Collective Agreement Between DSB1 and ETFO Occasional

2.01 The employer recognizes the Elementary Teachers’ Federation of Ontario as the bargaining agent for all Occasional Teachers employed by the employer in its elementary schools.

2.02 The Union will inform the Board on June 1 of each year who is authorized to act on behalf of the Union.

3.01 Occasional Teachers shall mean an Occasional Teacher as defined in The Education Act (Section 1.1) and meeting the definition of “A teacher” as defined in The Teaching Profession Act (Section 1).

3.02 Long Term Occasional Teacher shall mean a teacher who is required to teach for a period of ten (10) or more consecutive teaching days as a substitute for the same teacher.

3.03 Casual Occasional Teacher shall mean an Occasional Teacher who is not a Long Term Occasional Teacher.

3.04 Occasional Teacher Roster means a list of all teachers qualified to teach in Ontario, and in good standing with the Ontario College of Teachers, who have been accepted by the Board to teach as Occasional Teachers in the elementary panel.

3.05 Day shall mean teaching day.

3.06 Except as specifically provided herein, the words and phrases used in this agreement shall be ascribed the meaning provided for in The Education Act, as amended from time to time, and the Regulations thereto and shall be interpreted consistently with the provisions of the said Statutes and Regulations.

3.07 Long Term Occasional List means the list of all Occasional Teachers from the Roster who have been accepted to the Long Term Occasional List in accordance with Regulation 274.

4.01 The Board shall deduct, for every pay period for which an Occasional Teacher receives a pay, union dues and assessments. Dues and assessments deducted in accordance with this Article shall be forwarded to the General Secretary of the Union by the 15^th day of the following month of the dues being deducted. The Union shall inform the Board, from time to time, of the amount of such dues and assessments.

4.02 The payment shall be accompanied by a dues submission list showing the names, addresses, wages earned, and dues deducted, and the number of days worked for each Occasional Teacher from whose wages the deductions have been made. In addition to providing a written copy of this information the Board shall, where available, provide the information in electronic form.

4.03 Should the Union institute a Local levy for members, the Board agrees to process such a levy. The Union agrees to provide no less than 60 calendar days’ notice of such a change.

4.04 The Union shall indemnify and save the Board harmless from any claims, suits, attachments, and any form of liability as a result of such deductions authorized by the Union.

5.01 No Discrimination

The Board and the Union shall carry out their responsibilities under this Collective Agreement with mutual respect in a manner that is fair, reasonable, equitable, non- discriminatory and consistent.

5.02 Statutory Responsibilities

The Employer and the Bargaining Unit agree to abide by the Education Act, the Employment Standards Act, the Ontario Human Rights Code, the Occupational Health and Safety Act, and any other prevailing statutes governing education and employment in Ontario, and all regulations thereunder.

5.03 No Penalty

The Board agrees not to penalize or discriminate against any Occasional Teacher for participating in the activities of the Union, including exercising any rights under this Collective Agreement or the prevailing statutes of Ontario.

5.04 Evaluations

Only Supervisory Officers, Principals and Vice-Principals shall conduct an Occasional Teacher’s performance appraisal.

5.05     

1. Long Term Occasional Teachers shall be evaluated according to the current Occasional Teacher Evaluation policies and procedures 1.2.9, located on District School Board Ontario North East’s website.
2. Casual Occasional Teachers shall be evaluated according to the Board policies and procedures upon request of the Casual Occasional Teacher or the decision of the Principal. It is understood that the evaluation will take place at a date and time convenient to the Principal and the Occasional Teacher.

5.06 Just Cause

1. When an investigation is initiated, the Superintendent of Education with the Human Resources portfolio or their designate will inform the Occasional Teacher of the investigation and any impact on their employment status.
2. No Occasional Teacher shall be disciplined or discharged without just and sufficient cause and such cause shall be communicated in writing by the Superintendent of Education with the Human Resources portfolio or their designate within five (5) days from the time the Occasional Teacher is informed of any action.
3. Prior to the imposition of any such actions, there shall be a meeting held between the Occasional Teacher and a Board representative to discuss the matter. The Union shall be made aware of such meeting. The Occasional Teacher shall have the right to have a representative of the Union present and shall be informed of the purpose of the meeting. Notwithstanding the above, there is a probationary period of 20 days worked. During this probationary period, the Board may terminate the assignment for reasons satisfactory to the Board.
4. If, after two (2) weeks from the date the teacher was removed from the replacement call out system, the investigation has not been completed and it can be demonstrated that it is ‘by fault of the Board’, the teacher will be paid a weekly amount equal to their average weekly earnings as an Occasional Teacher for the current school year. This payment will commence two weeks after the employee’s employment status was changed and will cease upon completion of the investigation. If it can be demonstrated that the delay was caused by another agency/organization, the employee will not receive any remuneration.

6.01 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.

6.02 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.

6.03 Upon written request of the Occasional Teacher to the Superintendent of Education with the Human Resources portfolio, documents contained in the Occasional Teacher’s personnel file which are disciplinary in nature and all supporting documents shall be removed from the file three (3) years after the date of issue, unless further similar disciplinary action has occurred in that period.

• • 6.03.1 Notwithstanding (article 6.03 above), disciplinary materials regarding suspensions, harassment or violence, or any discipline related to physical, emotional or psychological harm to students or other employees of the Board will remain in an Occasional Teacher’s file.

6.04 Occasional Teachers shall receive copies of any disciplinary materials placed in their personnel files within three (3) school days of the material being filed.

6.05 The signature of an Occasional Teacher on any document 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.

6.06 If an Occasional Teacher disputes the accuracy or completeness of information in their personnel file the Board shall, within fifteen (15) days from receipt of a written request by the Occasional Teacher stating the alleged inaccuracy, either confirm or amend the information and shall notify the Occasional Teacher in writing of its decision, including reasons for that decision. Where the Board amends such information per the above, the Board shall notify all persons who received a report based on the inaccurate information.

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

6.08 An email copy of the Occasional Teacher Roster shall be sent to the Union by September 30 of each year.

The Board will provide the Occasional Teacher Local President or designate an updated OT Roster that includes the following contact information: name, emails, and phone number. Lists will be provided two (2) times per year.

7.01 The right to manage and conduct the business of the Employer is vested exclusively with the Employer and its administration.

8.01 The Board shall ensure that a current copy of the Collective Agreement is accessible on the Board’s website at www.dsb1.ca.

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.

9.02 An Occasional Teacher shall have the right to be represented by the bargaining agent during any stage of the grievance/arbitration procedure.

9.03 Complaint Stage

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

9.04 Grievance Procedure – Individual

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

9.05 Step 1

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

A copy of the written grievance shall be sent to the Director of Education or designate.

The written grievance shall contain:

• a description of how the alleged dispute is in violation of the agreement; and
• the articles in the agreement alleged to be violated; and
• the remedy sought; and
• the signature of the duly authorized official of the Union.

9.06 Step 2

If the reply of the Superintendent of Education with the Human Resources portfolio or designate is unacceptable to the Bargaining Unit, 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 answer the grievance in writing within five (5) days.

9.07 Step 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.

9.08 Where an Occasional Teacher has received a termination notice, the Union may file a grievance at Step 3 within ten (10) school days of written notice of termination.

9.09 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.

9.10 Grievance Mediation

1. 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.
2. The timelines outlined in the grievance procedure shall be frozen at the time the Parties mutually agreed in writing to request a Settlement Officer.
3. 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 shall continue from the point at which they were frozen.

9.11 Arbitration

The Party desiring arbitration shall notify the other Party in writing of its desire to submit the difference or allegation to arbitration and the notice shall contain the name of the first Party’s appointee to an Arbitration Board. The recipient of the notice shall, within ten (10) working days, inform the other Party either that it accepts the other Party’s appointee as a single Arbitrator or inform the other Party of the name of its appointees as a single Arbitrator or inform the other Party of the name of its appointee to the Arbitration Board. Where two (2) appointees are so selected, they shall, within ten (10) days of the appointment of the second of them, appoint a third person who shall be the Chairperson. If the recipient of the notice fails to appoint an Arbitrator or if the two (2) appointees fail to agree upon a Chairperson within ten (10) days, the appointment shall be made by the Minister of Labour upon the request of either Party.

9.12 Powers of the Board of Arbitration

In the event of a request by either party 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.

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

1. 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;
2. to grant such interim order, including interim relief, as the arbitrator or arbitration board considers proper, including interim reinstatement; and
3. to enforce a written settlement of a grievance.

9.13 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.

9.14 The grievor(s), Union representative(s) or witnesses 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.

9.15 The Union shall pay for the cost of any Occasional Teacher replacement(s) if necessary.

9.16 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.

9.17 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 Teacher replacement(s) if necessary.

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

9.19 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.

9.20 The time limits stipulated in 9.04 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.

9.21 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.

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

10.01 The Union and the Board agree that there will be no strikes or lockouts during the term of this agreement. Notwithstanding the foregoing, Occasional Teachers may strike and the Employer may lock out Occasional Teachers in accordance with the provisions of the Ontario Labour Relations Act.

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

10.03 Amendments, deletions, or additions to this Collective Agreement defined herein shall be in writing and be made only by mutual consent of the Parties to this Agreement.

Benefits are addressed in Central Agreement terms, Article C5.00.

13.01 To be eligible for inclusion on the Occasional Teacher Roster, an Occasional Teacher must be a member in good standing with the Ontario College of Teachers.

13.02 An Occasional Teacher who has not completed a minimum of twenty (20) assignments during the current school year shall be removed from the Occasional Teacher Roster provided they have received calls for a minimum of sixty (60) separate assignments during the same time period. An Occasional Teacher may request a temporary leave from the Occasional Teacher Roster for up to one (1) year. The granting of such leave shall result in pro-rating the required number of assignments.

An Occasional Teacher who works a partial year shall have the required number of assignments pro-rated.

13.03 Occasional Teachers shall notify Human Resources, in writing, of any changes of address and/or telephone number required by the Board to contact the Occasional Teacher regarding teaching assignments.

It shall be the responsibility of the Occasional Teacher to ensure an active phone number is entered in their profile in the SmartFind system.

14.01 In the event there are no Occasional Teachers available on a certain day in a school year, the Board agrees to abide by The Education Act and its regulations in order to fill a day’s vacancies as outlined under the provisions of Regulation 298.

14.02 When an Occasional Teacher is scheduled to work in the same assignment for more than one day and the assignment is terminated earlier than scheduled, the Occasional Teacher will contact the automated call out system Administrator to inform them of the change to their availability. The Principal (or acting Administrator) will endeavour to cancel the assignment in the automated call out system before 6pm the same day to ensure that the Occasional Teacher is placed in sequence for future teaching assignments.

15.01 All Long Term Occasional Teaching positions shall be posted in each school operated by the Board. An email copy of all positions shall be forwarded to the President of the Union.

Central Agreement Article C6.00 Sick Leave, and LOA #1 RE: Sick Leave applies.

Except as otherwise specified, all leaves under this Article shall apply to Long Term Occasional Teachers.

A Long Term Occasional Teacher shall be granted a leave of absence with pay and no loss of sick leave credits in respect of absence occasioned by the leaves listed below. None of these leaves shall constitute a break in service, and during these leaves Occasional Teachers shall continue to accumulate credit for teaching experience, and any other relevant entitlements under this Collective Agreement.

17.01 Bereavement Leave

Bereavement leave of up to three (3) days shall be granted without loss of pay or deduction from sick leave to a Long Term Occasional Teacher in the event of the death of a spouse, common-law partner, parent, step-parent, child, step-child, guardian, sibling, mother-in-law, father-in- law, or grandparent.

17.02 Pregnancy/Parental Leave

Central Agreement, Article C10.2 Pregnancy Leave applies. Entitlement to the above leave is also defined under the Employment Standards Act.

17.03 Court Appearances

A Long Term Occasional Teacher who is absent by reason of a summons to serve as a juror or a witness in any court to which the Occasional Teacher has been summoned in any proceedings to which the Occasional Teacher is not a party to or one of the persons charged, shall be paid the applicable earnings under 11.01(b) until the end of the assignment, provided that the Long Term Occasional Teacher pays to the Board any fees, exclusive of travelling allowances and living expenses, received as a juror.

17.04 Examination and Graduation

A Long Term Occasional Teacher who has received the prior approval of the Superintendent of Education with the Human Resources portfolio or designate, may be absent from duty during the Long Term Occasional assignment without loss of pay or deduction from sick leave credit, not to exceed two (2) days, as follows:

1. for the purpose of writing an examination; the half day period during which the examination occurs will be granted.
2. for the purpose of attending the Occasional Teacher’s graduation; the half day period during which the graduation occurs will be granted.

17.05 Federation Leave

1. When a member of the Occasional Teacher Bargaining Unit is elected or appointed to the position of Local President, the Employer shall grant Federation Leave as requested by the Union. Such leave will be granted provided that the Union reimburses the Employer for the full cost of the release, including:
   1. the salary and allowances identified by the Union; and
   2. the full Board cost for all insured and statutory benefits.
   3. Federation Release time for the Local President shall be recognized for experience purposes in accordance with 11.07. The Employer shall pay to the Local President such entitlements as noted above as if the Local President was a Long Term Occasional Teacher with the Board.
2. The Employer agrees to release Bargaining Unit members for Occasional Teacher Local business at the request of the Bargaining Unit President, provided that the Local shall reimburse the Employer for any replacement costs incurred. Total release time in this sub-paragraph shall not exceed a total of ten (10) days in any school year. For further clarity, release days required for the purpose of Collective Bargaining shall be in addition to these ten (10) days.
   1. Notwithstanding the foregoing, the Local may apply for additional days, and the days may be approved at the discretion of the Director or designate. It is understood that for staff in Long Term Occasional positions, Board approval to release the member must be obtained and shall not be unreasonably denied based on available occasional teacher coverage.
3. The parties agree that the Board will administer payroll for up to ten (10) members of the Union Executive and/or Bargaining Team on a monthly basis. The Union will reimburse the Board for the full cost of salary, vacation, benefits and all statutory benefits. A list of Union Executive Members and Bargaining Team Members will be provided to the Board no later than September 15^th of each school year. Any additions, deletions or changes to the list of members to be paid will be communicated in writing to Human Resources and the Manager of Payroll. Such days paid will be considered as a day worked for the purpose of this Collective Agreement.

18.01 An LTO assignment greater than eighty (80) instructional days or four (4) months in duration, will be eligible to request up to two (2) full unpaid days during the term of their LTO assignment. Such days cannot be carried from assignment to assignment and shall not be split into partial days unless they are in conjunction with a leave request from a part-time permanent position. Such leaves cannot abut a holiday or interfere with school events or PA days. Requests for these days must be made in SmartFind a minimum of two (2) weeks prior to the leave commencing. Such leave requests will be subject to the approval of the Principal and the Superintendent of Education with the Human Resources portfolio or designate and will not be unreasonably denied.

18.02 These leaves shall not normally interfere with events or processes such as the first day of school, last day of school, PA days, early release days, report cards (timely submission, completion and review with parents/guardians), EQAO, graduation, school trips (as may pertain to the individual being released). In addition to the conditions previously listed, the request for unpaid leave cannot be attached to an extension of a holiday break such as March Break, Thanksgiving, Christmas Break, Family Day, Easter or Victoria Day. The granting of such leaves would be contingent on sufficient availability of replacement Occasional Teachers.

19.01 The timetable for an Occasional Teacher shall be the same as the timetable of the teacher who is being replaced.

19.02 There shall be no supervisory duty scheduled for the Occasional Teacher prior to the commencement of the first class on the first day of an assignment.

19.03 The supervisory duty schedule for the Occasional Teacher will be the same as the schedule of the teacher being replaced. Notwithstanding the preceding if the teacher being replaced has duty prior to the commencement of classes as outlined in 19.02, the Occasional Teacher may be required to take on another duty later in the day.

19.04 The Board shall reimburse, at the Board’s current kilometer/mileage rate, each Occasional Teacher for travel between an assignment involving two (2) or more schools within the Board’s jurisdiction if the teacher the Occasional Teacher is replacing normally receives the allowance.

19.05 Occasional Teachers shall receive, in writing; supervision schedules, safety plans, pertinent medical information, lock down procedures, the timetable of the teacher being replaced, relevant log-in information, IEP's, behaviour plan, a seating plan, applicable EA schedules, and all other relevant information as well as classroom keys. Notwithstanding the foregoing, nothing in this article should be used as the sole reason/justification for discipline imposed on any Teacher or Long-Term Occasional Teacher.

20.01 The Board and Union shall meet, at least once a year, at the request of either party, to investigate possible professional learning opportunities for Occasional Teachers.

20.02 A Long Term Occasional Teacher who is scheduled to work when there is a Professional Activity Day will be paid for the day and will be required to participate in the scheduled professional activity sessions.

20.03 An Occasional Teacher not meeting the conditions in 20.02 above may attend, without pay, scheduled Professional Activity Days and in-service programmes arranged by the Board.

20.04 The Board shall endeavour to annually provide professional development opportunities for Occasional Teachers.

21.01 The Board shall provide information to the Union about the professional development activities provided by the Board on request.

21.02 The Union shall have access to the existing bulletin boards to post items which it believes would be of interest to Occasional Teachers covered by this Agreement.

21.03 All correspondence between the Parties arising out of this Agreement shall pass to and from the Director or designate, and from the President of the Local.

21.04 An Occasional Teacher Committee with two (2) representatives from the Union and the Board shall meet on a needs basis to discuss Occasional Teacher issues.

21.05 The Union shall be allowed to carry out Union business on the Board’s premises outside of regular school hours, at no cost to the Union or the Board.

22.01 The Collective Agreement becomes effective upon ratification by both parties and shall remain in effect from September 1, 2022 to August 31, 2026.

22.02 Notwithstanding the period of notice stipulated in Section 59 of The Labour Relations Act, notice to bargain will be made in accordance to section C3.6 from the Central Agreement.

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

23.01 Not Responsible for Diagnosis or Medication

The Board shall not request any Occasional Teacher to administer medication or perform any medical or physical procedure on any pupil that might in any way endanger the safety or well-being of the pupil or subject the teacher to risk, injury, or liability for negligence.

24.01 Employer’s Obligations

The Board and ETFO recognize the importance of promoting a safe and healthy environment for employees and of fulfilling their respective duties and obligations under the Occupational Health and Safety Act and its accompanying Regulations.

24.02 The Principal will make it a priority to notify the members of ETFO as soon as possible if a case of Fifth Disease is reported in the workplace.

25.01 The Board recognizes its obligation to ensure that every Occasional Teacher is free from harassment in the working environment. Harassment complaints will be addressed in accordance with Board Harassment Policy 1.2.2 of the District School Board Ontario North East Policy Manual.