Collective Agreement Between DSB1 and OSSTF - Designated Early Childhood Educators

1.01 This agreement is entered into by the parties hereto in order to provide for orderly collective bargaining relations between the Board and its employees represented by the Union. It is the desire of both parties to cooperate in maintaining a harmonious relationship with the Board and its employees, to make provisions herein for wages, employee benefits, hours of work and working conditions and to provide an orderly method of settling grievances under this agreement which may arise from time to time.

2.01 The District School Board Ontario North East (hereinafter referred to as the “Board”) recognizes the Ontario Secondary School Teachers’ Federation Educational Support Staff Bargaining Unit (hereinafter referred to as the “Union”) as the sole bargaining agent of all Designated Early Childhood Educators employed by District School Board Ontario North East (Board), save and except 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.

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

4.01 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 Designated Early Childhood Educators.

4.02 Effective the date of ratification, the Board agrees to deduct regular, monthly union dues from the wages of each employee on each pay, as certified, in writing, by the Union to be currently in effect according to the Constitution and By-laws of the Union. 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.

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

6.01 All correspondence between the Board and the Union 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 The Board agrees to post the Collective Agreement on the Board website. All newly hired Designated Early Childhood Educators will receive instructions on how to access the collective agreement on the Board website.

6.03 The ESS President shall be notified of all postings, appointments, hiring, lay-offs, re-hirings, transfers, terminations of employment, and retirements within the bargaining unit by email.

6.04 The employer shall provide the ESS Bargaining Unit President a list of all staff, including FTE, in all work sites, a minimum of once per school year.

7.01 The Union recognizes and agrees that, except as specifically abridged or modified by this agreement, all rights, powers and authority with respect to the management of the Board and the direction of the working forces are retained solely and exclusively by the Board.

7.02 For greater certainty, but without limiting the generality of the foregoing, the Union agrees that the Board has the sole and exclusive right to:

1. Maintain order and discipline;
2. Hire, assign, direct, promote, demote, layoff and recall employees and suspend, discharge or otherwise discipline non-probationary employees for just cause;
3. Make and enforce and alter from time to time rules and regulations to be observed by the employees; and
4. Discharge a casual or probationary employee at its discretion. It is agreed that the discharge of the casual or probationary employee may not be made the subject of a grievance.

7.03 The Board and Union agree that their rights and responsibilities shall be exercised in a manner that is fair and consistent within the express terms of 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 a meeting is held with the employee regarding discipline, the employee shall have the right to request the presence of a Union representative.

9.03

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 Superintendent of Education with Human Resources responsibilities.
2. Where the Superintendent of Education with Human Resources responsibilities gives permission under this Article, the meeting or other activity shall take place at the location and on the terms specified by the Superintendent of Education with Human Resources responsibilities. 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. Permission for use of the Board's premises outside of regular working hours to carry out union business shall be subject to the Board's Community Use of Schools Policy and such permission shall not be unreasonably withheld.

10.01 All newly hired employees shall work a probationary period with a minimum of fifty (50) days worked. A day will be considered a day worked where the employee is at the workplace and engaged in their normal work for seven (7) hours. Part-time probationary employees will be prorated to their FTE. Employees serving a probationary period shall be entitled to all rights and benefits under this agreement, except that the Board may discharge probationary employees at its discretion. The dismissal of a probationary employee may not be made subject of a grievance. After completion of the probationary period, and attaining a satisfactory performance appraisal during the probationary period, seniority shall be effective from the original date of employment.

11.01 Definition

For the purpose of the Collective Agreement a grievance shall be defined as a difference or dispute arising between the parties concerning the interpretation, application, administration, or alleged violation of this Agreement or any matter which is expressly directed for resolution under the Grievance and Arbitration provisions by an Ontario statute. Any grievance not submitted within the time limits set out in Article 10 or not advanced by the grieving party within any of the time limits provided shall be deemed to have been abandoned.

11.02 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.

11.03 A day in the grievance procedure shall mean a working day other than Saturday, Sunday or a recognized holiday or a day falling within the school recess periods.

11.04 Policy Grievance

The Union or the Board shall have the right to file a grievance against the other based on a difference directly between them arising out of the interpretation or alleged violation of any terms of this agreement. A Policy grievance shall not include any matter which an employee would be personally entitled to grieve and the regular grievance procedure shall not, thereby, be by-passed. Any grievance by the Board or the union as provided in this paragraph shall be commenced within ten (10) working days after the circumstances giving rise to the grievance have occurred.

11.05 Group Grievance

The Union or the Board shall have the right to file a grievance against the other based on a difference directly between them arising out of the interpretation or alleged violation of any terms of this agreement. A Group grievance shall not include any matter which an employee would be personally entitled to grieve and the regular grievance procedure shall not, thereby, be by-passed. Any grievance by the Board or the union as provided in this paragraph shall be commenced within ten (10) working days after the circumstances giving rise to the grievance have occurred.

11.06 Complaint Stage

An employee, with the concurrence of the Union, may, within 5 (five) working days after the event of circumstances giving to the problem have occurred, initiate a written complaint with the Principal or immediate supervisor who shall answer the complaint in writing within five (5) working days after receipt of the complaint.

11.07 Grievance Procedure – Individual

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

11.08 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 may, in writing, bring forth the matter within ten (10) days to the Superintendent of Education with the Human Resources portfolio. The Superintendent of Education with the Human Resources portfolio shall provide a written answer to the Union within ten (10) days after written notification.

11.09 Step 2

If the reply of the Superintendent of Education with Human Resources responsibilities 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 ten (10) days. 

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.

11.10 Step 3

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

11.11 Grievance Procedure – Group and Policy

In the case of all other grievances the party making the grievance shall take the following steps in sequence to resolve the matter.

11.12 Step 1

The Union shall make a written grievance to the Director of Education or a designate, who shall answer the grievance in writing within ten (10) days.

The grievance shall contain:

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

11.13 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) working days of the receipt of the reply.

12.01 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.

12.02 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.

12.03 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.

12.04 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.

12.05 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 their regular duties, they shall be released without reduction in salary, allowances, benefits, increment, experience, or accumulated sick leave credits.

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

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

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

12.09 Time restrictions may be extended if mutually agreed in writing. Failure of one party to comply with the time lime 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.

12.10 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 agreement under which the grievance was initiated.

12.11 The time limits stipulated in 11.09 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.

12.12 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.

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

13.01 No employee, who has completed their probationary period, shall be suspended, demoted, discharged or otherwise disciplined without just cause. Accordingly, the Board may discharge a probationary employee at its discretion. It is agreed that the discharge of the probationary employee may not be made subject of a grievance.

13.02 An employee subject to disciplinary action, other than a verbal warning, for whatever cause, shall be informed in writing of the disciplinary action and the reasons for such action. The ESS President shall be notified.

13.03 Prior to accepting an offer of employment, all employees, both casual and permanent, must notify the Board of any ongoing investigations with the College of Early Childhood Educators.

15.01 Designated Early Childhood Educators may be notified no later than August 1.

Changed circumstances include but are limited to changes in enrolment, changes in program and changes in funding. ln the event that there are changed circumstances, the ESS President shall be informed of any layoff of employees or transfers, resulting from the changed circumstances.

15.02 Designated Early Childhood Educators who have a position in June and return before the end of September are considered to have “continuous service”.

15.03 In the event that there are not enough positions available in September for all Designated Early Childhood Educators, the unplaced person(s) may exercise “bumping rights” into the least senior equivalent position if available, or if not available, the least senior part-time position provided that the person seeking to exercise bumping rights has the necessary skill, ability and qualifications to perform the position into which they seek to bump. 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. 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.

15.04 Designated Early Childhood Educators 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.

15.05 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 Designated Early Childhood Educators, "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.

15.06 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/Elk Lake/Kerns
• New Liskeard/Temagami/Kerns **

*   for the purposes of article 15.06 no movement will take place between Cochrane and Matheson

** for the purpose of article 15.06 no movement will take place between Temagami and Kerns

15.07 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

15.08 An unplaced employee shall also have the right to bump the least senior employee on a regional basis if the site and zone bumping continues to result in unemployment.

The regions shall be:

1. Northern Region (Zones 4, 5 and 6)
2. Central Region (Zone 3)
3. Southern Region (Zone 1 and 2)

15.09 Once all Designated Early Childhood Educators on the seniority list have had the opportunity to exercise the "bumping rights", any positions which become available will be considered "new" positions.

15.10 Designated Early Childhood Educators 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 Human Resources. Copies of the request are to be forwarded to the principals of both the present and possible future locations, and the president of the bargaining unit.

15.11 Any request for a reduced assignment for the upcoming school year will be made by March 31^st to Human Resources for consideration. 

15.12 If no employee on the recall list accepts a vacancy which comes open then the Board shall be entitled to post the position externally.

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

15.14 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.

16.01 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 seniority order. An employee shall have the right to refuse an offer of recall if it is not to the geographic area (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.

During the period that an employee is on the recall list, they shall maintain their seniority rights at the time they are placed on the recall list. Insured benefits (Life Insurance, Dental and Medical) may be purchased at the worker's expense if permitted by the insurance carrier.

16.02 An employee on recall that accepts work in a long-term occasional assignment shall receive their previous rate of pay prior to layoff.

17.01 Where the Board determines there is a vacancy during the school year or a newly created position is established the Board shall post a notice of the position within ten (10) working days of the position becoming vacant. Posting notices shall be placed in a suitable location at each work location, at the Board office, and on the Board website for a minimum of three (3) working days in order that all employees covered by this agreement will be advised of the position and be able to make written application for same. During the summer months, the employer will advertise internal postings on the Board website.

17.02 Vacancies created by internal appointments during school year will be posted as per 17.01. Only the original vacancy and the first resulting vacancy shall be posted when the vacancy is filled from within the bargaining unit. The first resulting vacancy will be posted for a minimum of five (5) working days.

18.01 Ten month employees will be paid their appropriate vacation percentage accrual on each payday.

18.02 Vacation Entitlement

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

18.03 The Employer recognizes the following as paid holidays:

(a)  New Years’ Day             (f)  Good Friday

(b)  Thanksgiving Day          (g) Christmas Day

(c)  Easter Monday               (h) Victoria Day

(d)  Boxing Day                      (i)  Canada Day

(e)  Family Day                      (j) Labour Day

20.01 As benefit provisions are covered under the Central Agreement, refer to Article C10.00, page 9, in Part A of this Collective Agreement

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

20.03 Pension Plan

OMERS is mandatory for any members who are a full-time 1.0 FTE position.

21.01 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. The expectation is that all employees are aware of, understand, and follow the Board’s Inclement Weather Policy and related Procedures, which are available on the board website.

22.01 Rates of pay effective August 29, 2022:

23.01 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.

23.02 At the employee’s request, personally or through the bargaining unit, documents contained in an employee's Human Resources file of a disciplinary or negative nature, and all supporting documents shall be removed from these files twenty-four (24) months after their date of issue, unless further similar disciplinary action has occurred in that period.

23.03 Notwithstanding 23.02 disciplinary material 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 Human Resources file.

24.01 Hours of Work

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

The normal hours of work for part time employees shall be three (3) hours and thirty (30) minutes. This includes a paid fifteen (15) minute break.

The normal work year of two-hundred and four (204) days will be designated by District School Board Ontario North East upon approval by the Ministry of Education.

24.02 Each full-time Designated Early Childhood Educator 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 their designate.

24.03 The Board shall provide each Designated Early Childhood Educator 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.

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

24.05 The Record of Employment for Designated Early Childhood Educators will be issued as required by the Employment Insurance Act.

25.01 The Employer shall pay to any employee severance as required under the Employment Standards Act 2000.

25.02 An employee who is redundant to the needs of the system shall remain on the recall list until September 30^th in the year of the layoff. At that time the employee may decide to remain on the recall list or choose to accept severance pay. If the employee selects severance pay, the payment will be made on or before October 31^st of the same year.

25.03 Once an employee has accepted the severance allowance, the employer has no further employment obligations and the employee's employment is deemed to be terminated.

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

26.02 The Employer shall provide protective equipment and protective clothing to employees who require it to do their job safely.

27.01 Overtime

1. All time worked beyond the regular work day and week shall be approved in advance by the Superintendent of Education with Human Resources responsibilities. Hours worked in excess of forty-four (44) hours in a week shall be deemed to be overtime. Overtime worked shall be paid for at the premium rate of time and one half (1 ½).
2. An employee who was required to work on a statutory holiday shall be paid at the premium rate of time and one-half (1 ½) the employee's standard rate of pay for each hour worked in addition to the employee's regular pay for said statutory holiday.
3. 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.
4. There shall be no pyramiding of premiums under this Agreement.

27.02 Job Sharing

A request by two individual employees to participate in a job sharing plan will be given consideration by the Superintendent of Education with Human Resources responsibilities, 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.

27.03 Work performed by a third party prior to the start and end of instructional time shall not be considered bargaining unit work.

27.04 

1. Related Experience as a Designated Early Childhood Educator (DECE) A maximum of twelve months (12) of related experience above the requirements to receive an Early childhood Educator's diploma from an Ontario college of Applied Arts and Technology in a licensed day care facility will be recognized for grid purposes. For clarity a DECE shall not receive more than one year of rerated experience for grid purposes and a DECE shall not be granted less than one year of related experience for grid purposes.
2. Credit for Previous Experience as a Designated Early Childhood Educator (DECE)  Credit for grid purposes shall be given for all full time previous experience as a DECE while employed by a publicly funded school board in Ontario. 

27.05 Professional Development Days

All full time permanent employees shall be paid the full daily rate for the Professional Activity Day and shall be required to participate in the scheduled professional activity sessions. All members shall be allowed to participate in the OSSTF sponsored Professional Activity days related to the role of the DECE.

Part-time permanent employees shall be required to attend Professional Activity days for a duration equal to their current FTE.

Temporary Employees in a posted position shall be paid the full daily rate for each day they are required to attend.

27.06 Employee Evaluation

• • 27.06.1 Any Early Childhood Educator formally evaluated shall be evaluated as per Board Policy in a fair and equitable manner and shall receive a copy of the evaluation in a timely manner.
  • 27.06.2 By September 30^th of each school year, those employees who are in their appraisal year will be notified. Failure to provide notification will delay the evaluation process for one year.

28.01 This Agreement, when ratified by the Board and the Union, shall become effective and remain in full force from the date on which it is ratified by both the Board and the Union membership until August 31, 2026, and shall continue automatically thereafter for annual periods of one year unless either party gives notice.

28.02 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.

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