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)

a)Single Collective Agreement

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

b)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, 2014 to August 31, 2017, inclusive.

c)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.

d)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.

e)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.

f)Notice to Bargain

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.
Notice to commence bargaining shall be given by a Central Party:

Within 90 (ninety) days of the expiry of the collective agreement; or
Within such greater period agreed upon by the parties; or
Within any greater period set by regulation by the Minister of Education.

Notice to bargain centrally constitutes notice to bargain locally.
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:

COPE Ontario and its Locals 103, 429, 454, 527 and 529.
Educational Resource Facilitators of Peel.
Essex and Kent Counties Skilled Trades Council.
Labourers’ International Union of North America, Local 837.
Maintenance and Construction Skilled Trades Council.
Ontario Public Service Employees Union.

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,

a casual employee within the meaning of the local collective agreement,
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,

a term assignment within the meaning of the local collective agreement, or
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

CENTRAL GRIEVANCE PROCESS (ALL JOB CLASSIFICATIONS)

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.

1.Definitions

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.
The “Central Parties” to the grievance process shall be defined as the Council of Trustees’ Association and the Ontario Council of Educational Workers (OCEW).
The “Local Parties” shall be defined as the parties to the collective agreement.
“Days” shall mean regular school days.

2.Central Dispute Resolution Committee

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.
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.
The Central Parties shall each have the following rights:

To file a dispute as a grievance with the Committee.
To engage in settlement discussions, and to mutually settle a grievance with the consent of the Crown.
To withdraw a grievance.
To mutually agree to refer a grievance to the local grievance procedure.
To mutually agree to voluntary mediation.
To refer a grievance to final and binding arbitration at any time.

The Crown shall have the following rights:

To give or withhold approval to any proposed settlement between the Central Parties.
To participate in voluntary mediation
To intervene in any matter referred to arbitration.

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.
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.
Each of

Sector 3 Boards Of Education – Collective Agreement – Part A – Central Terms

OCEW Part A: Central Terms

OCEW – APPENDIX I TO MOS. 1

PART A: CENTRAL TERMS

OCEW – APPENDIX I TO MOS

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

C1.1 Separate Central and Local terms

C1.2 Implementation