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_______________________________________

Collective Agreement

Between

Ontario Secondary School Teachers' Federation

District 19 – Peel Region

and

Peel District School Board

September 1, 2014 – August 31, 2017

______________________________________

TABLE OF CONTENTS

PART A – CENTRAL AGREEMENT BETWEEN: Ontario Secondary School Teachers’ Federation & Ontario Public School Boards’ Association ARTICLE DESCRIPTION PAGE C1.00 Structure and Content of Collective Agreement 1 C2.00 Length of Term/Notice to Bargain/Renewal 2 C3.00 Definitions 3 C4.00 Central Labour Relations Committee 4 C5.00 Central Grievance Process 5 C6.00 Vested Retirement Gratuity Voluntary Early Payout Option 8 C7.00 Benefits 9 C8.00 Statutory Leaves of Absence/SEB 11 C9.00 Sick Leave 13 C10.00 Provincial Schools Authority/PSAT 17 C11.00 Ministry/School Board Initiatives 18 C12.00 Occasional Teachers and PA Days 19 Appendix “A” Retirement Gratuites 20 Appendix “B” Abilities Form 21 Letters of Agreement #1 Sick Leave 23 #2 Regulation 274 – Hiring Practices 24 #3 Class Size 25 #4 Benefits 26 #5 Status Quo Central Items 35 #6 Status Quo Central Items as Modified by this Agreement 36

PART B – LOCAL AGREEMENT BETWEEN: Ontario Secondary School Teachers’ Federation, District 19 & Peel District School Board ARTICLE DESCRIPTION PAGE Article 1 Purpose and Scope 41 Article 2 Definitions 42 Article 3 Amendments 43 Article 4 Recognition 44 Article 5 Union Dues and Assessments 46 Article 6 No Strikes or Lockouts 47 Article 7 Grievance Procedure 48 Article 8 Probationary Teachers 53 Article 9 Management Rights 54 Article 10 Pregnancy/Parental Leave 57 Article 11 Special Leave of Absence 61 Article 12 Teacher Funded Leaves 62 Article 13 Personal Leaves of Absence 66 Article 14 Joint Staffing Committee 68 Article 15 Staff Allocation 72

ARTICLE DESCRIPTION PAGE Article 16 Transfer and Surplus 77 Article 17 Seniority 90 Article 18 Notice of Resignation or Retirement 92 Article 19 Liaison Committee 93 Article 20 Physical Environment/Health and Safety 94 Article 21 Medical Procedures 95 Article 22 School Year/School Day 96 Article 23 Continuing Education Teachers 97 Article 24 Salary Schedule 104 Article 25 Employee Benefits 116 Article 26 Allowance on Retirement 119 Article 27 No Discrimination 121 Article 28 Professional Development Leave 122 Article 29 Night School/Summer School 125 Article 30 Acting Administrative Positions 126 Article 31 Criminal Record Checks 127 Article 32 Performance Appraisals 128 Article 33 Annual Learning Plan (ALP) 130 Article 34 Cross Curricular and Curriculum Headships 131 Appendix “A” Employee Funded Leaves Application 134 Appendix “B” Automobile Insurance 135 Appendix “C” Early Progress Reports 136 Appendix "D" Letters of Intent Bargaining Unit Meetings 137 Communication of Changes in Board Policy 137 Extra Curricular Activities 137 Union Affiliation of Special Education Teachers 137 Liaison Committee 138 Appendix "E" Letters of Understanding Roy McMurtry School 139 School Closures 140

PART A

CENTRAL AGREEMENT BETWEEN:

The Ontario Public School Boards’ Association hereinafter called the "OPSBA"

and

The Ontario Secondary School Teachers' Federation hereinafter called the "OSSTF/FEESO"

September 1, 2014 to August 31, 2017

1

C1.00 STRUCTURE AND CONTENT OF COLLECTIVE AGREEMENT C1.1 Separate Central and Local terms

a) The collective agreement shall consist of two parts. Part “A” shall comprise those terms which are central terms. Part “B” shall comprise those terms which are local terms.

C1.2 Implementation

a) Part “A” may include provisions respecting the implementation of central terms by the school board and, where applicable, the bargaining agent. Any such provision shall be binding on the school board and, where applicable, the bargaining agent. Should a provision in the Central Agreement conflict with a provision in the Local Agreement, the provision in the Central Agreement, Central Term will apply.

C1.3 Parties

a) The parties to the collective agreement are the school board and the bargaining agent.

b) Central collective bargaining shall be conducted by the central employer and

employee bargaining agencies representing the local parties. C1.4 Single Collective Agreement

a) Central terms and local terms shall together constitute a single collective agreement.

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C2.00 LENGTH OF TERM/NOTICE TO BARGAIN/RENEWAL C2.1 Single Collective Agreement

a) The central and local terms of this collective agreement shall constitute a single collective agreement for all purposes.

C2.2 Term of Agreement a) 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.

C2.3 Amendment of Terms a) In accordance with the School Boards Collective Bargaining Act, the central

terms of this agreement, excepting term, may be amended at any time during the life of the agreement upon mutual consent of the central parties and agreement of the Crown.

C2.4 Notice to Bargain a) Where central bargaining is required under the School Boards Collective

Bargaining Act, notice to bargain centrally shall be in accordance with the Labour Relations Act. For greater clarity:

b) Notice to commence bargaining shall be given by a central party:

i. within 90 (ninety) days of the expiry of the collective agreement; or ii. within such greater period agreed upon by the parties; or

iii. within any greater period set by regulation by the Minister of Education.

Notice to bargain centrally constitutes notice to bargain locally.

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C3.00 DEFINITIONS

C3.1 Unless otherwise specified, the following definitions shall apply only with respect to their usage in standard central terms. Where the same word is used in Part B of this collective agreement, the definition in that part, or any existing local interpretation shall prevail.

C3.2 The “Central Parties” shall be defined as the employer bargaining agency, the

Ontario Public School Boards’ Association (OPSBA) and the Ontario Secondary School Teachers’ Federation (OSSTF/FEESO).

C3.3 “Teacher” shall be defined as a permanent Teacher and specifically excludes

Adult Day School, Continuing Education, Long Term Occasional and Daily Occasional Teachers, unless otherwise specified.

C3.4 “Employee” shall be defined as per the Employment Standards Act. C3.5 “Professional Judgement” shall be defined as judgement that is informed by

professional knowledge of curriculum expectations, context, evidence of learning, methods of instruction and assessment, and the criteria and standards that indicate success in student learning. In professional practice, judgement involves a purposeful and systematic thinking process that evolves in terms of accuracy and insight with ongoing reflection and self-correction.

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C4.00 CENTRAL LABOUR RELATIONS COMMITTEE

C4.1 OPSBA, the Crown and OSSTF agree to establish a joint Central Labour Relations Committee to promote and facilitate communication between rounds of bargaining on issues of joint interest.

C4.2 The parties to the Committee shall meet within sixty days of the completion of the current round of negotiations to agree on Terms of Reference for the Committee.

C4.3 The Committee shall meet as agreed but a minimum of three times in each school year.

C4.4 The parties to the Committee agree that any discussion at the Committee will be on a without prejudice and without precedent basis, unless agreed otherwise.

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C5.00 CENTRAL GRIEVANCE PROCESS

The following process pertains exclusively to grievances on central matters that have been referred to the central process. In accordance with the School Boards Collective Bargaining Act central matters may also be grieved locally, in which case local grievance processes will apply. C5.1 Definitions

a) A “grievance” shall be defined as any difference relating to the interpretation, application, administration, or alleged violation or arbitrability of an item concerning any central term of a collective agreement.

b) The “Central Parties” shall be defined as the Ontario Public School Boards’ Association and the Ontario Secondary School Teachers’ Federation, OSSTF/FEESO.

c) The “Local Parties” shall be defined as the Board or the local OSSTF/FEESO bargaining unit party to a collective agreement.

d) “Days” shall mean regular instructional days.

C5.2 Central Dispute Resolution Committee a) There shall be established a Central Dispute Resolution Committee (CDRC),

which shall be composed of two (2) representatives from each of the central parties, and two (2) representatives of the Crown.

b) The Committee shall meet at the request of one of the central parties.

c) The central parties shall each have the following rights:

i. To file a dispute as a grievance with the Committee.

ii. To engage in settlement discussions, and to mutually settle a grievance with the consent of the Crown.

iii. To withdraw a grievance.

iv. To mutually agree to refer a grievance to the local grievance procedure.

v. To mutually agree to voluntary mediation.

vi. To refer a grievance to final and binding arbitration at any time.

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d) The Crown shall have the following rights:

i. To give or withhold approval to any proposed settlement between

the central parties.

ii. To participate in voluntary mediation.

iii. To intervene in any matter referred to arbitration.

e) Only a central party may file a grievance and refer it to the Committee for discussion and review. No grievance can be referred to arbitration without three (3) days prior notice to the Committee.

f) It shall be the responsibility of each central party to inform their respective local parties of the Committee’s disposition of the dispute at each step in the central dispute resolution process including mediation and arbitration, and to direct them accordingly.

g) Each of the central parties and the Crown shall be responsible for their own costs for the central dispute resolution process.

C5.3 The grievance shall include:

a) Any central provision of the collective agreement alleged to have been violated.

b) The provision of any statute, regulation, policy, guideline, or directive at issue.

c) A detailed statement of any relevant facts.

d) The remedy requested.

C5.4 Referral to the Committee: a) Prior to referral to the Committee, the matter must be brought to the

attention of the other local party.

b) A central party shall refer the grievance forthwith to the CDRC by written notice to the other central party, with a copy to the Crown, but in no case later than 40 days after becoming aware of the dispute.

c) The Committee shall complete its review within 10 days of the grievance being filed.

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d) If the grievance is not settled, withdrawn, or referred to the local grievance procedure by the Committee, the central party who has filed the grievance may, within a further 10 days, refer the grievance to arbitration.

e) All timelines may be extended by mutual consent of the parties.

C5.5 Voluntary Mediation a) The central parties may, on mutual agreement, request the assistance of a

mediator.

b) Where the central parties have agreed to mediation, the remuneration and expenses of the person selected as mediator shall be shared equally between the central parties.

c) Timelines shall be suspended for the period of mediation.

C5.6 Selection of the Arbitrator a) Arbitration shall be by a single arbitrator.

b) The central parties shall select a mutually agreed upon arbitrator.

c) The central parties may refer multiple grievances to a single arbitrator.

d) Where the central parties are unable to agree upon an arbitrator within 10 days of referral to arbitration, either central party may request that the Minister of Labour appoint an arbitrator.

e) The remuneration and expenses of the arbitrator shall be shared equally between the central parties.

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C6.00 VESTED RETIREMENT GRATUITY VOLUNTARY EARLY PAYOUT OPTION

a) A Teacher eligible for a Sick Leave Credit retirement gratuity as per Appendix A shall have the option of receiving a payout of his/her gratuity on August 31, 2016, or on the teacher’s normal retirement date.

b) The teacher must declare his/her intention to receive the earlier gratuity payout by

June 30, 2016.

Pursuant to b) above, the following will apply:

c) The earlier payout shall be equivalent to the present discounted value of the payout

as per Appendix A. The present value shall be based on a discount rate of 7.87% and

on the average retirement age of 58 less the teacher’s age as at June 30, 2016.

d) If a teacher is 58 years of age or older as at June 30, 2016, the retirement gratuity payout will be discounted by 2% if they chose the early gratuity payout.

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C7.00 BENEFITS

Parties have agreed to participate in the Provincial Benefit Trust, set out in the appended Letter of Agreement. The date on which the benefit plan commences participation in the Trust shall be referred to herein as the “Participation Date”. The Boards will continue to provide benefits in accordance with the existing benefit plans and terms of collective agreements in effect as of August 31, 2014 until the Employees’ Participation Date in the Trust. Post Participation Date, the following shall apply: C7.1 Funding

a) The funding per full-time equivalent will be calculated as per the appended Letter of Agreement.

C7.2 Cost Sharing a) The total funding in C7.1a) shall be divided as per the existing employer and

employee cost sharing arrangements in terms of collective agreements in effect as of August 31, 2014.

b) Any other cost sharing or funding arrangements as per previous local collective agreements in effect as of August 31, 2014 remain status quo.

C7.3 Payment in Lieu of Benefits

a) All employees not transferred to the Trust who received pay in lieu of benefits under a collective agreement in effect as of August 31, 2014, shall continue to receive the same benefit.

C7.4 WSIB Top-Up

a) Teachers who, as of August 31, 2014, were entitled to Workplace Safety and Insurance Board benefits top-up, such entitlement shall be as follows:

i. Where the WSIB top-up was previously deducted from sick leave the board shall continue to maintain the same level of top-up without deduction from sick leave.

ii. These top-up payments are to be made for a period not to exceed four years and six months and that period should include any time in the past that eligible unused sick credits were already used by the employee.

b) Additional provisions related to this article remain status quo in accordance

with terms of collective agreements in effect as of August 31, 2014.

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c) If Teachers/Occasional Teachers were entitled to receive WSIB top-up on August 31, 2012 deducted from sick leave, the parties must incorporate those same provisions without deduction from sick leave. The top-up amount to a maximum of four (4) years and six (6) months shall be included in the 2014-17 collective agreement.

Employees who were receiving WSIB top-up on September 1, 2012 shall have the cap of four (4) years and six (6) months reduced by the length of time for which the employee received WSIB top-up prior to September 1, 2012.

C7.5 Long-Term Disability (Employee Paid Plans)

a) All permanent Teachers shall participate in the long term disability plan (LTD Plan) as a condition of employment, subject to the terms of the LTD plan.

b) The Board shall cooperate in the administration of the LTD Plan. It is understood that administration means that the Board will co-operate with the enrolment and deduction of premiums and provide available necessary data to the insurer, upon request. The Board will remit premiums collected to the carrier on behalf of the Teachers.

c) Where the plan administrator 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 changes at least thirty (30) days prior to the date the changes are to be implemented.

C7.6 Any other benefits not described above remain in effect in accordance with terms of

collective agreements as of August 31, 2014.

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C8.00 STATUTORY LEAVES OF ABSENCE/SEB

C8.1 Family Medical Leave or Critically Ill Child Care Leave

a) Family Medical Leave or Critically Ill Child Care leaves granted to a permanent teacher, long-term occasional teacher or teacher hired into a term position under this Article shall be in accordance with the provisions of the Employment Standards Act, as amended.

b) The teacher will provide to the employer such evidence as necessary to prove entitlement under the Employment Standards Act.

c) 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.

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

e) 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.

f) In order to receive pay for such leaves, a teacher must access Employment Insurance and the Supplemental Employment Benefit (SEB) in accordance with g) to j), 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 disability plan.

Supplemental Employment Benefits (SEB)

g) The Employer shall provide for permanent teachers, long-term occasional teachers and teachers hired into a term position who access such Leaves, a SEB plan to top up their E.I. Benefits. The 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 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.

h) Long Term Occasional Teachers and those on term assignments are eligible for the SEB plan with the length of the benefit limited by the term of the assignment.

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i) SEB payments are available only to supplement E.I. benefits during the absence period as specified in this plan.

j) 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.

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C9.00 SICK LEAVE

C9.1 Sick Leave/Short Term Leave and Disability Plan – Teachers (excluding daily occasional Teachers)

a) Sick Leave Benefit Plan The Sick Leave Benefit Plan will provide sick leave days and short term disability days for reasons of personal illness, personal injury, including personal medical appointments and personal dental appointments.

b) Sick Leave Days

Subject to paragraphs C9.1 d) i-vi below, full-time Teachers will be allocated eleven (11) sick days at one hundred percent (100%) salary in each school year. Teachers who are less than full-time shall have their sick leave allocation pro-rated.

c) Short-Term Leave and Disability Plan (STLDP)

Subject to paragraph C9.1 d) i-vi below, full-time Teachers will be allocated one hundred and twenty (120) short-term disability days in September of each school year. Teachers who are less than full-time shall have their STLDP allocation pro-rated. Teachers eligible to access STLDP shall receive payment equivalent to ninety percent (90%) of regular salary.

d) Eligibility and Allocation The allocations outlined in paragraphs C9.1 b) and c) above, will be provided on the first day of each school year, subject to the restrictions outlined in C9.1 d) i-vi below.

i. A Teacher is eligible for the full allocation of sick leave and STLDP

regardless of start date of employment or return to work from any leave other than sick leave, WSIB or LTD.

ii. All allocations of sick leave and STLDP shall be pro-rated based on

FTE at the start of the school year. Any changes in FTE during a school year shall result in an adjustment to allocations.

iii. Part-time Teachers working an unbalanced schedule who work every day of a full school year shall have 11 days of sick leave at 100% pay and 120 additional days of STLDP at 90% pay. In this situation, pay is defined as the amount of money the employee would have otherwise received over that period of absence.

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iv. Where a Teacher is accessing sick leave, STLDP, WSIB or LTD in a school year and the absence due to the same illness or injury continues into the following school year, the Teacher will continue to access any unused sick leave days or STLDP days from the previous school year’s allocation. Access to the new allocation provided as per paragraphs C9.1(b) and (c) for a recurrence of the same illness or injury will not be provided to the Teacher until the Teacher has completed eleven (11) consecutive working days at his/her full FTE without absence due to illness.

v. Where a Teacher is accessing STLDP, WSIB, or LTD in the current

school year as a result of an absence due to the same illness or injury that continued from the previous school year and has returned to work at less than his/her FTE, the Teacher will continue to access any unused sick leave days or STLDP days from the previous school year’s allocation. In the event the Teacher exhausts their STLDP allotment and continues to work part-time their salary will be reduced accordingly and a new prorated sick leave and STLDP allocation will be provided. Any absences during the working portion of the day will not result in a loss of salary or further reduction in the previous year’s sick leave allocation, but will instead be deducted from the new allocation once provided.

vi. A partial sick leave day or short-term disability day will be deducted

for an absence for a partial day.

e) Short-Term Leave and Disability Plan Top-up i. Teachers accessing STLDP will have access to any unused Sick Leave

Days from their last year worked for the purpose of topping up salary to one hundred percent (100%) under the STLDP.

ii. This top-up is calculated as follows:

Eleven (11) days less the number of sick leave days used in the most recent year worked.

iii. Each top-up from 90% to 100% requires the corresponding fraction of a day available for top-up.

iv. In addition to the top-up bank, top-up for compassionate reasons may be considered at the discretion of the board on a case by case basis. The top-up will not exceed two (2) days and is dependent on having two (2) unused Short Term Paid Leave Days in the current year. These days can be used to top-up salary under the STLDP.

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v. When Teachers use any part of an STLDP day they may access their top up bank to top up their salary to 100%.

f) Sick Leave and STLDP Eligibility and Allocation for Teachers in a Term

Assignment Notwithstanding the parameters outlined above, the following shall apply to Teachers in a term assignment:

i. Teachers in term assignments of less than a full year, and/or less than full-time, shall have their allocation of sick leave and STLDP prorated on the basis of the number of work days in their term compared to 194 days.

ii. Where the length of the term assignment is not known in advance, a projected length must be determined at the start of the assignment in order for the appropriate allocation of sick leave/STLDP to occur. If a change is made to the length of the term or the FTE, an adjustment will be made to the allocation and applied retroactively.

iii. A Long Term Occasional Teacher who works more than one LTO

assignment in the same school year may carry forward Sick leave and STLDP from one LTO assignment to the next, provided the assignments occur in the same school year.

g) Administration

i. The Board may require medical confirmation of illness or injury to substantiate access to sick leave or STLDP. Medical confirmation may be required to be provided by the Teacher to access sick leave or STLDP.

ii. The Board may require information to assess whether an employee is able to return to work and perform the essential duties of his/her position. Where this is required, such information shall include his/her limitations, restrictions and disability related needs to assess workplace accommodation as necessary (omitting a diagnosis) and will be collected using the form as per Appendix B. An alternate form may be used where one is mutually developed and agreed upon at the local level.

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iii. If the employee’s medical practitioner has indicated on the form referenced in (ii) above that the employee is totally disabled from work, the Board will not inquire further with respect to the employee’s abilities and/or restrictions until the next review of the employee’s abilities and/or restrictions in accordance with the review date indicated on the form, subject to the Board’s ability to seek medical reassessment after a reasonable period of time.

iv. At no time shall the employer or any of its agents contact the medical

practitioner directly.

v. A board decision to deny access to benefits under sick leave or STLDP will be made on a case-by-case basis and not based solely on a denial of LTD.

vi. The employer shall be responsible for any costs related to independent third party medical assessments required by the employer.

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C10.00 PROVINCIAL SCHOOLS AUTHORITY/PSAT OSSTF/FEESO members who are employees of the Provincial Schools Authority (PSAT), teaching in elementary classrooms, shall be subject to the working conditions agreed to by the local parties as per the current collective agreement.

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C11.00 MINISTRY/SCHOOL BOARD INITIATIVES

a) OSSTF/FEESO will be an active participant in the consultation process to develop a Ministry of Education PPM regarding Ministry/School Board Initiatives.

b) Teachers shall use their professional judgement as defined in C3.5 above. Teachers’ professional judgements are at the heart of effective assessment, evaluation, and reporting of student achievement.

c) Teachers’ professional judgement is further informed by using diagnostic assessment 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 judgements on student learning during the learning cycle.

i. Boards shall provide a list of pre-approved assessment tools consistent

with their Board improvement plan for student achievement and the Ministry PPM.

d) Teachers will be consulted, where possible, if a student’s grade/mark/comment is changed.

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C12.00 OCCASIONAL TEACHERS AND PA DAYS

Long term occasional teachers shall participate in, and be paid for, each scheduled PA day during the term of their assignment. If the term is a full semester, the long term occasional teacher is entitled to the PA day(s) at the beginning or end of that semester.

20 APPENDIX A – RETIREMENT GRATUITIES A. Sick Leave Credit-Based Retirement Gratuities

1) A Teacher is not eligible to receive a sick leave credit gratuity after August 31, 2012, except a sick leave credit gratuity that the Teacher had accumulated and was eligible to receive as of that day.

2) If the Teacher is eligible to receive a sick leave credit gratuity, upon the Teacher’s retirement, the gratuity shall be paid out at the lesser of,

(a) the rate of pay specified by the board’s system of sick leave credit gratuities that applied to the Teacher on August 31, 2012; and

(b) the Teacher’s salary as of August 31, 2012.

3) If a sick leave credit gratuity is payable upon the death of a Teacher, the gratuity shall be paid out in accordance with subsection (2).

4) For greater clarity, all eligibility requirements must have been met as of August 31, 2012 to be eligible for the aforementioned payment upon retirement, and the Employer and Union agree that any and all wind-up payments to which Teachers without the necessary years of service were entitled to under Ontario Regulation 01/13: Sick Leave Credits and Sick Leave Credit Gratuities, have been paid.

5) For the purposes of the following boards, despite anything in the board’s system of sick leave credit gratuities, it is a condition of eligibility to receive a sick leave credit gratuity that the Teacher have 10 years of service with the board:

i. Near North District School Board

ii. Avon Maitland District School Board

iii. Hamilton-Wentworth District School Board

iv. Huron Perth Catholic District School Board

v. Limestone District School Board

B. Other Retirement Gratuities

A Teacher is not eligible to receive any non-sick leave credit retirement gratuity (such as, but not limited to, service gratuities or RRSP contributions) after August 31, 2012.

21 APPENDIX B – ABILITIES FORM

Employee Group: Requested By:

WSIB Claim: Yes No WSIB Claim Number:

To the Employee: The purpose for this form is to provide the Board with information to assess whether you are able to perform the essential duties of your position, and understand your restrictions and/or limitations to assess workplace accommodation if necessary. Employee’s Consent: I authorize the Health Professional involved with my treatment to provide to my employer this form when complete. This form contains information about any medical limitations/restrictions affecting my ability to return to work or perform my assigned duties.

1. Health Care Professional: The following information should be completed by the Health Care Professional

Please check one: Patient is capable of returning to work with no restrictions.

Patient is capable of returning to work with restrictions. Complete section 2 (A & B) & 3

I have reviewed sections 2 (A & B) and have determined that the Patient is totally disabled and is unable to return to work at this time.

Complete sections 3 and 4. Should the absence continue, updated medical information will next be requested after the date of the follow up

appointment indicated in section 4.

First Day of Absence:

__________________________

General Nature of Illness (please do not include diagnosis):

_____________________________________________________

Date of Assessment:

dd mm yyyy

2A: Health Care Professional to complete. Please outline your patient’s abilities and/or restrictions based on your objective

medical findings.

PHYSICAL (if applicable)

Walking:

Full Abilities

Up to 100 metres

100 - 200 metres

Other (please specify):

Standing:

Full Abilities

Up to 15 minutes

15 - 30 minutes


Sitting:

Full Abilities

Up to 30 minutes

30 minutes - 1 hour


Lifting from floor to waist:

Full Abilities

Up to 5 kilograms

5 - 10 kilograms


Lifting from Waist to

Shoulder:

Full abilities

Up to 5 kilograms

5 - 10 kilograms


Stair Climbing:

Full abilities

Up to 5 steps

6 - 12 steps


Use of hand(s):

Left Hand Right Hand

Gripping Gripping

Pinching Pinching

Other (please specify): Other (please specify):

Employee Name: (Please print)

Employee Signature:

Employee ID: Telephone No:

Employee

Address:

Work Location:

22 APPENDIX B – ABILITIES FORM

Bending/twisting

repetitive movement of

(please specify):

Work at or above

shoulder activity:

Chemical exposure to: Travel to Work:

Ability to use public transit

______________________

Ability to drive car

Yes No

______________

Yes No

2B: COGNITIVE (please complete all that is applicable)

Attention and Concentration:

Full Abilities

Limited Abilities

Comments:

Following Directions:

Full Abilities

Limited Abilities

Comments:

Decision- Making/Supervision:

Full Abilities

Limited Abilities

Comments:

Multi-Tasking:

Full Abilities

Limited Abilities

Comments:

Ability to Organize:

Full Abilities

Limited Abilities

Comments:

Memory:

Full Abilities

Limited Abilities

Comments:

Social Interaction:

Full Abilities

Limited Abilities

Comments:

Communication:

Full Abilities

Limited Abilities

Comments:

Please identify the assessment tool(s) used to determine the above abilities (Examples: Lifting tests, grip strength tests, Anxiety Inventories, Self-Reporting, etc.

Additional comments on Limitations (not able to do) and/or Restrictions (should/must not do) for all medical conditions:

3: Health Care Professional to complete.

From the date of this assessment, the above will apply for approximately:

6-10 days 11- 15 days 16- 25 days 26 + days

Have you discussed return to work with your patient?

Yes No

Recommendations for work hours and start date (if applicable):

Regular full time hours Modified hours Graduated hours

Start Date: dd mm yyyy

Is patient on an active treatment plan?: Yes No Has a referral to another Health Care Professional been made?

Yes (optional - please specify): ________________________________________________ No If a referral has been made, will you continue to be the patient’s primary Health Care Provider? Yes No

4: Recommended date of next appointment to review Abilities and/or Restrictions: dd mm yyyy

Completing Health Care Professional Name:

(Please Print)

Date:

Telephone Number:

Fax Number:

Signature:

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LETTER OF AGREEMENT #1

BETWEEN

The Ontario Public School Boards’ Association (hereinafter called ‘OPSBA’)

AND

The Ontario Secondary School Teachers’ Federation (hereinafter called the ‘OSSTF’)

RE: Sick Leave

The parties agree that any current collective agreement provisions and/or Board policies/practices/procedures related to Sick Leave that do not conflict with the clauses in the Sick Leave article in the Central Agreement shall remain as per August 31, 2014. Such issues include but are not limited to:

1. Requirements for the provision of an initial medical document.

2. Responsibility for payment for medical documents.

The parties agree that attendance support programs are not included in the terms of this Letter of Understanding. This Letter of Understanding will form part of the Central Terms between the parties and will be adopted by the parties effective upon ratification.

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BETWEEN

The Ontario Public School Boards’ Association

(hereinafter called ‘OPSBA’)

AND

The Ontario Secondary School Teachers’ Federation

(hereinafter called the ‘OSSTF’)

AND

The Crown

RE: Regulation 274 - Hiring Practices

The parties and the Crown agree that hiring for Long Term Occasional and permanent positions

as set out in Regulation 274 under the Ontario Education Act is governed solely by and

contained exclusively in that regulation and is outside the purview of this collective bargaining

process.

The parties and the Crown agree to meet to discuss Hiring Practices (Regulation 274) within

thirty (30) days of the ratification of this agreement, with a facilitator jointly selected by the

parties. Such facilitated discussion to conclude by December 31, 2015.

25


BETWEEN



AND



Re: Class Size

The parties agree that the issue of class size has been addressed at the Central Table and that

the practices and collective agreement provisions currently in effect in local boards shall

remain status quo. Such practices and collective agreement provisions shall not be subject to

local bargaining or mid-term amendments between local parties. Disputes arising in respect of

such provisions shall be subject to Section 43 of the School Boards Collective Bargaining Act,

2014. However in extenuating circumstances exceptions may be made on a case by case basis

with the mutual consent of the local parties to support student programming. The parties

further agree that the central parties shall permit these discussions to occur.

26


BETWEEN

The Ontario Public School Boards’ Association (hereinafter called ‘OPSBA’)

AND

The Ontario Secondary School Teachers’ Federation (hereinafter called the ‘OSSTF’)

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 contemplated by this Letter of Agreement, all references to life, health and dental benefits in the applicable local collective agreement shall be removed from that local agreement.

The employee representatives, the employer representatives, and the Crown, intend to establish an OSSTF Employee Life and Health Trust (ELHT), (hereinafter, the “Trust”), to provide benefits to teachers and other education workers in the Province of Ontario in accordance with section 144.1 of the Income Tax Act (Canada) (“ITA”). School board benefit plans, herein referred to ‘benefit plans’ can only be moved into the Trust, such that 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, and that benefit plans will participate in this Trust no later than August 31, 2017. The date on which a benefit plan commences participation in the Trust shall be referred to herein as the “Participation Date”.

The parties acknowledge that the establishment of the Trust represents a substantial commitment both within and beyond the term of the current collective agreement. This letter of understanding 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.

1.0.0 PRINCIPLES

1.1.0 The Trust will be governed by the employee representatives and the employer representatives, together with the Crown;

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1.2.0 The Trust will be responsible for the delivery of benefits on a sustainable, efficient and cost effective basis;

1.3.0 Services provided by the Trust to be available in both official languages, English and French; and

1.4.0 Other employee groups may join the Trust. The Trust will develop an affordable benefits plan that is based on the funding available to the employee groups.

2.0.0 GOVERNANCE

2.1.0 Board of Trustees

2.1.1 The Board of Trustees will be comprised of 9 voting members that include 5 employee representatives and 4 employer representatives. The Board of Trustees will include among its members two independent experts, one representing the employer representatives and one representing the employee representatives. The employee representatives will be responsible for the appointment and termination of the employee Trustees, and the employer representatives will be responsible for the appointment and termination of the employer Trustees.

2.1.2 The appointed independent experts will:

a. Come from outside of the following organizations: the Trust, the shared services office supporting the Trusts, the federations, the school boards and the Government;

b. Have no conflict of interest in their role as trustee on the Benefit Plan Trust; and

c. Be accredited from one of the following fields: actuarial science, law or, Certified Employee Benefit Specialist (CEBS) or accounting, and have demonstrated experience with employee benefit plans.

2.1.3 Other experts may be invited to the Trust in an advisory capacity and will not maintain any voting rights.

2.1.4 All voting requires a simple majority to carry.

2.1.5 Each Trustee will have an initial term of three years. Terms may be renewed twice, subject to a maximum tenure of nine years. A succession plan will be designed for the Trustees so that the terms of no more than three Trustees expire in any twelve month period.

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3.0.0 ELIGIBILITY and COVERAGE

3.1.0 The following teachers represented by OSSTF are eligible to receive benefits through this Trust:

3.1.1 The Trust will maintain eligibility for OSSTF represented employees who are covered by the Central Collective Agreement (“OSSTF represented employees”) and currently eligible for benefits in collective agreements. The Trust will also be permitted to provide coverage to other 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 school authority. 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 an affordable plan based on the level of funding that the group brings to the Trust.

3.1.2 Retirees who were, and still are, members of a Board benefit plan at August 31, 2013 based on the prior arrangements with the Board.

3.1.3 Retirees who became members of a Board benefit plan after August 31, 2013 and before the Board participation date are segregated in their own experience pool, and the premiums are fully paid by the retirees.

3.1.4 No individuals who retire after the Board participation date are eligible.

3.1.5 Retirees that join are subject to the provisions in 3.1.2 through 3.1.4.

3.1.6 Any new group that requests inclusion into the Trust, will be provided a generic branding for their respective benefits plan.

3.2.0 The benefit plan may provide coverage for health, life and dental benefits including accidental death and dismemberment (AD&D), medical second opinion, and navigational support. After the initial establishment of the Trust, other employee benefit programs may be considered for inclusion, only if negotiated in future central collective agreements.

4.0.0 FUNDING

4.1.0 Start-Up Costs

4.1.1 The Government of Ontario will provide:

a. A one-time contribution to the Trust equal to 15% of annual benefit costs to establish a Claims Fluctuation Reserve (“CFR”).

b. A one-time contribution of a half month’s premium cost (4.15% of annual benefit costs) to the Trust, to cover start-up costs and/or reserves.

29

c. The one-time contributions in (a) and (b) will be based on the actual cost per year for benefits (i.e. claims, premiums, administration, tax, risk or profit charges, pool charges, etc.) as reported on the insurance carrier’s most recent yearly statement for the year ending no later than August 31, 2015.

d. The Trust shall retain rights to the data and the copy of the software systems.

4.1.2 The Crown shall pay to OSSTF $2.5 million of the startup costs referred to in

s.4.1.1(b) on the date of ratification of the central agreement and shall pay to OSSTF a further $2.5 million subject to the maximum amount referred to in s.4.1.1(b) by June 1, 2016. The balance of the payments, if required under s.4.1.1(b), shall be paid by the Crown to OSSTF on or before September 1, 2016.

4.1.3 On the day the District School Boards, the Provincial Schools Authority, school authorities, and Hospital Boards hereinafter referred to as the “Boards” commence 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 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 Boards’ surplus will be retained by the Boards.

4.1.4 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.

4.1.5 Upon release of each Board’s IBNR and CFR by the carriers, the reserves will be retained by the applicable Boards. For the Administrative Services Only plans (ASO), a surplus (including any deposits on hand) that is equal to or less than 15% of the Boards’ annual benefit cost will be deemed to be a CFR and IBNR and will be retained by the applicable Boards upon its release by the carriers. Where a surplus (including deposits on hand) exceeds 15% of the annual benefit cost, the remaining amount will be apportioned to the Boards and the Trust based on the employers’ and employees’ premium share.

4.1.6 For policies where the experience of multiple groups has been combined, the existing surplus/deficit will be allocated to each group based on the following:

a. If available, the paid premiums or contributions or claims costs of each group; or

b. Failing the availability of the aforementioned financial information by each group, then the ratio using the number of Full Time Equivalent positions (FTE) covered by each group in the most recent policy year will be used.

30

Methodology listed above will be applicable for each group leaving 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.

4.1.7 Boards with deficits will recover the amount from their CFR and IBNR. Any portion of the deficit remaining in excess of the CFR and IBNR will be the responsibility of the board.

4.1.8 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.

4.2.0 On-Going Funding

4.2.1 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. On the participation date, for board-owned defined benefit plans, the board

will calculate the annual amount of i) divided by ii) which will form the base funding amount for the Trust;

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 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.

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 b i).

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c. All amounts determined in this Article 4 shall be subject to a due diligence review by the OSSTF. The school authorities shall cooperate fully with the review, and provide, or direct their carriers or other agents to provide, all data requested by the OSSTF. If any amount cannot be agreed between the OSSTF and a school authority, 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, on any material matter, then this Letter of Understanding shall 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 Understanding, shall remain in full force and effect.

d. On the participation date, the board will contribute to the Trust the amount determined in s. 4.2.1 (b) plus 4% for 2015-16 and 4% for 2016-17.

e. An amount of $300 per FTE, in addition to (d) will be provided.

f. To the extent that there is an increase agreed to prior to September 1, 2016

at another bargaining table that is beyond the base funding amount for that table, the same amount per FTE will be provided to the Trust if it is in excess of the amount in (e).

g. On the participation date, for defined contribution plans, the board will

contribute to the Trust, the FTE amount indicated in the collective agreements for the fiscal year 2013-14, plus 4% for 2015-16 and 4% for 2016-17. In 2014-15, for Federation owned plans, if in aggregate, the following three triggers are met:

i) there is an in-year deficit, ii) that the deficit described in i) is not related to plan design changes, iii) that the aggregate reserves and surpluses are less than 8.3% of total

annual costs/premiums,

then the in-year deficit in i) would be paid by the board associated with the deficit.

h. With respect to (b) and (d), above, the contributions provided by the Board will include the employees’ share of the benefit cost as specified by the board’s collective agreement until such time that the employees’ share is adjusted as determined by the Trust and subject to the funding policy.

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i. The terms and conditions of any existing Employee Assistance Program shall remain the responsibility of the respective boards and not the Trust.

j. 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.

k. All Long-Term Occasional employees will be eligible for benefits under the Trust subject to the appropriate waiting period for benefits as defined under the school board collective agreements. Any co–pay arrangements that exist under school board collective agreements will continue under the Trust.

l. 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. Where benefits coverage was previously provided by the boards, payment-in-lieu will be provided.

m. Funding previously paid under (b),(d),(e) and (f) 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.

n. In the case of a dispute regarding the FTE number of members for whom the

provincial benefits package is being provided, the dispute will be resolved at the boards’ joint staffing committee.

o. As of the day that a Board commences participation in the Trust, Boards will

submit an amount equal to 1/12th of the negotiated funding amount as defined in s. 4.2.1 (b), (d), (e) and (f) to the Plan’s Administrator on or before the last day of each month.

5.0.0 SUSTAINABILITY, EFFICIENCY AND ACCOUNTABILITY 5.1.0 Shared Services

5.1.1 OSSTF agrees to adopt a shared services model that will allow other Trusts to join the shared services model. The shared services office of the Trust is responsible for the services to support the administration of benefits for the members, and to assist in the delivery of benefits on a sustainable, efficient and cost effective basis.

33

5.1.2 Shared administrative services will be provided by the Ontario Teachers Insurance Plan (“OTIP”) for a period of three years from the commencement of the first participation date and will be competitively procured within 4 years from the employee representative group’s last participation date.

5.1.3 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.

5.2.0 Board of Trustees’ Responsibilities

5.2.1 The Board of Trustees will be responsible for the operational and financial sustainability of the Trust, including:

a. Validation of the sustainability of the respective Plan Design; b. Establishing member contribution or premium requirements, and member

deductibles; c. Identifying efficiencies that can be achieved; d. Adopting an Investment Policy; and e. Adopting a Funding Policy.

5.2.2 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 future claims in conjunction with the fixed funding and term contained in the collective bargaining agreement;

b. Fund claims stabilization or other reserves; c. Improve plan design; d. Expand eligibility (subject to Section 3.1.2 through to 3.1.4); and e. Reduce member premium share.

5.2.3 Under the Funding Policy, actual and projected funding deficiencies 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; b. Increased member share premium; c. Change plan design; d. Cost containment tools; e. Reduced plan eligibility; and f. Cessation of benefits, other than life insurance benefits.

34

5.3.0 Accountability

5.3.1 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 for the Trust for a period of not less than 3 years into the future.

5.3.2 If the actuarial report projects the CFR balance to be less than 8.3% of plan expenses over a projected three year period, then a plan design change must be made to address the projected shortfall in the CFR. If the motion to adjust the plan design does not pass, the Trust will increase member share premiums to restore the balance above 8.3%.

5.3.3 Copies of the audited financial statements and actuarial evaluation report requested in section 5.3.1, will be shared with the federation, OPSBA and the Ministry of Education.

6.0.0 TRANSITION COMMITTEE

6.1.0 A transition committee comprised of the employee representatives and the employer representatives, including the Crown, will be established to address all matters that may arise in the creation of the Trust.

35


BETWEEN



AND



RE: Status Quo Central Items

Status quo central items

The parties agree that the following central issues have been addressed at the central table

and that the provisions shall remain status quo. For further clarity, if language exists, the

following items are to be retained as written in 2008/2012 local collective agreements, subject

to modifications made during local bargaining in 2013. As such the following issues shall not be

subject to local bargaining or mid-term amendment between local parties. Disputes arising in

respect of such provisions shall be subject to Section 43 of the School Boards Collective

Bargaining Act.

Issues:

1. E-Learning

2. Dual Credits

3. Equivalent Learning

4. Additional Professional Assignments / Supervision

5. Staff Meetings

6. Occasional Teacher Workload Provisions

7. Local Committee Structure for Statutory Committees

8. Contracting Out

9. Guarantees Re: Job Security

10. Guaranteed Generation

11. Access to Employment / Increase to FTE Entitlement

12. Principals/Vice Principals Return to the Bargaining Unit and Acting/Temporary

Principals/Vice Principals

13. Qualification-based allowances

14. VLAP

36


BETWEEN



AND



RE: Status Quo Central Items as Modified by this Agreement

The parties agree that the following central issues have been addressed at the central table

and that the provisions shall remain status quo. For further clarity, the following language must

be aligned with current local provisions and practices to reflect the provisions of the 2012-13

MOU. As such the following issues shall not be subject to local bargaining or mid-term

amendment by the local parties. Disputes arising in respect of such provisions shall be subject

to Section 43 of the School Boards Collective Bargaining Act, 2014.

1. PREGNANCY LEAVE BENEFITS

Common Central Provisions

a) The Employer shall provide for permanent and long-term occasional

teachers and teachers hired into a term position who access such leaves, a

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

leave shall receive salary for a period immediately following the birth of her

child, but with no deduction from sick leave or the Short Term Leave

Disability Program (STLDP). The SEB Plan pay will be the difference between

the gross amount the teacher receives from E.I. and her regular gross pay.

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

absence period as specified in this plan.

c) Teachers hired in a term position or filling a long-term assignment shall be

entitled to the benefits outlined in a) above, with the length of the SEB

benefit limited by the term of the assignment.

d) Teachers on daily casual assignments are not entitled to pregnancy leave

benefits.

37

e) The teacher must provide the Board with proof that 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.

f) Teachers not eligible for employment insurance benefits or the SEB plan will

receive 100% of salary from the employer for a total of not less than eight

(8) weeks with no deduction from sick leave or STLDP.

g) For clarity, for any part of the eight (8) weeks that falls during a period of

time that is not paid (e.g. summer, March Break, etc.), the remainder of the

eight (8) weeks of top-up shall be payable after that period of time.

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

have access to sick leave and the STDLP through the normal adjudication

process.

i) If an employee begins pregnancy leave while on an approved leave from the

employer, the above maternity benefits provisions apply.

j) The start date for the payment of the pregnancy benefits shall be the earlier

of the due date or the birth of the child.

k) Births that occur during an unpaid period (i.e. summer, March break, etc.)

shall still trigger the pregnancy benefits. In those cases the pregnancy

benefits shall commence on the first day after the unpaid period.

Local Bargaining Units will identify which of the SEB plans below apply in their circumstance.

The applicable language must be included with the Common Central language above as

paragraph l). The full article should then reside in Part B of the collective agreement;

1. A SEB plan to top up their E.I. Benefits for eight (8) weeks of 100% salary is the

minimum for all eligible teachers. The teacher who is eligible for such leave shall

receive 100% salary for a period not to exceed eight (8) weeks immediately

following the birth of her child but with no deduction from sick leave or the

Short Term Leave Disability Program (STLDP). The SEB Plan pay will be the

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

regular gross pay;

38

2. A SEB plan with existing superior entitlements;

3. A SEB or salary replacement plan noted above that is altered to include six (6)

weeks at 100%, subject to the aforementioned rules and conditions, plus

meshing with any superior entitlements to maternity benefits. For example, 17

weeks at 90% pay would be revised to provide 6 weeks at 100% pay and an

additional 11 weeks at 90%.

2. Workplace Safety Insurance Benefits (WSIB) Top Up Benefits

If the employee is in a class of employees that, on August 31, 2012, was entitled to use unused sick leave credits for the purpose of topping up benefits received under the Workplace Safety and Insurance Act, 1997;

a) The top-up amount shall be paid for a maximum of four years and six months.

b) The top-up amount shall be paid at a rate determined in accordance with the

collective agreement in effect on August 31, 2012 or, if the collective agreement did not provide for the top up, in accordance with a board policy in effect on August 31, 2012.

c) If, as a result of an accident, an employee received benefits under the

Workplace Safety and Insurance Act, 1997 in respect of the first workday in the 2012-2013 fiscal year, the employee’s entitlement to be topped up for four years and six months shall be reduced by the length of time for which the employee received benefits under that Act as a result of that accident.

d) If Teachers/Occasional Teachers were entitled to receive WSIB top-up on August

31, 2012 deducted from sick leave, the parties must incorporate those same provisions without deduction from sick leave. The top-up amount to a maximum of four (4) years and six (6) months shall be included in the 2014-17 collective agreement.

Employees who were receiving WSIB top-up on September 1, 2012 shall have the cap of four (4) years and six (6) months reduced by the length of time for which the employee received WSIB top-up prior to September 1, 2012.

39

3. Short Term Paid Leaves

The parties agree that the issue of Short Term Paid Leaves had been addressed at the Central

Table and the provisions shall remain status quo to provisions in current local collective

agreements. For clarity, any leave of absence in the 2008-12 Collective Agreement, that utilizes

deduction from sick leave, for reasons other than personal illness shall be granted without loss

of salary or deduction from sick leave, to a maximum of five (5) days per school year. Local

collective agreements that have more than (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.

Such provisions shall not be subject to local bargaining or mid-term amendments between

local parties. Notwithstanding this stipulation, local collective agreement terms will need to

align with the terms above.

4. Retirement Gratuities

The issue of Retirement Gratuities has been addressed at the Central Table and the parties

agree that formulae contained in current local collective agreements for calculating Retirement

Gratuities shall govern payment of retirement gratuities and be limited in their application to

terms outlined in Appendix A - Retirement Gratuities.

Disputes arising in respect of such provisions shall be subject to Section 43 of the School Boards

Collective Bargaining Act, 2014.

The following language shall be inserted unaltered as a preamble to Retirement Gratuity

language into every collective agreement:

“Retirement Gratuities were frozen as of August 31, 2012. A Teacher is not eligible to

receive a sick leave credit gratuity or any non-sick leave credit retirement gratuity (such

as, but not limited to, service gratuities or RRSP contributions) after August 31, 2012,

except a sick leave credit gratuity that the Teacher had accumulated and was eligible to

receive as of that day.

The following language applies only to those teachers eligible for the gratuity above:”

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PART B

LOCAL AGREEMENT BETWEEN:

The Peel District School Board hereinafter called the "Board"

and

The Ontario Secondary School Teachers' Federation hereinafter called the "Union"

September 1, 2014 to August 31, 2017

41 ARTICLE 1: PURPOSE AND SCOPE 1.01 It is the desire of both parties to specify within this Agreement and its

Appendices the entitlement of those Teachers covered by this Agreement as to salary, allowances, monetary benefits and other matters mutually agreed to, all of which constitute the entire negotiated Agreement between the parties hereto.

1.02 This Agreement shall apply to all Teachers in the Bargaining Unit.

42 ARTICLE 2: DEFINITIONS 2.01 In this Agreement, unless something in the subject matter or context is

inconsistent therewith,

a) "Agreement" means this Collective Agreement and its Appendices.

b) “Bargaining Unit” means all Teachers in the Board’s secondary teachers’ bargaining unit which does not include occasional teachers, as defined by Part X.1 of the Education Act as amended from time to time.

c) "Bargaining Unit Executive” means the officers of the Union who are

employed by the Board and elected to represent the Bargaining Unit.

d) “District” means Ontario Secondary School Teachers’ Federation, District 19, it being understood that the Bargaining Unit constitutes part of the District’s membership.

e) "occasional teacher" means an occasional teacher as defined by the

Education Act.

f) “party” shall mean the Board, or the Bargaining Unit Executive acting on behalf of the Union.

g) "probationary teacher" means a probationary teacher as defined by Article 8

of this Agreement.

h) "Teacher" means a Teacher who is employed by the Board in the Bargaining Unit.

i) "Union" means the Ontario Secondary School Teachers' Federation.

43 ARTICLE 3: AMENDMENTS 3.01 Amendments to Part B of this Agreement shall be made only by mutual

agreement in writing of the Board and the Bargaining Unit Executive, after ratification by the Bargaining Unit and the Board.

3.02 Part B of this Agreement shall supersede all previous local agreements. Except

for error, inadvertence, or omissions, it shall form the basis of computing all salaries and determining other conditions defined herein.

44 ARTICLE 4: RECOGNITION 4.01 The Board recognizes the Union as the sole collective bargaining agent for all

Teachers in the Bargaining Unit. 4.02 The Board recognizes the Bargaining Unit’s Negotiating Committee, as the

official Committee representing the Bargaining Unit and negotiating on its behalf, and agrees to meet with up to five (5) members of the Negotiating Committee for the purpose of negotiating a renewal of this Agreement.

4.03 The Board recognizes the right of the Union to authorize its representatives or

any other agent(s) to assist the Bargaining Unit’s Negotiating Committee. 4.04 The Union recognizes the Board’s Negotiations Committee as the authorized

representative of the Board, and agrees to meet with up to seven (7) members of that Committee for the purpose of negotiating a renewal of this Agreement.

4.05 The Union recognizes the right of the Board to authorize any other agent(s) to

assist the Board’s Negotiations Committee. 4.06 Federation Officers a) The Board agrees to permit the equivalent of up to eight (8) Teachers

appointed by the Bargaining Unit to be exempted from teaching duties for each year of this Agreement. The requests for assignment under this clause 4.06 a) will be made by May 15 preceding the school year during which the assignment is in effect. In the event such request cannot be made by May 15, the Bargaining Unit will provide names to the Board as soon as possible after such appointment. Each such assignment shall be for two (2) full academic years. Costs for the assignment will be assumed by the Bargaining Unit, based on the following:

1) For the President, Chief Negotiator, two (2) Vice-Presidents and

Benefits Information Officer, it shall pay the cost of the salary and benefits of the replacement Teacher, based on the salary for Category 3, Step 0, and the Board shall pay the cost of the Teachers on assignment as such Federation Officers.

2) For the other Teachers appointed under this clause, it shall pay the

actual cost of salary and benefits of the Teachers, and the Board shall pay for their replacements.

45 4.06 b) The Board agrees to permit paid short-term leave for up to seven (7)

Teachers for purposes of attending negotiations meetings (including Conciliation and Mediation) with the Board and for this purpose the Federation agrees to compensate the Board at the current qualified supply Teacher rate.

c) The Board agrees to permit paid short-term leave for Bargaining Unit

representatives to attend to Federation business at the request of the Bargaining Unit Executive, provided that such leave shall not interfere unduly with the Teacher’s or the school’s instructional programs. One designated Bargaining Unit representative in each school may receive up to two (2) days of paid short-term leave each school year. The Bargaining Unit shall compensate the Board for such leaves at the current qualified supply teacher rate.

4.07 When a Teacher is elected to a position with OSSTF provincial office, the

Teacher will be granted a leave of absence, provided the Teacher notifies the Board of the need for the leave, no later than March 31st, for the following school year. The Board shall continue to pay the salary and benefits of the Teacher on leave and OSSTF agrees to reimburse the Board for the cost of such salary and benefits. A Teacher returning from leave shall return to the same or comparable position occupied prior to taking the leave, if one still exists.

4.08 a) If the Board requires a Teacher to meet with his/her supervisor in order to

receive a letter regarding attendance issues, formal reprimand, suspension, or discharge, the supervisor will inform the Teacher that he/she has the right to have an OSSTF representative present prior to the meeting.

b) If the Board requires a Teacher to meet with his/her supervisor in order to

receive a letter regarding attendance issues, the President of the Bargaining Unit will be notified prior to the meeting.

4.09 Where a classroom teacher is requested to serve as a member on a joint

employer/employee committee by a member of the Directors’ office or the Director or Assistant Director of Human Resources, the Board shall grant paid release time if the meeting is held during work hours.

46 ARTICLE 5: UNION DUES AND ASSESSMENTS 5.01 Teachers Bargaining Unit Levy The Bargaining Unit Executive shall notify the Board no later than June 30 th of

the total amount to be deducted for the Teachers Bargaining Unit Levy in accordance with its constitution and by-laws. The amount will be deducted from the Teacher’s pay during the school year at intervals to be agreed upon between the Union and the Board. The Board will forward the sum of the deduction to the District within one month of the deduction being made.

5.02 Union Dues During the term of this Agreement, the Board agrees to deduct, from each pay of

each Teacher, the regular Union dues currently in effect according to the constitution and by-laws of the Union. The Union shall notify the Board in writing, no later than November 30 for the following January and no later than June 30 for the following September, of any changes to the amount of dues currently in effect according to its constitution and by-laws. The amount deducted shall be remitted to the Treasurer of the Union, 60 Mobile Drive, Toronto, Ontario M4A 2P3 no later than the fifteenth day following the month in which the deductions are made.

5.03 The Union hereby indemnifies and saves the Board harmless with respect to all

claims, suits, attachments and any form of liability as a result of the deduction and remittance of the Teachers Bargaining Unit Levy and Union Dues pursuant to article 5.01 and article 5.02.

47 ARTICLE 6: NO STRIKES OR LOCKOUTS 6.01 a) There shall be no strike or lockout during the term of this Collective

Agreement. The terms “strike” and “lockout” shall be as defined in the Ontario Labour Relations Act.

b) No Teacher shall be expected to perform duties carried out by non-teacher

employees of the Board should such employees be involved in strike action against the Board.

48 ARTICLE 7: GRIEVANCE PROCEDURE 7.01 Definitions The following definitions shall apply in this Article: a) A "grievance" shall be defined as any matter arising from the interpretation,

application, administration, or alleged violation of this Agreement including any question as to whether a matter is arbitrable.

b) A "party" shall be defined as: 1) the Bargaining Unit Executive; or 2) the Board. c) In this Article, "days" shall mean instructional days unless otherwise

indicated. d) A "supervisor" shall mean Principal or appropriate Superintendent,

whichever is the immediate supervisor of the complainant. 7.02 Informal Stage If a Teacher is unable to resolve a complaint informally, the Teacher may with

the concurrence of the Bargaining Unit Executive initiate a complaint with his/her supervisor who shall answer the complaint in writing (if requested) within ten (10) days of receipt of the complaint. The problem must be brought to the attention of the supervisor within fifteen (15) days after the Teacher becomes aware, or would reasonably be expected to have become aware, of the circumstances giving rise to the complaint.

7.03 Formal Stage a) If the Teacher is not satisfied with the decision regarding the complaint then

the Bargaining Unit Executive may within ten (10) days take the matter up as a grievance in the following manner and sequence:

49 7.03 b) Step 1 The Bargaining Unit Executive may initiate a written grievance with the

Superintendent of Education through the Director of Human Resources Support Services. The Superintendent of Education may convene a meeting with the grieving Teacher and a representative of the Bargaining Unit Executive and such others as the Superintendent of Education requires within ten (10) days of receipt of the grievance. The decision, in writing, to the Bargaining Unit Executive shall be rendered within ten (10) days following the meeting.

The grievance shall contain: 1) a description of how the alleged dispute is in violation of the

Agreement; 2) a statement of the facts to support such grievance, including the

specific Article(s) violated; 3) the remedy sought; and 4) the signature of the President of the Bargaining Unit or designate. Notwithstanding the above and where the Teachers and Board agree that it

is appropriate, a grievance may proceed directly to Step 2, Step 3, or Step 4.

c) Step 2 If the reply of the Superintendent of Education is unacceptable to the

Bargaining Unit Executive, a written request will be made within ten (10) days to the Director of Human Resources Support Services or designate. The Director of Human Resources Support Services, or designate, shall convene a meeting with a representative of the Bargaining Unit Executive. The decision, in writing, shall be rendered to the Bargaining Unit Executive within ten (10) days of the meeting.

50 7.03 d) Step 3

If the reply of the Director of Human Resources Support Services, or designate, is not acceptable to the Bargaining Unit Executive, a written request will be made within ten (10) days to the Board's Grievance Committee through the Director of Human Resources Support Services. The Board's Grievance Committee may convene a meeting within twelve (12) days to deal with the grievance. If a meeting is held, the decision, in writing, to the Bargaining Unit Executive shall be rendered within ten (10) days following the meeting. The Grievor may attend the Step 3 grievance meeting. In the absence of a meeting, the Grievance Committee will render its decision, in writing, within twenty (20) days of receipt of the grievance.

e) Step 4 If the reply of the Board's Grievance Committee is unacceptable, the

Bargaining Unit Executive may then apply for Arbitration within ten (10) days of the receipt of the reply.

7.04 a) A complaint or grievance arising directly between the Board and the Union

or the Bargaining Unit Executive must be initiated by either the Board or the Bargaining Unit Executive commencing with Step 2 within ten (10) days of the occurrence complained of.

b) A complaint or grievance arising directly between the Board and the

Bargaining Unit Executive on behalf of a retired or deceased member must be initiated by either the Board or the Bargaining Unit Executive commencing with Step 2.

7.05 Grievance Mediation At any stage in the grievance procedure, the parties by mutual consent in writing

may select to resolve the grievance by using grievance mediation. The parties shall agree on the individual to be the mediator and the time frame in which a resolution is to be reached.

51 7.06 Arbitration a) The party desiring arbitration shall notify the other party in writing of its

desire to submit the difference or allegation to arbitration. The grievance shall be submitted to a mutually agreed upon single arbitrator. Should the parties fail to agree upon an arbitrator within five (5) days of receipt of the written notification of desire to move to arbitration, the appointment shall be made by the Minister of Labour upon the request of either party.

b) Upon written request of either party, the grievance shall be submitted to a

Board of Arbitration. The written request shall contain the name of the first party's appointee to an Arbitration Board. The recipient of the notice shall, within five (5) days, inform the other party of the name of its appointee to the Arbitration Board. Where two 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. 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 request of either party.

c) The single Arbitrator or the Arbitration Board, as the case may be, shall

hear pertinent representation by the parties and/or representatives and determine the difference or allegation and shall issue a decision. The decision shall be final and binding upon the parties and upon any employee or employer affected by it. The decision of a majority is the decision of the Arbitration Board but, if there is no majority, the decision of the Chair governs.

d) The Arbitrator or Arbitration Board, as the case may be, shall not, by his or

her or its decision, add to, delete from, modify or otherwise amend the provisions of the Agreement.

7.07 Time restrictions may be extended if mutually agreed in writing. Where the time

restrictions or any agreed extensions have expired: a) the Bargaining Unit Executive may proceed to the next step of the

procedure if the appropriate Board official exceeds the time allowed to act; b) the Board may consider the grievance abandoned if the Teacher,

Bargaining Unit Executive or Union, as the case may be, exceeds the time allowed to act.

52 7.08 It is anticipated that the single Arbitrator or Board of Arbitration will make every

effort to render its written decision thirty (30) days from the date of the completion of the hearing of the grievance.

7.09 The single Arbitrator or Board of Arbitration shall have the power to modify

penalties, including discharge and disciplinary penalties, and take whatever action, or make whatever decision, it considers just and equitable in the circumstances.

7.10 The decision of an Arbitrator or the Arbitration Board is final and binding and

shall be implemented by the appropriate authorities. Where a party fails to comply with any of the terms of a decision of an Arbitrator or Board of Arbitration, any party affected by the decision may file in the office of the Registrar of the Supreme Court a copy of the decision of the Arbitrator or Board of Arbitration, exclusive of the reasons therefor and certified by the Arbitrator or the Chair of the Board of Arbitration to be a true copy of the decision, whereupon the decision shall be entered in the same way as a judgement or order of that court and is enforceable as such.

7.11 There shall be no reprisals of any kind taken against any person because of

participation in the grievance or complaint or arbitration procedure under this Agreement.

7.12 Should the investigation or processing of a grievance require that an involved

Teacher be released from regular duties, the Teacher shall be released without loss of salary or benefits.

7.13 Cost of Arbitration The fees for a single Arbitrator, or a Chair of a Board of Arbitration, shall be

shared equally by the parties and such expenditures and fees shall be paid within sixty (60) days after the date of the decision of the Arbitrator.

53 ARTICLE 8: PROBATIONARY TEACHERS 8.01 Newly hired Teachers shall serve a probationary period of 194 school days. If

the Teacher receives one or more performance appraisals which are other than "satisfactory" during the first 194 school days, the probationary period may be extended by the Board for a further 194 school days or until such time as a newly hired Teacher to an Ontario publicly funded board receives two (2) satisfactory performance appraisals or, a newly hired experienced Teacher, from an Ontario publicly funded board, receives one (1) satisfactory performance appraisal. The probationary period may also be extended by mutual agreement of the Board and the Bargaining Unit Executive and the Teacher, pursuant to such terms and conditions as they may consider reasonable in the circumstances.

8.02 Both during and after the probationary period a Teacher must maintain

membership in good standing in the Ontario College of Teachers in accordance with the College of Teachers' Act.

54 ARTICLE 9: MANAGEMENT RIGHTS 9.01 Save and except to the extent modified or curtailed by any provisions of this

Agreement, the right to manage and conduct the business of the Board is vested exclusively and without limitation with the Board and its administration.

9.02 Without limiting the generality of the foregoing, subject only to the specific

provisions of this Agreement and the right of any Teacher to lodge a grievance under the grievance procedures herein provided for, the Teachers and the Union recognize and accept that it is the right of the Board to:

a) hire, transfer, promote, demote, classify, direct, assign or layoff; b) suspend with or without pay, discharge or otherwise discipline Teachers,

subject to 9.04; c) plan and direct the nature and quality of teaching programs, the number of

Teachers to be employed, the number of students to be allocated to a program, the subjects to be taught, the designation of positions of responsibility, the hours and days of teaching and instruction, and such other duties and responsibilities of the Board as are outlined in the statutes and regulations pertaining to education and labour in the Province of Ontario; and

d) to make, enforce, and alter from time to time, rules, regulations and policies

governing Teachers in their employment. 9.03 The Board agrees that it will not exercise its rights in a manner inconsistent with

the provisions of this Agreement or governing statutes, and the express provisions of this Agreement and any governing statutes constitute the only limitations upon the Board’s rights.

55 9.04 a) No Teacher shall be discharged, demoted, disciplined or suspended without

just cause. b) The parties agree that 9.04 a) above does not apply to: 1) assignment and transfer of Teachers; and 2) performance appraisal reports unless resulting in dismissal. c) It is recognized that a lesser standard of just cause (basic procedural

fairness) applies to the discharge of probationary Teachers. d) Upon written request of the teacher to the Director of Human Resources,

documents contained in the teacher’s personnel file which are disciplinary in nature and all supporting documents shall be removed from the file two (2) years after their date of issue, unless further similar disciplinary action has occurred in that period.

Notwithstanding the foregoing, disciplinary materials regarding suspensions,

harassment or violence, or any discipline related to physical, emotional or psychological harm to students or other employees of the Board will remain in a teacher’s file.

1) The Human Resources Department shall maintain the only official

Board personnel file for each Teacher in a secure location and confidential manner.

2) A Teacher shall have access to the Teacher’s own file. They shall be available and open to the Teacher for inspection in the presence of a Board Human Resources Department Officer at a mutually agreeable time during the regular working hours of the Human Resources Department.

9.05 The Board agrees that any proposed changes in policy of the Board which will

directly affect Teachers shall be communicated to the President of the Bargaining Unit by the applicable member of the Senior Administration, or designate. After such communication, if the Bargaining Unit Executive wishes to enter into discussion of the subject, the Board would be willing to consider the input achieved as a result of such discussion before a final decision is made by the Board. The final decision of the Board will be communicated to the President of the Bargaining Unit, or designate.

56 9.06 The Bargaining Unit Executive shall appoint one of its members as a delegate to

the Instructional Programs/Curriculum Committee of the Board. Such a delegate shall have the right to:

a) receive all material published for general distribution which will be made

available to the Instructional Programs/Curriculum Committee; b) make comment about matters relevant to the Teachers; and c) ask questions which might arise from briefs, reports and delegations

coming before the Instructional Programs/Curriculum Committee. 9.07 Secondary Teachers who are appointed as Consultants, Co-ordinators or to

other positions with Board-wide responsibilities, shall remain members of the bargaining unit.

57 ARTICLE 10: PREGNANCY/PARENTAL LEAVE 10.01 Pregnancy and Parental Leaves of Absence shall be granted to a Teacher who

has completed thirteen (13) weeks of continuous service and shall be governed by the terms of the Employment Standards Act as amended.

10.02 Pursuant to the terms of the Act, a Teacher should notify the Principal of the

pregnancy, or the intention to take Parental Leave, as soon as possible but at least two (2) weeks preceding the estimated date of the commencement of the leave.

10.03 The Pregnancy and Parental Leave under Article 10.01 may be extended as a

Leave of Absence without pay to a maximum cumulative total of three (3) years by mutual agreement of the Teacher and the Board. The first extension will only be approved so as to terminate at the end of a semester, or in a non-semestered school at the end of a term or natural break in the school year (i.e. Christmas or after March Break), or at another time at the discretion of the Director of Human Resources Support Services. Any additional extensions will only be approved for a full academic year, or a full semester in a semestered school, or the end of a term in a non-semestered school.

10.04 A Teacher on Pregnancy Leave or Parental Leave is considered to be employed

by the Board and may not accept employment with another Board, except for short-term occasional assignments, night school or summer school courses either during the leave or at its conclusion, unless the Board has accepted the Teacher's resignation.

10.05 Parental Leave of up to thirty-five (35) weeks for a Teacher who takes a

Pregnancy leave or up to thirty-seven (37) weeks for other Teachers shall be available to a Teacher in accordance with the terms of the Employment Standards Act, and subject to the following:

a) biological mothers - immediately following Pregnancy Leave.

58 10.05 b) other parents as defined by the Employment Standards Act - within fifty-two

(52) weeks of the child being born, or in the case of adoption, coming into care.

For planned Parental Leaves, Teachers should notify the Principal and arrange a

suitable date for the commencement of the Leave as far in advance as possible, but shall do so not less than two (2) weeks prior to the day on which the Leave will commence. For Parental Leave for adoption purposes, Teachers should notify the Principal of intent to adopt at least three (3) months prior to the adoption, on the understanding that it may be necessary to commence the Leave immediately the child becomes available.

10.06 a) The Board shall pay its normal premium contributions for any plan under

Article 25 in which a Teacher who is on Pregnancy Leave or Parental Leave participates, for the period of leave required by the Employment Standards Act, but not during the period of any further extension of leave granted pursuant to Article 10.03. Such benefits shall be subject to the rights of the insurer.

b) A Teacher granted a Pregnancy Leave or Parental Leave pursuant to this

Article shall be compensated by the Board under an Employment Insurance Commission of Canada ("E.I.C.") approved supplementary benefit plan provided that the Teacher:

1) is eligible for Pregnancy or Parental Leave benefits under Employment

Insurance ("E.I.") laws and regulations; and 2) makes a claim to the Board on a form to be provided indicating the

weekly amount payable by E.I. The plan will pay:

A) The Employer shall provide for permanent and long-term occasional teachers and teachers hired into a term position who access such leaves, a SEB plan to top up their E.I. Benefits. The teacher who is eligible for such leave shall receive salary for a period immediately following the birth of her child, but with no deduction from sick leave or the Short Term Leave Disability Program (STLDP). The SEB Plan pay will be the difference between the gross amount the teacher receives from E.I. and her regular gross pay.

B) SEB payments are available only to supplement E.I. benefits during the absence period as specified in this plan.

59

C) Teachers hired in a term position or filling a long-term assignment shall be entitled to the benefits outlined in A) above, with the length of the SEB benefit limited by the term of the assignment.

D) Teachers on daily casual assignments are not entitled to pregnancy leave benefits.

E) The teacher must provide the Board with proof that 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.

F) Teachers not eligible for employment insurance benefits or the

SEB plan will receive 100% of salary from the employer for a total of not less than eight (8) weeks with no deduction from sick leave or STLDP.

G) For clarity, for any part of the eight (8) weeks that falls during a

period of time that is not paid (e.g. summer, March Break, etc.), the remainder of the eight (8) weeks of top-up shall be payable after that period of time.

H) Teachers who require a longer than eight (8) week recuperation

period shall have access to sick leave and the STDLP through the normal adjudication process.

I) If an employee begins pregnancy leave while on an approved leave

from the employer, the above maternity benefits provisions apply.

J) The start date for the payment of the pregnancy benefits shall be the earlier of the due date or the birth of the child.

K) Births that occur during an unpaid period (i.e. summer, March

break, etc.) shall still trigger the pregnancy benefits. In those cases the pregnancy benefits shall commence on the first day after the unpaid period.

L) A SEB plan to top up their E.I. Benefits for eight (8) weeks of

100% salary is the minimum for all eligible teachers. The teacher who is eligible for such leave shall receive 100% salary for a period not to exceed eight (8) weeks immediately following the birth of her child but with no deduction from sick leave or the Short Term Leave Disability Program (STLDP). The SEB Plan pay will be the difference between the gross amount the teacher receives from E.I. and their regular gross pay;

60 10.06 c) Except as provided for in paragraphs a) and b), Teachers on Pregnancy

Leave or Parental Leave shall not be paid a salary or employee benefits during the period of Leave.

10.07 Following the Teacher's return to duty, the Teacher shall be guaranteed the

same position at the same school, where possible, or failing that, an equivalent position to that which was held at the commencement of the Leave, or any other employment mutually agreed to by the Teacher and the Board, subject to Article 16.

10.08 When the Teacher reports for work upon the expiration of the Leave, the Board

shall permit the Teacher to resume work with no loss of seniority or benefits accrued to the commencement of the Pregnancy and/or Parental Leave.

61 ARTICLE 11: SPECIAL LEAVE OF ABSENCE 11.01 Special leave may be granted in accordance with Board policy. 11.02 Application for special leaves of absence shall be presented to the Board

accompanied by a recommendation of the appropriate supervisory officer. The Board shall notify the applicant of its decision.

11.03 Teachers on special leave of absence shall not be paid a salary or employee

benefits during the period of the leave, but they may retain their membership in any plan under Article 25, by paying full premiums (subject to the rights of the insurer).

11.04 A Teacher on special leave of absence is considered to be employed by the

Board and may not accept employment with another Board either during the leave or on its conclusion unless the Board has accepted the Teacher's resignation.

11.05 A Teacher taking special leave of absence shall be expected to notify the Board

prior to February 1st whether or not he/she intends to return to his/her position with the Board in the following September.

11.06 Following the Teacher's return to duty, the Teacher shall be guaranteed the

same position at the same school, where possible, or failing that, an equivalent position to that which was held at the commencement of the leave, or any other position mutually consented to by the Teacher and the Board, subject to Article 16.

11.07 Leaves granted under Article 11 are subject to the approval of the Director of

Human Resources Support Services in consultation with the Teacher’s Principal and Superintendent of Education.

62 ARTICLE 12: TEACHER FUNDED LEAVES 12.01 Participation in one of the plans shall normally be granted to any Teacher who

has at least three (3) years seniority with the Board. The duration of the Leave shall be for one semester (in a semestered school only), one year or two years.

12.02 Any Teacher wishing to participate in one of the plans must make written

application to the Director of Human Resources Support Services on or before January 31st requesting permission to participate in a plan. Such requests shall be forwarded to a Teacher Funded Leave Committee, consisting of three (3) Teacher appointees and three (3) Board appointees.

12.03 Selection of Teachers for one of the plans shall be made by the Teacher Funded

Leave Committee, subject to final approval by the Board, no later than the first Board meeting in March.

12.04 No more than one hundred and fifty (150) Teachers shall be absent from

teaching duties in accordance with these plans in any one year. 12.05 The Teacher shall be notified by the Board of the Board's decision by April 1st in

the school year the original request was made as to the disposition of the Teacher's request.

12.06 Following the Teacher's return to duty the Teacher shall be guaranteed the same

position at the same school, where possible, or failing that, an equivalent position to that which was held at the commencement of the leave, or any other position mutually consented to by the Teacher and the Board, subject to Article 16 of this Agreement.

12.07 A Teacher on a Teacher Funded Leave shall continue to accrue full seniority. 12.08 While a Teacher is enrolled in one of the plans, and not on leave, any benefits

tied to salary level shall be structured according to the salary the Teacher would have received had they not been in one of the plans.

63 12.09 All applications must be submitted on the proper form and must clearly state: a) the date the leave is to commence b) the number of teaching years prior to taking leave c) the length of the leave 12.10 All Teachers wishing to participate in one of the plans shall be required to sign a

Memorandum of Agreement contained in Appendix A before final approval for participation will be granted.

12.11 A Teacher, upon written notice to the Teacher Funded Leave Committee, may

withdraw from a plan anytime up to January 15th in the school year prior to the school year in which the leave of absence commences. Notwithstanding the notice requirement above, in circumstances where taking the leave would cause personal hardship to a Teacher the Teacher may withdraw from the plan after January 15 with the approval of the Director of Human Resources Support Services. In such cases the Teacher shall be placed in the most suitable, available vacancy. The Teacher will be considered to be on an alternate term assignment and will be included in the School Staff of the Teacher's regular school for the ensuing school year in accordance with Article 16. Upon withdrawal from a plan, the full amount of salary withheld along with any accrued interest, shall be repaid to the Teacher within sixty days of notification of desire to leave a plan or otherwise if the Teacher and the Board so mutually decide. A $25.00 administration charge shall be levied for Teachers who withdraw from a plan once deductions have commenced.

64 12.12 If a Teacher leaves the employ of the Board prior to taking the leave, the

Teacher shall be paid the full amount of salary withheld, along with any accrued interest, as in 12.11 above. If the Teacher dies before taking the leave, the full amount of salary withheld along with any accrued interest shall be paid to the Teacher's estate or designated beneficiary.

12.13 The Board and the Bargaining Unit assume no responsibility for any

consequences arising out of the implementation of these plans related to the effect on a Teacher's pension benefits or income tax implications.

12.14 Holdback Salary Leave Plan a) Deductions are to be made as a percentage of the Total Salary of the

Teacher for each pay period prior to the leave. b) The Board shall make an additional deduction of the minimum amount

required to permit contributions to the Ontario Teachers’ Pension Plan for the year of leave.

c) The salary held back by the Board shall be placed in a Trust Account in the

Ontario Educational Credit Union Limited in the Teacher's name. d) At the commencement of the leave the Board shall authorize the Credit

Union to release the Trust Account to the Teacher. e) The Board shall pay a salary equal to the amount deducted in 12.14 a) to

each Teacher on this leave plan on the first salary payment date for the period of the leave.

f) A Teacher's employee benefits will be maintained by the Board during the

leave of absence; however, the premium costs of all employee benefits, during the year of the leave, shall be paid by the Teacher.

65 12.15 Deferred Salary Leave Plan a) In each year of the plan, preceding the period of leave, a Teacher will be

paid a reduced percentage of their Total Salary. The remaining percentage of the annual salary will be deferred and this accumulated amount plus any interest earned shall be retained by the Board to be paid to the Teacher in the period of the leave.

b) The calculation of interest under the terms of this plan shall be done

monthly (not in advance). The interest paid shall be calculated by averaging the interest rates in effect on the last day of each month for a True Savings Account, one (1) Year Term Deposit, a three (3) Year Term Deposit and a five (5) Year Term Deposit. The rates for each of the accounts identified will be those quoted by the financial institution with which the Board deals.

c) In the period of the leave the Board shall pay to the Teacher the total

money deferred plus all accrued interest in accordance with Article 24.12. d) During the year of the leave, interest shall be paid as follows: 1) A one-time calculation will be made on August 15 so that the interest

recognition for the year will be applied prior to September's first pay. 2) The interest rate to be used will be calculated the same as in the

deferred years as in b) above. 3) These rates will be applied to the average amount on deposit for the

period of the leave and added to the accumulated balance at the end of August.

e) The Board shall deduct from this amount any monies required for Income

Tax, Employment Insurance, Canada Pension Plan. f) A Teacher's employee benefits will be maintained by the Board during the

leave of absence; however, the premium costs of the benefits shall be paid by the Teacher.

66 ARTICLE 13: PERSONAL LEAVES OF ABSENCE 13.01 Leaves without loss of income or deductions from Sick Leave Credits: Death - spouse, father, stepfather, mother, stepmother, child, stepchild, brother, sister, mother or father-in-law, total dependant, ward (legal guardian) 3 days

Death - son or daughter-in-law, brother or sister-in-law, grandparents, grandchild 2 days

Serious illness of the above 1 day

Compassionate Leave with the approval of appropriate official 5 days

Funeral of relative not mentioned above, or close friend 1 day

Parent at birth of child 2 days

Time of adoption of child 2 days (granted to a spouse/partner not taking a parental leave)

Examinations - up to 1 day per examination depending on time and place 1 day

Graduations - self, spouse, child, parent (beyond secondary) 1 day

Holy Days 3 days

Canadian Citizenship Ceremony – self 1 day

Military Service 2 wks paid Unlimited unpaid (Application must be accompanied by letter from a Commanding Officer confirming the employee will be on military duty and stating the expected start and end date of the military duty. Only available during time of war or state of emergency.)

Court Appearance - Jury Duty, Section 231, Sub-section 5, Education Act

Quarantine - Period required by Medical Officer of Health At the discretion of the Director of Human Resources Support Services, other

and/or additional personal leaves may be granted.

67 OTHER LEAVES OF ABSENCE 13.02 Personal Leaves of Absence With Loss of Pay a) Leave requested by the Teacher for personal reasons 2 days This Leave will not be used to extend maximum vacations. b) Leave of Absence Without Pay for one full academic year, or one full

semester in a semestered school, for personal reasons (reasons to be stated), may be granted to teaching personnel at the discretion of the Director of Human Resources Support Services provided that the leave does not interfere with the reasonable operation of the school and is not detrimental to students.

Applications must be received not later than January 31st of the school year

prior to the leave year, unless the Director of Human Resources consents in writing to an extension.

c) At the discretion of the Director of Human Resources Support Services,

other and/or additional personal leaves of absence with accompanying loss of salary may be granted.

13.03 Family Responsibility In accordance with Board policy and procedures, the Principal or Supervisor may

approve up to five (5) days (pro-rated for part-time Teachers) per year (September 1st – August 31st) for a Teacher to attend to urgent family responsibilities.

Urgent family responsibilities are events which:

are unplanned or out of the Teacher's control; and,

involve the possibility of serious negative consequences, including physical or emotional harm, if it is not attended to; and;

cannot reasonably be attended to outside of normal working hours.

68 ARTICLE 14: JOINT STAFFING COMMITTEE (J.S.C) 14.01 a) The Joint Staffing Committee (J.S.C.) will operate on a school year basis

and the parties shall appoint their representatives for the next school year by May 30 each year.

b) The J.S.C. shall have equal representation from the Board and the

Bargaining Unit as follows:

the President of the Bargaining Unit or designate;

the Chief Negotiator of the Bargaining Unit or designate;

the Staffing Officer of the Bargaining Unit or designate;

one additional representative appointed by the Bargaining Unit;

the Director of Human Resources Support Services or designate;

a Superintendent of Education or designate;

the Board's Staffing Officer or designate; and

one additional representative appointed by the Board. c) One of the Bargaining Unit's members on the J.S.C. shall be released from

teaching duties in order to attend meetings and do the work of the J.S.C. This Teacher will act as Chair of the J.S.C. The Teacher time allotment for the member shall neither be assessed against the school of the member nor against the total staff allocation of the Region.

d) The J.S.C. shall have regularly scheduled meetings and other meetings by

mutual agreement of the parties.

e) Following consideration of the programs and services required to maximize the learning opportunities for all students and support student success initiatives, the J.S.C. shall annually provide a staffing formula to the Board for approval, within two weeks of receiving enrolment projections for the following September from the Planning and Accommodation Support Services Department. This formula will be made available to the Bargaining Unit Executive before Board ratification. Such formula shall provide for an allocation for Guidance Counsellors and Teacher Librarians.

f) The J.S.C. shall monitor the application of surplus and redundancy

procedures and ensure that procedures are properly followed.

69

14.01 g) The J.S.C. shall publish and distribute its calculations to all Staff Assignment Advisory Committees (S.A.A.C.). Upon the request of a S.A.A.C., one or more representatives of the Joint Staffing Committee shall meet with the S.A.A.C. to answer questions and review that school's staff allocation.

h) The J.S.C. shall monitor and report the individual workload of all Teachers

including class sizes and the number and pattern of supervision assigned in each school and conduct appropriate surveys from time to time for these purposes.

i) Days for collection of data shall be as determined by the J.S.C. The

S.A.A.C. will collect and review the data and forward it to the Bargaining Unit representatives of the J.S.C. within the timelines as established by the J.S.C. This data will be made available to Principals, and where possible will be checked against the Principals' report to the Ministry of Education and Training.

j) Any information (such as projected enrollments, monthly attendance and

drop-out figures on a school-by-school basis) required by the J.S.C. shall be provided by the Administration. The J.S.C. will receive the complete support of the Administration in gathering and verifying any and all data needed.

k) The J.S.C. may visit schools or groups as it may be required or requested

by the Administration, Principal or Branch President, in order to acquire any further needed information or to discuss the school program with the Staff, individually or collectively, on a consultative basis.

l) The J.S.C. shall act as a resource on staffing issues to both the Bargaining

Unit Executive and to the Peel District School Board. The J.S.C. shall issue reports for the Board, Bargaining Unit Executive, and at such times as are deemed appropriate, for other staff groups. The J.S.C. may present a joint report or if agreement is not present, a split report. Any reports issued by the J.S.C. will be issued to both the Bargaining Unit and the Board.

m) The Superintendent responsible for Staffing, upon the recommendation of

the J.S.C. shall authorize the allocation of formula and pool Teachers.

n) The J.S.C. shall work in concert with the Planning and Accommodation Support Services Department for long-range planning.

70 14.01 o) The J.S.C. shall regularly review its Class Size Limits. Annual adjustments

to its Class Size Limits and other parameters shall be determined by the J.S.C. prior to the allocation of staff. In the event agreement on adjustments is not reached by the J.S.C., the existing Class Size Limits shall remain in place.

p) i) Effective commencing September 1, 2011, the employer and District 19, OSSTF agree that the following class size limits are desirable to promote a positive learning environment.

Category Category (fifth character designation) Limit 2011/12 Code Cat "U" Grade 10 Academic (D) Grades 11 to 12 University (U) 31

Cat "M" Grades 11 to 12 University/College (M) 30 Cat "C" College (C) 26

Cat "O" Grades 9 to 12 Open (O) 28

Cat "D" Grade 9 Academic (D) 29

Cat "L" Limited Facility 21

Cat "P" Grades 9 and 10 Applied (P) 22

Cat "E" All Basic and Essential (B, 4, 3) and Workplace (E) 17 All Locally Designed Compulsory Credit Courses (L)

Cat "S" All Vocational Level 1 15 Credit Recovery 17 Co-operative Education 25

ii) A section of ILC shall have a limit equivalent to that of an Open (O) level section.

In addition to the Class Size Limits identified, a school may exceed the Class Size Limits above by two (2) students in up to three (3) sections per semester, excluding "P"- Grade 9 and 10 Applied and "L" - Limited Facility.

71 It is understood and agreed that the protocol regarding Class Size Limits shall be reviewed and revised as necessary each year in accordance with Article 14.01 o). The Joint Staffing Committee shall make other revisions to its protocol on Class Size Limits as necessary in order to reflect the new collective agreement. 14.01 q) Teachers shall be allocated having regard for the Class Size Limits in

14.01 p) i). r) The Class Size Limits shall be achieved in semestered schools by October

15th (for semester 1) and by the Friday before March Break (for semester 2) and in non-semestered schools by October 15th.

s) Effective September 1, 2009, no Teacher shall be assigned, in any school

year, more than one (1) class exceeding the Class Size Limit. t) For any multi-level class, maximum class size shall be determined by the

lowest Class Size Limit. u) Classroom teaching staff will be assigned to each school in order to ensure

that the average class size, in the aggregate, across all secondary schools operated by the Board shall meet the legislative requirements.

72 ARTICLE 15: STAFF ALLOCATION 15.01 Staff Assignment Advisory Committee

a) Each Branch of the Bargaining Unit shall elect a Staff Assignment Advisory Committee. The Staff Assignment Advisory Committee shall be an advisory body to the Principal in determining staff assignments within the school. It is recognized that the Principal has the final responsibility and the duty under the Education Act. The Committee shall consist of the Principal or his/her designate, the Vice-Principal responsible for timetabling, the Branch President or designate and a second representative from the Branch Executive. The Committee shall be assisted by such other personnel as it may determine are appropriate.

b) The Principal shall provide the Staff Assignment Advisory Committee with a

statement of the number of Teachers currently on staff and their qualifications, the number of Teachers allocated to the school and the Option Tally at least two weeks before staff are to be declared Excess to School by the Principal in accordance with Article 16. The Committee shall maintain the confidentiality of individual qualifications.

c) The Principal and the Staff Assignment Advisory Committee shall together

review and evaluate the Option Tally and the number of Teachers allocated and the Principal shall attempt to determine staff assignments in accordance with the advice of the Staff Assignment Advisory Committee within the school, observing the class size guidelines of the Joint Staffing Committee and the procedures in Article 16. If the Principal and the Staff Assignment Advisory Committee disagree both shall together consult with the Joint Staffing Committee. In the event that consultation with the Joint Staffing Committee does not resolve the disagreement the matter will be referred to the Director of Education or designate for resolution.

73 15.01 d) During the staffing exercise in Article 15.01 c), the Staff Assignment

Advisory Committee shall review the individual class sizes assigned to Teachers for the next school year. It shall refer to the J.S.C. any cases where 14.01 is not being complied with. The J.S.C. shall examine the school’s timetable and make recommendations in order to meet the Class Size Limits or determine necessary exceptions. The review of individual class sizes for each Teacher and alternative assignments shall again be conducted effective September 30 and, in semestered schools, again effective February 28 each year, for the purpose of identifying concerns in order that the Class Size Limits are complied with in accordance with Article 14.01.

e) As part of its advisory process, the S.A.A.C. will make recommendations to

Support Student Success Initiatives while complying with the collective agreement.

15.02 Classroom teaching staff will be assigned to each school in order to ensure that

the average class size, in the aggregate, across all secondary schools operated by the Board shall meet the legislative requirements.

15.03 Teacher Workload a) A full-time Teacher shall be assigned 6 periods.

b) i) In addition to the 6 scheduled periods above, a full-time Teacher shall be assigned to a maximum of 50 half-periods of "Other Professional Duties", which shall include some combination of on-calls, supervision, student mentoring, and teacher mentoring. Within the maximum number of half-periods of Other Professional Duties set forth above, a Teacher may be assigned a maximum of twenty-four (24) half-period worked on-calls. A "half period" means up to a maximum of thirty-seven and one-half (37.5) minutes.

ii) Cross Curricular and Curriculum Heads shall be assigned up to 40% of

the half periods assigned to other Teachers for Other Professional Duties, for the purpose of supervision, on-calls or student mentoring. The remaining half periods may be used by the Cross Curricular and Curriculum Head for department duties including teacher mentoring.

iii) On-calls during each instructional period, in a school shall be assigned

equitably.

74

15.03 c) A Teacher shall not be assigned more than one (1) half period of Other Professional Duties in a day.

d) No more than two (2) half-periods of Other Professional Duties shall be

timetabled for a Teacher in any week. e) Other Professional Duties assigned to a part-time Teacher shall be pro-rated

in the ratio that the Teacher's assignment bears to a full-time assignment as defined in 15.03 a). Every effort should be made to schedule these Other Professional Duties immediately prior to or immediately after the Teacher's assigned classes.

f) In order to accommodate visits to students, Teachers of Co-operative

Education shall have their Other Professional Duties assigned at a pre-determined time, wherever possible.

15.04 Teachers in ESL Reception, Resource Teachers, Instructional Coaches and

Itinerant Teachers shall have a workload approximately equivalent to classroom Teachers and shall have no other assigned duties.

15.05 In a semestered school, no classroom teacher shall be assigned more than 3

teaching periods per semester unless otherwise agreed by the Teacher, the Bargaining Unit Executive and the Board.

15.06 Other Professional Duties shall be assigned to Teachers in an equitable manner.

Any scheduling of Other Professional Duties outside of the instructional day must be with the mutual consent of the Board and the Union.

15.07 A Teacher shall not be assigned to teach a multi-grade or multi-level class

except with the Teacher's consent in which case that period of instruction shall be counted as one credit. Where such consent is provided by the Teacher, the Bargaining Unit Executive shall be notified before the school year or semester begins.

15.08 The Board shall endeavour not to assign a Teacher to teach a subject for which

he or she is qualified, if he or she has not taught that subject in the preceding ten (10) years. Exceptions may be made, after receiving the advice of the Staff Assignment Advisory Committee, where the assignment is necessary to meet the needs of the school or the system.

75 15.09 No Teacher shall be assigned more than three (3) classes without a break,

unless agreed upon through mutual consent by the Teacher, Principal and the Bargaining Unit Executive.

15.10 No Teacher shall be assigned more than two (2) half-credit courses in a school

year, except where it is a normal part of the Teacher's assignments to teach several half or partial-credit courses in order to deliver the normal instructional program (example: team teaching in shop rounds course, counsellors doing career counselling courses); or by mutual consent of the Teacher and the Principal. Where such consent is provided by the Teacher, the Bargaining Unit Executive shall be notified before the school year or semester begins.

15.11 No Teacher shall be assigned other duties during the school day in addition to

those set out in clauses 15.03 to 15.10 above. 15.12 Each Teacher shall have a lunch break of a minimum of forty (40) consecutive

minutes between classes, free from assigned duties. 15.13 Any grievance lodged under Article 7 of this Agreement which refers to the

implementation of Articles 15.01 to 15.12 may only be initiated by the Bargaining Unit Executive.

15.14 a) A Special Committee on Distance Education shall be established consisting

of up to three (3) representatives of the Union and up to three (3) representatives of the Board. This Committee shall review proposed staffing and delivery models, Ministry guidelines and regulations, and its functions shall include ensuring that the staffing and workload provisions of the collective agreement are applied to credit courses delivered online through the internet ("distance education").

b) All lesson preparation, evaluation, testing and reporting of marks for

students taking electronically delivered credit courses shall be the responsibility of the Teacher assigned to the electronic classroom.

15.15 Teachers will have up to three (3) school days after the day of the scheduled

examination to submit marks for the end of semester one or term one.

76 15.16 "Dual Credit" Courses

a) A secondary school's Average Daily Enrolment in "Dual Credit" courses shall be included in the calculation of the number of secondary teaching positions required in the Board pursuant to this Collective Agreement and/or any class-size regulation.

b) A Teacher associated with a "Dual Credit" shall be responsible for the

supervision and evaluation of the equivalent learning and shall make recommendations to the Principal with respect to the granting of such credit.

15.17 Credit Recovery Recommendation Where the subject Teacher is recommending a student for Credit Recovery, the

subject Teacher shall be required to provide the following information: a) the student's final mark for the course; b) breakdown of all marks attached to the Recommended Course Placement

Form using whatever format the subject Teacher used for recording marks; c) reasons for the Credit Recovery recommendation. 15.18 Credit Recovery Acceptance For a student accepted into the Credit Recovery program, the subject Teacher

shall be required to identify: a) units, concepts, and/or expectations not successfully achieved; b) relevant Learning Skills information. 15.19 The Teachers at Roy McMurtry will be provided with ten (10) evaluation days per

school year in lieu of examination days. Such days will be scheduled by administration throughout the school year.

77 ARTICLE 16: TRANSFER AND SURPLUS 16.01 DEFINITIONS

a) "Administrative Transfer" - a transfer of a Teacher from one assignment to another within the jurisdiction of The Peel District School Board initiated by the Board.

b) “Contract Portion of the Recall List” - shall be the ten most senior Teachers

on the Recall List.

c) "Assigned by Mutual Agreement" - any Teacher who by mutual agreement with his/her Principal, with the approval of the Board, with due regard for the safety and welfare of the students and the provision of the best possible program, and consistent with Regulation 298 under the Education Act, is teaching an unrestricted subject for which he/she has no qualifications.

d) "Excess to School" - a Teacher who is excess to school is a Teacher for

whom no position exists within the Teacher's own school.

e) "Integration" - is a Teacher transfer for a temporary period (not exceeding two years) to the elementary panel in order to obtain experience.

f) "Qualified" - a qualified Teacher is any Teacher who possesses the

qualifications in the subject area according to the Ontario College of Teachers Certificate of Qualification and in accordance with Regulation 298 under the Education Act.

g) "Recall List" - is a list maintained by the Board which lists in order of seniority,

the names and addresses of Teachers who have been laid off as a consequence of having been declared Surplus to Region.

h) "Regional Seniority List" - a list maintained by the Board consisting of the

names of all Teachers in order of seniority as determined in accordance with the criteria established in Article 17.

78 16.01 i) "School Staff" - consists of all Teachers on the Regional Seniority List with

assignments within a school or on leave from the school or in an alternate term assignment.

j) "Surplus to Region" - Teachers with less seniority than the staff

complement shall be declared to be “Surplus to Region”. k) "Voluntary Transfer"- is a transfer from one assignment to another within

the jurisdiction of The Peel District School Board, initiated by the Teacher as per this Article.

16.02 GENERAL

a) This Article is to provide for the orderly staffing of the Board’s schools, including such contingencies as assignment, transfer, increase, reduction and recall.

b) The Bargaining Unit President and the Director of Human Resources or

their designates will meet no later than December 15th for the purpose of agreeing to the dates contained in the memo entitled “Secondary School Staffing Calendar” (“G Memo”).

c) Notwithstanding b) above, both parties will make every effort to meet the

dates as specified within this Article or within the memo entitled “Secondary School Staffing Calendar” (“G Memo”), but it is understood that either party may delay any date in the Article or the G Memo by up to ten (10) working days upon notice and after consultation with the other party. Any further delay will require mutual agreement which shall not be unreasonably withheld. Any such date changes shall be communicated to the Teachers at the earliest opportunity. In consultation with the Bargaining Unit Executive, the Director of Human Resources Support Services shall issue the G Memo by January 1st of each year. Such memorandum shall set forth the dates by which the steps specified in this Article are to be completed, the dates for regional composite postings of vacancies and other relevant instructions. Such dates may, however, be revised following consultation with the President of the Bargaining Unit Executive.

d) Copies of all relevant lists contained within this Article shall be provided to the Bargaining Unit Executive upon request.

79 16.02 e) Any Teacher who goes on leave or takes a term appointment shall remain

on the School Staff of his/her previous school subject to Article 16.

However, such Teacher shall be included on the School Staff only if the Teacher is expected to return from such Leave or term appointment for the following school year. It is expected that the Teacher will advise the Board in writing of his/her intention to return from a leave or term appointment no later than January 31st in order that they may be included on the School Staff for the following school year. Notwithstanding the above, a Teacher off on Federation Leave will be included on the School Staff of his/her previous school during the year of an election. A Teacher off on the statutory portion of a pregnancy and/or parental leave will also be included on the School Staff of his/her previous school unless the Board is in receipt of a request for an unpaid extension to the statutory leave. In the event that a Teacher is able to return from an extended leave of absence during a school year and the Board intends to transfer the Teacher temporarily to another school, the Board shall first consult with the President of the Bargaining Unit. This consultation will include the location and duration of the temporary assignment and the implications for the staffing process.

f) For the purposes of this Article the "Peel Alternative School", which includes

such programs as IAP, Foundations, Senior, TELL, SALEP, and Fresh Start, shall be treated as an individual secondary school.

g) It is the responsibility of the Teacher to ensure that the Teacher's address is

on permanent file with the Board. All notices required to be given by the Board to the Teacher pursuant to this Article shall be hand delivered or addressed by registered mail to the Teacher's last address as filed by the Teacher from time to time with the Board or such other method as the Board and the Bargaining Unit Executive may agree. Notices shall be signed for when hand delivered, with a copy to the Bargaining Unit Executive. Delivery of such notice shall be deemed to have occurred, when sent by registered mail, five (5) days after the date of mailing thereof; otherwise on the date the notice is sent by the Board. In the event of a postal interruption it is the Board's responsibility to verify that notice was given.

80 16.02 h) Wherever possible administrative transfers, other than those covered in the

remainder of this Article, shall be made by mutual agreement between the Teacher, the Bargaining Unit President and the Board, but the Board shall have the right after consultation with the Teacher involved and the Bargaining Unit President, to assign that Teacher to such a position as the Board feels necessary to meet the needs of the system. Final notification of the transfer shall be made to the Teacher and the Bargaining Unit President in writing.

i) In addition to the other staffing procedures provided for under this Article

16, following the conclusion of the Voluntary Transfer Process under Article 16.06 a Teacher may until the date specified in the G Memo of each year, apply to fill vacancies which are posted or advertised externally, provided the Teacher has the necessary qualifications. Article 16.06 d) shall apply to any such applicant.

16.03 PART-TIME TEACHERS

a) Temporary Reduction in Timetable

A Teacher may request a leave of absence from their timetable (i.e. a 1/6, 2/6, 3/6, 4/6 or 5/6 reduction in timetable) to be part-time for the following school year by notifying the Board, in writing, no later than January 31st. Such a request will be granted provided that the program needs of the school can be met. The Teacher shall revert to full-time effective September 1st of the school year following the leave unless a new request has been approved or unless otherwise agreed to by the Teacher and the Board prior to the determination of the Surplus to Region List.

b) The portion of the Teacher’s timetable left vacant as a result of the

approved leave of absence shall be filled by a Long Term Occasional Teacher.

c) Determination of part-time assignment shall be the responsibility of the

Principal, subject to agreement with the Teachers concerned. In the event that a Teacher’s request for a part-time assignment is denied, the Principal shall, if requested by the Teacher, discuss the reasons for the denial with the Teacher.

d) Subsequent to the organization of the schools, a part-time Teacher may

revert to a full-time assignment only when the additional portion of the assignment is available to external applicants and the Teacher holds the necessary qualifications.

81 16.04 SURPLUS TO REGION

a) Before the date specified in the G Memo the total number of staff required for the Region for the following school year shall be determined by the Board, subject to this collective agreement.

b) Teachers with less seniority than the staff complement determined pursuant

to (a) above shall be declared Surplus to Region.

c) Written notification will be given by registered mail or hand delivery (and signed for when hand delivered) from the Board to those Teachers who have been declared to be Surplus to Region. Copies of such notices shall be provided to the Superintendent of Education, Principal and the Bargaining Unit Executive.

16.05 IDENTIFICATION OF EXCESS TO SCHOOL a) Teachers who have received written notification as in Article 16.04 (c) as

Surplus to Region shall not be included in the school organization.

b) Cross Curricular and Curriculum Headships are exempt from being declared Excess to School.

82 16.05 c) When a position of responsibility is vacant, a vacant timetable within the

department must also be included in the school organization. Any Teacher holding a position of responsibility who goes on leave or takes an alternate assignment shall return to the former position at the end of the leave or other assignment unless displaced by these procedures or the position has ended in accordance with Article 34. While such a Teacher is on leave or in the alternate assignment, the position will be filled by another Teacher on an acting appointment. A Teacher in an acting position of responsibility will remain on the School Staff of the Teacher’s former school and for the purposes of this Article will not be a member of the School Staff where the Teacher holds the acting appointment. If a vacant Position of Responsibility occurs or persists after the conclusion of the G Memo process, it shall be filled by September 1st for the ensuing school year by the most appropriately qualified applicant within the school on an acting basis for that school year. The position will be advertised for the following school year during the normal hiring period. If a vacant Position of Responsibility persists after September 1st it shall be filled within six (6) weeks for the balance of the school year by the most appropriately qualified applicant within the school on an acting basis for that school year. The position will be advertised for the following school year during the normal hiring period.

d) In completing the staff assignments for the school, the Principal shall

attempt to place those members of the school staff highest on the Regional Seniority List.

e) If a more senior Teacher is not qualified nor Assigned by Mutual Agreement

to fulfill the remaining program requirements then that Teacher should be declared Excess to School and the process shall continue in order of seniority.

83

16.05 f) No later than the date specified in the G Memo, the Principal shall submit the School Organization to the Director of Human Resources Support Services which shall include:

1) the names of those Teachers who are Excess to School; 2) a list of all vacancies, both full-time and part-time, in the school, for the

following school year; 3) a list of all Teacher Assignments; and

4) the rationale for assigning an unqualified teacher by Mutual Agreement.

g) The Director of Human Resources Support Services will review the school

organizations. After any necessary modifications are made, and after consultation with the President of the Bargaining Unit Executive or designate, the Director of Human Resources Support Services will approve or amend these organizations.

16.06 VOLUNTARY TRANSFER a) The Board shall post a regional list of vacancies in each school no later

than the date specified in the G Memo, and the date shall be published in the "Secondary School Staffing Calendar". This list shall be updated regularly in accordance with the Secondary School Staffing Calendar and at least one posting update shall occur after the Administrative Transfer date referred to in Article 16.08.

b) Subject to Article 16.03 d), any Teacher, except for Teachers declared

Surplus to Region, may apply for any posted vacancy in the Region for which the Teacher is qualified.

c) A Teacher who wishes to participate in the Voluntary Transfer Process

should indicate to their Principal their intention to do so, as soon as possible.

d) In any school year a Teacher may voluntarily transfer only once except for a

Teacher who has been declared Excess to School and subsequently transferred to another school. If, prior to the date specified in the G Memo, a position becomes available at the Teacher's original school for which the Teacher is qualified, he or she shall be given the right of first refusal for the position.

84 16.07 VOLUNTARY ADMINISTRATIVE TRANSFER

a) Teachers who wish to voluntarily move from their current site may access

the voluntary administrative transfer process. b) The process is open to Teachers who have completed five (5) or more

years of continuous employment with the Peel District School Board as of the application deadline.

c) The applicant’s most recent Teacher Performance Appraisal must have

been satisfactory and there must be no unresolved discipline concerns.

d) Only one (1) Teacher per school is eligible. If there is more than one

applicant from a school, then the applicant with the highest seniority will be put forward for consideration.

e) There will be a maximum of ten (10) applications considered across the

secondary panel. The ten (10) applicants in seniority order from highest to lowest will be eligible for the voluntary administrative transfer process.

f) Any Teacher who is successfully transferred through this process is

ineligible to apply for it at any time in the future.

g) Teachers who are in the group of ten (10) most senior applicants will be placed in a position that matches the qualifications listed on their Ontario Teacher Record Card. The Teacher must accept the placement.

h) The Voluntary Administrative Transfer will take place prior to the

Administrative Placement meeting. The positions that may be accessed are those available to be filled by those teachers who are deemed ‘excess to school’. The positions will be filled by seniority order with a match to listed qualifications.

The vacancy resulting from the Voluntary Administrative Transfer placement will

be available for placement at the Administrative Placement meeting.

If there are no appropriate vacancies the Voluntary Administrative Transfer will

conclude for this year.

85 16.08 ADMINISTRATIVE PLACEMENT DAY(S) On the date specified in the G Memo, appointments to positions of responsibility

and the voluntary transfer process will cease. All Teachers remaining on the Excess to School List shall be administratively assigned by the Board to vacancies for which they are qualified or Assigned by Mutual Agreement, where possible.

16.09 BUMPING

a) If after Administrative Placement Day, any Teachers who were declared Excess to School have not been placed, then a bumping process will begin and be completed by a date to be determined after consultation with the President of the Bargaining Unit. The bumping process shall be used to ensure that the Teachers with the least seniority are declared Surplus to Region, provided that the remaining Teachers are qualified or Assigned by Mutual Agreement to provide the planned program. Where the Board deviates from the inverse order of seniority because of qualifications, the Board shall consult with the Bargaining Unit Executive regarding the reasons. The Board shall determine displacements, and the number of displacements shall be kept to a minimum.

b) 1) If the least senior Teacher to be bumped is a part-time Teacher, that

Teacher is bumped.

2) If the next least senior Teacher to be bumped is a full-time Teacher, he/she is bumped from the full-time to the part-time position, if qualified, and the senior Teacher takes the full-time position.

3) The most senior bumped Teacher in 2) above, retains the part-time

position vacated by the less senior bumped Teacher in 1) above, if qualified, and becomes Surplus to Region for the other part of his/her contract.

4) If not qualified for the part-time position, the more senior bumped

Teacher in 2) above, becomes fully Surplus to Region.

c) If the bumper is a part-time Teacher and the least senior Teacher to be bumped is a full-time Teacher, the least senior Teacher retains part of his/her position and becomes Surplus to Region for the other part.

d) Cross Curricular and Curriculum Headships are not subject to being

bumped, provided that no Teacher with greater seniority has been declared Surplus to Region as a result of this exemption.

86 16.10 FILLING FURTHER VACANCIES a) After the schools are staffed and the Administrative Placements in 16.08

have occurred, all remaining and subsequent vacancies shall continue to be posted regularly and be available on a voluntary transfer basis to all Teachers not declared Surplus to Region.

b) Should any vacancy remain unfilled after the Administrative Placement

period and ten (10) days after it was first posted, the Board shall have the right to fill the vacancy with the most senior Teacher qualified or Assigned by Mutual Agreement from those on the Surplus to Region List or the Recall List.

c) If the vacancy cannot be filled by (b) above, the vacancy may be advertised

and filled externally. d) The opportunity to apply for voluntary transfer will cease by the date

specified in the G Memo. The Board may then immediately fill the remaining vacancies or any new vacancy,

1) with the most senior Teacher qualified or by mutual agreement, first

from the Surplus to Region List or the Recall List, and 2) if it cannot be filled as in (1) the Board may advertise and fill the position

externally. e) The transfer of a Teacher in September as the result of fluctuations in

enrolment will be carried out by Administrative Transfer initiated by the Board after consultation with the Bargaining Unit Executive. This transfer will be carried out in accordance with 16.05 (d) and (e). There will be no bumping at this time.

87 16.11 TERMINATION AND RECALL a) At the last regular Board meeting in May the ten most senior Teachers on

the Surplus to Region List or the Recall List shall be assigned to the Contract Portion of the Recall List for a period of one (1) academic year. No Teacher shall remain on the Contract Portion of the Recall List for more than one academic year. The Board may, in its discretion, place more than ten (10) Teachers on the Contract Portion of the Recall List.

Any Teachers remaining on the Surplus to Region List on June 30, other than those placed on the Contract Portion of the Recall List, shall be placed on the Non-Contract Portion of the Recall List.

b) Teachers on the Contract Portion of the Recall List shall be assigned to

retraining and/or professional duties such as night school, summer school, supply teaching, an occasional assignment, administrative or research assignments with the Board, or assigned to school over and above the regular staffing complement. Such assignments shall be subject to the working conditions of the program to which the Teacher is assigned. Such assignments shall not create a vacancy on the Contract Portion of the Recall List. The Board agrees to assist Teachers on the Contract Portion of the Recall List to be recalled by identifying qualification areas in which the Board may have future staffing needs and the Board may assign the Teacher to retraining where it considers that to be appropriate.

c) A Teacher on the Contract Portion of the Recall List may be transferred, on

the basis of seniority, to a full-time position on a regular assignment in a day school program for which the Teacher is qualified or where there is mutual agreement. Where such a Teacher is offered an occasional position and accepts, that Teacher retains his/her position on the Recall List.

d) If a vacancy is created on the Contract Portion of the Recall List, then the

vacancy shall be filled by the most senior available Teacher on the Recall List.

e) The Board will have no further obligation to a Teacher on the Recall List

refusing a full-time position for which that Teacher is qualified. f) Teachers who are not available due to valid health reasons shall maintain

their position on the Recall List, but shall not be offered further positions with the Board until such time as the Teacher has filed a Certificate with the Board certifying his/her availability.

88 16.11 g) It is the responsibility of a Teacher on the Recall List to inform the Board in

writing by registered mail, or signed for when hand delivered, with proper documentation where applicable, of any changes in qualifications and availability for work whether part-time or full-time.

h) If a position becomes available, the Board shall notify by registered mail to

the Teacher’s last filed address the Teacher with the appropriate qualifications or by mutual agreement in accordance with the Regulation who has the highest position on the Recall List. Assignments for recall which include subjects under mutual agreement will not include more than two (2) sections of the subject under mutual agreement.

i) If the Board does not receive a reply within five (5) working days from the

date of deemed receipt of the notice set forth in 16.11 h) above, it shall have fulfilled its obligation to such Teacher and shall contact the next eligible Teacher on the Recall List.

j) A Teacher shall be removed from the Contract Portion of the Recall List for

any one of the following reasons:

1) the Teacher resigns; 2) the Teacher refuses a full-time position; 3) the Teacher is placed in a full-time position; 4) the Teacher has been on the Contract Portion of the Recall List for one

full academic year.

The Teacher who is removed from the Contract Portion of the Recall List in accordance with 4) above shall be added to the Non-Contract Portion of the Recall List.

k) A Teacher shall be deleted from the Non-Contract Portion of the Recall List

for any of the following reasons:

1) the Teacher has been rehired by the Board; 2) the Teacher has been hired by another school board;

3) the Teacher refuses to accept a full-time position for which he/she is

qualified, offered by the Board; 4) after twenty-six (26) consecutive months on the Non-Contract Portion of

the Recall List.

89 16.11 l) Should a Teacher be recalled to a teaching position or a position on the

Contract Portion of the Recall List, under this Agreement, the Board shall reinstate the sick leave credits standing to the Teacher at the time the Teacher was laid off by the Board.

m) In the event that additional Teachers are declared Surplus to Region in the

fall term, these Teachers will be added to the Contract Portion of the Recall List. The Contract Portion of the Recall List shall be adjusted according to Article 16.11 a) effective December 31st.

n) Those Teachers declared Surplus to Region and who have been laid off

from active employment will be placed on the secondary Occasional Teacher List and shall have the opportunity to apply for Long Term Occasional Assignments.

90 ARTICLE 17: SENIORITY 17.01 For all Teachers employed by the Board as of August 31, 1998, their relative

order of seniority as of that date shall be frozen for the duration of their employment under this Agreement.

17.02 The following seniority system will take effect for Teachers having a Start Date on

or after September 1, 1998. 17.03 Seniority shall be the length of continuous service with the Peel District School

Board as a Teacher in the Bargaining Unit from the first day worked after being hired (Start Date). Relative seniority shall be maintained so long as the Teacher remains an employee of the Board, whether active or inactive, subject to Article 17.10.

17.04 The list shall be rank ordered such that the most senior Teacher is at the top of

the list and the most junior is at the bottom. 17.05 Teachers hired on or after September 1, 1998 shall be added to the seniority list

based on their first day of work. 17.06 In the event that two or more Teachers referred to in Article 17.05 have the same

Start Date, their order on the seniority list shall be determined as follows: a) in order of the exact aggregate of the Teacher’s secondary teaching

experience with the Board and its predecessor board (excluding any occasional teaching experience); then

b) in order of the exact aggregate of the Teacher’s total teaching experience

as a member of OSSTF (excluding any occasional teaching experience); then

c) the Teachers who are tied with one another after a) and b) have been

applied, shall be randomly ordered by the Human Resources Department. In applying the above criteria, the steps shall be applied in order as required until

the tie is broken; and it is understood and agreed that the onus is on the Teacher to provide all relevant information concerning such prior experience to the Board within three (3) months of the Teacher’s Start Date.

17.07 The Seniority List shall contain the Teacher’s name, work location, and regional

seniority number.

91 17.08 The Board shall draw up a Seniority List current as of December 15th and

published no later than January 18th. The List shall be posted electronically. In addition, a copy of the List shall be sent electronically to the Bargaining Unit Executive at the same time.

17.09 A Teacher shall have ten (10) working days to query his/her position on the

Seniority List by stating the reasons for the query, and providing documentation where necessary, to the Director of Human Resources Support Services, who shall review each query and revise the Teacher’s placement if this is warranted after consultation with the Bargaining Unit Executive. No later than February 10th the revised List shall be posted electronically in Article 17.08 above.

17.10 A Teacher’s seniority shall be lost and a Teacher’s employment shall be deemed

to be terminated only in the event that: a) the Teacher resigns or retires; b) the Teacher is discharged by the Board and the Teacher is not reinstated

through the grievance and arbitration procedures; c) a Teacher is laid off and not recalled to work in accordance with Article

16.11 of this Collective Agreement; or d) the Teacher abandons the Teacher’s position by failing to return to work

upon completion of a leave of absence or failing to report after receiving a recall from layoff in accordance with Article 16.11, unless the Teacher provides an acceptable reason to the Board.

92 ARTICLE 18: NOTICE OF RESIGNATION OR RETIREMENT 18.01 Where a Teacher intends to terminate the Teacher’s employment with the Board

for any reason, the Teacher shall give not less than thirty (30) days notice, provided that the Teacher shall give notice on or before November 30th or May 31st when the Teacher intends to leave the employ of the Board at the end of first semester/term or before the start of the following school year respectively.

18.02 Nothing herein prevents an employee and the Board from mutually agreeing to

the employee’s resignation at any time. 18.03 Notwithstanding Article 18.01, the Board shall not unreasonably withhold consent

where the Teacher has provided a minimum of thirty (30) days written notice of their intention to resign/retire.

93 ARTICLE 19: LIAISON COMMITTEE 19.01 A Bargaining Unit Executive/Board Committee composed of a maximum of three

(3) members for each party shall be established to meet, when mutually agreed to by the parties, to attempt to solve problems or issues arising out of the terms of this Agreement.

94 ARTICLE 20: PHYSICAL ENVIRONMENT/HEALTH AND SAFETY 20.01 It is mutually agreed that both parties will co-operate to the fullest extent in the

prevention of accidents and the promotion of safety and health in the Board's facilities, having regard for the Occupational Health and Safety Act.

20.02 The Union will have up to two representatives on the Multi-Workplace Joint

Health and Safety Committee as defined by the Terms of Reference for the committee.

20.03 Where a Teacher knows of a hazard that may endanger the Teacher or another

worker, or knows of a contravention of the Occupational Health and Safety Act or the regulations, the Teacher shall report it to the Principal and the Branch President. Copies of any such report shall also be provided to the Board’s Manager of Health and Safety and the Teachers’ representative on the Multi-Workplace Joint Health and Safety Committee.

20.04 The Principal upon receipt of such a report, shall promptly investigate, or arrange

for the investigation of the hazard or contravention reported. The Principal or the designated investigator shall notify the Teacher, the Branch President, the Teachers’ representative on the Joint Health and Safety Committee and the Board’s Health and Safety Officer of the findings resulting from the investigation.

20.05 A Teacher may also issue a request through the Branch President to the

designated worker representative at the school to investigate some aspect of the Physical environment of the school that may constitute a hazard to the physical well-being of students and/or staff. A copy of any such request shall be provided to the Teacher's Principal.

20.06 Violence shall be defined as any incident in which a Teacher is intimidated,

threatened or assaulted. 20.07 In accordance with its legislated responsibilities, the Joint Health and Safety

Committee shall concern itself with matters relating to violence, including receiving and reviewing reports of violence in the workplace.

95 ARTICLE 21: MEDICAL PROCEDURES 21.01 The Board shall distribute a copy of its Operating Procedures for administration

of prescribed medication to pupils in schools and Procedures for health support services to each Teacher.

21.02 In accordance with Operating Procedure Special Education Services 8, a

Teacher may refuse without prejudice a request to administer medications except in life-threatening situations.

96 ARTICLE 22: SCHOOL YEAR/SCHOOL DAY 22.01 The Board shall establish a School Year Calendar for the following year by May

1st. The length of the school year shall be equal to the minimum number of days required under the Education Act and the Regulations thereunder. Every effort shall be made to allow for the maximum number of Professional Activity days to occur either at the end of each school semester or school year.

22.02 a) It is the policy of the Board to provide adequate accommodation for all

students in conforming with its duties under the Education Act. The extended school day will only be used as an interim provision while permanent accommodation is being developed. If extended school days should prove to be necessary, the Teachers will be actively involved in consideration of all matters that have a direct bearing on the implementation and operation of extended school day programs.

b) The Board will make every effort to insure that the number of consecutive

hours that Teachers and students have in their timetables will not exceed those of Teachers in schools not on extended days, although it must be recognized that it has not always been possible, and may not be possible, to maintain such a timetable arrangement.

c) The Executive of the Bargaining Unit, will continue to be invited to planning

sessions, Management Council meetings, and to meetings of the Executive Committee where the extended school day is under consideration. The administration will facilitate the Bargaining Unit Executive’s participation in this regard if it is deemed necessary by the Teachers.

d) For the purpose of reporting hours worked for Employment Insurance, the

employer shall record each full day of work as 8 hours worked.

97 ARTICLE 23: CONTINUING EDUCATION TEACHERS PURPOSE OF ARTICLE 23.01 It is the desire of both parties to specify within this Article the entitlement to

salary, allowances and other mutually agreed items of "Continuing Education Teachers", as that term is defined by the Education Act, while employed by the Board to teach a secondary school credit course. The provisions of this Article shall constitute the entire local agreement of the parties regarding Continuing Education Teachers. No other provisions of Part B of the Collective Agreement between the parties shall apply to Continuing Education Teachers unless expressly indicated otherwise in this Article.

23.02 Where a conflict appears between a provision of this Article and a provision of

the remainder of Part B the Collective Agreement, the provision of this Article prevails.

23.03 The following clauses of Part B of the Collective Agreement shall apply to

Continuing Education Teachers, together with this Article: Article 1 Purpose and Scope Article 3 Amendments Article 4 Recognition Article 5 Union Dues and Assessments Article 6 No Strikes or Lockouts Article 7 Grievance Procedure Article 9 Management Rights Article 20 Physical Environment/Health & Safety Article 21 Medical Procedures

98 LEAVES OF ABSENCE 23.04 a) Pregnancy/Parental Leave Pregnancy and Parental Leave without pay for Continuing Education

Teachers in the Night School/Summer School Program shall be in accordance with the terms of the Employment Standards Act.

Pregnancy and Parental Leave with pay for Continuing Education Teachers

in the Adult Day School Program shall be in accordance with the terms of the Employment Standards Act and the Letter of Agreement #6 in Part A of this agreement.

b) Leaves with Pay A Night School/Summer School Continuing Education Teacher shall be

entitled to a leave of absence with pay on a maximum of two (2) days in each contract term for bereavement leave, at the time of adoption of the Teacher's child, or illness provided that the Teacher arranges and ensures that he/she is replaced with another duly qualified Teacher. Such days shall not accumulate beyond the contract term. Such replacement Teachers shall be paid by the Board in accordance with this Article.

An Adult Day School Teacher shall be entitled to sick leave as outlined in

C9.00 of Part A of this agreement.

c) Adult Day School Continuing Education Teachers

i) An Adult Day School Continuing Education Teacher who has exhausted the leaves with pay entitlement outlined in C9.00 of Part A of this agreement, and who will be absent due to personal illness, shall be entitled to make application for an unpaid medical leave of absence.

ii) The application for unpaid medical leave of absence must be

accompanied by a medical certificate that is satisfactory to the Board. Any extension to an unpaid medical leave requires a current medical certificate acceptable to the Board indicating an expected return to work date.

iii) The temporary vacancy created by this unpaid medical leave of

absence will be filled by an Adult Day School Continuing Education Teacher, on a supply basis who by virtue of filling this temporary vacancy shall not be classified as a seniority Adult Day School Continuing Education Teacher. In the event that it is not possible for a current Adult Day School Continuing Education Teacher to fill the vacancy, an external candidate would be hired on a supply basis who by virtue of filing this temporary vacancy shall not be classified as a seniority Adult Day School Continuing Education Teacher.

99 SALARY SCHEDULE 23.05 Continuing Education Teachers shall be paid rates of pay in accordance with the

following schedule: Effective September 1, 2014

Teachers $46.73 per hour Director $8,616.88 Assistant Director $6,676.45

Effective September 1, 2016


Effective the 98th day of the 2016/2017 School Year


The above rates include vacation pay under the Employment Standards Act. NEW POSITIONS 23.06 Newly created positions covered by this Article shall be advertised across the

secondary panel. DISCIPLINE 23.07 Notwithstanding Article 9.02 b) of this Agreement the Union recognizes and

accepts that it is the right of the Board to suspend with or without pay, discharge or otherwise discipline Continuing Education Teachers for reasons provided in writing.

100 REGULAR DAY SCHOOL PROGRAMS 23.08 The following provision shall be suspended for the period during which this

Agreement remains in effect: The parties agree that any class being taught for credit purposes between the

hours of 8:00 a.m. and 4:00 p.m. on a regular school day (excluding summer school) in the Region of Peel will be taught by Union members who will receive salary and benefits in accordance with the other provisions of the Collective Agreement and not in accordance with Article 23.

JOB OPPORTUNITIES 23.09 It is the responsibility of every Continuing Education Teacher covered by this

Article to notify the Board, in writing, of any change of address or change of telephone number, fax number or email address needed to contact the Teacher regarding continuing education teaching assignments.

23.10 a) Summer School

i) On a yearly basis each Summer School Continuing Education Teacher shall be given the opportunity to indicate whether the Teacher is available for summer school or night school for the following summer or school year, as the case may be, and if so, the Teacher's preferred location.

ii) The Board shall give first consideration to Continuing Education

Summer School Teachers who, in the previous year, taught the same summer school or night school credit course.

b) Night School (Adolescent)

i) On a semester by semester basis, each Continuing Education Night School Teacher shall be given the opportunity to indicate whether the Teacher is available for night school for the same semester in the following year, and if so, the Teacher's preferred location.

ii) The Board shall give first consideration to Continuing Education Night School Teachers who, in the same semester, in the prior year, taught the same night school credit course.

101 23.10 c) Night School (Adult)

i) On a session by session basis, each Continuing Education Night School Teacher shall be given the opportunity to indicate whether the Teacher is available for night school for the next session and if so, the Teacher's preferred location.

ii) The Board shall give first consideration to Continuing Education Night

School Teachers who, in the previous session, taught the same night school credit course.

d) If a teacher accepts a course and it does not run due to lack of enrolment,

the teacher will be given first consideration in the next semester or session as applicable in case of night school or in the next year, in the case of summer school, provided the course is offered.

23.11 In Accordance with Article 23.10, the Board shall review, but shall not be limited

to, the roster of incumbent Continuing Education Teachers who have indicated such availability before filling any Continuing Education teaching assignment which is covered by this Article. If the incumbent Continuing Education Teacher is not re-hired, an explanation shall be provided if requested by the Teacher.

23.12 Seniority for Adult Day School Teachers a) Seniority will be applied to those Adult Day School Continuing Education

Teachers who have taught an adult day school credit course after September 1st, 2008. Seniority will be based on their first day paid (Start Date) as an Adult Day School Continuing Education Teacher teaching a credit course. If such date is earlier than September 1st, 2008, then seniority will be based on their most recent hire date in Group 23 as of August 31st, 2008. In the event two or more Adult Day School Continuing Education Teachers have the same Start Date, their order on the seniority list shall be randomly ordered once by the Human Resources Support Services Department with the use of computer technology.

102

23.12 b) An Adult Day School Continuing Education Teacher's seniority shall be lost

and his/her employment deemed to be terminated when: A) the Adult Day School Continuing Education Teacher resigns or retires; B) the Adult Day School Continuing Education Teacher is discharged in

accordance with Article 23.07; C) i) the Adult Day School Continuing Education Teacher does not teach

at least one adult day school credit course in a school year; ii) Notwithstanding C) i) above, an Adult Day School Continuing

Education Teacher will not lose their seniority, where he/she does not teach at least one adult day school credit course in a school year, by virtue of being on Pregnancy/Parental Leave Benefits under the provisions of the Employment Standards Act where said leave commences while he/she is in the employ of the Peel District School Board.

iii) Notwithstanding C) i) above, an Adult Day School Continuing

Education Teacher will not lose his/her seniority, where he or she does not teach at least one adult day school credit course in a school year, by virtue of being on an approved unpaid medical leave of absence, where said leave commences while he or she is in the employ of the Peel District School Board as an Adult Day School Continuing Education Teacher.

23.13 Adult Day School Continuing Education Teacher Staffing a) The number of adult day school continuing education credit courses offered

and the number of Adult Day School Continuing Education Teachers to be employed shall be determined by the Board.

b) Effective September 1, 2009, Adult Day School Continuing Education

Teachers who have seniority under Article 23.12, shall be placed by the Board in those available adult day school continuing education credit courses in accordance with their qualifications and seniority.

103 23.13 c) Where an assignment to an Adult Day School Continuing Education

Teacher is terminated due to reasons of insufficient student enrolment and classes in a session have begun, and where sections are combined to accommodate the remaining students, the Adult Day School Continuing Education Teacher with the greater seniority shall retain his/her position for the remainder of the session where the school timetable allows.

d) An increased or decreased number of credits will be assigned based on qualifications and seniority. Notwithstanding, where an assignment to an Adult Day School Continuing Education Teacher is reduced due to reasons of insufficient enrolment, the assignment for the following session will revert to the previous level if possible.

e) Each term, in the absence of an Adult Day School Branch President, a representative from the Bargaining Unit Executive will be invited to act as an advisor to the Principal in determining staff assignments within Adult Day School. It is recognized that the Principal has the final responsibility and the duty under the Education Act.

23.14 Teachers in the Adult Day School will be eligible for Professional Development

Leave as per Article 28.

104 ARTICLE 24: SALARY SCHEDULE 24.01 Each Teacher shall receive from the Board a basic salary determined by the

Teacher Salary Experience Schedule and, in addition, any allowance(s) due under Articles 24.05, 24.06 and 24.07. Together this basic salary and these allowances shall be called the "total salary" of the Teacher.

24.02 a) The Teachers’ Salary Experience Schedule from September 1, 2014 to August 31, 2016, inclusive shall be:

Salary Grid - September 1, 2014 to August 31, 2016

1 2 3 4

0 $44,292 $47,889 $51,485 $55,082

1 $47,889 $51,485 $55,082 $58,678

2 $51,485 $55,082 $58,678 $62,274

3 $55,082 $58,678 $62,274 $65,871

4 $58,678 $62,274 $65,871 $69,467

5 $62,274 $65,871 $69,467 $73,064

6 $65,871 $69,467 $73,064 $76,660

7 $69,467 $73,064 $76,660 $80,256

8 $73,064 $76,660 $80,256 $83,853

9 $76,660 $80,256 $83,853 $87,449

10 $80,256 $83,853 $87,449 $91,046

11 $94,642

Co-ordinators

0 $104,758

1 $107,639

2 $110,617

3 $113,405

105 24.02 b) The Teachers’ Salary Experience Schedule from September 1, 2016 to the

97th day of the 2016/2017 School Year, inclusive shall be:

Salary Grid - September 1, 2016 to the 97th day of the 2016/2017 School Year

1 2 3 4

0 $44,735 $48,368 $52,000 $55,632

1 $48,368 $52,000 $55,632 $59,265

2 $52,000 $55,632 $59,265 $62,897

3 $55,632 $59,265 $62,897 $66,529

4 $59,265 $62,897 $66,529 $70,162

5 $62,897 $66,529 $70,162 $73,794

6 $66,529 $70,162 $73,794 $77,426

7 $70,162 $73,794 $77,426 $81,059

8 $73,794 $77,426 $81,059 $84,691

9 $77,426 $81,059 $84,691 $88,323

10 $81,059 $84,691 $88,323 $91,956

11 $95,588

Co-ordinators

0 $105,806

1 $108,715

2 $111,723

3 $114,539

106 24.02 c) The Teachers’ Salary Experience Schedule from the 98th day of the

2016/2017 School Year to August 31, 2017, inclusive shall be:

Salary Grid – From the 98th day of the 2016/2017 School Year to August 31, 2017

1 2 3 4

0 $44,959 $48,609 $52,260 $55,910

1 $48,609 $52,260 $55,910 $59,561

2 $52,260 $55,910 $59,561 $63,211

3 $55,910 $59,561 $63,211 $66,862

4 $59,561 $63,211 $66,862 $70,512

5 $63,211 $66,862 $70,512 $74,163

6 $66,862 $70,512 $74,163 $77,813

7 $70,512 $74,163 $77,813 $81,464

8 $74,163 $77,813 $81,464 $85,114

9 $77,813 $81,464 $85,114 $88,765

10 $81,464 $85,114 $88,765 $92,415

11 $96,066

Co-ordinators

0 $106,335

1 $109,259

2 $112,282

3 $115,112

107 24.03 Category Placement

a) Category definitions shall be those established by the Ontario Secondary School Teachers' Federation Certification Policy. For the purposes of salary categorization, the Board recognizes the Certification Rating Statements issued by the O.S.S.T.F. Certification Department, provided it has been supported by O.P.S.B.A.

b) It shall be incumbent upon a Teacher to provide documented proof in the

form of a Group Certification Rating Statement from the O.S.S.T.F. as to the Teacher's appropriate group classification. Failure to present an O.S.S.T.F. Certification Rating Statement shall result in a Teacher being paid in Category 1. Upon presentation of a Certification Rating Statement salary shall be adjusted as per 24.03 c).

c) 1) Effective starting the 2005/2006 school year, salary changes resulting

from Certification Rating Statements submitted to the Director of Human Resources Support Services on or before May 31st shall be retroactive to September 1st of that school year.

2) In the case of a Teacher commencing employment with the Board, the

Teacher must submit a Certification Rating Statement to the Director of Human Resources Support Services by the later of May 31st of the Teacher's first school year or five (5) months from the Teacher's start date. A Certification Rating Statement must be submitted within the required deadline in order to qualify for a salary adjustment retroactive to the Teacher's start date.

108 24.04 Step Placement In determining the position of a Teacher on the Teacher Experience Schedule, a

Teacher shall be granted experience for the following: a) Teaching experience in a public elementary or secondary school or in a

university or private school under the supervision of the Ministry of Education and Training or equivalent experience approved by the Director of Human Resources Support Services; (Note: Teaching experience is deemed to mean experience obtained subsequent to professional certification as defined by the Director of Education or designate in consultation with the Director of Human Resources Support Services).

b) A leave of absence or Teacher Funded Leave for a program approved in

advance by the Board designed to upgrade the Teacher's qualifications by post-graduate work or a year of travel relevant to the Teacher's classroom work (a year shall be at least ten months).

c) 1) For leaves commencing September 1st, 1984, seventeen weeks of

Leave of Absence for Maternity or Adoption Leave will be credited in determining the position of a Teacher on the Teacher Experience Schedule.

2) For Pregnancy Leaves or Parental Leaves commencing on or after

November 18, 1990, up to seventeen (17) weeks of Pregnancy Leave and up to eighteen (18) weeks of parental leave will be credited in determining the position of a Teacher on the teacher Experience Schedule.

3) For Pregnancy Leaves or Parental Leaves taken by a Teacher in

respect of a child born or a child which comes into the custody, care and control of the Teacher for the first time on or after December 31, 2000, up to seventeen (17) weeks of Pregnancy Leave, and up to thirty-five (35) weeks of Parental leave for a Teacher who took a Pregnancy leave or up to thirty-seven (37) weeks of Parental leave for other Teachers, will be credited in determining the position of a Teacher on the Teacher Experience Schedule.

109 24.04 d) Related experience in a trade, business or other professional experience in

an area directly related to the teaching subjects as determined by the Director of Human Resources Support Services.

1) Applications for related experience must be made within six (6)

months of acceptance of a position. 2) Upon request, a Teacher shall be provided with a written document

explaining related experience, and the criteria used to establish related experience.

3) Should a Teacher's teaching subject area change, the Teacher may

apply for related experience in the new subject area within six (6) months of the start of the new assignment.

e) If a Teacher has taught a fraction of a full year, then the number of years

teaching experience shall be calculated by pro-rating the exact number of days worked by the Teacher in the school year, in the exact proportion to the total number of school days in that school year. Any fraction of cumulative teaching experience which is equivalent to .500 or more shall be counted as one year.

f) Notwithstanding the above a Teacher who has a part-time schedule will be

given credit for experience on a pro-rata basis according to actual time worked.

g) In any event or combination thereof the maximum accumulation of teaching

experience shall be one year, in any one year. h) Conditional on the above and with the exception of supply teaching

performed without a contract, any experience that is accepted for the purpose of a Teachers’ Pension Plan credit is to be accepted as satisfactory for the purpose of calculating teaching experience. However, subject to Article 24.04 g), any short term occasional teaching experience with the Board that is accumulated after September 1, 2005 shall be accepted as satisfactory for the purpose of calculating teaching experience, provided that the Teacher requests such recognition within six (6) months of acceptance of a position.

110 24.04 i) Conditional on the above and subject to Article 24.04 g), any summer

school, night school or adult day school credit course teaching experience with the Board that is accumulated after September 1, 2009 shall be accepted as satisfactory for the purpose of calculating teaching experience, provided that the Teacher requests such recognition within six (6) months of acceptance of a position. Every five (5) hours of instruction paid in a summer school, night school or adult day school credit course shall be considered as one (1) day of teaching experience.

j) Teachers on staff before the commencement of this Agreement who are

receiving credit for teaching experience for reasons other than those given above shall continue to receive such credit.

k) 1) Salary changes resulting from a change in Step Placement submitted

to the Director of Human Resources Support Services on or before December 31st shall be retroactive to September 1st of that school year.

2) Salary changes resulting from a change in Step Placement submitted

to the Director of Human Resources Support Services between January 1st and May 31st of the school year shall be retroactive to January 1st of the school year.

3) Salary changes resulting from a change in Step Placement submitted

to the Director of Human Resources Support Services after May 31st of the school year shall be made effective on September 1st of the next school year.

111 24.05 Allowance for Responsibility for Administrative Positions a) The following responsibility allowance shall be paid in addition to the regular

salary and allowances to which the Teacher is entitled:

Sept 1/11 Sept 1/16 Career Orientation Officer Consultants $5,607 $5,663 Resource Teachers - Secondary Continuing Education Assistant 98th day of the 2016/17 School Year Career Orientation Officer Consultants $5,691 Resource Teachers - Secondary Continuing Education Assistant Cross Curricular and Curriculum Headships Responsibility allowances for Cross Curricular and Curriculum Headships

shall be: $5,607.00 effective September 1, 2011 $5,663 effective September 1, 2016 $5,691 effective the 98th day of the 2016/2017 School Year b) If a position of responsibility can be filled on or before June 10, the position

shall be filled by a regular appointment if a suitable applicant is available. If a position of responsibility occurs or persists after June 10 it shall be filled

by the most suitably qualified applicant within the school on an acting basis for that school year. The position will be advertised for the following school year during the normal hiring period (i.e. January to June).

112 24.06 Allowance for Extra University Degrees (These are to be defined as those above a B.A. and not included in establishing

certification level.) Sept 1/11 a) Doctorate $1,325 Master's $993 Bachelor of Paedagogy $421 Bachelor of Education $140 1) The allowance for the Ontario Bachelor of Education will only be paid if

the degree was granted over and above a Bachelor of Arts degree and was not granted in conjunction with the Faculty of Education certification.

Notwithstanding the above, all Teachers who were on staff on January

1, 1971, and were receiving the Bachelor of Education Degree allowance on that date, shall continue to do so.

2) A four-year Bachelor of Education Degree obtained outside the

Province of Ontario shall be accepted subject to the approval of the Director of Education or designate in consultation with the Director of Human Resources Support Services.

b) The courses required for the degrees listed in a) may be used to determine

category level and if so used shall not be eligible for the allowance for an additional degree.

c) The allowances for post-graduate or extra degrees will be effective the first

of September of the calendar year in which the Teacher completed the necessary qualifications and will apply to one post-graduate degree only. Proof of additional degrees must be submitted to the Director of Human Resources Support Services by March 31st of the following calendar year to fulfill the requirements of retroactive payment.

d) Allowance for extra degrees will not apply to Co-ordinators.

113 24.07 Allowance for Specialist's Certificate in Special Education The following allowance shall be paid for a Specialist's Certificate in Special

Education provided the Teacher was already in Category 4 without using this certificate:

Allowance for Specialist's Certificate in Special Education provided the Teacher

was already in Category 4 without using this certificate shall be: $338.00 per year effective September 1, 2011 24.08 Part-Time Teachers

a) For a Part-time Teacher, salary, sick leave credits, and any other entitlements that are not specified in any other provisions of this Agreement shall be prorated.

b) A part-time Teacher is interpreted to include a semester Teacher. A

semester Teacher is interpreted to mean a Teacher with a half-time assignment working full-time in either the first or second semester and on leave for the other semester.

c) Part-time assignments that are other than those set forth in 24.08 b) shall

only be granted, by the Director of Human Resources Support Services, in exceptional circumstances

24.09 Special Assignments

From time to time special assignments may require Teachers to work beyond the regular school year. Such special assignments require the approval of the Director of Education or designate. The compensation for such special assignments either in terms of salary or special time release is to be determined in advance by the Director of Human Resources Support Services in consultation with the Teachers involved, taking into consideration the regular rate of basic salary in effect at the time of the special assignment, as it affects the individual concerned. This does not apply to the teaching of Night School or Summer School.

24.10 Teachers who are required, and agree, to perform their regular assigned duties

on a day which falls outside of the designated school year shall receive compensating days off during the course of the school year equal to the number of days worked. These compensating days shall be arranged at a mutually agreeable time. It is understood that mutual agreement shall not be unreasonably withheld, subject to the operating needs of the school.

114 24.11 New Positions a) The establishment of new classifications other than the ones categorized in

this Agreement shall not be undertaken without prior discussions concerning the salaries, allowances, seniority and transfer rights for these positions.

b) Such discussions shall be held between the Director of Education and the

President of the Bargaining Unit or their designates. c) Any new position created by the Board shall, until it is negotiated, be paid

as if it were in an existing category. 24.12 Method of Payment a) Effective September 1, 1999, salaries shall be paid in accordance with

Board procedures on an even bi-weekly 12 month pay schedule. b) Deduction Schedule Approved deductions shall take place according to the following schedule: 1st Payment Date in Month - Income Tax, Employment Insurance, Canada

Pension, Teachers’ Pension Plan, Federation Fees, Group Insurance, LTD Insurance.

2nd Payment Date in Month - Income Tax, Employment Insurance, Canada

Pension, Teachers’ Pension Plan, Federation Fees. 3rd Payment Date in Month - Income Tax, Employment Insurance, Canada

Pension, Teachers’ Pension Plan, Federation Fees. Deductions shall be made every pay for Credit Union, Savings Bonds,

United Way and Group Registered Savings Plans. c) The Board shall deposit the Teacher's earnings at a bank/financial

institution designated by the Teacher.

115 24.13 Terms of Salary Payments a) Semestered Teachers teaching exactly one semester shall be paid salary

based on the Teacher’s full time equivalency status as set out in Article 24.08 a). Deductions for leaves without pay for a semestered Teacher shall be at a per diem rate based on that Teacher's full time annual salary as specified in Article 24.02 divided by the total number of school days.

b) Teachers who leave the Board’s employ or who go on a leave of absence

will be paid any salary owing up to the last day worked. A Teacher who leaves the employ of the Board before the end of a semester will be paid salary based on the Teacher’s full time equivalency status for each semester as set out in 24.08 a) in the proportion that the number of school days on which the Teacher performs duties in the semester bears to the total number of school days in the semester.

c) Should a retroactive salary adjustment be made, it shall be paid to all

Teachers on staff in the interval covered by the adjustment even if they are no longer employed by the Board when the adjustment is made.

d) If the Teacher is no longer employed by the Board, the retroactive

adjustment shall be forwarded to the Teacher's last known address. In the event it is returned, it is the Teacher's responsibility to contact the Director of Human Resources Support Services within 3 months of the signing of the Agreement, informing the Director of where the adjustment can be forwarded.

e) The Board shall notify the Bargaining Unit Executive, in any instance where

cheques have been returned.

116 ARTICLE 25: EMPLOYEE BENEFITS 25.01 Effective September 1, 2008, the Board shall contribute to the Bargaining Unit

four thousand one hundred and thirty-six dollars ($4136) per FTE Teacher employed by the Board as defined in Articles 28.03 and 28.04 in each school year for extended health, dental, and group life (including AD & D) insurance plans. This amount shall be increased to four thousand two hundred and sixty dollars ($4260) effective September 1, 2009. This amount shall be increased to four thousand five hundred and sixty-six dollars ($4566) effective September 1, 2010. This amount shall be increased to four thousand eight hundred and fifty dollars ($4850) effective September 1, 2011.

25.02 The Board is not the policyholder of benefits described in 25.01 for the Teachers

effective April 1, 2001. 25.03 The Board will be responsible for enrolment, deduction and remittance of the

premium contributions and providing available necessary data to the insurer and Bargaining Unit.

25.04 The Bargaining Unit shall be the policyholder of the benefits, excluding statutory

benefits, effective April 1, 2001. The Bargaining Unit shall determine the terms and conditions of the plan. The Bargaining Unit will inform the Board regarding the terms and conditions of the plan.

25.05 One twelfth (1/12) of the money specified in 25.01 shall be remitted to the

Bargaining Unit on the first of each month. 25.06 All Teachers on unpaid leaves of absence and long term disability shall be

eligible to be a member of the benefit plan provided the member pays the full cost of the premiums. The rate paid by the members in 25.06 shall be the group rate charged by the carrier.

25.07 Where required by the carrier participation in the benefit plans described in 25.01

shall be a condition of employment subject to the terms and conditions of those plans. Any member teaching less than full time shall be eligible for the benefit plans provided the member pays a prorated amount of the premium cost subject to the approval of the carrier.

117 25.08 Long Term Disability Insurance The Board shall assume the administrative cost of a benefit plan offered by

Teachers Life. Each Teacher shall pay 100% of the premium cost of the Long Term Disability Insurance.

25.09 Sick Leave Credit Plan The Teacher shall be provided with access to an electronic statement of sick

leave and short term sick leave credits correct to the nearest one quarter of day reported on the Employees’ electronic Statement of Earnings and Deductions.

25.10 Medical Certificates For a period of illness exceeding two days a Teacher shall be required to file a

medical certificate only if such certificate is requested by the Director of Human Resources Support Services within 10 working days of the Teacher returning to work. For an illness of 1 or 2 days a medical certificate shall not be required unless asked for at the time the Teacher notifies the school or within 2 hours after normal school opening on the day of the absence.

25.11 Where appropriate accommodation cannot be resolved at the work location, the

Board and the Bargaining Unit shall continue to develop cooperatively, in consultation with the Teacher involved, modified work programs for any Teacher who requires accommodation in respect of a disability.

25.12 The Board and the Union are committed to a consistent approach to meeting the

needs of disabled Teachers, to treating such Teachers with dignity and respect, to restoring them to meaningful work of value to the Board, and to meeting the parties’ obligations with respect to accommodation under the Human Rights Code. The Board and the Union further recognize that Teachers who require accommodation have obligations to cooperate in the process, including the clear communication of any accommodations sought and the providing of all reasonably required medical information.

118 25.13 a) The Board shall ensure that all medical records are stored in a secure

location and in a confidential manner. Normal, daily access to such records and information shall be limited to the Director of Human Resources Support Services and those personnel designated by the Director. The Director shall, upon request, advise the Bargaining Unit Executive of the names of those so designated. Such personnel shall not be members of the Bargaining Unit.

b) A Teacher may receive copies of the information contained in his or her

medical record by making such a request to the Director of Human Resources, in writing.

25.14 The Bargaining Unit Executive may file a grievance with respect to an alleged

violation of the Teacher's rights under the Collective Agreement resulting from the administration and/or application of any Attendance Management Policy.

25.15 Board Liability Insurance The Board and the Teachers note the memo contained in Appendix B.

119 ARTICLE 26: ALLOWANCE ON RETIREMENT Retirement Gratuities were frozen as of August 31, 2012. A Teacher is not eligible to receive a sick leave credit gratuity or any non-sick leave credit retirement gratuity (such as, but not limited to, service gratuities or RRSP contributions) after August 31, 2012, except a sick leave credit gratuity that the Teacher had accumulated and was eligible to receive as of that day.

The following language applies only to those teachers eligible for the gratuity above: 26.01 An allowance on retirement from the Board shall be paid when all of the following

conditions have been met: a) A Teacher has been continuously under contract to, or on leave from, with

or without salary, the Board or its predecessors for a minimum period of 10 years immediately prior to the retirement date.

b) A Teacher has an accumulated minimum total of 10 years of service with

the Board that qualify for step placement. c) The Teacher has attained the age of 60 years or is eligible for a pension

under the provisions of the Teachers' Pension Plan and is at such time employed by the Board.

26.02 Any Teacher who qualifies for an allowance on retirement from the Board who

dies before receiving the full benefits of the allowance shall have the allowance paid to the Teacher's estate.

26.03 All the benefits of the allowance shall be paid in full within one year of the

Teacher's retirement or in a manner which is mutually satisfactory to the Teacher and the Board.

120 26.04 The amount of the allowance payable shall be calculated as follows for

accumulated service as defined in Article 26.01 b): a) for ten years' service - 20% of the annual salary being paid at the time of

retirement; b) for each additional year of service - 2% of the annual salary being paid at

the time of retirement; c) the foregoing allowance shall be grandparented for Teachers employed on

November 24, 1998 (including those with recall rights); for Teachers hired after November 24, 1998, the foregoing amount shall be multiplied by the number of sick leave days standing to the credit of the Teacher at the time of retirement, to a maximum of 200, and then divided by 200;

d) the maximum amount payable shall be 50% of the annual salary being paid

at the time of retirement.

121 ARTICLE 27: NO DISCRIMINATION 27.01 Neither the Board, the Union, the Bargaining Unit Executive nor a Teacher shall

discriminate in their employment against any employee of the Board on any ground prohibited by the Ontario Human Rights Code or the Ontario Labour Relations Act, including age, race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, record of offences, marital status, family status or handicap, as those terms are defined in the Code.

27.02 The Board, the Union, the Bargaining Unit Executive and the Teachers recognize

that a Teacher has the right to freedom from sexual harassment and any other form of harassment in the workplace prohibited by the Ontario Human Rights Code.

27.03 The Board, the Bargaining Unit Executive and the Union recognize that they all

have a duty to accommodate individuals in accordance with the Ontario Human Rights Code and hereby confirm their agreement to comply with such obligations.

122 ARTICLE 28: PROFESSIONAL DEVELOPMENT LEAVE 28.01 Professional Development Leave may be granted for Teachers to participate in

short period programs potentially beneficial to Peel students. Any such leaves shall normally not exceed seven consecutive calendar days per individual. Such programs shall include workshops, conferences, trade shows, short-term courses, visits to innovative teaching programs, etc.

28.02 a) Approval for Professional Development Leave may be granted by the

Principal/Supervisor and/or Superintendent under the supervision of the Director of Human Resources Support Services.

b) In each Branch, there shall be a Branch STPDL member. The Branch

STPDL members shall be responsible for electing the STDPL Monitoring Committee. The STPDL Monitoring Committee will make every effort to distribute equitably the available monies over the various subject departments in the Branch and to be cognizant of class disruption and organizational changes occurring from the leave. The STPDL Monitoring Committee is accountable to the Director of Human Resources Support Services.

c) The OSSTF Vice President and Chief Negotiator shall be the STPDL Co-

ordinators. The STPDL Co-ordinators will ensure that the STPDL funds are allocated in accordance with the criteria established by the Branch STPDL Committee members in consultation with the Director of Human Resources Support Services.

d) The STPDL funding shall be determined in accordance with Article 28.03.

e) The Committee shall make every effort to distribute equitably the available

monies over the various subject departments in the school and to be cognizant of class disruption and organizational changes occurring from the leave.

28.03 The total budget for Professional Development Leaves during each school year

shall be $150. per Teacher calculated for all secondary Teachers employed on September 30th. Effective September 1, 2003, the budget shall be $100. per Teacher calculated for all secondary Teachers employed on September 30th.

123 28.04 For the purposes of 28.03 above, the calculations for the Professional

Development budget will be as follows: a) In accordance with the number of staff assigned to teach in each school

based on the projected blended enrolments using actual September 30 enrolment data in accordance with the Joint Staffing Committee’s review process, together with any staff assigned over formulas as per Board resolution.

b) In accordance with the number of staff assigned to the Alpha Group as of

September 30. c) The Alpha Group includes any member of O.S.S.T.F. drawing a regular

salary from the Board who is not assigned to a school, such as those listed below:

- those at the Peel Alternative School; - those at educational centres established under Section 19 (1) of the

General Legislative Grants Regulation; - those on integration; - those who hold positions of Co-ordinator, Consultant, Resource

Teacher, Staffing Officer, Resource Officer, Career Orientation Officer, or Admin. Assistants.

- Adult Day School Continuing Education Teachers However, a Teacher on a Teacher Funded Leave or Federation Leave

pursuant to Article 4.06 a) shall not be considered to be drawing a regular salary from the Board for the purposes of this Article.

d) No contribution to the Professional Development Leave Plan shall be made

for any Teacher on an unpaid leave of absence. A Teacher on a Teacher Funded Leave is considered to be on an unpaid leave of absence.

e) In cases where the Board is reimbursed for a Teacher's salary during the

period of the leave, the Board shall be entitled to bill $150. with respect to Professional Development Leave. Effective September 1, 2003, the Board shall be entitled to bill $100. with respect to Professional Development Leave.

28.05 A Teacher receiving Professional Development Leave shall continue to receive

full salary and benefits.

124 28.06 When the Board requires that a Teacher attend a program, the Board shall pay

the Teacher's full salary and all related expenses from other funds. Short Term Professional Development Leave funds generated pursuant to this Article shall be utilized for leaves requested by Teachers and approved by the Board pursuant to Articles 28.01 and 28.02 hereof.

28.07 Professional Development Leave shall not affect the cumulative sick leave

reserve allowance of the Teacher concerned. 28.08 At the end of each budget year, the unexpended balance of the STPDL fund will

be added to the allocation for the next budget year as determined by 28.03.

125 ARTICLE 29: NIGHT SCHOOL/SUMMER SCHOOL 29.01 This Teacher option shall be applicable only to those Teachers who are declared

Surplus to the Region and where a night school/summer school program is offered by The Peel District School Board.

29.02 Assignment to the night school or summer school will be an option available to

management in utilizing the services of a Teacher on the Contract Portion of the Recall List. In such a circumstance the Teacher would be considered as a regular day school Teacher and have his/her salary and benefits determined in the same way as a regular day school Teacher.

29.03 Teachers on the Non-Contract Portion of the Recall List shall be preferentially

hired to night school/summer school courses for credit, Grades 9-12, at the applicable night school/summer school rates for which the Teacher is qualified or by mutual agreement. Should the Teacher choose not to accept such an assignment, that Teacher will still retain his/her position on the Recall List.

29.04 Should a teaching assignment be given to a Teacher on the Non-Contract

Portion, that Teacher may have his/her night school or summer school assignment revoked.

126 ARTICLE 30: ACTING ADMINISTRATIVE POSITIONS 30.01 A Teacher may be temporarily appointed to an Acting Principal or Vice-Principal

position for a period of up to one school year to substitute for an absent Principal or Vice-Principal or in the event that the Board is not able to appoint a Teacher who is qualified for the position. During such an appointment that is more than one week but not more than one school year, the terms and conditions of employment as applied to Principals and Vice-Principals shall apply to the Teacher; however, such Teacher shall not evaluate or discipline another OSSTF member. No Teacher shall be appointed to such acting administrative position for more than a cumulative total of three (3) full school years. The Teacher shall continue to accrue seniority under Article 17 and to pay all Federation dues under Article 5 during the acting appointment. Upon termination of the acting position, the Teacher shall return to the Teacher’s previous assignment, or if redundancies have occurred in the interim, to such other assignment as the Teacher may be entitled to on the basis of seniority.

30.02 A Teacher may be appointed as a Teacher In Charge on a temporary basis in

the absence of a Principal or Vice-Principal for a maximum of forty (40) days per school year provided that a Principal or Vice-Principal is also in the school, except in an emergency situation. Such a Teacher will continue to be subject to all terms and conditions of this Agreement. No on-calls shall be assigned as a result of such an appointment except in emergencies. An emergency shall be considered an unforeseen circumstance that arises during the school day. A Teacher In Charge shall not evaluate or discipline another OSSTF member.

127

ARTICLE 31: CRIMINAL RECORD CHECKS 31.01 The Board shall ensure that all records and information (including offence

declarations and C.P.I.C. records) obtained pursuant to Regulation 521/01 as amended of the Education Act, or any subsequent regulation or law dealing with the same matter, are stored in a secure location and in a confidential manner. Normal, daily access to such records and information shall be limited to the Director of Human Resources Support Services and those personnel designated by the Director. The Director shall, upon request, advise the Bargaining Unit Executive of the names of those so designated. Such personnel shall not be members of the Bargaining Unit.

31.02 The Board shall not release any information about a Teacher obtained pursuant

to Regulation 521/01 as amended, or any subsequent regulation or law dealing with the same subject matter, except for the purpose of exercising its legal rights or obligations.

128

ARTICLE 32: PERFORMANCE APPRAISALS 32.01 The Board shall consult with the Bargaining Unit Executive regarding any new

policies or operating procedures relating to performance appraisal. 32.02 Notwithstanding the time limits contained in Article 7 (Grievance Procedure), any

grievance properly submitted regarding performance appraisals reports may be submitted up to the last day of the school year in which the performance appraisal occurs.

32.03 In addition to the right to grieve provided for under Article 9.04 (b) (2), with

respect to any performance appraisal, any difference between the parties arising from the interpretation or alleged violation of this Article, the Board's Operating Procedure or Part X.2 of the Education Act or any regulation under it, including any question as to whether a matter is arbitrable, may be subject to a grievance and arbitration under this Agreement.

32.04 When a Teacher receives a performance appraisal report which is rated

unsatisfactory, the Board shall advise the Bargaining Unit Executive of that fact and the date, time and location of the post-observation meeting, so as to allow the Bargaining Unit Executive to offer the Teacher assistance.

32.05 Teachers in charge of an organizational unit shall not be responsible for

conducting performance appraisals. 32.06 The Optional Log of Teaching Practice or similar tool is a resource only and will

not be a mandatory component. 32.07 A Teacher Performance Appraisal will not occur during the first two (2) weeks or

the last two (2) weeks of a semester, except where required by a mandatory timeline or at the mutual agreement of the parties.

32.08 A Teacher shall be provided a minimum of forty-eight (48) hours’ notice before a

classroom observation. In the event of a cancellation of the observation, the observation may occur as soon as the next instructional day.

129 32.09 At least one (1) observation during the performance appraisal shall be in a class

within the Teacher’s area of qualification unless the Teacher is in agreement or the Teacher Performance appraisal is out of cycle or there is a compulsory timeline that must be met.

32.10 The extent of a Teachers’ participation in extra-curricular programs or other

voluntary activities shall not be the subject of adverse commentary in a performance appraisal and shall not be a factor considered in rating any teacher’s performance unsatisfactory.

32.11 In accordance with the Education Act, the Teacher Performance Appraisal

legislation does not include a continuing education teacher. 32.12 The Board agrees to apply the timelines for evaluation in a manner that is

consistent with its obligations under the Human Rights Code. 32.13 When a teacher receives an unsatisfactory performance appraisal, the Board,

with the permission of the teacher, will forward a copy of the report to the Bargaining Unit President.

32.14 Teachers who receive a first Unsatisfactory Teacher Performance Appraisal shall

receive a draft improvement plan within five (5) school days of receiving the signed Summative Report.

130 ARTICLE 33: ANNUAL LEARNING PLAN (ALP) 33.01 Subject to any revisions from the Ministry of Education, the Annual Learning Plan

is teacher-authored and teacher-directed, and is developed in a consultative and collaborative manner with the Principal.

131 ARTICLE 34: CROSS CURRICULAR AND CURRICULUM HEADSHIPS 34.01 The role of the Cross Curricular and Curriculum Headships shall be to provide

instructional, administrative and school leadership. The Cross Curricular and Curriculum Head shall work with other teachers in a school to promote collaboration, school success, and school and departmental objectives. Teamwork must be central to the achievement of these objectives and collaboration promotes their collective ownership. The relationship of a Head to the members of her/his department is one of mentorship, co-ordination and team leadership. Cross Curricular and Curriculum Heads shall not supervise, evaluate or discipline other employees.

34.02 Headships will be allocated annually based average daily enrolment (ADE)

projections used during the preliminary initial staffing. 34.03 Headships will be allocated in schools in accordance with the following:

Projected Average Daily (ADE) Enrolment No. of Headships

Under 700 7 700 – 799 8 800 - 999 9 1000 - 1249 10 1250 - 1499 11 1500 - 1999 12 2000 and above 13

In the case of the establishment of a new school, the number of headships will be determined in consultation with the Associate Director Instructional Support Services and the Bargaining Unit President, but not less than the above formula. The postings for all Headships in a new school will occur before all other posting of vacancies in the staffing process.

34.04 In a subsequent year, where the ADE projections increase beyond a trigger

number, the additional headship will be granted for the following year. 34.05 Should the ADE projections decrease below a trigger number, in the first year,

the number of headships will not be reduced. If the enrolment stays below the trigger for a second year, however, the position will be removed.

132 34.06 When a Cross Curricular and Curriculum Head position is added or removed, the

Principal will consult with S.A.A.C. to attempt to reach a consensus. If there is no consensus, the Superintendent of Education and the Bargaining Unit representative will be asked to assist. Should there remain a dispute at the end of this review, then the matter will be referred to the Joint Staffing Committee for further discussion. If no agreement is reached in this forum, then the decision of the Director of Education or designate will be binding.

34.07 Headships will be established in either defined curriculum areas or in a cross-

curricular school leadership role. 34.08 Each school will have a minimum of five curriculum headships that are chosen

from one or a combination of the OSS curriculum areas which include Arts (music, visual arts, drama, dance), Business, Canadian and World Studies, Cooperative Education and Experiential Learning, English, ESL, French as a Second Language, Guidance and Career Education, Health and Physical Education, International Languages, Mathematics, Native Studies, Resource Centre, Science, Social Science and Humanities, Special Education and Technological Studies. Each credit course offered by the school will be tied to a curricular headship.

34.09 Curriculum headships will be for a fixed five (5) year term. At the end of the fixed

five year term, all curriculum headships are advertised as part of the staffing process. Individuals who have held a curriculum headship are eligible to apply to any headship for which they are qualified.

34.10 If the school decides to change the Cross Curricular and Curriculum Headship

structure, the Principal will consult with S.A.A.C. to attempt to reach a consensus. If there is no consensus, the Superintendent of Education and the Bargaining Unit representative will be asked to assist. Should there remain a dispute at the end of this review, then the matter will be referred to the Joint Staffing Committee for further discussion. If no agreement is reached in this forum, then the decision of the Director of Education or designate will be binding.

34.11 The qualification for a curriculum headship is a specialist qualification in one of

the subject areas contained within the curriculum headship. 34.12 If a teacher relinquishes his or her headship during the five year term, his or her

successor will be appointed to the balance of the term.

133 34.13 Cross-curricular headships will have leadership responsibilities within the school

related to Ministry, Board or school programs or initiatives. 34.14 Cross-curricular heads will be for a one (1) year term with an option to renew for

an additional one (1) year. The nature of responsibility may change from year to year, with input from the incumbent. If the school decides to change the responsibilities, the Principal will consult with S.A.A.C. to attempt to reach a consensus. If there is no consensus, the Superintendent of Education and the Bargaining Unit representative will be asked to assist. Should there remain a dispute at the end of this review, then the matter will be referred to the Joint Staffing Committee for further discussion. If no agreement is reached in this forum, then the decision of the Director of Education or designate will be binding.

34.15 A school will have a maximum of three (3) cross-curricular headships except

where the ADE is less than 800, where only two (2) cross-curricular headships are permitted.

34.16 An individual must hold a specialist qualification in any area to be eligible to hold

a cross-curricular headship. 34.17 If there is a demonstrated need for a change in the Cross Curricular and

Curriculum Headship structure during the term of a headship, the Principal will consult with S.A.A.C. to attempt to reach a consensus. If there is no consensus, the Superintendent of Education and the Bargaining Unit representative will be asked to assist. Should there remain a dispute at the end of this review, then the matter will be referred to the Joint Staffing Committee for further discussion. If no agreement is reached in this forum, then the decision of the Director of Education or designate will be binding.

34.18 If an incumbent is temporarily unavailable for 20 consecutive instructional days

or more (for teacher funded leave, secondment or to take a position as an instructional coach, for example) then the position in its entirety will be filled by an acting headship for the duration of the head’s absence as outlined in Article 16.05 c) of the Collective Agreement. The filling of a vacancy for a period of less than twenty (20) days is at the discretion of the Board.

34.19 All vacant headships in established schools will constitute the first posting of

vacancy in the staffing process with the exception of new school openings.

134

Appendix A

Peel District School Board Form 5(b)

Employee Funded Leaves - Application Secondary

Name Emp. No.

School

Home Address

Department Number in Dept. (including Head)

Date of Appointment to Peel

Have you previously been granted a Leave? No Yes

Type Year I have read the terms and conditions of the Peel District School Board’s Teacher Funded Leave Plan and hereby agree to enter the Plan under the following terms and conditions.

1. I wish to enroll in the (check one)

Sabbatical Leave with Salary Holdback Plan

Deferred Salary Leave

Payments into plan commencing:

2. I shall take my leave from the Peel District School Board

from to

3. I agree to have the Peel District School Board make appropriate deductions from my gross salary including any allowance on each pay date as specified in the Collective Agreement and to have the Board apply this amount toward the financing of my leave under this Plan.

4. It is understood by both the Board and the Teacher that the terms of the Teacher Funded Leave Plan will remain in force as it pertains to said Teacher until the Teacher returns to regular duty.

5. In accordance with Article 12.12, I appoint

as my beneficiary.

6. I further agree to the terms and conditions as set out in the Collective Agreement.

7. I acknowledge that according to the Income Tax Act I am required to pay income tax on the interest generated in the fund.

8. The implications that may result from the choice of plan selected are the responsibility of the participant. These include the choice of period of time selected, as well as pension and income tax implications.

I agree to the terms of the leaves policy in that this leave will not be to pursue employment that is in direct conflict with the interests of the Peel District School Board or public education.

Date Teacher’s Signature

Director of Human Resources Witness (to Teacher’s Signature)

Application is to be received in the Human Resources Department by January 31st.

135

Appendix B February 28, 2001 Re: Non-Owned Automobile Liability Insurance Coverage This letter is written to clarify certain points regarding the Board's Non-Owned Automobile Liability Insurance Coverage. This coverage provides for a limit of liability of $15,000,000 (fifteen million dollars) in the event that any employee, volunteer, student or trustee of the Peel District School Board is involved in an accident where the Third Party sues the driver as well as the School Board. The owner's vehicle liability insurance is always the primary coverage. Coverage includes approved trips established in accordance with the Peel District School Board regulations while acting as an employee, volunteer, student or trustee, and is not restricted to regular school hours. Approved trips are trips approved by a senior official, e.g., Vice Principal, Principal, Superintendent of Schools, in accordance with the regulations established by the Peel District School Board. In an emergency situation, e.g., transporting an injured student for medical attention, where it may not be possible to obtain such approval, the insurer would not invalidate a claim. Yours truly, Ms. Rani K. Dhaliwal Controller, Finance & Administration

136 APPENDIX "C"

SCOTT MOREASH

PEEL DISTRICT ASSOCIATE DIRECTOR

SCHOOL BOARD INSTRUCTIONAL SUPPORT SERVICES

MIKE BETTIOL

PRESIDENT

OSSTF DISTRICT 19

July 25, 2015 To: Secondary Principals and Vice Principals OSSTF Branch Presidents c: Superintendents of Education – Secondary

Re: Early Progress Reports

This memo represents a reminder regarding early progress reports:

All schools must produce a web-based " Early Progress Report"

All students will receive an Early Progress Report

Reports should only contain information on learning skills

A comment is mandatory for students who are performing at Level 1 or 2 and for students who are disengaged for a variety of reasons;

The n/a designation will only be used in those rare cases where there is insufficient information upon which to base an assessment

Reports should be issued in mid-October and mid-March for semestered schools and mid-October only for non-semestered schools.

Effective Practice:

Principals engage teachers in collaborative discussion around the importance of assessment for learning and the need to align practices across the board

Principals will create opportunities, where appropriate, to provide training in the use of the early progress report

Timelines for completion of the web-based report are developed that are reasonable in terms of teachers having sufficient data to make informed decisions for reporting and in terms of having adequate time to complete the reports to meet deadlines

Access to school computers is made convenient for teachers through the opening of school labs during the day and outside of the school day as needed

Schools communicate the intent of the early progress report to both students and parents as assessment for learning.

137 APPENDIX "D" – LETTERS OF INTENT

RE: BARGAINING UNIT MEETINGS The Board acknowledges that past practice has allowed Branch Affiliates to hold meetings at the worksite, at reasonable times and reasonable locations, subject to the permission and discretion of the Board, and will permit this practice to continue. Any problems experienced by the Bargaining Unit or the Board in this regard may be referred to the Liaison Committee.

RE: COMMUNICATION OF CHANGES IN BOARD POLICY At recent collective bargaining negotiations, the parties discussed the need to communicate changes in policy of the Board which will directly affect Teachers, pursuant to Article 9.05 of the Collective Agreement. The parties agreed to refer to the Liaison Committee the issue of the process to be followed in communicating such policy changes.

RE: EXTRA CURRICULAR ACTIVITIES The Board values the voluntary work of the Teachers in extra curricular activities with students and is committed to providing an environment in which their voluntary contribution can enhance students' school life.

RE: UNION AFFILIATION OF SPECIAL EDUCATION TEACHERS Effective September 2006, the parties agree to implement the ruling of the Ontario Labour Relations Board dated October 28, 2003 involving Kawartha Pine Ridge DSB, with respect to the union affiliation of Teachers employed to teach special education needs students of secondary school age at the Applewood Acres and Parkholme school and satellite locations. ETFO members moving into OSSTF positions shall maintain their current seniority/start date held with the Peel District School Board. The Board will honour the Teachers' QECO rating for purposes of grid placement until August 31, 2010 by which time the Teachers will be required to present an OSSTF Certification Rating Statement for the purpose of salary categorization effective September 1, 2010.

138 APPENDIX "D" – LETTERS OF INTENT (continued)

RE: LIAISON COMMITTEE At recent collective bargaining negotiations, the parties agreed to refer the following issues to the Liaison Committee for discussion:

Individual Education Plans

Posting of Second Semester Vacancies for February 2010

139 APPENDIX "E" – LETTERS OF UNDERSTANDING

LETTER OF UNDERSTANDING

RE: ROY MCMURTRY SCHOOL

The Board agrees that any changes regarding Roy McMurtry School which will directly impact the working conditions of Teachers, shall be communicated to the President of the Bargaining Unit by the applicable member of the Senior Administration or designate. The Board agrees to consider the input from the Bargaining Unit prior to a final decision being made by the Board. The final decision of the Board will be communicated to the President of the Bargaining Unit or designate.

140 APPENDIX "E" – LETTERS OF UNDERSTANDING (continued)

LETTER OF UNDERSTANDING

RE: SCHOOL CLOSURES

In the event of an announcement of a secondary school closure the President of the Bargaining Unit will be notified and the parties will establish a committee comprised of equal representation of up to three (3) members of the Bargaining Unit and up to three (3) representatives of the Board to develop a staffing protocol. Any agreed protocol shall include, but not be limited to the following:

a) No Teacher shall, by reason of school closure, be deprived of the Teacher’s rights to placement in a position elsewhere in the system according to Seniority (Article 17) and Transfer and Surplus (Article 16).

b) The impact on Positions of Responsibility.

c) The feasibility and timing of a dedicated posting round for those teachers who are declared excess from the closing school in advance of the regular posting process.

141

This Collective Agreement is

Dated and executed this _25th day of ___ July____, 2015.

INDEX Abilities Form.............................................................................................. 21, 22 Acting Administrative Positions ....................................................................... 126 Administrative Placement Days ........................................................................ 85 Administrative Transfer .................................................................................... 77 Adult Day School Seniority ............................................................................. 101 Adult Day School Staffing ............................................................................... 102 Allowance (Cross Curricular and Curriculum Headships) ............................... 111 Allowance (Extra University Degrees) ............................................................ 112 Allowance (Responsibility for Admin Positions) .............................................. 111 Allowance (Specialist's Certificate in Special Education) ................................ 113 Amendments .................................................................................................... 43 Arbitration ..................................................................................................... 7, 51 Assigned by Mutual Agreement (formerly Deemed) ......................................... 77 Automobile Liability Insurance ........................................................................ 135 Bargaining Unit Meetings ............................................................................... 137 Benefits ................................................................................................ 9, 26, 116 Board Liability Insurance ........................................................................ 118, 135 Bumping ........................................................................................................... 85 Category Placement ....................................................................................... 107 Class Sizes....................................................................................................... 70 Communication of Changes in Board Policy ............................................. 55, 137 Compensating Days Off ................................................................................. 113 Continuing Education Teachers ........................................................................ 97 Contract Portion of Recall List .......................................................................... 77 Credit Recovery Program ................................................................................. 76 Criminal Record Checks ................................................................................. 127 Deduction Schedule ....................................................................................... 114 Definitions .................................................................................................... 3, 42 Dual Credit Courses ......................................................................................... 76 Early Progress Reports .................................................................................. 136 E-Learning ........................................................................................................ 75 Excess to School .............................................................................................. 77 Extra-Curricular Activities ............................................................................... 137 Family Medical Leave ....................................................................................... 11 Family Responsibility Leave ............................................................................. 67 Federation Officers ........................................................................................... 44 Filling Further Vacancies .................................................................................. 86 Grievance Procedure.................................................................................... 5, 48 Half-credit Courses ........................................................................................... 75 Health and Safety ............................................................................................. 94 Identification of Excess to School ..................................................................... 81 Integration ........................................................................................................ 77 Joint Staffing Committee (J.S.C.) ..................................................................... 68 Leaves of Absence With Loss of Pay ............................................................... 67 Leaves of Absence Without Loss of Income or Sick Leave Credit .................... 66 Letters of Discipline .......................................................................................... 55 Liaison Committee .................................................................................... 93, 138 Long Term Disability ................................................................................. 10, 117 Lunch ............................................................................................................... 75

143 Management Rights ......................................................................................... 54 Medical Certificates ........................................................................................ 117 Medical Procedures .......................................................................................... 95 Method of Payment ........................................................................................ 114 Multi-grade Classes .......................................................................................... 74 New Positions ................................................................................................. 114 New Positions - Continuing Education .............................................................. 99 Night School/Summer School ......................................................................... 125 No Discrimination ........................................................................................... 121 Notice of Resignation or Retirement ................................................................. 92 On Calls ..................................................................................................... 73, 74 Other Professional Duties ........................................................................... 73, 74 Part-Time Teachers .................................................................................. 80, 113 Performance Appraisals ................................................................................. 128 Personal Leaves of Absence ............................................................................ 66 Physical Environment/Health and Safety .......................................................... 94 Pregnancy/Parental Leave ......................................................................... 36, 57 Probationary Teachers ..................................................................................... 53 Professional Development Leave ................................................................... 122 Professional Judgement ............................................................................... 3, 18 Purpose and Scope .......................................................................................... 41 Qualified ........................................................................................................... 77 Recall List ......................................................................................................... 77 Recognition ...................................................................................................... 44 Regional Seniority List ................................................................................ 77, 90 Related Experience ........................................................................................ 109 Resignation or Retirement ................................................................................ 92 Retirement Allowance ............................................................................... 20, 119 Roy McMurtry ........................................................................................... 76, 139 Salary Schedule ............................................................................................. 104 Salary Schedule - Continuing Education .......................................................... 99 School Closures ............................................................................................. 140 School Staff ...................................................................................................... 78 School Year/School Day ................................................................................... 96 Semester or Term One - Submission of Marks ................................................. 75 Seniority ........................................................................................................... 90 Sick Leave ................................................................................................ 13, 117 Special Assignments ...................................................................................... 113 Special Leave of Absence ................................................................................ 61 Staff Allocation ................................................................................................. 72 Staff Assignment Advisory Committee ............................................................. 72 Step Placement .............................................................................................. 108 STPDL............................................................................................................ 122 Strikes or Lockouts ........................................................................................... 47 Supervision................................................................................................. 73, 74 Supplemental Employment Benefits (SEB) ...................................................... 11 Surplus to Region ....................................................................................... 78, 81 Teacher Funded Leaves ................................................................................... 62 Teacher in Charge .......................................................................................... 126 Teacher Performance Appraisals - TPA's ....................................................... 128 Teacher Workload ............................................................................................ 73 Teachers Bargaining Unit Levy ......................................................................... 46

144 Teaching Experience ...................................................................... 108, 109, 110 Term of Agreement ............................................................................................ 2 Termination and Recall ..................................................................................... 87 Terms of Salary Payments ............................................................................. 115 Transfer and Surplus ........................................................................................ 77 Union Affiliation of Special Education Teachers ............................................. 137 Union Dues and Assessments .......................................................................... 46 Voluntary Administrative Transfer ..................................................................... 84 Voluntary Transfer ...................................................................................... 78, 83 Workload .......................................................................................................... 73 Workplace Violence.......................................................................................... 94

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Transcript of O.S.S.T.F. - Collective Agreement - Pages - Home and...Collective Agreement Between Ontario...