Part A - Central Terms

TERM, NOTICE AND RENEWAL OF COLLECTIVE AGREEMENT

1.1Term of Agreement

The term of this collective agreement, including central terms and local terms, shall be for a period of four (4) years from September 1, 2022 to August 31, 2026 inclusive.

1.2Amendment of Terms

While a collective agreement is in operation, the central terms of this agreement, including term, may only be amended in accordance with the School Boards Collective Bargaining Act, 2014.

1.3Notice to Bargain

Whereas central bargaining is required under the School Boards Collective Bargaining Act, 2014, notice to bargain centrally shall be in accordance with that Act, and with the Labour Relations Act. Notice to bargain centrally constitutes notice to bargain locally.

SALARY, WAGES, ALLOWANCES

2.1 School boards shall adjust their current salary grids, and wage schedules in accordance with the following schedule:

• September 1, 2022: 3.00%
• September 1, 2023: 3.00%
• September 1, 2024: 2.75%
• September 1, 2025: 2.50%

SICK LEAVE/SHORT-TERM LEAVE AND DISABILITY PLAN - PERMANENT TEACHERS

3.1 Sick Leave Benefit Plan

The school board will provide a sick leave/short-term leave and disability plan which will provide sick leave days and short-term leave and disability coverage to permanent full-time and part-time teachers, when the teacher is ill or injured or for purposes of personal medical appointments as described below. Teachers employed in a term position (including but not limited to adult and continuing education assignments) or filling a long-term assignment, shall be eligible to receive sick leave benefits under this plan in accordance with the provisions in the Sick Leave/Short- Term Leave and Disability Plan - Long-Term Occasional Teachers and Teachers Employed in a Term Position. A teacher is eligible for a full allocation of sick leave and short-term leave and disability plan days regardless of start date of employment. Sick leave/Short-Term Leave and Disability Plan days will be deducted in increments consistent with existing practices.

3.2 Sick Leave Days

Subject to paragraphs 3.4-3.8 below, full-time teachers will be allocated eleven (11) sick days payable at one hundred percent (100%) of salary on the first day of each school year. (Clarification- For permanent full time teachers the rate will be calculated by dividing annual grid salary inclusive of any applicable allowances, by 194.) When a teacher's employment status is less than full time, the teacher's eligibility for sick leave credits shall be prorated by the ratio that the teacher's FTE status is to full time status. Teachers on an unpaid leave of absence are not eligible to access benefits under this article for the portion of the workday for which the teacher is on an unpaid leave of absence. Sick leave days may be used for reasons of personal illness and injury, and personal medical appointments.

3.3 Short-Term Leave and Disability Plan (STLDP)

Subject to paragraphs 3.4-3.8 below, full-time teachers will be allocated one hundred and twenty (120) STLDP days on the first day of each school year. If a teacher's employment status is less than full time, the teacher's eligibility for short- term disability days shall be prorated by the ratio that the teacher's FTE status is to full time status. Teachers on an unpaid leave of absence are not eligible to access benefits under this article for the portion of the workday for which the teacher is on an unpaid leave of absence. Teachers eligible to access short-term leave and disability coverage shall receive payment equivalent to ninety percent (90%) of annual grid salary (calculated by annual grid salary inclusive of any applicable allowances, multiplied by 90% divided by 194), in accordance with the terms of this central agreement.

3.4Teacher Pension Plan Implications

3.4.1	Contributions will be made by the employee/plan member on the unpaid portion of each sick leave day under the STLDP, unless directed otherwise in writing by the employee/plan member;
3.4.2	If not approved for LTD/LTIP, such absence shall be subject to existing plan provisions.
3.4.3	If the plan member/employee exceeds the maximum allowable sick-days and does not qualify for Long-Term Disability (LTD)/Long-Term Income Protection (LTIP), pension contributions will cease and the employee is not eligible to earn pensionable service until the LTD/LTIP claim is re-assessed and approved or if the employee returns to active employment whether on a part time or graduated basis. 3.4.3.1 Contributions will be made by the employee/plan member on the unpaid portion of each sick leave day under the STLDP, unless directed otherwise in writing by the employee/plan member; 3.4.3.2 If not approved for LTD/LTIP, such absence shall be subject to existing plan provisions.

3.5Eligibility and Allocation

3.5.1	The allocations outlined in paragraphs 3.2 and 3.3 above, will be provided on the first day of each school year. In the event that a teacher is absent on the first day of the school year, the allocations outlined in paragraphs 3.2 and 3.3 above will be granted subject to the restrictions outlined in paragraphs 3.5.3 to 3.5.5. If a teacher is absent on the last day of a school year and the first day of the following school year for unrelated reasons, the allocations outlined in paragraphs 3.2 and 3.3 above will be provided on the first day of the school year.
3.5.2	Changes to the teacher's employment status during a school year shall result in an adjustment to allocations, as per 3.2 Sick Leave Days and 3.3 Short-Term Leave and Disability Plan.
3.5.3	Where a teacher is accessing sick leave and/or the short-term leave and disability plan in a school year and the absence for the same condition continues into the following school year, the teacher will continue to access any unused sick leave days or short-term disability days from the previous school year's allocation. A new allocation in accordance with paragraphs 3.2 and 3.3 will not be provided to the teacher until the teacher has submitted medical clearance (consistent with the requirements of paragraph 3.7) confirming that the teacher is able to return to work and a bona fide return to work occurs.
3.5.4	A teacher who has utilized 131 days of combined sick leave and short-term leave and disability leave in the immediately preceding school year and continues to be absent for the same condition must provide medical clearance (consistent with the requirements of paragraph 3.7) confirming the teacher is able to return to work and a bona fide return to work occurs, before the teacher will be allocated further leave under this Article in the next school year.
3.5.5	A teacher returning from a long-term disability leave must provide medical clearance (consistent with the requirements of paragraph 3.7) confirming the teacher is able to return to work and a bona fide return to work occurs for the teacher to receive a new allocation of sick leave/short-term leave and disability leave. If the teacher has a recurrence of the same illness or injury the teacher is required to apply to reopen the previous LTD or WSIB claim.
3.5.6	WSIB remains first payor. A teacher who is receiving benefits under the Workplace Safety and Insurance Act, is not entitled to benefits under a school board's sick leave and short-term leave and disability plan for the same condition. However, where a teacher is receiving partial benefits under WSIB, they may be entitled to receive benefits under the sick leave plan, subject to the circumstances of the specific situation. During the interim period from the date of injury/incident or illness to the date of approval by the WSIB of the claim, the teacher may access sick leave and short-term leave and disability coverage. A reconciliation of sick leave deductions made and payments provided, will be undertaken by the school board once the WSIB has adjudicated and approved the claim. In the event that the WSIB does not approve the claim, the school board shall deal with the absence consistent with the terms of this sick leave and short-term leave and disability plan.
3.5.7	LTD remains first payor. A teacher who is receiving benefits under an LTD plan, is not entitled to benefits under a school board's sick leave and short-term leave and disability plan for the same condition. However, where a teacher is receiving partial benefits under an LTD plan, they may be entitled to receive benefits under the sick leave plan, subject to the circumstances of the specific situation. During the interim period from the date of injury/incident or illness to the date of approval by the LTD carrier of the claim, the teacher may access sick leave and short-term leave and disability coverage. A reconciliation of sick leave deductions made and payments provided, will be undertaken by the school board once the LTD carrier has adjudicated and approved the claim. In the event that the LTD carrier does not approve the claim, the school board shall deal with the absence consistent with the terms of this sick leave and short-term leave and disability plan.
3.5.8	Where a teacher is not receiving benefits from another source, and is working less than their full time equivalency in the course of a graduated return to work as the teacher recovers from an illness or injury, the teacher may use any sick/short-term leave and disability allocation remaining, if any, for the portion of the day where the teacher is unable to work due to illness or injury. A partial sick/short-term leave day will be deducted for an absence of a partial day in the same proportion as the duration of the absence is to a full instructional day.

3.6Short-Term Leave and Disability Plan Top-Up (STLDPT)

For teacher absences that extend beyond the eleven (11) sick leave days provided above, teachers will have access to a sick leave top up for the purpose of topping up salary to one hundred percent (100%) under the Short-term Leave and Disability Plan.

This top up is calculated as follows:

3.6.1	Eleven (11) days less the number of sick days used in the prior year. These days constitute the top-up bank.
3.6.2	In addition to the top-up bank, compassionate leave top-up may be considered at the discretion of the board. The compassionate leave top-up will not exceed two (2) days and is dependent on having two (2) unused leave days in the current year. These days can be used to top-up salary as described in 3.6.1 above.
3.6.3	When teachers use any part of a short-term sick leave day they may access their top-up bank to top up their salary to 100%. For clarity, one day in a top- up bank may be used to top-up ten days of STLDP from 90% to 100% of salary.

3.7Administration

3.7.1	A school board may request medical confirmation of illness or injury confirming the dates of absence, the reason therefore (omitting a diagnosis), the teacher's prognosis and any limitations or restrictions. Medical confirmation will be required to be provided by the teacher as determined by the school board for absences of 5 consecutive days or greater. Boards are entitled to make reasonable follow up requests and seek reasonable periodic updates. Requests shall be sent to the teacher who shall be responsible for authorizing their medical practitioner to respond in a timely fashion. The medical confirmation and follow up requests may be required to be provided in the attached form (Appendix B) or on forms as mutually agreed between the school board and the Association, where appropriate. Where a school board requires the completion of the attached form (or other similar form) it shall reimburse the cost up to a maximum of $45.00, or in accordance with existing practice (i.e. the manner in which it was reimbursed as of August 31, 2014).
3.7.2	School boards shall provide to the local unit president(s) a list of all teachers who have been absent for eleven (11) or more consecutive days within a week following the end of each calendar month. This report shall be for the purpose of activating the early intervention program associated with the OECTA LTD plan.
3.7.3	Teachers returning to work after an extended medical leave of absence or seeking accommodation will be required to provide medical clearance (consistent with the requirements herein) providing confirmation of fitness to return to work, outlining any limitations or restrictions prior to returning to active employment. A return to work meeting shall occur prior to the teacher returning to active employment. The returning teacher, the unit president (or designate) and Human Resource Supervisory Officer (or designate) shall be notified of and entitled to attend the return to work meeting. The parties agree that return to work meetings are to be scheduled in a timely manner but not more than ten (10) weekdays after receiving medical clearance and any reasonably required follow up to return to active employment. Requests for follow up information shall be made in a timely manner. The timelines may be extended if there are extenuating circumstances, by mutual agreement.
3.7.4	In cases where a teacher refuses to reasonably cooperate in the administration of the sick leave and short-term leave and disability plan, access to compensation may be suspended or denied. Before access to compensation is denied, discussion will occur between OECTA and the school board. Compensation will not be denied for the sole reason that the medical practitioner refuses to provide the required medical information. In such cases, a school board may require an independent medical examination to be completed by a medical practitioner qualified in respect of the illness or injury at issue of the school board's choice at the school board's sole expense. In cases where the teacher's failure to cooperate is the result of a medical condition, the board shall consider those extenuating circumstances in arriving at a decision.
3.7.5	Medical information collected under this article will not be subject to unreasonable review by boards. Boards will accommodate limitations and restrictions consistent with their duty to accommodate.

3.8Long Term Disability (LTD)

3.8.1	The school board shall cooperate in the administration of the LTD Plan. It is understood that administration means that the school board will co-operate with the enrolment and deduction of premiums and provide available necessary data to the insurer, upon request. The school board will remit premiums collected to the carrier on behalf of the teachers.
3.8.2	Where the plan administrator implements changes in the terms and conditions of the LTD Plan or the selection of an insurance carrier, the school board shall, for administrative purposes, be advised of changes at least thirty (30) days prior to the date the changes are to be implemented.
3.8.3	The Association is the policyholder of the Long-Term Disability Plans effective January 1, 2013, except as determined by 3.8.9 below. School boards shall promptly provide all data, related to the Long-Term Disability Plans, as requested by the Association's carrier.
3.8.4	All teachers shall participate in the Long-Term Disability Plan as a condition of their employment subject to the terms of the respective plan.
3.8.5	The Association will work with school boards and/or OCSTA to consider including non-teaching staff in a separate plan(s) where the viability of a current LTD plan remains in question after the teachers are withdrawn from the existing plan. The Association will decide upon any request by a school board whether or not to accept other employee groups into a long term disability plan(s), subject to plan provisions as determined by the Association.
3.8.6	The school boards shall enroll all teachers, identified in paragraph 3.8.4 above, in the Long-Term Disability Plan in the manner prescribed by the Association.
3.8.7	The school boards shall complete the Plan Administrator Statement as required by the plan provisions. The plan provider shall provide teachers identified in paragraph 3.8.4 above represented by the Association with LTD Claim kits.
3.8.8	The school boards shall be responsible for the deduction and remittance of LTD premium contributions within fifteen (15) days in the manner prescribed by the Association. Boards shall be responsible for collecting premiums from teachers who are on a leave of absence from the board.
3.8.9	The Association shall consider requests by the Dufferin-Peel, Huron-Superior and London District Catholic School Boards to be a part of the Association Long-Term Disability Plan. The school boards shall continue to pay the LTD premiums for teachers and remit said premiums in accordance with paragraph 3.8.8 above unless otherwise agreed to by those school boards and the respective local units of the Association.
3.8.10	The Association shall assume all other administrative functions of the Long- Term Disability Plans for the Teachers.
3.8.11	The Association shall determine the design of the Long-Term Disability Plans, the terms and conditions of the plans and the selection of carrier(s), except for those boards listed in 3.8.9 above.
3.8.12	The school board shall provide the local unit notice regarding all individuals who begin to access the short-term leave and disability plan.
3.8.13	School boards shall participate in early intervention programs initiated on behalf of disabled teachers.
3.8.14	School boards shall participate in return to work programs initiated on behalf of disabled teachers.
3.8.15	School boards will not draw down on reserves, surpluses and/or deposits out of the teachers' share of the LTD plan without the express written consent of the Association. Such consent shall not be unreasonably withheld. This clause does not apply where the school board pays 100% of the LTD premiums (Dufferin-Peel CDSB and Huron-Superior CDSB).
3.8.16	LTD is separate and distinct from STLDP and sick leave. An unsuccessful LTD claim does not preclude a teacher from receiving STLDP and sick leave.

SICK LEAVE/SHORT-TERM DISABILITY PLAN - LONG-TERM OCCASIONAL TEACHERS AND TEACHERS EMPLOYED IN A TERM POSITION

4.1 Sick Leave Benefit Plan

The school board will provide a sick leave/short-term leave and disability plan which will provide sick leave days and short-term leave and disability coverage to teachers employed in a term position (including but not limited to adult and continuing education assignments) or filling a long-term assignment, when the teacher is ill or injured or for purposes of personal medical appointments as described below. Sick leave/Short-Term Leave and Disability Plan days will be deducted in increments consistent with existing practices.

4.2Sick Leave Days

Subject to paragraphs 4.4 - 4.6 below, teachers employed by a board to fill a term or long-term teaching assignment that is a full year will be allocated eleven(11) sick days payable at one hundred percent (100% - calculated by dividing annual grid salary, inclusive of any applicable allowances, by 194 OR their daily rate, as applicable) allocated at the commencement of the assignment. A teacher who is employed by a board to fill a term or long-term teaching assignment that is less than a full year will be allocated eleven (11) sick days, reduced to reflect the proportion the assignment bears to the length of the regular work year (194 days), and allocated at the start of the assignment. If a teacher's employment status is less than full-time, the teacher's allocation of sick leave credits shall be prorated by the ratio that the teacher's FTE status is to full-time status. Sick leave days may be used for reasons of personal illness and injury, and personal medical appointments.

4.3Long Term Disability (LTD)

4.3.1

Subject to paragraphs 4.4 - 4.6 below, a teacher employed by a board to fill a term or long-term teaching assignment that is a full year will be allocated one hundred and twenty (120) STLDP days on the first day of the teacher's assignment. A teacher who is employed by a board to fill a term or long-term teaching assignment that is less than a full year will be allocated one hundred and twenty (120) STLDP days, reduced to reflect the proportion the assignment bears to the length of the regular work year (194 days), and allocated at the start of the assignment. If a teacher's employment status is less than full time, the teacher's eligibility for short-term leave and disability days shall be prorated by the ratio that the teacher's FTE status is to full time status. Teachers eligible to access short-term leave and disability coverage shall receive payment equivalent to ninety percent (90%) of their applicable salary or daily rate.

4.3.2

A teacher employed by a board to fill a term or long-term teaching assignment may carry over unused sick leave from one term or long-term teaching assignment to another term or long-term teaching assignment within the same school year.

4.4Teacher Pension Plan Implications

4.4.1	Contributions will be made by the employee/plan member on the unpaid portion of each sick leave day under the STLDP, unless directed otherwise in writing by the employee/plan member.
4.4.2	The government/employer will be obligated to match these contributions;
4.4.3	If the plan member/employee exceeds the maximum allowable sick-days and does not qualify for Long-Term Disability (LTD)/Long-Term Income Protection (LTIP), pension contributions will cease and the employee is not eligible to earn pensionable service until the LTD/LTIP claim is re-assessed and approved or if the employee returns to active employment whether on a part time or graduated basis. 4.4.3.1 If the LTD/LTIP claim is re-assessed and approved, then the member will be entitled to earn service by making contributions subject to existing plan provisions for a period of time that does not exceed the difference between the last day of work and the day when LTD/LTIP benefits begin and the government/employer will be obligated to match these contributions. 4.4.3.2 If not approved for LTD/LTIP, such absence shall be subject to existing plan provisions.

4.5Eligibility and Allocation

4.5.1	The allocations outlined in paragraphs 4.2 - 4.3 above, will be provided on the first day of the term or long-term assignment.
4.5.2	Sick leave and short-term leave and disability plan leave may only be accessed by teachers in the school year in which the allocation was provided. A teacher may use any remaining allocation of sick leave or short-term leave and disability leave in a subsequent term or long-term assignment, provided the assignments occur in the same school year.
4.5.3	Changes to the teacher's assignment during a school year shall result in an adjustment to allocations, as per 4.2 Sick Leave Days and 4.3 Short-Term Leave and Disability Plan.
4.5.4	WSIB remains first payor. A teacher who is receiving benefits under the Workplace Safety and Insurance Act, is not entitled to benefits under a school board's sick leave and short-term leave and disability plan for the same condition. However, where a teacher is receiving partial benefits under WSIB, they may be entitled to receive benefits under the sick leave plan, subject to the circumstances of the specific situation. During the interim period from the date of injury/incident or illness to the date of approval by the WSIB of the claim, the teacher may access sick leave and short-term leave and disability coverage. A reconciliation of sick leave deductions made and payments provided, will be undertaken by the school board once the WSIB has adjudicated and approved the claim. In the event that the WSIB does not approve the claim, the school board shall deal with the absence consistent with the terms of this sick leave and short-term leave and disability plan.
4.5.5	LTD remains first payor. A teacher who is receiving benefits under an LTD plan, is not entitled to benefits under a school board's sick leave and short-term leave and disability plan for the same condition. However, where a teacher is receiving partial benefits under an LTD plan, they may be entitled to receive benefits under the sick leave plan, subject to the circumstances of the specific situation. During the interim period from the date of injury/incident or illness to the date of approval by the LTD carrier of the claim, the teacher may access sick leave and short-term leave and disability coverage. A reconciliation of sick leave deductions made and payments provided, will be undertaken by the school board once the LTD carrier has adjudicated and approved the claim. In the event that the LTD carrier does not approve the claim, the school board shall deal with the absence consistent with the terms of this sick leave and short-term leave and disability plan.
4.5.6	Where a teacher is not receiving benefits from another source, and is working less than their full time equivalency in the course of a graduated return to work as the teacher recovers from an illness or injury, the teacher may use any sick leave/short-term disability leave allocation remaining, if any, for the portion of the day where the teacher is unable to work due to illness or injury. A partial sick leave/short-term disability leave day will be deducted for an absence of a partial day in the same proportion as the duration of the absence is to a full instructional day.

4.6Administration

4.6.1	A school board may request medical confirmation of illness or injury confirming the dates of absence, the reason therefore (omitting a diagnosis), the teacher's prognosis and any limitations or restrictions. Medical confirmation will be required to be provided by the teacher as determined by the school board for absences of 5 consecutive days or greater. Boards are entitled to make reasonable follow up requests and seek reasonable periodic updates. Requests shall be sent to the teacher who shall be responsible for authorizing their medical practitioner to respond in a timely fashion. The medical confirmation and follow up requests may be required to be provided in the attached form (Appendix B) or on forms as mutually agreed between the school board and the Association, where appropriate. Where a school board requires the completion of the attached form (or other similar form) it shall reimburse the cost up to a maximum of $45.00, or in accordance with existing practice (i.e. the manner in which it was reimbursed as of August 31, 2014).
4.6.2	Teachers returning to work after an extended medical leave of absence or seeking accommodation will be required to provide medical clearance (consistent with the requirements herein) providing confirmation of fitness to return to work, outlining any limitations or restrictions prior to returning to active employment. A return to work meeting shall occur prior to the teacher returning to active employment. The returning teacher, the unit president (or designate) and Human Resource Supervisory Officer (or designate) shall be notified of and entitled to attend the return to work meeting. The parties agree that return to work meetings are to be scheduled in a timely manner but not more than ten (10) weekdays after receiving medical clearance and any reasonably required follow up to return to active employment. Requests for follow up information shall be made in a timely manner. The timelines may be extended if there are extenuating circumstances, by mutual agreement.
4.6.3	In cases where a teacher refuses to reasonably cooperate in the administration of the sick leave and short-term leave and disability plan, access to compensation may be suspended or denied. Before access to compensation is denied, discussion will occur between OECTA and the school board. Compensation will not be denied for the sole reason that the medical practitioner refuses to provide the required medical information. In such cases, a school board may require an independent medical examination to be completed by a medical practitioner qualified in respect of the illness or injury at issue of the school board's choice at the school board's sole expense. In cases where the teacher's failure to cooperate is the result of a medical condition, the board shall consider those extenuating circumstances in arriving at a decision.
4.6.4	Medical information collected under this article will not be subject to unreasonable review by boards. Boards will accommodate limitations and restrictions consistent with their duty to accommodate.

4.7Long Term Disability (LTD)

4.7.1	The school board shall cooperate in the administration of the LTD Plan. It is understood that administration means that the school board will co-operate with the enrolment and deduction of premiums and provide available necessary data to the insurer, upon request. The school board will remit premiums collected to the carrier on behalf of the teachers.
4.7.2	Where the plan administrator implements changes in the terms and conditions of the LTD Plan or the selection of an insurance carrier, the school board shall, for administrative purposes, be advised of changes at least thirty (30) days prior to the date the changes are to be implemented.
4.7.3	The Association is the policyholder of the Long-Term Disability Plans effective January 1, 2013, except as determined by 4.7.9 below. School boards shall promptly provide all data, related to the Long-Term Disability Plans, as requested by the Association's carrier.
4.7.4	All teachers shall participate in the Long-Term Disability Plan as a condition of their employment subject to the terms of the respective plan.
4.7.5	The Association will work with school boards and/or OCSTA to consider including non-teaching staff in a separate plan(s) where the viability of a current LTD plan remains in question after the teachers are withdrawn from the existing plan. The Association will decide upon any request by a school board whether or not to accept other employee groups into a long term disability plan(s), subject to plan provisions as determined by the Association.
4.7.6	The school boards shall enroll all teachers, identified in paragraph 4.7.4 above, in the Long-Term Disability Plan in the manner prescribed by the Association.
4.7.7	The school boards shall complete the Plan Administrator Statement as required by the plan provisions. The plan provider shall provide teachers identified in paragraph 4.7.4 above represented by the Association with LTD Claim kits.
4.7.8	The school boards shall be responsible for the deduction and remittance of LTD premium contributions within fifteen (15) days in the manner prescribed by the Association. Boards shall be responsible for collecting premiums from teachers who are on a leave of absence from the board.
4.7.9	The Association shall consider requests by the Dufferin-Peel, Huron-Superior, and London District Catholic School Boards to be a part of the Association Long-Term Disability Plan. The school boards shall continue to pay the LTD premiums for teachers and remit said premiums in accordance with paragraph 4.7.8 above, unless otherwise agreed to by those school boards and the respective local units of the Association.
4.7.10	The Association shall assume all other administrative functions of the Long- Term Disability Plans for the Teachers.
4.7.11	The Association shall determine the design of the Long-Term Disability Plans, the terms and conditions of the plans and the selection of carrier(s), except for those boards listed in 4.7.9 above.
4.7.12	The school board shall provide the local unit notice regarding all individuals who begin to access the short term leave and disability plan.
4.7.13	School boards shall participate in early intervention programs initiated on behalf of disabled teachers.
4.7.14	School boards shall participate in return to work programs initiated on behalf of disabled teachers.
4.7.15	School boards will not draw down on reserves, surpluses and/or deposits out of the teachers' share of the LTD plan without the express written consent of the Association. Such consent shall not be unreasonably withheld. This clause does not apply where the school board pays one hundred percent (100%) of the LTD premiums (Dufferin-Peel CDSB and Huron-Superior CDSB).
4.7.16	LTD is separate and distinct from STLDP and sick leave. An unsuccessful LTD claim does not preclude a teacher from receiving STLDP and sick leave.

RETIREMENT GRATUITIES

5.1 Effective August 31, 2012, employees eligible for a retirement gratuity (as set out in the Letter of Agreement #1) shall have accumulated sick days vested, up to the maximum eligible under the retirement gratuity plan.

PROFESSIONAL JUDGMENT AND EFFECTIVE USE OF DIAGNOSTIC ASSESSMENT

6.1 Should an existing local collective agreement provision provide a greater benefit to a teacher than the benefit provided by this provision, the existing provision shall prevail.

6.2 "Teachers' professional judgments are at the heart of effective assessment, evaluation, and reporting of student achievement." Growing Success: Assessment, Evaluation, and Reporting in Ontario Schools, First Edition, 2010.

A teacher's professional judgment is the cornerstone of assessment and evaluation. Diagnostic assessment is used to identify a student's needs and abilities and the student's readiness to acquire the knowledge and skills outlined in the curriculum expectations. Information from diagnostic assessments helps teachers determine where individual students are in their acquisition of knowledge and skills so that instruction is personalized and tailored to the appropriate next steps for learning.
The ability to choose the appropriate assessment tool(s), as well as the frequency and timing of their administration, allows the teacher to gather data that is relevant, sufficient and valid in order to make judgments on student learning during the learning cycle.

Diagnostic Assessment

6.2.1	Boards shall provide a list of pre-approved assessment tools consistent with their Board improvement plan for student achievement and which is compliant with Ministry of Education PPM (PPM 155: Diagnostic Assessment in Support of Student Learning, date of issue January 7, 2013).
6.2.2	Teachers shall use their professional judgment to determine which assessment and/or evaluation tool(s) from the list of preapproved assessment tools is applicable, for which student(s), as well as the frequency and timing of the tool. In order to inform their instruction, teachers must utilize diagnostic assessment during the school year.

6.3Annual Learning Plan

6.3.1

The Annual Learning Plan (ALP) is a component of the performance appraisal framework for experienced teachers. Experienced teachers must complete/update their ALP in accordance with Ministry and regulatory requirements. The ALP is teacher-authored and directed and is developed in a consultative and collaborative manner with the principal, or designate. As determined by the local OECTA Unit, should Part B of the 2017-19 collective agreement include superior provisions related to the Annual Learning Plan for experienced teachers then those provisions shall prevail.

Benefits

7.1Funding

There shall be no enhancements made to the OECTA Benefits Plan over the term of the agreement exceeding 1% of total benefit costs, including any reductions to premium share or introduction of premium holidays. The OECTA ELHT Trustees shall provide the sponsoring parties of the ELHT information that confirms the cost of the increases at the ELHT's expense, should any of the sponsoring parties request it.

The per FTE funding amount shall be increased as follows:

• September 1, 2022: 1%
• September 1, 2023: 1%
• September 1, 2024: 1%
• September 1, 2025: 1%

7.2INFORMATION TO BE PROVIDED TO BENEFIT PLAN ADMINISTRATOR

7.2.1	Each school board shall provide to the plan administrator, information necessary to enroll members and process changes in members' status, as determined by the plan administrator acting reasonably, including but not limited to all new hires. Said information shall be provided via Board HRIS files, in accordance with the schedule(s) to be determined by the plan administrator acting reasonably, as part of the school board's HRIS file following the school board becoming aware of the hire or change in the member's status. School boards shall provide future dated status changes, once notified to do so by the plan administrator.
7.2.2	Upon written request from the plan administrator acting reasonably, each school board shall provide information required to correct or clarify information previously provided by the school board. Correcting and clarifying information shall be provided within seven (7) business days of receiving the written request, recognizing that an unusual circumstance may arise which results in a school board submitting the information late.
7.2.3	Each school board shall deduct from the wages of participating members identified by the plan administrator, the amount of employee contributions that the member is required to make, in accordance with a payroll file provided by the plan administrator, and shall remit said contributions to the plan administrator, on or before the first business day of each month.
7.2.4	The parties agree to form a committee to discuss and address data issues and other issues of concern to OCSTA, school boards, the ELHT and the Association in respect of benefits. The committee will include representation from the central parties, school board staff, and the plan administrator. Representatives from applicable HRIS vendors will also be requested to attend when appropriate.

7.3Information to be Provided to the Association (FEE FILES)

7.3.1	On the 1st business day of each month, school boards shall provide to the Association all information identified on Appendix C. The information shall be provided in a single file, where possible.
7.3.2	In addition to the information described in 7.3.1, school boards shall provide a remittance file with each month's data file on the first business day of the month. The monthly remittance file shall include the same information and shall be in the same form and format as attached hereto at Schedule C of Part A of the collective agreement.
7.3.3	The Association shall ensure that appropriate privacy safeguards are adopted to adequately protect any personal information provided via Appendix C.
7.3.4	By September 30th of each year, OCSTA shall provide a list of school board contacts, including the name and email address of the person responsible for the monthly fee file, and the name of the supervisory officer for whom the matter falls within their portfolio of responsibilities. OECTA shall provide the name and email address of the person responsible for receiving and addressing any issues arising from the fee files. Should there be a change in personnel at any school board, or OECTA, as to the individuals identified, the party shall advise the other party at its first opportunity and provide the contact information of the new person involved.
7.3.5	In the event that a school board submits a fee file which fails to comply with articles 7.3.1 and 7.3.2, OECTA shall advise the school board contact(s) of the issues/errors with the file. The school board shall correct the file and resubmit it to OECTA within 5 business days of having been contacted by OECTA.
7.3.6	In the event that a school board does not provide the corrected file in accordance with article 7.3.5, OECTA shall inform OCSTA. OCSTA and OECTA agree to cooperate in having the matter heard expeditiously by Arbitrator Goodfellow.
7.3.7	For the purposes of section 7.3(b) of the OECTA ELHT Agreement and Declaration of Trust, the parties agree that the Trustees shall use the following calculation to determine the amount that OECTA will reimburse the school board for benefits contributions made by a school board to the OECTA ELHT during a period of strike or lock-out resulting in OETCA teachers withdrawing their full services: i. the per FTE funding in effect during the period of strike or lockout multiplied by the estimated average OECTA FTE reported by the school board in the staffing schedule by Employee/Bargaining group as of October 31st and March 31st for the school year impacted by the strike or lock-out; ii. Divide i) by 194 days; iii. Multiply ii) by the number of strike or lockout days for OECTA teachers at the school board.

EARNED LEAVE PLAN

8.1Where a permanent teacher has acquired but not used an earned leave entitlement under the earned leave plan, as identified below, such earned leave entitlement (to a maximum of six days) may be used in accordance with the following:

8.2Except as set out below, the earned leave program in article 8 of the 2014-17 collective agreement shall have no force or effect after August 31, 2019.

8.2.1	Partially Paid Days may be used by no later than June 30, 2022 or if not utilized by that date shall be paid out at the occasional teacher daily rate by the board as at June 30, 2022.
8.2.2	Unpaid days may be used prior to June 30, 2023. If not used by that date the unpaid days shall expire and have no residual value.

8.3For purposes of calculating days earned in the 2018 -2019 school year, the following shall apply:

8.3.1	The board will communicate no later than October 15, 2019, the 2018/2019 board average annual rate of permanent teachers' absenteeism by bargaining unit consisting of the use of paid sick leave, short-term disability, and other paid leave days excluding bereavement, jury duty, quarantine, association leave, long-term disability, and WSIB.
8.3.2	By October 15, 2019, the local unit shall be advised of the average rate of absenteeism by bargaining unit. All permanent teachers shall be advised of their own rate of absenteeism, and whether the teacher is entitled under 8.3.3 below.
8.3.3	Each permanent teacher shall be provided with earned leave days for the 2018- 19 school year in accordance with articles 8.5 to 8.10 inclusive of the 2014-17 collective agreement.

8.4Unused earned leave days acquired up to June 30, 2019 and reported out as of October 15, 2019 may be used in accordance with the following:

8.4.1	Teachers requesting to schedule the leave day(s) shall provide at least twenty (20) calendar days' written notice of the requested days.
8.4.2	Access to leave days is available at any time during the school year.
8.4.3	Leave day(s) requests shall not be denied subject to reasonable system and school requirements.
8.4.4	It is understood that teachers taking a leave day(s) shall be required to provide appropriate work for each of their classes and other regular teaching and assessment responsibilities shall be completed including but not limited to preparation of report cards.
8.4.5	The following clause is subject to either Teacher Pension Plan amendment or legislation: Within the purview of the Teachers' Pension Act (TPA), the Minister of Education will seek an agreement from the Ontario Teachers' Federation (OTF) to amend the Ontario Teachers' Pension Plan (OTPP) to allow for adjusting pension contributions to reflect the Earned Paid Leave Plan with the following principles: 8.4.5.1 Contributions will be made by the employee/plan member on the unpaid portion of each partially-paid day (PPD) or unpaid day, unless directed otherwise in writing by the employee/plan member; 8.4.5.2 The government/employer will be obligated to match these contributions;
8.4.6	The Board shall report leave days to each Association Bargaining Unit, including the names of applicants and the total approvals on an annual basis.
8.4.7	Leave days, once confirmed, are irrevocable by either the teacher or the board except by mutual consent.
8.4.8	Leave day(s) requests are processed on a “first come, first served” basis.
8.4.9	Request for leave days on scheduled Professional Activity days shall not be denied.
8.4.10	Leave days may be used in conjunction with existing contractual provisions (e.g. Personal Days, other collective agreement leave provisions, etc.).
8.4.11	All written requests for leave days shall be processed by the school board and responded to in writing within ten (10) calendar days.
8.4.12	Leave days shall not be subject to calendar restrictions.

8.5Notwithstanding anything herein, attendance-related earned leave program provisions in effect as of August 31, 2014 in Part B of the collective agreement shall continue to remain in effect.

8.6This article shall not diminish any right to grieve or process any grievance which occurred on or before August 31, 2019 with respect to any alleged breach of the earned leave program in article 8 of the 2014-2017 collective agreement.

RETURN TO BARGAINING UNIT FOR PERMANENT TEACHERS

9.1In addition to any other applicable leave provisions, any permanent teacher shall be entitled to a board-approved unpaid leave of absence to work at another District School Board in Ontario or any other employer. Leaves will be granted in increments of half-year (semester/term) or full-year, as requested by the teacher, but shall not exceed twenty-four (24) months. Such teacher shall return without loss of seniority within the local bargaining unit. Application for this leave shall be made prior to March 1 of the preceding school year for permanent teacher leaves effective the beginning of the next school year.

9.2Occasional teachers may request an unpaid leave of absence to work at another District School Board in Ontario. Leaves may be granted by the school board, subject to management discretion, in increments of half-year (semester/term) or full-year, as requested by the teacher, but shall not exceed twelve (12) months. Requests for such leave shall be made prior to August 1 for leaves effective at the beginning of the next school year and November 1 for leaves effective at the beginning of semester/term 2. Requests for such leave shall not be unreasonably withheld.

9.3It is understood that these dates (as identified in 9.1 and 9.2 above) may be altered by mutual agreement of the school board and the Association.

9.4The return of any teacher to the bargaining unit is not contingent upon there being a vacancy for which the individual is qualified.

RETURN TO BARGAINING UNIT FOR PRINCIPALS AND VICE-PRINCIPALS

10.1Any principal or vice-principal who returns to the bargaining unit within twenty-four (24) months of their appointment to administration shall be permitted to do so without loss of seniority within the local bargaining unit.

10.2If a vacancy is created by the appointment it shall be filled by a permanent teacher.

10.3The return of any principal or vice-principal to the bargaining unit is contingent upon there being a vacancy for which the individual is qualified. In the event that no such vacancy exists, the principal or vice-principal shall be placed on the redundancy list.

10.4No member of the bargaining unit shall be adversely affected by being displaced or having their assignment changed as a result of the return, in the year in which the principal or vice-principal returns to the bargaining unit.

BOARD-LEVEL JOINT STAFFING COMMITTEE (JSC)

11.1Should any 2012-2014 collective agreement (including practices thereunder, Letters of Intent or Understanding, Minutes of Settlement, or other memoranda) contain superior board level joint staffing committee provisions to any central or local term, or conditions that are otherwise not addressed in central or local terms, those provisions shall endure and prevail.

11.2The Board-Level Joint Staffing Committee (JSC) shall meet within thirty (30) days of ratification of this agreement.

11.3The committee shall be comprised of equal numbers of members to be appointed by the Association and the school board respectively, not to exceed six (6) members in total.

11.4The committee shall have co-chairs selected by the Association and the school board respectively from among their appointees to the committee

11.5The committee co-chairs shall draft agenda and discussion items collaboratively.

11.6At a minimum, the JSC shall meet at least once in each quarter as follows: by April 15, August 30, November 15, and January 15 of each school year, or as otherwise mutually agreed.

11.7Discussion items and functions shall include but are not limited to:

• Enrolment
• Class size
• Existing staffing model and staff allocation
• Monitoring compliance with respect to Ministry/collective agreement staffing requirements
• Making recommendations on and monitoring the implementation of new programs/initiatives

11.8The members of the JSC may request specific information to inform discussion of agenda items and the performance of the committee's functions. Without limiting the foregoing, the information provided to members of the JSC shall include:

• Information necessary to monitor compliance with staffing requirements
• Financial information that has been publicly approved by the Board
• The number of teachers employed by the school board and changes to the numbers so employed
• Class sizes as at September 30th of each school year
• Continuing Education programs and related staffing
• NTIP
• Professional learning and Learning to 18 reforms
• E-learning
• Persons employed pursuant to letters of permission, temporary letters of approval and use of uncertified teaching personnel
• Information relating to the employment or allocation of daily, long-term or permanent assignments to occasional teachers

11.9The School Board shall provide this information to the members of the JSC and the Association no later than seventy-two (72) hours prior to JSC meetings unless otherwise agreed.

RECALL RIGHTS

12.1The parties agree that Local boards will increase the length of time contained in their local collective agreements providing rights to recall by an additional two (2) years.

12.2For any board collective agreement that does not provide recall rights, that board shall provide for rights of recall for a period of two (2) years.

12.3By mutual agreement, local parties may negotiate changes to any aspects of recall rights other than the duration of an employee's recall rights.

WSIB TOP-UP

WSIB top up benefits shall be maintained in accordance with the 2008-2012 local collective agreement. For clarity, where the current WSIB top up is deducted from sick leave the board shall maintain the same level of top up without deduction from sick leave.

PREGNANCY LEAVE SEB PLAN

14.1Teachers eligible for Employment Insurance while on pregnancy leave shall receive 100% of salary through a Supplemental Employment Benefit (SEB) plan for a total of not less than eight (8) weeks immediately following the birth of her child. This amount shall be received without deduction from sick leave or short term disability coverage. The amount paid by the school board for the eight (8) week period shall be equal to the teacher's annual salary divided by the number of school days in a school year (194 days), less the amount the teacher receives from Employment Insurance.

14.2Teachers not eligible for Employment Insurance while on pregnancy leave will receive 100% of salary from the employer for a total of not less than eight (8) weeks, with no deduction from sick leave or short term disability coverage. For clarity, for any part of the eight (8) weeks that falls during a period of time that is not paid (i.e. summer, March Break, etc.), the remainder of the eight (8) weeks of top up shall be payable after that period of time. When the birth of the teacher's child occurs in a non-work period, she will nevertheless be provided with payment for the 2 week waiting period as part of the eight (8) week SEB.

14.3Teachers who require a longer than eight (8) week recuperation period shall have access to sick leave and short term disability coverage through the school board's normal adjudication process.

14.4Long Term Occasional Teachers, or teachers hired in term positions, shall be eligible for the SEB as described herein for a maximum of eight (8) weeks with the length of the benefit limited by the term of the assignment. Teachers on daily casual assignments are not entitled to the benefits outlined in this article.

14.5For clarity, the aforementioned eight (8) weeks of 100% salary is the minimum for all eligible teachers. Where superior maternity entitlements existed in the 2008- 2012 collective agreement, those superior provisions shall continue to apply.

14.6Notwithstanding 14.1 through 14.5 above, where a bargaining unit so elects, the SEB or salary replacement plan noted above will be altered to include six (6) weeks at 100%, subject to the aforementioned rules and conditions, plus meshing with any superior entitlements to maternity benefits contained in the 2008-2012 collective agreement. For example, a 2008-2012 collective agreement that includes 17 weeks at 90% would result in 6 weeks at 100% pay and an additional 11 weeks at 90%.

STATUTORY LEAVES OF ABSENCE/SEB

15.1Family Medical Leave or Critical Illness Leave

15.1.1	Family Medical Leave or Critical Illness Leave granted to a teacher under this Article shall be in accordance with the provisions of the Employment Standards Act, as amended.
15.1.2	The teacher will provide to the employer such evidence as necessary to prove entitlement under the ESA.
15.1.3	A teacher contemplating taking such leave(s) shall notify the employer of the intended date the leave is to begin and the anticipated date of return to active employment.
15.1.4	Seniority and experience continue to accrue during such leave(s).
15.1.5	Where a teacher is on such leave(s), the Employer shall continue to pay its share of the benefit premiums, where applicable. To maintain participation and coverage under the Collective Agreement, the teacher must agree to provide for payment for the teacher's share of the benefit premiums, where applicable.
15.1.6	In order to receive pay for such leaves, a teacher must access Employment Insurance and the Supplemental Employment Benefit (SEB) in accordance with 15.1.7 to 15.1.10, if allowable by legislation. An employee who is eligible for E.I. is not entitled to benefits under a school board's sick leave and short term leave and disability plan.

Supplemental Employment Benefits (SEB)

15.1.7	The Employer shall provide for permanent teachers who access such leaves, a SEB plan to top up their E.I. Benefits. The permanent teacher who is eligible for such leave shall receive 100% salary for a period not to exceed eight (8) weeks provided the period falls within the school year and during a period for which the permanent teacher would normally be paid. The SEB Plan pay will be the difference between the gross amount the teacher receives from E.I. and their regular gross pay.
15.1.8	Long Term Occasional Teachers with an assignment of at least ninety-seven (97) school days in length shall also be eligible for the SEB plan with the length of the benefit limited by the term of the assignment.
15.1.9	SEB payments are available only to supplement E.I. benefits during the absence period as specified in this plan.
15.1.10	The teacher must provide the Board with proof that he/she has applied for and is in receipt of employment insurance benefits in accordance with the Employment Insurance Act, as amended, before SEB is payable.

PAID LEAVES OF ABSENCE

16.1For permanent teachers and long-term occasional teachers, any leave of absence for reasons other than illness or injury that, under a provision of the 2008-12 Collective Agreement or board practices and policies in effect during the 2008-2012 collective agreement that utilized deduction from sick leave, shall be granted without loss of salary or deduction from sick leave, to a maximum of five (5) days per school year. Collective agreements or board practices and policies in effect from September 1, 2012 to August 31, 2014, that had five (5) days or less, shall remain at that number. Collective agreements or board practices and policies in effect from September 1, 2012 to August 31, 2014 that had more than five (5) days shall be limited to five (5) days. These days shall not be used for the purpose of sick leave nor shall they be accumulated from year-to-year.

16.2Other paid leave provisions shall remain status quo to the local collective agreement.

HIRING PRACTICES

OCSTA and OECTA agree that the hiring practices outlined below support school boards' efforts to promote diversity in hiring practices and provide opportunities for mobility for Catholic teachers.

The application, interview, and hiring of individuals will be based on qualifications (and seniority as outlined below) and will be conducted in a fair and transparent manner.

All vacant Long-Term Occasional Teaching Assignments and Permanent Teaching Positions shall be filled in accordance with the following:

17.1Seniority

Seniority as an Occasional Teacher shall commence on the most recent date of hire to the Occasional Teacher Bargaining Unit and shall continue uninterrupted thereafter while employed in the occasional teacher bargaining unit.

17.2The Occasional Teacher Seniority Roster (the “Roster”)

17.2.1	The Roster shall contain, in decreasing order of seniority, the names of the Occasional Teachers, their most recent date of hire to the Occasional Teacher Bargaining Unit (seniority date), and their teaching experience.
17.2.2	For the purpose of establishing the order of the Roster, where seniority is equal among two (2) or more Occasional Teachers, the tie shall be broken, at the time of hire, according to the following criteria and in the following order, based on the greater experience accrued as at their most recent date of hire to the Occasional Teacher Bargaining Unit: 17.2.2.1 Experience accrued as a member of the Occasional Teacher Bargaining Unit, defined as the total number of days worked since the most recent date of hire to the Bargaining Unit (seniority date); 17.2.2.2 Teaching experience as a certified teacher in Ontario; 17.2.2.3 Teaching experience as a certified teacher in Canada; 17.2.2.4 Or failing that, by lot conducted in the presence of the local Unit President or designate.
17.2.3	The Board shall provide the Roster, as at September 1st of each school year, to the local Unit President and shall post electronically a copy of the Roster by September 30th of each school year.
17.2.4	Interview and hiring cycles to the Roster shall occur a minimum of twice during the school year. Where a school board is unable to fill all daily teaching assignments on a regular basis, the school board shall interview more frequently to attempt to increase the number of occasional teachers on Roster, subject to the maximum number allowed by the local collective agreement.

17.3The Appointment of Occasional Teachers in Long Term Assignments:

Subject to denominational rights enjoyed by a Separate School Board, the following shall be the process for the appointment of Occasional Teachers into Long Term assignments:

17.3.1

The school board shall not make an offer to any other person to fill a long-term assignment before having placed all redundant and supernumerary teachers in order of seniority.

17.3.2

If the Long Term assignment is not filled in accordance with 17.3.1, the school board shall post the assignment on its website for all occasional teachers on the school board's Roster to access, for at least three (3) weekdays, and will fill the assignment in accordance with the following: 17.3.2.1 All Occasional Teachers shall have the ability to upload their portfolio to a secure and confidential space on Apply to Education or other equivalent space. Furthermore, Occasional Teachers shall be able to add/delete documents from their portfolio at all times; 17.3.2.2 The school board shall identify the three (3) most senior applicants to the LTO assignment posting who are available for the assignment and hold the required qualifications for the assignment, in accordance with articles 17.5.2 and 17.10 below. An Occasional Teacher shall be considered available for the assignment if said teacher has not already been assigned to another LTO position during the term of the LTO assignment being filled in accordance with this process. Each of the three (3) most senior applicants shall be contacted and asked to confirm that they wish to be considered for the position. If any of the three (3) applicants indicate that they do not wish to be considered, the board shall contact the next most senior qualified applicant, thereby ensuring that three (3) applicants are considered. No further changes shall be made to the list of applicants to be considered for the assignment. 17.3.2.3 The school board shall select the successful applicant from the applicants identified in 17.3.2.2. In doing so, the school board shall access and consider the information contained in the Occasional Teacher's portfolio. Should less than three (3) qualified applicants apply to the LTO assignment posting, the school board shall select the successful applicant from the qualified applicants; 17.3.2.4 If no qualified occasional teachers apply to the LTO assignment posting or if all qualified applicants decline the position, the school board may hire an external qualified teacher, in accordance with articles 17.5.2 and 17.10 below, who is not on the Roster, to fill this assignment.

17.4Occasional Teacher Evaluations

17.4.1	All occasional teachers completing an LTO assignment of a minimum of four (4) months in duration shall receive an evaluation using the templated process that has been mutually agreed to by the school board and OECTA. Should the occasional teacher receive an unsatisfactory evaluation, an evaluation shall occur during the next LTO assignment of at least two (2) months duration. Should the occasional teacher receive a satisfactory evaluation at any time, further evaluations may occur where a principal has reasonably identified concerns in the occasional teacher's performance.
17.4.2	Where an occasional teacher receives an unsatisfactory evaluation, the school board shall arrange for a meeting with the Unit President or designate and the occasional teacher. The meeting shall take place within one month of the issuance of the evaluation, or as mutually agreed to by the school board and the local unit president or designate. The occasional teacher shall be debriefed, and provided with a written improvement plan. The improvement plan shall identify recommendations to address any areas of improvement identified in the evaluation. The recommendations and the timelines for completion of the recommendations shall be reasonable and accessible.
17.4.3	Occasional teachers who receive an unsatisfactory evaluation shall be required to complete the recommendations found in the improvement plan within the timelines identified. Said occasional teachers shall remain eligible to apply and be considered for other LTO assignments provided that the occasional teacher is able to demonstrate that they are actively working to complete the recommendations.
17.4.4	Should the occasional teacher receive a second evaluation during the completion of a subsequent LTO assignment and should that evaluation result in an unsatisfactory rating, the school board shall arrange for a meeting involving a supervisory officer, the Unit President or designate and the occasional teacher. The meeting shall take place within one month of the issuance of the evaluation, or as mutually agreed to by the school board and the local unit president or designate. The occasional teacher will be debriefed and provided with a written improvement plan and a timeline for completion, in accordance with 17.4.2. It is understood that the teacher will not be eligible to apply for any subsequent LTO assignments until the improvement plan has been successfully completed.
17.4.5	Should an occasional teacher receive three unsatisfactory evaluations the school board may suspend the teacher's eligibility for additional LTO assignments. The Association may refer the matter of the occasional teacher's eligibility for any future LTO assignments to an arbitrator pursuant to the arbitration provisions in Part B of the collective agreement. The parties agree to take all reasonable steps to ensure the matter is determined as quickly as possible.

17.5Postings for LTO Assignments and Permanent Positions

17.5.1	In addition to any requirements as outlined in the local terms of the collective agreement, each posting shall identify the posting number, the school, division(s) or grade(s) and, as applicable, subject(s), the FTE, the start and end dates of the assignment, the posting start and closing dates.
17.5.2	For an applicant to be considered qualified for the position, the applicant shall hold the required qualifications, as per the Education Act and Regulations (as recorded on the Ontario College of Teachers Certificate of Qualification), in the subject(s) and division(s) identified in the posting. Where a posting identifies more than two subjects, it shall identify the two subjects for which qualifications are required.
17.5.3	If one of the subjects identified in the posting is a restricted subject, as identified in Regulation 298, the restricted subject shall be identified as one of the two subjects as per 17.5.2, and the applicant must hold the qualification for the restricted subject.
17.5.4	All postings shall identify that the end date is subject to change, as applicable.

17.6The Hiring of Occasional Teachers to 50% of Permanent Teaching Positions (Seniority as a Factor)

The school board shall not make an offer to any other person to fill a permanent position before having placed all redundant and supernumerary teachers in order of seniority.

Subject to the requirement to first place redundant and supernumerary teachers and the denominational rights enjoyed by a Separate School Board, and subject to the provisions hereafter, and subject to Regulation 298, school boards shall fill a minimum of fifty percent (50%) of all vacant permanent teaching positions within the bargaining unit, including a minimum of fifty percent (50%) of all full-time (1.0 FTE), posted for each school year, in accordance with the following procedure:

17.6.1	Occasional Teachers who have completed a minimum of one (1) LTO assignment that was a minimum of four (4) months in duration, and, in accordance with 17.4.1, whose last evaluation resulted in a satisfactory rating, shall be eligible to apply for any posted permanent teaching positions;
17.6.2	All vacant permanent teaching positions shall be posted on the school board's website available to all the school board's occasional teachers on the school board's Roster for at least three (3) weekdays, in accordance with article 17.5.
17.6.3	Subject to article 17.7 the school board shall identify the three (3) most senior applicants to the position who hold the required qualifications for the position, in accordance with articles 17.5.2and 17.10, to be interviewed for the position. Prior to interviewing any of the three applicants, the applicants shall be contacted and asked to confirm that they wish to be interviewed for the position. If any of the three applicants indicate that they do not wish to be considered, the board shall contact the next most senior qualified applicant, thereby ensuring that three applicants are interviewed. No further changes shall be made to the list of applicants to be considered for the position. Each of the identified applicants shall then be interviewed.
17.6.4	Following the interviews, the school board shall select the successful applicant from the applicants identified in 17.6.3. Should less than three (3) qualified applicants apply to the vacant permanent teaching posting, the school board shall interview all applicants and, after interviewing each, select the successful applicant from the qualified applicants.
17.6.5	If no qualified occasional teachers apply to the vacant permanent teaching position posting or if all qualified applicants decline the position, the school board may: 17.6.5.1 hire an external qualified teacher who is not on the Roster to fill this position; or 17.6.5.2 offer the position to a qualified teacher on the Roster who does not meet the eligibility criteria identified in 17.6.1.
17.6.6	School boards shall inform the local bargaining unit of each position filled in accordance with 17.6.5.1. and each position filled in accordance with 17.6.5.2.

17.7The Hiring of Occasional Teachers to 50% of Permanent Teaching Positions

The school board shall not make an offer to any other person to fill a permanent position before having placed all redundant and supernumerary teachers in order of seniority.

Subject to the requirement to first place redundant and supernumerary teachers and the denominational rights enjoyed by a Separate School Board, and subject to the provisions hereafter, and subject to ">Regulation 298, school boards shall fill a maximum of fifty percent (50%) of all vacant permanent teaching positions, including a maximum of fifty percent (50%) of all full-time (1.0 FTE), posted for each school year, from applicants from the Roster, in accordance with the following procedure:

17.7.1	The school board shall post the vacant positions consistent with article 17.5 and, subsequent to interviewing a minimum of three (3) applicants who hold the required qualifications for the position, in accordance with articles 17.5.2 and 17.10, shall select the successful applicant for the permanent position.
17.7.2	Should less than three (3) qualified applicants apply to the vacant permanent teaching posting, the school board shall interview all applicants and, after interviewing each, select the successful applicant from the qualified applicants.
17.7.3	In addition to the applicants from the Roster, a school board may choose, as one of the applicants to be interviewed, a teacher employed as a permanent teacher elsewhere in the province who has applied to the posting. Should the school board hire that teacher, the school board shall provide the name of the former employing District School Board to the local unit president, in addition to all other information that the school board is required to provide.
17.7.4	School boards shall ensure that at no time during a school year does the number of vacant permanent teaching positions filled in accordance with the provisions of 17.7 exceed fifty percent (50%) of the total number of vacant permanent teaching positions or fifty percent (50%) of all full-time (1.0 FTE) vacant permanent teaching assignments filled during the school year. Notwithstanding the above, the school board and the Association, by mutual agreement, may waive this requirement.

17.8Under either of the processes outlined in 17.6 or 17.7, following the interview, Occasional Teachers who are not successful and make the request, shall be debriefed by a member of the interview team who will provide recommendations, in writing, that shall be made to help enhance professional growth that may lead to a successful application in the future. The school board shall arrange for the meeting involving the Unit President or designate and the occasional teacher. The meeting shall take place within one month of the issuance of the interview, or as mutually agreed to by the school board and the local unit president or designate.

17.9It is understood that all teachers hired under article 17.6 and 17.7 are subject to the surplus and redundancy provisions of the collective agreement.

17.10Additional Qualifications for Specialized Assignments/Positions

OCSTA and the Association recognize that in addition to the required qualifications for both LTO assignments and permanent positions as defined in article 17.5.2, the following positions shall include the additional requirements listed below:

i.	Special Education Self-Contained Classes - at least 2 years in accumulated experience as a Special Education Resource Teacher, or hold a Special Education Specialist qualification.
ii.	French Immersion Assignments/Positions - applicants may be required to demonstrate their French fluency. It is understood that this is not a requirement for core French assignments/positions. Teachers with an FSL Specialist qualification or a DELF qualification shall be exempt from this requirement.

Note: OCSTA and OECTA agree to form a committee consisting of up to three representatives from each party to further examine the topic of qualifications for secondary courses. The goal of the committee is to reach an agreement that identifies the qualifications needed for subjects for which there currently is no agreement as to the qualifications needed.

INFORMATION DISCLOSURE TO OECTA

18.1The Board shall provide to OECTA on a semi-annual basis the following information for all teacher absences that trigger the Long Term Assignment (LTA) threshold:

18.1.1	The absent teacher's name, assignment and school;
18.1.2	The start date of the assignment and the duration;
18.1.3	The name of the occasional teacher or individual filling the absence;
18.1.4	The date/time the job was posted;
18.1.5	The date/time the job was filled;
18.1.6	The name of any certified teacher not on the Roster, employed to fill a teacher absence.

18.2The Board shall provide to OECTA, on a semi-annual basis:

18.2.1	The name of any teacher on a Temporary Letter of Approval;
18.2.2	The name of any individual on a Letter of Permission;
18.2.3	The name of any uncertified person employed to replace an absent teacher.

18.3The Board shall provide to OECTA:

18.3.1

The current seniority list for all Occasional Teachers to be provided no less than two (2) times per year unless there has been no change.

18.4For each LTO and permanent position, the Board shall provide the following information to OECTA:

18.4.1	The job posting at the time the posting is circulated in the system and/or is posted externally. The posting shall identify the posting number, the school, division(s) or grade(s) and as applicable, subject(s), the FTE, the start and end dates of the assignment, the posting start and closing dates;
18.4.2	The job number/position title and the list of any applicants for the posting within three (3) weekdays following the closing of the posting;
18.4.3	For permanent positions, the list of interviewees, including the name of the permanent teacher employed elsewhere, within three (3) weekdays of the closing of the posting;
18.4.4	For LTO positions, the list of the three (3) most senior applicants who are qualified and available, as per article 17.3.2.2, within three (3) weekdays of the closing of the posting;
18.4.5	The name of the successful candidate within three (3) weekdays of the successful applicant being selected and whether it was filled in accordance with 17.6 or 17.7.

18.5In boards where the above information in 18.118.1 through 18.4 is provided more expeditiously, boards shall continue to do so.

ACCESS TO INFORMATION

19.1School Boards and the Ministry of Education will continue to respond to requests for information and current data, pertinent to the education sector, in a timely manner.

19.1By August 15 of each school year, every school board shall collect and provide to the Ministry of Education, OECTA and OCSTA electronic data regarding sick leave usage and other paid leave usage for all teachers during the prior school year. This shall be provided in aggregate by panel.

19.3Boards authorize the Ministry of Education to provide all the financial and non- financial information collected through the Education Financial Information System (EFIS) to OECTA and OCSTA.

CENTRAL DISPUTE RESOLUTION PROCESS

20.1The purpose of this article is to outline the parties' intent to facilitate the timely and effective resolution of matters arising from a difference in the interpretation, application or administration of a central term of the collective agreement.

20.2Prior to implementing the grievance procedure outlined below, the parties shall attempt to resolve any matters that arise as follows:

20.2.1	The party identifying the matter shall advise the other party of the matter to be addressed.
20.2.2	Two representatives of OCSTA and two representatives of the Association shall meet (either virtually or in person, at the mutual agreement of the parties) to address the matter within ten (10) working days of the matter being raised.
20.2.3	The parties shall attempt to resolve the matter without having to implement the grievance procedure outlined below.
20.2.4	Should either of the parties determine that the matter is unable to be resolved through the discussions, the matter may move to the grievance procedure as outlined below.

20.3Within ten (10) working days of the conclusion of the discussions under 20.2 above, a party may provide notice of the dispute in the form of a grievance letter to the Dispute Resolution Committee (DRC), in which case the following process will apply:

20.3.1	The Dispute Resolution Committee shall be composed of two (2) representatives from each of the central parties, and two (2) representatives of the Crown.
20.3.2	The grievance letter shall identify: i) any article(s) of the central terms that are alleged to have been breached; ii) any alleged violation of an applicable statute, regulation, policy, guideline, or directive; iii) the party(s) alleged to have made the breach (the school board(s), OCSTA, or OECTA); iv) a statement of any relevant facts; v) the remedy sought.
20.3.3	The DRC shall meet within ten (10) working days of receiving the grievance letter. The meeting may be held in person, virtually, or in any other manner agreeable to the representatives of the DRC.
20.3.4	The DRC will review and discuss the grievance letter received. Any positions taken during the course of the DRC process are without prejudice.
20.3.5	Within five (5) working days of Minutes of Settlement being reached between the parties and agreed to by the Crown, it shall be circulated to all the Association local units and English language Catholic district school boards, unless the parties agree otherwise.

20.4OCSTA and/or the Association may, within ten (10) working days following the DRC meeting, refer any difference arising from the interpretation, application or administration of any central term of the collective agreement to final and binding arbitration. In this case, the parties shall identify the arbitrator to be assigned to the matter, using the following process:

20.4.1	Within 10 working days of the ratification of the Memorandum of Settlement of Central Terms, OCSTA and the Association shall agree on a list of four (4) arbitrators who agree to participate and who are able to provide the parties with a list of available dates in accordance with article 20.4.2 that can be booked in advance for the purposes of this process. Should one or more arbitrator(s) become unavailable, the parties shall agree to a replacement(s) in order to maintain a complement of four (4) arbitrators. The replacement of an arbitrator(s) who has become unavailable shall occur within twenty (20) working days of any vacancy on the list.
20.4.2	Within 20 working days of the ratification of the Memorandum of Central Terms, the parties shall agree on two (2) prearranged days for each arbitrator for each year of the term of the collective agreement. For each school year thereafter, the parties shall agree on two prearranged days for each arbitrator not later than eighteen (18) calendar months prior to the start of the school year.
20.4.3	Should an arbitrator be unable to provide two prearranged days agreed to by the parties for any of those school years, the parties shall agree to a replacement arbitrator who is able to provide two prearranged dates agreed to by the parties.
20.4.4	Should the parties determine that a matter requires more than the two prearranged days in that school year, the parties shall seek additional days from the arbitrator and agree to make every reasonable effort to be available for said additional days.
20.4.5	The list of arbitrators shall be arranged alphabetically and arbitrators shall be appointed to a dispute, in alphabetical order, commencing with the first name on the list. If the arbitrator approached is unavailable, the next arbitrator in sequence on the list shall be approached until there is an arbitrator available. Disputes shall be assigned to arbitrators in the chronological order in which notifications are issued. In the event that such notifications are issued on the same date, the disputes shall be assigned in accordance with a random method of selection agreed to by the parties.
20.4.6	The first arbitration date shall not be less than thirty (30) working days out from the date of the DRC meeting. Hearings may be held in person, virtually, or in any other manner agreeable to the parties.
20.4.7	The parties shall be responsible for notifying their respective constituents.

20.5Within five (5) working days of the receipt of written notification pursuant to paragraph 20.4, the Crown shall advise the parties in writing of its intent to intervene in the arbitration process. If the Crown advises that it intends to do so, it shall include its written description of its position with respect to the interpretation, application or administration of the central term or condition in question.

20.6 Within thirty (30) calendar days of the completion of the hearing, the arbitrator shall render a decision.

20.7 The arbitrator shall have all of the powers provided to arbitrators under the Ontario Labour Relations Act and under subsection 43(5) of the School Boards Collective Bargaining Act, 2014.

20.7 It is understood that a hearing may take place after regular business hours, by mutual agreement of the parties, in order to expedite resolution of the matter.

20.7 Within five (5) working days of the decision being rendered it shall be circulated to all the Association local units and English language Catholic district school boards, unless the parties agree otherwise.

20.7 The arbitral costs of resolving any dispute shall be shared equally between OCSTA and the Association. The Crown shall be responsible for its own costs.

20.11 Each of the central parties and the Crown shall be responsible for their own costs for the central dispute resolution process.

20.11 All timelines set out in this article may be abridged or extended by mutual consent of the central parties.

20.11 For the purposes of the Central Dispute Resolution Process only, a working day shall mean Monday to Friday, fifty-two (52) weeks of the year, exclusive of statutory holidays.

HEALTH AND SAFETY

21.1 All incidents of workplace violence, including sexual violence, as defined in the Occupational Health and Safety Act, are to be reported using the school board's online reporting tool.

21.2 Following the occurrence of an incident of workplace violence resulting in worker injury, or an incident of domestic violence, where the measures and precautions currently in place were followed but did not prevent the workplace injury, or the domestic violence incident, the school board shall conduct a risk reassessment and revise measures and procedures, including but not limited to, creating/updating a safety plan, in an effort to prevent further workplace injury or the recurrence of a domestic violence incident.

21.3 Consistent with obligations outlined in section 32.0.5 of the Occupational Health and Safety Act, a school board shall provide teachers at a school board worksite access to safety-relevant information with respect to each person at the worksite with a history of violent behaviour, if the teacher can be expected to encounter the person in the course of their work and the risk of workplace violence is likely to expose the teacher to physical injury. Teachers shall be able to access, in a secure location (electronic or paper), a form, which identifies the person and includes the person's name, and, as appropriate, grade, classroom/class schedule, possible locations of encounter, known safety-relevant triggers or observable behaviours as well as safety-relevant interventions and a crisis-response plan, if any. Occasional and on-call teachers will be advised of the existence of, and shall have access to, the safety-relevant information where the teacher can be expected to encounter the person during their assignment. Teachers will ensure that the information for which access is provided is held in strict confidence and protected from disclosure.

21.4The Online Reporting Tool

21.4.1

Effective September 1, 2019, each school board shall ensure that the online reporting tool used by teachers is functioning and is fully compliant with the system specifications as outlined in memorandum 2018:SB06. Teachers will be provided with information and training on using the online reporting tool.

21.5Ability to Summon Immediate Assistance

21.5.1

Subsection 32.0.2(2)(b) of the Occupational Health and Safety Act outlines that school boards have measures and procedures for summoning immediate assistance when workplace violence occurs or is likely to occur, including field trips. Where school boards do not already have policies/measures/procedures addressing this issue, these shall be implemented by September 1, 2020.

21.6The Joint Health and Safety Committee (the JHSC)

21.6.1	Each June, the worker and employer co-chairs shall set the schedule of JHSC meetings for the next school year. Meeting dates and times shall be mutually agreed to by the co-chairs. The schedule of meeting dates shall be shared with all members of the JHSC prior to the end of June.
21.6.2	The agenda for each JHSC meeting shall include, as a standing item, workplace violence.
21.6.3	Information provided to the JHSC via the school board's online reporting tool shall replace the person's name with a unique identifier, as agreed to by OCSTA and the Association, that allows the JHSC to track multiple violent incidences involving the same person, regardless of the school enrolment location.
21.6.4	The JHSC shall make a consensus recommendation to the school board with respect to parameters for training to be provided to JHSC worker representatives. The school board shall select the service provider(s) based on the recommended parameters, subject to compliance with applicable procurement policies and rules.

21.7 The parties agree to continue the OCSTA/OECTA provincial health and safety committee established in 2015. The Committee shall meet regularly, as determined by the parties, and shall develop the following resources/leading practices to be shared with all English Catholic school boards as determined by the committee:

a)	training/provision of information and instruction, as outlined in the matrix document previously distributed to school boards.
b)	worksite inspections protocol, to ensure compliance with the Act and regulations.
c)	Strategies for providing, and ensuring return of, keys for Occasional teachers to be able to lock their classroom door in the event of emergency.
d)	Strategies regarding the effective workings of site-based JHSCs.

CHANGES IN FULL-TIME EQUIVALENT STATUS (FTE)

22.1 Except in school boards where the local bargaining unit and school board agree that there is collective agreement language or a documented program which provides a greater benefit and accordingly shall remain in effect, the provisions below shall be implemented. Any dispute regarding the above shall be referred to the central dispute resolution process. Any teacher who changes FTE status in accordance with this provision shall be entitled to revert to the FTE status in effect immediately prior to the decrease effective at the commencement of the following school year and the applicable surplus and redundancy provisions shall apply if a return to full-time status cannot be accommodated through available vacancies.

22.2 Increases in FTE Status

A part-time teacher seeking to increase their assignment to full-time for the following school year shall, by no later than February 28, notify the Board in writing in accordance with the procedures of the Board. Subsequent to any local transfer and placement procedures but prior to offering permanent vacancies to occasional teachers or to external hires, the Board shall first offer permanent vacancies to qualified part-time teachers who have indicated an interest in a full-time assignment in accordance with this article. A part-time teacher moving to a full-time assignment may select, by seniority, from available openings for which they are qualified as per the Education Act and Regulations (as recorded on the Ontario College of Teachers Certificate of Qualification) consistent with the practices, needs and schedules of the Board and its schools. Approval of the teacher selection shall not be unreasonably denied. Any concerns may be raised at the joint board level staffing committee.

22.2 Decreases in FTE Status

Full-Time to Part-Time:
Teachers seeking to reduce their full-time assignment to a part-time assignment for the following school year must make a written request, to the Director of Education or designate, prior to February 28. Requests shall be granted where practical, as determined by the Director of Education or designate. Such requests shall not be unreasonably denied. The structure of the reduced assignment must be consistent with the needs of the Board and school, as well as the program and/or schedule of the school.

For purposes of clarity, this provision shall not apply to requests for leaves or part-time leaves of absence.

E-LEARNING

23.1 Any E-Learning course that is offered by a school board in the English-language Catholic school system shall be delivered by a bargaining unit member, in accordance the terms of the collective agreement.

23.2 E-Learning courses offered by a school board in the English-language Catholic system shall be delivered by a bargaining unit member who has expressed interest, where possible. Where no teacher has expressed interest at the school level, interest shall be solicited on a board-wide basis prior to assigning a teacher.

23.3 School boards shall make available to secondary school teachers delivering E- Learning courses the required hardware, software and appropriate training on the delivery of E-Learning courses.

CENTRAL PROVISIONS AND PROCESS FOR ELEMENTARY-PREPARATION AND PLANNING TIME

24.1 Each full-time teacher shall be provided with two hundred forty (240) minutes per week for the purpose of preparation and planning time scheduled within the three hundred (300) minute instructional program. Where part B provides for greater than 240 minutes, those provisions shall remain in effect.

24.2 Part-time teachers shall be subject to article 24.1 above on a prorated basis.

24.3 For purposes of this article 24, preparation and planning time not provided in accordance with articles 24.1 and 24.2 is deemed to be "missed preparation and planning time."

24.4 When preparation and planning time is missed, the Parties agree that the most preferable outcome is the timely rescheduling of missed preparation and planning time within the three hundred (300) minute instructional program.

24.5 The following is not eligible for banking or payout:

24.5.1	Activities for which the teacher volunteered to participate (including but not limited to participating in extra-curricular activities, educational excursions, and professional development).
24.5.2	Preparation and planning time provided on days when not scheduled to be in class (professional development and training where an OT has been provided, professional activity days, school closures, and holidays).

24.6 Teachers shall report any missed preparation and planning time to the school principal, or designate, at the end of each week via email or other electronic means as agreed to by the school board and the Association, identifying the date and the number of minutes of missed preparation and planning time. The school principal, or designate, shall respond electronically by the end of the week confirming receipt. The principal or designate will create a monthly report of the missed preparation and planning time.

24.7 A school board shall have five (5) months (excluding July and August) from the date of the monthly report as per 24.6 to reschedule the missed preparation and planning time.

24.8 Should any missed preparation and planning time not be rescheduled within the timeframe in 24.7, the school board shall pay out the missed time, in accordance with the formula in article 24.10.

24.9 Missed preparation and planning time that is not rescheduled shall be paid on the first available payroll run on or following July 15 and February 15.

24.10 The payout shall be determined by the following formula:

a)	Total number of missed minutes divided by 300 (calculated to two decimal places).
b)	Paragraph 24.10(a) will be multiplied by the following amount: i) Effective as of October 7, 2024: $271.32 ii) Effective as of September 1, 2025: $278.10

24.11 Implementation guidelines will be developed locally in consultation with the Association.

24.12 Not later than February 15 and July 15 of each year, school boards shall provide the local bargaining unit(s) with an Excel spreadsheet identifying each payout of missed preparation and planning time, including the name of each teacher who received the payout, the number of minutes paid out, and the calculation of the amount.

24.13 Except to the extent of any conflict or inconsistency with this article, local terms or practices pertaining to preparation and planning time shall remain in effect.

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