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OCEW Central Agreement

OCEW - Part A: Central Terms

C1.00 – Structure and Content of Collective Agreement
  • C1.1 Separate Central and Local Terms
    The collective agreement shall consist of Central Terms and Local Terms.
  • C1.2 Implementation
    Central Terms may include provisions respecting the implementation of central terms by the school board and, where applicable, the bargaining agent. Any such provision shall be binding on the school board and, where applicable, the bargaining agent.
  • C1.3 Parties
    The parties to the collective agreement are the school board and the bargaining agent. If applicable, Central collective bargaining shall be conducted by the central employer and employee bargaining agencies representing the local parties.
  • C1.4 Single Collective Agreement
    Central Terms and Local Terms shall together constitute a single collective agreement.
C2.00 – Length of Term / Notice to Bargain / Renewal
  • C2.1 Single Collective Agreement
    The Central and Local Terms of this collective agreement shall constitute a single collective agreement for all purposes.
  • C2.2 Term of Agreement
    The term of this collective agreement, including Central Terms and Local Terms, shall be for a period of four (4) years from September 1, 2022 to August 31, 2026, inclusive.
  • C2.3 Where Term Less Than Agreement Term
    Where a provision of this collective agreement so provides, the provision shall be in effect for a term less than the term of the collective agreement.
  • C2.4 Term of Letters of Understanding
    All Central Letters of Understanding appended to this agreement, or entered into after the execution of this agreement shall, unless otherwise stated herein, form part of the collective agreement, run concurrently with it, and have the same termination date as the agreement.
  • C2.5 Amendment of Terms
    In accordance with Section 42 of the School Boards Collective Bargaining Act, 2014, the central terms of this agreement, excepting term, may be amended at any time during the life of the agreement upon mutual consent of the Central Parties and agreement of the Crown.
  • C2.6 Notice to Bargain
    • Where central bargaining is required under the School Boards Collective Bargaining Act, 2014, notice to bargain centrally shall be in accordance with Sections 28 and 31 of that Act, and with Section 59 of the Labour Relations Act, 1995.
    • Notice to commence bargaining shall be given by a Central Party:
      • Within 90 (ninety) days of the expiry of the collective agreement; or
      • Within such greater period agreed upon by the parties; or
      • Within any greater period set by regulation by the Minister of Education.
    • Notice to bargain centrally constitutes notice to bargain locally.
C3.00 – Definitions
  • C3.1 Unless otherwise specified, the following definitions shall apply only with respect to their usage in standard central terms. Where the same word is used in the Local Terms of this collective agreement, the definition in that part, or any existing local interpretation shall prevail.
  • C3.2 The "Central Parties" shall be defined as the Employer Bargaining Agency, the Council of Trustees' Association (CTA) and the Employee Bargaining Agency, the Ontario Council of Educational Workers (OCEW). The OCEW is composed of: COPE Ontario and its Locals 103, 429, 454, 527 and 529; Essex and Kent Counties Skilled Trades Council; Labourers' International Union of North America, Local 837; Maintenance and Construction Skilled Trades Council; Ontario Public Service Employees Union; and Unifor. The CTA is composed of: ACÉPO, AFOCSC, OCSTA, and OPSBA.
  • C3.3 "Employee" shall be defined as per the Employment Standards Act.
  • C3.4 Casual Employeemeans:
    • a casual employee within the meaning of the local collective agreement;
    • if clause i. does not apply, an employee who is a casual employee as agreed upon by the board and the bargaining agent; or
    • if clauses i. and ii. do not apply, an employee who is not regularly scheduled to work.
  • C3.5 Term Assignmentmeans, in relation to an employee:
    • a term assignment within the meaning of the local collective agreement; or
    • where no such definition exists, a term assignment will be defined as twelve (12) days of continuous employment in one assignment.
  • C3.6 School Board (also referred to as "Board" or "Employer") shall have the same meaning as in the School Boards Collective Bargaining Act, 2014.
C4.00 – Central Labour Relations Committee
  • C4.1 The CTA and OCEW agree to establish a joint Central Labour Relations Committee to promote and facilitate communication between rounds of bargaining on issues of joint interest.
  • C4.2 The parties to the Committee shall meet within sixty days of the completion of the current round of negotiations to agree on Terms of Reference for the Committee.
  • C4.3 The Committee shall meet as agreed but a minimum of three times in each school year.
  • C4.4 The parties to the Committee agree that any discussion at the Committee will be on a without prejudice and without precedent basis, unless agreed otherwise.
  • C4.5 The committee shall include up to six (6) representatives from OCEW and up to six (6) representatives from the CTA. The parties agree that the Crown may attend meetings.
  • C4.6 OCEW and CTA representatives will each select one co-chair.
  • C4.7 Additional representatives may attend as required by each party.
C5.00 – Central Grievance Process
  • The following process pertains exclusively to grievances on central matters that have been referred to the Central Process. In accordance with the School Boards Collective Bargaining Act central matters may also be grieved locally, in which case local grievance processes will apply.
  • C5.1 Definitions
    • A "grievance" shall be defined as any difference relating to the interpretation, application, administration, or alleged violation or arbitrability of an item concerning any Central Term of a collective agreement.
    • The "Central Parties" to the grievance process shall be defined as the Council of Trustees' Association and the Ontario Council of Educational Workers (OCEW).
    • The "Local Parties" shall be defined as the parties to the collective agreement.
    • "Days" shall mean regular school days.
  • C5.2 Central Dispute Resolution Committee
    • There shall be established a Central Dispute Resolution Committee (CDRC), which shall be composed of four (4) representatives from the Council of Trustees' Association, two (2) representatives of the Crown and six (6) representatives from the OCEW. The Committee may meet in person, by tele or video conference or in any other manner agreeable to the committee.
    • The Central Parties shall each have the following rights: to file a dispute as a grievance with the Committee; to engage in settlement discussions and to mutually settle a grievance with the consent of the Crown; to withdraw a grievance; to mutually agree to refer a grievance to the local grievance procedure; to mutually agree to voluntary mediation; to refer a grievance to final and binding arbitration at any time.
    • The Crown shall have the following rights: to give or withhold approval to any proposed settlement between the Central Parties; to participate in voluntary mediation; to intervene in any matter referred to arbitration.
    • Only a Central Party may file a grievance and refer it to the Committee for discussion and review. No grievance can be referred to arbitration without three (3) days' prior notice to the Committee.
    • Each of the Central Parties and the Crown shall be responsible for their own costs for the central dispute resolution process.
  • C5.3 The grievance shall include:
    • Any central provision of the collective agreement alleged to have been violated.
    • The provision of any statute, regulation, policy, guideline, or directive at issue.
    • A detailed statement of any relevant facts.
    • The remedy requested.
  • C5.4 Referral to the Committee
    • Prior to referral to the Committee, the matter must be brought to the attention of the other local party.
    • A Central Party shall refer the grievance to the CDRC by written notice to the other central party, with a copy to the Crown, but in no case later than 40 days after becoming aware of the dispute.
    • The Committee shall complete its review within 10 days of the grievance being filed.
    • If the grievance is not settled, withdrawn, or referred to the local grievance procedure by the Committee acting by consensus, the central party who has filed the grievance may, within a further 10 days, refer the grievance to arbitration.
    • All timelines are directory and may be extended by mutual consent of the parties.
  • C5.5 Voluntary Mediation
    • The Central Parties may, on mutual agreement, request the assistance of a mediator.
    • Where the Central Parties have agreed to mediation, the remuneration and expenses of the person selected as mediator shall be shared equally between the central parties.
    • Timelines shall be suspended for the period of mediation.
  • C5.6 Selection of the Arbitrator
    • Arbitration shall be by a single arbitrator.
    • The Central Parties shall select a mutually agreed upon arbitrator.
    • The Central Parties may refer multiple grievances to a single arbitrator.
    • Where the Central Parties are unable to agree upon an arbitrator within 10 days of referral to arbitration, either Central Party may request that the Minister of Labour appoint an arbitrator.
    • The remuneration and expenses of the arbitrator shall be shared equally between the Central Parties.
  • C5.7 The arbitrator shall have all of the powers provided to arbitrators under the Labour Relations Act and under section 43 of the School Boards Collective Bargaining Act, 2014 and the authority to order a remedy which the arbitrator considers just and reasonable.
C6.00 – Work Year
  • The full-time work year for all employees employed in EA and ECE job classes shall be a minimum of 194 work days to correspond with the school year calendar.
C7.00 – Specialized Recruitment and Retention
  • The following language applies to a particular position that requires post-secondary training, licensing, and is not funded on a provincial grid. It also includes a position in the information technology sector requiring specialized skills.
  • Where a school board determines that an evaluation is necessary, and where the compensation package for the position is determined to be below the local market value outside of the education sector, as evidenced by a local market value assessment, the applicable school board may adjust the base wage or salary rate for the position following a discussion between the local parties.
C8.00 – Benefits
  • The date on which the board and the bargaining unit commenced participation in the OECTA ELHT shall be referred to herein as the "Participation Date". For employees who joined the OCEW Benefits Plan, the Participation Date was June 1, 2018. For employees who joined the Unifor Benefits Plan, the Participation Date was November 1, 2018.
  • C8.1 Eligibility and Coverage
    • The OECTA ELHT will maintain eligibility for OCEW and Unifor represented employees who are currently eligible for benefits, and any newly eligible employee covered by the local terms of the applicable collective agreement.
    • Retirees who were previously represented by OCEW or Unifor, who were, and still are members of a board benefit plan as at the participation date are eligible to receive benefits through the ELHT with funding based on prior arrangements.
    • No individuals who retire after the Participation Date are eligible for benefits.
  • C8.2 Funding
    Funding to the current OCEW rate and Unifor rate are as follows:
    • September 1, 2022: 1% increase – OCEW $5,712.00 / Unifor $5,753.65
    • September 1, 2023: 1% increase – OCEW $5,769.12 / Unifor $5,811.19
    • September 1, 2024: 1% increase – OCEW $5,826.82 / Unifor $5,869.30
    • September 1, 2025: 1% increase – OCEW $5,885.08 / Unifor $5,927.99
    • August 31, 2026: 4% increase – OCEW $6,120.48 / Unifor $6,165.11
  • C8.3 Cost Sharing
    • The terms and conditions of any existing Employee Assistance Program/Employee Family Assistance Program shall remain the responsibility of the respective Board and not the ELHT, maintaining current employer and employee co-share where they exist.
    • Any cost sharing or funding arrangements regarding the EI rebate will remain status quo.
  • C8.4 Full-Time Equivalent (FTE) and Employer Contributions
    • For purposes of ongoing funding, the FTE positions will be those consistent with the Ministry of Education FTE directives as reported in Appendix H – staffing schedule by Employee/Bargaining group for job classifications that are eligible for benefits.
    • The FTE used to determine the board benefits contributions will be based on the estimated average FTE reported by the boards in the staffing schedule by Employee/Bargaining group as of October 31 and March 31.
    • Monthly amounts paid by the board to the OECTA ELHT's administrator based on estimated FTE shall be reconciled by the Crown to the actual average FTE for each school year ending August 31.
    • In the case of a dispute regarding the FTE used to determine the boards' benefits contributions to the OECTA ELHT, the dispute shall be resolved between the board and the local union represented by OCEW. If no resolution can be achieved it shall be subject to the Central Dispute Resolution Process.
  • C8.5 Pay in Lieu of Benefits
    • All employees not transferred to the Trust who received pay in lieu of benefits under a collective agreement in effect as of August 31, 2014, shall continue to receive the same benefit.
    • For all construction or maintenance employees participating in a benefits plan provided by their construction union or affiliate, payment for this arrangement will remain the on-going obligation of the affected boards.
    • New hires after the Participation Date who are eligible for benefits through the OECTA ELHT are not eligible for pay in lieu of benefits.
  • C8.6 Privacy
    The Parties agree to inform the Trust Plan Administrator that, in accordance with applicable privacy legislation, the Trust Plan Administrator shall limit the collection, use and disclosure of personal information to information that is necessary for the purpose of providing benefits administration services. The Trust Plan Administrator's policy shall also be based on the Personal Information Protection and Electronic Documents Act (PIPEDA).
  • C8.7 Benefits Committee
    A benefits committee comprised of the employee representatives and the employer representative, including the Crown, will convene upon request to address all matters that may arise in the delivery of the OCEW benefits plan.
C9.00 – Statutory Leave of Absence / SEB
  • C9.1 Family Medical Leave or Critical Illness Leave
    • Family Medical Leave or Critical Illness leaves granted to an employee under this Article shall be in accordance with the provisions of the Employment Standards Act, as amended.
    • The employee will provide to the employer such evidence as necessary to prove entitlement under the ESA.
    • An employee contemplating taking such leave(s) shall notify the employer of the intended date the leave is to begin and the anticipated date of return to active employment.
    • Seniority and experience continue to accrue during such leave(s).
    • Where an employee is on such leave(s), the Employer shall continue to pay its share of the benefit premiums, where applicable. To maintain participation and coverage under the Collective Agreement, the employee must agree to provide for payment for the employee's share of the benefit premiums, where applicable.
    • In order to receive pay for such leaves, an employee must access Employment Insurance and the Supplemental Employment Benefit (SEB) in accordance with C9.2, if allowable by legislation. An employee who is eligible for E.I. is not entitled to benefits under a school board's sick leave and short term disability plan.
  • C9.2 Supplemental Employment Benefits (SEB)
    • The Employer shall provide for permanent employees who access such Leaves, a SEB plan to top up their E.I. Benefits. The permanent employee who is eligible for such leave shall receive 100% salary for a period not to exceed eight (8) weeks provided the period falls within the work year and during a period for which the permanent employee would normally be paid. The SEB Plan pay will be the difference between the gross amount the employee receives from E.I. and their regular gross pay.
    • Employees completing a term assignment shall also be eligible for the SEB plan with the length of the benefit limited by the term of the assignment.
    • SEB payments are available only to supplement E.I. benefits during the absence period as specified in this plan.
    • The employee must provide the Board with proof that he/she has applied for and is in receipt of employment insurance benefits before SEB is payable.
C10.00 – Sick Leave
  • a) Sick Leave Benefit Plan
    The Sick Leave Benefit Plan will provide sick leave days and short term disability days for reasons of personal illness, personal injury, including personal medical appointments and personal dental emergencies. Appointments shall be scheduled outside of working hours, where possible.
  • b) Sick Leave Days
    Subject to paragraphs C10.1 d) i-v below, full-time Employees will be allocated eleven (11) sick days at one hundred percent (100%) salary in each school year. Employees who are less than full-time shall have their sick leave allocation pro-rated.
  • c) Short-Term Leave and Disability Plan (STLDP)
    Subject to paragraphs C10.1 d) i-v below, full-time Employees will be allocated one hundred and twenty (120) short-term disability days in September of each school year. Employees who are less than full-time shall have their STLDP allocation pro-rated. Employees eligible to access STLDP shall receive payment equivalent to ninety percent (90%) of regular salary.
  • d) Eligibility and Allocation
    • The allocations outlined in paragraphs C10.1 b) and c) will be provided on the first day of each school year.
    • An employee is eligible for the full allocation of sick leave and STLDP regardless of start date of employment or return to work from any leave other than sick leave, WSIB or LTD.
    • All allocations of sick leave and STLDP shall be pro-rated based on FTE at the start of the school year. Any changes in FTE during a school year shall result in an adjustment to allocations.
    • Where an employee is accessing sick leave, STLDP, WSIB or LTD in a school year and the absence due to the same illness or injury continues into the following school year, the employee will continue to access any unused sick leave days or STLDP days from the previous school year's allocation.
    • A partial sick leave day or short-term disability day will be deducted for an absence for a partial day.
  • e) WSIB & LTD
    An Employee who is receiving benefits under the Workplace Safety and Insurance Act, or under a LTD plan, is not entitled to benefits under a school board's sick leave and short term disability plan for the same condition unless the employee is on a graduated return to work program. During the interim period from the date of the injury/incident or illness to the date of the approval by the WSIB/LTD of the claim, the employee may access sick leave and short term leave and disability coverage.
  • f) Short-Term Leave and Disability Plan Top-up
    • Employees accessing STLDP will have access to any unused Sick Leave Days from their last year worked for the purpose of topping up salary to one hundred percent (100%) under the STLDP.
    • This top-up is calculated as follows: Eleven (11) days less the number of sick leave days used in the most recent year worked.
    • Each top-up from 90% to 100% requires the corresponding fraction of a day available for top-up.
    • In addition to the top-up bank, top-up for compassionate reasons may be considered at the discretion of the board on a case by case basis. The top-up will not exceed two (2) days and is dependent on having two (2) unused Short Term Paid Leave Days in the current year.
    • When employees use any part of an STLDP day they may access their top up bank to top up their salary to 100%.
  • g) Sick Leave and STLDP Eligibility and Allocation for Employees in a Long-Term Assignment
    • Employees working less than a full year, and/or less than full-time, shall have their allocation of sick leave and STLDP prorated on the basis of the number of their working days compared to the full working year for their classification. The length of the sick leave shall be limited to the length of the assignment.
    • Where the length of the term assignment is not known in advance, a projected length must be determined at the start of the assignment. If a change is made to the length of the term or the FTE, an adjustment will be made to the allocation and applied retroactively.
    • An employee who works more than one term assignment in the same school year may carry forward Sick leave and STLDP from one term assignment to the next, provided the assignments occur in the same school year.
  • h) Administration
    • The Board may require and the employee shall provide medical confirmation of illness or injury to substantiate access to sick leave or STLDP.
    • The Board may require information to assess whether an employee is able to return to work and perform the essential duties of his/her position. Such information shall include limitations, restrictions and disability related needs to assess workplace accommodation as necessary (omitting a diagnosis).
    • A board decision to deny access to benefits under sick leave or STLDP will be made on a case-by-case basis and not based solely on a denial of LTD.
    • The employer shall be responsible for any costs related to independent third party medical assessments required by the employer.
    • The Board shall notify employees and the Bargaining Unit when they have exhausted their 11 days allocation of sick leave at 100% of salary.
  • i) Proof of Illness
    • A Board may request medical confirmation of illness or injury and any restrictions or limitations any Employee may have, confirming the dates of absence and the reason thereof (omitting a diagnosis). Medical confirmation is required to be provided by the Employee for absences of five (5) consecutive working days or longer.
    • Where an Employee does not provide medical confirmation as requested, access to compensation may be suspended or denied. Before access to compensation is denied, discussion will occur between the Union and the school board.
    • In cases where the Employee's failure to cooperate is the result of a medical condition, the Board shall consider those extenuating circumstances in arriving at a decision.
  • j) Pension Contributions While on Short Term Disability
    • OMERS Plan Members: When an Employee/Plan Member is on short-term sick leave and receiving less than 100% of regular salary, the Board will continue to deduct and remit OMERS contributions based on 100% of the Employee/Plan Member's regular pay.
    • OTPP Plan Members: When an Employee/Plan Member is on short-term sick leave and receiving less than 100% of regular salary, the Board will continue to deduct and remit OTPP contributions based on 100% of the employee/plan member's regular pay.
C11.00 – Attendance at Mandatory Meetings and School Events
  • Where an Employee is required through direction by the Board to attend work outside of regular working hours, the provisions of the local collective agreement regarding hours of work, including any relevant overtime/lieu time provisions, shall apply.
  • Required attendance outside of regular working hours may include, but is not limited to school staff meetings, parent/teacher interviews, curriculum nights, Individual Education Plan and Identification Placement Review Committee meetings, and consultations with Board professional staff.
Appendix
Letters of Agreement