ETFO Teachers - Central Terms

C1.1 Separate Central and Local Terms

The collective agreement shall consist of two parts. Part “A” shall comprise those terms which are central terms. Part “B” shall comprise those terms which are central and local terms. For clarity there shall be one single collective agreement for Teachers and one single collective agreement for Occasional Teachers.

C1.2 Implementation

Part “A” may include provisions respecting the implementation of central terms by the School Board and, where applicable, the bargaining agent. Any such provision shall be binding on the School Board and, where applicable, the bargaining agent. Should a provision in the Central Agreement conflict with a provision in the Local Agreement, the provision in the Central Agreement, Central Term will apply. 

C1.3 Parties

1. The Parties to the collective agreement are the School Board and the employee bargaining agent.
2. Central collective bargaining shall be conducted by the central Employer and employee bargaining agencies representing the local Parties.

C1.4 Single Collective Agreement

Central terms and local terms shall together constitute a single collective agreement.

C2.1 Unless otherwise specified, the following definitions shall apply only with respect to their usage in standard central terms. Where the same word is used in Part B of this collective agreement, the definition in that part, or any existing local interpretation shall prevail.

C2.2 The “Central Parties” shall be defined as the Employer bargaining agency, the Ontario Public School Boards’ Association (OPSBA) and the employee bargaining agent, the Elementary Teachers’ Federation of Ontario (ETFO) (each being a “Central Party”).

C2.3 “Teacher” shall be defined as a permanent Teacher and specifically excludes Continuing Education Teachers, Long Term Occasional Teachers and Daily Occasional Teachers, unless otherwise specified.

C2.4 “Employee” shall be defined as per the Employment Standards Act. 

C2.5 “Professional Judgement” shall be defined as judgement that is informed by professional knowledge of curriculum expectations, context, evidence of learning, methods of instruction and assessment, and the criteria and standards that indicate success in student learning. In professional practice, judgement involves a purposeful and systematic thinking process that evolves in terms of accuracy and insight with ongoing reflection and self-correction.

C3.1 Single Collective Agreement

The central and local terms of this collective agreement shall constitute a single collective agreement for all purposes.

C3.2 Term of Agreement

In accordance with Section 41(1) of the School Boards Collective Bargaining Act, 2014, as amended, the term of this collective agreement, including central terms and local terms, shall be for a period of four (4) years from September 1, 2022 to August 31, 2026 inclusive.

C3.3 Where Term Less Than Agreement Term

Where a provision of this collective agreement so provides, the provision shall be in effect for a term less than the term of the collective agreement.

C3.4 Term of Letters of Understanding

All central letters of understanding appended to this agreement, or entered into after the execution of this agreement shall, unless otherwise stated therein, form part of the collective agreement, run concurrently with it, and have the same termination date as the agreement.

C3.5 Amendment of Terms

In accordance with Section 42 of the School Boards Collective Bargaining Act, 2014, as amended, the central terms of this agreement, excepting term, may be amended at any time during the life of the agreement upon mutual consent of the Central Parties and agreement of the Crown.

C3.6 Notice to Bargain

1. Where central bargaining is required under the School Boards Collective Bargaining Act, 2014, as amended notice to bargain centrally shall be in accordance with Sections 31 and 28 of that Act, and with Section 59 of the Labour Relations Act. For greater clarity:
2. Notice to commence bargaining shall be given by a central party:
   1.  within 90 (ninety) days of the expiry of the collective agreement; or
   2.  within such greater period agreed upon by the Parties; or
   3. within any greater period set by regulation by the Minister of Education.
3. Notice to bargain centrally constitutes notice to bargain locally.

The following process applies exclusively to grievances on central matters that have been referred to the central process. In accordance with the School Boards Collective Bargaining Act, 2014, as amended, central matters may also be grieved locally, in which case local grievance processes will apply.

C4.1 Definitions

1. A “grievance” shall be defined as any difference relating to the interpretation, application, administration, or alleged violation or arbitrability of an item concerning any central term of a collective agreement.
2. The “Local Parties” shall be defined as the Board or the local ETFO bargaining unit party to a collective agreement.
3. For the purpose of the Central Grievance Process only “days” shall mean school days.

C4.2 Central Dispute Resolution Committee

1. There shall be established a Central Dispute Resolution Committee (CDRC), which shall be composed of two (2) representatives from each of the Central Parties and two (2) representatives from the Crown.
2. The Committee shall meet within five (5) working days at the request of one of the Central Parties. 
3. The Central Parties shall each have the following rights:
   1.  To file a dispute as a grievance with the Committee.
   2.  To engage in settlement discussions. 
   3.  To mutually settle a grievance in accordance with d)i. below.
   4.  To withdraw a grievance.
   5.  To mutually agree to refer a grievance to the local grievance procedure.
   6.  To mutually agree to voluntary mediation.
   7. To refer a grievance to final and binding arbitration at any time.
4. The Crown shall have the following rights: 
   1.  To give or withhold approval to any settlement by OPSBA.
   2.  To participate in voluntary mediation.
   3.   To intervene in any matter referred to arbitration.
5. Only a central party may file a grievance and refer it to the Committee for discussion and review. No grievance can be referred to arbitration without three (3) days prior notice to the Committee.
6. It shall be the responsibility of each central party to inform their respective local Parties of the Committee’s disposition of the dispute at each step in the central dispute resolution process including mediation and arbitration, and to direct them accordingly. 
7. Each of the Central Parties shall be responsible for their own costs for the central dispute resolution process. 

C4.3 The grievance shall specify:

1. Any central provision of the collective agreement alleged to have been violated.
2. The provision of any statute, regulation, policy, guideline, or directive at issue. 
3. A detailed statement of any relevant facts.
4. The remedy requested.
5. A grievance under this provision is not invalidated as a result of a technical deficiency under C4.3 a) b) c) or d), above. 

C4.4 Referral to the Committee

1. Prior to referral to the Committee, the matter shall be brought to the attention of the other local party.
2. A central party shall refer the grievance to the CDRC by written notice to the other central party, with a copy to the Crown, but in no case later than forty (40) days after becoming aware of the dispute.
3. The Committee shall complete its review within ten (10) days of the grievance being filed.
4. If the grievance is not settled, withdrawn, or referred to the local grievance procedure by the Committee, the central party who has filed the grievance may, within a further ten (10) days, refer the grievance to arbitration. 
5. All timelines may be extended by mutual consent of the Central Parties.

C4.5 Mediation

1. The Central Parties may, on mutual agreement, request the assistance of a mediator. 
2. Where the Central Parties have agreed to mediation, the remuneration and expenses of the person selected as mediator shall be shared equally between the Central Parties.
3. Timelines shall be suspended for the period of mediation.

C4.6 Arbitration

1. Arbitration shall be by a single arbitrator.
2. The Central Parties shall select a mutually agreed upon arbitrator.
3. Where the Central Parties are unable to agree upon an arbitrator within thirty (30) days of referral to arbitration, either central party may request that the Minister of Labour appoint an arbitrator.
4. The Central Parties may refer multiple grievances to a single arbitrator.
5. The remuneration and expenses of the arbitrator shall be shared equally between the Central Parties.

The Parties have agreed to participate in the Elementary Teachers’ Federation of Ontario Employee Life and Health Trust established October 6, 2016 (“ETFO ELHT”). The date on which School Boards and the bargaining units commenced participation in the ETFO ELHT shall be referred to herein as the “Participation Date”. 

C5.1 ELHT Benefits

The Parties agree that since all active eligible employees have now transitioned to the ETFO ELHT all references to existing life, health and dental benefits plans in the applicable local collective agreement for active eligible employees shall be removed from that local agreement. 

Post Participation Date, the following shall apply: 

C5.2 Eligibility and Coverage 

1. The ETFO ELHT will maintain eligibility for ETFO represented employees who currently have benefits and any newly hired eligible employee covered by the local terms of the collective agreement (“ETFO represented employees”).
2. With the consent of the Central Parties, the ETFO ELHT is also permitted to provide coverage to other active employee groups in the education sector with the consent of their bargaining agents and Employer or, for non-union groups, in accordance with an agreement between the trustees and the applicable board. An eligible Employer is one with employees in the publicly funded elementary and secondary education sector in Ontario.
3. Retirees who were previously represented by ETFO, and who were, and still are, members of a board benefit plan as at the Participation Date are eligible to receive benefits through the ETFO ELHT with funding based on prior arrangements. 
4. No individuals who retire after the Participation Date are eligible.
5. Eligibility is limited to long-term occasional and permanent Teachers.

C5.3 Funding

1. All funding in section c) shall be subject to the following conditions: 
   1. No net plan or administrative enhancements shall be made to the ETFO Benefits Plan over the term of the collective agreement.  The ETFO ELHT trustees shall provide the sponsoring parties information and the cost of all plan changes and administrative changes at the ELHT’s expense, within 30 days after their decision to make the change. 
   2. Should net plan or administrative enhancements be made, funding outlined in section c) shall be reversed for that year beginning in the month that the enhancement was effective and frozen at that level for the remainder of the collective agreement.  
   3. Should these net plan or administrative enhancements be reversed, funding shall be reinstated at the levels outlined in section c) beginning in the month that the plan enhancement was reversed. 
2. Effective September 1, 2022, the funding rate shall be set to $6,174 per FTE.
   
   
3. The funding rate shall be increased for inflation as follows on the following dates: 

                                          i.         September 1, 2022: 1% ($6,235.74)

                                         ii.         September 1, 2023: 1% ($6,298.10)

                                        iii.         September 1, 2024: 1% ($6,361.08)

                                        iv.         September 1, 2025: 1% ($6,424.69)

                                          v.         August 31, 2026: 4% ($6,681.68)

C5.4 Full-Time Equivalent (FTE) and Employer Contributions

1. The FTE used to determine the board’s benefits contributions shall be based on the estimated average FTE reported by the boards in the staffing schedule by Employee/Bargaining group as of October 31^st and March 31^st. 
2. Monthly amounts paid by the boards to the ETFO ELHT’s administrator based on estimates FTE shall be reconciled by the Crown to the actual average FTE reported by the boards in the staffing schedule by Employee/Bargaining group for each school year ending August 31. If the reconciliation of FTE results in any identified differences in funding, those funds shall be remitted to or recovered from the ETFO ELHT in a lump sum upon collection from the ETFO ELHT administrator, but no later than 240 days after the School Boards’ submission of final October FTE and March FTE counts.
3. In the case of a dispute regarding the FTE used to determine the boards’ benefits contributions to the ETFO ELHT, the dispute shall be resolved between the board and the local union represented by ETFO. 
4. For the purposes of section 7.3(b) of the ETFO ELHT Agreement and Declaration of Trust, the parties agree that the Trustees shall use the following calculation to determine the amount that ETFO will reimburse the school board for benefits contributions made by a school board to the ETFO ELHT during a period of strike or lock-out resulting in ETFO teachers withdrawing their full services:
   1. the per FTE funding in effect during the period of strike or lockout multiplied by the estimated average ETFO FTE reported by the school board in the staffing schedule by Employee/Bargaining group as of October 31^st and March 31^st for the school year impacted by the strike or lock-out;
   2. Divide i) by 194 days; 
   3. Multiply ii) by the number of strike or lockout days for ETFO teachers at the school board.

C5.5 Benefits Committee

A benefits committee comprised of equal representation from ETFO, OPSBA, the Crown, and ETFO ELHT shall convene upon request to address all matters that may arise in the operation of the ETFO ELHT.

C5.6 Privacy 

The Parties agree to inform the ETFO ELHT administrator, that in accordance with applicable privacy legislation, it shall limit the collection, use and disclosure of personal information to information that is necessary for the purpose of providing benefits administration services. The ETFO ELHT benefits plan administrator’s policy shall be based on the Personal Information Protection and Electronic Documents Act (PIPEDA). 

C5.7 Benefits not provided by the ETFO ELHT

1. Any further cost sharing or funding arrangements regarding the EI rebate as per previous local collective agreements in effect as of August 31, 2014 shall remain status quo.
2. Where employee life, health and dental benefits coverage was previously provided by the boards for daily Occasional Teachers as term of the local collective agreement in effect as of August 31, 2014, the boards shall continue to make a plan available with the same funding arrangement. 

C5.8 Payment in Lieu of Benefits 

1. All employees not transferred to the ETFO ELHT who received pay in lieu of benefits under a collective agreement in effect as of August 31, 2014, shall continue to receive a payment in lieu of benefits. 
2. New hires after the Participation Date who are eligible for benefits from the ETFO ELHT are not eligible for pay in lieu of benefits.

C5.9 Long Term Disability (Employee-Paid Plans) 

1. All permanent Teachers, including Teachers who are on an approved leave of absence, are eligible and shall participate in the long-term disability plan (LTD Plan) as a condition of employment, subject to the terms of the LTD Plan. 
2. The board shall cooperate in the administration of the LTD Plan. It is understood that administration means that the board will co-operate with the enrolment and deduction of premiums and provide available necessary data to the insurer, upon request. The board will remit premiums collected to the carrier on behalf of the Teachers.
3. Where the plan administrator implements changes in the terms and conditions of the LTD Plan or the selection of an insurance carrier, the board shall, for administrative purposes, be advised of changes at least thirty (30) days prior to the date the changes are to be implemented.

C6.1 Sick Leave/Short Term Leave and Disability Plan 

1. Sick Leave Benefit Plan 
   • The Sick Leave Benefit Plan will provide sick leave days and short term disability days for reasons of personal illness, personal injury, including personal medical appointments and personal dental appointments. Routine medical and dental appointments will be scheduled outside of working hours where possible.
2. Sick Leave Days
   • Subject to paragraphs d)i-vi below, permanent full-time Teachers will be allocated eleven (11) sick days at one hundred percent (100%) salary in each school year. Teachers who are less than full-time shall have their sick leave allocation pro-rated.
3. Short-Term Leave and Disability Plan (STLDP) 
   • Subject to paragraphs d)i-vi below, permanent full-time Teachers will be allocated one hundred and twenty (120) short-term disability days in September of each school year. Teachers who are less than full-time shall have their STLDP allocation pro-rated. Teachers eligible to access STLDP shall receive payment equivalent to ninety percent (90%) of regular salary.
4. Eligibility and Allocation
   • The allocations outlined in paragraphs b) and c) above, will be provided on the first day of each school year, subject to the restrictions outlined in d)i-vi below.
     1. A Teacher is eligible for the full allocation of sick leave and STLDP regardless of start date of employment or date of return to work from any leave other than sick leave, WSIB or LTD.
     2. All allocations of sick leave and STLDP shall be pro-rated based on FTE at the start of the school year. Any changes in FTE during a school year shall result in an adjustment to allocations.
     3. Where a Teacher is accessing sick leave, STLDP, WSIB or LTD in a school year and the absence due to the same illness or injury continues into the following school year, the Teacher will continue to access any unused sick leave days or STLDP days from the previous school year’s allocation. Access to the new allocation provided as per paragraphs b) and c) for a recurrence of the same illness or injury will not be provided to the Teacher until the Teacher has completed eleven (11) consecutive working days at their full FTE without absence due to illness.
     4. Where a Teacher is accessing STLDP, WSIB, or LTD in the current school year as a result of an absence due to the same illness or injury that continued from the previous school year and has returned to work at less than their FTE, the Teacher will continue to access any unused sick leave days or STLDP days from the previous school year’s allocation. In the event that the Teacher exhausts their STLDP allotment and continues to work part-time their salary will be reduced accordingly and a new prorated sick leave and STLDP allocation will be provided. Any absences during the working portion of the day will not result in a loss of salary or further reduction in the previous year’s sick leave allocation, but will instead be deducted from the new allocation once provided. 
     5. A partial sick leave day or short-term disability day will be deducted for an absence of a partial day.
     6. Where a permanent Teacher is not receiving benefits from another source and is working less than their full FTE in the course of a graduated return to work as the Teacher recovers from an illness or injury, the Teacher may use any unused sick/short-term disability allocation remaining, if any, for the Teacher’s FTE that the Teacher is unable to work due to illness or injury. 
5. Short-Term Leave and Disability Plan Top-up 
   1. 1. Teachers accessing STLDP will have access to any unused Sick Leave Days from their last year worked for the purpose of topping up salary to one hundred percent (100%) under the STLDP.
      2. This top-up is calculated as follows:
         1. Eleven (11) days less the number of sick leave days used in the most recent year worked.
      3.  Each top-up from ninety percent (90%) to one hundred percent (100%) requires the corresponding fraction of a day available for top-up. 
      4. In addition to the top-up bank, top-up for compassionate reasons may be considered at the discretion of the board on a case by case basis. The top-up will not exceed two (2) days and is dependent on having two (2) unused Short Term Paid Leave Days in the current year. These days can be used to top-up salary under the STLDP. 
      5.  When Teachers use any part of an STLDP day they may access their top up bank to top up their salary to one hundred percent (100%). 
6. Sick Leave and STLDP Eligibility and Allocation for Teachers in a Long-Term Occasional Assignment
   • Notwithstanding the parameters outlined above, the following shall apply to Teachers in a Long-Term Occasional assignment:
     1. Teachers in a Long-Term Occasional assignment of a full school year will be allocated eleven (11) days of sick leave at 100% of regular salary and one hundred and twenty (120) short-term disability days at the start of the assignment. Teachers who are less than full-time shall have their STLDP allocation pro-rated. Teachers eligible to access STLDP shall receive payment equivalent to ninety percent (90%) of regular salary. 
     2. Teachers in Long Term Occasional assignment of less than a full year, and/or less than full-time, shall have their allocation of sick leave and STLDP prorated on the basis of the number of work days in their Long Term Occasional assignment compared to one hundred and ninety-four (194) days in accordance with the allocation in (i) above. 
     3. Where the length of the Long-Term Occasional assignment is not known in advance, a projected length must be determined at the start of the assignment in order for the appropriate allocation of sick leave/STLDP to occur. If a change is made to the length of the assignment or the FTE, an adjustment will be made to the allocation and applied retroactively. 
     4. A Long-Term Occasional Teacher who works more than one LTO assignment in the same school year may carry forward Sick leave and STLDP from one LTO assignment to the next, provided the assignments occur in the same school year.
7. Administration 
   1. 1. The Parties acknowledge that the board may require medical confirmation of illness or injury to substantiate access to sick leave or STLDP where there is a reasonable basis for concern, notwithstanding any other provision of the collective agreement. Medical confirmation may be required to be provided by the Teacher to access sick leave or STLDP.
          
      2.  The Board may require information to assess whether an employee is able to return to work and perform the essential duties of their position. Where this is required, such information shall include their limitations, restrictions and disability related needs to assess workplace accommodation as necessary (omitting a diagnosis).
         
         
      3.  A board decision to deny access to benefits under sick leave or STLDP will be made on a case-by-case basis and not based solely on a denial of LTD.
         
         
      4. The Employer shall be responsible for any costs related to independent third-party medical assessments required by the Employer.

C7.1OPSBA, the Crown and ETFO agree to establish a joint Central Labour Relations Committee to promote and facilitate communication between rounds of bargaining on issues of joint interest. 

C7.2 The Parties to the Committee shall meet within sixty (60) days of the completion of the current round of negotiations to agree on Terms of Reference for the Committee. 

C7.3 The Committee shall meet as agreed but a minimum of three (3) times in each school year. 

C7.4 The Parties to the Committee agree that any discussion at the Committee will be on a without prejudice and without precedent basis, unless agreed otherwise.

ETFO will be an active participant in the consultation process at the Ministry Initiatives Committee. The Ministry Initiatives Committee shall meet at least quarterly each year to discuss new initiatives, including implications for training and resources. 

If a new or modified policy initiative is not discussed at the Ministry Initiatives Committee in advance of implementation, it will be discussed at the next meeting. Alternatively, the Crown will endeavor to provide an informational briefing to ETFO and OPSBA at another forum prior to the next Ministry Initiatives Committee, which may include other attendees at the discretion of the Crown. 

At the local level School Boards and locals shall meet regarding: 

• The development, implementation and evaluation of new ministry/School Board initiatives;
• The timing of new ministry/School Board initiatives;
• The integration of possible new ministry/School Board initiatives; and
• Training and professional learning requirements.

1. For the purposes of C9.00, the term “Teachers” shall include Occasional Teachers.
2. Teachers shall use their professional judgement as defined in C2.5 above. The Parties agree that a Teacher’s professional judgement is the cornerstone of assessment and evaluation. 
3. Teachers’ professional judgement is further informed by using diagnostic assessment to identify a student’s needs and abilities and the student’s readiness to acquire the knowledge and skills outlined in the curriculum expectations. Information from diagnostic assessments helps Teachers determine where individual students are in their acquisition of knowledge and skills so that instruction is personalized and tailored to the appropriate next steps for learning. The ability to choose the appropriate assessment tool(s), as well as the frequency and timing of their administration allows the Teacher to gather data that is relevant, sufficient and valid in order to make judgements on student learning during the learning cycle. 
   1. Boards shall provide a list of pre-approved assessment tools consistent with their Board improvement plan for student achievement and the Ministry PPM.
   2. Teachers shall use their professional judgment to determine which assessment and/or evaluation tool(s) from the Board list of preapproved assessment tools is applicable, for which student(s), as well as the frequency and timing of the tool. In order to inform their instruction, Teachers must utilize diagnostic assessment during the school year.
4. The results of diagnostic assessments shall not be used in any way in evaluating Teachers. No Teacher shall suffer discipline or discharge as a consequence of any diagnostic assessment results.

C10.1   Family Medical Leave or Critical Illness Leave 

1. Family Medical Leave or Critical Illness leaves granted to a permanent Teacher or long-term Occasional Teacher under this Article shall be in accordance with the provisions of the Employment Standards Act, 2000, as amended.
2. The Teacher will provide to the Employer such evidence as necessary to prove entitlement under the Employment Standards Act, 2000, as amended.
3. A Teacher contemplating taking such leave(s) shall notify the Employer of the intended date the leave is to begin and the anticipated date of return to active employment.
4. Seniority and experience continue to accrue during such leave(s).
5. Where a Teacher is on such leave(s), the Employer shall continue to pay its share of the benefit premiums, where applicable. To maintain participation and coverage under the Collective Agreement, the Teacher must agree to provide payment for the Teacher’s share of the benefit premiums, where applicable.
6. In order to receive pay for such leaves, a Teacher must access Employment Insurance (EI) and the Supplemental Employment Benefit (SEB) in accordance with g) to j), if allowable by legislation. An employee who is eligible for EI is not entitled to benefits under a School Board’s sick leave and short term disability plan.           

Family Medical Leave or Critical Illness Leave Supplemental Employment Benefits (SEB)

1. The Employer shall provide for permanent Teachers and long-term Occasional Teachers who access such Leaves, a SEB plan to top up their EI Benefits. The Teacher who is eligible for such leave shall receive 100% salary for a period not to exceed eight (8) weeks provided the period falls within the school year and during a period for which the permanent Teacher would normally be paid. The SEB plan pay will be the difference between the gross amount the Teacher receives from EI and their regular gross pay. 
2. Long Term Occasional Teachers are eligible for the SEB plan with the length of the benefit limited by the term of the assignment.
3. SEB payments are available only to supplement EI benefits during the absence period as specified in this plan.
4. The Teacher must provide the Board with proof that they have applied for and are in receipt of employment insurance benefits in accordance with the Employment Insurance Act, as amended, before SEB is payable.

C10.2   Pregnancy Leave      

1.   The Employer shall provide for permanent and long-term occasional Teachers a SEB plan to top up their EI Benefits. The Teacher who is eligible for such leave shall receive 100% of salary for not less than eight (8) weeks of pregnancy leave less any amount received under the Employment Standards Act, 2000, as amended, during such period. There shall be no deduction from sick leave or the Short Term Leave Disability Program (STLDP). 
2. Teachers not eligible for EI Benefits or the SEB plan will receive 100% of salary from the Employer for a total of not less than eight (8) weeks with no deduction from sick leave or STLDP. 
3. Teachers filling a long-term assignment shall be entitled to the benefits outlined in a) above, with the length of the SEB limited by the term of the assignment.
4. Teachers on daily casual assignments are not entitled to pregnancy leave benefits unless they were previously entitled under the provisions of the 2008-12 collective agreement or the last collective agreement concluded between the Parties.
5. The Teacher must provide the Board with proof that they have applied for and are in receipt of EI Benefits in accordance with the Employment Insurance Act, as amended, before SEB is payable.
6. Eligible Teachers shall receive the pregnancy leave benefits herein for the entire eight (8) week period throughout the course of the entire calendar year regardless of whether the Teacher would otherwise be required to work during the eight (8) week period (i.e. during summer, March and Winter breaks etc.). Payment shall be made to the Teacher in accordance with the School Board’s payroll procedure. 
7. Teachers who require a longer than eight (8) week recuperation period shall have access to sick leave and the STDLP.
8. If a Teacher begins pregnancy leave while on an approved leave from the Employer, the above pregnancy leave benefits provisions apply.

The board will make every effort to limit FDK/Grade 1 split grades where feasible.