You can scroll to the regularly updated May All Affiliate Teacher News Links Digest #1 + Wynne Protest Report blogs below this posting. A link to my blog Acronym Guide too.
MOU Study Guide:
Here are some links to help you review the full text of OSSTF MOU below:
A comparison chart of the OECTA and OSSTF MOU is @ Compare
You can find the OECTA MOU here @ OECTA MOU Document
The official Q+A on the OECTA MOU is @ OECTA MOU Q+A
Here's a backgrounder on the OSSTF LTD [Long Term Disability Plan] @ OSSTF LTD Plan
Here's what an earlier release on the proposed OSSTF LTD plan @ LTD Proposal
NOTES: For your assistance I have highlighted a few key areas of interest in the OSSTF MOU text below, especially in relation to: Local Collective Bargaining Items, VLAP [Voluntary Leave of Absence Program, Unpaid Days, ERIP [Early Retirement Incentive Plan]. Reconciliation Committee, Sick Leave Days, Top Up Plan, OSSTF LTD Plan, Non Vested Retirement Gratuity, Future Grids, Implementation Committee, and the Provincial Benefits Plan etc.
OSSTF MEMORANDUM OF UNDERSTANDING
1. In the interest of promoting an improved environment for learning and teaching, the above mentioned parties have reached this Memorandum of Understanding ( OSSTF/FEESO MOU) which includes all the of the attached provisions.
1. In order to provide potential financial savings to the Board, a Voluntary Unpaid Leave of Absence Program (VLAP) shall be established for all OSSTF/FEESO bargaining units effective May 1, 2013
1. Voluntary Unpaid Leave of Absence Program
2. Efficiencies in the delivery of professional development for the Oct 11, 2013 PD day will be used to provide funding for offsetting measures equivalent to 16% of the cost of an unpaid day. Further, this PD day will be a day reserved for the delivery of Ministry priorities.
3. An Early Retirement Incentive Plan (ERIP) will be introduced in the event that the savings in #1 and #2 are not projected to provide sufficient cost recovery for one unpaid day across the Bargaining Unit.
If the necessary savings are achieved in #1 and #2 the Board may choose to implement the ERIP program at its discretion.
Any requirements for notification periods for retirement or specific retirement dates shall be waived in the 2013-2014 school year. A minimum two week retirement notice period shall be provided to boards in the open period from November 30, 2013 to the last day of Semester 1 in the 2013-2014 school year.
Sick Leave Days
C) LTD Claims Administration i) Provide notification of prolonged absences after 15 consecutive working days to the designated OSSTF Teacher Bargaining Unit Representative and OTIP in order to support the early intervention rehabilitation process ii) Support the mandatory early intervention process by providing contact information where required iii) utilize the OTIP claims kit to adhere to the required procedures for the LTD claims process iv) provide teachers with the appropriate claims applications in the event of disability v) support, complete and submit the employer statement in the LTD claim process vi) support return to work programs for teachers returning from disability including job description, scheduling and salary information)
X = years of service (as of August 31, 2012)
Provincial Benefits Plan
It is agreed that an “Implementation Working Group” (IWG) that will fully investigate the creation of one or more “provincial” benefit plan(s) for the education sector, with a view to consolidation and consistency of approach, will be constituted by April 22, 2013 and commence meeting as soon as reasonably possible.
4. Some members under the umbrella arrangement may wish to consider a different administrator.
MOU Study Guide:
Here are some links to help you review the full text of OSSTF MOU below:
A comparison chart of the OECTA and OSSTF MOU is @ Compare
You can find the OECTA MOU here @ OECTA MOU Document
The official Q+A on the OECTA MOU is @ OECTA MOU Q+A
Here's a backgrounder on the OSSTF LTD [Long Term Disability Plan] @ OSSTF LTD Plan
Here's what an earlier release on the proposed OSSTF LTD plan @ LTD Proposal
NOTES: For your assistance I have highlighted a few key areas of interest in the OSSTF MOU text below, especially in relation to: Local Collective Bargaining Items, VLAP [Voluntary Leave of Absence Program, Unpaid Days, ERIP [Early Retirement Incentive Plan]. Reconciliation Committee, Sick Leave Days, Top Up Plan, OSSTF LTD Plan, Non Vested Retirement Gratuity, Future Grids, Implementation Committee, and the Provincial Benefits Plan etc.
OSSTF MEMORANDUM OF UNDERSTANDING
1. In the interest of promoting an improved environment for learning and teaching, the above mentioned parties have reached this Memorandum of Understanding ( OSSTF/FEESO MOU) which includes all the of the attached provisions.
2. Following
approval through an OSSTF/FEESO province-wide vote, and as set out in the
provisions entitled Local Bargaining, it is the expectation of the
above-mentioned Parties that the listed portions of this Memorandum of
Understanding shall be expeditiously appended to, and form part of, the
existing local collective agreements.
Effective dates are as specified in the appended documents with the exception
of all Sick Leave/Short Term Sick Leave and Disability Plan provisions which
are to be retroactive to September 1, 2012.
3. Where
disagreements arise locally with respect to the implementation of these
agreed-to documents, those issues in dispute shall be referred to the Implementation Committee.
4. Nothing
contained herein shall have the effect of reducing a right that would have
otherwise existed as of April 1, 2013.
2. Dated this________
day of April, 2013, Toronto, Ontario
For the Union For the Government [signatures here]
Local Bargaining
The Government will
make best efforts to ensure that:
1. A period of
local bargaining will commence immediately and must conclude by June 28, 2013;
2. The following
agreed to items shall be appended to, and form part of, the existing local
Collective Agreement without amendment: • Job Security for Support Staff •
Maternity Benefits • Voluntary Unpaid Leave of Absence Program for All
Bargaining Units • Unpaid Days and Offsetting Measures for Teacher Bargaining
Units • Reconciliation for Teacher Bargaining Units • Attendance Recognition •
Sick Leave/Short Term Sick Leave Disability Plan • Long Term Disability •
Non-vested Retirement Gratuity for Employees • Specialized Job Classes
Any issue arising during incorporation of central issues
shall be forwarded the Implementation
Committee for resolution.
3. Local issues
for discussion cannot be inconsistent with the terms contained in the
OSSTF/FEESO MOU or associated regulations and legislation;
4. Prior to the
first local negotiations meeting the Parties shall disclose to each other local
issues for consideration;
5. There shall be
a minimum of three and no more than six full-days of local negotiations for
each OSSTF/FEESO bargaining unit. Such
time requirements may be altered with mutual consent;
6. Agreement on
local issues shall be achieved through mutual consent;
7. At any point in the process, a request may be made by
either Party for mediation assistance from the Ministry of Labour.
Job Security –
OSSTF/FEESO Support Staff
1.The
existing FTE complement as of March 5, 2013 in all OSSTF/FEESO support staff
job classes will be maintained until August 31, 2014. For clarity, a job class
is defined as per existing collective agreements or the past practice of the
parties in implementing surplus provisions.
2. Staffing provisions contained in the 2008-12 collective agreements with
regard to surplus and bumping will continue.
3. Notwithstanding the above, layoff of permanent employees, after the date
of signing of this agreement, can occur, only in the following circumstances: a. A catastrophic or unforeseeable
event or circumstance; b. Declining
enrolment; or c. Funding reductions
directly related to services provided by bargaining unit members. 4. Where complement reductions are
required pursuant to the 3 (b) or (c)
above, they shall be achieved as follows: a. In the case of declining
enrolment, staffing reductions shall occur at a rate not greater than the rate
of student loss, and b. In the case
of funding reductions, staffing reductions shall not exceed the amount of such
funding reductions. 5. Reductions as
may be required in 3 (b) and (c)
above shall only be achieved through lay-off after consultation with
OSSTF/FEESO on alternative measures, which may include: a. Priority for available temporary, casual and/or occasional
assignments; b. The establishment of
a permanent supply pool where feasible;
c. The development of a voluntary workforce reduction program (contingent
on full provincial government funding).
6. Every effort should be made to minimize necessary layoffs through
attrition. Notwithstanding the above, a board may reduce their complement
through attrition. 7. This letter of
understanding expires on August 31, 2014 8.
In the event that the current collective agreement contains job security
provisions which are superior to the above, such existing provisions shall prevail.
Maternity Benefits
Effective May 1, 2013, an employee who was previously entitled to maternity
benefits under the 2008-2012 collective agreement will continue to be entitled
to these benefits. In addition, the
benefits are also available to: • Employees hired in a term position or filling
a long-term assignment, with the length of the benefit limited by the term of
the assignment • Any other full-time employee (for this purpose defined as
greater than 24 hours per week) Employees on daily casual assignments are not
entitled to maternity benefits. Eligible employees on pregnancy leave shall
receive a 100% salary through a Supplemental Employment Benefit (SEB) plan for
a total of not less than eight (8) weeks immediately following the birth of her
child, subject to provisions in the 2008-2012 collective agreement, but with no
deduction from sick leave or the Short Term Leave Disability Program (STLDP).
Employees not eligible for a SEB plan will receive 100% of
salary from the employer for a total of not less than eight (8) weeks with no
deduction from sick leave or STLDP.
For clarity, for any part of the eight (8) weeks that falls
during a period of time that is not paid (le: summer, March Break, etc), the
remainder of the eight (8) weeks of top up shall be payable after that period
of time.
Employees who require a longer than eight (8) week
recuperation period shall have access to sick leave and the STDLP through the
normal adjudication process.
For clarity the aforementioned eight (8) weeks of 100%
salary is the minimum for all eligible employees, but where superior
entitlements exist in the 2008-2012 Collective Agreement, those superior
provisions shall apply.
Notwithstanding the above, where a bargaining unit so
elects, the SEB or salary replacement plan noted above will be altered to
include six (6) weeks at 100%, subject to the aforementioned rules and
conditions, plus meshing with any superior entitlements to maternity benefits
contained in the 2008-2012 collective agreement. For example, a 2008-2012
Collective Agreement that includes 17 weeks at 90% pay would result in 6 weeks
at 100% pay and an additional 11 weeks at 90%.
Voluntary Unpaid
Leave of Absence Program For all Bargaining Units 1. In order to provide potential financial savings to the Board, a Voluntary Unpaid Leave of Absence Program (VLAP) shall be established for all OSSTF/FEESO bargaining units effective May 1, 2013
2. Employees may apply for up to five (5)
unpaid leave of absence days for personal reasons in each year of the
Collective Agreement.
3. Requests for
unpaid days shall not be denied provided that, if necessary, there are expected
to be enough available casual staff to cover for absent employees, and subject
to reasonable system and school requirements.
4. For voluntary
unpaid leave days, which are scheduled in advance for the 2013-2014 school
year, the salary deduction will be equalized over the pay periods of the
2013-14 school year provided the requests are made in writing by May 31,
2013.
5. It is
understood that teachers taking a voluntary unpaid leave day shall be required
to provide appropriate work for each of their classes and other regular
teaching and assessment responsibilities including but not limited to
preparation of report cards and exams.
6. Requests for
voluntary unpaid leave of absence days will not normally include the first week
following the start of each semester (other than an August PD day), the week
prior to the start of exams, and the exam period.
7. Voluntary
unpaid leaves shall be reported as approved leaves of absence for the purposes
of the Ontario Teachers’ Pension Plan and OMERS.
8. The Board will
report unpaid VLAP days to each OSSTF/FEESO Bargaining Unit based on the names
of applicants and the total approvals on a monthly basis.
9. All net
savings achieved by the Board as a result of VLAP days being utilized shall be
applied to Offsetting Measures below.
Unpaid Days and
Offsetting Measures for Teacher Bargaining Units
All permanent regular
day school members of a teacher bargaining unit will be required to take one
(1) mandatory unpaid day on Friday December 20, 2013. The following cost
savings measures will be implemented: 1. Voluntary Unpaid Leave of Absence Program
2. Efficiencies in the delivery of professional development for the Oct 11, 2013 PD day will be used to provide funding for offsetting measures equivalent to 16% of the cost of an unpaid day. Further, this PD day will be a day reserved for the delivery of Ministry priorities.
3. An Early Retirement Incentive Plan (ERIP) will be introduced in the event that the savings in #1 and #2 are not projected to provide sufficient cost recovery for one unpaid day across the Bargaining Unit.
If the necessary savings are achieved in #1 and #2 the Board may choose to implement the ERIP program at its discretion.
The ERIP shall be in
the form of a $5000 payment to any teacher who retires between the end of
November 2013 and the last day of Semester 1.
The Board shall give notice of the implementation of the
ERIP no later than November 30, 2013. Any requirements for notification periods for retirement or specific retirement dates shall be waived in the 2013-2014 school year. A minimum two week retirement notice period shall be provided to boards in the open period from November 30, 2013 to the last day of Semester 1 in the 2013-2014 school year.
4. Any other cost
savings measures agreed to by Bargaining Unit and the Board.
The offsetting measures noted above shall only apply for the
2012/2013 and 2013/2014 school years.
All permanent regular day school members of a teacher
bargaining unit will be required to take a further unpaid day on Friday March
7, 2014 if the above measures do not achieve sufficient savings at least equal
to the value of one day’s pay across the Bargaining Unit.
In the event that cost-savings measures achieve savings in
excess of those required to offset unpaid days, such savings shall be retained
by the Board.
Any member of OSSTF/FEESO who is not a regular permanent day
school teacher shall not be required to take unpaid days.
Reconciliation For
Teacher Bargaining Units
A reconciliation committee will be created with equal
representation from the Board and the Bargaining Unit.
The committee will meet monthly starting in June 2013 to
track targeted savings and expenditures. The cost of the ERIP shall be deducted
from savings. All relevant information
required to monitor and administer the reconciliation shall be fully shared between
the parties.
In the event that by November 30, 2013, savings are not on
target to meet the financial goal equivalent to at least one (1) unpaid day,
the ERIP program will be implemented. In
the event of a dispute between the Board and Bargaining Unit about the
financial necessity for an ERIP, the Board may choose not to offer the ERIP
program. However, in the event that the
financial savings for the cost recovery for the unpaid day are not subsequently
achieved, the permanent teachers shall not be required to take an unpaid day on
March 7, 2014.
Attendance
Recognition
A Shared Savings Initiative (SSI) shall be established in
every bargaining unit. The SSI shall
operate as follows:
Individual member sick leave usage for the 2013-2014 school
year shall be as per the definition for sick leave in the 2008-2012 collective
agreement and shall be determined as of June 30, 2014.
If a permanent regular day school teacher bargaining unit
member’s usage is below six (6) full days of his/her days’ absence then the
member shall receive a payment equivalent to his/her daily rate. Annual compensation is not to exceed what
would have been paid in the absence of unpaid days.
For OSSTF/FEESO members, other than permanent regular day
school teachers, the payment shall be equal to a member’s regular daily rate of
pay and shall be contingent upon the member having taken a VLAP day during the
term of this collective agreement.
The payment shall be
made at the earliest opportunity following June 30, 2014.
Sick Leave/Short Term
Sick Leave and Disability Plan Sick Leave Days
1. An employee
who was previously entitled to sick leave under the 2008-2012 collective
agreement will be entitled to this sick leave plan. In addition the sick leave is also available
to:
• Employees hired in a term position or filling a long-term
assignment, with the length of the sick leave limited by the term of the
assignment.
• Any other full-time employee (for this purpose defined as
greater than 24 hours per week)
2. Each school year,
an employee shall be paid 100 % of regular salary for up to eleven (11) days of
absence due to illness. Illness shall be defined as per the 2008-12 local
collective agreement. Part-time employees shall be paid 100% of their regular
salary (as per their full-time equivalent status) for up to eleven (11) days of
absence due to illness. Such days shall be granted on September 1 each year, or
on the employee’s first work day of the school year, provided the employee is
actively at work and shall not accumulate from year-to-year.
3. Where an employee is absent due to sickness
or injury on his or her first work day in a fiscal year, a sick leave credit
may only be used in respect of that day in accordance with the following:
a) If, on the
last work day in the previous fiscal year, the employee used a sick leave
credit due to the same sickness or injury that requires the employee to be
absent on the first work day in the current fiscal year, i. the employee may not
use a sick leave credit provided for the current fiscal year in respect of the
first work day, and ii. the employee may use any unused sick leave credits
provided for the immediately preceding fiscal year in respect of the first work
day.
b) If 3 a) does not apply, the employee may use a sick leave credit
provided for the current fiscal year in respect of the first work day if, for
the purpose of providing proof of the sickness or injury, the employee submits, i.
the information specified for that purpose in the employee’s employment
contract or collective agreement, or ii. if such information is not specified
in the employment contract or collective agreement, the information specified
for that purpose under a policy of the board, as it existed on August 31, 2012.
c) If an employee
is absent due to sickness or injury on his or her first work day in a fiscal
year, section 3a) and b) also
applies in respect of any work day immediately following the employee’s first
work day until the employee returns to work in accordance with the terms of
employment. d) For greater certainty, the references in section 3a), b) and c) to a sickness
or injury include a sickness or injury of a person other than the employee if,
pursuant to the definition of illness in section
2, the employee is entitled to use a sick leave credit in respect of a day
on which the other person is sick or injured. e) A partial sick leave
credit or short term sick leave credit will be deducted for an absence due to
illness for a partial day.
i. However, WSIB and LTD providers are first
payors. In cases where the employee
is returning to work from an absence funded through WSIB or LTD, the return to
work protocols inherent in the WSIB/LTD shall take precedence.
4. Any leave of
absence in the 2008-12 Collective Agreement, that utilizes deduction from
sick leave, for reasons other than personal illness shall be granted without
loss of salary or deduction from sick leave, to a maximum of five (5) days per
school year. Local collective agreements that currently have less than five (5)
days shall remain at that number. Local collective agreements that have more
than five (5) days shall be limited to five (5) days. These days shall not be
used for the purpose of sick leave nor shall they be accumulated from year-to-year.
5. For the purposes
of section 2, if an employee of a board is only employed to work for part
of a year, the employee’s eligibility for sick leave credits shall be reduced
in accordance with the policy of the board, as it existed on August 31, 2012. If hired after the beginning of the fiscal
year, a full-time employee is entitled to the full allocation of sick leave
credits as per sections 2 and 8.
6. The Board
shall be responsible for any costs related to third party assessments required
by the Board to comply with the Attendance Support Program. For clarity,
current practices with respect to the payment for medical notes will
continue.
7. The Parties
agree to continue to cooperate in the implementation and administration of
early intervention and return to work processes.
Short Term Sick Leave
8. Each school
year, an employee absent beyond the
eleven (11) sick leave days paid at 100% of salary, as noted in section 2 above, shall be entitled
up to an additional one
hundred and twenty (120) days short term sick leave to be paid at a rate of 90
per cent of the employee’s
regular salary if the employee is absent due to personal illness including
medical appointments and as per the board adjudication processes in place as of August 31, 2012.
9. Short-Term Sick
Leave days under the Short-Term Leave and Disability (STLDP) shall be treated
as traditional sick leave days for personal illness including medical
appointments.
10. The Board’s
Disability Management Teams shall determine eligibility for the Short-Term
Leave and Disability Plan (STLDP) subject to the terms and conditions of the
2008-2012 collective agreement and/or board policies, procedures and practices
in place during the 2011-2012 school year.
Short-Term Leave and
Disability Plan Top-up (STLDPT)
11. For employee
absences that extend beyond the eleven (11) sick leave days, employees will
have access to a sick leave top up for the purpose of topping up salary to one
hundred percent (100%) under the Short Term Leave and Disability Plan.
This top up is
calculated as follows:
Eleven (11) days less the number of sick days used in the
prior year.
12. In 2012-13,
the transition year, each employee shall begin the year with two (2) days in
the top-up bank.
13. In addition to
the top-up bank, compassionate leave top-up may be considered at the
discretion of the board. The
compassionate leave top-up will not exceed two (2) days and is dependent on
having two (2) unused leave days in the current year. These days can be used to top-up salary under
the STLDP.
14. When
employees use any part of a short term sick leave day they may access their
top-up bank to top up their salary to 100%.
Long Term Assignments
15. A member of
OSSTF/FEESO employed by a board to fill a long-term assignment position that is
a full year for that employee’s job class shall be eligible for the following sick leave
credits during a board’s fiscal year, allocated at the commencement of the
long-term assignment:
1. Eleven (11)
days of Sick Leave paid at 100% of regular salary. 2. Sixty (60) days per year
of Short Term Sick Leave paid at 90% of regular salary.
16. A member of OSSTF/FEESO who is
employed by a board to fill a long-term assignment position that is less than a
full year for that employee’s job class shall be eligible for eleven (11) days
of Sick Leave and sixty (60) days of Short Term Sick Leave as per section 15, reduced to reflect the proportion the assignment
bears to the length of the regular work year, and allocated at the start of the
assignment.
17. A long term
assignment shall be as defined in the 2008-2012 collective agreement. Where no such definition exists, a long term
assignment will be defined as twelve (12) days of continuous employment in one
assignment.
LTD Plans for Support
Staff
18. If the Long Term Disability Plan contained in the
2008-2012 collective agreement requires a waiting period of more than 130 days,
the 120 day short term sick leave period referenced above shall be extended to
the minimum waiting period required by the plan.
Long Term
Disability
All OSSTF Teacher
Bargaining Unit members who are permanent employees shall participate in the
Long Term Disability Plan as a condition of their employment subject to the
terms of the OSSTF LTD plan administered by OTIP. The Provincial OSSTF LTD plan
shall commence April 1, 2013.
The Employer shall be
responsible for the following tasks related to the administration of the
mandatory LTD Plan:
A)
Enrolment/Eligibility Administration i) Provide all teachers with written
LTD coverage information as provided by
OSSTF and/or OTIP ; ii) enroll all eligible teachers into the LTD program; iii) Inform teachers going on an
approved leave of absence through written information provided by OSSTF/OTIP of their option to
maintain LTD coverage during the approved leave. iv) keep all records updated / submit teacher information for the
benefits that are insured through OTIP on or before November 30th each year using the required process and
formats required by OTIP; v) support
the LTD waiver/termination of LTD coverage process for retiring teachers as
defined by OSSTF and OTIP; vi) where
a payroll feed administration is jointly selected by the District and
Board; submission of the required
eligibility/enrolment information defined by OTIP
B) Premium
Administration i) Make monthly payroll deductions based on the premium and
insured salary provisions and timelines provided and outlined by the OSSTF
Provincial LTD program; ii) submit all payroll deduction
(premiums) along with the required supporting information defined by OSSTF and
the Teacher Bargaining Unit ( ie. premium rate used in calculation, total
insured salary, number of insured lives, policy and division number, premium
period); iii) collect and submit
appropriate premiums from eligible teachers who elect LTD coverage while on
approved leave of absence iv) support the information and process
requirements in the agreed-upon payroll
feed
(as per A vi) ; v) all of the
above requirements must be performed within the contractual and administrative
timelines established for the Provincial
OSSTF LTD Program vi) process
premium refunds for members who have had incorrect deductions due to items such
as administration errors, not eligible etc. ) C) LTD Claims Administration i) Provide notification of prolonged absences after 15 consecutive working days to the designated OSSTF Teacher Bargaining Unit Representative and OTIP in order to support the early intervention rehabilitation process ii) Support the mandatory early intervention process by providing contact information where required iii) utilize the OTIP claims kit to adhere to the required procedures for the LTD claims process iv) provide teachers with the appropriate claims applications in the event of disability v) support, complete and submit the employer statement in the LTD claim process vi) support return to work programs for teachers returning from disability including job description, scheduling and salary information)
All of the above
requirements must be performed within the contractual and administrative
timelines established for the Provincial OSSTF LTD Program.
D) OSSTF and OTIP are
required to: i) Provide LTD insurance to eligible OSSTF teachers ii) provide the group
policy/plan document to Employers and teachers; iii) provide claims kits to Employers that provide supporting
information about the administrative procedures iv) communicate any changes to the LTD program including premium
rates to teachers and the Board on a
timely basis v) provide access to teachers
on the LTD coverage information vi) develop and support the LTD
waiver/termination of LTD coverage process for retiring teachers as defined by
OSSTF and OTIP; vii) provide full
support for teachers who are off due to prolonged absence through Early
Intervention and Union Services; viii)
participate along with the Board and OTIP in return to work programs.
Non-Vested Retirement
Gratuity For Employees
The minimum years of service for retirement gratuity shall
be defined as the lesser of the contractual minimal service requirement in the
2008-2012 collective agreement, or ten (10) years.
Those employees with less than the minimum number of years
of service shall have that entitlement frozen as of August 31, 2012. These employees shall be entitled to a Gratuity Wind-Up Payment calculated as
the lesser of the board’s existing amount calculated under the board’s
collective agreement as of August 31, 2012 (or board policy as of that date) or
the following formula:
X x Y x Z = Gratuity Wind-Up Payment
30 200
4 X = years of service (as of August 31, 2012)
Y = accumulated sick
days (as of August 31, 2012)
Z = annual salary (as
of August 31, 2012)
For clarity, X, Y,
and Z shall be as defined in the 2008-2012 collective agreement or as per
policy or practice of the board for retirement gratuity purposes.
The Gratuity Wind-Up
Payment shall be paid to each employee by the end of the school year.
The pay-out for those
who have vested Retirement Gratuities shall be as per ONT. REG. 2/13 and 12/13
made under the PUTTING STUDENTS FIRST ACT, 2012 and ONT. REG. 1/13 and 11/13
made under the EDUCATION ACT.
Specialized Job
Classes
Where there is a particular specialized job class in which
the pay rate is below the local market value assessment of that job class, the
parties may use existing means under the collective agreement to adjust
compensation for that job class.
Future Grids
The government shall
meet to review school board employee salary grids with stakeholders during the
term of the 2012 to 2014 collective agreements including, but not limited to,
how employees move on the experience and qualification salary grid (where
applicable) and the variation currently in the monetary value of each grid
step, with a view to future sustainability.
The funding
parameters for OSSTF/FEESO salary grids shall remain consistent throughout the
process.
Absent agreement
during the review, any change to grid issues shall be the subject of collective
bargaining for the next collective agreement.
Reg 274 Hiring
Practices
The parties agree to
establish a committee consisting of up to 8 members of OSSTF/FEESO to meet with
no more than 8 combined representatives of English language school boards and
the Ministry, to meet no later than April 22, 2013 to review Reg 274/12 Hiring
Practices with a view to establishing hiring practices agreeable to the
parties.
OSSTF agrees to hold
in abeyance, any grievances as a result of the regulation pending
implementation on September 2013.
Implementation
Committee
The Parties agree
that a committee for discussion of implementation issues will be established
with the goal of encouraging consistency, equitability and fairness of
implementation.
The Implementation Committee shall have school board,
OSSTF/FEESO and Ministry representatives.
The Implementation Committee shall meet within 30 days of
the signing of this agreement to discuss its process including frequency of
meetings and topics of mutual interest.
The Committee will also consider further means of addressing
implementation issues including communications to the Parties and the future
role of the committee, if any.
It is understood that this committee and its discussions do
not affect the collective agreement and dispute resolution entitlements of any
party in any way.
Where the Parties agree to an interpretation, the agreed-to
interpretation will be communicated to all affected school boards and
Bargaining Units and shall be implemented in accordance with the Implementation
Committee instructions. Such decisions
may be communicated in interpretation manuals and/or guidelines. Regulations may be made where appropriate. Further, it is understood that the agreement
of the Parties on an implementation item has precedent-setting value with
respect to Third-Party interpretation. Provincial Benefits Plan
It is agreed that an “Implementation Working Group” (IWG) that will fully investigate the creation of one or more “provincial” benefit plan(s) for the education sector, with a view to consolidation and consistency of approach, will be constituted by April 22, 2013 and commence meeting as soon as reasonably possible.
The IWG will complete
its review by April 30, 2014 for implementation by August 1, 2014
The IWG will be led
by a qualified and high profile expert in the field and include members with
appropriate expertise and resources.
Members of the IWG could include various representatives of teachers’
federations, support staff unions, school boards, other staff associations
including Principals & Vice-Principals, the government of Ontario
(Ministries of Education and Finance), and independent experts.
The province agrees
to provide funding of $5 million which will include administration costs, legal
costs, and costs of experts needed to undertake any studies and research
required.
The province is
committed to the plan. Its development would be guided by the following key
draft principles:
1. The plan is
for the benefit of all school board employee groups with the ability to have
federation/association/union specific employee categories. a. Any stranded
employee group must be admitted to the plan as a full member upon request.
2. The governance
structure of the plan may include Employee Life and Health Trust(s) (ELHT)
which allow for influence by federations, school boards and the Province of
Ontario. If individual ELHT Trusts are used to govern federation/association/union
specific employee plans, all parties agree to participate in umbrella
responsibilities and governance of the plan.
3. The plan would
not operate using a single benefit carrier to prevent the creation of a
monopoly. Should ELHT Trusts be the model chosen, then individual ELHT Trusts
used to govern specific employee plans may use a single benefit carrier. 4. Some members under the umbrella arrangement may wish to consider a different administrator.
5. Funding for
the plan is to be based on existing funding by school boards to current
benefits providers.
6. Consideration
of appropriate gains and risk sharing between the boards, federations and
government.
7. Transparency
& timely information sharing between all parties.
8. All principles
are to be enacted subject to applicable legal parameters, e.g the Income Tax
Act.
For OSSTF/FEESO
OSSTF/FEESO agrees to
participate in the IWG.
OSSTF/FEESO intends
to undertake research based on their membership that would include the following:
• The work undertaken by the OSSTF/FEESO-OPSBA Provincial
Benefits Task Force will be updated for current premiums to reflect more up to
date information and costing.
• Research based on an Employee Life and Health Trust (ELHT)
as a potential model for a provincial benefit plan(s) with the understanding
that such research would be of a general nature that it could be applicable to
all interested groups.
OSSTF/FEESO could
access up to $2 million of the funding detailed above pursuant to the signing
of a contract that would include the normal accountability provisions required
by the government.
The Government of
Ontario agrees to provide and set aside start-up funding to create the one-time
reserve account allocation equivalent to one month of the annual premium. Such
funding will be made available at the appropriate time to support negotiations
with benefit carriers.
COMMENTS BELOW:
No comments:
Post a Comment