collective agreement between kaplan international - … and related... · collective agreement...

COLLECTIVE AGREEMENT

Between

UNIFOR AND ITS LOCAL 40

- and-

KAPLAN INTERNATIONAL

Article 1 - Purpose of Agreement

1.1 The parties to this agreement (the "Collective Agreemenf or the "Agreement") share a desire to work cooperatively to address the concerns and interests of both the Union and the Employer.

1.2 The purpose of this agreement is to:

1.2.1 Set out the agreed terms and conditions of employment for the Teachers covered by this Agreement; and

1.2.2 Establish and maintain orderly procedures for settling disputes between Unifor and its Local 40 and Kaplan International.

Article 2 - Definitions

2.1 "Union" means Unifor and its Local 40.

2.2 "Contact Hour" means one (1) hour of scheduled instruction of students.

2.3 "Continuing Teacher" means a Teacher who has completed his/her probationary period and is employed on a continuing basis.

2.4 "Day" means a calendar day unless otherwise specified.

2.5 "Employer" means Kaplan International ("Kaplan").

2.6 "Parties" means the Employer and Union, which are the signatories to this Collective Agreement.

1

2.7 "Probationary Teacher" means a newly hired Teacher on probation in accordance with Article 14.

2.8 "Short-Term Contract Teacher" means a Teacher who is hired on a part or full time or seasonal basis and whose Contact Hours in a rOiling year are not expected to exceed three hundred and twenty five (325) hours.

2.9 "Teacher", "Employee" and "Bargaining Unit Member" all mean an employee of Kaplan International covered by this Collective Agreement and who is also a member of the bargaining unit as described in the certificate issued by the Ontario Labour Relations Board on March 16,2010.

Article 3 - Impact of Legislation

3.1 If any provision of this Agreement is, or shall be, at any time, contrary to the law, then such provision shall not be applicable, performed, or enforced, except to the extent permitted by law. In this event, on written request by either Party, the Parties shall meet to make an effort to restore the original intent of the Agreement to the extent legally possible. All other provisions of the Agreement shall remain in full force and effect.

Article 4 - Recognition

4.1 Union Recognition

Kaplan recognizes the Union as the exclusive bargaining agent for all Teachers working in the City of Toronto, save and except managers, those above the rank of manager and office staff, as set out in the certificate issued by the Ontario Labour Relations Board.

4.2 Management Rights

Except as otherwise provided in this Agreement, the management and direction of the Employer and its operations and the work force, are vested exclusively in the Employer.

The exercise of management rights shall not be done in an unfair and unreasonable manner.

Teachers agree to comply with Kaplan policies and regulations. In the event that there is a conflict between any term of this Agreement and any regulation or policy made by the Employer, this Agreement shall take precedence over the policy or regulation.

4.3 Recognition and Rights of Union Stewards

(a) The Employer recognizes the Union's right to select up to four (4) stewards to represent the Teachers.

(b) The Union agrees to provide the Employer with a list of stewards and to advise the Employer of any changes to the list of stewards that may occur from time to time.

(c) The Parties agree that the stewards will conduct their duties outside working hours to the greatest extent possible.

(d) Only elected officers, appointed officials and stewards are allowed to represent the Union.

Article 5 - Union Rights

5.1 Copies of Collective Agreement

The Employer shall print and distribute sufficient copies of the finalized Collective Agreement to provide each Teacher with a copy, and a reasonable number of copies requested by the Union.

The Employer shall provide all new Teachers with a copy of the Collective Agreement and a current list of Union representatives.

5.2 Right of Representation

The Union shall have the right at any time to have the assistance of Local or National Representative when dealing with or negotiating with the Employer during Step Two of the grievance process and at negotiations. The Employer shall have the same rights.

The Union shall provide the Employer and keep current, in writing, the names of the officers, stewards, and authorized committee members.

5.3 Union Membership

As a condition of employment, each Teacher, as defined in Article 2 Definitions, shall become and remain a member of the Union.

5.4 Bulletin Boards

The Union shall have the exclusive use of a bulletin board located in the Staff Lunch Room at each Kaplan Campus or other location(s) as agreed to by the parties for official Union business. The bulletin board will be provided by the Union.

5.5 Union Meetings

Subject to operational requirements, the Union shall have the right to use Kaplan's facilities for Teachers to attend meetings using normal room and equipment booking procedures during Kaplan's business hours. The Union shall pay reasonable charges for the use of equipment such as photocopiers.

5.6 Deduction of Dues, or Equivalent

Union dues and fees shall be deducted and remitted to the Union as per the following terms:

3

(a) As a condition of employment, each Teacher shall provide the Employer with a signed written assignment of wages, in the form prescribed by the Labour Relations Act, to the Union, authorizing the Employer to deduct the applicable Union dues (or equivalent) and initiation fees.

(b) The Union shall notify the Employer in writing of the current dues and fees, and deductions under the provisions of this Article shall only be made upon receipt and in accord with such notification.

(c) The Employer shall deduct the regular dues and fees, or equivalent, and shall remit the amounts deducted to the Union bi-weekly, with a written statement containing the names of Teachers from whom deductions were made and the amount from each.

5.7 Time Off for Union Business

4

(a) Subject to operational requirements, leave of absence without pay but without loss of seniority will be granted to:

i. Representatives of the Union on the Union's Bargaining Committee who work for the Employer;

ii. Teachers required to appear as witnesses for the Union before an Arbitration Board;

iii. stewards supervising ballot boxes and other related functions during ratification votes;

iv. an elected or appointed representative of the Union to attend conventions of the Union and bodies to which the Union is affiliated; and

v. for elected or appointed representatives of the Union to attend to Union business which requires them to leave the premises of their employment for training, collective bargaining or attendance at arbitrations.

(b) Subject to operational requirements, leave of absence with pay and without loss of seniority will be granted to:

i. Teachers to attend joint Union/Management meetings in accordance with Article 9;

ii. Stewards presenting a Grievance in a grievance meeting in accordance with Article 18; and

iii. Teachers who attend Joint Health and Safety Committee meetings.

(c) Administrative Provisions Regarding Union Leave Without Pay

To facilitate the administration of Section 5.7 (a) above, when leave without pay is granted, the leave shall be without loss of salary and benefits, and the Union shall

reimburse Kaplan for salary and benefit costs within 30 days of Kaplan billing the Union.

Article 6 - Teacher Protection

6.1 Personnel Records

Teacher files shall contain documents that pertain directly to their employment, such as:

(a) records of disciplinary action taken,

(b) appraisals,

(c) teaching observations,

(d) payroll information,

(e) employment records, and

(f) benefits details.

5

On reasonable notice, and subject to law, Teachers shall have the right to view and copy all material on their file, and receive a copy of any new material placed in their file.

6.2 Student Complaints

Students shall be encouraged to follow Kaplan's Student Complaints Procedure. The Employer agrees that it will not change the Students Complaint Policy in effect as of March 2010 without consulting the Union.

6.3 Technological Change

Kaplan shall provide 45 days' notice to the Union prior to the introduction of any technological change (equipment or method of operation) that affects the terms, conditions or security of employment of a significant number of Teachers.

6.4 Copyright, Confidentiality, Conflict of Interest and Professional Conduct

(a) Curriculum and materials created by Teachers in the course of their employment are and remain the exclusive property of Kaplan, unless otherwise agreed between Kaplan and the Teacher.

(b) All materials, including Specific Skills course materials, provided by Kaplan to the Teachers, produced by the Teachers for Kaplan in the course of their employment, or produced by Kaplan and used by the Teachers in the course of their employment, are and remain the exclusive property of Kaplan. Kaplan may claim copyright and/or limit access to such materials. The Teachers shall not use such material without the consent of Kaplan.

(c) Without limiting the generality of the foregoing, Teachers shall not use such materials in any employment, business, partnership, or at another school, institute, college, or place of learning, either during or after the termination of their employment, however caused.

6

(d) The Teachers shall return all such materials in good condition to Kaplan promptly on the termination of his or her employment, however caused.

6.5 Conflict of Interest

(a) Teachers understand and acknowledge that as Teachers of Kaplan they will acquire information about certain matters and things which are confidential to Kaplan, and which information is the exclusive property of Kaplan. Teachers shall treat all such information as confidential and shall not disclose it to any third party during their employment, except as required by law or as required to carry out the duties of the employment. Teachers also shall treat all such information as confidential and shall not disclose it to any third party after the termination of the Teacher's employment, however caused, except as required by law or with the written permission of Kaplan.

(b) Work for other employers must be approved by the Director or Director's designate before such work is undertaken. Such approval shall not be unreasonably denied.

(c) Teachers shall avoid all potential and actual conflicts of interest with any aspect of their position, and will remain free of interests and relationships which are actually or potentially to the detriment of Kaplan's interests. Teachers shall not participate in any outside business or employment relationship which may involve a conflict of interest. In the event that a Teacher discovers that a potential or actual conflict exists, he or she agrees to advise the Director or the Director's designate immediately.

Article 7 - Human Rights and Discrimination

7.1 The Employer and the Union are committed to the principles and provisions of the Ontario Human Rights Code and to providing a learning and working environment free from discrimination and harassment because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status or disability. The Employer and the Union support the principle that all people are to be treated with dignity and respect.

7.2 The Employer and the Union are committed to the principles and provisions of the Occupational Health and Safety Act and to providing an environment free from workplace harassment, and workplace violence.

Article 8 - Strikes, Lockouts and Picket Lines

8.1 The Union shall not authorize or conduct a strike during the term of the Agreement.

8.2 The Employer shall not authorize or conduct a lock out of Teachers during the term of the Agreement.

Article 9 - Union/Management Committee

9.1 The parties agree to establish a Union / Management Committee for the purpose of discussing issues relating to the workplace that affect the parties or any Teacher bound by this Agreement. On the request of either party, the parties shall meet at least once every two (2) months until this Agreement is terminated.

The committee shall consist of two employees of Kaplan who are not in the Bargaining Unit, selected by management, and two Union representatives employed by Kaplan, selected by the Union. Either party may bring additional representatives where necessary or appropriate.

The committee shall make all reasonable efforts to meet within five working days of the request from either party.

Article 10 - Health and Safety

7

10.1 The employer shall comply with all Occupational Health and Safety Act and Regulation requirements, including, but not limited to, the establishment of a Joint Health and Safety Committee.

Article 11 - Contracting Out

11.1 Work normally and regularly performed by Teachers shall not be performed by nonBargaining Unit Members.

11.2 Notwithstanding Article 11.1, the Employer shall have the right to contract out work normally and regularly performed by Teachers if such contracting out does not directly result in any layoffs of Teachers.

The Employer shall not contract out bargaining unit work if such contracting out directly results in any layoffs, unless it has the agreement of the Union.

11.3 Notwithstanding Article 11.1, the Parties agree that the following employees of Kaplan are excluded from the bargaining unit but may perform bargaining unit work to a maximum of 1440 Contact Hours per year in order to perform their job functions and subject to each of them not being regularly scheduled for more than one block per day:

(a) Academic Managers, and

(b) Academic Counsellors/Coordinators.

The Parties also agree that non-bargaining unit employees of Kaplan may perform bargaining unit work on an exceptional basis in the event that no qualified Teacher is readily available and that such work shall not be counted against the maximum number of Contact Hours set out above.

B

Article 12 - Training and Professional Development

12.1 The Parties recognize the importance of ongoing professional development and training.

12.2 The Employer will offer voluntary professional development workshops throughout the year, exclusive of mandatory training on compliance and health and safety issues.

12.3 Topics for workshops will be established by the Employer through a combination of observations, peer observations, Teacher input, student feedback, and current research in ESL methodologies.

12.4 The Employer will establish a scheme of observations and advise the Union.

12.5 Teachers may request to observe another Teacher's teaching for personal development. Requests shall not be unreasonably refused and shall be without pay.

12.6 The Employer will provide a regular system of student feedback. Such feedback will be a factor in evaluating a Teacher's performance.

Article 13 - Assignments and Schedules

13.1 The Employer shall assign duties, including teaching assignments. The Employer may consider the stated personal preferences of individual Teachers when assigning duties. Teachers shall identify their interest and availability to work substitute hours on the Substitute Teacher List, which the Employer shall take into consideration when assigning substitute hours. Teachers will not be obliged to work five (5) block schedules.

13.2 Where reasonably practical, and subject to operational requirements, the Employer agrees to attempt to assign Teachers two (2) month work schedules, and to provide work schedules one week prior to the start date of the schedule.

13.3 Teachers shall have their teaching assignments assigned in sequential blocks wherever reasonably possible. If the assignment contains a break between classes of more than 2 hours, or one instructional block or more, then the Teacher shall be paid an additional 2 hours a week.

13.4 Article13.3 does not apply to Teachers who request split shifts.

Article 14 - Probation

14.1 The probationary period for a Probationary Teacher shall be six (6) months or six hundred and fifty (650) Contact Hours from the date of hire, whichever comes first.

14.2 Kaplan shall provide the Union in writing with the name, address, and start date of all Teachers at the time of hire.

9

14.3 During the probationary period, the Employer may terminate a Probationary Teacher if Kaplan determines, in its sole discretion, that such Teacher is unsuitable for employment with Kaplan.

14.4 If a Probationary Teacher is terminated for unsuitability after three (3) consecutive months' employment or 325 contact hours, whichever comes first, the Employer shall provide the Probationary Teacher with one (1) week's notice or pay in-lieu thereof.

14.5 Probationary Teachers who successfully pass probation shall be placed on the seniority list.

14.6 Short-term Contract Teachers who are subsequently hired into a Continuing Teacher position will have all their previous Short-Term Contract service credited toward their probation period.

Article 15 - Seniority

15.1 Seniority shall be based on the date of hire as a Teacher with the Employer or its predecessors.

15.2 Employment is deemed continuous and seniority shall accumulate for Teachers on Sick Leave, Bereavement Leave, Pregnancy, Parental, Emergency, Jury Duty, Reservists' and Family Medical Leave, or for Union Business as per Article 5.7.

15.3 Employment shall not be deemed continuous and seniority shall not accumulate for Teachers on Overseas Sabbatical Leave, General Leave, unapproved leaves or layoff.

Article 16 - Layoff and Recall

16.1 When the Employer determines that a layoff may be required, the Employer will provide the Teachers and the Union with two weeks' notice and will meet with the Union to discuss alternatives to layoff, including whether any Teacher(s) working a 4 block schedule wish to reduce their hours to a 3 block schedule for a period of no less than four weeks. Teachers who so volunteer will have the option to return to a 4 block schedule after the initial four weeks with two weeks' notice.

16.2 Probationary Teachers shall be laid off first. Seniority shall govern the order of layoff, provided the remaining Teachers have the skill, ability and qualifications to do the work available and do not have serious performance issues.

16.3 All layoff notices shall be in writing with a copy to the Union.

16.4 For six (6) months after being laid off, Teachers shall be recalled in the inverse order of layoff.

16.5 A Teacher shall lose his/her seniority and cease to be an employee for any of the following reasons:

(a) if a Teacher voluntarily resigns or is discharged for just cause and is not reinstated through the grievance or arbitration procedure;

(b) if a Teacher is laid off and is not recalled after six (6) months in which case the Employer shall pay the Teacher his or her entitlement to termination pay and severance pay, if applicable, under the Employment Standards Act, 2000, as amended;

10

(c) if a Teacher who is laid off and without reasonable explanation fails to respond to recall within 48 hours after being notified of recall by email and telephone;

(d) if a Teacher is absent from work due to illness or injury for a period of twenty-four (24) months without any reasonable prospect of return to work in the foreseeable future;

(e) if a Teacher is absent from work, without permission or reasonable explanation, for three (3) consecutive work days;

(f) if a Teacher refuses to return to work following recall; however, a Teacher may refuse a schedule of fewer blocks that his/her block schedule prior to layoff without affecting recall rights.

16.6 Seniority does not continue to accrue during layoff, however, accumulated seniority is retained and reinstated when Teachers on recall return from layoff.

16.7 Teachers shall be responsible for providing the Employer with accurate and current contact details.

16.8 Short-term contract work will be offered first to employees on the recall list, in order of seniority. Employees on the recall list have the option of refusing short-term contract work, which shall not affect their recall rights.

Article 17 - Grievances

17.1 A Grievance is defined as any difference arising between the parties bound by this agreement concerning the interpretation, application, operation, or any alleged violation of this agreement, including a question as to whether a matter is arbitrable. Grievances shall be resolved without stoppage of work in accordance with this agreement.

17.2 Grievances as a result of a termination may be initiated at Step Three.

17.3 The following steps constitute the recognized grievance procedure under this agreement:

Step One: Discussions between the Teacher and his or her excluded supervisor shall be encouraged at Step One. In the event the Teacher is not satisfied with the result of the discussion, the Union may submit a Grievance in accordance with Step Two. The Teacher shall have the right to be accompanied by a steward.

11

Step Two: The Union may file the Grievance with the School Director or her/his designate within twenty (20) Days of the occurrence of the incident under dispute, or from the time that the grieving Party should reasonably have known. All Grievances are to be submitted in writing, outlining the reason, date of occurrence, the remedy sought, along with all additional and relevant information.

The Director, or his or her designate, shall have fourteen (14) Days from the receipt of the Grievance to give a written reply to the Union.

Step Three: Failing settlement at Step Two, the Union may advance the Grievance to Step Three by written notice within seven (7) Days of receipt of the Step Two reply, or the date on which the reply should have been received, whichever is earlier.

The Head of Operations, or his or her designate, shall have 30 Days to respond in writing.

Arbitration: Failing settlement at Step Three, the Grievance may be advanced to arbitration upon written notification by the grieving Party within 30 Days of receipt of the Step Three reply, or on which a reply should have been received, whichever is earlier.

17.4 Policy Grievance

The Union or the Employer shall have the right at any time to present Grievances under the procedure outlined in the agreement. Policy Grievances must be filed within forty (40) Days of the institution of the policy in dispute.

17.5 Time Limits

Time limits are mandatory and failure to submit the Grievance to the next stage of the Grievance procedure will result in the Grievance being considered abandoned.

Time lines may be extended by written mutual agreement between the parties.

Upon mutual agreement the Parties may meet to discuss a grievance. If such a request is made and agreed to, the time lines are automatically extended for an amount of time equal to the time necessary for the Parties to conclude their meeting.

17.6 Arbitration

17.6.1 All Grievances submitted to arbitration under this Article shall be adjudicated by a single arbitrator who shall be selected on a case-by-case basis by mutual agreement of the Parties.

17.6.2 The findings of the arbitrator shall be final and binding on both Parties. The arbitrator is not authorized to alter, amend, or modify any part of this Agreement.

17.6.3 Fees and expenses incurred by the arbitrator shall be borne equally by the Union and the Employer.

Article 18 - Progressive Discipline

12

18.1 No Short-Term Contract Teacher or Continuing Teacher shall be disciplined or have their employment terminated without just cause. The Parties agree that the employment of Probationary Teachers may be terminated as set out in article 14, Probation.

18.2 At any meeting which may result in discipline or at which discipline is imposed, the Employer shall advise the Teacher and the Union of the meeting. The Teacher shall have the right to have a steward accompany them in such a meeting. The Employer shall advise the Teacher of that right prior to any meeting under this Article.

18.3 The Employer shall inform the Teacher of the reasons for the meeting prior to the meeting if possible.

18.4 Copies of all disciplinary warnings and/or letters shall be copied to the Union.

18.5 Disciplinary warnings and/or letters shall not be relied upon after 18 months without further discipline, with the exception' of disciplinary warnings and/or letters relating to student-related misconduct which shall not be relied upon after 30 months without further discipline.

Article 19 - Holidays

19.1 The following are paid holidays: New Year's Day; Family Day; Good Friday; Victoria Day; Canada Day; Civic Holiday (1SI Monday in August); Labour Day; Thanksgiving Day; Christmas Day; Boxing Day; and any other prescribed by regulation.

Article 20 - Vacation

20.1 Teachers shall be entitled to and shall take annual vacations on the following basis:

(a) Short Term Contract and Probationary Teachers shall receive four per cent (4%) of their wages in lieu of vacation at each pay period.

(b) Teachers who are Continuing Teachers shall receive paid vacation in each calendar year in accordance with the following. This amount may be pro-rated for a partial year of employment.

i) ii)

Less than 10 years of service Beginning of the 10lh year of service

Four (4) weeks Five (5) weeks

(c) Continuing Teachers who take a leave during the year of employment shall have their vacation entitlement pro-rated accordingly, except as required by employment standards legislation.

20.2 The Employer shall pay Teachers who are Continuing Teachers their salary during periods of vacation.

20.3 Vacations shall be scheduled according to operational requirements, Teacher seniority and the manner outlined in Article 20.5.

20.4 Notwithstanding Article 20.1 (b), Teachers who were entitled to more than four weeks' vacation before January 1, 2010 shall maintain their original entitlement as set out in Appendix "A".

20.5 Vacation Scheduling

Between January 1st and January 31st of each year, Teachers shall indicate vacation date preferences for the calendar year, using the following process.

(a) A list will be posted in all staff lunch rooms, on which Continuing Teachers will indicate that Teacher's choice of vacation dates.

13

(b) If two or more Teachers cannot be granted the same vacation dates, then seniority shall apply for up to four weeks of vacation for each Teacher. Teachers entitled to more than four weeks' vacation shall have their vacation in excess of four weeks scheduled after all Teachers have been scheduled for four weeks.

(c) A final vacation schedule, approved by the Employer, shall be posted by or on February 14th.

(d) Approved vacation schedules cannot be altered without the express agreement of the Employer.

(e) Vacation requests submitted after 31st January shall be considered in order of receipt.

(f) Vacation requests for January (1st to 31st inclusive) may be submitted to the Employer by November 25th of the previous year.

Article 21 - Leaves

21.1 Except in an emergency situation, or in the case of sick leave, all required requests and notices for leaves shall be made in writing to the Employer. The Employer shall advise the Teacher, in writing, with stated reasons, within ten (10) working days, of the approval or refusal of leave requests. Leaves shall be available under the following terms:

21.2 Sick Leave

(a) Sick leave is absence granted by the Employer to a Teacher who is unable to work because of illness or non-compensable accident, or to attend medical, dental or eye appointments, which cannot be booked outside of working hours.

(b) Continuing Teachers are entitled to a maximum of five (5) days' sick leave with pay in any calendar year. Sick days cannot be carried forward. Any days taken by a Continuing Teacher under this section will be counted towards any emergency leave entitlements that the Continuing Teacher may have under employment standards legislation.

(c) In the first year of employment, or any other partial year, Continuing Teachers are entitled to a pro-rated number of paid sick days in that year based on the length of service through December 31 st of that year. Sick days cannot be carried forward.

(d) Upon request a Teacher shall submit a doctors' note or medical certificate for periods of illness in excess of three (3) working days or according to any insurance requirements.

21.3 Bereavement Leave

a. Continuing Teachers are entitled to paid leave for up to three (3) consecutive work days in the event of a death in the Immediate Family of the Continuing Teacher.

14

b. The term "Immediate Family" is defined as parent, parent-in-law, step-parent, foster parent, grandparent, step-grandparent, spouse (including common-law spouse), child, step-child, foster-child, spouse of the Continuing Teacher child, sibling of the Continuing Teacher, grandchild or step-grandchild of the Continuing Teacher or the Continuing Teacher's spouse, any relative permanently residing in the Teacher's household or with whom the Continuing Teacher resides, and a relative of the Teacher who is dependent on the Teacher for care and assistance.

c. Any days taken by a Continuing Teacher under this section will be counted towards any bereavement leave entitlement that the Continuing Teacher may have under employment standards legislation.

d. If any of the above bereavement leave entitlements are taken during an Continuing Teacher's vacation, the day shall not be considered a vacation day.

21.4 Pregnancy, Parental, Reservist and Family Medical Leave

Teachers are entitled to leave in accordance with employment standards legislation in force from time to time.

21.5 Return to Work

Teachers shall give four (4) weeks' notice for return to work after leave with the exception of Articles 21 .7 and 21 .8.

21.6 Overseas Teaching Sabbatical Leave

Subject to operational requirements, Continuing Teachers may be granted the right to take an Overseas Teaching Sabbatical without pay for a period not to exceed 12 months. Seniority does not continue to accrue during an Overseas Teaching Sabbatical,

15

however, accumulated seniority is retained and reinstated on return. An Overseas Teaching Sabbatical shall be requested in writing at least eight (8) weeks prior to the commencement of leave and notice of return shall be given at least eight (8) weeks prior to the end of the leave.

21.7 General Leave

Continuing Teachers, who have worked for the Company for three (3) years or more, may be granted the right to take General Leave for any purpose, without pay, for a period not to exceed 12 months. Seniority does not continue to accrue during a General Leave, however, accumulated seniority is retained and reinstated on return. General Leave shall be requested in writing at least eight (8) weeks prior to the commencement of the leave and notice of return shall be given at least eight (8) weeks prior to the end of the leave.

21.8 Jury Duty and Court Leave

Kaplan shall grant leave without pay to a Teacher for the period of time required to be available for jury selection, to serve on a jury or in accordance with a subpoena or summons to attend any proceeding.

Article 22 - Health and Welfare Benefits

22.1 After six consecutive months of employment, Continuing Teachers shall be eligible to participate in such Continuing Teacher benefit plan as may be in effect from time to time at Kaplan, in accordance with the plan terms, except for Continuing Teachers who can prove they have coverage elsewhere.

22.2 Kaplan reserves the right, in its absolute discretion, to change insurance carriers or policies. Provided, however, that the benefit coverage shall be substantially similar to the benefit plan currently provided. A copy of the current employee benefit plan is attached as Appendix "8".

22.3 The obligation of Kaplan, with respect to such employee benefit plan as may be in effect from time to time, is limited to the payment of premiums.

Article 23 - Hours at work

23.1 A Teacher's pay shall include Contact Hours, preparation time, class-related administrative tasks, lesson planning, marking, addressing student questions, evaluation of students, student feedback, meetings with Kaplan management, general staff meetings, compliance and health and safety training and professional development workshops as per article 12.2. Participation in other school activities, including national or international curriculum design, six mandatory workshops as per article 12.2 and other duties also may be assigned in which case, at Kaplan's option, either Contact Hours will be reduced on a reasonably comparable basis or the Teacher will receive the hourly equivalent for their rate of pay.

16

23.2 Continuing Teachers and Probationary Teachers working a 4 block schedule will not exceed 30 Contact Hours per week. Such Teachers are expected to be on-site at least 15 minutes before the start of class. Their work day will include a 30 minute eating period.

23.3 Continuing Teachers and Probationary Teachers working a 3 block schedule normally will not exceed 22.5 Contact Hours per week. Normal work periods at Kaplan for such Teachers are 8:15am - 2:45pm or 1 0:00am - 4:30pm or 11 :30am - 6:00pm. Their work day will include a 30 minute eating period. Adjustments to normal work periods may be requested by Teachers and granted at Kaplan's discretion.

23.4 Continuing Teachers and Probationary Teachers working a 2 block schedule normally will not exceed 15 Contact Hours per week. Such Teachers are expected to be on-site at least 15 minutes before the start of each class and to remain on-site at least 15 minutes after their final class of the day. Adjustments to work periods may be requested by Teachers and granted at Kaplan's discretion.

23.5 Continuing Teachers and Probationary Teachers are expected to substitute, when required, for which they will receive a substitution rate equal to the hourly equivalent for their rate of pay per Contact Hour plus the Teacher's applicable rate of vacation pay. Such Teachers shall identify their interest and availability to work substitute hours on the Substitute Teacher List which the Employer shall take into consideration when assigning substitute hours. Teachers will not be obligated to work five (5) block schedules.

23.6 Continuing Teachers and Probationary Teachers shall advise the Employer by February 1 and August 1 of each calendar year of the 2,3 or 4 block schedule such Teachers wish to work for the period which follows from April 1 to September 30 and October 1 to March 31, respectively. Off-cycle requests for changes to block schedules shall be considered at the Employer's discretion.

Article 24 - Term of Agreement

24.1 The term of the Collective Agreement shall be from July 1,2014 to June 30, 2017.

24.2 Any changes deemed necessary in the Collective Agreement may be made by mutual agreement in writing at any time during the life of the Collective Agreement.

24.3 The Collective Agreement will remain in full force and effect during the term of the Agreement.

24.4 Either party may serve notice to bargain ninety (90) days before the expiry of the Collective Agreement in accordance with the Ontario Labour Relations Act.

24.5 The parties may agree in writing to extend this Agreement beyond the expiry date for any stated period that may be agreed subject to the requirements of the Ontario Labour Relations Act.

17

FOR KAPLAN INTERNATIONAL FOR UNIFOR AND ITS LOCAL 40

Appendix A: Vacation Allowances

The following table lists Teachers who have original vacation entitlements that exceed four weeks per year.

Colleen Coffey 8 weeks

Catherine Connochie 6 weeks

Christine Hagan 8 weeks

Jessica Hayton 8 weeks

Louise Hulett 6 weeks

Karen Johnson 8 weeks

Carolyn Kelly 6 weeks

Dianne Mangal 6 weeks

James Moffatt 6 weeks

Catherine Moore 6 weeks

Helen Oldfield Smith 8 weeks

Philip Soffe 6 weeks

Samantha Stroh 8 weeks

Nancy Weatherseed 6 weeks

18

19

Appendix B: Health and Welfare Benefits

1. Continuing Teachers shall pay the full cost of premiums for weekly indemnity and Long Term Disability Insurance.

2. Kaplan shall pay the premium costs for Continuing Teachers for extended health, dental and life insurance benefits.

3. Continuing Teachers may purchase extended health and dental benefits for dependents by paying the additional premium cost.

4. Continuing Teachers who voluntarily choose to work a 2-block schedule shall pay for the costs of premiums for such benefits during such 2-block schedule, as may be available for such Continuing Teachers.

5. Continuing Teachers on unpaid leaves of absence and laid off Continuing Teachers with recall rights shall have the right to maintain such benefits as may be available to such Continuing Teachers, subject to paying the full cost of the premiums.

Appendix "C"

Continuing Teachers and Probationary Teachers: Effective as of January 1, 2015

~ . ~,.- Hourly Rate

~: (for articles ,.", 23.05 and

Ir' -" i 13.03) , .:.J:l $29.62

~" .l!f; $30.80

'_ 3 $34.00 " ; ~ $35.70

,_ ./ ,~, $39.40 I: ';;:'!.. $40.37 , .. ~~. $41.39 1;f 1 $42.42

I~ 11 $43.47

4 Block 3 Block

$46,204.98 $34,653.48 $48,052.20 $36,039.66 $50,422.68 $37,817.52 $53,034.90 $39,775.92 $55,686.90 $41,764.92 $58,458.24 $43,843.68 $61,472.34 $46,104.00 $62,999.28 $47,236.20 $64,566.00 $48,424.50 $66,172.50 $49,629.12 $67,819.80 $50,865.36

2 Block

$23,103.00 $24,026.10 $25,211.34 $26,517.96 $27,843.96 $29,229.12 $30,736.68 $31,499.64 $32,283.00 $33,086.76 $33,909.90

Continuing Teachers and Probationary Teachers: Effective as of July 1, 2015

. '

Hou~1y Rate I

~" (for articles

4 Block 3 Block 2 Block 23.05 and

l" ~ 13.03)

)'If -» ... :''I!. $30.07 $46,898.05 $35,173.28 $23,449.55

~'~;~1 $31.27 $48,772.98 $36,580.25 $24,386.49 < -~< $32.81 $51,179.02 $38,384.78 $25,589.51 \j~ ""," '

.~ $34.51 $53,830.42 $40,372.56 $26,915.73

""jI $36.24 $56,522.20 $42,391.39 $28,261.62 ~ ~

lie ~ $38.04 $59,335.11 $44,501.34 $29,667.56 7;7, ]i $39.99 $62,394.43 $46,795.56 $31,197.73

:,"'-t; ; r.'l $40.98 $63,944.27 $47,944.74 $31,972.13

~. -'I $42.01 $65,534.49 $49,150.87 $32,767.25 i.'"; ' '9 $43.06 $67,165.09 $50,373.56 $33,583.06

'1"0 ir..": $44.12 $68,837.10 $51,628.34 $34,418.55

20

21

Continuing Teachers and Probationary Teachers: Effective as of July 1, 2016

~.:,~. 'It Hourly Rate

~t§p (for articles

4 Block 3 Block 2 Block 23.05 and

I~ y

13.03) . .t

;~' !"0 . -~ $30.52 $47,601.53 $35,700.88 $23,801.29 ,': 1. $31.74 $49,504.58 $37,128.96 $24,752.29

~.~] $33.30 $51,946.71 $38,960.55 $25,973.35

~~~:. $35.02 $54,637.88 $40,978.15 $27,319.47 - "I $36.78 ,\.;;., :. $57,370.04 $43,027.26 $28,685.54

I ~";'c"1 $38.61 $60,225.14 $45,168.86 $30,112.57

;;!.~6 $40.59 $63,330.34 $47,497.49 $31,665.70

:'i.~:;J '" "

$41.59 $64,903.43 $48,663.91 $32,451.72

" 11 , ' $42.64 $66,517.51 $49,888.13 $33,258.75 ~~~ "

'" .:9- $43.70 $68,172.56 $51,129.16 $34,086.81 I~- ~O t 'Jr"i:~Ruol' $44.79 $69,869.65 $52,402.77 $34,934.83

Short-Term Contract Teachers

A Short-Term Contract Teacher's pay shall be $28.00 per Contact Hour, inclusive of the duties set out in article 23.01. Where a Short-Term Contract Teacher has a DELTA or Master's Degree in ESUEFL or Applied Linguistics, the, rate of pay shall be $29.00 per Contact Hour, inclusive of the duties set out in article 23.01.

Placement on the Grid:

Pay Step 0: Bachelor's degree + approved TESL certificate Pay Step 1: Above + more than 12 months of related and documented experience Pay Step 2: Above + DELTA or Masters Degree in ESUEFL or Applied Linguistics

Advancement on the Steps of the Grid:

Advancement on the Steps of the Grid is based on Kaplan Contact Hours plus Vacation to a maximum of four weeks per calendar year, Sick Leave to a maximum of 5 days per calendar year, Pregnancy leave, Parental leave and Jury Duty:

Following completion of probation:

Step 2 follows completion of 1560 hours



Step 5 - DELTA or Masters in ESUEFL or Applied Linguistics or 6240 hours

Step 6 - DELTA or Masters in ESUEFL or Applied Linguistics plus 1560 hours or 7800 hours



22

Step 9 - DELTA or Masters in ESUEFL or ,Applied Linguistics plus 6240 hours or 12480 hours


Appendix "0"

Unifor Social Justice Fund - Employer to deduct 1 cent per hour from each Teacher's pay and will remit it to the Unifor Social Justice Fund.

23

Letter of Understanding - Grid Placement

Continuing Teachers as at July 1, 2011 Proposed Step

Colleen Coffey Christine Hagan Jessica Hayton Karen Johnson Helen Oldfield Samantha Stroh Jennifer Afonso Dianne Mangal Louise Hulett Martin A. Skrypnyk Philip Soffe Catherine Connochie Karen Dredge Neil Kilgour Catherine Moore Maureen Badel Natalia Gil Carolyn Kelly James Moffat Sam ina Ratnani John W. Robertson Carol Vizard Nancy Weatherseed Maria Calleja Jeremy Giles Ellen Peppard Geoff Robinson

9 9 9 9 9 9 6 6 4 4 4 3 3 3 3 2 2 2 2 2 2 2 2 1 1 1 1

*Teachers may contact the Employer to have their grid placement reviewed and corrected, if Kaplan determines it to be appropriate.

24

collective agreement between kaplan international - … and related... · collective agreement...

Documents