collective agreement thunder bay catholic district school board … and... · 2016. 4. 18. ·...
TRANSCRIPT
COLLECTIVE AGREEMENT
between
THUNDER BAY CATHOLIC DISTRICT SCHOOL BOARD
and
CANADIAN OFFICE AND PROFESSIONAL EMPLOYEES UNION
LOCAL454
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September 1, 2012 to August 31, 2014
TABLE OF CONTENTS
Article 1- Purpose ............................................................................................................ 1
Article 2- Recognition ...................................................................................................... 1
Article 3- Discrimination .................................................................................................. 2
Article 4- Management Rights ......................................................................................... 2
Article 5 -Union Activity and Representation .................................................................. 3
Labour Management Committee ..................................................................... 4
Article 6- Union Security and Checkoff ............................................................................ 4
Article 7- Grievance Procedure ....................................................................................... 5
Article 8- Arbitration ........................................................................................................ 6
Article 9- Discharge .......................................................................................................... 7
Article 10- Probation/Trial Period ................................................................................... 8
Article 11- Job Posting ..................................................................................................... 9
Article 12- Seniority ....................................................................................................... 10
Article 13- Layoff, Recall, Transfer, Return to Work ..................................................... 11
Article 14- Bumping ....................................................................................................... 13
Placement Meeting ...................................................................................... 14
Article 15-Strikes, Work Stoppage, and Lockouts ........................................................ 15
Article 16- Cumulative Sick Leave .................................................................................. 15
Sick Leave .................................................................................................... 15
Workplace Safety and Insurance Board ...................................................... 16
Article 17- Leave of Absence ......................................................................................... 17
Procedure for Obtaining Leave .................................................................... 17
Bereavement ............................................................................................... 17
Compassionate Leave .................................................................................. 18
Leave for Jury Duty or Witness .................................................................... 18
Leave for Personal Reasons ......................................................................... 18
Unpaid Leave ............................................................................................... 19
Pregnancy/Parental Leave .......................................................................... 19
Paternity Leave ............................................................................................ 19
Leave to Attend Conventions and Conferences ........................................... 20
Deferred Salary Leave Plan .......................................................................... 20
Article 18- Medical Certificate ....................................................................................... 25
Article 19- Paid Holidays ................................................................................................ 25
Article 20- Vacations ...................................................................................................... 26
Article 21- Hours of Work and Overtime ....................................................................... 26
Article 22 -Insurance and Pension Plans ....................................................................... 27
Article 23- Salaries and Classifications .......................................................................... 29
Article 24- Job Descriptions and Classification .............................................................. 30
Article 25- Terms of Agreement .................................................................................... 33
Article 26- General ......................................................................................................... 33
Article 27- Technological Change .................................................................................. 33
Appendix A- Job Classifications & Categories ................................................................ 36
Appendix B- Salary Schedule ......................................................................................... 37
Appendix C- Pregnancy/Parental Leaves of Absence .................................................... 38
Letter of Intent Regarding Temporary Transfers ............................................................ 39
Memorandum of Understanding between the Government of Ontario and the Canadian Office
and Professional Employees Union date June 27, 2013
This Agreement Made and Entered Into
The 1" Day of September, 2012
And to be in effect until August 31", 2014
Between
Thunder Bay Catholic District School Board
Hereinafter Referred to as THE BOARD of the First Part
And
Canadian Office And Professional Employees Union, Local 4S4
Hereinafter Referred to as THE UNION of the Second Part
ARTICLE 1- PURPOSE
1:01 The general purpose of this Agreement is to establish and maintain collective
bargaining relations between the Board and the employees and to provide a
method for the prompt and equitable disposition of grievances and to establish
and maintain satisfactory working conditions, hours of work and wages for all
employees who are subject to the provisions of this Agreement.
ARTICLE 2- RECOGNITION
2:01
2:02
2:02 (a)
The Board recognizes the Union as the sole and exclusive bargaining agent of all
office and clerical employees of the Thunder Bay Catholic District School Board
save and except, Recording Secretaries, Departmental Secretaries- Human
Resources, Assessment Officer, Technical personnel, Transportation Officers,
Executive Secretaries, Senior clerk, and all persons in positions above the rank of
Senior Clerk, students employed on a cooperative training basis, employees
engaged temporarily under provincially or federally funded programs, supply
office staff and employees covered under other Collective Agreements with the
Board.
A part-time employee is one who is regularly employed for less than thirty-five
(35) hours per week.
Notwithstanding any other provisions of the Agreement, a part-time employee
shall be limited in the following provisions of this Agreement.
(i) The payment of overtime premium is subject to the completion of the
normal hours of work (as set out in Article 21:01) per day or per week.
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(ii) Such employees shall be entitled to the benefits of the Ontario Municipal
Employees Retirement System effective January 151, 1982.
(iii) Such employees shall be entitled to the provisions of Sick Leave as set out
in Article 16 on a pro-rated basis.
(iv) Such employees shall be paid for paid holidays provided they work the
last scheduled Board working day before the holiday and the first
scheduled Board working day after the holiday as set out in Article 19:01,
and in addition, such holiday (or substitute lieu day approved by the
Board) must fall or be scheduled on a day upon which the employee
would otherwise have been required to work.
(v) The holiday pay for a paid holiday as set out in Article 19:01 and limited
in subsection of Article 2:02 (a) herein shall be at the rate of pay for the
number of hours to which the employee would have been otherwise
entitled.
(vi) The probationary period of such employees shall be as set out in Article
10.
(vii) The seniority of such employee shall be computed on the same basis as
full time employees.
2:03 The Board agrees that work normally performed by the employees within the
bargaining unit or similar work which it has been past practice to have
performed by members of the bargaining unit, shall continue to be performed by
employees within the bargaining unit.
ARTICLE 3- DISCRIMINATION
3:01 It is agreed that there will be no discrimination, interference, restriction,
coercion, harassment, intimidation, or disciplinary action exercised or practiced
with respect to an employee by reason of age, race, creed, colour, national
origin, political or religious affiliation, sex, sexual orientation, citizenship, marital
status, family status, or membership or activity in the Union.
3:02 The parties agree with the conditions ofthe Human Rights Code.
ARTICLE 4- MANAGEMENT RIGHTS
4:01 The Union acknowledges that it is the exclusive right of the Board:
(a) to generally manage the affairs of the Board;
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(b) to maintain order, discipline and efficiency, and to establish and, from time
to time, alter rules and regulations to be observed by employees;
(c) to hire, transfer, classify, promote, lay off, recall, assign duties, and to
suspend, discipline or discharge any employee for just cause;
provided that the Board shall not exercise these rights in a manner inconsistent
with the Terms of the Agreement.
ARTICLE 5- UNION ACTIVITY AND REPRESENTATION
5:01 The Board and Union agree that Committee and executive members have
regular duties to perform and that only such time as is reasonably necessary will
be consumed by such persons in the administration of this Agreement. Union
officials may not leave their departments without first securing permission from
their immediate supervisors.
5:02 The Board will recognize four (4} employees ofthe Board who are
representatives of the employees coming within the scope of this Agreement
and a maximum of two (2) Union Representatives for the purpose of
negotiations in accordance with Article 25, Terms of Agreement.
5:03 The Board will recognize a maximum oftwo (2) Union Representatives and the
Vice President of the Unit for the purposes of acting as the Grievance Committee
in accordance with Article 7:02, Step 3.
5:04 The Union shall notify the Board, in writing, of the names of members of the
above Committee.
5:05 The Board will advise the President and Vice President, in writing, within thirty
(30} working days of all new persons hired who will become members of the
Union.
5:06 At any meeting held between the parties, the Board and the Union may have
such counsel as it deems appropriate.
5:07 Employees shall not suffer any loss of wages or benefits for attendance at joint
Board-Union meetings held during working hours.
5:08 The Board will notify the President and Vice-President of the Union, by email of
any approved leaves of absence of one (1) month or more within one (1) week of
the leave being approved by the Manager of Employee Services.
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5:09 Labour Management Committee
A Labour Management Committee comprised of equal numbers of Union and
management will meet on an informal basis at a time convenient to both parties.
The Committee shall concern itself with:
1) considering constructive criticisms to foster and promote a harmonious
workplace environment.
2) discussing maters of mutual concern pertaining to working conditions,
employment, efficiency in operations, morale, etc.
The Committee shall not have jurisdiction over wages, or any matter of collective
bargaining, including the administration ofthis Collective Agreement.
The Committee shall not supersede the activities of any other committee of the
Union or of the Employer. The Committee shall have direction and authority to
make recommendations to the Union and the Employer with respect to its
discussions and conclusions.
Meetings will be held subject to agenda and minutes.
The Union and the Board shall each appoint a chairperson who shall alternately
chair the meetings.
ARTICLE 6- UNION SECURITY AND CHECKOFF
6:01 All employees covered by this Agreement shall become members of the Union
and shall continue as such for the duration of this Agreement as a condition of
employment.
6:02 New employees shall, as a condition of employment, be required to make
application for membership in the Union and receive a copy of the Agreement
upon hire.
6:03 The Board shall forward to the President and Vice-President in writing, the
names of employees who have completed their probationary period.
6:04 The Board agrees to deduct Union Dues and Initiation Fees as laid down by the
Constitution and Bylaws of the Union from all employees recognized under
Article 2 of the Agreement.
6:05 At the end of each bi-weekly pay period, the Board shall remit by cheque to the
Treasurer ofthe Union the total ofthe deductions made.
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6:06 The Union agrees to indemnify and save the Board harmless against all claims or
demands or other forms of liability against the Board by any person that may
arise out of, or by reason of, deductions made in accordance with this Article.
ARTICLE 7- GRIEVANCE PROCEDURE
7:01 The purpose of this Article is to establish a procedure for the settlement of
complaints.
7:02 STEP 1
An employee who has a complaint relating to the interpretation, application,
administration or alleged violation of this Agreement shall first discuss the
complaint with the employee's immediate supervisor, and may have a Union
representative present if desired. Such a complaint shall be brought to the
attention of the immediate supervisor within ten {10) working days of the
incident giving rise to the complaint. The immediate supervisor shall give a
verbal reply within five {5) working days of receiving the complaint.
STEP 2
If the complaint is not resolved, it shall be reduced to writing, signed by the
employee and a Union representative and shall be presented to and discussed
with the Manager of Employee Services and parties concerned within five {5)
working days after receipt of the verbal reply in STEP 1.
STEP 3
The Manager of Employee Services shall, within five (5) working days, render a
reply in writing. If this reply is not satisfactory to the Union, the Union
Committee shall refer the grievance to the Board's Grievance Committee in
writing to the Secretary of the Board within five {5) working days after receiving
the reply from the Manager of Employee Services.
STEP 4
The Board's Grievance Committee shall arrange a meeting between the parties
to discuss the grievance within ten {10) working days of receipt of the grievance
from the Union Grievance Committee and shall, within ten (10) working days of
such meeting, give a written ruling concerning the grievance to the Union.
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STEP 5
If the written ruling from the Board's Grievance Committee fails to resolve the
grievance to the satisfaction ofthe Union Grievance Committee, the matter may
be submitted to a Grievance Mediation Officer by either party. If the parties
cannot agree on the selection of a Grievance Mediation Officer, either party may
submit to arbitration in accordance with Article 8.
The parties shall contribute equally to the expenses associated with the
Grievance Mediation Officer.
7:03 All time limits may be extended by mutual agreement in writing.
7:04 Failing settlement of the grievance, either party, within twenty (20) working days
of the Grievance Mediation Officer meeting, may apply for settlement of the
issue(s) in dispute by arbitration in accordance with Article 8.
7:05 An allegation by either party that the Agreement has been misinterpreted or
violated may be lodged in writing as a grievance, and shall be presenting to the
appropriate Grievance Committee by the other Grievance Committee as per Step
3 of 7:02.
7:06 No grievance will be considered by the Board from the Union Committee, or by
the Union from the Board, if the circumstances of such grievance occurred more
than ten (10) working days prior to its original presentation of more than ten
{10) working days prior to the griever's knowledge of the incident.
7:07 A Grievance Committee, when required, shall be comprised of the following:
two (2) members of the Board's Negotiation Committee; two (2) members of the
Union's Negotiation Committee.
ARTICLE 8- ARBITRATION
8:01 When either party requests that a grievance be submitted to arbitration, the
request shall be made, in writing, addressed to the other party of the
Agreement. If within ten {10) working days thereafter, the parties are unable to
select, by mutual agreement, a single arbitrator, then each party shall name an
individual to act as their nominee on the Board of Arbitration and the two so
named shall, within ten (10} working days, select a third person to act as
Chairperson of the Board of Arbitration. If the two named fail to agree upon a
third person within said ten {10) working days, the matter shall be referred to
the Ministry of Labour of the Province of Ontario for the appointment of a third
person to act as Chairperson.
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The above time limits may be extended by mutual agreement.
8:02 No person may be appointed as an arbitrator who has been involved in an
attempt to negotiate or settle the grievance.
8:03 The decision of the Arbitrator shall be final and binding upon both parties.
8:04 The decision of the Arbitrator shall not alter, add to, subtract from, modify or
change any of the provisions of this Agreement or to substitute any new
provisions for any existing provisions, nor to give any decision inconsistent with
the terms and provisions ofthis Agreement. The Arbitrator shall, however, in
respect of a grievance involving the suspension or discharge of an employee, be
entitled to modify or set aside such penalty if, in the opinion of the Arbitrator, it
is just and equitable to do so.
8:05 Both parties shall contribute equally to the expenses and remuneration required
by the single Arbitrator or the Chairperson of the Board of Arbitration; and each
party shall be responsible for the expenses and remuneration required by their
nominee to the Board of Arbitration.
8:06 At any stage ofthe grievance procedure, including arbitration, the parties may
have the assistance of the employee or employees concerned as witnesses and
other necessary witnesses, and all reasonable arrangements will be made to
permit the conferring parties or the Arbitrator to have access to any of the
offices to view any working conditions which may be relevant to the settlement
of this grievance.
8:07 Unless mutually agreed otherwise by both parties, the place of hearing shall be
in the City of Thunder Bay.
ARTICLE 9- DISCHARGE
9:01 When an employee has been dismissed, the employee shall have the
opportunity of meeting with a Union Representative in private for a reasonable
period of time before leaving the Board premises.
9:02 A claim by an employee that the employee has been unjustly suspended or
discharged shall be treated as a grievance and handled in accordance with Article
7:02, commencing at Step 2.
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ARTICLE 10- PROBATION/TRIAL PERIOD
10:01
10:01 (a}
10:01 (b)
10:02
10:02 (a)
10:02 (b)
10:03
Probation
New employees shall be considered as probationary employees for a period sixty
{60) days of work from the date of hire. New employees shall not bid on another
classification within the bargaining unit until such time that they have completed
their probationary period in the classification to which they were hired. In the
case of termination of a probationary employee, and where the probationary
employee grieves, the Employer shall be required to show that it acted
reasonably in judging the employee unsuitable for permanent employment. The
probationary employee shall be entitled to all rights and privileges under this
Agreement.
The Board has the option of extending the probationary period for an additional
twenty (20) days of work. The Board agrees to inform the Union, in writing, of
any employees whose probationary period is being extended prior to the
completion of the probationary period and shall state the reasons for the
extension.
Trial Period
Employees who are promoted or transferred from one job within the bargaining
unit to another job with the bargaining unit shall serve a minimum trial period of
thirty (30) days of work in their new position. Upon request of the Board, the
trial period may be extended an additional ten (10) days of work. In the case of
extenuating circumstances, the employee may request an extension of the trial
period.
If the employee does not successfully complete the trial period in the new
position within the bargaining unit, or if the employee so requests, the employee
will revert to their former bargaining unit position at the appropriate salary of
the former position and with no loss in seniority. Other employees, who may
have been promoted or transferred, because of the promotion or transfer, shall
also revert to their former positions within the bargaining unit at the appropriate
salary of the former position and with no loss of seniority. An employee who is
reverting to their former bargaining unit position during their trial period must
clearly indicate the reasons in writing to the Manager of Employee Services.
An employee may not bid on a permanent job vacancy for a period of sixty {60)
days of work from the date ofthe employee's last successful bid on a permanent
job vacancy. The above statement does not preclude an employee who has
completed their probationary period from bidding on a permanent job vacancy
in a higher paid position at any time.
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ARTICLE 11- JOB POSTING
11:01
11:02
11:03
11:04
11:05
11:06
11:07
11:08
11:08 (a)
11:08 (b)
11:08 (c)
All employees of the bargaining unit shall be notified of job vacancies coming
within the bargaining unit by a Board group email.
All job postings shall show the classification and category vacant, requirements
of the job, the time worked, and the approximate date the job is to commence.
Any job which is vacant for a period of less than five (5) months because of
illness, accident, vacation, leave of absence, shall not be deemed to be vacant
for the purposes of this Article.
Any job which is vacant for a period in excess of five (5) months for the reasons
stated in clause 11:03 shall be advertised as a temporary vacancy.
Any job which is vacant for a period in excess of twelve (12) months shall be
advertised as a permanent job vacancy.
If a position is increased (i.e. half-time to full-time), the full-time position shall be
posted.
Applicants for the vacant position shall apply, in writing, to the Manager of
Employee Services, and in no case shall the time limit for submission of
applications be less than five (5) working days from the date of delivery of notice
of the job vacancy.
Job Vacancies
The Board agrees to fill job vacancies in order of seniority within the bargaining
unit before hiring new employees, provided the applicants have the appropriate
qualifications for the vacant position based on the job description applicable to
the position. The Board will inform the Union ofthe selection made and the
basis for such selection, within ten {10) working days.
Notification of subsequent permanent job vacancies arising from the filling of the
original position shall be in accordance with clauses 11:01 and 11:02, and the
limit for submission of applications shall be not less than three (3) working days
from the date of delivery.
The successful applicant for a temporary vacancy shall revert back to their
previously held position upon return to work of the employee whose position
was so filled or upon the position becoming a permanent job vacancy.
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11:08 (d)
11:08 (e)
11:09
11:10
Where deemed necessary by the Board, employees shall be provided with
training and/or instructions on procedures and equipment.
In the case of a position that has been posted, and the employee decides to
revert to the employee's previous position, the position shall be awarded in
accordance with clause 11:08 (a) and from the remaining applicants to the
original posting.
All applicants have the right to discuss with the appropriate official the reason
for rejection of their application.
If an employee on an unpaid leave of absence is the successful applicant on a job
posting, the leave of absence shall be terminated. It is understood that
candidates who choose not to terminate their leave of absence would forfeit
their right for consideration of the position. This would not apply to pregnancy
or parental leaves granted in accordance with the Employment Standards Act
(Pregnancy and Parental Leave).
ARTICLE lZ- SENIORITY
12:01 (a}
12:01 (b)
12:01 (c)
12:01 (d)
12:02
Seniority for new employees shall be established as the hiring date, upon
completion of the probationary period.
Seniority shall mean length of continuous services with the Board since date of
last hire in the bargaining unit.
Seniority list showing employees' seniority and classification shall be provided
twice a year (March and October) to the Union members by Board group email.
If employees do not challenge their placement on the seniority list within the
first thirty (30) calendar days from the date their name appears on the most
current seniority list, then it is deemed that the list is correct.
In the event of two employees having identical seniority dates, a draw shall be
conducted at the time of hire by the Manager of Employee Services, or
designate, in the presence of the employees concerned, or their designated
representative(s) to determine their order of appearance on the seniority list.
Loss of Seniority
An employee shall lose all seniority rights and shall be deemed terminated for
any of the following reasons:
(a) voluntary resignation;
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(b) discharge for cause (providing employee is not subsequently reinstated
pursuant to provisions of grievance procedure);
(c) failure to return to work or to provide, in writing, a valid reason for
inability to do so within seven (7} days after being recalled by registered
mail;
(d) failure to report to work for five (5} consecutive days without notifying
the Board of the reason(s) for absenteeism.
12:03 During an authorized unpaid leave of absence, the following conditions apply:
(a) Seniority accumulates for twelve (12) months or length of active service
with the Board whichever is the lesser, from the start of the leave of
absence.
(b) All seniority rights shall be lost and employment terminated twelve (12)
months after the start of the leave of absence.
(c) An employee shall pay the equivalent of Union dues, in accordance with
the Union Constitution, throughout the period of leave.
12:04 A leave of absence of up to one (1} year may be granted, by the Employer, in
order for the" employee to accept alternate employment. It is agreed and
understood that in any such case, an employee shall lose one (1} years
accumulated seniority, regardless of the length of the leave. An employee shall
pay the equivalent of Union dues, in accordance with the Union Constitution,
throughouttheleave.
ARTICLE 13- LAYOFF, RECALL, TRANSFER, RETURN TO WORK
13:01 In all cases of layoff, recall, and transfer, the Board shall apply the principle of
seniority, providing the employee has the appropriate qualifications for the
position or can perform the available work.
13:02 If the allotment of staff assigned to a school or department of the Education
Centre decreases, the incumbent in the position to be reduced, with the least
seniority, shall have the opportunity to accept the decrease in time or obtain a
position via the layoff and recall procedure. The decreased position shall be
posted if the incumbent elects not to accept the decrease in time and if the
Board decided to proceed with filling the vacancy.
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13:03
13:03.1
13:03.2
13:04
13:04.1
13:04.2
13:04.3
13:04.4
13:04.5
Recall rights shall be open to those laid off employees for a period of two (2}
years without loss of seniority.
Upon return to their previously held position employees shall be provided with
instructions on procedures and equipment for familiarization purposes. If
deemed necessary by the Board, additional training shall be provided.
Transfer
An employee shall not be transferred to a position excluded from this Agreement
unless by mutual agreement of the employee and the Board.
If an employee who works on a video display terminal is pregnant and requests a
transfer, the Board will attempt to facilitate a temporary transfer to a position
not requiring video display terminal work.
An employee transferred by the Board to a temporary position excluded from
the bargaining unit, shall be subject to the following terms and conditions:
(a) The period of exclusion shall be up to twelve {12) months which may be
extended by mutual consent between the employee, the Union, and the
Board.
(b) Seniority shall continue to accumulate for the length of the temporary
transfer.
(c) The employee shall pay the equivalent of Union dues bi-weekly by payroll
deduction for the duration of the transfer.
(d) An employee transferred by the Board to a temporary position excluded
from the bargaining unit, shall be guaranteed the position formerly held
upon returning to the bargaining unit provided the job still exists. If the
job no longer exists, the employee shall be placed in accordance with the
layoff and recall procedure.
An employee who is requested by their Manager/Principal/Supervisor to relieve
on a higher paid position will be paid at the same step of the higher classification
for all such time worked.
When an employee is designated by their Manager/Principal/Supervisor to
temporarily assume additional responsibilities of a position excluded from the
bargaining unit, the employee shall receive the start rate of the said position or
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13:04.6
13:05
13:05.1
an allowance of fifteen percent (15%) of the employee's own rate of pay
(whichever is higher) for the period of time so designated.
An employee who accepts a permanent position with the Board out ofthe
bargaining unit and later returns to a position in the bargaining unit shall be
subject to the following terms and conditions.
(a) The employee shall pay the equivalent of Union dues bi-weekly by payroll
deduction throughout the period of exclusion up to a maximum of sixty
(60) days of work. An employee may, in writing, opt out of such
payments and shall lose all seniority as of the date of cancellation of such
payments.
(b) During said sixty (60) days of work at the request of the employer or
employee, the employee will revert to their former position at the
appropriate salary of their former position and with no loss in seniority.
Other employees, who may have been promoted or transferred, because
of the promotion or transfer, shall also revert to their former positions
within the bargaining unit at the appropriate salary of the former position
and with no loss of seniority.
(c) After sixty (60) days of work from the date oftransfer, the employee shall
lose all seniority rights.
Return to Work
An employee who is absent from work due to a leave of absence for a period of
less than twelve (12) months shall be guaranteed the position formerly held
upon returning to work. If the position no longer exists, the employee will be
allowed to bump as per Article 14.
ARTICLE 14- BUMPING
14:01 Should a bumping situation arise, the President ofthe Union and the Manager of
Employee Services, or designate, will meet to decide whether to follow the
process in 14:02 or the process in 14:03. If the two parties are unable to reach
agreement on which process to use, the process outlined in 14:03 shall be used.
14:02 An employee declared redundant may bump in accordance with clause 14:04
and 14:05. The redundant employee shall exercise bumping rights within two (2)
working days of receipt of notification.
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14:03 PLACEMENT MEETING
(a) When a placement meeting is called, each employee affected, or
potentially affected, will attend the meeting.
(b) The Board and the Union will select a time for the placement meeting
that will allow the necessary staff to attend during working hours, while
minimizing the cost of replacement staff.
(c) The intent ofthe placement meeting is to complete the bumping process
while minimizing the adverse effects on the employees and the Board. It
is the intent of the parties to continue the same rights, privileges and
benefits as the Collective Agreement now allows, and only to limit the
time an employee has to make a decision.
(d) All available positions will be posted prior to the placement meeting.
Should no Union member bid on a position, it will be deemed "vacant",
brought to the placement meeting and offered as an alternative to
bumping.
(e) Upon notification of a potential bumping situation, it is the responsibility
of the employee to contact the Principal or Supervisor of each position in
which the employee is interested to confirm position responsibilities,
hours of work, etc.
(f) On the day of the placement meeting, each surplus person, in order of
seniority, most senior first, shall be asked to come forward and meet with
the Board and Union officials to select a position to bump.
(g) After the selection has been made, the results will be announced to the
employees in the audience.
(h) Employees with more seniority than the most senior surplus person at
that time will be asked to leave the meeting and return to work.
(i) It is the intent of the Board not to implement any administrative transfers
during the process.
14:04 Displaced employees may choose to bump any employee with less seniority in
any job classification provided the employee has the ability to satisfactorily
perform the job. This includes the right to bump up.
14:05 Employees who are displaced from their jobs as a result of such bumping
procedures may themselves choose to bump any employee, with less seniority in
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any job classification provided the employee has the ability to satisfactorily
perform the job. This includes the right to bump up.
14:06 An employee who has been bumped from a position will have the opportunity to
revert back into the position the employee has been bumped from, if that
position becomes vacant within sixty (60) working days.
14:07 An employee exercising seniority rights under this Article will be placed on a trial
period for sixty (60) days of work which may be extended by twenty (20)
additional days of work by the employee or employer upon notifying the Union
in writing. During this time, necessary training shall be given on procedures and
equipment. If an employee does not successfully complete the trial period, or if
the employee so requests, such employee shall bump the least senior employee,
with less seniority, same time, and category equal to or less than the employee's
current category. If there is no position available with the same time, the
procedure will be repeated for a position with less time.
ARTICLE 15- STRIKES, WORK STOPPAGE, AND LOCKOUTS
15:01 During the term of this Agreement, the Board or its representative(s) shall not
cause any lockouts and the Union agrees that neither it nor its members shall
cause or sanction any strikes, slowdowns, or other interruptions of work.
15:02 In the event that any employees of the Board, other than those covered by this
Agreement, engage in a strike and maintain picket lines, employees covered by
this Agreement shall not be required to perform work normally done by those
employees.
ARTICLE 16- CUMULATIVE SICK LEAVE
16:01 Sick Leave
(a) Each employee employed on a full-time basis shall be given sick leave
credits on the basis of two (2) days for each month's active employment.
(b) Each employee hired on a part-time basis shall be given sick leave credits
on the basis of one (1) day for each month's active employment. In the
event that the employee works on a full-time basis, such employee shall
be given sick leave credits on the basis of two (2) days for each month of
full-time active employment.
(c) All of the unused portion of an employee's sick leave, as of June 30, 1974,
for employees employed on a ten (10) month basis, and December 31,
1974, for employees employed on a twelve (12) month basis, or date of
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hire, whichever is later, shall be transferred to the employee's cumulative
sick leave credits to a maximum oftwo hundred (200} days for
employees employed on a ten (10) month basis and two hundred and
forty (240) days for employees employed on a twelve (12) month basis.
(d) When an employees is absent from duty for reasons of illness for a period
exceeding five (5) consecutive work days, the illness shall be certified by a
qualified medical practitioner, dental practitioner, chiropractor or any
other person acceptable to the Board. The Board reserves the right to
request certification of an absence due to illness when this absence is for
a period offive (5) work days or less.
(e) The sick leave ledger may be examined by an employee as concerns the
employee's own account on request. Nevertheless, a statement shall be
sent out annually in the month of May or reasonable length oftime
thereafter by the Manager of Employee Services to all employees,
showing absences during the previous year and the balance in reserve.
The employee has thirty (30) work days from the date of issue to respond
to any discrepancies in the sick leave statement after which the
statement will be deemed accepted.
16:02 Workplace Safetv and Insurance Board
(a) Subject to paragraph 16:02 (b), employees absent from their duties and in
receipt of Workplace Safety and Insurance Board disability benefits (but
not pension) shall be paid their net salary by the Board as long as the
employee has sufficient sick leave credits against which can be charged
the difference between the disability payments and employee's regular
salary.
(b) Where accumulated sick leave credits have been exhausted at the
commencement of or during an employee's absence for which the
employee is in receipt of Workplace Safety and Insurance Board disability
benefits (but not pension), the employee shall receive such disability
benefits directly from the Workplace Safety and Insurance Board and the
provisions of clause 16:02 (a) shall not apply.
(c) In the situation where an employee who is absent from work and in
receipt of Workplace Safety and Insurance Board disability benefits and
whose salary is still paid by the School Board pursuant to the provisions of
16:02 (a), payments made by the Workplace Safety and Insurance Board
to such employee shall be remitted to the School Board.
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(d) For each day that the School Board continues to pay the salary of an
employee who is absent from work and in receipt of Workplace Safety
and Insurance Board disability benefits (but not pension) pursuant to
16:02 (a), the Employer will deduct the appropriate amount from the
employee's accumulated sick leave credits.
(e) It shall be the responsibility of the employees to maintain contact with
the Board as to their date of return to work.
ARTICLE 17- LEAVE OF ABSENCE
17:01 Procedure for Obtaining Leave
(a) Employees requesting a Leave of Absence, as referred to in this Article,
must complete a standard 'Request for Leave' form available from the
employee's immediate supervisor which in turn, shall be submitted to the
Manager of Employee Services at least two (2) weeks in advance of the
occasion prompting the request.
(b) In the event of an emergency, verbal approval from the employee's
immediate supervisor will suffice, to be followed by a completed 'Request
for Leave' form in the usual manner.
(c) The disposition of all requests for Leave of Absence shall, subject to the
express provisions of this Article, be at the discretion of the Manager of
Employee Services in consultation with the employee's immediate
supervisor.
17:02 Bereavement
(a) Employees shall be allowed a leave of absence up to but not exceeding
five (5) working days on any one (1) occasion without loss of pay or sick
leave or cumulative sick leave credits for the death of a father, mother,
spouse, son, daughter, brother, sister, mother-in-law, father-in-law,
grandfather, grandmother, grandchildren, legal guardian, step parents,
step children, step brother, step sister, son-in-law, daughter-in-law.
(b) Employees will be allowed a leave of one (1) working day without loss of
pay or sick leave or cumulative sick leave credits for attendance at the
funeral of an uncle, aunt, brother-in-law, sister-in-law, nephew, niece, or
first cousin, or at a funeral where the employee has been asked to serve
as a pallbearer.
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(c) On the request of the employee, the Manager of Employee Services or
designate, in consultation with employee's immediate supervisor may,
because of extenuating circumstances, grant additional leave over the
maximum allowed in clauses (a) and (b) above.
17:03 Compassionate Leave
(a) Employees will be allowed leave of up to but not exceeding three (3) work
days on any one occasion without loss of pay or sick leave or cumulative
sick leave credits in the event of a serious illness of father, mother,
spouse, son, daughter, brother, sister, mother-in-law, father-in-law,
grandmother, grandfather, grandchildren, step parents, step children,
step brother and step sister.
(b) On the request of the employee, the Manager of Employee Services, in
consultation with the employee's immediate supervisor may, because of
extenuating circumstances, grant additional leave over the maximum
allowed in clause (a) above.
17:04 Leave for Jury Duty or Witness
If an employee is attending jury roll call, or if an employee is required to serve as
a juror in any court of law or is required by subpoena to attend a court of law in
any legal proceedings in which the employee is neither the plaintiff nor the
defendant, the employee shall not lose any regular pay because of necessary
absence from work due to such attendance provided that the employee:
(a) informs the immediate supervisor immediately upon notification that the
employee will be required to attend court;
(b) presents proof of service requiring the employee's attendance;
(c) resumes performance of regular duties during any reasonable period
when the employee is not required to be in attendance;
(d) promptly repays the Board the amount (other than expenses) paid for
such service as a juror or attendance as a witness.
17:05 Leave for Personal Reasons
Leave for personal reasons (exclusive ofthe reasons set out in 17:02 through to
17:04), shall be granted with pay at the discretion ofthe employee's immediate
supervisor in consultation with the Manager of Employee Services, for up to a
maximum of two (2) working days per year. Such leave shall not be charged
18
against sick leave or cumulative sick leave credits.
17:06 Unpaid Leave
Leave may be granted at the discretion of the Manager of Employee Services
upon the recommendation of the immediate supervisor in consultation with the
appropriate Superintendent or may be forwarded by the Manager of Employee
Services for resolution to the Board.
The unpaid leave of absence will not exceed one {1) year.
Written notice must be received by the Manager of Employee Services two (2)
months prior to the expiry of a four (4) month or more leave of absence, stating
whether it is the employee's intention to return to work or resign from their
employment. An employee who fails to provide the above noted written notice
two (2) months prior to the expiry of the leave shall lose all seniority rights and
shall be deemed terminated.
17:07 Pregnancy/Parental Leave
(a) Pregnancy/Parentalleave will be granted in accordance with the
Employment Standards Act. A summary of the benefits is attached to this
Agreement as Appendix "C".
{b) Sub-Plan
An employee granted a Pregnancy leave of absence shall be compensated
by the Board under E. I. (Employment Insurance) approved supplementary
benefits plan for the two (2) week waiting period under E. I. . The weekly
benefit paid under this plan is equivalent to the maximum weekly benefit
available from the E. I. provided the employee:
{a) is eligible for pregnancy leave benefits under E. I.
(b) provides proof that the employee is in receipt of E. I. benefits and
indicating the weekly amount payable by E.l. .
This plan shall be subject to approval of E.I.C.
17:08 Paternity Leave
A male employee shall be granted up to three (3) work days without loss of
salary or seniority, upon the birth ofthe employee's child.
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17:09 leave to Attend Conventions and Conferences
(a) leave of absence for official delegates without loss of pay or sick leave or
cumulative sick leave credits may be granted to a maximum of one (1)
employee per year to attend the Union's COPE Ontario Conference.
(b) In the year of the Union's Convention or for a Special Union Convention, a
maximum of one (1) employee may be granted time off without loss of
pay, or sick leave credits or cumulative sick leave credits.
(c) In the year of the convention for the Ontario Federation of labour, a
maximum of one (1) employee may be granted time off without loss of
pay, sick leave credits, or cumulative sick leave credits.
(d) In the year of the conference for the Canadian labour Congress, a
maximum of one (1) employee may be granted time off without loss of
pay, sick leave credits, or cumulative sick leave credits.
It is agreed and understood that the Union will only use two (2) of the above a,
b, c, or d per calendar year.
17:10 An employee may be granted leave without loss of pay or sick leave or
cumulative sick leave credits for purpose of writing an examination leading to the
advancement of professional qualifications. The maximum leave shall be for the
period of the examination plus any required travel time to the place of the
examination.
17:11 Deferred Salary leave Plan
(a) Preamble
The Thunder Bay Catholic District School board and the Canadian Office
and Professional Employees Union, local 454, assume no responsibility
for any consequences arising out oft his plan relative to effects on
employee's pension provisions, income tax arrangements, Employment
Insurance, the Canada Pension Plan, or any other liabilities incurred by an
employee as a result of participation in this Plan.
(b) Description
The Deferred Salary leave Plan is developed to afford employees the
opportunity oftaking a one (1) year leave of absence without pay and of
financing the leave through deferral of salary. It is understood that no
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more than two (2) participating employees may be on leave under this
Plan in any one (1) year, one from the Education Centre Administration
Staff and one from the School Secretarial Staff.
(c) Eligibility
Any employee having five (5) or more year's seniority with the Board is
eligible to apply for participation in the Plan.
(d) Application
(i) An employee must make written application to the Manager of
Employee Services on or before January 31'1 to participate in the
Plan commencing in September of the same calendar year and
indicate the choice of 3, 4, 5, 6 or 7 year plan. The maximum
deferral period is six (6) years, and the period of leave of absence
must begin immediately following the deferral period.
(ii) A Committee comprised of two (2) Union appointees and two (2)
Board appointees shall meet to review the applications for the
purpose of making recommendations to the Board concerning
acceptance or denial of same.
(iii) Acceptance of an employee's application will be at the sole
discretion ofthe Board.
(iv) Decisions regarding applications will be forwarded to the
applicants in writing by April151 in the school year in which the
request is made.
(e) Implementation of the Plan
The financial arrangements for funding the year of leave shall be
arranged by mutual agreement between the employee and the Board:
(i) Each employee in the Plan shall sign an agreement as per clause
17:11 (i) with the Board. The agreement shall specify the terms
and conditions agreed to by the employee and the Board.
(ii) An Account will be established with a Chartered Bank, for each
employee in the Plan. The deferred earnings shall be deposited to
this account on the regularly established pay dates, where it shall
be retained by the Board for the employee and accumulate
interest until the year of the leave.
21
(iii) Funds in the Account will earn interest at rates established by the
Bank.
(iv) Interest earned by the Account in a taxation year will be paid to
the employee by the end of the year.
(v) In each year of the Plan, preceding the year of leave, the employer
will deposit a percentage of the employee's proper salary and
applicable allowance in accordance with the agreement. Such
percentage may not exceed the percentage that year is of the
total number of years of the Plan, including the year of leave and
may not exceed thirty three and one third percent (33 Y,%) in any
event.
(vi) In the year of the leave, the Board shall pay to the employee the
total of the deferred salary installments conforming to the regular
pay periods set forth in the Collective Agreement in effect for the
year of leave or in one {1) or two (2) lump sums if requested by
the employee.
(vii) While the employee is enrolled in the plan and not on leave, any
benefits tied to the salary level shall be structured according to
the salary the employee would have received had the employee
not been enrolled in the Plan.
(viii) An employee's fringe benefits will be maintained by the Board
during the leave of absence. However, the premium cost of all
fringe benefits shall be paid by the employee during the year of
the leave subject to conditions of the insurance carrier(s).
(ix) While on leave, any benefits tied to salary level shall be structured
according to the salary the employee would have received in the
year prior to taking the leave had the employee not been enrolled
in the Plan.
(x) The Board shall deduct the amounts required for Income Tax,
Employment Insurance, Canada Pension, other pension and any
benefits in the Collective Agreement.
(f) Canada Revenue Agency Contingencies
The present method for making income tax deductions shall continue.
Any changes to this method are dependent upon a ruling from the
22
Canada Revenue Agency that the income deferral scheme contemplated
herein may be acceptable to the Canada Revenue Agency. The amount
of income tax to be deducted at source will only be computed on the
reduced salary with the agreement of the Union and the participating
employee and only after the receipt of a ruling of the Canada Revenue
Agency and of its terms. The participating employees will be required to
enter into an agreement with the Board to indemnify and save the Board
harmless against all claims or demands or other forms of liability against
the Board by any person that may arise out of or by reason of deductions
made or payments made in accordance with this Article.
(g) Terms of Reference
(i) Upon the return of the employee from a Deferred Salary Leave,
the Board will assign the employee to the position the employee
formerly held. If due to changing conditions, said position no
longer exists, the employee will be governed by the appropriate
terms of this Agreement.
(ii) Sick leave credits will not accumulate during the year spend on
leave. Upon return, the employee shall be credited with the same
number of accumulated sick leave days the employee had before
going on leave.
(iii) The year of leave shall be recognized for the accumulation of
seniority only.
(iv) All employees wishing to participate in the plan shall be required
to sign a contract per 17:11 (i) supplied by the Board.
(v) Following the year of leave, the employee agrees to return to
employment with the Board for a period of at least one (1) year.
(h) Withdrawal From the Plan
(i) Should an employee die while participating in the Plan, any
monies accumulated plus any interest accrued at the time of
death will be paid to the employee's estate, providing the legal
consents or releases required have been obtained.
(ii) If the employee does not take the Leave of Absence as arranged,
all amounts in the Account will be paid to the employee in the first
taxation year that commences after the end of the deferral period.
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17:11 (i) THE THUNDER BAY CATHOLIC DISTRICT SCHOOL BOARD
(herein referred to as the Board)
APPLICATION AND AGREEMENT
FOR PARTICIPATION IN THE
CANADIAN OFFICE AND PROFESSIONAL EMPLOYEES UNION, LOCAL 454
DEFERRED SALARY LEAVE PLAN
I have read the terms and conditions of the Thunder Bay Catholic School Board Deferred Salary Leave Plan and
hereby agree to enter the Plan under the following terms and conditions:
1. Enrolment Date
I wish to enrol in the plan commencing-------------
2. Year of Leave
I wish to take my Leave of Absence from the Thunder Bay Catholic District School Board from
---------------------to ______________ ___
3. Financial Arrangements
(a)
The financing of my participation in the Deferred Salary Leave Plan shall be according to the following
Schedule:
Commencing September 1, ____ , I wish to defer ____ % of each of my salary payments for the next
___ years.
(b) Any interest or additional amounts that have been earned or accrued on the deferred amount in a
taxation year for the benefit of the employee, shall be paid in that year to the employee.
(c) Annually the Board agrees to provide me with a statement regarding the status of my account.
(d) In the year of my leave the total monies accumulated as of August 31" of that year will be paid to me
according to the terms of Article 17:11 (e) (vi) of the Collective Agreement or in either a single or in two
lump sum payments as mutually agreed between myself and the Board.
(e) It is understood that the Thunder Bay Catholic District School Board and the Canadian Office and
Professional Employees Union, Local 454, assume no responsibility for any consequences arising out of
this Plan related to effects on my superannuation provisions, income tax arrangements, Employment
Insurance, the Canada Pension Plan, or any other liabilities incurred by me as a result of my participating
in the Plan.
Employee Signature
Present Position
Employee's Present Location
(School or Board Office)
Witness
Director of Education Signature
Board Chairperson
Witness
Date
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ARTICLE 18- MEDICAL CERTIFICATE
18:01 Employees covered by sick leave must present a medical doctor's certificate of
fitness:
(a) on the request of the Board before returning to duty after a lengthy
absence or an absence of more than five (5) consecutive work days,
verifying the illness and the ability of the employee to return to their
regular duties;
(b) on the request of the Board in any case where the absence is less than
five (5) days and on a recurring basis.
ARTICLE 19- PAID HOLIDAYS
19:01 All employees shall be granted the following paid holidays without loss of their
regular straight time rate of pay for that day:
New Year's Day Family Day Good Friday Easter Monday Victoria Day
Canada Day
Civic Holiday
Labour Day Thanksgiving Day December 24 Christmas Day Boxing Day December 31
In the event that a paid holiday, as referred to above, is celebrated on a Saturday
or Sunday, the Board shall grant a day in lieu thereof. The Board shall advise the
Union of the in lieu days selected as it applies to this clause.
19:02 An employee authorized to work on any of the said holidays shall be paid for all
hours worked on the holiday at one and one-half times regular straight time
hourly rate of pay in addition to holiday pay as herein provided for.
19:03 An employee will be paid for a holiday provided the employee:
(a) works the last scheduled working day prior to and the first scheduled
working day after the holiday unless such employee is on an approved
leave of absence.
(b) is on the active payroll of the Board and not on a leave of absence,
Workers Compensation or layoff.
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19:04 If any of the above holidays fall or are observed during an employee's vacation,
such employee shall be entitled to an extra day vacation with pay as mutually
agreed upon by the employer and employee.
ARTICLE 20- VACATIONS
20:01 The annual vacation year shall run from July 151 to June 301h.
20:02 Employees who have worked a full work year shall be granted the following
vacations with pay at basic salary:
20:03
20:04
20:05
20:06
One year and over .......................................................................... 2 weeks
Three years and over ...................................................................... 3 weeks
Seven years and over. ..................................................................... 4 weeks
Fourteen years and over ................................................................. 5 weeks
Twenty-Five years and over ............................................................ G weeks
Employees on a reduced yearly schedule, after completing the required years of
service shall be granted vacations pro rata of a full year employee as set out in
20:02.
Vacations shall be scheduled during the summer vacation or at a time mutually
agreed upon by the employee and the immediate supervisor in consultation with
the appropriate Superintendent.
Where an employee's scheduled paid vacation is interrupted due to a serious
illness or accident requiring the employee to be hospitalized, the period of such
hospitalization shall be considered sick leave providing the employee provides
proof of hospitalization satisfactory to the Board.
The portion of the employee's paid vacation which is deemed to be sick leave
under the above provision will not be counted against the employee's vacation
credits.
ARTICLE 21- HOURS OF WORK AND OVERTIME
21:01 The normal work week shall consist of five (5) seven (7) hour days, Monday
through Friday, exclusive of a one (1) hour unpaid lunch break each day.
21:02 The work period of twelve (12) month members of the Bargaining Unit shall
consist of fifty two (52) weeks.
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21:03 (a)
21:03 (b)
21:04
21:05
21:06
The work period of ten (10) month members of the Bargaining Unit shall
normally be from September 151 to June 30'h inclusive. Ten (10) month
employees requested to work in addition to the time stated will be paid their
regular salary rate.
Notwithstanding 21:03 (a), the work period of ten month members of the
Bargaining Unit assigned to elementary, senior elementary and secondary
schools shall normally be exclusive of those days when school is not in session
during the Christmas break and the mid-winter break. Such days, as referred to
above, shall be without pay. Employees in this category requested to work
during the Christmas and mid-winter break will be paid at their regular salary
rate. Such time worked will be recorded by time sheet and forwarded for
processing and payment.
Work performed by an employee in excess of seven (7) hours per day, thirty-five
(35) hours per week, Monday through Friday, will be paid at time and one-half
(1 Y,) actual salary. Work performed on a Saturday or Sunday will be paid at the
rate of time and one-half (1 Y,) actual salary.
Employees shall receive a relief period of not more than fifteen (15) minutes in
each half (1/2) of the normal seven (7) hour day.
All overtime work requires the prior authorization by the Manager/Principal or
designate except in extenuating circumstances where the employee shall report
such overtime to the Manager/Principal or designate at the start of the next
working day.
ARTICLE 22 -INSURANCE AND PENSION PLANS
22:01 (a)
22:01 (b)
22:01 (c)
22:02
The Board will contribute toward the premium for properly enrolled, eligible,
actively employed employees in the plans outlined in this Article.
Employees on LTD, WSIB and short-term sick leave absences who have
exhausted their accumulated sick leave will be considered active for the purpose
of this Article.
If an employee has family coverage when they die, the Insurance Carrier's
benefit coverage continues until the end of the third (3'd) month following the
month in which the employee dies, without further premiums remitted.
The Board shall pay one hundred percent (100%) of the premium cost of the
Ontario Health Insurance Plan.
27
22:03 The Board shall pay one hundred percent {100%) ofthe premium cost of the
Insurance Carrier's Semi-Private Coverage or equivalent.
22:04 The Board shall pay one hundred percent (100%) of the Insurance Carrier's
Extended Health Coverage or equivalent on the basis of twenty-five dollars
($25.00) single deductible and fifty dollars ($50.00) family deductible with ninety
percent {90%) of the balance paid by the carrier and ten percent (10%) by the
person covered.
22:05 (a)
22:05 {b)
22:05 (c)
22:06
22:07
22:08
22:09
22:10
The Board shall pay one hundred percent {100%) ofthe Group Life Insurance
premium on coverage of one and one-half {1 Y,) times the annual salary rounded
to the nearest one thousand dollars ($1,000.00) to a maximum coverage of one
hundred and fifty thousand dollars ($150,000.00).
In addition to the Group Life Insurance coverage provided by the Board above,
employees may purchase at their own expense additional group life coverage in
the unit amount of twenty-five thousand dollars {$25,000.00) subject in all
instances to conditions and regulations set down by the Group Life Insurance
Carrier in the master policy and any addendums thereto.
The Board agrees to administer coverage for life insurance for an employee's
spouse, with the employee paying the monthly premium costs.
The Board shall pay seventy five percent {75%) of the premium cost of the
Insurance Carrier's Dental Plan 9 using the Ontario Dental Association's ongoing
current rates.
The Board shall contribute its required contribution to the Canada Pension Plan
{CPP) and the Ontario Municipal Employees Retirement System (OMERS).
Retirement and other relative matters shall be in accordance with the provisions
of the OMERS Plan.
The Board will administer a Long Term Disability Insurance Plan only insofar as it
effects the requirements to make the necessary payroll deductions and
payments to the appropriate agency with the employees to absorb the full
premium cost. It shall be a condition of employment for new employees to
enroll in the plan.
The Board shall pay one hundred percent {100%) of the premium cost of the
Insurance Carrier's Vision Care Plan- two hundred dollars ($200.00)/twenty-four
(24) months.
The Board shall pay one hundred percent {100%) ofthe premium cost ofthe
Insurance Carrier's chiropractic service coverages.
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22:11 Providing such coverage is available, coverage for Extended Health Care, Semi
Private, Chiropractic, Dental and Vision Care shall include unmarried,
unemployed dependent children over twenty-one (21) but under twenty-five
(25) years of age in full-time attendance at school, college or university.
22:12 The Board shall pay one hundred percent (100%) of the premium cost for the
Insurance Carrier's Deluxe Travel Plan.
22:13 The Board shall pay one hundred percent (100%} of the premium cost for
Hearing Care to a maximum oftwo thousand dollars {$2,000.00) every five (5)
years.
The parties agree that the reference to two thousand dollars ($2,000.00) every
five (5) years applies to the coverage, not the premium.
22:14 Upon request by an employee, the Board shall supply a comprehensive outline of
all benefit packages available.
ARTICLE 23- SALARIES AND CLASSIFICATIONS
23:01
23:02
23:03
23:04
23:05
23:06
The classifications as established by the Board and the mutually agreed upon
salaries and wages thereto are attached as Appendix 'B' which form part of this
Agreement.
The Board shall pay salaries and wages by Direct Deposit on a bi-weekly basis.
The Board shall have the right to start a new employee at any salary higher than
the start rate, or to progress an employee faster than the time set out in
Appendix 'B' Salary Schedule.
The increments noted in the salary schedule in Appendix 'B' are automatic and
should be paid and become effective on the anniversary date of the employee.
The payment of said increments shall not however, be construed to mean that
the services of the employee have automatically been deemed to be satisfactory.
Upon transfer to another position within the bargaining unit, an employee will be
paid at the same step of the new classification.
It is agreed and understood that a part-time employee may allow their name to
be added to the supply list. Any time worked as a supply shall be paid in
accordance with the employee's current rate of pay.
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ARTICLE 24- JOB DESCRIPTIONS AND CLASSIFICATION
24:01
24:02
24:02.1
24:02.2
24:02.3
24:02.4
24:02.5
All positions and salary classifications referred to in the Collective Agreement and
any new position which falls within the scope of the Bargaining Unit shall be
included with and form part ofthis Agreement.
Implementation OfThe Gender Neutral Job Evaluation Plan
The plan was implemented on December ih, 1999. Any adjustments in salary as
a result of the new plan were made retroactive to January 1, 1999. Where the
evaluation resulted in a category maximum for a job lower than that in effect
prior to date of implementation, the rate of the incumbent at that date was
considered a 'Half Circled' rate. An employee hired, transferred, or posted to
another position after the date of implementation will receive the category rate
of the occupation the employee is hired for, transferred to, or accepts through
job posting.
The following principles will apply to 'Half Circle' rates:
If an employee becomes 'Half Circled' on the job the employee is holding, the
employee's category will be maintained for a two (2) year period. After this two
(2) year period, the employee will receive one-half (1/2) of the negotiated salary
increase each year until the employee is no longer paid in excess of the
appropriate category.
If an employee becomes 'Half Circled' in the job the employee is holding, and the
employee is within five {5) years of retirement, the employee's salary category
will be maintained until retirement.
If an employee becomes 'Half Circled' on the job the employee is holding, either
on a temporary or relief basis, the employee's salary will not be reduced until the
temporary or relief assignment is completed.
Should the employee, having reverted to the employee's regular job, again hold
a job on either a temporary or relief basis, payment will be made in accordance
with the evaluated salary for the job.
An employee holding a job due to promotion will be entitled to a 'Half Circle' rate
if the employee returns to the former job held within the period specified in
Article 11 of the Collective Agreement and the former job has become 'Half
Circled'.
Similarly, if an employee in a 'Half Circled' rate accepts a promotion, the
employee will retain the right to the former 'Half Circle' rate should the
30
24:02.6
24:02.7
24:02.8
24:02.9
24:02.10
24:03
24:03.1
24:03.2
24:03.3.1
employee return to the former job within the period specified in Article 11 ofthe
Collective Agreement, otherwise the employee will receive the evaluated salary
for the new job.
An employee on authorized leave of absence and who returns to work within the
period specified in the Collective Agreement, will be entitled to a 'Half Circled'
rate if the former job has become 'Half Circled'.
An employee on layoff who returns to a regular job within the period of time set
out in Article 13 of the Collective Agreement will be entitled to a 'Half Circle' rate
should the employee's regular rate have become 'Half Circled'.
In the case of job elimination, or layoff, an employee in a 'Half Circled' job, will
retain 'bumping' rights based on the employee's old category. These rights will
be retained for the same period as set out in 24:02.7 (above).
An employee on a 'Half Circled' job will be entitled to the employee's annual
salary increments or step changes if the employee's current rate is below the
maximum of the existing category. The employee will be allowed to proceed to
the maximum of the existing category for the 'Half Circled' job for as long as the
employee remains as the incumbent.
Where the evaluation results in a category maximum for the job higher than that
in effect prior to January 1, 1999, the incumbent's rate moved step by step to the
appropriate level in the new salary range (e.g. the incumbent at Step 3 in the
existing salary range moved to Step 3 in the new salary range).
Ongoing maintenance Of The Gender Neutral Job Evaluation Plan
It is agreed that all jobs under the jurisdiction of the Canadian Office &
Professional Employees Union will be classified using the Gender Neutral Job
Evaluation Plan developed for the Thunder Bay Catholic District School Board.
The Gender Neutral Job Evaluation Plan is the basis for determining the job
category applicable to any existing jobs, any newly created jobs or any jobs which
have changed.
The salary schedule established for the various levels of job categories is set forth
in the Appendix 'B' which forms part of this Collective Agreement.
The role of the Job Evaluation Committee will be as follows:
In the event that new jobs are created, the Board will prepare a Job Description,
and based on its content the Job Evaluation Committee will assign a temporary
31
24:03.3.2
24:03.3.3
24:03.3.4
24.03.4
24:03.5
category to that position. This shall be done prior to the position being posted.
Within six (6) months of the position being filled the Job Description will be
reviewed with the incumbent.
In the event that changes occur in existing jobs, the incumbent or the Board may
request the preparation of a new Job Description for submission to the Job
Evaluation Committee for evaluation. The Board shall make written
acknowledgment of receipt of such request to the incumbent and the Union and
shall notify the incumbent of the results ofthe re-evaluation.
The Job Evaluation Committee consisting of a maximum of three {3)
representatives from C.O.P.E. and a maximum of three {3) representatives from
the Board, will meet at a mutually agreeable time during the months of October,
February and June during regular working hours to evaluate jobs submitted in
accordance with 24.03.3.1 or 24.03.3.2 and will agree on the resulting job
evaluations.
The Committee may meet at any other mutually agreeable time during the year
during regular work hours.
Both C.O.P.E. and the Board may have an additional representative at meetings
of the Job Evaluation Committee. These representatives will act as non
participating observers in order to allow for continuity on the Job Evaluation
Committee.
As a result of a new created job, any rate adjustment will be retroactive to the
date the job was implemented.
Any rate adjustment, as a result of change within an existing position will be
retroactive to the date the initial request for a review was made to the Job
Evaluation Committee.
Adjustments will be made in the same manner as used when the plan was
initially implemented. Resulting changes in rates will be treated as per Sections 2
and 3 of 'Implementation Of The Plan'.
The Board will continue the normal salaries of C.O.P.E. members, who are
members of the Job Evaluation Committee, when participating in committee
meetings. This salary continuation will be extended to the additional
representative who attends committee meetings as an observer.
24:04 Any changes, during the life of this Agreement to salary classifications, shall be
by mutual agreement by the Board and the Union.
32
24:05 Whenever a job is (re)-evaluated, and an employee does not agree with the (re)
evaluation, an employee may file an appeal to the Job Evaluation Committee for
reconsideration within ten (10) working days of receipt of the results. The
employee shall be notified of the results.
24:06 The decision of the Committee at the appeal process shall be final and binding
and shall not be made the subject of a grievance.
ARTICLE 25- TERMS OF AGREEMENT
25:01
25:02
25:03
This Agreement shall remain in force from September 1, 2012, to and including
August 31, 2014, and thereafter continue for a further period of one (1) year
unless either Party gives notice to the other not more than ninety (90) days from
the expiration date herein that it desires revision, modification or termination of
the Agreement at its expiration date.
Any changes deemed necessary in this Agreement may be made by mutual
agreement in writing at any time during the existence ofthis Agreement.
In the event that either Party gives notice as defined in Article 25:01, the Parties
will meet to negotiate at such time as may be mutually agreed and after the
giving of such notice; and both Parties shall negotiate in good faith and make
every effort to conclude a new Agreement.
ARTICLE 26- GENERAL
26:01 Whenever the singular or feminine is used in this Agreement, it shall be
considered to include the plural or masculine where appropriate.
ARTICLE 27- TECHNOLOGICAL CHANGE
For the purpose of this clause, technological change shall be deemed to include
procedural changes.
27:01 Intent
The Board and the Union are concerned about the impact on employees and
conditions of employment resulting from technological change. Both parties
agree to address and attempt to resolve any issues brought forward by either
Party prior to and during the implementation of a technological change.
33
27:02 Definition
When the Board is considering the introduction of technology which would have
significant impact on the nature and/or number of positions occupied by
members ofthe bargaining unit, the Board and the Union agree to cooperate in
the introduction and/or operation of new equipment or changes in operating
methods.
27:03 Notice
The Board will meet with the Union as far as possible in advance of the
introduction of technological change and provide a general description of the
nature of the change, e.g. type of change, location, dates, training, and people
affected, discussing all foreseeable implications for members of the bargaining
unit. The Board will update the information provided as new developments
and/or modifications arise.
27:04 Training
The appropriate supervisor(s) responsible for the technological change will
discuss the necessity and provision for in-service training on new equipment
and/or process with the affected employees before, and/or during the change.
When an employee has been identified to perform different duties as a direct
result of a change in technology or procedure, the Board will provide in-service
training.
27:05 Security
In the event that an employee must be displaced due to a technological change,
the Board and the Union will meet to discuss:
(a) Options available to the affected employee with the intent to retain
existing staff where possible.
(b) The means by which existing Union members may qualify for positions
created by such changes.
34
Dated at Thunder Bay this 1 C\ --f\.-- day of __ __,_A_·~~:..::__;:::__ ___ _,, 2014.
For the Board: For the Union:
35
APPENDIX A- JOB CLASSIFICATIONS & CATEGORIES
CATEGORY A
CATEGORYB
CATEGORYC
Accounts Payable Clerk
Accounts Receivable Clerk
Business Services Clerk
IPRC Departmental Secretary
School Services Departmental Secretary
Receptionist- Secondary School
Student Success Secretary
Receptionist/Switchboard/Mail Room
CATEGORYD
Accounts Payable/Receivable Clerk
Alternative Education/Special Education Departmental Secretary
Attendance Secretary- Secondary School
Budget Secretary- Secondary School
IRC Departmental Secretary
Plant Department Secretary
Student Services Secretary- Secondary School
Transportation Secretary- Secondary School
CATEGORYE
Elementary School Secretary
Head Secretary- Elementary School
Head Secretary- Secondary School
Head Secretary- Senior Elementary School
Purchasing Department Secretary
Senior Elementary School Secretary
CATEGORY F
Payroll Administrator
CATEGORYG
Senior Payroll Administrator
36
APPENDIX B- SALARY SCHEDULE
SEPTEMBER 1, 2012
Category Interval Hourly($) Monthly($)
Start 19.44 2948.40
6 Months 19.87 3013.62
A 1 Year 20.35 3086.42
2 Years 20.85 3162.25
3 Years 21.28 3227.47
Start 20.54 3115.23
B 6 Months 21.02 3188.03
1 Year 21.47 3256.28
2 Years 21.95 3329.08
3 Years 22.42 3400.37
Start 20.89 3168.32
c 6 Months 21.34 3236.57
1 Year 21.83 3310.88
2 Years 22.30 3382.17
3 Years 22.77 3453.45
Start 21.15 3207.75
6 Months 21.60 3276.00
D 1 Year 22.11 3353.35
2 Years 22.58 3424.63
3 Years 23.02 3491.37
Start 21.58 3272.97
E 6 Months 22.04 3342.73
1 Year 22.53 3417.05
2 Years 22.98 3485.30
3 Years 23.42 3552.03
Start 22.00 3336.67
F 6 Months 22.48 3409.47
1 Year 22.97 3483.78
2 Years 23.43 3553.55
3 Years 23.91 3626.35
Start 22.44 3403.40
G 6 Months 22.93 3477.72
1 Year 23.42 3552.03
2 Years 23.93 3629.38
3 Years 24.38 3697.63
37
1>-. c.l
i ' .. ~
i
a 0 :1 :a c:l 0 u
APPENDIX C- PREGNANCY/PARENTAL LEAVES OF ABSENCE
• two week waiting are the
period (no E.!. 55% of salary or
benefits) maximum established by
• 15 weeks of E. I. E.l.
benefits • Thunder Bay Catholic District School Board pays equivalent to E.!. benefits during the two week waiting period
• E.I. pays for 15 weeks followtng the waiting
• up to 35 weeks of E.!. • up to 37 weeks of leave • mother and father may
Benefits • for natural or adoptive share up to a combined
• for natural or parents total of 35 weeks of E.!.
adoptive parents • mother and father are benefits (at the lesser of
• mother or father or eligible 55% salary or maximum established E.I.)
• parent must have had • must have been hired by • benefit plans including
600 hours of employer at least 13 vision. extended health, insurable erunings in weeks before due date pension plans, life
last 52 weeks and must give at least 2 insurance, and dental will
• maximum of 50 weeks notice be maintained if the
weeks of combined • seniority accumulates employee continues to sickness/maternity I during the leave pay his /her portion of the
parental benefits • reinstatement to position benefits held before • The TBCDSB may allow
pregnancy /parental leave an unpaid leave of is guaranteed absence over and above
• employer will continue to the legislated time frames. pay its share of the If the employee wishes to
parent's benefit if the continue benefits the parent continues to pay employee must pay both
his/her share the employee's and the
If you contemplate accessing any of the above benefits, contact the Human Resources Department for clarification. The
above chart is meant as a guide and is not considered to be definitive.
38
LEITER OF INTENT REGARDING TEMPORARY TRANSFERS
Preamble
The intent of the following transfer procedure is to afford the opportunity for staff to temporarily transfer
to another position in order to facilitate learning, and exchange ideas, skills and procedures. To be
consistent with the positive intent of this concept, the transfer(s) must be mutually agreeable to all parties
concerned, including the supervisors of the staff involved.
Procedure
Should a supervisor wish to effect a temporary transfer, the supervisor will contact Human Resources and
describe the position and the incumbent they wish to transfer, the length of the transfer, and the reasons
for the transfer.
The Employee Services Manager and the Union will meet to discuss any requested transfers, and attempt to
facilitate them.
The decision to facilitate a transfer shall be a consensus decision of the Employee Services Manager and the
Union. If a transfer cannot be facilitated, the parties will be so notified.
The Employee Services Manager will notify affected personnel as to the outcome of the attempted
transfer(s).
Parameters
Each transfer will be for a mutually agreed upon length of time to a maximum of one (1) school year and
may be terminated at any time by mutual agreement of the Employee Services Manager and the Union.
An exchange in positions will not result in an additional cost to the Board.
A vacancy created in a position involved in such a temporary transfer during the period of the transfer will
be posted as the original position.
This procedure will be in effect for the life of this Agreement.
Dated at Thunder Bay this J.t_ da _m/ ____JIL_ 1
_::_ ~--4/-~' 2014. \
F.or the Union:
39
40
MEMORANDUM OF SETTLEMENT
Between
THUNDER BAY CATHOLIC DISTRICT SCHOOL BOARD (Hereinafter "the Board")
CANADIAN OFFICE AND PROFESSIONAL EMPLOYEES UNION LOCAL 454 PERMANENT EMPLOYEES
(Hereinafter "the Union")
The parties have mutually agreed that the following items from the Memorandum of Understanding (MOU) between the Government of Ontario and Canadian Office and Professional Employees Union dated June 27, 2013 shall be appended to, and form part of, the 2012·2014 Collective Agreement wrth the following amendments:
• Sick Leave/Short Term Sick Leave Disability Plan • Maternity Benefits • Unpaid Leave Days • Offsetting Measures for all Bargaining Units • Specialized Job Classes • Job Security for Support Staff
Where there is conflict between any term or provision of the Collective Agreement between COPE and the Board, the terms and provisions of the COPE MOU shall supersede the Collective Agreement terms or provisions and shall govern.
Signed this 30• day of September, 2013 at Thunder Bay, Ontario.
For the Board: For the Union:
II. Sick Leave/Short Term Sick Leave and Disability Plan
For employHS in an English catholic board, where two plans exiSt, the bargaining unit may choose either of the sick leave plans pursuant to the
terms of the ossrF MOU dated April 9, 2013 or the sick leave plan pursuant
to the terms of the OECTA MOU dated May 16, 2013.
For employHS In i!ln English Catholic board, where one plan exists, the
bargi!llnlng unit will hilve that Ame plan.
For the remaining bargaining units, the following shall apply:
Sick Leave/Short Tenn Sick Leave and Disability Plan
Sick...,eDays
1. An employee who was previously entitled to Sick leave under the 2008·2012
collective agreement will be entitled to this sick leave plan. In addition the sick
leave Is also available to:
• Employees hired In a term position or filling a long-term asSignment, with the length of the sick leave limited by the term of the
assignment.
• Any other full-time employee (for this purpose defined as greater
than 24 hours per week)
2. Each school year, an employee shall be paid 100 % of regular salary for up to
eleven (11) days of absence due to Illness. Dlness shall be defined as per the
2008-12 local collective agreement. Part-time employees shall be paid 100% of
their regular salary (as per their full-time equivalent status) for up to eleven
(11) days of absence due to Illness. Such days shall be granted on September 1
each year, or on the employee's first work day of the school year, provided the
employee Is actively at work and shall not accumulate from year-to-year.
3. Where an employee is absent due to sickness or Injury on his or her first work day In a fiscal year, a sick leave credit may only be used In respect of that day In
accordance with the follOwing:
a) If, on the last work day in the previous fiscal year, the employee used a sick leave credit due to the same sickness or Injury that requires the
employee to be absent on the first work day In the current flscal year:
I. the employee may not use a sick leave credit provided for the current fiscal year In respect of the first work day, and
II. the employee may use any unused sick leave credits provided for the
Immediately preceding fiscal year In respect of the first work day. 6
b) If 3 a) does not apply, the employee may use a sick leave credit provided for the current fiscal year In respect of the first work day If, for the purpose of providing proof of the sid<ness or Injury, the employee SUbmits,
1. the Information specified for that purpose In the employee's employment contract or collective agreement. or
II. If such information Is not specified In the employment contract or collective agreement. the Information specified for that purpose under a policy of the board, as It existed on hlgust 31, 2012.
c) If an employee Is absent due to sickness or Injury on his or her first work day In a fiscal year, section 3a) and b) also applies In respect of any work day Immediately following the employee's first work day until the employee returns to work In accordance with the terms of employment.
d) For greater certainty, the references In section 3a), b) and c) to a sickness or Injury Include a sickness or Injury of a person other than the employee If, pursuant to the definition of Illness In section 2, the employee Is entitled to use a sick leave credit In respect of a day on whiCh the other person Is sick or Injured.
e) A partial sick leave credit or short term sick leave credit will be deducted for an absence due to Illness for a partial day.
1. However, WSIB and LTD providers are first payers. In cases where the employee Is returning to work from an absence funded through WSIB or LTD, the return to work protocols Inherent In the WSIB/L TO shall take precedence.
4. Any leave of absence In the 2008-12 Collective Agreement, that utilizes deduction from sick leave, for reasons other than personal illness shall be granted without loss of salary or deduction from sick leave, to a maximum of five (5) days per school year. Local collective agreements that currently have less than five (5) davs shall remain at that number. Local collective agreements that have more than five (5) days shall be limited to five (5) days. These days shall not be used for the purpose of sick leqve nor shall they be accumulated from year-to-year.
5. For the purposes of section 2, If an employee of a board Is only employed to work for part of a year, the employee's eligibility for sick leave credits shall be reduced In accordance with the policy of the board, as It existed on August 31, 2012. If hired after the beginning of the fiscal year, a full-time employee Is entitled to the full allocation of sick leave credits as per sections 2 and 8.
6. The Board shall be responsible for any costs related to third party assessments required by the Board to comply with the Attendance Support Program. For
7
clarity, current practices with respect to the payment for medical notes will
continue.
7. The Parties agree to continue to cooperate In the ImplementatiOn and
administration of early Intervention and return to work processes.
Short Term Sick Leave
8. Each School year, an employee absent beyond the eleven (11) sick leave days
paid at 100% of salary, as noted In section 2 above, shall be entitled up to an
additional one hundred and twenty (120) days short term sick leave to be paid
at a rate of 90 per cent of the employee's regular salary if the employee Is
absent due to personal Illness including medical appointments and as per the
board adjudication processes In place as of August 31, 2012.
9. Short-Term Sick Leave days under the Short-Term Leave and Disability (STLDP)
shall be treated as traditional sick leave days for personal Illness including
medical appointments.
10.The Board's Disability Management Teams shall detennlne eligibility for the
Short-Term Leave and Disability Plan (STLOP) subject to the terms and
conditions of the 2008-2012 collective agreement and/or board policies,
procedures and practices In place during the 2011-2012 school year.
Short-Tenn Leave and Disability Plan Top-up (STLDPT)
11.For employee absences that extend beyond the eleven (11) sick leave days,
employees will have access to a sick leave top up for the purpose of topping up
salary to one hundred percent (100%) under the Short Tenn Leave and
Disability Plan.
This top up Is calculated as follows: • Eleven (11) days less the number of sick days used in the prior year.
12.In 2012-13, the trans~lon year, each employee shall begin the year with two (2)
·days In the top-up bank.
13.In addition to the top-up bank, compassionate leave top-up may be conSidered
at the discretion of the board. The compassionate leave top-up will not exceed
two (2) days and Is dependent on having two (2) unused leave days In the
current year. These days can be used to top-up salary under the STLDP.
14. When employees use any part of a short tenn sick leave day they may access
their top-up bank to top up their salary to 100%.
8
Long Term Assignments
1S.A member of the Unions who are signatories to this agreement and who Is
employed by a board to fill a long-term assignment position that Is a full year
for that employee's job class shall be eligible for the following Sick leave credits
dunng a board's fiscal year, allocated at the commencement of the long-term
assignment:
a) Eleven (11) days of Sick Leave paid at 100% of regular salary.
b) Sixty (60) days per year of Short Term Sick Leave paid at 90% of regular
salary.
16.A member of the Unions who are Signatories to this agreement and who Is
employed by a board to fill a long-term assignment poSition that Is less than a
full year for that employee's Job class shall be eligible for eleven (11) days of
Sick Leave and sixty (60) days of Short Term SICk Leave as per section 15,
reduced to reflect the proportion the assignment bears to the length of the
regular work year, and allocated at the start of the asSignment.
17.A long term assignment shall be as defined In the 2008-2012 collective
agreement Where no such definition exists, a long term assignment will be
defined as twelve (12) days of continuous employment In one assignment.
LTD Plans for Support Staft'
18. If the Long Term Disability Plan contained In the 2008-2012 collectfve agreement
requires a waiting peliod of more than 130 days, the 120 day short term sick
leave period referenced above shall be extended to the minimum waiting period
required by the plan.
9
•
III. Maternity Benefits
An employee who was previouSly entiUed to maternity benefits under the 2008-2012
oollectlve agreement will continue to be entitled to these benefits. In addition, the beneftls
are also available to:
o Employees hired in a term position or tiDing a long-term assignment, with the length
of the benefit limitEd by the term of the assignment
o Arf.t other full-time employee (for this purpose defined as greal2r than 24 hours per
week)
Employees on dally casual assignments are not entitled to maternity beneftts.
Eligible employees on pregnancy leave shaU rece111e a 100% salary through a SUpplemental
Em~ Benefit (SEB) plan for a total of not less than eight (8) weeks Immediately
following the birth of her chUd, subject to provisions In the 2008-2012 oollectlve agreement,
but with no deduction li'om sick leave or the Short Tenn Leave Disability Program (STl.DP).
Employees not eligible for a SEB plan will receive 100% of salary from the employer for a total of not tess than eight (8) weeks with no deduction from sick leave or STLDP.
For clarity, for any part of the eight (8) weeks that falls during a period of time that
Is not paid (le: summer, March Break, etc.), the remainder of the eight (8) weeks of
top up shall be payable after that period of time.
Employees who require a longer than eight (8) week recuperation period shall have
access to sick leave and the STOLP through the normal adjudication process.
For clarity the aforementioned eight (8) weeks of 100% salary is the minimum for all eligible employees, but where superior entitlements exist In the 2008-2012 Collective Agreement, those superior provisions shall apply.
Notwithstanding the above, where a bargaining unit so elects, the SEB or salary lacernent plan noted above will be altered to Include six (6) weeks at 100%, ect to the aforementioned rules and conditions, plus meslltng with any superior lements to maternity benefits contained In the 2008-2012 collective agreement
For example, a 2008-2012 Collective Agreement that Includes 17 weeks at 90% pay would resut In 6 weeks at 100% pay and an actltlonalll weeks at 90%.
10
IV. Unpaid Leave Days
There Is no requirement for employees to take an unpaid day.
11
V. Offsettiilg Measures for All Bargaining Units
Voluntary Unpaid Leave of Absence Program for All Bargaining Units
1. In order to provide potential flnandal savings to tlle Board, a Voluntary Unpaid Leave of Absence Program (VLAP) shall be established for all UniOns who are signatorieS to tllls agreement and tllelr respective bargaining units effective on tlle date of signature on tl1e present agreement
2. Employees may apply for up to ftve (5) unpaid leave of absence days for
personal reasons In each year of tl1e Collective Agreement
3. Requests for unpaid days shall not be denied provided tllat, If necessary, tl1ere are exped:ed to be enough available staff to rover for absent employees, and subjeCt to reasonable system and school requirements.
4. For voluntary unpaid leave days, which are scheduled in advance for tl1e 2013-2014 school year, the salary deduction will be equalized over the pay pet1ods of
the 2013-14 school year provided tlle requests are made In writing by September 15, 2013.
5. Voluntary unpaid leaves shall be reported as approved leaves of absence for the purposes of tl1e OMERS or OTPP, as applicable.
Attendance Recognition
A Shared Savings Initiative (SSI) shall be established In every bargaining unit. The SSI shall operate as follows:
Individual member sick leave usage for tlle 2013-14 school year shall be as per tl1e definition for sick leave In tlle 2008-2012 Collective Agreement and shall be determined as of June 30, 2014.
If a permanent regular bargaining unit member's usage Is below six (6) full days of
his/her days' absence, then tl1e member shall receive a payment equivalent to his/her daily rate. Annual compensation Is not to exceed what would have been paid In the absence of unpaid days.
For members of tlle Unions who are signatories to this agreement, otller than permanent regular bargaining unit members, the payment shall be equal to a member's regular dally rate of pay and shall be contingent upon the member having taken a VlAP day during the term of this collective agreement.
The payment shall be made at tl1e earliest opportunity following June 30, 2014.
12
VI. 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 dass, the parties may use existing means
under the collective agreement to adjust compensation for that job dass.
13
VII. Job Security for Support Staff
lob Security
1. The existing FTE complement as of March 30, 2013, in all jOb classes of the
Unions who are signatories to this agreement, will be maintained until August 31,
2014. For clarity, a jOb class iS defined as per existing collective agreements or
the past practice of the parties In Implementing surplus proVIsions.
2. Staffing provisions contained In the 2008·12 collective agreements with regard to
surplus and bumping will continue.
3. Notwithstanding the above, layoff of permanent employees, after the date of
Signing of this agreement, can occur, only In the following circumstances:
a. A catastrophic or unforeseeable event or circumstance;
b. Declining enrolment; or c. Funding reductions directly related to services provided by bargaining unit
memberS.
4. Where complement reductions are required pursuant to 3 (b) or (c) above, they
shall be achieved as follows:
a. In the case of declining enrolment, staffing reductions shall occur at a rate
not greater than the rate of student loss, and b. In the case of funding reductions, staffing reductions shall not exceed the
amount of such funding reductiOns.
5. Reductions as may be required in 3 (b) and (c) above shall only be achieved
through lay-off after consultation with the applicable Union on altematlve
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 wor1<force reductiOn program (contingent
on full provincial government funding).
6. Every effort should be made to minimize necessary layoffs through attrition.
Notwithstanding the above, a board may reduce their complement through attrition.
7. These Job Security proviSions expire on August 31, 2014.
8. In the event that the current collective agreement contains jOb security
proviSions which are superior to the above, such existing proVISions shall prevail.
14