Collective Agreement Between SIMCOE MUSKOKA CATHOLIC ... and Related... · Collective Agreement Between SIMCOE MUSKOKA CATHOLIC DISTRICT SCHOOL BOARD (hereinafter called “The Board”)

Collective Agreement

Between

SIMCOE MUSKOKA CATHOLIC DISTRICT SCHOOL BOARD

(hereinafter called “The Board”)

and

ONTARIO SECONDARY SCHOOL TEACHERS’ FEDERATION (OSSTF/FEESO)

EDUCATION WOKERS

(hereinafter called “O.S.S.T.F.”)

Representing

THE MAINTENANCE EMPLOYEES

of

O.S.S.T.F. DISTRICT 17, SIMCOE

(hereinafter called the “Bargaining Unit”)

September 1, 2014

to

August 31, 2017

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TABLE OF CONTENTS – PART A

CENTRAL TERMS

C1.0 STRUCTURE AND CONTENT OF COLLECTIVE AGREEMENT (ALL JOB CLASSIFICATIONS) 5

C1.1 Separate Central and Local terms 5

C1.2 Implementation 5

C1.3 Parties 5

C1.4 Single Collective Agreement 5

C2.0 LENGTH OF TERM/NOTICE TO BARGAIN/RENEWAL (ALL JOB CLASSIFICATIONS) 5

C2.1 Term of Agreement 5

C2.2 Amendment of Terms 5

C2.3 Notice to Bargain 5

C3.0 DEFINITIONS 5-6

C4.0 CENTRAL LABOUR RELATIONS COMMITTEE 6-7

C5.0 CENTRAL GRIEVANCE PROCESS 7

C5.1 Definitions 7

C5.2 Central Dispute Resolution Committee 7-8

C5.3 Language of Process 8

C5.4 Grievance Shall Include 8

C5.5 Referral to the Committee 8

C5.6 Voluntary Mediation 8-9

C5.7 Selection of the Arbitrator 9

C6.0 EXTENDED MANDATORY ENROLLMENT IN OMERS (for employees not currently enrolled) 9

C7.0 SPECIALIZED JOB CLASSES 9

C8.0 WORK YEAR 9

C9.0 VESTED RETIREMENT GRATUITY VOLUNTARY EARLY PAYOUT 9-10

C10.0 BENEFITS 10

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C10.1 Funding 10

C10.2 Cost Sharing 10

C10.3 Payment in Lieu of Benefits 10

C11.0 STATUTORY LEAVES OF ABSENCE/SEB 10

C11.1 Family Medical Leave or Critically Ill Child Care Leave 10-11

Supplemental Employment Benefits (SEB) 11

C12.0 SICK LEAVE 11-14

C12.1 Sick Leave/Short Term Leave and Disability Plan 12

a) Sick Leave Benefit Plan 12

b) Sick Leave Days 12

c) Short-Term Leave and Disability Plan (STLDP) 12

d) Eligibility and Allocation 12-13

e) Short-Term Leave and Disability Plan Top-up 13

f) Sick Leave and STLDP Eligibility and Allocation for Employees in a Term Assignment 13-14

g) Administration 14

h) Pension Contributions While on Short Term Disability 14

C13.0 MINISTRY INITIATIVES 14

APPENDIX A – RETIREMENT GRATUITIES 15

A. Sick Leave Credit-Based Retirement Gratuities (where applicable) 15

B. Other Retirement Gratuities 15

APPENDIX B – ABILITIES FORM 16-17

LETTER OF AGREEMENT #1 18

RE: Sick Leave 18

LETTER OF AGREEMENT #2 19-25

RE: Benefits 19-25


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RE: Regulated Support Staff Compensation Sub-Committee 26


RE: Job Security 27-28


RE: Early Childhood Educators Work Group 29


Re: Provincial Health and Safety Working Group 30


RE: Scheduled Unpaid Leave Plan 31-32


RE: Status Quo Central Items 33


RE: Status Quo Central Items as Modified by this Agreement 34-36


RE: Long Term Disability (LTD) Plan Working Group 37


Re: Additional Professional Activity (PA) Day 38


RE: Children’s Mental Health, Special Needs and Other Initiatives 39


RE: Violence Prevention Training 40

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C1.0 STRUCTURE AND CONTENT OF COLLECTIVE AGREEMENT (ALL JOB CLASSIFICATIONS)

C1.1 Separate Central and Local terms

a) The collective agreement shall consist of 2 (two) parts: Central Terms and Local Terms.

C1.2 Implementation

a) Central Terms may include provisions respecting the implementation of central terms by the school board and, where applicable, the bargaining agent. Any such provision shall be binding on the school board and, where applicable, the bargaining agent.

C1.3 Parties

a) The parties to the collective agreement are the school board and the bargaining agent. b) Central collective bargaining shall be conducted by the central employer and employee bargaining

agencies representing the local parties.

C1.4 Single Collective Agreement

a) Central terms and local terms shall together constitute a single collective agreement.

C2.0 LENGTH OF TERM/NOTICE TO BARGAIN/RENEWAL (ALL JOB CLASSIFICATIONS)

C2.1 Term of Agreement

a) The term of this collective agreement, including central terms and local terms, shall be for a period of three (3) years from September 1, 2014 to August 31, 2017, inclusive.

C2.2 Amendment of Terms

a) In accordance with the School Boards Collective Bargaining Act, the central terms of this agreement, excepting term, may be amended at any time during the life of the agreement upon mutual consent of the central parties and agreement of the Crown.

C2.3 Notice to Bargain

a) Where central bargaining is required under the School Boards Collective Bargaining Act, notice to bargain centrally shall be in accordance with the School Boards Collective Bargaining Act, and Labour Relations Act. For greater clarity:

b) Notice to commence bargaining shall be given by a central party: i. within 90 (ninety) days of the expiry of the collective agreement; or ii. within such greater period agreed upon by the parties; or iii. within any greater period set by regulation by the Minister of Education.

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

d) Where no central table is designated, notice to bargain shall be consistent with section 59 of the

Labour Relations Act, 1995. C3.0 DEFINITIONS

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

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C3.2 The “Central Parties” shall be defined as the employer bargaining agency, the Council of Trustees’ Association (CTA/CAE) and the Ontario Secondary School Teachers’ Federation (OSSTF/FEESO). The Council of Trustees' Associations (CTA/CAE) refers to the designated employer bargaining agency pursuant to subsection 21 (6) of the Act for central bargaining with respect to employees in the bargaining units for which OSSTF/FEESO is the designated employee bargaining agency. The CTA/CAE is composed of: ACÉPO refers to the Association des conseils scolaires des écoles publiques de l'Ontario as the designated bargaining agency for every French-language public district school board. AFOCSC refers to the Association franco-ontarienne des conseils scolaires Catholiques as the designated bargaining agency for every French-language Catholic district school board. OCSTA refers to Ontario Catholic School Trustees' Association as the designated bargaining agency for every English-language Catholic district school board. OPSBA refers to the Ontario Public School Boards' Association as the designated bargaining agency for every English-language public district school board, including isolate boards. C3.3 “Employee” shall be defined as per the Employment Standards Act. C3.4 “Casual Employee” means,

i. a casual employee within the meaning of the local collective agreement, ii. if clause (i) does not apply, an employee who is a casual employee as agreed upon by the board

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

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

i. a term assignment within the meaning of the local collective agreement, or ii. where no such definition exists, a term assignment will be defined as twelve (12) days of

continuous employment in one assignment C4.0 CENTRAL LABOUR RELATIONS COMMITTEE

C4.1 The CTA and OSSTF/FEESO agree to establish a joint Central Labour Relations Committee to promote and facilitate communication between rounds of bargaining on issues of joint interest. C4.2 The parties to the Committee shall meet within sixty days of the completion of the current round of negotiations to agree on Terms of Reference for the Committee. C4.3 The Committee shall meet as agreed but a minimum of three times in each school year. C4.4 The parties to the Committee agree that any discussion at the Committee will be on a without prejudice and without precedent basis, unless agreed otherwise. C4.5 The committee shall include four (4) representatives from OSSTF/FEESO and four (4) representatives from the CTA. The parties agree that the Crown may attend meetings. C4.6 OSSTF/FEESO and CTA representatives will each select one co-chair.

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C4.7 Additional representatives may attend as required by each party. C5.0 CENTRAL GRIEVANCE PROCESS

The following process pertains exclusively to grievances on central matters that have been referred to the central process. In accordance with the School Boards Collective Bargaining Act central matters may also be grieved locally, in which case local grievance processes will apply. C5.1 Definitions

i. A "grievance" shall be defined as any difference relating to the interpretation, application, administration, or alleged violation or arbitrability of an item concerning any central term of a collective agreement.

ii. The "Central Parties" shall be defined as the employer bargaining agency, comprised of: the

Ontario Public School Boards' Association (OPSBA), I'Association des conseils scolaires des écoles publiques de Ontario (ACÉPO), I'Association franco-ontarienne des conseils scolaires catholiques (AFOCSC), Ontario Catholic School Trustees' Association (OCSTA), hereinafter the Council of Trustees' Associations (the "Council"), and the Ontario Secondary School Teachers' Federation, OSSTF/FEESO.

iii. The "Local Parties" shall be defined as the Board or the local OSSTF/ FEESO bargaining unit party

to a collective agreement.

iv. "Days" shall mean regular school days. C5.2 Central Dispute Resolution Committee

i. There shall be established a Central Dispute Resolution Committee (the "Committee"), which shall be composed of up to four (4) representatives of the employer bargaining agency, up to four (4) representatives of OSSTF/FEESO and up to three (3) representatives of the Crown.

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

iii. The central parties shall each have the following rights:

a. To file a dispute as a grievance with the Committee. b. To engage in settlement discussions, and to mutually settle a grievance with the consent of the

Crown. c. To withdraw a grievance. d. To mutually agree to refer a grievance to the local grievance procedure. e. To mutually agree to voluntary mediation. f. To refer a grievance to final and binding arbitration at any time.

iv. The Crown shall have the following rights:

a. To give or withhold approval to any proposed settlement between the central parties. b. To participate in voluntary mediation. c. To intervene in any matter referred to arbitration.

v. Only a central party may file a grievance and refer it to the Committee for discussion and review. No

grievance can be referred to arbitration without three (3) days prior notice to the Committee.

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

vii. Each of the central parties and the Crown shall be responsible for their own costs for the central

dispute resolution process.

C5.3 Language of Process

Where a dispute arises uniquely under a collective agreement in the French language, the documentation shall be provided, and the proceedings conducted in French. Interpretative and translation services shall be provided accordingly to ensure that non-francophone participants are able to participate effectively. Where such a dispute is filed :

i) The decision of the committee shall be available in both French and English.

ii) Mediation and arbitration shall be conducted in the French language with interpretative and translation services provided accordingly.

C5.4 Grievance Shall Include

i) Any central provision of the collective agreement alleged to have been violated.

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

iii) A detailed statement of any relevant facts.

iv) The remedy requested.

C5.5 Referral to the Committee

i) Prior to referral to the Committee, the matter must be brought to the attention of the other local party.

ii) A central party shall refer the grievance forthwith to the Committee by written notice to the other central party, with a copy to the Crown, but in no case later than 40 days after becoming aware of the dispute.

iii) The Committee shall complete its review within 20 days of the grievance being filed.

iv) If the grievance is not settled, withdrawn, or referred to the local grievance procedure by the Committee, the central party who has filed the grievance may, within a further 10 days, refer the grievance to arbitration.

v) All timelines may be extended by mutual consent of the parties. C5.6 Voluntary Mediation

i) The central parties may, on mutual agreement, request the assistance of a mediator.

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

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

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C5.7 Selection of the Arbitrator

i) Arbitration shall be by a single arbitrator.

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

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

iv) Where the central parties are unable to agree upon an arbitrator within 10 days of referral to arbitration, either central party may request that the Minister of Labour appoint an arbitrator.

v) The remuneration and expenses of the arbitrator shall be shared equally between the central parties.

C6.0 EXTENDED MANDATORY ENROLLMENT IN OMERS (for employees not currently enrolled)

Commencing September 1, 2016 for employees hired on or after this date, all school boards will ensure that mandatory OMERS enrollment is extended to employees that meet the following three (3) criteria:

• fills a continuing full-time position with the employer;

• regularly works the employer’s normal full-time work-week, defined as no less than thirty-two (32) hours per week; and

• regularly work at least ten (10) months of the year (including paid vacation). Notwithstanding the above, employees hired prior to September 1, 2016 who meet the above three (3) criteria will be offered the opportunity to enroll in OMERS, commencing September 1, 2016. C7.0 SPECIALIZED JOB CLASSES

Where there is a particular specialized job class in which the pay rate is below the local market value assessment of that job class, the parties may use existing means under the collective agreement to adjust compensation for that job class. C8.0 WORK YEAR

The fulltime work year for all employees’ employed in EA and ECE job classes shall be a minimum of 194 work days to correspond with the school year calendar. C9.0 VESTED RETIREMENT GRATUITY VOLUNTARY EARLY PAYOUT

a) An Employee eligible for a Sick Leave Credit retirement gratuity as per Appendix A shall have the

option of receiving a payout of his/her gratuity on August 31, 2016, or on the employee’s normal retirement date.

b) The employee must declare his/her intention to receive the earlier gratuity payout by June 30, 2016.

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Pursuant to b) above, the following will apply: c) The earlier payout shall be equivalent to the present discounted value of the payout as per

Appendix A. The present value shall be based on a discount rate of 7.87% and on the average retirement age of 61 less the employee’s age as at June 30, 2016.

d) If an Employee is 61 years of age or older as at June 30, 2016, the retirement gratuity payout will be discounted by 2% if they chose the early gratuity payout.

C10.0 BENEFITS

Parties have agreed to participate in a Provincial Benefit Trust, set out in the appended Letter of

Agreement #2, subject to the due diligence process contained therein. The date on which a Board commences participation in the Trust shall be referred to herein as the “Participation Date”.

The Boards will continue to provide benefits in accordance with the existing benefit plans and terms of

collective agreements in effect as of August 31, 2014 until the Employees’ Participation Date in the Trust.

Post Participation Date, the following shall apply: C10.1 Funding

The funding per full-time equivalent employee will be calculated as per the appended Letter of Agreement. C10.2 Cost Sharing

a) With respect to the funding in C10.1 a), should there be an amount of employee co-pay, the Trust shall advise boards what that amount shall be. Unless advised otherwise, there will be no deductions upon the Participation Date.

b) Any further cost sharing or funding arrangements as per previous local collective agreements in

effect as of August 31, 2014 remain status quo. C10.3 Payment in Lieu of Benefit

a) All employees not transferred to the Trust who received pay in lieu of benefits under a collective agreement in effect as of August 31, 2014, shall continue to receive the same benefit.

C10.4 Any other benefits not described above remain in effect in accordance with terms of collective agreements as of August 31, 2014. C11.0 STATUTORY LEAVES OF ABSENCE/SEB

C11.1 Family Medical Leave or Critically Ill Child Care Leave

a) Family Medical Leave or Critically Ill Child Care leaves granted to an employee under this Article shall be in accordance with the provisions of the Employment Standards Act, as amended.

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b) The employee will provide to the employer such evidence as necessary to prove entitlement under the ESA. c) An employee contemplating taking such leave(s) shall notify the employer of the intended date the leave is to begin and the anticipated date of return to active employment. d) Seniority and experience continue to accrue during such leave(s). e) Where an employee is on such leave(s), the Employer shall continue to pay its share of the benefit premiums, where applicable. To maintain participation and coverage under the Collective Agreement, the employee must agree to provide for payment for the employee’s share of the benefit premiums, where applicable. f) In order to receive pay for such leaves, an employee must access Employment Insurance and the Supplemental Employment Benefit (SEB) in accordance with g) to j), if allowable by legislation. An employee who is eligible for E.I. is not entitled to benefits under a school board’s sick leave and short term disability plan. Supplemental Employment Benefits (SEB)

g) The Employer shall provide for permanent employees who access such Leaves, a SEB plan to top up their E.I. Benefits. The permanent employee who is eligible for such leave shall receive 100% salary for a period not to exceed eight (8) weeks provided the period falls within the work year and during a period for which the permanent employee would normally be paid. The SEB Plan pay will be the difference between the gross amount the employee receives from E.I. and their regular gross pay. h) Employees completing a term assignment shall also be eligible for the SEB plan with the length of the benefit limited by the term of the assignment. i) SEB payments are available only to supplement E.I. benefits during the absence period as specified in this plan. j) The employee must provide the Board with proof that he/she has applied for and is in receipt of employment insurance benefits in accordance with the Employment Insurance Act, as amended, before SEB is payable. C12.0 SICK LEAVE

C12.1 Sick Leave/Short Term Leave and Disability Plan

a) Sick Leave Benefit Plan The Sick Leave Benefit Plan will provide sick leave days and short term disability days for reasons of personal illness, personal injury, including personal medical appointments and personal dental appointments. Casual employees are not entitled to benefits under this article.

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b) Sick Leave Days Subject to paragraphs C12.1 d) i-vi below, full-time Employees will be allocated eleven (11) sick days at one hundred percent (100%) salary in each school year. Employees who are less than full-time shall have their sick leave allocation pro-rated. c) Short-Term Leave and Disability Plan (STLDP) Subject to paragraphs C12.1 d) i-vi below, full-time Employees will be allocated one hundred and twenty (120) short-term disability days in September of each school year. Employees who are less than full-time shall have their STLDP allocation pro-rated. Employees eligible to access STLDP shall receive payment equivalent to ninety percent (90%) of regular salary. d) Eligibility and Allocation The allocations outlined in paragraphs C12.1 b) and c) above, will be provided on the first day of each school year, subject to the restrictions outlined in C12.1 d) i-vi below. i. An employee is eligible for the full allocation of sick leave and STLDP regardless of start date of employment or return to work from any leave other than sick leave, WSIB or LTD. ii. All allocations of sick leave and STLDP shall be pro-rated based on FTE at the start of the school year. Any changes in FTE during a school year shall result in an adjustment to allocations. iii. Where an employee is accessing sick leave, STLDP, WSIB or LTD in a school year and the absence due to the same illness or injury continues into the following school year, the employee will continue to access any unused sick leave days or STLDP days from the previous school year’s allocation. Access to the new allocation provided as per paragraphs C12.1(b) and (c) for a recurrence of the same illness or injury will not be provided to the employee until the employee has completed eleven (11) consecutive working days at his/her full FTE without absence due to illness. iv. Where an employee is accessing STLDP, WSIB, or LTD in the current school year as a result of an absence due to the same illness or injury that continued from the previous school year and has returned to work at less than his/her FTE, the employee will continue to access any unused sick leave days or STLDP days from the previous school year’s allocation. In the event the employee exhausts their STLDP allotment and continues to work part-time their salary will be reduced accordingly and a new prorated sick leave and STLDP allocation will be provided. Any absences during the working portion of the day will not result in a loss of salary or further reduction in the previous year’s sick leave allocation, but will instead be deducted from the new allocation once provided. v. A partial sick leave day or short-term disability day will be deducted for an absence for a partial day.

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e) Short-Term Leave and Disability Plan Top-up i. Employees accessing STLDP will have access to any unused Sick Leave Days from their last year worked for the purpose of topping up salary to one hundred percent (100%) under the STLDP. ii. This top-up is calculated as follows: Eleven (11) days less the number of sick leave days used in the most recent year worked. iii. Each top-up from 90% to 100% requires the corresponding fraction of a day available for top-up. iv. In addition to the top-up bank, top-up for compassionate reasons may be considered at the discretion of the board on a case by case basis. The top-up will not exceed two (2) days and is dependent on having two (2) unused Short Term Paid Leave Days in the current year. These days can be used to top-up salary under the STLDP.

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

f) Sick Leave and STLDP Eligibility and Allocation for Employees in a Term Assignment Notwithstanding the parameters outlined above, the following shall apply to an employee in a term assignment: i. Employees in term assignments of less than a full year, and/or less than full- time, shall have their allocation of sick leave and STLDP prorated on the basis of the number of their working days compared to the full working year for their classification. The length of the sick leave shall be limited to the length of the assignment. ii. Where the length of the term assignment is not known in advance, a projected length must be determined at the start of the assignment in order for the appropriate allocation of sick leave/STLDP to occur. If a change is made to the length of the term or the FTE, an adjustment will be made to the allocation and applied retroactively. iii. An employee who works more than one term assignment in the same school year may carry forward Sick leave and STLDP from one term assignment to the next, provided the assignments occur in the same school year. g) Administration i. The Board may require medical confirmation of illness or injury to substantiate access to sick leave or STLDP. Medical confirmation may be required to be provided by the Employee to access sick leave or STLDP. ii. The Board may require information to assess whether an employee is able to return to work and perform the essential duties of his/her position. Where this

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is required, such information shall include his/her limitations, restrictions and disability related needs to assess workplace accommodation as necessary (omitting a diagnosis) and will be collected using the form as per Appendix B. An alternate form may be used where one is mutually developed and agreed upon at the local level. iii. If the employee’s medical practitioner has indicated on the form referenced in (ii) above that the employee is totally disabled from work, the Board will not inquire further with respect to the employee’s abilities and/or restrictions until the next review of the employee’s abilities and/or restrictions in accordance with the review date indicated on the form, subject to the Board’s ability to seek medical reassessment after a reasonable period of time. iv. At no time shall the employer or any of its agents contact the medical practitioner directly. v. A board decision to deny access to benefits under sick leave or STLDP will be made on a case-by-case basis and not based solely on a denial of LTD. vi. The employer shall be responsible for any costs related to independent third party medical assessments required by the employer. h) Pension Contributions While on Short Term Disability Contributions for OMERS Plan Members: When an employee/plan member is on short-term sick leave and receiving less than 100% of regular salary, the Board will continue to deduct and remit OMERS contributions based on 100% of the employee/plan member’s regular pay. Contributions for OTPP Plan Members: i. When an employee/plan member is on short term sick leave and receiving less than 100% of regular salary, the Board will continue to deduct and remit OTPP contributions based on 100% of the employee/plan member’s regular pay. ii. If the plan employee/plan member exceeds the maximum allowable paid sick leave before qualifying for Long Term Disability (LTD)/Long Term Income Protection (LTIP), pension contributions will cease. The employee/plan member is entitled to complete a purchase of credited service, subject to existing plan provisions for periods of absence due to illness between contributions ceasing under a paid short term sick leave provision and qualification for Long Term Disability (LTD)/Long Term Income Protection (LTIP) when employee contributions are waived. If an employee/plan member is not approved for LTD/LTIP, such absence shall be subject to existing plan provisions. C13.0 MINISTRY INITIATIVES

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

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APPENDIX A – RETIREMENT GRATUITIES

A. Sick Leave Credit-Based Retirement Gratuities (where applicable) 1. An Employee is not eligible to receive a sick leave credit gratuity after August 31, 2012, except a sick leave credit gratuity that the Employee had accumulated and was eligible to receive as of that day. 2. If the Employee is eligible to receive a sick leave credit gratuity, upon the Employee’s retirement, the gratuity shall be paid out at the lesser of, (a) the rate of pay specified by the board’s system of sick leave credit gratuities that applied to the Employee on August 31, 2012; and (b) the Employee’s salary as of August 31, 2012. 3. If a sick leave credit gratuity is payable upon the death of an Employee, the gratuity shall be paid out in accordance with subsection (2). 4. For greater clarity, all eligibility requirements must have been met as of August 31, 2012 to be eligible for the aforementioned payment upon retirement, and the Employer and Union agree that any and all wind-up payments to which Employees without the necessary years of service were entitled to under Ontario Regulation 01/13: Sick Leave Credits and Sick Leave Credit Gratuities, have been paid. 5. For the purposes of the following board, despite anything in the board’s system of sick leave credit gratuities, it is a condition of eligibility to receive a sick leave credit gratuity that the Employee have ten (10) years of service with the board: i. Near North District School Board ii. Avon Maitland District School Board iii. Hamilton-Wentworth District School Board iv. Huron Perth Catholic District School Board v. Peterborough Victoria Northumberland and Clarington Catholic District School Board vi. Hamilton-Wentworth Catholic District School Board vii. Waterloo Catholic District School Board viii. Limestone District School Board ix. Conseil scolaire de district catholique Centre-Sud x. Conseil scolaire Viamonde B. Other Retirement Gratuities An employee is not eligible to receive any non-sick leave credit retirement gratuity (such as, but not limited to, service gratuities or RRSP contributions) after August 31, 2012.

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Requested By: Disability Management Coordinator

Phone: 705-722-3555, ext. 240 Fax: 705-812-0035

Simcoe Muskoka Catholic

District School Board

46 Alliance Blvd.

Barrie, ON L4M 5K3

(705)722-3555

ABILITIES FORM

For EA’s, DECE’s, O&C,

Maintenance and Noon Hour Supervisors

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LETTER OF AGREEMENT #1

BETWEEN

The Council of Trustees’ Associations/

Le Conseil des associations d’employeurs

(hereinafter called ‘CTA/CAE’)

AND

The Ontario Secondary School Teachers’ Federation/

Fédération des enseignantes-enseignants des écoles secondaires de l’Ontario

(hereinafter called the ‘OSSTF/FEESO’)

RE: Sick Leave

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

Such issues include but are not limited to:

1. Requirements for the provision of an initial medical document. 2. Responsibility for payment for medical documents.

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

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

by the parties effective upon ratification. This Letter of Agreement shall expire August 30, 2017.

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BETWEEN




AND




AND

The Crown/Couronne

RE: Benefits

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

The OSSTF-EW shall request inclusion into the OSSTF Employee Life and Health Trust (ELHT), (hereinafter, the “Trust”) within fifteen (15) days of central ratification. Should OSSTF-EW fail to reach agreement, consistent with the parameters contained herein, by January 15, 2016, the parties to this LOA will meet to consider other options.

The parties to this LOA agree to comply with the Trust’s requirements. The provisions of the agreement between OSSTF-EW and OSSTF shall be reflected in the OSSTF trust participation agreement. The provisions contained herein shall be applicable to OSSTF-EW within the Trust.

The Participation Date for OSSTF-EW shall be no earlier than September 1, 2016 and no later than August 31, 2017 and may vary by Board.

1.0.0 GOVERNANCE

1.1.0 OSSTF-EW shall be a separate division within the Trust and accounted for separately.

1.2.0 The parties confirm their intention to do the following: a) Provide education workers access to the same plan as that of the teacher’s plan.

b) Take necessary actions in accordance with the Trust agreement for any period in which the claims fluctuation reserve is less than 8.3% of annual expenses over a projected three year period.

2.0.0 ELIGIBILITY and COVERAGE

2.1.0 The following OSSTF-EW represented employees are eligible to receive benefits through the Trust:

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2.1.1 Employees who are covered by the Local Collective Agreement and currently eligible for benefits in collective agreements.

2.1.2 Retirees who were, and still are, members of a District School Board hereinafter referred to as the “Board(s)” benefit plan at August 31, 2013 based on the prior arrangements with the Board.

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

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

2.2.0 The benefit plan may provide coverage for health (including but not limited to vision and travel), life and dental benefits including accidental death and dismemberment (AD&D), medical second opinion, and navigational support, subject to compliance with section 144.1 of the ITA. Other employee benefit programs may be considered for inclusion, only if negotiated in future central collective agreements.

2.3.0 Each Board shall provide to the Trustees of the OSSTF ELHT directly, or through its Insurance Carrier of Record, Human Resource Information System (HRIS) information noted in Appendix A within one (1) month of notification from the Trustees, in the format specified by the Trustees.

3.0.0 FUNDING

3.1.0 Start-Up Costs 3.1.1 The Government of Ontario will provide:

a. A one-time contribution to the Trust equal to 15% of annual benefit costs to establish a Claims Fluctuation Reserve (“CFR”). The amount shall be paid to the Trust on or before September 1, 2016. b. A one-time contribution of 2.6% of annual benefit costs (estimated to be approximately $1.25 million), to cover start-up costs and/or reserves.

3.1.2 The one-time contributions in 3.1.1 (a) and (b) will be based on the actual cost per year for benefits (i.e. claims, premiums, administration, tax, risk or profit charges, pool charges, etc.) as reported on the insurance carrier’s most recent yearly statement for the year ending no later than August 31, 2015. The statements are to be provided to the Ministry of Education. 3.1.3 The Crown shall pay $600,000 of the startup costs referred to in s. 3.1.1 (b) on the date of ratification of the central agreement and shall pay a further $600,000 subject to the maximum amount referred to in s. 3.1.1 (b) by June 1, 2016. The balance of the payments, if required under s. 3.1.1 (b), shall be paid by the Crown on the day the Trust becomes effective. The funds shall be transferred as instructed by OSSTF-EW subject to the province’s transfer payment and accountability requirements. 3.2.0 On-Going Funding 3.2.1 On the day the Board commences participation in the Trust, or as soon as reasonably and feasibly possible thereafter, all eligible and available surpluses in board-owned defined benefit plans will be transferred to the Trust in an amount equal to each employee’s pro rata share based on the amount of the employee’s co-share payment of each benefit. The remaining portion of the Board’s surplus will be retained by the Board. 3.2.2 Where there are active grievances related to surpluses, deposits and/or reserves, the amount in dispute shall be internally restricted by the Board until the grievance is settled.

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3.2.3 All Board reserves for Incurred But Not Reported (“IBNR”) claims and CFR, will remain with the existing carriers until those reserves are released by the carriers based on the terms of existing contracts. 3.2.4 Upon release of each Board’s IBNR and CFR by the carriers, the reserves will be retained by the applicable Board. For the Administrative Services Only plans (ASO), a surplus (including any deposits on hand) that is equal to or less than 15% of the Board’s annual benefit cost will be deemed to be a CFR and IBNR and will be retained by the applicable Board upon its release by the carriers. Where a surplus (including deposits on hand) exceeds 15% of the annual benefit cost, the remaining amount will be apportioned to the Board and the Trust based on the employers’ and employees’ premium share. 3.2.5 For policies where the experience of multiple groups has been combined, the existing surplus/deficit will be allocated to each group based on the following:

a) If available, the paid premiums or contributions or claims costs of each group; or b) Failing the availability of the aforementioned financial information by each group, then the ratio using the number of Full Time Equivalent positions (FTE) covered by each group in the most recent policy year will be used.

The methodology listed above will be applicable for each group leaving an existing policy where the experience of more than one group has been aggregated. Policies where the existing surplus/deficit has been tracked independently for each group are not subject to this provision. 3.2.6 Boards with deficits will recover the amount from their CFR and IBNR. Any portion of the deficit remaining in excess of the CFR and IBNR will be the responsibility of the board. 3.2.7 In order to ensure the fiscal sustainability of said benefit plans, the Boards will not make any withdrawal, of any monies, from any health care benefit plan reserves, surpluses and/or deposits nor decrease in benefit plan funding unless in accordance with B-Memo B04:2015. It is the parties’ understanding that the Ministry of Education Memo B04:2015 applies and will remain in effect until Board plans become part of the Trust. 3.2.8 The Trust shall retain rights to the data and the copy of the software systems. 3.2.9 For the current term, the Boards agree to contribute funds to support the Trust as follows:

a. The Boards will continue to provide benefits in accordance with the existing benefit plans and co-pay arrangements until the Employees’ Participation Date in the Trust. b. By August 31, 2016 for Board-owned defined benefit plans, the Boards will calculate the annual amount of i) divided by ii) which will form the base funding amount for the Trust;

i) “Total cost” means the total annual cost of benefits and related costs including but not limited to claims, administration expenses, insurance premiums, consulting, auditing and advisory fees and all other costs and taxes, as reported on the insurance carrier’s most recent yearly statement, and if any, premium costs on other district school area board, for the year ending no later than August 31, 2015. The aforementioned statements are to be provided to the Ministry of Education.

Total Cost excludes retiree costs and casual employee costs. The average number of Full-Time Equivalent (FTE) positions in the bargaining unit as at October 31st and March 31st for the period consistent with this clause.

ii) For purposes of i) above, the FTE positions will be those consistent with Appendix H of the Education Finance Information System (EFIS) for job classifications that are eligible for benefits.

c. All amounts determined in this Article 3 shall be subject to a due diligence review by the OSSTF-EW. The school boards shall cooperate fully with the review, and provide, or direct their carriers or other agents to provide, all data requested by the OSSTF-EW. If

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any amount cannot be agreed between the OSSTF-EW and a school board, the parties shall make every effort, in good faith, to resolve the issue using the data provided, supporting information that can be obtained and reasonable inferences on the data and information. If no resolution to the issue can be achieved, it shall be subject to the Central Dispute Resolution process.

i) In order that each party be satisfied that the terms of this LOA provide a satisfactory basis to deliver benefits in the future, each party reserves the right to conduct a thorough due diligence with respect to existing benefit arrangements (including benefit terms, eligibility terms, FTE positions in the bargaining unit, historic costs and trends).

Prior to May 1, 2016, if either OSSTF-EW or the CTA/Crown concludes, in good faith following its due diligence review, that the terms of the LOA do not provide a satisfactory basis for the provision of benefits then either OSSTF-EW or the CTA/Crown may declare this LOA to be null and void, in which case no Participation Dates for any Boards shall be triggered and the benefits related provisions to all agreements, as they were before the adoption of this LOA, shall remain in full force and effect.

ii) Prior to September 1, 2016, on any material matter, relating to Article 3.2.9 (b), OSSTF-EW or the CTA/Crown can deem this LOA to be null and void. No Participation Dates for any Boards shall be triggered and the benefits related provisions of all local agreements, as they were before the adoption of this LOA, shall remain in full force and effect.

d. On the participation date, for defined benefit plans, the Boards will contribute to the Trust $5,075 per FTE. e. The actual cost of the benefit plan shall be determined based on a cost per FTE reconciliation process that will be completed 18 months after the last board’s Participation Date. Based on this reconciliation process, if the actual cost in the aggregate is less than $5,075, the funding per FTE amount will be adjusted to reflect the lesser of the two amounts. f. On the Participation Date, for defined contribution plans, the board will contribute to the Trust, the FTE amount of $5,075. In 2015-16, for Federation owned plans, if the following three conditions are met:

i) there is an in-year deficit, ii) the deficit described in i) is not related to plan design changes, iii) the aggregate reserves and surpluses are less than 8.3% of total annual costs/premiums, then the in-year deficit in i) would be paid by the board associated with the deficit.

If in 2014-15 i) and ii) above apply, and the deficit reduces the reserves and surpluses to zero, then the deficit in 2014-15 will be paid by the Board.

g. With respect to 3.2.9 (d) and 3.2.9 (f) above, the contributions provided by the Boards will include the employees’ share of the benefit cost as specified by the Board’s collective agreement until such time that the employees’ share is adjusted as determined by the Trust and subject to the funding policy. h. With respect to casual employees and term assignments, where payment is provided in lieu of benefits coverage, this arrangement will remain the on-going obligation of the boards. Where benefits coverage was previously provided by the Boards for casual employees and term assignments, this arrangement will remain the on-going obligation of the affected Boards. The affected Boards will find a similar plan, for these employees, that is cost neutral to the Boards, recognizing inflationary cost as follows: plus 4% for 2015-16 and 4% for 2016-17.

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i. The terms and conditions of any existing Employee Assistance Program/Employee Family Assistance Program and Long Term Disability Plan shall remain the responsibility of the respective Board and not the Trust maintaining current employer and employee co-share where they exist. The Board shall maintain its contribution to all statutory benefits as required by legislation (including but not limited to Canada Pension Plan, Employment Insurance, Employer Health Tax, etc.). j. The FTE used to determine the Board’s benefits contributions will be based on the average of the Board’s FTE as of October 31st and March 31st of each year. k. Funding previously paid under 3.2.9 (b), (d) and (e) above will be reconciled to the agreed October 31st and March 31st FTE and any identified difference will be remitted to the Trust in a lump sum on or before the last day of the month following reconciliation. l. In the case of a dispute regarding the FTE number of members for whom the provincial benefits package is being provided, the dispute will be resolved between the Board and the OSSTF Provincial Office. m. As of the day that a Board commences participation in the Trust, the Board will submit an amount equal to 1/12th of the negotiated funding amount as defined in s. 3.2.1 (b), (d) and (e) to the Plan’s Administrator on or before the last day of each month. n. The Trust will provide the necessary information needed by Boards to perform their administrative duties required to support the Trust in a timely and successful manner. o. The Boards shall deduct premiums as and when required by the Trustees of the OSSTF ELHT from each member’s pay on account of the benefit plan(s) and remit them as and when required by the Trustees to the Trust Plan Administrator of the OSSTF ELHT with supporting documentation as required by the Trustees. p. Funding for retirees shall be provided based on the costs or premiums in 2014-15 associated with those retirees described in 2.1.2 and 2.1.3 plus 4% in 2015-16 and 4% in 2016-17. Employer and employee co-shares will remain status quo per local collective agreements in place as of August 31, 2014 or per existing benefit plan provisions. q. The Trust shall determine employee co-pay, if any.

4.0.0 TRANSITION COMMITTEE

4.1.0 Subject to the approval of OSSTF, OSSTF-EW may have representation on the

OSSTF transition committee regarding all matters that may arise in the creation

of the OSSTF-EW division.

5.0.0 PAYMENTS

5.1.0 The Crown will make a recommendation to the Lieutenant Governor in Council to amend the Grants for Student Needs funding regulation indicating that the funding amount provided for benefit of the OSSTF-EW members must be provided to the Trust in accordance with the Letter of Agreement.

6.0.0 ENROLMENT 6.1.0 For new hires, each Board shall distribute benefit communication material as provided by the Union to all new members within 15 to 30 days from their acceptance of employment. 6.2.0 For existing members, the Board shall provide the Human Resource Information System (HRIS) file with all employment information to the Trustees as outlined in Appendix A. 6.3.0 Where an HRIS file cannot be provided, the Board shall provide the required employment and member information to the Trust Plan Administrator in advance

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of the member commencing active employment or within the first 30 days of the employment date. The Board shall enter any subsequent demographic or employment changes as specified by the Trust Plan Administrator within one week of the change occurring. 6.4.0 The benefit administration for all leaves, including Long-Term Disability where applicable, will be the responsibility of the Trust Plan Administrator. During such leaves, the Board shall continue to provide HRIS information and updates as defined above. 6.5.0 Each Board shall provide updated work status in the HRIS file a minimum of 2 weeks in advance of the leave or within the first 15 days following the start of the absence. 7.0.0 ERRORS AND OMISSIONS RELATED TO DATA

7.1.0 Board errors and retroactive adjustments shall be the responsibility of the Board. 7.2.0 If an error is identified by a Board, notification must be made to the Trust Plan Administrator within seven (7) days of identification of the error. 7.3.0 Upon request by the Trust Plan Administrator, a Board shall provide all employment and member related information necessary to administer the provincial benefit plan(s). Such requests shall not be made more frequently than twice in any 12 month period. 7.4.0 The Trust Plan Administrator or designate has the right to have their representatives review employment records related to the administration of the Trust at a Board office during regular business hours upon 30 days written notice.

8.0.0 CLAIMS SUPPORT

8.1.0 The Board shall complete and submit the Trust Plan Administrator’s Waiver of Life Insurance Premium Plan Administrator Statement to the Trust Plan Administrator for life waiver claims when the Trust Plan Administrator does not administer and adjudicate the LTD benefits. 8.2.0 Each Board shall maintain existing beneficiary declarations. When required, the Board shall provide the most recent beneficiary declaration on file to the Trust Plan Administrator. Any changes subsequent to the participation date shall be the responsibility of the Trust.

9.0.0 PRIVACY

9.1.0 In accordance with applicable privacy legislation, the Trust Plan Administrator shall limit the collection, use and disclosure of personal information to information that is necessary for the purpose of providing benefits administration services. The Trust Plan Administrator’s policy shall be based on the Personal Information Protection and Electronic Documents Act (PIPEDA).

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Appendix A – HRIS File

Each Board may choose to provide to the Trustees of the OSSTF ELHT directly, or provide authorization through its Insurance Carrier of Record to gather, the following information within one (1) month of notification from the Trustees. The following information shall be provided in the formats agreed to by the Trustees of the OSSTF ELHT and the employer representatives:

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

i. names; ii. benefit classes;

iii. plan or billing division; iv. location; v. identifier;

vi. date of hire; vii. date of birth;

viii. gender; ix. default coverage (single/couple/family).

b. estimated return to work dates;

c. benefit claims history as required by the Trustees;

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

e. list of approved claim exceptions;

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

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

member life benefit coverage information.

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The Crown/Couronne

RE: Regulated Support Staff Compensation Sub-Committee

Whereas there are varying salaries of OSSTF/FEESO members among Ontario’s publicly funded School Boards with various regulated professions, the parties agree: Within thirty (30) days of ratification of the final local agreement, a working group deemed to be a sub-committee of the Central Labour Relations Committee shall be established, consisting of up to twelve (12) members as follows:

• Up to two (2) selected by and representing the Crown;

• Up to four (4) selected by and representing the CTA/CAE; and,

• Up to six (6) selected by and representing OSSTF/FEESO. The sub-committee shall meet, on a without prejudice basis, to conduct a study on compensation for certain OSSTF/FEESO Education Support Staff employed by Ontario’s publicly funded School Boards. The job classes to be studied are CYWs and those job classes traditionally covered by PSSP Bargaining Units. For clarity, Educational Assistants and skilled trades are not included in this group. The sub-committee shall complete its mandate and report back to the Central Labour Relations Committee, no later than March 30, 2017.

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RE: Job Security

The parties acknowledge that education workers contribute in a significant way to student achievement and well-being.

1. For the purpose of this Letter of Agreement, the overall protected complement is equal to the FTE number (excluding temporary, casual and/or occasional positions) as at date of central ratification. The FTE number is to be agreed to by the parties through consultation at the local level. Appropriate disclosure will be provided during this consultation. Disputes with regard to the FTE number may be referred to the Central Dispute Resolution Process.

2. Effective as of the date of central ratification, the Board undertakes to maintain its Protected Complement, except in cases of:

a. A catastrophic or unforeseeable event or circumstance; b. Declining enrolment; c. School closure and/or school consolidation; or

d. Funding reductions directly related to services provided by bargaining unit members. 3. Where complement reductions are required pursuant to 2. above, they shall be achieved as follows:

a. In the case of declining enrolment, complement reductions shall occur at a rate not greater than the rate of student loss, and b. In the case of funding reductions, complement reductions shall not exceed the funding reductions.

4. Notwithstanding the above, a board may reduce their complement through attrition. Attrition is defined as positions held by bargaining unit members that become vacant and are not replaced, subsequent to the date of central ratification.

5. Reductions as may be required in 2 above shall only be achieved through lay-off after consultation with the union on alternative measures, which may include:

a. priority for available temporary, casual and/or occasional assignments; b. the establishment of a permanent supply pool where feasible; c. the development of a voluntary workforce reduction program (contingent on full provincial government funding).

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6. Staffing provisions with regard to surplus and bumping continue to remain a local issue. 7. The above language does not allow trade-offs between the classifications outlined below:

a. Educational Assistants b. DECEs and ECEs c. Administrative Personnel d. Custodial Personnel e. Cafeteria Personnel f. Information Technology Personnel g. Library Technicians h. Instructors i. Supervision Personnel (including child minders) j. Professional Personnel (including CYWs and DSWs) k. Maintenance/Trades

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

9. This Letter of Agreement expires on August 30, 2017.

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BETWEEN




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AND

The Crown/Couronne

RE: Early Childhood Educators Work Group

The parties and the Crown agree that within sixty (60) days following central ratification, a work group consisting of up to twelve (12) members shall be established as follows:

• Up to two (2) selected by and representing the Crown;

• Up to four (4) selected by and representing the CTA/CAE; and,

• Up to six (6) selected by and representing OSSTF/FEESO The work group shall convene to consider and make recommendations concerning, but not limited to the following:

• Compensation rates and methods

• Hours of work

• Preparation time

• FDK class size and split classes

• Extended day program

• Staffing levels

• Professional collaboration and development The work group shall make joint recommendations to the parties no later than June 30, 2016.

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BETWEEN




BETWEEN




AND

The Crown/Couronne

Re: Provincial Health and Safety Working Group

The parties agree to participate in the Provincial Health and Safety Working Group. The purpose of the working group is to consider areas related to health and safety in order to continue to build and strengthen a culture of health and safety mindedness in the education sector. Areas for discussion may include:

• Violence in the Workplace;

• Occupational health and safety training, including training for OSSTF/FEESO members;

• Caring and Safe Schools as it relates to OSSTF/FEESO members;

• Health and safety considerations in high risk areas of the school; and

• Any other health and safety matters raised by either party. The Crown commits to convene a meeting of the Working Group prior to December 31, 2015. OSSTF/FEESO will be entitled to equal representation on the Provincial Health and Safety Working group. Where best practices are identified by the committee, those practices will be shared with school boards.

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RE: Scheduled Unpaid Leave Plan The following Scheduled Unpaid Leave Plan (SULP) is available to all permanent employees for the 2015-2016 and 2016-2017 school years. Employees approved for SULP days shall not be replaced. For employees who work a ten (10) month year a school board will identify: 1) up to two (2) Professional Activity days in the 2015-2016 school year; 2) two (2) Professional Activity days in the 2016-2017 school year; that will be made available for the purpose of the SULP. For employees whose work year is greater than ten (10) months, a school board will designate days, subject to system and operational requirements, which will be available for the purpose of the SULP in each of the 2015-2016 and 2016-2017 school years. Each employee will be eligible to apply for up to two (2) days leave in each of the 2015-2016 and 2016-2017 school years. For the 2015-2016 school year, the available day(s) will be designated no later than thirty (30) days after central ratification. All interested employees will be required to apply, in writing, for the leave within ten (10) days of local ratification, or within ten (10) days from the date upon which the days are designated, whichever is later. For the 2016-2017 school year, the days will be designated by June 15, 2016. All interested employees will be required to apply, in writing, for leave for the 2016-2017 school year by no later than September 30, 2016. Approval of the SULP is subject to system and operational needs of the board and school. Approved leave days may not be cancelled or changed by the school board or the employee. Exceptions may be considered with mutual consent. Half day leaves may be approved, subject to the system and operational needs of the board and school. For employees enrolled in the OMERS pension, the employer will deduct the employee and employer portion of pension premiums for the unpaid days and will remit same to OMERS. The following clause is subject to either Teacher Pension Plan amendment or legislation: Within the purview of the Teachers’ Pension Act (TPA), the Minister of Education will seek an agreement from the Ontario Teachers’ Federation (OTF) to amend the Ontario Teachers’ Pension Plan (OTPP) to allow for adjusting pension contributions to reflect the Scheduled Unpaid Leave Plan (SULP) with the following principles:

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i) Contributions will be made by the employee/plan member on the unpaid portion of each unpaid day, unless directed otherwise in writing by the employee/plan member; ii) The government/employer will be obligated to match these contributions; iii) The exact plan amendments required to implement this change will be developed in collaboration with the OTPP and the co-sponsors of the OTPP (OTF and the Minister of Education); and iv) The plan amendments will respect any legislation that applies to registered pension plans, such as the Pension Benefits Act and Income Tax Act.

This Letter of Agreement expires on August 30, 2017.

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RE: Status Quo Central Items

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

1. Allowances 2. Work Week 3. Paid Vacation 4. Statutory Holidays 5. Premiums 6. Staffing Levels 7. Professional Judgment and Reporting 8. ECE Preparation Time

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RE: Status Quo Central Items as Modified by this Agreement

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

2014.

1. Pregnancy Leave Benefits

Definitions a) “casual employee” means, i a casual employee within the meaning of the local collective agreement, ii if clause (i) does not apply, an employee who is a casual employee as agreed upon by the board and the bargaining agent, or iii if clauses (i) and (ii) do not apply, an employee who is not regularly scheduled to work b) “term assignment” means, in relation to an employee, i a term assignment within the meaning of the local collective agreement, or ii where no such definition exists, a term assignment will be defined as twelve (12) days of continuous employment in one assignment Common Central Provisions

a) The Employer shall provide for permanent employees and employees in term assignments who access such leaves, a SEB plan to top up their E.I. Benefits. An employee who is eligible for such leave shall receive salary for a period immediately following the birth of her child, but with no deduction from sick leave or the Short Term Disability Program (STLDP). The SEB Plan pay will be the difference between the gross amount the employee receives from E.I. and her regular gross pay. b) SEB payments are available only to supplement E.I. benefits during the absence period as specified in this plan. c) Employees in term assignments shall be entitled to the benefits outlined in a) above, with the length of the SEB benefit limited by the term of the assignment.

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d) Casual employees are not entitled to pregnancy leave benefits. e) The employee must provide the Board with proof that she has applied for and is in receipt of employment insurance benefits in accordance with the Employment Insurance Act, as amended, before SEB is payable. f) Permanent employees and employees in term assignments not eligible for employment insurance benefits or the SEB plan will receive 100% of salary from the employer for the total of not less than eight (8) weeks with no deduction from sick leave or STLDP. g) Where any part of the eight (8) weeks falls during the period of time that is not paid (i.e. summer, March Break, etc.), the remainder of the eight (8) weeks of top up shall be payable after that period of time. h) Permanent employees and employees in term assignments who require longer than the eight (8) week recuperation period shall have access to sick leave and the STLDP subject to meeting the requirements to provide acceptable medical verification. i) If an employee begins pregnancy leave while on approved leave from the employer, the above maternity benefits provisions apply. j) The start date for the payment of the pregnancy benefits shall be the earlier of the due date or the birth of the child. k) Births that occur during an unpaid period (i.e. summer, March break, etc.) shall still trigger the pregnancy benefits. In those cases the pregnancy benefits shall commence on the first day after the unpaid period.

Local Bargaining Units will identify which of the SEB Plans below apply in their circumstance. The applicable language must be included with the Common Central language above as paragraph l). The full article should then reside in Part B of the collective agreement: i A SEB plan to top up their E.I. Benefits for eight (8) weeks of 100% salary is the minimum for all eligible employees. An employee who is eligible for such leave shall receive 100% salary for a period not to exceed eight (8) weeks immediately following the birth of her child but with no deduction from sick leave or the Short Term Leave Disability Program (STLDP). The SEB Plan pay will be the difference between the gross amount the employee receives from E.I. and their regular gross pay; ii A SEB Plan with existing superior entitlements; iii A SEB or salary replacement plan noted above that is altered to include six (6) weeks at 100%, subject to the aforementioned rules and conditions, plus meshing with any superior entitlements to maternity benefits. For example, seventeen (17) weeks at 90% pay would be revised to provide six (6) weeks at 100% pay and an additional eleven (11) weeks at 90%.

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

Where a class of employees was entitled to receive WSIB top-up on August 31, 2012 deducted from sick leave, the parties must incorporate those same provisions without deduction from sick

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leave in the 2014-2017 collective agreement. The top-up amount to a maximum of four (4) years and six (6) months shall be included in the 2014-17 collective agreement. Employees who were receiving WSIB top-up on September 1, 2012 shall have the cap of four (4) years and six (6) months reduced by the length of time for which the employee received WSIB top-up prior to September 1, 2012. For boards who did not have WSIB top-up prior to the MOU, status quo to be determined. 3. Short Term Paid Leaves

The parties agree that the issue of short term paid leaves has been addressed at the central table and the provisions shall remain status quo to the provisions in current local collective agreements. For further clarity, any leave of absence in the 2008-2012 local collective agreement that utilized deduction from sick leave, for reasons other than personal illness shall be granted without loss of salary or deduction from sick leave, to a maximum of five (5) days per school year. For clarity, those boards that had five (5) or less shall remain at that level. Boards that had five (5) or more days shall be capped at five (5) days. These days shall not be used for the purpose of sick leave, nor shall they accumulate from year to year. Short term paid leave provisions in the 2008-12 collective agreement that did not utilize deduction from sick leave remain status quo and must be incorporated into the 2014-17 collective agreement. Provisions with regard to short term paid leaves shall not be subject to local bargaining or amendment by local parties. However, existing local collective agreement language may need to be revised in order to align with the terms herein. 4. Retirement Gratuities

The issue of Retirement Gratuities has been addressed at the Central Table and the parties agree that formulae contained in current local collective agreements for calculating Retirement Gratuities shall govern payment of retirement gratuities and be limited in their application to terms outlined in Appendix A - Retirement Gratuities. Disputes arising in respect of such provisions shall be subject to Section 43 of the School Boards

Collective Bargaining Act. The following language shall be inserted unaltered as a preamble to Retirement Gratuity language into every collective agreement: “Retirement Gratuities were frozen as of August 31, 2012. An Employee is not eligible to receive a sick leave credit gratuity or any non-sick leave credit retirement gratuity (such as, but not limited to, service gratuities or RRSP contributions) after August 31, 2012, except a sick leave credit gratuity that the Employee had accumulated and was eligible to receive as of that day. The following language applies only to those employees eligible for the gratuity above:”

5. Long Term Disability (LTD)

The Long Term Disability (LTD) waiting periods, if any, contained in the 2008-2012 collective agreement should be retained as written. However, to reflect current requirements, plans with a waiting period of more than 130 days shall cause the Short Term Leave and Disability Plan to be extended to the minimum waiting period required by the plan.

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RE: Long Term Disability (LTD) Plan Working Group

The parties acknowledge that increases in premiums for LTD plans are a significant issue. The parties agree to review the issue of affordability of LTD plans for both boards and employees who pay LTD premiums (in whole or in part) in support of existing LTD plan arrangements. A joint central committee of board staff and OSSTF/FEESO members shall be established to review options related to sustainability and affordability of LTD plans. Options may include, but are not limited to:

i) Exploring a common plan through a competitive tendering process ii) Exploring other delivery options through a competitive tendering process iii) Reviewing joint proposals from local boards and units to effect changes to plan design to reduce costs.

The central parties agree that local boards and units may discuss and mutually agree, outside of the

context of collective bargaining, to make plan design changes with a view to reducing premiums.

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Re: Additional Professional Activity (PA) Day

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

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

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

clarity, the additional PA day will be deemed a normal work day. OSSTF/FEESO members will be required

to attend and perform duties as assigned. Notwithstanding, these days may be designated as SULP days.

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The Crown/Couronne

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

The parties acknowledge the ongoing implementation of the children’s Mental Health Strategy, the Special Needs Strategy, and other initiatives within the province of Ontario. The parties further acknowledge the importance of initiatives being implemented within the provincial schools system including but not limited to the addition of Mental Health Leads, and the protocol for partnerships with external agencies/service providers. It is agreed and affirmed that the purpose of the initiatives is to enhance existing mental health and at risk

supports to school boards in partnership with existing professional student services support staff and

other school personnel. It is not the intention that these enhanced initiatives displace OSSTF/FEESO

members, nor diminish their hours of work.

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BETWEEN




AND




AND

The Crown/Couronne

RE: Violence Prevention Training

OSSTF/FEESO will be consulted, through the Central Labour Relations Committee, regarding the development/purchase of a training program on the prevention of violence for employees whose core duties require them to work directly in contact with students who may pose a safety risk. The Crown agrees to fund the development/purchase. The Central Labour Relations Committee will consider the following points in developing the training module program including:

• Causes of violence;

• Factors that precipitate violence;

• Recognition of warning signs;

• Prevention of escalation; and

• Controlling and defusing aggressive situations.

• Employee reporting obligations The training program will be made available to boards and OSSTF/FEESO no later than November 30, 2016. Local boards will consult with local unions regarding the implementation of the training program.

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TABLE OF CONTENTS – PART B

LOCAL TERMS

ARTICLE DESCRIPTION PAGE

L50 Adverse Weather Conditions 71 L38 Allowances 64 L55 Amendments 74 L46 Benefits 69 L11 Collective Agreement 47 L32 Communications 59-60 L43 Contracting Out 68 L54 Criminal Record Checks 74 L26 Deferred Salary Leave Plan 56-57 L51 Definitions 71-72 L6 Discipline and Discharge 45 L56 Duration and Renewal 74 L28 E.I. Rebate 57 L21 E.I. SEB Plan 54 L8 Employment File 45-46 L22 Extended Pregnancy/Parental Leave 54-55 L1 General Purpose 43 L52 General Terms 72 L12 Grievance and Arbitration 47-49 L39 Health and Safety 64 L33 Hours of Work 60 L31 Job Descriptions 59 L30 Job Posting and Staffing 58-59 L35 Job Security 62 L14 Jury Leave 50 L10 Labour-Management Committee 46 L42 Layoff and Recall 67-68 L13 Leaves of Absence 49-50 L5 Management Rights 44-45 L7 No Discrimination 45 L34 Overtime 60-62 L18 Paternity Leave 52 L47 Pay Schedule 70 L45 Pension Plan 69 L16 Personal Leave of Absence 50-51 L29 Persons Positions Outside the Bargaining Unit 57-58 L40 Probationary Period 65 L48 Professional Development 70 L15 Quarantine Leave 50 L2 Recognition 43 L36 Recognized Paid Holidays 62 L25 Return to Work 56 L41 Seniority 65-66 L27 Sick Leave 57

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L20 Statutory Parental Leave 53-54 L19 Statutory Pregnancy Leave 52-53 L9 Strike and Lock Out 46 L53 Temporary Employee 72-74 L49 Training and Tuition 70-71 L17 Union Leave 51 L3 Union Membership 43 L4 Union Rights 43-44 L44 Use of Co-op Students 68 L37 Vacations with Pay 63-64 L23 W.S.I.B. / L.T.D. Absences 55 L24 W.S.I.B. Supplement 55-56 Schedule A – Salary and Grade Levels 75 Letters of Agreement - Position Review 76 - Attendance Management 77 - Job Security and Staffing 78 - Appendix 1 Supplemental Employment Benefits (SEB) Plan 79

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ARTICLE L1 GENERAL PURPOSE

L1.01 It is the purpose of this Collective Agreement to set forth terms and conditions of employment together with salaries, allowances and related benefits, and to provide a process for the settlement of all matters in dispute between the Union and the Board herein after called the parties. L1.02 It is the intent and purpose of the parties to maintain a harmonious relationship between the parties and to co-operate to the fullest extent in an endeavour to provide the best possible educational services. ARTICLE L2 RECOGNITION

L2.01 The Employer recognizes the Ontario Secondary School Teachers’ Federation (OSSTF) as the exclusive

bargaining agent authorized to represent and negotiate on behalf of all employees engaged in Maintenance Services with the Simcoe Muskoka Catholic District School Board save and except secretary plant-services, co-op students, supervisors, managers and persons above the rank of manager.

L2.02 The Union recognizes the Negotiating Table Team of the Board as the official committee authorized to

represent the Board and to negotiate on its behalf for the purposes of this Agreement. L2.03 The parties of this Collective Agreement recognize the right of each party to have advisors, agents,

counsellors, solicitors or any other duly authorized representatives represent them in all matters pertaining to the negotiation and administration of the Collective Agreement.

ARTICLE L3 UNION MEMBERSHIP

L3.01 All employees shall, as a condition of employment, maintain their Union membership and be required to

pay Union dues and other amounts chargeable by the Union or Bargaining Unit. L3.02 All future employees of the Board covered by this Agreement shall, as a condition of continued

employment, become members of the Union on commencing employment with the Board. ARTICLE L4 UNION RIGHTS

L4.01 On each pay date on which a member is paid the Board shall deduct from each member the Union dues

chargeable by the Union and/or Bargaining Unit. The amount shall be determined by the Union in accordance with its constitution and by-laws and made in writing to the Board at least thirty (30) days prior to the expected date of change.

L4.02 The Union dues deducted in clause 4.01 shall be remitted to the Treasurer of the Ontario Secondary

School Teachers’ Federation, at the Head Office of the Union and/or Bargaining Unit, no later than the fifteenth day of the month following the month in which the deductions were made. Such remittance shall be accompanied with the following information on each member as follows: For the Union: a) surname and first name b) social insurance number

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c) amount of Union dues deducted d) amount of salary or wages on which Union dues were deducted e) the period of work for which dues are submitted For the Bargaining Unit: a) surname and first name b) amount of Union dues deducted c) amount of salary or wages on which dues were deducted d) the period of work for which dues are submitted

L4.03 The Union and the Bargaining Unit shall indemnify and save the Board harmless from any claims, suits,

attachments and any form of liability as a result of such deductions authorized by the Union or Bargaining Unit as the case may be.

L4.04 a) The Board shall forward to the Union a copy of each new Member’s hire letter within thirty (30) days of commencement of employment of the new Member. b) The Board shall provide the Bargaining Unit President with a list of all members’ names, home addresses, and home phone numbers when requested in writing to the Human Resources Department to a maximum of three (3) requests per school year. L4.05 a) The Employer agrees to copy the Union on written correspondence to the members relating to promotion, demotion, transfer, layoff, recall, discipline, on review, suspension or termination of employment for any reason. L4.06 The Union shall notify the Board, in writing, of the following: a) names of its representatives in the Bargaining Unit on the Executive, Collective Bargaining Committee and Grievance Officer b) address, fax and phone number of its Head Office c) address, fax and phone number of the Bargaining Unit Office L4.07 The Union shall be allowed to carry out Union business on the employer’s premises at reasonable times

and in reasonable locations including, without limiting the generality of the foregoing, membership meetings and conference between Union representatives and members, in accordance with the Board’s policies and procedures.

L4.08 All committee members shall be employees of the Board. ARTICLE L5 MANAGEMENT RIGHTS

L5.01 Both parties to this Agreement recognize that, subject to the qualifications and limitations contained in

this Collective Agreement, it is the sole right of the Board to manage its affairs in a fair and reasonable manner consistent with the prevailing statutes and regulations governing employment in the Province of Ontario and the Ontario Education Act.

L5.02 Both parties recognize that the Board has all the rights and privileges enjoyed by the Roman Catholic

Separate Schools as granted under the Constitution Act, 1867, the Ontario Educational Act and the Charter of Rights and Freedoms.

L5.03 Nothing in this Agreement shall be construed to adversely affect the denominational rights or privileges

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of the Board or of its supporters enjoyed under the Constitution Act, 1867 the Ontario Education Act and the Charter of Rights and Freedoms.

ARTICLE L6 DISCIPLINE AND DISCHARGE

L6.01 a) No employee shall be demoted, disciplined or discharged without just cause. b) It is understood that probationary employees are subject to a standard of lesser just cause. L6.02 a) The Employer shall hold a meeting with the employee in order to discipline or discharge an employee. The employee and the union shall be advised of the scheduling of such meeting on the previous working day. The employee shall be advised of their right to have Union representation at such meeting. Such employee has the right to be accompanied and advised by a Union representative at such meeting. b) When an Employee is disciplined, the employee shall be given the reason in the presence of a Union representative. Such employee and the Union shall be advised in writing by the Employer of the reason for such discipline. c) If the Union representative is not available for the meeting, such meeting shall be rescheduled to take place the next working day, or as soon as mutually agreed. L6.03 The Union representative requested by the member to attend such meeting shall request permission

from the Supervisor, to leave the premises to attend the meeting. Such request shall not unreasonably be withheld.

L6.04 Upon the request of a member, any derogatory notations or disciplinary actions that have been placed in

a members personnel file shall be removed from such file after eighteen (18) months from the time the documents were first put in the file providing such personnel file has been free of any written warning or disciplinary action during the intervening period.

ARTICLE L7 NO DISCRIMINATION

L7.01 The Board shall not discriminate against, interfere with, restrict or coerce any member because of the

member’s membership in the Union.

ARTICLE L8 EMPLOYMENT FILE

L8.01 There shall be only one employment file for each member retained by the Board. Such employment file

shall be located in the Human Resources Department of the Board. L8.02 a) A member shall have access to examine the member’s employment file upon prior arrangement with the Human Resources Department. The member must receive prior approval from the immediate supervisor should the arrangement to view the file be made during working hours. Such approval shall

not be unreasonably withheld. b) Upon request, a member shall: i) have the right to be accompanied by a Union representative. The Board shall be reimbursed by the Union for the replacement cost of the Union representative; and ii) be provided with a copy of material contained in such file.

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c) Upon prior arrangement with the Human Resources Department, the Bargaining Unit President shall have the right to access and/or copy information contained in the members’ employment file upon production of a signed release form providing permission for such access from the member. The Board shall be reimbursed by the Union for the replacement cost of the Bargaining Unit President. L8.03 A member shall have the right to contest in writing a perceived discrepancy of information contained in

the member’s employment file and have the same recorded in the Member’s file. ARTICLE L9 STRIKE AND LOCK OUT

L9.01 In view of the orderly procedure established by this Agreement for the settling of disputes and the

handling of grievances, the Union agrees that during the life of this Agreement there shall be no strike and the Board agrees that there shall be no lockout of the Members in this Bargaining Unit. The meaning of the words “strike” and “lockout” shall be as defined in the Ontario Labour Relations Act and its Regulations.

L9.02 When other Board employees are on strike or lock-out, a member shall carry on their regular duties

without assuming any functions or responsibilities that are normally discharged by the Board employees that are on strike or lock-out.

ARTICLE L10 LABOUR-MANAGEMENT COMMITTEE

L10.01 The parties agree that the establishment of a Labour Management Committee provides mutual benefit

to both the Union and the Employer in maintaining a sound communicative and cooperative relationship. The committee shall be comprised as follows:

L10.02 There shall be a Labour Management Committee consisting of three (3) members appointed by the

Employer and three (3) members appointed by the Bargaining Unit. L10.03 The committee shall meet semi-annually or as required by the Bargaining Unit Executive or by the

Employer to discuss matters of common concern. A meeting shall be held as expeditiously as possible as mutually agreed between the parties, but not later than fifteen (15) days after receipt of a request by either party, or as otherwise mutually agreed.

L10.04 Meetings of the Committee shall take place during normal working hours and shall be considered time

worked for the Bargaining Unit members of the Committee. L10.05 The Board and the Bargaining Unit agree that the Labour Management Committee will review

workload/staffing issues no later than October and April of each year. L10.06 Prior to any performance appraisal system being implemented by the Board, it will be discussed at the

Labour Management Committee.

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ARTICLE L11 COLLECTIVE AGREEMENT

L11.01 a) The Board will supply all present employees with a copy of the Agreement within thirty (30) days of signing the final Agreement. b) The Board will provide each new employee with a copy of the Agreement included with their information package sent at the time of hire. L11.02 a) The Board shall provide 25 copies of the collective agreement for the Maintenance Bargaining Unit. b) The Board shall supply an electronic version of the Collective Agreement to the Bargaining Unit President. Any additional copies requested by the Bargaining unit over and above 25 copies identified in Article L11.02 a) shall be at the Bargaining Unit’s expense.

ARTICLE L12 GRIEVANCE AND ARBITRATION

L12.01 a) A “grievance” shall be defined as any difference arising from the interpretation, application, administration, or alleged violation of this Agreement. b) A “party” shall be defined as either the Bargaining Unit or the Employer. c) “Days” shall mean regular work days unless otherwise indicated. d) A grievance shall include: i) a description of how the alleged dispute is in violation of the Collective Agreement; and ii) a description of when the alleged violation took place; and iii) the clauses in the Collective Agreement alleged to be violated; and iv) the relief sought (remedy); and v) the signature of the duly authorized official of the Bargaining Unit L12.02 A member, with the concurrence of the Bargaining Unit, may initiate a complaint within five (5) days

after the member or Bargaining Unit becomes aware of the circumstances, or could reasonably be expected to become aware of the circumstances giving rise to the grievance, with the Manager of Plant Services, who shall answer the complaint within five (5) days after receipt of the complaint.

L12.03 Grievance Procedure-Individual In the case of a grievance by the Bargaining Unit on behalf of one of its members, the following steps

may be taken in sequence where informal attempts to resolve the matter with the Manager of Plant Services have failed.

Step 1 If the reply of the Manager of Plant Services to the complaint as cited in 12.02, is not acceptable to the

Bargaining Unit, within ten (10) days the Bargaining Unit may initiate a written grievance through the Superintendent of Human Resources to the appropriate Board representative, who shall meet with the Bargaining Unit within ten (10) days. The Board representative shall answer the grievance to the Bargaining Unit, in writing within five (5) days of such meeting.

Step 2 If the reply as issued at Step 1 is not acceptable to the Bargaining Unit, the Bargaining Unit may make a

written request within five (5) days to the Director of Education or designate who shall meet with the Bargaining Unit within ten (10) days of receipt of the grievance. The Director of Education or designate shall answer the grievance to the Bargaining Unit, in writing, within five (5) days of such meeting.

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Step 3 If the reply of the Director of Education or designate is unacceptable to the Bargaining Unit, the

Bargaining Unit may then apply for arbitration within twenty (20) days of the receipt of the reply. L12.04 Grievance Procedure - Policy or Party In the case of all other grievances by a party or of a policy, (including those on behalf of a group of members, an individual member, a retired or deceased member, when it pertains to language that was in the collective Agreement in effect at the time of their employment), the party making the grievance may take the following steps in sequence to resolve the matter. Step 1 The party making the grievance may make a written grievance to the Director of Education or designate,

or President of the Bargaining Unit, as the case may be, who shall answer the grievance in writing within five (5) days.

Step 2 If the reply of the President of the Bargaining Unit or the Director of Education or designate, as the case

may be, is not acceptable to the party making the grievance, that party may then apply to arbitration within twenty (20) days of the receipt of the reply.

L12.05 Grievance Mediation At any stage in the grievance procedure, the parties by mutual consent in writing may elect to resolve

the grievance by using grievance mediation. The parties shall agree on the individual to be the mediator and the time frame in which a resolution is to be reached. If there are any costs related to mediation they shall be shared equally between the parties.

The time lines outlined in the grievance procedure shall be frozen at the time the parties mutually

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

L12.06 Arbitration The party desiring arbitration shall 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 to an Arbitration Board. The recipient of the notice shall, within five (5) days, inform the other party either that it accepts the other party’s appointee as a single Arbitrator or inform the other party of the name of its appointee to the Arbitration Board. Where two appointees are so selected, they shall, within five (5) days of the appointment of the second of them, appoint a third person who shall be the Chairperson. If the recipient of the notice fails to appoint an Arbitrator or if the two appointees fail to agree upon a Chairperson within five (5) days, the appointment shall be made by the Ontario Labour Relations Board upon the request of either party.

The parties may agree in writing to submit the grievance to a mutually agreed upon single arbitrator

rather than to an arbitration board. A grievance may be submitted to expedited arbitration in accordance with the Ontario Labour Relations

Act, by notifying the other party in writing. L12.07 The single Arbitrator or Board of Arbitration shall have the power to amend the grievance, modify

penalties, including discharge and disciplinary penalties, and take whatever action, or make whatever decision, it considers just and equitable in the circumstances.

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L12.08 No person shall be appointed as an Arbitrator or member of a Board of Arbitration who has been

involved in the negotiation of this Collective Agreement or in attempts to settle the grievance. L12.09 The fees for a single Arbitrator, or a Chairperson or a Chairperson of a Board of Arbitration, shall be

shared equally by the parties. L12.10 Time restrictions may be extended if mutually agreed in writing. Extensions shall not be unreasonably

denied. L12.11 There shall be no reprisals of any kind taken against any member because of participation in the

grievance or arbitration procedure under this Agreement. L12.12 Should the investigation or processing of a grievance require that an involved member or Bargaining

Unit representative be released from regular duties, the member shall be released without loss of salary or benefits.

L12.13 In the event that there is disciplinary action that results in termination of or loss of pay for a member,

Article 12.02 shall be waived and the Bargaining Unit shall initiate a grievance directly at Step Two of Article 12.03 or 12.04 as the case may be.

ARTICLE L13 LEAVES OF ABSENCE

The following leaves shall be granted without loss of salary. The employee shall notify their Manager of such leave. L13.01A. Bereavement Leave .01 Up to five (5) consecutive working days due to the death of a spouse, parent, child, sibling, grandchild or immediate in-laws .02 One (1) day to attend the funeral of a relative or friend not covered in .01 .03 The member may be granted additional days for compassionate reasons at the discretion of the Manager to whom the member reports. Such request shall not unreasonably be denied. L13.01B. Miscellaneous Leave Application for the following leaves shall be through the Manager to whom the employee reports a) Up to two (2) days to write a post-secondary examination. b) One (1) day to attend the member’s graduation. The following leaves shall be granted with pay c) a total of three (3) days per calendar year in the event of a serious illness of a child, spouse, parent, sibling, grandchild or immediate in-laws d) one (1) day per calendar year, per person outlined below, when the member attends the day- time post-secondary graduation of the member’s spouse, child, step-child or grandchild. L13.02 Discretionary Leaves a) The appropriate Supervisor may extend any of the leaves granted in Article L13.01 A and L13.01 B without loss of pay. b) Occasions other than those listed in L13.01 a) and L13.01 b) above may be granted by the

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Supervisor for discretionary purposes without pay . c) A special or compassionate leave may be granted without loss of pay upon approval of the Director of Education or designate. L13.03 a) An Employee may be granted an unpaid educational leave for up to one full year for purposes of attending full-time studies at an accredited educational institution. b) Upon the written approval of the Director of Education or designate, leave of absence shall be granted without pay for the time period as noted in item 13.05 a). c) An employee granted an educational leave shall be given the opportunity to continue participation in the benefit plans held prior to the leave, provided the employee pays the monthly costs of the premium for the leave period, as arranged between the employer and the Board. d) Upon return from the leave the employee shall be placed in the position/work location held prior to the commencement of the leave if it is still available, or if it is not, shall follow the Layoff and Recall procedures outlined in this Collective Agreement. L13.04 As it is the practice of the Board that all employees be supported by the Board in situations arising out

of an assault (actual, threatened, including verbal, emotional or physical) upon their persons sustained in the course of their duties, any member so affected shall be granted time off without deduction in pay, to seek legal advice.

ARTICLE L14 JURY LEAVE

L14.01 An employee shall be paid regular salary when required to be absent from work by reason of a

summons to serve as a juror, or a subpoena as a witness in any proceeding to which they are not a party, or one of the persons charged. Fees received shall be turned over to the Board, exclusive of travelling allowances and living expenses.

ARTICLE L15 QUARANTINE LEAVE

L15.01 Leave with pay and without deduction of sick leave or loss of benefits, experience or seniority shall be

granted to an employee who is required to be absent from work because he/she is prevented by order of medical health authority or who is requested by medical health authority to place themselves under voluntary quarantine or from attending to his/her duties on Board premises.

ARTICLE L16 PERSONAL LEAVE OF ABSENCE

L16.01 The Board may grant a leave of absence in writing to employees for periods without pay and without

loss of seniority. Any request for leave of absence shall be in writing and such request shall specify a start and an end date, which can only be changed by mutual agreement. A request for an extension shall not be unreasonably denied.

L16.02 Before commencing a leave of absence, a member may request to continue employee benefit coverage

under Article 46, Benefits, during the period of the leave by paying the full cost, unless otherwise stated in this agreement. The employee and the employer shall arrange a monthly payment process to cover such benefit.

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L16.03 Upon the written approval of the Director of Education or designate, leave of absence without pay for a period up to twelve (12) months may be granted to an employee for personal reasons.

L16.04 Subject to Article L42, Layoff and Recall, at the end of the period of the leave of absence, or its

extension, the member shall return to the same position/location held by the member immediately prior to the commencement of the leave of absence, if it still exists, or to a comparable position, if it does not.

ARTICLE L17 UNION LEAVE

The Employer shall grant a leave of absence for Union representatives in accordance with the terms and conditions of this Article. L17.01 Union leave, without loss of pay and benefits shall be granted to representatives of the Union for the purpose of carrying out Union business. L17.02 a) Union leave shall be granted to elected or appointed representatives of the Union for the purpose of carrying out Union business (eg. Conferences and Union functions) to a maximum of forty (40) days total for the Bargaining Unit per work year. b) The Union shall reimburse the Employer for costs for members granted leave under this clause. c) Notification of such leave shall be provided, in writing, to the employees’ supervisor by the President. L17.03 a) Up to three (3) members of the Maintenance Unit Collective Bargaining Committee shall be granted a leave of absence to attend negotiation meetings with the Employer. b) The Union shall reimburse the Employer for costs for members granted leave under this clause. c) Notification of such leave shall be provided, in writing, to the employees’ supervisor by the President. L17.04 a) Leave shall be granted to those members representing the Union for the purpose of participating or attending joint Board/Union meetings as approved by the Board, other than negotiations. b) There shall be no reimbursement of salary for members attending such meetings under this Article. L17.05 a) Leave shall be granted, if requested, for the term of office, to a member elected to the office of President of the Bargaining Unit, or to an elected or appointed position of the Provincial O.S.S.T.F. b) At the end of the period of leave of absence the member shall return to the same position/location held by the member prior to the commencement of the leave, if it still exists, or to a comparable position if it does not, subject to Article 42, Layoff and Recall. c) The Employer shall be reimbursed for the salary of a member granted leave under this Article. d) Notification of such leave request shall be forwarded to the Board and the employee’s supervisor. L17.06 Leaves granted under L17.02, L17.03, L17.04, and L17.05 above, shall be in addition to the number of days granted in clause L17.01 above.

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ARTICLE L18 PATERNITY LEAVE

L18.01 An employee shall be granted a leave of absence of two (2) days, without deduction of salary, for the

birth or adoption of their own child. Such days shall be taken within the first two weeks of birth or adoption, or the days when the child comes into the custody of parents.

L18.02 It is understood that leave of absence under Article 18.01 will not be granted to the member who is also

taking leave under Article 19 Statutory Pregnancy Leave.

ARTICLE L19 STATUTORY PREGNANCY LEAVE

L19.01 Maternity leaves shall be in accordance with the Employment Standards Act. L19.02 Upon application in writing a pregnant employee who started employment with the Board at least

thirteen weeks before the expected birth date is entitled to a leave of absence without pay in accordance with the Employment Standards Act.

L19.03 The Board shall not terminate the employment of or lay off any Member who is entitled to a leave of

absence under this Article. L19.04 a) A member may begin a pregnancy leave no earlier than seventeen (17) weeks before the expected birth date. b) The Member shall give the Board at least two (2) weeks written notice of the day upon which the leave of absence is to commence. The Board shall be furnished with the certificate of a legally qualified medical practitioner stating the expected birth date. L19.05 a) A Member who suffers a pregnancy related illness prior to the period of statutory leave and who furnishes the Board with a certificate from a legally qualified medical practitioner shall qualify for sick leave during the illness. The Member will not be required to use pregnancy leave unless the Member so elects. b) In the case of a Member who elects to stop working because of complications caused by pregnancy or stops working because of birth, still-birth or miscarriage that happens earlier than the Member expected to give birth, clause 19.04 will not apply. The procedure will be as indicated in clause 19.06 which follows. L19.06 Within two (2) weeks of stopping work a Member described in clause 19.05 b), above must give the

Board: a) written notice of the date the pregnancy leave began or is to begin; and b) a certificate from a legally qualified medical practitioner stating that: (i) in the case of a Member who elects to stop working because of complications caused by the pregnancy, states the Member is unable to perform the Member’s duties because of complications caused by the pregnancy and states the expected birth date, or (ii) in any other case, states the date of birth, still-birth or miscarriage and the date the member was expected to give birth L19.07 The pregnancy leave ends: (a) the later of - six (6) weeks after birth, still-birth or miscarriage - seventeen (17) weeks after the leave began or; (b) at an earlier date if the member gives the Board at least four (4) weeks written notice of the date

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L19.08 A member who intends to resume employment on the expiration of the statutory leave of absence under this Article shall so advise the Board and on return to work the Board shall reinstate the member to the position the member most recently held with the Board, if it still exists or to a comparable position, if it does not. Seniority shall continue to accrue during a pregnancy leave.

Reinstatement from pregnancy leave under this Article shall be without loss of seniority or benefits. L19.09 The employee may continue participation in group insurance plans provided they prepay, per mutually

agreed payment schedule, their regular share of the premiums for the leave period and provided the group insurance plan allows continuance of such coverage. During the Pregnancy leave, the Board shall continue to make the Board’s contribution for the benefit plans outlined in the Employment Standards Act unless the employee provides written notice that the employee does not intend to pay the employee’s contribution, if any.

ARTICLE L20 STATUTORY PARENTAL LEAVE

L20.01 As per the Employment Standards Act, for the purpose of this Article, parents shall be defined as one

of the following: a) natural father or mother b) adoptive father or mother c) any person in a relationship of some permanence with the parent of the child and who intends to treat the child as his or her own. L20.02 Upon application in writing, a member who has been employed by the Board for at least 13 weeks and

who is a parent of a child is entitled to a leave of absence without pay following: a) the birth of the child; or b) the coming of the child into custody, care and control of a parent for the first time L20.03 The Board shall not terminate the employment of or lay off any member who is entitled to a leave of

absence under this Article. L20.04 The Parental Leave of a member who takes a pregnancy leave must begin when the pregnancy leave

ends unless the child has not yet come into custody, care and control of a parent for the first time. L20.05 For persons not covered under clause 19.04, Parental Leave may begin no more than fifty-two (52)

weeks after the day the child is born or comes into the custody, care and control of the parent for the first time.

L20.06 The Member must give the Board at least two (2) weeks written notice of the date the leave is to

begin. L20.07 If a member wishes to change the date when a Parental Leave is scheduled to begin the member must

give written notice: (a) two (2) weeks before the starting date if the leave is to begin sooner than indicated; or (b) two (2) weeks before the leave was to start if the leave is to begin later than indicated. L20.08 If a child comes into the custody, care and control of a parent earlier than expected, the leave begins

immediately and the parent must notify the Board within two (2) weeks of the date.

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L20.09 The Parental Leave ends: (a) thirty-five (35) weeks after it begins if pregnancy leave is taken, thirty-seven (37) weeks after it Begins if no pregnancy leave is taken; or (b) at an earlier date if the member gives the Board at least four (4) weeks written notice before the earlier date; or (c) to a later date if the member gives the Board at least four (4) weeks written notice before the date the leave was to end L20.10 A member who intends to resume employment on the expiration of a statutory Parental Leave of

absence under this Article shall so advise the Board and on return to work the Board shall reinstate the Member to the position the Member most recently held with the Board, if it still exists, or to a comparable position, if it does not.

Reinstatement from Parental Leave under this Article shall be without loss of seniority or benefits. Seniority continues to accrue during Parental Leave.

L20.11 The employee may continue participation in group insurance plans provided they pay, per mutually

agreed payment schedule, their regular share of the premiums for the leave period up to a maximum of thirty-five (35) or thirty-seven (37) weeks as outlined in L19.09, and provided the group insurance plan allows continuance of such coverage. During the Parental Leave, the Board shall continue to make the Board’s contributions for the benefit plans unless the employee does not intent outlined in the Employment Standards Act unless the employee does not intend to pay the employee’s contribution, if any.

ARTICLE L21 E.I. SEB PLAN

L21.01 The Board will provide a weekly benefit payable for eight (8) weeks following the birth/adoption of a

child. The first two (2) weeks will cover the waiting period and will be paid at 100% of the member’s normal weekly earnings provided the member complies with the conditions in the SEB Plan and a loss of earnings has occurred.

L21.02 For the following six (6) weeks, the Board will top-up the E.I. benefits to 100% of the member’s gross

earnings based on a per diem rate. There will be no deduction from sick leave accrual. ARTICLE L22 EXTENDED PREGNANCY/PARENTAL LEAVE

L22.01 The Board shall grant an extension to the parental or pregnancy leave as provided in Article L18 and

Article L19 in accordance with the terms and conditions outlined in this Article. L22.02 The Member shall provide a written request to the Board at least four (4) weeks prior to the scheduled

end of the leave, as outlined above, indicating the start and end dates of the extended leave. L22.03 The extended leave shall not exceed one (1) year. L22.04 The employee may continue participation in group insurance plans provided they pay the full premium

coverage of the premiums for the leave period up to a maximum of one (1) year and provided the group insurance plan allows continuance of such coverage.

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L22.05 A member who intends to resume employment on the expiration of an extended leave under this Article shall so advise the Board and on return to work the Board shall reinstate the Member, subject to Article L42, Layoff and Recall, to the position/location the Member most recently held with the Board, if it still exists, or to a comparable position, if it does not.

L22.06 A Member who intends to resume employment earlier than the originally scheduled date of return,

under this Article, shall advise the Board four (4) weeks prior to the newly requested date of return. ARTICLE L23 W.S.I.B./LTD ABSENCES

L23.01 a) A member who is absent from work and is claiming Workers Safety Insurance Board or Long Term Disability (LTD) benefits shall retain the position held by the member immediately prior to the absence up to a maximum of twenty-four (24) months. b) At the end of the twenty-four (24) month period the member’s position shall be declared vacant and posted in accordance with Article 30, Job Postings and Staffing. c) A member who returns to employment after the twenty-four (24) month period shall be subject to the provisions of Article L42, Layoff and Recall. L23.02 The Employer and the Bargaining Unit agree that modified/rehabilitative work makes valuable

contribution to more rapid recovery after an injury or illness has occurred. The parties will work together in a cooperative manner to develop a modified work program, either on a temporary or permanent basis, in order to provide meaningful work to accommodate an employee’s established medical capabilities prior to the employee’s return to work date.

L22.03 The bargaining Unit President shall be notified and involved with workplace accommodations and

limitations prior to the employee’s return to work date. ARTICLE L24 W.S.I.B. SUPPLEMENT

L24.01 A member who is receiving compensation under the Workers Safety Insurance Board as a result of a

claim directly related to the Board shall be entitled to have the partial payment under the Workers Safety Insurance Board supplemented by the Board to provide payment for full earnings. The supplement paid to such member shall be divided by the member’s daily rate of pay to determine the number of days absent with pay and the same number of days shall be deducted from the member’s Sick Leave Account in accordance with Article L26. If the member does not wish to have the payment under the Workers Safety Insurance Board supplemented as provided by this Article, the Member must give written notice to the Manager Human Resources within thirty (30) days after receiving notice that the Workers Safety Insurance claim has been approved.

L24.02 In the event that WSIB benefit payments become subject to income tax or any other legislated change,

the Board will comply with the legislated changes. L24.03 In the event that a member continues to be absent from work and to receive WSIB benefits, and the

sick leave credits are exhausted, the Board will advise the member of this occurrence and will continue to pay the member such funds as are received from WSIB.

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ARTICLE L25 RETURN TO WORK

L25.01 The Board agrees to maintain the Return to Work plan in ongoing consultation with the Bargaining

Unit President. L25.02 The Board agrees to advise the Bargaining Unit President when a modified work program has been

developed on behalf of a member. ARTICLE L26 DEFERRED SALARY LEAVE PLAN

L26.01 The Deferred Salary Leave Plan has been developed to afford employees the opportunity of taking a

one (1) year leave of absence with pay by spreading “x” years salary payments over a “y” year period. “x” over “y” can be any of the following combinations:

(a) three (3) years salary payment over a four (4) year period (b) four (4) years salary payment over a five (5) year period (c) five (5) years salary payment over a six (6) year period. L26.02 A member who has completed at least three (3) years of continuous service as a permanent employee

with the Board may apply for such leave. L26.03 A member shall apply, in writing, to the Director of Education on or before December 31, requesting

such leave to begin the following September 1st. Participation in the plan shall not unreasonably be withheld. Written acceptance or denial of the member’s request, with explanation shall be forwarded to the member by April 1st in the school year the original request is made.

L26.04 All members participating in the Plan must sign a form of agreement approved by the Union and the

Board which outlines the conditions of the leave. L26.05 The payment of salary, benefits and timing of the one (1) year Leave of Absence shall be as follows: (a) Depending on the combination selected, during the first three (3), four (4) or five (5) years of the Plan, a member will be paid 75%, 80% or 83.33% of his/her annual salary. The remaining 25%, 20% or 16.66% will be accumulated and this amount plus any interest earned shall be retained by the Board to finance the year of leave. (b) The salary that is held back shall be held in trust in an account at the Board’s Bank and shall accumulate interest at the prevailing rate and time schedule extended to the Board by its Bank. (c) During the period of leave, the Board shall pay to the member, the amount of salary held back. The method of payment during the period of leave shall be as per current pay schedule. i) The interest earned shall be paid to the member in the taxation year that it is earned as outlined in the agreement. ii) The Board shall make the appropriate deductions, including pension plan contributions subject to the regulations of the pension plan, from the payment(s) made to the member. L26.06 a) The member’s benefits will be maintained by the Board during the initial three (3), four (4) or five (5) years of the Plan in accordance with Article 46 Benefits, as if the member was being paid one hundred percent (100%) of their annual salary.

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b) During the actual year of Absence the Board will maintain the member’s benefits but only where the member so desires and at full cost to the member. L26.07 The plan in this Article is subject to any Revenue Canada regulations or rulings. The President of the

Bargaining Unit shall be notified of such regulations and rulings. L26.08 If the member ceases to be employed by the Board, withdraws from the agreement of paid leave, or

dies prior to taking the leave of absence, the Board shall pay to the member or the member’s estate, as the case may be, the full amount of the salary held back together with the accrued interest as soon as possible but no longer than three (3) months from the time of withdrawal or death whichever is applicable.

L26.09 a) The member shall return to their original position/location held by the member prior to the commencement of the leave, if it still exists, or to a comparable position if it does not, subject to Article L42, Layoff and Recall. b) Sick Leave Credits will not accumulate during the year spent on Leave, but will be reinstated on return. c) There shall be no break in seniority or service because of the leave. L26.10 A member may withdraw voluntarily any time prior to January 31st proceeding the year the leave is to

be taken. L26.11 In cases of voluntary withdrawal, the Board reserves the right to charge an administrative cost to the

member to a maximum of $100 per year ARTICLE L27 SICK LEAVE (As per Part A – Central Agreement – Page 12-15)

L27.01 To qualify for sick leave, a member who is absent from duty for a period exceeding five (5) consecutive

days may be required to produce a medical certificate of illness from a qualified medical or dental practitioner, when requested to do so by the Board. The Board shall reimburse the member for the cost of the requested medical certificate of illness.

ARTICLE L28 E.I. REBATE

L28.01 The Board shall continue to pay the Employment Insurance rebate to employees. ARTICLE L29 PERSONS \ POSITIONS OUTSIDE THE BARGAINING UNIT

L29.01 Where a member of the Bargaining Unit successfully applies for and accepts a temporary vacant

position within the Board but outside of the Bargaining Unit, the Employer shall notify the Union of the Employee’s name and the date that the Employee will commence duties in the new position.

L29.02 A member of the Bargaining Unit who accepts a temporary/term position, with the Employer, for a

maximum period of one (1) year, shall have the right of return to their former position within the Bargaining Unit. Such member shall continue to accumulate seniority during such period.

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L29.03 In the event a member of the Bargaining Unit accepts a temporary position outside of the Bargaining Unit, but within the Board, all terms and conditions of the temporary position shall apply to the member. The member will be required to continue to pay Bargaining Unit Union dues during the term of the temporary position.

L29.04 Where a member of the Bargaining Unit accepts a permanent position outside the Bargaining Unit,

they shall not have a right of return to a Bargaining Unit position. ARTICLE L30 JOB POSTING AND STAFFING

L30.01 When a position becomes vacant, or a new position is created, the Board shall post the vacancy, unless

otherwise agreed by the Bargaining Unit. A vacancy shall occur when an incumbent leaves the position, or moves to a new position within the Board.

L30.02 A vacant position shall be posted within ten (10) working days. L30.03 Postings will include the following information: position title, a summarized description of the duties

and responsibilities, the qualifications and ability requirements for the position, position status (permanent or temporary), salary range, expected start date, location of position, hours of work, closing date for acceptance of applications, where applications are to be sent.

L30.04 All vacant positions (permanent or temporary) will be posted internally for a minimum of five (5)

working days through the Board’s electronic mail system and on the bulletin board in the Plant Services Department. All postings will be available in hard copy from the Human Resources Department.

L30.05 Employees, who are members of the Bargaining Unit, and have applied for the vacancy, shall be given

first consideration, prior to candidates external to the Bargaining Unit, for vacancies that have been posted.

L30.06 In filling vacancies under this Agreement, the Board shall base its decision on the applicant’s

qualifications and ability to perform the duties of the position. When these factors are equal, seniority shall be the deciding factor.

L30.07 Within five (5) working days of the date of appointment of the successful candidate to the position,

the Employer shall notify the unsuccessful candidates of the final selection and acceptance by a successful candidate.

L30.08 The unsuccessful candidates shall be given the opportunity to have a debriefing which shall be

scheduled within ten (10) days of the decision being made. L30.09 a) Upon the creation of a new position in the Bargaining unit the Board shall create a new job description and determine the salary band of the position using the agreed to job evaluation system and wage grid as noted in this Collective Agreement. The Union shall be provided, in writing with a copy of the job description and the evaluation used to determine the placement in the salary band. b) Within six months of the position being filled, the Board and the Union shall jointly review the job description and make changes as required. A joint committee shall evaluate the position

using the agreed to job evaluation system.

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c) The agreed to job descriptions that are in place at the time of ratification of this agreement shall be reviewed once a year by a joint union and board committee. d) When a job description (including skills, qualifications and experience) changes significantly, the position shall be re-evaluated using the agreed evaluation/re-evaluation system, by a joint Union/Board committee. Such evaluation shall occur subsequent to the review of the job descriptions as noted in item c). e) Any change in classification that results in a salary band change following joint re-evaluation, shall be retroactive to the date the new or additional responsibilities were assigned. f) For the purposes of this Article, the “agreed to evaluation system” is the system that was used to evaluate the present bargaining unit positions in June/July, 2001.

ARTICLE L31 JOB DESCRIPTIONS

L31.01 a) the Board reserves the right to create new permanent or temporary positions during the life of this agreement. Should such position be created, it will be discussed in Labour Management Committee, and any position that is placed in the bargaining unit will be subject to the

provisions of this Article. b) Upon the creation of a new position in the Bargaining unit the Board shall create a new job description and determine the salary band of the position using the agreed to job evaluation system and wage grid as noted in this Collective Agreement. The Union shall be provided, in writing with a copy of the job description and the evaluation used to determine the placement in the salary band. c) Within six months of the position being filled, the Board and the Union shall jointly review the job description and make changes as required. The Labour Management Committee shall evaluate the position using the agreed to job evaluation system. d) The agreed to job descriptions that are in place at the time of ratification of this agreement shall be reviewed once a year at Labour Management Committee. e) When a job description changes significantly, the position shall be re-evaluated using the agreed evaluation/re-evaluation system, by Labour Management Committee. Such evaluation shall occur subsequent to the review of the job descriptions as noted in item c). f) Any change in classification that results in a salary band change following joint re-evaluation, shall be retroactive to the date the new or additional responsibilities were assigned. g) For the purposes of this Article, the “agreed to evaluation system” is the system that was used to evaluate the present bargaining unit positions in June/July, 2001.

ARTICLE L32 COMMUNICATIONS

L32.01 a) The Union shall have access to reasonable space on a bulletin board at their work location for the purpose of communicating information to their members. In addition, each work site shall have a mail receptacle accessible to all casual/supply members. b) It is agreed between the parties that access to the Board’s electronic mail system (e-mail) for union business will be restricted to Union Officers. c) Access to the Board’s e-mail system for purposes of union business (notification of meetings and/or urgent Union business) will not be conducted during working hours. It is understood and agreed by the parties that this privilege will not be abused. d) Should the bargaining unit use school/board fax or photocopy equipment suitable arrangements will be made to cover the cost of supplies used.

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L32.02 All correspondence between the parties shall pass between the Board’s Superintendent of Human Resources or his/her designate and the President of the Bargaining Unit with a copy to the Manager of Plant Services unless otherwise stipulated in any provision of this Agreement.

ARTICLE L33 HOURS OF WORK

L33.01 Each work week shall be forty (40) hours of work, worked in five (5) days, Monday to Friday, inclusive

of eight (8) hours each day. L33.02 The scheduled hours of work shall be 8.00 a.m. to 4.30 p.m. each day. L33.03 Each employee shall be entitled to one half (½) hour unpaid lunch break to be scheduled as close as

possible to the mid-point of the work day. L33.04 Each employee shall be entitled to two (2) fifteen (15) minute break periods per work day. One break

shall be taken in the first half of the employee’s work day and one break in the second half of the employees work day. Such break shall be scheduled as close as possible, (depending upon the assignment at the time) to the mid-point of the half shift.

L33.05 a) Should the need for modified hours of work be identified, the Labour Management Committee shall examine the need for present employees to work modified hours. b) The Labour Management Committee shall discuss the required needs and propose procedures to meet the required needs. c) The representatives shall report back to their respective parties. L33.06 Summer Hours a) Members may request to work a modified summer hour schedule of four (4) ten (10) hour days during the month of July and August. b) Requests for summer work hour schedules are to be submitted on the Employer “Vacation Request/Summer Hour Request” form and submitted to the immediate supervisor no later than May 30th of each year. c) It is understood that employee and trade coverage is required Monday through Friday during July and August. Should the availability of trades/employees be adversely impacted, the Employer shall use seniority as a deciding factor for approving summer hour schedule. d) A final summer hour schedule shall not be approved and distributed until all vacation and holiday requests for the July/August time period have also been received and processed to ensure coverage. Such vacation request processing shall be completed by June 15th. e) Summer hours, once approved, are in effect from the first full week of July and up to and

including the second last full week of August, excluding the Civic Holiday week in August during which normal work hours are in effect. ARTICLE L34 OVERTIME

L34.01 The Board may request an Employee to work overtime; such request shall be in accordance with this

Article. Overtime is authorized time worked as indicated in 34.02 of this Article. Unauthorized overtime shall not be compensated. Overtime shall be voluntary.

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L34.02 a) Overtime shall be paid at one and one half times the employee’s regular hourly salary rate for: i) all work in excess of eight (8) hours per day ii) all work in excess of forty (40) hours per week iii) all work performed on a Saturday iv) all work performed on a recognized paid holiday, plus any holiday pay to which the member was entitled to pursuant to Article 36, Recognized Paid Holidays. b) Overtime shall be paid at double the employee’s regular hourly salary rate for all work performed on a Sunday. L34.03 An employee who has left the premises of the Board following his/her normal work day and is called

back to work without previous notice, shall be paid a minimum of three (3) hours at one and one half times his/her regular hourly salary rate.

L34.04 When approved overtime is required it shall be offered to the members in the following order: a) In order of seniority, beginning with the most senior member, in the specific trade required to perform the work and being immediately available. b) The overtime shall be offered by moving down the seniority list each time work is available. If a member refuses overtime when it is their turn, it is then offered as outlined above. The next time, available overtime work is offered first to the next member on the original list, rotating through the list to ensure equal distribution of the work to the members in the specific trade required. Should a member be unavailable then overtime will be offered, in order of seniority, beginning with the most senior to the next closest trade qualified to perform the job as outlined in their job descriptions. c) This process shall not apply to after hour emergency response. d) Once a member in a specific trade required has agreed to work the overtime, an assistant (if required) shall be selected from the overtime list based on trade specifics and seniority. If the assistant does not need to be trade specific, then the next employee of the overtime list shall be considered eligible. L34.05 a) A member who is required to be “on call” for those hours outside of the regular work day will be compensated for the number of hours they are “on call”. A member shall be “on call” on a voluntary basis only. On call rates are as follows: September 1, 2014 $2.50 September 1, 2016 (1% increase) $2.53 The 98th day of the 2016-2017 school year (0.5% increase) $2.54 b) A member while “on call” shall have use of the Board vehicle for official Board business, outside of normal working hours for the period they are “on call”. This includes travel to and from their residence to work. c) On call procedures as developed by the Board and the Bargaining Unit will be posted in the Plant Services Building. Prior to any amendments or revisions being made, they will be discussed at the Labour Management Committee Meeting.

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L34.06 An employee who has accumulated overtime hours shall receive either the appropriate payment as

earnings, calculated at the appropriate premium rate, or time off in lieu of payment with the lieu time reflecting the appropriate premium rate.

Overtime may be accumulated for a maximum of twelve (12) months to be used as lieu time, and may

be carried over until the anniversary date of hire of the member. If the lieu time has not been taken, the employee shall be compensated at the appropriate rate of pay. Requests for scheduling the lieu time must be made at a rate of equivalent notice to the time taken in lieu (ie: l day lieu - l day advance request) prior to the date being requested to the employee’s supervisor. A request for scheduling lieu time of five or more consecutive working days during July and August only, shall be made by June 1 of that year. Such approval of the time shall be based on operational requirements and shall not unreasonably be withheld.

L34.07 An employee who works three consecutive hours of overtime shall be entitled to one paid fifteen (15)

minute break in each three (3) hour period. L34.08 An employee who works more than four (4) consecutive hours of overtime shall be entitled to one half

(½) hour of unpaid meal time. ARTICLE L35 JOB SECURITY

L35.01 The number of full time equivalent employees in the Bargaining Unit at the time of ratification of this Agreement shall not be reduced during the term of this Collective Agreement. ARTICLE L36 RECOGNIZED PAID HOLIDAYS

L36.01 All maintenance employees are entitled to the following paid holidays: New Year’s Day Civic Holiday Easter Monday Good Friday Labour Day Victoria Day Thanksgiving Day Canada Day Christmas Eve Day Christmas Day Boxing Day Family Day L36.02 Each employee is entitled to one (1) floating holiday per calendar year. Entitlement shall begin after the six (6) months probationary period. Such day is to be scheduled at a date agreed to by the member and the member’s supervisor. Such request shall not unreasonably be denied.

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ARTICLE L37 VACATIONS WITH PAY

Vacations with pay will be granted in accordance with the following: L37.01 (a) Vacation entitlement will be based on the employee’s anniversary date. (b) Vacation days shall be accrued and credited each pay period. (c) Vacations shall be accrued based on continuous service, as follows:

LENGTH OF CONTINUOUS SERVICE LENGTH OF VACATION

Less than twelve months continuous service Two weeks paid vacation time pro-rated by FTE and hire date

Twelve months continuous service - Two weeks paid vacation time. One of these two weeks may be taken after completion of six months of service.

After twenty-four months of continuous service, but less than three years continuous service

Three weeks paid vacation time.

Three years continuous service, but less than twenty-five years continuous service

One additional day paid vacation in addition to the vacation entitlement outlined above. This day shall be granted annually and continue to accumulate to a maximum of twenty-five days.

Twenty-five years or more of continuous service One additional week of vacation in addition to the vacation entitlement outlined above The member may choose to take this additional single week as vacation or as a cash payment in lieu of taking vacation time. Total vacation time under this clause shall not exceed thirty days in any given year.

L37.02 Vacation periods shall be scheduled by completing a vacation schedule request which shall be

forwarded to the immediate supervisor. Where conflicts in scheduling arise, vacation choice shall be awarded in order of seniority within the job category. The approval of such requests shall not be unreasonably denied.

L37.03 An employee may carry forward for a maximum of six (6) months up to a maximum of two weeks’

vacation entitlement that was not used in the year it was earned. If such vacation is not used within the six (6) month period, the employee shall receive pay at the normal salary rate for such time that was not used. In extenuating circumstances the time period may be extended by mutual agreement, in writing, between the Board, the employee and the Bargaining Unit president.

L37.04 If a statutory holiday falls within an employees’ scheduled vacation time, the employee shall be

entitled to an extra day for the statutory holiday. L37.05 An employee who is confined to hospital, or suffers a bereavement in the immediate family during

scheduled vacation shall, upon presentation of verification, be permitted to reschedule an equivalent number of vacation days at a mutually agreed upon time. Such agreement shall not unreasonably be denied.

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L37.06 a) Requests for vacation during July and August shall be submitted to the immediate supervisor no later than May 15th of each year. Members shall be provided a response to the request by June 1st. The approval of such request shall be based on operational requirements and shall not be unreasonably denied. b) Requests for vacation outside of the July/August vacation period shall be submitted to the immediate supervisor two weeks prior to the intended period of vacation. Request for one day vacation outside of the July/August vacation period shall require three days notice. L37.07 An employee hired to a permanent position without a break in service, from a temporary position,

shall have their time while employed in such temporary position credited for the purposes of vacation calculation.

ARTICLE L38 ALLOWANCES

L38.01 Travel The Board shall pay to each member who is authorized to use their own vehicle on approved Board

business a mileage (kilometre) rate in accordance with Board procedures. L38.02 Uniforms a) The Employer shall provide to each employee the following: i) 4 work shirts and 4 pair of work pants annually ii) 1 work parka or bomber jacket every two (2) years iii) 1 spring jacket every two (2) years iv) An allowance of two hundred and twenty-five dollars ($225.00) per calendar year for the purchase of seasonal boots and shoes (approved safety footwear) and insoles upon presentation of proof of purchase. b) Uniforms are to be well maintained and worn when required. All maintenance employees shall be provided with Board identification that shall be worn on Board premises. c) Temporary employees will not be provided with a uniform but shall wear appropriate attire including a collared shirt. L38.03 The Board shall continue to provide employees with the appropriate tools as approved, to perform

their duties. L38.04 Each member will have the opportunity to purchase for their personal use, one (1) computer system as

approved by the Board designate. The following conditions will apply: 1) maximum value of $3,000, 2) promissory note signed by the employee, 3) maximum two (2) year repayment schedule, 4) repayment plan to include cost of computer and related financing cost, 5) repayment through equal payroll deduction. ARTICLE L39 HEALTH AND SAFETY

L39.01 Both parties recognize their obligation to maintain a safe and healthful environment for employees,

and to carry out all duties and obligations as legislated under the Ontario Occupational Health and Safety Act, Revised Statutes of Ontario 1990 Chapter 0.1, as amended, R.R.O., 1990, Reg. 851 as amended y O. Reg. 516/92, O. Reg. 630/94, O. Reg. 230/95 and O. Reg. 450/97, R.R.O. 1990, Reg.

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834, Issue Date of this Edition: October 1998. L39.02 A member of this Bargaining Unit shall be a member of the Board’s Joint Health and Safety Committee. L39.03 The Bargaining Unit’s representative to the Joint Health and Safety Committee shall be reimbursed by

the Employer for any approved expenses incurred while performing their duties. L39.04 Any employee covered by this Collective Agreement who represents workers on the Joint Health and

Safety Committee shall be eligible to participate in approved certification training programs. The Employer shall provide paid time off for the representative to participate in this approved training program with no loss of salary and benefit. The Employer shall pay the costs of the registration, materials for the training program.

L39.05 The Bargaining Unit member of the Joint Health and Safety Committee shall be permitted to carry out

their duties, in accordance with the Ontario Occupational Health and Safety Act, revised Statutes of Ontario, 1990 Chapter 0.1, as amended, R.R.O., 1990, Reg 851 as amended by O. Reg. 516/92, O. Reg. 630/94, O. Reg. 230/95, and O. Reg. 450/97, R.R.O. 1990, Reg. 834, Issue Date of this Edition: October 1998.

L39.06 The Employer shall provide and maintain at no cost to the employee all personal protective

equipment, clothing, or devices required by law. ARTICLE L40 PROBATIONARY PERIOD

L40.01 a) A newly hired employee shall be on probation for a period of six (6) months from the date of hire into a permanent position. This shall be the only probationary period served as a member of this Bargaining Unit. b) An employee hired to a permanent position without a break in service, having served in a temporary position, shall have their time served in the temporary position credited toward their probationary period. Once the probationary time period is complete, such employee shall be placed on the seniority list immediately. L40.02 After completion of the probationary period, the employee shall be added to the seniority list with a

seniority date effective from the original date of hire as outlined in Article 41 Seniority. ARTICLE L41 SENIORITY

L41.01 a) For permanent members of this Bargaining Unit on staff as of the date of ratification of this Agreement, seniority is defined as the length of continuous service, from last date of hire to a permanent position with the Board, and shall include all recognized seniority with any

predecessor Boards of this Board (S.M.C.D.S.B.), and seniority prior to certification. b) For permanent members hired after the date of ratification, seniority is defined as the length of continuous service in a Bargaining Unit position from date of last hire to the Bargaining Unit and shall include seniority as a temporary employee as outlined in Article 53 - Temporary Employees. L41.02 A probationary employee will not be placed on the seniority list until the employee has completed the

probationary period as stated in Article 40. After completion of the probationary period, the seniority

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of the employee shall be dated back to the last date of hire. L41.03 a) The Board shall establish a seniority list for permanent members by start date showing each member’s name, seniority credit, work location, hours worked, and job classification. b) Such seniority list shall be arranged from most senior to the most junior employee. c) Such list shall be brought up to date and sent to the President of the Bargaining Unit by January 30th of each year. d) In compiling the seniority list, all ties shall be broken as follows: i) the member with the most total experience with the Board shall be considered the most senior ii) if still tied, the seniority standing of the member shall be determined by a method of lot mutually agreed upon by the Board and the Bargaining Unit. L41.04 When a member contests the accuracy of that member’s own position on the seniority list, the

Bargaining Unit President and Human Resources shall meet to clarify the position. L41.05 If a member accepts a temporary assignment, to a non-Union position with the Board, outside the

Bargaining Unit, of twelve (12) months or less in duration, the member shall continue to accumulate seniority. The member shall continue to pay Union dues during such time of assignment.

L41.06 A member will continue to accumulate seniority under the following conditions: a) during an absence due to illness or injury b) while on WSIB c) while on an approved leave of absence as provided under this Agreement d) while on Pregnancy or Parental Leave e) while working scheduled time (which includes vacations and holidays) f) while on layoff and continues to maintain rights of recall L41.07 If any employee of the Board who is not covered by this Agreement transfers to a position covered by

this Agreement, then their seniority shall commence as of the date of his/her transfer to the Bargaining Unit.

L41.08 A Member shall lose seniority under the following conditions: a) if the member terminates employment with the Board b) if the member fails to return to work after the expiration of any leave granted, without a bona fide reason c) if the member is discharged and such discharge is not reversed through the

grievance/arbitration procedure or other legal procedure available to the member d) if the member fails, after a layoff, to return to work within ten (10) working days after the Board has given the member notice of recall by registered mail, unless an extension is granted by the Board due to an emergency or other reason e) if the member is absent from work in excess of five (5) working days without sufficient cause of without notifying the Employer f) if the Member is laid off by the Board and has exhausted all rights of recall under Article 42 Layoff and Recall g) if the member accepts a permanent position with the Board outside the Bargaining Unit

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ARTICLE L42 LAYOFF AND RECALL

L42.01 A layoff shall be defined as the elimination of a permanent position held by a member of the

Bargaining Unit. L42.02 In the event of a lay-off, employees will be laid off in reverse order of seniority in the Bargaining Unit,

provided the remaining Employees are skilled and qualified to do the work. L42.03 Employees who are laid off shall continue to accumulate seniority for up to twenty-four (24) months

while on lay off. L42.04 An employee laid off will be given the opportunity of bumping, in order of seniority an employee with

less seniority in the following order: i) an employee with less seniority in the same classification for which the employee is qualified to perform the duties of the job, if there is no less senior employee, then ii) an employee with less seniority in the next lowest classification for which the employee is qualified to perform the duties of the job iii) if the employee does not bump, the employee shall be laid off L42.05 The Employee shall make their decision to bump and to which position, or to be laid off, within ten

(10) days of receipt of notice of layoff. Such decision shall be made in writing to Human Resources, and to their immediate Supervisor.

L42.06 An employee who bumps into a position with less pay shall have their pay level frozen until the pay

they would earn in the new position catches up or exceeds that at which they were red circled. L42.07 Employees who have changed positions under this Article shall have the right of reinstatement to their

former position, if such becomes available within twelve (12) months of accepting the new position. The employee shall be reinstated at the salary step that would have been attained had there been no change in positions.

L42.08 An Employee who is given notice of layoff may, in writing, waive the right of recall and receive a

severance allowance equal to two (2) weeks’ salary for each year of service. The Board shall have no further obligation to any employee who elects to receive a severance allowance and they shall be considered terminated from employment with the Board.

L42.09 An employee on lay-off and maintaining the right of recall shall have the right to maintain participation

in the benefit plans held prior to being laid off, should the plan permit. The employee shall pay the full cost of the plans for the duration of the lay-off period of twenty-four (24) months.

Recall Procedure

L42.10 An employee on lay-off and maintaining the right of recall will be entitled to recall in order of greatest seniority with the Bargaining Unit provided the individuals have the qualifications to fill the position for which they are recalled.

L42.11 No new employee will hired until all persons on layoff have been given an opportunity for recall in

accordance with this Article. L42.12 An employee who accepts a position in accordance with this Article shall be reinstated as though there

had been no interruption in service with full rights and benefits unless specifically modified by this

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Agreement. L42.13 All employees eligible for recall shall file with the Employer and the Bargaining Unit their most recent

address and telephone number. L42.14 The Employer shall send notice of recall to the eligible member(s) on lay-off by registered mail. L42.15 If an employee is recalled to a permanent position from layoff within twenty-four (24) months of the

date of layoff, the employee’s seniority and sick leave will be reinstated as if there was no interruption in service.

ARTICLE L43 CONTRACTING OUT

L43.01 No member of the Bargaining Unit shall be laid off or suffer a reduction of regular hours, or salary, due

to contracting out of current Bargaining Unit work that is currently performed by Bargaining Unit employees for the duration of this Collective Agreement.

L43.02 The Employer agrees that work normally performed by the employees within the Bargaining Unit shall

continue to be performed by the employees within the Bargaining Unit for the duration of this Agreement.

L43.03 The parties agree that the Employer may contract out surplus or special work as per current practice

and should there be any concerns or issues related to the process of contracting out they shall be brought forward and discussed at a Labour Management Committee Meeting.

ARTICLE L44 USE OF CO-OP STUDENTS

L44.01 The parties recognize that the Board is a learning environment and as such, supports the ability of the

Board to provide learning opportunities for students at all levels. L44.02 Should a strike or lock-out involving employees occur, co-op students shall be immediately removed

from the workplace where employees perform their job functions. L44.03 If at any time, there is a disagreement about the Work Placement Program or a co-op student’s

activities while in the workplace, the Bargaining Unit President will contact the Manager-Plant Services or designate to convene a meeting of representatives from the Bargaining Unit work site and appropriate administrative staff in order to attempt to alleviate the problem.

L44.04 Employees shall not have their duties modified nor their hours of work changed or reduced owing to

the use of co-op students in the workplace. L44.05 No employee shall be laid off nor shall the Employer refuse to recall a laid off employee owing to the

use of co-op students in the workplace. L44.06 The Employer shall not refuse to fill vacancies owing to the use of co-op students in the workplace. L44.07 Co-op students shall be paid at an hourly rate which is 20% lower than the starting salary for Band E of

the negotiated salary grid.

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ARTICLE L45 PENSION PLAN

L45.01 A member who does not hold certification as a teacher shall have the opportunity to become a

member of the Ontario Municipal Employee’s Retirement System (O.M.E.R.S.) consistent with the terms and conditions of the Ontario Benefits and Pensions Act, and O.M.E.R.S. All new employees who do not hold certification as a teacher shall become a member of the Ontario Municipal Employee’s Retirement System (O.M.E.R.S.) Pension Plan consistent with the terms and conditions of the Ontario Benefits and Pensions Act and O.M.E.R.S.

L45.02 A member who holds certification as a teacher shall become and remain a member of the Ontario

Teacher’s Pension Plan (T.P.P.) L45.03 The Board shall maintain any and all pension plans to which members of this Bargaining Unit belong

prior to signing of this Agreement. L45.04 Present employees who are less than full time shall be given the option of joining the O.M.E.R.S.

pension plan consistent with the terms and conditions of the Ontario Benefits and Pensions Act, and O.M.E.R.S.

New permanent employees of the Board shall be enrolled in O.M.E.R.S. upon commencement of employment with the Board consistent with the terms and conditions of the Ontario Benefits and Pensions Act, and O.M.E.R.S.

For those employees who may not meet the criteria upon beginning employment with the Board, they shall be enrolled immediately upon fulfilling the requirements.

L45.05 The Board shall make the appropriate deductions from the member’s pay and submit to O.M.E.R.S. or

T.P.P. as the case may be. ARTICLE L46 BENEFITS

L46.01 All members of the Bargaining Unit shall be covered by the benefit plans as provided by the current

carrier, listed below: a) Life Insurance will be provided up to $75,000 for all members of the bargaining unit upon their enrolment in the group benefits plan. Members may choose coverage beyond this amount, in increments of $25,000, to a maximum of $300,000 at their full premium cost. b) Extended Health Care: Single or Family Plan including semi-private hospital care Vision Care –single or family plans with eyeglasses at $300.00 every two (2) years, this amount Includes laser eye surgery. Hearing Aids - up to $500.00 every three (3) years c) Dental Plan - Single or Family at the current ODA rate Part A - Preventative, Part B - Restorative Deductible per family unit - $25.00 total combined Vision, Hospital, and Supplemental Health Care Complete description of benefits coverage, including reimbursement rates, shall be as outlined in

Appendix A, and shall form part of this Agreement. L46.02 The Employer shall pay an amount equal to 95% of the premium during the term of this Collective

Agreement beginning with the first of the month following ratification of this Agreement for the benefits outlined in 46.01.

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L46.03 Members working less than 25 hours per week may be enrolled in the group plans at their own

expense. The Employer will cover the administrative costs for such employees. L46.05 The following benefit plans will be administered by the Board and the full premium costs are the

responsibility of the member: A. Dental Insurance - Single or Family Plan Part C - Orthodontic B. Long Term Disability L46.06 The remaining portions, and/or full cost of the premiums as the case may be, of the Plans listed above,

shall be paid by the members by means of equal payroll deduction. L46.07 The agreement to pay the cost, in whole or in part, of a group benefit plan, shall not be construed as

an intention or obligation on the part of the Board to pay or provide the benefits under such group plan to any member should the insurer fail or refuse to pay or provide same, in whole or in part.

L46.08 Coverage’s in the plans listed above are available to members on approved Leaves of Absence granted

in accordance with the terms of this Agreement. Premium costs become the responsibility of the member for the duration of the leave except as provided otherwise in this Agreement. Arrangements for such coverage’s must be made with the Board no later than two (2) weeks prior to the commencement of the leave.

ARTICLE L47 PAY SCHEDULE

L47.01 The regularly scheduled pay day shall be bi-weekly, every other Friday. Pay shall be by direct deposit

to the employee’s financial institute as on record with the Employer, with an electronic pay statement issued to the employee on or before the pay date.

L47.02 Employees shall be paid in accordance with Schedule “A” of this Agreement. ARTICLE L48 PROFESSIONAL DEVELOPMENT

L48.01 a) There shall be one (1) Professional Development Day per year scheduled for the members of the Maintenance Bargaining Unit. Training for the members shall be arranged for by the Employer. b) Each year, the labour Management Committee will meet in June to begin preliminary preparation and discussion of that year’s professional development activities and training. For clarity, the Professional Development Day shall occur between September 1st and December 31st each year or a mutually agreed date. c) For the 2016/2017 school year there shall be two (2) Professional Development Days. L48.02 Members of the Bargaining Unit shall attend the Professional Development Day and shall be treated as

if they were at work. ARTICLE L49 TRAINING AND TUITION

L49.01 The Employer shall cover reasonable costs for employees who attend training programs at the request

of the Employer at approved institutions or conferences off-site where such training relates to jobs within the Bargaining Unit. Where the training program is conducted by the Board during regular

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working hours, time spent in such program shall be considered, for the purposes of salary and benefits, to be time worked. Overtime shall not be paid for attendance at off-site training programs.

L49.02 The Employer shall reimburse to each member the cost of meals incurred while attending a training

programs as identified in 49.01 where meals are not provided and receipts are submitted. Payment under this Article shall be consistent with Board Guidelines.

L49.03 The Employer shall provide training opportunities as required related to the introduction of new

equipment, technology or practices that directly impact the work of an Employee within the Bargaining Unit.

L49.04 Employees whose position is reduced or deleted due to the introduction of new automated equipment

or technology shall be retrained as may be required to maintain a position within the Bargaining Unit. L49.05 The Employer shall reimburse members for tuition fees upon successful completion of an Employer

pre-approved course which is job related. Such reimbursements shall be provided upon proof of successful completion of the course and submission of proof of tuition fee.

ARTICLE L50 ADVERSE WEATHER CONDITIONS

L50.01 Schools remain open for service to students during inclement weather conditions even when bus

service to schools is cancelled. Schools may be closed only under the sole authorization of the Director of Education.

In circumstances where travel to schools or work locations is not reasonably safe due to weather

conditions, the following provisions shall apply: a) A member must report for work to their nearest school or work location that can be reached safely. b) If a member is unable to reach any school or work location they must report their absence to the board (ARCS) and make contact with their supervisor to confirm their situation and availability to report for work should conditions allow. c) A member must report to Plant Services or the nearest school/board location should weather/road conditions allow such travel during the course of the day. d) If a member fails to comply with the above, they shall be deemed as absent from work and will not be paid for the day. e) If weather conditions worsen during the day after members have already reported to work, the employer shall allow members to go home as early as possible. L50.02 Where school buses are cancelled in an area, vans will not be required to travel in that area unless to

respond to an emergency situation. ARTICLE L51 DEFINITIONS

Bargaining Unit The term Bargaining Unit shall mean the Maintenance Unit, Ontario Secondary School Teachers’ Federation. Board/Employer The term “Board” and/or “Employer” shall mean the Simcoe Muskoka Catholic District School Board.

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Employee: The term “employee” as used herein shall mean all employees as described in Article 2 - Recognition of this Collective Agreement Full-time Employee The term “full-time” employee shall mean an employee employed who works forty (40) hours per week as defined in the Collective Agreement. Immediate Family The term “immediate family” as used herein shall include the employee’s spouse, son or daughter, mother, father, sister, brother, step-children, step-sister, step-brother and step-parents or immediate in-laws and grandchildren. Instructional Day The term instructional day as used herein shall mean a day in which pupils are in attendance, as defined in the annual School Year Calendar, as approved by the Ministry. Member The term “member” shall mean a member of the Bargaining Unit. Part-time Employee The term “part time” employee shall mean an employee employed who works less than forty (40) hours, per week as defined in the Collective Agreement. Permanent The term “permanent” shall apply to all permanent and probationary employees of the Bargaining Unit who hold a permanent position. School Day The term school day as used herein shall include instructional days and professional activity days as defined in the annual School Year Calendar, as approved by the Ministry. Union The term Union shall mean the Ontario Secondary School Teachers’ Federation. Working Day The term “working day” as used herein shall mean a day other than Saturday, Sunday or a recognized holiday. ARTICLE L52 GENERAL TERMS

L52.01 Wherever the feminine gender is used, it shall be deemed to include reference to the masculine

gender, wherever applicable, and wherever the singular is used it shall be deemed to include reference to the plural, wherever applicable.

L52.02 The Board shall not require any employee of the Bargaining Unit to make any written or verbal

agreement which contravenes the terms of this Agreement. L52.03 The term “Board” and “Employer” may be interchangeable for the purpose of this Agreement. L52.04 Letters of Agreement and Letters of Understanding shall form part of this agreement. ARTICLE L53 TEMPORARY EMPLOYEES

The term “temporary employee” shall mean an employee hired on a temporary basis for: (a) special projects during periods of heavy workload, or (b) in cases of emergency, or (c) for replacement for employees absent due to illness or accident.

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L53.01 a) A “temporary employee” will not be employed for more than five (5) months unless replacing a permanent employee on leave. A temporary employee hired for any other reason shall not be employed for more than five (5) months without the agreement of both parties. b) A “temporary employee” who is employed for more than one year, and is not replacing a permanent employee on leave, shall become a permanent employee. L53.02 A “temporary employee” is a member of the Bargaining Unit and shall pay Union dues. L53.03 A “temporary employee” may be employed on a full time or a part time basis. L53.04 A “temporary employee” shall be paid the minimum rate of pay for the position which they are

appointed as per Salary Schedule A of this Agreement unless otherwise agreed between the Bargaining Unit and the Employer prior to the temporary hire.

L53.05 A “temporary employee” shall be paid four percent (4%) vacation pay on their total earnings at the

end of their assignment. L53.06 A “temporary employee” who works their scheduled day before and their scheduled day after a

recognized paid holiday as outlined in the Agreement, shall be paid for the recognized paid holiday. L53.07 A “temporary employee” who works less than full time shall be paid the amounts as outlined in 53.04

and L53.06 above, in the same proportion that the less than full time assignments bears to a full assignment.

L53.08 A “temporary employee” shall have their employment terminated at the expiration of the period of

employment without having established any seniority. If, however, such employees are hired to fill a permanent position then seniority shall be retroactive to the date of original continuous employment as outlined in Article 41 Seniority.

L53.09 A “temporary employee” appointed to a position shall attend the professional development days as

outlined in the Agreement, if such day falls within the term of the “temporary employee’s work assignment. Such days shall be treated as work days for such employees.

L53.10 “Temporary employees” shall not be covered by the following Articles in this Collective Agreement

unless specifically stated in the Agreement: Article # Title L13 Leaves of Absence L15 Personal Leave of Absence L17 Paternity Leave L21 Extended Pregnancy/Parental Leave L23 W.S.I.B. Supplement L25 Deferred Salary Leave Plan L26 Sick Leave L28 Voluntary Transfers L37 Vacations with Pay L38.02 Uniforms L40 Probationary Period L41 Seniority L42 Layoff and Recall L45 Pension Plan

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L46 Benefits L48 Professional Development L49 Training and Tuition ARTICLE L54 CRIMINAL RECORD CHECKS

L54.01 The Board will comply with the provisions of Regulation 322/03 of the Education Act with regard to the

collection of information regarding Criminal Background Checks. L54.02 The Board shall ensure that all records and information (including offence declarations and CPIC

records) are stored in a secure location and in a completely confidential manner. Access to such records and information shall be strictly limited to the Director of Education and the Superintendent of Human Resources.

L54.03 The Board shall not release any information obtained about an employee pursuant to Regulation

322/03 of the Education Act without permission of the employee. L54.04 The Board shall not release or report to the Ontario College of Teachers any information obtained

about an employee pursuant to Regulation 322/03 of the Education Act, unless it is required to do so. ARTICLE L55 AMENDMENTS

L55.01 Amendments to the provisions of this Collective Agreement shall be made, in writing, only by mutual

consent of the parties. Any such revision or amendment shall not become effective until ratified by the Board and the Union.

L55.02 In the event that the Federal and/or Ontario Government should pass legislation during the lifetime of

this Collective Agreement which would have the effect of altering or modifying any part of the Agreement, the parties shall meet and in good faith make every reasonable effort to sign a memorandum of agreement covering all amendments the parties deem appropriate. The remaining provisions of the Collective Agreement shall continue in effect for the duration of the Agreement.

ARTICLE L56 DURATION AND RENEWAL

L56.01 This Agreement shall be in effect from September 1, 2014 and shall continue in force up to and

including August 31, 2017 and shall continue automatically thereafter for annual periods of one year unless either party notifies the other, in writing, within ninety (90) days prior to the expiration date that it desires to negotiate with a view to renewal, with or without modifications of this Agreement, in accordance with the Labour Relations Act.

L56.02 If either party gives notice of its desire to negotiate amendments in accordance with L55.01, the

parties shall meet within fifteen (15) days from the giving of notice to commence negotiations for the renewal of the Agreement in accordance with the Labour Relations Act.

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Schedule A

Salary and Grade Levels

A.1 Employees shall be paid according to the following salary schedule: Effective September 1, 2014 Start End of 1st Band Positions Salary 6 months Anniversary A PMI, EMSC $29.06 $29.93 $30.81 B HVAC, LST, ELCT, REF MEC, MTC Spec $25.44 $26.30 $27.19 C BLD MTC LEAD HD $22.51 $23.34 $24.27 D MTC CLERK $21.41 $22.28 $23.18 E BLD MTC TECH $19.55 $20.40 $21.29 Effective September 1, 2016 1.00% Increase Start End of 1st Band Positions Salary 6 months Anniversary A PMI, EMSC $29.35 $30.23 $31.12 B HVAC, LST, ELCT, REF MEC, MTC Spec $25.69 $26.56 $27.46 C BLD MTC LEAD HD $22.74 $23.57 $24.51 D MTC CLERK $21.62 $22.50 $23.41 E BLD MTC TECH $19.75 $20.60 $21.50 Effective the 98th day of the 2016-2017 school year 0.50% Increase Start End of 1st Band Positions Salary 6 months Anniversary A PMI, EMSC $29.50 $30.38 $31.27 B HVAC, LST, ELCT, REF MEC, MTC Spec $25.82 $26.70 $27.60 C BLD MTC LEAD HD $22.85 $23.69 $24.64 D MTC CLERK $21.73 $22.62 $23.53 E BLD MTC TECH $19.84 $20.71 $21.61 A.2 When a member is assigned as a replacement in a position classified in a higher grade level, the member

shall be paid the minimum salary for the higher grade level, or the step higher than their present salary. A.3 When a scheduled absence (not including vacation) exceeds fifteen (15) days or if deemed necessary by

operational requirements a temporary lead hand shall be appointed by the supervisor. Such appointment shall be made in order of seniority from the Building Technicians Seniority listing and moving down the listing each time the opportunity is available or declined by the more senior member.

During the time of this assignment, the member shall be paid at the minimum salary for the higher grade

level, or the step higher than their present salary.

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LETTER OF AGREEMENT BETWEEN

SIMCOE-MUSKOKA CATHOLIC DISTRICT SCHOOL BOARD AND

O.S.S.T.F. MAINTENANCE UNIT RE: Position Review

It is understood between the parties that a full review of positions as they pertain to Pay Equity legislation will be undertaken by September 1, 2006 or as mutually agreed between the parties.

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LETTER OF AGREEMENT

BETWEEN SIMCOE-MUSKOKA CATHOLIC DISTRICT SCHOOL BOARD

AND O.S.S.T.F. MAINTENANCE UNIT

RE: Attendance Management

1. District 17 OSSTF reserves the right to grieve the administration and/or application of any Attendance Management Policy. 2. If the Employer intends to amend the policies and procedures with regard to the attendance support

program, discussions shall be referred to the Labour Management Committee. 3. The Employer shall ensure that all medical records and information are stored in a secure location and in a

completely confidential manner. The member may give authorization for a union representative to access the file.

4. A bargaining unit member shall have the right to Union representation at any meeting for the purpose of

discussing the member’s absences and/or attendance history.

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LETTER OF AGREEMENT BETWEEN

SIMCOE-MUSKOKA CATHOLIC DISTRICT SCHOOL BOARD AND

O.S.S.T.F. MAINTENANCE UNIT RE: Job Security and Staffing

• No Permanent member of the Bargaining Unit as at September 1, 2007 shall be laid off during the period

this Agreement remains in effect • The Bargaining Unit shall not be reduced beyond 20 full-time equivalent Employees during the period this

agreement remains in effect. • The parties agree that any funds generated under Appendix 8 of the August 18, 2008 B10: Memo shall be

applied in the following sequence: 1. recalling any permanent Maintenance employees placed on recall between 2008-2009 and 2009-2010 2. $50 allowance per member towards the purchase of safety boots to achieve a maximum total

allowance of $200 (Article 38.02 (b) 3. effective September 1, 2009 allocating ninety (90) cents per hour for purpose of on-call allowance to

achieve a maximum total on-call allowance of $2.50 per hour (Article 34.05 (a) 4. to address other staffing enhancements as mutually agreed between the parties 5. hiring new permanent Maintenance employees in 2009-2010 The parties agree to meet annually in the spring of each year to review staffing enhancement funds and allocation of such funds. The Board’s share of the PDT Funding Enhancement for this Bargaining Unit under Appendix 8 is as follows for each of the years: 2009-10 $49,340.20 2010-11 $48,998.80 2011-12 $48,592.43 The OSSTF Maintenance Bargaining Unit’s share of the Appendix 8 enhancement will be determined using Appendix H of the Board’s 07-08 Revised Estimates. Noting that these amounts are subject to change based on actual enrolments in each year as reported to the Ministry of Education

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Appendix 1 Supplemental Employment Benefits (SEB) Plan

Objective: a) The objective of the plan is to supplement the employment insurance benefits received by plan

employees for temporary unemployment caused by Pregnancy or Parental Leave. Eligibility: a) An employee must have been employed by the Board for at least six months prior to commencement of

Pregnancy, Parental or Adoption Leave. b) Members must apply for employment insurance benefit and must not be disentitled or disqualified from

receiving Employment Insurance Benefits. c) Members will receive only one SEB per birth or adoption. d) The spouse has not received a SEB from this Board for the same birth or adoption. e) Members do not have a right to SEB payments except for supplementation of Employment Insurance

benefits for the period specified in the plan. f) Members must provide the Board with proof that they are receiving Employment Insurance Benefits or

that they are not receiving benefits for reasons specified in the plan. Benefit a) The benefit level paid under this plan is set at 60% of the member’s normal weekly salary. It is

understood that in any week, the total amount of SEB, employment insurance gross benefits and any other earnings received by the member will not exceed 95% of the member’s normal weekly earnings.

b) The maximum number of weeks for which SEB is payable is the two (2) week waiting period before

Employment Insurance benefits begin. c) The plan is financed from the Board’s general revenues. A separate payroll record will be maintained for

all SEB plan payments. Changes a) The Board will inform the Canada Employment and Immigration Commission of any changes to the plan

within thirty (30) days of the effective date of the change.

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