred to in this Article shall mean a Teacher

employed to teach a continuing education course or class established in accordance

with the regulations for which membership in the Ontario College of Teachers is

required by the regulations.

b) “Continuing education course” shall mean a credit course developed from Ministry

of Education guidelines or approved by the Ministry of Education and which has

been scheduled for the number of hours prescribed by the Ministry of Education.

c) For the purpose of this agreement a Continuing Education teacher is a teacher

assigned to the Adult Education Day School program and who is assigned

consecutive morning and afternoon credit course assignments during the

instructional day and shall be considered a 1.0 Full-Time Equivalent (F.T.E.)

in Continuing Education

17.011 The Board shall pay to a Continuing Education Teacher for each hour of instruction

in a credit course the following rate of pay:

Effective September 1, 2014

Basic Statutory Vacation Total

Rate Holiday Pay Pay

$48.16 1.69 1.93 $51.78

In accordance with Article 2.1.3.1 of Part A: Central Terms, effective

September 1, 2016:



$48.64 1.70 1.95 $52.29

In accordance with Article 2.1.4 of Part A: Central Terms, effective the 98th

day of the 2016-2017 school year:



$48.88 1.71 1.96 $52.55

17.012 No Principal or Vice Principal of a continuing education evening or summer

school, who is a Teacher during regular day classes, will have his or her seniority

affected by the Part X.1 definition of “Teacher” under the Education Act.

17.013 Other than as set out in this Article, the terms and conditions of this Collective

Agreement shall not be applicable to Continuing Education Teachers.

17.014 Notwithstanding Article 17.013, the grievance and arbitration procedures set out

in this collective agreement shall apply to Continuing Education Teachers with

respect to the terms and conditions of employment set out in Article 17.

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17.015 The Board shall hire Continuing Education Teachers or Secondary Teachers

for all credit courses offered through the Board’s Continuing Education

Program.

17.016 Notwithstanding Article 17.015, if a course which a Continuing Education Teacher

was employed to teach is cancelled on or after the first scheduled session of such

course, the Board shall pay to such Teacher the sum of two hundred ($200) in

addition to any hourly rate earned by the Teacher for the course prior to its

cancellation.

17.017 The following articles are to be incorporated within the terms and conditions of

employment for Continuing Education Teachers:

1.010

1.011

1.020

1.030 A (i) (ii)

1.030 B

1.033

1.035 (a) (b) (c)

1.036

2

7.013

7.017

7.018

7.050

7.052

7.053

7.060

7.061

7.062

7.064

7.067

7.068 (a), (b), (d)

8

9

10

11

13.042

13.053

13.060

13.061

13.062

13.063

13.06415

18

19

20

Articles

3.1/4.1/4.2/4.3/4.4/4.5/4.6 of

Part A:Central Terms related

to Sick Leave

17.018 The Board will administer the employment of Continuing Education in a non-arbitrary/non-

discriminatory manner.

17.019 In accordance with Article 17.016 a Teacher who is declared redundant due to

insufficient enrolment for the program shall be placed on the Recall List for

Continuing Education Teachers.

17.020 Seniority shall be defined as the date of hire with the Dufferin-Peel Catholic District

School Board and shall continue uninterrupted as long as the Teacher remains in the

employ of the Board. For clarity, continued employment is not interrupted by breaks

between Continuing Education sessions/terms.

17.021 Teaching experience shall be calculated on a per credit basis. Eight (8) credits shall be

the equivalent of one (1) year for purposes of experience recognition. Less than eight

(8) credits shall be prorated for purposes of calculating experience. It is understood

that the maximum amount of experience a Teacher may gain in any one year is one (1)

year.

17.022 The Board shall establish a Seniority List for Continuing Education Teachers showing

each member’s name and seniority and experience calculation from the most senior to

the least senior.

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17.023 The Board shall prepare, publish and post on a current basis, the seniority list by the

third Friday of October each year in every workplace in which Continuing Education

programmes are delivered.

17.024 The Board shall send the Seniority List for Continuing Education Teachers to the

President of DPSU by the second Friday of October each year.

17.025 Continuing Education Teachers have fifteen (15) working days after the posting of the

seniority list to notify Teacher Personnel of any discrepancies in the list.

17.026 Teaching experience for Continuing Education Teachers shall be calculated as follows:

One year of teaching experience shall be equivalent to teaching eight (8) credits (four

(4) module sessional periods) from September 1 to August 31.

One half year of teaching experience shall be equivalent to four (4) credits (two (2)

module sessional periods) from September 1 to August 31.

17.027 Where Teachers have equal seniority in accordance with Article 17.022 the order of

seniority shall be determined by the following criteria taken in order:

a) Total Continuing Education teaching experience with this School Board, and where equal;

b) Total certified teaching experience; c) By lot conducted jointly by the parties.

17.028 No interruption in seniority shall occur for a Teacher who was declared redundant due

to declining enrolment and was subsequently rehired within two (2) years.

17.029 Redundant Teachers who are working in less than 1.0 FTE assignments shall have

their FTE prorated for the purpose of accumulating teaching experience.

17.030 A redundant Continuing Education Teacher shall have the right of recall to any

Continuing Education position in order of seniority, subject to the Teacher being

qualified in the subject area in which unassigned classes occur. Recall rights shall be

applicable to part-time as well as full-time timetables and shall extend for up to twenty-

four (24) months from the effective date of being declared redundant.

17.031 Effective for the start of the first module of September 1, 2016, Administration shall

create a schedule which aligns two (2) Continuing Education non-instructional days

with Secondary School Professional Activity Days when creating the Continuing

Education Course Calendar and therefore would allow Continuing Education

Teachers working in the Adult Learning Centres to participate in Secondary School

Professional Activity Days.

17.032 An employee who has completed a minimum of two (2) years of continuous service as

per Article 17.022, may request an unpaid leave of absence in accordance with Article

7.068.

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17.033 In the assignment of Continuing Education Teachers to Continuing Education courses,

the Board shall place qualified teachers in order of greatest seniority with

consideration to teaching assignment preference request form including site

preference.

17.034 In the placement of certified qualified Continuing Education Teachers, the Board shall

maximize the number of Continuing Education Teachers who are 1.0 F.T.E.

17.035 Should the cancellation of a course be deemed necessary by the Board, the Teacher

shall be reassigned to a course for which he/she is qualified subject to course

availability.

17.036 In cases where changes are made to course offerings, the Board shall place Teachers

into timetables for which they are qualified in order of seniority subject to course

availability.

17.037 Subject to program requirements and where necessary, Continuing Education

Teachers shall be placed on the Continuing Education Teacher Redundancy List

starting with the Teacher with least seniority. Teachers shall be recalled to Continuing

Education programs, subject to program requirements, starting with the Teacher with

greatest seniority.

17.038 By June 15 each year, Continuing Education Teachers, shall complete a Teaching

Assignment Preference Request form. The form shall consist of:

a) Teacher’s Name; b) Teacher’s qualifications (as per OCT Certificate of Qualification); c) Teacher’s course preferences identifying the Teacher’s interest in placement in day

school programs. 17.039 The Teaching Assignment Preference Request Form shall be used for the placement of

Continuing Education Teachers in accordance with 17.033 and 17.034 above. The form

shall provide for the same disclosure information as other Secondary members.

17.040 The Board will review the posting process for Adult Education Day School program

Teachers. Prior to the start of the next round of negotiations between the parties, the

Board shall provide the DPSU with a copy of the Board’s findings resulting from its

review.

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ARTICLE 18 – PERSONNEL FILES

18.010 A Teacher shall have access during normal business hours to the teacher’s personnel file at

the Catholic Education Centre upon prior written request to the Superintendent of Human

Resources, and in the presence of a supervisory officer or other person(s) designated by the

Director of Education. If a Teacher requests photocopies of documents in the Teacher’s file,

the Board will provide such copies within three (3) school days or otherwise by mutual

agreement.

18.011 A Teacher shall have the right to object in writing to the accuracy or completeness of any

document in the file, and such objection shall be filed with the disputed

document. Alternatively, if a Teacher disputes the accuracy of any such document, the

teacher may appeal the matter to a member of Senior Staff designated by the Director of

Education. Such Senior Staff member shall, where possible, within fifteen (15) days from

receipt of a written request by the Teacher stating the alleged inaccuracy, either confirm,

amend, or remove the information contained in the document.

18.012 Any document that may be relied upon for purposes of discipline that is placed in a

Teacher’s personnel file shall be copied to the Teacher at the time the document is

placed in the personnel file.

18.013 Should the Board provide to the Ontario College of Teachers any documentation that

may be relied upon for the purposes of discipline, the Board shall provide a copy of

said documentation to the Teacher at the same time.

18.014 Effective September 1, 2016, the Board agrees that the following shall apply to files

that are kept at the school level:

A Principal may keep a copy of a document that may be relied upon for purposes of

discipline if a situation with a Teacher pertaining to the document is ongoing. Once the

matter is no longer ongoing, the document shall be moved to the Teacher’s personnel

file or destroyed.

18.015 The Board agrees that a review of all personnel file procedures is a priority item for

the Board over the term of this collective agreement. The Dufferin-Peel Secondary Unit

shall be included on a taskforce that will oversee the development of the Board’s

document management procedures regarding personnel files and the transition to a

single personnel file for each Teacher.

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ARTICLE 19 – JOINT CONSULTATION COMMITTEE

19.010 The two parties shall establish a Joint Consultation Committee. The committee shall operate

in accordance with the following terms of reference:

i) The Joint Consultation Committee will be comprised of three (3) representatives of DPSU

and three (3) representatives of the Board.

ii) Each party can bring additional resource personnel as agreed to by the parties.

iii) The Joint Consultation Committee discussions will include, but not be limited to, the

following standing issues:

a) Workload / Class Size

b) New Initiatives

c) Teacher Welfare

d) Contract Administration

e) Safety In Schools

iv) The Committee shall meet on a bi-monthly basis except during the summer months and

negotiations.

19.020 Furthermore, the parties agree that information pertaining to matters that have a

significant impact on bargaining unit working conditions will be provided in advance

of any decision being made. The purpose of providing sufficient information is to

enable the parties to have a meaningful discussion and to allow for reasonable

consideration of feedback from the other party.

ARTICLE 20 – COORDINATORS AND CONSULTANTS

20.010 Co-ordinator

a) A Teacher appointed as Co-ordinator by the Director of Education is assigned the

responsibility for planning and developing of curriculum. A Co-ordinator may also

administer an academic area. The position requires consultation and co-ordination

with other disciplines and departments.

b) Co-ordinator assists and advises the Director of Education, Superintendents,

Principals, Consultants and Teachers on a Board-wide basis, and provides liaison with

external agencies.

20.020 Consultant

a) A Teacher appointed as a Consultant by the Director of Education is assigned the

responsibility of a Curriculum Consultant within a specific academic area and/or

instructional area. A Consultant operates under the supervision of a Superintendent

and/or Co-ordinator either in a family of schools or within the bounds of a specific

delegated assignment.

b) The Consultant assists and advises Principals and Teachers in the updating of current

programs and the development of new ones. Consultants will also assist with Teacher

Professional Development.

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20.030 A Teacher, who is appointed to a position of co-ordinator or consultant, shall have the

opportunity to return to or remain in the secondary bargaining unit upon completion of that

appointment. Should the Teacher be deemed to be an elementary co-ordinator or consultant

for the period of the appointment, Article 14.015 will not affect any subsequent calculation

of seniority for the purpose of in-school surplus.

ARTICLE 23 - TRANSFER AND POSTING

23.010 Prior to March Break each year:

a) the dates and timelines of the Transfer and Posting process outlined in this article

shall be reviewed by the SSAC subcommittee. By mutual agreement, dates and

timelines may be adjusted.

b) the Principal shall share and explain with the SAAC the number of openings to

be posted. SAAC ensures that Teachers’ preferences are considered prior to

recommending postings. The SAAC will recommend to the Principal subject

sections to be posted. The Principal shall solicit interest within the existing staff

for positions to be considered for posting.

23.020 By the second Friday of April, and prior to posting any Teacher vacancy, school

administration shall:

a) Offer to all Teachers at that school, via Board e-mail, any Teacher vacancy that

has been identified for the following school year. Within three (3) school days of

receiving the written notification of the vacancy:

(i) Should only one qualified Teacher express interest, that Teacher will be assigned that vacancy. In the circumstance where the Board has determined, following round one postings and an expedited external posting, that no qualified teacher can be found to assume the assignment of the Teacher moving into the vacancy, the Board may prohibit the Teacher from moving into the vacancy.

(ii) Should more than one qualified Teacher express interest in the vacancy, the

vacancy will be assigned to one of the qualified candidates that expressed interest;

b) Provide written notice to all surplus Teachers;

c) Provide a copy of the Geographic Preference Form to each surplus Teacher;

d) Provide a copy of their preliminary assignment for the following school year to

all Teachers.

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23.030 To be eligible for the transfer process below, teachers must have completed their

probationary period prior to assuming the position, be in at least their second year in

the same school, hold the required qualifications at the time of application and have

submitted a complete Application for Posted Openings by the date and time specified

on the posting.

Teachers who accept a transfer via the Round 1, Round 2, or Round 3 are not eligible

to apply in subsequent postings in the same year.

23.040 Round 1 Postings

By the end of the third week in April, Round 1 Postings, consisting of all known

vacancies, shall be posted for three (3) school days.

a) Teachers who are eligible as per Article 23.030 may apply to the positions

identified in the Round 1 Postings.

b) Upon closing of the Round 1 Postings, the five (5) most senior qualified applicants

shall be identified for each vacancy and will be interviewed by the Principal of

the school at which the vacancy exists. The vacancy shall be offered to one of the

five (5) applicants by email.

c) If one of the five (5) most senior qualified applicants declines the interview, the

Principal shall have the right to interview the next most senior qualified

applicant.

d) A Teacher who has been offered a position shall provide a response to the offer,

by email, no later than 4:30 pm on the school day following the offer being made.

e) If a successful applicant declines the position when offered, the Principal shall

have the right to interview the next most senior qualified applicant. The Principal

shall then offer the position to one of the interviewed applicants.

f) Should the vacancy remain unfilled at the end of (e) above, the Principal shall

interview the next five (5) most senior qualified.

g) If less than five (5) qualified teachers apply to the vacancy, all of the qualified

applicants shall be interviewed and the vacancy shall be offered to one of the

applicants. It is understood that if there is only one (1) applicant the position shall

be offered to that applicant. If all applicants decline the vacancy, the vacancy

shall be posted at the next round of postings.

h) Should there be no qualified applicants for a vacancy, the vacancy shall be posted

as part of the next round of postings.

i) Positions posted will be the actual positions filled by the successful candidate.

Exceptions may occur by mutual consent.

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By the end of the second week in May, Round 2 Postings, consisting of all known

vacancies including newly identified vacancies and the residual vacancies created by

the placement of Teachers in Round 1, shall be posted for three (3) school days.



b) Each vacancy shall be filled in accordance with the process outlined in 23.040


By the end of the first week in June, Round 3 Postings, consisting of all known

vacancies including newly identified vacancies and the residual vacancies created by

the placement of Teachers in Round 2, shall be posted for three (3) school days.



b) Each vacancy shall be filled in accordance with the process outlined in 23.040

23.070 Teachers who were declared surplus shall have first right of recall, in order of

seniority, to their previous school/location until the third Friday in August of the same

school year should a position for which they are qualified become available at that

school/location.

23.080 By the end of the third week in June the placement of all unplaced Teachers shall occur

as follows:

a) A list of all known vacancies shall be created and shared electronically to all

Surplus Teachers, copied to the DPSU, who have not been placed for the next

year.

b) Starting with the unplaced Teacher with the most seniority, the Teacher shall be

given the opportunity to choose an assignment from the list of vacancies. In order

of seniority, all unplaced Teachers shall be given such opportunity, subject to

there being vacant assignments remaining.

c) Any Teacher who did not provide an ordered list of preferences will be placed in

an available opening for which they are qualified, in order of seniority and based

on geographic preferences.

d) Any remaining assignments shall be posted Board-wide and offered to all

permanent teachers prior to posting any vacancy outside of the permanent

teacher bargaining units in accordance with 23.040.

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23.090 Following the process outlined in Article 23.080:

Any Teachers who remain unplaced shall receive a list of all known one (1) year long

term occasional assignments for the following school year. Said Teachers shall be

offered and placed into the one (1) year long term occasional assignments for the

upcoming school year, in order of greatest seniority.

23.100 By the end of the second last instructional day of the school year:

Teachers shall receive a copy of their revised teaching assignment(s), subject to

changes in school enrollment that may result in the need to edit the school’s

organizational model.

23.110 Vacancies that arise during the School Year

For any vacancy that arises during the school year, following the placement of all

redundant Teachers, the position shall be posted and filled in accordance with the

Article 17.1.4 – 17.1.4.4 Hiring Practices of Part A: Central Terms. Should an external

hire occur, the teacher hired shall be informed that he/she will automatically be

declared surplus in accordance with 23.020. The position, should it still exist, shall be

made available to all Teachers in Round 1 Postings later in the school year.

23.120 For all postings identified in this process, the Board shall provide the following

information to the Dufferin-Peel Secondary Unit:

a) A copy of each posting at the time of the posting;

b) By the end of each school year, for each posting, the names of the applicants, the

names of the applicants interviewed, and the name of the successful applicant.

23.130 Article 23.040 is not applicable to:

a) Coordinator, Consultant postings; b) Department Headship postings; c) Special Education postings. d) Teachers with a system-wide portfolio (Instructional Coaches, Itinerant Positions,

and any other Ministry funded term positions, etc.)

23.140 New School Openings

50% of anticipated openings for a new school, and schools adding a grade, will be

posted for three (3) school days by March 1 of the previous school year. This posting

shall be excluded from the language outlined in Article 23.040.

Notes: 1. “qualified” means holding the required qualifications for the position, as per the

Education Act and Regulations (as recorded on the Ontario College of Teachers

Certificate of Qualification), at the time of the posting.

2. “most senior” means having the greatest seniority with the DPSU, as defined in Articles

14.015 and 14.016.

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3. It is understood for Board-wide postings, board wide seniority shall be the determinant

for most senior.

ARTICLE 24 – DISCLOSURE OF INFORMATION

24.010 By November 1st and March 1st of each year, the Board shall provide to Dufferin-Peel

Secondary Unit a list of all Teachers, their home address and phone number, seniority

date, Ontario College of Teachers number, and FTE entitlement. The information shall

be provided as an Excel document.

24.020 By November 1st each year, the Board shall provide to Dufferin-Peel Secondary Unit,

a list of all individuals who have been granted a temporary letter of approval/letter of

permission. The Board shall provide an updated list, if necessary, by March 1st of each

year. The information shall be provided as an Excel document.

24.030 Effective the 2016-2017 School Year, by November 1st and March 1st of each year the

Board shall provide to Dufferin-Peel Secondary Unit a list of all Teachers on leave, the

start date of the leave and the expected end date. The types of leave include, but is not

limited to deferred leave, unpaid leave, general leave, pregnancy/parental leave and

LTD. The information shall be provided as an Excel document.

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APPENDIX “C”

ASSAULT PROCEDURE

Guidelines

When an employee has been the subject of an assault, the following steps should be taken:

a) the assailant will be removed from the presence of the employee immediately;

b) the employee is to receive immediate and appropriate support and/or medical attention;

c) in the event of a physical assault medical verification of the assault should be established as soon as

possible;

d) at the earliest opportunity, the employee must inform the Principal or supervisor and the Principal

or supervisor must inform the Superintendent of Human Resources & Employee Relations, the

appropriate line Superintendent and the appropriate association/union (the OECTA/A.E.F.O. staff

representatives and the Branch Affiliate President);

e) the Superintendent of Human Resources & Employee Relations seeks legal advice for the Board

and the employee from the Board lawyer;

f) the Superintendent of Human Resources & Employee Relations informs the employee of the

support of the Board, the availability of legal advice, and the access to sick leave for recovery;

g) the Principal, supervisor or designate conducts an investigation into the incident, unless the police

have been called;

h) in all cases, even where the police are called and investigation is left to the police, the Principal

writes an outline report of the series of events.

N.B. Where the assailant is from outside the school, the police must be called.

i) a) where the assailant is a student the Principal takes appropriate action under the Education Act.

b) where the assailant is a fellow worker, the Employee Relations Department will take action under

appropriate labour legislation;

j) Copies of reports made by the Principal or supervisor must be provided for the appropriate

supervisory officer and the employee.

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APPENDIX “F”

Part Time Teaching Load

The following process for part time teaching load is available only to Teachers assigned to a school within

the staffing complement listed on the Board wide staffing spreadsheet.

1. Prior to the Christmas Break, the Principal will hold an information meeting for Teachers interested

in part time teaching opportunities for the following school year.

2. A Teacher considering a part time teaching workload is encouraged to contact the Ontario Teachers’

Pension Board regarding potential pension implications.

3. A Part Time Teaching Workload Form is available at the main office and/or the OECTA

Representative.

4. A Teacher seeking part time work shall submit a Part Time Teaching Workload Form to the Principal

by January 15th of the preceding school year of said request. Completion of the Part Time Teaching

Workload Form is an indication of a commitment to that school for the following school year. It is

understood that any Teacher who submits a Part Time Teaching Workload Form to the Principal

shall not normally apply nor be eligible for a general leave as per Article 7.068 and will be subject

to provisions therein but with due consideration to extenuating circumstances.

5. A Teacher shall receive written acknowledgement of receipt of their Part Time Teaching Workload

Form by January 15th.

6. All part time requests submitted by January 15th to the Principal via the Part Time Teaching

Workload Form shall be granted. The Principal shall submit a Staffing Request Form to Teacher

Personnel for any Teacher whose F.T.E. status is changed as a result of this process.

7. A part time teaching workload shall be applied throughout the entire school year.

8. Part time teaching workload options available at the time of submission of the Part Time Teaching

Workload Form are: 0.33; 0.50; or 0.67 equivalent of one (1) FTE.

9. A Part Time Teaching Workload Form cannot be withdrawn or modified after January 15th except

by mutual consent of the Principal and the Teacher.

10. A Part Time Teaching Workload Form is for a period of one year and must be submitted annually,

conforming to the prescribed timelines. In the absence of a Part Time Teaching Workload Form, the

Teacher will be assigned a full time teaching workload for the following school year.

11. Part time Teachers shall indicate preferences for teaching periods on the Part Time Teaching

Workload Form. This request shall receive full consideration by the Principal.

12. A Teacher subsequently declared surplus and placed at another school may not be able to retain their

part time teaching workload. This request shall receive full consideration by the receiving Principal.

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13. Job expectations of a part time Teacher are consistent with that of a full time Teacher.

14. Department Heads with a part time teaching workload shall perform all Department Head

responsibilities unless;

a) By mutual consent of the Principal and the Department Head, such responsibilities and

allowances are pro-rated with another Teacher, or,

b) By mutual consent of the Principal and the Department Head, forego the responsibilities and

allowance for the duration of the part time teaching workload with such responsibilities and

allowances being assigned in an acting capacity to another Teacher consistent with Article

5.051.

15. Each Principal shall calculate the total part time FTE complement. If the total part time FTE

complement is a decimal (0.33; 0.50; 0.67) such information shall be provided to the SSAC sub

committee in order that it be accommodated in the assigned school staffing.

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Dufferin-Peel Catholic District School Board

Part-time Teaching Workload Form

(This form will be accepted by the Principal up until January 15th in any year)

Date Submitted: _______________ School: ________________________________

Full Name (Please print)_____________________________Employee # __________

Please check one: Teacher

Department Head

Part Time Teaching Workload Request (please check one):

.33 .50 .67

Part Time Teaching Period Preference (please check appropriate period/s)

Period 1

Period 2

Period 3

Period 4

Period 5

I understand that submission of this form precludes application to any postings and/or normally general

leaves as per Article 7.068 for the following school year.

Teacher Signature: _____________________________

Principal Signature: _____________________________

Date Received: _____________________________

School: _______________________

Teacher Name Employee # Teaching Load Request

(.33, .50 or .67) 1 2 3 4 5 6 7 8 9

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10 11 12 13 14 15 16 17 18 19 20 ____________________

Total Part-time 0

Principal Signature __________________________________

*To be completed by the School Principal and forwarded to the Principal of Employee Relations

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LETTER OF UNDERSTANDING NO. 1

The Board shall provide to the Dufferin-Peel Secondary Unit, a copy of each of the current master benefit

plans and any subsequent revisions to such plans.


It is understood that the selection of Teachers for Continuing Education credit delivery teaching positions

shall be based on criteria developed by the Board and reviewed annually in consultation with the Dufferin-

Peel Secondary Unit.


Functional Abilities Form

A Teacher on a medical leave receiving a Functional Ability Form from the Board, shall present this form to

the attending physician for completion. The Teacher will also sign the form authorizing the physician to

release the information included on the Functional Ability Form to the Board. The form, as completed by

the physician, is to be returned to the Health Promotion & Wellness department within the timelines

requested, except in extenuating circumstances.


Whereas it is the common goal of the Board and the Dufferin-Peel Secondary Unit to provide the best

possible Catholic education for the children of this community, Teachers are required to provide a minimum

of thirty (30) days written notice of their intention to resign to the Superintendent of Human Resources &

Employee Relations.

Nothing herein prevents an employee and the Board from mutually agreeing to the employee’s resignation

at any time.


Changes to be made to the: Master Benefit Plan

Effective January 1, 2009, the Dufferin Peel Catholic District School Board will realize an estimated savings

of approximately $120,000.00 through changes in orthotic benefits within the master benefit plan, specific

to the Dufferin-Peel Secondary Unit.

These savings will be achieved by amending the number of orthotics to include three (3) pairs over two (2)

calendar years and the elimination of the chiropractor as a prescriber of orthotics.

Savings within orthotics will be used to enhance benefits within the same master benefit plan which results

in no change to the annual expenditures of the Board.

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The estimated savings of $120,000.00, achieved through the changes in orthotic benefits will be expended

by increasing the physiotherapist to $40.00 per visit, the registered massage therapist to $25.00 per visit,

changing the chiropractor service to include podiatrist and chiropodist, and increasing the limit to $275.00

per year.

Also, the parties agree that Dufferin-Peel Secondary Unit members who are actively employed will continue

to have benefits, excluding LTD and the Ontario Drug Benefit Plan, until they reach the age of 70.

This will not result in an increase to benefit costs to the Board.


PDT Benefits

In accordance with the terms of the Provincial Discussion Table (PDT Agreement) for the 2008-2012

Collective agreement, the Dufferin-Peel Catholic District School Board and the Dufferin-Peel Secondary

Unit agree that:

The estimated figure provided for in the PDT Agreement for benefit enhancement in 2010-2011 is

$350,000.00

The exact benefit enhancement for the Dufferin-Peel Secondary Unit will be calculated on the basis as

defined in the PDT Agreement which states that, “Each bargaining unit’s proportional share will be the ratio

between the bargaining unit’s FTE of employees eligible for benefits to the total FTE of the Board’s

unionized and non-unionized employees as reported in the Board’s

2008-2009 Financial Statements”.

Upon written request, and in accordance with the PDT Agreement, the Dufferin-Peel Catholic District

School Board will provide to the Dufferin-Peel Secondary Unit the requested disclosure received by January

1, 2010 to allow informed decision making for the enhanced benefit funding. The PDT Agreement also

states that “The nature of the disclosure will be similar but not limited to the information provided by School

Boards in a public procurement process”.

The parties agree to meet following release of the Grants for Student Needs (GSN) for the 2010-2011 school

year to discuss the Dufferin-Peel Secondary Unit enhanced benefit allocation.

By June 1, 2010 the Unit will inform the Board of the benefit enhancements that will come into effect

September 1, 2010.

Once the benefit enhancements have been identified, Article 6 will be adjusted to reflect

same.


The two parties shall establish a committee for the purpose of reviewing and revising the existing collective

agreement language regarding the organizational structure of Department Heads as referenced in Articles

13.012; 13.013A, B, C; 13.016; and any other relevant articles as identified by the committee. The committee

shall meet no later than 90 days following ratification of this collective and shall consist of up to four (4)

members from each respective party. This committee shall report to the Associate Director – Instructional

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Services no later than June 1, 2009. If the recommendations are approved by the Associate Director, the

intent of the parties is for them to be implemented effective for the 2010-11 school year.


Attendance Support Program

Effective immediately, the Board’s current Attendance Support Program shall be suspended. No

further action will be taken with respect to Teachers presently in the Program. The Board will

continue to monitor the annual average rate of absenteeism. If deemed necessary, the Board and the

Association will form a joint committee consisting of three (3) members of the Dufferin-Peel Secondary

Unit (DPSU), three (3) members of the Dufferin-Peel Elementary Unit (DPEU), and six (6) members

selected by the Board.

The three parties identified above shall agree to a schedule of meeting dates and times. The purpose

of the committee shall be to examine possible models of attendance management programs and to

develop a new attendance management program that will replace the current program. The committee

shall work by consensus. Once all three parties have agreed to a new attendance management

program, it shall be implemented and shall replace the current Attendance Support Program.

It is understood and agreed that until a new attendance management program, as agreed to by the

Board, the DPSU, and the DPEU, has been implemented, the current program shall continue to be

suspended. For clarity, any attendance management program implemented by the Board shall have

the support of the committee identified above.

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Notes

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