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Understanding Your Contract
An Introductory Presentation
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Teacher Rights
Statutory – established by law in Ontario
Contractual – negotiated between the union (employees) and the school board (employer)
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Statutory Rightsin Ontario Education Act Employment Standards Act Occupational Health and Safety Act Workplace Safety and Insurance Act
(WSIB) Ontario Human Rights Code Ministry of Labour Act
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Role of the Union
Why do we need a union to establish additional
contractual rights?
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Contractual Rights
A contract negotiated in good faith between an employer and its employees seeks to allow ALL employees the benefit of being treated in a fair and equitable way, ensuring a transparent and consistent process
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Contractual Rights
This agreement frames the relationship as agreed to by the employer and the employees. It is the responsibility of management as much as employees.
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The Collective Agreement
A team-based approach to enhancing the working conditions and benefits of teacher members in a union
Based on what is best for the collective, or the greater good of all teachers working for a school board
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Examples of Contractually Negotiated Rights Teacher Workload Positions of Responsibility Work Related Experience Teachers’ Salary Scale Annual Allowances Sick Leave Gratuity/Leaves of Absence Deferred Salary Plan Benefits23-04-10 TSU-OECTA ANNUAL STAFF
REPS IN- SERVICE 10/09
Non-Unionized Schools Do not always guarantee a permanent contract or job
security Do not always guarantee a pay scale that increases
with each additional year of experience Do not usually include a benefits package Do not usually provide a formal procedure for liaising
with your employer and engaging in collaborate decision-making on issues such as health and safety, safe schools and professional development
Do not offer you legal representation should you need it
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What Do Teacher Unions Do?•Represent teachers who feel that the contract has not been upheld fairly and negotiate a fair settlement with the school board
•Provide PD to teachers on issues of concern
•Lobby the provincial government on behalf of teachers and the school board in order that funding and resources be properly allocated
•Monitor health and safety issues in schools
•Liaise with the board in creating safe schools and other relevant protocols
•Provide a collective professional voice for issues in education
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Common Elements in a Teacher Contract
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Salary Placement
Determined in two main ways: category placement (determined
by QECO (Qualifications Evaluation Council of Ontario)
years of experience (determined by either the number of years you have been teaching OR related years of experience)
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QUALIFICATIONS EVALUATION COUNCIL OF ONTARIO (QECO) The QECO program of evaluation for salary purposes
is unique since it is negotiated by teachers and their boards for inclusion in local collective agreements. Teachers are evaluated and given a Statement of Evaluation which is then accepted by their board for salary category placement purposes.
The salaries teachers are paid is a matter which is negotiated between teacher bargaining units and their board.
Application forms are available on the QECO website www.qeco.on.ca
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Category Placement All letters, certificates,
statements and documents (i.e. degrees and diplomas) must be submitted first to QECO for evaluation and subsequent category placement
A teacher must then submit a Category Upgrade form to their school board’s HR Department in order to qualify for an upgraded category placement
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Upgrading Category Placement
Members are reminded that it is their responsibility to keep QECO apprised of any additions to their qualifications.
This must be must be done by formally completing a QECO application.
Members are also reminded to apply regularly for upgrading advice that will assist them toward the most expedient route to reach their next QECO salary category.
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Related Years of Experience Previous years spent working in other career fields
can count towards your related years of experience This can increase the initial step at which you are
considered on the Teacher Salary Scale Duties and responsibilities must connect with
specific curriculum expectations within your established teachables
Uncertified teaching experience cannot be used Consider obtaining certification in an AQ – for
example, the additional Qualification course Cooperative Education, Part 1 connects to many different career fields
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Applying for Related Years of Experience Work experience must be documented and
verifiable (former pay stubs, tax receipts, etc.) Its important to evaluate whether or not your
past career links in terms of curriculum expectations to your teachables before applying
Duties/Responsibilities in your past position need to correspond with curriculum expectations of your currently held teachables (i.e. English, Math, Science, Geography, History, etc.)
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Scenarios Example 1
– A former Airline Attendant working 10 months or more a year full-time for a total of 4 years is able to link her duties/responsibilities with English courses that focus on presentation, communication and report writing skills
– Result: 4 full years of related experience granted
Example 2– A former civil engineer
with 10 years of part-time experience (contracted work) is unable to directly link his engineering duties/responsibilities with Business courses he is qualified to teach
– He enrolls in Cooperative Education, Part 1
– Result: 6 full years of related experience granted
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TEACHER SALARY SCALEEffective September 2009
STEP CAT. A0 CAT. A1 CAT. A2 CAT. A3 CAT.A4
0 $39, 477 $42, 910 $44, 876 $49, 466 $51, 430
1 $42, 105 $45, 766 $47, 853 $52, 936 $55, 210
5 $52, 611 $57, 185 $59, 756 $66, 816 $70, 340
8 $60, 487 $65, 748 $68, 683 $77, 224 $81, 682
10 $65, 740 $71, 457 $74, 632 $84, 161 $89, 247
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Positions of Responsibility
Applications for positions of responsibility (Department Head, Curriculum/Program Leader Student Success teacher, etc.) require approximately 5 years teaching experience and related qualifications (i.e. Honours Specialist)
1 year probationary period A teacher holding a Position of Responsibility
shall not evaluate other teachers
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Annual Allowances, Part 1
POSITION ANNUAL ALLOWANCE
Major Department Head, Programming & Assessment, Resource Teacher
$4, 456.00
Curriculum/Program Leader, Minor Department Head
$2, 228.00
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Annual Allowances, Part 2
Special Education and ESL certification
Annual Allowance(based on the % of time
assigned to such classes)
Part I $677.00
Part 2 $1,017.00
Part 3 $1,323.00
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Teacher Workload Assignment of teaching load, class
size, number of different class preparations, teaching time, supervision duties and other related assignments to be done in a fair and equitable manner.
Core assignment of 6 credit courses/year (3 credit courses/semester) in a 4 period school day
Teachers are entitled to a 40 minute lunch & 40 minute prep time (no matter what changes may be made in the school schedule)
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Benefits Premiums are paid to an Insurance Company so that
members may have access to the following types of benefits:
• Dental care (including restorative & orthodontic)• Semi-private and extended hospital health care• Registered massage, physiotherapy, chiropractic
and naturopathic types of services• Prescription drugs ($10.00 average deductible)• Vision care ( including eye exams)• Orthotics and orthopedic shoes• International Travel Insurance• Life Insurance• Long Term Disability Insurance (LTD)
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Sick Leave A full-time teacher’s sick leave account is credited 20
days, at the beginning of each, based on teaching the full school year
All unused sick leave is accumulated from year to year
If transferring from another school board, the teacher’s unused sick leave credits are transferable
Absences of a teacher for reasons of personal illness or immediate family member’s illness for a period of over 5 consecutive working days must be certified by a qualified medical/dental practitioner
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Urgent Personal Business A teacher may also take time off for urgent personal
business that arises out of:• Moving • Attendance at a family graduation • Attendance at a funeral of a family member or close
friend • Attendance as a participant at a relevant convention or
conference (1 or more days as necessary)• Attendance as a participant in a music or drama festival,
sports finals (provincial, national or international), etc.• Sudden illness or accident
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Leave of Absence with Pay
A teacher may be eligible for a leave of absence with pay and without deductions from sick leave credits for the following reasons:– Illness or death in the immediate family
(5 days)– Quarantine, jury duty, or subpoena to any
court in which the teacher is not charged– Writing of university or similar exams
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Leave of Absence Without Pay
At the discretion of the school board, a teacher may be granted a leave of absence without pay for up to one year at a time
A written application for leave is made through the Superintendent at least 2 months before the commencement of the leave
A teacher returning from leave shall return to the same school/workplace employed earlier
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Deferred Salary Plan Allows you to plan out a paid leave of
absence by spreading your salary over extra semesters or years
You earn a percentage of your salary in order to travel, spend time with family, focus on your education f/t, etc.
Teacher guaranteed same school placement and classroom assignment/workload similar to previous years
Examples of options that might be available to you: Work 2/3 semesters (67% pay for 3
semesters/3rd semester off) Work 4/5 years (80% pay for 5
years/5th year off)
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Sick Leave Gratuity
A school board may pay to each teacher, upon retirement, a gratuity based on the unused portion of a teacher’s sick leave credits accumulated over the years
Based on a maximum of 200 days and the number of years of experience you have with a particular school board, you might be eligible to receive up to 50% of your yearly salary when you retire!
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Maternity/Paternity Leave Statutory pregnancy and
parental leaves are granted in accordance with the Employment Standards Act
If a pregnancy leave is requested, a letter from a physician is required, indicating approx. date of birth
If a parental leave is requested, documentation verifying the date of adoption of date of birth is required
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Pregnancy / Parental Leave Benefits Continuing participation in benefits plan
during a statutory leave (17 weeks) and first extension of leave (35 weeks)
A teacher is guaranteed the same school and position upon their return
School days spent on a statutory pregnancy/parental leave counts as qualified experience (seniority)
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About Your Pension
Contribution Rates
2009
10.4% on first $46,300 (YMPE - Years Maximum Pensionable Earnings)
12.0% thereafter
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General information on Pensions
Defined benefit pension plan Once you retire, your benefits are locked-in Improvements can occur through
negotiations Additional information is available at
www.oecta.on.ca/services/tppchanges08
(“Know Your Pension: A Background for OECTA Members and Guide for Beginning Teachers”)
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Retirement Pensions
Unreduced• 85 factor OR • Age 65
Reduced– Earliest at age 50– Option of deferred vs. immediate pension
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85 Factor The 85 factor is the threshold value you must
reach to avoid a pension reduction through penalty
Calculation:
Age at retirement + Qualifying years = X Factor
i.e. 53 years of age + 32 years of experience = 85
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Final ThoughtsFirst Steps When Beginning
Your Teaching Career:
1. Get to know your teacher contract (collective agreement)
2. Introduce yourself to your local school union representative
3. Attend union-sponsored socials and PD events
4. Consider joining a TSU Committee
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QUESTIONS
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•Obtain your copy of the collective agreement•Contact your local school union representative•Call the Toronto Secondary Unit (TSU) office at (416) 633 - 5502