COLLECTIVE AGREEMENT - Ontario · iii. if clauses i. and ii. do not apply, an employee who is not regularly scheduled to work C3.5 "Term Assignment" means, in relation to an employee,

COLLECTIVE AGREEMENT

between

The Greater Essex County District School Board (hereinafter called the "Board")

and

The Essex and Kent Counties Skilled Trades Council (hereinafter called the "Union")

EFFECTIVE: September 1, 2014 to August 31, 2017

ARTICLE

C1.0

C2.0

C3.0

C4.0

C5.0

C6.0

C7.0

C8.0

C9.0

C10.0

C11.0

C12.0

Appendix

A

TABLE OF CONTENTS

TITLE PAGE

Structure of Collective Agreement ............................... .4

Length of Term/Notice To Bargain/Renewal ................ .4

Definitions .................................................................... 5

Central Labour Relations Committee ............................ 6

Central Grievance Process ........................................... 6

Work Year .................................................................... 9

Specialized Job Classes ............................................... 9

Vested Retirement Gratuity Voluntary Early Payout ..... 9

Benefits ........................................................................ 9

Statutory Leaves of Absences/SEB ............................. 1 0

Sick Leave ................................................................... 11

Attendance at Mandatory Meetings/School Events ...... 15

Retirement Gratuities ................................................... 16

=---------~====~~~~==~~~~~~~~~~~ 7

II Provincial Health and Safety Working Group ............... 43

Letter of Agreements

~---------=~~~~==~~~~~~==~~~~==~ 9 2

3

4

5

6

7

8

9

10

11

12

13

Early Childhood Educators Work Group ...................... 21

Scheduled Unpaid Leave Plan .................................... 22

Benefits ....................................................................... 23

Professional Activity Day ............................................. 31

Long Term Disability (L TO) Plan Working Group ......... 32

Sick Leave ................................................................... 33

Violence Prevention Training ....................................... 34

Employment Insurance (EI) Rebate ............................. 35

Professional Development. .......................................... 36

Children's Mental Health, Special Needs ..................... 37

Status Quo Central Items ............................................ 38

Status Quo Central Items I Modified ............................ 39

Ministry/School Board Initiatives ................................. .44

Memorandum of Settlement ........................................ 45

ESSEX and KENT COUNTIES SKILLED TRADES COUNCIL Page2

ARTICLE

L2

L3

L4

L5

L11

L12

L13

L15

L17

L18

L19

L20

L22

L23

L24

L25

L26

L27

Schedule A

TABLE OF CONTENTS

TITLE PAGE

Recognition ................................................................. 49

Jurisdiction .................................................................. 50

Management Rights .................................................... 51

Union Representatives........ .... . .. .. .. .. ... .. .... 51

Arbitration .................................................................... 55

Wages and Payment of Wages ................................... 56

Hours of Work ............................................................. 57

Pregnancy/ Adoption/Parental Leave ........................... 59

Miscellaneous Leaves ................................................. 60

Employee Benefits ...................................................... 62

Cumulative Sick Leave ................................................ 64

Travelling Allowance ................................................... 65

Uniforms ...................................................................... 65

Safety .......................................................................... 55

Contracting Out ........................................................... 66

Strikes and Lockouts ................................................... 66

Term of Agreement ..................................................... 67

Cumulative Sick Leave ................................................ 68

Letter of Understanding Menu of Services ......................................................... 71

Letter of Understanding Skilled Trades License Renewals ................................ 72

Letter of Understanding Jurisdiction .................................................................. 73


PART A- CENTRAL TERMS APPENDIX I TO OCEW MOS

C1.0 STRUCTURE AND CONTENT OF COLLECTIVE AGREEMENT (ALL JOB CLASSIFICATIONS)

C1.1 Separate Central and Local terms a) The collective agreement shall consist of Central Terms and Local Terms.

C1.2 Implementation a) 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 a) The parties to the collective agreement are the school board and the bargaining

agent.

b) 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 a) Central terms and local terms shall together constitute a single collective agreement.

C2.0 LENGTH OF TERM/NOTICE TO BARGAIN/RENEWAL (ALL JOB CLASSIFICATIONS) a) Single Collective Agreement

i. The central and local terms of this collective agreement shall constitute a single collective agreement for all purposes.

b) Term of Agreement

ii. In accordance with Section 36 and subsection 41 ( 1) of the School 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

i. 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

i. 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


i. In accordance with Section 42 of the School Boards Collective Bargaining Act, 2014, the central terms of this agreement, excepting term, may be amended at any time during the life of the agreement upon mutual consent of the central parties and agreement of the Crown.

f) Notice to Bargain

a. Where central bargaining is required under the School Boards Collective Bargaining Act, 2014, notice to bargain centrally shall be in accordance with Sections 28 and 31 of that Act, and with Section 59 of the Labour Relations Act, 1995.

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.

C3.0 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

ESSEX and KENT COUNTIES SKILLED TRADES COUNCIL Page 5

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

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

C4.0 CENTRAL LABOUR RELATIONS COMMITTEE

C4.1 The CT A 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 CTA representatives will each select one co-chair. CX.? Additional representatives may attend as required by each party.

C4. 7 Additional representatives may attend as required by each party.

C5.0 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 School Boards Collective Bargaining Act central matters may also be grieved locally, in which case local grievance processes will apply.

C5.1 Definitions

a. A "grievance" shall be defined as any difference relating to the interpretation, application, administration, or alleged violation or arbitrarily 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.

C5.2 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.

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.

C5.3 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.

C5.4 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 10 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 1 0 days. Within a further 1 0 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.

C5.5 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. Time lines shall be suspended for the period of mediation.

C5.6 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.

ESSEX and KENT COUNTIES SKILLED TRADES COUNCIL PageS

e. The remuneration and expenses of the arbitrator shall be shared equally between the central parties.

C5. 7 The arbitrator shall have all of the powers provided to arbitrators under the Labour Relations Act and under section 43 of the School Boards Collective Bargaining Act, 2014 and the authority to order a remedy which the arbitrator considers just and reasonable.

C6.0 WORK YEAR

C6.1 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.

C7.0 SPECIALIZED JOB CLASSES

C7.1 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.

C8.0 VESTED RETIREMENT GRATUITY VOLUNTARY EARLY PAYOUT

C8.1 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.

C8.2 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:

C8.3 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.

C8.4 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.

8.5 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, 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.

C9.0 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 a) The funding per full-time equivalent will be calculated as per the appended Letter of

Agreement.

C9.2 Cost Sharing a) With respect to the funding in CX.1 a}, 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.

b) 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

a) 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.

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

C10.0 STATUTORY LEAVES OF ABSENCE/SEB

C1 0.1 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 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)

a) Sick Leave Benefit Plan The Sick Leave Benefit Plan will provide sick leave days and short term disability days for reasons of personal illness, personal injury, including personal medical appointments and personal dental appointments.

b) Sick Leave Days Subject to paragraphs CX.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 prorated.

c) Short-Term Leave and Disability Plan (STLDP) Subject to paragraphs CX.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 prorated. Employees eligible to access STLDP shall receive payment equivalent to ninety percent (90%) of regular salary.

d) Eligibility and Allocation The allocations outlined in paragraphs CX.1 b) and c) above, will be provided on the first day of each school year, subject to the restrictions outlined in CX.1 d) i-v below.

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 L TO.


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 CX.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.

e) 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 payor.

For clarity, where an employee is receiving partial benefits under WSIB/L TO, 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/L TD 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.

f) 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%.

g) 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.

ii. 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.

h) 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 case-by-case basis and not based solely on a denial of L TO.

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

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.

i) 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.

j) 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:

i. 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.

ii. If the plan 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 (L TD)/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.

C12.0 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.


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


APPENDIX B- ABILITIES FORM

MEDICAL CERTIFICATE CONFIDENTIAL

Employee Group; Requested by:

WSIB Claim Q Yes 0 No WSIBClaimNumber:

To the Employee: The purpose for this form is 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'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.

Employee Name: Employee Signature: (Please print)

Employee 10: Telephone No:

Employee Work Location: Address:

' 1. ....... c.. ProfeMionel: The following Jnforrnellon .,.ouu be by the ....... c.. ProfeMionlll

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

0 Patient is capable of returning to work with restrictions. Complete section 2 (A & B) & 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: tt.lttl C.. Profeaat~M• to completa. PtMaa outline your padant'albiiiUII and/or rMtrtcltona baed on your obtactfve maclalllndlnp.

PHYSICAL (If applicable} Walking: Standing: sitting: Uftlng 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 - 1 0 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 Right Hand D Full abilities D Up to 5 steps DGripping 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) :

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 DYes DNo (please specify):

Ability to drive car DYes DNo


MEDICAL CERTIFICATE CONFIDENTIAL

Attention and Concentration: 0 Full Abilities 0 Limited Abilities 0 Comments:

Abllhy to Organize: 0 Full Abilities 0 Limited Abilities 0 Comments:

Following Directions: 0 Full Abilities 0 Limited Abilities 0 Comments:

Memory: 0 Full Abilities 0 Limited Abilities 0 Comments:

Decision- Making/Supervision: 0 Full Abilities 0 Limited Abilities 0 Comments:

Social Interaction: 0 Full Abilities 0 Limited Abilities 0 Comments:

Multi-Tasking: 0 Full Abilities 0 Limited Abilities 0 Comments:

Communication: 0 Full Abilit ies 0 Limited Abilities 0 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: HMith C..~ to com From the date of this assessment, the above will apply for approximately: Have you discussed return to work with your patient?

0 Yes No Start Date:

Is patient on an active treatment plan?: 0 Yes 0 No

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

If a referral has been made, will you continue to be the patient's primary Health Care Provider? 0 Yes

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

Completing Health Care Professional Name: (Please Print)

Date:

Telephone Number:

Fax Number:

Signature:

dd mm yyyy

0No

mm YYYY

It is the policy of the Greater Essex County District School Board to collect, use, retain and disclose personal information in the course of meeting its statutory duties and responsibilities. The Greater Essex County District School Board is committed to the protection of privacy and complies with all applicable provisions in the Education Act, the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA), the Personal Health Information Protection Act (PHIPA), and any other applicable legislation.

PLEASE RETURN THE COMPLETED FORM TO OUR CONFIDENTIAL FAX NUMBER at FAX#: (519)-255-3207


LETTER OF AGREEMENT #1

BETWEEN

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

AND

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

Re: Job Security

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 occasional 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 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.



BETWEEN

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

AND


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 CT A/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 classes • 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.



BETWEEN

The Council of Trustees' Associations (hereinafter called 'CTA')

AND

The Ontario Council of Educational Workers (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 1 0-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 (1 0) 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: i) 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; ii) The government/employer will be obligated to match these contributions; iii) 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

iv) 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.



BETWEEN

The Ontario Public School Board Association (hereinafter called 'OPSBA')

AND

The Ontario Catholic School Trustees Association (hereinafter called 'OCSTA')

AND

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

RE: Benefits

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

1.1.0 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.

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 IT A 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 FUNDING

3.1.0 Start-Up Costs

3.1.1 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 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.


3.1.3 The Crown shall pay $300,000 of the start-up 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 in s. 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.

3.2.0 On-Going Funding

3.2.1 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.

3.2.2 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.

3.2.3 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.

3.2.4 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.

3.2.5 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 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 wiil 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 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.

3.2. 7 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 8-Memo 804:2015. It is the parties' understanding that the Ministry of Education Memo 804:2015 applies and will remain in effect until Board plans become part of the Trust.

3.2.8 OCEW shall retain rights to their data.


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

i) "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 CT NCrown 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.

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.

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% for 2015-16 and 4% for 2016-17.

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 ongoing 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 L TO 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

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).


Appendix C - 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.



BETWEEN


AND

The Council of Trustees' Associations (Hereinafter the 'CTA') 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.



BETWEEN


AND

The Council of Trustees' Associations (Hereinafter the 'CTA')

Re: Long Term Disability (L TO} Plan Working Group

The parties acknowledge that increases in premiums for L TO plans are a significant issue.

The parties agree to review the issue of affordability of L TO plans for both boards and employees who pay L TO premiums (in whole or in part) in support of existing L TO plan arrangements.

A joint central committee of board staff and OCEW members shall be established to review options related to sustainability and afford ability of L TO 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 iii) 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.



BETWEEN


AND

The Council of Trustees' Associations

(Hereinafter the 'CT A')

Re: Sick Leave

The parties agree that any current collective agreement provisions 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.



BETWEEN


AND

The Council of Trustees' Associations (Hereinafter the 'CTA') 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.



BETWEEN

The Ontario Council of Educational Workers

(Hereinafter called the 'OCEW') AND


(Hereinafter the 'CT A')

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.



BETWEEN


AND

The Council of Trustees' Associations (Hereinafter the 'CTA')

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.



BETWEEN


(hereinafter called the 'OCEW')

AND

The Council of Trustees' Associations (Hereinafter the 'CTA') 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.



BETWEEN The Council of Trustees' Associations (hereinafter called 'CTA')

AND


RE: Status Quo Central Items

Status quo central items

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 School/ Boards Collective Bargaining Act.

Issues:

1. Allowances 2. Long Term Disability 3. Hours of Work 4. Work week 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



BETWEEN


(hereinafter called 'CTA')

AND


(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 definitions 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.

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.

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.l. 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 additional11 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 31st, 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 2012-20141ocal bargaining if any, that utilized deduction from sick leave, for reasons other than personal iii ness 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 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 2012-20141ocal 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:"


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, 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.


APPENDIX II TO OCEW MOS

Memoranda of Agreements that are expressly outside the collective agreement.

MEMORANDUM OF AGREEMENT

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

AND

The Crown

Re: Provincial Health and Safety Working Group

The parties reconfirm their intent to participate in the Provincial Health and Safety Working Group.

The purpose of the working group is to consider areas related to health and safety in order to continue to build and strengthen a culture of health and safety mindedness in the education sector. Areas for discussion may include:

• Violence in the workplace; • Occupational health and safety training for OCEW members; • Health and safety considerations in high risk areas of the school; • Appropriate access to, and provision of, information related to students who may pose a

safety risk; and • Any other health and safety matters raised by either party.

The Crown commits to convene a meeting of the Working Group prior to December 31, 2015.

OCEW will be entitled to equal representation on the Provincial Health and Safety Working group.

Where best practices are identified by the committee, those practices will be shared with school boards.


MEMORANDUM OF AGREEMENT

BETWEEN


AND

The Crown

Re: Ministry/School Board Initiatives

The parties agree that OCEW Educational Workers will be active participants in the discussion to establish the terms of reference for the Ministry of Education PPM regarding Ministry/School Board initiatives. Given the various job classifications in the bargaining units, the terms of reference will be developed to reflect the various roles, needs and concerns of Educational Workers.


MEMORANDUM OF SETTLEMENT

of all outstanding matters forming the agreement on central terms pursuant to the

School Boards Collective Bargaining Act, 2014

BETWEEN:

THE ONTARIO COUNCIL OF EDUCATIONAL WORKERS

{hereinafter 'OCEW'} AND

THE COUNCIL OF TRUSTEES ASSOCIATIONS

{hereinafter the 'CTA'} AND AGREED TO BY: THE CROWN

1. The parties and the Crown agree that this Memorandum and

attached Appendices form the basis of a full and final settlement of

the current round of Central negotiations. The parties and the

representatives of the Crown agree to recommend the terms of

settlement as set out herein and in the accompanying appendices to

their respective principals.

2. The attached Appendix I forms part of and shall be incorporated into

the collective agreements between OCEW member unions and the

CT A. The attached Appendix II consists of two memoranda agreed

to by OCEW and the that do not part of the central terms

of collective agreements concluded between the parties.

3. Ratification of the Memorandum of Settlement of Central Terms by

both parties and agreement ofthe Crown shall be deemed to have

occurred on the date of ratification by OCEW and by the CT A,

whichever is later, and by agreement of the Crown. The parties will

endeavor to complete the central ratification and agreement

processes by January 15,2016.

4. The terms of this Memorandum of Settlement and Appendices shall

be effective on the date of the ratification of the local terms, as per

Section 39(6, 7) of the School Boards Collective Bargaining Act, 2014

provided that this Memorandum of Settlement is ratified by OCEW.

5. Any compensation items that are retroactive shall be paid no later than thirty (30)

days following the later of ratification of the respective local terms or this central

agreement


6. The following matters shall be effective, consistent with their terms, upon ratification of central terms:

Letter of Agreement re: Benefits

• Central Labour Relations Committee

Provincial Health and Safety Working Group • Early Childhood Educators Working Group (FOK)

• Scheduled Unpaid Leave Plan (SULP) designation

• Notification Period for Vested Retirement Gratuity Voluntarf Early Payout (payouts following local ratification)

7. The collective agreement shall consist of two parts. Part "A" consists of provisions respecting Central Issues. Part "B" consists of provisions with respect to Local Issues and certain Central Issues.

8. The terms herein, and in the accompanying Appendix I shall form the entirety of

the central terms of the collective agreement and any directions to local parties with respect to centrally bargained issues.

9. Appendix I includes agreements reached at the central table that direct local parties with respect to the incorporation of local language on central Such incorporation shall occur without modification as part of the process of finalizing the structure and content of each collective agreement.

10. Effective upon the signing of this Memorandum of Settlement, the parties agree there shall be no central job action pending the outcome of the central ratification

11. The discounted net present value of future retirement gratuities, the Scheduled Unpaid Leave Plan and the 2014-2015 non-ECE grid holdback, provides for increases to salaries, wages and direct compensation. Boards shall adjust their current salary grids and wage schedules in accordance with the following schedule:

-September ·1, 20·14 • 0%

-September 1, 2015 • Elimination of the half year delay in grid movement

• 1%) of earned wages as a part of this bargaining unit as a lump sum paymentto all members covered by the collective agreement


-September 1 , 2016

• 1% adjustment to the salary grids, wage

schedules and to positions of

responsibility allowances.

-February 1,2017

• 0.5% adjustment to the salary grids, wage

schedules and to positions of responsibility

allowances.

12. Method of Payment for One Time Lump Sum

Members of the bargaining unit that are employed as of September 8, 2015 will

receive a 1 lump sum payment as follows:

• Permanent employees shall receive the equivalent of 1% of 2014-2015 wages/salary earned as a member of the applicable bargaining unit, provided they are actively at work, on statutory leave or an approved paid leave as at September 8, 2015.

• Permanent employees on a statutory leave for any part of 2014-2015 will not be adversely affected.

The lump sum equivalent to 1 of annualized

2014-2015 wage/salary will be adjusted as if they their normal for the period of

the time on statutory leave.

• Casual or temporary employees shall be paid a

lump sum payment equivalent to 1% of wages

earned as a member of the applicable bargaining

unit in the 2014- 2015 school year provided they worked at least 40 hours in the 2014-2015 school

year.

13. Lump Sum Payments: All lump sum payments shall be reported as earned wages for pension purposes under the Ontario Municipal Employees' Retirement System (OMERS).

14. Subject to the prior approval of Employment and Social Development

Canada (ESDC) where allowable, the Statutory Leave/SEB plans as

attached in Appendix I shall be established and implemented within

sixty (60) days of the approval by ESDC.


15. In cases where provincial committees outlined in this central agreement

raise issues of common interest for education sector affiliates/unions, the

parties agree that these provincial committees may be combined

conditional upon the agreement of all parties.

16. The parties agree that while SULP replaces VLAP, it does not replace other

local unpaid leave provisions.

Dated at Toronto, this 2nd day of December, 2015.

OCEW

lJ CJ, .. ~

/Jib,~ L~.

ti.

CROWN


PARTB

LOCAL TERMS

IT IS THEREFORE AGREED AND UNDERSTOOD:

L 1 - DEFINITIONS

L 1.01 In this Agreement:

(a) "Board" means the Greater Essex County District School Board, or its agents.

(b) "Unions" mean the Council of Skilled Trades Unions comprising of:

Bricklayers & Allied Craftworkers International Union- Local No.6

International Brotherhood of Electrical Workers- Local No. 773

International Union of Painters & Allied Trades- Local1494

Labourers International Union of North America- Local No. 625

United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada Local No. 527

United Brotherhood of Carpenters & Joiners of America - Local No. 494

(c) A permanent or Temporary "Employee" or "employees" means any person in the bargaining unit described in Article 2 - Recognition, except where the content otherwise provides.

(d) A permanent employee is defined as any' person employed on a continuous fulltime basis and is governed by the entirety of this Collective Agreement.

(e) A temporary employee is defined as any person employed on a short-term or casual basis and is governed by Articles: 3, 8.04, 11.02 and their respective Provincial Agreement.

L2 - RECOGNITION

L2.01 The Board recognizes the Unions listed in Article 1.01 (b) as the sole collective bargaining agent for all of its employees with respect to rates of pay, hours of work and working conditions who are employed as bricklayers, electrical workers, painters, labourers, plumbers and/or pipe fitters and carpenters in the Board's Facility Services Division, save and except foremen and persons above the rank of foremen.

L2.02 In the event that the Employer should merge, amalgamate or combine any of its operations or functions with another school board, the employer will use its best efforts to ensure retention of all seniority and benefits enjoyed by its employees with the successor employer.


L3 - JURISDICTION

L3.01 (a) Members of the Bricklayers and Allied Craftworkers International Union Local No. 6 shall do all labour trade work on the current and new properties within the geographical jurisdiction of the pre-amalgamated Windsor Board of Education except that work which shall be designated as preventive maintenance and performed by that department of the Board and except that work which may be contracted out pursuant to Article 25. Preventive maintenance shall be designated as that work which does not require the expertise of a tradesperson.

(b) Members of the International Brotherhood of Electrical Workers Local No. 773 shall do all electrical work on the current and new properties within the geographical jurisdiction of the pre-amalgamated Windsor Board of Education except that work which shall be designated as preventive maintenance and performed by that department of the Board and except that work which may be contracted out pursuant to Article 25. Preventive maintenance shall be designated as that work which does not require the expertise of a trades person.

(c) Members of the International Union of Painters and Allied Trades Local No. 1494 shall do all labour trade work on the current and new properties within the geographical jurisdiction of the pre-amalgamated Windsor Board of Education except that work which shall be designated as preventive maintenance and performed by that department of the Board and except that work which may be contracted out pursuant to Article 25. Preventive maintenance shall be designated as that work which does not require the expertise of a tradesperson.

(d) Members of the Labourers International Union of North America Local No. 625 shall do all labour work on the current and new properties within the geographical jurisdiction of the pre-amalgamated Windsor Board of Education except that work which shall be designated as preventive maintenance and performed by that department of the Board and except that work which may be contracted out pursuant to Article 25. Preventive maintenance shall be designated as that work which does not require the expertise of a trades person.

(e) Members of the United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada Local No. 527 shall do all plumbing and/or pipe fitting trade work on the current and new properties within the geographical jurisdiction of the pre-amalgamated Windsor Board of Education except that work which shall be designated as preventive maintenance and performed by that department of the Board and except that work which may be contracted out pursuant to Article 25. Preventive maintenance shall be designated as that work which does not require the expertise of a tradesperson.

(f) Members of the United Brotherhood of Carpenters and Joiners of America Local No. 494 shall do all carpentry trade work on the current and new properties within the geographical jurisdiction of the pre-amalgamated Windsor Board of Education except that work which shall be designated as preventive maintenance and performed by that department of the Board and except that work which may be contracted out pursuant to Article 25.


Preventive maintenance shall be designated as that work which does not require the expertise of a tradesperson.

L4- MANAGEMENT RIGHTS

L4.01 The Unions recognize the right of the Board to hire, direct, classify, transfer, assign work locations, promote, demote, layoff and the right to discipline, suspend or discharge, for just cause any employee subject to the provisions in this Agreement expressly governing the exercise of these rights and subject to the right of a permanent employee to lodge a grievance in a manner and to the extent herein provided.

L4.02 The Unions recognize further the right and duty of the Board to operate and manage its school system in accordance with its obligations and to make and alter from time to time rules and regulations to be observed by employees. Before making or altering such rules or regulations, the Board agrees to discuss same with the Union and in no event shall such rules or regulations be inconsistent with the express provisions of this Agreement.

L4.03 The Board agrees to continue its current practice of advising the local union business managers of any new initiatives or policy changes which may affect the working condition of employees.

LS - UNION REPRESENTATIVES

L5.01 To enable official recognition of stewards, Union representatives shall inform the board in writing of the names of all stewards as they are appointed and when they cease to act as stewards.

L5.02 If an employee is subject to disciplinary action by their superiors, they shall be allowed to have with them a Union representative if they desire.

L5.03 Any complaint by an employee shall first be discussed with the immediate supervisor. If the immediate supervisor and the employee are unable to resolve the complaint, then the employee shall immediately contact their steward, who shall contact the immediate supervisor involved in an attempt to resolve the complaint.

L5.04 If it becomes necessary for the steward to leave their place of work to investigate a complaint, they must notify their supervisor or manager, prior to leaving and upon returning. The steward sha!! be granted reasonable time for the purpose of resolving the complaint. When investigation of a grievance on Board time is necessary, the steward shall receive the regular rate of pay.

L5.05 Representatives of the Union (Business Agents, Managers, etc.) shall have access to the area of work during working hours subject to the approval of the Manager of Facility Services and/or designate, but in no case shall their visits interfere with the progress of the work.

L5.06 The steward shall be advised of new employees in their trade and when employees are laid off, the steward shall be notified prior to the layoff.


L6- UNION SECURITY

L6.01 All employees under this Agreement, as a condition of employment, shall be members of the appropriate Union, and maintain such membership in good standing.

L6.02 (a) For permanent positions, the Board agrees to interview and hire only active members of the appropriate union to work in accordance with Article 3. Such position will be posted at the Union Hall and externally. The hiring process may include an interview and applicable testing.

(b) For temporary assignments, the Board shall contact the local Union Hall and hire only members of the appropriate Union to perform all work in accordance with Article 3.

L6.03 The Board agrees to deduct union dues and special union assessments applicable to all members as specified and authorized under their respective Union's by-laws, from the pay of every employee within the scope of this agreement and to transmit total amounts of such deductions to the appropriate union by the end of the month.

L6.04 While it is recognized by both parties that adjustments and staffing may from time to time become necessary, the Board agrees that if it decides not to fill a vacancy created through normal attrition such attrition will not be used as a method to unreasonably increase the workload of remaining staff members.

L6.05 (a) The Board guarantees that employees hired on or before August 31, 2005 will not be laid off.

(b) The Board agrees to maintain a staff complement of seventeen (17) F.T.E. Skilled Trades persons. The specific trades within this complement will be determined by Board needs.

(i) When a full time staff employee retires, quits or is discharged for cause, the Board will make every reasonable effort to replace the vacancy within ninety (90) days after the Board receives formal written notice from the employee for their retirement I resignation. Such replacement shall be from a Union in accordance with Article 6.

(ii) The Board agrees to contact a Union within the Council for a replacement, within ten (10) days after the vacancy has occurred to replace the staff employee identified above, on a temporary basis, and until such time that 6.05(c)(i) is satisfied.

(iii) It is understood by both parties that the position would not be filled until the actual resignation I retirement I termination date.

L?- COMMUNICATION

L7.01 All communications between the parties, arising out of the Agreement or incidental thereto, shall pass between the Superintendent of Human Resources of the Board and the appropriate official of the Union and be provided with copies of all correspondence between the parties.


L8 - SENIORITY

L8.01 An employee hired by the Board for a permanent position shall be on probation until they have successfully completed a period of one hundred twenty ( 120) days of service in any twelve (12) month period at which time their name shall be placed on the seniority list and they shall be credited with one hundred twenty (120) days seniority.

L8.02 In the event of layoff, the retention of employees in the Board's service shall, in general, be governed by the following:

L8.03

L8.04

L8.05

L8.06

(a) Availability of work in their respective trades and, where applicable, specialization within a trade.

(b) Seniority with the Board if, in the opinion of the Board, capability and performance are approximately equal.

(c) Probationary employees shall be laid off first subject to subsection 8.01 above.

(d) In the case of shop stewards, seniority and capability being equal, the shop steward will be the last person laid off.

Unless legislation is more favourable to the employees, the employer shall notify the permanent employees who are to be laid off thirty (30) calendar days prior to the effective date of layoff. If the employee has not had the opportunity to work the days provided in this clause, they shall be paid the days for which work was not made available.

Temporary employees being laid off shall receive a minimum of one (1) hours' notice with pay. The employee shall receive his wages to date and E. I. Record of Employment at the time of layoff. In the event the employee voluntarily terminates employment with the Board, the above-mentioned items will be issued by registered mail by the next regular pay day following the date of termination.

The Board shall maintain an up-to-date seniority list and a copy shall be furnished to each Union and posted in Facility Services in January of each year.

If an employee is promoted out of the bargaining unit or any other position which excludes them from coverage of this Agreement, such employee shall retain their Board seniority in the position from which they were transferred. The employee at any time may be transferred to such former position and be allowed the Board seniority to which they are entitled.

L9 - DISCIPLINE

L9.01 (a) Employees will be notified in writing, with a copy to the Union and the employee's personnel file, of any work infraction within ten (10) working days of the incident giving rise to such work infraction or within ten ( 1 0) days of the date the Board becomes aware of the incident giving rise to such work infraction. Employees who are suspended, discharged or otherwise disciplined will be given a written confirmation, with a copy to the Union and the employee's personnel file, within ten (1 0) working days of the incident giving rise to such suspension, discharge or disciplinary action. If this


procedure is not followed, such expression of dissatisfaction shall not become part of their record for use against them at any time.

(b) The parties recognize the value of progressive discipline to be corrective in its application. The Board agrees that it will not use past suspensions, disciplinary actions, letters of reprimand and adverse reports against any employee for current infractions provided that such suspensions, disciplinary actions, letters of reprimand and adverse reports have occurred more than eighteen (18) months from the current infractions and provided that the said employee has an unblemished record for the eighteen (18) months immediately prior to the date of the current infraction.

(c) Provided an employee provides twenty-four (24) hours' notice to the Human Resources Department, an employee shall have the right, during normal business hours, to have access to review their personnel file in the presence of a member of the Human Resources Department and shall have the right to respond in writing to any document contained therein, such a reply becoming part of the permanent record. An employee may be accompanied by a Union official when reviewing the file.

(d) Where a supervisor intends to meet with an employee for purposes that may result in disciplinary action, the supervisor shall notify the employee in advance of the meeting of their right to Union representation. Regardless of whether or not an employee decides to have a representative from the Union present at meetings requested by Board supervisors, no employee shall be requested to sign a statement of facts pertaining to their own situation without a Union Steward present.

(e) Copies of reprimands will be forwarded to the employee or employees concerned and the Union.

L 10- GRIEVANCE PROCEDURE

L 10.01 It is agreed that it is the spirit and intent of the Agreement to adjust employee or employer grievances promptly.

Should a dispute arise between the Board and any employee or the Union regarding the interpretation, meaning, operations or application of this Agreement, including any questions as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, or should any other dispute arise, an earnest effort shall be made to settle the dispute in the manner outlined in this Article.

Disputes shall be dealt with so far as possible by discussion between the individuals directly affected and their immediate superv'isor. If a satisfactory solution of a dispute cannot be reached at this level, the dispute shall become a grievance and such grievance shall be processed in order to reach a fair and amicable settlement in accordance with the terms of this Article. Disputes of a general nature between the Board and the Union may be initiated by the appropriate representatives at Step 1.

Where a dispute involving a question of an employee's medical assessment or dismissal occurs, the Board and the Union may agree to by-pass Steps 1 and 2 of the grievance procedure.

Step 1 - The employee concerned, assisted by their Steward and/or Business Agent, shall submit the grievance in writing to the Coordinator of Maintenance, with a copy to the Superintendent of Human Resources,


L 10.02

within five (5) working days after the date of meeting informally with the Coordinator of Maintenance. The Coordinator of Maintenance or designate shall deliver a decision in writing to the employee concerned, with a copy to the Steward of the appropriate union, within five (5) working days after the date the employee's written grievance was received.

Step 2 - If the written decision of the Coordinator of Maintenance or designate is not satisfactory to the employee concerned, the employee concerned may appeal the written decision of the Coordinator of Maintenance or designate to the Manager of Facility Services or a designate by lodging an appeal in writing within five (5) working days after the date on which the employee concerned received the written decision of the Coordinator of Maintenance.

The Manager of Facility Services or a designate shall convene a meeting with the employee, assisted by their Steward and/or Business Agent, concerned and the Superintendent of Human Resources or designate within five (5) working days after the Manager of Facility Services received the written appeal. The purpose of this meeting shall be to discuss and consider the grievance. The Superintendent of Human Resources or designate shall deliver a decision in writing to the Union within ten (10) working days of the meeting.

Grievance Mediation 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 the time line for grievance mediation to occur.

L 11 - ARBITRATION

L 11.01 After exhausting the grievance procedure established by this Agreement, the affected party may notify the other in writing of its desire to submit the grievance to arbitration. The notice shall be delivered to the other within thirty (30) working days after the reply under Step 2.

L 11.02 The arbitrator will be selected by the parties. If the two parties fail to agree upon an arbitrator, the appointment shall be made by the Minister of Labour upon the request of either party. The arbitrator shall hear and determine the difference or allegation and shall issue a decision and the decision shall be final and binding upon the parties and upon any employee affected by it.

L 11.03 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance pursuant to Article 10.02.

L 11.04 Each of the parties hereto will jointly share the expenses of the arbitrator.

L 11.05 The arbitrator shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of this Agreement.

L 11.06 If a grievance concerns the discipline of an employee, including disciplinary dismissal, the arbitrator may confirm the decision of the Board or reinstate the employee with or without full compensation or otherwise modify the penalty.


L 11.07 Every effort will be made to follow the grievance (Article 9) and arbitration (Article 1 0) procedures prior to submitting to arbitration pursuant to Section 133 of the Labour Relations Act.

L 12- WAGES AND PAYMENT OF WAGES

L 12.01 Wages shall be paid bi-weekly in accordance with trade classification and rates of pay as set forth in this Article. The employer will provide reasonable notice of the date at which time the payroll can be amended to provide for bi-weekly pay periods. Upon payment of wages on each pay day, wages and deductions shall be itemized.

L 12.02 Temporary employees covered by this Agreement shall be paid the full Provincial wage rate applicable to such Trade. In addition and in lieu of coverage under the Board's Benefits, the Board shall remit monies as set out in Article 18.02 hereunder to the appropriate person or firm designated by the Union.

L 12.03 SALARY SCHEDULE For the period September 1, 2014 to August 31, 2017

September 1, 2015 • 1% of earned wages as a part of this bargaining unit as a lump sum payment to all

members covered by the collective agreement.

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L 12.04

Bricklayers $30.18 $30.48 $30.63 Carpenters $29.14 $29.43 $29.58 Electricians $32.21 $32.53 $32.69 Labourers $25.87 $26.13 $26.26 Painters $26.64 $26.91 $27.05

Plumbers $32.05 $32.37 $32.53

(a) When the permanent foreperson is unavailable due to illness, vacation, board obligations or other absences, a temporary foreperson may be promoted from within the department workers to cover the permanent foreperson's position. This temporary foreperson will receive 10% above that worker's normal wage rate after one ( 1) day within this position. This temporary fore person wiil remain part of the Union and will not be required to conflict with Union bylaws and constitution.

(b) When a temporary vacancy is created by the temporary foreperson appointment, the Board will make every effort to ensure that the associated workload is manageable and will discuss related concerns at Trades/Management meetings.


L 13- HOURS OF WORK

L 13.01 Eight (8) hours shall constitute a day's work from 8:00a.m. through 4:30p.m., Monday through Friday, on the basis of a 40-hour week. The lunch period shall be one-half (1/2) hour unless designated as one (1) hour for emergency reasons. Unless otherwise designated, the lunch period will commence at 12:00 noon. The starting and finishing times may be adjusted upon mutual agreement between Management and the employees covered by this Agreement. Failing mutual agreement, Management may adjust the starting and finishing time temporarily by no more than one-half (1/2) hour.

L 13.02 All other hours shall be considered as overtime and shall be paid on the basis of the overtime clauses contained herein.

L 13.03 A rest period of fifteen (15) minutes shall be allowed in each half of a shift. The break period should be taken at the mid-point of each half of a shift.

L 13.04 The lunch period will be one-half (1/2) hour on each shift without pay.

L 13.05 All employees covered by this Agreement shall be allowed sufficient wash-up time prior to the completion of working hours.

L 13.06 The opportunity to work overtime will be distributed as equally as possible amongst the employees, and on request, information on the distribution of overtime will be made available to the shop steward.

L 13.07 If the Board decides to institute a shift work plan to continue on a regular basis, the pay for shift hours worked between the hours of 4:00 p.m. and midnight shall be paid at the rate of one and one-quarter (1 1/4) times the regular rate of pay specified for the day. The pay for shift hours worked between the hours of 12.01 a.m. and 8:00 a.m. shall be paid at the rate of one and one half (1 1/2) times the regular rate of pay specified for that day.

L 14- OVERTIME

L 14.01 Time and one-half shall be paid for all hours worked in excess of the regular working hours, Monday to Friday inclusive.

L 14.02 Time and one-half shall be paid for all hours worked on Saturday.

L 14.03 Double time shall be paid to all employees for all hours worked on Sundays and paid holidays set forth in Article 16.

L 14.04 If overtime in excess of two (2) hours is worked immediately following the regular shift, a break of one-half (1/2) hour with pay must be taken. This applies to cases where no emergency exists. In addition, an employee shall be entitled to eight ($8.00) dollars for a meal allowance provided that not more than one (1) hour has elapsed between regular stopping time and their return to work. Employees working more than eight (8) hours on a Saturday, Sunday, or Statutory Holiday are entitled to an eight ($8.00) dollar meal allowance.

L 14.05 If an employee is called into work outside his regular working hours, the Board shall pay a minimum of three (3) hours call out pay.


L 15- VACATION

L 15.01 An employee shall be entitled to a vacation at the regular rate of pay (excluding overtime and shift premium) as follows:

(a) Less than one (1) year- one working day for each completed month of service- maximum ten (1 0) days

(b) one (1} year or over- 2 weeks (c) three (3) years or over- 3 weeks (d) ten (10) years or over- 4 weeks (e) fifteen ( 15) years or over - 5 weeks (f) twenty-five (25) years or over- 6 weeks

Such service to be calculated as of July 1st in each year.

In addition to the above schedule, employees shall be entitled to one (1) additional week of vacation in their year of retirement.

L 15.02 An employee will not be able to bank/carry over more than their current vacation allocation plus one year at any given time.

L 15.03 An employee leaving the service of the Board at any time in the vacation year before having taken his vacation shall be entitled to a proportionate payment of salary or wages in lieu of such vacation. Such vacation credits shall be paid to the estate of any employee who dies.

L 15.04 The vacation period shall be as determined by the Board but the Board agrees to discuss the vacation period of an employee when so requested.

L 15.05 It is agreed that if it becomes necessary for an employee to be admitted to hospital as a bed patient as a result of illness or injury suffered while on vacation, or as a result of a recurrence of any disability for which such employee would be entitled to Workplace Safety and Insurance Board (W.S.I.B.) benefits, the time spent in the hospital shall be charged to such employee's accumulated sick leave or W.S.LB, as the case may be provided that the employee shall provide proof of such hospitalization or similar confinement satisfactory to the Superintendent of Human Resources.

L 15.06 Where an employee qualifies for bereavement leave under Article 18.03 (a) or (b), while on vacation, there shall be no deduction from vacation credits for such absence. The period of vacation so displaced shall either be added to the vacation period or reinstated for use at a later date, at the employee's option, and with approval of the Board.

L 16- HOLIDAYS

L 16.01 Subject to the condition that the employee must be at work on the regularly scheduled working day previous and the regularly scheduled working day following the holiday, the Board recognizes the following as paid holidays:

Family Day Good Friday Easter Monday Queen's Birthday (Victoria Day)


Canada Day Civic Holiday Labour Day Thanksgiving Day

The period between Christmas Eve Day and New Year's Day inclusive {which will constitute no less than 6 days) and any other day proclaimed by the Federal, Provincial or Municipal Governments as a general holiday.

L 16.02 When any of the above holiday falls on an employee's vacation or regularly scheduled day off, the employee shall be granted an alternate day off in lieu of such holiday.

L 16.03 An employee shall be paid for the above holidays at the regular rate of pay excluding overtime, but including shift premium for holidays that fall during the regular school year.

L 16.04 An employee shall be paid at the rate of double time if required to work on the holidays listed in Article 15.01 in addition to the holiday pay.

L 17- PREGNANCY/ADOPTION/PARENTAL LEAVES

L 17.01

L 17.02

The Board will grant pregnancy/adoption/parental leaves according to the requirements of the Employment Standards Act.

A pregnancy leave may begin no earlier than seventeen (17) weeks before the expected birth date. Parental leave 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.

L 17.03 (i) The maximum length of a pregnancy/adoption/parental leave shall not exceed two (2) years and shall terminate on a date mutually agreed to by the employee and the Superintendent of Human Resources or their designate. The return date will be determined prior to the commencement of the leave.

L 17.04

L 17.05

L 17.06

L 17.07

(ii) In special circumstances, a leave of absence beyond that provided for in (i) above may be granted by the Human Resources Manager or their designate upon a request by an employee. Such leave to terminate on a date mutually agreed by the employee and the Superintendent of Human Resources or their designate but not to exceed beyond the end of the school year.

For pregnancy leave only, the Board will pay a "top-up" amount for a maximum 6-week period immediately following the birth of a child.

The "top-up" pay will be the difference between what an employee received from the Employment Insurance (EI) and her regular wage for the 6 weeks.

To receive top-up pay from the Board, the employee must forward to Human Resources proof of receipt of El maternity benefits. An application for pregnancy leave as well as a medical certificate identifying the expected date of birth is required prior to the employee taking their leave.

The pay will not exceed the amounts specified in 16.05 above.


L 17.08 If not eligible for El, the employee will be entitled to regular compensation from the employees' accrued sick leave bank for a maximum of 6 weeks or days accrued in their sick leave bank.

L 17.09 The Board's obligation to reinstate the employee ends at the expiration of the maximum weeks leave of absence allowed under the Employment Standards Act, allowing sufficient time for the employee to report, provided a longer pregnancy/adoption/parental leave has not been granted under 16.03 (i) or (ii) above.

L 17.10 An employee on pregnancy/adoption/parental leave shall be entitled to accumulation of credit for seniority and the Board's contribution to benefits for the maximum weeks allowable, in accordance with the Employment Standards Act.

L 17.11 For the period of a pregnancy/adoption/parental leave in excess of the maximum weeks allowable in accordance with the Employment Standards Act, seniority shall continue to accumulate for a period not to exceed two (2) years.

L 17.12 The pregnancy/adoption/parental leave applied shall apply with respect to any employee who has worked for the Board for thirteen (13) weeks or more prior to the commencement of the leave.

L 17.13 Cumulative sick leave shall not apply during the period of leave nor shall the sick leave allowance or any fraction thereof be paid during the duration of the leave except for illness or disability verified by a physician except as specified above.

L 17.14 The Board shall provide for employees on pregnancy leave, a supplementary unemployment benefit plan approved by Human Resources Canada. For each week of the two week mandatory waiting period, the plan will pay a sum equal to the El benefit that would be payable to the employee each week of the benefit period.

L 17. 15 Paternity Leave A paternity leave of up to one (1) full day with pay will be granted for occasions such as attending the birth of one's child or for bringing the mother and child home from hospital or for bringing an adopted child into custody, if such occasions occur during the regular working day (excluding statutory holidays, vacation, Saturdays and Sundays).

L 17.16 Adoption Leave Where an employee officially adopts a child, leave of absence shall be granted under the same terms and conditions as outlined for maternity leave and may be granted under the same terms and conditions as outlined for paternity leave.

L 18- MISCELLANEOUS LEAVES

L 18.01 An employee may be granted leave of absence without pay and without loss of seniority if their completed Board's Request for Leave Form is received by the Board's Facility Services Department at least fifteen ( 15) days prior to the requested leave and subsequently approved by the designated Human Resources Officer. Time factor may be waived in cases of emergency on compassionate grounds and in extenuating circumstances. The Board will recover the premiums of health and welfare benefits for the entire period they have been on a leave of absence in excess of one (1) month.


L 18.02 Wages for time lost due to quarantine shall be paid to employees when certified by the local medical officer of health, and shall not be chargeable to sick leave.

L 18.03 (a) An employee shall be granted three (3) days leave without loss of pay at the time of death of a mother-in-law or father-in-law, sister-in-law or brother-inlaw, son-in-law or daughter-in-law, grandparents, grandchildren, and total dependents. Such leave to be taken within seven (7) calendar days following the death or funeral of the deceased. In addition, an employee shall be granted up to three (3) days leave without loss of pay, but only the time required to attend the funeral, in the case of death of a grandparent of the spouse.

(b) An employee shall be granted up to a maximum of five (5) days leave without loss of pay in the case of the death of a parent, or guardian, spouse or equivalent, child or sibling.

(c) The time required, not exceeding one day, shall be granted without loss of pay to an employee to attend a funeral as a pallbearer, or to attend the funeral of a friend or a relative not mentioned in (a) or (b) above, provided such employee has the approval of the appropriate Manager.

Note: It is understood that days under Article 18.03 (a), (b) and (c) may be taken for all observances and rituals associated with one's religious/cultural beliefs such as but not limited to: funeral services, memorial services, and/or ceremonies.

L 18.04

L 18.05

L 18.06

The Board shall pay an employee who is required to serve as a juror or who received a subpoena in a court proceeding to which the employee is not party to the action the difference between their normal earnings and the payment they receive for jury duty or subpoena pay. The employee will present proof of service and the amount of pay received. Consideration will be given for compensating time off to employees who appear as a crown witness in cases involving the Greater Essex County District School Board.

At the discretion of the Board, which will not be unreasonably withheld, the appropriate supervisor may grant an employee leave of absence to a maximum of two (2) days per year for personal reasons without loss of salary and benefits and without deduction of sick leave credits.

Family Medical Leave (Un-Paid) (a) Family medical leave will be granted without pay to an employee in

accordance with the Employment Standards Act.

(b) An employee who is on compassionate care leave shall continue to accumulate seniority and service and the school board will continue to pay its share of the premiums of the subsidized employee benefits, including pension, if matched by the employee per OMERS regulations, in which the employee is participating during the leave.

(c) Subject to any changes to the employee's status which would have occurred had he or she not been on compassionate care leave, the employee shall be reinstated to his or her former duties, on the same shift in the same department, and at the same rate of pay.


L 19- EMPLOYEE BENEFITS

L 19.01 The Prescription, Pension, Hospital/Medical, Extended Health, Dental, Long-term Disability, Group Life, Optical (Vision) Care and Cumulative Sick Leave Plans of the Board applicable to employees covered by this Agreement shall be deemed to form part of this Agreement. Notwithstanding the provisions of this Article, any negotiated changes to the benefit plans provided hereunder will be effective the month following the month of ratification.

L 19.02 The Board agrees to maintain its present practice of remitting benefit contributions to the union for temporary employees hired by the Board. It is understood that the amounts remitted will be the same as construction (I.C.I.) rates in order that temporary employees may maintain union benefits.

L 19.03 Pensions

L 19.04

(a) The pension plan for non-teaching employees established by the Greater Essex County District School Board through the Ontario Municipal Employees' Retirement System shall be applicable to all permanent employees covered by this Agreement.

(b) The Board agrees to maintain its present practice of remitting pension contributions to the union for temporary employees hired by the board. It is understood that the amounts remitted will the same as construction {I.C.I.) rates in order that temporary employees may meet the eligibility requirements in their retirement plan.

(c) The Board agrees to establish a pension committee made up equally of Board and Union representatives to study the present pension plan and to make recommendations to the Board.

Employee Benefits

The Board will pay the full cost of premiums for employees and dependents including children up to age 25, provided they are full-time university or college students, for the following:

(a) Ontario Health Insurance Plan

(b) Semi-Private Hospital Supplement

(c) Extended Health Care- In accordance with the respective insurance policy.

(d) Generic Drug Plan- $2.00 deductible On the recommendation and advice of the attending physician no generic substitution may be made. The drug plan shall exclude over-the-counter drugs.

(e) (i) Basic Dental Plan will include relining, repairing, and rebasing dentures. The dental plan shall provide for a nine (9) month recall visit.

(ii) Orthodontics at 50% coinsurance with a lifetime maximum per child of $1,000 during the first year and a lifetime maximum of $1,800 after the first year.


L 19.05

(f) Long-term Disability Plan* - In accordance with the respective insurance policy.

(g) {i) Group Life Insurance - $90,000* straight term coverage (effective September 1, 2010 - $100,000). Reduced to $45,000 upon reaching age 65. Coverage will cease at age 70.

{ii) Optional Group Life Insurance* will be offered to active employees at their own expense until age 65. The maximum optional group life insurance will be $100,000 in $25,000 increments and will be subject to the minimum underwriting requirements of the insurance carrier.

(h) Optical (Vision) Care - The plan will pay a maximum of $300.00 (effective September 1, 2010 - $350) towards the purchase of new or replacement eyeglasses, replacement parts of frames or replacement of lenses to existing eyeglasses or the purchase of contact lenses in lieu of eyeglasses, laser surgery, eye exams or any combination thereof. The full benefit is available at two year intervals to commence from the date of most recent purchase made under the vision care plan.

Note: Coverage for benefits marked with an asterisk (*) is restricted to employees only.

While an employee is receiving benefits under the Board's Cumulative Sick Leave Plan, or while on L. T. D. in lieu of sick leave in accordance with (f) above, the Board will continue to pay premiums for the above benefits.

The Board shall continue payment of premiums for the above benefits to the end of the month following the month in which benefits under the Board's Cumulative Sick Leave Plan cease. Thereafter, the employee shall pay the full premiums through the Board.

If an employee is laid off, all benefits will be covered by the Board to the end of the month in which the layoff occurs. An employee on layoff may continue to participate in the Board's benefit plan at their expense for up to two (2) years or until such time as other employment is found, whichever comes first. In consideration of the above, the employee(s) concerned will agree to pre-pay the premiums necessary to maintain such coverage one (1) month in advance. In the event of non-payment, benefits will be terminated immediately.

Retiree Benefits

The Board will pay the full cost of premiums, after the retiree reaches their 65th Birthday, provided the retiree has participated in such plans up to that date, for the following:

(a) Semi-Private Hospital Supplement

(b) Extended Health Care - The plan includes hearing aid and enhanced out-ofCanada coverage.

(c) Generic Drug Plan- $2.00 deductible On the recommendation and advice of the attending physician, no generic substitution may be made. The drug plan shall exclude over-the-counter drugs.


(d) Basic Dental Plan Basic Dental Plan will include relining repairing, and rebasing dentures. The dental plan shall provide for a nine (9) month recall visit.

(e) Optical (Vision) Care- The plan will pay a maximum of $300.00 towards the purchase of new or replacement eyeglasses, replacement parts of frames or replacement of lenses to existing eyeglasses or the purchase of contact lenses in lieu of eyeglasses, laser surgery, eye exams or any combination thereof. The full benefit is available at two year intervals to commence from the date of most recent purchase made under the vision care plan.

(f) Employees will be provided with $3,000 death benefit effective the first of the month following retirement.

Note: The benefits (a), (b) {c) {d) and (e) listed above will be continued for the surviving spouse of a retired employee to age 65 of the surviving spouse.

L 19.06 The spouse of a deceased employee may retain membership in the group benefit plans to which the employee belonged at the time of death. The spouse of the deceased employee may retain such membership to age 65 and shall pay the full premium cost to maintain such participation.

L 19.07 Employees who retire on full pension prior to age 65 may apply to participate in the Board's Benefit programs by the insurer and shall pay the full premium cost to maintain such participation.

Note: The benefits provided in Articles 18.04 to 18.07 shall be in accordance with those stipulated in the respective insurance policies.

L 19.08 The Board agrees that, should insurance carriers be changed, the benefit coverage shall not be less than that provided under this agreement. In case of change in carrier, the Board shall provide the Union with copies of all new insurance policies.

L20 - CUMULATIVE SICK LEAVE

L20.01 The Cumulative Sick Leave Plan of the Board for non-teaching employees shall be applicable to employees covered by this Agreement.

L21 -WORKPLACE SAFETY AND INSURANCE

L21.01 (a) When an employee is injured during the performance of their duties and is unable to perform such duties and has applied for Workplace Safety and Insurance benefits, the employee will remain on payroll regardless of their sick leave status and will receive their pay at the 85% WSIB rate, plus an additional fifteen per cent (15%) granted by the Board, and deducted from their sick leave account, to equal one hundred percent (100%) of the net pay, pending the WSIB's decision on entitlement.

(b) Upon Workplace Safety and Insurance Board approval, the employee's sick leave reserve shall be adjusted in accordance with the Workplace Safety and Insurance


award and the employee will continue to receive payments in accordance with that award plus the additional fifteen per cent ( 15%) granted by the Board.

(c) Should the employee not have sufficient sick leave credits the employee may be granted an advance of sick leave credits up to thirty (30) days in accordance with the Cumulative Sick Leave Plan.

(d) If the claim is denied and the employee does not have enough sick leave credits to cover the absence then the employee will be removed from payroll and the employee's salary will be adjusted to recover the days allowed beyond the employee's allotted sick leave credits.

L22- TRAVELLING ALLOWANCE

L22.01

L22.02

L22.03

A driving allowance, per mile or its equivalent in kilometres, shall be paid to those authorized employees travelling regularly between two or more work locations in accordance with Board Policy, using their own personal vehicle.

All Skilled Trades employees required to use their automobile for purposes of the Greater Essex County District School Board shall be paid a monthly allowance by the Board on a mileage basis in the performance of work from the first to the last date of the month calculated at the rate of $0.35 per kilometre or Board Policy, whichever is greater.

Employees using their own personal vehicles shall only be required to transport themselves and their own personal tools from job to job.

L23 - UNIFORMS

L23.01 {a) Employees will be entitled to three hundred and seventy (370) dollars per budget year (September 1 -August 31) for approved work clothing.

(b) The Parties agree to establish a Committee (maximum of three (3) representatives from the Union and three (3) representatives from the Board) for the purpose of reviewing uniform related issues:

(i) not involving associated costs that exceed the funds currently identified in the current budget for uniforms;

(ii) the uniform budget year will begin on September 1st each year.

(iii) replacement costs of damaged goods will not be factored into the yearly allowance;

(iv) tendering, in accordance with Board Policy, for clothing be conducted jointly by the members of the Committee.

L24-SAFETY

L24.01 All work shall be performed in accordance with the provisions of the Occupational Health and Safety Act.


L24.02 The Board will make reasonable provisions for the safety and health of its employees during their hours of work. Suggestions received from the Union regarding dangerous conditions will be investigated and, if found to be hazardous, all reasonable effort will be made to effect a correction.

L24.03 In the case of an accident where an employee is taken to hospital by ambulance, the Board shall reimburse the employee for the cost of such ambulance where such cost is not otherwise recoverable by the employee.

L24.04 An employee who is injured during working hours and is unable to continue work on the shift on the certification of a doctor shall receive payment for the remainder of the shift at the regular rate of pay without deduction from sick leave.

L25- CONTRACTING OUT

L25.01 No employee covered under the terms of this Agreement shall suffer demotion, loss of hours or layoff as a result of contracting out of work normally performed under the terms of this Agreement.

L26- STRIKES AND LOCKOUTS

L26.01 The Union will not cause or permit its members to cause, nor will any member of the Union take part in any curtailment of work or in any strike or stoppage of work, or picket any of the board's premises during the period of the Agreement.

L26.02 Likewise, the Board will not cause or sanction a lockout during the period of this Agreement.

L26.03 The Union recognizes that the Employees covered by this Collective Agreement have a legal obligation to honour this Collective Agreement and to report to work even in the event of a legal strike by another Union. Notwithstanding the above, the Board is prepared to recognize that some employees, for personal reasons, may not want to cross the picket line of another Union that is in a legal strike position. When an employee chooses not to cross a Union picket line, and notwithstanding Article 13, the Board may assign the employee to another shift (at applicable rates) and/or work location where no picket line exists. The Board agrees not to take any disciplinary action against any employees who cannot be reassigned other than the deduction of wages and benefits during the period they are not at work.

26.04 If an employee is prevented from crossing the picket line, the employee shall immediately contact the appropriate supervisor who will have responsibility for providing safe passage of the employee to and from the workplace. There will be no loss of wages in cases where the supervisor is unable to provide safe passage to the workplace. Notwithstanding the above, and notwithstanding Article 12, the supervisor may assign the employee to another shift and/or work location.


L27 - TERM OF AGREEMENT

L27.01 This Agreement shall be binding and remain in effect from September 1, 2014 to August 31, 2017 and shall continue from year to year thereafter unless either party gives to the other party notice in writing at least ninety (90) days prior to August 31, 2017.

L27.02 Within fifteen (15) working days of receipt of such notice by one party, the other party is required to enter into negotiations for a renewal or revision of the Agreement, and both parties shall thereupon enter into such negotiations in good faith and make every reasonable effort to consummate a revised or new Agreement.

L27.03 It is agreed, however, that where such notice requests revision, both parties shall adhere fully to the terms of this Agreement during the period of bona fide collective bargaining.

DATED AT WINDSOR, ONTARIO, THIS 11th DAY OF FEBRUARY 2016.

Signed and agreed upon on behalf of the GREATER ESSEX COUNTY DIS CT SCHOOL A

Signed and agreed upon on behalf of the ESSEX AND KENT COUNTIES SKILLED TRADES COUNCIL:

Agent for: Bricklay~rs & Allied Craftworkers International Union- Local No.6

Agent for: Association of and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada Local No.~~~

Agent for: International Brotherhood of Electrical Wor s - Local No. 773

Agent for: United Brotherhood of Carpenter & Joiners of America - Local No. 494

~~Agenff~;: International Brotherhood

ESSEX and KENT COUNTIES SKILLED TRADES COUNCIL

of Painters & Allied Trades - Local 1494

Agent for: Labourers International Union of North America - Local No. 625

Page 67

SCHEDULE A

REFERENCE - ARTICLE 19

CUMULATIVE SICK LEAVE CREDIT PLAN

of

THE GREATER ESSEX COUNTY DISTRICT SCHOOL BOARD

For its Employees who are Members of The Essex & Kent Counties Skilled Trades Council

(a) "BOARD" shall mean The Greater Essex County District School Board.

(b) "EMPLOYEE" shall mean an employee of the Board who comes within the jurisdiction of the Essex & Kent Counties Skilled Trades Council.

(c) "PLAN" shall mean the Cumulative Sick Leave Credit Plan of The Greater Essex County District School Board applicable to employees referred to in (b) above.

(d) "RETIREMENT" shall mean cessation of employment with The Greater Essex County District School Board because of death or being retired with a pension from The Greater Essex County District School Board's O.M.E.R.S. Plan.

(e) (i) "REGULAR STAFF" shall mean the "PERMANENT" staff.

(ii) The "EFFECTIVE DATE" of the plan shall be September 1, 1998.

(f) "PERIOD OF ACCUMULATION" shall mean those years and months of service with the Greater Essex County District School Board during which the employee may accumulate additional sick leave credits.

PART1-GENERAL

1. (a) "Regular attendance" means for any month the attendance of an employee at their duties on the days during the hours for which their attendance is required during that month, according to the terms of their employment subject to the proviso that no credit shall be given to an employee in any month who, in that month, was absent from duty without leave, or who is absent for more than six (6) days for any reason other than vacation, leave of absence or attendance, with the permission of the Board at any meeting or convention of any organization or association with which the Union which has a collective agreement with the Board is affiliated. Notwithstanding the above, an employee on a long-term leave of absence of one ( 1) month or more will not be entitled to the accumulation of sick leave credits during that leave of absence.

(b) "Sick Leave Report Form/Medical Certificate" means a certificate to be completed by the employee, verifying a claim for sick leave.


(c) "Sick leave absence" means absence from regular attendance by sickness or other physical incapacity.

(d) "Sick leave credit" means an allowance as provided by this plan for sick leave absence with pay. Sick leave credits shall be deducted to the closest quarter (1/4) day during the term of this Agreement.

2. (a) A cumulative sick leave plan is hereby established for every employee of the bargaining unit and, subject to the control of the Board, the conduct and management of the plan shall be vested in the appropriate official, or designate of the Board.

(b) The appropriate official shall perform all things necessary or incidental to administer the sick leave credit plan, including the power to allow or disallow any sick leave credit or sick leave absence for any employee provided, however, that the disallowance by the official of any sick leave credit or sick leave absence shall be subject to appeal in accordance with the Grievance and Arbitration procedure.

{c) The official shall provide and keep a record in which all sick leave credits shall be recorded so that the register will show the net sick leave credit of every employee which remains after all their sick leave absences have been deducted from their accumulated sick leave credits.

3. (a) Where an employee is absent due to attendance at a military hospital for observation, examination or treatment in connection with any disability sustained by such employee as a result of military service, and the Board makes up the difference between the employee's normal salary or wages for such period of absence and any allowance or gratuity, other than for transportation and meals, received by the employee from the Department of Veterans' Affairs while attending at such hospital, their sick leave credit, if any, shall be debited with the period of time determined by the ratio that the Board's supplemental payment bears to the employee's normal salary or wages for the period of absence.

4. (a) An employee shall report their absence to their immediate supervisor and the Board's automated absence reporting system within two hours of the time at which they would normally commence their duties.

(b) Absences of more than five (5) working days shall be reported upon return to work of an employee or during their absence if requested, on a duly completed Medical Certificate.

(c) Notwithstanding 4(b) the Medical Certificate shall be required if requested by the Board.

(d) In accordance with the terms and prov1s1ons of the Board's Policy re: Absenteeism, a medical certificate for any absence due to illness may be required after the number of absences and the frequency of absences reach a level that is considered to be above average.

5. Whenever the official managing the sick leave credit system disallows any sick leave credit or sick leave absence for any employee or does not make an entry in regard to such employee's sick leave credit, in accordance with the terms of this plan, such employee may appeal the decision of the official in accordance with the Grievance and Arbitration procedure.


6. Where an employee has accumulated sick leave credits under any plan established by the Board, the employee shall be entitled to credits equal in number to the sick leave credits so accumulated, in addition to any credits to which they may become entitled under the provisions of this plan.

7. Retirement Gratuities were frozen as of August 31, 2012. An employee is not eligible to receive a sick leave 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 gratuity that the employee had accumulated and was eligible to receive as of that day.

(a) Subject to part (b) and Sections 8 and 9 hereof, when an employee, having more than five (5) years' service, ceases to be employed by the Board, or when an employee having less than five {5) years' service dies, there shall be paid to their personal representative as the case may be, or failing a personal representative, to such other person as the Board may determine, an amount computed on the basis of their pay at the date of their cessation of employment with the Board, for a period equal to fifty percent (50%) of the value of their credits or fraction thereof, but the amount shall not exceed six (6) months' pay, and any such employee shall be entitled to be paid such amount in a lump sum, or in regular, consecutive monthly payments of not less than fifty dollars ($50.00), and the balance remaining at any given time after all previous payments have been deducted shall be paid to the employee upon their request.

(b) Section 7 (a) does not apply to employees hired on or after June 30, 1999.

8. Any employee discharged by the Board for cause shall lose or forfeit all benefits under this plan.

9. This plan and all its clauses shall be subject to the provisions of all pertinent Acts of the Province of Ontario or other applicable legislation as from time to time may apply.

REVISED 2016 01 22


LETTER OF UNDERSTANDING

Between

THE GREATER ESSEX COUNTY DISTRICT SCHOOL BOARD (hereinafter referred to as the Board)

and

SKILLED TRADE WORKERS

Represented by The Essex and Kent Counties Skilled Trades Council

(hereinafter referred to as the Union)

MENU SERVICES

The current Menu of Services shall be dated as at the ratification date of this collective agreement.

Should either party request changes to the Menu of Services, such changes shall be made in consultation with the appropriate local union Business Agent, Shop Steward and the Board in a scheduled meeting.

Dated at Windsor, Ontario, this 7th day of January 2016.

FOR THE BOARD: FOR THE UNION:



Between


and




SKILLED TRADES LICENSE RENEWALS

Effective September 1, 2014 to August 31, 2017, where under the Trades Qualification and Apprenticeship Act or the College of Trades, a licensed certified skilled trade employee is required to pay licensing or membership fees. As a condition of renewing their trade license the Board shall pay all costs associated with that renewal or College membership to a maximum of $120.00 (plus applicable taxes) per employee, annually. Supporting documentation and proof of payment must be provided prior to the end of August 31 51 of each fiscal year.

Additional licences will be paid by the Board if such licenses are deemed necessary by the Board up to a maximum of $120.00 (plus applicable taxes) per license annually.

Dated at Windsor, Ontario, this 7th day of January 2016.




Between


and




JURISDICTION

Notwithstanding Article 3.01, the parties agree that for the duration of this collective agreement, the Board may assign Skilled Trades to perform work within the geographical boundaries of the Greater Essex County District School Board.

Dated at Windsor, Ontario, this 12th day of February, 2016

