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TEACHERS AND CONTRACTS

TEACHERS AND CONTRACTS. Bachelor of Education St. F. X. University January 2019 Not Complete Without Commentary Disclaimer:

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TEACHERS AND CONTRACTS

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  1. TEACHERS AND CONTRACTS Bachelor of Education St. F. X. University January 2019 Not Complete Without Commentary Disclaimer: While every effort has been made to ensure the accuracy of this information, this handout is not a legal document, nor does it confer any contractual or other right. All rights are governed by the applicable legislation or master documents.

  2. Legislative / contractual framework

  3. Teachers’ Collective Bargaining Act – Teaching Profession Act Provincial Collective Agreement Department of Education Regulations (Governor in council and Ministerial) Regional Collective Agreements NOVA SCOTIA TEACHERS UNION LEGISLATIVE/CONTRACTUAL FRAMEWORK Education Act

  4. Two tier bargaining system

  5. TEACHERS’ PROVINCIAL AGREEMENT Some Articles Negotiated: • Duties of Teachers • Tenure (Contracts) • Certification • Teaching Experience • School Year

  6. TEACHERS’ PROVINCIAL AGREEMENT • Leaves (pregnancy, adoption, etc.) • Insurance (medical, dental, life, LTD) • Marking and Preparation Time • Professional Development • Service Award • Salary

  7. REGIONAL AGREEMENTS Some Articles Negotiated: • Leaves (sick leave, bereavement leave, etc.) • Staffing (seniority, term recalls, transfers, promotions) • Job Shares • Grievance Procedure

  8. What is a teacher?

  9. TEACHERS’ PROVINCIAL AGREEMENT Definition of a Teacher: • person holding a teacher’s certificate and employed by a School Board/RCE under a permanent, probationary or term contract pursuant to Article 20 – Tenure.

  10. TEACHERS’ PROVINCIAL AGREEMENT Board/RCE Responsibilities: • School Board/RCE has the responsibility to hire teachers subject to Provincial and Regional Agreements.

  11. Teacher contracts

  12. TEACHERS’ PROVINCIAL AGREEMENT Teaching Contracts: • Permanent Contract • granted after two (2) years of consecutive probationary service • may be granted after one (1) year of probationary service

  13. TEACHERS’ PROVINCIAL AGREEMENT Teaching Contracts (cont’d): 2. Probationary Contract • Vacant position – position for which there is no incumbent

  14. TEACHERS’ PROVINCIAL AGREEMENT Teaching Contracts (cont’d): 3. Term Contract • Other than permanent or probationary contract given under Article 33 – Term Contracts, Benefits of the Provincial Agreement • Unfilled position – position for which there is an incumbent on leave or position which is less than 100%

  15. Term contract benefits

  16. ARTICLE 33 – TERM CONTRACTS, BENEFITS I. Teacher employed for a minimum of 175 days: (a) to replace a teacher who is on leave from the Board/RCE (b) to replace a teacher who is seconded (c) to replace a permanent contract teacher who is job sharing (d) to replace a permanent contract teacher who is teaching one semester in a school year (e) to replace a teacher on unpaid leave following an absence of a minimum of two years

  17. ARTICLE 33 – TERM CONTRACTS, BENEFITS Benefits • All benefits of a regular teacher in both Provincial Agreement (Salary, Other Absences, Insurance, Professional Development Fund, etc.) and Regional Agreement (Sick Leave, Special Leave, etc.)

  18. ARTICLE 33 – TERM CONTRACTS, BENEFITS Probationary Service • can be used as probationary service if the teacher is employed by the same School Board/RCE under a probationary contract the next year • teacher hired under a probationary contract the next year would be deemed to be in the second year of probationary service

  19. ARTICLE 33 – TERM CONTRACTS, BENEFITS II. Teacher employed: (a) to job share for the full school year* (b) on a part-time basis for the full school year; for remainder of a semester; or remainder of school year (c) to teach for a semester** * https://nstu.ca/the-nstu/communications/nstu-publications/the-teacher/ ** teachers who teach in the first semester have priority in placement in second semester

  20. ARTICLE 33 – TERM CONTRACTS, BENEFITS II. Teacher employed (cont’d): (d) to replace a teacher on a six (6) month deferred salary leave (e) to replace a teacher seconded for more than 60 days but less than 175 days (f) to replace a teacher on parental leave in excess of forty (40) days in a school year

  21. ARTICLE 33 – TERM CONTRACTS, BENEFITS Benefits • all benefits of a regular teacher except the amount of sick leave, paid maternity leave and paid adoption leave is a percentage of days taught

  22. ARTICLE 33 – TERM CONTRACTS, BENEFITS Probationary Service • service under section (e) may be used as probationary service if the teacher is employed between the 21st school day and December 31st and is employed by the same School Board/RCE under a probationary contract the next year • teacher hired under a probationary contract the next year would be deemed to be in the second year of probationary service

  23. ARTICLE 33 – TERM CONTRACTS, BENEFITS III. Teacher employed after the 20th school day: (a) to replace a permanent or probationary teacher who has left the employ of the Board/RCE (b) to fill a newly created position (c) for the purposes of section (a) “left the employ” shall also apply where a teacher is on unpaid leave in excess of 40 days and will put in writing that he/she will not be returning for the remainder of the school year

  24. ARTICLE 33 – TERM CONTRACTS, BENEFITS Benefits • all benefits of a regular teacher except the amount of sick leave, paid maternity leave and paid adoption leave is a percentage of days taught

  25. ARTICLE 33 – TERM CONTRACTS, BENEFITS Probationary Service • can be used as probationary service if teachers employed between the 21st school day and December 31st and is employed by the same School Board/RCE under a probationary contract the next year • teacher hired under a probationary contract the next year would be deemed to be in the second year of probationary service

  26. ARTICLE 33 – TERM CONTRACTS, BENEFITS IV. Where a teacher has two or more term contracts in the same school year with the same School Board/RCE, and where the aggregate service is a minimum of 175 days and where the teacher has satisfactory evaluations, the teacher shall be deemed to have been employed pursuant to 33.01 (i) Term Contracts, Benefits.

  27. JOB SECURITY ANDHIRING PREFERENCE FOR TERM CONTRACTS TEACHERS

  28. ARTICLE 21 – JOB SECURITY School Board/RCEs are able to hire early but have a contractual obligation to place the following: • Permanent Contract Teachers • Second Year Probationary Contract Teachers • First Year Probationary Contract Teachers

  29. ARTICLE 21 – JOB SECURITY • Term Contract Teachers Depending on Regional Agreements (a) Annapolis • Two consecutive years (full-time); seniority; position preference • 390 aggregate days: no seniority; no position preference 3. Two consecutive years (part-time); placed in same position

  30. TERM CONTRACT TEACHERS DEPENDING ON REGIONAL AGREEMENTS (b) Cape Breton-Victoria • Two consecutive years (full-time); seniority; position preference • 390 aggregate days: seniority; position preference

  31. TERM CONTRACT TEACHERS DEPENDING ON REGIONAL AGREEMENTS (c) Chignecto-Central • Two consecutive years (full-time); same position; seniority; position preference – n/a • Two consecutive years full-time; 390 aggregate days; seniority – relatively equal; no position preference 3. Part-time placed in same position

  32. TERM CONTRACT TEACHERS DEPENDING ON REGIONAL AGREEMENTS (d) CSAP • Two consecutive years (full-time); no seniority; no position preference (placed by HR) • Two consecutive years full-time (remaining); 390 aggregate days; no seniority; no position preference (placed) 3. Other term contracts (previous 15 months) 4. Early Hire (placed by HR)

  33. TERM CONTRACT TEACHERS DEPENDING ON REGIONAL AGREEMENTS • Halifax Term Contract teachers – Probationary Contract; apply during open rounds; surplus round • Two consecutive years (full-time); seniority; position preference • 390 aggregate days; seniority; position preference 3. Term Contract Teachers – Employment Equity 4. Two year consecutive (term deemed 2; substitute; same classroom; same teacher or substitute); seniority 5. Term Contract Teacher or Substitute Teacher (175 days); no seniority; no position preference 6. Early Hire – Term Contract

  34. TERM CONTRACT TEACHERS DEPENDING ON REGIONAL AGREEMENTS (f) Strait • Two consecutive years (full-time); seniority; position preference • 390 aggregate days; seniority; position preference

  35. TERM CONTRACT TEACHERS DEPENDING ON REGIONAL AGREEMENTS (g) Tri-County/South Shore • Two consecutive years (full-time); no seniority; position preference • 390 aggregate days; no seniority; position preference • Full-time Term Contract Teacher; no seniority; position preference 4. 195 aggregate days; current contract at least 50% of year or 100% of semester

  36. ARTICLE 21 – JOB SECURITY 5. If, following staffing for the ensuing school year, a permanent or probationary contract teacher is in receipt of termination or term contract teachers with a recall benefit have not been placed, the teacher(s) name(s) will be referred to the Local Job Security Committee.

  37. ARTICLE 21 – JOB SECURITY 6. The Local Job Security Committee will satisfy itself that reasonable effort has been made by the Board/RCE to consider the following in opening up positions within the Board/RCE: • full year leaves of absence • additional retirements including the Early Retirement Incentive Plan • permanent full-time substitutes • job sharing (within staff) • special circumstances leaves

  38. NstuBENEFITS

  39. NSTU INSURANCE Your Benefits: • Total Care – Medical • Government pays 100% of the monthly premium • Total Care – Dental • Government pays 65% of monthly premium

  40. NSTU INSURANCE Your Benefits: • Provincial Master Life • $50,000 Life/$50,000 AD&D • $3,000 Spouse/$1,500 Dependent Child • Government pays 100% for all active teachers

  41. NSTU INSURANCE Your Benefits: • Long Term Disability Insurance • 1.98% of gross monthly salary • Government pays 50% of monthly premium • New Teacher Automatic Enrollment – can not elect to opt out • Accrual service

  42. NSTU INSURANCE Your Benefits: • Optional • Group Life Insurance • Voluntary Accidental Death & Dismemberment • MEDOC Travel Plan/Trip Cancellation • Home/Auto Insurance

  43. TEACHERS’ PENSION PLAN Plan: • Integrated Pension Plan: • Contributions and Pension Plan benefits structured with Canada Pension Plan • All teachers except retired teachers contribute to the Plan whether teach for a day, a month, a year • Contributions matched dollar for dollar by Government

  44. TEACHERS’ PENSION PLAN Contribution Rates: Mandatory contributions of 9.3% to YMPE ($53,600) and 10.9% for salary beyond YMPE Benefits Available: • Service Pension • Full Service Pension: 35 years regardless of age 55 years of age plus service equal 85 60 years of age with 10 or more years of service 65 years of age with 2 or more years of service

  45. TEACHERS’ PENSION PLAN • Reduced Service Pension: 50 years of age plus 30 years of service 55 years of age plus 20 or more years of service but less than 30 years • Actuarially Reduced Pension: At least 55 years of age plus 2 or more years of service but less than 20 • Survivor’s Pension

  46. SUBSTITUTETEACHERS

  47. ARTICLE 32 – SUBSTITUTE TEACHERS Definition: Teacher or other qualified person engaged on a day-to-day basis to take the place of a person regularly employed as a teacher by the Board/RCE

  48. ARTICLE 32 – SUBSTITUTE TEACHERS Rate of Pay: • Effective August 1, 2018: • 67% of ITC/TC5 step 1, divided by 195 ($182.14) • More than 18 consecutive days • Regular salary • TC5/ITC Level 1: $271.85

  49. ARTICLE 32 – SUBSTITUTE TEACHERS • LOU #4 • No less than 50% of full daily rate of pay • Engaged more than 50% of instructional day receive full rate pro-rated to percentage of instructional time

  50. ARTICLE 32 – SUBSTITUTE TEACHERS Consecutive Service is not interrupted • Last day of school and first day of school in next year • Minimize substitute’s daily rate of pay • Special Leave days • Teacher returns and absent within 5 school days • Sick leave – one day for each 10 days taught. Sick leave shall accumulate and remain to credit of teacher

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