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Overview: OECTA Memorandum of Understanding

Overview: OECTA Memorandum of Understanding. Durham Elementary, Secondary and OT Information Meeting September 6, 2012. February 2012 – Drummond Report. Reduce textbook funding by 25% Eliminate 10,000 teaching positions Eliminate full-day kindergarten

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Overview: OECTA Memorandum of Understanding

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  1. Overview:OECTA Memorandum of Understanding Durham Elementary, Secondary and OT Information Meeting September 6, 2012

  2. February 2012 – Drummond Report • Reduce textbook funding by 25% • Eliminate 10,000 teaching positions • Eliminate full-day kindergarten • Increase secondary avg. class size to 24 • Increase primary class cap to 23 • Increase gd. 4-8 avg. class size to 26 • Eliminate 10,000 non-teaching positions • Reduce capital renewal and transportation funding by 25%

  3. Government Response to Drummond • Implement full-day kindergarten by 2014-15 • Maintain class size funding • Maintain teacher and non-teacher positions created since 2004 • Maintain “student achievement” initiatives • Cap secondary credits earned at 32 • Find other measures of savings through efficiencies • Obtain a labour framework with unions

  4. Original Ministry Parameters(February 2012) • 2-year term - No salary increases • No grid movement/no restoration of increments following 2-years • Restructure salary grid for 2014-15 • Freeze retirement gratuities • Eliminate accumulated sick days • 6 sick days/year at 100% salary • 120 sick days/year at 66.67% salary • Cap government pension contributions

  5. Ontario Budget 2012 (March 27, 2012) • All fiscal parameters were embedded in the provincial Budget • The Budget passed • Grants for Student Needs (the funding formula) reflected the government parameters • Any alternatives to the government parameters had to be “cost-neutral” relative to the Ministry financial parameters • Could not impact “student achievement”

  6. Amended Ministry Parameters (May 2012) • 2-year term - No salary increases • No grid movement/no restoration of increments following 2-years • Restructure salary grid for 2014-15 • Freeze retirement gratuities • Eliminate accumulated sick days • 10 sick days/year at 100% salary • 120 sick days/year at 66.67% salary

  7. Amended Ministry Parameters (May 2012) • Cap government pension contributions • Committee to review feasibility of one or more “provincial” benefits plans

  8. Trustees’ Demands (OCSTA) • System principals/vice-principals • Eliminate banking of missed planning & preparation time for “extraordinary” school activities • Require teachers to stay after school for PD • Eliminate all collective agreement caps on class size • Any principal/vice-principal returning to teaching within 24 months retains seniority • Claw back teacher benefits plans

  9. OECTA Memorandum of Understanding • Trustees withdrew from talks on July 4, 2012 due to “fair hiring” process discussions • Memorandum of Understanding was signed by OECTA and the Minister of Education the morning of July 5, 2012 • Minister announced MOU that morning • Ratified by the OECTA Provincial Executive • Endorsed by the OECTA Council of Presidents • Regulation for all boards to comply

  10. Current Status of the MOU • 13 school boards, including DPCDSB filed for conciliation by August 7, 2012 • TCDSB and YCDSB have announced agreement to the terms of the MOU • Bargaining has not started • Following local bargaining members vote to ratify non-MOU items (subject to provisions of the MOU – section N)

  11. legislation • The “Putting Students First Act” was introduced to the legislature August 27, 2012 • This legislation will not be passed before September 11, 2012

  12. OECTA Memorandum of Understanding • Term: 2 years (expires August 31, 2014) • Salary Increases: 0% each year • Retirement Gratuities: • Frozen at value based on service, accumulated sick leave and salary as of August 31, 2012 • Pays out at retirement • Accumulated sick leave can no longer be accessed except for calculation of retirement gratuity • No further accumulation of sick leave

  13. OECTA Memorandum of Understanding • Sick Leave/Short Term Leave and Disability Sick Leave Days • 10 school days at 100% salary/year for illness • 5 additional school days each year at 100% for leaves due to reasons other than illness that were deducted from sick leave (i.e. D.E. 11.02(1)a personal leave, D.S. 4.03 2) exam/Graduation and 4.03 4a) personal day • Definition of illness is in accordance with the 2008-12 collective agreement • No accumulation

  14. OECTA Memorandum of Understanding • Sick Leave/Short Term Leave and Disability Short Term Sick Leave • Until the Board implements the adjudication process, all absences due to illness beyond the 10 school days at 100% shall be paid at 90% salary • Teachers will continue to pay pension contributions and earn service based on full salary unless the teacher specifically requests otherwise • Board pays all costs for adjudication, once implemented

  15. OECTA Memorandum of Understanding • Sick Leave/Short Term Leave and Disability Short Term Sick Leave • School boards to implement an adjudication process through the Ontario Teachers’ Insurance Plan/ManuLife • Adjudication plan will advise the board to pay 90% salary rate and for how long (up to 120 school days/year) for illness beyond the 10 sick days per year at 100% salary • Evidence-based, third party adjudication

  16. OECTA Memorandum of Understanding • Sick Leave/Short Term Leave and Disability Short Term Sick Leave • Upon implementation of third-party adjudication, the plan pays up to 120 school days per year • At 90% of salary for illness of 5 or more consecutive days • At 90% of salary for all days for recurring/chronic illness • At 66.67% salary where the adjudication process does not support top-up • Days are non-cumulative – renew every year • Long-term disability plans in place for long-term absences

  17. OECTA Memorandum of Understanding • Sick Leave/Short Term Leave and Disability Workplace Safety & Insurance Board (WSIB) • Current collective agreement provisions remain in place • Top up to 100% salary with no deduction from sick days for teachers receiving WSIB benefits

  18. OECTA Memorandum of Understanding • Sick Leave/Short Term Leave and Disability Maternity Leave • Applies only to Teachers giving birth to a child • Subject to provisions in the 2008-12 agreement • Not less than 6 weeks at 100% salary with no deduction from sick leave • Pregnancy/Parental Leave provisions in accordance with the collective agreement

  19. OECTA Memorandum of Understanding • Sick Leave/Short Term Leave and Disability Occasional Teachers (Long Term) • 10 days of sick leave at 100% salary, pro-rated to the length of the assignment, non-cumulative. • 10 month assignment: • 60 days at either 90%/66.67% subject to adjudication • Non-cumulative • Less than 10 months • 3 days per month of assignment at either 90%/66.67% subject to adjudication • Non-cumulative

  20. OECTA Memorandum of Understanding • Benefits • Committee to investigate the establishment of one or more “provincial” benefits plan(s) • All group benefits to remain status quo for the term of the agreement, including scheduled adjustments (i.e. if Sept. 1, 2011 ODA rate was 2010, the rate moves to 2011 on Sept. 1, 2012).

  21. OECTA Memorandum of Understanding • Benefits After Retirement Board-Paid (does not apply to teachers): • Eff. Sept. 1, 2013, no new retirees shall be eligible Employee-Paid: • Eff. Sept. 1, 2013, new retirees will be grouped into their own experience pool where they are not currently pooled this way Current retirees and those retiring prior to Sept. 1, 2013 will continue in accordance to current plans.

  22. OECTA Memorandum of Understanding • Unpaid Leave Days • 2013-14 only for Teachers, Principals, VP’s • 3 unpaid days Friday October 11, 2013 Friday December 20, 2013 Friday March 7, 2014 • TEACHERS DO NOT GO TO WORK • 3 fewer PA days in 2013-14 • Pension contributions/service will not reflect unpaid days

  23. OECTA Memorandum of Understanding • Professional Learning Funding in GSN • Self-directed professional learning funding in the GSNs for 2012/13is suspended for 2 years • Any provision regarding the allocation of such funding will not be in place for 2 years • Savings applied to partial grid movement • If funding is not reinstated it continues to be credited towards fiscal targets

  24. OECTA Memorandum of Understanding • Secondary Programming • The additional allocation of funding in 2012-13 for secondary programming is suspended for 2 years • 0.33 per 1,000 secondary pupils • Any provision regarding the allocation of such funding will not be in place for 2 years • Savings applied to partial grid movement • If funding is not reinstated it continues to be credited towards fiscal targets

  25. OECTA Memorandum of Understanding • Salary Grids • Grid placement process (experience/category) in accordance with 2008-12 agreement • Salaries paid for grid movement shall come into effect after the 97th school day of each of the two school years of the agreement • Government consultation with stakeholders to review the salary grids during the term of the agreement

  26. OECTA Memorandum of Understanding • Professional Judgment and Effective Use of Diagnostic Assessment • Government to release a Policy/Program Memorandum on effective use of diagnostic assessment • Boards shall provide a list of pre-approved assessment tools • Teachers must utilize diagnostic assessment during the school year

  27. OECTA Memorandum of Understanding • Professional Judgment and Effective Use of Diagnostic Assessment • Teachers shall use their professional judgment to determine which assessment/evaluation tool(s) from the board list of pre-approved assessment tools is applicable for which student(s), as well as the frequency and timing of the tool.

  28. OECTA Memorandum of Understanding • Hiring Practice • Ministry to enact a Regulation to the Education Act to enforce hiring practices on boards • Redundant/Supernumerary teachers placed in long-term assignments in accordance with the collective agreement • Occasional teacher list to be ordered by Seniority • Long-term roster to be established by board through an interview process • Must be on the OT list at least 1 year with at least 20 days worked to qualify for long-term roster

  29. OECTA Memorandum of Understanding • Hiring Practice • Must be on the long-term roster and have completed at least 1 long-term assignment of at least 4 months with a satisfactory evaluation to be eligible for permanent hire • Board to hire from the most senior, qualified occasional teachers for long-term assignments and permanent positions • If no one is available on the long-term roster, board may hire off the full occasional list

  30. OECTA Memorandum of Understanding • Hiring Practice • Unsuccessful applicants to the long-term roster or to any position shall be debriefed and given recommendations to enhance professional growth

  31. OECTA Memorandum of Understanding • Dispute Resolution/Enforcement Mechanism • Any dispute pertaining solely to any of the terms in conditions under the MOU may be referred to the dispute resolution process by the Association and/or the board • After 10 days of attempting resolution without success, the matter shall be referred to an arbitrator • A decision will be made within 30 days and apply to all boards

  32. OECTA Memorandum of Understanding • Opportunity to Bargain Locally and Avoid Disruptions to Student Learning • OECTA and the board have until Dec. 31, 2012 to bargain local issues • Any mutually agreed-to changes, other than those specifically required by the MOU, shall be incorporated into the 2012-14 collective agreement • All other clauses, other than those required by the MOU, shall remain unchanged • Locally agree-to items will be ratified

  33. OECTA Memorandum of Understanding • Opportunity to Bargain Locally and Avoid Disruptions to Student Learning • All letters of intent/understanding, minutes of settlement, or any other memoranda contained in or pertaining to the 2008-12 collective agreement or dealing with any term or condition of a collective agreement or negotiated between the parties remains in force and effect until renegotiated by the parties • No strikes, lockouts, or applications for conciliation during the period of local bargaining

  34. OECTA Memorandum of Understanding • Access to Information • Government and School Boards will continue to respond to requests for information and current data, pertinent to the education sector, in a timely manner • Sick leave data will be accumulated by boards and shared with Ministry, OECTA and OCSTA to review overall usage and range of individual usage

  35. OECTA Memorandum of Understanding • Transferability of Other Agreements • Any other memorandum of understanding made with any other group will not financially disadvantage the Association • The government shall ensure school boards apply freeze to compensation costs, including wages and perquisites to all employees employed by school boards, as set out in the letters to Directors of Education, dated April 11, 2012.

  36. OECTA Memorandum of Understanding • Province Wide Collective Bargaining • Government to begin consultations in the Fall of 2012 with unions and school board representatives to develop the appropriate legislative and regulatory framework for provincial bargaining that would take effect January 14, 2014

  37. OECTA Memorandum of Understanding • Return to Teaching • Any vice-principal who chooses to return to the bargaining unit within 12 months of appointment retains the seniority they had prior to the appointment • Vacancy created by the appointment of a VP shall be filled by a permanent teacher • Contingent on a vacancy for which the VP is qualified • No member of the bargaining unit shall be adversely affected by the return of a VP to the bargaining unit

  38. Questions

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