Understanding Your Contract An Introductory Presentation 04/06/2014TSU-OECTA ANNUAL STAFF REPS IN-...

Understanding Your Contract

An Introductory Presentation

23-04-10 TSU-OECTA ANNUAL STAFF REPS IN- SERVICE 10/09

Teacher Rights

Statutory – established by law in Ontario

Contractual – negotiated between the union (employees) and the school board (employer)


Statutory Rightsin Ontario Education Act Employment Standards Act Occupational Health and Safety Act Workplace Safety and Insurance Act

(WSIB) Ontario Human Rights Code Ministry of Labour Act


Role of the Union

Why do we need a union to establish additional

contractual rights?


Contractual Rights

A contract negotiated in good faith between an employer and its employees seeks to allow ALL employees the benefit of being treated in a fair and equitable way, ensuring a transparent and consistent process


Contractual Rights

This agreement frames the relationship as agreed to by the employer and the employees. It is the responsibility of management as much as employees.


The Collective Agreement

A team-based approach to enhancing the working conditions and benefits of teacher members in a union

Based on what is best for the collective, or the greater good of all teachers working for a school board


Examples of Contractually Negotiated Rights Teacher Workload Positions of Responsibility Work Related Experience Teachers’ Salary Scale Annual Allowances Sick Leave Gratuity/Leaves of Absence Deferred Salary Plan Benefits23-04-10 TSU-OECTA ANNUAL STAFF

REPS IN- SERVICE 10/09

Non-Unionized Schools Do not always guarantee a permanent contract or job

security Do not always guarantee a pay scale that increases

with each additional year of experience Do not usually include a benefits package Do not usually provide a formal procedure for liaising

with your employer and engaging in collaborate decision-making on issues such as health and safety, safe schools and professional development

Do not offer you legal representation should you need it


What Do Teacher Unions Do?•Represent teachers who feel that the contract has not been upheld fairly and negotiate a fair settlement with the school board

•Provide PD to teachers on issues of concern

•Lobby the provincial government on behalf of teachers and the school board in order that funding and resources be properly allocated

•Monitor health and safety issues in schools

•Liaise with the board in creating safe schools and other relevant protocols

•Provide a collective professional voice for issues in education


Common Elements in a Teacher Contract


Salary Placement

Determined in two main ways: category placement (determined

by QECO (Qualifications Evaluation Council of Ontario)

years of experience (determined by either the number of years you have been teaching OR related years of experience)


QUALIFICATIONS EVALUATION COUNCIL OF ONTARIO (QECO) The QECO program of evaluation for salary purposes

is unique since it is negotiated by teachers and their boards for inclusion in local collective agreements. Teachers are evaluated and given a Statement of Evaluation which is then accepted by their board for salary category placement purposes.

The salaries teachers are paid is a matter which is negotiated between teacher bargaining units and their board.

Application forms are available on the QECO website www.qeco.on.ca


Category Placement All letters, certificates,

statements and documents (i.e. degrees and diplomas) must be submitted first to QECO for evaluation and subsequent category placement

A teacher must then submit a Category Upgrade form to their school board’s HR Department in order to qualify for an upgraded category placement


Upgrading Category Placement

Members are reminded that it is their responsibility to keep QECO apprised of any additions to their qualifications.

This must be must be done by formally completing a QECO application.

Members are also reminded to apply regularly for upgrading advice that will assist them toward the most expedient route to reach their next QECO salary category.


Related Years of Experience Previous years spent working in other career fields

can count towards your related years of experience This can increase the initial step at which you are

considered on the Teacher Salary Scale Duties and responsibilities must connect with

specific curriculum expectations within your established teachables

Uncertified teaching experience cannot be used Consider obtaining certification in an AQ – for

example, the additional Qualification course Cooperative Education, Part 1 connects to many different career fields


Applying for Related Years of Experience Work experience must be documented and

verifiable (former pay stubs, tax receipts, etc.) Its important to evaluate whether or not your

past career links in terms of curriculum expectations to your teachables before applying

Duties/Responsibilities in your past position need to correspond with curriculum expectations of your currently held teachables (i.e. English, Math, Science, Geography, History, etc.)


Scenarios Example 1

– A former Airline Attendant working 10 months or more a year full-time for a total of 4 years is able to link her duties/responsibilities with English courses that focus on presentation, communication and report writing skills

– Result: 4 full years of related experience granted

Example 2– A former civil engineer

with 10 years of part-time experience (contracted work) is unable to directly link his engineering duties/responsibilities with Business courses he is qualified to teach

– He enrolls in Cooperative Education, Part 1

– Result: 6 full years of related experience granted


TEACHER SALARY SCALEEffective September 2009

STEP CAT. A0 CAT. A1 CAT. A2 CAT. A3 CAT.A4

0 $39, 477 $42, 910 $44, 876 $49, 466 $51, 430

1 $42, 105 $45, 766 $47, 853 $52, 936 $55, 210

5 $52, 611 $57, 185 $59, 756 $66, 816 $70, 340

8 $60, 487 $65, 748 $68, 683 $77, 224 $81, 682

10 $65, 740 $71, 457 $74, 632 $84, 161 $89, 247


Positions of Responsibility

Applications for positions of responsibility (Department Head, Curriculum/Program Leader Student Success teacher, etc.) require approximately 5 years teaching experience and related qualifications (i.e. Honours Specialist)

1 year probationary period A teacher holding a Position of Responsibility

shall not evaluate other teachers


Annual Allowances, Part 1

POSITION ANNUAL ALLOWANCE

Major Department Head, Programming & Assessment, Resource Teacher

$4, 456.00

Curriculum/Program Leader, Minor Department Head

$2, 228.00


Annual Allowances, Part 2

Special Education and ESL certification

Annual Allowance(based on the % of time

assigned to such classes)

Part I $677.00

Part 2 $1,017.00

Part 3 $1,323.00


Teacher Workload Assignment of teaching load, class

size, number of different class preparations, teaching time, supervision duties and other related assignments to be done in a fair and equitable manner.

Core assignment of 6 credit courses/year (3 credit courses/semester) in a 4 period school day

Teachers are entitled to a 40 minute lunch & 40 minute prep time (no matter what changes may be made in the school schedule)


Benefits Premiums are paid to an Insurance Company so that

members may have access to the following types of benefits:

• Dental care (including restorative & orthodontic)• Semi-private and extended hospital health care• Registered massage, physiotherapy, chiropractic

and naturopathic types of services• Prescription drugs ($10.00 average deductible)• Vision care ( including eye exams)• Orthotics and orthopedic shoes• International Travel Insurance• Life Insurance• Long Term Disability Insurance (LTD)


Sick Leave A full-time teacher’s sick leave account is credited 20

days, at the beginning of each, based on teaching the full school year

All unused sick leave is accumulated from year to year

If transferring from another school board, the teacher’s unused sick leave credits are transferable

Absences of a teacher for reasons of personal illness or immediate family member’s illness for a period of over 5 consecutive working days must be certified by a qualified medical/dental practitioner


Urgent Personal Business A teacher may also take time off for urgent personal

business that arises out of:• Moving • Attendance at a family graduation • Attendance at a funeral of a family member or close

friend • Attendance as a participant at a relevant convention or

conference (1 or more days as necessary)• Attendance as a participant in a music or drama festival,

sports finals (provincial, national or international), etc.• Sudden illness or accident


Leave of Absence with Pay

A teacher may be eligible for a leave of absence with pay and without deductions from sick leave credits for the following reasons:– Illness or death in the immediate family

(5 days)– Quarantine, jury duty, or subpoena to any

court in which the teacher is not charged– Writing of university or similar exams


Leave of Absence Without Pay

At the discretion of the school board, a teacher may be granted a leave of absence without pay for up to one year at a time

A written application for leave is made through the Superintendent at least 2 months before the commencement of the leave

A teacher returning from leave shall return to the same school/workplace employed earlier


Deferred Salary Plan Allows you to plan out a paid leave of

absence by spreading your salary over extra semesters or years

You earn a percentage of your salary in order to travel, spend time with family, focus on your education f/t, etc.

Teacher guaranteed same school placement and classroom assignment/workload similar to previous years

Examples of options that might be available to you: Work 2/3 semesters (67% pay for 3

semesters/3rd semester off) Work 4/5 years (80% pay for 5

years/5th year off)


Sick Leave Gratuity

A school board may pay to each teacher, upon retirement, a gratuity based on the unused portion of a teacher’s sick leave credits accumulated over the years

Based on a maximum of 200 days and the number of years of experience you have with a particular school board, you might be eligible to receive up to 50% of your yearly salary when you retire!


Maternity/Paternity Leave Statutory pregnancy and

parental leaves are granted in accordance with the Employment Standards Act

If a pregnancy leave is requested, a letter from a physician is required, indicating approx. date of birth

If a parental leave is requested, documentation verifying the date of adoption of date of birth is required


Pregnancy / Parental Leave Benefits Continuing participation in benefits plan

during a statutory leave (17 weeks) and first extension of leave (35 weeks)

A teacher is guaranteed the same school and position upon their return

School days spent on a statutory pregnancy/parental leave counts as qualified experience (seniority)


About Your Pension

Contribution Rates

2009

10.4% on first $46,300 (YMPE - Years Maximum Pensionable Earnings)

12.0% thereafter


General information on Pensions

Defined benefit pension plan Once you retire, your benefits are locked-in Improvements can occur through

negotiations Additional information is available at

www.oecta.on.ca/services/tppchanges08

(“Know Your Pension: A Background for OECTA Members and Guide for Beginning Teachers”)


Retirement Pensions

Unreduced• 85 factor OR • Age 65

Reduced– Earliest at age 50– Option of deferred vs. immediate pension


85 Factor The 85 factor is the threshold value you must

reach to avoid a pension reduction through penalty

Calculation:

Age at retirement + Qualifying years = X Factor

i.e. 53 years of age + 32 years of experience = 85


Final ThoughtsFirst Steps When Beginning

Your Teaching Career:

1. Get to know your teacher contract (collective agreement)

2. Introduce yourself to your local school union representative

3. Attend union-sponsored socials and PD events

4. Consider joining a TSU Committee


QUESTIONS


•Obtain your copy of the collective agreement•Contact your local school union representative•Call the Toronto Secondary Unit (TSU) office at (416) 633 - 5502

Understanding Your Contract An Introductory Presentation 04/06/2014TSU-OECTA ANNUAL STAFF REPS IN-...

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