agreement - ontario · for the purpose of this agreement,the cta is composed of the ontario...
TRANSCRIPT
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
PART A
TERMS NEGOTIATED CENTRALLY
BETWEEN
ONTARIO CATHOLIC SCHOOL TRUSTEES' ASSOCIATION (OCSTA)
AND
ONTARIO COUNCIL OF EDUCATION WORKERS (OCEW) (LIUNA Local 837)
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
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<D........................................................................................................................................... 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
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
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.
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
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.
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.
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
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.
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.
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.
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.
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
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.
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
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):
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:
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).
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.
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.
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;
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.
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,
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.
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:
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.
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.
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.
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).
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.
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.
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.
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.
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.
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.
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.
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.
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
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.
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.
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]
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.
PART B
TERMS NEGOTIATED LOCALLY
BETWEEN
THE HAMILTON-WENTWORTH CATHOLIC DISTRICT SCHOOL BOARD
AND
LIUNA LOCAL 837 (CUSTODIANS AND MAINTENANCE EMPLOYEES)
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
22 Union Representation 29-30
23
Miscellaneous
30
Letters ofUnderstanding and
Memorandum of Understanding
32-38
Appendix A - Seniority List
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
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
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.
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.
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.
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.
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.
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
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.
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
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.
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
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
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.
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
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.
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.
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.
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
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.
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.
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.
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.
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.
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
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.
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
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.
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.
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.
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
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.
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.
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.
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.
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.
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
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.
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
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
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