COLLECTIVE AGREEMENT

Between

SUPERIOR NORTH CATHOLIC DISTRICT SCHOOL BOARD

and

ONTARIO ENGLISH CATHOLIC TEACHERS’ ASSOCIATION

Effective September 1, 2012 To

August 31, 2014

Attached is a copy of the 2012-2014 Superior North regular teacher collective agreement which has

been filed by the Association in accordance with Section 90 of the Ontario Labour Relations Act. These

documents form and are part of the 2012-2014 collective agreement.

Table of Contents

The terms of 2012-2014 collective agreement including the locally negotiated changes to the

2008-2012 collective agreement applicable to the regular teacher bargaining unit

The Education Minister’s letter of January 3, 2013

The July 5, 2012 OECTA Memorandum of Understanding

The May 17, 2013 OECTA Memorandum of Understanding Update including all clarifications

The Sick Leave election by the Superior North bargaining unit

The Deputy Minister’s letter to Marshall Jarvis dated October 1, 2013

and,

without limiting the foregoing the 2010 Benefit Enhancements are provided for ease of reference

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TABLE OF CONTENTS

PREAMBLE ..................................................................................................................... 1

DEFINITIONS/INTERPRETATIONS – IN THIS AGREEMENT ....................................... 2

Article 1 - RECOGNITION ............................................................................................... 3

Article 2 - JUST CAUSE .................................................................................................. 4

Article 3 - DURATION ..................................................................................................... 4

COMPENSATION ........................................................................................................... 5

Article 4 - PLACEMENT ON GRID .................................................................................. 5

Article 5 - APPLICATION OF SALARY SCHEDULE ....................................................... 6

Article 6 - SALARY GRID ................................................................................................ 9

Article 7 - CONSULTANTS/COORDINATORS/SPECIAL ASSIGNMENT TEACHERS 10

Article 8 - RETIREMENT GRATUITY ............................................................................ 10

WORKING CONDITIONS ............................................................................................. 11

Article 9 - PERSONNEL FILES ..................................................................................... 11

Article 10 - CLASS SIZE ............................................................................................... 12

Article 11 - TRANSFERS .............................................................................................. 12

Article 12 - SENIORITY ................................................................................................. 14

REDUNDANCY/SURPLUS ........................................................................................... 16

Article 13 - CUMULATIVE SICK LEAVE PLAN ............................................................. 21

Article 14 - E. I. REBATE .............................................................................................. 21

Article 15 - LUNCHROOM ASSISTANCE ..................................................................... 22

Article 16 - PREPARATION TIME ................................................................................. 22

Article 17 - REPORT CARD PREPARATION/ASSESSMENT DAYS ........................... 23

Article 18 - TEACHER ASSIGNED SUPERVISION ...................................................... 23

Article 19 - POSITION SHARING/PART-TIME TEACHERS ......................................... 24

Article 20 - CONTINUING EDUCATION ....................................................................... 25

Article 21 - EVALUATION ............................................................................................. 26

Article 22 - TEACHER IN CHARGE/ACTING ADMINISTRATOR ................................. 27

Article 23 - PROBATIONARY PERIOD FOR TEACHERS ............................................ 28

BENEFITS ..................................................................................................................... 28

Article 24 - EMPLOYEE INSURED BENEFITS ............................................................. 28

LEAVES ........................................................................................................................ 31

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Article 25 - SPECIAL LEAVES ...................................................................................... 31

Article 26 - LEAVE OF ABSENCE WITHOUT PAY ....................................................... 36

Article 27 - DEFERRED SALARY LEAVE PLAN........................................................... 38

Article 28 - GRIEVANCE PROCEDURE AND ARBITRATION ...................................... 43

Article 29 - ASSOCIATION REPRESENTATION ON JOINT COMMITTEES ............... 47

Article 30 - SCHOOL ASSOCIATION REPRESENTATIVES ........................................ 48

Article 31 - ASSOCIATION REPRESENTATIVES (Unit Executive) .............................. 48

LETTER OF UNDERSTANDING .................................................................................. 48

LONG TERM DISABILITY PLAN COMMITTEE ............................................................ 48

RE: TEACHER ASSAULT, HEALTH AND SAFETY, ADMINISTRATION OF MEDICATION, AND HARASSMENT ............................................................ 50

TEACHER EVALUATION ................................................................................... 50

RE: SECTION 19:02(D) (PART-TIME TEACHER BENEFITS) ........................... 50

LENGTH OF SCHOOL YEAR AND LENGTH OF SCHOOL DAY ...................... 50

OFFENCE DECLARATION FORM .................................................................... 51

RETIREMENT GRATUITY PROVISION FROM PREDECESSOR BOARD - NORTH OF SUPERIOR DISTRICT R.C.S.S. BOARD ..................................... 51

RETIREMENT GRATUITY PROVISION FROM PREDECESSOR BOARD - GERALDTON DISTRICT R.C.S.S. BOARD ..................................................... 52

PAYMENT IN LIEU OF RETIREMENT GRATUITY ........................................... 54

MENTORING ...................................................................................................... 54

BENEFIT BOOKLET .......................................................................................... 54

JOINT BOARD LEVEL PROFESSIONAL DEVELOPMENT COMMITTEE ........ 54

JOINT BOARD LEVEL STAFFING COMMITTEE .............................................. 55

EMPLOYEE INSURED BENEFITS .................................................................... 57

ALTERNATE SCHOOL DAY .............................................................................. 57

RE: TRAVEL...................................................................................................... 60

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P R E A M B L E

The Superior North Catholic District School Board and the Superior North OECTA Bargaining Unit are committed to improve student achievement, reduce gaps in student outcomes and increase confidence in publicly funded education.

WHEREAS it is the desire of both parties to this agreement;

(a) to maintain the existing harmonious relationships and settled conditions between the Board and the Local Bargaining Unit,

(b) to encourage the maximum from the educational environment of the school system,

(c) to promote the morale, wellbeing and the security of all the Teachers within the Local Bargaining Units,

(d) to the best of our human and financial resources, to make the provision of a total Roman Catholic education, as outlined in the Education Act, a top priority for the pupils of our system,

(e) to recognize the mutual value of joint discussions in matters pertaining to this agreement,

to which end the trustees and teachers will extend their full cooperation.

The terms of this Agreement shall be applicable to all Teachers employed by the Superior North Catholic District School Board.

THEREFORE, it is the mutual desire of the Board and the Teachers to set forth in this agreement the salaries, employee insured benefits, allowances, certain conditions of employment, and miscellaneous items governing the Teachers.

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DEFINITIONS/INTERPRETATIONS - IN THIS AGREEMENT

1. “Association” means the Ontario English Catholic Teachers‟ Association.

2. “the Board” means the Superior North Catholic District School Board.

3. “Local Bargaining Unit” means Superior North Unit of the Ontario English Catholic Teachers‟ Association (O.E.C.T.A.)

4. “the Director” means the Director of Education and Secretary-Treasurer of the Board and Chief Executive Officer of the Board, or his/her delegate.

5. “enrolment” means the total number of full-time equivalent students enrolled in a school or within the Board.

6. “the Executive Committee of the Local Bargaining Unit” means the committee elected by Teachers which is authorized to act on behalf of the Local Bargaining Unit.

7. “grievance” means a claim by a Teacher or a group of Teachers, the Local Bargaining Unit or the Board relating to the interpretation, application or administration of this agreement, or an allegation that this agreement has been contravened.

8. “Ministry” means the Ministry of Education.

9. “occasional teacher” means a Teacher employed by a board to teach as a substitute for a Teacher but,

(a) if the Teacher substitutes for a Teacher who has died during a school year, the Teacher‟s employment as the substitute for him or her shall not extend past the end of the school year in which the death occurred; and

(b) if the Teacher substitutes for a Teacher who is absent from his or her duties for a temporary period, the Teacher‟s employment as the substitute for him or her shall not extend past the end of the second school year after his or her absence begins.

10. “parties to the agreement” means the Board and the Association.

11. “part-time teacher” means a Teacher employed by the Board on a regular basis for other than full-time duty.

12. “provincial trustees‟ association” means the Ontario Catholic School Trustees‟ Association (O.C.S.T.A.) with respect to the Board.

13. “Teacher” shall mean any employee of the Board who is:

(a) a teacher as defined by Section 1(1) of the Education Act, and

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(b) who is employed as a teacher as defined by Section 1(1) of the Education Act excluding occasional teachers as defined by Section 1(1.1) of the Education Act; and

(c) who is a teacher as defined by Part X.l of the Education Act.

14. “years of service” means all continuous service as an employee with the Board in the bargaining unit and any of its predecessor Boards.

15. words importing the singular number shall include the plural and vice versa and words importing one gender shall include the other gender where appropriate.

ARTICLE 1 - RECOGNITION

1:01 The Board recognizes O.E.C.T.A. as the sole and exclusive bargaining agent

for Teachers in the employ of the Board.

1:02 (a) The Board recognizes the Negotiating Committee of the Association as

the committee empowered to negotiate a collective agreement on behalf of all Teachers employed by the Board and the Association undertakes that the Negotiating Committee of the Association is so authorized.

(b) The Association undertakes to inform the Secretary of the Board, in writing, of the names of the members of the Negotiating Committee of the Association.

1:03 (a) The Association recognizes the Negotiating Committee of the Board as

the committee empowered to negotiate a collective agreement on behalf of the Board and the Board undertakes that the Negotiating Committee of the Board is so authorized.

(b) Each party agrees to inform the other party in writing whenever a person from outside the jurisdiction of the Board is to be present at the negotiating sessions. The parties endeavour to provide timely notice.

(c) The Board undertakes to inform the Negotiating Committee of the Association, in writing, of the names of the members of the Negotiating Committee of the Board.

1:04 (a) The Board reserves to itself, fully and exclusively, all management

rights and prerogatives conferred on it by statutes, regulations, memoranda, guidelines and procedural directives, save and except to the extent expressly modified, curtailed or limited by any provisions of this collective agreement.

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(b) The provisions of this agreement shall not be construed as to prejudicially affect the rights and privileges, with respect to the employment of Teachers under Section 93 of the Constitution Act, 1867.

(c) The Board agrees that it will not exercise its sole discretion as provided in this collective agreement in bad faith.

ARTICLE 2 - JUST CAUSE

No teacher shall be demoted, disciplined or discharged without just cause. The parties agree that a lesser standard applies during the probationary period.

2:01 Denominational Rights

The parties and Teachers agree to work for the Roman Catholic goals of education and are committed to the promotion of Roman Catholic principles, philosophy and practices in the schools.

ARTICLE 3 - DURATION

3:01 (a) This Agreement shall remain in force until August 31, 2014 and shall be

automatically renewed from year-to-year thereafter, unless either party notifies the other party in writing of proposed revisions, additions or deletions to the Agreement, or any of its provisions. Such notification will be made in writing within the period April 1 to August 31 inclusive when the collective agreement expires on August 31.

(b) In the event the agreement is extended by statute and the statute provides for more than one period greater than one year, the agreement shall be renewed for the lesser of such periods greater than one year.

3:02 If notice of amendment or termination is given by either party, the parties shall meet for the purpose of negotiations within thirty (30) days from the giving of notice or within such further period as the parties may mutually agree.

3:03 The parties may at any time upon their mutual agreement, negotiate revisions of any provision of this Agreement other than a provision relating to the term of its operation for which consent of the Ontario Labour Relations Board must be obtained on the joint application of the parties.

3:04 There shall be no strike or lockout during the term of this Agreement. Strike and lockout will be defined as in the Education Act subsection 277.2(4). Notwithstanding the foregoing, for the application of section 19 of the Education Act strike and lockout shall be defined as in the Labour Relations Act, 1995.

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3:05 Each Teacher in the employ of the Board shall receive a signed electronic copy of this Agreement. A Teacher may request a signed printed copy of this Agreement.

3:06 The cost of printing of the Agreement shall be shared equally by the Board

and the Association.

3:07 The Association shall receive twenty (20) printed signed copies of this

Agreement.

COMPENSATION

ARTICLE 4 - PLACEMENT ON GRID

4:01 Definitions of levels and categories shall be in accordance with regulations,

procedures and category definitions of The Qualifications Evaluation Council of Ontario, Program 5. Category A0 shall be defined as those Teachers who were in Categories D, C, and B prior to September 1992.

4:02 Interim Classification: Teachers who fail to provide the Board with the

appropriate documentation placing them on the grid shall be paid according to the documentation held by the Board, as evaluated by the Director of Education in consultation with the Unit President of the Local Bargaining Unit, until such time as the required documents are produced. Teachers who fail to provide the Board with Q.E.C.O. ratings will be placed in Category A0 without a B.A. degree, and in Category A1, with a B.A. degree, until such time as the required documents are received by the Board.

4:03 Holders of Letters of Standing shall be placed by the Board in the standard

equated by the Ministry of Education, and the standard is to be equated to Q.E.C.O. levels of category placement subject to Article 4:01. Said teacher will be entitled to retroactive pay as of September 1st of that school year.

4:04 The onus is on the Teacher to inform the Board in writing prior to the 30th of

September, in any year, respecting any change which has occurred in the Teacher‟s category. In addition, each Teacher is expected to notify the Board in writing, as far in advance as practical, of the Teacher‟s intention to qualify for change in category. If proof of change of category is not available to the Teacher by the 30th of September and is subsequently presented to the Board before the 30th of June of that school year, appropriate salary adjustment will be made retroactive to the start of the school year or date of hire (whichever is later). The teacher must fulfil all the requirements necessary for a change in category prior to the start of the current school year.

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4:05 Experience shall be credited as of September 1st annually. No change in salary for experience shall be paid before the following September 1st, except as expressly provided in the “Placement on Grid” article.

4:06 It shall be the prerogative of the Board to withhold for one (1) year the

increment of a Teacher whose work is inadequate as attested by the Board, provided the Teacher is given notice in writing by the Board before May 30th why the Board is withholding the increment, is instructed how to improve, and provided that the Teacher is re-instated at the correct point on the schedule if satisfactory improvement is made. Nothing herein interferes with the right of the Board to dismiss a Teacher for his or her performance and nothing herein interferes with a Teacher to grieve such action.

4:07 (a) When Teachers are hired, they shall be credited only with qualified

experience whether they taught in Ontario, or elsewhere.

(b) It shall be the responsibility of the Teachers hired subsequent to May 20, 1999 to furnish, to the Board, signed statements from previous employers of all teaching experience outside the Board.

4:08 All elementary and secondary teaching experience, as well as long term occasional teaching experience since September 1, 1995, subsequent to graduation from an Ontario Teachers‟ College or an Ontario University Faculty of Education, or where the Ministry of Education has issued a Letter of Standing, shall be recognized.

4:09 The Board shall calculate years of experience as of September of each

school year according to the following: periods of four (4) or more consecutive complete teaching months shall be added together and the resulting number of months shall be divided by ten (10). A Teacher shall be placed on the grid according to the full number of years of experience.

ARTICLE 5 - APPLICATION OF SALARY SCHEDULE

5:01 Except as otherwise specifically provided for in the terms of this agreement,

the annual salary of each Teacher shall be determined in accordance with the grid of this agreement and the Schedule of Allowances.

5:02 (a) The Teacher‟s annual salary shall be paid in twenty-six (26) equal instalments commencing no later than the second teaching Friday in September.

(b) The schedule for payment for salary shall be:

(i) Subject to paragraph (ii) below, the Board and O.E.C.T.A. agree to a system of payments consistent with the current practice of every two (2) weeks and 1/26 for each payment.

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(ii) The Board and O.E.C.T.A. recognize that there may be a need to have the number of payments of 1/27 in some years.

(iii) Such payments shall total 100 percent of the annual salary.

(c) Should payday fall on a banking holiday, payment shall be made on the preceding banking day.

(d) Upon the death of a Teacher employed by the Board, all remuneration due to the deceased shall be paid within three (3) months to that person‟s estate.

(e) A Teacher is entitled to be paid his or her salary in the proportion that the total number of school days for which the Teacher performs his or her duties in the school year bears to the total number of school days in the school year. For greater clarity, and without limiting the generality, the proportion to be applied for a Teacher who teaches half days will be one-half. A part-time Teacher shall be credited with experience for the year in the same proportion as his or her teaching time is to a full teaching year and experience shall be calculated in terms of full months.

5:03 (a) The Board shall deduct from the pay of each Teacher Union dues, as

defined by subsection 47(2) of the Ontario Labour Relation Act, 1995 in equal instalments every two weeks and shall remit the amount deducted within thirty (30) days of collection. The Association shall advise the Board in writing of the amount of the deduction.

(b) The Association shall indemnify and save harmless the Board from any and all claims, demands, actions, or causes of action arising out of or in any way connected with the collection and remittance of such dues.

(c) The Board shall deduct in equal instalments from the first, third and fifth pay of the school year of each Teacher, College of Teachers‟ fees provided the full amount can be deducted and remitted to the College of Teachers prior to the date established by the College of Teachers. If it cannot make the required deductions and subsequent remittance to the College of Teachers, then the Board will notify the Teacher and the Teacher will pay to the College the full amount as required in advance. Should the College of Teachers fee be greater than the amount deducted from the first, third and fifth pay it will be reconciled and deducted by the second pay in January.

(d) The Board shall deduct from the first pay of each Teacher the full amount of the fees for the Thunder Bay and District Labour Council and shall remit the amount within thirty (30) days of collection to the Council. The Association shall advise the Board in writing of the amount of the deduction.

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(e) The Association agrees to indemnify and save the Board harmless against all claims or demands or other forms of liability against the Board by any person that may arise out of, or by reason of, deductions made in accordance with this Article.

5:04 A Teacher who is required by the Board to travel between schools for instructional purposes will be entitled to an allowance per kilometre for travel between schools as per Board policy which shall be no less than fifty cents ($0.50) per km up to 5,000 kilometres and forty-five cents ($0.45) per km per subsequent kilometre.

5:05 Travel

The following provisions apply from November 1st to and including the following March 15th, inclusive when a Teacher is required by the Board to travel.

(a) More than 150 km and up to and including 225 km:

When a Teacher is required to perform duties at a site which is more than 150 km and up to and including 225 km from his or her home school

(i) he or she shall be entitled to leave his or her school on the day preceding at 2:30 p.m. and

(ii) on returning from the site at which the duties were performed, he or she shall be entitled to leave the said site at 2:30 p.m.

(b) More than 225 km:

When a Teacher is required to perform duties at a site which is more than 225 km from his or her home school

(i) he or she will not be required to attend the afternoon instructional period on the day preceding and

(ii) he or she shall not be required to attend the morning instructional period on the day following the last day he or she was required to attend to perform the duties at the said site, provided that the Teacher remains overnight at the site where the duties were performed or at a site between the said site and the site of the home school.

(c) The Board shall reimburse a Teacher for hotel accommodation and food according to its policy.

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ARTICLE 6 - SALARY GRID

6:01 Each Teacher shall be paid a salary according to placement on the salary

grid (Schedule A) (Categories A0, A1, A2, A3, & A4) in accordance with Articles 4 and 5 above.

6:02 A copy of the salary calculation for the individual Teacher will be supplied to the Teacher along with updated figures for sick-leave days, Board seniority position and total years of teaching experience, no later than October 31st of the current teaching year.

SCHEDULE A

Effective September 1, 2012 Salary Grid

YEAR A 0 A 1 A 2 A 3 A 4

0 44,132 45,589 48,562 52,133 54,159

1 46,526 48,260 51,582 55,269 57,528

2 48,923 50,931 54,601 58,404 60,901

3 51,313 53,602 57,620 61,540 64,274

4 53,707 56,271 60,639 64,676 67,644

5 56,102 58,942 63,660 67,814 71,014

6 58,495 61,615 66,679 70,948 74,386

7 60,891 64,285 69,698 74,084 77,756

8 63,284 66,957 72,714 77,220 81,129

9 65,678 69,626 75,734 80,358 84,501

10 68,072 72,298 78,757 83,493 87,871

11 70,467 74,969 81,775 86,630 91,241

12 89,763 94,614

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ARTICLE 7 - CONSULTANTS/COORDINATORS/SPECIAL ASSIGNMENT TEACHERS 7:01 A Consultant and/or Coordinator shall be paid a pro-rated responsibility

allowance per annum based on the amount of time spent on that duty. A Teacher employed as a Special Assignment Teacher will be classified as a Consultant.

Effective September 1, 2012

YEAR 1 - $1,127.17 YEAR 2 - $1,251.60 YEAR 3 - $1,377.26 YEAR 4 - $1,500.51 YEAR 5 - $1,628.54

7:02 Education Courses

(a) The Board will pay a Teacher presently in Category A4 who earns a post graduate degree recognized by QECO 5 which has not been used to determine Category placement in A4, a one-time allowance of five hundred ($500) per degree.

(b) Teachers hired prior to September 1993 will receive payment of five hundred dollars ($500) per year for each post graduate degree above and beyond placement on the grid.

7:03 If the Board requires a Teacher to take a specialized course, the Board will

pay for expenses which were incurred by the Teacher for this course and which were authorized by the Board in advance.

7:04 The Board will pay no expenses incurred by the Teacher for a course taken as a condition upon hiring. [It is understood that a Teacher who chooses to take a course to avoid displacement pursuant to Article 12 is not required to take a course pursuant to this Article.]

ARTICLE 8 - RETIREMENT GRATUITY

8:01 A Teacher who was covered by the terms of the collective agreement

between the previous Geraldton District R.C.S.S. Board and O.E.C.T.A. immediately preceding employment with the Superior North Catholic District School Board and who was employed by the Board at May 20, 1999 will continue to be governed by the terms of the retirement gratuity in effect between the previous Geraldton District R.C.S.S. Board and O.E.C.T.A.

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8:02 A Teacher who was covered by the terms of the collective agreement between the previous North of Superior District R.C.S.S. Board and O.E.C.T.A. immediately preceding employment with the Superior North Catholic District School Board and who was employed by the Board at May 20, 1999 will continue to be governed by the terms of the retirement gratuity in effect between the previous North of Superior District R.C.S.S. Board and O.E.C.T.A.

8:03 A Teacher who is hired by the Superior North Catholic District School Board

following May 20, 1999 will not be covered by either of the above-noted retirement gratuities. Instead, effective September 1, 1999 the Board will make a lump sum payment of two hundred and fifty (250) dollars to each full-time Teacher for the first six (6) complete years of his or her employment with the Board and shall make a pro-rated payment for each part-time Teacher according to the above. The payment shall be made at the end of the school year.

8:04 A Teacher who received a Retirement Gratuity or received a payment in lieu

of Retirement Gratuity and who is subsequently re-employed, will not be entitled to a payment pursuant to Article 8.

WORKING CONDITIONS

ARTICLE 9 - PERSONNEL FILES

9:01 The Board shall have the right to maintain personnel files for teachers in accordance with the Municipal Freedom of Information and Protection of Privacy Act.

These files will contain the following information:

(a) professional/academic qualifications

(b) statement of salary/benefits

(c) contract with the Board

(d) performance appraisals

9:02 No documents which are derogatory shall be put in the Teacher‟s file without the Teacher‟s knowledge. The Teacher shall receive a copy of any such documents. The Teacher shall have the right to submit a written comment with respect to such document and the comment shall be placed in the Teacher‟s file and shall be appended to such document.

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9:03 A Teacher and/or Association designate shall have access during normal business hours to his/her personnel file upon request. Copies of any material in these files will be provided to the Teacher in accordance with the Municipal Freedom of Information and Protection of Privacy Act.

9:04 Any Teacher living beyond the fifty (50) kilometre radius of the Board office may request in writing to see his or her file and such file shall be delivered by the Board to the Teacher‟s school as soon as practicable following the request.

9:05 An appropriate Board official shall be present when a Teacher reviews his/her file and the Teacher may be accompanied by an individual of his/her choice.

9:06 If a Teacher disputes the contents of his/her file, he/she can request in

writing the removal of the specified material. In the event that the Board refuses to remove the said material, the Teacher may file a grievance under the procedures outlined in this agreement.

ARTICLE 10 - CLASS SIZE

10:01 The Association may request a review of any class size greater than thirty (30) students as of October 31st of each year, and notwithstanding the foregoing, the Association may request a review of any multiple grade class of three or more grades for which the size is greater than twenty (20) students as of October 31st of each year.

ARTICLE 11 - TRANSFERS

11:01 (a) No Teacher presently employed by the Superior North Catholic District School Board shall be assigned to teach in a different municipality fifty (50) kilometres outside the municipality in which the Teacher presently teaches, without the consent of the Teacher, unless the Teacher‟s position has been declared surplus as detailed in Article 12.

Geraldton and Longlac will continue to be one community and Nakina another community for the purpose of this Article.

(b) (i) A Teacher may request a transfer within the Elementary bargaining unit pursuant to the terms below or be transferred by the Board within the Elementary bargaining unit at its initiation pursuant to the terms below.

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(ii) Requests for transfers by Teachers for the following school year must be submitted in writing to the attention of the Director of Education as soon as practicable but no later than April 1st. The Teacher shall include in the notice the school to which he or she wants to be transferred. The Board shall advise the Teacher of the Board‟s decision by May 15th.

(iii) In the case of a Board initiated transfer, the Board shall advise the Teacher of the intention to transfer and the Teacher shall have an opportunity to review the matter with the Director or designate. The Board shall advise the Teacher to be transferred as soon as practicable after the decision to transfer the Teacher has been made. The Teacher has the discretion to invite a representative from the Association (local representative or alternate or Local Bargaining Unit president) who is available to attend the meeting with the Director or designate.

(iv) The Director or designate will attempt to secure a mutually satisfactory placement for all Teachers. It is understood however that the decision to transfer is at the sole discretion of the Board. Such discretion shall not be exercised in bad faith.

(v) Notwithstanding the above but subject to subsection 11:01 (a), the Board may in its sole discretion transfer Teachers at any time to meet what in its judgement are the needs of its schools. Such discretion shall not be exercised in bad faith.

11:02 Postings

(a) Vacancies which the Board intends to fill with a permanent or probationary Teacher shall be posted for five days in each school. The Board shall endeavour to email notice of such vacancy or vacancies to each permanent and probationary Teacher at their school board email address. In the summer months, a copy of the notice of vacancy or vacancies will be posted at the Board Office, emailed to each permanent and probationary Teacher at their school board email address and will be posted on the Board‟s web site. Subsequent vacancies arising from the filling of the initial vacancy need not be posted. Teachers may apply for the vacancy. Nothing herein prevents the Board from advertising externally or filling the position with a person not currently employed by the Board.

(b) A copy of each posting shall be sent to the Local Bargaining Unit President.

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(c) In the event the Board fills a vacant position by hiring externally rather than transferring a Teacher who has requested in writing to transfer to the said position, the Teacher who requested the transfer shall be given an opportunity to review the matter with the Director or designate.

ARTICLE 12 - SENIORITY

12:00 (a) Seniority for Teachers is defined as the length of continuous

employment as a Teacher with the Board, or its predecessor Boards, since the last date of hire, commencing with the first day the employee actually worked.

(b) If two or more Teachers have the same seniority according to the above, ranking shall be determined by total teaching experience with the Board, or its predecessor Boards, since last date of hire.

(c) If two or more Teachers have the same seniority according to the above, ranking shall be determined by total teaching experience with the Board or its predecessor Boards.

(d) If two or more Teachers have the same seniority, ranking of seniority shall be determined by the total teaching experience with the Board, or its predecessor Boards, since last date of hire where for the purpose of this clause „last date of hire‟ is the date the Teacher was scheduled to commence to work at the Board.

(e) If two or more Teachers have the same seniority according to the above, ranking shall be determined by total teaching experience with any school board in the Province of Ontario.

(f) If two or more Teachers have the same seniority according to the above, ranking shall be determined by total teaching experience with any school board outside of the Province of Ontario which, if the Teacher had been employed in Ontario, would have been credited as experience under the statutes or regulations then in force in the said province.

(g) If two or more Teachers have the same seniority according to the above, ranking shall be determined by relevant qualifications.

(h) If two or more Teachers have the same seniority according to the above, ranking shall be determined by lot, drawn in the presence of the Local Bargaining Unit President and the Director of Education or designate.

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(i) For the purposes of the above, service and teaching experience do not include employment as a continuing education Teacher or an occasional Teacher except for that experience recognized in Article 4:09 as an occasional Teacher.

(j) Time spent on statutory or extended leaves approved by the Board and listed below shall count as service.

(i) Pregnancy leave

(ii) Parental leave

(iii) Deferred salary leave

(iv) Sabbatical leave

(v) Exchange, secondment or loan of services for the purposes of teaching for the Department of National Defence, Department of Indian Affairs, or the Ministry of Education

(vi) Working for the Ontario English Catholic Teachers‟ Association

12:01 Seniority List

(a) The seniority list shall provide, the names of the Teachers, the last date of hire for the continuous employment with the Board, or its predecessor Boards, and the school at which the Teachers are then teaching.

(b) Each Teacher employed by the Board shall be placed on the seniority list in decreasing order of seniority based on the last date of hire. In the event there is more than one Teacher with the same date, the affected Teachers shall be listed according to their ranking with respect to seniority set out in section 12.01 above.

(c) The seniority list shall be established by the Board in consultation with the Local Bargaining Unit President.

(d) The seniority list shall be updated each year as of September 30th and a revised copy thereof provided to each school for posting and to the Local Unit President as of October 30th.

(e) Each Teacher shall have until November 20th to investigate and request amendments to the seniority list. If no valid requests are made before this date, the seniority list shall be deemed accurate for the purpose of determining seniority.

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REDUNDANCY/SURPLUS

12:02 Notice of Termination Due to Redundancy

(a) The termination of employment of a Teacher by the Board due to redundancy shall occur in accordance with this article.

(b) The notice shall state that the reason for termination of employment is solely due to redundancy.

(c) Such notice shall be sent via registered mail to the Teacher‟s last known address or hand-delivered by the Director of Education or designate. Teachers will be required to inform the Board of their current address and any future changes.

(d) If two or more Teachers have the same seniority, ranking of seniority shall be determined by the total teaching experience with the Board, or its predecessor Boards, since last date of hire where for the purpose of this clause „last date of hire‟ is the date the Teacher was scheduled to commence to work at the Board.

(e) If two or more Teachers have the same seniority and same ranking according to the above, ranking of seniority shall be determined by total teaching experience with the Board or its predecessor Boards.

(f) If two or more Teachers have the same seniority and same ranking according to the above, ranking of seniority shall be determined by total teaching experience with any school board in the Province of Ontario at any time.

(g) If two or more Teachers have the same seniority and same ranking according to the above, ranking of seniority shall be determined by total teaching experience with any school board outside of the Province of Ontario which, if the Teacher had been employed in Ontario, would have been credited as experience under the statutes or regulations then in force in the said province.

(h) If two or more Teachers have the same seniority and same ranking according to the above, ranking of seniority shall be determined by QECO where a higher QECO ranking is counted as senior to a junior QECO ranking.

(i) If two or more Teachers have the same seniority and same ranking according to the above, ranking of seniority shall be determined by lot, drawn in the presence of the Unit President and the Director of Education.

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12:03 (a) Teachers continuing to hold positions of responsibility (coordinator, consultant) shall be exempt from the provisions of Article 12:04 relating to redundancy. For greater clarity, a Teacher declared surplus or redundant pursuant to section 12:04 shall not be entitled to displace a Teacher in a position of responsibility.

(b) Where it is determined by the Board that a reduction in the number of positions of responsibility is required, the Board will declare, according to the reverse order of seniority, the most junior of the incumbents surplus to the position of responsibility providing the remaining incumbents are at least as:

(i) experienced in the particular areas of responsibility which remain to be provided,

(ii) and qualified or it is reasonably expected that the Teacher can become qualified prior to the commencement of the period for which the reduction is to take effect and the Teacher commits to becoming qualified by that time and commits to filling the required position.

(c) A Teacher in a position of responsibility who is declared surplus to the position of responsibility shall be returned to a teaching position, subject to the provisions of Article 12.

12:04 (a) For purposes of this article, redundancy shall be defined as the reduction of the total number of Teachers within the Board.

(b) For the purposes of this article, surplus shall be defined as the reduction of the total number of Teachers within a school.

(c) Where the number of teaching staff within the Board is reduced or there is a surplus in a school due to financial constraints and/or declining enrolment and/or program needs, Teachers to be made redundant or declared surplus shall be determined according to the following:

(i) Surplus Declaration: The Board shall advise a Teacher by May 31st that he or she is surplus to his or her school effective August 31st and shall advise a Teacher by October 31st that he or she is surplus to his or her school effective December 31st. The Local Bargaining Unit President(s) will be advised of the Teachers declared surplus to schools on or before the notice to the Teachers.

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The Teacher or Teachers shall be declared surplus by school in reverse order of seniority in that school according to Article 12:00 provided the remaining Teachers in that school are qualified to teach the courses or programs in that school which the Board provides.

If they are not, then the next most junior Teacher on the seniority list and in that school who has not been declared surplus will be declared surplus to that school unless he or she is able to become qualified prior to the commencement of the period for which the reduction is to take effect and commits to becoming qualified by that time and commits to fill the position. If the Teacher so commits, then the Teacher originally declared surplus shall be displaced.

In the event a full-time Teacher is declared surplus for a portion of their position, he/she may displace a more junior full-time Teacher on the seniority list.

(ii) Step One Displacement: Within two (2) days of being notified, the Teacher declared surplus shall notify the Board by sending a confirmed email to the Human Resources Officer of his or her intent to displace a more junior Teacher on the seniority list, if any, who

(A) is in another school

(B) has not been declared surplus; and

(C) has the least seniority in that school provided the remaining Teachers in that school are qualified to teach the courses or programs in that school which the Board provides. If they are not, then the next most junior Teacher in that school will be displaced, provided he or she is junior to the Teacher declared surplus, unless he or she is able to become qualified prior to the commencement of the period for which the reduction is to take effect and commits to becoming qualified by that time and commits to fill the position. If the Teacher so commits, then the Teacher originally selected for displacement shall be displaced.

The Board will endeavour to advise the Teachers to be displaced within two (2) days of the Board being notified, or such further time as agreed by the parties.

(iii) If there is no such junior Teacher to displace, the employment of the Teacher declared surplus will be terminated due to redundancy.

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If there is more than one (1) Teacher declared surplus, the Teachers declared surplus shall displace in order of their seniority more junior Teachers according to the above procedure, with the Teacher with the highest seniority in the system selecting first.

The employment of a Teacher who refuses to exercise his or her seniority rights to displace within the above noted two (2) days of being notified that he or she has been declared surplus will be terminated due to redundancy.

The employment of a Teacher who committed to becoming qualified to avoid being displaced and who fails to become qualified will be terminated due to redundancy. The Teacher will advise the Board by July 31st in writing if he or she will be qualified in time, and will provide the appropriate documentation upon receipt. If he or she is not qualified or has not advised the Board in writing by July 31st, he or she will lose his or her seniority and be deemed terminated and removed from the seniority list.

The Board will recall a Teacher, if any, from the recall list in order of seniority provided he or she is qualified to fill the position. If there is no such qualified Teacher, the Board may transfer the qualified Teacher who had been displaced back to the position from which he or she had been displaced and effect any other necessary transfer of personnel.

(iv) Step Two Displacement: Within two (2) days of notification of his or her displacement, the displaced Teacher shall notify the Board by sending a confirmed email to the Human Resources Officer of his or her intent to displace a more junior Teacher, if any, as provided in 12:04(c)(ii) and (iii). The Board will endeavour to advise the Teachers to be displaced within three (3) days of the Board being notified, or such further time as agreed by the parties.

(v) Step Three Displacement: Within two (2) days of notification of

his or her displacement, the Teacher displaced at Step Two shall notify the Board by sending a confirmed email to the Human Resources Officer of his or her intent to displace the most junior Teacher in the system, as provided in 12:04(c)(ii) and (iii). The employment of the Teacher so displaced shall be terminated due to redundancy. The Board will endeavour to advise the Teacher to be displaced within two (2) days of the Board being notified, or such further time as agreed by the parties.

The Board shall notify the Teacher to be declared redundant by June 20th for a redundancy effective August 31st and by November 30th for a redundancy effective December 31st.

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The Board will endeavour to provide a copy of the list of Teachers declared redundant to the system to the Local Bargaining Unit at the same time as it notifies the Teachers. Failure to provide the said notice to the Local Bargaining Unit shall not void the notice.

(vi) It is understood that there will be more than one or two steps of displacement(s) only if there are more junior Teachers remaining to be displaced or declared redundant after the first and second step respectively.

(vii) It is understood that in the event there is more than one (1) Teacher to be declared surplus in the system, that the Board may advise more than one (1) Teacher of such matter at one time.

(viii) For the purposes of this collective agreement, Teachers are designated to a school, not to a grade assignment.

(ix) For the Special Assignment Teacher „his or her school‟ for the purposes of Article 12 shall refer to the school the Special Assignment Teacher was assigned to immediately before commencing as the Special Assignment Teacher.

12:05 Where a Teacher declines a position as provided above or if no response is

received by the Board within the time frame specified, that Teacher shall be declared redundant to the Board.

12:06 Teachers whose employment is terminated under the provisions of this Article shall be placed on a twenty-five (25) month recall list in the reverse order in which they were terminated. Any teaching positions which become available after transfers and surplus, shall be offered first to Teachers with the most seniority on the recall list by telephone and confirmed email at the Teacher‟s school board email address provided the Teacher has the necessary qualifications for that position and provided the Teacher responds within two (2) days of the contact. A Teacher who fails to respond within two (2) days will lose his or her seniority and be deemed terminated (and removed from the recall list).

In the event that the Board is not able to contact the Teacher, such offer will be made by registered mail to the Teacher‟s last known address provided the Teacher has the necessary qualifications for that position and provided the Teacher responds within five (5) days of the postmarked date on the registered letter. A Teacher who fails to respond within five (5) days will lose his or her seniority and be deemed terminated (and removed from the recall list).

12:07 (a) For clarity it is understood the day of notification is not included in the

calculation of timelines above.

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(b) For the purpose of this article, day means a school day except in the summer months, when it means a weekday.

ARTICLE 13 - CUMULATIVE SICK LEAVE PLAN

13:01 The object of the plan is to protect the employees of the Board in the event of

a serious or prolonged illness from loss of salary by allowing them to use the accumulated portion of their annual sick-leave allowance in which the unused statutory annual provision of 20 days sick-leave credits may be accumulated to a maximum of 200 days.

13:02 The Administration for the Board shall set up a sick-leave ledger in which sick-leave credits shall be recorded. Commencing with January 1, 1976, or from the date of employment following that date, all Teachers in the employ of the Board shall be credited with his/her unused portion of sick-leave credits as shown by the Board‟s records.

A full-time Teacher employed at the commencement of the school year is entitled to twenty (20) days sick-leave per school year.

A full-time Teacher joining the staff during the school year shall be given sick-leave credits on the basis of two (2) days for each month of employment to a maximum of twenty (20) days.

A Teacher hired on a half-time or part-time basis shall have sick-leave credits prorated accordingly.

On June 30, 1976, and annually thereafter, any unused portion of sick-leave days for the preceding school year shall be entered in the ledger to the credit of each Teacher not to exceed a cumulative limit of two hundred (200) days.

13:03 The Board will have the right to request certification of illness from a qualified

physician, nurse practitioner and/or midwife.

13:04 A Teacher transferring directly from another Board will be credited the

number of days of sick-leave credits which the employee had to his/her credit with the previous Board, such credit not to exceed two hundred (200) days.

ARTICLE 14 - E. I. REBATE

14:01 The Board agrees to transfer, on behalf of the Teachers, an amount

equivalent to at least five-twelfths (5/12) of the savings resulting from the reduction in Employment Insurance premiums to the O.E.C.T.A. Local Bargaining Unit.

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ARTICLE 15 - LUNCHROOM ASSISTANCE

15:01 Every Teacher is entitled to a forty (40) consecutive minute lunch period, and

paid lunchroom supervision will be provided as follows: at least one paid lunchroom assistant per school.

ARTICLE 16 - PREPARATION TIME

16:01 (a) Effective August 31, 2012 the Board shall provide each Teacher two

hundred and forty (240) minutes of preparation time per five (5) day cycle. In addition, the Board shall designate one day for the purposes of preparation time.

(b) The Teacher shall request the day of preparation time in writing. The day of preparation time shall be provided at the sole discretion of the Board, during the first two terms. Notwithstanding the foregoing,

(i) the day of preparation time shall not be on a day immediately preceding or following:

(A) the Christmas break

(B) the March break

(C) the summer break

(ii) the day shall not coincide:

(A) with professional development activities

(B) opportunities to report to parents; or

(C) a special school activity as determined by the Director or designate. In the event the request is denied as a result of this reason, the Teacher may request the Director to reconsider whether the Teacher is required for the special school activity.

16:02 Preparation time shall be timetabled in blocks, of a minimum of twenty (20)

minutes.

16:03 Preparation time missed due to scheduling changes, shall be tracked and

scheduled in blocks of at least sixty (60) minutes. The scheduling of such blocks of preparation time shall be determined by the Principal, following consultation with the Teacher and shall be provided by an occasional Teacher.

16:04 Preparation time shall be pro-rated.

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16:05 Scheduling of planning and preparation time shall be at the sole discretion of the Board. Planning and preparation time is directed exclusively by the Teacher but shall be done during the instructional day at the school. However, when meetings or other activities are scheduled with the Teacher by the Principal during the Teacher‟s planning and preparation time, the planning and preparation time is deemed to have been lost and shall be banked and rescheduled as per article 16:03.

16:06 Notwithstanding other provisions in this Collective Agreement, the Board may

assign the additional teaching staff generated by the increase in elementary teacher preparation time above the 2008-2009 level, to enable full-time school-based teaching assignments in the Arts in more than one elementary school. This shall be done in consultation with the Joint Board Level Staffing Committee.

16:07 Notwithstanding other provisions in this Collective Agreement, the additional

weekly minutes of preparation time above the 2008-2009 level, generated within twenty (20) consecutive instructional days, may be aggregated to provide for meaningful blocks of preparation time for Teachers.

ARTICLE 17 - REPORT CARD PREPARATION/ASSESSMENT DAYS

17:01 Effective September 1, 2009, one Professional Activity Day will be designated for the purpose of assessment and completion of report cards. The day will be designated in the calendar prior to the first reporting period.

17:02 Effective September 1, 2010 a second Professional Activity Day, for a total of

two Professional Activity Days, will be designated for the purpose of assessment and completion of report cards: one prior to the first reporting period and one prior to the second reporting period.

ARTICLE 18 - TEACHER ASSIGNED SUPERVISION

18:01 Elementary Teachers shall be available to students in their classroom fifteen (15) minutes prior to the first scheduled class of the day and five (5) minutes prior to the first scheduled class in the afternoon. Such time shall not constitute supervision/on-call or instructional time. Any assigned supervision duty during the times as outlined above, such as but not limited to, bus duty, hall duty and/or yard duty, shall constitute supervision.

18:02 The maxima of supervision minutes for elementary Teachers will be 80 minutes.

18:03 The introduction of the maxima described above shall not increase Collective Agreement provisions or the practice in place during the 2011-2012 school year, where such provisions may be more favourable.

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18:04 Notwithstanding the above, in any school where a staff member is scheduled to do 30 minutes or less of supervision as listed on the September, 2012 supervision or revised supervision schedules as submitted to the Joint Board Level Staffing Committee, the teachers in those schools may be scheduled to do a maxima of 45 minutes of supervision per week.

ARTICLE 19 - POSITION SHARING/PART-TIME TEACHERS

19:01 Position Sharing

The Board may allow Teachers to be employed in a position sharing agreement. For any benefits provided under Article 24 of this agreement to Teachers who are involved in this position sharing plan, the Board will pay fifty percent (50%) of the premium for each Teacher. The best interests of education will be considered in the administration of this Article. The final approval of position sharing situations shall be at the sole discretion of the Board.

19:02 Part-Time Teachers

(a) A Teacher who applies for a part-time assignment for a specific time period is guaranteed to return to his/her former or comparable position with the Board at the end of such period, subject to other provisions of this collective agreement including those relating to Surplus and Redundancy. It is understood that a Teacher is designated to a school and not to a grade assignment.

The Board may grant requests for part-time teaching. Final approval of part-time assignments shall be at the sole discretion of the Board which shall not be exercised in bad faith. Part-time assignments pursuant to this clause must correspond to school term(s), semester(s) or school year(s).

(b) A part-time Teacher, who is qualified for and able to perform equally in the available position, shall be given a priority over outside applicants for any full-time position with the Board.

(c) Part-time Teachers shall be paid according to the salary scale pro-rated to reflect the percentage of time taught as a percentage of the instructional workload.

(d) The Board‟s contribution towards premiums for benefits shall be pro-rated for Teachers who teach less than half-time and shall not be pro-rated for Teachers who teach half-time or more.

(e) Except as modified in this article a part-time Teacher shall be subject to all the provisions contained in the collective agreement.

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(f) Part-time Teachers who are expected to attend full day workshops shall be paid for the full day.

(g) Part-time Teachers‟ preparation time, supervision time, and any other such duties shall be pro-rated accordingly.

ARTICLE 20 - CONTINUING EDUCATION

20:01 “Continuing Education Teacher” means a Teacher who is a continuing

education teacher as defined by the Education Act.

20:02 All Continuing Education Teachers as defined in section 20:01 shall be paid

according to the following Schedule:

(a) Effective September 1, 2012:

For classes of 18 or more continuing education students, thirty-eight dollars and twenty-nine cents ($38.29) per hour plus vacation pay and applicable statutory holiday pay in accordance with the Employment Standards Act, 2000.

For classes of less than 18 continuing education students, the hourly rate shall be pro-rated as the ratio of continuing education students in the class is to 18, plus vacation pay and applicable statutory holiday pay in accordance with the Employment Standards Act, 2000. By way of example, if the Board has a class of 9 continuing education students, the hourly rate is nineteen dollars and fifteen cents ($19.15).

20:03 Notwithstanding any other provision of this collective agreement, including without limiting the generality thereof, the recognition clause, the only other provision of this collective agreement applicable to Continuing Education Teachers is the grievance procedure as it pertains to an alleged violation, misinterpretation or misapplication of section 20:02.

20:04 In the event that the Board decides to employ a Continuing Education

Teacher it will be posted internally for five (5) days before advertising externally. Nothing herein requires the Board to hire internally.

20:05 Home Tutor Teachers

Home Tutor Teachers shall be paid the daily Occasional Teacher rate divided by five (5) hours.

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20:06 In the event the Board chooses to assign a Home Tutor Teacher to tutor outside the instructional day, the Board shall first offer the opportunity to provide such tutoring to qualified Teachers who are assigned to the school where the OFIP Tutoring Program is to be offered. If no such Teacher applies for the work, the position will be posted in the remaining schools. If no such Teacher applies, the position shall be offered to persons outside the OECTA elementary bargaining unit.

20:07 Notwithstanding any other provision of this collective agreement, including

without limiting the generality thereof, the recognition clause, the only other provision of this Collective Agreement applicable to Home Tutor Teachers is the grievance procedure as it pertains to an alleged violation, misinter-pretation or misapplication of clause 20:02.

20:08 In the event that the Board decides to employ a Home Tutor Teacher, it will be posted internally for five (5) days before advertising externally. Nothing herein requires the Board to hire internally.

ARTICLE 21 - EVALUATION

21:01 The evaluation of a Teacher shall be conducted in accordance with Board policy, which may change from time-to-time.

21:02 No member of the bargaining unit shall participate in the evaluation of another member.

21:03 All evaluations shall be in writing, signed by the evaluator(s), with a copy to the Teacher and a copy to the Teacher‟s personnel file. The Teacher may append comments to the evaluation report.

21:04 For purposes of Teacher performance appraisal of the Special Assignment

Teacher, the appraisal shall be conducted by the principal of the home school or the appropriate supervisory officer.

21:05 The Board and the Association agree to meet within sixty (60) days of ratification to develop a letter outlining the understanding between the Board and the Association as they relate to Teacher Performance Appraisal, Annual Learning Plan and New Teacher Induction Program. It is agreed that this letter will include the items previously agreed upon in the letter dated June 13, 2005.

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ARTICLE 22 - TEACHER IN CHARGE/ACTING ADMINISTRATOR

Teacher in Charge

22:01 The parties recognize that from time-to-time Principals and Vice-Principals may be absent temporarily from their duties. To accommodate such absences a Teacher may be appointed as a Teacher in Charge. The Board shall endeavour not to assign a Teacher in Charge in excess of thirty (30) school days in total in a school year.

22:02 A Teacher in Charge shall not be a Principal or a Vice-Principal within the

terms of Part X.1 of the Education Act and shall remain a member of the bargaining unit and not have any legal liability beyond that of a Teacher.

22:03 A Teacher in Charge shall remain a member of the bargaining unit for the duration of the appointment and shall retain all rights and privileges accorded under the terms of the Collective Agreement.

22:04 Except for as provided in the Teaching Profession Act and Regulations

thereunder, a Teacher assigned as a Teacher in Charge shall not be required to participate in the formal evaluation of another member of the bargaining unit.

22:05 The Board agrees to replace a Teacher who accepts a position as a Teacher

in Charge with an Occasional Teacher when requested by the Principal in consultation with the Teacher in Charge.

22:06 The Board may not appoint a Teacher as a Teacher in Charge without the consent of the Teacher. Notwithstanding the foregoing, the Board may appoint a Teacher in Charge without his or her consent in the event no Teacher in the school consents to the appointment.

22:07 (a) Effective September 1, 2012 a Teacher in Charge shall be compensated:

(i) at the rate of $23.33 per day for any absence of the Principal which is greater than one (1) hour in a day but equal to or less than one-half (1/2) day; or

(ii) at the rate of $46.67 per day for any absence of the Principal which is greater than one-half (1/2) day.

Acting Administrator

22:08 The parties recognize that from time-to-time Principals and Vice-Principals may be absent for greater than short term absences. To accommodate such absences a Teacher may be appointed as an Acting Administrator.

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22:09 An Acting Administrator shall not be a Principal or a Vice-Principal within the terms of Part X.1 of the Education Act and shall remain a member of the bargaining unit and not have any legal liability beyond that of a Teacher.

22:10 An Acting Administrator shall remain a member of the bargaining unit for the

duration of the appointment and shall retain all rights and privileges accorded under the terms of the Collective Agreement.

22:11 Except for as provided in the Teaching Profession Act and Regulations thereunder, a Teacher assigned as an Acting Administrator shall not be required to participate in the formal evaluation of another member of the bargaining unit.

22:12 The Board agrees to replace a Teacher who accepts a position as an Acting Administrator with an Occasional Teacher when required.

22:13 The Board may not appoint a Teacher as an Acting Administrator for a period in excess of seventy-five (75) consecutive school days without the consent of the Teacher.

22:14 The Acting Administrator shall be compensated at the daily rate of 1.10 times

A4 Max.

ARTICLE 23 - PROBATIONARY PERIOD FOR TEACHERS

23:01 For the initial full year of employment with the Board, a Teacher will be on probation. The one year probationary period may be extended at the discretion of the Board, for a period of up to one year.

BENEFITS

ARTICLE 24 - EMPLOYEE INSURED BENEFITS

24:01 The Board will arrange benefit plans but does not assume liability for any

plan and will pay ninety-five percent (95%) [employees pay five percent (5%)] of the premium for the following:

(a) Great West Life Extended Health Care Plan - or its equivalent (including semi-private coverage; four hundred dollars ($400) optical benefit every two years, which may include laser surgery twice per lifetime; basic eye examination - once every twenty-four (24) months; chiropractic services – four hundred ($400) dollars per year; massage therapy – four hundred ($400) dollars per year. It is understood that the drug plan provides for generic substitution unless the doctor prescribes otherwise for legitimate reasons.

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(b) Great West Life Dental Plan - Dental 1, 2, 3 and 4 Charges, as specified in Great West Life Group Plan 56118 Insurance Plan Booklet or its equivalent. The Dental Plan provides recall for examination after nine (9) months.

(c) Dental Plan based on rates as follows:

Current year O.D.A. fee guide.

Orthodontic rider - two thousand five hundred dollars ($2,500) lifetime at fifty percent (50%) coverage.

(d) Group Life Insurance (includes Accidental Death and Dismemberment) at three times annual salary to a maximum of two hundred fifty thousand dollars ($250,000) per Teacher.

(e) Life Insurance Benefits shall cease at age sixty-five (65).

Where applicable, the Board will amend the coverage by changing the existing dependant‟s coverage from age 21 to 25, with the existing conditions continued.

24:02 Long Term Disability Plan

(a) The Board shall arrange for a Long Term Disability Plan but does not assume any liability for the plan and will not contribute to the premium.

It is understood that the Plan is controlled by the Plan participants according to the provisions as set out in the Letter of Understanding re: L.T.D. Plan Committee.

(b) The Plan shall contain the following components subject to (c) below:

Elimination Period - sixty (60) continuous working days.

Monthly Indemnity - sixty percent (60%) to a maximum benefit of seven thousand five hundred ($7,500) plus required registered pension plan contributions.

Benefits cease at age sixty-five (65).

Sick leave benefits cease after:

(i) for persons with less than 60 sick days accumulated, at the expiry of the sick days accumulated;

(ii) sixty (60) working days*;

(iii) expiration of any sick leave*; or

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(iv) expiration of any leave of absence.

*At the option of Plan Member

A Teacher on Long Term Disability will be granted a leave of lesser of two (2) years or the length of time on disability.

A Teacher going on Long Term Disability will retain (but not add to) his/her accrued seniority.

(c) The LTD Plan Committee, as provided for under Letter of Understanding, shall have the authority to alter the Plan provisions as specified in (b) in accordance with the terms of its responsibilities.

24:03 The Board may change the stated insurance carriers of benefit plans outlined

in section 24:01 during the term of this Collective Agreement, only after consultation with the branch affiliates.

24:04 The Board shall continue to contribute the current premiums for the employee benefits as per section 24:01 while an employee is absent on pregnancy or parental leave in accordance with the Employment Standards Act, 2000 provided the Teacher pays the Teacher‟s contribution. A Teacher who has requested and received an Extended Leave shall be notified in writing when his or her Board-paid premiums will cease unless written notification is received from the Teacher confirming that he or she wants to continue to receive these benefits and will pay the full cost of the premiums.

24:05 Teachers who have given birth to a child may choose to use their sick-leave credits for up to six weeks following the birth of their child. Further use of sick-leave credits beyond the six week period, during the pregnancy leave, related to the birth of the child will be based on supporting medical documentation.

24:06 Supplementary Benefit Plan

A Teacher granted a pregnancy leave of absence on and after September 1, 2006, shall be compensated by the Board under a Human Resources and Skills Development Canada approved supplementary benefit plan for the two (2) week waiting period under Employment Insurance at a weekly rate equal to 100% of the Teacher‟s weekly insurable earnings under Human Resources and Skills Development Canada, provided that the Teacher:

(a) is eligible for pregnancy leave benefits under Human Resources and Skills Development Canada; and,

(b) makes a claim to the Board on a form indicating the weekly amount payable by Human Resources and Skills Development Canada.

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This plan shall be subject to approval of Human Resources and Skills Development Canada.

LEAVES

ARTICLE 25 - SPECIAL LEAVES

Preamble

The Teacher shall request a leave in writing. The Board shall have the right to request documentation of the need for, and a time of each request for leave.

25:01 Jury and Witness Leave

If a Teacher is required to serve as a juror in any court of law or is required by subpoena to attend any court of law in any legal proceeding in which the Teacher is not one of the parties involved in the action, the time absent from work shall not be deducted from any Cumulative Sick-Leave bank nor from the Teacher‟s salary. The Teacher shall pay to the Board any amounts received for service as a juror or witness, exclusive of traveling allowances and living expenses.

25:02 Quarantine

Every Teacher is entitled to full salary notwithstanding absence from duty in any case, where, because exposure to communicable disease, he/she is quarantined or otherwise prevented by the order of the medical health authorities from attending upon regularly assigned duties. There will be no deduction from Sick-Leave or Cumulative Sick-Leave Credits.

25:03 Leave to Write Examinations

This covers an absence from duty of a staff member to permit him/her to write examinations leading to the advancement of the Teacher‟s academic or professional qualifications. A written request for an absence under this clause shall be for the period of the examination only, plus any reasonable travel time to the place of the examination, to a maximum of two (2) days.

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25:04 Leave for Association Meetings

(a) On written request a Teacher, exclusive of Local Bargaining Unit presidential role, will be granted a leave of absence in order to participate in a professional association function related to his/her position on the Executive of the Local Bargaining Unit of the Association, exclusive of functions concerned with salary negotiations. This absence is limited to a maximum accumulated total of twenty four (24) days for all Teachers. Such leave will be at the discretion of the Board; the Board agrees not to exercise the discretion in an unreasonable manner.

(b) Release time shall be granted to the O.E.C.T.A. President without prejudice, loss of position, responsibility, salary, benefits, teaching experience or seniority. The Unit President shall be released on either a 50%, 75% or 100% basis or as mutually agreed by the Board and the Unit President with costs of salary, allowance pursuant to Article 7 and benefits to be fully recovered by O.E.C.T.A. Local Bargaining Unit.

(c) The Board will pay a teacher who assumes the Unit President position an additional allowance as approved by O.E.C.T.A. or the Unit as long as written authorization is provided that O.E.C.T.A. will reimburse the Board for the full costs.

Any costs related to these days shall be reimbursed by the O.E.C.T.A. Local Bargaining Unit as agreed to annually.

25:05 Paternity Leave

A male Teacher will be granted paternity leave to a maximum of two (2) days upon the birth of his child.

25:06 Funeral Leave

(a) Each Teacher will be allowed a leave of absence without deduction of salary up to a maximum of five (5) consecutive days excluding weekends for the death of an immediate relative who shall be children, step child, foster child in the Teacher‟s care, spouse, fiancé(e), grandparent, grandchildren, parent, sibling, father or mother-in-law, son or daughter-in-law, brother or sister-in-law.

(b) With the approval of the Director of Education, the foregoing shall apply to the death of a sister in the Teacher‟s religious community.

(c) Each Teacher will be allowed a leave of absence without deduction of salary up to a maximum of one (1) teaching day for the death of an aunt, uncle, niece or nephew.

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(d) At its sole discretion the Board may allow a leave of absence without pay where a Teacher wishes to attend a funeral other than specified above.

25:07 Leave Without Explanation

A Teacher shall be granted personal leave with pay to a maximum of two (2) days per school year without the necessity of explanation provided:

(a) the Teacher provides written notification of the leave at least one (1) week prior to the date of the leave

(b) the leave is not on a day immediately preceding or following

(i) the Christmas break;

(ii) the March break; and

(iii) the summer break.

(c) the leave does not coincide with

(i) professional development activities;

(ii) opportunities to report to parents; or

(iii) a special school activity as determined by the Director or designate.

In the event the request is denied as a result of clause 25.07 (c) (iii) the Teacher may request the Director to reconsider whether the Teacher is required for the special school activity; and

(d) no more than one (1) person from any school may be away on a personal leave day at any one time. Leaves shall be granted on a first-come first-serve basis.

Notwithstanding the foregoing, the provisions in subsections 25:07 (a), (b), (c) and (d) shall not apply:

(e) where the leave is used to care for the Teacher‟s sick dependent who permanently resides at the Teacher‟s place of residence; or

(f) where a Teacher has made every reasonable effort to reach his or her place of employment or any other accessible Board school, but is prevented due to road closures.

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25:08 Inclement Weather

Where a Teacher has made every reasonable effort to reach his or her place of employment but is prevented due to inclement weather, and has thereafter made every reasonable effort to reach another accessible school but is prevented due to inclement weather, then the day shall be granted as leave without loss in pay or deduction from sick-leave.

25:09 Other Leaves

A Teacher may be granted up to five (5) days leave per school year without salary deduction or deduction from sick-leave credits at the sole discretion of the Director of Education. A request under this Article must be accompanied by a request under subsection 25:07 for any days not taken under that article. It is understood that any days available under subsection 25:07 will be utilized first.

The Director shall have the right to request in confidence, documentation of the need for, and time of each request for leave.

25:10 Extended Leaves

A Teacher may be granted an additional leave of up to five (5) days per school year:

(a) two (2) days of which shall be without salary deduction but with deduction from sick-leave credits and

(b) three (3) days shall be without pay or deduction from sick-leave credits

at the sole discretion of the Director of Education.

The Director shall have the right to request in confidence, documentation of the need for, and time of each request for leave.

25:11 Parenting Leave

(a) “Parenting leave” shall be defined as maternity, adoption, parental leave under the terms of the Employment Insurance Act and the Employment Standards Act, 2000.

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(b) (i) The Parenting Leave may be extended by agreement with the Board to the end of a natural break in the school year, the entire leave not to exceed two (2) years. The request for this extension may be made at the time the leave pursuant to the Employment Standards Act, 2000 is initially requested up to one week prior to the scheduled expiry of the said statutory leave. A request for an extension to the statutory leave which is scheduled to expire at a time other than a natural break, must be made at the time the initial statutory leave is requested, unless otherwise required by medical direction.

A Teacher who takes an extended leave according to the foregoing, will not be entitled to extend the said leave pursuant to Article 26.

The obligation of the Board to reinstate the Teacher according to subsections 43(1) and (2), of the Employment Standards Act, 2000, ceases, seventeen weeks after the beginning of pregnancy leave, except where subsection 43(2) of the said Act takes precedence. Any Teacher on an extended maternity leave shall be returned to a comparable position as per the Employment Standards Act, 2000.

(ii) A Teacher shall be entitled, on return to teaching after parenting leave, to the total number of sick-leave days accumulated before the commencement of the parenting leave less any sick-leave days in the event the Teacher is absent due to sickness immediately following the parenting leave and before the return to teaching.

(iii) The Board shall contribute premiums for benefits for a Teacher while on pregnancy leave or parental leave or both, during the period defined by the Employment Standards Act, 2000, as amended from time-to-time, as if the Teacher was not on the leave, provided that the Teacher contributes his or her contribution to the said premium. The Teacher shall assume the full cost of the premiums for the benefits during any extended leave.

25:12 Political Leave

A Local Bargaining Unit member successful in provincial, or federal elections shall be granted a leave of absence, without pay, for up to five (5) years at his/her request.

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ARTICLE 26 - LEAVE OF ABSENCE WITHOUT PAY

26:01 A Teacher may be granted a leave of absence without pay for the period as

the Board in its sole discretion may determine which shall not be exercised in bad faith:

(a) September 1st to December 31st;

(b) January 1st, to August 31st;

(c) September 1st to August 31st; or

(d) such other period less than a school year.

26:02 In the event the Board in its sole discretion grants such a request to a Teacher during his or her probationary period, the Teacher, the Association and the Board agree that the time on leave shall not be counted in the calculation of the Teacher‟s probationary period pursuant to section 23:01.

26:03 The Teacher must request the leave in writing. A request must be made:

(a) by April 1st for a leave commencing on September 1st; or

(b) by October 1st for a leave commencing on January 1st; or

(c) as soon as practicable for a leave commencing on a date other than September 1st or January 1st.

Notwithstanding the foregoing, the Board may in its sole discretion waive the above requirements.

26:04 The Board will inform the applicant in writing:

(a) by May 15th for a leave commencing on September 1st;

(b) by November 15th for a leave commencing on January 1st; or

(c) as soon as practicable for a leave commencing on a date other than September 1st or January 1st.

26:05 The leave may be granted by the Board in its sole discretion which shall not be exercised in bad faith. Without limiting the generality of the above, the Board in its sole discretion may not grant the leave if the Board is unable to find a Teacher to replace the applicant who the Board considers suitable.

26:06 The parties each recognize the significant importance of the Teacher advising the Board as soon as possible that he/she does not intend to return from a leave of absence.

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It is agreed that a Teacher is required to reconfirm to the Board in writing:

(a) During the month of April for a leave ending on August 31st;

(b) During the month of October for a leave ending on December 31st;

that he or she intends to return from the leave. A Teacher who fails to advise the Board in writing by the above dates shall lose his or her seniority and be deemed to have terminated his or her employment with the Board without right of recall.

26:07 A Teacher on leave will not accrue sick-leave credits nor be entitled to

access any bank of unused sick-leave credits.

26:08 Notwithstanding any other provision in this Collective Agreement, a Teacher

on leave will not accumulate seniority or service while on leave.

26:09 Upon return from the leave of absence, the Teacher shall be assigned to his

or her former or comparable position with the Board. It is understood that a Teacher is designated to a school and not to a grade assignment.

26:10 A Teacher on leave of absence will be entitled to participate in employee insured benefits, subject to the conditions of the insurance plan(s) provided he or she prepays the full premium for any insured benefits for the period of the leave. While on leave, any benefits tied to salary shall be structured according to the salary the Teacher would have received in the year prior to taking the leave.

26:11 Family Medical Leave

A Teacher is entitled to a leave of absence without pay for family medical leave of up to eight weeks to provide care or support to:

(a) The Teacher‟s spouse

(b) A parent, step parent or foster parent of the Teacher

(c) A child, step child or foster child of the Teacher or the Teacher‟s spouse

(d) A sibling

(e) Any individual prescribed as a family member for the purpose of this Leave pursuant to the Employment Standards Act, 2000 or Regulations thereunder

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if a qualified health practitioner, as defined by the Employment Standards Act, 2000 issues a certificate stating that the individual has a serious medical condition with a significant risk of death occurring within a period of 26 weeks or such shorter period as may be prescribed by the Employment Standards Act, 2000 or Regulations thereunder.

The terms of the Family Medical Leave shall be as provided by the Employment Standards Act, 2000 and Regulations thereunder and in the event of conflict with the Employment Standards Act, 2000 and Regulations thereunder and this section, the Employment Standards Act, 2000 and Regulations thereunder shall prevail.

ARTICLE 27 - DEFERRED SALARY LEAVE PLAN

27:01 Preamble

The Superior North Catholic District School Board and the Association assume no responsibility for any consequences arising out of this plan relative to effects on Teachers‟ Pension Plan provisions, income tax arrangements, Employment Insurance, the Canada Pension Plan, group insurance or any other liabilities incurred by a Teacher as a result of participation in this plan.

27:02 Description

The deferred Salary Leave Plan is developed to afford Teachers the opportunity of taking one (1) year of leave of absence without pay and of financing the leave through deferral of salary. It is understood that no more than two (2) participating Teachers may be on leave under this plan in any one (1) school year.

27:03 Eligibility

Any Teacher having three (3) or more years seniority with the Board (according to Article 12) is eligible to apply for participation in the Plan.

27:04 Application

(a) A Teacher must make written application to the Director of Education on or before January 31st to participate in the Plan commencing in September of the same calendar year and indicate the choice of the 3, 4, 5, 6, or 7 year plan.

(b) A committee composed of up to two (2) O.E.C.T.A. appointees, who shall not be applicants for that year, and up to two (2) Board appointees shall meet to review the applications for the purpose of making recommendations to the Board concerning acceptance or denial of same.

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(c) Acceptance of a Teacher‟s application will be at the sole discretion of the Board which shall not be exercised in bad faith.

(d) Decisions regarding applications will be forwarded, in writing, to the Teacher, by May 1st in the school year in which the request is made.

27:05 Implementation of the Plan

The financial arrangements for funding the year of leave shall be arranged by mutual agreement between the Teacher and Board:

(a) Each Teacher in the Plan shall sign an agreement as per section 27:09 with the Board. The agreement shall specify the terms and conditions agreed to by the Teacher and the Board.

(b) A separate account will be established with the Board‟s bank for each Teacher in the Plan. The deferred earnings shall be deposited to this account on the regularly established pay dates, where it shall be retained by the Board for the Teacher and accumulate interest until the year of leave or dissolution of the agreement between the Board and the Teacher.

(c) Upon signing of the Agreement by the Teacher and the Board, the Teacher shall have the option of selecting one of the interest bearing accounts available under this plan.

(d) Thereafter, the Teacher, with approval of the Manager of Finance, may choose an alternate interest bearing account available under this plan and have the appropriate funds transferred thereto.

(e) In each year of the Plan, preceding the year of leave, a Teacher will deposit a percentage of his/her proper grid salary and applicable allowance in accordance with the Agreement.

(f) In the year of leave the Board shall pay to the Teacher the total of the deferred salary plus all accrued interest in instalments conforming to the regular pay periods set forth in the Collective Agreement in effect for the year of leave.

(g) While a Teacher is enrolled in the Plan, and not on leave, any benefits tied to salary level shall be structured according to the salary the Teacher would have received had he/she not been enrolled in the plan.

(h) A Teacher‟s employee benefits will be maintained by the Board during his/her leave of absence, subject to conditions of the insurance plan(s). However, the premium cost of all employee benefits shall be paid by the Teacher during the period of leave.

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(i) While on leave, any benefits tied to salary shall be structured according to the salary the Teacher would have received in the year prior to taking the leave had he/she not been enrolled in the Plan.

(j) The Board shall deduct the amounts required for Income Tax, Employment Insurance, Canada Pension, Teachers‟ Pension Plan, and any benefits in the Collective Agreement. The amounts deducted will be controlled by rulings as received from the Teachers‟ Pension Plan, Revenue Canada, and the Board‟s insurers.

(k) The Teacher agrees to indemnify and save the Board harmless against all claims or demands or other forms of liability against the Board by any person that may arise out of, or by reason of; deductions made in accordance with this Article.

27:06 Terms of Reference

(a) Upon the return of a Teacher from a Deferred Salary Leave, the Board shall endeavour to assign a Teacher to his or her former or comparable position with the Board. It is understood that Teachers are designated to a school and not to a grade assignment.

(b) Sick-leave credits will not accumulate during the year spent on leave. Upon return, the Teacher shall be credited with the same number of accumulated sick-leave days he/she had before going on leave. The Teacher will not be entitled to access any bank of unused sick-leave during the leave.

(c) The year of leave shall be recognized for the accumulation of seniority, but not for salary increments.

(d) The year of leave shall not be recognized in the determination of any retirement gratuity.

(e) All Teachers wishing to participate in the Plan shall be required to sign a contract as per section 27:09 supplied by the Board.

27:07 Withdrawal from the Plan

(a) A Teacher may withdraw from the plan at any time prior to March 1st in the year in which his/her leave is to begin. All accumulated funds, including interest, shall be paid to the Teacher within sixty (60) days.

(b) In the event that a suitable replacement cannot be hired for a Teacher who has been granted a leave, the Board may defer the year of leave. In this instance, the Teacher may choose to remain in the Plan, or receive repayment as per subsection 27:05 (f).

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(c) Should subsection 27:07 (b) result in a leave of absence being taken past the original designated year of leave, any monies accumulated by the terminal date will remain in the account and continue to accumulate interest until the leave of absence is granted.

(d) Should a Teacher die while participating in the Plan, any monies accumulated plus interest accrued at the time of death, will be paid to the Teacher‟s designated beneficiary, or if no beneficiary has been named, to the Teacher‟s estate, providing the legal consents or releases required have been obtained.

(e) Where a Teacher who is a participant in the Plan is declared redundant, the Teacher must withdraw from the Plan and accumulated funds, including interest, shall be paid to the Teacher within sixty (60) days.

27:08 The participating Teacher will be required to enter into an agreement with the Board to indemnify and save the Board harmless against all claims or demands or other forms of liability against the Board by any person that may arise out of, or by reason of deductions made or payments made in accordance with this Article.

27:09 The Superior North Catholic District School Board

APPLICATION AND CONTRACT FOR PARTICIPATION IN THE TEACHER FUNDED DEFERRED SALARY LEAVE PLAN

I have read the terms and conditions of the Superior North Catholic District School Board Deferred Salary Leave Plan and hereby agree to enter the Plan under the following terms and conditions:

Enrolment Date: I wish to enrol in the Plan commencing .

Year of Leave:

I wish to take a Leave of Absence from the Superior North Catholic District School Board from ____________________________ to _____________________________.

Financial Arrangements:

The financing of my participation in the Deferred Salary Leave Plan shall be according to the following schedule:

(a) Commencing September 1, 20_____ I wish to defer ______% of each of my salary payments for the next ______ years.

(b) Annually the Superior North Catholic District School Board agrees to provide me upon request with a statement regarding the status of my account.

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(c) In the year of my Leave, the total monies accumulated as of August 31st of that year will be paid to me according to the terms of Article 27:05 (f) of the Collective Agreement or in either single or in two lump sum payments as mutually agreed between myself and the Board.

(d) I hereby designate the following person as my beneficiary to receive all my accumulated funds in the event of my death:

Name of Beneficiary Relationship

(e) It is understood that the Superior North Catholic District School Board and O.E.C.T.A. assume no responsibility for any consequences arising out of this Plan related to effects on my Teachers‟ Pension Plan provisions, income tax arrangements, Employment Insurance, the Canada Pension Plan, Group Insurance, or any other liabilities incurred by me as a result of my participating in the Plan. I agree to indemnify and save the Board harmless against all claims or demands or other forms of liability against the Board by any person that may arise out of, or by reason of, deductions made in accordance with the deferred salary leave plan.

Teacher‟s Signature Witness

Director of Education Witness

Board Chairperson Witness

Teacher‟s Present School Present Assignment

Date

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ARTICLE 28 - GRIEVANCE PROCEDURE AND ARBITRATION

28:01 The purpose of the grievance procedure is to secure, at the lowest possible

administrative level, solutions to grievances which may arise from time-to- time.

28:02 (a) A grievance shall be defined as a complaint by a Teacher, a group of Teachers, the Association or the Board relating to the interpretation, application, or administration of the Agreement, or an allegation that this agreement has been contravened.

(b) (i) Individual Grievance: A grievance lodged by the Association on behalf on of an individual Teacher.

(ii) Group Grievance: Where more than one Teacher has a grievance arising from the same set of circumstances, such grievances may be combined and submitted collectively as a group grievance. Group grievances shall commence at Step 2 of the Grievance Procedure.

(iii) Policy Grievance: A grievance submitted by the Board alleging a violation by the Association, their officers, a Teacher or a group of Teachers or a grievance submitted by the Association which is not an individual or group grievance and which affects a majority of the Teachers. A policy grievance by the Board shall commence at Step 3 and the executives of the Local Bargaining Unit shall be substituted for the Board in the Step. A policy grievance by the Association shall commence at Step 2.

28:03 A grievance, to be acceptable under this Agreement, shall be in writing, shall

specify the Article or Articles allegedly violated, shall contain a precise statement of facts relied upon, shall indicate the relief sought and shall be signed by the Unit President or designate.

28:04 Any notice required under this Article shall be in writing, by confirmed email

or personal delivery, to the parties at their respective mailing addresses.

28:05 Time limits specified in this Article must be honoured and may be amended

only by written mutual agreement of all parties. Failure of the Board, in the case of a grievance initiated by the Board, or failure by the Association, in the case of a grievance initiated by the Association to abide by the time limits for processing the matter through the grievance process or to arbitration shall deem the matter abandoned.

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28:06 Step 1 - Informal Stage:

(a) The Teacher having a complaint arising out of this agreement shall first discuss the complaint with his/her Principal or immediate supervisor. The Teacher must submit a written summary of the complaint to the Principal.

(b) The complaint must be received within twenty (20) school days after the Teacher became aware, or would reasonably have been expected to become aware, of the circumstances giving rise to the complaint.

(c) The complainant may be accompanied by a representative of his/her Local Bargaining Unit.

(d) The Principal or immediate supervisor shall reply, in writing, within fifteen (15) school days after receipt of the complaint. Failing satisfaction with the reply, or upon the failure of the Principal or immediate supervisor to reply within the time specified, the complaint shall become a grievance and may be processed to Step 2.

28:07 Step 2 - Formal Stage:

(a) If the grievance is unresolved at Step 1, then within ten (10) school days of either the reply or the time permitted for the reply if the Principal or immediate supervisor did not reply, the grievance shall be submitted, in writing, to the Director of Education. A meeting shall be scheduled with the Director, the grievor and Association representative, at a place as the parties may mutually agree. Failing such agreement about the place for the meeting by video conference/teleconference, the meeting or video conference/teleconference shall be held within ten (10) school days of the receipt of the grievance, or such other time as the parties may mutually agree.

(b) In the case of a group grievance or Association policy grievance, the grievance shall be submitted in writing, to the Director of Education or his/her designate within fifteen (15) school days of the incident giving rise to the grievance. At the time of submission, a representative of the Local Bargaining Unit may be accompanied by one member of the group. A meeting shall be scheduled with the Director, a member of the group and Association representative, at a place as the parties may mutually agree. Failing such agreement about the place for the meeting by video conference/teleconference, the meeting or video conference/ teleconference shall be held within ten (10) school days of the receipt of the grievance, or such other time as the parties may mutually agree.

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(c) The Director of Education shall reply, in writing, within ten (10) school days following the meeting. Failing satisfaction with the reply, or upon failure of the Director to reply within the time specified, the complaint may be processed to Step 3.

28:08 Step 3 - Board Stage:

(a) Failing satisfaction with the reply in Step 2 above, then within ten (10) school days of either the reply or the time permitted for the reply if the Director of Education did not reply, the grievance shall be submitted to the Director of Education to be submitted to the Committee of the Whole of the Board of Trustees. The grievance shall be presented to the next scheduled Committee of the Whole provided it is received by the Director seven (7) calendar days prior to the delivery of the agenda for that Committee of the Whole meeting and to the following Committee of the Whole meeting if it is not.

(b) In the case of a Board policy grievance, the grievance shall be submitted, in writing, within fifteen (15) school days of the incident giving rise to the grievance.

(c) The grievor may be accompanied by up to three (3) representatives of the Association.

(d) The Board shall reply in writing within ten (10) school days following the meeting. Failing satisfaction with the reply, or upon failure of the Board to reply within the time specified, the complaint may be processed to Step 4 Arbitration.

28:09 Step 4 - Arbitration:

(a) After having exhausted the Grievance Procedure in Step 1, 2 and 3 above, the grievor may, within ten (10) school days following receipt of the reply in Step 3 above, or within ten (10) school days following the time permitted for a reply in Step 3 above in the event the Board does not reply, notify the other party, in writing, of its intention to submit the matter to arbitration.

(b) The recipient of the notice shall, within seven (7) school days of the notice of submission to arbitration, inform the other party of the name of its appointee to the arbitration board.

(c) Where two appointees are so selected they shall, within seven (7) school days of the appointment of the second of them, appoint a third person who shall be the chairperson.

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(d) If the recipient of the notice fails to appoint an arbitrator or the two appointees fail to agree upon a chairperson within the time limited, the appointment shall be made by the Office of Arbitration upon the request of either party.

(e) Each party may be represented at the arbitration by a representative of its choice.

(f) The single arbitrator or the arbitration board, as the case may be, shall hear and determine the difference or allegation and shall issue a decision and the decision is final and binding upon the parties and upon any employee or employer affected by it.

(g) The decision of a majority is the decision of the arbitration board, but if there is no majority, the decision of the chairperson governs.

(h) The arbitrator or arbitration board, as the case may be, shall not by his/her or its decision add to, delete from, modify, or otherwise amend the provisions of this Agreement.

(i) Each of the parties shall bear the fees and expenses of its appointee to the arbitration board and shall share equally the fees and expenses of the chairperson.

(j) Unless mutually agreed otherwise by both parties, the place of an arbitration hearing shall be at a location within the jurisdiction of the school Board, or in the City of Thunder Bay, Ontario.

(k) Each of the parties shall bear the costs incurred by their own witnesses. In the event that a witness for the Teacher(s) must be absent from school, the Association(s) or grievor(s) shall reimburse the Board for the costs incurred for the occasional Teacher(s).

If one of the parties attending the hearing decides to cancel the hearing without notifying the other party within forty-eight (48) hours prior to the hearing, the party cancelling the hearing shall bear the cost of said hearing.

28:10 The parties may by mutual agreement in writing agree to substitute a single

Arbitrator for the tripartite Board of Arbitration at the time of reference to arbitration. In the event the parties agree to a sole Arbitrator, the parties shall have seven (7) calendar days to appoint a chairperson after having exhausted the grievance procedure in Step 1, 2 and 3 above, failing which the appointment shall be by the Office of Arbitration, upon the request of either party.

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ARTICLE 29 - ASSOCIATION REPRESENTATION ON JOINT COMMITTEES

29:01 When the Board establishes a committee to which O.E.C.T.A. representation

is required by the Board or required pursuant to this Collective Agreement or statute, the selection of a representative Teacher(s) of the Board shall be at the sole discretion of the Local Unit Executive.

29:02 Joint Board Level Professional Development Committee

There shall be a Joint Board Level Professional Development Committee to be established in September 2009.

(a) The Board and the Association agree that professional development is job embedded, and informed by research, done in partnership with colleagues.

(b) The Joint Board Level Professional Development Committee will be established in September 2009 consisting of three (3) representatives appointed by the Board and three (3) representatives appointed by the Association.

(c) The representatives of the Teachers and the representatives of the Board shall each nominate one of their number as a Co-Chairperson.

(d) The Joint Board Level Professional Development Committee shall meet three (3) times per year unless the parties mutually agree to meet more or less times during the regular school day and will endeavour to develop consensus on matters within its mandate. Additional meetings may be called at the mutual consent of both Co-Chairs. The first meeting of the Joint Board Level Professional Development Committee will be called prior to September 30th of each school year.

(e) An agenda for each meeting shall be prepared by the Co-Chairs prior to any meeting. The parties will endeavour to provide all information pertinent to the agenda to the Co-Chairs of the Committee at least forty- eight 48 hours prior to any meeting of the committee. The Joint Board Level Professional Development Committee shall be provided with all relevant information to discharge its duties pursuant to this article.

(f) Meetings for the Joint Board Level Professional Development Committee will end no later than 2:30 p.m.

29:03 Joint Board Level Staffing Committee

(a) The Joint Board Level Staffing Committee will be established in September 2009 consisting of three (3) representatives appointed by the Board and three (3) representatives appointed by the Association.

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(b) The representatives of the Association and the representatives of the Board shall each nominate one of their number as a Co-Chairperson.

(c) The Joint Board Level Staffing Committee shall meet three (3) times per year unless the parties mutually agree to meet more or less times, during the regular school day, and will endeavour to develop consensus on matters within its mandate. Additional meetings may be called at the mutual consent of both Co-Chairs. The first meeting of the Joint Board Level Staffing Committee will be called prior to September 30th of each school year.

(d) Meetings for the Joint Board Level Staffing Committee will end no later than 2:30 p.m.

29:04 EQAO Testing

EQAO and Board mandated assessment will be referred to the Joint Board Level Staffing Committee.

ARTICLE 30 - SCHOOL ASSOCIATION REPRESENTATIVES

30:01 The Teacher has the discretion to invite a representative from the

Association (local representative or alternate or Unit president) who is available to attend a meeting with the Teacher, where the purpose of the meeting is for disciplinary action.

ARTICLE 31 - ASSOCIATION REPRESENTATIVES (Unit Executive)

31:01 The Association shall forward a list of the unit officers to the Board by September 1st of each year.

31:02 The Board shall provide the Association with a list of the appropriate personnel with whom the Association may be required to transact business.

31:03 The authorized representatives of the Association shall be permitted to transact business of the Association with members on Board property, provided such business does not interfere with or interrupt normal operations.

LETTER OF UNDERSTANDING

LONG TERM DISABILITY PLAN COMMITTEE

The following provisions are not part of the collective agreement and are not arbitrable. The parties recognize that the terms represent their understanding of a reasonable process.

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The Plan shall be maintained and directed by a committee, consisting of Plan Members, which shall be known as the Long-Term Disability Plan Committee (hereafter referred to as the Committee). The Committee shall be comprised of members appointed by their respective groups by the end of September of each school year.

The Committee composition shall be in accordance with the following parameters:

(a) three Teachers appointed from the Teacher members in the Plan;

(b) one member from the non-teaching and plant members in the Plan;

(c) one member from the business and general administration members in the Plan.

The Committee shall conduct its business according to the following parameters:

(a) If a member is not appointed by the respective group the seat shall remain vacant until an appointment is made.

(b) A quorum shall consist of three (3) Committee members.

(c) One member from the business and general administration members shall be present.

(d) The chair is responsible for calling meetings and setting the agenda.

(e) The chair shall act on behalf of the committee in fulfilling the actions determined by the Committee.

(f) Minutes of all meetings shall be kept and the Committee members shall be responsible for forwarding these to their respective group(s). Such minutes shall indicate, by motion, the actions by the Committee.

(g) The Committee shall meet at least twice a year.

(h) The LTD Plan must maintain inclusion of all employee groups eligible for full participation in benefits.

The Committee shall have the following responsibilities to the Plan membership:

(a) to tender the Plan from time-to-time to ensure the most favourable rates and conditions;

(b) to approve the disposition of dividends, if any, annually;

(c) to approve changes to the Plan by way of improvement;

(d) to receive any and all reports regarding the Plan subject to ensuring that the confidentiality of all members is maintained;

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(e) to provide an annual statement prior to the final instructional day of each school year.

LETTER OF UNDERSTANDING

RE: TEACHER ASSAULT, HEALTH AND SAFETY, ADMINISTRATION OF MEDICATION, AND HARASSMENT

The Board shall provide O.E.C.T.A. with an opportunity to respond to any change which the Board wishes to make with respect to the policies about teacher assault, health and safety, administration of medication, and harassment prior to making the change.

LETTER OF UNDERSTANDING

TEACHER EVALUATION

The Board shall review with OECTA representatives any changes which the Board intends to make to the Performance Appraisal. To assist in this regard, there shall be a Performance Appraisal committee which includes three (3) representatives of OECTA. The OECTA representatives shall be involved and participate in any revisions to the Performance Appraisal Policy.

LETTER OF UNDERSTANDING

RE: SECTION 19:02(D) (PART-TIME TEACHER BENEFITS)

Notwithstanding section 19:02 (d), the Board will contribute its full contribution towards benefits for a Teacher who was teaching part-time at May 20, 1999 and for whom the Board was paying its full contribution towards premiums at that time. For greater clarification, where the parties had agreed to a co-insurance of 95% / 5%, the Board‟s full contribution was 95% of the premium.

LETTER OF UNDERSTANDING

LENGTH OF SCHOOL YEAR AND LENGTH OF SCHOOL DAY

The Board agrees that for the 2012-2013 and 2013-2014 school years, it will maintain its existing practice for the length of the school year and the length of the school day. It is understood that if the Ministry requires a change in the length of the school year or the length of the school day, the Board shall accordingly change the length of the school year or the length of the school day and this shall not constitute a breach of this agreement.

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LETTER OF UNDERSTANDING

OFFENCE DECLARATION FORM

Provided there is no statutory or regulatory requirement to change the Offence Declaration Form, the Board shall not alter the Offence Declaration Form as it exists as of September 22, 2004 without the agreement of the Union.

LETTER OF UNDERSTANDING

RETIREMENT GRATUITY PROVISION FROM PREDECESSOR BOARD - NORTH OF SUPERIOR DISTRICT R.C.S.S. BOARD

Retirement Gratuity Plan

The object of the plan is to provide Teachers of the Board upon retirement with a gratuity in the manner set out below:

Gratuity

For Teachers hired prior to September 1995:

Upon retirement, each Teacher shall be granted a retirement gratuity for a period equal to the unexpended portion of his/her accrued sick-leave credits in accordance with the following formula. In no case shall the years of service exceed twenty (20) and the days‟ credit in reserve exceed two hundred (200).

For Teachers hired after August 31, 1995:

Upon retirement, each Teacher shall be granted a retirement gratuity for a period equal to the unexpended portion of his/her accrued sick-leave credits in accordance with the following formula. In no case shall the years of service exceed twenty-five (25) and the days‟ credit in reserve exceed two hundred (200).

Formula: P X SLC X AS ÷ 200 (two hundred) P - percentage rate as outlined below SLC - days‟ credit in the sick-leave reserve AS - annual salary on date of retirement

52

Percentage rates: For Teachers hired prior to September 1995 shall be:

After ten (10) years‟ service with the Board - ten percent (10%) increasing four percent (4%) for each year‟s service to a maximum of fifty percent (50%) after twenty (20) years‟ service with the Board. “Board” defined in this clause includes former Boards involved with the combination in January 1976.

For Teachers hired after August 31, 1995 shall be:

After ten (10) years‟ continuous service with the Board - five percent (5%) increasing three percent (3%) for each year‟s service to a maximum of fifty percent (50%) after twenty-five (25) years‟ service with the Board. “Board” defined in this clause includes former Boards involved with the combination in January, 1976.

In the event of the death of an employee after retirement, but before payment of the full benefits of the retirement gratuity as provided above, such remaining benefits shall be paid to his/her estate.

A Teacher who plans to retire must advise the Board in writing by April 30th of the year of retirement in order to receive payment of his/her retirement gratuity in September of the year of retirement or the January following, at the choice of the Teacher. Where notification is given after April 30th, payment shall be made in September of the following calendar year.

LETTER OF UNDERSTANDING

RETIREMENT GRATUITY PROVISION FROM PREDECESSOR BOARD - GERALDTON DISTRICT R.C.S.S. BOARD

Definition:

A gratuity in appreciation of services rendered is based on the number of days credited to the Teacher in the Cumulative Sick-Leave Plan at the date the Teacher leaves the employ of the Board.

Upon termination of employment, a Teacher who was an employee of this Board on August 31, 1982, and who has fifteen (15) years of continuous service with this Board, will have the option of transferring the unused days standing to his/her credit in the sick leave account to the next employing Board, or receiving a cash gratuity based upon the teacher‟s rate of pay at the time of the request for the gratuity, based on the number of days accumulated with this Board, in accordance with the following scale:

53

15 yrs. service - 15% Cumulative Sick-Leave Credits x1/200 of annual salary at the date the teacher leaves

17 yrs. service - 20% Cumulative Sick-Leave Credits x1/200 of annual salary at the date the teacher leaves

20 yrs. service - 30% Cumulative Sick-Leave Credits x1/200 of annual salary at the date the teacher leaves

23 yrs. service - 40% Cumulative Sick-Leave Credits x1/200 of annual salary at the date the teacher leaves

25 yrs. service- 50% Cumulative Sick-Leave Credits x1/200 of annual salary at the date the teacher leaves

The gratuity shall be based on a maximum of 200 days of accumulated sick-leave.

This article shall remain in effect as a binding agreement until such time as the last Teacher affected by it shall have ceased to be in the employ of this Board.

A Teacher whose teaching certificate has been revoked by the Minister of Education in accordance with subsection section 8(1)(13) of the Education Act, will not be entitled to a gratuity.

In the event of the death of a Teacher, the gratuity to which he/she was entitled shall be paid immediately, in full to the deceased‟s estate.

Leave of absence: gratuity is not affected by a leave of absence granted at the discretion of the Board.

Method of Payment:

(i) Upon retirement of a Teacher on a pension under the Teacher’s Superannuation Act or upon the automatic retirement of an employee at the age of 65, payment shall be made in full within 90 days or in three equal payments payable annually over a period not exceeding three years, at the discretion of the employee.

(ii) In all other cases the gratuity will be paid in three equal payments payable annually over a period not exceeding three years.

A Teacher who plans to retire must advise the Board in writing by April 30th of the year of retirement in order to receive payment of his/her retirement gratuity in September of the year of retirement or the January following, at the choice of the Teacher. Where notification is given after April 30th, payment shall be made in September of the following calendar year.

54

LETTER OF UNDERSTANDING

PAYMENT IN LIEU OF RETIREMENT GRATUITY

This letter is included for information only.

For the 2001-2002 school year the following Teachers shall be paid in lieu of any retirement gratuity or payment in lieu thereof, a lump sum payment of seven hundred and fifty dollars ($750) for those Teachers who are employed full-time and pro-rated for Teachers who work less than full-time. The payment shall be made at school year-end to:

L. Curtis S. Forbes H. Maenpaa N. Tucker L. McPherson B. J. Mercier D. Allen L. Desrosiers L. Olenik C. Marino

This letter shall be discontinued following the 2001-2002 school year.

LETTER OF UNDERSTANDING

MENTORING

In the event the Board is directed by the Ministry of Education to implement a Teacher Mentoring Program, there shall be a Teacher Mentoring program committee which includes three (3) representatives of OECTA. The OECTA representatives shall be involved and participate in the development of the Teacher Mentoring Program.

LETTER OF UNDERSTANDING

BENEFIT BOOKLET

The Board will request a copy of the master benefit plan from the insurer upon request for the said master plan by the Union and will provide the same to OECTA upon receipt.

LETTER OF UNDERSTANDING

JOINT BOARD LEVEL PROFESSIONAL DEVELOPMENT COMMITTEE

The Joint Board Level Professional Development Committee will promote a focus on learning, collegiality, respect for professionalism, a commitment to continuous learning, collective inquiry into best practice, innovation and experimentation to improve teaching and student learning. Therefore:

55

(a) The Joint Board Level Professional Development Committee will recommend ways in which funds generated by the allocation in the Grants for Students Needs for professional development will be used to enhance professional learning opportunities for Teachers.

Notwithstanding the foregoing, the Joint Board Level Professional Development Committee will approve ways in which the Elementary panel‟s share of the funds generated pursuant to section 5 of the PDT Agreement, will be used to enhance professional learning opportunities for Teachers which is to be consistent with the learning goals identified in the Teachers‟ Annual Learning Plans.

The calculation of the Elementary panel‟s share shall be done according to the provisions of the PDT Agreement.

(b) The Joint Board Level Professional Development Committee will promote best practice in the implementation of professional learning which shall be embedded in the instructional day.

(c) The Joint Board Level Professional Development Committee will consult and advise on other issues related to teacher professional learning as agreed to by the Board and the Association.

(d) The Joint Board Level Professional Development Committee will promote best practices in sustaining successful Catholic Professional Learning Communities.

(e) The Joint Board Level Professional Development Committee will advise the Board in a timely manner, regarding the scheduling of appropriate professional activities for the subsequent school year.

(f) The Joint Board Level Professional Development Committee will review expenditures on an on-going basis generated by the allocation in the Grants for Student Needs to enhance professional learning opportunities for Teachers.

LETTER OF UNDERSTANDING

JOINT BOARD LEVEL STAFFING COMMITTEE

Preamble

The Joint Board Level Staffing Committee (JBLSC) is established in order to provide a higher level of openness, disclosure and meaningful consultation, in an atmosphere of openness and transparency. It is intended that the Association be given the opportunity to consult and advise the Board on decisions that impact staffing.

56

(a) An agenda for each meeting shall be prepared by the Co-Chairs prior to any meeting. The parties will endeavour to provide all information pertinent to the agenda to the Co-Chairs of the JBLSC at least forty-eight (48) hours prior to any meeting of the committee. The JBLSC shall be provided with all relevant information to discharge its duties pursuant to this article.

(b) The Board will hire the full complement of additionally funded elementary teachers that result from the new GSN allocation for the reduction of class sizes in Grades 4-8 in accordance with the PDT Agreement and the JBLSC will be engaged in the allocation of additional staff as described below in (f)(v).

(c) The JBLSC will be consulted on the assignment of the teaching staff generated by the increase in elementary teacher preparation time funded in accordance with the PDT Agreement. The parties agree that the baseline average class size of Grades 4-8 for 2008-2009 is to be based on the October 31, 2008 average daily enrolment.

The Board, in consultation with the JBLSC, may assign the additional teaching staff generated by the increase in elementary teacher preparation time above the 2008-2009 level to enable full-time school-based teaching assignments in the Arts in more than one elementary school.

(d) The JBLSC will monitor the use of funding enhancements introduced to enhance funding for student supervision and to promote school safety in elementary schools, through added supervision personnel.

(e) The JBLSC will review and discuss as an agenda item at one of the designated meetings at least once a year, the school board data on Letters of Permission.

(f) The JBLSC will consult and advise on other staffing and workload issues as agreed by the Board and the Association. This includes but is not limited to:

i) Consult and advise on the development of school staffing model(s).

ii) Consult and advise on Board staffing priorities.

iii) Consult and advise on the development of the strategy to expand programming and supports for students in Grades 4 to 8.

iv) Consult and advise on the aggregation of the increase of weekly minutes of elementary preparation/planning time generated within 20 consecutive instructional days, into meaningful blocks of preparation time for elementary teachers.

v) Review, analyze and monitor school staffing data and consult and advise on the allocation of teacher(s) to individual schools, to address the class size reduction in Grades 4-8.

57

vi) Review and analyze school supervision schedules of Teachers and bring any anomalies to the attention of the Board and the Association.

vii) Consult and advise on any other staffing or staffing related issues, as agreed between the Board and the Association.

LETTER OF UNDERSTANDING

EMPLOYEE INSURED BENEFITS

Commencing the later of

(a) on or about February 1, 2010 or

(b) the date that the Board‟s allocation of the $33 million enhancement as per the PDT May 1, 2008 is communicated to the Board

a committee of three (3) representatives from OECTA and three (3) representatives of the Board, shall meet for the purpose of considering potential changes to the Collective Agreement to be effective the 2010-2011 school year with respect to the provision of health and welfare benefits. The local bargaining unit shall assign the allocation of the Superior North Catholic District School Board‟s share of the benefit enhancement funding attributed to OECTA (with respect to this bargaining unit) and as provided through the PDT. It is agreed that any such changes will be in accordance with the provisions of Section 17 of the PDT Agreement, May 1, 2008.

The Board shall provide to the local OECTA Bargaining Unit, the requested disclosure to inform decision making with regard to possible benefit enhancements. The nature of the disclosure will be similar to but not limited to the information provided by Boards in a public procurement process.

LETTER OF UNDERSTANDING

ALTERNATE SCHOOL DAY

It is the intent of both parties that no teacher shall be advantaged or disadvantaged because of their school's timetable. With respect to the Alternate School Day, the following shall apply: (a) The length of instructional time shall be as per the Collective Agreement between

Superior North Catholic District School Board (the “Board”) and Ontario English Catholic Teachers‟ Association (“OECTA”).

(b) The number of minutes of preparation and planning shall be as per the Collective

Agreement between the Board and OECTA.

58

(c) The number of supervision minutes per day shall be in compliance with the Collective Agreement between the Board and OECTA.

(i) Supervision is defined as but not limited to time during the student's lunch

time, time during the nutritional breaks, time before and after the instructional portions of the school day, non instructional time occurring between the entrance and dismissal times both inside the school worksite and outside the school worksite.

(ii) The principal will prepare the supervision schedule and will consult with teaching staff of the school and the OECTA Association Representative.

(iii) Where there is a question of the equity of assignment of supervision time in a school, the Joint Board Level Staffing Committee (JBLSC) will meet to mutually determine a resolution.

(d) No teacher shall deliver more than 120 consecutive minutes of instructional and supervision duty time combined.

(e) A process will be established by the JBLSC for a teacher to take a break, deemed necessary by the teacher, during the school day.

(f) The Board shall provide a mutually acceptable accommodation necessary for any teacher who presents medical documentation that recommends a need to alter a Teacher's schedule.

(g) Voluntary activities shall not be imposed on a teacher as criteria within the context

of the Performance Appraisal process, and shall not interfere with the fair and equitable distribution of workload assignments, including supervision.

(h) Extra-curricular activities, intramural activities and/or supervision of these activities

are excluded for purposes of Teacher Performance Appraisal.

(i) The beginning and ending of the instructional day may vary slightly from school to school, as it does currently in schools in the Board's jurisdiction.

i) The structure of the student's school day in an Alternate School Day shall be as follows:

100 minute Instruction Time

30 minute break (10 min. nutritional break, 20 minutes recess)

100 minute Instruction Time

40 minute break (20 min. nutritional break, 20 minutes recess)

100 minute Instruction Time

59

ii) For the purposes of an Alternate School Day, the morning shall end midway through the second instructional block of time. The afternoon block shall begin immediately thereafter and end at the end of the instructional day.

iii) Occasional Teachers' assignments will remain the same as a traditional school. If an Occasional teacher assignment goes beyond the midway point of the second instructional block of time, then they shall be paid a full day's salary.

j) No teacher will be transferred to an Alternate School Day without their agreement. The only exception shall be a program need where no qualified teacher has applied or is willing to move. Should a teacher be required to be transferred, it will be done in accordance with the Collective Agreement and after discussions between the Human Resources Officer, the Superintendent, the Local Bargaining Unit President and the Principal.

k) The number of minutes for a Teacher's lunch will be as per the Collective Agreement between the Board and OECTA. The timing of the lunch will be during the second nutrition break.

l) Part-time teachers will teach the same number of minutes as they would in a traditional day school.

m) Should the Board, at any time, commence half-day Junior Kindergarten or Senior Kindergarten classes, the Board and OECTA shall meet to determine any issues of workload for these teachers in an Alternate School Day.

n) Teachers attending a half-day Professional Development/In-service shall be provided a lunch break exclusive of travel time and/or time attending the in-service. All teachers regardless of the organization of the school day shall be afforded the same in-service opportunities during the instructional day.

o) If the Board is considering the implementation of an Alternate School Day schedule, the following process will occur:

(i) The Board shall so notify the OECTA, Representative and the Elementary Unit President.

(ii) There will be an opportunity for full discussion and consultation by the teaching staff during a scheduled meeting comprised of the school administrative team, the teaching staff and the OECTA President or designate.

60

(iii) After the consultation process, a vote by secret ballot of the teaching staff shall be conducted by the OECTA Representative and the Principal. If 75% (seventy-five percent) of the teaching staff choose to adopt an Alternate School Day, the principal shall proceed with implementation in accordance with the Board's direction. If 75% (seventy-five percent) is not achieved, the school shall remain with a traditional schedule.

(iv) This process must be completed prior to April 1st of the current school year in order to comply with transfer and vacancy requirements of the Collective Agreement. Teachers who do not wish to remain on the staff of a school that has voted to implement an Alternate School Day shall be given first consideration during the transfer procedure, in order to facilitate being moved to a traditional schedule school.

(v) In each subsequent year the principal shall consult with the teaching staff, by April 1st with regard to maintaining the Alternate School Day for the new school year commencing the following September 1st.

(vi) After the consultation process and prior to April 1st, a vote by secret ballot on the principle of the question of maintaining the Alternate School Day schedule.

p) Should 2/3 (two-thirds) or more of the teaching staff vote against continuation of the Alternate School Day, the school shall return to a Traditional School Day schedule for the following September 1st.

LETTER OF UNDERSTANDING

RE: TRAVEL

Effective September 1st, 2013, when a teacher is required to perform duties at a site which is more than fifty (50) kilometers from his/her home school, then he or she shall have the opportunity to attend in person or via remote interactive technology from his/her home school.

Should the Board be unable to provide the above option for teacher participation in professional development or meetings, then the following section shall supercede section 5.05 in the Collective Agreement until such time that the Board has installed the relevant remote interactive technology. Once the Board has installed the relevant remote interactive technology, the terms set out in section 5.05 in the Collective Agreement will apply.

61

The determination of whether a Teacher is required to attend in person or via remote interactive technology will be made by the Board considering a range of factors, such as the nature of the in-service session and/or professional activity, the weather conditions, the relevant distances to be travelled and/or individual circumstances. In the event that the Teacher‟s request is denied, the Teacher and/or the Local Bargaining Unit President may request the Director or designate to reconsider.

The following provisions apply from September 1st to and including June 30th inclusive when a teacher is required by the Board to travel.

(a) More than 150 km and up to and including 225 km:

When a Teacher is required to perform duties at a site which is more than 150 km and up to and including 225 km from his or her home school

(i) he or she shall be entitled to leave his or her school on the day preceding at 2:30 p.m. and

(ii) on returning from the site at which the duties were performed, he or she shall be entitled to leave the said site at 2:30 p.m.

(b) More than 225 km:

When a Teacher is required to perform duties at a site which is more than 225 km from his or her home school

(i) he or she will not be required to attend the afternoon instructional period on the day preceding and

(ii) he or she shall not be required to attend the morning instructional period on the day following the last day he or she was required to attend to perform the duties at the said site, provided that the Teacher remains overnight at the site where the duties were performed or at a site between the said site and the site of the home school.

(c) The Board shall reimburse a Teacher for hotel accommodation and food according to its policy.

DATED AT TERRACE BAY THIS 17th DAY OF DECEMBER, 2012.

ACCEPTED FOR:

THE SUPERIOR NORTH CATHOLIC DISTRICT SCHOOL BOARD (Original Signed)

Chairperson Witness

Witness

Secretary Witness

ACCEPTED FOR:

RIO ENGLISH CATHOLIC TEACHERS' FEDERATION (Original Signed)

Witness

Witness

Witness

62

Ministry of Education

Minister

Mowat Block Queen's Park Toronto ON M7A 1L2 Telephone 416 325-2600 Facsimile 416 325-2608

January 3, 2013

Sharon Arsenault Chair

Mlnistere de I'Educatlon

Ministre

Edifice Mowat Queen's Park Toronto ON M7A 1L2 Tl!lephone 416 325-2600 Telecopieur 416 325-2608

Superior North Catholic District School Board sarsenaul t@sncdsb.on.ca

Valerie Pichette Director of Education Superior North Catholic District School Board vpichctte@sncdsb.on.ca

Kevin O'Dwyer President Ontario English Catholic Teachers Association (OECT A) k.odwvcr(a\occta.on.ca

Marshall Jarvis General Secretary Ontario English Catholic Teachers' Association (OECTA) m.jarvisraloecta.on.ca

Dear Sharon, Valerie, Kevin and Marshall,

Ontario

Thank you for providing me with your ratified collective agreement with elementary and secondary school teachers at the Superior North Catholic District School Board.

Upon review, I am pleased to advise you that your agreement will come into operation as of September 1, 2012. Please note the clarifications on the operation of the agreement as described in the Appendix.

Congratulations to both the school board and OECT A for the leadership you have shown in negotiating this local collective agreement. By working together and finding solutions, you are doing your part to protect the gains we have made in education while still meeting our shared fiscal realities.

. . ./2

-2-

Local agreements are possible when everyone works together and maintains a clear focus on what matters most - our students. Thanks to leaders like you and the negotiated collective agreement you have reached, we can continue to invest in important programs such as full-day kindergarten and small class sizes while preserving 20,000 teaching and support staff positions.

Together, we have chosen to put our students and our education system first. As a result, we are in a strong position to build on our past success and achieve a new level of excellence in publicly funded education.

Congratulations once again. I look forward to continuing to work with you and doing what we do best- putting students first as we continue to build Ontario's education system into one of the best in the world.

Yours truly,

Laurel Broten Minister

Enclosure

MEMORANDUM OF UNDERSTANDING

Between

THE MINISTRY OF EDUCATION

And

ONTARIO ENGLISH CATHOLIC TEACHERS' ASSOCIATION (OECTA)

July 5th, 2012

A.

the scope of Memorandum is two 3

B.

2. in 2013-14

C. Retirement Gratuities

1. August 2012, employees currently eligible for a retirement gratuity shall have accumulated sick days vested, up to the maximum eligible under the retirement gratuity plan.

2. Upon retirement, an employee eligible for a retirement gratuity shall receive a gratuity payout based on the employee's current accumulated vested sick days, in accordance with #1 above, and years of service and salary as of August 31, 2012.

3. Effective September 1, 2012, all accumulated non-vested sick days shall be eliminated.

D. Sick leave/Short Term leave and Disability Plan/long Term Disability Plan

The provisions relating to the Sick Leave/Short Term Leave and Disability Plan, outlined below, meet the requirements of the Employment Insurance Regulations for a premium reduction under s.69 of the El Act If there is any as to whether the Plan meets these requirements, the parties will

so as to ensure compliance with these

Sick leave Days

1.

Short Term Sick leave

1. Each school year, in clause 1

term sick with

to Teacher Pension Plan or

1. Teachers' Pension Act the Minister of Education will an "'"''"'"''m,,n; from the Ontario Federation to amend the Ontario Pension Plan to allow for the Short-Term Sickness

Contributions will be leave day under the

member;

member on the unpaid portion of each unless directed in writing by the employee/plan

ii. The government/employer will be obligated to match these contributions;

iii. if the plan member/employee exceeds the maximum allowable sick-days and does not qualify for Long Term Disability (LTD)/Long Term Income Protection (LTI), pension contributions will cease and the employee is not eligible to earn pensionable service until the LTD/LTIP claim is re-assessed and approved or if the employee returns back to work.

iv.

a. If the LTD/LTIP claim is re-assessed and approved, then the member will be entitled to earn service by making contributions subject to existing plan provisions for a period of time that does not exceed the difference between the last day of work and the day when LTIP benefits begin and the government/employer will be obligated to match these contributions.

b. If not approved for such shall be subject to

will be in and the co-sponsors of the OTPP

and

See attached for common method deduction Income to used boards.

Short Term leave and Disability Plan (STlDP)

1.

In event a school board to the Ontario Teachers' Insurance Plan (OTIP) the ten (10) sick days paid at 100% of

process. to the

process due to illness beyond

salary. shall as per the 2008-12 implementation of the STLDP will not

made prior to the subsequently adjudicated under the STLDP.

2. Subject to the third party adjudication process, an absence is eligible for the following conditions: STLDP under either of

a. All, or any part of, an of five (5) or more consecutive work days, occurs beyond the ten (10) sick leave days paid at 100% of salary.

b. An absence of any duration beyond ten (10) sick leave days paid at 100% of salary due to an ongoing or intermittent condition such as, but not limited to, illnesses or medical conditions, or any form of chronic condition.

3. School and the Association of the STLDP and with the third and administration the STLDP.

4.

8.

Workplace Safety and Insurance Board (WSIB)

be maintained in accordance the 2008-2012 where current WSIB up is from leave the board

without deduction from sick

Maternity Leave

Notwithstanding the above, a teacher receive 100% of salary for not less than a six (6) week following birth of child, to in the 2008-12 local collective without deduction from sick leave. Teachers who require a longer than six week recuperation period shall have access to the short term disability plan through normal adjudication process.

Occasional Teachers in Long Term Assignments

1. The definition of Long Term Occasional Teacher shall be as per the occasional teacher collective agreement.

2. for the Sick Leave and STLDP For cannot extend beyond

3. The Teacher in a Term in Leave

4. leave deduction from reasons other deduction from sick leave to a maximum of

::u:rr'PPimPntc that occasional teacher collective agreements that more

These not be used for the purpose

Long Term Disability (LTD) Plans

1. Association shall be the policyholder of the except as determined by number 7 carrier. School boards provide all data, the Association's carrier.

2. All in Long Term terms of the respective plan.

3.

one to

that utilizes or

per school year. Local occasional teacher Local

limited to be accumulated

January 1, 2013, notice provisions with the current

term disability plans, as requested by

Plan as a condition of their employment

groups into a by the Association.

4. The in 2 Term Plan in

8. of

9. Association and conditions of the

in intervention programs in such programs.

12. Effective on

1, the teachers.

in return to work programs initiated

13. The school boards shall provide a list of December 31, 2012.

on claim as of September 1, 2012 and on

14. By September 1, 2012 the school boards, where the school board pays 100% of the premiums (Dufferin-Peel CDSB and Huron-Superior CDSB), and their agents shall provide to the Association and its agent(s) detailed disclosure regarding existing long term disability benefit plans for the Association members in all school boards. The appended letter "Permission to Release Experience Information", forms a part of this agreement, and outlines the obligations of the school boards and/or their agents to disclose the specified information and is subject to the Alternate Dispute Resolution in the case of any dispute concerning terms or implementation.

15. Effective July 4, 2012 school boards will not draw down on reserves, surpluses and/or deposits out of the teachers' share of the LTD plan without the express written consent of the Association. Such consent shall not be unreasonably withheld. This clause does not apply where the school board pays 100% the LTD premiums (Dufferin-Peel CDSB and Huron-Superior CDSB).

E. Benefits

1.

5.

accordance with E1

committee review will be to for the their

coverage 2012-2014 collective

based contract ODA

F. Benefits after Retirement

1. Effective September 1, 2013, any new retiree (or his/her family) in the education sector who has access to post-retirement benefits (health, dental, etc.) and pays premiums for such benefits shall be included in an experience pool segregated from all active employees, such that the pool is self-funded.

2. Effective September 1, 2013, no new retirees (or his/her family) in the education sector shall be eligible for employer contributions to any post-retirement benefits (health, dental, life, etc.).

3. Existing retirees (or his/her family} and any employee before September 1, 2013 in the education sector who has access to post-retirement benefits (health, dental, will continue to be included in the pool in which are included and pay the appropriate premiums for that pool. contributions where they exist will continue for this group.

G. Unpaid leave Days

a) Minister of Education will seek to amend the Ontario

the Professionai

b) The to ensure it

c) to this will be in co-sponsors of the OTPP (OTF and the Minister of

d) plan amendments would have to any that to pension plans such as the Pension Benefits Act, and the Income Tax Act.

e) The plan amendments, if approved, will come into on September 1, 2012.

H. Professional learning Funding in GSN - Elementary panel only

The Parties note the Government's intention, conditional upon the approval by the Lieutenant­Governor-in-Council, to amend the allocation in the GSN for enhancing professional learning opportunities for teachers. The per pupil funding benchmark for professional learning under the Pupil Foundation Grant will be suspended for the 2012-2013 and 2013-2014 school years.

If this funding is not reinstated, the savings will be credited towards any fiscal targets beyond the term of this MOU.

The provisions of collective agreements related to the allocation of the suspended funding for professional learning opportunities for teachers will not be operational.

I. Secondary programming

Government's conditional by the Lieutenant-to amend the allocation in the GSN

in the 2008 PDT

The increments come into on

necessary to enable teacher for the duration of

the Foundation Grant and the Allocation.

shall meet to review school board term of 2012 to 2014 PDT move on the and

variation in monetary value of each

K. Professional Judgment and Effective use of Diagnostic Assessment

each school

for and

Should an existing local collective agreement provision provide a benefit to a teacher than the benefit provided by this provision of the MOU, the existing provision shall prevaiL

"Teachers' professional judgments are at the heart of effective assessment, evaluation, and reporting of student achievement." Growing Success, Assessment, Evaluation, and Reporting in Ontario Schools, First Edition, 2010.

A teacher's professional judgment is the cornerstone of assessment and evaluation. Diagnostic assessment is used to identify a student's needs and abilities and the student's readiness to acquire the knowledge and skills outlined in the curriculum expectations. Information from diagnostic assessments helps teachers determine where individual students are in their acquisition of knowledge and skills so that instruction is personalized and tailored to the appropriate next steps for learning. The ability to choose the appropriate assessment tool(s), as well as the frequency and timing of their administration allows the teacher to gather data that is relevant, sufficient and valid in order to make judgments on student learning during learning cycle.

The following shall incorporated into every

Memorandum with to assessments.

II.

IlL

and

critical that the

as an Occasional Teacher shall commence on the most recent date hire to Teacher and shall continue

Unit of seniority, the names of the Occasional Occasional Unit

List shall in order the most recent date of hire to the

dateLand

(b) For the purpose of establishing the order of the Occasional Bargaining Unit Seniority List, where seniority is equal among two (2) or more Occasional Teachers, the tie shall be broken according to the following criteria and in the following order, based on the greater experience:

(i) Experience accrued as a member of the Occasional Teacher Bargaining Unit, defined as the total number of days worked since the most recent date of hire to the Bargaining Unit (seniority date);

(ii) Teaching experience as a certified teacher in Ontario; (iii) Or failing that, by lot conducted in the presence of the President of the Occasional

Teacher bargaining unit or designate.

(c) The Board shall provide the Occasional Teachers' Seniority as at September 1st of each school year, to the Bargaining Unit and shall distribute a copy of the list to each teacher worksite by Sept 30tr of each school year. The Board shall post the list on the OECTA bulletin board at each work site.

be

IV.

on roster, who make recommendations shall be made to

to successful on the roster in

The Board in which the is needed will according to one of five roster Occasional who and most

the order:

ii) the best possible program and and of students, the Occasional Teacher on the Teacher Placement Roster who holds the qualifications for the position, as per the Education Act and Regulations (as recorded on the Ontario College of Teachers Certificate of QualificationL who has the greatest seniority.

(c) If the Occasional Teacher declines the assignment, the school board shall select from the remaining four teachers on the roster, the qualified Occasional Teacher as per (b) ii) above.

(d) In the event that no qualified Occasional Teacher on the Long-Term Occasional Teacher Placement Roster accepts the assignment or there is no qualified Occasional Teacher on the roster for the assignment, the Board shall post and fill the Long Term assignment from the Occasional Teacher Bargaining Unit List.

(e) Hire a new teacher who is not on the Occasional Teacher Bargaining Unit List.

Subject to denominational rights enjoyed by a Separate School Board, and subject to the provisions hereafter, and subject to Regulation 298, members of the Occasional Teacher Bargaining Unit who are on the Placement Roster will be hired into manner:

an interview

Permanent

enhance

Occasional Teachers in their school The to this ""'·oomo

occasional teacher evaluation process no later than

M. Dispute Resolution/Enforcement Mechanism

For the term of collective within the scope of this MOU, a dispute pertaining solely to any of

terms or conditions specifically upon at the 2012 MOU that are incorporated into a local

collective agreement, with the exception of matters through local bargaining, shall be subject

to the following procedures:

Neither an OECTA local bargaining unit nor a Catholic District School Board shall have the jurisdiction to

initiate or identify a dispute pertaining to the terms or conditions of this MOU. A dispute shall be

identified exclusively by OCSTA or OECTA (provincial) and be limited to terms and conditions of this

MOU.

Prior to utilizing the procedure below, any dispute pertaining to this MOU as described above, shall be

subject to an attempt at resolution in the following manner: a) Both OCSTA and OECTA shall name a

representative to attempt a mutual resolution of the dispute by attending at the local board where such

dispute occurred and attempt to resolve the issue. Any resolution shall be reduced to Minutes

Settlement that shall be subject to 8 and 9 below. This attempt at resolution be completed within

ten (10) working days of the dispute being brought to OCSTA's or attention. If the matter is not

resolved within the ten (10) the matter shall be deemed to be at

In the event of the shall forthwith:

1.

The list of either

The

When an issue the

arises the arbitrators

as above is

the order appear on

the next arbitrator in sequence on

A to the arbitrator on list next in line after the

The sequence above

3. Within twenty (20) days of arbitrators

the arbitrator render a decision. * note at end re

4 The arbitrator shall have all of the powers provided to arbitrators under the Ontario Labour Relations Act and the applicable local collective agreement.

5. It is understood that a hearing may take place after line stipulated.

business hours in order to meet the time

6. Any party or person present at the discussions leading to this MOU may be called on to give evidence and is compellable, except Counsel.

7 The arbitrator shall provide a final and binding of MOU and provide a final and binding remedy in of any violation or contravention of this MOU.

8. Within five (5) days of the decision rendered it shall be to all local units and boards, unless the agree otherwise.

9. decision or any settlement the terms and conditions ::~m·oor• into a local collective

the

N. Opportunity to Bargain Locally and Avoid Disruptions to Student Learning

Effective September 1,

any OECTA local

apply and supercede any related provision

of section K this MOU.

1. A of local bargaining shall occur following the of this MOU and shall cease by

31, 2012.

to local other than those specifically required by this MOU must mutually

to by Association and the local school board. Any local bargaining will not amend sections of

the collective amended by this MOU.

3. All clauses of the collective agreement that are not amended by this MOU or by the process identified

above shall remain status quo.

4. The parties agree that for the purpose of the 2012 -2014 collective agreements all letters of intent or

understanding, minutes of settlement, or any other memoranda, contained or pertaining to the 2008-

2012 collective agreements, dealing with any term or condition of a collective agreement, or any other

term or condition negotiated between the parties, shall continue in force and effect until renegotiated

by the parties.

5. There shall be no strikes, lockouts, or applications for conciliation during the period of local bargaining.

0. Access to Information

1. The Government and School Boards will continue to respond to requests for information and current

data, pertinent to the education sector, in a timely manner.

2. By August 15th of each school year, every school board shall collect and provide to the Ministry of

Education, OECTA, and OCST A electronic data regarding sick leave usage for all teachers during the

school year. This shall be provided indicating individual teacher use and consolidated data for all

teachers in the school board.

P. Transferability of Other Agreements

The Government acknowledges that the school system will not be

Q.

Ontario's

R.

vacancy

The return of any VP to the qualified.

chooses to return to the to do so without loss of

shall a

upon there

unit.

teacher.

a vacancy for which the VP is

No member of the bargaining unit shall adversely affected due to the return of a VP to the bargaining unit.

Appendices:

1. STLDP Adjudication Process 2. Payment of Reduced Income Days 3. Letter re: Permission to Release Experience Information

For OECTA For the Ministry of Education

Minister Education

1

Appendix 1 July 5th, 2012

Process Guide for xxx Catholic District School Board Advice to Pay Program Preparation Date: June 28, 2012 Effective Date of Services: xxxxxx

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Acronyms, Abbreviations and Definitions ................................................................. 3 AMS Roles within Manulife .................................................................................. 3 Intake and File Initiation ...................................................................................... 4 Initial Interview, Claim Assessment and Recommendation ............................................ 6 Early Intervention (Ongoing Case Management) ........................................................ 8 Appeal Process .............................................................................................. 10 AMS to LTD Transition ..................................................................................... 12 Confidentiality ................................................................................................ 12

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ACCRONYMS, ABBREVIATIONS AND DEFINITIONS Board: The xxx Catholic District School Board is referred to as Board and

is the employer. Employee: Individuals eligible to access the Absence Management Services

(Advice to Pay) are referred to as Employee. Union: APS: Attending Physician’s Statement RTW: Return to work AMS: Absence Management Services LTD: Long Term Disability

AMS ROLES WITHIN MANULIFE Intake Representative: Frontline contact that completes intake and inquiries from

central phone line as well the person responsible for setting up new files and notifying Boardof a new case set up.

Case Manager: Health Care professional responsible for the management of

the Employee’s absence until resolution is achieved; serves as the primary resource for the Board, Employee, Health Care practitioner, Union and any other individual involved in the case. Assesses and makes recommendation regarding disability taking into account contractual, medical, and functional information. Develops a case management plan and communicates will all parties on all claims issues. Develops and completes telephonic return to work plans between the Board, Employee, Union (when requested), and physician.

Specialist: Contact person for escalations, appeals, as well as assisting

Case Managers with complex case management. Supervisor: Team leader that is responsible for the management of the

client relationship as well as the team offering support to the client.

Program Management: Team of individuals that are responsible for reporting, trend

analysis, and subsequent program recommendations

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Return to Work Specialist: When case manager identifies need foron-site meeting

between Board and Employee, the return to work specialist conducts meeting to clarify limitations and expectations for a timely and successful return to work.

Functional Rehab Specialist: Develops, monitors and implements innovative functionally

orientated rehabilitation plans for Employee. It may involve meeting with Board, Employee, Union,physicians or other health care professionals to implement on-site return to work plan.

Vocational Rehab Specialist: Develops vocational rehabilitation plan with a return to work

toan alternate occupation goal for Employee not able to return to work to their own occupation.

Intake and File Initiation

When to have a case referred: • At Day 5 or more, if Employee is expecting that health related absence due to injury or

illness will be extending beyond 5 working days (and the Employee has used 10 sick leave days for the school calendar year)

• The Employee may be directed by the Board or Union to contact the Manulife AMS intake number directly when they are absent from work.

• When an Employee is requesting to access the AMS program as a result of a health related absence, the employee will be provided with a toll-free number to speak with anManulife AMSCustomer Care Representative. A representative is available during regular business hours (8 a.m. to 6 pm).

• Intake includes: The Manulife AMS Customer Care Representative receiving the call will validate, collect and record the following information from the employee:

• Employee Name • Date of Birth • Social Insurance Number • School Board • Union • First day off work • How long has current absence been so far? • Expected return-to-work date • Other absences prior to the current absence? • Reason for current absence and current symptoms • Do they expect to be meeting with their physician/medical professional? • Employee’s telephone contact number and email address (if available) • Board contact information (may not require this step if we have contact listings by

board) • Union contact information

• The Manulife AMS Customer Care Representative also provides a brief explanation of program and next steps that include a case manager contacting the Employee as part of assessment phase

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Phase 1 – Advice to Pay Intake and Notification Initiation Process

Employee Notification Employee initiates referral and

contacts Manulife’s Advice to Pay 1-800 direct line

Intake & Notification

At Day 5 or more, if Employee absence is expected to exceed

5 working days

Board Notification Customer Care Representative advises Board via email that: • Case initiated by Employee • Date that recommendation

from case manager will be provided to Board

• Request Board to confirm eligibility for Advice to Pay Service

EmployeeIntake by Customer Care Representative

• Introduction to program • Critical intake information

gathered • Set up case on Manulife

system • Referral to case manager

Within 1 business

day

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Initial Interview, Claim Assessment and Recommendation

Initial Interview and Claim Assessment The assessment phase is completed by case managers who are healthcare professionals (ie nursing, physiotherapists, occupational health, psychiatric nursing, kinesiologists, chiropractor). Other resources accessed during this phase and early intervention include medical consultants that support the Advice to Pay program related to medical specialties such as Occupational Health, Psychiatry, Cardiac, Internal Medicine. The assessment of an Advice to Pay claim includes:

1. A review of intake information. 2. Obtaining Employee’s consent to proceed with assessment discussion.

3. A telephone interview with the Employee within 3 business days of intake.

4. A telephone interview with the Board to clarify details of the essential duties of the

Employee’s occupation and any other workplace information pertinent to the absence within 3 business days of intake.

5. Obtaining additional medical such as Attending Physician’s Statement or medical report depending on nature of health condition.

6. Completion of assessment based on Best Practice Adjudication Integrity and evidence based medical guidelines. A more detailed explanation of this includes:

Our Case Management program applies five ‘best practice’ standards that act as guiding principles in managing short term absences and applying the philosophy of managing the health recovery for the whole person. The standards used for each case include: • Evidence-based – Using documented disability medical guidelines evidence (eg. Presley

Reed MDA guidelines) evidence to confirm the presence of an impairment and to confirm the application of appropriate treatment for a given diagnosis.

• Functionality – Looking at what the employee is capable of doing and comparing that level of function to the physical or cognitive demands of the job. This analysis allows the Case Manager to plan the return to work and make accommodation recommendations within the employee’s level of function.

• Multi-disciplinary – Engaging all key parties at the appropriate time. This includes contacting the employee, board, treating physician and/or health care practitioners to align the employee’s safe level of function with job demands or planned accommodations.

• Timeliness – This standard ensures consistent delivery of timely best practices applicable to service level commitments and appropriate follow up action aligning to case management intervention with the goal of ensuring a safe and timely return to work.

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• Rights-Based – Ensures that employee privacy and confidentiality are maintained and that decisions are compliant with laws governing human rights, employment standards, labour relations and collective agreements.

Advice to PayRecommendation A recommendation will be provided within 3 working days from the date Manulife receives referral from Employee. The recommendation is given verbally to the Employee as well as to the Board. A memo with our recommendation is sent to the Boardand Union by email. The Board will advise the Employee of salary payment. The Manulife Case Manager will make recommendations to the Employee in regards to expected duration of absence, when the next medical update is required, discussion regarding necessary tools to address barriers, Return to Work planning and required accommodations if applicable. The case manager will also indicate when the next telephonic touchpoint will take place. Furthermore, the status of the file will be shared with the Employee. Communication with the Board is in line with the above but will omit discussion of the medical condition and/or treatment. If an absence is non-supported, more detailed information will be given to the Employee as to options available to him/her. If the Employee claims the medical condition is the barrier to a Return to Work, the appeal option will be offered (see section below).

Phase 2 – AMSAssessment&Recommendation

Non-Supported Absences If the Case Manager determines that the absence is not medically supported but the Employee does not plan to return to work because of non-medical reasons, the Case Manager will inform the Board and Employee verbally. In addition to this, the Employee will receive written confirmation outlining rationale for recommendation as well as the appeal process in writing. The Board and Union will receive the same information excluding any medical details. Please refer to the Appeal Process outlined later in this document (Page 10).

Assessment Completed by Case Manager Review of intake information Telephone Interview with Employee Telephone interview with Board Identify current functional abilities Identify functional requirements of job Identify medical and/or non-medical issues Determine fitness for safe and timely

return to work

Recommendation by Case Manager to Employee, Board and Union*

Outlines whether absence supported or not

supported Anticipated Duration of Absence Expected Return to Work Date Date of Next update

* Memo sent to Board and Union by Email

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Case Management . Case Management is initiated once a recommendation has been made. The level of case management intervention is based on the complexity of the health related absence. This is based on the philosophy of providing the right skill and intervention at the appropriate time. The various types of intervention begin with an assessment of the complexity of the absence. It is also based on the treatment or lack of treatment that an employee is receiving. These are referred to as Early Intervention Cases, Non-Complex Cases and Complex Case Management. The criteria for these three categories are noted below. Early Intervention • If OTIP is LTD provider, referral to OTIP’s Early Intervention Rehabilitation Consultant for

contact and assessment Non-Complex Case Management • Recovery is within the expected health recovery period as determined by Best Practice

medical guidelines • One diagnosis Complex Case Management • Multiple Diagnosis • Mental Health Diagnosis • Injuries resulting from a Motor Vehicle Accident (MVA) • Workplace Illness / Injuries • Absence exceeds the expected health recovery period optimum by 2 weeks or greater • Absence that reaches 6 weeks without plan for full-time return to work by the 8th Week • Extension request beyond 7 days beyond planned return-to-work date • Employee does not have access to appropriate or timely medical care

(Treatment/Surgery/Specialist) • Recurrence of disability Critical Elements of early intervention and case management that align with Best Practices Disability Management and Evidence Based Medical guidelines are: a. Early Intervention – Treatment Facilitation b. Focus on functional ability – Return to Work planning, Rehabilitation and Work Facilitation c. Facilitated communication among all key parties d. Needs of all involved parties are addressed e. Development of realistic and goal oriented return to work plans

Treatment Facilitation:

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OTIP/Manulife are responsible for the core services of treatment facilitation services in case management on all cases. When specialized tasks outside of these core services are required to move a case toward resolution, the case managers may access an external certified vendor. At any time during an absence the case manager may also utilize additional resources such as:

• Medical consultant review • Independent medical examination • Peer to peer correspondence with the treatment provider • Functional Evaluation Capacities • Cognitive behaviouraltherapy • Cancer navigation (Wellspring, CAREpath) • Industrial psychologists • Vocational retraining • Work hardening • Transferable skills analysis

Return to Work Planning This intervention level is completed telephonically by the Case Manager. In the majority of cases, all of the assessment, recommendations, treatment interventions and return to work planning is completed by the case manager. In some cases (approximately 10%) there is a need for on-site support rehabilitation or work facilitation during the short term absence period. This is described in more detail below.

Return to Work Facilitation When identified as a need for on-site support by the case manager and agreed to by the Board and Employee, the Return to Work (RTW) Specialist manages on-sitereturn-to-work activity. The RTW specialist acts as a coordinator so all interested and affected parties (Employee, Board and Union; physician as necessary) are appropriately involved and informed about the goal-directed, time-specific return to work plan, work accommodation requirements, plan progress, and expected outcomes.

Functional Rehabilitation The Functional Rehabilitation Specialist engages in longer-term intervention requiring a series of meetings with the Employee, Board, and relevant health care providers to identify and then resolve functional impairments in order to enable the member’s return to work. The Functional Rehabilitation Specialist may incorporate: • Assessment of medical information to determine cognitive or physical function. • Determination of return to work barriers. • Evaluation of worksite ergonomics (workstation set-up, production sequencing).

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• Facilitation of treatment, identifying treatment options and facilitation referrals to health care providers when appropriate to confirm medical impairment, to promote recovery of health or to improve function.

Vocational Rehabilitation This type of rehabilitation supports a disabled member who is unable to return to a pre-disability job or another job with the original Board. The Vocational Rehabilitation Specialist works with the disabled Employee to identify potential job opportunities appropriate to the employee’s functional capacity, education, training and experience; has access to a network of specialized vocational evaluation resources to test the employee’s aptitudes, personality etc. and provides services such as resume preparation, job search straining and volunteer program placement to prepare the employee for labour market re-entry.

Appeal Process When a claim is not supported or no longer supported for medical reasons, the right of appeal is offered to the Employee. The process includes: Employee Communication: The employeeis contacted verbally by the Case Manager and also receives a letter from the Case Manager advising of this right. The letter will include an explanation of the rationale behind the decision and will outline any additional information that should be submitted should the employee wish to appeal. It also outlines the timelines to have the appeal information sent back to the Case Manager (normally 10 business days) unless there are extenuating circumstances that the employee has discussed with the case manager. Board and Union Communication:The Board and Union are contacted verbally by the Case Manager. Both the Board and the Union receive a copy of the letter sent to the Employee (excluding the medical details). The letter includes an explanation of the rationale behind the non-support recommendation, outlines any additional information that should be submitted if there is an appeal as well as timelines that the Employee has to submit the appeal. Upon receipt of the appeal from the Employee, OTIP and Manulife have a unique appeal process. This includes a first and second appeal (when required). The purpose of an appeal is to provide an objective review of the information on file and the original claim recommendation. For the first appeal, the Manulife Operations Specialist, who is independent of the claims assessment process and the Board, reviews the claim file and recommendation. The Specialist reviews all new medical information provided on appeal and if required, may need to fully investigate the claim by writing to the Employee's doctors or setting up an independent medical assessment. Upon completion of receiving all information, the Specialist will communicate results of the appeal to the Board and the Employee both verbally and in writing within 5 business days of receiving all information required for appeal. The Union is copied in on written communication as well. If the decision is to maintain the non-support recommendation, the Employee, the

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Boardand Union are notified of the timeline for the next appeal as well as the rationale for the decision and any outstanding information. Should a second appeal be requested, the appeal is sent to an appeal committee who makes the final appeal recommendation/decision. The appeal committee is represented by a blend of the Manulife Operations Supervisor, medical consultant and OTIP Appeal Specialist that are independent of the Board and claims assessment process and would be responsible for rendering the decision.

Phase 3 – Early Intervention and Ongoing Case Management Process

Absence Not Supported

Absence Supported

Return to Work

Early Intervention or Case Management

Preparing for transition to LTD

8 weeks before LTD, Case Manager will discuss next steps

with appropriate provider’s LTD CM to

prepare LTD application

Advise to Pay Case Closed

Seamless transition to LTD

Appeal

Return to work Absence No Longer Supported

Return to Work Facilitation Meeting

Return to Work Facilitation Meeting

(If needed)

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Advise to Pay Transition to Long Term Disability When the continuum of care warrants a full transition to LTD we have a strict protocol for review, at no later than mid-way in the benefit period, of all short-term cases with the Board’s LTD provider’s Case Manager to ensure that the claim as well as the Employee is prepared in the event that the absence extends into LTD. Specific attention to ongoing communication with the employee also supports an elimination of late filed LTD claims. We realize that an Employee is concerned about return to health and assurance of income replacement while disabled. As such, we ensure that, for claims that qualify, our claims administration processes support an easy transition to LTD, and for those claims that will not qualify for LTD, we provide early notification to the Employee and the Board, while continuing to manage the case to resolution. Having this smooth transition and hand off from Advice to Pay to the Board’s LTD provider’s case manager will eliminate the filing of a late LTD claim and the delay in LTD notification. Transition to Long Term Disability

Confidentiality Manulife Financial’s Privacy Policy, which includes information on how and why Manulife collects, uses, maintains and discloses personal information is available on Manulife Financial’s website: www.manulife.ca.

Advice to Pay Case Manager provides the LTD Case Manager with a copy of Advice to Pay file (with appropriate consents in place)

Advice to Pay Case Manager will review file with LTD Case Manager and develop an action plan going forward

LTD Case Manager advises Board that LTD application is being sent out to the Employee

LTD Case Manager advises Employee that LTD application is being sent to them

Week 13

Week 14

Week 18

Week 22

Week 26

LTD Case Manager follows up with Employee regarding completion of LTD application

Advice to Pay File will close and seamless transition to LTD

Appendix 2 July 5th, 2012

Payment of Reduced Income Days

When a teacher is absent for more than ten days in a school year all

reductions in pay shall be calculated as follows.

A) Days paid at 90%

A day paid at 90% salary for a day shall be calculated as a deduction

from salary based on

Grid salary x 1/194 x 10% =deduction for one day.

Any deduction is to be made in full from the next pay period.

e.g. TECT A4 max is $94682.00 x1/194x10%=$48.80

Teacher is absent for six days beyond the ten 100% paid days, the

subsequent pay would be reduced by $292.80.

B) Days paid at 66 2/3%

A day paid at 66 2/3% salary for a day shall be calculated as a deduction

from salary based on

Grid salary x 1/194 x 33 1/3%= deduction for one day.

Any deduction is to be made in full from the next pay period

e.g. TECT A4 max is $94682.00 x1/194 x 33 1/3%=$162.68

Teacher is absent for four days beyond the ten 100% paid days, the

subsequent pay would be reduced by $650.72.

Appendix 3 July 5th, 2012

DRAFT FOR LONG TE&\1 DISABILITY REVIEW

PERMISSION TO RELEASE EXPERIENCE INFOR.l\1ATION

The following is to be typed on the Policyholder's Letterhead.

Insurance Carrier Address of Present Carrier

Subject: Group Name and Policy Number(s)

Date

This letter authorizes the release of the following plan information for our group to OTIP (Ontario Teachers Insurance Plan)

Specifically, please forward:

1. Copy of current contract (or booklet if contract not available). Please include a history of plan amendments within the last three to five years.

2. Premiums and claims experience separated by year for the past three to five years for the LTD benefit Indication of whether PST is included or excluded from premium provided as well as indication of any external consulting fees included in the premium.

3. Premium rate history and basis (% of insured salary or per $1 00) including effective dates coinciding with the premium and claims experience stated in 2 The rate history should include the reason for change:

a) Due to renewal b) Due to change in plan design

4. Census data that includes for each employee date of birth, gender, salary, volumes of LTD insurance, employee class, employment status and indication of waived coverage. This should include members who are on leave that are continuing LTD coverage.

5. Current listing of disabled members that includes the employees date of disability, date of benefit commencement, date of birth, gender, salary, volume of insurance, claim status, termination date and employment status

6. Indication of whether the LTD benefit is mandatory or voluntary.

7. Indication of current premium share arrangements (taxable or non-taxable).

8. Most recent financial statement outlining the financial position including any reserve values (claims fluctuation reserves and incurred but not reported reserves) and funds on deposit in excess of required reserve amounts.

9. A summary description of the claim handling process at the board

a. Who provides claim kits b. Are completed claims kits sent directly to carrier by claimant or required to be

returned to board and board forwards to carrier.

10. A summary description of process to identify potential LTD claimants and whether early intervention rehabilitation services are provided I available.

11. A summary description of LTD continuation during a leave of absence. a. Are members allowed to suspend I continue coverage b. Are premiums billed and collected by board or paid direct to carrier

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

This information is to be sent to Vic Medland

President Group Insurance Services, OTIP

P.O. Box 218, 125 Northfield Drive West Waterloo, ON N2J 3Z9

Thank you for your cooperation and assistance

Sincerely,

Name Title

MEMORANDUM OF UNDERSTANDING, dated July 5, 2012 between the Ministry of Education and the Ontario English catholic Teachers Association-UPDATE

MAY16,2013

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Further to the OECTA Memorandum of Understanding, dated July 5, 2012 (OECTA MOU) and its Appendix P, Transferability of other Agreements, and given the OSSTF MOU, the Government recognizes it is appropriate and advisable that the OECTA MOU be updated.

The government will make every effort to ensure that the changes to the OECTA MOU set out below are Implemented by the school boards, and will take measures to support that outcome, including:

A) recommending to Cabinet that the matching amendments be made to the regulation under the Education Act dealing with Sick Leave Credits and Gratuities, and

B) making every effort to ensure that:

1. The changes shall be appended without amendment to, and form part of, the existing local collective agreements;

2. For the changes noted as needing local discussions about implementation, those discussions will commence immediately and must conclude by June 28, 2013; as follows:

I. local discussions cannot be inconsistent with the terms contained In the OECTA MOU and these changes or associated regulations and legislation;

II. Prior to the first local implementation discussions meeting, the Parties shall disclose to each other the local implementation issues for consideration;

Ill. There shall be a minimum of two and no more than six full-days of local implementation discussions for each bargaining unit. Such time requirements may be altered with mutual consent;

IV. At any point in the process, a request may be made by either Party for mediation assistance from the Ministry of Labour.

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Maternity Benefits

Effective May 1, 2013, the following enhanced maternity benefits replace the matemlty benefits under the OECTA MOU.

A teacher who was previously entitled to maternity benefits under the 2008-2012 collective agreement will continue to be entitled to these benefits. In addition, the benefits are also available to:

• Teachers hired in a term position or filling a long-term assignment, with the length of the benefit limited by the term of the assignment

Teachers on daily casual assignments are not entitled to maternity benefits.

Eligible teachers on pregnancy leave shall receive a 100% salary through a Supplemental Employment Benefit (SEB) plan for a total of not less than eight (8) weeks immediately following the birth of her child, subject to provisions in the 2008-2012 collective agreement, but with no deduction from sick leave or the Short Term Leave Disability Program (STLDP).

Teachers not eligible for a 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.

For clarity, for any part of the eight (8} weeks that falls during a period of time that is not paid (le: summer, March Break, etc), the remainder of the eight (8) weeks of top up shall be payable after that period of time.

Teachers who require a longer than eight(8) week recuperation period shall have access to sick leave and the STOLP through the normal adjudication process.

For clarity the aforementioned eight (8) weeks of 100% salary is the minimum for all eligible teachers, but where superior entitlements exist in the 2008-2012 Collective Agreement, those superior provisions shall apply.

Notwithstanding the above, where a bargaining unit so elects, the SEB or salary replacement plan noted above will be altered to include six (6) weeks at 100%, subject to the aforementioned rules and conditions, plus meshing with any superior entitlements to maternity benefits contained in the 2008-2012 collective agreement. For example, a 2008-2012 Collective Agreement that includes 17 weeks at 90% pay would result in 6 weeks at 100% pay and an additional11 weeks at 90%.

3 of 16

Voluntary Unpaid Leave of Absence Program For All Bargaining Units

This provision shall be added to the MOU and be the subject of local implementation

discussions between the bargaining unit and the school board.

1. In order to provide potential financial savings to the Board, a Voluntary Unpaid Leave of Absence Program (VLAP) shall be established for all OECTA bargaining units

effective May 1, 2013

2. Teachers may apply for up to five (5) unpaid leave of absence days for personal reasons in each year of the Collective Agreement.

3. Requests for unpaid days shall not be denied provided that, if necessary, there are expected to be enough available casual staff to cover for absent teachers, and subject to reasonable system and school requirements.

4. For voluntary unpaid leave days, which are scheduled In advance for the 2013-2014 school year, the salary deduction will be equalized over the pay periods ofthe 2013-14 school year provided the requests are made in writing by May 31, 2013.

5. It is understood that teachers taking a voluntary unpaid leave day shall be required to provide appropriate work for each of their classes and other regular teaching and

assessment responsibilities including but not limited to preparation of report cards and exams.

6. Requests for voluntary unpaid leave of absence days will not normally include the first week following the start of each semester (other than an August PO day), the week prior to the start of exams, and the exam period.

7. Voluntary unpaid leaves shall be reported as approved leaves of absence for the purposes of the Ontario Teachers' Pension Plan and OMERS.

8. The Board will report unpaid VLAP days to each OECTA Bargaining Unit based on the names of applicants and the total approvals on a monthly basis.

9. All net savings achieved by the Board as a result of VLAP days being utilized shall be applied to Offsetting Measures below.

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Unpaid Days and Offsetting Measures for Teacher Bargaining Units

This provision shall be added to the MOU and be the subject of local implementation discussions between the bargaining unit and the school board.

All permanent regular day school members of a teacher bargaining unit will be required to take one (1) mandatory unpaid day on Friday December 20, 2013. ·

The following cost savings measures will be Implemented:

1. Voluntary Unpaid Leave of Absence Program

2. Efficiencies In the delivery of professional development for the Oct 11, 2013 PO day will be used to provide funding for offsetting measures equivalent to 16~ of the cost of an unpaid day. Further, this PO day will be a day reserved for the delivery of Ministry priorities.

3. An Early Retirement Incentive Plan (ERIP) will be Introduced in the event that the savings In #1 and #2 are not projected to provide sufficient cost recovery for one unpaid day across the Bargaining Unit.

If the necessary savings are achieved In #1 and #2 the Board may choose to implement the ERIP program at its discretion.

The ERIP shall be in the form of a $5000 payment to any teacher who retires between the end of November 2013 and the last day of Semester 1.

The Board shall give notice of the implementation of the ERIP no later than November 30,2013.

Any requirements for notification periods for retirement or specific retirement dates shall be waived in the 2013-2014 school year. A minimum two week retirement notice period shall be provided to boards in the open period from November 30, 2013 to the last day of Semester lin the 2013-2014 school year.

4. Any other cost savings measures agreed to by Bargaining Unit and the Board.

The offsetting measures noted above shall only apply for the 2012/2013 and 2013/2014 school years.

All permanent regular day school members of a teacher bargaining unit will be required to take a further unpaid day on Friday March 7, 2014 if the above measures do not achieve sufficient savings at least equal to the value of one day's pay across the Bargaining Unit.

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In the event that cost·savlngs measures achieve savings in excess of those required to offset unpaid days, such savings shall be retained by the Board.

Any member of OECTA who is not a regular permanent day school teacher shall not be required to take unpaid days.

Reconciliation For Teacher Bargaining Units

This provision shall be added to the MOU and be the subject of local implementation discussions between the bargaining unit and the school board.

A reconciliation committee will be created with equal representation from the Board and the Bargaining Unit.

The committee will meet monthly starting in June 2013to track targeted savings and expenditures. The cost of the ERI P shall be deducted from savings. All relevant information required to monitor and administer the reconciliation shall be fully shared between the parties.

In the event that by November 30, 2013, savings are not on target to meet the financial goal equivalent to at least one (1) unpaid day, the ERIP program will be implemented. In the event of a dispute between the Board and Bargaining Unit about the financial necessity for an ERIP, the Board may choose not to offer the ERIP program. However, in the event that the financial savings for the cost recovery for the unpaid day are not subsequently achieved, the permanent teachers shall not be required to take an unpaid day on March 7, 2014.

Attendance Recognition

A Shared Savings Initiative (SSI) shall be established in every bargaining unit. The SSI shall operate as follows:

Individual member sick leave usage for the 2013·2014 school year shall be as per the definition for sick leave in the 2008-2012 collective agreement and shall be determined as of June 30, 2014.

If a permanent regular day school teacher bargaining unit member's usage is below six (6) full days of his/her days' absence then the member shall receive a payment equivalent to his/her daily rate. Annual compensation is not to exceed what would have been paid in the absence of unpaid days.

For OECTA members, other than permanent regular day school teachers, the payment shall be equal to a member's regular daily rate of pay and shall be contingent upon the member having taken a VLAP day during the term of this collective agreement.

The payment shall be made at the earliest opportunity following June 30, 2014.

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Sick leave/Short Term Sick Leave and Disability Plan - Election and Optional Plan

The MOU, In respect of Short Term Leave and Disability Plan, Is to be changed as follows:

A. Addition:

Short-Term Leave and Disability Plan Top-up (STLDPT)

Note: The parties concur that STDLPT 1 refers solely to topping up from 90~ to 100~.

1. For teacher absences that extend beyond the eleven (11) sick leave days, teachers will have access to a sick leave top up for the purpose of topping up salary to one hundred percent (100-,a) under the Short Term Leave and Disability Plan.

This top up is calculated as follows:

Eleven (11) days less the number of sick days used in the prior year.

2. In 2012-13, the transition year, each teacher shall begin the year with two (2) days in the top-up bank.

3. In addition to the top-up bank, compassionate leave top-up may be considered at the discretion of the board. The compassionate leave top-up will not exceed two (2) days and is dependent on having two (2) unused leave days in the current year. These days can be used to top-up salary under the STLDP.

4. When teachers use any part of a short term sick leave day they may access their top-up bank to top up their salary to 10014.

B. Deletion of Article 3 (a), (b) and (c) of Section D Occasional Teachers on Long Term Assignments and insertion of the following:

1. A member of OECTA employed by a board to fill a long-term teaching assignment that Is a full year shall be eligible for the following sick leave credits during a board's fiscal year, allocated at the commencement of the long-term assignment:

1. Eleven {11) days of Sick Leave paid at 100,-a of regular salary.

2. Sixty (60) days per year of Short Term Sick Leave paid at 90~ of regular salary.

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2. A member of OECTA who Is employed by a board to fill a long-term teaching assignment that Is less than a full year shall be eligible for eleven (11) days of Sick Leave and sixty (60) days of Short Term Sick Leave as per section 15, reduced to reflect the proportion the assignment bears to the length of the regular work year, and allocated at the start of the assignment.

While the existing OECTA sick leave plan in the 2012 MOU Is the default plan for all OECTA bargaining units, following consultation with the school board about timing, transition and implementation and where a bargaining unit so elects in writing prior to June 1, 2013, the sick leave plan set out below shall apply no later than September 1, 2013. Once made, this election cannot be revoked during the term of the current collective agreement. The sick leave plan shall be the subject of collective bargaining for the next collective agreement.

Sick leave/Short Term Sick Leave and Disabilitv Plan which can be subject of an election

Sick Leave Days

1. A teacher who was previously entitled to sick leave under the 2008-2012 collective agreement will be entitled to this sick leave plan. In addition the sick leave is also available to:

• Teachers hired In a term position or filling a long-term assignment, with the length of the sick leave limited by the term of the assignment.

2. Each school year, a teacher shall be paid 100 ,. of regular salary for up to eleven (11) days of absence due to illness. Illness shall be defined as per the 2008-12 local collective agreement. Part-time teachers shall be paid 100,. of their regular salary (as per their full-time equivalent status) for up to eleven (11) days of absence due to illness. Such days shall be granted on September 1 each year, or on the teacher's first work day of the school year, provided the teacher Is actively at work and shall not accumulate from year-to-year.

3. Where a teacher Is absent due to sickness or injury on his or her first work day In a fiscal year, a sick leave credit may only be used In respect of that day In accordance with the following:

a) If, on the last work day in the previous fiscal year, the teacher used a sick leave credit due to the same sickness or injury that requires the teacher to be absent on the first work day in the current fiscal year,

i. the teacher may not use a sick leave credit provided for the current fiscal year In respect of the first work day, and

fl. the teacher may use any unused sick leave credits provided for the immediately preceding fiscal year in respect of the first work day.

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b) If 3 a) does not apply, the teacher may use a sick leave credit provided for the current fiscal year in respect of the first work day if, for the purpose of providing proof of the sickness or Injury, the teacher submits,

i. the information specified for that purpose In the teacher's collective agreement, or

11. If such Information Is not specified In the collective agreement, the information specified for that purpose under a policy of the board, as It existed on August 31, 2012.

c) If a teacher Is absent due to sickness or injury on his or her first work day in a fiscal year, section 3a) and b) also applies In respect of any work day immediately following the teacher's first work day until the teacher returns to work In accordance with the terms of employment.

d) For greater certainty, the references In section 3a}, b) and c) to a sickness or Injury include a sickness or injury of a person other than the teacher If, pursuant to the definition of illness In section 2, the teacher Is entitled to use a sick leave credit in respect of a day on which the other person Is sick or Injured.

e) A partial sick leave credit or short term sick leave credit will be deducted for an absence due to illness for a partial day.

i. However, WSIB and LTD providers are first payors. In cases where the teacher is returning to work from an absence funded through WSIB or LTD, the return to work protocols Inherent In the WSIB/L TD shall take precedence.

4. Any leave of absence in the 2008-12 Collective Agreement, that utilizes deduction from sick leave, for reasons other than personal illness shall be granted without loss of salary or deduction from sick leave, to a maximum of five (S) days per school year. Local collective agreements that currently have less than five (5) days shall remain at that number. Local collective agreements that have more than five {5) days shall be limited to five (5) days. These days shall not be used for the purpose of sick leave nor shall they be accumulated from year-to-year.

5. For the purposes of section 2, if a teacher of a board Is only employed to work for part of a year, the teacher's eligibility for sick leave credits shall be reduced In accordance with the policy of the board, as It existed on August 31, 2012. If hired after the beginning of the fiscal year, a full-time teacher is entitled to the full allocation of sick leave credits as per sections 2 and 8.

6. The Board shall be responsible for any costs related to third party assessments required by the Board to comply with the Attendance Support Program. For clarity, current practices with respect to the payment for medical notes will continue.

7. The Parties agree to continue to cooperate In the Implementation and administration of early intervention and return to work processes.

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Short Term Sick Leave

8. Each school year, a teacher absent beyond the eleven (11) sick leave days paid at 100~ of salary, as noted In section 2 above, shall be entitled up to an additional one hundred and twenty {120} days short term sick leave to be paid at a rate of 90 per cent of the teacher's regular salary If the teacher Is absent due to personal illness including medical appointments and as per the board adjudication processes In place as of August 31,2012.

9. Short-Term Sick leave days under the Short-Term leave and Disability (STLDP) shall be treated as traditional sick leave days for personal illness including medical appointments.

10. The Board's Disability Management Teams shall determine eligibility for the Short­Term Leave and Disability Plan (STLDP) subject to the terms and conditions of the 2008-2012 collective agreement and/or board policies, procedures and practices in place during the 2011-2012 school year.

Short-Term Leave and Disability Plan Top-up (STLDPT)

11. For teacher absences that extend beyond the eleven (11) sick leave days, teachers will have access to a sick leave top up for the purpose of topping up salary to one hundred percent (100~) under the Short Term Leave and Disability Plan.

This top up is calculated as follows: • Eleven (11) days less the number of sick days used In the prior year.

12. In 2012-13, the transition year, each teacher shall begin the year with two (2} days in the top-up bank.

13. In addition to the top-up bank, compassionate leave top-up may be considered at the discretion of the board. The compassionate leave top-up will not exceed two (2) days and is dependent on having two (2) unused leave days In the current year. These days can be used to top-up salary under the STLDP.

14. When teachers use any part of a short term sick leave day they may access their top-up bank to top up their salary to 100~.

Long Term Assignments

15. A member of OECTA employed by a board to fill a long-term teaching assignment that is a full year shall be eligible for the following sick leave credits during a board's fiscal year, allocated at the commencement of the long-term assignment:

1. Eleven (11) days of Sick Leave paid at 100~ of regular salary. 2. Sixty (60) days per year of Short Term Sick Leave paid at 90~ of regular salary.

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16. A member of OECTA who is employed by a board to fiJI a long-term teaching assignment that Is less than a full year shall be eligible for eleven (11) days of Sick Leave and sixty (60) days of Short Term Sick Leave as per section 15, reduced to reflect the proportion the assignment bears to the length of the regular work year, and allocated at the start of the assignment.

17. A long term assignment shall be as defined In the 2008-2012 collective agreement. Where no such definition exists, a long term assignment will be defined as twelve (12) days of continuous employment In one assignment.

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Non.Vested Retirement Gratuity For Teachers

This provision shall be added to the MOU

The minimum years of service for retirement gratuity shall be defined as the lesser of the contractual minimal service requirement In the 2008-2012 collective agreement, or ten (10) years.

Those teachers with less than the minimum number of years of service shall have that entitlement frozen as of August 31, 2012. These teachers shall be entitled to a Gratuity Wind-Up Payment calculated as the lesser of the board's existing amount calculated under the board's collective agreement as of August 31, 2012 (or board policy as of that date) or the following formula:

L 30

X ! X 200

~ 4

= Gratuity Wind-Up Payment

X= years of service (as of August 31, 2012)

Y = accumulated sick days (as of August 31, 2012)

Z = annual salary (as of August 31, 2012)

For clarity, X, Y, and Z shall be as defined in the 2008-2012 collective agreement or as per policy or practice of the board for retirement gratuity purposes.

The Gratuity Wind-Up Payment shall be paid to each teacher by the end of the school year.

The pay-out for those who have vested Retirement Gratuities shall be as per ONT. REG. 2/13 and 12/13 made under the PUTIING STUDENTS FIRST ACT, 2012 and ONT. REG. 1/13 and 11/13 made under the EDUCATION ACT.

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Also, the Ministry of Education shall provide a letter to OECTA setting out the understanding about a Provincial Benefit Plan set out below. This does not involve implementation at the school board level.

Provincial Benefits Plan

The Government, and in particular the Ministry of Finance, commits to a full discussion with OECTA about the establishment of a provincial benefits plan.

The province agrees to provide funding which will include administration costs, legal costs, and costs of experts needed to undertake any studies and research required.

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Also, the government shall issue a memo to school boards providing clarifications of the OECTA MOU as set out below, effective date September 1, 2012.

1. Use of Sick Leave (11 + up to 5 Days)

2. Adjudication

3. Partial Days

4. WSIB

5. WSIB/LTD

Memo- Clarifications to 2012 MOU

• Illness is defined as per the 2008-12 school board collective agreements for the

use of these days. • Board practices and policies from 2008-12 would also apply to the definition of

illness, for example; the practi<::e or policy on medical procedures not covered by OHIP.

• For clarity, definitions and practices in place in accordance with the 2008-12

cannot be ch

o Boards are required to retroactively top-up the teacher's salary from 66.67% to 90% where the absence is supported through adjudication. The adjudication pro<::ess should be applied as soon as possible once it is determined that the illness will require an absence of 5 consecutive work days or more or that the Illness is chronic in nature.

o The process for teachers should be well documented and communicated and

service standards must be In place.

• The 11 + 120 sick days are divisible and boards shou ld deduct a partial day for a partial day's absence.

o Top up of sick days for graduated return to work days are as per the current practice under OECTA's collective agreements

• Teacher awaiting WSIB claim adjudication would be paid 100 percent of regular

salary for the first 11 days (assuming that the teacher had not previously taken sick days); and 66.67 percent of regular salary for the remaining (up to 120) days during the waiting period

o If the board has not done th retroactiv

• WSIB and LTD are separate and distinct from STLDP. If a teacher's claim is not successful under WSIB or LTD, it does not preclude the teacher from receiving STLDP.

o Should the WSIB or LTD claim not be successful, the teacher could request adjudication through the board's third party adjudication process; tf this claim is

successful, then the teacher could qualify for the 90 percent rate applied retroactively. If the adjudication process does not support 90% salary, the t eacher receives 66.67% of salary.

6. Maternity Leave o Boards are to provide a minimum of 6 full weeks of maternity benefrts including over "non- aid"

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7. Maternity leave

8. Maternity Benefits

9. Benefits

10. Grid­Qualifications

11. local Bargaining

• When a teacher is eligible to receive El benefits under the maternity plan, the maternity benefits will be administered as a SEB plan.

• When a teacher is not eligible to receive El benefits, the maternity benefits will be id at 100% sala for the eriod.

• Boards shall provide short-term sick leave before. or after the maternity leave when medical evidence is provided in accordance with the practices in place du the 2008-2012 collective a ement.

• Benefit levels and practices are to be status-quo in accordance with Section E of the OECTA MOU.

• Benefit Surpluses are subject to Section E of the OECTA MOU.

• Boards who have provisions In their collective agreement that apply grid movements retroactively, for example, to Jan l 5

t, would apply the change on the 97'~"~ day (the delay In this instance is calculated from the start of the school

o MOUs were imbedded in to the collective agreement through the imposition of the PSFA.

o The 2012-14·0ECTA collective agreements consist of: o MOU between the Ministry and OECTA dated July 5, 2012, including

enhancements o 2008-12 collective agreement, modified, as applicable, by Minister

approved amendments, with the exception of those 2008-12 provisions that do not agree with the OECTA MOU or supporting legislation and

lations. 12. Top-up Days o Irrespective of adjudication the top-up days may be accessed to top-up from

90% to 100%. 13. Disclosure of •

Information

14. letters of intent • or understanding, minutes <;>f settlement, etc. pertaining to the 2008-12 collective agreement remain in effect.

Dates of disclosure must be clear. The government will ensure that school boards meet reporting timelines and that information will be sent to the Association as soon as le.

All letters of intent, understanding, minutes of settlement or any other memoranda, contained in or pertaining to the 2008-12 collective agreements, dealing with any term or condition of a collective agreement or any other term or condition negotiated between the parties, shall continue in force and effect until negotiated by the parties.

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Dated this day of May, 2013, Toronto, Ontario

For the Union For the Government

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Friday, May 31, 2013 Val Pichette, Director of Education Superior North Catholic District School Board 13 Simcoe Plaza Terrace Bay, ON P0T 2W0 RE: Sick Leave and Short-Term Leave and Disability Plan (STLDP) Dear Ms. Pichette: Under section P of the MoU and the B12 memo dated May 27, 2013 our local OECTA unit was given the opportunity to go with either the OSSTF Board adjudicated STLDP or the third party adjudicated STDP. After discussions with the Board, I shared with our local Executive the Board’s concerns about the Board adjudicated STLDP. The Executive recognizes and will assist the Board with the Board's stated preference of maintaining the third party adjudication STLDP (Manulife). The Association looks forward to the same cooperation with the Board in the implementation of other MoU enhancement. Sincerely,

Lisa Lacaria Unit President

59 Highway 628 PO Box 452 Red Rock, ON P0T 2P0 Tel: 807-886-1033 Fax: 807-886-2578 Email: superiornorthoecta@shaw.ca

Ministry of Education Ministère de l’Éducation

Deputy Minister Sous-ministre

Mowat Block Édifice Mowat Queen’s Park Queen’s Park Toronto ON M7A 1L2 Toronto ON M7A 1L2 Telephone (416) 325-2600 Téléphone (416) 325-2600 Facsimile (416) 327-9063 Télécopieur (416) 327-9063

October 1, 2013 Marshall Jarvis General Secretary Ontario English Catholic Teachers’ Association (OECTA) 65 St. Clair Avenue East, Suite 400 Toronto, ON M4T 2Y8 Dear Mr. Jarvis, Thank you for your letter of September 5, 2013. We look forward to continuing discussions with the Ontario English Catholic Teachers’ Association as we complete the 2012-2014 labour framework and commence putting a new statutory framework in place for the next round of collective bargaining negotiations. In your letter you asked whether the Ministry agrees that the terms and conditions of the 2012-2014 OECTA collective agreements, including the terms of the 2012 OECTA MOU, as modified by regulation, and the 2013 MOU Update remain in force beyond August 31, 2014 until a new collective agreement has been ratified or the conditions under section 79 of the Ontario Labour Relations Act, 1995 (OLRA) have been met. I can confirm the Ministry does agree that the terms of the 2012-2014 collective agreements will be subject to the “statutory freeze” provisions set out in the OLRA and that, as a result of the Putting Students First Act, 2012 those terms include the 2012 OECTA MOU as modified by regulation. Those terms also include the changes set out in the 2013 OECTA MOU Update by virtue of the appending of those changes to form part of the 2012-2014 agreements. You also asked what the ministry would do should the school boards take a different position at the outset of bargaining. The Ministry intends to work in concert with school boards to ensure that the parties are ready to engage in a productive round of negotiations based on a shared understanding of how the collective bargaining framework set out in the OLRA applies. Once again, thank you for your letter, and I wish to reiterate the Ministry’s commitment to respectful and productive dialogue with OECTA as we move forward. Sincerely,

George Zegarac Deputy Minister cc Ontario Catholic School Trustees’ Association

ADDENDUl\1 to

THE COLLECTIVE AGREE~IENT September t, 2008 to August 31, 2011

between The Superior North Catholic District School Board (SNCDSB)

and The Teachers Employed by the SNCDS Board

(excluding Long Term Occasional Teachers) Represented by

The Ontario English Catholic Teachers' Association

Effective September 1, 2010 the following amendments to Article 24- Employee Insured Benefits shall be in

force and shall be incorporated into the Collective Agreement between the parties, on a go fotward basis, as per

The Provincial Discussion Table (PDT) May 1, 2008, Section 17 and the Letter of Understanding- Employee

Insured Benefits. The amendments listed below shall be incorporated in the Teacher Benefit Booklet and the

Master Policy on the effective date, September 1, 2010.

The amendments are as set out below:

• Vision- increase from three hundred ($300) to four hundred ($400) every two (2) years which may

include laser surgery twice per lifetime • Dental- change O.D.A. Fee Guide from current year lagged one to current year

• Dental - increase orthodontic lifetime maximum from two thousand dollars ($2, 000) to two thousand

five hundred dollars ($2,500) at fifty percent (50%) coverage

• Paramedical Services - new benefit - Massage Therapy at four hundred dollars ($400) per year

• Paramedical Services - change Chiropractic, remove per visit dollar limit and increase to four hundred

dollars ($400) per year • Change orthotic coverage - remove clause (ii) "made from a plaster cast" as found on page 16 of the

Group Benefit Plan Booklet

On or before September 1st, 2010, a copy of this Addendum shall be forwarded to each Teacher and shall be

incorporated into the existing electronic copy of the 2008-2012 Collective Agreement between the parties.

~ . Signed May\\, 20 lO at the SNCDSB Board Office, Terrace Bay, Ontarto.

For The Board For The Association

~ ~ \) ~ Ev=r-o

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