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OECTA & OCSTA

PART A: CENTRAL TERMS

EFFECTIVE SEPTEMBER, 2014

TO

AUGUST 31, 2017

Table of Contents

1. TERM, NOTICE AND RENEWAL OF COLLECTIVE AGREEMENT ................................... 4

1.1 Term of Agreement ...................................................................................... 4

1.2 Amendment of Terms .................................................................................. 4

1.3 Notice to Bargain ......................................................................................... 4

2. SALARY, WAGES, ALLOWANCES .......................................................................... 4

3. SICK LEAVE/SHORT-TERM LEAVE AND DISABILITY PLAN – PERMANENT TEACHERS .. 5

3.1 Sick Leave Benefit Plan ................................................................................ 5

3.2 Sick Leave Days .......................................................................................... 6

3.3 Short-Term Leave and Disability Plan (STLDP) ............................................. 6

3.4 Teacher Pension Plan Implications ............................................................... 6

3.5 Eligibility and Allocation ............................................................................... 7

3.6 Short-Term Leave and Disability Plan Top-Up (STLDPT) ............................... 8

3.7 Administration ............................................................................................. 9

3.8 Long Term Disability (LTD) ........................................................................ 10

4. SICK LEAVE/SHORT-TERM DISABILITY PLAN – LONG-TERM OCCASIONAL TEACHERS

AND TEACHERS EMPLOYED IN A TERM POSITION ......................................................... 11

4.1 Sick Leave Benefit Plan .............................................................................. 11

4.2 Sick Leave Days ........................................................................................ 12

4.3 Short-Term Leave and Disability Plan (STLDP) ........................................... 12

4.4 Teacher Pension Plan Implications ............................................................. 12

4.5 Eligibility and Allocation ............................................................................. 13

4.6 Administration ........................................................................................... 14

4.7 Long Term Disability (LTD) ........................................................................ 15

5. RETIREMENT GRATUITIES AND VOLUNTARY EARLY PAYOUT PLAN ........................ 17

6. PROFESSIONAL JUDGMENT AND EFFECTIVE USE OF DIAGNOSTIC ASSESSMENT ..... 17

6.3 Diagnostic Assessment .............................................................................. 18

7. BENEFITS ...................................................................................................... 18

8. EARNED LEAVE PLAN ....................................................................................... 18

9. RETURN TO BARGAINING UNIT FOR PERMANENT TEACHERS ................................ 20

10. RETURN TO BARGAINING UNIT FOR PRINCIPALS AND VICE-PRINCIPALS .............. 20

11. BOARD-LEVEL JOINT STAFFING COMMITTEE (JSC) .............................................. 21

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12. RECALL RIGHTS .............................................................................................. 22

13. WSIB TOP-UP ................................................................................................. 22

14. PREGNANCY LEAVE SEB PLAN ........................................................................... 22

15. STATUTORY LEAVES OF ABSENCE/SEB ............................................................... 23

15.1 Family Medical Leave or Critically Ill Child Care Leave ............................. 23

Supplemental Employment Benefits (SEB) .......................................................... 23

16. PAID LEAVES OF ABSENCE ............................................................................... 24

17. HIRING PRACTICES ......................................................................................... 24

17.1 Hiring Practice ........................................................................................ 24

17.1.1 Seniority ........................................................................................... 24

17.1.2 The Occasional Teacher Seniority Roster (the “Roster”) .................... 25

17.1.3 The Hiring of Occasional Teachers in Long Term Assignments: .......... 25

17.1.4 The Hiring of Occasional Teachers to Permanent Teaching Positions: 27

18. INFORMATION DISCLOSURE TO THE OCCASIONAL TEACHER BARGAINING UNIT .... 27

19. ACCESS TO INFORMATION ............................................................................... 28

20. CENTRAL DISPUTE RESOLUTION PROCESS ......................................................... 28

LETTER OF AGREEMENT #1 ........................................................................................ 31

RE: Changes to FTE Status Pilot Project ............................................................. 31

LETTER OF AGREEMENT #2 ........................................................................................ 33

Re: RETIREMENT GRATUITIES ............................................................................ 33

LETTER OF AGREEMENT #3 ........................................................................................ 34

RE: Health and Safety ......................................................................................... 34

LETTER OF AGREEMENT #4 ........................................................................................ 36

RE: Existing Provisions on Utilization of Sick Leave/STLDP Days .......................... 36

LETTER OF AGREEMENT #5 ........................................................................................ 37

RE: Benefits ....................................................................................................... 37

1. PRINCIPLES ............................................................................................ 37

2. GOVERNANCE ......................................................................................... 38

3. ELIGIBILITY AND COVERAGE .................................................................. 38

4. FUNDING ................................................................................................ 39

5. SHARED SERVICES ................................................................................. 44

6. ACCOUNTABILITY ................................................................................... 45

7. TRANSITION COMMITTEE ....................................................................... 46

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8. ENROLMENT ........................................................................................... 46

9. Errors and Omissions .............................................................................. 46

10. Claims Support ....................................................................................... 47

11. Privacy ................................................................................................... 47

12. PAYMENTS .............................................................................................. 47

Appendix A – HRIS File .................................................................................... 48

Appendix B ...................................................................................................... 49

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Part A: CENTRAL TERMS

1. TERM, NOTICE AND RENEWAL OF COLLECTIVE AGREEMENT

1.1 Term of Agreement

The term of this collective agreement, including central terms and local terms, shall

be for a period of three (3) years from September 1, 2014 to August 31, 2017,

inclusive.

1.2 Amendment of Terms

The central terms of this agreement, excepting term, may only be amended during

the life of the agreement upon mutual consent of the central parties and agreement

of the Crown.

1.3 Notice to Bargain

Whereas central bargaining is required under the School Boards Collective Bargaining

Act, 2014, notice to bargain centrally shall be in accordance with that Act, and with

the Labour Relations Act. Notice to bargain centrally constitutes notice to bargain

locally.

2. SALARY, WAGES, ALLOWANCES

2.1 Boards shall adjust their current salary grids, wage schedules and allowances

in accordance with the following schedule:

2.1.1 September 1, 2014: 0%

2.1.2 September 1, 2015

2.1.2.1 Restoration of grid movement

2.1.2.2 Provisions in collective agreements between OECTA and English

language separate district school boards which delay movement through

and across salary grids in accordance with experience and qualifications

until the 97th day of the school year shall be deemed to be null and void

and thereafter, shall not form part of those collective agreements.

2.1.2.3 Lump Sum Payments

2.1.2.3.1 Permanent Teachers

Other than occasional teachers and term assignment teachers, all

bargaining unit teachers employed by an English-language separate

district school board on September 8, 2015, shall be paid a lump sum

amount equal to 1% of earned wages in effect September 1, 2015. For

clarity, a teacher need not be actively at work on September 8, 2015 as

a condition of entitlement to the lump sum. The lump sum is payable

within 30 days of the ratification of the Memorandum of Local Terms.

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In the event that a teacher in the employ of a board resigns, retires or

is terminated prior to the end of the 2015 – 2016 school year, there

shall be no recovery of any of the lump sum payment.

2.1.2.3.2 Occasional and Term Assignment Teachers

2.1.2.3.2.1 All Occasional teachers and teachers in a term assignment in the

employ of an English-Language separate district school board on

September 8, 2015 shall be paid a lump sum amount equal to 1%

of earned wages for the period September 1, 2015 to June 30,

2016 payable not later than July 30, 2016 or thirty days (30) from

the date of ratification of the memorandum of settlement of local

terms, whichever is later.

2.1.2.3.2.2 For clarity, an occasional teacher or a teacher in a term

assignment need not be actively at work on September 8, 2015 as

a condition of entitlement to the lump sum.

2.1.2.3.2.3 For purposes of all the foregoing payments and increases,

employment commences upon the offer and acceptance of a

teaching position.

2.1.3 September 1, 2016

2.1.3.1 The parties agree that a 1% increase shall be applied to salary grids,

wage schedules and to position of responsibility allowances.

2.1.4 The parties further agree that on the 98th day of the 2016/2017 school year a

further increase of 0.5% shall be applied to salary grids, wage schedules and to

position of responsibility allowances.

3. SICK LEAVE/SHORT-TERM LEAVE AND DISABILITY PLAN – PERMANENT

TEACHERS

3.1 Sick Leave Benefit Plan

The school board will provide a sick leave/short-term leave and disability plan which

will provide sick leave days and short-term leave and disability coverage to

permanent full-time and part-time teachers, when the teacher is ill or injured or for

purposes of personal medical appointments as described below. Teachers employed

in a term position (including but not limited to adult and continuing education

assignments) or filling a long-term assignment, shall be eligible to receive sick leave

benefits under this plan in accordance with the provisions in the Sick Leave/Short-

Term Leave and Disability Plan – Long-Term Occasional Teachers and Teachers

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Employed in a Term Position. A teacher is eligible for a full allocation of sick leave

and short-term leave and disability plan days regardless of start date of

employment. Sick leave/Short-Term Leave and Disability Plan days will be deducted

in increments consistent with existing practices.

3.2 Sick Leave Days

Subject to paragraphs 3.4-3.8 below, full-time teachers will be allocated eleven (11)

sick days payable at one hundred percent (100%) of salary on the first day of each

school year. (Clarification- For permanent full time teachers the rate will be

calculated by dividing annual grid salary inclusive of any applicable allowances, by

194.) When a teacher’s employment status is less than full time, the teacher’s

eligibility for sick leave credits shall be prorated by the ratio that the teacher’s FTE

status is to full time status. Teachers on an unpaid leave of absence are not eligible

to access benefits under this article for the portion of the workday for which the

teacher is on an unpaid leave of absence. Sick leave days may be used for reasons of

personal illness and injury, and personal medical appointments.

3.3 Short-Term Leave and Disability Plan (STLDP)

Subject to paragraphs 3.4-3.8 below, full-time teachers will be allocated one

hundred and twenty (120) STLDP days on the first day of each school year. If a

teacher’s employment status is less than full time, the teacher’s eligibility for shortterm

disability days shall be prorated by the ratio that the teacher’s FTE status is to

full time status. Teachers on an unpaid leave of absence are not eligible to access

benefits under this article for the portion of the workday for which the teacher is on

an unpaid leave of absence. Teachers eligible to access short-term leave and

disability coverage shall receive payment equivalent to ninety percent (90%) of

annual grid salary (calculated by annual grid salary inclusive of any applicable

allowances, multiplied by 90% divided by 194), in accordance with the terms of this

central agreement.

3.4 Teacher Pension Plan Implications

3.4.1 Contributions will be made by the employee/plan member on the unpaid

portion of each sick leave day under the STLDP, unless directed otherwise in

writing by the employee/plan member;

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

3.4.3 If the plan member/employee exceeds the maximum allowable sick-days and

does not qualify for Long-Term Disability (LTD)/Long-Term Income Protection

(LTIP), 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 to active employment whether on a part time or

graduated basis.

3.4.3.1 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.

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3.4.3.2 If not approved for LTD/LTIP, such absence shall be subject to existing

plan provisions.

3.5 Eligibility and Allocation

3.5.1 The allocations outlined in paragraphs 3.2 and 3.3 above, will be provided on the first

day of each school year. In the event that a teacher is absent on the first day of the

school year, the allocations outlined in paragraphs 3.2 and 3.3 above will be granted

subject to the restrictions outlined in paragraphs 3.5.3 to 3.5.5. If a teacher is

absent on the last day of a school year and the first day of the following school year

for unrelated reasons, the allocations outlined in paragraphs 3.2 and 3.3 above will

be provided on the first day of the school year.

3.5.2 Changes to the teacher’s employment status during a school year shall result in an

adjustment to allocations, as per 3.2 Sick Leave Days and 3.3 Short-Term Leave

and Disability Plan.

3.5.3 Where a teacher is accessing sick leave and/or the short-term leave and disability plan

in a school year and the absence for the same condition continues into the following

school year, the teacher will continue to access any unused sick leave days or shortterm

disability days from the previous school year’s allocation. A new allocation in

accordance with paragraphs 3.2 and 3.3 will not be provided to the teacher until

s/he has submitted medical clearance (consistent with the requirements of

paragraph 3.7) confirming that s/he is able to return to work and a bona fide return

to work occurs.

3.5.4 A teacher who has utilized 131 days of combined sick leave and short-term leave and

disability leave in the immediately preceding school year and continues to be absent

for the same condition must provide medical clearance (consistent with the

requirements of paragraph 3.7) confirming s/he is able to return to work and a bona

fide return to work occurs, before s/he will be allocated further leave under this

Article in the next school year.

3.5.5 A teacher returning from a long-term disability leave must provide medical clearance

(consistent with the requirements of paragraph 3.7) confirming s/he is able to return

to work and a bona fide return to work occurs for the teacher to receive a new

allocation of sick leave/short-term leave and disability leave. If the teacher has a

recurrence of the same illness or injury the teacher is required to apply to reopen the

previous LTD or WSIB claim.

3.5.6 WSIB remains first payor. A teacher who is receiving benefits under the Workplace

Safety and Insurance Act, is not entitled to benefits under a school board’s sick leave

and short-term leave and disability plan for the same condition. However, where a

teacher is receiving partial benefits under WSIB, they may be entitled to receive

benefits under the sick leave plan, subject to the circumstances of the specific

situation. During the interim period from the date of injury/incident or illness to the

date of approval by the WSIB of the claim, the teacher may access sick leave and

short-term leave and disability

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coverage. A reconciliation of sick leave deductions made and payments provided, will

be undertaken by the school board once the WSIB has adjudicated and approved the

claim. In the event that the WSIB does not approve the claim, the school board shall

deal with the absence consistent with the terms of this sick leave and short-term

leave and disability plan.

3.5.7 LTD remains first payor. A teacher who is receiving benefits under an LTD plan, is not

entitled to benefits under a school board’s sick leave and short-term leave and

disability plan for the same condition. However, where a teacher is receiving partial

benefits under an LTD plan, they may be entitled to receive benefits under the sick

leave plan, subject to the circumstances of the specific situation. During the interim

period from the date of injury/incident or illness to the date of approval by the LTD

carrier of the claim, the teacher may access sick leave and short-term leave and

disability coverage. A reconciliation of sick leave deductions made and payments

provided, will be undertaken by the school board once the LTD carrier has

adjudicated and approved the claim. In the event that the LTD carrier does not

approve the claim, the school board shall deal with the absence consistent with the

terms of this sick leave and short-term leave and disability plan.

3.5.8 Where a teacher is not receiving benefits from another source, and is working less

than their full time equivalency in the course of a graduated return to work as the

teacher recovers from an illness or injury, the teacher may use any sick/short-term

leave and disability allocation remaining, if any, for the portion of the day where the

teacher is unable to work due to illness or injury. A partial sick/short-term leave day

will be deducted for an absence of a partial day in the same proportion as the

duration of the absence is to a full instructional day.

3.6 Short-Term Leave and Disability Plan Top-Up (STLDPT)

For teacher absences that extend beyond the eleven (11) sick leave days provided

above, 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:

3.6.1 Eleven (11) days less the number of sick days used in the prior year. These days

constitute the top-up bank.

3.6.2 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 as described in 3.6.1 above.

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3.6.3 When teachers use any part of a short-term sick leave day they may access their topup

bank to top up their salary to 100%. For clarity, one day in a top-up bank may be

used to top-up ten days of STLDP from 90% to 100% of salary.

3.7 Administration

3.7.1 A school board may request medical confirmation of illness or injury confirming the

dates of absence, the reason therefore (omitting a diagnosis), the teacher’s

prognosis and any limitations or restrictions. Medical confirmation will be required to

be provided by the teacher as determined by the school board for absences of 5

consecutive days or greater. Boards are entitled to make reasonable follow up

requests and seek reasonable periodic updates. Requests shall be sent to the teacher

who shall be responsible for authorizing their medical practitioner to respond in a

timely fashion. The medical confirmation and follow up requests may be required to

be provided in the attached form (Appendix B) or on forms as mutually agreed

between the school board and the Association, where appropriate. Where a school

board requires the completion of the attached form (or other similar form) it shall

reimburse the cost up to a maximum of $45.00, or in accordance with existing

practice (i.e. the manner in which it was reimbursed as of August 31, 2014).

3.7.2 School boards shall provide to the local unit president(s) a list of all teachers who

have been absent for eleven (11) or more consecutive days within a week following

the end of each calendar month. This report shall be for the purpose of activating the

early intervention program associated with the OECTA LTD plan.

3.7.3 Teachers returning to work after an extended medical leave of absence or seeking

accommodation will be required to provide medical clearance (consistent with the

requirements herein) providing confirmation of fitness to return to work, outlining

any limitations or restrictions prior to returning to active employment. A return to

work meeting shall occur prior to the teacher returning to active employment. The

returning teacher, the unit president (or designate) and Human Resource

Supervisory Officer (or designate) shall be notified of and entitled to attend the

return to work meeting. The parties agree that return to work meetings are to be

scheduled in a timely manner but not more than ten (10) weekdays after receiving

medical clearance and any reasonably required follow up to return to active

employment. Requests for follow up information shall be made in a timely manner.

The timelines may be extended if there are extenuating circumstances, by mutual

agreement.

3.7.4 In cases where a teacher refuses to reasonably cooperate in the administration of the

sick leave and short-term leave and disability plan, access to compensation may be

suspended or denied. Before access to compensation is denied, discussion will occur

between OECTA and the school board. Compensation will not be denied for the sole

reason that the medical

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practitioner refuses to provide the required medical

information. In such cases, a school board may require an independent medical

examination to be completed by a medical practitioner qualified in respect of the

illness or injury at issue of the school board’s choice at the school board’s sole

expense.

In cases where the teacher’s failure to cooperate is the result of a medical condition,

the board shall consider those extenuating circumstances in arriving at a decision.

3.7.5 Medical information collected under this article will not be subject to unreasonable

review by boards. Boards will accommodate limitations and restrictions consistent

with their duty to accommodate.

3.8 Long Term Disability (LTD)

3.8.1 The school board shall cooperate in the administration of the LTD Plan. It is

understood that administration means that the school board will co-operate with the

enrolment and deduction of premiums and provide available necessary data to the

insurer, upon request. The school board will remit premiums collected to the carrier

on behalf of the teachers.

3.8.2 Where the plan administrator implements changes in the terms and conditions of the

LTD Plan or the selection of an insurance carrier, the school board shall, for

administrative purposes, be advised of changes at least thirty (30) days prior to the

date the changes are to be implemented.

3.8.3 The Association is the policyholder of the Long-Term Disability Plans effective January

1, 2013, except as determined by 3.8.9 below. School boards shall promptly provide

all data, related to the Long-Term Disability Plans, as requested by the Association’s

carrier.

3.8.4 All teachers shall participate in the Long-Term Disability Plan as a condition of their

employment subject to the terms of the respective plan.

3.8.5 The Association will work with school boards and/or OCSTA to consider including nonteaching

staff in a separate plan(s) where the viability of a current LTD plan remains

in question after the teachers are withdrawn from the existing plan. The Association

will decide upon any request by a school board whether or not to accept other

employee groups into a long term disability plan(s), subject to plan provisions as

determined by the Association.

3.8.6 The school boards shall enroll all teachers, identified in paragraph 3.8.4 above, in the

Long-Term Disability Plan in the manner prescribed by the Association.

3.8.7 The school boards shall complete the Plan Administrator Statement as required by the

plan provisions. The plan provider shall provide teachers identified in paragraph

3.8.4 above represented by the Association with LTD Claim kits.

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3.8.8 The school boards shall be responsible for the deduction and remittance of LTD

premium contributions within fifteen (15) days in the manner prescribed by the

Association. Boards shall be responsible for collecting premiums from teachers who

are on a leave of absence from the board.

3.8.9 The Association shall consider requests by the Dufferin-Peel, Huron-Superior and

London District Catholic School Boards to be a part of the Association Long-Term

Disability Plan. The school boards shall continue to pay the LTD premiums for

teachers and remit said premiums in accordance with paragraph 3.8.8 above unless

otherwise agreed to by those school boards and the respective local units of the

Association.

3.8.10 The Association shall assume all other administrative functions of the Long-Term

Disability Plans for the Teachers.

3.8.11 The Association shall determine the design of the Long-Term Disability Plans, the

terms and conditions of the plans and the selection of carrier(s), except for those

boards listed in 3.8.9 above.

3.8.12 The school board shall provide the local unit notice regarding all individuals who begin

to access the short-term leave and disability plan.

3.8.13 School boards shall participate in early intervention programs initiated on behalf of

disabled teachers.

3.8.14 School boards shall participate in return to work programs initiated on behalf of

disabled teachers.

3.8.15 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% of the LTD premiums (Dufferin-Peel CDSB

and Huron-Superior CDSB).

3.8.16 LTD is separate and distinct from STLDP and sick leave. An unsuccessful LTD claim

does not preclude a teacher from receiving STLDP and sick leave.

4. SICK LEAVE/SHORT-TERM DISABILITY PLAN – LONG-TERM OCCASIONAL TEACHERS

AND TEACHERS EMPLOYED IN A TERM POSITION

4.1 Sick Leave Benefit Plan

The school board will provide a sick leave/short-term leave and disability plan

which will provide sick leave days and short-term leave and disability coverage to

teachers employed in a term position (including but not limited to adult and

continuing education assignments) or filling a long-term assignment, when the

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teacher is ill or injured or for purposes of personal medical appointments as

described below. Sick leave/Short-Term Leave and Disability Plan days will be

deducted in increments consistent with existing practices.

4.2 Sick Leave Days

Subject to paragraphs 4.4 - 4.6 below, teachers employed by a board to fill a

term or long-term teaching assignment that is a full year will be allocated eleven

(11) sick days payable at one hundred percent (100% - calculated by dividing

annual grid salary, inclusive of any applicable allowances, by 194 OR their daily

rate, as applicable) allocated at the commencement of the assignment. A teacher

who is employed by a board to fill a term or long-term teaching assignment that

is less than a full year will be allocated eleven (11) sick days, reduced to reflect

the proportion the assignment bears to the length of the regular work year (194

days), and allocated at the start of the assignment. If a teacher’s employment

status is less than full-time, the teacher’s allocation of sick leave credits shall be

prorated by the ratio that the teacher’s FTE status is to full-time status. Sick

leave days may be used for reasons of personal illness and injury, and personal

medical appointments.

4.3 Short-Term Leave and Disability Plan (STLDP)

4.3.1 Subject to paragraphs 4.4 - 4.6 below, a teacher employed by a board to fill a

term or long-term teaching assignment that is a full year will be allocated one

hundred and twenty (120) STLDP days on the first day of the teacher’s

assignment. A teacher who is employed by a board to fill a term or long-term

teaching assignment that is less than a full year will be allocated one hundred and

twenty (120) STLDP days, reduced to reflect the proportion the assignment bears

to the length of the regular work year (194 days), and allocated at the start of the

assignment. If a teacher’s employment status is less than full time, the teacher’s

eligibility for short-term leave and disability days shall be prorated by the ratio

that the teacher’s FTE status is to full time status. Teachers eligible to access

short-term leave and disability coverage shall receive payment equivalent to

ninety percent (90%) of their applicable salary or daily rate.

4.3.2 A teacher employed by a board to fill a term or long-term teaching assignment

may carry over unused sick leave from one term or long-term teaching

assignment to another term or long-term teaching assignment within the same

school year.

4.4 Teacher Pension Plan Implications

4.4.1 Contributions will be made by the employee/plan member on the unpaid

portion of each sick leave day under the STLDP, unless directed otherwise in

writing by the employee/plan member;

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

4.4.3 If the plan member/employee exceeds the maximum allowable sick-days and

does not qualify for Long-Term Disability (LTD)/Long-Term Income Protection

(LTIP), pension contributions will cease and the employee is not eligible to earn

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pensionable service until the LTD/LTIP claim is re-assessed and approved or if the

employee returns to active employment whether on a part time or graduated basis.

4.4.3.1 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 LTD/LTIP benefits begin and the

government/employer will be obligated to match these contributions.

4.4.3.2 If not approved for LTD/LTIP, such absence shall be subject to existing plan

provisions.

4.5 Eligibility and Allocation

4.5.1 The allocations outlined in paragraphs 4.2 - 4.3 above, will be provided on the first

day of the term or long-term assignment.

4.5.2 Sick leave and short-term leave and disability plan leave may only be accessed by

teachers in the school year in which the allocation was provided. A teacher may use

any remaining allocation of sick leave or short-term leave and disability leave in a

subsequent term or long-term assignment, provided the assignments occur in the

same school year.

4.5.3 Changes to the teacher’s assignment during a school year shall result in an

adjustment to allocations, as per 4.2 Sick Leave Days and 4.3 Short-Term Leave

and Disability Plan.

4.5.4 WSIB remains first payor. A teacher who is receiving benefits under the Workplace

Safety and Insurance Act, is not entitled to benefits under a school board’s sick leave

and short-term leave and disability plan for the same condition. However, where a

teacher is receiving partial benefits under WSIB, they may be entitled to receive

benefits under the sick leave plan, subject to the circumstances of the specific

situation. During the interim period from the date of injury/incident or illness to the

date of approval by the WSIB of the claim, the teacher may access sick leave and

short-term leave and disability coverage. A reconciliation of sick leave deductions

made and payments provided, will be undertaken by the school board once the WSIB

has adjudicated and approved the claim. In the event that the WSIB does not

approve the claim, the school board shall deal with the absence consistent with the

terms of this sick leave and short-term leave and disability plan.

4.5.5 LTD remains first payor. A teacher who is receiving benefits under an LTD plan, is not

entitled to benefits under a school board’s sick leave and short-term leave and

disability plan for the same condition. However, where a teacher is receiving partial

benefits under an LTD plan, they may be entitled to receive benefits under the sick

leave plan, subject to the circumstances of the specific situation. During the interim

period from the date of injury/incident or illness to the date of approval by the LTD

carrier of the claim, the teacher may access

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sick leave and short-term leave and disability coverage. A reconciliation of sick

leave deductions made and payments provided, will be undertaken by the school

board once the LTD carrier has adjudicated and approved the claim. In the event

that the LTD carrier does not approve the claim, the school board shall deal with

the absence consistent with the terms of this sick leave and short-term leave and

disability plan.

4.5.6 Where a teacher is not receiving benefits from another source, and is working less

than their full time equivalency in the course of a graduated return to work as the

teacher recovers from an illness or injury, the teacher may use any sick

leave/short-term disability leave allocation remaining, if any, for the portion of the

day where the teacher is unable to work due to illness or injury. A partial sick

leave/short-term disability leave day will be deducted for an absence of a partial

day in the same proportion as the duration of the absence is to a full instructional

day.

4.6 Administration

4.6.1 A school board may request medical confirmation of illness or injury confirming the

dates of absence, the reason therefore (omitting a diagnosis), the teacher’s prognosis

and any limitations or restrictions. Medical confirmation will be required to be provided

by the teacher as determined by the school board for absences of 5 consecutive days

or greater. Boards are entitled to make reasonable follow up requests and seek

reasonable periodic updates. Requests shall be sent to the teacher who shall be

responsible for authorizing their medical practitioner to respond in a timely fashion.

The medical confirmation and follow up requests may be required to be provided in

the attached form (Appendix B) or on forms as mutually agreed between the school

board and the Association, where appropriate. Where a school board requires the

completion of the attached form (or other similar form) it shall reimburse the cost up

to a maximum of $45.00, or in accordance with existing practice (i.e. the manner in

which it was reimbursed as of August 31, 2014).

4.6.2 Teachers returning to work after an extended medical leave of absence or seeking

accommodation will be required to provide medical clearance (consistent with the

requirements herein) providing confirmation of fitness to return to work, outlining any

limitations or restrictions prior to returning to active employment. A return to work

meeting shall occur prior to the teacher returning to active employment. The returning

teacher, the unit president (or designate) and Human Resource Supervisory Officer (or

designate) shall be notified of and entitled to attend the return to work meeting. The

parties agree that return to work meetings are to be scheduled in a timely manner but

not more than ten (10) weekdays after receiving medical clearance and any

reasonably required follow up to return to active employment. Requests for follow up

information shall be made in a timely manner. The timelines may be extended if there

are extenuating circumstances, by mutual agreement.

4.6.3 In cases where a teacher refuses to reasonably cooperate in the administration of the

sick leave and short-term leave and disability plan, access to

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compensation may be suspended or denied. Before access to compensation is

denied, discussion will occur between OECTA and the school board. Compensation

will not be denied for the sole reason that the medical practitioner refuses to provide

the required medical information. In such cases, a school board may require an

independent medical examination to be completed by a medical practitioner qualified

in respect of the illness or injury at issue of the school board’s choice at the school

board’s sole expense.

In cases where the teacher’s failure to cooperate is the result of a medical condition,

the board shall consider those extenuating circumstances in arriving at a decision.

4.6.4 Medical information collected under this article will not be subject to unreasonable

review by boards. Boards will accommodate limitations and restrictions consistent

with their duty to accommodate.

4.7 Long Term Disability (LTD)

4.7.1 The school board shall cooperate in the administration of the LTD Plan. It is

understood that administration means that the school board will co-operate with the

enrolment and deduction of premiums and provide available necessary data to the

insurer, upon request. The school board will remit premiums collected to the carrier

on behalf of the teachers.

4.7.2 Where the plan administrator implements changes in the terms and conditions of the

LTD Plan or the selection of an insurance carrier, the school board shall, for

administrative purposes, be advised of changes at least thirty (30) days prior to the

date the changes are to be implemented.

4.7.3 The Association is the policyholder of the Long-Term Disability Plans effective January

1, 2013, except as determined by 4.7.9 below. School boards shall promptly provide

all data, related to the Long-Term Disability Plans, as requested by the Association’s

carrier.

4.7.4 All teachers shall participate in the Long-Term Disability Plan as a condition of their

employment subject to the terms of the respective plan.

4.7.5 The Association will work with school boards and/or OCSTA to consider including nonteaching

staff in a separate plan(s) where the viability of a current LTD plan remains

in question after the teachers are withdrawn from the existing plan. The Association

will decide upon any request by a school board whether or not to accept other

employee groups into a long term disability plan(s), subject to plan provisions as

determined by the Association.

4.7.6 The school boards shall enroll all teachers, identified in paragraph 4.7.4 above, in the

Long-Term Disability Plan in the manner prescribed by the Association.

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4.7.7 The school boards shall complete the Plan Administrator Statement as required by the

plan provisions. The plan provider shall provide teachers identified in paragraph

4.7.4 above represented by the Association with LTD Claim kits.

4.7.8 The school boards shall be responsible for the deduction and remittance of LTD

premium contributions within fifteen (15) days in the manner prescribed by the

Association. Boards shall be responsible for collecting premiums from teachers who

are on a leave of absence from the board.

4.7.9 The Association shall consider requests by the Dufferin-Peel, Huron-Superior, and

London District Catholic School Boards to be a part of the Association Long-Term

Disability Plan. The school boards shall continue to pay the LTD premiums for

teachers and remit said premiums in accordance with paragraph 4.7.8 above,

unless otherwise agreed to by those school boards and the respective local units of

the Association.

4.7.10 The Association shall assume all other administrative functions of the Long-Term

Disability Plans for the Teachers.

4.7.11 The Association shall determine the design of the Long-Term Disability Plans, the

terms and conditions of the plans and the selection of carrier(s), except for those

boards listed in 4.79 above.

4.7.12 The school board shall provide the local unit notice regarding all individuals who begin

to access the short term leave and disability plan.

4.7.13 School boards shall participate in early intervention programs initiated on behalf of

disabled teachers.

4.7.14 School boards shall participate in return to work programs initiated on behalf of

disabled teachers.

4.7.15 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 one hundred percent (100%) of the LTD

premiums (Dufferin-Peel CDSB and Huron-Superior CDSB).

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4.7.16 LTD is separate and distinct from STLDP and sick leave. An unsuccessful LTD claim

does not preclude a teacher from receiving STLDP and sick leave.

5. RETIREMENT GRATUITIES AND VOLUNTARY EARLY PAYOUT PLAN

5.1 Effective August 31, 2012, employees eligible for a retirement gratuity (as set out in

the Letter of Agreement #2) shall have accumulated sick days vested, up to the

maximum eligible under the retirement gratuity plan.

5.2 A Teacher eligible for a Sick Leave Credit retirement gratuity in accordance with 5.1

above, may request a payout of his/her gratuity by no later than May 31, 2016. The

payout shall be made by August 31, 2016.

5.3 The payout for teachers under the age of fifty-eight (58) as of June 30, 2016 shall be

equivalent to the present discounted value of 5.1 above based on a discount rate of

7.87% and on the average retirement age of fifty-eight (58) less the teacher’s age as

at June 30, 2016.

5.4 The payout for teachers who have reached the age of fifty-eight (58) as of June 30,

2016 shall be equivalent to the present discounted value of 5.1 above based on a

discount rate of two percent (2%).

6. PROFESSIONAL JUDGMENT AND EFFECTIVE USE OF DIAGNOSTIC ASSESSMENT

6.1 Should an existing local collective agreement provision provide a greater benefit to a

teacher than the benefit provided by this provision, the existing provision shall

prevail.

6.2 "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 the

learning cycle.

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6.3 Diagnostic Assessment

6.3.1 Boards shall provide a list of pre-approved assessment tools consistent with their

Board improvement plan for student achievement and which is compliant with

Ministry of Education PPM (PPM 155: Diagnostic Assessment in Support of Student

Learning, date of issue January 7, 2013).

6.3.2 Teachers shall use their professional judgment to determine which assessment and/or

evaluation tool(s) from the Board list of preapproved assessment tools is

applicable, for which student(s), as well as the frequency and timing of the tool. In

order to inform their instruction, teachers must utilize diagnostic assessment during

the school year.

7. BENEFITS

7.1 The Parties have agreed to participate in the OECTA ELHT, as set out in the appended

Letter of Agreement #5. The date on which the board and the bargaining unit

commence participation in the Trust shall be referred to herein as the “Participation

Date”.

7.2 In accordance with section 4.1.4 i) of Letter of Agreement #5 the Board will continue

to provide benefits in accordance with the existing terms and conditions of the collective

agreement related to life, health and dental benefit plans in effect as of August 31,

2014 until the Participation Date. Subsequent to the Participation Date, the board will

cease to provide such benefits and the related collective agreement language shall

cease to have effect. Notwithstanding the above, the board’s obligation to provide pay

in lieu for benefits to daily occasional teachers as per the local collective agreement

shall continue.

8. EARNED LEAVE PLAN

8.1 The following program is applicable to all permanent teachers.

8.2 OECTA bargaining units must elect between the following provision and the preexisting

attendance-related earned leave program, but shall not receive benefit under

both. Such election shall be resolved prior to ratification of local collective agreements

at these boards. If an OECTA bargaining unit elects a pre-existing attendance-related

earned leave program, the program shall not be bargained or otherwise changed.

8.3 This program shall not diminish any right or entitlement under any other unpaid leave

provision or practice in effect as of August 31, 2014.

8.4 The board will communicate no later than October 15, 2015, the 2014/2015 board

average annual rate of permanent teachers’ absenteeism by bargaining unit consisting

of the use of paid sick leave, short-term disability, and other paid leave days excluding

bereavement, jury duty, quarantine, association leave, long-term disability, and WSIB.

8.5 For the 2015-16 school year, each permanent teacher with a rate of absenteeism less

than or equal to the greater of: the 2014-15 board average (as calculated in 8.4 above)

minus one (1) day; or seven (7) days, shall be provided with one partially

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-paid day (PPD) off reimbursed at the occasional teacher rate of pay and access to one

voluntary unpaid day leave of absence.

8.6 For each subsequent year, the process outlined in 8.4 and 8.5 above continues with

the appropriate adjustment in the school year dates.

8.7 The targets in 8.5 above shall be pro-rated for permanent teachers teaching less than

1.0 FTE.

8.8 PPDs and unpaid days earned under 8.5 or 8.6 can be accumulated to a maximum of

six (6) days.

8.9 Two (2) PPDs under 8.5 or 8.6 can be combined for a paid day (PD) off at full salary.

8.10 Part-time teachers, teachers who were hired after the commencement of the school

year, and teachers that returned from WSIB and LTD, must have worked for at least

ninety-seven (97) days in the school year to be eligible. In this case, the calculation

per 8.5 and 8.6 above shall be pro-rated based on the number of days worked

compared to the number of school days in the year.

8.11 By October 15 of the applicable year, the local unit shall be advised of the average

rate of absenteeism by bargaining unit. All permanent teachers shall be advised of their

own rate of absenteeism, and whether the teacher is entitled under 8.5 through 8.9.

8.12 Teachers requesting to schedule the leave day(s) shall provide at least twenty (20)

calendar days’ written notice of the requested days.

8.13 Access to leave days is available at any time during the school year.

8.14 Leave day(s) requests shall not be denied subject to reasonable system and school

requirements.

8.15 It is understood that teachers taking a leave day(s) shall be required to provide

appropriate work for each of their classes and other regular teaching and assessment

responsibilities shall be completed including but not limited to preparation of report

cards.

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

legislation:

Within the purview of the Teachers’ Pension Act (TPA), the Minister of Education will

seek an agreement from the Ontario Teachers' Federation (OTF) to amend the Ontario

Teachers' Pension Plan (OTPP) to allow for adjusting pension contributions to reflect

the Earned Paid Leave Plan with the following principles:

8.16.1 Contributions will be made by the employee/plan member on the unpaid portion of

each partially-paid day (PPD) or unpaid day, unless directed otherwise in writing by the

employee/plan member;

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

8.16.3 The exact plan amendments required to implement this change will be developed

in collaboration with the OTPP and the co-sponsors of the OTPP (OTF and the Minister of

Education); and

8.16.4 The plan amendments will respect any legislation that applies to registered

pension plans, such as the Pension Benefits Act and the Income Tax Act.

8.17 The Board shall report leave days to each Association Bargaining Unit, including the

names of applicants and the total approvals on an annual basis.

8.18 Leave days, once confirmed, are irrevocable by either the teacher or the board except

by mutual consent.

8.19 Leave day(s) requests are processed on a “first come, first served” basis.

8.20 Request for leave days on scheduled Professional Activity days shall not be denied.

8.21 Leave days may be used in conjunction with existing contractual provisions (e.g.

Personal Days, other collective agreement leave provisions, etc.).

8.22 All written requests for leave days shall be processed by the school board and

responded to in writing within ten (10) calendar days.

8.23 Leave days shall not be subject to calendar restrictions.

9. RETURN TO BARGAINING UNIT FOR PERMANENT TEACHERS

9.1 In addition to any other applicable leave provisions, any teacher shall be entitled to a

board-approved unpaid leave of absence to work at another District School Board in

Ontario or any other employer. Leaves will be granted in increments of half-year

(semester/term) or full-year, as requested by the teacher, but shall not exceed

twenty-four (24) months. Such teacher shall return without loss of seniority within

the local bargaining unit. Application for this leave shall be made prior to March 1 of

the preceding school year.

9.2 The return of any teacher to the bargaining unit is not contingent upon there being a

vacancy for which the individual is qualified.

10. RETURN TO BARGAINING UNIT FOR PRINCIPALS AND VICE-PRINCIPALS

10.1 Any principal or vice-principal who returns to the bargaining unit within twenty-four (24)

months of their appointment to administration shall be permitted to do so without loss

of seniority within the local bargaining unit.

10.2 If a vacancy is created by the appointment it shall be filled by a permanent teachers.

10.3 The return of any principal or vice-principal to the bargaining unit is contingent upon

there being a vacancy for which the individual is qualified. In the event that no such

vacancy exists, the principal or vice-principal shall be placed on the redundancy list.

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10.4 No member of the bargaining unit shall be adversely affected by being displaced or having their

assignment changed as a result of the return, in the year in which the principal or vice-principal

returns to the bargaining unit.

11. BOARD-LEVEL JOINT STAFFING COMMITTEE (JSC)

11.1 Should any 2012-2014 collective agreement (including practices thereunder, Letters

of Intent or Understanding, Minutes of Settlement, or other memoranda) contain

superior board level joint staffing committee provisions to any central or local term,

or conditions that are otherwise not addressed in central or local terms, those

provisions shall endure and prevail.

11.2 The Board-Level Joint Staffing Committee (JSC) shall meet within thirty (30) days of

ratification of this agreement.

11.3 The committee shall be comprised of equal numbers of members to be appointed by

the Association and the school board respectively, not to exceed six (6) members in

total.

11.4 The committee shall have co-chairs selected by the Association and the school board

respectively from among their appointees to the committee.

11.5 The committee co-chairs shall draft agenda and discussion items collaboratively.

11.6 At a minimum, the JSC shall meet at least once in each quarter as follows: by April

15, August 30, November 15, and January 15 of each school year, or as otherwise

mutually agreed.

11.7 Discussion items and functions shall include but are not limited to:

· Enrolment

· Class size

· Existing staffing model and staff allocation

· Monitoring compliance with respect to Ministry/collective agreement staffing

requirements

· Making recommendations on and monitoring the implementation of new

programs/initiatives

11.8 The members of the JSC may request specific information to inform discussion of

agenda items and the performance of the committee's functions. Without limiting the

foregoing, the information provided to members of the JSC shall include:

· Information necessary to monitor compliance with staffing requirements

· Financial information that has been publicly approved by the Board

· The number of teachers employed by the school board and changes to the numbers so

employed

· Class sizes as at September 30th of each school year

· Continuing Education programs and related staffing

· NTIP

· Professional learning and Learning to 18 reforms

· E-learning

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· Persons employed pursuant to letters of permission, temporary letters of approval and

use of uncertified teaching personnel

· Information relating to the employment or allocation of daily, long-term or permanent

assignments to occasional teachers

11.9 The School Board shall provide this information to the members of the JSC and the

Association no later than seventy-two (72) hours prior to JSC meetings unless

otherwise agreed.

12. RECALL RIGHTS

12.1 The parties agree that Local boards will increase the length of time contained in their

local collective agreements providing rights to recall by an additional two (2) years.

12.2 For any board collective agreement that does not provide recall rights, that board shall

provide for rights of recall for a period of two (2) years.

12.3 By mutual agreement, local parties may negotiate changes to any aspects of recall

rights other than the duration of an employee’s recall rights.

13. WSIB TOP-UP

WSIB top up benefits shall be maintained in accordance with the 2008-2012 local

collective agreement. For clarity, where the current WSIB top up is deducted from sick

leave the board shall maintain the same level of top up without deduction from sick

leave.

14. PREGNANCY LEAVE SEB PLAN

14.1 Teachers eligible for Employment Insurance while on pregnancy leave shall receive

100% of 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. This

amount shall be received without deduction from sick leave or short term disability

coverage. The amount paid by the school board for the eight (8) week period shall be

equal to the teacher’s annual salary divided by the number of school days in a school

year (194 days), less the amount the teacher receives from Employment Insurance.

14.2 Teachers not eligible for Employment Insurance while on pregnancy leave 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 short term disability coverage. For clarity, for any

part of the eight (8) weeks that falls during a period of time that is not paid (i.e.

summer, March Break, etc.), the remainder of the eight (8) weeks of top up shall be

payable after that period of time. When the birth of the teacher’s child occurs in a

non-work period, she will nevertheless be provided with payment for the 2 week

waiting period as part of the 8 week SEB.

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14.3 Teachers who require a longer than eight (8) week recuperation period shall have

access to sick leave and short term disability coverage through the school board’s

normal adjudication process.

14.4 Long Term Occasional Teachers, or teachers hired in term positions, shall be eligible

for the SEB as described herein for a maximum of eight (8) weeks with the length of

the benefit limited by the term of the assignment. Teachers on daily casual

assignments are not entitled to the benefits outlined in this article.

14.5 For clarity, the aforementioned eight (8) weeks of 100% salary is the minimum for all

eligible teachers. Where superior maternity entitlements existed in the 2008-2012

collective agreement, those superior provisions shall continue to apply.

14.6 Notwithstanding 14.1 through 14.5 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% would result in 6 weeks at 100% pay and an additional 11 weeks at 90%.

15. STATUTORY LEAVES OF ABSENCE/SEB

15.1 Family Medical Leave or Critically Ill Child Care Leave

15.1.1 Family Medical Leave or Critically Ill Child Care leaves granted to a teacher

under this Article shall be in accordance with the provisions of the Employment

Standards Act, as amended.

15.1.2 The teacher will provide to the employer such evidence as necessary to prove

entitlement under the ESA.

15.1.3 A teacher contemplating taking such leave(s) shall notify the employer of the

intended date the leave is to begin and the anticipated date of return to active

employment.

15.1.4 Seniority and experience continue to accrue during such leave(s).

15.1.5 Where a teacher is on such leave(s), the Employer shall continue to pay its

share of the benefit premiums, where applicable. To maintain participation and

coverage under the Collective Agreement, the teacher must agree to provide

for payment for the teacher’s share of the benefit premiums, where applicable.

15.1.6 In order to receive pay for such leaves, a teacher must access Employment

Insurance and the Supplemental Employment Benefit (SEB) in accordance with

15.1.7 to 15.1.10, if allowable by legislation. An employee who is eligible for

E.I. is not entitled to benefits under a school board’s sick leave and short term

leave and disability plan.

Supplemental Employment Benefits (SEB)

15.1.7 The Employer shall provide for permanent teachers who access such leaves, a

SEB plan to top up their E.I. Benefits. The permanent teacher who is eligible for

such leave shall receive 100% salary for a period not to exceed eight (8)

weeks provided the period falls within the school year and during a period for

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which the permanent teacher would normally be paid. The SEB Plan pay will be

the difference between the gross amount the teacher receives from E.I. and

their regular gross pay.

15.1.8 Long Term Occasional Teachers with an assignment of at least ninety-seven

(97) school days in length shall also be eligible for the SEB plan with the length

of the benefit limited by the term of the assignment.

15.1.9 SEB payments are available only to supplement E.I. benefits during the

absence period as specified in this plan.

15.1.10 The teacher must provide the Board with proof that he/she has applied for and

is in receipt of employment insurance benefits in accordance with the

Employment Insurance Act, as amended, before SEB is payable.

16. PAID LEAVES OF ABSENCE

16.1 For permanent teachers and long-term occasional teachers, any leave of absence for

reasons other than illness or injury that, under a provision of the 2008-12

Collective Agreement or board practices and policies in effect during the 2008-2012

collective agreement that utilized deduction from sick leave, shall be granted

without loss of salary or deduction from sick leave, to a maximum of five (5)

days per school year. Collective agreements or board practices and policies in

effect from September 1, 2012 to August 31, 2014, that had five (5) days

or less, shall remain at that number. Collective agreements or board practices and

policies in effect from September 1, 2012 to August 31, 2014 that had 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.

16.2 Other paid leave provisions shall remain status quo to the local collective

agreement.

17. HIRING PRACTICES

17.1 Hiring Practice

The following language shall be incorporated into every local occasional teacher

collective agreement:

Occasional Teachers (OTs) play a critical role in the educational achievement of

Ontario`s students and Ontario’s new teachers are increasingly relying on occasional

teaching assignments as their introduction to the teaching profession. The OT role is

challenging and builds experience which should be recognized by Boards in the hiring

for Long Term Occasional (LTO) and/or permanent positions. It is critical that the

process to gain such positions be fair and transparent.

17.1.1 Seniority

Seniority as an Occasional Teacher shall commence on the most recent date of

hire to the Occasional Teacher Bargaining Unit and shall continue uninterrupted

thereafter.

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17.1.2 The Occasional Teacher Seniority Roster (the “Roster”)

17.1.2.1 The Roster shall provide, in decreasing order of seniority, the names of the Occasional

Teachers, the most recent date of hire to the Occasional Teacher Bargaining Unit (seniority

date), and experience.

17.1.2.2 For the purpose of establishing the order of the Roster, 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:

17.1.2.2.1 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);

17.1.2.2.2 Teaching experience as a certified teacher in Ontario;

17.1.2.2.3 Or failing that, by lot conducted in the presence of the President of the

Occasional Teacher bargaining unit or designate.

17.1.2.3 The Board shall provide the Roster, as at September 1st of each school year, to the

Bargaining Unit and shall distribute a copy of the Roster to each teacher worksite by

Sept 30th of each school year. The Board shall post the Roster on the OECTA bulletin

board at each work site.

17.1.3 The Hiring of Occasional Teachers in Long Term Assignments:

Subject to denominational rights enjoyed by a Separate School Board, the following

shall be the process for the hiring of Occasional Teachers into Long Term assignments:

17.1.3.1 A Long-Term Occasional Teacher Placement List (the “LTO List”) shall be generated through

the following processes:

17.1.3.1.1 Any Occasional Teacher having a minimum of ten (10) working months seniority

and having worked a minimum of 20 days in that period from the most recent date of

hire, may apply to be interviewed for placement on the LTO List.

17.1.3.1.2 Occasional Teachers who are recommended by the Board following an interview for

placement on the LTO List, shall be assigned to the LTO List.

17.1.3.1.3 Following the interview, occasional teachers not placed on the LTO List, who

make the request, shall be debriefed and recommendations shall be made to

help enhance professional growth that may lead to successful placement on the

LTO List in the future.

17.1.3.1.4 There shall be a minimum of two (2) interview cycles each year to place

Occasional Teachers onto the LTO List. These shall occur in November, and May

or as mutually agreed to between the Board and the Association. Where there

is mutual agreement between the Board and the Association, the number of

interview cycles may be increased.

17.1.3.2 The School Board in which the Long-Term Occasional position is needed will hire,

according to Regulation 298, one of five Occasional Teachers from the LTO List who

apply and most closely match the following requirements in the following order:

17.1.3.2.1 Supernumerary/Redundant teachers in order of seniority.

17.1.3.2.2 Recognizing the aim of providing the best possible program and ensuring the

safety and well-being of students, the Occasional

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Teacher on the LTO List who holds the required qualifications for the

position, as per the Education Act and Regulations (as recorded on the

Ontario College of Teachers Certificate of Qualification), who has the

greatest seniority.

17.1.3.2.3 A board shall not offer to any person a LTO assignment of greater than thirty

(30) school days unless a notice of the position has been posted on the

board’s website for at least three (3) weekdays. Each posting shall be

directed to all members of the Roster.

17.1.3.2.4 If the Occasional Teacher declines the assignment, the school board shall select

from the remaining four teachers on the LTO List, the qualified

Occasional Teacher as per 17.1.3.2.2 above.

17.1.3.2.5 In the event that no qualified Occasional Teacher on the LTO List accepts the

assignment or there is no qualified Occasional Teacher on the LTO List

for the assignment, the Board shall fill the Long Term assignment from

the Roster.

17.1.3.2.6 Hire a new teacher who is not on the Roster.

17.1.3.3 LTO assignments of thirty (30) school days or less shall not be posted. The

Board shall fill the position as follows:

17.1.3.3.1 Without interviewing, the Board shall offer the position to one of the five (5)

most senior qualified occasional teachers from the LTO List who are

available for the assignment.

17.1.3.3.2 In the event that the chosen occasional teacher identified turns down the

assignment, then the Board shall offer the position to another of the five

(5) in 17.1.3.3.1 above. If necessary, the Board shall offer the position

to each of the five (5), in order to fill the position.

17.1.3.3.3 The process outlined in 17.1.3.3.1 and 17.1.3.3.2 above remains unchanged

should there be less than five (5) qualified occasional teachers from the

LTO List who are available for the assignment.

17.1.3.3.4 Should the position remain unfilled after the process above, the Board shall

repeat the process outlined in 17.1.3.3.1 and 17.1.3.3.2 above, with

the next five (5) most senior qualified teachers from the LTO List who

are available, until the position is filled.

17.1.3.3.5 If no qualified occasional teachers from the LTO List are available or the

position remains unfilled after 17.1.3.3.4 above, the Board shall utilize

the same procedure outlined above, relying on the Roster to fill the

position.

17.1.3.3.6 If no qualified occasional teachers from the Roster or LTO List are available or

the position remains unfilled after 17.1.3.3.5 above, the Board shall

then fill the position externally (outside the bargaining unit) without

restriction.

17.1.3.3.7 Available occasional teacher shall be defined as an occasional teacher who has

not already been assigned to another LTO position during the term of

the LTO assignment being filled by this process.

17.1.3.3.8 The Board shall provide all information related to such

assignments in accordance with Article 18 - Information

Disclosure to the Occasional Teacher Local Unit, as applicable.

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17.1.4 The Hiring of Occasional Teachers to Permanent Teaching Positions:

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 LTO List will be hired into permanent teaching

positions in the following manner:

17.1.4.1 Occasional Teachers who have completed a minimum of one (1) Long-Term

assignment that was a minimum of four (4) months in duration, and received a

positive evaluation* shall be eligible to apply for any posted permanent teaching

positions. All vacancies shall be posted;

17.1.4.2 Recognizing the aim of providing the best possible program and ensuring the

safety and well-being of students, the five (5) Occasional Teachers on the LTO List,

who have applied and who hold the required qualifications for the position, as per the

Education Act and Regulations (as recorded on the Ontario College of Teachers

Certificate of Qualification) and are most senior, shall be eligible for a Permanent

Teaching position interview.

17.1.4.3 The Occasional Teacher who is recommended by the Board following an

interview for a Permanent Teaching position placement, shall be awarded the

position.

17.1.4.4 Following the interview, Occasional Teachers who are not successful and make

the request, shall be debriefed and recommendations shall be made to help enhance

professional growth that may lead to a successful application in the future.

* the evaluation referred to will be a templated process (greatly simplified from,

and not considered equivalent to, a regular TPA) mutually agreed to by the local

school board and the local occasional teacher bargaining unit. Evaluation shall be

compulsory for all Occasional Teachers in their first LTO assignment of 4 or more

months duration, with any given school board. The parties to this agreement shall

develop and implement a standardized occasional teacher evaluation process no

later than September 1, 2013.

18. INFORMATION DISCLOSURE TO THE OCCASIONAL TEACHER BARGAINING UNIT

18.1 Commencing September 1, 2015, the Board shall provide to the Occasional Teacher

Bargaining Unit on a semi-annual basis the following information for all teacher

absences that trigger the Long Term Assignment (LTA) threshold:

18.1.1 The absent teacher’s name, assignment and school;

18.1.2 The start date of the assignment and the duration;

18.1.3 The name of the occasional teacher or individual filling the absence;

18.1.4 The date/time the job was posted;

18.1.5 The date/time the job was filled;

18.1.6 The name of any certified teacher not on the occasional teacher roster, employed

to fill a teacher absence;

18.2 Commencing September 1, 2015, the Board shall provide to the Occasional Teacher

Bargaining Unit on a semi-annual basis:

18.2.1 The name of any teacher on a Temporary Letter of Approval;

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18.2.2 The name of any individual on a Letter of Permission;

18.2.3 The name of any uncertified person employed to replace an absent teacher.

18.3 The Board shall provide to the Occasional Teacher Bargaining Unit:

18.3.1 Commencing September 1, 2015, the current seniority list for all Occasional Teachers to

be provided no less than two (2) times per year unless there has been no change.

18.4 Commencing September 1, 2015, for each LTO and permanent position, the Board shall provide

the following information to the Occasional Teacher Bargaining Unit President:

18.4.1 The job posting at the time the posting is circulated in the system;

18.4.2 The job number/position title and the list of any applicants for the posting within three

(3) weekdays following the closing of the posting;

18.4.3 The list of interviewees for LTO positions greater than thirty (30) days and permanent

positions, within three (3) weekdays of the closing of the posting;

18.4.4 The name of the successful candidate within three (3) weekdays of the successful

applicant being selected;

18.4.5 In boards where the above information in 18.1 through 18.4 is provided more

expeditiously, the boards shall continue to do so.

19. ACCESS TO INFORMATION

19.1 School Boards and the Ministry of Education will continue to respond to requests for information

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

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

Education, OECTA and OCSTA electronic data regarding sick leave usage and other paid leave

usage for all teachers during the prior school year. This shall be provided in aggregate by

panel.

19.3 Boards authorize the Ministry of Education to provide all the financial and non-financial

information collected through the Education Financial Information System (EFIS) to OECTA

and OCSTA.

20. CENTRAL DISPUTE RESOLUTION PROCESS

20.1 The purpose of this article is to outline the parties’ intent to facilitate the timely and effective

resolution of matters arising from a difference in the interpretation, application or

administration of a central term of the collective agreement. OCSTA and/or the Association

may seek a decision through final and binding arbitration to resolve any difference arising

from the interpretation, application or administration of any central term of the collective

agreement, using the following process:

20.1.1 OCSTA and the Association shall agree on a list of three (3) arbitrators who agree to participate

and who are able to provide the parties with a list of available dates that can be booked in

advance for the purposes of this process. Should one or more arbitrator(s) become

unavailable the parties shall agree to a replacement(s) in order to maintain a complement of

three (3) arbitrators. The initial selection and the replacement of arbitrators shall occur within

twenty (20) days of any vacancy on the list.

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20.1.2 The parties shall agree on four (4) days per arbitrator for each of the three

school years September 1, 2014 to August 31, 2017 and for the 2017- 2018 school

year.

20.1.3 The list of arbitrators shall be arranged alphabetically and arbitrators shall be

appointed to a dispute, in alphabetical order, commencing with the first name on the

list. If the arbitrator approached is unavailable, the next arbitrator in sequence on

the list shall be approached until there is an arbitrator available. Disputes shall be

assigned to arbitrators in the chronological order in which notifications are issued. In

the event that such notifications are issued on the same date, the disputes shall be

assigned in accordance with a random method of selection agreed to by the parties.

20.1.4 Within 30 working days of becoming aware of a matter giving rise to a dispute,

a party shall provide notice of the dispute and refer it to the following informal

process:

20.1.4.1 A Dispute Resolution Committee (DRC), which shall be composed of two (2)

representatives from each of the central parties, and two (2) representatives of the

Crown to provide or withhold approval in accordance with the Act.

20.1.4.2 Upon receiving notice of a dispute the DRC shall be provided with the

particulars including, at a minimum, details regarding i) any alleged violation of a

central provision of the collective agreement, ii) any alleged violation of an applicable

statute, regulation, policy, guideline or directive, iii) a brief statement of facts and iv)

the remedy requested.

20.1.4.3 The DRC shall meet within five (5) working days of receiving a notice of a

dispute with particulars. Meetings may be held in person, by teleconference or in any

other manner agreeable to the representatives of the DRC.

20.1.4.4 The DRC will review and discuss all notices of disputes received. Any positions

taken during the course of the informal process are without prejudice. The parties may

mutually agree to the resolution of a dispute at any point in the process prior to the

decision of an arbitrator. The resolution shall be binding as if it were a decision of an

arbitrator unless otherwise mutually agreed upon. The Crown shall have the right to

give or withhold approval to any resolution between the central parties.

20.1.4.5 Within five (5) working days of the resolution being reached, it shall be

circulated to all the Association local units and English Language Catholic district school

boards, unless the parties agree otherwise.

20.1.5 Following ten (10) working days of providing notice as per 20.1.4 above,

either central party may refer the dispute to arbitration. The party seeking a decision

through final and binding arbitration shall notify the other party and the Crown in

right of Ontario, (“the Crown”) in writing of its intent to do so. The parties shall be

responsible for notifying their respective constituents.

20.1.6 Within ten (10) working days of receipt of the notification in paragraph 20.1.5,

the Association and OCSTA shall exchange, in writing, a statement of fact outlining

the particulars of the grievance including a description of the issue and their

respective positions with respect to the interpretation, application or administration

of the central term or condition in question, and the facts to be relied on. Within five

(5) working days of the receipt of written notification pursuant to paragraph 20.1.5,

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the Crown shall advise the parties in writing of its intent to intervene in the

arbitration process. If the Crown advises that it intends to do so, it shall include its

written description of its position with respect to the interpretation, application or

administration of the central term or condition in question.

20.1.7 Within thirty (30) calendar days of the completion of the hearing, the arbitrator shall

render a decision in respect of whether or not there has been a breach of the

collective agreement. The arbitrator shall remain seized with respect to remedial

issues arising from the breach of the collective agreement.

20.1.8 The arbitrator shall have all of the powers provided to arbitrators under the Ontario

Labour Relations Act and under subsection 43(5) of the School Boards Collective

Bargaining Act, 2014, and the authority to order a remedy consistent with those

powers which the arbitrator considers just and appropriate in the circumstances.

20.1.9 It is understood that a hearing may take place after regular business hours, by mutual

agreement of the parties, in order to expedite resolution of the matter.

20.1.10 Any party or person present at the central bargaining table is compellable,

subject to any statutory or common law privilege.

20.1.11 Within five (5) working days of the decision being rendered it shall be

circulated to all the Association local units and English Language Catholic district

school boards, unless the parties agree otherwise.

20.1.12 The arbitral costs of resolving any dispute shall be shared equally between OCSTA

and the Association and the Crown shall be responsible for its own costs.

20.1.13 Each of the central parties and the Crown shall be responsible for their own

costs for the central dispute resolution process.

20.1.14 All timelines set out in this article may be abridged or extended by mutual

consent of the central parties.

20.1.15 For the purposes of the Central Dispute Resolution process only, a working day

shall mean Monday to Friday, 52 weeks of the year, exclusive of statutory holidays.

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LETTER OF AGREEMENT #1

BETWEEN

The Ontario Catholic School Trustees’ Association

(hereinafter called ‘OCSTA’)

AND

The Ontario English Catholic Teachers’ Association

(hereinafter called the ‘OECTA’)

RE: Changes to FTE Status Pilot Project

Changes in Full-Time Equivalent Status (FTE)

Except in school boards where the local bargaining unit and school board agree that there is

collective agreement language or a documented program which provides a greater benefit

and accordingly shall remain in effect, the provisions below shall be implemented on a trial

basis for the final school year of the 2014-2017 collective agreement only. Any dispute

regarding the above shall be referred to the central dispute resolution process. For the

duration of the trial period only, existing terms and conditions with respect to teachers

voluntarily requesting to reduce or increase their FTE shall be suspended. Any teacher who

changes FTE status in accordance with this provision during the trial period shall be entitled

to revert to the FTE status in effect immediately prior to the trial effective at the

commencement of the following school year and the applicable surplus and redundancy

provisions shall apply if a return to fulltime status cannot be accommodated through

available vacancies.

1. Increases in FTE Status

A part-time teacher seeking to increase their assignment to full-time for the following

school year shall, by no later than February 28, 2016, notify the Board in writing in

accordance with the procedures of the Board. Subsequent to any local transfer and

placement procedures but prior to offering permanent vacancies to members of the

occasional bargaining unit or to external hires, the Board shall first offer permanent

vacancies to qualified part time teachers who have indicated an interest in a full-time

assignment in accordance with this article. A part time teacher moving to a full time

assignment may select, by seniority, from available openings for which they are

qualified, consistent with the practices, needs and schedules of the Board and its

schools. Approval of the teacher selection shall not be unreasonably denied. During the

pilot period, any concerns may be raised at the joint board level staffing committee.

2. Decreases in FTE Status

Full-Time to Part-Time

Teachers seeking to reduce their full-time assignment to a part-time assignment for the

following school year must make a written request, to the Director of Education or

designate, prior to February 28, 2016. Requests shall be granted where practical, as

determined by the Director of Education or designate. Such requests shall not be

unreasonably withheld. The structure of the reduced assignment must be consistent

with the needs of the Board and school, as well as the program and/or schedule of the

school.

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For purposes of clarity, this provision shall not apply to requests for leaves or part time

leaves of absence.

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LETTER OF AGREEMENT #2

Re: RETIREMENT GRATUITIES

Retirement Gratuity

1. Those employees who, on August 31, 2012, were eligible for a retirement gratuity

shall have their accumulated sick days vested as of that date, up to the maximum

eligible under the retirement gratuity plan.

2. Upon retirement, those employees who were eligible for a retirement gratuity on

August 31, 2012, shall receive a gratuity payout based on the number of accumulated

vested sick days under 1 above, years of service, and annual salary as at August 31,

2012.

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

Non-Vested Retirement Gratuity for Teachers

1. 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.

2. 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:

X x Y x Z = Gratuity Wind-Up Payment

30 200 4

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.

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LETTER OF AGREEMENT #3

BETWEEN

The Ontario Catholic School Trustees’ Association

(hereinafter called ‘OCSTA’)

AND

The Ontario English Catholic Teachers’ Association

(hereinafter called the ‘OECTA’)

RE: Health and Safety

Whereas health and safety is a shared responsibility between the workplace parties;

and whereas legislation governs obligations with respect to health and safety in the

workplace;

and whereas school boards have developed policies, practices and procedures to comply with

these legislative requirements;

and whereas the central parties are committed to supporting local workplace health and

safety.

1. The Parties agree to establish a provincial health and safety committee no later than thirty

(30) days after ratification of central terms. The committee will be comprised of four (4)

representatives from the Ontario Catholic School Trustees’ Association (OCSTA) and four

(4) representatives from the Ontario English Catholic Teachers’ Association (OECTA). Each

Party will appoint a co-chair from their representatives. The committee will meet no less

than four (4) times annually to discuss health and safety matters important to the sector.

2. The committee will identify best practices as they relate to health and safety initiatives.

3. Without limiting the foregoing, the committee will consider the following substantive

matters:

a) Occupational health and safety training, including training for occasional teachers;

b) The Provincial Model for a Police/School Board Protocol including securing of

classrooms as it relates to occasional teachers;

c) Reporting mechanisms for workplace harassment, discrimination and violence;

d) Health and safety considerations in high risk areas of the school; and

e) Any other health and safety matters raised by either party.

4. The committee will create a resource document that identifies and develops effective

health and safety practices and promotes these practices to school boards. This resource

is intended to build upon the work of local boards and joint health and safety committees,

while respecting the jurisdiction of existing local structures and the legal obligations of the

parties under applicable legislation.

5. Without limiting either party’s rights pursuant to the Central Dispute Resolution Process, it

is understood that either party may refer any issue arising from the substantive matters in

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paragraph 3, items a, b, c and d above to the Central Dispute Resolution Process for

determination.

This letter will remain in force for the life of the collective agreement and any statutory freeze

period.

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LETTER OF AGREEMENT #4

BETWEEN

The Ontario Catholic School Trustees’ Association

(hereinafter called ‘OCSTA’)

AND

The Ontario English Catholic Teachers’ Association

(hereinafter called the ‘OECTA’)

RE: Existing Provisions on Utilization of Sick Leave/STLDP Days

The parties acknowledge that should rights or terms and conditions of employment in effect

as at August 16, 2015, provide that teachers may use sick leave/STLDP days for reasons

other than those described in Articles 3 and 4, sick leave/STLDP days may be used for those

reasons as well.

Any difference arising from the interpretation, application or administration of this Letter of

Agreement may be referred to the Central Dispute Resolution Process for final and binding

resolution.

This Letter of Agreement will form part of the Central Terms between the parties and will be

adopted by the parties effective upon ratification.

The parties agree that this Letter of Agreement shall be reviewed at the next round of central

bargaining.

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LETTER OF AGREEMENT #5

BETWEEN

The Ontario Catholic School Trustees’ Association

(hereinafter called ‘OCSTA’)

- and -

The Ontario English Catholic Teachers’ Association

(hereinafter called the ‘OECTA’ or the “Association”)

- and -

The Crown

RE: Benefits

The parties agree that, once all employees to whom this memorandum of settlement of the

central terms applies become covered by the Employee Life and Health Trust (ELHT)

contemplated by this Letter of Agreement all references to existing life, health and dental

benefits plans in the applicable local collective agreement shall be removed from that local

agreement.

Consistent with section 144.1 of the Income Tax Act (Canada), the OECTA, the OCSTA, and

the Crown, shall establish an OECTA ELHT, (hereinafter, the “Trust”), to provide benefits to

teachers and other education workers in the Province of Ontario. English-language separate

district school boards (“Boards”) (as defined in the Education Act, R.S.O 1990 c E.2) may

only participate in the Trust, if the Trust will be in compliance with the ITA and CRA

administrative requirements for an ELHT (the “ELHT Requirements”). It is intended that the

Trust be effective September 1, 2016. The date on which a Board commences participation in

the Trust for a group of employees shall be referred to herein as a “Participation Date”. The

Trustees, as defined in 2.1.0, shall determine the Participation Date which shall be no earlier

than September 1, 2016 and no later than August 31, 2017. The Trustees, as defined in

2.1.0, shall cooperate with other Trusts to move all employee groups into the Trust(s) at the

same time.

The parties acknowledge that the establishment of the Trust represents a substantial

commitment within and beyond the term of the current collective agreement. This letter of

agreement is conditional upon its terms continuing in full force and effect beyond the

termination date of the collective agreement, and is made in detrimental reliance upon such

continuation. The terms of this letter of agreement will form the basis for a trust agreement

setting out the terms of the ELHT to be approved by the parties.

1. PRINCIPLES

1.1 The Trust will be governed by trustees appointed by the OECTA (“the employee

trustees”) and trustees appointed by OCSTA and the Crown acting together

(“the employer trustees”);

1.2 The Trust will be responsible for the delivery of benefits on a sustainable,

efficient and cost effective basis;

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1.3 Services provided by the Trust to be available in both official languages,

English and French;

1.4 Other employee groups in the education sector may join the Trust by entering

into an agreement with the Trustees that requires the group to pay for all

benefits and administrative costs related to the creation, establishment and

operation of a benefits plan for that group. The Trustees, as defined in 2.1, will

develop an affordable and sustainable benefits plan that is based on the

funding available to the other employee group(s).

2. GOVERNANCE

2.1 Board of Trustees

2.1.1 The Board of Trustees (the “Trustees”) will be comprised of 7 voting members

that include 4 employee trustees and 3 employer trustees who have voting

privileges on all matters before the board plus 2 additional Trustees as outlined

in 2.1.2. Employee Trustees shall be appointed by OECTA. Employer Trustees

shall be appointed by the employer bargaining agent and the Crown, working

together.

2.1.2 The Trustees shall also include 2 additional trustees (the “Additional

Trustees”), one of whom shall be appointed by OECTA and one of whom shall

be appointed by the OCSTA/ Crown.

Each Additional Trustee shall have significant experience in the area of

employee benefits, or have expertise in the employee benefits field and be an

accredited member in good standing of a self-governed professional

organization recognized in Canada in the legal, financial services, actuarial or

benefits consulting field whose members have a recognized expertise relevant

to employee benefits.

The Additional Trustees shall have no conflict of interest in their role as advisor

to the Trust, and shall not be employed by the Trust, the shared services office

supporting the Trust, a teacher association, a school board or the Government

of Ontario or retained by the Trust.

2.1.3 All voting requires a simple majority to carry a motion.

2.1.4 OECTA shall determine the initial term and subsequent succession plan for

their Trustees. OCSTA and the Crown acting together, shall determine the

initial term and subsequent succession plan for their Trustees.

3. ELIGIBILITY AND COVERAGE

3.1 The Trust will maintain eligibility for OECTA represented employees who are

covered by the Local Collective Agreement (“OECTA represented employees”)

as of August 31, 2014 except for individuals covered under section 4.1.4 i.

below, and, to the extent they are eligible for benefits from subsisting benefit

plans, former and retired OECTA represented employees. The Trust will also be

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permitted to provide coverage to other active employee groups in the

education sector with the consent of their bargaining agents and employer or,

for non-union groups, in accordance with an agreement between the Trustees

and the applicable Board. These groups must request inclusion in the Trust,

and must agree to comply with the Trust’s financial, data and administrative

requirements. The Trustees will develop a plan based on the level of funding

that the group brings to the Trust.

3.2 Any new group that requests inclusion into the Trust will be provided a generic

branding for their respective benefit plans.

3.3 Retirees who were, and still are, members of a Board benefit plan at August

31, 2013 based on the prior arrangements with the Board.

3.4 Retirees who became members of a Board benefit plan after August 31, 2013

and before the Board participation Date shall be segregated in their own

experience pool and the premiums are to be fully paid by the retirees.

3.5 No individuals who retire after the Board Participation Date are eligible.

3.6 The benefit plan offered by the Trust may provide coverage for health, life and

dental benefits including accidental death and dismemberment (AD&D), travel,

medical second opinion and navigational services, subject to compliance with

section 144.1 of the ITA. After the initial establishment of the Trust, other

employee benefit programs may be considered for inclusion, only if negotiated

in future central collective agreements.

3.7 Each Board shall provide to the Trustees of the OECTA ELHT directly, or

through its Insurance Carrier of Record, Human Resource Information System

(HRIS) information noted in Appendix A within one (1) month of notification

from the Trustees, in the format specified by the Trustees.

4. FUNDING

4.1 Negotiated Funding Amount, Board Contributions

4.1.1 Each Board shall pay an amount equal to 1/12th of the annual negotiated

funding amount as described in 4.1.3 to the Trustees of the OECTA ELHT by the

last day of each month from and after the Board’s Participation Date.

4.1.2 By December 31, 2015, the Board will calculate the annual amount of a.i)

divided by a.ii) which will form the base funding amount for the Trust;

a.

i) “Total Cost” means the total annual cost of benefits and

related costs including but not limited to claims, administration

expenses, insurance premiums, consulting and advisory fees and

all other costs and taxes, as reported on the insurance carrier’s

most recent yearly statement and, if any, premium costs on

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other school authority financial statements for the year not

ending later than August 31, 2015. The statements are to be

provided to the Ministry of Education.

Total Cost excludes daily occasional teacher costs associated

with 4.1.4 and retiree costs associated with 3.3 and 3.4.

ii) The average number of Full-Time Equivalent (FTE) positions in

the bargaining unit as at October 31st and March 31st for the

period consistent with i).

iii) The FTE used to determine the Boards’ benefits contributions

will be based on the boards’ FTE as of October 31st and March

31st of each year. Each Board’s total FTE shall be verified by the

Local Bargaining Unit.

For example, if a Board’s FTE count is 700 on October 31st and

720 on March 31st, the annual FTE count shall be 710 for funding

purposes.

b. Calculations in a.i), a.ii) and a.iii) will be subject to specified

audit procedures that will be completed by the Boards external auditors

by May 15, 2016.

c. The Board’s total FTE, as identified in 4.1.2 a.iii) shall include

all regular teachers, and all Long Term Occasional Teachers (LTOs). It is

understood that Continuing Education Teachers and Adult Education

Teachers are counted as part of the board’s total FTE. For clarity, where

a person is on leave and is replaced by an LTO, only one of the two

individuals are included, not both. It is understood that the calculation

of the number of regular teachers and the number of LTOs is not subject

to any existing contractual language that limits regular teacher or LTO

eligibility or pro-rates their entitlement to benefits.

4.1.3 On the participation Date, the Board will contribute to the Trust

a. the amount determined in s. 4.1.2 plus 4% for 2015-16 and 4% for

2016-17.

b. An amount of $300 per FTE, in addition to a) will be provided.

4.1.4 Funding previously paid under 4.1.3 above will be reconciled to the agreed

October 31st and March 31st FTE and any identified difference will be remitted

to the Trust in a lump sum on or before the last day of the month following

reconciliation.

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i. With respect to daily occasional teachers where payment is provided in-lieu

of benefits coverage, this arrangement will remain the on-going obligation of

the affected Boards. Where benefits coverage was previously provided by the

Boards for daily occasional teachers this arrangement will remain the ongoing

obligation of the affected Boards. The Transition Committee (7) will

work with the affected Boards to find a similar plan for occasional teachers in

those Boards that is cost neutral to the Boards, recognizing inflationary cost

as follows: plus 4% for 2015-16 and 4% for 2016-17.

ii. Where Boards provide payment in-lieu of benefits for teachers in long-term

occasional assignments, the payment-in-lieu shall cease on the Board’s

Participation Date.

4.1.5 All amounts determined in sections 4.1.2 a and 4.1.4 shall be subject to a due

diligence review by the OECTA. The Boards shall cooperate fully with the

review, and provide, or direct their carriers or other agents to provide, all data

requested by the OECTA. If any amount cannot be agreed between the OECTA

and a Board, the parties shall make every effort, in good faith, to resolve the

issue using the data provided, supporting information that can be obtained and

reasonable inferences on the data and information. If no resolution to the

issue can be achieved, it shall be referred to the Central Dispute Resolution

process.

On any material matter relating to sections 4.1.2 a. and 4.1.4, OECTA or

OCSTA can deem this Letter of Agreement to be null and void. No Participation

Dates for any Boards shall be triggered and the benefits related provisions of

all local agreements, as they were before the adoption of this Letter of

Agreement, shall remain in full force and effect.

4.1.6 The Board shall be responsible for administering and paying for any existing

Employee Assistance Programs (EAPs), maintaining current employer and

employee co-share where they exist. The Board shall maintain its contribution

to all statutory benefits as required by legislation (including but not limited to

Canada Pension Plan, Employment Insurance, Employer Health Tax, etc.).

Funding arrangements related to the use of employee Employment Insurance

Rebates for the provision of EAP services remain status quo with full disclosure

to the local unit but if these funds are directed to the funding of other benefits

or benefit services they shall be collected by the board and provided annually

by March 30 to the Trust in addition to the amounts as set out in section 4.1.2.

4.1.7 Sixty days prior to the Participation Date, the Trust will be responsible for

informing the Boards of any further changes required by the Trust from

employees’ pay.

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4.1.8 The Board shall deduct premiums as and when required by the Trustees of the

OECTA ELHT from each member’s pay on account of the benefit plan(s) and

remit them as and when required by the Trustees to the Trust Plan

Administrator of the OECTA ELHT with supporting documentation as required

by the Trustees.

4.1.9 Any other cost sharing or funding arrangements are status-quo to the local

collective agreement, Board policies and/or Board procedures such as but not

limited to Employment Insurance rebates.

4.1.10 Funding for retirees shall be provided based on the costs/premiums in 2014-15

associated with those retirees described in 3.3.0 and 3.4.0. The amount in

2014-15 will be increased by 4% in 2015-16 and 4% in 2016-17. Employer

and employee co-shares will remain status quo per local collective agreements

in place as of August 31, 2014 or per existing benefit plan provisions.

4.2 Start-Up Costs

4.2.1 The Crown shall provide:

a. A one-time contribution to the Trust equal to one and a half month’s

benefits costs determined in 4.1.2 a.i), (15% of Total Cost in 4.1.2 a. to

establish a Claims Fluctuation Reserve (“CFR”). This amount shall be paid

to the Trustees on or before September 1, 2016.

b. A one-time contribution to the Trust of one-half of one month’s benefits

costs determined in 4.1.2 a.i), (4.15% of Total Cost in 4.1.2 a.i), to cover

start-up costs and/or reserves. This amount shall be paid to the Trustees

in accordance with 4.2.3.

4.2.2 The Trust shall retain rights to all data and licensing rights to the software

systems.

4.2.3 The Crown shall pay to the OECTA $2.5 million of the startup costs referred to

in s. 4.2.1 b. on the date of ratification of the central agreement, and shall pay

to OECTA a further $2.5 million subject to the maximum of the amount

referred to in s. 4.2.1 b. by June 1, 2016. The balance of the payments, if

required under s. 4.2.1 b. shall be paid by the Crown to OECTA on or before

September 1, 2016.

4.2.4 In addition to any other payments required hereunder, on the day that a Board

commences participation in the Trust, or as soon as reasonably and feasibly

possible thereafter, all eligible and available surpluses in board-owned defined

benefit plans will be transferred to the Trust by the applicable Board in an

amount equal to each employee’s pro rata share based on the amount of the

employee’s co-share payment of each benefit. The remaining portion of the

Board’s surplus will be retained by the Board.

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a. All Boards’ reserves for Incurred But Not Reported (“IBNR”) claims and

CFR, will remain with the existing carriers until those reserves are

released by the carriers based on the terms of existing contracts.

b. For the Administrative Services Only plans (ASO), a surplus (including

deposits on hand) will be distributed to the Trust, net of claims, no later

than 5 months after the participation Date based on employees’ coshare,

or as determined through discussions with the carrier. Employees

will have 3 months after the participation Date to submit claims. After

this period they will not be eligible.

c. Where there are active grievances related to surpluses, deposits and or

reserves, the amount in dispute shall be internally restricted by the

Boards until the grievance is settled.

d. Prior to transitioning to the Trust, the parties shall determine whether

the group transitioning has an eligible and available employer/employee

deficit/surplus under the financial arrangements within their existing

group insurance policies. For policies where the experience of multiple

groups has been combined, the existing surplus will be allocated to each

group based on the following:

i. If available, the paid premiums or contributions or claims costs of each

group; or

ii. Failing the availability of the aforementioned financial information by each

group, then the ratio using the number of FTE positions covered by each

group in the most recent policy year will be used.

The methodology listed above will be applicable for each group leaving

or terminating an existing policy where the experience of more than

one group has been aggregated. Policies where the existing

surplus/deficit has been tracked independently for each group are not

subject to this provision.

e. Where applicable, Boards with deficits in their benefit plans will first

recover the deficit through the CFR and IBNR. Where these reserves are

insufficient, the remaining deficits shall be the sole responsibility of

those Boards.

4.2.5 In order to ensure the fiscal sustainability of said benefit plans, Boards will not

make any withdrawal, of any monies, from any health care benefit plan

reserves, surpluses and/or deposits nor decrease in benefit plan funding unless

in accordance with B-Memo B04:2015. It is the parties understanding that

Ministry of Education Memo B04:2015 applies and will remain in effect until

Board plans become part of the Trust.

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4.2.6 Within 60 days of the end of each school year, the amount paid by the Crown

or by a Board in relation to s. 4.1.3 shall be reconciled to the actual negotiated

funding amount required under this Letter of Agreement, and any difference

shall be paid to the Trust or deducted against future payments of Boards within

30 days of the reconciliation.

4.3 Interim Benefits Coverage

4.3.1 For the current term the Boards agree to contribute funds to support the Trust

as follows:

a. The Boards will continue to provide benefits in accordance with the existing

benefit plans and co-pay arrangements until the Employees’ Participation Date

in the Trust.

b. The terms and conditions of any existing EAPs shall remain the responsibility

of the respective Boards and not the Trust.

c. With respect to daily occasional teachers, where payment is provided in-lieu

of benefits coverage, this arrangement will remain the on-going obligation of

the Boards.

5. SHARED SERVICES

5.1 OECTA agrees to adopt a shared services model that will provide for the

administration and investment of the Trust and will allow other Trusts to join

the shared services model. The shared services office of the Trust is

responsible for administering the benefits provided and ensuring the delivery of

benefits on a sustainable, efficient and cost effective basis.

5.1.1 Shared administrative services will be provided by the Ontario Teachers

Insurance Plan (“OTIP”) and will be competitively procured within 4 years of

the last employee representative group’s participation Date but shall be no

later than August 31, 2021.

5.1.2 Any procurement of services to support the administration of benefits

conducted by the shared services office should include the procurement of

these services for all Trusts to ensure the most efficient and cost effective

service.

5.2 Trustees

5.2.1 The Trustees and the Additional Trustees together shall be responsible for the

operations of the Trust, including, but not limited to:

a. The Trustees’ selection of the Trust auditors and the Trust actuaries.

b. The annual reports of the auditors and actuaries.

c. The actuarial report, including any report obtained under Section 6

regarding recommendations on sustainability of the initial plan design. The

first actuarial report shall be received no sooner than six months and no

later than twelve months following the implementation of the initial plan.

d. The actuarial report, including any report obtained under Section 6

regarding recommendations on sustainability, of any subsequent changes

to the plan design.

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e. The design and adoption of the initial Benefit Plan and any amendments to

the Benefit Plan;

f. Validation of the sustainability of the respective Plan Design;

g. Establishing member contribution or premium requirements, and member

deductibles;

h. Identifying efficiencies that can be achieved;

i. The design and amendment of the Funding Policy;

j. The Investment Policy and changes to the Investment Policy;

k. Procurement of adjudicative, administrative, insurance, consultative and

investment services.

5.2.2 Despite 5.2.1, the Additional Trustees shall not vote on the adoption of the

initial Benefit Plan design.

5.2.3 Under the Funding Policy, surpluses at the Trust may not be refunded or

distributed in cash, but may be used, as determined by the Trust to:

a. Fund claims stabilization or other reserves; and/or

b. Improve plan design; and/or

c. Expand eligibility; and/or

d. Reduce member premium share.

5.2.4 Under the Funding Policy, actual and projected funding deficiencies (per s.6.1)

of the Trust will be addressed no later than the next regular plan renewal (as of

September 1st) using one or more of the following methods, as determined by

the Trust:

a. Use of existing claims stabilization funds; and/or

b. Increased member share premium; and/or

c. Change plan design; and/or

d. Cost containment tools; and/or

e. Reduced plan eligibility; and/or

f. Cessation of benefits, other than life insurance benefits.

The Funding Policy shall require that the Trustees and the Additional Trustees

to take the necessary actions or decisions during a period in which the CFR is

less than 8.3% of annual plan expenses over a projected three year period. If

the motion to adjust the plan design does not pass, the Trust will increase

member share premiums to restore the balance to at least 8.3% of total annual

expenses.

5.2.5 The Trustees shall adopt policies for the appointment, review, evaluation and,

if necessary, termination, of all of their service providers.

5.2.6 The Trust shall provide “trustee liability insurance” for all Trustees.

6. ACCOUNTABILITY

6.1 Actuaries and external auditors will be appointed by the Trust. Audited

financial statements, and an actuarial evaluation report will be obtained for the

Trust on an annual basis. The actuarial report will include projections regarding

P a g e |46

the adequacy of contributions to cover projected benefit and related costs for a

period not less than three (3) years into the future.

6.2 Copies of the audited financial statements and actuarial evaluation report

requested in section 6.1 above, will be shared with OECTA, OCSTA and the

Crown.

7. TRANSITION COMMITTEE

7.1 A transition committee comprised of the employee representatives and the

employer representatives, including the Crown, will be established by January

2016 to address all matters that may arise in the creation of the Trust.

8. ENROLMENT

8.1 For new hires, each Board shall distribute benefit communication material as

provided by the Association to all new teachers/members within 5 days from

their acceptance of employment.

8.2 For existing members, the Board shall provide the Human Resource

Information System (HRIS) file with all employment information to the

Trustees as outlined in Appendix A.

8.3 Where an HRIS file cannot be provided, the Board shall provide the required

employment and member information to the Trust Plan Administrator in

advance of the member commencing active employment. The Board shall enter

any subsequent demographic or employment changes as specified by the Trust

Plan Administrator within one week of the change occurring.

8.4 The benefit administration for all leaves, including Long-Term Disability where

applicable, will be the responsibility of the Trust Plan Administrator. During

such leaves, the Board shall continue to provide HRIS information and updates

as defined above.

8.5 Each Board shall provide updated work status in the HRIS file a minimum of 2

weeks in advance of the leave.

9. Errors and Omissions

9.1 Board errors and retroactive adjustments shall be the responsibility of the

Board.

9.2 If an error is identified by a Board, notification must be made to the Trust Plan

Administrator within seven (7) days of identification of the error.

9.3 Upon request by the Trust Plan Administrator, a Board shall provide all

employment and member related information necessary to administer the

provincial benefit plan(s). Such requests shall not be made more frequently

than twice in any 12 month period.

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9.4 The Trust Plan Administrator has the right to have their representatives review

employment records related to the administration of the Association’s

provincial benefit program at a Board office during regular business hours upon

30 days written notice.

10. Claims Support

10.1 The Board shall complete and submit the Trust Plan Administrator’s Waiver of

Life Insurance Premium Plan Administrator Statement to the Trust Plan

Administrator for life waiver claims when the Trust Plan Administrator does not

administer and adjudicate the LTD benefits.

10.2 Each Board shall maintain existing beneficiary declarations. When required, the

Board shall provide the most recent beneficiary declaration on file to the Trust

Plan Administrator.

11. Privacy

11.1 In accordance with applicable privacy legislation, the Trust Plan Administrator

shall limit the collection, use and disclosure of personal information to

information that is necessary for the purpose of providing benefits

administration services. The Trust Plan Administrator’s policy shall be based

on the Personal Information Protection and Electronic Documents Act (PIPEDA).

12. PAYMENTS

12.1 The Crown will make a recommendation to the Lieutenant Governor in Council

to amend the Grants for Student Needs funding regulation indicating that

funding amount provided for benefit of the Trust must be provided to the Trust

in accordance with the Letter of Agreement.

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LETTER OF AGREEMENT #5

Appendix A – HRIS File

Each Board may choose to provide to the Trustees of the OECTA ELHT directly, or provide

authorization through its Insurance Carrier of Record to gather, the following information

within one (1) month of notification from the Trustees. The following information shall be

provided in the formats agreed to by the Trustees of the OECTA ELHT and the employer

representatives:

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

dependents, including:

i. names;

ii. benefit classes;

iii. plan or billing division;

iv. location;

v. identifier;

vi. date of hire;

vii. date of birth;

viii. gender;

ix. default coverage (single/couple/family).

b. estimated return to work dates;

c. benefit claims history as required by the Trustees;

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

e. list of approved claim exceptions;

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

g. list of all individuals currently covered for life benefits under the waiver premium

provision; and

h. member life benefit coverage information.

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Appendix B

This form shall be provided by the medical practitioner to the employee who will then deliver

it to the Human Resources Department.

Medical Certificate

Part 1 – Employee - please complete following:

_________________________________________________

(Employee Name)

The information supplied will be used in a confidential manner and

may assist in creating a return to work plan.

I hereby consent to the completion of this form by:

_______________________________________________________

(Treating Medical Practitioner’s Name)

_________________________________ ______________________________

(Signature of Employee) (Date)

Part 2 – Medical Practitioner – please complete the following

1. Nature of Illness (do not provide diagnosis):

_______________________________________________________________

* "Nature of the illness"(or injury) suggests a general statement of a person's

illness or injury in plain language without any technical medical details, including

diagnosis or symptoms. Although revealing the nature of an illness may suggest

the diagnosis, it will not necessarily do so. "Nature of illness" and "diagnosis"

are not congruent terms. For example, a statement that a person has a cardiac or

abdominal condition or that s/he has undergone surgery in that respect reveals

the essence of the situation without revealing a diagnosis.

Page 1 of 4

o Absent from Work

________________

(first date of absence)

o Not absent from

work but requires

accommodations

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2. Is this condition the result of: (check one)

Non-occupational illness/injury Occupational illness/injury

3. Is he/she receiving treatment: Yes No

4. Has or will a referral to a specialist been made? Yes No

If yes, date of referral: ________________________

(dd/mm/yyyy)

5. Have you discussed return to work with your patient? Yes Not at this

time

6. Is the patient able to return to work: with accommodation without accommodation

Expected date of return: ___________________

(dd/mm/yyyy)

unable to return to work at this time

7. Date of next assessment: ___________________

(dd/mm/yyyy)

Health Care Practitioner Signature:

Date Completed: ______________________

dd/mm/yyyy

Health Care Practitioner Name and Address:

Part 3 and/or 4 need only be completed for a return to work that

requires an accommodation.

Page 2 of 4

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Part 3 – Medical Practitioner – please complete the following:

COGNITIVE LIMITATIONS AND/OR RESTRICTIONS N/A

Please describe cognitive limitations and/or restrictions. Physical limitations and/or restrictions, if any, can be detailed in

Part 4. These cognitive restrictions will be assessed when determining modified work either in the employee’s own position

or another suitable position.

Date of Assessment: ____________________________

(dd/mm/yyyy)

Level of Functioning

(Please circle which level

applies for each task)

LEVEL 1 LEVEL 2 LEVEL 3 LEVEL 4

Supervision Required needs constant

supervision

needs frequent

supervision

needs limited

supervision

requires no

supervision

Supervision of

Others

not able to

supervise others

can meet demands

of or for occasional

supervision

can meet demands

of or for regular

supervision

can meet demands

of full supervision

Tolerance to

Deadlines

cannot deal with

deadline pressures

occasionally deal

with deadlines

can deal with deadlines

that are reoccurring

can deal with

strict deadlines

Attention to Detail

(indicate maximum time the

Individual can concentrate)

concentration on

detail is severely

limited

concentrate on

detail is limited

can concentrate on

details,

needs occasional

breaks of non

detailed work

able to concentrate

intensely on detailed

work

Performance of

Multiple Tasks can deal with one

task at a time

can handle more

than 1 task but

requires cues as

to when to do task

can handle multiple

tasks requires some

time management

assistance

fully able to handle

multiple tasks without

difficulty

Tolerance to

External Stimulus

needs quiet, non

distracting work

environment

can cope with

small degree of

distraction

can cope with

distracting stimuli

for portion of day

fully able to cope with

multiple stimuli without

negative effect

Ability to Work

with Others

Cooperatively

tolerates working

alone

can tolerate others

within vicinity, but

needs to perform

independent tasks

can work with others

cooperatively

when required

fully able to work in

close cooperation

with others

Confrontational

Situations

unable to cope

with

confrontational

situations

can cope with

exposure to

confrontational

situations with backup

available

moderate ability to

cope with

confrontational

situations

able to deal with

confrontational

situations

with tact and control

Responsibility and

Accountability

errors in judgment

or attention likely

to occur

can exercise a

moderate level of

responsibility with

occasional need

for support

can accept

responsibility

including the

responsibility for

the safety of others

can accept a high

level of responsibility

including sensitive

situations

Prognosis (based on objective assessments)

From the date of this assessment, the above will apply for approximately:

1-2 weeks 3-5 weeks 6-8 weeks 2-3 months 4-6 months

6+ months Unknown

Recommendations for work hours and start date:

Regular full time hours Modified hours Graduated hours

Start Date:

____________________

(dd/mm/yyyy)

Next appointment date to review Limitations and/or Restrictions: ____________________

(dd/mm/yyyy)

Page 3 of 4

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Part 4 - Medical Practitioner – please complete the following:

PHYSICAL LIMITATIONS AND/OR RESTRICTIONS N/A

Please describe physical limitations and/or restrictions only. Cognitive limitations and/or restrictions, if any, can be detailed in Part

3. These physical restrictions will be assessed when determining modified work either in the employee’s own position or another

suitable position.

Date of Assessment: ______________________

(dd/mm/yyyy)

Walking:

Full abilities

Up to 100 metres

100 - 200 metres

Other (please specify)

____________________

Standing:

Full abilities

Up to 15 minutes

15 - 30 minutes

Other (please specify)

______________________

_

Sitting:

Full abilities

Up to 30 minutes

30 minutes - 1 hour

Other (please specify)

________________________

Lifting from floor to waist:

Full abilities

Up to 5 kilograms

5 - 10 kilograms

Other (please specify)

_____________________

Lifting from Waist to

Shoulder:

Full abilities

Up to 5 kilograms

5 - 10 kilograms

Other (please specify)

____________________

Stair Climbing:

Full abilities

Up to 5 steps

5 - 10 steps

Other (please specify)

______________________

_

Bending/twisting

repetitive movement of

(please specify):

____________________

Work at or above

shoulder activity:

______________________

_

Limited pushing / pulling

with:

Left Arm

Right Arm

Other (please specify)

______________________

Limited use of hand(s):

Left Right

Gripping

Pinching

Other

________________________

Operating motorized

Equipment

Environmental Exposure

to: (heat, cold, noise)

Chemical exposure to:

___________________

Exposure to Vibration:

Whole body

Hand/arm

Other (Please describe)

Prognosis - From the date of this assessment, the above will apply for approximately:

1-2 weeks 3-5 weeks 6-8 weeks 2-3 months 4-6 months 6+ months Unknown

Recommendations for work hours and start date:

Regular full time hours Modified hours Graduated hours

Start Date: ____________________

(dd/mm/yyyy)

Next appointment date to review Limitations and/or Restrictions: __________________________

(dd/mm/yyyy)

Please provide any additional information/comments/findings/limitations (ex. Physical, Cognitive) which

you feel would assist our employee in a safe and timely return to work.

_________________________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

Page 4 of 4

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OECTA & TNCDSB

PART B: LOCAL TERMS

EFFECTIVE SEPTEMBER, 2014

TO

AUGUST 31, 2017

CONTENTS

ARTICLE PAGE

1 Preamble 1

2 - Recognition 1

3 - School Association Representatives 2

4 - Association Representatives 2

5 - Association Representation on Joint Committees 2

6 - Legislative Framework 3

7 - Probationary 3

8 - Placement on Salary Schedule 3

9 - Payment of Salary 4

10 - Responsibility Allowance 5

11 - Health and Welfare Benefits 6

12 - Sick Leave 7

13 - Long-Term Disability 7

14 - Workers’ Compensation 8

15 - Pregnancy/Parental Leave/Adoption Leave 8

16 - Leaves of Absence 9

16.01 Long -Term 9

16.02 Short -Term 9

16.03 Personal 9

16.04 Compassionate 9

16.05 Bereavement 10

16.06 Professional Development 10

16.07 Federation Leave 10

16.08 Absence of Teacher in Quarantine 11

16.09 Absence by Reason of Being s Juror or Witness 11

16.10 Absence Due to Inclement Weather/Emergency Situations 11

17 - S.E.B. Plan for Maternity Leaves 11

18 - Sabbatical Leave 11

19 - Self Funded Leave Plan 12

20 - Teacher in Charge (Designated Teacher) 14

21 - Acting Administrator 14

22 - Length of School Year 15

23 - Length of School Day 15

24 - Preparation and Planning Time 15

25 - Gratuity Plans 16

26 - Grievance Procedure 17

27 - Just Cause 19

28 - Evaluation Procedures 19

29 - College Of Teachers’ Complaints 19

30 - Non-Discrimination 19

31 - Assault upon Teachers 20

32 - Harassment Procedures 20

33 - Seniority 20

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34 - Transfers 21

35 - Redundancy 22

36 - Right of Recall 22

37 - Resignation Dates 23

38 - Part Time Teaching 24

39 - New Positions on Staff 24

40 - Continuing Education 25

41 - Personnel File 25

42 - Medical Procedures 26

43 - Course Subsidies 26

44 Lunch Hour 26

45Health & Safety 26

Letter of Understanding Performance Appraisal Process 28

Letter of Understanding Offence Declarations 29

Letter of Understanding Teacher Performance Appraisals 30

Letter of Understanding Meetings 31

Letter of Understanding Supervision 32

Letter of Understanding Joint Professional Development Committee 33

Letter of Understanding Secondary School Program 35

Letter of Understanding Teacher in Charge 36

Letter of Understanding Transfers/ Surplus/ Redundancy 37

Appendix A Gratuity Plans 40

Letter of Understanding Memorandum of Settlement (Atikokan) 42

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ARTICLE 1 PREAMBLE

1.01 The Northwest Catholic District School Board and the Northwest 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 common goal of the Board and the Teachers to provide the best

possible Catholic educational service for the children of this area; and

Whereas to achieve that common goal, it is essential that the Board and the

Teachers maintain the harmonious relationship, which exist between them;

It is the desire of the Board and the Teachers to set forth in this Agreement the

salaries, allowances, and certain conditions of employment which govern the

Teachers.

ARTICLE 2 - RECOGNITION

2.01 OECTA is the sole and exclusive bargaining agent for Teachers in the employ of

the Board.

2.02 The Bargaining Unit includes every Teacher as defined in the Education Act, Part

X.1 other than an occasional Teacher who is assigned to one or more Board sites to

perform teaching duties all or most of the time.

2.03 The Board recognizes the right of the Teachers to appoint and authorize OECTA

or such other organization or individual as the Teachers deem appropriate, to

advise and represent the Teachers and to negotiate on their behalf.

2.04 The Teachers recognize the right of the Board to appoint and authorize the

Trustees’ Association or such other organization or individual as the Board deems

to advise and represent the Board and to negotiate on its behalf when appropriate.

2.05 The spokesperson for the Teachers on all contract matters other than negotiations

shall be the Unit President or his/her designate.

2.06 All clauses in the agreement shall be deemed permanent. Any amendment,

addition or deletion to the terms herein shall be by mutual consent between the

Teachers and the Board, or their authorized agents.

2.07 All benefits provided by this agreement become effective when a Teacher is hired

with the Board, and terminates when a Teacher’s resignation becomes effective.

2.08 The Board shall make available to the authorized Teachers’ representatives on/or

before September 30, the qualifications, experience, total salary and manner of

calculation of each Teacher employed by the Board. For any Teacher employed

subsequent to September 30, the same information shall be available within fortyfive

(45) days.

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2.09 Each Teacher shall receive a copy of the agreement within forty-five (45) days

after the conclusion of negotiations.

2.10 Both parties recognizes that there shall be no strike or lock-out during the term of

this agreement. The terms “strike” and “lockout” shall be defined in the School

Boards Collective Bargaining Act.

2.11 Notwithstanding Article 2.08, the Board shall notify the Association, in writing, the

names of any teacher and their work location who are employed subsequent to

September 30th, within five (5) working days following the commencement of

employment.

ARTICLE 3 - SCHOOL ASSOCIATION REPRESENTATIVES

3.01 The Board recognizes the appointment or election of the Teachers of one or more

Association representative(s) at each school or worksite.

3.02 The Association shall forward such a list of Association representatives to the

Board by September 15 of each year.

3.03 The Board agrees to provide bulletin board space at each school or worksite for

the exclusive use of the Association to post notices and other relevant

information.

3.04 A Teacher may request the attendance of an Association representative at any

meeting with the administration of the Board or school.

3.05 The meeting shall be scheduled during the school day outside of instructional time,

and the Association representatives shall be relieved of their assignments to attend

such meetings.

A meeting where the purpose of the meeting is for disciplinary action may take

place outside the school day.

3.06 The Teacher and the Association representative shall suffer no loss of pay or any

other entitlement as a result of such attendance.

ARTICLE 4 - ASSOCIATION REPRESENTATIVES

4.01 The Association shall forward a list of the unit officers to the Board by September

15 of each year.

ARTICLE 5 - ASSOCIATION REPRESENTATION ON JOINT COMMITTEES

5.01 Where the Board establishes a committee requiring OECTA representation, the

OECTA member shall be appointed by the unit executive at the request of the

P a g e |- 3 -

Board.

ARTICLE 6 - LEGISLATIVE FRAMEWORK

6.01 This collective agreement is subject to the provisions of the Education Act, the

Employment Standards Act, the Occupational Health and Safety Act, the Ontario

Labour Relations Act, the Human Rights Code, the Workplace Safety and Insurance

Act, the College of Teachers Act, Teaching Profession Act, Safe School Act, School

Boards Collective Bargaining Act and all regulations thereunder.

ARTICLE 7 - PROBATIONARY

7.01 A Teacher with three (3) or more years of experience shall be considered on

probation for the first year of employment.

7.02 A Teacher with less than three (3) years of experience shall be considered on

probation for the first two (2) years of employment.

ARTICLE 8 - PLACEMENT ON SALARY SCHEDULE

8.01 Teacher category placement on the salary schedule shall be according to the

Qualifications Evaluation Council of Ontario (Q.E.C.O.) Program 5.

8.02 Qualified teachers shall be paid in category A1 until such time as they provide proof

of a different category classification. Unqualified teachers shall be paid in category

A0 until such time as they provide proof of a different category classification.

8.03 When a Teacher is reclassified to a higher level by Q.E.C.O. Program 5, the salary

adjustment shall be retroactive to the first day of the school year during which notice

of reclassification is given to the Board, provided that notice is given before

December 31 of that year, and provided qualifications are effective September 1 of

that year. If notice is given after January 1 and before June 30, the salary

adjustment will take effect on January 1 of that year, otherwise, salary adjustment

becomes effective the first day of the month following reclassification.

8.04 a) A teacher will be placed on the salary grid September 1st according to

recognized years of teaching experience.

b) Recognized teaching experience includes full or regular part-time teaching in

an elementary or secondary school operating under the jurisdiction of a school

board or school authority established under legislation of a Province of

Canada or the Government of Canada.

c) Recognized teaching experience also includes full or regular part-time

teaching in an elementary or secondary school operating under the jurisdiction

of a school board or school authority established under legislation of a

government outside of Canada, where the board recognizes such experience

P a g e |- 4 -

as equivalent to experience described in b) above.

d) Teaching experience shall include experience as a long-term occasional

teacher and for teachers hired effective September 1, 2008 only, experience

gained as an Occasional Teacher.

100 Occasional Teaching days in any one school year shall constitute one

year of teaching experience.

e) Incomplete years of Teaching and Long Term Occasional Teaching will be

accumulated and recognized for experience to the nearest full year based on

the number of days worked. One year will be considered to be 194 days

worked so that any accumulation of 97 days or more will be rounded up and

an accumulation of less than 97 days will be rounded down.

ARTICLE 9 - PAYMENT OF SALARY - Shall be in accordance with Part “A” Article 2

2014/ 2015 & 2015 / 2016 School Year

A0 A1 A2 A3 A4

0 45,551 49,509 51,547 54,940 57,667

1 47,893 52,057 54,352 58,181 61,220

2 50,235 54,601 57,145 61,390 64,774

3 52,573 57,145 59,938 64,618 68,353

4 54,905 59,682 62,750 67,845 71,902

5 57,261 62,241 65,534 71,051 75,469

6 59,683 64,875 68,353 74,180 79,034

7 62,103 67,505 71,138 77,606 82,583

8 64,527 70,137 73,954 80,884 86,158

9 66,915 72,733 76,825 84,197 89,711

10 69,354 75,386 79,699 87,522 93,258

11 70,184 76,529 80,724 90,612 94,622

September 1, 2016 - 1% increase

A0 A1 A2 A3 A4

0 46,007 50,004 52,062 55,489 58,244

1 48,372 52,578 54,896 58,763 61,832

2 50,737 55,147 57,716 62,004 65,422

3 53,099 57,716 60,537 65,264 69,037

4 55,454 60,279 63,378 68,523 72,621

5 57,834 62,863 66,189 71,762 76,224

6 60,280 65,524 69,037 74,922 79,824

7 62,724 68,180 71,849 78,382 83,409

8 65,172 70,838 74,694 81,693 87,020

9 67,584 73,460 77,593 85,039 90,608

10 70,048 76,140 80,496 88,397 94,191

11 70,886 77,294 81,531 91,518 95,568

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98th day of 2016-17 - 0.5% increase

A0 A1 A2 A3 A4

0 46,237 50,254 52,322 55,766 58,535

1 48,614 52,841 55,170 59,057 62,141

2 50,991 55,423 58,005 62,314 65,749

3 53,364 58,005 60,840 65,5 90 69,382

4 55,731 60,580 63,695 68,866 72,984

5 58,123 63,177 66,520 72,121 76,605

6 60,581 65,852 69,382 75,297 80,223

7 63,038 68,521 72,208 78,774 83,826

8 65,498 71,192 75,067 82,101 87,455

9 67,922 73,827 77,981 85,464 91,061

10 70,398 76,521 80,898 88,839 94,662

11 71,240 77,680 81,939 91,976 96,046

9.01 Teachers’ salaries will be paid in twenty-six instalments on alternate Fridays. When

the school year starts in August, the school days during that month will be paid at

the rate effective on September 1 of the same year. The first pay in the school year

cannot be before the Friday of the first week of school. Where the last bi-weekly

pay is more than 2 weeks before the first pay in the school (as per above), the union

and the board must agree in advance of that year on the 27 instalment pay

schedule. Such amended pay schedule shall be communicated to the Teachers a

minimum of 5 months in advance of the beginning of the school year.

9.02 When the school year starts in August, the school days during that month will be

paid at the rate effective on September 1 of the same year.

9.03 Teachers and coordinators who are requested to travel between schools shall be

paid a metrage allowance in accordance with Board Policy.

9.04 The Board shall deduct from the salary of each Teacher the amount of regular

Association dues uniformly and regularly levied in respect of each Teacher in

accordance with the by-laws of the Association and to remit such deductions by

the15th of the month following the month in which the dues were deducted.

ARTICLE 10 - RESPONSIBILITY ALLOWANCE

10.01 A Coordinator shall have up to full time release from teaching duties. No one who is

presently assigned (i.e. on June 1, 2002) as a coordinator shall have their present

assignment as a coordinator reduced for the term of the appointment. In addition to

the scheduled salary a coordinator shall be paid a responsibility allowance

$3,443.09 for September 1, 2016, on the 98th day of the 2016/17 school year

$3,460.31. The allowance will be prorated based on percentage of time worked as a

coordinator.

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10.02 Although the Board has the sole right to create or designate a new position which

comes within the scope of this Agreement, it is agreed that the salary and the

additional allowance for such a position shall be arrived at by consultation with

representatives of the Association before the new position is advertised.

ARTICLE 11 HEALTH AND WELFARE BENEFITS

11.01 It is agreed that the Board in making available the benefit plans set out in this article

will administer the benefit plans but will not accept the responsibility as an insurer.

The benefit plans are underwritten by insurance companies and the actual

provisions of the policies issued shall govern each plan. A copy of the group master

policy or policies will be given to the president of the local unit. The Board shall

provide an information brochure on the insured benefit plans to every insured

teacher as needed, or in the event of a change in carrier.

11.02 The Board agrees to continue the agreed level of benefits during the term of this

agreement.

11.03 Group Term Life and Accidental Death & Dismemberment Insurance – The

Board will pay 100% of the current premium cost for a group term life insurance

policy having a face value of $125,000 for each eligible employee.

11.04 Optional Life Insurance – Subject to the approval of the insurance carrier, optional

life insurance shall be available in units of $10,000 to a maximum of $200,000

provided that the employee pays 100% of the premium costs.

11.05 Spousal Life Insurance – Subject to the approval of the insurance carrier, spousal

life insurance shall be available in units of $10,000 to maximum of $200,000

provided that the employee pays 100% of the premium costs.

11.06 Extended Health Care – The Board will pay 100% of the current premium cost for

an extended health care plan that shall include:

Vision Care – maximum payment of $275 every two (2) years for employee, spouse

and $200 every 12 months for dependent children

Drug Plan – Pay Direct including over-the-counter drugs

Semi-Private Hospital Benefit

Supplementary Health Care Benefit

11.07 Dental Plan – The Board will pay 100% of the current premium cost for a dental

plan that shall include:

- routine services covered 100% and dentures and major restorative 50/50 coinsurance

to a combined maximum of $1,000 annually

- Effective September 1, 2007 basic services covered 100% and major restorative

50/50 co-insurance to a combined maximum of $1,500 annually

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- orthodontics with 50/50 co-insurance and $2,000 life-time maximum (for

dependent children only)

- current O.D.A. schedule of fees

11.08 The Board will pay 100% of the premium costs of benefits for those teachers

working half-time or more.

ARTICLE 12 - SICK LEAVE: Shall be in accordance with Part A, Article 3

12.01 If the Board requests a medical certificate, the cost will be reimbursed by the

Board.

12.02 Access to information on sick leave balances will be available electronically.

ARTICLE 13 - LONG-TERM DISABILITY

13.01 The Board shall administer the LTD plan on behalf of the local bargaining unit.

13.02 The local bargaining unit has full authority in determining the terms and conditions

of the LTD plan and in selecting the insurer for the plan.

13.03 Where the local bargaining unit implements changes in the terms and conditions of

the LTD plan or the selection of an insurance carrier, the board shall, for

administrative purposes, be advised of the changes at least thirty (30) days prior to

the date the changes are to be implemented.

13.04 Participation in the LTD plan is mandatory for all new hirees of the local bargaining

unit effective January 1, 1998, subject to the eligibility requirements provided under

the plan.

13.05 LTD premiums are paid by members of the local bargaining unit through payroll

deductions.

13.06 A Teacher retains full entitlement to all benefits provided under Section 12 of the

collective agreement during the LTD qualifying period and while receiving LTD

benefits.

13.07 A Teacher absent from work and receiving LTD benefits maintains his/her

employment with the board and the period of absence is an authorized LTD leave of

absence. During this period, the member continues to accrue seniority.

13.08 The Board agrees to participate in early intervention and return-to-work

rehabilitation programs initiated on behalf of disabled members.

13.09 The Board, in consultation with the local bargaining unit, shall develop and maintain

a modified work program in accordance with Board policy to oversee and

accommodate the effective return to active employment of Teachers who have

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become disabled.

ARTICLE 14 - WORKERS’ COMPENSATION: Shall be in accordance with Part ”A”

Article 13

14.01 A teacher who is injured in the course of their duties will have their Workers’ Safety

Insurance salary award supplemented.

The Board agrees that there will be no reduction in any employment benefit due to

absence because of sickness or injury which has risen out of or in the course of the

teacher’s employment, including but not limited to seniority, pension and/or sick

leave credits, and health benefits.

14.02 Where a Teacher receives workers’ compensation benefits as determined by the

Workers’ Safety and Insurance Board, such payments shall be directed to the

Board. The Board shall pay the difference between the teacher’s full salary and the

Workers’ Safety Insurance Board payment.

14.03 Upon written consent from the Teacher, the Board shall provide the local bargaining

unit with a copy of the Teacher’s report of the injury or disease (Form 7) when

submitting such form to the Workers’ Safety and Insurance Board.

14.04 The Board agrees to provide to the Local Bargaining Unit and the injured Teacher

any return to work plan or any other prescribed information and/or correspondence

between the Board and the W.S.I.B. regarding a Teacher’s W.S.I.B. claim.

ARTICLE 15 - PREGNANCY/PARENTAL/ADOPTION LEAVE

15.01 The Board shall make available to any employee, Pregnancy and/or Parental

/Adoption leave in accordance with the Employment Standards Act of Ontario.

During the statutory portion of the pregnancy/parental/adoption leave the Board

shall pay 100% of the premium costs of benefit plans in which the employee is

enrolled.

Where a Teacher is granted a special leave by the Board to extend the

Pregnancy/Parental/Adoption Leave as established under the Ontario Employment

Standards Act, the Teacher, subject to the terms of the carrier, shall be entitled

to maintain enrolment in the benefit plan for the duration of the extended leave.

The request for maintaining benefits must be made by the Teacher at the time

the request for the special leave is made to the Board. The cost for maintaining

the benefits is the responsibility of the Teacher.

A teacher may be granted an extended leave not to exceed a period of two (2)

years following the pregnancy/parental/adoption leave.

A Teacher shall be granted a special leave, with pay and no deduction from sick

leave credits, to a maximum of five (5) days for needs directly related to the

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adoption of a child.

15.02 Paternity Leave

A male Teacher shall be granted a special leave with pay and no deduction from

sick leave credit, to a maximum of two (2) days for needs directly related to the birth

of his child.

ARTICLE 16 - LEAVES OF ABSENCE

16.01 Long-Term Leave Of Absence

A long-term leave of absence may be requested by a Teacher provided that the

request is in writing to the Director. Terms and conditions pertaining to the

requested leave of absence shall be by mutual agreement in writing, between the

Teacher and the Board. One of the conditions required for the approval is the

Teacher agrees to notify the Board in writing of his/her intentions to return for the

forthcoming school year (if leave is to continue beyond the end of the current year)

as follows:

a) for a leave of absence which is to commence at the beginning of a school year

and continue for the entire school year, the Teacher agrees to notify the Board by

March 31 (during the year of absence);

b) for a leave of absence other that (a) above, the Teacher agrees to notify the

Board by a mutually acceptable date agreed to by both parties.

A Teacher on a long term leave of absence may participate in any of the Board’s

group benefit plans during the leave of absence provided the Teacher pays the full

cost of the premiums and also provided all terms and conditions of the leave of

absence are complied with as mutually agreed upon and provided that the carrier

permits it.

16.02 Short-Term Leave Of Absence

A short-term leave of absence of up to five (5) consecutive teaching days may be

granted by the Director of Education. This leave will be without pay.

16.03 Personal Leave

a) Two days of absence for personal reasons shall be available for every Teacher

without loss of salary. The leave shall be granted by the Principal at mutually

agreeable times subject to the availability of occasional teachers.

b) Personal leave days are not cumulative from year to year.

c) Personal leave days will not be taken during the first two days or the last two

days of the school year.

16.04 Compassionate Leave

When a Teacher is required to be absent due to the serious illness of a relative or a

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close friend, a leave of absence of one (1) teaching day shall be granted. Two (2)

additional days may be granted without loss of salary. In the event that the Director

is unavailable, the local principal may make the decision. Compassionate leave

without loss of salary may be extended up to two (2) more days at the discretion of

the Director if travel beyond 200 km is required.

16.05 Bereavement Leave

Bereavement leave of up to five (5) consecutive school days with pay shall be

granted for bereavement in the family. Immediate family shall mean: spouse,

parents, step-parents, guardians, children, step-children, siblings, grandparents,

grandchildren, fiancé and the immediate family of the spouse.

If a Teacher is required to be absent because of the death of a close friend or

relative, he/she may be granted up to two (2) days without loss of pay or deduction

from sick leave credit.

16.06 Professional Development Leave

Teachers shall be granted, subject to prior approval by the Director of Education,

leave of absence with pay to attend professional development workshops

sponsored by the Bargaining Agent. Any supply Teacher costs will be assumed

by the Board.

16.07 Federation Leave

1. Upon written request of the Unit Executive, the Board shall grant a leave of

absence from educational duties for the following school year for the President

of the local OECTA Unit.

2. a) The President of the OECTA Unit shall select either a full-time or part-time

leave and shall notify the Board of said request prior to April 30, 1999, and

April 15 of each year thereafter.

b) If any leave is to be less than full-time then the Teacher, in consultation with

the Director, shall be granted leave on one of the following basis:

§ full day, alternate school days; or

§ half day, every school day; or

§an alternate plan.

3. All salary and benefits shall be paid by the Board to the President during the

period of leave in a manner consistent with the collective agreement. OECTA

shall reimburse the Board for the salary and benefits of the Teacher while on

leave.

4. Seniority, experience and sick leave credits shall continue during the leave.

5. In the event that the President is unable to perform his/her duties for a period of

more than twenty (20) consecutive school days due to injury or illness, and

P a g e |- 11 -

makes an application and qualifies for LTD benefits, the Unit may appoint

another Teacher as Interim President until the President is able to return to

his/her duties as President.

6. The Board shall grant a leave to the Teacher named by the Association as

Interim President during the period the appointment noted 17.07 (5) above.

7. Up to forty (40) paid leave days per school year will be available for Teachers to

participate in Federation sponsored activities. Upon notification by the

Association the Principal shall make every reasonable effort to obtain a supply

teacher. If a supply teacher is not available, the leave shall only occur by mutual

agreement between the Association and the Principal. It is understood that

release time for the Unit President and the Negotiating Team is not included in

the count for the forty (40) days.

16.08 Absence of Teacher in Quarantine

Every Teacher is entitled to salary despite absence from duty in any case where,

because of exposure to communicable disease, the Teacher is quarantined or

otherwise prevented by the order of the medical health authorities from attending

upon his or her duties. The days shall not be deducted from sick leave credits.

16.09 Absence by Reason of Being a Juror or Witness

A Teacher is entitled to salary despite absence from duty by reason of a summons

to serve as juror, or a summons as a witness in any proceeding to which the

Teacher is not a party or one of the persons charged, provided that the Teacher

pays to the Board any fee, exclusive of traveling allowances and living expenses,

that the Teacher receives as a juror or as a witness. The days shall not be

deducted from sick leave credits.

16.10 Absence Due to Inclement Weather/Emergency Situations

Absences due to inclement weather/emergency situations shall be administered in

accordance with Board policy.

16.11 Requests for leaves under sections 16.04, 16.05, 16.10 shall not be unreasonably

denied.

ARTICLE 17 S.E.B. PLAN FOR MATERNITY LEAVES: Shall be in accordance with

Part “A” Article 14

ARTICLE 18 - SABBATICAL LEAVE

18.01 This program is established for the purpose of recognizing Teachers who are giving

outstanding service and of offering them an opportunity for enrichment, which in turn

will benefit the Northwest Catholic District School Board.

18.02 Sabbatical Leave shall mean a one-year leave of absence, granted at the Board’s

discretion, on application by a Teacher for purposes of study and/or research. Any

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Teacher who has five or more years of service with this Board or its predecessors is

considered eligible to apply.

18.03 A Teacher granted Sabbatical leave shall retain his/her standing on the staff and is

entitled to an increment, if applicable, for the year he/she is on leave.

The year of leave will count as teaching service for the purposes of Article 35,

Surplus Staff.

18.04 The salary while on Sabbatical Leave shall be seventy-five (75) percent of the

scheduled salary normally received during the leave period, payable as a monthly

salary, which is considered a loan payable to the Board until the Teacher produces

evidence of having successfully completed the course for which Sabbatical Leave

was granted.

ARTICLE 19 - SELF FUNDED LEAVE PLAN

19.01 The X over Y plan affords Teachers the opportunity of taking up to one (1) year’s

leave of absence without pay and, through deferral of salary, to finance the leave.

The Plan allows a Teacher to teach “X” years over a “Y” period with the leave in the

final year of the Plan.

19.02 The Teacher, in application, shall indicate the “X” and “Y” components desired.

However, the final determination of the “X” and “Y” components shall be made in

consultation with the Director of Education and in accordance with the total Plan’s

requirement for a balance between leaves commencing and leaves returning. The

number of leaves approved for any school year may be restricted by the Board.

19.03 Qualifications

Any Teacher with the Board is eligible to participate in the Plan.

19.04 Application

a) Applications for participation in the Plan must be filed with the Human

Resources Administrator no later than May 31 of the school year prior to the

school year in which the Plan will commence.

b) Written acceptance or denial for such application will be forwarded to the

Teacher by June 30 of the school year in which the Plan will commence.

c) Acceptance of a Teacher’s application will not be unreasonable withheld by

the Board.

19.05 Implementation of the Plan

The financial arrangements for funding the year of leave shall be arranged by

mutual agreement between the Teacher and the Board:

a) Each Teacher in the Plan shall sign an agreement with the Board. The

agreement shall specify the terms and conditions agreed to by the Teacher

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and the Board.

b) A trust account will be established by the Board at a chartered bank for each

participant in the Plan. The money to be deducted from each participant’s biweekly

pay will be deposited to this account where it shall be retained and

accumulate interest until the year of the leave or the dissolution of the

agreement between the Board and the Teacher.

c) In each year of the Plan, preceding the year of the leave, a Teacher will

deposit a percentage of the appropriate grid salary and applicable

allowances in accordance with the agreement.

d) During the year of leave the accumulated funds in the Teacher’s account will

be paid to the Teacher. Subject to the conditions of the insurance carrier, a

Teacher may continue coverage of existing benefits in accordance with

Article 12 for the year of the leave under this Plan by paying 100% of the

premiums.

19.06 Terms of Reference

a) The Board shall place the Teacher, upon return to duty, in a position

equivalent to that held at the commencement of the leave of absence.

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 sick

leave days accumulated before going on leave.

c) Leave taken under the Plan shall be treated as a year of teaching

experience for seniority purposes only.

d) Teachers declared redundant in any year of the Plan will be required to

withdraw. Any accumulated funds will be paid to the Teacher, subject to

the regulations of the financial institution.

e) A Teacher may withdraw from the Plan effective August 31, by giving

written notice to the Employer by the preceding April 1, except in the

calendar year in which the leave is due to commence, in which case the

written notice must be given by the preceding January 1.

e) Where it can be demonstrated to the Board by a Teacher who is a participant

in the Plan, that a financial emergency exists, or where a Teacher who is a

participant in the Plan is identified as being redundant, the notice period shall

be waived and the accumulated funds shall be released to the Teacher

within sixty (60) days. In the case of the death of a Teacher who is a

participant in the Plan, the accumulated funds shall be paid to the Teacher’s

estate, providing the consents of releases have been obtained.

19.07 This plan will be administered in accordance with Revenue Canada regulations.

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ARTICLE 20 - TEACHER IN CHARGE (Designated Teacher)

20.01 The parties recognize that from time to time school administrators (Principals and

Vice Principals) may be absent temporarily from their duties. To accommodate

these situations, a Teacher may be designated a “Teacher in Charge” at a school.

20.02 A “Teacher in Charge” will remain a member of the bargaining unit for the duration

of the duties assigned and will retain all rights and privileges accorded under the

terms of the Collective Agreement.

20.03 “Teacher in Charge” shall be compensated at the daily rate of $64.79 September 1,

2016, and on the 98th day of the 2016/17 school year $65.11.

20.04 Such assignments shall not exceed three (3) consecutive school days except with

the approval of the Association. Such assignments shall not exceed forty (40)

school days in total per year per school. Any extension of this period shall be with

the approval of the Association.

20.05 The Board may replace any Teacher designated as a “Teacher in Charge” with an

occasional Teacher on the assigned day when the absence is one day or less. The

Board shall replace any Teacher designated as a “Teacher in Charge” with an

occasional Teacher on the assigned days when the absence is greater than one

consecutive day.

20.06 No Teacher shall be assigned without his or her consent.

ARTICLE 21 - ACTING ADMINISTRATOR

21.01 The Board may assign a Teacher the duties of an administrator (principal/viceprincipal)

for a temporary period of time not to exceed forty (40) consecutive school

days.

21.02 Any extension of this period shall only be with the approval of the Association.

21.03 “Acting Administrator” shall be compensated at the daily rate of $64.79 September

1, 2016 and on the 98th day of the 2016/17 school year $65.11

21.04 No Teacher shall be assigned the duties of an administrator without his/her consent.

21.05 Acceptance by the Teacher of such temporary duties shall not interrupt the

accumulation of seniority rights under the provisions of this Collective Agreement.

21.06 All other provisions of this Collective Agreement shall apply to the Teacher during

such period of temporary absence.

21.07 Any Teacher assigned such duties shall not participate in the evaluation of another

P a g e |- 15 -

member of this bargaining unit.

21.08 The Board agrees to replace any Teacher who accepts an Acting Administrator

position for a temporary period as described in Article 22.01 and 22.02 above with

an occasional Teacher.

ARTICLE 22 - LENGTH OF SCHOOL YEAR

22.01 The length of the school year shall be defined in accordance with the Ontario

Education Act and regulations.

22.02 Where the Board extends the Teacher’s work year beyond 194 workdays, Teachers

shall be paid the daily rate for those days in accordance with the collective

agreement.

ARTICLE 23 - LENGTH OF SCHOOL DAY

23.01 The length of the school day shall be in accordance with the Ontario Education Act

and regulations.

23.02 No Teacher will be disciplined for refusal to perform voluntary activities.

ARTICLE 24PREPARATION AND PLANNING TIME

24.01 Each full time Teacher will receive a minimum of 240 minutes per week of planning

and preparation time. It is understood that preparation and planning time is selfdirected,

to be used by the Teachers on a Board site. Part time teachers will receive

planning and preparation time on a pro-rata basis.

24.02 Two (2) Professional Activity Days will be designated for the purpose of assessment

and completion of report cards at the elementary level. One (1) additional

Professional Activity Day will be designated for the purpose of assessment and

completion of report cards at the elementary level provided there are three reporting

periods.

24.03 Elementary Teacher Supervision

a) Elementary Teachers shall be available to students in their classroom fifteen

minutes prior to the first scheduled class of the day and five 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.

b) The maxima of supervision minutes for elementary Teachers is 80 minutes per

week.

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ARTICLE 25 - GRATUITY PLANS

25.01 Teachers who were employed by a predecessor Board and the Northwest Catholic

District School Board prior to December 31, 1998, and who were covered by a

predecessor Collective agreement, shall continue to have the Retirement Gratuity

provision in the collective agreement that applied to them prior to December 31,

1998, continue to apply. (See Appendix B – Article 7.03 – Fort Frances-Rainy River

District; Article 11 – Dryden District)

25.02 Teachers commencing employment with the District Board after December 31,

1998, who were not employed with a predecessor Board and the District Board in

the 1997/98 school year are entitled only to the following Retirement Fund:

a) The Board shall pay into a reserve fund for the purpose of funding retirement

benefits for Teachers hired after December 31, 1998 $350.00 per each

completed school year for each Teacher who was hired after December 31,

1998 (prorated for part-time Teachers).

b) A Teacher hired after December 31, 1998 with ten (10) or more consecutive

years of service without intervening employment with the Northwest Catholic

District School Board who retires due to:

i) death

ii) permanent disability; or

iii) is eligible for receiving superannuation or commuted value pension from the

Teachers’ Pension Plan Board shall receive an amount as follows:

n x That Teacher’s Fund

200

“n” is the number of unused sick leave credit days at the time of retirement

not to exceed 200.

c) A Teacher shall not be entitled to more than 50% of his/her annual salary at the

time of retirement.

d) The allowance for retirement shall be paid in three (3) equal annual installments

commencing the first month of the calendar year following the retirement of the

employee unless the Board and the recipient agree upon an alternative method

of payment.

e) In the event of the death of a retired Teacher receiving retirement fund

payments, the unpaid balance will be paid to the deceased’s estate.

f) The Board and the Association make no warranties, representations or

guarantees on the rate of return on investments.

25.03 The parties shall meet a minimum of once per year for the purpose of monitoring

the affairs related to the funds described in Article 26.02 and making

recommendations, if necessary, to the respective parties.

25.04 The parties will, by mutual consent, meet for the purpose of exploring alternative

P a g e |- 17 -

models for funding the gratuities identified in 26.01.

25.05 Only those Teachers employed under the Dryden District RCSS Board predecessor

Agreement as of December 31, 1998 will access Termination Benefits as written in

Article 11.03 of the predecessor Agreement. (See Appendix C)

25.06 Upon the death of a Teacher, the widow/widower may participate in the Teachers’

Group Benefits Plans, for one year from the date of death by paying directly to the

Board the total costs of the plans provided that:

1) premiums are not adversely affected; and

2) it is allowed by the carrier.

ARTICLE 26 - GRIEVANCE PROCEDURE

26.01 A grievance is defined as any dispute between the Association and the Board which

relates to the interpretation, application, administration or alleged contravention of

this agreement .

26.02 Informal Stage

The local unit will attempt to resolve a grievance by informal discussion with the

Principal or Director of Education. This informal stage shall be initiated in writing

within thirty (30) school days of the date the griever becomes aware of the

occurrence or the circumstance giving rise to the grievance. No grievance may be

initiated later than one year from the date of the occurrence or the circumstance

giving rise to the grievance.

The Principal or Director of Education shall answer the grievance in writing within

five (5) days after the receipt of the grievance.

26.03 Formal Grievance Procedure

d) If the reply of the Principal or Director of Education is not acceptable to the

local unit, a grievance shall be referred to the Director of Education in writing

within ten (10) calendar days of the receipt of the reply in 27.02, setting out

the facts of the grievance, and the section(s) offended and the redress

sought.

d) The parties agree to meet within ten (10) calendar days of receipt of the

grievance to discuss the matter. The Director will provide written response

within five (5) school days after the meeting.

c) If no settlement is reached at this step, the Unit may proceed to Arbitration

by advising the Board in writing within ten (10) school days of the date of the

written response of the director.

26.04 Arbitration

a) Where a difference arises between the parties relating to the interpretation,

application or administration of this agreement, or where an allegation is

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made that this agreement has been contravened, either of the parties may,

after exhausting any grievance procedure established by this agreement,

notify the other party in writing of its desire to submit the difference or

allegation to arbitration and the notice shall contain the name of the first

party’s appointee to an arbitration board.

b) The recipient of the notice shall, within five (5) days, inform the other party

either that it accepts the other party’s appointee as a single arbitrator or

inform the other party of the name of its appointee to the arbitration board.

c) Where two (2) appointees are so selected they shall, within five (5) days of

the appointment of the second of them, appoint a third person who shall be

the chairperson.

d) If the recipient of the notice fails to appoint an arbitrator or if the two

appointees fail to agree upon a Chairperson within five (5) days, the

appointment shall be made by the Minister of Labour upon the request of

either party.

e) 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 employees or

employers affected by it.

f) The decision of a majority is the decision of the arbitration board, but, if there

is no majority, the decision of the Chairperson governs. The arbitrator or

arbitration board, as the case may be, shall not by the decision add to, delete

from, modify or otherwise amend the provisions of this agreement.

g) The costs associated with an arbitration proceeding shall be shared equally

by the Board and the local unit.

26.05 Time Restrictions

a) At any stage of the grievance procedure, the time limits imposed upon either

party may be extended by written mutual agreement.

b) The failure of the griever to meet any time lines shall constitute a forfeit of

the grievance.

26.06 Grievance Mediation

a) At any stage in the grievance procedure, the parties by mutual consent in

writing may elect to resolve the grievance by using grievance mediation. The

parties shall agree on the individual to be mediator and the time frame in

which a resolution is to be reached.

b) The timelines outlined in the grievance procedure shall be frozen at the time

the parties mutually agreed in writing to use the grievance mediation

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procedure. Upon written notification of either party to the other party

indicating that the grievance mediation is terminated, the time lines in the

grievance procedure shall continue from the point at which they are frozen.

26.07 Board-Initiated Grievance

Notwithstanding articles 27.02 and 27.03, the Board may process a grievance

alleging a violation by the Unit by referring the grievance, in writing, to the Unit

President. The Unit shall reply in writing within ten (10) days following receipt of the

grievance.

If the Board is not satisfied with the reply from the Unit, the grievance may be

referred to arbitration as outlined in Article 27.04 within ten (10) days of receipt of

the Unit’s reply.

ARTICLE 27 - JUST CAUSE

27.01 No teacher shall be disciplined, demoted or dismissed without just cause. In the

case of dismissal, the Board may apply a lower standard of just cause for

probationary teachers.

27.02 Notwithstanding the above provision, notice of termination of employment due to

redundancy shall be in accordance with Article 36 of the collective agreement.

ARTICLE 28 - EVALUATION PROCEDURES

28.01 The evaluation of a Teacher shall be conducted in accordance with Board Policy.

Notwithstanding the above, the Board and Teachers agree that evaluation

procedures are based on consultation and collaboration between the parties.

28.02 No member of the bargaining unit shall participate in the evaluation of another

member.

ARTICLE 29 - COLLEGE OF TEACHERS’ COMPLAINTS

29.01 If a Teacher is the subject of an investigation by the College of Teachers and the

College of Teachers has determined that no disciplinary action is required, no

report/record of the investigation by the College of Teachers shall be included in the

personnel file of the Teacher.

ARTICLE 30 - NON-DISCRIMINATION

30.01 There shall be no discrimination against any Teacher in regard to employment or

any term or condition of employment because the Teacher is or was a member of

the Association or is or was exercising any right under this agreement, the Ontario

Education Act or the Ontario Labour Relations Act.

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ARTICLE 31 - ASSAULT UPON TEACHERS

31.01 The Board and the bargaining unit recognize that every employee has a right to

freedom from assault in the workplace.

31.02 Assault upon Teachers will be handled in accordance with Board Policy and/or the

provisions as outlined in Article 7.01.

ARTICLE 32 - HARASSMENT PROCEDURES

32.01 Harassment complaints will be handled in accordance with Board policy, and/or the

provisions as outlined in Article 7.01.

ARTICLE 33 - SENIORITY

33.01 Definitions

1.1 “Teaching Service” means employment as a certified Teacher with the

Northwest Catholic District School Board or any of its predecessor boards

including time worked:

- as an exchange Teacher;

- while on loan to DND;

- while on the recall list for a period not to exceed one year;

- while on any leaves taken with the approval of the Board including leaves

for lengthy illness; and

- while working for the Ontario English Catholic Teachers’ Association.

1.2 “Seniority” shall mean the length of continuous service in the bargaining

unit with the Board or any of its predecessor boards from the most recent

date and time of hire.

33.02 Each Teacher employed by the Board and covered by the provisions of this

Agreement shall be placed on the seniority list. This does not include occasional

Teachers.

33.03 The Seniority List shall provide in descending order of seniority, the names of the

Teachers, the date of commencement of employment in the bargaining unit and the

total seniority calculated in accordance with this article. The list shall be updated

each year as of September 30th and a revised copy thereof provided to the Local

Unit resident(s) as of October 31st.

33.04 “Breaking Ties” - Where the seniority of one or more Teachers is equal, the

determination of their respective positions on the seniority list shall be based upon

the following criteria, and in order:

a) total actual teaching experience with the board or its predecessor boards

during the period of continuous service;

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b) Total teaching experience as determined in Article 9.04;

c) where seniority is equal, the higher rank shall be accorded to the Teacher:

i) with the greater teaching experience recognized for salary purposes;

or if equal

ii) as determined by lot conducted by the Director of Education or

designate, in the presence of the Teachers concerned and their

OECTA Bargaining Unit President or designate.

ARTICLE 34 - TRANSFERS

For the 2016/17 school year this Article does not apply, see Letter of Understanding re:

Transfer/Surplus/Redundancy

34.01 Teacher-Initiated Transfers