COLLECTIVE
AGREEMENT
Between
Durham Catholic District School Board
(hereinafter called the Board)
– and –
The Elementary Teachers Employed by
the Board Represented by
The Ontario English Catholic Teachers’
Association
(hereinafter called O.E.C.T.A.)
September 1, 2008 to August 31, 2012
TABLE OF CONTENTS
ARTICLE
SUBJECT
PAGE
INTRODUCTION. ................................................................................................... 1
1
RECOGNITION ...................................................................................................... 1-2
2
DURATION............................................................................................................. 2
3
TABLE OF SALARIES .......................................................................................... 2-5
3:01 Table of Salaries – Teachers........................................................................... 3-4
3:02 Pay Equity Agreement ......................................................................... 5
4
RESPONSIBILITY ALLOWANCES. ...................................................................... 6-10
4:01 Allowances:
• Consultants .................................................................................... 6
• Family of Schools Coordinators ...................................................... 6
• District Resource Teachers ............................................................ 6
• Salary & Allowance Protection ....................................................... 6-7
• Senior Teachers ............................................................................. 7
4:02 Other Allowances ................................................................................. 8
4:03 Conditions for Payment of Responsibility Allowance ........................... 8
4:04 Home Tutors ........................................................................................ 8-9
4:05 Elementary Continuing Education Courses, Programs or Classes ...... 9
4:06 Coordinator – Grade 7/8 Remedial Programs ...................................... 9-10
5
PROFESSIONAL IMPROVEMENT. ..................................................................... 10-12
5:01 Course Reimbursement and Conditions ............................................ 10-11
5:02 Board Joint Professional Development Committee ............................ 11-12
6
TRAVEL ............................................................................................................... 12
7
NEW POSITIONS AND VACANCIES .................................................................. 12-13
8
EXPERIENCE ...................................................................................................... 13
9
SALARY PAYMENTS AND ADJUSTMENTS ..................................................... 14-15
9:01 Payment ............................................................................................. 14
9:02 Salary Adjustments ............................................................................ 15
10
CUMULATIVE SICK LEAVE................................................................................ 15-17
10:01 Administration of the Plan ............................................................... 15-16
10:02 Sick Leave Credits. ......................................................................... 16
10:03 Medical Certificate .......................................................................... 17
TABLE OF CONTENTS (cont’d)
ARTICLE
SUBJECT
PAGE
11
LEAVES OF ABSENCE ..............................................................................................17-29
11:01 Pregnancy/Parental Leave, Adoption and Paternity Leave. ..................17
(1) Pregnancy/Parental Leave ..............................................................17
(2) Adoption Leave ...............................................................................17
(3) Paternity Leave ...............................................................................17
11:02 Leaves of Absence ................................................................................18-26
(1) Leave for Personal Reasons ...........................................................18
(3) Witness in Court ..............................................................................18
(4) Jury Duty .........................................................................................18
(5) Bereavement Leave ........................................................................19
(6) Academic Leave ..............................................................................19
(7) Miscarriage ......................................................................................19
(8) Quarantine Leave ............................................................................19
(9) Requests in Writing .........................................................................20
(10) Family Medical Leave ...................................................................20
(11) Deferred Salary Leave ..................................................................20-25
11:03 Federation Leaves of Absence ..............................................................27-29
(1) President’s Leave ............................................................................27
(2) Member Services Officer .................................................................27-28
(3) Durham Elementary Unit Leaves ....................................................28
(4) Association Representatives ...........................................................28-29
12
RETIREMENT AND GRATUITY ..................................................................................29-31
12:01 Retirement .............................................................................................29
12:02 Gratuity - Qualifications to Receive ....................................................30
- Grandparenting...................................................................30
- Gratuity Table .....................................................................30
- Payment .............................................................................31
13
TEACHER BENEFITS. ................................................................................................31-33
13:01 Extended Health Care Plan ...................................................................31
Group Term Life Insurance ....................................................................32
Dental Care Plan ...................................................................................32
13:02 Long Term Disability Plan ......................................................................32
13:03 Optional Insurance .................................................................................32
Dependent Life Insurance .....................................................................33
13:04 Part Time Teachers ...............................................................................33
13:05 Health Care Benefits for Retirees ..........................................................33
13:06 Spousal Benefits ....................................................................................33
14
STAFFING. ..................................................................................................................34-40
14:01 Staffing Formula .....................................................................................34-35
14:02 School Staffing .......................................................................................35-36
(1) Teacher-Librarian ............................................................................35
(2) Junior/Senior Kindergarten .............................................................35-36
(3) Teaching Load – French as a Second Language Teacher. ............36
(4) Teaching Load – Planning and Preparation Time Teacher ............36
14:03 Board Level Staffing Committee ............................................................37-38
14:04 Planning and Preparation Time .............................................................38-40
TABLE OF CONTENTS (cont’d)
ARTICLE
SUBJECT
PAGE
15
SUPERVISION ..................................................................................................... 40-41
16
SENIORITY .......................................................................................................... 41-47
16:01 Seniority .......................................................................................... 41-42
16:02 Redundancy and Recall .................................................................. 42-44
16:03 Surplus ............................................................................................ 44-47
17
JUST CAUSE ....................................................................................................... 47
18
GRIEVANCE PROCEDURE ................................................................................ 47-51
18:01 Filing Procedure .............................................................................. 47-48
18:02 Policy Group Grievance .................................................................. 48-49
18:03 Timelines ........................................................................................ 49
18:04 Board Grievance ............................................................................. 49
18:05 Arbitration ....................................................................................... 50-51
18:06 Miscellaneous ................................................................................. 51
19
HARASSMENT IN THE WORKPLACE ............................................................... 51
20
TERMINATION OF EMPLOYMENT .................................................................... 52
21
PROBATIONARY PERIOD .................................................................................. 52
22
INTERIM VICE PRINCIPAL ................................................................................. 52-53
23
TEACHER PERFORMANCE APPRAISALS. ...................................................... 53-55
23:01 Teacher Performance Appraisal for Experienced Teachers ........... 53-54
23:02 New Teacher Induction Program .................................................... 54-55
24
CRIMINAL BACKGROUND RECORDS. ............................................................. 55
25
POLICIES AND PROCEDURES .......................................................................... 55
26
PERSONNEL FILE. ............................................................................................. 56
27
DEFINITIONS AND INTERPRETATIONS. .......................................................... 56-57
27:01 Definition of Teachers ..................................................................... 56
27:02 Qualifications Evaluation Council of Ontario (QECO) ..................... 56
27:03 Interpretations ................................................................................. 57
SIGNATURES. ..................................................................................................... 58
LETTERS OF UNDERSTANDING/INTENT. ........................................................ 59-82
APPENDIX 1 - ELEMENTARY TEACHER TRANSFER PROCEDURES
DCDSB - OECTA Durham Elementary Teachers Unit
Collective Agreement 2008-2012
Page 1
COLLECTIVE AGREEMENT
between
Durham Catholic District School Board
(hereinafter called the “Board”)
– and –
The Ontario English Catholic Teachers’ Association,
Durham Elementary Unit
(hereinafter called “O.E.C.T.A.”)
INTRODUCTION
WHEREAS it is the common goal of the Board and O.E.C.T.A. to provide the best
possible educational service for the students of the Durham Catholic District school
system; and
WHEREAS to achieve that common goal it is essential that the Board and O.E.C.T.A.
maintain a harmonious relationship;
It is the desire and hope of the Board and O.E.C.T.A. that this Collective Agreement
will assist in bringing about this common goal.
The Durham Catholic District School Board and the OECTA Durham Elementary
Teacher Bargaining Unit are committed to improve student achievement, reduce gaps
in student outcomes and increase confidence in publicly funded education.
ARTICLE 1 – RECOGNITION
1:01
(a) The Board recognizes the local negotiating committee of O.E.C.T.A. as the
regular and official committee to negotiate on behalf of O.E.C.T.A.
(b) The Board recognizes the Grievance Committee of O.E.C.T.A. as the
official body representing grievances to the Board. Each party will notify
the other party of the membership of its Committee by September 30th
annually.
(c) O.E.C.T.A. is the exclusive bargaining agent for every Teacher (other than
Occasional Teachers, Principals and Vice Principals) who is assigned to
one or more elementary schools or who performs duties in respect of such
schools all or most of the time.
DCDSB - OECTA Durham Elementary Teachers Unit
Collective Agreement 2008-2012
Page 2
ARTICLE 1 – RECOGNITION (cont’d)
1:02
(a) This Collective Agreement is subject to the provisions of the Ontario Labour
Relations Act.
Where a conflict appears between a provision of this Agreement and a
provision of an Act or Regulation, the provisions of the Act or Regulation
shall prevail.
(b) The Board shall comply with the Ontario Health and Safety Act and the
Ontario Human Rights Code. Any alleged violation of any of these Acts
shall be dealt with pursuant to the enforcement mechanism outlined in the
Acts.
ARTICLE 2 – DURATION
2:01
This Collective Agreement shall have effect from September 1, 2008 and shall
continue to operate until August 31, 2012 and from year to year thereafter,
unless either party gives notice in writing to the other party within the period of
one hundred and fifty (150) days before the Collective Agreement ceases to
operate, of its desire to negotiate with a view of renewal, with or without
modifications, of the Collective Agreement then in operation.
2:02
During the term of this Collective Agreement, amendments to the Articles
defined herein shall be made only in writing and by mutual consent of the
parties to this Collective Agreement. The party wishing to negotiate
amendments must furnish the other party with written information concerning
the nature of any amendments it seeks at least one week prior to the date for
discussing such amendments.
ARTICLE 3 – TABLE OF SALARIES
All annual increments in this Agreement shall be based upon the completion of ten (10)
months of teaching and/or experience in an allowable area. The effective date for all
increments is to be September 1st. When teaching and/or experience in an allowable
area is less than ten (10) months, the increment shall be taken to the nearest tenth of a
year and prorated.
DCDSB - OECTA Durham Elementary Teachers Unit
Collective Agreement 2008-2012
Page 3
ARTICLE 3 – TABLE OF SALARIES (cont’d)
SEPTEMBER 1, 2008
Years of
Experience
0
1
2
3
4
5
6
7
8
9
10
11
Category
Category A1 Category A2 Category A3 Category A4
A
38,541
41,149
43,228
47,213
49,400
40,797
43,690
46,009
50,395
52,780
43,055
46,229
48,789
53,574
56,163
45,401
48,766
51,571
56,754
59,542
47,764
51,306
54,350
59,937
62,924
50,139
53,849
57,132
63,118
66,290
52,871
56,385
59,915
66,302
69,669
55,239
58,927
62,698
69,484
73,063
57,607
61,465
65,480
72,665
76,446
59,980
64,005
68,262
75,848
79,828
62,348
66,546
71,045
79,030
83,205
64,713
69,087
73,826
82,214
86,587
69,087
SEPTEMBER 1, 2009
Years of
Experience
0
1
2
3
4
5
6
7
8
9
10
11
Category
Category A1 Category A2 Category A3 Category A4
A
39,697
42,383
44,525
48,630
50,882
42,021
45,000
47,389
51,907
54,364
44,347
47,616
50,253
55,182
57,848
46,763
50,229
53,118
58,457
61,329
49,197
52,846
55,981
61,735
64,811
51,644
55,465
58,846
65,012
68,278
54,457
58,077
61,713
68,291
71,759
56,896
60,695
64,579
71,568
75,255
59,335
63,309
67,445
74,845
78,739
61,779
65,925
70,310
78,124
82,223
64,218
68,543
73,177
81,401
85,702
66,654
71,160
76,041
84,680
89,185
71,160
DCDSB - OECTA Durham Elementary Teachers Unit
Collective Agreement 2008-2012
Page 4
ARTICLE 3 – TABLE OF SALARIES (cont’d)
SEPTEMBER 1, 2010
Years of
Category A Category A1 Category A2 Category A3 Category A4
Experience
0
1
2
3
4
5
6
7
8
9
10
11
40,888
43,282
45,677
48,166
50,673
53,193
56,091
58,603
61,115
63,633
66,145
68,654
73,295
43,654
46,350
49,045
51,736
54,431
57,129
59,819
62,516
65,208
67,903
70,599
73,295
45,861
48,811
51,760
54,712
57,660
60,611
63,564
66,516
69,468
72,419
75,372
78,322
50,088
53,464
56,837
60,210
63,587
66,962
70,340
73,715
77,091
80,467
83,843
87,220
52,408
55,995
59,583
63,168
66,756
70,327
73,912
77,513
81,101
84,690
88,273
91,860
SEPTEMBER 1, 2011
Years of
Category A Category A1 Category A2 Category A3 Category A4
Experience
0
42,114
44,964
47,236
51,591
53,981
1
44,580
47,741
50,275
55,068
57,674
2
47,047
50,516
53,313
58,542
61,371
3
49,611
53,288
56,353
62,017
65,063
4
52,193
56,064
59,390
65,494
68,758
5
54,789
58,843
62,430
68,971
72,437
6
57,773
61,614
65,471
72,450
76,129
7
60,361
64,391
68,512
75,927
79,838
8
62,949
67,165
71,552
79,404
83,534
9
65,542
69,940
74,592
82,881
87,230
10
68,129
72,717
77,633
86,358
90,921
11
70,713
75,494
80,672
89,837
94,616
75,494
DCDSB - OECTA Durham Elementary Teachers Unit
Collective Agreement 2008-2012
Page 5
ARTICLE 3 – TABLE OF SALARIES (cont’d)
3:02
Pay Equity Agreement
A Teacher in Level “A” shall not move beyond the penultimate experience step
of Level “A” except as follows:
(1) A Teacher who has, under the terms of the Board’s Collective Agreement,
qualified to move to Category A1, A2, A3 or A4 shall do so; or
(2) A Teacher who has successfully completed the course requirements listed
in (a), (b) or (c) below shall move to the maximum of Category A on
September 1st provided course requirements are completed prior to
September 1st. No acceptable course shall be included which has been
used in any way whatsoever by the Teacher for a category ranking or other
salary purpose under the terms of the Board’s Collective Agreement.
Movement shall take place as follows:
(a) In the case of a Teacher qualified in accordance with the Board’s
Collective Agreement to be placed in Category B, five (5) acceptable
courses at least four (4) of which must have been completed since
January 1, 1990.
(b) In the case of a Teacher qualified in accordance with the Board’s
Collective Agreement to be placed in Category C, seven (7) acceptable
courses at least five (5) of which must have been completed since
January 1, 1990.
(c) In the case of a Teacher qualified in accordance with the Board’s
Collective Agreement to be placed in Category D, nine (9) acceptable
courses at least six (6) of which must have been completed since
January 1, 1990.
(3) Acceptable courses shall be defined as university courses, Ontario Ministry
of Education and Training courses, certificates or diplomas used for
category placement under the terms of the Board’s Agreement.
DCDSB - OECTA Durham Elementary Teachers Unit
Collective Agreement 2008-2012
Page 6
ARTICLE 4 – RESPONSIBILITY ALLOWANCES
4:01
(1) Consultants
A Consultant is a Teacher responsible for a designated area of program or
support service offered by this Board to its students. The Consultant shall
be paid a basic allowance of seven percent (7%) of Category A4 per
annum maximum and shall receive annual increments to a maximum of
three (3) for experience in the Consultant’s role. Each increment shall be
one and one-half percent (1.5%) of the Category A4 per annum maximum.
(2) Family of Schools Co-ordinator
A Family of Schools Co-ordinator is a Teacher who co-ordinates the
activities of the Student Services Team for a Family of Schools. The
Family of Schools Co-ordinator shall be paid a basic allowance of seven
percent (7%) of Category A4 per annum maximum and shall receive annual
increments to a maximum of three (3) for experience in the Family of
School Co-ordinator’s role. Each increment shall be one and one-half
percent (1.5%) of the Category A4 per annum maximum.
(3) District Resource Teachers
A District Resource Teacher is a Teacher who is seconded from the system
for a period of two (2) years, and who provides expertise in a specific area.
This Teacher will be responsible to the Director or designate and will
receive an allowance of $2,827 effective September 1, 2008; $2,912
effective September 1, 2009; $3,000 effective September 1, 2010; and
$3,090 effective September 1, 2011 pro-rated on a daily basis. Clause
4:01(4) of the Collective Agreement does not apply to this position.
(4) Salary and Allowance Protection
Teachers covered by this Collective Agreement who are receiving a
Consultant’s or a Family of Schools Co-ordinator’s allowance shall receive
salary or allowance protection according to the following Schedule when a
change in position or responsibility results from re-assignment to a
classroom or to any other position of responsibility.
DCDSB - OECTA Durham Elementary Teachers Unit
Collective Agreement 2008-2012
Page 7
ARTICLE 4 – RESPONSIBILITY ALLOWANCES (cont’d)
4:01(4) Salary and Allowance Protection (cont’d)
Schedule
Consultants, Family of Schools Co-ordinators:
Allowance Protection does not extend beyond the term of appointment and
is effective on the date of change in position or responsibility.
Year One
Year Two
Year Three
100% of allowance shall be paid;
50% of allowance shall be paid;
25% of allowance shall be paid.
NOTE: This Clause and Schedule does not apply if the Teacher has
requested re-assignment, the transfer has resulted from unsatisfactory
performance of duty or the Teacher has been demoted for just cause.
(5) Senior Teachers
(a)
In September of each year provision for a Senior Teacher shall be
made in each school. One or more people may be included in this
provision.
(b)
When a Teacher, by mutual consent, is appointed by the Board to
assume extra responsibility as a Senior Teacher during the
authorized absence of the Principal, and if applicable, the Vice
Principal then this Teacher shall receive a per diem allowance of
$50.19 effective September 1, 2008 prorated for part of a day.
Effective January 1, 2009, the per diem allowance shall be
eliminated.
An Occasional Teacher will be assigned by the Family of Schools
Superintendent to replace a Senior Teacher due to the authorized
absence of a Principal of more than one half (1/2) day.
(c) Article 4:01(4) shall not apply to this position.
DCDSB - OECTA Durham Elementary Teachers Unit
Collective Agreement 2008-2012
Page 8
ARTICLE 4 – RESPONSIBILITY ALLOWANCES (cont’d)
4:02
Other Allowances
Allowances for Additional Qualification courses will be granted for Special
Education, Guidance, F.S.L. and E.S.L., provided they have not been used for
category placement.
September 1/08 September 1/09 September 1/10 September 1/11
Part 1
$
309.00 $
318.27 $
327.82 $
337.65
Part 2
$
618.00 $
636.54 $
655.64 $
675.31
Specialist $
927.00 $
954.81 $
983.45 $
1,012.96
4:03
Conditions For Payment Of Responsibility Allowance
Allowance for responsibility of District Resource Teachers, or for Special
Education, Guidance, French, or English as a Second Language shall be given
to Teachers who are qualified as per the Education Act and designated in
writing by the Board to teach in these specific areas and shall be prorated in
accordance with the amount of time assigned in that subject area.
A Teacher eligible for more than one allowance shall receive only the
greater/greatest of such allowances, with the exception that a Teacher receiving
an allowance payable under Article 4:02 may also receive an allowance
payable under Article 4:01(5).
4:04
Home Tutors
(a) Definition
“Home Tutor Teacher” means a Teacher employed to teach an individual
student, who because of circumstances, is unable to attend his/her
scheduled classes during the regular school day. Such employment shall
take place outside of the Teacher’s instructional day.
(b) Assignment of Home Tutor Teachers
Upon notification of a need for a Home Tutor Teacher, the order of offer of
the assignment shall be:
1. The Teacher currently assigned to the student’s class.
2. Other qualified Teachers within the school.
3. Other qualified Teachers within the Bargaining Unit.
DCDSB - OECTA Durham Elementary Teachers Unit
Collective Agreement 2008-2012
Page 9
ARTICLE 4 – RESPONSIBILITY ALLOWANCES (cont’d)
4:04
Home Tutors (cont’d)
(b) Assignment of Home Tutor Teachers (cont’d)
Pay rate shall be:
$41.77 per hour effective September 1, 2008;
$43.02 per hour effective September 1, 2009;
$44.31 per hour effective September 1, 2010; and
$45.64 per hour effective September 1, 2011.
4:05
Elementary Continuing Education Courses, Programs or Classes
(1) The parties agree that all rights and privileges for Continuing Education
Teachers teaching Elementary Continuing Education courses are
contained in this Article.
(2) All positions shall be posted internally and in filling positions the Board shall
hire qualified Teachers employed under this Collective Agreement. If there
are no qualified applicants, the Board reserves the right to hire externally.
(3) The hourly rate of pay for Continuing Education Teachers teaching a credit
course shall be:
$41.77 per hour effective September 1, 2008;
$43.02 per hour effective September 1, 2009;
$44.31 per hour effective September 1, 2010; and
$45.64 per hour effective September 1, 2011.
(4) The hourly rate of pay is based only on scheduled classroom teaching
hours.
4:06
Coordinator – Grade 7/8 Remedial Programs
Upon completion of the term or where a vacancy arises, (e.g. resignation) for
the position of Coordinator – Grade 7/8 Remedial Programs, the position will be
posted and the candidate shall be a member of the OECTA Durham
Elementary Unit and hold intermediate qualifications. If there are no qualified
applicants, the Board reserves the right to repost the position or post externally.
DCDSB - OECTA Durham Elementary Teachers Unit
Collective Agreement 2008-2012
Page 10
ARTICLE 4 – RESPONSIBILITY ALLOWANCES (cont’d)
4:06 Coordinator – Grade 7/8 Remedial Programs (cont’d)
The Coordinator – Grade 7/8 Remedial Programs will be paid:
ƒ an hourly rate of $41.77 per hour of
day effective September 1, 2008;
ƒ an hourly rate of $43.02 per hour of
day effective September 1, 2009;
ƒ an hourly rate of $44.31 per hour of
day effective September 1, 2010; and
ƒ an hourly rate of $45.64 per hour of
day effective September 1, 2011.
instructional time plus $31.08 per
instructional time plus $32.01 per
instructional time plus $32.97 per
instructional time plus $33.96 per
ARTICLE 5 – PROFESSIONAL IMPROVEMENT
5:01
(1) Course Reimbursement
The Board shall reimburse Teachers as follows:
(a) seventy-five percent (75%) of the tuition fees if travelling outside
Durham Region or county of residence; or
(b) fifty percent (50%) of tuition fees if travelling within Durham Region or
county of residence;
to take recognized additional
undergraduate university courses.
qualifications
courses
and/or
The application percentage will be payable on the successful completion of
the course(s).
(2) Conditions
(a) With the exception of Religious Education Part I, the Teacher must
have been employed by the Board for one teaching year (10 months)
and will agree to remain in the employ of the Board for a minimum of
one year following the completion of the course(s).
(b) The maximum number of courses to be reimbursed shall be two (2) full
credit or four (4) half credit courses in any year (July 1st – June 30th).
DCDSB - OECTA Durham Elementary Teachers Unit
Collective Agreement 2008-2012
Page 11
ARTICLE 5 – PROFESSIONAL IMPROVEMENT (cont’d)
5:01(2) Conditions (cont’d)
(c) The reimbursement must be for course(s) taken during the same time
period as in (b) above.
(d) In any school year, the maximum reimbursement shall be $195 or
$250 for any courses mandated by the Board.
(e) Application for reimbursement must be submitted within 120 days of
the completion of the course.
5:02
Board Joint Professional Development Committee
As soon as practically possible after ratification of this Collective Agreement,
the Joint Professional Development Committee shall be established. It will
consist of three (3) representatives appointed by the Board and three (3)
representatives appointed by the Durham Elementary OECTA bargaining unit.
Other appropriate resource staff may be appointed through mutual agreement.
The committee shall meet as mutually agreed upon by the parties, but not less
than, once per term during the school year.
The Joint Professional Development Committee shall have a mandate to:
ƒ Advise on the professional learning and activities organized for
Teachers during professional activity days which are consistent with the
learning goals identified in the Teachers’ Annual Learning Plans;
ƒ Advise on the dates to be scheduled for reporting;
ƒ Identify dates for all Professional Activity Days and recommend such
dates to the Board’s School Year Calendar Committee;
ƒ Promote and monitor the implementation of best practices which sustain
a successful Catholic Professional Learning Community;
ƒ Consult and advise on the allocation of the funding generated in the
Pupil Foundation Grants in 2009-2010, 2010-2011, 2011-2012 as per
the PDT for the purposes of enhancing professional development
opportunities for elementary Teachers.
DCDSB - OECTA Durham Elementary Teachers Unit
Collective Agreement 2008-2012
Page 12
ARTICLE 5 – PROFESSIONAL IMPROVEMENT (cont’d)
5:02
Board Joint Professional Development Committee (cont’d)
The parties agree that:
1. valuable professional development is job-embedded, and informed by
research and done in partnership with colleagues;
2. the success of a Catholic Professional Learning Community (CPLC)
depends largely on the environment and the climate in which it is set up;
3. CPLC’s are most effective when the atmosphere within a school
promotes a focus on learning, collegiality, respect for professionalism, a
commitment to continuous learning, collective inquiry into best practice,
innovation and experimentation to improve teaching and student
learning;
Teacher’s Annual Learning Plan will inform the Professional Learning
opportunities funded through this allocation as well as the CPLC.
ARTICLE 6 – TRAVEL
6:01
(1) Any Teacher covered by this Collective Agreement, authorized by the
Director or designate to travel as part of their job, shall be paid a travelling
allowance per kilometre as per Board policy.
(2) For Teachers employed as Consultants, Family of Schools Co-ordinators,
Itinerant Teachers and Resource Teachers, the Board will pay a basic
monthly travel allowance of ninety dollars ($90) plus a travelling allowance
(per kilometre) as per Board policy. This kilometre allowance is for all
kilometres in excess of 161 kilometres driven in any one month.
(3) NOTE: In the event of a new Board Policy resulting in an increase, the new
Board Policy shall become an addendum to this Collective Agreement.
ARTICLE 7 – NEW POSITIONS AND VACANCIES
7:01
(1) Although it is understood that the Board has the sole right to create or
designate a new position to be filled by a Teacher who comes within the
scope of this Collective Agreement, it is agreed that the Board shall consult
with OECTA prior to the creation or designation of the new position.
DCDSB - OECTA Durham Elementary Teachers Unit
Collective Agreement 2008-2012
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ARTICLE 7 – NEW POSITIONS AND VACANCIES (cont’d)
7:01(1) (cont’d)
Additional allowances, if any, for such a position shall be subject to
negotiations between the parties. If the parties fail to agree on the
allowance, the Board shall post and fill the position. Either party has the
option to submit the dispute about the allowance to arbitration pursuant to
Article 18:05.
(2) All vacancies for Consultant, Family of Schools Co-ordinator, District
Resource Teacher and any other new position of responsibility shall be
posted in all schools for a period of five (5) days after which time it may be
simultaneously advertised externally.
(3) All classroom Teacher vacancies shall be posted in accordance with the
Elementary School Teacher Transfer Policy Guidelines and Procedures
(Addendum attached).
ARTICLE 8 – EXPERIENCE
8:01
(1) Experience is interpreted as qualified teaching experience in a publicly
funded school Board or private school.
(2) Prior experience in a publicly funded school board or a private school in
any position recognized by the Board, shall be recognized for the purpose
of grid placement and payment of allowance.
(3) Teachers who teach other than full time shall have their teaching
experience pro-rated to the amount of time they teach.
(4) A Teacher may receive an allowance of one (1) year of teaching
experience to each year of trade related experience. The salary and
allowance shall not exceed the maximum salary for a Teacher’s category.
Recognition of related trade experience shall be subject to the approval of
the Director of Education or designate.
DCDSB - OECTA Durham Elementary Teachers Unit
Collective Agreement 2008-2012
Page 14
ARTICLE 9 – SALARY PAYMENTS AND ADJUSTMENTS
9:01
Payment
(1) (a) Salary shall be paid on the basis of 1/26 x applicable yearly salary and
allowance except that the final cheque in June shall include all monies
owing to Teachers under the Collective Agreement in the school year.
(b) Pay day shall be every second Thursday or the preceding day in case
Thursday is a statutory holiday, commencing with the first teaching
Thursday in September. The final pay day will be not later than the
last school day which is a Thursday in June.
(c) In the event a regularly scheduled pay falls during the Christmas
and/or Winter Break, the pay shall be received on or before the
Thursday preceding that break and will be dated for the last school day
preceding the break.
(d) A Teacher is entitled to be paid his or her salary in the proportion to
which the number of school days on which the Teacher performs his or
her duties bears to the number of school days in the school year.
(2) (a) The Teachers’ Federation fees as prescribed annually shall be
deducted from the Teachers’ salaries on the first two (2) pay periods of
each month and shall be paid to O.E.C.T.A. Provincial Office.
(b) The Board shall deduct the O.E.C.T.A. levy of $3.50 from each pay
and remit the amount collected to the Local Bargaining Unit quarterly.
(3) The Board will have its banking firm deposit the pay of each Teacher in an
account designated by the Teacher. On or before each scheduled pay day,
every Teacher shall receive an itemized statement of deductions. The
statements/cheques will be addressed individually and sealed.
(4) The Board shall deduct the College of Teachers fee from the Teacher’s
salary in equal instalments beginning with the first pay in September and
concluding prior to January in each school year.
DCDSB - OECTA Durham Elementary Teachers Unit
Collective Agreement 2008-2012
Page 15
ARTICLE 9 – SALARY PAYMENTS AND ADJUSTMENTS (cont’d)
9:02
Salary Adjustments
(1) Any increase in salary by reason of improved qualifications shall be
effective for salary purposes September 1st in the calendar year in which
proof of documentation is registered at the Office of the Director, provided
qualifications have been completed by September 1st.
(2) It is the responsibility of the Teacher to bring to the attention of the Office of
the Director any improvements in qualifications for salary purposes.
Allowances for improved qualifications shall not be retroactive beyond
September 1st of the current year.
(3) In the event of a delay by Q.E.C.O. in filling requests for evaluation, the
following procedures shall apply:
(a) All candidates must submit to the Office of the Director, on or before
December 31st, proof that they have applied to Q.E.C.O. for a
Statement of Evaluation prior to December 15th.
(b) All candidates must submit their Q.E.C.O. Statement of Evaluation,
Program 5, verifying the level change immediately upon receipt of
same and not later than April 1st. Payment will not begin until the
Statement of Evaluation from Q.E.C.O. has been received.
(4) A newly hired Teacher to the Board, awaiting accreditation from the Ontario
College of Teachers (O.C.T.), shall submit the Q.E.C.O. evaluation
statement upon receipt and in any event, no later than May 31st in the
school year in which the Teacher was hired. If the Q.E.C.O. evaluation
statement is submitted on or before May 31st, it shall be recognized to the
date of hire in that school year.
ARTICLE 10 – CUMULATIVE SICK LEAVE
10:01 Administration of the Plan
(1) The Board shall administer all things necessary for the conduct of the sick
leave credit system in accordance with current legislation.
(2) The Board shall keep a register or registers in which shall be entered the
credits, the accumulated credits and the deductions therefrom.
DCDSB - OECTA Durham Elementary Teachers Unit
Collective Agreement 2008-2012
Page 16
ARTICLE 10 – CUMULATIVE SICK LEAVE (cont’d)
10:01 Administration of the Plan (cont’d)
(3) The Board shall provide each Teacher, on or before December 15th of each
year, with a written statement which shall include the number of
accumulated sick day credits as of the previous June 30, and the number
of sick day credits deducted during the previous year.
(4) Pay deductions due to absence not covered by the sick leave plan shall be
calculated on the basis of the Teacher’s daily salary.
10:02 Sick Leave Credits
(1) Each eligible Teacher shall be entitled to have one hundred percent (100%)
of the unused portion of the annual sick leave of twenty (20) days
transferred annually to the Teacher’s accumulated sick leave credit. This
credit shall not exceed a maximum of two hundred and forty (240) days.
(2) Where a Teacher commences full-time teaching after September 1st in any
year, the Sick Leave to which the employee is entitled shall be pro-rated in
accordance with the ratio of days taught to one year of employment.
(3) Where a Teacher commences teaching after September 1st in any year as
a part-time Teacher, the Sick Leave to which the Teacher is entitled shall
be pro-rated in accordance with the ratio of time taught, equated to whole
teaching days, to one full year of employment.
(4) After the Sick Leave of twenty (20) days for full-time Teachers, or ten (10)
days in the case of half-time Teachers, has been used in any school year,
each eligible Teacher shall receive her/his salary, as per this collective
agreement, for absences caused by sickness, disability, and other reasons
as agreed between the Teachers and the Board, pro-rated for part-time
Teachers, up to the number of accumulated sick leave days.
(5) If, because of absence, a Teacher’s Cumulative Sick Leave Credit has
been reduced, it may be built up again in subsequent years.
(6) A Teacher who has participated in a cumulative sick leave plan with
another Ontario School Board shall be credited with the number of unused
sick days earned with the other Board (to a maximum of 240 days) when
hired by this Board.
DCDSB - OECTA Durham Elementary Teachers Unit
Collective Agreement 2008-2012
Page 17
ARTICLE 10 – CUMULATIVE SICK LEAVE (cont’d)
10:03 Medical Certificate
(1) The Board may require a Teacher to submit a certificate from a qualified
medical practitioner for more than three (3) consecutive days of absence
due to illness.
(2) The Board may require a Teacher to submit a certificate from a qualified
medical practitioner for any absence due to illness if deemed necessary by
the Teacher’s past attendance record. Teachers required to provide such
proof of illness will be informed in advance. Such notification must be
made in writing.
ARTICLE 11 – LEAVES OF ABSENCE
11:01 (1) Pregnancy/Parental Leave
(a)
The intent of this section is to conform with the Employment
Standards Act, 2000. The Board, if requested, shall grant a
pregnancy or parental leave to a Teacher, not to exceed two (2)
years. During the statutory portion of the Pregnancy and Parental
leave, the Board shall continue to pay premium costs for Teacher
Benefits pursuant to Article 13:01.
(b)
The Board shall provide for Teachers on pregnancy/parental leave a
supplementary employment benefit plan which provides a payment of
seventy percent (70%) of salary for the two week waiting period.
Such a plan shall be registered with, and approved by, Service
Canada.
(2) Adoption
A Teacher shall be granted leave without deduction from salary to a
maximum of two (2) days for needs related to the legal adoption of the
Teacher’s child.
(3) Paternity Leave
A Teacher shall be granted a leave without deduction from salary of two (2)
days related to the birth of his child.
DCDSB - OECTA Durham Elementary Teachers Unit
Collective Agreement 2008-2012
Page 18
ARTICLE 11 – LEAVES OF ABSENCE (cont’d)
11:02 Leaves Of Absence
(1) Leave for Personal Reasons
(a)
Upon the approval of the Principal (or designate), a leave of absence
for personal reasons shall be granted for a maximum of one (1)
working day per school year without loss of pay, but with deduction
from sick leave credits. Such leave may be taken as whole or half
days. Such leave shall not extend a long weekend, March Break or
Christmas Break and shall not be taken on a Professional Activity
Day.
(b)
The Director or designate may grant a leave of absence from two (2)
to ten (10) days with or without pay to a Teacher required to be
absent for personal reasons. Such leave shall not be contingent
upon the Teacher arranging internal coverage.
(2) The Director may grant a leave of absence without pay for periods of time
in excess of ten (10) working days but not exceeding one (1) year to
Teachers with permanent status with the Board.
(3) Witness in Court
The Board shall grant a leave of absence where a Teacher is summoned
as a witness in court, provided the Teacher is neither the plaintiff nor the
defendant in the action. The Teacher shall receive full salary from the
Board and turn over to the Board all monies received from the court as
witness fees.
(4) Jury Duty
The Teacher shall receive full salary from the Board and shall turn over to
the Board all monies received as jury fees.
DCDSB - OECTA Durham Elementary Teachers Unit
Collective Agreement 2008-2012
Page 19
ARTICLE 11 – LEAVES OF ABSENCE (cont’d)
11:02 Leaves Of Absence (cont’d)
(5) Bereavement/Compassionate Leave
(a)
A Teacher shall be entitled to a leave of absence with pay and no
deduction of sick leave credits up to a maximum of five (5) working
days for the purpose of attending or arranging a funeral in the
immediate family. The immediate family shall be defined as spouse,
parent, child, brother, sister, guardian or a person who stands “in loco
parentis”.
(b)
A Teacher shall be entitled to a leave of absence with pay and no
deduction of sick leave credits up to a maximum of three (3) working
days for the purpose of attending or arranging a funeral for a fatherin-law, mother-in-law, daughter-in-law, son-in-law, sister-in-law,
brother-in-law, grandparent or grandchild.
(c)
Subject to the approval of the Principal, a leave of absence for a full
or partial day shall be granted for the purpose of attending the funeral
of a relative other than those listed in (a) or (b) above.
(6) Academic Leave
The Board shall grant a leave of absence to the Teacher to be absent for
professional purposes approved by the Board including examinations and
the Teacher’s graduation.
(7) Miscarriage
Absence for up to five (5) days due to a doctor’s certified miscarriage shall
be considered a paid leave.
(8) Quarantine Leave
In any case where, because of exposure to a communicable disease, a
Teacher is quarantined by order of the medical health authorities in
attending to her/his duties, the Teacher shall not lose pay, benefits or sick
leave as a result of being quarantined.
DCDSB - OECTA Durham Elementary Teachers Unit
Collective Agreement 2008-2012
Page 20
ARTICLE 11 – LEAVES OF ABSENCE (cont’d)
11:02 Leaves Of Absence (cont’d)
(9) Requests to be in Writing, where possible
Where possible, requests for leave of absence that require Board approval
will be submitted, in writing, to the Director one (1) week prior to the date of
a Board Meeting.
(10) Family Medical Leave
A leave for the purpose of caring for or supporting a family member who is
gravely ill shall be granted in accordance with the terms of the Employment
Standards Act, 2000.
(11) DEFERRED SALARY LEAVE PLAN
The Deferred Salary Leave Plan has been developed to afford Teachers
the opportunity of taking a one year leave of absence, and through deferral,
finance the leave. All terms and conditions must comply with the current
Income Tax Regulations.
(1)
Qualifications
Any Teacher who is a full-time or part-time staff member, with
permanent status with the Board and who has completed at least five
(5) years teaching for the Board, may apply to participate in such
Plan. A Teacher may take more than one Deferred Salary Leave in a
career.
(2)
Application
A Teacher wishing to participate in such Plan shall apply in writing to
the Director on or before February 1st to participate in the Plan
commencing the following September 1st. Written acceptance or
denial of the Teacher’s request will be forwarded to the Teacher by
May 1st in the school year the original request is made.
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Collective Agreement 2008-2012
Page 21
ARTICLE 11 – LEAVES OF ABSENCE (cont’d)
11:02(11) DEFERRED SALARY LEAVE PLAN (cont’d)
(3)
Condition
(a) The leave of absence will be taken in the final year of the Plan.
The Teacher must return to the employ of the Board for at least
one year after the leave.
(b) During the year of the leave, the Teacher may not be employed
in any other capacity by the Board during the school year.
(4)
Selection
Application for such leave shall be forwarded to the Teacher’s
Superintendent and shall then be reviewed by the Special Leave
Committee comprised of equal numbers of the Teachers and of the
Board’s administrative officials.
Consideration shall be given to applications for personal reasons
such as study, travel, parenting and regeneration with special
consideration to be given to teaching experience.
The committee will recommend to the Board which ten (10)
applicants may use the Deferred Salary Leave Plan, commencing
September 1st. Approval to participate in the Plan rests solely with
the Board.
The OECTA Durham Elementary Teachers Bargaining Unit will
appoint Teachers to serve on the Special Leave Committee.
(5)
Salary Formula
The leave will be financed by spreading “n” years salary payments
over an “n” plus one period. “n” is not to exceed four (4) years. The
leave of absence must be taken in the final year of the Plan. A
maximum deferral under the Income Tax Act in any given year is
33⅓.
DCDSB - OECTA Durham Elementary Teachers Unit
Collective Agreement 2008-2012
Page 22
ARTICLE 11 – LEAVES OF ABSENCE (cont’d)
11:02(11) DEFERRED SALARY LEAVE PLAN (cont’d)
(a) In all the years of the Plan, commencing September next
following approval, the Teacher shall be paid a percentage of the
salary and allowances to which the Teacher is otherwise entitled.
(b) The remaining percentage of such salary and allowances shall
be retained by the Board and accumulated with interest credited
thereon at the rate payable from time to time by the bank or other
Canadian savings institutions on Daily Interest Savings Accounts
and compounded daily.
(c) The leave of absence shall commence on September 1st of the
final year from the commencement of the Teacher’s participation
in the Plan.
(d) The Board pays the Teacher all the funds accumulated pursuant
to (b) in instalments as per the regular pay schedule.
(e) Interest earned on the deferred amounts must be paid to the
Teacher in the taxation year in which it is earned. These
amounts are to be treated as employment income for the
purpose of the Income Tax Act and shall be paid by December
31st in each year.
(6)
Teacher Benefits
Teachers enrolled in the Plan shall pay the full share of premium
costs for Teacher benefits during the year of the leave.
(7)
Sick Leave Credits
The Teacher shall not be entitled to any sick leave credits during the
period of such leave but upon return from leave shall be entitled to
any unused sick leave credits accumulated prior to taking such leave.
DCDSB - OECTA Durham Elementary Teachers Unit
Collective Agreement 2008-2012
Page 23
ARTICLE 11 – LEAVES OF ABSENCE (cont’d)
11:02(11) DEFERRED SALARY LEAVE PLAN (cont’d)
(8)
Seniority
During such leave, the Teacher’s seniority shall accumulate;
however, for the purpose of Article III, the period of such leave shall
not be regarded as experience.
(9)
Retirement Gratuity
The year of leave shall not be calculated in the determination of any
retirement gratuity.
(10) Reinstatement
On return from the leave, the Teacher shall be reinstated to a position
which is equivalent to that held at the commencement of the leave.
Participants in the Plan:
(a) are eligible to apply for a position of responsibility and to assume
the position once participation in the Plan is concluded; and
(b) may request a change from part-time to full-time teaching
position or vice-versa and, if approved, may assume that position
once participation in the Plan is concluded.
(11) Pension
Contributions to the Teachers’ Pension Plan while enrolled in the
Deferred Salary Leave Plan will be based on the salary the Teacher
would have earned had they not been participating in the Plan
(Pension Bulletin 92-04).
DCDSB - OECTA Durham Elementary Teachers Unit
Collective Agreement 2008-2012
Page 24
ARTICLE 11 – LEAVES OF ABSENCE (cont’d)
11:02(11) DEFERRED SALARY LEAVE PLAN (cont’d)
(12) Income Tax
Income Tax shall be deducted in accordance with applicable
legislation.
Any Teacher entering the Plan will be subject to tax in each year of
the Plan only on the amount of income actually received in the year.
The interest referred to in “Salary Formula” sections (b) and (d), when
paid, will be viewed as normal remuneration in the hands of the
Teacher and not as interest income, and the tax to be withheld by the
Board shall be based on the amount actually paid to the Teacher.
(13) Delay, Withdrawal, Redundancy and Death
(a) A Teacher declared surplus under Article 16:03, or who leaves
active employment with the Board while participating in the Plan,
must withdraw therefrom. The Teacher shall then be paid within
sixty (60) days a lump sum equal to the contributions plus
interest accrued to date of the withdrawal.
(b) If a Teacher retires, is dismissed, or terminated, or otherwise
leaves active employment with the Board while participating in
the Plan, the Teacher shall be paid such lump sum and interest
accrued up to the date of the Teacher’s death, retirement,
dismissal, termination or leaving, as the case may be.
In the event of the death of the Teacher while participating in the
Plan, the Teacher’s estate shall be paid such lump sum and
interest as accrued up to the date of the Teacher’s death.
(c) A participating Teacher may not withdraw from the Plan except in
extenuating circumstances. Such Teacher may withdraw from
the Plan with the consent of the Board, upon giving not less than
six (6) months notice of intent. Within sixty (60) days of
such
withdrawal, the Board shall pay to the Teacher the deferred
compensation amount.
DCDSB - OECTA Durham Elementary Teachers Unit
Collective Agreement 2008-2012
Page 25
ARTICLE 11 – LEAVES OF ABSENCE (cont’d)
11:02(11) DEFERRED SALARY LEAVE PLAN (cont’d)
(d) A participating Teacher who withdraws from the Plan under (b)
and/or (c) shall receive the sum accumulated in the trust
including accrued interest. Subject to applicable Income Tax
legislation, payout will be within one (1) year of withdrawal from
the Plan or as arranged to the mutual satisfaction of the Board
and the Teacher.
(e) The leave of absence may, with the consent of the Board, be
postponed for a period of one (1) year. The postponement will
not move the commencement of the leave beyond six (6) years
from the date of enrolment in the Plan.
(f) The Teacher may, on one occasion while participating in the
Plan, give notice to the Board stating a desire to suspend
participation in the Plan for a period of twelve (12) months as at
the anniversary date of enrolment in the Plan. The deferred
compensation shall continue to be held by the Board until the
Teacher takes the leave of absence.
(14) Contract
A Teacher accepted for a Deferred Salary Leave Plan shall sign a
contract using a format similar to the example on the next page.
(15) Notification
The Board will inform the OECTA Durham Elementary Teacher
Bargaining Unit of the names of members in the Plan and their year
of participation.
DCDSB - OECTA Durham Elementary Teachers Unit
Collective Agreement 2008-2012
Page 26
SAMPLE
DURHAM CATHOLIC DISTRICT SCHOOL BOARD
Agreement of Deferred Salary Leave
Teacher: ___________________
Year of Leave: _______________________
Enrolment Date: _______________________
Having read the terms and conditions of the Durham Catholic District School Board’s Deferred Early Leave
Plan, the Teacher agrees:
To enter the Plan under the terms and conditions as outlined in the Teacher-Board Collective
Agreement in operation during each year of the Deferred Salary Leave Plan.
It is agreed by the Teacher and the Board that:
1. In each year of the _____ period commencing September 1, 20__, the Teacher shall receive on each
payday ______ percent of the gross bi-weekly salary and allowance to which the Teacher is entitled in
accordance with the Collective Agreement, less applicable statutory deductions and deductions for
benefits.
2. During the same period, the remaining percentage of the Teacher’s gross bi-weekly salary and allowance
shall be deposited on each payday in a separate daily interest savings account, in the name of the Durham
Catholic District School Board, in trust.
3. All interest earned on monies deposited shall be credited to the account.
4. At the end of each school year the Teacher shall be issued a statement showing all deposits and interest
earned during the preceding twelve month period and the balance of the account at the end of the period.
5. Prior to commencement of the leave, the Teacher must inform the Board which of the following payment
methods will be selected for that year:
(1) Payment in one lump sum, on September 1st, of all the monies in the savings account on that date, less
all applicable deductions; or
(2) Payment on each payday, in lieu of salary, of an amount calculated by dividing the balance of the
account on September 1st by the number of paydays in the school year, reduced by applicable statutory
deductions and deductions for benefits. Such payments shall be charged to the account on the day
payment is made. Interest earned during the final year of the leave shall be included on the final
cheque.
6.
All inquiries concerning the Plan and the bank account shall be directed to the Board’s Payroll
Department.
Dated at Oshawa, Ontario this _________ day of _________________, 200
Signature of Teacher
4763
_.
___________________________________
For the Durham Catholic District School Board
DCDSB - OECTA Durham Elementary Teachers Unit
Collective Agreement 2008-2012
Page 27
ARTICLE 11 - LEAVES OF ABSENCE (cont’d)
11:03 Federation Leaves of Absence
(1) President’s Leave
The President of the Local Unit of O.E.C.T.A. shall be entitled to a leave of
absence on a full-time basis subject to the following conditions:
(a)
Such leave shall be subject to prior arrangements with the Director
and the availability of a suitable Teacher to replace the Teacher
involved.
(b)
Such leave shall be subject to the Teacher relinquishing a position of
responsibility for the duration of the leave.
(c)
The Local Unit of O.E.C.T.A. shall reimburse the Board for the cost of
the Teacher’s salary (including any responsibility allowances) and
premium contributions for Teacher benefits for the period of leave.
(d)
Subject to the terms and conditions of the Agreement then in effect,
the Teacher will be assigned, at the end of the leave, to the position
previously held.
(2) Leave for Member Services Officer
The Member Services Officer will be granted a one hundred percent
(100%) leave subject to the following conditions:
(a)
Such a leave shall be subject to prior arrangements with the Director.
(b)
Such leave shall be subject to the Teacher relinquishing a position of
responsibility for the duration of the leave.
(c)
The local unit of O.E.C.T.A. shall reimburse the Board for the cost of
the Teacher’s salary (including any responsibility allowances) and
premium contributions for Teacher benefits for the period of leave.
(d)
Subject to the terms and conditions of the Agreement then in effect,
the Teacher will be assigned to the position previously held.
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Collective Agreement 2008-2012
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ARTICLE 11 – LEAVES OF ABSENCE (cont’d)
11:03 (2) Federation Leaves of Absence (cont’d)
(e)
Such leave shall be subject to the availability of a suitable Teacher
replacement.
(3) Durham Elementary Unit Leaves
Leaves for Federation business will be granted up to seventy (70) days per
school year. These leaves cannot be used to extend other leave provisions
in the Collective Agreement. Any individual Teacher will be allowed a
maximum of six (6) days per school year for such leave.
Subject to the approval of the Assistant Superintendent – Human
Resources and Administrative Services, a member may be allowed to
exceed the aforementioned maximum. Salary of the occasional Teacher
will be reimbursed by the Unit.
Where possible, twenty-four (24) hours notice shall be given to the
Principal and to the Assistant Superintendent – Human Resources and
Administrative Services prior to such leaves.
Days used for Direct Negotiations, Conciliation, Mediation and/or Interest
Arbitration shall not be charged against this Article.
(4) Association Representatives
(a)
The Board recognizes the appointment or election of Association
Representatives at each school and other worksites.
(b)
O.E.C.T.A. Local Bargaining Unit will notify the Board, in writing, of
the names of persons elected to office in the Unit and persons
elected by Members as the Association Representative in a particular
school or worksite.
(c)
The Board shall provide the Association Representative access to a
separate bulletin board in each staff room for posting of Association
business and information for the Membership.
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ARTICLE 11 – LEAVES OF ABSENCE (cont’d)
11:03 (4) Association Representatives (cont’d)
(d)
If a Principal or Superintendent requests a Teacher to be present at a
meeting which may result in discipline, the Principal or
Superintendent shall advise the Teacher and the Association
Representative in the school of the nature of the meeting. At such a
meeting, the Teacher shall be entitled to O.E.C.T.A. representation.
(e)
The Principal or Vice Principal, or where applicable Superintendent,
shall advise the parties as early as possible of the timing of such
meeting.
(f)
The Association Representative at each school/worksite shall have
access to the following information through the Principal or designate
by October 15th of each school year:
ƒ the names of the Teachers scheduled for Teacher Performance
Appraisal;
ƒ a copy of all Teacher timetables; and
ƒ a copy of the finalized Teacher supervision schedule.
The above information will be provided to the President of the
OECTA Durham Elementary Teachers Bargaining Unit through the
Human Resources and Administrative Services Department under
the purview of Article 14:03.
ARTICLE 12 – RETIREMENT AND GRATUITY
12:01 Retirement
Any Teacher who has attained the age of sixty-five (65) years on or before
August 31st of any year, shall retire on June 30th of that year. Those who reach
65 years of age on or after September 1st of any year shall retire on June 30th of
the following year. Extensions, upon application, may be granted at the
discretion of the Board.
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ARTICLE 12 – RETIREMENT AND GRATUITY (cont’d)
12:02 Gratuity
(1) Qualifications to Receive
(a)
A retiring Teacher is one who ceases to be employed by the Board
on account of age or health and applies for and receives a retirement
pension from the Teachers’ Pension Board.
(b)
Each Teacher retiring at normal or earlier date, provided the Teacher
has a record of ten (10) years service with the Board prior to
retirement, shall be granted a gratuity in accordance with the Gratuity
Table.
(2) Grandparenting
The provisions of Article 12 will not apply to Teachers whose service with
the Board commences on or after September 1, 1983. Teachers employed
by the Board on August 31, 1983 are guaranteed, when eligible as per
conditions of Article 12:01, the benefits under Article 7 contained in the
1982-83 Collective Agreement, and the terms and conditions of Article 12
may not be changed in the future insofar as they pertain to those Teachers
employed by the Board on August 31, 1983. All Teachers employed by the
Board on August 31, 1983, have been provided with a letter guaranteeing
benefits as outlined in this Article.
(3) Gratuity Table
10 years’ service, 12.5%
AFTER:
11 years’ service, 15%
12 years’ service, 17.5%
13 years’ service, 20%
14 years’ service, 22.5%
15 years’ service, 25%
16 years’ service, 27.5%
17 years’ service, 30%
18 years’ service, 32.5%
19 years’ service, 35%
20 years’ service, 37.5%
21 years’ service, 40%
22 years’ service, 42.5%
23 years’ service, 45%
24 years’ service, 47.5%
25 years’ service, 50%
of
cumulative
sick leave
credits
x
daily
rate at
date of
retirement
DCDSB - OECTA Durham Elementary Teachers Unit
Collective Agreement 2008-2012
Page 31
ARTICLE 12 – RETIREMENT AND GRATUITY (cont’d)
12:02 (4) Gratuity Payment
All monies provided under Article 12:02 shall be paid in full to the Teacher
or in the event of the Teacher’s death, to the estate, within one year after
retirement or as arranged to the mutual satisfaction of the Board and the
Teacher or in the event of death, the Teacher’s executor(s) or
administrator(s).
ARTICLE 13 – TEACHER BENEFITS
Note: The benefits under this section shall apply to all Teachers employed by
the Board except those exempted by reason of coverage with their spouses in
another group.
Note: Participation in the Plan of Group Term Life Insurance with Accidental
Death and Dismemberment Benefits and the Long-Term Disability Insurance
Plan are agreed to be a condition of employment with the Board with the
exception of Teachers receiving a pension under the Ontario Teacher Pension
Plan. Details of Teacher Benefits Plan are outlined in the Benefits Booklet
provided by the carriers.
Note: A copy of the Master Policy or Policies of the insured benefit plans shall
be given to the Association. The Association may obtain disclosure of rates
and rate of participation for all plans within ten (10) days of a request. The
Association shall be given ten (10) working days after the receipt in the Unit
Office to review the draft copy of the Benefits booklet this year.
The Board will contribute one hundred percent (100%) of the premiums for the
following Teacher benefits:
13:01 (1) Extended Health Care Plan
(a)
(b)
(c)
(d)
(e)
Managed Health Care
Vision Care – Maximum of $200/annum for dependent children
and $300/every two years for adults
Private Hospital Coverage
Hearing Aids - $300 every 36 months
Eye Examinations – The Board shall pay a maximum of $75 every
two (2) years for eye examinations for the Teacher, spouse and
dependent children over twenty (20) years of age.
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Collective Agreement 2008-2012
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ARTICLE 13 – TEACHER BENEFITS (cont’d)
13:01 (cont’d)
(2) Group Life Insurance
Group Life Insurance with Accidental Death and Dismemberment Benefits
in the amount of $120,000.
(3) Dental Care Plan
The Board agrees to pay one hundred percent (100%) of the premiums of
the Flexident Dental Plan.
(a)
Preventative - $1,500/annum.
(b)
Restorative (Dentures) - $1,000 every five (5) years and Major
Restorative Plan including Dentures at the foregoing level with Caps,
Crowns and Bridges – seventy percent (70%) – thirty percent (30%)
co-insurance, with a $2,000 annual combined maximum.
(c)
Orthodontic – $2,500 lifetime.
Each January the O.D.A. Fee Schedule shall be updated to the schedule of
the preceding calendar year.
13:02 Long Term Disability Plan
Teachers will pay one hundred percent (100%) of the premiums for a Long
Term Disability Plan with benefits according to the individual Teacher’s Flex
Plan. The Bargaining Unit shall be responsible for the selection of the carrier
and the Board agrees to administer the plan.
13:03 (1) Optional Insurance
Teachers covered under the Board Benefits Plan have the option of
purchasing, at their own expense, additional life insurance of either
$20,000, $40,000, $60,000 or $80,000, subject to the insurer’s
requirements concerning medical evidence.
DCDSB - OECTA Durham Elementary Teachers Unit
Collective Agreement 2008-2012
Page 33
ARTICLE 13 – TEACHER BENEFITS (cont’d)
13:03 (cont’d)
(2) Dependent Life Insurance
Teachers covered under the Board Benefits Plan may purchase, at their
own expense, dependent’s insurance in the amounts of up to $50,000 (in
increments of $10,000) for spouse and up to $20,000 (in increments of
$5,000) for dependent children. Such insurance shall be subject to the
insurer’s requirements concerning medical evidence.
13:04 Part Time Teachers
A Teacher who teaches on a part time basis shall, subject to eligibility
requirements as specified by the Board’s insurers, be allowed to participate in
Teacher Benefits, but the Board’s share of premium costs shall be pro-rated on
the basis of the percentage of time worked.
The foregoing shall not apply to a Teacher currently employed by the Board
who was teaching part time for the 1987-88 school year and who continues to
be employed each year thereafter as a part-time Teacher. For such a Teacher,
premium costs shall not be pro-rated.
13:05 Health Care Benefits for Retirees
Upon retirement and subject to continuing eligibility requirements, a Teacher
may continue coverage under any of the group benefit plans (except L.T.D.) in
which the Teacher participated provided that:
(a) a separate group will be established for such retirees and premiums will be
established on the basis of those participants in the group;
(b) each participating retiree shall pay the full premium costs of any group
benefit; and
(c) coverage shall cease at age 65.
13:06 Spousal Benefits
Upon the death of an employee, the Board will continue benefits for the spouse
and/or eligible dependents for a period of two (2) years.
DCDSB - OECTA Durham Elementary Teachers Unit
Collective Agreement 2008-2012
Page 34
ARTICLE 14 – STAFFING
The following assignments shall be considered for all elementary schools:
ƒ
ƒ
ƒ
ƒ
ƒ
ƒ
ƒ
Classroom Teachers
Teacher Librarian
Program Support Teacher(s)
F.S.L. Teachers
E.S.L./E.S.D. Teachers
Support Staff
Reading Recovery Teacher
14:01 (1) The Board shall ensure that the average size of its elementary classes is in
accordance with Section 170.1 of the Education Act as may be amended
from time to time.
(2) The Board shall ensure that the class sizes for Junior Kindergarten to
Grade 3 will be in accordance with the Ministry of Education’s Primary
Class Size Initiative as amended from time to time.
(3) During the life of the Collective Agreement, the Board will implement the
Grades 4-8 class size reduction initiative as addressed in the Provincial
Discussion Table Agreement.
(4) Board Staffing Formula
The Board’s staffing formula to determine full-time equivalent classroom
teaching positions Grades JK-8 will be done in accordance with class size
requirements provided for in the Education Act, Regulations or Ministry of
Education funded initiatives.
(5) The distribution of these Teachers shall be reviewed at the Board Level
Staffing Committee with the appropriate Superintendent.
DCDSB - OECTA Durham Elementary Teachers Unit
Collective Agreement 2008-2012
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ARTICLE 14 – STAFFING (cont’d)
14:01 (cont’d)
(6) System Staffing Adjustment
Based on mid-September (approximately September 15th), enrolment
statistics for Grades JK-8, staffing adjustments will take place as required
according to Articles 14:01(1), (2). Where, due to enrolment changes, it
may be necessary to amend a school’s staffing, this will be decided by the
Director of Education when Principals and their Superintendents present
their staff and program requirements following disclosure and consultation
with the Association.
14:02 School Staffing
(1) Teacher-Librarian
Each school shall have at least 0.5 qualified Teacher-librarian.
(2) Junior/Senior Kindergarten
(a)
If the maximum exceeds twenty four (24) students as of September
30 or as of December 15, the Board will take action to ameliorate the
situation. If the class size is twenty five (25) or twenty six (26)
students, an Educational Assistant will be assigned to the class. At
twenty seven (27) students, and subject to the availability of
accommodation, the action shall be the addition of a Teacher. In the
event that there is no suitable accommodation, the Principal, in
consultation with the Teacher(s) concerned, shall advise the
Assistant Superintendent – Human Resources and Administrative
Services to secure a Teacher or an Educational Assistant.
(b)
If the maximum in an integrated Junior Kindergarten/Senior
Kindergarten class exceeds nineteen (19) students, the Board shall
take action to ameliorate the situation. If the class size is twenty (20)
or twenty one (21) students, an Educational Assistant will be
assigned to the class. At twenty two (22) students, and subject to the
availability of accommodation, the action shall be the addition of a
Teacher. In the event that there is no suitable accommodation, the
Principal, in consultation with the Teacher(s) concerned, shall advise
the Assistant Superintendent – Human Resources and Administrative
Services to secure a Teacher or an Educational Assistant.
DCDSB - OECTA Durham Elementary Teachers Unit
Collective Agreement 2008-2012
Page 36
ARTICLE 14 – STAFFING (cont’d)
14:02 School Staffing (cont’d)
(2) Junior/Senior Kindergarten
(d)
A substitute will be assigned on the first day of absence for each
Educational Assistant as allocated in (b) and (c) above.
(3) Teaching Load – French as a Second Language Teachers
Under all normal and usual circumstances, the teaching load for full time
French as a Second Language (FSL) Teachers shall be six (6) periods of
forty (40) minutes each per school day and adjusted as per Article 14:04
through discussions held at the Board Level Staffing Committee. An FSL
Teacher shall not be assigned to more than two (2) schools and shall be
allowed reasonable time to travel between schools.
A Teacher shall not be required to undertake such travel between schools
during the Teacher’s scheduled lunch break unless compensatory time off
is otherwise provided. The FSL workload for a Teacher teaching FSL for
more than two (2) periods and less than full time shall be a pro-rated
workload.
(4) Teaching Load – Planning and Preparation Time Teachers
Under all normal and usual circumstances, the teaching load for full time
Planning and Preparation Time Teachers shall be six (6) periods of forty
(40) minutes each per school day and adjusted as per Article 14:04 through
discussions held at the Board Level Staffing Committee. A Planning and
Preparation Time Teacher shall not be assigned to more than two (2)
schools and shall be allowed reasonable time to travel between schools.
A Teacher shall not be required to undertake such travel between schools
during the Teacher’s scheduled lunch break unless compensatory time off
is otherwise provided. The Planning and Preparation Time workload for a
Teacher teaching Planning and Preparation Time for more than two (2)
periods and less than full time shall be a pro-rated workload.
DCDSB - OECTA Durham Elementary Teachers Unit
Collective Agreement 2008-2012
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ARTICLE 14 – STAFFING (cont’d)
14:03 Board Level Staffing Committee
(1) There shall be an established Board Level Staffing Committee (BLSC)
composed of three (3) representatives appointed by the Board and three
(3) representatives appointed by the OECTA Durham Elementary
Bargaining Unit and mutually agreed appropriate resource staff.
(2) Meetings shall be chaired alternatively by the Board and the Bargaining
Unit. The BLSC shall be convened not later than September 30th in each
school year for an initial meeting. Thereafter, the committee shall meet bimonthly. Additional meetings may be called within two (2) weeks of a
request by either party.
(3) An agenda, as mutually agreed upon by the parties, shall be prepared and
distributed prior to any meetings.
(4) The function of the committee shall be to:
(a) Consult and advise on the assignment of staff generated by the
increases in planning and preparation time;
(b) Monitor the use of funding enhancements associated with added
supervision personnel;
(c) Consult and advise on staff allocation to address the class-size
reduction in grades 4-8 generated by the terms of the Provincial
Discussion Table Agreement;
(d) Consult and advise on the Board’s assignment of additional
teaching staff generated by the increase in Elementary Teacher
preparation time above the 2008-2009 level;
(e) Consult and advise on the assignment of full time school based
Elementary Teachers in the Arts in more than one (1) elementary
school;
DCDSB - OECTA Durham Elementary Teachers Unit
Collective Agreement 2008-2012
Page 38
ARTICLE 14 – STAFFING (cont’d)
14:03 Board Level Staffing Committee (cont’d)
(f) Consult and advise on the aggregation of the increase of weekly
minutes of Planning and Preparation time above the 2008-2009
level generated within 20 consecutive instructional days into
meaningful blocks of planning and preparation time;
(g) Consult and advise on the Elementary school supervision
schedules;
(h) Monitor the workload of classroom Teachers who have students
with identified special needs;
(i) Review monthly staffing reports;
(j) Address any other staffing and workload issues of mutual interest to
the parties including issues arising out of Article 14:04(2); and
(k) Consult and advise on the Board’s assignment of elementary
Teachers to elementary schools prior to the Board finalizing its
annual staffing process.
Information pertinent to assist the Board Level Staffing Committee in
meeting the function of the Committee will be provided. Such information
includes enrolment reports on class size per grade on a school by school
basis. The Board will also provide the Committee the primary class size
data submitted to the Ministry of Education by the established deadline
dates.
14:04 Planning And Preparation Time
(1) The Board shall provide full time Teachers with two hundred (200) minutes
per week for professional purposes exclusive of lunch and recess during
the instructional portion of the day. This time shall be pro-rated in weeks
where there are fewer than five (5) instructional days.
DCDSB - OECTA Durham Elementary Teachers Unit
Collective Agreement 2008-2012
Page 39
ARTICLE 14 – STAFFING (cont’d)
14:04(1) Planning And Preparation Time (cont’d)
The parties agree that the planning and preparation time for a full time
elementary Teacher shall be increased as follows:
September 1, 2009 – 210 minutes per week
September 1, 2010 – 220 minutes per week
September 1, 2011 – 230 minutes per week
August 31, 2012 – 240 minutes per week
The planning and preparation time, as set out above, shall be pro-rated for
part-time Teachers on the basis of their full time equivalent assignment.
(2) Planning and preparation time is to be in blocks of forty (40) minutes.
Notwithstanding the above, where a forty (40) minute block is not possible,
the minimum block of planning and preparation time will not be less than
twenty (20) minutes and subject to review under the Board Level Staffing
Committee.
(3) Notwithstanding other provisions in this Collective Agreement:
a)
The Board may assign the additional teaching staff generated by the
increase in elementary Teacher planning and preparation time above
the 2008-2009 level, to enable full time school based teaching
assignments in the Arts in more than one (1) elementary school. This
shall be done in consultation with the Board Level Staffing
Committee.
b)
The additional weekly minutes of planning and preparation time
above the 2008-2009 level, generated within 20 consecutive
instructional days, may be aggregated to provide for meaningful
blocks of preparation time for Teachers.
(4) When organizing FSL/Planning Time Teachers’ timetables, Principals shall:
a)
give FSL/Planning Time Teacher reasonable travel time to travel
between classes to a maximum of 5 minutes.
b)
not schedule FSL/Planning and Preparation
preparation time during opening exercises.
Time
Teacher
DCDSB - OECTA Durham Elementary Teachers Unit
Collective Agreement 2008-2012
Page 40
ARTICLE 14 – STAFFING (cont’d)
14:04(4) Planning And Preparation Time (cont’d)
c)
consult and collaborate with the affected Teachers’ in developing
Planning and Preparation Teachers’ timetable with consideration to
the following:
i. The number of grade levels; and
ii. The number of reportable subjects (as per student report cards).
Planning Time Teachers shall be responsible for the preparation,
assessment, reporting, and evaluation of all subject areas delivered.
(5) Teachers will log missed planning and preparation time in accordance with
the Letter of Intent Re: Procedure and Guidelines for Missed Planning and
Preparation Time, (October 2006).
ARTICLE 15 – SUPERVISION
15:01 Supervision
All school based staff have a role to play in elementary school supervision,
which is essential in maintaining a safe school environment.
(1) Supervision time shall be defined as the time Teachers are assigned to
supervise students outside the three hundred (300) minute instructional
day. For greater clarity, supervision duties include assigned duties such as
yard duty, hall duty, bus duty, lunchroom duty and other assigned duties
undertaken before the beginning of opening exercises in the morning,
during the lunch interval, during recesses or after the instructional day.
(2) Elementary Teachers shall be available to students in their classroom
fifteen (15) minutes prior to the first scheduled class of the day and five (5)
minutes prior to the scheduled class in the afternoon. Such time shall not
constitute supervision/on-call or instructional time.
Any assigned
supervision duty during the times as outlined above, such as but not limited
to, bus duty, hall duty, and/or yard duty shall constitute supervision.
DCDSB - OECTA Durham Elementary Teachers Unit
Collective Agreement 2008-2012
Page 41
ARTICLE 15 – SUPERVISION (cont’d)
15:01 Supervision
(3) The maxima of supervision minutes for elementary Teachers for each five
(5) instructional days shall be as set out below:
100 minutes in 2008-2009
90 minutes in 2009-2010
80 minutes in 2010-2011
80 minutes in 2011-2012
The introduction of the maxima described above, as per the PDT, shall not
increase the Collective Agreement provisions or the practice of assigned
supervision that existed during the 2007-2008 school year, on a school by
school basis, where such provisions may be more favorable.
A Teacher with less than a full time assignment shall have her/his
supervision minutes pro-rated on the basis of the percentage of the time
worked.
(4) Supervision shall be assigned by the Principal in an equitable manner.
(5) By June 30th of each school year each Principal shall consult with the
Teachers about their supervision schedule for the subsequent school year.
ARTICLE 16 – SENIORITY
16:01 Seniority
(1) The Board will supply the Durham Elementary Bargaining Unit, OECTA and
each school/worksite a Seniority List by November 30th of each school
year.
(2) Seniority shall be based on continuous service as a Teacher with the
Board. Teachers with five (5) or more years of continuous service with this
Board shall have their last break in service bridged for seniority purposes to
include the period immediately preceding the break, except as set out
herein. Such bridging is not applicable to Teachers who have retired, who
have broken their continuous service by reason of acceptance to the
Ontario Teachers’ Pension Plan or have been discharged.
DCDSB - OECTA Durham Elementary Teachers Unit
Collective Agreement 2008-2012
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ARTICLE 16 – SENIORITY (cont’d)
16:01 Seniority (cont’d)
(3) Section (2) above will not apply to those Teachers who resigned prior to the
Employment Standards Act (1974) for maternity purposes.
These
Teachers shall be bridged back to the first break due to resignation for
maternity purposes.
(4) Teachers transferred to teach in the elementary panel from the Board’s
secondary panel shall, immediately following such transfer, be placed at
the bottom of the elementary seniority list. Notwithstanding the foregoing,
the Board, based upon exceptional circumstances and with the mutual
agreement of representatives of the Elementary Bargaining Unit, shall be
able to effect a transfer which involves a Teacher and following such
transfer have system service recognized on the seniority list.
(5) In the event that the seniority of two or more Teachers is equal, and subject
to the terms and conditions of this Article, the following criteria shall be
used to determine Teacher redundancies:
a)
b)
c)
d)
qualified teaching experience with this Board and its predecessor
Boards (Note: except for Teachers who have retired and been
accepted for pension benefits by the Ontario Teacher’s Pension
Plan);
years of qualified teaching experience in the Province of Ontario;
years of qualified teaching experience outside the province of
Ontario;
if all the above are equal, by lot in the presence of persons
designated by both the Board and the Durham Elementary
Bargaining Unit, OECTA.
(6) Occasional Teacher teaching experience recognized for grid placement
with the Durham Catholic District School Board and its predecessor Boards
shall be counted under Article 16:01(5).
16:02 Redundancy and Recall
(1) In the event of the necessity of a reduction or lay-off in staff, the reduction
and/or lay-off shall be according to seniority.
DCDSB - OECTA Durham Elementary Teachers Unit
Collective Agreement 2008-2012
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ARTICLE 16 – SENIORITY (cont’d)
16:02(1) Redundancy and Recall (cont’d)
In such instances, the following shall be used:
ƒ probationary Teachers shall be first;
ƒ permanent Teachers shall be second in the order of the Seniority List.
(2) If the aforementioned order of lay-off would mean the elimination or
curtailment of a program, the Teacher would not be laid off provided no
other Teacher with greater seniority is qualified to perform the duties
inherent in the program or will be qualified prior to the commencement of
the position.
(3) In the event that seniority is equal in 16:02(1), the following comparison
shall be made to determine which Teacher(s) would be laid off:
a.
b.
c.
d.
continuous service with this Board and its predecessor Boards;
service in the Province of Ontario;
service in teaching;
the drawing of lots if the seniority is still equal after consideration
of (a), (b) and (c).
Occasional teaching time recognized for grid placement with the Durham
Catholic District School Board and its predecessor Boards shall be counted
under Section 16:02(3)(b).
(4) Teachers shall have the right of recall for a period of three (3) years. In the
recall process, Teachers who have completed the probationary period shall
be recalled in accordance with their seniority, provided they have the
required qualifications or will be qualified prior to the commencement of the
position.
(5) In the event that seniority is equal on the recall list, the same procedure as
contained in 16:02(3) shall be used to determine which Teacher(s) shall be
recalled first.
DCDSB - OECTA Durham Elementary Teachers Unit
Collective Agreement 2008-2012
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ARTICLE 16 – SENIORITY (cont’d)
16:02 Redundancy and Recall (cont’d)
(6) If the only position available is less than full time and the Teacher eligible
for recall was full-time equivalent, that Teacher will have the first
opportunity of:
(a) being made full time by the addition of increased teaching time; or
(b) receiving a full time equivalent appointment if it occurs.
(7) If a full time equivalent Teacher on the recall list refuses a part time or half
time position, such Teacher shall move to the bottom of the recall list.
(8) Upon recall, a Teacher will have all accumulated sick leave credits fully
reinstated.
(9) Teachers recalled within the stated three (3) year period will be eligible for
bridging as in Article 16:01(2).
(10) A laid off Teacher who does not respond to a recall notification and
provides acceptable medical evidence of illness or injury shall not lose
recall rights.
(11) The Board may not hire for any position within the Bargaining Unit until all
Teachers, including those with recall rights under this Collective
Agreement, have been placed. This shall not apply in the case when no
Teacher on the recall list has the required qualifications, unless a Teacher
will be qualified prior to the commencement of the position.
16:03 Surplus
This procedure will recognize the mandate of the Principal to staff the school to
meet program and student needs while recognizing the seniority, rights and
needs of the Teacher. This procedure is completely and absolutely separate
from competency evaluations and procedures.
DCDSB - OECTA Durham Elementary Teachers Unit
Collective Agreement 2008-2012
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ARTICLE 16 – SENIORITY (cont’d)
16:03 Surplus (cont’d)
1.
A surplus at a school shall mean a reduction in the total number of teaching
positions in the school due to:
(a) Declining enrolment at the school or;
(b) Enrolment shifts brought about by the opening of a new school or the
closing of an existing school or change to a school’s catchment area
or;
(c) The reduction in or elimination of a program.
2.
When a school experiences a surplus of teaching staff, as defined above,
the Principal, upon verification of the projected numbers of staff necessary
for the upcoming school year, shall canvas the staff. Teachers who
indicate a willingness to accept a change in school placement will be given
priority in the Teacher transfer process. In the event that an insufficient
number of staff agrees to voluntary movement, the Principal shall meet with
the staff to clarify the number of Teachers necessary in each of the
divisions.
3.
The Principal, in consultation with the Superintendent, shall arrive at the
staffing complement based on:
a.
b.
c.
The program needs of school and division;
The qualifications as per the Certificate of Qualification;
Seniority within the Bargaining Unit;
When all else is equal, seniority will prevail.
The Board shall notify Teachers declared surplus in writing, by April 2nd or a
mutually agreed upon date. The names of all Teachers declared surplus
shall be forwarded to the Unit.
4.
By a date as mutually agreed upon by the parties through the joint Board
Level Staffing Committee and following the first round of postings,
Teachers who have been declared surplus shall be provided with a list of
vacant teaching positions for the following school year.
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Collective Agreement 2008-2012
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ARTICLE 16 – SENIORITY (cont’d)
16:03 Surplus (cont’d)
5.
The Teachers who have been declared surplus shall be provided, by the
Human Resources and Administrative Services Department, a list of vacant
teaching positions. The surplus Teacher shall rank in order five (5) vacant
teaching position preferences. The Board will attempt to accommodate
Teacher preferences where possible.
6.
Teachers declared surplus shall be notified of their placement for the
following September in such vacant position as determined by the Board by
a date as mutually agreed upon by the parties through the joint Board Level
Staffing Committee according to her/his preferences, and as per the
required qualifications for the teaching position. In the case where a
surplus Teacher has not been accommodated according to her/his
preferences, the Board shall place the Teacher in one of the remaining
vacant teaching positions or in a teaching position that may subsequently
arise for which they are qualified. No members of the bargaining unit, or
transfer from another bargaining unit may be placed in a bargaining unit
position nor shall a new Teacher to the bargaining unit be hired until all
surplus elementary Teachers have been placed. Any Teacher declared
surplus shall be given priority when placing Teachers through posted
positions as per qualifications.
7.
Should the school(s) declaring surplus Teachers increase in enrolment
necessitating the addition of staff, the Teacher(s) declared surplus shall
have the first right of refusal to the position(s) up to a date as mutually
agreed upon by the parties through the joint Board Level Staffing
Committee before any Teacher(s) receive a placement to the position(s)
provided they are qualified for the position(s).
8.
An Elementary Teacher who has been declared surplus and has been
placed in a teaching position also has the right to apply to any vacant
Elementary teaching positions.
9.
No Teacher shall be declared surplus in two (2) consecutive years unless
the Teacher volunteers.
10. The placement of all surplus Teachers shall be forwarded to the Unit upon
completion of the process.
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Collective Agreement 2008-2012
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ARTICLE 16 – SENIORITY (cont’d)
16:03 Surplus (cont’d)
11. All timelines shall be mutually agreed upon by the parties for the surplus
process through the Board Level Staffing Committee.
12. The Surplus process may be amended from time to time as agreed to by
the parties.
ARTICLE 17 – JUST CAUSE
17:01 No Teacher shall be disciplined, demoted or discharged without just cause.
17:02 If a Teacher is the subject of an investigation by the College of Teachers, any
action against the Teacher by the Board shall be taken in accordance with the
terms of the Collective Agreement.
ARTICLE 18 – GRIEVANCE PROCEDURE
18:01 Within the terms of this Agreement, a grievance shall be defined as a difference
relating to the interpretation, application, administration or alleged violation of
the Agreement.
Filing Procedures
(1) Step I: Principal/Supervisory Officer
(a)
A Teacher covered by this Agreement who has a grievance, may
discuss the complaint with the Principal or with the supervisory
officer.
(b)
Such a complaint shall be brought to the attention of the Principal or
supervisory officer within ten (10) working days of the incident, giving
rise to the grievance.
(c)
The Principal or supervisory officer shall attempt to resolve the
dispute informally and shall give a decision within three (3) working
days of receipt of the grievance.
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Collective Agreement 2008-2012
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ARTICLE 18 – GRIEVANCE PROCEDURES (cont’d)
18:01 (cont’d)
(2) Step II: Superintendent
(a)
Should the Teacher be dissatisfied with the decision of the Principal
or supervisory officer, the Teacher may refer such matter on a written
grievance form to the superintendent within five (5) working days of
receipt of the reply from the Principal or supervisory officer.
(b)
The complaint shall constitute a formal grievance at Step II.
(c)
The statement of grievance shall indicate the name of the grievor;
shall state the facts giving rise to the grievance; shall identify by
specific reference the provision(s) of this Agreement alleged to be
violated and shall indicate the relief sought.
(d)
The appropriate Superintendent shall answer the grievance in writing
within ten (10) working days of receipt of the statement of grievance.
(3) Step III: Director of Education
(a)
Should the Teacher be dissatisfied with the decision of the
appropriate Superintendent, the Teacher may refer such grievance to
the Director of Education within five (5) working days of receipt of the
reply from the appropriate Superintendent.
(b)
The Director of Education shall answer the grievance in writing within
five (5) working days of receipt of the statement of grievance.
(c)
If the grievance is not settled, it may be referred to arbitration as
provided in Article 18:05 within ten (10) working days of receipt of the
decision of the Director of Education.
18:02 Policy or Group Grievance
(a) The Teachers may initiate a policy or group grievance relating to the
interpretation, application, administration or alleged violation of this
Agreement beginning at Step II of the grievance procedure.
DCDSB - OECTA Durham Elementary Teachers Unit
Collective Agreement 2008-2012
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ARTICLE 18 – GRIEVANCE PROCEDURES (cont’d)
18:02 Policy or Group Grievance (cont’d)
(b) Such grievance shall be filed within ten (10) working days of the incident
giving rise to the grievance and shall be on the grievance form. Any such
grievance may then be referred to Step III as provided under this Article. If
the grievance is not settled at Step III, it may be referred to arbitration as
provided for in this Article.
18:03 Timelines
(a) Any complaint or 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
can be taken with respect to such grievance.
(b) The time limits specified in this Article may be extended by mutual
agreement in writing between the parties to this Agreement.
(c) 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 appeal the
grievance to the next level of the procedure.
(d) In this Article, a working day shall be defined as a school day.
18:04 Board Grievance
(1) A complaint or grievance arising from an allegation by the Board that the
Teachers have violated a provision of this Agreement will be referred to the
executives of the Teachers within ten (10) days of the alleged violation.
The parties will attempt to resolve the grievance.
(2) Failing resolution, the grievance will be referred to arbitration as provided
for in Article 18:05. Such reference will be made within fifteen (15) days of
the incident giving rise to the complaint of the Board.
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ARTICLE 18 – GRIEVANCE PROCEDURES (cont’d)
18:05 Arbitration
The parties agree to co-operate and to expedite the following arbitration
process.
(1) (a) Where a difference arises between the parties relating to the
interpretation, application, administration or alleged violation of this
Agreement, including any question as to whether a matter is arbitrable,
either party may, after exhausting any grievance procedure established
by this Agreement, notify the other in writing of its desire to submit the
difference or allegation to arbitration.
(b) The notice shall contain the name of the party’s appointee to an
Arbitration Board, or nominee as a single Arbitrator, as the case may
be, and shall be delivered to the other within ten (10) working days of
receipt of the reply under Step III.
(c) The recipient party shall, within ten (10) working days, advise the other
party of the name of its appointee to the Arbitration Board or its
nominee as a single Arbitrator, as the case may be.
(d) In the case of an Arbitration Board, the two (2) appointees so selected
shall, within five (5) working days of the appointment of the second of
them or a time mutually agreed upon, appoint a third person who shall
be the Chairperson.
(e) If the recipient party fails to appoint an arbitrator, or if the appointees
fail to agree upon a Chairperson or if the parties fail to agree upon a
single Arbitrator, as the case may be, within the time limit, the
appointment shall be made by the Ontario Labour Relations Board.
(2)
(a) The Arbitration Board or a single Arbitrator, as the case may be, shall
hear and determine the difference or allegation and shall issue a
decision and the decision shall be final and binding upon the parties
and upon any Teacher affected by it.
(b) The decision of a majority shall be the decision of the Arbitration
Board, but if there is no majority, the decision of the Chairperson shall
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Page 51
govern. In the case of the decision of a single Arbitrator, such a
decision shall be final and binding on the parties.
ARTICLE 18 – GRIEVANCE PROCEDURES (cont’d)
18:05 Arbitration (cont’d)
(c) The powers of the Arbitration Board or a single Arbitrator, as the case
may be, shall be the powers of an Arbitration Board established under
the Ontario Labour Relations Act.
(d) No person may be appointed as an Arbitrator who has been involved in
an attempt to negotiate or settle the grievance.
(e) Each of the parties hereto will bear the expenses of the arbitrator
appointed by it and the parties will jointly share the expenses of the
Chairperson of the Arbitration Board, or a single Arbitrator, as the case
may be, if any.
(f) The Board of Arbitration or a single Arbitrator, as the case may be,
shall not be authorized to make any decision inconsistent with any Act
or a Regulation thereunder or the provisions of the Agreement, nor to
alter, modify or amend any part of this Agreement.
18:06 Arbitration: Miscellaneous
(a) No action of any kind will be taken against any Teacher because of
participation in this grievance procedure.
(b) The parties may, by mutual consent, agree on the appointment of a single
Arbitrator whose decision shall be binding.
ARTICLE 19 – HARASSMENT IN THE WORKPLACE
19:01 The Board and the Teachers agree that every employee has a right to freedom
from harassment in the workplace. Any Teacher covered by this Agreement
who feels the victim of harassment shall have the right to seek redress in
accordance with the Board policy. The Board shall consult with the Association
prior to making any changes to the following policy: Policy Number PO181 –
Harassment and Discrimination in the Workplace, dated November 12, 2007.
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ARTICLE 20 – TERMINATION OF EMPLOYMENT
20:01 (1) Except for just cause, the Board shall notify a Teacher in writing on or
before November 30th of its intent to terminate the employment of that
Teacher effective December 31st of that year; or on or before April 30th of
the Board’s intent to terminate effective August 31st of that year.
(2) Such written notice shall state the reason(s) for termination and shall be
sent to the Teacher’s last known address or via hand delivery by a
supervisory officer.
(3) No probationary Teacher may use the grievance procedure to appeal a
decision of the Board to terminate the employment of the Teacher,
provided the Teacher is told in writing according to (1) and (2) above, the
reason or reasons for termination of employment.
(4) A Teacher shall notify the Board on or before November 30th of the
Teacher’s intent to terminate the employment relationship effective
December 31st of that year or on or before April 30th of the Teacher’s intent
to terminate the employment relationship effective August 31st of that year.
(5) Nothing precludes the Board and a Teacher from agreeing to terminate
employment at times other than those specified in (1) and (4) above.
ARTICLE 21 – PROBATIONARY PERIOD
21:01 A newly hired Teacher shall have a one (1) year probationary period. The
probationary period shall be determined without counting any leaves of absence
in excess of twenty (20) working days for any purpose.
ARTICLE 22 – INTERIM VICE PRINCIPAL
22:01 (1) The Board, in consultation with the Association, may give priority
consideration and assign the duties of an interim Vice-Principal to a
Teacher at that school location who holds the requisite Principal
Qualifications and has been placed on the Board’s approved roster. Such
assignment shall be for circumstances such as, but not limited to, illness,
injury or secondment and shall be for a temporary period not to extend
beyond the current school year. Where there is no such qualified Teacher
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on staff, the Board may assign another such qualified Teacher from an
alternate school location or a retiree.
ARTICLE 22 – INTERIM VICE PRINCIPAL (cont’d)
22:01 (cont’d)
(2) Any extension of this period shall only be with the approval of O.E.C.T.A.
Should approval not be forthcoming for such an extension, the Board may
appoint another interim vice Principal.
(3) No Teacher shall be assigned the duties of a vice Principal without the
Teacher’s consent.
(4) Acceptance by the Teacher of such temporary duties shall not interrupt the
accumulation of seniority rights under the provision of this Collective
Agreement.
(5) All other provisions of this Collective Agreement shall apply to the Teacher
during such period of temporary assignment.
(6) Any Teacher assigned such duties shall not participate in the evaluation of
another member of this bargaining unit.
(7) The Board agrees to replace any Teacher who accepts an interim position
pursuant to this Article with an Occasional Teacher.
(8) Teachers appointed from the roster to probationary Vice-Principal positions
shall not be considered Interim Vice-Principals. Such Teachers may return
to the Bargaining Unit without loss of seniority up to the end of the current
school year in which they are assigned. Extensions may be mutually
agreed upon to a maximum of ten (10) teaching months.
ARTICLE 23 – TEACHER PERFORMANCE APPRAISALS
23:01 Performance Appraisals for Experienced Teachers
(1) The performance appraisal of experienced Teachers shall be conducted in
accordance with the Education Act, its Regulations, the Ministry of
Education’s Technical Requirements Manual: Performance Appraisal of
Experienced Teachers, 2007 and the Teacher Performance Appraisal
(TPA) Guidelines dated January 2005 as agreed by the parties.
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ARTICLE 23 – TEACHER PERFORMANCE APPRAISALS (cont’d)
23:01 (cont’d)
(2) No member of the bargaining unit shall participate in the evaluation of
another member through the Performance Appraisal of Experienced
Teachers.
(3) Upon receipt of the Summative Report Form of a Performance Appraisal of
Experienced Teachers, the Teacher may add her/his written comments to
it. The Teacher will sign the document to acknowledge receipt and return
to the Principal within five (5) working days, which may be extended by
mutual consent.
(4) By October 15th of each school year the Board shall disclose to the Unit,
the names, if any, of the Teachers who are designated to participate in the
Performance Appraisal of Experienced Teachers process in that school
year.
(5) It is understood that a Teacher’s Annual Learning Plan (ALP), is developed
by the Teacher in consultation and collaboration with the Principal.
(6) At the school level, Teachers shall be provided with in-service related to the
Performance Appraisal of Experienced Teachers process: training, staff
development and professional development opportunities that flow from the
Annual Learning Plan all of which shall be embedded in the instructional
day.
23:02 New Teacher Performance Appraisal Process
(1) The Performance Appraisal and Induction of New Teachers, as defined by
the legislation, shall be conducted in accordance with the Education Act,
Regulations, and the Ministry of Education’s Manual for Performance
Appraisal of New Teachers, 2008, Induction Elements Manual, 2008 and
Teacher Performance Appraisal for New Teachers Guidelines 2007/2008
as agreed to by the parties.
(2) No member of the bargaining unit shall participate in the evaluation of
another member through the Performance Appraisal of New Teachers.
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ARTICLE 23 – TEACHER PERFORMANCE APPRAISALS (cont’d)
23:02 New Teacher Performance Appraisal Process (cont’d)
(3) Upon receipt of the Summative Report Form of a Performance Appraisal of
New Teachers, the Teacher may add her/his written comments to it. The
Teacher will sign the document to acknowledge receipt and return to the
Principal within five (5) working days, which may be extended by mutual
consent.
(4) By October 15th of each school year the Board shall disclose to the Unit, the
names, if any, of the Teachers who are designated to participate in the
Performance Appraisal of New Teachers and the New Teacher Induction
Program process in that school year.
(5) It is understood that a new Teacher will track their Induction process on the
Board’s New Teacher Induction Program Strategy Form. Upon completion,
it shall be signed by the Principal and forwarded to the Human Resources
and Administrative Services Department with the Teacher’s two satisfactory
Performance Appraisal forms for upload to the College of Teachers.
ARTICLE 24 – CRIMINAL BACKGROUND RECORDS
24:01 The Board shall maintain in a separate file containing any release forms
concerning Criminal Background Records Checks, the results of the Criminal
Background Records Check and the yearly Offence Declaration.
ARTICLE 25 – POLICIES AND PROCEDURES
25:01 The Board shall consult with the Association prior to making changes to the
following Policies and Procedures:
i.
ii.
Safe School Environment, revised 1994 09 06;
Procedure on the Administering of Oral Medication to Students During
School Hours at School, Policy Number PO226 dated January 1998; and
iii. Fifths Disease (when available).
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ARTICLE 26 – PERSONNEL FILE
26:01 (1) A Teacher shall have access during normal business hours to her/his
personnel file at the Catholic Education centre upon prior written request to
the Assistant Superintendent – Human Resources and Administrative
Services and in the presence of a Supervisory Officer or person designated
by the Director of Education. The Teacher may request copies of any
document contained in the file.
(2) A Teacher who questions the accuracy or completeness of information in
her/his personnel file may provide to the Board, in writing, a rebuttal or
explanatory letter that will be date-stamped and placed in the file upon
request.
(3) Where the Board exercises its discretion to amend information in a
Teacher’s personnel file upon receipt of and in response to the
submissions as set out above, the Board shall provide to the Teacher a
copy of the amended information.
(4) Where a Teacher gives written authorization to a person acting on behalf of
the Teacher to access the Teacher’s personnel file, the Board shall provide
such access.
ARTICLE 27 – DEFINITIONS AND INTERPRETATIONS
27:01 Definition of Teachers
(1) Part time Teacher means a Teacher employed by a Board on a regular
basis for other than full time duty.
(2) Temporary Teacher means a person employed to teach under the authority
of a Letter of Permission.
(3) A part time Teacher will be paid according to the appropriate placement on
the salary grid with salary pro-rated according to amount of time worked.
27:02 Qualifications Evaluation Council of Ontario (QECO)
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The categories of qualifications of Q.E.C.O. Program 5 shall apply to all
categories (A to A4) with the proviso that no Teacher currently employed by the
Board shall suffer any loss of economic or academic recognition.
ARTICLE 27 – DEFINITIONS AND INTERPRETATIONS (cont’d)
27:03 Interpretations
(1) Ontario Certificates only are included in the definitions.
(2) An Interim Certificate of Qualification shall have the same force as a
Certificate of Qualification.
(3) Teachers holding Letters of Permission are to be placed $500 below the
starting salary of the lowest category on the grid and receive the same
increments as the lowest category on the grid.
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The parties of this Collective Agreement hereby agree, one with the other, to abide by the Articles of
this Collective Agreement, for a period from September 1, 2008 to August 31, 2012 (inclusive) and
thereafter, until changes in the Collective Agreement are mutually agreed upon by the Teachers and
the Board. This Collective Agreement cancels all previous Agreements.
Dated at Whitby, Ontario this 7th day of November, 2008.
For the Board:
For OECTA:
_____________________________________
Frederick Jones, Chair, Negotiating Committee
_____________________________________
Jeff Heximer, OECTA Provincial
_____________________________________
Jim McCafferty, Chair of the Board
_____________________________________
Nicole Sabourin, Member Services Officer
_____________________________________
Michael T. Gray, Resource
_____________________________________
Dan Gryzwacz, President
_____________________________________
Anne O’Brien, Resource
_____________________________________
Grant Johnston, OECTA Elementary Teacher
_____________________________________
Tracy Barill, Resource
_____________________________________
Simon Chaloux, OECTA Elementary Teacher
_____________________________________
Lynne Cyr, Resource
_____________________________________
Amanda Shurrie, OECTA Elementary Teacher
_____________________________________
Jaime Sheepwash, Resource
_____________________________________
Jim MacNeil, OECTA Elementary Teacher
_____________________________________
Michael Ward, OECTA Elementary Teacher
_____________________________________
Bill Joly, OECTA Elementary Teacher
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LETTER OF UNDERSTANDING
November 7, 2008
Dan Gryzwacz, President
OECTA Durham Elementary Teachers Unit
310 Hopkins Street
Whitby, ON L1N 2B9
Dear Dan:
This will confirm our mutual understanding of the following matter as a result of the
2008-2012 negotiations:
1.
Persons to Assist with Lunch Hour Supervision
The Board will budget for hiring of persons to assist with lunch supervision duties
in the elementary schools in order to ensure Teachers receive forty (40)
consecutive minutes for a lunch period. The maximum amount for each school
year will be $95,000. Allocation of the funding may be the subject of discussion at
the Board Level Staffing Committee. It shall be the responsibility of the Principals
to hire, train and supervise persons who are hired to assist Teachers with lunch
hour supervision, in accordance with the criteria developed by the joint committee.
2.
Home Visits
In accordance with Numbered Memo 220 (1999/2000), no Teacher shall be
required to conduct home visits. The School Visit Model does not preclude an
individual Teacher from choosing to participate in home visits if the Teacher feels
comfortable doing so; however, this is entirely the decision of the individual
Teacher.
3.
Program Protection
The Durham Catholic District School Board agrees to consult with the Teachers
before the implementation of any changes to or removal of programs.
DCDSB - OECTA Durham Elementary Teachers Unit
Collective Agreement 2008-2012
Page 60
LETTER OF UNDERSTANDING (cont’d)
4.
Relief Time for Reporting/Meeting with Parents
For the purpose of reporting to or meeting with parents, upon the request of the
Teacher, up to one-and-one-half (1½) days per school year of occasional Teacher
relief shall be provided to every Teacher whose kindergarten class exceeds the
maximum class size as prescribed under Article 14:02.
5.
Consultant Positions 2008 – 2012
The Board will attempt to maintain a complement of eight (8) Consultants during
the life of the Collective Agreement subject to funding from the Ministry of
Education and the budget approval process.
6.
Managed Health Care
All matters regarding definitions, adjudications period and alternative treatments
will be referred to the Managed Health Care Quarterly Review Meetings for
discussion and recommendations.
Sincerely,
Michael T. Gray, Assistant Superintendent,
Human Resources and Administrative Services
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LETTER OF UNDERSTANDING
November 7, 2008
Dan Gryzwacz, President
OECTA Durham Elementary Teachers Unit
310 Hopkins Street
Whitby, ON L1N 2B9
Dear Dan:
Re: E-Learning
In the event that the Board introduces E-Learning Programs for elementary school
students, representatives of the parties shall meet to discuss the implementation of
such programs for members of the bargaining unit. Such meetings shall be initiated at
the request of either party.
Sincerely,
Michael T. Gray, Assistant Superintendent,
Human Resources and Administrative Services
DCDSB - OECTA Durham Elementary Teachers Unit
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Page 62
LETTER OF UNDERSTANDING
June, 2005
(Letter renewed without amendments November 7, 2008)
Dan Gryzwacz, President
OECTA Durham Elementary Teachers Unit
310 Hopkins Street
Whitby, ON L1N 2B9
Dear Dan:
Re: Teacher-Librarians/Planning and Prep Time
Teacher-Librarians will not be required to do planning and preparation time coverage
during the course of this Agreement.
Sincerely,
Michael T. Gray, Assistant Superintendent,
Human Resources and Administrative Services
DCDSB - OECTA Durham Elementary Teachers Unit
Collective Agreement 2008-2012
Page 63
LETTER OF UNDERSTANDING
November 7, 2008
Dan Gryzwacz, President
OECTA Durham Elementary Teachers Unit
310 Hopkins Street
Whitby, ON L1N 2B9
Dear Dan:
Re: Transfer Procedure
The parties agree to continue a joint committee with equal representation to review
time lines and transfer procedures. The committee shall meet with the intent of
reaching a resolution prior to March 31, 2009.
If there are no agreed upon changes, the current transfer process shall continue to
operate.
Sincerely,
Michael T. Gray, Assistant Superintendent,
Human Resources and Administrative Services
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Collective Agreement 2008-2012
Page 64
LETTER OF UNDERSTANDING
November 7, 2008
Dan Gryzwacz, President
OECTA Durham Elementary Teachers Unit
310 Hopkins Street
Whitby, ON L1N 2B9
Dear Dan:
Re: FSL and Extended French Teachers
Those Teachers who are assigned as French as a Second Language and Extended
French Teachers will have the ability to post to a non-FSL or non-Extended French
posted position after five (5) years of service with the Board.
Sincerely,
Michael T. Gray, Assistant Superintendent,
Human Resources and Administrative Services
DCDSB - OECTA Durham Elementary Teachers Unit
Collective Agreement 2008-2012
Page 65
LETTER OF UNDERSTANDING
November 7, 2008
Dan Gryzwacz, President
OECTA Durham Elementary Teachers Unit
310 Hopkins Street
Whitby, ON L1N 2B9
Dear Dan:
Re: Board Committees
The Board recognizes the Bargaining Unit Executive as the duly elected
representatives of the Teachers in the employ of the Board. As such, the Board
agrees that if a Teacher representation is requested/required to represent Teachers on
a Board Committee, the selection of a Teacher shall be at the sole discretion of the
local unit executive. Notwithstanding it is the Board’s right to invite Elementary
Teachers to sit on such Committees.
Sincerely,
Michael T. Gray, Assistant Superintendent,
Human Resources and Administrative Services
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Collective Agreement 2008-2012
Page 66
LETTER OF UNDERSTANDING
November 7, 2008
Dan Gryzwacz, President
OECTA Durham Elementary Teachers Unit
310 Hopkins Street
Whitby, ON L1N 2B9
Dear Dan:
Re: Assessment, Evaluation and Report Cards
The parties agree on the importance of timely, relevant, comprehensive and
meaningful assessment and evaluation of Students’ learning.
In the 2009-2010 school year, one (1) Professional Activity Day will be designated for
the purpose of assessment and completion of report cards at the elementary level.
The day will be designated in the calendar prior to the first reporting period.
Effective September 2010, two (2) Professional Activity Days will be designated: one
(1) prior to the first reporting period and one (1) prior to the second reporting period.
Sincerely,
Michael T. Gray, Assistant Superintendent,
Human Resources and Administrative Services
DCDSB - OECTA Durham Elementary Teachers Unit
Collective Agreement 2008-2012
Page 67
LETTER OF UNDERSTANDING
November 7, 2008
Dan Gryzwacz, President
OECTA Durham Elementary Teachers Unit
310 Hopkins Street
Whitby, ON L1N 2B9
Dear Dan:
Re: Teacher Performance Appraisal
The parties agree to meet as soon as practically possible after ratification of this
Collective Agreement for the purpose of updating the previously agreed upon Teacher
Performance Appraisal Process Guidelines, 2005. The parties agree the updated
document will be posted on the Board’s Intranet website. The document will be
updated by June 30, 2009.
Sincerely,
Michael T. Gray, Assistant Superintendent,
Human Resources and Administrative Services
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Collective Agreement 2008-2012
Page 68
LETTER OF UNDERSTANDING
November 7, 2008
Dan Gryzwacz, President
OECTA Durham Elementary Teachers Unit
310 Hopkins Street
Whitby, ON L1N 2B9
Dear Dan:
Re: New Teacher Induction Program
The parties agree to meet as soon as practically possible after ratification of this
Collective Agreement for the purpose of updating the previously agreed upon New
Teacher Induction Program Guidelines, 2006/2007 and the NTIP mentoring guidelines.
The parties agree the updated document will be posted on the Board’s Intranet
website. The document will be updated by June 30, 2009.
Sincerely,
Michael T. Gray, Assistant Superintendent,
Human Resources and Administrative Services
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Collective Agreement 2008-2012
Page 69
LETTER OF UNDERSTANDING
November 7, 2008
Dan Gryzwacz, President
OECTA Durham Elementary Teachers Unit
310 Hopkins Street
Whitby, ON L1N 2B9
Dear Dan:
Re: Benefits
Benefits coverage shall be in accordance with this Collective Agreement as described
in the Elementary Teachers’ benefits booklet.
1.
The Board shall provide all required information as outlined in the PDT. This
information shall be provided in hard copy and in electronic format by January
31, 2009.
2.
The Board shall provide preliminary estimate of cost for the list of potential
benefit improvements as provided by the Union.
3.
The cost of the benefits improvements shall be established and based on the
information provided in (1) above. In the event that there is a disagreement
regarding the information provided or the costs quoted by the Board the
following shall apply:
i. In each case of self-insured benefit plans the Board shall provide the actual
costs of each benefit in actual dollars (including administrative and expense
costs) expended by the Board on a benefit by benefit basis in the previous
calendar year. These shall then be used as the basis for the cost
improvement(s);
ii. In the case where the benefit(s) are provided by an insurer and where the
insurer holds the liability, upon request from the Unit, the Board will contact
the insurer to provide the appropriate information;
iii. In the case where there is no actual Board data of benefit costs then the
average cost or customary cost of the benefit improvement as provided by
OTIP and based on industry standards and trends shall be used.
DCDSB - OECTA Durham Elementary Teachers Unit
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Page 70
LETTER OF UNDERSTANDING (cont’d)
4.
Prior to the 2010-2011 school year, the union shall provide the benefit or list of
benefits that shall be improved for the 2010-2011 school year and on a go
forward basis.
Effective September 1, 2008 any increases that are automatic (eg. ODA rates)
and funded for under Section 17 of the PDT Agreement (increase of GSN
benchmark) shall be adjusted each year of the agreement to maintain the status
quo. In accordance with the PDT Agreement, any enhancements to the benefit
package will be effective September 1, 2010.
The Board shall disclose to the bargaining unit all information related to benefits
listed in this Collective Agreement to inform decision making regarding the
enhancement of benefits by January 31, 2009. The nature of the disclosure
shall include, but not be limited to, any information required to be provided by
the Board in a public procurement process for benefit coverage by a carrier.
Sincerely,
Michael T. Gray, Assistant Superintendent,
Human Resources and Administrative Services
DCDSB - OECTA Durham Elementary Teachers Unit
Collective Agreement 2008-2012
Page 71
LETTER OF UNDERSTANDING
November 7, 2008
Dan Gryzwacz, President
OECTA Durham Elementary Teachers Unit
310 Hopkins Street
Whitby, ON L1N 2B9
Dear Dan:
Re: Senior Teacher
The parties agree to form a joint committee with equal representation as soon as
possible following ratification of this Collective Agreement for the purpose of
establishing best practices to support Teachers who are selected to be Senior
Teachers in their school.
Sincerely,
Michael T. Gray, Assistant Superintendent,
Human Resources and Administrative Services
DCDSB - OECTA Durham Elementary Teachers Unit
Collective Agreement 2008-2012
Page 72
LETTER OF UNDERSTANDING
November 7, 2008
Dan Gryzwacz, President
OECTA Durham Elementary Teachers Unit
310 Hopkins Street
Whitby, ON L1N 2B9
Dear Dan:
Re: Professional Learning
The parties to this Agreement note the provincial government’s intention, conditional
upon the approval of the Lieutenant-Governor-in-Council, to introduce an allocation in
the GSN to enhance professional learning opportunities for Teachers. The per pupil
funding benchmark will be as follows under the Pupil Foundation Grant:
ƒ $7.24 per elementary pupil in 2009-10;
ƒ $15.21 per elementary pupil in 2010-11; and
ƒ $23.07 per elementary pupil in 2011-12.
Sincerely,
Michael T. Gray, Assistant Superintendent,
Human Resources and Administrative Services
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Collective Agreement 2008-2012
Page 73
LETTER OF UNDERSTANDING
November 7, 2008
Dan Gryzwacz, President
OECTA Durham Elementary Teachers Unit
310 Hopkins Street
Whitby, ON L1N 2B9
Dear Dan:
Re: Planning and Preparation Time
The Parties note the provincial government’s intention, conditional upon approval by
the Lieutenant-Governor-in-Council, to fund planning and preparation time for
elementary Teachers are follows:
ƒ
ƒ
ƒ
ƒ
0.42 Teachers per 1,000 elementary pupils in 2009-10;
0.86 Teachers per 1,000 elementary pupils in 2010-11;
1.30 Teachers per 1,000 elementary pupils in 2011-12; and
1.74 Teachers per 1,000 elementary pupils in 2012-13.
The Board will advise OECTA on the assignment of staff generated by the increase in
elementary Teacher planning and preparation time.
Notwithstanding other provisions in this Collective Agreement, the Board may assign
the additional teaching staff generated by the increase in elementary planning and
preparation time above the 2008-09 level, to enable full-time school-based teaching
assignments in the Arts in more than one elementary school. This shall be done by the
Board in consultation with the Board Level Staffing Committee.
Sincerely,
Michael T. Gray, Assistant Superintendent,
Human Resources and Administrative Services
DCDSB - OECTA Durham Elementary Teachers Unit
Collective Agreement 2008-2012
Page 74
LETTER OF UNDERSTANDING
November 7, 2008
Dan Gryzwacz, President
OECTA Durham Elementary Teachers Unit
310 Hopkins Street
Whitby, ON L1N 2B9
Dear Dan:
Re: Grades 4-8 Class Size Reduction
The Parties to this Collective Agreement note the provincial government’s intention,
conditional upon the approval by the Lieutenant-Governor-in-Council, to fund in the
GSN a reduction of the average class size in grades 4 to 8 from 25.0 to 24.5 as
follows:
ƒ
ƒ
ƒ
ƒ
September 1, 2009
September 1, 2010
September 1, 2011
August 31, 2012
0.18 Teacher per 1,000 grade 4 to 8 pupils;
0.37 Teacher per 1,000 grade 4 to 8 pupils;
0.57 Teacher per 1,000 grade 4 to 8 pupils; and
0.96 Teacher per 1,000 grade 4 to 8 pupils.
The Board will hire the full complement of additional funded elementary Teachers that
result from the new allocation. The Board will advise the Board Level Staffing
Committee in the allocation of this additional staffing.
Sincerely,
Michael T. Gray, Assistant Superintendent,
Human Resources and Administrative Services
DCDSB - OECTA Durham Elementary Teachers Unit
Collective Agreement 2008-2012
Page 75
LETTER OF UNDERSTANDING
November 7, 2008
Dan Gryzwacz, President
OECTA Durham Elementary Teachers Unit
310 Hopkins Street
Whitby, ON L1N 2B9
Dear Dan:
Re: Grades 7 and 8 Student Success Teachers and Literacy Coaches
The parties to this Collective Agreement note the provincial government’s intention,
conditional upon the approval by the Lieutenant-Governor-in- Council, to introduce a
$20 million allocation in the GSN starting in the 2012-13 school year to support the
deployment of Grades 7 and 8 Literacy and Numeracy Coaches and Student Success
Teachers in the GSN for all school boards as follows: 0.32 Teacher per 1,000 grade 4
to 8 pupils.
Sincerely,
Michael T. Gray, Assistant Superintendent,
Human Resources and Administrative Services
DCDSB - OECTA Durham Elementary Teachers Unit
Collective Agreement 2008-2012
Page 76
LETTER OF UNDERSTANDING
November 7, 2008
Dan Gryzwacz, President
OECTA Durham Elementary Teachers Unit
310 Hopkins Street
Whitby, ON L1N 2B9
Dear Dan:
Re: Elementary Supervision
The parties to this Collective Agreement note the provincial government’s intention,
conditional upon the approval by the Lieutenant-Governor-in-Council, to introduce a
new allocation in the GSN Pupil Foundation Grant, starting in 2008-09 to enhance
funding for student supervision in elementary schools as follows:
ƒ
ƒ
ƒ
ƒ
$22.23 per elementary pupil in 2008-09;
$26.61 per elementary pupil in 2009-10;
$26.88 per elementary pupil in 2010-11; and
$20.06 per elementary pupil in 2011-12.
Sincerely,
Michael T. Gray, Assistant Superintendent,
Human Resources and Administrative Services
DCDSB - OECTA Durham Elementary Teachers Unit
Collective Agreement 2008-2012
Page 77
LETTER OF UNDERSTANDING
November 7, 2008
Dan Gryzwacz, President
OECTA Durham Elementary Teachers Unit
310 Hopkins Street
Whitby, ON L1N 2B9
Dear Dan:
Re: Article 10 – Cumulative Sick Leave
The parties agree that 50% of any cost savings generated from a reduction in
Elementary Teacher sick leave relative to the 2007-2008 school year base line data
shall be applied to enhance the employee benefits with an understanding that the
parties will discuss the application of such monies. As there is a direct correlation
between Teacher attendance and student achievement and in order to achieve these
cost savings, the Association will encourage Elementary Teachers to improve their
overall attendance.
Sincerely,
Michael T. Gray, Assistant Superintendent,
Human Resources and Administrative Services
DCDSB - OECTA Durham Elementary Teachers Unit
Collective Agreement 2008-2012
Page 78
LETTER OF INTENT
November 7, 2008
Dan Gryzwacz, President
OECTA Durham Elementary Teachers Unit
310 Hopkins Street
Whitby, ON L1N 2B9
Dear Dan:
Re: Procedure and Guidelines for Missed Planning and Preparation Time
Overview
To assist Teachers in their duties to plan, implement, evaluate and report,
arrangements will be made to provide periods of time when Teachers are not assigned
to a specific class or a group of students. Teachers assigned to specific classes or
groups of students will be scheduled planning/preparation time as required by the
Collective Agreement. Teachers assigned to other roles in a school (i.e., TeacherLibrarian, Program Support Teacher, ESL/ESD Teacher, etc.) will be provided with
similar time in order to conduct planning/preparation activities, such as, consulting and
conferring with Teachers, parents, or community agencies, planning and preparing of
curriculum materials, reviewing student progress, preparing for meetings, preparing
for conferencing with parents, etc. (Memo #185 1991-92)
The scheduling of such time should be done by the Principal in a collaborative manner
to meet the needs of the school.
Statement of Intent
The following protocol was jointly developed in accordance with Article 14:04(6) of the
Collective Agreement consistent with the intent of the parties as negotiated during the
2004-2008 round of contract negotiations.
The purpose of this protocol is to establish guidelines and procedures for which
Elementary Teachers are entitled to log missed Planning and Preparation Time, if they
so choose. Teachers shall be entitled to Planning and Preparation Time as provided
under the terms of Article 14:04 of the Collective Agreement.
DCDSB - OECTA Durham Elementary Teachers Unit
Collective Agreement 2008-2012
Page 79
LETTER OF INTENT (cont’d)
Logging Missed Planning and Preparation
After informing the Principal, Teachers are entitled to log missed Planning and
Preparation Time:
a) when time is missed because the Teacher assigned to provide the planning
and preparation time did not arrive or arrived late,
b)
when a Teacher is unable to take planning and preparation time due to
supervision requirements as a result of involvement in a school function (i.e.,
tournament, on a day or overnight class trip, school mass, school assembly,
guest presentations, testing, workshops, etc.)
Note: The exception to the above would be when Occasional Teacher coverage is
provided, the Occasional Teacher follows the schedule of the Teacher and receives
any scheduled planning and preparation time.
Procedure to Follow:
1.
Missed Planning and Preparation Time is recorded in the Planning and
Preparation Time logbook, which must be kept in the secretary’s area of the school
office in order that it may be accessed by staff at all times.
2.
A standard log sheet shall be used by all schools. The Teacher’s name, the date
of missed prep time, the amount of Missed Planning and Preparation Time, the
reason the time was missed, the date the missed time was recovered, and the
signature of the Teacher and the school Principal indicating the time was
recovered will appear on the log sheet.
3.
Teachers shall log missed Planning and Preparation Time in a timely fashion (1
week). It is incumbent upon the Teacher to discuss the missed Planning and
Preparation Time with the Principal prior to logging it.
4.
Principals shall arrange for the provision of missed Planning and Preparation Time
in a timely manner. The time frame will be discussed with the Teacher. Following
the recovery of Missed Planning and Preparation Time, both the Teacher and the
Principal shall jointly sign the log book sheet indicating same.
DCDSB - OECTA Durham Elementary Teachers Unit
Collective Agreement 2008-2012
Page 80
LETTER OF INTENT (cont’d)
5.
Any concerns regarding logged Missed Planning and Preparation Time that is
denied shall be addressed in the following manner:
i)
the Teacher shall first discuss the matter with the Principal and may inform
the OECTA Association Representative office if necessary;
ii)
should the matter remain as a concern for the Teacher, the Teacher will
inform her/his local OECTA Staff Representative who may in turn discuss
the issue with the school Principal;
iii) should the matter remain in dispute, the Association is to contact the
Principal and/or Family of School Superintendent with the intent to solve
the dispute;
iv) should the issue remain unresolved, the Association will continue
settlement discussions by referring the matter directly to the
Superintendent of Education-Human Resources or designate; and
v)
should the issue continue as unresolved, the Association may exercise its
rights under the Collective Agreement for a resolution.
Guidelines
In addition to the entitlements and references under Article 14:04 of the Collective
Agreement regarding Planning and Preparation Time the following are clarifications to
the Guideline and Procedural Manual:
1.
Planning and Preparation Time is allocated by minutes per week in a minimum of
twenty (20) minute blocks. Teachers are entitled only to the contractual
obligations under Article 14:04.
2.
There is no concept of banked Planning and Preparation time (i.e, the denial of
logged missed prep time because a Teacher received more than the minimum in
any previous week(s)).
3.
Prep time is provided during the instructional portion of the school day exclusive of
lunch and recess, and missed prep time is provided during the instructional portion
of the day, exclusive of lunch and recess.
DCDSB - OECTA Durham Elementary Teachers Unit
Collective Agreement 2008-2012
Page 81
LETTER OF INTENT (cont’d)
4.
The Planning and Preparation Time Teacher shall be responsible for the program,
assessment and evaluation and the preparation of the material used during his/her
time in the classroom.
5.
The Association Representative, after discussion with the Principal, shall have
access to the Planning and Preparation Time log book at any time, and may copy
all or part of the log book.
6.
All missed logged Planning and Preparation time will be provided by the end of the
school year. In the rare instances where that is not possible and where the
Teacher will continue to teach at the same location the following academic year,
arrangements will be made with the Principal through the Teacher and the
Association, for provision of missed time early in the first term of the following year.
7.
The logbook shall be kept on file at the school and archived.
8.
Advance notice shall be given to the Teacher when missed prep time is scheduled.
Whenever possible, the minimum notification time shall be one half-day.
9.
The Planning and
timetables/schedules.
Preparation
time
shall
appear
on
all
Teachers’
10. The timetable/schedule of a Teacher will be made available to the Association
upon request.
11. Planning and Preparation time is pro-rated for members working less than 1.0 fulltime equivalency.
12. Planning and preparation time is pro-rated for weeks with less than five (5)
instructional days.
13. Logging missed prep time or taking scheduled prep time shall not be referenced in
a Teacher’s Performance Appraisal.
14. Teachers shall not leave the school location on their scheduled Planning and
Preparation time. Exceptions may be granted upon the Principal’s approval.
DCDSB - OECTA Durham Elementary Teachers Unit
Collective Agreement 2008-2012
Page 82
LETTER OF INTENT (cont’d)
15. In the event that Planning and Preparation Time needs to be re-arranged
temporarily (i.e., for a day or two) to meet a need in a school, it shall be the
responsibility of the Principal to ensure a temporary schedule is developed in
consultation with the Teacher.
Sincerely,
Michael T. Gray, Assistant Superintendent,
Human Resources and Administrative Services
Durham Catholic District School Board
Catholic Education: Learning & Living in Faith
ELEMENTARY
SCHOOL TEACHER
TRANSFER
Policy, Guidelines
and Procedures
Durham Catholic District School Board
OECTA Durham Elementary Unit
January 2006
DCDSB - OECTA Durham Elementary Teachers Unit
Teacher Transfer Guidelines
Page 2
Durham Catholic District School Board
ELEMENTARY SCHOOL
TEACHER TRANSFER POLICY,
GUIDELINES & PROCEDURES
TABLE OF CONTENTS
Subject
Page
Statement of Policy
3
Guidelines
4
Procedures
5
Teacher-Exchange Transfers
6-7
Teacher-Exchange Information Form
8
Application for Teacher-Exchange Transfer Form
9
Transfer to Posted Position
10-12
Application for Transfer to Posted Position Form
13
Administrative Teacher Transfers
14-15
Application for Teacher-Initiated Transfer Form
16
Opening of a New School
17
Timelines for Teacher Transfers
17
DCDSB - OECTA Durham Elementary Teachers Unit
Teacher Transfer Guidelines
Page 3
TEACHER TRANSFER POLICY
WHEREAS the Board is cognizant of its rights and responsibilities given under the
Education Act and Regulations; and
WHEREAS the Board attempts to be responsive to the needs of its students and
Teachers; and
WHEREAS the Board endeavours to maintain integrity and balance of program and
services; and
WHEREAS the Board recognizes its Teachers’ legitimate requests for new teaching
assignments; and
WHEREAS the Board attempts to provide new challenges for the professional growth
of its Teachers; and
WHEREAS the Board endeavours to fulfill its obligations with respect to contractual
and collective agreement requirements;
THEREFORE, the Durham Catholic District School Board permits the Director of
Education or designate to transfer Teachers under its jurisdiction within the parameters
of the attached Guideline.
DCDSB - OECTA Durham Elementary Teachers Unit
Teacher Transfer Guidelines
Page 4
GUIDELINES
The Director of Education or designate may approve the transfer of Teachers provided:
A.
(1) That the transfer is made according to the established time frame with
respect to the approved transfer procedures in order to respond to the
requirements of the Education Act, the Regulations, the Teacher Collective
Agreement or any other legal undertaking by which the Board is bound.
(2) That all Teacher vacancies which satisfy the criteria outlined in the
established procedures are promulgated throughout the school system so
that Teachers may be made aware of all such vacancies.
(3) That the integrity and stability of the respective school’s program is ensured.
(4) That consideration be given to transfer requests as follows:
• transfer requests of the Superintendent(s) and/or Principal(s) which are
made for the well being of the school(s) or system;
• transfer requests made by Teachers for reasons of health as certified by
a qualified medical practitioner;
• transfer requests by virtue of the displacement of students/ Teachers
from one school to another;
• transfer requests by virtue of mutual exchange or position sharing
arrangements.
(5) That the procedures adopted by the Director with reference to this policy and
these guidelines are developed and reviewed in a co-operative manner with
the appropriate Teacher affiliates.
B.
Notwithstanding the above, the Director of Education or designate may transfer a
Teacher at any time for reasons he/she deems appropriate in order to fulfill
legislative, contractual, collective agreement, program, personnel or
compassionate requirements.
DCDSB - OECTA Durham Elementary Teachers Unit
Teacher Transfer Guidelines
Page 5
PROCEDURES
TYPES OF TEACHER TRANSFERS
A.
Teacher-Exchange Transfers
Transfers arranged by two (2) Teachers, with the consent of their respective
Principals, involving an exchange of schools and teaching positions for a
specified term.
B.
Transfer to a Posted Position
Transfers arising from the initiative of a Teacher seeking a position which has
been advertised by the Board.
C.
Administrative Teacher Transfers
Transfers which are initiated by a Teacher, Principal and/or a Superintendent.
These categories are broadened in the following sections which detail criteria and
procedures.
It is understood that the Director or designate has the right to effect any transfer or
placement made necessary because of circumstances which were unforeseen and/or
do not fall within the scope of any of the procedures outlined in this document.
DCDSB - OECTA Durham Elementary Teachers Unit
Teacher Transfer Guidelines
Page 6
TEACHER-EXCHANGE TRANSFERS
A.
Definition
A Teacher-Exchange Transfer is a transfer in which the individual Teacher, after
discussion with the Principal, takes the initiative to affect a desired exchange with
a Teacher in another school.
Such transfers:
• will be for a period of one (1) school year;
• will be effective as of September 1st of the following school year;
• may be renewed for one (1) additional year with the agreement of the
Teachers, Principals and Superintendent(s) involved, on or before April 1st,
using the “Application for Teacher-Exchange Transfer” form.
Final approval will be determined by the Assistant Superintendent – Human
Resources and Administrative Services in consultation with the Family of Schools
Superintendent.
B.
Criteria
In all situations, the following criteria must be met:
Teachers interested in effecting a Teacher-Exchange Transfer:
1)
2)
3)
4)
must hold permanent status with the Board;
must be judged fully qualified by both the Ministry and the Board to carry
out all responsibilities in the exchange situation;
must have a minimum of three (3) consecutive years of experience in
his/her present school; and
must ensure that the Teachers and Principals involved are in agreement
prior to submitting an application for approval to the Assistant
Superintendent – Human Resources and Administrative Services.
DCDSB - OECTA Durham Elementary Teachers Unit
Teacher Transfer Guidelines
Page 7
TEACHER-EXCHANGE TRANSFERS (cont’d)
C.
Procedures to Follow
1)
Teacher-Exchange Information form is to be submitted to the Human
Resources and Administrative Services Department through the Board’s
Intranet website on or before April 1st.
2)
It is incumbent upon the individual Teacher, after consultation with the
school Principal, to find an exchange partner as posted on the Board’s
protected Intranet website.
3)
The Teachers who have agreed to exchange shall submit one application
with the appropriate signatures to the Human Resources and
Administrative Services Department on or before April 1st.
4)
The Human Resources and Administrative Services Department will return
copies of the application form indicating signatures of approval to exchange
to the Teachers and Principals concerned on or before April 30th.
DCDSB - OECTA Durham Elementary Teachers Unit
Teacher Transfer Guidelines
Page 8
Durham Catholic District School Board
Teacher-Exchange Information Form
This form is referred to in the Teacher Transfer Booklet as Form TPR 10(D)
I wish to submit my name for inclusion on the list of Teachers seeking information on Teacher-Exchange
Transfers.
I understand that it is incumbent on myself to find an exchange partner and to satisfy all criteria and follow all
procedures as outlined in the Teacher Transfer Procedures.
Name: ___________________________________
Telephone: __________________________________
Address:_____________________________________________________________________________________________________
_____________________________________________________
Postal Code:___________________________________________
Current School(s): __________________________
Telephone: __________________________________
__________________________________________
Telephone: __________________________________
Grades/Divisions/Subjects Currently Taught:___________________________________________________
_______________________________________________________________________________________
Grades/Divisions/Subjects Sought:___________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
Special Interests:_________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
Date: ______________________
Signature of Teacher:
________________________________________
N.B. Completed form must be received by the Human Resources Department on or before April 1st.
DCDSB - OECTA Durham Elementary Teachers Unit
Teacher Transfer Guidelines
Page 9
Durham Catholic District School Board
Application for Teacher-Exchange Transfer
This form is referred to in the Teacher Transfer Booklet as Form TPR 10(A)
Indicate One:
Initial Application:
The undersigned Teachers agree to exchange teaching responsibilities for a period of
one (1) school year commencing September 1, 20____, with the agreement of the
Principals concerned.
Renewal Application:
The undersigned Teachers agree to renew the Teacher-Exchange Transfer for one
additional school year commencing September 1, 20____, with the agreement of the
Principals concerned.
This Exchange has been arranged according to the criteria
and through the procedures outlined for Teacher-Exchange.
Name: ________________________________________________
Name: ________________________________________________
Current Schools: ________________________________________
Current Schools: ________________________________________
Anticipated Position at Exchange School:
Anticipated Position at Exchange School:
______________________________________________________
______________________________________________________
Teacher=s Signature:_____________________________________
Teacher=s Signature:_____________________________________
Principal=s Signature:_____________________________________
Principal=s Signature:_____________________________________
Superintendent=s Signature: _______________________________
Superintendent=s Signature: _______________________________
N.B. Forward all copies to the Human Resources Department (on or before April 1st) for distribution to the
Superintendent(s) concerned.
Copies of this application form will be returned to the Teachers and Principals concerned on or before
April 30th.
Approved
______________________________________________________
Date
Not Approved
______________________________________________________
Superintendent of Education - Human Resources:
DCDSB - OECTA Durham Elementary Teachers Unit
Teacher Transfer Guidelines
Page 10
TRANSFER TO POSTED POSITION
A.
Definition
A transfer to a posted position is a transfer which arises from the initiation of a
member of the Elementary Bargaining Unit in seeking a position which has been
advertised. A posting ensures that all staff are aware of openings and those
qualified are given the opportunity to be considered. Except for exchanges, a
Teacher-initiated transfer must be processed through this posting procedure.
B.
C.
Criteria
1)
Posted positions shall include only those positions that become effective at
the elementary level on September 1.
2)
Posted positions shall not include openings arising from leaves or
secondments of less than one (1) school year.
3)
For September 1st postings, there shall only be a requirement to post
positions on the first teaching Monday in May and the end of the 3rd or 4th
cycle as time permits will continue on two week cycles for a maximum of
four cycles. Postings will be issued on the first working day of each posting
cycle. The date of the first round of postings will be determined by the
Board Level Staffing Committee as per article 16:03.
4)
Vacancies that arise during the school year shall be filled by long term
Occasional Teachers.
5)
Postings for positions of responsibility, positions that provide an allowance,
will be advertised and filled according to the Collective Agreement.
Procedures to Follow
1)
In order to offer all members of the Elementary Bargaining Unit the
opportunity to apply for any positions, all such positions shall be posted
throughout the system when they occur and may be advertised externally
as well. A copy of all Teacher postings will be posted to all members of the
bargaining unit through the Board’s Intranet system.
DCDSB - OECTA Durham Elementary Teachers Unit
Teacher Transfer Guidelines
Page 11
TRANSFER TO POSTED POSITION (cont’d)
C.
Procedures to Follow (cont’d)
2)
The posting shall include the following:
•
•
•
•
•
•
Posting number;
School;
Division and/or grade(s);
Area of specialty (if applicable);
Effective date of opening;
Qualifications:
a. Ministry required;
b. Additional Qualification Courses
• Closing date for application – a minimum of four (4) working days after
the position is posted.
3)
All notices of posted positions shall be placed on the Board Intranet until
the closing date. A notice of the posting will be e-mailed to all Teachers.
A copy of the posting shall also be provided to the Principal and the
Association Representative in each school.
4)
A Teacher applying for a transfer to a posted position shall submit an
application which must be received at the Human Resources Department
on or before the specified closing date. A Teacher must hold the required
qualifications at the time of application.
5)
The receiving Principal shall receive a copy of the four most senior,
qualified applications. If ties in seniority generate more than four (4)
applicants following the application of Article 16:01(5), those Teachers shall
be interviewed.
6)
The Principal will arrange interviews with the candidates (only qualified
candidates need to be interviewed).
DCDSB - OECTA Durham Elementary Teachers Unit
Teacher Transfer Guidelines
Page 12
TRANSFER TO POSTED POSITION (cont’d)
C.
Procedures to Follow (cont’d)
7)
The successful candidate shall be selected based upon the following
criteria:
• Required Ministry qualifications for the position;
• Documented Teacher performance appraisals and/or a letter from the
Teacher’s Principal or supervisor;
• Skills and ability to perform the requirements of the position as
advertised and assessed through the interview process;
• Where two or more candidates are determined to be relatively equal
for the position in accordance with the above criteria, the position will
be offered to the Teacher with the most seniority;
• In the exercise of this process, the Board shall not make a decision
which is arbitrary, discriminatory or in bad faith.
8)
The Principal will inform the Human Resources and Administrative Services
Department of the recommendation by the Wednesday immediately
following the closing date.
9)
Upon confirmation of the selection by the Human Resources and
Administrative Services Department, the Principal shall inform all applicants
in writing, forthwith, as to their status.
10) Upon receipt of the Principal’s recommendation, the Human Resources and
Administrative Services Department shall confirm the transfer of the
successful candidate in writing within five (5) working days after the
completion of the interviews.
11) The Human Resources and Administrative Services Department will
forward to the Association the names of all applicants for each posted
position indicating those selected for interview and the name of the
successful applicant for each position. This will be done at the conclusion
of the posting cycles.
DCDSB - OECTA Durham Elementary Teachers Unit
Teacher Transfer Guidelines
Page 13
Durham Catholic District School Board
Application for
Transfer to a Posted Position
This form is referred to in the Teacher Transfer Booklet as Form TPR 10(C)
Location of Posted Position: __________________________________________
No.: ________________
Division/Grade(s)/Subject(s):________________________________________________________________
Closing Date:____________________________________________________________________________
Teacher:_______________________________________________________________________________
Status:
Permanent
Probationary
(as of date of application)
Present Employment Status:
Full Time
Part Time
Present School(s)/Placement:_______________________________________________________________
Present Division/Grade(s)/Subject(s):_________________________________________________________
Number of Years in Present School(s)/Placement:_______________________________________________
Total Number of Years with the Board: __________
Total Years Experience: ________________________
Basic Qualifications:
(per Certificate of Qualifications)
________________________________________________________________________________________
________________________________________________________________________________________
Additional Qualification Courses:
(per Certificate of Qualifications)
________________________________________________________________________________________
________________________________________________________________________________________
Other Information:
_______________________________________________________________________________________
________________________________________________________________________________________
Date: _____________________________
Signature of Teacher: _______________________________________________________
N.B. Ensure that your Principal and the Human Resources Department receive a copy of this application on or before the
specified closing date.
DCDSB - OECTA Durham Elementary Teachers Unit
Teacher Transfer Guidelines
Page 14
ADMINISTRATIVE TEACHER TRANSFERS
A. Definition
An Administrative Teacher Transfer is a transfer which is initiated by either a
Teacher, Principal and/or a Superintendent.
B. Criteria
1) Transfers by Mutual Consent
Transfers by mutual consent may occur at any time during the year with the
mutual consent of the Teacher, Principal and Superintendent(s).
2) Principal and/or Superintendent Initiated Transfers
Where the Teacher has been recommended for a transfer by the Principal
and/or the Superintendent, reasons shall be provided in writing and time
given for the Teacher to participate in the established procedures.
3) Teacher Initiated Administrative Transfers
A Teacher Initiated Administrative Transfer describes the process whereby
a Teacher unilaterally requests a change in assignment from one teaching
staff to another within the system. It is independent of the existence of
known vacancies. The Teacher is guaranteed a transfer through this
process if a placement in any position for which the Teacher is qualified, is
available in one of the three geographic areas selected by the Teacher.
Criteria
(i)
A Teacher shall not withdraw this request for transfer once it has
been forwarded to the Human Resources and Administrative
Services Department.
(ii) The decision in regard to the placement of the Teacher rests with the
Assistant Superintendent - Human Resources and Administrative
Services.
DCDSB - OECTA Durham Elementary Teachers Unit
Teacher Transfer Guidelines
Page 15
ADMINISTRATIVE TEACHER TRANSFERS (cont’d)
B. Criteria (cont’d)
Procedure to Follow
(i)
A Teacher seeking a Teacher Initiated Administrative Transfer will:
(a) complete the appropriate form for Teacher Initiated
Administrative Transfer;
(b) deliver a copy of the form to the current Principal;
(c) forward the form to the Human Resources and Administrative
Services Department on or before April 1st.
(ii) The Assistant Superintendent - Human Resources and Administrative
Services will inform the Teacher in writing of the new placement
before April 30th.
(iii) Teachers transferred through this process may not apply for any
further posted positions during the current posting period.
4) Circumstantial Transfers
Circumstantial Transfers are the result of circumstances generally created
by events external to schools and the staff. These may include:
• conditions created by declining or increasing enrolment;
• closing, relocation or change of designation of a school.
5) Where the Teacher is to be transferred by the Board from a school in one
municipality to a school in another municipality, the Board agrees to notify
the Teacher in writing on or before the first day of May immediately prior to
the school year for which the transfer is effective, but nothing in this
paragraph prevents the transfer of a Teacher at any time by mutual
consent of the Board and the Teacher.
DCDSB - OECTA Durham Elementary Teachers Unit
Teacher Transfer Guidelines
Page 16
Durham Catholic District School Board
Application for Teacher-Initiated
Administrative Transfer
Teacher:_______________________________________________________________________________
F.T.E.:
Full time
Part time
Present school(s)/placement:________________________________________________________________
Present grade level(s) and/or function:
_______________________________________________________
Number of years in present school(s)/placement: ________________________________________________
Total number of years with the Board:
________________________________________________________
Teacher must select at least 3 of the 6 following geographic areas:
Oshawa _____
Uxbridge / Beaverton _____
Whitby _____
Ajax _____
Pickering _____
Brooklin / Port Perry ______
Teacher must indicate reason(s) for request:
_____ Change in school size
Other: (personal, travel consideration,
child care arrangements, etc.)
_____ Opportunity for grade partner
__________________________________
_____ Opportunity for experience in other divisions
I understand that once this form has been signed and forwarded to Human Resources and Administrative Services
Department, it cannot be rescinded.
I understand that should a vacancy arise in one of the three (3) geographic areas that I have selected above, for which I
am qualified, a transfer will occur.
I understand that once a transfer has been made, I am not eligible to post to any Academic Posted Positions for the
remainder of the current school year.
Date: _____________________________
Signature of Teacher: ________________________________________________________
N.B. Ensure that your Principal receives a copy of this application and forward the original copy to the Human
Resources and Administrative Services Department on or before April 1.
Transfer Approved
Date:________________________
Transfer Not Approved
Superintendent of Education –
Human Resources and Administrative Services________________________________________
THE COMPLETION OF THIS FORM DOES NOT GUARANTEE A TRANSFER
DCDSB - OECTA Durham Elementary Teachers Unit
Teacher Transfer Guidelines
Page 17
OPENING OF A NEW SCHOOL
The following dates are to apply with respect to the transfer of Teachers to the new
school whose opening will affect the enrolment and staffing of an existing school(s).
Posting of Available Positions
1) For the opening of a new school, the first posting for those schools affected by
the opening will be made within five (5) working days of the appointment of the
Principal but no later than February 15.
2) The second posting will be made within sixteen (16) working days of the first
posting.
Notification of the successful applicants in (1) and (2) above will be made within fifteen
(15) working days of the closing date.
Note: Although Teachers from a school(s) that are affected by the opening of a new
school will have the first opportunity to apply as a staff member in the new school, the
recommendation for placement in the new school rests solely with the Principal of the
new school and the respective Family of Schools Superintendent.
TIMELINES FOR TEACHER TRANSFERS
TEACHER EXCHANGE TRANSFERS
Teacher-Exchange Information Form TPR 10(d) to be submitted
On or before April 1
Notification of Teacher-Exchange Transfers will be given
By April 30th
TRANSFER TO POSTED POSITIONS
Application [TPR 10(c)] to be received on or before specified closing date
Notification to all applicants will occur when position is filled
Note: New Teachers to the Board hired effective September 1 shall be placed after the Transfer
process has been completed.