Collective Agreement Between DSB1 and COPE

2.01 The general purpose of this Agreement is to establish and maintain collective bargaining relations between the Board and the employees and to provide a mechanism for the prompt and equitable disposition of grievances, and to establish and maintain satisfactory working conditions, hours and wages for all employees who are subject to the provisions of this Agreement.

3.01 The Board recognizes the Union as the sole and exclusive bargaining agent for all Office, Clerical and Technical employees employed by the Board, save and except for non-union employees.

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

3.03 Persons who are not in the bargaining unit, whether paid or unpaid, shall not perform bargaining unit work where their use would result in the lay off or reduction in the number of hours regularly scheduled of one (1) or more bargaining unit employees, or result in a reduction of the staff complement.

4.01 The Union recognizes that it is the function of the Board to manage the affairs of the operation and to direct the working forces of the Board subject to the terms of this Agreement. The Board shall not exercise its rights to direct the working forces in a discriminatory manner.

5.01 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, Health and Safety Act and Labour Relations Act.

5.02 Rights, benefits, privileges and working conditions which employees now enjoy, receive or possess as employees of the Board shall continue to be enjoyed and possessed insofar as they are consistent with this Agreement, but may be modified only by mutual agreement between the Board and the Union. It is understood that all members of the bargaining unit will be subject to the terms and conditions of this Collective Agreement.

7.01 For the purpose of collective bargaining, employees covered by this Agreement shall, on their date of hire make application for membership in the Union and shall make regular dues payment commencing date of hire, including initiation fees and payment of any other Union authorized deduction via the payroll deduction method, and shall maintain such membership in good standing.

Newly hired employees shall be advised by the Board that the Collective Agreement is available on the Board’s website. The Union shall, for the purpose of determining membership, be the sole judge of the good standing of its members. The Union shall be given thirty (30) minutes in order to briefly outline the contents of the Collective Agreement to new employees.

7.02 The Board agrees to deduct from every employee covered by this Agreement, any monthly dues and assessments levied in accordance with Union Constitution and owing by such employee to the Union.

7.03 Equal deductions shall be made from each pay and all sums deducted, together with a record of those from whom deductions have been made, shall be forwarded to the Treasurer of the Union as soon as possible but not later than the 30th day of the month following.

7.04 COPE shall indemnify and hold the Employer harmless from any claims, suits, attachments and any form of liability as a result of such deductions authorized by COPE.

8.01 Correspondence

All correspondence between the Parties arising out of this Agreement or incidental thereto shall pass to and from the Superintendent of Human Resources or designate and the President of the Union or designate. The Union President shall be notified of all postings, appointments, hirings, layoffs, re-hirings, and resignations of employment.

8.02 Bulletin Boards

The Board shall provide bulletin board space in each work location upon which the Union shall have the right to post notices of meetings and such other notices as may be of interest to the employees.

10.01 A grievance is defined as a dispute between the Board and one or more of its employees with reference to the interpretation or application of the terms of this Agreement. An employee having a complaint under this Agreement shall discuss the matter with the immediate supervisor within seven (7) working days of the discovery of the circumstances giving rise to the complaint.

10.02 Step One

Failing satisfactory settlement as set out above, the Union may, in writing, bring forth the matter within seven (7) working days to the Superintendent of Education with the Human Resources portfolio. The Superintendent of Education with the Human Resources portfolio shall provide a written answer to the Union within seven (7) working days after said meeting.

10.03 Step Two

Failing satisfactory settlement of the answer given in Step One (1), the Union shall within seven (7) working days of receipt of the Step One (1) answer, submit a grievance, in writing, to the Director of Education or designate. The grievance shall be specific as to the person(s) involved, date grievance occurred, all clauses alleged to have been violated and remedy requested. The Director of Education or designate shall answer the grievance in writing within five (5) working days.

10.04 Step Three

Failing satisfactory settlement at Step Two (2), the matter may be referred to arbitration for settlement as defined in Article 11.01.

Time limits specified above may be extended by mutual written consent of the parties to this Agreement.

The Board shall supply the facilities for the grievance meetings at a location mutually agreed upon between the parties.

10.05 

1. Policy Grievance

1. Group Grievance

11.01 If the grievance is not deemed settled on the basis of the answer given in Step Two (2), the Union or the Board may, within ten (10) working days of the receipt of the answer given in Step Two (2), notify the other party, in writing, of its desire to submit the grievance to arbitration. The notice shall contain the name and address of the nominee to an arbitration board. The other party shall, within seven (7) working days reply advising of the name and address of their nominee. The two nominees shall within seven (7) working days or such longer time as they may agree upon, appoint an arbitrator who shall be the chair. If the recipient of the notice fails to appoint an arbitrator or if the two (2) nominees fail to agree upon a chair within the time limit, either party may request the appointment of a chair by the Ministry of Labour.

11.02 The arbitration board shall hear and determine the grievance and shall issue a decision which is final and binding upon the parties.

11.03 The decision of the majority is the decision of the arbitration board, but if there is no majority, the decision of the arbitrator governs.

11.04 The arbitration board shall not have the power to change, modify, extend or amend the provisions of this Agreement.

11.05 Each Party shall bear the cost of its nominee to the arbitration board and any costs of the arbitrator shall be borne equally by the Parties.

11.06 All the time limits fixed herein for the grievance procedure may be extended only upon the written mutual consent of the Parties. It is further agreed that arbitration hearings shall be held in a place mutually agreed by the parties hereto.

11.07 One or more steps in the grievance procedure or arbitration procedure may be omitted in the processing of a grievance only upon the written mutual consent of the Parties.

11.08  It is understood that the parties may mutually agree in writing to submit the grievance to a mutually agreed upon single arbitrator rather than an Arbitration Board. In the event the Parties are unable to agree upon a single arbitrator, having previously mutually agreed to proceed to a single arbitrator, the Parties may request the Minister of Labour to make the appointment.

12.01 The Board shall not discipline or discharge employees without just cause.

12.02 If a permanent employee believes discipline or discharge was without just cause, the grievance shall be taken up under the Grievance Procedure starting at Step Two (2). The employee’s grievance shall be presented in writing within seven (7) working days of the date of discharge or discipline.

13.01 Seniority shall be defined as the length of continuous service in a bargaining unit position with the Board from initial start date, except for employees recalled from layoff within twenty-four (24) months, in which case the recalled employee’s seniority earned both prior to and for any time worked in a bargaining unit position during layoff shall be included. 

13.02 There shall be two (2) seniority lists as follows:

1. Permanent Employees
2. Temporary/Casual Employees

13.03 All new Permanent employees shall serve a probationary period of 420 hours. For new employees working less than half time (1/2), the probationary period will not exceed six (6) months. Accordingly, the dismissal of a probationary employee shall not be made the subject of a grievance. The probationary employee, however, shall be entitled to all other rights and privileges under this Agreement.

13.04 All temporary/casual employees hired after January 1, 1998 shall receive seniority for all hours worked within the bargaining unit.

13.05 A seniority list shall be established for employees covered by this Agreement showing each employee’s name, location, seniority ranking, date of hire, years of service and type of position. Such seniority lists shall be updated annually in October of each year with seniority calculated as of August 31^st. An electronic copy will be emailed to the Local President of the Union as well as the permanent membership no later than October 15^th of each year. The seniority list will be reviewed by members for ten (10) working days and if there are no revisions the list will be deemed to be correct.

13.06 If an employee is absent from work because of sickness, accident, layoff or leave of absence approved by the Board, the employee shall not lose seniority rights. An employee shall lose all seniority and shall lose status as a regular employee for only the following reasons:

1. Voluntary resignation
2. Discharge for just cause
3. If an employee who is recalled from layoff fails to advise the Board within ten (10) working days of notice being sent by registered mail to the last address on record with the Board that the employee intends to return to work, or fails within that period of time to provide the Board with a reason acceptable to the Board for not returning, or fails to return to work within a period of ten (10) working days of being sent such notice by the Board.
4. Layoff for a continuous period of more than twenty-four (24) months. It is understood and agreed that during a layoff the onus rests with the employee if the employee desires to be recalled when an opening occurs. Recall notices are sent through Board email. Failure of the Board to recall an employee on a layoff shall not be construed as a breach of this Agreement if the employee has failed to check their email regularly.
5. If promoted out of the bargaining unit for a period of more than ninety (90) days, except when promoted for a definite temporary period.
6. If an employee utilizes a leave of absence for purposes other than those for which it was granted, or overstays a leave of absence and does not secure, in advance, an extension of such leave, or is absent from work without approval or notice for five (5) consecutive working days, unless a reason which is satisfactory in the opinion of the Board is given.

13.07 Seniority and minimum qualifications to perform the required task shall be the determining factors in all cases of transfer, promotions, demotions, increase or decrease of the working force. When qualifications are equal amongst employees, seniority shall prevail.

14.01 A “temporary employee” is defined as an employee who is appointed for a specific period of time as a result of a temporary job posting. Temporary employees shall receive the start rate of the job classification for which they are appointed and will move up the salary grid in accordance with Article 36.02 Wage Progression until the end of the temporary contract period.

14.02 A “casual employee” is defined as an employee who performs bargaining unit work on a day-to-day basis to replace permanent or temporary employees on occasional absence.

14.03 Temporary/casual employees shall not be employed by the Board if such employment will diminish the employment opportunities of the current, permanent employees.

14.04 Temporary/casual employees shall not have recourse to the grievance procedure for dismissal or discipline.

14.05 Temporary/casual employees shall not be obliged to make an application for membership in the Union, but shall, as a condition of continuing employment, pay monthly dues as stipulated in Article 7.02.

14.06 The Board shall designate temporary/casual employees when hired, indicating the approximate time required to complete the specific assignment involved.

14.07 An employee hired for a temporary period which has exceeded 420 hours in the same position shall not be required to serve a probationary period should the same temporary assignment become permanent, and they are the successful applicant to the position. Seniority shall be effective from the date of temporary appointment, following a successful performance appraisal.

14.08 It is understood that retired DSB1 COPE employees who are on the casual COPE list will be paid at step 1 of the category/classification of the last position held as a permanent COPE employee of DSB1 for casual placement.

15.01 Temporary employment opportunities of more than three (3) months duration shall be posted and filled as per Article 18 Job Posting. Upon termination of such temporary employment opportunity, the employee shall return to the employee’s own job. The temporary opening created by an employee accepting the temporary posting need not be posted.

Permanent employees may only apply and be awarded posted temporary vacancies if the vacancy is a higher FTE or higher rate of pay than their current position.

15.02 When a permanent employee relieves another in a higher classification for a period of one half (.5) day or more, the employee shall receive the rate of pay applicable to the higher classification while so relieving.

15.03 It is understood that temporary vacancies due to annual vacations and holidays should be filled by employees from within each work location/department if possible.

15.04 When an employee relieves another in a higher classification including positions out of the bargaining unit for a period of one (1) day or more, the employee shall receive the rate of pay applicable to the higher classification while so relieving.

16.01 An employee who is laid off or who has had their hours of work reduced shall be considered to be redundant and all bumping rights and procedures as outlined below will apply. The employee will however only be able to bump a position of similar or less hours per week.

16.02 Twenty (20) calendar days prior to any redundancy being implemented, the Board shall meet with the Union to explain the reason for the proposed redundancy and discuss alternatives.

16.03 Prior to a redundancy being declared, the Board shall give the affected employee five (5) working days written notice.

16.04 An employee in a position that has been declared redundant may choose to replace any employee in the same or lower classification with less seniority providing the employee has the qualifications to perform the job. Employees who are displaced from their jobs as a result of such bumping procedures may themselves choose to replace any employee, to a maximum of three (3) bumps, having less seniority in the same or lower classification providing the employee has the qualifications to perform the job. The person displaced after three (3) bumps shall replace the least senior employee within the entity or elect to be placed on the recall list. There shall be a maximum of four (4) bumps if a position is declared redundant.

16.05 An employee who is notified of a redundancy shall respond in writing to the Board within five (5) working days of receipt of the notice, indicating if the employee intends to accept the redundancy or initiate the bumping procedure and indicate the position the employee chooses to fill. Failure to respond within the five (5) working days will be deemed to indicate acceptance of the layoff, and the employee will be placed on recall.

16.06 Employees who are affected by layoff shall be afforded a twenty (20) working days familiarization period if the member bumps in a different job type. After the familiarization period has ended, the employee must choose to continue in the position, bump the least senior employee in a lesser job category/classification, or go on the recall list. This familiarization period is for the first bump only. This clause does not apply to movement within the same job type.

16.07 An employee so affected who transfers to a job in the same classification shall receive the employee’s present rate of pay. An employee so affected who transfers to a higher classification shall receive the same experience level rate in the higher classification and thereafter shall continue to progress in the new classification. An employee so affected who transfers to a lower classification shall have their salary and allowance red-circled until such time as the salary grid in the lower classification exceeds the red-circled rate and thereafter shall continue to progress in this new classification.

17.01 A layoff shall be defined as loss of employment due to the reduction in hours of work or elimination of a position that is not the result of resignation, retirement or discharge.

17.02 In the event of layoff employees shall be laid off in the following order:

1. casual and temporary employees;
2. probationary employees beginning with the most recently hired;
3. permanent employees in order of seniority beginning with the most junior employee.

17.03 Twenty (20) calendar days prior to any layoff procedure being implemented, the Board shall confer with the Union to explain the reason for the proposed layoff and discuss alternatives.

17.04 Prior to a layoff the Board shall give the affected employee ten (10) working days written notice.

17.05            

1. Permanent employees who are laid off will be placed on a recall list for twenty-four (24) months. The Board will not hire a new employee for a vacancy where there is an employee on lay off with recall rights and with the necessary qualifications to perform the work required when notified as per Article 17.05b). The Board will maintain the recall list showing all laid off employees by seniority and date of layoff. A copy of the initial list, when established, shall be sent to the Union and to all laid off employees.
2. Laid off employees with recall rights shall be notified by sending an email (to employee’s Board email address) if a vacancy occurs which has not been filled by the present employees of the Board before the position is offered to persons outside of the bargaining unit. Where no laid off employee with recall rights makes application for the position, by responding to the email within five (5) working days from the date the email was sent, or where any laid off employee who does apply lacks the minimum qualifications required by the Board, the Board may fill the position in the most convenient manner.

17.06 If more than one employee on the recall list has the qualifications to do the job then seniority shall govern the recall.

17.07 

1. An employee who has been laid off shall receive seniority credit and years of service credit for the purposes of vacation entitlement and grid step placement for all time worked during the period of the layoff.
2. An employee recalled and reinstated to a position shall receive the rate of pay in effect for that position at the time of reinstatement. Employees shall be credited with seniority, sick leave, vacation entitlement, and grid step placement as at the time of layoff. Employees shall also receive credit for any accumulation referred to in 17.07 (a).

17.08 Employees should refer to Article C 8.00 – Benefits, in Part A – TERMS NEGOTIATED CENTRALLY.

17.09 Employees who are laid off for the summer months shall return to the same positions they held at the end of the preceding school year except as provided for in Article 16.

17.10 Co-op Students

No member of the Union shall be laid off or suffer a reduction or a change in normally scheduled hours of work as a result of the use of a co-op student.

18.01 Where the Board determines there is a vacancy for a newly created position or a temporary employment opportunity as per Article 15, the position shall be posted on all bulletin boards and the Board’s website for a minimum of five (5) working days and may be advertised externally simultaneously. 

The posting shall indicate the number of employees required, the location of, title, a brief description and salary range of the position. Employees must apply online through the Board’s website within the posting period. The Board agrees to reply to all internal applicants. The successful applicant will be awarded the job as soon as possible.

18.02 The parties agree that bargaining unit employees have the right to apply for a posted position regardless of the employee’s work location.

18.03 Promotion is hereby defined as a move from a lower classification to a higher classification, and a transfer is hereby defined as a move from one position to another within the same or lower classification. The Board shall fill all job vacancies from within the bargaining unit before hiring from outside, providing bargaining unit employees have made application in writing and have the necessary qualifications to fill the vacant job.

18.04 Promotions and transfers shall be made on the basis of qualifications and seniority. In the event two (2) or more employees have the same qualifications, the employee with the greatest seniority shall be selected.

18.05 When an employee is promoted to a higher classification, the employee shall transfer to the same experience level and receive the full classification increase upon commencement of duties. Where an employee is the successful applicant to a lower classification, the employee shall transfer to the same experience level and accept the full classification decrease of the lower classification upon commencement of duties.

18.06 In the event that no applicant has the qualifications for a posted job, the Board may select one of the applicants to train for the job, giving due regard to seniority; and provided that such training shall not exceed sixty (60) working days.

19.01 In the event of proposed technological changes or in the event of changes resulting from work reorganization which affect the employees in the bargaining unit, the Board agrees to discuss such changes with the Union.

19.02 Any new positions created by technological change or work reorganization shall be posted as per Article 18. The Board agrees to bear any expense involved with the retraining program for up to sixty (60) working days.

19.03 If new or changed skills are required of employees as a result of the introduction of technological change or work reorganization, the Board shall give to the employees covered by this agreement training in the new methods or devices or changed tasks up to sixty (60) working days without loss of wages or benefits.

20.01               

1. The Union agrees that the Board may need to engage, from time to time, outside contractors for the purpose of completing special projects related to the introduction and implementation of new technology in the Board.
2. The Board agrees not to employ contractors to perform any work which is within the scope of the bargaining unit and which would constitute a permanent position.

21.02 No job, consisting of work normally performed by members of the bargaining unit, which has been assigned to a member or members of the bargaining unit, shall be subsequently contracted out where:

1. the contracting out of such work would result in the layoff or reduction in the number of regularly scheduled hours of one (1) or more bargaining unit employees; or
2. there are bargaining unit employees on layoff with recall rights, who have the necessary skill and ability to perform the work required.

This clause shall not apply in cases of training or emergency.

The Union agrees to the Board’s changes to the Union’s proposal of deleting the reference to vacations and sick leave accrual during pregnancy and parental leave but wishes to advise the Board that it is the Union’s belief that employees are entitled to these benefits under the Employment Standards Act.

As provisions for both Pregnancy Leave and SEB Plans are covered under the Central Agreement, refer to Article C9.00 in Part A of this collective agreement.

All leaves of absences shall be without loss of pay or seniority unless otherwise noted.

22.01 Bereavement Leave

1. Employees shall be granted up to five (5) working days for absence occasioned by the death of a relative. Relative to include: parent, step-parent, common law partner, spouse, brother, sister, step-sibling, child, stepchild, foster child, grandchild, grandparents, son-in-law, daughter-in-law, brother-in-law, sister-in-law, mother-in-law, father-in-law, and
2. three (3) days for aunt, uncle, niece, nephew. The Board may grant a maximum of two (2) additional days traveling time. If circumstances or distance prevent the employee from attending the funeral, bereavement leave of one (1) day will be granted to the employee within the work week in which the funeral took place.

22.02 Compassionate Leave

Employees shall be granted up to five (5) days to attend in the case of serious illness requiring hospitalized/medical attention for any of the following relatives, parent, step parent, common-law partner, spouse, brother, sister, child, step child, foster child . The Board may require satisfactory proof from the Doctor that the illness of the family member is serious and should there be a fee, the Board will fully reimburse for the medical note.

22.03 Other Leave

22.03.1 Request for leave with or without pay for any reason not stated above or for a longer duration than stated above shall be made in writing by the employee concerned, and may be granted at the sole discretion of the Superintendent of Education with the Human Resources portfolio or designate. When the employee returns from a leave of absence, the employee shall be assigned to the employee’s former position if it still exists. If the position has become redundant, relocated or the home base was changed, the employee shall have the right to bump.

22.03.2 Indigenous employees are able to utilize existing short-term paid leave as per Central Agreement Letter of Agreement #11.

22.04 Union Leave

1. Upon providing three (3) working days notice, a leave of absence shall be granted upon written request to the Board to employees selected or appointed to represent the Union at union conventions, education seminars or other bona fide union business. Such leave shall not exceed a total of twenty-four (24) days in an agreement year. Such leave shall not be granted to more than one employee from any one school or department at any one time. The Union agrees to pay one hundred percent (100%) of replacement costs.
2.  Upon written request, the Board may grant a leave of absence for a period of up to two (2) years to an employee who has been appointed to a full-time Union position. The leave shall be limited to one employee at any one time and shall be without loss of salary, seniority or fringe benefits providing the Union reimburses the Board for the full cost of the leave. Upon return from the leave of absence, the employee shall be assigned to the employee’s former position or the equivalent.
3. Upon written request, the Board may release the President of the Union for one (1) day per month for the school year, to perform Union duties. The one (1) day per month must be mutually agreed upon and must be consistent for the school year. The Union will reimburse the Board for the full cost of wages, pension and benefits paid to an employee on such leave.

22.05 Jury Duty and Witness Duty

An employee shall be allowed leave of absence without loss of pay, benefits, or seniority if absent for the purpose of Jury service, or subpoenaed as a witness in any court proceedings to which the employee is not a party, nor charged with an offence, providing the employee pays to the Board any fee, exclusive of traveling allowances and living expenses, received as a juror or as a witness.

22.06 Leave of Absence for Public Office

An employee who is elected to public office shall be granted a leave of absence without pay and without loss of seniority for a period of one (1) year. Such leave shall be renewed each year during the term of office.

22.07 Leave to Write Examinations

An employee may be granted a leave to write examinations leading to the advancement of the employee’s academic or professional qualifications at the discretion of the Superintendent Education with the Human Resources portfolio.

23.01 All permanent employees shall receive an annual vacation with pay in accordance with the following schedule:

After 1-year service            2 weeks

After 3 years’ service         3 weeks

After 7 years’ service         4 weeks

After 15 years’ service       5 weeks

After 25 years’ service       6 weeks

23.02 On rare occasions an employee may request postponement of vacation or it may be necessary to reschedule vacation leave at the request of the employer. The parties agree that requests for vacation leave shall not be unreasonably withheld or rescheduled. However, under no circumstance will vacation accumulation be extended beyond a second year. Notwithstanding the foregoing, an employee may carry forward five (5) vacation days providing the vacation is used on or before August 31^st of the following vacation year.

23.03 An employee who works less than twelve (12) months a year shall receive vacation pay in accordance with credited service in lieu of annual vacation. The pay shall be two percent (2%) for each week of vacation the employee qualifies for and shall be paid on each pay day based on the gross salary earned for that pay period. Such employees may request leave without pay as vacation leave during the school year in accordance with their entitlement outlined in 23.01. Request for this leave shall not be unreasonably withheld. It is understood that such employees will not be paid if they do not work Christmas and March Break.

23.04 Holidays during Vacation

If a holiday falls or is observed during an employee’s vacation period, the employee shall be granted an additional day’s vacation for each such holiday in addition to the employee’s regular vacation time.

23.05 Twelve (12) month employees will be entitled to take their vacation other than July and August when circumstances require it. Approval of this vacation time is left solely to the discretion of the Manager/Co-ordinator involved. Request shall not be unreasonably withheld. In as much as possible, vacation shall be scheduled during the Christmas and March Break.

23.06 Should an employee become disabled due to illness or accident, or bereaved while on vacation, such period shall not be considered vacation but shall be considered sick leave or bereavement leave and paid accordingly. Employees must produce a doctor’s certificate to establish the period of illness or disability while on vacation.

23.07 An employee with less than one (1) year of service as of June 30th shall have vacation entitlement pro-rated based on the allocation in Article 23. 

(i.e. months of service/divided by 12 months x allocation)

23.08 Employees receiving Long Term Disability Insurance or Workplace Safety Insurance Board benefits for periods in excess of six (6) months shall not accumulate vacation leave for the period of their absence.

24.01 

1. All twelve (12) month permanent employees shall receive one (1) day’s pay for not working on the following holidays:

1. All ten (10) month permanent employees shall receive one (1) day’s pay for not working on the following holidays:

1. In order to qualify for payment of the holidays identified in 24.01(a) and 24.01 (b), an employee must work their regular shift immediately prior to and immediately following the holiday, except in cases of verified illness or approved paid leave.
2. All permanent employees shall receive up to six (6) floaters to be earned at the rate of one (1) for every two (2) months for which an employee was actively at work or on paid sick leave. The employee may request access to a maximum of two (2) unearned floaters. The approval of these requests will be at the sole discretion of the appropriate superintendent. Floaters must be used by the end of the current school year for 10-month staff and August 31^st for 12-month staff.
3. Commencing September 30, 2022, and annually thereafter, the Board will grant one (1) floating holiday to persons employed on September 30 of the school year in lieu of the National Day for Truth and Reconciliation. Such floating holiday shall be taken during the balance of the school year on a day requested by the employee and subject to the approval of the appropriate superintendent, which approval shall not be unreasonably withheld. Should the Province of Ontario amend the Employment Standards Act, 2000 (the “ESA”) to include the National Day for Truth and Reconciliation as a public holiday, employees will cease to be granted the foregoing floating holiday and will instead be granted the public holiday under the ESA.
4. Provided that the ESA is not amended to include Remembrance Day as a public holiday, the Union agrees and acknowledges that November 11, Remembrance Day, is not a paid holiday pursuant to Article 24.01.

24.02 If a paid holiday falls on a Saturday, Sunday, Scheduled Day off or annual vacation leave, it shall be rescheduled to a mutually satisfactory date.

25.01 The regular hours of work shall be thirty-five (35) hours per week and shall consist of five (5) seven (7) hour days Monday through Friday.

25.02 Twelve month employees may be given the option of taking the period of the Christmas Break and the Winter Break off without pay except for the regular statutory holiday entitlement providing such practice does not affect the efficiency of the Board’s operation. All twelve month employees of the Board shall be treated equitably in regard to the time off permitted on all grant days.

25.03 All employees will be permitted two (2) fifteen (15) minute rest periods each working day.

25.04 Employees in a work location which closes due to a natural or stated emergency shall not be required to report for work until called by their supervisor or advised through the media.

25.05 The normal work year for a ten (10) month employee will consist of the following:

• 188 instructional days
• 6 professional activity days
• 12 paid holidays as listed in 24.01 (a)
• Elementary schools 5 days immediately prior to the commencement of the school year
• Secondary schools 4 days immediately after the end of the school year and 5 days immediately prior to the commencement of the school year.

26.01              

1. All time worked beyond the regular work day and week shall be approved in advance by the appropriate Superintendent and on a voluntary basis and shall be deemed to be overtime. Overtime worked shall be taken either as time off or paid for at the rate of time and one-half for the first four (4) hours and double time after four (4) hours in any day.
2. Any employee who is required to work a regular day off shall be paid at the rate of double the employee’s standard rate of pay for every hour worked.
3. An employee who was required to work on a statutory holiday (as per Article 24.01) shall be paid at the rate of double the employee’s standard rate of pay for each hour worked in addition to the employee’s regular pay for said statutory holiday.
4. Employees will have the option of time off in lieu of overtime worked providing the time off option is exercised within six (6) months of the overtime being worked. Such time off will be granted at the request of the employee at the rate as specified above. A maximum of five (5) days’ accumulation is permitted.

26.02  Allowance

Employees required to work more than three (3) hours beyond their normal work day or shift shall be reimbursed for a meal to a maximum of twenty dollars ($20) upon

presentation of a receipt.

26.03 Minimum Call-Back

Every employee who is called out and required to work in an emergency outside the employee’s regular working hours shall be paid at the rate of a minimum of four (4) hours at regular rates or as specified in 26.01 a), b) and c).

26.04 Equal Distribution of Overtime

Overtime in any school shall be divided equally among the employees of that school who are engaged in similar types of employment and who are qualified to perform the work that is available.

26.05 No Overtime During Layoff

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

As sick leave provisions are covered under the Central Agreement, refer to Article C10.00 in Part A of this Collective Agreement.

27.01 

1. The Superintendent of Human Resources of the District School Board Ontario North East shall do and perform all things necessary or incidental to implement the Central Agreement sick leave provisions.
2. An employee who becomes entitled to compensation under the provisions of the Workplace Safety and Insurance (WSIB) Act, 1997 shall be eligible to have a top-up of compensation pursuant to WSIB regulations 2/13 and 1/13.
3. Absence for illness of the Employee for a period of five (5) consecutive working days or less may be certified by the Superintendent of Human Resources or designate. Absence for illness exceeding five (5) consecutive working days shall be certified by a licensed medical practitioner and the District School Board Ontario North East reserves the right to demand a certificate in any case from a doctor named by the Board. Where an Employee is absent for illness for more than twenty (20) consecutive days, the Superintendent of Human Resources or designate may require that a certificate be submitted by a licensed medical practitioner before the Employee shall be entitled to payment under the Plan. The Board shall pay all costs for any certificate required under this article from a licensed medical practitioner.
4. Employees may deduct from their sick leave accrual time off for their personal appointments or time off to accompany their dependents to appointments with their dentist, optometrist, doctor, chiropractor or other related paramedic appointments, including reasonable time allowance for out of town travel.

From the COPE MOU with the Ministry of Education dated June 27, 2013:

Any leave of absence in the 2008-12 Collective Agreement, that utilizes deduction of 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) days 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 leave nor shall they be accumulated from year-to-year.

28.01 Employees hired prior to September 1, 1998 shall continue to receive the retirement gratuity as specified in the collective agreement which was negotiated between the former Bargaining Unit and predecessor Board. The applicable provisions and the list of employees who are eligible are listed in Appendix “D”.

29.01 Benefits are a central agreement matter.

1. Long Term Disability

The Board shall pay Seventy-Two percent (72%), and the employee shall pay Twenty-Eight percent (28%) of the premiums for all employees enrolled in a Long Term Disability Plan.

30.01 Mileage

Use of the Employee’s vehicle will be reimbursed as per Board policy.

31.01 The parties agreed to adhere to the Board policy regarding inclement weather.

32.01 Within a reasonable length of time an employee shall have access to or be given a copy of all personnel files in the possession of the Board relating to that employee.

The personnel records of an employee, or former employee, shall not be shared in any manner with any other employer or agency, without the prior written consent of the employee concerned. Any disagreement as to the accuracy of information contained in a record shall be subject to a grievance. It is understood the Board will surrender an employee’s personnel file if the Board is compelled to do so under law.

33.01 Professional Activity Day

Each year the Board shall grant one (1) day with pay to all employees, for the purpose of professional activity approved by the Board and as long as it coincides with a scheduled P.A. Day.

33.02 Employee Transfer

No employee shall be transferred from one work place to another without the employee’s written consent.

33.03 Collective Agreement Distribution

The Board agrees to advise newly hired employees the Collective Agreement is available on Docushare. 

34.01 The Board shall make provisions for the safety and health of the employees.

34.02 The Board and the Union shall comply with all applicable federal, provincial and municipal health and safety legislation and regulations.

34.03 The Union shall be entitled to have a representative on the Health and Safety Committee. Such member shall be released from their work assignments to attend meetings of the Health and Safety Committee held during working hours without loss of salary, benefits or seniority.

35.01 A Labour Management Committee shall be established consisting of three (3) representatives of the Union and three (3) representatives of the Board. The Committee shall have full support of both parties to this Agreement.

35.02 The Committee shall meet at a mutually agreeable time and place during working hours. Employees shall not suffer any loss of pay for time spent at Committee meetings.

37.01 The Employer and the Union agree that there shall be no discrimination exercised or practiced  with respect to any employee in the matter of hiring, assigning wage rate, training, up-grading, promotion, transfer, lay-off, recall, discipline, classification, discharge, or any other action by reason of age, race, creed, colour, ancestry, place of origin, ethnic origin, citizenship, sexual orientation, sex, marital or parental status, family status, disability or any other protected ground under the Ontario Human Rights Code, nor by reason of his membership or activity in the Union.  

The Employer and the Union are committed to a work environment which is free from discrimination, harassment and/or workplace violence as defined by the Ontario Human Rights Code, the Occupational Health and Safety Act and any other applicable legislation. 

37.02 Bargaining Unit employees who choose to file a complaint under the harassment policy shall be entitled to use the grievance procedure if they wish.

38.01 All regular employees who are employed on a ten (10) or twelve (12) month schedule, and who have one (1) year or more of service, will be entitled to severance pay in accordance with the Employment Standards Act.

The Board and the Union agree that they will abide by the Articles of this Agreement from the date of ratification by both parties to August 31, 2022, inclusive, and from year to year thereafter unless either party desires to change or terminate the Agreement in which case the party desiring the change or termination shall notify the other party in writing ninety (90) days prior to the expiration of the Agreement.