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Understanding Your Contract

Understanding Your Contract. An Introductory Presentation. Teacher Rights. Statutory – established by law in Ontario Contractual – negotiated between the union (employees) and the school board (employer). Statutory Rights in Ontario. Education Act Employment Standards Act

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Understanding Your Contract

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  1. Understanding Your Contract An Introductory Presentation TSU-OECTA ANNUAL STAFF REPS IN- SERVICE 10/09

  2. Teacher Rights • Statutory – established by law in Ontario • Contractual – negotiated between the union (employees) and the school board (employer) TSU-OECTA ANNUAL STAFF REPS IN- SERVICE 10/09

  3. Statutory Rightsin Ontario • Education Act • Employment Standards Act • Occupational Health and Safety Act • Workplace Safety and Insurance Act (WSIB) • Ontario Human Rights Code • Ministry of Labour Act TSU-OECTA ANNUAL STAFF REPS IN- SERVICE 10/09

  4. Role of the Union • Why do we need a union to establish additional contractual rights? TSU-OECTA ANNUAL STAFF REPS IN- SERVICE 10/09

  5. Contractual Rights • A contract negotiated in good faith between an employer and its employees seeks to allow ALL employees the benefit of being treated in a fair and equitable way, ensuring a transparent and consistent process TSU-OECTA ANNUAL STAFF REPS IN- SERVICE 10/09

  6. Contractual Rights • This agreement frames the relationship as agreed to by the employer and the employees. It is the responsibility of management as much as employees. TSU-OECTA ANNUAL STAFF REPS IN- SERVICE 10/09

  7. The Collective Agreement • A team-based approach to enhancing the working conditions and benefits of teacher members in a union • Based on what is best for the collective, or the greater good of all teachers working for a school board TSU-OECTA ANNUAL STAFF REPS IN- SERVICE 10/09

  8. Examples of Contractually Negotiated Rights • Teacher Workload • Positions of Responsibility • Work Related Experience • Teachers’ Salary Scale • Annual Allowances • Sick Leave Gratuity/Leaves of Absence • Deferred Salary Plan • Benefits TSU-OECTA ANNUAL STAFF REPS IN- SERVICE 10/09

  9. Non-Unionized Schools • Do not always guarantee a permanent contract or job security • Do not always guarantee a pay scale that increases with each additional year of experience • Do not usually include a benefits package • Do not usually provide a formal procedure for liaising with your employer and engaging in collaborate decision-making on issues such as health and safety, safe schools and professional development • Do not offer you legal representation should you need it TSU-OECTA ANNUAL STAFF REPS IN- SERVICE 10/09

  10. What Do Teacher Unions Do? • Represent teachers who feel that the contract has not been upheld fairly and negotiate a fair settlement with the school board • Provide PD to teachers on issues of concern • Lobby the provincial government on behalf of teachers and the school board in order that funding and resources be properly allocated • Monitor health and safety issues in schools • Liaise with the board in creating safe schools and other relevant protocols • Provide a collective professional voice for issues in education TSU-OECTA ANNUAL STAFF REPS IN- SERVICE 10/09

  11. Common Elements in a Teacher Contract TSU-OECTA ANNUAL STAFF REPS IN- SERVICE 10/09

  12. Salary Placement • Determined in two main ways: • category placement(determined by QECO (Qualifications Evaluation Council of Ontario) • years of experience (determined by either the number of years you have been teachingOR related years of experience) TSU-OECTA ANNUAL STAFF REPS IN- SERVICE 10/09

  13. QUALIFICATIONS EVALUATION COUNCIL OF ONTARIO (QECO) • The QECO program of evaluation for salary purposes is unique since it is negotiated by teachers and their boards for inclusion in local collective agreements. Teachers are evaluated and given a Statement of Evaluation which is then accepted by their board for salary category placement purposes. • The salaries teachers are paid is a matter which is negotiated between teacher bargaining units and their board. • Application forms are available on the QECO website www.qeco.on.ca TSU-OECTA ANNUAL STAFF REPS IN- SERVICE 10/09

  14. Category Placement • All letters, certificates, statements and documents (i.e. degrees and diplomas) must be submitted first to QECO for evaluation and subsequent category placement • A teacher must then submit a Category Upgrade form to their school board’s HR Department in order to qualify for an upgraded category placement TSU-OECTA ANNUAL STAFF REPS IN- SERVICE 10/09

  15. Upgrading Category Placement • Members are reminded that it is their responsibility to keep QECO apprised of any additions to their qualifications. • This must be must be done by formally completing a QECO application. • Members are also reminded to apply regularly for upgrading advice that will assist them toward the most expedient route to reach their next QECO salary category. TSU-OECTA ANNUAL STAFF REPS IN- SERVICE 10/09

  16. Related Years of Experience • Previous years spent working in other career fields can count towards your related years of experience • This can increase the initial step at which you are considered on the Teacher Salary Scale • Duties and responsibilities must connect with specific curriculum expectations within your established teachables • Unqualified teaching experience cannot be used • Consider obtaining certification in an AQ – for example, the additional Qualification course Cooperative Education, Part 1 connects to many different career fields TSU-OECTA ANNUAL STAFF REPS IN- SERVICE 10/09

  17. Applying for Related Years of Experience • Work experience must be documented and verifiable (former pay stubs, tax receipts, etc.) • Its important to evaluate whether or not your past career links in terms of curriculum expectationsto yourteachables before applying • Duties/Responsibilities in your past position need to correspond with curriculum expectations of your currently held teachables (i.e. English, Math, Science, Geography, History, etc.) TSU-OECTA ANNUAL STAFF REPS IN- SERVICE 10/09

  18. Example 1 A former Airline Attendant working 10 months or more a year full-time for a total of 4 years is able to link her duties/responsibilities with English courses that focus on presentation, communication and report writing skills Result: 4 full years of related experience granted Example 2 A former civil engineer with 10 years of part-time experience (contracted work) is unable to directly link his engineering duties/responsibilities with Business courses he is qualified to teach He enrolls in Cooperative Education, Part 1 Result: 6 full years of related experience granted Scenarios TSU-OECTA ANNUAL STAFF REPS IN- SERVICE 10/09

  19. TEACHER SALARY SCALEEffective September 2009 TSU-OECTA ANNUAL STAFF REPS IN- SERVICE 10/09

  20. Positions of Responsibility • Applications for positions of responsibility (Department Head, Curriculum/Program Leader Student Success teacher, etc.) require approximately 5 years teaching experience and related qualifications (i.e. Honours Specialist) • 1 year probationary period • A teacher holding a Position of Responsibility shall not evaluate other teachers TSU-OECTA ANNUAL STAFF REPS IN- SERVICE 10/09

  21. Annual Allowances, Part 1 TSU-OECTA ANNUAL STAFF REPS IN- SERVICE 10/09

  22. Annual Allowances, Part 2 TSU-OECTA ANNUAL STAFF REPS IN- SERVICE 10/09

  23. Teacher Workload • Assignment of teaching load, class size, number of different class preparations, teaching time, supervision duties and other related assignments to be done in a fair and equitable manner. • Core assignment of 6 credit courses/year (3 credit courses/semester) in a 4 period school day • Teachers are entitled to a 40 minute lunch & 40 minute prep time (no matter what changes may be made in the school schedule) TSU-OECTA ANNUAL STAFF REPS IN- SERVICE 10/09

  24. Benefits • Premiums are paid to an Insurance Company so that members may have access to the following types of benefits: • Dental care (including restorative & orthodontic) • Semi-private and extended hospital health care • Registered massage, physiotherapy, chiropractic and naturopathic types of services • Prescription drugs ($10.00 average deductible) • Vision care ( including eye exams) • Orthotics and orthopedic shoes • International Travel Insurance • Life Insurance • Long Term Disability Insurance (LTD) TSU-OECTA ANNUAL STAFF REPS IN- SERVICE 10/09

  25. Sick Leave • At the beginning of each school year, each teacher’s sick leave account is credited at allowance of 2 days per calendar month for the school year (20 days per year) • All unused sick leave is accumulated from year to year • If transferring from another school board, the teacher’s unused sick leave credits are transferable • Absences of a teacher for reasons of personal illness or immediate family member’s illness for a period of over 5 consecutive working days must be certified by a qualified medical/dental practitioner TSU-OECTA ANNUAL STAFF REPS IN- SERVICE 10/09

  26. Urgent Personal Business • A teacher may also take time off for urgent personal business that arises out of: • Moving • Attendance at a family graduation • Attendance at a funeral of a family member or close friend • Attendance as a participant at a relevant convention or conference (1 or more days as necessary) • Attendance as a participant in a music or drama festival, sports finals (provincial, national or international), etc. • Sudden illness or accident TSU-OECTA ANNUAL STAFF REPS IN- SERVICE 10/09

  27. Leave of Absence with Pay • A teacher may be eligible for a leave of absence with pay and without deductions from sick leave credits for the following reasons: • Illness or death in the immediate family (5 days) • Quarantine, jury duty, or subpoena to any court in which the teacher is not charged • Writing of university or similar exams TSU-OECTA ANNUAL STAFF REPS IN- SERVICE 10/09

  28. Leave of Absence Without Pay • At the discretion of the school board, a teacher may be granted a leave of absence without pay for up to one year • A written application for leave is made through the Superintendent at least 2 months before the commencement of the leave • A teacher returning from leave shall return to the same school/workplace employed earlier TSU-OECTA ANNUAL STAFF REPS IN- SERVICE 10/09

  29. Deferred Salary Plan • Allows you to plan out a paid leave of absence by spreading your salary over extra semesters or years • You earn a percentage of your salary in order to travel, spend time with family, focus on your education f/t, etc. • Teacher guaranteed same school placement and classroom assignment/workload similar to previous years • Examples of options that might be available to you: • Work 2/3 semesters (67% pay for 3 semesters/3rd semester off) • Work 4/5 years (80% pay for 5 years/5th year off) TSU-OECTA ANNUAL STAFF REPS IN- SERVICE 10/09

  30. Sick Leave Gratuity • A school board may pay to each teacher, upon retirement, a gratuity based on the unused portion of a teacher’s sick leave credits accumulated over the years • Based on a maximum of 200 days and the number of years of experience you have with a particular school board, you might be eligible to receive up to 50% of your yearly salary when you retire! TSU-OECTA ANNUAL STAFF REPS IN- SERVICE 10/09

  31. Maternity/Paternity Leave • Statutory pregnancy and parental leaves are granted in accordance with the Employment Standards Act • If a pregnancy leave is requested, a letter from a physician is required, indicating approx. date of birth • If a parental leave is requested, documentation verifying the date of adoption of date of birth is required TSU-OECTA ANNUAL STAFF REPS IN- SERVICE 10/09

  32. Pregnancy / Parental Leave Benefits • Continuing participation in benefits plan during a statutory leave (17 weeks) and first extension of leave (35 weeks) • A teacher is guaranteed the same school and position upon their return • School days spent on a statutory pregnancy/parental leave counts as qualified experience (seniority) TSU-OECTA ANNUAL STAFF REPS IN- SERVICE 10/09

  33. Contribution Rates 2009 10.4% on first $46,300 (YMPE - Years Maximum Pensionable Earnings) 12.0% thereafter About Your Pension TSU-OECTA ANNUAL STAFF REPS IN- SERVICE 10/09

  34. General information on Pensions • Defined benefit pension plan • Once you retire, your benefits are locked-in • Improvements can occur through negotiations • Additional information is available at www.oecta.on.ca/services/tppchanges08 (“Know Your Pension: ABackground for OECTA Members and Guide for Beginning Teachers”) TSU-OECTA ANNUAL STAFF REPS IN- SERVICE 10/09

  35. Retirement Pensions • Unreduced • 85 factor OR • Age 65 • Reduced • Earliest at age 50 • Option of deferred vs. immediate pension TSU-OECTA ANNUAL STAFF REPS IN- SERVICE 10/09

  36. 85 Factor • The 85 factor is the threshold value you must reach to avoid a pension reduction through penalty • Calculation: Age at retirement + Qualifying years = X Factor i.e. 53 years of age + 32 years of experience = 85 TSU-OECTA ANNUAL STAFF REPS IN- SERVICE 10/09

  37. Final Thoughts • First Steps When Beginning Your Teaching Career: • Get to know your teacher contract (collective agreement) • Introduce yourself to your local school union representative • Attend union-sponsored socials and PD events • Consider joining a TSU Committee TSU-OECTA ANNUAL STAFF REPS IN- SERVICE 10/09

  38. QUESTIONS • Obtain your copy of the collective agreement • Contact your local school union representative • Call the Toronto Secondary Unit (TSU) office at • (416) 633 - 5502 TSU-OECTA ANNUAL STAFF REPS IN- SERVICE 10/09

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