+ All Categories
Home > Documents > TERMS AND CONDITIONS OF EMPLOYMENT FOR EXCLUDED SUPERVISORY AND CONFIDENTIAL EMPLOYEES ... ·...

TERMS AND CONDITIONS OF EMPLOYMENT FOR EXCLUDED SUPERVISORY AND CONFIDENTIAL EMPLOYEES ... ·...

Date post: 21-Jun-2020
Category:
Upload: others
View: 0 times
Download: 0 times
Share this document with a friend
25
1 DRAFT – October 18/11 TERMS AND CONDITIONS OF EMPLOYMENT FOR EXCLUDED SUPERVISORY AND CONFIDENTIAL EMPLOYEES OF SCHOOL BOARDS JULY 1, 2010 - JUNE 30, 2013 October 2011
Transcript
Page 1: TERMS AND CONDITIONS OF EMPLOYMENT FOR EXCLUDED SUPERVISORY AND CONFIDENTIAL EMPLOYEES ... · 2016-03-16 · EXCLUDED SUPERVISORY AND CONFIDENTIAL EMPLOYEES OF SCHOOL BOARDS JULY

1

DRAFT – October 18/11

TERMS AND CONDITIONS OF EMPLOYMENT

FOR

EXCLUDED SUPERVISORY AND CONFIDENTIAL EMPLOYEES

OF

SCHOOL BOARDS

JULY 1, 2010 - JUNE 30, 2013

October 2011

Page 2: TERMS AND CONDITIONS OF EMPLOYMENT FOR EXCLUDED SUPERVISORY AND CONFIDENTIAL EMPLOYEES ... · 2016-03-16 · EXCLUDED SUPERVISORY AND CONFIDENTIAL EMPLOYEES OF SCHOOL BOARDS JULY

2

INDEX PAGE 1. Purpose 1 2. Definitions 1 3. Appointment to Excluded Positions 1 4. Probationary Period 1 5. Access to Personnel Records 2 6. Performance Review 2 7. Salary 2 8. Hours of Work 2 9. Employee Benefits i) Group Insurance 3 ii) Sick Leave 3 iii) Vacation 4 iv) Professional Leave 5 v) Compassionate Leave 5 vi) Maternity/Parental/Adoption Leave 5 vii) Leave of Absence - General 6 viii) Holidays 6 ix) Injury on Duty 7 x) Disability Leave 9 xi) Deferred Salary Plan 9

xii) Retirement Pay 9 xiii) Travel, Accommodations and Meals 10 xiv) Pension Plan 11 xv) Indemnity 11 10. Education Leave 12 11. Layoff and Recall 13 12. Contract Termination 14 13. Notice Required on Termination 14 14. Severance Pay 14 15. Portability of Benefits 14 16. Classification and Appeal Procedure 15 17. Appeal Process 16 18. Employee Consultation 16

Appendix “I” - Monthly Travel Allowance 17 Schedule “A”- Pay Grids 18 Appendix “II” - Continuing Education 21

Page 3: TERMS AND CONDITIONS OF EMPLOYMENT FOR EXCLUDED SUPERVISORY AND CONFIDENTIAL EMPLOYEES ... · 2016-03-16 · EXCLUDED SUPERVISORY AND CONFIDENTIAL EMPLOYEES OF SCHOOL BOARDS JULY

3

1. PURPOSE

The purpose of these terms of employment is to clearly document for those employees concerned, their rights, privileges, and procedures related to employment with the three Prince Edward Island School Boards, hereinafter collectively referred to as the Employer. It is recognized that all excluded positions are not alike, but they are similar in that they include responsibilities and authority for leadership and management functions which impact on the work of others and the overall effectiveness of the organization.

2. DEFINITIONS

“Employee” - means a person who is employed in a supervisory or confidential administrative assistant role with one of the Employers and who is excluded from any Bargaining Unit.

“Instructional” - means a person who is a certified teacher.

“Non-instructional” - means a person who is not a certified teacher or in a position which does no require a teaching certificate.

“Supervisor” - means the person(s) to whom the employee is immediately responsible.

3. APPOINTMENT TO EXCLUDED POSITIONS

On appointment to an excluded position, the Employer will provide the employee with a letter outlining pay range, immediate supervisor, a job description outlining the general and specific expectations of the position and other related conditions of employment.

4. PROBATIONARY PERIOD

Applicants appointed to an excluded position shall be subject to a probationary period which, unless otherwise stated, shall be six months. This probationary period may be extended for a maximum of three months or the employee’s services may be terminated if the employee does not perform satisfactorily during or by the end of the probationary period.

ACCESS TO PERSONNEL RECORDS

Employees shall, at all reasonable times, have access to review their personnel file.

Page 4: TERMS AND CONDITIONS OF EMPLOYMENT FOR EXCLUDED SUPERVISORY AND CONFIDENTIAL EMPLOYEES ... · 2016-03-16 · EXCLUDED SUPERVISORY AND CONFIDENTIAL EMPLOYEES OF SCHOOL BOARDS JULY

4

5. PERFORMANCE REVIEW

Subject to the policies of the Employer, the employee’s supervisor will conduct a performance review at least once every three years. This review will include an interview and will result in a document signed by both parties and placed in the employee’s personnel file.

6. SALARY

The salary scale for excluded employees is outlined in Schedule “A”. 7. HOURS OF WORK i) Confidential Administrative Assistants: Hours of Work and Overtime

a) Hours of Work: The officially prescribed hours of work is thirty-seven and one-half (37.5) hours per week. Employees shall be entitled to a rest period of fifteen (15) minutes in both the morning and afternoon.

b) Overtime:

As part of their function and responsibility, Confidential Administrative Assistants may be required to work more than the officially prescribed hours as outlined in i) above. This is part of the responsibility of Confidential Administrative Assistants and they will be compensated for such extra time at the rate of time and one-half the regular rate. Confidential Administrative Assistants may be given time off in lieu by mutual consent between the employee and the Employer.

ii) Supervisory Employees

As part of their function and responsibility and by the nature of their positions, which may require attendance at evening meetings, supervisory employees at all levels may be required to work more than the officially prescribed hours for their position. This is part of the responsibilities of supervisory employees and they will not ordinarily be paid for such extra time. The employee may be given time off at the discretion of the Employer. Such time off shall not be allowed to accumulate or be compensated for by payment for time in lieu.

Page 5: TERMS AND CONDITIONS OF EMPLOYMENT FOR EXCLUDED SUPERVISORY AND CONFIDENTIAL EMPLOYEES ... · 2016-03-16 · EXCLUDED SUPERVISORY AND CONFIDENTIAL EMPLOYEES OF SCHOOL BOARDS JULY

5

9. EMPLOYEE BENEFITS

i) Group Insurance:

a) Excluded Instructional Supervisory Employees shall continue to participate in the group life, accidental death and dismemberment, health and dental insurance plans provided through the PEI Teachers’ Federation. The Employer shall pay 100% of the premiums for the foregoing insurance coverage (excluding optional insurance) in which the employee participates.

b) Effective December 1, 2008, Excluded Non-Instructional Supervisory and

Confidential Employees shall participate in the Public Sector Group Insurance Plan Excluded Employee Group for group life, accidental death and dismemberment, health and dental insurance coverage as an attached group. Long term disability coverage is provided by Sun Life Financial Inc. to the Non-Instructional Supervisory and Confidential Employees. The Employer shall pay 100% of the premium for the foregoing insurance coverage (excluding optional insurance) in which the employee participates.

c) The Employer shall provide a $5,000 life insurance benefit to each

employee upon retirement.

ii) Sick Leave:

a) Sick Leave shall accumulate at the rate of 1½ days per month of service to a maximum accumulation of 260 days.

b) For the purpose of calculation of sick leave entitlement, service shall

include service as an employee for any school board or succession of school boards in Prince Edward Island or as an employee of the Prince Edward Island Department of Education.

c) An employee who becomes ill while on vacation and would have been

unable to report for work, if working, shall on notification to their Supervisor, be permitted to substitute sick leave for vacation leave for the number of days of illness.

Page 6: TERMS AND CONDITIONS OF EMPLOYMENT FOR EXCLUDED SUPERVISORY AND CONFIDENTIAL EMPLOYEES ... · 2016-03-16 · EXCLUDED SUPERVISORY AND CONFIDENTIAL EMPLOYEES OF SCHOOL BOARDS JULY

6

iii) Vacation:

Vacation Leave entitlement shall be determined as follows:

a) employees who have completed less than six (6) years continuous service shall earn vacation entitlement at the rate of 1⅔ days per month.

b) employees who have completed six (6) years continuous service shall earn

vacation entitlement at the rate of 2 1/12 days per month.

c) employees who have completed fifteen (15) years continuous service shall earn vacation entitlement at the rate of 2½ days per month.

d) i) Employees shall be entitled to carry over a maximum of one year’s

vacation entitlement commencing July 1, 1998. For the purposes of this carry over, it will be the vacation balance as of the end of December of that school year.

ii) The balance of the accumulated vacation entitlement from June 30,

1998 shall be recognized as a liability on the financial statements of the Employer using the rates of pay in effect for the 2000-01 fiscal period. This liability is frozen at 2000-01 rates until used or paid out upon termination of employment or retirement.

iii) An employee may use the accumulated vacation days as authorized

by the Employer and the liability referred to in ii) above shall be adjusted accordingly.

iv) The balance of any unused vacation days shall be paid out by the

Employer on termination of employment or retirement.

e) For the purpose of calculation of vacation entitlement service shall include service as an employee for any school board or succession of school boards in Prince Edward Island or as an employee of the Prince Edward Island Department of Education.

f) Long Service Leave Credit

On the twenty-fifth (25th) anniversary of employment and every five (5) year anniversary thereafter, an employee shall be granted one (1) days’ paid leave on a day mutually agreed, in recognition of his/her longstanding service.

Page 7: TERMS AND CONDITIONS OF EMPLOYMENT FOR EXCLUDED SUPERVISORY AND CONFIDENTIAL EMPLOYEES ... · 2016-03-16 · EXCLUDED SUPERVISORY AND CONFIDENTIAL EMPLOYEES OF SCHOOL BOARDS JULY

7

iv) Professional Leave:

Professional Leave may be granted with or without pay at the discretion of the Employer.

v) Compassionate Leave:

Compassionate Leave shall be granted at the discretion of the Employer in keeping with the spirit and intent of the current collective agreement with unionized employees. At the Employer’s discretion, the benefit may extend to cases of serious illness in the employee’s immediate family.

vi) Maternity/Parental/Adoption Leave:

a) Employees are entitled to up to fifty-two weeks for maternity, parental or adoption leave without pay.

b) The Supplements to Employment Insurance Maternity or Parental benefits

shall apply as follows:

(i) An employee who provides the Employer with proof that she has applied for and is eligible to receive maternity benefits under the provisions of the Employment Insurance Act shall be paid an allowance for fifteen (15) weeks. The allowance shall be equivalent to the difference between the weekly EI benefits the employee is eligible to receive and eighty percent (80%) of her weekly rate of pay, less any other earnings received by the employee during the benefit period which may result in a decrease in the EI benefits to which the employee would have been eligible if no other earnings had been received during the period.

(ii) An employee, other than an employee who has received an

allowance under Article b)(i), who provides the Employer with proof that he/she has applied for and is eligible to receive parental benefits under the provisions of the Employment Insurance Act shall be paid an allowance for fifteen (15) weeks. The allowance shall be equivalent to the difference between the weekly EI benefits the employee is eligible to receive and eighty percent (80%) of his/her weekly rate of pay, less any other earnings received by the employee during the benefit period which may result in a decrease in the EI benefit to which the employee would have been eligible if no other earnings had been received during this period.

Page 8: TERMS AND CONDITIONS OF EMPLOYMENT FOR EXCLUDED SUPERVISORY AND CONFIDENTIAL EMPLOYEES ... · 2016-03-16 · EXCLUDED SUPERVISORY AND CONFIDENTIAL EMPLOYEES OF SCHOOL BOARDS JULY

8

(iii) If both parents are employees, the maximum entitlement period to either one or both parents shall not exceed fifteen (15) weeks.

(iv) An employee mentioned in (i) or (ii) who is subject to a waiting

period of two (2) weeks before receiving EI benefits, shall receive an allowance equivalent to eighty percent (80%) of his/her weekly rate of pay for each week of the two (2) week waiting period, less any other earnings received by the employee during the waiting period.

(v) The weekly rate of pay for a part-time employee will be the

average weekly salary earned in the twenty (20) week period prior to commencement of the EI claim.

(vi) Where an employee becomes eligible for a salary increment or pay

increase during the benefit period, payments under the Supplements to EI will be increased accordingly.

vii) Leave of Absence - General

The Employer may at its discretion and upon such terms as it deems advisable, grant leave of absence with or without pay to an employee.

viii) Holidays:

Employees shall be entitled to the following holidays off without loss of pay or benefits provided they occur on a regular working day: a) b) Any other day proclaimed by the Federal or Provincial Governments. When a designated holiday (except Christmas Eve) falls on a Saturday or Sunday, the employee shall be entitled to a day off in lieu thereof on the next appropriate working day. It is understood that should the School Calendar include a day otherwise being observed as a day off in lieu of a holiday by non-instructional employees of the Board, then employees required to work on that day may be

New Year’s Day Thanksgiving Day Islander Day Remembrance Day Good Friday Christmas Day Easter Monday Boxing Day Victoria Day Christmas Eve Day Canada Day Floating Day Labour Day

Page 9: TERMS AND CONDITIONS OF EMPLOYMENT FOR EXCLUDED SUPERVISORY AND CONFIDENTIAL EMPLOYEES ... · 2016-03-16 · EXCLUDED SUPERVISORY AND CONFIDENTIAL EMPLOYEES OF SCHOOL BOARDS JULY

9

granted a compensating day off at some other time at the discretion of the Employer.

ix) Injury on Duty:

a) All employees shall be covered by the Workers’ Compensation Act. An

employee prevented from performing his/her regular duties with the Employer as a result of an occupational accident, and that is covered by the Workers’ Compensation Act, which occurred while performing his/her regular duties shall receive leave without pay for the period the employee receives Workers’ Compensation benefits.

b) This provision shall continue for a period of up to two hundred and

seventy (270) calendar days when the employee’s situation shall be reviewed with the Workers’ Compensation Board. If, as a result of the review, medical opinion advises that the employee will be able to return to work within the next ninety (90) calendar days, then the leave of absence shall be extended until the employee returns to work or the ninety (90) days has elapsed, whichever is less.

c) If, as a result of the medical examination, the employee is found to be

medically unfit to carry out functions of the position he/she occupies, then:

(i) the employee may be transferred to a position for which the Employer deems him/her qualified, where the duties are less onerous and within his/her physical capabilities, or

(ii) if a transfer is not available then the employee shall be provided

with disability leave.

d) In the event that the Workers’ Compensation Board deems a re-occurrence of an injury to be a continuation of an initial claim, and the recurrence occurs within sixty (60) calendar days of the expiry of the initial leave of absence, the employee shall only be entitled to those days which are unused from the initial three hundred and sixty (360) days leave of absence under section (b) above. If the recurrence occurs after sixty (60) calendar days following the expiry of the initial leave of absence, the employee shall be entitled to receive the leave of absence outlined in Section x.

e) If at the end of the disability leave the employee’s medical condition is

such that he/she is unable to fulfill the functions of his/her position, then the employee may be laid off.

Page 10: TERMS AND CONDITIONS OF EMPLOYMENT FOR EXCLUDED SUPERVISORY AND CONFIDENTIAL EMPLOYEES ... · 2016-03-16 · EXCLUDED SUPERVISORY AND CONFIDENTIAL EMPLOYEES OF SCHOOL BOARDS JULY

10

f) During the leave of absence provided under section (b) above the Employer shall pay the full cost of the employee’s premiums for compulsory insurance plus the employee’s premiums for group medical and dental insurance providing that the employee was enrolled in these plans prior to his/her injury on duty. The Employer shall also make the employee’s pension contribution, if eligible, during this leave of absence, on the same basis as if the employee had been at work.

g) Notwithstanding section (a) above and subject to section (b) above, in the

event that the salary of an employee, at the time of a claim under the Workers’ Compensation Act, exceeds the maximum annual earning established by regulation, the Employer shall during injury on duty leave continue to pay the employee an amount equal to 80% (85% after 39 weeks) of net income on a bi-weekly basis on that portion of salary which is in excess of the maximum earnings recognized by the Workers’ Compensation Board. The calculation of net pay entitlement shall be made in the same manner as the calculation made by the Workers’ Compensation Board up to the maximum annual earnings.

h) During the period of injury on duty leave, increments, sick leave, vacation

leave, severance pay and retiring pay will continue to be accumulated and calculated on the same basis as if the employee had been at work.

i) Pending the initial decision of a Workers Compensation Claim, an

employee shall continue on payroll and shall be paid at the level which is equivalent to his/her entitlement under the Workers Compensation Act. When the claim is approved, the employee agrees to repay the amount equivalent to the amount paid by the Employer pending the approval of the claim. If the claim is not approved, the employee will be entitled to apply for sick leave.

j) An employee who is injured during working hours and is required to leave

for treatment or is sent home as a result of such injury, shall receive payment for the remainder of the day without deduction from sick leave, unless a doctor states the employee is fit for further work that day or shift.

k) The Employer agrees that the right to return to work provisions of Section

86 of the Workers’ Compensation Act shall prevail. x) Disability Leave:

Upon the expiry of injury on duty leave and/or sick leave, an employee who is eligible for Long Term Disability benefits shall be provided with disability leave without pay for the period requested up to a maximum of twelve (12) months.

Page 11: TERMS AND CONDITIONS OF EMPLOYMENT FOR EXCLUDED SUPERVISORY AND CONFIDENTIAL EMPLOYEES ... · 2016-03-16 · EXCLUDED SUPERVISORY AND CONFIDENTIAL EMPLOYEES OF SCHOOL BOARDS JULY

11

An employee granted leave under this provision shall not be granted additional leave under any other leave provision.

xi) Deferred Salary Plan:

Employees shall be entitled to participate in a deferred salary plan for purposes of taking a Leave of Absence at some future time under such terms and conditions as may be approved by the Employer and is in compliance with Canada Revenue Agency rules respecting deferred salary plans. Group insurance benefits will continue to be paid 100% by the Employer during the leave.

xii) Retirement Pay:

Eligibility Employees who meet one of the following conditions are eligible for retirement pay:

a) when an employee having five (5) or more years of continuous service

with a school board in Prince Edward Island retires at age 55 or more; or

b) when an employee retires having 30 years of service, the last ten (10) of which must be continuous service with a school board in Prince Edward Island; or

c) when an employee having five (5) or more years continuous service with a

school board in Prince Edward Island dies; or

d) when an employee having five (5) or more years continuous service with a school board in Prince Edward Island is forced to retire due to illness or injury which prevents him/her from continuing employment and which is substantiated by medical evidence suitable to the board.

For the purpose of (xii)( b) above service may include service as instructional or supervisory staff for any school board or succession of school boards in Canada or as an employee for any Department of Education in Canada provided that the employee has not received retirement pay from the jurisdiction for which service is being claimed.

Calculation

The Retirement Pay Benefit is five (5) days pay for each years of continuous service with a school board in Prince Edward Island to a maximum of 150 days and is calculated as follows:

Page 12: TERMS AND CONDITIONS OF EMPLOYMENT FOR EXCLUDED SUPERVISORY AND CONFIDENTIAL EMPLOYEES ... · 2016-03-16 · EXCLUDED SUPERVISORY AND CONFIDENTIAL EMPLOYEES OF SCHOOL BOARDS JULY

12

Authorized annual salary rate x 5 days for each years of continuous service working days/ year (260)

(To a maximum of 150 days)

Service Prior to June 30, 2007

For existing employees the calculation for their retirement pay for their first twelve (12) years worked prior to July 1, 2007 would be on the basis of the formula included in the Terms and Conditions of Employment for Excluded Supervisory and Confidential Employees July 1, 2004 to June 30, 2007. The calculation is as follows:

The retirement Pay Benefit is six (6) days pay for each of the first twelve (12) years.

Authorized annual salary rate x 6 days for each of the first twelve years of full

working days/ year (260) time service

xiii) Travel, Accommodations and Meals:

a) Employees shall be compensated for travel, accommodations and meals at the Provincial rates as established by Treasury Board. Meal rates are as follows:

An employee who is on School Board business within the Province shall be reimbursed for meals on the following basis:

(i) Breakfast at $8.00, if the employee was away from his/her

residence on government business on the preceding evening and was required to remain there overnight, or if the time of departure from his/her residence was earlier than 6:00 a.m.

(ii) Lunch at $10.00, if the employee was away from his/her residence

the previous night.

(iii) Dinner at $16.00, if the time of departure from the workplace is later than 6:30 p.m.

Out of Province/Country Meal Allowances

(i) An employee who is on school board business outside the province

shall be reimbursed for meals on the following basis:

(a) Breakfast at $10.00 (b) Lunch at $15.00 (c) Dinner at $25.00

Page 13: TERMS AND CONDITIONS OF EMPLOYMENT FOR EXCLUDED SUPERVISORY AND CONFIDENTIAL EMPLOYEES ... · 2016-03-16 · EXCLUDED SUPERVISORY AND CONFIDENTIAL EMPLOYEES OF SCHOOL BOARDS JULY

13

(ii) An employee who is on school board business in the USA shall be

reimbursed for meals as outlined above but the rate shall be paid in US funds.

b) The attached guidelines for the provision of monthly allowances and the

provision of Board owned or leased vehicles (Appendix I) shall be used by Boards to determine individual employee eligibility for allowances or provision of Board owned or leased vehicles.

xiv) Pension Plan:

All Employees shall contribute to either the Civil Service Superannuation Fund (Non-Instructional) or the P.E.I. Teacher’s Superannuation Fund (Instructional) at rates as may be prescribed from time to time. These rates shall be cost shared on a 50/50 basis with the Employer.

xv) Indemnity:

The Board shall indemnify an employee against all costs, fees, charges, expenses and any fines, and penalties, reasonably incurred by him/her in respect of any civil action or proceeding, brought by a third party, to which he/she is made a party by reason of his/her having been an employee of the Board, if he/she acted honestly and in good faith with a view to the best interest of the Board.

Employees shall:

a) give prompt notice to the Board, with all available particulars, of any

incident involving loss or damage to persons or property, and of any claim made on account of the incident;

b) cooperate with the Board in all respect in the defense of any action or

proceeding or in the prosecution of any appeal;

c) not voluntarily assume any liability or settle any claim except at his/her own cost or with the express consent of the Board; and

d) not interfere in any negotiations, settlement or legal proceeding.

10. EDUCATION LEAVE

The Employer recognizes the desirability of upgrading staff and may grant leave of absence with pay for such purposes as recommended by the employee’s supervisor and

Page 14: TERMS AND CONDITIONS OF EMPLOYMENT FOR EXCLUDED SUPERVISORY AND CONFIDENTIAL EMPLOYEES ... · 2016-03-16 · EXCLUDED SUPERVISORY AND CONFIDENTIAL EMPLOYEES OF SCHOOL BOARDS JULY

14

approved by the Superintendent. Employees authorized by the Employer to attend professional or technical meetings and workshops shall be granted leave of absence with pay.

11. LAYOFF AND RECALL i) A layoff may be necessitated by: a) a shortage of work or funds, or b) the abolition of a position, or c) material changes in duties, or organization, or d) where an employee's physical condition is such that he/she is unable to

fulfill the functions of his/her position. ii) a) Where a Superintendent intends a layoff of an employee, he/she shall

notify the employee in writing. Information on pension, retiring pay and severance pay entitlements, where applicable, will be provided to the employee.

b) Upon request the employee may meet with a representative of the board to

discuss available vacant positions, for which the employee is qualified and eligible.

iii) Within fourteen (14) calendar days of receiving the notification, the employee

shall notify the Superintendent in writing of his/her intent to: a) accept a transfer; or b) take early retirement if eligible; or c) accept a layoff. iv) Employees notified of intended layoff have priority for placement by the board to

available vacant positions for which they qualify at the same or lower classification level.

v) The Superintendent shall cause a written notice of layoff to be given to the

employee at least one hundred and twenty (120) calendar days before the effective date thereof, excepting cases of employees laid off due to a physical condition who shall receive advance written notice of at least sixty (60) calendar days. During the notice period an employee who chooses the transfer option and who has received a notice of layoff shall continue to be considered for any available vacancies for which he/she is qualified at the same or lower classification level.

vi) An employee subject to layoff who accepts a position with a lower maximum rate

of pay than the maximum rate of pay for the employee's current position shall

Page 15: TERMS AND CONDITIONS OF EMPLOYMENT FOR EXCLUDED SUPERVISORY AND CONFIDENTIAL EMPLOYEES ... · 2016-03-16 · EXCLUDED SUPERVISORY AND CONFIDENTIAL EMPLOYEES OF SCHOOL BOARDS JULY

15

retain his/her current rate of pay until such time as the rate of the lower paid position equals or exceeds the current rate.

vii) The name of an employee who is laid off shall be placed on a recall list for

eighteen (18) months from the effective date of the layoff, or until the date on which his or her contract with the school board was scheduled to expire, whichever first occurs.

12. CONTRACT TERMINATION

An employee’s contract of employment may be terminated as follows:

i) at any time by dismissal for cause or unsatisfactory service;

ii) by mutual consent, in writing, of the employee and the Employer;

iii) by the employee giving the Employer 60 days notice in writing; or

iv) by the Employer, where the position is abolished. 13. NOTICE REQUIRED ON TERMINATION

The Employer shall provide notice on termination of employment as follows:

i) in the case of non-instructional employees, where the position is abolished, the employer shall give 120 working days notice in writing; and

ii) in the case of instructional supervisory employees, where the position is

abolished, by the Employer giving notice in accordance with the provisions of section 90 of the School Act.

14. SEVERANCE PAY

Where an Employer terminates the contract of an employee with more than five (5) years continuous service under Section 10(iv) the employee shall receive severance pay on the basis of ten (10) days per each full year of service to a maximum of one hundred and fifty days (150) pay. A partial year of service in the final year shall be pro-rated. An employee is not entitled to receive severance pay in addition to retirement pay.

Page 16: TERMS AND CONDITIONS OF EMPLOYMENT FOR EXCLUDED SUPERVISORY AND CONFIDENTIAL EMPLOYEES ... · 2016-03-16 · EXCLUDED SUPERVISORY AND CONFIDENTIAL EMPLOYEES OF SCHOOL BOARDS JULY

16

15. PORTABILITY OF BENEFITS i) When an employee receives permanent employment in an excluded position with

the Province of Prince Edward Island, the employee will be entitled to transfer the following benefits to the Province:

a) accumulated sick days; b) accumulated retiring/severance allowance entitlement; and c) length of vacation entitlement. ii) The benefits of subsection (1) apply as well where a permanent employee of the

Province of Prince Edward Island receives employment as an excluded employee with a Prince Edward Island school board.

iii) Subsections (a) and (b) shall apply only where the new employment is

commenced within ninety (90) days after employment is terminated with the previous employer.

iv) Notwithstanding (a) and (b), a period of continuous service used in the calculation

of a severance pay, retiring pay or service gratuity benefit actually paid out by the former employer cannot be used in the calculation of any of these benefits with the new employer.

v) Section 15 shall have retrospective effect insofar as it shall apply to the movement

of any permanent employee between Government and a School Board which occurred prior to the date of this Agreement where the employee is still employed with the Government or a School Board as of the date of this Agreement and there was no break in continuous service at the time of the movement.

16. CLASSIFICATION AND APPEAL PROCEDURE - EXCLUDED EMPLOYEES

The Classification Appeal Procedure is as follows:

i) An excluded, permanent employee may appeal the decision of the Commission with respect to classification of a position to the Classification Appeal Committee within fifteen (15) working days of receipt of the decision.

ii) The Classification Appeal Committee will be composed of three (3) members and

one alternate member:

a) One (1) member and one (1) alternate member are appointed by the Excluded Employees Group;

b) One (1) member is appointed from the Deputy Ministers’ Group; and

Page 17: TERMS AND CONDITIONS OF EMPLOYMENT FOR EXCLUDED SUPERVISORY AND CONFIDENTIAL EMPLOYEES ... · 2016-03-16 · EXCLUDED SUPERVISORY AND CONFIDENTIAL EMPLOYEES OF SCHOOL BOARDS JULY

17

c) The Chairperson is appointed through mutual agreement of both groups.

17. APPEAL PROCESS

i) An appeal to the Committee shall be made in writing to the Chairperson specifying the reasons for the appeal and the appellant shall send a copy of the appeal to the Board.

ii) An appeal shall not be considered by the Committee unless the decision of the

Commission was reviewed by the appellant with a designated employee of the Commission prior to the filing of the appeal.

iii) The Commission shall provide the chairperson of the Committee with all

documentation in the Commission’s possession with respect to the appeal.

iv) The Committee shall review the appeal, and may hold a hearing.

v) The Committee shall communicate its decision in writing, giving reasons therefor to the parties within thirty working days of reviewing the appeal.

vi) The Committee may:

a) allow the appeal by revoking the decision of the Commission and

directing that the Commission re-evaluate the position and correct any errors or omissions or take other appropriate act; or

b) dismiss the appeal.

A decision of the majority of the Committee on an appeal shall constitute the decision of the Committee and shall be binding on the Commission, the employer and the employee.

The Committee shall not deal with an appeal on any position which has been considered by it within the previous twelve months unless the appellant can demonstrate in writing that there has been a substantial change in the duties and responsibilities of the position since the position was last reviewed by the Committee.

18. EMPLOYEE CONSULTATION

The Minister or his/her designate shall, from time to time, consult with a Committee of Excluded Employees regarding the contents of this policy directive including salaries and benefits as well as any other matters affecting the terms and conditions of employment of

Page 18: TERMS AND CONDITIONS OF EMPLOYMENT FOR EXCLUDED SUPERVISORY AND CONFIDENTIAL EMPLOYEES ... · 2016-03-16 · EXCLUDED SUPERVISORY AND CONFIDENTIAL EMPLOYEES OF SCHOOL BOARDS JULY

18

excluded confidential employees. A meeting shall be held at the request of either the Employee’s Committee or the Minister for the purpose of dealing with matters of mutual interest. Any consultation between the Minister or his/her designate and the Committee shall also include consultation with the Chairperson of each Board.

Page 19: TERMS AND CONDITIONS OF EMPLOYMENT FOR EXCLUDED SUPERVISORY AND CONFIDENTIAL EMPLOYEES ... · 2016-03-16 · EXCLUDED SUPERVISORY AND CONFIDENTIAL EMPLOYEES OF SCHOOL BOARDS JULY

19

APPENDIX “I”

PRINCE EDWARD ISLAND EXCLUDED SUPERVISORY AND CONFIDENTIAL EMPLOYEES

MONTHLY TRAVEL ALLOWANCE GUIDELINES ______________________________________________

The School Board has the sole right to determine which employees are required, as a condition of employment to provide a motor vehicle for the purpose of carrying out employment functions. Such determination is subject to review once every twelve months. Determination of the requirement to provide a vehicle must take into consideration:

a) the nature of the function performed such that travel is a primary aspect in the performance of the employee’s duties; and

b) the necessity to have transportation available at all times; and

c) the degree of control which the employee can exercise in the determination of

when travel is required. Employees designated under these criteria are required to have their vehicle available for use on all working days. The School Board may also determine that the travel needs of a position can be more economically met through the provision of board leased or owned vehicles. Generally this will apply to employees who travel more than 30,000 kilometers a year. If an employee is required to provide a motor vehicle, the employee has the option to choose either:

a) the kilometer travel allowance as approved from time to time by Treasury Board, or

b) a monthly allowance of $300 plus one-half (½) of the kilometer rates established

by Treasury Board. Employees who choose the monthly travel allowance plus one-half the kilometer rates should be aware that Canada Customs and Revenue Agency has determined this method of reimbursement to be a taxable allowance. Canada Customs and Revenue Agency has an interpretation bulletin which outlines how to deal with this method of travel reimbursement.

Page 20: TERMS AND CONDITIONS OF EMPLOYMENT FOR EXCLUDED SUPERVISORY AND CONFIDENTIAL EMPLOYEES ... · 2016-03-16 · EXCLUDED SUPERVISORY AND CONFIDENTIAL EMPLOYEES OF SCHOOL BOARDS JULY

20

SCHEDULE "A"

July 1, 2010 - December 31, 2010

Step 1 Step 2 Step 3 Step 4 Step 5 Step 6

Level 7 31,681 33,057 34,435

Level 8 33,404 34,856 36,308

Level 9 33,766 35,302 36,836 38,371

Level 10 35,749 37,373 38,998 40,623

Level 11 37,947 39,671 41,396 43,121

Level 12 38,523 40,358 42,193 44,027 45,861

Level 13 41,053 43,009 44,963 46,919 48,873

Level 14 43,834 45,921 48,008 50,096 52,183

Level 15 44,243 46,456 48,668 50,880 53,092 55,305

Level 16 46,479 48,803 51,127 53,450 55,774 58,098

Level 17 48,933 51,380 53,827 56,273 58,720 61,167

Level 18 51,624 54,206 56,787 59,368 61,949 64,531

Level 19 54,598 57,328 60,057 62,787 65,517 68,247

Level 20 57,876 60,771 63,664 66,558 69,452 72,345

Level 21 61,350 64,418 67,485 70,553 73,620 76,687

Level 22 64,570 67,799 71,028 74,256 77,485 80,713

Level 23 67,961 71,359 74,757 78,155 81,552 84,951

Level 24 71,529 75,106 78,682 82,258 85,835 89,411

Level 25 75,284 79,049 82,812 86,576 90,340 94,105

Level 26 79,237 83,198 87,160 91,122 95,083 99,046

Level 27 83,397 87,566 91,736 95,906 100,076 104,245

Level 28 87,775 92,164 96,552 100,940 105,330 109,718

Level 29 92,383 97,001 101,621 106,240 110,860 115,478

Level 30 97,233 102,095 106,956 111,818 116,679 121,541

Page 21: TERMS AND CONDITIONS OF EMPLOYMENT FOR EXCLUDED SUPERVISORY AND CONFIDENTIAL EMPLOYEES ... · 2016-03-16 · EXCLUDED SUPERVISORY AND CONFIDENTIAL EMPLOYEES OF SCHOOL BOARDS JULY

21

SCHEDULE "A"

January 1, 2011 - June 30, 2011

Step 1 Step 2 Step 3 Step 4 Step 5 Step 6

Level 7 31,997 33,388 34,779

Level 8 33,738 35,205 36,672

Level 9 34,104 35,655 37,204 38,755

Level 10 36,106 37,747 39,388 41,029

Level 11 38,326 40,067 41,810 43,552

Level 12 38,909 40,761 42,615 44,467 46,320

Level 13 41,464 43,439 45,413 47,388 49,362

Level 14 44,272 46,380 48,488 50,597 52,704

Level 15 44,685 46,921 49,155 51,389 53,623 55,858

Level 16 46,944 49,291 51,638 53,985 56,332 58,679

Level 17 49,423 51,894 54,365 56,836 59,308 61,778

Level 18 52,140 54,748 57,355 59,961 62,569 65,176

Level 19 55,144 57,901 60,657 63,415 66,172 68,929

Level 20 58,455 61,378 64,301 67,224 70,146 73,069

Level 21 61,964 65,062 68,160 71,258 74,356 77,454

Level 22 65,216 68,477 71,739 74,999 78,260 81,520

Level 23 68,640 72,072 75,505 78,936 82,368 85,801

Level 24 72,245 75,857 79,469 83,081 86,693 90,305

Level 25 76,037 79,839 83,640 87,442 91,244 95,046

Level 26 80,029 84,030 88,032 92,033 96,034 100,036

Level 27 84,231 88,442 92,654 96,865 101,077 105,288

Level 28 88,653 93,085 97,517 101,950 106,383 110,816

Level 29 93,307 97,971 102,637 107,302 111,968 116,633

Level 30 98,205 103,116 108,026 112,936 117,846 122,757

Page 22: TERMS AND CONDITIONS OF EMPLOYMENT FOR EXCLUDED SUPERVISORY AND CONFIDENTIAL EMPLOYEES ... · 2016-03-16 · EXCLUDED SUPERVISORY AND CONFIDENTIAL EMPLOYEES OF SCHOOL BOARDS JULY

22

SCHEDULE "A"

July 1, 2011 - December 31, 2011

Step 1 Step 2 Step 3 Step 4 Step 5 Step 6

Level 7 32,317 33,722 35,127

Level 8 34,075 35,557 37,038

Level 9 34,445 36,011 37,576 39,142

Level 10 36,468 38,124 39,782 41,440

Level 11 38,709 40,468 42,228 43,988

Level 12 39,298 41,169 43,041 44,912 46,783

Level 13 41,879 43,873 45,867 47,862 49,855

Level 14 44,715 46,844 48,973 51,103 53,232

Level 15 45,132 47,390 49,646 51,902 54,159 56,416

Level 16 47,413 49,784 52,155 54,525 56,895 59,266

Level 17 49,917 52,412 54,909 57,404 59,901 62,396

Level 18 52,662 55,295 57,929 60,561 63,195 65,828

Level 19 55,695 58,480 61,264 64,049 66,834 69,618

Level 20 59,039 61,992 64,944 67,896 70,848 73,799

Level 21 62,584 65,713 68,842 71,971 75,100 78,229

Level 22 65,868 69,162 72,456 75,749 79,043 82,335

Level 23 69,327 72,793 76,260 79,726 83,192 86,659

Level 24 72,967 76,615 80,264 83,912 87,560 91,208

Level 25 76,798 80,638 84,476 88,316 92,156 95,996

Level 26 80,829 84,870 88,912 92,954 96,995 101,036

Level 27 85,073 89,326 93,580 97,833 102,087 106,340

Level 28 89,539 94,016 98,493 102,969 107,447 111,924

Level 29 94,240 98,951 103,664 108,375 113,088 117,799

Level 30 99,187 104,147 109,106 114,066 119,024 123,984

Page 23: TERMS AND CONDITIONS OF EMPLOYMENT FOR EXCLUDED SUPERVISORY AND CONFIDENTIAL EMPLOYEES ... · 2016-03-16 · EXCLUDED SUPERVISORY AND CONFIDENTIAL EMPLOYEES OF SCHOOL BOARDS JULY

23

SCHEDULE "A"

January 1, 2012 - June 30, 2012

Step 1 Step 2 Step 3 Step 4 Step 5 Step 6

Level 7 32,641 34,059 35,478

Level 8 34,416 35,912 37,409

Level 9 34,789 36,371 37,952 39,534

Level 10 36,832 38,505 40,180 41,854

Level 11 39,097 40,873 42,650 44,428

Level 12 39,691 41,580 43,471 45,361 47,251

Level 13 42,297 44,312 46,326 48,340 50,354

Level 14 45,162 47,312 49,463 51,614 53,764

Level 15 45,584 47,864 50,143 52,421 54,700 56,980

Level 16 47,888 50,282 52,676 55,070 57,464 59,859

Level 17 50,416 52,937 55,458 57,978 60,500 63,020

Level 18 53,188 55,848 58,508 61,167 63,826 66,486

Level 19 56,252 59,065 61,876 64,689 67,502 70,315

Level 20 59,630 62,612 65,593 68,575 71,556 74,537

Level 21 63,209 66,370 69,530 72,690 75,851 79,011

Level 22 66,527 69,854 73,180 76,506 79,833 83,159

Level 23 70,020 73,521 77,022 80,523 84,024 87,525

Level 24 73,697 77,381 81,066 84,751 88,436 92,121

Level 25 77,566 81,444 85,321 89,200 93,078 96,956

Level 26 81,637 85,719 89,801 93,883 97,965 102,047

Level 27 85,924 90,219 94,516 98,812 103,108 107,404

Level 28 90,435 94,956 99,478 103,999 108,521 113,043

Level 29 95,182 99,941 104,700 109,459 114,219 118,977

Level 30 100,179 105,188 110,197 115,206 120,215 125,224

Page 24: TERMS AND CONDITIONS OF EMPLOYMENT FOR EXCLUDED SUPERVISORY AND CONFIDENTIAL EMPLOYEES ... · 2016-03-16 · EXCLUDED SUPERVISORY AND CONFIDENTIAL EMPLOYEES OF SCHOOL BOARDS JULY

24

SCHEDULE "A"

July 1, 2012 - June 30, 2013

Step 1 Step 2 Step 3 Step 4 Step 5 Step 6

Level 7 33,293 34,740 36,188

Level 8 35,104 36,631 38,157

Level 9 35,485 37,099 38,711 40,324

Level 10 37,569 39,276 40,983 42,691

Level 11 39,878 41,690 43,503 45,316

Level 12 40,485 42,412 44,341 46,268 48,196

Level 13 43,143 45,198 47,252 49,307 51,361

Level 14 46,065 48,258 50,452 52,646 54,839

Level 15 46,495 48,821 51,145 53,470 55,794 58,120

Level 16 48,845 51,288 53,730 56,171 58,614 61,056

Level 17 51,425 53,995 56,567 59,138 61,710 64,280

Level 18 54,252 56,965 59,678 62,390 65,103 67,816

Level 19 57,377 60,246 63,114 65,983 68,852 71,721

Level 20 60,822 63,864 66,905 69,946 72,987 76,028

Level 21 64,474 67,697 70,921 74,144 77,368 80,591

Level 22 67,857 71,251 74,644 78,036 81,430 84,822

Level 23 71,421 74,991 78,563 82,133 85,704 89,276

Level 24 75,171 78,929 82,687 86,446 90,204 93,963

Level 25 79,117 83,073 87,028 90,984 94,939 98,895

Level 26 83,270 87,433 91,597 95,761 99,924 104,088

Level 27 87,642 92,024 96,406 100,788 105,170 109,552

Level 28 92,243 96,855 101,467 106,079 110,692 115,304

Level 29 97,086 101,939 106,794 111,648 116,503 121,357

Level 30 102,183 107,292 112,401 117,510 122,619 127,729

Page 25: TERMS AND CONDITIONS OF EMPLOYMENT FOR EXCLUDED SUPERVISORY AND CONFIDENTIAL EMPLOYEES ... · 2016-03-16 · EXCLUDED SUPERVISORY AND CONFIDENTIAL EMPLOYEES OF SCHOOL BOARDS JULY

25

APPENDIX “II”

CONTINUING EDUCATION

The Employer is committed to staff training and development opportunities for excluded employees which will support the growth of knowledge and skills beneficial to both the organization and the individual. To this end and commencing July 1, 2008, the Employer shall provide the sum of six thousand ($6,000) in each year of this Agreement for the purpose of providing training and development opportunities for Excluded Supervisory and Confidential Employees. A joint committee with representatives from the Excluded Employees group, the Department of Education, and School Boards will develop a policy for the administration of this fund.


Recommended