CUPE Central Terms
C1.00 STRUCTURE AND ORGANIZATION OF COLLECTIVE AGREEMENT
C1.1 Separate Central and Local Terms
The collective agreement shall consist of two parts. Part “A” shall comprise those terms which are central terms. Part “B” shall comprise those terms which are local terms.
C1.2 Implementation
Part “A” may include provisions respecting the implementation of central terms by the school board and the union. Any such provision shall be binding on the school board and the union. Should a provision in Part A conflict with a provision in Part B, the provision in Part A, Central Term will apply.
C1.3 Parties
- a) The parties to the collective agreement are the school board or school Authority and the union.
- b) Central collective bargaining shall be conducted by the central employer and employee bargaining agencies representing the local parties.
C1.4 Single Collective Agreement
Central terms and local terms shall together constitute a single collective agreement for all purposes.
C2.00 DEFINITIONS
C2.1 Unless otherwise specified, the following definitions shall apply only with respect to their usage in standard central terms. Where the same word is used in Part B of this collective agreement, the definition in that part, or any existing local interpretation, shall prevail.
C2.2 The “Central Parties” shall be defined as the employer bargaining agency, the Council of Trustees’ Associations/Conseil d’Associations des Employeurs (CTA/CAE) and the employee bargaining agency, the Canadian Union of Public Employees/Syndicat Canadien de la Fonction Publique (CUPE/SCFP).
CUPE/SCFP refers to the designated employee bargaining agency pursuant to subsection 20 (1) of the School Boards Collective Bargaining Act, 2014 for central bargaining with respect to employees in the bargaining units for which CUPE/SCFP is the designated employee bargaining agency.
CTA/CAE refers to the designated employer bargaining agency pursuant to subsection 21 (6) of the School Boards Collective Bargaining Act, 2014 for central bargaining with respect to employees in the bargaining units for which CUPE/SCFP is the designated employee bargaining agency. The CTA/CAE is composed of:
- ACEPO refers to l’Association des conseils scolaires des écoles publiques de l’Ontario as the designated bargaining agency for every French-language public district school board.
- AFOCSC refers to l’Association franco-ontarienne des conseils scolaires catholiques as the designated bargaining agency for every French-language Catholic district school board.
- OCSTA refers to the Ontario Catholic School Trustees' Association as the designated bargaining agency for every English-language Catholic district school board.
- OPSBA refers to the Ontario Public School Boards' Association as the designated bargaining agency for every English-language public district school board, including isolate boards.
3.0 LENGTH OF TERM/NOTICE TO BARGAIN
C3.1 Term of Agreement
The term of this collective agreement, including central terms and local terms, shall be from September 1, 2022 to August 31, 2026 inclusive.
C3.2 Term of Letters of Agreement/Understanding
All central letters of agreement/understanding appended to this agreement, or entered into after the execution of this agreement shall, unless otherwise stated therein, form part of the collective agreement, run concurrently with it, and have the same termination date as the agreement.
C3.3 Amendment of Terms
In accordance with Section 42 of the School Boards Collective Bargaining Act, 2014, the central terms of this agreement, excepting term, may be amended at any time during the life of the agreement upon mutual consent of the central parties and agreement of the Crown. It is understood the union will follow its internal approval process.
C3.4 Notice to Bargain
- Where central bargaining is required under the School Boards Collective Bargaining Act, 2014, notice to bargain centrally shall be in accordance with Sections 31 and 28 of that Act, and with Section 59 of the Labour Relations Act, 1995.
- Notice to commence bargaining shall be given by a central party:
- within 90 (ninety) days of the expiry date of the collective agreement; or
- within such greater period agreed upon by the parties; or
- within any greater period set by regulation by the Minister of Education.
- Notice to commence bargaining shall be given by a central party:
- Notice to bargain centrally constitutes notice to bargain locally.
- Where no central table is designated, notice to bargain shall be consistent with section 59 of the Labour Relations Act, 1995.
C4.00 CENTRAL DISPUTE RESOLUTION PROCESS
The following process pertains exclusively to disputes and grievances on central matters that have been referred to the central process. In accordance with the School Board Collective Bargaining Act, 2014 central matters may also be grieved locally, in which case local grievance processes will apply. In the event that central language is being grieved locally, the local parties shall provide the grievance to their respective central agents. Where a local grievance has been filed, the central parties will jointly recommend in writing to the Local Parties that the local grievance be held in abeyance until the Central Dispute Resolution Committee, the Central Parties, or the Crown takes action under Article 4.
C4.1 Statement of Purpose
- The purposes of the Central Dispute Resolution Process (CDRP) shall include the expeditious processing and resolution of disputes through consultation, discussion, mediation or arbitration, and the avoidance thereby of multiplicity of proceedings.
C4.2 Parties to the Process
- There shall be established a Central Dispute Resolution Committee (“The Committee”), which shall be composed of equal representation of up to four (4) representatives each of the employer bargaining agency and employee bargaining agency (“the central parties”), and up to three representatives of the Crown. The Committee will be co-chaired by a representative from each bargaining agency. All correspondence to the committee will be sent to both co-chairs.
- The Central Parties and the Crown will provide a written list of representatives appointed to the Committee with contact information every September. Any changes in representation will be confirmed in writing.
- A local party shall not be party to the CDRP, or to the Committee, except to the extent its interests are represented by its respective central party on the Committee.
- For the purposes of this section, “central party” means an employer bargaining agency or employee bargaining agency, and “local party” means an employer or trade union party to a local collective agreement.
C4.3 Meetings of the Committee
The Committee shall meet eight times during the school year. The parties may schedule additional meetings by mutual agreement.
C4.4 Selection of Representatives
- Each central party and the Crown shall select its own representatives to the Committee.
C4.5 Mandate of the Committee
The mandate of the Committee shall be as follows:
a. Dispute Resolution
A review of any dispute referred to the Committee respecting the interpretation, application, administration, alleged violation, or arbitrability of central terms in the agreement, for the purposes of determining whether the dispute might be settled, withdrawn, referred to mediation/arbitration as a formal grievance, or referred to the local grievance procedure in accordance with this section.
b. Not Adjudicative
It is clearly understood that the Committee is not adjudicative in nature. Unless otherwise agreed to by the parties, decisions of the committee are without prejudice or precedent.
C4.6 Role of the Central Parties and Crown
- The central parties shall each have the following rights:
- To file a dispute with the Committee.
- To file a dispute as a grievance with the Committee.
- To engage in settlement discussions, and to mutually settle a dispute or grievance.
- To withdraw a dispute or grievance it filed.
- To mutually agree to refer a dispute or grievance to the local grievance procedure.
- To refer a grievance it filed to final and binding arbitration.
- To mutually agree to voluntary mediation.
- The Crown shall have the following rights:
- To give or withhold approval to the employer bargaining agency, to any proposed settlement.
- To participate in any matter referred to arbitration.
- To participate in voluntary mediation.
C4.7 Referral of Disputes
- Either central party must refer a dispute to the Committee for discussion and review
C4.8 Carriage Rights
- The parties to settlement discussions shall be the central parties. The Crown may participate in settlement discussions.
C4.9 Responsibility to Communicate
- It shall be the responsibility of a central party to refer a dispute to the Committee, or to arbitration, in a timely manner.
- It shall be the responsibility of each central party to inform their respective local parties of the Committee’s disposition of the dispute at each step in the CDRP, including mediation and arbitration, and to direct them accordingly.
C4.10 Language of Proceedings
- Where a dispute arises uniquely under a collective agreement in the French language, the documentation shall be provided, and the proceedings conducted in French. Interpretative and translation services shall be provided accordingly to ensure that non-francophone participants are able to participate effectively.
- Where such a dispute is filed:
- The decision of the committee shall be available in both French and English.
- Mediation and arbitration shall be conducted in the French language with interpretative and translation services provided accordingly.
- Arbitration decisions and settlements that may have an impact on French language school boards shall be translated accordingly.
C4.11 Definition of Dispute
- A dispute can include:
- A matter in dispute between the central parties respecting the interpretation, application, administration, alleged violation, or arbitrability of central terms in the agreement.
C4.12 Notice of Disputes
Notice of the dispute will be submitted on the form provided in Appendix A and sent to the responding party, in order to provide an opportunity to respond. The Crown shall be provided with a copy.
- Notice of the dispute shall include the following:
- Any central provision of the collective agreement alleged to have been violated.
- The provision of any statute, regulation, policy, guideline, or directive at issue.
- A comprehensive statement of any relevant facts.
- The remedy requested.
- A central party that has a dispute regarding the interpretation, application, administration, alleged violation, or arbitrability of a central term, shall refer it forthwith to the Committee by notice of dispute to the co-chair of the other central party, with a copy to the Crown, but in no case later than thirty (30) working days after becoming aware of the dispute. Where the responding party wishes to provide a written response prior to the committee meeting, that response shall be forwarded to the other Central party and the Crown.
- The Committee shall conduct a review of the dispute. The Committee will meet to review the dispute within twenty (20) working days or at the next scheduled meeting of the Committee.
- If the dispute is not settled or withdrawn, within twenty (20) working days of the Committee meeting, the central party submitting the dispute may:
- Continue informal discussions; or
- Refer the dispute back to the local grievance procedure
- If the dispute remains unresolved for longer than sixty (60) working days the dispute may be referred as a grievance. Once referred as a grievance the parties may:
- Refer the grievance to Voluntary Mediation or Expedited Mediation
- Refer the grievance to Arbitration.
C4.14 Timelines
- Timelines may be extended by mutual consent of the parties.
- Working days shall be defined as Monday through Friday excluding statutory holidays.
- Disputes that arise during non-instructional days (Summer Months, Christmas Break, and March Break) will have timelines automatically extended.
- Local grievance timelines will be held in abeyance while the dispute is in the CDRP, in the event that the matter is referred back locally.
C4.15 Voluntary Mediation /Expedited Meditation
- The central parties may, on mutual agreement, request the assistance of a mediator.
- Where the central parties have agreed to mediation, the cost shall be shared equally between the central parties.
- Timelines shall be held in abeyance from the time of referral to mediation until the completion of the mediation process. The referral of a grievance to mediation is without prejudice to either parties’ position on jurisdictional matters, including timeliness.
- The Parties agree to refer any mediation to agreed-upon mediator(s). In selecting a mediator, the parties shall have regard to reasonable availability, sector knowledge, and linguistic competence.
- Following ratification, the parties shall contact mediator(s) to establish three dates for mediation. Dates shall be scheduled in consultation with the parties. One of the expedited mediation sessions shall be conducted in French and two of the expedited mediation sessions shall be conducted in English every school year of the agreement unless agreed otherwise by the parties.
- It is understood that the resolution of any grievance under the mediation process shall be without prejudice and shall not be raised or relied upon by either party or the Crown in any future proceeding, except for enforcement purposes.
- The parties may jointly set down up to 5 (five) grievances for each review.
- The mediator shall have the authority to assist the parties in a mediated resolution to the grievance.
- Each party shall prepare a mediation brief to assist the mediator, which shall include the following:
- A short description of the grievance.
- A statement of relevant facts.
- A list of any relevant provisions of the collective agreement.
- Any relevant documentation.
- The description of the grievance and the relevant facts shall not be typically longer than two pages.
- The party raising the grievance shall provide the opposing party (and the Crown, where applicable) with a complete brief no later than thirty (30) days prior to the scheduled review.
- The responding party shall provide their brief no later than five (5) days prior to the scheduled review.
- The Crown may provide a brief no later than two (2) days prior to the review.
- Where the matter is not resolved, the mediator is not seized to arbitrate the grievance.
C4.16 Arbitration
- Arbitration shall be by a single arbitrator.
- In order to have an expeditious process, the parties shall consider sharing prior to the hearing the following, “Written Briefs”, “Will Say Statements” “Agreed Statement of Facts” and the case law the parties intend to rely on. The parties will make best efforts to respond to disclosure requests in a timely fashion prior to the hearing.
- The central parties shall use the mutually agreed-to list of arbitrators set out in Letter of Understanding #7. Arbitrators on the list will be used in rotation, based on availability. On mutual agreement, the parties may add to or delete from the list during the term of the agreement, as required.
- The Parties shall select an arbitrator from the list to subject to their availability to hear the matter within eighteen (18) months, on a date convenient to the parties. If none of the arbitrators on the list are able to convene a hearing within eighteen (18) months the parties shall appoint a mutually agreed to arbitrator who is available within eighteen (18) months.
- The central parties may refer multiple grievances to a single arbitrator.
The cost of proceedings, including arbitrator fees and rental of space, shall be shared equally between the central parties. - This does not preclude either Party from proceeding to expedited arbitration under the Labour Relations Act.
C5.00 BENEFITS
The parties have agreed to participate in the Provincial Benefit Trust set out in the CUPE Education Workers Benefit Trust Agreement and Declaration of Trust “CUPE EWBT” established February 28, 2018. The date on which the board and the bargaining unit commenced participation in the Trust shall be referred to herein as the "Participation Date".
The parties agree that, once all employees to whom this memorandum of settlement applies transition to the CUPE EWBT, all references to existing life, health and dental benefits plans in the applicable local collective agreement shall be removed from that local agreement.
Consistent with section 144.1 of the Income Tax Act (Canada) (“ITA”) Boards’ benefit plans can only be moved into the Trust, such that the Trust will be in compliance with the ITA and Canada Revenue Agency administrative requirements for an ELHT.
Post Participation Date, the following shall apply:
C5.1 Eligibility and Coverage
- The Trust will maintain eligibility for CUPE represented employees who currently have benefits and any newly hired eligible employee covered by the local terms of applicable collective agreement ("CUPE represented employees").
- The Trust is also permitted to provide coverage to other active employee groups in the education sector with the consent of their bargaining agents and employer or, for non-union groups, in accordance with an agreement between the Trustees and the applicable Board.
- Retirees who were previously represented by CUPE, who were, and still are members of a Board benefit plan as at the participation date are eligible to receive benefits through the CUPE EWBT based on prior arrangements with the Board.
- No individuals who retire after the Participation Date are eligible.
C5.2 Funding
Funding related to the CUPE EWBT will be based on the following:
- Funding amounts:
· September 1, 2022: increase of 1% ($5,712.00 per FTE)
· September 1, 2023: increase of 1% ($5,769.12 per FTE)
· September 1, 2024: increase of 1% ( $5,826.82 per FTE)
· September 1, 2025: increase of 1% ($5,885.08 per FTE)
· August 31, 2026: increase of 4% ($6,120.48 per FTE)
C5.3 Cost Sharing
The terms and conditions conditions of any existing Employee Assistance Program/Employee Family Assistance Program shall remain the responsibility of the respective Board and not the Trust maintaining current employer and employee co-share where they exist. The Board shall maintain its contribution to all statutory benefits as required by legislation (including but not limited to Canada Pension Plan, Employment Insurance, Employer Health Tax, etc.).
Any cost sharing or funding arrangements regarding the EI rebate will remain status quo.
C5.4 Full-Time Equivalent (FTE) and Employer Contributions
- The FTE used to determine the Board’s benefits contributions will be based on the average of the Board’s FTE as of October 31st and March 31st of each year.
- For the purposes of (a) above, the FTE positions will be those consistent with Appendix H of the Education Finance Information System (EFIS) for job classifications that are eligible for benefits.
- Amounts previously paid under (a) above will be reconciled to the agreed October 31st and March 31st FTE and any identified difference will be remitted to the Trust in a lump sum on or before the last day of the month following reconciliation.
- In the case of a dispute regarding the FTE number of members for whom the provincial benefits package is being provided, the dispute will be resolved between the Board and CUPE. If no resolution to the issue can be achieved, it shall be subject to the Central Dispute Resolution Process.
C5.5 Payment in Lieu of Benefits
- All employees not transferred to the Trust who received pay in lieu of benefits under a collective agreement in effect as of August 31, 2014, shall continue to receive the same benefit.
- New hires after the Participation Date who are eligible for benefits from the CUPE EWBT are not eligible for pay in lieu of benefits.
C5.6 Benefits Committee
- A benefits committee comprised of the employee representatives, the employer representatives, including the Crown, and Trust Representatives will meet to address all matters that may arise in the operation of the Trust. This committee is currently known as “TRAC 3”.
C5.7 Privacy
- The Parties agree to inform the Trust Plan Administrator, that in accordance with applicable privacy legislation, the Trust Plan Administrator shall limit the collection, use and disclosure of personal information to information that is necessary for the purpose of providing benefits administration services. The Trust Plan Administrator’s policy shall also be based on the Personal Information Protection and Electronic Documents Act (PIPEDA).
C6.00 SICK LEAVE
C6.1 Sick Leave/Short Term Leave and Disability Plan
Definitions:
The definitions below shall be exclusively used for this article.
“Full year” refers to the ordinary period of employment for the position.
“Permanent Employees” – means all employees who are not casual employees, or employees working in a long-term supply assignment, as defined below.
“Long Term Supply Assignment” means, in relation to an employee,
- a long-term supply assignment within the meaning of the local collective agreement, or
- where no such definition exists, a long-term supply assignment will be defined as twelve (12) days of continuous employment in one assignment.
“Casual Employees” means,
- A casual employee within the meaning of the local collective agreement,
- If clause (i) does not apply, an employee who is a casual employee as agreed upon by the board and the bargaining agent, or
- If clauses (i) and (ii) do not apply, an employee who is not regularly scheduled to work.
Notwithstanding the above, an employee working in a Long-Term Supply Assignment shall not be considered a casual employee for purposes of sick leave entitlement under this article while working in the assignment.
“Fiscal Year” means September 1 to August 31.
“Wages” is defined as the amount of money the employee would have otherwise received over a period of absence, excluding overtime.
a) Sick Leave Benefit Plan
The Board will provide a Sick Leave Benefit Plan which will provide sick leave days and short-term disability coverage to provide protection against loss of income when ill or injured as defined below. An employee, other than a casual employee as defined above, is eligible for benefits under this article.
Sick leave days may be used for reasons of personal illness, personal injury, personal medical appointments, or personal dental emergencies only. Appointments shall be scheduled outside of working hours, where possible.
Employees receiving benefits under the Workplace Safety and Insurance Act, or under an LTD plan, are not entitled to benefits under a school board’s sick leave and short-term disability plan for the same condition.
b) Sick Leave Days Payable at 100% Wages
Permanent Employees
Subject to paragraphs d), e) and f) below, Employees will be allocated eleven (11) sick days payable at one hundred percent (100%) of wages on the first day of each fiscal year, or the first day of employment.
Employees on Long-Term Supply Assignments
Subject to paragraph d) below, Employees completing a full-year long-term supply assignment shall be allocated eleven (11) sick days payable at one hundred percent (100%) of wages at the start of the assignment. An employee completing a long-term supply assignment that is less than a full year will be allocated eleven (11) sick days payable at one hundred percent (100%) reduced to reflect the proportion the long-term supply assignment bears to the length of the regular work year for the position.
c) Short Term Disability Coverage – Days Payable at 90% Wages
Permanent Employees
Subject to paragraphs d), e) and f) below, permanent Employees will be allocated one hundred and twenty (120) short-term disability days at the start of each fiscal year or the first day of employment. Permanent Employees eligible to access short-term disability coverage shall receive payment equivalent to ninety percent (90%) of regular wages.
Employees on Long-Term Supply Assignments
Subject to paragraph d) below, Employees completing a full year long-term supply assignment shall be allocated one hundred and twenty (120) short-term disability days payable at ninety percent (90%) of wages at the start of the assignment.
An employee completing a long-term supply assignment that is less than a full year will be allocated one hundred and twenty (120) short-term disability days payable at ninety percent (90%) of wages reduced to reflect the proportion the long term supply assignment bears to the length of the regular work year for the position.
d) Eligibility and Allocation
A sick leave day/short term disability leave day will be allocated and paid in accordance with current local practice.
Any changes to hours of work during a fiscal year shall result in an adjustment to the allocation.
Permanent Employees
The allocations outlined in paragraphs b) and c) above will be provided on the first day of each fiscal year, or the first day of employment, subject to the exceptions below:
Where a permanent Employee is accessing sick leave and/or the short-term disability plan in a fiscal year and the absence continues into the following fiscal year for the same medical condition, the permanent Employee will continue to access any unused sick leave days or short-term disability days from the previous fiscal year’s allocation.
A new allocation will not be provided to the permanent Employee until s/he has returned to work and completed eleven (11) consecutive working days at their regular working hours. The permanent Employee’s new sick leave allocation will be eleven (11) sick leave days payable at 100% wages. The permanent Employee will also be allocated one hundred and twenty (120) short-term disability leave days based on the provisions outlined in c) above reduced by any paid sick days already taken in the current fiscal year.
If a permanent Employee is absent on his/her last regularly scheduled work day and the first regularly scheduled work day of the following year for unrelated reasons, the allocation outlined above will be provided on the first day of the fiscal year, provided the employee submits medical documentation to support the absence, in accordance with paragraph (h).
Employees on Long-Term Supply Assignments
Employees completing long term supply assignments may only access sick leave and short-term disability leave in the fiscal year in which the allocation was provided. Any remaining allocation may be used in subsequent long-term supply assignments, provided these occur within the same fiscal year.
Employees employed in a long-term supply assignment which is less than the ordinary period of employment for the position shall have their sick leave and short-term disability allocations pro-rated accordingly.
Where the length of the long-term supply assignment is not known in advance, a projected length must be determined at the start of the assignment in order for the appropriate allocation of sick leave/short-term disability leave to occur. If a change is made to the length of the assignment, an adjustment will be made to the allocation and applied retroactively.
e) Refresh Provision for Permanent Employees
Permanent Employees returning from LTD or workplace insurance leave to resume their regular working hours must complete eleven (11) consecutive working days at their regular working hours to receive a new allocation of sick/short-term disability leave. If the Employee has a recurrence of the same illness or injury, s/he is required to apply to reopen the previous LTD or WSIB claim, as applicable.
The Local union and Local school board agree to continue to cooperate in the implementation and administration of early intervention and safe return to work processes as a component of the Short-Term Leave and Long Term Disability Plans.
In the event the Employee exhausts his/her sick/short-term disability leave allocation from the previous year and continues to work part-time, their salary will be reduced accordingly and a pro-rated sick/short-term allocation for the employee’s working portion of the current year will be provided. The new pro-rated sick/short-term leave allocation may not be used to top-up from part-time to full-time hours. Any changes to hours of work during a fiscal year shall result in an adjustment to the allocation.
For the purposes of d) and e) of this article, eleven (11) consecutive working days of employment shall not include a period of leave for a medical appointment, which is related to the illness/injury that had been the reason for the employee’s previous absence, but days worked before and after such leave shall be considered consecutive. It shall be the employee’s obligation to provide medical confirmation that the appointment was related to the illness/injury.
f) WSIB & LTD
An Employee who is receiving benefits under the Workplace Safety and Insurance Act, or under an LTD plan, is not entitled to benefits under a school board’s sick leave and short-term disability plan for the same condition unless the employee is on a graduated return to work program then WSIB/LTD remains the first payor.
For clarity, where an employee is receiving partial benefits under WSIB/LTD, they may be entitled to receive benefits under the sick leave plan, subject to the circumstances of the specific situation. During the interim period from the date of the injury/incident or illness to the date of the approval by the WSIB/LTD of the claim, the employee may access sick leave and short-term leave and disability coverage. A reconciliation of sick leave deductions made and payments provided, will be undertaken by the school board once the WSIB/LTD has adjudicated and approved the claim. In the event that the WSIB/LTD does not approve the claim, the school board shall deal with the absence consistent with the terms of the sick leave and short-term leave and disability plans.
g) Graduated Return to Work
Where an Employee is not receiving benefits from another source and is working less than his/her regular working hours in the course of a graduated return-to-work as the Employee recovers from an illness or injury, the Employee may use any unused sick/short term disability allocation remaining, if any, for the portion of the day where the Employee is unable to work due to illness or injury. A partial sick/short term leave day will be deducted for an absence of a partial day in the same proportion as the duration of the absence is to an employee’s regular hours.
Where an employee returns on a graduated return to work from a WSIB/LTD claim, and is working less than his/her regular hours, WSIB and LTD will be used to top up the employee’s wages, as approved and if applicable.
Where an employee returns on a graduated return to work from an illness which commenced in the previous fiscal year,
- and is not receiving benefits from another source;
- and is working less than his/her regular hours of work;
- and has sick leave days and/or short-term disability days remaining from the previous year
The employee can access those remaining days to top up their wages proportional to the hours not worked.
Where an employee returns on a graduated return to work from an illness which commenced in the previous fiscal year,
- and is not receiving benefits from another source,
- and is working less than his/her regular hours of work,
- and has no sick leave days and/ or short-term disability days remaining from the previous year,
the employee will receive 11 days of sick leave paid at 100% of the new reduced working hours. When the employee’s hours of work increase during the graduated return to work, the employee’s sick leave will be adjusted in accordance with the new schedule. In accordance with paragraph c), the Employee will also be allocated one hundred and twenty (120) short-term disability days payable at ninety percent (90%) of regular salary proportional to the hours scheduled to work under the graduated return to work. The new pro-rated sick/short-term leave allocation may not be used to top-up from part-time to full-time hours.
h) Proof of Illness
Sick Leave Days Payable at 100%
A Board may request medical confirmation of illness or injury and any restrictions or limitations any Employee may have, confirming the dates of absence and the reason thereof (omitting a diagnosis). Medical confirmation is to be provided by the Employee for absences of five (5) consecutive working days or longer. The medical confirmation may be required to be provided on the form contained in Appendix C.
Short-Term Disability Leave
In order to access short-term disability leave, medical confirmation may be requested and shall be provided on the form attached as Appendix “C” to this Agreement.
In either instance where an Employee does not provide medical confirmation as requested, or otherwise declines to participate and/or cooperate in the administration of the Sick Leave Plan, access to compensation may be suspended or denied. Before access to compensation is denied, discussion will occur between the union and the school board. Compensation will not be denied for the sole reason that the medical practitioner refuses to provide the required medical information. A school board may require an independent medical examination to be completed by a medical practitioner qualified in respect of the illness or injury of the Board’s choice at the Board’s expense.
In cases where the Employee’s failure to cooperate is the result of a medical condition, the Board shall consider those extenuating circumstances in arriving at a decision.
i) Notification of Sick Leave Days
The Board shall notify employees and the Bargaining Unit, when they have exhausted their 11 days allocation of sick leave at 100% of salary.
j) Pension Contributions While on Short Term Disability
Contributions for OMERS Plan Members:
When an employee/plan member is on short-term sick leave and receiving less than 100% of regular salary, the Board will continue to deduct and remit OMERS contributions based on 100% of the employee/plan member’s regular pay.
Contributions for OTPP Plan Members:
- When an employee/plan member is on short-term sick leave and receiving less than 100% of regular salary, the Board will continue to deduct and remit OTPP contributions based on 100% of the employee/plan member’s regular pay.
- If the plan employee/plan member exceeds the maximum allowable paid sick leave before qualifying for Long-Term Disability (LTD)/Long Term Income Protection (LTIP), pension contributions will cease. The employee/plan member is entitled to complete a purchase of credited service, subject to existing plan provisions for periods of absence due to illness between contributions ceasing under a paid short-term sick leave provision and qualification for Long-Term Disability (LTD)/Long-Term Income Protection (LTIP) when employee contributions are waived. If an employee/plan member is not approved for LTD/LTIP, such absence shall be subject to existing plan provisions.
k) Top-up Provisions
Employees accessing short-term disability leave as set out in paragraph c) will have access to any unused sick leave days from their last fiscal year worked for the purpose of topping up wages to one hundred percent (100%) under the short-term disability leave.
This top-up is calculated as follows:
Eleven (11) days less the number of sick leave days used in the most recent fiscal year worked.
Each top-up to 100% from 90 to 100% requires the corresponding fraction of a day available for top-up.
In addition to the top-up bank, top-up for compassionate reasons may be considered at the discretion of the board on a case by case basis. The top-up will not exceed two (2) days and is dependent on having two (2) unused Short-Term Paid Leave Days/Miscellaneous Personal Leave Days in the current year. These days can be used to top-up salary under the short-term disability leave.
When employees use any part of a short-term disability leave day they may access their top up bank to top up their salary to 100%.
l) Sick Leave to Establish EI Maternity Benefits
If the Employee will be able to establish a new EI Maternity Benefit claim in the six weeks immediately following the birth of her child through access to sick leave at 100% of her regular salary, she shall be eligible for up to six weeks leave at 100% of her regular salary without deduction from the sick days or short-term disability leave days (remainder of six weeks topped-up as SEB).
C7.00 CENTRAL LABOUR RELATIONS COMMITTEE
C7.1 Preamble
The Council of Trustees’ Associations (CTA) and the Canadian Union of Public Employees (CUPE) agree to establish a joint Central Labour Relations Committee (Committee) to promote and facilitate communication between rounds of bargaining on issues of joint interest.
C7.2 Membership
The Committee shall include four (4) representatives from CUPE/SCFP and four (4) representatives from the CTA. The parties may mutually agree to invite the Crown and/or other persons to attend meetings in order to provide support and resources as required.
C7.3 Co-Chair Selection
CUPE/SCFP and CTA representatives will each select one co-chair. The two Co-Chairs will govern the group’s agendas, work and meetings.
C7.4 Meetings
The Committee will meet within sixty (60) calendar days of the ratification of the central terms of the collective agreement. The Committee shall meet on agreed upon dates three (3) times in each school year, or more often as mutually agreed.
C7.5 Agenda and Minutes
- Agendas of reasonable length detailing issues in a clear and concise fashion will be developed jointly between the co-chairs, translated into the French language and provided to committee members at least ten (10) working days prior to the scheduled date of the meeting. Agenda items should be of general concern to the parties as opposed to personal concerns of individual employees. It is not the mandate of the Committee to deal with matters that have been filed as central disputes. With mutual consent, additional items may be added prior to, or at the meeting.
- The minutes will be produced by the CTA and agreed upon by the parties on an item-by-item basis. The minutes will reflect the items discussed and any agreement or disagreement on solutions. Where the matter is deferred, the minutes will reflect which party is responsible for follow-up. The minutes will be translated into the French language and authorized for distribution to the parties and the Crown once signed by a representative from both parties.
C7.6 Without Prejudice or Precedent
The parties to the Committee agree that any discussion at the Committee will be on a without-prejudice and without-precedent basis, unless agreed otherwise.
C7.7 Cost of Labour Relations Meetings
The parties agree that efforts will be made to minimize costs related to the committee.
C8.00 CUPE/SCFP MEMBERS ON PROVINCIAL COMMITEES
CUPE/SCFP appointees to Provincial Committees will not have their participation charged against local collective agreement union release time or days.
C9.00 ATTENDANCE AT MANDATORY MEETINGS/SCHOOL EVENTS
Where an employee is required through clear direction by the board to attend work outside of regular working hours, the provisions of the local collective agreement regarding hours of work and compensation, including any relevant overtime/lieu time provisions, shall apply.
Required attendance outside of regular working hours may include, but is not limited to school staff meetings, parent/teacher interviews, curriculum nights, Individual Education Plan and Identification Placement Review Committee meetings, and consultations with board professional staff.
C10.00 CASUAL SENIORITY EMPLOYEE LIST
On or before September 1, 2016, school boards shall establish a seniority list for casual/temporary employees, where a list does not currently exist. This will be a separate list from permanent employees and shall have as its sole purpose to track length of service with the Board. Further, the list shall have no other force or effect on local collective agreements other than those that may already exist for casual/temporary employees in the 2008-12 local collective agreement.
C11.00 UNION REPRESENTATION AS IT RELATES TO CENTRAL BARGAINING
Negotiations Committee
At all central bargaining meetings with the Employer representatives the union will be represented by the OSBCU negotiations committee.
The union will be consulted prior to the tendering process for the broader central bargaining location. The tendering process shall be conducted in accordance with the OPS Procurement Directive.
C12.00 STATUTORY LEAVES OF ABSENCE/SUPPLEMENTAL EMPLOYMENT BENEFITS (SEB)
C12.1 Family Medical Leave or Critical Illness Leave
- Family Medical Leave or Critical Illness leaves granted to an employee under this Article shall be in accordance with the provisions of the Employment Standards Act, as amended.
- The employee will provide to the employer such evidence as necessary to prove entitlement under the ESA.
- An employee contemplating taking such leave(s) shall notify the employer of the intended date the leave is to begin and the anticipated date of return to active employment.
- Seniority and experience continue to accrue during such leave(s).
- Where an employee is on such leave(s), the Employer shall continue to pay its share of the benefit premiums, where applicable. To maintain participation and coverage under the Collective Agreement, the employee must agree to provide for payment for the employee’s share of the benefit premiums, where applicable.
- In order to receive pay for such leaves, an employee must access Employment Insurance and the Supplemental Employment Benefit (SEB) in accordance with g) to j), if allowable by legislation. An employee who is eligible for E.I. is not entitled to benefits under a school board’s sick leave and short-term disability plan.
Supplemental Employment Benefits (SEB)
g) The Employer shall provide for permanent employees who access such Leaves, a SEB plan to top up their E.I. Benefits. The permanent employee who is eligible for such leave shall receive 100% salary for a period not to exceed eight (8) weeks provided the period falls within the work year and during a period for which the permanent employee would normally be paid. The SEB Plan pay will be the difference between the gross amount the employee receives from E.I. and their regular gross pay.
h)Employees completing a term assignment shall also be eligible for the SEB plan with the length of the benefit limited by the length of the assignment.
i)SEB payments are available only to supplement E.I. benefits during the absence period as specified in this plan.
j)The employee must provide the Board with proof that he/she has applied for and is in receipt of employment insurance benefits in accordance with the Employment Insurance Act, as amended, before SEB is payable.
C13.00 MERGER, AMALGAMATION OR INTERGRATION
The parties (OSBCU and the CTA) agree to meet within 30 days (or another mutually agreed time) of receiving written notice of a decision to fully or partially merge, amalgamate or integrate a school board or authority. The Crown shall receive an invitation to participate in the meeting. The parties agree to discuss the impact to the affected school board or authority of the merger, amalgamation or integration, including possible redeployment strategies.
C14.00 SPECIALIZED JOB CLASSES
The following language applies to a particular position that requires post-secondary training, licensing, and is not funded on a provincial grid. It also includes a position in the information technology sector requiring specialized skills.
Where a school board determines that an evaluation is necessary, and where the compensation package for the position is determined to be below the local market value outside of the education sector, as evidenced by a local market value assessment, the applicable school board may adjust the base wage or salary rate for the position following a discussion between the local Parties.
C15.00 PROFESSIONAL ACTIVITY DAYS
The parties agree that if the Ministry of Education declares a change in the number of PA Days the following shall apply:
The parties agree that there will be no loss of pay for CUPE members (excluding casual employees) as a result of the change in the number of PA Days determined by the Ministry of Education. The scheduling of PA days shall not change the number of paid days for the work year as per the Collective Agreement.
APPENDIX
Letters of Understanding
- Letter of Understanding #1 Status Quo Central Items
- Letter of Understanding #2 Status Quo Central Items and Items Requiring Amendment and Incorporation
- Letter of Understanding #3 Job Security: Protection Complement
- Letter of Understanding #4 Education Worker Diverse and Inclusive Workforce Committee - Term of Reference
- Letter of Understanding #5 Sick Leave
- Letter of Understanding #6 Central Labour Relations Committee
- Letter of Understanding #7 List of Arbitrators
- Letter of Understanding #8 Children's Mental Health, Special Needs, and Other Initiatives
- Letter of Understanding #9 Provincial Working Group - Health and Safety
- Letter of Understanding #10 Ministry Initiatives Committee
- Letter of Understanding #11 Bereavement Leave
- Letter of Understanding #12 Short Term Paid Leave
- Letter of Understanding #13 Learning and Services Continuity and Absenteeism Task Force