OCEW – Part A: Central Terms

OCEW – Part A: Central Terms

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Table of Contents
OCEW – PART A: Central Terms

 

C1.00       STRUCTURE AND CONTENT OF COLLECTIVE AGREEMENT. 4

C1.1      Separate Central and Local terms. 4

C1.2      Implementation. 4

C1.3      Parties. 4

C1.4      Single Collective Agreement 4

C2.00       LENGTH OF TERM/NOTICE TO BARGAIN/RENEWAL (ALL JOB CLASSIFICATIONS). 4

C2.1      Single Collective Agreement 4

C2.2      Term of Agreement 4

C2.3      Where Term Less Than Agreement Term.. 4

C2.4      Term of Letters of Understanding. 4

C2.5      Amendment of Terms. 5

C2.6      Notice to Bargain. 5

C3.00       DEFINITIONS. 5

C4.00       CENTRAL LABOUR RELATIONS COMMITTEE. 6

C5.00       CENTRAL GRIEVANCE PROCESS. 6

C5.1      Definitions. 7

C5.2      Central Dispute Resolution Committee. 7

C5.3      The grievance shall include. 7

C5.4      Referral to the Committee. 8

C5.5      Voluntary mediation. 8

C5.6      Selection of the Arbitrator 8

C6.00       WORK YEAR.. 8

C7.00       SPECIALIZED JOB CLASSES. 9

C8.00       BENEFITS. 9

C8.1      Eligibility and Coverage. 9

C8.2      Funding. 10

C8.3      Cost sharing. 11

C8.4      Full-Time Equivalent (FTE) and Employer Contributions. 11

C8.5      Pay in Lieu of Benefits. 11

C8.6      Privacy. 12

C8.7      Benefits Committee. 12

C9.00       STATUTORY LEAVES OF ABSENCE/SEB. 13

C9.1      Family Medical Leave or Critical Illness Leave. 13

C9.2      Supplemental Employment Benefits (SEB) 13

C10.00     SICK LEAVE. 13

C10.1    Sick Leave/Short Term Leave and Disability Plan – Employees (excluding casual and term
employees) 13

C11.00     ATTENDANCE AT MANDATORY MEETINGS/SCHOOL EVENTS. 17

APPENDIX A – RETIREMENT GRATUITIES. 18

APPENDIX B – ABILITIES FORM… 19

LETTER OF AGREEMENT #1. 21

 RE:        Job Security. 21

LETTER OF AGREEMENT #2. 23

RE:        Scheduled Unpaid Leave Plan. 23

LETTER OF AGREEMENT #3. 25

RE:        Professional Activity Day. 25

LETTER OF AGREEMENT #4. 26

RE:        Sick Leave. 26

LETTER OF AGREEMENT #5. 27

RE:        Half-Day Violence Prevention Training. 27

LETTER OF AGREEMENT #6. 28

 RE:       Online Reporting Tool 28

LETTER OF AGREEMENT #7. 29

 RE:       Employment Insurance (E.I.) Rebate. 29

LETTER OF AGREEMENT #8. 30

RE:        Professional Development 30

LETTER OF AGREEMENT #9. 31

RE:        Children’s Mental Health, Special Needs and Other Initiatives. 31

LETTER OF AGREEMENT #10. 32

RE:        Status Quo Central Items. 32

LETTER OF AGREEMENT #11. 33

RE:        Ministry Initiatives. 33

LETTER OF AGREEMENT #12. 34

RE: Provincial Working Group – Health and Safety. 34

LETTER OF AGREEMENT #13. 35

RE:        Status Quo Central Items and Items requiring Amendment and Incorporation. 35

 

LETTER OF AGREEMENT #14. 39

RE:        ELHT Benefit Matters. 39

HISTORICAL APPENDIX OF CENTRAL TERMS – FOR REFERENCE ONLY. 43

LETTER OF AGREEMENT #4. 43

RE:          Benefits. 43

 

 

 

OCEW – PART A: Central Terms

C1.00         Structure and Content of Collective Agreement
(ALL JOB CLASSIFICATIONS)

C1.1      Separate Central and Local terms

The collective agreement shall consist of Central Terms and Local Terms.


C1.2      Implementation

Central Terms may include provisions respecting the implementation of central terms by the school board and, where
applicable, the bargaining agent.  Any such provision shall be binding on the school board and, where applicable, the
bargaining agent.


C1.3      Parties

The parties to the collective agreement are the school board and the bargaining agent.
If applicable, Central collective bargaining shall be conducted by the central employer and employee bargaining agencies
representing the local parties.


C1.4      Single Collective Agreement

Central Terms and Local Terms shall together constitute a single collective agreement.

 

C2.00         LENGTH OF
TERM/NOTICE TO BARGAIN/RENEWAL (ALL JOB CLASSIFICATIONS)

C2.1      Single Collective Agreement

The Central and Local Terms of this collective agreement shall constitute a single collective agreement for all
purposes.

C2.2      Term of Agreement

In accordance with Section 36 and Subsection 41(1) of the School Boards Collective Bargaining Act, 2014, the
term of this collective agreement, including Central Terms and Local Terms, shall be for a period of three (3) years
from September 1, 2019 to August 31, 2022, inclusive.

 

C2.3      Where Term Less Than Agreement Term

Where a provision of this collective agreement so provides, the provision shall be in effect for a term less than the
term of the collective agreement.

C2.4      Term of Letters of Understanding

Subject to Section 36 of the School Boards Collective Bargaining Act, 2014, all Central Letters of
Understanding appended to this agreement, or entered into after the execution of this agreement shall, unless otherwise
stated herein, form part of the collective agreement, run concurrently with it, and have the same termination date as
the agreement.

 

 

C2.5      Amendment of Terms

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

 

C2.6      Notice to Bargain

  1. Where central bargaining is required under the School Boards Collective Bargaining Act, 2014, notice to
    bargain centrally shall be in accordance with Sections 28 and 31 of that Act, and with Section 59 of the
    Labour Relations Act, 1995.
  2. Notice to commence bargaining shall be given by a Central Party:
  3. Within 90 (ninety) days of the expiry of the collective agreement; or
  4. Within such greater period agreed upon by the parties; or
  • Within any greater period set by regulation by the Minister of Education.
  1. Notice to bargain centrally constitutes notice to bargain locally.
  2. Where no Central Table is designated, notice to bargain shall be consistent with section 59 of the Labour
    Relations Act, 1995
    .

 

C3.00         DEFINITIONS

C3.1      Unless otherwise specified, the following definitions shall apply only with respect to their
usage in standard central terms. Where the same word is used in the Local Terms of this collective agreement, the
definition in that part, or any existing local interpretation shall prevail.

C3.2      The “Central Parties” shall be defined as the Employer Bargaining Agency, the Council of
Trustees’ Association (CTA) and the Employee Bargaining Agency, the Ontario Council of Educational Workers (OCEW).

The Ontario Council of Educational Workers (OCEW) refers to the designated Employee Bargaining Agency pursuant to
subsection 20 (2) of the Act for central bargaining with respect to employees in the bargaining units for which OCEW is
the designated employee bargaining agency. The OCEW is composed of:

  1. COPE Ontario and its Locals 103, 429, 454, 527 and 529.
  2. Educational Resource Facilitators of Peel.
  3. Essex and Kent Counties Skilled Trades Council.
  4. Labourers’ International Union of North America, Local 837.
  5. Maintenance and Construction Skilled Trades Council.
  6. Ontario Public Service Employees Union. O. Reg. 163/14, s. 1.
  7. Unifor – O. Reg 59/19 s. 2

 

The Council of Trustees’ Associations (CTA) refers to the designated employer bargaining agency pursuant to subsection
21 (6) of the Act for central bargaining with respect to employees in the bargaining units for which OCEW is the
designated employee bargaining agency. For the purpose of this agreement, the CTA is composed of the Ontario Catholic
School Trustees’ Association and the Ontario Public School Boards’ Association.


C3.3
      “Employee” shall be defined as per the Employment Standards Act.


C3.4
      “Casual Employee” means,

  1. a casual employee within the meaning of the local collective agreement,
  2. if clause i. does not apply, an employee who is a casual employee as agreed upon by the board and the bargaining
    agent, or
  • if clauses i. and ii. do not apply, an employee who is not regularly scheduled to work

 

C3.5      “Term Assignment” means, in relation to an employee,

  1. a term assignment within the meaning of the local collective agreement, or
  2. where no such definition exists, a term assignment will be defined as twelve (12) days of continuous employment
    in one assignment

 

C4.00         CENTRAL LABOUR
RELATIONS COMMITTEE

C4.1      The CTA and OCEW agree to establish a joint Central Labour Relations Committee to promote and
facilitate communication between rounds of bargaining on issues of joint interest.

C4.2      The parties to the Committee shall meet within sixty days of the completion of the current
round of negotiations to agree on Terms of Reference for the Committee.

 

C4.3      The Committee shall meet as agreed but a minimum of three times in each school year.
 

C4.4      The parties to the Committee agree that any discussion at the Committee will be on a without
prejudice and without precedent basis, unless agreed otherwise.

C4.5      The committee shall include up to six (6) representatives from OCEW and up to six (6)
representatives from the CTA. The parties agree that the Crown may attend meetings.

C4.6      OCEW and CTA representatives will each select one co-chair.

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

C5.00         CENTRAL GRIEVANCE PROCESS

The following process pertains exclusively to grievances on central matters that have been referred to the Central
Process. In accordance with the School Boards Collective Bargaining Act central matters may also be grieved
locally, in which case local grievance processes will apply.

 

 

 

 

 

C5.1      Definitions

  1. A “grievance” shall be defined as any difference relating to the interpretation, application, administration, or
    alleged violation or arbitrability of an item concerning any Central Term of a collective agreement.
  2. The “Central Parties” to the grievance process shall be defined as the Council of Trustees’ Association and the
    Ontario Council of Educational Workers (OCEW).
  3. The “Local Parties” shall be defined as the parties to the collective agreement.
  4. “Days” shall mean regular school days.

C5.2      Central Dispute Resolution Committee

  1. There shall be established a Central Dispute Resolution Committee (CDRC), which shall be composed of two (2)
    representatives from the Council of Trustees’ Association, two (2) representatives of the Crown and four (4)
    representatives from the OCEW.
  2. The Committee shall meet at the request of one of the Central Parties. The Committee may meet in person, by tele
    or video conference or in any other manner agreeable to the committee.
  3. The Central Parties shall each have the following rights:
  4. To file a dispute as a grievance with the Committee.
  5. To engage in settlement discussions, and to mutually settle a grievance with the consent of the Crown.
  • To withdraw a grievance.
  1. To mutually agree to refer a grievance to the local grievance procedure.
  2. To mutually agree to voluntary mediation.
  3. To refer a grievance to final and binding arbitration at any time.
  4. The Crown shall have the following rights:
  5. To give or withhold approval to any proposed settlement between the Central Parties.
  6. To participate in voluntary mediation
  • To intervene in any matter referred to arbitration.
  1. Only a Central Party may file a grievance and refer it to the Committee for discussion and review. No grievance
    can be referred to arbitration without three (3) days prior notice to the Committee.
  2. It shall be the responsibility of each Central Party to inform their respective Local Parties of the Committee’s
    disposition of the dispute at each step in the central dispute resolution process including mediation and
    arbitration, and to direct them accordingly.
  3. Each of the Central Parties and the Crown shall be responsible for their own costs for the central dispute
    resolution process.

C5.3      The grievance shall include:

  1. Any central provision of the collective agreement alleged to have been violated.
  2. The provision of any statute, regulation, policy, guideline, or directive at issue.
  3. A detailed statement of any relevant facts.
  4. The remedy requested.

C5.4      Referral to the Committee:

  1. Prior to referral to the Committee, the matter must be brought to the attention of the other local party.
  2. A Central Party shall refer the grievance forthwith to the CDRC by written notice to the other central party,
    with a copy to the Crown, but in no case later than 40 days after becoming aware of the dispute.
  3. The Committee shall complete its review within 10 days of the grievance being filed.
  4. If the grievance is not settled, withdrawn, or referred to the local grievance procedure by the Committee acting
    by consensus, the central party who has filed the grievance may, within a further 10 days, refer the grievance
    to arbitration.
  5. If the grievance is referred to arbitration, the other responding central party shall file a detailed statement
    of any relevant facts and its position on any issues remaining in dispute with the other Central Party and the
    Crown within 10 days. Within a further 10 days, the Crown shall advise the parties of its intent to intervene in
    the arbitration process and shall include a detailed statement of any relevant facts and its position on any
    issues remaining in dispute and file that statement with the Central Parties.
  6. All timelines are directory and may be extended by mutual consent of the parties.

 

C5.5      Voluntary mediation:

  1. The Central Parties may, on mutual agreement, request the assistance of a mediator.
  2. Where the Central Parties have agreed to mediation, the remuneration and expenses of the person selected as
    mediator shall be shared equally between the central parties.
  3. Timelines shall be suspended for the period of mediation.

C5.6      Selection of the Arbitrator:

  1. Arbitration shall be by a single arbitrator.
  2. The Central Parties shall select a mutually agreed upon arbitrator.
  3. The Central Parties may refer multiple grievances to a single arbitrator.
  4. Where the Central Parties are unable to agree upon an arbitrator within 10 days of referral to arbitration,
    either Central Party may request that the Minister of Labour appoint an arbitrator.
  5. The remuneration and expenses of the arbitrator shall be shared equally between the Central Parties.

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

C6.00         WORK YEAR

The fulltime work year for all employees employed in EA and ECE job classes shall be a

minimum of 194 work days to correspond with the school year calendar.

C7.00         SPECIALIZED JOB
CLASSES

Where there is a difficulty with recruitment or retention for a particular specialized job class in which the pay rate
is below the local market value assessment of that job class, the Local Parties may agree to apply a temporary skills
shortage allowance to that job class in order to assist with recruitment and retention.

 

C8.00         BENEFITS

The Parties have agreed to include in a Historical Appendix of Central Terms – For Reference Only, (a) Letter of
Agreement #4 of the 2014-17 Agreement on Central Terms; and (b) a template local agreement between the school boards and
the Unifor local with respect to Employee Life and Health Trust (ELHT) Benefits.

 

Subject to provisions in this agreement, the Parties agree that since all active eligible employees have now
transitioned to the Ontario English Catholic Teachers Association (OECTA) ELHT that all references to existing life,
health and dental benefits plans in the applicable local collective agreement for active eligible employees shall be
removed from that local agreement.

 

The date on which the board and the bargaining unit commenced participation in the OECTA ELHT shall be referred to
herein as the “Participation Date”. For employees who joined the OCEW Benefits Plan, the Participation Date was June 1,
2018. For employees who joined the Unifor Benefits Plan, the Participate Date was November 1, 2018.

 

C8.1     
Eligibility and Coverage

 

  1. The OECTA ELHT will maintain eligibility for OCEW and Unifor represented employees who are currently eligible
    for benefits, and any newly eligible employee covered by the local terms of the applicable collective agreement
    (“OCEW represented employees”).

 

  1. Retirees who were previously represented by OCEW or Unifor, who were, and still are members of a board benefit
    plan as at the participation date are eligible to receive benefits through the ELHT with funding based on prior
    arrangements. Retirees will be eligible to transition from Board run benefits plans into segregated plans
    administered by the OECTA ELHT, subject to a Board’s right to opt out, in accordance with Letter of Agreement
    #14.
  2. No individuals who retire after the Participation Date are eligible for benefits.

 

  1. Notwithstanding b) and c):

 

  1. applicable Windsor Essex Catholic District School Boards’ Unifor employees and
    retirees will be administered in accordance with the Minutes of Settlement signed by Unifor and the Crown on
    November 17, 2016;
  2. applicable Greater Essex County District School Boards’ Skilled Trades employees and
    retirees will be administered in accordance with the Minutes of Settlement signed by the school board, the
    members of the Skilled Trades Council, and the Crown on February 7, 2019; and
  • Nothing in this agreement shall be construed as altering the fundamental obligations
    assumed by any party to the Minutes of Settlement referenced in i. or ii above.

 

C8.2 Funding

 

Funding related to the ELHT Benefit Plan(s) will be based on the following:

a)      A reconciliation process based on the financial results for the year ending on
August 31, 2022 equal to the lesser of the total cost of the OCEW and Unifor plans per FTE and the funding rate per
FTE as of September 1, 2021. This reconciliation will adjust the amount per FTE as of September 1, 2022.

                                                        i.            The financial
results for reconciliation shall be based on the audited financial statements for the year ending on August 31,
2022. The Parties and the Crown agree to jointly request that the OECTA ELHT provide the audited financial
statements, at the OCEW and Unifor’s Benefit plan expense, no later than November 30, 2022.

 

                                                      ii.            The total cost
represents the actual costs related to the delivery of the OCEW and Unifor benefit plans through the OECTA ELHT.
Total cost is defined as the total cost on August 31, 2022 audited financial statements, excluding any and all costs
related to retirees and optional employee benefit costs. The Parties agree that the audited financial statements
should provide a breakdown of total cost which shall include the total cost of the OCEW and Unifor benefits plan and
related costs which include but are not limited to claims, administration expenses, insurance premiums, consulting,
auditing, and advisory fees, legal fees and all other costs and taxes as reported in the OECTA ELHT audited
financial statements.

  1. Funding amounts for benefits maintenance or improvements to adjust the current OCEW rate ($5,489.12) and Unifor
    rate ($5,529.14):

    1. September 1, 2019: 1%
    2. September 1, 2020: 1%
  • September 1, 2021: 1%

 

  1. In addition to b), within 90 days of confirmation that all OCEW bargaining units have completed ratification of
    the local terms, the Crown shall make a

    1. one-time payment of $2,500,000 (inclusive of tax) to the OECTA ELHT – OCEW separate account; and
    2. a one-time payment of $250,000 (inclusive of tax) to the OECTA ELHT – Unifor separate account.

 

d)      All funding outlined in d) i) shall be conditional on no enhancement being made
to the OCEW or Unifor Benefit Plans over the term of the agreement equivalent to an annual increase of greater than
1% of total benefits costs as defined in a) ii) or any reductions to existing premium share or the introduction of a
premium holiday.  For clarity, the total value of all plan enhancements or premium holidays made up to August 31,
2022, shall not exceed 1% of the annual OCEW or Unifor Benefits Plan costs for the year in which the enhancement is
made. The OECTA ELHT trustees shall provide the sponsoring parties information that confirms the cost of the
increases, at the OCEW or Unifor’s Benefit plan expense, should any of the sponsoring parties request it. For
clarity, changing the enrollment from closed to an open enrollment, without expanding eligibility to new groups of
employees or a merger or harmonization of the OCEW and Unifor benefits plans, is not considered a plan enhancement.

 

  1. If the audited financial statements for the years ending December 31, 2020 or December 31, 2021, report net
    assets below 15% of the total cost of the OCEW or Unifor benefit plans, due to inflation for that year, defined
    in a) ii), the rate determined under b) shall be increased by 3% retroactive to the beginning of that school
    year in each of two years the net assets are below the threshold. This increase will only apply to the benefit
    plan that falls below the threshold.

 

C8.3      Cost Sharing

  1. The terms and conditions of any existing Employee Assistance Program/Employee Family
    Assistance Program shall remain the responsibility of the respective Board and not the ELHT, maintaining current
    employer and employee co-share where they exist. The Board shall maintain its contribution to all statutory
    benefits as required by legislation (including but not limited to Canada Pension Plan, Employment Insurance,
    Employer Health Tax, etc.).

 

  1. Any cost sharing or funding arrangements regarding the EI rebate will remain status
    quo.

 

C8.4      Full-Time Equivalent (FTE) and Employer Contributions

 

  1. For purposes of ongoing funding, the FTE positions will be those consistent with the Ministry of Education FTE
    directives as reported in what is commonly known as Appendix H – staffing schedule by Employee/Bargaining group
    for job classifications that are eligible for benefits.

 

  1. The FTE used to determine the board benefits contributions will be based on the estimated average FTE reported
    by the boards in the staffing schedule by Employee/Bargaining group as of October 31 and March 31.

 

  1. Monthly amounts paid by the board to the OECTA ELHT’s administrator based on estimates FTE shall be reconciled
    by the Crown to the actual average FTE reported by the boards in the staffing schedule by Employee/Bargaining
    group for each school year ending August 31. If the reconciliation of FTE results in any identified differences
    in funding, those funds shall be remitted to or recovered from the OECTA ELHT in a lump sum on a board by board
    basis.

 

  1. In the case of a dispute regarding the FTE used to determine the boards’ benefits contributions to the OECTA
    ELHT, the dispute shall be resolved between the board and the local union represented by OCEW. If no resolution
    to the issue can be achieved it shall be subject to the Central Dispute Resolution Process.

 

C8.5      Pay in Lieu of Benefits

 

  1. All employees not transferred to the Trust who received pay in lieu of benefits under a collective agreement in
    effect as of August 31, 2014, shall continue to receive the same benefit.

 

  1. For all construction or maintenance employees participating in a benefits plan provided by their construction
    union or affiliate, payment for this arrangement will remain the on-going obligation of the affected boards.

 

  1. New hires after the Participation Date who are eligible for benefits through the OECTA ELHT are not eligible for
    pay in lieu of benefits.

 

C8.6      Privacy

 

The Parties agree to inform the Trust Plan Administrator, that in accordance with applicable privacy legislation, the
Trust Plan Administrator shall limit the collection, use and disclosure of personal information to information that is
necessary for the purpose of providing benefits administration services. The Trust Plan Administrator’s policy shall
also be based on the Personal Information Protection and Electronic Documents Act (PIPEDA).

C8.7      Benefits Committee

A benefits committee comprised of the employee representatives and the employer representative, including the Crown,
will convene upon request to address all matters that may arise in the delivery of the OCEW benefits plan.


C9.00         STATUTORY LEAVES OF ABSENCE/SEB

C9.1      Family Medical Leave or Critical Illness Leave

  1. Family Medical Leave or Critical Illness leaves granted to an employee under this Article shall be in accordance
    with the provisions of the Employment Standards Act, as amended.

 

  1. The employee will provide to the employer such evidence as necessary to prove entitlement under the ESA.

 

  • An employee contemplating taking such leave(s) shall notify the employer of the intended date the leave is to
    begin and the anticipated date of return to active employment.

 

  1. Seniority and experience continue to accrue during such leave(s).

 

  1. Where an employee is on such leave(s), the Employer shall continue to pay its share of the benefit premiums,
    where applicable. To maintain participation and coverage under the Collective Agreement, the employee must agree
    to provide for payment for the employee’s share of the benefit premiums, where applicable.

 

  1. In order to receive pay for such leaves, an employee must access Employment Insurance and the Supplemental
    Employment Benefit (SEB) in accordance with C9.2, if allowable by legislation. An employee who is eligible for
    E.I. is not entitled to benefits under a school board’s sick leave and short term disability plan.

C9.2      Supplemental Employment Benefits (SEB)

  1. The Employer shall provide for permanent employees who access such Leaves, a SEB plan to top up their E.I.
    Benefits. The permanent employee who is eligible for such leave shall receive 100% salary for a period not to
    exceed eight (8) weeks provided the period falls within the work year and during a period for which the
    permanent employee would normally be paid. The SEB Plan pay will be the difference between the gross amount the
    employee receives from E.I. and their regular gross pay.

 

  1. Employees completing a term assignment shall also be eligible for the SEB plan with the length of the benefit
    limited by the term of the assignment.

 

  • SEB payments are available only to supplement E.I. benefits during the absence period as specified in this plan.

 

  1. The employee must provide the Board with proof that he/she has applied for and is in receipt of employment
    insurance benefits in accordance with the Employment Insurance Act, as amended, before SEB is payable.

C10.00 SICK LEAVE

C10.1   Sick Leave/Short Term Leave and Disability Plan –
Employees (excluding casual and term employees)

a)      Sick Leave Benefit Plan

The Sick Leave Benefit Plan will provide sick leave days and short term disability days for reasons of personal illness,
personal injury, including personal medical appointments and personal dental emergencies. Appointments shall be
scheduled outside of working hours, where possible.

b)     Sick Leave Days

Subject to paragraphs C10.1 d) i-v below, full-time Employees will be allocated eleven (11) sick days at one hundred
percent (100%) salary in each school year. Employees who are less than full-time shall have their sick leave allocation
pro-rated.

 

c)      Short-Term Leave and Disability Plan (STLDP)

Subject to paragraphs C10.1 d) i-v below, full-time Employees will be allocated one hundred and twenty (120) short-term
disability days in September of each school year. Employees who are less than full-time shall have their STLDP
allocation pro-rated. Employees eligible to access STLDP shall receive payment equivalent to ninety percent (90%) of
regular salary.

d)     Eligibility and Allocation

The allocations outlined in paragraphs C10.1 b) and c) above, will be provided on the first day of each school year,
subject to the restrictions outlined in C10.1 d) i-v below.

  1. An employee is eligible for the full allocation of sick leave and STLDP regardless of start date of employment
    or return to work from any leave other than sick leave, WSIB or LTD.
  2. All allocations of sick leave and STLDP shall be pro-rated based on FTE at the start of the school year. Any
    changes in FTE during a school year shall result in an adjustment to allocations.
  • Where an employee is accessing sick leave, STLDP, WSIB or LTD in a school year and the absence due to the same
    illness or injury continues into the following school year, the employee will continue to access any unused sick
    leave days or STLDP days from the previous school year’s allocation. Access to the new allocation provided as
    per paragraphs C10.1(b) and (c) for a recurrence of the same illness or injury will not be provided to the
    employee until the employee has completed eleven (11) consecutive working days at his/her full FTE without
    absence due to illness.
  1. For the purpose of iii) of this article, eleven (11) consecutive working days of employment shall not include a
    period of leave for a medical appointment, which is related to the illness/injury that had been the reason for
    the employee’s previous absence, but days worked before and after such leave shall be considered consecutive. It
    shall be the employee’s obligation to provide medical confirmation that the appointment was related to the
    illness/injury.
  2. Where an employee is accessing STLDP, WSIB, or LTD in the current school year as a result of an absence due to
    the same illness or injury that continued from the previous school year and has returned to work at less than
    his/her FTE, the employee will continue to access any unused sick leave days or STLDP days from the previous
    school year’s allocation. In the event the employee exhausts their STLDP allotment and continues to work
    part-time their salary will be reduced accordingly and a new prorated sick leave and STLDP allocation will be
    provided. Any absences during the working portion of the day will not result in a loss of salary or further
    reduction in the previous year’s sick leave allocation, but will instead be deducted from the new allocation
    once provided. Once provided, the new allocation will be reconciled as necessary, consistent with (a) (b) and
    (c) above, to account for any sick leave which may have been advanced prior to the new allocation being
    provided.
  3. Where any employee is not receiving benefits from another source and is working less than his/her full FTE in
    the course of a graduated return to work as the employee recovers from an illness or injury, the employee may
    use an unused sick/short term disability allocation remaining, if any, for the employee’s FTE that the employee
    is unable to work due to illness or injury.
  • A partial sick leave day or short-term disability day will be deducted for an absence for a partial day.

e)      WSIB & LTD

An Employee who is receiving benefits under the Workplace Safety and Insurance Act, or under a LTD plan, is not entitled
to benefits under a school board’s sick leave and short term disability plan for the same condition unless the employee
is on a graduated return to work program then WSIB/LTD remains the first payor.

For clarity, where an employee is receiving partial benefits under WSIB/LTD, they may be entitled to receive benefits
under the sick leave plan, subject to the circumstances of the specific situation. During the interim period from the
date of the injury/incident or illness to the date of the approval by the WSIB/LTD of the claim, the employee may access
sick leave and short term leave and disability coverage. A reconciliation of sick leave deductions made and payments
provided, will be undertaken by the school board once the WSIB/LTD has adjudicated and approved the claim. In the event
that the WSIB/LTD does not approve the claim, the school board shall deal with the absence consistent with the terms of
the sick leave and short term leave and disability plans.

f)       Short-Term Leave and Disability Plan Top-up

  1. Employees accessing STLDP will have access to any unused Sick Leave Days from their last year worked for the
    purpose of topping up salary to one hundred percent (100%) under the STLDP.
  2. This top-up is calculated as follows:

Eleven (11) days less the number of sick leave days used in the most recent year worked.

  • Each top-up from 90% to 100% requires the corresponding fraction of a day available for top-up.
  1. In addition to the top-up bank, top-up for compassionate reasons may be considered at the discretion of the
    board on a case by case basis. The top-up will not exceed two (2) days and is dependent on having two (2) unused
    Short Term Paid Leave Days in the current year. These days can be used to top-up salary under the STLDP.
  2. When employees use any part of an STLDP day they may access their top up bank to top up their salary to 100%.

g)      Sick Leave and STLDP Eligibility and Allocation for
Employees in a Long-Term Assignment

Notwithstanding the parameters outlined above, the following shall apply to an employee in a term assignment:

  1. Employees working less than a full year, and/or less than full-time, shall have their allocation of sick leave
    and STLDP prorated on the basis of the number of their working days compared to the full working year for their
    classification. The length of the sick leave shall be limited to the length of the assignment.
  2. Where the length of the term assignment is not known in advance, a projected length must be determined at the
    start of the assignment in order for the appropriate allocation of sick leave/STLDP to occur. If a change is
    made to the length of the term or the FTE, an adjustment will be made to the allocation and applied
    retroactively.
  • An employee who works more than one term assignment in the same school year may carry forward Sick leave and
    STLDP from one term assignment to the next, provided the assignments occur in the same school year.

h)     Administration

  1. The Board may require and the employee shall provide medical confirmation of illness or injury to substantiate
    access to sick leave or STLDP.
  2. The Board may require information to assess whether an employee is able to return to work and perform the
    essential duties of his/her position. Where this is required, such information shall include his/her
    limitations, restrictions and disability related needs to assess workplace accommodation as necessary (omitting
    a diagnosis) and will be collected using the form as per Appendix B. An alternate form may be used where one is
    mutually developed and agreed upon at the local level.
  • A board decision to deny access to benefits under sick leave or STLDP will be made on a case-by-case basis and
    not based solely on a denial of LTD.
  1. The employer shall be responsible for any costs related to independent third party medical assessments required
    by the employer.
  2. The Board shall notify employees and the Bargaining Unit, when they have exhausted their 11 days allocation of
    sick leave at 100% of salary.

i)        Proof of Illness

  1. A Board may request medical confirmation of illness or injury and any restrictions or limitations any Employee
    may have, confirming the dates of absence and the reason thereof (omitting a diagnosis). Medical confirmation is
    required to be provided by the Employee for absences of five (5) consecutive working days or longer.
  2. Where an Employee does not provide medical confirmation as requested, or otherwise declines to participate
    and/or cooperate in the administration of the Sick Leave Benefit Plan, access to compensation may be suspended
    or denied. Before access to compensation is denied, discussion will occur between the Union and the school
    board. Compensation will not be denied for the sole reason that the medical practitioner refuses to provide the
    required medical information. A school Board may require an independent medical examination to be completed by a
    medical practitioner qualified in respect of the illness or injury of the Board’s choice at the Board’s expense.
  3. In cases where the Employee’s failure to cooperate is the result of a medical condition, the Board shall
    consider those extenuating circumstances in arriving at a decision.

j)        Pension Contributions While on Short Term
Disability

 

Contributions for OMERS Plan Members:

When an Employee/Plan Member is on short-term sick leave and receiving less than 100% of regular salary, the Board will
continue to deduct and remit OMERS contributions based on 100% of the Employee/Plan Member’s regular pay.

 

Contributions for OTPP Plan Members:

When an Employee/Plan Member is on short-term sick leave and receiving less than 100% of regular salary, the Board will
continue to deduct and remit OTPP contributions based on 100% of the employee/plan member’s regular pay.

If the Employee/Plan Member exceeds the maximum allowable paid sick leave before qualifying for Long-Term Disability
(LTD)/Long-Term Income Protection (LTIP), pension contributions will cease. The Employee/Plan Member is entitled to
complete a purchase of credited service, subject to existing plan provisions for periods of absence due to illness
between contributions ceasing under a paid short-term sick leave provision and qualification for Long-Term Disability
(LTD)/Long-Term Income Protection (LTIP) when employee contributions are waived. If an Employee/Plan Member is not
approved for LTD/LTIP, such absence shall be subject to existing plan provisions.

 

C11.00       ATTENDANCE AT MANDATORY MEETINGS/SCHOOL EVENTS

 

Where an Employee is required through direction by the Board to attend work outside of regular working hours, the
provisions of the local collective agreement regarding hours of work, including any relevant overtime/lieu time
provisions, shall apply.

 

Required attendance outside of regular working hours may include, but is not limited to school staff meetings,
parent/teacher interviews, curriculum nights, Individual Education Plan and Identification Placement Review Committee
meetings, and consultations with Board professional staff.

 

 

 

AppendIx A – RETIREMENT GRATUITIES

Sick Leave Credit-Based Retirement Gratuities (where
applicable)

  1. An Employee is not eligible to receive a sick leave credit gratuity after August 31, 2012, except a sick leave
    credit gratuity that the Employee had accumulated and was eligible to receive as of that day.
  2. If the Employee is eligible to receive a sick leave credit gratuity, upon the Employee’s retirement, the
    gratuity shall be paid out at the lesser of,
  3. the rate of pay specified by the Board’s system of sick leave credit gratuities that applied to the Employee on
    August 31, 2012; and
  4. the Employee’s salary as of August 31, 2012.
  5. If a sick leave credit gratuity is payable upon the death of an Employee, the gratuity shall be paid out in
    accordance with subsection (2).
  6. For greater clarity, all eligibility requirements must have been met as of August 31, 2012 to be eligible for
    the aforementioned payment upon retirement, and the Employer and Union agree that any and all wind-up payments
    to which Employees without the necessary years of service were entitled to under Ontario Regulation 01/13: Sick
    Leave Credits and Sick Leave Credit Gratuities, have been paid.
  7. For the purposes of the following Boards, despite anything in the Board’s system of sick leave credit
    gratuities, it is a condition of eligibility to receive a sick leave credit gratuity that the Employee have 10
    years of service with the Board:
  8. Hamilton-Wentworth District School Board
  9. Hamilton-Wentworth Catholic District School Board

 

 

APPENDIX B – ABILITIES FORM

Employee Group: Requested By:
WSIB Claim:         Yes           
 No
WSIB Claim Number:

To the Employee:  The purpose for this form is to provide the Board with information to assess whether
you are able to perform the essential duties of your position, and understand your restrictions and/or limitations to
assess workplace accommodation if necessary.

Employee Name:

(Please print)

Employee Signature:
Job Title:

Employee ID:

Telephone No:
Employee

Address:

Work Location:

 

Employee’s Consent:  I authorize the Health Professional involved with my treatment to provide to my
employer this form when complete. This form contains information about any medical limitations/restrictions affecting my
ability to return to work or perform my assigned duties.

1.      Health Care Professional:  The following information should be
completed by the Health Care Professional
First Day of Absence:

______________________

General Nature of Illness (please do not include
diagnosis
):

_____________________________________________________

Date of Assessment:

dd             mm           yyyy

 

2A:  Health Care Professional to complete.  Please outline your
patient’s abilities and/or restrictions based on your objective medical findings.
PHYSICAL (if applicable)
Walking:

Full Abilities

Up to 100 metres

100 – 200 metres

Other (please specify):

 

Standing:

Full Abilities

Up to 15 minutes

15 – 30 minutes

Other (please specify):

Sitting:

Full Abilities

Up to 30 minutes

30 minutes – 1 hour

Other (please specify):

Lifting from floor to waist:

Full Abilities

Up to 5 kilograms

5 – 10 kilograms

Other (please specify):

Lifting from Waist to Shoulder:

Full abilities

Up to 5 kilograms

5 – 10 kilograms

Other (please specify):

 

Stair Climbing:

Full abilities

Up to 5 steps

6 – 12 steps

Other (please specify):

  Use of Hand(s):

Left Hand                                  Right Hand

Gripping                                  Gripping

Pinching                                 Pinching

Other (please specify):          Other (please specify):

 


 Bending/twisting repetitive movement of(please specify):
 Work at or above

     shoulder activity:

 

 Chemical exposure to: Travel to Work:

Ability to use public transit

______________________

Ability to drive car

 

 

Yes     No

______________

Yes     No

2B:  COGNITIVE (please complete all that is
applicable
)
Attention and Concentration:

Full Abilities

Limited Abilities

Comments:

Following Directions:

Full Abilities

Limited Abilities

Comments:

Decision- Making/Supervision:

Full Abilities

Limited Abilities

Comments:

Multi-Tasking:

Full Abilities

Limited Abilities

Comments:

 

Ability to Organize:

Full Abilities

Limited Abilities

Comments:

Memory:

Full Abilities

Limited Abilities

Comments:

 

Social Interaction:

Full Abilities

Limited Abilities

Comments:

 

Communication:

Full Abilities

Limited Abilities

Comments:

Please identify the assessment tool(s) used to determine the above abilities
(Examples: Lifting tests, grip strength tests, Anxiety Inventories, Self-Reporting, etc.
Additional comments on  Limitations (not able to do) and/or Restrictions
(should/must not do) for all medical conditions
:

 

3:  Health Care Professional to complete.
From the date of this assessment, the above will apply for approximately:

 

Fewer than 6     6 – 10 days     11- 15 days    16- 25 days   26 + days

Permanently

Have you discussed return to work with your patient?

 

Yes                         No

Recommendations for work hours and start date (if applicable):

 

Regular full time hours        Modified hours    Graduated hours

Start Date:                                 dd             mm          
yyyy
Is patient on an active treatment plan?:   Yes                           No

 

Has a referral to another Health Care Professional been made?

Yes (optional – please specify): ________________________________________________   No

 

If a referral has been made, will you continue to be the patient’s primary Health Care Provider? 
 Yes                         No

 

Please check one:

Patient is capable of returning to work with no restrictions.

 Patient is capable of returning to work with restrictions.  
Complete section 2 (A & B) & 3
 I have reviewed sections 2 (A & B) and have determined that the Patient
is totally disabled and is unable to return to work at this time.

Should the absence continue, updated medical information may be requested after
the date of the follow up appointment indicated in section 4.

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

 

Completing Health Care Professional Name:

(Please Print)

 
 

Date:

 

Telephone Number:

 

Fax Number:

 

Signature:

 

 

LETTER OF AGREEMENT #1

 

BETWEEN

The Ontario Council of Educational Workers

(Hereinafter ‘OCEW’)

AND

The Council of Trustees Associations

(Hereinafter The ‘CTA’)

 

RE:        Job Security

 

The parties acknowledge that education workers contribute in a significant way to student achievement and well-being.

  1. Effective as of the date of central ratification, the Board undertakes to maintain its

Protected Complement, except in cases of:

  1. A catastrophic or unforeseeable event or circumstance;
  2. Declining enrolment;
  3. Funding reductions directly related to services provided by bargaining unit members; or
  4. School closure and/or school consolidation.

 

  1. Where complement reductions are required pursuant to 1. above, they shall be achieved as

follows:

  1. In the case of declining enrolment, complement reductions shall occur at a rate not greater than the rate of
    student loss, and
  2. In the case of funding reductions, complement reductions shall not exceed the amount of such funding reductions,
    and
  3. In the case of school closure and/or school consolidation, complement reductions shall not exceed the number of
    staff prior to school closure/consolidation at the affected location(s).

 

Local collective agreement language will be respected, regarding notification to the union of complement reduction.  In
the case where there is no local language the board will notify the union within twenty (20) working days of determining
there is to be a      complement reduction.

 

  1. For the purpose of this Letter of Understanding, at any relevant time, the overall protected

complement is equal to:

  1. The FTE number (excluding temporary, casual and/or occasional positions) as at date of central ratification. The
    FTE number is to be agreed to by the parties through consultation at the local level.  Appropriate disclosure
    will be provided during this consultation. Disputes with regard to the FTE number may be referred to the Central
    Dispute Resolution Process.
  2. Minus any attrition, defined as positions that become vacant and are not replaced, of bargaining unit members
    which occurs after the date of central ratification.

 

  1. Reductions as may be required in 1. above shall only be achieved through lay-off after

consultation with the union on alternative measures, which may include:

  1. priority for available temporary, casual and/or occasional assignments;
  2. the establishment of a permanent supply pool where feasible;
  3. the development of a voluntary workforce reduction program (contingent on full provincial government funding).

 

  1. The above language does not allow trade-offs between the classifications outlined below:
  2. Educational Assistants/CYWs
  3. ECEs/ DECEs
  4. Office/Clerical
  5. Custodians/Cleaners
  6. Maintenance/ Construction Trades
  7. Instructors
  8. Professionals (including Speech Pathologists)
  9. Information Technology Staff
  10. Library Technicians
  11. Central Administration
  12. Media Specialists

 

  1. Any and all existing local collective agreement job security provisions remain.

 

  1. Staffing provisions with regard to surplus and bumping continue to remain a local issue.

 

  1. This Letter of Understanding expires on August 30, 2022.

LETTER OF AGREEMENT #2

 

BETWEEN

The Ontario Council of Educational Workers

(Hereinafter ‘OCEW’)

AND

The Council of Trustees Associations

(Hereinafter The ‘CTA’)

 

RE:        Scheduled Unpaid Leave Plan

 

The following Scheduled Unpaid Leave Plan (SULP) is available to all permanent Employees for the 2020-2021 and 2021-2022
school years.  Employees approved for SULP days shall not be replaced.

 

For Employees who work a 10-month year a School Board will identify two (2) Professional Activity days in each of the
years outlined above, that will be made available for the purpose of the SULP.

 

For Employees whose work year is greater than ten (10) months, a school board will designate days, subject to system and
operational requirements, which will be available for the purpose of the SULP in each of the school years listed above.
These Employees will be eligible to apply for up to two (2) days leave in each of these years.

 

The days will be designated by June 15, of the current school year for the upcoming school year. All interested
Employees will be required to apply, in writing, for leave by no later than September 30, of the current school year.
Approval of the SULP is subject to system and operational needs of the Board and School. Approved leave days may not be
cancelled or changed by the school board or the Employee. Half day leaves may be approved, subject to the system and
operational needs of the Board and School.

 

For Employees enrolled in the OMERS pension, the employer will deduct the Employee and employer portion of pension
premiums for the unpaid days and will remit same to OMERS.

The following clause is subject to either Teacher Pension Plan amendment or legislation:

Within the purview of the Teachers’ Pension Act (TPA), the Minister of Education will seek an agreement from
the Ontario Teachers’ Federation (OTF) to amend the Ontario Teachers’ Pension Plan (OTPP) to allow for adjusting pension
contributions to reflect the Scheduled Unpaid Leave Plan (SULP) with the following principles:

 

Contributions will be made by the Employee/Plan Member on the unpaid portion of each unpaid day, unless directed
otherwise in writing by the employee/plan member;

The government/employer will be obligated to match these contributions;

The exact plan amendments required to implement this change will be developed in collaboration with the OTPP and the
co-sponsors of the OTPP (OTF and the Minister of Education); and

 

The plan amendments will respect any legislation that applies to registered pension plans, such as the Pension
Benefits Act
and Income Tax Act.

 

This Letter of Agreement expires on August 30, 2022.

 

 

 

 

LETTER OF AGREEMENT #3

 

BETWEEN

The Ontario Council of Educational Workers

(Hereinafter ‘OCEW’)

AND

The Council of Trustees Associations

(Hereinafter The ‘CTA’)

AND

The Crown

 

RE:        Professional Activity Day

 

The parties confirm that there will continue to be seven (7) PA Days during the term of this collective agreement. There
will be no loss of pay for OCEW members (excluding casual employees) as a result of the implementation of these
additional PA days.  For further clarity, the additional PA day will be deemed a normal work day.  OCEW members will be
required to attend and perform duties as assigned.  Notwithstanding these days may be designated as SULP days.

 

Casual employees who are directed to attend training on PA Days will be compensated in accordance with current local
collective agreement provisions.

 

 

LETTER OF AGREEMENT #4

 

BETWEEN

The Ontario Council of Educational Workers

(Hereinafter ‘OCEW’)

AND

The Council of Trustees Associations

(Hereinafter The ‘CTA’)

 

RE:        Sick Leave

The parties agree that any current collective agreement provisions and/or Board policies/practices/procedures related to
Sick Leave that do not conflict with the clauses in the Sick Leave article in the Central Agreement shall remain as per
August 31, 2019.

 

  1. Responsibility for payment for medical documents.
  2. Sick leave deduction for absences of partial days.

 

The parties agree that attendance support programs are not included in the terms of this Letter of Agreement.

 

 

LETTER OF AGREEMENT #5

BETWEEN

The Ontario Council of Educational Workers

(Hereinafter ‘OCEW’)

AND

The Council of Trustees Associations

(Hereinafter The ‘CTA’)

AND

The Crown

 

RE:        Half-Day Violence Prevention Training

A half-day of training on violence prevention paid at the employee’s usual rate will occur during the 2020-2021 and
2021-2022 school years. The training will occur on a Professional Activity Day prior to December 31 of each year.

 

Training topics may include:

 

  • Roadmap Resource
  • Online Incident Reporting Software
  • Notification of Potential Risk of Injury Forms
  • Prevention and De-escalation of Violence
  • Effective Risk Assessments and Safety Plan Development

 

Consultation between the school board and the local union will occur regarding the half-day training on violence
prevention.

 

This letter will not limit a school board from providing additional violence prevention training if it chooses to do so.

 

 

 

LETTER OF AGREEMENT #6

BETWEEN

The Ontario Council of Educational Workers

(Hereinafter ‘OCEW’)

AND

The Council of Trustees Associations

(Hereinafter The ‘CTA’)

AND

The Crown

 

RE: Online Reporting Tool for Violent Incidents

The Parties agree that it is in their mutual interest to ensure that any remaining issues regarding the implementation
of the Online Incident Reporting Tool described in Memorandum SB06, dated April 19, 2018 (“Memorandum SB06”) are
addressed at the earliest available opportunity.

To that end, by no later than September 30, 2020 each School Board and OCEW local will meet, with the assistance of the
Joint Health and Safety Committee as necessary, to review the reporting tool implemented by the School Board to ensure
that it is consistent with Memorandum SB06.

If the Parties agree that the reporting tool implemented by the Board is consistent with Memorandum SB06, they will then
consult regarding training for the new reporting tool in accordance with LOA #5 (Half-Day of Violence Prevention
Training). The Board will ensure that those who were unable to attend the Half-Day of Violence Prevention Training will
also have an opportunity to receive training for the new reporting tool.

Any disagreement as to whether the reporting tool implemented by the Board is consistent with Memorandum SB06, will be
referred to the OCEW Central Labour Relations Committee (CLRC) by no later than October 15, 2020. If the CLRC determines
that the reporting tool implemented by a School Board is not consistent with Memorandum SB06, it will advise the
relevant School Board(s) of any remaining issues relating to the implementation of the reporting tool by no later than
November 1, 2020. The Board will implement any necessary changes.

The data gathered by the Board through the Online Incident Reporting Tool will be provided to each local. This data will
be provided in an aggregated report with due regard to student and staff privacy and any relevant legislation.

 

 

 

 

LETTER OF AGREEMENT #7

 

BETWEEN

The Ontario Council of Educational Workers

(Hereinafter ‘OCEW’)

AND

The Council of Trustees Associations

(Hereinafter The ‘CTA’)

 

 

RE:        Employment Insurance
(E.I.) Rebate

The parties agree that where the E.I. rebate is used to fund extended health care benefits, it is connected to the
central issue of benefits and is therefore status quo until August 31, 2022.

 

 

LETTER OF AGREEMENT #8

 

BETWEEN

The Ontario Council of Educational Workers

(Hereinafter ‘OCEW’)

AND

The Council of Trustees Associations

(Hereinafter The ‘CTA’)

 

 

RE:        Professional Development

The parties acknowledge the important skills and expertise that Educational Workers contribute to Ontario’s publicly
funded schools and their commitment to improving student achievement.

Where the Ministry provides funds to local School Boards specifically to provide professional development to Employees
covered by this collective agreement, local School Boards shall consult with local Union representatives prior to
finalizing and delivering the funded professional development.

 

 

LETTER OF AGREEMENT #9

 

BETWEEN

The Ontario Council of Educational Workers

(Hereinafter ‘OCEW’)

AND

The Council of Trustees Associations

(Hereinafter The ‘CTA’)

AND

The Crown

 

 

RE:        Children’s Mental Health, Special Needs and Other
Initiatives

The parties acknowledge the ongoing implementation of the Children’s Mental Health Strategy, the Special Needs Strategy,
and other initiatives within the Province of Ontario.

 

The parties further acknowledge the importance of initiatives being implemented within the Provincial Schools System
including but not limited to the addition of Mental Health Leads, and the protocol for partnerships with external
agencies/service providers.

 

It is agreed and affirmed that the purpose of the initiatives is to enhance existing mental health and at risk supports
to School Boards in partnership with existing Professional Student Services Support Staff and other school personnel. It
is not the intention that these enhanced initiatives displace OCEW members, nor diminish their hours of work.

 

 

LETTER OF AGREEMENT #10

 

BETWEEN

The Ontario Council of Educational Workers

(Hereinafter ‘OCEW’)

AND

The Council of Trustees Associations

(Hereinafter The ‘CTA’)

 

RE:        Status Quo Central Items

The parties agree that the following central issues have been addressed at the Central Table and that the provisions
shall remain status quo. For further clarity, if language exists, the following items are to be retained as written in
local collective agreements. As such the following issues shall not be subject to local bargaining or mid-term amendment
between local parties. Disputes arising in respect of such provisions shall be subject to Section 43 of the School
Boards Collective Bargaining Act
.

 

Issues:

  1. Long-Term Disability
  2. Hours of Work, excluding scheduling
  3. Work Week, excluding scheduling
  4. Work Year, excluding scheduling (other than those contained herein)
  5. Preparation and planning for all staff whose core duties are directly related to student/learner instruction
  6. Staffing levels
  7. Paid Vacation and Holidays including Statutory Holiday
  8. Weekly Indemnity
  9. Paid Education Leave
  10. WSIB Top up
  11. Technical Training Fund
  12. Long Service Pay
  13. OMERS
  14. Allowances/Premiums, except for increases which are dealt with elsewhere in the central agreement
  15. Supply Custodian Language
  16. Women’s Advocacy Training
  17. Licencing
  18. Bereavement Leave
  19. Compassionate Leave
  20. Personal Days
  21. Deferred Salary Leave Plan
  22. Job Security
  23. Employee Assistance Plan
  24. Sick Leave to establish E.I. Maternity Benefits

 

 

LETTER OF AGREEMENT #11

BETWEEN

The Ontario Council of Educational Workers

(Hereinafter ‘OCEW’)

AND

The Council of Trustees Associations

(Hereinafter The ‘CTA’)

AND

The Crown

 

RE:        Ministry Initiatives

OCEW Members will be an active participant in the consultation process at the Ministry Initiatives Committee. The
Ministry Initiatives Committee shall meet at least quarterly each year to discuss new initiatives, including
implications for training and resources.

 

 

LETTER OF AGREEMENT #12

BETWEEN

The
Ontario Council of Educational Workers

(Hereinafter
‘OCEW’)

AND

The
Council of Trustees Associations

(Hereinafter The ‘CTA’)

RE:        Provincial Working Group – Health and Safety

The parties confirm their commitment to continuing to participate in the Provincial Working Group – Health and Safety in
accordance with the Terms of Reference dated May 25, 2016, and any further amendments to the Terms of Reference as may
be agreed to from time to time.

Within thirty (30) days following the date of ratification of the central terms, the Parties and the Crown will jointly
recommend to the Provincial Working Group – Health and Safety that the issue of workplace violence, including sexual
violence (as defined in the Occupational Health and Safety Act, as amended) be added to the Working Group’s agenda at
the first available opportunity.  Jointly recommended topics for discussion will include:

  • the provision of information and training on the use of the school board’s online reporting tool to report an
    incident of workplace violence
  • conducting a risk assessment following an incident of workplace violence
  • the provision of safety-relevant information to employees related to workplace violence
  • the ability to summon immediate assistance following an incident of workplace violence.
  • other topics as the Parties and the Crown may jointly agree to recommend for discussion

LETTER OF AGREEMENT #13

 

BETWEEN

The
Ontario Council of Educational Workers

(Hereinafter
‘OCEW’)

AND

The
Council of Trustees Associations

(Hereinafter The ‘CTA’)

 

 

RE:        Status Quo Central Items and Items requiring
Amendment and Incorporation

 

The parties agree that the following central issues have been addressed at the Central Table and that the provisions
shall remain status quo. For further clarity, the following language must be aligned with current local provisions and
practices to reflect the provisions of the 2012-13 MOU. As such the following issues shall not be subject to local
bargaining or mid-term amendment by the local parties. Disputes arising in respect of such provisions shall be subject
to Section 43 of the School Boards Collective Bargaining Act, 2014.

 

  1. Pregnancy Leave Benefits

Definitions

  1. “casual employee” means,
  2. a casual employee within the meaning of the local collective agreement,
  3. if clause (i) does not apply, an employee who is a casual employee as agreed upon by the board and the
    bargaining agent, or
  • if clauses (i) and (ii) do not apply, an employee who is not regularly scheduled to work
  1. “term assignment” means, in relation to an employee,
  2. a term assignment within the meaning of the local collective agreement, or
  3. where no such definition exists, a term assignment will be defined as twelve (12) days of continuous employment
    in one assignment

 

Common Central Provisions

  1. Permanent employees and employees in term assignments who are eligible for pregnancy leave pursuant to the
    Employment Standards Act, shall receive a SEB plan to top up their E.I. Benefits. An Employee who is eligible
    for such leave shall receive the equivalent of 100% of salary as set out below, for a period immediately
    following the birth of her child, but with no deduction from sick leave or the Short Term Disability Program
    (STLDP). The SEB Plan pay will be the difference between the gross amount the Employee receives from E.I. and
    her regular gross pay.
  2. SEB payments are available only to supplement E.I. benefits during the absence period as specified in this plan.
  3. The Employee must provide the Board with proof that she has applied for and is in receipt of employment
    insurance benefits in accordance with the Employment Insurance Act, as amended, before SEB is payable.
  4. Permanent employees and employees in term assignments not eligible for a SEB plan as a result of failing to
    qualify for Employment Insurance will be eligible to receive 100% of salary from the employer for a total of
    eight (8) weeks with no deduction from sick leave or STLDP.
  5. Where any part of the eight (8) weeks falls during the period of time that is not eligible for pay (i.e. summer,
    March Break, etc.), the full eight (8) weeks of top up shall continue to be paid.
  6. Permanent employees and employees in term assignments who require longer than the eight (8) week recuperation
    period shall have access to sick leave and the STLDP subject to meeting the requirements to provide acceptable
    medical verification.
  7. Employees in term assignments shall be eligible for the SEB as described herein for a maximum of eight (8) weeks
    or the remaining number of weeks in their current assignment, whichever is less.
  8. If an employee begins pregnancy leave while on approved leave from the employer, the above maternity benefits
    provisions apply.
  9. The start date for the payment of the pregnancy benefits shall be the earlier of the due date or the birth of
    the child.
  10. Births that occur during an unpaid period (i.e. summer, March break, etc.) shall still trigger the pregnancy
    benefits. In those cases the pregnancy benefits shall commence on the first day after the unpaid period.
  11. Casual employees have no entitlement to the benefits outlined in this article.

 

Local Bargaining Units will identify which of the SEB Plans below apply in their circumstance. The applicable language
must be included with the Common Central language above as paragraph l). the full article should then reside in Part B
of the collective agreement:

  1. A SEB plan to top up their E.I. Benefits for eight (8) weeks of 100% salary is the minimum for all eligible
    employees. An Employee who is eligible for such leave shall receive 100% salary for a period not to exceed eight
    (8) weeks immediately following the birth of her child but with no deduction from sick leave or the Short Term
    Leave Disability Program (STLDP). The SEB Plan pay will be the difference between the gross amount the Employee
    receives from E.I. and their regular gross pay;

 

  1. A SEB Plan with existing superior entitlements;

 

  • A SEB or salary replacement plan noted above that is altered to include six (6) weeks at 100%, subject to the
    aforementioned rules and conditions, plus meshing with any superior entitlements to maternity benefits. For
    example, 17 weeks at 90% pay would be revised to provide six (6) weeks at 100% pay and an additional 11 weeks at
    90%.

 

  1. Statutory/Public Holidays

School boards shall ensure that within their local collective agreement terms, Family Day is included as a
statutory/public holiday.

 

  1. Workplace Safety Insurance Benefits (WSIB) Top Up Benefits

Where a class of employees was entitled to receive WSIB top-up on August 31, 2012 deducted from sick leave, the parties
must incorporate those same provisions without deduction from sick leave in the 2019-2022 collective agreement.  The
top-up amount to a maximum of four (4) years and six (6) months shall be included in the 2019-22 collective agreement.

 

Employees who were receiving WSIB top-up on September 1, 2012 shall have the cap of four (4) years and six (6) months
reduced by the length of time for which the Employee received WSIB top-up prior to September 1, 2012.

 

For Boards who did not have WSIB top-up prior to the MOU, status quo to be determined.

Provisions related to this article remain status quo in accordance with terms and conditions with collective agreements
from August 31st, 2014.

  1. Short Term Paid Leaves

The parties agree that the issue of short term paid leaves has been addressed at the Central Table and the provisions
shall remain status quo to the provisions in current local collective agreements. For further clarity, any leave of
absence in the 2008-2012 local collective agreement and including modifications made during local bargaining if any,
that utilized deduction from sick leave, for reasons other than personal illness shall be granted without loss of salary
or deduction from sick leave, to a maximum of 5 days per school year. For clarity, those boards that had 5 or less shall
remain at that level. Boards that had 5 or more days shall be capped at 5 days.  These days shall not be used for the
purpose of sick leave, nor shall they accumulate from year to year.

 

Short term paid leave provisions in the 2008-12 collective agreement or modifications made during local bargaining if
any that did not utilize deduction from sick leave remain status quo and must be incorporated into the 2019-22
collective agreement.

 

Provisions with regard to short term paid leaves shall not be subject to local bargaining or amendment by local parties.
However, existing local collective agreement language may need to be revised in order to align with the terms herein.

  1. Retirement Gratuities

The issue of Retirement Gratuities has been addressed at the Central Table and the parties agree that formulae contained
in current local collective agreements for calculating Retirement Gratuities shall govern payment of retirement
gratuities and be limited in their application to terms outlined in Appendix A – Retirement Gratuities.

 

Disputes arising in respect of such provisions shall be subject to Section 43 of the School Boards Collective
Bargaining Act.

 

The following language shall be inserted unaltered as a preamble to Retirement Gratuity language into every collective
agreement:

 

“Retirement Gratuities were frozen as of August 31, 2012. An Employee is not eligible to receive a sick leave credit
gratuity or any non-sick leave credit retirement gratuity (such as, but not limited to, service gratuities or RRSP
contributions) after August 31, 2012, except a sick leave credit gratuity that the Employee had accumulated and was
eligible to receive as of that day.

 

The following language applies only to those employees eligible for the gratuity above: ”[insert current Retirement
Gratuity language from local collective agreement]

 

  1. Sick Leave to Bridge Long Term Disability Waiting Period

Boards which have Long Term Disability waiting periods greater than 131 days shall ensure there is language that accords
with the following entitlement:

 

An Employee who has applied for long-term disability is eligible for additional short term disability leave days up to
the maximum difference between the long-term disability waiting period and 131 days.  The additional days shall be
payable at 90% and shall be used only to bridge the Employee to the long-term disability waiting period if, under a
collective agreement in effect on August 31, 2012, the Employee was required to wait more than 131 days before being
eligible for benefits under a Long-Term Disability plan and the collective agreement did not allow the employee the
option of reducing that waiting period.

 

 

LETTER OF AGREEMENT #14

 

BETWEEN

The
Ontario Council of Educational Workers

(Hereinafter
‘OCEW’)

AND

The
Council of Trustees Associations

(Hereinafter The ‘CTA’)

 

RE:        ELHT Benefit Matters

  1. Repurposing of the Education Worker Protection Fund (EWPF)

Funding that would have been made available for the purpose of creating an Education Worker Protection Fund shall be
provided as additional funding for the OCEW employee benefit plan(s) provided through the Ontario English Catholic
Teachers’ Association (OECTA) Employee Life and Health Trust (ELHT) as per collective agreement article C8.0 Funding c)
and d).

  1. OCEW and UNIFOR Benefit Plans Committee

 

Whereas the current structure of the OCEW Employee Life and Health Trust includes both a Unifor Benefits Plan and an
OCEW Benefits Plan, the Parties agree to establish a committee comprised of employee representatives from OCEW, employee
representatives from Unifor, employer representatives, Crown representatives, representatives from the Employee Life and
Health Trust (OECTA ELHT) and its third-party administrator to discuss matters relating to the delivery of the benefit
plans through the OECTA ELHT.

 

The committee will also explore the creation of a single benefit plan for all OCEW represented employees.  As part of
this work, the committee will identify, investigate, and discuss the following:

  • The differences between the current OCEW and Unifor Benefit Plans.
  • Considerations of joining the OCEW and Unifor Benefits Plans.
  • Pathways to transitioning to a single Benefits Plan.

The work of the committee will be shared with all parties prior to the next round of bargaining.

 

Should all of the members of the committee agree to a single OCEW Benefits Plan, it shall be established on or before
the expiration of this collective agreement.

 

 

  1. Retirees

 

The Parties and the Crown agree to meet for the purpose of transitioning retirees currently in board-run benefits plans
into segregated plan(s) administered by the OECTA ELHT, based on the following:

  1. Basic plan design is the active member plan design
  2. School boards can request alterations to the plan design to meet their specific needs (limited to survivor
    coverage for health and dental benefits, out of country coverage, hearing aids, physiotherapy, and private duty
    nursing) subject to the coverage being available by the carrier. It is not the intent of the parties to enhance
    the benefits coverage of the retirees. For example, life insurance is not to exceed the existing level of
    coverage.
  • Boards can opt out of the ELHT plan for retirees. It is understood that such opt out is irrevocable.
  1. The plan administrator will advise each school board of the per member premium cost on an annual basis.
  2. Any annual plan deficit shall be captured in the premiums charged to school boards and retirees in the
    subsequent benefit year.
  3. Any terminal deficit is the responsibility of all school boards who had members in the plan, based on a formula
    that includes the school board’s time in the plan and retiree enrolment.
  • School boards maintain any liability resulting from any issues arising as a result of members being transferred
    to the ELHT benefits plan for retirees. For clarity, once the transition is completed, the school board is not
    liable for any subsequent decisions by the Trust.
  • Any school board wanting to move its retirees into a plan administered by the ELHT shall sign a participation
    agreement.

 

The Parties and the Crown shall meet within sixty (60) days of ratification of central terms to discuss the transfer of
retirees to the trust as described above and timelines for the transition.

 

If by August 31, 2020 the Parties and the Crown are unable to resolve all disputes concerning the transfer of retirees
to the trust as described above and the timelines for transition, the Parties and the Crown (as participant) agree to
refer the matter to arbitration with a mutually agreed upon arbitrator. The arbitrator shall determine any outstanding
disputes based on the terms of this Memorandum of Understanding. The Parties agree that any arbitration on outstanding
disputes shall be scheduled expeditiously.

 

The Parties and the Crown agree that the timelines in this retiree section may be changed based on mutual agreement.

  1. Surplus/Reserves

 

All eligible and available surpluses remaining in board-owned defined benefit and board-owned defined contribution plans
as a result of the transfer of OCEW and Unifor benefit plans to the OECTA ELHT will be allocated between the school
board and the employees. The employees’ share is to be transferred to the applicable Trust 90 days after all Central
Employee Workers’ unions or council of unions, Teachers’ Federations, and other unions have signed their respective
Agreement on Central Terms or other agreements with this process.

  1. For policies where employee groups were tracked separately:
    1. The share of the total eligible and available surplus to be transferred to the OECTA ELHT – OCEW and
      Unifor separate accounts is the total OCEW and Unifor eligible and available surpluses multiplied by an
      amount equal to OCEW and Unifor represented employees’ pro rata share of employee premiums based on the
      employees’ co-share payment (including chargebacks for employee premiums) of benefits as reported by
      school boards to the ministry for the 2014-15 school year.

 

  1. For policies where multiple employee groups were pooled together:
    1. The total eligible and available surpluses will be allocated to each employee group based on the total
      paid premiums or claims costs of each group based on information provided to the ministry for the
      2014-15 school year.
    2. The share of the total eligible and available surplus to be transferred to the OECTA ELHT – OCEW and
      Unifor separate accounts is the total OCEW and Unifor eligible and available surpluses (calculated in
      B.i above) multiplied by an amount equal to OCEW and Unifor represented employees’ pro rata share of
      employee premiums based on the employees’ premiums based on the employees’ co-share payment (including
      chargebacks for employee premiums) of benefits as reported by school boards to the ministry for the
      2014-15 school year.

 

  1. For policies where employee groups were tracked separately and pooled together:
    1. Separately tracked surpluses are to be subtracted from the total eligible and available surpluses. The
      share of the separately tracked surpluses is to be transferred to the OECTA ELHT – OCEW and Unifor
      separate accounts as per the process described in section A above.
    2. The remaining eligible and available surpluses are then distributed based on the process described in
      section B above.

The total surplus amount to be allocated in sections A, B and C, will be based on the school board’s final surplus
balance as reported by the boards’ insurance carriers or, in the case of board-owned defined contribution plans, the
boards’ financial systems.

 

All school board reserves for Incurred But Not Reported (“IBNR”) claims and Claims Fluctuation Reserve (“CFR”) will
remain with the existing carriers until those reserves are released by the carriers based on the terms of existing
contracts.

 

School boards with deficits will recover the amount from their CFR and IBNR. Any portion of the deficit remaining in
excess of the CFR and IBNR will be the responsibility of the school board.

 

The school boards will not make any withdrawal, of any monies, from any health care benefit plan reserve, surplus and/or
deposit until direction by the ministry on the distribution of surpluses/reserves to the OECTA ELHT – OCEW and Unifor
separate accounts is provided to school boards.

 

Upon receipt by the OECTA ELHT – OCEW and Unifor separate accounts of all surplus amounts indicated in sections A, B,
and C of this Memorandum of Understanding, OCEW agrees to withdraw all central and local grievances related to eligible
and available surpluses remaining in board-owned defined benefit and board-owned defined contribution plans.

 

 

 

 

 

 

 

Historical Appendix of Central Terms – FOR Reference Only

 

LETTER
OF AGREEMENT #4

BETWEEN

The Ontario Public School Board Association
(hereinafter called ‘OPSBA’)

AND

The Ontario Catholic School Trustees Association
(hereinafter called ‘OCSTA’)

AND

The Ontario Council of Educational Workers

(hereinafter called ‘OCEW’)

RE:  Benefits

The parties agree that, once all Employees to whom this Memorandum of Settlement of the Central Terms applies become
covered by the Employee Life and Health Trust contemplated by this Letter of Agreement (LOA), all references to life,
health and dental benefits in the applicable local collective agreement shall be removed from that local agreement.

 

The OCEW shall request inclusion into an education sector Employee Life and Health Trust (ELHT), (hereinafter, the
“Trust”) within fifteen (15) days of central ratification.  Should OCEW fail to reach agreement, consistent with the
parameters contained herein, by February 29, 2016, the parties to this LOA will meet to consider other education sector
Trust options in the Province of Ontario.

 

The parties to this LOA agree to comply with the Trust’s requirements.  If the Trust agrees to accept the request for
inclusion, the provisions of the agreement between OCEW and the Trust shall be reflected in the participation agreement.

 

The provisions contained herein shall be applicable to OCEW within the Trust.

 

The Participation Date for OCEW shall be no earlier than September 1, 2016 and no later than August 31, 2017 and may
vary by Board.

 

The parties agree that there are a number of governance options, of which one governance option is set out in 1.0.0
below.

 

1.0.0     GOVERNANCE

OCEW shall be a separate division within the Trust and accounted for separately.

1.2.0     The parties confirm their intention to develop a governance structure that may include the following:

  1. the addition of a non-voting trustee to be appointed by the OCEW to the Board of Trustees or an alternative
    representation option available pursuant to the terms of the Trust
  2. the creation of an OCEW subcommittee of the Trust with the following responsibilities pertaining to the OCEW
    division:
  3. Plan design and amendments,
  4. Use of surpluses,
  5. Necessary actions or decisions required during a period in which the claims fluctuation reserve is less than
    8.3% of annual expenses over a projected three year period,
  6. Any matter related to copay arrangements, and
  7. Any other matters as appropriate.

The sub-committee decisions must comply with the requirements of the Trust and be approved by the Trust.

 

2.0.0     ELIGIBILITY and COVERAGE

2.1.0     The following OCEW represented Employees are eligible to receive benefits through the Trust:

2.1.1     Employees who are covered by the Local Collective Agreement and currently eligible for benefits provided by
the Board in collective agreements.

2.1.2     Retirees who were, and still are, members of a District School Board hereinafter referred to as the “Board(s)”
 benefit plan at August 31, 2013 based on the prior arrangements with the Board.

2.1.3     Retirees who became members of a Board benefit plan after August 31, 2013 and before the Board Participation
Date are segregated in their own experience pool, and the premiums are fully paid by the retirees.

2.1.4     No individuals who retire after the Board Participation Date are eligible.

2.2.0     The benefit plan may provide coverage for health (including but not limited to vision and travel), life and
dental benefits including accidental death and dismemberment (AD&D), medical second opinion, and navigational
support, subject to compliance with section 144.1 of the ITA.  Other Employee benefit programs may be considered for
inclusion, only if negotiated in future central collective agreements.

2.3.0     Each Board shall provide to the Trustees of the ELHT directly, or through its Insurance Carrier of Record,
Human Resource Information System (HRIS) information noted in Appendix A within one (1) month of notification from the
Trustees, in the format specified by the Trustees.

 

3.0.0     FUNDING

3.1.0     Start-Up Costs

3.1.1     The Government of Ontario will provide:

  1. A one-time contribution to the Trust equal to 15% of annual benefit costs to establish a Claims Fluctuation
    Reserve (“CFR”). The amount shall be paid to the Trust on or before September 1, 2016.
  2. A one-time contribution of 2.6% of annual benefit costs (estimated to be approximately $615,000), to cover
    start-up costs and/or reserves.

3.1.2     The one-time contributions in 3.1.1 (a) and (b) will be based on the actual cost per year for benefits (i.e.
claims, premiums, administration, tax, risk or profit charges, pool charges, etc.) as reported on the insurance
carrier’s most recent yearly statement for the year ending no later than August 31, 2015.  The aforementioned statements
are to be provided to the Ministry of Education.

3.1.3     The Crown shall pay $300,000 of the startup costs referred to in s. 3.1.1 (b) on the date of ratification of
the Central Agreement and shall pay a further $300,000 subject to the maximum amount referred to in s. 3.1.1 (b) by June
1, 2016. The balance of the payments, if required under s. 3.1.1 (b), shall be paid by the Crown on the day the Trust
becomes effective. The funds shall be transferred as instructed by OCEW subject to the province’s transfer payment and
accountability requirements.

3.2.0     On-Going Funding

3.2.1     On the day the Board commences participation in the Trust, or as soon as reasonably and feasibly possible
thereafter, all eligible and available surpluses in board-owned defined benefit plans will be transferred to the Trust
in an amount equal to each employee’s pro rata share based on the amount of the Employee’s co-share payment of each
benefit. The remaining portion of the Board’s surplus will be retained by the Board.

3.2.2     Where there are active grievances related to surpluses, deposits and/or reserves, the amount in dispute shall
be internally restricted by the Board until the grievance is settled.

3.2.3     All Board reserves for Incurred But Not Reported (“IBNR”) claims and CFR, will remain with the existing
carriers until those reserves are released by the carriers based on the terms of existing contracts.

3.2.4     Upon release of each Board’s IBNR and CFR by the carriers, the reserves will be retained by the applicable
Board. For the Administrative Services Only plans (ASO), a surplus (including any deposits on hand) that is equal to or
less than 15% of the Board’s annual benefit cost will be deemed to be a CFR and IBNR  and will be retained by the
applicable Board upon its release by the carriers. Where a surplus (including deposits on hand) exceeds 15% of the
annual benefit cost, the remaining amount will be apportioned to the Board and the Trust based on the employers’ and
Employees’ premium share.

3.2.5     For policies where the experience of multiple groups has been combined, the existing surplus/deficit will be
allocated to each group based on the following:

  1. If available, the paid premiums or contributions or claims costs of each group; or
  2. Failing the availability of the aforementioned financial information by each group, then the ratio using the
    number of Full Time Equivalent positions (FTE) covered by each group in the most recent policy year will be
    used.

The methodology listed above will be applicable for each group leaving an existing policy where the experience of more
than one group has been aggregated.  Policies where the existing surplus/deficit has been tracked independently for each
group are not subject to this provision.

3.2.6     Boards with deficits will recover the amount from their CFR and IBNR.  Any portion of the deficit remaining in
excess of the CFR and IBNR will be the responsibility of the Board.

3.2.7     In order to ensure the fiscal sustainability of said benefit plans, the Boards will not make any withdrawal,
of any monies, from any health care benefit plan reserves, surpluses and/or deposits nor decrease in benefit plan
funding unless in accordance with B-Memo B04:2015.  It is the parties’ understanding that the Ministry of Education Memo
B04:2015 applies and will remain in effect until Board plans become part of the Trust.

3.2.8     OCEW shall retain rights to their data.

3.2.9     For the current term, the Boards agree to contribute funds to support the Trust as follows:

  • The Boards will continue to provide benefits in accordance with the existing benefit plans and co-pay
    arrangements until the Employees’ Participation Date in the Trust.
  • By January 31, 2016 for Board-owned defined benefit plans, the Boards will calculate the annual amount of i)
    divided by ii) which will form the base funding amount for the Trust;
  1. “Total cost” means the total annual cost of benefits and related costs including but not limited to claims,
    administration expenses, insurance premiums, consulting, auditing and advisory fees and all other costs and
    taxes, as reported on the insurance carrier’s most recent yearly statement, and if any, premium costs on other
    district school area board, for the year ending no later than August 31, 2015. The aforementioned statements are
    to be provided to the Ministry of Education.

Total Cost excludes retiree costs.

The average number of Full-Time Equivalent (FTE) positions in the bargaining unit as at October 31st and
March 31st for the period consistent with this clause.

  1. For purposes of i) above, the FTE positions will be those consistent with Appendix H of the Education Finance
    Information System (EFIS) for job classifications that are eligible for benefits and excludes those described in
    3.2.9(r).
  • All amounts determined in this Article 3 shall be subject to a due diligence review by OCEW. The Boards shall
    cooperate fully with the review, and provide, or direct their carriers or other agents to provide, all data
    requested by OCEW.  If any amount cannot be agreed between OCEW and a Board, the parties to this agreement shall
    make every effort, in good faith, to resolve the issue using the data provided, supporting information that can
    be obtained and reasonable inferences on the data and information.  If no resolution to the issue can be
    achieved, it shall be subject to the Central Dispute Resolution process.
  1. In order that each party be satisfied that the terms of this LOA provide a satisfactory basis to deliver
    benefits in the future, each party reserves the right to conduct a thorough due diligence with respect to
    existing benefit arrangements (including benefit terms, eligibility terms, FTE positions in the bargaining unit,
    historic costs and trends). Prior to May 1, 2016 if either OCEW or the Council of Trustee Associations (CTA)/
    Crown concludes, in good faith, following its due diligence review, that the terms of the LOA do not provide a
    satisfactory basis for the provision of benefits, then either OCEW or the CTA/Crown may declare this LOA to be
    null and void, in which case no Participation Dates for any Boards shall be triggered and the benefits related
    provisions of all local agreements, as they were before the adoption of this LOA, shall remain in full force and
    effect.
  2. Prior to September 1, 2016, on any material matter, relating to Article 3.2.9, OCEW or the CTA/Crown can deem
    this Letter of Understanding to be null and void.  No Participation Dates for any Board shall be triggered and
    the benefits related provisions of all local agreements, as they were before the adoption of this Letter of
    Understanding, shall remain in full force and effect.
  • On the participation date, for defined benefit plans, the Boards will contribute to the Trust the amount
    determined in s. 3.2.9 (b) plus 4% for 2015-16 and 4% for 2016-17.
  • On the participation date, for defined contribution plans, the Boards will contribute to the Trust, the FTE
    amount indicated in the collective agreements for the fiscal year 2013-14, plus 4% for 2015-16 and 4% for
    2016-17.
  • An amount of $300 per FTE, in addition to 3.2.9 (d) and 3.2.9 (e) will be added to the base funding in 2016-17.
  • With respect to 3.2.9 (d) and 3.2.9 (e) above, the contributions provided by the Boards will include the
    Employees’ share of the benefit cost as specified by the Board’s collective agreement until such time that the
    Employees’ share is adjusted as determined by the Trust and subject to the funding policy.
  • The terms and conditions of any existing Employee Assistance Program/Employee Family Assistance Program and
    Long-Term Disability Plan shall remain the responsibility of the respective Board and not the Trust maintaining
    current Employer and Employee co-share where they exist. The Board shall maintain its contribution to all
    statutory benefits as required by legislation (including but not limited to Canada Pension Plan, Employment
    Insurance, Employer Health Tax, etc.).
  • The FTE used to determine the Board’s benefits contributions will be based on the average of the Board’s FTE as
    of October 31st and March 31st of each year.
  • Funding previously paid under 3.2.9 (b), (d), (e) and (f) above will be reconciled to the agreed October
    31st and March 31st FTE and any identified difference will be remitted to the Trust in a
    lump sum on or before the last day of the month following reconciliation.
  • In the case of a dispute regarding the FTE number of members for whom the provincial benefits package is being
    provided, the dispute will be resolved between the Board and OCEW.
  • As of the day that a Board commences participation in the Trust, the Board will submit an amount equal to 1/12th
    of the negotiated funding amount as defined in s. 3.2.1 (b), (d), (e) and (f) to the Plan’s Administrator on or
    before the last day of each month.
  • The Trust will provide the necessary information needed by Boards to perform their administrative duties
    required to support the Trust in a timely and successful manner.
  • The Boards shall deduct premiums as and when required by the Trustees of the ELHT from each member’s pay on
    account of the benefit plan(s) and remit them as and when required by the Trustees to the Trust Plan
    Administrator of the ELHT with supporting documentation as required by the Trustees.
  • Funding for retirees shall be provided based on the costs or premiums in 2014-15 associated with those retirees
    described in 2.1.2 and 2.1.3 plus 4% in 2015-16 and 4% in 2016-17. Employer and Employee co-shares will remain
    status quo per local collective agreements in place as of August 31, 2014 or per existing benefit plan
    provisions.
  • Some OCEW members currently contribute to the payment of employee benefits at varying levels in accordance with
    local collective agreements, generally referred to as “Co-Pay”. This amount is often expressed as a percentage
    of premiums. Should the Trust choose to reduce or eliminate the “Co-Pay”, the Crown will provide funding
    equivalent to the reduction of the “Co-Pay” amount. The reduction to the percentage of premium, if any, will be
    converted to a per FTE amount based on the 2014-15 premiums. This election must be made by the last Board’s
    Participation Date.
  • With respect to Casual and Temporary Employees, where payment is provided in-lieu of benefits coverage this
    arrangement will remain the on-going obligation of the affected Boards. Where benefits coverage was previously
    provided by the Boards for casual and temporary employees the affected Boards will find a similar plan that is
    cost neutral to the Boards, recognizing inflationary cost as follows: plus 4% for 2015-16 and 4% for 2016-17.
  • For all construction or maintenance employees participating in a benefits plan provided by their construction
    union or affiliate, payment for this arrangement will remain the on-going obligation of the affected boards.

 

4.0.0     TRANSITION COMMITTEE

4.1.0     Subject to the approval of ELHT, OCEW may have representation on the ELHT transition committee regarding all
matters that may arise in the provision of benefits for Employees represented by OCEW.

 

5.0.0     PAYMENTS

5.1.0     The Crown will make a recommendation to the Lieutenant Governor in Council to amend the Grants for Student
Needs funding regulation indicating that the funding amount provided for benefit of the OCEW members must be provided to
the Trust in accordance with the Letter of Agreement.

 

6.0.0     ENROLMENT

6.1.0     For new hires, each Board shall distribute benefit communication material as provided by the Union to all new
members within 15 to 30 days from their acceptance of employment.

6.2.0     For existing members, the Board shall provide the Human Resource Information System (HRIS) file with all
employment information to the Trustees as outlined in Appendix A.

6.3.0     Where an HRIS file cannot be provided, the Board shall provide the required employment and member information
to the Trust Plan Administrator in advance of the member commencing active employment or within the first 30 days of the
employment date. The Board shall enter any subsequent demographic or employment changes as specified by the Trust Plan
Administrator within one week of the change occurring.

6.4.0     The benefit administration for all leaves, including Long-Term Disability where applicable, will be the
responsibility of the Trust Plan Administrator. During such leaves, the Board shall continue to provide HRIS information
and updates as defined above.

6.5.0     Each Board shall provide updated work status in the HRIS file a minimum of 2 weeks in advance of the leave or
within the first 15 days following the start of the absence.

 

7.0.0     ERRORS AND OMISSIONS RELATED TO DATA

7.1.0     Board errors and retroactive adjustments shall be the responsibility of the Board.

7.2.0     If an error is identified by a Board, notification must be made to the Trust Plan Administrator within seven
(7) days of identification of the error.

7.3.0     Upon request by the Trust Plan Administrator, a Board shall provide all employment and member related
information necessary to administer the Provincial Benefit Plan(s). Such requests shall not be made more frequently than
twice in any 12 month period.

7.4.0     The Trust Plan Administrator or designate has the right to have their representatives review employment
records related to the administration of the Trust at a Board office during regular business hours upon 30 days written
notice.

 

 

8.0.0     CLAIMS SUPPORT

8.1.0     The Board shall complete and submit the Trust Plan Administrator’s Waiver of Life Insurance Premium Plan
Administrator Statement to the Trust Plan Administrator for life waiver claims when the Trust Plan Administrator does
not administer and adjudicate the LTD benefits.

8.2.0     Each Board shall maintain existing beneficiary declarations. When required, the Board shall provide the most
recent beneficiary declaration on file to the Trust Plan Administrator. Any changes subsequent to the participation date
shall be the responsibility of the Trust.

 

9.0.0     PRIVACY

9.1.0     In accordance with applicable privacy legislation, the Trust Plan Administrator shall limit the collection,
use and disclosure of personal information to information that is necessary for the purpose of providing benefits
administration services.  The Trust Plan Administrator’s policy shall be based on the Personal Information Protection
and Electronic Documents Act (PIPEDA).

 

 

Appendix A – HRIS File

 

Each Board may choose to provide to the Trustees of the ELHT directly, or provide authorization through its Insurance
Carrier of Record, to gather, the following information within one
(1) month of notification from the Trustees.  The following information shall be provided in the formats agreed to by
the Trustees of the ELHT and the employer representatives:

  1. complete and accurate enrolment files for all members, member spouses and eligible dependents, including:
  2. names;
  3. benefit classes;
  • plan or billing division;
  1. location;
  2. identifier;
  3. date of hire;
  • date of birth;
  • gender;
  1. default coverage (single/couple/family).
  2. estimated return to work dates;
  3. benefit claims history as required by the Trustees;
  4. list of approved pre-authorizations and pre-determinations;
  5. list of approved claim exceptions;
  6. list of large amount claims based on the information requirements of the Trustees;

list of all individuals currently covered for life benefits under the waiver premium provision; and member life benefit coverage information.