Table of Contents
OCEW – PART A: Central Terms
C1.00 STRUCTURE AND CONTENT OF COLLECTIVE AGREEMENT. 4
C1.1 Separate Central and Local terms. 4
C1.4 Single Collective Agreement 4
C2.00 LENGTH OF TERM/NOTICE TO BARGAIN/RENEWAL (ALL JOB CLASSIFICATIONS). 4
C2.1 Single Collective Agreement 4
C2.3 Where Term Less Than Agreement Term.. 4
C2.4 Term of Letters of Understanding. 4
C4.00 CENTRAL LABOUR RELATIONS COMMITTEE. 6
C5.00 CENTRAL GRIEVANCE PROCESS. 6
C5.2 Central Dispute Resolution Committee. 7
C5.3 The grievance shall include. 7
C5.4 Referral to the Committee. 8
C5.6 Selection of the Arbitrator 8
C7.00 SPECIALIZED JOB CLASSES. 9
C8.1 Eligibility and Coverage. 9
C8.2 Funding. 10
C8.3 Cost sharing. 11
C8.4 Full-Time Equivalent (FTE) and Employer Contributions. 11
C8.5 Pay in Lieu of Benefits. 11
C8.6 Privacy. 12
C9.00 STATUTORY LEAVES OF ABSENCE/SEB. 13
C9.1 Family Medical Leave or Critical Illness Leave. 13
C9.2 Supplemental Employment Benefits (SEB) 13
C11.00 ATTENDANCE AT MANDATORY MEETINGS/SCHOOL EVENTS. 17
APPENDIX A – RETIREMENT GRATUITIES. 18
APPENDIX B – ABILITIES FORM… 19
RE: Scheduled Unpaid Leave Plan. 23
RE: Professional Activity Day. 25
RE: Half-Day Violence Prevention Training. 27
RE: Employment Insurance (E.I.) Rebate. 29
RE: Professional Development 30
RE: Children’s Mental Health, Special Needs and Other Initiatives. 31
RE: Status Quo Central Items. 32
RE: Provincial Working Group – Health and Safety. 34
RE: Status Quo Central Items and Items requiring Amendment and Incorporation. 35
HISTORICAL APPENDIX OF CENTRAL TERMS – FOR REFERENCE ONLY. 43
OCEW – PART A: Central Terms
C1.00 Structure and Content of Collective Agreement
(ALL JOB CLASSIFICATIONS)
C1.1 Separate Central and Local terms
The collective agreement shall consist of Central Terms and Local Terms.
C1.2 Implementation
Central Terms may include provisions respecting the implementation of central terms by the school board and, where
applicable, the bargaining agent. Any such provision shall be binding on the school board and, where applicable, the
bargaining agent.
C1.3 Parties
The parties to the collective agreement are the school board and the bargaining agent.
If applicable, Central collective bargaining shall be conducted by the central employer and employee bargaining agencies
representing the local parties.
C1.4 Single Collective Agreement
Central Terms and Local Terms shall together constitute a single collective agreement.
C2.00 LENGTH OF
TERM/NOTICE TO BARGAIN/RENEWAL (ALL JOB CLASSIFICATIONS)
C2.1 Single Collective Agreement
The Central and Local Terms of this collective agreement shall constitute a single collective agreement for all
purposes.
C2.2 Term of Agreement
In accordance with Section 36 and Subsection 41(1) of the School Boards Collective Bargaining Act, 2014, the
term of this collective agreement, including Central Terms and Local Terms, shall be for a period of three (3) years
from September 1, 2019 to August 31, 2022, inclusive.
C2.3 Where Term Less Than Agreement Term
Where a provision of this collective agreement so provides, the provision shall be in effect for a term less than the
term of the collective agreement.
C2.4 Term of Letters of Understanding
Subject to Section 36 of the School Boards Collective Bargaining Act, 2014, all Central Letters of
Understanding appended to this agreement, or entered into after the execution of this agreement shall, unless otherwise
stated herein, form part of the collective agreement, run concurrently with it, and have the same termination date as
the agreement.
C2.5 Amendment of Terms
In accordance with Section 42 of the School Boards Collective Bargaining Act, 2014, the central terms of this
agreement, excepting term, may be amended at any time during the life of the agreement upon mutual consent of the
Central Parties and agreement of the Crown.
C2.6 Notice to Bargain
- Where central bargaining is required under the School Boards Collective Bargaining Act, 2014, notice to
bargain centrally shall be in accordance with Sections 28 and 31 of that Act, and with Section 59 of the
Labour Relations Act, 1995. - Notice to commence bargaining shall be given by a Central Party:
- Within 90 (ninety) days of the expiry of the collective agreement; or
- Within such greater period agreed upon by the parties; or
- Within any greater period set by regulation by the Minister of Education.
- Notice to bargain centrally constitutes notice to bargain locally.
- Where no Central Table is designated, notice to bargain shall be consistent with section 59 of the Labour
Relations Act, 1995.
C3.00 DEFINITIONS
C3.1 Unless otherwise specified, the following definitions shall apply only with respect to their
usage in standard central terms. Where the same word is used in the Local Terms of this collective agreement, the
definition in that part, or any existing local interpretation shall prevail.
C3.2 The “Central Parties” shall be defined as the Employer Bargaining Agency, the Council of
Trustees’ Association (CTA) and the Employee Bargaining Agency, the Ontario Council of Educational Workers (OCEW).
The Ontario Council of Educational Workers (OCEW) refers to the designated Employee Bargaining Agency pursuant to
subsection 20 (2) of the Act for central bargaining with respect to employees in the bargaining units for which OCEW is
the designated employee bargaining agency. The OCEW is composed of:
- COPE Ontario and its Locals 103, 429, 454, 527 and 529.
- Educational Resource Facilitators of Peel.
- Essex and Kent Counties Skilled Trades Council.
- Labourers’ International Union of North America, Local 837.
- Maintenance and Construction Skilled Trades Council.
- Ontario Public Service Employees Union. O. Reg. 163/14, s. 1.
- Unifor – O. Reg 59/19 s. 2
The Council of Trustees’ Associations (CTA) refers to the designated employer bargaining agency pursuant to subsection
21 (6) of the Act for central bargaining with respect to employees in the bargaining units for which OCEW is the
designated employee bargaining agency. For the purpose of this agreement, the CTA is composed of the Ontario Catholic
School Trustees’ Association and the Ontario Public School Boards’ Association.
C3.3 “Employee” shall be defined as per the Employment Standards Act.
C3.4 “Casual Employee” means,
- a casual employee within the meaning of the local collective agreement,
- if clause i. does not apply, an employee who is a casual employee as agreed upon by the board and the bargaining
agent, or
- if clauses i. and ii. do not apply, an employee who is not regularly scheduled to work
C3.5 “Term Assignment” means, in relation to an employee,
- a term assignment within the meaning of the local collective agreement, or
- where no such definition exists, a term assignment will be defined as twelve (12) days of continuous employment
in one assignment
C4.00 CENTRAL LABOUR
RELATIONS COMMITTEE
C4.1 The CTA and OCEW agree to establish a joint Central Labour Relations Committee to promote and
facilitate communication between rounds of bargaining on issues of joint interest.
C4.2 The parties to the Committee shall meet within sixty days of the completion of the current
round of negotiations to agree on Terms of Reference for the Committee.
C4.3 The Committee shall meet as agreed but a minimum of three times in each school year.
C4.4 The parties to the Committee agree that any discussion at the Committee will be on a without
prejudice and without precedent basis, unless agreed otherwise.
C4.5 The committee shall include up to six (6) representatives from OCEW and up to six (6)
representatives from the CTA. The parties agree that the Crown may attend meetings.
C4.6 OCEW and CTA representatives will each select one co-chair.
C4.7 Additional representatives may attend as required by each party.
C5.00 CENTRAL GRIEVANCE PROCESS
The following process pertains exclusively to grievances on central matters that have been referred to the Central
Process. In accordance with the School Boards Collective Bargaining Act central matters may also be grieved
locally, in which case local grievance processes will apply.
C5.1 Definitions
- A “grievance” shall be defined as any difference relating to the interpretation, application, administration, or
alleged violation or arbitrability of an item concerning any Central Term of a collective agreement. - The “Central Parties” to the grievance process shall be defined as the Council of Trustees’ Association and the
Ontario Council of Educational Workers (OCEW). - The “Local Parties” shall be defined as the parties to the collective agreement.
- “Days” shall mean regular school days.
C5.2 Central Dispute Resolution Committee
- There shall be established a Central Dispute Resolution Committee (CDRC), which shall be composed of two (2)
representatives from the Council of Trustees’ Association, two (2) representatives of the Crown and four (4)
representatives from the OCEW. - The Committee shall meet at the request of one of the Central Parties. The Committee may meet in person, by tele
or video conference or in any other manner agreeable to the committee. - The Central Parties shall each have the following rights:
- To file a dispute as a grievance with the Committee.
- To engage in settlement discussions, and to mutually settle a grievance with the consent of the Crown.
- To withdraw a grievance.
- To mutually agree to refer a grievance to the local grievance procedure.
- To mutually agree to voluntary mediation.
- To refer a grievance to final and binding arbitration at any time.
- The Crown shall have the following rights:
- To give or withhold approval to any proposed settlement between the Central Parties.
- To participate in voluntary mediation
- To intervene in any matter referred to arbitration.
- Only a Central Party may file a grievance and refer it to the Committee for discussion and review. No grievance
can be referred to arbitration without three (3) days prior notice to the Committee. - It shall be the responsibility of each Central Party to inform their respective Local Parties of the Committee’s
disposition of the dispute at each step in the central dispute resolution process including mediation and
arbitration, and to direct them accordingly. - Each of the Central Parties and the Crown shall be responsible for their own costs for the central dispute
resolution process.
C5.3 The grievance shall include:
- Any central provision of the collective agreement alleged to have been violated.
- The provision of any statute, regulation, policy, guideline, or directive at issue.
- A detailed statement of any relevant facts.
- The remedy requested.
C5.4 Referral to the Committee:
- Prior to referral to the Committee, the matter must be brought to the attention of the other local party.
- A Central Party shall refer the grievance forthwith to the CDRC by written notice to the other central party,
with a copy to the Crown, but in no case later than 40 days after becoming aware of the dispute. - The Committee shall complete its review within 10 days of the grievance being filed.
- If the grievance is not settled, withdrawn, or referred to the local grievance procedure by the Committee acting
by consensus, the central party who has filed the grievance may, within a further 10 days, refer the grievance
to arbitration. - If the grievance is referred to arbitration, the other responding central party shall file a detailed statement
of any relevant facts and its position on any issues remaining in dispute with the other Central Party and the
Crown within 10 days. Within a further 10 days, the Crown shall advise the parties of its intent to intervene in
the arbitration process and shall include a detailed statement of any relevant facts and its position on any
issues remaining in dispute and file that statement with the Central Parties. - All timelines are directory and may be extended by mutual consent of the parties.
C5.5 Voluntary mediation:
- The Central Parties may, on mutual agreement, request the assistance of a mediator.
- Where the Central Parties have agreed to mediation, the remuneration and expenses of the person selected as
mediator shall be shared equally between the central parties. - Timelines shall be suspended for the period of mediation.
C5.6 Selection of the Arbitrator:
- Arbitration shall be by a single arbitrator.
- The Central Parties shall select a mutually agreed upon arbitrator.
- The Central Parties may refer multiple grievances to a single arbitrator.
- Where the Central Parties are unable to agree upon an arbitrator within 10 days of referral to arbitration,
either Central Party may request that the Minister of Labour appoint an arbitrator. - The remuneration and expenses of the arbitrator shall be shared equally between the Central Parties.
C5.7 The
arbitrator shall have all of the powers provided to arbitrators under the Labour Relations Act and under
section 43 of the School Boards Collective Bargaining Act, 2014 and the authority to order a remedy which the
arbitrator considers just and reasonable.
C6.00 WORK YEAR
The fulltime work year for all employees employed in EA and ECE job classes shall be a
minimum of 194 work days to correspond with the school year calendar.
C7.00 SPECIALIZED JOB
CLASSES
Where there is a difficulty with recruitment or retention for a particular specialized job class in which the pay rate
is below the local market value assessment of that job class, the Local Parties may agree to apply a temporary skills
shortage allowance to that job class in order to assist with recruitment and retention.
C8.00 BENEFITS
The Parties have agreed to include in a Historical Appendix of Central Terms – For Reference Only, (a) Letter of
Agreement #4 of the 2014-17 Agreement on Central Terms; and (b) a template local agreement between the school boards and
the Unifor local with respect to Employee Life and Health Trust (ELHT) Benefits.
Subject to provisions in this agreement, the Parties agree that since all active eligible employees have now
transitioned to the Ontario English Catholic Teachers Association (OECTA) ELHT that all references to existing life,
health and dental benefits plans in the applicable local collective agreement for active eligible employees shall be
removed from that local agreement.
The date on which the board and the bargaining unit commenced participation in the OECTA ELHT shall be referred to
herein as the “Participation Date”. For employees who joined the OCEW Benefits Plan, the Participation Date was June 1,
2018. For employees who joined the Unifor Benefits Plan, the Participate Date was November 1, 2018.
- The OECTA ELHT will maintain eligibility for OCEW and Unifor represented employees who are currently eligible
for benefits, and any newly eligible employee covered by the local terms of the applicable collective agreement
(“OCEW represented employees”).
- Retirees who were previously represented by OCEW or Unifor, who were, and still are members of a board benefit
plan as at the participation date are eligible to receive benefits through the ELHT with funding based on prior
arrangements. Retirees will be eligible to transition from Board run benefits plans into segregated plans
administered by the OECTA ELHT, subject to a Board’s right to opt out, in accordance with Letter of Agreement
#14. - No individuals who retire after the Participation Date are eligible for benefits.
- applicable Windsor Essex Catholic District School Boards’ Unifor employees and
retirees will be administered in accordance with the Minutes of Settlement signed by Unifor and the Crown on
November 17, 2016; - applicable Greater Essex County District School Boards’ Skilled Trades employees and
retirees will be administered in accordance with the Minutes of Settlement signed by the school board, the
members of the Skilled Trades Council, and the Crown on February 7, 2019; and
- Nothing in this agreement shall be construed as altering the fundamental obligations
assumed by any party to the Minutes of Settlement referenced in i. or ii above.
C8.2 Funding
Funding related to the ELHT Benefit Plan(s) will be based on the following:
a) A reconciliation process based on the financial results for the year ending on
August 31, 2022 equal to the lesser of the total cost of the OCEW and Unifor plans per FTE and the funding rate per
FTE as of September 1, 2021. This reconciliation will adjust the amount per FTE as of September 1, 2022.
i. The financial
results for reconciliation shall be based on the audited financial statements for the year ending on August 31,
2022. The Parties and the Crown agree to jointly request that the OECTA ELHT provide the audited financial
statements, at the OCEW and Unifor’s Benefit plan expense, no later than November 30, 2022.
ii. The total cost
represents the actual costs related to the delivery of the OCEW and Unifor benefit plans through the OECTA ELHT.
Total cost is defined as the total cost on August 31, 2022 audited financial statements, excluding any and all costs
related to retirees and optional employee benefit costs. The Parties agree that the audited financial statements
should provide a breakdown of total cost which shall include the total cost of the OCEW and Unifor benefits plan and
related costs which include but are not limited to claims, administration expenses, insurance premiums, consulting,
auditing, and advisory fees, legal fees and all other costs and taxes as reported in the OECTA ELHT audited
financial statements.
- Funding amounts for benefits maintenance or improvements to adjust the current OCEW rate ($5,489.12) and Unifor
rate ($5,529.14):- September 1, 2019: 1%
- September 1, 2020: 1%
- September 1, 2021: 1%
- In addition to b), within 90 days of confirmation that all OCEW bargaining units have completed ratification of
the local terms, the Crown shall make a- one-time payment of $2,500,000 (inclusive of tax) to the OECTA ELHT – OCEW separate account; and
- a one-time payment of $250,000 (inclusive of tax) to the OECTA ELHT – Unifor separate account.
d) All funding outlined in d) i) shall be conditional on no enhancement being made
to the OCEW or Unifor Benefit Plans over the term of the agreement equivalent to an annual increase of greater than
1% of total benefits costs as defined in a) ii) or any reductions to existing premium share or the introduction of a
premium holiday. For clarity, the total value of all plan enhancements or premium holidays made up to August 31,
2022, shall not exceed 1% of the annual OCEW or Unifor Benefits Plan costs for the year in which the enhancement is
made. The OECTA ELHT trustees shall provide the sponsoring parties information that confirms the cost of the
increases, at the OCEW or Unifor’s Benefit plan expense, should any of the sponsoring parties request it. For
clarity, changing the enrollment from closed to an open enrollment, without expanding eligibility to new groups of
employees or a merger or harmonization of the OCEW and Unifor benefits plans, is not considered a plan enhancement.
- If the audited financial statements for the years ending December 31, 2020 or December 31, 2021, report net
assets below 15% of the total cost of the OCEW or Unifor benefit plans, due to inflation for that year, defined
in a) ii), the rate determined under b) shall be increased by 3% retroactive to the beginning of that school
year in each of two years the net assets are below the threshold. This increase will only apply to the benefit
plan that falls below the threshold.
C8.3 Cost Sharing
- The terms and conditions of any existing Employee Assistance Program/Employee Family
Assistance Program shall remain the responsibility of the respective Board and not the ELHT, maintaining current
employer and employee co-share where they exist. The Board shall maintain its contribution to all statutory
benefits as required by legislation (including but not limited to Canada Pension Plan, Employment Insurance,
Employer Health Tax, etc.).
C8.4 Full-Time Equivalent (FTE) and Employer Contributions
- For purposes of ongoing funding, the FTE positions will be those consistent with the Ministry of Education FTE
directives as reported in what is commonly known as Appendix H – staffing schedule by Employee/Bargaining group
for job classifications that are eligible for benefits.
- The FTE used to determine the board benefits contributions will be based on the estimated average FTE reported
by the boards in the staffing schedule by Employee/Bargaining group as of October 31 and March 31.
- Monthly amounts paid by the board to the OECTA ELHT’s administrator based on estimates FTE shall be reconciled
by the Crown to the actual average FTE reported by the boards in the staffing schedule by Employee/Bargaining
group for each school year ending August 31. If the reconciliation of FTE results in any identified differences
in funding, those funds shall be remitted to or recovered from the OECTA ELHT in a lump sum on a board by board
basis.
- In the case of a dispute regarding the FTE used to determine the boards’ benefits contributions to the OECTA
ELHT, the dispute shall be resolved between the board and the local union represented by OCEW. If no resolution
to the issue can be achieved it shall be subject to the Central Dispute Resolution Process.
- All employees not transferred to the Trust who received pay in lieu of benefits under a collective agreement in
effect as of August 31, 2014, shall continue to receive the same benefit.
- For all construction or maintenance employees participating in a benefits plan provided by their construction
union or affiliate, payment for this arrangement will remain the on-going obligation of the affected boards.
- New hires after the Participation Date who are eligible for benefits through the OECTA ELHT are not eligible for
pay in lieu of benefits.
The Parties agree to inform the Trust Plan Administrator, that in accordance with applicable privacy legislation, the
Trust Plan Administrator shall limit the collection, use and disclosure of personal information to information that is
necessary for the purpose of providing benefits administration services. The Trust Plan Administrator’s policy shall
also be based on the Personal Information Protection and Electronic Documents Act (PIPEDA).
C8.7 Benefits Committee
A benefits committee comprised of the employee representatives and the employer representative, including the Crown,
will convene upon request to address all matters that may arise in the delivery of the OCEW benefits plan.
C9.00 STATUTORY LEAVES OF ABSENCE/SEB
C9.1 Family Medical Leave or Critical Illness Leave
- Family Medical Leave or Critical Illness leaves granted to an employee under this Article shall be in accordance
with the provisions of the Employment Standards Act, as amended.
- The employee will provide to the employer such evidence as necessary to prove entitlement under the ESA.
- An employee contemplating taking such leave(s) shall notify the employer of the intended date the leave is to
begin and the anticipated date of return to active employment.