Collective Agreement Between DSB1 and Educational Assistants

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 co-operate 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 All employees of the Board, as a condition of continuing employment, shall become and remain members in good standing of the Union according to the Constitution and by-laws of the Union.

2.02 New employees shall be required to join the Union when they commence employment.

2.03 The Board agrees to deduct from every employee such regular monthly union dues as have been levied by the Union and duly advised to the Employer through the Treasurer of the Board.

2.04 All sums deducted, together with a record of those from whom deductions have been made, SIN numbers, shall be forwarded to the Provincial Treasurer of the Union not later than the 15th day of the month following.

2.05 The employer agrees to deduct from each pay cheque a local levy.  The amount of the levy will be communicated to the Board in writing by the President of the Union in June of each year for the up coming year.  The Board agrees to remit monies collected under this provision to the local Union office on a monthly basis.

2.06 Any monies deducted under 2.03 and 2.05 shall be reflected as a deduction on the employees’ T4 slip as permitted by Revenue Canada.

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

2.08 Upon commencement of employment new employees will be advised that a copy of the collective agreement is available on the Board website.

3.01 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 Educational Assistants employed by the District School Board Ontario North East (Board).

3.02 The employer recognizes the Ontario Secondary School Teachers’ Federation (“OSSTF”) as the executive bargaining agent authorized to negotiate on behalf of the Educational Assistants covered by this agreement.

3.03 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.

3.04 The Board recognizes the right of the employee to be represented by the Union at any meeting when discipline or corrective counselling is being administered.

3.05 Educational Assistant refers to a person permanently employed by the Board assigned to work under the supervision of a teacher, Principal or a team of teachers. Educational Assistants are members of the Bargaining Unit and have all rights and obligations of the Collective Agreement. Educational Assistants will be paid according to the EA Salary Grid in L-ARTICLE 22 – Salary.

3.06 Temporary Educational Assistant refers to a person employed by the Board on a temporary basis to replace an Educational Assistant on leave. Temporary positions will be posted if the permanent Educational Assistant is absent for more than three (3) months. Temporary Educational Assistants are members of the Bargaining Unit and have all rights and obligations of the Collective Agreement with the exception of:

• L-ARTICLE 8 – Probation,
• L-ARTICLE 19 – Leaves (19.02, 19.03, 19.05, 19.06, 19.07, 19.08, 19.10, 19.11, 19.15, 19.16, 19.17),
• L-ARTICLE 30 – Seniority,
• L-ARTICLE 31 – Recall,
• L-ARTICLE 32 – Reinstatement,
• L-ARTICLE 33 – Layoff and Placement Procedures, and
• L-ARTICLE 35 – Severance Allowance.

Temporary Educational Assistants will be paid according to the EA Salary Grid in L-ARTICLE 22 – Salary.

Temporary Educational Assistants are considered term employees whose employment ceases on or before June 30 of each year.

3.07 Casual Educational Assistant refers to a person employed by the Board in a replacement supply capacity as needed to replace an Educational Assistant absence. Supply Educational Assistants are members of the Bargaining Unit and have all rights and obligations of the Collective Agreement with the exception of:

• L-ARTICLE 8 – Probation,
• L-ARTICLE 19 – Leaves,
• L-ARTICLE 20 – Benefits,
• L-ARTICLE 21 – Pension Plan,
• L-ARTICLE 24 – Job Sharing,
• L-ARTICLE 25 – Employee Evaluation,
• L-ARTICLE 30 – Seniority,
• L-ARTICLE 31 – Recall,
• L-ARTICLE 32 – Reinstatement,
• L-ARTICLE 33 – Layoff and Placement Procedures, and
• L-ARTICLE 35 – Severance Allowance.

Supply Educational Assistants shall be paid at the Casual pay rate as per L-ARTICLE 22-Salary.

3.08 Transitional Educational Assistant refers to a person employed by the Board on a daily basis to support a specific student at a specific school. Transitional Educational Assistants are members of the Bargaining Unit and have all rights and obligations of the Collective Agreement with the exception of:

• L-ARTICLE 8 – Probation,
• L-ARTICLE 19 – Leaves,
• L-ARTICLE 20 – Benefits,
• L-ARTICLE 21 – Pension Plan,
• L-ARTICLE 24 – Job Sharing,
• L-ARTICLE 25 – Employee Evaluation,
• L-ARTICLE 30 – Seniority,
• L-ARTICLE 31 – Recall,
• L-ARTICLE 32 – Reinstatement,
• L-ARTICLE 33 – Layoff and Placement Procedures, and
• L-ARTICLE 35 – Severance Allowance.

Transitional Educational Assistants shall be paid at the Transitional pay rate as per L-ARTICLE 22-Salary. Should the position exceed a period of 90 working days, the position will be posted as a permanent position.

4.01 The Union recognizes that it is the function of the Employer 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.

4.02 The employer and the bargaining unit agree that their rights and responsibilities shall be exercised in a manner that is fair, reasonable, and equitable, and consistent within the collective agreement and the prevailing statutes.

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

6.01 All correspondence between the parties arising out of this Collective Agreement or incidental thereto, shall pass to and from the Director of Education/designate and the Local President of the Union/designate.

6.02 The Board agrees to post the current collective agreement on the Board website.

6.03 The ESS Bargaining Unit President shall be notified of all postings, transitional Educational Assistants appointments, hiring, lay-offs, re-hiring, reassignments, transfers and terminations of employment, retirements and resignations.

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 Positions that become vacant during the school year or a position that is newly established shall first be offered to Educational Assistants on the recall list in order of seniority provided the employee possesses the skill, ability, and qualifications to do the available work.

7.02 If the position is not filled (excluding replacement of staff for a period of time less than 6 months) such position shall be offered to part-time Educational Assistants who possess the skill, ability, and qualifications to meet the needs of the student/ program.

7.03 When a vacancy occurs or a new position is created the employer shall post a notice of the position within ten (10) working days of becoming vacant, on the board website and in a suitable location at each work location and board office, for a minimum of five (5) 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.

7.04 During summer months the employer will advertise internal postings on the Board’s website.

7.05 If requested by the unsuccessful applicant, the immediate supervisor will inform the applicant, the reasons the applicant was not selected and if possible suggest methods of improvement for subsequent job applications.

7.06 Any change from a part-time position to a full-time position or the reverse will be considered a new position. The position will be posted and filled according to the collective agreement.

7.07 The Board will forward the name and location of the successful candidate to the President of the Bargaining Unit.

8.01 A newly hired employee shall work a probationary period of 50 working days from the date of last hire.  During the probationary period, the employee shall be entitled to all rights and benefits of the collective agreement.  After completion of the probationary period, and a satisfactory performance appraisal, seniority shall be effective from the original start date of employment.

9.01 Definition of Grievance

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

9.02 An employee shall have the right to have present a representative from O.S.S.T.F. to assist the member at any stage of this grievance and arbitration procedure.

9.03 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.

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.  Any grievance by the Board or the union as provided in this paragraph shall be commenced within (ten) working days after the circumstances giving rise to the grievance have occurred when the Board or the Union becomes reasonably aware of the occurrence giving rise to the grievance.

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. Any grievance by the Board or the union as provided in this paragraph shall be commenced within (ten) working days after the circumstances giving rise to the grievance have occurred when the Board or the Union becomes reasonably aware of the occurrence giving rise to the grievance.

9.04 Complaint Stage

An employee, with the concurrence of the Bargaining Unit, may, within twenty (20) 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.

9.05 Grievance Procedure – Individual

In the case of a grievance by the Bargaining Unit 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.

9.06 Step 1

Failing satisfactory settlement as set out on the complaint stage, the Union may, in writing, bring forth the matter within ten (10) working 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) working days after said meeting.

9.07 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, after consultation with the Board, answer the grievance in writing within the 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.

Step 3

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.

9.08 Grievance Procedure – Party

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

9.09 Step 1

The Bargaining Unit shall make a written grievance to the Director of Education or a designate, 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.

9.10 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.

9.11 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 time lines 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 indication 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.

9.12 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 authorized 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.

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.

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 cumulative sick leave credits.

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.

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 replacements(s) if necessary.

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

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.

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.

The time limits stipulated in 9.07 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.

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.

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

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

10.02 The parties agree that for probationary, temporary, casual and transitional employees, a lesser standard for discharging employees shall apply. Accordingly, the dismissal of these employees shall not be made the subject of a grievance.

10.03 “Discipline” shall mean:

1. a letter of reprimand, or
2. suspension with or without loss of pay, or
3. loss of pay

10.04 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.

11.01 The employer shall provide a Bulletin Board for the posting of Union notices thereon.  All Union notices posted thereon shall be signed by an Officer of the Union and shall be approved by Management before posting.  Such approval shall not unreasonably be withheld.

12.01 The Employer shall recognize its obligations to provide a safe and healthful 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.

12.02 The Employer shall provide protective equipment and protective clothing to employees who require it to do their job safely. Employees are responsible for utilizing the protective equipment provided if directed to do so by their school administrator or Human Resources.

13.01 A member shall not be required to administer medication or perform health support services unless these activities are specific requirements included in their assigned duties and for which they have been trained. The Board recognizes its obligation to provide adequate insurance coverage for Educational Assistants.

14.01 The Board agrees that there shall be no lockout of any employees and the Local 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.

15.01 The Employer recognizes the following as paid holidays for all employees:

New Year’s Day                               Family Day

Good Friday                                      Easter Monday

Victoria Day                                      Canada Day

Labour Day                                       Thanksgiving Day

Christmas Day                                  Boxing Day

16.01 All employees shall be entitled to vacation pay at the employee’s regular rate of pay as follows:

Length of continuous service      Gross pay for all hours worked as of June 30

Less than three years                  4%

Three to seven years                   6%

Seven to fifteen years                  8%

Fifteen to twenty-five years         10%

After twenty-five years                 12%

16.02 Employees currently enjoying a better entitlement shall continue at their current rate and then follow the new schedule to their next vacation entitlement.

16.03 Vacation Pay in accordance with Article 16.01 shall be paid on each pay date.

17.01 When weather conditions make it impossible for an Educational Assistant to reach the employee’s workplace, as per the Board Policy there will be no pay deductions or loss of other 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.

18.01 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.

18.02 When an employee disputes the accuracy or completeness of any such information, they shall do so in writing and this information shall be added to the file.  Subject to written notification, the Board will correct any personal data which reflects the employee’s current status.

18.03 Upon written request of the employee to the Superintendent of Education with Human Resources responsibilities, documents contained in an employee's personnel file which are disciplinary in nature, and all supporting documents shall be removed from the file twenty-four (24) months after their date of issue, unless further similar disciplinary action has occurred in that period.

Notwithstanding the above clause, disciplinary materials regarding suspensions, harassment or violence, or any discipline related to physical, emotional or psychological harm to students or other employees of the Board will remain in an employee’s File.

19.01 For all paid leaves there will be no loss to the employee of salary, benefits or seniority.

19.02 Leave For Union Business

Upon written application to the Board by the Bargaining Unit, the Board through the Director of Education or a designate, will grant up to one (1) full time equivalent Union Leave.  Additional Union Leave may be granted by the Director or designate and such granting of leave shall not be unreasonably withheld.

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

The Board 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 Board 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.

Up to three (3) employees required for grievance, arbitration, and/or mediation shall be granted leave without reduction in pay, allowances, benefits, increment, experience, seniority, or cumulative sick leave credits.  The Board shall provide and pay for a temporary employee to replace the said union member(s).  Time off shall not be granted at Board expense to prepare for grievance, arbitration, and or grievance mediation.

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 union duties.

• 19.02.1 Subject to Article 31 Recall and Article 33 Layoff and Placement Procedures, at the end of the period of the union leave, the Member shall return to the same position held by the Member immediately prior to the commencement of the leave, if it still exists, or to a comparable position, if it does not.

19.03 Leave for Negotiations

The respective negotiating teams of the parties to this agreement may number up to five (5) persons, excluding persons acting on behalf of or assisting the teams.  Employees who are members of the Bargaining Unit’s negotiating team shall be treated in all respects during time spent negotiating as if they were actively at work. All costs associated with the release of the negotiating team will be reimbursed by the union.

19.04 Sick Leave

As sick leave provisions are covered under the Central Agreement, refer to Article C12.00, page 13 in Part A of this Collective Agreement.

19.05 Quarantine Leave

Leave with pay and without deduction from sick leave shall be granted to an employee for a period of quarantine when declared by the medical officer of health.

19.06 Bereavement Leave

All Educational Assistants shall be granted up to five (5) days leave without loss of salary or benefits to attend the funeral of a parent, wife, husband, sister, brother, child, mother-in-law, father-in-law, brother-in-law, sister-in-law, grandparent, step parent, step child and grandchild, son-in-law and daughter-in-law. It is understood that the Board will also follow the Ontario Human Rights Code allowances.

All employees shall be granted up to three (3) days leave without loss of salary or benefits to attend the funeral of an aunt, uncle, niece and nephew.  The board may grant a maximum of two (2) additional days travelling time.

19.07 Compassionate Leave

Compassionate leave with pay shall be granted to Educational Assistants to a maximum of five (5) days per year, for medical attendance of a serious illness requiring hospitalization or immediate medical attention in the case of immediate family, upon written application to the Superintendent of Education with Human Resources responsibilities. Immediate family shall be defined as spouse, common-law partner, child, step-child, parent, step-parent, sibling, grandparent, grandchild, mother-in-law, father-in-law. Compassionate leave may be granted consecutively with bereavement leave in consultation with the Superintendent of Education with Human Resources responsibilities. The Board reserves the right to request satisfactory proof of illness from a licensed medical practitioner, and should there be a fee, the Board will fully reimburse for the medical documentation.

19.08 Graduation Leave

A leave of absence of one (1) day with pay shall be granted for the purpose of attending graduation.  This applies to the graduation of the Educational Assistant, child, step-child, spouse or common-law partner from a post-secondary institution.

19.09 Other Leave

Request for leave with or without pay for any reason not stated above shall be submitted in writing by the employee concerned and may be granted by the Superintendent of Education with Human Resources responsibilities.

19.10 Leave of Absence Without Pay

The Director of Education or designate may grant a leave of absence without salary or loss of seniority, and with the right to retain benefits, for a period of up to one (1) year.  Requests for leave shall be made in writing to the Superintendent of Education with Human Resources responsibilities.  Such leave shall not unreasonably be withheld.

19.11 Jury or Witness Duty

Leave of absence shall be granted without deduction of salary, experience, seniority and benefits when an employee is required to serve on a jury or as a subpoenaed witness in any proceeding to which the employee is not a party, nor charged with an offence. Documented proof of subpoena may be requested.

19.12 Pregnancy Leave and SEB Plans

Pregnancy Leave Benefits

Definitions

1. “casual employee” means,
   1. A casual employee within the meaning of the local collective agreement,
   2. If clause (i) does not apply, an employee who is a casual employee as agreed upon by the board and the bargaining agent, or
   3.  If clauses (i) and (ii) do not apply, an employee who is not regularly scheduled to work “term assignment” means, in relation to an employee,
   4.  A term assignment within the meaning of the local collective agreement, or 
   5. Where no such definition exists, a term assignment will be defined as twelve (12) days of continuous employment in one assignment
2. The Employer shall provide for permanent employees and employees in term assignments who access such leaves, a SEB plan to top up their E.I. Benefits. An employee 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 Disability Program (STLDP). The SEB Plan pay will be the difference between the gross amount the employee receives from E.I. and her regular gross pay. 
3. SEB payments are available only to supplement E.I. benefits during the absence period as specified in this plan. 
4. Employees in term assignments shall be entitled to the benefits outlined in a) above, with the length of the SEB benefit limited by the term of the assignment. 
5. Casual employees are not entitled to pregnancy leave benefits. 
6. The employee must provide the Board with proof that they have applied for and are in receipt of employment insurance benefits in accordance with the Employment Insurance Act, as amended, before SEB is payable. 
7. Permanent employees and employees in term assignments not eligible for employment insurance benefits or the SEB plan will receive 100% of salary from the employer for the total of not less than eight (8) weeks with no deduction from sick leave or STLDP. 
8. Where any part of the eight (8) weeks falls during the period of time that is not paid (i.e. summer, March Break, etc.), the remainder of the eight (8) weeks of top up shall be payable after that period of time. 
9. Permanent employees and employees in term assignments who require longer than the eight (8) week recuperation period shall have access to sick leave and the STLDP subject to meeting the requirements to provide acceptable medical verification. 
10. If an employee begins pregnancy leave while on approved leave from the employer, the above maternity benefits provisions apply. 
11. The start date for the payment of the pregnancy benefits shall be the earlier of the due date or the birth of the child. 
12. 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. 

A SEB plan to top up their E.I. Benefits for eight (8) weeks of 100% salary is the minimum for all eligible employees. An employee who is eligible for such leave shall receive 100% salary for a period not to exceed eight (8) weeks 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 employee receives from E.I. and their regular gross pay. 

Seniority and experience continue to accrue during Pregnancy leave. 

Employees living in Quebec and eligible for benefits under the QPIP, are also eligible for this SEB plan. 

19.13 Parental Leave

The employer will grant a Parental Leave of absence without pay to an employee on permanent staff as per the terms of the Employment Standards Act.  An employee on parental leave shall continue to accumulate seniority.  On return from parental leave subject to surplus procedures the employee will be placed in their former position, if the position is continuing.

19.14 Adoption Leave

Adoption leave shall be granted in accordance with the mandatory provisions of the Ontario Employment Standards Act.  An employee on adoption leave shall continue to accumulate seniority.  On return from adoption leave, subject to surplus procedures the employee will be placed in their former position, if the position is continuing.

19.15 Examination Leave

Leave of absence of up to one (1) day with pay may be granted to an employee by their immediate supervisor, to write an examination written to improve professional or academic qualifications, if such a course is related to the job.

19.16 Personal Leave

All permanent non-probationary employees shall be entitled to three (3) personal leave days with pay to be taken during the contract year, upon the request of the employee.  The request shall be made at least two (2) days before the leave. Probationary employees will be allocated three (3) personal leave days upon successful completion of probation.

Indigenous employees may access the existing personal leave days referenced in 19.16, to:

1. vote in elections as indicated by self-governing Indigenous authority where the employee’s working hours do not otherwise provide three hours free from work, and/or
2. attend Indigenous cultural/ceremonial events.

19.17 Attendance Incentive Plan

The Board and the Union recognize the importance of reporting to work on a regular and predictable basis.  Effective September 1, 2010 an employee will be eligible for one additional Personal Leave day after September 1^st of each year, providing the employee has used five (5) or less sick days during the previous school year, ending June 30^th.

Employees who have a disability as defined by the Human Rights Code that is certified by a licensed medical practitioner will be evaluated on a case by case basis. The employee shall provide, from the licensed medical practitioner the reasonable number of sick days per school year to accommodate their disability.  The Board will establish the number of sick days required to earn an additional Personal Leave day based on the information received from the licensed medical practitioner.  In any case once this information is provided to the employer, the number of required sick days to earn to the Personal Leave Day, will be increased for the employee with the disability.  It is understood that employees who fail to provide the medical information will forfeit their right to an additional Personal Leave Day.

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

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

21.02 A member who holds certification as a teacher shall become and remain a member of the Ontario Teacher’s Pension Plan (T.P.P.) and remain a member in good standing with the Ontario College of Teachers.

21.03 The employer shall maintain pension plans with OMERS and TPP to which employees of this bargaining unit belonged prior to the signing of this agreement.

21.04 Members who are part-time shall be given the option of joining the OMERS Basic Pension Plan consistent with the provisions of the Ontario Pension Benefits Act and OMERS.

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

21.06 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.

22.01 Rates of pay effective September 1, 2022 to August 31, 2026:

EA Salary Grids

23.01 Hours of Work

The normal hours of work for full time employees shall be six and one half (6.5) hours (up to seven (7) hours based on student’s special needs).

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

23.02 Overtime

Overtime shall be authorized by the appropriate Superintendent. Unauthorized overtime shall not be recognized by the Board. Accumulated overtime will be taken as time off at a later date based upon one and one-half (1 1/2) hours off for each hour of overtime accumulated, or paid on the basis of one and one-half (1 1/2) times the member’s regular rate.  Where an employee elects to take time off, time taken shall be at a mutually agreed time.  Overtime applies in the following situations:

1. all work performed in excess of the seven (7) working hours in any one day or the thirty-five (35) hours in one week.
2. all work performed on a Saturday or Sunday.
3. notwithstanding the above, all work performed on a statutory holiday shall be at double time.

23.03 Breaks

All full time employees will be permitted a paid break of fifteen (15) minutes in the morning and fifteen (15) minutes in the afternoon as well as an unpaid thirty (30) minute lunch break. All part-time employees will be permitted a paid break of fifteen (15) minutes during their assignment.

It is understood that breaks are paid and therefore employees are required to remain on site. Employees may leave the worksite during their unpaid lunch.

Recognizing that school needs may require combining paid breaks with lunch breaks, it is understood that employees may only leave the worksite during the unpaid portion.

23.04 Lunch Period

Employees covered by this agreement shall be entitled to a minimum unpaid lunch period of one-half hour (1/2) during which they shall be free from any responsibility or duties.

23.05 Reassignment during Examination Days

It is understood that during secondary school examination days Educational Assistants may be reassigned to an elementary school within the community, on a temporary basis, based on need.

24.01 A request by two (2) individual employees to participate in a job sharing plan will be given consideration by Human Resources.  Employees working on a job sharing basis would be subject to the terms and conditions of part-time employees as outlined in various sections of this agreement.

25.01 Any Educational Assistant 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.

25.02 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.

26.01 All employees travelling on authorized Board business shall be reimbursed for mileage and other related expenses as per the Board Policy.

27.01 No member of the Union shall be laid off or suffer a reduction or a change in normally scheduled hours of work as a result of the placement of an Educational Assistant student or the use of a Co-op student.  The parties agree that Educational Assistant students and or Co-op students are placed for a learning experience and not to replace a member of the Bargaining Unit.

28.01 When the employer requests that an employee take in service training to assist in providing program needs to students, the employer will pay for the training, materials and all related costs including travel and lodging in accordance with Board Policy.

29.01 The Record of Employment for Educational Assistants will be issued as required by the Employment Insurance Act. They will be issued electronically directly to Service Canada.

30.01 Seniority is defined as the length of continuous service in the employment of the Board or predecessor Board, calculated from the date of last hire, as an Educational Assistant.

Seniority shall operate on a bargaining unit wide basis.

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

In determining skill, ability and qualification, the Special Education Administrator shall be entitled to consider the special needs of the child and the temperament, physical capabilities and suitability of the employee applicant for that child as priorities.

The Board shall maintain a seniority list showing the date upon which each employee’s unbroken service commenced.  An up-to-date list shall be sent to the Union and posted on all bulletin boards by May 15^th of each year.

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

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

1. are discharged for just cause and are not reinstated;
2. resign or quit;
3. are absent from work without contact with the employer for four (4) days or more;
4. are laid off for a period of (24) twenty-four consecutive months.

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

1. date/time of hire once accepted;
2. total experience with the Board as an Educational Assistant;
3. hours worked as an Educational Assistant;
4. apply these steps one (1) through three (3) after signing date for seniority reasons.

31.01 Employees who are laid-off shall have recall rights to available positions for a period of twenty-four (24) consecutive months. Recall to available positions shall be offered in order of seniority.  An employee shall have the right to refuse an offer of recall.  The employee shall not forfeit any rights of recall under this article for such refusal.  If two (2) employees have the same date of hire, full time employees shall be considered more senior than part-time employees.

31.02 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.

31.03 It shall be the responsibility of an employee or individual on layoff to keep the Board advised, in writing, of their current phone number.  The Board shall be deemed to have given an individual on layoff notice of recall by sending notice of recall by Board email.  Such notice shall include the date and time at which the individual is to report to work.  Such notice shall be deemed to be received on the third day after it has been sent by the Board.

31.04 When vacancies or new positions become available the most senior Educational Assistant on the recall list shall have the choice of positions if there are more than one, provided the employee possesses the skill, ability, and qualifications to meet the needs of the student/program.

31.05 An employee on layoff who is called back to work on temporary assignment shall receive their previous rate of pay prior to layoff provided the assignment is within the previous job classification group.

The Board shall confer with the Union to explain the reason for the proposed layoff and discuss alternatives as soon as possible.

32.01 Employees who have changed positions under the surplus procedures shall have the right to be placed in their former entity if such position becomes available within one (1) year of the employee being placed in another position.  The return to a former position shall take place at the end of the current school year.

33.01 It is understood that, unless notified by the Board, an Educational Assistant(s) will return to the school they left in June on the first day of pupil attendance in September. There are circumstances affecting work placement that include, but are not limited to, a student changing school, a change in program, a change to accommodate a child's new or special need, or a change in funding. An Educational Assistant may be notified by June 30^th but no later than August 1, if their job has become redundant or if there is to be a change in school assignment. It is understood that if circumstances regarding school and/or a particular student have changed during the school year, the employer may place an Educational Assistant within the same entity and in accordance with the provisions of this Article. Educational Assistants shall be assigned within their entity.

33.02 In the event that circumstances have changed, Educational Assistant(s) who were working in June, but have not been placed, may exercise “bumping rights”.

33.03 In the event that there are not enough positions available in September for all Educational Assistants working in June, the unplaced person(s) may exercise “bumping rights” into the most junior equivalent position if available, or if not available, the most junior part-time position. 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 entity, zone or regional bump.

33.04 Educational Assistants who are not currently working full time or are on the twenty-four (24) month recall list will be given priority for supply work respectively.

33.05 If one position becomes redundant in an entity, the most junior Educational Assistant in the entity will be declared redundant.  Should this employee be senior to other Educational Assistants, “bumping rights” will be exercised.

33.06 Seniority and bumping rights shall be exercised in an entity, zone, and regional basis. Employees shall be entitled to bump the most junior employee in their own entity initially.

33.07 An entity shall be defined as:

1. Hearst
2. Kapuskasing/Smooth Rock
3. Cochrane/ Iroquois Falls/ Matheson*
4. Timmins
5. Kirkland Lake/Englehart
6. Englehart/Kerns/Elk Lake
7. New Liskeard/Temagami/Kerns **

*  for the purposes of article 33.07, movement can take place between Iroquois Falls and Cochrane and Iroquois Falls and Matheson; no movement will take place between Cochrane and Matheson.

** for the purpose of article 33.07, no movement will take place between Temagami and Kerns.

33.08 An unplaced Educational Assistant shall also have the right to bump the least senior employee on a zone basis if the entity bumping continues to result in unemployment. The zone shall be out of the jurisdiction of the following predecessor boards:

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

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

The regions shall be:

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

33.10 Once all Educational Assistants 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.

33.11 Educational Assistants may request a 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 president of Bargaining Unit.

33.12 Any request for a reduced assignment will be made by request to the Regional Superintendent, in writing, by March 31^st.

33.13  If no employee currently working or on the seniority list will accept a vacancy which comes open, then the Board shall be entitled to hire a person without seniority.

34.01 An employee shall be paid for the Professional Activity Days and shall be required to participate in the scheduled professional activity sessions.

35.01 The Board shall pay to any member of the Bargaining Unit 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%).

35.02 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.

35.03 Once a member has accepted the severance allowance, the employer has no further employment obligations and the member’s employment is deemed to be terminated.

36.01 This Agreement 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 number 36.02.

36.02 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 thirty (30) days from the giving of notice.

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