agreement - ontario · for the purpose of this agreement,the cta is composed of the ontario...

88
AGREEMENT Between HAMILTON-WENTWORTH CATHOLIC DISTRICT SCHOOL BOARD and THE LABOURERS' INTERNATIONAL UNION OF NORTH AMERICA (LIUNA LOCAL 837 - CUSTODIAN & MAINTENANCE EMPLOYEES) September 1, 2014- August 31, 2017

Upload: others

Post on 16-Jul-2020

2 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

AGREEMENT

Between

HAMILTON-WENTWORTH CATHOLIC

DISTRICT SCHOOL BOARD

and

THE LABOURERS' INTERNATIONAL UNION

OF NORTH AMERICA

(LIUNA LOCAL 837 - CUSTODIAN & MAINTENANCE EMPLOYEES)

September 1, 2014- August 31, 2017

Page 2: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

PART A

TERMS NEGOTIATED CENTRALLY

BETWEEN

ONTARIO CATHOLIC SCHOOL TRUSTEES' ASSOCIATION (OCSTA)

AND

ONTARIO COUNCIL OF EDUCATION WORKERS (OCEW) (LIUNA Local 837)

Page 3: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

OCEW PART A: CENTRAL TERMS

OCEW- APPENDIX I TO MOS ......................................................................................................1

Cl.OO Structure and Content of Collective Agreement (ALL JOB CLASSIFICATIONS) .................1

Cl.1 Separate Central and Local terms........................................................................................................1

C1.2 Implementation...................................................................................................................................1

C1.3 Parties ..................................................................................................................................................1

Cl.4 Single Collective Agreement ................................................................................................................1

C2.00 LENGTH OF TERM/NOTICE TO BARGAIN/R ENEWAL (ALLJOB CLASSIFICATIONS) ...........1

a) Single Collective Agreement................................................................................................................1

b) Term of Agreement..............................................................................................................................1

c) Where Term Less Than Agreement Term............................................................................................1

d) Term of Letters of Understanding .......................................................................................................1

e) Amendment ofTerms..........................................................................................................................1

f) Notice to Bargain .................................................................................................................................2

C3.00 DEFINITIONS .................................................................................................................2

C4.00 CENTRAL LABOUR RELATIONS COMMITIEE ..................................................................3

C5.00 CENTRAL GRIEVANCE PROCESS .....................................................................................3

1. Definitions............................................................................................................................................3

2. Central Dispute Resolution Committee...............................................................................................3

3. The grievance shall include:.................................................................................................................4

4. Referral to the Committee:..................................................................................................................4

5. Voluntary mediation:...........................................................................................................................5

6. Selection of the Arbitrator:..................................................................................................................5

C6.00 WORK YEAR ..................................................................................................................5

C7.00 SPECIALIZED JOB CLASSES .............................................................................................5

C8.00 VESTED RETIREMENT GRATUITY VOLUNTARY EARLY PAYOUT .......................................5

C9.00 BENEFITS.......................................................................................................................6

C9.1 Funding ................................................................................................................................................6

C9.2 Cost Sharing.........................................................................................................................................6

Page 4: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

C9.3 Payment in Lieu of Benefits/Alternative Arrangements......................................................................6

C9.4 Other

Benefits......................................................................................................................................6

C10.00 STATUTORY LEAVES OF ABSENCE/SEB .......................................................................6

C10.1 Family Medical leave or Critically Ill Child Care Leave ........................................................................6

Supplemental Employment Benefits (SEB) .......................................................................................................7

Cll.OO SICK LEAVE ................................................................................................................7

C11.1 Sick Leave/Short Term Leave and Disability Plan - Employees (excluding casual and term

employees)........................................................................................................................................................7

a) Sick Leave Benefit Plan.........................................................................................................................7

b) Sick Leave Days.....................................................................................................................................7

c) Short-Term leave and Disability Plan (STLDP) .....................................................................................7

Eligibility and Allocation................................................................................................................................8

d) WSIB&LTD........................................................................................................................................... 8

e) Short-Term Leave and Disability Plan Top-up ......................................................................................9

f) Sick Leave and STLDP Eligibility and Allocation for Employees in a Long-Term Assignment...............9

g) Administration....................................................................................................................................lO

h) Proof of lllness....................................................................................................................................10

i) Pension Contributions While on Short Term Disability......................................................................10

C12.00 AITENDANCE AT MANDATORY MEETINGS/SCHOOL EVENTS ...................................ll

Appendix A- RETIREMENT GRATUITIES .....................................................................................12

Sick Leave Credit-Based Retirement Gratuities (where applicable) ...............................................................12

APPENDIX B - ABILITIES FORM ..................................................................................................13

LEITER OF AGREEMENT #1.......................................................................................................15

RE:Job

Security....................................... .........................................................................................................15

LEITER OF AGREEMENT #2 .......................................................................................................17

RE: Early Childhood Educators Work Group ...................................................................................................17

LEITER OF AGREEMENT #3 .......................................................................................................18

RE: Scheduled Unpaid Leave Plan..................................................................................................................18

LEITER OF AGREEMENT #4 .......................................................................................................20

RE: Benefits....................................................................................................................................................20

Appendix A- HRIS File ..............................................................................................................27

Page 5: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

LEITER OF AGREEMENT #5 .......................................................................................................28

RE: Professional Activity Day ..........................................................................................................................28

LEITER OF AGREEMENT #6 .......................................................................................................29

RE: Long Term Disability (LTD) Plan Working Group....................................................................................... 29

LEITER OF AGREEMENT #7 .......................................................................................................30

RE: Sick Leave..................................................................................................................................................30

LEITER OF AGREEMENT #8 .......................................................................................................31

RE: Violence Prevention Training....................................................................................................................31

LEITER OF AGREEMENT #9 .......................................................................................................32

RE: Employment Insurance (E.I.) Rebate .......................................................................................................32

LEITER OF AGREEMENT #10 .....................................................................................................33

RE: Professional Development........................................................................................................................33

LEITER OF AGREEMENT #11.....................................................................................................34

RE: Children's Mental Health,Special Needs and Other lnitiatives................................................................34

LEITER OF AGREEMENT #12 .....................................................................................................35

RE:Status Quo Central Items.......................................................................................................................... 35

LEITER OF AGREEMENT #13 .....................................................................................................36

RE: Status Quo Central Items as Modified by this Agreement .......................................................................36

Page 6: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

1

PART A: CENTRAL TERMS

OCEW- APPENDIX I TO MOS

The following constitute the central terms and shall be inserted as Part A of the collective

agreement.

Cl.OO STRUCTURE AND CONTENT OF COLLECTIVE AGREEMENT (ALL JOB CLASSIFICATIONS)

Cl.l Separate Central and Local terms

The collective agreement shall consist of Central Terms and Local Terms.

C1.2 Implementation

Central Terms 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.

C1.3 Parties

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

If applicable, Central collective bargaining shall be conducted by the central employer

and employee bargaining agencies representing the local parties.

C1.4 Single Collective Agreement

Central Terms and Local Terms shall together constitute a single collective agreement.

C2.00 LENGTH OF TERM/NOTICE TO BARGAIN/RENEWAL (ALL JOB CLASSIFICATIONS)

a) Single Collective Agreement

a. The Central and Local Terms of this collective agreement shall constitute a single

collective agreement for all purposes.

b) Term of Agreement

a. In accordance with Section 36 and subsection 41(1) of the School Boards Collective

Bargaining Act,2014, 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.

c) Where Term Less Than Agreement Term

a. Where a provision of this collective agreement so provides, the provision shall be in

effect for a term less than the term of the collective agreement.

d) Term of Letters of Understanding

a. Subject to Section 36 of the School Boards Collective Bargaining Act, 2014, all

Central Letters of Understanding appended to this agreement, or entered into after

the execution of this agreement shall, unless otherwise stated herein,form part of

the collective agreement,run concurrently with it,and have the same termination

date as the agreement.

e) Amendment of Terms

a. In accordance with Section 42 of the School Boards Collective Bargaining Act, 2014,

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.

Page 7: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

2

f) Notice to Bargain

a. Where central bargaining is required under the School Boards Collective Bargaining

Act,2014, notice to bargain centrally shall be in accordance with Sections 28 and 31

of that Act,and with Section 59 of the Labour Relations Act, 1995.

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.

c. Notice to bargain centrally constitutes notice to bargain locally.

d. Where no Central Table is designated,notice to bargain shall be consistent with

section 59 of the Labour Relations Act, 1995.

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 the Local Terms

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 Council of

Trustees' Association (CTA) and the Employee Bargaining Agency, the Ontario Council of

Educational Workers (OCEW).

The Ontario Council of Educational Workers (OCEW) refers to the designated Employee

Bargaining Agency pursuant to subsection 20 (2) of the Act for central bargaining with respect

to employees in the bargaining units for which OCEW is the designated employee bargaining

agency. The OCEW is composed of:

1. COPE Ontario and its Locals 103,429, 454,527 and 529.

2. Educational Resource Facilitators of Peel.

3. Essex and Kent Counties Skilled Trades Council.

4. Labourers' International Union of North America, Local 837.

5. Maintenance and Construction Skilled Trades Council.

6. Ontario Public Service Employees Union.

The Council of Trustees' Associations (CTA) refers to the designated employer bargaining

agency pursuant to subsection 21(6) of the Act for central bargaining with respect to

employees in the bargaining units for which OCEW is the designated employee bargaining

agency. For the purpose of this agreement,the CTA is composed of the Ontario Catholic School

Trustees' Association and the Ontario Public School Boards' Association.

C3.3 "Employee" shall be defined as per the Employment Standards Act .

C3.4 "Casual Employee" means,

i. a casual employee within the meaning of the local collective agreement,

ii. if clause i. does not apply,an employee who is a casual employee as agreed upon by the

board and the bargaining agent, or

iii. if clauses i. and ii. do not apply, an employee who is not regularly scheduled to work

Page 8: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

3

C3.5 "Term Assignment" means, in relation to an employee,

i. a term assignment within the meaning of the local collective agreement,or

ii. where no such definition exists,a term assignment will be defined as twelve (12) days of

continuous employment in one assignment

C4.00 CENTRAL LABOUR RELATIONS COMMITTEE

C4.1 The CTA and OCEW 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.

C4.5 The committee shall include up to six (6) representatives from OCEW and up to six (6)

representatives from the CTA. The parties agree that the Crown may attend meetings.

C4.6 OCEW and CTA representatives will each select one co-chair.

C4.7 Additional representatives may attend as required by each party.

CS.OO CENTRAL GRIEVANCE PROCESS

CENTRAL GRIEVANCE PROCESS (ALL JOB CLASSIFICATIONS)

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.

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" to the grievance process shall be defined as the Council of

Trustees' Association and the Ontario Council of Educational Workers (OCEW).

c. The "Local Parties" shall be defined as the parties to the collective agreement.

d. "Days" shall mean regular school days.

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 the Council of Trustees'

Association,two (2) representatives of the Crown and four (4) representatives from

the OCEW.

b. The Committee shall meet at the request of one of the Central Parties. The

Committee may meet in person,by tele or video conference or in any other manner

agreeable to the committee.

c. The Central Parties shall each have the following rights:

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

Page 9: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

4

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 finaland binding arbitration at any time.

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

111. 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 CentralParties and the Crown shall be responsible for their own costs for

the central dispute resolution process.

3. The grievance shall include:

a. Any centralprovision 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.

4. Referralto 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.

d. If the grievance is not settled,withdrawn,or referred to the local grievance

procedure by the Committee acting by consensus,the central party who has filed

the grievance may,within a further 10 days, refer the grievance to arbitration.

e. If the grievance is referred to arbitration,the other responding central party shall file

a detailed statement of any relevant facts and its position on any issues remaining in

dispute with the other CentralParty and the Crown within 10 days. Within a further

10 days,the Crown shall advise the parties of its intent to intervene in the

arbitration process and shall include a detailed statement of any relevant facts and

its position on any issues remaining in dispute and file that statement with the

Central Parties.

f. All timelines are directory and may be extended by mutual consent of the parties.

Page 10: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

5

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.

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.

7. The arbitrator shall have all of the powers provided to arbitrators under the Labour

Relations Act and under section 43 of the School Boards Collective Bargaining Act,2014

and the authority to order a remedy which the arbitrator considers just and reasonable.

CG.OO WORK YEAR

CG.l The fulltime work year for all employees' employed in EA and ECE job classes shall be a

minimum of 194 work days to correspond with the school year calendar.

C7.00 SPECIALIZED JOB CLASSES

Where there is a difficulty with recruitment or retention for a particular specialized job

class in which the pay rate is below the local market value assessment of that job class,

the Local Parties may agree to apply a temporary skills shortage allowance to that job

class in order to assist with recruitment and retention.

CS.OO VESTED RETIREMENT GRATUITY VOLUNTARY EARLY PAYOUT

a) An Employee 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 employee's normal retirement date.

b) The employee 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 611ess the employee's age as at June 30,2016.

d) If an Employee is 61years 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.

e) Where the employee opts for an early payout of the retirement gratuity,an

employee may request the retirement gratuity,or a portion thereof,be transferred

Page 11: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

6

to an RRSP or OMERS AVC (Additional Voluntary Contribution) account. The

employer will transfer the retirement gratuity,or portion thereof, to an RRSP or

OMERS AVC account based on appropriate documentation and forms, completed by

the employee,from their financial institution. The payout,whether transferred as

described above or paid directly to the employee,is subject to withholdings in

accordance with CRA requirements.

C9.00 BENEFITS

The parties have agreed to participate in a Provincial Benefit Trust, subject to the conditions 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:

C9.1 Funding

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

#4.

C9.2 Cost Sharing

With respect to the funding in C9.1, should there be an amount of employee co-pay, the Trust

shall advise boards what that amount shall be. Unless advised otherwise, there will be no

deductions upon the Participation Date.

Any other cost sharing or funding arrangements as per previous local collective agreements in

effect as of August 31,2014 remain status quo.

C9.3 Payment in Lieu of Benefits/Alternative Arrangements

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. For all

construction or maintenance employees participating in a benefits plan provided by their

construction union or affiliate,payment for this arrangement will remain the on-going

obligation of the affected boards.

C9.4 Other Benefits

Any other benefits not described above remain in effect in accordance with terms of collective

agreements as of August 31, 2014.

ClO.OO STATUTORY LEAVES OF ABSENCE/SEB

C10.1 Family Medical leave or Critically Ill Child Care Leave

a) Family Medical Leave or Critically Ill Child Care leaves granted to an employee under this

Article shall be in accordance with the provisions of the Employment Standards Act, as

amended.

b) The employee will provide to the employer such evidence as necessary to prove

entitlement under the ESA.

c) An employee 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.

Page 12: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

7

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

e) Where an employee 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 employee must agree to provide for payment for the

employee's share of the benefit premiums,where applicable.

f) In order to receive pay for such leaves, an employee 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 employees who access such Leaves,a SEB

plan to top up their E.I. Benefits. The permanent employee 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 work year and during a period for which the permanent employee would

normally be paid. The SEB Plan pay will be the difference between the gross amount the

employee receives from E.I. and their regular gross pay.

h) Employees completing a term assignment shall also be eligible for the SEB plan with the

length of the benefit limited by the term of the assignment.

i) SEB payments are available only to supplement E.I. benefits during the absence period

as specified in this plan.

j) The employee 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.

Cll.OO SICK LEAVE

Cll.l Sick Leave/Short Term Leave and Disability Plan- Employees (excluding casual and

term employees)

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 C11.1d) i-v below, full-time Employees will be allocated eleven (11)

sick days at one hundred percent (100%} salary in each school year. Employees who are less

than full-time shall have their sick leave allocation pro-rated.

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

Subject to paragraphs CU.ld) i-v below,full-time Employees will be allocated one hundred

and twenty (120) short-term disability days in September of each school year.Employees

who are less than full-time shall have their STLDP allocation pro-rated. Employees eligible to

access STLDP shall receive payment equivalent to ninety percent (90%} of regular salary.

Page 13: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

8

Eligibility and Allocation

The allocations outlined in paragraphs C11.1b) and c) above, will be provided on the first

day of each school year, subject to the restrictions outlined in C11.1d) i-v below.

i. An employee 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. Where an employee 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 employee 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 C11.1(b) and (c) for a recurrence ofthe same illness or injury will not

be provided to the employee until the employee has completed eleven (11)

consecutive working days at his/her full FTE without absence due to illness.

iv. For the purpose of iii) of this article, eleven (11) consecutive working days of

employment shall not include a period of leave for a medical appointment, which is

related to the illness/injury that had been the reason for the employee's previous

absence, but days worked before and after such leave shall be considered

consecutive. It shall be the employee's obligation to provide medical confirmation

that the appointment was related to the illness/injury.

v. Where an employee 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

employee will continue to access any unused sick leave days or STLDP days from the

previous school year's allocation. In the event the employee 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. Where any employee is not receiving benefits from another source and is working

less than his/her full FTE in the course of a graduated return to work as the

employee recovers from an illness or injury,the employee may use an unused

sick/short term disability allocation remaining, if any, for the employee's FTE that

the employee is unable to work due to illness or injury.

vii. A partial sick leave day or short-term disability day will be deducted for an absence

for a partial day.

d) WSIB & LTD

i. An Employee who is receiving benefits under the Workplace Safety and Insurance

Act, or under a LTD plan, is not entitled to benefits under a school board's sick leave

and short term disability plan for the same condition unless the employee is on a

graduated return to work program then WSIB/LTD remains the first payor.

Page 14: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

9

For clarity,where an employee is receiving partial benefits under WSIB/LTD, they

may be entitled to receive benefits under the sick leave plan, subject to the

circumstances of the specific situation. During the interim period from the date of

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

claim, the employee may access sick leave and short term leave and disability

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

will be undertaken by the school board once the WSIB/LTD has adjudicated and

approved the claim. In the event that the WSIB/LTD does not approve the claim, the

school board shall deal with the absence consistent with the terms of the sick leave

and short term leave and disability plans.

e) Short-Term Leave and Disability Plan Top-up

i. Employees 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.

v. When employees 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 Employees in a Long-Term

Assignment

Notwithstanding the parameters outlined above,the following shall apply to an employee in a

term assignment:

i. Employees working 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 their

working days compared to the full working year for their classification. The length of

the sick leave shall be limited to the length of the assignment.

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. An employee who works more than one term assignment in the same school year

may carry forward Sick leave and STLDP from one term assignment to the next,

provided the assignments occur in the same school year.

Page 15: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

10

g) Adminsi tration

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 Employee 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.

iii. 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 TO.

iv. The employer shall be responsible for any costs related to independent third party

medical assessments required by the employer.

v. The Board shall notify employees and the Bargaining Unit, when they have

exhausted their 11days allocation of sick leave at 100% of salary.

h) Proof of Illness

i. A Board may request medical confirmation of illness or injury and any restrictions or

limitations any Employee may have, confirming the dates of absence and the reason

thereof (omitting a diagnosis). Medical confirmation is required to be provided by

the Employee for absences of five (5) consecutive working days or longer.

ii. Where an Employee does not provide medical confirmation as requested,or

otherwise declines to participate and/or cooperate in the administration of the Sick

Leave Benefit Plan, access to compensation may be suspended or denied. Before

access to compensation is denied, discussion will occur between the Union and the

school board. Compensation will not be denied for the sole reason that the medical

practitioner refuses to provide the required medical information. A school Board

may require an independent medical examination to be completed by a medical

practitioner qualified in respect of the illness or injury of the Board's choice at the

Board's expense.

iii. In cases where the Employee's failure to cooperate is the result of a medical

condition,the Board shall consider those extenuating circumstances in arriving at a

decision.

i) Pension Contributions While on Short Term Disability

Contributions for OMERS Plan Members:

When an Employee/Plan Member is on short-term sick leave and receiving less than 100% of

regular salary,the Board will continue to deduct and remit OMERS contributions based on

100% of the Employee/Plan Member's regular pay.

Contributions for OTPP Plan Members:

When an Employee/Plan Member is on short-term sick leave and receiving less than 100% of

regular salary,the Board will continue to deduct and remit OTPP contributions based on 100%

of the employee/plan member's regular pay.

If the Employee/Plan Member exceeds the maximum allowable paid sick leave before qualifying

for Long-Term Disability (LTD)/Long-Term Income Protection (LTIP), pension contributions will

Page 16: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

11

cease. The Employee/Plan Member is entitled to complete a purchase of credited service,

subject to existing plan provisions for periods of absence due to illness between contributions

ceasing under a paid short-term sick leave provision and qualification for Long-Term Disability

(LTD)/Long-Term Income Protection (LTIP) when employee contributions are waived. If an

Employee/Plan Member is not approved for LTD/LTIP,such absence shall be subject to existing

plan provisions.

C12.00 ATTENDANCE AT MAN DATORY MEETINGS/SCHOOL EV ENTS

Where an Employee is required through direction by the Board to attend work outside of

regular working hours, the provisions of the local collective agreement regarding hours of work,

including any relevant overtime/lieu time provisions, shall apply.

Required attendance outside of regular working hours may include, but is not limited to school

staff meetings, parent/teacher interviews, curriculum nights,Individual Education Plan and

Identification Placement Review Committee meetings, and consultations with Board

professional staff.

Page 17: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

12

APPENDIX A

APPENDIX A- RETIREMENT GRATUITIES

Sick Leave Credit-Based Retirement Gratuities (where applicable)

1. An Employee is not eligible to receive a sick leave credit gratuity after August 31,2012,

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

to receive as of that day.

2. If the Employee is eligible to receive a sick leave credit gratuity,upon the Employee'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 Employee on August 31,2012;and

b) the Employee's salary as of August 31,2012.

3. If a sick leave credit gratuity is payable upon the death of an Employee, 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 Employees 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 Employee have 10 years of service with the Board:

i. Hamilton-Wentworth District School Board

ii. Hamilton-Wentworth Catholic District School Board

Page 18: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

13

Employee Group: Requested By:

WSIBCiaim: 0 Yes 0 No WSIB Claim Number:

Employee Name:

(Please print)

Employee Signature:

Employee ID: Telephone No:

Employee Address:

Work Location:

.

APPENDIX B

APPENDIX B- ABILITIES FORM

To the Employee. The purpose for th1s form 1s to prov1de the Board w1th mformat1on to assess whether you are able to perform the essentialduties of your position, and understand your restrictions and/or limitations to assess workplace accommodation if necessary.

Employees Consent. I authonze the Health Profess1onal mvolved w1th my treatment to prov1de to my employer th1s 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 infonnation should be completed by the Health Care Professional

Please check one:

0 Patient is capable of returning to work with no restrictions.

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

0 Ihave 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 Professionalto complete. Please outline your patient's abilities and/or restrictions based on your objective medicalfindings.

PHYSICAL (If applicable}

Walking:

D Full Abilities

D Up to 100 metres

0 100 - 200 metres

0 Other (please specify):

Standing:

D Full Abilities

D Up to 15 minutes

0 15 - 30 minutes

0 Other (please specify):

Sitting:

D Full Abilities

0 Up to 30 minutes

0 30 minutes - 1 hour

0 Other (please specify):

Lifting from floor to waist:

D Full Abilities

0 Up to 5 kilograms

0 5 - 10 kilograms

D Other (please specify):

Lifting from Waist to

Shoulder:

0 Full abilities

0 Up to 5 kilograms

0 5- 10 kilograms

0 Other (please specify):

Stair Climbing:

0 Full abilities

D Up to 5 steps

0 6-12 steps

0 Other (please specify):

0 Use of Hand(s):

left Hand Right Hand

0 Gripping 0 Gripping

0 Pinching 0 Pinching

0 Other (please specify): 0 Other (please specify):

Page 19: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

14

0 Bending/twisting 0 Work at or above 0 Chemical exposure to: Travel to Work:

repetitive movement of shoulder activity: Ability to use public transit 0 Yes 0 No

(please specify):

Ability to drive car 0 Yes 0 No

2B: COGNITIVE (please com Jete all that Is applicable)

Attention and Concentration:

0 Full Abilities

0 Limited Abilities

0 Comments:

Following Directions: Decision·Making/Supervision:

0 Full Abilities 0 Full Abilities

0 Limited Abilities 0 Limited Abilities

0 Comments: 0 Comments:

Multi-Tasking:

0 Full Abilities

0 Limited Abilities

0 Comments:

Ability to Organize:

0 Full Abilities

0 Limited Abilities

0 Comments:

Memory: SocialInteraction: Communication:

0 Full Abilities 0 Full Abilities 0 Full Abilities

0 Limited Abilities 0 Limited Abilities 0 Limited Abilities

0 Comments: 0 Comments: 0 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: Have you discussed return to work with your patient?

0 6-10davs 0 11- 15davs 0 16-25 days 0 26 +days 0 Yes 0 No

Recommendations for work hours and start date (if applicable): Start Date: dd mm yyyy

0 Reqular full time hours 0 Modified hours 0Graduated hours

Is patient on an active treatment plan?: 0 Yes UNo

Has a referral to another Health Care Professional been made?

0 Yes (optional- please specify): 0 No

If a referral has been made, will you continue to be the patient's primary Health Care Provider? 0 Yes 0 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:

Page 20: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

15

LETTER OF AGREEMENT #1

RE: Job Security

BETWEEN

The Council of Trustees' Associations

(hereinafter called 'CTA')

AND

The Ontario Council of EducationalWorkers

(hereinafter called the 'OCEW')

The parties acknowledge that Educational Workers contribute in a significant way to student

achievement and well-being.

1. Effective as of the date of central ratification, the Board undertakes to maintain its

Protected Complement,except in cases of:

a. A catastrophic or unforeseeable event or circumstance;

b. Declining enrolment;

c. Funding reductions directly related to services provided by bargaining unit

members; or

d. School closure and/or schoolconsolidation.

2. Where complement reductions are required pursuant to 1. above, they shall be

achieved as follows:

a. In the case of declining enrolment,complement reductions shall occur at a rate not

greater than the rate of student loss, and

b. In the case of funding reductions,complement reductions shall not exceed the

amount of such funding reductions,and

c. In the case of school closure and/or school consolidation,complement reductions

shall not exceed the number of staff prior to schoolclosure/consolidation at the

affected location(s).

Local collective agreement language will be respected, regarding notification to the Union of

complement reduction. In the case where there is no local language the Board will notify the

union within twenty {20) working days of determining there is to be a complement reduction.

3. For the purpose of this Letter of Understanding, at any relevant time, the overall

protected complement is equal to:

a. The FTE number (excluding temporary,casual and/or occasional positions) as at date

of central ratification. The FTE number is to be agreed to by the parties through

consultation at the local level. Appropriate disclosure will be provided during this

consultation.Disputes with regard to the FTE number may be referred to the Central

Dispute Resolution Process.

b. Minus any attrition, defined as positions that become vacant and are not replaced,

of bargaining unit members which occurs after the date of central ratification.

4. Reductions as may be required in 1. above shall only be achieved through lay-off after

consultation with the Union on alternative measures,which may include:

a. priority for available temporary,casual and/or occasional assignments;

b. the establishment of a permanent supply poolwhere feasible;

c. the development of a voluntary workforce reduction program (contingent on full

provincialgovernment funding).

Page 21: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

16

5. The above language does not allow trade-offs between the classifications outlined

below:

a. Educational Assistants/CYWs

b. ECEs/ DECEs

c. Office/CiericaI

d. Custodians/Cleaners

e. Maintenance/ Construction Trades

f. Instructors

g. Professionals (including Speech Pathologists}

h. Information Technology Staff

i. Library Technicians

j. Central Administration

k. Media Specialists

6. Any and all existing local collective agreement job security provisions remain.

7. Staffing provisions with regard to surplus and bumping continue to remain a local issue.

This Letter of Agreement expires on August 30, 2017.

Page 22: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

17

LETTER OF AGREEMENT #2

BETWEEN

The Council of Trustees' Associations

(hereinafter called

'CTA') AND

The Ontario Council of EducationalWorkers

(hereinafter called the 'OCEW')

AND

The Crown

RE: Early Childhood Educators Work Group

The parties agree that within sixty (60) days following central ratification,a committee

consisting of equal numbers of CTA/Crown and OCEW representatives shall convene to

consider and make recommendations concerning, but not limited to the following:

• Compensation rates and methods

• Hours of work

• Preparation time

• FDK class size and split classes

• Extended day program

• Staffing levels

• Professional collaboration and development

The work group shall make joint recommendations to the parties no later than June 30, 2016.

Page 23: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

18

LEITER OF AGREEMENT #3

BETWEEN

The Council of Trustees' Associations

(hereinafter called 'CTA')

AND

The Ontario Council of Educational Workers

(hereinafter called 'OCEW')

RE: Scheduled Unpaid Leave Plan

The following Scheduled Unpaid Leave Plan (SULP) replaces the current Voluntary Leave of

Absence Program (VLAP) and is available to all permanent Employees for the 2015-2016 and

2016-2017 school years. Employees approved for SULP days shall not be replaced.

For Employees who work a 10-month year a School Board will identify:

1) up to two (2) Professional Activity days in the 2015-2016 school year;

2) two (2) Professional Activity days in the 2016-2017 school year;

that will be made available for the purpose of the SULP.

For Employees whose work year is greater than ten (10) months,a school board will designate

days,subject to system and operational requirements, which will be available for the purpose

of the SULP in each of the 2015-2016 and 2016-2017 school years. These Employees will be

eligible to apply for up to two (2) days leave in each of these years.

For the 2015-2016 school year,the available day(s) will be designated no later than thirty (30)

days after central ratification. All interested Employees will be required to apply,in writing,for

the leave within ten (10) days of local ratification, or within ten (10) days from the date upon

which the days are designated, whichever is later. For the 2016-2017 school year, the days will

be designated by June 15,2016.All interested Employees will be required to apply, in writing,

for leave for the 2016-2017 school year by no later than September 30, 2016. Approval of the

SULP is subject to system and operational needs of the Board and School. Approved leave days

may not be cancelled or changed by the school board or the Employee. Half day leaves may be

approved, subject to the system and operational needs of the Board and School.

For Employees enrolled in the OMERS pension,the employer will deduct the Employee and

employer portion of pension premiums for the unpaid days and will remit same to OMERS.

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

Within the purview of the Teachers' Pension Act (TPA),the Minister of Education will seek an

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

Pension Plan (OTPP) to allow for adjusting pension contributions to reflect the Scheduled

Unpaid Leave Plan (SULP) with the following principles:

Contributions will be made by the Employee/Plan Member on the unpaid portion of each

unpaid day, unless directed otherwise in writing by the employee/plan member;

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

Page 24: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

19

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

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

Education); and

The plan amendments will respect any legislation that applies to registered pension plans, such

as the Pension Benefits Act and Income Tax Act.

This Letter of Agreement expires on August 30,2017.

Page 25: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

20

LETTER OF AGREEMENT #4

BETWEEN

The Ontario Public School Board Association

(hereinafter called 'OPSBA')

AND

RE: Benefits

The Ontario Catholic School Trustees Association

(hereinafter called 'OCSTA')

AND

The Ontario Council of Educational Workers

(hereinafter called 'OCEW')

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 (LOA),all references to life,health and dental benefits in the

applicable local collective agreement shall be removed from that local agreement.

The OCEW shall request inclusion into an education sector Employee Life and Health Trust

(ELHT), (hereinafter, the "Trust") within fifteen (15) days of central ratification. Should OCEW

fail to reach agreement,consistent with the parameters contained herein, by February 29,

2016, the parties to this LOA will meet to consider other education sector Trust options in the

Province of Ontario.

The parties to this LOA agree to comply with the Trust's requirements. If the Trust agrees to

accept the request for inclusion,the provisions of the agreement between OCEW and the Trust

shall be reflected in the participation agreement.

The provisions contained herein shall be applicable to OCEW within the Trust.

The Participation Date for OCEW shall be no earlier than September 1, 2016 and no later than

August 31, 2017 and may vary by Board.

The parties agree that there are a number of governance options, of which one governance

option is set out in 1.0.0 below.

1.0.0 GOVERNANCE

OCEW shall be a separate division within the Trust and accounted for separately.

1.2.0 The parties confirm their intention to develop a governance structure that may include

the following:

a) the addition of a non-voting trustee to be appointed by the OCEW to the Board of

Trustees or an alternative representation option available pursuant to the terms of the

Trust

b) the creation of an OCEW subcommittee of the Trust with the following responsibilities

pertaining to the OCEW division:

i. Plan design and amendments,

Page 26: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

21

ii. Use of surpluses,

iii. Necessary actions or decisions required during a period in which the claims

fluctuation reserve is less than 8.3% of annual expenses over a projected three

year period,

iv. Any matter related to capay arrangements,and

v. Any other matters as appropriate.

The sub-committee decisions must comply with the requirements of the Trust and be approved

by the Trust.

2.0.0 ELIGIBILITY and COVERAGE

2.1.0 The following OCEW represented Employees are eligible to receive benefits through the

Trust:

2.1.1 Employees who are covered by the Local Collective Agreement and currently eligible for

benefits provided by the Board in collective agreements.

2.1.2 Retirees who were, and still are, members of a District School Board hereinafter referred

to as the "Board(s)" benefit plan at August 31, 2013 based on the prior arrangements with the

Board.

2.1.3 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.

2.1.4 No individuals who retire after the Board Participation Date are eligible.

2.2.0 The benefit plan may provide coverage for health (including but not limited to vision

and travel), life and dental benefits including accidental death and dismemberment (AD&D),

medical second opinion, and navigational support,subject to compliance with section 144.1of

the ITA. Other Employee benefit programs may be considered for inclusion, only if negotiated

in future central collective agreements.

2.3.0 Each Board shall provide to the Trustees of the ELHT directly,or through its Insurance

Carrier of Record, Human Resource Information System (HRIS) information noted in Appendix A

within one (1) month of notification from the Trustees,in the format specified by the Trustees.

3.0.0 FUNDING

3.1.0 Start-Up Costs

3.1.1 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"). The amount shall be paid to the Trust on or before

September 1,2016.

b. A one-time contribution of 2.6% of annual benefit costs (estimated to be approximately

$615,000),to cover start-up costs and/or reserves.

3.1.2 The one-time contributions in 3.1.1(a) and (b) will be based on the actual cost per year

for benefits (i.e. claims,premiums,administration,tax,risk or profit charges,poolcharges,etc.)

as reported on the insurance carrier's most recent yearly statement for the year ending no later

than August 31, 2015. The aforementioned statements are to be provided to the Ministry of

Education.

Page 27: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

22

3.1.3 The Crown shall pay $300,000 of the startup costs referred to ins. 3.1.1(b) on the date

of ratification of the Central Agreement and shall pay a further $300,000 subject to the

maximum amount referred to ins. 3.1.1(b) by June 1, 2016. The balance of the payments,if

required under s. 3.1.1(b), shall be paid by the Crown on the day the Trust becomes effective.

The funds shall be transferred as instructed by OCEW subject to the province's transfer

payment and accountability requirements.

3.2.0 On-Going Funding

3.2.1 On the day the Board commences participation in the Trust, or as soon as reasonably and

feasibly possible thereafter,all eligible and available surpluses in board-owned defined benefit

plans will be transferred to the Trust in an amount equal to each employee's pro rata share

based on the amount of the Employee's co-share payment of each benefit. The remaining

portion of the Board's surplus will be retained by the Board.

3.2.2 Where there are active grievances related to surpluses, deposits and/or reserves, the

amount in dispute shall be internally restricted by the Board until the grievance is settled.

3.2.3 All Board 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.

3.2.4 Upon release of each Board's IBNR and CFR by the carriers,the reserves will be retained

by the applicable Board. For the Administrative Services Only plans (ASO), a surplus (including

any deposits on hand) that is equal to or less than 15% of the Board's annual benefit cost will

be deemed to be a CFR and IBNR and will be retained by the applicable Board 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 Board and the Trust based on the

employers' and Employees' premium share.

3.2.5 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.

The 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.

3.2.6 Boards with deficits will recover the amount from their CFR and IBNR. Any portion of

the deficit remaining in excess ofthe CFR and IBNR will be the responsibility of the Board.

3.2.7 In order to ensure the fiscal sustainability of said benefit plans,the 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 the Ministry of Education Memo B04:2015 applies and will

remain in effect until Board plans become part of the Trust.

3.2.8 OCEW shall retain rights to their data.

3.2.9 For the current term,the Boards agree to contribute funds to support the Trust as

follows:

Page 28: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

23

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. By January 31, 2016 for Board-owned defined benefit plans,the Boards 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,

auditing 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

district school area board, for the year ending no later than August 31,2015.The

aforementioned statements are to be provided to the Ministry of Education.

TotalCost excludes retiree costs.

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 this clause.

ii. For purposes of i) above,the FTE positions will be those consistent with Appendix H

of the Education Finance Information System (EFIS) for job classifications that are

eligible for benefits and excludes those described in 3.2.9(r).

c. All amounts determined in this Article 3 shall be subject to a due diligence review by

OCEW. The Boards shall cooperate fully with the review, and provide,or direct their

carriers or other agents to provide, a ll data requested by OCEW. If any amount cannot

be agreed between OCEW and a Board,the parties to this agreement shall make every

effort,in good faith,to resolve the issue using the data provided,supporting

information that can be obtained and reasonable inferences on the data and

information. If no resolution to the issue can be achieved,it shall be subject to the

Central Dispute Resolution process.

i. In order that each party be satisfied that the terms of this LOA provide a satisfactory

basis to deliver benefits in the future,each party reserves the right to conduct a

thorough due diligence with respect to existing benefit arrangements (including

benefit terms, eligibility terms, FTE positions in the bargaining unit, historic costs

and trends).Prior to May 1,2016 if either OCEW or the Council of Trustee

Associations (CTA)/ Crown concludes, in good faith,following its due diligence

review,that the terms of the LOA do not provide a satisfactory basis for the

provision of benefits, then either OCEW or the CTA/Crown may declare this LOA to

be null and void,in which case 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 LOA, shall remain in full force and effect.

ii. Prior to September 1, 2016,on any material matter,relating to Article 3.2.9,OCEW or

the CTA/Crown can deem this Letter of Understanding to be null and void. No

Participation Dates for any Board 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, for defined benefit plans,the Boards will contribute to the

Trust the amount determined ins.3.2.9 (b) plus 4% for 2015-16 and 4% for 2016-17.

Page 29: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

24

e. On the participation date, for defined contribution plans,the Boards 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.

f. An amount of $300 per FTE, in addition to 3.2.9 (d) and 3.2.9 (e) will be added to the

base funding in 2016-17.

g. With respect to 3.2.9 (d) and 3.2.9 (e) above,the contributions provided by the Boards

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.

h. The terms and conditions of any existing Employee Assistance Program/Employee

Family Assistance Program and Long-Term Disability Plan shall remain the responsibility

of the respective Board and not the Trust maintaining current Employer and Employee

co-share where they exist. The Board shall maintain its contribution to all statutory

benefits as required by legislation (including but not limited to Canada Pension Plan,

Employment Insurance, Employer Health Tax,etc.).

i. The FTE used to determine the Board's benefits contributions will be based on the

average of the Board's FTE as of October 31st and March 31st of each year.

j. Funding previously paid under 3.2.9 (b), (d), (e) and (f) above will be reconciled to the

agreed October 3tst 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.

k. 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 between the Board and

OCEW.

I. As of the day that a Board commences participation in the Trust, the Board will submit

an amount equal to 1/12th of the negotiated funding amount as defined ins.3.2.1(b),

(d), (e) and (f) to the Plan's Administrator on or before the last day of each month.

m. The Trust will provide the necessary information needed by Boards to perform their

administrative duties required to support the Trust in a timely and successful manner.

n. The Boards shall deduct premiums as and when required by the Trustees of the ELHT

from each member's pay on account of the benefit plan(s) and remit them as and when

required by the Trustees to the Trust Plan Administrator of the ELHT with supporting

documentation as required by the Trustees.

o. Funding for retirees shall be provided based on the costs or premiums in 2014-15

associated with those retirees described in 2.1.2 and 2.1.3 plus 4% in 2015-16 and 4% in

2016-17. Employer and Employee co-shares will remain status quo per local collective

agreements in place as of August 31, 2014 or per existing benefit plan provisions.

p. Some OCEW members currently contribute to the payment of employee benefits at

varying levels in accordance with local collective agreements,generally referred to as

"Co-Pay". This amount is often expressed as a percentage of premiums. Should the

Trust choose to reduce or eliminate the "Co-Pay",the Crown will provide funding

equivalent to the reduction of the "Co-Pay" amount. The reduction to the percentage of

premium,if any, will be converted to a per FTE amount based on the 2014-15

premiums.This election must be made by the last Board's Participation Date.

Page 30: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

25

q. With respect to Casual and Temporary Employees,where payment is provided in-lieu of

benefits coverage this arrangement will remain the on-going obligation of the affected

Boards. Where benefits coverage was previously provided by the Boards for casual and

temporary employees the affected Boards will find a similar plan that is cost neutral to

the Boards, recognizing inflationary cost as follows: plus 4% for 2015-16 and 4% for

2016-17.

r. For all construction or maintenance employees participating in a benefits plan provided

by their construction union or affiliate, payment for this arrangement will remain the

on-going obligation of the affected boards.

4.0.0 TRANSITION COMMITIEE

4.1.0 Subject to the approval of ELHT,OCEW may have representation on the ELHT transition

committee regarding all matters that may arise in the provision of benefits for Employees

represented by OCEW.

5.0.0 PAYMENTS

5.1.0 The Crown will make a recommendation to the Lieutenant Governor in Council to

amend the Grants for Student Needs funding regulation indicating that the funding amount

provided for benefit of the OCEW members must be provided to the Trust in accordance with

the Letter of Agreement.

6.0.0 ENROLMENT

6.1.0 For new hires, each Board shall distribute benefit communication material as provided

by the Union to all new members within 15 to 30 days from their acceptance of employment.

6.2.0 For existing members,the Board shall provide the Human Resource Information System

(HRIS) file with all employment information to the Trustees as outlined in Appendix A.

6.3.0 Where an HRIS file cannot be provided,the Board shall provide the required

employment and member information to the Trust Plan Administrator in advance of the

member commencing active employment or within the first 30 days of the employment date.

The Board shall enter any subsequent demographic or employment changes as specified by the

Trust Plan Administrator within one week of the change occurring.

6.4.0 The benefit administration for all leaves,including Long-Term Disability where

applicable,will be the responsibility of the Trust Plan Administrator. During such leaves, the

Board shall continue to provide HRIS information and updates as defined above.

6.5.0 Each Board shall provide updated work status in the HRIS file a minimum of 2 weeks in

advance of the leave or within the first 15 days following the start of the absence.

7.0.0 ERRORS AND OMISSIONS RELATED TO DATA

7.1.0 Board errors and retroactive adjustments shall be the responsibility of the Board.

7.2.0 If an error is identified by a Board,notification must be made to the Trust Plan

Administrator within seven (7) days of identification of the error.

7.3.0 Upon request by the Trust Plan Administrator,a Board shall provide all employment and

member related information necessary to administer the Provincial Benefit Plan(s). Such

requests shall not be made more frequently than twice in any 12 month period.

Page 31: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

26

7.4.0 The Trust Plan Administrator or designate has the right to have their representatives

review employment records related to the administration of the Trust at a Board office during

regular business hours upon 30 days written notice.

8.0.0 CLAIMS SUPPORT

8.1.0 The Board shall complete and submit the Trust Plan Administrator's Waiver of Life

Insurance Premium Plan Administrator Statement to the Trust Plan Administrator for life waiver

claims when the Trust Plan Administrator does not administer and adjudicate the LTD benefits.

8.2.0 Each Board shall maintain existing beneficiary declarations. When required, the Board

shall provide the most recent beneficiary declaration on file to the Trust Plan Administrator.

Any changes subsequent to the participation date shall be the responsibility of the Trust.

9.0.0 PRIVACY

9.1.0 In accordance with applicable privacy legislation, the Trust Plan Administrator shall limit

the collection, use and disclosure of personal information to information that is necessary for

the purpose of providing benefits administration services. The Trust Plan Administrator's policy

shall be based on the Personal Information Protection and Electronic Documents Act (PIPEDA).

Page 32: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

27

APPENDIX A- HRIS FILE

Each Board may choose to provide to the Trustees of the ELHT directly,or provide authorization

through its Insurance Carrier of Record, to gather,the following information within one (1)

month of notification from the Trustees. The following information shall be provided in the

formats agreed to by the Trustees of the ELHT and the employer representatives:

a. complete and accurate enrolment files for all members,member spouses and eligible

dependents,including:

i. names;

ii. benefit classes;

iii. plan or billing division;

iv. location;

v. identifier;

vi. date of hire;

vii. date of birth;

viii. gender;

ix. default coverage (single/couple/family).

b. estimated return to work dates;

c. benefit claims history as required by the Trustees;

d. list of approved pre-authorizations and pre-determinations;

e. list of approved claim exceptions;

f. list of large amount claims based on the information requirements of the Trustees;

g. list of all individuals currently covered for life benefits under the waiver premium

provision; and member life benefit coverage information.

Page 33: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

28

LETTER OF AGREEMENT #5

BETWEEN

The Ontario Council of Educational Workers

(hereinafter called the 'OCEW'}

AND

The Council of Trustees' Associations

(Hereinafter the 'CTA'}

The Crown

RE: Professional Activity Day

The parties confirm that should there be an additional PA Day beyond the current 6 PA days in

the 2015-16 and/or the 2016-17 school years,there will be no loss of pay for OCEW members

(excluding casual employees} as a result of the implementation of these additional PA days. For

further clarity,the additional PA day will be deemed a normal work day. OCEW members will

be required to attend and perform duties as assigned. Notwithstanding these days may be

designated as SULP days.

Casual employees who are directed to attend training on PA Days will be compensated in

accordance with current local collective agreement provisions.

Page 34: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

29

LETTER OF AGREEMENT #6

BETWEEN

The Ontario Council of Educational Workers

{hereinafter called the 'OCEW')

AND

The Council of Trustees' Associations

{Hereinafter the 'CTA')

RE: long Term Disability (LTD) Plan Working Group

The parties acknowledge that increases in premiums for LTD plans are a significant issue.

The parties agree to review the issue of affordability of LTD plans for both boards and

employees who pay LTD premiums {in whole or in part) in support of existing LTD plan

arrangements.

A joint central committee of Board staff and OCEW members shall be established to review

options related to sustainability and affordability of LTD plans.Options may include,but are not

limited to:

I. Exploring a common plan through a competitive tendering process

II. Exploring other delivery options through a competitive tendering process

Ill. Reviewing joint proposals from local Boards and Bargaining Agents to effect changes to

plan design to reduce costs.

The Central Parties agree that Local Boards and Bargaining Agents may discuss and mutually

agree,outside of the context of collective bargaining,to make plan design changes with a view

to reducing premiums.

Page 35: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

30

LEITER OF AGREEMENT #7

BETWEEN

The Ontario Council of Educational Workers

(hereinafter called the 'OCEW')

AND

The Council of Trustees' Associations

(Hereinafter the 'CTA')

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.

1. Responsibility for payment for medical documents.

2. Sick leave deduction for absences of partial days.

The parties agree that attendance support programs are not included in the terms of this Letter

of Agreement.

This Letter of Agreement will form part of the Central Terms between the parties and will be

adopted by the parties effective upon ratification.This Letter of Agreement shall expire August

30, 2017.

Page 36: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

31

LETTER OF AGREEMENT #8

BETWEEN

The Ontario Council of Educational Workers

(hereinafter called the 'OCEW')

AND

The Council of Trustees' Associations

(Hereinafter the 'CTA')

AND

The Crown

RE: Violence Prevention Training

OCEW will be consulted, through the Central labour Relations Committee, regarding the

development/purchase of a training program on the prevention of violence for Employees

whose core duties require them to work directly in contact with students who may pose a

safety risk.The Crown agrees to fund the development/purchase.

The Central Labour Relations Committee will consider the following points in developing the

training module program including:

• Causes of violence;

• Factors that precipitate violence;

• Recognition of warning signs;

• Prevention of escalation;and

• Controlling and defusing aggressive situations.

• Employee reporting obligations

The training program will be made available to Boards and OCEW no later than November 30,

2016.

Local boards will consult with local unions regarding the implementation of the training

program.

Page 37: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

32

LETTER OF AGREEMENT #9

BETWEEN

The Ontario Council of Educational Workers

(hereinafter called the 'OCEW')

AND

The Council of Trustees' Associations

(Hereinafter the 'CTA')

RE: Employment Insurance (E.I.) Rebate

The parties agree that where the E.I. rebate is used to fund extended health care benefits, it is

connected to the central issue of benefits and is therefore status quo for this round of

bargaining.

Page 38: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

33

LETTER OF AGREEMENT #10

BETWEEN

The Ontario Council of Educational Workers

(hereinafter called the 'OCEW')

AND

The Council of Trustees' Associations

(Hereinafter the 'CTA')

RE: Professional Development

The parties acknowledge the important skills and expertise that Educational Workers contribute

to Ontario's publicly funded schools and their commitment to improving student achievement.

Where the Ministry provides funds to local School Boards specifically to provide professional

development to Employees covered by this collective agreement, local School Boards shall

consult with local Union representatives prior to finalizing and delivering the funded

professional development.

Page 39: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

34

LETTER OF AGREEMENT #11

BETWEEN

The Ontario Council of Educational Workers

(hereinafter called the 'OCEW')

AND

The Council ofTrustees' Associations

{Hereinafter the 'CTA')

AND

The Crown

RE: Children's Mental Health, Special Needs and Other Initiatives

The parties acknowledge the ongoing implementation of the Children's Mental Health Strategy,

the Special Needs Strategy,and other initiatives within the Province of Ontario.

The parties further acknowledge the importance of initiatives being implemented within the

Provincial Schools System including but not limited to the addition of Mental Health Leads, and

the protocol for partnerships with external agencies/service providers.

It is agreed and affirmed that the purpose of the initiatives is to enhance existing mental health

and at risk supports to School Boards in partnership with existing Professional Student Services

Support Staff and other school personnel. It is not the intention that these enhanced initiatives

displace OCEW members,nor diminish their hours of work.

Page 40: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

35

LETTER OF AGREEMENT #12

BETWEEN

The Council of Trustees' Associations

(hereinafter called 'CTA')

AND

The Ontario Council of Educational Workers

{hereinafter called the 'OCEW')

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. Allowances

2. Long Term Disability

3. Hours of Work

4. Work Week

5. Work Year (excluding local arrangements related to summer scheduling) other than

those contained herein

6. Preparation and planning time for all staff whose core duties are directly related to

student/learner instruction

7. Staffing Levels

8. Paid Vacation and Holidays including Statutory Holidays

Page 41: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

36

LETIER OF AGREEMENT #13

BETWEEN

The Council ofTrustees' Associations

(hereinafter called 'CTA')

AND

The Ontario Council of Educational Workers

(hereinafter called the 'OCEW')

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

Definitions

a. "casual employee" means,

i. a casual employee within the meaning of the local collective agreement,

ii. if clause (i) does not apply,an employee who is a casual employee as agreed upon

by the board and the bargaining agent, or

iii. if clauses (i) and (ii) do not apply,an employee who is not regularly scheduled to

work

b. "term assignment" means, in relation to an employee,

i. a term assignment within the meaning of the local collective agreement, or

ii. where no such definition exists,a term assignment will be defined as twelve (12)

days of continuous employment in one assignment

Common Central Provisions

a. Permanent employees and employees in term assignments who are eligible for

pregnancy leave pursuant to the Employment Standards Act, shall receive a SEB plan to

top up their E.I. Benefits. An Employee who is eligible for such leave shall receive the

equivalent of 100% of salary as set out below,for a period immediately following the

birth of her child, but with no deduction from sick leave or the Short Term Disability

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

Employee receives from E.l. 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. The Employee 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.

d. Permanent employees and employees in term assignments not eligible for a SEB plan as

a result of failing to qualify for Employment Insurance will be eligible to receive 100% of

salary from the employer for a total of eight (8) weeks with no deduction from sick leave

or STLDP.

Page 42: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

37

e. Where any part of the eight (8) weeks falls during the period of time that is not eligible

for pay (i.e.summer, March Break,etc.),the full eight {8) weeks of top up shall continue

to be paid.

f. Permanent employees and employees in term assignments who require longer than the

eight (8) week recuperation period shall have access to sick leave and the STLDP subject

to meeting the requirements to provide acceptable medical verification.

g. Employees in term assignments shall be eligible for the SEB as described herein for a

maximum of eight (8) weeks or the remaining number of weeks in their current

assignment, whichever is less.

h. If an employee begins pregnancy leave while on approved leave from the employer,the

above maternity benefits provisions apply.

i. The start date for the payment of the pregnancy benefits shall be the earlier of the due

date or the birth of the child.

j. 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.

k. Casual employees have no entitlement to the benefits outlined in this article.

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 1). the full article should then reside in Part B of the collective agreement:

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

minimum for all eligible employees. An Employee 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 Employee receives from E.I. and their regular gross pay;

ii. A SEB Plan with existing superior entitlements;

iii. 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 six (6) weeks at 100% pay and an additionalllweeks at 90%.

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

Where a class of employees was 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 in the 2014-2017 collective agreement. 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.

Page 43: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

38

For Boards who did not have WSIB top-up prior to the MOU, status quo to be determined.

Provisions related to this article remain status quo in accordance with terms and conditions

with collective agreements from August 31st, 2014.

3. Short Term Paidl eaves

The parties agree that the issue of short term paid leaves has been addressed at the Central

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

agreements. For further clarity, any leave of absence in the 2008-2012 local collective

agreement and including modifications made during 2012-2014local bargaining if any,that

utilized 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 5 days per school year. For

clarity, those boards that had 5 or less shall remain at that level. Boards that had 5 or more

days shall be capped at 5 days. These days shall not be used for the purpose of sick leave, nor

shall they accumulate from year to year.

Short term paid leave provisions in the 2008-12 collective agreement or modifications made

during 2012-2014 local bargaining if any that did not utilize deduction from sick leave remain

status quo and must be incorporated into the 2014-17 collective agreement.

Provisions with regard to short term paid leaves shall not be subject to local bargaining or

amendment by local parties.However, existing local collective agreement language may need

to be revised in order to align with the terms herein.

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.

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. An Employee 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 Employee had accumulated and was eligible to receive as

of that day.

The following language applies only to those employees eligible for the gratuity above:"

[insert current Retirement Gratuity languagefrom local collective agreement]

Page 44: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

39

5. Sick Leave to Bridge Long Term Disability Waiting Period

Boards which have Long Term Disability waiting periods greater than 131days shall ensure

there is language that accords with the following entitlement:

An Employee who has applied for long-term disability is eligible for additional short term

disability leave days up to the maximum difference between the long-term disability

waiting period and 131days. The additional days shall be payable at 90% and shall be

used only to bridge the Employee to the long-term disability waiting period it under a

collective agreement in effect on August 31, 2012,the Employee was required to wait

more than 131days before being eligible for benefits under a Long-Term Disability plan

and the collective agreement did not allow the employee the option of reducing that

waiting period.

Page 45: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

PART B

TERMS NEGOTIATED LOCALLY

BETWEEN

THE HAMILTON-WENTWORTH CATHOLIC DISTRICT SCHOOL BOARD

AND

LIUNA LOCAL 837 (CUSTODIANS AND MAINTENANCE EMPLOYEES)

Page 46: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

TABLE OF CONTENTS ARTICLE TITLE PAGE

Recognition 1

2 Relationship

3 Union Security 1-2

4 Management Rights 2-3

5 Meetings 3

6 Job Posting 3-6

7 Grievances 6-8

8 Arbitration 8-9

9 Wage Negotiations 9

10 Duration and Renewal 9

11 Wage Rates and Classifications 10-11

12 Shift Premium 11

13 Fringe Benefits and Cumulative Sick Leave Plan 11-16

14 Holidays 17

15 Vacations 17-18

16 Vacation Pattern 19-20

17 Hours of Work 20-24

18 Compassionate Leave 24-25

19 Leaves of Absence 25-26

20 Amendments 26-27

21 Seniority 27-29

Page 47: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

22 Union Representation 29-30

23

Miscellaneous

30

Letters ofUnderstanding and

Memorandum of Understanding

32-38

Appendix A - Seniority List

Page 48: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

The general purpose of this agreement is to provide a mechanism for the prompt and orderly

interpretation, application and administration of this Collective Agreement and to establish the

working conditions, hours of work and wages for all employees covered by this Agreement.

ARTICLE 1 - RECOGNITION

1.01 The Board recognizes the Union as the sole collective bargaining agent for all

employees of the Hamilton-Wentworth Catholic District School Board employed

in maintenance services and plant operations, save and except Manager, Custodial

Services, Manager, Technical and Maintenance Services, Manager, Physical Plant

and Construction, persons above the rank of Manager, Custodial Services,

Manager, Technical and Maintenance Services, Manager, Physical Plant and

Construction, office and clerical employees and assistant custodian.

1.02 In this Bargaining Unit:

(a) A Spare Night Custodian shall be defined as an employee, other than a

spare custodian, who works the regular scheduled hours in a given

classification temporarily replacing a regular seniority employee on

approved leave or absence.

(b) Bona fide students may be employed under this Agreement during the

school vacation period.

ARTICLE 2 - RELATIONSHIP

2.01 The parties agree that they will not in any manner discriminate against, coerce,

intimidate, restrain, or influence employees because of their membership or

non-membership, or their activity or lack of activity in the Union.

2.02 Wherever the masculine gender is used it shall be deemed to include reference to

the feminine gender and wherever the singular is used it shall be deemed to

include reference to the plural.

ARTICLE 3 -UNION SECURITY

3.01 All employees covered by the Collective Agreement, as a condition of

employment, shall become and remain members in good standing of the Union

during the life of this agreement.

The Board agrees to deduct from all employees such regular dues as are specified

by the Union in accordance with its constitution and by-laws as denoted, in

writing, from the Union.

1

Page 49: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

2

3.02 The Board shall forward such deductions to the Secretary-Treasurer of the Union not

later than the 15th of the month following the month in which the deductions were

made.

3.03 a) The Board shall, when forwarding such dues, provide a list for the Secretary­

Treasurer of the Union, indicating the names, phone numbers, addresses and

corresponding Social Insurance Number of the employees from whose pay

such deductions were made.

b)

The Board will provide written notice of any change of membership. A change

in membership includes but is not limited to a change in name, address, new

hires, terminations and retirements.

3.04 In consideration of the deducting and the forwarding ofUnion dues by the Board, the

Union shall indemnify and save harmless the Board against any claims or liabilities

arising out of or resulting from the operation of this article.

ARTICLE 4 -MANAGEMENT RIGHTS

4.01 Without limiting the generality of its ability to carry out the undertakings of the Board,

the Union acknowledges that it is the exclusive right of the Board to:

(a) establish and post rules for the promotion of safety, efficiency, and discipline;

(b) maintain order, discipline and efficiency;

(c) hire, discharge, layoff, classify, direct, transfer, promote, demote, and suspend

or otherwise discipline employees for just cause, and determine the

qualifications of an employee to perform work, and

(d) generally to manage the enterprises in which the Board is engaged, and without

restricting the generality of the foregoing; to determine the work to be done,

methods, schedules of productions, kinds, location and output of machines and

maintenance of same and tools to be used, processes and the control of materials

and parts to be incorporated in the work.

4.02 The Board agrees that these functions will be exercised in a manner consistent with the

provisions of this agreement, and a claim that the Board has exercised any of these

rights in a manner inconsistent with any of the provisions of this agreement may be a

subject of a grievance, including the right of any employee who has successfully

completed the probationary period as defined in Article 21.02 to file a grievance over

discharge or discipline.

4.03 a) Each employee shall have the right to consult the employee's official personal

file held by the Board in its Central Supervisory file during normal business

hours of the Board. The Board will arrange for the request within twenty-four

(24) hours of notice being given excluding holidays and weekends. Any

discipline and performance related letters or notes shall be copied to the

Page 50: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

3

,

employee and the Union prior to their being entered into the employee's

personnel file.

b) Reports of warnings or reprimands will be removed from the employee's file

after a period of two (2) years, provided that further warnings or reprimands

have not been taken against the employee during the two (2) year period.

ARTICLE 5 - MEETINGS

5.01 Meetings between the Board and the Union will be established on a quarterly basis to

discuss matters of mutual concern (i.e. Health & Safety, welfare plans, interpretation

of rules) and such other matters as the parties may deem necessary.

These meetings are not intended to impede or eliminate any of the rights of grievance

as granted under this agreement or any of the rights of the Board, but to provide an

avenue of mutual discussion of problems and concerns which may arise.

The meeting dates and suggested agenda items will be arranged through the

Administrator of the Union and the Controller ofPlant Operations or their respective

delegates. The members of the Union committee required to attend such meetings

shall be allowed to leave their jobs one hour prior to the start of the scheduled meeting.

A summary of the items discussed at the meeting will be produced by the Board and

distributed to those attending. A Trustee representative will attend these meetings.

ARTICLE 6 - JOB POSTING

6.01 Except for known vacancies occurring between July 1st and September 15111

all

vacancies and new positions shall be posted, no more than a month prior to the

position becoming vacant or available, in all sites for a period of five (5) working

days. The posting shall show the classification of the vacancy or new posting, the

requirements for the job, the starting date, the name and address of the school or

building, the current student enrolment at the school, the square footage of the school

and the regularly scheduled weekend/weekday overtime in effect at the time of the

posting.

6.02 a) If no qualified candidate applies for a posted position, after all posted procedures have

been exhausted, the posted position may be filled by the Board using the following

order:

1. Qualified Spare Night Custodians;

2. Assistant Custodians;

3. New qualified birings.

b) In the event that new job duties, skills, technologies or methods of work are

introduced, the Union will be informed and existing bargaining unit employees will

have the first opportunity to receive reasonable training to perform such work.

Page 51: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

4

6.03 In determining the selection of the successful applicant to a job posting, the following

factors shall be considered:

a) skill, ability and qualifications;

b) length of continuous service

The requirements in factor a) shall govern, subject to the provisions of 6.02 b), and

only where these requirements in factor (a) are relatively equal between candidates

will factor b) govern.

6.04 (a) An employee who successfully bids for a job posting shall not be eligible to

bid on another job posting which would constitute a lateral transfer within a

period often (10) months from his/her successful bid. The term "lateral" as

described herein shall mean jobs carrying the same classification and rate of

pay. It is further understood that an employee who successfully bids for a job

posting shall not be eligible to bid on a job posting for the position held

immediately prior to the new position for a period of ten (10) months from the

successful bid unless there is a classification and rate change.

(b)

This condition will apply to an employee who has been assigned to a

temporary job posting insofar as such employee will not be eligible to bid on

another temporary job posting during the term that they are in the position.

6.05

a)

Successful applicants will be notified within five (5) working days following

the closing date of the posting. They will be assigned to their new jobs and

shall be paid the corresponding rate of pay effective from their first day of

assignment in the job.

(b)

Appointments to job postings shall be made within ten (10) working days of

postings. The Union shall receives copies of all job postings, names of all

applicants to the job postings and the name of the successful candidate, in

writing, by the Administrator or his/her alternate, along with notice of

appointment in a timely manner.

(c)

A successful applicant who, after notification, subsequently becomes unable to

assume the regular position on the intended date of appointment, shall retain

the regular position until able to resume the regular duties, if such period of

illness or disability is not expected to exceed six (6) months.

6.06 Vacancies shall include a promotion, retirement, transfer, demotion, LTD or modified

work reassignment for more than one (1) year. A promotion shall be defined as a

move from a lower paying position to a higher paying position. A transfer shall be

defined as a move from one position to another where both positions have the same

wage rate. A demotion shall be defined as a move from a higher paying position to a

lower paying position.

6.07 Any vacancies or new positions for a period in excess of twenty-five (25) working

days will be posted.

Page 52: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

5

6.08 (a) A temporary vacancy shall be deemed to exist where the job opening results

from an employee's illness, injury or leave of absence. These vacancies will be

filled by the Board in the manner outlined in Articles 6.09(b) and 6.10.

(b) i) In cases where a temporary vacancy occurs from an employee's illness,

injury or leave of absence and such vacancy is known to last more than

twenty-five (25) working days, or if vacancy continues beyond twenty­

five (25) working days, then the Board shall post the vacancy on a

temporary basis.

ii)

The subsequent temporary vacancy created as a result of this initial

posting shall be deemed as a vacancy for the purpose of this Article.

Any further subsequent temporary vacancy shall not be deemed as a

vacancy for the purpose of this article except that where the subsequent

temporary vacancy created involves a day custodian position, then such

vacancy will be filled by the Board in the manner outlined in Article

6.09.

c) Vacancies created during the summer months due to a filling of a posted

position shall be assigned to a Spare Night Custodian employee, if available,

who shall retain their Spare Night Custodian status. The vacancy will be posted

the first week of September.

6.09

(a)

In cases of a temporary vacancy involving a day custodian, the night custodian,

in order of seniority at the site, would be asked to work the day schedule. In

the event that the night custodian(s) at the site declines the assignment, such

assignment will be offered to other night custodian(s) in order of seniority.

(b) i) In cases of a temporary vacancy involving a day custodian where the

site does not have a night custodian, the night custodians would be

asked to work the day schedule, in order of seniority.

ii)

The assignment will be for the day or until the end of the week. If the

position is still open the Monday following, the assignment will be

offered to other night custodian(s) in order of seniority. Every Monday

the seniority list will prevail.

iii)

While assigned to a day position and an opening becomes available at

his/her home school, the assignment will be offered as per article 6.09 a).

(c) A temporary vacancy for the purpose ofthis clause shall be defined as an

absence that will last in excess of one week but less than twenty-five (25)

working days and that the absence is made known to the Supervisor concerned.

6.10 When a vacancy occurs involving a day custodian where the school does not have a

night custodian, the senior night custodian assigned pursuant to Article 6.09 ii) shall

remain assigned to the end of the week, if the vacancy continues.

Page 53: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

6

6.11 No Spare Night Custodian employee shall be assigned to a regular day position by

themselves except during the period of July 1st to August 31st. If no applications are

submitted for a day custodian position, the night custodians will be offered to take the

position by seniority. In the event that no night custodian accepts the position, the

least senior night custodian will be appointed.

6.12 When an employee is being considered for transfer due to disciplinary reasons, the

supervisor shall consult with the employee and the Union before making the transfer.

A vacancy created by a disciplinary action, transfer, suspension, or discharge initiated

by the Board, which becomes subject to a formal grievance as provided for under the

terms of this agreement, shall be treated and posted as a temporary vacancy, until the

grievance has been determined under the procedures provided.

6.13 Employees can submit their application for a posted vacancy either by fax or by the

mailbag or by email to the Human Resources Department.

6.14 Regular night custodians in facilities which continue to require evening shifts during

the summer months of July and August, as determined by the Board, will be given an

opportunity of being assigned to day shift hours in other locations when and where

necessary as assigned by the Manager, Custodial Services(s). Each of the regular

night custodians mentioned above shall be asked to indicate which option they prefer

to the summer schedule commencing each year.

6.15 Employees may choose to transfer from their present position to the position of "spare

custodian" and will be paid the hourly rate of the "spare custodian". The vacancy

created by this voluntary transfer must be posted in accordance with Article 6. The

employee who has chosen a voluntary transfer may at any time, apply for a posted

position within the bargaining unit.

6.16 All unfilled vacancies will continue to be posted each September as well as any full­

time position occupied by a Spare Night Custodian.

ARTICLE 7 - GRIEVANCES

7.01 It is the mutual desire of the Board and the Union that all grievances shall be adjusted

as quickly as possible. It is further agreed that the designated grievance procedure, as

hereinafter set forth, shall serve as and constitute the sole and exclusive means to be

utilized by the grievor for the prompt disposition, decision and fmal settlement of the

grievance.

7.02 A grievance under this agreement shall be defined as a difference or dispute between

the Board and any employee(s) which relates to the interpretation, application,

administration, or alleged violation of this agreement.

7.03 A grievance, to be acceptable under this agreement, must be in writing, shall specify

the article or articles allegedly violated, shall contain a precise statement of the facts

relied upon, shall indicate the relief sought, and shall be signed by the grievor.

Page 54: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

7

7.04 Time limits specified in the grievance procedure are mandatory and not simply

directory, and may only be amended by the mutual agreement of both parties and such

agreement shall not be unreasonably withheld.

7.05 Complaints and grievances shall be settled in the following manner and sequence.

STEP I- INFORMAL STAGE

(a) If an employee has a complaint, he/she shall discuss it with their immediate supervisor in

order to provide an opportunity for response and adjustment to the complaint. A

representative of the Union may attend with the employee at this step.

(b) It is understood that the alleged grieved employee must make his/her grievance known to the

Administrator of the Union or his/her delegate, in writing, within ten (10) working days of the

alleged grievance.

(c) Should no resolution to the complaint be forthcoming at this stage, the employee may submit

a formal grievance to the next step in the procedure within a further five (5) working days of

Step I (b).

STEP II

The griever, through an authorized Union representative, may submit the grievance to the Controller

of Plant, in writing, and the responsible parties shall meet within five (5) working days to discuss the

matter. Within five (5) working days of the meeting the Controller of Plant shall respond, in writing,

to the grievance.

Should no satisfactory settlement be reached at this stage, the aggrieved employee may within five

(5) working days of receipt of the written response at Step II, the next step of the grievance procedure

may be implemented.

STEP III

The griever, through an authorized Union representative, may submit the grievance to the Human

Resources Manager - Employee Relations & Secretarial/Clerical Services, in writing, which shall be

presented to the Committee of Decision. Such Committee shall be composed of one trustee who shall

act as chairperson and six other members, 3 representatives of the Union and the 3 following Board

officials; Administrator of Human Resources (or designate), Controller of Plant, and Human Resources

Manager. Within five (5) working days following the scheduled Step III meeting a written reply will be

prepared stating the Committee's decision on the issue and/or any adjustment agreed upon.

In consideration of a grievance resulting from the discharge and termination of an employee and/or a

time-sensitive grievance, a Step III meeting will be scheduled within five (5) working days and will

occur within fifteen (15) days from time of Union's filing with the Board. Dates may be

extended by mutual agreement of the parties.

Page 55: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

8

Should no satisfactory settlement be reached at this stage, the aggrieved employee may within five

(5) working days of receipt of the written response at Step III, submit the grievance to arbitration.

7.06 The grievance procedure for an employee who claims he/she has been discharged

without just cause, shall be dealt with commencing at Step III, within five (5) working

days after the discharge.

7.07 A policy grievance must be submitted at Step III of the grievance procedure.

ARTICLE 8 -ARBITRATION

8.01 When either party requests that a grievance be submitted to arbitration, they shall

make such request in writing addressed to the other party of this agreement and at the

same time, indicate their nominee to the arbitration board. Within five (5) working

days thereafter, the other party shall advise, in writing, its nominee to the arbitration

board. The two nominees shall, within fifteen (15) working days, attempt to select by

agreement, a chairperson of the arbitration board. If they are unable to agree upon

such chairperson within this period, either of them may then request the Ministry of

Labour for the Province of Ontario to appoint a chairperson.

8.02 Statutory holidays, Saturdays and Sundays shall be excluded from the times provided

for the process outlined in Article 7.01. Time limits may be adjusted by agreement of

the parties.

8.03 A person who has been involved in an attempt to negotiate or settle a grievance may

not be appointed chairperson of the arbitration board.

8.04 Each of the parties hereto will bear the expense of the arbitrator appointed by it and

the parties will jointly bear the expense of the chairperson of the arbitration board.

8.05 No matter may be submitted to arbitration which has not been properly carried through

all the previous steps of the Grievance Procedure.

8.06 The arbitration board shall not be authorized to make any decision inconsistent with

the provisions of this agreement to alter, modify or amend any part of this agreement.

8.07 The proceedings of the arbitration board will be expedited by the parties hereto, and

the decision of the majority of such board will be final and binding upon the parties

hereto. Should a majority decision not be possible, then the decision of the

chairperson shall be final and binding on the parties hereto.

8.08 a) At either parties' request the matter will be submitted to a single arbitrator who

shall be appointed in place of a board of arbitration.

b) In the event that the parties agree on a single arbitrator, the arbitrator shall

i) be appointed from the list of arbitrators agreed upon between the

parties,

ii) have the same powers as a board of arbitration under this agreement

Page 56: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

9

and the parties will jointly bear the expense of the arbitrator. ARTICLE 9 - WAGE NEGOTIATIONS

9.01 A negotiation committee representing the Union shall meet during the prescribed

periods with the Board's Committee to negotiate salaries and fringe benefits.

9.02 On days when regularly scheduled meetings between the Board and the Union are held

during the normal business hours of the Board, members of the Union Committee will

be allowed to leave their jobs one hour prior to the time of the scheduled meeting.

ARTICLE 10 - DURATION AND RENEWAL

10.01 This agreement shall continue in effect from September 1, 2014 until August 31,

2017 and continue automatically thereafter for annual periods of one year unless either

party notifies the other, in writing, not less than thirty (30) days and not more than one

hundred and twenty (120) days prior to the expiration date that it desires to negotiate a

renewal of this agreement.

10.02 When and if notice of amendment is given by either party in accordance with section

10.01 above, the parties agree to meet for the purpose of negotiations within twenty

(20) days following the receipt of such notification or such further period of time as

may be agreed upon by the parties.

10.03 The Board will print and provide sufficient copies of the agreement, in a bound 8.5 x

11 inch booklet, within thirty (30) days of the signing of the agreement.

Page 57: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

10

ARTICLE 11 - WAGE RATES AND CLASSIFICATIONS

11.01 The wage rate provisions for the term of this agreement are as follows:

Hourly Rate Hourly Rate Hourly Rate Hourly Rate

Classification Sept.1, 2014 Sept. 1, 2015 Sept, 1, 2016 Feb.1,2017

Custodial:

Spare Custodian 22.47 22.47 22.69 22.80

Night Custodian I 22.97 22.97 23.20 23.32

Night Custodian II 22.97 22.97 23.20 23.32

Night Custodian III 22.97 22.97 23.20 23.32

Custodian I 24.22 24.22 24.46 24.58

Custodian II 24.22 24.22 24.46 24.58

Custodian III 24.45 24.45 24.69 24.81

Custodian IV 24.45 24.45 24.69 24.81

Truck Driver 23.96 23.96 24.20 24.32

Building Environmental System

Operator/ Custodian IV

(Secondary_ schools)

25.50 25.50 25.76 25.88

Spare Day Custodian 24.34 24.34 24.58 24.71

Spare BESO/Custodian IV 25.50 25.50 25.76 25.88

Head Custodian (Secondary Schools)

26.12 26.12 26.38 26.51

Maintenance:

Maintenance I 25.71 25.71 25.97 26.10

Trades 28.55 28.55 28.84 28.98

(carpenter, electrician, gas fitter,

painter, plumber, H.V.A.C.

Technician (hired after May 1, 1979)

Spare Night Custodian{I.-OU #12) 21.89 21.89 22.11 22.22

Page 58: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

11

Spare Night Custodian - the effective hourly rate for all hours worked shall apply to

Spare Night Custodian staff hired on a Spare Night Custodian basis after July 1, 1991.

11.02 A night custodian assigned to replace the day custodian will be paid the applicable day

custodian rate.

ARTICLE 12 - SHIFT PREMIUM

12.01 (a) Effective September 1, 2012, the Board shall pay a shift premium of forty-five

(45) cents for all hours worked on shifts where the bulk of the hours worked

are between 3:30p.m. and 11:30 p.m.

(b)

Effective September 1, 2012, the Board shall pay a shift premium of fifty-one

(51) cents for all hours worked between 11:00 p.m. and 8:00a.m. of the next day.

ARTICLE 13 - FRINGE BENEFITS

13.01 Commencing September 1, 2012 the Board will pay 95% of the cost of premiums for

the Great-West Life Semi-Private Plan which are in effect September 1, 2012 for

eligible employees who elect to participate in the plan.

13.02 (a) Employees will have the option of obtaining Life Insurance in one of the

following amounts:

Effective from May 1, 1992:

$15,000 $40,000 $100,000

(b) Commencing September 1, 2012 the Board will contribute 95% towards the

cost of the monthly premiums in effect on September 1, 2012 for the Group

Life Insurance for eligible employees who elect to participate in the plan.

(c) The Board shall make available the OPTIONAL GROUP LIFE INSURANCE

in addition to the basic group insurance plan spelled out in Article 13.03 (a) to

all eligible employees who elect to participate on the following basis:

i) Optional life insurance shall be available in multiples of $10,000 up to

a maximum of$100,000.

ii) All premiums for the optional life insurance are to be paid 100% by the

employee.

iii) That the necessary employee participation determined by the carrier is

obtained.

iv) Eligibility to participate in the plan is to be determined by the carrier.

Page 59: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

12

This plan will be effective from February 1, 1986.

13.03 (a) i) Commencing September 1, 2015 the Board will pay 100% of the cost

of premiums for the Great-West Life Medi-Pak Plan in effect on

September 1, 2015 for eligible employees who elect to participate in

the plan.

ii) Commencing September 1, 2016 the Board will pay 100% ofthe cost of

premiums for the Great-West Life Medi-Pak Plan in effect on September

1, 2016 for eligible employees who elect to participate in the plan.

iii) Commencing September 1, 2007, the annual maximum reimbursement

limit for paramedical services, shall be increased from $200 to $350.

(b) There shall be a $25.00 annual deductible before benefits can be claimed.

(c) i) Commencing September 1, 2015 the Board will contribute 70%

towards the cost of the monthly premiums in effect on September 1,

2015 for a Vision Care Plan (reimbursement of$225 in any two

consecutive calendar year period of vision care expenses for glasses,

contact lenses or laser eye surgery combined) for eligible employees

who elect to participate in the plan.

ii)

Commencing September 1, 2016 the Board will contribute 70%

towards the cost of the monthly premiums in effect on September 1,

2016 for a Vision Care Plan (reimbursement of $225 in any two

consecutive calendar year period of vision care expenses for glasses,

contact lenses or laser eye surgery combined) for eligible employees

who elect to participate in the plan.

13.04 O.M.E.R.S. The Board will match the employee's contribution towards the OMERS

Pension Plan.

13.05 a) i) Commencing September 1, 2015 the Board will contribute 100% towards the

cost of the monthly premiums in effect on September 1, 2015 for the Great­

West Life Dental Plan (H 1963 Dental Services) for eligible employees who

elect to participate in the plan as amended as at January 1, 1985.

ii)

Commencing September 1, 2016 the Board will contribute 100% towards the

cost of the monthly premiums in effect on September 1, 2016 for the Great­ West Life Dental Plan (H 1963 Dental Services) for eligible employees who

elect to participate in the plan as amended as at January 1, 1985.

b)

i)

Commencing September 1, 2015 the Board will contribute fifty percent (50%)

towards the cost of the monthly premiums in effect for September 1, 2015, for

orthodontic services for active eligible employees who have dependent/family

coverage. The plan will reimburse a claimant fifty percent (50%) of the cost of

the insured services, for dependent children, with benefits limited to a lifetime

Page 60: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

13

ii)

maximum of two thousand five hundred ($2,500) per person.

Commencing September 1, 2016 the Board will contribute fifty percent (50%)

towards the cost of the monthly premiums in effect for September 1, 2016, for

orthodontic services for active eligible employees who have dependent/family

coverage. The plan will reimburse a claimant fifty percent (50%) of the cost of

the insured services, for dependent children, with benefits limited to a lifetime

maximum of two thousand five hundred ($2,500) per person.

13.06

(a)

i)

Commencing September 1, 2015 the Board will pay 70% of the cost ofthe

premiums in effect on September 1, 2015 for the Long Term Disability Plan,

which plan shall be mandatory for all members of the Union who are eligible

to join the plan according to the terms established by the carrier.

ii)

Commencing September 1, 2016 the Board will pay 70% of the cost of the

premiums in effect on September 1, 2016 for the Long Term Disability Plan,

which plan shall be mandatory for all members of the Union who are eligible

to join the plan according to the terms established by the carrier.

(b)

i)

Commencing September 1, 2015 the Board will contribute 50% towards the

cost of the monthly premiums in effect on September 1, 2015 for a 5% cost of

living rider for this long term disability plan.

ii)

Commencing September 1, 2016 the Board will contribute 50% towards the

cost of the monthly premiums in effect on September 1, 2016 for a 5% cost of

living rider for this long term disability plan.

13.07 It is agreed that if and when any increases in fringe benefits, in kind or payment, are

given to the teaching staff of the Hamilton Wentworth Unit- O.E.C.T.A. by the

Board, they shall be automatically added to and made part of this agreement.

13.08 The Board may at any time substitute another carrier, provided that the benefits

conferred thereby are not in total decreased and prior consultation has taken place with

the Union.

13.09 When an employee is absent due to illness, and the accumulated sick leave credit is

exhausted, as has been its practice, the Board will continue to pay the fringe benefits

premiums as long as that employee is in the Board's employ and the employee is

eligible for coverage according to the terms established by the carrier.

13.10 CUMULATIVE SICKLEAVEPLAN

a) A sick leave protection plan has been introduced from February 2, 1982. This

plan provides protection against personal illness. It is not an automatic

entitlement to time off.

b) i) On January 1st of each calendar year each employee shall be eligible for a

Page 61: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

14

twenty-four (24) day sick leave allowance for the year. The allowance

will be credited at the rate of two (2) days per completed month worked

in the calendar year.

ii) Effective January 1, 1998 each employee shall be credited with an

annual sick leave allowance oftwenty-four (24) days each January 151

in all cases other than the following, wherein a pro-ration of two days

per completed month will apply:

A. An employee resigns from his/her employment with the Board;

B. Retires;

C. On Long Term Disability; unpaid leave of absence B with the

exception of statutory Pregnancy and Parental Leave;

D. On sick leave absences for periods beyond 12 months;

E. On WSIB absences for periods beyond 12 months;

F. An employee has exhausted his/her paid sick leave credits

balance as at December 31 of the immediately preceding

calendar year.

c) Method of Accumulation

i) A back credit allowance shall be established for all employees who have been

employed by the Board prior to February 2nd, 1982 on the following basis:

one day's sick leave credit for each completed month of recognized seniority

less the actual number of days absent from January 1, 1969.

ii) Deductions shall be made from the employee's annual sick leave allowance for

the number of days absent because of personal illness.

iii) All of the unused portion of the allowance shall be credited to the employee's

sick leave credit balance at the close of each calendar year. Each employee

shall receive an updated statement prior to January 30th of the following year.

iv) The maximum accumulation in the sick leave credit balance is not to exceed

260 days at any time.

d) Effective from January 1, 2002 for employees hired to the Board with seniority in the

bargaining unit prior to December 31, 2001 upon retirement, shall be entitled to

receive the following sick leave payment, if eligible:

Twenty five dollars ($25.00) per day for each day in the employee's sick leave credit

balance in excess of 60 days up to the maximum of260 days.

Any employee hired after December 31, 2001 shall not be eligible for this payment.

e) An employee upon early retirement will receive the sick leave payment.

Page 62: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

15

f) Sick leave payment will go to the employee's estate upon the employee's death prior to

his retirement.

g) If the allowance has been exhausted in any given year, the employee's sick leave credit

balance will then be debited for any further absences.

h)

i)

j)

13.11 (a)

i) When an employee's sick leave credit is totally exhausted, pay deduction will

be made for each additional day absent because of personal illness.

ii) When all sick leave credits have been exhausted, an employee may request the

vacation pay allotment he/she is entitled for the days worked.

The employee shall provide a doctor's certificate for any absence if requested by

Human Resources. The certificate shall be provided directly to Human Resources.

In compliance with the Regulations and the Board's continued eligibility for the E.I.

Premium Reduction Program, a minimum of one (1) day per month (12 days per year)

sick leave credit as outlined in Article 13.10 (b) above, shall be reserved solely for

personal illness and other statutory leave provisions.

The Board will supply rubber gloves for the use of all custodians. Gloves will only be

replaced on the return of the old pair of gloves.

(b) The Board will supply one (1) pair of rubber boots to each custodian once every three

(3) years.

If a pair is worn out, the rubber boots will be replaced on the return of the old pair.

(c) Effective February 1, 2005 the Board will pay to each full time custodial and

maintenance staff employee $100.00 to offset the cost of purchasing safety footwear.

This payment will be made to each employee in the first pay in February of each year.

The employee may be required to provide a receipt for all safety footwear purchased

and to produce the worn or broken pair(s) of safety footwear if requested by the

Controller of Plant Operations or delegate.

13.12 (a) Employees who have retired from the Board may arrange continuation of Fringe

Benefits, until age 65 provided however that such individuals shall constitute a

separate group for rating and coverage purposes. Benefit eligibility shall be in

accordance with the terms of the applicable insurance policy.

(b) Those employees retiring on or after December 31, 2003, shall be allowed to carry

$50,000 term life insurance up to age 65.

(c) The retired individual will be responsible for the total cost of the applicable premiums

for all fringe benefits for which he/she is eligible and elects to participate in as

outlined above.

(d) Effective from ratification of this agreement, Spare Night Custodian employees who

Page 63: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

16

have completed four (4) months of employment with the Board, shall be eligible to

participate in the following benefit programs:

1) Semi-Private Hospital

2) Medi-Pak (Drug)

3) Vision Care

4) Dental

The Spare Night Custodian employee will be responsible for the total cost of the

applicable premiums for all benefit plans for which he/she is eligible and elects to

participate in.

13.13 ABSENCES DUE TO DISABILITY COMPENSABLE

UNDER THE WORKPLACE SAFETY INSURANCE BOARD

(a) Injured employees will receive their regular pay from the Board for a period of

up to one hundred and twenty (120) working days. This period may be

continuous or a total of separate absences due to the same injury.

It is understood that during this period the benefits, which would otherwise

have been paid to the employee by Workplace Safety Insurance Board, will be

turned over to the Board.

(b) When an employee becomes aware that his/her one hundred and twenty (120)

days have expired, he/she has the privilege of electing to use one quarter (1/4)

day of accumulated Sick Leave Credits per day of absence on compensation or

may elect to receive compensation payments only.

It is understood that, where the employee elects to use one quarter (1/4) day of

accumulated Sick Leave Credits per day of absence on compensation, the

benefits which otherwise would have been paid to the employee by the

Workplace Safety Insurance Board, will be turned over to the Board. During

this period the employee will receive his/her regular pay at the rate applicable

to his/her classification. When an employee's Sick Leave is exhausted, the

employee shall be eligible to receive only the equivalent of the Workplace

Safety Insurance benefits applicable to the employee's claim.

(c) An employee who is absent due to a recurrence of disability from injuries

received when working with a previous employer shall be subject to all the

conditions outlined above.

(d) An employee will be required to participate in a Modified Work Program as

per the Workplace Safety and Insurance Act.

Page 64: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

17

ARTICLE 14- HOLIDAYS

14.01 The following days are considered paid holidays:

New Year's Day

Family Day

Good Friday

Easter Monday

Victoria Day

Canada Day

Civic Holiday

Labour Day

Thanksgiving Day

Christmas Day

December26

1 Day before Christmas Day

1 Day before New Year's Day

Floater Holiday

Effective September 1, 2008 the floater day as identified above shall be applied to

Family Day.

Effective the 1991 calendar year, a Floater Holiday, as identified above, to be

designated by the Board.

14.02 In order to qualify for paid holidays, the employees must work the full shift

immediately preceding and following the holiday, be on authorized vacation during

the period, or be on authorized sick leave.

14.03 If an employee is requested to work on any of the statutory holidays, he/she will

receive double (2) his/her current hourly rate for each hour worked and in addition

his/her statutory holiday pay.

ARTICLE 15 - VACATIONS

15.01 A) The recognized vacation period for the Custodial and Maintenance Department shall

be from January 1st to December 31st.

B) Vacation schedules shall be determined in the following manner:

i) The Board will distribute Vacation Schedule Request Forms no later than

October 15

ii) Employees will submit their vacation requests to the Board by November 25.

iii) Vacation schedules as determined by the Board will be allocated on a seniority

basis and will be based on the completed vacation requests submitted by the

employees to the Board by November 25.

iv) Vacation schedules will be sent out by the Board by December 15.

Employees are encouraged to request vacations during the periods when school

is not in session. ie. July and August, Christmas and the March Break.

Page 65: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

18

v) Employees may carry a maximum of three weeks vacation into the following

vacation-taking year provided that:

a) application is made by November 25;

b) no more than ten (10) employees are carrying vacations at any time in

the Custodial Department;

c) no more than three (3) employees are carrying vacations at any time in

the Maintenance Department.

d) It is understood that the purpose and intent of this provision of vacation

carryover as outlined in this Article 15.01 must be applied only to

extend the existing full vacation entitlement as provided in the

requested carryover year.

Notwithstanding the application of this Article, the normal practice

shall remain that vacations must be taken during the calendar year in

which the vacation is earned.

15.02 Every consideration will be given to those employees who wish to take trips outside

the province of Ontario, at times other than the summer vacation period, provided a

written application is received prior to March 1st of that year.

15.03 It is clearly understood that the Board maintains the right to determine the number of

special vacation requests that would be granted within one year.

15.04 Spare Night Custodian employees as defined in this agreement shall be credited with

their cumulative equivalent years of service as a Spare Night Custodian employee for

vacation entitlement purposes, at the time of appointment to a regular position within

the bargaining unit. (i.e. every 225 days of work will equate to one (1) year of service

for vacation entitlement).

15.05 i) An employee who becomes sick or injured during a scheduled vacation period

will not have the time of sickness or injury counted as sick leave during the

scheduled vacation. No compensating vacation time will be allowed for such

occurrences. An exception shall be granted only in cases ofhospitalization

with written confirmation provided.

ii) In the event an employee is hospitalized due to injury/illness within 48 hours

prior to their scheduled commencement of vacation, he/she will be eligible to

request the vacation period to be rescheduled at a later date, as mutually agreed

upon by the employee and their Manager/Supervisor. Written confirmation of

hospitalization will be required to support the request to reschedule.

15.06 Should an employee require an emergency leave and they have used up the vacation

entitlement, the employee will be allowed to borrow from the subsequent year's

vacation entitlement, up to a maximum of ten (10) days.

Page 66: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

19

ARTICLE 16- VACATION PATTERN

16.01

16.02

16.03

16.04

16.05

16.06

16.07

16.08

16.09

16.10

16.11

16.12

(a) The anniversary date for the purposes of calculating vacation entitlement shall

be December 31st of the following year.

(b) Employees with less than one complete year of service are entitled to one day

of vacation with pay per month of service to a maximum of two weeks.

After one (1) complete year of service the employee will be granted two (2) weeks

vacation with pay.

After four (4) completed years of service the employee will be granted three (3) weeks

vacation with pay.

After eight (8) completed years of service the employee will be granted four (4) weeks

vacation with pay.

After fifteen (15) completed years of service the employee will be granted five (5)

weeks vacation with pay.

After twenty-three (23) completed years of service the employee will be granted six

(6) weeks vacation with pay.

After twenty-seven (27) completed years of service the employee will be granted

seven (7) weeks vacation with pay.

After thirty (30) completed years of service the employee will be granted eight (8)

weeks vacation with pay.

It is clearly understood that the Board maintains the right to schedule vacations

according to its needs. It should not be assumed that all vacations will be scheduled in

consecutive weeks.

Employees, who are eligible for four or more weeks vacation with pay, will be allowed

to take their holidays in consecutive weeks at the discretion of the Board. Employees

with twenty-five (25) or more years of service or age 55 or more may bank a maximum

of two (2) weeks vacation annually, to a maximum often (10) weeks, to

be taken immediately prior to retirement in addition to the regular vacation entitlement

for the year in which the employee is scheduled to retire.

In an employee's year where he/she would qualify for an additional week of vacation

pursuant to Article 16.03, 16.04, 16.05, 16.06, 16.07 and 16.08, the anniversary date

used to determine entitlement will be in accordance with article 16.01(a).

In an employee's last year of employment due to retirement or otherwise and if that

employee is in a year in which he/she would qualify for an additional week of

vacation, in these situations the provision to count the additional week of entitlement

in the final year shall not be allowed. Calculations for vacation entitlement during an

Page 67: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

20

employee's last year with the Board shall continue to be applied as per past practice,

based upon an anniversary date of December 31st of the following year.

ARTICLE 17 - HOURS OF WORK

17.01 a) Hours of work shall be forty (40) hours per week.

b)

The current practice of switching shifts to accommodate personal needs or

specific professional needs is allowed with the understanding that the following conditions have been applied in the past and shall continue to apply:

i) That the switching of a day custodian and night custodian occur only in

the same school building and be mutually acceptable to all parties as

approved by the Manager, Custodial Services. Such request will not be

unreasonably denied.

ii) That no change of wage rate shall occur.

iii) That the exchange of shifts be for specific reasons, as approved by the

Manager, Custodial Services, and shall not be construed as permission

to schedule such exchanges on a routine basis, except for the purposes

of contract negotiations.

17.02 The regular schedule ofhours worked is as follows:

(i) Day Shift: 7:30 a.m. to 3:30 p.m.. (0.5 hour paid lunch)

(ii) Night Custodian I: 12:00 p.m.- 8:00p.m. (0.5 hour paid lunch)

(iii) Night Custodian II (except during shutdown periods): 3:00p.m.- 11:00 p.m. (0.5 hour paid lunch)

(iv) Night Custodian III: 11.00 p.m.- 7.00 a.m. (0.5 hour paid lunch)

(v) Building Environmental System Operator/Custodian IV (Secondary

Schools): 6:30 a.m. -2:30p.m. (0.5 hour paid lunch)

(vi) Trades: 7:30 a.m. to 3:30p.m. or other mutually agreed time.

For the morning, afternoon, and evening shifts there shall be a paid lunch break not

exceeding (0.5) hour.

Hours of work may be altered to benefit the school, only upon consultation between the Custodian, Manager, Custodial Services and Principal.

17.03 All Custodial and Maintenance employees will receive a paid fifteen (15) minute rest

period during each half of the normal work shift.

Page 68: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

21

17.04 a) i) All employees shall work overtime when required, provided that the

Board gives reasonable notice of such requirement. Consideration will

be given to exempt employees in individual circumstances when

inability to work overtime can be demonstrated.

ii)

The Board agrees that Special Events and unclaimed overtime will be

distributed equitably to all employees who are classified to perfmm

such work on a rotating seniority basis (longest employed to least

employed) as follows:

1. A posting will be put out for all Special Events from January 1st

to December 31st each year.

2. All Staff who apply will be placed on the Special Events

overtime list. Any staff may apply to be placed on the Special

Events Overtime list at any time with the understanding that any

hours already worked by the other applicants will be deemed to

have been worked by the new applicant(s).

3. As special events occur, Plant Department will call the number

of people needed for a particular event in order of seniority.

4. A total hours worked list will be kept for each event until the

end of December.

5. After the 1st event, the next set of employees will be called and

so forth for each event until everyone on the list has had an

opportunity to work. Once the list has been exhausted, then the

calls are made again from the top of the list in an attempt to

make all overtime hours as equitable as possible. In the event

during the second time around the list, a senior employee has

worked more overtime than a junior one, they will be jumped to

allow for equitable distribution.

6. In the event that an employee is called and they deny the

overtime, the denial will be considered as time worked.

7. Plant Managers will notify the next set of employees of a known

special event within one week prior to the overtime date in order

that the employee can make the necessary arrangements to make

themselves available for the overtime.

8. Following a Special Events overtime, a list of employees who

worked or were deemed to have worked will be sent to the

Union within ten (10) working days. The list will indicate the

hours each employee worked or was deemed to have worked.

Page 69: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

22

iii) A list of employees who worked or were deemed to have worked any

and all overtime will be sent to the Business Agent written upon

request to the Administrator of Human Resources or his/her designate.

The list will indicate the hours each employee worked or was deemed

to have worked.

b)

i)

In the event that the Board decides to replace some or all of the hours of

an absent custodian on an overtime basis, the Board will ask the

custodian(s) at the school or site if he/she wants to work overtime. In a

secondary school all posted custodians including the night custodian at

the site who is assigned to another school as a day custodian, may be

asked to perform overtime which will be distributed on an equitable

basis. If there is no custodian available the Board will:

ii)

offer the overtime to the night custodian at the site (elementary schools)

who is assigned to another elementary school as a day custodian

iii)

ask custodians who are on the Overtime List if they want to work

iv)

overtime. If there are no custodians available the Board will:

offer the overtime opportunity to maintenance employees at the

custodian rate

v)

offer the overtime opportunity to Spare Night Custodian employees

vi)

offer the overtime opportunity to Assistant Custodians

(c) In the event of the absence of a Head Custodian at a Secondary School, the

Board shall offer the position to the Night Custodian(s) at the school, in order

of Seniority and shall pay the applicable rate.

(d) The procedure to be followed when using the overtime list is as follows:

1. Seniority

2. Each day assignments of overtime to begin where the list ended the

previous assignment.

3. Overtime hours will be assigned on an equitable basis over a two-week

period.

4. Any employee declining an assignment will be deemed to have worked

and thus counted in the equitable hours.

17.05 a) Overtime at the rate of time and one-half (1.5 X) the job classification rate of

pay will be paid for authorized work performed:

i) in excess of the employee's regular shift on any day, or

ii) in excess of forty (40) hours per week.

Page 70: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

23

In the application of this Article 17.05 an employee shall not receive less than

overtime at the rate oftime and one-half his/her current classified rate, unless

otherwise specified in this agreement.

b) Effective January 1, 1995, overtime at the rate of double time (2 X) the job

classification rate of pay will be paid for authorized work performed on

Sunday.

c) i) In the event that lieu time is taken instead of overtime pay, a custodian

would replace the absent custodian dming the regular school year.

ii)

Both parties shall agree before the overtime hours are worked, whether

or not overtime shall be paid or lieu time banked and taken at a later

date. If lieu time is agreed, it is understood that each hour of authorized

0/T work performed shall equate to 1.5 hours of banked lieu time for

hours worked from Monday to Saturday and two hours of banked lieu

time for hours worked on Sunday.

iii)

Both parties shall agree when the lieu time will be taken. Requests for

lieu time will not be unreasonably denied.

iv)

The parties agree that no split shifts will be implemented in the event

that a school building is to be opened on a non-school day.

v)

The parties agree that in schools where there is a single custodian, the

shift shall be perfonned without interruption.

17.06

17.07

a) Emergency call-in: on emergency call-ins, a minimum of three (3) hours at

time and one-half of the employee's current hourly rate, as set out in Article 11,

will be paid.

b) On emergency call-in after midnight a minimum of four (4) hours at time and

one-half of the employee's current hourly rate, as set out in Article 11, will be

paid.

c) On emergency call-ins on Saturday or Sunday, a minimum of three (3) hours at

2 X the employee's current rate as set out in Article 11 will be paid. a) An employee performing his/her work in a school or department should be

given the opportunity to perform the overtime in the school or department on

that given day.

b) When a school or building is opened for an activity after regular hours, and if a

custodian is assigned, the custodian shall be on duty 112 hour before and 112

hour after the hours the school is being used.

Page 71: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

24

I7.08 A list of overtime worked for the Maintenance Department and Truck Drivers will be

forwarded to the Union monthly.

17.09

17.10

17.11

17.12

17.13

17.14

17.15

a) Weekend overtime in the site is to be distributed equitably among the custodial

personnel in the particular site on a rotating basis.

b) On weekend site checks the truck driver shall be given preference to perform

this duty, if not performed by an outside agency.

Employees absent from their work site on their last working day of the week will be

ineligible for weekend overtime unless that absence was due to Union business.

In the event that an employee is temporarily transferred to another job, or category of

work, he/she shall receive his/her own rate of pay, or the rate of the assignment to

which he/she is transferred, whichever is the greater. The above procedure shall also

apply to an employee whose position has been temporarily reclassified to a higher

category resulting from the addition of temporary structures to the existing site.

Employees required to work overtime in a consecutive shift following their regular

work day will be entitled to a supper allowance of $12.00, if they are required to work

three (3) or more uninterrupted hours of overtime.

There shall be no split shifts and the hours worked shall be continuous hours worked. In sites during the shutdown periods, a night custodian who replaces a day custodian

shall receive the applicable day custodian or head custodian rate.

(a) An employee traveling on authorized Board business will receive

reimbursement for actual mileage (kilometres) at the current Board approved

rate as amended from time to time.

(b) It is expressly understood and agreed that the provisions in this Article shall

not be construed to require any maintenance employee to use their own vehicle

for Board business. Further, if personal vehicle use is requested by the Board,

such use shall be at the discretion of the employee.

(c) When requested by the Board, the Board will pay the mileage travelled by the

employee from his/her assigned school to the Board Office and back to his/her

assigned school to obtain the keys to the assigned Board site.

ARTICLE 18- COMPASSIONATE LEAVE

18.01 (a) An employee shall be entitled to a leave of absence without loss of pay and no

deduction of sick leave credits up to a maximum of five (5) working days

within seven (7) consecutive calendar days when grieving a death in the

immediate family.

Page 72: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

25

(b) The immediate family shall be defined as spouse, son, daughter, father, mother,

sister, brother, grandchild and any person who stands in loco parentis.

18.02 An employee may be granted a leave of absence without loss of pay and no deduction

of sick leave credits up to a maximum of three (3) working days when grieving a death

of a mother-in-law, father-in-law, brother-in-law, son-in-law, daughter-in-law,

sister-in-law or grandparent.

18.03 A leave of absence of a full or partial day without loss of salary may be granted by the

Administrator of Human Resources when grieving a death of a person other than those

persons named in 18.01 or 18.02.

18.04 Request for such a leave must be submitted to the Administrator of Human Resources

or delegate for approval at least one day in advance, if possible.

18.05 Under unusual circumstances, leave for compassionate reasons may be granted

without loss of salary and benefits by the Administrator of Human Resources or

delegate. Such a leave shall be deducted from the employee's sick leave. The

discretion and consideration of requests for compassionate leave shall continue to be

provided in compliance with the requirements of the Employment Insurance

Regulations.

18.06 In the event of the death of a member of an employee's immediate family (as defined

in 18.01 b) occurring while on scheduled vacation, the compassionate leave provision

of"l8.01 a)" will prevail and the vacation will be rescheduled.

ARTICLE 19 - LEAVES OF ABSENCE

19.01 (a) Each employee shall be allowed leave of absence without loss of pay or

benefits when required for the purpose of jury duty or when summoned in any

proceedings to which he/she is not a party or one of the persons charged.

(b)

The employee shall turn over to the Board the jury or witness fees received less

reasonable expenses for parking and meal.

19.02

(a)

The Board may grant leave of absence without pay for personal legitimate

reasons that the Board deems acceptable. The period of absence if granted will

be determined by the Administrator ofHuman Resources in view of the nature

of the request. Such requests will not be unreasonably denied.

(b)

All other requests for leaves of absence must be filed in writing with the

Administrator of Human Resources at least one month before the requested

leave except in emergency.

(c)

An allowance of two day(s) per calendar year, deductible from sick leave

credit, may be made for reasons for urgent personal business. Urgent Personal

leave is defined as a leave that is outside of the employee's control and which

Page 73: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

26

is utilized to address personal matters that cannot be dealt with outside of the

regular workday. Requests shall be made in writing to the Administrator of

Human Resources or his/her designate, in advance except in emergency

situations and shall specify the general nature of the circumstances giving rise

to the need for such leave. In the event of an immediate emergency, requests

via telephone shall be permitted. In the infrequent circumstance that an

employee is uncomfortable with providing the general circumstances giving

rise to the request due to the sensitivity of the matter, he/she may provide this

information to the Union or the Area Manager who will request the leave on

their behalf. The approval of the Administrator ofHuman Resources or

his/her designate for such an absence must be obtained, which shall not be

unreasonably denied. The granting of the day must not be considered to be an

automatic right

19.03 Replies to such requests will be answered within ten (10) working days except in

emergency.

19.04 The employee granted a leave of absence may elect to maintain their participation in

any or all of the insurance plans defined in Article 13 by making arrangements 30

calendar days before the commencement of the leave to pay the Board the full cost of

the applicable premiums. This is subject to the eligibility requirements of the

insurance plans as established by the carrier.

This provision shall not apply to leaves of absence of30 calendar days or less

duration.

19.05 An eligible employee shall be permitted absence for a period of up to a maximum of

five (5) days for the occasion of the birth or adoption of their child. Such leave shall

be deducted from the employee's sick leave account.

19.06 a) Pregnancy/Parental leave and Emergency Family Medical Unpaid leave shall

be granted in accordance with the terms set out in the Employment Standards

Act of Ontario as amended from time to time.

b) Upon expiration of the pregnancy and/or parental/Emergency Family Medical

Unpaid leave the employee shall return to the position most recently held with

the Board, if it still exists, or to a comparable position.

19.07 At the discretion of the Board, an employee may be granted an Education Leave of

Absence without pay or benefits for up to one year. A written application for leave

shall be made to the Administrator of Human Resources at least three (3) months prior

to the proposed commencement of the leave. Such leave will not be unreasonably

denied.

ARTICLE 20- AMENDMENTS

20.01 No amendment, addition or deletion to the provisions of this Agreement will be valid

unless both parties agree to the same.

Page 74: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

27

20.02 New classification(s) which are created during the term of this agreement will be

subject to discussions between the Board and the Union and a supplementary

agreement covering such new classification(s) will be signed by both parties.

ARTICLE 21 - SENIORITY

21.01 Seniority, as referred to in this Agreement, shall mean accumulated continuous service

with the Board from the last date of hire of appointment to a custodial or maintenance

classified position.

21.02

21.03

21.04

21.05

(a) i) All new employees will be on a probationary period of three (3)

calendar months from their date of hire.

ii) Where a Spare Night Custodian employee has worked a minimum of

three (3) consecutive calendar months, the probationary period referred

to in 21.02 (a)i) shall be waived.

(b) During the probationary period outlined above in section (a), new employees

and the Union will not be permitted to file a grievance concerning the

probationary employee's discharge excepting for alleged violations of

monetary matters, or for reasons other than just cause.

(c) Notwithstanding the foregoing, Spare Night Custodian and student employees as

defined in Article 1.02 shall not be considered probationary employees, shall not

accrue seniority and the termination of student employees shall not be the

subject of a grievance excepting for alleged violations of monetary matters, or

for reasons other than just cause.

(d) Notwithstanding the above mentioned articles, any Spare Night Custodian

may exercise his/her right to apply for any posted position and the

provisions of Article 6.03 shall apply.

A seniority list will be supplied to the Union via e-mail on or before September 30tb

and on or before March 30th of each year during the term of this Agreement. A copy

of the seniority list shall also be provided to each school and building and shall be

posted. Updated seniority information will be made available to the Union, as

required, at other times, when requested. The seniority list shall include the

employee's name, school location and start date/date of hire. A Spare Night

Custodian list with the date of hire shall be provided but does not necessarily

constitute a hiring order.

In the event that an employee is promoted or transferred to a position out of the

Bargaining Unit, the employee will retain all previous seniority plus up to one year

while employed outside the Bargaining Unit.

In cases of layoff and recall, the length of continuous service in the Board's employ

shall be the governing factor. Custodial and Maintenance categories shall be treated

Page 75: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

28

separately. Therefore, in the event of a layoff, employees shall be laid off in the

reverse order of their respective seniority subject to those employees who are retained

being qualified and capable to perform the work required.

21.06 Whenever layoffs are required, the Board will notify the Union, in writing, at least ten

(10) working days prior to the layoff of the number of employees affected and any

variations from normal seniority, which will be required as a result of qualifications. 21.07

21.08

No employee who has attained seniority shall be laid off due to lack of work while

there is a Spare Night Custodian or student employee working, doing similar work in

which the redundancy has occurred subject to such seniority employee being qualified

and capable to perform the job.

An employee shall lose seniority and his/her employment shall terminate if:

a) he/she voluntarily quits;

b) he/she is discharged and such discharge is not reversed through the grievance

procedure;

c) an employee has been laid off for six (6) calendar months in the case of an

employee with up to one (1) year seniority and sixty (60) calendar months in

the case of an employee with one (1) year or more seniority;

d) having been notified to return to work from lay-off, he/she fails to notify the

employer within fourteen (14) working days after receipt of notification that

he/she will report to work or fails to report back to work within fourteen (14)

working days after receipt of notification by the employer to return to work.

Date of receipt shall be considered to be that on which the Management's recall

notice, sent by registered mail, is signed for in the presence of a postal employee

but in no event longer than fourteen (14) calendar days from the date of

registration, the recall notice being sent to the last address of the person on

layoff as furnished by him/her.

21.09 An employee may lose seniority and/or his/her employment may terminate, if:

a) an employee utilizes a leave of absence for purposes other than for which the

leave was granted, or fails to return to work after expiration of a leave of

absence without providing a reason satisfactory to the Board;

b) an employee is absent from scheduled work for a period offive (5) consecutive

working days without notifying the Board of such absence or providing a

reason satisfactory to the Board.

21.10 The Union shall be notified, in writing, of all hires, terminations, transfers, layoffs and

recalls within fifteen (15) working days. Such notification shall include the

employee's name, address, phone number, Social Insurance Number, date ofhire and

their job classification.

Page 76: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

29

21.11 a) If as a result of site closure or changes in enrolment, a surplus situation occurs

in a workplace, seniority, within each classification at that workplace will be

the governing factor in determining which employee will be moved to a new

workplace.

b) Should within a period of two years of the above mentioned surplus, the

surplus situation is reversed, the employee moved as a result of the surplus will

be given the opportunity to return to his/her former position.

21.12 The seniority list effective the ratification of this collective agreement will be included

as Appendix A.

21.13 The Board will permit up to three (3) Custodians, annually, to enroll in the

Building Environmental Systems Operator course. A Custodian who works in

the evening shall be permitted to attend the course and makeup the hours as need

in consultation with the Manager, Custodial Services. The Board will reimburse

any employee who successfully completes the course upon receipt.

ARTICLE 22- UNION REPRESENTATION

22.01 The Union will elect from the Bargaining Unit up to a maximum of nine (9) Union

Stewards. The Union shall submit to the Board, in writing, the name(s) of such

Steward(s).

In the event of layoff, Union Stewards shall, in their specific job classification, be the

employees retained the longest.

22.02 The Union Steward shall perform the required duties of an employee of the Board.

Union business shall not be conducted during regular working hours without the

express permission from their immediate supervisor or designate. The Board

acknowledges that such permission will not be unreasonably withheld.

22.03 The Board recognizes that a Union Steward who is required to participate in the

processing of grievances with Management approval during their normal working

hours shall not suffer any loss of pay.

22.04 a) Prior to imposing a formal disciplinary transfer, written reprimand, suspension

or discharge on an employee, the Board will advise the employee that he/she

may have a Steward present if he/she so desires.

b) The Board will consult with a Union Representative before discharging a

bargaining unit member on or before any disciplinary meeting.

c) Union representation, unless otherwise requested by the employee, is required

at any meeting concerning Modified Work, or WSIB related or unrelated work

injuries.

Page 77: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

30

22.05

22.06

22.07

22.08

The Business Agent for the Union shall be granted reasonable access to employees,

but in no case shall these visits interfere with the required duties of an employee.

When required to visit a location, the Business Agent shall advise the Site Manager in

advance ofhis/her visit.

The Board may grant a leave of absence without pay to employees selected or

appointed by the Union for the purpose of attending Union conventions, schools and

seminars. Requests for such leave of absence must be made, in writing, at least two

(2) weeks in advance ofthe leave. A leave in excess of two consecutive weeks, the

benefit premiums will be paid by the Union.

When the Board establishes a committee and requests the participation and

contribution from the Custodian/Maintenance employees, the Union will be contacted

and requested to facilitate the identification of a representative(s).

The Board will supply a list of all employees on Modified Duties to the Union on a

quarterly basis. The Board will endeavour to place Modified Workers within their

Family of Schools.

ARTICLE 23 -MISCELLANEOUS

23.01

23.02

The Union, during the term of this Agreement, shall not cause picketing, strikes or

slowdowns which will interfere with the regular schedule of work of the employees of

the employer, and the employer, during the term of this Agreement, shall not conduct a

lockout of its employees.

All appendices and Letters of Understanding attached to this Agreement form part of

this Collective Agreement.

Page 78: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

proper offices as of this g-.-ti- day of ac·

IN WITNESS WHEREOF the parties hereto have exec;tJt : greement under the hands of their

'.cC _ , 2016 at Hamilton,

Ontario.

FOR THE UNION

Page 79: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

32

LETTER OF UNDERSTANDING - #1

No more than twenty (20) people shall be on extended leaves of absence or be carrying vacations

according to the terms of Article 16.11.

LETTER OF UNDERSTANDING - #2

This letter will confirm the mutual understanding and agreement reached during negotiations

regarding the completion of the Board-sponsored internal Building Operator Training Program. It is

agreed that custodian positions, as posted in the Board's operations, shall require the successful

applicant to have acquired the Building Operator Training Program. New employees who have not

yet participated in the training program will be allowed to apply for posted positions and awarded

positions in the normal fashion with the understanding that they will actively participate and complete

the next available Building Operator Training Program. The Board will provide the Building

Operator Training Program once per calendar year.

In recognition of our commitment to the custodial staff of the Board and their years of service, the

Board will continue to promote the advancement of our current employees in any further internal

Board training program that may be introduced in the future.

LETTER OF UNDERSTANDING - #3 ·

A Joint Committee reStaffing will be comprised of3 Custodians, 3 Assistant Custodians and 1

representative from LIUNA. There will be up to 7 representatives from the Board. The Staffing

Committee shall meet bi-annually with the understanding that any bargaining unit member who has a

staffing related issue may submit the concern in writing to one of the representatives on the Staffing

Committee. This concern will be presented at a subsequent Staffing Committee meeting.

The Union will limit the number of their representatives who attend the Communications Meetings to

five (5).

LETTER OF UNDERSTANDING - #4

Criminal Records Check

The information collected through the Ontario Education Services Corporation (O.E.S.C.) shall be

maintained in strict confidence and in a separate secure area for storage in the Human Resources

Department.

The employee's annual Offence Declaration shall be held and stored under the same parameters and

conditions as the O.E.S.C. information.

Page 80: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

33

\

LEITER OF UNDERSTANDING- #5

This letter will confirm the practice of the Hamilton-Wentworth Catholic District School Board

regarding payment of wages for employees, members ofLIUNA Local 837, involved in negotiation

meetings. Employees have been paid their regular straight time daily wages for those days involved

in scheduled negotiation meetings between the Union and the Board. Further, it is acknowledged that

the parties have agreed to conduct negotiation meetings off premises with the costs of the main

meeting room being shared equally between the parties.

LEITER OF UNDERSTANDING - #6

Policy Against Discrimination & Harassment in the Workplace/School

The Board and the Union recognize that every employee has a right to freedom from discrimination

and harassment as per the Board's "Policy Against Discrimination and Harassment in the

Workplace/School" (November 2004).

It is understood that any complaint of discrimination or harassment shall be dealt with in accordance

with the Board's "Policy Against Discrimination & Harassment in the Workplace/School" as

amended from time to time in collaboration with employees including representatives of LIUNA.

LEITER OF UNDERSTANDING - #7

In recognition of the establishment of the Spare Night Custodian hourly rate as provided in Article 11

of the agreement, the parties acknowledge that this shall constitute the base hourly rate payable for all

regular hours assigned for the duration of their status as a Spare Night Custodian.

LETTER OF UNDERSTANDING- #8

This Letter of Understanding shall confirm the agreement between the Board and the Union for the

regular seniority employees who are members of this bargaining unit. During the term of this

collective agreement, concluding August 315

2017 Board shall guarantee no layoffs.

Any adjustment of staffing levels shall be achieved through attrition, voluntary leaves and other such

provisions.

Page 81: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

34

LETTER OF UNDERSTANDING - #9

SUPPLEMENTAL EMPLOYMENT BENEFIT CSEB) PLAN FOR

HAMILTON-WENTWORTH CATHOLIC DISTRICT SCHOOL BOARD

1. The purpose of this Plan is to supplement the employment insurance benefits received by the

employee for temporary unemployment caused by pregnancy or parental leaves effective from

the date of the Plan is approved and registered by Employment and Immigration Canada, with

application to be submitted upon ratification of this agreement. Payment made under this Plan

must be financed by the Board and the Board shall maintain separate accounts of such

payments in accordance with the Regulations.

2. This Plan covers employees of the Board who are members ofthe Union.

3. The following conditions and requirements by the Board and applicable E.I. Regulations will

govern the receipt or non-receipt of SEB Benefits.

a) An employee must be eligible to receive pregnancy or adoption benefits from E.I.C.

b) Payment will not be made for any week in the waiting period which falls outside the

employee's normal employment period.

c) Employees must apply for employment insurance benefits before SEB becomes

payable.

d) Employees disentitled or disqualified from receiving E.I.C. benefits are not eligible for

S.E.B.

e) Employees have no vested right to payments made under the Plan except to payments

during a period of unemployment specified in the Plan.

f) The maximum entitlement under this Plan to payments dming a period of

unemployment shall be limited to the two-week waiting period under E.I. Regulations.

g) The benefit level paid under this Plan is set at a weekly rate equal to the percentage of

the employee's weekly insurable earnings payable under E.l. regulations. It is

understood that, in any week, the total amount of SEB, unemployment insurance gross

benefits and any other earnings received by employees will not exceed 95% of the

employee's normal weekly earnings. As further clarification, the weekly

supplementary benefit for the two (2) week waiting period shall be equal to the weekly

benefit received by the Employee under E.I.

4. Payments in respect of guaranteed annual remuneration or in respect of deferred remuneration

or severance pay benefits are not reduced or increased by payments received under the Plan in

accordance with the Regulations.

LETTER OF UNDERSTANDING- #10

This letter shall confirm the understanding reached during negotiations regarding the determination

and allocation of custodian and maintenance staff levels during the term of this collective agreement.

When and if the Board gives direction, which may influence and cause an increase or a decrease of the

staffing complement, the matter shall be presented to the staffing committee for implementation.

Page 82: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

35

LEITER OF UNDERSTANDING- #11

This letter shall confirm the mutual understanding and agreement reached during negotiations

regarding the application of the shift premium provision of Article 12. It is agreed that a regular full

time employee while on his/her scheduled vacation and during the Christmas break shall for the

purposes of vacation pay calculation be deemed to have the applicable shift premium included in the

effective houriy rate.

LETTER OF UNDERSTANDING- #12

The parties acknowledge the understanding reached in negotiations as it pertains to the number

of Spare Night Custodians and Spare Day Custodians. It is understood that the Board shall

employ up to a maximum of twenty-five (25) Spare Night Custodians and a minimum of five (5)

Spare Day Custodians for the term of this Collective Agreement. It is understood that Spare

Day Custodians will be full-time employees, added to the existing complement and paid at the

rate as outlined in Article 11.01. The Spare Day Custodian position will be posted as outlined in

the Collective Agreement.

The parties acknowledge the importance of the BESO position. The Board, in recognition of

this, will continue to at least employ the complement of seven (7) Building Environmental

Systems Operators to be assigned to each Secondary School and one (1) full-time Spare (in

addition to the above mentioned Spare Day Custodians). The positions shall continue to be

posted in accordance with the provisions of the Collective Agreement.

LETTER OF UNDERSTANDING - #13

This is to confirm the agreement and mutual understanding reached by the parties relating to lieu time

and the Christmas break for the term of this collective agreement. Permanent seniority employees

shall be permitted to utilize up to three (3) banked lieu days during the Christmas break. All lieu

time utilized during this period shall be facilitated by the respective Area Managers or the Manager of

Technical and Maintenance Services.

LEITER OF UNDERSTANDING #14

The parties acknowledge the importance of skilled trades as a department within the Board. The

Board, in recognition of this, will continue to at least employ the complement of sixteen (16)

tradespersons and/or maintenance for the term of this Collective Agreement.

LETTER OF INTENT - #15

The parties, after having developed the New Model Committee, agree that the Committee will

meet bi-monthly with the understanding that the Proposal will be imalized and presented to the

membership for ratification before the expiration of this Collective Agreement.

Page 83: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

36

The fmal proposal must include the option of a merger between the two Plant Operation

Bargaining Units to be voted upon by the membership.

LETTER OF UNDERSTANDING #16

The parties acknowledge the mutual understanding reached during this round of bargaining to introduce a Uniform Policy as early as possible, but no later than September 15\2016.

It is understood that the Policy shall be developed at the discretion of the Board in consultation

with LIUNA, Local837.

Page 84: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

37

MEMORANDUM OF UNDERSTANDING

BETWEEN:

Hamilton-Wentworth Catholic District School Board (HWCDSB)

(''the Board")

and

LIUNA, Local 837 Representing the Custodians and Maintenance Employees

("the Union")

WHEREAS the respective representatives of the Board and the Union (the parties) have entered into

amicable discussions, in an attempt to resolve outstanding issues as it pertains to Community Use of

Schools and its application to overtime

AND WHEREAS the parties understand the strenuous fiscal responsibilities associated with its

employees/members

AND WHEREAS the parties committed to continuing the practice of allotting available overtime to

its employees/members, notwithstanding the Employers' ability within the Collective Bargaining

Agreement to limit and/or eliminate access to overtime

AND WHEREAS the Government of Ontario has continuously decreased its contributions to the

HWCDSB and increased the obligations of the HWCDSB and its staff regarding Community Use of

Schools leading to a funding shortfall

AND WHEREAS the HWCDSB believes that it is in the best interest of all schools within its Board

to continue to deploy Custodial staff in order to protect, clean & beautify its properties

AND WHEREAS both parties are exercising their respective rights under the Labour Relations Act

under Section 58, subsection (5), whereby nothing in the Act prevents revision of a Collective

Bargaining Agreement by mutual consent

AND WHEREAS the parties committed to the following pilot project for the term of the Collective

Agreement at which time it will be subject to review:

1. The parties agreed to a continuation of overtime, as it pertains to Community Use of Schools,

with the parameters and limit of the annual (fiscal) lump sum of one hundred thousand dollars

($100,000.00)

2. The parties agree that, notwithstanding Articles 10, 11, 12, and 17 and any articles that may

apply, a new wage rate will be introduced and implemented effective immediately to all

extracurricular events defined as "Non-profit Community Use of Schools"

3. The parties agree the wage rate implemented will be twenty-nine dollars ($29.00) per hour

worked

Page 85: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

38

4. The parties agree that there will be a continuation of regular overtime as determined by the

Board and as defined in the Collective Bargaining Agreement for such activities such as

replacement for absent custodians and special events

5. The parties agree that in the case of overlapping functions whereby a Community-Use group

and any other overtime (as outlined in paragraph 4) have hours that merge, the Board will pay

the rate to the custodian for scheduled hours based on the intended purpose of the overtime.

Page 86: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

1

CUSTODIAN SENIORITY LIST

AS OF MARCH 2016

NAME JOC CODE DATE OF HIRE TIEBREAKER LOCATION

Bonitatibus, Rudolph Tradesman July 25,1985 Thomas J.Mahony Building

lmperatore,Dennis Custodian December 1,1986 Cardinal Newman Catholic Secondary School

Jajdelski,Miroslaw Custodian December 30,1986 Cathedral High School

leluzzi,Pio Custodian March 24,1987 St. Thomas More Catholic Secondary School

Diliberto,Sam Custodian April 27,1987 Immaculate Heart of Mary Catholic Elementary School

Bennici,John Tradesman October 22,1987 Thomas J.Mahony Building

laniri, Bruno Custodian May 24,1988 St. Charles Main Street

Jones,Gordon Tradesman September 12,1988 Thomas J.Mahony Building

Folino,Marcello Custodian October 3,1988 St. Jean de Brebeuf Catholic Secondary School

Galuska,Jim Custodian December 5,1988 Continuing Education Barlake Location Demelo,

Amancio Custodian September 18,1989 St. Teresa of Avila Catholic Elementary School

Campbell, Michael Custodian February 27,1990 St. Agnes Catholic Elementary School

Kearse,Edward Custodian May 13,1991 Cardinal Newman Catholic Secondary School

Kelly, Patrick Custodian September 23,1991 St.Margaret Mary Catholic Elementary School

Weir, Louise Custodian October 7,1991 Bishop Ryan Catholic Secondary School

Venturelli,Angelo Custodian October 21,1991 Our Lady of the Assumption Catholic Elem School

Lane,Jeremy Tradesman November 18,1991 Thomas J. Mahony Building

Auguscinski,John Custodian January 13,1992 A St.Francis Xavier Catholic Elementary School

Sferrazza, Charles Custodian January 13,1992 B St. Thomas More Catholic Secondary School

Piccolotto,Mark Tradesman February 27,1995 Thomas J. Mahony Building

Lucchesi,Paolo Custodian July 1,1996 Catholic Education Centre

Portolesi,Domenic Custodian January 1,1999 Bishop Tonnos Catholic Secondary School

Criminis,i John Custodian March 29,1999 A Nicholas Mancini Centre

Craig, Helen Custodian March 29,1999 B Blessed Teresa of Calcutta

Gonzalez,Jorge Custodian March 29,1999 C St. Clare of Assisi Catholic Elementary School

Silva, Rick Custodian March 29,1999 D No Location

Parisi,Joseph Custodian March 29,1999 E St. Helen Catholic Elementary School

Ciaramella, Frank Custodian March 29,1999 F St. Thomas More Catholic Secondary School

Bachetti,Mauro Custodian July 26,1999 St. Jean de Brebeuf Catholic Secondary School

Baird,Carol Custodian August 9, 1999 No Location

Bufalino, Ross Custodian August 30,1999 St. Paul Catholic Elementary School

Giannasi,Mark Custodian November 29,1999 St. Jean de Brebeuf Catholic Secondary School

Bonaventura,Rosina Custodian July 24,2000 Immaculate Conception Catholic Elementary

Conte,Gino Custodian July 31,2000 Annunciation of Our Lord

Weatherston, William Custodian August 1, 2000 St. Mark Catholic Elementary School

Romeo, Rocco Custodian August 28,2000 St. Vincent De PaulCatholic Elementary School

Kerchner, Eldon Custodian September 1,2000 St. Jean de Brebeuf Catholic Secondary School

Tower,Nancy Custodian October 2,2000 St. Anns Catholic Elementary School (Hamilton)

Chiota, Giovanna Custodian October 2,2000 St. Gabriel Elementary School

Madalena, Manuel Custodian March 1,2001A St. Lawrence Catholic Elementary School

Schilaske,Lori Custodian March 1,2001B St. Thomas Catholic Elementary School

Filice,Marco Custodian June 1,2001 St. Thomas More Catholic Secondary School

Mattina,John Custodian June 14,2001 St. Mary Catholic Secondary School

Desormeaux, Mark Custodian September 1,2001A Sacred Heart Catholic Elementary School

Barrett, Richard Custodian September 1,2001B St. John Paul II Catholic Elementary School

Raducanu, Silviu Custodian September 1,2001 C St. Mary CERC

Lopata,Jodie Custodian September 10,2001A Cathedral High School

Case, Diane Custodian September 10,2001 B St. Therese of Lisieux Catholic Elementary School

Fazzari, Pasquale Custodian January 1,2002 A Holy Name of Mary Catholic Elementary

Morrison, Nathan Custodian January 1, 2002 B St. Bernadette Catholic Elementary School

Coppolino, Vito Custodian January 1,2002 C St. Anns Catholic Elementary School (Ancaster)

Quider,Gene Tradesman January 7,2002 Thomas J. Mahony Building

Sandoval, Marta Custodian March 4,2002 St. Jean de Brebeuf Catholic Secondary School

Selvaggi, Robert Custodian April 8,2002 A Our Lady of Lourdes Catholic Elementary School

Bufalino, Nick Custodian April 8,2002 B Our Lady of the Assumption Catholic Elem School

Corsini,Vincent Custodian June 3,2002 Bishop Tonnos Catholic Secondary School

Rossignol,Paul Tradesman July 15,2002 Thomas J. Mahony Building

Page 87: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

2

CUSTODIAN SENIORITY LIST

AS OF MARCH 2016

NAME JOC CODE DATE OF HIRE TIEBREAKER LOCATION

Castellino,Joseph Custodian January 1, 2003 A St. Augustine Catholic Elementary School

Tinebra,Charlie Custodian January 1, 2003 B St. Patrick Catholic Elementary School

Mueller,Joshua Custodian February 3, 2003 St. Jean de Brebeuf Catholic Secondary School

Spadafora, Mario Custodian March 24,2003 Canadian Martyrs' Catholic Elementary School

Bond,Colette Custodian July 18,2003 St. James the Apostle Catholic Elementary School

Caruso, Frank Custodian July 28,2003 Sts. Peter and Paul Catholic Elementary School

Martorelli,Robert Custodian August 25,2003 St. Joachim Catholic Elementary School

Posteraro,Elio Custodian September 2,2003 Regina MundiCatholic Elementary School

Bellardini,Gino Custodian October 27, 2003 St. Charles East 5th

Kras, Richard Custodian January 1,2004 A Nicholas Mancini Centre

Travale,John Custodian January 1,2004 B Various Locations

Dalgleish,Brian Tradesman February 25,2004 Thomas J.Mahony Building

Sim,Scott Custodian April1,2004 St. Mary Catholic Secondary School

Cutulle, Frank Custodian May 31,2004 St. Mary Catholic Secondary School

Bellavia,Charlie Tradesman June 28,2004 Thomas J.Mahony Building

Pratt,Steven Custodian July 12,2004 St. John the Baptist Catholic Elementary School

Warren, Fergus Custodian July 28, 2004 Blessed Teresa of Calcutta

Caslin,Michael Custodian September 1,2004 A Our Lady of Mount CarmelCatholic Elementary Sch

Sheculski,Theresa Custodian September 1,2004 B St. Mary Catholic Secondary School

Pilot, Roberto Custodian September 1,2004 C St. Eugene Catholic Elementary School

Susi,John Custodian September 13,2004 St.Francis Xavier Catholic Elementary School

Urciuoli,Sam Custodian October 25,2004 Bishop Ryan Catholic Secondary School

Lalonde, Robert Custodian December 22,2004 Annunciation of Our Lord

Pecora,Maurizio Custodian January 3,2005 St. Joseph Catholic Elementary School

Tavani, Piero Custodian January 24,200S A St. Jean de Brebeuf Catholic Secondary School

Vecchioni, Franco Custodian January 24,2005 B St. Therese of Lisieux Catholic Elementary School

Smerilli, Philip Custodian June 1,2005 St. Anthony Daniel Catholic Elementary School

Guddemi,Matthew Custodian September 1, 2005 St. Joachim Catholic Elementary School

Goodwin, Warren Tradesman September 6, 2005 Thomas J. Mahony Building

Demarinis,Anthony Custodian September 29, 200S Cardinal Newman Catholic Secondary School

Davis,Gregory Custodian October 24, 2005 Bishop Tonnos Catholic Secondary School

Dicesare,Ovidio Custodian October 31, 2005 Bishop Tonnos Catholic Secondary School

Gatto,John Custodian November 7, 200S St. Matthew Catholic Elementary School

Kirk, Deborah Custodian January 3, 2006 St. Therese of Lisieux Catholic Elementary School

Kydd,Crystal Custodian February 13, 2006 St. John the Baptist Catholic Elementary School

Paiva,Teresinha Custodian June 26, 2006 St. Marguerite d'Youville Catholic Elem School

Edworthy,William Custodian September 2S, 2006 Bishop Ryan Catholic Secondary School

Reidy,William Custodian October 9,2006 Blessed Sacrament Catholic Elementary School

Pace,Cesidio Custodian October 23, 2006 Blessed Sacrament Catholic Elementary School

Colonna, Brian Custodian February 12, 2008 A St. Michael Catholic Elementary School

Fazio, Vincenzo Custodian February 12, 2008 B St. KateriTekakwitha Catholic Elementary School

Crustolo,Joseph Custodian February 12, 2008 C St. Joseph Catholic Elementary School

Gabriele, Mauro Custodian June 2, 2008 No Location

Ferreira, Maria Custodian September 2, 2008 St. Anns Catholic Elementary School(Ancaster)

Mckenzie, Philip Tradesman September 1S, 2008 Thomas J.Mahony Building

Lauzon,Serge Custodian October 6,2008 St. Thomas More Catholic Secondary School

Mercanti,Patrick Custodian January 5,2009 St. Luke Catholic Elementary School

Prominski,Swavic Custodian February 9, 2009 Cathedral High School

Grieci, Antonio Custodian September 1,2009 St.Patrick Catholic Elementary School

Hill, Jeremy Custodian March 1,2010 St. Martin ofTours Catholic Elementary School

Babin, Kenneth Custodian September 1, 2010 Our Lady of Lourdes Catholic Elementary School

Mesaros, Pino Custodian January 10,2011 Guardian Angels Elementary School

MacDonald,Mark Tradesman April 26,2011 Thomas J. Mahony Building

Butler,Michael Custodian September 6,2011 A St. Bernadette Catholic Elementary School

Sessa,Alexander Custodian September 6,2011 B Holy Name of Jesus Catholic Elementary School

Giannini, Antonio Custodian February 1,2012 Corpus ChristiCatholic Elementary School

Creedon,Conaire Custodian July 1,2012 A Canadian Martyrs' Catholic Elementary School

Page 88: AGREEMENT - Ontario · For the purpose of this agreement,the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association

3

CUSTODIAN SENIORITY LIST

AS OF MARCH 2016

NAME JOCCODE DATE OF HIRE TIEBREAKER LOCATION

Dufour,Mark Tradesman July 1, 2012 B Thomas J.Mahony Building

Goodwin,Joshua Custodian September 4, 2012 St. Brigid Catholic Elementary School

Hall, Peter Custodian February 1, 2013 Various Locations

Perino,Jason Custodian February 18, 2013 A St. Eugene Catholic Elementary School

Randall, Antony Custodian February 18, 2013 B Annunciation of Our Lord

Mamone, Luigi Custodian February 18, 2013 C St. David Catholic Elementary School

Cirone,Filiberto Custodian February 18, 2013 D Immaculate Heart of Mary Catholic Elementary School

Restivo,Marc Custodian September 3,2013 St. Charles Young Street

Mcdougall, Michael Custodian November 11, 2013 A Various Locations

Marchese, Samuel Custodian November 11, 2013 B Various Locations

Fanara,Joseph Custodian March 3, 2014 A Various Locations

Hornby, Craig Custodian March 3, 2014 B St. Lawrence Catholic Elementary School

Campanella,Joseph Custodian March 24,2014 St. Joachim Catholic Elementary School

Tirabassi, Enrico Custodian June 10,2014 Holy Name of Mary Catholic Elementary

Eterno, Tony Custodian July 2, 2014 St. Michael Catholic Elementary School

Rossi, Paul Tradesman July 14,2014 Thomas J. Mahony Building

Reed, John Custodian October 20, 2014 Bishop Ryan Catholic Secondary School

Leko,Stephen Custodian January 1, 2015 A St. Francis Xavier Catholic Elementary School

Butler, Trevor Custodian January 1,2015 B St.Thomas More Catholic Secondary School

Condron,Kevin Custodian January 1,2015 C St.Brigid Catholic Elementary School

DeSimone, Frank Custodian March 2,2015 Various Locations

Narduzzi, Roberto Custodian March 9,2015 St. Helen Catholic Elementary School

Doyle,Stephen Custodian May 1,201S

St. Thomas Catholic Elementary School

Corsini,Adelmo Custodian August 4,2015 A Our Lady of Mount Carmel Catholic Elementary Sch

Brooks,Jamieson Custodian August 4,2015 B Cathedral High School

Folino,Antony Custodian August 4,2015 C St. Matthew Catholic Elementary School

Morgan, Patrick Tradesman August 24, 2015 Thomas J.Mahony Building

Amaral, Nereo Custodian November 2, 2015 A St. Joachim Catholic Elementary School

Jesus,Isabelle M. Custodian November 2,2015 B St. Bernadette Catholic Elementary School

Maguetta, Valter Custodian November 2, 2015 C St. David Catholic Elementary School

Versace,John Custodian January 4, 2016 A Bishop Tonnos Catholic Secondary School

Wallace,Paul Tradesman January 4, 2016 B Thomas J.Mahony Building

Flameling,Edward Custodian March 21,2016 A St. Augustine Catholic Elementary School

Minichini, Dino Custodian March 21, 2016 B St. Thomas More Catholic Secondary School