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PART A TERMS NEGOTIATED CENTRALLY BETWEEN THE ONTARIO PUBLIC SCHOOL BOARDS’ ASSOCIATION (hereinafter called ‘OPSBA’) AND ONTARIO SECONDARY SCHOOL TEACHERS’ FEDERATION (OSSTF/FEESO) (hereinafter called ‘OSSTF’) PART B TERMS NEGOTIATED LOCALLY BETWEEN WATERLOO REGION DISTRICT SCHOOL BOARD (WRDSB) AND THE SECONDARY TEACHERS’ OF DISTRICT 24, WATERLOO OF THE ONTARIO SECONDARY SCHOOL TEACHERS’ FEDERATION (OSSTF/FEESO) SEPTEMBER 1, 2014 TO AUGUST 31, 2017 The collective agreement shall consist of two parts. Part “A” shall comprise those terms which are central terms. Part “B” shall comprise those terms which are local terms.

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Page 1: PART A and... · 2019. 6. 21. · 1 part a terms negotiated centrally between the ontario public shool oards’ assoiation (hereinafter called ‘ops a’) and ontario secondary school

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PART A

TERMS NEGOTIATED CENTRALLY

BETWEEN

THE ONTARIO PUBLIC SCHOOL BOARDS’ ASSOCIATION

(hereinafter called ‘OPSBA’)

AND

ONTARIO SECONDARY SCHOOL TEACHERS’ FEDERATION (OSSTF/FEESO) (hereinafter called ‘OSSTF’)

PART B

TERMS NEGOTIATED LOCALLY BETWEEN

WATERLOO REGION DISTRICT SCHOOL BOARD (WRDSB)

AND

THE SECONDARY TEACHERS’ OF DISTRICT 24, WATERLOO OF THE ONTARIO SECONDARY SCHOOL TEACHERS’ FEDERATION (OSSTF/FEESO)

SEPTEMBER 1, 2014 TO AUGUST 31, 2017

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

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TABLE OF CONTENTS – Part A Central

C1.00 STRUCTURE AND CONTENT OF COLLECTIVE AGREEMENT ________________________ 10 C1.1 Separate Central and Local terms ___________________________________________________ 10

C1.2 Implementation __________________________________________________________________ 10 C1.3 Parties _________________________________________________________________________ 10 C1.4 Single Collective Agreement ________________________________________________________ 10

C2.00 LENGTH OF TERM/NOTICE TO BARGAIN/RENEWAL _____________________________ 10 C2.1 Single Collective Agreement ________________________________________________________ 10 C2.2 Term of Agreement _______________________________________________________________ 10 C2.3 Amendment of Terms _____________________________________________________________ 10 C2.4 Notice to Bargain _________________________________________________________________ 11

C3.00 DEFINITIONS ____________________________________________________________ 11

C4.00 CENTRAL LABOUR RELATIONS COMMITTEE ___________________________________ 11

C5.00 CENTRAL GRIEVANCE PROCESS _____________________________________________ 12 C5.1 Definitions ______________________________________________________________________ 12 C5.2 Central Dispute Resolution Committee _______________________________________________ 12 C5.3 The grievance shall include: ________________________________________________________ 13 C5.4 Referral to the Committee: _________________________________________________________ 13 C5.5 Voluntary Mediation ______________________________________________________________ 14 C5.6 Selection of the Arbitrator _________________________________________________________ 14

C6.00 VESTED RETIREMENT GRATUITY VOLUNTARY EARLY PAYOUT OPTION ______________ 14

C7.00 BENEFITS _______________________________________________________________ 15 C7.1 Funding _________________________________________________________________________ 15 C7.2 Cost Sharing _____________________________________________________________________ 15 C7.3 Payment in Lieu of Benefits ________________________________________________________ 15 C7.4 WSIB Top-Up ____________________________________________________________________ 16 C7.5 Long-Term Disability (Employee Paid Plans) ___________________________________________ 16

C8.00 STATUTORY LEAVES OF ABSENCE/SEB ________________________________________ 16 C8.1 Family Medical Leave or Critically Ill Child Care Leave ___________________________________ 16

C9.00 SICK LEAVE ______________________________________________________________ 18 C9.1 Sick Leave/Short Term Leave and Disability Plan – Teachers (excluding daily Occ. Teachers) ___ 18

C10.00 PROVINCIAL SCHOOLS AUTHORITY/PSAT _____________________________________ 21

C11.00 MINISTRY/SCHOOL BOARD INITIATIVES ______________________________________ 21

C12.00 OCCASIONAL TEACHERS AND PA DAYS _______________________________________ 22

APPENDIX A – RETIREMENT Gratuities ________________________________________________ 22 A. Sick Leave Credit-Based Retirement Gratuities ___________________________________________ 23 B. Other Retirement Gratuities __________________________________________________________ 23

APPENDIX B – ABILITIES FORM ______________________________________________________ 24

LETTER OF AGREEMENT #1 _________________________________________________________ 26 RE: Sick Leave __________________________________________________________________________ 26

LETTER OF AGREEMENT #2 _________________________________________________________ 27 RE: Regulation 274 - Hiring Practices ________________________________________________________ 27

LETTER OF AGREEMENT #3 _________________________________________________________ 28 Re: Class Size____________________________________________________________________________ 28

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LETTER OF AGREEMENT #4 _________________________________________________________ 29 RE: Benefits ____________________________________________________________________________ 29

LETTER OF AGREEMENT #5 _________________________________________________________ 37 RE: Status Quo Central Items ______________________________________________________________ 37

LETTER OF AGREEMENT #6 _________________________________________________________ 38 RE: Status Quo Central Items as Modified by this Agreement____________________________________ 38

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TABLE OF CONTENTS – Part B Local

ARTICLE LI – PURPOSE _____________________________________________________________ 43

ARTICLE LII - EFFECTIVE PERIOD ______________________________________________________ 43

ARTICLE LIII – RECOGNITION ________________________________________________________ 43

ARTICLE LIV - UNION DUES __________________________________________________________ 43

ARTICLE LV - NO STRIKE or LOCK-OUT _________________________________________________ 44

ARTICLE LVI - MANAGEMENT RIGHTS _________________________________________________ 44

ARTICLE LVII - UNION RIGHTS _______________________________________________________ 44

ARTICLE LVIII - LABOUR/MANAGEMENT RELATIONSHIPS _________________________________ 45

ARTICLE LIX - CATEGORY DEFINITIONS AND IMPLEMENTATIONS ___________________________ 45

ARTICLE LX - BASIC SALARY SCALE AND ALLOWANCES ____________________________________ 47 L10.03 ANNUAL INCREMENTS __________________________________________________________ 48 L10.04 RECOGNITION OF TEACHING EXPERIENCE __________________________________________ 48 L10.05 RESPONSIBILITY ALLOWANCES ___________________________________________________ 50 L10.06 COORDINATORS SALARY SCALE ___________________________________________________ 51 L10.08 RECOGNITION OF POST GRADUATE DEGREES _______________________________________ 52 L10.09 ALLOWANCE FOR RELATED TRADE OR PROFESSIONAL EXPERIENCE _____________________ 52 L10.10 MEMBERS APPOINTED TO TEMPORARY POSITIONS OF ADDED RESPONSIBILITY ___________ 53 L10.11 ADJUSTMENTS DUE TO A CHANGE IN POSITION _____________________________________ 55

ARTICLE LXI - METHOD OF PAYMENT _________________________________________________ 56

ARTICLE LXII - PROBATIONARY PERIOD ________________________________________________ 57

ARTICLE LXIII –RESIGNATION OF EMPLOYMENT _________________________________________ 58

ARTICLE LXIV - BENEFIT PLANS ______________________________________________________ 58 L14.01 EXTENDED HEALTH BENEFITS ____________________________________________________ 59 L14.02 DENTAL PLAN _________________________________________________________________ 59 L14.03 BASIC GROUP LIFE INSURANCE AND ACCIDENTAL DEATH AND DISMEMBERMENT _________ 60 L14.04 OPTIONAL GROUP LIFE INSURANCE AND ACCIDENTAL DEATH AND DISMEMBERMENT _____ 60 L14.05 OTHER BENEFITS _______________________________________________________________ 60 L14.06 ADMINISTRATION OF BENEFIT PLAN ______________________________________________ 61 L14.07 LONG-TERM DISABILITY _________________________________________________________ 61 L14.08 EMPLOYMENT INSURANCE REBATE _______________________________________________ 62 L14.09 GROUP RETIRMENT SAVINGS PLAN _______________________________________________ 62

ARTICLE LXV - LEAVE PLANS _________________________________________________________ 62 L15.01 EDUCATIONAL LEAVE/PROFESSIONAL DEVELOPMENT PROGRAM ______________________ 62 L15.02 EDUCATION LEAVE FUNDING ____________________________________________________ 63 L15.03 CHARGES TO THE EDUCATION LEAVE FUND _________________________________________ 63 L15.04 OTHER LEAVES - 1. Bereavement _________________________________________________ 63

2. Family Health Care Leave _____________________________________________________ 63 3. Miscellaneous Leaves ________________________________________________________ 64 4. Leave To Observe Religious Holy Days __________________________________________ 64

L15.05 PERSONAL LEAVE ______________________________________________________________ 65 L15.06 LEAVE OF ABSENCE FROM A POSITION OF ADDED RESPONSIBILITY _____________________ 65 L15.07 LEAVE OF ABSENCE FOR AN EXTENDED PERIOD _____________________________________ 65 L15.08 PARENTAL LEAVE ______________________________________________________________ 66 L15.09 DEFERRED SALARY LEAVE PLAN___________________________________________________ 68 L15.10 MILITARY RESERVE LEAVE _______________________________________________________ 71

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L15.11 FEDERATION LEAVE ____________________________________________________________ 71 L15.12 JURY OR WITNESS LEAVE ________________________________________________________ 72 L15.13 QUARANTINE _________________________________________________________________ 72

ARTICLE LXVI – TEACHER PERFORMANCE APPRAISAL ____________________________________ 72

ARTICLE LXVII - SICK LEAVE CREDIT BASED RETIREMENT GRATUITY _________________________ 73

ARTICLE LXVIII - GRIEVANCE AND ARBITRATION ________________________________________ 74

ARTICLE LXIX - STAFFING AND WORKLOAD PROVISIONS __________________________________ 80

ARTICLE LXX – STAFFING PROCESSES __________________________________________________ 89 L20.01 TENURE ______________________________________________________________________ 89 L20.02 TEACHER PROFILE SHEET ________________________________________________________ 89 L20.03 PERFORMANCE REVIEW _________________________________________________________ 89 L20.04 STAFFING PROCEDURE FOR POSITIONS EFFECTIVE SEPTEMBER 1 _______________________ 89

1. PROBATIONARY TEACHERS ____________________________________________________ 89 2. NON-PROBATIONARY TEACHERS _______________________________________________ 89 3. TEACHERS SURPLUS TO THE SYSTEM ____________________________________________ 90 4. A: RIGHT TO RETURN OF TEACHERS SURPLUS TO A SCHOOL ________________________ 92

B: VOLUNTARY TRANSFERS __________________________________________________ 93 C: EXCHANGES _____________________________________________________________ 93

5. PART-TIME TO MORE TIME ___________________________________________________ 93 6. JOB POSTINGS ______________________________________________________________ 93

L20.05 TIE-BREAKING PROCEDURES _____________________________________________________ 94 L20.06 APPEALS COMMITTEE __________________________________________________________ 94

ARTICLE LXXI – PART-TIME TEACHERS _________________________________________________ 94

ARTICLE LXXII - SCHOOL CLOSURE AND SCHOOL OPENING STAFFING PROCEDURES ____________ 95

ARTICLE LXXIII - PERSONNEL FILES ___________________________________________________ 96

ARTICLE LXXIV CONTINUING ED. TEACHERS IN NIGHT SCHOOL AND SUMMER SCHOOL CREDIT COURSES _ 97 L24.01 RECOGNITION _______________________________________________________________ 97 L24.02 LEAVES _____________________________________________________________________ 97 L24.03 SALARY _____________________________________________________________________ 97 L24.04 GRIEVANCE __________________________________________________________________ 97 L24.05 UNION RIGHTS AND LABOUR/MANAGEMENT RELATIONSHIPS _______________________ 98 L24.06 RECALL _____________________________________________________________________ 98 L24.07 JOB POSTINGS _______________________________________________________________ 98 L24.08 TERMINATION OF EMPLOYMENT ________________________________________________ 98

ARTICLE LXXV - HOME INSTRUCTION TEACHERS ________________________________________ 98

ARTICLE XXVI – OCCASIONAL TEACHERS _______________________________________________ 99 L26.01 RECOGNITION _________________________________________________________________ 99 L26.03 DEFINITIONS __________________________________________________________________ 99 L.26.04 OCCASIONAL TEACHERS’ ROSTER _________________________________________________ 100 L26.05 CONDITION OF WORK __________________________________________________________ 101 L26.06 SHORT- TERM OCCASIONAL TEACHERS ____________________________________________ 102 L26.07 LONG-TERM OCCASIONAL TEACHER ______________________________________________ 103

ARTICLE LXXVII – OCCUPATIONAL HEALTH AND SAFETY ACT ______________________________ 106

LETTERS OF UNDERSTANDING ______________________________________________________ 107 RE: MEDICAL DOCUMENTATION __________________________________________________________ 107 RE: JOINT BENEFIT REVIEW COMMITTEE ____________________________________________________ 108 RE: MULTI SUBJECT INSTRUCTIONAL PERIOD (MSIP) __________________________________________ 108 RE: ELIMINATION OF HOMEROOM ________________________________________________________ 109 RE: CONGREGATED SPECIAL EDUCATION CLASSES (attached to the Collective Agreement) __________ 109

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RE: PROVISION OF INFORMATION FOR OCCASIONAL TEACHERS ________________________________ 109 RE: RETIREMENT GRATUITY AND DIRECTION ________________________________________________ 110 Re: RETIREMENT GRATUITY PAYMENT _____________________________________________________ 110 RE: DEPARTMENT ORGANIZATION _________________________________________________________ 111 RE: TEACHER RECALL PLACEMENT PROCESS relating to Article L20.04.3.2 (k). ______________________ 111

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Alphabetical List of Key Terms & Article Numbers

Title Central Term Article Local Term Article Abilities Form APPENDIX B

Adoption Leave L15.08

Benefits C7.00, LOA #4 ARTICLE LXIV

Benefits – Health Care L14.01

Benefits – Dental Care L14.02

Benefits – Group Life/AD&D L14.03

Benefits – Optional Life/AD&D L14.04

Benefits - LTD C7.5 L14.07 LONG-TERM DISABILITY

Continuing Ed. Teachers ARTICLE LXXIV

Definitions C3.00 L26.03

Effective Period ARTICLE LII

Grievance Process C5.00 ARTICLE LXVIII

Group Retirement Savings Plan L14.09

Home Instruction Teachers ARTICLE LXXV

Job Postings/Transfers L20.04 6.

Leaves of Absence C8.00 ARTICLE LXV

Leaves – From Position of Added Responsibility

L15.06

Leaves - Bereavement 15.04 1.

Leaves – Deferred Salary L15.09

Leaves – Education Leave L15.01

Leaves – For an Extended Period L15.07

Leaves – Family Health Care C8.1 15.04 2.

Leaves - Federation L15.11

Leaves – Jury or Witness L15.12

Leaves – Military Reserve L15.10

Leaves - Miscellaneous 15.04 3.

Leaves - Parental L15.08

Leaves – Personal Leave L15.05

Leaves - Quarantine L15.13

Leaves – Religious Holy Days 15.04 4.

Management Rights ARTICLE LVI

Medical Documentation LOU

No Strike or Lockout ARTICLE LV

Occasional Teachers ARTICLE XXVI

Occupational Health & Safety ARTICLE LXXVII

Part Time Teachers ARTICLE LXXI

Performance Appraisal ARTICLE LXVI

Personnel Files ARTICLE LXXIII

Probationary Period ARTICLE LXII

Purpose ARTICLE LI

Recognition ARTICLE LIII

Resignation ARTICLE LXIII

Retirement Gratuity C6.00 ARTICLE LXVII , LOU

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Salaries and Allowances ARTICLE LX

School/Program Closure ARTICLE LXXII

Sick Leave C9.00, LOA #1

Staffing Processes ARTICLE LXX

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PART A

TERMS NEGOTIATED CENTRALLY

BETWEEN

THE ONTARIO PUBLIC SCHOOL BOARDS’ ASSOCIATION

(hereinafter called ‘OPSBA’)

AND

ONTARIO SECONDARY SCHOOL TEACHERS’ FEDERATION (OSSTF/FEESO)

SEPTEMBER 1, 2014 TO AUGUST 31, 2017

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C1.00 STRUCTURE AND CONTENT OF COLLECTIVE AGREEMENT

C1.1 Separate Central and Local terms a) The collective agreement shall consist of two parts. Part “A” shall comprise those

terms which are central terms. Part “B” shall comprise those terms which are local terms.

C1.2 Implementation a) Part “A” may include provisions respecting the implementation of central terms by

the school board and, where applicable, the bargaining agent. Any such provision shall be binding on the school board and, where applicable, the bargaining agent. Should a provision in the Central Agreement conflict with a provision in the Local Agreement, the provision in the Central Agreement, Central Term will apply.

C1.3 Parties a) The parties to the collective agreement are the school board and the bargaining

agent.

b) Central collective bargaining shall be conducted by the central employer and employee bargaining agencies representing the local parties.

C1.4 Single Collective Agreement a) Central terms and local terms shall together constitute a single collective

agreement.

C2.00 LENGTH OF TERM/NOTICE TO BARGAIN/RENEWAL

C2.1 Single Collective Agreement a) The central and local terms of this collective agreement shall constitute a single

collective agreement for all purposes.

C2.2 Term of Agreement a) The term of this collective agreement, including central terms and local terms,

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

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

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

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

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

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

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

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

Notice to bargain centrally constitutes notice to bargain locally.

C3.00 DEFINITIONS

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

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

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

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

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

C3.4 “Employee” shall be defined as per the Employment Standards Act.

C3.5 “Professional Judgement” shall be defined as judgement that is informed by

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

C4.00 CENTRAL LABOUR RELATIONS COMMITTEE

C4.1 OPSBA, the Crown and OSSTF agree to establish a joint Central Labour Relations

Committee to promote and facilitate communication between rounds of bargaining

on issues of joint interest.

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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.

C5.00 CENTRAL GRIEVANCE PROCESS

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

C5.1 Definitions a) A “grievance” shall be defined as any difference relating to the interpretation,

application, administration, or alleged violation or arbitrability of an item concerning any central term of a collective agreement.

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

c) The “Local Parties” shall be defined as the Board or the local OSSTF/FEESO

bargaining unit party to a collective agreement.

d) “Days” shall mean regular instructional days.

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

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

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

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

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

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

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iii. To withdraw a grievance.

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

v. To mutually agree to voluntary mediation.

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

d) The Crown shall have the following rights:

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

central parties.

ii. To participate in voluntary mediation.

iii. To intervene in any matter referred to arbitration.

e) Only a central party may file a grievance and refer it to the Committee for

discussion and review. No grievance can be referred to arbitration without three (3) days prior notice to the Committee.

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

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

for the central dispute resolution process.

C5.3 The grievance shall include: a) Any central provision of the collective agreement alleged to have been violated.

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

c) A detailed statement of any relevant facts.

d) The remedy requested.

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

of the other local party.

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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, the central party who has filed the grievance may, within a further 10 days, refer the grievance to arbitration.

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

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

mediator.

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

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

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

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

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

d) Where the central parties are unable to agree upon an arbitrator within 10 days

of referral to arbitration, either central party may request that the Minister of Labour appoint an arbitrator.

e) The remuneration and expenses of the arbitrator shall be shared equally

between the central parties.

C6.00 VESTED RETIREMENT GRATUITY VOLUNTARY EARLY PAYOUT OPTION

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

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

30, 2016.

Pursuant to b) above, the following will apply:

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

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

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

d) If a teacher is 58 years of age or older as at June 30, 2016, the retirement gratuity payout

will be discounted by 2% if they chose the early gratuity payout.

C7.00 BENEFITS

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

C7.1 Funding a) The funding per full-time equivalent will be calculated as per the appended Letter

of Agreement.

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

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

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

C7.3 Payment in Lieu of Benefits a) All employees not transferred to the Trust who received pay in lieu of benefits

under a collective agreement in effect as of August 31, 2014, shall continue to receive the same benefit.

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C7.4 WSIB Top-Up a) Teachers who, as of August 31, 2014, were entitled to Workplace Safety and

Insurance Board benefits top-up, such entitlement shall be as follows: i. Where the WSIB top-up was previously deducted from sick leave the board

shall continue to maintain the same level of top-up without deduction from sick leave.

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

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

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

c) Status quo to be determined.

C7.5 Long-Term Disability (Employee Paid Plans) a) All permanent Teachers shall participate in the long term disability plan (LTD Plan)

as a condition of employment, subject to the terms of the LTD plan.

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

c) Where the plan administrator implements changes in the terms and conditions of

the LTD Plan or the selection of an insurance carrier, the Board shall, for administrative purposes, be advised of changes at least thirty (30) days prior to the date the changes are to be implemented.

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

collective agreements as of August 31, 2014.

C8.00 STATUTORY LEAVES OF ABSENCE/SEB

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

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

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

c) A teacher contemplating taking such leave(s) shall notify the employer of the intended date the leave is to begin and the anticipated date of return to active employment.

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

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

the benefit premiums, where applicable. To maintain participation and coverage under the Collective Agreement, the teacher must agree to provide for payment for the teacher’s share of the benefit premiums, where applicable.

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

Insurance and the Supplemental Employment Benefit (SEB) in accordance with g) to j), if allowable by legislation. An employee who is eligible for E.I. is not entitled to benefits under a school board’s sick leave and short term disability plan.

Supplemental Employment Benefits (SEB) g) The Employer shall provide for permanent teachers, long-term occasional teachers

and teachers hired into a term position who access such Leaves, a SEB plan to top up their E.I. Benefits. The teacher who is eligible for such leave shall receive 100% salary for a period not to exceed eight (8) weeks provided the period falls within the school year and during a period for which the permanent teacher would normally be paid. The SEB Plan pay will be the difference between the gross amount the teacher receives from E.I. and their regular gross pay.

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

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

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

in receipt of employment insurance benefits in accordance with the Employment Insurance Act, as amended, before SEB is payable.

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C9.00 SICK LEAVE

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

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

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

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

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

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

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

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

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

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

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

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

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

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

absence for a partial day.

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

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

ii. This top-up is calculated as follows:

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

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

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

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

f.) Sick Leave and STLDP Eligibility and Allocation for Teachers in a Term Assignment Notwithstanding the parameters outlined above, the following shall apply to Teachers in a term assignment:

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

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

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

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

g.) Administration i. The Board may require medical confirmation of illness or injury to

substantiate access to sick leave or STLDP. Medical confirmation may be required to be provided by the Teacher to access sick leave or STLDP.

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

iii. If the employee’s medical practitioner has indicated on the form

referenced in (ii) above that the employee is totally disabled from work, the Board will not inquire further with respect to the

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employee’s abilities and/or restrictions until the next review of the employee’s abilities and/or restrictions in accordance with the review date indicated on the form, subject to the Board’s ability to seek medical reassessment after a reasonable period of time.

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

practitioner directly.

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

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

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

C11.00 MINISTRY/SCHOOL BOARD INITIATIVES

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

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

c) Teachers’ professional judgement is further informed by using diagnostic assessment to

identify a student’s needs and abilities and the student’s readiness to acquire the knowledge and skills outlined in the curriculum expectations. Information from diagnostic assessments helps teachers determine where individual students are in their acquisition of knowledge and skills so that instruction is personalized and tailored to the appropriate next steps for learning. The ability to choose the appropriate assessment tool(s), as well as the frequency and timing of their administration allows the teacher to gather data that is relevant, sufficient and valid in order to make judgements on student learning during the learning cycle.

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

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

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

C12.00 OCCASIONAL TEACHERS AND PA DAYS

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

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APPENDIX A – RETIREMENT Gratuities

A. Sick Leave Credit-Based Retirement Gratuities

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

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

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

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

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

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

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

i. Near North District School Board

ii. Avon Maitland District School Board

iii. Hamilton-Wentworth District School Board

iv. Huron Perth Catholic District School Board

v. Limestone District School Board

B. Other Retirement Gratuities

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

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APPENDIX B – ABILITIES FORM Employee Group: Requested By:

WSIB Claim: Yes No WSIB Claim Number:

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

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

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

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

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

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

First Day of Absence:

__________________________

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

_____________________________________________________

Date of Assessment: dd mm yyyy

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

PHYSICAL (if applicable)

Walking:

Full Abilities

Up to 100 metres

100 - 200 metres

Other (please specify):

Standing:

Full Abilities

Up to 15 minutes

15 - 30 minutes

Other (please specify):

Sitting:

Full Abilities

Up to 30 minutes

30 minutes - 1 hour

Other (please specify):

Lifting from floor to waist:

Full Abilities

Up to 5 kilograms

5 - 10 kilograms

Other (please specify):

Lifting from Waist to Shoulder:

Full abilities

Up to 5 kilograms

5 - 10 kilograms

Other (please specify):

Stair Climbing:

Full abilities

Up to 5 steps

6 - 12 steps

Other (please specify):

Use of hand(s):

Left Hand Right Hand

Gripping Gripping

Pinching Pinching

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

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Employee Name: (Please print)

Employee Signature:

Employee ID: Telephone No:

Employee Address:

Work Location:

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APPENDIX B – ABILITIES FORM Bending/twisting

repetitive movement of

(please specify):

Work at or above

shoulder activity:

Chemical exposure to: Travel to Work:

Ability to use public transit

______________________

Ability to drive car

Yes No

______________

Yes No

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

Attention and Concentration:

Full Abilities

Limited Abilities

Comments:

Following Directions:

Full Abilities

Limited Abilities

Comments:

Decision- Making/Supervision:

Full Abilities

Limited Abilities

Comments:

Multi-Tasking:

Full Abilities

Limited Abilities

Comments:

Ability to Organize:

Full Abilities

Limited Abilities

Comments:

Memory:

Full Abilities

Limited Abilities

Comments:

Social Interaction:

Full Abilities

Limited Abilities

Comments:

Communication:

Full Abilities

Limited Abilities

Comments:

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

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

3: Health Care Professional to complete.

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

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

Have you discussed return to work with your patient?

Yes No

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

Regular full time hours Modified hours Graduated hours

Start Date: dd mm yyyy

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

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

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

Completing Health Care Professional Name: (Please Print)

Date:

Telephone Number:

Fax Number:

Signature:

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LETTER OF AGREEMENT #1 BETWEEN

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

AND

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

RE: Sick Leave

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

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

2. Responsibility for payment for medical documents.

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

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LETTER OF AGREEMENT #2 BETWEEN

The Ontario Public School Boards’ Association

(hereinafter called ‘OPSBA’)

AND

The Ontario Secondary School Teachers’ Federation

(hereinafter called the ‘OSSTF’)

AND

The Crown

RE: Regulation 274 - Hiring Practices

The parties and the Crown agree that hiring for Long Term Occasional and permanent positions as set out in Regulation 274 under the Ontario Education Act is governed solely by and contained exclusively in that regulation and is outside the purview of this collective bargaining process. The parties and the Crown agree to meet to discuss Hiring Practices (Regulation 274) within thirty (30) days of the ratification of this agreement, with a facilitator jointly selected by the parties. Such facilitated discussion to conclude by December 31, 2015. Return to TOC Return to Key Terms

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LETTER OF AGREEMENT #3

BETWEEN

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

AND

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

Re: Class Size

The parties agree that the issue of class size has been addressed at the Central Table and that the practices and collective agreement provisions currently in effect in local boards shall remain status quo. Such practices and collective agreement provisions shall not be subject to local bargaining or mid-term amendments between local parties. Disputes arising in respect of such provisions shall be subject to Section 43 of the School Boards Collective Bargaining Act, 2014. However in extenuating circumstances exceptions may be made on a case by case basis with the mutual consent of the local parties to support student programming. The parties further agree that the central parties shall permit these discussions to occur. Return to TOC Return to Key Terms

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LETTER OF AGREEMENT #4

BETWEEN

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

AND

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

AND

The Crown

RE: Benefits

The parties agree that, once all employees to whom this memorandum of settlement of the central terms applies become covered by the employee life and health trust contemplated by this Letter of Agreement, all references to life, health and dental benefits in the applicable local collective agreement shall be removed from that local agreement.

The employee representatives, the employer representatives, and the Crown, intend to establish an OSSTF Employee Life and Health Trust (ELHT), (hereinafter, the “Trust”), to provide benefits to teachers and other education workers in the Province of Ontario in accordance with section 144.1 of the Income Tax Act (Canada) (“ITA”). School board benefit plans, herein referred to ‘benefit plans’ can only be moved into the Trust, such that the Trust will be in compliance with the ITA and CRA administrative requirements for an ELHT (the “ELHT Requirements”). It is intended that the Trust be effective September 1, 2016, and that benefit plans will participate in this Trust no later than August 31, 2017. The date on which a benefit plan commences participation in the Trust shall be referred to herein as the “Participation Date”.

The parties acknowledge that the establishment of the Trust represents a substantial commitment both within and beyond the term of the current collective agreement. This letter of understanding is conditional upon its terms continuing in full force and effect beyond the termination date of the collective agreement, and is made in detrimental reliance upon such continuation.

1.0.0 PRINCIPLES

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

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

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

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

2.0.0 GOVERNANCE

2.1.0 Board of Trustees

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

2.1.2 The appointed independent experts will:

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

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

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

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

2.1.4 All voting requires a simple majority to carry.

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

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3.0.0 ELIGIBILITY and COVERAGE

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

3.1.1 The Trust will maintain eligibility for OSSTF represented employees who are covered by the Central Collective Agreement (“OSSTF represented employees”) and currently eligible for benefits in collective agreements. The Trust will also be permitted to provide coverage to other employee groups in the education sector with the consent of their bargaining agents and employer or, for non-union groups, in accordance with an agreement between the Trustees and the school authority. These groups must request inclusion in the Trust, and must agree to comply with the Trust’s financial, data and administrative requirements. The Trustees will develop an affordable plan based on the level of funding that the group brings to the Trust.

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

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

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

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

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

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

4.0.0 FUNDING

4.1.0 Start-Up Costs

4.1.1 The Government of Ontario will provide:

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

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

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

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

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

4.1.3 On the day the District School Boards, the Provincial Schools Authority, school authorities, and Hospital Boards hereinafter referred to as the “Boards” commence participation in the Trust, or as soon as reasonably and feasibly possible thereafter, all eligible and available surpluses in board-owned defined benefit plans will be transferred to the Trust in an amount equal to each employee’s pro rata share based on the amount of the employee’s co-share payment of each benefit. The remaining portion of the Boards’ surplus will be retained by the Boards.

4.1.4 All Boards reserves for Incurred But Not Reported (“IBNR”) claims and CFR, will remain with the existing carriers until those reserves are released by the carriers based on the terms of existing contracts.

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

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

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

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

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Methodology listed above will be applicable for each group leaving an existing policy where the experience of more than one group has been aggregated. Policies where the existing surplus/deficit has been tracked independently for each group are not subject to this provision.

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

4.1.8 In order to ensure the fiscal sustainability of said benefit plans, Boards will not

make any withdrawal, of any monies, from any health care benefit plan reserves, surpluses and/or deposits nor decrease in benefit plan funding unless in accordance with B-Memo B04:2015. It is the parties understanding that Ministry of Education Memo B04:2015 applies and will remain in effect until Board plans become part of the Trust.

4.2.0 On-Going Funding

4.2.1 For the current term the Boards agree to contribute funds to support the Trust as follows:

a. The Boards will continue to provide benefits in accordance with the existing benefit plans and co-pay arrangements until the Employees’ Participation Date in the Trust.

b. On the participation date, for board-owned defined benefit plans, the board will calculate the annual amount of i) divided by ii) which will form the base funding amount for the Trust;

i) “Total cost” means the total annual cost of benefits and related costs including but not limited to claims, administration expenses, insurance premiums, consulting and advisory fees and all other costs and taxes, as reported on the insurance carrier’s most recent yearly statement and, if any, premium costs on other school authority financial statements for the year not ending later than August 31, 2015. The statements are to be provided to the Ministry of Education.

ii) The average number of Full-Time Equivalent (FTE) positions in the

bargaining unit as at October 31st and March 31st for the period consistent with b i).

c. All amounts determined in this Article 4 shall be subject to a due diligence review by the OSSTF. The school authorities shall cooperate fully with the review, and provide, or direct their carriers or other agents to provide, all data requested by the OSSTF. If any amount cannot be agreed between the

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OSSTF and a school authority, the parties shall make every effort, in good faith, to resolve the issue using the data provided, supporting information that can be obtained and reasonable inferences on the data and information. If no resolution to the issue can be achieved, on any material matter, then this Letter of Understanding shall be null and void, no Participation Dates for any Boards shall be triggered and the benefits related provisions of all local agreements, as they were before the adoption of this Letter of Understanding, shall remain in full force and effect.

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

e. An amount of $300 per FTE, in addition to (d) will be provided. f. To the extent that there is an increase agreed to prior to September 1, 2016

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

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

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

annual costs/premiums,

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

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

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

j. The FTE used to determine the Boards’ benefits contributions will be based on the boards’ FTE as of October 31st and March 31st of each year. Each Board’s total FTE shall be verified by the Local Bargaining Unit.

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

l. With respect to daily occasional teachers, where payment is provided in-lieu of benefits coverage, this arrangement will remain the on-going obligation of

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

m. Funding previously paid under (b),(d),(e) and (f) above will be reconciled to the agreed October 31st and March 31st FTE and any identified difference will be remitted to the Trust in a lump sum on or before the last day of the month following reconciliation.

n. In the case of a dispute regarding the FTE number of members for whom the provincial benefits package is being provided, the dispute will be resolved at the boards’ joint staffing committee.

o. As of the day that a Board commences participation in the Trust, Boards will submit an amount equal to 1/12th of the negotiated funding amount as defined in s. 4.2.1 (b), (d), (e) and (f) to the Plan’s Administrator on or before the last day of each month.

5.0.0 SUSTAINABILITY, EFFICIENCY AND ACCOUNTABILITY 5.1.0 Shared Services

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

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

5.1.3 Any procurement of services to support the administration of benefits conducted by the shared services office should include the procurement of these services for all Trusts to ensure the most efficient and cost effective service.

5.2.0 Board of Trustees’ Responsibilities

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

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

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

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5.2.2 Under the Funding Policy, surpluses at the Trust may not be refunded or

distributed in cash, but may be used, as determined by the Trust to:

a. Fund future claims in conjunction with the fixed funding and term contained in the collective bargaining agreement;

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

5.2.3 Under the Funding Policy, actual and projected funding deficiencies of the Trust

will be addressed no later than the next regular plan renewal (as of September 1st) using one or more of the following methods, as determined by the Trust:

a. Use of existing claims stabilization funds; b. Increased member share premium; c. Change plan design; d. Cost containment tools; e. Reduced plan eligibility; and f. Cessation of benefits, other than life insurance benefits.

5.3.0 Accountability 5.3.1 Actuaries and external auditors will be appointed by the Trust. Audited financial

statements, and an actuarial evaluation report will be obtained for the Trust on an annual basis. The actuarial report will include projections for the Trust for a period of not less than 3 years into the future.

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

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

6.0.0 TRANSITION COMMITTEE

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

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LETTER OF AGREEMENT #5 BETWEEN

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

AND

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

RE: Status Quo Central Items

Status quo central items The parties agree that the following central issues have been addressed at the central table and that the provisions shall remain status quo. For further clarity, if language exists, the following items are to be retained as written in 2008/2012 local collective agreements, subject to modifications made during local bargaining in 2013. As such the following issues shall not be subject to local bargaining or mid-term amendment between local parties. Disputes arising in respect of such provisions shall be subject to Section 43 of the School Boards Collective Bargaining Act. Issues:

1. E-Learning

2. Dual Credits

3. Equivalent Learning

4. Additional Professional Assignments / Supervision

5. Staff Meetings

6. Occasional Teacher Workload Provisions

7. Local Committee Structure for Statutory Committees

8. Contracting Out

9. Guarantees Re: Job Security

10. Guaranteed Generation

11. Access to Employment / Increase to FTE Entitlement

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

Principals/Vice Principals

13. Qualification-based allowances

14. VLAP

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LETTER OF AGREEMENT #6

BETWEEN

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

AND

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

RE: Status Quo Central Items as Modified by this Agreement

The parties agree that the following central issues have been addressed at the central table and that the provisions shall remain status quo. For further clarity, the following language must be aligned with current local provisions and practices to reflect the provisions of the 2012-13 MOU. As such the following issues shall not be subject to local bargaining or mid-term amendment by the local parties. Disputes arising in respect of such provisions shall be subject to Section 43 of the School Boards Collective Bargaining Act, 2014. 1. PREGNANCY LEAVE BENEFITS

Common Central Provisions

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

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

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

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

benefit limited by the term of the assignment.

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

benefits.

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e) The teacher must provide the Board with proof that she has applied for and

is in receipt of employment insurance benefits in accordance with the

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

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

receive 100% of salary from the employer for a total of not less than eight (8)

weeks with no deduction from sick leave or STLDP.

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

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

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

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

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

process.

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

employer, the above maternity benefits provisions apply.

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

of the due date or the birth of the child.

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

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

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

Local Bargaining Units will identify which of the SEB plans below apply in their circumstance. The applicable language must be included with the Common Central language above as paragraph l). The full article should then reside in Part B of the collective agreement;

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

2. A SEB plan with existing superior entitlements; 3. A SEB or salary replacement plan noted above that is altered to include six (6)

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meshing with any superior entitlements to maternity benefits. For example, 17 weeks at 90% pay would be revised to provide 6 weeks at 100% pay and an additional 11 weeks at 90%.

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

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

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

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

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

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

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

d) Status quo to be determined.

3. Short Term Paid Leaves The parties agree that the issue of Short Term Paid Leaves had been addressed at the Central Table and the provisions shall remain status quo to provisions in current local collective agreements. For clarity, any leave of absence in the 2008-12 Collective Agreement, that utilizes deduction from sick leave, for reasons other than personal illness shall be granted without loss of salary or deduction from sick leave, to a maximum of five (5) days per school year. Local collective agreements that have more than (5) days shall be limited to five (5) days. These days shall not be used for the purpose of sick leave nor shall they be accumulated from year-to-year. Such provisions shall not be subject to local bargaining or mid-term amendments between local parties. Notwithstanding this stipulation, local collective agreement terms will need to align with the terms above. 4. Retirement Gratuities The issue of Retirement Gratuities has been addressed at the Central Table and the parties agree that formulae contained in current local collective agreements for calculating Retirement Gratuities shall govern payment of retirement gratuities and be limited in their application to terms outlined in Appendix A - Retirement Gratuities. Return to TOC Return to Key Terms

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Disputes arising in respect of such provisions shall be subject to Section 43 of the School Boards Collective Bargaining Act, 2014. The following language shall be inserted unaltered as a preamble to Retirement Gratuity language into every collective agreement:

“Retirement Gratuities were frozen as of August 31, 2012. A Teacher is not eligible to receive a sick leave credit gratuity or any non-sick leave credit retirement gratuity (such as, but not limited to, service gratuities or RRSP contributions) after August 31, 2012, except a sick leave credit gratuity that the Teacher had accumulated and was eligible to receive as of that day. The following language applies only to those teachers eligible for the gratuity above:” [insert current Retirement Gratuity language from local collective agreement]

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PART B TERMS NEGOTIATED LOCALLY

BETWEEN

WATERLOO REGION DISTRICT SCHOOL BOARD (WRDSB)

AND

THE SECONDARY TEACHERS OF DISTRICT 24, WATERLOO OF THE ONTARIO SECONDARY SCHOOL TEACHERS’ FEDERATION (OSSTF/FEESO)

SEPTEMBER 1, 2014 TO AUGUST 31, 2017

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ARTICLE LI – PURPOSE L1.01 It is the intent and purpose of the parties in this Agreement, hereinafter referred to as

"the Agreement", to set forth terms and conditions of employment.

ARTICLE LII - EFFECTIVE PERIOD L2.01 Revisions may only be made to this Agreement with the mutual written consent of the

parties. Each party shall determine its respective bargaining procedures required to provide consent.

ARTICLE LIII – RECOGNITION L3.01 The Board recognizes the OSSTF as the bargaining agent authorized to negotiate on

behalf of its Members employed to teach by the Board and assigned as teachers, including temporary teachers and continuing education teachers delivering continuing education credit courses, to one or more secondary schools or to perform duties in respect of such schools all or most of the time and occasional teachers who are on the Board’s list of occasional teachers and who may be assigned to a secondary school.

L3.02 The Board recognizes the negotiating team of the Bargaining Unit as the group authorized to negotiate on behalf of the Union.

L3.03 The Board recognizes the right of the Bargaining Unit to authorize OSSTF or any other advisor, agent, counsel, solicitor or duly authorized representative to assist, advise, or represent it in matters pertaining to the negotiation and administration of this Collective Agreement.

L3.04 The Board further recognizes the right of OSSTF and/or the Bargaining Unit to represent a Member at any meeting when the conduct or competence of the Member is being questioned.

L3.05 The Bargaining Unit recognizes the right of the Board to utilize the services of representatives of the Trustees’ Association or any other advisor, agent, counsel, solicitor or duly authorized representative to assist, advise, or represent it in matters pertaining to the negotiation and administration of this Collective Agreement.

L3.06 It is agreed that all Letters of Understanding and Appendices agreed to during the Collective Bargaining process and attached to the Collective Agreement are part of the Collective Agreement. If the parties agree during the term of the Collective Agreement to modify the Collective Agreement, a Letter of Understanding shall be agreed to by the parties and be clearly identified as a modification to the Collective Agreement and shall be part of the Collective Agreement.

ARTICLE LIV - UNION DUES L4.01 On each pay date on which an employee is paid, the Board shall deduct from each

employee the OSSTF dues and any chargeable by the Bargaining Unit or an equivalent amount. The amounts shall be determined by OSSTF and/or the Bargaining Unit in

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accordance with their respective constitutions and forwarded in writing to the Board at least thirty (30) days prior to the expected date of change.

L4.02 The OSSTF dues deducted in Article L4.01 shall be remitted to the Treasurer of OSSTF at 60 Mobile Drive, Toronto, Ontario M4A 2P3 no later than the fifteenth of the month following the date on which the deductions were made. Such remittance shall be accompanied by a list identifying the employees, their S.I.N. numbers, annual salary, the number of days worked, salary for the period, and the amounts deducted.

L4.03 Dues specified by the Bargaining Unit in Article L4.01, if any, shall be deducted and remitted to the Treasurer of the Teacher Bargaining Unit OSSTF District 24, Waterloo at 225 Centennial Court, Kitchener, Ontario N2B 3X2 no later than the fifteenth of the month following the date on which the deductions were made. Such remittance shall be accompanied by a list identifying the employees, their S.I.N. numbers, their workplace location, annual salary, the number of days worked, salary for the period, and the amounts deducted.

L4.04 OSSTF and/or the Bargaining Unit, as the case may be, shall indemnify and hold the Board harmless from any claims, suits, attachments and any form of liability as a result of such deductions authorized by OSSTF and/or the Bargaining Unit.

ARTICLE LV - NO STRIKE or LOCK-OUT L5.01 There shall be no strike or lock-out during the term of this Agreement. The terms

“strike” and “lock-out” shall be defined as in the Education Act and the Labour Relations Act respectively.

ARTICLE LVI - MANAGEMENT RIGHTS L6.01 Both parties to this Agreement recognize that, subject to this Agreement, it is the sole

right and responsibility of the Board to operate and manage the affairs of the Board in accordance with the statutes and regulations of Ontario, and that the Board agrees to precede any change to policy which affects Bargaining Unit members by written communication to the Bargaining Unit President.

ARTICLE LVII - UNION RIGHTS L7.01 No Member shall be discharged, demoted, disciplined or suspended without just cause.

L7.02 The parties agree that there shall be no discrimination practiced against Members contrary to the Human Rights Code, nor based on membership in the Union.

L7.03 A Member who has been summoned to a meeting or who has formally requested a meeting for the purpose of discussing a professional difficulty shall be entitled to have a Bargaining Unit representative present. The Member shall be informed of this entitlement to representation prior to the meeting, unless the Board advises the Bargaining Unit about the meeting in advance of the meeting.

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L7.04 The Bargaining Unit shall be allowed to carry out Union business on the Board’s premises at reasonable times and in reasonable locations.

L7.05 The Bargaining Unit and its members shall have reasonable access to school fax machines in order to communicate between the worksite and District Office at a nominal fee established by school policy for non-Board business.

L7.06 The Bargaining Unit shall continue to have reasonable access to the Board’s courier service and the Board’s electronic communications service for communication with its Members and with the Board.

ARTICLE LVIII - LABOUR/MANAGEMENT RELATIONSHIPS

L8.01 The Board agrees to provide new Bargaining Unit Members with access to the Collective Agreement, and the most current Benefits Booklet (if applicable).

L8.02 The Bargaining Unit shall notify the Board annually in writing the names of its representatives as follows: officers, including grievance officer, collective bargaining members, and branch presidents.

L8.03 The Board shall designate bulletin board space for the use of all Members of the Bargaining Unit at an appropriate location and of a reasonable size at each worksite upon which the Union, only, shall have the right to post notices relating to matters of interest to the Union and its members.

L8.04 Board data and information concerning qualifications, allowances, salaries, paid benefits, and any other data relevant to the negotiation and administration of the Collective Agreement shall be made available to the Bargaining Unit upon request, if such material has been or will be produced for the Board’s use.

L8.05 The Board agrees to provide each Bargaining Unit Member with electronic access to the following information: category classification, grid step placement, salary, allowances, benefit plan participation, sick leave credits and top-up bank as of September 1st by October 15th of each year.

ARTICLE LIX - CATEGORY DEFINITIONS AND IMPLEMENTATIONS L9.01 In each school year of this agreement, Category definitions shall be those outlined as of

September 1st in the Ontario Secondary School Teachers' Federation Certification Charts, and in all cases, the certification rating statement issued by the O.S.S.T.F. Certification Board shall be accepted as clear evidence of category. All certification booklets must have Board approval.

L9.02 All Members employed on interim Certificates of Qualifications or Letters of Eligibility shall be paid according to the certification rating statement issued by the O.S.S.T.F. Certification Board.

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L9.03 Newly employed Secondary School Members who lack basic qualifications for teaching in Ontario secondary schools shall be paid not less than Category 1.

L9.04 It shall be incumbent upon the Member to provide documented proof in the form of a Certification Rating Statement from the O.S.S.T.F. as to the Member's appropriate group classification.

At the time of hire, the Board shall inform the Member in writing of the requirement to submit a Certification Rating Statement within five (5) months of the effective date of hire in order to receive a salary adjustment retroactive to the effective date of hire. In the event the Member is unable to meet the above timeline for reasons beyond the Member’s control, the Member must so notify the Board in writing within the five-month period and the Board may grant an extension.

In the event the Certification Rating Statement is not provided or an extension has not been granted within five months of the date of hire, any retroactive salary adjustment shall be made at the beginning of the semester/term (September 1st or approximately February 1st) in which the Statement is provided.

L9.05 In each school year of this agreement, all Secondary School Members newly employed, both experienced and inexperienced, shall be placed, without exception, in the category group for salary purposes consistent with O.S.S.T.F. Certification Charts on September 1.

L9.06 A Member who qualifies for a change in category by reason of improved qualifications shall receive the appropriate differential amount in addition to the increment where applicable.

Where a Member qualifies prior to September first (1st) for a change in category, the adjustment will be made effective from the beginning of school in September of that year. Where a Member qualifies prior to December thirty-first (31st), for a change in category, the adjustment will be made effective January first (1st) of the calendar year following, on submission of the proper documents to the Board. Adjustments are contingent upon proper documentation and such documents must be submitted by March thirty-first (31st) to be effective September first (1st) of the current year or by April thirtieth (30th) to be effective on January first (1st) of the current year.

L9.07 A Member who transfers from the Elementary panel shall be allowed to retain the rating for salary category established under Board-approved Q.E.C.O. Agreement for a maximum of two (2) years after the Member transfers.

At the end of the two (2) years, a Member must acquire an official Rating Statement from the OSSTF if the member continues to teach in a Secondary School.

L9.08 Occasional Teachers in Secondary Long-Term Occasional assignments shall have a rating statement for salary category placement based on the OSSTF Certification Charts identified in Article L9.01.

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ARTICLE LX - BASIC SALARY SCALE AND ALLOWANCES 10.01 (a) For the period September 1, 2011:

CATEGORY

Year 1 2 3 4

0 44,059 45,816 51,063 54,109

1 47,129 49,219 54,765 58,048

2 50,196 52,627 58,460 62,104

3 53,252 56,041 62,154 66,171

4 56,327 59,452 65,853 70,238

5 59,420 62,863 69,561 74,298

6 62,459 66,271 73,258 78,361

7 65,527 69,682 76,963 82,429

8 68,594 73,087 80,665 86,504

9 71,660 76,501 84,368 90,572

10 75,132 79,907 88,074 94,662

(b) For the period September 1, 2015:

CATEGORY

Year 1 2 3 4

0 44,500 46,274 51,574 54,650

1 47,600 49,711 55,313 58,628

2 50,698 53,153 59,045 62,725

3 53,785 56,601 62,776 66,833

4 56,890 60,047 66,512 70,940

5 60,014 63,492 70,257 75,041

6 63,084 66,934 73,991 79,145

7 66,182 70,379 77,733 83,253

8 69,280 73,818 81,472 87,369

9 72,377 77,266 85,212 91,478

10 75,883 80,706 88,955 95,609

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(c) For the period February 3, 2017:

CATEGORY

Year 1 2 3 4

0 44,723 46,505 51,832 54,923

1 47,838 49,960 55,590 58,921

2 50,951 53,419 59,340 63,039

3 54,054 56,884 63,090 67,167

4 57,174 60,347 66,845 71,295

5 60,314 63,809 70,608 75,416

6 63,399 67,269 74,361 79,541

7 66,513 70,731 78,122 83,669

8 69,626 74,187 81,879 87,806

9 72,739 77,652 85,638 91,935

10 76,262 81,110 89,400 96,087

L10.02 Teachers who leave during a school year shall have their salary prorated based on the

number of days worked in each semester multiplied by their FTE workload for those days.

L10.03 ANNUAL INCREMENTS

The annual increment for recognized teaching experience shall be based on the calculation as shown in Article L10.04. Placement on the basic salary scale, Article L10.01, and the Co-ordinators’ salary scale, Article L10.06, will be based on total experience accumulated as of that date.

L10.04 RECOGNITION OF TEACHING EXPERIENCE

Experience as a teacher, including experience as a Long-Term occasional teacher and/or as a continuing education teacher, shall be recognized and calculated as follows:

1. Pregnancy and/or parental leaves shall be considered to be teaching experience for the statutory portion of the leave only.

2. Placement on the salary scale, (Article L10.01) will be based on the total accumulated experience as of the date of calculation.

3. Total days of experience are to be considered. For the purposes of Article L10.04, a year's teaching experience is considered to be 194 days.

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4. If, at the time of calculation each year, there are 97 or more days experience in excess of full years of experience, these days shall be considered to be equivalent to one year of experience for placement on the grid.

5. Part-time and full-time experience shall be accumulated and paid to the appropriate full year of experience as provided for in Article L10.04(4) and as calculated on August 31 of each year. Part-time teaching experience will be prorated to its full-time equivalent at the time of the calculation each year.

6. Calculation of experience will be completed as of August 31st of each year.

7. Previous teaching experience, excluding previous teaching experience in an elementary or secondary school, (i.e. Armed Services, Adult Education Centre, College of Applied Arts and Technology or University, on full-time employment) will be credited as teaching experience for grid placement in the amount of one grid step for each full year of similar teaching experience up to a maximum of seven (7) years of similar teaching experience.

8. Previous secondary or elementary school teaching experience, prior to employment with the Board, will be granted full recognition on schedule up to the maximum salary for the appropriate category as outlined in Article L10.01. Such experience shall be calculated as above, in Article L10.04 (7).

9. Long-Term occasional teaching experience shall be credited as teaching experience for purposes only of advancement on the grid. Increments shall be granted in accordance with the Board’s standard practice as outlined in Article L10.03.

10. Effective September 1, 2009, a newly hired teacher with previous daily occasional teaching experience on or after September 1, 2001 will be given credit for this teaching experience for grid placement purposes at a rate of 1/194 of a year’s experience for each daily occasional day worked. Grid placement and retroactive salary from the date of appointment to that position is subject to proper documentation and such documents must be submitted within five (5) months of the appointment to Human Resources.

11. Documentation related to teaching experience in articles L10.04 (7), (8), (9), and (10)

above shall be provided as follows: At the time of hire, the Board shall inform the Member in writing of any guidelines

related to the documentation required to support any previous experience. Such documentation shall be submitted within five (5) months of the effective date of hire. Salary adjustment shall be made retroactive to the effective date of hire.

In the event the Member is unable to meet the above timeline for reasons beyond

the Member’s control, the Member must so notify the Board in writing within the five-month period and the Board may grant an extension.

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In the event the documentation required is not provided or an extension has not been granted within five months of the date of hire, any retroactive salary adjustment shall be made at the beginning of the semester/term (September 1st or approximately February 1st) in which the documentation is provided.

L10.05 RESPONSIBILITY ALLOWANCES

1. Department Head’s Allowance

(i) Effective September 1, 2011:

Criteria for Responsibility Allowances:

(a) An allowance of $6,603 will be paid to the Head of Department Cat. A.

(b) An allowance of $3,302 will be paid to the Head of Department Cat B.

(c) An allowance of $3,302 will be paid to the Assistant Head of Department.

(d) These amounts shall be in addition to those granted in Articles L10.01 and L10.08.

(ii) Effective September 1, 2014:

Criteria for Responsibility Allowances:

(a) An allowance of $6,603 will be paid to the Head of Department Cat. A.

(b) An allowance of $3,302 will be paid to the Head of Department Cat B.

(c) An allowance of $3,302 will be paid to the Assistant Head of Department.

(d) These amounts shall be in addition to those granted in Articles L10.01 and L10.08.

(iii) Effective September 1, 2015:

Criteria for Responsibility Allowances:

(a) An allowance of $6,669 will be paid to the Head of Department Cat. A.

(b) An allowance of $3,335 will be paid to the Head of Department Cat B.

(c) An allowance of $3,335 will be paid to the Assistant Head of Department.

(d) These amounts shall be in addition to those granted in Articles L10.01 and L10.08.

(iv) Effective February 3, 2017:

Criteria for Responsibility Allowances:

(a) An allowance of $6,702 will be paid to the Head of Department Cat. A.

(b) An allowance of $3,352 will be paid to the Head of Department Cat B.

(c) An allowance of $3,352 will be paid to the Assistant Head of Department.

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2. Consultant’s Allowance

(i) Effective September 1, 2011:

(a) An allowance of $6,603 will be paid to a Consultant.

(b) The amounts shall be in addition to those granted in Articles L10.01 and L10.08.

(ii) Effective September 1, 2014:

(a) An allowance of $6,603 will be paid to a Consultant.

(b) The amounts shall be in addition to those granted in Articles L10.01 and L10.08.

(iii) Effective September 1, 2015:

(a) An allowance of $6,669 will be paid to a Consultant.

(b) The amounts shall be in addition to those granted in Articles L10.01 and L10.08.

(iv) Effective February 3, 2017:

(a) An allowance of $6,702 will be paid to a Consultant.

(b) The amounts shall be in addition to those granted in Articles L10.01 and L10.08.

L10.06 COORDINATORS SALARY SCALE

(i) Effective September 1, 2011:

Year: Coordinator:

0 $106,103 1 $108,002 2 $109,901 3 $111,799 4 $113,701

(ii) Effective September 1, 2014:

Year: Coordinator:

0 $106,103 1 $108,002 2 $109,901 3 $111,799 4 $113,701

(iii) Effective September 1, 2015:

Year: Coordinator:

0 $107,164 1 $109,082

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2 $111,000 3 $112,917 4 $114,838

(iv) Effective February 3, 2017:

Year: Coordinator:

0 $107,700 1 $109,627 2 $111,555 3 $113,482 4 $115,412

L10.07 Any Bargaining Unit member who holds or is appointed to the position of Co-ordinator or Consultant, or who is seconded to a Special Assignment within the Board shall remain a member of the Teachers’ Bargaining Unit for the duration of the assignment.

L10.08 RECOGNITION OF POST GRADUATE DEGREES

1. (i) Effective September 1, 2011, the payment for extra degrees granted Teachers, Consultants and Department Heads shall be as follows:

All Masters Degrees $1,335

Ph.D., or Ed.D. $1,765

Only the highest degree is to be recognized and payment is in addition to the annual salary. If a post-graduate degree is used for category qualification, then the above allowances will be reduced by 50%.

2. Where a Member obtains a qualifying post graduate degree prior to September first

(1st), the salary adjustment will be made effective from the beginning of school in September of that year. Where a Member obtains a qualifying post graduate degree prior to December thirty-first (31st), the salary adjustment will be made effective January first (1st) of the calendar year following. Adjustments are contingent upon proper documentation and such documents must be submitted by March thirty-first (31st) to be effective September first (1st) of the current year or by April thirtieth (30th) to be effective on January first (1st) of the current year.

L10.09 ALLOWANCE FOR RELATED TRADE OR PROFESSIONAL EXPERIENCE At the discretion of the Board, a salary adjustment will be granted at the time of hire for

related experience gained prior to the effective date of hire. For purposes of placement

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on the grid, related trade or professional experience will be credited as the equivalent of teaching experience in the amount of one grid step for each full year of such related experience up to a maximum of 7 years of related (to teaching) experience.

Related experience for calculation purposes means the year(s) beyond the number

required to enter an Ontario Faculty of Education.

At the time of hire, the Board shall inform the Member in writing of the guidelines required to support the grid placement for previous related trade or professional experience and of the requirement to submit such documentation within five (5) months of the effective date of hire. Salary adjustment shall be made retroactive to the effective date of hire.

In the event the Member is unable to meet the above timeline for reasons beyond the Member’s control, the Member must so notify the Board in writing within the five-month period and the Board may grant an extension. In the event the documentation required is not provided or an extension has not been granted within five months of the date of hire, any retroactive salary adjustment shall be made at the beginning of the semester/term (September 1st or approximately February 1st) in which the documentation is provided.

L10.10 MEMBERS APPOINTED TO TEMPORARY POSITIONS OF ADDED RESPONSIBILITY

A. ASSISTANT DEPARTMENT HEADS AND DEPARTMENT HEADS

1. (a) A member shall be appointed to an Acting Position of Added Responsibility within the Bargaining Unit to replace a Member on an approved Leave of Absence of fifteen (15) days or more and shall be paid on the same basis as a Member regularly appointed to a similar position. The appointment to the Temporary Position of Added Responsibility shall be terminated upon the return of the Member on the extended Leave of Absence. The Member in the Temporary Position will be placed in a position similar to the one held prior to the appointment to the Temporary Position of Added Responsibility.

(b) A Member who has been appointed to a Temporary Position of Added

Responsibility as the result of a posted Position of Added Responsibility selection process, shall remain in the position for the duration of the leave of absence of the Member on Leave, subject to satisfactory performance in the position. If the Member on the approved leave is granted an extension beyond two (2) consecutive school years, or if the Member resigns the Position of Added Responsibility position after a leave of absence of two (2) consecutive years, the Member appointed to the Temporary Position of Added Responsibility will retain a Position of Added Responsibility, subject to satisfactory performance in the position.

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2. A Member without specialist qualifications may be appointed to a Temporary Position of Added Responsibility within the Bargaining Unit to replace a Member on an approved Leave of Absence for a period of up to one (1) school year. The period of time may be extended to a maximum of one (1) additional school year by mutual consent of the parties.

It is understood that a member will not automatically retain the position of added responsibility as outlined in Article L10.10 A. 1(a)(b) unless they hold specialist qualifications at the time the Position of Added Responsibility exceeds two (2) consecutive years.

B. TERM APPOINTMENTS – CONSULTANTS AND COORDINATORS (a) The initial appointment to the position of Consultant or Coordinator shall be for a

three-year term. (i) Notwithstanding Article L10.10 B (a), a Member appointed to the position of

Consultant or Coordinator shall retain the right to return to their previous position, in their previous school, at the end of the first or second year after their appointment. The Member shall make the request to return to their previous position no later than April 1.

(ii) Upon completion of a three-year term appointment:

a. The member may apply for an additional three-year term appointment as Consultant or Coordinator;

b. If the Member is not appointed to an additional three-year term, the Member shall return to an equivalent teaching position to the one held prior to their appointment as a Consultant or Coordinator;

(iii) If the Board chooses to reduce the number of Consultants or Coordinators, the

least senior Consultant or Coordinator shall return to their previous position, in their previous school/position, if the Member has completed one or two years as a Consultant or Coordinator. If the Member has completed three, four or five years as a Consultant or Coordinator, the Member shall return to a position equivalent to their previous position.

(iv) If an equivalent position is not available, the Member shall be placed at a school of their choice, subject to availability of a position, prior to the placement of any Untenured Teachers, and shall be paid any Position of Responsibility (PAR) Allowance that would have been paid to the Member, had an equivalent position been available. When an equivalent PAR becomes vacant, the Member shall be placed in the vacant position, or resign the right to a PAR.

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C. ACTING PRINCIPAL, VICE-PRINCIPAL AND TEACHER IN CHARGE

1. No Member of the Bargaining Unit shall be appointed Acting Principal, Acting Vice-Principal or Teacher in Charge excepting those appointments outlined in Article L10.10 C. 2, 3.

2. (a) A Teacher appointed to replace a Vice-Principal or Principal on a temporary basis for 20 or more consecutive days shall be deemed to be an Acting Vice-Principal or Acting Principal and shall be on leave from the Bargaining Unit. For the purposes of this provision, and in accordance with s.277.1 of the Education Act and s.1 of the Teaching Profession Act, on leave shall mean that, for the duration of the assignment, the Acting Vice-Principal or Acting Principal is not a teacher for the purposes of membership in the Bargaining Unit, the Ontario Secondary School Teachers’ Federation or the Ontario Teachers’ Federation. The conditions in the Collective Agreement shall not cover an Acting Vice-Principal or Acting Principal, nor shall the Teacher pay union dues or accumulate seniority. However, the Teacher shall continue to be required to participate in the OSSTF Long-Term Disability Plan for the duration of the Acting appointment.

(b) A Teacher appointed as an Acting Vice-Principal and/or Acting Principal shall be entitled to return to his/her former position in the Bargaining Unit, if it still exists, or a comparable position if it does not, with full rights and privileges as though there had been no break in service with the Bargaining Unit provided that the Teacher’s appointment as Acting Vice-Principal or Acting Principal does not exceed 388 working days or two (2) appointments as Acting Vice-Principal or Acting Principal.

(c) A Member returning to the Bargaining Unit from an Acting Vice-Principal or Principal position shall have reinstated all accumulated seniority in the Bargaining Unit prior to the date of commencement of the Acting Principal or Vice-Principal appointment.

3. In the case of an emergency, a Member may be appointed as Teacher in Charge for a period not to exceed one day. During such time the Member shall be under the supervision of a Supervisory Officer and remain in the Bargaining Unit. The Board shall report such appointments to the Bargaining Unit on a quarterly basis beginning October 31.

L10.11 ADJUSTMENTS DUE TO A CHANGE IN POSITION

1. In the case of an appointment to a position of added responsibility within the Bargaining Unit where a loss of salary may occur, the appointee shall be allowed to receive payment according to the Member's previous classification until the salary of the previous classification is exceeded by the salary of the classification of the new position.

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2. A person in a position of added responsibility within the Bargaining Unit who is reassigned due to a lack of positions available will be placed in a position similar to the one held prior to having been appointed to that position of added responsibility.

3. Should a position of added responsibility in the curriculum area for which the Member is qualified become available, the Member, other than a Member placed into an acting position of added responsibility within the Bargaining Unit, shall have the first right of refusal.

4. The salary of the Member, other than a Member placed into an acting position of added responsibility within the Bargaining Unit, so placed will continue until such time as the Member has been offered and declined a similar position of added responsibility.

L10.12 Effective September 1, 2013, for the purposes of Employment Insurance, the number of insurable hours to be reported shall be 8 hours per day.

ARTICLE LXI - METHOD OF PAYMENT

L11.01 (a) 2014/2015 School Year 2014 2015 August 22 January 9 May 29 September 5 January 23 June 12 September 19 February 6 June 26 October 3 February 20 July 10 October 17 March 6 July 24 October 31 March 20 August 7 November 14 April 3 November 28 April 17 December 12 May 1 December 24 May 15

Annual salaries shall be paid in twenty-seven (27) instalments, effective August 21, 2015. The payments shall be made on the following dates and shall be equal to 0.03704 of the annual contracted salary.

2015/2016 School Year 2015 2016 August 21 January 8 May 27 September 4 January 22 June 10 September 18 February 5 June 24 October 2 February 19 July 8 October 16 March 4 July 22

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October 30 March 18 August 5 November 13 April 1 August 19 November 27 April 15 December 11 April 29 December 24 May 13

Annual salaries shall be paid in twenty-six (26) instalments, effective September 2, 2016. The payments shall be made on the following dates and shall be equal to 0.03846 of the annual contracted salary. 2016 2017 September 2 January 6 May 12 September 16 January 20 May 26 September 30 February 3 June 9 October 14 February 17 June 23 October 28 March 3 July 7 November 11 March 17 July 21 November 25 March 31 August 4 December 9 April 13 August 18 December 23 April 28

NOTE: The Board will post, on its electronic message system, a reminder regarding procedures to access payroll information on the day of the first pay in September and February. Deposit Advices for the previous 12 months will be available through the Board’s electronic information system.

(b) The Board will provide computer access in a private area at the Member’s Worksite

for the Member to access payroll and other confidential Human Resources data. L11.02 Members who leave the Board’s employ or commence an unpaid Leave of Absence

during the school year will be paid any salary owing, less required deductions, up to the last day worked. Such payment shall be made within 30 calendar days of the commencement of the leave or termination of employment, or Board approval, whichever is later.

ARTICLE LXII - PROBATIONARY PERIOD

L12.01 A probationary teacher shall be hired to fill any vacancy arising owing to the death, retirement or resignation of a teacher during the school year, or to replace a teacher whose absence is for a full school year.

L12.02 Notwithstanding Article L12.01, a Member may be replaced by a Long-Term Occasional Teacher during the statutory portion of a pregnancy/parental leave.

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If the Long-Term Occasional Teacher’s assignment extends beyond the statutory portion of a pregnancy/parental leave or extends for the entire school year from September to the end of June, the Long-Term Occasional Teacher will be deemed to have commenced a contract as an Untenured Teacher retroactive to the first day of the Long-Term Occasional assignment. In such case, that Member’s probationary period shall commence on the first day following the statutory leave.

L12.03 A teacher shall serve a probationary period of no longer than one (1) year or ten (10) consecutive working months. Upon successful completion of the probationary period, the Board shall notify the teacher in writing.

ARTICLE LXIII –RESIGNATION OF EMPLOYMENT L13.01 While it is understood that a Member will normally provide at least two weeks-notice of

the intention to terminate employment, nothing herein prevents a Member and the Board from mutually agreeing to the Member’s resignation at any time.

ARTICLE LXIV - BENEFIT PLANS

Note: Subject to Central Terms 7.0 and Letter of Agreement #4

The Board 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.

1. The Waterloo Region District School Board’s Benefit Plan is described in Articles L14.01, L14.02, L14.03, L14.04, L14.05, L14.06 and L14.07.

2. In the event of a strike or lockout, all benefit plans shall remain in force and shall become the full financial responsibility of the Member or the Federation.

3. A copy of the Group Master Policy or Policies of the Insured Benefit Plan relevant to the Bargaining Unit shall be given to the Bargaining Unit within one month of being received by the Board. In the event that the Board changes Carrier(s) of the Insured Benefit Plan, the Board agrees to implement coverage equal to or greater than coverage as described in the Master Policy(ies).

4. The Board and the Bargaining Unit will cooperate in the publication of a Benefits Booklet to be made available to all employees covered by this Agreement.

5. The Benefits Booklet is deemed to be part of this Collective Agreement.

Coverage under the plan is available as follows:

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L14.01 EXTENDED HEALTH BENEFITS

1. Members will have the option to participate in a plan that provides the maximum allowable of "Eligible Expenses" not covered by the Ontario Health Plan. This benefit will have a $25 annual deductible clause for all eligible expenses except semi-private hospital coverage, which shall be fully paid.

2. The cost of the premium for Extended Health Care Benefits to be paid in the following

manner: a) From September 1, 2008 – January 31, 2009, the lesser of: 10% as of the June 2005 rate by the Member (pro-rated for part-time members) or 10% of the rate on September 1 by the Member (pro-rated for part-time

members) and the balance paid for by the Board. b) Effective February 1, 2009 – 95% by the Board, 5% by the Member (pro-rated for

part-time members)

L14.02 DENTAL PLAN 1. The cost of the premium for Dental Plan Benefits to be paid in the following manner: a) From September 1, 2008 – January 31, 2009, the lesser of: 10% as of the June 2005 rate by the Member (pro-rated for part-time members) or 10% of the rate on September 1 by the Member (pro-rated for part-time

members) and the balance paid for by the Board. b) Effective February 1, 2009 – 95% by the Board, 5% by the Member (pro-rated for

part-time members)

2. As of November 1, 1977, all members of the Secondary Teaching Staff will have the option to participate in this plan.

3. After November 1, 1977, every new member of the Board's Secondary Teaching Staff who is not enrolled in a dental plan is required to participate in this plan.

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L14.03 BASIC GROUP LIFE INSURANCE AND ACCIDENTAL DEATH AND DISMEMBERMENT

1. All members of the Secondary Teaching Staff under contract may select either $2,000 or $25,000 coverage. Effective September 1, 2013, all new members of the Secondary Teaching Staff under contract will have $25,000 coverage.

2. The cost of the premium to be paid in the following manner:

a) From September 1, 2008 – January 31, 2009, the lesser of: 10% as of the June 2005 rate by the Member (pro-rated for part-time members) or 10% of the rate on September 1 by the Member (pro-rated for part-time

members) and the balance paid for by the Board. b) Effective February 1, 2009 to August 31, 2009 – 95% by the Board, 5% by the

Member (pro-rated for part-time members) c) Effective September 1, 2009 – 100% by the Member

3. Every new member of the Board's Secondary Teaching Staff is required to participate in the above plan.

L14.04 OPTIONAL GROUP LIFE INSURANCE AND ACCIDENTAL DEATH AND DISMEMBERMENT

1. In addition to the basic group life insurance, employees insured for $25,000 basic life insurance may have an optional amount of insurance in increments of $10,000; from $10,000 up to and including $250,000 in the contract period on the payment of 100% of the premium cost.

2. The Employee may adjust optional insurance coverage each year after being duly notified by the Board. The Employee will have thirty (30) days from receipt of notice to make application for changes.

3. Annual increments of $10,000 may be made without evidence of insurability.

L14.05 OTHER BENEFITS

1. On the death of a Member covered by this Agreement, the Board will continue coverage for the eligible spouse/ dependent(s) of the deceased Member, for a maximum period of two years, subject to:

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a) Payment of the same premium share cost, as was in effect at the death of the Member, by the deceased Member’s spouse/dependent(s), for a period of one year.

b) Payment of 100% of the premium cost by the deceased Member’s spouse/ dependent(s) for an additional (second) year.

2. Pensioners are eligible to remain on a group billing for Extended Health and Dental coverage on payment of 100% of the premium cost. Effective September 1, 2001, pensioners will be pooled into a separate group for Extended Health and Dental Coverage.

3. On the death of a pensioner who has retained Extended Health Benefit coverage and/or Dental coverage, the eligible spouse/dependent(s) is eligible to continue such coverage for a maximum period of two (2) years, on payment of 100% of the premium cost, as provided in Article L14.05.2 above, by the deceased pensioner’s spouse/dependent(s).

L14.06 ADMINISTRATION OF BENEFIT PLAN

The plan will be administered through the Board office and premiums will be handled by payroll deduction.

L14.07 LONG-TERM DISABILITY

1. There shall be a Long-Term Disability Plan paid for by the Members and administered by the Members with assistance from the Board. The Board shall perform the payroll deduction function.

2. Every new Member who is not a Continuing Education Teacher or Occasional Teacher, is required to participate in the plan.

3. Members who are absent from their duties and taking advantage of the provisions of the L.T.D. plan will be placed on L.T.D. status for up to a period of two (2) years when a further appraisal is required.

4. Details of the L.T.D. plan are available upon request from the Bargaining Unit.

5. For the purposes of early intervention, the Board will provide to the Bargaining Unit notification of Members who have had a continuous absence of six (6) or more days due to illness or injury.

6. A Member on a leave due to participation in the Long Term Disability Plan (LTD) may continue to participate in Extended Health Care, Dental and Basic Life Insurance on the same shared-cost premium basis with the Board for benefit coverage that was in effect at the commencement of LTD leave:

(i) For a period of two (2) continuous years on full leave funded by the LTD Plan and subsequently the Member is deemed to be totally disabled from any occupation. If the

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Member is deemed to be totally disabled from any occupation, the Member may continue Benefit coverage provided that Member pays 100% of the premium cost.

Or

(ii) From September 1, 2008 – August 31, 2010 – for a period of four (4) continuous years on leave funded by the LTD Plan provided the Member is not deemed to be totally disabled from any occupation during the four (4) year period. At the end of four (4) years, the Member may continue Benefit coverage on the same prorated shared cost as other Part-time Members.

(iii) Effective September 1, 2010, a Member on a partial leave due to participation in the Long Term Disability Plan (LTD) may continue to participate in Extended Health Care, Dental and Basic Life Insurance on the same shared-cost premium basis with the Board for benefit coverage that was in effect at the commencement of LTD leave.

L14.08 EMPLOYMENT INSURANCE REBATE

The Employment Insurance Commission, in recognizing the Waterloo Region District School Board sick leave plan, has agreed to make a rebate of premiums to the Board. Each Member of the Bargaining Unit is entitled to a portion of this rebate.

L14.09 GROUP RETIRMENT SAVINGS PLAN

Members who choose to contribute to the Educators’ Financial Group (EFG) Group Retirement Savings Plan by means of payroll deduction should inform EFG by November 30 for deductions to take place starting January 1 of the following year or by March 15 for deductions to take place starting the first of May.

ARTICLE LXV - LEAVE PLANS

L15.01 EDUCATIONAL LEAVE/PROFESSIONAL DEVELOPMENT PROGRAM

1. The Bargaining Unit will administer an Education Leave Program such that individual Members will have the opportunity to attend and participate in professional development activities.

2. Short-Term Education Leaves shall be granted for periods of time for the purpose of attending workshops, conferences, trade opportunities, visits to innovative teaching programs, or other project work relevant to education.

3. Short-Term Education Leave Guidelines will be developed by the Bargaining Unit with input from the Bargaining Unit’s Professional Development Committee, Teachers’ Council and the Board.

4. At the discretion of the Director of Education or the Director’s designate, a leave of absence for a short period of time to take part in a meeting or conference, may be granted, without loss of pay.

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L15.02 EDUCATION LEAVE FUNDING

1. The Education Leave Program will be funded by the Board in the amount of:

a. $160,000 for the 2014-2015 school year;

b. $160,000 for the 2015-2016 school year;

c. $160,000 for the 2016-2017 school year.

2. While a Member is on a Short-Term Educational Leave, all provisions of the Collective Agreement, as they applied to the Member at the beginning of the leave, shall remain in effect during the Short-Term Educational Leave and upon the Member’s return from the leave.

L15.03 CHARGES TO THE EDUCATION LEAVE FUND

1. It is agreed that, for the purposes of the Short-Term Education Leave, the fund will pay the full cost of Occasional Teacher coverage when such coverage is provided. The costs incurred by the Member on leave will be reimbursed from the fund subject to the guidelines developed by the Bargaining Unit.

2. Any balance in the fund at the end of the school year shall be carried forward to the fund for the next school year.

L15.04 OTHER LEAVES

1. Bereavement

(a) Leave without loss of pay for up to five (5) school days for a bereavement in the immediate family which shall include; father, mother, sister, brother, son, daughter, spouse or equivalent, stepfather, stepmother, stepson, stepdaughter, ward, fiancé(e).

(b) Leave without loss of pay for up to three (3) school days for a bereavement in the immediate family which shall include; grandfather, grandmother, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, sister-in-law, brother-in-law, stepbrother, stepsister, guardian.

(c) Additional leave without loss of salary for up to two (2) school days may be granted for travel time, only if such is required for (a) and (b) under Article L15.04.1.

(d) Leave without loss of pay for bereavement of aunt, uncle, niece, nephew, or close personal friend subject to the conditions outlined in Miscellaneous Leaves, Article L15.04.03(a) below.

2. Family Health Care Leave

(a) A Member shall be entitled to family health care leave with pay for up to four (4) school days per year as required by the Member to attend to the needs of family members.

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(b) A Member may be granted an extended family health care leave under the conditions outlined in Article L15.07.

3. Miscellaneous Leaves

A Member shall be entitled to leaves with pay and without deduction from sick leave for up to three (3) school days per year for the following purposes and subject to the restrictions indicated:

(a) Bereavement leave for up to one (1) school day for aunt, uncle, niece, nephew or close friend as outlined in (1)(d) above to a maximum of two (2) school days per year.

(b) Writing examinations, but not including preparation time, to a maximum of one (1) school day per year.

(c) Attendance at graduation ceremonies when the Member, Member's spouse and/or children are recipients of a degree to a maximum of one (1) school day per year.

(d) Attendance at civic meetings or conferences where the Member is an elected member of council(s) of a municipality up to two (2) school days per year.

(e) Attendance at conferences directly related to their appointment where a Member is an appointed or elected member of a standing committee of a Municipal council, or a Library Board in the Region of Waterloo and has been duly authorized by the governing body as an official representative up to two (2) school days per year. The maximum of two (2) days applies to (d) and (e) collectively.

(f) Leave to observe Religious Holy Days required by a Member in addition to paid leave days provided in Article L15.04.4(c) below.

4. Leave To Observe Religious Holy Days

(a) Only Religious Holy Days which fall on a school day where the employee is forbidden to work by the Member's religion will be considered.

(b) Members applying for such Religious Holy Days will give one month's notice to the Superintendent of Human Resources, or designate, through the Principal of pending Religious Holy Day(s).

(c) Leave to observe Religious Holy Days will be limited to a maximum of three (3) days with pay and without deduction from accumulative sick leave account. Days in excess of three (3) will be without pay except as otherwise provided in Article L15.04(3)(f) above.

5. Other

(a) Leave without loss of pay for a Member charged over a matter relating to teaching duties and subsequently found not guilty.

(b) When a Member is unable to reach the Member's place of employment from the Member's residence because of weather conditions severe enough to make it

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impossible for the Member to be present, there will be no pay deduction. The above provisions shall also apply if the Member is on Board approved business.

6. The leaves provided for in Articles L15.04 and L15.05 will be granted to part-time teachers on a prorated basis.

L15.05 PERSONAL LEAVE

1. Each Member shall be entitled to up to one (1) school day per school year for the purpose of attending to a personal matter. Application for the leave will be made through the Member’s immediate supervisor. No reason is required for the leave.

2. At the discretion of the Director of Education, or the Director's designate, a leave of absence for a short period of time with or without loss of pay to attend to an important personal matter, may be granted.

L15.06 LEAVE OF ABSENCE FROM A POSITION OF ADDED RESPONSIBILITY

1. A Member in a position of added responsibility seeking a leave of absence from the position shall apply to the Board, in writing, on or before March 1 for the leave to commence the following September.

2. The leave may be granted for one or two years and will not be extended beyond two (2) years.

3. The Member granted a leave will be placed into an assignment for which the Member is qualified and shall be paid a salary based on the terms of this Agreement.

L15.07 LEAVE OF ABSENCE FOR AN EXTENDED PERIOD

Note: Subject to Central Terms 7.0 and Letter of Agreement #4

With reference to L15.07.3. and L15.07.5. below, the Board 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.

1. Members who have completed their probationary period may request either a full-time or a part-time leave of absence, without salary, for a period of a full semester or full year or another period of time mutually agreed to by the Member and the Board. If the leave is not granted, the Board will provide a written explanation to the Member.

The request for leave of absence should be received by the Superintendent of Human Resources, or designate, three (3) months (excluding July and August) prior to the date on which the leave is to commence.

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A Member on leave may request an extension of their leave of absence, either full-time or part-time, for a period of one additional semester or an additional year or another period of time mutually agreed to by the Member and the Board after the completion of the original leave. If the additional year of leave is not granted, the Board will provide a written explanation to the Member.

2. Under exceptional circumstances, a Member may be granted, upon request, a full-time or a part-time leave of absence for a period of up to and including one year beyond two years. Such a leave will be granted at the discretion of the Board and when such a leave is granted, the Board will advise the Union.

3. A Member on leave of absence may continue Group Life, Dental benefits, Supplementary Health benefits and the LTD plan, provided that the Member pays 100% of the cost of such benefits during the leave of absence.

The Board shall convey to each member upon approval of their leave, that if the Member wishes to change their benefit coverage, the Member should contact the Teacher Bargaining Unit Officer regarding benefit coverage prior to the commencement of the leave.

4. If a leave of absence is spent in successful teaching then the Member may be entitled to an allowance for teaching experience as provided in the Board's salary schedule. If the allowance for teaching experience is denied, the Board will advise the Member in writing with an explanation.

5. A Member commencing or returning from an Approved Leave during the school year will have their Benefit Premium Costs prorated according to the number of teaching days taught.

6. It is the responsibility of the Member on leave to request an extension of the leave three (3) months (excluding July and August) in advance if the Member wishes an extension of the leave.

7. Members who are granted a leave of absence for an extended period are guaranteed their position, including positions of responsibility, upon return to the staff of the Waterloo Region District School Board, subject to the enrolment transfer procedures and Article L10.11(2).

8. When a Member requests the opportunity to go to another jurisdiction on loan or exchange, the proposal will be dealt with on its merits. Details as to length of absence, position upon return, payment of salary and/or benefits, should be clearly and firmly established before such a leave is granted.

L15.08 PARENTAL LEAVE

1. Pregnancy and Parental Leave

“Pregnancy Leave” means leave taken for the purposes related to giving birth and/or recovering there from.

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“Parental Leave” means leave taken for the purpose of caring for or adopting a child.

Pregnancy and Parental Leave shall be granted as provided by The Ontario Employment Standards Act and regulations established thereunder.

The Board shall grant to a pregnant Member who is employed by the Board, on the day the leave is requested, a pregnancy leave of at least seventeen (17) weeks or such shorter leave as the Member requests and as provided by the Employment Standards Act.

A Parental Leave shall be granted by the Board on the day the leave is requested, for at least thirty-five (35) weeks or such shorter leave as the Member requests and as provided by the Employment Standards Act.

A Member on Pregnancy and/or Parental Leave shall continue to receive employee benefits, seniority and experience while on the statutory portion of the leave.

The following procedures supplement the provisions of the Employment Standards Act.

In any school year, an Extended Parental Leave shall be granted to the birth mother or adoptive parent which would allow a re-entry date of:

September 1 (or the next school day after this date) in any of the next three (3) school years;

OR the commencement of second (2nd) semester or term in any of the next two (2) school years;

OR such other date as may be mutually agreed to by the Member and the Board.

All such Extended Parental Leaves replace (if for two years or more) or reduce any entitlement to a Leave of Absence for an Extended Period under Article 15.07.

2. a) Leave without loss of pay for up to a total of one (1) day is available to the Member, who is not the primary caregiver for Employment Insurance purposes, to permit the Member to be present at the birth of the Member’s child.

b) Leave without loss of pay for up to a total of one (1) day is available to the Member for attending to the adoption of a child.

3. Members are guaranteed their position, including positions of added responsibility, upon return from pregnancy and/or parental leave, subject to the enrolment transfer procedures and Article L10.11.

4. Supplemental Employment Benefit Plan

i) During an adoption leave, for a period that corresponds to a two (2) week waiting period for E.I., the Board will pay the equivalent of 75% of the salary and allowances that would have been received if the employee had not been on leave. This amount will be paid to the primary caregiver upon submission of proper documentation from E.I.C.

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L15.09 DEFERRED SALARY LEAVE PLAN

1. Description

The Deferred Salary Leave Plan has been developed to afford Members the opportunity of taking a leave of absence for one (1) school year/semester and to finance the leave through deferral of salary. Normally, the deferral of salary is effected over a five (5) year period by the Member accepting a percentage reduction of the proper grid salary and any applicable allowances in each of four (4) years.

The remaining percentage of salary and allowances is retained by the Board and accumulated at interest. Payment is deferred until the 5th year, which is the year of leave. A Member may select a 2 year, 3 year, 4 year, 6 year or 7 year leave plan, instead of 5 year plan, with the percentage adjustments calculated accordingly.

Terms and conditions governing the Deferred Salary Leave Plan must be in accordance with Canada Revenue Agency Regulations and, as such, may change from time to time.

2. Eligibility

Any Member who has completed at least five (5) years continuous service prior to making application is eligible to participate in the Plan.

3. Application and Approval

(a) A Member must make written application to the Superintendent of Human Resource Services on or before April 1st, in any calendar year, requesting permission to participate in the Plan, and indicating choice of a 2, 3, 4, 5, 6 or 7 year plan commencing September 1 of a school year, and the year/semester of leave desired.

Effective September 1, 2015, a Member must make written application to the Superintendent of Human Resource Services, or designate, on or before April 1st, in any calendar year, requesting permission to participate in the Plan, and indicating choice of a 2, 3, 4, 5, 6, or 7 year plan commencing September 1 of a school year, and the year/semester of leave desired.

(b) Written acceptance, or denial with explanation, of the Member’s request, will be forwarded to the Member by May 1st in the school year the original request is made.

(c) Approval of individual requests to participate in the Plan shall rest solely with the Board.

4. Salary Deferral

(a) In each year of membership in the Plan preceding the year/semester of leave, a Member will be paid a reduced percentage of both the regular grid salary and any applicable allowances.

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No more than 33 1/3% of the Member’s salary may be deferred in any one calendar year.

The remaining percentage will be retained by the Board and deposited at interest in an individual trust account for the Member and all remaining monies will be paid to the Member in the year/semester of leave.

(b) The calculation of interest under the terms of this plan shall be done in accordance with the practice of the financial institution with which the Board deals on a day-to-day basis. The trust account so established shall be at the optimum rate obtainable. The Member shall have access to the monies in the accrued interest account less any appropriate deductions for income tax purposes.

(c) While a Member is enrolled in the Plan and not on leave, any benefit tied to salary level shall be structured according to the salary the Member would have received had the Member not been enrolled in the plan.

5. Leave

(a) Leaves granted under this Plan shall be for:

i) a regular school year;

ii) one (1) semester or half school year (non-semestered school).

(b) The leave of absence will be taken in the final year/semester of the Plan.

(c) Should a Member wish to take the leave in any year prior to the final year of the Plan selected, the Member must make application to the Superintendent of Human Resource Services for such change before January 31 of the year of the proposed leave. Upon approval by the Board of this request, the Member shall be paid during the leave any deferred salary plus accumulated interest from the trust account in the Member’s name.

Effective September 1, 2015, should a Member wish to take the leave in any year prior to the final year of the Plan selected, the Member must make application to the Superintendent of Human Resource Services, or designate, for such change before January 31 of the year of the proposed leave. Upon approval by the Board of this request, the Member shall be paid during the leave any deferred salary plus accumulated interest from the trust account in the Member’s name.

6. Salary and Benefits - Year of Leave

(a) The year/semester of the leave must commence no later than six (6) years after the deferral commences. In the year/semester of the leave the Board shall pay to the Member the total of the deferred salary plus any remaining untaxed accrued interest. In accordance with Canada Revenue Agency Regulations, currently, the following methods of payment are available to the Member:

(i) Full-year Leave: Twenty-six (26) equal payments or two (2) lump sum payments at the first pay date in September and January;

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(ii) Semester 1 Leave: Thirteen (13) equal payments or two (2) lump sum payments at the first pay date in September and January;

(iii) Semester 2 Leave: Thirteen (13) equal payments or one (1) lump sum payment at the first pay in February.

(b) The Board shall deduct the amounts required for Income Tax, Canada Pension, Teachers’ Pension Plan, and any statutory benefits. The amount deducted for the Member’s pension will be controlled by rulings as received from the Teachers’ Pension Plan Board and Canada Revenue Agency.

(c) Group Life Insurance, Accidental Death and Dismemberment, Supplemental Health Plan, and Dental Plan benefits will be kept in force by the Board during the Member’s leave of absence; however, the total premium costs during the leave will be paid by the Member.

(d) Sick leave credits will not accumulate during the year/semester of the leave.

(e) While on leave, any benefits tied to salary level shall be structured according to the salary the Member would have received in the year prior to the year/semester of leave had the Member not been enrolled in the Plan.

(f) The Member shall not be employed in any capacity by the Waterloo Region District School Board during the year/semester of leave.

7. Return from Leave

On return from leave, the Member is guaranteed the position held prior to the commencement of the leave subject to the provisions of Article XX. The Member must return to their teaching position with the Board for a period of time not less than the duration of the deferred salary leave. On return to duty, the Member will be placed on the salary grid at the same position as the Member would have been at the commencement of the leave.

8. Withdrawal from the Plan

(a) A Member may withdraw from the Plan at any time prior to taking the leave of absence by notifying the Superintendent of Human Resource Services, or designate in writing before April 1st prior to commencement of leave.

Effective September 1, 2015, a Member may withdraw from the Plan at any time prior to taking the leave of absence by notifying the Superintendent of Human Resource Services, or designate, in writing before April 1st prior to commencement of leave.

(b) Upon withdrawal, all the salary deferred plus any remaining untaxed accrued interest in the trust account, less $200 and appropriate payroll taxes of said account, shall be paid to the Member. Payment shall be made as soon as possible after receiving notification of withdrawal. At the discretion of the Superintendent of Human Resource Services, or designate, the $200 service levy may be waived for compassionate reasons.

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Effective September 1, 2015, upon withdrawal, all the salary deferred plus any remaining untaxed accrued interest in the trust account, less $200 and appropriate payroll taxes of said account, shall be paid to the Member. Payment shall be made as soon as possible after receiving notification of withdrawal. At the discretion of the Superintendent of Human Resource Services, or designate, the $200 service levy may be waived for compassionate reasons.

(c) Should a Member die while participating in the Plan, any monies accumulated in the trust fund plus any remaining untaxed accrued interest will be paid to the estate of the deceased Member.

9. Memorandum of Agreement

A Member wishing to participate in the Plan shall be required to sign an agreement prepared by the Board before final approval for participation will be granted.

L15.10 MILITARY RESERVE LEAVE

1. A leave without pay, for up to two (2) years, shall be granted to any Member whose unit is called to duty.

2. The Member will be permitted to remain enrolled in the benefit plan; however, the premium costs during the leave will be paid by the Member.

3. On return from leave, the Member is guaranteed the position held prior to the commencement of the leave subject to the provisions of Article L15.07(7) Upon return, the Member will be placed on the salary grid at the same position as the Member would have been at the commencement of the leave.

L15.11 FEDERATION LEAVE

1. The Board agrees to provide up to 3.0 FTE Federation Leaves per year to the Bargaining Unit for Federation business. This release time shall be provided to up to 3 Federation Officers identified by the Bargaining Unit no later than May 15 for the following school year. The Federation Officers shall be entitled to all rights and privileges of the Collective Agreement, including but not limited to full salary including major headship allowance, benefits, experience and to entitlements described in C9.00, and the time spent on Federation Leave shall be deemed to be time worked. The Federation shall reimburse the Board for the replacement teacher(s) at the rate of one salary at Category 3, Step 0 for each 1.0 FTE leave.

2. Additional days of Federation Leave, granted at the request of the Bargaining Unit, shall be reimbursed at replacement cost by the Federation. Days spent on Federation Leave shall be deemed to be time worked and the Member shall receive full salary and benefits for the day's leave.

3. A Member elected to a position with OSSTF shall be granted a leave of absence for the duration of the term of office. Upon completion of their term, the Member shall return

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to the position held previously, at the same location if the position exists, or to a comparable position if the previous position does not exist, subject to the enrolment transfer procedures and Article L10.11. The position may be at a different location with the consent of the Member.

In the event that the Member was in a position of added responsibility at the time of their election, then the preceding paragraph applies during the first two (2) years of the leave. After two (2) years, at the conclusion of the leave of absence, the Member will be assigned to a comparable vacant position of added responsibility (or the position held by the Member with the least years of service in the position of added responsibility in the event there is no vacancy).

During the leave, the Member will continue to accumulate seniority.

L15.12 JURY OR WITNESS LEAVE

1. Members shall be entitled to leave with pay and without loss of benefits, seniority, or experience for absence from duty by reason of a summons to serve as a juror, or a summons as a witness in any proceeding to which the Member is not a party or one of the persons charged, provided that the Member pays the Board any fee, exclusive of travelling allowances and living expenses, that the Member received as a juror or as a witness.

2. Where a Member who continues to be in the employ of the District Board is charged with an offence directly related to the Member’s employment, the Member shall not suffer a loss of pay for the time spent in criminal court under a summons.

L15.13 QUARANTINE

Leave with pay and without loss of benefits, experience or seniority shall be granted to a Member despite absence from duty in any case where, because of exposure to a communicable disease, the teacher is quarantined or otherwise prevented by the order of the Public Health Authority from attending upon the Member’s duties.

ARTICLE LXVI – TEACHER PERFORMANCE APPRAISAL

L16.01 The Board shall consult with the Union regarding any new policies or operating procedures relating to Teacher Performance Appraisal.

L16.02 Notwithstanding the time limits contained in Article LXVIII – Grievance and Arbitration, any grievance properly submitted regarding performance appraisal reports may be submitted up to the last day of the school year in which the performance appraisal occurs or up to 97 school days from the time a Teacher receives a Summative Evaluation Report from the Board, whichever occurs later.

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L16.03 Teacher Performance Appraisals shall be in accordance with the Education Act and Regulations thereunder.

L16.04 At the request of the Teacher, a Bargaining Unit representative may be present for any pre classroom observation or post classroom observation meetings.

L16.05 When a Teacher is to receive a Performance Appraisal Report that is rated ‘unsatisfactory’, the Board shall inform the Bargaining Unit President or designate no less than two (2) days prior to the Performance Appraisal being shared with the Teacher, so that the Bargaining Unit may offer assistance to the Teacher. Such assistance may include being present when the Teacher receives the Summative Report.

L16.06 Teachers in charge of an organizational unit shall not be responsible for conducting performance appraisals.

L16.07 A Teacher shall be provided a minimum of forty eight (48) hours’ notice before a classroom observation. In the event of a cancellation of the observation, the observation may occur as soon as the next instructional day.

ARTICLE LXVII - SICK LEAVE CREDIT BASED RETIREMENT GRATUITY Retirement Gratuity Retirement Gratuities were frozen as of August 31, 2012. A Teacher is not eligible to receive a sick leave retirement gratuity after August 31, 2012, except a sick leave credit gratuity that the Teacher had accumulated and was eligible to receive as of that day.

The following language applies only to those Teachers eligible for the Gratuity above. L17.01 A sick leave credit retirement gratuity shall be paid to or on behalf of a Member:

(a) (i) Who has ten or more consecutive years of service immediately preceding retirement with the Waterloo Region District School Board or its predecessors and is eligible to be receiving pension payments from a Teachers' Pension Plan at the time of retirement.

(ii) Who has ten or more consecutive years of service immediately preceding retirement, has attained the age of 49, and commutes their pension. A severance allowance equivalent to the amount of sick leave retirement gratuity that would be paid to a teaching retiring to a pension shall be paid.

(b) From September 1, 1977, full accumulation of unused sick leave days will be permitted, with a maximum accumulation as of June 30, 1977, of 220 days.

In cases of Member illness or disability, this reserve of sick leave days shall be reduced by the number of days of the Member's absence above the statutory allowance for the current year.

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Days of absence while a Member is on the L.T.D. plan, will not be charged against the accumulated Retirement Sick Leave days.

(c) All accumulated days for gratuity purposes must be with the Waterloo Region District School Board or its predecessors.

(d) The daily rate shall be 1/200 of year 0 category 1 for the gratuity calculation.

(e) The calculation shall be *RSLD/2 x (1/200 of year 0 category 1) to a maximum of one-half of category 4 maximum or one-half Member's salary in the last year of teaching, immediately preceding retirement, whichever is less.

*RSLD = Retirement Sick Leave Days

(f) If the date of eligibility for retirement occurs during the school year, a Member may request a leave of absence at the beginning of the school year to cover the period involved in order to retain eligibility for the retirement gratuity.

(g) In the case of a Member on L.T.D. insurance immediately prior to retirement, the Retirement Gratuity calculation will be based on the salary schedule which existed immediately prior to the Member's eligibility for L.T.D. benefits.

(h) Any Member with twenty (20) years of service the Waterloo Region District School Board or its predecessors will, under no circumstances, receive less than ten (10) per cent of the Member's annual salary. Refer to section (g) above if on L.T.D.

L17.02 Payment of sick leave credit retirement gratuity may be made by a method mutually

agreeable to both the Board and to the Member and consistent with legislative requirements.

L17.03 In the event of the death of a Member, the amount of sick leave credit retirement

gratuity that would have been paid to the Member if the Member had retired on the date of said Member's death, shall be paid to the Member's estate.

L17.04 The Retirement Gratuity will be paid one time only.

NOTE: This sick leave credit retirement gratuity plan is agreed upon saving any rights which the Member or the Board may have acquired prior to this date under or by virtue of subsection 8, Section 84 of Bill 44 - An Act To Amend The Secondary Schools and Boards of Education Act.

ARTICLE LXVIII - GRIEVANCE AND ARBITRATION

L18.01 DEFINITIONS

a) A "grievance" shall be defined as any matter arising from the interpretation, application, administration, or alleged violation of this Agreement including any question as to whether a matter is arbitrable.

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b) A "party" shall be defined as:

i) the Union

ii) the Board

c) "Days" shall mean school days unless otherwise indicated. L18.02 A Member shall have the right to have present a representative from OSSTF and/or

the Bargaining Unit to assist the Member at any stage of this grievance and arbitration procedure.

L18.03 INFORMAL STAGE

A Member, with the concurrence of the Bargaining Unit, may initiate a complaint within twenty-five (25) days from the day the cause of the grievance became known, or reasonably ought to have been known, with the Principal or immediate supervisor who shall answer the complaint in writing within ten (10) days after the receipt of the complaint.

L18.04 FORMAL STAGE -

GREIVANCE PROCEDURE - INDIVIDUAL

In the case of a grievance by the Bargaining Unit on behalf of one of its Members, the following steps are to be taken in sequence provided that the informal stage to resolve the matter with the Principal or the immediate supervisor has failed.

(a) Step 1

Within ten (10) days following the reply of the Principal or immediate supervisor under the informal stage, the Bargaining Unit may initiate a written grievance to the Assistant Superintendent of Human Resource Services.

The written grievance shall contain:

i) a statement of the facts to support such a grievance, together with a description of how the alleged dispute is in violation of the Collective Agreement, and

ii) the clauses in the Collective Agreement alleged to be violated; and

iii) the relief sought (remedy); and

iv) the signature of the Grievance Officer or designate of the Bargaining Unit.

With the mutual consent of the Bargaining Unit and the Assistant Superintendent of Human Resource Services, the Assistant Superintendent of Human Resource Services or designate shall meet with the Bargaining Unit representative within ten (10) days from the receipt of the grievance. The Assistant Superintendent of Human Resource Services shall answer the grievance in writing within ten (10) days after the receipt of the grievance, or, within ten (10) days following the meeting if such a meeting occurred.

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Effective September 1, 2015: Step 1

Within ten (10) days following the reply of the Principal or immediate supervisor under the informal stage, the Bargaining Unit may initiate a written grievance to the Superintendent of Student Achievement and Well-Being with the responsibility of OSSTF (Teacher Bargaining Unit) or designate.

The written grievance shall contain:

i) a statement of the facts to support such a grievance, together with a description of how the alleged dispute is in violation of the Collective Agreement, and

ii) the clauses in the Collective Agreement alleged to be violated; and

iii) the relief sought (remedy); and

iv) the signature of the Grievance Officer or designate of the Bargaining Unit.

With the mutual consent of the Bargaining Unit and the Superintendent of Student Achievement and Well-Being with the responsibility of OSSTF (Teacher Bargaining Unit), or designate, the Superintendent of Student Achievement and Well-Being with the responsibility of OSSTF (Teacher Bargaining Unit), or designate, shall meet with the Bargaining Unit representative within ten (10) days from the receipt of the grievance. The Superintendent of Student Achievement and Well-Being with the responsibility of OSSTF (Teacher Bargaining Unit), or designate, shall answer the grievance in writing within ten (10) days after the receipt of the grievance, or, within ten (10) days following the meeting if such a meeting occurred.

(b) Step 2

If the reply of the Assistant Superintendent of Human Resource Services is not acceptable to the Bargaining Unit, the Bargaining Unit may make a written appeal of the decision within ten (10) days to the Executive Superintendent of Human Resource Services.

The Executive Superintendent of Human Resource Services or designate shall meet with the Bargaining Unit representative within ten (10) days from the receipt of the grievance.

The Executive Superintendent of Human Resource Services or designate shall answer the grievance in writing within ten (10) days of such meeting.

If the reply of the Executive Superintendent of Human Resource Services or designate is unacceptable to the Bargaining Unit, the Bargaining Unit may then apply for arbitration but such application must be made within twenty (20) days of the receipt of the reply.

Effective September 1, 2015: Step 2

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the responsibility of OSSTF (Teacher Bargaining Unit), or designate, is not acceptable to the Bargaining Unit, the Bargaining Unit may make a written appeal of the decision within ten (10) days to the Superintendent of Human Resource Services.

The Superintendent of Human Resource Services or designate, shall meet with the Bargaining Unit representative within ten (10) days from the receipt of the grievance.

The Superintendent of Human Resource Services, or designate, shall answer the grievance in writing within ten (10) days of such meeting.

If the reply of the Superintendent of Human Resource Services, or designate, is unacceptable to the Bargaining Unit, the Bargaining Unit may then apply for arbitration but such application must be made within twenty (20) days of the receipt of the reply.

L18.05 GRIEVANCES PROCEDURE - PARTY

In the case of all other grievances by a party to the Collective Agreement (including those on behalf of a group of Members, or an individual Member who by circumstances is unable to initiate an individual complaint), the party making the grievance shall take the following steps in sequence to resolve the matter.

(a) Step 1

The party making the grievance shall make a written grievance to the Assistant Superintendent of Human Resource Services or Grievance Officer of the Bargaining Unit, as the case may be within twenty-five (25) days from the day the cause of the grievance became known or reasonably ought to have been known, who shall answer the grievance in writing within ten (10) days following receipt of the written grievance.

The written grievance shall contain:

i) a statement of the facts to support such grievance, together with a description of how the alleged dispute is in violation of the Collective Agreement, and

ii) the clauses in the Collective Agreement alleged to be violated, and

iii) the relief sought (remedy), and

iv) the signature of the duly authorized official of the party making the grievance.

Effective September 1, 2015: Step 1

The party making the grievance shall make a written grievance to the Superintendent of Student Achievement and Well-Being with the responsibility of OSSTF (Teacher Bargaining Unit), or designate, or Grievance Officer of the

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Bargaining Unit, as the case may be within twenty-five (25) days from the day the cause of the grievance became known or reasonably ought to have been known, who shall answer the grievance in writing within ten (10) days following receipt of the written grievance.

The written grievance shall contain: i) a statement of the facts to support such grievance, together with a description

of how the alleged dispute is in violation of the Collective Agreement, and ii) the clauses in the Collective Agreement alleged to be violated, and iii) the relief sought (remedy), and iv) the signature of the duly authorized official of the party making the grievance.

(b) Step 2

If the reply of the Assistant Superintendent of Human Resource Services is not acceptable to the Bargaining Unit, the Bargaining Unit may make a written appeal of the decision within ten (10) days to the Executive Superintendent of Human Resource Services.

With the mutual consent of the Bargaining Unit and the Executive Superintendent of Human Resource Services, the Executive Superintendent of Human Resource Services shall meet with the Bargaining Unit representatives within ten (10) days from receipt of the grievance. The Executive Superintendent of Human Resource Services shall answer the grievance in writing within ten (10) days after the receipt of the grievance or within ten (10) days following the meeting if such a meeting occurred.

If the reply of the Executive Superintendent of Human Resource Services is unacceptable to the Bargaining Unit, the Bargaining Unit may then apply for arbitration but such application must be made within twenty (20) days of the receipt of the reply.

If the reply of the Grievance Officer is unacceptable to the Board, the Board may then apply for arbitration but such application must be made within twenty (20) days of the receipt of the reply.

Effective September 1, 2015: Step 2

If the reply of the Superintendent of Student Achievement and Well-Being with the responsibility of OSSTF (Teacher Bargaining Unit), or designate, is not acceptable to the Bargaining Unit, the Bargaining Unit may make a written appeal of the decision within ten (10) days to the Superintendent of Human Resource Services.

With the mutual consent of the Bargaining Unit and the Superintendent of Human Resource Services, the Superintendent of Human Resource Services shall meet with the Bargaining Unit representatives within ten (10) days from receipt of the grievance. The Superintendent of Human Resource Services shall answer the

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grievance in writing within ten (10) days after the receipt of the grievance or within ten (10) days following the meeting if such a meeting occurred.

If the reply of the Superintendent of Human Resource Services is unacceptable to the Bargaining Unit, the Bargaining Unit may then apply for arbitration but such application must be made within twenty (20) days of the receipt of the reply.

If the reply of the Grievance Officer is unacceptable to the Board, the Board may then apply for arbitration but such application must be made within twenty (20) days of the receipt of the reply.

L18.06 GRIEVANCE MEDIATION

At any stage in the grievance procedure, the parties by mutual consent in writing may elect to resolve the grievance by using grievance mediation. The parties shall agree on the individual to be the mediator and the time frame in which a resolution is to be reached.

The parties agree that the cost of the mediator shall be split equally between the parties.

The timelines outlined in the grievance procedure shall be frozen at the time the parties agreed in writing to use the grievance mediation procedure. Upon written notification of either party to the other party indicating that the grievance mediation is terminated, the timelines in the grievance procedure shall continue from the point at which they were frozen.

L18.07 ARBITRATION

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

Upon the written request of either party to the other party, the grievance shall be submitted to an Arbitration Panel. The written request shall contain the name of the first party’s appointee to the Arbitration Panel. The recipient of the notice shall, within five (5) days, inform the other of the name of its appointee to the Arbitration Panel. Where two appointees are so selected, they shall, within five (5) days of the appointment of the second of them, appoint a third person who shall be Chairperson.

If the recipient of the notice fails to appoint an Arbitrator or if the two appointees fail to agree upon a Chairperson within five (5) days, the appointment shall be made by the Minister of Labour upon the request of either party.

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A grievance may be submitted to expedited arbitration under Section 49 of the Ontario Labour Relations Act.

L18.08 An Arbitrator or an Arbitration Board, as the case may be, has the powers of an

Arbitrator or Arbitration Board under the Ontario Labour Relations Act.

L18.09 COST OF ARBITRATION

Both parties agree to pay one-half of the fees and expenses of the single arbitrator. In the case of an Arbitration Board, the parties agree to pay the fees and expenses of their respective appointees and one-half of the fees and expenses of the Chair of the Arbitration Board.

L18.10 Timelines may be extended if mutually agreed in writing. L18.11 No Member who is summoned to be in attendance at any stage of the grievance/

arbitration procedures shall be detrimentally affected with respect to any provision within this Collective Agreement.

L18.12 One or more steps in the grievance procedure may be omitted upon the written consent

of the parties. L18.13 Receipt of notification shall be deemed to be the date of delivery of a couriered letter or

the date of personal delivery to the party concerned or if neither of the previously mentioned methods of delivery is used, the date of receipt will be deemed to be when the receiving party identifies the reply was received.

ARTICLE LXIX - STAFFING AND WORKLOAD PROVISIONS

L19.01 BARGAINING UNIT/ADMINISTRATION COMMITTEE

(a) The Board shall establish a Bargaining Unit/Administration Committee by September 30, and maintain such a committee from year to year to manage the staffing requirements of the secondary system and to allocate the system’s “minimum eligible course obligations” for classroom teachers and the FTE Guidance and Library teachers to each secondary school.

(b) The Bargaining Unit/Administration Committee shall be comprised of equal representation from the Board and the Bargaining Unit:

• the President or designate of the Bargaining Unit • the Chief Negotiator or designate of the Bargaining Unit • Two (2) additional Bargaining Unit representatives appointed by the

Bargaining Unit • the Manager of Human Resources – Secondary or designate

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• Two (2) Principal representatives appointed by the Board • the Board’s Superintendent of Human Resource Services or designate • Two (2) additional Board representatives as assigned by the Superintendent

of Human Resources

(c) The Committee shall:

(i) review by April 30th the total complement of secondary system teaching personnel needed for the following year in accordance with Article L19.03;

(ii) have the right to review the application of surplus and redundancy procedures and ensure that procedures are properly followed;

(iii) meet with any or all of the In-School Staffing Committees, if required, to review each school’s share of the system’s secondary staff;

(iv) review the distribution of the minimum eligible course obligations to classroom teachers within schools at least twice during the school year;

(v) review changes in existing practices with respect to terms of working conditions and employment;

(vi) examine the effects on the terms and conditions of employment brought about by changes in legislation and/or regulations; and

(vii) monitor the workload of Members throughout the system, including the number and pattern of supervision assigned in each school.

(d) The Committee shall have direct access to the Committee of the Whole of the Board

pertaining to all matters described above.

L19.02 IN-SCHOOL STAFFING COMMITTEE

(a) An In-School Staffing Committee shall be established and maintained from year to year in each secondary school.

(b) An In-School Staffing Committee shall be comprised of the following:

• the OSSTF Branch President or designate from the Branch Executive; • the Branch Collective Bargaining Representative or designate from the Branch Executive; • the Principal; and • a Vice-Principal.

(c) The Committee will act as an advisory body to review the staffing of the school which shall include, but is not limited to, class sizes, supervision schedules, new staffing initiatives, school enrolment projections, impact to staffing and surplus and redundancy declarations.

(d) As a minimum, the Committee shall meet:

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(ii) prior to the end of September;

(iii) no later than two weeks after the commencement of second semester;

(iv) no later than two weeks subsequent to October 31 and March 31.

L19.03 STAFF GENERATION AND ALLOCATION

1. The Full-Time Equivalent (FTE) classroom teaching staff assigned to credit courses shall be the number of FTE staff required to provide for an average class size of all secondary school classes, in the aggregate, a maximum of 22 to 1 with a maximum teacher workload in accordance with Article L19.04. The number of FTE classroom teachers assigned to credit courses shall be based on the projected student ADE and adjusted when the actual ADE becomes known. The Bargaining Unit Administration Committee (BUAC) will review compliance with this article no later than September 1 each year.

The Board shall ensure that the complement of secondary school teachers is determined based upon the following:

The total classroom credit teaching staff FTE will be generated through the application of the following factors: Total projected funded credits, ADE (excluding Priority One), divided by the average class size to a maximum of 22, divided by the teacher workload as defined in Article L19.04.

The Board shall ensure that the secondary system’s instructional time for the school year is allocated to schools based on the application of the following criteria:

i) Weighted student selections shall take into account the percentage make-up of a school’s courses.

ii) Classroom divisors will be based upon the course selections for each school and the application of the following factors:

If Academic = 1.000, then Applied = 0.8760 Limited Facility = 0.7300 Essential/Practical/Workplace = 0.5330

iii) Additional teaching staff will be added to decrease the ESL classes to an average class size of 14.

iv) Special Education Resource Withdrawal staff shall be the total instructional staff generated in the classroom component, divided by 25.19. Special Education Resource Withdrawal staff delivering credit courses may be counted in the classroom teacher total in Article L19.03(1) to the extent that the average class size does not exceed 22. A teacher shall be assigned to each Special Education congregated class.

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v) The number of FTE guidance teachers shall be equal to 2.7 times the Board’s ADE divided by 1000.

vi) The number of teacher librarians shall be 16 FTE. 2. In order to address student success initiatives and increase student retention, the

following increase in the allocation of teachers shall apply:

(a) Effective September 1, 2005: i) Student Success Teachers: Sixteen (16) total FTE to be allocated one (1) FTE per school; each one (1) FTE

to be allocated to a maximum of two (2) teachers per school whose sections shall include direct instruction and intervention for at-risk students, in a classroom setting, consistent with the Waterloo Region District School Board Student Success Framework September 1, 2008, as amended from time to time.

ii) Support for Essential/Workplace and Applied courses: 6 additional sections – KCI (1.0 FTE) 6 additional sections – GPSS (1.0 FTE) 6 additional sections – SJAMSS (1.0 FTE) 6 additional sections – GRCI (1.0 FTE) 6 additional sections – JHSS (1.0 FTE) Thirty (30) additional (5.0 FTE) teaching sections shall be distributed amongst

the remaining schools proportionately based upon student Essential/ Workplace and Applied credit enrolment.

iii) Additional Library Support: 16 additional periods of Teacher-Librarian time (2.67 FTE) distributed equally

amongst all schools. (b) Effective September 1, 2006, in order to support student success initiatives and

increase student retention, the following increase in the allocation of teachers shall apply, beyond the increase on September 1, 2005:

i) Forty-five (45) additional teaching sections (7.5 FTE) (based on a projected

student ADE of 19,841 and adjusted when the Actual ADE becomes known) , beyond the increase on September 1, 2005, shall be distributed amongst the schools proportionately based upon student Essential/Workplace and Applied credit enrolment.

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ii) In additional, one (1.0) FTE Student Success Teacher and one (1) section of Teacher-Librarian time (0.1667 FTE) will be allocated to Huron Heights Secondary School.

(c) Effective September 1, 2007, in order to support student success initiatives and

increase student retention, the following increase in the allocation of teachers shall apply, beyond the increase on September 1, 2005 and September 1, 2006:

i) Fifty-four (54) additional teaching sections (9.0 FTE) (based on a projected

student ADE of 19,841 and adjusted when the Actual ADE becomes known) beyond the increases on September 1, 2005 and September 1, 2006, shall be distributed amongst the schools proportionately based upon student Essential/Workplace and Applied credit enrolment.

(d) Effective February 1, 2009, in accordance with the Provincial Discussion Table

(PDT) Agreement, the following increases in the allocation of teachers shall apply, beyond the increases on September 1, 2005, September 1, 2006 and September 1, 2007:

February 1, 2009 – 3.8 FTE September 1, 2009 – 3.7 FTE September 1, 2010 – 6.3 FTE September 1, 2011 – 6.2 FTE Based upon student credit enrolment, these teachers shall be allocated to sections

such as, but not limited to, GLS, OLC, ESL Literacy, Essential Level English and Math in non-Fast Forward schools and additional credit recovery.

(e) A secondary school’s Average Daily Enrolment in “Dual Credit” courses shall be

included in the calculation of the number of secondary teaching positions required in the Board pursuant to this Collective Agreement and/or any class size regulation.

3. Department Organization

(a) The following shall be considered as Category A departments with Department

Heads: Business Studies Counselling/Guidance English (including Drama) English as a Second Language History Mathematics

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Physical Education (including Dance) Science Special Education Technological Studies (including Food Services)

The following shall be considered as Category B departments with Department

Heads: Visual Arts Family Studies Fast Forward Geography Languages Library Music

i. The following Departments shall have an Assistant Head:

English

ii. In order to qualify for appointment as an Acting Head of Department or an Acting Assistant Head, an individual shall have completed at least one year of satisfactory teaching in the Waterloo Region District School Board.

L19.04 ASSIGNED TIME AND PREPERATION TIME (a) All full-time teachers will be assigned the equivalent of six (6) timetabled classes.

(b) No teacher shall be assigned more than the equivalent of three (3) timetabled classes per semester.

(c) For the 2008 – 2009 school year, a teacher shall not be assigned more than 48 minutes of supervision, on-call, homeroom, student mentorship or teacher mentorship per day, to a maximum of one hundred and ninety-two (192) minutes per two weeks except as follows: duties may be blocked in units in consultation with the In-School Staffing Committee and with the mutual consent of the teacher. A maximum of twenty-six (26) half periods per year may be assigned as on-calls.

(d) For the 2009 – 2012 school years, a teacher shall not be assigned additional duties beyond the following:

2009 - 2010

i. A maximum of 2280 minutes of supervision and on call duties assigned in half periods.

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2010 - 2011

i. A maximum of 2090 minutes of supervision and on call duties assigned in half periods.

ii. A maximum of 24 half period on calls.

2011 - 2012

i. A maximum of 1900 minutes of supervision and on call duties assigned in half periods.

ii. A maximum of 24 half period on calls.

A teacher shall not be assigned more than one duty per day or two duties per week.

Duties may be blocked in units in consultation with the In-School Staffing Committee and with the mutual consent of the teacher.

(e) Supervision assignments shall be determined in consultation with the In-School

Staffing Committee. Supervision shall be assigned to teachers in an equitable manner in consultation with the In-School Staffing Committee.

(f) Teachers shall not be assigned duties in addition to those described in (a) to (c)

above. Time not assigned in accordance with this article shall be available to the teacher for preparation and marking.

L19.05 Each teacher shall be entitled to a lunch break of a minimum of forty (40) consecutive

minutes between classes. Lunch break shall be in periods 2, 3, or 4 in a school with 75 minute periods or in periods 3, 4, or 5 in a school with less than 75 minute periods, unless agreed upon through mutual consent by the teacher, principal and Bargaining Unit.

L19.06 A teacher’s maximum number of pupil teacher contacts per year shall be based upon

the number and level of classes taught times the recommended maximum class size indicated below:

Classroom Academic, University, University/College Level 30 Classroom, College, Open Level 26 Classroom Applied 24 Modified/Essential/Workplace Level 16 Limited Facility - Family Studies/Technological Studies 20 English as a Second Language Classes 17

For the purposes of calculating pupil-teacher contacts, each student who is earning an Essential level credit in any of English, Math, or Science during the current school year, and who is placed in Applied, College, or Open Level Classes will count as ‘two’ students in the calculation of the size of each of these classes. No more than five Essential level students may be double-counted per class per teacher.

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A teacher in a semestered school shall be assigned no more than 100% of the number of students by year as outlined above. The calculation will be completed by October 15th for first semester assignments, and no later than March 15th for second semester assignments. A one-half credit course shall count as a 1.0 class for the purpose of the calculation only.

A teacher in a non-semestered school shall be assigned no more than 100% of the number of students, as outline above. The calculation will be done no later than October 15th. A one-half credit course shall count as a 1.0 class for the purpose of the calculation only.

This clause shall not result in additional staff beyond that provided for in Article L19.03, and shall not adversely affect the program requirements of a school

Example – Non-semestered school:

A teacher with 3 Academic level and 3 Applied level classes would calculate the maximum pupil teacher contacts as follows:

3 x 30 + 3 x 24 = 162 students

Example – Semestered school:

A teacher with 1 Academic level and 2 Applied level classes in the first semester, the maximum pupil teacher contacts in that semester would be:

1 x 30 + 2 x 24 = 78 students

A teacher with 1 Academic level and 1 Applied level class and 1 Modified/Essential class in the second semester, the maximum pupil teacher contacts in that semester would be:

1 x 30 + 1 x 24 + 1 x 16 = 70 students

The maximum number of pupil teacher contacts by year for the semestered teacher would be:

78 + 70 = 148 students L19.07 Extra-curricular activities are voluntary and the Board agrees to continue to regard such

activities as voluntary. The Board and the Union recognize the value of extra-curricular activities. Extra-curricular activities shall not be assigned to any Bargaining Unit Member.

L19.08 E-LEARNING – ELECTRONICALLY DELIVERED CURRICULUM

1. Credit courses offered by way of electronically delivered curriculum shall be conducted according to the requirements of the Education Act and Regulations that apply to regular day school credit courses.

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2. All electronically delivered credits offered by the Waterloo Region District School Board will be taught by teachers covered in Article LXIX.

3. All electronically delivered courses shall be part of a teacher’s workload as defined in

Articles L19.04, L19.05 and L19.07 and counted toward a teacher’s pupil-teacher contacts as outlined in Article L19.06.

4. All lesson preparation, teaching, monitoring, evaluation, testing and reporting of

marks to the home school of the student for students taking e-Learning credit courses will be the responsibility of the teacher assigned to the e-Learning course.

5. A teacher teaching an e-Learning course(s) will be assigned a work station/ work

area in the teacher’s secondary school with the necessary resources for teaching an on-line course.

6. The teacher will not use their personal email in any aspect of the delivery of the e-

Learning program.

7. A teacher teaching e-Learning courses will report to school board personnel only and will be evaluated only by the principal or vice-principal and/or supervisory officers employed by the Board.

L19.09 SCHOOL YEAR AND TIME IN LIEU

(a) The length of the school year shall be the minimum required under the Education Act.

(b) Members shall not be required to perform their assigned duties at any time which falls outside the designated school year. Members who agree, by mutual consent,

to work outside the designated school year shall receive compensating days equal to the number of days worked, to be scheduled by mutual consent during the course of the school year. No Secondary School Teacher Bargaining Unit member shall have an increased workload as a result of another Bargaining Unit member taking time in lieu.

L19.10 The Board shall not require any teacher to administer medication or perform any medical or physical procedure on any pupil that subjects the Teacher to injury or liability. The Board shall not direct any Teacher to examine nor diagnose pupils for communicable conditions or diseases.

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ARTICLE LXX – STAFFING PROCESSES

L20.01 TENURE

A Teacher Bargaining Unit Member shall have tenure once the Member begins their third year of service (after their most recent date of hire into a position in the Bargaining Unit) with the Board. Tenured Members shall be included in the secondary teaching staff for the following school year subject to Article L7.01.

L20.02 TEACHER PROFILE SHEET

1. For the purpose of this Agreement, “qualifications” shall refer to qualifications as per the College of Teachers Certificate of Qualification.

2. All Tenured Teachers will update their Teacher Profile Sheet or indicate there is no change from the previous year’s Teacher Profile Sheet by April 1. Any Teacher requesting a voluntary transfer shall ensure that their Teacher Profile Sheet correctly identifies the school(s) to which a transfer has been requested and the preferred subject area(s) for which the Teacher is qualified.

3. All Untenured Teachers shall complete a Teacher Profile Sheet, stating school preferences and the preferred subject area(s) for which the Teacher is qualified and submit it to the Principal by April 1.

L20.03 PERFORMANCE REVIEW

Any teacher who is under performance review or is subject to ongoing disciplinary action will be placed at their current school subject to Articles L20.04(1), L20.04(2) and L20.04(3).

L20.04 STAFFING PROCEDURE FOR POSITIONS EFFECTIVE SEPTEMBER 1

1. PROBATIONARY TEACHERS A Probationary Teacher is a teacher who has not completed ten (10) consecutive working months or one year working for the Board as of the date of the Secondary Staffing Placement Meeting. All Probationary Teachers shall be placed on a Placement List in order of seniority with their qualifications identified. A Probationary Teacher will be recalled in order of seniority, to an available position for which the teacher holds qualifications after all Non-Probationary Teachers have been placed, subject to qualifications and curricula program needs, including Voluntary Transfers. If the seniority of Probationary Teachers is tied, the tie-breaking provisions in Article L20.05 will apply.

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A Non Probationary Teacher is a teacher who has completed their Probationary Period as provided in Article L20.04(1).

(a) All Non-Probationary Teachers will be placed into their current school, subject to qualifications and the availability of a position. A Non-Probationary Teacher returning from a leave is the responsibility of the originating school.

(b) If tenured teachers cannot be placed into their current school, then the tenured

teachers in order of seniority will be placed, subject to qualifications and curricula program needs, into a vacant position (including those vacancies identified as a result of Article L20.04.1) at a school identified on their Teacher Profile Sheet. If such a tenured Teacher cannot be placed into a vacant position at a school identified on their Teacher Profile Sheet, then that Teacher will be placed subject to qualifications and curricula program needs, into a position at a school identified on their Teacher Profile Sheet held by a non-tenured Teacher previously placed under Article L20.04(2)(a).

For purposes of this Article, a tenured Teacher would be required to identify at least three (3) schools on their Teacher Profile Sheet.

(c) If non-tenured Non-Probationary Teachers cannot be placed into their current

school or non-tenured Non-Probationary Teachers are displaced in the process outlined in Article L20.04(2)(b), then the non-tenured Non-Probationary Teachers, in order of seniority, will be placed, subject to qualifications and curricula program needs, into a vacant position (including those vacancies identified as a result of Article L20.04(1) at a school identified on their Teacher Profile Sheet.

For the purposes of this Article, a non-tenured Non-Probationary Teacher would be required to identify at least five (5) schools on their Teacher Profile Sheet. If a non-tenured Non-Probationary Teacher cannot be placed into one of the schools identified on their Teacher Profile Sheet, then the Teacher will be placed into a vacant position at another secondary school, subject to qualifications and curricula program needs.

(d) If all non-tenured Non-Probationary Teachers cannot be placed into a position,

non-tenured Non-Probationary Teachers who remain unplaced after Article L20.04(2) (c) will be placed, subject to qualifications and curricula program needs, in order of seniority, into a position held by a non-tenured Non-Probationary Teacher previously placed in Article L20.04(2)(a) with the least seniority.

3. TEACHERS SURPLUS TO THE SYSTEM

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Only Untenured Teachers can be surplus to the system.

Teachers not placed and not required for staffing purposes for September 1, shall be notified in writing of termination of employment by the preceding May 1.

1. (a) A list of names of those notified by the Board shall be provided to the

Bargaining Unit prior to May 1 and prior to notification of any Member affected.

(b) The Board will provide each Teacher not required for staffing purposes for

September 1 with a letter of reference by June 1 outlining the fact that termination of this Teacher’s employment is due solely to redundancy.

2. (a) The Board shall maintain and publish a recall list of redundant Teachers each

September 1 in order of seniority. The list shall include their areas of qualifications on file with Human Resources as of September 1, and the amount of time (FTE) of their positions at the time of termination. This recall list will be provided to the Bargaining Unit on September 1.

(b) Teachers who have been notified in writing of termination of employment have the right of recall for three (3) years from the termination date. Teachers will be recalled to a position for which they hold qualifications on file with Human Resources at the time of recall in the order of their seniority on the recall list.

(c) If there are two (2) or more Teachers with the same seniority, tiebreakers as per Article L20.05 will be applied to determine the Teacher recalled.

(d) Recall rights shall be applicable to Part-time as well as Full-time Teachers. However, as long as there are Teachers with Recall Rights, Part-time Teachers shall only be recalled to part-time assignments equal to their FTE entitlement. If a Teacher is recalled to a position that is less than their FTE entitlement at the time of termination, the Teacher shall remain on the recall list.

(e) Teachers on recall shall have the right to maintain participation in the benefit plan with those benefits held at the time of being declared redundant, at their own full cost for a period of one year.

(f) Teachers on the recall list shall be responsible for informing the Board and the Bargaining Unit of any change in address, including summer address and telephone number(s), and for providing the Board with the necessary documentation regarding new areas of qualifications.

(g) An offer of a position may be made by telephone by an official representative of the Board. If direct contact with the Teacher is made, the Teacher shall be responsible to inform the representative of the Board or designate of

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acceptance or rejection of the offer within 24 hours of direct contact, exclusive of Saturday and Sunday. A Teacher who fails to inform the Board within twenty-four (24) hours shall be deemed to have rejected the offer.

Further, if no contact is made by telephone, the Board shall contact the Teacher, in writing, by Priority Post or courier. It shall be deemed a refusal of an offer if a redundant Teacher does not respond to the offer of a position on the second calendar day by 5:00 pm after receipt of the written offer, exclusive of Saturday and Sunday.

(h) If a Teacher is recalled to a position in the school from which the Teacher was declared redundant, the Teacher shall be placed. If the Teacher does not accept the placement, the Teacher’s name will not remain on the Recall List.

(i) If a Teacher is recalled to a position in a school other than the one from which the Teacher was declared surplus, the Teacher has the right of refusal of one position that is offered and remain on the Recall List.

(j) A Teacher who is recalled to a position with the Board following the effective date of termination shall be placed into a position as though there were no break in service. Notwithstanding the foregoing, if a Teacher is recalled to a position with the Board more than ten (10) instructional days following the effective date of termination, time equivalent to the time on the recall list may be added to the remaining probationary period. Teaching experience for grid placement purposes shall not accrue during any period of layoff.

Teachers who have been terminated by the Board because of redundancy and who subsequently are recalled by the Board shall maintain any sick leave credits for sick leave purposes or for calculation of their Retirement Gratuity.

(k) Teachers on recall shall be placed into available LTO sections as LTO teachers, up to or equivalent to their FTE entitlement, where possible, based on qualifications, curricula program needs and seniority. It is understood that sections may be assigned in Semester 1, Semester 2 or both Semesters.

4. A: RIGHT TO RETURN OF TEACHERS SURPLUS TO A SCHOOL

Prior to the placement of any Probationary Teachers or any Voluntary Transfers, any teachers who were identified as surplus to a school’s needs and were transferred in the previous year may be returned to their previous school if a vacancy exists for September 1, subject to qualifications and curricula program needs.

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B: VOLUNTARY TRANSFERS

(i) After Non-Probationary Teachers have been placed pursuant to Article L20.04(2) and prior to the placement of any Probationary Teachers, every effort will be made to place Non-Probationary Teachers who have requested a transfer on their Teacher Profile Sheet into vacant positions in schools and assignments as indicated as a preference on their Teacher Profile Sheet, subject to qualifications, curricula program needs and seniority.

A Teacher who has requested a transfer shall accept a placement at a

school and in the subject areas indicated as a preference on the teacher’s Teacher Profile Sheet as provided in Article L20.02.

(ii) Further to Article L20.04(4B)(i) if two or more Members are qualified to be

placed into the same vacant position, with the same seniority, the Tie-breaking Procedures in Article L20.05 will be used to determine which Member will be placed.

C: EXCHANGES After the completion of the Staffing Meeting and prior to June 15, Members,

including those in Positions of Responsibility, may exchange positions for one year subject to the mutual consent of the Teachers and Principals involved. The exchange may be extended for one additional year, subject to the mutual consent of the Teachers and Principals involved.

5. PART-TIME TO MORE TIME

After all Teachers have been placed into a position equivalent to their current FTE entitlement, in accordance with the procedures in Article LXX, requests from Part-time Teachers for increased time will be considered subject to Article LXXI.

6. JOB POSTINGS

After all Teachers have been placed into a position equivalent to their current FTE and all requests for more time have been considered, a series of Job Postings for available positions will be generated.

Internal job postings shall be available in all locations where Teachers work. Except as otherwise agreed to by the Bargaining Unit and the Board, the job posting shall be available for a minimum of three (3) working days.

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Posting #1 - open only to contract Teacher Bargaining Unit Members. Posting #2 - open only to Members eligible for Posting #1 plus OSSTF Occasional Teacher Bargaining Unit Members who are on the LTO List. If only two (2) postings are generated, then postings would also be available to external hiring. Posting #3 - (if applicable) open only to OSSTF Occasional Teacher Bargaining Unit Members who are on the OT Roster. Posting #4 - (if applicable) open to external applicants.

L20.05 TIE-BREAKING PROCEDURES

(a) the Member with the greatest FTE; (b) aggregate secondary teaching experience with the Waterloo Region District

School Board; (c) by lot.

L20.06 APPEALS COMMITTEE

An Appeals Committee made up of the OSSTF TBU President, OSSTF TBU Chief Negotiator, Human Resources Manager and Superintendent of Human Resource Services, or designate, shall meet in the event that any Teacher or Principal wishes to appeal how a Teacher is being placed or was placed during the Staffing Process.

ARTICLE LXXI – PART-TIME TEACHERS L21.01 Part-time teachers who wish to increase their regular full-time equivalent (FTE) for the

following school year, shall make such request by April 1, on their Teacher Profile Sheet. L21.02 Part-time teachers who have received a written notice during the current year that

indicates the Member's work is deemed unsatisfactory by the Principal that outlines instructions for improvement, will not have their request for an increase in their Full-Time Equivalent (FTE) considered.

L21.03 At the Secondary Staffing Placement Meeting, after all Teachers have been placed into

positions equivalent to their Full-Time Equivalent (FTE), part-time Teachers who have applied to increase their FTE shall be placed into an available position with the Board in order of seniority in a location to which they have requested a Voluntary Transfer on their Teacher Profile Sheet and for which they hold qualifications, in all areas of the timetable, according to their College of Teachers Certificate of Qualification.

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In the event that the part-time Teacher is qualified to teach the majority of the timetable, the Teacher may be assigned the timetable by mutual consent of the Teacher and the Principal, subject to the Education Act and Regulations.

L21.04 Subsequent to the Secondary Staffing Placement Meeting and prior to the

commencement of the next school year, part-time Teachers who have requested to increase their FTE shall be offered available positions in a location to which they have requested a Voluntary Transfer and subject to the criteria specified in Article L21.03.

L21.05 After the commencement of the school year, part-time teachers who have requested

an increase in their FTE shall be offered increased time that becomes available at their current worksite at any time during the remainder of the school year and subject to the criteria specified in Article L21.03.

L21.06 A Member who is assigned to more than one (1) worksite shall have the same rights to

increased time at one (1) worksite as provided under Articles L21.03, L21.04 and L21.05 above.

L21.07 All part-time Teachers shall be eligible to apply to the Job Postings identified in Article

L20.04(6). L21.08 A part-time teacher who has timetabled duties assigned in one (1) or two (2) periods in

a semestered school, or up to three (3) periods in a non-semestered school, shall, where possible, have those periods and any other assigned duties timetabled consecutively either in the morning or in the afternoon. The Principal shall make every effort to schedule the A.M. or P.M. preference of the part-time Teacher. Any such assignment shall remain in that portion of the day for which it was assigned throughout the school year, unless otherwise agreed to by the Member.

L21.09 Except as otherwise provided in this Agreement, the grid salary and benefits

contributions of a part-time Teacher shall be prorated in the ratio that the Teacher’s assignment bears to a full-time assignment.

L21.10 All part-time teachers shall be assigned credit/credit-equivalent courses and the

proportional amount of equivalent duties and/or special programs to that of a full-time teacher.

ARTICLE LXXII - SCHOOL CLOSURE AND SCHOOL OPENING STAFFING PROCEDURES

L22.01 The staffing provisions in Articles LXX and LXXI apply to the annual staffing process. Staffing processes related to school closures and opening of new schools will be agreed to prior to the closure or opening of a school.

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ARTICLE LXXIII - PERSONNEL FILES L23.01 A Central Electronic File for each Member shall be maintained in the Human Resources

Department of the Board and shall be available by appointment and open to the member for inspection in the presence of a Manager of Human Resources or designate, during the regular working hours of the Human Resources Department, with reasonable notice.

L23.02 The Site File for each contract teacher shall be maintained in a secure location at their

work location by their Principal and shall be available and open to a member for inspection in the presence of the Principal or designate, with reasonable notice. If a site file is created for a Long-term Occasional teacher, it shall also be maintained in a secure location at their work location by their Principal and shall be available and open to a member for inspection in the presence of the Principal or designate, with reasonable notice.

L23.03 Members shall receive copies of any items placed in their Human Resources file. L23.04 The signature of a Member on any document respecting the performance or conduct of

that Member shall be deemed to be evidence only of the receipt thereof and shall not be construed as approval of, consent to, or agreement with the contents.

L23.05 At the teacher’s request, personally or through the Bargaining Unit, documents

contained in a teacher’s Human Resources or school file of a disciplinary nature and all supporting documents shall be removed from these files thirty-three (33) months after their date of issue, unless further similar disciplinary action has occurred in that period.

Notwithstanding the foregoing, disciplinary material regarding suspensions,

harassment or violence, or any discipline related to physical, emotional or psychological harm to students or other employees of the Board will remain in the teacher’s Human Resources and School files.

L23.06 The Board shall ensure that all records and information (including offence declarations

and C.P.I.C. records) obtained pursuant to Regulation 521/01 of the Education Act or any subsequent regulation or law dealing with the same matter, are stored in a secure location and in a confidential manner. Normal, daily access to such records and information shall be limited to the Superintendent of Human Resource Services and those personnel designated by the Superintendent of Human Resource Services.

L23.07 The Board shall not externally release any information about a teacher obtained pursuant to Regulation 521/01, or any subsequent regulation or law dealing with the same subject matter, except for the purpose of exercising statutory obligations.

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ARTICLE LXXIV - CONTINUING EDUCATION TEACHERS IN NIGHT SCHOOL AND SUMMER SCHOOL CREDIT COURSES

L24.01 RECOGNITION

The provisions set out in Article LXXIV shall constitute the entire agreement of the parties on the terms and conditions of employment for Members teaching night school or summer school Continuing Education credit courses.

L24.02 LEAVES

1. Bereavement Leave

A Member in a Continuing Education program will have the rights and privileges as stated in Article L15.04(1) (a), (b) and (c).

2. Leave of Absence A Member may request, in writing, a leave of absence for up to one year. The leave shall be granted. Only two consecutive leaves will be granted.

3. Any Member who is required to act as a juror or court witness, will be granted the necessary leave of absence, without loss of pay or seniority, where applicable, provided that the payment the Member receives from the court, exclusive of expenses, is turned over to the Board.

4. Leave with pay and without loss of benefits, experience or seniority, where applicable, shall be granted to a Member for a period of quarantine when declared by the Medical Officer of Health or designate.

L24.03 SALARY 1. (a) Effective September 1, 2014 the hourly rate of pay will be $49.49. (b) Effective September 1, 2015 the hourly rate of pay will be $49.98. (c) Effective September 1, 2016 the hourly rate of pay will be $49.98. (d) Effective the 98th instructional day of the 2016-2017 school year the hourly rate of pay will be $50.23. 2. Vacation Pay will be paid at the rate of 4%. Members shall be paid for hours worked according to the pay dates outlined in Article

L11.01 of this Collective Agreement.

L24.04 GRIEVANCE

The Grievance Procedure as outlined in Article LXVIII shall be available to Continuing Education Members.

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L24.05 UNION RIGHTS AND LABOUR/MANAGEMENT RELATIONSHIPS

Union rights as outlined in Article LVII and Article LVIII shall be available to Continuing Education Members.

L24.06 RECALL

Upon the satisfactory completion and satisfactory performance of the night school or summer school credit course for which a Continuing Education member is paid, such Continuing Education member shall be given the opportunity to submit a written expression of interest in teaching the same course at the same grade and level of difficulty.

Should the Board offer this particular credit course at the same worksite within the year following completion of this credit course, and require a Continuing Education member to teach it, then the Board will offer that position to the Continuing Education member who had submitted a written expression of interest as above, subject to satisfactory performance. Where there are a greater number of teachers who have submitted requests than available sections at a particular worksite, the teacher(s) with the most teaching experience in that course at that worksite will be placed into the assignment(s).

L24.07 JOB POSTINGS

Members employed in night school or summer school continuing education positions shall be eligible to apply to internal Continuing Education job postings.

L24.08 TERMINATION OF EMPLOYMENT

(a) at any time by mutual consent in writing of the Teacher and the Board;

(b) if the Teacher has entered upon the teaching duties at any time by either party given written notice to the other not less than forty-eight hours before the date of termination specified in the notice; or

(c) by the Board at any time without notice to the Teacher where, before the commencement of the course or class or teaching in the subject, the Board has resolved not to offer the course, class or subject.

ARTICLE LXXV - HOME INSTRUCTION TEACHERS L25.01 Effective September 1, 2014 payment will be made at the rate of $27.00 per hour plus

mileage from the home of the Member. Effective September 1, 2015 payment will be made at the rate of $27.27 per hour

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Effective September 1, 2016 payment will be made at the rate of $27.27 per hour plus mileage from the home of the Member. Effective the 98th day of the 2016-2017 school year payment will be made at the rate of $27.41 per hour plus mileage from the home of the Member.

ARTICLE XXVI – OCCASIONAL TEACHERS

L26.01 RECOGNITION The provisions set out in Article LXXVI shall constitute the entire agreement of the parties on the terms and conditions of employment for the Secondary Occasional Teachers.

L26.02An Occasional Teacher shall be entitled to the following provisions of the Collective Agreement:

Article LI Article LII Article LIII Article LIV Article LV Article LVI Article LVII Article LVIII (L8.01, L8.02, L8.03, L8.04) Article LIX (L9.01, L9.02, L9.03, L9.04, L9.05, L9.06, L9.08) Article LX (L10.12) Article LXII (L12.02) Article LXVIII (L18.01, L18.02, L18.03, L18.04, L18.05, L18.06, L18.07, L18.09, L18.10,

L18.11, L18.12, L18.13) Article LXIX (L19.01, L19.05, L19.07, L19.08) Article LXXIII

L26.03 DEFINITIONS

a) “Occasional Teacher” – means a teacher who is employed to teach as a substitute for a tenured teacher, a teacher without tenure, or a Long-Term Occasional Teacher who is absent from regular duties for a temporary period that is less than ten (10) consecutive months as defined by September 1 through June 30.

b) “Certified Occasional Teacher” – means a teacher who is qualified to teach in the province of Ontario as defined in the Acts and Regulations.

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c) “Short-Term Occasional Teacher” – means a teacher who is required to teach in accordance with section a) for a period of time that is less than the time to be defined as a “Long-Term Occasional Teacher” as stated in section d).

d) “Long-Term Occasional Teacher” – means a teacher who is required to teach

under section a) for a period of ten (10) or more consecutive teaching days in the same assignment. Consecutive Days towards a Long-Term Occasional Assignment shall not be interrupted by a P.A. Day, Inclement Weather Day or Emergency Day.

L.26.04 OCCASIONAL TEACHERS’ ROSTER

a) The Board shall use only Certified Occasional Teachers from the Secondary OT Roster in Short-Term Occasional Teacher assignments. It is understood that when a Certified Teacher is not available, the Board may appoint a person who is not a teacher under Regulation 298, section 21, Appointment to Teach in Case of an Emergency.

b) The Board will provide the President of the Bargaining Unit with access to an alphabetized list of Occasional Teachers, which includes names, addresses, phone numbers, and qualifications.

c) Any Occasional Teacher, who wishes their name to be removed from the Roster, shall make this request in writing.

d) An Occasional Teacher, who has accepted occasional teacher assignments that constitute a minimum of ten (10) full or half days of work, prior to June 15th each school year, shall have their name maintained on the Occasional Teachers’ Roster for the next school year.

An Occasional Teacher who has not accepted occasional teacher assignments that constitute a minimum of 10 full or half-days of work, prior to June 15th each school year, will be notified by Human Resources, electronically through their Board provided e-mail account, no later than June 30th, that their employment as a Secondary Occasional Teacher is terminated effective June 30th.

An Occasional teacher whose employment has been terminated may appeal the decision in writing to the Manager of Human Resources responsible for Secondary Occasional Teachers no later than August 31st. Included in the Occasional Teacher’s appeal will be an explanation for not reaching the 10 full or half-day threshold. The Human Resources Manager responsible for Secondary Occasional Teachers and the Bargaining Unit President or designate will review the Occasional Teacher’s appeal to determine if an exemption is to be granted. If agreement on the appeal cannot be reached, the Occasional Teacher’s name will be placed on the Occasional Teachers’ Roster for the next school year. In the

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event that the same circumstances arise with the same Occasional Teacher in the year following placement back on the Occasional Teachers’ Roster and should no agreement be reached regarding the continued placement on the Occasional Teachers’ Roster, the Occasional Teacher’s name shall be removed from the Occasional Teachers’ Roster.

e) An Occasional Teacher who has accepted occasional teacher assignments that constitute a minimum of ten (10) full or half days of work, prior to June 15th each school year, may request a leave from the Occasional Teachers’ Roster for a period not to exceed one school year. The request will be made in writing to the Human Resources Manager responsible for Secondary Occasional Teachers. The Occasional Teacher’s name will be added to the Occasional Teacher Roster at the end of the leave.

Notwithstanding Article L26.04(d), an Occasional Teacher who is unable to complete the required 10 full or half-days of work due to a personal illness, serious family illness or statutory leave shall be allowed, with written notification, to request a leave from the Occasional Teachers’ Roster and not be subject to the threshold in Article L26.04(d). For clarification, family is defined as set out in Article L26.07(f) (iii) (a).

f) An Occasional Teacher may be a member of more than one teachers’ bargaining unit.

g) Before the Board repopulates the Secondary OT Roster, the Board and the Bargaining Unit shall meet to discuss the current composition of the OT Roster.

L26.05 CONDITION OF WORK

a) An Occasional Teacher/Management Committee will meet at the request of either party to discuss items of concern.

b) The timetable for a Long-Term Occasional Teacher shall be constructed according to the same criteria as that of other teachers in the same school.

c) A full-day timetable for a Short-Term Occasional teacher shall be constructed

according to the same criteria as that of other teachers in the same school to a maximum per day of 3.5 periods in a school with 75-minute periods or 4.5 periods in a school with periods less than 75 minutes.

d) All assignments are for a full day unless defined as a half-day assignment as

specified below:

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A half-day shall be defined as a maximum per day of 2 periods in a school with 75-minute periods or 2.5 periods in a school with periods less than 75 minutes.

e) When applicable, a timetable for a half-day or a full day may be constructed from a

conglomerate of single-or-multi-period leaves occurring within the school.

f) Grievance and Arbitration: The Arbitration Board shall not, by any decision rendered, add to, delete from, modify or otherwise amend the provisions of this Article LXXVI.

g) A morning OT assignment ends at the beginning of the lunch period, provided their

classroom and other duties are completed as outlined below: a) All core duties of the assignment must be completed b) Supervisions assigned by the morning school have been carried out

appropriately c) Time required to prepare notes for the regular teacher, complete appropriate

sign-out procedures and/or return materials to main office as necessary. Items a, b, and c cannot be left undone in order to travel to another assignment. It is the responsibility of an OT to ensure sufficient travel time before accepting the afternoon assignment. An afternoon OT assignment may begin as early as the mid-point of the lunch period. It is understood that the following classroom and other duties must be completed prior to leaving the school as outlined below: a) All core duties of the assignment must be completed b) Supervisions assigned by the afternoon school have been carried out

appropriately c) Time required to prepare notes for the regular teacher, complete appropriate

sign-out procedures and/or return materials to main office as necessary.

L26.06 SHORT- TERM OCCASIONAL TEACHERS

a) Rates of Pay The Board shall pay rates of remuneration in accordance with the following: The daily rate of a Certified Short-Term Occasional Teacher shall be 1/194 of

Category 1, 0 (zero) years experience of the Basic Salary Scale, Article LX, L10.01. Vacation pay is included in the daily rate.

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A Non-Certified Short-Term Occasional Teacher shall be paid at a rate of 75% of the Certified Short-Term Occasional Teacher. Vacation pay is included in the daily rate.

The maximum amount payable to a Short-Term Occasional Teacher shall not

exceed one (1) full day. b) The daily rate of pay for a Short-Term Occasional Teacher, as provided in Article

L26.06(a) shall be deemed to include assigned supervision.

c) Cancellation: The Board shall give a minimum of two (2) hours notice of cancellation of any prearranged short-term assignment. Should the cancellation of a prearranged assignment occur without notice, the Board shall pay the Short-Term Occasional Teacher the pay the Occasional Teacher would have received for that assignment and the Occasional Teacher shall report for alternate duties.

L26.07 LONG-TERM OCCASIONAL TEACHER

a) An Occasional Teacher employed on a regular basis for ten (10) or more consecutive teaching days in the same assignment, in any one school year, shall be paid on a prorated salary appropriate to the teacher’s qualifications and experience in compliance with the established salary schedule as per Article LX, L10.01, retroactive to the date of appointment in that position.

In addition, a Long-Term Occasional Teacher shall be paid three dollars ($3.00) per day worked in lieu of benefits. Payment in lieu of benefits, for each two-week period, shall take place each pay date.

It is understood and agreed that the salary of the Long-Term Occasional teacher includes vacation and statutory holidays.

b) A Long-Term Occasional Teacher shall be paid a proportion of 1/194 of a salary appropriate to the teacher’s qualifications and experience in compliance with Article LIX – Category Definitions and Implementations and Article LX – Basic Salary and Allowances (Articles L10.01, L10.04 and L10.09) based on the number of classes taught plus assigned supervision, retroactive to the date of the appointment to the position.

c) Effective September 1, 2009, for a newly hired Long-Term Occasional Teacher with previous daily occasional teaching experience on or after September 1, 2001 will be given credit for this teaching experience for grid placement purposes at a rate of 1/194 of a year’s experience for each daily occasional day worked. Grid

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placement and retroactive salary from the date of appointment to that position is subject to proper documentation and such documents must be submitted within five (5) months of the appointment to Human Resources.

d) Professional Activity Days: A Long-Term Occasional Teacher who is scheduled to work when there is a professional activity day shall be paid for the day provided that the Long-Term Occasional Teacher participates in the scheduled professional activities. A professional activity day shall not interrupt a Long-Term Occasional Teacher Assignment.

e) Supervision Duties: A Long-Term Occasional Teacher shall assume the Supervision

duties of the teacher being replaced. f) Other Leaves:

(i) A Long-Term Occasional Teacher who is required to act as a juror or court witness will be granted the necessary leave of absence without loss of pay, experience, benefits or seniority, provided that the payment the employee receives from the court is returned to the Board.

(ii) Leave with pay and without loss of benefits, experience or seniority shall be granted to a Long-Term Occasional Teacher for a period of quarantine when declared by the Public Health Authorities or designate.

(iii) (a) Leave without loss of pay for up to five (5) school days for a bereavement in the immediate family which shall include: father, mother, sister, brother, son, daughter, spouse or equivalent, stepfather, stepmother, stepson, stepdaughter, ward, fiancé(e).

(b) Leave without loss of pay for up to three (3) school days for a bereavement in the immediate family which shall include: grandfather, grandmother, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, sister-in-law, brother-in-law, stepbrother, stepsister, guardian.

(c) Additional leave without loss of salary for up to two (2) school days may be granted for travel time, only if such is required for (a) and (b) under L26.07(f)(iii).

(d) Leave without loss of pay for up to one (1) school day for aunt, uncle, niece, nephew or close friend.

(e) An additional leave with or without loss of pay may be granted by the Director of Education or designate.

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(f) Bereavement leave shall not interrupt a long-term occasional teaching assignment.

(iv) Long-Term Occasional Teacher shall be entitled to a family health care leave with pay for up to two (2) school days per year.

(v) A Long-Term Occasional Teacher shall be entitled to a leave without loss of pay for up to one (1) school day to observe a Religious Holy Day which falls on a school day where the Long-Term Occasional Teacher is forbidden to work by the Long-Term Occasional Teacher’s religion.

Long-Term Occasional Teachers applying for such Religious Holy Day will give one (1) month’s notice to the Superintendent of Human Resources or designate, through the Principal, of the pending Religious Holy Day.

(vi) A Long-Term Occasional Teacher shall be eligible to access the Teachers’ Bargaining Unit Short-Term Education Leave fund, as determined by the Teachers’ Bargaining Unit and prescribed by the current STEL guidelines.

(vii) When a Long-Term Occasional Teacher is unable to reach the Member’s place of employment from the Member’s residence because of weather conditions severe enough to make it impossible for the Member to be present, there will be no pay deduction. The above provisions shall also apply if the Member is on Board approved business.

g) Pregnancy and Parental leave shall be granted to a Long-Term Occasional Teacher

as provided by the Ontario Employment Standards Act and the regulations established thereunder.

h) Notice of Termination: A Long-Term Occasional Teacher shall be provided with a

minimum of two (2) weeks notice prior to the termination of a Long-Term Occasional Assignment. Such termination may only occur if:

i the absent teacher returns to their position prior to the original known end date of their leave; or

ii the assignment is terminated due to lower than expected student enrolment in secondary schools; or

iii subject to the Long-Term Occasional Teacher’s termination for just cause. L26.08 A Long-Term Occasional Teacher shall be entitled to the provisions in Articles L19.04 and

L19.06 of this Collective Agreement. L26.09 An Occasional Teacher shall be eligible to apply to secondary school teaching positions

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ARTICLE LXXVII – OCCUPATIONAL HEALTH AND SAFETY ACT L27.01 The parties agree to adhere to the rights and responsibilities as outlined in the

“multi-workplace Joint Health and Safety Committee” order of February 28, 2000. When a dispute arises, the parties agree to follow the provisions in the Occupational

Health and Safety Act in order to resolve the matter. L27.02 Employer’s Obligations The parties agree that it is the Employer’s obligation to provide a safe and healthy

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LETTERS OF UNDERSTANDING

RE: MEDICAL DOCUMENTATION

1. No member of the Board Administration or Union shall offer medical advice to a Member unless qualified to do so.

2. The Board shall ensure that all individual medical records and information provided by a

qualified health care practitioner with the permission of the Member are stored in a secure location and in a completely confidential manner. Access to such individual records and information shall be confidential and strictly limited to the individual Member, the Human Resources Manager with responsibility for disability management and the Human Resources Officer- Attendance/Disability Management. A Member will be provided with copies of any and all information contained in their medical file within five (5) working days of a written request being delivered to the Human Resources Manager or the Human Resources Officer responsible for disability management. The cost of an Independent Medical Examination (IME) requested by the Board will be borne by the Board. A copy of the report will be provided to the Member or their qualified health care practitioner.

3. A Member who is absent for six (6) consecutive days will provide a note from a qualified

health care practitioner.

a) If the Member is medically fit to return to work, the note will indicate the Member is fit to return to work and be given to the Human Resources Officer with responsibility for disability management.

b) If the Member is unable to return to their previous duties (full-time or part-

time), or if accommodations to work are required, the note will be given to the Human Resources Officer with responsibility for disability management and will include:

i) Confirmation of an active treatment plan ii) Indication if a referral to another medical practitioner has been made

iii) Delineation of limitations iv) Indication of the date of reassessment.

c) In the event the information provided in 3 b is insufficient, following consultation

with the Union and an explanation to the Member of what is insufficient, the Board may request additional documentation to supplement the original note.

d) In the event that the Board has a concern about a pattern of absences, the Board

may request a meeting with the Member and the Union to discuss the concern.

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108

Following the meeting the Board may request supporting medical documentation.

4. When a return to work plan is required, the plan will be developed cooperatively

between the Board and the Union with input from the Member based on medical documentation.

5. Accommodations required by a Member while performing at their full or reduced F.T.E.

workload will be developed cooperatively between the Board and the Union with input from the Member based on medical documentation.

6. Should the Board request from a Member, an independent medical opinion, the choice

of health care practitioner shall be mutually agreeable to the Board, the Member and the Union.

Note: Subject to Central Terms C7.0 and Letter of Agreement #4

The Joint Benefit Review Committee will continue to exist as per the terms of collective agreement until the Employees’ Participation Date in the Trust.

RE: JOINT BENEFIT REVIEW COMMITTEE

The parties agree to establish, a Joint Benefit Review Committee composed of up to three representatives from the Board and up to three representatives from the Union. The Committee will periodically review the existing benefit plan design and possible restructuring of benefit coverage. Changes may only be made to the benefits and the benefit plan where the Board and the Union jointly agree to the changes. It is further understood that any changes recommended by the Committee will not result in any additional costs to the Board with respect to the total cost associated with the Board’s benefit plan.

RE: MULTI SUBJECT INSTRUCTIONAL PERIOD (MSIP)

A Letter of Understanding for each school wishing to implement a timetable that includes a Multi Subject Instructional Period will be agreed to prior to implementation. The agreement will be between the Waterloo Region District School Board and the Ontario Secondary School Teachers’ Federation. The parties will ensure that any proposed MSIP timetable conforms to the conditions set out in the Collective Agreement as modified by the Letter of Understanding. Return to TOC Return to Key Terms

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RE: ELIMINATION OF HOMEROOM Effective September 1, 2009, it is agreed by the parties that any homeroom duties will take place only as a part of one of a teacher’s six (6) timetabled classes – during Instructional Time. No regularly timetabled class shall exceed the length of any other regularly timetabled class.

RE: CONGREGATED SPECIAL EDUCATION CLASSES (attached to the Collective Agreement) The parties agree that all Congregated Special Education Classes shall be in compliance with Regulation 298 s.31. The parties agree to meet no later than March 31, 2009 to discuss Congregated Special Education class sizes with a view to reducing current class sizes. At the initial meeting, actual class size enrolment and relevant secondary and elementary data will be provided.

RE: PROVISION OF INFORMATION FOR OCCASIONAL TEACHERS The Board agrees to develop an Occasional Teacher handbook template not later than May 31, 2016. Schools will have a copy available for Occasional Teachers upon arrival at the school for an assignment not later than September 1, 2016. The Bargaining Unit acknowledges the responsibility of the Occasional Teacher to return the handbook at the end of their daily assignment. The Board agrees to review the process for access to keys in schools by Occasional Teachers when working on assignment in a school. This review will be completed by June 30, 2016. The Board agrees that the Bargaining Unit will be given the opportunity to provide written examples of their suggestions regarding access to keys in schools by Occasional Teachers. The Board further agrees to meet with the Bargaining Unit upon completion of this review and share their findings. This letter expires on August 30, 2017 Return to TOC Return to Key Terms

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RE: RETIREMENT GRATUITY AND DIRECTION

Employees who are retiring from the Board and are entitled to a Retirement Gratuity payout,

the following options for directing those monies are as follows:

1. Payment may be transferred directly to a Registered Retirement Savings Plan, based

on years of employment up to and including 1995 where the employee has made

contributions to OTPP, at a rate of $2000 per year.

Previous years of employment with another employer for which contributions have

been made to OTPP may count towards the amount transferable directly to an RRSP,

as permitted by Canada Revenue Agency and supported through documentation.

2. Employees who have unused RRSP room, as indicated on their current Notice of

Assessment (RRSP Deduction Limit Statement) covering the employee’s previous

taxation year, may transfer the unallocated balance of their retirement gratuity to an

RRSP, up to the maximum amount allowed through their Notice of Assessment, less

any unused RRSP contributions available as indicated on their RRSP Deduction Limit

Statement.

Should an employee assign money through the Tax Deduction Waiver for a Direct

Transfer of a Non-Eligible Retiring Allowance, the employee must agree to save

harmless and indemnify the Employer from and against all claims, charges, taxes,

penalties or demands which may be made by the Canada Revenue Agency requiring

the Employer to pay income tax, charges, taxes or penalties under the Income Tax Act

(Canada) in respect to the non-eligible retiring allowance transfer.

3. Any payments regarding the Retirement Gratuity of an employee will only be directly

transferred to the employee’s own personal RRSP.

The above provisions are based on current regulations (Canada Revenue Agency) and

agreements and may be subject to change by external entities.

Re: RETIREMENT GRATUITY PAYMENT

A Teacher who has provided the Board with a written irrevocable letter of retirement and

who is eligible to receive a Retirement Gratuity payout, may elect to have such payment

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111

made in its entirety at the time of retirement or may elect to have the total payment

deferred until January of the following calendar year.

This Letter of Understanding between the parties shall expire on August 30, 2017

RE: DEPARTMENT ORGANIZATION

The parties agree to establish a Joint Committee composed of up to four representatives from the Board and up to four representatives from the Bargaining Unit. The Committee will review the current Department Organization structure within secondary schools taking into consideration the following topics but not limited to; financial constraints and structural design. It is understood that the committee shall have its initial meeting no later than October 31, 2015. An interim report from the committee will be provided in writing to the Union and the Superintendent of Human Resource Services no later than February 15, 2016, for further input and direction by their respective decision-making bodies.

RE: TEACHER RECALL PLACEMENT PROCESS relating to Article L20.04(3)(2)(k).

Through discussions with the Bargaining Unit, when contract sections become available, teachers on recall assigned to LTO sections as LTO teachers may be deemed to be contract teachers, up to or equivalent to their FTE entitlement, where possible, based on seniority. It is further understood that these discussions shall include, but are not limited to i) whether alternative steps need to be taken based on circumstances such as qualifications in relation to the available contract sections, qualifications of the individuals on the recall list, and system needs, and ii) the determination of the effective date and benefit coverage. Return to TOC Return to Key Terms

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SIGNATURES

IN WITNESS WHEREOF each of the parties hereto has caused this Agreement to be signed by its duly authorized representatives this ?fJ" day of. Tu.~ ao If.

FOR THE WATERLOO REGION DISTRICT SCHOOL BOARD:

Chairperson of the Board

Director of Education and Secretary to the Board

Coordinating Superintendent of Human Resource Services

Senior Manager -Services

man Resource Service

FOR THE ONTARIO SECONDARY SCHOOL TEACHERS' FEDERATION - WATERLOO REGION DISTRICT 24

Chief Negotiator, Ontario Secondary School Teachers' Federation - Waterloo Region District 24

t,!.t.JAY.~ resident, ntario Secondary School

Teachers' Federation - Waterloo Region

Vice-President, tario Secondary School Teachers' Federation - Waterloo Region District 24

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El<TENSION AGREEMENT

BETWEEN:

Ontario Public School Boards Association (OPSBA) AND

ONTARIO SECONDARY SCHOOL TEACHERS' FEDERATION/FEDERATION DES ENSEIGNANTES­ENSEIGNANTS DES ECOLES SECONDAIRE$ DE L'ONTARIO

hereinafter: "OSSTF/FEESO"

AND AGREED TO BY:

THE CROWN

1. The parties and the Crown agree that, subject to errors and omissions, and subject to the ratification processes applicable for each party, this Agreement forms the basis of full and final settlement for an extension of collective agreement terms, inclusive of both central and local terms, with the effective date of September 1, 2017 to August 31, 2019. For further clarity, the ratification of this Agreement is conditional upon local collective agreement t1~rms remaining status quo for the period September 1, 2017 to August 31, 2019. The parties and the Crown agree to recommend the terms of this Agreement as set out herein to their respective principals.

Certain aspects of the terms described herein require legislative or regulatory amendment and as such are subject to the legislative process. Such changes have not yet been made. Therefore, the content of this Agreement should be considered to be subject to such changes, when and if made, and if such enabling changes are not made or alter the terms of this Agreement in any fashion, this Agreement shall be considered null and void in its entirety.

2. Ratification of this Agreement by both parties and agreement of the Crown shall be deemed to have occurred on the date of ratification by OSSTF/FEESO and by OPSBA, whichever is later, and by agreement of the Crown. The parties will endeavor to complete the ratification and agreement processes by March 31, 2017 but will complete ratification no later than April14, 2017.

3. The collective agreement shall continue to consist of two parts. Provisions of Part A and Part B shall continue until August 31, 2019 without amendment, except as noted herein:

• Letters of Understanding/Agreement contained in or pertaining to language from the 2014-17 collective agreements shall continue in force and effect for the term of this Agreement. However, where there is reference to an expiry date, the expiry date will be extended by two (2) years.

• Where local Letters of Agreement reference specific dates as opposed to an expiration date these shall be amended such that "2015-16 and/or the 2016-17"

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shall be replaced by "2017-18 and/or 2018-19".

4. The terms of this Agreement shall be effective on September 1, 2017 except as otherwise

provided herein.

5. COMPENSATION

School boards shall adjust their current salary grids, and position of responsibility allowances only in accordance with the following schedule:

• September 1, 2017 • 1.5%

• September 1, 2018 • 1%

• February 1, 2019 • 1%

• August 31, 2019 • 0.5%

In recognition of potential expenses for professional development, supplies or equipment or for other professional expenses, all teachers and occasional teachers covered by this Agreement will be paid a lurnp sum of 0.5% of wages earned in the 2016-2017 school year. OSSTF/FEESO agrees that it will conduct a survey of its members on the usage of these funds and provide the results to the Crown.

Method of payment for September 1, 20171ump sum:

0.5% of earned wages in the 2016-17 school year as a lump sum payment to all teachers and occasional teachers of this bargaining unit who are employed or on an approved leave, paid sick leave or statutory leave as at September 5, 2017.

Permanent employees and Long Term Occasion a Is on a statutory leave for any part of 2016-17 will not be adversely affected. The lump sum of 0.5% of annualized 2016-2017 salary/wages will be adjusted as if they earned their normal salary/wage for the period of the time on the statutory leave.

Employees on an approved deferred salary leave in the 2017-2018 year on September 5, 2017, (e.g. 4 over 5) shall nevertheless receive a lump sum of 0.5% of wages paid in 2016-2017.

The lump sum payment shall be provided by November 1, 2017.

For clarity, September 1, 2017 and September 1, 2018 are intended to reflect the first day of the school year. February 1, 2019 is intended to reflect the first day of the second semester.

6. BENEFITS

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(a) Effective September 1, 2017 inflationary increases shall be provided in each of the following years:

• September 1, 2017: 4%

• September 1, 2018 : 4%

These inflationary increases will result in a funding amount of $5,278 per FTE effective September 1, 2017 and $5,489 per FTE effective September 1, 2018.

There will be a reconciliation process based on the audited financial results for the year ending on December 31, 2018 equal to the lesser of the total cost of the plan per FTE and the funded amount per l'TE in place as of September 1, 2018. This reconciliation will adjust the go-forward amount per FTE as of September 1, 2019. Notwithstanding the above, the funded amount per FTE shall not be less than $5,343.

Total cost represents the actual costs related to the delivery of benefits. Total cost is defined as the total cost on the OSSTF ELHT's financial statements for OSSTF members, excluding any and all costs related to retirees. The parties agree that the audited financial statements should provide a breakdown of total cost consistent with this definition. FTE is defined in accordance with Article 4.2.1 (b) ofthe Benefits Letter of Agreement# 1 in the 2014-2017 agreement on central terms and as reported in Appendix H of EFIS for the following two periods: March 2018 per the 2017-18 financial statements and October 2018 per 2018-19 revised estimates.

(b) The parties agree to amend the Letter of Agreement #1 re. Benefits of the 2014-17 Agreement on Central Terms to read "It is intended that the Trust be effective September 1, 2016, and that school boards will participate in this Trust no later than November 1, 2017." All other provisions in the Letter of Agreement remain in effect.

(c) Daily Occasional Teachers

Board

Effective September 1, 2017 the payment in lieu of benefits provision 4.2.1 L) of Benefits Letter of Agreement# 1 of the 2014-2017 agreement on central terms for daily occasional teachers is replaced with the following:

"Eligible daily occasional teachers in the four boards listed below shall be entitled to the lesser of a) the following table amounts and b) the actual benefit plan cost multiplied by the percentage of the existing employer co-pay in the 2012-20141ocal collective agreements, to be used for the sole purpose of purchasing from among health, life and/or dental benefit plans:

Maximum Funding Amount Employer Percentage Co-Pay Durham DSB $2,454 50% Hastings & Prince Edward DSB $3,680 75% Toronto DSB $2,454 50%

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I York Region DSB I $491

These amounts shall be prorated for the portion of the year that the daily occasional teacher enrols in the plan. Eligibility criteria for these amounts are based on the existing eligibility criteria of the 2012-20141ocal collective agreements which is based on the number of days worked in the previous school year, and varies by board. Payments will be provided to the eligible daily occasional teacher on a monthly basis."

In addition, inflationary increases shall be provided in each of the following years:

September 1, 2017:4%

September 1, 2018: 4%

Notwithstanding the aforementioned, where any daily occasional teacher chooses not to participate in any health, life or dental benefit plan, the school boards shall not provide any amount for those employees.

7. VIOLENCE PREVENTION

The parties and the Crown agree that the promotion of a violence-free

teaching/working/learning environment benefits students, education workers and teachers.

The parties further recognize that OSSTF/FEESO has created a task force to consult with front­

line workers to receive input and advice on promoting a violence-free environment;

The parties are committed to providing a venue for the work of the Task Force to be reported,

including the creation of a process for follow-up to the recommendations:

The parties and the Crown hereto commit to the following:

(a) Upon the request of OSSTF/FEESO, school boards will grant Federation release time to

members as required for consultations subject to reimbursement and reasonable

operational needs. Such timE~ release shall not be counted toward any maximum

Federation time release allowed for in local collective agreements nor exceed a half day

release for up to twelve individuals at a board across all OSSTF/FEESO bargaining units.

(b) The OPSBA agrees to assist, upon OSSTF/FEESO's request, with the facilitation of

individual district school boards' assistance with the completion of the OSSTF/Violence

Prevention Task Force's work.

(c) Following ratification, OSSTF/FEESO, the OPSBA and the Crown agree to develop a joint

agenda item for the next Provincial Working Group on Health and Safety meeting to

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discuss with the full group a plan including the OSSTF/FEESO Violence Prevention Task

Force's work.

(d) The OSSTF/FEESO Violence Prevention Task Force report will be shared with the

central parties through the Central Labour Relations Committee.

8. PRIORITIES FUND SYSTEM INVESTMENT

(a) Special Education System Investment

The government will, either through regulation conditional upon the approval by the Lieutenant-Governor-in-Council or Transfer Payment Agreement based on the Transfer Payment Accountability Directive between the government and relevant school boards, make a system investment in 2017-2018 which will continue in the 2018-2019 school year, to be used by school boards to address staffing for special education teachers.

The projected amount for OSSTF/FEESO is $9,266,000 as noted in Appendix 1.

Local staffing committees shall meet prior to the 2017-2018 school year to discuss how best to allocate these additional teaching positions. Adjustments to teacher staffing resulting from this additional funding will be implemented using current local transfers, surplus and redundancy processes.

(b) Secondary Programming System Investment

The government will, either through regulation conditional upon the approval by the Lieutenant-Governor-in-Council or Transfer Payment Agreement based on the Transfer Payment Accountability Directive between the government and relevant school boards, make a system investment in 2017-2018 which will continue in the 2018-2019 school year, to be used to support a locally developed strategy to expand secondary programming.

The projected amount for OSSTF/FEESO is $12,994,113 as noted in Appendix 1. Adjustments to teacher staffing resulting from this additional funding will be implemented using current local transfers, surplus and redundancy processes.

(c) Adult Day School Teachers

In order to support the provincial Highly Skilled Workforce Initiative, and in recognition of the

role that adult day school teachers perform and to support the efforts of school boards to

retain adult day school teachers, the parties agree to establish a joint central committee to

assess the implications of additional funding for achieving wage parity with regular day school

teachers.

The central committee will:

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• Gather relevant data such as the types of delivery models;

• Use the data to assess the implications of additional funding for achieving wage parity

with regular day school teachers; and

• Establish how the funding can be applied.

The government will, either through regulation conditional upon the approval by the

Lieutenant-Governor-in-Council or Transfer Payment Agreement based on the Transfer

Payment Accountability Directive between the government and relevant school boards provide

school boards with funding as set out in Appendix 2 on a go-forward basis. The amounts in

Appendix 2 provide funding equivalent to the following increases to relevant benchmarks:

• a 3% increase to the benchmarks used to fund continuing education, effective on August 31,2017

• a further 5% increase to the benchmarks used to fund continuing education, effective September 1, 2017

• a further 5% increase to the benchmarks used to fund continuing education, effective September 1, 2018.

As noted in Appendix 2, the projected amount for 2017-2018 is $8,528,874. The projected

amount for 2018-2019 is $14,231,511.

The additional funding will be used to increase adult day school teacher wages up to but not to

exceed parity with regular day school teachers. Such increases will be established by the fall of

2017 and effective September 1, 2017 and September 1, 2018 as applicable.

Part B will be amended to incorporate these new wage rates.

9. EXISTING TERMS AND CONDITIONS

Unless amended by this Memorandum of Settlement or unless expressly provided otherwise, the central and local terms and conditions of each collective agreement between OSSTF and each District School Board shall continue in effect until August 31, 2019, subject to any applicable statutory freeze period. For purposes of clarity, any provision in any collective agreement between OSSTF/FEESO and a District School Board which provides for the expiry of a central or local term on August 31, 2017, shall be deemed to provide for the expiry of such term on August 31, 2019 subject to any applicable statutory freeze period.

Signed at Toronto, this 23rd day of February, 2017.

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OPSBA

CROWN

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LEITER OF AGREEMENT

BETWEEN

The Ontario Public School Board Association

(hereinafter "OPSBA")

and

Ontario Secondary School Teachers' Federation I Federation des enseignantes-

enseignants des <koles secondaires de !'Ontario

(hereinafter called 'OSSTF/I'EESO')

and

The Crown

RE: MID-TERM AMENDMENTS

Notwithstanding anything else in this Extension Agreement, OSSTF/FEESO bargaining units and school boards retain all rights under the Ontario Labour Relations Act to revise local provisions of the collective agreement through mutual consent.

The central parties agree that under the School Boards Collective Bargaining Act, 2014 the central parties can revise central provisions of the collective agreement through mutual consent.

The central parties may discuss matters referred to them by their respective constituent boards or local unions.

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CONFIDEI~liAL TO lABOUR RELATIONS

"" 1: 2017w18- Investments In System Prlorltl1~s• for Teachers (OSSTF)

' '

I'"'" I"'"•• -''"''' """"" "~"~" .. ;:.~;;;

osano TOTM ''"'" '"'"'''" ' : OSB Onmlo North East 10S,SOS "·"' ~:::~ 10

' .~lgoma DSB UG,Sl6 "·"' '·' ' ' RalnbowDSB 135,173 '"·'" 27S,87C "' • • /lear tlorth DSB 10$.$74 ·~· .. ~~ 212,4n , s '·' K~orwatln•Piltlda O~B 92,219

::-~:: 1•19,04& "' G S.2 ~: o ru,, "'" "·'" ""' o.o

' G.! uko:>Ood"S

:~::~~ ~:~~ ~~:~:~ ~:: 6.2 Superlor·Grt~nston.~ OSS

' ' FlluewJter DSB 12a,sa1 150,782 279,362 '·' 10 ' Avon Mailland DSB 142,220 167,604 309,82t ... " ' Gr~atcr Enu Countv DSB 268,281 37~,011 647,292 2.6

12 " C.mb<oo ""' oss "'·"' """' "'·"' 1

" " ' 522,761 -:~~·~~: ~2~~·2:~ 5.2

"' 12 Toronl.:oDSB 1,511,227 2,T ... 2, 3,617,518 14.7

" " Culham DSB 471,970 ::::::: 1,166,41& '·' " "' ~w .. tha Pine fllligE· DSB 240,71l6 557,741 2.T

" 1S Trillium Lihland~ OSB ;::::: .. ::::: 317,84~ '·' " " '"""''" oso

l'T2.01S '·' ~~ !~

364,511

:::~ :~~~!~ "' UpptrGr.md ose 245,076 '·' " " Peel osa 817,3~6 1,354,038 2,171,39L s.o

" " llalteo DSB 372,397 595,646 966,043 '·' " " Hamiltoo·Wentw.:orth DS!l 340,119 466,957 807,076 '·' " " ~ "'·"' GS2.T<TS '·' ~: ~ ~;:~~~~:~~:-~nOS~ ~~~:~~~ l.~~::~:~

2.2

"' " " ottawa·Carl~ton os:J 479,339 715,041 1,194,380 '·' " " Upp~rcanadu OS!l 229,SU 279,025 508,53!1 2.2

" " Umestoo~ OSa 163,2(12 202,54!1 370,750 '·' " " '"·"' ""·"" "'·'" "' " 29 ~.~~t~ngund 1 I "'·~" 149,027

"'·~" '·' " 30.1 Nonheastern Clthollc: CISS

" 30.2 Nlplulng·PnrySourd catholic CISS

"' " Huron·Supertor CltMII~ CISB

" " SudburycathollcOSB

" "·' II:

" 33.2 Kenora calhoHcOSB

" 34.1 Thunder BayCath.:ollc OSB

" 34.2 Superior N.:onh Cnlhollc DSB

" " Brucn-GreyCtthcllc OSB

" " HU!Cn•Perth Catholic OSB

" " ,,

:: ~: ' St. ClalrCIIhcllc OS II

" ,, Tor.:onl.:o catholic 053

" " P~terborcugh v N c cuhctlc DSB

" '" "fork Cath.:ollc OSB

" '" ""'""''"' ""'"' "' " '" ' " so '" Durham Cllhi>Uc OS3

" ,, Hellen CllhollcDSB

" ,, Hamllt<ln·Wentw~nh r:~thollc DSB

" '" Vlellln{!on CalhollcDSB 54 ,, I 1 lc DSB

" so Niagara catholic DSU SG " Brant Hak!lmand NorfolkCI!llollc DSB

" " Cath.:oHc OSBo! Eastlrn Ontario

" " ottawa ClthoHc OS~.

: ~ :~;rrew eour.tyCitt,ollc osa '

:~ ~~ ' CSOdu (iraod tlord d~ I'Onlarlo

" " cs VIJrr,onde

" " C~Pdei'Est de I'Ont~~lo

" 60.1 CSD cathollque des Grnndes 111'11/!fes

" 60.2

" " .. " CSD cathollqu~ des ,\Uroru b11rea1es

" " CS catholique Provk:en~e TO " cso cathollque Cuntre·Sud

~~ : CSOcatholk;uede l'i0s1 ontarlen

' l'OTAL 91.1

~~~~~= :~~:~~~~:~:~o~ ~s:~~~~:~,~:e:nd ~ by the "· I ' FTE estim~tesare OOsed on ~elect•!d GSN salary and benefit benchm~rks as follllws: • Estimated funded staff FTE cal<ulated using an aver~g~ funded teacher s~lary Including benefih, and preparation time In each bo;rd. • The$e Include anUclpated adju~.tments to benchmarks In 2017·18to reflect the Impact of salary increases In 2016·17. • Benchmarks assum<: a 1.S%sabry Increase In the 2017·18 school year. ·Investments In System Prlorltfesls tlmc·!lm!ted and will only be provided for the term oft he extension (2017·18and 2018·19). ·The number or FTE will var1 bv b)ard based on actual c.:osts Including but not ilnllted to salary, benefits, vacation and a !Iowa nces.

COrlflllENTtAL TO LA SOUR RELATIONS

' ··~~" '"~::'~::

TO"' A!

:: ,_, :i.2

:: •. 6

4.1

:: LS

''·' ~:~ ~:~ !.S <.7

:: '·' ::: 2.T

,;: 0:.2 3i.6

:: 1l.7 ! .. 4

.:: ;.1

"'·' s.o M

'·' !·.9 13.2 21.2

G.! M ... '·' '· '·' ,;.: '·' '·' 1:.2

'·' "' '·' ;,G

'·' '·' '·' ...

127.8 219.0

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CONFIDENTIAL TO LABOUR RELATIONS

Appendix 2: 2017-18- Investments in Syst e1m Priorities* for Adult Day

School Teachers (OSSTF) -

Index DSBNo DSBName -- ----· 1 1 DSB Ontario North East

2 2 Algoma DSB

3 3 Rainbow DSB

4 4 Near North DSB

5 S.1 Keewatin-Patricia DSB

6 5.2 Rainy River DSB

7 6.1 Lakehead DSB

8 6.2 Superior-Greenstone DSB

9 7 Bluewater DSB

10 8 Avon Maitland DSB

11 9 Greater Essex County DSB

12 10 l.ambton Kent D5B

13 11 Thames Valley DSB

14 12 Toronto DSB

15 13 Durham DSB

16 14 l<awartha Pine Ridge DSE:

17 1S Trillium Lakelands DSB

18 16 York Region DSB

19 17 Simcoe County DSB

20 18 Upper Grand DSB

21 19 Peel DSB

22 20 Halton DSB

23 21 Hamilton-Wentworth DSB

24 22 DSB of Niagara -25 23 Grand Erie DSB

26 24 Waterloo Region DSB

27 25 Ottawa-Carleton DSB

28 26 Upper Canada DSB

29 27 Limestone DSB

30 28 Renfrew County DSB

31 29 Hastings and Prince Edward DSB

TOTAL -

-----

$ $ $ $ $ $ $

$ $

$ $

2017-18

29,469

74,666

65,817

59,084

3,202

77,532

177

28,670

52,630

88,580

$ $ $ $ $ $ $ $

$ $ $

87,463 $ 538,522 $

$ ___ ..::;.:..:..:.;;c:_..:;--

$ $

$ $ $

2,524,528

324,201

171,600

115,544

619,389

282,083 $ , __ -----'-".:..:.' $ $ $

$ $

161,399

729,247

318,360

274,177

261,002

183,008

$ ___ ~

$ $ $ $ $

$

177,943

642,966

289,214

236,691

59,216

52,494

8,528,874

$

$ $ $ $

$ $ $ $ $ $ $

$ $ $ $

$_ $

$

2018-19

47,581

123,502

106,052

96,583

5,207

126,534

282

49,077

87,891

145,988

147,545

906,514

4,186,164

547,082

287,685

187,462

1,043,508

473,307

269,052

1,223,837

560,776

456,356

433,630

299,367

301,585

1,076,255

469,903

388,970

97,037

86,782

14,231,511 *Subject to ratifi·cation by all parties and subject to approval by the Lieutenant Governor in Council.

-Figures shown reflect best estimates available at this time.

- Investments in System Priorities is tim<!-limited and will only be provided for the term of the extension

(2017-18 and 2018-19).

-For boards that already provide wages equivalent to grid teachers for hiring adult day school teachers,

boards will exercise their discretion ove:r the use of this funding.

CONFIDENTIAL TO LABOUR RELATIONS