A COLLECTIVE AGREEMENT · d) Term of Letters of Understanding a. Subject to Section 36 of the School Boards Collective Bargaining Act, 2014, all Central Letters of Understanding appended

A COLLECTIVE AGREEMENT

BETWEEN

THE HAMILTON-WENTWORTH DISTRICT SCHOOL BOARD

AND

CANADIAN OFFICE AND PROFESSIONAL EMPLOYEES UNION LOCAL 527

(Representing Educational Assistants, Job Coaches, Vocational Education Support Workers, Communication Disorders Assistants, Developmental Specialists and

Youth and Child Care Workers)

Effective from September 1, 2014 up to and including August 31, 2017

PART A

ARTICLE

PART A:

OCEW

C1.00

C1.1

C1.2

C1.3

C1.4

C2.0

a)

b)

c)

d)

e)

f)

C3.0

C4.0

C5.0

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2.

3.

4.

5.

6.

C6.0

C7.0

C8.0

C9.0

C9.1

C9.2

C9.3

C9.4

C10.0

C10.1

CENTRAL TERMS - TABLE OF CONTENTS

DESCRIPTION

CENTRAL TERMS ........................................................................ .

APPENDIX I TO MOS ................................................................................ .

Structure and Content of Collective Agreement (All Job Classifications) ...... ..

Separate Central and Local Terms ................................................................ .

Implementation ......................................................................................... .

Parties .................................................................................................... .

Single Collective Agreement ....................................................................... ..

Length of Term/Notice To Bargain/Renewal (All Job Classifications) ............ ..

Single Collective Agreement ........................................................................ .

Term of Agreement .................................................................................... .

Where Term Less Than Agreement Term ...................................................... ..

Term of Letters of Understanding ................................................................. ..

Amendment of Terms ................................................................................. ..

Notice to Bargain ........................................................................................ .

Definitions ............................................................................................ ..

Centrai Labour Relations Committee .......................................................... ..

Central Grievance Process ........................................................................ ..

Definitions ................................................................................................. .

Central Dispute Resolution Committee ............................................................ .

The Grievance shall include: ........................................................................ ..

Referral to the Committee ............................................................................ .

Voluntary mediation ................................................................................... ..

Selection of the Arbitrator ............................................................................ ..

Work Year ............................................................................................... ..

Specialized Job Classes ............................................................................. .

Vested Retirement Gratuity ....................................................................... ..

Benefits .................................................................................................. ..

Funding .................•..................................... ; ............................................ .

Cost Sharing .............................................................................................. .

Payment in Lieu of Benefits/Alternative Agreements .......................................... ..

Other Benefits ............................................................................................ .

Statutory Leaves of Absence I SEB ................................................................... ..

Family Medical Leave or Critically ill Child Care Leave ....................................... .

Supplemental Employee Benefits (SEB) ......................................................... ..

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C11.0

C11.1

Sick Leave ............................................................................................... .

Sick Leave/Short Term Leave and Disability Plan - Employees (excluding casual and term employees) .....•.......................•..............................................................•.

Sick Leave Benefit Plan ................................................................................. .

Sick Leave Days ......................................................................................... .

Short Term Leave and Disability Plan (STLDP) ................................................. .

Eligibility and Allocation ............................•...............•.............•......................

WSIB and LTD ........................................................................................... .

Short-Term Leave and Disability Plan Top-up .•...........................................•......

Sick Leave and STLDP Eligibility and Allocation for Employees in a Long-Term Assignment ...•................•.............................•...............•....•...•.........•.•.•...... Administration ...........................................................•.................................

Proof of Illness ....................•.................................................................•...••

Pension Contributions While on Short Term Disability ......•.•..•..•...........................

C12.0 Attendance at Mandatory Meetings/School Events ........................................ .

APPENDIX A - Retirement Gratuity ................................................................................ .

Sick Leave Credit Based Retirement Gratuities (where applicable) ...................... .

APPENDIX B - Abilities Form ........................................................................................ .

Letter of Agreement #1 Job Security ..................................................................•..........•

Letter of Agreement #2 ECE Working Group .................................................................. .

Letter of Agreement #3 Scheduled Unpaid Leave Plan ..................•...................................

Letter of Agreement #4 Benefits ..................•................................................•...............

APPENDIX A HRIS File ................................................................................... .' ............ .

Letter of Agreement #5







Professional Activity Days ...............................•.......................•...

LTD Plan Working Group- ........................................................... .

Sick Leave ...........••............................................•......•............••

Violence Prevention Training ..................................................•..•.

E.I. Rebate ..........•....................................................•...........•..

Professional Development ...............................•.................•........

Children Mental Health, Special Needs and Other Initiatives .•...••.......

Letter of Agreement #12 Status Quo Central Items .•.....................................................•....

Letter of Agreement #13 Status Quo Central Items as Modified by this Agreement .••..••...••••....•

PART A Sick Leave .............................................................................................. .

Transfer of Credits ................................................................................... .

Sick Leave Gratuity .................................................................................. .

Sick Leave To Bridge LTD Waiting Period ................................................... .

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PARTA:CENTRALTERMS

OCEW - APPENDIX I TO MOS The following constitute the central terms and shall be inserted as Part A of the collective agreement.

C1.00 STRUCTURE AND CONTENT OF COLLECTIVE AGREEMENT (ALL JOB CLASSIFICATIONS)

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 (ALL JOB CLASSIFICATIONS)

a) Single Collective Agreement

a. The Central and Local Terms of this collective agreement shall constitute a single collective agreement for all purposes.

b) Term of Agreement

a. In accordance with Section 36 and subsection 41(1) of the Schoo/ Boards Collective Bargaining Act, 2014, 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.

c) Where Term Less Than Agreement Term

a. 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.

d) Term of Letters of Understanding

a. Subject to Section 36 of the School Boards Collective Bargaining Act, 2014, 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.

e) Amendment of Terms

a. In accordance with Section 42 of the Schoo/ 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.

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f) Notice to Bargain

a. Where central bargaining is required under the Schoo/ 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.

b. Notice to commence bargaining shall be given by a Central Party:

i. Within 90 (ninety) days of the expiry of the collective agreement; or

ii. Within such greater period agreed upon by the parties; or

iii.Within any greater period set by regulation by the Minister of Education.

c. Notice to bargain centrally constitutes notice to bargain locally.

d. Where no Central Table is designated, notice to bargain shall be consistent with section 59 of the Labour Relations Act, 1995.

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 Ontario Council of Educational Workers (OCEW) refers to the designated Employee Bargaining Agency pursuant to subsection 20 (2) of the Act for central bargaining with respect to employees in the bargaining units for which OCEW is the designated employee bargaining agency. The OCEW is composed of:

1. COPE Ontario and its Locals 103, 429, 454, 527 and 529.

2. Educational Resource Facilitators of Peel.

3. Essex and Kent Counties Skilled Trades Council.

4. Labourers' International Union of North America, Local 837.

5. Maintenance and Construction Skilled Trades Council.

6. Ontario Public Service Employees Union.

The Council of Trustees' Associations (CTA) refers to the designated employer bargaining agency pursuant to subsection 21 (6) of the Act for central bargaining with respect to employees in the bargaining units for which OCEW is the designated employee bargaining agency. For the purpose of this agreement, the CTA is composed of the Ontario Catholic School Trustees' Association and the Ontario Public School Boards' Association.

C3.3 "Employee" shall be defined as per the Employment Standards Act.

C3.4 "Casual Employee" means, i. a casual employee within the meaning of the local collective agreement, ii. if clause i. does not apply, an employee who is a casual employee as agreed upon by the board and

the bargaining agent, or iii. if clauses i. and ii. do not apply, an employee who is not regularly scheduled to work.

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C3.5 "Term Assignment" means, in relation to an employee, i. a term assignment within the meaning of the local collective agreement, or ii. where no such definition exists, a term assignment will be defined as twelve (12) days of continuous

employment in one assignment

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 CT A The parties agree that the Crown may attend meetings. C4.6 OCEW and CT A representatives will each select one co-chair. C4.7 Additional representatives may attend as required by each party.

CS.00 CENTRAL GRIEVANCE PROCESS

CENTRAL GRIEVANCE PROCESS (ALL JOB CLASSIFICATIONS)

The following process pertains exclusively to grievances on central matters that have been referred to the Central Process. In accordance with the Schoo/ Boards Collective Bargaining Act central matters may also be grieved locally, in which case local grievance processes will apply.

1. Definitions a. 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.

b. The "Central Parties" to the grievance process shall be defined as the Council of Trustees' Association and the Ontario Council of Educational Workers (OCEW).

c. The "Local Parties" shall be defined as the parties to the collective agreement.

d. "Days" shall mean regular school days.

2. Central Dispute Resolution Committee

a. There shall be established a Central Dispute Resolution Committee (CDRC), which shall be composed of two (2) representatives from the Council of Trustees' Association, two (2) representatives of the Crown and four (4) representatives from the OCEW.

b. The Committee shall meet at the request of one of the Central Parties. The Committee may meet in person, by tele or video conference or in any other manner agreeable to the committee.

c. The Central Parties shall each have the following rights:

i. To file a dispute as a grievance with the Committee.

ii. To engage in settlement discussions, and to mutually settle a grievance with the consent of the Crown.

iii. To withdraw a grievance.

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iv. To mutually agree to refer a grievance to the local grievance procedure.

v. To mutually agree to voluntary mediation.

vi. To refer a grievance to final and binding arbitration at any time.

d. The Crown shall have the following rights:

i. To give or withhold approval to any proposed settlement between the Central Parties.

ii. To participate in voluntary mediation

iii. To intervene in any matter referred to arbitration.

e. 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.

f. It shall be the responsibility of each Central Party to inform their respective Local Parties of the Committee's disposition of the dispute at each step in the central dispute resolution process including mediation and arbitration, and to direct them accordingly.

g. Each of the Central Parties and the Crown shall be responsible for their own costs for the central dispute resolution process.

3. The grievance shall include:

a. Any central provision of the collective agreement alleged to have been violated.

b. The provision of any statute, regulation, policy, guideline, or directive at issue.

c. A detailed statement of any relevant facts.

d. The remedy requested.

4. Referral to the Committee:

a. Prior to referral to the Committee, the matter must be brought to the attention of the other local party.

b. A Central Party shall refer the grievance forthwith 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.

c. The Committee shall complete its review within 10 days of the grievance being filed.

d. 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 1 O days, refer the grievance to arbitration.

e. If the grievance is referred to arbitration, the other responding central party shall file a detailed statement of any relevant facts and its position on any issues remaining in dispute with the other Central Party and the Crown within 10 days. Within a further 10 days, the Crown shall advise the parties of its intent to intervene in the arbitration process and shall include a detailed statement of any relevant facts and its position on any issues remaining in dispute and file that statement with the Central Parties.

f. All timelines are directory and may be extended by mutual consent of the parties.

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5. Voluntary mediation:

a. The Central Parties may, on mutual agreement, request the assistance of a mediator.

b. 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.

c. Timelines shall be suspended for the period of mediation.

6. Selection of the Arbitrator:

a. Arbitration shall be by a single arbitrator.

b. The Central Parties shall select a mutually agreed upon arbitrator.

c. The Central Parties may refer multiple grievances to a single arbitrator.

d. 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.

e. The remuneration and expenses of the arbitrator shall be shared equally between the Central Parties.

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.

CG.00 WORK YEAR

CG.1 The fulltime 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 JOB CLASSES

C8.00

Where there is a difficulty with recruitment or retention for a particular specialized job class in which the pay rate is below the local market value assessment of that job class, the Local Parties may agree to apply a temporary skills shortage allowance to that job class in order to assist with recruitment and retention.

VESTED RETIREMENT GRATUITY VOLUNTARY EARLY PAYOUT

a) An Employee eligible for a Sick Leave Credit retirement gratuity as per Appendix A shall have the option of receiving a payout of his/her gratuity on August 31, 2016, or on the employee's normal retirement date.

b) The employee must declare his/her intention to receive the earlier gratuity payout by June 30, 2016.

Pursuant to b) above, the following will apply:

c) The earlier payout shall be equivalent to the present discounted value of the payout as per Appendix A The present value shall be based on a discount rate of 7.87% and on the average retirement age of 61 less the employee's age as at June 30, 2016.

d) If an Employee is 61 years of age or older as at June 30, 2016, the retirement gratuity payout will be discounted by 2% if they chose the early gratuity payout.

e) Where the employee opts for an early payout of the retirement gratuity, an employee may request the retirement gratuity, or a portion thereof, be transferred to an RRSP or OMERS AVC (Additional Voluntary Contribution) account. The employer will transfer the retirement gratuity, or portion thereof, to an RRSP or OMERS AVC account based on appropriate documentation and forms,

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C9.00

completed by the employee, from their financial institution. The payout, whether transferred as described above or paid directly to the employee, is subject to withholdings in accordance with CRA requirements.

BENEFITS

The parties have agreed to participate in a Provincial Benefit Trust, subject to the conditions set out in the appended Letter of Agreement. The date on which the benefit plan commences participation in the Trust shall be referred to herein as the "Participation Date". The Boards will continue to provide benefits in accordance with the existing benefit plans and terms of collective agreements in effect as of August 31, 2014 until the Employees' Participation Date in the Trust. Post Participation Date, the following shall apply:

C9.1 Funding

The funding per full-time equivalent will be calculated as per the appended Letter of Agreement #4.

C9.2 Cost Sharing

With respect to the funding in C9.1, should there be an amount of employee co-pay, the Trust shall advise boards what that amount shall be. Unless advised otherwise, there will be no deductions upon the Participation Date. Any other cost sharing or funding arrangements as per previous local collective agreements in effect as of August 31, 2014 remain status quo.

C9.3 Payment in Lieu of Benefits/Alternative Arrangements

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.

C9.4 Other Benefits

C10.00

Any other benefits not described above remain in effect in accordance with terms of collective agreements as of August 31, 2014.

STATUTORY LEAVES OF ABSENCE/SES

C10.1 Family Medical Leave or Critically Ill Child Care Leave

a) Family Medical Leave or Critically Ill Child Care leaves granted to an employee under this Article shall be in accordance with the provisions of the Employment Standards Act, as amended.

b) The employee will provide to the employer such evidence as necessary to prove entitlement under the ESA.

c) 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.

d) Seniority and experience continue to accrue during such leave(s).

e) 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

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Agreement, the employee must agree to provide for payment for the employee's share of the benefit

premiums, where applicable.

f) In order to receive pay for such leaves, an employee must access Employment Insurance and the

Supplemental Employment Benefit (SEB) in accordance with g) to j), 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.

Supplemental Employment Benefits (SEB)

g) 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.

h) 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.

i) SEB payments are available only to supplement E.I. benefits during the absence period as specified

in this plan.

j) The employee must provide the Board with proof that he/she has applied for and is in receipt of

employment insurance benefits in accordance with the Employment Insurance Act, as amended,

before SEB is payable.

C11.00 SICK LEAVE

C11.1 Sick Leave/Short Term Leave and Disability Plan - Employees (excluding casual and term employees)

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

appointments.

Sick Leave Days

Subject to paragraphs C11.1 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.

Short-Term Leave and Disability Plan (STLDP)

Subject to paragraphs C11.1 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.

Eligibility and Allocation

The allocations outlined in paragraphs C11.1 b) and c) above, will be provided on the first day of each

school year, subject to the restrictions outlined in C11.1 d) i-v below.

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i. 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.

ii. 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.

iii. 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. Access to the new allocation provided as per paragraphs C11.1(b) and (c) for a recurrence of the same illness or injury will not be provided to the employee until the employee has completed eleven ( 11) consecutive working days at his/her full FTE without absence due to illness.

iv. For the purpose of iii) of this article, eleven (11) consecutive working days of employment shall not include a period of leave for a medical appointment, which is related to the illness/injury that had been the reason for the employee's previous absence, but days worked before and after such leave shall be considered consecutive. It shall be the employee's obligation to provide medical confirmation that the appointment was related to the illness/injury.

v. Where an employee is accessing STLDP, WSIB, or LTD in the current school year as a result of an absence due to the same illness or injury that continued from the previous school year and has returned to work at less than his/her FTE, the employee will continue to access any unused sick leave days or STLDP days from the previous school year's allocation. In the event the employee exhausts their STLDP allotment and continues to work part-time their salary will be reduced accordingly and a new prorated sick leave and STLDP allocation will be provided. Any absences during the working portion of the day will not result in a loss of salary or further reduction in the previous year's sick leave allocation, but will instead be deducted from the new allocation once provided.

vi. Where any employee is not receiving benefits from another source and is working less than his/her full FTE in the course of a graduated return to work as the employee recovers from an illness or injury, the employee may use an unused sick/short term disability allocation remaining, if any, for the employee's FTE that the employee is unable to work due to illness or injury.

vii. A partial sick leave day or short-term disability day will be deducted for an absence for a partial day.

WSIB&LTD

i. 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 then WSIB/L TD remains the first payer. For clarity, where an employee is receiving partial benefits under WSIB/L TD, 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 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. A reconciliation of sick leave deductions made and payments provided, will be undertaken by the school board once the WSIB/L TD has adjudicated and approved the claim. In the event that the WSIB/L TD does not approve the claim, the school board shall deal with the absence consistent with the terms of the sick leave and short term leave and disability plans.

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Short-Term Leave and Disability Plan Top-up

i. 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.

ii. This top-up is calculated as follows: Eleven (11) days less the number of sick leave days used in the most recent year worked.

iii. Each top-up from 90% to 100% requires the corresponding fraction of a day available for top-up.

iv. 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. These days can be used to top-up salary under the STLDP.

v. When employees use any part of an STLDP day they may access their top up bank to top up their salary to 100%.

Sick Leave and STLDP Eligibility and Allocation for Employees in a Long-Term Assignment

Notwithstanding the parameters outlined above, the following shall apply to an employee in a term assignment:

i. 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.

iL Where the length of the term assignment is not known in advance, a projected length must be determined at the start of the assignment in order for the appropriate allocation of sick leave/STLDP to occur. 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.

iii. 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.

Administration

i. The Board may require medical confirmation of illness or injury to substantiate access to sick leave or STLDP. Medical confirmation may be required to be provided by the Employee to access sick leave or STLDP.

ii. 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. Where this is required, such information shall include his/her limitations, restrictions and disability related needs to assess workplace accommodation as necessary (omitting a diagnosis) and will be collected using the form as per Appendix B. An alternate form may be used where one is mutually developed and agreed upon at the local level.

iii. A board decision to deny access to benefits under sick leave or STLDP will be made on a caseby-case basis and not based solely on a denial of LTD.

iv. The employer shall be responsible for any costs related to independent third party medical assessments required by the employer.

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C12.00

v. The Board shall notify employees and the Bargaining Unit, when they have exhausted their 11 days allocation of sick leave at 100% of salary.

Proof of Illness

i. 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.

ii. Where an Employee does not provide medical confirmation as requested, or otherwise declines to participate and/or cooperate in the administration of the Sick Leave Benefit Plan, access to compensation may be suspended or denied. Before access to compensation is denied, discussion will occur between the Union and the school board. Compensation will not be denied for the sole reason that the medical practitioner refuses to provide the required medical information. A school Board may require an independent medical examination to be completed by a medical practitioner qualified in respect of the illness or injury of the Board's choice at the Board's expense.

iii. 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.

Pension Contributions While on Short Term Disability

Contributions for 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.

Contributions for 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.

If the Employee/Plan Member exceeds the maximum allowable paid sick leave before qualifying for Long-Term Disability (LTD)/Long-Term Income Protection (L TIP), pension contributions will cease. The Employee/Plan Member is entitled to complete a purchase of credited service, subject to existing plan provisions for periods of absence due to illness between contributions ceasing under a paid short-term sick leave provision and qualification for Long-Term Disability (LTD)/Long-Term Income Protection (L TIP) when employee contributions are waived. If an Employee/Plan Member is not approved for L TD/L TIP, such absence shall be subject to existing plan provisions.

ATTENDANCE AT MANDATORY MEETINGS/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.

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APPENDIX A- RETIREMENT GRATUITIES

Sick Leave Credit-Based Retirement Gratuities (where applicable)

1. An Employee is not eligible to receive a sick leave credit gratuity after August 31, 2012, except a sick leave credit gratuity that the Employee had accumulated and was eligible to receive as of that day.

2. If the Employee is eligible to receive a sick leave credit gratuity, upon the Employee's retirement, the gratuity shall be paid out at the lesser of,

a) the rate of pay specified by the Board's system of sick leave credit gratuities that applied to the Employee on August 31, 2012; and

b) the Employee's salary as of August 31, 2012.

3. If a sick leave credit gratuity is payable upon the death of an Employee, the gratuity shall be paid out in accordance with subsection (2).

4. For greater clarity, all eligibility requirements must have been met as of August 31, 2012 to be eligible for the aforementioned payment upon retirement, and the Employer and Union agree that any and all wind-up payments to which Employees without the necessary years of service were entitled to under Ontario Regulation 01/13: Sick Leave Credits and Sick Leave Credit Gratuities, have been paid.

5. For the purposes of the following Boards, despite anything in the Board's system of sick leave credit gratuities, it is a condition of eligibility to receive a sick leave credit gratuity that the Employee have 10 years of service with the Board:

i. Hamilton-Wentworth District School Board

ii. Hamilton-Wentworth Catholic District School Board

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APPENDIX B

APPENDIX B -ABILITIES FORM Employee Group: Requested By:

WSIBClaim: D Yes 0No WSIB Claim Number:

To the Employee: The purpose for this form 1s to provide the Board with information to assess whether you are able to perform the essential duties of your position, and understand your restrictions and/or limitations to assess workplace accommodation if necessary.

Employee Name: Employee Signature: (Please print)

Employee ID: Telephone No:

Employee Work Location: Address:

Employee's Consent: I authorize the Health Professional involved with my treatment to provide to my employer this form when complete. This form contains information about any medical limitations/restrictions affecting my ability to return to work or perform my assigned duties

1. Health Care Professional: The following information should be completed by the Health Care Professional .

,,- "·-- -- -- _, -- < .· .

Please check one: 0 Patient is capable of returning to work with no restrictions.

D Patient is capable of returning to work with restrictions. Complete section 2 (A & 8) & 3

0 I have reviewed sections 2 (A & B) and have determined that the Patient is totally disabled and is unable to return to work at this time. Complete sections 3 and 4. Should the absence continue, updated medical information will next be requested after the date of the follow up appointment indicated in section 4.

First Day of Absence: General Nature of Illness (please do not include diagnosis):

Date of Assessment: dd mm yyyy

2A: Health Care Professional to complete. Please outline. your· patient's abilities and/or restrictions based. on your objective medical findings.

..

. . . PHYSICAL (if applicable) Walking: Standing: Sitting: Lifting from floor to waist:

D Full Abilities D Full Abilities D Full Abilities D Full Abilities

D Up to 100 metres D Up to 15 minutes D Up to 30 minutes D Up to 5 kilograms

D 100 - 200 metres D 15 - 30 minutes D 30 minutes - 1 hour D 5 - 10 kilograms

D Other (please specify): D Other (please specify): D Other (please specify): D Other (please specify):

Lifting from Waist to Stair Climbing: D Use of Hand(s); Shoulder: D Full abilities Left Hand RightHand D Full abilities D Up to 5 steps D Gripping D Gripping D Up to 5 kilograms D 6- 12 steps D Pinching D Pinching D 5 - 10 kilograms D Other (please specify): D Other (please specify): D Other (please specify):

D Other (please specify):

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D Bending/twisting D Work at or above D Chemical exposure to: Travel to Work: repetitive movement of shoulder activity: Ability to use public transit 0Yes 0No

(please specify): Ability to drive car 0Yes 0No

2S: COGNITIVE (pleasfi complete all that.is applicable) ;~ ;: . ·.:'.:". . .. ;. · ... · ·.:·:cc:. • :.' • .;:.· :·;·y::• .· · ... . ·:. . . : :

Attention and Concentration: Following Directions: Decision- Making/Supervision: Multi-Tasking: D Full Abilities D Full Abilities D Full Abilities D Full Abilities D Limited Abilities D Limited Abilities D Limited Abilities D Limited Abilities D Comments: D Comments: D Comments: D Comments:

Ability to Organize: Memory: Social Interaction: Communication: D Full Abilities D Full Abilities D Full Abilities D Full Abilities D Limited Abilities D Limited Abilities D Limited Abilities D Limited Abilities D Comments: D Comments: D Comments: D Comments:

Please identify the assessment tool(s) used to determine the above abilities (Examples: Lifting tests, grip strength tests, Anxiety Inventories, Self-Reporting, etc.

Additional comments on Limitations (not able to do) and/or Restrictions (should/must not do) for all medical conditions:

3: Health Care Professional to complete. From the date of this assessment, the above will apply for approximately: Have you discussed return to work with your patient?

D 6-10 days 011-15days D 16- 25 days D 26 +days 0Yes 0No Recommendations for work hours and start date (if applicable): Start Date: dd mm yyyy

D Reaular full time hours D Modified hours 0Graduated hours Is patient on an active treatment plan?: 0 Yes 0No

Has a referral to another Health Care Professional been made? 0 Yes (optional - please specify): 0No

If a referral has been made, will you continue to be the patient's primary Health Care Provider? 0Yes 0No

4: Recommended date of next appointment to review Abilities and/or Restrictions: dd mm yyyy

Completing Health Care Professional Name: (Please Print)

Date:

Telephone Number:

Fax Number:

Signature:

16

LETTER OF AGREEMENT #1

RE: Job Security

BETWEEN The Council of Trustees' Associations

(hereinafter called 'CT A') AND

The Ontario Council of Educational Workers (hereinafter called the 'OCEW')

The parties acknowledge that Educational Workers contribute in a significant way to student achievement and well-being.

1. Effective as of the date of central ratification, the Board undertakes to maintain its Protected Complement, except in cases of: a. A catastrophic or unforeseeable event or circumstance; b. Declining enrolment; c. Funding reductions directly related to services provided by bargaining unit members; or d. School closure and/or school consolidation.

2. Where complement reductions are required pursuant to 1. above, they shall be achieved as follows: a. In the case of declining enrolment, complement reductions shall occur at a rate not greater than

the rate of student loss, and b. In the case of funding reductions, complement reductions shall not exceed the amount of such

funding reductions, and c. In the case of school closure and/or school consolidation, complement reductions shall not

exceed the number of staff prior to school closure/consolidation at the affected location(s). Local collective agreement language will be respected, regarding notification to the Union of complement reduction. In the case where there is no local language the Board will notify the union within twenty (20) working days of determining there is to be a complement reduction.

3. For the purpose of this Letter of Understanding, at any relevant time, the overall protected complement is equal to: a. The FTE number (excluding temporary, casual and/or occasional positions) as at date of central

ratification. The FTE number is to be agreed to by the parties through consultation at the local level. Appropriate disclosure will be provided during this consultation. Disputes with regard to the FTE number may be referred to the Central Dispute Resolution Process.

b. Minus any attrition, defined as positions that become vacant and are not replaced, of bargaining unit members which occurs after the date of central ratification.

4. Reductions as may be required in 1. above shall only be achieved through lay-off after consultation with the Union on alternative measures, which may include: a. priority for available temporary, casual and/or occa~ional assignments; b. the establishment of a permanent supply pool where feasible; c. the development of a voluntary workforce reduction program (contingent on full provincial

government funding).

5. The above language does not allow trade-offs between the classifications outlined below: a. Educational Assistants/CYWs b. ECEs/ DECEs c. Office/Clerical d. Custodians/Cleaners

17

e. Maintenance/ Construction Trades f. Instructors g. Professionals (including Speech Pathologists) h. Information Technology Staff i. Library Technicians j. Central Administration k. Media Specialists

6. Any and all existing local collective agreement job security provisions remain.

7. Staffing provisions with regard to surplus and bumping continue to remain a local issue.

This Letter of Agreement expires on August 30, 2017.

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LETTER OF AGREEMENT #2 BETWEEN

The Council of Trustees' Associations (hereinafter called 'CT A')

AND The Ontario Council of Educational Workers

(hereinafter called the 'OCEW') AND

The Crown

RE: Early Childhood Educators Work Group

The parties agree that within sixty (60) days following central ratification, a committee consisting of equal numbers of CTA/Crown and OCEW representatives shall convene to consider and make recommendations concerning, but not limited to the following:

• Compensation rates and methods

• Hours of work

• Preparation time

• FDK class size and split clc;isses

• Extended day program

• Staffing levels

• Professional collaboration and development

The work group shall make joint recommendations to the parties no later than June 30, 2016.

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(hereinafter called 'OCEW')

RE: Scheduled Unpaid Leave Plan

The following Scheduled Unpaid Leave Plan (SULP) replaces the current Voluntary Leave of Absence Program (VLAP) and is available to all permanent Employees for the 2015-2016 and 2016-2017 school years. Employees approved for SULP days shall not be replaced.

For Employees who work a 10-month year a School Board will identify: 1) up to two (2) Professional Activity days in the 2015-2016 school year; 2) two (2) Professional Activity days in the 2016-2017 school year;

that will be made available for the purpose of the SULP.

For Employees whose work year is greater than ten (10) months, a school board will designate days, subject to system and operational requirements, which will be available for the purpose of the SULP in each of the 2015-2016 and 2016-2017 school years. These Employees will be eligible to apply for up to two (2) days leave in each of these years.

For the 2015-2016 school year, the available day(s) will be designated no later than thirty (30) days after central ratification. All interested Employees will be required to apply, in writing, for the leave within ten (10) days of local ratification, or within ten (10) days from the date upon which the days are designated, whichever is later. For the 2016-2017 school year, the days will be designated by June 15, 2016. All interested Employees will be required to apply, in writing, for leave for the 2016-2017 school year by no later than September 30, 2016. Approval of the SULP is subject to system and operational needs of the Board and School. Approved leave days may not be cancelled or changed by the school board or the Employee. Half day leaves may be approved, subject to the system and operational needs of the Board and School.

For Employees enrolled in the OMERS pension, the employer will deduct the Employee and employer portion of pension premiums for the unpaid days and will remit same to OMERS.

The following clause is subject to either Teacher Pension Plan amendment or legislation: Within the purview of the Teachers' Pension Act (TPA), the Minister of Education will seek an agreement from the Ontario Teachers' Federation (OTF) to amend the Ontario Teachers' Pension Plan (OTPP) to allow for adjusting pension contributions to reflect the Scheduled Unpaid Leave Plan (SULP) with the following principles:

Contributions will be made by the Employee/Plan Member on the unpaid portion of each unpaid day, unless directed otherwise in writing by the employee/plan member; The government/employer will be obligated to match these contributions; The exact plan amendments required to implement this change will be developed in collaboration with the OTPP and the co-sponsors of the OTPP (OTF and the Minister of Education); and

The plan amendments will respect any legislation that applies to registered pension plans, such as the Pension Benefits Act and Income Tax Act.

This Letter of Agreement expires on August 30, 2017.

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RE: Benefits

BETWEEN The Ontario Public School Board Association

(hereinafter called 'OPSBA') AND

The Ontario Catholic School Trustees Association (hereinafter called 'OCST A')


(hereinafter called 'OCEW')

The parties agree that, once all Employees to whom this Memorandum of Settlement of the Central Terms applies become covered by the Employee Life and Health Trust contemplated by this Letter of Agreement (LOA), all references to life, health and dental benefits in the applicable local collective agreement shall be removed from that local agreement.

The OCEW shall request inclusion into an education sector Employee Life and Health Trust (ELHT), (hereinafter, the "Trust") within fifteen ( 15) days of central ratification. Should OCEW fail to reach agreement, consistent with the parameters contained herein, by February 29, 2016, the parties to this LOA will meet to consider other education sector Trust options in the Province of Ontario.

The parties to this LOA agree to comply with the Trust's requirements. If the Trust agrees to accept the request for inclusion, the provisions of the agreement between OCEW and the Trust shall be reflected in the participation agreement.

The provisions contained herein shall be applicable to OCEW within the Trust.

The Participation Date for OCEW shall be no earlier than September 1, 2016 and no later than August 31, 2017 and may vary by Board.

The parties agree that there are a number of governance options, of which one governance option is set out in 1.0.0 below.

1.0.0 GOVERNANCE OCEW shall be a separate division within the Trust and accounted for separately. 1.2.0 The parties confirm their intention to develop a governance structure that may include the following:

a) the addition of a non-voting trustee to be appointed by the OCEW to the Board of Trustees or an alternative representation option available pursuant to the terms of the Trust

b) the creation of an OCEW subcommittee of the Trust with the following responsibilities pertaining to the OCEW division:

i. Plan design and amendments, ii. Use of surpluses, iii. Necessary actions or decisions required during a period in which the claims fluctuation

reserve is less than 8.3% of annual expenses over a projected three year period, iv. Any matter related to copay arrangements, and v. Any other matters as appropriate.

The sub-committee decisions must comply with the requirements of the Trust and be approved by the Trust.

2.0.0 ELIGIBILITY and COVERAGE 2.1.0 The following OCEW represented Employees are eligible to receive benefits through the Trust: 2.1.1 Employees who are covered by the Local Collective Agreement and currently eligible for benefits

provided by the Board in collective agreements.

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2.1.2 Retirees who were, and still are, members of a District School Board hereinafter referred to as the "Board(s)" benefit plan at August 31, 2013 based on the prior arrangements with the Board.

2.1.3 Retirees who became members of a Board benefit plan after August 31, 2013 and before the Board Participation Date are segregated in their own experience pool, and the premiums are fully paid by the retirees.

2.1.4 No individuals who retire after the Board Participation Date are eligible. 2.2.0 The benefit plan may provide coverage for health (including but not limited to vision and travel), life

and dental benefits including accidental death and dismemberment (AD&D), medical second opinion, and navigational support, subject to compliance with section 144.1 of the ITA. Other Employee benefit programs may be considered for inclusion, only if negotiated in future central collective agreements.

2.3.0 Each Board shall provide to the Trustees of the ELHT directly, or through its Insurance Carrier of Record, Human Resource Information System (HRIS) information noted in Appendix A within one ( 1) month of notification from the Trustees, in the format specified by the Trustees.

3.0.0 3.1.0 3.1.1

FUNDING Start-Up Costs The Government of Ontario will provide:

a. A one-time contribution to the Trust equal to 15% of annual benefit costs to establish a Claims Fluctuation Reserve ("CFR"). The amount shall be paid to the Trust on or before September 1, 2016.

b. A one-time contribution of 2.6% of annual benefit costs (estimated to be approximately $615,000), to cover start-up costs and/or reserves.

3.1.2

3.1.3

3.2.0 3.2.1

3.2.2

3.2.3

3.2.4

3.2.5

The one-time contributions in 3.1.1 (a) and (b) will be based on the actual cost per year for benefits (i.e. claims, premiums, administration, tax, risk or profit charges, pool charges, etc.) as reported on the insurance carrier's most recent yearly statement for the year ending no later than August 31, 2015. The aforementioned statements are to be provided to the Ministry of Education. The Crown shall pay $300,000 of the startup costs referred to in s. 3.1.1 (b) on the date of ratification of the Central Agreement and shall pay a further $300,000 subject to the maximum amount referred to ins. 3.1.1 (b) by June 1, 2016. The balance of the payments, if required under s. 3.1.1 (b), shall be paid by the Crown on the day the Trust becomes effective. The funds shall be transferred as instructed by OCEW subject to the province's transfer payment and accountability requirements. On-Going Funding On the day the Board commences participation in the Trust, or as soon as reasonably and feasibly possible thereafter, all eligible and available surpluses in board-owned defined benefit plans will be transferred to the Trust in an amount equal to each employee's pro rata share based on the amount of the Employee's co-share payment of each benefit. The remaining portion of the Board's surplus will be retained by the Board. Where there are active grievances related to surpluses, deposits and/or reserves, the amount in dispute shall be internally restricted by the Board until the grievance is settled. All Board reserves for Incurred But Not Reported ("IBNR") claims and CFR, will remain with the existing carriers until those reserves are released by the carriers based on the terms of existing contracts. Upon release of each Board's IBNR and CFR by the carriers, the reserves will be retained by the applicable Board. For the Administrative Services Only plans (ASO), a surplus (including any deposits on hand) that is equal to or less than 15% of the Board's annual benefit cost will be deemed to be a CFR and IBNR and will be retained by the applicable Board upon its release by the carriers. Where a surplus (including deposits on hand) exceeds 15% of the annual benefit cost, the remaining amount will be apportioned to the Board and the Trust based on the employers' and Employees' premium share. For policies where the experience of multiple groups has been combined, the existing surplus/deficit will be allocated to each group based on the following:

a. If available, the paid premiums or contributions or claims costs of each group; or

22

b. Failing the availability of the aforementioned financial information by each group, then the ratio using the number of Full Time Equivalent positions (FTE) covered by each group in the most recent policy year will be used.

The methodology listed above will be applicable for each group leaving an existing policy where the experience of more than one group has been aggregated. Policies where the existing surplus/deficit has been tracked independently for each group are not subject to this provision.

3.2.6

3.2.7

3.2.8 3.2.9

Boards with deficits will recover the amount from their CFR and IBNR. Any portion of the deficit remaining in excess of the CFR and IBNR will be the responsibility of the Board. In order to ensure the fiscal sustainability of said benefit plans, the Boards will not make any withdrawal, of any monies, from any health care benefit plan reserves, surpluses and/or deposits nor decrease in benefit plan funding unless in accordance with B-Memo B04:2015. It is the parties' understanding that the Ministry of Education Memo B04:2015 applies and will remain in effect until Board plans become part of the Trust. OCEW shall retain rights to their data. For the current term, the Boards agree to contribute funds to support the Trust as follows:

a. The Boards will continue to provide benefits in accordance with the existing benefit plans and co-pay arrangements until the Employees' Participation Date in the Trust.

b. By January 31, 2016 for Board-owned defined benefit plans, the Boards will calculate the annual

i. amount of i) divided by ii) which will form the base funding amount for the Trust;

"Total cost" means the total annual cost of benefits and related costs including but not limited to claims, administration expenses, insurance premiums, consulting, auditing and advisory fees and all other costs and taxes, as reported on the insurance carrier's most recent yearly statement, and if any, premium costs on other district school area board, for the year ending no later than August 31, 2015. The aforementioned statements are to be provided to the Ministry of Education. Total Cost excludes retiree costs. The average number of Full-Time Equivalent (FTE) positions in the bargaining unit as at October 31st and March 31st for the period consistent with this clause.

ii. For purposes of i) above, the FTE positions will be those consistent with Appendix H of the Education Finance Information System (EFIS) for job classifications that are eligible for benefits and excludes those described in 3.2.9(r).

c. All amounts determined in this Article 3 shall be subject to a due diligence review by OCEW. The Boards shall cooperate fully with the review, and provide, or direct their carriers or other agents to provide, all data requested by OCEW. If any amount cannot be agreed between OCEW and a Board, the parties to this agreement shall make every effort, in good faith, to resolve the issue using the data provided, supporting information that can be obtained and reasonable inferences on the data and information. If no resolution to the issue can be achieved, it shall be subject to the Central Dispute Resolution process.

i. In order that each party be satisfied that the terms of this LOA provide a satisfactory basis to deliver benefits in the future, each party reserves the right to conduct a thorough due diligence with respect to existing benefit arrangements (including benefit terms, eligibility terms, FTE positions in the bargaining unit, historic costs and trends). Prior to May 1, 2016 if either OCEW or the Council of Trustee Associations (CTA)/ Crown concludes, in good faith, following its due diligence review, that the terms of the LOA do not provide a satisfactory basis for the provision of benefits, then either OCEW or the CTNCrown may declare this LOA to be null and void, in which case no Participation Dates for any Boards shall be triggered and the benefits related provisions of all local agreements, as they were before the adoption of this LOA, shall remain in full force and effect.

23

ii. Prior to September 1, 2016, on any material matter, relating to Article 3.2.9, OCEW or the

CTNCrown can deem this Letter of Understanding to be null and void. No Participation Dates for any Board shall be triggered and the benefits related provisions of all local agreements, as

they were before the adoption of this Letter of Understanding, shall remain in full force and

effect. d. On the participation date, for defined benefit plans, the Boards will contribute to the Trust the

amount determined ins. 3.2.9 (b) plus 4% for 2015-16 and 4% for 2016-17.

e. On the participation date, for defined contribution plans, the Boards will contribute to the Trust, the FTE amount indicated in the collective agreements for the fiscal year 2013-14, plus 4% for 2015-16

and 4% for 2016-17.

f. An amount of $300 per FTE, in addition to 3.2.9 (d) and 3.2.9 (e) will be added to the base funding

in 2016-17. g. With respect to 3.2.9 (d) and 3.2.9 (e) above, the contributions provided by the Boards will include

the Employees' share of the benefit cost as specified by the Board's collective agreement until such

time that the Employees' share is adjusted as determined by the Trust and subject to the funding

policy. h. The terms and conditions of any existing Employee Assistance Program/Employee Family

Assistance Program and Long-Term Disability Plan shall remain the responsibility of the respective Board and not the Trust maintaining current Employer and Employee co-share where they exist.

The Board shall maintain its contribution to all statutory benefits as required by legislation (including

but not limited to Canada Pension Plan, Employment Insurance, Employer Health Tax, etc.).

i. The FTE used to determine the Board's benefits contributions will be based on the average of the Board's FTE as of October 31st and March 31st of each year.

j. Funding previously paid under 3.2.9 (b), (d), (e) and (f) above will be reconciled to the agreed October 31st and March 31st FTE and any identified difference will be remitted to the Trust in a lump

sum on or before the last day of the month following reconciliation.

k. In the case of a dispute regarding the FTE number of members for whom the provincial benefits

package is being provided, the dispute will be resolved between the Board and OCEW.

I. As of the day that a Board commences participation in the -Trust, the Board will submit an amount equal to 1/12th of the negotiated funding amount as defined in s. 3.2.1 (b), (d), (e) and (f) to the

Plan's Administrator on or before the last day of each month.

m. The Trust will provide the necessary information needed by Boards to perform their administrative duties required to support the Trust in a timely and successful manner.

n. The Boards shall deduct premiums as and when required by the Trustees of the ELHT from each

member's pay on account of the benefit plan(s) and remit them as and when required by the

Trustees to the Trust Plan Administrator of the ELHT with supporting documentation as required by the Trustees.

o. Funding for retirees shall be provided based on the costs or premiums in 2014-15 associated with

those retirees described in 2.1.2 and 2.1.3 plus 4% in 2015-16 and 4% in 2016-17. Employer and

Employee co-shares will remain status quo per local collective agreements in place as of August 31, 2014 or per existing benefit plan provisions.

p. Some OCEW members currently contribute to the payment of employee benefits at varying levels in

accordance with local collective agreements, generally referred to as "Co-Pay". This amount is often expressed as a percentage of premiums. Should the Trust choose to reduce or eliminate the

"Co-Pay", the Crown will provide funding equivalent to the reduction of the "Co-Pay" amount. The

reduction to the percentage of premium, if any, will be converted to a per FTE amount based on the 2014-15 premiums. This election must be made by the last Board's Participation Date.

24

q. With respect to Casual and Temporary Employees, where payment is provided in-lieu of benefits coverage this arrangement will remain the on-going obligation of the affected Boards. Where benefits coverage was previously provided by the Boards for casual and temporary employees the affected Boards will find a similar plan that is cost neutral to the Boards, recognizing inflationary cost as follows: plus 4% for2015-16 and 4% for2016-17.

r. 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.

4.0.0 TRANSITION COMMITTEE 4.1.0 Subject to the approval of ELHT, OCEW may have representation on the ELHT transition committee

regarding all matters that may arise in the provision of benefits for Employees represented by OCEW.

5.0.0 PAYMENTS 5.1.0 The Crown will make a recommendation to the Lieutenant Governor in Council to amend the Grants

for Student Needs funding regulation indicating that the funding amount provided for benefit of the OCEW members must be provided to the Trust in accordance with the Letter of Agreement.

6.0.0 ENROLMENT 6.1.0 For new hires, each Board shall distribute benefit communication material as provided by the Union

to all new members within 15 to 30 days from their acceptance of employment. 6.2.0 For existing members, the Board shall provide the Human Resource Information System (HRIS) file

with all employment information to the Trustees as outlined in Appendix A 6.3.0 Where an HRIS file cannot be provided, the Board shall provide the required employment and

member information to the Trust Plan Administrator in advance of the member commencing active employment or within the first 30 days of the employment date. The Board shall enter any subsequent demographic or employment changes as specified by the Trust Plan Administrator within one week of the change occurring.

6.4.0 The benefit administration for all leaves, including Long-Term Disability where applicable, will be the responsibility of the Trust Plan Administrator. During such leaves, the Board shall continue to provide HRIS information and updates as defined above.

6.5.0 Each Board shall provide updated work status in the HRIS file a minimum of 2 weeks in advance of the leave or within the first 15 days following the start of the absence.

7.0.0 ERRORS AND OMISSIONS RELATED TO DATA 7.1.0 Board errors and retroactive adjustments shall be the responsibility of the Board. 7.2.0 If an error is identified by a Board, notification must be made to the Trust Plan Administrator within

seven (7) days of identification of the error. 7.3.0 Upon request by the Trust Plan Administrator, a Board shall provide all employment and member

related information necessary to administer the Provincial Benefit Plan(s). Such requests shall not be made more frequently than twice in any 12 month period.

7.4.0 The Trust Plan Administrator or designate has the right to have their representatives review employment records related to the administration of the Trust at a Board office during regular business hours upon 30 days written notice.

8.0.0 CLAIMS SUPPORT 8.1.0 The Board shall complete and submit the Trust Plan Administrator's Waiver of Life Insurance

Premium Plan Administrator Statement to the Trust Plan Administrator for life waiver claims when the Trust Plan Administrator does not administer and adjudicate the LTD benefits.

8.2.0 Each Board shall maintain existing beneficiary declarations. When required, the Board shall provide the most recent beneficiary declaration on file to the Trust Plan Administrator. Any changes subsequent to the participation date shall be the responsibility of the Trust.

9.0.0 PRIVACY

25

9.1.0 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 be based on the Personal Information Protection and Electronic Documents Act (PIPEDA).

26

APPENDIX A - HRIS FILE

Each Board may choose to provide to the Trustees of the ELHT directly, or provide authorization through its Insurance Carrier of Record, to gather, the following information within one (1) month of notification from the Trustees. The following information shall be provided in the formats agreed to by the Trustees of the ELHT and the employer representatives:

a. complete and accurate enrolment files for all members, member spouses and eligible dependents, including:

i. names; ii. benefit classes; iii. plan or billing division; iv. location; v. identifier; vi. date of hire; vii. date of birth; viii. gender; ix. default coverage (single/couple/family).

b. estimated return to work dates;

c. benefit claims history as required by the Trustees;

d. list of approved pre-authorizations and pre-determinations;

e. list of approved claim exceptions;

f. list of large amount claims based on the information requirements of the Trustees;

g. list of all individuals currently covered for life benefits under the waiver premium provision; and member life benefit coverage information.

27



AND The Council of Trustees' Associations

(Hereinafter the 'CT A') The Crown

RE: Professional Activity Day

The parties confirm that should there be an additional PA Day beyond the current 6 PA days in the 2015-16 and/or the 2016-17 school years, there will be no loss of pay for OCEW members (excluding casual employees) as a result of the implementation of these additional PA days. For further clarity, the additional PA day will be deemed a normal work day. OCEW members will be required to attend and perform duties as assigned. Notwithstanding these days may be designated as SULP days.

Casual employees who are directed to attend training on PA Days will be compensated in accordance with current local collective agreement provisions.

28




(Hereinafter the 'CTA')

RE: Long Term Disability (LTD) Plan Working Group

The parties acknowledge that increases in premiums for LTD plans are a significant issue. The parties agree to review the issue of affordability of LTD plans for both boards and employees who pay LTD premiums (in whole or in part) in support of existing LTD plan arrangements.

A joint central committee of Board staff and OCEW members shall be established to review options related to sustainability and affordability of LTD plans. Options may include, but are not limited to:

I. Exploring a common plan through a competitive tendering process II. Exploring other delivery options through a competitive tendering process

Ill. Reviewing joint proposals from local Boards and Bargaining Agents to effect changes to plan design to reduce costs.

The Central Parties agree that Local Boards and Bargaining Agents may discuss and mutually agree, outside of the context of collective bargaining, to make plan design changes with a view to reducing premiums.

29


RE: Sick Leave

BETWEEN The Ontario Council of Educational Workers


The Council of Trustees' Associations (Hereinafter the 'CT A')

The parties agree that any current collective agreement prov1s1ons and/or Board policies/practices/procedures related to Sick Leave that do not conflict with the clauses in the Sick Leave article in the Central Agreement shall remain as per August 31, 2014.

1. Responsibility for payment for medical documents. 2. Sick leave deduction for absences of partial days.

The parties agree that attendance support programs are not included in the terms of this Letter of Agreement.

This Letter of Agreement will form part of the Central Terms between the parties and will be adopted by the parties effective upon ratification.

This Letter of Agreement shall expire August 30, 2017.

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(Hereinafter the 'CT A') AND

The Crown

RE: Violence Prevention Training

OCEW will be consulted, through the Central Labour Relations Committee, regarding the development/purchase of a training program on the prevention of violence for Employees whose core duties require them to work directly in contact with students who may pose a safety risk. The Crown agrees to fund the development/purchase.

The Central Labour Relations Committee will consider the following points in developing the training module program including:

• Causes of violence;

• Factors that precipitate violence;

• Recognition of warning signs;

• Prevention of escalation; and

• Controlling and defusing aggressive situations.

• Employee reporting obligations

The training program will be made available to Boards and OCEW no later than November 30, 2016.

Local boards will consult with local unions regarding the implementation of the training program.

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(Hereinafter the 'CTA')

RE: Employment Insurance (E.I.) Rebate

The parties agree that where the E.I. rebate is used to fund extended health care benefits, it is connected to the central issue of benefits and is therefore status quo for this round of bargaining.

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(Hereinafter the 'CT A')

RE: Professional Development

The parties acknowledge the important skills and expertise that Educational Workers contribute to Ontario's publicly funded schools and their commitment to improving student achievement.

Where the Ministry provides funds to local School Boards specifically to provide professional development to Employees covered by this collective agreement, local School Boards shall consult with local Union representatives prior to finalizing and delivering the funded professional development.

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BETWEEN The Ontario Council of Educational Workers


The Council of Trustees' Associations (Hereinafter the 'CT A')

AND The Crown

RE: Children's Mental Health, Special Needs and Other Initiatives

The parties acknowledge the ongoing implementation of the Children's Mental Health Strategy, the Special Needs Strategy, and other initiatives within the Province of Ontario.

The parties further acknowledge the importance of initiatives being implemented within the Provincial Schools System including but not limited to the addition of Mental Health Leads, and the protocol for partnerships with external agencies/service providers.

It is agreed and affirmed that the purpose of the initiatives is to enhance existing mental health and at risk supports to School Boards in partnership with existing Professional Student Services Support Staff and other school personnel. It is not the intention that these enhanced initiatives displace OCEW members, nor diminish their hours of work.

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RE: Status Quo Central Items

Status quo central items

BETWEEN The Council of Trustees' Associations

(hereinafter called 'CT A') AND


The parties agree that the following central issues have been addressed at the Central Table and that the provisions shall remain status quo. For further clarity, if language exists, the following items are to be retained as written in 2008/2012 local collective agreements, subject to modifications made during local bargaining in 2013. As such the following issues shall not be subject to local bargaining or mid-term amendment between local parties. Disputes arising in respect of such provisions shall be subject to Section 43 of the Schoo/ Boards Collective Bargaining Act.

Issues: 1. Allowances 2. Long Term Disability 3. Hours of Work 4. Workweek 5. Work Year (excluding local arrangements related to summer scheduling) other than those contained

herein 6. Preparation and planning time for all staff whose core duties are directly related to student/learner

instruction 7. Staffing Levels 8. Paid Vacation and Holidays including Statutory Holidays

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(hereinafter called the 'OCEW')

RE: Status Quo Central Items as Modified by this Agreement The parties agree that the following central issues have been addressed at the Central Table and that the provisions shall remain status quo. For further clarity, the following language must be aligned with current local provisions and practices to reflect the provisions of the 2012-13 MOU. As such the following issues shall not be subject to local bargaining or mid-term amendment by the local parties. Disputes arising in respect of such provisions shall be subject to Section 43 of the School Boards Collective Bargaining Act, 2014.

1. Pregnancy Leave Benefits

Definitions a. "casual employee" means,

i. a casual employee within the meaning of the local collective agreement,

ii. if clause (i) does not apply, an employee who is a casual employee as agreed upon by the board and the bargaining agent, or

iii. if clauses (i) and (ii) do not apply, an employee who is not regularly scheduled to work

b. "term assignment" means, in relation to an employee,

i. a term assignment within the meaning of the local collective agreement, or

ii. where no such definition exists, a term assignment will be defined as twelve (12) days of continuous employment in one assignment

Common Central Provisions a. Permanent employees and employees in term assignments who are eligible for pregnancy leave

pursuant to the Employment Standards Act, shall receive a SEB plan to top up their E.I. Benefits. An Employee who is eligible for such leave shall receive the equivalent of 100% of salary as set out below, 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.

b. SEB payments are available only to supplement E.I. benefits during the absence period as specified in this plan.

c. The Employee must provide the Board with proof that she has applied for and is in receipt of employment insurance benefits in accordance with the Employment Insurance Act, as amended, before SEB is payable.

d. Permanent employees and employees in term assignments not eligible for a SEB plan as a result of failing to qualify for Employment Insurance will be eligible to receive 100% of salary from the employer for a total of eight (8) weeks with no deduction from sick leave or STLDP.

e. Where any part of the eight (8) weeks falls during the period of time that is not eligible for pay (i.e. summer, March Break, etc.), the full eight (8) weeks of top up shall continue to be paid.

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f. 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.

g. Employees in term assignments shall be eligible for the SEB as described herein for a maximum of eight (8) weeks or the remaining number of weeks in their current assignment, whichever is less.

h. If an employee begins pregnancy leave while on approved leave from the employer, the above maternity benefits provisions apply.

i. The start date for the payment of the pregnancy benefits shall be the earlier of the due date or the birth of the child.

j. 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.

k. Casual employees have no entitlement to the benefits outlined in this article. I.

Local Bargaining Units will identify which of the SEB Plans below apply in their circumstance. The applicable language must be included with the Common Central language above as paragraph I). the full article should then reside in Part B of the collective agreement:

i. 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;

ii. A SEB plan with existing superior entitlements;

iii. A SEB or salary replacement plan noted above that is altered to include six (6) weeks at 100%, subject to the aforementioned rules and conditions, plus meshing with any superior entitlements to maternity benefits. For example, 17 weeks at 90% pay would be revised to provide six (6) weeks at 100% pay and an additional 11 weeks at 90%.

2. Workplace Safety Insurance Benefits (WSIB) Top Up Benefits Where a class of employees was entitled to receive WSIB top-up on August 31, 2012 deducted from sick leave, the parties must incorporate those same provisions without deduction from sick leave in the 2014-2017 collective agreement. The top-up amount to a maximum of four (4) years and six (6) months shall be included in the 2014-17 collective agreement.

Employees who were receiving WSIB top-up on September 1, 2012 shall have the cap of four (4) years and six (6) months reduced by the length of time for which the Employee received WSIB top-up prior to September 1, 2012.

For Boards who did not have WSIB top-up prior to the MOU, status quo to be determined. Provisions related to this article remain status quo in accordance with terms and conditions with collective agreements from August 31 51, 2014.

3. Short Term Paid Leaves The parties agree that the issue of short term paid leaves has been addressed at the Central Table and the provisions shall remain status quo to the provisions in current local collective agreements. For further clarity, any leave of absence in the 2008-2012 local collective agreement and including modifications made during 2012-2014 local bargaining if any, that utilized deduction from sick leave, for reasons other than personal illness shall be granted without loss of salary or deduction from sick leave, to a maximum of 5 days per school year. For clarity, those boards that had 5 or less shall remain at that level. Boards that had 5 or more

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days shall be capped at 5 days. These days shall not be used for the purpose of sick leave, nor shall they accumulate from year to year.

Short term paid leave provisions in the 2008-12 collective agreement or modifications made during 2012-2014 local bargaining if any that did not utilize deduction from sick leave remain status quo and must be incorporated into the 2014-17 collective agreement.

Provisions with regard to short term paid leaves shall not be subject to local bargaining or amendment by local parties. However, existing local collective agreement language may need to be revised in order to align with the terms herein.

4. Retirement Gratuities The issue of Retirement Gratuities has been addressed at the Central Table and the parties agree that formulae contained in current local collective agreements for calculating Retirement Gratuities shall govern payment of retirement gratuities and be limited in their application to terms outlined in Appendix A -Retirement Gratuities.

Disputes arising in respect of such provisions shall be subject to Section 43 of the School Boards Collective Bargaining Act.

The following language shall be inserted unaltered as a preamble to Retirement Gratuity language into every collective agreement:

"Retirement Gratuities were frozen as of August 31, 2012. An Employee is not eligible to receive a sick leave credit gratuity or any non-sick leave credit retirement gratuity (such as, but not limited to, service gratuities or RRSP contributions) after August 31, 2012, except a sick leave credit gratuity that the Employee had accumulated and was eligible to receive as of that day.

The following language applies only to those employees eligible for the gratuity above:

PART A-SICK LEAVE

The Board agrees to continue the respective sick leave plans (former Hamilton Board of Education and former Wentworth County Board of Education) from July 1, 1998 to date of ratification. Effective 151 of the month following date of ratification the following sick leave plan shall apply to all employees of the bargaining unit:

1. (a) Employees shall be entitled to sick leave credits from their probationary date of hire for personal illness based on the following:

- twenty (20) days per school year for bargaining unit employees regularly employed for more than twenty (20) hours per week.

- ten (10) days per school year for bargaining unit employees regularly employed twenty (20) hours per week or less

(b) Upon appointment to permanent status, employees shall receive sick leave credits effective for personal illness from the probationary date of hire. Such credits will be pro-rated for the number of months remaining in the year in which they are hired and based upon the following:

- twenty (20) days per school year for bargaining unit employees regularly employed for more than twenty (20) hours per week.

- ten (10) days per school year for bargaining unit employees regularly employed twenty (20) hours per week or less.

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Union agrees to withdraw Policy Grievance of June 10, 2005 as Board will apply this agreement to the 21 employees named in the grievance and those employees who attained permanent status after September 1, 2006.

2. Payment shall be at the employee's regular hourly rate, for the number of hours the employee would normally have been scheduled to work if not absent on account of such illness.

3. An employee shall be allowed to accumulate in the sick leave credit account no more than a maximum cumulative total of:

two hundred and sixty (260) days for employees regularly employed for more than twenty (20) hours per week.

one hundred and thirty (130) days for employees regularly employed twenty (20) hours per week or less.

Employees regularly employed for more than twenty (20) hours per week who currently have in excess of two hundred and sixty (260) days shall be frozen at their existing accumulative balance.

Employees who are regularly employed for twenty (20) hours per week or less who currently have in excess of one hundred and thirty (130) days shall be frozen at their existing accumulative balance.

4. There shall be deducted from an employee's accumulated sick leave credit account the number of days the employee is absent with paid sick leave.

5. The credits in an employee's account at the 3oth day of June in each year shall be carried forward in the account on the first day of September next following.

6. No sick leave shall be paid to an employee while the employee is absent from employment when there are no credits to the employee's sick leave account.

7. In order to qualify for sick leave payment, an employee who is absent from duties for illness not covered by the Workplace Safety and Insurance Board for a period exceeding five (5) consecutive working days must produce a certificate of illness from a qualified physician or licentiate of dental surgery. If such period does not exceed five (5) consecutive working days a certificate by the Principal or other superior officials of such employee shall be accepted in lieu thereof. The Board may, at its discretion, request a medical certificate from a qualified physician to cover an absence from work through illness or accident for five (5) consecutive working days or less.

8. Upon an employee qualifying for sick leave payment hereunder, deduction from the accumulative sick leave account shall be made up of:

- two hundred and sixty (260) days for employees regularly employed for more than twenty (20) hours per week.

- one hundred and thirty (130) days for employees regularly employed twenty (20) hours per week or less.

Transfer of Credits

9. Employees entering the service of the Board shall be responsible for presenting a statement of their cumulative credits from the last previous Board. In no event shall such transferable credits exceed the maximum credits established under this agreement.

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Sick Leave Gratuity

10. Retirement Gratuities were frozen as of August 31, 2012. An Employee is not eligible to receive a sick leave credit gratuity or any non-sick leave credit retirement gratuity (such as, but not limited to, service gratuities or RRSP contributions) after August 31, 2012, except a sick leave credit gratuity that the Employee had accumulated and was eligible to receive as of that day.

The following language applies only to those employees eligible for the gratuity above.

Subject to the provisions of any General or Special Act of the Legislature of Ontario, now or hereafter enacted, the Board shall, on the termination of an employee's service with the Board, compute the amount of such employee's sick leave credit account by multiplying the number of days standing to the employee's credit in the account by the then per diem salary subject to (h) below and,

(a) The Board shall pay the said amount to such employee if, at the date of such termination the employee has attained the age of sixty-five (65) years.

(b) The Board shall pay the said amount to such employee, if the employee terminates service and the employee has either attained the age of 60 years or has been twenty (20) years in the service of the Board.

(c) For employees hired prior to November 1, 1988 the calculation of the retirement gratuity in subsection 10 shall not exceed one-half (1/2) year's earnings.

(d) For an employee hired on, and after November 1, 1988 the payment of a sick leave gratuity as calculated with subsections 9 and 10 hereof, shall not exceed $10,000.00.

(e) The sick leave gratuity shall be paid out in one lump sum once the Board has received satisfactory proof that the employee has retired on pension. The payment of the sick leave gratuity will be paid as soon as possible but in no event later than sixty (60) days of the Board receiving such satisfactory proof.

(f) If an employee dies while in the service of the Board, payment of a gratuity computed on the same basis as the sick leave gratuity on retirement shall be paid to the estate of the employee. Such payment will be conditional upon the qualifying rules for a gratuity, i.e. retirement eligibility and number of years of service required for payment.

(g) Neither a sick leave gratuity nor a retiring allowance shall be paid to an employee who is dismissed by the Board for just cause.

(h) The per diem salary of an employee on a leave of absence in a full time Union position, as set out in Article 7.02, shall be based upon the same number of hours per day as that of educational assistants.

(i) Payment for sick leave gratuity shall not be prorated based on whether the employee works a full day or .5 of a day. The calculation shall be based on the total number of days in the employee's sick leave account as set out in 1. (a) and (b) above and subject to 10. (c).

5. Sick Leave to Bridge Long Term Disability Waiting Period Boards which have Long Term Disability waiting periods greater than 131 days shall ensure there is language that accords with the following entitlement:

An Employee who has applied for long-term disability is eligible for additional short term disability leave days up to the maximum difference between the long-term disability waiting period and 131 days. The additional days shall be payable at 90% and shall be used only to bridge the Employee to the long-term disability waiting period if, under a collective agreement in effect on August 31,

40

---- - -- - ---------------------------------------------

2012, the Employee was required to wait more than 131 days before being eligible for benefits under a Long-Term Disability plan and the collective agreement did not allow the employee the option of reducing that waiting period.

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LOCAL TERMS - TABLE OF CONTENTS PARTB

ARTICLE DESCRIPTION PAGE

L 1.0 General Purpose 44

L 2.0 Recognition 44

L 3.0 General Terms 45

L 4.0 Relationship 45

L 5.0 Management Rights 46

L 6.0 No Strikes or Lockouts 46

L 7.0 Union Leave of Absence 46

L 8.0 Union Committee Members 46

L 9.0 Seniority 47

L 10.0 Layoffs and Recalls - also refer Letter of Understanding 49 #8

L 11.0 Surplus and Redundancy 50

L 12.0 Job Posting - also refer Letter of Understanding #8 50

L 13.0 Discharge and Discipline 52

L 14.0 Hours of Work 53

L 15.0 Recognized Paid Holidays 53

L 16.0 Vacations With Pay 53

L 17.0 Employee Benefits 54

L 18.0 Leave of Absence 57

L 19.0 Pregnancy and Parental Leave 58

Short Term Leaves of Absence

• Bereavement Leave L 20.0 • Paternal Leave 62

• Jury And Witness Duty • Reliqious Holy Days

L 21.0 Absence Due to Illness and Disability 63

L 22.0 Grievance Procedure 64

L 23.0 Union Policy Grievance, Board Grievance, Group

64 Grievance

L24.0 Arbitration 65

L 25.0 Travel Allowance 66

L 26.0 Health and Safety 66

L27.0 Job Classification and Reclassification 66

L 28.0 Bulletin Boards 67

L 29.0 Access to Information 67

L 30.0 Transporting Students 67

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L31.0 Temporary Educational Assistants 67

L 30.0 Term of the Agreement 68

Part A - Wage Rates, Part B - Anniversary Dates and Appendix "A" Increments, Salary on Promotion, Salary on Demotion, 69

Salary on Displacement

Appendix "B" Leave Without Deduction of Salary or Credit 70

Part B - Workplace Safety and Insurance Board 70

Appendix "C" Pension Plan 70

LETTERS OF UNDERSTANDING

#1 - Liability Insurance 71

#2 - Utilities 71

#3 - Travel Time 71

#4 - Medication 71

#5 - Professional Development Days 71

#6 - Training 72

#7 - Temporary Time-Definite Assignments 72

#8 - Pilot Program - Transfer & Surplus 72

#9 - EA- Travel with Students 77

LETTERS OF INTENT

#1 - Health and Safety 77

#2 - Supervision 77

LETTERS OF AGREEMENT

#1 - Replacement of Educational Assistants 77

TERMS OF REFERENCE Health and Safety 78

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PART B: LOCAL TERMS

ARTICLE L 1.0 - GENERAL PURPOSE

1.01 This Agreement is entered into by the parties hereto in order to provide 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 between 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.

ARTICLE L2.0 - RECOGNITION

2.01 The Board recognizes the Union as the sole and exclusive bargaining agent for all educational assistants, job coaches, vocational educational support workers, communication disorders assistants, developmental specialists, youth and child care workers and lunchroom assistants employed by the Board, save and except bus supervisors, lunchroom supervisors, cafeteria supervisors, volunteer persons, supervisors and persons above the rank of supervisor.

2.02 A "temporary employee" means a person employed for a period less than one year:

(a) to replace an employee absent because of illness, disability, or leave of absence. (b) in order to fill a temporary vacancy not yet filled through the job posting procedure of Article

12. (c) an employee on lay-off called back to work on a temporary assignment. The employee shall

receive the designated rate of pay for the assignment, four percent (4%) vacation pay, and, where applicable, the Board shall continue to contribute its share of OMERS Pension contributions.

2.03 A temporary employee defined under Article 2.02 shall not be entitled to any seniority rights under this Agreement.

A temporary employee shall be paid effective September 1, 2016 $17.13 per hour and effective February 1, 2017 $17.22/hour, and shall be entitled to the designated overtime rate of pay, wherever applicable, in accordance with the terms of Article 14 of this Agreement. After the completion of two (2) weeks in the same assignment, the employee will be paid the rate of pay for the assignment retroactive to the date the assignment commenced. The employee shall receive four percent (4%) vacation pay and shall be entitled to a paid recognized holiday under Article 15.01 of this Agreement provided that the employee works the last scheduled Board working day before the recognized holiday and the first scheduled working day after the recognized holiday.

A temporary employee who is assigned prior to September 15, for the entire school year, shall be eligible to become enrolled for the entire school year in the benefit plans listed in Article 17.01 (a) and the Board shall contribute its portion of the premium cost of such coverage as outlined in the above mentioned article. Such coverage shall be cance)led upon completion of the assignment.

A temporary employee appointed to the probationary staff without an intervening break in employment shall have seniority dated back to the commencement date of the employee's last temporary assignment, once the employee has successfully completed the three (3) month probationary period.

2.04 The Board will advise the Union, on a monthly basis (at the end of each month), of the name, start date of assignment, work location and the name of the employee being replaced of all temporary employees who are placed in one assignment for more than twenty (20) consecutive working days.

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2.05 No member of the bargaining unit on probationary or permanent staff shall be laid off or suffer a reduction of or a change in normally scheduled hours of work as a result of the use of volunteers.

2.06 The Board shall provide the President of the Union, or designate with the names, work location, address and home phone numbers of all employees by October 31st of each school year. Such Informations ha 11 be provided in an electronic format.

ARTICLE L 3.0 - GENERAL TERMS

3.01 Wherever the singular is used it shall be deemed to include reference to the plural, wherever applicable.

3.02 The employer shall not require any employee of the bargaining unit to make a written or verbal agreement, which contravenes the terms of this Agreement.

3.03 The Board shall supply bargaining unit employees with an electronic copy of the collective agreement via the Board's web portal. The Board will also supply the Union with an electronic copy of the collective agreement.

ARTICLE L 4.0 - RELATIONSHIP

4.01 The parties agree that there shall be no discrimination, interference, restriction or coercion with respect to any employee because of membership or non-membership in the Union or by reason of any activity or lack of activity in the Union.

4.02 The parties agree in accordance with the Ontario Human Rights Code, there shall be no discrimination by the Board or by the Union against any employee because of race, ancestry, place of origin, colour, ethnic origin, creed, sex, age, record of offences, marital status, family status, sexual orientation, or disability.

4.03 The Union will not engage in Union activities during working hours or hold Union meetings at any time on the premises of the Board without prior permission of the Manager Employee and Labour Relations or designate unless otherwise provided for in this Agreement.

4.04 All employees covered by this Agreement shall become and remain a member of the Union. All bargaining unit employees shall as a condition of employment be required to pay union dues by means of payroll deduction.

4.05 All employees except temporary employees who are now members or who become members of the Union shall remain members of the Union during the lifetime of this Agreement. All new employees except temporary employees shall become and remain members of the Union during the lifetime of this Agreement.

4.06 The Board will deduct dues, as specified by the Union from time to time, from the pay of each employee in the bargaining unit. The Board will also deduct an initiation fee as specified by the Union for each new employee hired into the bargaining unit. In addition, the Board will deduct regular monthly dues as a stated percentage of earnings from temporary employees as defined in Article 2.02.

The Board shall remit the dues and initiation fees deducted to the Secretary-Treasurer of the Union, accompanied by a list of those employees from whom dues and initiation fees were deducted, within fifteen ( 15) days after the end of the month from which it applies.

4.07 Union dues will be deducted from each pay in the month.

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4.08 The Union shall promptly notify the Board in writing as to the deductions to be made by the Board for regular monthly dues and the Board shall have the right to continue to rely upon such written notification as to the amount to be deducted until it receives other written notification from the Union. Notification of deductions or any changes in deductions shall be sent to the Board by registered mail.

4.09 The Board in making deductions shall have the right to rely upon the authorizations to be furnished as aforesaid. The Union agrees to indemnify and hold the Board harmless against all claims, demands and expenses, should any person at any time contend and claim that the Board has acted wrongfully or illegally in making such deductions.

4.10 The Board shall notify the Union of the hiring of any new employees. For the purpose of acquainting the new union members with the benefits and duties of Union membership, the Local's President or designate will be invited to participate in orientation sessions scheduled by the Board. The Board shall notify the Union of the time, place of the meeting, and provide at least five (5) working days notice of the meeting.

ARTICLE L5.0 - MANAGEMENT RIGHTS

5.01 Save and except to the extent specifically modified or curtailed by any provision(s) of this Agreement, the right and responsibility to manage the business of the Board and its schools is vested solely and exclusively in the Board. The Board agrees that it will not exercise any of its rights in a manner inconsistent with the terms and provisions of this Agreement.

ARTICLE L6.0 - NO STRIKES OR LOCKOUTS

6.01 In view of the orderly procedures established by this Agreement for the settling of disputes and the handling of grievances, the Union agrees that during the life of this Agreement, there shall be no strike, and the Board agrees that there will be no lockout.

The terms strike and lock-out shall be as defined i n the Ontario Labour Relations Act and School Boards Collective Bargaining Act.

ARTICLE L7.0 - UNION LEAVE OF ABSENCE

7.01 Leave of absence without pay or loss of seniority shall be granted, upon written request, to employees not to exceed ten (10) employees at one time for a total of one hundred (100) days per school year, who have been selected or appointed to represent the Union at conventions, conferences or on Union business. Where there is more than one (1) employee from the same school requesting such leave, such request shall be subject to Board approval.

7.02 Upon written request, the Board shall grant a leave of absence for a period of up to two (2) years to an employee who has been appointed to a Union.position. The leave shall be limited to up to two (2) employees at any one time and shall be without loss of salary, seniority or fringe benefits providing the Union reimburses the Board for the full cost of the leave. If the employee returns from a leave of absence equivalent to two (2) years, the employee shall be assigned to the employee's former position if it still exists or the equivalent. The per diem salary of an employee on a leave of absence in a Union position shall be based upon the same number of hours per day as that of educational assistants.

ARTICLE L8.0 - UNION MEMBERS

8.01 All committee members shall be seniority employees of the Board.

8.02 The Board acknowledges the right of the Union to appoint or select a grievance committee composed of not more than three (3) seniority employees, a negotiating committee of not more than five (5) seniority employees, a staff relations committee of not more than three (3) seniority

46

employees, and a pay equity committee of not more than five (5) seniority employees, and will recognize and deal with the appropriate committees with respect to matters which are properly processed pursuant to the grievance procedure and with respect to contract negotiations or matters which may arise in regard to this Agreement.

8.03 The Board acknowledges the right of the Union to appoint or select no more than fifteen (15) steward representatives.

8.04 The name and jurisdiction of each steward representative and committee member shall be given to the Board in writing on an annual basis no later than October 31 51 of each school year.

8.05 Initial correspondence between the parties on matters related to the terms of the collective agreement shall pass between the Manager of Employee and Labour Relations and the President of the Union or designate.

8.06 The Union may have the services of a staff union representative and/or advisor during negotiations to renew or amend this Collective Agreement.

8.07 A Union committee member, with approval of the Principal or Manager will be permitted during working hours, without loss of pay, to leave regular duties for a reasonable length of time for the purposes of conferring with representatives of the Board. Such approval shall not be unreasonably withheld.

8.08 Members of the Union's negotiating committee shall be paid at their regular straight time rate of pay for their regularly scheduled work time spent with representatives of the Board for purposes of amending or renewing the Agreement up to and including, but not beyond, the stage of Conciliation Officer. Such committee members will not be compensated for time spent prior to or beyond their regular working hours.

8.09 The privileges of a griever and the griever's steward to leave their work without loss of pay to take part in the processing of grievances is granted on the following conditions: (a) It shall apply to time spent processing grievances in accordance with Steps 1 and 2 of the

grievance procedure (Article 22) and to time spent attending an arbitration (Article 24). · (b) All time shall be devoted to the prompt handling of grievances. (c) The griever and the steward shall obtain permission of their Principal or Manager before

leaving work. Such permission shall not be unreasonably withheld. ( d) All time away from work shall be properly reported. (e) Should the nature of a grievance require a steward to visit the work area of an aggrieved

employee, the steward shall request permission of the Principal or Manager and the Principal of the school the steward is to visit. A time mutually satisfactory to the parties involved shall be set for such visit.

8.10 A staff relations committee composed of three (3) members of the Union and representatives of the Board will meet at such times as may be mutually agreed upon to discuss matters of mutual concern which may arise from the Agreement. A staff representative of the Union may attend a meeting of the staff relations committee.

ARTICLE L9.0 - SENIORITY

9.01 (a) An employee will be considered on probation and will not be placed on the seniority list or be entitled to any seniority rights until the employee has been on the Board's regular staff for three (3) months of continuous employment, exclusive of the school recess periods. After completion of the probationary period the seniority of the employee shall be dated back to the last date of hiring.

A probationary employee whose services are terminated as a result of redundancy while

47

serving the probationary period and who is reassigned to employment within a period of twelve (12) months, shall finish serving the probationary period at the point at which the employee was terminated.

(b) Bargaining unit seniority shall be calculated on the following basis: (i) Regularly Employed 20 hours or more per week Ten (10) school months of

employment equals one year of seniority credit. Each school month of employment since last date of appointment to probationary staff equals .1 year of seniority credit.

(ii) Regularly Employed less than 20 hours per week Ten (10) school months of employment equals one-half year of seniority credit. Each school month of employment since last date of appointment to the probationary staff equals .05 year of seniority credit.

(c) The seniority list shall show the employee's name, date of last appointment to the probationary staff, and years (or fraction thereof) of seniority credit.

( d) Tie-Breakers * If two employees have equal seniority credit, the employee with the earlier date of appointment to the probationary staff shall be senior. * If still tied, seniority standing of the two employees shall be determined by a method of lot mutually agreed upon by both parties.

9.02 A seniority list shall be established in order of seniority by the Board based on the date upon which an employee was last appointed to the probationary staff of the Board, according to the terms of Article 9.01 and Article 2.03. Such list shall be brought up to date and sent to the President of the Union by November 1 and April 1, of each year and a copy shall be sent to each work location for posting. An employee shall have thirty (30) working days to appeal their position on the seniority list by stating the reasons for the appeal in writing including all necessary documentation to the Human Resources Officer or the list shall be deemed correct. Within thirty (30) working days after the appeal process has closed, Human Resources shall review each appeal and revise the employee's placement if warranted. The employee and the Local shall be advised as to the decision. A copy of the revised seniority list shall be sent to the Union.

(a) If an employee of the Board who is not covered by this Agreement transfers to a position covered by this Agreement, then the employee's seniority shall commence as of the date of transfer to the bargaining unit and in accordance with Article 9.01 (b).

(b) If a seniority employee accepts a temporary assignment outside of the bargaining unit not to exceed twelve (12) months in duration, the employee shall continue to accumulate seniority.

9.03 An employee shall continue to accumulate seniority under the following conditions:

(a) during an absence due to illness or accident; (b) while on Workplace Safety and Insurance Board absence; (c) while on approved leave of absence except as provided in Article 18 and Article 19.04; (d) while working scheduled time (which includes vacations and holidays).

9.04 An employee shall lose seniority standing under the following conditions if:

(a) the employee leaves the employ of the Board; (b) the employee is discharged and such discharge is not reversed through the grievance

procedure; (c) the employee fails after a layoff to return to work within seven (7) working days after the

Board has given notice of recall by registered mail, unless an extension is granted by the Board due to an emergency or other reasons;

( d) the employee is laid off by the Board in excess of twenty-one (21) months;

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(e) the employee is discharged because of absence from work without a bona fide reason; (f) the employee fails to return to work promptly after the expiration of any leave granted,

without a bona fide reason. (g) the employee accepts a position outside of the bargaining unit which exceeds twelve (12)

months in duration.

ARTICLE L 10.0 - LAYOFFS AND RECALLS

10.01 Wherever possible the Board will notify permanent employees who are to be laid off thirty (30) days prior to the effective date of lay-off. This article will not apply to natural break periods during the school year or in the event of a labour dispute with another bargaining unit within the Board.

10.02 (a)

(b)

In the event of layoff employees shall be laid off in the following order: (i) temporary employees; (ii) probationary employees beginning with the most recently hired; (iii) permanent employees in order of seniority beginning with the most junior employee.

Seniority shall be used in its reverse order, as specified in (a) above, except that a seniority employee may be retained out of order of seniority where there is no other permanent employee who is qualified to perform the work of the junior employee.

(c) an employee may be retained out of order of seniority as specified in sub-section (a) above, if there is no employee with greater seniority subject to layoff who is qualified and capable of performing the duties of the position.

10.03 A permanent employee who is given notice of lay-off may, in writing, waive the right of recall, and receive a severance allowance equal to two (2) weeks salary for each year of service from last date of appointment to the probationary staff, up to a maximum of twenty-six (26) week's pay. The Board shall have no further obligation to an employee who elects to receive a severance allowance instead of retaining the right of recall.

10.04 No new employee shall be hired as a probationary employee until all seniority employees on layoff who are qualified and capable of performing the duties of the position have been offered the opportunity of recall.

10.05 Before the Board employs a person from outside staff, an employee on layoff and subject to recall shall, for a period of twenty-one (21) months commencing from the date of layoff, be given first consideration to perform supply work or to fill a temporary assignment within the bargaining unit, providing the laid off employee is qualified and capable of performing the duties. The laid off employee shall be required to advise the Human Resources Department from time to time as to the employee's availability for such work. This preference shall be lost if the employee refuses a temporary assignment.

10.06 If a seniority employee subject to layoff or recall refuses an offer of employment on the regular staff under these procedures, the Board shall have no further obligation to the employee under the Collective Agreement.

10.07 It shall be the duty of all employees and/or laid off persons to notify the Human Resources Department promptly, in writing, of any change of address. If an employee or laid off person should fail to do this, the Board will not be responsible for failure of notice to reach the employee and any notice sent by the Board by registered mail to the address which appears on the Board's personnel records, shall be conclusively deemed to have been received by the employee or laid off person.

The Board shall notify the Union as to the names of all bargaining unit employees who have been laid off or recalled under these procedures.

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ARTICLE L 11.0 - SURPLUS AND REDUNDANCY

11.01 (a) "Surplus" shall be defined as an employee who has been declared surplus to a school or program and who is available for transfer.

(b) In the event of surplus and redundancy the most junior employee in a school or program shall be declared surplus and available for transfer. The Board will accept written, voluntary requests to be declared surplus and available for transfer from employees who are not the most junior, provided the request is received by Human Resources within two (2) working days of surplus being declared.

(c) Notwithstanding (b) above, an employee may be retained out of order of seniority subject to program need. Examples of program needs include intervenor, proficiency in sign language and braille.

11.02 In the event of school closure or the relocation of a special class, the employee(s) currently working in the closing school or special class will be given the opportunity in order of seniority to exercise first right of refusal to be assigned to the new school or relocated special class. If the employee(s) declines this opportunity, the employee(s) will be placed in accordance with Article 11.01. The above process is also applicable to SAL and the System Alternative Education Program.

11.03 A seniority employee shall have the right to displace the most junior employee in the same classification group, providing the employee is qualified and capable of performing the duties. If the employee is the junior employee in the classification group the employee will have the right to displace the most junior employee in the next lower classification group, providing the employee is qualified and capable of performing the duties. Positions with the same maximum wage rate shall be considered in the same classification group for purposes of this Article.

11.04 Prior to the posting process and prior to an employee exercising their rights under Article 10 of the layoff and recall provisions, the surplus employee(s) shall be placed in vacancies in order of seniority providing the employee is qualified and capable of performing the duties for the position. The surplus employee(s) and the Union shall be provided with a list of all vacancies prior to any postings, with the exception of June staffing. Within three (3) days of receipt of said vacancies, the surplus employee(s) shall submit in writing a Skills Inventory and a list of preferred choices. With the Union president or designate present, the Board will place the surplus employee(s) in accordance with their seniority and skills to their preferred placements, if possible.

ARTICLE L 12.0 - JOB POSTING

12.01 Subject to the provisions of article 10 (Layoff and Recall), a vacancy shall exist when the position is open due to one of the following:

promotion new created position demotion voluntary transfer retirement resignation

Notwithstanding the preceding, the Board has the right to determine the number of positions required.

12.02 (a) The Board shall post existing vacancies two (2) times per year. The posting dates shall be as follows:

(i) On or before October 15th, for assignments to commence no later than November 15th.

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(ii) On or before February 15th, for assignments to commence after the March Break. (iii) Any other time mutually agreed by the Union and the Board.

(b) June Staffing 1. Human Resources receives the allocation numbers at each school from Special Education

and shall share this information with the Union within two (2) working days. The employees who have put in voluntary transfers shall be notified of the date to withdraw said transfers. After the deadline to withdraw the voluntary transfers, Human Resources identifies surplus staff, as set out in 11.01 of this Agreement.

2. Human Resources advises school of names of surplus employees and requests details of available vacancies.

3. Human Resources will prepare a list of available jobs to be released electronically on or before June 1st electronically for five (5) days.

4. Human Resources will host, with the Union President or designate, two (2) information sessions for all employees taking part in the June staffing process.

5. Employees returning from Leave of AbsenceNoluntary transfer employees/Surplus employees are requested to list their top ten (10) choices in writing and forward to the Human Resources department within six (6) calendar days from date of release.

6. The Union will be invited to be present to observe the placement process. Human Resources will match qualified and capable employees to their choice based on order of seniority. If the number one choice is not available, then Human Resources will proceed to the employee's next choice (#2) and so on.

7. Employees will be asked to list additional choices if the first ten (10) choices are no longer available (i.e. this may occur for employees with low seniority).

8. This process is to be completed on or before June 30th.

(c) Based on the availability of permanent vacancies and following the completion of June staffing as outlined in Article 12.02 (b), half-time probationary and permanent educational assistants will be offered a voluntary opportunity to increase to a full-time position for the upcoming school year by completing the Voluntary Request to Increase Form, submitting a Skills Inventory and a list of ten (10) preferences. Human Resources will match qualified and capable employees to their choice in order of seniority based upon available permanent vacancies known to exist at that time. The Union will be invited to be present to observe the placement process. This process is to be completed on or before June 30th.

(d) If there are any permanent vacancies remaining following voluntary increases, temporary educational assistants will be eligible to apply for these remaining permanent vacancies which will be posted on the HWDSB Employee Web Portal and COPE websites once the Voluntary Increase process is completed. Human Resources will contact the successful applicants upon completion of the interview process on or before July 15th.

12.03 (a)

(b)

12.04 (a)

In filling any other vacancies the Board shall, before hiring from outside the regular staff, offer the position to a bargaining unit member qualified and capable of performing the duties who has requested a transfer, on a form which is available in the office.

An opportunity notice shall be posted on April 1st of each year inviting transfer requests from employees on the regular staff. Transfer requests must be registered annually by April 301h on a form to be provided by the Human Resources Department and are valid only until the end of the June staffing process. If an employee wishes to retract their transfer, such retraction must occur prior to the stated deadline for the June staffing process. If an employee does not retract their transfer, they will forfeit their rights to their current position and be included in the June staffing process.

An employee who wishes to apply for a posted vacancy shall submit a written application, to the Principal of the school within five (5) working days of the initial posting.

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(b) If an employee applies for a posted position and the employee wishes to retract their application, such retraction must occur prior to the interview process or by notifying Human Resources in writing twenty-four (24) hours after the interview has occurred. If an employee does not retract their application and they are successful to a posting, they will forfeit their rights to their current position.

(c) Human Resources will contact the successful applicants in order of seniority. If an employee is successful to more than one (1) posted position, the employee must choose one of the positions at time of contact. If an employee does not select a position at time of initial contact, Human Resources will place the employee in one of the positions.

12.05 In filling any posted vacancy under this Agreement, the Board shall base its decision on the applicant's qualifications and ability to perform the duties of the position. If qualifications and ability are relatively equal, the Board shall select the most senior candidate.

12.06 If there are no qualified and capable applicants to a posted vacancy from permanent employees, then the Board may fill the vacancy in the most convenient manner.

12.07 The posting shall show the location, the classification level and general requirements of the position known at the time of posting including the hours of work. Each position shall be posted separately and identified with a posting number.

12.08 An employee who is the successful applicant to a posted position shall not be permitted to post again for the ensuing school year from the date of notification of assignment unless such posting is a promotional opportunity to a position at a higher classification level or to a position with an increase in the number of hours worked. This sub-section shall also apply to any employee transferred by the Board through the job posting procedure.

12.09 Unsuccessful applicants to a job posting shall be notified by the school principal before the list of successful applicant's is/are posted.

12.10 The Board shall notify the President of the Union of the names of all successful applicants to posted vacancies and shall post the list of successful applicants on the Board's web portal.

12.11 A surplus employee who has been placed in a position, prior to a posting procedure, may be eligible to apply to the postings.

ARTICLE L 13.0 - DISCHARGE AND DISCIPLINE

13.01 (a) Each employee must be provided in writing with all notations of derogatory or disciplinary action, which are to be placed on the employee records. Unless such notation is made in writing to the employee, the Board will not use such incident as part of the employee's past record to justify a later disciplinary action. Such notice must be given to the employee within ten ( 10) working days of the discovery of the occurrence-giving rise to the action. In such cases, the President of the Union shall be notified by mail that the employee has been disciplined or received a derogatory notation. Any written reply made by an employee to a derogatory notation, disciplinary action or performance appraisal shall be included in the employee's personnel file provided such reply is received by the Board within ten (10) working days of the occurrence. The time limits in 13.01 shall be observed hereto, except where an extension of such time limits is mutually agreed upon.

(b) Notwithstanding 13.01 (a) above, in the event that an investigation is deemed necessary by the Board, and/or the Police, the CAS or any other outside agency, the Board shall notify the employee in writing that an investigation is being conducted. Such notice shall include the general nature of the investigation and a copy of the letter shall be sent to the President of the Union.

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13.02 If an employee who has attained seniority is discharged, demoted or suspended and the employee feels that the employee has been unjustly discharged, demoted or suspended, then the case may be taken up as a grievance. If such a grievance is undertaken, it shall begin at Step No. 2, provided that such grievance is submitted in writing to the Manager, Employee and Labour Relations within five (5) working days of the discharge, demotion or suspension.

13.03 When an employee is to be disciplined in writing or discharged, the employee shall be:

(a) so advised by the supervisor or a senior member of management; (b) advised of the time and place of the discipline or termination meeting; (c) accompanied by the President of the Union or designate; (d) given the reasons for the discipline or discharge at such meeting.

13.04 An employee may request in writing to the Manager of Employee and Labour Relations to have a written warning removed from the employee's personnel record after two years, providing no subsequent written warning or disciplinary action has been placed on the employee's personnel record in the intervening two (2) year period. The decision of the Manager of Employee and Labour Relations shall be final and binding and communicated in writing to the employee within fifteen (15) working days from said request.

ARTICLE L 14.0 - HOURS OF WORK

14.01 Normal hours of work shall be scheduled between the hours of 8:00 a.m. and 4:00 p.m., exclusive of a thirty (30) minute lunch period, that shall not exceed 1 hour in duration. The Union shall be notified where the Board's obligations require regularly scheduled hours outside the normal period. Employees who work in a secondary school shall continue to work during exam periods with full pay and benefits.

14.02 Overtime at the rate of time and one-half (1-1/2) the employee's regular straight time rate of pay will be paid for authorized work performed in excess of seven (7) hours per day or thirty-five (35) hours per week.

ARTICLE L15.0 - RECOGNIZED PAID HOLIDAYS

15.01 The following holidays shall be recognized:

Good Friday Victoria Day New Year's Day Labour Day

Easter Monday Thanksgiving Day Christmas Day Boxing Day

15.02 If a recognized holiday listed in Article 15.01 falls upon an employee's day off, then such employee shall have the choice of an additional day's pay or an additional day off with pay in lieu of the holiday at a time mutually satisfactory to the Board and the employee concerned.

15.03 If an employee is on leave of absence or off the active payroll when a recognized holiday falls then that employee shall not be entitled to holiday pay or a day off in lieu, unless otherwise qualifying under the Employment Standards Act.

ARTICLE L 16.0 -VACATIONS WITH PAY

16.01 All employees who have attained one (1) years' service with the Board prior to September 301h in any year shall be entitled to three (3) weeks' vacation with pay, which shall be prorated for a 10 month employment year. Such vacation will be taken as per Article 16.06.

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16.02 All employees who have attained eight (8) years' service with the Board prior to September 3Q1h in any year shall be entitled to four (4) weeks' vacation with pay, which shall be prorated for a 10 month employment year. Such vacation will be taken as per Article 16.06.

16.03 All employees who have attained seventeen (17) years' service with the Board prior to September 3oth in any 1year shall be entitled to five (5) weeks' vacation with pay, which shall be prorated for a 1 O month e employment year. Such vacation will be taken as per Article 16.06.

16.04 All employees who have attained twenty-four (24) years' service with the Board prior to September 3Q1h in any year shall be entitled to six (6) weeks' vacation with pay, which sh a 11 be prorated for a 10 month employment year. Such vacation will be taken as per Article 16.06.

16.05 All employees who have less than one (1) years' service with the Board prior to September 3Q1h in any year shall be entitled to vacation with pay on a prorated basis in accordance with Article 16.01. Suchvacation will betaken asperArticle16.06.

16. 06 In accordance with the vacation entitlement outlined in Article 16, employees are required to take vacation during the following time period:

(a) two (2) weeks' during the December break, which wil consist of seven (7) days' vacation entitlement and three (3) days of statutory holiday pay.

(b) one (1) weeks' pay during the March break.

Payment for the December and March break periods wi 11 be made on the next regularly

scheduled pay.

It is understood that if the employee has not accrued enough vacation time to take the above mentioned breaks off as vacation, the time w i 11 be coded as unpaid.

No record of employment for E.I. purposes will be issued in December or March in lieu of the vacation payment. Employees shall receive the remainder of their vacation entitlement In a lump sum, the lump sum payment which wll occur on the first regular pay in June.

16.07 If any employee who is entitled to vacation pay should quit, be discharged, or whose employment is otherwise terminated, then the employee shall be paid vacation pay on a prorated basis in accordance with Articles 16.01, 16.02, 16.03, 16.04, or 16.05, whichever applies. In the event of death, vacation pay shall be paid to the employee's estate.

16.08 Subject to Article 19.04, an employee who has been on Leave of Absence or Layoff for more than one (1) month, or on sick leave and off the active payroll for more than six (6) months during the vacation year, shall have vacation entitlement prorated in accordance with the amount of time the employee was on the active payroll during the vacation year.

ARTICLE L 17.0 - EMPLOYEE BENEFITS

17.01 The Board agrees to contribute to the plan for benefits as provided by the carrier as set out in this Article including the execution of appropriate payroll deductions for the employee's share in premiums for those employees who have elected to participate in the coverages and who have been approved by the Insurance Company.

17.02 (a) The Board will contribute one hundred per cent (100%) of the premium cost of the following benefit plans for an employee regularly employed for more than twenty (20) hours per week.

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For an employee who is regularly employed for twenty (20) hours per week or less, the Board's premium contribution of the following benefit plans will be prorated in the same proportion that the part-time schedule bears to a full-time schedule (See Appendix A regarding hours of work) with the employee contributing the remainder through payroll deduction:

(i) Semi-Private Hospital Care (ii) Please note - the increase to the dispensing fee, vision care and orthotics shown

below were in effect for the COPE bargaining unit in September 2010; therefore, the changes to the above language do not reflect ant benefit enhancements and are for housekeeping purposes only. Extended Health Care with no deductible -Dispensing Fee of $11.00 per prescription. Vision Care maximum reimbursement $350.00 per person including laser eye surgery and one eye exam every two benefit years. Hearing Aids - up to $500.00 every five (5) years. Orthotics and orthopedic shoes as prescribed by a medical practitioner shall be limited to a maximum of $500.00 per person $ per benefit year. Paramedical: all current maximums as per policy to be increased to $300 per person per benefit year.

(iii) Basic Group Life Insurance.

(b) Under the present Group Life Insurance Plan, employees shall pay the full premium for Optional Dependent's Group Life Insurance - spouse - $25,000; each dependent child -$10,000.

(c) The Board may at any time substitute another carrier provided that the benefits conferred thereby are at least equivalent and the Union is given an opportunity to consider the proposed change before implementation.

(d) (i) The Board Group Life Insurance Plan will provide life insurance in the amount of two (2) times annual salary up to a maximum of $30,000. New employees must, as a condition of employment, become and remain a member of the Basic Group Life Insurance Plan. Disability Coverage is not included. Coverage shall be effective the first of the month following completion of the employee's probationary period.

(ii) Optional Group Life Insurance An employee may elect Optional Group Life Insurance in multiples of ten thousand ($10,000) up to a combined maximum (Basic and Optional) of $80,000. The employee shall pay the full premium cost for the amount of the Optional Group Life Insurance through payroll deduction.

(iii) Employees on the payroll effective date of ratification will be enrolled automatically for the Optional Group Life Insurance, unless the Board receives a signed denial form from the employee.

(iv) An employee hired after date of ratification must, in writing, subscribe and authorize payroll deduction for the Optional Group Life Insurance in order to be covered under the Optional Group Life Insurance Plan.

(v) An employee on leave of absence must, in writing, subscribe for and authorize payroll deduction for Optional Group Life Insurance within thirty-one (31) days of return to employment in order to be covered under the Optional Group Life Insurance Plan.

(vi) An employee not subscribing for the Optional Group Life Insurance within the time limits of (iii) and (v) above may apply for coverage at a later date by making written application authorizing appropriate payroll deduction and providing evidence of insurability satisfactory to the Insurance Company. The Optional Group Life Insurance will be effective on the first day of the month following approval of the evidence of insurability by the carrier.

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17.03 (a)

(vii) An employee may decide in writing at any time to cancel Optional Group Life Insurance. Such cancellation will be effective on the first day of the month following receipt by the Board of the request for cancellation.

(viii) An employee must be actively at work on the effective date of the employee's Optional Group Life Insurance. If an employee is not actively at work on the effective date, Optional Group Life Insurance will commence on the date the employee returns to work on a regular basis.

Basic Dental Plan (covered services - Basic Services, Endodontics and Periodontal) based on the current ODA fee schedule minus one year shall be provided for all bargaining unit employees. The Board shall contribute 100% of the premium cost for an employee regularly employed for more than twenty (20) hours per week. The Board's premium contribution for an employee who works twenty (20) hours per week or less shall be prorated in the same proportion that the regular hours of work bears to a full-time schedule (see Appendix "A" regarding hours of work), with the employee contributing the remainder through payroll deduction. The plan shall reimburse a claimant 100% of the cost of the insured services of Basic Services and 75% of the cost of the insured services for Endodontics and Periodontal. Newly hired employees shall be enrolled in the Plan effective the first of the month following completion of their probationary period. Recalls and basic check-ups shall be every nine (9) months.

An employee who does not wish to be enrolled under the Plan shall sign a Waiver Form to be provided by the Board. An employee who waives dental coverage shall be permitted to enroll for coverage at a later date during the lifetime of the Agreement only during a thirty (30) day open enrollment period on the anniversary date of the policy.

(b) Major Restorative - The Board shall contribute fifty per cent (50%) of the premium cost for an employee regularly employed for more than twenty (20) hours per week. The Board's premium contribution will be prorated accordingly for an employee working less than twenty (20) hours per week. The plan will reimburse a claimant 75% of the cost of the insured services (based on the current ODA fee schedule minus one year) with benefits limited to $2,000. per person per year. The member shall pay the remainder of the premium cost through payroll deduction.

(c) Orthodontics - The Board shall contribute fifty per cent (50%) of the premium cost for an employee regularly employed for more than twenty (20) hours per week. The Board's premium contribution will be prorated accordingly for an employee working less than twenty (20) hours per week. The plan will reimburse a claimant 50% of the insured services (based on the current ODA fee schedule minus one year) with benefits limited to a lifetime maximum of $2,000. per person.

17.04 (a) An employee on a leave of absence without pay granted by the Board may continue employee benefit coverages under Article 16.01 during the period of leave by paying the full cost of the premium in advance by submitting monthly post-dated cheques; otherwise employee benefit coverages will be cancelled for the duration of the leave.

(b) If an employee is absent due to illness or disability and off the active payroll in excess of six (6) months, then the employee shall be responsible for paying in advance the full cost of any premium by submitting monthly post-dated cheques for coverage under Semi-Private Hospital Care, Extended Health, Group Life Insurance and Dental.

17.05 The E.I. Rebate shall, as in the past, accrue to the credit of the Board and shall be used to offset the cost of providing the benefits described in Article 16.

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17.06 (a) An employee who has attained at least the age of 55 and retires before the compulsory retiring age shall have the option of retaining coverage at the employee's own cost under the Dental, Semi-Private Hospital Care, and Extended Health Plans under the following conditions:

(i) The employee must elect to retain coverage within thirty-one (31) days of retirement date; otherwise coverage shall be cancelled.

(ii) If the employee withdraws from coverage at any time prior to age sixty-five (65), the employee shall be ineligible to re-enroll in coverage.

(iii) Coverage shall remain in effect until age sixty-five (65) if the employee so elects. The employee shall pay to the Board in advance by submitting monthly post-dated cheques the full annual premium cost of the coverage; otherwise the coverage shall be cancelled.

(iv) The benefits under the Extended Health Plan for a retiree shall be limited to $10,000 during the entire period of the member's coverage.

(b) Effective first of the month following date of ratification, a member who has attained at least the age of fifty-five (55) and retires shall have the option of retaining a $30,000 life insurance policy until the age of sixty-five (65) (disability coverage not included). Such election must be made on or prior to retirement date. The member who so elects shall pay the full amount of the premium, annually, in advance, by submitting monthly post-dated cheques otherwise her/his coverage shall be cancelled.

(c) All employees retiring on and after January 1, 2002, will be provided with the Retiree benefit Package as outlined in 17.06 above however, the premium rates will be determined by the overall rate experience for this retiree group.

17.07 Long Term Disability

The Board shall make payroll deductions for all current employees who have elected at their own expense to contribute for the premium cost of long Term Disability insurance coverage arranged by the Union. It shall be a condition of employment that all new employees will become and remain members of the long term disability plan. The Board will continue its practice of providing C.O.P.E., Local 527 with staffing information, which will affect an employee's eligibility for L.T.D. It is agreed that the Board's sole responsibility under the plan is to provide for payroll deductions and to record and remit such payments to the administrator of the plan as specified by the Union.

17.08 (a)

(b)

The Board shall provide the Union with a copy of each master policy which covers the benefit plans outlined in Article 17.

The Board shall, upon employee request, make available an information package covering the benefits plan in this Article.

ARTICLE L 18.0 - LEAVES OF ABSENCE

18.01 (a)

(b)

Upon written request of an employee, the Board will consider and may grant a personal leave of absence without pay or loss of seniority for a period up to one ( 1) year and such request shall not be unreasonably withheld. An employee who commences a leave of absence shall not lose seniority but will not accumulate seniority for the period of the leave.

A request for a personal leave of absence must be received by the Board not less than five (5) weeks prior to the commencement of the leave. The Board shall notify the employee within two (2) weeks of receiving the request as to whether the leave has been granted.

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c) In exceptional circumstances, a written request may be received by the Human Resources Officer within five (5) weeks prior to the commencement of the leave requested. The Board shall notify the employee within five (5) working days of receiving the request as to whether the leave has been granted.

18.02 Upon request, the Board may consider extending a personal leave of absence without pay for a period up to an additional one (1) year. Such request must be received by the Board in writing not less than four (4) weeks prior to the end of the original leave. Such request shall not be unreasonably withheld. An employee who commences a leave of absence shall not lose seniority but will not accumulate seniority for the period of the leave.

18.03 Before commencing a personal leave of absence, an employee may continue benefit coverages under Article 17.01 (a) during the period of leave by paying the full cost of any premiums in advance, by submitting monthly post-dated cheques, otherwise the benefit coverages will be cancelled.

18.04 (a)

(b)

For leaves of absence which commence and end within the school calendar year, upon return to work the Board shall reinstate an employee to their former position, if their former position exists, or into a comparable position.

The Board will assign a temporary educational assistant to replace a probationary/permanent educational assistant who is approved for an unpaid leave of absence that does not extend beyond the end of the current school year to a maximum of one school year. If the probationary/permanent educational assistant is approved for additional unpaid leave beyond the maximum of one school year identified above, the position will be considered vacant. Upon return to work, the educational assistant will be considered a system responsibility and assigned by Human Resources to an available vacancy for which they are qualified and capable of performing the duties.

ARTICLE L 19.0 - PREGNANCY AND PARENTAL LEAVE

19.01 Statutory Pregnancy and Parental Leave shall be granted in accordance with the following provisions:

(a) Upon application, in writing, an employee who is pregnant and who is employed by the Board immediately preceding the estimated day of the delivery, shall be entitled to a leave of absence without pay of at least seventeen (17) weeks.

(b) The Board shall not terminate the employment of or lay off any employee who is granted a leave of absence under this clause.

(c)

(d)

(i)

(ii)

(i)

An employee may begin a pregnancy leave no earlier than seventeen (17) weeks before the expected birth date. The employee shall give the Board at least two (2) weeks written notice of the day upon which the leave of absence is to commence. The Board shall be furnished with the certificate of a legally qualified medical practitioner stating the expected birth date.

An employee who suffers a pregnancy related illness prior to the period of statutory leave and who furnishes the Board with a certificate from a legally qualified medical practitioner shall qualify for sick leave during the illness. The employee will not be required to use pregnancy leave unless the employee so elects.

(ii) In the case of an employee who elects to stop working because of complications caused by pregnancy or stops working because of birth, still-birth or miscarriage that

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happens earlier than the employee expected to give birth, subsection (c) (ii) will not apply. The procedure will be as indicated in (e) which follows.

(e) Within two (2) weeks of stopping work an employee described in sub-section (d) above must give the Board:

(i) written notice of the date the pregnancy leave began or is to begin; and (ii) a certificate from a legally qualified medical practitioner stating that:

(1) in the case of an employee who stops working because of complications caused by the pregnancy, states the employee is unable to perform the employee's duties because of complications caused by the pregnancy and states the expected birth date, or

(2) in any other case, states the date of birth, still-birth or miscarriage and the date the employee was expected to give birth.

(f) The pregnancy leave ends the later of: - six (6) weeks after birth, still-birth or miscarriage

- seventeen (17) weeks after the leave began OR

- at an earlier date if the employee gives the Board four (4) weeks written notice of the date.

(g) An employee who intends to resume employment on the expiration of a statutory pregnancy leave of absence shall so advise the Board. Upon return to work the Board shall reinstate the employee to the position the employee most recently held. Reinstatement shall be without loss of seniority or benefits.

(h) The Board shall continue to contribute its share towards the premium cost of the employee's benefits - Semi-Private Hospital Care, Extended Health, Dental and Group Life Insurance during the period of statutory pregnancy leave up to a maximum of seventeen (17) weeks unless the employee gives the Board written notice that the employee does not intend to pay the employee's contributions.

(i) An employee granted a statutory pregnancy leave of absence on and after the ratification date of this Agreement shall be compensated by the Board under an E.1. approved supplementary benefit plan, provided the employee:

(1) is eligible for pregnancy leave benefits under E.I. (2) makes a claim to the Board on a form to be provided indicating the weekly amount

payable by E. I.

No supplementary benefit will be paid under this plan for any week, which falls outside the employee's normal employment period (i.e. July and August of ten (10) month employment). This plan shall be subject to approval of E.I. Refer to Appendix "D" for details of the E.I. Sub. Plan.

19.02 Pregnancy Leave Benefits

Definitions

a. "casual employee" means,

i. a casual employee within the meaning of the local collective agreement,

ii. if clause (i) does not apply, an employee who is a casual employee as agreed upon by the board and the bargaining agent, or

iii. if clauses (i) and (ii) do not apply, an employee who is not regularly scheduled to work

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b. "term assignment" means, in relation to an employee,

i. a term assignment within the meaning of the local collective agreement, or

ii. where no such definition exists, a term assignment will be defined as twelve (12) days of continuous employment in one assignment

Common Central Provisions

a. Permanent employees and employees in term assignments who are eligible for pregnancy leave pursuant to the Employment Standards Act, shall receive a SEB plan to top up their E.I. Benefits. An Employee who is eligible for such leave shall receive the equivalent of 100% of salary as set out below, 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.

b. SEB payments are available only to supplement E.1. benefits during the absence period as specified in this plan.

c. The Employee must provide the Board with proof that she has applied for and is in receipt of employment insurance benefits in accordance with the Employment Insurance Act, as amended, before SEB is payable.

d. Permanent employees and employees in term assignments not eligible for a SEB plan as a result of failing to qualify for Employment Insurance will be eligible to receive 100% of salary from the employer for a total of eight (8) weeks with no deduction from sick leave or STLDP.

e. Where any part of the eight (8) weeks falls during the period of time that is not eligible for pay (i.e. summer, March Break, etc.), the full eight (8) weeks of top up shall continue to be paid.

f. 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.

g. Employees in term assignments shall be eligible for the SEB as described herein for a maximum of eight (8) weeks or the remaining number of weeks in their current assignment, whichever is less.

h. If an employee begins pregnancy leave while on approved leave from the employer, the above maternity benefits provisions apply.

i. The start date for the payment of the pregnancy benefits shall be the earlier of the due date or the birth of the child.

j. 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.

k. Casual employees have no entitlement to the benef[ts outlined in this article. I. 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;

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Statutory Parental Leave

19.03 (a)

(b)

(c)

(d)

(e)

(f)

(g)

For the purposes of this clause and Appendix "D", parent shall be defined as one of the following: (i) natural father or mother

(ii) adoptive father or mother (iii) any person in a relationship of some permanence with the parent of a child.

Upon application in writing, an employee of the Board who is a parent of a child is granted a leave of absence without pay following:

(i) the birth of the child; (ii) the coming of the child into custody, care and control of a parent for the first time.

The Board shall not terminate the employment of or lay off any employee who is granted a leave of absence under this clause.

The parental leave of an employee who takes a pregnancy leave must begin when the pregnancy leave ends unless the child has not yet come into custody, care and control of the parent for the first time.

For persons not covered under clause (d) Parental Leave which began January 1, 2001 and thereafter may begin no more than fifty-two (52) weeks after the day the child is born or comes into the custody, care and control of a parent for the first time.

The employee shall give the Board at least two (2) weeks written notice of the date the leave is to begin.

If an employee wishes to change the date when a Parental Leave is scheduled to begin they must give written notice:

(i) two (2) weeks before the starting date if the leave is to begin sooner than indicated; or

(ii) two (2) weeks before the leave was to start if the leave is to begin later than indicated.

(h) If a child comes into the custody, care and control of a parent earlier than expected, the leave begins immediately and the parent must notify the Board within two (2) weeks of the date.

(i) The Parental Leave ends:

(1) thirty-five (35) weeks after it begins if the employee also took a pregnancy leave, or thirty-seven (37) weeks after it begins if they did not take a pregnancy leave; or

(2) At an earlier date if the employee gives the Board at least four (4) weeks written notice before the earlier date; or

(3) At a later date if the employee gives the Board at least four (4) weeks written notice before the date the leave was to end.

U) An employee who intends to resume employment on the expiration of a statutory parental leave of absence shall so advise the Board. Upon return to work the Board shall reinstate the employee to the position the employee most recently held. Reinstatement shall be without loss of seniority or benefits.

(k) The Board shall continue to contribute its share towards the premium cost of the members employee's benefits - Semi-Private Hospital Care, Extended Health, Dental and Group Life Insurance during the period of statutory Parental Leave up to a maximum of thirty-five (35)

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or thirty-seven (37) weeks as outlined in 18.02 (i) unless the employee gives the Board written notice that the employee does not intend to pay the employee's contributions.

(I) An employee granted a statutory parental leave of absence on or after the ratification date of this Agreement shall be compensated by the Board under an approved supplementary benefit plan, provided the employee:

(i) has not already received payment during pregnancy leave, (ii) is eligible for pregnancy leave benefits under E.I. (iii) makes a claim to the Board on a form to be provided indicating the weekly amount

payable by E.I.

No supplementary benefit will be paid under this plan for any week which falls outside the employee's normal employment period (i.e. July and August of ten (10) month employment). This plan shall be subject to approval of E.I. Refer to Appendix "D" for details of the E.I. Sub. Plan.

Extended Parental Leave

19.04 (a)

(b)

(c)

The Board shall grant an extension to an employee who applies for an extended Parental leave of absence, without pay or loss of seniority, up to a maximum of one (1) year. An employee who commences a leave of absence after date of ratification shall not lose seniority but will not accumulate seniority for the period of the leave. Such request must be submitted in writing to the Board at least four (4) weeks prior to the scheduled end of the parental leave, indicating the start and end dates of the extended parental leave.

An employee who has been granted an extended parental leave may continue benefit coverages under Article 16.04 (a) during the period of leave by paying the full cost of any premiums in advance, by submitting monthly post-dated cheques, otherwise the benefit coverage will be cancelled.

An employee who has been granted an extended parental leave of absence following the statutory period of pregnancy and parental leave shall have vacation entitlement prorated, to the commencement of the extended parental leave, according to the amount of time the employee was off the active payroll during the vacation year.

19.05 Upon an employee's return to work from an extended parental leave the Board shall reinstate the employee to a comparable position.

19.06 Where an employee takes a Statutory Pregnancy Leave of absence in accordance with the terms of Article 18.01 hereof, and returns to work within the time specified for the end of that leave, the employee's entitlement to vacation pay shall not be reduced as a result of such leave.

ARTICLE L20.0 - Short Term Leaves of Absence

20.01 Bereavement Leave

(a) For absence occasioned by the death of a spouse, son, daughter, mother, father, of the employee or the employee's spouse, leave shall be granted without loss of salary or deduction from the Sick Leave Credit Account for a period not exceeding four (4) consecutive working days. Notwithstanding the note below, if the day of burial is not within the allotted consecutive days, then one (1) of the allotted days may be applied at a future time on the day of burial. The absence on the day of death is not included in the calculation of the leave. One (1) additional day may be granted at the discretion of the Director or designate where extended travel is required.

(b) For absence occasioned by the death of other relatives of the employee or of the employee's spouse's immediate family, leave shall be granted without loss of salary or

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deduction from the Sick Leave Credit Account for a period not exceeding three (3) consecutive working days. Notwithstanding the note below, if the day of burial is not within the allotted consecutive days, then one ( 1) of the allotted days may be applied at a future time on the day of burial. The absence on the day of death is not included in the calculation of the leave. One (1) additional day may be granted at the discretion of the Director or designate where extended travel is required.

(c) For absence occasioned by the death of a close friend, leave shall be granted without loss of salary or deduction from the Sick Leave Credit Account for a period not exceeding one (1) day for the purpose of attending the funeral.

Note: It is understood that the bereavement leave shall begin within seven (7) calendar days following the day of death.

20.02 Paternal Leave

For absence occasioned by the birth or adoption of a son or daughter, the Board shall grant, upon written request, a leave of absence for a period not exceeding two (2) days. This leave shall be granted on the following days: the day of birth, the day of hospital release, or when the child comes into the care and custody of the parents. This leave shall not be deducted from the employee's sick leave credit account.

20.03 Jury and Witness Duty

(a) An employee shall be allowed a leave of absence without loss of pay, benefits, or seniority if absent for the purpose of Jury service, or subpoenaed as a witness in any court proceedings to which the employee is not a party, nor charged with an offence, providing the employee pays to the Board any fee, exclusive of traveling allowances and living expenses, received as a juror or as a witness.

(b) Notwithstanding 20.03 (a) above, where an employee is charged with an offence under the Highway Traffic Act, Liquor Control Act or Criminal Code of Canada and is required to appear in court and is acquitted of said charge, then salary for the work time involved while appearing in court will not be deducted.

20.04 Religious Holy Days

Leave shall be granted with pay and without deduction of sick leave credits for recognized religious holy days.

ARTICLE L21.0 -ABSENCE DUE TO ILLNESS AND DISABILITY

21.01 The Board may, at its discretion, request a medical certificate from a qualified physician or licentiate of dental surgery to cover an employee's absence from work through illness or injury for a period of five (5) consecutive days or less.

21.02 An employee who returns to work within two (2) years of the date the employee ceased to work because of illness or disability shall, be reassigned to the employee's former position, if it still exists, or to a comparable position if it does not, no later than September 1st following the employee's return to work providing the employee is capable of performing the duties.

21.03 If an employee fails to return to work within two (2) years, the Board may declare the position vacant. If an employee is able to return to work after the position has been declared vacant, the employee shall be offered the first available vacancy at the employee's classification level or below providing the employee is qualified and capable of performing the duties of the position. If the employee refuses the offer, the Board shall have no further obligation to the employee under this Agreement.

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ARTICLE L22.0 - GRIEVANCE PROCEDURE

22.01 "Working Day" means a day other than Saturday, Sunday, a recognized Holiday or a day falling within the school recess periods.

22.02 The parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible.

The term "grievance" shall mean a difference arising from the interpretation, application, administration, or alleged violation of the Agreement.

An employee with a complaint or grievance shall first discuss the matter with the employee's immediate supervisor within ten (10) working days of the occurrence giving rise to the complaint or grievance. If the complaint or grievance is not then satisfactorily adjusted within ten (10) working days, the grievance procedure outlined below will be followed by the Union:

STEP 1 The grievance shall be submitted in writing to the Labour Relations Officer within ten (10) working days of the reply of the immediate supervisor. The grievance will specify the article(s) allegedly violated and the remedy sought. The Labour Relations Officer shall inform the Union as to the name of the official designated to hear the grievance within ten (10) working days. The designated official shall deliver his/her decision in writing within ten (10) working days following the date of the hearing. If a settlement satisfactory to the griever is not reached, the Union may within ten (10) working days following receipt of the decision of the designated official, but not thereafter, deliver or mail to the Labour Relations Officer a written request for a meeting at Step No. 2.

STEP 2 A meeting will be held within ten (10) working days between the griever together with the Grievance Committee and the Director or designate. A staff representative of the Union may be present at this meeting. The Director or designate shall deliver the decision in writing to the Chairperson of the Grievance Committee within ten (10) working days of such meeting.

STEP 3 If a settlement is not reached at Step No. 2, the Union may refer the grievance to arbitration as hereinafter provided. The notice for arbitration must be made in writing by the Union within fifteen (15) working days after receipt of the decision of the Director or designate.

The time limits in Article 22, 23, and 24 shall be observed by both parties hereto except where an extension or limitation of such time limits is mutually agreed upon.

All decisions arrived at between the Board and the Union with respect to any grievance, shall be final and binding upon the Board and the Union and the employee or employees concerned.

Nothing in this article precludes the parties from mutually agreeing to grievance mediation during any stage of the grievance procedure. The Agreement shall be made in writing and stipulate the name of the person and time line for grievance mediation to occur. The fees and charges of the mediation officer shall be borne equally by the parties.

ARTICLE L23.0 - UNION POLICY GRIEVANCE, BOARD GRIEVANCE, GROUP GRIEVANCE

23.01 Union Policy Grievance

A Union policy grievance may be submitted to the Board in writing by being delivered or mailed by registered letter to the Manager, Employee and Labour Relations within ten (10) working days of the occurrence giving rise to the grievance. A meeting between the Director or designate and the Union Grievance Committee shall be held within ten (10) working days of the presentation of the written grievance as aforesaid and shall take place within the framework of Step No. 2 of Article 22.02. A staff representative of the Union may be present at this meeting. The Board shall give its written decision within ten (10) working days of such meeting.

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If the decision is not satisfactory to the Union, the grievance may be submitted to arbitration within fifteen (15) working days of the Union's receipt of such written decision and the arbitration sections of this Agreement shall be followed.

This provision is intended to allow the Union to submit a Union Policy Grievance involving interpretation or alleged violation of the agreement, which affects the Union as such, the employees as a whole or a substantial number of employees. A Union Policy Grievance shall not be used as a substitute for a personal or individual grievance.

23.02 Board Grievance

A Board Grievance may be submitted to the Union in writing within ten (10) working days of the occurrence giving rise to the grievance. A meeting between the Union Grievance Committee and the Board representatives shall be held within ten (10) working days of the presentation of the written grievance and shall take place within the framework of Step No. 2 of Article 22.02. A staff representative of the Union may be present at this meeting. The Union shall give its written decision within ten (10) working days of such meeting.

If the Union's decision is not satisfactory to the Board, the grievance may be submitted to arbitration within fifteen ( 15) days of the Board's receipt of such written decision and the arbitration sections of this Agreement shall be followed.

23.03 Group Grievance A Group Grievance shall be one arising out of the same set of circumstances or the same management decision and shall be signed by all grieving employees in the group and shall be processed through Article 22.02, commencing at Step No. 1. If a group grievance is signed by more than three (3) grieving employees, then it shall be processed as a Union Policy Grievance under Article 23.01.

ARTICLE L24.0 - ARBITRATION

24.01 Both parties to this Agreement agree that any dispute or grievance concerning the interpretation, application, administration or alleged violation of this Agreement which has been properly carried through all the steps of the grievance procedure outlined in Articles 22 and 23 and which has not been settled, will be referred to arbitration at the request of either of the parties hereto. The party making the request shall include the names of three (3) Arbitrators for consideration.

24.02 The Board of Arbitration will be composed of one person appointed by the Board, one person appointed by the Union, and a third person to act as chairperson chosen by the other two members of the Board of Arbitration.

24.03 Within ten (10) working days of the request by either party for a Board of Arbitration, each party shall notify the other of the name of its appointee.

24.04 Should the nominees of the parties fail to agree on a third person within five (5) working days of the notification mentioned in Article 24.03 above, the Ontario Ministry of Labour will be asked to appoint a chairperson.

24.05 The Board of Arbitration shall hear and determine the matter and shall issue a decision, which shall be final and binding upon the parties and upon any employee affected by it. The decision of the majority shall be the decision of the Board of Arbitration, but if there is no majority decision, the decision of the chairperson shall govern.

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24.06 The Board of Arbitration shall not have any power to add to, to delete from, or modify the provisions of this Agreement or to substitute any new provisions of any existing provision, nor to give any decision inconsistent with the terms and provisions of this Agreement.

24.07 Each party hereto shall bear its own costs of, and incidental to, any such arbitration proceedings. The fees and charges of the chairperson of the Board of Arbitration shall be borne equally by the parties hereto.

24.08 The parties may agree on the appointment of a single arbitrator who shall have the same powers and be subject to the same limitations as an arbitration board.

ARTICLE L25.0 - TRAVEL ALLOWANCE

25.01 Employees traveling on authorized Board business will be appropriately reimbursed as per applicable Board Policy. Effective September 1, 2004, travel claims are not applicable if the travel is a result of multiple work locations at the request or application of the employee. Effective September 1, 2004 employees who as a result of being declared surplus are assigned duties by the Board at two or more locations in the course of a single working day will be appropriately reimbursed.

ARTICLE L26.0 - HEAL TH & SAFETY

26.01 The Board agrees to provide safe and healthful conditions of work for its employees and to carry out all of its duties and obligations under the Occupational Health & Safety Act and its Regulations.

26.02 The Union agrees to assist the Board in maintaining proper observation of occupational health and safety rules.

26.03 The Board and the Union agree that the Terms of Reference, which set out the guidelines for the structure, and functions of the Board Joint Health and Safety Committee shall be attached to the Collective Agreement for information.

26.04 The Board shall provide a Non-Violent Crisis Intervention Course annually for all employees.

26.05 The Board shall provide appropriate training (eg. CCAC nurse, manufacturer of the equipment) for all employees who are required to operate equipment associated and/or necessary to perform their job related duties (such as Stander, Hoyer lift and Stair Climbers) properly and safely prior to operating such equipment.

26.06 A letter will be issued by the Board to ensure that Operating Procedures SP9 and 10 included in the Blood Borne Pathogens Policy 7 .10 are appropriately implemented in each school.

ARTICLE L27.0 - JOB CLASSIFICATION AND RECLASSIFICATION

27.01 The Job Evaluation Plan dated April, 2001 shall be used in the classification of new positions created by the Board and to re-evaluate positions where skills, effort, responsibilities and/or working conditions have changed.

27.02 (a) When the Board creates a new position, the Board shall:

(i) establish the salary grade using the Job Evaluation Plan (ii) provide the Union with the new job description (iii) advise the Union of the assigned salary grade

NOTE: Within one (1) year of the Board creating a new position either party may initiate a review of the new position by referring the position in question to the Job Evaluation Committee outlined in clause 27.02 (b).

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(b) If the Board changes the skills, effort, responsibilities or working conditions of a position the parties shall:

(i) establish a Joint Job Evaluation Committee consisting of two (2) representatives of the Board and two (2) representatives of the Union, to review the job description, collect the job data through the use of the Position Description Questionnaire (PDQ), interview the incumbent(s) presently holding the position and determine if a change in salary is required. Decisions of the Job Evaluation Committee shall be reached through consensus.

(ii) the incumbent will submit a written request to the Union for evaluation of a position, identifying all significant changes in the position since the previous evaluation. Upon approval of the Union, a revised PDQ will be submitted to Human Resources.

(iii) submission for re-evaluation will be submitted to Human Resources prior to December 31 in any year.

(iv) evaluation will take place prior to March 1 in any year.

(v) positions will not be re-evaluated for salary purposes within two (2) years of the last evaluation made by the Job Evaluation Committee. Positions may be brought forward at an earlier date if the Board has undertaken restructuring which would alter the skill, effort, responsibilities or working conditions of the job.

27.03 Within ten (10) working days of the Job Evaluation Committee making a decision regarding the position referred to it, Human Resources shall inform, in writing, the Union and the employee(s) of the results.

27.04 Any changes in salary grade as a result of re-evaluation will be effective the first day of the month following the evaluation. An employee who suffers a decrease in salary level as a result of Job Evaluation, shall receive the maximum salary for the lower classification.

ARTICLE L 28.0 - BULLETIN BOARDS

28.01 The Union may use bulletin boards which are already in schools and are visible to post notices of interest, provided however, that such notices pertain only to recreational or social activities, notices of Union meetings - or notices of the results of Union elections.

ARTICLE L29.0 - ACCESS TO INFORMATION

29.01 An employee shall have access to examine the employee's personnel file upon prior arrangement with the Human Resources Department. An employee shall also have access to examine their employee evaluation files upon prior arrangement with the Principal. Upon request an employee shall receive a copy of material contained in such files. The employee shall have the right to contest in writing the accuracy of such information and have this recorded in the employee's file.

ARTICLE L30.0 - TRANSPORTING STUDENTS

30.01 Employees shall not be required to transport students in any vehicle where they are the driver. Employees may offer or agree to transport students in accordance with applicable Board policies.

ARTICLE L31.0 - TEMPORARY EDUCATIONAL ASSIST ANTS

31.01 A temporary education assistant shall be removed from the Temporary list if he/she does not work a minimum of twenty (20) Instructional days by January 31 s and a minimum total of forty (40) Instructional days withil a school year,.

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31.02 Temporary educational assistants are required to list their availability for short-term and long-term temporary assignments on the annual reactivation form. Temporary educational assistants are responsible to report any changes in their availability to Human Resources.

31.03 When staffing long term temporary assignments that are known in advance, eg. maternity leaves, temporary educational assistants will have the opportunity to respond as follows:

(a) If contacted by Human Resources in the morning, they must respond by 4:00 p.m. of the same day or forfeit the long term temporary assignment;

(b) If contacted by Human Resources in the afternoon, they must respond by 9:00 a.m. the following day or forfeit the long term temporary assignment.

31.04 When staffing emergency long term temporary assignments, Human Resources will staff the assignment in the most convenient manner.

31.05 Under no circumstance can a temporary education assistant cancel an assignment to accept another assignment without providing 24 hours' notice unless release Is negotiated and agreed upon by both principals due to an unexpected circumstance.

ARTICLE L32.0 - TERM OF THE AGREEMENT

32.01 This Agreement shall remain in force from September 1, 2014 until August 31, 2017 in accordance with the School Boards Collective Bargaining Act, 2014 and the Labour Relations Act, 1995.

Dated at Hamilton, Ontario this day of [month], 2016.

ON BEHALF OF C.O.P.E., LOCAL 527 ON BEHALF OF THE BOARD

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·~ r-. . >j*~'-"·»-~ -~··~~~~~'~

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APPENDIX "A"

PART A-WAGE RATES

(a) When an overpayment of compensation occurs, the Board shall have six (6) months to notify the employee. A repayment schedule through payroll deduction shall not exceed thirteen (13) pay periods with a minimum deduction of not less than fifty ($50) dollars per pay. If an employee separates from Board service before an overpayment is fully repaid, any amount remaining due to the Board shall be deducted from the final paycheque.

(b) Wage Rates for Educational Assistant will be as follows:

Minimum 1 Year 2 Years 3 Years Hours I week 01-Sept-16 1% 23.06 23.34 23.87 24.21 35 hrs 01-Feb-17 0.5% 23.18 23.46 23.99 24.33

(c) The Communications Disorder Assistant and the Developmental Specialist shall be paid as follows:

PARTB

01-Sept-16 1 % 28.86 01-Feb-17 0.5% 29.00

Section 1 -ANNIVERSARY DATES AND INCREMENTS

A. Anniversary Dates

Hours I week 35 hrs

The anniversary date for an employee shall be calculated from the first day of the month coinciding with or next following the last date of appointment to the probationary staff.

B. Increment Dates

(a) An employee not at the maximum salary of the employee's classification level shall advance on the salary grid by means of an annual increment effective on the anniversary date.

(b) If an employee is off the active payroll in excess of four (4) months during the anniversary period, for reasons other than statutory maternal leave of absence, the eligible date for increment purposes shall be extended by the period proportionate to the inactive service during the anniversary period. In calculating the number of months an employee is off the active payroll, the months of July and August will be excluded from the calculation.

Section 2 - SALARY ON PROMOTION

(a) Where an employee is promoted to a position classified at a higher salary level, the employee shall be placed at the same salary step in the higher classification.

(b) The anniversary date of an employee, promoted to a position classified at a higher salary level, shall not change as a result of the promotion.

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Section 3 - SALARY ON DEMOTION

An employee demoted to a position classified at a lower salary level shall receive either the employee's existing salary or the maximum salary for the lower classification, whichever is the lesser.

Section 4 - SALARY ON DISPLACEMENT

An employee, who is transferred to a position at a lower classification as a result of displacement procedures, shall be paid the appropriate salary for the new classification level. An employee who suffers a decrease salary level as a result of displacement procedures, shall receive the maximum salary for the lower classification.

APPENDIX "B"

1. LEAVE WITHOUT DEDUCTION OF SALARY OR CREDIT

The following items are not chargeable to sick leave account and shall not constitute grounds for deduction of salary or allowance:

(a) Quarantine - Any employee who because of exposure of communicable disease is quarantined or otherwise prevented by the Medical Health Authorities from being present at the employee's duties.

(b) Approved school business or conventions.

PART B - WORKPLACE SAFETY AND INSURANCE BOARD

An employee injured in the course of duties with the Board, who receives partial compensation on account of earnings pursuant to the Workplace Safety and Insurance Board Act, shall be entitled to have such compensation supplemented by the Board so as to provide payment of full earnings. The amount so paid to such employee by the Board shall be divided by the per diem earnings of such employee to determine the number of days absent with pay and the same shall be deducted from such employee's sick leave credit account. In the event that an employee does not wish to have earnings supplemented by the Board as herein provided, written notice thereof, must be given to the Manager, Employee Relations of the Board within thirty (30) days after the date of the accident.

APPENDIX "C"

PENSION PLAN

1. For employees regularly employed for more than twenty (20) hours per week:

Enrollment into the O.M.E.R.S. Basic Pension Plan is mandatory. An employee's credited service will be pro-rated in accordance with normal O.M.E.R.S. Regulations.

2. For employees regularly employed for twenty (20) hours per week or less:

Enrollment into the O.M.E.R.S. Basic Pension Plan is optional consistent with the provisions of the Ontario Pension Benefits Act and OMERS.

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LETTER OF UNDERSTANDING #1 RE: LIABILITY INSURANCE

The Board provides liability insurance to its employees who are assigned duties by the Principal and/or Supervisor against claims in respect to accidents incurred by pupils while under the jurisdiction or supervision of the Board. The Insurance Act of Ontario stipulates that any valid owner's liability insurance on a vehicle shall be First Loss Insurance and any other automobile liability policy shall be excess coverage only.

LETTER OF UNDERSTANDING #2 RE: UTILITIES

In the event that utilities in the school (heat, hydro or water) are to be shut off for an extended period of time during the working day, school representatives will consult with the Manager, Employee Relations or designate, to determine whether under the conditions, work should be cancelled for the day or other arrangements made. Any other arrangements made by the Board shall not involve an extension of the regular working hours on any day (i.e. 8:30 a.m. to 4:30 p.m.) unless the regular school day for students is changed.

The Board shall exercise its discretion in a reasonable manner and the arrangements made shall not result in a loss of earnings or transfer of lost hours to another day.

LETTER OF UNDERSTANDING #3 RE: TRAVEL TIME

Human Resources Services agrees to contact the Principals of the schools to request that employees, who are required to travel to another school as part of their regular assignment, be allowed a flexible schedule. Such schedule will allow up to twenty (20) minutes travel time, which is outside of the one-half hour (1/2) lunch period.

LETTER OF UNDERSTANDING #4 RE: MEDICATION

An employee may be required by the Board to administer medication or medical procedures to a student during the course of the employee's employment. However, in no case shall an employee administer medication or medical procedures to a student without:

a) the proper written authorization to permit such administration of medication or procedures to the student having been obtained by the Board from the student's parents or guardians as well as from the student's doctor

b) completing the training or direction provided by or through the Board in regard to the administration of such medication or procedures; it is understood and agreed that training or direction in regard to invasive procedures generally will be provided through medical professionals such as nurses, occupational therapists and so on;

c) being authorized by the school Principal to administer such medication or procedures to the student.

The Board confirms it will maintain liability insurance to cover employees who administer medication or medical procedures to students in the course of carrying out duties and responsibilities of their employment in accordance with this letter of understanding.

LETTER OF UNDERSTANDING #5 RE: PROFESSIONAL DEVELOPMENT DAYS

The parties agree that members of the bargaining unit who are regularly employed will be required to work on all Professional Activity Days.

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LETTER OF UNDERSTANDING #6 RE: TRAINING

The parties recognize the importance of the efficient and effective communication to EA's of information concerning the particular needs of the students for whom they are responsible. This includes the notification of EA's in a school who have contact with any potentially assaultive student[s] and the response procedure, where necessary and as established in the school's Safe Intervention Plan

The parties agree to establish a committee comprised of 2 bargaining unit employees and the Union President and 3 non-bargaining unit employees. The committee will meet at least twice during the school year to investigate and discuss various methods and actions to accomplish i] maximizing training opportunities for EA's and; ii] ways of working collaboratively to achieve training goals and to assist in the planning and organization of training, whether scheduled for designated professional development days or otherwise.

Payment for training scheduled on a Professional Activity Day as referred to in the Letter of Agreement re: Professional Development Days will be based on attendance.

LETTER OF UNDERSTANDING #7 RE: TEMPORARY TIME-DEFINITE ASSIGNMENTS

If there is special project funding provided to the Board, any resulting positions shall be posted as per Article 12 as temporary time-definite assignments if the funding is available for the school year in the elementary panel and/or for full semesters in the secondary panel. If a temporary time-definite assignment is posted and not filled in the October 15th round of postings, it will not be necessary to re-post the same temporary time-definite assignment in the February 15th round of postings.

LETTER OF UNDERSTANDING #8 RE: PILOT PROGRAM-TRANSFER & SURPLUS

The parties agree that commencing with the 2016-2017 staffing processes, employees will be eligible to participate in a pilot program - Transfer & Surplus Process. The process will follow guidelines as established below.

The requirements of the process are as follows:

Surplus Transfer Procedure for School Based Educational Assistants

Job surplus and transfer of school based Educational Assistant positions will be carried out in accordance with the following guidelines.

Annually, no later than the last week of May, the staffing timeline notice will be sent electronically to all permanent Educational Assistants.

A. SURPLUS:

In the spring of each year, Specialized Services will finalize a list of surplus and new Educational Assistant assignments for the following school year.

Human Resource Services will inform principals of their approved Educational Assistant allotment for the upcoming school year. Where a surplus is identified, the I east senior school based Educational Assistant(s) will be declared surplus and will be required to

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complete a transfer form.

The surplus staff holding a 1.0 FTE position will be required to complete a surplus/transfer form ranking all possible positions in order of preference by location. A list of known openings will be made available at the time of surplus declaration. Where a 0.5 FTE Educational Assistant is declared surplus, they will be placed following the Surplus/Transfer process for full time staff to the equivalent FTE.

Completed forms must be forwarded to Human Resources for placement in accordance with

the staffing timelines.

Surplus staff will be placed during the transfer process in order of seniority according to

the timeline schedule.

B. TRANSFER:

The following guidelines shall apply for transfer.

The transfer process is open to all permanent staff including those employees currently in a

system position.

The form will identify the following:

I. Desired full time assignment location(s) preference in priority order for transfer effective at the start of new school year in September. It is understood that by making a selection on this form, individuals will be transferred if the preferred assignment is available and the individual is the most senior individual requesting the transfer. Where none of the Individual's preferences are available, the individual will

not be transferred.

II. Forms of the employee requesting the transfer consideration may be submitted by

email.

Ill. No additions, changes or withdrawals will be made after the deadline date.

IV. All requests for transfer in order of seniority and preference will be coordinated by Human Resource Services. Where selections are not made in order of preference, assignments will be ranked by Human Resource Services in the order that they appear on the form.

V. All permanent Educational Assistant staff will begin the new school year in the

assignment(s) they occupied in June of the previous school year unless they have been placed in another position through the transfer process.

C. Human Resource Services will staff surplus staff in order of seniority and preference through the surplus/transfer process.

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D. The process will be carried out by Human Resource Services with Union attendance and will be carried out in order of seniority and preference as identified on the surplus/transfer forms. The same process will be used to transfers ta ff to two (2) subsequent full time vacant assignments resulting from the filling of the original full time opening.

Positions remaining unfilled following the transfer process will be filled through a. the current expansion process

b. supply interview opportunities

E. Staff will be notified of their placement by Human Resource Service through email notification.

Procedure for filling vacancies after September of each year:

September Reorganization:

Where surplus is required in September, the least senior Educational Assistant will be declared

surplus by location during the September reorganization. Surplus staff will be assigned vacant

positions in order of seniority.

Following the completion of the September re-organization process, any newly created or vacant

permanent positions will be filled temporarily in the most convenient manner possible to be posted in the

February posting process.

Positions vacated as a result of the February posting round will be filled temporarily in the most convenient manner possible until the end of the school year. Additionally, the above positions shall be included in June Surplus and Transfer Process if they exist.

These placements will be filled until the end of June unless otherwise Indicated by Human Resource Services.

The Parties further agree that the above Pilot Program is specifically for the staffing processes for the 2016-2017 and 2017-2018 school years, and that the continuance of this process will be subject to review by the Parties. Any agreements reached through this process shall be reduced to writing.

In recognition of the pilot program, the parties agree that the language contained in the collective agreement that is In conflict with surplus, transfer and posting will be suspended for the duration of this contract. The parties agree to apply the terms of the Letter of Understanding in lieu of the articles specified below.

Specifically the following articles will be suspended/modified:

Suspended: Current 11.01 a), b) and c)

The following will apply during the trial period:

ARTICLE 11-SURPLUS AND REDUNDANCY -

11.01 a) "Surplus" shall be defined as an employee who has been declared s u rp I us to a school or system program and who is available for transfer.

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b) In the event of surplus and redundancy the most junior employee in a school or system program shall be declared surplus and available for transfer. Those employees identified as surplus in June will participate in the June staffing process.

c) Notwithstanding (b) above, an employee may be retained out o1 order of seniority subject to program need . Examples of program needs include intervenor, proficiency in sign language and braille.

d) The parties agree that system program references any position that is centrally deployed and not based on the schools allocation. Additionally they may be itinerant in nature and the location is subject to change.

e) The parties agree that a special class, unless identified as a system special class, is considered pa rt of the school allocation. Examples of school allocation special classes include comprehensive, MID, Developmentally Delayed, Multiple Exceptionality, Graduated Support, Gifted Etc.

Suspended: Current 12.01, 12.02 a), b), c), d), 12.03 a), b), 12.04 a), b), c), 12.05, 12.06, 12.07.

ARTICLE 12-JOB POSTINGS -

The following will apply during the trial period:

12.01 Only system positions will be filled through the job posting process. A vacancy in a system position exists when the following occurs:

resignation

retirement

demotion

a newly created position

voluntary transfer

promotion

All known System Positions for the following School Year will be posted in May prior to the school based surplus/transfer process in order to provide an opportunity for unsuccessful candidates to participate in the surplus/transfer process. Following this, in the new school year, the Board will post System Positions as they become available during the school year.

An employee who wishes to apply for a posted vacancy shall submit a written application to the Principal of Special Education or the Manager of the Division as directed by the posting.

If an employee applies for a posted position and the employee wishes to retract their application, such retraction must occur prior to the interview process or by notifying Human Resources in writing twenty-four (24) hours after their final interview has occurred.

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If an employee does not retract their application and they are successful to a posting, they will forfeit their rights to their current position.

Human Resources will contact the successful applicants in order of seniority. If an employee is successful to more than one (1) posted position, the employee must choose one of the positions at time of contact. If an employee does not select a position at time of initial contact, Human Resources will place the employee in one of the positions.

The hiring decision will be based on the qualification and ability to perform the duties of the position. If qualifications and ability are relatively equal, the Board shall select the most senior employee.

If there are no qualified and capable applicants to a posted vacancy from permanent employees, then the Board may fill the vacancy in the most convenient manner.

The posting shall show the location, the classification level and general requirements of the position known at the time of posting including the hours of work. Each position shall be posted separately and identified with a posting number.

12.02 (a) The Board shall post school based vacancies as follows: (i) On or before February 15th, for assignments to commence after the March

Break. (ii) Any other time mutually agreed by the Union and the Board.

(b) June Staffing -As per the LOU Surplus and Transfer

Employees returning from Leave of Absence will be sent a transfer form to

participate in the process.

(c) Based on the availability of permanent vacancies and following the completion

of June staffing as outlined in Article 12.02 (b), half-time probationary and

permanent educational assistants will be offered a voluntary opportunity to

increase to a full-time position for the upcoming school year by completing the

Voluntary Request to Increase Form, submitting a Skills Inventory and a list of

ten (10) preferences. Human Resources will match qualified and capable

employees to their choice in order of seniority based upon available permanent vacancies known to exist at that time. The Union will be invited to be present

to observe the placement process. This process is to be completed on or before June 3Q1h.

(d) If there are any permanent vacancies remaining following voluntary increases,

temporary educational assistants will be eligible to apply for these remaining

permanent vacancies which will be posted on the HWDSB Employee Web Portal

and COPE websites once the Voluntary Increase process is completed. Human

Resources will contact the successful applicants upon completion of the Interview process on or before July 151h.

Further, the Parties commit to meet no later than October 30, 2016 to discuss the feasibility of

offering first right of refusal to an Educational Assistant that may be affected by the relocation of a special class as outlined in Article 11.01e) above.

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LETTER OF UNDERSTANDING #9 RE: EDUCATIONAL ASSISTANTS- TRAVEL WITH STUDENTS

The Employer commits that over the term of the 2014-2017 Collective Agreement that it will not assign Educational Assistants for the purpose of supporting the travel of students on buses, or any other mode of transportation, from home to school, or from school to home.

It is understood that Educational Assistants will continue to travel on buses for school field trips, in support of students with special needs.

It is further understood that any departure from the terms of this Letter of Understanding may be processed under the grievance and arbitration procedure, as set out in the collective agreement between the parties.

The Parties agree that this letter sunsets effective August 31, 2017.

LETTER OF INTENT # 1 RE: HEAL TH AND SAFETY

At the recent collective bargaining negotiations, the parties discussed issues related to student evacuation protocols as part of health and safety guidelines and agreed to adhere to the Board's Approved Safety Fire Plan. In the event that the schools not a multi- level building, the aforementioned guidelines would apply.

LETTER OF INTENT# 2 RE: SUPERVISION

It is the Board's intent to circulate a memo in the spring of each school year prior to the creation of supervision schedules, confirming the following guidelines:

• equitable distribution of supervision

• expectation between specific student support and general supervision

LETTER OF AGREEMENT #1 RE: REPLACEMENT OF EDICATIONAL ASSISTANTS

The parties agree that there is a significant issue regarding replacement of absent Educational Assistants and as such agree to implement the following trial project from September 1, 2016 to June 31, 2017 in an attempt to alleviate the fill rates;

1. Effective September 1, 2016 once an Educational Assistant (EA) has completed fifty (50) instructional days of dally occasional supply work in the 2016/2017 school year, they will be placed on minimum step of the salary scale and will be paid this rate for any further occasional supply work for the remainder of the school year.

2. It is understood that for the purpose of this agreement an instructional day refers to either a half shift or full shift as assigned by SFX.

3. The parties will meet in May 2017 to discuss the impacts of this trial project to review if there has been a positive impact to supply fill rates.

4. It is understood that this Letter of Agreement is in place for the trial period only and will sunset on June 30, 2017 unless mutually agreed by the parties to an extension.

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HAMILTON• WENTWORTH DISTRICT SCHOOL BOARD

CENTRAL JOINT

HEALTH AND SAFETY

COMMITTEE TERMS

OF REFERENCE

ABSTRACT The Terms of Reference outlining the structure,

composition and function of HWDSB's multi

workplace joint health and safety committee.

Contents

Definitions 81

Description of the Workplaces Covered Under the Terms of Reference 81

Committee Structure 82

Central Joint Committee 82

Number and selection of worker members 82

Number and selection of management members 82

Non-Unionized Workers 83

Central Joint Committee Co-Chairs 83

Certified Members 83

Site Joint Committee Designated Workers 83

Health and Safety Representative 83

Alternate Members 84

Roles and Powers 84

Role of Occupational Health and Safety Professionals 84

Roles and Powers of Central Joint Committee Members 84

Roles and Powers of Site Joint Committees 85

Entitlements of the Central Joint Committee Members 85

Training 86

Central Joint Committee members 86

Designated Workers 86

Central Joint Committee Meetings 87

Agenda 87

Minutes 87

Attendance/Quorum 87

Decision Making 88

Recommendations 88

Dispute Resolution 89

Guests 89

Workplace Inspections 89

Central Joint Committee Inspections 89

Schedule 89

Duration 89

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Coincide With Monthly Inspections 89

Participants 90

Reporting 90

Site Joint Committee Inspections 90

Ministry of Labour Inspections 90

Health and Safety Bulletin Board 91

Accident Notification and Investigation 92

Notifying the Health and Safety Department 92

Critical Injuries 92

Refusal to Work 93

Designated Workers 93

Work Stoppage 93

Workplace Testing 93

CJHSC Evaluation/Effectiveness 94

Communications 94

Confidentiality 94

Referring issues to the Central Joint Committee 94

Reviewing Central Joint Committee Effectiveness 95

Revision/Review of Terms of Reference 95

Withdrawal of Minister's Order 95

Signature page for all worker members and Michael, Pass Rep, Principal Reps 96

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Definitions Alternate Member is someone designated by a Central Joint Committee member to attend

meetings in their stead or alternates to the designated members.

Beginning of testing implies the time at which testing begins; includes while equipment is being

set up or affixed to a worker; ensuring the process has begun; ensuring valid testing procedures

are used and conditions are representative.

Central Joint Committee is comprised of members as described herein.

Certified Member refers to a Central Joint Committee member that has successfully completed

Parts 1 and 2 through a Ministry of Labour approved provider.

Consensus denotes a general agreement amongst the parties involved.

Designated workers are worker members of the Site Joint Committee or the Health and Safety

Representative.

Employer refers to the Hamilton-Wentworth District Board of Education as a public entity.

Health and Safety Representative is selected by workers at the workplace who do not exercise

managerial functions or by the union/federation. A Health and Safety representative shall exercise

their duties as per this terms of reference and the Occupational Health and Safety Act in

workplaces where no Site Joint Committee exists.

High Risk Areas comprise: science labs and preparation rooms, design and technology

classrooms, art classrooms, boiler rooms, slop sink areas, mechanical/fan rooms, storage

rooms/areas, family studies rooms, staff rooms, self-contained classrooms, Snoezelen

rooms/calming rooms and Tier Ill classrooms.

Internal Responsibility System is a system, within an organization, where everyone has direct

responsibility for health and safety as an essential part of his or her job. It does not matter who or

where the person is in the organization, they achieve health and safety in a way that suits the kind

of work they do. Each person takes initiative on health and safety issues and works to solve

problems and make improvements on an on-going basis.

Site Joint Committee is comprised of school/facility members as described herein.

Supervisor is a person who has charge of a workplace or,authority over a worker. This includes, a

board Supervisor, Manager, Vice Principal, Principal, Superintendent, & Director of Education.

Workplace is any land, premises, location or thing at, upon, in or near which a worker works.

Description of the Workplaces Covered Under the Terms of Reference

Checklist parts 1, 2, 3, 5

These terms of reference apply to all Hamilton-Wentworth District School Board administrative

buildings, schools and leased spaces where board employees are regularly employed.

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The names and addresses of the workplaces covered by these terms are listed in Appendix A

while Appendix B shows the distance from HWDSB's Education Centre.

The unions/bargaining units and approximate number of members covered by the agreement is

listed in Appendix C.

The designated substances present in the workplaces are listed in Appendix D.

Committee Structure Central Joint Committee

Number and selection of worker members

Checklist part(s) 6

Worker members of the Central Joint Committee shall be selected by their respective

Union/Federation. The Union/Federation will notify the board of their representative(s). The

number of worker members shall be allocated as follows:

CUPE Local 4153 (3)

OSSTF Secondary Teachers (3)

OSSTF Office Clerical Technical Unit (1)

OSSTF Professional Student Services Personnel (1)

OSSTF ESL Instructors (1)

ETFO (3)

ETFO - Occasional Teachers (1)

COPE (2)

ETFO DECE (1)

Number and selection of management members

Checklist part(s) 7

Management members of the Central Joint Committee shall be selected by their respective

Employee Group. The management representative will notify the board of their selection. The

members who represent management shall be allocated as follows:

Superintendents (2)

Elementary Principal Representative (1)

Secondary Principal Representative ( 1)

PASS Representative ( 1 )

Manager of Purchasing (1)

PASS Manager (1)

Manager of Facilities (1)

Non-Unionized Workers

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Checklist part(s) 4

Non-unionized workers will be represented by the representatives from the Elementary Principal,

Secondary Principal, PASS or Superintendents Group.

Central Joint Committee Co-Chairs

Checklist part(s) 8, 9

Two (2) of the Central Joint Committee members shall Co-chair the committee, one (1) of whom

shall be selected by the members who represent workers and the other of whom shall be selected

by the members who exercise managerial functions. The Co-chairs will be appointed in September

for a one (1) year term, and will alternate the chair at meetings.

Certified Members

Checklist part(s) 10, 11, 19, 20

HWDSB shall ensure that all Worker Members of the Central Joint Committee are trained under

the certification process as per the Occupational Health and Safety Act. At least two (2)

Management Representatives shall be certified which shall include the Management Co-chair. The

certification program shall be completed within 18 months upon joining the Central Joint

Committee.

Site Joint Committee Designated Workers

Checklist part(s) 12

Each school/ administrative building shall establish a Site Joint Committee, as a sub-committee of

the Central Joint Committee.

The Site Joint Committee should consist of members from administration and one (1) member

from each bargaining unit at the workplace. Designated workers shall be selected by their

respective union/federation. Self-selected worker representatives shall be considered designated

by the union/federation.

Health and Safety Representative

If a location contains 20 or more workers, a Site Joint Committee shall be established and function

as per this terms of reference. Locations leased by the board, where 6-19 employees are regularly

employed, shall select one worker Health and Safety Representative per workplace.

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Alternate Members

Checklist part(s) 13, 19, 20, 22

At the beginning of the year, the principal/manager will solicit from the staff an alternate Site Joint

Committee member from each union/federation. If a designated worker of the Site Joint

Committee is unable to participate in the committee as outlined, the duties of that member may be

assigned to the alternate. Notice must be given to the Principal/Manager in a reasonable

timeframe.

A central joint committee member may assign an alternate to attend the Central Joint Committee

meeting in their place if the member is unable to attend two (2) or more consecutive meetings.

Notice of the alternate shall be sent to the Co-Chairs. The designated alternate shall be

experienced and/or has completed the certification process for Joint Health and Safety Committee

members outlined in the OHSA.

Roles and Powers

Role of Occupational Health and Safety Professionals


The board's Health and Safety Officer or designate shall attend meetings and act as a resource to

the committee, but shall not be considered a member of the committee.

Roles and Powers of Central Joint Committee Members

Checklist part(s) 15, 16, 19, 20, part of 41 (item b below), part of 45 (item d below)

In addition to those listed in section 9(18) of the OHSA, this committee shall function as outlined

below:

a) To ensure that education and training programs are sufficient so that all employees are

thoroughly knowledgeable in their rights, restrictions, responsibilities and duties under the

Occupational Health And Safety Act.

b) To review accident information via the Parklane 095 report.

c) To address matters related to Designated Substances a.nd WHMIS /WHMIS 2015.

d) To obtain information from management respecting:

i. An annual summary of data relating to workplace injuries, illnesses or other such data if

so provided by the WSIB.

ii. any other data pertinent to health and safety.

e) To deal with any health and safety matter within the workplace.

f) To provide the appropriate information to each Site Joint Committee.

g) Conduct workplace inspections. 84

h) Investigate critical injuries, fatalities, work refusal/work stoppages.

Roles and Powers of Site Joint Committees

Checklist part(s) 21 (item c and i below), 17/18 (item g)

Members of the Site Joint Committee shall:

a) Meet at least quarterly (October, December, March, May) to review the minutes of the Central

Joint Committee and to address all occupational health and safety matters brought to its attention

b) Keep meeting minutes on file at the site for future reference for at least a year and make them

available upon request.

c) Be designated to conduct monthly inspections.

d) Inspect all first aid boxes at least quarterly (October, December, March, and May) and maintain

adequate supplies as outlined in Regulation 1101.

e) Schedule all meetings and inspections at the beginning of the year and post the schedule on

the Health and Safety bulletin board.

f) Determine a worker member to participate in the Central Joint Committee inspection of the

workplace.

g) Attend Central Joint Committee meetings at the request of the Central Joint Committee Co

chairs.

h) Be informed regarding any emergency maintenance work that pertains to the removal or

containment of any designated substances or any other hazardous substances/materials which

may be used during the course of the work.

i) If so designated by their union/federation, investigate a work refusal/stoppage representing the

worker.

j) Review all incident reports for the school or facility.

k) Be afforded the opportunity to attend the beginning of industrial hygiene testing if so designated.

Entitlements of the Central Joint Committee Members


Whenever possible, committee meetings, inspections and other functions undertaken by the

Central and Site Joint Committee members will be scheduled during normal working hours. When

performing duties as listed in these terms of reference, Central Joint Committee worker members

shall be released from their workplace in order to fulfill their duties as prescribed. Staff shall return

to their workplace upon the completion of their prescribed duties if within normal working hours. All

absences shall be recorded under a predetermined code designated for Central Joint Health &

Safety Committee business.

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In accordance with section 8(15) of the Occupational Health and Safety Act 1990, a Central Joint

Committee worker member, who is called out to perform such legal responsibilities (work refusal,

work stoppage, critical injury, Ministry of Labour summons) outside normal working hours shall be

paid at the employee's regular or premium rate as may be proper. If there is any disagreement as

to the rate or amount of compensation, it shall be referred to the Central Joint Committee for

resolution.

Travel allowance shall be paid for attendance at Central Joint Committee meetings, work refusals,

critical injury investigations, presence at industrial hygiene testing, Ministry of Labour summons

and site inspections.

The Worker Co-Chair, or designate, shall be afforded up to a half day of release time to attend the

local "Worker's Day of Mourning" ceremony, when it falls on a week day.

Training

Central Joint Committee members

Checklist part(s) 24, 25, 27

New members to the Central Joint Committee shall be assigned an experienced, certified

member, as mentor. The mentor may accompany the new inspector on up to three (3) inspections,

which shall include one (1) secondary school.

Committee members shall have the choice of either the Public Services Health & Safety

Association or the Workers Health and Safety Centre as their provider for part one (1) certification.

All part two (2) certification training will be provided by the Public Services Health & Safety

Association and shall be sector (Education) specific. This training shall include at least 4 of the

following modules: Ergonomics, Energy, Slips, Trips and Falls, Chemical, Workplace Violence,

Machine Guarding, Fire and Explosion, Asbestos and Environmental Hazards.

Before the certification process has been completed, the lack of training will not prevent a worker

representative from participating in a workplace inspection.

All members of the Central Joint Committee may participate in one half day of Board funded

continuing health and safety education/training. Topics for continuing education will be approved

by the committee.

Designated Workers


Designated workers will be provided training through the Health and Safety Department, as

approved by the Central Joint Committee.

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Central Joint Committee Meetings


The Central Joint Committee shall meet monthly, excluding July and August. Additional meetings

or cancellations will be upon the approval of the Co-chairs.

Agenda


The Co-chairs shall draft an agenda and forward a copy to the Health and Safety Department one

(1) week in advance of the meeting. The Health and Safety Department shall distribute the final

copy of the agenda to all Central Joint Committee members two (2) days in advance of the

meeting.

Central Joint Committee members shall make every effort to submit all agenda items in writing by

4pm two working days prior to the scheduled CJHSC meeting. Site based agenda items raised at

the meeting that have not followed the Internal Responsibility System will not be accepted unless

the Co-chairs agree that it is appropriate for it to be brought forward. No item that amends, alters,

subtracts from or adds to, any terms of the prevailing collective agreements will be accepted.

All items that are resolved or not will be reported in the minutes. Unresolved items will be tabled

and placed on the agenda for the next meeting.

In the case where a union or federation has tabled an item on the agenda and is not present at the

meeting; that item shall be deferred until the next meeting.

Minutes


The Board will arrange for a secretary to finalize and distribute the agenda with attachments,

where or when available, one (1) week in advance of the meeting. The secretary will also be

responsible for having the minutes typed, circulated and filed within two (2) calendar weeks of the

meeting, or as the Central Joint Committee may from time to time instruct.

These minutes should contain a summary of all matters discussed. Minutes shall be reviewed and

approved by the Co-chairs prior to distribution. Copies should be circulated to all committee

members, Site Joint Committees and a copy forwarded to Executive Council.

A copy of the minutes will be retained for a minimum of 5 years.

Attendance/Quorum

Checklist part(s) 17/18, 31

In order to conduct business, the Central Joint Committee shall maintain a quorum of fifty per cent

(50%) of the members representing the Board and fifty per cent (50%) representing the workers

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for the entire meeting. One Co-chair must be present in order to conduct business. If a Co-chair is

absent, the other Co-chair will chair the meeting. The number of members representing the Board

shall not be greater than the numbers of members representing the workers.

When Quorum is not met, the meeting shall be rescheduled to a date within ten (10) business

days of the original meeting date.

Decision Making


All items raised from the agenda in the meetings will be dealt with on the basis of consensus

rather than by voting. Formal motions will not be utilized except for recommendations as outlined

below.

Recommendations

Checklist part( s) 32, 33, 41, 17, 18

Where an item raises policy issues, the Central Joint Committee shall recommend changes/policy

to the Board.

Recommendations of the Central Joint Committee will be sent to the Office of the Director and the

Superintendent of Education, Human Resources. The employer shall respond within twenty one

(21) days with regard to written recommendations made by the Central Joint Committee. The

written response shall indicate the employer's assessment of the Central Joint Committee's

recommendation and specify what action will, or will not (with explanations) be implemented as a

result of the recommendations. Any proposed action by the employer shall include details of who

will be responsible for such action and a proposed time frame.

Either co-chair may make a recommendation to the employer as per section 9 (19.1) of the Act.

Dispute Resolution


Where a dispute arises as to the application of the Occupational Health and Safety Act and

Regulations, or the compliance, or purported compliance therewith by the employer, the dispute

shall be decided by the Ministry of Labour after consulting the employer and the workers or trade

union or trade unions representing the workers.

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Guests


A Co-chair may, with the approval and consent of his/her counterpart, invite any additional

person(s) to attend the meeting and provide information and comment, but they shall not

participate in the regular business of the meeting.

Other board staff shall attend meetings as required by the Health and Safety Officer. The Officer

shall notify the Co-Chairs prior to the meeting.

A Ministry of Labour, Occupational Health and Safety Inspector may attend Central Joint

Committee meetings. Copies of minutes of previous meetings and/or written correspondence will

be supplied to the inspector upon request.

Workplace Inspections

Central Joint Committee Inspections

Schedule


Worker members of the Central Joint Committee shall conduct an inspection of each facility within

the district:

a) once per year for elementary schools, administrative buildings, leased locations and offsite

locations and

b) twice per year for secondary schools.

The inspections conducted by the Central Joint Committee shall be scheduled and approved by

the Central Joint Committee. The schedule shall be completed by the end of May for the following

academic year and may be adjusted by the Central Joint Committee at any time. All inspections

shall be completed by the end of May.

Duration

Small to midsized facilities should be inspected within half a day. Large facilities should be

inspected within one day. Notwithstanding the above, any inspector requiring additional release

time to complete an inspection shall contact the Health and Safety Department in advance with an

explanation for the additional time required to complete the inspection.

Coincide With Monthly Inspections

The Central Joint Committee inspection shall coincide with the monthly inspection by the Site Joint

Committee.

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Participants


Inspections shall be carried out by a worker member of the Central Joint Committee and the

PrincipalNice-Principal/Manager. A designated worker shall participate in the Central Joint

Committee inspection.

Reporting


Items noted during the inspection shall be initiated or where possible completed within thirty days

(30) days of the inspection and recorded online or a signed copy of the inspection report shall be

forwarded by the PrincipalNice-Principal/Manager to the Health and Safety Department and the

inspector from the Central Joint Committee.

Site Joint Committee Inspections


As designated workers, the Site Joint Committee shall be afforded time during their work day to:

a) conduct monthly inspections of the high risk areas within the school/facility;

b) conduct an inspection of the non-high risk areas at least twice per year (once per term in

secondary schools), with at least a part of the non-high risk areas being conducted monthly.


Monthly inspections of Board facilities shall be performed as per this Terms of Reference and SP-

19 (Workplace Inspection Procedure).

All health and safety concerns raised during the physical inspections of the workplace will be

recorded in the board designated workplace inspection program. A copy of the inspection report

will be posted prominently in the workplace, on the health and safety bulletin board, for one (1)

year or the next central joint committee inspection by the principal/manager.

Ministry of Labour Inspections


The site administrator shall inform the Health and Safety Department immediately upon the

arrival/knowledge of arrival of a Ministry of Labour Official. The Health and Safety Department

shall inform the Co-Chairs of the Central Joint Committee. The Co-Chairs may participate or

assign a worker member to participate in the inspection.

The Central Joint Committee agrees that should the worker member of the appropriate

federation/union be delayed, the Worker Co-Chair shall assign a Certified Member or designated

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workers to attend the field visit. This decision shall be made by the Worker Co-Chair in

consultation with the first worker member called. The Worker Co-chair shall notify the Health and

Safety Department.

The principal/supervisor is responsible for ensuring that a copy of all Ministry of Labour reports are

forwarded to the Health and Safety Department who will ensure the report is shared with the

Central Joint Committee and posted in the workplace.

Health and Safety Bulletin Board

It is the responsibility of the employer, with the assistance of the Site Joint Committee or Health

and Safety Representative, to create and maintain the Health and Safety Bulletin Board.

Checklist part(s) 51 (items 11, 12 below)

The following information is to be posted on the bulletin board:

1) Names and locations of the members of the Central Joint Committee;

2) Names and locations of the members of the Site Joint Committee;

3) Names and locations of qualified first aiders;

4) A copy of Regulation 1101 - First Aid;

5) A copy of the current Occupational Health and Safety Act.

6) WSIB poster "In All Cases of Injury" From 82;

7) Ministry of Labour Poster 'Health and Safety at Work-Prevention Starts Here';

8) Ministry of Labor Inspection Reports and Notice of Compliance forms;

9) HWDSB Health and Safety Policy;

10) HWDSB Workplace Violence Prevention Policy and Respectful Working and Learning

Environments Policy Directive;

11) A copy of the Terms of Reference for the Multi-Site Joint Health and Safety Committee;

12) Ministry order permitting the establishment of the Multi-Workplace Joint Health and Safety

Committee;

13) Site JHSC meeting and inspection schedule;

14) A copy of the most recent Site Joint Committee inspection report;

15) A copy of the most recent Site Joint Committee minutes;

16) A copy of the most recent Central Joint Committee meeting minutes;

17) A Copy of results of workplace testing; (if applicable)

18) WHMIS/WHMIS 2015 symbol poster;

19) The Asbestos Inventory;

20) HWDSB Fire Safety Plan;

21) Site Lockdown Procedures. 91

Leased locations shall maintain a health and safety bulletin board.

A bulletin board located in the custodial offices shall be maintained pursuant to the above criteria.

The responsibility to maintain such a bulletin board will be that of the appointed CUPE.

Accident Notification and Investigation


If a person is disabled from performing his or her usual work or requires medical attention because

of an accident, the employer will give written notice of the occurrence to the Central Joint

Committee, worker member representing the injured worker and trade union within 4 days of the

occurrence as per established board procedures.

Where advised by or on behalf of a worker that the worker has an occupational illness or that a

claim in respect of an occupational illness has been filed with the Workplace Safety and Insurance

Board by or on behalf of the worker, the employer shall give notice in writing to the committee

within four days of being so advised.

Notifying the Health and Safety Department

Principals/Managers/Supervisors shall immediately advise the Health and Safety Department of all

critical injuries, safety related work refusals and work stoppages resulting from dangerous

circumstances.

Critical Injuries

Checklist part(s) 15, 16, 19, 20, 39, 40, 41

Where a person is killed or critically injured the employer shall immediately notify an inspector, the

Central Joint Committee, worker member representing the injured worker and the union as per

established board procedures.

The certified member or designate and the supervisor will investigate critical injuries, fatalities and

emergency closures for health and safety purposes. Where applicable, the investigating team shall

be responsible for overseeing that the requirements prescribed in all relevant section 51 and 52 of

the Occupational Health and Safety Act and sections 5 and 6 of the Regulations for Industrial

Establishments are carried out.

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Refusal to Work

Checklist part(s) 15, 16, 19, 20, 42

Upon learning that a worker refuses work because they believe that they are likely to endanger

themselves or another worker, the Health and Safety Department will contact a certified member

of the refusing workers bargaining unit or designate who will be made available to initiate an

investigation. The investigation will begin forthwith as per established board procedures and as set

out in section 43 of the OHSA.

Designated Workers

Checklist part(s) 17, 18, 19, 20, 21

The Central Joint Committee agrees that should the certified member of the appropriate

federation/union be delayed, the Worker Co-Chair shall assign another Certified Member from the

Central Joint Committee or a designated workers to attend. This decision shall be made by the

Worker Co-chair in consultation with the first worker member called. The Worker Co-chair shall

notify the Health and Safety Department.

Work Stoppage

Checklist part(s) 15, 16, 19, 20, 43

Where a certified member believes that a dangerous circumstance exists in the workplace that has

not been resolved by a supervisor, the certified member will immediately contact the Health and

Safety Department who will contact a certified member of the other workplace party to initiate an

investigation in the presence of the first certified member and Health and Safety Department. The

investigation will continue as outlined in sections 45 of the OHSA.

In the event the Ontario Labour Relations Board has issued a declaration under section 46 of the

OHSA, section 47 will apply instead of the above.

Workplace Testing

Checklist part(s) 15, 16, 19, 20, 21, 44

Where industrial hygiene testing is being carried out, a certified member or designate is entitled to

attend the beginning of industrial hygiene testing. All certified members shall be notified 3 working

days prior to the commencement of industrial hygiene testing unless the testing is being

conducted for an emergency situation.

Industrial Hygiene Testing procedures and protocols shall be provided to the certified member in

attendance. R.S.O. 1990, c. 0.1 s. 11 (1) (2).

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Current equipment calibration certificates where applicable shall be on-site and made available for

inspection by the attending certified member.

All persons performing testing shall be qualified to perform the required test there is no such thing.

Credentials shall be provided if requested to the attending certified member.

Asbestos The certified member in attendance shall be permitted entry to any, and all, work areas for the

performance of their duties. Where asbestos sampling is required as a result of a Central Joint

Committee concern, that worker has the right to be present for the taking of the samples.

All workers entering enclosures for the purpose this section shall have completed a training

program which includes:

a) The hazards of asbestos exposure;

b) Personal hygiene and work practices; and

c) The use, cleaning and disposal of respirators and protective clothing as per 0. Reg. 278.05

section 19 (1).

CJHSC Evaluation/Effectiveness Checklist part(s) 41

Communications

All communications to the Central Joint Committee will, at a minimum, be done through the

designated Central Committee website.

Certified Members shall provide the Health and Safety Department with emergency contact

information in the event they need to be contacted to fulfil the obligations outlined the OHSA and

these terms.

Confidentiality


Medical and all other personal information shall be kept confidential by all Central and Site Joint

Committee members.

Referring issues to the Central Joint Committee


As per the Occupational Health and Safety Act, employees shall discuss workplace health and

safety concerns with their immediate supervisor. Supervisors shall take appropriate action to

rectify reported concern according to the severity or urgency of the concern reported. Supervisors

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shall respond to all concerns within 21 days. The supervisor will also communicate regular

updates on progress of actions to the worker who reported the concern.

Unresolved occupational health and safety concerns from a Site Joint Committee or Health and

Safety Representative that have followed the Internal Responsibility System shall be submitted to

the Central Joint Committee and the Health and Safety Department.

Reviewing Central Joint Committee Effectiveness


During the first scheduled meeting of the Central Joint Committee of each school year, a review of

the committee and member's responsibilities and confidentiality will be added as an item to the

agenda for discussion. During the June meeting a review of the committee's effectiveness will be

added as an item to the agenda.

Concerns or suggestions regarding the effectiveness of the Central Joint Committee can be

submitted at any time by a member as an agenda item for the next scheduled Central Joint

Committee meeting.

Revision/Review of Terms of Reference


This Terms of Reference will be reviewed annually in October by the Central Joint Committee.

Upon review, should any signatory party to the agreement deem it necessary that it be revised; a

revision process shall be undertaken between worker and management representatives

commencing in October and concluding by April. A signed copy of the Terms of Reference with

any new or changed sections clearly identified shall be submitted to the Ministry of Labour for

approval.

Withdrawal of Minister's Order


The Minister has the right to withdraw the agreement for a multi-workplace joint health and safety

committee without consultation with the workplace parties.

Any workplace party may request that the existing order allowing for the multi-site joint health and

safety committee be rescinded by writing to the Regional Director. The Regional Director may

contact workplace parties to discuss the rescinding of the Minister's Order.

An inspector or other ministry representative with concerns about the functioning of the multi-site

joint health and safety committee may also recommend that the Regional Director review the

Minister's Order.

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If the order allowing for the multi-workplace joint health and safety committee is withdrawn, a

committee must be established in any workplace at which twenty or more workers are regularly

employed. The existing Site Joint Committee will fill this role and any such requirements the OHSA

requires until such time that a committee can be established.


Signature page for all worker members and Michael, Pass Rep, Principal Reps

TERMS OF REFERENCE

I have read and reviewed the Term of Reference presented by the Joint Health & Safety

Committee.

I accept and approve the Terms of Reference Agreement for submission to the Ministry Of

Labour.

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Title: Pc e.:::; \ J. ~n-1

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