Waterloo Elementary Administration and Staff Rep Contract In-Service

1. Waterloo ElementaryAdministration and Staff RepContract In-Service December 1, 2008

2. Ontario Catholic School Trustees’ Association Implications for Local Bargaining “The hallmark of the new ways of relating to one another takes the form of requiring that certain structures be put in place; structures that will require a higher level of openness, disclosure and meaningful consultation than may have been the case in some Boards.”.. ..“It is understood by all parties that the real or perceived barriers to meaningful consultation are not the preserve of only one party”..

3. Provincial Framework Must accept all or none: 1) 4 year contract 2) 3% salary increase in each year 3) Benefits status quo benefits 2010 4) Class size reductions in Grades 4-8 5) Increased planning time 6) PD Days for reporting to parents 7) Board Staffing Committee 8) PD Committee

4. Preambles set the tone for the contract, but have never been used in an OECTA grievance, so preambles have ‘untested’ legal force Our contract has an existing preamble that speaks about harmonious relationships between the Board and OECTA The PDT required us to add this paragraph to our existing preamble It is government language which states one of our aims is to improve student achievement Preamble

5. Article 1: Legal Obligations Clause 1.01: Duration As required by the PDT, the contract dates have been changed, so the contract has a duration of 4 years.

6. Article 1: Legal Obligations Clause 1.05: Management Rights • The Board has the right to manage schools as it sees fit, within provisions of the Labour Act, Education Act, and this Collective Agreement • Principals will assign duties in a fair and equitable manner • Principals will consult with teachers with respect to their preferences, qualifications and experience when assigning teaching duties • Part C is new

7. Article 1: Legal Obligations Clause 1.07: Harassment • Every employee has the right to a workplace free from harassment • The Board has a harassment policy • Any employee with a claim of harassment may make use of the Board policy • The policy can be found on the Board website • The policy provides resolution through either a formal or informal process • OECTA involvement demonstrates leadership on the part of teachers, and should be viewed as being a positive contribution to the system

8. Article 2: Grievance Procedure • A grievance is a disagreement concerning a clause of the contract and may be an individual, group, Unit or Board type of grievance • This defines a multi-step procedure to resolve grievances • In the first steps of a individual, group or Unit grievance, it is ‘owned’ by the Unit, after step 2, it is ‘owned’ by Provincial and they decide how to proceed • Changes allow for the use of either a single arbitrator or an arbitration board • This should save both parties money and resolve grievances in less time

9. Article 3: Professional Responsibilities Clause 3.01: Absence Planning • The teacher is responsible for lesson plans for the first day of their absence • On subsequent days, planning is the responsibility of the occasional teacher, who will require long range plans or unit plans

10. Article 3: Professional Responsibilities Clause 3.02: Extra Curricular • Extra curricular activities are voluntary • A teacher’s first priority is teaching

11. Article 3: Professional Responsibilities Clause 3.03: Consultation In Hiring • This clause has been deleted • This clause allowed for teachers to be involved in the hiring process of new teachers • This would result in teachers possibly making a negative report on another member • Teachers haven’t been involved in hiring in many years

12. Article 3: Professional Responsibilities Clause 3.04: OECTA P.A. Day • Teachers are moving in the direction of accepting greater responsibility for their own PD • Last year we used the ½ day for Stephen Lewis, the year before we ran teacher-led workshops around the county, this year we are again planning workshops • We are changing from reporting to the Board for our ½ day, to reporting to the new Professional Development Committee what the day will be used for • The new Professional Development Committee is mandated by the PDT, and is covered later in this presentation

13. Article 3: Professional Responsibilities Clause 3.06: Teacher Representation on Committees • This clause allows OECTA to have teacher representatives on certain Board committees • The change in the clause strengthens the language allowing teacher representation on board committees that make decisions about our working conditions, from ‘will be provided the opportunity’ to ‘shall’ • The OECTA office will be responsible for appointing ‘any’ teachers to committees • OECTA will look for teachers who have an understanding of teacher’s issues and the mandate of the committee

14. Article 3: Professional Responsibilities Clause 3.07: Association Representatives • This clause discusses school reps • Each elementary school has 1 rep for 25 teachers • A bulletin board for OECTA business will be provided • Teachers may request the use of a room for OETCA business • A teacher may request OECTA representation if called into a meeting with administration • Such meetings will be held at a mutually convenient time

15. Article 4: Working Conditions Clause 4.01: Personnel Files • The current contract states that the Board has a right to keep a personnel file on teachers. • The change specifies that a teacher’s official personnel file is kept at the Education Center • Notes kept by a principal are not part of a teacher’s personnel file

16. Article 4: Working Conditions Clause 4.03: Filling of Reports • This clause concerns negative reports that might be placed in a teacher’s file • The first paragraph sets a timeframe of 10 days for reports to be placed in the file • This paragraph also defines that the teacher’s signature on the report does not mean that they agree with the report with the sentence “It is understood that such signature is only an acknowledgement of having received a copy thereof.” • The second clause sets out the rights of a teacher to request that the report be removed after 1 year • The change in wording from ‘promotion’ to ‘position of responsibility’ is because OECTA does not view a consultancy as a promotion since we are all still teachers

17. Article 4: Working Conditions Clause 4.04A: Performance Appraisal • This clause defines how the Board performs teacher performance appraisals, within the Ministry guidelines • Many changes in wording were required, as the Ministry changed the official name from TPA to PAET • The sentence in paragraph C “It is understood that the timelines related to the Performance Appraisal for Experienced Teachers contained in the applicable legislation will be adhered to.” means that the Board has committed to adhering to the timelines for performing the PAET as laid out by the Ministry, so appraisals should be done in the year they are due, and not deferred or extended to multiple years

18. Article 4: Working Conditions Clause 4.04B: NTIP • The process for NTIP has been added to the contract, important concepts are: • NTIP will follow the process in the Ministry documents • Fellow teachers and mentors do not evaluate the new teacher • The choice of a mentor is up to the new teacher • Any teacher, with 5 years experience, may volunteer to mentor • The Unit will be notified of all teachers on NTIP and mentors • The mentor relationship terminates if the new teacher gets an unsatisfactory rating or if either party wants the relationship to terminate • Teachers may add comments to the Summative Report and their signature indicates receipt only, not agreement with the report • Timelines will be adhered to, as laid out by the Ministry • Voluntary activities are not included in the evaluation • The Unit is notified if teachers get into problems • NTIP training shall occur during the school day, since the Ministry funds release time for these teachers • This language safeguards the new teacher and their mentor and ensures the integrity of the NTIP process

19. Article 4: Working Conditions Clause 4.09: Seniority / Redundancy / Notification • Redundancy is when there are not enough teaching positions within secondary schools for all the teachers, and a teacher must be ‘laid off’ • This clause defines that teachers are declared redundant by seniority • There are no changes in this clause

20. Article 4: Working Conditions Clause 4.11A: Recall • Recall is when there are laid off teachers and teaching positions open up, so teachers can be called back. • Teachers will be recalled in the reverse order that they were laid off, subject to the teacher having the qualifications to fill the available teaching position(s) • In the current contract, the language allows the Board to define the qualifications required for a recall position, the new language says that the qualifications will simply be those required by the Ministry • This change will make the process more transparent and reduce perceptions of subjectivity

21. Article 4: Working Conditions Clause 4.11B: Surplus • This is a new clause that defines the surplus process. • Surplus means that there are too many teachers in a school but not too many teachers across the system, so some teacher will need to be transferred to another school, or a teacher hired within the year • In this case, the teacher still has a job, but not at their current school. • Currently, the principal decides which teacher will be transferred to another school. • The contract now says that the teacher with the least seniority in that school will be the teacher that will move schools, if all remaining teachers have qualifications needed. • Surpluses will be declared prior to the first posting in the transfer process, so these teachers have a chance at all the posted openings in the Board. • This brings greater transparency and clarity to the process

22. Article 4: Working Conditions Clause 4.12: Staffing • This clause ensures that class sizes are in compliance with the Education Act, Ministry Initiatives and the PDT • Class size caps and numbers are not included because they change from time to time • Part B is not new but continues to ensure that an EA is provided for JK/SK classes that exceed 23 students

23. Article 4: Working Conditions Clause 4.14: Transfers • This clause is for transfers, and specifies which teachers may place themselves on the ‘required placement list’ – that is, a teacher that definitely wants to move to a new school • This clause again lays out that the “least senior classroom teacher in a school” will be the one declared surplus “providing the remaining teachers have the qualifications” needed at that school • Surplus teachers will be notified in writing • OECTA will be made aware of who has been declared surplus • The rest of the Transfer Process remains the same and is reviewed yearly by HR and OECTA

24. Article 4: Working Conditions Clause 4.15: Posting • In this clause, the wording change from ‘should’ to ‘shall’, makes the language stronger • Part D has language added that will have any summer postings emailed to everyone’s school email address, this will ensure that teachers don’t need to periodically check Staffnet for postings they might be interested in applying for, but will receive them in their email inbox – of course they need to check their email occasionally if they think there might be a posting coming up, of interest

25. Article 4: Working Conditions Clause 4.17: Planning / Preparation Time • Planning / Preparation Time Shall be teacher-directed • It will start on the first Wednesday of the school year • Scheduling will be done with input from the teachers • Missed planning / prep time will be returned to the teacher

26. Article 4: Working Conditions Clause 4.17: Planning / Prep Time • Sept 2008 no changes (FSL & PT – 30 min. blocks = no less than 200 minutes) • Sept 2009 - 10 extra minutes per week, aggregated into 40 minute blocks, one extra period once a week for about 10 weeks (FSL & PT – 30 min. blocks – no less than 8 blocks) • Sept 2010 - another 10 minutes per week, one extra 40 minute block every other week throughout the year (FSL & PT – 30 min. blocks – no less than 8 blocks) • Sept 2011 - another 10 minutes per week, one extra 30 minute block every week throughout the year (FSL & PT – 30 min. blocks – no less than 8 blocks) • Aug 31 2012 – another 10 minutes per week so that beginning Sept 2012 teachers will receive five 40 minute periods per week (FSL & PT – 30 min. blocks – no less than 8 blocks)

27. Article 4: Working Conditions Clause 4.18: Teacher In Charge • This clause defined the conditions for using a teacher as an administrator when all administrators were away from the school • All schools now have multiple VPs • The Board is changing its practice and moving in the direction of not calling all administrators out to meetings at the same time • This means that at least one administrator should be present at all times • Because of this change in practice, this clause is no longer needed

28. Article 4: Working Conditions Clause 4.25: Teacher Assigned Supervision • All staff have a role to play in supervision • No other big changes here but a move away from averaging and more toward a hard 80 minute per week cap • Sept 2009 - No single week will have more than 90 minutes with an average of 80 minutes per week • Sept 2010 – No single week will have more than 80 minutes of supervision • Paragraph D talks about the 15 minutes before school • Paragraph E clarifies that past practice continues

29. Article 4: Working Conditions Clause 4.28: Report Card Preparation / Assessment Days • Beginning Sept 2009 – one day • Beginning Sept 2010 – two days • Scheduling in purview of the PD Committee • Purpose of the day is to work on assessments and the preparation / completion of report cards at the discretion of the teacher • The expectation is that teachers will do this work at their school site

30. Article 4: Working Conditions Clause 4.29: Tutoring Programs and OFIP Tutoring • Tutoring for Elementary students should be the work of teachers from the Unit and should be appropriately posted • Tutoring should take place outside of the instructional day • Pay is the Con-Ed rate

31. Article 4: Working Conditions Clause 4.30: Professional Development Committee • This is a new clause • The creation of a Professional Development Committee was mandated by the PDT • This committee will be made up of 3 Board reps and 3 OECTA reps • The committee shall work by consensus and when needed, refer matters to the monthly Labour Management meeting for resolution • The purpose of the committee is to advise and oversee the PD that occurs for elementary teachers, specifically: • ensure the content of PA days is consistent with teachers’ ALP goals • promote best practices of PD that is embedded within the school day • advise on how to use money that the Ministry may provide for PD • advise on the best way to implement PLCs that occur during the school day • advise and assist Board staff who develop and deliver PD

32. Article 5: Leaves Of Absence Clause 5.03: Bereavement Leave New wording includes step-parent in Part A

33. Article 5: Leaves Of Absence Clause 5.07: Adoption Leave The new contract has increased the number of days of leave from 3 to 4, for the needs related to the adoption of a child Clause 5.07: Paternity Leave The new contract has increased the number of days of leave from 3 to 4, for the needs related to the birth of a child

34. Article 5: Leaves Of Absence Clause 5.27: Personal Obligation Days • In 2004-2008, the intent of these days was clarified They are to be used to handle a personal obligation, which would not properly be handled as a sick day, such as taking a relative to the hospital. • Discussion took place about the misuse of these days during negotiations. • Staff reps need to remind teachers about the intent of these days.

35. Article 6: Teacher Benefits • The PDT stipulates ‘status quo’ until 2010 • More on this later, in a letter of understanding

36. Article 7: Remuneration Clause 7.10 Responsibility Allowances Tentative Agreement

37. Article 7: Remuneration Clause 7.12: Related Experience • Major changes that bring our collective agreement in line with Secondary

38. Article 7: Remuneration Clause 7.12: Related Experience • 2B is also a new paragraph in the related experience clause for teachers with professional work experience • This provides that newly hired teachers will get 1 year of credit on the salary grid for each year of work experience in a professional setting, that is related to their teaching assignment • The teacher will be credited with a max of 8 years on the salary grid • The years to be counted are those after getting out of university or college, that is, co-op time does not count • The teacher must apply within 3 years of being hired, 3 years gives time to move to an assignment that applies to previous work experience • The teacher is responsible to submit their documentation to HR

39. Article 7: Remuneration Clause 7.13: Home Instruction These amounts have also risen by 3% each year

40. Article 7: Remuneration Clause 7.14: Elementary Continuing Education/Summer School Courses, Classes or Programs, OFIP teachers These amounts have also risen by 3% each year

41. Article 7: Remuneration Clause 7.15: Salary Schedule Salary increases 3% in each of the 4 years

42. Article 7: Remuneration Clause 7.15: Salary Schedule

43. Article 7: Remuneration Clause 7.15: Salary Schedule

44. Article 7: Remuneration Clause 7.15: Salary Schedule

45. Letter of Understanding Labour Management Meetings • This letter of understanding calls for a monthly meeting between 3 reps of the Board and 3 OECTA reps • This committee meets monthly to discuss system issues • The committee will discuss Ministry and Board initiatives and develop letters of understanding on the implementations

46. Letter of Understanding Elementary Electronically Delivered Courses and/or Programs • This letter of understanding calls for a committee to be formed in the event that the Board intends to implement E-courses or programs. Letter of Understanding Program(s) for Expelled and Suspended Elementary Students • This letter of understanding outlines the parameters of a program in the event that the Board intends to initiate one.

47. Letter of Understanding Elementary Workload Committee • This new letter establishes a committee to examine the impact of assessment/evaluation protocols and SEF on the workload of Elementary Teachers • The committee will have representatives from Early Years, Primary, Junior and Intermediate • Recommendations from this committee will be communicated to teachers as Best Practices by Sept 2009

48. Letter of Understanding PDT Agreement – Dispute Resolution • This language in this letter of understanding is required to be in our contract by the PDT • It addresses how disagreements that arise from the PDT be resolved

49. Letter of Understanding Benefit Improvements • This letter of understanding states that, in accordance with the PDT, benefits are status quo until Sept 1, 2010 • The government has promised to provide $33 milllion to improve benefits in 2010 • The Board will provide the Unit with the amount of money available for benefit improvements • The Board will provide all information that would normally be required to get a quote from an insurance provider • The Unit will, through discussion, inform the Board which improvements, that are affordable, teachers want improved

50. Letter of Understanding Annual Learning Plan • This new letter defines the ALP as teacher directed and authored and done with consultation and in collaboration with the principal, to support the experienced teacher’s PD • Teachers complete an ALP for the first time, when NTIP is completed • Teachers must do an ALP annually • The ALP will be used in the year of appraisal and a meeting will be required • In non-appraisal years, an interview between the teacher and principal is not required but may be requested by either party • The ALP must be signed by teacher and principal • The ALP may be updated by the teacher whenever they wish