Collective Agreement between DSB1 AND CUPE

Predecessor Board

A predecessor Board shall be defined as the former Hearst Board of Education, the Kapuskasing Board of Education, Cochrane Iroquois Falls Black River Matheson Board of Education, Timmins Board of Education, Kirkland Lake Board of Education, or Timiskaming Board of Education.

Predecessor Board’s Jurisdiction

The predecessor Board’s jurisdiction shall be the area under the jurisdiction of the former Hearst Board of Education, the Kapuskasing Board of Education, Cochrane Iroquois Falls Black River Matheson Board of Education, Timmins Board of Education, Kirkland Lake Board of Education, or Timiskaming Board of Education.

Northern Region

The Northern Region shall be defined as the jurisdiction of the former Hearst Board of Education, Kapuskasing Board of Education and Cochrane Iroquois Falls Black River Matheson Board of Education.

Central Region

The Central Region shall be defined as the jurisdiction of the former Timmins Board of Education.

Southern Region

The Southern Region shall be defined as the jurisdiction of the former Kirkland Lake Board of Education and the Timiskaming Board of Education.

Definition of Employee

1. Permanent full-time employees are employees who work twenty (20) hours per week or more on a regular basis and have successfully completed their probationary period.
2. Permanent part-time employees are employees who work less than twenty (20) hours per week on a regular basis and have successfully completed their probationary period.
3. A Temporary employee is an employee hired into a posted position to temporarily replace the absence of a permanent full-time employee or a permanent part-time employee.
4. A Casual employee is an employee hired to temporarily replace the absence of a permanent or posted temporary employee on a casual call-in basis.

1.01 The purpose of this Agreement is to maintain a harmonious relationship between the Board and its employees; to provide an amicable method of settling any grievances which may arise between the Board and its employees; to promote mutual interests of the Board and its employees; to provide for the operation of all schools, business offices and buildings under the jurisdiction and in use by District School Board Ontario North East under methods which will further to the fullest extent possible the safety and welfare of its employees, and its students, and the economy of operation and protection of property and the welfare of the public.  It is recognized by this Agreement to be the duty of the Board, its employees and the Union to cooperate fully, individually and collectively for the advancement of said conditions.

2.01 The Board, or anyone authorized to act on its behalf, approves and recognizes the Canadian Union of Public Employees and its Local, #8888, as the sole collective bargaining agency for all employees of the District School Board Ontario North East engaged in maintenance services and plant operations, save and except Building Supervisors and persons equal to or above the rank of Building Supervisors.

2.02 Persons whose regular jobs are not in the bargaining unit shall not work on any jobs which are included in the bargaining unit except for purposes of training, testing, time study or emergency.

2.03 No employees shall be required or permitted to make any written or verbal agreement which may conflict with the terms of this Collective Agreement.

2.04 In respect of employees covered by this Agreement, the Board shall not recognize during the term of this Agreement any other bargaining agent in respect to any matters herein dealt with.

2.05 No Discrimination

The Board, the Union and their respective servants and agents agree that all parties will abide and adhere to all regulations as outlined under the Ontario Human Rights Code and the Labour Relations Act, as amended. The Board and the Union agree that there shall be no discrimination, interference, restriction or coercion by reason of the employee’s membership in the Union or because of the employee’s activity or lack of activity in the Union.

2.06 Access to Personnel File

Upon prior written request to Human Resources, an employee will be provided with a copy of their personnel file. The file will be copied, and the employee will pick up the file at the Board Office (Schumacher or New Liskeard), with a signature upon pickup.

When an employee disputes the accuracy or completeness of any such information, they shall do so in writing and this information shall be added to the file.  Subject to written notification, the Board will correct any personal data which reflects the employee’s current status.

2.07 If the employee is to receive a derogatory notation or disciplinary action, which is to be placed on the employee's record, the employee shall have the right to have a Steward present at any disciplinary meeting with supervisory personnel. Where an employee is to be disciplined or suspended, the Board will inform the employee concerned of the right to have Union representation present.

3.01 The Union acknowledges that, except as expressly modified by any other article of this Collective Agreement, it is the exclusive function of the Board to manage and direct its working forces, operation and affairs in all respects and without limiting or restricting that function,

1. to maintain order, discipline and efficiency, and to make, alter and enforce rules and regulations to be observed by employees;
2. to determine the number and location of the Board’s establishments, the services to be rendered, the methods, the works procedures, the kinds and locations of machines, tools and equipment to be used; to select, control and direct the use of all materials required in the operation of the school; to schedule the work and services to be provided and performed, and to make, alter and enforce regulations governing the use of materials, equipment, services and facilities as may be deemed necessary by the Board or its agents;
3. to hire, promote, demote, classify, transfer and retire employees, to assign employees to shifts and other hours of work and to discipline or discharge regular employees who have successfully completed their probationary period for just cause and to discipline or discharge any probationary employee for sufficient cause.

4.01 All current and future employees of the Board, as a condition of continuing employment, shall become and remain members in good standing of the Union, according to the Constitution and By-laws of the Union.  The Union shall be the sole judge of the good standing of its members.

5.01 The Board will provide a Union notice board in a non-public area of each Board premises that come under certification.

5.02 Notices relating exclusively to the date, time, purpose of meeting and location of Union meetings do not need the written approval of the Superintendent of Business and Finance prior to being posted upon the notice board referred to in paragraph 5.01, above.

6.01 The Board agrees to deduct from every employee any monthly dues or assessment levied, in accordance with the Constitution and the Union By‑laws and owing by him/her to the Union.

6.02 Deductions shall be made from each pay in accordance with Article 6.01 above and shall be forwarded to the National Secretary‑Treasurer of the Union not later than the fifteenth (15) day of the month following, accompanied by a list of all employees from whose wages the deductions have been made.

6.03 The Board will not be responsible for Union dues deducted from employees.  The Union shall save the Board harmless in respect of any deductions and/or remittances made pursuant to Article 6. CUPE and/or the Bargaining Unit, as the case may be, shall indemnify and hold the Employer harmless from any claims, suits, attachment and any form of liability as a result of such deductions authorized by CUPE and/or the bargaining unit.

6.04 The employer will provide to the Union a list of all the employees in the bargaining unit. The list will include each person’s name, job title/classification, location, FTE and Board email address. The employee contact list will be provided in an electronic spreadsheet to the Union contact designated by the Local Executive twice yearly.

The Board will copy the union on all approved long-term leaves.

7.01 The Board agrees to advise new employees of the fact that a Union Agreement is in effect.

7.02 A copy of the Collective Agreement will be posted on https://docushare.dsb1.ca/docushare for all new Union members and they shall be advised as to where to access the agreement.  A list of CUPE executive members will be included in the hiring package.

9.01 The Union acknowledges that stewards have regular duties to perform as employees of the Board and that such employees shall not leave their regular duties for the purpose of presenting or discussing grievances on behalf of the Union without first obtaining permission from the Manager of Building Services or designate and notifying the Principal or their designate.  Such permission shall not be unreasonably withheld.

9.02 The Union will notify the Board in writing of the name of each shop steward, the schools they represent, and any changes thereto as they occur.

Copies of all Board minutes and By-laws adopted by the Board are posted on our website.

10.01 Joint Negotiation Committee

The Board acknowledges the right of the Union to appoint or otherwise select a Union Joint Bargaining Committee, consisting of not more than five (5) employees of the Board plus the President and the Union acknowledges the right of the Board to appoint or select five (5) elected persons as members of the Board's Joint Bargaining Committee for negotiations.  The Union will advise the Board of the names of the members of the Union Joint Bargaining Committee.  The Board shall advise the Union of the names of their Joint Bargaining Committee members.

10.02 Representatives of Canadian Union

The Union shall have the right at any time to have the assistance of a Representative(s) of the Canadian Union of Public Employees.  The Board shall have the right to have administration and counsel present at any time.

10.03 Time Off for Meetings

Any representative of the Union on this Committee who is in the employ of the Board shall have the privilege of attending meetings of the Joint Bargaining Committee held within working hours without loss of remuneration. During meetings of the Joint Bargaining Committee, an employee who is on the Joint Bargaining Committee and who is scheduled to work the afternoon or night shift shall have their shift rescheduled upon request by the employee to the Manager of Building Services one week prior to the Joint Bargaining Committee meeting.

11.01 Seniority

Seniority is defined as date of hire.  Seniority and the ability to perform the work shall govern all promotions, transfers, demotions, layoffs and recalls.

The Board shall prepare and post seniority lists once per year as of August 31^st and on or before November 1^st.  After thirty (30) calendar days following November 1^st, the seniority list will be deemed correct if no errors or omissions are identified.

Up to date lists shall be sent to the Union and the Canadian Union of Public Employee’s Office.

11.02 Loss of Seniority

An employee shall lose their seniority standing and their name shall be removed from seniority listing and their employment to be deemed to be terminated for just and sufficient cause for any of the following reasons:

1. If the employee is discharged from the employ of the Board and the decision is not reversed as a result of the grievance procedure;
2. If the employee resigns;
3. If the employee is absent from work without permission of the Board for more than five (5) consecutive working days or overstays a permitted leave of absence and fails to provide a reason which is satisfactory to the Board.
4. If the employee has been laid off continuously for a period in excess of their length of seniority since date of last hiring or twelve (12) consecutive months, whichever is shorter; however, an employee with five (5) or more years seniority shall be retained on the recall list for a period of three (3) years.
5. If an employee who has been recalled from layoff fails to advise the Board that they intend to return to work within ten (10) working days of the date that the Board sends notice by registered mail to their last address on record with the Board, or fails within that period of time to provide the Board with an acceptable reason for not returning. It shall be the responsibility of the employee to keep the Board informed of their address.
6. An Employee utilizes a leave of absence for purposes other than those for which it was granted.

11.03 Seniority During Transfers to Supervisory Positions

The selection or appointment of employees for supervisory positions, or for any position within the Board not subject to this Agreement, is not governed by this Agreement. An employee who accepts a supervisory position within the Board will have a two (2) month trial period. After the two (2) month trial period, the employee will forfeit the right to return to the bargaining unit position. The seniority accumulated in such a position shall not be credited to the employee and the employee shall be placed in a job consistent with their seniority prior to the transfer.

11.04 Temporary and Casual Employees         

1. A temporary employee is an employee hired to a posted position to temporarily replace the absence of an employee on leave.
2. Temporary and casual employees shall be placed on a seniority list based on last date and time of hire.
3. The Union shall be notified in writing of the names of new employees who have been hired along with the date of hire.
4. Casual employees shall be called in rotation via the SMARTFIND automated system.
5. Temporary employees shall be paid for statutory holidays using the same criteria as applied to permanent employees. Casual employees shall be paid for statutory holidays as per ESA standards.
6. A temporary or casual employee who, during the probationary period, proves unsatisfactory in a position, or is unable to perform the duties of the position shall be removed from the position. Employees who have successfully completed the prescribed probationary period may not be removed without just cause.
7. All new temporary and casual employees hired shall be on probation for the first one hundred and twenty (120) worked days, from the date they commence work in the position. 
8. A temporary or casual employee who has successfully completed the prescribed probationary period will be paid at the rate of pay assigned to the employee being replaced.

11.05 Movement of Temporary or Casual Employees to Permanent Opportunities

1. Both parties recognize that job opportunity should increase in proportion to length of service, therefore, the job will be offered to the best applicant having the qualifications, skill, and ability to perform the work satisfactorily. Where two applicants are qualified and considered of equal merit, the senior applicant will be offered the position. 

1. When a temporary or casual employee is successful in obtaining a permanent position, then the number of hours worked for the twelve months preceding the date of hire as a permanent employee, divided by two-thousand eighty (2080) hours will be used to determine length of service.
2. The seniority date, for the permanent employee seniority list, is calculated by using the date of hire as a permanent employee less the length of service.

12.01 Definition of Layoff

A layoff shall be defined as a reduction in the workforce or a reduction in regular hours of work as defined in the Agreement.

12.02 Role of Seniority in Layoffs

In the event of a layoff, employees shall be laid off in the reverse order of their bargaining unit-wide seniority.

Positions to be eliminated shall be identified:  Position and location.

Laid off employees may bump an employee with less seniority working the same or fewer hours per week in the same or lower classification:

1^st:    in their present location

2^nd:   in their Region (Northern – Central – Southern)

3^rd:    bargaining unit-wide

provided the employee exercising their right is qualified and has the ability to perform the work of the employee with less seniority.  

It is understood that employees may not exercise partial bumping, for example a 0.5 FTE cannot bump a portion of another position.

Employees cannot bump into higher category positions. For example, a Custodian 1 cannot bump into a Head Custodian position.

12.03 Layoff and Recall

The Board shall notify employees who are to be laid off at least fifteen (15) days before the layoff is effective.  If the employee has not had the opportunity to work the days as provided in this article, they shall be paid for the days for which work was not made available.

In the event of a layoff, probationary employees shall be laid off first.

Employees shall be recalled in the order of their seniority, providing they have the ability to do the work satisfactorily.  Permanent employees shall be given preference over employees on a recall list when a job is posted.

The Board agrees in the event of a layoff, that employees so affected will be covered for an extended period of thirty (30) days after which they will be given the right to continue medical and dental coverage through direct payment of one hundred percent (100%) of the cost to the Board for the period of time on the recall list as per Article 11.02 d).  The premium will be collected monthly by using a pre authorized debit from the employees bank account.

12.04 No New Employees

New employees shall not be hired until those laid off have been given the opportunity of recall.

13.01 A permanent employee who is appointed to another classification will be placed on a trial period of thirty (30) working days during the period September 1 to June 30 of any one school year.  Conditional on satisfactory service the employee shall be granted the position after the period thirty (30) worked days.

13.02 When an employee during the trial period proves unsatisfactory in the position, or the employee decides to return to their former position during the trial period the employee shall be returned to their former position, wages or salary rate, without loss of seniority.  Any other employee promoted or transferred because of the rearrangement of positions shall also be returned to their former position, wage or salary rate without loss of seniority.  It is understood that the position being vacated will be offered to the candidate who was finished 2nd in the original posting.

13.03 When a vacancy occurs or a new job is created within the scope of the bargaining unit, the said job shall be posted for six (6) working days and shall include type of  job, rate of pay, location and hours of work.

13.04 Temporary Posting

When any permanent employee has been or is expected to be absent for a period in excess of thirty (30) days, the said job shall be posted at once for six (6) working days and shall include type of job, rate of pay, location and hours of work. 12 months after the initial absence of the employee, the position shall be posted as a permanent position.  

If and when the permanent employee is able to return, they shall be returned to their former position and the employee replacing the permanent employee shall be laid off subject to Article 12.

Clarity Note: This posting does not apply to ESA Job Protected Leaves, Maternity leave or extended leave of absence.

13.05 Within ten (10) working days of the closing job posting the successful applicant shall be placed into the posted position and the Union shall be notified in writing.  All postings will be posted Board wide.

13.06 Method of Making Appointments

1. Both parties recognize that job opportunity should increase in proportion to length of service, therefore, the job will be offered first to the most senior permanent employee who is qualified and who has the ability to perform the work.

1. 1. If no permanent employee applies, the Board shall offer the position to the most senior employee on the recall list who applied for the position.
   2. The Board shall consider applications from temporary and casual employees.
   3. If no temporary or casual employee is the successful applicant, the Board will then go outside the bargaining unit.

When an employee temporarily relieves another in a higher classification, the employee shall receive the rate applicable to the higher classification in this position.

When an employee is directed to temporarily relieve another in a position of lower classification, the employee shall maintain their regular rate of pay while so assigned.

13.07 Union Notification

The Union shall be notified in writing of all appointments, hirings, layoffs, recalls and terminations of employment. Following job posting, the Board will advise all applicants as to the name of the successful applicant with a copy to the Union within ten (10) days.

13.08 Union Leave

The Board agrees that where permission has been granted to representatives of the Union to leave their employment temporarily in order to carry on negotiations with the Board, or with respect to a grievance, they shall suffer no loss of pay for the time so spent.

13.09 Probationary Period

All new permanent employees hired shall be on probation for the first one hundred and twenty (120) worked days from the date they commence work in the position.

14.01 Complaints and grievances shall be dealt with in the following manner and all grievances must be in writing and recorded within five (5) working days of the discovery of the alleged grievance:

Step 1

The employee or the steward shall first raise the complaint verbally with the Immediate Supervisor; and they will have five (5) days to reply.

Failing settlement within five (5) days following the verbal decision, the grievor accompanied by the steward may take the matter up in written form with the Manager of Property/designate and they will have five (5) days to reply.

Step 2

Within five (5) working days following the decision in Step 1, the employee accompanied by the Grievance Committee may take the matter up with the Superintendent of Business and Finance/designate.  Failing settlement within five (5) working days, then;

Step 3

Within fourteen (14) working days following the decision in Step 2, the Union Grievance Committee may request that a meeting be convened with the Director of Education/designate.  The Director of Education/Designate shall meet to hear the Union’s grievance within ten (10) working days of receipt of the Union’s request for the meeting.  An Officer of the Union may be present at the Board’s Grievance Committee meeting.

The Director of Education/designate after consultation with the Board shall render its decisions within thirty (30) working days.  Failing settlement at Step 3, the Union may within seven (7) additional working days following the Board’s response refer the matter to Arbitration by giving written notice within seven (7) additional working days as hereinafter provided.

14.02 Replies to grievances shall be in writing at all stages.

14.03 The Board shall supply the necessary facilities for Grievance Meetings.

14.04 It is understood that the Union representative will be paid for their regular shift but will not be paid overtime while meeting to resolve grievances.

At Step 2, the Union Vice-President/or designate living closest to the grievor, and the grievor will meet with the Regional Superintendent or their designate.

At Step 3, the Union President, Vice-President, Steward and grievor will meet with Board’s Grievance Committee.

Note: Employees attending grievance meetings that are in excess of four (4) hours, including travel time to and from meetings, will not be required to work their regular shift that day.  The employee will be paid for their regular shift but will not be paid overtime.

It is understood that the grievance meeting in Step 3 will be held in the predecessor board office location closest to the grievor. If the Board decides to move the meeting to another location, the Board will pay the mileage for the grievor and Union Vice-President in one car. In certain circumstances the meetings may be held virtually. The Board will provide the appropriate access to technology.

The Board will pay mileage for the Union President/designate to attend meetings as outlined in Steps 1, 2 and 3 in accordance with board practice.

14.05 Policy Grievances

Any differences arising directly between the Union and the Board concerning the interpretation, application, administration, or the alleged violation of the provisions of this Agreement may be submitted by either party to the other at Step 2 of the Grievance Procedure.

14.06 Group Grievance

A group grievance, which is defined as an alleged violation of this Agreement concerning two (2) or more employees of the Board, follows the same procedure as the individual grievance procedure.

14.07 Upon written request of the employee to the Senior Manager of Human Resources, documents contained in the employee’s personnel file which are disciplinary in nature and all supporting documents shall be removed from the file thirty (30) months after their date of issue, unless further similar disciplinary action has occurred in that period.

Notwithstanding the above clause, disciplinary materials regarding suspensions, harassment or violence, or any discipline related to physical, emotional or psychological harm to students or other employees of the Board will remain in an employee’s File.

15.01 Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement including any question as to whether an allegation is made that this Agreement has been violated either of the parties may, after exhausting any grievance procedure established by this Agreement, notify the other party in writing of its desire to submit the difference or allegation to arbitration and the notice shall contain the name of the first party’s appointee to an Arbitration Board.  The recipient of the notice shall within five (5) days, inform the other party of the name of its appointee to the Arbitration Board.  The two appointees so selected shall within five (5) days of the appointment of the second of them, appoint a third person who shall be the Chairman.  If the recipient of the notice fails to appoint an arbitrator, or if the two appointees fail to agree upon a Chairman within the time limits, the appointment shall be made by the Minister of Labour, upon the request of either party.  The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision and the decision is final and binding upon the parties and upon any employees affected by it.  The decision of a majority is the decision of the Arbitration Board, but if there is not majority the decision of the Chairman governs.

15.02 Each of the parties hereto shall bear the expense of the arbitrator appointed by it, and the parties hereto shall jointly bear equally the expenses of the third party, and any cost of the place of hearing of such arbitration if and when the necessity arises.  It is further agreed that arbitration hearings shall be held in Timmins or such other place as may be mutually agreed to by the parties hereto.

15.03 In no event shall the Board of Arbitration have the power to change this Agreement or alter, modify or amend any of its provisions.  However, the Board of Arbitration shall have the power to dispose of any discharge or discipline grievance by any arrangement which, in its opinion, it deems just and equitable.

15.04 The Employer and the Union agree that by mutual written agreement of the parties, a Sole Arbitrator may be substituted for a Board of Arbitration.  The appointment and jurisdiction of the Arbitrator shall conform to the provisions of this Article. Each party shall pay one-half (½) of the fees and expenses of the arbitrator and any costs of the place of hearing of such arbitration if and when the necessity arises.

15.05 Wherever Arbitration Board or a Sole Arbitrator is referred to in the Agreement, the parties may mutually agree in writing to utilize the services of a Mediation Officer.

16.01 If any employee believes that their discharge was without just cause, the grievance shall be taken up under the Grievance Procedure starting at Step 2.  The grievance shall be presented in writing within seven (7) working days after the date of the aforementioned discharge.

17.01 The normal hours of work shall be forty (40) hours per week consisting of five (5) consecutive days of eight (8) hours, except as otherwise agreed upon in writing between the Board and the Union.

17.02 All employees shall be entitled to the following paid breaks:

• • 0 – 2 hour shift: no break
  • >2 to <5 hour shift: one (1) fifteen (15) minute break
  • >5 to <7 hour shift: one (1) thirty (30) minute break
  • >7 to <8 hour shift: one (1) fifteen (15) minute break and one (1) thirty (30) minute break
  • 8 hour shift: two (2) fifteen (15) minute breaks and one (1) thirty (30) minute break

All employees are to remain at the work location during all paid lunches and breaks.

17.03 Notwithstanding the provisions of Article 17.01 where the Board deems it necessary to schedule five (5) consecutive days of eight (8) continuous hours of night shifts, such shifts shall be scheduled in the interval between 12:01 a.m. Monday to 8:00 a.m. Saturday, and a one (1) half hour (1/2) lunch period shall form a part of such shift in addition to the rest periods set out in Article 17.02.

17.04 Split Shifts

Split shift shall not be scheduled for a period of time to exceed eleven (11) hours from start to finish.  There shall be no more than one (1) split per day.

17.05 

1. All time worked beyond the normal work day shall be on a voluntary basis and shall be deemed to be overtime.  Overtime shall be paid for at the rate of time and one‑half for all hours worked.
2. Permanent part-time employees working less than eight (8) hours per day and who are required to work longer than the regular working day shall be paid at the rate of straight time for the hours so worked up to and including eight (8) hours in the working day.  Overtime rates as in Clause 17.01 (a) and 17.02 shall apply after eight (8) hours in the working day and for all work performed on holidays and regular days off.

17.06 Any employee who is required to work a regular day off shall be paid at the rate of double their standard rate of pay, except in the case of Community Use of Schools and Minimal call backs.

Any employee required to work on a holiday shall be paid at the rate of double time and one-half their standard rate of pay for every hour worked.

17.07 Overtime Meal Allowance

Employees required to work more than ten (10) consecutive hours in any day or shift shall be provided with a meal allowance of twelve dollars ($12.00).

17.08 Minimum Call-Back Time

Every employee who is called out or required to work in an emergency outside their regular working hours shall be paid at the rate of a minimum of four (4) hours at their regular rate or time and one‑half for all hours worked, whichever is greater.

Start time of the call-out shall begin once the employee arrives at the school.

A subsequent call-out occurring within the four (4) hour period of the original call-out, to the same location, shall be considered a continuation of the original call-out.

17.09 Overtime in any school shall be offered to the most senior employee in the school first, provided they have the required qualifications.  If refused then it shall be offered to the next most senior employee.  Any Overtime must be approved beforehand by the Building Supervisor or Manager, unless in an emergency situation.

17.10 Overtime During Lay-Offs

Save and except an emergency situation there shall be no overtime worked while there are employees on the recall list in the same or similar type of classification and who are qualified to perform the available work, providing such employees are accessible and available at the time required.

17.11 All holidays as set out in Clause 18.01 shall be, for the purpose of computing weekly overtime, as hours worked.

Example: If a holiday(s) as outlined in Clause 18.01 is observed during the work week, the work week then becomes a thirty-two (32) or twenty-four (24) hour week, and all hours worked in excess of thirty-two (32) or twenty-four (24) hours shall be deemed as overtime and paid as per sub‑articles 17.01 and 17.02.

17.12 Weekend School Checks

Where employees who are on a regular Monday to Friday shift are required to do weekend school checks, they shall be paid a minimum of four (4) hours pay at straight time rates or actual hours worked at time and one-half (1 ½), whichever is greater.

17.13 Scheduling shall be on an individual school basis between property managers or designate and custodians and shall provide two (2) consecutive days off.

17.14 Any permanent changes in the hours and days of work of each employee shall be posted in an appropriate place at least one (1) week in advance.

17.15 Twenty-four (24) hours’ notice shall be given before change of shift, except in cases of emergency.  Failure to provide at least sixteen (16) hours rest between shifts which are being changed shall result in payment of overtime at established rates for any hours worked during each normal rest period.

17.16 Exchange of hours with other employees is permissible subject to the approval of the Building Supervisor or Manager prior to any exchange taking place.

17.17 School checks during March or December breaks will not be given to those who have a floater or vacation booked.

17.18 Community Use of Schools

When board/designated permits the use of the schools facilities by outside groups and the Board/Designated determines a custodial is necessary these hours will be offered as extra hours to casual or less than full-time employees on a rotation basis who have not worked 40 hours in the week. If no casual or less than full-time employees are available then permanent custodial staff shall be called in for such activities as per Article 17.08 Minimum Call-Back Time, on the basis of seniority.

19.01 All full-time and permanent part-time employees shall receive vacation as follows:

One (1) to three (3) years                       Ten (10) days with pay in the calendar year

Three (3) to seven (7) years                   Fifteen (15) days with pay in the calendar year

Seven (7) to sixteen (16) years               Twenty (20) days with pay in the calendar year

Sixteen (16) to twenty-five (25) years     Twenty-five (25) days with pay in the calendar year

Twenty-five (25) years or more               Thirty (30) days with pay in the calendar year

All vacation allotments and increases in vacation shall be made in the employee’s anniversary year providing service is continuous.

Example:

An employee whose anniversary date is October 1^st who in that calendar year moves to three (3) years of service shall receive fifteen (15) days with pay.

19.02 An employee shall be entitled to their vacation allocation with pay in the calendar year providing the years of service are continuous.  Employees who resign prior to the commencement of the vacation period shall be paid their vacation allocation at the rate of two percent (2%) per week of earnings for the period employed during the vacation year (January 1^st to December 31^st).

19.03 Should an employee leave before their anniversary date, their vacation would be prorated.  The vacation year will be recognized as January 1^st to December 31^st of any given year.

19.04 A one (1) week notice is to be give for all vacation requests.

19.05 Statutory Holidays During Vacation

If a statutory holiday is observed during an employee’s vacation period, the employee shall be granted an additional day’s vacation with pay for each such holiday, in addition to his/her regular vacation time.

19.06 All eligible employees shall be granted the vacation period preferred by the employee wherever possible in view of operating requirements.  Preference in choice of vacation dates shall be determined by seniority and by category at the discretion of the Board.

19.07 Permanent part-time employees shall receive vacation with pay as per Article 19.02 (based on regularly scheduled hours).

19.08 Where an employee is hospitalized, or is eligible for bereavement leave during their period of vacation, there shall be no deduction from vacation credit for such absence.  The period of vacation so displaced shall either be added to the vacation period or reinstated for use at a later date at the employee’s option.  If hospitalized, the equivalent number of days will be deducted from accumulated sick leave.

22.01 Pay Days

The Board shall pay salaries and wages in accordance with Appendix A. On each pay day, each employee shall be provided with an itemized statement of their wages and deductions.  Pay day shall be every second Thursday.  Pay shall be deposited to the employee's bank account every second Thursday.

23.01

1. When the duties in any classification significantly change or when any position not covered by Appendix A is established during the life of this agreement, the rate of pay shall be subject to negotiations between the Board and the Union.  If the parties are unable to agree as to the classification and/or rate of pay of the job in question, such dispute shall be submitted to arbitration.  The new rate shall become retroactive to the time the position was first filled by an employee.
2. When a permanent employee has been on L.T.D. for twelve (12) full months, the Employer shall post the position as a permanent job in accordance with Article 13 (Job Posting); and, secondly, if there are no acceptable applications from within the bargaining unit, a person from outside the bargaining unit shall be hired as a permanent employee.