LOCAL TERMS
ARTICLE 1 – PURPOSE, SCOPE AND DEFINITIONS
ARTICLE 2 – RECOGNITION
ARTICLE 3 – DURATION AND RENEWAL
ARTICLE 4 – MANAGEMENT RIGHTS AND RESPONSIBLITIES
ARTICLE 5 – UNION DUES AND ASSESSMENTS
ARTICLE 6 – LIABILITY INSURANCE
ARTICLE 7 – NO DISCRIMINATION
ARTICLE 8 – PERSONNEL/MEDICAL FILES
ARTICLE 9 – PROBATIONARY PERIOD
ARTICLE 10 – SALARY AND ALLOWANCES
ARTICLE 11 – TRAVEL EXPENSE
ARTICLE 12 – WORKING CONDITIONS
ARTICLE 13 – STAFFING
ARTICLE 14 – MEDICAL PROCEDURES
ARTICLE 15 – OCCUPATIONAL HEALTH AND SAFETY
ARTICLE 16 – HARASSMENT FREE WORKPLACE
ARTICLE 17 – RETIREMENT/RESIGNATIONS
ARTICLE 18 – BENEFIT PLANS
ARTICLE 19 – SICK LEAVE
ARTICLE 20 – LEAVES OF ABSENCE WITHOUT PAY
ARTICLE 21 – SHORT TERM PAID LEAVES OF ABSENCE
ARTICLE 22 – PREGNANCY/PARENTAL/ADOPTION LEAVE
ARTICLE 23 – INCLEMENT WEATHER
ARTICLE 24 – SECONDMENT
ARTICLE 25 – DEFERRED SALARY LEAVE PLAN
ARTICLE 26 – UNION LOCAL RELEASE TIME
ARTICLE 27 – SEVERANCE PAYMENT PLAN
ARTICLE 28 – SENIORITY
ARTICLE 29 – SURPLUS PROCEDURES, POSTING AND TRANSFER OF STAFF
ARTICLE 30 – REDUNDANCY AND RECALL
ARTICLE 31 – PART TIME ASSIGNMENTS
ARTICLE 32 – PROFESSIONAL DEVELOPMENT PLAN
ARTICLE 33 – GRIEVANCE AND ARBITRATION PROCEDURE
ARTICLE 34 – TEACHER-IN-CHARGE
ARTICLE 35 – ACTING PRINCIPAL/VICE-PRINCIPAL
APPENDIX A
APPENDIX B
APPENDIX C
APPENDIX D
APPENDIX E
APPENDIX F
APPENDIX G
APPENDIX H
ARTICLE 1 – PURPOSE, SCOPE AND DEFINITIONS
1.01 It is the purpose and intent of the parties to this Collective Agreement, hereinafter
referred to as this “Collective Agreement”, to set forth the terms and conditions of
employment with the Board including salary, allowances and other related
provisions which govern the teachers covered by the Collective Agreement and
to provide for a fair and expeditious procedure for the resolution of differences
which may arise between the Parties.
1.02 Each of the parties to this Collective Agreement will make every reasonable effort
to avert a breach of this Collective Agreement by any person governed by this
Collective Agreement and in all respects will counsel members and
representatives to abide by all terms or decisions made pursuant to or contained
within this Collective Agreement and will not support in any way actions that
would not be in accord with the provisions of this Collective Agreement.
Notwithstanding the above, either party shall be free to challenge any arbitration
decision.
1.03 “Teacher” or “teachers” means all Elementary School teachers, consultants and
coordinators employed by the Avon Maitland District School Board who are
assigned for all or most of the time to perform duties in or for the elementary
panel and who are members of the Union.
1.04 “Union” means The Elementary Teachers’ Federation of Ontario. “Union Local”
means the Elementary Teachers’ Federation of Ontario – Avon Maitland
Teachers’ Local employed by the Board.
1.05 “Board” means The Avon Maitland District School Board.
1.06 “Administration” means the Director of Education for the Board, and the
Supervisory Officials, or those acting as designates of the aforementioned
officers.
1.07 “Director” means the Director of Education for the Board.
ARTICLE 2 – RECOGNITION
2.01 The Board recognizes the Union as the sole and exclusive bargaining agent for
all teachers employed by the Board in its elementary panel, save and except
occasional teachers.
2.02 The Elementary Teachers’ Federation of Ontario is recognized as a party to all
proceedings, negotiations and collective agreements between the parties.
2.03 The Board recognizes the right of the Union to authorize members or any other
advisor, agent, counsel, solicitor or duly authorized representatives to assist,
advise, or represent it in all matters pertaining to the negotiation and
administration of this Collective Agreement.
2.04 The Union recognizes the right of the Board to utilize the services of the Ontario
Public School Boards’ Association or any other advisor, agent, counsel, solicitor
or duly authorized representative to assist, advise, or represent it in all matters
pertaining to the negotiation and administration of this Collective Agreement.
2.05 The Union Local will inform the Board from time to time of who is authorized to
act on behalf of the Union Local.
2.06 All correspondence between the Parties arising out of this Collective Agreement
shall pass to and from the Director of Education or designate and the President
of the Union Local or designate.
2.07 The Union shall have access to its members for Union business provided that
this does not interrupt the instructional program or school and student activities.
ARTICLE 3 – DURATION AND RENEWAL
Refer to Section C3.2 and C3.6 of Part A: Central Terms.
3.01 No amendments can be made to the local section of this Collective Agreement
without the mutual written consent of the parties.
3.02 There shall be no strike or lock-out during the term of this Collective Agreement,
or any renewal of this Collective Agreement. The terms ‘strike’ and ‘lock-out’
shall be as defined in the Ontario Labour Relations Act.
ARTICLE 4 – MANAGEMENT RIGHTS AND RESPONSIBLITIES
4.01 Subject to the right of either party to lodge a grievance as set out in this
Collective Agreement and subject to the other terms, provisions and conditions
contained in this Collective Agreement, the parties recognize the sole and
exclusive right and obligation of the Board to exercise its management rights and
functions including the right to manage the affairs of the Board in all respects and
to carry out such other responsibilities of the Board which are not specifically
abridged, amended or limited by the terms of the Collective Agreement and
which are in compliance with the prevailing statutes and regulations.
4.02 The Board agrees that none of its rights or functions will be exercised contrary to
the provisions of this Collective Agreement.
4.03 Just Cause
No teacher shall be disciplined, demoted or discharged without just cause. Such
cause shall be communicated in writing within ten (10) school days from the time
the teacher is informed of such action being taken.
Wherever possible, prior to any teacher being disciplined, demoted or
discharged, a meeting shall be held between the teacher and a Board
representative to discuss the matter. A teacher shall have the right to have the
Union Local president or designate present at any meeting when the conduct or
competence of the teacher is being questioned.
4.04 Evaluations
a. The Board shall advise the Union Local of the procedures for evaluation.
The Board agrees to follow the evaluation procedures developed. The
Board agrees to consult with the Union Local on changes to the
procedures, as may occur from time to time.
b. At the request of the teacher, a meeting shall be held to review and
discuss the evaluation, prior to the final evaluation report.
c. At the request of the teacher, a teacher shall be given forty-eight (48)
hours to review, sign, and attach written comments to the report.
d. A teacher shall receive a minimum of forty-eight (48) hours notice of any
performance appraisal observation by a qualified Principal or a qualified
Vice-Principal as per article 35.05.
e. Peer Coaching and Mentoring
Except as otherwise required in the Education Act or in regulation, no
teacher shall be required to act as a peer coach or mentor to another
teacher. No information obtained from a coach or mentor, as part of their
coaching or mentoring, shall be used in the assessment or evaluation of
any teacher.
f. Except as otherwise required in the Education Act or in regulation, no
teacher shall be required to act as a member of a district review team as
part of the School Effectiveness Framework. No information obtained by
the district review team, as part of their review, shall be used in the
assessment or evaluation of any teacher.
g. The Board shall provide the Union Local with a list of all the elementary
school teachers scheduled for a performance evaluation by October 15.
The list shall include name of member and school/worksite as of
September 30.
ARTICLE 5 – UNION DUES AND ASSESSMENTS
5.01 The Board shall deduct from each teacher union dues and assessments. The
amounts of such dues and assessments shall be determined by the Union and
shall be forwarded to the General Secretary at the Elementary Teachers’
Federation of Ontario, 136 Isabella Street, Toronto, Ontario M4Y 0B5, within
thirty (30) days of the dues being deducted. The Union shall notify the Board in
writing of any changes required for dues and assessments and such changes will
be implemented within thirty (30) days of the receipt of such communication.
5.02 The Board shall deduct a local levy for Union Local purposes from all teachers in
accordance with the authority of the Union Local by-laws. The levy will be
forwarded to the Union Local treasurer within forty-five (45) days of the levy
being deducted. The Board shall be notified of the amount prior to June 15 for
deductions to commence the following school year.
5.03 Such remittance(s), in Articles 5.01 and 5.02 above, shall be accompanied by a
dues submission list identifying the name, address, board email, Ministry
Identification Number (MIDENT), FTE status, salary, dues deducted, member
status (active/terminated/retired), member leave status
(deferred/paid/parental/unpaid/WSIB), and OCT number for each member. In
addition to providing a written copy of this information, the Board shall, where
available, provide the information in electronic form.
5.04 The Union 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
the Union or Union Local.
5.05 Humanity Fund
Effective September 1, 2005, the Board shall deduct a local levy for Humanity
Fund purposes from all teachers in accordance with the authority of the Union
Local by-laws. The levy will be forwarded to the Union Local treasurer within
forty-five (45) days of the levy being deducted. The Board shall be notified of the
amount prior to June 15 for the deductions to commence the following school
year.
ARTICLE 6 – LIABILITY INSURANCE
6.01 The Board shall continue to maintain sufficient liability insurance for teachers
arising from the performance of:
1) their assigned duties as described in the Education Act and its Regulations;
2) involvement in voluntary activities;
3) any activities related to any Board Policy.
ARTICLE 7 – NO DISCRIMINATION
7.01 No teacher shall be discriminated against on the basis of race, ancestry, place of
origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender
identity, gender expression, age, record of offences, marital status, family status,
disability, religion, union membership or activity, or political affiliation or activity.
Where such items appear in the Ontario Human Rights Code, their definitions
shall be as defined in the Code.
ARTICLE 8 – PERSONNEL/MEDICAL FILES
8.01 The only recognized personnel file of a teacher shall be maintained in the Human
Resource Services Department of the Board.
8.02 Following the written request from a teacher for an appointment, the Board will
make available for inspection, during normal business hours, all information in its
file pertaining to the teacher at the time of the request.
8.03 The teacher may, at the teacher’s expense, make a copy of such information and
may be accompanied by one other person who shall have access to such
information at the request of the teacher.
8.04 Where a teacher authorizes, in writing, access to their personnel file by another
person acting on the teacher’s behalf, the Board shall provide such access, as
well as copies of materials contained therein, if also authorized and requested.
Cost of the copies shall be billed to the teacher.
8.05 a) A teacher will be sent any documentation related to their performance as a
teacher, which has not already been directed to the teacher, within ten (10)
school days of the documentation being placed in the personnel file.
b) A teacher may dispute, in writing, the accuracy or completeness of information
in the teacher’s personnel file. Where this occurs, the Board shall respond to the
teacher to confirm or amend the information and shall notify the teacher in writing
of its decision, including reasons for that decision, where the teacher requests
such a written response. The written dispute from the teacher must contain the
specific alleged inaccuracy or incomplete information and the desired change(s).
c) All correspondence resulting from 8.05 (b) will be maintained in the teacher’s
personnel file unless otherwise agreed to between the teacher and the Board.
8.06 The signature of a teacher on any document respecting the performance or
conduct of the teacher shall be deemed to be evidence only of the receipt thereof
and shall not necessarily be construed as approval of, consent to, or agreement
with the contents thereof unless so indicated by the teacher.
8.07 a) Every effort will be made to negotiate a date for the removal of any document
of a disciplinary nature from the teacher’s file prior to the placement of the
document in the teacher’s file. When a removal date cannot be agreed upon
and subject to Article 8.07 b), where twenty-four (24) months have elapsed since
the placement of a disciplinary document in the teacher’s file, the teacher may
request the disciplinary document be reviewed. Such documentation shall be
removed from the teacher’s file provided that no additional related disciplinary
documentation has been added to the teacher’s file during the intervening period.
b) Disciplinary documentation referring to matters resulting in a suspension, or
related to harassment or violence shall remain on file for thirty-six (36) months.
c) Notwithstanding the preceding paragraph, where the Board considers it
necessary to retain such documents for the legal protection of the Board and/or
the teacher, such documents may remain in the teacher’s file at the discretion of
the Board.
d) Where two (2) years have elapsed since the placement of a non-disciplinary
letter of expectation in a teacher’s file, the teacher may request the letter be
reviewed. The letter shall be removed from the file provided that no additional
related documentation has been added to the teacher’s file during the intervening
period.
8.08 Upon the written request of a teacher, the Board shall keep the teacher’s medical
information in a separate file, accessible as required by law.
ARTICLE 9 – PROBATIONARY PERIOD
9.01 Newly hired teachers shall serve a probationary period of one (1) year.
9.02 With the Union Local’s agreement, the length of the probationary period may be
extended in cases of prolonged absence.
ARTICLE 10 – SALARY AND ALLOWANCES
10.01 No teacher currently employed by the Board shall have their salary at the time of
ratification decreased by the implementation of this Article.
10.02 Method of Payment
a) The method of payment, by direct deposit, shall be:
1/24th of the annual salary on the banking days on or immediately preceding the
15th day of the month and the last day of the month from September 15th to
August 31st, inclusive.
For the 2024-2025 school year, the method of payment will be by direct deposit,
1/25th of the annual salary, to include one additional pay on the first banking day
in September 2024.
b) A teacher will be paid the grid salary in the proportion that the total number of
school days for which the teacher performed duties bears to the total number
of school days in the school year, unless otherwise expressly agreed to
between the Board and the Union Local.
c) Provided all documents required and requested under Article 10 have been
submitted, all teachers shall be advised of their own salary for the following
year, subject to adjustments, on an annual basis on or before September 15.
d) Teachers who have been advised of their salary in (c) shall verify their salary
and inform the Human Resource Services Department in writing no later than
October 7 of any errors.
e) In the case where an overpayment (of more than one day’s pay) has been
made to a Teacher and an overpayment adjustment will be required, the
Board shall cease the overpayment. The Board’s payroll department will
provide a written reconciliation to the Teacher with respect to the
overpayment and a repayment plan. The Board will consult with the Teacher
as to the repayment schedule, which may be made over several pay periods
normally not extending beyond the school year.
The first deduction shall take place no earlier than the next pay period after
the Teacher has been notified.
10.03 a) The basic yearly salary for each teacher shall be the salary shown on the
following grids according to the appropriate category classification and years of
allowable teaching experience as defined in this Article. (Refer to page 42 Collective Agreement)
b) Should the school year commence before September 1 in any given year, all
increases in grid cells, wages and allowances effective as of September 1, shall
be applied to payments made to members of the Union Local in respect of days
worked in that school year prior to September 1. For greater clarity, a working
day for purposes of this article shall include both an instructional day and a
Professional Activity day.
10.04 Allowances
a) Extra Degree Allowance
An annual allowance will be paid as salary to teachers who hold a post
graduate degree at the Master’s or Ph.D. level if the courses comprising
the said degree have not been used for category placement in Article 10.
Those teachers who are in receipt of an extra degree allowance for an
additional Bachelor’s degree at the time of ratification will have that
allowance grandparented.
b) Consultant/Coordinator Allowance
In addition to the basic salary denoted in Article 10.03, an annual
allowance shall be paid to those teachers who have been appointed to a
position of Coordinator/Consultant.
Effective September 1, 2022, the Extra Degree allowance is: $1,460 and
the Consultant/Coordinator allowance is: $10,055
10.05 Documentation
a) The onus shall be on the teacher to provide acceptable verification of all
experience and QECO evaluation classification. Until such time as the
documentation is provided to the Director or designate, a teacher shall be
paid as if they are in Category A1 and/or Year 0 respectively.
b) Where a teacher submits verification of allowable teaching experience
certified by the teacher’s previous employer(s) by May 31 of the school
year, the teacher’s entitlement to retroactivity shall be protected. In any
case, where a teacher, through no personal fault cannot provide the
verification by May 31 and informs the Director or designate of this
difficulty by May 31, the retroactivity of that teacher’s salary shall be
protected up to twelve (12) months following the commencement date of
employment.
c) Any teacher qualifying for a change in category shall receive the
corresponding salary increase retroactive to the start of the school year.
The teacher will be eligible for a retroactive salary adjustment with
notification of a pending category change if the notification is provided to
the Board by May 31 of that school year. The teacher will submit to the
Director or designate the Evaluation Statement by QECO as soon as
possible.
d) In any case, where a teacher, through no personal fault, cannot provide
the Director or designate with acceptable proof of a category change
before the above-mentioned date, the retroactive adjustment shall be
protected if the teacher provides documentation to the Director or
designate of the teacher’s new qualifications and of the attempts to
establish the new Grid Category. Such salary adjustment shall be
withheld until acceptable proof is furnished to the Director or designate by
the teacher; and in no case shall this adjustment be protected beyond
August 31.
10.06 Experience Recognition
a) Regular Contract Experience
Where a teacher has taught, as a regular contract teacher, the full-time
equivalent of five (5) months or more within one school year, the amount of
increment applied the following September shall be one (1) year.
Where a teacher has taught, as a regular contract teacher, the full-time
equivalent of fewer than five (5) months within one school year, that year that
time will be accumulated from year to year on a full-time equivalent basis.
When the accumulated teaching time equals the full-time equivalent of five (5)
months, the amount of increment applied the following September shall be
one (1) year. Subsequent increments shall be applied in the September
following the accumulation of teaching time that equals the full-time
equivalent of five (5) months.
b) Occasional Teaching Experience
Where a teacher has the full-time equivalent of ninety-seven (97) days or
more of occasional teaching experience within one (1) school year with the
Avon Maitland District School Board, the teacher will be recognized as having
one (1) year of experience for salary grid purposes.
Where a teacher has the full time equivalent of fewer than ninety-seven (97)
days of occasional teaching experience within one (1) school year, that
occasional teaching experience will be accumulated from year to year on a
full-time equivalent basis. When the accumulated occasional teaching time
equals the full-time equivalent of ninety-seven (97) days with the Avon
Maitland District School Board, the teacher will be recognized as having one
(1) year of experience for salary grid purposes.
c) Teaching experience as an elementary or secondary school teacher in a
publicly funded school system within Canada will be recognized such that one
full year of teaching experience will be equal to one year of experience for
salary grid purposes
d) The effective date for grid advancement will be September 1. In no case shall
a teacher receive more than one full year’s credit for a combination of
teaching experience within one school year.
10.07 Each teacher’s category classification on the salary grid shall be determined by
the application of the Qualifications Evaluations Council of Ontario (Q.E.C.O.)
Program 5.
ARTICLE 11 – TRAVEL EXPENSE
11.01 A teacher who is assigned by the Board to teach at more than one school within
one school day shall be paid kilometrage at the Board rate for actual travel from
the first assigned school to the second assigned school, as identified by the
Board’s kilometrage chart. This article does not apply where the teacher has
requested the assignment at more than one school within one school day.
11.02 Teachers who are required to use their own vehicle for travel in the performance
of their assigned duties shall be paid kilometrage at the current board rate.
ARTICLE 12 – WORKING CONDITIONS
12.01 School Year
a) The maximum length of the school year shall not exceed the maximum
provided for in the Education Act and regulations.
b) Teachers will not be scheduled to work before the commencement of the
scheduled school year calendar. However, it continues to be the expectation
that all teachers will be fully prepared to commence their assignments at the
start of the scheduled school year for students.
12.02 School Day/Instructional Time
The School Day shall be 300 instructional minutes commencing with the start of
opening exercises or the start of instruction, whichever comes first, and ending
with the students’ dismissal from school for the day exclusive of lunch/nutrition
and recess break(s).
12.03 Lunch Breaks
Each teacher shall be provided with a lunch break in accordance with the
regulations under the Education Act.
12.04 Travel Time
Where a teacher is assigned duties at two or more locations on the same day
and has not requested such assignment, the teacher shall be provided with
adequate time to travel between the locations.
When travelling time occurs, it shall be exclusive of preparation time, and when it
occurs during the lunch period, it shall be an extension of the lunch break.
12.05 Staff Meetings
a) Teachers are expected to attend regularly scheduled staff meetings. Other
meetings, including but not limited to, early dismissal (until the end of the
normal instructional day for students), IPRC meetings, divisional or team
meetings, early and on-going ID meetings, and school P.A. days are not
considered to be staff meetings.
b) Regular staff meetings shall be scheduled by the Principal in consultation with
the teaching staff and upon consensus whenever possible. The dates of the
regular staff meetings shall be set within the first month of the school year
and communicated to all teachers.
c) Fifteen minutes after the normal dismissal time and provided that the buses
and students have safely departed and the teachers are present, the Principal
will call the Staff Meeting to order.
d) The length of the staff meeting shall be up to one hour.
e) There shall be a maximum of ten (10) staff meetings per school year.
Regularly scheduled staff meetings shall be held no more than once per
month on average.
f) In addition to the formal Staff Meetings, some or all teachers may request a
meeting with the Principal to discuss issues of interest to some or all of the
teachers. Attendance for teachers at this informal meeting is optional.
g) Regularly scheduled staff meetings may include administrative/organizational
issues, professional development, training and other matters aligned with
school and board goals.
h) Teachers may submit agenda items to the Principal for consideration.
12.06 Preparation Time
1. Preparation time shall be allocated to teachers to be used for professional
activities as determined by the teacher and shall be assigned only during the
instructional day as defined in Article 12.02, exclusive of recesses and
lunch/nutritional breaks.
2. The Board shall ensure the following:
a) Effective August 31, 2012 each full time teacher shall be provided with
240 minutes within each cycle of 5 instructional days free from
teaching, supervision or other assigned duties. Preparation time will
be provided in blocks of 30 minutes as a minimum.
b) Professional Activity days shall not be considered instructional days for
the purpose of scheduling preparation time.
c) Notwithstanding other provisions in this collective agreement, the
Board may assign the additional teaching staff generated by the
increase in elementary teacher preparation time above the 2008-09
level, to enable full-time school-based teaching assignments in the arts
in more than one elementary school. This shall be done in
consultation with a Joint Board-Union Committee.
d) Notwithstanding other provisions in this collective agreement, the
additional weekly minutes of preparation time above the 2008-09 level,
generated within 20 consecutive instructional days, may be aggregated
to provide for meaningful blocks of preparation time for teachers. The
Board may not use the aggregated additional minutes of preparation to
hire occasional teachers to provide teacher coverage, as opposed to
regular specialist teachers.
e) Missed preparation time shall only be rescheduled where a teacher is
required by the principal to provide instruction during their scheduled
preparation time for a teacher absent from work. Such rescheduling of
missed preparation time shall occur as soon as administratively
feasible, but no later than three months after the loss of the preparation
time and in any event within the same school year. Where possible, a
principal shall endeavour to provide one (1) instructional day’s notice
prior to the date of the rescheduled preparation time.
3. Teachers who are less than full time shall have their preparation time pro
rated.
12.07 Professional Activity Time
Effective September 1, 2003 each teacher will be assigned professional activity
time in the following manner: up to 0.49 assignment is entitled to one-half day;
0.5 to 0.74 is entitled to one day; 0.75 to full time is entitled to one and a half
days of preparation time annually, to be taken in no less than one half day
increments, which will be covered by an occasional teacher as required. Part
time teachers may take the allotted time in less than half day increments subject
to the Principal arranging appropriate coverage.
This time shall be used for assessment, reporting, curriculum planning, or staff
development at the teacher’s discretion.
12.08 Change of Assignment
If a teacher’s grade assignment, or if more than half of a teacher’s subject
assignment within the school changes during the school year, they shall be
entitled to one (1) day free from teaching and supervision duties to prepare for
the new assignment.
12.09 Members who are impacted by school closures / renovations / boundary
changes, will receive support for packing and moving personal materials.
Principals will consult with impacted teachers as to the necessary support
required.
12.10 Supervision Time
1) Supervision time shall be defined as the time a teacher is assigned to
supervise students outside of the three hundred (300) minute instructional
day. Unless specifically assigned, teachers shall not be required to perform
supervisory duties outside of the Instructional Day as defined in Article 12.02.
For greater certainty, supervisory duties include assigned duties such as yard
duty, hall duty, bus duty and lunchroom duty and other assigned duties
undertaken before the beginning of opening exercises in the morning and the
commencement of classes following the lunch interval.
2) Effective September 1, 2005, no teacher will be assigned supervision in
excess of the amount of supervision time assigned in their school as of March
1, 2005, subject to modifications or changes in assignment or workplace. The
implementation of a balanced day does not constitute a modification in
assignment or workplace for these purposes.
3) Effective on May 1, 2009, the maxima of supervision minutes for elementary
teachers will be eighty (80) minutes within each period of five instructional
days. Scheduled supervision duties include, but are not limited to yard duty,
hall duty, bus duty and lunchroom duty.
4) Supervision time for teachers in less than full-time assignments shall be pro
rated.
12.11 Assessment and Report Cards
Effective 2010-11, two (2) Professional Activity Days will be designated for the
purpose of assessment and completion of report cards: one prior to the first
reporting period and one prior to the second reporting period.
12.12 Written notification regarding tentative teaching assignments shall normally be
provided no later than May 15.
Principals shall normally provide Teachers with initial timetables (excluding
supervision) for the upcoming school year by June 22 to allow for collaboration
with peers. A tentative timetable, approved by the Principal, shall be provided to
Teachers by the last day of the school year. The Board reserves the right to
adjust teaching assignments/timetables should there be staff or enrollment
changes at the school in order to meet school or system staffing needs.
ARTICLE 13 – STAFFING
13.01 The Board will staff elementary schools in accordance with the Education Act,
related Statutes and Regulations, including those regulations related to the
funding of school boards, of the Province of Ontario.
13.02 Class Size
a) Maximum Average Class Size
Effective August 31, 2007, the maximum average class size for each division
in each elementary school shall not be greater than the following:
Primary – 25 students
Junior – 31 students
Intermediate – 32 students
This clause will only apply in the primary and junior divisions where there are
more than two classes and in the intermediate division where there is more
than one class.
b) Maximum Class Size
Effective August 31, 2007, no class size shall exceed the following:
Primary – 27 students
Junior – 32 students
Intermediate – 33 students
Principals shall, wherever reasonable and practical, endeavour to organize
their schools with split grades at one student lower than the maximum class
sizes listed above.
c) This article has been greyed out and will remain inactive provided the
Kindergarten program remains in place as prescribed by the Ministry of
Education.
For JK/SK classes the maximum class size shall be 23 students. When a
child is registered in grade one (1) but is placed in a Kindergarten classroom
for fifty (50) percent or greater of the day, that student will be considered to be
in Kindergarten for staffing purposes.
d) The formal review of class sizes in accordance with the guidelines listed in
13.02 (a), (b) and (c) shall occur as at October 31st each school year. Where
exceptions occur prior to that time, reorganization to accommodate the
guidelines shall occur as early as possible. Following October 31st, should
an exception to 13.02 (b) occur, the Board and the Union Local President
shall meet to discuss the situation. Reorganization may be undertaken at the
mutual agreement of the Parties, with the best interests of students in mind.
Following October 31st, should an exception to 13.02 (c) occur, the class
shall be reorganized to comply with the guidelines at the next earliest
opportunity, given consideration to the needs of the students.
e) Where split grades cross divisions the class will be considered to be in the
division represented by the majority of the students in the class.
f) Exceptions
In recognition of special cases that may arise, a teacher who desires to do so
may request to exceed the guidelines set forth in this Article.
Before a request is made to exceed the guidelines set forth in this Article, a
meeting of the Union Local President or designate, or one of the released
officers, the Principal, a Supervisory Official or designate and the teacher(s)
involved must take place. The purpose of this meeting is to explore
alternatives.
g) For the purpose of application of this Article, primary includes grades 1 to 3,
junior includes grades 4 to 6 and intermediate includes grades 7 and 8.
h) Effective September 1, 2006, when students from a self-contained classroom
are integrated into a regular classroom, the class size maximum may only be
exceeded by one student.
13.03 District Staffing Committee
a) A District School Board Staffing Committee shall be established.
b) The Staffing Committee shall be composed of three (3) Union Local
representatives and three (3) Board representatives.
c) The Staffing Committee may request the attendance of non-voting resource
personnel invited by either party.
d) The Staffing Committee shall meet by March 31 and November 1 of each
year to review and monitor the Board’s actions taken to staff the schools. The
Board shall share the necessary information to complete the review and
monitoring process with the Union Local.
13.04 School Staff Advisory Committee
a) In order to ensure staff involvement in matters affecting school organization, a
School Staff Advisory Committee will be established in every school. The
Workplace Steward will be a member of the Committee. This Committee will
participate in an advisory capacity with the Principal in the school
organization, scheduling of staff meetings and parent-teacher interviews,
scheduling of instructional time, including preparation time and supervision
duties. Individual teaching assignments shall not be considered by the
School Staff Advisory Committee.
It is understood that extra-curricular activities are activities organized for
students by teachers on a voluntary basis and which occur outside the regular
instructional program. The scheduling of extra-curricular activities will be
shared with the School Staff Advisory Committee.
b) The following guidelines shall be used to guide the activities of the School
Staff Advisory Committee.
1) School Staff Advisory Committee Membership: In addition to the
Workplace Steward and the Principal, other members could include
Division Chairs, and Vice-Principal (where exists). In smaller schools
committee membership should be reduced, as there would be no vice
principal, and perhaps only two Division Chairs. The Workplace
Steward may also be a Division Chair.
2) Term: Generally one school year, although in order to provide
continuity from year to year it is advisable that there should be some
carryover in membership.
3) Terms of Reference: The purpose of the Committee is to examine
and discuss matters related to school organization. Items to be
discussed shall include, but shall not be limited to:
a. class make-up/organization (organization of split-grade
classes, assignment of students to classes);
b. class organization across the school (placement of split
grades, rotary);
c. teacher timetables (not including specific teacher
assignments);
d. scheduling of the school (gym schedule, preparation
time, library schedule);
e. procedures for obtaining Occasional Teachers;
f. scheduling of parent teacher interviews;
g. scheduling of staff meetings;
h. supervision schedule; and
I. scheduling/agenda for early dismissal days.
13.05 Union Consultation Regarding Major Changes to Schools
The Board agrees to consult with the Union Local, on issues of,
1) school openings or closures,
2) changes in grade ranges of schools, and
3) program cancellation or introduction.
The Board also agrees to provide to the Union Local information related to Staff
Allocation, which includes, staff allocation by school, student enrollment, centrally
assigned staff, surplus and redundancy, September reorganization, and changes
to school boundaries.
13.06 Where students are in elementary school programs those students will be taught
by elementary teachers except in the case where the Union and the Board jointly
agree to a teaching assignment exchange across panels (e.g. elementary to
secondary) that would occur with the best interests of students, staff and school
in mind.
ARTICLE 14 – MEDICAL PROCEDURES
14.01 The Board will consult with the Union Local in the development of procedures
related to Medical Procedures and the Administration of Medication to Students.
14.02 No teacher shall be required to perform routine medical or physical procedures
for pupils that might endanger the safety or well-being of the pupil or subject the
teacher to risk of injury or liability for negligence. Feeding and toileting health
support services will be a voluntary activity on the part of teachers except in an
emergency.
ARTICLE 15 – OCCUPATIONAL HEALTH AND SAFETY
15.01 The Board shall recognize its obligations to provide a safe and healthy
environment for employees to carry out all duties and obligations under the
Occupational Health and Safety Act and its accompanying Regulations as
minimum acceptable standards.
The Board and ETFO recognize the importance of promoting a safe and healthy
environment for employees and of fulfilling their respective duties and obligations
under the Occupational Health and Safety Act and its accompanying regulations.
15.02 The Board shall ensure that a copy of the Occupational Health and Safety Act
and its accompanying relevant Regulations shall be accessible to each teacher in
each workplace.
15.03 Fifth Disease/Rubella
If a pregnant teacher is advised by their physician not to attend the workplace
where there is a known case of Fifth Disease or Rubella, the teacher shall be
reassigned to an alternate site with pay within 35 km of school or home (from the
closest school you pass when you enter the Board’s boundaries if you live
outside of AMDSB), whichever is less. For all other communicable diseases, the
Board agrees to follow Administrative Procedure 413.
15.04 Mandatory Training
A teacher requiring mandatory training will be given time to complete the
necessary training on a non-Assessment and Reporting Professional Activity
Day, during an inclement weather day, or at a staff meeting.
At the discretion of the Board, a teacher returning to work from an extended or
statutory leave may be provided up to ½ day to complete mandatory training if
any has been missed.
ARTICLE 16 – HARASSMENT FREE WORKPLACE
16.01 Workplace harassment means engaging in a course of vexatious comment or
conduct against a worker in a workplace that is known, or ought reasonably to be
known to be unwelcome, whether based on prohibited grounds enumerated in
the Ontario Human Rights Code or not.
The Board agrees to maintain the administrative procedure which addresses
harassment in the workplace. The Board agrees to consult with the Union Local
in the upkeep of the administrative procedure. A copy of the procedure shall be
accessible to all teachers.
ARTICLE 17 – RETIREMENT/RESIGNATIONS
17.01 A teacher shall provide written notice by November 30 of the intention to resign
or retire effective December 31 and by May 31 of the intention to resign or retire
effective June 30 or August 31.
17.02 Nothing herein prevents a teacher and the Board from mutually agreeing in
writing to the teacher’s resignation at any time.
17.03 The Board shall pay $150.00 to each teacher who provides written notice by
March 1 of the intention to terminate employment effective either June 30 or
August 31.
ARTICLE 18 – BENEFIT PLANS
18.01 Long Term Disability Plan
The Board agrees to administer, only to the extent of deduction and submission
of premiums, a Long Term Disability Plan on behalf of the teachers who will pay
100% of the premium costs. Participation in the plan shall be a condition of
employment for those people hired by the Board following ratification. While
100% of the premium is paid by the teachers, the carrier shall be selected by the
Union Local. Approval on plan design changes must be provided by Board
administration to ensure Board staff workload levels or requirements to
administer the plan do not change.
18.02 Employee Assistance Program
The parties agree to share equally the costs of an Employee Assistance
Program. Participation in this Program shall be a condition of employment.
18.03 Educators Financial Group
The Board will process deductions for the Educators Financial Group at no cost
to the teachers. Such deductions shall be sent to Educators Financial Group,
2225 Sheppard Ave. E #1105, North York to arrive within ten (10) days following
the pay date.
ARTICLE 19 – SICK LEAVE
Refer to Section C6.00 of Part A and Letter of Agreement #1: Central Terms.
19.01 The Board shall administer a sick leave plan and maintain a sick leave account
for every teacher who is a member of the Union Local. The account shall show a
record of the teacher’s credited sick leave STLDP, top up days and used sick
leave. An electronic statement of the account shall be provided to the Teacher
on or before September 15 of each school year. If there are any inaccuracies or
discrepancies, the teacher will notify the Human Resource Services Department
no later than October 15.
19.02 a) Medical or Dental certification with respect to payment for absence under the
Sick Leave Plan shall be provided by the teacher upon the request by the
Director or designate. Such costs for medical certification required by the Board
shall be paid by the Board.
b) It is agreed that, when a teacher is eligible for and receives approval of claim
by the Workplace Safety and Insurance Board of Ontario:
1) The Loss of Earnings Benefits shall be remitted to the Board.
2) The teacher shall receive full pay from the Board up to a maximum of 4
years and 6 months.
3) There shall be no deduction from the sick leave account.
19.03 When a teacher is unable to work due to personal illness, accident or disability,
where requested by the teacher, the responsibility for obtaining an occasional
teacher to cover this situation, if required, will lie with the individual school
administration.
ARTICLE 20 – LEAVES OF ABSENCE WITHOUT PAY
20.01 a) A teacher has the right to access unpaid leaves of absence in an emergency
as outlined in the Employment Standards Act (2000), S50.
b) Leaves of absence without pay may be granted to teachers at the sole
discretion of the Director or designate.
c) Written requests for leave which encompass an entire school year shall be
directed to the Director or designate and shall be received no later than March 1
prior to the school year in which the leave is requested to commence.
The teacher on a leave of absence may request an extension of the leave by
notifying the Director of Education. Such notice shall be in writing and shall be
received by March 1 of the year the teacher is scheduled to return from a leave
of one school year.
d) Written requests for a leave of absence without pay which is for a period less
than a school year shall be directed to the Director or designate and shall be
received no later than six (6) weeks prior to the commencement of the leave of
absence wherever possible.
e) Upon the conclusion of the leave the teacher will have the right to be returned
to the teacher’s former school subject to the procedures in Articles 29 and 30.
The teacher shall be entitled to full credit for teaching experience for seniority
purposes with the Board within the meaning of Article 28 during the period of
such leave. A teacher on leave is subject to all other terms and conditions of
employment arising from this Collective Agreement, unless expressly addressed
within this Collective Agreement. The teacher will not be entitled to have any
sick leave credits placed to the teacher’s credit during the term of the leave of
absence, nor will the teacher be entitled to any benefits under the Sick Leave
Plan. There shall be no loss of sick leave credits previously accrued.
The term of the leave of absence shall not count as teaching experience for
salary grid purposes.
f) Subject to continuing eligibility and in accordance with Article 18, a teacher
who is granted leave of absence may retain membership in any of the group
benefit plans to which the teacher belonged at the time the leave commenced.
The teacher shall be responsible for the full premium costs for the period of
absence in order to maintain participation and coverage under the group benefit
plans.
Any alteration to the benefit plans available to teachers under Article 18 of this
Collective Agreement will be reflected for all teachers, including those on a leave
under this Article. As such, new benefit plans available to teachers will also be
made available to teachers on leave, subject to the agreement on premium
payment costs as per the first paragraph of Article 20.01 (e).
g) Changes in the terms of a leave of absence once approved under this Article
may be made only by mutual consent of the teacher and the Board, must be in
writing, and must conform with the requirements of this Collective Agreement.
h) Requests for part-time leaves of absence shall be covered by the terms of Article 20
20.02 Long Term of Absence for Reason of Illness, Accident or Disability
a) A teacher who is absent from work for reasons related to illness, accident, or
disability shall be granted long term leave of absence without pay when the
teacher’s sick leave credit is exhausted and/or the teacher is in receipt of long
term disability benefits.
b) If a teacher who is absent for reasons related to illness, accident, or disability
for 36 consecutive months, or for a longer period extended by sick leave credit,
wishes to return to teaching, the teacher must notify the Board in writing of the
desire to return to teaching no later than April 1 prior to the school year in which
the teacher wishes to return to teaching. It is agreed that, in circumstances
where a teacher is not able to give the notice as required above, every
reasonable effort will be made to provide the teacher with a position within the
complement. The teacher must provide a doctor’s certificate verifying the
teacher’s ability to return to teaching duties. Subject to the provisions of Articles
29 and 30, the teacher who has fulfilled the notice requirements above, will be
returned to the same school in which the teacher was most recently employed.
The teacher shall be entitled to full credit for teaching experience for seniority
purposes with the Board during the period of leave.
c) Notwithstanding the above, the Board acknowledges its responsibility to
accommodate the return to work of a teacher in accordance with prevailing
legislation.
20.03 Approved Unpaid Days (AUD)
Up to three (3) days of absence without pay, pro-rated according to FTE, may be
granted during the school year.
Such leave requests will be subject to the approval of the Principal and the
Director or designate and will not be unreasonably denied. Should a leave be
denied, the teacher may request a rationale be provided. Approvals will not
normally include the extension of holiday periods, Parent-Teacher interview
dates as referenced in Appendix B, or EQAO testing weeks.
For the purpose of this Article, holiday periods mean Thanksgiving, Christmas
Break, Family Day, March Break, Easter, Victoria Day, and commencement or
conclusion of summer break.
Leaves will be subject to the availability of replacement teachers.
ARTICLE 21 – SHORT TERM PAID LEAVES OF ABSENCE
21.01 Special Leave
a) Leave of absence on special grounds with pay and without loss of benefits or
loss of sick leave credit for a total of not more than three (3) days in a school
year may be granted at the discretion of the Principal. Such leaves may be
granted for:
● essential personal matters not including a person’s business
● family illness
● University/College examinations
● attendance at summer courses, related to the professional
responsibilities of a teacher, that commence prior to the end of the
school year
● personal/family involvements in weddings, graduations, and other such
ceremonies
● religious holy days
● family involvement around the time of adoption of a child
● divorce and/or child custody proceedings
b) The parties agree that requests for time under this Article shall not be used
just prior to or just after a holiday period to extend the holiday. Exceptions
may be granted by the Director, or designate.
c) In addition to the above, a Principal may grant leaves of up to one-half day
with full pay and no loss of special leave or sick leave credits in
circumstances where no occasional teacher is required.
21.02 Bereavement Leave
a) Absence of up to five (5) days per occasion without loss of pay shall be
granted and shall not be chargeable against sick leave credits where absence
is required through death in the immediate family. Immediate family shall
include the teacher’s spouse/partner and the following relations to the teacher
or the teacher’s spouse/partner: parents/step-parents/former guardians,
sibling/step-sibling, child/step-child/ward, grandparents, grandchildren,
daughter-in-law, son-in-law.
b) Absence occasioned by the death of aunts, uncles, nephews, nieces, close
friends or funerals in which the teacher plays an active part as pallbearer,
flower bearer, etc. shall be granted one (1) day per occasion without loss of
pay and shall not be chargeable against sick leave credits.
c) Where a teacher requires travel time for absences in (a) and (b) above, such
time, in addition to (a) and (b) above may be granted by the Director or
designate.
d) For absences in (a) and (b) above, additional time may be granted at the
discretion at the Director or designate.
21.03 Compassionate Leave
Upon application to the Principal, and at the discretion of the Principal, a teacher
may be granted up to two (2) days of Compassionate Leave of Absence in any
one year without loss of pay and/or sick leave credits.
A Compassionate Leave may be granted by the Principal in emergency
situations which necessitate the teacher’s attention and are beyond the teacher’s
control for family illness, and for an extension to bereavement leave.
21.04 Quarantine, Jury Duty, or Witness Duty
Absence occasioned by quarantine, jury duty or subpoena as a witness in any
proceedings in which the teacher is not the person who commences the action or
application shall not be chargeable against sick leave credits. A teacher’s normal
salary and benefits shall be unaffected by such absence provided such service
fees as are received by the teacher as a juror or witness shall be remitted to the
Board.
ARTICLE 22 – PREGNANCY/PARENTAL/ADOPTION LEAVE
22.01 Pregnancy Leave
When a teacher is pregnant, they shall inform the principal at least two weeks in
advance of the expected birth date in order to provide an orderly changeover of
classroom duties if a pregnancy leave is required.
22.02 Adoption Leave
a) When a teacher expects to adopt a child, the teacher should inform the
principal as far in advance of the adoption date as possible and request a
leave in order to provide an orderly changeover of classroom duties.
b) In the event that either parent of the adopted child wishes to have a leave of
three days or less for adoption purposes, such leave shall be granted without
loss of pay. A further two days of leave with pay shall be approved, if
requested by the teacher, but shall be subtracted from the days available
under Article 21 – Special Leave.
22.03 Statutory Parental Leave
Where a teacher is not entitled to statutory pregnancy leave, but is entitled and
wishes to take statutory parental leave, the teacher should inform the principal at
least two school months in advance of the expected date the leave is required in
order to provide an orderly changeover of classroom duties. As per the
Employment Standards Act, where a teacher takes a statutory pregnancy leave,
the statutory parental leave will follow the pregnancy leave directly unless the
child has not yet come into their custody, care and control for the first time.
22.04 The following conditions apply to leaves under Article 22.01, 22.02 and 22.03.
a) Statutory Pregnancy, Adoption and Parental Leave shall be in accordance
with the current Employment Standards Act as may be amended from time
to time.
b) Statutory Pregnancy Leave
Refer to C10.2 Central Terms
I. Normal salary shall not be paid during the leave. However, for an
employee on Statutory Pregnancy Leave, the Board will pay a
pregnancy benefit for eight (8) weeks, as set out below. The
pregnancy benefit shall be based on the employee’s regular rate of pay
in effect on the date of commencement of the leave.
a. The Board shall compensate the teacher during the one (1) -week
waiting period at a rate of 100% of that teacher’s salary and
allowances.
b. The Board shall pay a “top-up” payment following the waiting period
or, when the waiting period occurred before the birth of the child,
immediately following the birth of the child which, when added to
the Employment Insurance benefits, shall be equal to 100% of their
regular pay for the next seven (7) weeks of the leave.
c. Such payments shall be made as soon as possible after the
employee submits proof of the Employment Insurance amount that
the employee is eligible for and proof that the first Employment
Insurance payment has been made. For teachers not eligible for
Employment Insurance, please refer to C10.2 Central Terms.
d. Compensation in (a) and (b) shall be available through a
Supplemental Employment Benefit Plan approved by the Canada
Employment and Immigration Commission and registered with
Human Resources Canada.
e. No sick leave credits shall be deducted as a result of payments in
(a) and (b) above.
f. The Board’s normal contributions to the premiums of the benefit
plans as described in Article 18 shall be continued during the
statutory leave but this continued Board contribution shall not
exceed the statutory period.
g. Statutory leave shall count as teaching experience for salary grid
placement purposes.
h. The teacher, upon return to duty, shall be entitled to any change in
salary scales made effective during the period of absence. The
teacher shall suffer no loss of seniority or other benefits as a result
of the statutory leave.
i. Any teacher who commences a statutory leave shall receive all
wages or salaries owing prior to the commencement of the leave,
whenever administratively possible.
j. A teacher shall be granted a statutory leave during the teacher’s
first 13 weeks of employment with the Board.
k. A member returning from a pregnancy/parental/adoption leave shall
be assigned to the original position if it exists, or a comparable
position if it does not, or a mutually agreed upon position for which
the member is qualified at the same worksite, subject to the
procedures in Articles 29 and 30.
c) Statutory Adoption/Parental Leave
Normal salary shall not be paid during the term of the leave. However:
I. For a teacher on statutory adoption or parental leave where there is a
two (2) week waiting period prior to the receipt of Employment
Insurance payments the teacher will receive two (2) weeks of
payments equivalent to full salary for the first two (2) weeks of the
leave. Such payments shall be made as soon as possible after the
teacher submits proof of the Employment Insurance amount that the
teacher is eligible for and proof that the first Employment Insurance
payment has been made. The adoption/parental salary payment shall
be based on the teacher’s regular rate of pay in effect on the date of
commencement of the leave.
II. For a teacher on statutory adoption or parental leave where there is
not a two week waiting period prior to the receipt of Employment
Insurance payments the teacher will receive a top-up payment which,
when added to the Employment Insurance benefit, shall be equal to
100% of the teacher’s regular rate of pay for the first two (2) weeks of
leave. Such payments shall be made as soon as possible after the
teacher submits proof of the Employment Insurance amount that the
teacher is eligible for and proof that the first Employment Insurance
payment has been made. The adoption/parental top-up payment shall
be based on the teacher’s regular rate of pay in effect on the date of
commencement of the leave.
22.05 Partner Leave
Leave of absence without loss of pay occasioned by and around the time of birth
of a child shall be granted to the Partner. Such leave shall be for a total of not
more than three (3) days.
22.06 Non-Statutory Parental Leave
Upon request a teacher shall be granted up to three years of non-statutory
parental leave immediately following the end of statutory parental leave. The
terms of such leave shall be in accordance with Article 20 – Leaves of Absence
Without Pay
ARTICLE 23 – INCLEMENT WEATHER
23.01 Where a teacher is unable to reach the teacher’s school because of weather
conditions that are severe enough to make it impossible for the teacher to be
present or if the teacher’s school is closed, there will be no loss of pay, benefits
or sick leave credits. It will be the teacher’s responsibility to notify the Principal
or designate of the situation as soon as possible.
23.02 No teacher shall be required to report to a school, which is not the teacher’s
school.
ARTICLE 24 – SECONDMENT
24.01 The secondment of a teacher to an organization external to the Board requires
the approval of the teacher, the Board and the outside organization. While on an
approved secondment, the teacher shall continue to be an employee of the
Board and shall be bound by the provisions of this collective agreement, except
that the teacher shall accept all working conditions as they exist in the outside
organization as part of the agreement to the secondment. In normal
circumstances, the Board will bill the outside organization for the full employment
cost of the teacher.
24.02 Upon the conclusion of the secondment, the teacher will have the right to be
returned to the teacher’s former school subject to the procedures in Articles 29
and 30.
ARTICLE 25 – DEFERRED SALARY LEAVE PLAN
25.01 The Deferred Salary Leave Plan, hereinafter referred to as DSLP, shall afford
teachers the opportunity to take a one (1) year or half year leave of absence
financed through the deferral of salary by distributing ‘n’ years or half years
earned pay over ‘n+1’ consecutive years or half years. Where a half year is
requested, such request must be for the first half or the second half of the school
year.
25.02 The Deferred Salary Leave Plan will be in accordance with the Income Tax Act,
the Regulations thereunder, any applicable Revenue Canada rulings or
legislation, Teacher’s Pension Act requirements and any other legislation
governing deferred salary leave plans.
25.03 The period of salary deferral shall not be less than two (2) years nor shall it
exceed six (6) years. The leave period will be taken at the end of the salary
deferral period. In all cases the leave period shall be completed within seven (7)
years from the date of enrolment in the plan.
25.04 Application Process
A teacher shall make written application to the Director or designate on or before
March 1st preceding the school year in which the teacher wishes to begin the
DSLP, requesting approval for participation in the DSLP and specifying salary
deferral desired.
Written acceptance, denial, or suggested modifications of the request, with
explanation, shall be forwarded to the teacher on or before May 15th of the
school year in which the request is made. Such reasons for denial may include,
but are in no way limited to, a situation where, in the opinion of the Director or
designate, the program of the school or the system would be detrimentally
affected by the leave.
25.05 Payment Formula and Retention of Deferred Salary
a) In each year or half year of the DSLP preceding the year or half year of leave,
the appropriate proportion of salary and allowances will be retained by the
Board and held in trust for the teacher to be paid out during the period of the
leave. The reduced percentage of salary paid in the years preceding the
leave is calculated as follows: [n/(n+1)] x 100% of the salary and applicable
allowances normally earned. Interest earned on the deferred salary shall be
paid to the teacher in accordance with Revenue Canada regulations and
guidelines.
b) During the period of the leave, the Board shall pay the teacher the
accumulated monies held in trust for the teacher in either,
I. installments conforming to the regular pay periods and in the proportional
amounts set forth in Article 10 for the period of leave, or
II. one or two lump sums, if requested by the teacher in special, extenuating
circumstances.
25.06 Return Following DSLP
a) The teacher will be required to return to the employ of the Board for at least a
period that is not less than the period of the teacher’s leave of absence, after
completion of the plan, unless the plan is cancelled prior to the year of leave.
b) Upon the conclusion of the DSLP, the teacher will have the right to be
returned to the teacher’s former school and shall be assigned to the original
position if it exists, or to a comparable position within the same division or a
mutually agreed upon position for which the teacher is qualified at the same
worksite, subject to the procedures in Articles 29 and 30.
25.07 Withdrawal/Deferral of DSLP
a) The teacher shall have the right to request withdrawal from the plan in cases
of financial or other hardship, as deemed acceptable under the governing
legislation, up to March 1 immediately preceding the school year in which the
leave is to be taken. Such request is subject to the approval of the Director or
designate. However, in exceptional circumstances and with the approval of
the Director or designate, a teacher may withdraw from the plan after March
1.
b) Should a teacher withdraw from the plan according to the above paragraph,
or should a teacher die or resign from the employ of the Board prior to taking
the leave, or should a teacher be declared redundant and actually be placed
in a redundant position prior to taking the leave, the Board shall pay to the
teacher or the teacher’s estate or beneficiary, the withheld salary and
applicable allowance money together with interest accrued in the trust
account. Such payments shall be made within thirty (30) days of the Board
receiving official notice of the above.
c) A leave period may be deferred for compelling personal reasons, at the
request of the teacher and with the approval of the Director or designate.
Such request for deferral must be given in writing to the Director or designate
by March 1 preceding the school year in which the leave was first scheduled
to occur.
In the event that a suitable replacement is not available for a teacher who has
been granted a leave, the Director or designate may defer the period of leave.
Notice of such deferral shall be given in writing by March 1 by the Director or
designate preceding the school year in which the leave was first scheduled to
occur. In this instance, a teacher may choose to remain in the Plan or may
withdraw and receive any monies and interest accumulated to the date of
withdrawal. In the latter case, repayment shall be made within thirty (30) days
of the date of withdrawal.
In exceptional circumstances and with the approval of the Director or
designate, a leave period may be deferred after March 1.
25.08 Conditions during DSLP
a) During the period of the leave there shall be no sick leave coverage or
accumulation, but other benefits may be continued at the discretion of the
teacher with the teacher paying the full cost of premiums. Long Term
Disability coverage shall be based on the annual salary the teacher last
earned prior to the leave period. The arrangement for benefits must be made
prior to the commencement of leave and will govern the full period of the
leave. In any event, benefits will be reinstated when the teacher returns from
leave at the same levels held by the teacher prior to commencement of leave.
b) The parties recognize that the legislative requirements for payroll deductions,
such as income tax, Teachers’ Pension Plan, Ontario College of Teachers,
Employment Insurance and Canada Pension, shall be applied in accordance
with the Acts and Regulations in effect at the time. It is the teacher’s
responsibility to make contributions that are optional.
Neither the Board nor the Union Local assumes responsibility for any
consequences arising out of the implementation of the Teacher Funded
Leave Plan related to its effect on Teachers’ Pension Plan provisions, Ontario
College of Teachers provisions, income tax implications, Employment
Insurance and the Canada Pension Plan. Notwithstanding the above, the
Board shall make the normal deductions and remittances for these programs.
c) A teacher enrolled in the plan shall continue to accumulate seniority during
the period of the leave.
d) A teacher enrolled in the plan shall not receive teaching experience credit for
the period of the leave for the purpose of salary increment.
25.09 A teacher who was enrolled in a Teacher Funded Leave Plan or a Teacher
Funded N Over N+1 Plan in accordance with the provisions of the collective
agreements with predecessor boards of the Board shall be governed at the
earliest practical opportunity by the Deferred Salary Leave Plan terms as defined
by this Agreement for interest payment during the period of the plan prior to the
leave period and payment method of deferred salary during the leave period.
ARTICLE 26 – UNION LOCAL RELEASE TIME
26.01 Long Term Release Time
The Board agrees that release time will be granted to Union Local
representatives for up to the equivalent of two full-time teachers. Such
representatives, appointed by the Union Local, shall be released from teaching
duties in order to undertake appointed responsibilities. The status of such
representative(s) shall continue to be that of a teacher with the Board, retaining
all applicable rights and privileges thereto. The Union Local shall notify the
Board of the names of such representative(s) for the following school year prior
to May 15th.
The Union Local shall reimburse the Board for the total costs of the salary,
benefits and allowances of the lowest paid teacher(s) on the grid for the full-time
equivalent of the total release time. In the event that any further allowance is
paid to the representative(s) on the written request of the Union Local, the Union
Local shall reimburse the Board for 100% of such allowance. The salary and
benefits for such Union Local representative(s) shall be updated as required and
as they would apply had the teacher(s) continued to be assigned their full duties
in their school. Annually, the Board will send a bill to the Treasurer of the Union
Local for the amount owing and the bill shall be paid in equal monthly
installments on the same basis as the dues remittance specified in Article 5. It is
understood that the payment of salary and benefits as required by the Collective
Agreement as applying to the Union Local representative(s) as well as any
additional allowance(s) shall govern the amounts reported for Teachers’ Pension
Plan purposes and other benefits.
It is understood that any allowance paid to a representative on the written
request of the Union Local shall form part of the annual salary rate for the year
immediately preceding retirement for the purposes of Article 27. The Union Local
shall reimburse the Board for the difference between the severance payment that
would have been paid under Article 27 had there been no union allowance, and
the severance payment paid as a result of the allowance being included.
Subject to Articles 29 and 30, a teacher returning from a long term Union leave
has the right to be reassigned to the same school in which they were most
recently employed.
26.02 Intermittent Union Release Time
Upon the written request of the Union Local, Union Local representatives shall be
granted release time for Union Local purposes. Such release time shall be
without loss of salary or benefits. Such release time shall not normally exceed
two (2) days at any one time. The actual time(s) of release time(s) shall be
mutually agreed upon by the President of the Union Local and the Director or
designate. In the event that an occasional teacher is used to cover release time
described above, the cost of the occasional teacher shall be paid by the Union
Local.
In addition to the above, Union Local representatives will be granted release time
to participate in negotiations; such release time to be without loss of pay or
benefits. When occasional teachers are used to cover the absence of these
teachers, the occasional teacher costs will be shared equally between the Board
and the Union Local.
26.03 Provincial Release
The Board agrees that release time will be granted to a teacher who holds an
office requiring full-time duty at the provincial Union level, provided that:
a. the Union reimburses the Board for the cost of the teacher’s total salary,
benefits and allowances;
b. the period of release time is one full school year;
c. the notice of the teacher’s intention to run for provincial office is provided
to the Director of Education or designate prior to April 1 before the school
year in which the release time will be required; and,
d. the notice of the actual requirement for the release time is provided within
48 hours of the office becoming confirmed for the teacher.
ARTICLE 27 – SEVERANCE PAYMENT PLAN
27.01 The parties agree to grandparent the current gratuity plans for teachers hired on
or before May 27, 1999 as they apply in the respective predecessor boards’
collective agreements. Notwithstanding the above, the gratuity plan in the Perth
collective agreement is deemed to apply to both full and part-time teachers and
to teachers retiring who will be in receipt of a pension or the commuted value of a
pension from the Ontario Teachers’ Pension Plan. Notwithstanding the above,
the gratuity plan in the predecessor Perth collective agreement is deemed to
credit teachers with total years of teaching employment with the predecessor
Boards.
27.02 For teachers hired with an effective date of employment after May 27, 1999, the
language below shall apply.
A teacher, having at least ten years of continuous employment immediately prior
to retirement with the Board or the predecessor boards shall be eligible to receive
a severance payment using the calculation provided below. Such payment shall
in no circumstances exceed one-half of the annual salary rate of the teacher for
the 12 months immediately preceding retirement. In this respect, the term
‘annual salary’ shall be interpreted as being the normal rate of pay, excluding
night school, benefits, etc., during the year immediately preceding retirement.
Reasons for retirement shall be:
a) age 65 or older for any teacher; and
b) receipt of a pension or the commuted value of a pension from the
Ontario Teachers’ Pension Plan.
Calculation of Severance Payment Plan
= accumulated sick leave annual salary
2 X 200
The severance payment payable shall not be greater than the allowance
in the following schedule:
Years of Experience Maximum Payment
10 20 %
11 22 %
12 24 %
13 26 %
Of annual salary rate for the year immediately preceding retirement and for each additional year of continuous employment a further 2% up to a maximum allowance of 25 years and over, 50% of annual salary rate of the
employee for the year immediately preceding retirement.
27.03 The severance payment shall be paid immediately following separation from the
Board. A teacher may choose the option of receiving two equal payments
spread over two years. Under such two-payment option, the Board shall not be
expected to pay any interest.
27.04 In the event of death of a teacher after retirement, any severance payment
accrued but unpaid in accordance with the foregoing terms and conditions shall
be paid to the beneficiary or, failing designation in writing of a beneficiary by the
teacher, shall be paid to the estate.
In the event of death of a teacher with a minimum of ten years’ continuous
employment, prior to death, with the Board and where death occurs prior to
retirement, the benefits of this plan shall be calculated specific to the deceased
teacher and this amount shall be paid to the beneficiary or, failing designation in
writing of a beneficiary by the teacher, shall be paid to the estate.
ARTICLE 28 – SENIORITY
28.01 An elementary teacher shall accumulate seniority throughout each period of
employment with the Board. Full seniority shall be accumulated without regard to
whether employment is full-time or part-time, and throughout all leave periods.
28.02 The criteria for determining order of seniority for elementary teachers shall be in
the following order:
a) total years of experience as an elementary teacher with the Board or its
predecessor boards, and where this is equal;
b) total years of experience as an elementary teacher, including occasional
elementary teaching, with the Board or its predecessor boards, and where
this is equal;
c) total years of experience as an elementary teacher, including occasional
elementary teaching, in Ontario, and where this is equal;
d) total years of teaching experience, including occasional teaching, with the
Board or its predecessor boards, and where this is equal;
e) total years of teaching experience which is acceptable to the Ontario
Teachers Pension Plan, and where this is equal;
f) by lot conducted jointly by the parties.
28.03 Experience as an occasional teacher for the purpose of tie-breaking shall be
calculated by dividing the total number of days of occasional teaching with the
Board or its predecessor boards by 185 and rounding up to the nearest 1/10 of a
year. Effective January 15, 2021, the Board will use 194 as the denominator for
all future calculations.
28.04 The onus shall be on the teacher to provide documentation of experience used
for seniority determination. Any records maintained by the Board will be used to
assist in the verification of experience documentation.
28.05 Seniority List
On or before November 1st, a seniority list shall be drawn up by the Board and
shall be posted in every elementary school or place of employment for
elementary teachers and provided to the Union Local. The list shall include the
seniority status in decreasing order of seniority and the factors which determine
the seniority status of each teacher respectively, as determined and accumulated
in accordance with Article 28.02.
Following the posting of the seniority list, teachers shall have fifteen (15) days in
which to point out in writing to the Director or designate any errors or omissions
after which time the list shall be deemed to be accurate and correct in all
respects. A copy of the corrected seniority list shall be posted prior to December
15th.
The Board will make every effort to post an up-to-date seniority list electronically
for access at the school level, and amendments will be provided to the Union
Local as soon as practicable after they occur.
ARTICLE 29 – SURPLUS PROCEDURES, POSTING AND TRANSFER
OF STAFF
29.01 Designation of Surplus Teachers
a) When a school has more teachers for the upcoming school year than the
approved staff allocation of the upcoming school year, the teacher with the
least seniority in the school shall be declared surplus to the school’s needs,
provided the teachers who are more senior and who would remain in the
school are qualified to teach the assignments required within the school. On
or before March 31, the Principal will submit a list of “Teachers Surplus to
School Requirements” to the Director or designate and will inform, in writing,
each teacher so placed on the list of “Teachers Surplus to School
Requirements”. The Principal will use the seniority list which has been
prepared in accordance with Article 28 and shall name the teachers in
reverse order of seniority as being surplus.
b) The Director or designate will ensure that, based on the seniority of the
teachers designated surplus in Article 29.01 (a), at least the necessary
number of teachers with lesser seniority district-wide are designated surplus
and eligible for transfer in order to accommodate those teachers with more
seniority in other schools who were designated surplus in accordance with
Article 29.01 (a). On or before March 31, the Principal will submit a list of
“Teachers Surplus For District Reasons” to the Director or designate and will
inform, in writing, each teacher so placed on the list of “Teachers Surplus For
District Reasons”.
c) Prior to April 15, the Director or designate will confirm, in writing to the
individual teachers impacted, those teachers who were declared surplus to
school requirements by the Principal in accordance with Article 29.01 (a) and
those teachers who were declared surplus for district-wide reasons in
accordance with Article 29.01 (b). In doing so the Director or designate will
take into consideration all staffing related information in place as of March 31.
d) A summary of the lists and information resulting from the processes
undertaken in Article 29.01 (a), (b) and (c) above shall be provided to the
Union Local President following each step of the process.
29.02 Transfer of Surplus Teachers
a) Teachers declared surplus in accordance with Article 29.01 shall be placed in
order of seniority (including partial placements and partial FTEs) prior to any
vacancies being posted on a system basis, provided any such teacher is
qualified (primary, junior, intermediate, FSL, special education and
instrumental music, provided the teacher delivers a music program that
includes a yearlong instrumental program consisting of band/orchestra and
must be taught to a minimum of one grade level) to teach the assignments
required within the school. This shall not prevent the transfer of staff under Article 29.05, which shall be accommodated as may be possible prior to
vacancies being posted on a system basis.
In the event that there are insufficient vacancies to place all teachers, it is the
intent of the surplus procedure to ensure that the most senior surplus
teachers are placed provided that in all cases the teachers remaining in the
system are qualified and capable of teaching the subjects of the program.
b) A teacher who has been declared surplus, and subsequently is transferred to
another school, shall be given the opportunity to remain in their current school
if a suitable vacancy effective for the following September 1 arises on or
before June 22 in the year in which the surplus and redundancy procedures
are applied and provided the teacher is qualified to fill the vacancy. Following
June 22, similar rights may be extended if agreed to by the Principals and the
Supervisory Official(s) involved.
29.03 Vacancies and Posting
a) An occasional teacher will be hired to fill vacancies as provided for by the
Education Act and regulations except where the vacancy is identified in
advance as existing for an entire school year.
b) Following the placement of surplus teachers and consideration of voluntary
transfers submitted by February 15, the Board shall post vacant positions
subject to the provisions of Article 29.03 (a) and (c).
c) The Board shall post electronically all vacancies which are identified prior to
June 22 effective for September 1 of the following school year and those
identified on or before November 30 effective for January 1 of that school
year except those vacancies where an Occasional Teacher is used in
accordance with the Education Act and regulations as per Article 29.03 (a).
The Board shall not be required to post any subsequent vacancy as a result
of the initial posting of the vacancy which was identified on or before
November 30 for effect January 1. Vacancies shall be posted electronically
for three (3) working days. All teachers shall have reasonable opportunity to
respond to such posted vacancies.
29.04 New Positions
Although the Board has the sole right to create or to designate a new position to
be filled by a teacher who comes within the scope of this Collective Agreement, it
is agreed that the Union Local will be consulted with respect to the salary and
additional allowance, if applicable, for such position prior to the new position
being advertised. This clause does not apply to secondments for teachers to
work on specific projects, internal or external to the Board, if the salaries of the
teachers do not change.
29.05 Transfer of Staff
a) Teacher Requested Transfer
Teachers who have requested voluntary transfer prior to February 15 shall be
considered for vacant positions prior to posting such vacancies on a system
basis. The teacher will specify the schools to which the teacher wishes to
transfer. The teacher may also indicate grade and subject preferences. If a
position is not available at any of the requested schools, the transfer will not
proceed and the teacher will remain at their school, subject to Articles 29 and
30. A response to the request for a voluntary transfer will be communicated
in writing to the teacher by May 15.
b) Voluntary Exchange
Two or more teachers may initiate a request for voluntary exchange for a
period of one (1) school year. Approved voluntary exchanges may, on the
request of the teachers involved, be extended for a maximum of one (1)
additional school year. Such request(s) will be subject to the approval of the
Principals of the schools impacted by the exchange. Such request(s), with
the written approval of the Principals, will be submitted for the consideration
of the Superintendent of Education (Human Resource Services) or designate
prior to February 15th for effect September 1st of the following school year.
Approval/denial of the request(s) will be communicated in writing by May 15.
c) Administration Directed Transfer
If, after consultation with the Principal and Union Local, it is of the opinion of
the Director or designate that it would be beneficial to both the teacher and
the system, an administrative transfer will take place. Where such an
administrative transfer is contemplated for the following school year such
consultation and notification will take place on or before May 15. Wherever
possible, such consultation will take place prior to district-wide staffing
meetings, including discussion on the reasons for transfer and potential
destinations.
Any teacher transferred at the direction of administration as per Article 29.05
(c), without promotion, shall be paid an allowance not to exceed one
thousand two hundred dollars ($1,200) towards the actual cost of a move of
residence if the following additional conditions are met:
1. the school to which the teacher is being transferred is further
from the residence of the teacher than the school from which
the teacher is transferred;
2. the teacher changes residence within twelve months of the
effective date of the transfer; and
3. the change of residence results in a shorter travelling distance
than the teacher was travelling prior to the transfer.
29.06 Prior to the commencement of the posting process, the Director or designate will
share all information available regarding staff placement with the Union Local
President.
29.07 If, in the opinion of the Director or designate, it is advisable to reduce staff in a
school or schools due to decreased enrolment, determined as of the first Friday
of the school year, of 3.0% or more relative to the school’s projected enrolment,
such staff reduction shall be achieved by declaring, no later than September 30,
as surplus to the school’s needs the teacher(s) with the least Board seniority in
the school, provided the teachers who are more senior and who would remain in
the school are qualified (primary, junior, intermediate, FSL, special education or
instrumental music, provided the teacher delivers a music program that includes
a yearlong instrumental program consisting of band/orchestra and must be
taught to a minimum of one grade level) to teach the assignments required within
the school.
a) Any teacher(s) declared surplus under this provision shall be transferred to
another school within a 50 km radius of school or home (from the closest
school you pass when you enter the Board’s boundaries if you live outside
of AMDSB), whichever is less.
b) Any teacher(s) required to change schools as part of this process, will be
eligible to receive up to three (3) paid days free of teaching at the
discretion of the teacher in order to prepare for this change of location.
c) A teacher who has been declared surplus to their school under this
provision and is transferred to another school under this process, shall be
given the opportunity to return to the teacher’s original school if a vacancy
for which the teacher is qualified (primary, junior, intermediate, FSL,
special education or instrumental music, provided the teacher delivers a
music program that includes a yearlong instrumental program consisting of
band/orchestra and must be taught to a minimum of one grade level)
becomes available within the same school year. Where more than one
such teacher exists, the teacher with the highest Board seniority shall be
given the opportunity in question. Any opportunity under this provision
shall be extended to such teacher(s) before it is made available to surplus
teachers under Article 30. If the opportunity to return to the teacher’s
original school is accepted, the determination as to whether a vacancy has
been created by that teacher’s transfer for the purpose of Article 30 shall
rest with the Director or designate.
The Board will not move more than five (5) teachers as part of this surplus procedure in
any one year.
ARTICLE 30 – REDUNDANCY AND RECALL
30.01 It is the intent of the surplus and redundancy procedures to declare redundant
the teachers with the least seniority provided that in all cases the teachers
remaining in the system are qualified and capable of teaching the subjects of the
program.
30.02 Surplus Pool
a) When a teacher who has completed the required probationary period is
declared surplus and eligible for transfer, and no other position for which the
teacher is qualified is available in the elementary panel, the teacher will be
assigned to a surplus pool, if a position in such pool is available in
accordance with Article 30.02 (c), for a period of one (1) school year.
b) When a teacher who has not completed the required probationary period is
declared surplus and eligible for transfer, and no other position for which the
teacher is qualified is available in the elementary panel, the teacher will be
declared redundant and the employment of the teacher will be terminated at
the end of the present school year in accordance with Article 30.02 (e).
c) The maximum number of teachers to be carried in the surplus pool shall not
exceed five (5) FTE. Teachers in excess of five (5) FTE, who have
completed their probationary period, will be declared redundant and have
their employment terminated at the end of the present school year in
accordance with Article 30.02 (e). If no position for which the teacher(s) in
the surplus pool is qualified becomes available within the one (1) school year
identified above in Article 30.02 (a), the teacher(s) will be declared redundant
and the employment of the teacher(s) will be terminated at the end of that
school year in accordance with Article 30.02 (e).
d) If a vacancy occurs for a regular teaching position, the teacher with the
greatest seniority who has been assigned to the surplus pool shall be
assigned to fill such vacant position provided that the teacher is qualified to fill
the position. The resulting vacant position in the surplus pool shall be filled
for the remainder of the school year by the most senior teacher on the recall
list who had completed the probationary period at the time of placement on
the recall list. Where no teacher on the recall list had completed the
probationary period at the time of placement on the recall list, no teacher will
move to the surplus pool.
e) By May 31, all teachers whose employment is to be terminated at the end of
the school year will be notified in writing by the Director or designate and this
notification will clearly state that the termination is for reasons of redundancy.
A list of names of teachers so affected shall be given to the Union Local
President at the same time it is furnished to the trustees.
A teacher in the surplus pool will receive all salary, benefits, experience and
seniority as if they were assigned a regular teaching position. Teachers in the
surplus pool will be assigned work by the Director or designate. The teachers
shall be included in their former school’s complement for the purpose of staff
allocation in accordance with Article 29.01 (a)
30.03 Recall
a) Where the teacher’s employment is terminated as a result of the surplus and
redundancy process, the teacher’s name will be added to the recall list.
b) A teacher whose employment has been terminated or whose assignment has
been reduced due to the application of the surplus and redundancy
procedures shall have the right of recall, in order of seniority, to positions for
which the teacher is qualified for five years if the teacher has completed the
probationary period and for two years if the teacher has not completed the
probationary period. The teachers shall be included in the teacher’s former
school’s complement for the purpose of staff allocation in accordance with
Article 29.01 each year.
c) Teachers must notify the Board and the Union Local President, in writing, no
later than March 1 of each year that they wish to remain on the recall list.
Failure on the part of the teacher to take this action will relieve the Board from
any further obligation to recall the teacher.
d) Teachers on the recall list shall be responsible for informing the Board of any
new areas of qualification and of any change of address.
e) The Board shall notify teachers being recalled in writing by registered mail
and such teachers shall notify the Board of acceptance no later than 14 days
after receipt of recall notice. Failure on the part of the teacher to take this
action will relieve the Board from any further obligation to recall the teacher.
A teacher, unable to notify the Board of acceptance within 14 days due to
injury, illness or other reason deemed acceptable by the Director or designate
shall not lose further recall rights.
ARTICLE 31 – PART TIME ASSIGNMENTS
31.01 A part-time teacher is one whose full-time equivalent status is less than 1.0. A
part-time teacher shall be subject to the Articles of this Collective Agreement.
31.02 A part-time teacher shall receive salary and allowance pro-rated according to the
part-time teacher’s full-time equivalent status.
31.03 Both instructional and non-instructional time for the part-time teacher shall be
pro-rated by means of the ratio of the assigned time of the part-time teacher to
the assigned time of a full-time teacher.
31.04 A part-time teacher whose status is half-time or greater shall be eligible for all
benefits with premiums paid as set out in Article 18. A part-time teacher whose
status is less than half-time shall be eligible for all of the benefit plans set out in
Article 18 with the Board paying one-half of the cost of benefit premiums.
31.05 All sick leave credit, accumulation and deductions under this plan shall be pro
rated accordingly for part-time employees.
31.06 Recognition of teaching experience will occur in accordance with Article 10.06.
31.07 Full seniority shall be accumulated without regard as to whether employment is
full-time or part-time.
31.08 Part-time teachers who have requested an increase in employment status shall
be considered for available vacancies prior to external hiring.
ARTICLE 32 – PROFESSIONAL DEVELOPMENT PLAN
32.01 Purpose
This Plan is to improve the quality of the program offered to the students of the
Board. Areas which are to be funded will clearly be in the interest of education in
general and education in the Board in particular. Funds will be made available
to:
a) assist with the professional development of teachers
b) improve the quality of instruction
c) develop and improve program and curriculum available in individual
schools
32.02 District Professional Development (PD) Committee
a) The Professional Development Plan shall be administered by a District PD
Committee composed of:
Two (2) representatives appointed by the Union Local,
Two (2) representatives appointed by the Board Administration.
b) The District PD Committee shall:
I. establish the general guidelines for the use of PD funds; and
ii. determine allocations of PD funds to schools on an FTE basis.
c) The general guidelines established by the District PD Committee will include
and will support the following:
I. curriculum and program development projects,
ii. workshops, conventions, up-dating courses, etc.,
iii. professional activity day(s).
32.03 Union Local Professional Development (PD) Committee
a) The Union Local PD Committee will meet as necessary to administer the
school based PD funds.
b) The Union Local PD Committee shall be set up by September 15 of each year
and shall distribute the general guidelines as established by the Joint PD
Committee by September 30.
c) The Union Local PD Committee shall, at its initial meeting each school year,
establish budget allocations for each school and shall notify all schools of
such allocations not later than September 30 of that school year.
d) The Union Local PD Committee shall report to the Joint PD on an annual
basis or as required by the Joint PD Committee.
32.04 In-School Professional Development (PD) Committee
a) An In-School PD Committee shall be established in each school, which shall
utilize the general guidelines to administer the in-school PD fund allocation.
The In-School PD Committee shall report to the Union Local PD Committee
as determined by the Union Local. The Principal will enclose their
recommendation with all applications for use of PD funds where a teacher’s
absence from the school is involved.
b) The In-School Local PD Committee shall reimburse the Board for the salary
paid to occasional teachers hired to replace a teacher on approved PD leave.
32.05 Funds
a) By October 15 of each year, the Board shall fund the Professional
Development Plan on the basis of $195 per full-time equivalent (hereinafter
known as FTE) teacher in place as of September 30. The Board shall issue a
cheque to the Union Local in this amount to be used solely for the purpose of
funding professional development in accordance with the general guidelines.
b) The Union Local will allocate the PD funds to the schools on a FTE basis.
ARTICLE 33 – GRIEVANCE AND ARBITRATION PROCEDURE
33.01 Definitions and Purpose of Grievance
a. The purpose of this article is to establish a procedure for the settlement of any
dispute involving the application, administration, interpretation or alleged
violation of this Collective Agreement or of an existing practice of the Board.
The contravention of practices of the predecessor boards will not form the
basis of any grievance.
b. A ‘party’ to the grievance shall be defined as the Union Local or the Board.
The ‘complainant’ shall be the teacher.
c. ‘Days’ shall mean scheduled work days in the applicable school year calendar
unless otherwise indicated.
33.02 General
a. If the complainant fails to complete the complaint procedure within the total
number of school days outlined in 33.03, the complaint shall be deemed to be
abandoned.
b. If the griever fails to act within the time limits in school days set out at any
step of the grievance procedure, the grievance shall be deemed to be
abandoned.
c. If an official fails to reply to either a complaint or grievance within the time limit
set out at any stage, the complainant or the griever will submit the complaint
or grievance to the next step outlined in the procedure.
d. At any stage of the complaint or grievance procedure, the time limits imposed
upon either party may be extended by written mutual consent. In addition,
one or more steps in the grievance procedure in regards to the processing of
a particular grievance may be omitted by written mutual consent of the
parties.
e. At any step of the grievance procedure, the parties may be represented by a
Union representative, advisor, agent, counsel or solicitor.
f. No action of any kind shall be taken against any person because of
participation in the grievance and/or arbitration procedures under this
Collective Agreement.
33.03 Complaint Procedure
A teacher or a group of teachers, with the concurrence of the Union Local, may
initiate a complaint with the teacher’s immediate supervisor (the Principal in the
case of all in-school teachers). The teacher shall indicate that the complaint is in
accordance with Article 33 to proceed. Such complaint shall be brought to the
attention of the immediate supervisor within ten (10) school days of the teacher’s
awareness of the occurrence of the circumstances giving rise to the complaint.
Failing settlement within five (5) school days of the time when the complaint is
first discussed with the immediate supervisor, the complaint may be taken up
within a further five (5) school days as a grievance in the manner and sequence
described in Article 33.
33.04 Policy Grievance
Either Party shall have the right to file a grievance based on a dispute arising out
of the application, administration, interpretation, or alleged violation of this
collective agreement. A policy grievance shall be presented at Step 1 to the
Superintendent of Education (Human Resource Services).
A grievance shall contain those items listed in Article 33.03.
Grievance Procedure
A grievance shall contain:
a. the name(s) of the teacher(s) involved,
b. a brief description of the alleged violation, including any facts to support
the grievance; and
c. the clauses or any other language alleged to be violated; and
d. the relief or remedy sought.
Step One
Failing settlement under the complaint procedure, the Union Local may, within
the time limits prescribed in Article 33.03, refer the grievance in writing to the
Superintendent of Education (Human Resource Services) or designate who shall
answer the grievance in writing within ten (10) school days after receipt of the
grievance.
Step Two
Failing settlement at Step One, the Union Local may, within ten (10) school days
of the response of the Superintendent of Education (Human Resource Services)
or designate, refer the grievance in writing to the Director of Education or
designate who shall answer the grievance in writing within ten (10) school days.
Step Three
Failing settlement at Step Two, the Union Local may, within ten (10) school days
of the response of the Director of Education or designate, refer the grievance to
arbitration in the manner and sequence prescribed under Article 33.07. If, within
ten (10) school days of the delivery of the reply of the Director or designate under
Step Two, the Union does not give written notice of proceeding to arbitration then
the grievance shall be deemed abandoned.
Grievance Hearing
A meeting between the Parties for the purpose of attempting to resolve a
grievance shall be called at the request of either party as a part of Step 1 or Step
2. This meeting shall take place within ten (10) school days following the request
and shall delay the reply required by the period of time between the request for
the meeting and the date of the meeting.
33.05 Grievance by Union Local
The Union Local shall have the right to file a written grievance on behalf of an
individual teacher, a group of teachers, a retired teacher or a deceased teacher
commencing at Step One as described in Article 33.03.
A grievance shall contain those items listed in Article 33.03.
33.06 Grievance by Board
Step One
The Board shall have the right to file a written grievance with the President of the
Union Local within ten (10) school days of the occurrence of the circumstances
giving rise to the grievance. The President of the Union Local shall respond
within ten (10) days.
Step Two
Failing settlement at Step One, the Board may, within ten (10) school days, refer
the grievance to arbitration in the manner and sequence prescribed under Article
33.07. If, within ten (10) days of the delivery of the reply of the President of the
Union Local under Step One, the Board does not give written notice of
proceeding to arbitration then the grievance shall be deemed abandoned.
33.07 Grievance Mediation
Nothing in this Article precludes the parties from mutually agreeing to grievance
mediation during any stage of the grievance procedure. The agreement shall be
made in writing and shall stipulate the name of the person and the timeline for
grievance mediation to occur.
33.08 Arbitration of Grievance
Where a difference has arisen between the parties, either of the parties may,
after exhausting the grievance procedure established above, notify the other
party in writing of its desire to submit the difference or allegation to arbitration
and the notice shall contain the name of the first party’s appointee as a single
arbitrator or appointee to an arbitration board. The recipient of the notice shall,
within ten (10) school days, inform the other party of acceptance of the single
arbitrator or provide the name of its appointee to the arbitration board. Where
two appointees are so selected they shall, within ten (10) school 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 the time limit, the appointment
shall be made by the Minister of Labour for Ontario upon the request of either
party.
The single arbitrator or the arbitration board, as the case may be, shall hear and
determine the difference or allegation and shall issue a decision, and the
decision is final and binding upon the parties and upon any employee or
employer affected by it. The decision of the majority is the decision of the
arbitration board, but, if there is no majority, the decision of the chair governs.
The arbitrator or arbitration board shall not make any decision which is
inconsistent with the provisions of this Collective Agreement, nor which serves to
add to, delete from, modify or otherwise amend the provisions of this Collective
Agreement.
All costs of the chairperson of the arbitration board shall be shared equally by the
parties. Each party shall bear the costs of its own appointee to an arbitration
board and of its own witnesses.
ARTICLE 34 – TEACHER-IN-CHARGE
34.01 A Teacher-In-Charge shall be appointed in each Elementary School. The criteria
for a job description and qualifications, along with the procedures for appointment
will be determined by the Board.
34.02 The allowance for time spent as Teacher-In-Charge shall be $40.07, per day,
prorated as may be necessary. Payment will only be approved in cases where
the teacher was required to act as Teacher-In-Charge for at least one-half of the
school day.
34.03 While a teacher is performing the duties of a Teacher-In-Charge, an occasional
teacher may be secured to perform the responsibilities of that teacher.
34.04 A teacher acting as Teacher-In-Charge shall not be required to discipline or
evaluate other teachers.
ARTICLE 35 – ACTING PRINCIPAL/VICE-PRINCIPAL
35.01 An Acting Principal and/or Vice-Principal position may be created when a
Principal or Vice-Principal is on temporary leave of absence for a period that is
more than one week but not more than one school year. A teacher may be
temporarily appointed as a Replacement Principal or Vice-Principal.
35.02. A teacher may be temporarily appointed as an Acting Principal or Acting Vice
Principal for a period that is more than one week, but not more than one school
year.
35.03 For the duration of a teacher’s appointment to an Acting Principal or Vice
Principal position the terms and conditions of employment for Principals and
Vice-Principals shall apply to the teacher as well as the terms of this Agreement
including but not limited to Articles 5 and 18 but excluding Articles 10, 12 and 32.
In particular:
a. the teacher shall continue to be enrolled in the benefit plans applicable as
a teacher;
b. the teacher shall continue to accrue seniority as a teacher; and
c. the teacher shall pay union dues on the salary received.
The Board will provide the Union Local with a complete list of all qualified
principals and vice-principals on October 20 and March 31 of each year.
35.04 Upon the conclusion of the Acting appointment as described in Article 35.01, or
the Acting appointment as described in Article 35.02, the teacher will have the right
to be returned to the teacher’s former school subject to the procedures in Articles
29 and 30.
35.05 Only qualified Vice-Principals and Principals who are not Union Local members
shall evaluate members of the Union Local. Those Vice-Principals currently in Acting appointments and covered by the Elementary Teacher Agreement 1998-2000 at the time of ratification of the 2000 – 2001 Agreement will have the terms and conditions grand-parented.
To view the Appendices A-H, click on Collective Agreement, and scroll down to page 85.