TEACHER LOCAL COLLECTIVE AGREEMENT September 1, 2014 … and Related... · TEACHER LOCAL COLLECTIVE...

TEACHER LOCAL

COLLECTIVE AGREEMENT

September 1, 2014 to

August 31, 2017

PEEL DISTRICT SCHOOL BOARD

______________________________________

Collective Agreement

Between

and

Peel District School Board

September 1, 2014 – August 31, 2017

____________________________________

TABLE OF CONTENTS

PART A – CENTRAL AGREEMENT BETWEEN: The Elementary Teachers’ Federation of Ontario & Ontario Public School Boards’ Association ARTICLE DESCRIPTION PAGE

C1.00 Structure and Content of Collective Agreement 1 C2.00 Definitions 1 C3.00 Length of Term/Notice to Bargain/Renewal 2 C4.00 Central Grievance Process 3 C5.00 Vested Retirement Gratuity Voluntary Early Payout Option 6 C6.00 Benefits 6 C7.00 Sick Leave 7 C8.00 Central Labour Relations Committee 10 C9.00 Ministry/School Board Initiatives 11 C10.00 Diagnostic Assessment 11 C11.00 Statutory Leaves of Absence/SEB 12 C12.00 Class Size/Staffing Levels 14 Appendix “A” Retirement Gratuites 15 Letters of Agreement #1 Sick Leave 16 #2 Regulation 274 – Hiring Practices 17 #3 Occasional Teacher Ability to Lock the Classroom Door 19 #4 Employment Insurance (E.I.) Rebate 20 #5 Special Education Committee 21 #6 Benefits 22 #7 Status Quo Central Items 33 #8 Status Quo Central Items Requiring Amendment and 34 Incorporation PART B – LOCAL AGREEMENT BETWEEN: The Elementary Teachers’ Federation of Ontario & Peel District School Board ARTICLE DESCRIPTION PAGE Article 1 Purpose 37 Article 2 Definitions 37 Article 3 Scope and Recognition 38 Article 4 Duration, Amendment and Renewal 40 Article 5 Union Dues and Assessments 41 Article 6 No Strikes or Lockouts 41 Article 7 Grievance Procedure 42 Article 8 Probationary Teachers 45 Article 9 Management Rights 45

ARTICLE DESCRIPTION PAGE Article 10 Pregnancy/Parental Leave 47 Article 11 Teacher Funded Leaves 50 Article 12 Assignments as Vice-Principal or Principal 54 Article 13 Staff Allocation Committees 55 Article 14 Transfer and Surplus 58 Article 15 Seniority 65 Article 16 Notice of Resignation or Retirement 66 Article 17 Expense Allowance 67 Article 18 Liaison Committee 67 Article 19 School Year/School Day 67 Article 20 Health and Safety 68 Article 21 No Discrimination 69 Article 22 Continuing Education Teachers 69 Article 23 Category Definitions 71 Article 24 Salary Schedule 73 Article 25 Allowances 79 Article 26 Benefits Plans 81 Article 27 Leaves – Sick Leaves 82 Article 28 Leaves - Other 83 Article 29 Performance Appraisals 87 Article 30 Working Conditions 88 Appendix “A” Employee Funded Leaves - Application 93 Appendix “B” In-school Staffing Advisory Committee 94 Letters of Understanding #1 Re: Scheduling of Parent/Teacher Interviews 96 #2 Professional Activity Days 97 #3 Implementation of the Grade 4-8 Class Size Reduction 98 under the PDT #4 Implementation of the Grades 7 and 8 Student Success 99 Teachers and Literacy & Numeracy Coaches under PDT #5 PDT Provisions Concerning Principals and Vice Principals 100 #6 Teacher Performance Appraisals 101 Letters of Intent #1 Certified Teachers 102 #2 Opening/Closure/Reconfiguration of Schools 103 #3 Changes in Workspace 104 #4 Regional Positions 105 Historical Retirement Allowance 106

PART A

CENTRAL AGREEMENT BETWEEN:

The Ontario Public School Boards’ Association

hereinafter called the "OPSBA"

and

The Elementary Teachers’ Federation of Ontario

hereinafter called the "ETFO"

September 1, 2014 to August 31, 2017

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ETFO TEACHERS – PART A: CENTRAL TERMS

C1.00 STRUCTURE AND CONTENT OF COLLECTIVE AGREEMENT

C1.1 Separate Central and Local Terms

The collective agreement shall consist of two parts. Part “A” shall comprise those terms which are central terms. Part “B” shall comprise those terms which are central and local terms. For clarity there shall be one single collective agreement for teachers and one single collective agreement for occasional teachers.

C1.2 Implementation

Part “A” may include provisions respecting the implementation of central terms by the school board and, where applicable, the bargaining agent. Any such provision shall be binding on the school board and, where applicable, the bargaining agent. Should a provision in the Central Agreement conflict with a provision in the Local Agreement, the provision in the Central Agreement, Central Term will apply.

C1.3 Parties

a) The parties to the collective agreement are the school board and the employee bargaining agent.

b) Central collective bargaining shall be conducted by the central employer and employee bargaining agencies representing the local parties.

C1.4 Single Collective Agreement

Central terms and local terms shall together constitute a single collective agreement.

C2.00 DEFINITIONS

C2.1 Unless otherwise specified, the following definitions shall apply only with respect to their usage in standard central terms. Where the same word is used in Part B of this collective agreement, the definition in that part, or any existing local interpretation shall prevail.

C2.2 The “Central Parties” shall be defined as the employer bargaining agency, the Ontario Public School Boards’ Association (OPSBA) and the employee bargaining agent, the Elementary Teachers’ Federation of Ontario (ETFO).

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C2.3 “Teacher” shall be defined as a permanent Teacher and specifically excludes Continuing Education Teachers, Long Term Occasional Teachers and Daily Occasional Teachers, unless otherwise specified.

C2.4 “Employee” shall be defined as per the Employment Standards Act.

C2.5 “Professional Judgement” shall be defined as judgement that is informed by professional knowledge of curriculum expectations, context, evidence of learning, methods of instruction and assessment, and the criteria and standards that indicate success in student learning. In professional practice, judgement involves a purposeful and systematic thinking process that evolves in terms of accuracy and insight with ongoing reflection and self-correction.

C3.00 LENGTH OF TERM/NOTICE TO BARGAIN/RENEWAL

C3.1 Single Collective Agreement

The central and local terms of this collective agreement shall constitute a single collective agreement for all purposes.

C3.2 Term of Agreement

In accordance with Section 41(1) of the School Boards Collective Bargaining Act, 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.

C3.3 Where Term Less Than Agreement Term

Where a provision of this collective agreement so provides, the provision shall be in effect for a term less than the term of the collective agreement.

C3.4 Term of Letters of Understanding

All central letters of understanding appended to this agreement, or entered into after the execution of this agreement shall, unless otherwise stated therein, form part of the collective agreement, run concurrently with it, and have the same termination date as the agreement.

C3.5 Amendment of Terms

In accordance with Section 42 of the School Boards Collective Bargaining Act, the central terms of this agreement, excepting term, may be amended at any time during the life of the agreement upon mutual consent of the central parties and agreement of the Crown.

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C3.6 Notice to Bargain

a) Where central bargaining is required under the School Boards Collective Bargaining Act, notice to bargain centrally shall be in accordance with Sections 31 and 28 of that Act, and with Section 59 of the Labour Relations Act. For greater clarity:

b) Notice to commence bargaining shall be given by a central party:

i. within 90 (ninety) days of the expiry of the collective agreement; or within such greater period agreed upon by the parties; or within any greater period set by regulation by the Minister of Education.

c) Notice to bargain centrally constitutes notice to bargain locally.

C4.00 CENTRAL GRIEVANCE PROCESS

The following process applies exclusively to grievances on central matters that have been referred to the central process. In accordance with the School Boards Collective Bargaining Act central matters may also be grieved locally, in which case local grievance processes will apply.

C4.1 Definitions a) A “grievance” shall be defined as any difference relating to the

interpretation, application, administration, or alleged violation or arbitrability of an item concerning any central term of a collective agreement.

b) The “Central Parties” shall be defined as the Ontario Public School Boards’ Association (OPSBA) and the Elementary Teachers’ Federation of Ontario (ETFO).

c) The “Local Parties” shall be defined as the Board or the local ETFO bargaining unit party to a collective agreement.

d) For the purpose of the Central Grievance Process only “days” shall mean school days.

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C4.2 Central Dispute Resolution Committee a) There shall be established a Central Dispute Resolution Committee (CDRC),

which shall be composed of two (2) representatives from each of the central parties and two (2) representatives from the Crown.

b) The Committee shall meet within five (5) working days at the request of one of the central parties.

c) The central parties shall each have the following rights: i. To file a dispute as a grievance with the Committee.

ii. To engage in settlement discussions. iii. To mutually settle a grievance in accordance with d) i, below. iv. To withdraw a grievance. v. To mutually agree to refer a grievance to the local grievance

procedure. vi. To mutually agree to voluntary mediation.

vii. To refer a grievance to final and binding arbitration at any time.

d) The Crown shall have the following rights: i. To give or withhold approval to any settlement by OPSBA.

ii. To participate in voluntary mediation. iii. To intervene in any matter referred to arbitration.

e) Only a central party may file a grievance and refer it to the Committee for discussion and review. No grievance can be referred to arbitration without three (3) days prior notice to the Committee.

f) It shall be the responsibility of each central party to inform their respective local parties of the Committee’s disposition of the dispute at each step in the central dispute resolution process including mediation and arbitration, and to direct them accordingly.

g) Each of the central parties shall be responsible for their own costs for the central dispute resolution process.

C4.3 The grievance shall specify: a) Any central provision of the collective agreement alleged to have been

violated.

b) The provision of any statute, regulation, policy, guideline, or directive at issue.

c) A detailed statement of any relevant facts.

d) The remedy requested.

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e) A grievance under this provision is not invalidated as a result of a technical deficiency under C4.3 a) b) c) or d), above.

C4.4 Referral to the Committee a) Prior to referral to the Committee, the matter shall be brought to the

attention of the other local party.

b) A central party shall refer the grievance to the CDRC by written notice to the other central party, with a copy to the Crown, but in no case later than forty (40) days after becoming aware of the dispute.

c) The Committee shall complete its review within ten (10) days of the grievance being filed.

d) If the grievance is not settled, withdrawn, or referred to the local grievance procedure by the Committee, the central party who has filed the grievance may, within a further ten (10) days, refer the grievance to arbitration.

e) All timelines may be extended by mutual consent of the central parties.

C4.5 Mediation a) The central parties may, on mutual agreement, request the assistance of a

mediator.

b) Where the central parties have agreed to mediation, the remuneration and expenses of the person selected as mediator shall be shared equally between the central parties.

c) Timelines shall be suspended for the period of mediation.

C4.6 Arbitration a) Arbitration shall be by a single arbitrator.

b) The central parties shall select a mutually agreed upon arbitrator.

c) Where the central parties are unable to agree upon an arbitrator within thirty (30) days of referral to arbitration, either central party may request that the Minister of Labour appoint an arbitrator.

d) The central parties may refer multiple grievances to a single arbitrator.

e) The remuneration and expenses of the arbitrator shall be shared equally between the central parties.

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C5.00 VESTED RETIREMENT GRATUITY VOLUNTARY EARLY PAYOUT OPTION

a) A Teacher eligible for a Sick Leave Credit retirement gratuity as per Appendix A shall have the option of receiving a payout of his/her gratuity on August 31, 2016, or on the teacher’s normal retirement date.

b) The Teacher must declare his/her intention to receive the earlier gratuity payout by June 30, 2016.

Pursuant to b) above, the following will apply:

c) The earlier payout shall be equivalent to the present discounted value of the payout as per Appendix A. The present value shall be 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.

d) If a teacher is 58 years of age or older as at June 30, 2016, the retirement gratuity payout will be discounted by two percent (2%) if they chose the early gratuity payout.

C6.00 BENEFITS

Parties have agreed to participate in the Provincial Benefit Trust, set out in the appended Letter of Agreement #6. The date on which the benefit plan commences participation in the Trust shall be referred to herein as the “Participation Date”. The Boards will continue to provide benefits in accordance with the existing benefit plans and terms of collective agreements in effect as of August 31, 2014 until the Employees’ Participation Date in the Trust.

Post Participation Date, the following shall apply:

C6.1 Funding a) The funding per full-time equivalent will be calculated as per the appended

Letter of Agreement.

C6.2 Cost Sharing

a) With respect to the funding in C6.1a), should there be an amount of employee co-pay, the Trust shall advise boards what that amount shall be. Unless advised otherwise, there will be no deductions upon the Participation Date.

b) Any further cost sharing or funding arrangements as per previous local collective agreements in effect as of August 31, 2014 remain status quo.

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C6.3 Payment in Lieu of Benefits a) All employees not transferred to the Trust who received pay in lieu of

benefits under a collective agreement in effect as of August 31, 2014, shall continue to receive the same benefit.

C6.4 Long Term Disability (Employee-Paid Plans) a) All permanent Teachers, including Teachers who are on an approved leave of

absence, are eligible and shall participate in the long term disability plan (LTD Plan) as a condition of employment, subject to the terms of the LTD plan.

b) The Board shall cooperate in the administration of the LTD Plan. It is understood that administration means that the Board will co-operate with the enrolment and deduction of premiums and provide available necessary data to the insurer, upon request. The Board will remit premiums collected to the carrier on behalf of the Teachers.

c) Where the plan administrator implements changes in the terms and conditions of the LTD Plan or the selection of an insurance carrier, the Board shall, for administrative purposes, be advised of changes at least thirty (30) days prior to the date the changes are to be implemented.

C6.5 Any other benefits not described above remain in effect in accordance with

terms of collective agreements as of August 31, 2014.

C7.00 SICK LEAVE

Sick Leave/Short Term Leave and Disability Plan

a) Sick Leave Benefit Plan The Sick Leave Benefit Plan will provide sick leave days and short term disability days for reasons of personal illness, personal injury, including personal medical appointments and personal dental appointments.

b) Sick Leave Days Subject to paragraphs d) i-vi below, permanent full-time Teachers will be allocated eleven (11) sick days at one hundred percent (100%) salary in each school year. Teachers who are less than full-time shall have their sick leave allocation pro-rated.

c) Short-Term Leave and Disability Plan (STLDP) Subject to paragraphs d) i-vi below, permanent full-time Teachers will be allocated one hundred and twenty (120) short-term disability days in September of each school year. Teachers who are less than full-time shall

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have their STLDP allocation pro-rated. Teachers eligible to access STLDP shall receive payment equivalent to ninety percent (90%) of regular salary.

d) Eligibility and Allocation The allocations outlined in paragraphs b) and c) above, will be provided on the first day of each school year, subject to the restrictions outlined in d) i-vi below.

i. A Teacher is eligible for the full allocation of sick leave and STLDP regardless of start date of employment or date of return to work from any leave other than sick leave, WSIB or LTD.

ii. All allocations of sick leave and STLDP shall be pro-rated based on FTE at the start of the school year. Any changes in FTE during a school year shall result in an adjustment to allocations.

iii. Where a Teacher is accessing sick leave, STLDP, WSIB or LTD in a school year and the absence due to the same illness or injury continues into the following school year, the Teacher will continue to access any unused sick leave days or STLDP days from the previous school year’s allocation.

iv. Where a Teacher is accessing STLDP, WSIB, or LTD in the current school year as a result of an absence due to the same illness or injury that continued from the previous school year and has returned to work at less than his/her FTE, the Teacher will continue to access any unused sick leave days or STLDP days from the previous school year’s allocation.

v. A partial sick leave day or short-term disability day will be deducted for an absence of a partial day.

vi. Where a permanent Teacher is not receiving benefits from another source and is working less than his/her full FTE in the course of a graduated return to work as the Teacher recovers from an illness or injury, the Teacher may use any unused sick/short-term disability allocation remaining, if any, for the Teacher’s FTE that the Teacher is unable to work due to illness or injury.

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e) Short-Term Leave and Disability Plan Top-up i. Teachers accessing STLDP will have access to any unused Sick Leave

Days from their last year worked for the purpose of topping up salary to one hundred percent (100%) under the STLDP.

ii. This top-up is calculated as follows:

Eleven (11) days less the number of sick leave days used in the most recent year worked.

iii. Each top-up from ninety percent (90%) to one hundred percent (100%) requires the corresponding fraction of a day available for top-up.

iv. In addition to the top-up bank, top-up for compassionate reasons may be considered at the discretion of the board on a case by case basis. The top-up will not exceed two (2) days and is dependent on having two (2) unused Short Term Paid Leave Days in the current year. These days can be used to top-up salary under the STLDP.

v. When Teachers use any part of an STLDP day they may access their top up bank to top up their salary to one hundred percent (100%).

f) Sick Leave and STLDP Eligibility and Allocation for Teachers in a Long Term Occasional Assignment

Notwithstanding the parameters outlined above, the following shall apply to Teachers in a Long Term Occasional assignment:

i. Teachers in a Long Term Occasional assignment of a full school year will be allocated eleven (11) days of sick leave at 100% of regular salary, and one hundred and twenty (120) short-term disability days at the start of the assignment. Teachers who are less than full-time shall have their STLDP allocation pro-rated. Teachers eligible to access STLDP shall receive payment equivalent to ninety percent (90%) of regular salary.

ii. Teachers in Long Term Occasional assignment of less than a full year, and/or less than full-time, shall have their allocation of sick leave and STLDP prorated on the basis of the number of work days in their Long Term Occasional assignment compared to one hundred and ninety-four (194) days in accordance with the allocation in (i) above.

iii. Where the length of the Long Term Occasional assignment is not known in advance, a projected length must be determined at the start of the assignment in order for the appropriate allocation of sick

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leave/STLDP to occur. If a change is made to the length of the assignment or the FTE, an adjustment will be made to the allocation and applied retroactively.

iv. A Long Term Occasional Teacher who works more than one LTO assignment in the same school year may carry forward Sick leave and STLDP from one LTO assignment to the next, provided the assignments occur in the same school year.

g) Administration i. The Board may require medical confirmation of illness or injury to

substantiate access to sick leave or STLDP. Medical confirmation may be required to be provided by the Teacher to access sick leave or STLDP.

ii. The Board may require information to assess whether an employee is able to return to work and perform the essential duties of his/her position. Where this is required, such information shall include his/her limitations, restrictions and disability related needs to assess workplace accommodation as necessary (omitting a diagnosis).

iii. A board decision to deny access to benefits under sick leave or STLDP will be made on a case-by-case basis and not based solely on a denial of LTD.

iv. The employer shall be responsible for any costs related to independent third party medical assessments required by the employer.

C8.00 CENTRAL LABOUR RELATIONS COMMITTEE

C8.1 OPSBA, the Crown and ETFO agree to establish a joint Central Labour Relations Committee to promote and facilitate communication between rounds of bargaining on issues of joint interest.

C8.2 The parties to the Committee shall meet within sixty (60) days of the completion of the current round of negotiations to agree on Terms of Reference for the Committee.

C8.3 The Committee shall meet as agreed but a minimum of three (3) times in each school year.

C8.4 The parties to the Committee agree that any discussion at the Committee will be on a without prejudice and without precedent basis, unless agreed otherwise.

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C9.00 MINISTRY/SCHOOL BOARD INITIATIVES

ETFO will be an active participant in the consultation process to develop a Ministry of Education PPM regarding Ministry/School Board Initiatives.

C10.00 DIAGNOSTIC ASSESSMENT

a) For the purposes of C10.00, the term “Teachers” shall include Occasional Teachers.

b) Teachers shall use their professional judgement as defined in C2.5 above. The parties agree that a teacher’s professional judgement is the cornerstone of assessment and evaluation.

c) Teachers’ professional judgement is further informed by using diagnostic assessment 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 judgements on student learning during the learning cycle.

i. Boards shall provide a list of pre-approved assessment tools consistent with their Board improvement plan for student achievement and the Ministry PPM.

ii. 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.

d) The results of diagnostic assessments shall not be used in any way in evaluating teachers. No teacher shall suffer discipline or discharge as a consequence of any diagnostic assessment results.

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C11.00 STATUTORY LEAVES OF ABSENCE/SEB

C11.1 Family Medical Leave or Critically Ill Child Care Leave

a) Family Medical Leave or Critically Ill Child Care leaves granted to a permanent teacher or long-term occasional teacher under this Article shall be in accordance with the provisions of the Employment Standards Act, as amended.

b) The teacher will provide to the employer such evidence as necessary to prove entitlement under the Employment Standards Act.

c) 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.

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

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

f) In order to receive pay for such leaves, a teacher must access Employment Insurance and the Supplemental Employment Benefit (SEB) in accordance with g) to j), 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 disability plan.

Family Medical Leave or Critically Ill Child Care Leave Supplemental Employment Benefits (SEB)

g) The Employer shall provide for permanent teachers and long-term occasional teachers who access such Leaves, a SEB plan to top up their E.I. Benefits. The 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 the difference between the gross amount the teacher receives from E.I. and their regular gross pay.

h) Long Term Occasional Teachers are eligible for the SEB plan with the length of the benefit limited by the term of the assignment.

i) SEB payments are available only to supplement E.I. benefits during the absence period as specified in this plan.

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j) 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.

C11.2 Pregnancy Leave

a) The Employer shall provide for permanent and long-term occasional teachers

a SEB plan to top up their E.I. Benefits. The teacher who is eligible for such

leave shall receive 100% of salary for not less than (8) weeks of pregnancy

leave less any amount received under the Employment Standards Act during

such period. There shall be no deduction from sick leave or the Short Term

Leave Disability Program (STLDP).

b) Teachers not eligible for employment insurance benefits or the SEB plan 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 STLDP.

c) Teachers filling a long-term assignment shall be entitled to the benefits

outlined in a) above, with the length of the SEB benefit limited by the term of

the assignment.

d) Teachers on daily casual assignments are not entitled to pregnancy leave

benefits unless they were previously entitled under the provisions of the

2008-12 collective agreement or the last collective agreement concluded

between the parties.

e) The teacher must provide the Board with proof that 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.

f) Eligible teachers shall receive the pregnancy leave benefits herein for the

entire eight (8) week period throughout the course of the entire calendar

year regardless of whether the teacher would otherwise be required to work

during the eight (8) week period (i.e. during summer, March and Christmas

breaks etc.). Payment shall be made to the teacher in accordance with the

Board’s payroll procedure.

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

have access to sick leave and the STDLP.

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h) If a teacher begins pregnancy leave while on an approved leave from the

employer, the above pregnancy leave benefits provisions apply.

C12.00 CLASS SIZE/STAFFING LEVELS

The board will make every effort to limit FDK/Grade 1 split grades where feasible.

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APPENDIX A – RETIREMENT GRATUITIES

A. Sick Leave Credit-Based Retirement Gratuities

1) A Teacher is not eligible to receive a sick leave credit gratuity after August 31, 2012, except a sick leave credit gratuity that the Teacher had accumulated and was eligible to receive as of that day.

2) If the Teacher is eligible to receive a sick leave credit gratuity, upon the Teacher’s retirement, the gratuity shall be paid out at the lesser of,

a) the rate of pay specified by the board’s system of sick leave credit gratuities that applied to the Teacher on August 31, 2012; and

b) the Teacher’s salary as of August 31, 2012.

3) If a sick leave credit gratuity is payable upon the death of a Teacher, the gratuity shall be paid out in accordance with subsection (2).

4) For greater clarity, all eligibility requirements must have been met as of August 31, 2012 to be eligible for the aforementioned payment upon retirement, and the Employer and Union agree that any and all wind-up payments to which Teachers without the necessary years of service were entitled to under Ontario Regulation 01/13: Sick Leave Credits and Sick Leave Credit Gratuities, have been paid.

5) For the purposes of the following boards, despite anything in the board’s system of sick leave credit gratuities, it is a condition of eligibility to receive a sick leave credit gratuity that the Teacher have ten (10) years of service with the board:

i. Near North District School Board ii. Avon Maitland District School Board

iii. Hamilton-Wentworth District School Board iv. Limestone District School Board

B. Other Retirement Gratuities

A Teacher is not eligible to receive any non-sick leave credit retirement gratuity (such as, but not limited to, service gratuities or RRSP contributions) after August 31, 2012.

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LETTER OF AGREEMENT #1

BETWEEN


(hereinafter called ‘OPSBA’)

AND

The Elementary Teachers’ Federation of Ontario (hereinafter called the ‘ETFO’)

RE: Sick Leave

The parties agree that any current collective agreement provisions and/or Board policies/practices/procedures related to Sick Leave that do not conflict with the clauses in the Sick Leave article in the Central Agreement shall remain as per August 31, 2014.

Such issues include but are not limited to:

1. Requirements for the provision of an initial medical document.

2. Responsibility for payment for medical documents.

The parties agree that attendance support programs are not included in the terms of this Letter of Agreement.

This Letter of Agreement will form part of the Central Terms between the parties and will be adopted by the parties effective upon ratification.

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BETWEEN



AND

The Elementary Teachers’ Federation Ontario (hereinafter called ‘ETFO’)

AND

The Crown

RE: Regulation 274 - Hiring Practices

The parties agree that it is critical that the process to gain long-term occasional assignments and permanent positions be fair and transparent.

1. The parties and the Crown agree that hiring for long term occasional and permanent positions shall be as set out in Regulation 274 under the Ontario Education Act. Regulation 274 remains in force.

2. The parties agree to meet to further discuss Hiring Practices (Regulation 274) within thirty (30) days of the ratification of this agreement, with a facilitator jointly selected by the parties. Such facilitated discussion to conclude by December 31, 2015.

a. The Committee shall address the following issues, including but not limited to:

i. the size of the LTO list

ii. the number of interview cycles

iii. the interview process

3. The parties agree to the following provisions for the term of this collective agreement:

a. Following the interview to the LTO List, unsuccessful candidates who make the request shall be debriefed within thirty (30) days of the interview and recommendations shall be made to help enhance professional growth that may lead to successful placement on the LTO List in the future.

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b. The local parties may, if they choose, negotiate a capped roster.

c. A relocating permanent Teacher who has been employed by a public school board in Ontario may apply to another Board to be placed on the LTO List and shall be granted an interview.

d. Where an occasional teaching assignment extends beyond the number of LTO

threshold days identified in the local collective agreement, the Board may continue the occasional teacher in the assignment if the teacher is qualified and is on the LTO list, unless the local parties have mutually agreed otherwise.

e. Information Disclosure to the Occasional Teacher Local Unit

The Board shall provide the following information to the Union, upon request, as it relates to the Long Term Occasional Teacher List, Long Term Occasional Teacher assignments, and permanent teaching positions:

i. the job posting at the time the posting is circulated in the system;

ii. the job number/position title and the list of any applicants for the posting within three (3) weekdays following the closing of the posting;

iii. names of successful applicants.

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BETWEEN



AND

The Elementary Teachers’ Federation of Ontario (hereinafter called ‘ETFO’)

RE: Occasional Teacher Ability to Lock the Classroom Door

School boards will achieve the compliance level regarding Occasional Teacher ability to lock and unlock the classroom door as set out in the Provincial Model for a Local Police/School Board Protocol (2015) by December 31, 2015. ETFO may raise the failure to comply with the Central Labour Relations Committee.

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BETWEEN



AND


RE: Employment Insurance (E.I.) Rebate

The parties agree that where the E.I. rebate is used to fund extended health care benefits, it is connected to the central issue of benefits, and is therefore status quo for this round of bargaining.

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BETWEEN



AND


AND

The Crown

RE: Special Education Committee

The parties agree to establish a committee comprised of representatives from ETFO, the Ministry of Education and school board leadership in the area of special education. Additional representatives may be invited as resources to the committee as needed. The committee will discuss current issues as identified by the parties related to supporting students with special education needs. The committee shall meet regularly commencing no later than November 30, 2015 and recommendations will be made to the Minister of Education by April 30, 2016. Terms of reference will be jointly developed to inform the scope of discussions and recommendations.

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BETWEEN

The Ontario Public School Board Association (hereinafter called ‘OPSBA’)

AND

The Elementary Teachers’ Federation of Ontario (hereinafter called the ‘ETFO’)

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 contemplated by this Letter of Agreement, all references to life, health and dental benefits in the applicable local collective agreement shall be removed from that local agreement.

The employee representatives, the employer representatives, and the Crown, shall establish an ETFO Employee Life and Health Trust (ELHT), (hereinafter, the “Trust”), to provide benefits to teachers and other education workers in the Province of Ontario in accordance with section 144.1 of the Income Tax Act (Canada) (“ITA”). School board benefit plans, herein referred to as the ‘benefit plans’ can only be moved into the Trust, such that 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, and that benefit plans will participate in this Trust no later than August 31, 2017. The date on which a benefit plan commences participation in the Trust shall be referred to herein as the “Participation Date”. The Trustees, as defined in 2.1.0, shall cooperate with other Trusts and school boards (hereinafter, the “Board”) 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 both within and beyond the term of the current collective agreement. This letter of understanding 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 and will remain in effect until August 31, 2020.

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1.0.0 PRINCIPLES

1.1.0 The Trust will be governed by trustees appointed by the ETFO and trustees appointed by OPSBA and the Crown acting together;

1.2.0 The Trust will be responsible for the delivery of benefits on a sustainable, efficient and cost effective basis;

1.3.0 Services provided by the Trust to be available in both official languages, English and French; and

1.4.0 Other employee groups in the education sector may join the Trust in accordance with s. 3.1.1 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 2.1.0, will develop an affordable and sustainable benefits plan that is based on the funding available to the employee groups.

2.0.0 GOVERNANCE

2.1.0 Board of Trustees

2.1.1 The Board of Trustees will be comprised of 9 voting members that include 5 employee representatives and 4 employer representatives. The Board of Trustees will include among its members two independent experts, one representing the employer representatives and one representing the employee representatives. The employee representatives will be responsible for the appointment and termination of the employee Trustees, and the employer representatives will be responsible for the appointment and termination of the employer Trustees. The independent experts shall be consulted during the development of the initial plan but shall have no vote on that plan.

2.1.2 The appointed independent experts will:

a) Come from outside of the following organizations: the Trust, the shared services office supporting the Trusts, the federations, the school boards and the Government;

b) Have no conflict of interest in their role as trustee on the Benefit Plan Trust; and

c) Be accredited from one of the following fields: actuarial science, law or, Certified Employee Benefit Specialist (CEBS) or accounting, and have demonstrated experience with employee benefit plans.

2.1.3 All voting requires a simple majority to carry.

2.1.4 Each Trustee will have an initial term of three years. Terms may be renewed twice, subject to a maximum tenure of nine years. A succession plan will be

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designed for the Trustees so that the terms of no more than three Trustees expire in any twelve month period.

3.0.0 ELIGIBILITY and COVERAGE

3.1.0 The following ETFO represented employees are eligible to receive benefits through this Trust:

3.1.1 The Trust will maintain eligibility for ETFO represented employees who are covered by the Local Collective Agreement (“ETFO represented employees”) and currently eligible for benefits in collective agreements. The Trust will also be permitted to provide coverage to other 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 or school authority. 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 an affordable plan based on the level of funding that the group brings to the Trust.

3.1.2 Retirees who were, and still are, members of a Board benefit plan at August 31, 2013 based on the prior arrangements with the Board.

3.1.3 Retirees who became members of a Board benefit plan after August 31, 2013 and before the Board participation date are segregated in their own experience pool, and the premiums are fully paid by the retirees.

3.1.4 No individuals who retire after the Board participation date are eligible.

3.2.0 Any new group that requests inclusion into the Trust, will be provided a generic branding for their respective benefits plan.

3.3.0 The benefit plan may provide coverage for health, life and dental benefits including accidental death and dismemberment (AD&D), medical second opinion, and navigational support, 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.

3.4.0 Each Board shall provide to the Trustees of the ETFO 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.

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4.0.0 FUNDING

4.1.0 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 4.1.2 and 4.1.3 to the Trustees of the ETFO ELHT by the last day of each month from and after the Board’s Participation Date.

4.1.2 Upon the Board’s participation date:

i) The Board shall provide to the Trust an amount of $5,100 per FTE. This funding excludes daily occasional teachers associated with 4.1.4 i) and retiree costs associated with 3.1.2 and 3.1.3.

ii) 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.

iii) For purposes of ii), the FTE positions will be those consistent with Appendix H of the Education Finance Information System (EFIS).

iv) Calculations in ii) will be subject to specified audit procedures that will be completed by the Board’s external auditors by May 15, 2016.

v) A cost per FTE reconciliation process will be completed for the year ended August 31, 2020. Based on this reconciliation process, the funding to the Trust for subsequent years shall be established based on the cost of the benefit plan in the 2019-20 school year up to a maximum of $5,100 per FTE, subject to collective bargaining starting in 2020.

4.1.3 On the participation date, the Board shall provide to the Trust an amount of $5,100 per FTE. In 2015-16, for Federation owned plans, if in aggregate, the following three triggers are met:

i) there is an in-year deficit,

ii) that the deficit described in (i) is not related to plan design changes made in the previous three (3) years,

iii) that the aggregate reserves and surpluses are less than 8.3% of total annual/costs premiums,

then the in-year deficit in i) would be paid by the Board associated with the deficit.

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4.1.4 Funding previously paid under 4.1.2 and 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.

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 affected Boards will find a similar plan for occasional teachers that is cost neutral to the Boards, recognizing inflationary cost as follows: plus 4% for 2015-16 and 4% for 2016-17.

ii. All Long-Term Occasional employees will be eligible for benefits under the Trust. 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 The Trust shall determine employee co-pay, if any.

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.).

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.

4.1.8 Should the Trust maintain an employee co-pay, the Board shall deduct premiums as and when required by the Trustees of the ETFO 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 ETFO ELHT with supporting documentation as required by the Trustees.

4.1.9 Funding for retirees shall be provided based on the costs/premiums in 2014-15 associated with those retirees described in 3.1.2 and 3.1.3. 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.

4.2.0 Start-up Costs

4.2.1 The Government of Ontario will provide: a) A one-time contribution to the Trust equal to 15% of annual benefit

costs, as defined in 4.2.2 below, to establish a Claims Fluctuation

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Reserve (“CFR”). The amount shall be paid to the Trust on or before September 1, 2016.

b) A one-time contribution of a half month’s premium cost (4.15% of annual benefit costs) to the Trust, to cover start-up costs and/or reserves.

4.2.2 The one-time contributions in 4.2.1 (i) and (ii) will be based on the actual cost

per year for benefits (i.e. claims, premiums, administration, tax, risk or profit charges, pool charges, etc.) as reported on the insurance carrier’s most recent yearly statement for the year ending no later than August 31, 2015. The statements are to be provided to the Ministry of Education.

4.2.3 The Crown shall pay to ETFO $4.0 million of the startup costs referred to in s. 4.2.1 (ii) on the date of ratification of the central agreement and shall pay to ETFO a further $3.0 million subject to the maxium amount referred to in s. 4.2.1 (ii) by June 1, 2016. The balance of the payments, if required under s. 4.2.1 (ii), shall be paid by the Crown to ETFO on or before September 1, 2016.

4.2.4 On the day the District School Boards, the Provincial Schools Authority, school authorities, and Hospital Boards hereinafter referred to as the “Board(s)” commence 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 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 Boards’ surplus will be retained by the Boards.

4.2.5 Where there are active grievances related to surpluses, deposits and/or reserves, the amount in dispute shall be internally restricted by the Board until the grievance is settled.

4.2.6 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.

4.2.7 Upon release of each Board’s IBNR and CFR by the carriers, the reserves will be retained by the applicable Boards. For the Administrative Services Only plans (ASO), a surplus (including any deposits on hand) that is equal to or less than 15% of the Boards’ annual benefit cost will be deemed to be a CFR and IBNR and will be retained by the applicable Boards upon its release by the carriers. Where a surplus (including deposits on hand) exceeds 15% of the annual benefit cost, the remaining amount will be apportioned to the Boards and the Trust based on the employers’ and employees’ premium share.

4.2.8 For policies where the experience of multiple groups has been combined, the existing surplus/deficit will be allocated to each group based on the following:

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a) If available, the paid premiums or contributions or claims costs of each group; or

b) Failing the availability of the aforementioned financial information by each group, then the ratio using the number of Full Time Equivalent positions (FTE) covered by each group in the most recent policy year will be used.

The methodology listed above will be applicable for each group leaving 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.

4.2.9 Boards with deficits will recover the amount from their CFR and IBNR. Any portion of the deficit remaining in excess of the CFR and IBNR will be the responsibility of the board.

4.2.10 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.

4.2.11 The Trust shall retain rights to the data and the copy of the software systems.

5.0.0 SUSTAINABILITY, EFFICIENCY AND ACCOUNTABILITY 5.1.0 Shared Services

5.1.1 ETFO agrees to adopt a shared services model that will allow other Trusts to join the shared services model. The shared services office of the Trust is responsible for the services to support the administration of benefits for the members, and to assist in the delivery of benefits on a sustainable, efficient and cost effective basis.

5.1.2 Shared administrative services will be provided by the OTIP for a period of three years from the commencement of the first participation date and will be competitively procured within 4 years from the employee representative group’s last participation date but shall be no later than August 31, 2021.

5.1.3 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.

5.2.0 Board of Trustees’ Responsibilities

5.2.1 The Board of Trustees will be responsible for the operational and financial sustainability of the Trust, including:

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a) Validation of the sustainability of the respective Plan Design; b) Establishing member contribution or premium requirements, and member

deductibles; c) Identifying efficiencies that can be achieved; d) Adopting an Investment Policy; and e) Adopting a Funding Policy.

5.2.2 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 future claims in conjunction with the fixed funding and term contained in the collective bargaining agreement;

b) Fund claims stabilization or other reserves; c) Improve plan design; d) Expand eligibility (subject to Section 3.1.2 through to 3.1.4); and e) Reduce member premium share.

5.2.3 Under the Funding Policy, actual and projected funding deficiencies 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; b) Increased member share premium; c) Change plan design; d) Cost containment tools; e) Reduced plan eligibility; and f) Cessation of benefits, other than life insurance benefits.

5.2.4 The Trustees shall adopt policies for the appointment, review, evaluation and, if necessary, termination, of their service providers.

5.2.5 The Trust shall provide “trustee liability insurance” for all Trustees. 5.3.0 Accountability

5.3.1 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 the adequacy of contributions to cover projected benefit and related costs for the Trust for a period of not less than 3 years into the future.

5.3.2 If the actuarial report projects the CFR balance to be less than 8.3% of plan expenses over a projected three year period, then a plan design change must be made to address the projected shortfall in the CFR. If the motion to adjust the plan design does not pass, the Trust will increase member share premiums to restore the balance above 8.3%.

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5.3.3 Copies of the audited financial statements and actuarial evaluation report requested in section 5.3.1, will be shared with the federation, OPSBA and the Ministry of Education.

6.0.0 TRANSITION COMMITTEE

6.1.0 A transition committee comprised of the employee representatives and the employer representatives, including the Crown, will be established to address all matters that may arise in the creation of the Trust.

7.0.0 PAYMENTS

7.1.0 The Crown will make a recommendation to the Lieutenant Governor in Council to amend the Grants for Student Needs funding regulation indicating that funding the amount provided for the benefits of the Trust must be provided to the Trust in accordance with the Letter of Agreement.

8.0.0 ENROLMENT

8.1.0 For new hires, each Board shall distribute benefit communication material as provided by the Association to all new teachers/members within a reasonable amount of time from their acceptance of employment.

8.2.0 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.

8.3.0 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.

8.4.0 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.

8.5.0 Each Board shall provide updated work status in the HRIS file a minimum of 2 weeks in advance of the leave.

9.0.0 ERRORS and OMISSIONS

9.1.0 Board errors and retroactive adjustments shall be the responsibility of the Board. 9.2.0 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.

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9.3.0 Upon request by the Trust Plan Administrator, a Board shall promptly 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.

9.4.0 The Trust Plan Administrator has the right to have their representatives review

employment records related to the administration of the Trust’s benefit program at a Board office during regular business hours upon 30 days written notice.

10.0.0 CLAIMS SUPPORT

10.1.0 Each 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.

10.2.0 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.

11.0.0 PRIVACY

11.1.0 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).

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APPENDIX A – HRIS File

Each Board shall provide to the Trustees of the ETFO ELHT directly, or provide authorization through its Insurance Carrier of Record to gather and provide to the Trustees, 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 ETFO 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 Trust

g) list of all individuals currently covered for life benefits under the waiver premium

provision

h) member life benefit coverage information

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BETWEEN



AND

The Elementary Teachers’ Federation of Ontario (hereinafter called ‘ETFO’)

RE: Status Quo Central Items

Status quo central items The parties agree that the following central issues have been addressed at the central table and that the provisions shall remain status quo. For further clarity, if language exists, the following items are to be retained as written in 2008-12 local collective agreements, subject to modifications made during local bargaining in 2013. As such the following issues shall not be subject to local bargaining or mid-term amendment between local parties. Disputes arising in respect of such provisions shall be subject to Section 43 of the School Boards Collective Bargaining Act. Issues:

1. Student Supervision 2. Central Issues as they affect Occasional Teacher Workload 3. Days to Long Term Occasional 4. Formula for Daily Rate 5. Other Direct Compensation 6. Class Size for All Grades 7. Staffing Levels 8. Teaching Principals and Vice-Principals 9. Return to the Teacher Bargaining Unit 10. Job Security 11. Preparation Time 12. Scheduling of Professional/Learning/Development, mandatory training 13. Staff Meetings

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BETWEEN

The Ontario Public School Boards’ Association (hereinafter called ‘OPSBA’)

AND


(hereinafter called ‘ETFO’)

RE: Status Quo Central Items Requiring Amendment and Incorporation

The following four central issues have not been modified during this round of collective bargaining and remain status quo. These provisions must be incorporated by local parties to align the terms of the 2012-14 MOU provisions with previously existing local terms. Below please find specific direction for local parties to ensure that the entirety of the provision is contained in the collective agreement, eliminating the need to refer to previous source documents.

1. Short Term Paid Leaves

2014-17 collective agreement terms shall incorporate the short term paid leave of absence provisions in the 2008-12 Collective Agreement and including modifications made during local bargaining in 2013, that utilized deduction from sick leave, for reasons other than personal illness. Such leaves shall be granted without loss of salary or deduction from sick leave, to a maximum of five (5) days per school year. Provisions should reflect any local limits to these leaves that were in place. The days shall not be used for the purpose of sick leave nor shall they be accumulated from year-to-year. Short term paid leave provisions in the 2008-12 collective agreement that did not utilize deduction from sick leave remain status quo and must be incorporated into the 2014-17 collective agreement.

2. Workplace Safety Insurance Benefits (WSIB) Top Up Benefits If Teachers/Occasional Teachers were entitled to receive WSIB top-up on August 31, 2012 deducted from sick leave, the parties must incorporate those same provisions without deduction from sick leave. The top-up amount to a maximum of four (4) years and six (6) months shall be included in the 2014-17 collective agreement.

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Employees who were receiving WSIB top-up on September 1, 2012 shall have the cap of four (4) years and six (6) months reduced by the length of time for which the employee received WSIB top-up prior to September 1, 2012.

3. Pregnancy Leave Benefits

Where superior provisions exist, as a result of the meshing of the 2012 MOU with any superior provisions that existed in the 2008-2012 collective agreements, they must be incorporated into the common central provisions in Article 11.2 of Part A of this agreement and the resulting article placed in Part B of this agreement.

4. Salary, Wages and Direct Compensation

Provisions related to salary, wages and direct compensation remain status quo to those in effect on September 1, 2014 except as amended by the Memorandum of Settlement between the parties dated November 2, 2015.

The four issues identified above shall not be subject to local bargaining or mid-term amendment by the local parties. Disputes arising in respect of such provisions shall be subject to Section 43 of the School Boards Collective Bargaining Act, 2014.

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PART B

LOCAL AGREEMENT BETWEEN:

The Peel District School Board

hereinafter called the "Board"

and


hereinafter called the "Union"

September 1, 2014 to August 31, 2017

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ARTICLE 1: PURPOSE 1.01 It is the intent and purpose of the parties to set forth in this Agreement terms and

conditions of employment, and to provide the mechanism for the prompt and equitable disposition of grievances which may arise between the parties.

1.02 It is the desire of the parties to maintain a harmonious relationship between the Board and the Union, including its Local.

ARTICLE 2: DEFINITIONS 2.01 In this Agreement, unless something in the subject matter or context is

inconsistent therewith,

a) "Agreement" means this Collective Agreement.

b) "basic salary" means a teacher’s salary, other than a Continuing Education Teacher, in accordance with Article 22 excluding allowances.

c) "continuous service" is defined as pertaining to any Teacher actively

employed by or on leave from, with or without salary, the Board or its predecessors.

d) "Director" means Director of Education.

e) "Local” means the Peel Local of the Elementary Teachers’ Federation of Ontario.

f) “Ministry” means the Ministry of Education and Training or its predecessors. g) "occasional teacher" means an occasional teacher as defined by the

Education Act. h) "part-time Teacher" means a part-time Teacher as defined by the Education

Act. i) “party” shall mean the Union or the Board. j) "probationary Teacher" means a probationary Teacher as defined by Article

8 of this Agreement. k) "Secretary" means Secretary of the Board.

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l) "sick leave credit" means a sick leave credit entitling a Teacher or part-time Teacher to payment of salary or part-time salary respectively for each day under the provisions of this Agreement during absence from duty for illness.

m) "Teacher" means a Teacher as defined by the Education Act who is

employed by the Board in the bargaining unit described in Article 3.01. n) "teaching experience" means experience in teaching in Canada on a

permanent or probationary basis or such other experience in teaching that a Board in its discretion considers equivalent thereto, but shall not include experience as a lecturer or tutor during the time a Teacher is an undergraduate student.

o) "temporary Teacher" means a person employed to teach under the authority

of a letter of permission. p) “Union” means the bargaining agent defined in Article 3.02. q) "Start Date" means the Start Date as defined in Articles 15.03 and 15.10 of

the Agreement. 2.02 "Teacher's Certificate" shall be defined as: a) Ontario Teacher's Certificate; OR b) the equivalent thereof. ARTICLE 3: SCOPE AND RECOGNITION 3.01 During the effective period of Part B of this Agreement its terms shall be applicable

to all Teachers in the Board’s elementary Teachers’ bargaining unit for those other than occasional teachers, as defined by Part X.1 of the Education Act, as amended from time to time.

3.02 The Board recognizes the Elementary Teachers’ Federation of Ontario as the bargaining agent for all Teachers in the bargaining unit described in Article 3.01.

3.03 Part B of this Agreement and its Appendices shall constitute the entire locally

negotiated agreement between the parties and shall supersede all previous agreements.

3.04 Amendments to Part B of this Agreement shall be made only by mutual agreement

in writing of the Board and the Union, after ratification by the Union and the Board.

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Representation 3.05 In negotiations for the renewal of this Agreement the Union shall be represented

by a Negotiations Committee consisting of not more than twelve (12) of which not more than six (6) may attend a negotiation meeting with the Board. The Union shall notify the Board in advance regarding the identity of the persons on its Negotiations Committee and the Board shall not be required to recognize any person in this capacity until so notified.

3.06 In negotiations for the renewal of this Agreement the Board shall be represented

by a Negotiations Committee consisting of not more than seven (7) representatives of the Board. The Board shall notify the Union in advance regarding the identity of the persons on its Negotiations Committee and the Union shall not be required to recognize any person in this capacity until it has been so notified.

3.07 The parties mutually recognize the right of the other party to obtain and utilize

such advice and assistance as they may require in the course of collective bargaining negotiations.

3.08 Local Officers a) The Board agrees to permit the equivalent of ten (10) Teachers appointed

by the Teachers of Peel, of which four (4) shall be fixed, to be exempted for the term of this contract from teaching duties.

Costs for these appointments will be assumed by the Local based on the

following: i) For the President, the 1st Vice-President, the 2 Vice-Presidents, and the

Chief Negotiator, the Local shall pay the cost of the salary and benefits of the replacement Teacher, based on a salary of Category 6 (A3), Step 0, and the Board shall pay the cost of the Teachers on leave.

ii) For the other Teachers appointed under this clause, the Local shall pay

the actual cost of the salary and benefits of the Teacher on leave, and the Board shall pay the cost of the replacement Teacher.

b) The Board agrees to permit paid Federation release time for up to two (2)

Teachers for purposes of negotiations (including any proceedings under the Labour Relations Act) with the Board and for this purpose the Local agrees to compensate the Board at the current qualified supply teacher rate.

c) The Board agrees to permit paid Federation release time for Local

representatives to attend to Federation business at the request of the Local Executive, provided that such leave shall not interfere unduly with the Teacher's or the school's instructional programs. One designated Local representative in each school may receive up to two (2) days of paid short

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term leave each school year. The Local shall compensate the Board for such leaves at the current qualified supply teacher rate.

3.09 Union Representation The Board shall inform a Teacher of her/his entitlement, to have a representative

of the Union present when meetings involving any formal disciplinary actions are undertaken.

3.10 Data for Negotiations

Upon written request (including by e-mail), the Union shall be provided with copies of the following existing data relevant to the negotiation and administration of this agreement: a) Listings of all employees covered by this agreement, indicating their

salaries, allowances, category classification, teaching experience, seniority and employment status;

b) A scattergram showing the number of Teachers at each position on the grid;

c) Data on the Teacher complement, enrolment, and class size on a school and board-wide basis;

d) A statement of the current operating budget;

e) A statement of the current operating expenditures;

f) The general legislative grant technical paper (when available) and the detailed calculation for funding of the Peel District School Board; and

g) Information regarding the start and end times for school.

h) Listings of all acting vice-principals in the Board twice per year.

3.11 The Union understands that the Board will respond to their written request as

quickly as possible and, whenever possible, within five (5) working days. ARTICLE 4: DURATION, AMENDMENT AND RENEWAL 4.01 This Part B agreement shall come into force and take effect on the 1st day of

September, 2014 and shall remain in force until the 31st day of August, 2017 and from year to year thereafter unless notice is given by either Party prior to the expiry of this Agreement, of that party’s intention to terminate this Agreement or to negotiate revisions thereto.

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ARTICLE 5: UNION DUES AND ASSESSMENTS 5.01 During the term of this Agreement the Board agrees to deduct, from each pay of

each Teacher, the regular monthly fees, dues and Local levy as certified by the Union to be currently in effect according to the constitution and by-laws of the Union. The Union shall notify the Board in writing, at least thirty (30) days prior to the effective date of any changes, as to the amount of dues or fees currently in effect according to its constitution and by-laws.

5.02 The amount deducted in accordance with 5.01, other than any Local levy, shall

be remitted to the General Secretary of the Union at Elementary Teachers' Federation of Ontario, 136 Isabella Street, Toronto, Ontario M4Y 0B5 no later than the 15th day following the month in which the deductions are made. Any Local levy deducted in accordance with Article 5.01 shall be remitted to the Secretary/Treasurer of the Local, no later than the 15th day following the month in which the deductions were made.

5.03 The remittance to the Union shall be accompanied by a dues and submission list

showing the names of Teachers from whom deductions have been made and the amount of dues and assessments. The Board shall, where possible, provide the information in electronic form, otherwise, in written form.

5.04 The Union hereby indemnifies and saves the Board harmless with respect to all

claims, suits, attachments and any form of liability as a result of the deductions and remittance of dues and levies by the Board pursuant to this Article.

ARTICLE 6: NO STRIKES OR LOCKOUTS 6.01 The Board agrees that there shall be no lockout of Teachers and the Union

agrees that there shall be no strike, as those terms are defined by the Labour Relations Act and the Ontario School Boards Collective Bargaining Act 2014, so long as this Agreement continues to operate.

6.02 No Teacher shall be expected to perform duties carried out by non-teacher

employees of the Board should such employees be involved in strike action against the Board.

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ARTICLE 7: GRIEVANCE PROCEDURE 7.01 Definitions The following definitions shall apply in this Article: a) A "Grievance" shall be defined as any matter arising from the interpretation,

application, administration, or alleged violation of this Agreement including any question as to whether a matter is arbitrable.

b) In this Article, "days" shall mean instructional days unless otherwise

indicated. c) A "supervisor" shall mean Principal or appropriate superintendent,

whichever is the immediate supervisor of the complainant. 7.02 Step 1 – Informal Stage A problem must be brought to the attention of the supervisor within fifteen (15)

days after the Teacher becomes aware, or would reasonably be expected to have become aware, of the circumstances giving rise to a complaint. If a Teacher is unable to resolve a complaint informally, the Teacher may, with the concurrence of the Local, initiate a complaint with the Teacher's supervisor who shall answer the complaint in writing (if required) within five (5) days of receipt of the complaint.

7.03 Formal Stage a) If the Local is not satisfied with the decision regarding the complaint then the

Local may within ten (10) days take the matter up as a grievance in the following manner and sequence:

b) Step 2 The Local may initiate a written grievance through the Director of Human

Resources Support Services. The Director of Human Resources Support Services, or designate, may convene a meeting with the Local representatives and such others as required within ten (10) working days of receipt of the grievance. The decision, in writing, to the Local shall be rendered within ten (10) days following the meeting.

The grievance shall contain: i) a description of how the alleged dispute is in violation of the Agreement; ii) a statement of the facts to support such grievance, including the

specific Article(s) violated; iii) the remedy sought; and

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iv) the signature of the Teacher or Teachers concerned, and the President

of the Local or designate. Notwithstanding the above and where the Local and Board agree that it is

appropriate, a grievance may proceed directly to Step 3. c) Step 3 If the reply of the Director of Human Resources Support Services or

designate is not acceptable to the Local, a written request will be made within ten (10) days to the Board's Grievance Committee through the Director of Human Resources Support Services. The Board's Grievance Committee shall meet within twelve (12) days to deal with the grievance. The Teacher, representatives of the Local and such other persons as may be required, may be in attendance. The decision, in writing, to the Local shall be rendered within ten (10) days following the meeting.

d) Step 4 If the reply of the Board's Grievance Committee is unacceptable, the Union

may then apply for Arbitration within fifteen (15) days of the receipt of the reply.

7.04 a) A grievance arising directly between the Board and the Union may be

initiated by either the Board or the Local commencing with Step 2 of the Formal Stage, within fifteen (15) days of the occurrence complained of.

b) A grievance which arises before or at the time of the retirement or death of

a Teacher may be carried forward by the Local on behalf of the Teacher if initiated in accordance with the provisions of this article.

7.05 Grievance Mediation At any stage in the grievance procedure, the parties by mutual consent in writing

may elect to attempt to resolve the grievance by using grievance mediation. The parties shall agree on the individual to be the mediator and the time frame in which a resolution is to be reached.

7.06 Arbitration a) The party desiring arbitration shall notify the other party in writing of its desire

to submit the difference or allegation to arbitration. The grievance shall be submitted to a mutually agreed upon single arbitrator. The referring party shall include, in writing, the name of its legal counsel who shall provide suggested arbitrators. The response to the referral to arbitration shall indicate agreement to one of the proposed arbitrator(s), or indicate alternative suggested arbitrator(s). Should the parties fail to agree upon an arbitrator within five (5) days of receipt of the written notification of desire to

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move to arbitration, the appointment shall be made by the Minister of Labour upon the request of either party.

b) Upon written request of either party, the grievance shall be submitted to a

Board of Arbitration. The written request shall contain the name of the first party's appointee to an Arbitration Board. The recipient of the notice shall, within five (5) days, inform the other party of the name of its appointee to the Arbitration Board. Where two appointees are so selected, they shall, within five (5) days of the appointment of the second of them, appoint a third person who shall be the Chairperson. If the two appointees fail to agree upon a Chairperson within five (5) days, the appointment shall be made by the Minister of Labour upon request of either party.

c) The single Arbitrator or the Arbitration Board, as the case may be, shall hear

pertinent representation by the parties and/or representatives and determine the difference or allegation and shall issue a decision. The decision shall be final and binding upon the parties and upon any employee or employer affected by it. The decision of a majority is the decision of the Arbitration Board but, if there is no majority, the decision of the Chair governs.

d) The Arbitrator or Arbitration Board, as the case may be, shall not, by his or

her or its decision, add to, delete from, modify or otherwise amend the provisions of the Agreement.

7.07 Time restrictions may be extended if mutually agreed in writing. Where the time restrictions or any agreed extensions have expired: a) the Local or the Union as the case may be may proceed to the next step of

the procedure if the appropriate Board official exceeds the time allowed to act;

b) the Board may consider the grievance abandoned if the Local, Union or

Teacher exceeds the time allowed to act. 7.08 It is anticipated that the single Arbitrator or Board of Arbitration will make every

effort to render its written decision thirty (30) days from the date of the completion of the hearing of the grievance.

7.09 The single Arbitrator or Arbitration Board, as the case may be, has the powers of

an arbitrator or arbitration board under the Labour Relations Act. 7.10 The decision of an Arbitrator or the Arbitration Board is final and binding and shall

be implemented by the appropriate authorities. There is no right to appeal the decision by either party.

7.11 There shall be no reprisals of any kind taken against any person because of

participation in a grievance or complaint or arbitration procedure under this Agreement.

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7.12 Should the investigation or processing of a grievance require that an involved

Teacher be released from regular duties, the Teacher shall be released without loss of salary or benefits.

7.13 Cost of Arbitration The fees for a single Arbitrator, or a Chair of a Board of Arbitration, shall be shared

equally by the parties and such expenditures and fees shall be paid within sixty (60) days after the date of the decision of the Arbitrator.

ARTICLE 8: PROBATIONARY TEACHERS 8.01 Newly hired Teachers shall serve a probationary period of 194 school days. 8.02 a) The probationary period may be extended by the Board for a further 194

school days if the Teacher receives one or more unsatisfactory performance appraisals during the first 194 school days.

b) The probationary period may also be extended by mutual agreement of the

Board, the Union and the Teacher, pursuant to such terms and conditions as they may consider reasonable in the circumstances.

8.03 Both during and after the probationary period a Teacher must, as a condition of

employment, maintain membership in good standing in the Ontario College of Teachers.

ARTICLE 9: MANAGEMENT RIGHTS 9.01 Save and except to the extent modified or curtailed by any provisions of this

Agreement, the right to manage and conduct the business of the Board is vested exclusively and without limitation with the Board and its administration.

9.02 a) No Teacher shall be discharged, demoted, disciplined or suspended without

just cause. b) In accordance with Article 3.09, a Teacher shall have the right to have Union

representation. c) The parties agree that 9.02 a) above does not apply to: 1) assignment and transfer of Teachers; and 2) Teacher performance appraisals unless resulting in dismissal.

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d) It is recognized that a lesser standard of just cause (basic procedural fairness) applies to the discharge of probationary Teachers.

9.03 The Board agrees that it will not exercise its rights in a manner inconsistent with

the provisions of this Agreement or governing statutes, and the express provisions of this Agreement and any governing statutes constitute the only limitations upon the Board’s rights.

9.04 Personnel Files a) Only one official personnel file and confidential file(s) shall be kept for each

Teacher in the Human Resources Services Department at the H.J.A. Brown Education Centre in a secure location and confidential manner.

b) A Teacher shall have access to the Teacher’s own files. They shall be

available and open to the Teacher for inspection in the presence of a Board Human Resources Department officer at a mutually convenient time during the regular working hours of the department.

c) If a Teacher disputes the accuracy of information of a disciplinary or

negative nature in the file the Teacher may make a written request to the Director of Human Resources Support Services, stating the alleged inaccuracy. Such request must be made within fifteen (15) days of the date the Teacher becomes aware or ought reasonably to have become aware of the document. The Director may in his or her sole discretion confirm or amend the information in the file and shall notify the Teacher in writing of the decision. Such decision shall be provided within thirty (30) days of the Teacher's request. Where the Board amends such information, at the request of the Teacher the Board shall attempt to notify the parties who received the inaccurate document, by providing them with an amended copy. Where the Board does not amend such information, a Teacher shall be entitled to provide a statement for inclusion in her/his personnel file(s), dealing with the disagreement about the accuracy of information contained within the personnel file(s).

d) Upon written request of the teacher to the Director of Human Resources,

documents contained in the teacher's personnel file which are disciplinary in nature and all supporting documents shall be removed from the file two (2) years after their date of issue, unless further similar disciplinary action has occurred in that period.

Notwithstanding the foregoing, disciplinary materials regarding suspensions, harassment or violence, or any discipline related to physical, emotional or psychological harm to students or other employees of the Board will remain in a teacher's file.

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e) A Teacher shall be entitled upon request to copies of any materials contained in his/her personnel file, upon payment of any reasonable charges the Board may levy.

f) Notwithstanding Article 9.04 b), where a Teacher authorizes in writing access

to his/her files by another person acting on the Teacher’s behalf, the Board shall provide such access. Copies shall be provided to such representative in accordance with Article 9.04 e).

9.05 Criminal Record Checks a) The Board shall ensure that all records and information (including offence

declarations and C.P.I.C. records) obtained pursuant to Regulation 521/01 as amended of the Education Act, or any subsequent regulation or law dealing with the same matter, are stored in a secure location and in a confidential manner. Normal, daily access to such records and information shall be limited to the Director of Human Resources Support Services and those personnel designated by the Director. The Director shall, upon request, advise the Local of the names of those so designated. Such personnel shall not be members of the Local.

b) The Board shall not release any information about a Teacher obtained

pursuant to Regulation 521/01 as amended, or any subsequent regulation or law dealing with the same subject matter, except for the purpose of exercising its legal rights or obligations.

c) The Board shall consult with the Local regarding any changes to the Board's

policy or operating procedures with respect to criminal record checks and any changes the Board makes to the offence declaration form.

9.06 Consultation Should the Board contemplate any major changes in the staffing and delivery of

elementary programs on a permanent or trial basis, it will consult with and consider input that the Local may wish to provide in respect of such changes.

ARTICLE 10: PREGNANCY/PARENTAL LEAVES 10.01 Pregnancy/Parental Leaves a) Pregnancy Leave of Absence of up to 17 weeks shall be available to a

Teacher in accordance with the terms of the Employment Standards Act. For the purpose of clarity, it is agreed that these Leaves apply to all Teachers who have started employment with the Board at least thirteen (13) weeks before the expected birth date.

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b) Pursuant to the terms of the Act, a Teacher should notify the Principal of the pregnancy and submit an application for leave along with a medical certificate verifying the pregnancy and indicating the day on which delivery is expected. This should be submitted as soon as possible but no later than two (2) weeks prior to the commencement of the leave.

c) Pregnancy Leave shall commence in accordance with the terms of the

Employment Standards Act. d) Pregnancy Leave shall be granted to a Teacher who stops work because of

complications caused by her pregnancy or because of a birth, still birth or miscarriage that happens earlier than the Teacher was expected to give birth, with no advance application. Such a Teacher must, within two (2) weeks after she ceased work, provide the Board with a medical certificate stating that she was not able to perform her duties because of complications arising from her pregnancy and giving the estimated day of delivery or the actual date of her delivery, still birth or miscarriage.

e) i) The Pregnancy Leave of a Teacher who is entitled to take Parental

Leave ends seventeen (17) weeks after the pregnancy leave began. ii) The Pregnancy Leave of a Teacher who is not entitled to take Parental

Leave ends on the later of the day that is seventeen (17) weeks after the Pregnancy Leave began or the day that is six (6) weeks after the birth, still-birth or miscarriage.

iii) The Pregnancy Leave of a Teacher ends on a day earlier than the day provided for in subsection i) or ii) if the Teacher gives the Board at least four (4) weeks written notice of that day.

f) A Teacher who has been employed by the Board for at least thirteen (13)

weeks and who is a parent, as defined by the Employment Standards Act, of a child is entitled to a Parental Leave, in accordance with the Employment Standards Act, following the birth of the child or the coming of the child into the employee's custody, care and control for the first time. The Teacher may begin the Parental Leave no later than fifty-two (52) weeks after the date the child is born or comes into the Teacher's custody, care or control for the first time. However, an employee who has taken a Pregnancy Leave must begin her Parental Leave when her Pregnancy Leave ends unless the child has not yet come into her custody, care and control for the first time.

The statutory portion of an employee's Parental Leave shall end no later than thirty-five (35) weeks after it began if the employee also took Pregnancy Leave, and no later than thirty-seven (37) weeks after it began otherwise.

Teachers planning to take a Parental leave should inform the Board three

(3) months in advance but in any event at least two (2) weeks in advance of the date on which the leave will begin.

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Should a Teacher plan to take Parental Leave for the purpose of adoption, it is understood that it may be necessary to begin the leave immediately upon the child coming into the care, custody and control of the parent.

g) Following the Teacher's return to duty from the statutory portion of the

pregnancy/parental leave, the Teacher shall be assigned to the same position at the same school, where possible, or failing that, an equivalent position to that which was held at the commencement of the Leave, or any other employment mutually agreed to by the Teacher and the Board, subject to Article 14.

h) Extended Parental Leave i) For Teachers with one year of active service with the Board, the

Parental Leave may be extended beyond the aforesaid thirty-five (35) or thirty-seven (37) week period as a Leave of Absence Without Pay to a cumulative total of three (3) years, subject to ii) and iii) below.

ii) Extensions within the first or second academic year shall coincide with

the following dates: September 1st to December 31st, January 1st to August 31st, September 1st to August 31st, or at a time designated by the Board nearest the March break.

iii) Extended Parental Leave without pay, beyond the first or second

academic year as provided for in i) and ii) above, may be provided to either parent, subject to the following:

A) Where both parents are employed by the Board, such Extended

Parental Leave shall be provided to one parent only; B) Such further extensions shall only be approved so as to expire at

the end of an academic year; C) The cumulative total of such Extended Parental Leave and the

leaves provided for in paragraph 10.01 h) i) and ii) shall in any event not exceed three years; and

D) Such Extended Parental Leave must be applied for by April 30th

for the following September 1st. i) Salary and Benefits during Pregnancy/Parental Leave i) Except as provided for in Part A C11.2, Teachers on Pregnancy Leave,

Parental Leave, or extended leaves under Article 10.01 h) shall not be paid a salary or Teacher benefits during the period of Leave of Absence. Such a Teacher may retain his/her membership in any plan under Article 26 by paying full premiums applicable subject to the rights of the insurer.

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ii) During the statutory portion of the Pregnancy Leave, and/or Parental Leave as provided by the Employment Standards Act, the Teacher shall continue to participate in each benefit plan under Article 26 unless the Teacher elects in writing not to do so. Only one such election shall be permitted during each Pregnancy and/or Parental Leave. Unless such election is made, during such Pregnancy Leave or Parental Leave the Board shall continue to make the employer's normal contributions for any such benefit plans. Such benefits will be subject to the rights of the insurer.

j) When the Teacher reports for work upon the expiration of the Leave, the

Board shall permit the Teacher to resume work with no loss of seniority accrued to the completion of the statutory Pregnancy and/or Parental Leave and no loss of benefits accrued to the commencement of the statutory Pregnancy and/or Parental Leave.

k) A Teacher on Pregnancy and/or Parental Leave is considered to be an

employee of the Board and may not accept employment with another Board except for short term occasional assignments, either during the Leave or at its conclusion, unless the Board has accepted the Teacher's resignation.

ARTICLE 11: TEACHER FUNDED LEAVES 11.01 a) Description Teacher Funded Leave Plans have been developed to afford Teachers the

opportunity of taking a one (1) school year Leave of Absence; and through deferral of salary, finance the Leave.

The duration of the Leave shall be for one (1) year, or two (2) years (the first

year is the Teacher Funded Leave and the second year is an Unpaid Leave of Absence).

In circumstances where the Teacher has requested a two (2) year Leave

and taking the Unpaid Leave of Absence in the second year would cause personal hardship, a Teacher, upon written notice to the Director of Human Resources, may withdraw from the second year of the Leave anytime up to January 31st in the school year prior to the commencement of the second year of Leave.

b) Eligibility Any Teacher who has at least three (3) years seniority with the Board at the

time of application is eligible to participate in one of the Plans. A Teacher shall have five (5) years continuous teaching with The Peel

District School Board before going on a Teacher Funded Leave.

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c) Application and Approval i) A Teacher wishing to participate in one of the Plans must make written

application to the Director of Human Resources Support Services on or before January 31st requesting permission to participate in the Plan.

ii) All Teachers wishing to participate in the Plan shall be required to sign

a Memorandum of Agreement supplied by the Board before final approval for participation will be granted (Appendix A).

iii) Selection of Teachers for one of the Plans shall be made by the Director

of Human Resources or designate and the President of the Local or designate.

iv) No more than one hundred and fifty (150) Teachers shall be

recommended for participation in the Plan in any one year. v) No more than one hundred and fifty (150) Teachers may take their

Leave in any one year. vi) Written acceptance, or denial, of the Teacher's request, with

explanation, will be forwarded to the Teacher by May 1st in the school year the original request was made.

d) Benefits i) While a Teacher is enrolled in either Plan, and not on leave, any benefit

tied to salary level shall be structured according to the salary the Teacher would have received had he/she not been enrolled in either Plan.

ii) A Teacher while on leave under Article 11 may elect to continue the

non-statutory benefits coverage outlined in Article 26, however, the premium cost of all benefits, during the year of the Leave, shall be paid by the Teacher.

iii) While on Leave, any benefits tied to salary level shall be structured

according to the salary the Teacher would have received in the year prior to taking the Leave had the Teacher not been enrolled in either Plan.

iv) Sick Leave Credits shall be accumulated during the year of the Leave. v) Ontario Teachers' Pension Plan deductions are to be continued as

provided by the current ruling of the Ontario Teachers' Pension Plan Board.

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e) Return From Leave Following the Teacher's return to duty there shall be an increment

adjustment which acknowledges the year of experience prior to taking the Leave.

f) Withdrawal From the Plan - Repayment i) A Teacher may withdraw from either Plan any time prior to January 31st

of the calendar year in which the Leave is to be taken. Any exceptions to the aforesaid shall be at the discretion of the Board.

ii) Teachers declared Surplus to Region and who are not subsequently

recalled as specified in Article 14, must withdraw from either Plan. iii) A) Should a Teacher apply to withdraw from either Plan, the Teacher

shall be paid a lump sum adjustment equal to any monies deferred plus interest accrued to the date of withdrawal from the Plan. Repayment shall be made as soon as possible but in any case within thirty (30) days of the Teacher's application to withdraw from the Plan, or otherwise if a Teacher and the Board so mutually agree. A cancellation fee of $25.00 shall be deducted from the first payment to the Teacher.

B) This cancellation fee shall not apply to any Teacher who

withdraws from either Plan as per Article 11.01 i) i). C) The Board and the Union assume no responsibility for any

consequences arising out of the implementation of these plans related to the effect on a Teacher's pension benefits or income tax implications.

g) Teacher Funded Leave - Deferred i) In each year of the Plan preceding the year of the Leave, a Teacher will

be paid a reduced percentage of his/her grid salary and any applicable allowances. The remaining percentage of total salary will be deferred and this accumulated amount plus any interest earned shall be retained by the Board to be paid to the Teacher in the year of the Leave.

ii) The calculation of interest under the terms of this Plan shall be done

monthly (not in advance). The interest paid shall be calculated by averaging the interest rates in effect on the last day of each month for a True Savings

ii) Account, a one (1) year Term Deposit, a three (3) year Term Deposit

and a five (5) year Term Deposit. The rates for each of the accounts identified will be those quoted by the bank with which the Board deals.

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iii) Interest will be paid on the Teacher's money during the Leave year on a one time calculation made on August 15th based on deposit at mid point of Leave using the interest rate in ii) above.

iv) In the year of the Leave, the Board shall pay to the Teacher the total

money deferred plus all accrued interest. v) The Board shall deduct from this amount any monies required for

Income Tax, Employment Insurance, and Canada Pension Plan. vi) Payment shall be made to the Teacher in accordance with the

provisions of Article 24.05 a). h) Teacher Funded Leave - Holdback i) Deductions are to be made as a percentage of the Total Salary of the

Teacher for each pay period prior to the Leave. ii) The Board shall make an additional deduction of the minimum amount

required to permit contribution to the Ontario Teachers' Pension Plan for the year immediately preceding the Leave.

iii) The salary held back by the Board shall be placed in a Trust Account

in the Ontario Educational Credit Union Limited in the Teacher's name.

iv) At the commencement of the Leave, the Board shall authorize the

Credit Union to release the Trust Account to the Teacher. v) The Board shall pay a salary equal to the amount deducted in 11.01 h)

ii) to each Teacher on this Leave Plan on the first salary payment date for the period of the Leave.

i) Other i) In the event that a suitable replacement cannot be found for a Teacher

who has been granted a Leave, the Board may defer the year of the Leave. In this instance the Teacher may choose to remain in either Plan or receive repayment as outlined in f) iii).

ii) Should i) i) result in a Leave of Absence being taken past the final year

of the Teacher's Plan, any monies shall continue to accumulate interest until the Leave of Absence is granted.

iii) Should the Teacher elect to take the Leave in any year prior to the final

year of the Plan as set out in the "Memorandum of Agreement, Re: Teacher Funded Leave Plan" the Teacher must make application for such change before January 31st of the year of the proposed Leave. Upon approval of the Board for this request, the Teacher shall be paid,

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during the year of the Leave, any monies deferred plus interest accrued. The method of payment to the Teacher shall be in accordance with the schedule set out in Article 24.05 a).

iv) Should a Teacher die while participating in either Plan, any monies

accumulated, plus interest accrued at the time of death will be paid to the Teacher's designated beneficiary or if no beneficiary is designated, to the estate.

ARTICLE 12: ASSIGNMENTS AS VICE-PRINCIPAL OR PRINCIPAL 12.01 Temporary Assignments

A Teacher who is placed in an acting position as a vice-principal or principal on a temporary basis for a period of up to a maximum of eighteen (18) months, during a period of two (2) consecutive school years, shall continue as a member of the bargaining unit and shall continue to accumulate seniority and shall be obligated to pay union dues in accordance with this Agreement during the acting assignment. Upon termination of the acting position, the Teacher shall return to the Teacher’s previous assignment, or if redundancies have occurred in the interim, such other assignment in accordance with Article 14.

a) Temporary Appointments to Positions of Greater Responsibility

A Teacher who is appointed to a temporary or acting position of greater responsibility than he/she currently holds shall be compensated as per Board Policy 38.

Teacher-in-Charge 12.02 Teacher-in-charge is a voluntary position of additional responsibility and shall be

determined by mutual agreement of the Teacher and a Principal, Vice-Principal or desingate.

12.03 A Teacher-in-charge shall be designated for any portion of an instructional day

when there is no administrator on-site. This will be communicated to all staff at the school.

12.04 When a Teacher-in-charge is appointed for a full school day, a qualified

occasional teacher shall be hired to assume the normal responsibilities of that teacher, provided one is available.

12.05 A Teacher-in-charge shall be provided with a written outline of the duties and

responsibilities of the role in the form of the Teacher-In-Charge Handbook. Contact information for the Principal, Vice-Principal, or designate shall be provided.

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12.06 A Teacher-in-charge shall not assume responsibilities associated with the evaluation and supervision of Teachers.

ARTICLE 13: STAFF ALLOCATION COMMITTEES 13.01 Elementary Joint Staffing Committee The Elementary Joint Staffing Committee (E.J.S.C.) shall be maintained with the

following Terms of Reference: a) The Committee shall consist of four (4) representatives from the Local:

President of the Local or designate; Collective Bargaining Chairperson of the Local; and Two (2) additional representatives appointed by the Local.

and four (4) members of the Administration:

Director of Human Resources Support Services or designate; A Superintendent of Education or designate; and Two (2) additional representatives appointed by the Board;

and two (2) non-voting half-time Resource Officers. The members of the

Committee shall be appointed by their respective authorities by June 30th. b) The Committee or its representative(s) may survey Teachers as required in

order to acquire any needed information. c) Any information (including but not limited to funding, projected enrolments,

in-school staff data, and other staffing information) required by the Committee shall be provided by the Administration.

d) The Committee shall have regular meetings and/or meetings as required by

the Chair. e) The Committee shall issue reports for and/or make recommendations to the

Board and/or the Local at such times as are deemed appropriate. The distribution and interpretation of all Committee material shall be the prerogative of the Committee.

f) The Committee may present a joint report or if agreement is not present, a

split report. g) A staffing formula (for the Region) shall be recommended to the Board

prior to the date upon which the Board strikes its budget for implementation in the following September, based on:

i) January 31st enrolment projections;

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ii) all specifically designated elementary staffing grants received from the province for elementary teachers.

h) The Committee is prepared to act as a neutral research resource to both the

Local’s Negotiations Committee and Board’s Negotiations Committee and its Human Resources and Negotiations Advisory Committee.

i) The Director of Human Resources Support Services, in consultation with the

Committee, shall determine the allocation of the Regional pool of teachers. j) The Committee shall assess its terms of reference as required and make

recommendations to the Board’s and the Local’s Negotiations Committees. k) The Committee shall work in concert with Planning and Accommodation

Support Services for long range planning. l) Two half-time Teacher allocations will be named by the Committee hiring

team and approved by the Board by June 30th of the current year, to be exempt from full-time teaching duties as of the following September. The payment of the full regular salaries of the person(s) named will be assumed by the Board. Such individuals shall act as a resource and perform such work as may be required by the E.J.S.C. One of these Teachers shall act as Chair of the E.J.S.C.

m) The Committee shall be responsible for informing the system of the

Elementary Staff Allocation Model. n) The Committee shall recommend class size averages and class size ranges

for each elementary division. o) The Committee shall monitor and review class sizes to ensure that the

average class size meets the legislative requirements. In the event any classes exceed its recommended class size ranges, the Committee shall investigate the reasons. The Committee may issue reports and recommendations in this regard in accordance with paragraph (e) above.

p) The Superintendent of Curriculum and Instruction Support Services and the

Superintendent of Special Education Support Services shall advise the Committee annually with respect to the allocation of library, guidance, ESL, and special education teachers.

q) The Director of Human Resources Support Services or designate shall

advise the Elementary Joint Staffing Committee on an annual basis of the names, allocation, and location of ETFO members in locations other than schools.

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13.02 IN-SCHOOL STAFFING ADVISORY COMMITTEE a) Each school shall have an In-school Staffing Advisory Committee. The

Committee shall normally hold its first meeting within the first two (2) weeks of the school year. This Committee shall include the Principal, the Workplace Steward and an appropriate number of in-school staff representatives elected by the teachers in the school. The number of staff representatives shall be determined by the staff in consultation with the Principal.

b) The In-school Staffing Advisory Committee shall be an advisory body to the

Principal in: i) determining the utilization of the teaching staff in the school, including

but not limited to the proportionate assignment of part-time and full-time teachers. The Principal shall determine staff assignments in consultation with the In-School Staffing Advisory Committee, having regard for the class size guidelines developed by the EJSC;

ii) determining the equitable distribution of instructional time, planning

time and supervision time;

iii) monitoring the level of integration of exceptional pupils into regular classroom programs;

iv) considering organizational proposals and/or suggestions submitted by

staff member(s) to the committee; v) receiving recommendations for class sizes and ranges from the

Elementary Joint Staffing Committee; vi) reviewing the application of the transfer and surplus process; and vii) any other relevant issues. c) The In-school Staffing Advisory Committee's Terms of Reference shall be in

accordance with Appendix B. d) It is recognized that the Principal, subject to the authority of the Board and

its Administration, has the responsibilities and duties as outlined under the Education Act and Regulations. Should the teachers on the In-School Staffing Advisory Committee disagree with the Principal, the teachers may appeal to the Superintendent of Education whose decision shall be final.

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ARTICLE 14: TRANSFER AND SURPLUS 14.01 Definitions a) “Voluntary Transfer” - voluntary transfer is a transfer from one assignment

to another within the jurisdiction of the Peel District School Board initiated by a Teacher.

b) “Administrative Transfer” - a transfer of a Teacher from one school to another

within the jurisdiction of the Peel District School Board initiated by the Board. c) “Surplus to Region” - a Surplus to Region Teacher is a Teacher for whom no

teaching position will be available in the jurisdiction of the Board in the following school year, and who has received or will receive notice of layoff pursuant to Article 14.03.

d) “Excess to School” - an Excess to School Teacher is a Teacher for whom

there will be no teaching position at the Teacher’s existing school in the following school year, or who exercises their option under Article 14.02 h), but who is not Surplus to Region.

e) “Regional Seniority List” - the list generated by the Director of Human

Resources Support Services consisting of the names of Teachers in order of seniority as determined in accordance with Article 15.

f) “Recall List” - a list maintained by the Director of Human Resources Support

Services, which lists in order of seniority the names of Teachers who have been laid off as a consequence of having been declared Surplus to Region.

14.02 General a) Nothing in this Article precludes Administrative Transfer from occurring at

any time during the school year provided that notice thereof shall have been given pursuant to 14.03 k).

b) Administrative Transfers by mutual consent of the Teacher and the Board

may occur at any time with or without prior notice. c) It is the responsibility of the Teacher who has been declared Surplus to

Region to inform the Board in writing by registered mail, with proper documentation where applicable, of any changes in qualifications and availability for work whether part-time or full-time.

d) It is the responsibility of each individual Teacher to ensure that the Teacher’s

current address is on permanent file with the Board. Any notices required to be given by the Board to the Teacher pursuant to this Agreement shall be deemed to have been properly given if:

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(i) hand delivered to the Teacher by the Superintendent of Education or an appropriate Board official designated by the Superintendent of Education with a signature of receipt being obtained by the Board;

OR (ii) addressed by prepaid registered post to the Teacher's last address as

filed by the Teacher from time to time with the Board; OR (iii) sent by electronic mail or facsimile to the address or facsimile number

provided by the Teacher; OR (iv) such other manner as the Board and Local may agree. Delivery of such notice shall be deemed to have occurred on the date of

delivery or in the case of registered mail, three (3) days after the date of mailing.

e) Dates listed in this Article 14, unless specified, shown as “date*” are as per

the Peel District School Board “G-32” memo entitled Elementary Transfer and Surplus Calendar. That Calendar shall be determined annually prior to January 1st. These dates and any subsequent revisions shall be determined by the Director of Human Resources Support Services with consultation and input from the Local.

f) Teachers shall be declared Surplus to Region in accordance with the

procedures set forth in this Article 14, in inverse order of seniority, provided that the remaining Teachers are qualified to provide the planned program. Where the Board deviates from the inverse order of seniority because of qualifications, the Board shall consult with the Local regarding the reasons.

g) Teachers shall be declared Excess to School in inverse order of seniority.

Should the remaining Teachers lack the qualifications to provide the planned programs, a Teacher with less seniority may be retained and the next least senior Teacher shall be declared Excess to School.

h) When it is necessary to declare a Teacher Excess to School for a fraction of

the Teacher’s assignment, the Teacher will be given the option of being declared Excess to School for their full assignment at that school, by notifying the Principal in writing, subject to the approval of the Director of Human Resources Support Services. Such a Teacher may, in the end, be administratively transferred back to the same school.

i) i) All Teachers, except those declared Surplus to Region, shall have access

to all vacancies through Voluntary Transfer.

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ii) Notwithstanding i) i) above, Core French and Immersion teachers, new to

the Board, shall be required to remain in a French assignment for a minimum of five (5) years.

J) The Board shall post a regional list of vacancies in each elementary school

by date*. At a minimum, this posting shall be updated at least three (3) times. At least one posting update shall occur after the Administrative Transfer date. A Teacher may until June 3rd of each year, apply to fill vacancies which are posted or advertised externally, provided the Teacher has the necessary qualifications and the Teacher has not already voluntarily transferred.

Any written materials provided by Teachers as part of the application process shall be returned to those Teachers at the end of the posting, at the request of the Teacher.

k) Any Teacher who goes on a Leave of Absence or takes a term appointment

shall remain on the school staff organization of his/her previous school subject to Article 14.

However, such Teacher shall be included in the school staffing process only if the Teacher is expected to return from such Leave or term appointment during the following school year. It is expected that the Teacher will advise the Board in writing of his/her intention to return from a leave or term appointment no later than January 31st in order that they may be included in the school staffing process for the following school year.

Notwithstanding the above, a Teacher off on Federation Leave will be

included on the school staff organization of his/her previous school during the year of an election. A Teacher off on the statutory portion of a pregnancy and/or parental leave will also be included on the school staff organization of his/her previous school unless the Board is in receipt of a request for an unpaid extension to the statutory leave.

In the event that a Teacher is able to return from an extended leave of

absence during a school year and the Board intends to transfer the Teacher temporarily to another school, the Board shall first consult with the President of the Local. This consultation will include the location and duration of the temporary assignment and the implications for the staffing process.

l) The Board has the right to assign Teachers to teach programs for which they

have the necessary qualifications. The Board shall not exercise this right in an arbitrary or discriminatory manner.

m) Nothing in this Article 14 or Article 15 shall be interpreted as restricting in

any way the Board’s right to terminate a probationary Teacher in accordance with its rights under Article 8 and Article 9.

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n) Notwithstanding Article 14.02 l), the Board shall not assign a Teacher to teach a program for which he or she is qualified, if he or she has not taught that program in the preceding ten (10) years unless agreed to by mutual consent between the Teacher and the Principal.

14.03 Transfer & Surplus Processes The following steps of the Transfer and Surplus process in respect of the

beginning of the following school year are in sequence. a) On or before date* a regional Seniority List based on Article 15 shall be

developed and distributed electronically (by email with a link to the Seniority List) to all Superintendents, Principals, Workplace Stewards and the President of the Local and Teachers.

b) On or before date* the total number of Teachers required shall be

determined by the Board in accordance with the Education Act, the regulations thereunder and its funding, and subject to this Agreement.

c) The Board shall notify those Teachers whose termed assignment will

conclude at the end of the school year. The Board will endeavour to make these notifications on or before January 31st. Any Teacher who wishes to end their termed assignment early, for the following school year, must notify their respective Superintendent of this decision in writing by this same date.

d) On or before date* the Director of Human Resources Support Services shall

determine the number of Teachers who will be Surplus to Region in the following school year.

e) On or before date* all Surplus to Region Teachers shall receive notice of

layoff. f) On or before date*, the Board shall allocate a number of Teachers to each

elementary school in accordance with Article 13. g) On or before date*, Teachers who are eligible to do so pursuant to Article

14.02 j) shall make their declaration in writing to the Principal.

h) On or prior to the last day of school, school organizations and tentative timetables shall be developed and distributed.

i) On or before date*, individual staff members shall be notified in writing by

the Principal of their tentative teaching assignments for the following school year using Form B. Notification of the tentative teaching assignment shall include specific grade level(s), and subject areas. The Principal shall discuss with individual staff members any changes to the tentative teaching assignments as early as possible.

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j) On or before date* the principal of each school shall submit lists of vacancies and the names of Teachers to be declared Excess to School to the Superintendent of Education, who shall forward this information to the Director of Human Resources Support Services.

k) On or before date* the principal shall, subject to the approval of the Director

of Human Resources Support Services, notify those Teachers declared Excess to School. Such notice shall advise those Teachers that they may be transferred to a school in another municipality should they not obtain a position by way of voluntary transfer.

l) The Local shall be provided a list of all Teachers who are Surplus to Region

or Excess to School, and a list of vacancies. m) After date* all vacancies shall be filled, i) FIRSTLY by voluntary transfer, provided that: A) unless by mutual consent of the Teacher and the Board, a

Teacher may voluntarily transfer only once during the school year; but

B) notwithstanding (A) above, a Teacher who has been declared

Excess to School and has voluntarily transferred to another location may, if a position becomes available in the school from which they were declared Excess, apply for that position; and

ii) SECONDLY, an Excess to School Teacher without a position by date*

shall be Administratively Transferred. A Teacher transferred in this manner shall be given access to the Voluntary Transfer process for openings that occur after date* and before date*. A Teacher, who is to be Administratively Transferred, shall have the opportunity to indicate their placement preferences from the available vacancies on the "Teacher Information – Excess to School (Elementary)" form.

n) A Teacher declared Excess to School who is offered a position in writing by

the Director of Human Resources Support Services shall have three (3) school days to accept the position, failing which the Board shall have no further obligation to the Teacher and the Teacher shall be deemed to have resigned.

14.04 Recall a) The Board may rescind lay off notices of Surplus to Region Teachers any

time prior to their effective date. Once their layoff notices are rescinded, these Teachers shall have access to all posted vacancies.

b) Surplus to Region Teachers shall be placed on the Recall List.

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c) Teachers on the Recall List shall be recalled in order of seniority when the Board determines that there are vacancies to be filled, provided that the senior Teacher is qualified to provide the planned program for the available position. Such vacancies shall be filled by Administrative Transfer.

d) If a Teacher on the Recall List is offered a position at least equivalent in

teaching time to the position held at the time of layoff and the Teacher rejects the position or fails to report for work within five (5) working days from the date notified, the Board shall remove the Teacher from the Recall List, and the Board shall have no further obligation to the Teacher.

e) Teachers shall remain on the Recall List for a maximum period of twenty-six

(26) consecutive months from the effective date of layoff. f) Teachers on the Recall List shall be placed on the elementary Occasional

Teacher List. Acceptance of an Occasional teaching assignment, including Long Term Occasional assignments, shall not prejudice the Teacher’s right to be recalled. A Teacher who has accepted an Occasional assignment shall not be offered a position in the bargaining unit until the occasional assignment is concluded if the offered position would conflict. Such a position shall be offered to the next highest Teacher on the Recall List.

g) A Teacher on the Recall List who is not available due to valid health reasons

shall maintain their position on the Recall List. The Teacher shall not be offered a position with the Board until such time as a medical certificate indicating the Teacher’s fitness to return to work has been filed with the Board.

14.05 Reinstatement A Teacher who has been recalled to a vacancy with the Board from the Recall

List within two (2) calendar months of the effective date of the Teacher’s lay-off shall be credited with teaching experience and a sick leave balance as though his/her employment had been uninterrupted.

14.06 Excess to a School in the Fall Term a) Notwithstanding Articles 14.02 and 14.03, the transfer of a Teacher, in

September, that is required as a result of fluctuations in enrolment will be carried out by Administrative Transfer initiated by the Director of Human Resources Support Services or designate after consultation and input with the Local. The process for September Re-organization shall follow the procedure laid out in the E1 memo developed after consultation with the President of the Local.

b) A Teacher declared excess to a school in the Fall Term shall commence

his/her new teaching assignment on the third working day following the conclusion of his/her current teaching assignment.

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14.07 Opening / Closure / Reconfiguration of Schools

a) In the event that a school is to be opened, closed or reconfigured, a meeting will be called between the President of the Local and the Associate Director of Instructional Support Services as soon as possible after the decision is made to discuss the implications for staff. For the purpose of this article an affected school is one that would lose or gain students as a direct result of the decision to open, close or reconfigure a school.

b) The process for staffing affected by the opening, closure and reconfiguration

of schools shall follow the Procedural Guidelines outlined in the G-32. Notwithstanding the foregoing, any exception to the above shall be after consultation with the Local in accordance with Article 14.02 (e).

14.08 Year-Round Schools

a) The Board shall institute year-round schooling at a worksiteafter consultation with the Local.

b) No member shall be administratively placed at a year-round school without

prior consultation with the Local.

14.09 Certified Teachers

It is the Board’s intention that programs that are taught by the Board’s certified elementary teachers as of September, 2004 will be taught by certified elementary teachers during the term of this Collective Agreement, September 1, 2014 – August 31, 2017.

14.10 Part-Time Teachers

a) Part-Time Teachers Increasing their FTE

Part-Time Teachers will have the opportunity to increase their FTE after the Administrative Placement meeting if all Surplus to Region teachers have been recalled and if there are vacancies remaining in the system. If the aforementioned conditions exist, Part-Time Teachers may increase their FTE in the following ways:

i) Applying to a vacancy listed in the G-32 Voluntary Transfer process

following the Administrative Placement Meeting;

ii) Participating in the Supplemental Spring Staffing Process for Part-time teachers which occurs at the conclusion of the G32 process;

iii) Provided a Teacher has the necessary qualifications, the Principal may

offer an increase in seniority order at their current location after the Supplemental Part-time Administrative Placement process has

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concluded;

At the conclusion of the E-1 Reorganization process a Part-Time Teacher may be offered an increase at their current location at the Principal’s discretion after the Administrative Placement meeting has concluded, provided there are vacancies at the school for which the Teacher in question holds the necessary qualifications.

b) Supplemental Part-Time Administrative Placement

i) All Part-Time Teachers will be eligible to participate in the Supplemental Spring Staffing Process for part-time teachers at the conclusion of the G32 even if they have accepted a part-time position during the G32. Part-Time Teachers may select 1.0 jobs at other locations and also have the opportunity to increase at their current location.

They may also select positions that would complement their current allocation at a second school as long as the Principals of the two schools can make the arrangement work.

ii) Criteria for placement is: seniority, qualifications, and preferences.

ARTICLE 15: SENIORITY 15.01 The Board shall, in consultation with the Local, develop a list of all Teachers in

the employ of the Board as at August 31, 1998 in order of their acquired seniority as of that date. Such acquired seniority shall be calculated and the order of seniority shall be established in accordance with Article 18.03 of the 1993 to 1996 collective agreement. For all Teachers employed by the Board as of August 31, 1998, their relative order of seniority so determined shall be frozen for the duration of their employment under this Agreement.

15.02 The following seniority system will take effect for Teachers having a Start Date on

or after September 1, 1998. 15.03 Seniority shall be the length of service with the Peel District School Board as a

Teacher in the Bargaining Unit from the first school day for which they are paid (Start Date), subject to Article 15.10.

15.04 The list shall be rank ordered such that the most senior Teacher is at the top of

the list and the most junior is at the bottom. 15.05 Teachers hired on or after September 1, 1998 shall be added to the seniority list

based on the first school day for which they are paid. 15.06 In the event that two or more Teachers referred to in Article 15.05 have the same

Start Date, their order on the seniority list shall be determined as follows:

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a) in order of the Teacher’s total teaching experience as a member of the Union

(excluding any occasional teaching experience); then b) the Teachers who remain tied with one another shall be randomly ordered

by the Human Resources Department with the use of computer technology. It is understood and agreed that the onus is on the Teacher to provide all relevant

information concerning such prior experience to the Board within three (3) months of the Teacher’s Start Date.

15.07 The Seniority List shall contain the Teacher’s name, work location and regional

seniority number. 15.08 The Board shall draw up a Seniority List current as of December 15th of each

year and posted electronically no later than January 24th. Each elementary Teacher will receive an e-mail with a link to the Seniority List. In addition, a copy of the List shall be sent electronically to the Local at the same time.

15.09 A Teacher shall have ten (10) working days to query his/her position on the

Seniority List by stating the reasons for the query, and providing documentation where necessary, to the Director of Human Resources Support Services, who shall review each query and revise the Teacher’s placement if this is warranted after consultation with the Local. The revised List shall be posted electronically as in Article 15.08 above.

15.10 If a Teacher leaves the bargaining unit and later returns, the Teacher shall be

credited with the seniority held at the time the Teacher left the bargaining unit, and the Teacher’s Start Date for seniority purposes shall be adjusted accordingly. The onus shall be on the Teacher to provide evidence satisfactory to the Board and the Local regarding the seniority held at the time the Teacher left the bargaining unit.

ARTICLE 16: NOTICE OF RESIGNATION OR RETIREMENT 16.01 It is understood and agreed that the Teachers should notify the Board at the

earliest opportunity when they plan to leave the employ of the Board. Accordingly, where a Teacher intends to terminate the Teacher’s employment with the Board for any reason, including resignation or retirement:

a) the Teacher shall give not less than thirty (30) days notice; provided that b) the Teacher shall give notice on or before May 31st when the Teacher

intends to leave the employ of the Board before the start of the following school year; however

c) the Board may waive the notice requirements under 16.01 (a) or (b).

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ARTICLE 17: EXPENSE ALLOWANCE 17.01 All Teachers shall be paid a travel allowance based on mileage according to

Board Policy while on official Board business. Such allowance shall not include the normal travel to and from one's place of residence and the school.

17.02 Any itinerant teacher or Teachers administratively placed in more than one

location and required to change work locations during the course of the school day, in addition to any allowances received above, shall receive mileage in accordance with Board Policy #40 – Travelling Allowance for Board Employees and Trustees.

ARTICLE 18: LIAISON COMMITTEE 18.01 a) A Local/Board Committee composed of a maximum of three (3) members

for each party shall be established to meet, when mutually agreed to by the parties, to attempt to solve problems or issues arising out of the terms of this Agreement.

b) The Local/Board Committee will not meet from the time negotiations

commence for the renewal of the Agreement until a new Agreement is signed by the parties.

c) For the purpose of this Article, negotiations shall be deemed to commence

upon serving of notice to bargain by either party. ARTICLE 19: SCHOOL YEAR / SCHOOL DAY 19.01 School Year/School Day a) The length of the school year shall be equal to the minimum number of days

required under the Education Act and the regulations. b) The Board shall designate a school year with the minimum number of

instructional days required under the Education Act and the regulations and the remaining school days shall be Professional Activity days.

c) The "Instructional Day" shall not exceed three hundred (300) minutes

commencing with the start of instruction, and ending with the students' dismissal from school for the day exclusive of recess and lunch/nutritional breaks. Opening exercises are included as part of the Instructional Day.

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d) Notwithstanding the above, Coordinators shall work twelve (12) months a year with five (5) weeks vacation each year. The scheduling of vacations is subject to the approval of the immediate supervisor. Unused vacation shall not be carried over from year to year nor paid out at the end of the year. Coordinators shall not be required to work during the Christmas Break and March Break.

ARTICLE 20: HEALTH AND SAFETY 20.01 The Board and ETFO recognize the importance of promoting a safe and healthy

environment for employees and of fulfilling their respective duties and obligations under the Occupational Health and Safety Act and its accompanying Regulations.

The parties agree to work co-operatively for the protection of the health and safety of all elementary Teachers.

The parties agree to continue to participate in the Joint Health and Safety Committee, which shall meet at least once every three (3) months.

20.02 A Teacher who is a worker under The Occupational Health and Safety Act may

make a request through the workplace Health and Safety Representative to the Principal/Supervisor that an investigation be conducted if the Teacher believes there exists or could exist some aspect of the workplace's physical environment that constitutes a hazard to the Teacher's health or safety. A copy of such a request shall be given to the Board's Health and Safety Officer, and the Local's Occupational Health and Safety Teacher Advisor.

20.03 The Principal/Supervisor upon receipt of a request under 20.02, shall promptly

investigate or arrange for the investigation of the hazard or contravention reported. The Principal/Supervisor shall notify the Teacher, the workplace Health and Safety Representative, the Local's Occupational Health and Safety Teacher Advisor and the Board's Health and Safety Officer of the findings resulting from the investigation.

20.04 The Joint Health and Safety Committee specified in Article 20.01 shall have the

duties and responsibilities described under The Occupational Health and Safety Act.

20.05 Violence shall be defined as any incident in which a Teacher is intimidated,

threatened, or assaulted. 20.06 In accordance with its legislated responsibilities, the Joint Health and Safety

Committee shall concern itself with matters relating to violence, including receiving and reviewing reports of violence in the workplace. The Board agrees to have in place policies and procedures to deal with violence, including the prevention of violence and the management of violent situations.

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20.07 Medical Procedures a) The Board shall distribute a copy of its Operating Procedures for

administration of prescribed medication to pupils in schools and Procedures for health support services to each Teacher.

b) In accordance with Operating Procedure Special Education Services 8, a

Teacher may refuse without prejudice a request to administer medications except in life-threatening situations.

ARTICLE 21: NO DISCRIMINATION 21.01 Neither the Board, the Union, the Local nor a Teacher shall discriminate in their

employment against any employee of the Board on any ground prohibited by the Ontario Human Rights Code or the Ontario Labour Relations Act, including age, race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, record of offences, marital status, family status or handicap, as those terms are defined in the Code.

21.02 The Board, the Union, the Local and the Teachers recognize that a Teacher has

the right to freedom from sexual harassment and any other form of harassment in the workplace prohibited by the Ontario Human Rights Code.

21.03 The Board, the Local and the Union recognize that they all have a duty to

accommodate individuals in accordance with the Ontario Human Rights Code and hereby confirm their agreement to comply with such obligations.

ARTICLE 22: CONTINUING EDUCATION TEACHERS 22.01 It is the desire of both parties to specify within this Article the entitlement to salary,

allowances and other mutually agreed items of "Continuing Education Teachers", as that term is defined by the Education Act, while employed by the Board to teach an elementary school course. For the purpose of clarity, this Article shall not apply to Continuing Education Teachers employed by the Board to teach any other courses and shall not apply to Continuing Education Instructors as that term is defined by the Education Act. The provisions of this Article shall constitute the entire agreement of the parties regarding Continuing Education Teachers. No other provisions of the Agreement between the parties shall apply to Continuing Education Teachers unless expressly indicated otherwise in this Article.

22.02 Where a conflict appears between a provision of this Article and a provision of the

remainder of the Agreement, the provision of this Article prevails.

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22.03 The following other clauses of the Agreement shall apply to Continuing Education Teachers:

Article I - Purpose Article III - Scope and Recognition Article IV - Duration, Amendment and Renewal Article V - Union Dues and Assessments Article VI - No Strikes or Lockouts Article VII - Grievance Procedure Article IX - Management Rights Article XX - Health and Safety Article XXI - No Discrimination 22.04 Leaves with Pay A Continuing Education Teacher shall be entitled to a leave of absence with pay

on a maximum of two (2) days in each contract term for bereavement leave, illness, or compassionate leave provided that the teacher arranges and ensures that they are replaced with another duly qualified teacher. Such days shall not accumulate beyond the contract term. Such replacement teachers shall be paid by the Board in accordance with this Article.

22.05 Medical Procedures The Board shall distribute a copy of its Operating Procedures for administration

of prescribed medication to pupils in schools and procedures for health support services to each Continuing Education Teacher.

22.06 Salary Schedule Continuing Education Teachers shall be paid rates of pay in accordance with the

following schedule:

Effective September 1, 2014 Teachers $45.84 per hour Coordinator $6,547.86 Assistant Coordinator $4,423.70 Effective September 1, 2016 Teachers $46.30 per hour Coordinator $6,613.34 Assistant Coordinator $4,467.94

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Effective 98th School Day of the 2016/2017 School Year Teachers $46.53 per hour Coordinator $6,646.40 Assistant Coordinator $4,490.28 The above rates include vacation pay under the Employment Standards Act

22.07 Suspension and Discharge Notwithstanding Article 9.02 c) and 22.03 of this Agreement, the Union recognizes and accepts that it is the right of the Board to suspend with or without pay, discharge or otherwise discipline Continuing Education Teachers for reasons provided in writing.

ARTICLE 23: CATEGORY DEFINITIONS 23.01 Placement on the Salary Grid – Pay Equity Effective upon the implementation of Schedule C (i.e. January 1, 1992) a Teacher

who was formerly in Category 1, 2 or 3 (QECO D,C,B) shall move to the actual experience step in Category A (QECO D,C,B) but shall not move beyond the penultimate experience step (year 9) of Category A (QECO D,C,B) except as follows:

a) A Teacher who has under the terms of the Parties' Agreement qualified to

move to Category 4, 5, 6 or 7 (QECO A1, A2, A3, or A4) shall do so; or b) A Teacher who has successfully completed the course requirements listed

in paragraph b) i), ii) or iii), shall move to the maximum of Category A (QECO D,C,B) on September 1 or January 1 provided course requirements are completed prior to September 1 or January 1 respectively. No acceptable course shall be included which has been used in any way whatsoever by the Teacher for Category ranking or other salary purposes under the terms of the Parties' Agreement. Movement shall take place as follows:

i) In the case of a Teacher qualified in accordance with the Agreement to

be placed in Category 3 (QECO B), five acceptable courses at least four of which must have been completed since January 1, 1990.

ii) In the case of a Teacher qualified in accordance with the Agreement to

be placed in Category 2 (QECO C), seven acceptable courses at least five of which must have been completed since January 1, 1990.

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iii) In the case of a Teacher qualified in accordance with the Board's Agreement to be placed in Category 1 (QECO D), nine acceptable courses at least six of which must have been completed since January 1, 1990.

c) Acceptable courses shall be defined as university courses, Ontario Ministry

of Education courses, certificates or diplomas used for Category placement under the terms of the Parties' Agreement.

23.02 Effective in the 2001-2002 school year, Teachers shall be placed in categories for

the purposes of the salary grid based on QECO 4. Effective in the 2003-2004 school year, Teachers shall be placed in categories for the purposes of the salary grid based on QECO 4 or QECO 5.

23.03 No Teacher who was evaluated for placement purposes under the category

definitions that were in place in December 2000 shall have his/her placement reduced because of QECO 4 or QECO 5.

23.04 It is agreed that this Article 23 fulfills the Board's obligations under the Pay Equity

Act. 23.05 a) A Teacher who has met all the conditions required for a certificate of a higher

category level pursuant to QECO 5, is entitled to be paid at the higher category level as of September 1st of the school year, provided that a verified copy of the original Statement of Evaluation is submitted to the Human Resources department on or before June 30th of the school year.

b) In the case of a Teacher commencing employment with the Board, the

Teacher must submit a verified copy of the original QECO 5 Statement of Evaluation to the Human Resources department by the later of June 30th of the Teacher's first school year or five (5) months from the Teacher's start date. A Statement of Evaluation must be submitted within the required deadline in order to qualify for a salary adjustment retroactive to the Teacher's start date. Where the Statement is not submitted before the Teacher's start date a non-degree Teacher will be placed temporarily in the lowest category and a Teacher with a university degree will be placed temporarily in Category A1/4, and retroactive adjustments shall be made if documentation confirming a higher category placement is submitted within the applicable required deadline.

23.06 There will be no advancement on the salary schedule without a QECO Statement

of Evaluation.

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ARTICLE 24: SALARY SCHEDULE 24.01 Each Teacher shall receive from the Board a basic salary determined by the

Teacher Experience Schedule, and in addition, any allowance(s) due under Articles 25 and 17. Together, this basic salary and these allowances shall be called the "total salary" of the Teacher.

24.02 A Teacher's annual rate of basic salary shall be as follows:

Salary Schedule –September 1, 2014

QECO Cat. D, C, B A1 A2 A3 A4 Years of Exp. Level A Level 4 Level 5 Level 6 Level 7

Total Total Total Total Total

0 $42,589 $44,292 $47,889 $51,485 $55,082

1 $45,807 $47,889 $51,485 $55,082 $58,678

2 $49,119 $51,485 $55,082 $58,678 $62,274

3 $52,337 $55,082 $58,678 $62,274 $65,871

4 $55,555 $58,678 $62,274 $65,871 $69,467

5 $58,773 $62,274 $65,871 $69,467 $73,064

6 $62,085 $65,871 $69,467 $73,064 $76,660

7 $65,303 $69,467 $73,064 $76,660 $80,256

8 $68,521 $73,064 $76,660 $80,256 $83,853

9 $73,915 $76,660 $80,256 $83,853 $87,449

10 $80,256 $80,256 $83,853 $87,449 $91,046

11 $94,642

Coordinators

Years Experience

0 $104,106

1 $106,945

2 $109,785

3 $112,624

4 $115,463

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Salary Schedule –September 1, 2016



0 $43,015 $44,735 $48,368 $52,000 $55,632

1 $46,265 $48,368 $52,000 $55,632 $59,265

2 $49,610 $52,000 $55,632 $59,265 $62,897

3 $52,860 $55,632 $59,265 $62,897 $66,529

4 $56,110 $59,265 $62,897 $66,529 $70,162

5 $59,360 $62,897 $66,529 $70,162 $73,794

6 $62,706 $66,529 $70,162 $73,794 $77,426

7 $65,956 $70,162 $73,794 $77,426 $81,059

8 $69,206 $73,794 $77,426 $81,059 $84,691

9 $74,654 $77,426 $81,059 $84,691 $88,323

10 $81,059 $81,059 $84,691 $88,323 $91,956

11 $95,588

Coordinators

Years Experience

0 $105,147

1 $108,014

2 $110,882

3 $113,750

4 $116,617

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Salary Schedule –98th School Day of the 2016/2017 School Year



0 $43,230 $44,959 $48,609 $52,260 $55,910

1 $46,496 $48,609 $52,260 $55,910 $59,561

2 $49,858 $52,260 $55,910 $59,561 $63,211

3 $53,124 $55,910 $59,561 $63,211 $66,862

4 $56,391 $59,561 $63,211 $66,862 $70,512

5 $59,657 $63,211 $66,862 $70,512 $74,163

6 $63,019 $66,862 $70,512 $74,163 $77,813

7 $66,286 $70,512 $74,163 $77,813 $81,464

8 $69,552 $74,163 $77,813 $81,464 $85,114

9 $75,028 $77,813 $81,464 $85,114 $88,765

10 $81,464 $81,464 $85,114 $88,765 $92,415

11 $96,066

Coordinators

Years Experience

0 $105,673

1 $108,555

2 $111,437

3 $114,319

4 $117,201

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24.03 Teaching experience is deemed to mean: a) i) experience obtained subsequent to the completion of professional

training deemed satisfactory to standards established by the Ontario Ministry of Education or the Ontario College of Teachers, as the case may be;

ii) experience in teaching in Canada as an elementary or secondary

Teacher or such other experience in teaching that the Board in its discretion considers equivalent thereto.

b) A Teacher's position on the salary schedule will advance one year of

experience for each of the following, subject to Article 28.07. i) After one year (September to June) of teaching in a public elementary

or secondary school or in universities and private schools under the supervision of the Ministry of Education or equivalent experience approved by the Director of Education or designate.

ii) A staff member who has been granted a leave of absence for a program

approved in advance by the Director of Education or designate of the Board which is designed to:

A) upgrade qualifications; B) do post-graduate work or to undertake a year of travel relevant to

his/her classroom work while on leave of absence from the Board. (A year shall be at least ten months.)

iii) If a Teacher has taught a fraction of a full year, then the number of

years teaching experience shall be calculated by pro-rating the exact number of days worked by the Teacher in the school year, in exact proportion to the total number of school days in that school year. Any fraction of cumulative teaching experience which is equivalent to .500 or more shall be counted as one year.

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24.03 b) iv) Notwithstanding the above a Teacher who has a part-time schedule will be given credit for experience on a pro-rata basis according to actual time worked.

c) i) Seventeen weeks of leave of absence for Pregnancy Leave and/or

eighteen weeks of Parental Leave will be credited in determining the position of a Teacher on the salary schedule.

ii) For Pregnancy Leaves or Parental Leaves taken by a Teacher in

respect of a child born or a child which comes into the custody, care and control of the Teacher for the first time on or after December 31, 2000, up to seventeen (17) weeks of Pregnancy Leave, and up to thirty-five (35) weeks of Parental leave for a Teacher who took a Pregnancy leave or up to thirty-seven (37) weeks of Parental leave for other Teachers, will be credited in determining the position of a Teacher on the salary schedule.

d) All previously recognized experience will continue to be recognized by The

Peel District School Board, except where errors have occurred. e) In any event or combination thereof the maximum accumulation of teaching

experience shall be one year, in any one year. f) Conditional on the above and with the exception of supply teaching

performed without a contract, any experience that is accepted for the purpose of a Teachers' Pension Plan credit is to be accepted as satisfactory for the purpose of calculating teaching experience. However, subject to Article 24.03 e), any short term occasional teaching experience with the Board that is accumulated after September 1, 2009 shall be accepted as satisfactory for the purpose of calculating teaching experience, provided that the Teacher requests such recognition within six (6) months of acceptance of a position.

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24.04 A Teacher, commencing employment with the Board, whose start date is between September 1st and September 30th of the school year, must submit documentation verifying Teaching Experience to the Human Resources department by January 31st of the same school year in order to qualify for a salary adjustment retroactive to the Teacher's start date. If the Teacher's start date is on or after October 1st of the school year, then the documentation verifying Teaching Experience must be received in Human Resources within five (5) months from the Teacher's start date in order to qualify for a salary adjustment retroactive to the Teacher's start date. If the Teacher does not meet the applicable required timeline, the Teacher's salary will not be adjusted until the following September.

24.05 Method of Payment

a) Effective January 1, 1999, salaries shall be paid in accordance with Board procedures on an even bi-weekly 12 month pay schedule.

b) The Board shall deposit the Teacher's earnings at a bank designated by the Teacher.

c) Teachers who are to be paid for less than the full school year shall be paid salary in the proportion that the total number of school days for which the Teacher performs his/her duties in the school year compares to the total number of school days in the school year.

24.06 Overpayment

In the case where an overpayment has been made to a Teacher and an overpayment adjustment will be required, the Board shall cease the overpayment. The Board’s payroll department will provide a written explanation (e.g. email) to the Teacher with respect to the overpayment, and a repayment plan. The Teacher may request that the deduction be made over several pay periods. The Board and the Teacher shall mutually agree to the repayment schedule.

The first deduction shall take place no earlier than two (2) weeks after the Teacher has been notified, unless authorized by the employee, statute, court order or arbitration order.

24.07 a) The establishment of new classifications other than the ones categorized in

this Agreement shall not be undertaken without prior discussion concerning the salaries, allowances, seniority and transfer rights for these positions.

b) Such discussions shall be held between the Director of Education or

designate and the President of the Local or designate.

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ARTICLE 25: ALLOWANCES 25.01 Allowances for the degrees not used in the Teacher's QECO 4 or QECO 5 rating

shall be as follows:

Sept. 1/14 Sept. 1/16 98th school day of the 16/17 school year

Doctorate

$1,325

$1,325

$1,325

Master of Arts $993 $993 $993 Master of Education $993 $993 $993 Bachelor of Education (U of T prior to 1971)

$140 $140 $140

Bachelor of Education (after 1971)

$140 $140 $140

A.R.C.T. $560 (or 5 credits)

$560 (or 5 credits)

$560 (or 5 credits)

The allowance for the Bachelor of Education after 1971 will only be paid to

recipients of the Bachelor of Education degree received extramurally through a four-course program of a Faculty of Education of an accredited Ontario University.

25.02 The courses required for the degrees listed in Article 25, 25.01 may later be used

to obtain a higher level under QECO 4 or QECO 5, and if so used, shall not be eligible for the allowance for an additional degree.

25.03 i) Allowances for post-graduate or extra degree shall apply to one post-

graduate degree only. ii) The allowance for the doctorate is to apply to all Teachers, in keeping with

Article 25.01. iii) The allowances for post-graduate degrees shall not apply to Coordinators,

except as allowed under Article 25, 25.03 ii).

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25.04 Support Staff September 1, 2014 Associate – Psychology Department: category + $3072 + $552 for certification

as a registered Psychologist Assistant – Psychology Department: category + $1536 + $552 for certification

as a registered Psychologist September 1, 2016 Associate – Psychology Department: category + $3103 + $552 for certification


as a registered Psychologist 98th School Day of the 16/17 School Year Associate – Psychology Department: category + $3119 + $552 for certification


as a registered Psychologist 1. This salary schedule is for a ten-month work year. The holidays of the staff

members of the Psychology Department are to be rotated to provide "on-call" staffing for special needs during July and August.

25.05 Coordinators, Consultants, Instructional Coaches and Resource Teachers The salary schedules for Coordinators, Consultants, Instructional Coaches and

Resource Teachers are determined as per Article 24. Consultants and Resource Teachers and Instructional Coaches shall receive the following allowances in addition to their salary as determined by Article 24:

September 1, 2014 - Consultants - teaching experience schedule plus $5,607 - Resource Teacher - teaching experience schedule plus $5,607 - Instructional Coaches - teaching experience schedule plus $5,607

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September 1, 2016 - Consultants - teaching experience schedule plus $5,663 - Resource Teacher - teaching experience schedule plus $5,663 - Instructional Coaches - teaching experience schedule plus $5,663 98th School Day of the 16/17 School Year - Consultants - teaching experience schedule plus $5,691 - Resource Teacher - teaching experience schedule plus $5,691 - Instructional Coaches - teaching experience schedule plus $5,691 ARTICLE 26: BENEFIT PLANS 26.01 a) The Union shall be the policyholder of the benefit plans, excluding statutory

benefits. The Union shall determine the number of and terms and conditions of the benefit plans. With the exception of the benefit contribution set out in 26.01 b) and the Board's responsibilities under 26.02, the Board shall have no responsibility for the provision of any non-statutory benefit plans including extended health, dental, group life and accidental death and dismemberment.

b) Effective September 1, 2008, the Board shall pay to the Union the sum of

$3903 per F.T.E. Teacher, based on the number of F.T.E. Teachers employed as of September 30 of each school year, for all non-statutory benefits including extended health, dental, group life, accidental death and dismemberment. The Union will receive benefit contributions for any additional F.T.E. teaching positions added by the Board after September 30th on a prorated basis in accordance with Article 24.05 c). One-twelfth (1/12) of the money specified in this paragraph shall be remitted to the Union each month, subject to any required adjustments resulting from the addition of teaching positions.

This amount shall be increased to three thousand nine hundred and eighty

one dollars ($3981) per F.T.E. effective September 1, 2009. This amount shall be increased to four thousand two hundred and seventy eight dollars ($4278) per F.T.E. effective September 1, 2010. This amount shall be increased to four thousand five hundred and forty four dollars ($4544) per F.T.E. effective September 1, 2011. This amount shall be increased to four thousand eight hundred and fifty dollars ($4850) per F.T.E. effective August 31, 2012.

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26.02 Group Life and Accidental Death and Dismemberment Insurance a) Participation in the Group Life Plan is a condition of employment. 26.03 a) Group Life and Accidental Death and Dismemberment Insurance, Extended

Health Benefits, and Dental will be available to part-time Teachers on a pro-rata basis in accordance with the Teacher's work schedule, with the Teacher being responsible for paying the balance of the costs as stipulated by the Union.

b) Article 26.03 a) does not apply to Teachers who: i) are employed by the Board on a part-time assignment or are on a leave

of absence from a part-time assignment as of August 31st, 1985, and ii) remain on a part-time assignment subsequent to August 31st, 1985. 26.04 Long Term Disability All Teachers commencing employment with the Board effective on or after

September 1, 1991, shall as a condition of employment participate in an L.T.D. plan administered by the Union's carrier.

The Teachers shall assume 100% of the premium costs. ARTICLE 27: LEAVES - SICK LEAVES 27.01 Sick Leave Credit Plan

On each pay, the cumulative sick leave credits for a Teacher shall be reported on the Statement of Deposit, Earnings and Deductions

27.02 Medical Certificate

a) For a period of illness of five (5) days or more a Teacher shall be required to file a medical certificate only if such certificate is requested by the appropriate official of the Board. For a period of illness of less than five (5) days, a medical certificate will not normally be required.

b) Any medical certificate submitted by a Teacher is to be submitted to the

Boa rd's Abilities Office ([email protected]) or to confidential fax# 905-890-0485).

c) The Board shall consult with and consider input from the Local regarding

any new or revised standardized form(s) or policies requesting medical information from the Teacher's treating healthcare providers.

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d) The Board shall ensure that all medical records are stored in a secure

location and in a confidential manner. Normal, daily access to such records and information shall be limited to the Director of Human Resources Support Services, Manager of Abilities and those personnel designated by the Director. The Director shall upon request advise the President of the Local of the names of those so designated. Such personnel shall not be members of the Local.

27.03 Attendance Support Program

a) The Board shall consult and consider input from the Local regarding any new or revised standardized form(s) or policies in regards to an Attendance Support Program.

b) Prior to the initial formal meeting under the Attendance Support Program,

the Board will copy the Local on the correspondence to the employee and the Principal, provided the Teacher has not waived his/her right to Union representation.

c) A Teacher will have the right to a Union representative for any formal

meetings under the Attendance Support Program.

ARTICLE 28: LEAVES - OTHER 28.01 Professional Development Leave Professional Development Leave may be granted on a short-term basis for the

purpose of travel and/or study. a) Short-Term leaves shall be granted for Teachers to participate in short

period programs potentially beneficial to Peel students. Any such leaves shall normally not exceed seven (7) consecutive calendar days per individual but may extend for a period not exceeding three (3) months. Such programs shall include workshops, conferences, trade shows, short-term courses, visits to innovative teaching programs, etc.

28.02 Short-Term Professional Development Leave a) Approval for Short-Term Professional Development Leave may be granted

by the Board on the recommendation of the Superintendency Short-Term Professional Development Leave Committee.

b) In each Superintendency, there shall be a Short-Term Professional

Development Leave Committee consisting of two (2) Teacher members appointed by the Local for that Superintendency.

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c) The Short-Term Professional Development Leave Committee shall normally meet monthly during the school year. The Local and the Board shall publish the dates of meetings to be held in each Superintendency early in the school year.

d) These Committees shall act on behalf of and be accountable to the Director

of Human Resources Support Services who shall retain responsibility for the granting of Short-Term Professional Development Leaves and for the proper disbursement of funds. These Committees shall report to the Director of Human Resources Support Services.

e) The Superintendency Short-Term Professional Development Leave

Committee shall be responsible for administering the funds allocated in Article 28.03.

f) The funds allocated shall be expended within the criteria established by the

Joint Short-Term Professional Development Leave Committee. The said Joint STPDL Committee shall consist of the President of the Local, the Secretary-Treasurer of the Local, the Director of Human Resources and the Assistant Director of Human Resources. The said Joint Committee shall meet at least once per year, or more frequently as it determines necessary. The said Joint Committee shall have the following mandate:

i) to review and revise, as required, the existing criteria for the allocation of short-term professional development leave funds, with a view to ensuring that such funds are used to obtain the best possible short-term professional development benefits for the Board and its Teachers, in the most cost-effective manner possible.

ii) to monitor the implementation of the said criteria, including the receipt

of an annual report from each Superintendency Short-Term Professional Development Leave Committee, regarding how the available funds have been expended and any plans for the next school year.

g) All of the Committees referred to in this Article 28.02 shall distribute the

available monies in accordance with the Criteria/Guidelines for STPDL Elementary which shall be developed and/or updated by the Joint STPDL Committee and to be cognizant of class disruption and organizational changes which might occur from the leaves under consideration.

h) The Finance Department of the Board shall prepare a statement of

disbursements made under this plan upon the request of the Board or Local. i) Any amount deficit to this fund as of June 30th shall be deducted from the

next year's fund. Any amount surplus to this fund as of June 30th, shall be credited to the next year's fund.

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28.03 a) The total budget for the Professional Development Leaves during the 2008-2009, 2009-2010, 2010-2011, 2011-2012 school years shall be $100 per full-time equivalent Teacher calculated for all Teachers employed on September 30th , 2008, September 30th, 2009, September 30th, 2010 and September 30th, 2011 respectively.

b) No contribution to the Professional Development Leave Plan shall be made

for any Teacher on an unpaid leave of absence or D.N.D. A Teacher on a Teacher Funded Leave is considered to be on an unpaid leave of absence.

28.04 A Teacher receiving Short-Term Professional Development Leave shall receive

full salary and benefits. 28.05 Where any leave is specially requested by the Board, full salary and all related

expenses shall be covered by the Board from other funds. 28.06 a) Professional Development Leave shall not affect the cumulative sick leave

reserve allowance of the Teacher concerned. b) During the leave, the Teacher shall receive the normal application of salary

and increase in the accumulated sick leave credits for the period of the leave. The Board shall make deductions for Ontario Teachers' Pension Plan purposes on the salary paid to the Teacher on leave. The Board and the Teacher on leave shall share the costs of the benefits provided in Article 26 in the same ratios as they would were the Teacher not on leave.

28.07 Special Leave a) Special Leaves of Absence shall be in accordance with Board Policy #23 –

Leaves of Absence. b) Teachers on Special Leave shall not be paid a salary or benefits during the

leave, but such Teacher may retain his/her membership in any plan under Article 26, by paying full premiums applicable (subject to the rights of the insurer).

28.08 Personal Leaves of Absence a) Leaves without loss of income or deductions from Sick Leave Credit to a

maximum of the number of days stated: i) Death - spouse, same-sex partner, father, stepfather, mother, stepmother, child, stepchild, brother, sister, mother or father-in-law, total dependent, ward (legal guardianship) ...3 days

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For the purpose of this clause "spouse" and "same-sex partner" shall be interpreted in accordance with the Human Rights Code.

ii) Death - son or daughter-in-law, brother or sister-in-law, grandparents, grandchild ...2 days iii) Funeral of relative not mentioned above, or friend ...1 day iv) Serious illness of those in i) ...1 day (per occasion) v) Writing university or similar ...1 day examination, up to per exam vi) Graduation - self, spouse, child, parent (if beyond secondary school), up to ...1 day vii) Compassionate Leave with the approval of appropriate official ...5 days viii) Holy Days ...3 days ix) Jury Duty (stipend to be paid As required to the Board) by the Court x) Court Appearance - if not a party to the action; if summoned as a witness (stipend As required to be paid to the Board) by the Court xi) Military Service 2 wks paid Unlimited unpaid (Application must be accompanied by letter from a Commanding Officer confirming the employee will be on military duty and stating the expected start and end date of the military duty. Only available during time of war or state of emergency.) xii) Parent at the Birth of a Child ...2 days xiii) At Time of Adoption ...2 days xiv) Quarantine - Period required by the Medical Officer of Health

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b) Leaves Without Pay i) Holy Days in addition to those in 28.09 a) viii) ...6 days ii) Leave requested by the Teacher for personal reasons. This leave will ...2 days not be used to extend vacation periods maximum iii) At the discretion of the Director of Human Resources Support Services

other and/or additional personal leaves of absence with accompanying loss of salary may be granted. This leave will not be granted to extend vacation periods.

28.09 Family Responsibility In accordance with Board policy and procedure, the Principal or Supervisor may

approve up to five (5) days (pro-rated for part-time Teachers) per year (September 1st – August 31st) for a Teacher to attend to urgent family responsibilities.

Urgent family responsibilities are events which:

are unplanned or out of the Teacher's control; and

involve the possibility of serious negative consequences, including physical or emotional harm, if it is not attended to; and,

cannot reasonably be attended to outside of normal working hours. ARTICLE 29: PERFORMANCE APPRAISALS 29.01 The Board shall consult with and consider input that the Local may wish to provide

regarding any new policies or operating procedures relating to performance appraisal.

29.02 All differences between the parties arising from the interpretation or alleged

violation of Part X.2 of the Education Act or any regulation under it, including any question as to whether a matter is arbitrable, may be subject to a grievance and arbitration under this Agreement.

29.03 When a Teacher receives a performance appraisal report which is rated

Unsatisfactory or Development Needed, the Board shall advise the Local President of that fact, so as to allow the Union to offer the Teacher assistance. Upon the request of the Teacher, the Board shall forward a copy of the report to the Local President.

29.04 Teachers, as defined in Article 2.01 m), shall not be requested by the Board to

conduct performance appraisals.

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29.05 Peer Coaching and Mentoring Except as otherwise required in the Education Act or in regulation, no Teacher

shall be required to act as a peer coach or mentor to another Teacher. No information obtained from a coach or mentor, as part of their coaching or mentoring, shall be used in the assessment or evaluation of any Teacher.

ARTICLE 30: WORKING CONDITIONS 30.01 Lunch Break Each Teacher shall be entitled each school day to a continuous period of not less

than forty (40) minutes for lunch free from assigned duties. 30.02 Extra Curricular Activities

The Union recognizes the importance of extra curricular activities. The Board values the voluntary work of the Teachers in extra curricular activities with students and is committed to providing an environment in which their voluntary contribution can enhance students’ school life.

30.03 Supervision Time a) Supervision time shall be defined as the time teachers are assigned to

supervise students outside of the three hundred (300) minute Instructional Day as defined in Article 19.01 c). Unless specifically assigned, teachers shall not be required to perform supervision outside of the Instructional Day as defined in 19.01 c).

b) For clarification, supervision time includes assigned duties such as: yard duty,

hall duty, bus duty, lunchroom duty, etc., undertaken before the beginning of opening exercises in the morning or the beginning of instruction, whichever occurs first, the commencement of classes following the lunch interval, nutritional breaks or recess, and after the school day.

c) Effective September 1, 2006, the Board shall ensure that no teacher is

required to perform in excess of one hundred (100) minutes of supervision time for each period of five (5) instructional days. In addition, the Board shall make every reasonable effort to limit the supervision time assigned to teachers to eighty (80) minutes for each period of five (5) instructional days.

d) Effective April 23, 2009, the maxima of supervision minutes for elementary

teachers will be 80 minutes within each period of five instructional days. Scheduled supervision duties include, but are not limited to, yard duty, hall duty, bus duty and lunchroom duty.

e) Supervision time for part-time teachers shall be pro-rated in exact proportion

that the teachers' part-time assignment bears to a full-time assignment.

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f) Supervision time shall be assigned on as equitable a basis as possible.

g) No teacher shall be required to perform supervision duties in excess of the average amount of supervision time assigned in the teacher's school as of March 1, 2005, subject to modifications or changes in the present worksite, or a change to a different worksite. Clarification of this provision under the PDT shall be in accordance with the Ministry note of February 27, 2009.

h) i) The Joint Supervision Committee shall consist of the Director of Human Resources Support Services or the Assistant Director of Human Resources Support Services, the Staffing Officer, one Superintendent of Education, two Elementary School Principals, the President of PPVPA, and the President, the four Vice-Presidents, and the Chair of Collective Bargaining of the Local.

ii) The Joint Supervision Committee shall meet no later than the fourth

week after re-organization each year to begin approving all school

Supervision Schedules.

iii) The Joint Supervision Committee shall approve the templates and

timelines used for Supervision Schedules on a yearly basis.

30.04 Preparation Time a) Effective September 1, 2008, the Board shall employ sufficient teachers to

provide every teacher that delivers program directly to students with 200 minutes of preparation time per cycle of five (5) instructional days. Such preparation time shall be during the Instructional Day, as defined in Article 19.01 c). Every effort shall be made to provide preparation time in blocks as large as possible however, preparation time will be provided to individual teachers in blocks of not less than twenty (20) minutes.

b) The number of minutes of preparation time referred to in paragraph a) shall

be increased as follows: Effective August 31, 2012: 240 minutes. c) A part-time teacher shall receive preparation time on a pro-rata basis in exact

proportion that the teacher's part-time assignment bears to a full-time assignment.

d) Preparation time is defined as time free from classroom instruction and

supervision and shall be used for professional activities as determined by the teacher.

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e) Missed preparation time shall only be rescheduled where a teacher is required by the Principal to provide instruction during his or her scheduled preparation time for a teacher absent from work. Such rescheduling of missed preparation time shall occur as soon as administratively feasible, but no later than three months after the loss of the preparation time and in any event within the same school year.

The Principal of the school shall be responsible for maintaining a record of

missed preparation time and the re-scheduling of such missed preparation time. In cases where a teacher has been unable to resolve an issue at the school level with respect to the re-scheduling of missed preparation time, the record shall be made available to the Local Executive upon request.

f) Professional Activity Days shall not be considered instructional days for the

purpose of scheduling preparation time. g) Notwithstanding other provisions in this Collective Agreement, the Board may

assign the additional teaching staff generated by the increase in elementary teacher preparation time above the 2008-2009 level, to enable full-time school-based teaching assignments in the Arts in more than one elementary school. This shall be done in consultation with a Joint Board-Union Committee.

h) Notwithstanding other provisions in this Collective Agreement, the additional

weekly minutes of preparation time above the 2008-2009 level, generated within 20 consecutive instructional days, may be aggregated to provide for meaningful blocks of preparation time for teachers. The Board may not use the aggregated additional minutes of preparation to hire occasional teachers to provide teacher coverage, as opposed to regular specialist teachers.

i) Notwithstanding the foregoing, existing provisions or practices at a school

respecting preparation time in effect as of March 1st, 2005, which have been approved by the Superintendent of Education, which provide superior benefits to those set out above, shall not be eroded on a school-level basis.

30.05 Staff Meetings Regular staff meetings shall be scheduled by the Principal in consultation with the

teaching staff and upon consensus whenever possible. Regularly scheduled staff meetings shall be held no more than once per month on average. Each meeting shall be no more than 75 minutes in length. The dates of the regular staff meetings shall be set within the first month of the school year and communicated to all Teachers. Regularly scheduled staff meetings may include administrative/organizational issues, professional development, training and other matters aligned with school and board goals. Teachers are expected to attend regularly scheduled staff meetings. Teachers may submit agenda items to the Principal for consideration.

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30.06 Report Cards a) After an annual consultation with the staff, no later than September 30th, the

Principal shall establish timelines for production of report cards and the progress report; specifically, when teachers may begin working on report cards, when report cards are to be completed for review, and when they are expected to have them available to be signed off by the Principal.

b) After an annual consultation with the staff and no later than September 30th,

the Principal shall establish expectations for the report cards and the progress report in the areas of content and next steps, clarify the format for the report cards identifying expectations such as proper paragraph format or point-form, the use of the child's name or pronouns, etc.

c) Should extenuating circumstances arise, established timelines should be

reviewed with the teacher to discuss any difficulties in meeting the report card or progress report deadlines and appropriate timeline modifications.

d) The schedule of availability of technical support through the Help Desk is

available on the Intranet. e) Information with regard to report card and the progress report procedures and

timelines including the K-8 Reporting Memo, is to be distributed to all Teachers no later than September 30th.

f) The Board shall provide training to assist Teachers in the preparation of report

cards.

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Appendix A

Peel District School Board Form 5(a) Employee Funded Leaves - Application Elementary Name Emp. No.

School

Home Address

Date of Appointment to Peel

Have you previously been granted a Leave? No Yes

Type Year I have read the terms and conditions of the Peel District School Board’s Teacher Funded Leave Plan and hereby agree to enter the Plan under the following terms and conditions.

1. I wish to enroll in the (check one)

Holdback Salary Leave Plan

Deferred Salary Leave Plan

Payments into the plan will commence with the first pay of next school year.

2. I shall take my leave from the Peel District School Board

from to

3. I agree to have the Peel District School Board make appropriate deductions from my gross salary including any allowance on each pay date as specified in the Collective Agreement and to have the Board apply this amount toward the financing of my leave under this Plan.

4. It is understood by both the Board and the Teacher that the terms of the Teacher Funded Leave Plan will remain in force as it pertains to said Teacher until the Teacher returns to regular duty.

5. In accordance with Article 11.01 i) iv), I appoint

as my beneficiary.

6. I further agree to the terms and conditions as set out in the Collective Agreement.

7. I acknowledge that according to the Income Tax Act I am required to pay income tax on the interest generated in the fund.

1. The implications that may result from the choice of plan selected are the responsibility of the participant. These include the choice of period of time selected, as well as pension and income tax implications.

I agree to the terms of the leaves policy in that this leave will not be to pursue employment that is in direct conflict with the interests of the Peel District School Board or public education.

Date Teacher’s Signature

Director of Human Resources Witness (to Teacher’s Signature)

Elementary application is to be received in the Human Resources Department by January 31st.

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APPENDIX B

Peel District School Board

In-school Staffing Advisory Committee

Terms of Reference

In-school Staffing Advisory Committee The In-school Staffing Advisory Committee is an advisory body to the Principal. The In-school Staffing Advisory Committee should review and ensure that there is a clear understanding of the G-32 memo, the G-32 FAQ's, the E-1 memo and Article 13.02 of the Collective Agreement. The following effective practices have been developed through the Joint Liaison Committee in order to assist the In-school Staffing Advisory Committee in the implementation of Article 13.02 of the Collective Agreement.

In addition to the Principal and Steward, membership on the In-school Staffing Advisory Committee should represent the size of the school, the diversity of the school organization, including representation by division, specialty and support teachers. After consultation between the Principal and the Steward regarding the representation on the Committee, the Steward facilitates the election of staff representatives by the teachers in the school.

A member of the committee, other than the Principal or Steward, normally acts as chair.

The Chair of the Committee, in conjunction with the Committee members, will be responsible for the development of the agenda. A copy of the agenda should be circulated to members of the Committee in advance of the meeting.

A summary of recommendations should be recorded by a member of the Committee, on a rotating basis, to ensure that the Committee members have a common understanding. This summary should be reviewed at the start of each subsequent meeting.

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APPENDIX B (Continued)

In-school Staffing Advisory Committee - Terms of Reference

Given the timelines inherent in the E-1 and G-32 memos, the Principal will provide the following information to the Committee in a timely manner:

o enrolment projections by grade o actual enrolment by grade (for September Reorganization

only) o staffing allocation received from Superintendent in each

staffing category (classroom teacher, ESL, guidance, ISSP, library, planning time, etc.)

o E.J.S.C. divisors and range of class sizes o seniority list of all teachers on staff

Determination of any excess to school teachers, by seniority/program qualifications, requires sensitivity. All such decisions will be made according to the parameters in the E-1 memo (September) and G-32 FAQ (February). It is important for the Principal to discuss these parameters with the Committee members prior to discussions taking place. All such discussions remain confidential to the Committee until the Principal has completed discussions with individuals affected and shared the names with all staff.

School Organizations are developed through the following In-school Staffing Advisory Committee process:

o consideration and discussion of information/data provided by the Principal to guide the development of a school organization

o discussion of a draft(s) organization o vetting a final draft organization o Principal informs staff impacted by the final school

organization o sharing of the final school organization with all staff by the

Principal

Any member of the Committee may request a meeting, through the chair, as required over the course of a school year.

Although one of the roles of the In-school Staffing Advisory Committee is monitoring the level of integration of exceptional pupils into regular classroom programs, one suggested mechanism and venue for consideration of the integration of pupils is the spring class building and placement process meetings.

10/16/2007

96

LETTER OF UNDERSTANDING

Re: Scheduling of Parent/Teacher Interviews In the 2008-09 school year, it is the Board's intention to maintain its current practice as of 2004-05 regarding the scheduling of parent/teacher interviews. In the 2009-10 school year, the Board will maintain its current practice as of 2004-05 regarding the scheduling of parent/teacher interviews on a Professional Activity Day for the first reporting period. In recommending alternatives to a Board designated evening for parent/teacher interviews in March, the Board agrees to consult with and consider input that the Local may wish to provide regarding methods of communication with parents regarding student progress in March of each school year. Effective in 2010-11, in order to maintain its current practice as of 2004-05 regarding the scheduling of parent/teacher interviews on a Professional Activity Day for the first reporting period, the Board will be required to convert the Professional Activity Day previously designated for "year-end reporting and school closing activities" for this purpose. The parties acknowledge that the Professional Learning enhancement described in the Memorandum 2008:B10 is designed to offset the incremental cost of providing teachers with the alternative professional development and training opportunities to compensate for the loss of the equivalent of one day of professional development and training in 2009-10 and two days in 2010-11 and 2011-12. The Board will review with the Local the professional development and training opportunities for elementary Teachers and the expenditures attributed to the professional development and training opportunities for elementary Teachers outlined in the PDT in 2009-10, 2010-11 and 2011-12.

97


Re: Professional Activity Days In the 2009-10 school year, one Professional Activity Day will be designated for the purpose of assessment and completion of report cards at the elementary level. The day will be designated in the calendar prior to the first reporting period. Effective in 2010-11, two (2) Professional Activity Days will be designated for the purpose of assessment and completion of report cards at the elementary level: one prior to the first reporting period and one prior to the second reporting period. No more than two Professional Activity Days shall be designated for the purpose of assessment and completion of report cards at the elementary level. Should the Ministry designate additional days above the current six (6) Professional Activity Days without specifying the particular purpose for those additional days, the Board agrees to consult with and consider input that the Local may wish to provide regarding how those additional Professional Activity Days will be utilized.

98


Re: Implementation of the Grade 4-8 Class Size Reduction under the PDT

The average class size for 2008-09 is 25.02. In accordance with the PDT, the Board will reduce the Grade 4-8 average class size as follows: 2009-10: by 0.1 over their 2008-09 Grade 4-8 average class size: 24.92 2010-11: by 0.2 over their 2008-09 Grade 4-8 average class size: 24:82 2011-12: by 0.3 over their 2008-09 Grade 4-8 average class size: 24.72 Aug 31, 2012: by 0.5 over their 2008-09 Grade 4-8 average class size: 24.52

Staffing information shall be provided by the Board to the Elementary Joint Staffing Committee on an annual basis that will confirm the class size reductions set out above.

99


Re: Implementation of the Grades 7 and 8 Student Success Teachers and Literacy & Numeracy Coaches under the PDT

In accordance with the PDT, "The parties note the government's intention, conditional upon the approval by the Lieutenant-Governor-in-Council, to introduce a $20M allocation in the GSN starting in 2012-13 to support the deployment of Grades 7 and 8 Literacy and Numeracy Coaches and Student Success Teachers in the GSN for all School Boards as follows: 0.32 teacher per 1,000 grade 4 to 8 pupil." Subject to the conditions set out above, the Board will allocate the additional funded teaching positions for the 2012-13 school year and provide staffing information to the Elementary Joint Staffing Committee to confirm the deployment of elementary Literacy and Numeracy Coaches and Student Success Teachers at the Grades 7 and 8 level.

100


Re: PDT Provisions Concerning Principals and Vice-Principals During the 2011-12 school year, if the Board a) reports more elementary Principal and Vice-Principal FTEs devoted

to administative and instructional duties in its 2011-12 Estimates than the number of Principal and Vice-Principal FTEs funded; and

b) projects under spending on its classroom teachers line in its 2011-12

Estimates; it shall recall elementary regular teachers for the duration of the 2011-12 school year who may have otherwise been laid off at the end of the 2010-11 school year because of declining enrolment, up to the lesser of: c) the number of Principal and Vice-Principal FTEs (administrative and

instructional duties) deployed in 2011-12 Estimates above the number of Principal and Vice-Principal FTEs funded; or

d) the dollar value of the projected under spending on the Board's

classroom teachers line in their 2011-12 Estimates. e) For the purposes of subsections a) and c), the number of Principal

and Vice-Principal FTEs funded will be defined as: i) the number of Principals and Vice-Principals funded through the

School Foundation Grant; plus ii) the number of Principals and Vice-Principals reported by the

Board as funded through shares of the Learning Opportunity Grant, the Special Education Grant or the Declining Enrolment Adjustment, provided that these shares do not exceed the provincial average shares of these grants attributed to Principals and Vice-Principals in 2010-11 Estimates, in which case the provincial average shares in 2010-11 Estimates shall be substituted.

101


Re: Teacher Performance Appraisal

The parties agree to establish a committee of no more than three (3) representatives from the Union and no more than three (3) representatives from the Board to discuss Teacher Performance Appraisal. The committee shall meet no later than February 29, 2016 and make recommendations to the Director of Human Resources no later than June 15, 2016. The committee discussions shall include but not limited to:

Communication to Teachers

Timing of TPAs

Notification of TPA

Observation Parameters

Criteria for Evaluation

Out of Cycle TPAs

102

LETTER OF INTENT

Re: Certified Teachers

It is the Board’s intention that programs that are taught by the Board’s

certified elementary teachers as of September, 2004 will be taught by

certified elementary teachers during the term of this Collective Agreement

– September 1, 2014 to August 31, 2017.

103

LETTER OF INTENT

Re: Opening/Closure/Reconfiguration of Schools

At recent collective bargaining negotiations, the parties discussed the issue

of the Opening/Closure/Reconfiguration of Schools.

The parties agreed that in the event that a school is to be opened, closed

or reconfigured, a meeting will be called between the President of the Local

and the Associate Director of Instructional Support Services as soon as

possible after the decision is made to discuss the implications for staff. For

the purpose of this article an affected school is one that would lose students

or gain students as a direct result of the decision to open, close or

reconfigure a school.

104

LETTER OF INTENT

At the recent collective bargaining negotiations, the parties discussed changes in workspace due to internal reorganization, construction, principal or supervisor direction. The parties agree to refer this issue to the Liaison Committee for discussion.

105

LETTER OF INTENT

At the recent collective bargaining negotiations, the parties discussed regional positions. The parties agree to refer this issue to the Liaison Committee for discussion. The discussion will include but not limited to:

Current regional positions

Timing and hiring process for regional positions, including new regional positions

Creation and utilization of hiring pools

106

Historical Retirement Allowance – See Part A – Appendix A a) This provision for retirement allowance shall apply to all

Teachers employed by the Board under this collective agreement.

b) Such a Teacher who has completed ten (10) years or more

continuous service from the most recent date of hire with the Board or its predecessors, and has attained the age of retirement, and who upon leaving the Board is immediately eligible to receive pension payments as a participating member of the Ontario Teachers’ Pension Plan, shall be entitled to an allowance on retirement.

c) The amount of the allowance payable shall be calculated as

follows for accumulated years of service with the Board that qualify for step placement:

i) for ten years' service - 20% of the annual salary being paid

at the time of retirement; ii) for each additional year of service - 2% of the annual

salary being paid at the time of retirement; iii) effective January 1, 1999, the foregoing amount shall be

multiplied by the number of sick leave days standing to the credit of the Teacher at the time of retirement, to a maximum of 200, and then divided by 200;

iv) the maximum amount payable shall be 50% of the annual salary being paid at the time of retirement.

d) The allowance will be paid, wholly or in part, in the year of

retirement or in the three years following, at the discretion of the Teacher.

e) In the event of the death of the Teacher any unpaid portion of

the allowance owing shall be paid into the estate of the deceased.

107

INDEX

Allowances……………………………………………………………………………..79 Arbitration………………………………………………………………………………43 Assignments as Vice Principal or Principal…………………….…………………..54 Benefit Plans……………………………………………………………………6, 22, 81 Category Definitions…………………………………………………………………..71 Central Grievance Process…………………………………………………………....3 Central Labour Relations Committee………………………………………………..10 Certified Teachers……………………………………………………………….64, 102 Changes in Workspace...…………………………………………………………....104 Class Size Reduction………………………………………………………………….98 Class Size/Staffing Levels…………………………………………………………….14 Consultation…………………………………………………………………………….47 Continuing Education Teachers.……………………………………………………..69 Coordinators, Consultants, Instructional Coaches and Resources Teachers…..80 Criminal Record Checks……………………………………………………………...47 Data for Negotiations………………………………………………………………….40 Definitions…………………………………………………………………………...1, 37 Diagnostic Assessment……………………………………………………………….11 Discrimination…………………………………………………………………………..69 Duration, Amendment and Renewal…………………………………………………40 Employment Insurance (E.I.) Rebate………………………………………………..20 Excess to School – Fall Term………………………………………………………...63 Expense Allowance…………………………………………………………………....67 Family Responsibility………………………………………………………………….87 Federation Release Time……………………………………………………………..39 Formal Stage Grievance………………………………………………………………42 Grievance Mediation…………………………………………………………………..43 Grievance Procedure………………………………………………………………….42 Health and Safety……………………………………………………………………...68 Informal Stage - Grievance…………………………………………………………...42 In-School Staffing Advisory Committee………………………………………...57, 94 Leaves Without Pay…………………………………………………………………...87 Length of Term/Notice to Bargain/Renewal………………………………………….2 Liaison Committee……………………………………………………………………..67 Literacy and Numeracy Coaches…………………………………………………….99 Local Officers…………………………………………………………………………..39 Long Term Disability…………………………………………………………………..82 Management Rights…………………………………………………………………...45 Medical Certificate……………………………………………………………………..82 Medical Procedures…………………………………………………………………...70 Method of Payment….………………………………………………………………...78 Ministry/Board Initiatives……….……………………………………………………..11 Notice of Resignation or Retirement…………………………………………………66 Occasional Teacher Ability to Lock the Classroom Door..………………………..19 Opening/Closure/Reconfiguration of Schools………………………………...64, 103 Overpayment…………………………………………………………………………..78

108

Part-Time Teachers…………………………………………………………………...64 PDT Provisions Concerning Principals and Vice-Principals……………………..100 Performance Appraisals………………………………………………………...87, 101 Personal Leaves of Absence…………………………………………………………85 Personnel Files………………………………………………………………………...46 Pregnancy/Parental Leaves………………………………………………………….47 Probationary Teachers………………………………………………………………..45 Professional Activity Days…………………………………………………………….97 Professional Development Leave……………………………………………………83 Purpose…………………………………………………………………………………37 Recall……………………………………………………………………………………62 Regional Positions……………………………………………………………………105 Regulation 274 – Hiring Practices……………………………………………………17 Reinstatement………………………………………………………………………….63 Representation…………………………………………………………………………39 Retirement Allowance…………………………………………………………...15, 106 Salary Schedule…………………………………………………………………...70, 73 Scheduling of Parent Teacher Interviews…………………………………………..96 School Year/School Day………………………………………………………………67 Scope and Recognition……………………………………………………………….38 Seniority………………………………………………………………………………...65 Short-Term Professional Development Leave……………………………………...83 Sick Leave………………………………………………………………………7, 16, 82 Special Education Committee………………………………………………………..21 Special Leave…………………………………………………………………………..85 Staff Allocation Committee……………………………………………………………55 Status Quo Central Items………………………………………………………...33, 34 Statutory Leaves of Absence/SEB…………………………………………………..12 Strikes…………………………………………………………………………………..41 Structure and Content of Collective Agreement…………………………………..…1 Student Success……………………………………………………………………….99 Supplement Part-Time Administrative Placement………..………………………..65 Support Staff…………………………………………………………………………...80 Suspension and Discharge…………………………………………………………...71 Teacher Funded Leaves………………………………………………………….50, 93 Teacher-in-Charge…………………………………………………………………….54 Temporary Assignments……………………………………………………………...54 Transfers and Surplus………………………………………………………………...58 Transfer/Surplus Processes………………………………………………………….61 Union Dues and Assessments……………………………………………………….41 Vested Retirement Gratuity Voluntary Early Payout Option………………………..6 Working Conditions……………………………………………………………………88 Year Round Schools…………………………………………………………………..64

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