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omiddot Collective middotAgreement

between

Ontario Public Service Employees Union on behalf of its Local 663

AND

The Moosonee Roman Catholic Separate School Board

Duration September 1 2002 TO August 31 2003

OFFICE OF

JUL 252003 COLLECTIVE BARGAINING

INFORMATION

OPSEU

A SEFPO

FILE No

CERTAlE

CERT DATE

EFF DATE

EXPDATE

COOING CONTROL DATE CODER

IDENTCooeo

RECEIVED bull

UNION OVampR ec or

OTHER 3

bull bull INDEX

(EFINITIONS 4

ARTICLE 1 - PURPOSE 1

ARTICLE 2 - RECOGNITION 1

203 RELATED WORK EXPERJENCE 1

ARTICLE 3 - MANAGEMENT RIGHTS2

ARTICLE 4 - U110N REPRESENTATION 2

401 NEGOTIATlONS 2 402 GRIEVANCES 2

ARTICLE 5 - NO DISCRIMTNt TION 3

ARTICLE 6 - UNION SECURITY 3

ARTICLE 7 - CHECK OFF OF UNION DUES 3

ARTICLE 8 - NO STRIKES OR LOCK-OUTS 4

ARTICLE 9 - CONTRACT DISTRIBUTION 4

ARTICLE 10 - GRIEVANCE PROCEDURE4

Step 1 5 Step 25

ARTICLE 11 - ARBITRA TION6

1106 EXPEDITED ARBITRATION 7

ARTICLE 12 - HEALTH AND SAFETY

1201 HEALTH amp SAFETY COMMITTEE 7

ARTICLE 13 ~ DISCIPLINE8

ARTICLE 14 - SENJORITY9

ARTICLE 15 - JOB POSTINGS 10

ARTICLE 16 - LAY-OFF AND RECALL 11

ARTICLE 17 - LEAVES OF ABSENCE 12

1701 PREGNANCYADOPTION AND PARENTAL LEAVE UNDER THE EMPLOYMENT STANDARDS ACT 12 1702 BEREAVEMENT LEAVE 12 1703 JURY OR COURT VITNESS LEAVE 12 1704 SPECIAL LEAVE 13

1705 UNION LEAVE13 J 1706 GENERAL LEAVES OF ABSENCE 13

ARTICLE 18 - BENEFIT PLNS13

1801 PENSION PLAN 13

1802 EXTENDED HEALTH GROUP LIFE AND DENTAL PLANS 14

bull bull 1803 SHORT TERM DISABILITY 14 1804 LONG TERM DISABILITY PLAN 15

ARTICLE 19 - HOURS OF WORK amp OVERTIME 15

1901 HOURS OF WORK 15 1903 BREAK PERIODS 15 1905 CALLBACK 16 1906 OVERTIME AUTHORIZATTON 16 1907 DEFINlTION OF OVERTIME 16 1908 OVERTIME RATES 16 1909 PROCEDURE 16 1910 PAYMENT 16

ARTICLE 20- PAYMENT OF WAGES amp ALLOWANCES 17

2003 TRAVEL ALLOWANCES 17 2005 CLOTHING ALLOWANCE 17 2006 ACTING PAY ~ 18

2007 ON-CALL 18

ARTICLE 21- VACATIONS 18

ARTICLE 22 - STATUTORY HOLIDAYS 19

ARTICLE 23 - OCCUPATIONAL CLASSIFICATIONS 20

ARTICLE 24 - SEXUAL HARASS~NT 20

ARTICLE 25 - GElERAL 21

2501 PROFESSIONAL DEVELOPMENT 21 2502 ORIENTATION FOR NEW EMPLOYEES 21

ARTICLE 26 - TERlVl OF AGREE~NT21

SCHEDULE A - SALARY GRID 23

bull bull DEFINITIONS

BOARD The Board is defined as the Moosonee Roman Catholic Separate School Board and is

- bullf the Employer

CASUAL HELP Casual help is defined as a person or persons whose work is performed for less than one third of the normal work period that applies to similar full-time work or whose work is not performed on a regular or continuing basis

EMPLOYEE An employee is defined as a person employed by the Moosonee Roman Catholic Separate School Board who is covered by the terms of this Agreement

PROBATIONARY EMPLOYEE A regular full or part time employee who has been newly hired for a position other than cleaner or custodian shall be on probation until he has worked for a period of six months A regular full or part time employee who has been newly hired for a position as a cleaner

or as a custodian shall be on probation until he has worked for a period of three months It is understood and agreed by the Parties that probationary employees may be terminated at the sole discretion of the Board and wi not be subject to the Grievance or to the Arbitration Procedure The probationary period of an employee may be extended for a further period of not more than 60 days at the discretion of the Board

REGULAR FULL TIME EMPLOYEE A regular full time employee is defined as an employee who is not a casual employee and who is recruited to work more than 29 hours per week Monday to Saturday for a 10 month or a 12 month year

REGULAR PART TIME EMPLOYEE A regular part time employee is defined as an employee who is not a casual employee and who is recruited to work at least 15 hours and not more than 29 hours per week on a regular basis Monday to Saturday for a 10 or a 12 month year (It is agreed that the position of attendance counsellor shall be classified as a position held by a regular part time employee)

TERMINOLOGY Where a noun pronoun or adjective indicating gender or sex is used the other gender or sex shall be deemed to be included unless specifically excluded

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UNION The Union is defined as the Ontario Public Service Employees Union and its Local 663 (Moosonee Roman Catholic School Board Division)

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ARTICLE 1 - PURPOSE

101 The general purpose of this Agreement is to establish and maintain collective ~ bargaining relations between the Board and its employees to provide machinery for the prompt and equitable disposition of grievances and to establish and maintain mutually satisfactory working conditions hours of work and wages for all employees who are subject to the provisions of this Agreement

ARTICLE 2 bull RECOGNITION

201 The Board recognizes the Ontario Public Service Employees Union and its Local 663 (Moosonee Roman Catholic School Board Division) as the sole bargaining agent for all of the employees of the Moosonee Roman Catholic Separate School Board save and except the following

- Supervisors and persons above the rank of Supervisor - Board SecretaryLibrary Clerk - Students employed during the school vacation - Students employed on work experience - Persons covered by subsisting collective agreements - Casual Help

202 The Board agrees to notify the union at the Unions regional office of the name and address of any new employee within the bargaining unit

203 Related Work Experience

a) New employees may claim related work experience with previous employers It will be the responsibility of the employee to provide proof of previous related work experience to the Board within 45 calendar days of commencement of employment Only letters from previous employers signed by a person in authority setting out the position(s) held and duration of time in each position will be accepted as proof

b) An employee will only be given one year credit for previous related work experience for each full year or more worked with their previous employer

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ARTICLE 3 bull MANAGEMENT RIGHTS

301 All managerial rights are retained by the Board and remain exclusively and without limitation within the rights of the Board except as and to the extent specifically modified by this Agreement

302 In exercising its managerial rights to discipline employees the Board shall not discipline regular full-and part-time employees who have successfully completed their probation period without just cause

303 The Board agrees that the rights set forth in this Article shall not be exercised in a manner that is inconsistent with the express provisions of this Agreement

ARTICLE 4 bull UNION REPRESENTATION

401 Negotiations The Board recognizes a bargaining committee consisting of up to three (3) employees plus the Staff Representative of the Union as the Union Negotiating Committee

b) Leave of absence with no loss of pay and with no loss of credits shall be granted to an employee elected as a member of the Union Negotiating Committee The Union will reimburse the Employer for the salary and benefits paid to the employee

402 Grievances The Board recognizes the right of an employee to be represented by the Unit Steward the Staff Representative of the Union or their designate in the presentation of grievances at any stage The Union recognizes that the Unit Steward or his designate has regular duties to perform in connection with his employment Thus such representative shall obtain the permission of his Supervisor when presenting grievances or attending meetings with management involving grievance procedure Such permission shall not be unreasonably withheld

403 The parties acknowledge that other matters which are not the subject of a J grievance or the subject of negotiations may occur during the term of this

Agreement The Board Business Administrator and the Unit Steward shall endeavour to meet and to discuss such other matters

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ARTICLE 5 bull NO DISCRIMINATION

501 The Employer agrees that there will be no intimidation discrimination ~ interference restraint or coercion exercised or practised by the Employer or its representatives because of membership in the Union

502 There shall be no discrimination restraint or intimidation practised or permitted by the Employer or the Union or any of their representatives against any employee because of sex sexual orientation age marital status race colour creed criminal record national origin or political opinions

503 The Employer employees and the Union agree to conduct their affairs in accordance with the Ontario Human Rights Code

ARTICLE 6 bull UNION SECURITY

601 On date of hire each employee who is covered by this agreement may elect to become and to remain a member in good standing of the Union according to the constitution and by laws of the Union It is agreed by the Parties that all employees who are eligible to be in the Union shall pay to the Union an amount equal to the current monthly union dues in accordance with the constitution and by-laws of the Union whether such employee is a member of the Union or not so long as the Union is the recognized bargaining agent

ARTICLE 7 bull CHECK OFF OF UNION DUES

701 The deduction of Union dues shall be made by the employer from all newly hired bargaining unit employees and shall be effective from the first day of employment of such employees The Board agrees to deduct from the wages of each employee who is covered by this agreement a sum equal to the current monthly Union dues and remit monies so deducted to the Director of Financial Administration of the Union 100 Lesmill Road North York Ontario M3B 3P8 not later than the 15th day of the month following the month in which the deductions were made together with a list of employees for whom the deductions were made the amounts of each deduction and the social insurance numbers of the dues paying employees

702 The Board shall notify the Treasurer of the Union of the names addresses and social insurance numbers of new dues paying employees The Board agrees to list the annual amount of Union dues paid on all T -4 slips when issued

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703 The Union shall advise the Board in writing of the amount of its regular dues The Union further agrees to give the Board 30 days written notice of any change

in the amount of dues to be deducted

704 The Union agrees to save the Board harmless and to indemnify the Board with respect to any claim made against the Board by any employee or any group of employees arising out of the deduction of Union dues as herein provided

ARTICLE 8 - NO STRIKES OR LOCK-OUTS

801 The Union and the employees agree that there shall be no strikes as defined in the Ontario Labour Relations Act during the term of this collective agreement Similarly the Board agrees that there shall be no lockouts as defined in the Ontario Labour Relations Act during the term of this collective agreement

ARTICLE 9 - CONTRACT DISTRIBUTION

901 The Board shall provide each new employee with a copy of the current collective agreement

902 The Board shall make available to each employee a copy of this Agreement within 60 days of the signing of this Agreement by the Board and the Union

903 The Board and the Union shall share equally the reasonable cost of printing and distribution of the collective agreement

ARTICLE 10 - GRIEVANCE PROCEDURE

1001 It is the mutual desire of the parties that all complaints and grievances shall be adjusted as soon as possible

1002 A grievance under this Agreement shall be defined as a difference or a dispute by an employee a group of employees the Union or the Board arising from the interpretation application administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable The Parties agree

that all grievances shall be processed in accordance with this Article

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1003 The Board and the Union believe that many potential grievances can be resolved in an informal discussion stage Therefore an employee who believes he has a grievance may first discuss the grievance with his Supervisor within twenty (20) - working days of the incident giving rise to the grievance The employee may be accompanied by the Unit Steward if he so desires If the potential grievance is not satisfactorily resolved by the Supervisor within five (5) working days of the discussion the grievance shall be processed within a further ten (10) working days according to the procedure laid out in this Article

1004 The grievance shall a) state the name of the grievor and b) identify the grievors work location and c) outline the nature of the grievance and d) specify the date on or about which the incident giving rise to therievance

occurred and e) identify the specific clause which has been allegedly violated

misinterpreted or misapplied and the remedy requested The grievance shall be signed by the grievor

1005 Any grievance which is not commenced or carried through to the next stage of the grievance procedure by the grievor within the time specified shall be deemed to have been abandoned and no further action may be taken with respect to such grievance If the stipulated time limits are not met by the Party against whom the grievance is being lodged the grievor shall have the right to pursue the grievance at the next step of the procedure

1006 Time limits specified in this Article are mandatory and not simply directive and may only be amended by the mutual agreement in writing of both the Parties

1007 If an employee who is covered by this Agreement has a grievance the employee shall proceed with the grievance according to the following process Step 1 The employee shall submit the grievance to his Supervisor or his designate The Supervisor shall arrange a meeting with the employee within ten (10) working days of the receipt of the grievance The Supervisor shall give a decision to the grievance in writing to the Unit Steward within five (5) working days of the meeting Step 2 Failing settlement pursuant to Step 1 the Unit Steward shall have ten (10)

working days from receipt of the reply at Step 1 to process the grievance to the Board Business Administrator or hisher designate The Board Business Administrator shall give a decision to the grievance in writing to the Unit Steward within ten (10) working days after receipt of the grievance

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1008 It is understood and agreed that any dismissal or suspension grievance shall be submitted at Step 2 of the Grievance Procedure

1009 The Union may submit a grievance that is a grievance on a matter which cannot be the subject of a grievance by an individual employee in writing at Step 2 The grievance shall be processed using the same procedure as outlined in this Article except that a) the grievance shall be signed by the Unit Steward and b) the Step 2 reply shall be given to the Unit Steward

1010 The Board may submit a grievance in writing beginning at Step 2 The grievance shall be processed using the same procedure as outlined in this Article except that a) the grievance shall be signed by the Board Business Administrator or

hisher designate b) the grievance shall be submitted to the Unit Steward and c) the Unit Steward shall give hisher reply in writing to the Board Business

Administrator in accordance with the Step 2 timelines

1011 Where the Parties agree a common complaint by a group of employees may be filed as a single grievance The grievance shall be processed using the same procedure as outlined in this Article

1012 The Board recognizes the right of an employee to be represented by the Unit Steward the Staff Representative of the Union or their designate in the presentation of grievances at any stage The Union recognizes that the Unit Steward or his designate has regular duties to perform in connection with his employment Thus such representative shall obtain the permission of his Supervisor when presenting grievances or attending meetings with management involving grievance procedure Such permission shall not be unreasonably withheld

ARTICLE 11 - ARBITRATION

1101 An Arbitration Board shall be constituted and convened in the following manner a) After exhausting any grievance procedure established by this agreement

and should either Party wish to refer a grievance to arbitration a written request for arbitration shall be made by registered mail to the other Party within 20 calendar days of receipt of the written disposition in Step 2 The written request shall include the name address and phone number of the requesting Partys nominee

b) Within ten (10) calendar days of receipt of the above notice the Party receiving the notice shall forward in writing by registered mail the name and address and phone number of its nominee to the other Party

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1102 The two nominees so selected shall within ten (10) calendar days of the receipt of notice of the appointment of the second of them or at some mutually agreed upon time appoint a third person who shall be the Chairperson

1103 If the recipient of the notice fails to name an appointee within the time so limited or if the two appointees fail to agree upon a Chairperson within the time so limited the appointment shall be made by the Minister of Labour pursuant to section 45 of the Ontario Labour Relations Act dealing with expedited arbitration

1104 The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision The decision is final and binding upon the Parties arid upon any employee affected by it A decision of the majority shall be the decision of the Arbitration Board and if there is no majority the decision of the Chairperson governs

1105 Each Party shall pay the costs of its appointee to the Board of Arbitration and the two Parties shall share equally the costs of the Chairperson

1106 Expedited Arbitration Prior to applying for expedited arbitration under Section 45 of the Ontario Labour Relations Act the applying party shall notify the other Party in writing of its intent and both Parties shall attempt to reach agreement on a Chairperson If a Chairperson is not agreed upon within twenty (20) calendar days of the notification that expedited arbitration is being sought either Party may apply for a Chairperson under the Act

1107 The Arbitration Board shall have the authority only to settle disputes under the terms of the definition of grievance as outlined in Clause 1002 and will only interpret and apply this Collective Agreement to the facts of the particular grievance involved The Board of Arbitration cannot amend alter or modify this Collective Agreement nor give any decision inconsistent with it nor provide a remedy applicable to the time prior to the date of the filing of the grievance

1108 Time limits in this article are mandatory and not simply directive and may only be amended by the mutual agreement in writing of both the parties

ARTICLE 12 - HEALTH AND SAFETY

1201 Health amp Safety Committee It is the responsibility of the Employer to provide a safe and healthful working environment for all of its employees and it is incumbent upon such employees of the Employer to ensure that such an environment is maintained at all times

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1202 The Employer shall maintain a Joint Health and Safety Committee in accordance with provisions of the Occupational Health and Safety Act

1203 While alleged violations of the legislation will not be grievable the Parties will coshyoperate to facilitate any required corrective measures as provided for by the Act

ARTICLE 13 - DISCIPLINE

1301 The normal pattern of disciplinary action shall be as follows a) written reprimand b) suspension and c) discharge However any of the above steps may be omitted as a result of the seriousness of the offence

1302 When an employee is called to a meeting with his Supervisor or his designate for the purpose of imposing discipline the Unit Steward shall be informed of such meeting before it is held and may be present at such meeting if the employee so requests

1303 When an employee is disciplined he shall be advised promptly in writing by the Board of the reasons for such action The disciplinary action shall form part of the employees file along with the employees reply should one be forwarded to the Board

1304 Documentation of a disciplinary nature shall not be placed on an employees file without his prior knowledge

1305 After giving prior notice to the Board Business Administrator or hisher designate a regular full time or part-time employee shall be allowed once a year to review hisher individual personnel file in the presence of the Board Business Administrator or hisher designate Such access time shall be scheduled by the Board The employee shall have the right to respond in writing to any document contained therein Additional access to the file may be granted at the Boards discretion

1306 a) The Parties agree that the Board shall not make use of an employees disciplinary record of incidents which occurred over two years ago unless the prior disciplinary record sets out conduct which is of a similar or related nature to the current conduct for which the employee is being disciplined

b) Notwithstanding clause 1306 (a) the parties further agree that if an employees disciplinary record contains incidents which occurred over two years ago the employee cannot claim a clean disciplinary record with respect to that time period in subsequent disciplinary hearings

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ARTICLE 14 - SE~IIORITY

1401 Seniority is defined as length of service of regular full-time employees in the bargaining unit and shall include service with the Board prior to certification of the Union Seniority shall be adjusted for leaves granted during which seniority does not accumulate Seniority shall be allocated to regular part-time employees on a prorated basis

1402 Seniority in each occupational classification shall be used in determining the order of lay-offs permanent reductions in the work force and recall providing always that the remaining employee has the necessary experience qualifications and ability to perform the work

1403 The Board will maintain seniority lists by occupational classification showing each employees name the date on which the employees seniority commenced and the occupational classification In January of each year the Board will revise the seniority lists and provide copies of the revised lists to the Union and post on bulletin boards Any errors or discrepancies on the seniority list must be communicated in writing to the Board Business Administrator by March 1 of each year

1404 Newly hired probationary employees shall not attain seniority rights until they have completed the probationary period Upon satisfactory completion of the probationary period the employees name shall be added to the existing seniority list showing the seniority date as the date of hire

1405 The selections and promotions of employees to Board positions outside the bargaining unit are not covered by this Agreement In the event an employee is or has been promoted to any such position and is returned to a vacant position within the bargaining unit within six (6) months he shall be credited with the additional seniority accrued during the period he was employed outside the bargaining unit

1406 Vacancies in regular full time or part-time positions or new positions in one occupational classification may be filled by an existing employee of the Board who is in a different occupational classification In the event that the said employee does not successfully complete the probationary period in the new pOSition he shall have the right to transfer back to his old position without any loss of seniority The seniority of an employee who transfers back to his old position in his original occupational classification shall include his seniority in the old occupational classification prior to transfer plus the time served unsuccessfully in the probationary period in the new position It is understood and agreed by the parties that regular full-time and part-time employees who have successfully completed a probationary period in any occupational classification can grieve any discipline imposed on them without just cause

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1407 Seniority shall terminate when an employee 1 terminates his employment for any reason 2 is discharged and not reinstated through the grievance or arbitration process 3 is laid off for a period longer than twelve (12) consecutive months 4 is retired at the regular retirement age 5 is absent for more than three (3) working days without notifying the Board

Business Administrator and without securing a leave of absence or without giving a reason satisfactory to the Board or

6 declines more than one recall within a six (6) month period

ARTICLE 15 - JOB POSTINGS

1501 All cases of filling vacancies promotions and transfers shall be based on the following factors a) skill and the ability to perform the requirements of the position b) seniority (firstly within the relevant occupational classification and secondly

total seniority with the Employer) Where the qualifications in factor (a) are relatively equal seniority shall govern Such judgement shall be made in a fair impartial and consistent manner

1502 When a vacancy in a regular full or part-time position occurs and the position is to be filled or a new position is created within the bargaining unit the Board shall post the position in its offices and its school for a minimum of five (5) working days

1503 Employees may apply in writing within five (5) working days after the notice is posted to the Board Business Administrator for such vacancy or new position Internal applicants shall be considered first prior to outside candidates Internal applicants shall be notified in writing of the results of the competition

1504 In the event that a vacancy in a regular full or part-time position or that a new position in on occupational classification is filled by an existing employee of the Board who is in a different occupational classification the following procedure shall apply The successful employees position in his old occupational classification shall be filled only on an acting basis while the successful employee completes the probationary period in the new position (It is understood and agreed that the successful employee is on probation in the different occupational classification only) In the event that the said employee does not successfully complete the probationary period in the new position he shall have the right to transfer back to his old position without any loss of seniority (The seniority of an employee who transfers back to his old position in his original occupational classification shall include his seniority in the old occupational classification prior to transfer plus the time served unsuccessfully in the probationary period in the new position) It is understood and agreed by the parties that regular full and part~time employees who have successfully completed a probationary period in any

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occupational classification can grieve any discipline imposed on them without just cause

ARTICLE 16 - LAY-OFF AND RECALL

Definition A layoff shall be defined as a reduction in the work force It is understood and agreed by the Parties that only regular full and part time employees are covered under this Article

1601 In the event of a proposed layoff at the Moosonee Roman Catholic Seperate School Board of more tllan five (5) working days the employer will a) provide the Union Steward with no less than thiry (30) calendar days

notice of such layoff and b) meet with the Union to review the following

i) the reason causing the layoff ii) the method of implementation including the areas of cut-back and

employees to be laid off iii) the impact on employees

1602 The Parties agree that it is the Boards exclusive right to determine and to modify from time to time as may be necessary staff complement and to implement layshyoffs and recalls and to hire new employees subject only to the following conditions (a) In the event of a lay-off of employees becoming necessary in any

occupational classification this lay-off shall be carried out in such a manner as to maintain an efficient work force Employees shall be laid off in the reverse order of their seniority in that occupational classification provided that the employees retained to perform the work available during a lay-off shall be the employees who have the qualifications experience and ability to do the work available and who are willing to perform the work required

(b) No new employee will be hired until a person who is on lay-off from the relevant occupational classification and who still retains seniority has been given an opportunity for recall to all positions at a level similar to the one he held prior to the lay-off provided that such a person has the qualifications experience and ability to do the work in question

(c) Employees who are on lay-off shall be given preference for substitute or temporary assignments in their classification

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- ARTICLE 17 - LEAVES OF ABSENCE

1701 PREGNANCYADOPTION AND PARENTAL LEAVE UNDER THE EMPLOYMENT STANDARDS ACT a) The Board shall grant to each employee pregnancy andor parental leave in

accordance with the Employment Standards Act provided the employee is eligible for the said leave under the Employment Standards Act

b) The Board shall make available to each employee a copy of the relevant sections of the Employment Standards Act setting out the above leaves

c) Subject to the Boards approval leave under Article 1701 may be extended up to one (1) year

d) During leave under 1701 an employee will continue to accumulate seniority with the Board

1702 Bereavement Leave a) When death occurs in the immediate family of an employee who has

acquired seniority he shall be granted not more than five (5) working days paid leave of absence An employee shall be granted an additional two (2) days paid leave of absence for the purpose of travel and attending the funeral out of town The employee must provide the Employer with proof that the funeral is out of town Immediate family is defined as mother father son daughter spouse legal guardian brother sister and legally adopted child

b) When death occurs in the family of an employee who has acquired seniority he shall be granted not more than three (3) working days paid leave of absence An employee shall be granted an additional two (2) days paid leave of absence for the purpose of travel and attending the funeral out of town The employee must provide the Employer with proof that the funeral it out of town Family is defined as grand parent sister or brothershyin-law daughter or son-in-law mother-in-law or father-in-law uncle or aunt

c) Regular part-time employees shall be entitled to bereavement leave for scheduled work day or days it coincides with on a prorated basis

1703 Jury or Court Witness Leave Regular full-time employees shall be entitled to the following Special leave with pay may be granted when an employee is required to appear in court by reason of a summons to serve as a juror or by reason of a subpoena

to be a witness in any proceeding to which the employee is nota party or one of the persons charged The employee shall submit to the Board a certificate signed by a court representative testifying to his presence at court and remit any fee (excluding expenses) the employee received from the court Time spent by an employee required to serve as court witness in any matter rising out of his employment shall be considered as time worked at the appropriate rate of pay Regular part-time employees shall be entitled to Jury and Court Witness Leave for scheduled work day or days it coincides with on a prorated basis

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1704 Special Leave Regular full time employees shall be entitled to the following Special leave without pay and without loss of seniority for other eventualities such as illness of immediate family member emergencies etc may be granted to an employee of the Board up to a maximum of five (5) working days in any calendar year The employee may elect to use two (2) days from their sick bank if so desired of the five (5) days allowed under this article

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1705 Union Leave a)

(b)

A leave of absence without pay and without loss of seniority shall be granted to an employee elected or appointed to represent the Union at a union convention seminar or meeting provided i) two weeks prior notice in writing is given to the Board Business

Administrator ii) no more than one (1) employee is on leave for union activities at any

one time and iii) the total aggregate leave granted under this section shall not exceed

ten (10) working days in one calendar year When an employee is elected or appointed to a full-time position with OPSEU or with an organization to which OPSEU is affiliated the Board shall grant leave of absence without pay Said leave shall only be granted to one employee at anyone period of time and said leave shall not exceed two years in duration At the end of the said leave the employee shall be reinstated to his former position at the then current rate of pay provided the former position is still within the Board complement

1706 General Leaves of Absence Upon written request with ten (10) days advanced notice the Business Administrator may grant leaves of absence without pay to an employee for a reasonable length of time providing adequate coverage for their pOSition is available Permission to take a requested leave of absence shall be confirmed in writing

1707 Seniority shall continue to accumulate during any paid leave

ARTICLE 18 BENEFIT PLANS

1801 Pension Plan The Board and all eligible employees shall make contributions towards the Ontario Municipal Employees Retirement system in accordance with the legislation

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1802 Extended Health Group Life and Dental Plans The Board agrees to pay one hundred percent (100) of the cost of every eligible employees enrollment in each of the following plans or its equivalent (a) The current Extended Health Care Plan

- Prescription drug reimbursement with no deductibles - Vision care - $100 every two (2) years with no deductibles - Semi-private hospital coverage

- Supplemental Health Care with no deductibles (b) The current Group Life Insurance Plan

- $75000 per person coverage including AD amp D (c) The current Dental Care Plan

- 100 co-insurance - Current ODA rate schedule - Basic and additional services - Annual maximums per insured individual of $2000 for basic services

(d) Regular part-time employees shall bear 50 of the premium costs

1803 Short Term Disability a) Newly hired regular full time employees who have completed six (6) months

of employment with the Board shall be credited with the following sick leave credits i) 100 days of sick leave at 100 of current salary

b) On each September 1 thereafter regular full time employees shall be credited with the following sick leave credits i) 15 days of sick leave at 100 ii) any unused days of sick leave at 100 of salary from prior years to a

maximum of 15 additional days These unused sick days can be used by regular full time employees to extend the period of sick leave at 100 of salary for up to 15 additional days

c) Other than the accumulation set out in Clause 1803 (b) there shall be no accumulation of unused sick leave days

d) Regular part-time employees shall be credited with sick leave credits on a pro rata basis

e) An employee shall be required to produce a certificate from a medical practitioner for any illness in excess of three (3) working days certifying that he was unable to carry out his duties due to illness A medical certificate may be requested from the employee for any length of sick leave if prior notice is given to the employee

f) The Board reserves the right to require an employee to undergo a medical examination as required in order to ensure fitness for work

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1804 Long Term Disability Plan

The Union and the employees agree that enrollment in the OTIP Long Term Disability Plan or its equivalent shall be compulsory for all eligible employees v Each eligible employee shall pay 100 of the cost of his enrollment in the Ontario Teachers Insurance Plan or its equivalent and the said cost of enrollment shall be deducted by the Board from each eligible employees wages

ARTICLE 19 - HOURS OF WORK amp OVERTIME

1901 Hours of Work

The work week for regular full time employees shall be as follows a) Attendance Counsellor 2 hours per school day 10 month position=213

work days b) Bus driver 4 hours per school day 10 month position=213 work days c) Cleaners 320 hours a week Monday to Friday 12 month position=260

work days d) Custodian 375 hours per week Monday to Friday 12 month position=260

work days e) School Secretary 35 hours per week Monday to Friday 11 month

position=240 work days f) Teachers Aide 325 hours per week 10 month position=213 work days g) Maintenance Helper 2 hours per school day 12 month position=260 work

days h) The Employee hired on August 25 1993 shall be classified as the

Attendance CounselorBus Driver Notwithstanding 1901 (a) and (b) the workweek for this position shall be thirty (300) hours per week

1902 It is understood and agreed that a) the job positions of Custodian and Cleaner are twelve (12) month positions b) the job position of Teachers Aide is for 65 hours during each school day c) the job position of Attendance Counsellor is for two (2) hours during each

school day d) the job of School Secretary is for a minimum of eleven (11) months e) the job of Bus Driver is for four (4) hours per day

1903 Break Periods

a) Full time employees will be permitted a fifteen (15) minute rest period in each half of the normal scheduled day at a time to be decided by the Board IBusiness Administrator

b) A part time employee working continuously for a period of three and one half (35) hours will be entitled to a fifteen (15) minute rest period as above

1904 Nothing in this Agreement shall be construed as guaranteeing minimum or maximum hours of work

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1905 Call Back An employee who leaves his or her place of work and is subsequently called back to work prior to the starting time of his or her next scheduled shift shall be paid a minimum of four (40) hours pay at his or her basic hourly rate

1906 Overtime Authorization Overtime must be authorized in advance by the Business Administrator in accordance with Board guidelines

1907 Definition of Overtime

Any hours exceeding the hours specified in 1901 will be considered as overtime For all employees all hours worked on a Sunday or a statutory holiday shall be

considered as overtime Save and except for emergencies all necessary overtime shall be worked on a voluntary basis and shall be offered to employees firstly by occupational classification and secondly by seniority in the relevant occupational classification

1908 Overtime Rates It is understood and agreed that overtime will be calculated and paid under only one of the following rates a) time and one half (15) for all overtime hours worked on a week day or a

Saturday or a statutory holiday or b) double time for all hours worked on a Sunday

1909 Procedure

In order to have overtime work recognized an employee must forward a completed time sheet which has been duly authorized to the Board Business Administrator or hisher designate

1910 Payment

Overtime payments will be made to an employee only in the form of money which will be added to his pay cheque

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shyARTICLE 20- PAYMENT OF WAGES amp ALLOWANCES

2001 The hourly rate of each employee shall be determined based on the r

employees occupational classification and the years of experience with this Board in that particular occupational classification Schedule A which is attached hereto and which forms part of this Collective Agreement sets out the said hourly rates

2002 The Board shall calculate each employees wages in accordance with the above schedule a) The Board shall pay salaries and wages bi-weekly in accordance with this

Article and Schedule A to this Collective Agreement On each pay day each employee shall be provided with an itemized statement of hisher wages and other supplementary pay and deductions

b) The Employee hired on October 302002 shall receive their pay by cheque on the scheduled pay date All current and newly hired employees shall receive their pay by direct deposit to the Canadian Imperial Bank of Commerce

2003 Travel Allowances

a) The Board will pay each employee a Travel and Isolation Allowance of Three Thousand Nine Hundred and Fifty Dollars ($395000) per year payable as follows

June - $133400 December - $133300 March - $128300

b Regular part time employees shall be entitled to the above travel allowance on a prorated basis The attendance counsellor shall be paid 31 of the above travel allowance as his pro rated share The Bus driver shall be paid 61 of the above travel allowance as his pro rated share The maintenance helper shall be paid a pro rated share of the above travel allowance

2004 An employee will automatically progress from one step to the next in the salary range for his classification from the beginning of an employees first anniversary date (date of hire) or last promotion date until reaching the maximum step

2005 Clothing Allowance

a) Custodial staff will be provided with their choice of one (1) smock or one (1) ~ suit of work pants and shirt per year A second set of either work pants and shirt or smock may be purchased by the employee and reimbursed at half the cost upon submission of receipt

b) Maintenance staff will be provided with one (1) pair of steel-toed safety boots per year as required

bull bull INDEX

(EFINITIONS 4

ARTICLE 1 - PURPOSE 1

ARTICLE 2 - RECOGNITION 1

203 RELATED WORK EXPERJENCE 1

ARTICLE 3 - MANAGEMENT RIGHTS2

ARTICLE 4 - U110N REPRESENTATION 2

401 NEGOTIATlONS 2 402 GRIEVANCES 2

ARTICLE 5 - NO DISCRIMTNt TION 3

ARTICLE 6 - UNION SECURITY 3

ARTICLE 7 - CHECK OFF OF UNION DUES 3

ARTICLE 8 - NO STRIKES OR LOCK-OUTS 4

ARTICLE 9 - CONTRACT DISTRIBUTION 4

ARTICLE 10 - GRIEVANCE PROCEDURE4

Step 1 5 Step 25

ARTICLE 11 - ARBITRA TION6

1106 EXPEDITED ARBITRATION 7

ARTICLE 12 - HEALTH AND SAFETY

1201 HEALTH amp SAFETY COMMITTEE 7

ARTICLE 13 ~ DISCIPLINE8

ARTICLE 14 - SENJORITY9

ARTICLE 15 - JOB POSTINGS 10

ARTICLE 16 - LAY-OFF AND RECALL 11

ARTICLE 17 - LEAVES OF ABSENCE 12

1701 PREGNANCYADOPTION AND PARENTAL LEAVE UNDER THE EMPLOYMENT STANDARDS ACT 12 1702 BEREAVEMENT LEAVE 12 1703 JURY OR COURT VITNESS LEAVE 12 1704 SPECIAL LEAVE 13

1705 UNION LEAVE13 J 1706 GENERAL LEAVES OF ABSENCE 13

ARTICLE 18 - BENEFIT PLNS13

1801 PENSION PLAN 13

1802 EXTENDED HEALTH GROUP LIFE AND DENTAL PLANS 14

bull bull 1803 SHORT TERM DISABILITY 14 1804 LONG TERM DISABILITY PLAN 15

ARTICLE 19 - HOURS OF WORK amp OVERTIME 15

1901 HOURS OF WORK 15 1903 BREAK PERIODS 15 1905 CALLBACK 16 1906 OVERTIME AUTHORIZATTON 16 1907 DEFINlTION OF OVERTIME 16 1908 OVERTIME RATES 16 1909 PROCEDURE 16 1910 PAYMENT 16

ARTICLE 20- PAYMENT OF WAGES amp ALLOWANCES 17

2003 TRAVEL ALLOWANCES 17 2005 CLOTHING ALLOWANCE 17 2006 ACTING PAY ~ 18

2007 ON-CALL 18

ARTICLE 21- VACATIONS 18

ARTICLE 22 - STATUTORY HOLIDAYS 19

ARTICLE 23 - OCCUPATIONAL CLASSIFICATIONS 20

ARTICLE 24 - SEXUAL HARASS~NT 20

ARTICLE 25 - GElERAL 21

2501 PROFESSIONAL DEVELOPMENT 21 2502 ORIENTATION FOR NEW EMPLOYEES 21

ARTICLE 26 - TERlVl OF AGREE~NT21

SCHEDULE A - SALARY GRID 23

bull bull DEFINITIONS

BOARD The Board is defined as the Moosonee Roman Catholic Separate School Board and is

- bullf the Employer

CASUAL HELP Casual help is defined as a person or persons whose work is performed for less than one third of the normal work period that applies to similar full-time work or whose work is not performed on a regular or continuing basis

EMPLOYEE An employee is defined as a person employed by the Moosonee Roman Catholic Separate School Board who is covered by the terms of this Agreement

PROBATIONARY EMPLOYEE A regular full or part time employee who has been newly hired for a position other than cleaner or custodian shall be on probation until he has worked for a period of six months A regular full or part time employee who has been newly hired for a position as a cleaner

or as a custodian shall be on probation until he has worked for a period of three months It is understood and agreed by the Parties that probationary employees may be terminated at the sole discretion of the Board and wi not be subject to the Grievance or to the Arbitration Procedure The probationary period of an employee may be extended for a further period of not more than 60 days at the discretion of the Board

REGULAR FULL TIME EMPLOYEE A regular full time employee is defined as an employee who is not a casual employee and who is recruited to work more than 29 hours per week Monday to Saturday for a 10 month or a 12 month year

REGULAR PART TIME EMPLOYEE A regular part time employee is defined as an employee who is not a casual employee and who is recruited to work at least 15 hours and not more than 29 hours per week on a regular basis Monday to Saturday for a 10 or a 12 month year (It is agreed that the position of attendance counsellor shall be classified as a position held by a regular part time employee)

TERMINOLOGY Where a noun pronoun or adjective indicating gender or sex is used the other gender or sex shall be deemed to be included unless specifically excluded

I

UNION The Union is defined as the Ontario Public Service Employees Union and its Local 663 (Moosonee Roman Catholic School Board Division)

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ARTICLE 1 - PURPOSE

101 The general purpose of this Agreement is to establish and maintain collective ~ bargaining relations between the Board and its employees to provide machinery for the prompt and equitable disposition of grievances and to establish and maintain mutually satisfactory working conditions hours of work and wages for all employees who are subject to the provisions of this Agreement

ARTICLE 2 bull RECOGNITION

201 The Board recognizes the Ontario Public Service Employees Union and its Local 663 (Moosonee Roman Catholic School Board Division) as the sole bargaining agent for all of the employees of the Moosonee Roman Catholic Separate School Board save and except the following

- Supervisors and persons above the rank of Supervisor - Board SecretaryLibrary Clerk - Students employed during the school vacation - Students employed on work experience - Persons covered by subsisting collective agreements - Casual Help

202 The Board agrees to notify the union at the Unions regional office of the name and address of any new employee within the bargaining unit

203 Related Work Experience

a) New employees may claim related work experience with previous employers It will be the responsibility of the employee to provide proof of previous related work experience to the Board within 45 calendar days of commencement of employment Only letters from previous employers signed by a person in authority setting out the position(s) held and duration of time in each position will be accepted as proof

b) An employee will only be given one year credit for previous related work experience for each full year or more worked with their previous employer

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ARTICLE 3 bull MANAGEMENT RIGHTS

301 All managerial rights are retained by the Board and remain exclusively and without limitation within the rights of the Board except as and to the extent specifically modified by this Agreement

302 In exercising its managerial rights to discipline employees the Board shall not discipline regular full-and part-time employees who have successfully completed their probation period without just cause

303 The Board agrees that the rights set forth in this Article shall not be exercised in a manner that is inconsistent with the express provisions of this Agreement

ARTICLE 4 bull UNION REPRESENTATION

401 Negotiations The Board recognizes a bargaining committee consisting of up to three (3) employees plus the Staff Representative of the Union as the Union Negotiating Committee

b) Leave of absence with no loss of pay and with no loss of credits shall be granted to an employee elected as a member of the Union Negotiating Committee The Union will reimburse the Employer for the salary and benefits paid to the employee

402 Grievances The Board recognizes the right of an employee to be represented by the Unit Steward the Staff Representative of the Union or their designate in the presentation of grievances at any stage The Union recognizes that the Unit Steward or his designate has regular duties to perform in connection with his employment Thus such representative shall obtain the permission of his Supervisor when presenting grievances or attending meetings with management involving grievance procedure Such permission shall not be unreasonably withheld

403 The parties acknowledge that other matters which are not the subject of a J grievance or the subject of negotiations may occur during the term of this

Agreement The Board Business Administrator and the Unit Steward shall endeavour to meet and to discuss such other matters

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ARTICLE 5 bull NO DISCRIMINATION

501 The Employer agrees that there will be no intimidation discrimination ~ interference restraint or coercion exercised or practised by the Employer or its representatives because of membership in the Union

502 There shall be no discrimination restraint or intimidation practised or permitted by the Employer or the Union or any of their representatives against any employee because of sex sexual orientation age marital status race colour creed criminal record national origin or political opinions

503 The Employer employees and the Union agree to conduct their affairs in accordance with the Ontario Human Rights Code

ARTICLE 6 bull UNION SECURITY

601 On date of hire each employee who is covered by this agreement may elect to become and to remain a member in good standing of the Union according to the constitution and by laws of the Union It is agreed by the Parties that all employees who are eligible to be in the Union shall pay to the Union an amount equal to the current monthly union dues in accordance with the constitution and by-laws of the Union whether such employee is a member of the Union or not so long as the Union is the recognized bargaining agent

ARTICLE 7 bull CHECK OFF OF UNION DUES

701 The deduction of Union dues shall be made by the employer from all newly hired bargaining unit employees and shall be effective from the first day of employment of such employees The Board agrees to deduct from the wages of each employee who is covered by this agreement a sum equal to the current monthly Union dues and remit monies so deducted to the Director of Financial Administration of the Union 100 Lesmill Road North York Ontario M3B 3P8 not later than the 15th day of the month following the month in which the deductions were made together with a list of employees for whom the deductions were made the amounts of each deduction and the social insurance numbers of the dues paying employees

702 The Board shall notify the Treasurer of the Union of the names addresses and social insurance numbers of new dues paying employees The Board agrees to list the annual amount of Union dues paid on all T -4 slips when issued

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703 The Union shall advise the Board in writing of the amount of its regular dues The Union further agrees to give the Board 30 days written notice of any change

in the amount of dues to be deducted

704 The Union agrees to save the Board harmless and to indemnify the Board with respect to any claim made against the Board by any employee or any group of employees arising out of the deduction of Union dues as herein provided

ARTICLE 8 - NO STRIKES OR LOCK-OUTS

801 The Union and the employees agree that there shall be no strikes as defined in the Ontario Labour Relations Act during the term of this collective agreement Similarly the Board agrees that there shall be no lockouts as defined in the Ontario Labour Relations Act during the term of this collective agreement

ARTICLE 9 - CONTRACT DISTRIBUTION

901 The Board shall provide each new employee with a copy of the current collective agreement

902 The Board shall make available to each employee a copy of this Agreement within 60 days of the signing of this Agreement by the Board and the Union

903 The Board and the Union shall share equally the reasonable cost of printing and distribution of the collective agreement

ARTICLE 10 - GRIEVANCE PROCEDURE

1001 It is the mutual desire of the parties that all complaints and grievances shall be adjusted as soon as possible

1002 A grievance under this Agreement shall be defined as a difference or a dispute by an employee a group of employees the Union or the Board arising from the interpretation application administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable The Parties agree

that all grievances shall be processed in accordance with this Article

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5

1003 The Board and the Union believe that many potential grievances can be resolved in an informal discussion stage Therefore an employee who believes he has a grievance may first discuss the grievance with his Supervisor within twenty (20) - working days of the incident giving rise to the grievance The employee may be accompanied by the Unit Steward if he so desires If the potential grievance is not satisfactorily resolved by the Supervisor within five (5) working days of the discussion the grievance shall be processed within a further ten (10) working days according to the procedure laid out in this Article

1004 The grievance shall a) state the name of the grievor and b) identify the grievors work location and c) outline the nature of the grievance and d) specify the date on or about which the incident giving rise to therievance

occurred and e) identify the specific clause which has been allegedly violated

misinterpreted or misapplied and the remedy requested The grievance shall be signed by the grievor

1005 Any grievance which is not commenced or carried through to the next stage of the grievance procedure by the grievor within the time specified shall be deemed to have been abandoned and no further action may be taken with respect to such grievance If the stipulated time limits are not met by the Party against whom the grievance is being lodged the grievor shall have the right to pursue the grievance at the next step of the procedure

1006 Time limits specified in this Article are mandatory and not simply directive and may only be amended by the mutual agreement in writing of both the Parties

1007 If an employee who is covered by this Agreement has a grievance the employee shall proceed with the grievance according to the following process Step 1 The employee shall submit the grievance to his Supervisor or his designate The Supervisor shall arrange a meeting with the employee within ten (10) working days of the receipt of the grievance The Supervisor shall give a decision to the grievance in writing to the Unit Steward within five (5) working days of the meeting Step 2 Failing settlement pursuant to Step 1 the Unit Steward shall have ten (10)

working days from receipt of the reply at Step 1 to process the grievance to the Board Business Administrator or hisher designate The Board Business Administrator shall give a decision to the grievance in writing to the Unit Steward within ten (10) working days after receipt of the grievance

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r

1008 It is understood and agreed that any dismissal or suspension grievance shall be submitted at Step 2 of the Grievance Procedure

1009 The Union may submit a grievance that is a grievance on a matter which cannot be the subject of a grievance by an individual employee in writing at Step 2 The grievance shall be processed using the same procedure as outlined in this Article except that a) the grievance shall be signed by the Unit Steward and b) the Step 2 reply shall be given to the Unit Steward

1010 The Board may submit a grievance in writing beginning at Step 2 The grievance shall be processed using the same procedure as outlined in this Article except that a) the grievance shall be signed by the Board Business Administrator or

hisher designate b) the grievance shall be submitted to the Unit Steward and c) the Unit Steward shall give hisher reply in writing to the Board Business

Administrator in accordance with the Step 2 timelines

1011 Where the Parties agree a common complaint by a group of employees may be filed as a single grievance The grievance shall be processed using the same procedure as outlined in this Article

1012 The Board recognizes the right of an employee to be represented by the Unit Steward the Staff Representative of the Union or their designate in the presentation of grievances at any stage The Union recognizes that the Unit Steward or his designate has regular duties to perform in connection with his employment Thus such representative shall obtain the permission of his Supervisor when presenting grievances or attending meetings with management involving grievance procedure Such permission shall not be unreasonably withheld

ARTICLE 11 - ARBITRATION

1101 An Arbitration Board shall be constituted and convened in the following manner a) After exhausting any grievance procedure established by this agreement

and should either Party wish to refer a grievance to arbitration a written request for arbitration shall be made by registered mail to the other Party within 20 calendar days of receipt of the written disposition in Step 2 The written request shall include the name address and phone number of the requesting Partys nominee

b) Within ten (10) calendar days of receipt of the above notice the Party receiving the notice shall forward in writing by registered mail the name and address and phone number of its nominee to the other Party

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1102 The two nominees so selected shall within ten (10) calendar days of the receipt of notice of the appointment of the second of them or at some mutually agreed upon time appoint a third person who shall be the Chairperson

1103 If the recipient of the notice fails to name an appointee within the time so limited or if the two appointees fail to agree upon a Chairperson within the time so limited the appointment shall be made by the Minister of Labour pursuant to section 45 of the Ontario Labour Relations Act dealing with expedited arbitration

1104 The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision The decision is final and binding upon the Parties arid upon any employee affected by it A decision of the majority shall be the decision of the Arbitration Board and if there is no majority the decision of the Chairperson governs

1105 Each Party shall pay the costs of its appointee to the Board of Arbitration and the two Parties shall share equally the costs of the Chairperson

1106 Expedited Arbitration Prior to applying for expedited arbitration under Section 45 of the Ontario Labour Relations Act the applying party shall notify the other Party in writing of its intent and both Parties shall attempt to reach agreement on a Chairperson If a Chairperson is not agreed upon within twenty (20) calendar days of the notification that expedited arbitration is being sought either Party may apply for a Chairperson under the Act

1107 The Arbitration Board shall have the authority only to settle disputes under the terms of the definition of grievance as outlined in Clause 1002 and will only interpret and apply this Collective Agreement to the facts of the particular grievance involved The Board of Arbitration cannot amend alter or modify this Collective Agreement nor give any decision inconsistent with it nor provide a remedy applicable to the time prior to the date of the filing of the grievance

1108 Time limits in this article are mandatory and not simply directive and may only be amended by the mutual agreement in writing of both the parties

ARTICLE 12 - HEALTH AND SAFETY

1201 Health amp Safety Committee It is the responsibility of the Employer to provide a safe and healthful working environment for all of its employees and it is incumbent upon such employees of the Employer to ensure that such an environment is maintained at all times

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1202 The Employer shall maintain a Joint Health and Safety Committee in accordance with provisions of the Occupational Health and Safety Act

1203 While alleged violations of the legislation will not be grievable the Parties will coshyoperate to facilitate any required corrective measures as provided for by the Act

ARTICLE 13 - DISCIPLINE

1301 The normal pattern of disciplinary action shall be as follows a) written reprimand b) suspension and c) discharge However any of the above steps may be omitted as a result of the seriousness of the offence

1302 When an employee is called to a meeting with his Supervisor or his designate for the purpose of imposing discipline the Unit Steward shall be informed of such meeting before it is held and may be present at such meeting if the employee so requests

1303 When an employee is disciplined he shall be advised promptly in writing by the Board of the reasons for such action The disciplinary action shall form part of the employees file along with the employees reply should one be forwarded to the Board

1304 Documentation of a disciplinary nature shall not be placed on an employees file without his prior knowledge

1305 After giving prior notice to the Board Business Administrator or hisher designate a regular full time or part-time employee shall be allowed once a year to review hisher individual personnel file in the presence of the Board Business Administrator or hisher designate Such access time shall be scheduled by the Board The employee shall have the right to respond in writing to any document contained therein Additional access to the file may be granted at the Boards discretion

1306 a) The Parties agree that the Board shall not make use of an employees disciplinary record of incidents which occurred over two years ago unless the prior disciplinary record sets out conduct which is of a similar or related nature to the current conduct for which the employee is being disciplined

b) Notwithstanding clause 1306 (a) the parties further agree that if an employees disciplinary record contains incidents which occurred over two years ago the employee cannot claim a clean disciplinary record with respect to that time period in subsequent disciplinary hearings

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ARTICLE 14 - SE~IIORITY

1401 Seniority is defined as length of service of regular full-time employees in the bargaining unit and shall include service with the Board prior to certification of the Union Seniority shall be adjusted for leaves granted during which seniority does not accumulate Seniority shall be allocated to regular part-time employees on a prorated basis

1402 Seniority in each occupational classification shall be used in determining the order of lay-offs permanent reductions in the work force and recall providing always that the remaining employee has the necessary experience qualifications and ability to perform the work

1403 The Board will maintain seniority lists by occupational classification showing each employees name the date on which the employees seniority commenced and the occupational classification In January of each year the Board will revise the seniority lists and provide copies of the revised lists to the Union and post on bulletin boards Any errors or discrepancies on the seniority list must be communicated in writing to the Board Business Administrator by March 1 of each year

1404 Newly hired probationary employees shall not attain seniority rights until they have completed the probationary period Upon satisfactory completion of the probationary period the employees name shall be added to the existing seniority list showing the seniority date as the date of hire

1405 The selections and promotions of employees to Board positions outside the bargaining unit are not covered by this Agreement In the event an employee is or has been promoted to any such position and is returned to a vacant position within the bargaining unit within six (6) months he shall be credited with the additional seniority accrued during the period he was employed outside the bargaining unit

1406 Vacancies in regular full time or part-time positions or new positions in one occupational classification may be filled by an existing employee of the Board who is in a different occupational classification In the event that the said employee does not successfully complete the probationary period in the new pOSition he shall have the right to transfer back to his old position without any loss of seniority The seniority of an employee who transfers back to his old position in his original occupational classification shall include his seniority in the old occupational classification prior to transfer plus the time served unsuccessfully in the probationary period in the new position It is understood and agreed by the parties that regular full-time and part-time employees who have successfully completed a probationary period in any occupational classification can grieve any discipline imposed on them without just cause

F

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1407 Seniority shall terminate when an employee 1 terminates his employment for any reason 2 is discharged and not reinstated through the grievance or arbitration process 3 is laid off for a period longer than twelve (12) consecutive months 4 is retired at the regular retirement age 5 is absent for more than three (3) working days without notifying the Board

Business Administrator and without securing a leave of absence or without giving a reason satisfactory to the Board or

6 declines more than one recall within a six (6) month period

ARTICLE 15 - JOB POSTINGS

1501 All cases of filling vacancies promotions and transfers shall be based on the following factors a) skill and the ability to perform the requirements of the position b) seniority (firstly within the relevant occupational classification and secondly

total seniority with the Employer) Where the qualifications in factor (a) are relatively equal seniority shall govern Such judgement shall be made in a fair impartial and consistent manner

1502 When a vacancy in a regular full or part-time position occurs and the position is to be filled or a new position is created within the bargaining unit the Board shall post the position in its offices and its school for a minimum of five (5) working days

1503 Employees may apply in writing within five (5) working days after the notice is posted to the Board Business Administrator for such vacancy or new position Internal applicants shall be considered first prior to outside candidates Internal applicants shall be notified in writing of the results of the competition

1504 In the event that a vacancy in a regular full or part-time position or that a new position in on occupational classification is filled by an existing employee of the Board who is in a different occupational classification the following procedure shall apply The successful employees position in his old occupational classification shall be filled only on an acting basis while the successful employee completes the probationary period in the new position (It is understood and agreed that the successful employee is on probation in the different occupational classification only) In the event that the said employee does not successfully complete the probationary period in the new position he shall have the right to transfer back to his old position without any loss of seniority (The seniority of an employee who transfers back to his old position in his original occupational classification shall include his seniority in the old occupational classification prior to transfer plus the time served unsuccessfully in the probationary period in the new position) It is understood and agreed by the parties that regular full and part~time employees who have successfully completed a probationary period in any

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occupational classification can grieve any discipline imposed on them without just cause

ARTICLE 16 - LAY-OFF AND RECALL

Definition A layoff shall be defined as a reduction in the work force It is understood and agreed by the Parties that only regular full and part time employees are covered under this Article

1601 In the event of a proposed layoff at the Moosonee Roman Catholic Seperate School Board of more tllan five (5) working days the employer will a) provide the Union Steward with no less than thiry (30) calendar days

notice of such layoff and b) meet with the Union to review the following

i) the reason causing the layoff ii) the method of implementation including the areas of cut-back and

employees to be laid off iii) the impact on employees

1602 The Parties agree that it is the Boards exclusive right to determine and to modify from time to time as may be necessary staff complement and to implement layshyoffs and recalls and to hire new employees subject only to the following conditions (a) In the event of a lay-off of employees becoming necessary in any

occupational classification this lay-off shall be carried out in such a manner as to maintain an efficient work force Employees shall be laid off in the reverse order of their seniority in that occupational classification provided that the employees retained to perform the work available during a lay-off shall be the employees who have the qualifications experience and ability to do the work available and who are willing to perform the work required

(b) No new employee will be hired until a person who is on lay-off from the relevant occupational classification and who still retains seniority has been given an opportunity for recall to all positions at a level similar to the one he held prior to the lay-off provided that such a person has the qualifications experience and ability to do the work in question

(c) Employees who are on lay-off shall be given preference for substitute or temporary assignments in their classification

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- ARTICLE 17 - LEAVES OF ABSENCE

1701 PREGNANCYADOPTION AND PARENTAL LEAVE UNDER THE EMPLOYMENT STANDARDS ACT a) The Board shall grant to each employee pregnancy andor parental leave in

accordance with the Employment Standards Act provided the employee is eligible for the said leave under the Employment Standards Act

b) The Board shall make available to each employee a copy of the relevant sections of the Employment Standards Act setting out the above leaves

c) Subject to the Boards approval leave under Article 1701 may be extended up to one (1) year

d) During leave under 1701 an employee will continue to accumulate seniority with the Board

1702 Bereavement Leave a) When death occurs in the immediate family of an employee who has

acquired seniority he shall be granted not more than five (5) working days paid leave of absence An employee shall be granted an additional two (2) days paid leave of absence for the purpose of travel and attending the funeral out of town The employee must provide the Employer with proof that the funeral is out of town Immediate family is defined as mother father son daughter spouse legal guardian brother sister and legally adopted child

b) When death occurs in the family of an employee who has acquired seniority he shall be granted not more than three (3) working days paid leave of absence An employee shall be granted an additional two (2) days paid leave of absence for the purpose of travel and attending the funeral out of town The employee must provide the Employer with proof that the funeral it out of town Family is defined as grand parent sister or brothershyin-law daughter or son-in-law mother-in-law or father-in-law uncle or aunt

c) Regular part-time employees shall be entitled to bereavement leave for scheduled work day or days it coincides with on a prorated basis

1703 Jury or Court Witness Leave Regular full-time employees shall be entitled to the following Special leave with pay may be granted when an employee is required to appear in court by reason of a summons to serve as a juror or by reason of a subpoena

to be a witness in any proceeding to which the employee is nota party or one of the persons charged The employee shall submit to the Board a certificate signed by a court representative testifying to his presence at court and remit any fee (excluding expenses) the employee received from the court Time spent by an employee required to serve as court witness in any matter rising out of his employment shall be considered as time worked at the appropriate rate of pay Regular part-time employees shall be entitled to Jury and Court Witness Leave for scheduled work day or days it coincides with on a prorated basis

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1704 Special Leave Regular full time employees shall be entitled to the following Special leave without pay and without loss of seniority for other eventualities such as illness of immediate family member emergencies etc may be granted to an employee of the Board up to a maximum of five (5) working days in any calendar year The employee may elect to use two (2) days from their sick bank if so desired of the five (5) days allowed under this article

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1705 Union Leave a)

(b)

A leave of absence without pay and without loss of seniority shall be granted to an employee elected or appointed to represent the Union at a union convention seminar or meeting provided i) two weeks prior notice in writing is given to the Board Business

Administrator ii) no more than one (1) employee is on leave for union activities at any

one time and iii) the total aggregate leave granted under this section shall not exceed

ten (10) working days in one calendar year When an employee is elected or appointed to a full-time position with OPSEU or with an organization to which OPSEU is affiliated the Board shall grant leave of absence without pay Said leave shall only be granted to one employee at anyone period of time and said leave shall not exceed two years in duration At the end of the said leave the employee shall be reinstated to his former position at the then current rate of pay provided the former position is still within the Board complement

1706 General Leaves of Absence Upon written request with ten (10) days advanced notice the Business Administrator may grant leaves of absence without pay to an employee for a reasonable length of time providing adequate coverage for their pOSition is available Permission to take a requested leave of absence shall be confirmed in writing

1707 Seniority shall continue to accumulate during any paid leave

ARTICLE 18 BENEFIT PLANS

1801 Pension Plan The Board and all eligible employees shall make contributions towards the Ontario Municipal Employees Retirement system in accordance with the legislation

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1802 Extended Health Group Life and Dental Plans The Board agrees to pay one hundred percent (100) of the cost of every eligible employees enrollment in each of the following plans or its equivalent (a) The current Extended Health Care Plan

- Prescription drug reimbursement with no deductibles - Vision care - $100 every two (2) years with no deductibles - Semi-private hospital coverage

- Supplemental Health Care with no deductibles (b) The current Group Life Insurance Plan

- $75000 per person coverage including AD amp D (c) The current Dental Care Plan

- 100 co-insurance - Current ODA rate schedule - Basic and additional services - Annual maximums per insured individual of $2000 for basic services

(d) Regular part-time employees shall bear 50 of the premium costs

1803 Short Term Disability a) Newly hired regular full time employees who have completed six (6) months

of employment with the Board shall be credited with the following sick leave credits i) 100 days of sick leave at 100 of current salary

b) On each September 1 thereafter regular full time employees shall be credited with the following sick leave credits i) 15 days of sick leave at 100 ii) any unused days of sick leave at 100 of salary from prior years to a

maximum of 15 additional days These unused sick days can be used by regular full time employees to extend the period of sick leave at 100 of salary for up to 15 additional days

c) Other than the accumulation set out in Clause 1803 (b) there shall be no accumulation of unused sick leave days

d) Regular part-time employees shall be credited with sick leave credits on a pro rata basis

e) An employee shall be required to produce a certificate from a medical practitioner for any illness in excess of three (3) working days certifying that he was unable to carry out his duties due to illness A medical certificate may be requested from the employee for any length of sick leave if prior notice is given to the employee

f) The Board reserves the right to require an employee to undergo a medical examination as required in order to ensure fitness for work

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1804 Long Term Disability Plan

The Union and the employees agree that enrollment in the OTIP Long Term Disability Plan or its equivalent shall be compulsory for all eligible employees v Each eligible employee shall pay 100 of the cost of his enrollment in the Ontario Teachers Insurance Plan or its equivalent and the said cost of enrollment shall be deducted by the Board from each eligible employees wages

ARTICLE 19 - HOURS OF WORK amp OVERTIME

1901 Hours of Work

The work week for regular full time employees shall be as follows a) Attendance Counsellor 2 hours per school day 10 month position=213

work days b) Bus driver 4 hours per school day 10 month position=213 work days c) Cleaners 320 hours a week Monday to Friday 12 month position=260

work days d) Custodian 375 hours per week Monday to Friday 12 month position=260

work days e) School Secretary 35 hours per week Monday to Friday 11 month

position=240 work days f) Teachers Aide 325 hours per week 10 month position=213 work days g) Maintenance Helper 2 hours per school day 12 month position=260 work

days h) The Employee hired on August 25 1993 shall be classified as the

Attendance CounselorBus Driver Notwithstanding 1901 (a) and (b) the workweek for this position shall be thirty (300) hours per week

1902 It is understood and agreed that a) the job positions of Custodian and Cleaner are twelve (12) month positions b) the job position of Teachers Aide is for 65 hours during each school day c) the job position of Attendance Counsellor is for two (2) hours during each

school day d) the job of School Secretary is for a minimum of eleven (11) months e) the job of Bus Driver is for four (4) hours per day

1903 Break Periods

a) Full time employees will be permitted a fifteen (15) minute rest period in each half of the normal scheduled day at a time to be decided by the Board IBusiness Administrator

b) A part time employee working continuously for a period of three and one half (35) hours will be entitled to a fifteen (15) minute rest period as above

1904 Nothing in this Agreement shall be construed as guaranteeing minimum or maximum hours of work

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1905 Call Back An employee who leaves his or her place of work and is subsequently called back to work prior to the starting time of his or her next scheduled shift shall be paid a minimum of four (40) hours pay at his or her basic hourly rate

1906 Overtime Authorization Overtime must be authorized in advance by the Business Administrator in accordance with Board guidelines

1907 Definition of Overtime

Any hours exceeding the hours specified in 1901 will be considered as overtime For all employees all hours worked on a Sunday or a statutory holiday shall be

considered as overtime Save and except for emergencies all necessary overtime shall be worked on a voluntary basis and shall be offered to employees firstly by occupational classification and secondly by seniority in the relevant occupational classification

1908 Overtime Rates It is understood and agreed that overtime will be calculated and paid under only one of the following rates a) time and one half (15) for all overtime hours worked on a week day or a

Saturday or a statutory holiday or b) double time for all hours worked on a Sunday

1909 Procedure

In order to have overtime work recognized an employee must forward a completed time sheet which has been duly authorized to the Board Business Administrator or hisher designate

1910 Payment

Overtime payments will be made to an employee only in the form of money which will be added to his pay cheque

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shyARTICLE 20- PAYMENT OF WAGES amp ALLOWANCES

2001 The hourly rate of each employee shall be determined based on the r

employees occupational classification and the years of experience with this Board in that particular occupational classification Schedule A which is attached hereto and which forms part of this Collective Agreement sets out the said hourly rates

2002 The Board shall calculate each employees wages in accordance with the above schedule a) The Board shall pay salaries and wages bi-weekly in accordance with this

Article and Schedule A to this Collective Agreement On each pay day each employee shall be provided with an itemized statement of hisher wages and other supplementary pay and deductions

b) The Employee hired on October 302002 shall receive their pay by cheque on the scheduled pay date All current and newly hired employees shall receive their pay by direct deposit to the Canadian Imperial Bank of Commerce

2003 Travel Allowances

a) The Board will pay each employee a Travel and Isolation Allowance of Three Thousand Nine Hundred and Fifty Dollars ($395000) per year payable as follows

June - $133400 December - $133300 March - $128300

b Regular part time employees shall be entitled to the above travel allowance on a prorated basis The attendance counsellor shall be paid 31 of the above travel allowance as his pro rated share The Bus driver shall be paid 61 of the above travel allowance as his pro rated share The maintenance helper shall be paid a pro rated share of the above travel allowance

2004 An employee will automatically progress from one step to the next in the salary range for his classification from the beginning of an employees first anniversary date (date of hire) or last promotion date until reaching the maximum step

2005 Clothing Allowance

a) Custodial staff will be provided with their choice of one (1) smock or one (1) ~ suit of work pants and shirt per year A second set of either work pants and shirt or smock may be purchased by the employee and reimbursed at half the cost upon submission of receipt

b) Maintenance staff will be provided with one (1) pair of steel-toed safety boots per year as required

bull bull 1803 SHORT TERM DISABILITY 14 1804 LONG TERM DISABILITY PLAN 15

ARTICLE 19 - HOURS OF WORK amp OVERTIME 15

1901 HOURS OF WORK 15 1903 BREAK PERIODS 15 1905 CALLBACK 16 1906 OVERTIME AUTHORIZATTON 16 1907 DEFINlTION OF OVERTIME 16 1908 OVERTIME RATES 16 1909 PROCEDURE 16 1910 PAYMENT 16

ARTICLE 20- PAYMENT OF WAGES amp ALLOWANCES 17

2003 TRAVEL ALLOWANCES 17 2005 CLOTHING ALLOWANCE 17 2006 ACTING PAY ~ 18

2007 ON-CALL 18

ARTICLE 21- VACATIONS 18

ARTICLE 22 - STATUTORY HOLIDAYS 19

ARTICLE 23 - OCCUPATIONAL CLASSIFICATIONS 20

ARTICLE 24 - SEXUAL HARASS~NT 20

ARTICLE 25 - GElERAL 21

2501 PROFESSIONAL DEVELOPMENT 21 2502 ORIENTATION FOR NEW EMPLOYEES 21

ARTICLE 26 - TERlVl OF AGREE~NT21

SCHEDULE A - SALARY GRID 23

bull bull DEFINITIONS

BOARD The Board is defined as the Moosonee Roman Catholic Separate School Board and is

- bullf the Employer

CASUAL HELP Casual help is defined as a person or persons whose work is performed for less than one third of the normal work period that applies to similar full-time work or whose work is not performed on a regular or continuing basis

EMPLOYEE An employee is defined as a person employed by the Moosonee Roman Catholic Separate School Board who is covered by the terms of this Agreement

PROBATIONARY EMPLOYEE A regular full or part time employee who has been newly hired for a position other than cleaner or custodian shall be on probation until he has worked for a period of six months A regular full or part time employee who has been newly hired for a position as a cleaner

or as a custodian shall be on probation until he has worked for a period of three months It is understood and agreed by the Parties that probationary employees may be terminated at the sole discretion of the Board and wi not be subject to the Grievance or to the Arbitration Procedure The probationary period of an employee may be extended for a further period of not more than 60 days at the discretion of the Board

REGULAR FULL TIME EMPLOYEE A regular full time employee is defined as an employee who is not a casual employee and who is recruited to work more than 29 hours per week Monday to Saturday for a 10 month or a 12 month year

REGULAR PART TIME EMPLOYEE A regular part time employee is defined as an employee who is not a casual employee and who is recruited to work at least 15 hours and not more than 29 hours per week on a regular basis Monday to Saturday for a 10 or a 12 month year (It is agreed that the position of attendance counsellor shall be classified as a position held by a regular part time employee)

TERMINOLOGY Where a noun pronoun or adjective indicating gender or sex is used the other gender or sex shall be deemed to be included unless specifically excluded

I

UNION The Union is defined as the Ontario Public Service Employees Union and its Local 663 (Moosonee Roman Catholic School Board Division)

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ARTICLE 1 - PURPOSE

101 The general purpose of this Agreement is to establish and maintain collective ~ bargaining relations between the Board and its employees to provide machinery for the prompt and equitable disposition of grievances and to establish and maintain mutually satisfactory working conditions hours of work and wages for all employees who are subject to the provisions of this Agreement

ARTICLE 2 bull RECOGNITION

201 The Board recognizes the Ontario Public Service Employees Union and its Local 663 (Moosonee Roman Catholic School Board Division) as the sole bargaining agent for all of the employees of the Moosonee Roman Catholic Separate School Board save and except the following

- Supervisors and persons above the rank of Supervisor - Board SecretaryLibrary Clerk - Students employed during the school vacation - Students employed on work experience - Persons covered by subsisting collective agreements - Casual Help

202 The Board agrees to notify the union at the Unions regional office of the name and address of any new employee within the bargaining unit

203 Related Work Experience

a) New employees may claim related work experience with previous employers It will be the responsibility of the employee to provide proof of previous related work experience to the Board within 45 calendar days of commencement of employment Only letters from previous employers signed by a person in authority setting out the position(s) held and duration of time in each position will be accepted as proof

b) An employee will only be given one year credit for previous related work experience for each full year or more worked with their previous employer

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ARTICLE 3 bull MANAGEMENT RIGHTS

301 All managerial rights are retained by the Board and remain exclusively and without limitation within the rights of the Board except as and to the extent specifically modified by this Agreement

302 In exercising its managerial rights to discipline employees the Board shall not discipline regular full-and part-time employees who have successfully completed their probation period without just cause

303 The Board agrees that the rights set forth in this Article shall not be exercised in a manner that is inconsistent with the express provisions of this Agreement

ARTICLE 4 bull UNION REPRESENTATION

401 Negotiations The Board recognizes a bargaining committee consisting of up to three (3) employees plus the Staff Representative of the Union as the Union Negotiating Committee

b) Leave of absence with no loss of pay and with no loss of credits shall be granted to an employee elected as a member of the Union Negotiating Committee The Union will reimburse the Employer for the salary and benefits paid to the employee

402 Grievances The Board recognizes the right of an employee to be represented by the Unit Steward the Staff Representative of the Union or their designate in the presentation of grievances at any stage The Union recognizes that the Unit Steward or his designate has regular duties to perform in connection with his employment Thus such representative shall obtain the permission of his Supervisor when presenting grievances or attending meetings with management involving grievance procedure Such permission shall not be unreasonably withheld

403 The parties acknowledge that other matters which are not the subject of a J grievance or the subject of negotiations may occur during the term of this

Agreement The Board Business Administrator and the Unit Steward shall endeavour to meet and to discuss such other matters

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ARTICLE 5 bull NO DISCRIMINATION

501 The Employer agrees that there will be no intimidation discrimination ~ interference restraint or coercion exercised or practised by the Employer or its representatives because of membership in the Union

502 There shall be no discrimination restraint or intimidation practised or permitted by the Employer or the Union or any of their representatives against any employee because of sex sexual orientation age marital status race colour creed criminal record national origin or political opinions

503 The Employer employees and the Union agree to conduct their affairs in accordance with the Ontario Human Rights Code

ARTICLE 6 bull UNION SECURITY

601 On date of hire each employee who is covered by this agreement may elect to become and to remain a member in good standing of the Union according to the constitution and by laws of the Union It is agreed by the Parties that all employees who are eligible to be in the Union shall pay to the Union an amount equal to the current monthly union dues in accordance with the constitution and by-laws of the Union whether such employee is a member of the Union or not so long as the Union is the recognized bargaining agent

ARTICLE 7 bull CHECK OFF OF UNION DUES

701 The deduction of Union dues shall be made by the employer from all newly hired bargaining unit employees and shall be effective from the first day of employment of such employees The Board agrees to deduct from the wages of each employee who is covered by this agreement a sum equal to the current monthly Union dues and remit monies so deducted to the Director of Financial Administration of the Union 100 Lesmill Road North York Ontario M3B 3P8 not later than the 15th day of the month following the month in which the deductions were made together with a list of employees for whom the deductions were made the amounts of each deduction and the social insurance numbers of the dues paying employees

702 The Board shall notify the Treasurer of the Union of the names addresses and social insurance numbers of new dues paying employees The Board agrees to list the annual amount of Union dues paid on all T -4 slips when issued

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703 The Union shall advise the Board in writing of the amount of its regular dues The Union further agrees to give the Board 30 days written notice of any change

in the amount of dues to be deducted

704 The Union agrees to save the Board harmless and to indemnify the Board with respect to any claim made against the Board by any employee or any group of employees arising out of the deduction of Union dues as herein provided

ARTICLE 8 - NO STRIKES OR LOCK-OUTS

801 The Union and the employees agree that there shall be no strikes as defined in the Ontario Labour Relations Act during the term of this collective agreement Similarly the Board agrees that there shall be no lockouts as defined in the Ontario Labour Relations Act during the term of this collective agreement

ARTICLE 9 - CONTRACT DISTRIBUTION

901 The Board shall provide each new employee with a copy of the current collective agreement

902 The Board shall make available to each employee a copy of this Agreement within 60 days of the signing of this Agreement by the Board and the Union

903 The Board and the Union shall share equally the reasonable cost of printing and distribution of the collective agreement

ARTICLE 10 - GRIEVANCE PROCEDURE

1001 It is the mutual desire of the parties that all complaints and grievances shall be adjusted as soon as possible

1002 A grievance under this Agreement shall be defined as a difference or a dispute by an employee a group of employees the Union or the Board arising from the interpretation application administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable The Parties agree

that all grievances shall be processed in accordance with this Article

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5

1003 The Board and the Union believe that many potential grievances can be resolved in an informal discussion stage Therefore an employee who believes he has a grievance may first discuss the grievance with his Supervisor within twenty (20) - working days of the incident giving rise to the grievance The employee may be accompanied by the Unit Steward if he so desires If the potential grievance is not satisfactorily resolved by the Supervisor within five (5) working days of the discussion the grievance shall be processed within a further ten (10) working days according to the procedure laid out in this Article

1004 The grievance shall a) state the name of the grievor and b) identify the grievors work location and c) outline the nature of the grievance and d) specify the date on or about which the incident giving rise to therievance

occurred and e) identify the specific clause which has been allegedly violated

misinterpreted or misapplied and the remedy requested The grievance shall be signed by the grievor

1005 Any grievance which is not commenced or carried through to the next stage of the grievance procedure by the grievor within the time specified shall be deemed to have been abandoned and no further action may be taken with respect to such grievance If the stipulated time limits are not met by the Party against whom the grievance is being lodged the grievor shall have the right to pursue the grievance at the next step of the procedure

1006 Time limits specified in this Article are mandatory and not simply directive and may only be amended by the mutual agreement in writing of both the Parties

1007 If an employee who is covered by this Agreement has a grievance the employee shall proceed with the grievance according to the following process Step 1 The employee shall submit the grievance to his Supervisor or his designate The Supervisor shall arrange a meeting with the employee within ten (10) working days of the receipt of the grievance The Supervisor shall give a decision to the grievance in writing to the Unit Steward within five (5) working days of the meeting Step 2 Failing settlement pursuant to Step 1 the Unit Steward shall have ten (10)

working days from receipt of the reply at Step 1 to process the grievance to the Board Business Administrator or hisher designate The Board Business Administrator shall give a decision to the grievance in writing to the Unit Steward within ten (10) working days after receipt of the grievance

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r

1008 It is understood and agreed that any dismissal or suspension grievance shall be submitted at Step 2 of the Grievance Procedure

1009 The Union may submit a grievance that is a grievance on a matter which cannot be the subject of a grievance by an individual employee in writing at Step 2 The grievance shall be processed using the same procedure as outlined in this Article except that a) the grievance shall be signed by the Unit Steward and b) the Step 2 reply shall be given to the Unit Steward

1010 The Board may submit a grievance in writing beginning at Step 2 The grievance shall be processed using the same procedure as outlined in this Article except that a) the grievance shall be signed by the Board Business Administrator or

hisher designate b) the grievance shall be submitted to the Unit Steward and c) the Unit Steward shall give hisher reply in writing to the Board Business

Administrator in accordance with the Step 2 timelines

1011 Where the Parties agree a common complaint by a group of employees may be filed as a single grievance The grievance shall be processed using the same procedure as outlined in this Article

1012 The Board recognizes the right of an employee to be represented by the Unit Steward the Staff Representative of the Union or their designate in the presentation of grievances at any stage The Union recognizes that the Unit Steward or his designate has regular duties to perform in connection with his employment Thus such representative shall obtain the permission of his Supervisor when presenting grievances or attending meetings with management involving grievance procedure Such permission shall not be unreasonably withheld

ARTICLE 11 - ARBITRATION

1101 An Arbitration Board shall be constituted and convened in the following manner a) After exhausting any grievance procedure established by this agreement

and should either Party wish to refer a grievance to arbitration a written request for arbitration shall be made by registered mail to the other Party within 20 calendar days of receipt of the written disposition in Step 2 The written request shall include the name address and phone number of the requesting Partys nominee

b) Within ten (10) calendar days of receipt of the above notice the Party receiving the notice shall forward in writing by registered mail the name and address and phone number of its nominee to the other Party

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1102 The two nominees so selected shall within ten (10) calendar days of the receipt of notice of the appointment of the second of them or at some mutually agreed upon time appoint a third person who shall be the Chairperson

1103 If the recipient of the notice fails to name an appointee within the time so limited or if the two appointees fail to agree upon a Chairperson within the time so limited the appointment shall be made by the Minister of Labour pursuant to section 45 of the Ontario Labour Relations Act dealing with expedited arbitration

1104 The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision The decision is final and binding upon the Parties arid upon any employee affected by it A decision of the majority shall be the decision of the Arbitration Board and if there is no majority the decision of the Chairperson governs

1105 Each Party shall pay the costs of its appointee to the Board of Arbitration and the two Parties shall share equally the costs of the Chairperson

1106 Expedited Arbitration Prior to applying for expedited arbitration under Section 45 of the Ontario Labour Relations Act the applying party shall notify the other Party in writing of its intent and both Parties shall attempt to reach agreement on a Chairperson If a Chairperson is not agreed upon within twenty (20) calendar days of the notification that expedited arbitration is being sought either Party may apply for a Chairperson under the Act

1107 The Arbitration Board shall have the authority only to settle disputes under the terms of the definition of grievance as outlined in Clause 1002 and will only interpret and apply this Collective Agreement to the facts of the particular grievance involved The Board of Arbitration cannot amend alter or modify this Collective Agreement nor give any decision inconsistent with it nor provide a remedy applicable to the time prior to the date of the filing of the grievance

1108 Time limits in this article are mandatory and not simply directive and may only be amended by the mutual agreement in writing of both the parties

ARTICLE 12 - HEALTH AND SAFETY

1201 Health amp Safety Committee It is the responsibility of the Employer to provide a safe and healthful working environment for all of its employees and it is incumbent upon such employees of the Employer to ensure that such an environment is maintained at all times

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1202 The Employer shall maintain a Joint Health and Safety Committee in accordance with provisions of the Occupational Health and Safety Act

1203 While alleged violations of the legislation will not be grievable the Parties will coshyoperate to facilitate any required corrective measures as provided for by the Act

ARTICLE 13 - DISCIPLINE

1301 The normal pattern of disciplinary action shall be as follows a) written reprimand b) suspension and c) discharge However any of the above steps may be omitted as a result of the seriousness of the offence

1302 When an employee is called to a meeting with his Supervisor or his designate for the purpose of imposing discipline the Unit Steward shall be informed of such meeting before it is held and may be present at such meeting if the employee so requests

1303 When an employee is disciplined he shall be advised promptly in writing by the Board of the reasons for such action The disciplinary action shall form part of the employees file along with the employees reply should one be forwarded to the Board

1304 Documentation of a disciplinary nature shall not be placed on an employees file without his prior knowledge

1305 After giving prior notice to the Board Business Administrator or hisher designate a regular full time or part-time employee shall be allowed once a year to review hisher individual personnel file in the presence of the Board Business Administrator or hisher designate Such access time shall be scheduled by the Board The employee shall have the right to respond in writing to any document contained therein Additional access to the file may be granted at the Boards discretion

1306 a) The Parties agree that the Board shall not make use of an employees disciplinary record of incidents which occurred over two years ago unless the prior disciplinary record sets out conduct which is of a similar or related nature to the current conduct for which the employee is being disciplined

b) Notwithstanding clause 1306 (a) the parties further agree that if an employees disciplinary record contains incidents which occurred over two years ago the employee cannot claim a clean disciplinary record with respect to that time period in subsequent disciplinary hearings

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ARTICLE 14 - SE~IIORITY

1401 Seniority is defined as length of service of regular full-time employees in the bargaining unit and shall include service with the Board prior to certification of the Union Seniority shall be adjusted for leaves granted during which seniority does not accumulate Seniority shall be allocated to regular part-time employees on a prorated basis

1402 Seniority in each occupational classification shall be used in determining the order of lay-offs permanent reductions in the work force and recall providing always that the remaining employee has the necessary experience qualifications and ability to perform the work

1403 The Board will maintain seniority lists by occupational classification showing each employees name the date on which the employees seniority commenced and the occupational classification In January of each year the Board will revise the seniority lists and provide copies of the revised lists to the Union and post on bulletin boards Any errors or discrepancies on the seniority list must be communicated in writing to the Board Business Administrator by March 1 of each year

1404 Newly hired probationary employees shall not attain seniority rights until they have completed the probationary period Upon satisfactory completion of the probationary period the employees name shall be added to the existing seniority list showing the seniority date as the date of hire

1405 The selections and promotions of employees to Board positions outside the bargaining unit are not covered by this Agreement In the event an employee is or has been promoted to any such position and is returned to a vacant position within the bargaining unit within six (6) months he shall be credited with the additional seniority accrued during the period he was employed outside the bargaining unit

1406 Vacancies in regular full time or part-time positions or new positions in one occupational classification may be filled by an existing employee of the Board who is in a different occupational classification In the event that the said employee does not successfully complete the probationary period in the new pOSition he shall have the right to transfer back to his old position without any loss of seniority The seniority of an employee who transfers back to his old position in his original occupational classification shall include his seniority in the old occupational classification prior to transfer plus the time served unsuccessfully in the probationary period in the new position It is understood and agreed by the parties that regular full-time and part-time employees who have successfully completed a probationary period in any occupational classification can grieve any discipline imposed on them without just cause

F

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1407 Seniority shall terminate when an employee 1 terminates his employment for any reason 2 is discharged and not reinstated through the grievance or arbitration process 3 is laid off for a period longer than twelve (12) consecutive months 4 is retired at the regular retirement age 5 is absent for more than three (3) working days without notifying the Board

Business Administrator and without securing a leave of absence or without giving a reason satisfactory to the Board or

6 declines more than one recall within a six (6) month period

ARTICLE 15 - JOB POSTINGS

1501 All cases of filling vacancies promotions and transfers shall be based on the following factors a) skill and the ability to perform the requirements of the position b) seniority (firstly within the relevant occupational classification and secondly

total seniority with the Employer) Where the qualifications in factor (a) are relatively equal seniority shall govern Such judgement shall be made in a fair impartial and consistent manner

1502 When a vacancy in a regular full or part-time position occurs and the position is to be filled or a new position is created within the bargaining unit the Board shall post the position in its offices and its school for a minimum of five (5) working days

1503 Employees may apply in writing within five (5) working days after the notice is posted to the Board Business Administrator for such vacancy or new position Internal applicants shall be considered first prior to outside candidates Internal applicants shall be notified in writing of the results of the competition

1504 In the event that a vacancy in a regular full or part-time position or that a new position in on occupational classification is filled by an existing employee of the Board who is in a different occupational classification the following procedure shall apply The successful employees position in his old occupational classification shall be filled only on an acting basis while the successful employee completes the probationary period in the new position (It is understood and agreed that the successful employee is on probation in the different occupational classification only) In the event that the said employee does not successfully complete the probationary period in the new position he shall have the right to transfer back to his old position without any loss of seniority (The seniority of an employee who transfers back to his old position in his original occupational classification shall include his seniority in the old occupational classification prior to transfer plus the time served unsuccessfully in the probationary period in the new position) It is understood and agreed by the parties that regular full and part~time employees who have successfully completed a probationary period in any

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occupational classification can grieve any discipline imposed on them without just cause

ARTICLE 16 - LAY-OFF AND RECALL

Definition A layoff shall be defined as a reduction in the work force It is understood and agreed by the Parties that only regular full and part time employees are covered under this Article

1601 In the event of a proposed layoff at the Moosonee Roman Catholic Seperate School Board of more tllan five (5) working days the employer will a) provide the Union Steward with no less than thiry (30) calendar days

notice of such layoff and b) meet with the Union to review the following

i) the reason causing the layoff ii) the method of implementation including the areas of cut-back and

employees to be laid off iii) the impact on employees

1602 The Parties agree that it is the Boards exclusive right to determine and to modify from time to time as may be necessary staff complement and to implement layshyoffs and recalls and to hire new employees subject only to the following conditions (a) In the event of a lay-off of employees becoming necessary in any

occupational classification this lay-off shall be carried out in such a manner as to maintain an efficient work force Employees shall be laid off in the reverse order of their seniority in that occupational classification provided that the employees retained to perform the work available during a lay-off shall be the employees who have the qualifications experience and ability to do the work available and who are willing to perform the work required

(b) No new employee will be hired until a person who is on lay-off from the relevant occupational classification and who still retains seniority has been given an opportunity for recall to all positions at a level similar to the one he held prior to the lay-off provided that such a person has the qualifications experience and ability to do the work in question

(c) Employees who are on lay-off shall be given preference for substitute or temporary assignments in their classification

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- ARTICLE 17 - LEAVES OF ABSENCE

1701 PREGNANCYADOPTION AND PARENTAL LEAVE UNDER THE EMPLOYMENT STANDARDS ACT a) The Board shall grant to each employee pregnancy andor parental leave in

accordance with the Employment Standards Act provided the employee is eligible for the said leave under the Employment Standards Act

b) The Board shall make available to each employee a copy of the relevant sections of the Employment Standards Act setting out the above leaves

c) Subject to the Boards approval leave under Article 1701 may be extended up to one (1) year

d) During leave under 1701 an employee will continue to accumulate seniority with the Board

1702 Bereavement Leave a) When death occurs in the immediate family of an employee who has

acquired seniority he shall be granted not more than five (5) working days paid leave of absence An employee shall be granted an additional two (2) days paid leave of absence for the purpose of travel and attending the funeral out of town The employee must provide the Employer with proof that the funeral is out of town Immediate family is defined as mother father son daughter spouse legal guardian brother sister and legally adopted child

b) When death occurs in the family of an employee who has acquired seniority he shall be granted not more than three (3) working days paid leave of absence An employee shall be granted an additional two (2) days paid leave of absence for the purpose of travel and attending the funeral out of town The employee must provide the Employer with proof that the funeral it out of town Family is defined as grand parent sister or brothershyin-law daughter or son-in-law mother-in-law or father-in-law uncle or aunt

c) Regular part-time employees shall be entitled to bereavement leave for scheduled work day or days it coincides with on a prorated basis

1703 Jury or Court Witness Leave Regular full-time employees shall be entitled to the following Special leave with pay may be granted when an employee is required to appear in court by reason of a summons to serve as a juror or by reason of a subpoena

to be a witness in any proceeding to which the employee is nota party or one of the persons charged The employee shall submit to the Board a certificate signed by a court representative testifying to his presence at court and remit any fee (excluding expenses) the employee received from the court Time spent by an employee required to serve as court witness in any matter rising out of his employment shall be considered as time worked at the appropriate rate of pay Regular part-time employees shall be entitled to Jury and Court Witness Leave for scheduled work day or days it coincides with on a prorated basis

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1704 Special Leave Regular full time employees shall be entitled to the following Special leave without pay and without loss of seniority for other eventualities such as illness of immediate family member emergencies etc may be granted to an employee of the Board up to a maximum of five (5) working days in any calendar year The employee may elect to use two (2) days from their sick bank if so desired of the five (5) days allowed under this article

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1705 Union Leave a)

(b)

A leave of absence without pay and without loss of seniority shall be granted to an employee elected or appointed to represent the Union at a union convention seminar or meeting provided i) two weeks prior notice in writing is given to the Board Business

Administrator ii) no more than one (1) employee is on leave for union activities at any

one time and iii) the total aggregate leave granted under this section shall not exceed

ten (10) working days in one calendar year When an employee is elected or appointed to a full-time position with OPSEU or with an organization to which OPSEU is affiliated the Board shall grant leave of absence without pay Said leave shall only be granted to one employee at anyone period of time and said leave shall not exceed two years in duration At the end of the said leave the employee shall be reinstated to his former position at the then current rate of pay provided the former position is still within the Board complement

1706 General Leaves of Absence Upon written request with ten (10) days advanced notice the Business Administrator may grant leaves of absence without pay to an employee for a reasonable length of time providing adequate coverage for their pOSition is available Permission to take a requested leave of absence shall be confirmed in writing

1707 Seniority shall continue to accumulate during any paid leave

ARTICLE 18 BENEFIT PLANS

1801 Pension Plan The Board and all eligible employees shall make contributions towards the Ontario Municipal Employees Retirement system in accordance with the legislation

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1802 Extended Health Group Life and Dental Plans The Board agrees to pay one hundred percent (100) of the cost of every eligible employees enrollment in each of the following plans or its equivalent (a) The current Extended Health Care Plan

- Prescription drug reimbursement with no deductibles - Vision care - $100 every two (2) years with no deductibles - Semi-private hospital coverage

- Supplemental Health Care with no deductibles (b) The current Group Life Insurance Plan

- $75000 per person coverage including AD amp D (c) The current Dental Care Plan

- 100 co-insurance - Current ODA rate schedule - Basic and additional services - Annual maximums per insured individual of $2000 for basic services

(d) Regular part-time employees shall bear 50 of the premium costs

1803 Short Term Disability a) Newly hired regular full time employees who have completed six (6) months

of employment with the Board shall be credited with the following sick leave credits i) 100 days of sick leave at 100 of current salary

b) On each September 1 thereafter regular full time employees shall be credited with the following sick leave credits i) 15 days of sick leave at 100 ii) any unused days of sick leave at 100 of salary from prior years to a

maximum of 15 additional days These unused sick days can be used by regular full time employees to extend the period of sick leave at 100 of salary for up to 15 additional days

c) Other than the accumulation set out in Clause 1803 (b) there shall be no accumulation of unused sick leave days

d) Regular part-time employees shall be credited with sick leave credits on a pro rata basis

e) An employee shall be required to produce a certificate from a medical practitioner for any illness in excess of three (3) working days certifying that he was unable to carry out his duties due to illness A medical certificate may be requested from the employee for any length of sick leave if prior notice is given to the employee

f) The Board reserves the right to require an employee to undergo a medical examination as required in order to ensure fitness for work

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1804 Long Term Disability Plan

The Union and the employees agree that enrollment in the OTIP Long Term Disability Plan or its equivalent shall be compulsory for all eligible employees v Each eligible employee shall pay 100 of the cost of his enrollment in the Ontario Teachers Insurance Plan or its equivalent and the said cost of enrollment shall be deducted by the Board from each eligible employees wages

ARTICLE 19 - HOURS OF WORK amp OVERTIME

1901 Hours of Work

The work week for regular full time employees shall be as follows a) Attendance Counsellor 2 hours per school day 10 month position=213

work days b) Bus driver 4 hours per school day 10 month position=213 work days c) Cleaners 320 hours a week Monday to Friday 12 month position=260

work days d) Custodian 375 hours per week Monday to Friday 12 month position=260

work days e) School Secretary 35 hours per week Monday to Friday 11 month

position=240 work days f) Teachers Aide 325 hours per week 10 month position=213 work days g) Maintenance Helper 2 hours per school day 12 month position=260 work

days h) The Employee hired on August 25 1993 shall be classified as the

Attendance CounselorBus Driver Notwithstanding 1901 (a) and (b) the workweek for this position shall be thirty (300) hours per week

1902 It is understood and agreed that a) the job positions of Custodian and Cleaner are twelve (12) month positions b) the job position of Teachers Aide is for 65 hours during each school day c) the job position of Attendance Counsellor is for two (2) hours during each

school day d) the job of School Secretary is for a minimum of eleven (11) months e) the job of Bus Driver is for four (4) hours per day

1903 Break Periods

a) Full time employees will be permitted a fifteen (15) minute rest period in each half of the normal scheduled day at a time to be decided by the Board IBusiness Administrator

b) A part time employee working continuously for a period of three and one half (35) hours will be entitled to a fifteen (15) minute rest period as above

1904 Nothing in this Agreement shall be construed as guaranteeing minimum or maximum hours of work

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1905 Call Back An employee who leaves his or her place of work and is subsequently called back to work prior to the starting time of his or her next scheduled shift shall be paid a minimum of four (40) hours pay at his or her basic hourly rate

1906 Overtime Authorization Overtime must be authorized in advance by the Business Administrator in accordance with Board guidelines

1907 Definition of Overtime

Any hours exceeding the hours specified in 1901 will be considered as overtime For all employees all hours worked on a Sunday or a statutory holiday shall be

considered as overtime Save and except for emergencies all necessary overtime shall be worked on a voluntary basis and shall be offered to employees firstly by occupational classification and secondly by seniority in the relevant occupational classification

1908 Overtime Rates It is understood and agreed that overtime will be calculated and paid under only one of the following rates a) time and one half (15) for all overtime hours worked on a week day or a

Saturday or a statutory holiday or b) double time for all hours worked on a Sunday

1909 Procedure

In order to have overtime work recognized an employee must forward a completed time sheet which has been duly authorized to the Board Business Administrator or hisher designate

1910 Payment

Overtime payments will be made to an employee only in the form of money which will be added to his pay cheque

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shyARTICLE 20- PAYMENT OF WAGES amp ALLOWANCES

2001 The hourly rate of each employee shall be determined based on the r

employees occupational classification and the years of experience with this Board in that particular occupational classification Schedule A which is attached hereto and which forms part of this Collective Agreement sets out the said hourly rates

2002 The Board shall calculate each employees wages in accordance with the above schedule a) The Board shall pay salaries and wages bi-weekly in accordance with this

Article and Schedule A to this Collective Agreement On each pay day each employee shall be provided with an itemized statement of hisher wages and other supplementary pay and deductions

b) The Employee hired on October 302002 shall receive their pay by cheque on the scheduled pay date All current and newly hired employees shall receive their pay by direct deposit to the Canadian Imperial Bank of Commerce

2003 Travel Allowances

a) The Board will pay each employee a Travel and Isolation Allowance of Three Thousand Nine Hundred and Fifty Dollars ($395000) per year payable as follows

June - $133400 December - $133300 March - $128300

b Regular part time employees shall be entitled to the above travel allowance on a prorated basis The attendance counsellor shall be paid 31 of the above travel allowance as his pro rated share The Bus driver shall be paid 61 of the above travel allowance as his pro rated share The maintenance helper shall be paid a pro rated share of the above travel allowance

2004 An employee will automatically progress from one step to the next in the salary range for his classification from the beginning of an employees first anniversary date (date of hire) or last promotion date until reaching the maximum step

2005 Clothing Allowance

a) Custodial staff will be provided with their choice of one (1) smock or one (1) ~ suit of work pants and shirt per year A second set of either work pants and shirt or smock may be purchased by the employee and reimbursed at half the cost upon submission of receipt

b) Maintenance staff will be provided with one (1) pair of steel-toed safety boots per year as required

bull bull DEFINITIONS

BOARD The Board is defined as the Moosonee Roman Catholic Separate School Board and is

- bullf the Employer

CASUAL HELP Casual help is defined as a person or persons whose work is performed for less than one third of the normal work period that applies to similar full-time work or whose work is not performed on a regular or continuing basis

EMPLOYEE An employee is defined as a person employed by the Moosonee Roman Catholic Separate School Board who is covered by the terms of this Agreement

PROBATIONARY EMPLOYEE A regular full or part time employee who has been newly hired for a position other than cleaner or custodian shall be on probation until he has worked for a period of six months A regular full or part time employee who has been newly hired for a position as a cleaner

or as a custodian shall be on probation until he has worked for a period of three months It is understood and agreed by the Parties that probationary employees may be terminated at the sole discretion of the Board and wi not be subject to the Grievance or to the Arbitration Procedure The probationary period of an employee may be extended for a further period of not more than 60 days at the discretion of the Board

REGULAR FULL TIME EMPLOYEE A regular full time employee is defined as an employee who is not a casual employee and who is recruited to work more than 29 hours per week Monday to Saturday for a 10 month or a 12 month year

REGULAR PART TIME EMPLOYEE A regular part time employee is defined as an employee who is not a casual employee and who is recruited to work at least 15 hours and not more than 29 hours per week on a regular basis Monday to Saturday for a 10 or a 12 month year (It is agreed that the position of attendance counsellor shall be classified as a position held by a regular part time employee)

TERMINOLOGY Where a noun pronoun or adjective indicating gender or sex is used the other gender or sex shall be deemed to be included unless specifically excluded

I

UNION The Union is defined as the Ontario Public Service Employees Union and its Local 663 (Moosonee Roman Catholic School Board Division)

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ARTICLE 1 - PURPOSE

101 The general purpose of this Agreement is to establish and maintain collective ~ bargaining relations between the Board and its employees to provide machinery for the prompt and equitable disposition of grievances and to establish and maintain mutually satisfactory working conditions hours of work and wages for all employees who are subject to the provisions of this Agreement

ARTICLE 2 bull RECOGNITION

201 The Board recognizes the Ontario Public Service Employees Union and its Local 663 (Moosonee Roman Catholic School Board Division) as the sole bargaining agent for all of the employees of the Moosonee Roman Catholic Separate School Board save and except the following

- Supervisors and persons above the rank of Supervisor - Board SecretaryLibrary Clerk - Students employed during the school vacation - Students employed on work experience - Persons covered by subsisting collective agreements - Casual Help

202 The Board agrees to notify the union at the Unions regional office of the name and address of any new employee within the bargaining unit

203 Related Work Experience

a) New employees may claim related work experience with previous employers It will be the responsibility of the employee to provide proof of previous related work experience to the Board within 45 calendar days of commencement of employment Only letters from previous employers signed by a person in authority setting out the position(s) held and duration of time in each position will be accepted as proof

b) An employee will only be given one year credit for previous related work experience for each full year or more worked with their previous employer

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ARTICLE 3 bull MANAGEMENT RIGHTS

301 All managerial rights are retained by the Board and remain exclusively and without limitation within the rights of the Board except as and to the extent specifically modified by this Agreement

302 In exercising its managerial rights to discipline employees the Board shall not discipline regular full-and part-time employees who have successfully completed their probation period without just cause

303 The Board agrees that the rights set forth in this Article shall not be exercised in a manner that is inconsistent with the express provisions of this Agreement

ARTICLE 4 bull UNION REPRESENTATION

401 Negotiations The Board recognizes a bargaining committee consisting of up to three (3) employees plus the Staff Representative of the Union as the Union Negotiating Committee

b) Leave of absence with no loss of pay and with no loss of credits shall be granted to an employee elected as a member of the Union Negotiating Committee The Union will reimburse the Employer for the salary and benefits paid to the employee

402 Grievances The Board recognizes the right of an employee to be represented by the Unit Steward the Staff Representative of the Union or their designate in the presentation of grievances at any stage The Union recognizes that the Unit Steward or his designate has regular duties to perform in connection with his employment Thus such representative shall obtain the permission of his Supervisor when presenting grievances or attending meetings with management involving grievance procedure Such permission shall not be unreasonably withheld

403 The parties acknowledge that other matters which are not the subject of a J grievance or the subject of negotiations may occur during the term of this

Agreement The Board Business Administrator and the Unit Steward shall endeavour to meet and to discuss such other matters

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ARTICLE 5 bull NO DISCRIMINATION

501 The Employer agrees that there will be no intimidation discrimination ~ interference restraint or coercion exercised or practised by the Employer or its representatives because of membership in the Union

502 There shall be no discrimination restraint or intimidation practised or permitted by the Employer or the Union or any of their representatives against any employee because of sex sexual orientation age marital status race colour creed criminal record national origin or political opinions

503 The Employer employees and the Union agree to conduct their affairs in accordance with the Ontario Human Rights Code

ARTICLE 6 bull UNION SECURITY

601 On date of hire each employee who is covered by this agreement may elect to become and to remain a member in good standing of the Union according to the constitution and by laws of the Union It is agreed by the Parties that all employees who are eligible to be in the Union shall pay to the Union an amount equal to the current monthly union dues in accordance with the constitution and by-laws of the Union whether such employee is a member of the Union or not so long as the Union is the recognized bargaining agent

ARTICLE 7 bull CHECK OFF OF UNION DUES

701 The deduction of Union dues shall be made by the employer from all newly hired bargaining unit employees and shall be effective from the first day of employment of such employees The Board agrees to deduct from the wages of each employee who is covered by this agreement a sum equal to the current monthly Union dues and remit monies so deducted to the Director of Financial Administration of the Union 100 Lesmill Road North York Ontario M3B 3P8 not later than the 15th day of the month following the month in which the deductions were made together with a list of employees for whom the deductions were made the amounts of each deduction and the social insurance numbers of the dues paying employees

702 The Board shall notify the Treasurer of the Union of the names addresses and social insurance numbers of new dues paying employees The Board agrees to list the annual amount of Union dues paid on all T -4 slips when issued

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703 The Union shall advise the Board in writing of the amount of its regular dues The Union further agrees to give the Board 30 days written notice of any change

in the amount of dues to be deducted

704 The Union agrees to save the Board harmless and to indemnify the Board with respect to any claim made against the Board by any employee or any group of employees arising out of the deduction of Union dues as herein provided

ARTICLE 8 - NO STRIKES OR LOCK-OUTS

801 The Union and the employees agree that there shall be no strikes as defined in the Ontario Labour Relations Act during the term of this collective agreement Similarly the Board agrees that there shall be no lockouts as defined in the Ontario Labour Relations Act during the term of this collective agreement

ARTICLE 9 - CONTRACT DISTRIBUTION

901 The Board shall provide each new employee with a copy of the current collective agreement

902 The Board shall make available to each employee a copy of this Agreement within 60 days of the signing of this Agreement by the Board and the Union

903 The Board and the Union shall share equally the reasonable cost of printing and distribution of the collective agreement

ARTICLE 10 - GRIEVANCE PROCEDURE

1001 It is the mutual desire of the parties that all complaints and grievances shall be adjusted as soon as possible

1002 A grievance under this Agreement shall be defined as a difference or a dispute by an employee a group of employees the Union or the Board arising from the interpretation application administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable The Parties agree

that all grievances shall be processed in accordance with this Article

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5

1003 The Board and the Union believe that many potential grievances can be resolved in an informal discussion stage Therefore an employee who believes he has a grievance may first discuss the grievance with his Supervisor within twenty (20) - working days of the incident giving rise to the grievance The employee may be accompanied by the Unit Steward if he so desires If the potential grievance is not satisfactorily resolved by the Supervisor within five (5) working days of the discussion the grievance shall be processed within a further ten (10) working days according to the procedure laid out in this Article

1004 The grievance shall a) state the name of the grievor and b) identify the grievors work location and c) outline the nature of the grievance and d) specify the date on or about which the incident giving rise to therievance

occurred and e) identify the specific clause which has been allegedly violated

misinterpreted or misapplied and the remedy requested The grievance shall be signed by the grievor

1005 Any grievance which is not commenced or carried through to the next stage of the grievance procedure by the grievor within the time specified shall be deemed to have been abandoned and no further action may be taken with respect to such grievance If the stipulated time limits are not met by the Party against whom the grievance is being lodged the grievor shall have the right to pursue the grievance at the next step of the procedure

1006 Time limits specified in this Article are mandatory and not simply directive and may only be amended by the mutual agreement in writing of both the Parties

1007 If an employee who is covered by this Agreement has a grievance the employee shall proceed with the grievance according to the following process Step 1 The employee shall submit the grievance to his Supervisor or his designate The Supervisor shall arrange a meeting with the employee within ten (10) working days of the receipt of the grievance The Supervisor shall give a decision to the grievance in writing to the Unit Steward within five (5) working days of the meeting Step 2 Failing settlement pursuant to Step 1 the Unit Steward shall have ten (10)

working days from receipt of the reply at Step 1 to process the grievance to the Board Business Administrator or hisher designate The Board Business Administrator shall give a decision to the grievance in writing to the Unit Steward within ten (10) working days after receipt of the grievance

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r

1008 It is understood and agreed that any dismissal or suspension grievance shall be submitted at Step 2 of the Grievance Procedure

1009 The Union may submit a grievance that is a grievance on a matter which cannot be the subject of a grievance by an individual employee in writing at Step 2 The grievance shall be processed using the same procedure as outlined in this Article except that a) the grievance shall be signed by the Unit Steward and b) the Step 2 reply shall be given to the Unit Steward

1010 The Board may submit a grievance in writing beginning at Step 2 The grievance shall be processed using the same procedure as outlined in this Article except that a) the grievance shall be signed by the Board Business Administrator or

hisher designate b) the grievance shall be submitted to the Unit Steward and c) the Unit Steward shall give hisher reply in writing to the Board Business

Administrator in accordance with the Step 2 timelines

1011 Where the Parties agree a common complaint by a group of employees may be filed as a single grievance The grievance shall be processed using the same procedure as outlined in this Article

1012 The Board recognizes the right of an employee to be represented by the Unit Steward the Staff Representative of the Union or their designate in the presentation of grievances at any stage The Union recognizes that the Unit Steward or his designate has regular duties to perform in connection with his employment Thus such representative shall obtain the permission of his Supervisor when presenting grievances or attending meetings with management involving grievance procedure Such permission shall not be unreasonably withheld

ARTICLE 11 - ARBITRATION

1101 An Arbitration Board shall be constituted and convened in the following manner a) After exhausting any grievance procedure established by this agreement

and should either Party wish to refer a grievance to arbitration a written request for arbitration shall be made by registered mail to the other Party within 20 calendar days of receipt of the written disposition in Step 2 The written request shall include the name address and phone number of the requesting Partys nominee

b) Within ten (10) calendar days of receipt of the above notice the Party receiving the notice shall forward in writing by registered mail the name and address and phone number of its nominee to the other Party

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1102 The two nominees so selected shall within ten (10) calendar days of the receipt of notice of the appointment of the second of them or at some mutually agreed upon time appoint a third person who shall be the Chairperson

1103 If the recipient of the notice fails to name an appointee within the time so limited or if the two appointees fail to agree upon a Chairperson within the time so limited the appointment shall be made by the Minister of Labour pursuant to section 45 of the Ontario Labour Relations Act dealing with expedited arbitration

1104 The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision The decision is final and binding upon the Parties arid upon any employee affected by it A decision of the majority shall be the decision of the Arbitration Board and if there is no majority the decision of the Chairperson governs

1105 Each Party shall pay the costs of its appointee to the Board of Arbitration and the two Parties shall share equally the costs of the Chairperson

1106 Expedited Arbitration Prior to applying for expedited arbitration under Section 45 of the Ontario Labour Relations Act the applying party shall notify the other Party in writing of its intent and both Parties shall attempt to reach agreement on a Chairperson If a Chairperson is not agreed upon within twenty (20) calendar days of the notification that expedited arbitration is being sought either Party may apply for a Chairperson under the Act

1107 The Arbitration Board shall have the authority only to settle disputes under the terms of the definition of grievance as outlined in Clause 1002 and will only interpret and apply this Collective Agreement to the facts of the particular grievance involved The Board of Arbitration cannot amend alter or modify this Collective Agreement nor give any decision inconsistent with it nor provide a remedy applicable to the time prior to the date of the filing of the grievance

1108 Time limits in this article are mandatory and not simply directive and may only be amended by the mutual agreement in writing of both the parties

ARTICLE 12 - HEALTH AND SAFETY

1201 Health amp Safety Committee It is the responsibility of the Employer to provide a safe and healthful working environment for all of its employees and it is incumbent upon such employees of the Employer to ensure that such an environment is maintained at all times

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1202 The Employer shall maintain a Joint Health and Safety Committee in accordance with provisions of the Occupational Health and Safety Act

1203 While alleged violations of the legislation will not be grievable the Parties will coshyoperate to facilitate any required corrective measures as provided for by the Act

ARTICLE 13 - DISCIPLINE

1301 The normal pattern of disciplinary action shall be as follows a) written reprimand b) suspension and c) discharge However any of the above steps may be omitted as a result of the seriousness of the offence

1302 When an employee is called to a meeting with his Supervisor or his designate for the purpose of imposing discipline the Unit Steward shall be informed of such meeting before it is held and may be present at such meeting if the employee so requests

1303 When an employee is disciplined he shall be advised promptly in writing by the Board of the reasons for such action The disciplinary action shall form part of the employees file along with the employees reply should one be forwarded to the Board

1304 Documentation of a disciplinary nature shall not be placed on an employees file without his prior knowledge

1305 After giving prior notice to the Board Business Administrator or hisher designate a regular full time or part-time employee shall be allowed once a year to review hisher individual personnel file in the presence of the Board Business Administrator or hisher designate Such access time shall be scheduled by the Board The employee shall have the right to respond in writing to any document contained therein Additional access to the file may be granted at the Boards discretion

1306 a) The Parties agree that the Board shall not make use of an employees disciplinary record of incidents which occurred over two years ago unless the prior disciplinary record sets out conduct which is of a similar or related nature to the current conduct for which the employee is being disciplined

b) Notwithstanding clause 1306 (a) the parties further agree that if an employees disciplinary record contains incidents which occurred over two years ago the employee cannot claim a clean disciplinary record with respect to that time period in subsequent disciplinary hearings

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ARTICLE 14 - SE~IIORITY

1401 Seniority is defined as length of service of regular full-time employees in the bargaining unit and shall include service with the Board prior to certification of the Union Seniority shall be adjusted for leaves granted during which seniority does not accumulate Seniority shall be allocated to regular part-time employees on a prorated basis

1402 Seniority in each occupational classification shall be used in determining the order of lay-offs permanent reductions in the work force and recall providing always that the remaining employee has the necessary experience qualifications and ability to perform the work

1403 The Board will maintain seniority lists by occupational classification showing each employees name the date on which the employees seniority commenced and the occupational classification In January of each year the Board will revise the seniority lists and provide copies of the revised lists to the Union and post on bulletin boards Any errors or discrepancies on the seniority list must be communicated in writing to the Board Business Administrator by March 1 of each year

1404 Newly hired probationary employees shall not attain seniority rights until they have completed the probationary period Upon satisfactory completion of the probationary period the employees name shall be added to the existing seniority list showing the seniority date as the date of hire

1405 The selections and promotions of employees to Board positions outside the bargaining unit are not covered by this Agreement In the event an employee is or has been promoted to any such position and is returned to a vacant position within the bargaining unit within six (6) months he shall be credited with the additional seniority accrued during the period he was employed outside the bargaining unit

1406 Vacancies in regular full time or part-time positions or new positions in one occupational classification may be filled by an existing employee of the Board who is in a different occupational classification In the event that the said employee does not successfully complete the probationary period in the new pOSition he shall have the right to transfer back to his old position without any loss of seniority The seniority of an employee who transfers back to his old position in his original occupational classification shall include his seniority in the old occupational classification prior to transfer plus the time served unsuccessfully in the probationary period in the new position It is understood and agreed by the parties that regular full-time and part-time employees who have successfully completed a probationary period in any occupational classification can grieve any discipline imposed on them without just cause

F

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1407 Seniority shall terminate when an employee 1 terminates his employment for any reason 2 is discharged and not reinstated through the grievance or arbitration process 3 is laid off for a period longer than twelve (12) consecutive months 4 is retired at the regular retirement age 5 is absent for more than three (3) working days without notifying the Board

Business Administrator and without securing a leave of absence or without giving a reason satisfactory to the Board or

6 declines more than one recall within a six (6) month period

ARTICLE 15 - JOB POSTINGS

1501 All cases of filling vacancies promotions and transfers shall be based on the following factors a) skill and the ability to perform the requirements of the position b) seniority (firstly within the relevant occupational classification and secondly

total seniority with the Employer) Where the qualifications in factor (a) are relatively equal seniority shall govern Such judgement shall be made in a fair impartial and consistent manner

1502 When a vacancy in a regular full or part-time position occurs and the position is to be filled or a new position is created within the bargaining unit the Board shall post the position in its offices and its school for a minimum of five (5) working days

1503 Employees may apply in writing within five (5) working days after the notice is posted to the Board Business Administrator for such vacancy or new position Internal applicants shall be considered first prior to outside candidates Internal applicants shall be notified in writing of the results of the competition

1504 In the event that a vacancy in a regular full or part-time position or that a new position in on occupational classification is filled by an existing employee of the Board who is in a different occupational classification the following procedure shall apply The successful employees position in his old occupational classification shall be filled only on an acting basis while the successful employee completes the probationary period in the new position (It is understood and agreed that the successful employee is on probation in the different occupational classification only) In the event that the said employee does not successfully complete the probationary period in the new position he shall have the right to transfer back to his old position without any loss of seniority (The seniority of an employee who transfers back to his old position in his original occupational classification shall include his seniority in the old occupational classification prior to transfer plus the time served unsuccessfully in the probationary period in the new position) It is understood and agreed by the parties that regular full and part~time employees who have successfully completed a probationary period in any

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occupational classification can grieve any discipline imposed on them without just cause

ARTICLE 16 - LAY-OFF AND RECALL

Definition A layoff shall be defined as a reduction in the work force It is understood and agreed by the Parties that only regular full and part time employees are covered under this Article

1601 In the event of a proposed layoff at the Moosonee Roman Catholic Seperate School Board of more tllan five (5) working days the employer will a) provide the Union Steward with no less than thiry (30) calendar days

notice of such layoff and b) meet with the Union to review the following

i) the reason causing the layoff ii) the method of implementation including the areas of cut-back and

employees to be laid off iii) the impact on employees

1602 The Parties agree that it is the Boards exclusive right to determine and to modify from time to time as may be necessary staff complement and to implement layshyoffs and recalls and to hire new employees subject only to the following conditions (a) In the event of a lay-off of employees becoming necessary in any

occupational classification this lay-off shall be carried out in such a manner as to maintain an efficient work force Employees shall be laid off in the reverse order of their seniority in that occupational classification provided that the employees retained to perform the work available during a lay-off shall be the employees who have the qualifications experience and ability to do the work available and who are willing to perform the work required

(b) No new employee will be hired until a person who is on lay-off from the relevant occupational classification and who still retains seniority has been given an opportunity for recall to all positions at a level similar to the one he held prior to the lay-off provided that such a person has the qualifications experience and ability to do the work in question

(c) Employees who are on lay-off shall be given preference for substitute or temporary assignments in their classification

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- ARTICLE 17 - LEAVES OF ABSENCE

1701 PREGNANCYADOPTION AND PARENTAL LEAVE UNDER THE EMPLOYMENT STANDARDS ACT a) The Board shall grant to each employee pregnancy andor parental leave in

accordance with the Employment Standards Act provided the employee is eligible for the said leave under the Employment Standards Act

b) The Board shall make available to each employee a copy of the relevant sections of the Employment Standards Act setting out the above leaves

c) Subject to the Boards approval leave under Article 1701 may be extended up to one (1) year

d) During leave under 1701 an employee will continue to accumulate seniority with the Board

1702 Bereavement Leave a) When death occurs in the immediate family of an employee who has

acquired seniority he shall be granted not more than five (5) working days paid leave of absence An employee shall be granted an additional two (2) days paid leave of absence for the purpose of travel and attending the funeral out of town The employee must provide the Employer with proof that the funeral is out of town Immediate family is defined as mother father son daughter spouse legal guardian brother sister and legally adopted child

b) When death occurs in the family of an employee who has acquired seniority he shall be granted not more than three (3) working days paid leave of absence An employee shall be granted an additional two (2) days paid leave of absence for the purpose of travel and attending the funeral out of town The employee must provide the Employer with proof that the funeral it out of town Family is defined as grand parent sister or brothershyin-law daughter or son-in-law mother-in-law or father-in-law uncle or aunt

c) Regular part-time employees shall be entitled to bereavement leave for scheduled work day or days it coincides with on a prorated basis

1703 Jury or Court Witness Leave Regular full-time employees shall be entitled to the following Special leave with pay may be granted when an employee is required to appear in court by reason of a summons to serve as a juror or by reason of a subpoena

to be a witness in any proceeding to which the employee is nota party or one of the persons charged The employee shall submit to the Board a certificate signed by a court representative testifying to his presence at court and remit any fee (excluding expenses) the employee received from the court Time spent by an employee required to serve as court witness in any matter rising out of his employment shall be considered as time worked at the appropriate rate of pay Regular part-time employees shall be entitled to Jury and Court Witness Leave for scheduled work day or days it coincides with on a prorated basis

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1704 Special Leave Regular full time employees shall be entitled to the following Special leave without pay and without loss of seniority for other eventualities such as illness of immediate family member emergencies etc may be granted to an employee of the Board up to a maximum of five (5) working days in any calendar year The employee may elect to use two (2) days from their sick bank if so desired of the five (5) days allowed under this article

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1705 Union Leave a)

(b)

A leave of absence without pay and without loss of seniority shall be granted to an employee elected or appointed to represent the Union at a union convention seminar or meeting provided i) two weeks prior notice in writing is given to the Board Business

Administrator ii) no more than one (1) employee is on leave for union activities at any

one time and iii) the total aggregate leave granted under this section shall not exceed

ten (10) working days in one calendar year When an employee is elected or appointed to a full-time position with OPSEU or with an organization to which OPSEU is affiliated the Board shall grant leave of absence without pay Said leave shall only be granted to one employee at anyone period of time and said leave shall not exceed two years in duration At the end of the said leave the employee shall be reinstated to his former position at the then current rate of pay provided the former position is still within the Board complement

1706 General Leaves of Absence Upon written request with ten (10) days advanced notice the Business Administrator may grant leaves of absence without pay to an employee for a reasonable length of time providing adequate coverage for their pOSition is available Permission to take a requested leave of absence shall be confirmed in writing

1707 Seniority shall continue to accumulate during any paid leave

ARTICLE 18 BENEFIT PLANS

1801 Pension Plan The Board and all eligible employees shall make contributions towards the Ontario Municipal Employees Retirement system in accordance with the legislation

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1802 Extended Health Group Life and Dental Plans The Board agrees to pay one hundred percent (100) of the cost of every eligible employees enrollment in each of the following plans or its equivalent (a) The current Extended Health Care Plan

- Prescription drug reimbursement with no deductibles - Vision care - $100 every two (2) years with no deductibles - Semi-private hospital coverage

- Supplemental Health Care with no deductibles (b) The current Group Life Insurance Plan

- $75000 per person coverage including AD amp D (c) The current Dental Care Plan

- 100 co-insurance - Current ODA rate schedule - Basic and additional services - Annual maximums per insured individual of $2000 for basic services

(d) Regular part-time employees shall bear 50 of the premium costs

1803 Short Term Disability a) Newly hired regular full time employees who have completed six (6) months

of employment with the Board shall be credited with the following sick leave credits i) 100 days of sick leave at 100 of current salary

b) On each September 1 thereafter regular full time employees shall be credited with the following sick leave credits i) 15 days of sick leave at 100 ii) any unused days of sick leave at 100 of salary from prior years to a

maximum of 15 additional days These unused sick days can be used by regular full time employees to extend the period of sick leave at 100 of salary for up to 15 additional days

c) Other than the accumulation set out in Clause 1803 (b) there shall be no accumulation of unused sick leave days

d) Regular part-time employees shall be credited with sick leave credits on a pro rata basis

e) An employee shall be required to produce a certificate from a medical practitioner for any illness in excess of three (3) working days certifying that he was unable to carry out his duties due to illness A medical certificate may be requested from the employee for any length of sick leave if prior notice is given to the employee

f) The Board reserves the right to require an employee to undergo a medical examination as required in order to ensure fitness for work

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1804 Long Term Disability Plan

The Union and the employees agree that enrollment in the OTIP Long Term Disability Plan or its equivalent shall be compulsory for all eligible employees v Each eligible employee shall pay 100 of the cost of his enrollment in the Ontario Teachers Insurance Plan or its equivalent and the said cost of enrollment shall be deducted by the Board from each eligible employees wages

ARTICLE 19 - HOURS OF WORK amp OVERTIME

1901 Hours of Work

The work week for regular full time employees shall be as follows a) Attendance Counsellor 2 hours per school day 10 month position=213

work days b) Bus driver 4 hours per school day 10 month position=213 work days c) Cleaners 320 hours a week Monday to Friday 12 month position=260

work days d) Custodian 375 hours per week Monday to Friday 12 month position=260

work days e) School Secretary 35 hours per week Monday to Friday 11 month

position=240 work days f) Teachers Aide 325 hours per week 10 month position=213 work days g) Maintenance Helper 2 hours per school day 12 month position=260 work

days h) The Employee hired on August 25 1993 shall be classified as the

Attendance CounselorBus Driver Notwithstanding 1901 (a) and (b) the workweek for this position shall be thirty (300) hours per week

1902 It is understood and agreed that a) the job positions of Custodian and Cleaner are twelve (12) month positions b) the job position of Teachers Aide is for 65 hours during each school day c) the job position of Attendance Counsellor is for two (2) hours during each

school day d) the job of School Secretary is for a minimum of eleven (11) months e) the job of Bus Driver is for four (4) hours per day

1903 Break Periods

a) Full time employees will be permitted a fifteen (15) minute rest period in each half of the normal scheduled day at a time to be decided by the Board IBusiness Administrator

b) A part time employee working continuously for a period of three and one half (35) hours will be entitled to a fifteen (15) minute rest period as above

1904 Nothing in this Agreement shall be construed as guaranteeing minimum or maximum hours of work

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1905 Call Back An employee who leaves his or her place of work and is subsequently called back to work prior to the starting time of his or her next scheduled shift shall be paid a minimum of four (40) hours pay at his or her basic hourly rate

1906 Overtime Authorization Overtime must be authorized in advance by the Business Administrator in accordance with Board guidelines

1907 Definition of Overtime

Any hours exceeding the hours specified in 1901 will be considered as overtime For all employees all hours worked on a Sunday or a statutory holiday shall be

considered as overtime Save and except for emergencies all necessary overtime shall be worked on a voluntary basis and shall be offered to employees firstly by occupational classification and secondly by seniority in the relevant occupational classification

1908 Overtime Rates It is understood and agreed that overtime will be calculated and paid under only one of the following rates a) time and one half (15) for all overtime hours worked on a week day or a

Saturday or a statutory holiday or b) double time for all hours worked on a Sunday

1909 Procedure

In order to have overtime work recognized an employee must forward a completed time sheet which has been duly authorized to the Board Business Administrator or hisher designate

1910 Payment

Overtime payments will be made to an employee only in the form of money which will be added to his pay cheque

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shyARTICLE 20- PAYMENT OF WAGES amp ALLOWANCES

2001 The hourly rate of each employee shall be determined based on the r

employees occupational classification and the years of experience with this Board in that particular occupational classification Schedule A which is attached hereto and which forms part of this Collective Agreement sets out the said hourly rates

2002 The Board shall calculate each employees wages in accordance with the above schedule a) The Board shall pay salaries and wages bi-weekly in accordance with this

Article and Schedule A to this Collective Agreement On each pay day each employee shall be provided with an itemized statement of hisher wages and other supplementary pay and deductions

b) The Employee hired on October 302002 shall receive their pay by cheque on the scheduled pay date All current and newly hired employees shall receive their pay by direct deposit to the Canadian Imperial Bank of Commerce

2003 Travel Allowances

a) The Board will pay each employee a Travel and Isolation Allowance of Three Thousand Nine Hundred and Fifty Dollars ($395000) per year payable as follows

June - $133400 December - $133300 March - $128300

b Regular part time employees shall be entitled to the above travel allowance on a prorated basis The attendance counsellor shall be paid 31 of the above travel allowance as his pro rated share The Bus driver shall be paid 61 of the above travel allowance as his pro rated share The maintenance helper shall be paid a pro rated share of the above travel allowance

2004 An employee will automatically progress from one step to the next in the salary range for his classification from the beginning of an employees first anniversary date (date of hire) or last promotion date until reaching the maximum step

2005 Clothing Allowance

a) Custodial staff will be provided with their choice of one (1) smock or one (1) ~ suit of work pants and shirt per year A second set of either work pants and shirt or smock may be purchased by the employee and reimbursed at half the cost upon submission of receipt

b) Maintenance staff will be provided with one (1) pair of steel-toed safety boots per year as required

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ARTICLE 1 - PURPOSE

101 The general purpose of this Agreement is to establish and maintain collective ~ bargaining relations between the Board and its employees to provide machinery for the prompt and equitable disposition of grievances and to establish and maintain mutually satisfactory working conditions hours of work and wages for all employees who are subject to the provisions of this Agreement

ARTICLE 2 bull RECOGNITION

201 The Board recognizes the Ontario Public Service Employees Union and its Local 663 (Moosonee Roman Catholic School Board Division) as the sole bargaining agent for all of the employees of the Moosonee Roman Catholic Separate School Board save and except the following

- Supervisors and persons above the rank of Supervisor - Board SecretaryLibrary Clerk - Students employed during the school vacation - Students employed on work experience - Persons covered by subsisting collective agreements - Casual Help

202 The Board agrees to notify the union at the Unions regional office of the name and address of any new employee within the bargaining unit

203 Related Work Experience

a) New employees may claim related work experience with previous employers It will be the responsibility of the employee to provide proof of previous related work experience to the Board within 45 calendar days of commencement of employment Only letters from previous employers signed by a person in authority setting out the position(s) held and duration of time in each position will be accepted as proof

b) An employee will only be given one year credit for previous related work experience for each full year or more worked with their previous employer

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ARTICLE 3 bull MANAGEMENT RIGHTS

301 All managerial rights are retained by the Board and remain exclusively and without limitation within the rights of the Board except as and to the extent specifically modified by this Agreement

302 In exercising its managerial rights to discipline employees the Board shall not discipline regular full-and part-time employees who have successfully completed their probation period without just cause

303 The Board agrees that the rights set forth in this Article shall not be exercised in a manner that is inconsistent with the express provisions of this Agreement

ARTICLE 4 bull UNION REPRESENTATION

401 Negotiations The Board recognizes a bargaining committee consisting of up to three (3) employees plus the Staff Representative of the Union as the Union Negotiating Committee

b) Leave of absence with no loss of pay and with no loss of credits shall be granted to an employee elected as a member of the Union Negotiating Committee The Union will reimburse the Employer for the salary and benefits paid to the employee

402 Grievances The Board recognizes the right of an employee to be represented by the Unit Steward the Staff Representative of the Union or their designate in the presentation of grievances at any stage The Union recognizes that the Unit Steward or his designate has regular duties to perform in connection with his employment Thus such representative shall obtain the permission of his Supervisor when presenting grievances or attending meetings with management involving grievance procedure Such permission shall not be unreasonably withheld

403 The parties acknowledge that other matters which are not the subject of a J grievance or the subject of negotiations may occur during the term of this

Agreement The Board Business Administrator and the Unit Steward shall endeavour to meet and to discuss such other matters

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ARTICLE 5 bull NO DISCRIMINATION

501 The Employer agrees that there will be no intimidation discrimination ~ interference restraint or coercion exercised or practised by the Employer or its representatives because of membership in the Union

502 There shall be no discrimination restraint or intimidation practised or permitted by the Employer or the Union or any of their representatives against any employee because of sex sexual orientation age marital status race colour creed criminal record national origin or political opinions

503 The Employer employees and the Union agree to conduct their affairs in accordance with the Ontario Human Rights Code

ARTICLE 6 bull UNION SECURITY

601 On date of hire each employee who is covered by this agreement may elect to become and to remain a member in good standing of the Union according to the constitution and by laws of the Union It is agreed by the Parties that all employees who are eligible to be in the Union shall pay to the Union an amount equal to the current monthly union dues in accordance with the constitution and by-laws of the Union whether such employee is a member of the Union or not so long as the Union is the recognized bargaining agent

ARTICLE 7 bull CHECK OFF OF UNION DUES

701 The deduction of Union dues shall be made by the employer from all newly hired bargaining unit employees and shall be effective from the first day of employment of such employees The Board agrees to deduct from the wages of each employee who is covered by this agreement a sum equal to the current monthly Union dues and remit monies so deducted to the Director of Financial Administration of the Union 100 Lesmill Road North York Ontario M3B 3P8 not later than the 15th day of the month following the month in which the deductions were made together with a list of employees for whom the deductions were made the amounts of each deduction and the social insurance numbers of the dues paying employees

702 The Board shall notify the Treasurer of the Union of the names addresses and social insurance numbers of new dues paying employees The Board agrees to list the annual amount of Union dues paid on all T -4 slips when issued

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703 The Union shall advise the Board in writing of the amount of its regular dues The Union further agrees to give the Board 30 days written notice of any change

in the amount of dues to be deducted

704 The Union agrees to save the Board harmless and to indemnify the Board with respect to any claim made against the Board by any employee or any group of employees arising out of the deduction of Union dues as herein provided

ARTICLE 8 - NO STRIKES OR LOCK-OUTS

801 The Union and the employees agree that there shall be no strikes as defined in the Ontario Labour Relations Act during the term of this collective agreement Similarly the Board agrees that there shall be no lockouts as defined in the Ontario Labour Relations Act during the term of this collective agreement

ARTICLE 9 - CONTRACT DISTRIBUTION

901 The Board shall provide each new employee with a copy of the current collective agreement

902 The Board shall make available to each employee a copy of this Agreement within 60 days of the signing of this Agreement by the Board and the Union

903 The Board and the Union shall share equally the reasonable cost of printing and distribution of the collective agreement

ARTICLE 10 - GRIEVANCE PROCEDURE

1001 It is the mutual desire of the parties that all complaints and grievances shall be adjusted as soon as possible

1002 A grievance under this Agreement shall be defined as a difference or a dispute by an employee a group of employees the Union or the Board arising from the interpretation application administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable The Parties agree

that all grievances shall be processed in accordance with this Article

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1003 The Board and the Union believe that many potential grievances can be resolved in an informal discussion stage Therefore an employee who believes he has a grievance may first discuss the grievance with his Supervisor within twenty (20) - working days of the incident giving rise to the grievance The employee may be accompanied by the Unit Steward if he so desires If the potential grievance is not satisfactorily resolved by the Supervisor within five (5) working days of the discussion the grievance shall be processed within a further ten (10) working days according to the procedure laid out in this Article

1004 The grievance shall a) state the name of the grievor and b) identify the grievors work location and c) outline the nature of the grievance and d) specify the date on or about which the incident giving rise to therievance

occurred and e) identify the specific clause which has been allegedly violated

misinterpreted or misapplied and the remedy requested The grievance shall be signed by the grievor

1005 Any grievance which is not commenced or carried through to the next stage of the grievance procedure by the grievor within the time specified shall be deemed to have been abandoned and no further action may be taken with respect to such grievance If the stipulated time limits are not met by the Party against whom the grievance is being lodged the grievor shall have the right to pursue the grievance at the next step of the procedure

1006 Time limits specified in this Article are mandatory and not simply directive and may only be amended by the mutual agreement in writing of both the Parties

1007 If an employee who is covered by this Agreement has a grievance the employee shall proceed with the grievance according to the following process Step 1 The employee shall submit the grievance to his Supervisor or his designate The Supervisor shall arrange a meeting with the employee within ten (10) working days of the receipt of the grievance The Supervisor shall give a decision to the grievance in writing to the Unit Steward within five (5) working days of the meeting Step 2 Failing settlement pursuant to Step 1 the Unit Steward shall have ten (10)

working days from receipt of the reply at Step 1 to process the grievance to the Board Business Administrator or hisher designate The Board Business Administrator shall give a decision to the grievance in writing to the Unit Steward within ten (10) working days after receipt of the grievance

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1008 It is understood and agreed that any dismissal or suspension grievance shall be submitted at Step 2 of the Grievance Procedure

1009 The Union may submit a grievance that is a grievance on a matter which cannot be the subject of a grievance by an individual employee in writing at Step 2 The grievance shall be processed using the same procedure as outlined in this Article except that a) the grievance shall be signed by the Unit Steward and b) the Step 2 reply shall be given to the Unit Steward

1010 The Board may submit a grievance in writing beginning at Step 2 The grievance shall be processed using the same procedure as outlined in this Article except that a) the grievance shall be signed by the Board Business Administrator or

hisher designate b) the grievance shall be submitted to the Unit Steward and c) the Unit Steward shall give hisher reply in writing to the Board Business

Administrator in accordance with the Step 2 timelines

1011 Where the Parties agree a common complaint by a group of employees may be filed as a single grievance The grievance shall be processed using the same procedure as outlined in this Article

1012 The Board recognizes the right of an employee to be represented by the Unit Steward the Staff Representative of the Union or their designate in the presentation of grievances at any stage The Union recognizes that the Unit Steward or his designate has regular duties to perform in connection with his employment Thus such representative shall obtain the permission of his Supervisor when presenting grievances or attending meetings with management involving grievance procedure Such permission shall not be unreasonably withheld

ARTICLE 11 - ARBITRATION

1101 An Arbitration Board shall be constituted and convened in the following manner a) After exhausting any grievance procedure established by this agreement

and should either Party wish to refer a grievance to arbitration a written request for arbitration shall be made by registered mail to the other Party within 20 calendar days of receipt of the written disposition in Step 2 The written request shall include the name address and phone number of the requesting Partys nominee

b) Within ten (10) calendar days of receipt of the above notice the Party receiving the notice shall forward in writing by registered mail the name and address and phone number of its nominee to the other Party

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1102 The two nominees so selected shall within ten (10) calendar days of the receipt of notice of the appointment of the second of them or at some mutually agreed upon time appoint a third person who shall be the Chairperson

1103 If the recipient of the notice fails to name an appointee within the time so limited or if the two appointees fail to agree upon a Chairperson within the time so limited the appointment shall be made by the Minister of Labour pursuant to section 45 of the Ontario Labour Relations Act dealing with expedited arbitration

1104 The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision The decision is final and binding upon the Parties arid upon any employee affected by it A decision of the majority shall be the decision of the Arbitration Board and if there is no majority the decision of the Chairperson governs

1105 Each Party shall pay the costs of its appointee to the Board of Arbitration and the two Parties shall share equally the costs of the Chairperson

1106 Expedited Arbitration Prior to applying for expedited arbitration under Section 45 of the Ontario Labour Relations Act the applying party shall notify the other Party in writing of its intent and both Parties shall attempt to reach agreement on a Chairperson If a Chairperson is not agreed upon within twenty (20) calendar days of the notification that expedited arbitration is being sought either Party may apply for a Chairperson under the Act

1107 The Arbitration Board shall have the authority only to settle disputes under the terms of the definition of grievance as outlined in Clause 1002 and will only interpret and apply this Collective Agreement to the facts of the particular grievance involved The Board of Arbitration cannot amend alter or modify this Collective Agreement nor give any decision inconsistent with it nor provide a remedy applicable to the time prior to the date of the filing of the grievance

1108 Time limits in this article are mandatory and not simply directive and may only be amended by the mutual agreement in writing of both the parties

ARTICLE 12 - HEALTH AND SAFETY

1201 Health amp Safety Committee It is the responsibility of the Employer to provide a safe and healthful working environment for all of its employees and it is incumbent upon such employees of the Employer to ensure that such an environment is maintained at all times

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1202 The Employer shall maintain a Joint Health and Safety Committee in accordance with provisions of the Occupational Health and Safety Act

1203 While alleged violations of the legislation will not be grievable the Parties will coshyoperate to facilitate any required corrective measures as provided for by the Act

ARTICLE 13 - DISCIPLINE

1301 The normal pattern of disciplinary action shall be as follows a) written reprimand b) suspension and c) discharge However any of the above steps may be omitted as a result of the seriousness of the offence

1302 When an employee is called to a meeting with his Supervisor or his designate for the purpose of imposing discipline the Unit Steward shall be informed of such meeting before it is held and may be present at such meeting if the employee so requests

1303 When an employee is disciplined he shall be advised promptly in writing by the Board of the reasons for such action The disciplinary action shall form part of the employees file along with the employees reply should one be forwarded to the Board

1304 Documentation of a disciplinary nature shall not be placed on an employees file without his prior knowledge

1305 After giving prior notice to the Board Business Administrator or hisher designate a regular full time or part-time employee shall be allowed once a year to review hisher individual personnel file in the presence of the Board Business Administrator or hisher designate Such access time shall be scheduled by the Board The employee shall have the right to respond in writing to any document contained therein Additional access to the file may be granted at the Boards discretion

1306 a) The Parties agree that the Board shall not make use of an employees disciplinary record of incidents which occurred over two years ago unless the prior disciplinary record sets out conduct which is of a similar or related nature to the current conduct for which the employee is being disciplined

b) Notwithstanding clause 1306 (a) the parties further agree that if an employees disciplinary record contains incidents which occurred over two years ago the employee cannot claim a clean disciplinary record with respect to that time period in subsequent disciplinary hearings

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ARTICLE 14 - SE~IIORITY

1401 Seniority is defined as length of service of regular full-time employees in the bargaining unit and shall include service with the Board prior to certification of the Union Seniority shall be adjusted for leaves granted during which seniority does not accumulate Seniority shall be allocated to regular part-time employees on a prorated basis

1402 Seniority in each occupational classification shall be used in determining the order of lay-offs permanent reductions in the work force and recall providing always that the remaining employee has the necessary experience qualifications and ability to perform the work

1403 The Board will maintain seniority lists by occupational classification showing each employees name the date on which the employees seniority commenced and the occupational classification In January of each year the Board will revise the seniority lists and provide copies of the revised lists to the Union and post on bulletin boards Any errors or discrepancies on the seniority list must be communicated in writing to the Board Business Administrator by March 1 of each year

1404 Newly hired probationary employees shall not attain seniority rights until they have completed the probationary period Upon satisfactory completion of the probationary period the employees name shall be added to the existing seniority list showing the seniority date as the date of hire

1405 The selections and promotions of employees to Board positions outside the bargaining unit are not covered by this Agreement In the event an employee is or has been promoted to any such position and is returned to a vacant position within the bargaining unit within six (6) months he shall be credited with the additional seniority accrued during the period he was employed outside the bargaining unit

1406 Vacancies in regular full time or part-time positions or new positions in one occupational classification may be filled by an existing employee of the Board who is in a different occupational classification In the event that the said employee does not successfully complete the probationary period in the new pOSition he shall have the right to transfer back to his old position without any loss of seniority The seniority of an employee who transfers back to his old position in his original occupational classification shall include his seniority in the old occupational classification prior to transfer plus the time served unsuccessfully in the probationary period in the new position It is understood and agreed by the parties that regular full-time and part-time employees who have successfully completed a probationary period in any occupational classification can grieve any discipline imposed on them without just cause

F

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1407 Seniority shall terminate when an employee 1 terminates his employment for any reason 2 is discharged and not reinstated through the grievance or arbitration process 3 is laid off for a period longer than twelve (12) consecutive months 4 is retired at the regular retirement age 5 is absent for more than three (3) working days without notifying the Board

Business Administrator and without securing a leave of absence or without giving a reason satisfactory to the Board or

6 declines more than one recall within a six (6) month period

ARTICLE 15 - JOB POSTINGS

1501 All cases of filling vacancies promotions and transfers shall be based on the following factors a) skill and the ability to perform the requirements of the position b) seniority (firstly within the relevant occupational classification and secondly

total seniority with the Employer) Where the qualifications in factor (a) are relatively equal seniority shall govern Such judgement shall be made in a fair impartial and consistent manner

1502 When a vacancy in a regular full or part-time position occurs and the position is to be filled or a new position is created within the bargaining unit the Board shall post the position in its offices and its school for a minimum of five (5) working days

1503 Employees may apply in writing within five (5) working days after the notice is posted to the Board Business Administrator for such vacancy or new position Internal applicants shall be considered first prior to outside candidates Internal applicants shall be notified in writing of the results of the competition

1504 In the event that a vacancy in a regular full or part-time position or that a new position in on occupational classification is filled by an existing employee of the Board who is in a different occupational classification the following procedure shall apply The successful employees position in his old occupational classification shall be filled only on an acting basis while the successful employee completes the probationary period in the new position (It is understood and agreed that the successful employee is on probation in the different occupational classification only) In the event that the said employee does not successfully complete the probationary period in the new position he shall have the right to transfer back to his old position without any loss of seniority (The seniority of an employee who transfers back to his old position in his original occupational classification shall include his seniority in the old occupational classification prior to transfer plus the time served unsuccessfully in the probationary period in the new position) It is understood and agreed by the parties that regular full and part~time employees who have successfully completed a probationary period in any

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occupational classification can grieve any discipline imposed on them without just cause

ARTICLE 16 - LAY-OFF AND RECALL

Definition A layoff shall be defined as a reduction in the work force It is understood and agreed by the Parties that only regular full and part time employees are covered under this Article

1601 In the event of a proposed layoff at the Moosonee Roman Catholic Seperate School Board of more tllan five (5) working days the employer will a) provide the Union Steward with no less than thiry (30) calendar days

notice of such layoff and b) meet with the Union to review the following

i) the reason causing the layoff ii) the method of implementation including the areas of cut-back and

employees to be laid off iii) the impact on employees

1602 The Parties agree that it is the Boards exclusive right to determine and to modify from time to time as may be necessary staff complement and to implement layshyoffs and recalls and to hire new employees subject only to the following conditions (a) In the event of a lay-off of employees becoming necessary in any

occupational classification this lay-off shall be carried out in such a manner as to maintain an efficient work force Employees shall be laid off in the reverse order of their seniority in that occupational classification provided that the employees retained to perform the work available during a lay-off shall be the employees who have the qualifications experience and ability to do the work available and who are willing to perform the work required

(b) No new employee will be hired until a person who is on lay-off from the relevant occupational classification and who still retains seniority has been given an opportunity for recall to all positions at a level similar to the one he held prior to the lay-off provided that such a person has the qualifications experience and ability to do the work in question

(c) Employees who are on lay-off shall be given preference for substitute or temporary assignments in their classification

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- ARTICLE 17 - LEAVES OF ABSENCE

1701 PREGNANCYADOPTION AND PARENTAL LEAVE UNDER THE EMPLOYMENT STANDARDS ACT a) The Board shall grant to each employee pregnancy andor parental leave in

accordance with the Employment Standards Act provided the employee is eligible for the said leave under the Employment Standards Act

b) The Board shall make available to each employee a copy of the relevant sections of the Employment Standards Act setting out the above leaves

c) Subject to the Boards approval leave under Article 1701 may be extended up to one (1) year

d) During leave under 1701 an employee will continue to accumulate seniority with the Board

1702 Bereavement Leave a) When death occurs in the immediate family of an employee who has

acquired seniority he shall be granted not more than five (5) working days paid leave of absence An employee shall be granted an additional two (2) days paid leave of absence for the purpose of travel and attending the funeral out of town The employee must provide the Employer with proof that the funeral is out of town Immediate family is defined as mother father son daughter spouse legal guardian brother sister and legally adopted child

b) When death occurs in the family of an employee who has acquired seniority he shall be granted not more than three (3) working days paid leave of absence An employee shall be granted an additional two (2) days paid leave of absence for the purpose of travel and attending the funeral out of town The employee must provide the Employer with proof that the funeral it out of town Family is defined as grand parent sister or brothershyin-law daughter or son-in-law mother-in-law or father-in-law uncle or aunt

c) Regular part-time employees shall be entitled to bereavement leave for scheduled work day or days it coincides with on a prorated basis

1703 Jury or Court Witness Leave Regular full-time employees shall be entitled to the following Special leave with pay may be granted when an employee is required to appear in court by reason of a summons to serve as a juror or by reason of a subpoena

to be a witness in any proceeding to which the employee is nota party or one of the persons charged The employee shall submit to the Board a certificate signed by a court representative testifying to his presence at court and remit any fee (excluding expenses) the employee received from the court Time spent by an employee required to serve as court witness in any matter rising out of his employment shall be considered as time worked at the appropriate rate of pay Regular part-time employees shall be entitled to Jury and Court Witness Leave for scheduled work day or days it coincides with on a prorated basis

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1704 Special Leave Regular full time employees shall be entitled to the following Special leave without pay and without loss of seniority for other eventualities such as illness of immediate family member emergencies etc may be granted to an employee of the Board up to a maximum of five (5) working days in any calendar year The employee may elect to use two (2) days from their sick bank if so desired of the five (5) days allowed under this article

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1705 Union Leave a)

(b)

A leave of absence without pay and without loss of seniority shall be granted to an employee elected or appointed to represent the Union at a union convention seminar or meeting provided i) two weeks prior notice in writing is given to the Board Business

Administrator ii) no more than one (1) employee is on leave for union activities at any

one time and iii) the total aggregate leave granted under this section shall not exceed

ten (10) working days in one calendar year When an employee is elected or appointed to a full-time position with OPSEU or with an organization to which OPSEU is affiliated the Board shall grant leave of absence without pay Said leave shall only be granted to one employee at anyone period of time and said leave shall not exceed two years in duration At the end of the said leave the employee shall be reinstated to his former position at the then current rate of pay provided the former position is still within the Board complement

1706 General Leaves of Absence Upon written request with ten (10) days advanced notice the Business Administrator may grant leaves of absence without pay to an employee for a reasonable length of time providing adequate coverage for their pOSition is available Permission to take a requested leave of absence shall be confirmed in writing

1707 Seniority shall continue to accumulate during any paid leave

ARTICLE 18 BENEFIT PLANS

1801 Pension Plan The Board and all eligible employees shall make contributions towards the Ontario Municipal Employees Retirement system in accordance with the legislation

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1802 Extended Health Group Life and Dental Plans The Board agrees to pay one hundred percent (100) of the cost of every eligible employees enrollment in each of the following plans or its equivalent (a) The current Extended Health Care Plan

- Prescription drug reimbursement with no deductibles - Vision care - $100 every two (2) years with no deductibles - Semi-private hospital coverage

- Supplemental Health Care with no deductibles (b) The current Group Life Insurance Plan

- $75000 per person coverage including AD amp D (c) The current Dental Care Plan

- 100 co-insurance - Current ODA rate schedule - Basic and additional services - Annual maximums per insured individual of $2000 for basic services

(d) Regular part-time employees shall bear 50 of the premium costs

1803 Short Term Disability a) Newly hired regular full time employees who have completed six (6) months

of employment with the Board shall be credited with the following sick leave credits i) 100 days of sick leave at 100 of current salary

b) On each September 1 thereafter regular full time employees shall be credited with the following sick leave credits i) 15 days of sick leave at 100 ii) any unused days of sick leave at 100 of salary from prior years to a

maximum of 15 additional days These unused sick days can be used by regular full time employees to extend the period of sick leave at 100 of salary for up to 15 additional days

c) Other than the accumulation set out in Clause 1803 (b) there shall be no accumulation of unused sick leave days

d) Regular part-time employees shall be credited with sick leave credits on a pro rata basis

e) An employee shall be required to produce a certificate from a medical practitioner for any illness in excess of three (3) working days certifying that he was unable to carry out his duties due to illness A medical certificate may be requested from the employee for any length of sick leave if prior notice is given to the employee

f) The Board reserves the right to require an employee to undergo a medical examination as required in order to ensure fitness for work

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1804 Long Term Disability Plan

The Union and the employees agree that enrollment in the OTIP Long Term Disability Plan or its equivalent shall be compulsory for all eligible employees v Each eligible employee shall pay 100 of the cost of his enrollment in the Ontario Teachers Insurance Plan or its equivalent and the said cost of enrollment shall be deducted by the Board from each eligible employees wages

ARTICLE 19 - HOURS OF WORK amp OVERTIME

1901 Hours of Work

The work week for regular full time employees shall be as follows a) Attendance Counsellor 2 hours per school day 10 month position=213

work days b) Bus driver 4 hours per school day 10 month position=213 work days c) Cleaners 320 hours a week Monday to Friday 12 month position=260

work days d) Custodian 375 hours per week Monday to Friday 12 month position=260

work days e) School Secretary 35 hours per week Monday to Friday 11 month

position=240 work days f) Teachers Aide 325 hours per week 10 month position=213 work days g) Maintenance Helper 2 hours per school day 12 month position=260 work

days h) The Employee hired on August 25 1993 shall be classified as the

Attendance CounselorBus Driver Notwithstanding 1901 (a) and (b) the workweek for this position shall be thirty (300) hours per week

1902 It is understood and agreed that a) the job positions of Custodian and Cleaner are twelve (12) month positions b) the job position of Teachers Aide is for 65 hours during each school day c) the job position of Attendance Counsellor is for two (2) hours during each

school day d) the job of School Secretary is for a minimum of eleven (11) months e) the job of Bus Driver is for four (4) hours per day

1903 Break Periods

a) Full time employees will be permitted a fifteen (15) minute rest period in each half of the normal scheduled day at a time to be decided by the Board IBusiness Administrator

b) A part time employee working continuously for a period of three and one half (35) hours will be entitled to a fifteen (15) minute rest period as above

1904 Nothing in this Agreement shall be construed as guaranteeing minimum or maximum hours of work

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1905 Call Back An employee who leaves his or her place of work and is subsequently called back to work prior to the starting time of his or her next scheduled shift shall be paid a minimum of four (40) hours pay at his or her basic hourly rate

1906 Overtime Authorization Overtime must be authorized in advance by the Business Administrator in accordance with Board guidelines

1907 Definition of Overtime

Any hours exceeding the hours specified in 1901 will be considered as overtime For all employees all hours worked on a Sunday or a statutory holiday shall be

considered as overtime Save and except for emergencies all necessary overtime shall be worked on a voluntary basis and shall be offered to employees firstly by occupational classification and secondly by seniority in the relevant occupational classification

1908 Overtime Rates It is understood and agreed that overtime will be calculated and paid under only one of the following rates a) time and one half (15) for all overtime hours worked on a week day or a

Saturday or a statutory holiday or b) double time for all hours worked on a Sunday

1909 Procedure

In order to have overtime work recognized an employee must forward a completed time sheet which has been duly authorized to the Board Business Administrator or hisher designate

1910 Payment

Overtime payments will be made to an employee only in the form of money which will be added to his pay cheque

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shyARTICLE 20- PAYMENT OF WAGES amp ALLOWANCES

2001 The hourly rate of each employee shall be determined based on the r

employees occupational classification and the years of experience with this Board in that particular occupational classification Schedule A which is attached hereto and which forms part of this Collective Agreement sets out the said hourly rates

2002 The Board shall calculate each employees wages in accordance with the above schedule a) The Board shall pay salaries and wages bi-weekly in accordance with this

Article and Schedule A to this Collective Agreement On each pay day each employee shall be provided with an itemized statement of hisher wages and other supplementary pay and deductions

b) The Employee hired on October 302002 shall receive their pay by cheque on the scheduled pay date All current and newly hired employees shall receive their pay by direct deposit to the Canadian Imperial Bank of Commerce

2003 Travel Allowances

a) The Board will pay each employee a Travel and Isolation Allowance of Three Thousand Nine Hundred and Fifty Dollars ($395000) per year payable as follows

June - $133400 December - $133300 March - $128300

b Regular part time employees shall be entitled to the above travel allowance on a prorated basis The attendance counsellor shall be paid 31 of the above travel allowance as his pro rated share The Bus driver shall be paid 61 of the above travel allowance as his pro rated share The maintenance helper shall be paid a pro rated share of the above travel allowance

2004 An employee will automatically progress from one step to the next in the salary range for his classification from the beginning of an employees first anniversary date (date of hire) or last promotion date until reaching the maximum step

2005 Clothing Allowance

a) Custodial staff will be provided with their choice of one (1) smock or one (1) ~ suit of work pants and shirt per year A second set of either work pants and shirt or smock may be purchased by the employee and reimbursed at half the cost upon submission of receipt

b) Maintenance staff will be provided with one (1) pair of steel-toed safety boots per year as required

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ARTICLE 3 bull MANAGEMENT RIGHTS

301 All managerial rights are retained by the Board and remain exclusively and without limitation within the rights of the Board except as and to the extent specifically modified by this Agreement

302 In exercising its managerial rights to discipline employees the Board shall not discipline regular full-and part-time employees who have successfully completed their probation period without just cause

303 The Board agrees that the rights set forth in this Article shall not be exercised in a manner that is inconsistent with the express provisions of this Agreement

ARTICLE 4 bull UNION REPRESENTATION

401 Negotiations The Board recognizes a bargaining committee consisting of up to three (3) employees plus the Staff Representative of the Union as the Union Negotiating Committee

b) Leave of absence with no loss of pay and with no loss of credits shall be granted to an employee elected as a member of the Union Negotiating Committee The Union will reimburse the Employer for the salary and benefits paid to the employee

402 Grievances The Board recognizes the right of an employee to be represented by the Unit Steward the Staff Representative of the Union or their designate in the presentation of grievances at any stage The Union recognizes that the Unit Steward or his designate has regular duties to perform in connection with his employment Thus such representative shall obtain the permission of his Supervisor when presenting grievances or attending meetings with management involving grievance procedure Such permission shall not be unreasonably withheld

403 The parties acknowledge that other matters which are not the subject of a J grievance or the subject of negotiations may occur during the term of this

Agreement The Board Business Administrator and the Unit Steward shall endeavour to meet and to discuss such other matters

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ARTICLE 5 bull NO DISCRIMINATION

501 The Employer agrees that there will be no intimidation discrimination ~ interference restraint or coercion exercised or practised by the Employer or its representatives because of membership in the Union

502 There shall be no discrimination restraint or intimidation practised or permitted by the Employer or the Union or any of their representatives against any employee because of sex sexual orientation age marital status race colour creed criminal record national origin or political opinions

503 The Employer employees and the Union agree to conduct their affairs in accordance with the Ontario Human Rights Code

ARTICLE 6 bull UNION SECURITY

601 On date of hire each employee who is covered by this agreement may elect to become and to remain a member in good standing of the Union according to the constitution and by laws of the Union It is agreed by the Parties that all employees who are eligible to be in the Union shall pay to the Union an amount equal to the current monthly union dues in accordance with the constitution and by-laws of the Union whether such employee is a member of the Union or not so long as the Union is the recognized bargaining agent

ARTICLE 7 bull CHECK OFF OF UNION DUES

701 The deduction of Union dues shall be made by the employer from all newly hired bargaining unit employees and shall be effective from the first day of employment of such employees The Board agrees to deduct from the wages of each employee who is covered by this agreement a sum equal to the current monthly Union dues and remit monies so deducted to the Director of Financial Administration of the Union 100 Lesmill Road North York Ontario M3B 3P8 not later than the 15th day of the month following the month in which the deductions were made together with a list of employees for whom the deductions were made the amounts of each deduction and the social insurance numbers of the dues paying employees

702 The Board shall notify the Treasurer of the Union of the names addresses and social insurance numbers of new dues paying employees The Board agrees to list the annual amount of Union dues paid on all T -4 slips when issued

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703 The Union shall advise the Board in writing of the amount of its regular dues The Union further agrees to give the Board 30 days written notice of any change

in the amount of dues to be deducted

704 The Union agrees to save the Board harmless and to indemnify the Board with respect to any claim made against the Board by any employee or any group of employees arising out of the deduction of Union dues as herein provided

ARTICLE 8 - NO STRIKES OR LOCK-OUTS

801 The Union and the employees agree that there shall be no strikes as defined in the Ontario Labour Relations Act during the term of this collective agreement Similarly the Board agrees that there shall be no lockouts as defined in the Ontario Labour Relations Act during the term of this collective agreement

ARTICLE 9 - CONTRACT DISTRIBUTION

901 The Board shall provide each new employee with a copy of the current collective agreement

902 The Board shall make available to each employee a copy of this Agreement within 60 days of the signing of this Agreement by the Board and the Union

903 The Board and the Union shall share equally the reasonable cost of printing and distribution of the collective agreement

ARTICLE 10 - GRIEVANCE PROCEDURE

1001 It is the mutual desire of the parties that all complaints and grievances shall be adjusted as soon as possible

1002 A grievance under this Agreement shall be defined as a difference or a dispute by an employee a group of employees the Union or the Board arising from the interpretation application administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable The Parties agree

that all grievances shall be processed in accordance with this Article

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1003 The Board and the Union believe that many potential grievances can be resolved in an informal discussion stage Therefore an employee who believes he has a grievance may first discuss the grievance with his Supervisor within twenty (20) - working days of the incident giving rise to the grievance The employee may be accompanied by the Unit Steward if he so desires If the potential grievance is not satisfactorily resolved by the Supervisor within five (5) working days of the discussion the grievance shall be processed within a further ten (10) working days according to the procedure laid out in this Article

1004 The grievance shall a) state the name of the grievor and b) identify the grievors work location and c) outline the nature of the grievance and d) specify the date on or about which the incident giving rise to therievance

occurred and e) identify the specific clause which has been allegedly violated

misinterpreted or misapplied and the remedy requested The grievance shall be signed by the grievor

1005 Any grievance which is not commenced or carried through to the next stage of the grievance procedure by the grievor within the time specified shall be deemed to have been abandoned and no further action may be taken with respect to such grievance If the stipulated time limits are not met by the Party against whom the grievance is being lodged the grievor shall have the right to pursue the grievance at the next step of the procedure

1006 Time limits specified in this Article are mandatory and not simply directive and may only be amended by the mutual agreement in writing of both the Parties

1007 If an employee who is covered by this Agreement has a grievance the employee shall proceed with the grievance according to the following process Step 1 The employee shall submit the grievance to his Supervisor or his designate The Supervisor shall arrange a meeting with the employee within ten (10) working days of the receipt of the grievance The Supervisor shall give a decision to the grievance in writing to the Unit Steward within five (5) working days of the meeting Step 2 Failing settlement pursuant to Step 1 the Unit Steward shall have ten (10)

working days from receipt of the reply at Step 1 to process the grievance to the Board Business Administrator or hisher designate The Board Business Administrator shall give a decision to the grievance in writing to the Unit Steward within ten (10) working days after receipt of the grievance

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1008 It is understood and agreed that any dismissal or suspension grievance shall be submitted at Step 2 of the Grievance Procedure

1009 The Union may submit a grievance that is a grievance on a matter which cannot be the subject of a grievance by an individual employee in writing at Step 2 The grievance shall be processed using the same procedure as outlined in this Article except that a) the grievance shall be signed by the Unit Steward and b) the Step 2 reply shall be given to the Unit Steward

1010 The Board may submit a grievance in writing beginning at Step 2 The grievance shall be processed using the same procedure as outlined in this Article except that a) the grievance shall be signed by the Board Business Administrator or

hisher designate b) the grievance shall be submitted to the Unit Steward and c) the Unit Steward shall give hisher reply in writing to the Board Business

Administrator in accordance with the Step 2 timelines

1011 Where the Parties agree a common complaint by a group of employees may be filed as a single grievance The grievance shall be processed using the same procedure as outlined in this Article

1012 The Board recognizes the right of an employee to be represented by the Unit Steward the Staff Representative of the Union or their designate in the presentation of grievances at any stage The Union recognizes that the Unit Steward or his designate has regular duties to perform in connection with his employment Thus such representative shall obtain the permission of his Supervisor when presenting grievances or attending meetings with management involving grievance procedure Such permission shall not be unreasonably withheld

ARTICLE 11 - ARBITRATION

1101 An Arbitration Board shall be constituted and convened in the following manner a) After exhausting any grievance procedure established by this agreement

and should either Party wish to refer a grievance to arbitration a written request for arbitration shall be made by registered mail to the other Party within 20 calendar days of receipt of the written disposition in Step 2 The written request shall include the name address and phone number of the requesting Partys nominee

b) Within ten (10) calendar days of receipt of the above notice the Party receiving the notice shall forward in writing by registered mail the name and address and phone number of its nominee to the other Party

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1102 The two nominees so selected shall within ten (10) calendar days of the receipt of notice of the appointment of the second of them or at some mutually agreed upon time appoint a third person who shall be the Chairperson

1103 If the recipient of the notice fails to name an appointee within the time so limited or if the two appointees fail to agree upon a Chairperson within the time so limited the appointment shall be made by the Minister of Labour pursuant to section 45 of the Ontario Labour Relations Act dealing with expedited arbitration

1104 The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision The decision is final and binding upon the Parties arid upon any employee affected by it A decision of the majority shall be the decision of the Arbitration Board and if there is no majority the decision of the Chairperson governs

1105 Each Party shall pay the costs of its appointee to the Board of Arbitration and the two Parties shall share equally the costs of the Chairperson

1106 Expedited Arbitration Prior to applying for expedited arbitration under Section 45 of the Ontario Labour Relations Act the applying party shall notify the other Party in writing of its intent and both Parties shall attempt to reach agreement on a Chairperson If a Chairperson is not agreed upon within twenty (20) calendar days of the notification that expedited arbitration is being sought either Party may apply for a Chairperson under the Act

1107 The Arbitration Board shall have the authority only to settle disputes under the terms of the definition of grievance as outlined in Clause 1002 and will only interpret and apply this Collective Agreement to the facts of the particular grievance involved The Board of Arbitration cannot amend alter or modify this Collective Agreement nor give any decision inconsistent with it nor provide a remedy applicable to the time prior to the date of the filing of the grievance

1108 Time limits in this article are mandatory and not simply directive and may only be amended by the mutual agreement in writing of both the parties

ARTICLE 12 - HEALTH AND SAFETY

1201 Health amp Safety Committee It is the responsibility of the Employer to provide a safe and healthful working environment for all of its employees and it is incumbent upon such employees of the Employer to ensure that such an environment is maintained at all times

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1202 The Employer shall maintain a Joint Health and Safety Committee in accordance with provisions of the Occupational Health and Safety Act

1203 While alleged violations of the legislation will not be grievable the Parties will coshyoperate to facilitate any required corrective measures as provided for by the Act

ARTICLE 13 - DISCIPLINE

1301 The normal pattern of disciplinary action shall be as follows a) written reprimand b) suspension and c) discharge However any of the above steps may be omitted as a result of the seriousness of the offence

1302 When an employee is called to a meeting with his Supervisor or his designate for the purpose of imposing discipline the Unit Steward shall be informed of such meeting before it is held and may be present at such meeting if the employee so requests

1303 When an employee is disciplined he shall be advised promptly in writing by the Board of the reasons for such action The disciplinary action shall form part of the employees file along with the employees reply should one be forwarded to the Board

1304 Documentation of a disciplinary nature shall not be placed on an employees file without his prior knowledge

1305 After giving prior notice to the Board Business Administrator or hisher designate a regular full time or part-time employee shall be allowed once a year to review hisher individual personnel file in the presence of the Board Business Administrator or hisher designate Such access time shall be scheduled by the Board The employee shall have the right to respond in writing to any document contained therein Additional access to the file may be granted at the Boards discretion

1306 a) The Parties agree that the Board shall not make use of an employees disciplinary record of incidents which occurred over two years ago unless the prior disciplinary record sets out conduct which is of a similar or related nature to the current conduct for which the employee is being disciplined

b) Notwithstanding clause 1306 (a) the parties further agree that if an employees disciplinary record contains incidents which occurred over two years ago the employee cannot claim a clean disciplinary record with respect to that time period in subsequent disciplinary hearings

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ARTICLE 14 - SE~IIORITY

1401 Seniority is defined as length of service of regular full-time employees in the bargaining unit and shall include service with the Board prior to certification of the Union Seniority shall be adjusted for leaves granted during which seniority does not accumulate Seniority shall be allocated to regular part-time employees on a prorated basis

1402 Seniority in each occupational classification shall be used in determining the order of lay-offs permanent reductions in the work force and recall providing always that the remaining employee has the necessary experience qualifications and ability to perform the work

1403 The Board will maintain seniority lists by occupational classification showing each employees name the date on which the employees seniority commenced and the occupational classification In January of each year the Board will revise the seniority lists and provide copies of the revised lists to the Union and post on bulletin boards Any errors or discrepancies on the seniority list must be communicated in writing to the Board Business Administrator by March 1 of each year

1404 Newly hired probationary employees shall not attain seniority rights until they have completed the probationary period Upon satisfactory completion of the probationary period the employees name shall be added to the existing seniority list showing the seniority date as the date of hire

1405 The selections and promotions of employees to Board positions outside the bargaining unit are not covered by this Agreement In the event an employee is or has been promoted to any such position and is returned to a vacant position within the bargaining unit within six (6) months he shall be credited with the additional seniority accrued during the period he was employed outside the bargaining unit

1406 Vacancies in regular full time or part-time positions or new positions in one occupational classification may be filled by an existing employee of the Board who is in a different occupational classification In the event that the said employee does not successfully complete the probationary period in the new pOSition he shall have the right to transfer back to his old position without any loss of seniority The seniority of an employee who transfers back to his old position in his original occupational classification shall include his seniority in the old occupational classification prior to transfer plus the time served unsuccessfully in the probationary period in the new position It is understood and agreed by the parties that regular full-time and part-time employees who have successfully completed a probationary period in any occupational classification can grieve any discipline imposed on them without just cause

F

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1407 Seniority shall terminate when an employee 1 terminates his employment for any reason 2 is discharged and not reinstated through the grievance or arbitration process 3 is laid off for a period longer than twelve (12) consecutive months 4 is retired at the regular retirement age 5 is absent for more than three (3) working days without notifying the Board

Business Administrator and without securing a leave of absence or without giving a reason satisfactory to the Board or

6 declines more than one recall within a six (6) month period

ARTICLE 15 - JOB POSTINGS

1501 All cases of filling vacancies promotions and transfers shall be based on the following factors a) skill and the ability to perform the requirements of the position b) seniority (firstly within the relevant occupational classification and secondly

total seniority with the Employer) Where the qualifications in factor (a) are relatively equal seniority shall govern Such judgement shall be made in a fair impartial and consistent manner

1502 When a vacancy in a regular full or part-time position occurs and the position is to be filled or a new position is created within the bargaining unit the Board shall post the position in its offices and its school for a minimum of five (5) working days

1503 Employees may apply in writing within five (5) working days after the notice is posted to the Board Business Administrator for such vacancy or new position Internal applicants shall be considered first prior to outside candidates Internal applicants shall be notified in writing of the results of the competition

1504 In the event that a vacancy in a regular full or part-time position or that a new position in on occupational classification is filled by an existing employee of the Board who is in a different occupational classification the following procedure shall apply The successful employees position in his old occupational classification shall be filled only on an acting basis while the successful employee completes the probationary period in the new position (It is understood and agreed that the successful employee is on probation in the different occupational classification only) In the event that the said employee does not successfully complete the probationary period in the new position he shall have the right to transfer back to his old position without any loss of seniority (The seniority of an employee who transfers back to his old position in his original occupational classification shall include his seniority in the old occupational classification prior to transfer plus the time served unsuccessfully in the probationary period in the new position) It is understood and agreed by the parties that regular full and part~time employees who have successfully completed a probationary period in any

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occupational classification can grieve any discipline imposed on them without just cause

ARTICLE 16 - LAY-OFF AND RECALL

Definition A layoff shall be defined as a reduction in the work force It is understood and agreed by the Parties that only regular full and part time employees are covered under this Article

1601 In the event of a proposed layoff at the Moosonee Roman Catholic Seperate School Board of more tllan five (5) working days the employer will a) provide the Union Steward with no less than thiry (30) calendar days

notice of such layoff and b) meet with the Union to review the following

i) the reason causing the layoff ii) the method of implementation including the areas of cut-back and

employees to be laid off iii) the impact on employees

1602 The Parties agree that it is the Boards exclusive right to determine and to modify from time to time as may be necessary staff complement and to implement layshyoffs and recalls and to hire new employees subject only to the following conditions (a) In the event of a lay-off of employees becoming necessary in any

occupational classification this lay-off shall be carried out in such a manner as to maintain an efficient work force Employees shall be laid off in the reverse order of their seniority in that occupational classification provided that the employees retained to perform the work available during a lay-off shall be the employees who have the qualifications experience and ability to do the work available and who are willing to perform the work required

(b) No new employee will be hired until a person who is on lay-off from the relevant occupational classification and who still retains seniority has been given an opportunity for recall to all positions at a level similar to the one he held prior to the lay-off provided that such a person has the qualifications experience and ability to do the work in question

(c) Employees who are on lay-off shall be given preference for substitute or temporary assignments in their classification

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- ARTICLE 17 - LEAVES OF ABSENCE

1701 PREGNANCYADOPTION AND PARENTAL LEAVE UNDER THE EMPLOYMENT STANDARDS ACT a) The Board shall grant to each employee pregnancy andor parental leave in

accordance with the Employment Standards Act provided the employee is eligible for the said leave under the Employment Standards Act

b) The Board shall make available to each employee a copy of the relevant sections of the Employment Standards Act setting out the above leaves

c) Subject to the Boards approval leave under Article 1701 may be extended up to one (1) year

d) During leave under 1701 an employee will continue to accumulate seniority with the Board

1702 Bereavement Leave a) When death occurs in the immediate family of an employee who has

acquired seniority he shall be granted not more than five (5) working days paid leave of absence An employee shall be granted an additional two (2) days paid leave of absence for the purpose of travel and attending the funeral out of town The employee must provide the Employer with proof that the funeral is out of town Immediate family is defined as mother father son daughter spouse legal guardian brother sister and legally adopted child

b) When death occurs in the family of an employee who has acquired seniority he shall be granted not more than three (3) working days paid leave of absence An employee shall be granted an additional two (2) days paid leave of absence for the purpose of travel and attending the funeral out of town The employee must provide the Employer with proof that the funeral it out of town Family is defined as grand parent sister or brothershyin-law daughter or son-in-law mother-in-law or father-in-law uncle or aunt

c) Regular part-time employees shall be entitled to bereavement leave for scheduled work day or days it coincides with on a prorated basis

1703 Jury or Court Witness Leave Regular full-time employees shall be entitled to the following Special leave with pay may be granted when an employee is required to appear in court by reason of a summons to serve as a juror or by reason of a subpoena

to be a witness in any proceeding to which the employee is nota party or one of the persons charged The employee shall submit to the Board a certificate signed by a court representative testifying to his presence at court and remit any fee (excluding expenses) the employee received from the court Time spent by an employee required to serve as court witness in any matter rising out of his employment shall be considered as time worked at the appropriate rate of pay Regular part-time employees shall be entitled to Jury and Court Witness Leave for scheduled work day or days it coincides with on a prorated basis

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1704 Special Leave Regular full time employees shall be entitled to the following Special leave without pay and without loss of seniority for other eventualities such as illness of immediate family member emergencies etc may be granted to an employee of the Board up to a maximum of five (5) working days in any calendar year The employee may elect to use two (2) days from their sick bank if so desired of the five (5) days allowed under this article

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1705 Union Leave a)

(b)

A leave of absence without pay and without loss of seniority shall be granted to an employee elected or appointed to represent the Union at a union convention seminar or meeting provided i) two weeks prior notice in writing is given to the Board Business

Administrator ii) no more than one (1) employee is on leave for union activities at any

one time and iii) the total aggregate leave granted under this section shall not exceed

ten (10) working days in one calendar year When an employee is elected or appointed to a full-time position with OPSEU or with an organization to which OPSEU is affiliated the Board shall grant leave of absence without pay Said leave shall only be granted to one employee at anyone period of time and said leave shall not exceed two years in duration At the end of the said leave the employee shall be reinstated to his former position at the then current rate of pay provided the former position is still within the Board complement

1706 General Leaves of Absence Upon written request with ten (10) days advanced notice the Business Administrator may grant leaves of absence without pay to an employee for a reasonable length of time providing adequate coverage for their pOSition is available Permission to take a requested leave of absence shall be confirmed in writing

1707 Seniority shall continue to accumulate during any paid leave

ARTICLE 18 BENEFIT PLANS

1801 Pension Plan The Board and all eligible employees shall make contributions towards the Ontario Municipal Employees Retirement system in accordance with the legislation

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1802 Extended Health Group Life and Dental Plans The Board agrees to pay one hundred percent (100) of the cost of every eligible employees enrollment in each of the following plans or its equivalent (a) The current Extended Health Care Plan

- Prescription drug reimbursement with no deductibles - Vision care - $100 every two (2) years with no deductibles - Semi-private hospital coverage

- Supplemental Health Care with no deductibles (b) The current Group Life Insurance Plan

- $75000 per person coverage including AD amp D (c) The current Dental Care Plan

- 100 co-insurance - Current ODA rate schedule - Basic and additional services - Annual maximums per insured individual of $2000 for basic services

(d) Regular part-time employees shall bear 50 of the premium costs

1803 Short Term Disability a) Newly hired regular full time employees who have completed six (6) months

of employment with the Board shall be credited with the following sick leave credits i) 100 days of sick leave at 100 of current salary

b) On each September 1 thereafter regular full time employees shall be credited with the following sick leave credits i) 15 days of sick leave at 100 ii) any unused days of sick leave at 100 of salary from prior years to a

maximum of 15 additional days These unused sick days can be used by regular full time employees to extend the period of sick leave at 100 of salary for up to 15 additional days

c) Other than the accumulation set out in Clause 1803 (b) there shall be no accumulation of unused sick leave days

d) Regular part-time employees shall be credited with sick leave credits on a pro rata basis

e) An employee shall be required to produce a certificate from a medical practitioner for any illness in excess of three (3) working days certifying that he was unable to carry out his duties due to illness A medical certificate may be requested from the employee for any length of sick leave if prior notice is given to the employee

f) The Board reserves the right to require an employee to undergo a medical examination as required in order to ensure fitness for work

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1804 Long Term Disability Plan

The Union and the employees agree that enrollment in the OTIP Long Term Disability Plan or its equivalent shall be compulsory for all eligible employees v Each eligible employee shall pay 100 of the cost of his enrollment in the Ontario Teachers Insurance Plan or its equivalent and the said cost of enrollment shall be deducted by the Board from each eligible employees wages

ARTICLE 19 - HOURS OF WORK amp OVERTIME

1901 Hours of Work

The work week for regular full time employees shall be as follows a) Attendance Counsellor 2 hours per school day 10 month position=213

work days b) Bus driver 4 hours per school day 10 month position=213 work days c) Cleaners 320 hours a week Monday to Friday 12 month position=260

work days d) Custodian 375 hours per week Monday to Friday 12 month position=260

work days e) School Secretary 35 hours per week Monday to Friday 11 month

position=240 work days f) Teachers Aide 325 hours per week 10 month position=213 work days g) Maintenance Helper 2 hours per school day 12 month position=260 work

days h) The Employee hired on August 25 1993 shall be classified as the

Attendance CounselorBus Driver Notwithstanding 1901 (a) and (b) the workweek for this position shall be thirty (300) hours per week

1902 It is understood and agreed that a) the job positions of Custodian and Cleaner are twelve (12) month positions b) the job position of Teachers Aide is for 65 hours during each school day c) the job position of Attendance Counsellor is for two (2) hours during each

school day d) the job of School Secretary is for a minimum of eleven (11) months e) the job of Bus Driver is for four (4) hours per day

1903 Break Periods

a) Full time employees will be permitted a fifteen (15) minute rest period in each half of the normal scheduled day at a time to be decided by the Board IBusiness Administrator

b) A part time employee working continuously for a period of three and one half (35) hours will be entitled to a fifteen (15) minute rest period as above

1904 Nothing in this Agreement shall be construed as guaranteeing minimum or maximum hours of work

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1905 Call Back An employee who leaves his or her place of work and is subsequently called back to work prior to the starting time of his or her next scheduled shift shall be paid a minimum of four (40) hours pay at his or her basic hourly rate

1906 Overtime Authorization Overtime must be authorized in advance by the Business Administrator in accordance with Board guidelines

1907 Definition of Overtime

Any hours exceeding the hours specified in 1901 will be considered as overtime For all employees all hours worked on a Sunday or a statutory holiday shall be

considered as overtime Save and except for emergencies all necessary overtime shall be worked on a voluntary basis and shall be offered to employees firstly by occupational classification and secondly by seniority in the relevant occupational classification

1908 Overtime Rates It is understood and agreed that overtime will be calculated and paid under only one of the following rates a) time and one half (15) for all overtime hours worked on a week day or a

Saturday or a statutory holiday or b) double time for all hours worked on a Sunday

1909 Procedure

In order to have overtime work recognized an employee must forward a completed time sheet which has been duly authorized to the Board Business Administrator or hisher designate

1910 Payment

Overtime payments will be made to an employee only in the form of money which will be added to his pay cheque

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shyARTICLE 20- PAYMENT OF WAGES amp ALLOWANCES

2001 The hourly rate of each employee shall be determined based on the r

employees occupational classification and the years of experience with this Board in that particular occupational classification Schedule A which is attached hereto and which forms part of this Collective Agreement sets out the said hourly rates

2002 The Board shall calculate each employees wages in accordance with the above schedule a) The Board shall pay salaries and wages bi-weekly in accordance with this

Article and Schedule A to this Collective Agreement On each pay day each employee shall be provided with an itemized statement of hisher wages and other supplementary pay and deductions

b) The Employee hired on October 302002 shall receive their pay by cheque on the scheduled pay date All current and newly hired employees shall receive their pay by direct deposit to the Canadian Imperial Bank of Commerce

2003 Travel Allowances

a) The Board will pay each employee a Travel and Isolation Allowance of Three Thousand Nine Hundred and Fifty Dollars ($395000) per year payable as follows

June - $133400 December - $133300 March - $128300

b Regular part time employees shall be entitled to the above travel allowance on a prorated basis The attendance counsellor shall be paid 31 of the above travel allowance as his pro rated share The Bus driver shall be paid 61 of the above travel allowance as his pro rated share The maintenance helper shall be paid a pro rated share of the above travel allowance

2004 An employee will automatically progress from one step to the next in the salary range for his classification from the beginning of an employees first anniversary date (date of hire) or last promotion date until reaching the maximum step

2005 Clothing Allowance

a) Custodial staff will be provided with their choice of one (1) smock or one (1) ~ suit of work pants and shirt per year A second set of either work pants and shirt or smock may be purchased by the employee and reimbursed at half the cost upon submission of receipt

b) Maintenance staff will be provided with one (1) pair of steel-toed safety boots per year as required

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ARTICLE 5 bull NO DISCRIMINATION

501 The Employer agrees that there will be no intimidation discrimination ~ interference restraint or coercion exercised or practised by the Employer or its representatives because of membership in the Union

502 There shall be no discrimination restraint or intimidation practised or permitted by the Employer or the Union or any of their representatives against any employee because of sex sexual orientation age marital status race colour creed criminal record national origin or political opinions

503 The Employer employees and the Union agree to conduct their affairs in accordance with the Ontario Human Rights Code

ARTICLE 6 bull UNION SECURITY

601 On date of hire each employee who is covered by this agreement may elect to become and to remain a member in good standing of the Union according to the constitution and by laws of the Union It is agreed by the Parties that all employees who are eligible to be in the Union shall pay to the Union an amount equal to the current monthly union dues in accordance with the constitution and by-laws of the Union whether such employee is a member of the Union or not so long as the Union is the recognized bargaining agent

ARTICLE 7 bull CHECK OFF OF UNION DUES

701 The deduction of Union dues shall be made by the employer from all newly hired bargaining unit employees and shall be effective from the first day of employment of such employees The Board agrees to deduct from the wages of each employee who is covered by this agreement a sum equal to the current monthly Union dues and remit monies so deducted to the Director of Financial Administration of the Union 100 Lesmill Road North York Ontario M3B 3P8 not later than the 15th day of the month following the month in which the deductions were made together with a list of employees for whom the deductions were made the amounts of each deduction and the social insurance numbers of the dues paying employees

702 The Board shall notify the Treasurer of the Union of the names addresses and social insurance numbers of new dues paying employees The Board agrees to list the annual amount of Union dues paid on all T -4 slips when issued

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703 The Union shall advise the Board in writing of the amount of its regular dues The Union further agrees to give the Board 30 days written notice of any change

in the amount of dues to be deducted

704 The Union agrees to save the Board harmless and to indemnify the Board with respect to any claim made against the Board by any employee or any group of employees arising out of the deduction of Union dues as herein provided

ARTICLE 8 - NO STRIKES OR LOCK-OUTS

801 The Union and the employees agree that there shall be no strikes as defined in the Ontario Labour Relations Act during the term of this collective agreement Similarly the Board agrees that there shall be no lockouts as defined in the Ontario Labour Relations Act during the term of this collective agreement

ARTICLE 9 - CONTRACT DISTRIBUTION

901 The Board shall provide each new employee with a copy of the current collective agreement

902 The Board shall make available to each employee a copy of this Agreement within 60 days of the signing of this Agreement by the Board and the Union

903 The Board and the Union shall share equally the reasonable cost of printing and distribution of the collective agreement

ARTICLE 10 - GRIEVANCE PROCEDURE

1001 It is the mutual desire of the parties that all complaints and grievances shall be adjusted as soon as possible

1002 A grievance under this Agreement shall be defined as a difference or a dispute by an employee a group of employees the Union or the Board arising from the interpretation application administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable The Parties agree

that all grievances shall be processed in accordance with this Article

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1003 The Board and the Union believe that many potential grievances can be resolved in an informal discussion stage Therefore an employee who believes he has a grievance may first discuss the grievance with his Supervisor within twenty (20) - working days of the incident giving rise to the grievance The employee may be accompanied by the Unit Steward if he so desires If the potential grievance is not satisfactorily resolved by the Supervisor within five (5) working days of the discussion the grievance shall be processed within a further ten (10) working days according to the procedure laid out in this Article

1004 The grievance shall a) state the name of the grievor and b) identify the grievors work location and c) outline the nature of the grievance and d) specify the date on or about which the incident giving rise to therievance

occurred and e) identify the specific clause which has been allegedly violated

misinterpreted or misapplied and the remedy requested The grievance shall be signed by the grievor

1005 Any grievance which is not commenced or carried through to the next stage of the grievance procedure by the grievor within the time specified shall be deemed to have been abandoned and no further action may be taken with respect to such grievance If the stipulated time limits are not met by the Party against whom the grievance is being lodged the grievor shall have the right to pursue the grievance at the next step of the procedure

1006 Time limits specified in this Article are mandatory and not simply directive and may only be amended by the mutual agreement in writing of both the Parties

1007 If an employee who is covered by this Agreement has a grievance the employee shall proceed with the grievance according to the following process Step 1 The employee shall submit the grievance to his Supervisor or his designate The Supervisor shall arrange a meeting with the employee within ten (10) working days of the receipt of the grievance The Supervisor shall give a decision to the grievance in writing to the Unit Steward within five (5) working days of the meeting Step 2 Failing settlement pursuant to Step 1 the Unit Steward shall have ten (10)

working days from receipt of the reply at Step 1 to process the grievance to the Board Business Administrator or hisher designate The Board Business Administrator shall give a decision to the grievance in writing to the Unit Steward within ten (10) working days after receipt of the grievance

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1008 It is understood and agreed that any dismissal or suspension grievance shall be submitted at Step 2 of the Grievance Procedure

1009 The Union may submit a grievance that is a grievance on a matter which cannot be the subject of a grievance by an individual employee in writing at Step 2 The grievance shall be processed using the same procedure as outlined in this Article except that a) the grievance shall be signed by the Unit Steward and b) the Step 2 reply shall be given to the Unit Steward

1010 The Board may submit a grievance in writing beginning at Step 2 The grievance shall be processed using the same procedure as outlined in this Article except that a) the grievance shall be signed by the Board Business Administrator or

hisher designate b) the grievance shall be submitted to the Unit Steward and c) the Unit Steward shall give hisher reply in writing to the Board Business

Administrator in accordance with the Step 2 timelines

1011 Where the Parties agree a common complaint by a group of employees may be filed as a single grievance The grievance shall be processed using the same procedure as outlined in this Article

1012 The Board recognizes the right of an employee to be represented by the Unit Steward the Staff Representative of the Union or their designate in the presentation of grievances at any stage The Union recognizes that the Unit Steward or his designate has regular duties to perform in connection with his employment Thus such representative shall obtain the permission of his Supervisor when presenting grievances or attending meetings with management involving grievance procedure Such permission shall not be unreasonably withheld

ARTICLE 11 - ARBITRATION

1101 An Arbitration Board shall be constituted and convened in the following manner a) After exhausting any grievance procedure established by this agreement

and should either Party wish to refer a grievance to arbitration a written request for arbitration shall be made by registered mail to the other Party within 20 calendar days of receipt of the written disposition in Step 2 The written request shall include the name address and phone number of the requesting Partys nominee

b) Within ten (10) calendar days of receipt of the above notice the Party receiving the notice shall forward in writing by registered mail the name and address and phone number of its nominee to the other Party

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1102 The two nominees so selected shall within ten (10) calendar days of the receipt of notice of the appointment of the second of them or at some mutually agreed upon time appoint a third person who shall be the Chairperson

1103 If the recipient of the notice fails to name an appointee within the time so limited or if the two appointees fail to agree upon a Chairperson within the time so limited the appointment shall be made by the Minister of Labour pursuant to section 45 of the Ontario Labour Relations Act dealing with expedited arbitration

1104 The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision The decision is final and binding upon the Parties arid upon any employee affected by it A decision of the majority shall be the decision of the Arbitration Board and if there is no majority the decision of the Chairperson governs

1105 Each Party shall pay the costs of its appointee to the Board of Arbitration and the two Parties shall share equally the costs of the Chairperson

1106 Expedited Arbitration Prior to applying for expedited arbitration under Section 45 of the Ontario Labour Relations Act the applying party shall notify the other Party in writing of its intent and both Parties shall attempt to reach agreement on a Chairperson If a Chairperson is not agreed upon within twenty (20) calendar days of the notification that expedited arbitration is being sought either Party may apply for a Chairperson under the Act

1107 The Arbitration Board shall have the authority only to settle disputes under the terms of the definition of grievance as outlined in Clause 1002 and will only interpret and apply this Collective Agreement to the facts of the particular grievance involved The Board of Arbitration cannot amend alter or modify this Collective Agreement nor give any decision inconsistent with it nor provide a remedy applicable to the time prior to the date of the filing of the grievance

1108 Time limits in this article are mandatory and not simply directive and may only be amended by the mutual agreement in writing of both the parties

ARTICLE 12 - HEALTH AND SAFETY

1201 Health amp Safety Committee It is the responsibility of the Employer to provide a safe and healthful working environment for all of its employees and it is incumbent upon such employees of the Employer to ensure that such an environment is maintained at all times

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1202 The Employer shall maintain a Joint Health and Safety Committee in accordance with provisions of the Occupational Health and Safety Act

1203 While alleged violations of the legislation will not be grievable the Parties will coshyoperate to facilitate any required corrective measures as provided for by the Act

ARTICLE 13 - DISCIPLINE

1301 The normal pattern of disciplinary action shall be as follows a) written reprimand b) suspension and c) discharge However any of the above steps may be omitted as a result of the seriousness of the offence

1302 When an employee is called to a meeting with his Supervisor or his designate for the purpose of imposing discipline the Unit Steward shall be informed of such meeting before it is held and may be present at such meeting if the employee so requests

1303 When an employee is disciplined he shall be advised promptly in writing by the Board of the reasons for such action The disciplinary action shall form part of the employees file along with the employees reply should one be forwarded to the Board

1304 Documentation of a disciplinary nature shall not be placed on an employees file without his prior knowledge

1305 After giving prior notice to the Board Business Administrator or hisher designate a regular full time or part-time employee shall be allowed once a year to review hisher individual personnel file in the presence of the Board Business Administrator or hisher designate Such access time shall be scheduled by the Board The employee shall have the right to respond in writing to any document contained therein Additional access to the file may be granted at the Boards discretion

1306 a) The Parties agree that the Board shall not make use of an employees disciplinary record of incidents which occurred over two years ago unless the prior disciplinary record sets out conduct which is of a similar or related nature to the current conduct for which the employee is being disciplined

b) Notwithstanding clause 1306 (a) the parties further agree that if an employees disciplinary record contains incidents which occurred over two years ago the employee cannot claim a clean disciplinary record with respect to that time period in subsequent disciplinary hearings

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ARTICLE 14 - SE~IIORITY

1401 Seniority is defined as length of service of regular full-time employees in the bargaining unit and shall include service with the Board prior to certification of the Union Seniority shall be adjusted for leaves granted during which seniority does not accumulate Seniority shall be allocated to regular part-time employees on a prorated basis

1402 Seniority in each occupational classification shall be used in determining the order of lay-offs permanent reductions in the work force and recall providing always that the remaining employee has the necessary experience qualifications and ability to perform the work

1403 The Board will maintain seniority lists by occupational classification showing each employees name the date on which the employees seniority commenced and the occupational classification In January of each year the Board will revise the seniority lists and provide copies of the revised lists to the Union and post on bulletin boards Any errors or discrepancies on the seniority list must be communicated in writing to the Board Business Administrator by March 1 of each year

1404 Newly hired probationary employees shall not attain seniority rights until they have completed the probationary period Upon satisfactory completion of the probationary period the employees name shall be added to the existing seniority list showing the seniority date as the date of hire

1405 The selections and promotions of employees to Board positions outside the bargaining unit are not covered by this Agreement In the event an employee is or has been promoted to any such position and is returned to a vacant position within the bargaining unit within six (6) months he shall be credited with the additional seniority accrued during the period he was employed outside the bargaining unit

1406 Vacancies in regular full time or part-time positions or new positions in one occupational classification may be filled by an existing employee of the Board who is in a different occupational classification In the event that the said employee does not successfully complete the probationary period in the new pOSition he shall have the right to transfer back to his old position without any loss of seniority The seniority of an employee who transfers back to his old position in his original occupational classification shall include his seniority in the old occupational classification prior to transfer plus the time served unsuccessfully in the probationary period in the new position It is understood and agreed by the parties that regular full-time and part-time employees who have successfully completed a probationary period in any occupational classification can grieve any discipline imposed on them without just cause

F

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1407 Seniority shall terminate when an employee 1 terminates his employment for any reason 2 is discharged and not reinstated through the grievance or arbitration process 3 is laid off for a period longer than twelve (12) consecutive months 4 is retired at the regular retirement age 5 is absent for more than three (3) working days without notifying the Board

Business Administrator and without securing a leave of absence or without giving a reason satisfactory to the Board or

6 declines more than one recall within a six (6) month period

ARTICLE 15 - JOB POSTINGS

1501 All cases of filling vacancies promotions and transfers shall be based on the following factors a) skill and the ability to perform the requirements of the position b) seniority (firstly within the relevant occupational classification and secondly

total seniority with the Employer) Where the qualifications in factor (a) are relatively equal seniority shall govern Such judgement shall be made in a fair impartial and consistent manner

1502 When a vacancy in a regular full or part-time position occurs and the position is to be filled or a new position is created within the bargaining unit the Board shall post the position in its offices and its school for a minimum of five (5) working days

1503 Employees may apply in writing within five (5) working days after the notice is posted to the Board Business Administrator for such vacancy or new position Internal applicants shall be considered first prior to outside candidates Internal applicants shall be notified in writing of the results of the competition

1504 In the event that a vacancy in a regular full or part-time position or that a new position in on occupational classification is filled by an existing employee of the Board who is in a different occupational classification the following procedure shall apply The successful employees position in his old occupational classification shall be filled only on an acting basis while the successful employee completes the probationary period in the new position (It is understood and agreed that the successful employee is on probation in the different occupational classification only) In the event that the said employee does not successfully complete the probationary period in the new position he shall have the right to transfer back to his old position without any loss of seniority (The seniority of an employee who transfers back to his old position in his original occupational classification shall include his seniority in the old occupational classification prior to transfer plus the time served unsuccessfully in the probationary period in the new position) It is understood and agreed by the parties that regular full and part~time employees who have successfully completed a probationary period in any

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occupational classification can grieve any discipline imposed on them without just cause

ARTICLE 16 - LAY-OFF AND RECALL

Definition A layoff shall be defined as a reduction in the work force It is understood and agreed by the Parties that only regular full and part time employees are covered under this Article

1601 In the event of a proposed layoff at the Moosonee Roman Catholic Seperate School Board of more tllan five (5) working days the employer will a) provide the Union Steward with no less than thiry (30) calendar days

notice of such layoff and b) meet with the Union to review the following

i) the reason causing the layoff ii) the method of implementation including the areas of cut-back and

employees to be laid off iii) the impact on employees

1602 The Parties agree that it is the Boards exclusive right to determine and to modify from time to time as may be necessary staff complement and to implement layshyoffs and recalls and to hire new employees subject only to the following conditions (a) In the event of a lay-off of employees becoming necessary in any

occupational classification this lay-off shall be carried out in such a manner as to maintain an efficient work force Employees shall be laid off in the reverse order of their seniority in that occupational classification provided that the employees retained to perform the work available during a lay-off shall be the employees who have the qualifications experience and ability to do the work available and who are willing to perform the work required

(b) No new employee will be hired until a person who is on lay-off from the relevant occupational classification and who still retains seniority has been given an opportunity for recall to all positions at a level similar to the one he held prior to the lay-off provided that such a person has the qualifications experience and ability to do the work in question

(c) Employees who are on lay-off shall be given preference for substitute or temporary assignments in their classification

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- ARTICLE 17 - LEAVES OF ABSENCE

1701 PREGNANCYADOPTION AND PARENTAL LEAVE UNDER THE EMPLOYMENT STANDARDS ACT a) The Board shall grant to each employee pregnancy andor parental leave in

accordance with the Employment Standards Act provided the employee is eligible for the said leave under the Employment Standards Act

b) The Board shall make available to each employee a copy of the relevant sections of the Employment Standards Act setting out the above leaves

c) Subject to the Boards approval leave under Article 1701 may be extended up to one (1) year

d) During leave under 1701 an employee will continue to accumulate seniority with the Board

1702 Bereavement Leave a) When death occurs in the immediate family of an employee who has

acquired seniority he shall be granted not more than five (5) working days paid leave of absence An employee shall be granted an additional two (2) days paid leave of absence for the purpose of travel and attending the funeral out of town The employee must provide the Employer with proof that the funeral is out of town Immediate family is defined as mother father son daughter spouse legal guardian brother sister and legally adopted child

b) When death occurs in the family of an employee who has acquired seniority he shall be granted not more than three (3) working days paid leave of absence An employee shall be granted an additional two (2) days paid leave of absence for the purpose of travel and attending the funeral out of town The employee must provide the Employer with proof that the funeral it out of town Family is defined as grand parent sister or brothershyin-law daughter or son-in-law mother-in-law or father-in-law uncle or aunt

c) Regular part-time employees shall be entitled to bereavement leave for scheduled work day or days it coincides with on a prorated basis

1703 Jury or Court Witness Leave Regular full-time employees shall be entitled to the following Special leave with pay may be granted when an employee is required to appear in court by reason of a summons to serve as a juror or by reason of a subpoena

to be a witness in any proceeding to which the employee is nota party or one of the persons charged The employee shall submit to the Board a certificate signed by a court representative testifying to his presence at court and remit any fee (excluding expenses) the employee received from the court Time spent by an employee required to serve as court witness in any matter rising out of his employment shall be considered as time worked at the appropriate rate of pay Regular part-time employees shall be entitled to Jury and Court Witness Leave for scheduled work day or days it coincides with on a prorated basis

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1704 Special Leave Regular full time employees shall be entitled to the following Special leave without pay and without loss of seniority for other eventualities such as illness of immediate family member emergencies etc may be granted to an employee of the Board up to a maximum of five (5) working days in any calendar year The employee may elect to use two (2) days from their sick bank if so desired of the five (5) days allowed under this article

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1705 Union Leave a)

(b)

A leave of absence without pay and without loss of seniority shall be granted to an employee elected or appointed to represent the Union at a union convention seminar or meeting provided i) two weeks prior notice in writing is given to the Board Business

Administrator ii) no more than one (1) employee is on leave for union activities at any

one time and iii) the total aggregate leave granted under this section shall not exceed

ten (10) working days in one calendar year When an employee is elected or appointed to a full-time position with OPSEU or with an organization to which OPSEU is affiliated the Board shall grant leave of absence without pay Said leave shall only be granted to one employee at anyone period of time and said leave shall not exceed two years in duration At the end of the said leave the employee shall be reinstated to his former position at the then current rate of pay provided the former position is still within the Board complement

1706 General Leaves of Absence Upon written request with ten (10) days advanced notice the Business Administrator may grant leaves of absence without pay to an employee for a reasonable length of time providing adequate coverage for their pOSition is available Permission to take a requested leave of absence shall be confirmed in writing

1707 Seniority shall continue to accumulate during any paid leave

ARTICLE 18 BENEFIT PLANS

1801 Pension Plan The Board and all eligible employees shall make contributions towards the Ontario Municipal Employees Retirement system in accordance with the legislation

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1802 Extended Health Group Life and Dental Plans The Board agrees to pay one hundred percent (100) of the cost of every eligible employees enrollment in each of the following plans or its equivalent (a) The current Extended Health Care Plan

- Prescription drug reimbursement with no deductibles - Vision care - $100 every two (2) years with no deductibles - Semi-private hospital coverage

- Supplemental Health Care with no deductibles (b) The current Group Life Insurance Plan

- $75000 per person coverage including AD amp D (c) The current Dental Care Plan

- 100 co-insurance - Current ODA rate schedule - Basic and additional services - Annual maximums per insured individual of $2000 for basic services

(d) Regular part-time employees shall bear 50 of the premium costs

1803 Short Term Disability a) Newly hired regular full time employees who have completed six (6) months

of employment with the Board shall be credited with the following sick leave credits i) 100 days of sick leave at 100 of current salary

b) On each September 1 thereafter regular full time employees shall be credited with the following sick leave credits i) 15 days of sick leave at 100 ii) any unused days of sick leave at 100 of salary from prior years to a

maximum of 15 additional days These unused sick days can be used by regular full time employees to extend the period of sick leave at 100 of salary for up to 15 additional days

c) Other than the accumulation set out in Clause 1803 (b) there shall be no accumulation of unused sick leave days

d) Regular part-time employees shall be credited with sick leave credits on a pro rata basis

e) An employee shall be required to produce a certificate from a medical practitioner for any illness in excess of three (3) working days certifying that he was unable to carry out his duties due to illness A medical certificate may be requested from the employee for any length of sick leave if prior notice is given to the employee

f) The Board reserves the right to require an employee to undergo a medical examination as required in order to ensure fitness for work

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1804 Long Term Disability Plan

The Union and the employees agree that enrollment in the OTIP Long Term Disability Plan or its equivalent shall be compulsory for all eligible employees v Each eligible employee shall pay 100 of the cost of his enrollment in the Ontario Teachers Insurance Plan or its equivalent and the said cost of enrollment shall be deducted by the Board from each eligible employees wages

ARTICLE 19 - HOURS OF WORK amp OVERTIME

1901 Hours of Work

The work week for regular full time employees shall be as follows a) Attendance Counsellor 2 hours per school day 10 month position=213

work days b) Bus driver 4 hours per school day 10 month position=213 work days c) Cleaners 320 hours a week Monday to Friday 12 month position=260

work days d) Custodian 375 hours per week Monday to Friday 12 month position=260

work days e) School Secretary 35 hours per week Monday to Friday 11 month

position=240 work days f) Teachers Aide 325 hours per week 10 month position=213 work days g) Maintenance Helper 2 hours per school day 12 month position=260 work

days h) The Employee hired on August 25 1993 shall be classified as the

Attendance CounselorBus Driver Notwithstanding 1901 (a) and (b) the workweek for this position shall be thirty (300) hours per week

1902 It is understood and agreed that a) the job positions of Custodian and Cleaner are twelve (12) month positions b) the job position of Teachers Aide is for 65 hours during each school day c) the job position of Attendance Counsellor is for two (2) hours during each

school day d) the job of School Secretary is for a minimum of eleven (11) months e) the job of Bus Driver is for four (4) hours per day

1903 Break Periods

a) Full time employees will be permitted a fifteen (15) minute rest period in each half of the normal scheduled day at a time to be decided by the Board IBusiness Administrator

b) A part time employee working continuously for a period of three and one half (35) hours will be entitled to a fifteen (15) minute rest period as above

1904 Nothing in this Agreement shall be construed as guaranteeing minimum or maximum hours of work

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1905 Call Back An employee who leaves his or her place of work and is subsequently called back to work prior to the starting time of his or her next scheduled shift shall be paid a minimum of four (40) hours pay at his or her basic hourly rate

1906 Overtime Authorization Overtime must be authorized in advance by the Business Administrator in accordance with Board guidelines

1907 Definition of Overtime

Any hours exceeding the hours specified in 1901 will be considered as overtime For all employees all hours worked on a Sunday or a statutory holiday shall be

considered as overtime Save and except for emergencies all necessary overtime shall be worked on a voluntary basis and shall be offered to employees firstly by occupational classification and secondly by seniority in the relevant occupational classification

1908 Overtime Rates It is understood and agreed that overtime will be calculated and paid under only one of the following rates a) time and one half (15) for all overtime hours worked on a week day or a

Saturday or a statutory holiday or b) double time for all hours worked on a Sunday

1909 Procedure

In order to have overtime work recognized an employee must forward a completed time sheet which has been duly authorized to the Board Business Administrator or hisher designate

1910 Payment

Overtime payments will be made to an employee only in the form of money which will be added to his pay cheque

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shyARTICLE 20- PAYMENT OF WAGES amp ALLOWANCES

2001 The hourly rate of each employee shall be determined based on the r

employees occupational classification and the years of experience with this Board in that particular occupational classification Schedule A which is attached hereto and which forms part of this Collective Agreement sets out the said hourly rates

2002 The Board shall calculate each employees wages in accordance with the above schedule a) The Board shall pay salaries and wages bi-weekly in accordance with this

Article and Schedule A to this Collective Agreement On each pay day each employee shall be provided with an itemized statement of hisher wages and other supplementary pay and deductions

b) The Employee hired on October 302002 shall receive their pay by cheque on the scheduled pay date All current and newly hired employees shall receive their pay by direct deposit to the Canadian Imperial Bank of Commerce

2003 Travel Allowances

a) The Board will pay each employee a Travel and Isolation Allowance of Three Thousand Nine Hundred and Fifty Dollars ($395000) per year payable as follows

June - $133400 December - $133300 March - $128300

b Regular part time employees shall be entitled to the above travel allowance on a prorated basis The attendance counsellor shall be paid 31 of the above travel allowance as his pro rated share The Bus driver shall be paid 61 of the above travel allowance as his pro rated share The maintenance helper shall be paid a pro rated share of the above travel allowance

2004 An employee will automatically progress from one step to the next in the salary range for his classification from the beginning of an employees first anniversary date (date of hire) or last promotion date until reaching the maximum step

2005 Clothing Allowance

a) Custodial staff will be provided with their choice of one (1) smock or one (1) ~ suit of work pants and shirt per year A second set of either work pants and shirt or smock may be purchased by the employee and reimbursed at half the cost upon submission of receipt

b) Maintenance staff will be provided with one (1) pair of steel-toed safety boots per year as required

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703 The Union shall advise the Board in writing of the amount of its regular dues The Union further agrees to give the Board 30 days written notice of any change

in the amount of dues to be deducted

704 The Union agrees to save the Board harmless and to indemnify the Board with respect to any claim made against the Board by any employee or any group of employees arising out of the deduction of Union dues as herein provided

ARTICLE 8 - NO STRIKES OR LOCK-OUTS

801 The Union and the employees agree that there shall be no strikes as defined in the Ontario Labour Relations Act during the term of this collective agreement Similarly the Board agrees that there shall be no lockouts as defined in the Ontario Labour Relations Act during the term of this collective agreement

ARTICLE 9 - CONTRACT DISTRIBUTION

901 The Board shall provide each new employee with a copy of the current collective agreement

902 The Board shall make available to each employee a copy of this Agreement within 60 days of the signing of this Agreement by the Board and the Union

903 The Board and the Union shall share equally the reasonable cost of printing and distribution of the collective agreement

ARTICLE 10 - GRIEVANCE PROCEDURE

1001 It is the mutual desire of the parties that all complaints and grievances shall be adjusted as soon as possible

1002 A grievance under this Agreement shall be defined as a difference or a dispute by an employee a group of employees the Union or the Board arising from the interpretation application administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable The Parties agree

that all grievances shall be processed in accordance with this Article

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1003 The Board and the Union believe that many potential grievances can be resolved in an informal discussion stage Therefore an employee who believes he has a grievance may first discuss the grievance with his Supervisor within twenty (20) - working days of the incident giving rise to the grievance The employee may be accompanied by the Unit Steward if he so desires If the potential grievance is not satisfactorily resolved by the Supervisor within five (5) working days of the discussion the grievance shall be processed within a further ten (10) working days according to the procedure laid out in this Article

1004 The grievance shall a) state the name of the grievor and b) identify the grievors work location and c) outline the nature of the grievance and d) specify the date on or about which the incident giving rise to therievance

occurred and e) identify the specific clause which has been allegedly violated

misinterpreted or misapplied and the remedy requested The grievance shall be signed by the grievor

1005 Any grievance which is not commenced or carried through to the next stage of the grievance procedure by the grievor within the time specified shall be deemed to have been abandoned and no further action may be taken with respect to such grievance If the stipulated time limits are not met by the Party against whom the grievance is being lodged the grievor shall have the right to pursue the grievance at the next step of the procedure

1006 Time limits specified in this Article are mandatory and not simply directive and may only be amended by the mutual agreement in writing of both the Parties

1007 If an employee who is covered by this Agreement has a grievance the employee shall proceed with the grievance according to the following process Step 1 The employee shall submit the grievance to his Supervisor or his designate The Supervisor shall arrange a meeting with the employee within ten (10) working days of the receipt of the grievance The Supervisor shall give a decision to the grievance in writing to the Unit Steward within five (5) working days of the meeting Step 2 Failing settlement pursuant to Step 1 the Unit Steward shall have ten (10)

working days from receipt of the reply at Step 1 to process the grievance to the Board Business Administrator or hisher designate The Board Business Administrator shall give a decision to the grievance in writing to the Unit Steward within ten (10) working days after receipt of the grievance

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1008 It is understood and agreed that any dismissal or suspension grievance shall be submitted at Step 2 of the Grievance Procedure

1009 The Union may submit a grievance that is a grievance on a matter which cannot be the subject of a grievance by an individual employee in writing at Step 2 The grievance shall be processed using the same procedure as outlined in this Article except that a) the grievance shall be signed by the Unit Steward and b) the Step 2 reply shall be given to the Unit Steward

1010 The Board may submit a grievance in writing beginning at Step 2 The grievance shall be processed using the same procedure as outlined in this Article except that a) the grievance shall be signed by the Board Business Administrator or

hisher designate b) the grievance shall be submitted to the Unit Steward and c) the Unit Steward shall give hisher reply in writing to the Board Business

Administrator in accordance with the Step 2 timelines

1011 Where the Parties agree a common complaint by a group of employees may be filed as a single grievance The grievance shall be processed using the same procedure as outlined in this Article

1012 The Board recognizes the right of an employee to be represented by the Unit Steward the Staff Representative of the Union or their designate in the presentation of grievances at any stage The Union recognizes that the Unit Steward or his designate has regular duties to perform in connection with his employment Thus such representative shall obtain the permission of his Supervisor when presenting grievances or attending meetings with management involving grievance procedure Such permission shall not be unreasonably withheld

ARTICLE 11 - ARBITRATION

1101 An Arbitration Board shall be constituted and convened in the following manner a) After exhausting any grievance procedure established by this agreement

and should either Party wish to refer a grievance to arbitration a written request for arbitration shall be made by registered mail to the other Party within 20 calendar days of receipt of the written disposition in Step 2 The written request shall include the name address and phone number of the requesting Partys nominee

b) Within ten (10) calendar days of receipt of the above notice the Party receiving the notice shall forward in writing by registered mail the name and address and phone number of its nominee to the other Party

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1102 The two nominees so selected shall within ten (10) calendar days of the receipt of notice of the appointment of the second of them or at some mutually agreed upon time appoint a third person who shall be the Chairperson

1103 If the recipient of the notice fails to name an appointee within the time so limited or if the two appointees fail to agree upon a Chairperson within the time so limited the appointment shall be made by the Minister of Labour pursuant to section 45 of the Ontario Labour Relations Act dealing with expedited arbitration

1104 The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision The decision is final and binding upon the Parties arid upon any employee affected by it A decision of the majority shall be the decision of the Arbitration Board and if there is no majority the decision of the Chairperson governs

1105 Each Party shall pay the costs of its appointee to the Board of Arbitration and the two Parties shall share equally the costs of the Chairperson

1106 Expedited Arbitration Prior to applying for expedited arbitration under Section 45 of the Ontario Labour Relations Act the applying party shall notify the other Party in writing of its intent and both Parties shall attempt to reach agreement on a Chairperson If a Chairperson is not agreed upon within twenty (20) calendar days of the notification that expedited arbitration is being sought either Party may apply for a Chairperson under the Act

1107 The Arbitration Board shall have the authority only to settle disputes under the terms of the definition of grievance as outlined in Clause 1002 and will only interpret and apply this Collective Agreement to the facts of the particular grievance involved The Board of Arbitration cannot amend alter or modify this Collective Agreement nor give any decision inconsistent with it nor provide a remedy applicable to the time prior to the date of the filing of the grievance

1108 Time limits in this article are mandatory and not simply directive and may only be amended by the mutual agreement in writing of both the parties

ARTICLE 12 - HEALTH AND SAFETY

1201 Health amp Safety Committee It is the responsibility of the Employer to provide a safe and healthful working environment for all of its employees and it is incumbent upon such employees of the Employer to ensure that such an environment is maintained at all times

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1202 The Employer shall maintain a Joint Health and Safety Committee in accordance with provisions of the Occupational Health and Safety Act

1203 While alleged violations of the legislation will not be grievable the Parties will coshyoperate to facilitate any required corrective measures as provided for by the Act

ARTICLE 13 - DISCIPLINE

1301 The normal pattern of disciplinary action shall be as follows a) written reprimand b) suspension and c) discharge However any of the above steps may be omitted as a result of the seriousness of the offence

1302 When an employee is called to a meeting with his Supervisor or his designate for the purpose of imposing discipline the Unit Steward shall be informed of such meeting before it is held and may be present at such meeting if the employee so requests

1303 When an employee is disciplined he shall be advised promptly in writing by the Board of the reasons for such action The disciplinary action shall form part of the employees file along with the employees reply should one be forwarded to the Board

1304 Documentation of a disciplinary nature shall not be placed on an employees file without his prior knowledge

1305 After giving prior notice to the Board Business Administrator or hisher designate a regular full time or part-time employee shall be allowed once a year to review hisher individual personnel file in the presence of the Board Business Administrator or hisher designate Such access time shall be scheduled by the Board The employee shall have the right to respond in writing to any document contained therein Additional access to the file may be granted at the Boards discretion

1306 a) The Parties agree that the Board shall not make use of an employees disciplinary record of incidents which occurred over two years ago unless the prior disciplinary record sets out conduct which is of a similar or related nature to the current conduct for which the employee is being disciplined

b) Notwithstanding clause 1306 (a) the parties further agree that if an employees disciplinary record contains incidents which occurred over two years ago the employee cannot claim a clean disciplinary record with respect to that time period in subsequent disciplinary hearings

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ARTICLE 14 - SE~IIORITY

1401 Seniority is defined as length of service of regular full-time employees in the bargaining unit and shall include service with the Board prior to certification of the Union Seniority shall be adjusted for leaves granted during which seniority does not accumulate Seniority shall be allocated to regular part-time employees on a prorated basis

1402 Seniority in each occupational classification shall be used in determining the order of lay-offs permanent reductions in the work force and recall providing always that the remaining employee has the necessary experience qualifications and ability to perform the work

1403 The Board will maintain seniority lists by occupational classification showing each employees name the date on which the employees seniority commenced and the occupational classification In January of each year the Board will revise the seniority lists and provide copies of the revised lists to the Union and post on bulletin boards Any errors or discrepancies on the seniority list must be communicated in writing to the Board Business Administrator by March 1 of each year

1404 Newly hired probationary employees shall not attain seniority rights until they have completed the probationary period Upon satisfactory completion of the probationary period the employees name shall be added to the existing seniority list showing the seniority date as the date of hire

1405 The selections and promotions of employees to Board positions outside the bargaining unit are not covered by this Agreement In the event an employee is or has been promoted to any such position and is returned to a vacant position within the bargaining unit within six (6) months he shall be credited with the additional seniority accrued during the period he was employed outside the bargaining unit

1406 Vacancies in regular full time or part-time positions or new positions in one occupational classification may be filled by an existing employee of the Board who is in a different occupational classification In the event that the said employee does not successfully complete the probationary period in the new pOSition he shall have the right to transfer back to his old position without any loss of seniority The seniority of an employee who transfers back to his old position in his original occupational classification shall include his seniority in the old occupational classification prior to transfer plus the time served unsuccessfully in the probationary period in the new position It is understood and agreed by the parties that regular full-time and part-time employees who have successfully completed a probationary period in any occupational classification can grieve any discipline imposed on them without just cause

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1407 Seniority shall terminate when an employee 1 terminates his employment for any reason 2 is discharged and not reinstated through the grievance or arbitration process 3 is laid off for a period longer than twelve (12) consecutive months 4 is retired at the regular retirement age 5 is absent for more than three (3) working days without notifying the Board

Business Administrator and without securing a leave of absence or without giving a reason satisfactory to the Board or

6 declines more than one recall within a six (6) month period

ARTICLE 15 - JOB POSTINGS

1501 All cases of filling vacancies promotions and transfers shall be based on the following factors a) skill and the ability to perform the requirements of the position b) seniority (firstly within the relevant occupational classification and secondly

total seniority with the Employer) Where the qualifications in factor (a) are relatively equal seniority shall govern Such judgement shall be made in a fair impartial and consistent manner

1502 When a vacancy in a regular full or part-time position occurs and the position is to be filled or a new position is created within the bargaining unit the Board shall post the position in its offices and its school for a minimum of five (5) working days

1503 Employees may apply in writing within five (5) working days after the notice is posted to the Board Business Administrator for such vacancy or new position Internal applicants shall be considered first prior to outside candidates Internal applicants shall be notified in writing of the results of the competition

1504 In the event that a vacancy in a regular full or part-time position or that a new position in on occupational classification is filled by an existing employee of the Board who is in a different occupational classification the following procedure shall apply The successful employees position in his old occupational classification shall be filled only on an acting basis while the successful employee completes the probationary period in the new position (It is understood and agreed that the successful employee is on probation in the different occupational classification only) In the event that the said employee does not successfully complete the probationary period in the new position he shall have the right to transfer back to his old position without any loss of seniority (The seniority of an employee who transfers back to his old position in his original occupational classification shall include his seniority in the old occupational classification prior to transfer plus the time served unsuccessfully in the probationary period in the new position) It is understood and agreed by the parties that regular full and part~time employees who have successfully completed a probationary period in any

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occupational classification can grieve any discipline imposed on them without just cause

ARTICLE 16 - LAY-OFF AND RECALL

Definition A layoff shall be defined as a reduction in the work force It is understood and agreed by the Parties that only regular full and part time employees are covered under this Article

1601 In the event of a proposed layoff at the Moosonee Roman Catholic Seperate School Board of more tllan five (5) working days the employer will a) provide the Union Steward with no less than thiry (30) calendar days

notice of such layoff and b) meet with the Union to review the following

i) the reason causing the layoff ii) the method of implementation including the areas of cut-back and

employees to be laid off iii) the impact on employees

1602 The Parties agree that it is the Boards exclusive right to determine and to modify from time to time as may be necessary staff complement and to implement layshyoffs and recalls and to hire new employees subject only to the following conditions (a) In the event of a lay-off of employees becoming necessary in any

occupational classification this lay-off shall be carried out in such a manner as to maintain an efficient work force Employees shall be laid off in the reverse order of their seniority in that occupational classification provided that the employees retained to perform the work available during a lay-off shall be the employees who have the qualifications experience and ability to do the work available and who are willing to perform the work required

(b) No new employee will be hired until a person who is on lay-off from the relevant occupational classification and who still retains seniority has been given an opportunity for recall to all positions at a level similar to the one he held prior to the lay-off provided that such a person has the qualifications experience and ability to do the work in question

(c) Employees who are on lay-off shall be given preference for substitute or temporary assignments in their classification

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- ARTICLE 17 - LEAVES OF ABSENCE

1701 PREGNANCYADOPTION AND PARENTAL LEAVE UNDER THE EMPLOYMENT STANDARDS ACT a) The Board shall grant to each employee pregnancy andor parental leave in

accordance with the Employment Standards Act provided the employee is eligible for the said leave under the Employment Standards Act

b) The Board shall make available to each employee a copy of the relevant sections of the Employment Standards Act setting out the above leaves

c) Subject to the Boards approval leave under Article 1701 may be extended up to one (1) year

d) During leave under 1701 an employee will continue to accumulate seniority with the Board

1702 Bereavement Leave a) When death occurs in the immediate family of an employee who has

acquired seniority he shall be granted not more than five (5) working days paid leave of absence An employee shall be granted an additional two (2) days paid leave of absence for the purpose of travel and attending the funeral out of town The employee must provide the Employer with proof that the funeral is out of town Immediate family is defined as mother father son daughter spouse legal guardian brother sister and legally adopted child

b) When death occurs in the family of an employee who has acquired seniority he shall be granted not more than three (3) working days paid leave of absence An employee shall be granted an additional two (2) days paid leave of absence for the purpose of travel and attending the funeral out of town The employee must provide the Employer with proof that the funeral it out of town Family is defined as grand parent sister or brothershyin-law daughter or son-in-law mother-in-law or father-in-law uncle or aunt

c) Regular part-time employees shall be entitled to bereavement leave for scheduled work day or days it coincides with on a prorated basis

1703 Jury or Court Witness Leave Regular full-time employees shall be entitled to the following Special leave with pay may be granted when an employee is required to appear in court by reason of a summons to serve as a juror or by reason of a subpoena

to be a witness in any proceeding to which the employee is nota party or one of the persons charged The employee shall submit to the Board a certificate signed by a court representative testifying to his presence at court and remit any fee (excluding expenses) the employee received from the court Time spent by an employee required to serve as court witness in any matter rising out of his employment shall be considered as time worked at the appropriate rate of pay Regular part-time employees shall be entitled to Jury and Court Witness Leave for scheduled work day or days it coincides with on a prorated basis

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1704 Special Leave Regular full time employees shall be entitled to the following Special leave without pay and without loss of seniority for other eventualities such as illness of immediate family member emergencies etc may be granted to an employee of the Board up to a maximum of five (5) working days in any calendar year The employee may elect to use two (2) days from their sick bank if so desired of the five (5) days allowed under this article

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1705 Union Leave a)

(b)

A leave of absence without pay and without loss of seniority shall be granted to an employee elected or appointed to represent the Union at a union convention seminar or meeting provided i) two weeks prior notice in writing is given to the Board Business

Administrator ii) no more than one (1) employee is on leave for union activities at any

one time and iii) the total aggregate leave granted under this section shall not exceed

ten (10) working days in one calendar year When an employee is elected or appointed to a full-time position with OPSEU or with an organization to which OPSEU is affiliated the Board shall grant leave of absence without pay Said leave shall only be granted to one employee at anyone period of time and said leave shall not exceed two years in duration At the end of the said leave the employee shall be reinstated to his former position at the then current rate of pay provided the former position is still within the Board complement

1706 General Leaves of Absence Upon written request with ten (10) days advanced notice the Business Administrator may grant leaves of absence without pay to an employee for a reasonable length of time providing adequate coverage for their pOSition is available Permission to take a requested leave of absence shall be confirmed in writing

1707 Seniority shall continue to accumulate during any paid leave

ARTICLE 18 BENEFIT PLANS

1801 Pension Plan The Board and all eligible employees shall make contributions towards the Ontario Municipal Employees Retirement system in accordance with the legislation

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1802 Extended Health Group Life and Dental Plans The Board agrees to pay one hundred percent (100) of the cost of every eligible employees enrollment in each of the following plans or its equivalent (a) The current Extended Health Care Plan

- Prescription drug reimbursement with no deductibles - Vision care - $100 every two (2) years with no deductibles - Semi-private hospital coverage

- Supplemental Health Care with no deductibles (b) The current Group Life Insurance Plan

- $75000 per person coverage including AD amp D (c) The current Dental Care Plan

- 100 co-insurance - Current ODA rate schedule - Basic and additional services - Annual maximums per insured individual of $2000 for basic services

(d) Regular part-time employees shall bear 50 of the premium costs

1803 Short Term Disability a) Newly hired regular full time employees who have completed six (6) months

of employment with the Board shall be credited with the following sick leave credits i) 100 days of sick leave at 100 of current salary

b) On each September 1 thereafter regular full time employees shall be credited with the following sick leave credits i) 15 days of sick leave at 100 ii) any unused days of sick leave at 100 of salary from prior years to a

maximum of 15 additional days These unused sick days can be used by regular full time employees to extend the period of sick leave at 100 of salary for up to 15 additional days

c) Other than the accumulation set out in Clause 1803 (b) there shall be no accumulation of unused sick leave days

d) Regular part-time employees shall be credited with sick leave credits on a pro rata basis

e) An employee shall be required to produce a certificate from a medical practitioner for any illness in excess of three (3) working days certifying that he was unable to carry out his duties due to illness A medical certificate may be requested from the employee for any length of sick leave if prior notice is given to the employee

f) The Board reserves the right to require an employee to undergo a medical examination as required in order to ensure fitness for work

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1804 Long Term Disability Plan

The Union and the employees agree that enrollment in the OTIP Long Term Disability Plan or its equivalent shall be compulsory for all eligible employees v Each eligible employee shall pay 100 of the cost of his enrollment in the Ontario Teachers Insurance Plan or its equivalent and the said cost of enrollment shall be deducted by the Board from each eligible employees wages

ARTICLE 19 - HOURS OF WORK amp OVERTIME

1901 Hours of Work

The work week for regular full time employees shall be as follows a) Attendance Counsellor 2 hours per school day 10 month position=213

work days b) Bus driver 4 hours per school day 10 month position=213 work days c) Cleaners 320 hours a week Monday to Friday 12 month position=260

work days d) Custodian 375 hours per week Monday to Friday 12 month position=260

work days e) School Secretary 35 hours per week Monday to Friday 11 month

position=240 work days f) Teachers Aide 325 hours per week 10 month position=213 work days g) Maintenance Helper 2 hours per school day 12 month position=260 work

days h) The Employee hired on August 25 1993 shall be classified as the

Attendance CounselorBus Driver Notwithstanding 1901 (a) and (b) the workweek for this position shall be thirty (300) hours per week

1902 It is understood and agreed that a) the job positions of Custodian and Cleaner are twelve (12) month positions b) the job position of Teachers Aide is for 65 hours during each school day c) the job position of Attendance Counsellor is for two (2) hours during each

school day d) the job of School Secretary is for a minimum of eleven (11) months e) the job of Bus Driver is for four (4) hours per day

1903 Break Periods

a) Full time employees will be permitted a fifteen (15) minute rest period in each half of the normal scheduled day at a time to be decided by the Board IBusiness Administrator

b) A part time employee working continuously for a period of three and one half (35) hours will be entitled to a fifteen (15) minute rest period as above

1904 Nothing in this Agreement shall be construed as guaranteeing minimum or maximum hours of work

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1905 Call Back An employee who leaves his or her place of work and is subsequently called back to work prior to the starting time of his or her next scheduled shift shall be paid a minimum of four (40) hours pay at his or her basic hourly rate

1906 Overtime Authorization Overtime must be authorized in advance by the Business Administrator in accordance with Board guidelines

1907 Definition of Overtime

Any hours exceeding the hours specified in 1901 will be considered as overtime For all employees all hours worked on a Sunday or a statutory holiday shall be

considered as overtime Save and except for emergencies all necessary overtime shall be worked on a voluntary basis and shall be offered to employees firstly by occupational classification and secondly by seniority in the relevant occupational classification

1908 Overtime Rates It is understood and agreed that overtime will be calculated and paid under only one of the following rates a) time and one half (15) for all overtime hours worked on a week day or a

Saturday or a statutory holiday or b) double time for all hours worked on a Sunday

1909 Procedure

In order to have overtime work recognized an employee must forward a completed time sheet which has been duly authorized to the Board Business Administrator or hisher designate

1910 Payment

Overtime payments will be made to an employee only in the form of money which will be added to his pay cheque

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shyARTICLE 20- PAYMENT OF WAGES amp ALLOWANCES

2001 The hourly rate of each employee shall be determined based on the r

employees occupational classification and the years of experience with this Board in that particular occupational classification Schedule A which is attached hereto and which forms part of this Collective Agreement sets out the said hourly rates

2002 The Board shall calculate each employees wages in accordance with the above schedule a) The Board shall pay salaries and wages bi-weekly in accordance with this

Article and Schedule A to this Collective Agreement On each pay day each employee shall be provided with an itemized statement of hisher wages and other supplementary pay and deductions

b) The Employee hired on October 302002 shall receive their pay by cheque on the scheduled pay date All current and newly hired employees shall receive their pay by direct deposit to the Canadian Imperial Bank of Commerce

2003 Travel Allowances

a) The Board will pay each employee a Travel and Isolation Allowance of Three Thousand Nine Hundred and Fifty Dollars ($395000) per year payable as follows

June - $133400 December - $133300 March - $128300

b Regular part time employees shall be entitled to the above travel allowance on a prorated basis The attendance counsellor shall be paid 31 of the above travel allowance as his pro rated share The Bus driver shall be paid 61 of the above travel allowance as his pro rated share The maintenance helper shall be paid a pro rated share of the above travel allowance

2004 An employee will automatically progress from one step to the next in the salary range for his classification from the beginning of an employees first anniversary date (date of hire) or last promotion date until reaching the maximum step

2005 Clothing Allowance

a) Custodial staff will be provided with their choice of one (1) smock or one (1) ~ suit of work pants and shirt per year A second set of either work pants and shirt or smock may be purchased by the employee and reimbursed at half the cost upon submission of receipt

b) Maintenance staff will be provided with one (1) pair of steel-toed safety boots per year as required

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1003 The Board and the Union believe that many potential grievances can be resolved in an informal discussion stage Therefore an employee who believes he has a grievance may first discuss the grievance with his Supervisor within twenty (20) - working days of the incident giving rise to the grievance The employee may be accompanied by the Unit Steward if he so desires If the potential grievance is not satisfactorily resolved by the Supervisor within five (5) working days of the discussion the grievance shall be processed within a further ten (10) working days according to the procedure laid out in this Article

1004 The grievance shall a) state the name of the grievor and b) identify the grievors work location and c) outline the nature of the grievance and d) specify the date on or about which the incident giving rise to therievance

occurred and e) identify the specific clause which has been allegedly violated

misinterpreted or misapplied and the remedy requested The grievance shall be signed by the grievor

1005 Any grievance which is not commenced or carried through to the next stage of the grievance procedure by the grievor within the time specified shall be deemed to have been abandoned and no further action may be taken with respect to such grievance If the stipulated time limits are not met by the Party against whom the grievance is being lodged the grievor shall have the right to pursue the grievance at the next step of the procedure

1006 Time limits specified in this Article are mandatory and not simply directive and may only be amended by the mutual agreement in writing of both the Parties

1007 If an employee who is covered by this Agreement has a grievance the employee shall proceed with the grievance according to the following process Step 1 The employee shall submit the grievance to his Supervisor or his designate The Supervisor shall arrange a meeting with the employee within ten (10) working days of the receipt of the grievance The Supervisor shall give a decision to the grievance in writing to the Unit Steward within five (5) working days of the meeting Step 2 Failing settlement pursuant to Step 1 the Unit Steward shall have ten (10)

working days from receipt of the reply at Step 1 to process the grievance to the Board Business Administrator or hisher designate The Board Business Administrator shall give a decision to the grievance in writing to the Unit Steward within ten (10) working days after receipt of the grievance

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1008 It is understood and agreed that any dismissal or suspension grievance shall be submitted at Step 2 of the Grievance Procedure

1009 The Union may submit a grievance that is a grievance on a matter which cannot be the subject of a grievance by an individual employee in writing at Step 2 The grievance shall be processed using the same procedure as outlined in this Article except that a) the grievance shall be signed by the Unit Steward and b) the Step 2 reply shall be given to the Unit Steward

1010 The Board may submit a grievance in writing beginning at Step 2 The grievance shall be processed using the same procedure as outlined in this Article except that a) the grievance shall be signed by the Board Business Administrator or

hisher designate b) the grievance shall be submitted to the Unit Steward and c) the Unit Steward shall give hisher reply in writing to the Board Business

Administrator in accordance with the Step 2 timelines

1011 Where the Parties agree a common complaint by a group of employees may be filed as a single grievance The grievance shall be processed using the same procedure as outlined in this Article

1012 The Board recognizes the right of an employee to be represented by the Unit Steward the Staff Representative of the Union or their designate in the presentation of grievances at any stage The Union recognizes that the Unit Steward or his designate has regular duties to perform in connection with his employment Thus such representative shall obtain the permission of his Supervisor when presenting grievances or attending meetings with management involving grievance procedure Such permission shall not be unreasonably withheld

ARTICLE 11 - ARBITRATION

1101 An Arbitration Board shall be constituted and convened in the following manner a) After exhausting any grievance procedure established by this agreement

and should either Party wish to refer a grievance to arbitration a written request for arbitration shall be made by registered mail to the other Party within 20 calendar days of receipt of the written disposition in Step 2 The written request shall include the name address and phone number of the requesting Partys nominee

b) Within ten (10) calendar days of receipt of the above notice the Party receiving the notice shall forward in writing by registered mail the name and address and phone number of its nominee to the other Party

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1102 The two nominees so selected shall within ten (10) calendar days of the receipt of notice of the appointment of the second of them or at some mutually agreed upon time appoint a third person who shall be the Chairperson

1103 If the recipient of the notice fails to name an appointee within the time so limited or if the two appointees fail to agree upon a Chairperson within the time so limited the appointment shall be made by the Minister of Labour pursuant to section 45 of the Ontario Labour Relations Act dealing with expedited arbitration

1104 The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision The decision is final and binding upon the Parties arid upon any employee affected by it A decision of the majority shall be the decision of the Arbitration Board and if there is no majority the decision of the Chairperson governs

1105 Each Party shall pay the costs of its appointee to the Board of Arbitration and the two Parties shall share equally the costs of the Chairperson

1106 Expedited Arbitration Prior to applying for expedited arbitration under Section 45 of the Ontario Labour Relations Act the applying party shall notify the other Party in writing of its intent and both Parties shall attempt to reach agreement on a Chairperson If a Chairperson is not agreed upon within twenty (20) calendar days of the notification that expedited arbitration is being sought either Party may apply for a Chairperson under the Act

1107 The Arbitration Board shall have the authority only to settle disputes under the terms of the definition of grievance as outlined in Clause 1002 and will only interpret and apply this Collective Agreement to the facts of the particular grievance involved The Board of Arbitration cannot amend alter or modify this Collective Agreement nor give any decision inconsistent with it nor provide a remedy applicable to the time prior to the date of the filing of the grievance

1108 Time limits in this article are mandatory and not simply directive and may only be amended by the mutual agreement in writing of both the parties

ARTICLE 12 - HEALTH AND SAFETY

1201 Health amp Safety Committee It is the responsibility of the Employer to provide a safe and healthful working environment for all of its employees and it is incumbent upon such employees of the Employer to ensure that such an environment is maintained at all times

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1202 The Employer shall maintain a Joint Health and Safety Committee in accordance with provisions of the Occupational Health and Safety Act

1203 While alleged violations of the legislation will not be grievable the Parties will coshyoperate to facilitate any required corrective measures as provided for by the Act

ARTICLE 13 - DISCIPLINE

1301 The normal pattern of disciplinary action shall be as follows a) written reprimand b) suspension and c) discharge However any of the above steps may be omitted as a result of the seriousness of the offence

1302 When an employee is called to a meeting with his Supervisor or his designate for the purpose of imposing discipline the Unit Steward shall be informed of such meeting before it is held and may be present at such meeting if the employee so requests

1303 When an employee is disciplined he shall be advised promptly in writing by the Board of the reasons for such action The disciplinary action shall form part of the employees file along with the employees reply should one be forwarded to the Board

1304 Documentation of a disciplinary nature shall not be placed on an employees file without his prior knowledge

1305 After giving prior notice to the Board Business Administrator or hisher designate a regular full time or part-time employee shall be allowed once a year to review hisher individual personnel file in the presence of the Board Business Administrator or hisher designate Such access time shall be scheduled by the Board The employee shall have the right to respond in writing to any document contained therein Additional access to the file may be granted at the Boards discretion

1306 a) The Parties agree that the Board shall not make use of an employees disciplinary record of incidents which occurred over two years ago unless the prior disciplinary record sets out conduct which is of a similar or related nature to the current conduct for which the employee is being disciplined

b) Notwithstanding clause 1306 (a) the parties further agree that if an employees disciplinary record contains incidents which occurred over two years ago the employee cannot claim a clean disciplinary record with respect to that time period in subsequent disciplinary hearings

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ARTICLE 14 - SE~IIORITY

1401 Seniority is defined as length of service of regular full-time employees in the bargaining unit and shall include service with the Board prior to certification of the Union Seniority shall be adjusted for leaves granted during which seniority does not accumulate Seniority shall be allocated to regular part-time employees on a prorated basis

1402 Seniority in each occupational classification shall be used in determining the order of lay-offs permanent reductions in the work force and recall providing always that the remaining employee has the necessary experience qualifications and ability to perform the work

1403 The Board will maintain seniority lists by occupational classification showing each employees name the date on which the employees seniority commenced and the occupational classification In January of each year the Board will revise the seniority lists and provide copies of the revised lists to the Union and post on bulletin boards Any errors or discrepancies on the seniority list must be communicated in writing to the Board Business Administrator by March 1 of each year

1404 Newly hired probationary employees shall not attain seniority rights until they have completed the probationary period Upon satisfactory completion of the probationary period the employees name shall be added to the existing seniority list showing the seniority date as the date of hire

1405 The selections and promotions of employees to Board positions outside the bargaining unit are not covered by this Agreement In the event an employee is or has been promoted to any such position and is returned to a vacant position within the bargaining unit within six (6) months he shall be credited with the additional seniority accrued during the period he was employed outside the bargaining unit

1406 Vacancies in regular full time or part-time positions or new positions in one occupational classification may be filled by an existing employee of the Board who is in a different occupational classification In the event that the said employee does not successfully complete the probationary period in the new pOSition he shall have the right to transfer back to his old position without any loss of seniority The seniority of an employee who transfers back to his old position in his original occupational classification shall include his seniority in the old occupational classification prior to transfer plus the time served unsuccessfully in the probationary period in the new position It is understood and agreed by the parties that regular full-time and part-time employees who have successfully completed a probationary period in any occupational classification can grieve any discipline imposed on them without just cause

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1407 Seniority shall terminate when an employee 1 terminates his employment for any reason 2 is discharged and not reinstated through the grievance or arbitration process 3 is laid off for a period longer than twelve (12) consecutive months 4 is retired at the regular retirement age 5 is absent for more than three (3) working days without notifying the Board

Business Administrator and without securing a leave of absence or without giving a reason satisfactory to the Board or

6 declines more than one recall within a six (6) month period

ARTICLE 15 - JOB POSTINGS

1501 All cases of filling vacancies promotions and transfers shall be based on the following factors a) skill and the ability to perform the requirements of the position b) seniority (firstly within the relevant occupational classification and secondly

total seniority with the Employer) Where the qualifications in factor (a) are relatively equal seniority shall govern Such judgement shall be made in a fair impartial and consistent manner

1502 When a vacancy in a regular full or part-time position occurs and the position is to be filled or a new position is created within the bargaining unit the Board shall post the position in its offices and its school for a minimum of five (5) working days

1503 Employees may apply in writing within five (5) working days after the notice is posted to the Board Business Administrator for such vacancy or new position Internal applicants shall be considered first prior to outside candidates Internal applicants shall be notified in writing of the results of the competition

1504 In the event that a vacancy in a regular full or part-time position or that a new position in on occupational classification is filled by an existing employee of the Board who is in a different occupational classification the following procedure shall apply The successful employees position in his old occupational classification shall be filled only on an acting basis while the successful employee completes the probationary period in the new position (It is understood and agreed that the successful employee is on probation in the different occupational classification only) In the event that the said employee does not successfully complete the probationary period in the new position he shall have the right to transfer back to his old position without any loss of seniority (The seniority of an employee who transfers back to his old position in his original occupational classification shall include his seniority in the old occupational classification prior to transfer plus the time served unsuccessfully in the probationary period in the new position) It is understood and agreed by the parties that regular full and part~time employees who have successfully completed a probationary period in any

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occupational classification can grieve any discipline imposed on them without just cause

ARTICLE 16 - LAY-OFF AND RECALL

Definition A layoff shall be defined as a reduction in the work force It is understood and agreed by the Parties that only regular full and part time employees are covered under this Article

1601 In the event of a proposed layoff at the Moosonee Roman Catholic Seperate School Board of more tllan five (5) working days the employer will a) provide the Union Steward with no less than thiry (30) calendar days

notice of such layoff and b) meet with the Union to review the following

i) the reason causing the layoff ii) the method of implementation including the areas of cut-back and

employees to be laid off iii) the impact on employees

1602 The Parties agree that it is the Boards exclusive right to determine and to modify from time to time as may be necessary staff complement and to implement layshyoffs and recalls and to hire new employees subject only to the following conditions (a) In the event of a lay-off of employees becoming necessary in any

occupational classification this lay-off shall be carried out in such a manner as to maintain an efficient work force Employees shall be laid off in the reverse order of their seniority in that occupational classification provided that the employees retained to perform the work available during a lay-off shall be the employees who have the qualifications experience and ability to do the work available and who are willing to perform the work required

(b) No new employee will be hired until a person who is on lay-off from the relevant occupational classification and who still retains seniority has been given an opportunity for recall to all positions at a level similar to the one he held prior to the lay-off provided that such a person has the qualifications experience and ability to do the work in question

(c) Employees who are on lay-off shall be given preference for substitute or temporary assignments in their classification

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- ARTICLE 17 - LEAVES OF ABSENCE

1701 PREGNANCYADOPTION AND PARENTAL LEAVE UNDER THE EMPLOYMENT STANDARDS ACT a) The Board shall grant to each employee pregnancy andor parental leave in

accordance with the Employment Standards Act provided the employee is eligible for the said leave under the Employment Standards Act

b) The Board shall make available to each employee a copy of the relevant sections of the Employment Standards Act setting out the above leaves

c) Subject to the Boards approval leave under Article 1701 may be extended up to one (1) year

d) During leave under 1701 an employee will continue to accumulate seniority with the Board

1702 Bereavement Leave a) When death occurs in the immediate family of an employee who has

acquired seniority he shall be granted not more than five (5) working days paid leave of absence An employee shall be granted an additional two (2) days paid leave of absence for the purpose of travel and attending the funeral out of town The employee must provide the Employer with proof that the funeral is out of town Immediate family is defined as mother father son daughter spouse legal guardian brother sister and legally adopted child

b) When death occurs in the family of an employee who has acquired seniority he shall be granted not more than three (3) working days paid leave of absence An employee shall be granted an additional two (2) days paid leave of absence for the purpose of travel and attending the funeral out of town The employee must provide the Employer with proof that the funeral it out of town Family is defined as grand parent sister or brothershyin-law daughter or son-in-law mother-in-law or father-in-law uncle or aunt

c) Regular part-time employees shall be entitled to bereavement leave for scheduled work day or days it coincides with on a prorated basis

1703 Jury or Court Witness Leave Regular full-time employees shall be entitled to the following Special leave with pay may be granted when an employee is required to appear in court by reason of a summons to serve as a juror or by reason of a subpoena

to be a witness in any proceeding to which the employee is nota party or one of the persons charged The employee shall submit to the Board a certificate signed by a court representative testifying to his presence at court and remit any fee (excluding expenses) the employee received from the court Time spent by an employee required to serve as court witness in any matter rising out of his employment shall be considered as time worked at the appropriate rate of pay Regular part-time employees shall be entitled to Jury and Court Witness Leave for scheduled work day or days it coincides with on a prorated basis

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1704 Special Leave Regular full time employees shall be entitled to the following Special leave without pay and without loss of seniority for other eventualities such as illness of immediate family member emergencies etc may be granted to an employee of the Board up to a maximum of five (5) working days in any calendar year The employee may elect to use two (2) days from their sick bank if so desired of the five (5) days allowed under this article

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1705 Union Leave a)

(b)

A leave of absence without pay and without loss of seniority shall be granted to an employee elected or appointed to represent the Union at a union convention seminar or meeting provided i) two weeks prior notice in writing is given to the Board Business

Administrator ii) no more than one (1) employee is on leave for union activities at any

one time and iii) the total aggregate leave granted under this section shall not exceed

ten (10) working days in one calendar year When an employee is elected or appointed to a full-time position with OPSEU or with an organization to which OPSEU is affiliated the Board shall grant leave of absence without pay Said leave shall only be granted to one employee at anyone period of time and said leave shall not exceed two years in duration At the end of the said leave the employee shall be reinstated to his former position at the then current rate of pay provided the former position is still within the Board complement

1706 General Leaves of Absence Upon written request with ten (10) days advanced notice the Business Administrator may grant leaves of absence without pay to an employee for a reasonable length of time providing adequate coverage for their pOSition is available Permission to take a requested leave of absence shall be confirmed in writing

1707 Seniority shall continue to accumulate during any paid leave

ARTICLE 18 BENEFIT PLANS

1801 Pension Plan The Board and all eligible employees shall make contributions towards the Ontario Municipal Employees Retirement system in accordance with the legislation

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1802 Extended Health Group Life and Dental Plans The Board agrees to pay one hundred percent (100) of the cost of every eligible employees enrollment in each of the following plans or its equivalent (a) The current Extended Health Care Plan

- Prescription drug reimbursement with no deductibles - Vision care - $100 every two (2) years with no deductibles - Semi-private hospital coverage

- Supplemental Health Care with no deductibles (b) The current Group Life Insurance Plan

- $75000 per person coverage including AD amp D (c) The current Dental Care Plan

- 100 co-insurance - Current ODA rate schedule - Basic and additional services - Annual maximums per insured individual of $2000 for basic services

(d) Regular part-time employees shall bear 50 of the premium costs

1803 Short Term Disability a) Newly hired regular full time employees who have completed six (6) months

of employment with the Board shall be credited with the following sick leave credits i) 100 days of sick leave at 100 of current salary

b) On each September 1 thereafter regular full time employees shall be credited with the following sick leave credits i) 15 days of sick leave at 100 ii) any unused days of sick leave at 100 of salary from prior years to a

maximum of 15 additional days These unused sick days can be used by regular full time employees to extend the period of sick leave at 100 of salary for up to 15 additional days

c) Other than the accumulation set out in Clause 1803 (b) there shall be no accumulation of unused sick leave days

d) Regular part-time employees shall be credited with sick leave credits on a pro rata basis

e) An employee shall be required to produce a certificate from a medical practitioner for any illness in excess of three (3) working days certifying that he was unable to carry out his duties due to illness A medical certificate may be requested from the employee for any length of sick leave if prior notice is given to the employee

f) The Board reserves the right to require an employee to undergo a medical examination as required in order to ensure fitness for work

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1804 Long Term Disability Plan

The Union and the employees agree that enrollment in the OTIP Long Term Disability Plan or its equivalent shall be compulsory for all eligible employees v Each eligible employee shall pay 100 of the cost of his enrollment in the Ontario Teachers Insurance Plan or its equivalent and the said cost of enrollment shall be deducted by the Board from each eligible employees wages

ARTICLE 19 - HOURS OF WORK amp OVERTIME

1901 Hours of Work

The work week for regular full time employees shall be as follows a) Attendance Counsellor 2 hours per school day 10 month position=213

work days b) Bus driver 4 hours per school day 10 month position=213 work days c) Cleaners 320 hours a week Monday to Friday 12 month position=260

work days d) Custodian 375 hours per week Monday to Friday 12 month position=260

work days e) School Secretary 35 hours per week Monday to Friday 11 month

position=240 work days f) Teachers Aide 325 hours per week 10 month position=213 work days g) Maintenance Helper 2 hours per school day 12 month position=260 work

days h) The Employee hired on August 25 1993 shall be classified as the

Attendance CounselorBus Driver Notwithstanding 1901 (a) and (b) the workweek for this position shall be thirty (300) hours per week

1902 It is understood and agreed that a) the job positions of Custodian and Cleaner are twelve (12) month positions b) the job position of Teachers Aide is for 65 hours during each school day c) the job position of Attendance Counsellor is for two (2) hours during each

school day d) the job of School Secretary is for a minimum of eleven (11) months e) the job of Bus Driver is for four (4) hours per day

1903 Break Periods

a) Full time employees will be permitted a fifteen (15) minute rest period in each half of the normal scheduled day at a time to be decided by the Board IBusiness Administrator

b) A part time employee working continuously for a period of three and one half (35) hours will be entitled to a fifteen (15) minute rest period as above

1904 Nothing in this Agreement shall be construed as guaranteeing minimum or maximum hours of work

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1905 Call Back An employee who leaves his or her place of work and is subsequently called back to work prior to the starting time of his or her next scheduled shift shall be paid a minimum of four (40) hours pay at his or her basic hourly rate

1906 Overtime Authorization Overtime must be authorized in advance by the Business Administrator in accordance with Board guidelines

1907 Definition of Overtime

Any hours exceeding the hours specified in 1901 will be considered as overtime For all employees all hours worked on a Sunday or a statutory holiday shall be

considered as overtime Save and except for emergencies all necessary overtime shall be worked on a voluntary basis and shall be offered to employees firstly by occupational classification and secondly by seniority in the relevant occupational classification

1908 Overtime Rates It is understood and agreed that overtime will be calculated and paid under only one of the following rates a) time and one half (15) for all overtime hours worked on a week day or a

Saturday or a statutory holiday or b) double time for all hours worked on a Sunday

1909 Procedure

In order to have overtime work recognized an employee must forward a completed time sheet which has been duly authorized to the Board Business Administrator or hisher designate

1910 Payment

Overtime payments will be made to an employee only in the form of money which will be added to his pay cheque

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shyARTICLE 20- PAYMENT OF WAGES amp ALLOWANCES

2001 The hourly rate of each employee shall be determined based on the r

employees occupational classification and the years of experience with this Board in that particular occupational classification Schedule A which is attached hereto and which forms part of this Collective Agreement sets out the said hourly rates

2002 The Board shall calculate each employees wages in accordance with the above schedule a) The Board shall pay salaries and wages bi-weekly in accordance with this

Article and Schedule A to this Collective Agreement On each pay day each employee shall be provided with an itemized statement of hisher wages and other supplementary pay and deductions

b) The Employee hired on October 302002 shall receive their pay by cheque on the scheduled pay date All current and newly hired employees shall receive their pay by direct deposit to the Canadian Imperial Bank of Commerce

2003 Travel Allowances

a) The Board will pay each employee a Travel and Isolation Allowance of Three Thousand Nine Hundred and Fifty Dollars ($395000) per year payable as follows

June - $133400 December - $133300 March - $128300

b Regular part time employees shall be entitled to the above travel allowance on a prorated basis The attendance counsellor shall be paid 31 of the above travel allowance as his pro rated share The Bus driver shall be paid 61 of the above travel allowance as his pro rated share The maintenance helper shall be paid a pro rated share of the above travel allowance

2004 An employee will automatically progress from one step to the next in the salary range for his classification from the beginning of an employees first anniversary date (date of hire) or last promotion date until reaching the maximum step

2005 Clothing Allowance

a) Custodial staff will be provided with their choice of one (1) smock or one (1) ~ suit of work pants and shirt per year A second set of either work pants and shirt or smock may be purchased by the employee and reimbursed at half the cost upon submission of receipt

b) Maintenance staff will be provided with one (1) pair of steel-toed safety boots per year as required

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r

1008 It is understood and agreed that any dismissal or suspension grievance shall be submitted at Step 2 of the Grievance Procedure

1009 The Union may submit a grievance that is a grievance on a matter which cannot be the subject of a grievance by an individual employee in writing at Step 2 The grievance shall be processed using the same procedure as outlined in this Article except that a) the grievance shall be signed by the Unit Steward and b) the Step 2 reply shall be given to the Unit Steward

1010 The Board may submit a grievance in writing beginning at Step 2 The grievance shall be processed using the same procedure as outlined in this Article except that a) the grievance shall be signed by the Board Business Administrator or

hisher designate b) the grievance shall be submitted to the Unit Steward and c) the Unit Steward shall give hisher reply in writing to the Board Business

Administrator in accordance with the Step 2 timelines

1011 Where the Parties agree a common complaint by a group of employees may be filed as a single grievance The grievance shall be processed using the same procedure as outlined in this Article

1012 The Board recognizes the right of an employee to be represented by the Unit Steward the Staff Representative of the Union or their designate in the presentation of grievances at any stage The Union recognizes that the Unit Steward or his designate has regular duties to perform in connection with his employment Thus such representative shall obtain the permission of his Supervisor when presenting grievances or attending meetings with management involving grievance procedure Such permission shall not be unreasonably withheld

ARTICLE 11 - ARBITRATION

1101 An Arbitration Board shall be constituted and convened in the following manner a) After exhausting any grievance procedure established by this agreement

and should either Party wish to refer a grievance to arbitration a written request for arbitration shall be made by registered mail to the other Party within 20 calendar days of receipt of the written disposition in Step 2 The written request shall include the name address and phone number of the requesting Partys nominee

b) Within ten (10) calendar days of receipt of the above notice the Party receiving the notice shall forward in writing by registered mail the name and address and phone number of its nominee to the other Party

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1102 The two nominees so selected shall within ten (10) calendar days of the receipt of notice of the appointment of the second of them or at some mutually agreed upon time appoint a third person who shall be the Chairperson

1103 If the recipient of the notice fails to name an appointee within the time so limited or if the two appointees fail to agree upon a Chairperson within the time so limited the appointment shall be made by the Minister of Labour pursuant to section 45 of the Ontario Labour Relations Act dealing with expedited arbitration

1104 The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision The decision is final and binding upon the Parties arid upon any employee affected by it A decision of the majority shall be the decision of the Arbitration Board and if there is no majority the decision of the Chairperson governs

1105 Each Party shall pay the costs of its appointee to the Board of Arbitration and the two Parties shall share equally the costs of the Chairperson

1106 Expedited Arbitration Prior to applying for expedited arbitration under Section 45 of the Ontario Labour Relations Act the applying party shall notify the other Party in writing of its intent and both Parties shall attempt to reach agreement on a Chairperson If a Chairperson is not agreed upon within twenty (20) calendar days of the notification that expedited arbitration is being sought either Party may apply for a Chairperson under the Act

1107 The Arbitration Board shall have the authority only to settle disputes under the terms of the definition of grievance as outlined in Clause 1002 and will only interpret and apply this Collective Agreement to the facts of the particular grievance involved The Board of Arbitration cannot amend alter or modify this Collective Agreement nor give any decision inconsistent with it nor provide a remedy applicable to the time prior to the date of the filing of the grievance

1108 Time limits in this article are mandatory and not simply directive and may only be amended by the mutual agreement in writing of both the parties

ARTICLE 12 - HEALTH AND SAFETY

1201 Health amp Safety Committee It is the responsibility of the Employer to provide a safe and healthful working environment for all of its employees and it is incumbent upon such employees of the Employer to ensure that such an environment is maintained at all times

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1202 The Employer shall maintain a Joint Health and Safety Committee in accordance with provisions of the Occupational Health and Safety Act

1203 While alleged violations of the legislation will not be grievable the Parties will coshyoperate to facilitate any required corrective measures as provided for by the Act

ARTICLE 13 - DISCIPLINE

1301 The normal pattern of disciplinary action shall be as follows a) written reprimand b) suspension and c) discharge However any of the above steps may be omitted as a result of the seriousness of the offence

1302 When an employee is called to a meeting with his Supervisor or his designate for the purpose of imposing discipline the Unit Steward shall be informed of such meeting before it is held and may be present at such meeting if the employee so requests

1303 When an employee is disciplined he shall be advised promptly in writing by the Board of the reasons for such action The disciplinary action shall form part of the employees file along with the employees reply should one be forwarded to the Board

1304 Documentation of a disciplinary nature shall not be placed on an employees file without his prior knowledge

1305 After giving prior notice to the Board Business Administrator or hisher designate a regular full time or part-time employee shall be allowed once a year to review hisher individual personnel file in the presence of the Board Business Administrator or hisher designate Such access time shall be scheduled by the Board The employee shall have the right to respond in writing to any document contained therein Additional access to the file may be granted at the Boards discretion

1306 a) The Parties agree that the Board shall not make use of an employees disciplinary record of incidents which occurred over two years ago unless the prior disciplinary record sets out conduct which is of a similar or related nature to the current conduct for which the employee is being disciplined

b) Notwithstanding clause 1306 (a) the parties further agree that if an employees disciplinary record contains incidents which occurred over two years ago the employee cannot claim a clean disciplinary record with respect to that time period in subsequent disciplinary hearings

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ARTICLE 14 - SE~IIORITY

1401 Seniority is defined as length of service of regular full-time employees in the bargaining unit and shall include service with the Board prior to certification of the Union Seniority shall be adjusted for leaves granted during which seniority does not accumulate Seniority shall be allocated to regular part-time employees on a prorated basis

1402 Seniority in each occupational classification shall be used in determining the order of lay-offs permanent reductions in the work force and recall providing always that the remaining employee has the necessary experience qualifications and ability to perform the work

1403 The Board will maintain seniority lists by occupational classification showing each employees name the date on which the employees seniority commenced and the occupational classification In January of each year the Board will revise the seniority lists and provide copies of the revised lists to the Union and post on bulletin boards Any errors or discrepancies on the seniority list must be communicated in writing to the Board Business Administrator by March 1 of each year

1404 Newly hired probationary employees shall not attain seniority rights until they have completed the probationary period Upon satisfactory completion of the probationary period the employees name shall be added to the existing seniority list showing the seniority date as the date of hire

1405 The selections and promotions of employees to Board positions outside the bargaining unit are not covered by this Agreement In the event an employee is or has been promoted to any such position and is returned to a vacant position within the bargaining unit within six (6) months he shall be credited with the additional seniority accrued during the period he was employed outside the bargaining unit

1406 Vacancies in regular full time or part-time positions or new positions in one occupational classification may be filled by an existing employee of the Board who is in a different occupational classification In the event that the said employee does not successfully complete the probationary period in the new pOSition he shall have the right to transfer back to his old position without any loss of seniority The seniority of an employee who transfers back to his old position in his original occupational classification shall include his seniority in the old occupational classification prior to transfer plus the time served unsuccessfully in the probationary period in the new position It is understood and agreed by the parties that regular full-time and part-time employees who have successfully completed a probationary period in any occupational classification can grieve any discipline imposed on them without just cause

F

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1407 Seniority shall terminate when an employee 1 terminates his employment for any reason 2 is discharged and not reinstated through the grievance or arbitration process 3 is laid off for a period longer than twelve (12) consecutive months 4 is retired at the regular retirement age 5 is absent for more than three (3) working days without notifying the Board

Business Administrator and without securing a leave of absence or without giving a reason satisfactory to the Board or

6 declines more than one recall within a six (6) month period

ARTICLE 15 - JOB POSTINGS

1501 All cases of filling vacancies promotions and transfers shall be based on the following factors a) skill and the ability to perform the requirements of the position b) seniority (firstly within the relevant occupational classification and secondly

total seniority with the Employer) Where the qualifications in factor (a) are relatively equal seniority shall govern Such judgement shall be made in a fair impartial and consistent manner

1502 When a vacancy in a regular full or part-time position occurs and the position is to be filled or a new position is created within the bargaining unit the Board shall post the position in its offices and its school for a minimum of five (5) working days

1503 Employees may apply in writing within five (5) working days after the notice is posted to the Board Business Administrator for such vacancy or new position Internal applicants shall be considered first prior to outside candidates Internal applicants shall be notified in writing of the results of the competition

1504 In the event that a vacancy in a regular full or part-time position or that a new position in on occupational classification is filled by an existing employee of the Board who is in a different occupational classification the following procedure shall apply The successful employees position in his old occupational classification shall be filled only on an acting basis while the successful employee completes the probationary period in the new position (It is understood and agreed that the successful employee is on probation in the different occupational classification only) In the event that the said employee does not successfully complete the probationary period in the new position he shall have the right to transfer back to his old position without any loss of seniority (The seniority of an employee who transfers back to his old position in his original occupational classification shall include his seniority in the old occupational classification prior to transfer plus the time served unsuccessfully in the probationary period in the new position) It is understood and agreed by the parties that regular full and part~time employees who have successfully completed a probationary period in any

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occupational classification can grieve any discipline imposed on them without just cause

ARTICLE 16 - LAY-OFF AND RECALL

Definition A layoff shall be defined as a reduction in the work force It is understood and agreed by the Parties that only regular full and part time employees are covered under this Article

1601 In the event of a proposed layoff at the Moosonee Roman Catholic Seperate School Board of more tllan five (5) working days the employer will a) provide the Union Steward with no less than thiry (30) calendar days

notice of such layoff and b) meet with the Union to review the following

i) the reason causing the layoff ii) the method of implementation including the areas of cut-back and

employees to be laid off iii) the impact on employees

1602 The Parties agree that it is the Boards exclusive right to determine and to modify from time to time as may be necessary staff complement and to implement layshyoffs and recalls and to hire new employees subject only to the following conditions (a) In the event of a lay-off of employees becoming necessary in any

occupational classification this lay-off shall be carried out in such a manner as to maintain an efficient work force Employees shall be laid off in the reverse order of their seniority in that occupational classification provided that the employees retained to perform the work available during a lay-off shall be the employees who have the qualifications experience and ability to do the work available and who are willing to perform the work required

(b) No new employee will be hired until a person who is on lay-off from the relevant occupational classification and who still retains seniority has been given an opportunity for recall to all positions at a level similar to the one he held prior to the lay-off provided that such a person has the qualifications experience and ability to do the work in question

(c) Employees who are on lay-off shall be given preference for substitute or temporary assignments in their classification

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- ARTICLE 17 - LEAVES OF ABSENCE

1701 PREGNANCYADOPTION AND PARENTAL LEAVE UNDER THE EMPLOYMENT STANDARDS ACT a) The Board shall grant to each employee pregnancy andor parental leave in

accordance with the Employment Standards Act provided the employee is eligible for the said leave under the Employment Standards Act

b) The Board shall make available to each employee a copy of the relevant sections of the Employment Standards Act setting out the above leaves

c) Subject to the Boards approval leave under Article 1701 may be extended up to one (1) year

d) During leave under 1701 an employee will continue to accumulate seniority with the Board

1702 Bereavement Leave a) When death occurs in the immediate family of an employee who has

acquired seniority he shall be granted not more than five (5) working days paid leave of absence An employee shall be granted an additional two (2) days paid leave of absence for the purpose of travel and attending the funeral out of town The employee must provide the Employer with proof that the funeral is out of town Immediate family is defined as mother father son daughter spouse legal guardian brother sister and legally adopted child

b) When death occurs in the family of an employee who has acquired seniority he shall be granted not more than three (3) working days paid leave of absence An employee shall be granted an additional two (2) days paid leave of absence for the purpose of travel and attending the funeral out of town The employee must provide the Employer with proof that the funeral it out of town Family is defined as grand parent sister or brothershyin-law daughter or son-in-law mother-in-law or father-in-law uncle or aunt

c) Regular part-time employees shall be entitled to bereavement leave for scheduled work day or days it coincides with on a prorated basis

1703 Jury or Court Witness Leave Regular full-time employees shall be entitled to the following Special leave with pay may be granted when an employee is required to appear in court by reason of a summons to serve as a juror or by reason of a subpoena

to be a witness in any proceeding to which the employee is nota party or one of the persons charged The employee shall submit to the Board a certificate signed by a court representative testifying to his presence at court and remit any fee (excluding expenses) the employee received from the court Time spent by an employee required to serve as court witness in any matter rising out of his employment shall be considered as time worked at the appropriate rate of pay Regular part-time employees shall be entitled to Jury and Court Witness Leave for scheduled work day or days it coincides with on a prorated basis

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1704 Special Leave Regular full time employees shall be entitled to the following Special leave without pay and without loss of seniority for other eventualities such as illness of immediate family member emergencies etc may be granted to an employee of the Board up to a maximum of five (5) working days in any calendar year The employee may elect to use two (2) days from their sick bank if so desired of the five (5) days allowed under this article

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1705 Union Leave a)

(b)

A leave of absence without pay and without loss of seniority shall be granted to an employee elected or appointed to represent the Union at a union convention seminar or meeting provided i) two weeks prior notice in writing is given to the Board Business

Administrator ii) no more than one (1) employee is on leave for union activities at any

one time and iii) the total aggregate leave granted under this section shall not exceed

ten (10) working days in one calendar year When an employee is elected or appointed to a full-time position with OPSEU or with an organization to which OPSEU is affiliated the Board shall grant leave of absence without pay Said leave shall only be granted to one employee at anyone period of time and said leave shall not exceed two years in duration At the end of the said leave the employee shall be reinstated to his former position at the then current rate of pay provided the former position is still within the Board complement

1706 General Leaves of Absence Upon written request with ten (10) days advanced notice the Business Administrator may grant leaves of absence without pay to an employee for a reasonable length of time providing adequate coverage for their pOSition is available Permission to take a requested leave of absence shall be confirmed in writing

1707 Seniority shall continue to accumulate during any paid leave

ARTICLE 18 BENEFIT PLANS

1801 Pension Plan The Board and all eligible employees shall make contributions towards the Ontario Municipal Employees Retirement system in accordance with the legislation

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1802 Extended Health Group Life and Dental Plans The Board agrees to pay one hundred percent (100) of the cost of every eligible employees enrollment in each of the following plans or its equivalent (a) The current Extended Health Care Plan

- Prescription drug reimbursement with no deductibles - Vision care - $100 every two (2) years with no deductibles - Semi-private hospital coverage

- Supplemental Health Care with no deductibles (b) The current Group Life Insurance Plan

- $75000 per person coverage including AD amp D (c) The current Dental Care Plan

- 100 co-insurance - Current ODA rate schedule - Basic and additional services - Annual maximums per insured individual of $2000 for basic services

(d) Regular part-time employees shall bear 50 of the premium costs

1803 Short Term Disability a) Newly hired regular full time employees who have completed six (6) months

of employment with the Board shall be credited with the following sick leave credits i) 100 days of sick leave at 100 of current salary

b) On each September 1 thereafter regular full time employees shall be credited with the following sick leave credits i) 15 days of sick leave at 100 ii) any unused days of sick leave at 100 of salary from prior years to a

maximum of 15 additional days These unused sick days can be used by regular full time employees to extend the period of sick leave at 100 of salary for up to 15 additional days

c) Other than the accumulation set out in Clause 1803 (b) there shall be no accumulation of unused sick leave days

d) Regular part-time employees shall be credited with sick leave credits on a pro rata basis

e) An employee shall be required to produce a certificate from a medical practitioner for any illness in excess of three (3) working days certifying that he was unable to carry out his duties due to illness A medical certificate may be requested from the employee for any length of sick leave if prior notice is given to the employee

f) The Board reserves the right to require an employee to undergo a medical examination as required in order to ensure fitness for work

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15

1804 Long Term Disability Plan

The Union and the employees agree that enrollment in the OTIP Long Term Disability Plan or its equivalent shall be compulsory for all eligible employees v Each eligible employee shall pay 100 of the cost of his enrollment in the Ontario Teachers Insurance Plan or its equivalent and the said cost of enrollment shall be deducted by the Board from each eligible employees wages

ARTICLE 19 - HOURS OF WORK amp OVERTIME

1901 Hours of Work

The work week for regular full time employees shall be as follows a) Attendance Counsellor 2 hours per school day 10 month position=213

work days b) Bus driver 4 hours per school day 10 month position=213 work days c) Cleaners 320 hours a week Monday to Friday 12 month position=260

work days d) Custodian 375 hours per week Monday to Friday 12 month position=260

work days e) School Secretary 35 hours per week Monday to Friday 11 month

position=240 work days f) Teachers Aide 325 hours per week 10 month position=213 work days g) Maintenance Helper 2 hours per school day 12 month position=260 work

days h) The Employee hired on August 25 1993 shall be classified as the

Attendance CounselorBus Driver Notwithstanding 1901 (a) and (b) the workweek for this position shall be thirty (300) hours per week

1902 It is understood and agreed that a) the job positions of Custodian and Cleaner are twelve (12) month positions b) the job position of Teachers Aide is for 65 hours during each school day c) the job position of Attendance Counsellor is for two (2) hours during each

school day d) the job of School Secretary is for a minimum of eleven (11) months e) the job of Bus Driver is for four (4) hours per day

1903 Break Periods

a) Full time employees will be permitted a fifteen (15) minute rest period in each half of the normal scheduled day at a time to be decided by the Board IBusiness Administrator

b) A part time employee working continuously for a period of three and one half (35) hours will be entitled to a fifteen (15) minute rest period as above

1904 Nothing in this Agreement shall be construed as guaranteeing minimum or maximum hours of work

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1905 Call Back An employee who leaves his or her place of work and is subsequently called back to work prior to the starting time of his or her next scheduled shift shall be paid a minimum of four (40) hours pay at his or her basic hourly rate

1906 Overtime Authorization Overtime must be authorized in advance by the Business Administrator in accordance with Board guidelines

1907 Definition of Overtime

Any hours exceeding the hours specified in 1901 will be considered as overtime For all employees all hours worked on a Sunday or a statutory holiday shall be

considered as overtime Save and except for emergencies all necessary overtime shall be worked on a voluntary basis and shall be offered to employees firstly by occupational classification and secondly by seniority in the relevant occupational classification

1908 Overtime Rates It is understood and agreed that overtime will be calculated and paid under only one of the following rates a) time and one half (15) for all overtime hours worked on a week day or a

Saturday or a statutory holiday or b) double time for all hours worked on a Sunday

1909 Procedure

In order to have overtime work recognized an employee must forward a completed time sheet which has been duly authorized to the Board Business Administrator or hisher designate

1910 Payment

Overtime payments will be made to an employee only in the form of money which will be added to his pay cheque

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shyARTICLE 20- PAYMENT OF WAGES amp ALLOWANCES

2001 The hourly rate of each employee shall be determined based on the r

employees occupational classification and the years of experience with this Board in that particular occupational classification Schedule A which is attached hereto and which forms part of this Collective Agreement sets out the said hourly rates

2002 The Board shall calculate each employees wages in accordance with the above schedule a) The Board shall pay salaries and wages bi-weekly in accordance with this

Article and Schedule A to this Collective Agreement On each pay day each employee shall be provided with an itemized statement of hisher wages and other supplementary pay and deductions

b) The Employee hired on October 302002 shall receive their pay by cheque on the scheduled pay date All current and newly hired employees shall receive their pay by direct deposit to the Canadian Imperial Bank of Commerce

2003 Travel Allowances

a) The Board will pay each employee a Travel and Isolation Allowance of Three Thousand Nine Hundred and Fifty Dollars ($395000) per year payable as follows

June - $133400 December - $133300 March - $128300

b Regular part time employees shall be entitled to the above travel allowance on a prorated basis The attendance counsellor shall be paid 31 of the above travel allowance as his pro rated share The Bus driver shall be paid 61 of the above travel allowance as his pro rated share The maintenance helper shall be paid a pro rated share of the above travel allowance

2004 An employee will automatically progress from one step to the next in the salary range for his classification from the beginning of an employees first anniversary date (date of hire) or last promotion date until reaching the maximum step

2005 Clothing Allowance

a) Custodial staff will be provided with their choice of one (1) smock or one (1) ~ suit of work pants and shirt per year A second set of either work pants and shirt or smock may be purchased by the employee and reimbursed at half the cost upon submission of receipt

b) Maintenance staff will be provided with one (1) pair of steel-toed safety boots per year as required

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1102 The two nominees so selected shall within ten (10) calendar days of the receipt of notice of the appointment of the second of them or at some mutually agreed upon time appoint a third person who shall be the Chairperson

1103 If the recipient of the notice fails to name an appointee within the time so limited or if the two appointees fail to agree upon a Chairperson within the time so limited the appointment shall be made by the Minister of Labour pursuant to section 45 of the Ontario Labour Relations Act dealing with expedited arbitration

1104 The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision The decision is final and binding upon the Parties arid upon any employee affected by it A decision of the majority shall be the decision of the Arbitration Board and if there is no majority the decision of the Chairperson governs

1105 Each Party shall pay the costs of its appointee to the Board of Arbitration and the two Parties shall share equally the costs of the Chairperson

1106 Expedited Arbitration Prior to applying for expedited arbitration under Section 45 of the Ontario Labour Relations Act the applying party shall notify the other Party in writing of its intent and both Parties shall attempt to reach agreement on a Chairperson If a Chairperson is not agreed upon within twenty (20) calendar days of the notification that expedited arbitration is being sought either Party may apply for a Chairperson under the Act

1107 The Arbitration Board shall have the authority only to settle disputes under the terms of the definition of grievance as outlined in Clause 1002 and will only interpret and apply this Collective Agreement to the facts of the particular grievance involved The Board of Arbitration cannot amend alter or modify this Collective Agreement nor give any decision inconsistent with it nor provide a remedy applicable to the time prior to the date of the filing of the grievance

1108 Time limits in this article are mandatory and not simply directive and may only be amended by the mutual agreement in writing of both the parties

ARTICLE 12 - HEALTH AND SAFETY

1201 Health amp Safety Committee It is the responsibility of the Employer to provide a safe and healthful working environment for all of its employees and it is incumbent upon such employees of the Employer to ensure that such an environment is maintained at all times

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1202 The Employer shall maintain a Joint Health and Safety Committee in accordance with provisions of the Occupational Health and Safety Act

1203 While alleged violations of the legislation will not be grievable the Parties will coshyoperate to facilitate any required corrective measures as provided for by the Act

ARTICLE 13 - DISCIPLINE

1301 The normal pattern of disciplinary action shall be as follows a) written reprimand b) suspension and c) discharge However any of the above steps may be omitted as a result of the seriousness of the offence

1302 When an employee is called to a meeting with his Supervisor or his designate for the purpose of imposing discipline the Unit Steward shall be informed of such meeting before it is held and may be present at such meeting if the employee so requests

1303 When an employee is disciplined he shall be advised promptly in writing by the Board of the reasons for such action The disciplinary action shall form part of the employees file along with the employees reply should one be forwarded to the Board

1304 Documentation of a disciplinary nature shall not be placed on an employees file without his prior knowledge

1305 After giving prior notice to the Board Business Administrator or hisher designate a regular full time or part-time employee shall be allowed once a year to review hisher individual personnel file in the presence of the Board Business Administrator or hisher designate Such access time shall be scheduled by the Board The employee shall have the right to respond in writing to any document contained therein Additional access to the file may be granted at the Boards discretion

1306 a) The Parties agree that the Board shall not make use of an employees disciplinary record of incidents which occurred over two years ago unless the prior disciplinary record sets out conduct which is of a similar or related nature to the current conduct for which the employee is being disciplined

b) Notwithstanding clause 1306 (a) the parties further agree that if an employees disciplinary record contains incidents which occurred over two years ago the employee cannot claim a clean disciplinary record with respect to that time period in subsequent disciplinary hearings

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ARTICLE 14 - SE~IIORITY

1401 Seniority is defined as length of service of regular full-time employees in the bargaining unit and shall include service with the Board prior to certification of the Union Seniority shall be adjusted for leaves granted during which seniority does not accumulate Seniority shall be allocated to regular part-time employees on a prorated basis

1402 Seniority in each occupational classification shall be used in determining the order of lay-offs permanent reductions in the work force and recall providing always that the remaining employee has the necessary experience qualifications and ability to perform the work

1403 The Board will maintain seniority lists by occupational classification showing each employees name the date on which the employees seniority commenced and the occupational classification In January of each year the Board will revise the seniority lists and provide copies of the revised lists to the Union and post on bulletin boards Any errors or discrepancies on the seniority list must be communicated in writing to the Board Business Administrator by March 1 of each year

1404 Newly hired probationary employees shall not attain seniority rights until they have completed the probationary period Upon satisfactory completion of the probationary period the employees name shall be added to the existing seniority list showing the seniority date as the date of hire

1405 The selections and promotions of employees to Board positions outside the bargaining unit are not covered by this Agreement In the event an employee is or has been promoted to any such position and is returned to a vacant position within the bargaining unit within six (6) months he shall be credited with the additional seniority accrued during the period he was employed outside the bargaining unit

1406 Vacancies in regular full time or part-time positions or new positions in one occupational classification may be filled by an existing employee of the Board who is in a different occupational classification In the event that the said employee does not successfully complete the probationary period in the new pOSition he shall have the right to transfer back to his old position without any loss of seniority The seniority of an employee who transfers back to his old position in his original occupational classification shall include his seniority in the old occupational classification prior to transfer plus the time served unsuccessfully in the probationary period in the new position It is understood and agreed by the parties that regular full-time and part-time employees who have successfully completed a probationary period in any occupational classification can grieve any discipline imposed on them without just cause

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1407 Seniority shall terminate when an employee 1 terminates his employment for any reason 2 is discharged and not reinstated through the grievance or arbitration process 3 is laid off for a period longer than twelve (12) consecutive months 4 is retired at the regular retirement age 5 is absent for more than three (3) working days without notifying the Board

Business Administrator and without securing a leave of absence or without giving a reason satisfactory to the Board or

6 declines more than one recall within a six (6) month period

ARTICLE 15 - JOB POSTINGS

1501 All cases of filling vacancies promotions and transfers shall be based on the following factors a) skill and the ability to perform the requirements of the position b) seniority (firstly within the relevant occupational classification and secondly

total seniority with the Employer) Where the qualifications in factor (a) are relatively equal seniority shall govern Such judgement shall be made in a fair impartial and consistent manner

1502 When a vacancy in a regular full or part-time position occurs and the position is to be filled or a new position is created within the bargaining unit the Board shall post the position in its offices and its school for a minimum of five (5) working days

1503 Employees may apply in writing within five (5) working days after the notice is posted to the Board Business Administrator for such vacancy or new position Internal applicants shall be considered first prior to outside candidates Internal applicants shall be notified in writing of the results of the competition

1504 In the event that a vacancy in a regular full or part-time position or that a new position in on occupational classification is filled by an existing employee of the Board who is in a different occupational classification the following procedure shall apply The successful employees position in his old occupational classification shall be filled only on an acting basis while the successful employee completes the probationary period in the new position (It is understood and agreed that the successful employee is on probation in the different occupational classification only) In the event that the said employee does not successfully complete the probationary period in the new position he shall have the right to transfer back to his old position without any loss of seniority (The seniority of an employee who transfers back to his old position in his original occupational classification shall include his seniority in the old occupational classification prior to transfer plus the time served unsuccessfully in the probationary period in the new position) It is understood and agreed by the parties that regular full and part~time employees who have successfully completed a probationary period in any

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occupational classification can grieve any discipline imposed on them without just cause

ARTICLE 16 - LAY-OFF AND RECALL

Definition A layoff shall be defined as a reduction in the work force It is understood and agreed by the Parties that only regular full and part time employees are covered under this Article

1601 In the event of a proposed layoff at the Moosonee Roman Catholic Seperate School Board of more tllan five (5) working days the employer will a) provide the Union Steward with no less than thiry (30) calendar days

notice of such layoff and b) meet with the Union to review the following

i) the reason causing the layoff ii) the method of implementation including the areas of cut-back and

employees to be laid off iii) the impact on employees

1602 The Parties agree that it is the Boards exclusive right to determine and to modify from time to time as may be necessary staff complement and to implement layshyoffs and recalls and to hire new employees subject only to the following conditions (a) In the event of a lay-off of employees becoming necessary in any

occupational classification this lay-off shall be carried out in such a manner as to maintain an efficient work force Employees shall be laid off in the reverse order of their seniority in that occupational classification provided that the employees retained to perform the work available during a lay-off shall be the employees who have the qualifications experience and ability to do the work available and who are willing to perform the work required

(b) No new employee will be hired until a person who is on lay-off from the relevant occupational classification and who still retains seniority has been given an opportunity for recall to all positions at a level similar to the one he held prior to the lay-off provided that such a person has the qualifications experience and ability to do the work in question

(c) Employees who are on lay-off shall be given preference for substitute or temporary assignments in their classification

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- ARTICLE 17 - LEAVES OF ABSENCE

1701 PREGNANCYADOPTION AND PARENTAL LEAVE UNDER THE EMPLOYMENT STANDARDS ACT a) The Board shall grant to each employee pregnancy andor parental leave in

accordance with the Employment Standards Act provided the employee is eligible for the said leave under the Employment Standards Act

b) The Board shall make available to each employee a copy of the relevant sections of the Employment Standards Act setting out the above leaves

c) Subject to the Boards approval leave under Article 1701 may be extended up to one (1) year

d) During leave under 1701 an employee will continue to accumulate seniority with the Board

1702 Bereavement Leave a) When death occurs in the immediate family of an employee who has

acquired seniority he shall be granted not more than five (5) working days paid leave of absence An employee shall be granted an additional two (2) days paid leave of absence for the purpose of travel and attending the funeral out of town The employee must provide the Employer with proof that the funeral is out of town Immediate family is defined as mother father son daughter spouse legal guardian brother sister and legally adopted child

b) When death occurs in the family of an employee who has acquired seniority he shall be granted not more than three (3) working days paid leave of absence An employee shall be granted an additional two (2) days paid leave of absence for the purpose of travel and attending the funeral out of town The employee must provide the Employer with proof that the funeral it out of town Family is defined as grand parent sister or brothershyin-law daughter or son-in-law mother-in-law or father-in-law uncle or aunt

c) Regular part-time employees shall be entitled to bereavement leave for scheduled work day or days it coincides with on a prorated basis

1703 Jury or Court Witness Leave Regular full-time employees shall be entitled to the following Special leave with pay may be granted when an employee is required to appear in court by reason of a summons to serve as a juror or by reason of a subpoena

to be a witness in any proceeding to which the employee is nota party or one of the persons charged The employee shall submit to the Board a certificate signed by a court representative testifying to his presence at court and remit any fee (excluding expenses) the employee received from the court Time spent by an employee required to serve as court witness in any matter rising out of his employment shall be considered as time worked at the appropriate rate of pay Regular part-time employees shall be entitled to Jury and Court Witness Leave for scheduled work day or days it coincides with on a prorated basis

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1704 Special Leave Regular full time employees shall be entitled to the following Special leave without pay and without loss of seniority for other eventualities such as illness of immediate family member emergencies etc may be granted to an employee of the Board up to a maximum of five (5) working days in any calendar year The employee may elect to use two (2) days from their sick bank if so desired of the five (5) days allowed under this article

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1705 Union Leave a)

(b)

A leave of absence without pay and without loss of seniority shall be granted to an employee elected or appointed to represent the Union at a union convention seminar or meeting provided i) two weeks prior notice in writing is given to the Board Business

Administrator ii) no more than one (1) employee is on leave for union activities at any

one time and iii) the total aggregate leave granted under this section shall not exceed

ten (10) working days in one calendar year When an employee is elected or appointed to a full-time position with OPSEU or with an organization to which OPSEU is affiliated the Board shall grant leave of absence without pay Said leave shall only be granted to one employee at anyone period of time and said leave shall not exceed two years in duration At the end of the said leave the employee shall be reinstated to his former position at the then current rate of pay provided the former position is still within the Board complement

1706 General Leaves of Absence Upon written request with ten (10) days advanced notice the Business Administrator may grant leaves of absence without pay to an employee for a reasonable length of time providing adequate coverage for their pOSition is available Permission to take a requested leave of absence shall be confirmed in writing

1707 Seniority shall continue to accumulate during any paid leave

ARTICLE 18 BENEFIT PLANS

1801 Pension Plan The Board and all eligible employees shall make contributions towards the Ontario Municipal Employees Retirement system in accordance with the legislation

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1802 Extended Health Group Life and Dental Plans The Board agrees to pay one hundred percent (100) of the cost of every eligible employees enrollment in each of the following plans or its equivalent (a) The current Extended Health Care Plan

- Prescription drug reimbursement with no deductibles - Vision care - $100 every two (2) years with no deductibles - Semi-private hospital coverage

- Supplemental Health Care with no deductibles (b) The current Group Life Insurance Plan

- $75000 per person coverage including AD amp D (c) The current Dental Care Plan

- 100 co-insurance - Current ODA rate schedule - Basic and additional services - Annual maximums per insured individual of $2000 for basic services

(d) Regular part-time employees shall bear 50 of the premium costs

1803 Short Term Disability a) Newly hired regular full time employees who have completed six (6) months

of employment with the Board shall be credited with the following sick leave credits i) 100 days of sick leave at 100 of current salary

b) On each September 1 thereafter regular full time employees shall be credited with the following sick leave credits i) 15 days of sick leave at 100 ii) any unused days of sick leave at 100 of salary from prior years to a

maximum of 15 additional days These unused sick days can be used by regular full time employees to extend the period of sick leave at 100 of salary for up to 15 additional days

c) Other than the accumulation set out in Clause 1803 (b) there shall be no accumulation of unused sick leave days

d) Regular part-time employees shall be credited with sick leave credits on a pro rata basis

e) An employee shall be required to produce a certificate from a medical practitioner for any illness in excess of three (3) working days certifying that he was unable to carry out his duties due to illness A medical certificate may be requested from the employee for any length of sick leave if prior notice is given to the employee

f) The Board reserves the right to require an employee to undergo a medical examination as required in order to ensure fitness for work

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1804 Long Term Disability Plan

The Union and the employees agree that enrollment in the OTIP Long Term Disability Plan or its equivalent shall be compulsory for all eligible employees v Each eligible employee shall pay 100 of the cost of his enrollment in the Ontario Teachers Insurance Plan or its equivalent and the said cost of enrollment shall be deducted by the Board from each eligible employees wages

ARTICLE 19 - HOURS OF WORK amp OVERTIME

1901 Hours of Work

The work week for regular full time employees shall be as follows a) Attendance Counsellor 2 hours per school day 10 month position=213

work days b) Bus driver 4 hours per school day 10 month position=213 work days c) Cleaners 320 hours a week Monday to Friday 12 month position=260

work days d) Custodian 375 hours per week Monday to Friday 12 month position=260

work days e) School Secretary 35 hours per week Monday to Friday 11 month

position=240 work days f) Teachers Aide 325 hours per week 10 month position=213 work days g) Maintenance Helper 2 hours per school day 12 month position=260 work

days h) The Employee hired on August 25 1993 shall be classified as the

Attendance CounselorBus Driver Notwithstanding 1901 (a) and (b) the workweek for this position shall be thirty (300) hours per week

1902 It is understood and agreed that a) the job positions of Custodian and Cleaner are twelve (12) month positions b) the job position of Teachers Aide is for 65 hours during each school day c) the job position of Attendance Counsellor is for two (2) hours during each

school day d) the job of School Secretary is for a minimum of eleven (11) months e) the job of Bus Driver is for four (4) hours per day

1903 Break Periods

a) Full time employees will be permitted a fifteen (15) minute rest period in each half of the normal scheduled day at a time to be decided by the Board IBusiness Administrator

b) A part time employee working continuously for a period of three and one half (35) hours will be entitled to a fifteen (15) minute rest period as above

1904 Nothing in this Agreement shall be construed as guaranteeing minimum or maximum hours of work

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1905 Call Back An employee who leaves his or her place of work and is subsequently called back to work prior to the starting time of his or her next scheduled shift shall be paid a minimum of four (40) hours pay at his or her basic hourly rate

1906 Overtime Authorization Overtime must be authorized in advance by the Business Administrator in accordance with Board guidelines

1907 Definition of Overtime

Any hours exceeding the hours specified in 1901 will be considered as overtime For all employees all hours worked on a Sunday or a statutory holiday shall be

considered as overtime Save and except for emergencies all necessary overtime shall be worked on a voluntary basis and shall be offered to employees firstly by occupational classification and secondly by seniority in the relevant occupational classification

1908 Overtime Rates It is understood and agreed that overtime will be calculated and paid under only one of the following rates a) time and one half (15) for all overtime hours worked on a week day or a

Saturday or a statutory holiday or b) double time for all hours worked on a Sunday

1909 Procedure

In order to have overtime work recognized an employee must forward a completed time sheet which has been duly authorized to the Board Business Administrator or hisher designate

1910 Payment

Overtime payments will be made to an employee only in the form of money which will be added to his pay cheque

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17

shyARTICLE 20- PAYMENT OF WAGES amp ALLOWANCES

2001 The hourly rate of each employee shall be determined based on the r

employees occupational classification and the years of experience with this Board in that particular occupational classification Schedule A which is attached hereto and which forms part of this Collective Agreement sets out the said hourly rates

2002 The Board shall calculate each employees wages in accordance with the above schedule a) The Board shall pay salaries and wages bi-weekly in accordance with this

Article and Schedule A to this Collective Agreement On each pay day each employee shall be provided with an itemized statement of hisher wages and other supplementary pay and deductions

b) The Employee hired on October 302002 shall receive their pay by cheque on the scheduled pay date All current and newly hired employees shall receive their pay by direct deposit to the Canadian Imperial Bank of Commerce

2003 Travel Allowances

a) The Board will pay each employee a Travel and Isolation Allowance of Three Thousand Nine Hundred and Fifty Dollars ($395000) per year payable as follows

June - $133400 December - $133300 March - $128300

b Regular part time employees shall be entitled to the above travel allowance on a prorated basis The attendance counsellor shall be paid 31 of the above travel allowance as his pro rated share The Bus driver shall be paid 61 of the above travel allowance as his pro rated share The maintenance helper shall be paid a pro rated share of the above travel allowance

2004 An employee will automatically progress from one step to the next in the salary range for his classification from the beginning of an employees first anniversary date (date of hire) or last promotion date until reaching the maximum step

2005 Clothing Allowance

a) Custodial staff will be provided with their choice of one (1) smock or one (1) ~ suit of work pants and shirt per year A second set of either work pants and shirt or smock may be purchased by the employee and reimbursed at half the cost upon submission of receipt

b) Maintenance staff will be provided with one (1) pair of steel-toed safety boots per year as required

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1202 The Employer shall maintain a Joint Health and Safety Committee in accordance with provisions of the Occupational Health and Safety Act

1203 While alleged violations of the legislation will not be grievable the Parties will coshyoperate to facilitate any required corrective measures as provided for by the Act

ARTICLE 13 - DISCIPLINE

1301 The normal pattern of disciplinary action shall be as follows a) written reprimand b) suspension and c) discharge However any of the above steps may be omitted as a result of the seriousness of the offence

1302 When an employee is called to a meeting with his Supervisor or his designate for the purpose of imposing discipline the Unit Steward shall be informed of such meeting before it is held and may be present at such meeting if the employee so requests

1303 When an employee is disciplined he shall be advised promptly in writing by the Board of the reasons for such action The disciplinary action shall form part of the employees file along with the employees reply should one be forwarded to the Board

1304 Documentation of a disciplinary nature shall not be placed on an employees file without his prior knowledge

1305 After giving prior notice to the Board Business Administrator or hisher designate a regular full time or part-time employee shall be allowed once a year to review hisher individual personnel file in the presence of the Board Business Administrator or hisher designate Such access time shall be scheduled by the Board The employee shall have the right to respond in writing to any document contained therein Additional access to the file may be granted at the Boards discretion

1306 a) The Parties agree that the Board shall not make use of an employees disciplinary record of incidents which occurred over two years ago unless the prior disciplinary record sets out conduct which is of a similar or related nature to the current conduct for which the employee is being disciplined

b) Notwithstanding clause 1306 (a) the parties further agree that if an employees disciplinary record contains incidents which occurred over two years ago the employee cannot claim a clean disciplinary record with respect to that time period in subsequent disciplinary hearings

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ARTICLE 14 - SE~IIORITY

1401 Seniority is defined as length of service of regular full-time employees in the bargaining unit and shall include service with the Board prior to certification of the Union Seniority shall be adjusted for leaves granted during which seniority does not accumulate Seniority shall be allocated to regular part-time employees on a prorated basis

1402 Seniority in each occupational classification shall be used in determining the order of lay-offs permanent reductions in the work force and recall providing always that the remaining employee has the necessary experience qualifications and ability to perform the work

1403 The Board will maintain seniority lists by occupational classification showing each employees name the date on which the employees seniority commenced and the occupational classification In January of each year the Board will revise the seniority lists and provide copies of the revised lists to the Union and post on bulletin boards Any errors or discrepancies on the seniority list must be communicated in writing to the Board Business Administrator by March 1 of each year

1404 Newly hired probationary employees shall not attain seniority rights until they have completed the probationary period Upon satisfactory completion of the probationary period the employees name shall be added to the existing seniority list showing the seniority date as the date of hire

1405 The selections and promotions of employees to Board positions outside the bargaining unit are not covered by this Agreement In the event an employee is or has been promoted to any such position and is returned to a vacant position within the bargaining unit within six (6) months he shall be credited with the additional seniority accrued during the period he was employed outside the bargaining unit

1406 Vacancies in regular full time or part-time positions or new positions in one occupational classification may be filled by an existing employee of the Board who is in a different occupational classification In the event that the said employee does not successfully complete the probationary period in the new pOSition he shall have the right to transfer back to his old position without any loss of seniority The seniority of an employee who transfers back to his old position in his original occupational classification shall include his seniority in the old occupational classification prior to transfer plus the time served unsuccessfully in the probationary period in the new position It is understood and agreed by the parties that regular full-time and part-time employees who have successfully completed a probationary period in any occupational classification can grieve any discipline imposed on them without just cause

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1407 Seniority shall terminate when an employee 1 terminates his employment for any reason 2 is discharged and not reinstated through the grievance or arbitration process 3 is laid off for a period longer than twelve (12) consecutive months 4 is retired at the regular retirement age 5 is absent for more than three (3) working days without notifying the Board

Business Administrator and without securing a leave of absence or without giving a reason satisfactory to the Board or

6 declines more than one recall within a six (6) month period

ARTICLE 15 - JOB POSTINGS

1501 All cases of filling vacancies promotions and transfers shall be based on the following factors a) skill and the ability to perform the requirements of the position b) seniority (firstly within the relevant occupational classification and secondly

total seniority with the Employer) Where the qualifications in factor (a) are relatively equal seniority shall govern Such judgement shall be made in a fair impartial and consistent manner

1502 When a vacancy in a regular full or part-time position occurs and the position is to be filled or a new position is created within the bargaining unit the Board shall post the position in its offices and its school for a minimum of five (5) working days

1503 Employees may apply in writing within five (5) working days after the notice is posted to the Board Business Administrator for such vacancy or new position Internal applicants shall be considered first prior to outside candidates Internal applicants shall be notified in writing of the results of the competition

1504 In the event that a vacancy in a regular full or part-time position or that a new position in on occupational classification is filled by an existing employee of the Board who is in a different occupational classification the following procedure shall apply The successful employees position in his old occupational classification shall be filled only on an acting basis while the successful employee completes the probationary period in the new position (It is understood and agreed that the successful employee is on probation in the different occupational classification only) In the event that the said employee does not successfully complete the probationary period in the new position he shall have the right to transfer back to his old position without any loss of seniority (The seniority of an employee who transfers back to his old position in his original occupational classification shall include his seniority in the old occupational classification prior to transfer plus the time served unsuccessfully in the probationary period in the new position) It is understood and agreed by the parties that regular full and part~time employees who have successfully completed a probationary period in any

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occupational classification can grieve any discipline imposed on them without just cause

ARTICLE 16 - LAY-OFF AND RECALL

Definition A layoff shall be defined as a reduction in the work force It is understood and agreed by the Parties that only regular full and part time employees are covered under this Article

1601 In the event of a proposed layoff at the Moosonee Roman Catholic Seperate School Board of more tllan five (5) working days the employer will a) provide the Union Steward with no less than thiry (30) calendar days

notice of such layoff and b) meet with the Union to review the following

i) the reason causing the layoff ii) the method of implementation including the areas of cut-back and

employees to be laid off iii) the impact on employees

1602 The Parties agree that it is the Boards exclusive right to determine and to modify from time to time as may be necessary staff complement and to implement layshyoffs and recalls and to hire new employees subject only to the following conditions (a) In the event of a lay-off of employees becoming necessary in any

occupational classification this lay-off shall be carried out in such a manner as to maintain an efficient work force Employees shall be laid off in the reverse order of their seniority in that occupational classification provided that the employees retained to perform the work available during a lay-off shall be the employees who have the qualifications experience and ability to do the work available and who are willing to perform the work required

(b) No new employee will be hired until a person who is on lay-off from the relevant occupational classification and who still retains seniority has been given an opportunity for recall to all positions at a level similar to the one he held prior to the lay-off provided that such a person has the qualifications experience and ability to do the work in question

(c) Employees who are on lay-off shall be given preference for substitute or temporary assignments in their classification

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- ARTICLE 17 - LEAVES OF ABSENCE

1701 PREGNANCYADOPTION AND PARENTAL LEAVE UNDER THE EMPLOYMENT STANDARDS ACT a) The Board shall grant to each employee pregnancy andor parental leave in

accordance with the Employment Standards Act provided the employee is eligible for the said leave under the Employment Standards Act

b) The Board shall make available to each employee a copy of the relevant sections of the Employment Standards Act setting out the above leaves

c) Subject to the Boards approval leave under Article 1701 may be extended up to one (1) year

d) During leave under 1701 an employee will continue to accumulate seniority with the Board

1702 Bereavement Leave a) When death occurs in the immediate family of an employee who has

acquired seniority he shall be granted not more than five (5) working days paid leave of absence An employee shall be granted an additional two (2) days paid leave of absence for the purpose of travel and attending the funeral out of town The employee must provide the Employer with proof that the funeral is out of town Immediate family is defined as mother father son daughter spouse legal guardian brother sister and legally adopted child

b) When death occurs in the family of an employee who has acquired seniority he shall be granted not more than three (3) working days paid leave of absence An employee shall be granted an additional two (2) days paid leave of absence for the purpose of travel and attending the funeral out of town The employee must provide the Employer with proof that the funeral it out of town Family is defined as grand parent sister or brothershyin-law daughter or son-in-law mother-in-law or father-in-law uncle or aunt

c) Regular part-time employees shall be entitled to bereavement leave for scheduled work day or days it coincides with on a prorated basis

1703 Jury or Court Witness Leave Regular full-time employees shall be entitled to the following Special leave with pay may be granted when an employee is required to appear in court by reason of a summons to serve as a juror or by reason of a subpoena

to be a witness in any proceeding to which the employee is nota party or one of the persons charged The employee shall submit to the Board a certificate signed by a court representative testifying to his presence at court and remit any fee (excluding expenses) the employee received from the court Time spent by an employee required to serve as court witness in any matter rising out of his employment shall be considered as time worked at the appropriate rate of pay Regular part-time employees shall be entitled to Jury and Court Witness Leave for scheduled work day or days it coincides with on a prorated basis

bull bull 13

1704 Special Leave Regular full time employees shall be entitled to the following Special leave without pay and without loss of seniority for other eventualities such as illness of immediate family member emergencies etc may be granted to an employee of the Board up to a maximum of five (5) working days in any calendar year The employee may elect to use two (2) days from their sick bank if so desired of the five (5) days allowed under this article

Y

1705 Union Leave a)

(b)

A leave of absence without pay and without loss of seniority shall be granted to an employee elected or appointed to represent the Union at a union convention seminar or meeting provided i) two weeks prior notice in writing is given to the Board Business

Administrator ii) no more than one (1) employee is on leave for union activities at any

one time and iii) the total aggregate leave granted under this section shall not exceed

ten (10) working days in one calendar year When an employee is elected or appointed to a full-time position with OPSEU or with an organization to which OPSEU is affiliated the Board shall grant leave of absence without pay Said leave shall only be granted to one employee at anyone period of time and said leave shall not exceed two years in duration At the end of the said leave the employee shall be reinstated to his former position at the then current rate of pay provided the former position is still within the Board complement

1706 General Leaves of Absence Upon written request with ten (10) days advanced notice the Business Administrator may grant leaves of absence without pay to an employee for a reasonable length of time providing adequate coverage for their pOSition is available Permission to take a requested leave of absence shall be confirmed in writing

1707 Seniority shall continue to accumulate during any paid leave

ARTICLE 18 BENEFIT PLANS

1801 Pension Plan The Board and all eligible employees shall make contributions towards the Ontario Municipal Employees Retirement system in accordance with the legislation

bull bull 14

1802 Extended Health Group Life and Dental Plans The Board agrees to pay one hundred percent (100) of the cost of every eligible employees enrollment in each of the following plans or its equivalent (a) The current Extended Health Care Plan

- Prescription drug reimbursement with no deductibles - Vision care - $100 every two (2) years with no deductibles - Semi-private hospital coverage

- Supplemental Health Care with no deductibles (b) The current Group Life Insurance Plan

- $75000 per person coverage including AD amp D (c) The current Dental Care Plan

- 100 co-insurance - Current ODA rate schedule - Basic and additional services - Annual maximums per insured individual of $2000 for basic services

(d) Regular part-time employees shall bear 50 of the premium costs

1803 Short Term Disability a) Newly hired regular full time employees who have completed six (6) months

of employment with the Board shall be credited with the following sick leave credits i) 100 days of sick leave at 100 of current salary

b) On each September 1 thereafter regular full time employees shall be credited with the following sick leave credits i) 15 days of sick leave at 100 ii) any unused days of sick leave at 100 of salary from prior years to a

maximum of 15 additional days These unused sick days can be used by regular full time employees to extend the period of sick leave at 100 of salary for up to 15 additional days

c) Other than the accumulation set out in Clause 1803 (b) there shall be no accumulation of unused sick leave days

d) Regular part-time employees shall be credited with sick leave credits on a pro rata basis

e) An employee shall be required to produce a certificate from a medical practitioner for any illness in excess of three (3) working days certifying that he was unable to carry out his duties due to illness A medical certificate may be requested from the employee for any length of sick leave if prior notice is given to the employee

f) The Board reserves the right to require an employee to undergo a medical examination as required in order to ensure fitness for work

bull bull

15

1804 Long Term Disability Plan

The Union and the employees agree that enrollment in the OTIP Long Term Disability Plan or its equivalent shall be compulsory for all eligible employees v Each eligible employee shall pay 100 of the cost of his enrollment in the Ontario Teachers Insurance Plan or its equivalent and the said cost of enrollment shall be deducted by the Board from each eligible employees wages

ARTICLE 19 - HOURS OF WORK amp OVERTIME

1901 Hours of Work

The work week for regular full time employees shall be as follows a) Attendance Counsellor 2 hours per school day 10 month position=213

work days b) Bus driver 4 hours per school day 10 month position=213 work days c) Cleaners 320 hours a week Monday to Friday 12 month position=260

work days d) Custodian 375 hours per week Monday to Friday 12 month position=260

work days e) School Secretary 35 hours per week Monday to Friday 11 month

position=240 work days f) Teachers Aide 325 hours per week 10 month position=213 work days g) Maintenance Helper 2 hours per school day 12 month position=260 work

days h) The Employee hired on August 25 1993 shall be classified as the

Attendance CounselorBus Driver Notwithstanding 1901 (a) and (b) the workweek for this position shall be thirty (300) hours per week

1902 It is understood and agreed that a) the job positions of Custodian and Cleaner are twelve (12) month positions b) the job position of Teachers Aide is for 65 hours during each school day c) the job position of Attendance Counsellor is for two (2) hours during each

school day d) the job of School Secretary is for a minimum of eleven (11) months e) the job of Bus Driver is for four (4) hours per day

1903 Break Periods

a) Full time employees will be permitted a fifteen (15) minute rest period in each half of the normal scheduled day at a time to be decided by the Board IBusiness Administrator

b) A part time employee working continuously for a period of three and one half (35) hours will be entitled to a fifteen (15) minute rest period as above

1904 Nothing in this Agreement shall be construed as guaranteeing minimum or maximum hours of work

bull bull 16

1905 Call Back An employee who leaves his or her place of work and is subsequently called back to work prior to the starting time of his or her next scheduled shift shall be paid a minimum of four (40) hours pay at his or her basic hourly rate

1906 Overtime Authorization Overtime must be authorized in advance by the Business Administrator in accordance with Board guidelines

1907 Definition of Overtime

Any hours exceeding the hours specified in 1901 will be considered as overtime For all employees all hours worked on a Sunday or a statutory holiday shall be

considered as overtime Save and except for emergencies all necessary overtime shall be worked on a voluntary basis and shall be offered to employees firstly by occupational classification and secondly by seniority in the relevant occupational classification

1908 Overtime Rates It is understood and agreed that overtime will be calculated and paid under only one of the following rates a) time and one half (15) for all overtime hours worked on a week day or a

Saturday or a statutory holiday or b) double time for all hours worked on a Sunday

1909 Procedure

In order to have overtime work recognized an employee must forward a completed time sheet which has been duly authorized to the Board Business Administrator or hisher designate

1910 Payment

Overtime payments will be made to an employee only in the form of money which will be added to his pay cheque

bull bull

17

shyARTICLE 20- PAYMENT OF WAGES amp ALLOWANCES

2001 The hourly rate of each employee shall be determined based on the r

employees occupational classification and the years of experience with this Board in that particular occupational classification Schedule A which is attached hereto and which forms part of this Collective Agreement sets out the said hourly rates

2002 The Board shall calculate each employees wages in accordance with the above schedule a) The Board shall pay salaries and wages bi-weekly in accordance with this

Article and Schedule A to this Collective Agreement On each pay day each employee shall be provided with an itemized statement of hisher wages and other supplementary pay and deductions

b) The Employee hired on October 302002 shall receive their pay by cheque on the scheduled pay date All current and newly hired employees shall receive their pay by direct deposit to the Canadian Imperial Bank of Commerce

2003 Travel Allowances

a) The Board will pay each employee a Travel and Isolation Allowance of Three Thousand Nine Hundred and Fifty Dollars ($395000) per year payable as follows

June - $133400 December - $133300 March - $128300

b Regular part time employees shall be entitled to the above travel allowance on a prorated basis The attendance counsellor shall be paid 31 of the above travel allowance as his pro rated share The Bus driver shall be paid 61 of the above travel allowance as his pro rated share The maintenance helper shall be paid a pro rated share of the above travel allowance

2004 An employee will automatically progress from one step to the next in the salary range for his classification from the beginning of an employees first anniversary date (date of hire) or last promotion date until reaching the maximum step

2005 Clothing Allowance

a) Custodial staff will be provided with their choice of one (1) smock or one (1) ~ suit of work pants and shirt per year A second set of either work pants and shirt or smock may be purchased by the employee and reimbursed at half the cost upon submission of receipt

b) Maintenance staff will be provided with one (1) pair of steel-toed safety boots per year as required

bull bull 9

ARTICLE 14 - SE~IIORITY

1401 Seniority is defined as length of service of regular full-time employees in the bargaining unit and shall include service with the Board prior to certification of the Union Seniority shall be adjusted for leaves granted during which seniority does not accumulate Seniority shall be allocated to regular part-time employees on a prorated basis

1402 Seniority in each occupational classification shall be used in determining the order of lay-offs permanent reductions in the work force and recall providing always that the remaining employee has the necessary experience qualifications and ability to perform the work

1403 The Board will maintain seniority lists by occupational classification showing each employees name the date on which the employees seniority commenced and the occupational classification In January of each year the Board will revise the seniority lists and provide copies of the revised lists to the Union and post on bulletin boards Any errors or discrepancies on the seniority list must be communicated in writing to the Board Business Administrator by March 1 of each year

1404 Newly hired probationary employees shall not attain seniority rights until they have completed the probationary period Upon satisfactory completion of the probationary period the employees name shall be added to the existing seniority list showing the seniority date as the date of hire

1405 The selections and promotions of employees to Board positions outside the bargaining unit are not covered by this Agreement In the event an employee is or has been promoted to any such position and is returned to a vacant position within the bargaining unit within six (6) months he shall be credited with the additional seniority accrued during the period he was employed outside the bargaining unit

1406 Vacancies in regular full time or part-time positions or new positions in one occupational classification may be filled by an existing employee of the Board who is in a different occupational classification In the event that the said employee does not successfully complete the probationary period in the new pOSition he shall have the right to transfer back to his old position without any loss of seniority The seniority of an employee who transfers back to his old position in his original occupational classification shall include his seniority in the old occupational classification prior to transfer plus the time served unsuccessfully in the probationary period in the new position It is understood and agreed by the parties that regular full-time and part-time employees who have successfully completed a probationary period in any occupational classification can grieve any discipline imposed on them without just cause

F

bull bull 10

1407 Seniority shall terminate when an employee 1 terminates his employment for any reason 2 is discharged and not reinstated through the grievance or arbitration process 3 is laid off for a period longer than twelve (12) consecutive months 4 is retired at the regular retirement age 5 is absent for more than three (3) working days without notifying the Board

Business Administrator and without securing a leave of absence or without giving a reason satisfactory to the Board or

6 declines more than one recall within a six (6) month period

ARTICLE 15 - JOB POSTINGS

1501 All cases of filling vacancies promotions and transfers shall be based on the following factors a) skill and the ability to perform the requirements of the position b) seniority (firstly within the relevant occupational classification and secondly

total seniority with the Employer) Where the qualifications in factor (a) are relatively equal seniority shall govern Such judgement shall be made in a fair impartial and consistent manner

1502 When a vacancy in a regular full or part-time position occurs and the position is to be filled or a new position is created within the bargaining unit the Board shall post the position in its offices and its school for a minimum of five (5) working days

1503 Employees may apply in writing within five (5) working days after the notice is posted to the Board Business Administrator for such vacancy or new position Internal applicants shall be considered first prior to outside candidates Internal applicants shall be notified in writing of the results of the competition

1504 In the event that a vacancy in a regular full or part-time position or that a new position in on occupational classification is filled by an existing employee of the Board who is in a different occupational classification the following procedure shall apply The successful employees position in his old occupational classification shall be filled only on an acting basis while the successful employee completes the probationary period in the new position (It is understood and agreed that the successful employee is on probation in the different occupational classification only) In the event that the said employee does not successfully complete the probationary period in the new position he shall have the right to transfer back to his old position without any loss of seniority (The seniority of an employee who transfers back to his old position in his original occupational classification shall include his seniority in the old occupational classification prior to transfer plus the time served unsuccessfully in the probationary period in the new position) It is understood and agreed by the parties that regular full and part~time employees who have successfully completed a probationary period in any

bull 11

occupational classification can grieve any discipline imposed on them without just cause

ARTICLE 16 - LAY-OFF AND RECALL

Definition A layoff shall be defined as a reduction in the work force It is understood and agreed by the Parties that only regular full and part time employees are covered under this Article

1601 In the event of a proposed layoff at the Moosonee Roman Catholic Seperate School Board of more tllan five (5) working days the employer will a) provide the Union Steward with no less than thiry (30) calendar days

notice of such layoff and b) meet with the Union to review the following

i) the reason causing the layoff ii) the method of implementation including the areas of cut-back and

employees to be laid off iii) the impact on employees

1602 The Parties agree that it is the Boards exclusive right to determine and to modify from time to time as may be necessary staff complement and to implement layshyoffs and recalls and to hire new employees subject only to the following conditions (a) In the event of a lay-off of employees becoming necessary in any

occupational classification this lay-off shall be carried out in such a manner as to maintain an efficient work force Employees shall be laid off in the reverse order of their seniority in that occupational classification provided that the employees retained to perform the work available during a lay-off shall be the employees who have the qualifications experience and ability to do the work available and who are willing to perform the work required

(b) No new employee will be hired until a person who is on lay-off from the relevant occupational classification and who still retains seniority has been given an opportunity for recall to all positions at a level similar to the one he held prior to the lay-off provided that such a person has the qualifications experience and ability to do the work in question

(c) Employees who are on lay-off shall be given preference for substitute or temporary assignments in their classification

bull bull shy

12

- ARTICLE 17 - LEAVES OF ABSENCE

1701 PREGNANCYADOPTION AND PARENTAL LEAVE UNDER THE EMPLOYMENT STANDARDS ACT a) The Board shall grant to each employee pregnancy andor parental leave in

accordance with the Employment Standards Act provided the employee is eligible for the said leave under the Employment Standards Act

b) The Board shall make available to each employee a copy of the relevant sections of the Employment Standards Act setting out the above leaves

c) Subject to the Boards approval leave under Article 1701 may be extended up to one (1) year

d) During leave under 1701 an employee will continue to accumulate seniority with the Board

1702 Bereavement Leave a) When death occurs in the immediate family of an employee who has

acquired seniority he shall be granted not more than five (5) working days paid leave of absence An employee shall be granted an additional two (2) days paid leave of absence for the purpose of travel and attending the funeral out of town The employee must provide the Employer with proof that the funeral is out of town Immediate family is defined as mother father son daughter spouse legal guardian brother sister and legally adopted child

b) When death occurs in the family of an employee who has acquired seniority he shall be granted not more than three (3) working days paid leave of absence An employee shall be granted an additional two (2) days paid leave of absence for the purpose of travel and attending the funeral out of town The employee must provide the Employer with proof that the funeral it out of town Family is defined as grand parent sister or brothershyin-law daughter or son-in-law mother-in-law or father-in-law uncle or aunt

c) Regular part-time employees shall be entitled to bereavement leave for scheduled work day or days it coincides with on a prorated basis

1703 Jury or Court Witness Leave Regular full-time employees shall be entitled to the following Special leave with pay may be granted when an employee is required to appear in court by reason of a summons to serve as a juror or by reason of a subpoena

to be a witness in any proceeding to which the employee is nota party or one of the persons charged The employee shall submit to the Board a certificate signed by a court representative testifying to his presence at court and remit any fee (excluding expenses) the employee received from the court Time spent by an employee required to serve as court witness in any matter rising out of his employment shall be considered as time worked at the appropriate rate of pay Regular part-time employees shall be entitled to Jury and Court Witness Leave for scheduled work day or days it coincides with on a prorated basis

bull bull 13

1704 Special Leave Regular full time employees shall be entitled to the following Special leave without pay and without loss of seniority for other eventualities such as illness of immediate family member emergencies etc may be granted to an employee of the Board up to a maximum of five (5) working days in any calendar year The employee may elect to use two (2) days from their sick bank if so desired of the five (5) days allowed under this article

Y

1705 Union Leave a)

(b)

A leave of absence without pay and without loss of seniority shall be granted to an employee elected or appointed to represent the Union at a union convention seminar or meeting provided i) two weeks prior notice in writing is given to the Board Business

Administrator ii) no more than one (1) employee is on leave for union activities at any

one time and iii) the total aggregate leave granted under this section shall not exceed

ten (10) working days in one calendar year When an employee is elected or appointed to a full-time position with OPSEU or with an organization to which OPSEU is affiliated the Board shall grant leave of absence without pay Said leave shall only be granted to one employee at anyone period of time and said leave shall not exceed two years in duration At the end of the said leave the employee shall be reinstated to his former position at the then current rate of pay provided the former position is still within the Board complement

1706 General Leaves of Absence Upon written request with ten (10) days advanced notice the Business Administrator may grant leaves of absence without pay to an employee for a reasonable length of time providing adequate coverage for their pOSition is available Permission to take a requested leave of absence shall be confirmed in writing

1707 Seniority shall continue to accumulate during any paid leave

ARTICLE 18 BENEFIT PLANS

1801 Pension Plan The Board and all eligible employees shall make contributions towards the Ontario Municipal Employees Retirement system in accordance with the legislation

bull bull 14

1802 Extended Health Group Life and Dental Plans The Board agrees to pay one hundred percent (100) of the cost of every eligible employees enrollment in each of the following plans or its equivalent (a) The current Extended Health Care Plan

- Prescription drug reimbursement with no deductibles - Vision care - $100 every two (2) years with no deductibles - Semi-private hospital coverage

- Supplemental Health Care with no deductibles (b) The current Group Life Insurance Plan

- $75000 per person coverage including AD amp D (c) The current Dental Care Plan

- 100 co-insurance - Current ODA rate schedule - Basic and additional services - Annual maximums per insured individual of $2000 for basic services

(d) Regular part-time employees shall bear 50 of the premium costs

1803 Short Term Disability a) Newly hired regular full time employees who have completed six (6) months

of employment with the Board shall be credited with the following sick leave credits i) 100 days of sick leave at 100 of current salary

b) On each September 1 thereafter regular full time employees shall be credited with the following sick leave credits i) 15 days of sick leave at 100 ii) any unused days of sick leave at 100 of salary from prior years to a

maximum of 15 additional days These unused sick days can be used by regular full time employees to extend the period of sick leave at 100 of salary for up to 15 additional days

c) Other than the accumulation set out in Clause 1803 (b) there shall be no accumulation of unused sick leave days

d) Regular part-time employees shall be credited with sick leave credits on a pro rata basis

e) An employee shall be required to produce a certificate from a medical practitioner for any illness in excess of three (3) working days certifying that he was unable to carry out his duties due to illness A medical certificate may be requested from the employee for any length of sick leave if prior notice is given to the employee

f) The Board reserves the right to require an employee to undergo a medical examination as required in order to ensure fitness for work

bull bull

15

1804 Long Term Disability Plan

The Union and the employees agree that enrollment in the OTIP Long Term Disability Plan or its equivalent shall be compulsory for all eligible employees v Each eligible employee shall pay 100 of the cost of his enrollment in the Ontario Teachers Insurance Plan or its equivalent and the said cost of enrollment shall be deducted by the Board from each eligible employees wages

ARTICLE 19 - HOURS OF WORK amp OVERTIME

1901 Hours of Work

The work week for regular full time employees shall be as follows a) Attendance Counsellor 2 hours per school day 10 month position=213

work days b) Bus driver 4 hours per school day 10 month position=213 work days c) Cleaners 320 hours a week Monday to Friday 12 month position=260

work days d) Custodian 375 hours per week Monday to Friday 12 month position=260

work days e) School Secretary 35 hours per week Monday to Friday 11 month

position=240 work days f) Teachers Aide 325 hours per week 10 month position=213 work days g) Maintenance Helper 2 hours per school day 12 month position=260 work

days h) The Employee hired on August 25 1993 shall be classified as the

Attendance CounselorBus Driver Notwithstanding 1901 (a) and (b) the workweek for this position shall be thirty (300) hours per week

1902 It is understood and agreed that a) the job positions of Custodian and Cleaner are twelve (12) month positions b) the job position of Teachers Aide is for 65 hours during each school day c) the job position of Attendance Counsellor is for two (2) hours during each

school day d) the job of School Secretary is for a minimum of eleven (11) months e) the job of Bus Driver is for four (4) hours per day

1903 Break Periods

a) Full time employees will be permitted a fifteen (15) minute rest period in each half of the normal scheduled day at a time to be decided by the Board IBusiness Administrator

b) A part time employee working continuously for a period of three and one half (35) hours will be entitled to a fifteen (15) minute rest period as above

1904 Nothing in this Agreement shall be construed as guaranteeing minimum or maximum hours of work

bull bull 16

1905 Call Back An employee who leaves his or her place of work and is subsequently called back to work prior to the starting time of his or her next scheduled shift shall be paid a minimum of four (40) hours pay at his or her basic hourly rate

1906 Overtime Authorization Overtime must be authorized in advance by the Business Administrator in accordance with Board guidelines

1907 Definition of Overtime

Any hours exceeding the hours specified in 1901 will be considered as overtime For all employees all hours worked on a Sunday or a statutory holiday shall be

considered as overtime Save and except for emergencies all necessary overtime shall be worked on a voluntary basis and shall be offered to employees firstly by occupational classification and secondly by seniority in the relevant occupational classification

1908 Overtime Rates It is understood and agreed that overtime will be calculated and paid under only one of the following rates a) time and one half (15) for all overtime hours worked on a week day or a

Saturday or a statutory holiday or b) double time for all hours worked on a Sunday

1909 Procedure

In order to have overtime work recognized an employee must forward a completed time sheet which has been duly authorized to the Board Business Administrator or hisher designate

1910 Payment

Overtime payments will be made to an employee only in the form of money which will be added to his pay cheque

bull bull

17

shyARTICLE 20- PAYMENT OF WAGES amp ALLOWANCES

2001 The hourly rate of each employee shall be determined based on the r

employees occupational classification and the years of experience with this Board in that particular occupational classification Schedule A which is attached hereto and which forms part of this Collective Agreement sets out the said hourly rates

2002 The Board shall calculate each employees wages in accordance with the above schedule a) The Board shall pay salaries and wages bi-weekly in accordance with this

Article and Schedule A to this Collective Agreement On each pay day each employee shall be provided with an itemized statement of hisher wages and other supplementary pay and deductions

b) The Employee hired on October 302002 shall receive their pay by cheque on the scheduled pay date All current and newly hired employees shall receive their pay by direct deposit to the Canadian Imperial Bank of Commerce

2003 Travel Allowances

a) The Board will pay each employee a Travel and Isolation Allowance of Three Thousand Nine Hundred and Fifty Dollars ($395000) per year payable as follows

June - $133400 December - $133300 March - $128300

b Regular part time employees shall be entitled to the above travel allowance on a prorated basis The attendance counsellor shall be paid 31 of the above travel allowance as his pro rated share The Bus driver shall be paid 61 of the above travel allowance as his pro rated share The maintenance helper shall be paid a pro rated share of the above travel allowance

2004 An employee will automatically progress from one step to the next in the salary range for his classification from the beginning of an employees first anniversary date (date of hire) or last promotion date until reaching the maximum step

2005 Clothing Allowance

a) Custodial staff will be provided with their choice of one (1) smock or one (1) ~ suit of work pants and shirt per year A second set of either work pants and shirt or smock may be purchased by the employee and reimbursed at half the cost upon submission of receipt

b) Maintenance staff will be provided with one (1) pair of steel-toed safety boots per year as required

bull bull 10

1407 Seniority shall terminate when an employee 1 terminates his employment for any reason 2 is discharged and not reinstated through the grievance or arbitration process 3 is laid off for a period longer than twelve (12) consecutive months 4 is retired at the regular retirement age 5 is absent for more than three (3) working days without notifying the Board

Business Administrator and without securing a leave of absence or without giving a reason satisfactory to the Board or

6 declines more than one recall within a six (6) month period

ARTICLE 15 - JOB POSTINGS

1501 All cases of filling vacancies promotions and transfers shall be based on the following factors a) skill and the ability to perform the requirements of the position b) seniority (firstly within the relevant occupational classification and secondly

total seniority with the Employer) Where the qualifications in factor (a) are relatively equal seniority shall govern Such judgement shall be made in a fair impartial and consistent manner

1502 When a vacancy in a regular full or part-time position occurs and the position is to be filled or a new position is created within the bargaining unit the Board shall post the position in its offices and its school for a minimum of five (5) working days

1503 Employees may apply in writing within five (5) working days after the notice is posted to the Board Business Administrator for such vacancy or new position Internal applicants shall be considered first prior to outside candidates Internal applicants shall be notified in writing of the results of the competition

1504 In the event that a vacancy in a regular full or part-time position or that a new position in on occupational classification is filled by an existing employee of the Board who is in a different occupational classification the following procedure shall apply The successful employees position in his old occupational classification shall be filled only on an acting basis while the successful employee completes the probationary period in the new position (It is understood and agreed that the successful employee is on probation in the different occupational classification only) In the event that the said employee does not successfully complete the probationary period in the new position he shall have the right to transfer back to his old position without any loss of seniority (The seniority of an employee who transfers back to his old position in his original occupational classification shall include his seniority in the old occupational classification prior to transfer plus the time served unsuccessfully in the probationary period in the new position) It is understood and agreed by the parties that regular full and part~time employees who have successfully completed a probationary period in any

bull 11

occupational classification can grieve any discipline imposed on them without just cause

ARTICLE 16 - LAY-OFF AND RECALL

Definition A layoff shall be defined as a reduction in the work force It is understood and agreed by the Parties that only regular full and part time employees are covered under this Article

1601 In the event of a proposed layoff at the Moosonee Roman Catholic Seperate School Board of more tllan five (5) working days the employer will a) provide the Union Steward with no less than thiry (30) calendar days

notice of such layoff and b) meet with the Union to review the following

i) the reason causing the layoff ii) the method of implementation including the areas of cut-back and

employees to be laid off iii) the impact on employees

1602 The Parties agree that it is the Boards exclusive right to determine and to modify from time to time as may be necessary staff complement and to implement layshyoffs and recalls and to hire new employees subject only to the following conditions (a) In the event of a lay-off of employees becoming necessary in any

occupational classification this lay-off shall be carried out in such a manner as to maintain an efficient work force Employees shall be laid off in the reverse order of their seniority in that occupational classification provided that the employees retained to perform the work available during a lay-off shall be the employees who have the qualifications experience and ability to do the work available and who are willing to perform the work required

(b) No new employee will be hired until a person who is on lay-off from the relevant occupational classification and who still retains seniority has been given an opportunity for recall to all positions at a level similar to the one he held prior to the lay-off provided that such a person has the qualifications experience and ability to do the work in question

(c) Employees who are on lay-off shall be given preference for substitute or temporary assignments in their classification

bull bull shy

12

- ARTICLE 17 - LEAVES OF ABSENCE

1701 PREGNANCYADOPTION AND PARENTAL LEAVE UNDER THE EMPLOYMENT STANDARDS ACT a) The Board shall grant to each employee pregnancy andor parental leave in

accordance with the Employment Standards Act provided the employee is eligible for the said leave under the Employment Standards Act

b) The Board shall make available to each employee a copy of the relevant sections of the Employment Standards Act setting out the above leaves

c) Subject to the Boards approval leave under Article 1701 may be extended up to one (1) year

d) During leave under 1701 an employee will continue to accumulate seniority with the Board

1702 Bereavement Leave a) When death occurs in the immediate family of an employee who has

acquired seniority he shall be granted not more than five (5) working days paid leave of absence An employee shall be granted an additional two (2) days paid leave of absence for the purpose of travel and attending the funeral out of town The employee must provide the Employer with proof that the funeral is out of town Immediate family is defined as mother father son daughter spouse legal guardian brother sister and legally adopted child

b) When death occurs in the family of an employee who has acquired seniority he shall be granted not more than three (3) working days paid leave of absence An employee shall be granted an additional two (2) days paid leave of absence for the purpose of travel and attending the funeral out of town The employee must provide the Employer with proof that the funeral it out of town Family is defined as grand parent sister or brothershyin-law daughter or son-in-law mother-in-law or father-in-law uncle or aunt

c) Regular part-time employees shall be entitled to bereavement leave for scheduled work day or days it coincides with on a prorated basis

1703 Jury or Court Witness Leave Regular full-time employees shall be entitled to the following Special leave with pay may be granted when an employee is required to appear in court by reason of a summons to serve as a juror or by reason of a subpoena

to be a witness in any proceeding to which the employee is nota party or one of the persons charged The employee shall submit to the Board a certificate signed by a court representative testifying to his presence at court and remit any fee (excluding expenses) the employee received from the court Time spent by an employee required to serve as court witness in any matter rising out of his employment shall be considered as time worked at the appropriate rate of pay Regular part-time employees shall be entitled to Jury and Court Witness Leave for scheduled work day or days it coincides with on a prorated basis

bull bull 13

1704 Special Leave Regular full time employees shall be entitled to the following Special leave without pay and without loss of seniority for other eventualities such as illness of immediate family member emergencies etc may be granted to an employee of the Board up to a maximum of five (5) working days in any calendar year The employee may elect to use two (2) days from their sick bank if so desired of the five (5) days allowed under this article

Y

1705 Union Leave a)

(b)

A leave of absence without pay and without loss of seniority shall be granted to an employee elected or appointed to represent the Union at a union convention seminar or meeting provided i) two weeks prior notice in writing is given to the Board Business

Administrator ii) no more than one (1) employee is on leave for union activities at any

one time and iii) the total aggregate leave granted under this section shall not exceed

ten (10) working days in one calendar year When an employee is elected or appointed to a full-time position with OPSEU or with an organization to which OPSEU is affiliated the Board shall grant leave of absence without pay Said leave shall only be granted to one employee at anyone period of time and said leave shall not exceed two years in duration At the end of the said leave the employee shall be reinstated to his former position at the then current rate of pay provided the former position is still within the Board complement

1706 General Leaves of Absence Upon written request with ten (10) days advanced notice the Business Administrator may grant leaves of absence without pay to an employee for a reasonable length of time providing adequate coverage for their pOSition is available Permission to take a requested leave of absence shall be confirmed in writing

1707 Seniority shall continue to accumulate during any paid leave

ARTICLE 18 BENEFIT PLANS

1801 Pension Plan The Board and all eligible employees shall make contributions towards the Ontario Municipal Employees Retirement system in accordance with the legislation

bull bull 14

1802 Extended Health Group Life and Dental Plans The Board agrees to pay one hundred percent (100) of the cost of every eligible employees enrollment in each of the following plans or its equivalent (a) The current Extended Health Care Plan

- Prescription drug reimbursement with no deductibles - Vision care - $100 every two (2) years with no deductibles - Semi-private hospital coverage

- Supplemental Health Care with no deductibles (b) The current Group Life Insurance Plan

- $75000 per person coverage including AD amp D (c) The current Dental Care Plan

- 100 co-insurance - Current ODA rate schedule - Basic and additional services - Annual maximums per insured individual of $2000 for basic services

(d) Regular part-time employees shall bear 50 of the premium costs

1803 Short Term Disability a) Newly hired regular full time employees who have completed six (6) months

of employment with the Board shall be credited with the following sick leave credits i) 100 days of sick leave at 100 of current salary

b) On each September 1 thereafter regular full time employees shall be credited with the following sick leave credits i) 15 days of sick leave at 100 ii) any unused days of sick leave at 100 of salary from prior years to a

maximum of 15 additional days These unused sick days can be used by regular full time employees to extend the period of sick leave at 100 of salary for up to 15 additional days

c) Other than the accumulation set out in Clause 1803 (b) there shall be no accumulation of unused sick leave days

d) Regular part-time employees shall be credited with sick leave credits on a pro rata basis

e) An employee shall be required to produce a certificate from a medical practitioner for any illness in excess of three (3) working days certifying that he was unable to carry out his duties due to illness A medical certificate may be requested from the employee for any length of sick leave if prior notice is given to the employee

f) The Board reserves the right to require an employee to undergo a medical examination as required in order to ensure fitness for work

bull bull

15

1804 Long Term Disability Plan

The Union and the employees agree that enrollment in the OTIP Long Term Disability Plan or its equivalent shall be compulsory for all eligible employees v Each eligible employee shall pay 100 of the cost of his enrollment in the Ontario Teachers Insurance Plan or its equivalent and the said cost of enrollment shall be deducted by the Board from each eligible employees wages

ARTICLE 19 - HOURS OF WORK amp OVERTIME

1901 Hours of Work

The work week for regular full time employees shall be as follows a) Attendance Counsellor 2 hours per school day 10 month position=213

work days b) Bus driver 4 hours per school day 10 month position=213 work days c) Cleaners 320 hours a week Monday to Friday 12 month position=260

work days d) Custodian 375 hours per week Monday to Friday 12 month position=260

work days e) School Secretary 35 hours per week Monday to Friday 11 month

position=240 work days f) Teachers Aide 325 hours per week 10 month position=213 work days g) Maintenance Helper 2 hours per school day 12 month position=260 work

days h) The Employee hired on August 25 1993 shall be classified as the

Attendance CounselorBus Driver Notwithstanding 1901 (a) and (b) the workweek for this position shall be thirty (300) hours per week

1902 It is understood and agreed that a) the job positions of Custodian and Cleaner are twelve (12) month positions b) the job position of Teachers Aide is for 65 hours during each school day c) the job position of Attendance Counsellor is for two (2) hours during each

school day d) the job of School Secretary is for a minimum of eleven (11) months e) the job of Bus Driver is for four (4) hours per day

1903 Break Periods

a) Full time employees will be permitted a fifteen (15) minute rest period in each half of the normal scheduled day at a time to be decided by the Board IBusiness Administrator

b) A part time employee working continuously for a period of three and one half (35) hours will be entitled to a fifteen (15) minute rest period as above

1904 Nothing in this Agreement shall be construed as guaranteeing minimum or maximum hours of work

bull bull 16

1905 Call Back An employee who leaves his or her place of work and is subsequently called back to work prior to the starting time of his or her next scheduled shift shall be paid a minimum of four (40) hours pay at his or her basic hourly rate

1906 Overtime Authorization Overtime must be authorized in advance by the Business Administrator in accordance with Board guidelines

1907 Definition of Overtime

Any hours exceeding the hours specified in 1901 will be considered as overtime For all employees all hours worked on a Sunday or a statutory holiday shall be

considered as overtime Save and except for emergencies all necessary overtime shall be worked on a voluntary basis and shall be offered to employees firstly by occupational classification and secondly by seniority in the relevant occupational classification

1908 Overtime Rates It is understood and agreed that overtime will be calculated and paid under only one of the following rates a) time and one half (15) for all overtime hours worked on a week day or a

Saturday or a statutory holiday or b) double time for all hours worked on a Sunday

1909 Procedure

In order to have overtime work recognized an employee must forward a completed time sheet which has been duly authorized to the Board Business Administrator or hisher designate

1910 Payment

Overtime payments will be made to an employee only in the form of money which will be added to his pay cheque

bull bull

17

shyARTICLE 20- PAYMENT OF WAGES amp ALLOWANCES

2001 The hourly rate of each employee shall be determined based on the r

employees occupational classification and the years of experience with this Board in that particular occupational classification Schedule A which is attached hereto and which forms part of this Collective Agreement sets out the said hourly rates

2002 The Board shall calculate each employees wages in accordance with the above schedule a) The Board shall pay salaries and wages bi-weekly in accordance with this

Article and Schedule A to this Collective Agreement On each pay day each employee shall be provided with an itemized statement of hisher wages and other supplementary pay and deductions

b) The Employee hired on October 302002 shall receive their pay by cheque on the scheduled pay date All current and newly hired employees shall receive their pay by direct deposit to the Canadian Imperial Bank of Commerce

2003 Travel Allowances

a) The Board will pay each employee a Travel and Isolation Allowance of Three Thousand Nine Hundred and Fifty Dollars ($395000) per year payable as follows

June - $133400 December - $133300 March - $128300

b Regular part time employees shall be entitled to the above travel allowance on a prorated basis The attendance counsellor shall be paid 31 of the above travel allowance as his pro rated share The Bus driver shall be paid 61 of the above travel allowance as his pro rated share The maintenance helper shall be paid a pro rated share of the above travel allowance

2004 An employee will automatically progress from one step to the next in the salary range for his classification from the beginning of an employees first anniversary date (date of hire) or last promotion date until reaching the maximum step

2005 Clothing Allowance

a) Custodial staff will be provided with their choice of one (1) smock or one (1) ~ suit of work pants and shirt per year A second set of either work pants and shirt or smock may be purchased by the employee and reimbursed at half the cost upon submission of receipt

b) Maintenance staff will be provided with one (1) pair of steel-toed safety boots per year as required

bull 11

occupational classification can grieve any discipline imposed on them without just cause

ARTICLE 16 - LAY-OFF AND RECALL

Definition A layoff shall be defined as a reduction in the work force It is understood and agreed by the Parties that only regular full and part time employees are covered under this Article

1601 In the event of a proposed layoff at the Moosonee Roman Catholic Seperate School Board of more tllan five (5) working days the employer will a) provide the Union Steward with no less than thiry (30) calendar days

notice of such layoff and b) meet with the Union to review the following

i) the reason causing the layoff ii) the method of implementation including the areas of cut-back and

employees to be laid off iii) the impact on employees

1602 The Parties agree that it is the Boards exclusive right to determine and to modify from time to time as may be necessary staff complement and to implement layshyoffs and recalls and to hire new employees subject only to the following conditions (a) In the event of a lay-off of employees becoming necessary in any

occupational classification this lay-off shall be carried out in such a manner as to maintain an efficient work force Employees shall be laid off in the reverse order of their seniority in that occupational classification provided that the employees retained to perform the work available during a lay-off shall be the employees who have the qualifications experience and ability to do the work available and who are willing to perform the work required

(b) No new employee will be hired until a person who is on lay-off from the relevant occupational classification and who still retains seniority has been given an opportunity for recall to all positions at a level similar to the one he held prior to the lay-off provided that such a person has the qualifications experience and ability to do the work in question

(c) Employees who are on lay-off shall be given preference for substitute or temporary assignments in their classification

bull bull shy

12

- ARTICLE 17 - LEAVES OF ABSENCE

1701 PREGNANCYADOPTION AND PARENTAL LEAVE UNDER THE EMPLOYMENT STANDARDS ACT a) The Board shall grant to each employee pregnancy andor parental leave in

accordance with the Employment Standards Act provided the employee is eligible for the said leave under the Employment Standards Act

b) The Board shall make available to each employee a copy of the relevant sections of the Employment Standards Act setting out the above leaves

c) Subject to the Boards approval leave under Article 1701 may be extended up to one (1) year

d) During leave under 1701 an employee will continue to accumulate seniority with the Board

1702 Bereavement Leave a) When death occurs in the immediate family of an employee who has

acquired seniority he shall be granted not more than five (5) working days paid leave of absence An employee shall be granted an additional two (2) days paid leave of absence for the purpose of travel and attending the funeral out of town The employee must provide the Employer with proof that the funeral is out of town Immediate family is defined as mother father son daughter spouse legal guardian brother sister and legally adopted child

b) When death occurs in the family of an employee who has acquired seniority he shall be granted not more than three (3) working days paid leave of absence An employee shall be granted an additional two (2) days paid leave of absence for the purpose of travel and attending the funeral out of town The employee must provide the Employer with proof that the funeral it out of town Family is defined as grand parent sister or brothershyin-law daughter or son-in-law mother-in-law or father-in-law uncle or aunt

c) Regular part-time employees shall be entitled to bereavement leave for scheduled work day or days it coincides with on a prorated basis

1703 Jury or Court Witness Leave Regular full-time employees shall be entitled to the following Special leave with pay may be granted when an employee is required to appear in court by reason of a summons to serve as a juror or by reason of a subpoena

to be a witness in any proceeding to which the employee is nota party or one of the persons charged The employee shall submit to the Board a certificate signed by a court representative testifying to his presence at court and remit any fee (excluding expenses) the employee received from the court Time spent by an employee required to serve as court witness in any matter rising out of his employment shall be considered as time worked at the appropriate rate of pay Regular part-time employees shall be entitled to Jury and Court Witness Leave for scheduled work day or days it coincides with on a prorated basis

bull bull 13

1704 Special Leave Regular full time employees shall be entitled to the following Special leave without pay and without loss of seniority for other eventualities such as illness of immediate family member emergencies etc may be granted to an employee of the Board up to a maximum of five (5) working days in any calendar year The employee may elect to use two (2) days from their sick bank if so desired of the five (5) days allowed under this article

Y

1705 Union Leave a)

(b)

A leave of absence without pay and without loss of seniority shall be granted to an employee elected or appointed to represent the Union at a union convention seminar or meeting provided i) two weeks prior notice in writing is given to the Board Business

Administrator ii) no more than one (1) employee is on leave for union activities at any

one time and iii) the total aggregate leave granted under this section shall not exceed

ten (10) working days in one calendar year When an employee is elected or appointed to a full-time position with OPSEU or with an organization to which OPSEU is affiliated the Board shall grant leave of absence without pay Said leave shall only be granted to one employee at anyone period of time and said leave shall not exceed two years in duration At the end of the said leave the employee shall be reinstated to his former position at the then current rate of pay provided the former position is still within the Board complement

1706 General Leaves of Absence Upon written request with ten (10) days advanced notice the Business Administrator may grant leaves of absence without pay to an employee for a reasonable length of time providing adequate coverage for their pOSition is available Permission to take a requested leave of absence shall be confirmed in writing

1707 Seniority shall continue to accumulate during any paid leave

ARTICLE 18 BENEFIT PLANS

1801 Pension Plan The Board and all eligible employees shall make contributions towards the Ontario Municipal Employees Retirement system in accordance with the legislation

bull bull 14

1802 Extended Health Group Life and Dental Plans The Board agrees to pay one hundred percent (100) of the cost of every eligible employees enrollment in each of the following plans or its equivalent (a) The current Extended Health Care Plan

- Prescription drug reimbursement with no deductibles - Vision care - $100 every two (2) years with no deductibles - Semi-private hospital coverage

- Supplemental Health Care with no deductibles (b) The current Group Life Insurance Plan

- $75000 per person coverage including AD amp D (c) The current Dental Care Plan

- 100 co-insurance - Current ODA rate schedule - Basic and additional services - Annual maximums per insured individual of $2000 for basic services

(d) Regular part-time employees shall bear 50 of the premium costs

1803 Short Term Disability a) Newly hired regular full time employees who have completed six (6) months

of employment with the Board shall be credited with the following sick leave credits i) 100 days of sick leave at 100 of current salary

b) On each September 1 thereafter regular full time employees shall be credited with the following sick leave credits i) 15 days of sick leave at 100 ii) any unused days of sick leave at 100 of salary from prior years to a

maximum of 15 additional days These unused sick days can be used by regular full time employees to extend the period of sick leave at 100 of salary for up to 15 additional days

c) Other than the accumulation set out in Clause 1803 (b) there shall be no accumulation of unused sick leave days

d) Regular part-time employees shall be credited with sick leave credits on a pro rata basis

e) An employee shall be required to produce a certificate from a medical practitioner for any illness in excess of three (3) working days certifying that he was unable to carry out his duties due to illness A medical certificate may be requested from the employee for any length of sick leave if prior notice is given to the employee

f) The Board reserves the right to require an employee to undergo a medical examination as required in order to ensure fitness for work

bull bull

15

1804 Long Term Disability Plan

The Union and the employees agree that enrollment in the OTIP Long Term Disability Plan or its equivalent shall be compulsory for all eligible employees v Each eligible employee shall pay 100 of the cost of his enrollment in the Ontario Teachers Insurance Plan or its equivalent and the said cost of enrollment shall be deducted by the Board from each eligible employees wages

ARTICLE 19 - HOURS OF WORK amp OVERTIME

1901 Hours of Work

The work week for regular full time employees shall be as follows a) Attendance Counsellor 2 hours per school day 10 month position=213

work days b) Bus driver 4 hours per school day 10 month position=213 work days c) Cleaners 320 hours a week Monday to Friday 12 month position=260

work days d) Custodian 375 hours per week Monday to Friday 12 month position=260

work days e) School Secretary 35 hours per week Monday to Friday 11 month

position=240 work days f) Teachers Aide 325 hours per week 10 month position=213 work days g) Maintenance Helper 2 hours per school day 12 month position=260 work

days h) The Employee hired on August 25 1993 shall be classified as the

Attendance CounselorBus Driver Notwithstanding 1901 (a) and (b) the workweek for this position shall be thirty (300) hours per week

1902 It is understood and agreed that a) the job positions of Custodian and Cleaner are twelve (12) month positions b) the job position of Teachers Aide is for 65 hours during each school day c) the job position of Attendance Counsellor is for two (2) hours during each

school day d) the job of School Secretary is for a minimum of eleven (11) months e) the job of Bus Driver is for four (4) hours per day

1903 Break Periods

a) Full time employees will be permitted a fifteen (15) minute rest period in each half of the normal scheduled day at a time to be decided by the Board IBusiness Administrator

b) A part time employee working continuously for a period of three and one half (35) hours will be entitled to a fifteen (15) minute rest period as above

1904 Nothing in this Agreement shall be construed as guaranteeing minimum or maximum hours of work

bull bull 16

1905 Call Back An employee who leaves his or her place of work and is subsequently called back to work prior to the starting time of his or her next scheduled shift shall be paid a minimum of four (40) hours pay at his or her basic hourly rate

1906 Overtime Authorization Overtime must be authorized in advance by the Business Administrator in accordance with Board guidelines

1907 Definition of Overtime

Any hours exceeding the hours specified in 1901 will be considered as overtime For all employees all hours worked on a Sunday or a statutory holiday shall be

considered as overtime Save and except for emergencies all necessary overtime shall be worked on a voluntary basis and shall be offered to employees firstly by occupational classification and secondly by seniority in the relevant occupational classification

1908 Overtime Rates It is understood and agreed that overtime will be calculated and paid under only one of the following rates a) time and one half (15) for all overtime hours worked on a week day or a

Saturday or a statutory holiday or b) double time for all hours worked on a Sunday

1909 Procedure

In order to have overtime work recognized an employee must forward a completed time sheet which has been duly authorized to the Board Business Administrator or hisher designate

1910 Payment

Overtime payments will be made to an employee only in the form of money which will be added to his pay cheque

bull bull

17

shyARTICLE 20- PAYMENT OF WAGES amp ALLOWANCES

2001 The hourly rate of each employee shall be determined based on the r

employees occupational classification and the years of experience with this Board in that particular occupational classification Schedule A which is attached hereto and which forms part of this Collective Agreement sets out the said hourly rates

2002 The Board shall calculate each employees wages in accordance with the above schedule a) The Board shall pay salaries and wages bi-weekly in accordance with this

Article and Schedule A to this Collective Agreement On each pay day each employee shall be provided with an itemized statement of hisher wages and other supplementary pay and deductions

b) The Employee hired on October 302002 shall receive their pay by cheque on the scheduled pay date All current and newly hired employees shall receive their pay by direct deposit to the Canadian Imperial Bank of Commerce

2003 Travel Allowances

a) The Board will pay each employee a Travel and Isolation Allowance of Three Thousand Nine Hundred and Fifty Dollars ($395000) per year payable as follows

June - $133400 December - $133300 March - $128300

b Regular part time employees shall be entitled to the above travel allowance on a prorated basis The attendance counsellor shall be paid 31 of the above travel allowance as his pro rated share The Bus driver shall be paid 61 of the above travel allowance as his pro rated share The maintenance helper shall be paid a pro rated share of the above travel allowance

2004 An employee will automatically progress from one step to the next in the salary range for his classification from the beginning of an employees first anniversary date (date of hire) or last promotion date until reaching the maximum step

2005 Clothing Allowance

a) Custodial staff will be provided with their choice of one (1) smock or one (1) ~ suit of work pants and shirt per year A second set of either work pants and shirt or smock may be purchased by the employee and reimbursed at half the cost upon submission of receipt

b) Maintenance staff will be provided with one (1) pair of steel-toed safety boots per year as required

bull bull shy

12

- ARTICLE 17 - LEAVES OF ABSENCE

1701 PREGNANCYADOPTION AND PARENTAL LEAVE UNDER THE EMPLOYMENT STANDARDS ACT a) The Board shall grant to each employee pregnancy andor parental leave in

accordance with the Employment Standards Act provided the employee is eligible for the said leave under the Employment Standards Act

b) The Board shall make available to each employee a copy of the relevant sections of the Employment Standards Act setting out the above leaves

c) Subject to the Boards approval leave under Article 1701 may be extended up to one (1) year

d) During leave under 1701 an employee will continue to accumulate seniority with the Board

1702 Bereavement Leave a) When death occurs in the immediate family of an employee who has

acquired seniority he shall be granted not more than five (5) working days paid leave of absence An employee shall be granted an additional two (2) days paid leave of absence for the purpose of travel and attending the funeral out of town The employee must provide the Employer with proof that the funeral is out of town Immediate family is defined as mother father son daughter spouse legal guardian brother sister and legally adopted child

b) When death occurs in the family of an employee who has acquired seniority he shall be granted not more than three (3) working days paid leave of absence An employee shall be granted an additional two (2) days paid leave of absence for the purpose of travel and attending the funeral out of town The employee must provide the Employer with proof that the funeral it out of town Family is defined as grand parent sister or brothershyin-law daughter or son-in-law mother-in-law or father-in-law uncle or aunt

c) Regular part-time employees shall be entitled to bereavement leave for scheduled work day or days it coincides with on a prorated basis

1703 Jury or Court Witness Leave Regular full-time employees shall be entitled to the following Special leave with pay may be granted when an employee is required to appear in court by reason of a summons to serve as a juror or by reason of a subpoena

to be a witness in any proceeding to which the employee is nota party or one of the persons charged The employee shall submit to the Board a certificate signed by a court representative testifying to his presence at court and remit any fee (excluding expenses) the employee received from the court Time spent by an employee required to serve as court witness in any matter rising out of his employment shall be considered as time worked at the appropriate rate of pay Regular part-time employees shall be entitled to Jury and Court Witness Leave for scheduled work day or days it coincides with on a prorated basis

bull bull 13

1704 Special Leave Regular full time employees shall be entitled to the following Special leave without pay and without loss of seniority for other eventualities such as illness of immediate family member emergencies etc may be granted to an employee of the Board up to a maximum of five (5) working days in any calendar year The employee may elect to use two (2) days from their sick bank if so desired of the five (5) days allowed under this article

Y

1705 Union Leave a)

(b)

A leave of absence without pay and without loss of seniority shall be granted to an employee elected or appointed to represent the Union at a union convention seminar or meeting provided i) two weeks prior notice in writing is given to the Board Business

Administrator ii) no more than one (1) employee is on leave for union activities at any

one time and iii) the total aggregate leave granted under this section shall not exceed

ten (10) working days in one calendar year When an employee is elected or appointed to a full-time position with OPSEU or with an organization to which OPSEU is affiliated the Board shall grant leave of absence without pay Said leave shall only be granted to one employee at anyone period of time and said leave shall not exceed two years in duration At the end of the said leave the employee shall be reinstated to his former position at the then current rate of pay provided the former position is still within the Board complement

1706 General Leaves of Absence Upon written request with ten (10) days advanced notice the Business Administrator may grant leaves of absence without pay to an employee for a reasonable length of time providing adequate coverage for their pOSition is available Permission to take a requested leave of absence shall be confirmed in writing

1707 Seniority shall continue to accumulate during any paid leave

ARTICLE 18 BENEFIT PLANS

1801 Pension Plan The Board and all eligible employees shall make contributions towards the Ontario Municipal Employees Retirement system in accordance with the legislation

bull bull 14

1802 Extended Health Group Life and Dental Plans The Board agrees to pay one hundred percent (100) of the cost of every eligible employees enrollment in each of the following plans or its equivalent (a) The current Extended Health Care Plan

- Prescription drug reimbursement with no deductibles - Vision care - $100 every two (2) years with no deductibles - Semi-private hospital coverage

- Supplemental Health Care with no deductibles (b) The current Group Life Insurance Plan

- $75000 per person coverage including AD amp D (c) The current Dental Care Plan

- 100 co-insurance - Current ODA rate schedule - Basic and additional services - Annual maximums per insured individual of $2000 for basic services

(d) Regular part-time employees shall bear 50 of the premium costs

1803 Short Term Disability a) Newly hired regular full time employees who have completed six (6) months

of employment with the Board shall be credited with the following sick leave credits i) 100 days of sick leave at 100 of current salary

b) On each September 1 thereafter regular full time employees shall be credited with the following sick leave credits i) 15 days of sick leave at 100 ii) any unused days of sick leave at 100 of salary from prior years to a

maximum of 15 additional days These unused sick days can be used by regular full time employees to extend the period of sick leave at 100 of salary for up to 15 additional days

c) Other than the accumulation set out in Clause 1803 (b) there shall be no accumulation of unused sick leave days

d) Regular part-time employees shall be credited with sick leave credits on a pro rata basis

e) An employee shall be required to produce a certificate from a medical practitioner for any illness in excess of three (3) working days certifying that he was unable to carry out his duties due to illness A medical certificate may be requested from the employee for any length of sick leave if prior notice is given to the employee

f) The Board reserves the right to require an employee to undergo a medical examination as required in order to ensure fitness for work

bull bull

15

1804 Long Term Disability Plan

The Union and the employees agree that enrollment in the OTIP Long Term Disability Plan or its equivalent shall be compulsory for all eligible employees v Each eligible employee shall pay 100 of the cost of his enrollment in the Ontario Teachers Insurance Plan or its equivalent and the said cost of enrollment shall be deducted by the Board from each eligible employees wages

ARTICLE 19 - HOURS OF WORK amp OVERTIME

1901 Hours of Work

The work week for regular full time employees shall be as follows a) Attendance Counsellor 2 hours per school day 10 month position=213

work days b) Bus driver 4 hours per school day 10 month position=213 work days c) Cleaners 320 hours a week Monday to Friday 12 month position=260

work days d) Custodian 375 hours per week Monday to Friday 12 month position=260

work days e) School Secretary 35 hours per week Monday to Friday 11 month

position=240 work days f) Teachers Aide 325 hours per week 10 month position=213 work days g) Maintenance Helper 2 hours per school day 12 month position=260 work

days h) The Employee hired on August 25 1993 shall be classified as the

Attendance CounselorBus Driver Notwithstanding 1901 (a) and (b) the workweek for this position shall be thirty (300) hours per week

1902 It is understood and agreed that a) the job positions of Custodian and Cleaner are twelve (12) month positions b) the job position of Teachers Aide is for 65 hours during each school day c) the job position of Attendance Counsellor is for two (2) hours during each

school day d) the job of School Secretary is for a minimum of eleven (11) months e) the job of Bus Driver is for four (4) hours per day

1903 Break Periods

a) Full time employees will be permitted a fifteen (15) minute rest period in each half of the normal scheduled day at a time to be decided by the Board IBusiness Administrator

b) A part time employee working continuously for a period of three and one half (35) hours will be entitled to a fifteen (15) minute rest period as above

1904 Nothing in this Agreement shall be construed as guaranteeing minimum or maximum hours of work

bull bull 16

1905 Call Back An employee who leaves his or her place of work and is subsequently called back to work prior to the starting time of his or her next scheduled shift shall be paid a minimum of four (40) hours pay at his or her basic hourly rate

1906 Overtime Authorization Overtime must be authorized in advance by the Business Administrator in accordance with Board guidelines

1907 Definition of Overtime

Any hours exceeding the hours specified in 1901 will be considered as overtime For all employees all hours worked on a Sunday or a statutory holiday shall be

considered as overtime Save and except for emergencies all necessary overtime shall be worked on a voluntary basis and shall be offered to employees firstly by occupational classification and secondly by seniority in the relevant occupational classification

1908 Overtime Rates It is understood and agreed that overtime will be calculated and paid under only one of the following rates a) time and one half (15) for all overtime hours worked on a week day or a

Saturday or a statutory holiday or b) double time for all hours worked on a Sunday

1909 Procedure

In order to have overtime work recognized an employee must forward a completed time sheet which has been duly authorized to the Board Business Administrator or hisher designate

1910 Payment

Overtime payments will be made to an employee only in the form of money which will be added to his pay cheque

bull bull

17

shyARTICLE 20- PAYMENT OF WAGES amp ALLOWANCES

2001 The hourly rate of each employee shall be determined based on the r

employees occupational classification and the years of experience with this Board in that particular occupational classification Schedule A which is attached hereto and which forms part of this Collective Agreement sets out the said hourly rates

2002 The Board shall calculate each employees wages in accordance with the above schedule a) The Board shall pay salaries and wages bi-weekly in accordance with this

Article and Schedule A to this Collective Agreement On each pay day each employee shall be provided with an itemized statement of hisher wages and other supplementary pay and deductions

b) The Employee hired on October 302002 shall receive their pay by cheque on the scheduled pay date All current and newly hired employees shall receive their pay by direct deposit to the Canadian Imperial Bank of Commerce

2003 Travel Allowances

a) The Board will pay each employee a Travel and Isolation Allowance of Three Thousand Nine Hundred and Fifty Dollars ($395000) per year payable as follows

June - $133400 December - $133300 March - $128300

b Regular part time employees shall be entitled to the above travel allowance on a prorated basis The attendance counsellor shall be paid 31 of the above travel allowance as his pro rated share The Bus driver shall be paid 61 of the above travel allowance as his pro rated share The maintenance helper shall be paid a pro rated share of the above travel allowance

2004 An employee will automatically progress from one step to the next in the salary range for his classification from the beginning of an employees first anniversary date (date of hire) or last promotion date until reaching the maximum step

2005 Clothing Allowance

a) Custodial staff will be provided with their choice of one (1) smock or one (1) ~ suit of work pants and shirt per year A second set of either work pants and shirt or smock may be purchased by the employee and reimbursed at half the cost upon submission of receipt

b) Maintenance staff will be provided with one (1) pair of steel-toed safety boots per year as required

bull bull 13

1704 Special Leave Regular full time employees shall be entitled to the following Special leave without pay and without loss of seniority for other eventualities such as illness of immediate family member emergencies etc may be granted to an employee of the Board up to a maximum of five (5) working days in any calendar year The employee may elect to use two (2) days from their sick bank if so desired of the five (5) days allowed under this article

Y

1705 Union Leave a)

(b)

A leave of absence without pay and without loss of seniority shall be granted to an employee elected or appointed to represent the Union at a union convention seminar or meeting provided i) two weeks prior notice in writing is given to the Board Business

Administrator ii) no more than one (1) employee is on leave for union activities at any

one time and iii) the total aggregate leave granted under this section shall not exceed

ten (10) working days in one calendar year When an employee is elected or appointed to a full-time position with OPSEU or with an organization to which OPSEU is affiliated the Board shall grant leave of absence without pay Said leave shall only be granted to one employee at anyone period of time and said leave shall not exceed two years in duration At the end of the said leave the employee shall be reinstated to his former position at the then current rate of pay provided the former position is still within the Board complement

1706 General Leaves of Absence Upon written request with ten (10) days advanced notice the Business Administrator may grant leaves of absence without pay to an employee for a reasonable length of time providing adequate coverage for their pOSition is available Permission to take a requested leave of absence shall be confirmed in writing

1707 Seniority shall continue to accumulate during any paid leave

ARTICLE 18 BENEFIT PLANS

1801 Pension Plan The Board and all eligible employees shall make contributions towards the Ontario Municipal Employees Retirement system in accordance with the legislation

bull bull 14

1802 Extended Health Group Life and Dental Plans The Board agrees to pay one hundred percent (100) of the cost of every eligible employees enrollment in each of the following plans or its equivalent (a) The current Extended Health Care Plan

- Prescription drug reimbursement with no deductibles - Vision care - $100 every two (2) years with no deductibles - Semi-private hospital coverage

- Supplemental Health Care with no deductibles (b) The current Group Life Insurance Plan

- $75000 per person coverage including AD amp D (c) The current Dental Care Plan

- 100 co-insurance - Current ODA rate schedule - Basic and additional services - Annual maximums per insured individual of $2000 for basic services

(d) Regular part-time employees shall bear 50 of the premium costs

1803 Short Term Disability a) Newly hired regular full time employees who have completed six (6) months

of employment with the Board shall be credited with the following sick leave credits i) 100 days of sick leave at 100 of current salary

b) On each September 1 thereafter regular full time employees shall be credited with the following sick leave credits i) 15 days of sick leave at 100 ii) any unused days of sick leave at 100 of salary from prior years to a

maximum of 15 additional days These unused sick days can be used by regular full time employees to extend the period of sick leave at 100 of salary for up to 15 additional days

c) Other than the accumulation set out in Clause 1803 (b) there shall be no accumulation of unused sick leave days

d) Regular part-time employees shall be credited with sick leave credits on a pro rata basis

e) An employee shall be required to produce a certificate from a medical practitioner for any illness in excess of three (3) working days certifying that he was unable to carry out his duties due to illness A medical certificate may be requested from the employee for any length of sick leave if prior notice is given to the employee

f) The Board reserves the right to require an employee to undergo a medical examination as required in order to ensure fitness for work

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15

1804 Long Term Disability Plan

The Union and the employees agree that enrollment in the OTIP Long Term Disability Plan or its equivalent shall be compulsory for all eligible employees v Each eligible employee shall pay 100 of the cost of his enrollment in the Ontario Teachers Insurance Plan or its equivalent and the said cost of enrollment shall be deducted by the Board from each eligible employees wages

ARTICLE 19 - HOURS OF WORK amp OVERTIME

1901 Hours of Work

The work week for regular full time employees shall be as follows a) Attendance Counsellor 2 hours per school day 10 month position=213

work days b) Bus driver 4 hours per school day 10 month position=213 work days c) Cleaners 320 hours a week Monday to Friday 12 month position=260

work days d) Custodian 375 hours per week Monday to Friday 12 month position=260

work days e) School Secretary 35 hours per week Monday to Friday 11 month

position=240 work days f) Teachers Aide 325 hours per week 10 month position=213 work days g) Maintenance Helper 2 hours per school day 12 month position=260 work

days h) The Employee hired on August 25 1993 shall be classified as the

Attendance CounselorBus Driver Notwithstanding 1901 (a) and (b) the workweek for this position shall be thirty (300) hours per week

1902 It is understood and agreed that a) the job positions of Custodian and Cleaner are twelve (12) month positions b) the job position of Teachers Aide is for 65 hours during each school day c) the job position of Attendance Counsellor is for two (2) hours during each

school day d) the job of School Secretary is for a minimum of eleven (11) months e) the job of Bus Driver is for four (4) hours per day

1903 Break Periods

a) Full time employees will be permitted a fifteen (15) minute rest period in each half of the normal scheduled day at a time to be decided by the Board IBusiness Administrator

b) A part time employee working continuously for a period of three and one half (35) hours will be entitled to a fifteen (15) minute rest period as above

1904 Nothing in this Agreement shall be construed as guaranteeing minimum or maximum hours of work

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1905 Call Back An employee who leaves his or her place of work and is subsequently called back to work prior to the starting time of his or her next scheduled shift shall be paid a minimum of four (40) hours pay at his or her basic hourly rate

1906 Overtime Authorization Overtime must be authorized in advance by the Business Administrator in accordance with Board guidelines

1907 Definition of Overtime

Any hours exceeding the hours specified in 1901 will be considered as overtime For all employees all hours worked on a Sunday or a statutory holiday shall be

considered as overtime Save and except for emergencies all necessary overtime shall be worked on a voluntary basis and shall be offered to employees firstly by occupational classification and secondly by seniority in the relevant occupational classification

1908 Overtime Rates It is understood and agreed that overtime will be calculated and paid under only one of the following rates a) time and one half (15) for all overtime hours worked on a week day or a

Saturday or a statutory holiday or b) double time for all hours worked on a Sunday

1909 Procedure

In order to have overtime work recognized an employee must forward a completed time sheet which has been duly authorized to the Board Business Administrator or hisher designate

1910 Payment

Overtime payments will be made to an employee only in the form of money which will be added to his pay cheque

bull bull

17

shyARTICLE 20- PAYMENT OF WAGES amp ALLOWANCES

2001 The hourly rate of each employee shall be determined based on the r

employees occupational classification and the years of experience with this Board in that particular occupational classification Schedule A which is attached hereto and which forms part of this Collective Agreement sets out the said hourly rates

2002 The Board shall calculate each employees wages in accordance with the above schedule a) The Board shall pay salaries and wages bi-weekly in accordance with this

Article and Schedule A to this Collective Agreement On each pay day each employee shall be provided with an itemized statement of hisher wages and other supplementary pay and deductions

b) The Employee hired on October 302002 shall receive their pay by cheque on the scheduled pay date All current and newly hired employees shall receive their pay by direct deposit to the Canadian Imperial Bank of Commerce

2003 Travel Allowances

a) The Board will pay each employee a Travel and Isolation Allowance of Three Thousand Nine Hundred and Fifty Dollars ($395000) per year payable as follows

June - $133400 December - $133300 March - $128300

b Regular part time employees shall be entitled to the above travel allowance on a prorated basis The attendance counsellor shall be paid 31 of the above travel allowance as his pro rated share The Bus driver shall be paid 61 of the above travel allowance as his pro rated share The maintenance helper shall be paid a pro rated share of the above travel allowance

2004 An employee will automatically progress from one step to the next in the salary range for his classification from the beginning of an employees first anniversary date (date of hire) or last promotion date until reaching the maximum step

2005 Clothing Allowance

a) Custodial staff will be provided with their choice of one (1) smock or one (1) ~ suit of work pants and shirt per year A second set of either work pants and shirt or smock may be purchased by the employee and reimbursed at half the cost upon submission of receipt

b) Maintenance staff will be provided with one (1) pair of steel-toed safety boots per year as required

bull bull 14

1802 Extended Health Group Life and Dental Plans The Board agrees to pay one hundred percent (100) of the cost of every eligible employees enrollment in each of the following plans or its equivalent (a) The current Extended Health Care Plan

- Prescription drug reimbursement with no deductibles - Vision care - $100 every two (2) years with no deductibles - Semi-private hospital coverage

- Supplemental Health Care with no deductibles (b) The current Group Life Insurance Plan

- $75000 per person coverage including AD amp D (c) The current Dental Care Plan

- 100 co-insurance - Current ODA rate schedule - Basic and additional services - Annual maximums per insured individual of $2000 for basic services

(d) Regular part-time employees shall bear 50 of the premium costs

1803 Short Term Disability a) Newly hired regular full time employees who have completed six (6) months

of employment with the Board shall be credited with the following sick leave credits i) 100 days of sick leave at 100 of current salary

b) On each September 1 thereafter regular full time employees shall be credited with the following sick leave credits i) 15 days of sick leave at 100 ii) any unused days of sick leave at 100 of salary from prior years to a

maximum of 15 additional days These unused sick days can be used by regular full time employees to extend the period of sick leave at 100 of salary for up to 15 additional days

c) Other than the accumulation set out in Clause 1803 (b) there shall be no accumulation of unused sick leave days

d) Regular part-time employees shall be credited with sick leave credits on a pro rata basis

e) An employee shall be required to produce a certificate from a medical practitioner for any illness in excess of three (3) working days certifying that he was unable to carry out his duties due to illness A medical certificate may be requested from the employee for any length of sick leave if prior notice is given to the employee

f) The Board reserves the right to require an employee to undergo a medical examination as required in order to ensure fitness for work

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15

1804 Long Term Disability Plan

The Union and the employees agree that enrollment in the OTIP Long Term Disability Plan or its equivalent shall be compulsory for all eligible employees v Each eligible employee shall pay 100 of the cost of his enrollment in the Ontario Teachers Insurance Plan or its equivalent and the said cost of enrollment shall be deducted by the Board from each eligible employees wages

ARTICLE 19 - HOURS OF WORK amp OVERTIME

1901 Hours of Work

The work week for regular full time employees shall be as follows a) Attendance Counsellor 2 hours per school day 10 month position=213

work days b) Bus driver 4 hours per school day 10 month position=213 work days c) Cleaners 320 hours a week Monday to Friday 12 month position=260

work days d) Custodian 375 hours per week Monday to Friday 12 month position=260

work days e) School Secretary 35 hours per week Monday to Friday 11 month

position=240 work days f) Teachers Aide 325 hours per week 10 month position=213 work days g) Maintenance Helper 2 hours per school day 12 month position=260 work

days h) The Employee hired on August 25 1993 shall be classified as the

Attendance CounselorBus Driver Notwithstanding 1901 (a) and (b) the workweek for this position shall be thirty (300) hours per week

1902 It is understood and agreed that a) the job positions of Custodian and Cleaner are twelve (12) month positions b) the job position of Teachers Aide is for 65 hours during each school day c) the job position of Attendance Counsellor is for two (2) hours during each

school day d) the job of School Secretary is for a minimum of eleven (11) months e) the job of Bus Driver is for four (4) hours per day

1903 Break Periods

a) Full time employees will be permitted a fifteen (15) minute rest period in each half of the normal scheduled day at a time to be decided by the Board IBusiness Administrator

b) A part time employee working continuously for a period of three and one half (35) hours will be entitled to a fifteen (15) minute rest period as above

1904 Nothing in this Agreement shall be construed as guaranteeing minimum or maximum hours of work

bull bull 16

1905 Call Back An employee who leaves his or her place of work and is subsequently called back to work prior to the starting time of his or her next scheduled shift shall be paid a minimum of four (40) hours pay at his or her basic hourly rate

1906 Overtime Authorization Overtime must be authorized in advance by the Business Administrator in accordance with Board guidelines

1907 Definition of Overtime

Any hours exceeding the hours specified in 1901 will be considered as overtime For all employees all hours worked on a Sunday or a statutory holiday shall be

considered as overtime Save and except for emergencies all necessary overtime shall be worked on a voluntary basis and shall be offered to employees firstly by occupational classification and secondly by seniority in the relevant occupational classification

1908 Overtime Rates It is understood and agreed that overtime will be calculated and paid under only one of the following rates a) time and one half (15) for all overtime hours worked on a week day or a

Saturday or a statutory holiday or b) double time for all hours worked on a Sunday

1909 Procedure

In order to have overtime work recognized an employee must forward a completed time sheet which has been duly authorized to the Board Business Administrator or hisher designate

1910 Payment

Overtime payments will be made to an employee only in the form of money which will be added to his pay cheque

bull bull

17

shyARTICLE 20- PAYMENT OF WAGES amp ALLOWANCES

2001 The hourly rate of each employee shall be determined based on the r

employees occupational classification and the years of experience with this Board in that particular occupational classification Schedule A which is attached hereto and which forms part of this Collective Agreement sets out the said hourly rates

2002 The Board shall calculate each employees wages in accordance with the above schedule a) The Board shall pay salaries and wages bi-weekly in accordance with this

Article and Schedule A to this Collective Agreement On each pay day each employee shall be provided with an itemized statement of hisher wages and other supplementary pay and deductions

b) The Employee hired on October 302002 shall receive their pay by cheque on the scheduled pay date All current and newly hired employees shall receive their pay by direct deposit to the Canadian Imperial Bank of Commerce

2003 Travel Allowances

a) The Board will pay each employee a Travel and Isolation Allowance of Three Thousand Nine Hundred and Fifty Dollars ($395000) per year payable as follows

June - $133400 December - $133300 March - $128300

b Regular part time employees shall be entitled to the above travel allowance on a prorated basis The attendance counsellor shall be paid 31 of the above travel allowance as his pro rated share The Bus driver shall be paid 61 of the above travel allowance as his pro rated share The maintenance helper shall be paid a pro rated share of the above travel allowance

2004 An employee will automatically progress from one step to the next in the salary range for his classification from the beginning of an employees first anniversary date (date of hire) or last promotion date until reaching the maximum step

2005 Clothing Allowance

a) Custodial staff will be provided with their choice of one (1) smock or one (1) ~ suit of work pants and shirt per year A second set of either work pants and shirt or smock may be purchased by the employee and reimbursed at half the cost upon submission of receipt

b) Maintenance staff will be provided with one (1) pair of steel-toed safety boots per year as required

bull bull

15

1804 Long Term Disability Plan

The Union and the employees agree that enrollment in the OTIP Long Term Disability Plan or its equivalent shall be compulsory for all eligible employees v Each eligible employee shall pay 100 of the cost of his enrollment in the Ontario Teachers Insurance Plan or its equivalent and the said cost of enrollment shall be deducted by the Board from each eligible employees wages

ARTICLE 19 - HOURS OF WORK amp OVERTIME

1901 Hours of Work

The work week for regular full time employees shall be as follows a) Attendance Counsellor 2 hours per school day 10 month position=213

work days b) Bus driver 4 hours per school day 10 month position=213 work days c) Cleaners 320 hours a week Monday to Friday 12 month position=260

work days d) Custodian 375 hours per week Monday to Friday 12 month position=260

work days e) School Secretary 35 hours per week Monday to Friday 11 month

position=240 work days f) Teachers Aide 325 hours per week 10 month position=213 work days g) Maintenance Helper 2 hours per school day 12 month position=260 work

days h) The Employee hired on August 25 1993 shall be classified as the

Attendance CounselorBus Driver Notwithstanding 1901 (a) and (b) the workweek for this position shall be thirty (300) hours per week

1902 It is understood and agreed that a) the job positions of Custodian and Cleaner are twelve (12) month positions b) the job position of Teachers Aide is for 65 hours during each school day c) the job position of Attendance Counsellor is for two (2) hours during each

school day d) the job of School Secretary is for a minimum of eleven (11) months e) the job of Bus Driver is for four (4) hours per day

1903 Break Periods

a) Full time employees will be permitted a fifteen (15) minute rest period in each half of the normal scheduled day at a time to be decided by the Board IBusiness Administrator

b) A part time employee working continuously for a period of three and one half (35) hours will be entitled to a fifteen (15) minute rest period as above

1904 Nothing in this Agreement shall be construed as guaranteeing minimum or maximum hours of work

bull bull 16

1905 Call Back An employee who leaves his or her place of work and is subsequently called back to work prior to the starting time of his or her next scheduled shift shall be paid a minimum of four (40) hours pay at his or her basic hourly rate

1906 Overtime Authorization Overtime must be authorized in advance by the Business Administrator in accordance with Board guidelines

1907 Definition of Overtime

Any hours exceeding the hours specified in 1901 will be considered as overtime For all employees all hours worked on a Sunday or a statutory holiday shall be

considered as overtime Save and except for emergencies all necessary overtime shall be worked on a voluntary basis and shall be offered to employees firstly by occupational classification and secondly by seniority in the relevant occupational classification

1908 Overtime Rates It is understood and agreed that overtime will be calculated and paid under only one of the following rates a) time and one half (15) for all overtime hours worked on a week day or a

Saturday or a statutory holiday or b) double time for all hours worked on a Sunday

1909 Procedure

In order to have overtime work recognized an employee must forward a completed time sheet which has been duly authorized to the Board Business Administrator or hisher designate

1910 Payment

Overtime payments will be made to an employee only in the form of money which will be added to his pay cheque

bull bull

17

shyARTICLE 20- PAYMENT OF WAGES amp ALLOWANCES

2001 The hourly rate of each employee shall be determined based on the r

employees occupational classification and the years of experience with this Board in that particular occupational classification Schedule A which is attached hereto and which forms part of this Collective Agreement sets out the said hourly rates

2002 The Board shall calculate each employees wages in accordance with the above schedule a) The Board shall pay salaries and wages bi-weekly in accordance with this

Article and Schedule A to this Collective Agreement On each pay day each employee shall be provided with an itemized statement of hisher wages and other supplementary pay and deductions

b) The Employee hired on October 302002 shall receive their pay by cheque on the scheduled pay date All current and newly hired employees shall receive their pay by direct deposit to the Canadian Imperial Bank of Commerce

2003 Travel Allowances

a) The Board will pay each employee a Travel and Isolation Allowance of Three Thousand Nine Hundred and Fifty Dollars ($395000) per year payable as follows

June - $133400 December - $133300 March - $128300

b Regular part time employees shall be entitled to the above travel allowance on a prorated basis The attendance counsellor shall be paid 31 of the above travel allowance as his pro rated share The Bus driver shall be paid 61 of the above travel allowance as his pro rated share The maintenance helper shall be paid a pro rated share of the above travel allowance

2004 An employee will automatically progress from one step to the next in the salary range for his classification from the beginning of an employees first anniversary date (date of hire) or last promotion date until reaching the maximum step

2005 Clothing Allowance

a) Custodial staff will be provided with their choice of one (1) smock or one (1) ~ suit of work pants and shirt per year A second set of either work pants and shirt or smock may be purchased by the employee and reimbursed at half the cost upon submission of receipt

b) Maintenance staff will be provided with one (1) pair of steel-toed safety boots per year as required

bull bull 16

1905 Call Back An employee who leaves his or her place of work and is subsequently called back to work prior to the starting time of his or her next scheduled shift shall be paid a minimum of four (40) hours pay at his or her basic hourly rate

1906 Overtime Authorization Overtime must be authorized in advance by the Business Administrator in accordance with Board guidelines

1907 Definition of Overtime

Any hours exceeding the hours specified in 1901 will be considered as overtime For all employees all hours worked on a Sunday or a statutory holiday shall be

considered as overtime Save and except for emergencies all necessary overtime shall be worked on a voluntary basis and shall be offered to employees firstly by occupational classification and secondly by seniority in the relevant occupational classification

1908 Overtime Rates It is understood and agreed that overtime will be calculated and paid under only one of the following rates a) time and one half (15) for all overtime hours worked on a week day or a

Saturday or a statutory holiday or b) double time for all hours worked on a Sunday

1909 Procedure

In order to have overtime work recognized an employee must forward a completed time sheet which has been duly authorized to the Board Business Administrator or hisher designate

1910 Payment

Overtime payments will be made to an employee only in the form of money which will be added to his pay cheque

bull bull

17

shyARTICLE 20- PAYMENT OF WAGES amp ALLOWANCES

2001 The hourly rate of each employee shall be determined based on the r

employees occupational classification and the years of experience with this Board in that particular occupational classification Schedule A which is attached hereto and which forms part of this Collective Agreement sets out the said hourly rates

2002 The Board shall calculate each employees wages in accordance with the above schedule a) The Board shall pay salaries and wages bi-weekly in accordance with this

Article and Schedule A to this Collective Agreement On each pay day each employee shall be provided with an itemized statement of hisher wages and other supplementary pay and deductions

b) The Employee hired on October 302002 shall receive their pay by cheque on the scheduled pay date All current and newly hired employees shall receive their pay by direct deposit to the Canadian Imperial Bank of Commerce

2003 Travel Allowances

a) The Board will pay each employee a Travel and Isolation Allowance of Three Thousand Nine Hundred and Fifty Dollars ($395000) per year payable as follows

June - $133400 December - $133300 March - $128300

b Regular part time employees shall be entitled to the above travel allowance on a prorated basis The attendance counsellor shall be paid 31 of the above travel allowance as his pro rated share The Bus driver shall be paid 61 of the above travel allowance as his pro rated share The maintenance helper shall be paid a pro rated share of the above travel allowance

2004 An employee will automatically progress from one step to the next in the salary range for his classification from the beginning of an employees first anniversary date (date of hire) or last promotion date until reaching the maximum step

2005 Clothing Allowance

a) Custodial staff will be provided with their choice of one (1) smock or one (1) ~ suit of work pants and shirt per year A second set of either work pants and shirt or smock may be purchased by the employee and reimbursed at half the cost upon submission of receipt

b) Maintenance staff will be provided with one (1) pair of steel-toed safety boots per year as required

bull bull

17

shyARTICLE 20- PAYMENT OF WAGES amp ALLOWANCES

2001 The hourly rate of each employee shall be determined based on the r

employees occupational classification and the years of experience with this Board in that particular occupational classification Schedule A which is attached hereto and which forms part of this Collective Agreement sets out the said hourly rates

2002 The Board shall calculate each employees wages in accordance with the above schedule a) The Board shall pay salaries and wages bi-weekly in accordance with this

Article and Schedule A to this Collective Agreement On each pay day each employee shall be provided with an itemized statement of hisher wages and other supplementary pay and deductions

b) The Employee hired on October 302002 shall receive their pay by cheque on the scheduled pay date All current and newly hired employees shall receive their pay by direct deposit to the Canadian Imperial Bank of Commerce

2003 Travel Allowances

a) The Board will pay each employee a Travel and Isolation Allowance of Three Thousand Nine Hundred and Fifty Dollars ($395000) per year payable as follows

June - $133400 December - $133300 March - $128300

b Regular part time employees shall be entitled to the above travel allowance on a prorated basis The attendance counsellor shall be paid 31 of the above travel allowance as his pro rated share The Bus driver shall be paid 61 of the above travel allowance as his pro rated share The maintenance helper shall be paid a pro rated share of the above travel allowance

2004 An employee will automatically progress from one step to the next in the salary range for his classification from the beginning of an employees first anniversary date (date of hire) or last promotion date until reaching the maximum step

2005 Clothing Allowance

a) Custodial staff will be provided with their choice of one (1) smock or one (1) ~ suit of work pants and shirt per year A second set of either work pants and shirt or smock may be purchased by the employee and reimbursed at half the cost upon submission of receipt

b) Maintenance staff will be provided with one (1) pair of steel-toed safety boots per year as required

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

bull bull 18

2006 Acting Pay Where an employee is assigned temporarily - for five (5) days or more - to perform the duties of a position in a higher classification she shall be paid the rate of the higher classification that is higher than the employees normal rate for all hours worked in the higher classification from the commencement of the assignment

2007 On-Call Where an employee is required to be on-call for the weekend he shall receive one day off with pay

ARTICLE 21 - VACATIONS

2101 New employees shall commence to accumulate annual vacation credits from the date of hire No employee shall be entitled to any leave until the employee has worked for three full calendar months in the Boards employ

2102 (a) It is understood and agreed that the regular full time employees who are employed in the Teachers Aide position shall be given two weeks of their vacation as follows one week at the Christmas Break and one week at the March Break Any additional vacation entitlement shall be paid as vacation pay by June 30 or the employee may also use any accumulated vacation credits to cover hunt break week

(b) Regular part-time employees vacation entitlement shall be on a pro rated basis

2103 (a) Every employee who has less than three (3) months of service by June 30 shall be granted vacation pay according to the Employment Standards Act

(b) Every employee who has three (3) months of service but less than five (5) years of service by June 30 shall be granted fifteen (15) days vacation with pay

(c) Every employee who has five (5) years but less than eleven (11) years of service by June 30 shall be granted twenty (20) days vacation with pay

(d) Every employee who has eleven (11) years or more service by June 30 shall be granted twenty-five (25) days vacation with pay

(e) If an employee has worked less than 1760 hours (or the proportion thereof) then vacation pay shall be based on the following

11 - 4 of actual wages for the preceding twelve (12) months (if otherwise entitled to two (2) weeks vacation) - 6 of actual wages for the preceding twelve (12) months (if otherwise entitled to three (3) weeks vacation) - 8 of actual wages for the preceding twelve (12) months (if otherwise entitled to four (4) weeks vacation)

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19

2104 (a) All annual vacations provided for in this Agreement shall as a general rule be taken during July and August in each year unless the Board permits otherwise Vacation entitlement shall be calculated as of July 1 st of each year

(b) Twelve month employees entitled to three (3) or more weeks vacation may by mutual agreement take one (1) or more weeks vacation - except during the Christmas and the Hunt Breaks - at a time other than July or August

ARTICLE 22 - STATUTORY HOLIDAYS

2201 The following days will be recognized as paid holidays for all regular full time employees who are employed in twelve (12) month job positions - New Years Day - Good Friday - Easter Monday - Victoria Day - Canada Day - Civic Holiday - Labour Day - Thanksgiving Day - Christmas Day - Boxing Day and - a floating day to be scheduled by the Board between the 26th of December and the 1 st of January

2202 The following days will be recognized as paid holidays for all regular full time employees who are employed in ten (10) month job positions - New Years Day - Good Friday - Easter Monday - Victoria Day - Labour Day - Thanksgiving Day - Christmas Day - Boxing Day and - a floating day to be scheduled by the Board between the 26th of December and the 1 st of January

bull bull 20

2203 The following days will be recognized as paid holidays for all regular part time employees provided the part time employee has worked or received wages on

I the regularly scheduled workday before the holiday and on the regularly scheduled workday after the holiday and provided that the part time employee has received wages on at least any ten (10) days during the four weeks immediately proceeding the holiday - New Years Day Good Friday - Victoria Day Easter Mondy - Canada Day Civic Holiday - Labour Day Thanksgiving Day - Christmas Day - Boxing Day and - a floating day to be scheduled by the Board between the 26th of December and the 1 st of January

ARTICLE 23 - OCCUPATIONAL CLASSIFICATIONS

2301 The Board and the Union recognize that each of the following job positions constitutes one separate occupational classification - Attendance Counsellor - Bus Driver - CustodianCleaner - School Secretary - Teachers Aide - Maintenance Helper

2302 When an existing job is to be changed or a new job is to be created the Employer will discuss with the Union the changed or new job and the rate before establishing them

ARTICLE 24 bull SEXUAL HARASSMENT

2401 The Board and the Union agree that every employee has a right to freedom from harassment in the workplace Any person covered by this agreement who feels the victim of harassment shall have the right to seek redress in accordance with the grievance procedure or Board Policy

bull bull 21

ARTICLE 25 - GENERAL

2501 Professional Development

The Employer recognizes that training coursesconferences which are designed to make employees better qualified to perform their job are beneficial to the employee and to the Employer Subject to budgetary considerations the Employer agrees to consider reimbursement of part or all of the cost to the employee of the above coursesconferences provided that the Board Business Administrator receives a request in writing from the employee for approval of the courseconference and for reimbursement prior to the courseconference date

2502 Orientation For New Employees

The Employer and the Union agree to inform new employees with the fact that a Collective Agreement is in effect and with the conditions of employment as set out in the Agreement at a time agreed upon by the Board Business Administrator or designate and the Unit Steward or designate

bull bull 22

ARTICLE 26 - TERM OF AGREEMENT

1 2601 This Agreement shall be effective from September 1 2002 until August 31 2003 and shall continue in effect from year to year thereafter unless either party gives you the other party notice in writing within ninety (90) days prior to the expiry date of this Agreement of its desire to terminate or amend this Agreement

2602 All provisions in the new Agreement shall be effective on the date of signing the Agreement unless specified

2603 This Agreement may be amended by the mutual written consent of the two parties at any time during the term of this Agreement

SIGNED at74C4J4OU Uolt 2003

FOR THE MOOSONEE ROMAN CATHOLIC FOR THE ONTARIO PUBLIC SERVICE SEPARATE SCHOOL BOARD EMPLOYEES UNION

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2104 (a) All annual vacations provided for in this Agreement shall as a general rule be taken during July and August in each year unless the Board permits otherwise Vacation entitlement shall be calculated as of July 1 st of each year

(b) Twelve month employees entitled to three (3) or more weeks vacation may by mutual agreement take one (1) or more weeks vacation - except during the Christmas and the Hunt Breaks - at a time other than July or August

ARTICLE 22 - STATUTORY HOLIDAYS

2201 The following days will be recognized as paid holidays for all regular full time employees who are employed in twelve (12) month job positions - New Years Day - Good Friday - Easter Monday - Victoria Day - Canada Day - Civic Holiday - Labour Day - Thanksgiving Day - Christmas Day - Boxing Day and - a floating day to be scheduled by the Board between the 26th of December and the 1 st of January

2202 The following days will be recognized as paid holidays for all regular full time employees who are employed in ten (10) month job positions - New Years Day - Good Friday - Easter Monday - Victoria Day - Labour Day - Thanksgiving Day - Christmas Day - Boxing Day and - a floating day to be scheduled by the Board between the 26th of December and the 1 st of January

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2203 The following days will be recognized as paid holidays for all regular part time employees provided the part time employee has worked or received wages on

I the regularly scheduled workday before the holiday and on the regularly scheduled workday after the holiday and provided that the part time employee has received wages on at least any ten (10) days during the four weeks immediately proceeding the holiday - New Years Day Good Friday - Victoria Day Easter Mondy - Canada Day Civic Holiday - Labour Day Thanksgiving Day - Christmas Day - Boxing Day and - a floating day to be scheduled by the Board between the 26th of December and the 1 st of January

ARTICLE 23 - OCCUPATIONAL CLASSIFICATIONS

2301 The Board and the Union recognize that each of the following job positions constitutes one separate occupational classification - Attendance Counsellor - Bus Driver - CustodianCleaner - School Secretary - Teachers Aide - Maintenance Helper

2302 When an existing job is to be changed or a new job is to be created the Employer will discuss with the Union the changed or new job and the rate before establishing them

ARTICLE 24 bull SEXUAL HARASSMENT

2401 The Board and the Union agree that every employee has a right to freedom from harassment in the workplace Any person covered by this agreement who feels the victim of harassment shall have the right to seek redress in accordance with the grievance procedure or Board Policy

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ARTICLE 25 - GENERAL

2501 Professional Development

The Employer recognizes that training coursesconferences which are designed to make employees better qualified to perform their job are beneficial to the employee and to the Employer Subject to budgetary considerations the Employer agrees to consider reimbursement of part or all of the cost to the employee of the above coursesconferences provided that the Board Business Administrator receives a request in writing from the employee for approval of the courseconference and for reimbursement prior to the courseconference date

2502 Orientation For New Employees

The Employer and the Union agree to inform new employees with the fact that a Collective Agreement is in effect and with the conditions of employment as set out in the Agreement at a time agreed upon by the Board Business Administrator or designate and the Unit Steward or designate

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ARTICLE 26 - TERM OF AGREEMENT

1 2601 This Agreement shall be effective from September 1 2002 until August 31 2003 and shall continue in effect from year to year thereafter unless either party gives you the other party notice in writing within ninety (90) days prior to the expiry date of this Agreement of its desire to terminate or amend this Agreement

2602 All provisions in the new Agreement shall be effective on the date of signing the Agreement unless specified

2603 This Agreement may be amended by the mutual written consent of the two parties at any time during the term of this Agreement

SIGNED at74C4J4OU Uolt 2003

FOR THE MOOSONEE ROMAN CATHOLIC FOR THE ONTARIO PUBLIC SERVICE SEPARATE SCHOOL BOARD EMPLOYEES UNION

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2203 The following days will be recognized as paid holidays for all regular part time employees provided the part time employee has worked or received wages on

I the regularly scheduled workday before the holiday and on the regularly scheduled workday after the holiday and provided that the part time employee has received wages on at least any ten (10) days during the four weeks immediately proceeding the holiday - New Years Day Good Friday - Victoria Day Easter Mondy - Canada Day Civic Holiday - Labour Day Thanksgiving Day - Christmas Day - Boxing Day and - a floating day to be scheduled by the Board between the 26th of December and the 1 st of January

ARTICLE 23 - OCCUPATIONAL CLASSIFICATIONS

2301 The Board and the Union recognize that each of the following job positions constitutes one separate occupational classification - Attendance Counsellor - Bus Driver - CustodianCleaner - School Secretary - Teachers Aide - Maintenance Helper

2302 When an existing job is to be changed or a new job is to be created the Employer will discuss with the Union the changed or new job and the rate before establishing them

ARTICLE 24 bull SEXUAL HARASSMENT

2401 The Board and the Union agree that every employee has a right to freedom from harassment in the workplace Any person covered by this agreement who feels the victim of harassment shall have the right to seek redress in accordance with the grievance procedure or Board Policy

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ARTICLE 25 - GENERAL

2501 Professional Development

The Employer recognizes that training coursesconferences which are designed to make employees better qualified to perform their job are beneficial to the employee and to the Employer Subject to budgetary considerations the Employer agrees to consider reimbursement of part or all of the cost to the employee of the above coursesconferences provided that the Board Business Administrator receives a request in writing from the employee for approval of the courseconference and for reimbursement prior to the courseconference date

2502 Orientation For New Employees

The Employer and the Union agree to inform new employees with the fact that a Collective Agreement is in effect and with the conditions of employment as set out in the Agreement at a time agreed upon by the Board Business Administrator or designate and the Unit Steward or designate

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ARTICLE 26 - TERM OF AGREEMENT

1 2601 This Agreement shall be effective from September 1 2002 until August 31 2003 and shall continue in effect from year to year thereafter unless either party gives you the other party notice in writing within ninety (90) days prior to the expiry date of this Agreement of its desire to terminate or amend this Agreement

2602 All provisions in the new Agreement shall be effective on the date of signing the Agreement unless specified

2603 This Agreement may be amended by the mutual written consent of the two parties at any time during the term of this Agreement

SIGNED at74C4J4OU Uolt 2003

FOR THE MOOSONEE ROMAN CATHOLIC FOR THE ONTARIO PUBLIC SERVICE SEPARATE SCHOOL BOARD EMPLOYEES UNION

U~

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ARTICLE 25 - GENERAL

2501 Professional Development

The Employer recognizes that training coursesconferences which are designed to make employees better qualified to perform their job are beneficial to the employee and to the Employer Subject to budgetary considerations the Employer agrees to consider reimbursement of part or all of the cost to the employee of the above coursesconferences provided that the Board Business Administrator receives a request in writing from the employee for approval of the courseconference and for reimbursement prior to the courseconference date

2502 Orientation For New Employees

The Employer and the Union agree to inform new employees with the fact that a Collective Agreement is in effect and with the conditions of employment as set out in the Agreement at a time agreed upon by the Board Business Administrator or designate and the Unit Steward or designate

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ARTICLE 26 - TERM OF AGREEMENT

1 2601 This Agreement shall be effective from September 1 2002 until August 31 2003 and shall continue in effect from year to year thereafter unless either party gives you the other party notice in writing within ninety (90) days prior to the expiry date of this Agreement of its desire to terminate or amend this Agreement

2602 All provisions in the new Agreement shall be effective on the date of signing the Agreement unless specified

2603 This Agreement may be amended by the mutual written consent of the two parties at any time during the term of this Agreement

SIGNED at74C4J4OU Uolt 2003

FOR THE MOOSONEE ROMAN CATHOLIC FOR THE ONTARIO PUBLIC SERVICE SEPARATE SCHOOL BOARD EMPLOYEES UNION

U~

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ARTICLE 26 - TERM OF AGREEMENT

1 2601 This Agreement shall be effective from September 1 2002 until August 31 2003 and shall continue in effect from year to year thereafter unless either party gives you the other party notice in writing within ninety (90) days prior to the expiry date of this Agreement of its desire to terminate or amend this Agreement

2602 All provisions in the new Agreement shall be effective on the date of signing the Agreement unless specified

2603 This Agreement may be amended by the mutual written consent of the two parties at any time during the term of this Agreement

SIGNED at74C4J4OU Uolt 2003

FOR THE MOOSONEE ROMAN CATHOLIC FOR THE ONTARIO PUBLIC SERVICE SEPARATE SCHOOL BOARD EMPLOYEES UNION

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bull SCHEDULE A - Salary Grid

Attendance Counsellor and Bus Driver

Custodian and Cleaner

School

Educational Assistant (previously known as Teachers Aide)

23

Years Of Experience

o 1 2 3 4 5 6 7

o 1 2 3 4 5 6 7

o 1 2 3 4 5 6 7

0 1 2 3 4 5 6 7

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Sep112002 to

Aug 312003

1498 1583 1668 1752 1837 1921 2006 2091

1146 1217 1289 1360 1432 1503 1575 1646

1312 1382 1465 1549 1632 1716 1799 1882

1382 1475 1568 1662 1755 1847 1941 2034