THE KENORA CATHOLIC DISTRICT SCHOOL BOARD TEACHERS’ COLLECTIVE AGREEMENT 2014 - 2017 between THE KENORA CATHOLIC DISTRICT SCHOOL BOARD (hereinafter called “the Board”) and THE KENORA LOCAL BARGAINING UNIT OF THE ONTARIO ENGLISH CATHOLIC TEACHERS’ ASSOCIATION (hereinafter called “the Teachers”) The collective agreement shall consist of two parts. Part “A” consists of provisions respecting Central issues. Part “B” consists of provisions with respect to Local Issues and certain Central Issues. PART A – CENTRAL TERMS Table of Contents 1. TERM, NOTICE AND RENEWAL OF COLLECTIVE AGREEMENT .................................. 4 1.1 Term of Agreement ........................................................................................ 4 1.2 Amendment of Terms ..................................................................................... 4 1.3 Notice to Bargain ........................................................................................... 4 2. SALARY, WAGES, ALLOWANCES.......................................................................... 4 3. SICK LEAVE/SHORT-TERM LEAVE AND DISABILITY PLAN – PERMANENT TEACHERS .. 5 3.1 Sick Leave Benefit Plan ................................................................................... 5 3.2 Sick Leave Days............................................................................................. 6 3.3 Short-Term Leave and Disability Plan (STLDP) ................................................... 6 3.4 Teacher Pension Plan Implications .................................................................... 6 3.5 Eligibility and Allocation .................................................................................. 7 3.6 Short-Term Leave and Disability Plan Top-Up (STLDPT) ...................................... 8 3.7 Administration ............................................................................................... 9 3.8 Long Term Disability (LTD) ............................................................................ 10 4. SICK LEAVE/SHORT-TERM DISABILITY PLAN – LONG-TERM OCCASIONAL TEACHERS AND TEACHERS EMPLOYED IN A TERM POSITION ........................................................ 11 4.1 Sick Leave Benefit Plan ................................................................................. 11 4.2 Sick Leave Days........................................................................................... 12 4.3 Short-Term Leave and Disability Plan (STLDP) ................................................. 12 4.4 Teacher Pension Plan Implications .................................................................. 12 4.5 Eligibility and Allocation ................................................................................ 13 4.6 Administration ............................................................................................. 14 4.7 Long Term Disability (LTD) ............................................................................ 15 5. RETIREMENT GRATUITIES AND VOLUNTARY EARLY PAYOUT PLAN......................... 17 6. PROFESSIONAL JUDGMENT AND EFFECTIVE USE OF DIAGNOSTIC ASSESSMENT .... 17 6.3 Diagnostic Assessment ................................................................................. 18 7. BENEFITS ...................................................................................................... 18 8. EARNED LEAVE PLAN ....................................................................................... 18 9. RETURN TO BARGAINING UNIT FOR PERMANENT TEACHERS ................................ 20 10. RETURN TO BARGAINING UNIT FOR PRINCIPALS AND VICE-PRINCIPALS ............... 20 11. BOARD-LEVEL JOINT STAFFING COMMITTEE (JSC) .............................................. 21 12. RECALL RIGHTS .............................................................................................. 22 13. WSIB TOP-UP ................................................................................................. 22 14. PREGNANCY LEAVE SEB PLAN ........................................................................... 22 15. STATUTORY LEAVES OF ABSENCE/SEB .............................................................. 23 15.1 Family Medical Leave or Critically Ill Child Care Leave .................................... 23 Supplemental Employment Benefits (SEB)................................................................ 23 16. PAID LEAVES OF ABSENCE ............................................................................... 24 17. HIRING PRACTICES ......................................................................................... 24 17.1 Hiring Practice .......................................................................................... 24 17.1.1 Seniority ............................................................................................ 24 17.1.2 The Occasional Teacher Seniority Roster (the “Roster”) ........................... 25 17.1.3 The Hiring of Occasional Teachers in Long Term Assignments: ................. 25 17.1.4 The Hiring of Occasional Teachers to Permanent Teaching Positions: ......... 27 18. INFORMATION DISCLOSURE TO THE OCCASIONAL TEACHER BARGAINING UNIT .... 27 19. ACCESS TO INFORMATION ............................................................................... 28 20. CENTRAL DISPUTE RESOLUTION PROCESS ........................................................ 28 LETTER OF AGREEMENT #1 ....................................................................................... 31 RE: Changes to FTE Status Pilot Project .................................................................. 31 LETTER OF AGREEMENT #2 ....................................................................................... 33 Re: RETIREMENT GRATUITIES ................................................................................ 33 LETTER OF AGREEMENT #3 ....................................................................................... 34 RE: Health and Safety ........................................................................................... 34 LETTER OF AGREEMENT #4 ....................................................................................... 36 RE: Existing Provisions on Utilization of Sick Leave/STLDP Days .................................. 36 LETTER OF AGREEMENT #5 ....................................................................................... 37 RE: Benefits ........................................................................................................ 37 1. PRINCIPLES ............................................................................................. 37 2. GOVERNANCE ........................................................................................... 38 3. ELIGIBILITY AND COVERAGE ...................................................................... 38 4. FUNDING ................................................................................................. 39 5. SHARED SERVICES ................................................................................... 44 6. ACCOUNTABILITY ..................................................................................... 45 7. TRANSITION COMMITTEE........................................................................... 46 8. ENROLMENT ............................................................................................. 46 9. Errors and Omissions ................................................................................ 46 10. Claims Support ......................................................................................... 47 11. Privacy .................................................................................................... 47 12. PAYMENTS ............................................................................................... 47 Appendix A – HRIS File ....................................................................................... 48 Appendix B ........................................................................................................ 49 P age |4 Part A: CENTRAL TERMS 1. TERM, NOTICE AND RENEWAL OF COLLECTIVE AGREEMENT 1.1 Term of Agreement The term of this collective agreement, including central terms and local terms, shall be for a period of three (3) years from September 1, 2014 to August 31, 2017, inclusive. 1.2 Amendment of Terms The central terms of this agreement, excepting term, may only be amended during the life of the agreement upon mutual consent of the central parties and agreement of the Crown. 1.3 Notice to Bargain Whereas central bargaining is required under the School Boards Collective Bargaining Act, 2014, notice to bargain centrally shall be in accordance with that Act, and with the Labour Relations Act. Notice to bargain centrally constitutes notice to bargain locally. 2. SALARY, WAGES, ALLOWANCES 2.1 Boards shall adjust their current salary grids, wage schedules and allowances in accordance with the following schedule: 2.1.1 September 1, 2014: 0% 2.1.2 September 1, 2015 2.1.2.1 Restoration of grid movement 2.1.2.2 Provisions in collective agreements between OECTA and English language separate district school boards which delay movement through and across salary grids in accordance with experience and qualifications until the 97th day of the school year shall be deemed to be null and void and thereafter, shall not form part of those collective agreements. 2.1.2.3 Lump Sum Payments 2.1.2.3.1 Permanent Teachers Other than occasional teachers and term assignment teachers, all bargaining unit teachers employed by an English-language separate district school board on September 8, 2015, shall be paid a lump sum amount equal to 1% of earned wages in effect September 1, 2015. For clarity, a teacher need not be actively at work on September 8, 2015 as a condition of entitlement to the lump sum. The lump sum is payable within 30 days of the ratification of the Memorandum of Local Terms. P age |5 In the event that a teacher in the employ of a board resigns, retires or is terminated prior to the end of the 2015 – 2016 school year, there shall be no recovery of any of the lump sum payment. 2.1.2.3.2 Occasional and Term Assignment Teachers 2.1.2.3.2.1 All Occasional teachers and teachers in a term assignment in the employ of an English-Language separate district school board on September 8, 2015 shall be paid a lump sum amount equal to 1% of earned wages for the period September 1, 2015 to June 30, 2016 payable not later than July 30, 2016 or thirty days (30) from the date of ratification of the memorandum of settlement of local terms, whichever is later. 2.1.2.3.2.2 For clarity, an occasional teacher or a teacher in a term assignment need not be actively at work on September 8, 2015 as a condition of entitlement to the lump sum. 2.1.2.3.2.3 For purposes of all the foregoing payments and increases, employment commences upon the offer and acceptance of a teaching position. 2.1.3 September 1, 2016 2.1.3.1 The parties agree that a 1% increase shall be applied to salary grids, wage schedules and to position of responsibility allowances. 2.1.4 The parties further agree that on the 98th day of the 2016/2017 school year a further increase of 0.5% shall be applied to salary grids, wage schedules and to position of responsibility allowances. 3. SICK LEAVE/SHORT-TERM LEAVE AND DISABILITY PLAN – PERMANENT TEACHERS 3.1 Sick Leave Benefit Plan The school board will provide a sick leave/short-term leave and disability plan which will provide sick leave days and short-term leave and disability coverage to permanent full-time and part-time teachers, when the teacher is ill or injured or for purposes of personal medical appointments as described below. Teachers employed in a term position (including but not limited to adult and continuing education assignments) or filling a long-term assignment, shall be eligible to receive sick leave benefits under this plan in accordance with the provisions in the Sick Leave/Short- Term Leave and Disability Plan – Long-Term Occasional Teachers and Teachers P age |6 Employed in a Term Position. A teacher is eligible for a full allocation of sick leave and short-term leave and disability plan days regardless of start date of employment. Sick leave/Short-Term Leave and Disability Plan days will be deducted in increments consistent with existing practices. 3.2 Sick Leave Days Subject to paragraphs 3.4-3.8 below, full-time teachers will be allocated eleven (11) sick days payable at one hundred percent (100%) of salary on the first day of each school year. (Clarification- For permanent full time teachers the rate will be calculated by dividing annual grid salary inclusive of any applicable allowances, by 194.) When a teacher’s employment status is less than full time, the teacher’s eligibility for sick leave credits shall be prorated by the ratio that the teacher’s FTE status is to full time status. Teachers on an unpaid leave of absence are not eligible to access benefits under this article for the portion of the workday for which the teacher is on an unpaid leave of absence. Sick leave days may be used for reasons of personal illness and injury, and personal medical appointments. 3.3 Short-Term Leave and Disability Plan (STLDP) Subject to paragraphs 3.4-3.8 below, full-time teachers will be allocated one hundred and twenty (120) STLDP days on the first day of each school year. If a teacher’s employment status is less than full time, the teacher’s eligibility for short- term disability days shall be prorated by the ratio that the teacher’s FTE status is to full time status. Teachers on an unpaid leave of absence are not eligible to access benefits under this article for the portion of the workday for which the teacher is on an unpaid leave of absence. Teachers eligible to access short-term leave and disability coverage shall receive payment equivalent to ninety percent (90%) of annual grid salary (calculated by annual grid salary inclusive of any applicable allowances, multiplied by 90% divided by 194), in accordance with the terms of this central agreement. 3.4 Teacher Pension Plan Implications 3.4.1 Contributions will be made by the employee/plan member on the unpaid portion of each sick leave day under the STLDP, unless directed otherwise in writing by the employee/plan member; 3.4.2 The government/employer will be obligated to match these contributions; 3.4.3 If the plan member/employee exceeds the maximum allowable sick-days and does not qualify for Long-Term Disability (LTD)/Long-Term Income Protection (LTIP), pension contributions will cease and the employee is not eligible to earn pensionable service until the LTD/LTIP claim is re-assessed and approved or if the employee returns to active employment whether on a part time or graduated basis. 3.4.3.1 If the LTD/LTIP claim is re-assessed and approved, then the member will be entitled to earn service by making contributions subject to existing plan provisions for a period of time that does not exceed the difference between the last day of work and the day when LTIP benefits begin and the government/employer will be obligated to match these contributions. P age |7 3.4.3.2 If not approved for LTD/LTIP, such absence shall be subject to existing plan provisions. 3.5 Eligibility and Allocation 3.5.1 The allocations outlined in paragraphs 3.2 and 3.3 above, will be provided on the first day of each school year. In the event that a teacher is absent on the first day of the school year, the allocations outlined in paragraphs 3.2 and 3.3 above will be granted subject to the restrictions outlined in paragraphs 3.5.3 to 3.5.5. If a teacher is absent on the last day of a school year and the first day of the following school year for unrelated reasons, the allocations outlined in paragraphs 3.2 and 3.3 above will be provided on the first day of the school year. 3.5.2 Changes to the teacher’s employment status during a school year shall result in an adjustment to allocations, as per 3.2 Sick Leave Days and 3.3 Short-Term Leave and Disability Plan. 3.5.3 Where a teacher is accessing sick leave and/or the short-term leave and disability plan in a school year and the absence for the same condition continues into the following school year, the teacher will continue to access any unused sick leave days or short-term disability days from the previous school year’s allocation. A new allocation in accordance with paragraphs 3.2 and 3.3 will not be provided to the teacher until s/he has submitted medical clearance (consistent with the requirements of paragraph 3.7) confirming that s/he is able to return to work and a bona fide return to work occurs. 3.5.4 A teacher who has utilized 131 days of combined sick leave and short-term leave and disability leave in the immediately preceding school year and continues to be absent for the same condition must provide medical clearance (consistent with the requirements of paragraph 3.7) confirming s/he is able to return to work and a bona fide return to work occurs, before s/he will be allocated further leave under this Article in the next school year. 3.5.5 A teacher returning from a long-term disability leave must provide medical clearance (consistent with the requirements of paragraph 3.7) confirming s/he is able to return to work and a bona fide return to work occurs for the teacher to receive a new allocation of sick leave/short-term leave and disability leave. If the teacher has a recurrence of the same illness or injury the teacher is required to apply to reopen the previous LTD or WSIB claim. 3.5.6 WSIB remains first payor. A teacher who is receiving benefits under the Workplace Safety and Insurance Act, is not entitled to benefits under a school board’s sick leave and short-term leave and disability plan for the same condition. However, where a teacher is receiving partial benefits under WSIB, they may be entitled to receive benefits under the sick leave plan, subject to the circumstances of the specific situation. During the interim period from the date of injury/incident or illness to the date of approval by the WSIB of the claim, the teacher may access sick leave and short-term leave and disability P age |8 coverage. A reconciliation of sick leave deductions made and payments provided, will be undertaken by the school board once the WSIB has adjudicated and approved the claim. In the event that the WSIB does not approve the claim, the school board shall deal with the absence consistent with the terms of this sick leave and short-term leave and disability plan. 3.5.7 LTD remains first payor. A teacher who is receiving benefits under an LTD plan, is not entitled to benefits under a school board’s sick leave and short-term leave and disability plan for the same condition. However, where a teacher is receiving partial benefits under an LTD plan, they may be entitled to receive benefits under the sick leave plan, subject to the circumstances of the specific situation. During the interim period from the date of injury/incident or illness to the date of approval by the LTD carrier of the claim, the teacher may access sick leave and short-term leave and disability coverage. A reconciliation of sick leave deductions made and payments provided, will be undertaken by the school board once the LTD carrier has adjudicated and approved the claim. In the event that the LTD carrier does not approve the claim, the school board shall deal with the absence consistent with the terms of this sick leave and short-term leave and disability plan. 3.5.8 Where a teacher is not receiving benefits from another source, and is working less than their full time equivalency in the course of a graduated return to work as the teacher recovers from an illness or injury, the teacher may use any sick/short-term leave and disability allocation remaining, if any, for the portion of the day where the teacher is unable to work due to illness or injury. A partial sick/short-term leave day will be deducted for an absence of a partial day in the same proportion as the duration of the absence is to a full instructional day. 3.6 Short-Term Leave and Disability Plan Top-Up (STLDPT) For teacher absences that extend beyond the eleven (11) sick leave days provided above, teachers will have access to a sick leave top up for the purpose of topping up salary to one hundred percent (100%) under the Short-term Leave and Disability Plan. This top up is calculated as follows: 3.6.1 Eleven (11) days less the number of sick days used in the prior year. These days constitute the top-up bank. 3.6.2 In addition to the top-up bank, compassionate leave top-up may be considered at the discretion of the board. The compassionate leave top-up will not exceed two (2) days and is dependent on having two (2) unused leave days in the current year. These days can be used to top-up salary as described in 3.6.1 above.