Collective Agreement Between DSB1 and OSSTF PSSP

1.01 It is the intent of the parties of this Agreement, hereinafter referred as the “Agreement”, to maintain a mutually satisfactory relationship by setting forth certain terms and conditions of employment and to provide for the settlement of grievances.

2.01 The District School Board Ontario North East (hereinafter referred to as the “Board”) recognizes the Ontario Secondary School Teachers’ Federation (hereinafter referred to as the “Union”) as the sole bargaining agent of all Professional Student Services Personnel employed by District School Board Ontario North East (Employer), save and except supervisors and those above the rank of supervisor, students employed during vacation period, students engaged in work experience, or students on cooperative education programs and those employees for which any trade union holds bargaining unit rights, as of the date of application.

2.02 The Board recognizes the right of the Union to authorize the Local to act as an agent of the Union in all matters relating to the negotiation, interpretation, administration and application of this Agreement on behalf of all Professional Student Services Personnel covered by this Agreement.

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

3.01 “Attendance Counsellor” shall mean a person who is employed as an Attendance Counsellor for the Board.

“Indigenous Student Advisor” shall mean a person who is employed as an Indigenous Student Advisor under the jurisdiction of the Board.

“Regulated school mental health professionals” shall mean a person who is employed as a Social Worker, at the secondary school level, with an undergraduate or graduate degree in a mental health or related field and is governed under the Regulated Health Professions Act, 1991 (RHPA) and health profession Acts (i.e., Medicine Act, 1991) and/or is registered with the college of social workers and social service workers. If a non-regulated or unqualified mental health professional who is working at a secondary school attains their Social Worker qualifications as set out above, they will be considered Regulated under the definition of Regulated School Mental Health Professional.

“Non-regulated school mental health professionals” shall mean a person who is employed as a Child & Youth Worker in a school which is under the jurisdiction of the Board and has a Child and Youth Worker diploma, or a Social Service Worker diploma (and is registered with the college of social workers and social service workers).

“Unqualified school mental health professionals” shall mean a person who is employed as a Child & Youth Worker in a school which is under the jurisdiction of the Board and does not meet the criteria for a non-regulated or regulated school mental health professional.

“Casual PSSP” shall mean a person employed by the Board on a casual basis/in a temporary capacity for the replacement of union members on leave. Casual PSSP’s are members of the Bargaining Unit and have all rights and obligation of the Collective Agreement with the exception of, ARTICLE 12 – Seniority, ARTICLE 13 – Layoff and Placement Procedures, ARTICLE 14 – Recall, ARTICLE 16 – Vacation, ARTICLE 17 – Leaves, ARTICLE 18 – Benefits, ARTICLE 22 – Severance, ARTICLE 24 – Deferred Salary Leave. Casual PSSP’s shall be paid at the step 1 pay rate as per ARTICLE 20 – Salary.

4.01 Effective the date of ratification, the Board agrees to deduct from the wages of each employee on each pay, regular dues or monthly levy, as certified, in writing, by the Union to be currently in effect according to the Constitution of the Union from the wages of each employee. The Board further agrees to remit the amount so deducted to the Union by the 15^th day of the month following, the calendar month in which the deductions were made. The payment shall be accompanied by a list showing the names and the amount of dues deducted in respect of the individuals.

4.02 Every employee shall, as a condition of employment, make application for membership in the Union and shall make regular dues payment and, when accepted into membership by the Union which shall be within thirty (30) days following successful completion of the probationary period, shall maintain such membership in good standing. The Board will inform all new employees of this condition of employment at the time of hiring.

4.03 In consideration of the deduction and forwarding of Union dues by the Board, the Union agrees to indemnify and save the Board harmless against any claim of liability arising out of or resulting from the operation of this Article.

5.01 The Board and the Union agree that there will be no intimidation, discrimination, interference, restraint or coercion exercised or practiced by either of them or by any of their representatives or members because of an employee’s membership or non-membership in the Union or because of their activity or lack of activity in the Union.

5.02

1. It is agreed that the Union and the employees will not engage in Union activity during working hours or hold meetings at any time on the premises of the Board without the permission of the appropriate Superintendent or designate.
2. Where the appropriate Superintendent gives permission under this Article, the meeting or other activity shall take place at the location and on the terms specified by the Superintendent. Time taken for meetings or activities specified under this Article shall not be considered time worked and shall not be paid for by the Board.
3. The Local shall be allowed to carry out union business on the Board’s premises outside of regular working hours subject to the Board’s Community Use of Schools Policy.

5.03 There shall be no discrimination exercised by either the Board or the Union as prescribed by the Human Rights Code, R.S.O. 1990, Chap. H.19.

6.01 All correspondence between the Board and the unit arising out of this agreement or incidental thereto, shall pass to and from the Director of Education or designate and the unit President, unless otherwise designated. 

6.02 A copy of the Collective agreement will be posted on the Board’s website. All new Union members shall be advised as to where to access the agreement.

6.03 The Union President shall be notified of all postings, appointments, hiring lay- offs, re-hirings, and terminations of employment. The Union President shall also be notified if a newly hired employee decides not to accept the position prior to their first day of work.

6.04 The Board shall provide the bargaining Union President with copies of all letters related to hires, redundancies, leaves, retirements, resignations and terminations.

7.01 The Union recognizes that it is the function of the Board to exercise all the regular and customary functions of management including direction of the working forces of the Employer, subject to the terms of this Agreement.

7.02 The Board and Union agree that their rights and responsibilities shall be exercised in a manner that is fair, reasonable, equitable, and consistent within the collective agreement and the prevailing statutes.

8.01 The Board agrees that there shall be no lockout of any employees and the Union agrees that there shall be no strike during the life of this agreement. Lockout and strike shall be as defined in the Ontario Labour Relations Act, as amended from time to time.

9.01 The Board acknowledges the right of the Union to appoint or otherwise select officers and representatives. The name and school of the officers and representatives from time to time selected, shall be given to the Board in writing. The Board shall not be required to recognize the officers and representatives until it has been so notified.

9.02 When an employee is disciplined and if a meeting is held to affect such discipline, the employee shall have the right to request the presence of a Union representative. The Board agrees to advise the employee of this right prior to imposing formal discipline. This right shall be a procedural right and not a substantive right.

9.03 Following the giving of notice pursuant to Article 25.02 and until the ratification of a renewal collective agreement, the Board agrees to recognize a Union Negotiation Committee consisting of up to four (4) employees from the Union and one (1) representative of the Union who is not an employee of the Board.  The Board will allow each of the four (4) employee members of the Negotiation Committee to be released from duties for bargaining meetings with the Board with pay.

10.01 Definition

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

10.02 An employee shall have the right to have a representative from OSSTF present to assist the member at any stage of this grievance and arbitration procedure.

10.03 Complaint Stage

An employee, with the concurrence of the Union, may, within twenty days of the employee becoming reasonably aware of the occurrence, initiate a written complaint with the Principal or immediate supervisor who shall answer the complaint in writing within five (5) days after receipt of the complaint.

10.04 Grievance Procedure – Individual

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

10.05 Step 1

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

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

The grievance shall contain:

1. a description of how the alleged dispute is in violation of the Agreement; and
2. the clauses in the Agreement alleged to be violated; and 
3. the relief sought; and
4. the signature of the duly authorized official of the Bargaining Unit.

10.06 Step 2

If the reply of the appropriate Superintendent or designate is unacceptable to the Union, it shall within ten (10) days of the receipt of the reply, so notify the Director of Education or designate who shall answer the grievance in writing within ten (10) days.

10.07 Step 3

If the reply of the Director of Education or designate is unacceptable to the Union, it shall then apply for arbitration within twenty (20) days of the receipt of the reply.

10.08 Grievance Procedure – Policy

In the case of all other grievances by a party (including those on behalf of a group of employees, all the employees, a retired member or a deceased member), the party making the grievance shall take the following steps in sequence to resolve the matter.

10.09 Step 1

The Union shall make a written grievance to the Director of Education or a designate, or the Secretary of the Board, as the case may be, who shall answer the grievance in writing within ten (10) days after receipt of the grievance.

The grievance shall contain:

1. a description of how the alleged dispute is in violation of the Agreement; and
2. the clauses in the Agreement alleged to be violated; and 
3. the relief sought; and
4. the signature of the duly authorized official of the party making the grievance.

10.10 Step 2

If the reply of the Director of Education or designate is not acceptable to the party making the grievance, that party shall then apply for arbitration within twenty (20) days of the receipt of the reply.

10.11 Grievance Mediation

At any stage in the grievance procedure, the parties by mutual consent in writing may elect to resolve the grievance by requesting the appointment of a Settlement Officer, in accordance with Section 48.5 of the Ontario Labour Relations Act. 1985.

The timelines outlined in the grievance procedure shall be frozen at the time the parties mutually agreed in writing to request a settlement officer.

Upon written notification of either party to the other party indicating that the party no longer agrees to the use of a settlement officer, the timelines in the grievance procedure shall continue from the point at which they were frozen.

10.12 Arbitration

Either party, by mutual consent, may refer the grievance to a single arbitrator, as per the Ontario Labour Relations Act and will provide the other party with the names of three (3) arbitrators. If no agreement can be reached on the appointment of an arbitrator, the Minister of Labour for the Province of Ontario will be asked to appoint an arbitrator. Failing to reach mutual consent to refer a grievance to a single arbitrator, the grievance will be referred to a Board of Arbitration.

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

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

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

10.14 Should the investigation or processing up to the hearing of a grievance require that the grievor(s) or Union representative(s) or witnesses be released from their regular duties, they shall be released without reduction in salary, allowances, benefits, increment, experience, or cumulative sick leave credits.

10.15 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.

10.16 Each Party shall bear its own expenses respecting appearances at hearings of the arbitration board.

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

10.18 Time restrictions may be extended if mutually agreed in writing. Failure of one (1) party to comply with the timeline limits or any agreed upon extension shall result in the grievance proceeding to the next step.

10.19 The time limits stipulated in 10.05 for initiating a grievance shall not apply to a grievance involving remuneration during the current school year or the previous school year. Such grievance may be initiated at any time up until and including August 31 during the current school year.

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

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

10.22 Time Limits

The time limits fixed by both the Grievance and Arbitration Procedure may be extended by consent of the Parties to this Agreement. It is understood that the failure of the Employee representative to reply in writing at any stage of the grievance or Arbitration Procedure, will be cause for the grievance to proceed to the next step within the defined time limits.

11.01 No member shall be demoted, disciplined, discharged without just cause.

11.02 “Discipline” shall mean:

1. suspension with or without loss of pay, or
2. loss of pay

11.03 A member subject to disciplinary action, other than a verbal warning, for whatever cause, shall be informed in writing of the disciplinary action stating the reasons for such action.

12.01 Seniority is defined as the length of continuous service in the employment of the Board as a member of the PSSP union, calculated from the initial start date.

Seniority shall operate on a bargaining unit wide basis.

In any layoff or recall the most senior employee within their job classification/role will be given preference, provided they have the skill, ability and qualifications to perform the available work competently.

In determining skill, ability and qualifications, the Board shall be entitled to consider the special needs of the program. This shall include employment, with the current or predecessor Board prior to certification.

12.02 A newly hired employee shall work a probation period of 60 school days worked from the date of last hire. During the probation period, the employee shall have no seniority and shall be entitled to all the rights and benefits of this collective agreement except seniority. A probationary employee may be dismissed for any reason satisfactory to the Board which shall not be arbitrary, discriminatory or in bad faith. Upon successful completion of the probation period, seniority shall be effective from the original date of last hiring. The probationary period may be extended by written agreement of the Employee, the Board and the Union.

12.03 The Employer shall maintain a seniority list, as per Article 12.06 which lists the name and job classification of each permanent employee, showing the date upon which each employee’s unbroken service commenced. The employer will email a copy of the list to the president and post the list on the board website.

12.04 Provided that if no objection is filed within twenty (20) working days the list shall be deemed to be correct and shall not be subject to grievance or change without written mutual consent between the Employer and the Union.

12.05 An employee shall be struck from the seniority list and their employment terminated if:

1. they are discharged for just cause and are not reinstated;
2. they resign or quit;
3. they are absent from work without permission for five (5) days or more;
4. being laid off, they fail to return to work under the recall provisions of Article 14, including the right to refuse recall contained therein, within ten (10) working days after having been advised to return by Board email;
5. they are laid off for a period of twenty-four (24) months.

12.06 In compiling the seniority list, all ties shall be broken based on the following criteria in order:

1. last date of hire;
2. total experience with the Board within the PSSP classifications;
3. last time of hire;
4. by lot.

12.07 The Board shall be deemed to have given an individual on layoff notice of recall by sending notice of recall by board email to the individual and the Bargaining Unit President. Such notice shall include the date and time at which the individual is to report to work. 

12.08 Where the Board is required to accommodate an employee disability under the Ontario Human Rights Code or is participating in the rehabilitation of an employee who is returning to work from an absence covered by the Workers’ Safety Insurance Board, the Union shall co-operate.

13.01 Unless there is prior knowledge that circumstances have changed, the same employee in a school at the end of June will return on the first day of pupil attendance in September. Changed circumstances include but are not limited to changes in program or funding. Professional Student Services Personnel may be notified by June 30^th but no later than August 1.

In the event that there are changed circumstances prior to September 30, the Bargaining Unit President shall be informed prior to any declaration to members regarding postings or transfers, to discuss potential postings or transfers resulting from the changed circumstances.

13.02 Employees who have a position in June and return before the end of September are considered to have “continuous service”.

13.03 In the event that there are not enough positions available in September for all Professional Student Services Personnel working in June, the unplaced person(s) may exercise “bumping rights” into the least senior equivalent position within the job classification/role if available, or if not available, the least senior part-time position within the job classification/role. The laid off employee must exercise bumping rights within five (5) working days from notification of layoff. The employee may decide to remain on the recall list, rather than take the zone, regional or board-wide bump. An employee who waives this option and has no position by the end of September will be placed on the recall/seniority list for twenty-four (24) months.

13.04 Professional Student Services Personnel who are not currently working full time or are on a twenty-four (24) month recall list will be given priority for supply work respectively.

13.05 If one position becomes redundant in an entity the least senior employee at that location will be declared redundant. Should this employee be senior to other Professional Student Services Personnel, "bumping rights" may be exercised. The laid off employee must exercise bumping rights within five (5) working days from notification of layoff. The employee may decide to remain on the recall list, rather than take the zone or regional bump.

13.06 Bumping rights shall be exercised within an entity, zone and regional basis. If one position becomes redundant in a school, the least senior employee in an entity will be declared redundant. An entity shall be defined as:

• Hearst
• Kapuskasing/Smooth Rock
• Smooth Rock/Cochrane
• Cochrane/Iroquois Falls/Matheson
• Timmins
• Kirkland Lake/Englehart
• Englehart/Kerns/Elk Lake
• New Liskeard/Temagami/Kerns

13.07 The zone shall be defined as:

1. Temiskaming Board of Education
2. Kirkland Lake Board of Education
3. Timmins Board of Education
4. Cochrane, Iroquois Falls, Black River, Matheson Bd. of Education
5. Kapuskasing, Smooth Rock Board of Education
6. Hearst Board of Education

13.08 An unplaced employee shall also have the right to bump the least senior employee within the job classification/role on a regional basis and then on a board-wide basis if the entity and zone bumping continues to result in unemployment.

13.09 Once all Professional Student Services Personnel who were working in the previous school year are placed and/or have had the opportunity to exercise the "bumping rights", any positions which become available will be considered "new" positions.

13.10 Professional Student Services Personnel may request voluntary exchange or transfer to another position or school by mutual consent within the system for the following school year by applying in writing by March 31^st to the appropriate Supervisory Officer. Copies of the request are to be forwarded to the principals of both the present and possible future locations, and president of the bargaining unit.

13.11 Any request for a reduced assignment will be submitted in writing to the appropriate Superintendent for consideration.

13.12 If no employee currently working or on the seniority list will accept an offered vacancy, then the Board shall be entitled to hire a person without seniority.

13.13 The parties are committed to consult in order to clarify Bumping and Recall procedure.

13.14 Any change from a part-time position to a full-time position shall be offered to the incumbent employee who is currently working at that site. Should the incumbent employee decline the additional hours, the position shall be posted and filed according to the collective agreement.

14.01 Employees who are laid off shall have recall rights to available positions for a period of twenty-four (24) months. Recall to available positions shall be offered in order of job classification and seniority. An employee shall have the right to refuse an offer of recall if it is not to the entity from which they were laid off. The employees shall not forfeit any rights of recall under this article for such refusal. Employees who refuse an offer of recall within the entity from which they were laid off will forfeit their rights to recall and will be removed from the recall list.

14.02 When a permanent vacancy becomes available the Employer shall contact the employee being recalled by Board email. The recall notice (which includes the employee’s name) shall also be emailed to the Bargaining Unit President. The Employee on recall must respond within five (5) calendar days of the date of the email.

14.03 During the period that an employee is on the recall list, they shall maintain their seniority rights and accumulated sick leave.

14.04 Employees who are on the recall list shall notify the Board so that they may have the opportunity to be available for casual or part-time work without affecting their recall status.

16.01 Employees will be paid their appropriate vacation percentage accrual on each payday.

16.02 Vacation Entitlement

Employees in this bargaining unit shall receive the following vacation entitlement in accordance with credited service as follows:

16.03 The Employer recognizes the following as paid holidays:

1. (a)  New Years’ Day             
2. (b)  Thanksgiving Day          
3. (c)  Easter Monday               
4. (d)  Boxing Day                      
5. (e)  Canada Day
6. Labour Day
7. Good Friday
8. Christmas Day
9. Victoria Day
10. Family Day                    

17.01 Bereavement Leave

All employees shall be granted up to five (5) days leave without loss of salary or wages to attend the funeral of a parent, step-parent, current spouse, sister, brother, child, step-child, mother-in-law, father-in-law, brother-in-law, sister-in-law, grandparent, step-grandparent, grand-child, step-grandchild.

All employees shall be granted up to three (3) days leave without loss of salary or wages to attend the funeral of an aunt, uncle, niece or nephew.

17.02 Pregnancy and Parental/Adoption Leave

Employees shall be granted parental/adoption leave in accordance with The Employment Standards Act. As benefits are covered under the Central Agreement refer to C10.0 Benefits page 9 of Part A in this Collective Agreement.

SEB provisions are also covered under the Central Agreement, refer to C11.0 Statutory Leaves of Absence/SEB page 12 of Part A in this Collective Agreement.

17.03 Compassionate Leave

Compassionate leave, exclusive of absence due to sickness or bereavement, upon written application to the appropriate Superintendent through the immediate supervisor, the Board may grant in exceptional circumstances up to a maximum of five (5) days with pay for any individual request. Compassionate leave may be granted consecutively with bereavement leave.

17.04 Jury or Witness Duty

Every employee is entitled to his salary notwithstanding his absence from duty as a witness or juror in any court to which he has been summoned in any proceedings to which he is not a party or one of the persons charged provided that any remuneration other than that explicitly for expenses is refunded to the Board.

17.05 Special Consideration

An employee may request a leave of absence in writing from the appropriate Superintendent. Such request shall set out the reasons for the request and the use to which the leave will be put. The Board may grant any such request at its sole discretion.

17.06 Personal Leave

All permanent employees shall be entitled to five (5) personal leave days with pay to be taken during the contract year, upon the request of the employee. Where possible, ten (10) days’ notice shall be given. Personal leave days are to be earned at the rate of one (1) for every two (2) months for which an employee was actively at work or on paid sick leave. The personal leave day earned for September and October may be taken by the employee during September or October and the personal leave day earned for May and June may be taken in May or June. The employee may request access to a maximum of two unearned personal days. The approval of these requests will be at the sole discretion of the appropriate supervisor.

17.07 Quarantine Leave

Leave with pay and without deduction from sick leave shall be granted to an employee for the period of quarantine when declared by the Medical Officer of Health.

17.08 Leave for Union Business

Upon written application to the Employer by the Bargaining Unit, the Employer through the Director of Education or a designate, will grant Union leave.

The Bargaining Union shall reimburse the Employer for the cost of any replacement worker used to cover the employee taking Union Leave. The Board shall endeavour to replace the worker.

The Employer will grant leave for designated member(s) of the Bargaining Unit for Union duties. The cost incurred of these long-term leaves will be borne by the Bargaining Unit who shall reimburse the Employer at the cost of the replacement worker.

Leaves referred to above shall be without reduction in pay, allowances, benefits, increment, experience, seniority or cumulative sick leave credits.

The employee(s) on Union Leave shall retain all rights outlined in this Agreement as though he/she/they were working full-time.

All employees required to meet with the employer for negotiations, grievance, arbitration, and/or mediation shall be granted leave without reduction in pay, allowances, benefits, increment, experience, seniority, or cumulative sick leave credits.

There shall be no reprisals or any kind taken against any person(s) because of participation in negotiations, grievance, arbitration, and/or mediation, or because of the carrying out of union duties.

17.09 Short Term Union Leave

Any requests for short term union release must be submitted to the appropriate Superintendent one (1) week prior to the date of the leave. The approval of these leaves is at the discretion of the Superintendent. All costs associated with short term union leave requests will be borne by the bargaining unit and will come at no cost to the Board.

17.10 Leave of Absence Without Pay

1. The Director of Education or designate may grant a leave of absence without salary or loss of seniority. Requests for leave shall be made in writing to the Director of designate. Such leave shall not unreasonably be withheld.
2. A request by two individual employees to participate in a job sharing plan will be given consideration by the appropriate supervisory officer, provided there are no additional costs to the Board. Employees working on a job sharing basis would  be subject to the terms and conditions of part-time employees as outlined in various section of this agreement.

17.11 Sick Leave

Sick leave provisions are covered under the Central Agreement. Refer to Article C12.00 in Part A of this Collective Agreement.

17.12 Sick leave access for any absence for a period of five (5) days or less may be certified by the appropriate Superintendent. A medical certificate for the illness or non- compensable accident shall be required by the Board after five (5) consecutive days of absence. If the employer requests a medical certificate for less than 5 days, the employer shall pay for the certificate. Where an Employee is absent for illness for more than twenty (20) consecutive working days, the Director or designate may require that a certificate be submitted by a licensed medical practitioner before the Employee shall be entitled to payment under the Sick Leave Plan.

17.13 A medical certificate, indicating the employee’s fitness for duties or modified duties, physical or mental restrictions and prognosis for recovery, for illness or non-compensable accident may be required by the Board after prolonged or repeated illness as well as upon return to work after recovery from disability or other medical absence or in any case deemed appropriate by the Board.

18.01 Purpose

The purpose of the leave with deferred salary is to allow the employer to give experienced employees a period of "revitalization" outside the profession while at the same time permitting young employees to gain experience in their absence.

18.02 Description

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 utilized in the calculation. In effect, "Four Years Over Five Years" becomes... X years over (X+l) years. In addition to the “Four Years Over Five Years”, members may apply for “Three Years Over Four Years” or “Two Years Over Three Years”. 

The above is dependent on current CRA rules.

18.03 Qualifications

The employee must have three (3) years of continuous service with the Employer prior to the start of the one (1) year leave.

18.04 Application

The employee must make written application to the Employer, through the appropriate Supervisory Officer on or before March 31^st 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.

18.05 Approval or Denial

The right to approve or to deny any application shall rest solely with the Employer. 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.

18.06 Conditions

Semestered School Entry into the plan shall be effective on the first day of September and/or the first day of January. The leave of absence shall commence on the first day of the first semester or the first day of the second semester.

• 18.06.1 The deferred salary shall be placed in trust with the Employer’s bank and interest earned thereby shall accrue to the benefit of the trust in accordance with the Trustee Act. Throughout an Employee’s participation in the plan, the control of the trust shall be vested solely in the Employer on behalf of the participant.
• 18.06.2 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 a Leave of Absence.
• 18.06.3 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.
• 18.06.4 A declaration of redundancy shall be deemed to be a written notice of withdrawal and the above terms will apply.
• 18.06.5 Notwithstanding 18.06.3, the Employee 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.
• 18.06.6 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.
• 18.06.7 Should an Employee die while participating in the plan, the retirement gratuity, if applicable, will be paid to the estate as if the Employee were receiving 100% of salary.
• 18.06.8 The Employee, on return from leave, will be assigned to a school in their entity.
• 18.06.9 The Employee, on return from leave, will be subject to the provisions of Article 12 & 13 (Seniority, Transfer, Surplus, Redundancy, and Recall Procedures).
• 18.06.10 The Employee 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.
• 18.06.11 The Employee will not accumulate sick leave credits during the leave.
• 18.06.12 No restrictions may be placed on the Employee by the Employer regarding their activities during the leave save and except any restrictions that may exist in the Income Tax Act.
• 18.06.13 The Bargaining Unit agrees that the replacement Employee will be hired for the duration of the leave of absence only and will not be subject to retention procedures.
• 18.06.14 The Employee is responsible to apply to OMERS and make all arrangements for the leave. The Employer will not be responsible for any loss of cumulative years in the OMERS plan as a result of the leave.
• 18.06.15 The Employee’s Pension Plan deductions are to be continued during the leave.
• 18.06.16 One semester leaves are conditional upon the availability of a suitable replacement employee. 

Benefits provisions are covered under the Central Agreement. Refer to C10.0 Benefits, page 9 of Part A.

19.01 Membership in the Long Term Disability plan shall be a condition of employment. One hundred percent (100%) of the Long Term Disability premium shall be paid by the employee.

19.02 Pension Plan

The Ontario Municipal Employee’s Retirement System (OMERS) shall be the recognized Pension Plan for members of this bargaining unit.

A member who holds certification as a teacher shall become and remain a member in good standing of the Ontario College of Teachers and the Ontario Teachers’ Pension Plan.

The Board shall make the appropriate deductions from the employee’s pay and submit to OMERS the necessary employee and employer pension contributions as required.

20.01 When weather conditions make it impossible for a member to reach the employer’s workplace, as per Board policy, there will be no deductions or loss of entitlements under this Collective Agreement.

21.01 Rates of pay effective August 29, 2022, August 28, 2023, August 28, 2024, and September 1, 2025:

22.01 Personnel Files

1. 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.
2. Upon written request of the Employee to the Superintendent of Human Resources, documents contained in the Employee’s personnel file which are disciplinary in nature and all supporting documents shall be removed from the file three (3) years after their date of issue, unless further similar disciplinary action has occurred in that period.

Notwithstanding the foregoing, 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 the Employee’s file.

22.02 Working Conditions

Each full-time Professional Student Services Personnel shall be granted two (2) fifteen (15) minute breaks in each scheduled workday of at least seven hours duration. Such breaks shall be taken at times as directed by the Principal or his designate.

22.03 An employee travelling on Board business at the Board’s direction shall be reimbursed in accordance with the Board travel policy and procedure in force at the time of the employee’s travel.

22.04 The Record of Employment for Professional Student Services Personnel will be issued as required by the Employment Insurance Act.

22.05 The Board shall provide each Professional Student Services Personnel who works at least five (5) continuous hours in a day with a thirty (30) minute unpaid meal period at a time directed by the Principal.

22.06 The normal hours of work for full time employees shall be seven (7) hours per day Monday to Friday.

The normal work year of two-hundred and four (204) days is based on:

• 188 instructional days,
• 6 professional development days and
• 10 paid holidays

Attendance Counsellors will begin working one (1) week prior to the opening of schools and finish one (1) week early provided that schools are operational with a supervisor present.

22.07 Overtime:

1. All time worked beyond the regular work day and week shall be approved by the appropriate Superintendent responsible for the employee group and on a voluntary basis and shall be deemed to be overtime. Overtime worked shall be paid for at the rate of time and one half (1 ½).
2. Any employee who is required to work a regular day off shall be paid at the rate of time and one half (1 ½) the employee’s standard rate of pay for every hour worked.
3. An employee who was required to work on a statutory holiday shall be paid at the rate of double the employee’s standard rate of pay for each hour worked in addition to the employee’s regular pay for said statutory holiday.
4. Employees will have the option of time off in lieu of overtime worked providing the time off option is exercised within six (6) months of the overtime being worked. Such time off will be granted at the request of the employee at the rate as specified above. A maximum of five (5) days accumulation is permitted.

22.08 The employer shall endeavour to ensure that every employee will be provided with suitable workspace in accordance with applicable provincial legislation.

22.09 Health and Safety

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.

The employer agrees to develop explicit policies and procedures to deal with violence.

22.10 Technological and Other Changes – Training Program

In the event that the Employer should introduce new methods or equipment which require new or greater skills than are possessed by employees under the present methods of operation, such employees shall, at the expense of the Employer, be given appropriate training.

23.01 The Employer shall pay to any member of the Bargaining Unit with one (1) year or more service who is declared redundant and leaves the employ of the employer a severance allowance calculated as follows: four percent (4%) of the member’s annual salary for each year of continuous employment with the Employer or predecessor employer, up to a maximum of twenty percent (20%).

23.02 A member who is redundant to the needs of the system shall remain on the recall list until September 30^th. At that time the member may decide to remain on the recall list or choose to accept a severance pay. If the member selects severance pay, the payment will be made on or before October 15^th of the same year.

23.03 Once a member has accepted the severance allowance, the employer has no further employment obligations.

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

1. the contracting out of such work would result in the lay-off of reduction in the number of hours regularly scheduled for one (1) or more bargaining unit employees, or
2. there are bargaining unit employees on lay-off with recall rights, who have the necessary skill, ability, and qualifications to perform the work required and the work required is sufficient to recall one (1) or more employees to at least seven (7) consecutive hours per week. This clause shall not apply in cases of training or emergency.

25.01 This Agreement, when ratified by the Board and the Union, shall become effective and remain in full force from September 1, 2022 until August 31, 2026 and shall continue automatically thereafter for annual periods of one year unless either party gives notice as provided for in article 25.02.

25.02 Either party desiring to continue, change or terminate this Agreement must notify the other in writing not sooner than ninety (90) days prior to the expiration date.  If notice is given, as provided for herein, the parties shall meet within fifteen (15) days from the giving of notice.

25.03 This Agreement shall not be amended or supplemented except by agreement of the parties hereto, in writing and duly signed by each.