Collective Agreement Between DSB1 and OSSTF Perm Teachers

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.

1.01 BARGAINING UNIT shall be defined as the Teacher Bargaining Unit, District 1, Ontario North East, of the Ontario Secondary School Teachers’ Federation (OSSTF).

1.02 BOARD or EMPLOYER shall be defined as District School Board Ontario North East.

1.03 CAMPUS shall be defined as an alternate work site associated with a school, including but not limited to, PACE, and all Section 23 locations.

1.04 COMBINED CLASS shall be defined as a class having multi-grade and/or multi-level courses assigned within a single period.

1.05 CONTINUING EDUCATION TEACHER means a Teacher employed to teach an education course or class established in accordance with the regulations for which membership in the Ontario College of Teachers is required by the regulations.

1.06 CREDIT is granted in recognition of completion of a course within the time stipulated by the Ministry of Education and Training for the granting of a credit.

1.07 DAY shall be defined as school day unless otherwise indicated.

1.08 DEPARTMENT HEAD shall be defined as a Teacher who has been appointed to be in charge of an organizational unit.

1.09 DISCIPLINE shall be defined as a suspension without pay, loss of pay for disciplinary purposes, or a letter of reprimand from the Board or Supervisory Officer or Principal or Vice Principal, or a letter of reprimand which is copied to a Supervisory Officer or the Teacher’s Personnel File or to the Teacher.

1.10 DISPLACEMENT shall be defined as the transfer of the most junior Teacher who is not declared redundant, to a vacancy in a school or entity which was created by the declaration of redundancy.

1.11 ENTITY shall be defined as:

1. École Secondaire Cochrane High School and Iroquois Falls Secondary School
2. Englehart High School and Timiskaming District Secondary School
3. Roland Michener Secondary School and Timmins High and Vocational School
4. Hearst High School
5. Kapuskasing District High School
6. Kirkland Lake District Composite School

1.12 GRIEVANCE shall be defined as any difference relating to the interpretation, application, administration, or alleged violation or arbitrability of an item concerning this Collective Agreement.

1.13 OCCASIONAL TEACHER shall be defined as a member of the OSSTF District 1 Occasional Teacher Bargaining Unit.

1.14 ORIGINATING SCHOOL shall be defined as the school, including any campuses, from which a Teacher has been transferred voluntarily, transferred, displaced, declared redundant, or been granted a leave of absence.

1.15 OSSTF shall be defined as the Ontario Secondary School Teachers’ Federation.

1.16 PARTY shall be defined as either the Bargaining Unit or the Board.

1.17 PERIOD shall be defined as the block of time or time allocation required by the Ministry of Education and Training for one credit.

1.18 PREDECESSOR BOARDS shall be defined as Cochrane – Iroquois Falls, Black River – Matheson Board of Education, Hearst Board of Education, Kapuskasing-Smooth Rock Falls and District Board of Education, Kirkland Lake Board of Education, Timiskaming Board of Education, and Timmins Board of Education.

1.19 REDUNDANT TEACHER shall be defined as one who is in excess of the projected staffing allocation in the system.

1.20 SCHOOL shall be defined as a secondary school which includes Ecole Secondaire Cochrane High School, Englehart High School, Hearst High School, Iroquois Falls Secondary School, Kapuskasing District High School, Kirkland Lake District Composite School, Roland Michener Secondary School, Timiskaming District Secondary School, and Timmins High and Vocational School.

1.21 SCHOOL DAY shall be defined as an instructional day, Professional Activity day, Professional Development day, or examination day.

1.22 SEMESTER shall be defined as approximately half the instructional days including any examination, Professional Development, or Professional Activity days of the school year.

1.23 SENIORITY shall be the length of continuous service with the District School Board Ontario North East or a Predecessor Board as a Bargaining Unit (OSSTF) Teacher from the first day worked after being hired.

1.24 SPOUSE shall be defined as the legally married spouse of the Teacher, a same-sex partner or a person who cohabits with the Teacher in a common-law relationship.

1.25 STUDENT CONTACT shall be defined as a Teacher having contact with one student in one credit in one semester or equivalent.  Portions of this will be recognized for partial credit.

1.26 SUPERVISION shall be defined as duties carried out in assigned time.

1.27 SURPLUS TEACHER shall be defined as one who is in excess of the staff complement adopted by the Board for an Entity.

1.28 SYSTEM shall be defined as all secondary schools under the jurisdiction of the Board.

1.29 TEACHER shall be defined as a member of the Teacher Bargaining Unit.

1.30 VACANCY is defined as a position left vacant as a result of the promotion, secondment, transfer, retirement, resignation or death of a Teacher.

2.01 It is the intent and purpose of the Parties to this Agreement:

• • 2.01.1 to maintain the existing harmonious relations between the Board and the Bargaining Unit;
  • 2.01.2 to recognize the mutual value of joint discussions in all matters referred to in this Collective Agreement; and
  • 2.01.3 to set forth harmoniously the conditions of employment together with the salaries and the allowances which govern the Teachers who are covered by the Agreement;
  • 2.01.4 to provide for the prompt and fair disposition of grievances;
  • 2.01.5 to encourage effectiveness in the operation of our schools.

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

2.03 Notwithstanding the period of notice stipulated in Section 59 of The Labour Relations Act, either Party may notify the other within the period of one hundred and eighty (180) days prior to the termination date of the Collective Agreement that it desires to negotiate the renewal, with or without modifications, of this Collective Agreement.

2.04 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.

2.05 There shall be no strike or lock-out during the term of this Agreement. The terms “strike” and “lock-out” shall be as defined in the Ontario Labour Relations Act.

2.06 The ratified Collective Agreement shall be posted on the Board’s website within two weeks of being signed by the Bargaining Unit and the Board.

3.01 The Employer recognizes the Ontario Secondary School Teachers’ Federation (“OSSTF”) as the exclusive bargaining agent authorized to negotiate on behalf of its members employed to teach by the District School Board Ontario North East and assigned as Teachers to one or more secondary schools or to perform duties in respect of such schools all or most of the time.

3.02 The Employer recognizes the negotiating team of the Bargaining Unit as the group authorized to negotiate on behalf of OSSTF.

3.03 The Employer recognizes the right of the Bargaining Unit to authorize OSSTF or any other advisor, agent, counsel, solicitor, or duly authorized representative to assist, advise, or represent Teachers in all matters pertaining to the negotiation and administration of this Collective Agreement.

3.04 The Bargaining Unit recognizes the right of the Employer to consult with their professional management and to obtain other such additional outside assistance as the Employer considers appropriate.

3.05 The Employer further recognizes the right of OSSTF to represent a Teacher at any meeting when corrective counselling or formal discipline is being administered or a meeting where there is a reasonable possibility of disciplinary action being taken.

4.01 The Employer agrees 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.  

5.01 The Employer and the Bargaining Unit agree that their rights and responsibilities shall be exercised in a manner that is fair, reasonable, equitable, non-discriminatory, and consistent with the Collective Agreement and the prevailing statutes.  

6.01 Teaching Assignment

• 6.01.1 Each full-time Teacher will be assigned core responsibilities of 6 periods out of 8 periods.
• 6.01.2 No Teacher identified under 6.01.1 shall be assigned more than 3 periods per day per semester.  Of the 3 periods of eligible programs, no more than 2 half-credit courses may be assigned without the mutual consent of the Principal, the Teacher and the Bargaining Unit President or designate.
• 6.01.3 Notwithstanding Article 6.01.2 the In-School Staffing Committee may consider and approve special program (e.g. 4-credit packages) needs in reviewing instructional assignments.  Such assignments shall require the consent of the Teacher.
• 6.01.4 Of the 6 periods assigned, no more than two (2) non-semestered, year-long 1.0 credit courses may be assigned without the mutual consent of the Principal, the Teacher and the Bargaining Unit President or designate.

6.02 Additional Professional Assignments (APA)

• 6.02.1 Each full-time Teacher may also be assigned up to the following maxima of “Additional Professional Assignments” which includes some combination of on-calls, supervisions, student mentoring and/or Teacher mentoring based on seventy-five (75) minute periods as outlined below:
• Additional Professional Assignments 

• 6.02.2 Teachers may be assigned a maximum of 27 on-calls per school year.
• 6.02.3 Workload, on-call, supervision and mentorship duties assigned to part-time Teachers shall be prorated in accordance with the ratio that the Teacher’s entitlement bears to that of a full-time Teacher as outlined in 6.02.1.
• 6.02.4 All on-calls, supervision and mentoring shall be equitably assigned and performed within the instructional day. To be clear, the Principal may assign hall/bus supervision before the start of classes and after the end of classes.  Any scheduling of on-calls/supervision and mentoring performed outside of the instructional day shall be with the consent of the Teacher affected, the Principal, and the Bargaining Unit President or designate.
• 6.02.5 Supervision may include supervision required during the lunch period, before school, study hall and after school bus supervision.
• 6.02.6 On-call, supervision and mentorship assignments will be for no more than one-half (1/2) period.
• 6.02.7 A Teacher will not be assigned more than two (2) on-calls or supervisions in one week.  Such assignments shall be equitably timetabled and performed within the instructional day.
• 6.02.8 Except in the case of an emergency situation, Teachers shall be notified of any on-call assignments a minimum of 30 minutes prior to the commencement of regularly scheduled classes.  It is understood that a message in the Teacher’s mailbox or an email message constitutes notification.
• 6.02.9 Emergency shall be defined as an unforeseen circumstance occurring during that school day.
• 6.02.10 Supervision time will be equitably allocated.  
• 6.02.11 Supervision, or on-calls may be blocked in consultation with the Branch President or Bargaining Unit president or designate.
• 6.02.12 A Teacher who has completed two (2) on-calls or supervisions in the week may be assigned an on-call or a supervision in an emergency situation which arises during that School Day; such on-call or supervision will count towards the total number of on-calls or supervisions.
• 6.02.13 Teachers who have physical education qualifications noted on their Ontario Teacher’s Qualifications Record Card may be assigned supervision of a gymnasium during the supervision specified in 6.02.
• 6.02.14 Notwithstanding 6.02.13, by mutual consent, a Teacher may agree to supervision of a gymnasium during the supervision specified in 6.02.
• 6.02.15 No Teacher shall be assigned on-calls in any Technological Studies, Family Studies, or Science courses with the expectation of delivering practical instruction.
• 6.02.16 Records of on-calls and supervision assignments will be kept, and will be reviewed by the Branch President or designate. The records shall be made available, two times per year, upon request by the Branch President or designate.

6.03 Class Size

• 6.03.1 The Principal, in consultation with the Branch President or designate, shall determine the deployment of teaching staff to program using the school’s allocation to classroom, Services classes, guidance, library and special education.  This shall be accomplished in ways which meet the needs of students in the school. The following Class Size maximums shall also be met by the end of the fourth week of each semester:
  • Effective September 1, 2022
  • 6.03.1.1   Academic/University                                                            29
  • 6.03.1.2   Open/University-College/College                                        26
  • 6.03.1.3   Applied/Workplace                                                              24
  • 6.03.1.4   Technical (Construction/Manufacturing/Transportation)     20
  • 6.03.1.5   Essential (Locally Developed)                                             15
  • 6.03.1.6   Co-operative Education                                                       20
  • 6.03.2 Notwithstanding 6.03.1, individual classes may exceed the maximum by no more than 15%, provided that the Teacher’s aggregate maximum for the semester does not exceed the maxima by 5%.
  • 6.03.3 The length of the school day shall not exceed seven and one-half (7 ½) hours.  This does not preclude a Teacher’s voluntary participation in school extra-curricular activities.

6.04 Dual Credit Courses

A secondary school’s Average Daily Enrolment in “Dual Credit” courses shall be included in the calculation of the number of secondary teaching positions in the Board pursuant to this Collective Agreement and/or any class-size regulation.

6.05 Other Workload

• 6.05.1 No teacher shall be assigned administrative duties normally performed by management except as per Article 24 (Short Term Replacement of a Principal or Vice-Principal).
• 6.05.2 Each Teacher shall have a lunch break of a minimum of forty (40) consecutive minutes between classes, free from assigned duties, between the hours of 10:45 AM and 2:00 PM.
• 6.05.3 No Teacher shall be assigned more than 150 consecutive minutes of instructional time and/or supervision without a minimum ten (10) minute break.
• 6.05.4 Extra-curricular activities are voluntary and the Board agrees to continue to regard such activities as voluntary.  Extra-curricular activities shall not be assigned to any Teacher.
• 6.05.5 Time during the school day not assigned in accordance with 6.01 and 6.02 shall be available to the Teacher for preparation and marking.
• 6.05.6 During examination days, Teachers who are not assigned to supervise examinations may mark examinations at home, but must be accessible by telephone to the Principal and be able to return to School to assist students during regular school hours.  

6.06 Blended Courses/Classrooms

• 6.06.1 Blended classes are taught live by a Teacher in their home School. Students in the home school attend the live classroom while students in the connected School(s) attend online at the same time.
• 6.06.2 Blended class sizes will follow those listed in 6.03.
• 6.06.3 The Board shall not make recordings of Teachers teaching blended classroom courses without the Teacher’s consent.

7.01 A class enrolled in a course for a secondary school credit, delivered in whole or in part through electronically delivered curriculum, shall be subject to the provisions as outlined in Article 6 (Workload).  Student FTE assigned to such classes shall be used to generate the FTE Teachers within the Bargaining Unit.

7.02 All lesson preparation, teaching, monitoring, evaluation, testing and reporting of marks for students taking electronically delivered credit courses shall be the responsibility of the Teacher assigned to the electronic classroom.

• • 7.02.1 A Teacher teaching electronically delivered courses shall work the same Days as any other classroom Teacher, and shall not be expected to extend into non-school hours.
  • 7.02.2 A Teacher teaching electronically delivered courses shall be attached to a School for staffing purposes.
  • 7.02.3 A Teacher teaching electronically delivered courses shall have a timetable that includes APA’s, preparation time and a lunch period.

7.03 A Teacher teaching electronically delivered courses shall be assigned a work location in the Teacher’s secondary school.

• 7.03.1 E-learning courses shall not be combined with regular day school courses.

7.04 A Teacher teaching electronically delivered courses to students in another location shall correspond with students only through a Board server. The Board shall supply the Teacher with an email address.

7.05 A Teacher teaching electronically delivered courses shall report to school board personnel only and shall be evaluated by a principal or vice-principal and/or a supervisory officer employed by the Board.

7.06 A Teacher teaching electronically delivered courses shall be subject to the workload provisions set out in Article 6 (Workload).

7.07 The Board shall not make recordings of Teachers teaching courses by electronically delivered curriculum without the Teacher’s consent.

7.08 The Board agrees to provide the Bargaining Unit President or designate with information pertaining to enrolment, staffing and the credit courses offered by electronically delivered curriculum.

8.01 No newly hired Teacher will be placed at a salary level different than that being paid to a Teacher of the incumbent staff having the same or equal certification rating, qualifications, experience and responsibility.

8.02 A Teacher who qualifies for a change in category by reason of improved qualifications shall receive the appropriate differential amount of salary as outlined in Article 8 (Grid Placement).

8.03 In order to receive retroactive pay to September in any school year for a change in category or allowances, a Teacher must:

• 8.03.1 Have successfully completed the necessary course requirements for change by August 31 preceding the school year, and
• 8.03.2 Have submitted the necessary category rating statement to the Board by January 31^st of the school year.

8.04 In order to receive retroactive pay to January 1, in any school year for a change in category or allowances, a Teacher must:

• 8.04.1 Have successfully completed the necessary course requirements for the change by December 31 of the school year, and
• 8.04.2 Have submitted the necessary category rating statement to the Board by January 31^st of the school year.

8.05 Where, if applicable, no proof of category is submitted, the Teacher will be placed in Category 1, until an original Qualifications Evaluation Council of Ontario (QECO) Statement of Evaluation is submitted.

• 1.05.1 Should any delay in obtaining the documentation required in accordance with articles 8.03 and 8.04 be caused by the Qualifications Evaluation Council of Ontario (QECO), or the College of Teachers, all relevant correspondence may be forwarded to the Director of Education or designate with a request for special consideration. Correspondence should demonstrate that the Teacher took all necessary steps to obtain the required documentation in a timely manner.
• 1.05.2 The granting of any special request for an exception to the foregoing shall be at the sole discretion of the Director of Education or designate.

8.06 Category definitions shall be those set out in the current Qualifications Evaluation Council of Ontario (QECO) Certification Regulations. In order to receive salary beyond the Category 1 Level, an original QECO Statement of Evaluation must be submitted.  Future amendments to the QECO Certification Regulations, which are approved by OPSBA and agreed to by the Board, will become effective the following school year. Nothing in this provision shall be construed to give it retroactive salary application. OSSTF Certification Rating Statements prior to 2021 will be honoured.

9.01 Salary Grids:

• • 9.01.1 The annual increment structure is set out in 9.01. The effective date for all increment changes shall be the first day of September in each year.

9.02 The salary of a part-time Teacher shall be calculated in accordance with the following formula:

S = (G + M) x D/Y x FTE

S = Salary

G = Grid Salary (including 9.04 and 9.05)

M = Allowances for Degrees (if applicable)

D = Number of School Days employed in the semester

Y = Number of School Days in a school year

FTE = Teacher’s full-time equivalent status (as per 6.01.1)

9.03 Credit for Elementary and Secondary Teaching Experience

• • 9.03.1 Credit shall be given for all full-time and part-time teaching experience in elementary and secondary schools in Canada.
  • 9.03.2 Experience on contract less than a complete year shall be pro-rated as a decimal of a year, correct to one decimal place, computed as: Number of school days of experience divided by number of school days in school year, accumulated at the end of each school year.
  • 9.03.3 When accumulated experience equals or exceeds 0.6, placement on the salary schedule shall be at the next year of experience the following September.
  • 9.03.4 When accumulated experience is less than 0.6, placement on the salary schedule shall be at the grid position for the full number of years of experience plus the decimal equivalent of experience times the grid interval.  For example, 4.2 years shall be grid salary for 4 years plus 0.2 x (grid interval between 4 years and 5 years in the appropriate category).
  • 9.03.5 Part-time teaching experience will be pro-rated as a decimal of full-time teaching.
  • 9.03.6 When in the judgement of the Director of Education or designate, other teaching experience as deemed valid equivalent of teaching experience in Secondary and/or Elementary schools in Ontario, the allowance shall be set in accordance with the grids set forth in 9.01 and the Bargaining Unit shall be notified.

9.04 Related Industrial or Trade Experience

• • 9.04.1 Related Industrial or Trade Experience above the requirements for entrance to an Ontario Faculty of Education shall be paid as per grid to a maximum of seven (7) years. Six (6) months or more experience will count as a full year with the seven (7) year maximum without retroactivity of payment.

9.05 Business and Professional Experience

• 9.05.1 Business and Professional Experience either acquired after graduation from a university or other acceptable post-secondary school of learning, or acquired above requirements for entrance to an Ontario Faculty of Education shall be as per grid to a maximum of seven (7) years.  Six (6) months or more experience will count as one (1) year within the seven (7) years maximum without retroactivity of payments.

9.06 Documentation

• 9.06.1 The onus shall be on a newly hired Teacher to produce verification of the types of experience set forth in sections 9.04 and 9.05 within four (4) months of the effective date of hiring.
  • 9.06.1.1 At the point of hiring, the Board shall inform each newly hired Teacher of the necessity of producing the proof of experience.

9.07 Records

• 9.07.1 Upon hiring a Teacher, the Board shall inform the Teacher how to access their Collective Agreement on the Board website.
• 9.07.2 The Board shall provide to the Teacher a statement which indicates for each type of allowance granted:
  • 9.07.2.1 The total number of years and/or part-years accepted by the Board at the time of hiring and the dollar rate per year that was granted and
  • 9.07.2.2 The total number of years and/or part-years documented by the Teacher under each type of allowance whether granted or not.
• 9.07.3 The Board shall send Teachers a written acknowledgement of any changes in qualifications.
• 9.07.4 The Board may not reduce the allowance as specified in 9.04 and 9.05 once a Teacher is hired or first given an assignment.  Allowances for experience will in no way pierce the grid maximum category.

9.08 Department Heads (Positions of Added Responsibility) 

• 9.08.1 A Teacher appointed to a Department Head position shall hold Specialist Qualifications in at least one of the areas of the organisational unit. Should no Teacher hold the required Specialist Qualification, the Teacher appointed shall obtain such qualifications within one school year.  Should the appointed Teacher fail to obtain the required Specialist Qualification after one school year, the position will be re-posted.
• 9.08.2 A Teacher in a Department Head position must have at least one permanent section per semester at that School on their timetable. 
  • 9.08.2.1 In the event that no permanent Teacher applies for the position, a Teacher at the School in an LTO assignment may apply for the position. It is understood that the Department Head position held by the LTO Teacher will end upon the completion of their LTO assignment.

• 9.08.3 Interviews
  • An Interview Team of at least two persons, who shall be Superintendents, Secondary Principals or Vice Principals, shall conduct the interviews for positions of Department Heads.

• 9.08.4 Term of Appointment
  • Each appointment for a Department Head position (Major and Minor Heads) shall have a term of three (3) years, beginning on August 31, 2020.  

• 9.08.5 Designation
  • The designation of the positions allotted to each School will be equitable and determined by the school Principal and Branch President, after consultation with the teaching staff. Final approval shall be made by the Regional Superintendent of Education.

• 9.08.6 There shall be the equivalent of twenty-four (24) Major Department Heads in Schools.
• 9.08.7 The Board may create extra Department Head positions.  Consultation shall occur with the Bargaining Unit President or designate prior to such creation.
• 9.08.8 It is understood that two (2) Minor Department Heads equals one (1) Major Department Head.
• 9.08.9 A School shall have a minimum of one (1) Minor Department Head.
• 9.08.10  Department Head Allocation
  • 9.08.10.1 The allocation of Department Heads shall be as follows:

• • 9.08.10.2 Notwithstanding 9.08.10.1, given the distinct needs at PACE, there shall be one (1) distinct Minor Department Head at PACE as part of 9.08.6.
• 9.08.11 School principals may organize Schools using any combination of Department Heads (Major or Minor) providing it is in accordance with 9.08.8 and 9.08.10.1.
• 9.08.12 On or before June 30 of each year, the Superintendent of Business and Finance, will calculate the amount designated in the Grants for Student Needs for payment of the allowances to Major or Minor Department Heads in secondary schools for the following school year.
  • 9.08.12.1 The number of Major Department Heads for the Board will be determined by dividing the amount of funding designated for department heads from the Grants for Student Needs by the allowance for a Major Department Head, rounded up to the nearest whole number for the 3-year cycle.
  • 9.08.12.2 The allowance for a Major Department Head will be as follows:  
• September 1, 2019                 $4,250.14 (1% increase)
• September 1, 2020                 $4,292.64 (1% increase)
• September 1, 2021                 $4,335.57 (1% increase)
• It can pierce the maximum applicable grid salary.

• • 9.08.12.3 Minor Department Heads shall receive one half the allowance of Major Department Heads.

9.09 Board, Regional or District Positions 

• 9.09.1 Board, Regional or District positions may be created.  Examples of these positions are, but not limited to, coaches, leads, contacts, district SERT.  These are positions that are not assigned to a specific school.
• 9.09.2 Each Teacher holding a District SERT position shall be paid the following allowance:
• • September 1, 2019                 $7,804.52 (1% increase)
  • September 1, 2020                 $7,882.56 (1% increase)
  • September 1, 2021                 $7,961.39 (1% increase)
• 9.09.3A Teacher at an alternate worksite who is in charge of alternative education (PACE) shall be paid 110% of category 4 maximum as outlined in 9.01.

9.10 Allowances for Degrees

• 9.10.1 The allowance for a Master's Degree from an Ontario University or equivalent university shall be as outlined here below.  It can pierce the maximum applicable grid salary.

September 1, 2019                 $1,383.70 (1% increase)

September 1, 2020                 $1,397.54 (1% increase)

September 1, 2021                 $1,411.51 (1% increase)

9.11Allowance for Additional Qualifications

• 9.11.1 Effective Sept.1/2017, the Board shall provide $360 upon successful completion of any additional qualifications (AQ/ABQ/Masters) course. This allowance applies once per completed course and once per school year. It is understood that to qualify for this funding, approval must be granted by the Director of Education or designate.

9.12 Conferences

• 9.12.1 The Board shall reimburse the Teacher for all reasonable expenses, in accordance with Board policy, connected with any educational or teaching conferences, conventions, workshops or courses attended by the Teacher at the request of the Board.

9.13 Alternative Education

• 9.13.1 Alternate and Adult Education Teachers who teach in regular classes are to be paid in accordance with 9.01.

9.14 Summer School

• 9.14.1 Summer School Teachers are to be paid at the rate of per hour of 1/1000 minimum of Category 2 as specified in 9.01.

9.15 Independent Study

• 9.15.1 Teachers who teach by independent study shall be paid at the rate of per hour of 1/1000 minimum of Category 2 as specified in 9.01.

9.16 Night School

• 9.16.1 Teachers who teach at night school shall be paid at the rate of per hour of 1/1000 minimum of Category 2 as specified in 9.01.

9.17 Continuing Education

• 9.17.1 Teachers who teach continuing education credits shall be paid at the rate of per hour of 1/1000 minimum of Category 2 as specified in 9.01.  It is understood Continuing Education Teachers do not qualify for insured benefits as outlined in Article 12 (Benefits).

9.18 Correspondence (ILC) 

• 9.18.1Teachers who mark correspondence courses shall be paid according to the following:

10.01 Full-time Teachers, part-time Teachers and Teachers on reduced assignment who are allocated an equal number of periods in each semester shall be paid their annual salary in equal instalments every second Thursday between September 1 and August 31. This is usually 26 pay periods, but on occasion will correspond to 27 pay periods.

10.02                

• 10.02.1 Part-time Teachers and Teachers on reduced assignments who are allocated periods in only one semester shall be paid in equal payments on the same dates as full-time Teachers during that semester.
• 10.02.2 Part-time Teachers and Teachers on reduced assignments shall have the option to be paid their annual salary in equal payments on the same dates as the full-time Teachers during the school year providing that some of their teaching duties are in the first semester.
• 10.02.3 For a part-time Teacher, salary, sick leave allocation and any other entitlements that are not specified in other provisions of this Collective Agreement shall be prorated in the ratio that the Teacher’s assignment bears to a full-time assignment of 6.0 classes and 0.67 equivalent programs not to exceed 1250 minutes.

10.03 Where a Teacher works only a part of the school year, the Teacher shall be paid a salary in the proportion that the number of days which the Teacher works bears to the total number of work days in the school year.

10.04 Teachers taking any approved leave of absence shall have the option of receiving any salary owing up to the last day worked as a lump sum payment or equal payments during the summer months as per the pay schedule.  A Record of Employment (ROE) will be issued after the last payment.

10.05 Retroactive pay as a result of change in category or change in teaching assignment or promotion or resolution of grievance(s) or the signing of a memorandum of agreement shall be paid to the Teacher(s) within forty-five (45) calendar days.

10.06 Teachers who leave the employ of the Board will be paid any salary owing up to the last day worked.

10.07 Payment by each Teacher for statutory deductions and benefits determined by the Bargaining Unit shall be made in equal deductions.

10.08 Unless unforeseen circumstances occur, the Board shall provide the pay information slip to each Teacher at least one day prior to the day on which the direct deposit of the pay is made.

10.09 Each time there is a change in pay calculations (due to category change, FTE change, mid-year leave or return from leave, mid-year resignation or retirement), Teachers shall be provided with a copy of the calculation indicating how their new pay has been calculated, with the exception of the annual incrementing process.

10.10 For the purposes of reporting hours worked for Employment Insurance (EI), the Board shall record each full work day as 8 hours worked.

10.11 OSSTF Dues

• 10.11.1 On each pay date on which a Teacher is paid, the Board shall deduct from each Teacher the OSSTF dues. The amounts shall be determined by OSSTF in accordance with its constitution and forwarded in writing to the Board at least thirty (30) days prior to the expected date of change.
• 10.11.2 The OSSTF dues deducted in 10.11.1 shall be remitted to the Treasurer of OSSTF at 60 Mobile Drive, Toronto, Ontario M4A 2P3 no later than the fifteenth of the month following the date on which the deductions were made.  Such remittance shall be accompanied by a list identifying the Teachers, their Social Insurance Number, annual salary, salary for the period, and the amounts deducted.
• 10.11.3 Dues specified by the Bargaining Unit no later than June 30 of the preceding school year, if any, shall be deducted on each pay date and remitted to the Treasurer of OSSTF District 1 no later than the fifteenth of the month following the date on which the deductions were made.  Such remittance shall be accompanied by a list identifying the Teachers, their Social Insurance Number, annual salary, salary for the period, and the amounts deducted.
• 10.11.4 OSSTF and/or the Bargaining Unit, 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 OSSTF and/or the Bargaining Unit.

11.01 Effective Sept.1 2017, the Board shall provide the Bargaining Unit with $25,000 annually to be used at the Bargaining Unit’s discretion to fund Teacher-initiated professional development opportunities.

12.01 The Board shall assume the costs and administration of statutory benefits for all Teachers.

12.02 The Board will notify OTIP for all newly hired Teachers, to allow them to register in the benefits plan.

12.03 Long Term Disability (LTD) Insurance Plan

• 12.03.1 All Teachers shall participate in the Long Term Disability Insurance as a condition of employment subject to the terms of the OSSTF LTD plan administered by OTIP.
• 12.03.2 One hundred percent of the premium for the Long Term Disability plan shall be paid by the Teacher.
• 12.03.3 The Board neither is the policyholder of the Long Term Disability contract nor shall be liable should a claim for Long Term Disability be denied.  To be clear, differences arising under the LTD contract are not capable of being differences between the parties and cannot, therefore, be the subject matter of a grievance.

13.01 

• 13.01.1 When a Teacher is granted a leave of absence for a period of two (2) years or less, the Teacher shall return to the teaching staff at the same position they left provided it still exists. Otherwise they may return to an alternate position for which they are qualified at the discretion of the Board in consultation with the Bargaining Unit President and the Principal concerned.  The provision applies only if during the leave of absence, the Teacher informs the Board by April 1 preceding the end of the leave of absence, of their decision to return to this educational system.
• 13.01.2 Notwithstanding 13.01.1, a Teacher on a leave of absence may request to extend the leave on or before April 1 preceding the end of the leave of absence.
• 13.01.3 When a Teacher is elected to political office (Federal or Provincial) or to Provincial office of OSSTF, they will be granted upon request a leave of absence.  When the Teacher returns, they shall be given the first opportunity for a teaching position for which they are qualified in any secondary school under the jurisdiction of the Board where an opening exists, provided that by April 1 preceding the end of the leave of absence the Teacher informs the Board of their desire to return to this educational system.
• 13.01.4 Qualified teaching experience for the purposes of Article 9 (Salary Schedule and Allowances) will not accrue for a Teacher who is granted a leave of absence in accordance with 13.01.1 or 13.01.2.
• 13.01.5 A Teacher who has been granted a leave of absence according to 13.01.3 will be exempt from the provisions of this clause.  When a Teacher is granted a leave of absence for a period of more than two (2) years, the Teacher shall be given the first opportunity for a teaching position for which they are qualified, in any secondary school under the jurisdiction of the Board where an opening exists, provided that by April 1 preceding the end of the leave of absence, the Teacher informs the Board of their decision to return to this educational system.

13.02 Deductions from Sick Leave Allocation

• 13.02.1 Absence over five (5) school days may be certified by a qualified chiropractor, medical or dental practitioner.
• 13.02.2 Notwithstanding 13.02.1, the Director of Education or designate may require, given reasonable grounds, a Teacher to submit a certificate for a period of absence fewer than five (5) days from a Board approved medical practitioner.
• 13.02.3 The Board will pay the cost of any medical certificate from the Board’s approved medical practitioner requested by the Board with reasonable grounds.
• 13.02.4 Deduction for absence because of illness, emotional or physical disability shall be calculated to the nearest quarter of a day.

13.03 Absence Covered by Workplace Safety Insurance Board (WSIB)

• 13.03.1 A Teacher shall have the right to use their sick leave allocation, on a pro-rated basis, to supplement their salary award by the Workplace Safety Insurance Board, provided that the combined sums do not exceed their regular salary for the period of the award.

• 13.04.1 Five (5) days per year shall be provided for absences for medical appointments and shall not be deducted from their sick leave allocation. These shall be calculated to the nearest quarter of a day.  

13.05 Bereavement and Serious Illness Leave

• 13.05.1 Provided that the Teacher has given verbal notification to the Principal or designate prior to the taking of the leave, the Teacher will be granted absence from duty because of bereavement or serious illness in the Teacher’s immediate family up to, but not exceeding five (5) school days on each occasion, with pay and benefits outlined in Article12 (Benefits).  For example, leave will be granted to accompany an immediate family member, suffering from a serious illness, to an out of town appointment/procedure with a medical specialist providing the Teacher submits a doctor’s certificate attesting to the purpose of the visit.

13.06 Compassionate Leave of Absence

• 13.06.1 Compassionate leave is leave which is granted to a Teacher because of a crisis in the immediate family or a personal crisis.  A leave of this nature will usually cover extraordinary circumstances that are beyond the individual member’s control and which require that individual’s personal and immediate attention.
• 13.06.2 Exclusive of absence due to sickness, the Board through the Director of Education or designate may grant Compassionate leave up to a maximum of five (5) days with pay and benefits under Article 12 (Benefits) for any individual request.  Compassionate leave may be received consecutively and in addition to the number of days granted in 13.05.1.

13.07

• 13.07.1 For the purpose of article 13.05 and 13.06, “immediate family” shall be defined as the Teacher’s:
  • spouse, fiancé(e)
  • child, son-in-law, daughter-in-law, sibling, brother-in-law, sister-in-law, grandchild, foster child, ward
  • parent, parent-in-law, grandparent, guardian, dependent family member
  • aunt, uncle, niece, nephew
  • as defined by the Ontario Human Rights Code
• 13.07.2 However, there may be exceptional situations where the Teacher may be granted leave, subject to the approval of the Director of Education or designate.

13.08 Leave for Personal Business

• 13.08.1 Exclusive of absence due to sickness, the Board will grant three (3) personal leave days annually without loss of salary, experience, seniority, or benefits to a Teacher, upon request to the Principal.
• 13.08.2 Whenever possible, five (5) days notice shall be given.
• 13.08.3 Except for unusual circumstances, personal leave days shall not be used immediately preceding or immediately following school breaks – Christmas and March Break.

13.09 Leave for Examinations

• 13.09.1 Leave of absence for one day without loss of pay, experience, seniority, and benefits under Article 12 (Benefits) will be granted to a Teacher to write an examination, written to improve his/her professional or academic qualifications.

13.10 Yearly Leave for OSSTF Officers

• 13.10.1 Upon written application to the Board by the Bargaining Unit, the Board through the Director of Education or designate will grant leave for OSSTF Business.
• 13.10.2 The Bargaining Unit shall notify the Board of the names of Teachers to receive such OSSTF leave.
• 13.10.3 The Board shall hire Occasional Teachers to replace a Teacher on leave for OSSTF Business.
• 13.10.4 Provided the Board receives notification by May 31 in the preceding school year, the Board will grant leave for designated member(s) of the Bargaining Unit for OSSTF duties without reduction in pay, allowances, benefits, increment, experience, seniority, or sick leave allocation.  The cost incurred of these long-term leaves will be borne by the Bargaining Unit who shall reimburse the Board at the cost of Category 2 minimum for two full-time equivalent Teachers.  The balance of approved long-term leaves shall be reimbursed at the actual cost of salary and benefits.
  • 13.10.4.1 The Bargaining Unit shall reimburse the Board for any additional salary allocations, as determined by the Bargaining Unit.
• 13.10.5 Leaves referred to above shall be without reduction in pay, allowances, benefits, increment, experience, seniority or sick leave allocation.
• 13.10.6 The Teacher(s) on leave for OSSTF Business shall retain all rights outlined in this Collective Agreement as though he/she/they were teaching full-time.

13.11 Leave for Grievance, Arbitration, and/or Mediation

• 13.11.1All Teachers required for grievance, arbitration, and/or mediation shall be granted leave without reduction in pay, allowances, benefits, increment, experience, seniority, or sick leave allocation.  The Board shall provide and the Bargaining Unit shall pay for Occasional Teachers to replace the said Teachers.
• 13.11.2 There shall be no reprisals of any kind taken against any person(s) because of participation in negotiations, grievance, arbitration, and/or mediation, or because of the carrying out of OSSTF duties.

13.12 Other Leaves Requested by the Bargaining Unit

• 1.12.1 All other Bargaining Unit requested leaves as approved by the Director of Education or designate shall be without reduction in pay, allowances, benefits, increment, experience, seniority, or sick leave allocation.  The Board shall provide, and the Bargaining Unit shall pay for, Occasional Teachers to replace said Teachers.  Approval of such leaves shall not unreasonably be withheld, provided advanced notice of at least one week is given when possible.

13.13 Leave for the Birth of a Child

• 1.13.1 A Teacher shall be granted a leave of two (2) days without loss of salary, benefits, experience or seniority upon the birth of the child.

13.14 Emergency Leave

• 13.14.1 If a Teacher is unavoidably detained due to unforeseen circumstances, the Board may grant an emergency leave without loss of salary, benefits, experience or seniority.
• 13.14.2 The Teacher shall notify the school of the delay as soon as reasonably possible.

13.15 Inclement Weather

• 13.15.1 A Teacher who is unavoidably detained or unable to report to work from their domicile because of inclement weather shall be granted leave without loss of salary, benefits, experience or seniority.

13.16 Quarantine

• 13.16.1 Leave with pay and without loss of benefits, experience or seniority shall be granted to a Teacher for a period of quarantine when declared by the Medical Officer of Health or designate.

13.17 Other Paid Leaves

Any other paid leave may be granted at the sole discretion of the Director of Education or designate.

14.01 Leave for Jury or Witness Duty

• 14.01.1 Leave of absence shall be granted without deduction of salary, experience, seniority, and benefits under Article 12 (Benefits) when a Teacher is required to serve on a jury or as a subpoenaed witness in any proceeding.

14.02 Pregnancy Leave

• 14.02.1 Pregnancy Leave means leave taken for purpose of giving birth and/or recovering therefrom.  A pregnant Teacher shall be entitled to Pregnancy Leave on a no pay basis as provided for in this Agreement.
• 14.02.2 A pregnant Teacher who intends to take Pregnancy Leave shall notify the Board of the dates on which she intends to leave and return to active employment.  The actual dates of leaving and returning may be altered for medical reasons.
• 14.02.3
  • 14.02.3.1 A Teacher returning from Pregnancy Leave to active employment shall be reinstated to the position which she held prior to Pregnancy Leave.  The Teacher may agree to accept an alternate position offered by the Board.
  • 14.02.3.2 Notwithstanding 14.02.3.1, the Teacher returning from Pregnancy Leave is subject to Article 18 (Seniority, Transfer, Surplus, Displacement, Redundancy and Recall Procedures).
• 14.02.4 The timing and length of the Pregnancy Leave will be in accordance with the relevant clause in The Employment Standards Act currently in force.
• 14.02.5 The Board will continue to pay the benefits for a Teacher on Pregnancy Leave in accordance with Article 12 (Benefits) and insured benefits will be provided in accordance with the Employment Standards Act.
  
  

14.03 Supplemental Employment Benefits (SEB) Plan

• 14.03.1 The Board shall provide for Teachers, a SEB plan to top up their E.I. Benefits.  The teacher who is eligible for such leave shall receive salary for a period immediately following the birth of her child, but with no deduction from sick leave or the Short Term Leave Disability Program (STLDP).  The SEB Plan pay will be the difference between the gross amount the Teacher receives from E.I. and her regular gross pay.
• 14.03.2 SEB payments are available only to supplement E.I. benefits during the absence period as specified in this plan.
• 14.03.3 The Teacher must provide the Board with proof that she has applied for and is in receipt of Employment Insurance benefits in accordance with the Employment Insurance Act, as amended, before SEB is payable.
• 14.03.4 Teachers not eligible for Employment Insurance benefits or the SEB plan will receive 100% of salary from the Board for a total of not less than eight (8) weeks with no deduction from sick leave or STLDP.
  • 14.03.4.1 For clarity, for any part of the eight (8) weeks that falls during a period of time that is not paid (e.g. summer, March Break, etc.), the remainder of the eight (8) weeks of top-up shall be payable after that period of time.
• 14.03.5 Teachers who require a longer than eight (8) week recuperation period shall have access to sick leave and the STDLP through the normal adjudication process.
• 14.03.6 If a Teacher begins pregnancy leave while on an approved leave from the Board, the above maternity benefits provisions apply.
• 14.03.7 The start date for the payment of the pregnancy benefits shall be the earlier of the due date or the birth of the child.
• 14.03.8 Births that occur during an unpaid period (i.e. summer, March break, etc.) shall still trigger the pregnancy benefits.  In those cases the pregnancy benefits shall commence on the first day after the unpaid period.
• 14.03.9 Notwithstanding 14.03.1 – 14.03.8 above, the pre-existing benefit from the 2008-12 Collective Agreement shall continue as follows:
  • 14.03.9.1 For Pregnancy Leave only, the top-up will provide for one hundred percent (100%) of the Teacher’s regular salary for the one (1) week waiting period, and the difference between what the Teacher received from E.I. and their regular wage for a maximum of a further thirteen (13) week period following the birth of the child. 
  • 14.03.9.2 In the event that the disruption in benefits caused by unpaid period(s) described above (i.e. summer, March Break, etc.) would result in a benefit to the Teacher of less than eight (8) weeks of 100% salary, the balance, to a maximum of eight (8) weeks of 100% salary (including the one (1) week waiting period) shall be payable after that unpaid period.
• 14.03.10 Nothing in this Article shall remove from the Teacher any of the rights to which she is entitled to under the provisions of the Employment Standards Act or this Collective Agreement.
• 14.03.11The Board shall not intimidate, discipline, suspend, layoff, dismiss or impose a penalty on the Teacher because the Teacher is or will become eligible to take, intends to take or takes Pregnancy Leave.

14.04 Adoption Leave

• 14.04.1 Adoption Leave shall be granted without pay. The timing and length of the adoption leave shall be the same as 14.02.4.           
• 14.04.2 A Teacher who intends to take Adoption Leave shall notify the Board of the dates on which the Teacher intends to leave and return to active employment.
• 14.04.3 Subject to Article 18 (Seniority, Transfer, Surplus, Displacement, Redundancy and Recall Procedures), a Teacher returning from Adoption Leave shall be reinstated to the position which they held prior to Adoption Leave.  The Teacher may agree to accept an alternative position offered by the Board.
• 14.04.4 A Teacher on Adoption Leave may continue to benefit from the Benefit Plans in accordance with Article 12 (Benefits).  
• 14.04.5 A Teacher shall be granted a leave of three (3) days without loss of salary upon the availability of a child to be adopted by them.
• 14.04.6 The Board shall provide for Teachers on Adoption Leave a supplemental employment benefits plan approved by the Canada Employment and Immigration Commission in accordance with this article.
  • 14.04.6.1 This plan will pay an allowance equal to ninety-five percent of the Teacher’s normal weekly earnings during the first two (2) weeks of adoption leave, which includes the one (1) week waiting period for Employment Insurance Adoption Benefits.
  • 14.04.6.2 In order to qualify for the allowance stipulated in 14.04.6.1, the Teacher must be eligible and make application for Employment Insurance benefits prior to the allowance being payable.

14.05 Parental Leave

• 14.05.1 The definition of Parent and Parental Leave shall be the same as The Employment Standards Act of Ontario.
  • 14.05.1.1 A Teacher who has been employed by the Board for at least thirteen (13) weeks and who is the parent of the child is entitled to Parental Leave.
    • 14.05.1.1.1 The timing and length of the Parental Leave will be in accordance with the relevant clause in The Employment Standards Act currently in force.
  • 14.05.1.2 The leave may begin no more than thirty-five (35) weeks after the day the child is born or comes into the custody, care and control of a parent for the first time.
  • 14.05.1.3 The Board will continue to pay the benefits for a Teacher on Parental Leave in accordance with Article 12 (Benefits) and insured benefits will be provided in accordance with the Employment Standards Act.
• 14.05.2
  • 14.05.2.1 Application for this leave must be made in writing to the Director of Education at least two (2) weeks prior to the date the leave is to begin.
  • 14.05.2.2 This notice does not apply in the case of a Teacher who is the parent of a child and who stops working because the child comes into the custody, care and control of a parent for the first time sooner than expected.
  • 14.05.2.3 The Parental Leave described in 14.05.1.1 begins on the day the Teacher stops working.
  • 14.05.2.4 The Teacher must then give the Board written notice that the Teacher wishes to take leave within two (2) weeks after the Teacher stops working.
• 14.05.3 Upon request, Parental Leave may be extended for a period of up to two (2) years.
  • 14.05.3.1 During an extended Parental Leave, a Teacher shall not be entitled to any benefits except those explicitly granted by 14.05 or any related Act or Regulation.
  • 14.05.3.2 The Board shall pay 95% of the Teacher’s salary for the first two weeks of Parental Leave, providing it is not an extension of a Pregnancy Leave.
• 14.05.4 The Board shall not pay the benefits contribution for the period of extended leave under 14.05.3, nor shall the Bargaining Unit be liable for benefits during this extended leave.
• 14.05.5 The Board shall not intimidate, discipline, suspend, lay off, dismiss or impose a penalty on the Teacher because the Teacher is or will become eligible to take, intends to take or takes Parental Leave.
• 14.05.6 The Teacher who has given notice to begin Parental Leave as per 14.05.2.1 may change the notice to an earlier date if the Teacher gives the Board at least two (2) weeks written notice before the earlier date.
  • 14.05.6.1 The Teacher who has given notice to begin Parental Leave as per 14.05.2.1 may change the notice to a later date if the Teacher gives the Board at least two (2) weeks written notice before the leave was to begin.
  • 14.05.6.2 The Teacher who has given notice to end Parental Leave may change the notice to an earlier date if the Teacher gives the Board at least four (4) weeks written notice before the earlier date.
  • 14.05.6.3  The Teacher who has given notice to end Parental Leave may change the notice to a later date if the Teacher gives the Board at least four (4) weeks written notice before the date leave was to end.
• 14.05.7 The Board shall permit a Teacher to return to the duties the Teacher most recently held with the Board or to a comparable position should that one no longer exist at the end of the Parental Leave with no loss of seniority rights or benefits accrued prior to the commencement of the Parental Leave.
  • 14.05.7.1 Notwithstanding this provision, the Teacher is subject to Article 18 (Seniority, Transfer, Surplus, Displacement, Redundancy and Recall Procedures).
  • 14.05.7.2 The Teacher shall continue to accrue seniority and experience during Parental Leave except during extended periods granted under 14.05.3.

14.06 A Teacher returning to active teaching duties, with the Board, after a leave of absence shall be entitled to their sick leave allocation.

14.07 A Teacher returning to active teaching duties, with the Board, after a leave of absence shall be entitled to the same seniority rights that they would accumulate at the rate they enjoyed prior to leaving.  This excludes a Teacher who applies for leave to other jobs that offer similar security of employment.  A Teacher granted such leave shall not be eligible for any increment or increase in salary that would have been received had the leave not been taken.  A Teacher granted such leave and the Bargaining Unit President will sign an agreement stating the duration of the leave and whether seniority rights will accrue or not during the leave prior to the taking of the leave.  

15.01 Sick Leave Credit Gratuity

• 15.01.1 All Teachers hired prior to September 1, 1998 shall continue to receive the retirement gratuity as specified in the Collective Agreement which was negotiated between the former Bargaining Unit and Predecessor Board.  The applicable provisions and the list of Teachers who receive the provisions will be listed in Appendix A (Sick Leave Gratuity Plans and Entitled Teachers).

15.02 Group Retirement Savings Plan  

• 15.02.1The Board shall make a contribution of $3500 to the Group Retirement Savings Plan on behalf of each Teacher hired effective or after September 1, 1998.  The Teacher shall receive the contribution after two continuous school years of employment. The calculation of service is to commence from September 30, or February 28, of the semester of hire.  No current or past Teacher shall be eligible to receive this amount from the Board more than once.
• 15.02.2 The Bargaining Unit shall determine the carrier and plan design for the Group Retirement Savings Plan.

17.01 Secondary Schools Staffing Committee

• 17.01.1 A District School Board Ontario North East Secondary Schools Staffing Committee shall be composed of the three Supervisory Officers, the Superintendent of Education with the Human Resources portfolio, and three representatives from the Bargaining Unit selected by the Bargaining Unit.
• 17.01.2 The Committee shall meet prior to the date for the declaration of surplus to share information on staffing allocation procedures and consider any operational concerns with the interpretation or application of the surplus provisions of Article 18 (Seniority, Transfer, Surplus, Displacement, Redundancy and Recall Procedures).
• 17.01.3 The Committee shall review the communications procedures expected at the school level with the school Principal.
• 17.01.4 The Committee shall review the list of surplus staff.
• • 17.01.4.1 The Committee shall review the list of redundant staff.
  • 17.01.4.2 The Staffing Committee shall review the distribution of classroom Teachers within schools at least twice during the school year, at the request of either party.
• 17.01.5 The Committee shall meet as required above or at any other times as requested by either party.
• 17.01.5.1 The Committee shall monitor the application of the workload provisions.
• 17.01.6 The Committee shall review by May 15^th the Projected Student Enrolment and the application to staffing as it pertains to the determination of the staff complement.

17.02 In School Staffing

• 17.02.1 The Principal and Branch President or designate shall review the administration and application of the staffing provisions contained in the Collective Agreement and the method of staffing the School during the school year, including the allocation of instructional time (teaching assignments) and supervision responsibilities, prior to the Teachers being informed of such allocation.  

17.03 The Principal and Branch President or designate will review the allocation of instructional time at least two (2) times during the school year, at the request of either party.

17.04 The Principal and Branch President or designate shall review the timetables of teaching staff by September 30th and March 1 of each year and forward unresolved issues to the Secondary Schools Staffing Committee.

17.05 External Hiring

• 17.05.1Provided that there is no redundant Teacher who is qualified in accordance with the Education Act and Regulations as amended, for the vacancy, the Board shall hire a non-redundant Teacher with less than a full-time assignment who is qualified for the position in accordance with the Education Act and Regulations as amended and who has applied for the position within the dates specified in the posting.
• 17.05.2 The Board may hire externally for any teaching position(s) provided that no redundant Teacher or no non-redundant Teacher with less than a full-time assignment, who has applied, is qualified for the position in accordance with the Education Act and Regulations as amended.

17.06 Teams assembled for the purpose of interviewing candidates for positions in OSSTF Bargaining Units shall not include OSSTF members.

17.07 The Board shall supply the Bargaining Unit President or designate with the following, on an annual basis: 

• 17.07.1 An updated list of Teachers and newly hired Teachers including their F.T.E., on or before September 30 and on or before February 28. 
• 17.07.2  A list of F.T.E.’s as of October 31, on or before November 30. 

18.01 Seniority

The Board shall develop a list of all Teachers with the Board in order of their acquired seniority as of October 31 and as of March 1.   

18.02 Any approved absence including layoff with recall rights shall not be considered an interruption of continuous secondary service.

18.03 In determining the length of continuous service with the Board, each year of part-time teaching shall be considered a full year of continuous service for that part-time assignment.

18.04 Notwithstanding 1.23, for persons engaged to teach under the authority of a Letter of Permission, seniority shall not accrue during the term of the teaching assignment unless the Teacher is granted an Ontario Teacher’s Certificate and then the seniority will be retroactive to the beginning of the continuous assignment.

18.05 The seniority list shall be emailed to all Teachers currently on the seniority list and to the Bargaining Unit President no later than October 31 and March 1 of each school year.

18.06 

• 18.06.1 The list shall be rank ordered such that the most senior Teacher is at the top of the list and the most junior is at the bottom.
• 18.06.2 Teachers hired on or after January 1, 1998 shall be added to the seniority list based on the date and time of hiring.

18.07 Should a tie in rank ordering occur based on the first day of continuous secondary experience, or in the case of Teachers hired on or after January 1, 1998, the date and time of hiring, the following criteria shall be used to break the tie:

• 18.07.1 additional years of secondary teaching experience with the Board or its Predecessor Boards;
• 18.07.2 additional years of elementary teaching experience with the Board or its Predecessor Boards;  
• 18.07.3additional years of teaching experience in Ontario;
• 18.07.4 additional years of teaching experience in Canada;
• 18.07.5 additional years of teaching experience outside of Canada;
• 18.07.6 category placement; or
• 18.07.7 by lot conducted by the Director of Education or designate and the Bargaining Unit President or designate.
• 18.07.8 In applying the above criteria, the steps shall be applied in order as required until the tie is broken.
• 18.07.9 The Teacher shall be responsible for providing the appropriate documentation acceptable to the Board for any teaching experience outside the Board or its Predecessor Boards.

18.08 Teacher Exchange

• 18.08.1Teachers who wish to be considered for an exchange with a Teacher in another secondary school for the following semester must inform the Director of Education or designate in writing no later than three (3) months prior to the end of the semester.
• 18.08.2 A request for exchange shall include a list of:
  • 18.08.2.1 qualifications;
  • 18.08.2.2 the areas in which the Teacher has taught, but for which the Teacher is not qualified; and
  • 18.08.2.3 the areas in which the Teacher would like to teach.
• 18.08.3 All such requests as per 18.08 shall remain on file with the Regional Superintendent(s) of Schools or designate(s) for a school year.

18.09 Teacher Transfers

• 18.09.1 Any transfer which is mutually agreeable to the Teacher and the Director of Education or designate may be arranged at any time.
• 18.09.2 Requests for voluntary transfer to a job which has become available at a high school within the Board will be considered before the Board hires a new Teacher.

18.10 Administrative Initiated Transfers

• 18.10.1 Administrative initiated transfers are those recommended to meet curriculum-based or program needs as determined by the appropriate Regional Superintendent of Schools.
• 18.10.2 Administrative initiated transfers outlined in 18.10.1 shall not be used as a disciplinary measure.
• 18.10.3 Administrative initiated transfers shall occur only within Entities.
• 18.10.4 Any Teacher who is subject to an administrative initiated transfer shall be notified as soon as possible but no later than June 7 of the preceding school year.
  • 18.10.4.1 Any Teacher who is subject to an administrative initiated transfer shall not suffer any loss of allowances for the remainder of their headship term.
  • 18.10.4.2 Upon request, the Teacher subject to an administrative initiated transfer shall be granted an interview with the Regional Superintendent of Schools.  The Teacher shall have the right to Bargaining Unit representation during this meeting.
• 18.10.5 When a Teacher is subject to an administrative initiated transfer from a School in one municipality to a School in another municipality within the Entity, the Board will pay the Teacher an allowance of one thousand one hundred dollars ($1,100) per semester, while at the new School.
• 18.10.6 A Teacher who is transferred within the Entity formed by Roland Michener Secondary School and Timmins High and Vocational School shall not be entitled to the allowance outlined in 18.10.5.

18.11 Surplus Declaration

• 18.11.1 In schools that are staffed in excess of staff complement, adopted by the Board, the least senior Teachers who are not qualified in accordance with the Act and Regulations as amended, or who do not have teaching experience, university background or related work experience in the subject areas required to staff the schools, shall be declared surplus to the School.  
• 18.11.2 Notwithstanding 18.11.1, the least senior Teachers within the Entity shall be declared surplus to the Entity and the staffing of the Schools within the Entity shall be adjusted to reflect the requirements of staffing.

18.12 Teachers on any approved leave shall appear on the staff list of the originating School or Entity.

18.13 The principal concerned shall notify in writing a Teacher who is to be declared surplus no later than May 15.  Such notification is to be preceded by an interview with the Teacher in the presence of the Branch President or designate concerned.

18.14 The Bargaining Unit President shall be provided with all relevant information regarding surplus declarations such as projected enrolment, preliminary staffing allocation, and current seniority list, prior to the declarations.

18.15 A Teacher who is declared surplus and has been placed in another School or Entity shall have the right to return to a teaching position for which they are qualified in accordance with the Education Act and Regulations as amended which become available at the School or Entity from which the Teacher was declared surplus within a school year of the placement.

18.16 In order to facilitate the staffing process, known vacancies for Board, Regional or District positions shall be posted by May 1 and filled by May 31 for the following school year.

• 18.16.1 All Teachers may apply for new Board, Regional or District positions.

18.17 Displacement Process

• 18.17.1 Surplus Teachers, Teachers who are currently on the recall list and Teachers in jeopardy of being displaced in the process shall have the opportunity to participate in the displacement process.

18.18 Should any position at a Teacher’s Entity become available after the surplus procedure has been completed and prior to the end of the displacement process, such a position shall be given, on the basis of seniority to a Teacher who was declared surplus provided the Teacher is qualified or can become qualified in accordance with the Education Act and Regulations as amended by the effective date of the commencement of the position.

18.19 The principal of the school shall adjust staffing within the school to accommodate the displacement so that the most junior qualified Teacher in the system who is not declared redundant can be displaced.

18.20 Notwithstanding 18.19, should the qualifications held by the staff of the school not meet the qualifications required by the Education Act and its Regulations as amended to fill the vacancy, then the next most junior qualified Teacher in the system who is not declared redundant in the system will be displaced.

18.21 The number of displacements shall be kept to a minimum.

18.22 The vacancy options sheet shall be provided to all Teachers involved in the displacement process.

18.23 Teachers shall have at least 72 hours to make their choice known on the vacancy options sheet.

18.24 All Teachers participating in the displacement process shall have the right to release a partial timetable at their originating School in order to select an increased FTE workload at another School, that is available on the vacancy options sheet, without losing any part of their FTE status.  To be eligible to increase their FTE in this manner, a Teacher must choose a position that will increase their FTE by at least 0.33.

18.25 A Teacher may elect to refuse a position on the vacancy options sheet, based on travel/geography, to be declared redundant, and be placed on the recall list.

18.26 Teachers shall have the right to OSSTF representation throughout the displacement process.

18.27 Redundancy

• 18.27.1 Should a reduction in staff become necessary, the least senior Teachers who are not qualified in accordance with the Education Act and Regulations as amended, or who do not have teaching experience, university background or related work experience in the subject areas required to staff the schools, shall be declared redundant.
• 18.27.2 Such Teachers shall be informed of their redundancy in writing by the Board no later than June 7.
• 18.27.3 The number of qualified Teachers declared redundant by the Board shall not exceed the total reduction of staff, based on the staffing complement adopted by the Board.
• 18.27.4 Reductions in qualified Teachers shall start at the bottom of the Seniority List with the least senior Teacher and proceed up the ranked list, subject to the displacement process.
• 18.27.5 The Board shall continue to pay the benefits contribution until August 31 of the year in which the Redundant Teachers are declared redundant.
• 18.27.6 The Bargaining Unit President or designate shall be provided with all relevant information prior to declaration of redundancy.

18.28 Recall

• 18.28.1 The Board shall recall redundant Teachers to vacancies on the basis of seniority and qualifications in accordance with the Education Act and Regulations as amended.
• 18.28.2 The Board shall establish and maintain a recall list of all Teachers declared redundant.
• 18.28.3 Teachers who have been declared redundant shall, for a period no longer than two (2) consecutive school years, be recalled to vacancies based on seniority and be reinstated as though there had been no interruption in service.
• 18.28.4 Notwithstanding 18.28.3, the Teacher who is being recalled must be qualified in accordance with the Education Act and Regulations as amended for the position for which he/she is being recalled.
• 18.28.5 When a position becomes available, the Board shall contact the Teacher being recalled by Board email.  The recall notice (which includes the Teacher’s name) shall also be emailed to the Bargaining Unit President.
• 18.28.6 The Bargaining Unit President shall also be provided with a copy of all recall positions being offered.
• 18.28.7 The Teacher must respond within five (5) calendar days of the date of the email.
• 18.28.8 A Teacher has the right to refuse recall to a position offered by the Board, other than in the originating School or within the originating Entity, without prejudice to the Teacher’s recall rights.
• 18.28.9 A position offered within the originating Entity that the Teacher is qualified to teach and that fits within the Teacher’s current permanent assignment that is not responded to or refused will result in the Teacher being removed from the recall list for the portion of the FTE that was offered.

18.29 Other Options

• 18.29.1 Redundant Teachers shall have the right to become Occasional Teachers without losing recall rights.  
• 18.29.2 Redundant Teachers shall have the right to continue their seniority as an Occasional Teacher, without loss of seniority rights.
• 18.29.3 Redundant Teachers on the Recall List shall be placed in order of seniority and qualifications into positions to replace a Teacher who has died during a school year.
• 18.29.4 Redundant Teachers shall have the first right to classes in continuing education and summer school provided they are qualified in accordance with the Education Act and Regulations as amended.
• 18.29.5 Redundant Teachers shall have the right to severance pay of four (4%) percent of the sum of their salaries, including grid placement and all allowances, for up to a maximum of the previous five (5) years of service.
• 18.29.6 The Redundant Teacher shall decide whether to go on the Recall List or accept the severance pay and communicate his/her decision in writing to the Director of Education or designate on or before the last school day in June.
• 18.29.7 The Parties agree that the acceptance of a severance allowance terminates all Employer-Teacher obligations.
• 18.29.8 Should the Redundant Teacher decide to accept the severance pay outlined in 18.29.5, it shall be paid on or before Aug 31.
• 18.29.9 Redundant Teachers shall have the right to request and have granted a total of two (2) days leave singularly or consecutively without loss of pay, benefits, sick leave allocation, experience, or seniority for scheduled job interview(s).
• 18.29.10 IMPORTANT DATES (FOR REFERENCE)

19.01 A Teacher shall have access to his/her personnel file maintained by the Director of Education or designate at the Board office.

19.02 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.

19.03 

• 19.03.1 Where a Teacher disputes the accuracy or completeness of any such information, other than the evaluation report, the Teacher shall do so in writing.
• 19.03.2 This information shall be added to the Teacher’s file.

19.04 Upon written request of the Teacher to the Superintendent of Education with the Human Resources portfolio, documents contained in the Teacher’s personnel file which are disciplinary in nature and all supporting documents shall be removed from the file two (2) years after their date of issue, unless further similar disciplinary action has occurred in that period.

19.05 Notwithstanding 19.04, 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 a Teacher’s file.

20.01 No Teacher shall be required to do any medical or physical procedure for pupils that might in any way endanger the safety or well-being of the pupil or subject the Teacher to risk of injury or liability for negligence.

21.01 The Employer shall recognize its obligations to provide a safe and healthful environment for employees and to carry out all duties and obligations under the Occupational Health and Safety Act and its accompanying Regulations as minimum acceptable standards.

21.02 The Bargaining Unit’s representative(s) to the Joint Health and Safety Committee shall be reimbursed by the Employer for any approved expenses incurred while the representatives are performing their duties.

21.03 The Employer shall respond to all recommendations made by the Joint Health and Safety Committee within twenty-one (21) calendar days.

21.04 The Employer agrees to develop explicit policies and procedures to deal with violence.  The policy shall address the prevention of violence, the management of violent situations, and support to Teachers who have faced violence.  

22.01 Purpose

• 22.01.1 The purpose of the Leave with deferred salary is to allow the Board to give experienced Teachers a period of “revitalization” outside the teaching profession while at the same time permitting young Teachers to gain experience in their absence.  This plan may be viewed as a job-sharing plan.

22.02 Description

• 22.02.1 Leave with deferred salary is sometimes known as the “Four Year Over Five Plan”, in which the participant works four years at 80% of gross salary in return for a one year leave at approximately the same rate, in this case, a greater or lesser number of years may be utilised in the calculation.  In effect, “Four Years Over Five Years” becomes X years over (X+1) years.

22.03 Qualifications

• 22.03.1 The Teacher must have three (3) years of continuous service with the Board prior to the start of the one (1) year leave.  However, a Teacher who has had a sabbatical leave shall not become eligible until they shall have fulfilled all obligations imposed by that leave.

22.04 Application

• 22.04.1 A Teacher must make written application to the Board, through the appropriate Supervisory Officer on or before February 28 of any year, in which is described the applicant’s proposal with respect to a Deferred Salary Plan and the timing of the leave of absence.

22.05 Approval or Denial

• 22.05.1 The right to approve or to deny any application shall rest solely with the Board.  Written advice of approval or of denial, with explanation, shall be delivered to the applicant not later than May 30 following the date of application.

22.06 Conditions

• 22.06.1 The leave of absence shall commence on the first day of the first semester or the first day of the second semester.
• 22.06.2 The deferred salary shall be placed in trust with the Board’s bank and interest earned thereby shall accrue to the benefit of the trust in accordance with the Trustee Act.  Throughout a Teacher’s participation in the plan, the control of the trust shall be vested solely in the Board on behalf of the participant.
• 22.06.3 During the Leave of Absence, the sum accumulated in the trust, including accrued interest thereon, shall be paid to the participant in the same manner as would their salary were they not on Leave of Absence.
• 22.06.4 A participant may withdraw from the plan at any time prior to March 15 preceding the commencement of the Leave of Absence. Upon withdrawal, the sum accumulated in the trust including accrued interest thereon, shall be paid to the participant within sixty (60) days following delivery to the appropriate Supervisory Officer, of written notification of withdrawal.
  • 22.06.4.1 A declaration of redundancy shall be deemed to be a written notice of withdrawal and the above terms will apply.
  • 22.06.4.2 Notwithstanding 22.06.4.1, the Teacher may request a suitable repayment schedule of the sum accumulated in the trust including accrued interest thereon in no more than two (2) lump sums, and in not more than two (2) calendar years, including the year of withdrawal.
• 22.06.5 In case of the death of a participant prior to commencement of the Leave of Absence, the sum accumulated in the trust, including accrued interest thereon, shall be paid to the estate of the participant within sixty (60) days following the date of death.  In the case of the death of a participant during the Leave of Absence, the sum remaining in the trust, including accrued interest, shall be paid to the estate of the participant within sixty (60) days following the death.
• 22.06.6 The Teacher, on return from leave, will be assigned to their same school (including Department Head positions).
• • 22.06.6.1 The Teacher, on return from leave, will be subject to the provisions of Article 18 (Seniority, Transfer, Surplus, Displacement, Redundancy and Recall Procedures).
• 22.06.7 The Teacher on returning from the year of leave will be credited with seniority as if the Leave of Absence had not been granted.  They will not gain a (1) year on the salary grid.
• 22.06.8 No restrictions may be placed on the Teacher by the Board regarding their activities during the leave save and except any restrictions that may exist in the Income Tax Act.
• 22.06.9 The Bargaining Unit agrees that the replacement Teacher will be hired for the duration of the leave of absence only and will not be subject to retention procedures.
• 22.06.10 The Teacher is responsible to apply to the Teachers’ Pension Plan and make all arrangements for the leave. The Board will not be responsible for any loss of cumulative years in the Teachers’ Pension Plan as a result of the leave.
  • 22.06.10.1 Teachers’ Pension Plan deductions are to be continued during the leave.
• 22.06.11 One semester leaves are conditional upon the availability of a suitable replacement Teacher.

23.01 All correspondence between the parties arising out of this Collective Agreement or incidental thereto, shall pass to and from the Superintendent of Education with the Human Resources portfolio and the Bargaining Unit President or designate.

23.02 The Bargaining Unit President or designate shall be notified of all postings, appointments, hirings, lay-offs, re-hirings, and terminations of employment.

23.03 The Board shall post the current Collective Agreement on Docushare.

24.01 Teacher-in-Charge (TIC)

Should a Teacher agree to replace a Principal, the Teacher shall be paid for the period of replacement 1/200 of the minimum salary for a Principal each day or part thereof in lieu of his/her per diem salary as a Teacher provided there is no reduction in the Teacher’s salary.

24.02 Should a Teacher agree to replace a Vice Principal, the Teacher shall be paid for the period of replacement 1/200 of the minimum salary for a Vice Principal each day or part thereof in lieu of his/her per diem salary as a Teacher provided there is no reduction in the Teacher’s salary.

24.03 A Teacher-in-Charge shall be replaced by an Occasional Teacher.

24.04 Temporary Assignments as Principals and Vice Principals

• 24.04.1 Any Teacher, who applies for and who is granted or seconded to a supervisory position not covered by this Collective Agreement, shall not be deemed to have his/her continuous service with the Board as a Bargaining Unit (OSSTF) Teacher interrupted, provided that the length of that appointment does not extend past one school year.
• 24.04.2 During the length of the appointment, the Teacher shall have dues deducted in accordance with Article 10 (Method of Payment) and shall have the rights and benefits stipulated by this Collective Agreement other than those contained in Article 9 (Salary Schedule and Allowances).
• 24.04.3 The Teacher shall neither evaluate nor discipline any Teacher during his/her term in the supervisory position.  
• 24.04.4 A Teacher may access the provisions stipulated in 24.04.1 for a maximum of 194 Days during their employment with the Board.
• 24.04.5 Teachers may waive their right to 24.04.1 by signifying their intention in a letter to the Bargaining Unit President.

25.01 The Board shall ensure that all records and information (including offence declaration and CPIC records) obtained pursuant to Regulation 521/2001 or any subsequent regulation or law are stored in a secure location and in a completely confidential manner.

25.02 The Board shall not release any information about a Teacher obtained pursuant to Regulation 521/2001 of the Education Act, or any subsequent regulation or law dealing with the same subject matter, except for the purpose of exercising its statutory obligation.

26.01 EVALUATION under this section shall mean an assessment of a Teacher's work by a Supervisory Officer of the Board, or the Principal or Vice Principal who is a member of the College of Teachers, for the purpose of determining the quality of job performance.

26.02 Any criteria established by the Board for evaluation of Teachers or modifications to existing procedures shall be developed in consultation with the Bargaining Unit.

26.03 The Board shall consult with the Bargaining Unit regarding any new policies or operating procedures relating to performance appraisals.

26.04 All differences between the parties arising from the interpretation, application, administration, or alleged violation of Part 31.02 of the Education Act or any regulation guideline, rule or policy under it, including any question as to whether a matter is arbitrable or grievable in accordance with the grievance/arbitration provisions of this Collective Agreement.

Notwithstanding time limits for filing a grievance in the provisions of this Collective Agreement, OSSTF may grieve any aspect of the performance appraisal procedure or an unsatisfactory performance appraisal report of a Teacher who has been placed on review.

26.05 Any Teacher who is being formally evaluated shall be evaluated in a fair and equitable manner and shall receive a written copy of the evaluation in a timely manner.

26.06 A Teacher shall not discipline or evaluate other Teachers.

26.07 A Teacher in a Department Head position shall not perform any aspect of Teacher Performance Appraisal.

26.08 A Teacher Performance Appraisal will not occur during the first two (2) weeks or the last two (2) weeks of a semester, except where required by a mandatory timeline or at the mutual agreement of the parties.

26.09 In accordance with the Education Act, the Teacher Performance Appraisal legislation does not include a continuing education Teacher.

26.10 A Teacher shall be provided a minimum of forty-eight (48) hours’ notice before a classroom observation.  In the event of a cancellation of the observation, the observation may occur as soon as the next instructional day.

26.11 When a Teacher receives an unsatisfactory Teacher Performance Appraisal, the Board shall advise the Bargaining Unit President of that fact and the date, time and location of the post-observation meeting, so as to allow the Bargaining Unit President or designate to attend to offer the Teacher assistance.

26.12 When a Teacher receives an unsatisfactory Teacher Performance Appraisal, the Board, with the written permission of the Teacher, will forward a copy of the report to the Bargaining Unit President.

27.01 The Board will make a reasonable effort to provide the following information to the Bargaining Unit if requested during or the four weeks preceding negotiations:

• 27.01.1 A statement of the current operating budget;
• 27.01.2 A statement of the current operating expenditures;
• 27.01.3 A hard copy of the Estimates and the revised Estimates.

28.01 The Board shall provide the Branch President access to a bulletin board in each workplace for the posting of Union business and information for the Union membership.

• 28.01.1 The Union shall be allowed to carry out union business on the Board’s premises at reasonable times and in reasonable locations including, without restricting the generality of the foregoing membership meetings, executive meetings and conferences between union representatives and members providing it is at no additional cost to the Board, the instructional program is not interrupted and the Bargaining Unit is not in a legal position to strike.
• 28.01.2 The Board shall provide the Bargaining Unit with access to the Board’s internal mail (including fax and electronic mail) services in order to conduct Union business provided the Bargaining Unit is not in a legal position to strike.  If extra costs are incurred, the Union shall reimburse the Board.

28.02 The Union shall have access to its members for Union business at all Schools and workplaces provided that this does not interrupt the instructional program.

29.01 A Teacher shall have the right to have present a representative from OSSTF to assist the Teacher at any stage of this grievance and arbitration procedure.

29.02 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.

29.03 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 of one party to comply with the agreed upon extension shall result in the grievance proceeding to the next step.

29.04 Grievances initiated and being processed under previous Collective Agreements between the parties shall be dealt with under the grievance and arbitration procedure set out in the Collective Agreement under which the grievance was initiated.

29.05 The time limits stipulated in 29.09 for initiating a grievance shall not apply to a grievance involving remuneration during the current school year or the previous school year. Such a grievance may be initiated at any time up to and including August 31 during the current school year.

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

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

29.08 Informal Stage

• 29.08.1 A Teacher, with the concurrence of the Bargaining Unit, may, within twenty (20) days of the Teacher becoming reasonably aware of the occurrence giving rise to the grievance, initiate a complaint with the Principal or immediate supervisor who shall answer the complaint in writing within five (5) days after receipt of the complaint.

29.09 Grievance Procedure

• 29.09.1 In the case of a grievance by the Bargaining Unit, the following steps shall be taken in sequence where informal attempts to resolve the matter with the immediate supervisor have failed.
• 29.09.2 If the reply of the Principal or immediate supervisor of the grievor at the Informal Stage is not acceptable to the Bargaining Unit, the Bargaining Unit 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.
• • 29.09.2.1 A copy of the written grievance shall be sent to the Director of Education or designate.
  • 29.09.3 The grievance shall contain:
  • 29.09.3.1 a description of how the alleged dispute is in violation of the Collective Agreement; and
  • 29.09.3.2 the clauses in the Collective Agreement alleged to be violated; and
  • 29.09.3.3 the relief sought; and
  • 29.09.3.4 the signature of the duly authorized official of the Bargaining Unit.
• 29.09.4 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 who shall answer the grievance in writing within the (10) days.
• 29.09.5 If the reply of the Director of Education or designate is unacceptable to the Bargaining Unit, it shall then apply for arbitration within twenty (20) days of the receipt of the reply.

29.10 Grievance Mediation

• 29.10.1 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.
• 29.10.2 The timelines outlined in the grievance procedure shall be frozen at the time the parties mutually agreed in writing to request a settlement officer.
• 29.10.3 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 procedure shall continue from the point at which they were frozen.

29.11 Arbitration

• 29.11.1 The party desiring arbitration shall notify the other party in writing of its desire to submit the difference or allegation to arbitration.

29.12 Single Arbitrator Default

• 29.12.1 The grievance shall be submitted to a mutually agreed upon single Arbitrator.  Should the parties fail to agree upon an Arbitrator, the appointment shall be made by the Minister of Labour upon the request of either party.

29.13 Board of Arbitration Selection

• 29.13.1 Either party may desire a Board of Arbitration to hear the grievance.  Such desire shall be communicated to the other party upon written request.  The written request shall contain the name of the first party’s appointee to a Board of Arbitration. 
• 29.13.2 The recipient of the notice shall, within ten (10) days, inform the other party of the name of its appointee to the Board of Arbitration.
• 29.13.3 Where two 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.
• 29.13.4 If the two appointees fail to agree upon a Chairperson, the appointment shall be made by the Minister of Labour upon the request of either party.

29.14 The single Arbitrator or Board of Arbitration shall have the powers specified in section 48 of the Labour Relations Act, 1995.

29.15 The Arbitrator or Board of Arbitration shall not be authorized make any decision inconsistent with any Act or Regulation thereunder or the provisions of this Collective Agreement, or to alter, modify, or amend any part of this Collective Agreement.

29.16 Should the investigation or processing up to the hearing of a grievance require that the grievor(s) or Bargaining Unit representative(s) or witnesses be released from his/her regular duties, he/she shall be released without reduction in salary, allowances, benefits, increment, experience, or sick leave allocation.

29.17 The Bargaining Unit shall pay for the cost of any Occasional Teacher(s) if necessary.

29.18 Each Party shall bear the fee and/or expense of its appointee to the arbitration board, and any fees and/or expenses of the chairman shall be borne equally by the Parties.

29.19 Each Party shall bear its own expenses respecting appearances at hearings of the Board of Arbitration. The Bargaining Unit shall pay for the cost of any Occasional Teacher(s) if necessary.

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

30.01 No Teacher shall without just cause given in writing, be demoted, suspended, discharged, transferred, or otherwise formally disciplined.

30.02 Every Teacher has a right to equal treatment with respect to employment and promotion without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, religion, creed, gender, age, sexual orientation, marital status, family status, or handicap.

31.01 Notwithstanding Article 18 (Seniority, Transfer, Surplus, Displacement, Redundancy and Recall Procedures), a Teacher may resign provided the Teacher has given the Board notice in writing two weeks prior to the date of resignation.

31.02 The Board shall have the right to terminate the employment of a Teacher for cause provided the Board has given the Teacher notice in writing two weeks prior to the date of termination.

31.03 Nothing herein prevents a Teacher and the Board from mutually agreeing to the Teacher’s resignation at any time