Waterloo Secondary Administration and Staff Rep Contract In-Service

1. Waterloo SecondaryAdministration and Staff RepContract In-Service November 27, 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) Additional teachers above 22:1 5) Board Staffing Committee 6) PD Committee 7) 15 minutes before school 8) Dual Credit Course language

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

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 • In the current contract, OECTA is allowed to organize 1 ½ days 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 • The full day PD is used by secondary teachers between semesters and will now be used to address their ALP goals • This change makes the ALP a more important document for teachers • There is also a letter of intent surrounding additional PD days

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 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

15. Article 4: Working Conditions Clause 4.03: Written 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 headship or consultancy as a promotion since we are all still teachers

16. 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

17. 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

18. Article 4: Working Conditions Clause 4.10: Redundancy • 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 • The change in paragraph G means that all redundant teachers will receive a letter explaining they were released due to redundancy

19. Article 4: Working Conditions Clause 4.11: 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

20. Article 4: Working Conditions Clause 4.11A: 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 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

21. 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 change allows teachers with 5 or more years in a school to place themselves on the required placement transfer list, rather than 6 years • This is the same right that elementary teachers enjoy • We have added any teacher that is declared surplus to their school to be a required placement

22. Article 4: Working Conditions Clause 4.14: Transfers • During the transfer process, some teachers do not put themselves on the ‘required placement list’ but watch the postings and will apply for a position that interests them • This clause defines who may apply for a posting. • The change here is to clarify that a posting will have qualifications that are specifically defined in the Ed Act • This will keep the postings academically based and equitable for all teachers

23. Article 4: Working Conditions Clause 4.15: Posting • In this clause, the wording change from ‘should’ to ‘shall’, makes the language stronger • It now requires the principal to give any existing contract staff in the school a teaching position, if one exists that they can fill, rather than being a suggestion that this should be the practice • This does not apply to LTOs in our schools • In this clause, qualifications in a posting will be limited to those in the Ed Act • The second paragraph 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

24. Article 4: Working Conditions Clause 4.16: Instructional Teaching Schedule • This clause specifies how many minutes of supervision and on-calls we are committed to do • Minutes for on-calls and supervisions will decrease in each of the 4 years of the contract, starting with this year. ii) A maximum number ofminutes of supervision/on-calls per school year, as follows: Sept 1, 2008 - 1400; Sept 1, 2009 - 1340; Sept 1, 2010 - 1280; Sept 1, 2011 - 1220; August 31, 2012 - 1190. • The Board will still retain the right to schedule supervisions and on-calls as they see fit, with appropriate minutes given to each • Since this is effective immediately, some changes for this year may be needed

25. Article 4: Working Conditions Clause 4.16: Instructional Teaching Schedule (Cont.) • The use of on-calls is defined in the contract • On-calls will no longer be used to cover Personal Obligation Days • As per the email sent earlier, Personal Obligation Days are now covered by OTs • The on-calls ‘freed up’ can be used by the Board for supervision or support of educational excursions and extra-curriculars • Emergency leaves are defined in article 5.05 • In the 2004-2008, the intent of personal obligation days was clarified 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

26. Article 4: Working Conditions Clause 4.16: Instructional Teaching Schedule (Cont.) • Paragraphs D, E, F and G are new • Paragraph D calls for all staff to play a role in supervision, that is, all teachers, regardless of teaching schedules should have the same supervision/oncall minutes over a year • Paragraph E and F must be in the contract, due to the PDT • Paragraph E and F talk about the 15 minutes before school, with the intention that any assigned duties count towards a teacher’s supervision minutes • Paragraph G clarifies that paragraph E and F do not add an expectation that teachers must be in their classrooms with students 15 minutes before school starts, but our practice of being in the school, continues

27. This is a new article on electronically delivered courses, or online courses This clause sets a framework for the delivery of online courses and says the working conditions of an e-learning teacher are the same as a regular classroom teacher It means that an online course will be on a teacher’s schedule, just as a regular course is and count as one course Online courses shall have the teacher working during the day at the school rather than into the evening or weekends from home The Board will provide the computer to the teacher and all communication shall be through the Board server, this safeguards teachers from any communications that may be altered to put them at risk The number of students in an online course shall be counted in the 22:1 average, as any classroom course is Teacher training to use the online course delivery system that might be needed shall be done by the Board, during the school day Article 4: Working Conditions Clause 4.16F: E-Credit Courses

28. This is a new clause about the expelled students program Bill 212 has required the Board to create a program for suspended and expelled students, such programs must have an academic portion so the student doesn’t fall behind in their studies Bill 212 also has funding to support the suspended and expelled program to hire teachers and other staff, such as youth care workers This clause ensures that delivery of the academic portion of the program is to be done by a teacher The position of the program’s teacher will be posted for any interested teacher to apply (which has occurred) The workload shall be similar to a regular classroom teacher (3 periods and 1 prep and supervision/on-calls) – there will need to be some flexibility on the part of the teacher in this scheduling Because this program is funded separately, this clause states that the teacher assigned to it will not affect the 22:1 ratio, thereby affecting class sizes To ensure the teacher has appropriate supports, each time a student is added to the program, the Board will discuss the addition of the student with the Unit office Article 4: Working Conditions Clause 4.16I: Suspended/Expelled Student Program

29. Article 4: Working Conditions Clause 4.21: 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

30. Article 4: Working Conditions Clause 4.22: Acting Administrator • This clause defines the situations where a teacher may be assigned the duties of an administrator for a period of time • The understanding is that this will be an unusual situation and the Board will fill the vacancy with a teacher only after talking to the Unit and having exhausted all other alternatives, such as using retired principals • It is also understood that a teacher will only assume the duties of a VP

31. Article 4: Working Conditions Clause 4.25: 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 secondary teachers, specifically: • ensure the content of PA days is consistent with teachers’ ALP goals, (we have addressed this in the earlier clause of the OECTA PA day) • 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 5.07: Adoption 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 5.08: Paternal 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

33. Article 5: Leaves Of Absence Clause 5.18: OECTA Release Time • Paragraph H discusses school reps • Each secondary 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 a a mutually convenient time

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

35. Article 7: Remuneration Clause 7.10: Allowances According to the PDT, the amounts were increased by 3% each year

36. Article 7: Remuneration Clause 7.12: Related Experience • 1B is a new paragraph in the related experience clause • This provides that newly hired tech teachers will get 1 year of credit on the salary grid for each year of work experience that is related to their teaching assignment, to a max of 8 years

37. 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

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

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

40. Article 7: Remuneration Clause 7.15: Salary Schedule

41. Article 7: Remuneration Clause 7.15: Salary Schedule

42. Article 7: Remuneration Clause 7.15: Salary Schedule

43. Article 8: Continuing Education • Con Ed is funded very differently than day school • Major changes include: • Seniority calculation changes • Additions to leaves to more closely align with day school • Increase in remuneration of 3% per year • Continuation of benefits over the summer months • Time to mark exams • Classroom staffing that considers seniority • Definition of the school organizational structure • Inclusion in PD days • A study of Con Ed registration procedures • Long term leaves of absence

44. 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 first meeting of the school year will be a presentation by superintendents who will share forecast initiatives to be implemented across the system • The committee will discuss Ministry and Board initiatives and develop letters of understanding on the implementations

45. Letter of Understanding Joint Board Level Staffing Committee • This letter of understanding states that, in accordance with the PDT, there shall be a Board Level Committee for Staffing starting in January • The committee will have 3 Board reps and 3 Unit reps • The committee shall meet monthly • The purpose of the committee is to: • analyse how many teachers there are system-wide and how they are allocated to each school • advise on the use of extra funding for staffing • consult and advise on the additional teachers that will be funded above the 22:1 • consult and advise on other teaching positions (SST, guidance, dual credit)

46. Letter of Understanding Dual Credit and High Skills Major • This language in this letter of understanding is required to be in our contract by the PDT • The intent of this language is to ensure that any dual credit courses that students take, or any high skills major courses that students take, are taught by teachers

47. Letter of Understanding Program Council • This letter of understanding complements the Board Level Staffing Committee • This letter allows the staff rep to attend the April and May Program Council meetings • It is intended that staffing models will be discussed at these meetings • Information shall be provided at these meetings regarding registration in each course, non-credit assignments and data from the Board Level Staffing Committee • The meetings will work to develop the tentative staffing model for the school • Decisions made at these meetings will be communicated to all staff by the staff rep

48. Letter of Understanding Safe Schools • This letter of understanding addresses safety issues in the schools, which was a major concern of teachers, as identified in the contract surveys • The Board commits to abiding by all Ministry guidelines around safe schools • It ensures each committee that has school safety as its mandate will have an OECTA rep • The Board will report to OECTA, each semester, a report of all student suspensions and expulsions

49. Letter of Understanding Athletic Director Review • At negotiations there was discussion to split the duties of the Phys Ed program head from those of the Athletic Director • Creating a new position that was solely responsible for extra-curriculars was seen as problematic • There was understanding this job must be made more manageable • This promises that OECTA and the Board will study the tasks performed by the Phys Ed program head to determine ways to reduce the workload involved with the athletic director job and to implement those changes

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