Waterloo Secondary Administration and Staff Rep Contract In-Service November 27, 2008

Waterloo SecondaryWaterloo SecondaryAdministration and Staff RepAdministration and Staff Rep

Contract In-ServiceContract In-Service

November 27, 2008

Ontario Catholic School Trustees’ Association

Implications for Local Bargaining

“The hallmark of the new ways of relating to one another takes the form of requiring that certain structures be put in place; structures that will require a higher level of openness, disclosure and meaningful consultation than may have been the case in some Boards.”..

..“It is understood by all parties that the real or perceived barriers to meaningful consultation are not the preserve of only one party”..

Provincial FrameworkProvincial FrameworkMust accept all or none:

1) 4 year contract2) 3% salary increase in each year3) Benefits status quo benefits 20104) Additional teachers above 22:1 5) Board Staffing Committee 6) PD Committee7) 15 minutes before school 8) Dual Credit Course language

PreamblePreamble Preambles set the tone for the contract, but have never

been used in an OECTA grievance, so preambles have ‘untested’ legal force

Our contract has an existing preamble that speaks about harmonious relationships between the Board and OECTA

The PDT required us to add this paragraph to our existing preamble

It is government language which states one of our aims is to improve student achievement

Article 1: Legal ObligationsArticle 1: Legal Obligations

As required by the PDT, the contract dates have been changed, so the contract has a duration of 4 years.

Clause 1.01: DurationClause 1.01: Duration


The Board has the right to manage schools as it sees fit, within provisions of the Labour Act, Education Act, and this Collective Agreement

Principals will assign duties in a fair and equitable manner Principals will consult with teachers with respect to their

preferences, qualifications and experience when assigning teaching duties

Clause 1.05: Management RightsClause 1.05: Management Rights


Every employee has the right to a workplace free from harassment

The Board has a harassment policy Any employee with a claim of harassment may make use

of the Board policy The policy can be found on the Board website The policy provides resolution through either a formal or

informal process OECTA involvement demonstrates leadership on the part

of teachers, and should be viewed as being a positive contribution to the system

Clause 1.07: HarassmentClause 1.07: Harassment

Article 2: Grievance ProcedureArticle 2: Grievance Procedure

A grievance is a disagreement concerning a clause of the contract and may be an individual, group, Unit or Board type of grievance

This defines a multi-step procedure to resolve grievances In the first steps of a individual, group or Unit grievance, it

is ‘owned’ by the Unit, after step 2, it is ‘owned’ by Provincial and they decide how to proceed

Changes allow for the use of either a single arbitrator or an arbitration board

This should save both parties money and resolve grievances in less time

Article 3: Professional ResponsibilitiesArticle 3: Professional Responsibilities

The teacher is responsible for lesson plans for the first day of their absence

On subsequent days, planning is the responsibility of the occasional teacher, who will require long range plans or unit plans

Clause 3.01: Absence PlanningClause 3.01: Absence Planning


Extra curricular activities are voluntary A teacher’s first priority is teaching

Clause 3.02: Extra CurricularClause 3.02: Extra Curricular


• This clause has been deleted• This clause allowed for teachers to be involved in the

hiring process of new teachers• This would result in teachers possibly making a negative

report on another member• Teachers haven’t been involved in hiring in many years

Clause 3.03: Consultation In HiringClause 3.03: Consultation In Hiring


• Teachers are moving in the direction of accepting greater responsibility for their own PD

• In the current contract, OECTA is allowed to organize 1 ½ days PD• Last year we used the ½ day for Stephen Lewis, the year before we ran

teacher-led workshops around the county, this year we are again planning workshops

• We are changing from reporting to the Board for our ½ day, to reporting to the new Professional Development Committee what the day will be used for

• The new Professional Development Committee is mandated by the PDT, and is covered later in this presentation

• The full day PD is used by secondary teachers between semesters and will now be used to address their ALP goals

• This change makes the ALP a more important document for teachers• There is also a letter of intent surrounding additional PD days

Clause 3.04: OECTA P.A. DayClause 3.04: OECTA P.A. Day


• This clause allows OECTA to have teacher representatives on certain Board committees

• The change in the clause strengthens the language allowing teacher representation on board committees that make decisions about our working conditions, from ‘will be provided the opportunity’ to ‘shall’

• The OECTA office will be responsible for appointing ‘any’ teachers to committees

• OECTA will look for teachers who have an understanding of teacher’s issues and the mandate of the committee

Clause 3.06: Teacher Representation Clause 3.06: Teacher Representation on Committeeson Committees

Article 4: Working ConditionsArticle 4: Working Conditions

• The current contract states that the Board has a right to keep a personnel file on teachers.

• The change specifies that a teacher’s official personnel file is kept at the Education Center

• Notes kept by a principal are not part of a teacher’s personnel file

Clause 4.01: Personnel FilesClause 4.01: Personnel Files


This clause concerns negative reports that might be placed in a teacher’s file

The first paragraph sets a timeframe of 10 days for reports to be placed in the file

This paragraph also defines that the teacher’s signature on the report does not mean that they agree with the report with the sentence “It is understood that such signature is only an acknowledgement of having received a copy thereof.”

The second clause sets out the rights of a teacher to request that the report be removed after 1 year

The change in wording from ‘promotion’ to ‘position of responsibility’ is because OECTA does not view a headship or consultancy as a promotion since we are all still teachers

Clause 4.03: Written ReportsClause 4.03: Written Reports


• This clause defines how the Board performs teacher performance appraisals, within the Ministry guidelines

• Many changes in wording were required, as the Ministry changed the official name from TPA to PAET

• The sentence in paragraph C “It is understood that the timelines related to the Performance Appraisal for Experienced Teachers contained in the applicable legislation will be adhered to.” means that the Board has committed to adhering to the timelines for performing the PAET as laid out by the Ministry, so appraisals should be done in the year they are due, and not deferred or extended to multiple years

Clause 4.04A: Performance AppraisalClause 4.04A: Performance Appraisal


The process for NTIP has been added to the contract, important concepts are:

•NTIP will follow the process in the Ministry documents•Fellow teachers and mentors do not evaluate the new teacher•The choice of a mentor is up to the new teacher•Any teacher, with 5 years experience, may volunteer to mentor•The Unit will be notified of all teachers on NTIP and mentors•The mentor relationship terminates if the new teacher gets an unsatisfactory rating or if either party wants the relationship to terminate•Teachers may add comments to the Summative Report and their signature indicates receipt only, not agreement with the report•Timelines will be adhered to, as laid out by the Ministry•Voluntary activities are not included in the evaluation•The Unit is notified if teachers get into problems•NTIP training shall occur during the school day, since the Ministry funds release time for these teachers•This language safeguards the new teacher and their mentor and ensures the integrity of the NTIP process

Clause 4.04B: NTIPClause 4.04B: NTIP


Redundancy is when there are not enough teaching positions within secondary schools for all the teachers, and a teacher must be ‘laid off’

This clause defines that teachers are declared redundant by seniority

The change in paragraph G means that all redundant teachers will receive a letter explaining they were released due to redundancy

Clause 4.10: RedundancyClause 4.10: Redundancy


• Recall is when there are laid off teachers and teaching positions open up, so teachers can be called back.

• Teachers will be recalled in the reverse order that they were laid off, subject to the teacher having the qualifications to fill the available teaching position(s)

• In the current contract, the language allows the Board to define the qualifications required for a recall position, the new language says that the qualifications will simply be those required by the Ministry

• This change will make the process more transparent and reduce perceptions of subjectivity

Clause 4.11: RecallClause 4.11: Recall


• This is a new clause that defines the surplus process. • Surplus means that there are too many teachers in a school but not too

many teachers across the system, so some teacher will need to be transferred to another school, or a teacher hired within the year

• In this case, the teacher still has a job, but not at their current school. • Currently, the principal decides which teacher will be transferred to

another school. • The contract now says that the teacher with the least seniority will be

the teacher that will move schools, if all remaining teachers have qualifications needed.

• Surpluses will be declared prior to the first posting in the transfer process, so these teachers have a chance at all the posted openings in the Board.

• This brings greater transparency and clarity to the process

Clause 4.11A: SurplusClause 4.11A: Surplus


• This clause is for transfers, and specifies which teachers may place themselves on the ‘required placement list’ – that is, a teacher that definitely wants to move to a new school

• This change allows teachers with 5 or more years in a school to place themselves on the required placement transfer list, rather than 6 years

• This is the same right that elementary teachers enjoy• We have added any teacher that is declared surplus to their school

to be a required placement

Clause 4.14: TransfersClause 4.14: Transfers


• During the transfer process, some teachers do not put themselves on the ‘required placement list’ but watch the postings and will apply for a position that interests them

• This clause defines who may apply for a posting.• The change here is to clarify that a posting will have

qualifications that are specifically defined in the Ed Act• This will keep the postings academically based and equitable for

all teachers

Clause 4.14: TransfersClause 4.14: Transfers


• In this clause, the wording change from ‘should’ to ‘shall’, makes the language stronger

• It now requires the principal to give any existing contract staff in the school a teaching position, if one exists that they can fill, rather than being a suggestion that this should be the practice

• This does not apply to LTOs in our schools• In this clause, qualifications in a posting will be limited to those in the

Ed Act• The second paragraph has language added that will have any summer

postings emailed to everyone’s school email address, this will ensure that teachers don’t need to periodically check Staffnet for postings they might be interested in applying for, but will receive them in their email inbox – of course they need to check their email occasionally if they think there might be a posting coming up, of interest

Clause 4.15: PostingClause 4.15: Posting


This clause specifies how many minutes of supervision and on-calls we are committed to do Minutes for on-calls and supervisions will decrease in each of the 4 years of the contract,

starting with this year.

ii) A maximum number of minutes of supervision/on-calls per school year, as follows:

Sept 1, 2008 - 1400;

Sept 1, 2009 - 1340;

Sept 1, 2010 - 1280;

Sept 1, 2011 - 1220;

August 31, 2012 - 1190. The Board will still retain the right to schedule supervisions and on-calls as they see fit,

with appropriate minutes given to each Since this is effective immediately, some changes for this year may be needed

Clause 4.16: Instructional Teaching Clause 4.16: Instructional Teaching ScheduleSchedule


The use of on-calls is defined in the contract On-calls will no longer be used to cover Personal Obligation Days As per the email sent earlier, Personal Obligation Days are now covered by OTs The on-calls ‘freed up’ can be used by the Board for supervision or support of

educational excursions and extra-curriculars Emergency leaves are defined in article 5.05 In the 2004-2008, the intent of personal obligation days was clarified to be used

to handle a personal obligation, which would not properly be handled as a sick day, such as taking a relative to the hospital

Discussion took place about the misuse of these days during negotiations Staff reps need to remind teachers about the intent of these days

Clause 4.16: Instructional Teaching Clause 4.16: Instructional Teaching Schedule (Cont.)Schedule (Cont.)


Paragraphs D, E, F and G are new Paragraph D calls for all staff to play a role in supervision, that is, all

teachers, regardless of teaching schedules should have the same supervision/oncall minutes over a year

Paragraph E and F must be in the contract, due to the PDT Paragraph E and F talk about the 15 minutes before school, with the

intention that any assigned duties count towards a teacher’s supervision minutes

Paragraph G clarifies that paragraph E and F do not add an expectation that teachers must be in their classrooms with students 15 minutes before school starts, but our practice of being in the school, continues

Clause 4.16: Instructional Teaching Clause 4.16: Instructional Teaching Schedule (Cont.)Schedule (Cont.)


This is a new article on electronically delivered courses, or online courses This clause sets a framework for the delivery of online courses and says the

working conditions of an e-learning teacher are the same as a regular classroom teacher

It means that an online course will be on a teacher’s schedule, just as a regular course is and count as one course

Online courses shall have the teacher working during the day at the school rather than into the evening or weekends from home

The Board will provide the computer to the teacher and all communication shall be through the Board server, this safeguards teachers from any communications that may be altered to put them at risk

The number of students in an online course shall be counted in the 22:1 average, as any classroom course is

Teacher training to use the online course delivery system that might be needed shall be done by the Board, during the school day

Clause 4.16F: E-Credit CoursesClause 4.16F: E-Credit Courses


This is a new clause about the expelled students program Bill 212 has required the Board to create a program for suspended and expelled students, such

programs must have an academic portion so the student doesn’t fall behind in their studies Bill 212 also has funding to support the suspended and expelled program to hire teachers and

other staff, such as youth care workers This clause ensures that delivery of the academic portion of the program is to be done by a

teacher The position of the program’s teacher will be posted for any interested teacher to apply

(which has occurred) The workload shall be similar to a regular classroom teacher (3 periods and 1 prep and

supervision/on-calls) – there will need to be some flexibility on the part of the teacher in this scheduling

Because this program is funded separately, this clause states that the teacher assigned to it will not affect the 22:1 ratio, thereby affecting class sizes

To ensure the teacher has appropriate supports, each time a student is added to the program, the Board will discuss the addition of the student with the Unit office

Clause 4.16I: Suspended/Expelled Clause 4.16I: Suspended/Expelled Student ProgramStudent Program


• This clause defined the conditions for using a teacher as an administrator when all administrators were away from the school

• All schools now have multiple VPs• The Board is changing its practice and moving in the

direction of not calling all administrators out to meetings at the same time

• This means that at least one administrator should be present at all times

• Because of this change in practice, this clause is no longer needed

Clause 4.21: Teacher In ChargeClause 4.21: Teacher In Charge


• This clause defines the situations where a teacher may be assigned the duties of an administrator for a period of time

• The understanding is that this will be an unusual situation and the Board will fill the vacancy with a teacher only after talking to the Unit and having exhausted all other alternatives, such as using retired principals

• It is also understood that a teacher will only assume the duties of a VP

Clause 4.22: Acting AdministratorClause 4.22: Acting Administrator


• This is a new clause• The creation of a Professional Development Committee was mandated by the PDT• This committee will be made up of 3 Board reps and 3 OECTA reps• The committee shall work by consensus and when needed, refer matters to the

monthly Labour Management meeting for resolution• The purpose of the committee is to advise and oversee the PD that occurs for

secondary teachers, specifically:• ensure the content of PA days is consistent with teachers’ ALP goals, (we have

addressed this in the earlier clause of the OECTA PA day)• promote best practices of PD that is embedded within the school day• advise on how to use money that the Ministry may provide for PD• advise on the best way to implement PLCs that occur during the school day• advise and assist Board staff who develop and deliver PD

Clause 4.25: Professional Development Clause 4.25: Professional Development CommitteeCommittee

Article 5: Leaves Of AbsenceArticle 5: Leaves Of Absence

The new contract has increased the number of days of leave from 3 to 4, for the needs related to the adoption of a child

Clause 5.07: AdoptionClause 5.07: Adoption

Clause 5.08: PaternalClause 5.08: Paternal

The new contract has increased the number of days of leave from 3 to 4, for the needs related to the birth of a child

Article 5: Leaves Of AbsenceArticle 5: Leaves Of Absence

•Paragraph H discusses school reps

•Each secondary school has 1 rep for 25 teachers

•A bulletin board for OECTA business will be provided

•Teachers may request the use of a room for OETCA business

•A teacher may request OECTA representation if called into a meeting with administration

•Such meetings will be held a a mutually convenient time

Clause 5.18: OECTA Release TimeClause 5.18: OECTA Release Time

Article 6: Teacher BenefitsArticle 6: Teacher Benefits

•The PDT stipulates ‘status quo’ until 2010

•More on this later, in a letter of understanding

Article 7: RemunerationArticle 7: Remuneration

According to the PDT, the amounts were increased by 3% each year

Clause 7.10: AllowancesClause 7.10: Allowances

Sept 1/08 Sept 1/09 Sept 1/10 Sept 1/11

Program Heads 5,832 6,007 6,187 6,373

Assistant Program Heads – 50% 2,916 3,003 3,094 3,186

Resource Teachers 5,832 6,007 6,187 6,373

Consultants

Step 1 5,643 5,813 5,987 6,167

Step 2 6,043 6,224 6,411 6,603

Step 3 6,444 6,637 6,836 7,041

Step 4 6,843 7,049 7,260 7,478

System Coordinator

Program Services

Student Services

Step 1 7,667 7,897 8,134 8,378

Step 2 9,072 9,344 9,625 9,913

Step 3 10,368 10,679 10,999 11,329

Step 4 11,665 12,015 12,375 12,746


• 1B is a new paragraph in the related experience clause• This provides that newly hired tech teachers will get 1 year

of credit on the salary grid for each year of work experience that is related to their teaching assignment, to a max of 8 years

Clause 7.12: Related ExperienceClause 7.12: Related Experience


• 2B is also a new paragraph in the related experience clause for teachers with professional work experience

• This provides that newly hired teachers will get 1 year of credit on the salary grid for each year of work experience in a professional setting, that is related to their teaching assignment

• The teacher will be credited with a max of 8 years on the salary grid

• The years to be counted are those after getting out of university or college, that is, co-op time does not count

• The teacher must apply within 3 years of being hired, 3 years gives time to move to an assignment that applies to previous work experience

• The teacher is responsible to submit their documentation to HR

Clause 7.12: Related ExperienceClause 7.12: Related Experience


These amounts have also risen by 3% each year

Clause 7.13: Home InstructionClause 7.13: Home Instruction

SEPT 1/08 SEPT 1/09 SEPT 1/10 SEPT 1/11

Summer School Instructors per hour $34.34 $35.37 $36.43 $37.52


Salary increases 3% in each of the 4 years

Clause 7.15: Salary ScheduleClause 7.15: Salary Schedule

Sept 1, 2008 to Aug 31, 2009

STEP A0 A1 A2 A3 A4

0 37,431 39,386 41,761 45,346 48,132

1 40,191 42,294 44,877 48,856 51,979

2 42,950 45,198 47,993 52,366 55,827

3 45,710 48,106 51,107 55,875 59,674

4 48,469 51,012 54,222 59,386 63,521

5 51,229 53,918 57,338 62,896 67,368

6 53,988 56,824 60,454 66,406 71,216

7 56,748 59,731 63,570 69,916 75,064

8 59,508 62,636 66,684 73,426 78,911

9 62,267 65,543 69,800 76,936 82,758

10 65,027 68,449 72,916 80,446 86,605

Article 7: RemunerationArticle 7: RemunerationClause 7.15: Salary ScheduleClause 7.15: Salary Schedule

Sept 1, 2009 to Aug 31, 2010

STEP A0 A1 A2 A3 A4

0 38,554 40,568 43,014 46,706 49,576

1 41,396 43,563 46,223 50,322 53,538

2 44,238 46,554 49,433 53,937 57,502

3 47,082 49,549 52,640 57,552 61,464

4 49,923 52,542 55,849 61,167 65,427

5 52,766 55,536 59,058 64,783 69,389

6 55,608 58,529 62,267 68,398 73,353

7 58,450 61,523 65,477 72,014 77,316

8 61,293 64,515 68,685 75,628 81,279

9 64,135 67,509 71,894 79,244 85,241

10 66,978 70,502 75,103 82,859 89,204


Sept 1, 2010 to Aug 31, 2011

STEP A0 A1 A2 A3 A4

0 39,711 41,785 44,305 48,107 51,063

1 42,638 44,870 47,610 51,831 55,144

2 45,566 47,951 50,916 55,555 59,227

3 48,494 51,036 54,219 59,278 63,308

4 51,420 54,118 57,524 63,002 67,390

5 54,349 57,202 60,830 66,726 71,471

6 57,276 60,285 64,135 70,450 75,553

7 60,204 63,368 67,441 74,174 79,636

8 63,132 66,451 70,745 77,897 83,717

9 66,059 69,535 74,051 81,621 87,798

10 68,987 72,617 77,356 85,345 91,880


Sept 1, 2011 to Aug 31, 2012

STEP A0 A1 A2 A3 A4

0 40,902 43,038 45,634 49,551 52,595

1 43,917 46,216 49,038 53,386 56,799

2 46,933 49,390 52,443 57,222 61,004

3 49,949 52,567 55,845 61,057 65,207

4 52,963 55,742 59,250 64,892 69,411

5 55,979 58,918 62,655 68,728 73,615

6 58,995 62,093 66,059 72,564 77,820

7 62,010 65,269 69,464 76,400 82,025

8 65,026 68,444 72,868 80,234 86,229

9 68,040 71,621 76,272 84,070 90,432

10 71,057 74,796 79,677 87,906 94,636

Article 8: Continuing EducationArticle 8: Continuing Education

Con Ed is funded very differently than day school Major changes include: Seniority calculation changes Additions to leaves to more closely align with day school Increase in remuneration of 3% per year Continuation of benefits over the summer months Time to mark exams Classroom staffing that considers seniority Definition of the school organizational structure Inclusion in PD days A study of Con Ed registration procedures Long term leaves of absence

Letter of UnderstandingLetter of Understanding

• This letter of understanding calls for a monthly meeting between 3 reps of the Board and 3 OECTA reps

• This committee meets monthly to discuss system issues• The first meeting of the school year will be a presentation by

superintendents who will share forecast initiatives to be implemented across the system

• The committee will discuss Ministry and Board initiatives and develop letters of understanding on the implementations

Labour Management MeetingsLabour Management Meetings

Letter of UnderstandingLetter of UnderstandingJoint Board Level Staffing CommitteeJoint Board Level Staffing Committee

• This letter of understanding states that, in accordance with the PDT, there shall be a Board Level Committee for Staffing starting in January

• The committee will have 3 Board reps and 3 Unit reps• The committee shall meet monthly• The purpose of the committee is to:

• analyse how many teachers there are system-wide and how they are allocated to each school

• advise on the use of extra funding for staffing• consult and advise on the additional teachers that will be

funded above the 22:1• consult and advise on other teaching positions (SST,

guidance, dual credit)

Letter of UnderstandingLetter of UnderstandingDual Credit and High Skills MajorDual Credit and High Skills Major

• This language in this letter of understanding is required to be in our contract by the PDT

• The intent of this language is to ensure that any dual credit courses that students take, or any high skills major courses that students take, are taught by teachers

Letter of UnderstandingLetter of UnderstandingProgram CouncilProgram Council

• This letter of understanding complements the Board Level Staffing Committee

• This letter allows the staff rep to attend the April and May Program Council meetings

• It is intended that staffing models will be discussed at these meetings

• Information shall be provided at these meetings regarding registration in each course, non-credit assignments and data from the Board Level Staffing Committee

• The meetings will work to develop the tentative staffing model for the school

• Decisions made at these meetings will be communicated to all staff by the staff rep

Letter of UnderstandingLetter of UnderstandingSafe SchoolsSafe Schools

• This letter of understanding addresses safety issues in the schools, which was a major concern of teachers, as identified in the contract surveys

• The Board commits to abiding by all Ministry guidelines around safe schools

• It ensures each committee that has school safety as its mandate will have an OECTA rep

• The Board will report to OECTA, each semester, a report of all student suspensions and expulsions

Letter of UnderstandingLetter of UnderstandingAthletic Director ReviewAthletic Director Review

• At negotiations there was discussion to split the duties of the Phys Ed program head from those of the Athletic Director

• Creating a new position that was solely responsible for extra-curriculars was seen as problematic

• There was understanding this job must be made more manageable

• This promises that OECTA and the Board will study the tasks performed by the Phys Ed program head to determine ways to reduce the workload involved with the athletic director job and to implement those changes

Letter of UnderstandingLetter of UnderstandingAnnual Learning PlanAnnual Learning Plan

• This new letter defines the ALP as teacher directed and authored and done with consultation and in collaboration with the principal, to support the experienced teacher’s PD

• Teachers complete an ALP for the first time, when NTIP is completed

• Teachers must do an ALP annually• The ALP will be used in the year of appraisal and a meeting

will be required• In non-appraisal years, an interview between the teacher and

principal is not required but may be requested by either party• The ALP must be signed by teacher and principal• The ALP may be updated by the teacher whenever they wish

Letter of UnderstandingLetter of UnderstandingMentoringMentoring

•This letter of understanding defines the process for applying to become a mentor for an NTIP teacher and the relationship between the mentor and mentee•This letter also confirms the confidential nature of the relationship between the NTIP teacher and the mentor

Letter of UnderstandingLetter of UnderstandingBenefit ImprovementsBenefit Improvements

• This letter of understanding states that, in accordance with the PDT, benefits are status quo until Sept 1, 2010

• The government has promised to provide $33 milllion to improve benefits in 2010

• The Board will provide the Unit with the amount of money available for benefit improvements

• The Board will provide all information that would normally be required to get a quote from an insurance provider

• The Unit will, through discussion, inform the Board which improvements, that are affordable, teachers want improved

Occasional TeachersOccasional Teachers

All occasional teachers will have a Board email address

Documents

Waterloo Secondary Administration and Staff Rep Contract In-Service November 27, 2008