Collective Agreement Between OSSTF and DSB1 - Occasional Teachers
Article 1 - Definitions
1.01BARGAINING UNIT shall be defined as Occasional Teachers’ Bargaining Unit, District 1 Ontario North East of the Ontario Secondary School Teachers’ Federation.
1.02 DAY shall be defined as school day unless otherwise indicated.
1.03 BOARD or EMPLOYER shall be defined as District School Board Ontario North East.
1.04 GRIEVANCE shall be defined as any matter arising from the interpretation, application, administration, or alleged violation of this Agreement, including any questions as to whether a matter is arbitrable.
1.05 OSSTF shall be defined as the Ontario Secondary School Teachers’ Federation.
1.06 PARTY shall be defined as either the Bargaining Unit or the Employer.
1.07 PERIOD shall be defined as the block of time or time allocation required by the Ministry of Education for one credit.
1.08 LONG TERM OCCASIONAL TEACHER shall mean a teacher who is employed as a substitute teacher for a period of more than ten (10) consecutive teaching days.
1.09 Occasional Teachers shall mean an Occasional teacher as defined in The Education Act (Section 1.1) and meeting the definition of “A teacher” as defined in The Teaching Profession Act (Section 1).
1.10 TEACHER shall mean a member of the OSSTF District 1 Teachers’ Bargaining Unit hired by District School Board Ontario North East.
Article 2 - Purpose and Effective Period
2.01It is the intent and purpose of the Parties to this Agreement:
- to maintain the existing harmonious relationships between the Employer and the Bargaining Unit;
- to provide for the prompt and fair disposition of grievances; and
- to recognize the mutual value of joint discussions in all matters referred to in this collective agreement.
2.02 This Agreement shall be in effect from September 1, 2022 and shall continue to be in force up to and including August 31, 2026 and shall continue automatically thereafter for annual periods of one year unless either party notifies the other, in writing, within ninety (90) days prior to the expiration date that it desires to negotiate with a view to renewal, with or without modifications of this Agreement, in accordance with the Ontario Labour Relations Act.
2.03 Notwithstanding the period of notice cited in 2.02, either party may notify the other, in writing within the period commencing April 1 prior to the expiration date that it desires to negotiate with a view to renewal, with or without modifications of this Agreement, in accordance with the Ontario Labour Relations Act.
Article 3 - Recognition and Scope
3.01 The Employer recognizes the Ontario Secondary School Teachers’ Federation as the bargaining agent for all Occasional Teachers employed by the Employer in its secondary schools save and except those also employed as probationary, permanent or continuing education Teachers pursuant to the Education Act.
3.02 The Employer recognizes the negotiating team of the Bargaining Unit as the group authorized to negotiate on behalf of OSSTF.
3.03 The Employer recognizes the right of the Bargaining Unit to authorize OSSTF or any other advisor, agent, counsel, solicitor, or duly authorized representative to assist, advise, or represent in all matters pertaining to the negotiation and administration of this Agreement.
3.04 The Bargaining Unit recognizes the right of the Employer to consult with their professional management and to obtain other such additional outside assistance as the Employer considers appropriate.
3.05 The Employer further recognizes the right of OSSTF to represent an Occasional Teacher at any meeting when formal discipline is being administered or at a meeting where there is a reasonable possibility of disciplinary action being taken.
Article 4 - Rights and Responsibilities
4.01 No Discrimination
Every teacher has a right to equal treatment with respect to employment and promotion without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, religion, creed, gender, age, sexual orientation, marital status, family status, or disability.
4.02 Statutory Responsibilities
The Employer and the Bargaining Unit agree to abide by the Education Act, the Employment Standard Act, the Ontario Human Rights Code, the Occupational Health and Safety Act, and any other prevailing statutes governing education and employment in Ontario, and all regulations thereunder.
Article 5 - Management Rights
5.01 The right to manage and conduct the business of the Employer in a fair and reasonable manner is vested exclusively with the Employer and its administration.
Article 6 - General
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 or designate and the Bargaining Unit President or designate.
6.02 The ratified Collective Agreement shall be posted on the Board website within two weeks of being proofed by the Bargaining Unit. New Members shall be advised as to where to access the agreement.
Article 7 - Grievance / Arbitration Procedures
7.01 An Occasional Teacher shall have the right to have present a representative from OSSTF to assist the member at any stage of this grievance and arbitration procedure.
7.02 Informal Stage
An Occasional Teacher, with the concurrence of the Bargaining Unit, may initiate a complaint with the immediate supervisor (the Principal in the case of all Teachers) who shall answer the complaint in writing within five (5) days after receipt of the complaint.
7.03 Grievance Procedure
In the case of a grievance by the Bargaining Unit, the following steps shall be taken in sequence where informal attempts to resolve the matter have failed.
Step 1
If the reply of the immediate supervisor of the grievor at the Informal Stage is not acceptable to the Bargaining Unit, the Bargaining Unit shall initiate a written grievance within twenty (20) days to the Superintendent of Education with Human Resources responsibilities or designate, who shall answer the grievance in writing within ten (10) days after receipt of the grievance.
7.04 The grievance shall contain:
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- 7.04.1 a description of how the alleged dispute is in violation of the agreement; and
- 7.04.2 the clauses in the agreement alleged to be violated; and
- 7.04.3 the relief sought; and
- 7.04.4 the signature of the duly authorized official of the Bargaining Unit.
7.05 Step 2
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.
7.06 Grievance Mediation
- At any stage in the grievance procedure, the Parties, by mutual consent, in writing, may elect to resolve the grievance by using grievance mediation. The Parties shall agree on the individual to be the mediator and the time frame in which a resolution is to be reached.
- The timelines outlined in the grievance procedure shall be frozen at the time the Parties mutually agreed in writing to use the grievance mediation procedure.
- Upon written notification of either Party to the other Party indicating that the grievance mediation is terminated the timelines in the grievance procedure shall continue from the point at which they were frozen.
7.07 Arbitration
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- 7.07.1 Notification The Party desiring arbitration shall notify the other Party in writing of its desire to submit the difference or allegation to arbitration.
- 1.07.2 Single Arbitrator Default The grievance shall be submitted to a mutually agreed upon single Arbitrator. Should the Parties fail to agree upon an Arbitrator, the appointment shall be made by the Minister of Labour upon the request of either Party.
- 7.07.3 Board of Arbitration Selection
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- 7.07.4 The single Arbitrator or Board of Arbitration shall have the powers specified in section 48 of the Labour Relations Act, 1995.
7.08 Powers of the Board of Arbitration
An Arbitrator or Arbitration Board shall have the power to amend the grievance, relieve against timelines, modify penalties, including discharge and disciplinary penalties, and take whatever action, or make whatever decision the Arbitrator or Arbitration Board considers just and equitable in the circumstances.
7.09 Notwithstanding 7.08 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.
7.10 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.
7.11 Should the investigation or processing or hearing of a grievance require that the grievor(s) or Bargaining Unit representative(s) or witnesses be released from his/her regular duties, he/she shall be released without reduction in salary, allowances, benefits, increment, experience, or cumulative sick leave credits.
7.12 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.
7.13 Cost of Arbitration
The Parties shall share the fees for a single Arbitrator, or a Chairperson of a Board of Arbitration, equally.
7.14 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.
7.15 The time limits stipulated in 7.02 for initiating a grievance shall not apply to a grievance involving remuneration during the current school year or the previous school year. Such a grievance may be initiated at any time prior to September 1 following the current school year.
7.16 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.
7.17 Nothing in this procedure shall be deemed to preclude the individual’s right to seek redress in law.
Article 8 - Salary
8.01 Occasional Teacher Daily Rate
Effective September 1, 2022 the Board shall pay rates of remuneration in accordance with the following:
(1) A teacher, employed as an Occasional Teacher, qualified to teach in the secondary schools in Ontario according to the Ontario Statutes, shall be paid the minimum salary of Category 1, Year 0, of the District School Board Ontario North East Secondary Teachers’ grid (Appendix A) in effect divided by 1000 times 1.568 for a period to time of 75 minutes ± 5 minutes.
Example
Period 75 minutes + 5 minutes
49,546.17 X 1.568 = $77.69 per period (includes statutory holiday pay)
1,000
(2) teacher, employed as an Occasional Teacher, not qualified to teach in the secondary schools in Ontario according to the Ontario Statutes, shall be paid 75% of the rate as established in Article 8.01 (1) (includes statutory holiday pay).
Example
$77.69 X 75% = $58.27 (includes statutory holiday pay)
(3) A scheduled period of instruction less than 75 minutes shall be prorated.
Example
60 minute period
60 X $77.69 = $62.15 (includes statutory holiday pay)
75
8.02 Occasional Teacher Hourly Rate
Hourly rates shall apply to all teaching assignments that are ordinarily paid by the hour such as: Home Instruction, Curriculum Writing Teams, etc.
- A teacher, employed as an Occasional Teacher on an hourly basis qualified to teach in a secondary school in Ontario according to the Ontario Statutes shall be paid an hourly rate of 1/1000 of the minimum salary of Category 1, Year 0, of the District School Board Ontario North East Secondary Teachers’ grid (Appendix A) plus vacation pay as per the Employment Standards Act (includes statutory holiday pay).
- A teacher, employed as an Occasional Teacher on an hourly basis not qualified to teach in a secondary school in Ontario according to the Ontario Statutes shall be paid for each hour of employment at the rate of 75% of the rate established in Article 8.02 (1), plus vacation pay as per the Employment Standards Act (includes statutory holiday pay).
8.03 Long Term Occasional Teacher Rate
Occasional Teachers shall be placed on the Secondary Teachers’ salary grid in accordance with the recognized teaching experience and category placement effective upon completion of the tenth (10th) consecutive day of teaching retroactive to the first day that the assignment began. The Teacher shall continue to be paid at this rate until the expiration of the assignment. This rate of pay is deemed to include any vacation pay entitlement. It is understood that any Professional Activity day or inclement weather day occurring in the ten (10) day consecutive period will be counted as a day towards the ten (10) days and will not impact the consecutive days of service.
8.04 Credit for Elementary and Secondary Teaching Experience
Credit shall be given for all full-time and part-time OCT qualified teaching experience in elementary and secondary schools in Canada.
Effective September 1, 2024, OCT qualified daily occasional teaching experience under District School Board Ontario North East schools shall be recognized such that twenty (20) days of accumulated experience shall be equal to 0.1 year of credit up to a maximum of 0.5 of a year of credit.
8.05 Experience on contract less than a complete year shall be prorated as a decimal of a year, correct to one decimal place, computed as: Number of school days of experience divided by number of school days in school year, accumulated at the end of each school year.
8.06 When accumulated experience equals or exceeds 0.6, placement on the salary schedule shall be at the next year of experience the following September.
8.07 When accumulated experience is less than 0.6, placement on the salary schedule shall be at the grid position for the full number of years of experience plus the decimal equivalent of experience times the grid interval. For example, 4.2 years shall be grid salary for 4 years plus 0.2 x (grid interval between 4 years and 5 years in the appropriate category).
8.08 Part-time teaching experience will be prorated as a decimal of full-time teaching.
8.09 When in the judgement of the Director or designate, other teaching experience as deemed valid equivalent of teaching experience in Secondary and/or Elementary schools in Ontario, the allowance shall be set in accordance with the grids set forth in Appendix A, and the Bargaining Unit President shall be notified.
8.10 Related Industrial or Trade Experience
Related Industrial or Trade Experience above the requirements for entrance to an Ontario Faculty of Education shall be paid as per grid to a maximum of seven (7) years. Six (6) months or more experience will count as a full year with the seven (7) year maximum without retroactivity of payment.
8.11 Documentation
The onus shall be on a newly hired Occasional Teacher to produce verification of the types of experience set forth in sections 8.10, and 8.11, as well as a category rating statement (from OSSTF or Qualifications Evaluation Council of Ontario (QECO)) and a record of accumulated teaching experience. Retroactive pay shall be limited to four (4) months prior to the date the documentation was submitted, within a school year.
8.12 At the point of hiring, the Employer shall inform each newly hired Occasional Teacher of the necessity of producing the verification set forth in 8.12.
8.13 Grid Placement
The annual increment structure is set out in Appendix A. The effective date for all increment changes shall be the first day of the school year calendar.
8.14 Professional Activity Days
The Occasional Teacher who is on a long term contract will be entitled to his/her salary for Professional Activity Days and Examination Days which occur during the term of the contract.
8.15 After three (3) months in a long term occasional teaching assignment, an Occasional Teacher shall be paid in accordance with Article 10.01, Method of Payment, of the OSSTF District 1 Teachers’ Bargaining Unit Collective Agreement.
8.16 A short-term Occasional Teacher may attend a Professional Activity Day or any other in-service program on a voluntary basis without pay and with the approval of the Principal providing space is available.
8.17 For the purpose of reporting hours worked for Employment Insurance, the Employer shall record each full work day as 8 hours worked.
Article 9 - Method of Payment
9.01 Occasional Teachers shall be paid every two weeks. The deposit advice will indicate among other statutory requirements the amount being paid for wages and the amount being paid for vacation pay entitlement. All Long Term Occasional Teachers in a posted LTO position, shall be paid in accordance with Article 10.01 of the OSSTF District 1 Teacher Bargaining Unit Collective Agreement.
Article 10 - Employee Benefits
10.01 A full time Long Term Occasional Teacher who has a teaching assignment that exceeds sixty (60) teaching days shall receive $5.49 per day in lieu of Vision Care, Dental and Extended Health. Part-time teachers shall have this amount prorated in accordance with their FTE. It is understood payment will begin on the 61st day of the teaching assignment.
10.02 Pregnancy Leave Benefits
- The Board shall provide for Long-Term Occasional Teachers who access such leaves, a SEB plan to top up their E.I. Benefits. The teacher who is eligible for such leave shall receive salary for a period immediately following the birth of their child, but with no deduction from sick leave or the Short Term Leave Disability Program (STLDP). The SEB Plan pay will be the difference between the gross amount the Teacher receives from E.I. and their regular gross pay.
- SEB payments are available only to supplement E.I. benefits during the absence period as specified in this plan.
- Teachers hired in a term position or filling a long-term assignment shall be entitled to the benefits outlined in a) above, with the length of the SEB benefit limited by the term assignment.
- Teachers on daily casual assignments are not entitled to pregnancy leave benefits.
- The Teacher 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.
- Teachers not eligible for Employment Insurance benefits or the SEB plan will receive 100% of salary from the Board for a total of not less than eight (8) weeks with no deduction from sick leave or STLDP.
- For clarity, for any part of the eight (8) weeks that falls during a period of time that is not paid (e.g. summer, March Break, etc.), the remainder of the eight (8) weeks of top-up shall be payable after that period of time.
- Teachers who require a longer than eight (8) week recuperation period shall have access to sick leave and the STDLP through the normal adjudication process.
- If a Teacher begins pregnancy leave while on an approved leave from the Board, the above maternity benefits provisions apply.
- The start date for the payment of the pregnancy benefits shall be the earlier of the due date or the birth of the child.
- 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 teachers. The teacher who is eligible for such leave shall receive 100% salary for a period of not to exceed eight (8) weeks immediately following the birth of their child but with no deductions from sick leave or the Short Term Disability Program (STLDP). The SEB Plan pay will be the difference between the gross amount the teacher receives from E.I. and their regular gross pay.
Article 11 - Calling In Procedures
11.01 An Occasional Teacher may be a member of more than one Teachers’ bargaining unit.
11.02 Call-in Procedures
Occasional Teachers will be called for assignments according to the following criteria:
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- FIRST: The Occasional Teacher who has an Ontario Teacher’s Certificate with specific qualifications in areas required and is a member in good standing of the College of Teachers;
- SECOND: The Occasional Teacher who has an Ontario Teacher’s Certificate and is a member in good standing of the College of Teachers; Notwithstanding b), a person who holds journeyman qualifications in one of the related technological areas, may be hired for an occasional position in the area in which the person holds the journeyman qualifications.
- THIRD: The Occasional Teacher who is not qualified and/or is not a member in good standing of the College of Teachers.
11.03 In order to improve daily instruction as provided by an Occasional Teacher, the Board will request its regular teachers, through the principal, to provide the following information for the Occasional Teacher:
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- Current class list for each class assigned;
- Current seating plan for each class assigned;
- Details of the work assignment for each class;
- Details of any special events planned for that school day.
- Safety plans;
- Lock down procedures;
- Relevant log-in information; and
- Keys
Article 12 - Cancellation
12.01 An Occasional Teacher shall be entitled to one-half day’s pay in the event the Occasional Teacher’s services are not required on a day that the Occasional Teacher was instructed to report if no cancellation of the assignment was made prior to nine o’clock p.m. (9:00 p.m.) the preceding day. It is understood that this clause shall not apply in instances of bus cancellation or school closure.
Article 13 - Request For Leave
13.01 A Long Term Occasional Teacher may apply to the Superintendent with Human Resources responsibilities for Leave without pay. Granting of such Leave, as well as terms and conditions of such leave are at the discretion of the Superintendent with Human Resources responsibilities.
13.02 A Long Term Occasional Teacher may apply to the appropriate Regional Superintendent for Leave with pay to attend a funeral or to attend a person suffering a serious illness. Granting of such leave, as well as the terms and conditions of such leave are at the discretion of the appropriate Regional Superintendent.
Article 14 - Working Conditions
14.01 The timetable for an Occasional Teacher(s) shall be the same as the timetable of the teacher(s) who is being replaced, but may be altered by mutual consent of the Principal and the Occasional Teacher.
14.02 Occasional Teachers (short term) shall assume the supervisory duties of the teacher(s) they are replacing.
14.03 Occasional Teachers (short term) shall not be assigned any supervisory duties on Days that they are assigned four (4) periods.
14.04 Except when mutually agreeable, no Occasional Teacher (short term) shall be assigned any Physical Education, Technological Studies, Family Studies, or Science courses with the expectation of delivering practical instruction.
Article 15 - Personnel Files - Access to Information
15.01 An Occasional Teacher shall have access to their personnel file maintained by the Superintendent of Education with Human Resources responsibilities or designate at the Board Office.
15.02 Upon prior written request to Human Resources, an employee will be provided with a copy of their personnel file. The file will be copied and the employee will pick up the file at the Board Office (Schumacher or New Liskeard), with a signature upon pickup.
15.03 Where an Occasional Teacher disputes the accuracy or completeness of any such information, other than the evaluation report, the Occasional Teacher shall do so in writing.
15.03.1 The request of the Occasional Teacher to remove or edit the information in their personnel file will be added to their file.
15.04 This information shall be added to the Occasional Teacher’s file.
15.05 Upon written request of the Teacher to the Superintendent of Education with Human Resources responsibilities, documents contained in the Teacher’s personnel file which are disciplinary in nature and all supporting documents shall be removed from the file two (2) years after their date of issue, unless further similar disciplinary action has occurred in that period.
15.06 Notwithstanding 15.05, disciplinary materials regarding suspensions, harassment or violence, or any discipline related to physical, emotional or psychological harm to students or other employees of the Board will remain in a Teacher’s file.
15.07 Upon written request semi-annually to the Superintendent of Education with Human Resources responsibilities or designate, the president of the Bargaining Unit or designate shall have access to the file containing a list of Occasional Teachers, showing their names, addresses, and membership in the College of Teachers.
Article 16 - Evaluations
16.01 “Evaluation” under this section shall mean an assessment of an Occasional Teacher’s work by a Supervisory Officer of the Employer, or the Principal or Vice-Principal who is a member of the College of Teachers for the purpose of determining the quality of job performance.
16.02 Any criteria established by the Employer for evaluation of Occasional Teachers or modifications to existing procedures shall be developed in consultation with the Bargaining Unit.
16.03 An Occasional Teacher, who has successfully completed their probationary period, shall not be disciplined or discharged without just cause and such cause shall be communicated in writing.
16.04 A Teacher Performance Appraisal will not occur during the last two (2) weeks of a semester, except where required by a mandatory timeline or at the mutual agreement of the parties.
16.05 An Occasional Teacher shall be provided a minimum of forty-eight (48) hours’ notice before a classroom observation. In the event of a cancellation of the observation, the observation may occur as soon as the next instructional day.
16.06 When an Occasional Teacher receives an Unsatisfactory Teacher Performance Appraisal, the Board shall advise the Bargaining Unit President of that fact and the date, time and location of the post-observation meeting, so as to allow the Bargaining Unit President to offer the Teacher assistance.
16.07 When an Occasional Teacher receives an Unsatisfactory Teacher Performance Appraisal, the Board, with the written permission of the Teacher, will forward a copy of the report to the Bargaining Unit President.
Article 17 - Job Vacancies
17.01 The Employer shall provide bulletin boards for the use of the Federation at appropriate locations upon which the Bargaining Unit shall have the right to post notices relating to matters of interest to the Federation and the Teachers.
17.02 A job posting for a long term occasional position shall be required for any period of ten (10) days or more.
17.03 All such positions shall be advertised at the designated area in each school and campus of the Employer. External advertising may run concurrently with internal advertising.
17.04 The Bargaining Unit President or designate shall be notified of all postings, appointments, hirings, and terminations of employment.
17.05 Teams assembled for the purpose of interviewing candidates for positions in OSSTF Bargaining Units shall not include OSSTF members.
Article 18 - Dues
18.01 OSSTF shall indemnify and hold the Employer harmless from any claims, suits, attachments, and any form of liability as a result of such deductions authorized by OSSTF.
18.02 On each pay date on which an Occasional Teacher is paid, the Employer shall deduct from each Teacher, the OSSTF dues. The amounts shall be determined by OSSTF in accordance with its constitution and forwarded in writing to the Employer at least thirty (30) days prior to the expected date of change.
18.03 The OSSTF dues deducted in 18.02 shall be remitted to the Treasurer of OSSTF at 49 Mobile Drive, Toronto, Ontario, M4A 1H5, no later than the fifteenth of the month following the date on which the deductions were made. Such remittance shall be accompanied by a list identifying the Teachers, their Social Insurance Numbers, salary for the period, and the amounts deducted.
Article 19 - Health and Safety
19.01 The Board and OSSTF recognize the importance of promoting a safe and healthy environment for employees and of fulfilling their respective duties and obligations under the Occupational Health and Safety Act and its accompanying Regulations.
19.02 The Employer agrees to develop explicit policies and procedures to deal with violence. The policy shall address the prevention of violence, the management of violent situations, and support the Occasional Teacher who has faced violence.
Article 20 - Probationary Period
20.01There shall be a probationary period of forty-five (45) days worked. During this probationary period, the Board may terminate the assignment for reasons satisfactory to the Board.
Article 21 Strikes and Lockouts
21.01 There shall be no strike or lock-out during the term of this Agreement. The terms “strike and lock-out” shall be as defined in the Ontario Labour Relations Act.
21.02 No change can be made to this Agreement without the mutual written consent of the Parties; nor can any changes be made to this Agreement without submitting the changes for ratification by the Parties, as determined by their respective bargaining procedures.
Article 22 - Medical Procedure
22.01 No Occasional Teacher shall be required to do any medical or physical procedure for pupils that might in any way endanger the safety or well-being of the pupil or subject the Occasional Teacher to risk of injury or liability for negligence.
Article 23 - Leaves
23.01Bereavement Leave
Bereavement leave of up to three (3) days shall be granted without loss of pay or deduction from sick leave to a Long Term Occasional Teacher in the event of the death of a spouse, common-law partner, parent, step-parent, child, step-child, legal guardian, sibling, mother-in-law, father- in-law, or grandparent and as outlined by Ontario Human Rights.
23.02 Court Appearances
A Long Term Occasional Teacher who is absent by reason of a summons to serve as a juror or a witness in any court to which the Occasional Teacher has been summoned in any proceedings to which the Long Term Occasional Teacher is not a party to or one of the persons charged, shall be paid the applicable earnings under 8.03 until the end of the assignment, provided that the Long Term Occasional Teacher pays to the Board any fees, exclusive of traveling allowances and living expenses, received as a juror.
23.03 Examination Leave or Indigenous Leave
A teacher in a posted long-term occasional position shall be granted a leave of 0.5 of a day per school year without loss of salary or benefits for the purpose of writing an examination related to the teacher’s employment, or 0.5 of a day per school year for the purpose of voting in elections as indicated by a self-governing Indigenous authority where the employee’s working hours do not otherwise provide three hours free from work.
23.04 Birth/Adoption of a Child Leave
A teacher in a posted long-term occasional position shall be granted a leave of 1 day without loss of salary or benefits upon the birth/adoption of the employee’s child.
Article 24 - Employment
24.01 To be eligible for inclusion on the Qualified Occasional Teacher list, an Occasional Teacher must be a member in good standing of the Ontario College of Teachers.
24.02 An Occasional Teacher’s name shall remain on the Occasional Teacher list unless they are terminated, resign, or are no longer available for assignment. If a teacher has not worked as an occasional employee of the Board for ninety (90) days, the Occasional Teacher will be removed from the list and the Bargaining Unit President is notified. This can be precluded by arranging a leave of absence with the Superintendent of Human Resources. Such leave shall not be denied without cause.
24.03 The Employer agrees to notify the Bargaining Unit President in writing of each hiring and termination of an Occasional Teacher.
24.04 The Employer agrees to provide the Bargaining Unit President, upon request, but no more than three (3) times a year, with a list showing the name, address and phone number of each Occasional Teacher in the Bargaining Unit.
24.05 Occasional Teachers shall notify the Employer, in writing, of any changes of address and/or telephone number required by the Employer to contact the Occasional Teacher regarding teaching assignments.
Article 25 - Termination of Employment
25.01 Nothing herein prevents an Occasional Teacher and the Employer from mutually agreeing to the Occasional Teacher’s resignation at any time.
Article 26 - Independent Medical Examination
26.01 Should an independent medical examination (IME) be required, the Occasional Teacher shall receive a copy of the IME report upon the request of the teacher.
Article 27 - Investigation Notice
27.01 When an investigation is initiated, the Superintendent of Education with Human Resources responsibilities or their designate will inform the Occasional Teacher of the investigation and any impact on their employment status.
Prior to the imposition of any such actions, there shall be a meeting held between the Occasional Teacher and a Board representative to discuss the matter. The Union shall be made aware of such meeting. The Occasional Teacher shall have the right to have a representative of the Union present and shall be informed of the purpose of the meeting.
If, after two (2) weeks from the date the teacher was removed from the replacement call out system, the investigation has not been completed and it can be demonstrated that it is ‘by fault of the Board’, the teacher will be paid a weekly amount equal to their average weekly earnings as an Occasional Teacher for the current school year. This payment will commence two weeks after the employee’s employment status was changed and will cease upon completion of the investigation. If it can be demonstrated that the delay was caused by another agency/organization, the employee will not receive any remuneration.
Appendix