Collective Agreement between DSB1 AND EFTO

For the period of September 1, 2022 to August 31, 2026

Article 1 - Purpose

1.01 It is the purpose and intent of the Parties to set forth the terms and conditions of employment and other related provisions provided for in this Collective Agreement.

1.02 Except for error, omission, or inadvertence, it is the intent of the Parties and the purpose of the Collective Agreement to set forth the terms and conditions of employment, together with the salaries, allowances, and related benefits and to provide for the equitable settlement of all matters in dispute between the Parties. It is the further purpose of the Parties to set forth all matters mutually agreed to in this document, all of which constitutes the entire negotiated agreement between the Parties.

Article 2 - Scope and Recognition

2.01 The Board being the District School Board Ontario North East (herein after referred to as “the Board”) recognizes the Elementary Teachers’ Federation of Ontario (hereinafter referred to as “the Union”) as the bargaining agent for all teachers employed by the Board in its elementary panel save and except occasional teachers. For the purposes of this collective agreement “Teacher” shall mean a member of the Ontario College of Teachers who is in good standing.

2.02 The Local will inform the Board on or before May 31 of each year who is authorized to act on behalf of the Local. “Local” shall mean the Ontario North East Teachers’ Local of the Elementary Teachers’ Federation of Ontario.

2.03 The Board recognizes the right of the Local to receive assistance from the Union, or any other duly authorized agent, to assist in all matters pertaining to the negotiation and administration of this Agreement.

2.04 The Union recognizes the right of the Board to consult with their professional management and to obtain other such additional outside assistance as the Board considers appropriate.

Article 3 - Union Dues and Assessments

3.01 The Board shall deduct, for every pay period for each teacher, union dues and assessments. Dues and assessments deducted in accordance with this Article shall be forwarded to the General Secretary within thirty (30) days of the dues being deducted. The Union shall inform the Board, from time to time, of the amount of such dues and assessments.

3.02 The payment shall be accompanied by the dues submission and the current electronic list showing the names, addresses, wages earned, and dues and assessments deducted.

3.03 The Union and/or the Local as the case may be, shall indemnify and hold the Board harmless from any claims, suits, attachments, and any form of liability as a result of such deductions authorized by the Union and/or the Local.

Article 4 - General

4.01 Correspondence

All correspondence between the Parties arising out of this collective agreement or incidental thereto shall pass to and from the Director of Education or designate and from the President of the Local or designate.

4.02 Statutory Responsibilities

The Board and the Union agree to abide by the Education Act, the Employment Standards Act, the Ontario Human Rights Code and any other prevailing statutes governing education and employment in Ontario, and all regulations thereunder.

4.03 Collective Agreement Copies

A copy of the Collective Agreement will be posted on the Board website for all Union members and they shall be provided with login information and advised as to where to access the agreement no later than 2 weeks after the date of hire.

4.04 Evaluations

Only supervisory officers and elementary principals and vice-principals shall evaluate a teacher’s competence. No members of the Union shall be required or requested to formally evaluate a teacher’s competence.

Teachers shall be evaluated according to the evaluation procedures and policies as outlined in Board Evaluation Policy of the District School Board Policy Manual which may be amended from time to time. It is understood that the Board policy will comply with the Provincial Legislation and the Education Act.

4.05 Just Cause

No teacher shall be demoted, suspended, discharged, dismissed or disciplined in any way without just and sufficient cause. Such cause shall be provided to the teacher in writing, within 5 (five) calendar days from the time the teacher is informed of any such action.
Prior to the imposition of any discipline, there shall be a meeting held between the teacher and a Board representative to discuss the matter. The teacher shall have the right to have the Local President or designate present, and shall be informed of the purpose of the meeting.

4.06 Reasonable Exercise of Rights

The Board and the Union agree that their rights and responsibilities shall be exercised in a manner that is fair, reasonable, equitable, non-discriminatory, and consistent with this collective agreement and the prevailing statutes.

4.07 No Penalty

The Board agrees not to penalize or discriminate against any teacher for participating in the activities of the Union, including exercising any rights under this collective agreement or the prevailing statutes of Ontario.

4.08 No Discrimination

The Board and the Union agree that there shall be equal treatment with respect to employment without discrimination or perpetuation of the effects of past discrimination, if any, based on a protected ground in a protected social area as per the Ontario Human Rights Code, or by reason of membership or activity in the Union.

Article 5 - Seniority

5.01 The seniority list shall be established in accordance with the provisions of this article and shall be used for the purpose of surplus and redundancy as set out in other provisions of this agreement.

5.02 The name of each Teacher shall appear on the seniority list established in accordance with the criteria set out below.

5.03 Seniority placement will be determined by October 31, using the established criteria.

5.04 The Board shall be responsible for the production, distribution, storage, and retrieval of the seniority list and the documentation pertaining to the development of the seniority list.

5.05 The Board shall provide the President of the Local with an electronic copy of the seniority list by October 31.

5 .06

The Board shall post a copy of the seniority list in an appropriate location at each work site by October 31 of each year. An electronic copy of the seniority list shall be provided to the President of the Local at the same time. The seniority list will be reviewed by teachers until November 30 and the information contained therein shall be considered correct for all purposes unless a teacher disputes its accuracy as required below in paragraph b).
Teachers’ objections shall be made in writing by November 30 to the Local President and the appropriate Superintendent of Schools. The Board may require the member to submit additional documentation.
Should it be required to amend the seniority list, an updated copy of the seniority list shall be posted by the Board in an appropriate location at each work site by December 15. An electronic copy of the updated seniority list shall be provided to the President of the Local by December 15. This seniority list shall be deemed correct.

5.07 A teacher’s seniority with the Board up to January 1, 1998 will be based on the following criteria from their elementary predecessor Board:

- total elementary teaching experience;
- part-time elementary teaching experience to count as a full year, for the purpose of establishing seniority;
- total Board approved leave time;
- while redundant as determined by the provisions of the collective agreement to a maximum of two (2) years;
- elementary teaching time to be calculated by elementary superannuation and/or Board records rounded up to the nearest tenth (10th) of a school year.

5.08 Effective January 1, 1998, all Teachers shall accrue seniority based upon continuous teaching experience in the elementary panel of District School Board Ontario North East. For new teachers, on or after January 1, 1998, seniority will begin to accrue from the first contracted working day with the Board.

5.09 Effective January 1, 1998, a teacher shall accrue seniority based upon the following criteria:

- each year of continuous teaching experience in the elementary panel
- for approved paid and unpaid leaves
- while on recall as determined by the provisions of the collective agreement.

5.10 Effective January 1, 1998, a part-time teacher shall be deemed to be a full-time teacher for the purpose of establishing seniority.

5.11 Where Teachers have equal seniority as established by this article, the order of seniority shall be determined by the criteria set out below:

total elementary experience including documented occasional elementary teaching with the Board and its predecessor Boards; then
total secondary experience including documented occasional secondary teaching with the Board and its predecessor Boards; then
total elementary experience in Ontario; then
total elementary experience in Canada, then
total elementary experience; then
total teaching experience recognized by the Ontario College of Teachers; then
by lot conducted co-operatively by the President of the Local or designate and the Regional Superintendent of Schools or designate by November 30.

For the purpose of seniority, documented occasional teaching experience shall be calculated using the following formula:

Total days of occasional teaching in the school year

Total number of teaching days in the school year

Rounded up to the nearest tenth of a school year

5.12 It is understood that no teacher can accumulate more than one year’s seniority in any school year.

Article 6 - Transfers, Surplus, Redundancy, Recall Options

The following procedure will be followed when the staffing provisions in this collective agreement necessitate a reduction in the number of teachers in a school or in the bargaining unit as a whole. The Board agrees to submit changes to school names once they have been established.

Definitions

(a) Surplus Teacher

A teacher for whom there is no position within a school, but who can be placed within the elementary panel.

(b) Redundant Teacher

A teacher for whom there is no position available within the elementary panel.

(c) Zones

The zones are defined as follows:

Zone 1 - Hearst (Clayton Brown)

Zone 2 - Kapuskasing-Smooth Rock Falls (Diamond Jubilee, Smooth Rock Falls)

Zone 3 - Cochrane-Iroquois Falls-Black River-Matheson (Cochrane Public School, Iroquois Falls Public School, Joseph H. Kennedy, Iroquois Falls Secondary School (ele))

Zone 4 - Timmins (Bertha Shaw, Golden Avenue, Schumacher, W.E. Miller, Pinecrest, R. Ross Beattie, Schumacher Board Office, Roland Michener SS (ele), Timmins Centennial)

Zone 5 - Kirkland Lake (Central, Federal, Kirkland Lake District Composite School)

Zone 6 - Timiskaming (Temagami, New Liskeard, Kerns, Elk Lake, Englehart, New Liskeard Board Office, Timiskaming District SS (ele), Englehart HS (ele))

(d) Areas

The areas are:

Area 1 - Zones 1, 2,3

Area 2 - Zone 4

Area 3 - Zones 5, 6

6.01 Transfers

Teachers who wish to request a transfer to another elementary school shall forward their request to the appropriate Superintendent of Schools and the President of the Local in writing by March 31. The Superintendent of Schools shall acknowledge receipt of the request within 5 business days. A copy of the response shall be sent to the President of the Local.
The Superintendent of Schools shall notify the teacher and the President of the Local of the resulting decision on or before May 31. Given extenuating circumstances, the Board and Local may mutually agree to transfers beyond this date. A notification of intent to transfer should include:
1. qualifications
2. grade, subject areas and school, zone or area in which the teacher would like to teach.
A teacher who has not been granted a voluntary transfer for two consecutive years may request a meeting with the Superintendent before March 31 of the third year.

6.02 Teacher exchange requests shall be forwarded to the appropriate Regional Superintendent and the President of the Local by March 31. The Regional Superintendent shall acknowledge receipt of exchange requests by April 15. The approval of teacher exchanges shall be at the sole discretion of the Regional Superintendent on or before June 30. Teachers who have requested an exchange shall be notified by June 30.

6.03 Administrative initiated transfers may be necessary for identified program or individual needs. When an administrative initiated transfer is being considered, a meeting shall be held between the Teacher, the Superintendent of Schools and the Local President or designate. During this meeting, the specific reason for the move shall be disclosed, and the Teacher will have the opportunity to state concerns and ask questions.

6.04 The Board will pay a Teacher who is given an administrative transfer in excess of fifty (50) kilometers (one way) from the original school a per annum allowance of two thousand two hundred thirty-eight dollars and fifty cents ($2,238.50) for the 2019-2020 school year, two thousand two hundred seventy-seven dollars and sixty-seven cents ($2,277.67) for the 2020-2021 school year and two thousand three hundred sixty-three dollars and nine cents ($2,363.09) for the 2021-2026 school years.

6.05 Surplus

Should transfers as per Articles 6.01, 6.02 and 6.03 not satisfy the staffing or program requirements at the school, the Teacher or teachers whose Board seniority is the lowest in the school, and who is not qualified in accordance with the Act and Regulations as amended shall be designated as surplus to the staffing/program needs of the school.

6.06 Teachers on approved leaves of absence shall be placed on the staff list of their school at the commencement of the leave.

6.07 The principal of the school or Human Resources designate shall notify in writing a teacher who is to be declared surplus on or before May 31. Such notification is to be given at a meeting with the teacher in the presence of Union representation.

6.08 The President of the Local will be notified of all teachers being declared surplus by May 30.

6.09 The teacher declared surplus may:

request a voluntary transfer anywhere in the Board prior to June 3, in accordance to article 6.01, or
request a leave of absence of up to two (2) years.

6.10 Following 6.01 and 6.09 requests, surplus teachers shall be placed within the zone to displace a teacher with the least seniority in the zone.

Teachers who remain surplus shall follow the displacement process in the following sequence:

Choose to displace a teacher with the least seniority in the area;
Choose to displace a teacher with the least seniority in another area;
Decide not to displace, and select to be placed on the recall list or to resign from the Board;
Have a right to recall where notice will be sent, as per Article 6.22, for any remaining vacancies.

6.11 A teacher who is declared surplus and has been placed in another school, zone or area, shall have the right to return to a teaching position for which the teacher is qualified which becomes available in the school, zone or area from which the teacher was declared surplus within ten (10) months of the surplus placement. It is the teacher’s responsibility to make this request to Human Resources prior to the closing date of the posted vacancy.

6.12 Teachers who were declared surplus but are unqualified for vacant positions as per the procedure in 6.10 shall be given the opportunity to become qualified for the position by a mutually agreed date.

6.13 In order to facilitate the staffing process, known vacancies for Board or regional assignments shall be posted by April 30 of each year, dependent on funding announcements.

6.14 The Staffing Committee may hold staffing placement meetings following June 3 and up to June 30 in order to place surplus teachers and teachers who have requested transfers. In the placement process, surplus teachers will be given priority in placements over transfer requests.

6.15 September Surplus Procedures

If a school is required to reduce staff on or before October 31 of the school year, it will do so by declaring a teacher, or teachers, surplus to the staffing needs of the school in accordance with Article 6.05.

If necessary, time frames for teacher transfers and declarations of surplus and redundant teachers shall be established in consultation with the Local.

6.16 Redundancy

On completion of the surplus to school placements, remaining teachers with the least seniority in the Board shall be declared redundant.

6.17

Notwithstanding 6.12, the Board has the responsibility to ensure staff for designated special programs are qualified as per the qualifications regulations of the Education Act or Ontario College of Teachers.
The following procedure will be followed when a teacher in a designated special program is declared redundant:
1. Fill the position through voluntary transfer.
2. Retain the teacher in the designated special program and declare the teacher with the next least seniority redundant.
3. Present the teacher with the next least seniority the option of becoming qualified through an additional qualification course to teach the designated special program. On agreement to become qualified, the teacher will teach the designated special program and the teacher with the least seniority will be declared redundant.
4. If the teacher with the next least seniority is unable to become qualified through an additional qualification, the teacher may request a leave of absence up to two (2) years to become qualified. On the return from leave, the teacher shall return to their position on the seniority list.

6.18 A teacher shall be informed of their redundancy in writing by the Director or designate on or before June 30, with a copy forwarded to the President of the Local. The declaration of redundancy shall be effective on August 31 of that school year. The teacher will continue to maintain the right to recall from June 30 to August 31.

6.19 A redundant Teacher, subject to the provisions of the respective benefit plans, may continue to participate in one or more of the plans, to the extent that the plans permit, by paying the full cost of any such plans.

6.20 Recall

Human Resources shall maintain a recall list of all teachers declared redundant and forward a copy to the President of the Local.

6.21 A teacher who has been declared redundant shall retain the right to be recalled on the basis of seniority for twenty-four (24) months from the time of being declared redundant to positions for which the teacher is qualified or can become qualified prior to return.

6.22

A recall notice shall be sent by email from the Human Resources office to the teacher’s Board email address, and copied to the President of the Local. All recipients of the email shall be visible in the addressee field.
A teacher who fails to respond within two school days of the date of the e- mail shall lose the right of recall unless there are extenuating circumstances. Notwithstanding the above, teachers recalled in July and August must respond in five days.

6.23

A teacher has the right to refuse recall to a position offered outside of their zone without prejudice to the teacher’s recall rights.
A teacher cannot refuse recall within their zone to a position they are qualified for that is a higher permanent FTE than they are currently assigned to as a permanent teacher (i.e. a teacher who is 0.1 permanent FTE and 0.9 FTE recall cannot refuse an offer of a 0.2 FTE or higher permanent position within their zone).
Refusal to be recalled or no response to the recall notice within the Teacher’s zone will equate to removal from recall if the teacher has the necessary qualifications for the position. A teacher has a right to refuse recall to any position outside of their zone during their recall period.

Other Options

6.24 Redundant teachers shall have the first right to teach classes in continuing education, night school, and summer school provided they are qualified.

6.25 The Board agrees to pay any full-time teacher whose contract is terminated by reasons of redundancy, a severance allowance equal to 4% of the teacher’s annual salary for each year of service with the Board to a maximum of $7,000. Severance allowance for part-time teachers shall be pro-rated.

6.26 The parties agree that the acceptance of a severance allowance terminates all employer-employee obligations.

6.27 Terminations and Resignations

A Teacher who resigns shall do so in accordance with the Employment Standards Act. A teacher whose employment is to be terminated shall be given notice in accordance with the Employment Standards Act. Terminations shall be subject to Article 4.05 Just Cause.

Article 7 - Job Postings

7.01 The Local President shall be notified of all postings, appointments, hirings, lay-offs, re-hirings, and terminations of employment.

7.02 A vacancy is defined as a position left vacant as a result of the promotion, resignation, secondment, transfer, retirement, or death of a teacher where the Board intends to fill the position.

7.03 New positions created by the Board shall first be offered to recall and then posted.

7.04

The Board shall post in every school a notice of every new position and vacancy for a period of not less than four school days. All postings shall include the title of the position, qualifications, location and effective date. Copies shall be sent to the Local.
A teacher who was interviewed for a position shall receive a debriefing, if so requested, following the selection process.

7.05

Positions that become vacant after September 1, as a result of a vacancy or the establishment of a new position (excluding positions with a responsibility allowance) shall first be offered to teachers on the recall list who are qualified or willing to become qualified by a mutually agreeable date, in order of seniority.
If the position is not filled after the application of part a) above, it shall be posted in every school for a period of not less than four (4) school days. The posting shall include the title of the position, qualifications, location, effective date and that it is subject to the provisions of this Article. The Board may choose to simultaneously advertise the position externally.
Such positions shall first be offered to part-time qualified teachers in the zone, in order of seniority, provided a response to the posting is received.
If the position is not filled after the application of part c) above, it may, at the discretion of the Board, be offered to any full time qualified teacher applicant.
If the position is not filled after the application of part d) above, any qualified teacher may be hired to fill the position. A teacher so hired shall be included on the seniority list and shall be subject to this collective agreement (e.g., transfers, surplus, redundancy and recall procedures).

Article 8 - Access To Information

8.01 The Board and the Union agree to abide by the provisions of the Freedom of Information and Protection of Privacy Act, and all prevailing statutes governing personal privacy in Ontario and all regulations thereunder.

8.02 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. Upon a Teacher’s request, the Board may remove all record of disciplinary action from a Teacher’s file after two (2) years if there has been no related disciplinary action in the interim.

8.03 When a teacher disputes the accuracy or completeness of any such information, the teacher shall notify the Board in writing and this information shall be added to the file.

8.04 Where a teacher authorizes in writing access to the teacher’s personnel file by another person acting on the teacher’s behalf, the Board shall provide such access, as well as copies of materials contained therein, if also authorized and requested.

8.05 Teachers shall receive copies of any materials placed in their personnel file within three (3) school days of the material being filed.

8.06 Signature Not Approval

The signature of a teacher on any document respecting the performance or conduct of that teacher shall be deemed to be evidence only of the receipt thereof and shall not be construed as approval of, consent to, or agreement with the contents.

8.07 If a teacher disputes the accuracy or completeness of information in the personnel file the Board shall, where possible, within fifteen (15) days from receipt of a written request by the teacher stating the alleged inaccuracy, either confirm or amend the information and shall notify the teacher in writing of its decision including reasons for that decision.

Where the Board amends such information per the above, the Board shall at the request of the teacher, attempt to notify all persons who received a report based on inaccurate information.

8.08 The Board shall notify the Union in writing of any alterations to the Teacher Performance Appraisal Policy.

8.09 Medical Information

The Board shall maintain any medical information as per policy and procedure 1.2.25 Confidentiality of Medical Records.

8.10 Access To Board Minutes

The Board shall provide to the Union copies of any agendas, minutes and support documents at least two (2) days prior to all Board meetings and Board committee meetings via the Board’s website at www.dsb1.ca.

8.11 Data for Negotiations and Maintenance of the Collective Agreement

The Board will make every effort to provide the following information to the Union on request.

a statement of the current operating budget;
a statement of the current operating expenditures;
a statement of participation in each benefit plan covered by this collective agreement including a cost analysis thereof;
data respecting salaries, percentage of full-time assignments, allowances, category classification, teaching experience, and seniority concerning each teacher covered by this collective agreement;
data respecting individual status of employment, such as a listing of teachers on leave or on the recall list;
information and data respecting the teacher complement, pupil enrolment, school organization and class size;
information and data respecting instructional time.

Article 9 - Method of Payment

9.01 Credits, Category, Salary

On or before October 31st, and within one (1) month of any negotiated change in salary or change in qualification, the Board shall provide to each teacher a notice setting forth the following:

- Credit for teaching experience
- Category classification
- Salary and allowances

Teachers will be informed of their sick leave credits on their bi-weekly statement of earnings.

9.02 The annual salary will be evenly divided by the number of bi-weekly pays in the twelve-month period pursuant to this collective agreement.

9.03 A failure by the Board to deposit a teacher’s pay on agreed dates will result in the Board payment of a teacher’s bank charges caused by the Board’s late payment. Prior to the Board’s payment of bank charges the Board and the Local must agree that the bank charges were due to Board error.

9.04 Grid Placement

School Boards shall adjust their current salary grids in accordance with the following schedule:

2022-2023 - 3%

2023-2024 - 3%

2024-2025 – 2.75%

2025-2026 – 2.5%

Effective August 29, 2022

Effective August 28, 2023

Effective August 28, 2024

Effective 2025-2026

9.05 Teacher shall be paid in Category A1 until such time as they provide proof of different category and/or membership in good standing with the Ontario College of Teachers.

9.06 Teachers with less than a full-time assignment shall be paid pro rata based on their assignment.

9.07 Where a teacher is employed to work only part of the school year, the teacher’s salary shall be prorated on the basis of the number of days the teacher works relative to the total numbers of days in the school year.

9.08 Credit for Teaching Experience

The onus is on the teacher to provide documentation of teaching experience. Submitted documentation shall be on previous Board official letterhead, signed by the appropriate department and must indicate if experience was permanent, long-term occasional or daily occasional.
All previous elementary or secondary school teaching experience obtained while qualified under Ontario standards or equivalent to Ontario standards as determined by the College of Teachers and approved by the Board will be recognized for placement on grid. Only experience obtained while in a probationary or permanent teaching position or experience as a long-term occasional teacher will be included. The calculation of teaching experience is based on paid time only with the exception of the statutory unpaid pregnancy leave period.
If previous teaching experience entitles a teacher to a salary increase, the increase shall be paid retroactively to the date of commencement of employment, providing proof of previous teaching experience is received by Human Resources within three (3) months of hiring.
Except for error or omission, teaching experience recognized by the Board for salary purposes on January 1, 1998, will continue to be honoured.
Teaching experience for salary purposes will be calculated as follows:
1. The calculation of years of teaching experience will be made annually as of September 1 and will be determined by dividing by ten (10) the total number of complete months of teaching; e.g., periods of twenty (20) or more consecutive days of teaching.
2. If a period of teaching experience includes a partial month of ten (10) or more days, this experience will be recognized as a complete month e.g. four (4) months and twelve (12) teaching days will equal five (5) months; four (4) months and nine (9) teaching days will equal four (4) months.
3. A part-time teacher who is employed for a full year to teach only a portion of each day will be credited with the percentage of time worked times ten (10) months; (e.g. a teacher working 50% of the time will be credited with five (5) months; a teacher working 80% of the time will be credited with eight (8) months).
4. In no case shall a teacher receive more than one full year’s credit for a combination of teaching experience within one school year.

9.09 Category Classification

Each teacher’s category classification on the salary grid shall be determined by the application of the QECO program 5. Until the statement is received, a teacher shall be paid on the salary grid at Category A1.

9.10 No Adverse Effect

No teacher who was in the employ of the Board on the day prior to the effective date hereof shall be adversely affected with respect to either grid placement or movement on the grid by reason of the application of Article 9.08 and 9.09.

9.11 Upon receipt of all required documents that would necessitate a salary adjustment (ex. Category change, Master Degree), the Board will retroactively adjust the teachers salary effective the first day of the month after the completion date of the course as indicated by the Ontario College of Teachers.

Retroactive pay will be limited to a maximum of 4 months from the date indicated by the Ontario College of Teachers. In order to receive retroactive pay, documentation must be submitted to the Board prior to August 31st of the current school year.

Any courses completed over the summer months will be considered for salary adjustments in the upcoming school retroactive to the first day of the school year up to a maximum of 4 months from the date indicated by the Ontario College of Teachers.

Retroactive pay only applies to the current school year.

9.11Teacher In Charge

When there is neither a principal nor a vice-principal in the school on an instructional day for a half-day or more, a teacher shall be asked to assume Teacher-in-Charge responsibilities. This will apply where a Principal is assigned half-time or more.
The Teacher-in-Charge shall be paid a per diem rate in addition to the employee’s regular salary as follows:

September 1, 2019 $48.79 per day

September 1, 2020 $49.64 per day

September 1, 2021 $51.51 per day

September 1, 2022 $51.51 per day

September 1, 2023 $51.51 per day

September 1, 2024 $51.51 per day

September 1, 2025 $51.51 per day

Payment will be made in full or half days. The Teacher-in-Charge will receive this extra payment on the last pay date in December and the last pay date in June.

On an annual basis, the Teacher-in-Charge per diem rate shall be adjusted to reflect the negotiated salary increase.

c) The Teacher will continue to be subject to all terms and conditions of this Collective Agreement, and shall not discipline nor evaluate other members of the Bargaining Unit.

d)Nothing in this Article prevents the teacher from declining the opportunity to assume the Teacher-in-Charge duties.

e)An Occasional Teacher employee shall be hired to replace a member of the Bargaining Unit who is acting to replace an absent Principal/Vice- Principal where deemed necessary by the School Principal.

9.13 A teacher assigned to the position of District SERT shall be paid an annual allowance as follows:

September 1, 2019 $7,862.47 per year

September 1, 2020 $8,000.07 per year

September 1, 2021 $8,300.07 per year

September 1, 2022 $8,300.07 per year

September 1, 2023 $8,300.07 per year

September 1, 2024 $8,300.07 per year

September 1, 2025 $8,300.07 per year

9.14 Degree Allowance

Allowances for a Master’s Degree (or better) from an Ontario University, or Equivalent University shall be paid annually as follows:

September 1, 2019 $871.84 per year

September 1, 2020 $887.10 per year

September 1, 2021 $920.36 per year

September 1, 2022 $920.36 per year

September 1, 2023 $920.36 per year

September 1, 2024 $920.36 per year

September 1, 2025 $920.36 per year

Prior to payment above, a statement from QECO must be submitted to the Board indicating that the Master’s Degree (or better) was not utilized in achieving the category for which the teacher is being paid.

9.15 Payroll Deduction

The Local may request and the Board shall, with the authorization of the teacher, make the appropriate payroll deductions from a teacher’s pay for the following purposes:

Group RRSP contributions

United Way contributions

9.16 At the request of the Local, by August 31, the Board shall make a one-time payroll deduction or deduct an equal amount each pay date from teachers starting in October for the following purposes:

Local union levy

Other purposes as requested by the Local

9.17 Method of Payment

The Board shall pay to all members of the bargaining unit the 2022-2026 increase on salary grids. Such payments shall also be made to former bargaining unit members who were employed at any time during the currency of this collective agreement based upon their time employed.

Should the school year commence before September 1^st in any given year, all increases in grid cells, wages and allowances effective as of September 1, shall be applied to payments made to members of the bargaining unit in respect of days worked in that school year prior to September 1. For greater clarity, a working day for purposes of this article shall include both an instructional day and a Professional Activity day.

Article 10 - Expenses

10.01 Expense Allowances

A teacher shall be reimbursed each month for authorized out-of-pocket expenses upon presentation of appropriate receipts and documents.

10.02 Professional Development Expenses

The Board shall reimburse a teacher for all reasonable expenses connected with any educational or teaching conferences, conventions, workshops or courses attended by the teacher at the request of the Board.

10.03 Travel Expenses

A teacher who is required to travel between schools or other places of employment shall be paid for such travel by the Board as per Board policy.
In respect of other travel authorized by the Board, a teacher shall receive kilometrage from the Board as per Board policy.

10.04 Elementary Additional Qualification Allowance

The Board shall provide $450.00 upon successful completion of an additional qualification (University Credit for QECO purposes / AQ / ABQ / Masters) course. This allowance applies once per completed course, and once per school year (September to August). Upon successful completion of the course, a request for payment will be submitted to Human Resources for processing.

Article 11 - Working Conditions

11.01 Supervision Time

Supervision time shall be defined as the time teachers are assigned to supervise students outside of the three hundred minute instructional day. The instructional day shall be 300 minutes commencing with the start of opening exercises or the start of instruction, whichever comes first, and ending with the students’ dismissal from school for the day exclusive of lunch, nutrition breaks and recess break(s).
Supervisory duties include assigned duties such as yard duty, hall duty, bus duty, lunchroom duty and any other scheduled supervisory duties at any of the following times:
1. before the beginning of opening exercises in the morning or the beginning of instruction, whichever comes first;
2. during lunch, nutrition or recess breaks;
3. after school following the dismissal of students and beyond the 300 minute instructional day.
Effective on the date of ratification, the maxima of supervision minutes for elementary teachers will be 80 minutes within each period of five instructional days. Scheduled supervision duties include, but are not limited to yard duty, hall duty bus duty and lunchroom duty.
Teachers on part-time assignment shall only be required to perform a prorated amount of supervision time in accordance with their teaching assignment.
Supervision shall be assigned by the principal on an equitable basis.

11.02 School Year

The school year shall be determined in accordance with the Act and Regulations. The school year shall not exceed 194 school days which includes professional activity days. No teacher shall be required to work before start of the school year for pupils for the duration of the Collective Agreement.

11.03 Scheduled Working Day

The scheduled working day for all teachers shall begin at 8:30 a.m. and shall not extend past seven and a half (7.5) hours from the time when the teacher is required to report to the school/work site.
The above clause does not preclude teachers from taking part in extra- curricular activities beyond regular hours or attending regularly scheduled staff meetings as requested by the Principal.

11.04 Extra-Curricular Activities

It is understood that extra-curricular activities are voluntary.

11.05 Instructional Time

As of August 31, 2012, the Board shall ensure that each full-time teacher is assigned no more than one thousand, two-hundred and sixty (1,260) minutes per cycle five (5) instructional days during the school year subject to the provisions of Article 11.06. Instructional time shall not include supervision, recess, lunch period, and nutrition breaks.

Part-time teachers shall have their ratio of instruction to pupil time pro-rated.

11.06 Preparation Time

Effective August 31, 2012, every full time teacher shall be assigned at least two hundred and forty (240) minutes of preparation time per cycle free from classroom instruction and supervisory duties exclusive of student recesses and a scheduled daily lunch period within each cycle of 5 instructional days. An instructional day is as defined in Article 11.01 (a). Such preparation time shall be during the student’s instructional day exclusive of student recesses and a scheduled lunch period.
A part time teacher shall receive preparation time on a pro-rata basis in exact proportion that the teacher’s part-time assignment bears to a full-time assignment.
Professional Activity days shall not be considered instructional days for the purpose of scheduling preparation time.
Missed preparation time shall be rescheduled where a teacher is required by the principal to provide instruction during their scheduled preparation time for a teacher absent from work. Such rescheduling of missed preparation time shall occur as soon as administratively feasible, but no later than three (3) months after the loss of the preparation time and in any event within the same school year.
Every effort shall be made to provide preparation time in blocks as large as possible; however, preparation time shall be scheduled in intervals of not less than twenty (20) minutes.
Advance notice will be provided to the teacher when preparation time is scheduled to be repaid.

11.07 Lunch Break

Each teacher shall be entitled each day to an uninterrupted and continuous period of not less than forty (40) minutes for lunch, free from supervisory, teaching, or other duties during the scheduled working day.

11.08 Time For Travelling

A teacher who is assigned duties at two (2) or more locations on the same day shall be provided with adequate time to travel between the locations.

When travelling time occurs, it shall be exclusive of preparation time, and when it occurs during the lunch period, it shall be an extension of the forty (40) minute lunch period.

11.09 Workload

Assignments in each school shall be allocated equitably.
When a teacher determines an assignment is unreasonable the situation will be referred to the principal for review and adjustment. If the teacher is not satisfied with the results of this review and possible adjustment, the teacher may report the situation to the Regional Superintendent of Schools, with a copy to the School Principal and to the President of the Local for further consideration.
The Superintendent of Schools and the President of the Local or designate shall meet to review each situation which is reported to them.

11.10 Teacher Absence

The Board shall provide an occasional teacher when a teacher is absent. Where no teacher is available, a board may appoint a person who is not a teacher or temporary teacher in accordance with Regulation 298, Section 21. It is recognized that there may be exceptional circumstances as determined by the Board, when program needs may be unaffected and an occasional teacher may not be provided by the Board.

11.11 Staff Meetings

Regular staff meetings shall be scheduled by the Principal in consultation with the teaching staff and upon consensus whenever possible. Regularly scheduled staff meetings shall be held no more than once per month on average. Each meeting shall be no more than 75 minutes in length. The dates of the regular staff meetings shall be set within the first month of the school year and communicated to all teachers. Regularly scheduled staff meetings may include administrative/ organizational issues, professional development, training and other matters aligned with school and board goals. Teachers are expected to notify school administration if they are unable to attend regularly scheduled staff meetings. Teachers may submit agenda items to the Principal for consideration.

11.12 Peer Coaching and Mentoring

Except as otherwise required in the Education Act or in regulation, no teacher shall be required to act as a peer coach or mentor to another teacher. No information obtained from a coach or mentor, as part of their coaching or mentoring, shall be used in the assessment or evaluation of any teacher.

11.13 Release Time for Assessment, Evaluation and Report Cards

Two Professional Activity Days will be designated for the purpose of assessment, evaluation and completion of report cards: one prior to the first reporting period and one prior to the second reporting period. These days shall be scheduled at least one week prior to the reports being submitted to the office.

Article 12 - Staffing

12.01 Staffing Committee

A Staffing Committee shall be formed consisting of up to three (3) Superintendents from the Board and up to three (3) representatives as designated by the Union. The Committee shall meet two (2) times per year or as mutually agreed to discuss the following:
1. Class Size as at October 31.
2. Board Staffing Plan and Surplus/Redundancy issues for the following school year by June 7.
3. Additional meetings upon request by either party.
The Staffing Committee shall develop a policy to govern the working conditions for teachers with Board or Region-wide assignments. This policy will be reviewed annually.

12.02 Information shall be shared about staffing allocation procedures, and consideration given to any operational concerns with the interpretation or application of the surplus, transfer or redundancy provisions. The Committee shall review the communications procedures expected at the school level with the School Principal and staff to ensure an equitable assignment of supervision time, instructional time, and travel time as required.

General Terms of Reference

To consult with the Union.
To receive recommendations from the Union regarding Board staffing plans and matters related to the Board staffing plan.

12.03 The total number of teachers hired by the Board shall be sufficient to meet the class size and work load provisions of the Collective Agreement.

12.04 Special Education teachers shall be assigned according to Ministry of Education and Training guidelines.

12.05 Class Size

(a)

The actual class size average for the Board shall not exceed twenty four point five (24.5) students per class as calculated by the Ministry of Education and Training.
The guideline for the initial September school organization shall be made according to the following limits and shall be verified on October 31 each year.

JK – SK 24

1 – 3 29

4 – 6 31

7 – 8 34

(b) Enrolment as at October 31 for split grades shall be made according to the following limits:

JK – SK 23

1 – 3 28

4 – 6 30

7 – 8 33

(c) To accommodate for an influx of students, the limits as outlined in (a) (ii) and (b) may be exceeded by two students in up to twelve (12) classes.

Article 13 - Grievance / Arbitration Procedures

13.01 Definition of Grievance

Grievance shall be defined as any matter arising from the interpretation, application, administration, or alleged violation of this Agreement, including any question as to whether a matter is arbitrable.

13.02 A teacher shall have the right to be represented by the bargaining agent during any stage of the grievance/arbitration procedure.

13.03 Complaint Stage

The Union may, within twenty (20) days of becoming reasonably aware of an occurrence giving rise to a complaint, initiate a written complaint, citing the relevant Collective Agreement article, with the principal or immediate supervisor who shall answer the complaint in writing five (5) days after receipt of the complaint.

13.04 Grievance Procedure – Individual

In the case of a grievance by the Union on behalf of one of its teachers, the following steps shall be taken in sequence where informal attempts to resolve the matter with the immediate supervisor have failed.

Step 1

If the reply of the Principal or immediate supervisor at the complaint Stage is not acceptable to the Union, the Union shall initiate a written grievance within twenty (20) days to the Human Resources Superintendent or designate, who shall answer the grievance in writing within ten (10) days after receipt of the grievance.

13.05

A copy of the written grievance shall be sent to the Director of Education or designate.
The written grievance shall contain:
1. a description of how the alleged dispute is in violation of the agreement; and
2. the clauses in the agreement alleged to be violated; and
3. the relief sought; and
4. the signature of the duly authorized official of the Union.

13.06 Step 2

If the reply of the Human Resources Superintendent or designate is unacceptable to the Union, it shall, within ten (10) days of the receipt of the reply, so notify the Director of Education or designate. Within five (5) school days of receipt of the grievance, a meeting will be held with the Director of Education or designate. The Director of Education shall, after consultation with the Board, answer the grievance in writing within five (5) days after the next meeting of the Board.

13.07 3

If the reply of the Director of Education or designate is unacceptable to the Union, it shall then apply for arbitration within ten (10) days of the receipt of the reply.

13.08 Where a teacher has received a termination notice, the Union, on behalf of the teacher, may file a grievance at Step 3 within ten (10) school days of written notice of termination.

13.09 Policy Grievance

The Union and the Board shall have the right to file a grievance based on a dispute arising out of the application, administration, interpretation or alleged violation of this collective agreement. A policy grievance shall be presented at Step 2 to the Union or the Director of Education.

13.10 Grievance Mediation

At any stage in the grievance procedure, the parties, by mutual consent in writing, may elect to resolve the grievance by requesting the appointment of a Settlement Officer, in accordance with Section 48.5 of the Ontario Labour Relations Act, 1995.
The timelines outlined in the grievance procedure shall be frozen at the time the Parties mutually agreed in writing to request a Settlement Officer.
Upon written notification of either Party to the other Party indicating that the Party no longer agrees to the use of a Settlement Officer, the timelines in the grievance procedure shall continue from the point at which they were frozen.

13.11 Arbitration

In the event of a Union or Board request for expedited arbitration to the Ontario Labour Relations Board, the arbitration meeting shall occur according to the procedures defined in the Ontario Labour Relations Act.

13.12 Powers of the Board of Arbitration

An Arbitrator or an Arbitration Board, as the case may be, has the powers of an arbitrator or arbitration board under the Labour Relations Act and, in addition, has the power:

to extend the time for the taking of any step in the grievance or arbitration procedures, including the submission to arbitration, notwithstanding the expiration of such time where, in its discretion, considers it proper to do so;
to grant such interim order, including interim relief, as the arbitrator or arbitration board considers proper, including interim reinstatement; and
to enforce a written settlement of a grievance.

13.13 There shall be no reprisals of any kind taken against any person(s) because of participation in the grievance or arbitration procedure under this Agreement.

13.14 Should the investigation or processing up to the hearing of a grievance require that the grievor(s) or Union representative(s) or witnesses be released from the teacher’s regular duties, the teacher shall be released without reduction in salary, allowances, benefits, increment, experience, or cumulative sick leave credits. Hearings shall be scheduled at a convenient time for all Parties.

13.15 The Union shall pay for the cost of any occasional replacement(s) if necessary.

13.16 Each Party shall bear the fee and/or expense of its appointee to the Arbitration Board and any fees and/or expenses of the chairperson shall be borne equally by the Parties.

13.17 Each Party shall bear its own expenses respecting appearances at hearings of the Arbitration Board. The Union shall pay for the cost of any occasional replacement(s) if necessary.

13.18 Each Party shall bear at its own expense the cost of counsel or advisors at each step of the grievance procedure.

13.19 Time restrictions may be extended, if mutually agreed, in writing. Failure of one party to comply with the time limits or any agreed upon extension shall result in the grievance proceeding to the next step.

13.20 The time limits stipulated in 13.04 for initiating a grievance shall not apply to a grievance involving remuneration during the current school year or the previous school year. Such grievance may be initiated at any time up until and including August 31 during the current school year.

13.21 No person may be appointed as an Arbitrator or member of an Arbitration Board who has been involved in an attempt to negotiate or settle the grievance.

13.22 Nothing in this procedure shall be deemed to preclude the individual’s right to seek redress in law.

Article 14 - Medical Procedures

Article 15 - Occupational Health and Safety

Article 16 - Harassment

Article 17 - Benefits

Benefits are covered in the Central Agreement Terms, ARTICLE C5.00.

17.01 The full amount of the Employment Insurance rebate shall be transferred by the Board to the Local by March 15 of each year. An accounting of the determination of the Employment Insurance rebate shall be forwarded by the Board to the Local by March 15 of each year.

17.02 Long Term Disability Insurance

100% of the long term disability insurance premium shall be paid by the teacher. Membership in the plan shall be a condition of employment.
The Board will assume the cost of administering a Long Term Disability Plan. The Board is not the policy holder of the Long Term Disability contract nor will the Board be liable should a claim for long term disability be denied.
The Board agrees to deduct and forward premiums to the carrier and to perform administrative functions as required. The Board is not responsible for collecting premiums for employees on leave.

17.03 Workplace Safety Insurance

A teacher who is eligible for and receives approval of a claim by the Workplace Safety and Insurance Board (WSIB) of Ontario and who has approval for Loss of Income shall be reported as “Injury” on the date of the injury and on “WSIB” for the balance of the Loss period and shall receive 100% of their pay without deduction from sick leave.

If the teacher is receiving payment from WSIB directly, the teacher shall remit the payment received from WSIB to the Board and shall receive the teacher’s total salary.

The WSIB top-up amount will be paid up to a maximum of four (4) years and six (6) months. Employees who were receiving WSIB top-up on September 1, 2012 shall have the cap of 4 years and 6 months reduced by the length of time for which the employee received WSIB top-up prior to September 1, 2012.

17.04 Suitable Alternative Employment

The Board and the Local shall agree on policies and procedures for providing teachers who have been injured or disabled, including teachers who have been in receipt of Workplace Safety and Insurance benefits, with suitable alternative employment where they are unable to carry out the normal duties of their previous assignment.

Article 18 - Sick Leave

Sick leave provisions are covered under the Central Agreement, ARTICLE C6.00, and Letter of Agreement #1.

18.01 When a teacher is absent from duty for reasons of illness for a period of three (3) consecutive days or more, the teacher may be required to submit a certificate from a qualified medical practitioner certifying the inability of the teacher to attend to their duties.

Notwithstanding the above, the Board may, in its sole discretion require any teacher to submit a certificate for a period of absence less than three (3) days.

18.02 Teacher returning from long term illness shall be encouraged to return at the beginning of a term or school year. Teachers returning to work from LTD or any extended period of sick leave must submit a certificate from a qualified medical practitioner certifying the teacher’s ability to return to teaching duties. Teachers returning from long term illness shall return to their original schools.

18.03 The 11-day sick leave accrual plan will be provided bi-weekly on their statement of earnings.

Article 19 - Leaves of Absence Without Pay

19.01 A teacher may be granted a leave of absence without pay.

19.02 A request for a leave of absence shall not be unreasonably denied.

19.03 Changes in the terms of a leave of absence under this Article may be made only by mutual consent of the teacher and the Board, must be in writing, and must conform with the requirements of this collective agreement. The principal concerned shall be provided with a copy thereof.

19.04 Leave for Public Office

The Board shall grant a leave of absence without pay to a teacher for the purpose of campaigning for or serving as a member of the Legislative Assembly of Ontario, the House of Commons, or the local council of a municipality, provided the leave does not disrupt school program. The teacher shall continue to accumulate seniority for the period of the leave.

19.05 Return from Leave

Any teacher who goes on a Leave of Absence for two (2) years or less shall remain on the school staff organization of the teacher’s previous school, subject to the spring staffing process, including surplus and redundancy.

Any teacher who goes on a leave which is extended beyond two (2) years shall not remain on the school staff of their previous school, but shall return to the system through the voluntary transfer process.

Article 20 - Short-Term Paid Leaves of Absence

20.01 A teacher shall be granted a leave of absence with pay and no loss of sick leave credits in respect of absence occasioned by one or another of the circumstances provided hereunder and, when applicable, for the time limit set forth. During the leave a teacher shall continue to accumulate credit for seniority and teaching experience and any other relevant entitlements under this collective agreement.

20.02 Attendance at Court or Tribunal

A teacher shall be granted a leave of absence from duty by reason of a summons to serve as a juror, or a subpoena as a witness in any proceedings to which the teacher is not a party or one of the persons charged, provided that the teacher pays to the Board any fee, exclusive of travelling allowances and living expenses that the teacher receives as a juror or witness.

20.03 Quarantine

A teacher shall be granted a leave of absence as a result of being quarantined or otherwise prevented by order of the Medical Officer of Health from attending to the teacher’s duties.

20.04 Bereavement

Leave of absence for up to five (5) days, for a death in the family or for a person who stands in the place of a family member.

Additional leave for up to two (2) days may be granted by the Director of Education or designate if required.

20.05 Compassionate Leave

All teachers may be granted up to five (5) days per annum to attend in case of illness of a family member or a person who stands in the place of a family member. The Superintendent of Human Resources shall be responsible for the approval of compassionate leave.

20.06 Personal Leave

Leaves of absence for up to two (2) days shall be granted per school year for the purpose of attending to an important personal matter. The scheduling of the personal leave day shall be approved by the Principal. Requests will not be unreasonably denied.

20.07 Inclement Weather

When weather conditions make it impossible for a teacher to reach the teacher’s workplace, as per Board policy 2.1.5 - Inclement Weather and Board Inclement Weather Procedures, there will be no pay deductions or loss of other entitlements under this collective agreement.

20.08 Parenting Leave

Two days (2) per year shall be granted with pay for attending the birth of a child or the adoption of a child for whom the teacher has a parenting responsibility.

Article 21 - Pregnancy / Parental Leave

Provisions for both Pregnancy Leave and SEB Plans are covered under the Central Agreement, ARTICLE C10.2 in Part A of this collective agreement.

21.01 The Board shall adhere to all clauses of the Employment Standards Act in the granting of pregnancy and parental leave. The Board shall grant to a teacher, irrespective of the teacher’s length of employment, a pregnancy leave of at least seventeen (17) weeks and a parental leave of at least thirty-five (35) weeks or such shorter leave as the teacher requests. Additional unpaid leave shall be granted in accordance with Article 19.01.

21.02 SEB PLAN

Refer to ARTICLE C10.2 in Part A of this collective agreement.

21.03 Benefits

The Board shall continue to pay its share of the premiums for insured benefit plans under Article 17 for teachers during pregnancy and parental leaves. Seniority, teaching experience and sick leave credits and any other relevant collective agreement entitlements shall continue to accumulate during such leave.

21.04 Pregnancy Related Illness

A teacher who suffers a pregnancy-related illness or disability shall be entitled to use paid sick leave during the period of illness or disability, and will not be required to use pregnancy or parental leave or SEB benefits unless she so elects.

21.05 Hospitalization of Newborn

A teacher who has recovered from delivery but whose child is hospitalized may interrupt her pregnancy leave by returning to work without the loss of her right to resume the leave.

21.06 Early Return

A teacher may terminate a pregnancy or parental leave and return to work upon providing the Board with one (1) week’s written notice.

21.07 Return to Position

A teacher returning from a pregnancy leave or parental leave shall have the right to be assigned to the same school from which the leave originated subject to the spring staffing process, including surplus and redundancy.

21.08 Adoption Leave

All entitlements under Parental Leave shall apply to adoption leave. Such leave refers to the coming of a child into custody, care and control of the parent for the first time. A teacher whose child comes into their custody, care and control sooner than expected, may commence leave immediately. The teacher shall provide written notice of the leave within two (2) weeks after the teacher has begun the leave.

Article 22 - Child Care Leave

Article 23 - Family Medical Leave

23.01 The Board, upon notification from the Teacher, shall grant an unpaid Family Medical Leave under the Employment Standards Act, 2000 for up to eight (8) weeks in duration. The Teacher shall provide written notification as soon as possible. The Teacher shall provide a certificate from a qualified health practitioner stating that a family member (as defined in the Employment Standards Act, 2000) has a serious medical condition with a significant risk of death occurring within a period of twenty-six (26) weeks.

If two (2) or more employees wish to share a leave to care for the same family member, the written notice will be accompanied by an agreed statement of how the eight (8) weeks of leave will be shared.

A Teacher on Family Medical Leave shall continue to accrue credit for seniority and grid experience. The Teacher will continue to make contributions to the pension plan for the period of the leave, unless the Teacher elects, in writing, not to make contributions.

The Board shall continue to pay its portion of the costs of the Teacher’s benefit coverage according to this Collective Agreement.

The Board shall provide employees with a Record of Employment so that the employee may apply for Employment Insurance compassionate care benefits.

The duration of the Family Medical Leave is as defined in the Employment Standards Amendment Act (Family Medical Leave), 2000.

A Teacher returning from Family Medical leave to active employment shall be reinstated to the position which the Teacher held prior to the leave. Notwithstanding this provision, the Teacher’s return to active employment is subject to Article 6 – Transfers, Surplus, Redundancy, Recall Options.

Article 24 - Sabbatical Leave

24.01 At the discretion of the Board, a Sabbatical Leave may be granted for a period of one (1) school year, or such shorter period as the teacher requests, to a teacher who has been employed by the Board for at least three (3) school years, the last two (2) of which were consecutive and immediately preceding the leave.

24.02 Except in the event of unforeseen and exceptional circumstances, the request for sabbatical leave shall be made in writing to the Board no later than February 1 prior to the school year in which the leave is to commence and such a request shall include details of the activities of the proposed leave.

24.03 The purpose of a sabbatical leave shall be travel, study, research, involvement in a project approved by the Board, or a combination of the foregoing.

24.04 The Board shall notify the applicant of its decision no later than March 1 and, if the sabbatical leave is refused, shall state the reasons upon which the Board’s decision was based.

24.05 During a sabbatical leave, a teacher shall receive 75% of the salary plus allowances the teacher otherwise would have received in the school year in which the leave is taken.

24.06 All provisions of this collective agreement shall apply during a sabbatical leave. Without limiting the generality of the foregoing, teaching experience and seniority shall continue to accumulate.

24.07 Any teacher returning from a sabbatical leave has the right to be reassigned to the same position held prior to the leave or an equivalent position in the same school subject to the lay-off procedures in Article 6.

24.08 A teacher shall agree in writing to remain employed by the Board for a period equal to the period of the leave following the termination of the leave provided there is work available the teacher is qualified to perform.

24.09 Upon completion of a sabbatical leave a teacher shall submit to the Board a written report respecting the activities of the leave.

Article 25 - Deferred Salary Leave Plan

25.01 The DSLP shall afford a teacher the opportunity to take a one (1) year or a half (0.5) year leave of absence financed through the deferral of salary. It is understood that any such leaves commence or finish on one of the following days: the first day of the school year or the first day of the second reporting period. Teachers participating in the DSLP will be responsible to complete the first term report card prior to the commencement of the leave.

25.02 Any teacher with at least two (2) years of service is eligible to participate in the DSLP.

25.03 A teacher shall make written application to the Board on or before March 1 of the school year prior to that in which the deferral leave plan is to commence, requesting approval for participation in the DSLP, and specifying salary deferral desired.

25.04 Written acceptance, denial, or suggested modifications of the request, with explanation, shall be forwarded to the teacher on or before May 15 of the school year in which the request is made.

25.05 The DSLP shall be from two (2) to seven (7) years’ length including the year of leave. The leave shall be taken in the last year of the plan.

25.06 Payment Formula and Retention of Deferred Salary:

In each year of the DSLP preceding the year of leave, a teacher shall be paid a reduced percentage of salary.
The remaining percentage of annual salary (maximum 33 1/3 of salary) shall be placed in an individual trust account in an investment plan mutually agreeable to the teacher and the Board, in accordance with the Trustee Act.
The interest earned annually shall be kept separate from the deferred salary and reported in the year earned in accordance with the requirements of Revenue Canada. The teacher shall receive twice-yearly statements showing the total deferred salary plus accumulated interest.
The deferred salary shall be paid to the teacher in the year of leave, in the same manner as teacher’s salary would be or in a manner mutually agreeable to the teacher and the Board. Interest accrued prior to the leave shall be paid in a lump sum.
Interest accrued during the year of leave shall be paid to the teacher in the year it is earned. Monies will be invested in the highest yielding account in accordance with the Trustee Act.

25.07 During the period prior to the leave, the teacher shall be entitled to the same benefits, allowances, vacation, sick leave, teaching experience credit and seniority as when not enrolled in the plan.

25.08 During the period of the leave, seniority and teaching experience credit will continue to accrue. Long term disability coverage shall be based on the salary the teacher would have received had there not been a leave. Allowances shall not be paid and sick leave shall not be credited to the teacher’s account during the year of leave. Teachers may participate, to the extent allowed by the plan, in all benefit plans including LTD upon payment of premiums by the teacher.

25.09 On return from leave, the teacher shall return to the same or a comparable position held prior to the leave.

25.10 Withdrawal

A teacher may withdraw from the DSLP anytime up to March 1 of the school year prior to that in which the leave is to be taken.

Upon withdrawal from the DSLP, the teacher shall be paid the total amount of salary deferred plus interest accrued at the date of withdrawal in a lump sum within thirty (30) days of withdrawal or in a manner mutually satisfactory to the teacher and the Board.

25.11 Should a member die while participating in the DSLP, the total salary deferred plus interest accrued at the time of death shall be paid to a designated beneficiary or the estate.

25.12 The Deferred Salary Leave Plan shall be subject to the Regulations under the Income Tax Act.

Article 26 - Union Release Time / Leave

26.01 At the request of the Local, the Board shall grant release time to up to three (3) teachers named by the Union. Reimbursement for one (1) release time teacher shall be paid by the Local at the salary rate of a Category A2, year 0, teacher plus benefit costs. Reimbursement for additional release time will be at actual salary plus benefit costs. Further daily release time for additional purposes as required by the Local will be reimbursed by the Local at the occasional teacher rate to a maximum limit of 90 days per school year. Requests for additional Federation leave days in excess of 90 days shall be considered by the Board.

26.02 The persons named shall be treated for all purposes, including but not limited to the payment of salary, allowances and benefits, and the accumulation of seniority, sick leave and teaching experience, as if working at their normal assignment.

26.03 The Board shall grant a leave of absence to a teacher who holds an office requiring full-time duty at the provincial level, provided that the Union reimburses the Board for the cost of the teacher’s total salary and other benefits. The teacher shall continue to accumulate seniority and teaching experience during the period of leave. It is understood WSIB coverage will be provided by ETFO.

26.04 A teacher returning from a Local leave has the right to be reassigned to the same position held prior to going on leave, subject to the spring staffing process, including surplus and redundancy.

Article 27 - Retirement Gratuity

Article 28 - Movement Between Panels

28.01 No secondary teacher shall be given a position in the elementary schools under this Board if there is an elementary teacher currently employed by this Board wh28o is qualified and who is willing to accept this position. Nothing in the preceding shall prevent a teacher, after consultation with the Principals, and the approval of the Director and Board, from accepting a position in another panel with District School Board Ontario North East. Such a teacher shall continue to accumulate seniority in the elementary panel for up to a maximum of two (2) years. After two (2) years, the teacher forfeits the right to return to the bargaining unit. A teacher who decides to return to the elementary panel within the two years must do so at the beginning of a school year.

Article 29 - Part-Time Assignments

29.01 Definition of Teacher on Part-Time Assignment

A teacher on part-time assignment is a teacher employed on a regular basis for other than full-time duty.

29.02 Part-Time to Full-Time

A teacher with a part-time assignment who, prior to March 31, requests a full-time assignment commencing the following school year, will be treated as a full-time teacher for purposes of staffing, and be given a full-time assignment, subject to the surplus and lay-off procedures in Article 6.

29.03 Part-Time Leave

A teacher with a full-time assignment who, prior to March 31, requests a part- time leave commencing the following school year shall have the request granted, providing the Board can find a suitable replacement.
A teacher who requests and is granted a part-time leave for a specified period will return to a full-time assignment at the end of the leave period.
A teacher may apply prior to March 31 for an extension of the teacher’s part- time leave and such extension shall be granted, providing the Board can find a suitable replacement.
On return to a full-time assignment, the teacher has the right to continue to be a member of the staff of the school in which the teacher had a part-time assignment, subject to the lay-off procedures in Article 6.

29.04 Salary and Allowances

A teacher on part-time assignment shall be paid according to the salary schedule and allowances in this collective agreement, pro-rated.

29.05 Scheduling of Assignments

In assigning duties to a teacher on part-time assignment, the Board shall schedule assignments consecutively during the part of the working day during which the teacher has agreed to teach. The Board may schedule assignments non- consecutively only with the consent of the teacher. A teacher on part time assignment shall be assigned supervisory duties pro-rated within the scheduled working day.

Article 30 - Changes in Organization and Methods

30.01 Advance Notice of Planned Changes

Prior to the introduction or implementation of any planned changes in organization including the reorganization of schools and classrooms, changes in methods of school operation, or changes in teaching methods affecting the teacher, the Board shall, by written notice, advise the Local of the planned change or changes as soon as possible. Such prior notice shall contain full and relevant information respecting:

The nature and the degree of the change or changes.
The date or dates on which the Board plans to effect the change or changes.
The location or locations involved.

30.02 Change in Teaching Assignment during the School Year

For a teacher who remains in the same school but whose teaching assignment is changed within a school year, with respect to a class reassignment, the Board will endeavour to give ample written notice of such change.

The teacher shall be given one (1) day of additional paid preparation time prior to the commencement of the new assignment.

Article 31 - Strikes and Lockouts

31.01 The Board agrees that there shall be no lockout of teachers and the Union agrees that there shall be no strike during the term of this agreement. Lockout and strike shall be as defined in the Labour Relations Act.

31.02 Strike by Other Board Employees

No teacher shall be requested or required to perform the duties of any other teacher or employee of the Board who is engaged in a strike.

Article 32 - Union Representative

32.01 The Local shall notify the Board in writing of the names of persons elected to office in the Local and of persons authorized by the Local to represent teachers in a particular school or workplace on behalf of the Local (Workplace Steward).

32.02 Union Access

The Board shall provide the Local with access to the Board’s internal mail (including fax and electronic mail) services in order to conduct Union business. If extra costs are incurred, the Local shall reimburse the Board.

32.03 The Board shall provide the Workplace Steward access to a bulletin board in each workplace for the posting of Union business and information for the Union membership.

32.04 The Board shall provide teachers in every school or workplace with a suitable meeting room on request, free of charge, provided this does not interrupt the instructional program and does not increase plant costs, and shall provide meeting space, where available, to the general membership of the Local, free of charge, on request.

32.05 The Local shall have access to its members for Local business at all schools and workplaces provided that this does not unreasonably interrupt the instructional program. Local officials are expected to report to the main office.

Article 33 - Professional Learning Partnership

Article 34 - Terms of Agreement

Duration and Renewal

34.01 The Collective Agreement becomes effective upon ratification by both parties and shall remain in effect from September 1, 2022 to August 31, 2026 in accordance to section 3.2 from the Central Agreement.

34.02 Any amendment to or variation in procedures specifically set out in the terms of this Collective Agreement shall be in writing and by mutual consent of the Board and the Union.

34.03 Notwithstanding the period of notice stipulated in Section 59 of the Labour Relations Act, notice to bargain will be made in accordance to section 3.6 from the Central Agreement.

Article 35 - Principal or Vice-Principal

Article 36 - Criminal Background Checks

Letter of Agreement

Appendix