TORONTO DESIGNATED EARLY CHILDHOOD EDUCATORS · toronto catholic district school board ... 2014...

COLLECTIVE AGREEMENT

BETWEEN

TORONTO CATHOLIC DISTRICT SCHOOL BOARD

AND

TORONTO DESIGNATED EARLY CHILDHOOD EDUCATORS

OF THE

ELEMENTARY TEACHERS' FEDERATION OF ONTARIO

September 1, 2014 -August 31, 2017

Includes:

"Part A" - Elementary Teachers' Federation of Ontario (ETFO) Education Workers Central Collective

Agreement "Part B" - Toronto Designated Early Childhood Educators- ETFO Local Collective Agreement

Memorandum of Understanding June 2013- Appended to "Part B"

Agreement

Between

TORONTO CATHOLIC DISTIUCT SCHOOL BOARD

And

THE TORONTO DESIGNATED EARLY CHILDHOOD EDUCATORS


EMPLOYED BY THE BOARD

For the school years

(September 1, 2014 - August 31, 2017)

2014/2017

NOTE: Reference to Toronto Designated Early Childhood Educator shall be abbreviated throughout this Collective Agreement as (DECE)

NOTE: Any amendments to this agreement shall appear in bold text.

THIS AGREEMENT made as of the 2nd day of March 2016

BETWEEN

TORONTO CATHOLIC DISTRICT SCHOOL BOARD

Hereinafter referred to as the "Board"

OF THE FIRST PART

- and-

TORONTO DESIGNATED EARLY CHILDHOOD EDUCATORS

OF THE ELEMENTARY TEACHERS' FEDERATION OF ONTARIO

Hereinafter referred to as "DEC Es"

OF THE SECONDARY PART

Whereas the Collective Bargaining Committee has been appointed to represent them in meeting with the Board to establish salary schedules, allowances, benefit plans and ce1iain conditions of employment related thereto for the school years 2014/2017 including a procedure for settling grievances arising under this agreement;

AND WHEREAS the Board and the Designated Early Childhood Educators have entered into this agreement for the above recited purposes;

NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and the covenants hereinafter expressed and contained, the Board and the Teachers do covenant, undertake and agree the one with the other as follows:

''PART A'' Elen1entary Teachers' Federation of Ontario (ETFO) Education

Workers- Central Collective Agreement

MEMORANDUM OF SETTLEMENT

of all outstanding matters forming the agreement on central terms pursuant to the School Boards Collective Bargaining Act, 2014

BETWEEN

COUNCIL OF TRUSTEES' ASSOCIATIONS (hereinafter the 'CTA')

AND


(hereinafter: 'ETFO')

AND AGREED TO BY

THE CROWN

1. The parties and the Crown agree that this Memorandum and attached Appendices form the basis of a full and final settlement of the current round of Central negotiations. The parties and the Crown agree to recommend the terms of settlement as set out herein and in the accompanying appendices to their respective principals,

2. Attached as Appendix II is a memorandum agreed to by ETFO, the CTA and the Crown that does not form part of the central terms of collective agreements concluded between the parties.

3. Attached as Appendix Ill is a letter of understanding agreed to by the parties and the

Crown referring contested sick leave terms to arbitration.

4. Ratification of the Central terms by both parties and agreement of the Crown shall be deemed to have occurred on the latest date on which ratification occurs by ETFO and by the CTA and by agreement of the Crown. The Parties agree that upon completion of central ratification and Crown approval and local ratification, the central and local terms will take effect at the applicable board. The Parties will endeavor to complete the central ratification process by December 16, 2015.

5. Except as provided otherwise in the terms of the Memorandum of Settlement or accompanying Appendices, all provisions shall be effective on the date of the ratification of the local terms, as per Section 39 (6, 7) of the School Boards Collective Bargaining Act.

6. Any compensation items that are retroactive shall be paid no later than ninety (90) days

SUBJECT TO ERRORS AND OMISSIONS

following ratification of the respective local terms. Any dispute with respect to such payments shall be determined by the local grievance procedure in each collective agreement.

7. The collective agreement in each District School Board for education workers shall consist of two parts. Part "A" consists of provisions respecting Central issues. Part "B" consists of provisions with respect to Central and Local Issues.

8. The terms herein, and in the accompanying Appendix I shall form the entirety of the central terms of the collective agreement and any directions to local parties with respect to centrally bargained issues.

9. Appendix I includes agreements reached at the central table that direct local parties with respect to the incorporation of local language on central issues. Such incorporation shall occur as part of the process of finalizing the structure and content of each collective agreement. In the event there is any dispute respecting the structure or content of the collective agreement to be implemented as a result of these terms of settlement, the dispute shall be resolved through the central dispute resolution process provided for under this Memorandum of Settlement.

10. The discounted net present value of future retirement gratuities, Scheduled Unpaid Leave Plan, and 2014-2015 non-ECE grid holdback, provides for increases to salaries, wages and direct compensation. Boards shall adjust their current salary grids and wage schedules in accordance with the following schedule:

o September 1, 2014 • 0%

e September 1, 2015 • Elimination of the half year delay in grid movement retroactively • 1% of earned wages as a part of this bargaining unit as a lump

sum payment to all members covered by the collective agreement

• September 1, 2016 • 1% adjustment to the salary grids and wage schedules, and to

positions of responsibility allowances

• February 1, 2017 • 0.5% adjustment to the salary grids and wage schedules, and to

positions of responsibility allowances


11. Effective September 1, 2015, provisions or deemed provisions, if any, in collective agreements between ETFO and District School Boards which delay movement through and across salary grids in accordance with experience and qualifications until the 97th day of the school year or thereafter as applicable shall be deemed null and void and shall not form part of these collective agreements. ETFO grievances with respect to the 97th day delay are hereby settled.

12. Lump Sum Payments: All lump sum payments shall be considered earned wages for pension purposes under the Ontario Municipal Employees' Retirement System (OMERS) and the Ontario Teachers' Pension Plan (OTPP).

13. Regular Permanent Employees: All employees employed by a district school board on September 8, 2015, shall be paid a lump sum amount equal to 1% of the employee's placement on the salary grid plus position of responsibility allowances under the collective agreement in effect September 8, 2015. For clarity, an employee must be actively at work, on statutory leave, board approved paid leave or board approved paid sick leave on September 8, 2015 as a condition of entitlement to the lump sum. The lump sum shall be paid no later than ninety (90) days following the ratification of the respective local terms.

14. Casual and Term Employees: Casual and term employees in the employ of a District School Board and who are members of ETFO on September 8, 2015 shall be paid a lump sum amount equal to 1% of earned wages as a member of this bargaining unit for the period September 1, 2014 to June 30, 2015. For clarity if a casual or term employee is entitled and would receive a greater amount under paragraph 13 then only that clause shall apply.

is. Subject to the prior approval of Employment and Social Development Canada (ESDC) where allowable, the Statutory Leave/SEB plans as attached in Appendix I shall be established and implemented within sixty (60) days of the approval by ESDC.

16. ETFO agrees to withdraw any existing policy grievance related to the Voluntary Leave of Absence Program (VLAP) and any existing policy grievances related to the introduction of the sick leave plan resulting from the Memorandum of Understanding dated June 12, 2013. Individual grievances are not affected by this clause.

17. In cases where provincial committees raise issues of common interest for education sector affiliates/unions, the parties agree that these provincial committees may be joined conditional upon the agreement of all parties.


Dated at Toronto, this 27th day of November, 2015.

For ETFO: For CTA: For the Crown:

·-·-..... ,

_/# ·;lf/L


Cl.00

C2.00

APPENDIX I TO THE ETFO EDUCATION WORKERS MOS

STRUCTURE AND ORGANIZATION OF COLLECTIVE AGREEMENT

Cl.1 Separate Central and Local terms

a) 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 local terms.

Cl.2 Implementation a) 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 Central Agreement conflict with a provision in the Local Agreement, the provision in the Central Agreement, Central Term will apply.

Cl.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.

Cl.4 Single Collective Agreement a) Central terms and local terms shall together constitute a single collective

agreement.

DEFINITIONS

C2.1 The "Central Parties" shall be defined as the employer bargaining agency, the Council of Trustees' Association (CTA) and the employee bargaining agency, the Elementary Teachers' Federation of Ontario (ETFO). The Elementary Teachers' Federation of Ontario (ETFO) refers to the designated employee bargaining agency pursuant to subsection 20 (1) of the School Boards Collective Bargaining Act for central bargaining with respect to employees in the bargaining units for which ETFO is the designated employee bargaining agency. The Council of Trustees' Associations (CTA) refers to the designated employer bargaining agency pursuant to subsection 21 (6) of the School Boards Collective Bargaining Act for central bargaining with respect to employees in the bargaining units for which ETFO is the designated employee bargaining agency. /( 4 fJ.. () The CTA is composed of: /'-{//1

SUBJECT TO ERRORS AND OMISSIONS . ~

fa fa~ \t-- ' l iJ ,ov- -ii2 ~ J<.

1. OCSTA refers to the Ontario Catholic School Trustees' Association as the designated bargaining agency for every English-language Catholic district school board.

2. OPSBA refers to the Ontario Public School Boards' Association as the designated bargaining agency for every English-language public district school board, including isolate boards.

C2.2 "Term assignment" means, in relation to an employee, i. a term assignment within the meaning of the local collective

agreement, or ii. where no such definition exists, a term assignment will be defined as

twelve (12) days of continuous employment in one assignment.

C2.3 "Casual Employee" means, i. a casual employee within the meaning of the local collective

agreement, ii. if clause (a) does not apply, an employee who is a casual employee as

agreed upon by the board and the bargaining agent, or iii. if clauses (a) and (b) do not apply, an employee who is not regularly

scheduled to work

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

C3.1 Single Collective Agreement

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

C3.2 Term of Agreement a) 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 a) 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 a) All central letters of understanding appended to this agreement, or entered

into after the execution of this agreement shall, unless otherwise stated

TENTATIVE AGREEMENT BETWEEN ETFO, THE CTA AND THE CROWN - NOVEMBER 27, 2015

SUBJECT TO ERRORS AND OMISSIONS 2

(4.00

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 a) 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.

C3.6 Notice to Bargain a) Where central bargaining is required under the Schaal 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, 1995.

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

ii. within such greater period agreed upon by the parties; or

iii. within any greater period set by regulation by the Minister of

Education.

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

d) Where no central table is designated, notice to bargain shall be consistent

with section 59 of the Labour Relations Act, 1995.

CENTRAL GRIEVANCE PROCESS

The following process pertains exclusively to grievances on central matters that have been referred to the central process. In accordance with the SBCBA central matters may

also be grieved locally, in which case local grievance processes will apply.

Definitions

i) 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.

ii) The "Central Parties" shall be defined as the Council of Trustees' Association (CTA)

and the Elementary Teachers' Federation of Ontario (ETFO).



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

iv) For the purpose of the Central Grievance Process only "days" shall mean school days.

Central Dispute Resolution Committee

i) There shall be established a Central Dispute Resolution Committee (Committee), which shall be composed of two (2) representatives from each of the central parties and two (2) representatives from the Crown.

ii) The Committee shall meet within five (5) working days at the request of one of the

central parties.

iii) The central parties shall each have the following rights: a. To file a dispute as a grievance with the Committee. b. To engage in settlement discussions. c. To mutually settle a grievance in accordance with iv) a. below. d. To withdraw a grievance. e. To mutually agree to refer a grievance to the local grievance procedure. f. To mutually agree to voluntary mediation. g. To refer a grievance to final and binding arbitration at any time.

iv) The Crown shall have the following rights:

a. To give or withhold approval to any settlement by CTA. b. To participate in voluntary mediation. c. To intervene in any matter referred to arbitration.

v) 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.

vi) 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.



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

The grievance shall specify:

i) Any central provision of the collective agreement alleged to have been violated. ii) The provision of any statute, regulation, policy, guideline, or directive at issue.

iii) A detailed statement of any relevant facts.

iv) The remedy requested.

v) A grievance under this provision is not invalidated as a result of a technical deficiency under 4.3 i), ii), iii) or iv), above.

Referral to the Committee

i) Prior to referral to the Committee, the matter shall be brought to the attention of the other local party.

ii) A central party shall refer the grievance to the Committee 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.

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

filed.

iv) 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.

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

Mediation

i) The central parties may, on mutual agreement, request the assistance of a

mediator.



ii) 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.

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

Arbitration

CS.00

i) Arbitration shall be by a single arbitrator.

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

iii) 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.

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

v) The remuneration and expenses ofthe arbitrator shall be shared equally between the central parties.

PROVINCIAL BENEFITS PLAN

The parties have agreed to participate in the Provincial Benefit Trust, set out in the appended Letter of Agreement. 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:

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

Letter of Agreement.

CS.2 Cost Sharing a) With respect to the funding in CS.la), should there be an amount of

employee co-pay, the Trust shall advise boards what that amount shall be.

TENTATIVE AGREEMENT BETWEEN ETFO, THE CTA AND THE CROWN -NOVEMBER 27, 2015


C6.00

Unless advised otherwise, there will be no deductions upon the Participation Date.

b) Any other cost sharing or funding arrangements as per previous local

collective agreements in effect as of August 31, 2014 remain status quo.

CS.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.

CS.4 Any other benefits not described above remain in effect in accordance with terms of collective agreements as of August 31, 2014.

CENTRAL LABOUR RELATIONS COMMITTEE

6.1 The Council of Trustees' Association (CTA) 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.

6.2 The parties to the Committee shall meet within sixty days of the completion of

the current round of negotiations to agree on Terms of Reference for the

Committee.

6.3 The Committee shall meet as agreed but a minimum of three times in each

school year.

6.4 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.

6.5 The committee shall include four (4) representatives from ETFO and four (4)

representatives from the CTA. The parties agree that the Crown may attend

meetings.

6.6 ETFO and CTA representatives will each select one co-chair.

6.7 Additional representatives may attend as required by each party.

TENTATIVE AGREEMENT BE1WEEN ETFO, THE CTA AND THE CROWN - NOVEMBER 27, 2015


C7.00 SICK LEAVE

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 employees will be allocated eleven (11) sick days at one hundred percent (100%) salary in each school year. Employees 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 employees will be allocated one hundred and twenty (120) short-term disability days in September of each school year. Employees who are less than full-time shall have their STLDP allocation pro-rated. Employees 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 ind) i-vi

below.

i. An employee 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 i.n an adjustment to allocations.

iii. Where an employee 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 employee will continue to access any unused sick leave days or STLDP days from the previous school year's allocation.

iv. Where an employee 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 employee 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 regular/permanent employee 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 employee recovers from an illness or injury, the employee may use any unused sick/short-term disability allocation remaining, if any, for the employee's FTE.that the employee is unable to work due to illness or injury.

e) Short-Term Leave and Disability Plan Top-up

i. Employees 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 employees 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 Employees in a Term

Assignment

Notwithstanding the parameters outlined above, the following shall apply to

employees in a Term Assignment:



i. Employees in a Term 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. Employees who are less than full-time shall have their STLDP allocation pro-rated. Employees eligible to access STLDP shall receive payment equivalent to ninety percent (90%) of regular salary.

ii. Employees in a Term 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 Term Assignment compared to the full working year of their classification in accordance with the allocation in (i) above.

iii. Where the length of the Term 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 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. An employee on a Term Assignment who works more than one Term Assignment in the same school year may carry forward Sick leave and STLDP from one Term 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 employee 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.

TENTATIVE AGREEMENT BETWEEN ETFO, THE CTA AND THE CRDWN - NOVEMBER 27, 2015


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

C8.00 STATUTORY LEAVES OF ABSENCE/SES

C8.1 Family Medical Leave or Critically Ill Child Care Leave

a. Family Medical Leave or Critically Ill Child Care leaves granted to an employee under this Article shall be in accordance with the provisions of the Employment Standards Act, as amended.

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

c. An employee 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 an employee 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 employee must agree to provide payment for her/his share of the benefit premiums, where applicable.

f. In order to receive pay for such leaves, an employee must access Employment Insurance and the Supplemental Employment Benefit (SEB) in accordance with a) to d) below, 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.

C8.2 Family Medical Leave or Critically Ill Child Care Leave Supplemental Employment Benefits (SEB)

a. The Employer shall provide for a permanent employee who accesses such leaves a SEB plan to top up their E.I. Benefits. The employee 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 employee would normally be paid. The SEB Plan pay will be the difference between the gross amount the employee receives from E.1. and their regular gross pay.



b. Employees in a term assignment shall also be eligible for the SEB plan with the length of the benefit limited by the term of the assignment.

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

d. The employee 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.

C8.3 Maternity Benefits (SEB Plan)

a. The Employer shall provide for permanent and Jong-term occasional employees a

SEB plan to top up their E.I. Benefits. The employee 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. Employees 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. Employees filling a Jong-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. Employees 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 employee 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 employees 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 employee 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 employee in accordance with the Board's payroll procedure.



g. Employees who require a longer than eight (8) week recuperation period shall have

access to sick leave and the STD LP.

C9.00

h. If an employee begins pregnancy leave while on an approved leave from the

employer, the above pregnancy leave benefits provisions apply.

ATTENDANCE AT MANDATORY MEETINGS/SCHOOL EVENTS

Where an employee works outside of regular working hours, all applicable provisions of the

local collective agreement regarding approval processes, hours of work, overtime/lieu time, etc.

shall apply.



APPENDIX A

A. Sick Leave Credit-Based Retirement Gratuities (where applicable)

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

2) If the Employee is eligible to receive a sick leave credit gratuity, upon the Employee'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 Employee on August 31, 2012; and

(b) the Employee's salary as of August 31, 2012.

3} If a sick leave credit gratuity is payable upon the death of an Employee, 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 Employees 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 board, 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 Employee have 10 years of service with the board:

i. Hamilton-Wentworth District School Board

B. Other Retirement Gratuities

An Employee 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.



LETTER OF AGREEMENT #1

BETWEEN

The Council of Trustees' Association

(hereinafter called 'CTA')

AND

The Elementary Teachers' Federation Ontario

(hereinafter called 'ETFO'J

AND

The Crown

Re: Status Quo Central Items

The parties agree that the following central issues have been addressed at the central table and that the language relating to these provisions shall remain status quo. For further clarity, if language exists, the following items are to be retained as written in the 2008-2012 collective agreements, subject to modifications made during local bargaining in 2012-2013, if any. The issues listed below shall not be subject to local bargaining or to amendment by the local parties.

Issues: Vacation pay Statutory Holidays Overtime Premiums Paid Holidays Qualification Based Allowances Work Day Work Week Work Year Staffing Levels Preparation Time (DECE) Paid Lunch

TENTATIVE AGREEMENT BElWEEN ETFO, THE CTA AND THE CROWN -NOVEMBER 27, 2015



BETWEEN



AND


(hereinafter called 'ETFO')

AND

The Crown

Re: Status Quo 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. Local

collective agreements that currently have less than five (5) days shall remain at that

number. 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

Where a class of employees was 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.

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 8.3 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 27, 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.




BETWEEN

The Council of Trustees' Associations (hereinafter called 'CTA')

AND

The Elementary Teachers' Federation Ontario (hereinafter called 'ETFO'}

Re: Scheduled Unpaid Leave Plan

The following Scheduled Unpaid leave Plan (SULP) is available to all permanent employees for the 2015-2016 and 2016-2017 school years. Employees approved for SULP days shall not be replaced.

It is not the intention that SULP days be scheduled on days when role specific training or role specific professional development is scheduled.

For employees who work a 10-month year a school board will identify: 1) up to two (2) Professional Activity days in the 2015-2016 school year; 2) two (2) Professional Activity days in the 2016-2017 school year;

that will be made available for the purpose of the SULP.

For employees whose work year is greater than ten (10) months, a school board will designate days, subject to system and operational requirements, which will be available for the purpose ofthe SULP in each of the 2015-2016 and 2016-2017 school years. These employees will be eligible to apply for up to two (2) days leave in each of these years.

For the 2015-2016 school year, the available day(s) will be designated no later than thirty (30) days after central ratification. All interested employees will be required to apply, in writing, for the leave within ten (10) days of local ratification, or within ten (10) days from the date upon which the days are designated, whichever is later. For the 2016-2017 school year, the days will be designated by June 15, 2016. All interested employees will be required to apply, in writing, for leave forthe 2016-2017 school year by no laterthan September 30, 2016. Approval of the SULP is subject to system and operational needs of the board and school. Approved leave days may not be cancelled or changed by the school board or the employee. Half day leaves may be approved, subject to the system and operational needs of the board and school.



For employees enrolled in the OMERS pension, the employer will deduct the employee and employer portion of pension premiums for the unpaid days and will remit same to OMERS.

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

Within the purview of the Teachers' Pension Act (TPA), the Minister of Education will seek an agreement from the Ontario Teachers' Federation (OTF) to amend the Ontario Teachers' Pension Plan (OTPP) to allow for adjusting pension contributions to reflect the Scheduled Unpaid Leave Plan (SULP) with the following principles: i) Contributions will be made by the employee/plan member on the unpaid portion

of each unpaid day, unless directed otherwise in writing by the employee/plan

member; ii) The government/employer will be obligated to match these contributions; iii) The exact plan amendments required to implement this change will be

developed in collaboration with the OTPP and the co-sponsors of the OTPP (OTF and the Minister of Education); and

iv) The plan amendments will respect any legislation that applies to registered pension plans, such as the Pension Benefits Act and Income Tax Act.

This Letter of Agreement expires on August 30, 2017.




BETWEEN


AND

The Elementary Teachers' Federation Ontario (hereinafter called 'ETFO')

Re: Vested Retirement Gratuity Voluntary Early Payout

a) An Employee 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 employee's normal retirement date.

b) The employee 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 61 less the employee's age as at June 30, 2016.

d) If an Employee is 61 years of age or older as at June 30, 2016, the retirement gratuity payout will be discounted by 2% if they chose the early gratuity payout.

e} Where the employee opts for an early payout of the retirement gratuity, an employee may request the retirement gratuity, or a portion thereof, be transferred to an RRSP or OMERS AVC (Additional Voluntary Contribution} account. The employer will transfer the retirement gratuity, or portion thereof, to an RRSP or OMERS AVC account based on appropriate documentation and forms, completed by the employee, from their financial institution. The payout, whether transferred as described above or paid directly to the employee, is subject to withholdings in accordance with CRA requirements.



LEITER OF AGREEMENT #5

BETWEEN


AND


Re: Job Security: Protected Complement

i. Effective as of the date of central ratification, the Board undertakes to maintain its overall

Protected Complement, except in cases of:

a. a catastrophic or unforeseeable event or circumstance;

b. a declining board/school enrolment;

c. school closure and/or school consolidation; or

d. funding reductions.

2. For the purpose of this Letter of Agreement, at any relevant time, the Board's overall

Protected Complement is equal to:

a. FTE (excluding temporary, casual and/or occasional positions) as of date of central

ratification. (Memorandum note: the FTE number is to be agreed to by the parties

through consultation at the bargaining unit level)

b. minus any FTE attrition of bargaining unit members which occurs after the date of

central ratification (Note: since FTE in (a) already excludes temporary, casual, and/or

occasional positions, the reduction would be in permanent staff).

Reductions as may be required above shall only be achieved through lay-off after consultation

with the union. Alternative measures may be considered by a board, which may include:

c. priority for available temporary, casual and/or occasional assignments;



d. the establishment of a permanent supply pool where feasible; or

e. the development of a voluntary workforce reduction program (contingent on full

provincial government funding).

3. Where complement reductions are required pursuant to declining enrolment, such complement reductions shall occur at a rate not greater than the rate of student loss.

4. In the case of school closure and/or school consolidation, complement reductions shall not

exceed the number of staff prior to school closure/consolidation at the affected location(s).

5. Every effort should be made to minimize necessary layoffs through attrition. Notwithstanding the above, a board may reduce their complement through attrition.

6. Staffing provisions contained in the 2008-12 collective agreements or the last collective agreement completed between the parties with regard to surplus, bumping and recall will continue.

7. The above language does not allow trade-offs between the classifications outlined below: a. Assistants/Technicians b. DECEs c. Custodians/Cleaners/Maintenance/Trades d. Instructors e. Counsellors

8. The parties agree that where local collective agreement language currently exists that

provides a superior benefit specifically with regard to protected complement FTE number,

that language will prevail.

9. This Letter of Agreement expires on August 30, 2017.




BETWEEN


AND


Re: Ability to Lock the Classroom Door

Public School boards will achieve the compliance level regarding the 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.

Catholic School boards will achieve the compliance level regarding the ability to lock and unlock the classroom door as set out in the Provincial Model for a Local Police/School Board Protocol

(2015) by August 31, 2016.

ETFO may raise the failure to comply with the Central Labour Relations Committee.


SUBJECT TO.ERRORS AND OMISSIONS 23


BETWEEN


AND


Re: Long Term Disability (LTD) Plan Working Group

A joint central committee of CTA representatives and ETFO representatives shall be established to study options related to sustainability and affordability of existing LTD plans. Options may include, but are not limited to:

i) Exploring a common plan through a competitive tendering process. ii) Reviewing joint proposals from local boards and units to effect changes to plan

design to reduce costs. iii) Exploring other delivery options through a competitive tendering process. iv) Exploring the feasibility of extending any solution to groups who do not currently

have access to LTD coverage.

The committee shall report to the parties no later than May 31st, 2016.




BETWEEN


AND


Re: Professional Activity Days

The parties confirm that should there be an additional PA Day beyond the current 6 PA days in the 2015-16 and/or the 2016-17 school years, there will be no loss of pay for ETFO members (excluding casual employees) as a result of the implementation of these additional PA days. Notwithstanding these days may be designated as SULP days.

As a result of this additional PA Day and to meet the parties shared commitment to professional learning and training, the parties agree that one-half of one PA Day in each of 2015-16 and 2016-17 school years will be designated for role specific training or role specific professional

development for permanent employees.




BETWEEN


AND


Re: Violence Prevention Training

ETFO will be consulted, through the Central Labour Relations Committee, regarding the development/purchase of a training module on the prevention of violence to employees whose core duties require them to have continuous contact with students who may pose a safety risk. The Crown agrees to fund the development/purchase.

The Central Labour Relations Committee will consider the following points in developing the training module including:

• Causes of violence; • Factors that precipitate violence;

• Recognition of warning signs;

• Prevention of escalation; • Controlling and defusing aggressive situations; and

• Reporting obligations.

The training program will be made available to boards and ETFO no later than November 30,

2016.

Local boards will consult with local unions regarding the implementation of the training module.




BETWEEN

The Council of Trustees' Associations


AND


(hereinafter called 'ETFO'}

AND

The Crown

RE: Hiatus on Ministry/School Board Initiatives

Due to the development of the Ministry of Education PPM regarding Ministry/School Board

initiatives and collaborative professionalism, any proposed new provincial initiatives, which

would impact on workload, classroom quality or testing/data collection will not be introduced

prior to August 31, 2016.

This would exclude:

o All existing initiatives;

Q Initiatives previously announced but not yet implemented in school boards; and

e New initiatives required to respond to concerns about student safety.

TENTATIVE AGREEMENT BElWEEN ETFO, THE CTA AND THE CROWN - NOVEMBER 27, 2015



BETWEEN



AND

. The Elementary Teachers' Federation Ontario


AND

The Crown

Re: Provincial Committees

The parties recognize that three of the committees agreed to at the ETFO Teacher and

Occasional Teacher Central table significantly connect with the work undertaken by the

members of the ETFO Education Support Worker Central Table.

The parties agree that specific issues related to the work of the members of the ETFO Education

Support Worker Central Table may be raised by ETFO on the following Central Committees, in

accordance with the terms of reference of each committee:

• Special Education Committee

• Ministry Initiatives

• Provincial Health and Safety Task Force




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.




BETWEEN



AND



AND

The Crown

Re: Designated Early Childhood Educators Work Group (FDK)

The parties and the Crown agree that within sixty (60) days following central ratification, a work

group consisting of equal numbers of CT A/Crown and ETFO representatives shall convene to

consider and make recommendations concerning Designated Early Childhood Educators

including, but not limited to the following:

• Hours of work

• Preparation time, including joint preparation time

<> FDK class size

<> Students with special needs

• Staffing levels

• Professional collaboration and development

The work group shall make joint recommendations to the parties no later than June 30, 2016.




BETWEEN



AND



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.



LEITER OF AGREEMENT#15

BETWEEN

The Ontario Public School Boards' Association (hereinafter called 'OPSBA')

AND

The Ontario Catholic School Trustees' Association (hereinafter called 'OCSTA')

AND

The Elementary Teachers' Federation of Ontario - Education Workers (hereinafter called the 'ETFO - EW')

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 (LOA), all references to life, health and dental benefits in the applicable local collective agreement shall be removed from that local agreement.

The ETFO-EW intend to join the ETFO Employee Life and Health Trust (ELHT), (hereinafter, the "Trust"). Should ETFO-EW fail to reach agreement, consistent with the parameters contained herein, by January 15, 2016, the parties to this LOA will meet to consider other options.

The parties to this LOA agree to comply with the Trust's requirements. The provisions of the agreement between ETFO-EW and ETFO shall be reflected in the ETFO trust participation agreement. The provisions contained herein shall be applicable to ETFO-EW within the Trust.

The Participation Date for ETFO-EW shall be no earlier than September 1, 2016 and no later than August 31, 2017 and may vary by Board.

ETFO-EW shall be offered the same benefit plan as ETFO teachers but shall be a separate division within the Trust and accounted for separately.



1.0.0 GOVERNANCE 1.1.0 The parties confirm their intention to take necessary actions in accordance with

the Trust agreement for any period in which the claims fluctuation reserve is less than 8.3% of annual expenses over a projected three year period.

2.0.0 ELIGIBILITY and COVERAGE 2.1.0 The following ETFO-EW represented employees are eligible to receive benefits

through this Trust: 2.1.1 Employees who are covered by the Local Collective Agreement and

currently eligible for benefits in collective agreements. 2.1.2 Retirees who were, and still are, members of a District School Board, the

Provindal Schools Authority, school authorities, and Hospital Boards hereinafter referred to as the "Board(s)" benefit plan at August 31, 2013 based on the prior arrangements with the Board.

2.1.3 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.

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

2.2.0 The benefit plan may provide coverage for health (including but not limited to vision and travel), 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. Other employee benefit programs may be considered for inclusion, only if negotiated in future central

collective agreements.

2.3.0 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.

3.0.0 FUNDING

3.1.0 NEGOTIATED FUNDING AMOUNT, BOARD CONTRIBUTIONS 3.1.1 Each Board shall pay an amount equal to 1/12th ofthe annual negotiated

funding amount as described in 3.1.2 and 3.1.3 to the Trust Plan Administrator of the ELHT by the last day of each month from and after the Board's Participation

Date.

3.1.2 Upon the Board's Participation Date:

i) For defined benefit plans, the Board shall provide to the Trust an

amount of $5,100 per FTE.



This funding excludes casual and term employee and retiree costs associated with 2.1.2 and 2.1.3.

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) for job classifications that are eligible for benefits.

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 ETFO-EW benefit plan in the 2019-20 school year up to a maximum of $5,100 per FTE, subject to collective bargaining starting in 2020.

3.1.3 On the Participation Date, for defined contributions plans, the Board will contribute to the Trust an amount of $5,100 per FTE. In 2015-16, for Federation owned plans, if in aggregate, the following three conditions 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, and

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.

If in 2014-15 i) and ii) above apply, and the deficit reduces the reserves and surpluses to zero, then the deficit in 2014-15 will be paid by the Boards.

3.1.4 Funding previously paid under 3.1.2 and 2.1.3 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.



3.1.5 In the case of a dispute regarding the FTE number of members for whom the provincial benefits package is being provided, the dispute will be resolved between the Board and the ETFO Provincial Office.

3.1.6 With respect to casual employees and term assignments, where payment is provided in lieu of benefits coverage, this arrangement will remain the on-going obligation of the boards. Where benefits coverage was previously provided by the Boards for casual employees and term assignments, this arrangement will remain the on-going obligation of the affected Boards. The affected Boards will find a similar plan, for these employees, that is cost neutral to the Boards, recognizing inflationary cost as follows: plus 4% for 2015-16 and 4% for 2016-17.

· 3.1. 7 The Trust shall determine employee co-pay, if any.

3.1.8 The Board shall be responsible for administering any existing Employee Assistance Programs (EAPs)/ Employee Family Assistance Programs and Long Term Disability Plans, 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.).

3.1.9 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.

3.1.10 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.

3.1.11 Funding for retirees shall be provided based on the costs/premiums in 2014-15 associated with those retirees described in 2.1.2 and 2.1.3. The amount in 2014-1.5 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.

3.1.12 All amounts determined in this Article 3 shall be subject to a due diligence review by the ETFO-EW. The school boards shall cooperate fully with the review, and provide, or direct their carriers or other agents to provide, all data requested by the ETFO-EW. If any amount cannot be agreed between the ETFO-EW and a school board, the parties shall make every effort, in good faith, to resolve the issue using the data provided, supporting information that can be obtained and



reasonable inferences on the data and information. If no resolution to the issue can be achieved, it shall be subject to the Central Dispute Resolution process.

3.2.0 START-UP COSTS 3.2.1 The Government of Ontario will provide:

i) A one-time contribution to the Trust equal to 15% of annual benefit costs, as defined in 3.2.2, to establish a Claims Fluctuation Reserve ("CFR"). The amount shall be paid to the Trust on or before September 1, 2016.

ii) A one-time contribution to the Trust of 2.6% of annual benefit costs (estimated to be approximately $181,000), as defined in 3.2.2, to cover start-up costs and/or reserves.

3.2.2 The one-time contributions in 3.2.1 (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.

3.2.3 The Crown shall pay $80,000 of the start-up costs referred to ins. 3.2.1 (ii) on the date of ratification of the central agreement and shall pay to ETFO a further $80,000 subject to the maximum amount referred to ins. 3.2.1 (ii) by June 1, 2016. The balance of the payments, if required under s. 3.2.1 (ii), shall be paid by the Crown on or before September 1, 2016. The funds shall be transferred as instructed by ETFO-EW in accordance with an agreed transfer payment and accountability contract.

3.2.4 On the day the Boards, 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.

3.2.5 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.

3.2.6 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.



3.2.7 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.

3.2.8 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:

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.

3.2.9 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.

3.2.10 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.

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

4.0.0 PAYMENTS 4.1.0 The Crown will make a recommendation to the Lieutenant Governor in Council

to amend the Grants for Student Needs funding regulation indicating that the funding amount provided for benefit of the ETFO-EW members must be provided to the Trust in accordance with the Letter of Agreement.



5.0.0 ENROLMENT 5.1.0 For new hires, each Board shall distribute benefit communication material as

provided by the Union to all new members within fifteen (15) to thirty (30) days from their acceptance of employment.

5.2.0 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.

5.3.0 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 or within the first thirty (30) days of the employment date. The Board shall enter any subsequent demographic or employment changes as specified by the Trust Plan Administrator within one week of the change occurring.

5.4.0 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.

5.5.0 Each Board shall provide updated work status in the HRIS file a minimum of two (2) weeks in advance of the leave or within the first fifteen (15) days following the start of the absence.

6.0.0 ERRORS AND OMISSIONS RELATED TO DATA 6.1.0 Board errors and retroactive adjustments shall be the responsibility of the Board. 6.2.0 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. 6.3.0 Upon request by the Trust Plan Administrator, a Board shall provide all

employment and member related information necessary to administer the provincial benefit plan(s). Such requests shall not be made more frequently than twice in any twelve (12) month period.

6.4.0 The Trust Plan Administrator or designate has the right to have their representatives review employment records related to the administration of the Trust at a Board office during regular business hours upon thirty (30) days written notice.

7.0.0 CLAIMS SUPPORT 7.1.0 The Board shall complete and submit the Trust Plan Administrator's Waiver of

Life Insurance Premium Plan Administrator Statement to the Trust Plan Administrator for life waiver claims when the Trust Plan Administrator does not administer and adjudicate the LTD benefits.

7.2.0 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. Any changes subsequent to the participation date shall be

the responsibility of the Trust.

8.0.0 PRIVACY 8.1.0 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).



Appendix A- HRIS File

Each Board may choose to provide to the Trustees of the ETFO ELHT directly, or provide authorization through its Insurance Carrier of Record to gather, the following information within one (1) month of notification from the Trustees. The following information shall be provided in the formats agreed to by the Trustees of the ETFO ELHT and the employer representatives:

a. complete and accurate enrolment files for all members, member spouses and eligible

dependents, including: i. names; ii. benefit classes; iii. plan or billing division; iv. location; v. identifier; vi. date of hire; vii. date of birth;

viii. gender; ix. default coverage (single/couple/family).

b. estimated return to work dates;

c. benefit claims history as required by the Trustees;

d. list of approved pre-authorizations and pre-determinations;

e. list of approved claim exceptions;

f. list of large amount claims based on the information requirements of the Trustees;

g. list of all individuals currently covered for life benefits under the waiver premium provision; and member life benefit coverage information.



APPENDIX II TO THE ETFO EDUCATION WORKERS MOS

MEMORANDUM OF AGREEMENT

BETWEEN


AND

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

AND

The Crown

Re: Bill 115 Litigation

ETFO, the CTA and the Crown agree that the contents of the Memorandum of Settlement dated November 27, 2015 cannot be relied upon by the Crown in respect of any argument that the Charter challenge to Bill 115 is moot or by any party to this memorandum with respect to any argument of breach of section 2{d) of the Charter in that application. However, the contents of the Memorandum of Settlement dated November 27, 2015 may be referred to with respect to the issue of damages or remedy arising from any finding of a breach of the Charter, without prejudice to any argument on these issues which may be raised by any party. This clause shall be deemed not to be a precedent for any future agreements.



APPENDIX Ill TO ETFO EDUCATION WORKERS MOS

LETTER OF UNDERSTANDING

BETWEEN


AND

The Elementary Teachers' Federation of Ontario (hereinafter called 'ETFO')

AND

The Crown

Re: Arbitration Concerning Contested Sick Leave Terms

On November 27, 2015, the parties agreed to all central terms concerning sick leave except for the following proposals by the CTA and the Crown ("the contested sick leave terms").

The CTA and the Crown propose that the following be added to the agreed central terms in:

C7.00 d) iii. Access to the new allocation provided as per paragraphs b) and c) for a recurrence of the same illness or injury will not be provided to the employee until the employee has completed eleven (11) consecutive working days at his/her full FTE without absence due to illness.

C7.00 d) iv. In the event the employee exhausts their STLDP allotment and continues to work part-time their salary will be reduced accordingly and a new prorated sick leave and STLDP allocation will be provided. Any absences during the working portion of the day will not result in a loss of salary or further reduction in the previous year's sick leave allocation, but will instead be deducted from the new allocation

once provided.

ETFO does not agree to the CTA and the Crown's proposal concerning the contested sick leave terms and instead proposes that the following terms be included in the central terms concerning sick leave:



C.7.0.X Where an employee 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 employee will continue to access any unused sick leave days for STLDP days from the previous school year's allocation. Access to the new allocation provided as per Paragraphs (b) and (c) will be provided to the employee immediately upon return to work for any portion of their FTE.

C.7.0.X.1 Where an employee 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 employee recovers from an illness or injury, the employee, upon return, may use this allocation for any portion of the employee's FTE that the employee is unable to work due to illness or injury.

As a result of this dispute, the parties and the Crown have agreed to resolve the outstanding dispute concerning the contested sick leave terms by way of an arbitration pursuant to section 40 of the Labour Relations Act, 1995. The parties and the Crown agree to the following arbitration procedure for the determination of the contested ETFO education worker sick leave terms:

1. The referral to arbitration will take place immediately following ratification of the central agreement.

2. The parties agree that the same Arbitrator will be appointed to hear the arbitration concerning the contested sick leave terms arising out of the ETFO education worker central agreement as was appointed to resolve the contested sick leave terms arising out of the ETFO teacher central agreement. The ETFO education worker contested sick leave arbitration will be a separate and distinct matter from the ETFO teacher arbitration.

3. The Arbitrator will schedule this dispute to be heard immediately following the conclusion of the arguments on the ETFO teacher contested sick leave terms.

4. The Arbitrator will have exclusive jurisdiction to determine all matters that he or she considers necessary to resolve the dispute concerning the contested ETFO education worker sick leave terms and to make an award concerning these contested sick leave terms.

5. The Arbitrator shall determine the procedure for the arbitration but, in the event of an arbitration hearing, shall permit the parties to present evidence and make submissions.

6. Clauses 48 (12) (a) to (i) of the Labour Relations Act, 1995 apply, with necessary modifications, to proceedings before the Arbitrator in the event of an arbitration

TENTATIVE AGREEMENT BElWEEN ETFO, THE CTA AND THE CROWN - NOVEMBER 27, 2015


hearing and to his decisions. The Arbitration Act, 1991 and the Statutory Powers Procedure Act do not apply to this arbitration.

7. An arbitration award by the Arbitrator shall address only the contested ETFO education worker sick leave terms and is final and binding on the parties.

8. In the interim, and until a final award is issued, status quo will prevail and all existing clauses and practices will remain in place.

9. In making an arbitration award, the Arbitrator shall take into consideration all factors that he considers relevant, including the criteria set out in section 38 of the School Boards Collective Bargaining Act.

10. The Arbitrator will remain seized with respect to any issues from this referral until local agreements are concluded.



''PART B'' Toronto Designated Early Childhood Educators- ETFO

Education Workers- Local Collective Agree1nent

TABLE OF CONTENTS

PAGE NUMBER

ARTICLE 1 PURPOSE

ARTICLE2 RECOGNITION 2

ARTICLE 3 DURATION AND RENEW AL 3

ARTICLE4 DATA FOR NEGOTIATIONS 4

ARTICLE 5 UNION DUES AND ASSESSMENTS 5

ARTICLE 6 STRIKES AND LOCKOUTS 6

ARTICLE 7 UNION RIGHTS 7

ARTICLE 8 NO DISCRIMINATION 8

ARTICLE 9 CRIMINIAL BACKGROUND CHECKS AND OFFENCE DECLARATIONS 9

ARTICLE 10 GRIEVANCE AND ARBITRATION PROCEDURE 10

ARTICLE 11 UNION REPRESENTATION 13

ARTICLE 12 SALARY 15

ARTICLE 13 PROBATIONARY PERIOD 18

ARTICLE 14 PERFORMANCE APPRAISALS 19

ARTICLE 15 JUST CAUSE 20

ARTICLE 16 PREPARATION TIME 21

ARTICLE 17 LUNCH BREAK 22

ARTICLE 18 SUPERVISION DUTY 23

ARTICLE 19 WORIGNG YEAR 24

ARTICLE20 PROFESSIONAL ACTIVITY DAYS 25

PAGE NUMBER

ARTICLE21 SCHEDULED WORKING DAY 26

ARTICLE22 PROFESSIONAL DEVELOPMENT EXPENSES 27

ARTICLE 23 TRAVEL EXPENSES 28

ARTICLE24 NEW POSTINGS AND VACANCIES 29

ARTICLE25 PENSION PLAN 31

ARTICLE 26 STATUTORY HOLIDAYS AND VACATIONS 32

ARTICLE 27 WELFARE BENEFITS 34

ARTICLE 28 SENIORITY, SURPLUS AND LAYOFF 37

ARTICLE 29 SICK LEAVE 41

ARTICLE 30 LEA VE OF ABSENCE(S) WITHOUT DEDUCTIONS 46 FROM SALARY OR SICK LEAVE

ARTICLE 31 WORK.PLACE SAFETY AND INSURANCE BOARD 49

ARTICLE 32 PREGNANCY AND PARENT AL LEA VE 50

ARTICLE33 MEDICAL PROCEDURES 52

ARTICLE 34 OCCUPATIONAL HEALTH AND SAFETY 53

ARTICLE 35 HARASSMENT 54

ARTICLE 36 ACCESSTO(DECE)RECORDS 55

ARTICLE 37 MANAGEMENT RIGHTS 57

ARTICLE 38 DEFERRED SALARY PLAN (DSLP) 58

APPENDICES

APPENDIX A LETTER OF UNDERSTANDING- JUNIOR KINDERGARTEN 61 IN-TAKE INTERVIEWS & WELCOME TO KINDERGARTEN PARENT/STUDENT ORIENTATION SESSION

APPENDIXB SUPPLEMENTAL EMPLOYMENT BENEFITS PLAN (SEB) 62

APPENDIXC LETTER OF UNDERSTANDING- OCCUPATIONAL 64 HEAL TH AND SAFETY

APPENDIXD LETTER OF UNDERSTANDING- JOINT BOARD/UNION 65 COMMITTEE

APPENDIXE DEFINITION OF OMERS CONTRIBUTORY EARNINGS 66

APPENDIXF LETTER OF UNDERSTANDING- PART-TIME (DECEs) 68

APPENDIXG LETTER OF UNDERSTANDING- EXTENDED DAY 69 PROGRAM

APPENDIXH LETTER OF UNDERSTANDING- PERFORMANCE 70 APPRAISAL

APPENDIX! LETTER OF UNDERSTANDING - TRAVEL EXPENSES 71

APPENDIXJ LETTER OF AGREEMENT-ARTICLE 26- VACATIONS 72

APPENDIXK ETFO MEMORANDUM OF UNDERSTANDING- 2013 73

ARTICLE 1

PURPOSE

LO I It is the purpose and intent of the parties to set forth reasonable and fair terms and conditions of employment and other related provisions and to provide for the equitable settlement of all matters in dispute which may arise between the Parties.

2

ARTICLE2

RECOGNITION

2.01 The Toronto Catholic District School Board recognizes the Elementary Teachers' Federation of Ontario (ETFO) as the bargaining agent for all employees employed as Designated Early Childhood Educators (as defined by the Education Act) on a regular basis (not including Occasional designated Early Childhood Educators) in the Early Learning Program at the Toronto Catholic District School Board in the City of Toronto save and except Supervisors and persons above the rank of Supervisor.

2.02 No DECE shall be required or permitted to make a written or verbal agreement with the Board or its representatives which conflicts with this Collective Agreement.

3

ARTICLE 3

DURATION AND RENEW AL

3.01 This Collective Agreement becomes effective on September l, 2014 and shall remain in effect until August 31, 2017.

3.02 Either party may notify the other party at any time, within the period of ninety (90) days prior to the termination date of the collective agreement that it desires to negotiate the renewal, with or without modifications, of this Collective Agreement.

4

ARTICLE4

DATA FOR NEGOTIATIONS

4.01 Upon written request submitted at least five (5) days in advance, the Union shall have access to or be furnished with a copy of the following data:

a) a statement of the current operating budget;

b) a statement of the current operating expenditures;

c) a statement of participation in each benefit plan covered by this collective agreement including a cost analysis thereof on an annual basis;

cl) data respecting salaries, percentage of full-time assignments, allowances, experience and seniority concerning each DECE covered by this collective agreement;

e) data respecting individual status of employment, such as a listing of DECE's on leave or on the recall list;

f) information and data respecting the staff complement, pupil enrolment, class size, and class configuration as shared with the local teachers staffing advisory committee prior to the staffing advisory committee meeting.

5

ARTICLE 5

UNION DUES AND ASSESSMENTS

5.01 The Board shall deduct, for every pay period and for each DECE, union clues and assessments. Dues and assessments shall be deducted in respect of all hours worked by eachDECE

5.02 The Employer shall show the total amount of Union dues and assessment paid during the previous calendar year on the T4 slip of each DECE ·

5.03 The Employer agrees to acquaint new DECEs with the fact that a Union agreement is in effect.

5.04 In addition, the Employer agrees to provide a Union representative an oppo1tunity to attend the orientation meeting of newly hired DECEs scheduled by the Board to acquaint the new DECEs with the duties, responsibilities and rights of Union membership. Twenty minutes shall be provided for such Union presentation.

5.05 All DECEs shall, as a condition of employment, maintain membership in ETFO or join ETFO within thirty (30) calendar days after the signing of this agreement and remain members in good standing. All DECEs shall, as a condition of employment, join ETFO within thirty (30) calendar days and remain in good standing.

5.06 Dues deducted in accordance with Clause 5.0 I shall be forwarded to the General Secretary at 136 Isabella Street, Toronto, Ontario, M4Y OBS within thirty (30) days of the dues and assessments being deducted. The first remittance pursuant to this agreement and the first remittance in September of each year shall be accompanied by a list showing names, addresses, wages earned, dues and assessments deducted. Subsequent remittances will be accompanied by a list showing changes from the previous month. In addition to providing a written copy of this information, the Board shall provide the inforniation in electronic form. A copy of the dues and assessments list shall be forwarded to the Local at the same time.

6

ARTICLE 6

STRIKES AND LOCKOUT

6.01 The Employer agrees that there shall be no lockout of DECEs and the Union agrees that there shall be no strike during the tem1 of this agreement. Lockout and strike shall be as defined in the Labour Relations Act.

6.02 In the event of a strike or lockout involving other employees of the Board, no DECE covered by· this collective agreement shall be requested or required to perform any duties normally and regularly performed by other employees of the Board. No DECEs shall be disciplined or penalized in any way for refosing to perform the duties of any other employee of the Board who is on strike or Jocked out.

7

ARTICLE 7

UNION RIGHTS

7 .0 I The Employer will provide bulletin board space for the posting of Union notices.

7.02 The Board agrees that its rights and responsibilities shall be exercised in a manner that is fair. reasonable, equitable, non-discriminatory and consistent with this collective agreement and the prevailing statutes.

7.03 The Board agrees not to penalize or discriminate against any DECE for participating in the activities of the Union, including exercising any rights under this collective agreement or the applicable statutes of Ontario.

7 .04 A copy of the current collective agreement will be available to all members by way of the Board's website within six (6) weeks of the signing of the collective agreement. Thirty (30) paper copies of the collective agreement will be provided to the Union. A copy of the agreement will be provided to each school.

7 .05 Upon hiring, each new member shall be provided with a hard copy of the collective agreement.

8

ARTICLE 8

NO DISCRIMINATION

8.01 There shall be no discrimination against any DECE based on the grounds prohibited in the Ontario Human Rights Code and the Ontario Labour Relations Act or by membership or activity in the Union.

9

ARTICLE9

CRIMINAL BACKGROUND CHECKS AND OFFENCE DECLARATIONS

9.01 Criminal Backgound Checks and Offence Declarations of employees shall be confidentially maintained by the Superintendent of Education, Human Resources and/or designate.

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ARTICLE 10

GRIEVANCE AND ARBITRATION PROCEDURE

10.01 Any dispute involving the application, administration, interpretation or alleged violation of this collective agreement, including any question as to whether a matter is arbitral, may be the subject of a grievance, and an effort shall be made to settle such a grievance fairly and promptly in the following manner.

Individual Grievance

10.02 Step 1

Grievances shall be submitted in writing to the appropriate Superintendent or designate within twenty (20) schools days of the time the Grievor became aware of the circumstances giving rise to the grievance. Within ten (10) school days of receipt of the grievance a meeting will be held with the Grievor, a Union representative and the Superintendent or designate. The Superintendent or designate shall respond to the grievance in writing within ten (] 0) school days of the meeting.

10.03 Step 2

If no settlement is reached, the Union shall file a grievance on behalf of the member in writing to the Superintendent of Human Resources or designate. Within ten (10) schools days of the Step 1 response. Within five (5) school days of receipt of the grievance a meeting will be held with the Superintendent of Human Resources. A written response will be provided to the Union from the Superintendent of Human Resources or designate within five (5) school days of the meeting.

Arbitration

10.04 In the event that any grievance shall not have been satisfactorily settled pursuant to the foregoing provisions, the matter may then, by notice in writing given to the other party within ten (10) days following the Step 2 response, be referred either by ETFO or the Board to arbitration.

10.05 The notice submitting to arbitration shall propose a single arbitrator or shall contain the name of the nominee to the arbitration board of the party making the submission. The recipient of the notice shall within ten (10) days of receipt of the notice, inform in writing the other party of its agreement to a single arbitrator and include the name of a proposed arbitrator or of the name of its nominee to the arbitration board. The two nominees so selected shall, within ten (] 0) days of the appointment of the second of them, appoint a

11

third person who shall be chairperson. If the recipient of the notice fails to appoint a nominee, or if the two nominees fail to agree upon a chairperson within the time limit, then the request for the appointment of an arbitrator or a nominee may be made to the Minister of Labour as provided by the Ontario Labour Relations Act.

10.06 The arbitrator or the Arbitration Board shall hear and decide the grievance and shall issue its decision in writing and the decision shall be final and binding upon the parties and any member affected by it. The decision of a majority of the arbitration board is the decision of the arbitration board, but if there is no majority, the decision of the chairperson governs. In any grievance, including any arising out of any reprimand, suspension or demotion or the loss of any remuneration or benefits, the Board of Arbitration shall have the power to direct payment of compensation, vary the penalty or reinstate a benefit, including retroactivity thereoC as such Board may detennine to be appropriate.

10.07 Notwithstanding section 10.06, the arbitrator or the arbitration board established as above shall decide the grievance submitted to it and any related questions, including any questions as to whether a matter is arbitrable.

10.08 Each party shall pay the cost of its own nominees to the arbitration board and the parties shall share equally the cost of the chairperson or of the arbitrator.

10.09 Each party may be represented at the arbitration by the representative of its choice.

l 0.10 Unless otherwise specifically provided any notice required to be sent herein may be sent by prepaid registered or certified mail, electronic mail to the parties at their respective mailing addresses.

10.1 l The term "days" when used in this Article shall mean school days.

10.12 Any time limits fixed by this Article for the taking of action by either party or by any DECE may at any time be extended by agreement of the representatives of the parties involved.

Grievance Mediation

10.13 Either party may request in writing the other party to refer the matter for resolution by a mediator/arbitrator appointed by the Minister of Labour. If such other party agrees to such mediation within l O days, then arrangements shall be made promptly by the requesting party with the Minister of Labour for the appointment of a mediator/arbitrator.

Discharge Grievance

10.14 Where a member has received a termination notice, the Union on behalf of a member may file a grievance at Step 2 within ten (I 0) school days of written notice of termination.

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Policy Grievance

10.15 The Union and the Board shall have the right to file a grievance based on a dispute arising out of the application, administration, interpretation or alleged violation of this collective agreement. A policy grievance shall be presented at Step 2 to the Union or the Director of Education.

Group Grievance

I 0. I 6 A group grievance shall mean a grievance lodged on behalf of more than one member and may be filed at Step l.

Attendance at Grievance Meetings

I 0.17 A member's attendance at a meeting at any stage of the grievance procedure including arbitration shall be without loss of pay or any other entitlement. As far as practicable, such meetings shall be held during the school day.

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ARTICLE 11

UNION REPRESENTATION

J 1.0 I The Board agrees that it will deal solely with the duly authorized agents of ETFO in all matters pertaining to the administration and interpretation of the agreement. In order that this may be carried out, ETFO will supply the Board with the names of its officials and committee members. Similarly, the Board will supply ETFO with a list of personnel authorized to deal with ETFO.

· 11.02 All correspondence between the Patties arising out of this agreement shall pass to and from the Director of Education, or designate, and to and from the General Secretary of ETFO, or designate.

11.03 In order to provide an orderly and speedy procedure for the settling of grievances, the Board acknowledges the right of ETFO to appoint or elect representatives whose duties shall be to assist any member of the bargaining unit in preparing and presenting in accordance with the grievance procedure. These representatives shall be entitled to time from their employment with the Board to carry out these duties with prior consent of the Board which shall not be unreasonably withheld.

11.04 The Board recognizes that it may be necessary for executive officers of the Union to be absent from their duties in order to attend union matters. Leave, without loss of salary or deduction of sick leave credits, up to a maximum often (10) clays in any school year shall be granted to each executive officer of the Union following a written request from the Union. The Union shall reimburse the Board for the cost of the occasional DECE replacement.

I 1.05 The Union President, or designate, shall have access to their members at all schools and workplaces, provided that this does not interrupt the instructional program.

11.06 Where the Board establishes a committee requiring Union representation, the Union member shall be appointed by the T.DECE Executive.

Union Officers

11.07 Commencing September l, 2014, the President of the ETFO Toronto DECE Local bargaining unit, or designate, shall be entitled to a full-time Union leave each school year, without pay and benefits for Union duties.

The Union Leave referenced, for the President of ETFO Toronto DECE Local, shall be granted by the Board subject to the following applicable couditions.

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a) The Union leave referenced shall be classified as a one hundred percent (100%) secondment to the ETFO Toronto DECE Local and is suhject to the secondment agreement mutually agreed to by the parties;

b) The time spent on such leave shall be considered for experience and seniority purposes;

c) The ETFO Toronto DECE Local shall reimburse the Board the full cost of al wages and benefits, inclusive of Statutory Holiday costs, vacation accruals, sick leave payments and Short Term Disability Plan payments for the President's Union leave.

d) The President shall be entitled to participate in the Board sick leave plan and Short Term Disability Plan provided that EFTO Toronto DECE Local bargaining unit provide the Board with the full costs of the sick leave plan costs and Short Tenn Disability Plan costs for the 100% secondment.

e) All salary and benefits shall be administered through the Board's regular payroll process, subject to the terms of the secondment agreement.

f) Any injuries sustained by the President while on Union Leave are not eligible for WSIB coverage and shall not be reported under the Board's WSIB Firm Number.

g) The President shall retain the right to return to the same position for a period of two (2) years, from which the leave was granted, or to another position by mutual agreement between the President and the Board. The foregoing shall not prevent the ETFO Toronto DECE President from applying for any permanent vacancy that may exist through the job posting process outlined in Article 24 of this Collective Agreement.

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ARTICLE 12

SALARY

12.01 (a) The Board shall grant an experience credit to four (4) qualified years of experience, in accordance with Article 12.02, to all DECE's who commenced employment with the Board prior to the 2012/2013 school year and shall be paid at this rate for the 201l/2012 school year and forwards.

(b) A DECE who commences employment with the Board on any date specified in Article 19, during the 2012/2013 academic year and on any date fo1ward, shall be paid the hourly rate in accordance with the DECE Wage Grid inserted below in Article 12.02.

12.02 The hourly rates are exclusive of Statutory Holiday and Vacation Pay.

DECE Wage Grid (7 Hours/Day)

September l, 2014:

Qualified Years of Ex12erience

Letter of Pem1ission Qualified O Years Experience Qualified 1 Years Experience Qualified 2 Years Experience Qualified 3 Years Experience Qualified 4 Years Experience

September 1, 2015:

Hourlv Rate {$}

$18.54 $20.09 $21.63 $23.18 $24.72 $26.27

-

One percent (l 0/4,) of earned wages as part of this bargaining unit as a lump sum payment.

September 1, 2016: {l % Increase)

Qualified Years of ExQerience Hourly Rate ($}

Letter of Permission $18.73 Qualified O Years Experience $20.29 Qualified 1 Years Experience $21.85 Qualified 2 Years Experience $23.41

·-Qualified 3 Years Experience $24.97 Qualified 4 Years Experience $26.53

16

Fcbruaiy 1, 2017: (0.5% Increase)

Qualified Years of ExQerience Hourly Rate ($)

Letter of Permission $18.82 -----·

Qualified O Years Experience $20.39 Qualified 1 Years Exnerience $21.96 Qualified 2 Years Experience $23.53 Qualified 3 Years Experience $25.09 Qualified 4 Years Experience $26.67

· "Qualified" means a member 111 good standing with the Ontario College of Early Childhood Educators.

12.03 The Board shall grant grid advancement to a DECE for previous related E.C.E. experience with the Board or another employer to the maximum experience allowed where one (l) year of experience shall be classified in accordance with the definition of the working year in Article 19 (194 days). For the purposes of this clause related work experience shall include:

(a) All experience as a licensed DECE or E.C.E. at a publicly funded Board of Education or a provincially regulated educational institution in the province of Ontario.

(b) All experience as a licensed Early Childhood Educator in a provincially regulated and licensed childcare institution in the province of Ontario.

To be recognized for grid advancement, an official letter from the previous employer must be submitted to the Superintendent of Human Resources, or designate. The DECE seeking an experience credit shall apply for this recognized experience credit within four (4) months of the hire date with the Board, through the Superintendent of Human Resources or designate.

Wage Payment Records

12.04 The DECE shall be paid, through direct deposit, to the employee's designated bank account, on a bi-weekly basis, on the first or second Friday commencing after the first instructional day of school, depending on when the Board's next available regular biweekly pay period falls. Bi-weekly payments shall continue thereafter, with the last pay being the Friday pay cycle following the last school day in June. In the case where the pay date falls on a Statutory Holiday, the pay will be directly deposited into the employee bank account on the day before the Statutory Holiday.

12.05 Effective the September 2012 school year, the DECE wages shall be paid up to date, according to their work schedule.

17

12.06 Each DECE shall receive an online electronic pay statement via the Board's Intranet Portal Employee Self Service.

12.07 A Record of Employment shall be provided when an interruption of earnings occurs, according to Service Canada regulations.

18

ARTICLE 13

PROBATIONARY PERIOD

13.01 All employees shall be subject to a probationary period often (l 0) months excluding the months of July and August.

13.02 Any sick leave taken by a DECE in excess of the sick leave pay granted at 100% of the DECE's regular wage in a working year, as well as any unpaid LOA, Unpaid WSIB Leave, or Statutory Leave taken by a DECE shall extend the probationary period the same number of working days as the leave of absence taken by the DECE.

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ARTICLE 14

PERFORMANCE APPRAISALS

14.01 Only Supervisory Officers and elementary Principals and Vice-Principals shall evaluate a DECE's competence. No member of the Union shall be required or requested to evaluate a DECE's competence.

14.02 The Board and the Union shall consult to develop a DECE performance appraisal program.

14.03 A DECE shall have the right to a Union representative to be present at any post observation meeting at which the Principal anticipates providing the DECE with an appraisal that will result in an unsatisfactory rating.

14. 04 Where a performance appraisal has resulted in an unsatisfactory rating the principal shall:

(a) give the DECE and the Union written notice of the unsatisfactory rating and explain the reason for the unsatisfactory rating;

(b) explain to the DECE what is lacking in the DECE's performance;

(c) explain to the DECE what is expected of the DECE;

(d) seek input from the DECE and the Union as to what steps and actions could help the DECE improve his or her performance

( e) provide all necessary support, resources, and assistance to help the DECE overcome any perceived deficiencies; and

(!) prepare a written improvement plan for the DECE setting out the steps and actions the DECE should take to improve performance, taking into account the DECE's and the Union's input.

14.05 No student test results, other forms of student assessment, or other data relating to student performance gathered at either the school or Board level shall be used or taken into account in any way in the evaluation/appraisal process.

14.06 A DECE shall have the right to attach written comments to any document relating to a performance appraisal, and such comments shall be included whenever such document is disclosed to any third party.

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ARTICLE 15

JUST CAUSE

15.01 (a) No member shall be disciplined or discharged without just and sufficient cause and such cause shall be communicated in writing by registered mail or by hand delivery within seven (7) calendar days with a copy to the Union at the same time.

(b) In the event the Board intends to give a member written reprimand, suspend the member, discipline or discharge the member, the immediate supervisor or designate of the Board shall inform such member prior to the occurrence of such of the reason(s) therefore and that a Union representative may be present

21

ARTICLE 16

PREPARATION TIME

16.0 I Exclusive of morning and afternoon recesses and the unpaid lunch period, each DECE on a full-time assignment shall be assigned to at least thi1iy (30) minutes of preparation time each instructional day or one hundred and fifty (150) minutes of preparation time within each period of five (5) instructional days.

I 6.02 Preparation time shall be used for professional activities, as determined by the DECE and shall be free from other professional duties. Preparation shall occur within the scheduled working day and shall not be scheduled within the students' instructional time. Each DECE's preparation time shall be scheduled in blocks no shorter than fifteen (15) minutes.

16.03 If a DECE is not allocated the full one hundred and fifty (150) minutes of preparation time within a given five (5) instructional days, the missed preparation time shall be rescheduled for no later than five (5) working days after it should have been completed.

16.04 Following the DECE reporting to the Principal lost preparation time and subject to the Principal's authorization, lost preparation time shall be reported via the Time in Lieu form as collaboratively developed by the Board and the Union. The Time in Lieu form shall be posted on the Board's Human Resources intranet site.

16.05 In the event that lost preparation time is not rescheduled in accordance with Article 16.03, any DECE who loses preparation time shall be compensated by matching time in lieu by the end of the school year.

16.06 In the event that a DECE is responsible for the instruction and/or supervision of students when the Full Day Kindergarten teacher is absent for the entire instructional day or a half day and the absence has not been replaced, the Board will provide the DECE with lieu time equivalent to the prep time that the teacher was scheduled for, on the day or half day in which the teacher's absence was not filled. The lieu time shall be approved by the school Principal, as soon as practicable on the Board's DECE Lieu Time Form. The DECE's total lieu time shall be accumulated and scheduled by mutual agreement between the Principal and DECE prior to the end of the school year.

22

ARTICLE 17

LUNCH BREAK

17.01 Each DECE shall be entitled each day to an unpaid, uninterrupted and continuous period of at least thirty (30) minutes for lunch which shall be free from supervisory or professional duties.

23

ARTICLE 18

SUPERVISION DUTY

I 8.01 Supervision time shall be defined as the time a DECE is assigned to supervise students outside the normal daily instructional program. For greater clarity, supervisory duties include, but are not limited to; yard duty, hall duty, bus duty and other duties unde1taken before the begi1ming of opening exercises in the morning and the commencement of classes following lunch interval, during scheduled intervals or after the school day but shall not include new activities which form part of a DECE's duties to lead an extended day before and after school program.

18.02 Each DECE's scheduled supervision duties shall be distributed fairly and equitably within the school.

24

ARTICLE 19

WORKING YEAR

19.01 The working year shall be no less than one hundred and ninety-four (194) school days of which six (6) shall be designated as professional activity days.

25

ARTICLE20

PROFESSIONAL ACTIVITY DAYS

20.01 Any time spent attending workshops, courses or programs that have been pre-approved by the Employer shall be considered as time worked.

20.02 The Board shall consider the DECEs in establishing its in-service programs and their access.

20.03 DECEs shall have the Reporting/Assessment Days for professional activities as · determined by the DECE.

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ARTICLE21

SCHEDULED WORKING DAY

21 .01 The regular working day for DECE's shall consist of seven (7) hours per day, exclusive of a thi11y (30) minute unpaid lunch period, with the regular working week consisting of thirty-five (3 5) hours.

21.02 A DECE's working hours shall be determined at the work-site level by the Principal as each work-site may have different instructional clay start times. There shall be no split shifts. The scheduled working day shall not extend beyond seven (7) working hours from

· the time when the DECE is required to report to the school or work site.

21.03 Each DECE shall receive a fifteen (15) minute break period with pay in each half of the DECE's scheduled hams of work to be scheduled during the morning and afternoon recess.

21.04 Any duties performed outside the scheduled working clay shall be on a voluntary basis.

21.05 A DECE who works at a school-site where the Early Learning Program (ELP) class receives International Language Instruetion shall not be required to remain in the ELP class while the International Language Instruction is being delivered to the students.

21.06 A DECE whose work assignment involved two (2) or more work locations shall not be expected to travel between work locations during the DECE's lunch break.

21.07 In the event a DECE is authorized by the school's Principal to work beyond the normal work clay hours, such a DECE shall be granted compensating time off with pay (lieu time), as may be scheduled by mutual agreement with the DECE's Principal.

21.08 The DECE's timetable start and end times shall be finalized no later than September 30th of each school year, subject to circumstances that require a schedule and/or staffing change at the school.

Assignments within the School:

21.09 The Principal shall notify a DECE by April 15th of the tentative assignment within the school for the upcoming school year.

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ARTICLE 22

PROFESSIONAL DEVELOPMENT EXPENSES

22.01 The Board shall reimburse a DECE for all reasonable expenses connected with any preapproved conferences, conventions, workshops or courses attended by the DECE at the request of the Board.

22.02 DECEs may participate in Early Y cars professional development offered by the Board, subject to funding and sessional participant allocation capacity.

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ARTICLE23

TRAVEL EXPENSES

23.01 A DECE who is required to travel between schools or other places of employment shall be paid kilometrage at the rate $0.45 per kilometre.

29

ARTICLE24

NEW POSTINGS AND VACANCIES

24.01 A "Vacancy" under this Article means a DECE assignment covered by this collective agreement that is unoccupied because:

(a) the incumbent has been transferred, promoted, or has resigned;

(b) the incumbent has died;

( c) a new position has been created.

24.02 The Board shall post all vacancies electronically via the weekly Director's Bulletin for five working days. A DECE who is entitled to recall under this collective agreement shall be notified of any available vacancies.

24.03 All postings shall include the title of the position, location,job duties and responsibilities, qualifications and salary.

24.04 (i) For all permanent DECE vacancies that occur and/or exist between the commencement of the working year and March 1st, the job vacancy will be posted as a permanent position and filled with the successful applicant as soon as practical following the interview and job award process;

(ii) For permanent DECE vacancies that occur aud/or exist after March JS' the job vacancy will be held for the surplus and placement process. Subsequent to the surplus and placement process, all vacancies will be held until September 30th and posted thereafter.

(iii) The Board will make reasonable efforts to fill the permanent DECE vacancies in a timely manner and ensure that the job transfer date is at a time acceptable to the Board's operational needs;

(iv) Until such time that the permanent DECE vacancy is filled by a permanent DECE, the Board will temporarily fill the vacancy with an Occasional DECE;

(v) A DECE who has been selected to fill a vacancy throngh Article 24 may not, for a period of one (l) calendar year, from the date the employee actually fills such a vacancy, apply to fill another vacancy.

24.05 The Board shall give first priority to qualified DECE's covered by this collective agreement for new positions or vacancies.

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24.06 The Board agrees to advise ETFO monthly, in wntmg, of all appointments, hiring, transfers, and changes in hours, lay-offs, recalls and terminations within the Bargaining Unit.

24.07 The Board shall not advertise or fill any vacancies until all qualified DECEs on lay-off have been recalled in accordance with Article 28.

24.08 All applications for any permanent vacancies submitted by DECEs covered under this collective agreement will be considered. The Board shall only consider DECEs not covered under this collective agreement for permanent vacancies when there are no applications from members of the bargaining unit or when all the applicants who are members of the bargaining unit decline an offer to hold the permanent vacancy. Candidate selection will be facilitated through an interview process as determined by the Board.

Mutual Exchange of Work Site:

24.09 Employees seeking a mutual exchange of a work site location may apply to the Superintendent of Human Resources, or designate, by March pt for an exchange between two (2) DECEs for the following school year who have mutually agreed in writing to exchange their worksite locations. The application is subject to the approval of the Principals and the area Superintendents. In the case of one (1) or both of the DECEs being declared surplus under their schools staffing model, the mutual exchange agreement is null and void.

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ARTICLE25

PENSION PLAN

25.01 All permanent DECE's must enrol in the Ontario Municipal Employees Retirement System (OMERS) or the Ontario Teachers' Pension Plan (OTPP) upon employment with the Board.

25.02 Each DECE shall contribute to either OMERS or OTPP based on the formula established by the appropriate pension plan. The Board shall contribute to the associated pension plan where required, based on the employer contribution requirements set out by by-laws of the appropriate pension plan.

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ARTICLE26

STATUTORY HOLIDAYS AND VACATIONS

Statutorv Holidays

26.01 A DECE shall he entitled to the following as paid holidays

• New Year's Day • Family Day • Good Friday • Easter Monday • Victoria Day • CanadaDay • LabourDay • Thanksgiving Day • ½ Day Before Christmas Day • Christmas Day • Boxing Day • ½ Day Before New Yem's Day;

Or such day as may be established as a paid holiday by statute, statutory regulations, proclamation or similar authority or by the Board and any named holiday added to the Education Act of Ontario or its regulations.

26.02 Where any one of the paid holidays falls on a Saturday or Sunday, the Board shall designate some other day as a clay off with pay for eligible DECE's.

26.03 It is understood that since the employees are not required to work during the months of July and August, they are not entitled to receive any holiday pay for Simcoe Day.

Vacations

26.04 An employee shall be entitled to vacation with pay at the employee's regular rate of pay as follows:

Len 0th of Continuous Service as ofJune 30

Less than one year

One (l) year or over

Nine (9) years

Seventeen ( 17) years

Len2:th of Vacation or Pav in Lieu Of

Prorated to a maximum of fifteen (15) days

Fifteen ( 15) Days

Twenty (20) Days

Twenty-Five (25) Days

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Provided that in no case shall any employee receive less than the amount to which an individual is entitled under the Employment Standards Act.

26.05 In the event of any leave of absence without pay, excluding leave because of a Workplace Safety and Insurance claim, or statutory pregnancy, parental or adoption leave, in excess of fifteen (15) consecutive working days in a vacation year, the paid vacation will be prorated to reflect the days paid during the time period on which the earned vacation is based.

26.06 ln the event of a leave of absence because of a Workplace Safety and Insurance claim, the employee will continue to accumulate vacation entitlement during the leave for up to one (l) year from the time such leave began. There shall be no vacation entitlement for an employee for the period of time on leave in excess of one (I) year.

26.07 Employees shall take any vacation with pay to which they are entitled by Article 26.01 above during firstly, the Christmas Break and secondly, the mid-winter break. Employees shall receive the remainder of any vacation pay to which they may be entitled on the Board's scheduled payroll date.

26.08 If an employee's service with the Board is terminated other than on the last school day in June, the vacation for which he/she would otherwise be entitled will be prorated and rounded to the nearest day. The adjustment will be made with the last pay.

26.09 Vacation pay shall be denoted separately on the employee's pay stub.

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ARTICLE27

WELFARE BENEFITS

NOTE: Until such time as an official transition date has been determined by the signatory parties of "Part A" of the TCDSB and TDECE-ETFO Collective Agrccment1 to mij/;rate baffiaining unit members of this Collective Agreement to the Provmcial Benefits nan (known as the ETFO teacher Em~loyec Life and Health Trust or "ELHT"), the \Velfare Benefits outlined in this Coflectivc Agreement shall continue until the official transition date.

27.01 All employees, regardless of age, who have completed three months of employment with the Board, and working at least 14 hours per week, will be eligible to enrol in the benefit plans defined in 27.02 and 27.03.

27.02 Welfare benefits included in Article 27 take effect the first (1'') of the month following the date of ratification. The Board shall pay 100% of the premium in effect on June l, 2009 for participation by an employee enrolled (and any eligible dependents) in the Extended Health Care Plan, in accordance with the group policy in effect:

(i) single coverage $10.00 ,,$20.00 (cannot exceed $20.00 per family) annual deductible

(ii) Pay-Direct drug benefit; the covered expense for the dispensing foe portion of a prescription drug charge is limited to $8.15.

(iii) Vision Care plan allowance of $350 every two calendar years; Eye examination allowance of $85 every two calendar years.

(iv) For services of the following: licensed by a licensing and registration authority in the province where the service is rendered: chiropractor, osteopath, naturopath, podiatrist, chiropodist, physiotherapist, speech therapist, registered massage therapist, psychologist and acupuncturist limited to a combined maximum of $500 a calendar year for each covered person.

(v) For custom built orthopaedic shoes, orthopaedic modifications to shoes, and orthotics provided such shoes and modifications are recommended and approved by a licensed physician, a licensed podiatrist or a licensed chiropodist. Orthotics and orthopaedic shoes shall be covered based on a combined maximum of $900 in each year with shoes limited to $400 per pair and orthotics limited to $450 per pair and with an overall limit ofa total of three (3) pairs per year.

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27.03 The Board shall pay 100% of the premium in effect for participation by an employee (and any eligible dependents) in the Dental Plan, in accordance with the group policy in effect and based on the 2011 Ontario Dental Association (ODA) fee schedule:

(i) 6 month check-up interval

(ii) Basic services payable at 100% with no lifetime maximum Major Restorative payable at 50% with a lifetime maximum of $10,000 Orthodontic services payable at 50% with a lifetime maximum of $3,000

27.04 Benefits coverage outlined in Article 27.02 and 27.03 shall be extended to eligible dependants up to the age of twenty-five (25) who are enrolled full-time in a post secondary school institution.

27.05 The Board's obligation to pay on behalf of any employee and dependants, if any, the percentages of the premiums referred to in sections 27.02, 27.03, 27.07 and 27.08 for each of Extended Health Care plan, Dental plan, Group Life insurance, and Long Term Disability or any benefit plan substituted therefore in accordance with section 27.06, shall not arise until the employee has executed and returned to the Human Resources Office the appropriate application forms that may be required for coverage under such plans.

27.06 The Board shall have the right to determine the carrier for any of the benefit plans covered in sections 27.02, 27.03, 27.07 and 27.08 provided that any new plan is equal or better in every respect to the provisions of the existing plan. The Board shall meet and discuss with the Union any plan changes before they are implemented.

27.07 The Board shall continue the Long Term Disability plan in which all eligible employees (only permanent full-time employees as outlined in Article 21.01 - 100% Basic Time Class) are required to participate, and shall pay 75% of the required premiums.

Group Life

27.08 A death benefit equal to three (3) times annual wages will be provided and all eligible employees are required to participate. The Board shall pay l 00% of the premium in effect on June 15', 2009.

27.09 (a) Any Employment Insurance rebate to which the employees may be entitled shall continue to be applied by the Board toward its costs of the benefits supplied in accordance with sections 2 7 .02 and 27.03 hereof.

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(b) The Board shall provide, upon the Union's written request, the amount of such annual rebate, if any, for the most recent year.

27.10 LTD, Basic life insurance and optional life insurance eligibility terminates at age 65.

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ARTICLE28

SENIORITY, SURPLUS AND LAYOFF

28.01 Seniority shall mean the length of continuous service in the employ of the Board since the date of hire.

28.02 Ties in seniority shall be broken by lot. This will be conducted in a manner agreed upon by the Union and the Board in the presence of the TDECE President or designate.

28.03 (a)

(b)

(c)

A seniotity list shall be maintained by the Board for DECE's who are members of ETFO.

The format of the seniority list shall be in chronological order by date of most recent hire.

(i) The se111onty list shall be updated each year as of November 30 and March 3 I. The list shall be posted, as soon as possible, after November 30 and March 31 on the Board intranet and an electronic, so1iable copy forwarded to the TDECE President.

(ii) Any DECE who believes that their seniority is not correctly listed or the DECE has been omitted from the seniority list may take the matter up with the President of the TDECE who may then discuss the matter with the Superintendent of Human Resources or designate.

(iii) Where discrepancies in the seniority list are brought to the attention of the Board and the discrepancy is verified, a revised seniority list shall be posted on the Board intranet and an electronic sortable copy provided to the TDECE President.

28.04 A DECE on lay-off shall be placed on a recall list for a two (2) year period.

28.05 A DECE shall lose all seniority in the event that the D.E.C.E:

(a) Resigns or is deemed to have resigned;

(b) is discharged for just cause and not reinstated;

( c) fails to retnrn to work within seven (7) working days following a lay-off notice after being notified by registered or certified mail to do so unless through illness or other just cause;

( cl) is laid-off for a period longer than two (2) years;

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(e) fails to return to work after completion of a leave of absence (with or without pay) which was granted by the Board unless a reasonable explanation is submitted.

28.06 The Board agrees that a notice of layoff shall be given to a DECE only to be effective at the end of the academic year or at the end of the calendar year. The Board shall comply with the layoff notice period requirements set out in the Employment Standards Act when issuing layoff notices to a DECE

28.07 (a)

(b)

(c)

A DECE shall be declared surplus by March 31'' by written notice, unless mutually agreed to extend.

The Board shall offer all available vacancies to all DEC.Es who are surplus to their school through a DECE Placement Meeting to be held by June 5th each year. DEC.Es shall be offered, in order of Board wide seniority, all available vacancies throughout the Board.

In the event that there is a declaration of a surplus DECE position at the school site, a DECE shall have the right to volunteer themselves to be surplus from the school. Where there are a greater number of DECEs who volunteer themselves to be surplus, then the number of surplus positions that exist on the school's projected staffing model, the most senior DECE shall maintain their voluntary surplus status and be declared surplus.

(i) Where there arc equal seniority dates amongst the DEC.E's who have voluntarily declared themselves to be surplus at the school site, the language of Article 28.02 shall prevail and be utilized to determine which DECE will be voluntarily surplus from the school.

( d) DECEs who exercise their right to volunteer themselves surplus, in acconlance with the language in Article 28.07, and are placed into a DECE assignment at an elementary school through the placement procedure shall be classified as a DECE who has accepted a vacant position and may not be eligible for application to a vacancy for a period of one (1) year, in accordance with Article 24, from the date of the effective transfer date resulting from the voluntary surplus status.

(e) A DECE declared surplus, other than those who volunteered, are entitled to choose to return to their original school to a vacancy if there is a rescind of surplus on or before September 30th , If there is more than one (1) rescind of surplus at a school, the rescinding shall be based on seniority. A DECE who was declared surplus may apply at any time following the effective placement transfer date for a vacancy within the school year.

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28.08 A DECE who is provided with a notice of lay-off may choose to displace (bump) another DECE with lesser seniority or choose to fill an available vacancy under Article 24 of this collective agreement.

(a) A D.E.C.E in a full-time position who has his or her number of hours reduced may exercise his or her rights in accordance with the guidelines outlined below:

(i) A full-time DECE may displace (bump) another foll-time D.E.C.E in accordance with Article 28.07.

(b) A DECE who has acquired seniority in the bargaining unit who is displaced (bumped) has a right to utilize the process of Article 28.07 and 28.08.

(c) A laid-off D.E.C.E shall have the right to retuse work that is offered by the Board which is expected to be often (10) days duration or less without loss of seniority or recall rights, provided the DECE informs the Board in writing within twenty-four (24) hours.

(d) DECEs shall be recalled in order of seniority.

(e) A DECEs name will remain on the recall list until either the DECE loses all seniority in accordance with 28.0S(d), is recalled, the D.E.C.E requests in writing to the Superintendent of Human Resources or designate removal from the recall list or the D.E.C.E informs the Board of their resignation in writing.

(t) The Board shall notify a D.E.C.E on a recall list of any vacancy to which the DECE has a recall right. A copy of the job vacancy shall be sent to the DECE by registered or certified mail and by electronic mail to the last address ofrecord.

(g) The DECE shall keep the Board informed of any change in their address and contact infonnation.

(h) Subject to qualifications required for the position, a DECE with a recall right shall have priority over all other applicants. When more than one (1) DECE has a right of recall, DECEs shall be recalled in order of seniority.

(i) The TDECE President shall be provided with a copy of any layoff notices when they arc given to the DECE and a copy of the recall list.

(j) The Board shall notify the DECEs on the recall list of their ranking on the recall list.

(k) A DECE who is laid off may continue to participate in extended health and dental benefit plans at his or her own cost, for a period of eight (8) weeks from the date of lay-off.

(I) A UECE who is provided a notice of layoff shall be required to accept any permanent vacancy which exists/occurs in accordance with the terms of Article 24.

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In the event that the vacancy, which is available and offered to the DECE, is refnsed, the DECE is deemed to have resigned from their employment with the Board.

Severance Pay

28.08 Any DECE covered by this collective agreement, who has their employment terminated because of redundancy may choose to receive severance pay in accordance with the Employment StandardY Act.

Personal Illness

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ARTICLE29

SICK LEAVE

29.01 (a) Each DECE shall be entitled to the payment of their regular wage through the use of siek leave credits in accordance with the te1ms of this Article.

(b) An absence of a DECE for reasons of personal illness, for a period of five (5) consecutive working days or less, may be requested by the Principal and the medical or dental practitioner's note shall be submitted to the Board's Human Resources and/or Benefits Department. Absences over five (5) consecutive working days must be certified by a qualified medical or dental practitioner for the individual who is ill. The DECE shall provide such certification to the Board's Human Resources and/or Benefits Department within five (5) days following the request.

29.02 (a) Subject to other clauses in this Article, at the beginning of each school year each DECE's sick leave account shall be credited with the total current school year's sick leave allowance at the rate of two (2) days per calendar month worked.

(b) For any DECE commencing employment or returning from a leave of absence without pay after the first day of the school year, the sick leave credit shall be prorated at the stated rate per month from the date of commencing employment until the end of the school year.

( c) All unused sick leave credits shall be accumulated.

( d) The initial twelve (12) days of sick leave credits accumulated each year shall be used exclusively for an employee's personal illnesses. Any additional accumulation beyond twelve (12) days may be used either for personal illness or for other leaves of absence as defined in Articles 29.04, 29.05, 29.06 and 29.07.

( e) A newly-employed DECE is expected to promptly, upon hired by the Board, and in any event prior to two (2) years after commencing employment with the Board, transfer to the Board any sick leave credits accumulated with any other school board in Ontario or accumulated at an Ontario municipality in accordance with the Education Act.

29.03 (a) In the event of the re-employment by the Board of a DECE, the Board shall reinstate the accumulated sick leave credits held by the DECE at the time of resignation, provided that:

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(i) The DECE bas not had intervening employment which interrupted the continuity under which the sick leave credits accumulated; and

(ii) The period when the DECE was not employee! by the Board does not exceed two (2) years from the elate of resignation.

(b) In the event of the employment transfer to a DECE classification who was previously employee! by the Board in a capacity other than a DECE, the Board shall reinstate the accumulated sick leave credit held by the individual at the time of resignation, provided that:

(i) The DECE has not had other intervening employment which inte1rnptecl the continuity under which the sick leave credits are accumulated; and

(ii) The period when the DECE was not employed by the Board does not exceed two (2) years from the date of resignation.

Deduction from Sick Leave Credits for Illness:

29.04(a)

(b)

(i) Deduction shall be made from a DECE's sick leave credits for the number of days of absence because of personal illness or immediate family member's illness.

(ii) No payment of regular daily wages shall be made to the DECE for absence beyond the DECE's sick leave credits.

(iii) Absence due to immediate family member's illness shall be deducted from the DECE's accumulated sick leave credits only.

(i) Absence of a DECE for reasons of personal illness or immediate family member's illness for a period of five (5) consecutive working clays or less may be certified by the school Principal or designated official of the Board. Absences over five (5) consecutive working days mnst be certified by a qualified medical or dental practitioner for the individual who is ill. The DECE shall provide such certification to the Board within five (5) days after returning to work.

(ii) If the Board requests a medical cc1iificatc for an absence of less than five (5) clays, the request shall be authorized by the area Supervisory Officer or Superintendent of Human Resources, or designate.

( c) The Board may require the DECE to be examined by a medical or dental practitioner of the Board's own choice at any time before any allowance for sick leave is given or while benefits from the sick leave plan are being received. The Board shall be responsible for the cost of any such request.

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Return from Sick Leave

( d) A DECE returning from a sick leave will be subject to the following provisions:

(i) If the period of the sick leave begins and ends in the same school year, the DECE shall return to his/her assignment subject to a revision of the staffing model;

(ii) If the period of the sick leave is for one (1) school year the DECE shall return to his/her school or workplace subject to the surplus and layoff language set out in Article 28 of this Collective Agreement.

(iii) If the period of the sick leave begins in one school year and ends in the next school year, but does not exceed two (2) years, the DECE shall return to his/her school or workplace subject to the surplus and layoff language set out in A1iicle 28 of this Collective Agreement.

(iv) If the period is for two full years or spans parts of three (3) consecutive school years or greater, upon notification to the Board that the DECE has been medically certified to return to work, the DECE will be placed onto the surplus list and offered any existing vacancies at the DECE's previous school or workplace, then within the Board, subject to the surplus and layoff language set ont in Article 28 of this Collective Agreement.

Resignation & Leave of Absence Without Pay

(e) If a DECE submits a resignation, or takes a leave of absence without pay, effective earlier than the last day of the school year, a deduction shall be made from the sick leave credits for the remaining months of the school year at the stated rate of allowance per month, or fraction thereof.

Non Personal Illness Days

29.05 (a)

(h)

DECE's shall be entitled to an annual allocation of a cumulative maximum total of five (5) non personal illness days that may be used for Family Illness, Compassionate Leave, Urgent Personal Business <ff a Leave for a Court Appearance in which two (2) days may be used for Urgent Personal Business, as outlined below, out of the total maximum of five (5) non personal illness days.

Family illness is defined as an absence resulting from an immediate family member's illness or to accompany an immediate family member to a medical

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appointment. No salary payment shall be made to the employee for an absence beyond the number of non-personal illness days.

Compassionate Leave

29.06 If a DECE is obligated to attend to a dead or dying relative beyond any leave granted under A1ticle 30.01- Bereavement Leave, the DECE may apply tlu·ough the appropriate area Superintendent or Superintendent of Human Resources, or designate, for an extension of such leave by email or telephone within two (2) working days of the expiration of such leave. If such extension is granted, the additional time may, at the discretion of the Board, be deducted from any. non-personal illness days. In the event that there are not sufficient non personal illness days remaining in. the DECE's annual allocation, the portion of leave not covered by non-personal illness days shall be without pay. The DECE who is granted such extension will be entitled to up to five (5) days leave without pay. Such leave without pay may be extended at the discretion of the Board.

Urgent Personal Business

29.07 (a) Urgent personal business is business affecting one's personal affairs which should be restricted to occurrences which cannot be scheduled outside of school hours.

(b) A DECE may take up to a maximum of two (2) working days off for urgent personal business, subject to consultation with the DECE's superordinate, or designate, who may certify the reason for absence, on the following basis:

(i) The moving of a DECE's residence (one day maximum);

(ii) Attendance at the graduation from a post secondary education institution of the DECE, the DECE's spouse, child or parent;

(iii) Attendance at a relevant convention if the DECE 1s a member of a municipal council or local board thereof;

(iv) Attendance as a pa1ticipant or coach at a tournament or meet related to the Olympics or spo1is finals (provincial, national or international);

(v) Attendance as a President or Executive Officer of a riding association at a Federal or Provincial convention;

(vi) Attendance at the funeral of a close friend;

(vii) The birth of a DECE's child or the adoption of a child by the DECE; and

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(viii) Attendance at one's own wedding or to attend a wedding of a close friend or family member.

(c) If urgent personal business arises out of a catastrophe in a DECE's immediate family, and/or the sudden illness or accident to a member of a DECE's immediate family or regular care giver to a child in the circumstances that the DECE is unable to arrange for anyone else to cover, the DECE may take the time off without seeking approval but shall make every attempt to inform the DECE's superordinate.

(d) If urgent personal business is for any reason not outlined in 29.07 (b) or (c), the DECE shall first obtain the approval of the area Superintendent, Superintendent of Human Resources, or designate, unless because the urgency of the matter, the DECE is unable to seek such approval in which event the DECE may presume such approval without any penalty other than loss of pay if the approval is not subsequently given.

( e) With respect to urgent personal business, the total time which may be taken off in any school year shall not exceed two (2) days; however, the area Superintendent, Superintendent of Human Resources, or designate, may extend the total time by up to an additional two (2) days which will be deducted from the DECE's nonpersonal illness days.

(f) Any time off for urgent personal business under this clause shall be deducted from the DECE' s allocated non-personal illness days. However, if there are not sufficient non-personal illness days remaining in the DECE's annual allocation, the po1iion of the leave not covered by such non-personal illness days shall be without pay.

Leave for Court Appearance

29.08 If a DECE is charged with a criminal or quasi-criminal offence and the DECE is not found guilty of that offence or any other offence, or if the charges are withdrawn, such DECE shall be entitled to draw on that DECE's available non-personal illness days for the number of days that the DECE was absent from work because the DECE was in attendance at court in connection with such charge.

29.09 The records of sick leave usage and deductions from the DECE's non-personal illness days shall be maintained by the Board. The DECE's sick leave and nonpersonal illness days used for the school year shall be displayed on the DECE's biweekly pay stub.

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ARTICLE 30

LEAVE OF ABSENCE(S) WITHOUT DEDUCTIONS FROM SALARY OR SICK LEAVE

Bereavement Leave

30.0l(a)

(b)

Jury Duty

30.02 (a)

(b)

A DECE shall be granted a leave of absence up to a maximum of five (5) days by reason of a death in the DECE's immediate family. Immediate family is defined as a spouse, parent, parent-in-law, child, grandchild, grandparent, brother or sister, son-in-law, daughter-in-law, and, in special circumstances recognized by the Director or designate.

A D.E.C.E shall be granted leave of absence up to a maximum of two (2) days by reason of a death in the DECE's family to attend the funeral. This will be in the case of the death of uncle, aunt, grandparent-in-law, brother-in-law, sister-in-law, niece or nephew.

A DECE who is quarantined, called for jury duty or is subpoenaed as a witness in a matter in which the employee is not party or not the accused and who as a result thereof loses time from work shall receive the employee's salary for each day so lost. For the case of jury duty or subpoena the Board will require the employee to furnish a certificate of service signed by the Clerk of the Court before making such a payment.

For other circumstances not listed in A1iicle 30.01 (a) and (b), pc1mission may be granted at the Director's discretion.

Parental and Adoption Leave Without Pay

30.03 A DECE, upon request, shall be granted a leave of absence of up to three (3) consecutive days, without pay, for attendance at the birth of a DECE's child (nonbirthing parent) or in the case of an adoption of a child by the DECE, when the child becomes available.

Personal Leave of Absence Without Pay

30.04(a) A DECE may be granted a one (1) year Personal Leave of Absence without pay provided he/she makes a written request prior to J unc 1st for a personal leave of absence commencing at the beginning of the following school year. Intentions to return from a one (l) year Personal Leave of Absence must be made prior to May l'' for the return from the Personal Leave of Absence effective at the commencement of the following school year. All requests for leave of

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absence notification of return from leave are to be submitted to the Superintendent of Human Resources, or designate. The DECE, upon return, shall be returned to a position in the same school from which the leave was granted provided the leave has not exceeded the one (1) year.

(i) A DECE may be granted a Personal Leave of Absence without pay for a period of thirty (30) working days or more but less than one (l) year. The request for the leave of absence is required to be submitted to the Superintendent of Human Resources, or designate. The request must be submitted at least one (l) month prior to the planned commencement date of the Personal Leave of Absence without pay. The DECE is required to provide the Superintendent of Human Resources, or designate, at least one (l) month notice regarding the DECE's intention to return from their Personal Leave of Absence, prior to the return to work date. The DECE, upon return, shall he returned to a position in the same school.

(b) DECEs on a Personal Leave of Absence without pay may elect to pay full benefit premiums to keep their coverage in effect while on leave.

(c) A DECE on a Personal Leave of Absence without pay must notify the Board at least one (I) month prior to the termination of the leave if the DECE is resigning from their employment with the Board.

( d) A DECE can request an extension to a Personal Leave of Absence to the Superintendent of Human Resources or designate and may be granted an extension beyond the one (1) year. Upon return from the extended personal leave the DECE's fonner position will not be held and the DECE shall be placed on the DECE surplus list and offered any existing vacancy Board wide upon the employee's notification of return.

(e) A DECE on an extended personal leave of absence who does not notify the Board prior to May 1st for a return to work at any time during the following school year shall be offered any available job vacancies, in accordance with the Placement Meeting procedures, as per Article 28 of this Collective Agreement.

(f) A DECE may be granted a Personal Leave of Absence without pay for one (l) full year or two (2) full years for the purpose of attending a PostSecondary Faculty Program, provided the DECE submits a written request three (3) months prior to the scheduled commencement date of the program and provides the program acceptance letter to the Superintendent of Human Resources or designate. Intentions to return from the Personal Leave of Absence to attend a Post-Secondary Faculty Program must be made four (4)

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months prior to the retnrn from the leave granted. All requests for leave of absence or notification of return from leave of absence arc to be submitted to the Superintendent of Human Resources, or designate. The DECE, upon return, shall be returned to a position in the same school from which the leave was granted provided the leave has not exceeded one (1) year.

Short Term Unpaid Leave Days:

30.05 (a) Each school year DECEs may apply for up to fifteen (15) unpaid days. The request is to be made in writing and received by the Superintendent of Human Resources or designate at least ten (10) working days in advance of the unpaid leave. Only full days will be taken.

(b) DECEs may buy back their pension service credit for Short Term Leave of Absence days directly from Ontario iVlunicipal Retirement System Plan.

31.01

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ARTICLE 31

WORKPLACE SAFETY AND INSURANCE BOARD

While an employee is entitled to payment from the Workplace Safety and Insurance Board, the following shall apply:

(i) any employee cnti11ed to Workplace Safety and Insurance benefits shall be regarded as being on a leave of absence beginning on the first day for which such benefits are received.

(ii) during such leave, the payment will be 90% of the employee's regular salary;

(iii) the employee will direct all \Vorkplace Safety and Insurance payments to the Board; and

(iv) the Board may use sick leave credits to which such employee is entitled, pending the decision of the Workplace Safety and Insurance Board to provide the 90% salary. Following the decision of the Workplace Safety and Insurance Board to grant payment of benefits, the Board shall reinstate the sick leave credits which have been utilized.

32.01 (a)

(b)

(c)

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ARTICLE 32

PREGNANCY AND PARENTAL LEAVE

The Board shall grant a pregnancy leave of at least seventeen (17) weeks or such shorter leave as the DECE requests, without pay, in accordance with the Employment Stardards Act. The pregnancy leave shall be granted irrespective of the DECE's length of employment with the Board.

The Board shall grant a parental leave of thirty-five weeks, or such shorter time as the DECE requests, without pay, to a parent of a child or a DECE who comes into custody of a child for the first time (adoption), following a pregnancy leave, the bi1ih of a child or the legal adoption of a child, in accordance with the Employment Standards Act. The parental leave shall be granted iffespective of the DECE's length of employment with the Board.

DECE's who take pregnancy and/or parental leaves, in accordance with the Employment Standards Act, shall be returned to their duties at the same school and/or assignment. The DECE's return shall be subject to the seniority and surplus provisions under Article 28 of this Collective Agreement.

Adoptions & Parental Leaves

32.02 (a) An employee taking an adoption or parental leave who is subject to a waiting period of at least two weeks before receiving Employment Insurance ("E.I. ") benefits, shall receive a Supplemental Employment Benefits (SEB) payment as described in Appendix "B", upon appropriate verification to the Board.

(b) DECE' s earning in excess of the Maximum Yearly Insurable Earnings as determined by the Employment Insurance Commission shall be paid $450 per week for each week of the two week waiting period.

Pregnancy Leaves

(c) All l)ECEs eligible for pregnancy leave (birthing mother) shall receive 100% of their salary for not less than the eight (8) weeks of pregnancy leave less any amounts received under the Employment Insurance Act during such period. Such payments shall be made without deduction from the sick leave or the Short Term Leave l)isability Plan under the Collective Agreement.

( d) Eligible employees slrnll receive the pregnancy leave benefit payments outlined above for the entire eight (8) week period throughout the course of the entire calendar year regardless of whether the employee would otherwise be required to work during the eight (8) week period (i.e. summer, March and Christmas Breaks etc.).

Benefits

32.03

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(e) Payments shall be made to the employee in accordance with the Board's payroll procedures.

The Board shall continue to pay its share of the benefits premiums for the insured benefit plans under Article 27 for a DECE during pregnancy and parental leaves. Seniority, foll-time DECE experience, sick leave credits and any other relevant collective agreement entitlements shall continue to accumulate during such leave.

Pregnancv Related Illness

32.04

32.05

A DECE who is unable to attend work due to physical effects of pregnancy shall be entitled to use sick leave, in accordance with "Part A" of this Collective Agreement, during the period of absence.

A DECE may ten11inate a pregnancy or parental leave and return to work upon providing the Board with two (2) week's written notice to the Superintendent of Human Resources or designate.

Adoption Leave

32.06 All entitlements under the Parental Leave shall apply to an Adoption Leave. Such leave refers to the coming of a child into legal custody, care and control of the parent for the first time. The DECE shall provide the Board with at least two (2) weeks notice of the commencement of an adoption leave, if the official adoption date of the child is known. A DECE whose child comes into her/his custody, care and control sooner than expected, may commence the leave immediately. The DECE shall provide written notice of the adoption leave within two (2) weeks after the DECE has begun the leave.

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ARTICLE 33

MEDICAL PROCEDURES

33.01 (a) The Board shall not require a DECE to administer medication or perform any medical or physical procedure on any pupil.

(b) It shall not be part of the duties and responsibilities of a DECE to examine pupils for communicable conditions or diseases or to diagnose such conditions or diseases.

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ARTICLE34

OCCUPATIONAL HEALTH AND SAFETY

34.01 The Board and ETFO (TDECE) 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.

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ARTICLE35

HARASSMENT

35.01 It is the obligation of the Board to ensure that every DECE is free from harassment and violence in the working environment.

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ARTICLE 36

ACCESS TO DESIGNATED EARLY CHILDHOOD EDUCATOR RECORDS

36.01 (a) Within ten (] 0) working days of receipt of a written request to the DECE's Superintendent, a DECE shall be provided access to his/her "official file" as defined in Article 36.03(d) and as maintained by the Board and located in the office of the Superintendent of Education of the area in which the DECE is assigned.

After viewing the file, a DECE may request copies of some or all of the contents of the file. The copies shall be provided within five (5) working days of receipt of the request.

(b) Where there is a twenty-four (24) month period during which no adverse report or letter of discipline has been entered on the file, all previous adverse reports and/or letters of discipline with respect to the DECE shall be destroyed. Such adverse reports and letters may be maintained if required by an order or decision of a court, arbitration or in minutes of settlement between the Union and the Board.

(c) Access to a DECE's official file shall be limited to the supervisory officers of the Board, legal counsel and the officer(s) who is responsible for upkeep of the file.

36.02 Upon acknowledging in writing receipt thereof; a DECE shall be entitled to receive a copy of all the DECE's evaluation reports and to add that DECE's comments thereto.

36.03 (a) Any documents referring to the competence, character or professional practice of a DECE whether positive or negative which are to be placed in a DECE's official file, shall be discussed with and shown or copied to the DECE before these are so placed. Written notification shall be given that such documents are being placed in the DECE's file.

(b) lf the DECE disputes the accuracy or completeness of any such information in the official file, the Board shall, within fifteen (15) school days from receipt of written request of the DECE, confirm or amend the documents or remove any of these, but in all cases allow the DECE to append information regarding any documents contained in the DECE' s official file.

(c) Where the Board removes or amends information under 36.03(b), the Board shall at the request of the DECE notify in writing all persons who received a report based on the inaccurate information.

(cl) A request made under the terms of this Article shall not adversely affect the rights of a DECE as provided in the Freedom oflnformation and Protection of Privacy Act.

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36.04 (a) The storage of documents related to a criminal record check or an offence declaration shall be kept confidential and separate from DECE personnel files with access limited to the Superintendent of Human Resources and designates.

(b) DECEs subject to a positive criminal check may request to view the file materials, relating to the DECE, referenced in section 36.04(a).

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ARTICLE 37

MANAGEMENT RIGHTS

37.01 The Union acknowledges that it is the exclusive function of the Board to:

(a) maintain order, discipline and efficiency;

(b) hire, direct, classify, transfer, promote, demote and lay-off and to discharge, suspend, or otherwise discipline employees for just cause, subject to the provisions of this Collective Agreement.

( c) establish from time to time and enforce reasonable written rules and regulations, procedures, policies and protocols not inconsistent with the provisions of this Agreement, governing the conduct of the employees; and

( d) generally manage, maintain and operate its school system in accordance with the laws of the Province of Ontario and the regulations made pursuant thereto.

37.02 The Union also acknowledges that all managerial rights, powers and authority of the Board shall be reserved to it except to the extent herein expressly limited. Such rights shall be exercised reasonably, fairly and in a manner consistent with all provisions of the collective agreement.

37.03 Both parties recognize that the Board has all the rights and privileges enjoyed by the Roman Catholic Separate Schools as granted under the Constitution Act s.93.

37.04 Nothing in this Agreement shall be construed to adversely affect the denominational rights or privileges of the Board or of its supporters enjoyed under the Constitution Act s.93.

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ARTICLE 38

DEFERRED SALARY PLAN (DSLP)

38.01 The Board will grant leaves of absence of one (I) year to employees no the basis of spreading four (4) years' salary over five (5) years (hereinafter called the "Plan") on the following tenns and conditions:

(i) any permanent foll-time employee who has completed at least two (2) years' employment with the Board may apply to participate in such Plan;

(ii) the maximum number of such leaves which may be granted under such Plan shall not exceed five (5) members in any one work year;

(iii) an employee wishing to participate in such Plan shall apply on the form available from the Human Resources Department. The forms will be available on January 1 and must be received by the Human Resources Department on or before March 1 in order for the employee to be considered for participation in the Plan commencing at the stmi of the following prescribed school year;

(iv) applications for such leave have been approved by the immediate administrative professional supervisors shall be considered by the Director who shall make the final decision. An employee whose application is approved by the Director shall be so infonnecl by June I next following;

(v) each employee permitted to pmiicipate in the Plan shall enter into an agreement with the Born-cl as follows:

(1) in each of the four (4) years of the Plan commencing the start of the prescribed work year next following approval the employee shall be paid 80% of the salary and allowances to which the employee is otherwise entitled under Article 123.

(2) the remaining 20% of such salary and allowances shall be retained by the Board and accumulated with interest credited thereon at the rate payable from time to time by the Canadian Imperial Bank of Commerce on Daily Interest Savings Accounts and compounded annually;

(3) the leave of absence shall commence on the first work day of the prescribed work year of the 5th year from the commencement of the employee's participation in the Plan;

( 4) during such work year of the leave of absence the Board shall

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A. pay the employee all the f-imds accumulated pursuant to (2) and interest earned in accordance with the foregoing either in one (I) Jump sum (payable at the start of the leave based on the existing payroll schedule) or two (2) lump sums (September and January) or in instalments following the existing payroll schedule for the employee's job classification, as the employee may direct, and

B. the employee shall pay and the employee's contributions to the Ontario Municipal Employees Retirement System or Teacher Pension Plan as applicable;

(5) subject to any other provisions of the collective agreement, on the employee's return from the leave, the employee shall be returned to the same position and location, provided they still exist, in which the employee was employed immediately prior to such leave, if in the view of the Board it is practicable;

(6) during such leave, the employee's seniority shall accumulate;

(7) the employee shall not be entitled to any sick leave credits during the period of such leave but on the employee's return from leave shall be entitled to any unused sick leave credits accumulated prior to taking such leave;

(8) an employee declared redundant under Article 28.07 or who leaves active employment with the Board while participating in the Plan must withdraw therefrom. The employee shall then be paid within sixty (60) days a lump sum equal to the employee's contributions plus interest accrued to date of the withdrawal;

(9) the employee may withdraw from the Plan

(IO)

A. provided no replacements for the employee has been engaged by the Board,

B. but may not do so after April 15 in the calendar year in which the leave is to be taken except with the consent of the Board;

notwithstanding the foregoing, the Board may, if it is unable to employ an employee as a suitable replacement for the participating employee who is on leave, defer such leave for up to one ( l) year. In such event the participating employee may withdraw from the Plan and the employee shall then be paid within sixty (60) clays a lump sum equal to the employee's contribution plus interest accrued to the date of such withdrawal;

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(11) if an employee dies, retires, is dismissed or terminated or otherwise leaves active employment with the Board while pmiicipating in the Plan the employee's personal representative, in the event of the employee's death, or the employee shall be paid such lump sum and interest accrued up to the elate of the employee's death, retirement, dismissal, termination or leaving, as the case may be;

(vi) The implementation of the Plan is conditional on approval by Revenue Canada and the obtaining of an advance income tax ruling that any employee entering the Plan will be subject to tax in each of the five (5) years only on the amount of income actually received by the employee in the year and that the tax to be withheld by the Board shall be based on the amounts actually paid to the employee.

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APPENDIX A


JUNIOR KINDERGARTEN IN-TAKE INTERVIEWS & WELCOME TO KINDERGARTEN PARENT/STUDENT ORIENTATION SESSION

The Board will endeavour to provide the opportunity for the DECE to participate in Junior Kindergarten Parent In-Take Interviews and the 'Welcome to Kindergarten Parent/Student Orientation Session, if scheduled during the instructional day, subject to the availability of internal covei·age.

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APPENDIXB


SUPPLEMENTAL EMPLOYMENT BENEFITS (SEB) PLAN

1. The object of this SEB Plan is to supplement the employment insurance (E.I.) benefits received by employees from the Human Resources Development Canada (HRDC) for temporary unemployment caused by pregnancy, parental or adoption leaves granted in accordance with, and pursuant to, the Employfnent Standards Act and the Collective Agreement to which this SEB Plan is appended.

2. The other requirements for receipt of a SEB are:

(a) The employee must be eligible to receive E.l. pregnancy, parental or adoption benefits from the HRDC;

(b) An application for SEB must be made by the employee on a form to be provided by the Board and the employee shall provide verification of the approval of the E.L claim indicating the weekly amount to be paid by the Employment Insurance Commission;

( c) The employee shall sign an agreement with the Board indicating:

(i) That the employee will return to work (prior to submitting any resignation) and remain in the service of the Board (in accordance with the terms of the Collective Agreement to which this Plan is appended) after returning from the employee's pregnancy, parental or adoption leave (and any subsequent unpaid leave of absence granted by the Board under the terms of the Collective Agreement to which this Plan is appended); and

(ii) That should the employee not comply with (i) above, the employee shall reimburse the Board any monies paid to the employee under this SEB plan.

3. An employee must have applied for E.I. benefits before a SEB becomes payable.

4. An employee disentitled or disqualified from receiving E.l. benefits shall not be eligible for a SEB. A SEB payment shall be made only when it has been verified that the employee has applied and qualified for E.l.

5. An employee shall not have the right to a SEB payment except for supplementation of E.J. benefits for the unemployment period as specified by this Plan.

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6. A DECE taking Parental Leave or Adoption Leave under this Article who is subject to a waiting period of at least two (2) weeks before receiving Employment Insurance parental/adoption benefits shall receive an allowance of $450 per week upon appropriate verification to the Board.

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APPENDIXC


OCCUPATIONAL HEAL TH AND SAFETY

The Board and the Union shall meet to discuss Health and Safety Issues and to determine process for DECEs to have representation on a Health and Safety Committee.

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APPENDIX D


JOINT BOARD/UNION COMMITTEE

( a) The purpose of the Joint Board/Union Committee is for both parties to come together to discuss issues relevant to the Board and the Union.

(i) Issues shall include, but not limited to:

• Professional Development • Professional Activity Days • Staffing/Enrolment • Allocation • Program • Resources • Budget • Health and Safety

(b) There shall be a Joint Board/Union Committee composed of equal numbers appointed by the DECEs and the Board. The DECEs shall nominate three (3) DECEs who shall participate in the deliberations of the Joint Board/Union Committee. The representatives of the DECEs and the Board shall each nominate one of their members as CoChairperson.

(c) The Joint Board/Union Committee's first meeting in a school year will be called within thirty (30) days of either paiiy giving notice, to the other requesting a meeting. Either party may add agenda items.

(d) Three (3) additional meetings per school year will be held at the written request of either paiiy and will be scheduled as mutually agreed upon by the parties on the Joint BoardUnion Committee. Additional meetings may be scheduled by the Committee.

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APPENDIX E

DEFINITION OF OMERS CONTRIBUTORY EARNINGS

The following definition of contributory earnings under the OMERS pension plan is provided for information purposes only and is non grievable. The parties will continue to be bound by any and all amendments to the OMERS pension plan.

Contributory earnings must include all regular earnings as follows:

• Base wages or salary; • Regular vacation pay ifthere is corresponding service; • Normal vacation pay for other-than-continuous foll-time members. Includes

vacation hours in credited service; • Retroactive pay (including any pay equity adjustment) that fits with OMERS

definition of earnings for all members, including active, terminated, retired and disabled members;

• Lump sum wage or salary benefits which may vary from year to year but whieh form a regular part of the compensation package and are expected to normally occur each year (for example, payment based on organizational performance, some types of variable pay, merit pay, commissions);

e Market value adjustments (for example percentage paid in addition to a base wage as a result of market conditions, including retention bonuses if they are part of your ongoing pay strategy and not a temporary policy);

• Ongoing special allowances (for example, flight allowance, canine allowance); • Pay for time off in lieu of ove1time; • Pay in lieu of benefits (for example, when an employer has a flexible benefit

program and the employee receives compensation in lieu of the benefit option); • Salary or wages for period of suspension where a member is reinstated with full

pay and seniority (for example, a grievance settlement specifically reinstates a terminated employee with full pay and seniority);

• Danger pay; • Acting pay (pay at a higher salary rate for acting in place of an absent person); • Shift premium (pay for shift work); • Ongoing Jong service pay ( extra pay for completing a specified number of years

of service); • Sick pay deemed to be regular wages or salary; • Salary or wage extension for any reason, provided service is extended (the

member must be kept whole for example, continuation of salary and benefits). If the member becomes employed in another position and begins contributing to another registered pension plan ( except CPP) the balance of the extension period becomes unpurchasable service;

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• Stand-by pay/call in pay (pay for being on call, not pay for hours worked when called in) [where this pay is in relation to duties that are an extension of the member's normal job],

• Living accommodation premiums provided (if paid as a form of compensation and not as a direct expense reimbursement);

• Ongoing taxable payments to pay for costs (for example, educational or car allowances);

• Taxable premiums for life insurance; • Taxable value of provided vehicle or car allowance (for example, if an employer

provides an allowance (that is, expenses that are not reimbursed) then the allowance is considered part of contributory earnings. If an employer reimburses mileage, this reimbursement represents payment for gasoline; maintenance, insurance, wear and tear on the vehicle and license fees should not be included as part of contributory earnings;

• Payments for unused accumulated sick days or vacation time, only on retirement and only if credited service is extended. When you include lump sum payments of unused sick days or vacation time as contributory earnings, you must also extend the retirement date and the credited service by the number of days covered by the payment. The member's pension will begin on the first day of the month following the revised retirement date.

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APPENDJXF


PART-TIME DESIGNATED EARLY CHILDHOOD EDUCATORS

In the event the Board employs a DECE part-time, the Union and the Board shall meet to discuss the terms.

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APPENDIX G


EXTENDED DAY PROGRAM

In the event that the Board determines that it will be the Extended Day provider at any current or future Early Learning Program locations, the Board and the Union agree to meet to establish the relevant staffing and working terms and conditions applicable to the provision oftbe Extended Day Program.

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APPENDIXH


PERFORMANCE APPRAISAL

The Board and the Union shall form a joint committee to develop a Performance Appraisal l'rocess. The committee shall consist of tht·ee (3) Union representatives and three (3) Board representatives. Discussions will include but not be limited to: evaluation criteria and timelines.

The first meeting shall take place no later than May I, 2016. The committee shall make recommendations to Superintendent of Human Resources, no later than October 1, 2016. The Board's Performance Appraisal Process and any Performance Appraisal process evaluation forms shall be completed and executed Board wide by December 1, 2016 and the implementation to take place by September I, 2017.

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APPENDIX I


TRAVEL EXPENSES

In accordance with the Board's Expenses Policy, any DECE who incurs trnvel expenses under Article 26 of this Collective Agreement shall submit all outstanding travel expenses to the Board for reimbursement within ninety (90) days from the original expense date.

Any DECE who incurs travel expenses between May 1st and June 30th of each academic year must submit all expenses incurred during this time frame to the Board for reimbursement by August 31 st of the same year.

Each DECE must submit original copies of all travel expenses in order to qualify for travel expense reimbursement under Article 26 of this Collective Agreement.

Any DECE who incurs expenses under Article 26 of this Collective Agreement and is not in compliance with the Board's Expense Policy regarding reimbursement of travel expenses and the te1111s set out above in this Letter of Understanding will not be eligible for travel expense reimbursement.

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APPENDIXJ

LETTER OF AGREEMENT

RE: ARTICLE 26 - VACATIONS

The parties mutually agree to meet during the life of the September 1, 2014 to August 31, 2017 Toronto Catholic District School Board and the Ucsignated Early Childhood Educators of the Elementary Teachers' Federation of Ontario (TDECE-ETFO) Collective Agreement to discuss the implementation of a revised annual vacation accumulation and allocation cycle, as well as the Board's implementation plan to align employee vacation entitlement with the Board.'s fiscal year in order to meet the Board's fiscal year financial reporting obligations.

The proposal for a new vacation accumulation and allocation cycle shall not negatively impact any employee's vacation entitlement in accordance with Article 26 of the TDECEETFO Collective Agreement.

ADDENDUM

MEMORANDUM OF UNDEP,SiANDlNG

BETWEEN

THE GOVERNMENT OF ONTARIO

AND

ELEMENTARY TEACHERS' FEDERATION OF ONTARIO {ETFO)

Maternity Benefits

E!ig!bie Employees

Effective 1Vlay "i, 2013, empioyees previously eniiiled io maternity benefits under lhe 2008-12 coiledive agreement or ihe fast colleclive agreemen, concluded between the parties will continue to be entil!ed to these benefits. In addition, the benefits are a!so av8 i!able to:

" Empfo)lees hired in a term position or filling a !ong-term assignmerit, wi(h ihe length of 1he benem limited by the term of !he assignment and commem:ing ,vit!l the birth of the child

• .A.ny olher fu!l"time employee (for this pwpose defined i:lS greater than 24 hou ts per week)

Employees on daily and/or casual assignments c1re not entitled to rnaterni(y benefits unless they were previously entitled under the provisions of the 2008-12 collective agreement or the !as/ colfecjive agreement concluded between ihe parties.

Benefit Entitlement

Notv,ithslandfng any provision in the co!leclfve agreernen( to the contrary, all "eligibie employees" as sel out herein on pregnancy leave shaif receive i 00% of !heir salary for not 1eS$ than the eigl1t (8) we,sks of pregnancy leave less any amounts received rnKier the Empioymeni insurance .Lie! during such period. Such payments shal! be made without dedl!ctton from sick leave or the Short Term leeve Disability Program {STLDP) under the collective agreement

For clarity, eligible emp1ovec:;s shall receive lhe pregnancy leave benefit payments herein for lhe entire eight (8) week pedod throughout the course of the entire calendar year regardiess ofwllether the employee wm.1ld othe1wise be required to work during the eight (8) week period (i.e. during summer, March a11d Christmas breaks etc.). Payment silali be made to lhe employee in accordance with the Board's payroll procedure.

Ii is further understood that where superior entit!emenis exist in the 2008-2012 Collective Agreement or the mos! recent col!ectlve agreemenls entered into by the parties, those superior entitlements sha!i apply.

Notv1ithstanding the above. where a bar-gainfng unit so elects~ the- SES or saiary replecernen! plan not,~d abovt, wlil be altered to include six (6) weeks at 100%, subject to !he aforementioned rules and conditions, plus meshfnfJ with einy sL1perior entitlements to maternity benefits contained in the 2008-20i2 coHective agreement. For example, a 2008.,2012 Coi!edive Agreement that indudes 17 wed,s at 90% pay would result in 6 v1,1eks at 100% pay and an additional 11 weeks at 90%.

In order to be eiigib!e lo the maternity benefits herein, an employee must commence a pregnancy leave no eariier than May 1, 2013.

Sick Leave/Short Term Sick Leave and Disability Plan

Sfci,z Leave Days

1 . An emproyee who was previously ent!lled to sick leave tinder the 2008-20·12 co/iecHve agreeme,r\l v,i!I be enHUad to this sid: leave p!an. In addition the sick teave is f:·dso avaHa.ble to:

<• Employees hired in a term position or fi!ling a long-term assignment, wi!h the leng!h of the sick leave HrnHed by the tem1 of the assignment. ·

~ Any other fu !i-tkne en1ployee {for this purpose defined as greater than 24 hours per v,ieeki

2. Each school year, an employee shall be p,)ld 100 % of regular salary for ,ip to eleven (11} days of absence due to iHness. mness shail be defined as per the 2008- i 2 local coliE,ctive agreement Pa:1-Hme employees sha!! be paid i 00% of their reguiar salary (as per iheir fulHirne equivale11t siatus) for up to eleven (11) d,ws of absenre due lo i!iness. Such days shall be granted on September 1 each year, or- on the employee's first work day of the schooi year, provided the employee is actively at work and s!1all not accumulate from year-to~year.

3. VVhere an employee is absent due to sickness or injury on his or he, ftr,;t wor'K day in a fiscal year, a sick !eave credit may on!y be used in respect of that day ln accordance with the following:

a) If, on the last work day in the previous fiscal year, ihe employee used a sick leave credit due to the same sickness or injury thai requires the en,ployee lo be absent on the first work day in the current fiscal year,

i. the emp!oyee may not use a sick feave credit provided for the current fiscal year in respect of the firs! work day, and

ii. the employee may use any unused sick leave credits provided ior the immediately preceding fiscal year in respect of !he first work day.

b) !f 3 a) does not apply, the employee may use a sick leave credii provided for the cmrnnt fiscal year in nospect of the first work day if, /or tl1e purpose of providing proof oi ihe sickness or injury, the employe(l submits !he informc1Uon specified for ttia1 purpose in the co!lective agreernenl provlstons and practices fn effect as at August 31 / 2012.

c) if an en1pioyee is absent due to $iciu1ess or injLrry on his or her first work day in a fiscal year, section 3a) anci b) also applies in respect of anywNk ciay immediately following the employee's first work day until the ernp!oyee returns to ,..vork in accordance v-.r!lh the tenns of ernploymenL

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d) For greater certainty, !he references in section 3;:1), b) and c) to a s;c.kness or injury include a sickness or injury of a person other than the employee ff, pursuant lo ihe definiiion of illness in section 2, the employee is entitled to ,1se a sick lec1ve credit in respecl of a day on whic:l1 !he other person is sick or injured.

e) A partial sick leave credit or shor! term sick li;,ave credi( will be deduded for an absence due io illness or mGdicaJ appointmen! for a parllal day.

i. However, \f1/Si8 and ! .. rD providers are first payors. !n cases wnem the empioyee is returning io work from an absence funded through WS!B or l TD, the return to wo,i( protooo!s inhel'ent in the \/\1Si8il TD shall take· precedence.

4, 1\ny 1eave of absence in the 2008,.12 CoHectfve Agreernent, that utmzes deduction from sick !eave, for reasons other than personal illness shall be granted v1ithout loss of salary or deduction frorn sick reave 1 to a rrfaxin1urn offive (5) days per scl1ool ye,,r. Loca! co1iectivt, agreements tha.t currently have !ess than five (5) dayt. shall remain al iha! number. Local collective agreemer,ls that have more than five (5) days sllali be limited to five (5) days. These days shall not be used for the purpose of sick leave nor shall they b(" accumulated from year-to-year,

5. For th,, purposes of section 2, if an employee of a board is on!y employed to work for pari of a year, the employee's eligcbili!y for sick leave credtts shall be reduced in accordance with the po!iC\' of the board, as it exisiecl on August31, 2012, If hired after the beginning of the fisca! year, a fuH-tirne employee is enUHed to the fu!I al!ocation of sick leave credrls as per seclio,ts 2 and 8.

6, The Board sha!f be responsible for any costs rc!ai0d io ihird part\' assessments required by the board in accordance with the coi!ective agreement provisions and practices in effect as at August 3 'l, 2012, For darity1 cuffent practices v,ith respect lo !he payment for medic.al notes will confinuE;.

7. The Pw1les agre,, to t.'Dntinue to coopGrate in the implementation and administration of early intervenHon and relum to work proc,"sses.

Short rerm Sick Leave

8. Each schooi ytifff1

fHl t1trtploye0 absent t.H;iyond the eleven ('I ·q sick leave deys: paid al 100% of salary, as noted in Heclion 2 above, shall be entitled up to an addfUonat one hundred and hven1y (i20) days short ienn sick leave to be paid at a rate of 90 per ceni of fhe ernployet~'s regular salary if the eroployee fs absent due to personal mness including medical appointments as pe;· the co!!edive agreement provisions and practices in ef/eci as al August 31, 2012.

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8. Shorl-Tern, Sick Leave days under the Short-Tenn Leave and Disabf!ity (STLDP} shafl be treated as iradltionar stck !eave cfays for persona! illness including medical appoin!ments.

Short-Tem1 !_eave and Disability Plan Top-up (STLDPT)

i 0. For en1pioyee absences that extend beyond the eteven {11) sick ieave dats1 employees wili have access to a sick !eave top up for the ptirpose of topping up salaiy to one huncirecl percent (100%) under the Sho1t Term Leave and Oisabrlily Pian.

This top up ts ca!cuiated as f0Hovi1s:

Eleven (11) ctays iess the rH .. m1bt::r of sick days used in the prior year,

11. In 20·12-1 :i, tile transition yem, each employee shall begin the year with two (2) days in the top-up bank.

'i 2. in additron to the top-up banf\1 cornpassionate teave top.,up may be considered at the disc;r0tion of the bomd to iop-up saiary under the STLDP. The compassionate leave \op-,up will nol exceed lwo (2) days arKl is depc-uident on having up to two (2} unused ie,we dayl': in the current year ,wailable under paragraph 4.

·i 3. VVhen employees use any part or a short trerm sick leave day they may access their lop-up bank to top up !heir sala1y to 100%.

Long Term Assignments

i 4.A rnember of ETFO employed by a board to fiil a long-term assignment position !ha! is a. fu!t year for ihai employee's job class sha.!i be eligible for the fofiowing s!Gk leave credits during a board's fiscal year, aHoc:aieci at the commencem,mt of the !ong-lerm assignment

i. Eleven {'11) days of Sick Le~ve paid at 100°/o of regu!t:r salary.

2. Sixty (60) days per year of Short Term Sick leave paid at 90'% of regu!ar salary.

i5.A rnember of EIFO who is ernployed by a board to fiH a Jong-1errn ;1ss!gnment position that is iess !han ;, full year for that employee's job class shall be eiigitile for eleven (1 '1) days of S[ck Leave ~nd sfxty (60) days of Short Terrn Sick Leave as per section"f4 1 ·reduced to reflect the proportion the ~ssl~Jnrnent bears to th(:! length of the regular i;vork year, and ~)Hocated at the start of the ass!gnrnent

16.A !ong term assigmn,;nt shail be as dsflned in !he 2008-2012 ccllective agreement. Where no such ddini!ion exists, a long tern, assignment wili be defined as twelve (i2) days of continuous r,m1ploymeni in one assignment

LTD Plans

i 7. lf 1he Long Tenn Disability Plan conialn,x/ in the 2008-2012 cof!eciive agreement requires a waiHrig period of mono ihm1 130 days, the 120 day short !,::,rm sick i0eve period re/erenced above shall be ex!encled to the minirnllm waith19 pJriod required by ihe plan. For teachers, this exiension shall only appiy to leaves which commence on or before December a 1, 2013.

Lo11g T0.r111 Disability

The ETFO shail be the polie,;-yholder of the Provincial ETF () Long Term Disability Plan (LTD). The Board shail provide alt da!a, related to (he LTD Plan, as requesti,id bylhe ETFO selected carrier.

The ETFO shaii delermine the design of ihe l TO Plan, the terms and condflions ofthe plan and the selection of the carrier.

Ai! ETFO Teacher Bargaining Unit membf;irs who are permaneni employees, including members who are on an epprovGd leave of absence, are eligible and shall participate in the LTD Plan .'lS acondifam of thf1ir employmEmt s,Jbject to ihe tem1s of the ETFO LTD plrn1 administered by OTfP.

Only teachers 'Hl10 have reach8d the LTD policy termination (based on age, pension eligib!fity or eHgible !o participate in the LTD p!an), have submitted formal notice of teliremeni. and are within the waiting period !o be eligible for termination of premium and prefer to opt out of the LTD plan are considered ineligible.

The Provincial ETFO LTD pian shail commence September i, 2013.

The ieacher shall be responsible for one hundred percent (100%} oflhe LTD premiums.

The Board shall provide a fist of members receiving LTD benefits as at the dale of implementation.

Tile appended letler "Permission to Release Experience Information", forms a par! of this agreement, and outlines ihe obiigations of the Board and/or its agent to disclose the specified information.

The Board shaH be responsible for (he foltov,lng tasks related to ihe i-ldrrdnft1traticn of ihe mandatory LTD Plan:

A) Enrolme11t/EtigibiHty Administration i) provide ali teachers with wrillen or on line LTD coverage information as ·

provided by ETFO anc!lor OTIP; li) enm!/ a!I eligible teachers into the LTD p!an; iii) inform teachers going on an approved leave of absence through written or

online information provided by ETFO ami/ot OTiP of their obligation to 1naintain LTD covera9e during the approved !eave and the process for deductions whf!e on an approved !eave of absence;

iv) keep all records updated ilnd submit teacher information for (he benefils that are insured U1rough OT1P on or before November 30'" each year usin9 ihe required process sr,d forn,ais required by OTIP;

v) support the LTD vvaived!enT!lnaiton of L TO cover~1ge process for retiring teachers as defined by ETFO and OTIP;

vi) vvhere a payroll feed adrnin!stration is jointly selected by the Local and Board this practice wiil continue. (submission of the required 0ligibWty/enrolrnen1 infonr1aUon and data forn1at df:fined by OTiP).

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B) Pmmium Administration i) H)

iii)

V' .}

make payrof! deducUons; make monihiy payrolf rnmiiiance based on !he L TO premium contriliulion and insured salE! ry provisions with in lhirty (30) days in Uw manner prescribed by !he ETFO Provincial LTD Plan; submit all payroll deductions (premiums) aiong wilh the reql!ired supporting information defined by ETFO and !Ile Teacher Bargaining Unii ( Le, premium rate used in calcu!aiion, total insured salary, number of insured fives, policy w,d division number, premium period); collect cind submit appropriate premiums from eligible teachers for LTD coverafJe v,,flHe on approved !eave- of absence;

· support the infom-.c1iion w1d process requiremenis in the agreecl"upOil payroll feed (as per A vi);

vi) process prerniurn refunds for n1ernbers vvho have had lllcorrect deducUons due to iterns such a.s adrninistraHon errors, not e/iglbie e\c::.

C) LTD Claims Administration

iv)

v)

,,1'\ " }

support, complete and Sl1bmil the F'li;,n ;\dministraior Siatemenl as required by the plan provisions in the LTD ciaims process; provide ETFO members wilil the claim kits wilere !he Teacher Barg8ining Unrt and !Ile Bo;,rd mutually agree; provide notification of prolonged absenc<JS after 15 consecutive working days to the designated ETFO Teacher Bargaining Unit Representative and OT! P ln order to support the eady inter;eniion rehabiiHation process: suppori the rnandatory eat1y intervention process by provlcHng contact information where required; utHize the OTI P ciairns kit to adhere to ll1e required procedures for the LTD claims process: provide teachers wiih the appropriate cia.ims applications in the ever;! of disability; support return to work plans for teachers returning front disabHity tnciudin~J Job descrip!ion, scheduling and salary 1nformaiion.

/'.\ii of the above requirements in A, B and C above rm1st be performed within the contractual and administrative limeiines established for the Pmvincial ETFO LTD Pian.

D) ETFO and OTIP are required to:

r) Ji\ .. , iii)

provide LTD lnsuranct~ to (~f!gibif; ETFO teachers~ orovide the master 1Jo!icv to !ile Board; i)rovide c!ain1s kits {o the Board. th~it provide supporting inforr11aUon ~bout the administrative procedures;

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rv) cormnunicaie any changes to the LTD Plan induding premium rciles to teachers and the Boa1·d on a iimeiy basts;

v) provide access to teachers on the L'f'D coverage information; vi) develop and st1ppori the LTD vvafverftern1ina.1ion of LTD coverage process

for reHring teachers as defined by ETFO and OTIP; vii) provide full support for teachers who an, off due to proionged absence

through Earl\' lnie1vention and ETFO l TD Services. viii) participnte along with the Board and OTIP in return lo work plans.

The ETFO shall assume t1li other admfr1i"tn,tive functions of the LTD Plan.

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Appended letter

LONG TERM DISAB!UTY REV!EVv

PERMISS!Of\! TO RELEASE EXPERIENCE INFORMATION

Subject: Gnn1p Name and Poilcy Number(s)

This letter authorizes ti,e reiease of the foilowing plan information for our group to OTIP (Ontario Teachers lnsmance Pian),

Specifically, please forward:

1, Copy of curn,nt confract {or booklet if contract nol evaHab!e), Plt:l!lse include a. history of p!an cu11EH1drnents vvnhin the last three to five years.

2, Prnm!wns and c!aims experience separated by year for th~i past tt1ree to five years for the LTD benefit lndicaiion of whether PST is included or excluded from pn,,miurn provided as well as indication o/ any exlerna! consulting fees included in the premium,

3. Premium rate history and basis(% of insured sa1ary or per $100) includirig effective dates coinciding with the premium and claims experience stated i!1 2. The rate histoiy should include the reason for change:

a} Due to renewaJ

b) Due to change in plan design

4. Census data that inciudes for each empJoyee date of birthl gender\ salary! volumes of L 1D insur·ance, employee class, employment siaius and indication of waived coverage. Tl1is should include members who are on leave that are continuing LTD coverage,

5. Current !istin(l of disabled memb,,r.s illal includes the employees date of rifsabili!y, date of benefit commencement, dale of bir'lh, gender, salary, volume of insmance, claim siatus, tennina!ion datt1 and ornployment status.

6, Indication of wh0ther the LTD bGnefit is mandatory or voluntary,

7, indication of current premium share arrang0rnents (taxable or non-taxable),

8. Most recent financial st,tement outlining \he financial posiiion including any resarvci values (claims fluctuaHon reserves and lncurred but not reported reserves) and funds on deposi! in excess of required reserve amounts.

S, A summary description of U,e claim handling process at the bo,,rd

fL \Nho provides claim kits

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b. Are cornpieted daiff'!S kits sent directly to carrler by dairnant or required io be returried to board and board fonNaJds to carrier.

10, A summary description of process to identify potential L TO claimants and whf;lther early intervention rnhabil!tation services are provided f available.

1 "l ,A st1mmary description of LTD continuation during a leave of absence.

a. /'.re rnernbers aHowed to suspend / continue coverage b. Are premiums billed and collecied by board or paid direct to carrier

12 . .A summary description of return to work process from board's perspective.

This infonnation Is to be sent to:

OTlP P.O. Box 218, 125 Northfield Drive I/Vest VVaierfoo, ON N2J 3Z9

Tri a ni, you for your cooperation ;md assistanc,:,,,

Sincerely,

Name Title

\/olunrary Unpaid Leave of AbsencE, Program For all Bargaining Units

·1. in order to provide potential financial savings to the Board, a Voluntary Unpaid Leave of Absence Program {\/LAP) shali be established for aliE1T'O be rgaining units effective on the date of ratification of fhis Memorancl;im of Understanding~

2. Emp1oyees may apply for up to five (5) unpaid !eave o/ absence days /or personal ,eas(,ns in E,ach year of the Collective Agreement.

3 Requests for unpaid d::;ys shall not be denied provided thai, lf necessary, there a re expected to be e·n-ough avaflable occ3sfona! staff to cover for abs~nt employees, f1nd subject to reasonable systen1 and school requirements.

4,. For vofuntary unpaid leave days, vvhich are scheduled in advance for the. 20 i 3-2014 school year, the salary deduction will be equa!ized over me remaining pay perrods of the 2013-14 schooi year provided tr,e requests are made in writing by September i5, 20'13.

5. 11 is under-stood that tea.chars taking a voluntary unpaid leave day shall be required to provide appropriate \!Vork for each of their dasses and other regular teaching and assessment resptmsibililies including but not limi!ed to preparation of report cards.

6. Requests for voluntary unpaid leave oi' absenoc, days will not normally i11dude the first week of the school year and days needed to support s!udent assessment periods and parent reportin~1,

7. Vofuntary unpaid !eaves shafi be reported as approved leaves of absenee for ihe purposes of the Ontario readwrs' Pension Plan and OMEF<S.

8. The Board will report unpatd LAP days to each ElFO Ba/l1aining Unitbasecl 011 the names of applicants and the toia! approvals on 8 monthly basis.

9. Afl net savings. achieved by the Board as t1 result of VL/\P day$ being uttlized shall be applleci to Offsetting fvieasuret,.

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Unpaid Days and Offsetting !Vieasures for Teacher Bargaining Units

.All members of an ETFO teacher bargaining unit as defined in Section 277.3 (i)1 of the;; Education ikt, hereinafter ETFO ieachei- bargaining unit, wiil be required to take one {'/) mandatory unpaid day on Fride;y, December 20, 2013.

The following cos! savings rneasures wHI be impiemented:

1. Voluntary Unpaid Leave of Absence Program

2'. Efficiencies ln the deiivery of prof$SSionsi deve!oprnen.t for the October 111 2013 PD day wilf b,; used to provide funding for offseitin9 measures equivalent to 16% · of the cost of an unpaid day. Further, this PD d;;ry wfli be a d,.,y reserved for the delivery of Minist!y priorities.

3. /1,n Eady Retirement incentive Plan (ERIP) 'Nill be introduced in the event lhal the savings ln iti and #2 are no! projected io provide sufficien! cost recovery forone unpaid day across !he Bargaining Unit

if the necessary savings are achieved in #1 and #2 Hie Board n1ay choose to implement the ERIP program at its discretion.

The ERIP shall be In the form of a $S000 payment to any teacher who rniires between !!le end of November 2013 and !h0 Isis! day of J,,nua1y, 2014.

"fhe Board shall give notice of ihe implementation of tile 1:RiP no later than November 30, 20-13.

/~ny requlrenients for notrfica1ion periods for reHrernent or spedfic retirement dates shaH be \Naived tn the 2013.-2014 school year, ,fl.. rninirnurn t'iNO v1eek retirement notice period shall be pmvidr;d ,o boards in the open periocl from November 30, 2013 to January 30, 2014.

4. Any other t:osi savings n1easln-es a£)reed lo by Bargaining Unft and tht~ Soard.

The offsetting rneasures noted above shaH only apply for H1e 20i2/20't 3 and 20i3/20 ... r4 school years.

Ail 1nen1bers of an ETFO teacher bargaining unit v1m be required to take ~ further unpaid day on Friday !v1arch 7 1 201,4 if the f.d)ovr1 n1easures do noi achle\1e .suf-fldent savings at !'east equa{ to the value of one day's pay ac..:ros.s the Bargc)lning UnH. tn the event thai cost-savings rneasu.res achieve savlngs !n excess of those required tc offset unpaid days, SLJcl1 savings slmll be retained by the Board, /1.ny member of ETFO who is not a member of an ETFO teac:he,r bargainin£1 uni! shai! not be required io take unpaid days.

10 .. {: .. -

Reconclllation For Teacher Bargaining Units

!, reconciliation (,'QmmiHt%, will be created with equal representation from the Board and ihe ETFO teacher bargaining unit

The committee wi!I meet monthly starting in June 20·!3to track targeted savings and expenditures. The cost of the ERfP sharl be deducted frorn sttvfngs. AU relevtint informa!ion required to monitor and administer ihe recondiia(lon shalf bl.; fully sl1ared between the parties. fn the event that by Noven-ibet- 30, 20'l 3-1 $avfngs are not on target to n1eet the finandaf goal equivalent !oat least one (1) unpaid day, the ERIP program will be impiemen!ed. ln the ev,mi of a displ:te between !he Board and Bargaining Unit about iho financial necessity for an ERf P, ihe So Md may choose not fo offer !he ERIP program. However, in the event that the financiai savings for !he cost recovery for the unpaid day are not subsequently achieved1 U-1e rnerribers of the teacher bargaining unit shBff not be required to Lake an unpaid day on March 7. 2014.

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Attendance Recognition

A Shared Savings lniliative (SSJ) shalt be established in every ETFO bargain1n9 unit The SSI shalf operale as fo!fo,vs:

Individual member sick leave us1-ige for the 2013-20·!4 school yearshail be as perihe definition for sick leave in the 2008-2012 colfecrive agresmeni and sha/1 be determined as of june ~JO. 2014.

If a member of an ETFO teacher bargaining unit's usage is be!ow six (6} foll days of his/her days' absence then the member shall receive a payment equivalent !o his!lw daily raie. Annual compensation is noi lo exceedwhat would h8V/J b(,en paid in the absence of unpafd days.

For ETFO members, other !han members of an ETFO teacher bargaining unit. the payment sl1a!I be equar to a mernber's regular daily rate of pay and shall be contingent upon the mernb,s,r having taken a VLAP day during !he term of this collective agreernent.

The payment shall be made at lhe earliest opportunity following June 30, 20·14.

·\ 4 - .!._ -

Specialized Job Classes

V\lhere there is a particular specializr:,d job class in which the pay rate is below !heloca! market value assessment of trrnl job c!ass, 1he par!ies may use existing means t1nder the coHective agreement to adjust compensation for Urn! job class.

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,Job Security for Support Staff

1 . The existing FTE compiemenl as of March 31, 2013 in all ETFO support siaffjob classes will be maintained until A,igusi 3i, 2014. For ctadiy, a job class is defined as per existing co!isiclive agreements or ihe past practice of the parties in implementing surph.1s provisions.

2 _ Staffing provisions contained in th,) 2008-12 collective agreements or the iasl C(,Hective agreement <x:irnpleted between the parties wi\h regard lo surplus and bumping will continue_

3. Notwii/1standin9 the above, layoff of permanent employees, after the date of signing of thi~ agrt3:en1ant 1 can ocqtffr only fn the foBov~rJ.ng circun1stances:

a .. A catastrophic or tmfo,eseeab1e event or circumstance; b, Declining enrolment; or c. Funding reductions directly related to services provided by bargaining unit

rnembers.

4. VI/here cornpiemen\ reductions ars required pursmmt to the 3 (b) or (c) above, they shall be achieved as foilows:

"· ln the csse of declining enrolment staffing reduclions shall occur al a rate not greater than the rate of student foss, and

b. fn lhe case of funding reductions, staffing reductions shall not exceed the ainount of such funding reductions.

5_ Reductions as may be required in 3 (b) and (c) above shall only be achieved through lay-off after consulialioil with ETFO on a1temailve measures, which may include:

a_ Prior1!y for available 1emporary, casual and/or occasional assignrnenis; b. The estabHshn1ent of a perrnanent supply poot where feasible; c. The devefopn1ent of a vofuntary \-¥orkforce reduction

profJrnm (contingent on full pmvinch,,f government funding).

6. Every effort should be made to minimize necesswy l,Jyoffs through attrition. Notwithstanding !he above, a board may reduce their complement through atiritlon.

7. This letter of understanding expires on /\ugusl 31, 2014

8. Jn !.he event that the curn":nl coHecUve -21greernent contains job security provisions vvhich are superior to the above, such existrng provfsfons. shaH pt0\laiL

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Non--Vested Retirement Gratuity For Employees

The minimum years of se1vice for retirement gratuiiy shall be defined as the !esserof tile contractual minimal service requirement in the 2008-201?. collective agreerneni, or ten (10} years. Those employees wlih less lhan the minimum number of years of sorvke shall have that entltiernenl frozen as of August 31, 2012. These employees shall be enHHed lo a Gratc1fty \f./ind-Up Paymeni calculated as the lesser of the board's exis!rn_g amoun! ca!cutated under the !Joarc!'s coliective agreemen! as of A11gust 31, 20·12 (or board po Hey as of thaf date) or the foUowing forn1ula:

X 30

y 200

l 4

= Gratuity \Nfnci-:!J p Pr.yrnent

X = years of service (as of August 3·1, 2012) Y"' accumulated sick days (as of /\ugust 3i, 2o·i2) Z"' annual salary (as of August 31, 2012)

For clarity, X, Y, and Z shall be as defined in the 2008-2012 coileclive agreemen! or as per policy or practice of the board for retirem€nl gratuity purposes.

The Gratuity Wind-Up Payment shall be paid to each r:m1ployee by !he end oi \he school year.

Vested Retirement Gratuity For Employees

The pay-out for those who have vested ReUremenl Gra!uities shall be as per ONT. REG. 2fi3 and 12113 made underthe PUTTING STUDENTS FIRST ACT, 20'12 and ONT. REG. i/'13 and iili3 made under !he EDUCATION ACT,

ii is understood that members sh,'li! be fu!ly vested if !hey have compfet,1d the quaHfyrng periods ln existing colleciive agreements regardless of 1Nhether ihe quaJifying perfod is less !h,m ten (iO) years,

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