COLLECTIVE AGREEMENT

Between

DISTRICT SCHOOL BOARD ONTARIO NORTH EAST(hereinafter referred to as "The Employer")

AND

DISTRICT 1, ONTARIO NORTH EAST, OF THE ONTARIO SECONDARY

SCHOOL TEACHERS ' FEDERATION

REPRESENTING - SECONDARY SCHOOL OCCASIONAL TEACHERS(hereinafter referred to as "The Teachers")

for the period

September 1, 2008 to August 31,2012

r!

TABLE OF CONTENTS

(i)Page (s)

ARTICLE 1 Definitions 1

ARTICLE 2 Purpose and Effective Period 1 - 2

ARTICLE 3 Recognition and Scope 2

ARTICLE 4 Rights and Responsibilities 2-3- No Discrimination 2- Statutory Responsibilities 3- Evaluations 3

ARTICLE 5 Management Rights 3

ARTICLE 6 General 3.-.'"

ARTICLE 7 Grievance/Arbitration Procedures 3-4-5-6- Complaint Stage 4- Grievance Procedure-Individual 4

- Step 1 and 2 4- Grievance Procedure-Party 4

- Step 1 4-5- Step2 5

- Grievance Mediation 5- Arbitration 5- Powers of the Board ofArbitration 6- Cost ofArbitration 6

ARTICLE 8 Salary 7-8-9- Occasional Teacher· 7- Occasional Teacher Hourly Pay 7-8- Credit for Elementary and Secondary

Teaching Experience 8- Related Industrial or Trade Experience 8- Business and Professional Experience 8-9- Documentation 9

(ii)Page(s)

ARTICLE 9 Employee Benefits 9 - 10

ARTICLE 10 Calling in Procedures 10- Call-in Procedures 10

ARTICLE 11 Request for Leaves 10-11

ARTICLE 12 Working Conditions 11

ARTICLE 13 Personnel Files-Access to Information 11

ARTICLE 14 Job Vacancies 11-12

ARTICLE 15 Dues 12

ARTICLE 16 Health and Safety 12

ARTICLE 17 Probationary Period 12

ARTICLE 18 Strikes and Lockouts 13

ARTICLE 19 Medical Procedure 13

ARTICLE 20 Leaves 13 -14- Bereavement Leave 13- Court appearances 13- Examination and Graduation 13

ARTICLE 21 Employment 14

ARTICLE 22 Termination of Employments 14

ARTICLE 23 Cancellation 14

ARTICLE 24 Method ofPayment 14

Signature Page 15

APPENDIX A Salary Grids 16 - 17

ARTICLE 1- DEFINITIONS

1.01 BARGAINING UNIT shall be defined as District 1 Ontario North East of theOntario Secondary School Teachers' Federation.

1.02 DAY shall be defined as school day unless otherwise indicated.

1.03 EMPLOYER shall be defined as District School Board Ontario North East.

1.04 GRIEYANCE shall be defined as any matter arising from the interpretation,application, administration, or alleged violation of this Agreement, including anyquestions as to whether a matter is arbitrable.

1.05 OSSTF shall be defined as the Ontario Secondary School Teachers' Federation.

1.06 PARTY shall be defined as either the Bargaining Unit or the Employer.

1.07 PERIOD shall be defined as the block of ti!J1e or time allocation required by theMinistry ofEducation and Training for one credit.

1.08 PREDECESSOR BOARDS shall be defined as Cochrane-Iroquois Falls, BlackRiver-Matheson Board of Education; Hearst Board of Education; Kapuskasing­Smooth Rock Falls and District Board of Education; Kirkland Lake Board ofEducation; Timiskaming Board of Education; and Timmins Board of Education

1.09 OCCASIONAL TEACHER shall mean a teacher employed to replace a Teacher.

1.10 LONG TERM OCCASIONAL TEACHER shall mean a teacher who isemployed as a substitute teacher for a period ofmore than ten (10) consecutiveteaching days.

1.11 TEACHER shallmean a Part X Education Actmember ofOSSTF (Teacher)hiredby District School Board Ontario North East.

ARTICLE 2 - PURPOSE AND EFFECTIVE PERIOD

2.01 It is the intent and purpose of the Parties to this Agreement:

(1) to maintain the existing harmonious relationships between the Employer and theBargaining Unit;

(2) to provide for the prompt and fair disposition of grievances; and(3) to recognize the mutual value ofjoint discussions in all matters referred to in this

collective agreement.

1

2.02 This Agreement shall be in effect from September 1,2008 and shall continue to be inforce up to and including August 31, 2012 and shall continue automatically thereafterfor annual periods ofone year unless either party notifies the other, in writing, withinninety (90) days prior to the expiration date that it desires to negotiate with a view torenewal, with or without modifications of this Agreement, in accordance with theOntario Labour Relations Act.

2.03 Notwithstanding the period ofnotice cited in 2.02, either party may notify the other,in writing within the period commencing April 1 prior to the expiration date that itdesires to negotiate with a view to renewal, with or without modifications of thisAgreement, in accordance with the Ontario Labour Relations Act.

ARTICLE 3 - RECOGNITION AND SCOPE

3.01 The Employer recognizes the Ontario Secondary School Teachers' Federation as thebargaining agent for all Occasional Teachers employed by the Employer in itssecondary schools saves and except those also employed as probationary, permanentor continuing education Teachers pursuant to the Education Act.

3.02 The Employer recognizes the negotiating team ofthe Bargaining Unit as the groupauthorized to negotiate on behalf of OSSTF.

3.03 The Employer recognizes the right of the Bargaining Unit to authorize OSSTF orany other advisor, agent, counsel, solicitor, or duly authorized representative toassist, advise, or represent in all matters pertaining to the negotiation andadministration of this Agreement.

3.04 The Teachers recognize the right ofthe Employer to consult with their professionalmanagement and to obtain other such additional outside assistance as theEmployerconsiders appropriate.

3.05 The Employer further recognizes the rightofOSSTF to represent an Occasionalteacher at anymeetingwhen formal discipline is being administered oratameetingwhere· thereis·a reason~ble possibility ofdisciplinary action being taken.

ARTICLE 4 -RIGHTS AND RESPONSIBILITIES

4.01 No DiscriminationEvery teacher has a right to equal treatment with respect to employment andpromotion without discrimination because ofrace, ancestry, place oforigin, colour,ethnic origin, citizenship, religion, creed, gender, age, sexual orientation, maritalstatus, family status, or disability.

2

4.02 Statutory Responsibilities .The Employer and the Bargaining Unit agree to abide by the Education Act, theEmployment Standard Act, the Ontario Human Rights Code, and any otherprevailing statutes governing education and employment in Ontario, and allregulations thereunder.

4.03 EvaluationsEvaluation" under this section shall mean an assessment ofan Occasional Teacher'swork by a Supervisory Officer of the Employer, or the Principal or Vice-Principalwho is a member of the College of Teachers for the purpose of determining thequality ofjob performance.

4.04 Any criteria established by the Employer for evaluation of Occasional Teachers ormodifications to existing procedures shall be developed in consultation with theBargaining Unit.

4.05 An Occasional teacher, who has successfully completed their probationary period,shall not be disciplined or discharged without just cause and such cause shall becommunicated in writing.

ARTICLE 5 - MANAGEMENT RIGHTS

5.01 The right to manage and conduct the business ofthe Employer in a fair andreasonable manner is vested exclusively with the Employer and its administration.

ARTICLE 6- GENERAL

6.01 All correspondence between the parties arising out ofthis Collective Agreement orincidental thereto, shall pass to andfrom the Director ofEducation or designate andthe President of the Bargaining Unit or designate.

6.02 The Employer shall provide each Occasional Teacher with a copy of the currentCollectiveAgreement.

6.03 The Employer agrees to bear the expense ofprinting the Collective Agreement.

ARTICLE 7 - GRIEVANCE/ARBITRATION PROCEDURES

7.01 The terms set forth in this article shall be subject to any changes in Article VII ofthe Agreement between District School Board Ontario North East and OSSTFPart X Education Act Bargaining Unit.

7.02 An Occasional teacher shall have the right to have present a representative fromOSSTF to assist the member at any stage ofthis grievance and arbitrationprocedure.

3

7.03 Complaint StageAn Occasional teacher, with the concurrence ofthe Bargaining Unit, may initiate acomplaint with the immediate supervisor (the Principal in the case of all Teachers)who shall answer the complaint in writing within five (5) days after receipt of thecomplaint.

7.04 Grievance Procedure - IndividualIn the case ofa grievance by the Bargaining Unit on behalfofone ofits teachers, thefollowing steps shall be taken in sequence where informal attempts to resolve thematter with the Regional Superintendent have failed.

Step 1If the reply of the immediate supervisor of the grievor at the Informal Stage is notacceptable to the Bargaining Unit, the Bargaining Unit shall initiate a writtengrievance within twenty (20) days to the Director of Education or designate, whoshall answer the grievance in writing within five (5) days after receipt of thegnevance.

7.05 The

•

grievance shall contain:

a description ofhow the alleged dispute is in violation ofthe agreement;and

the clauses in the agreement alleged to be violated; and

the reliefsought; and

the signature ofthe duly authorized official ofthe Bargaining Unit.

7.06 Step 2If the reply of the Director of Education or designate is unacceptable to theBargaining Unit, it shall then apply for arbitration within twenty (20) days of thereceipt of the reply.

7.07 Grievance Procedure - PartyInthecase ofall other grievances by a party (including thoseonbehalfofa group ofteachers, all the. teachers, an individual teacher,. a retired teacher, or a deceasedteacher), the party making the grievance shalltake the following steps in sequencetoresolve the matter.

7.08 Step 1The Bargaining Unit shall make a written grievance to the Director ofEducation or adesignate, or the Secretary of the Board, as the case may be, who shall answer thegrievance in writing within ten (10) days after receipt of the grievance.

7.09 The grievance shall contain:

a description ofhow the alleged dispute is in violation of the Agreement;and

4

the clauses in the Agreement alleged to be violated; and

the relief sought; and

the signature ofthe duly authorized official of the party making thegrievance.

7.10 Step 2If the reply of the Director of Education or designate is not acceptable to the partymaking the grievance, that party shall then apply for arbitration within twenty (20)days ofthe receipt ofthe reply.

7.11 Grievance Mediation(1) At any stage in the grievance procedure, the parties, by mutual consent, in

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

(2) The time lines outlined in the grievance procedure shall be frozen at the timethe Parties mutually agreed in writing to use the grievance mediationprocedure.

(3) Upon written notification ofeither party to the other party indicating that thegrievance mediation is terminated the time lines in the grievance procedureshall continue from the point at which they were frozen.

7.12 ArbitrationThe Party desiring arbitration shall notify the other Party in writing of its desire tosubmit the difference or allegation to arbitration and the notice shall contain thename of the first Party's appointee to an Arbitration Board. The recipient of thenotice shall, within ten (lO)da.ys, informthe otherParty eitherthat it accepts theotherParty'sappointeeas a singleArbitratoror informthe other Patty{)fthe n£UJleofits appointee tothe Arbitrator Board.•.. Wheretwo(2}appointees areso se1ected,thtyshall,.within ten (10) days ofthe appointrn.entofthesecondofthem,.appointathirdperson who shall be the Chairperson. lfthe recipient ofthe notice fails to appoint anArbitrator or if the two (2) appointees fail to agree upon a Chairperson within ten(10) days, the appointment shall be made by the Minister or Labour upon the requestofeither Party.

5

7.13 Powers of the Board of ArbitrationAn Arbitrator or Arbitration Board shall have the power to amend the grievance,relieve against time lines, modify penalties, including discharge and disciplinarypenalties, and take whatever action, or make whatever decision the Arbitrator orArbitration Board considers just an equitable in the circumstances.

7.14 Notwithstanding 7.13 the Arbitrator or Arbitration Board shall not be authorizedto make any decision inconsistent with any Act or Regulation thereunder or theprovisions of this Agreement, or to alter, modify, or amend any part of thisAgreement.

7.15 There shall be no reprisals of any kind taken against any person(s) because ofparticipation in the grievance or arbitration procedure under this Agreement.

7.16 Should the investigation or processing or hearing of a grievance require that thegrievor(s) or Bargaining Unit representative(s) or witnesses be released from hislherregular duties, he/she shall be released without reduction in salary, allowances,benefits, increment, experience, or cumulative sick leave credits.

7.17 Time restrictions may be extended ifmutually agreed in writing. Failure ofone partyto comply with the time limits or any agreed upon extension ofone party to complywith the agreed upon extension shall result in the grievance proceeding to the nextstep.

7.18 Cost of ArbitrationThe parties shall share the fees for a single Arbitrator, or a Chairperson ofa Board ofArbitration, equally.

7.19 Grievances initiated and being processed under previous collective agreementsbetween the parties shall be dealt with under the grievance and arbitration procedureset out in the agreement under which th~ grievance was initiated.

7.20 The time limits stipulatedin 7.03 (1 ) for initiating a grievance shall not apply to agrievance. involving remuneration during the current school year or the previousschool year. Such grievance may be initiated at any time prior to September 1following the current school year.

7.21 No person may be appointed as an Arbitrator or member ofan Arbitration Board whohas been involved in an attempt to negotiate or settle the grievance.

7.22 Nothing in this procedure shall be deemed to preclude the individual's right to seekredress in law.

6

ARTICLE 8 - SALARY

8.01 Effective September 1,2008 the Board shall pay rates ofremuneration in accordancewith the following:

(a) Occasional Teacher:(1) A teacher, employed as an Occasional Teacher, qualified to teach in

the secondary schools in Ontario according to the Ontario Statutes,shall be paid the minimum salary of Category 1, Year 0, of theDistrict School Board Ontario North East Secondary Teachers' grid(Appendix A) in effect divided by 1000 times 1.568 for a period totime of 75minutes ± 5 minutes.

ExamplePeriod 75 minutes ± 5 minutes42,502.53 X 1.568 = $66.64 per period1,000

(includes statutory holidaypay)

(2) A teacher, employed as an Occasional Teacher, not qualifiedto teach in the secondary schools in Ontario according to theOntario Statutes, shall be paid 75% of the rate as established inArticle 8.01 (a) (1) (includes statutory holiday pay)

Example$66.64 X 75% = $49.98 (includes statutory holiday pay)

(3) A scheduled period of instruction less than 75 minutes shall bepro rated.

Example60 minute period

60 X $66.61 == $5J.31(includesstatutory holiday pay)75

8.02 Occasional Teacher Hourly RateHourly rates shall apply to all teaching assignments that are ordinarilypaid by the hour such as: Home Instruction, Curriculum Writing Teams, etc.

(1) A teacher, employed as an Occasional Teacher on an hourlybasis qualified to teach in a secondary school in Ontario accordingto the Ontario Statutes shall be paid an hourly rate of 1/1000 of theminimum salary of Category 1, Year 0, of the District SchoolBoard Ontario North East - OSSTF teachers' grid plus 4%vacation pay (includes statutory holiday pay).

7

(2) A teacher, employed as an Occasional Teacher on an hourlybasis not qualified to teach in a secondary school in Ontarioaccording to the Ontario Statutes shall be paid for each hour ofemployment at the rate of75% of the rate established in Article8.02 (1), plus 4% vacation pay (includes statutory holiday pay).

8.03 The annual increment structure is set out in 6.01, Salary Schedule and Allowance, ofthe DSBONE secondary school teachers collective agreement. The effective date forall increment changes shall be the first day of September in each year.

Credit for Elementary and Secondary Teaching Experience

8.04 Credit shall be given for all full-time and part-time teaching experience in elementaryand secondary schools in Canada.

8.05 Experience on contract less than a complete year shall be pro-rated as a decimal ofayear, correct to one decimal place, computed as: Number of school days ofexperience divided by number ofschool days in school year, accumulated at the endof each school year.

8.06 When accumulated experience equals or exceeds 0.6, placement on the salaryschedule shall be at the next year of experience the following September.

8.07 When accumulated experience is less than 0.6, placement on the salary schedule shallbe at the grid position for the full number of years of experience plus the decimalequivalent ofexperience times the grid interval. For example, 4.2 years shall be gridsalary for 4 years plus 0.2 x (grid interval between 4 years and 5 years in theappropriate category).

8.08 Part-time teaching experience will be pro-rated as a decimal of full-time teaching.

8.09 When in thejudgement of the Director or designate, other teachingexperience asdeellled .. valid equivalent ofteaching experience in Secondary and!or Elementaryschoolsin 0Iltario,. theallpwanceshallbe. set ina;ccordance withthe grids set

. forth in 6.01 and the Bargaining UnitshalLbenotified.

Related Industrial or Trade Experience

8.10 Related Industrial or Trade Experience above the requirements for entrance to anOntario Faculty of College of Education shall be paid as per grid to a maximum ofseven (7) years. Six (6) months or more experience will count as a full year with theseven (7) year maximum without retroactivity of payment.

Business and Professional Experience8.11 Business and Professional Experience either acquired after graduation from a

8

university or other acceptable post-secondary school ofleaming, or acquired aboverequirements for entrance to an Ontario Faculty ofEducation shall be as per grid to amaximum ofseven (7) years. Six (6) months or more experience will count as a year(1) within the seven (7) years maximum without retroactivity ofpayments.

Documentation8.12 The onus shall be on a newly hired Teacher to produce verification of the types of

experience set forth in sections 8.10, and 8.11 within four (4) months of theeffective date ofhiring.

8.13 At the point of hiring, the Employer shall inform each newly hired Teacher of thenecessity ofproducing the verification set forth in8.12.

8.14 The increments to be gained shall not exceed the grid maximum set forth in 6.01 ofthe Agreement between District School Board Ontario North East and OSSTF Part XEducation Act Bargaining Unit.

8.15 The Occasional Teacher who is on a long term contract will be entitled to his/hersalary for Professional Activity Days and Examination Days which occur during theterm of the contract.

8.16 Long Term Occasional Teachers shall be placed on the Secondary Teachers salarygrid in accordance with the recognized teaching experience and category placementeffective on the eleventh (11 thy consecutive day ofteaching retroactive to the first daythat the assignment began. The Teacher shall continue to be paid at this rate until theexpiration ofthe assignment. This rate ofpay is deemed to include any vacationpayentitlement.

8.17 After three (3) months in a long term occasional teaching assignment, an occasionalteacher shall be paid in accordance with Article 7.01, Method of Payment, of theDSBONE secondary school teachers collective agreement.

8.18 A short-term occasional teachermay attendaProfessionalActivity Dayor anyotherin-service program ona voluntary basis without pay and with the approval ofthePrincipalproviding space is available.

ARTICLE 9- EMPLOYEE BENEFITS

9.01 The Occasional Teacher who is on a long term contract for a period ofnot less thantwenty days (20) will be entitled to sick leave of two days after each period oftwenty (20) days.

9.02 This sick leave is non-cumulative and terminated at the end ofthe long term contract.

9.03 A full time Long Term Occasional Teacher who has a teaching assignment thatexceeds three (3) months shall receive $5.49 per day in lieu of Vision Care,

9

Dental and Extended Health. Part-time teachers shall have this. amount pro-rated inaccordance with their FTE. It is understood payment will begin on the 61 st day ofthe teaching assignment, retroactive to the first day of the assignment.

ARTICLE 10 - CALLING IN PROCEDURES

10.01 An Occasional Teacher may be a member of more than one Teachers' bargainingunit.

10.02 Call-in Procedures.Occasional Teacher will be called for assignments according to the following criteria:

a) FIRST: The Occasional Teacher who has an Ontario Teacher's Certificate withspecific qualifications in areas required and is a member in goodstanding of the College ofTeachers;

b) SECOND: The Occasional Teacher who has an Ontario Teacher's Certificateand is a member in good standing of the College of Teachers;

Notwithstanding b), a person who holds journeyman qualifications in one of therelated technological areas, may be hired for an occasional position in the area inwhich the person holds the journeyman qualifications.

c) THIRD: The Occasional Teacher who is not qualified and/or is not a memberin good standing of the College of Teachers.

10.03 In order to improve daily instruction as provided by an Occasional Teacher,. theBoard will request its regular teachers, through the principal, to provide thefollowing information for the Occasional Teacher:

a) Current class list for each class assigned;b) Current seating plan for each class assigned;c) Details ofthe work assigmnentforeach class;d) Details of any special eventsplannedJor that school day.

ARTICLE 11- REQUEST FOR LEAVE

11.01 A Long Term Occasional Teacher may apply to the appropriate RegionalSuperintendent for Leave without pay. Granting ofsuch Leave, as well as terms andconditions of such leave are at the discretion of the appropriate RegionalSuperintendent.

11.02 A Long Term Occasional Teacher may apply to the appropriate RegionalSuperintendent for Leave with pay to attenda funeral or to attend a person suffering

10

a serious illness. Granting ofsuch leave, as well as the terms and conditions ofsuchleave are at the discretion of the appropriate Regional Superintendent.

ARTICLE 12 - WORKING CONDITIONS

12.01 The timetable for an Occasional Teacher(s) shall be the same as the timetable oftheteacher(s) who is being replaced, but may be altered by mutual consent of thePrincipal and the Occasional Teacher.

12.02 Occasional teachers (short term) shall assume the supervisory duties ofthe teacher(s)they are replacing.

12.03 Occasional teachers (short term) shall not be assigned any supervisory duties onDays that they are assigned four (4) periods.

ARTICLE 13 ~ PERSONNEL FILES-ACCESS TO INFORMATION

13.01 An Occasional Teacher shall have access to his/her personnel file maintained by theDirector of Education or designate at the Board Office.

13.02 In the presence of the Director of Education or designate, the Occasional Teachershall date and initial each document in the file and shall have the right to makephotocopies of any material contained therein. Initialing the document does notindicate agreement with the contents, but simply indicates that the document hasbeen read.

13.03 Where an Occasional teacher disputes the accuracy Of completeness of any suchinformation, other than the evaluation report, the Occasional Teacher shall do so inwriting.

13.04 This information shall be addedto the Occasional Teacher's file.

13.05 AnOccasionalTeac.her sha11havethe righttorequestthatanyletterofdisciplineberellloved from his/herfilefive ye(irsfrom the date of anysuch.letter: .

13.06 Upon written request semi annually to appropriate Superintendent of Schools ordesignate, the president .of the Occasional Teachers'·· Branch, president of theBargaining Unit or designate shall have access to the file containing a list ofOccasional Teachers, showing theirnames, addresses, and membership in the Collegeof Teachers.

ARTICLE 14 - JOB VACANCIES

14.01 The Employer shall provide bulletin boards for the use ofthe Federation atappropriate locations upon which the Bargaining Unit shall have the right to postnotices relating to matters of interest to the Federation and the Teachers.

11

14.02 Ajob posting for a long term occasional position shall be required for any period ofeleven (11) days or more.

14.03 All such positions shall be advertised at the designated area in each school andcampus of the Employer. External advertising may run concurrently with internaladvertising~

14.04 The Bargaining Unit President or designate shall be notified of all postings,appointments, and terminations of employment.

ARTICLE 15 - DUES

15.01 OSSTF shall indemnify and hold the Employer harmless from any claims, suits,attachments, and any form of liability as a result of such deductions authorized byOSSTF.

15.02 On each pay date on which an Occasional Teacher is paid, the Employer shall deductfrom each Teacher, the OSSTF dues. The amounts shall be determined by OSSTF inaccordance with its constitution and forwarded in writing to the Employer at leastthirty (30) days prior to the expected date of change.

15.03 The OSSTF dues deducted in 15.02 shall be remitted to the Treasurer ofOSSTF at60 Mobile Drive, Toronto, Ontario M4A 2P3 no later than the fifteenth ofthe monthfollowing the date on which the deductions were made. Such remittance shall beaccompanied by a list identifying the Teachers, their Social Insurance Numbers,salary for the period,and the amounts deducted.

ARTICLE 16 - HEALTH AND SAFETY

16.01 The Employer shall recognize its obligations to provide a safe and healthfulenvironment for. emplo¥ees .andtocalT)'<o~talldutiesand obligations under. theOccupational Health and SafetyActand its accompanying Reglliationsasminimumacceptable.stalldards.

16.02 The Employer agrees to develop explicit policies and procedures to deal withviolence. The policy shall address the prevention of violence, the management ofviolent situations, and support the Occasional Teacher who has faced violence.

ARTICLE 17 - PROBATIONARY PERIOD

17.01 There shall be a probationary period of forty-five (45) days worked. During thisprobationary period, the Board may terminate the assignment for reasonssatisfactory to the Board.

12

ARTICLE 18 -STRIKES AND LOCKOUTS

18.01 There shall be no strike or lock-out during the term of this Agreement. The terms"strike and lock-out" shall be as defined in the Ontario Labour Relations Act.

18.02 No change can be made to this Agreement without the mutual written consent oftheparties; nor can any changes be made to this Agreement without submitting thechanges for ratification by the parties, as determined by their respective bargainingprocedures.

ARTICLE 19 - MEDICAL PROCEDURE

19.01 No Occasional Teacher shall be required to do any medical or physical procedure forpupils that might in any way endanger the safety or well-being ofthe pupil or subjectthe Occasional Teacher to risk of injury or liability for negligence.

ARTICLE 20 - LEAVES

20.01 Bereavement LeaveBereavement leave of up to three (3) days shall be granted without loss of payor deduction from sick leave to a Long Term Occasional Teacher in the event ofthe death of a spouse, parent, child, guardian, brother, sister, mother-in-law,father-in-law, or grandparent.

i

I20.02 Court Appearances

A Long Term Occasional Teacher who is absent by reason ofa summons to serve asa juror or a witness in any court to which the Occasional Teacher has beensummoned in any proceedings to which the Long Term Occasional Teacher is not aparty to or one of the persons charged, shall be paid the applicable earnings under8.16 until the end of the assignment, provided that· the Long Term OccasionalTeacher pays to the Board any fees,. exclusiveoftraveling allowances and livingexpenses, received as. a juror. .

20.03 Examination and GraduationA Long Term OccasionaLTeacher who has received the prior approval of theSuperintendent of Schools or designate, may be absent from duty during the longterm assignment without loss of payor deduction from sick leave credit, not toexceed two (2) days, as follows:

(1) for the purpose ofwriting an examination; the halfday period duringwhich the examination occurs will be granted.

(2) for the purpose ofattending the Occasional Teacher's graduation; thehalf day period during which the graduation occurs will be granted.

13

ARTICLE 21 - EMPLOYMENT

21.01

21.02

21.03

21.04

21.05

To be eligible for inclusion on the Qualified Occasional Teacher list, an OccasionalTeacher must be a member in good standing ofthe Ontario College of Teachers.

An Occasional Teacher's name shall remain on the Occasional Teacher list unlesshe/she is terminated, resigns, or is no longer available for assignment. If a teacherhas not been available for sixty (60) days, the Occasional Teacher will be removedfrom the list and OSSTF notified. This can be precluded by arranging a leave ofabsence with the Superintendent. Such leave shall not be denied without cause.

The Employer agrees to notify the Bargaining Unit in writing of each hiring andtermination of an Occasional Teacher and to provide the Bargaining Unit uponrequest, but no more than three (3) times a year, with a list showing the name,address and phone number of each Occasional Teacher in the Bargaining Unit.

Occasional Teachers shall notify the Employer, in writing, ofany changes ofaddressand/or telephone number required by the Employerto contact the Occasional Teacherregarding teaching assignments.

In June of each year, Occasional Teachers will signify to the appropriate Principalor Superintendent whether they are available for supply teaching in the followingyear.

ARTICLE 22 - TERMINATION OF EMPLOYMENTS

22.01 Nothing herein prevents an Occasional Teacher and the Employer from mutuallyagreeing to the Occasional Teacher's resignation at any time.

ARTICLE 23 - CANCELLATION

23.01 An Occasional Teacher shall be entitled to one-half day's pay in the event theOccasional Teacher's services are not required on a day that the .OccasionalTeacher was instructed to report if no cancellation of the assignment was madeprior to nine o'clock p.m. (9:00p.m.)the precedingday. IUs understoodthatthisclause shall not apply in the instances ofbus cancellation or school closure.

ARTICLE 24- METHOD OF PAYMENT

24.01 Occasional Teachers shall be paid every two weeks, upon submission of theTeacher's timesheet. The deposit advice will indicate among other statutoryrequirements the amount being paid for wages and the amount being paid forvacation pay entitlement. After three (3) months in a long term occasional teachingassignment, an occasional teacher shall be paid in accordance with Article 7.01 oftheDSBONE secondary school teachers collective agreement.

14

Dated in Timmins Ontario this ---'--,_S'I' day of Apr' , 2009

SIGNED ON BEHALF OF:

District 1, Ontario North East,Of the Ontario Secondary SchoolTeachers ' FederationRepresenting Secondary SchoolOccasional Teachers

District School Board Ontario

C:rt.hEasd~~ /WIJ

APPENDIX "A"

The following is clause 6.01 of the 2004-2008 Agreement between District School BoardOntario North East and OSSTF Bargaining Unit of District 1, Ontario North East.

6.01 The minimum salary for each category and the increments for years ofteaching experience,shall be set out in the following salary grid:

Effective September 1, 2008 3% Increase per Sept 1/08-Aug 31/12 Agreement; ratified January 2009

Step 1 Bi-Wklv 2 Bi-Wkly 3 Bi-Wkly 4 Bi-Wkly

0 -42,502.53 1,634.7127 44,050.11 1,694.2351 47,887.72 1,841.8353 50,485.05 1,941.7326

1 44,895.81 1,726.7620 46,644.98 1,794.0378 50,979.19 1,960.7381 53,792.86 2,068.9562

2 47,290.32 1,818.8585 49,237.39 1,893.7460 54,069043 2,079.5936 57,105.59 2,196.3690

3 49,681.14 1,910.8131 51,832.27 1,993.5487 57,167.05 2,198.7328 60,413.41 2,323.5926

4 52,071.96 2,002.7678 54,424.68 2,093.2568 60,263.44 2,317.8248 63,721.22 2,450.8163

5 54,471.39 2,095.0534 57,017.09 2,192.9650 63,353.69 2,436.6803 67,035.18 2,578.2763

6 56,859.75 2,186.9135 59,607.04 2,292.5786 66,452.54 2,555.8668 70,343.00 2,705.4999

7 59,256.72 2,279.1045 62,205.60 2,392.5232 69,546.47 2,674.8642 73,654.50 2,832.8654

8 61,648.77 2,371.1065 64,794.33 2,492.0895 72,637.94 2,793.7670 76,963.55 2,960.1363

9 64,039.59 2,463.0611 67,386.74 2,591.7977 75,736.79 2,912.9534 80,271.36 3,087.3600

10 66,431.64 2,555.0631 69,984.07 2,691.6949 78,828.26 3,031.8563 83,581.63 3,214.6782

11 69,727.16 2,681.8139 72,628.11 2,793.3887 81,920.97 3,150;8063 86,893.14 3,342.0437

Effective September 1,2009 3%Increo:~eper>$ept1/08..tlug-31/12 tlgreemi!nt;rQ,tifiedJanuary2009

Step 1 Bi,..Wkly 2 Bi-Wkly 3 Bi-Wkly 4 Bi-Wkly,

0 43,777.61 1,683.7541 45,371.62 1,745.0621 49,324.35 1,897.0904 51,999.60 1,999.9846 :

1 46,242.69 1,778.5648 48,044.33 1,847.8589 52,508.57 2,019.5603 55,406.65 2,131.0249

2 48,709.03 i,873.4242 50,714.52 1,950.5583 55,691.52 2,141.9815 58,818.76 2,262.2600

3 51,171.58 1,968.1375 53,387.23 2,053.3551 58,882.07 2,264.6948 62,225.81 2,393.3004

4 53,634.12 2,062.8508 56,057.42 2,156.0545 62,071.35 2,387.3595 65,632.86 2,524.3408

5 56,105.53 2,157.9050 58,727.60 2,258.7539 65,254.30 2,509.7807 69,046.24 2,655.6246

6 58,565.54 2,252.5209 61,395.26 2,361.3560 .-- 68,446.11 2,632.5428 72,453.29 2,786.6649

7 61,034.42 2,347.4777 64,071.77 2,464.2989 71,632.86 2,755.1101 75,864.14 2,917.8514

8 63,498.23 2,442.2397 66,738.16 2,566.8522 74,817.08 2,877.5800 79,272.45 3,048.9404

9 65,960.78 2,536.9530 69,408.34 2,669.5516 78,008.89 3,000.3420 82,679.50 3,179.9808

10 68,424.59 2,631.7150 72,083.59 2,772.4458 81,193.11 3,122.8119 86,089.08 3,311.1185

11 71,818.98 2,762.2684 74,806.95 2,877.1904 84,378.59 3,245.3305 89,499.93 3,442.3050

16 "

".

Effective SeptemberJ, 2010 3%lncreaseper Sept 110S-Aug 31112 Agreement; ratified January 2009

Step 1 Bi-Wkly 2 Bi-Wkly 3 Bi-Wkly 4 Bi-Wkly

0 45,090.94 1,734.2668 46,732.76 1,797.4140 50,804.08 1,954.0031 53,559.59 2,059.9841

1 47,629.97 1,831.9218 49,485.66 1,903.2947 54,083.82 2,080.1471 57,068.85 2,194.9557

2 50,170.30 1,929.6269 52,235.95 2,009.0751 57,362.26 2,206.2409 60,583.32 2,330.1278

3 52,706.72 2,027.1816 54,988.85 2,114.9558 60,648.53 2,332.6357 64,092.58 2,465.0994

4 55,243.14 2,124.7363 57,739.14 2,220.7362 63,933.49 2,458.9803 67,601.85 2,600.0710

5 57,788.70 2,222.6421 60,489.43 2,326.5166 67,211.93 2,585.0741 71,117.63 2,735.2933

6 60,322.51 2,320.0965 63,237.11 2,432.1966 70,499.50 2,711.5191 74,626.89 2,870.2649

7 62,865.45 2,417.9020 65,993.92 2,538.2278 73,781.85 2,837.7634 78,140.06 3,005.3869

8 65,403.18 2,515.5069 68,740.30 2,643.8577 77,061.59 2,963.9074 81,650.62 3,140.4087

9 67,939.60 2,613.0616 71,490.59 2,749.6381 80,349.16 3,090.3523 85,159.89 3,275.3802

10 70,477.33 2,710.6664 74,246.10 2,855.6192 83,628.90 3,216.4963 88,671.75 3,410.4521

11 73,973.55 2,845.1364 77,051.16 2,963.5061 86,909.95 3,342.6905 92,184.93 3,545.5741

EffectiveSeptember 1,2011 3%lncrease per Sept lIOS-Aug 31112 Agreement; ratified January 2009

Step 1 Bi-Wkly 2 Bi-Wkly 3 Bi-Wkly 4 Bi-Wkly

0 46,443.66 1,786.2948 48,134.75 1,851.3364 52,328.20 2,012.6232 55,166.37 2,121.7836

1 49,058.86 1,886.8794 50,970.23 1,960.3935 55,706.34 2,142.5515 58,780.91 2,260.8043

2 51,675.41 1,987.5157 53,803.03 2,069.3473 59,083.13 2,272.4281 62,400.82 2,400.0317

3 54,287.92 2,087.9971 56,638.52 2,178.4045 62,467.98 2,402.6148 66,015.36 2,539.0524

4 56,900.44 2,188.4784 59,471.31 2,287.3583 65,851.49 2,532.7497 69,629.90 2,678.0731

59,522.36 2,289.3214 62,304.11 2,396.3121 69,228.29 2,662.6264 73,251.16 2,817.3521;

5

6 62,132.18 2,389.6994 65,134.23 2,505.1625 72,614.48 2,792.8646 76,865;69 2,956.3728 :

7 64,751.42 2,490.4391 67,973.74 2,614.3747' ,75,995.30 2,922.8963 80,484.26 3;095.5485

8 67,365.27 2,590.9721 70,802.51 2,723.1735 79,373.44 3,052.8246 84,100.14 3,234.6209

9 69,977.79 . 2,691.4534 73,635.31 2,832.1273 82,759.63 3,183.0629 87,714.68 3,373.6416

10 72,591.65 2,791.9864 76,473.48 2,941.2877 86,137.77 3,312.9912 91,331.91 3,512.7657

11 76,192.75 2,930.4905 79,362.69 3,052.4113 89,517.25 3,442.9712 94,950.48 3,651.9414

17

DISTRICT SCHOOL BOARD ONTARIO NORTH EAST

o Schumacher Board OfficeMailing Address: Box 1020Timmins, ON P4N 7H7Street Address: 153 Croatia AvenueSchumacher, ON PON 1GOTel.: (705) 360-1151Fax: (705) 268-7100

January 20, 2009

Margot TrevelyanDirector -Labour Relations and Governance BranchMowat Block, 15th floor900 BayS~

Toronto,<ONM7A 1L2

EMAILED:margoUrevelyan@ontario.ca

o New Liskeard Board OfficeMailing Address: R. R. #1New Liskeard, ON POJ 1POStreet Address: 198022 River RoadNew Liskeard, ON POJ 1POTel.: (705) 647-7394Fax: (705) 647-9212

Dear Ms Trevelyan:

Attached please find the Memorandum of Settlement for OSSTF District 1 OccasionalTeachers and District School Board Ontario North East.

We believe both parties are compliaritwith the PDT and are looking for Ministry Confirmationof such.

If you have any questions for concerns, please contact the undersigned.

Thank you.

Yours truly, .

V!;~}1/4LINDA KNIGHT .~DIRECTOR OF EDUCATION

Dennis HowardOSSTF Occasional Teachers

Memorandum of Agreement

Between:

District School Board Ontario North EastHereinafter referred to as "the Employer"

And

Ontario Secondary School Teachers' FederationDistrict 1, Ontario North East Occasional Teachers

Hereinafter referred to as "tne Bargaining Unit"

"This memorandum of agreement is conditional upon:

a) Ratification by the bargaining unit and by the Board no later than January 30,2009, and

b) Confirmation from the Minister of Education that the collective agreement iscompliant with the PDT Agreement (as Outlined In Memorandum BIO fromNancy Naylor and Dominic Giroux dated August 18,2008 Part Cl (6)).

1. The parties herein agree to the terms of this memorandum as constituting afull settlementofallmatters:in dispute save·and·except'errors and.omissious:

2. TheunQYfsign.e4.h~ryit:l. agr~ethatthe ..termofthe'.cplleGtiye.·agreerr1ent·shall·be from September 1,2008 to August 31, 2012. . . .

3. The undersigned representatives of the parties do hereby agree to recommendcomplete acceptance ofall the terms of this memorandum to their respectiveprincipals. .

4. TheundersignedrepresentativesoftheParties '.do4ereby.agr~ethat there willbe no. lockout orstrike· from the date ofratificationbylJOth parties of thisagreement to August31, 2012.

5. Thyretro-active p~y resultingfromJhi,s;C:lgr(;(~mel)t.,1Yilli'Reissu~d byJl1e firstpay in April 2009. ..

6. The parties herein agree that the said collective agreement shall include theterms of the previous collective agreement which expired on August 31,2008,provided; however, that the following amendments are incorporated:

1. See Attached.

ARTICLE 4 -RIGHTS AND RESPONSIBILITIES

4.01 No DiscriminationEvery teacher has a right to equal treatment with respect to employment andpromotion without discrimination because of race, ancestry, place oforigin,colour, ethnic origin, citizenship, religion, creed, gender, age, sexual orientation,marital status, family status, or handicap disability.

ARTICLE 8 - SALARY

8.01 The Board shall pay rates of remuneration in accordance with thefollowing:

(a) Occasional Teacher:(1) A teacher, employed as an Occasional Teacher, qualified to

teach in the secondary schools in Ontario according to theOntario Statutes, shall be paid the minimum salary ofCategory 1, Year 0, of the District School Board OntarioNorth East Secondary Teachers' grid (Appendix A) ineffect divided by 1000 times 1.568 for a period to time of75 minutes ± 5 minutes.

ExamplePeriod 75 rninutes ± 5 minutes41,264.59 X 1,568= $64.70 per period (includes statutory1,QOOholiday pay)

(2) A teacher, employed as an Occasional Teacher, notqualified to teach in the secondary schools in Ontarioaccording to the Ontario Statutes, shall be paid 75% oftherateasestablisheq in Article 8.01 (a)(l) (includesstatutory holiday pay)

Example$64.70 X 75% = $48.53 (includes statutory holiday pay)

.. (3) A scheduled period ofinstructionless tha.n75minutesshall be pro rated.

Example60 minute period

60 X 64.70 = $51.76 (includes statutory holiday pay)75

8.02 Occasional Teacher Hourly Rate

ARTICLE 12 - EMPLOYEE BENEFITS

8.03 The annual increment structure is set out in 8.01, Salary Schedule andAllowance, of the DSBONE secondary school teachers' collectiveagreement. The effective date for all increment changes shall be the firstday of September in each year.

12;()1

Hourly rates shall apply to all teaching assignments that are ordinarilypaid by the hour such as: Home Instruction, Curriculum Writing Teams,etc.

(1) A teacher, employed as an Occasional Teacher on anhourly basis qualified to teach in a secondary school inOntario according to the Ontario Statutes shall be paid anhourly rate of 1/1 000 of the minimum salary of Category 1,Year 0, of the District School Board Ontario North East­OSSTF teachers' grid plus 4% vacation pay (includesstatutory holiday pay).

(2) A teacher, employed as an Occasional Teacher on anhourly basis not qualified to teach in a secondary school inOntario according to the Ontario Statutes shall be paid foreach hour of employment at the rate of75% of the rateestablished in Article 8.02 (1), plus 4% vacation pay(includes statutory holiday pay).

....A.JulltilTIe.Lol1g}efl11Qfcasi()parTeacher."Yh9.,1l~ls~teachingassigtl1Il~ntthat exceeds three (3) months shall receive $5.49 per day in lieu oiVision··.Care, Dental and Extended Health benefits. Part-time teachersshaU have.this amount pro-rated in accordance with their FTE. It is understood thatpayment will begin on the sixty-first (61st) day of the teachingassignment, retroactive to the first day ofthe assignment.

ARTICLE 22- CANCELLATION

22.01 An Occasional Teacher shall be entitled to one-half day's pay in the eventth~Occasional Teacher's services are not required on a day that the.

~ ,.: '~:<.::,•." ' ,,;" -• ., ~;;;:'. , . '." _~,-,.~ ~.),i,i~./:',.~,L;·,:,V~:~f::.}:?'{~,:;~~it. :':'>';:',:' '.' ::'" "r' ,:.\'~

Occasional Teacher was mstructed to report If no cancellatIOn of theassignment was made prior to nine o'clock p.m. (9:00 p.m.) the precedingday. It is understood that this clause shall not apply in the instances ofbus cancellation or school closure.

Letter of Understanding

Between

District School Board Ontario North East

And

Ontario Secondary School Teachers' FederationDistrict 1 Occasional Teachers Bargaining Unit

The Parties will locally include the following statement in a non-grievable local Memorandum ofSettlement: "The District School Board Ontario North East and the Ontario Secondary SchoolTeachers' Federation District 1 Occasional Teachers Bargaining Unit are committed to improvestudent achievement, reduce gaps in student outcomes and increase confidence in publiclyfunded education",

Signed on the 20th

On behalf of the Un~

J:lJwA£.

day of January, 2009