SEPTEMBER 1, 2017 TO August 31, 2021
COLLECTIVE AGREEMENT
BETWEEN:
THE EITZ CHAIM SCHOOLS
- and -
THE FEDERATION OF TEACHERS IN HEBREW SCHOOLS TABLE OF CONTENTS
ARTICLE 1 - DEFINITIONS ...... 1
ARTICLE 2 - RECOGNITION ...... 1
ARTICLE 3 - FEDERATION SECURITY and DUES DEDUCTION ...... 1
ARTICLE 4 - RELATIONSHIP ...... 2
ARTICLE 5 - GRIEVANCE PROCEDURE ...... 2
ARTICLE 6 - BET DIN (Rabbinical Court) ...... 3
ARTICLE 7 - TERMINATION AND SENIORITY ...... 5
ARTICLE 8 - LEAVES OF ABSENCE ...... 7
ARTICLE 9 - SICK LEAVE ...... 11
ARTICLE 10 - HEAL TH AND WELFARE ...... 13
ARTICLE 11 - GENERAL RIGHTS AND WORKING CONDITIONS ...... 14
ARTICLE 12 - SCHOOL'S RIGHTS ...... 14
ARTICLE 13 - SALARY, HOURS, CLASSIFICATION ...... 15
ARTICLE 14 - STRIKES AND LOCKOUTS ...... 17
ARTICLE 15-TERMINATION OF AGREEMENT ...... 17
ARTICLE 16 - ESTABLISHMENT OF LIAISON/REVIEW COMMITTEE ...... 18
ARTICLE 17 - RETIREMENT GRATUITY ...... 18
ARTICLE 18- PROTOCOL FOR RETIRING AND POTENTIAL REHIRING ...... 19
LETTER OF UNDERSTANDING ...... 21
APPENDIX "A" - 2017/18 YEAR ONE OF SALARY SCALE ...... 22
APPENDIX "B" - 2018/19 YEAR TWO OF SALARY SCALE ...... 23
APPENDIX "C" - 2019/20 YEAR THREE SALARY SCALE ...... 24
APPENDIX "D" - 2010/21 YEAR FOUR SALARY SCALE ...... 25 ARTICLE 1 · DEFINITIONS
1.01 "CREDIT" means a sick leave credit entitling a teacher to payment of salary for one day under the provisions of this agreement during absence from duty.
1.02 "PERMANENT TEACHER" means a teacher employed by the School with more than three years seniority with the School or who has been granted Permanent Teacher status by the School prior to obtaining three years seniority provided he or she has taught and continues to teach a minimum of 10 hours per week.
1.03 "PROBATIONARY TEACHER" means a teacher employed by the School with three school years' seniority or less with the School but does not include a Permanent Teacher.
1.04 "SCHOOL YEAR" means the period between the day after Labour Day and the 30th day of June in the following calendar year. It is agreed that teachers are hired by the School on the condition that they are prepared to participate in such seminars, orientation sessions and teachers' meetings as may be arranged during the last five days prior to the commencement of the School Year.
1.05 "SENIORITY" is defined at Articles 7.03 and 7.04.
1.06 "TEACHER" means any person employed to perform educative functions in the classroom or activities associated in classroom work, who has been found by the Qualifications Committee established pursuant to Section 13.10 of this agreement, but does not include the principal or those above the rank of principal or tutors.
ARTICLE 2 · RECOGNITION
2.01 The School recognizes the Federation as the sole collective bargaining agent for all Teachers in the Hebrew Department employed by the School save and except for those Hebrew Teachers teaching subjects in the General Studies Department or in the Pre-School Department, the Principal and those above the rank of Principal. The Federation's bargaining unit does not include General Studies Teachers.
ARTICLE 3 · FEDERATION SECURITY AND DUES DEDUCTION
3.01 The School agrees that it shall deduct from the pay cheque of each Teacher who shall sign a Payroll Deduction and Disclosure Authorization Card, a sum certified by the Secretary of the Federation to be initiation fees and Federation dues; and any other deductions negotiated between the School and the Federation. Payroll Deduction and Disclosure Authorization Cards duly signed by all staff covered by this agreement shall be given to the School by the Federation following the signing of this Agreement or within 30 days of the beginning of a Teacher's employment at the School. Payroll Deduction and Disclosure Authorization Cards shall be valid - 2 -
for the term of this agreement, and shall continue thereafter so long as an agreement continues between the School and the Federation.
3.02 The School hereby agrees that the sums deducted in accordance with Article 3.01 shall be forwarded to the Federation within 30 days of the end of the month in which said deduction was made together with a list of all staff members for whom such deductions were made and the amount of their monthly pay cheque.
3.03 The Federation agrees to indemnify and hold harmless the School from any action brought against the School by any Teacher as a result of the aforementioned deductions.
3.04 Any Teacher whose date of employment commences after the beginning of the School Year shall have a pro rata amount of the annual dues deducted according to the number of months of employment remaining during the remainder of the Contract Year.
3.05 All Teachers employed by the School, must as a condition of employment or continued employment, sign the Payroll Deduction and Disclosure Authorization Card.
ARTICLE 4 - RELATIONSHIP
4.01 The School shall allow the Federation the reasonable use of a meeting room as available in the school premises for the conduct of Federation meetings as they may be scheduled from time to time outside of School hours. There shall be no charge for the provision of such room in the case of regular business meetings of the Federation.
4.02 Any correspondence regarding a grievance filed by a Teacher shall be sent both to the Teacher and the Federation.
4.03 The School shall make available to the Federation a bulletin board for Federation business on the premises. The Federation shall be entitled to place correspondence in the mail box of any Teacher. Both of these privileges are granted subject to their being used only for proper and reasonable purposes.
ARTICLE 5 - GRIEVANCE PROCEDURE
5.01 The School and the Federation agree that the designated grievance procedure as hereinafter set forth shall serve as and constitute the agreed upon means to be utilized by the grievor for the prompt disposition, decision and final settlement of a grievance arising in respect of the interpretation, application, administration or alleged violation of this agreement, and the specifically designated grievance procedure shall be followed strictly. - 3 -
Whenever the term "grievance procedure" is used in this agreement, it shall be considered as including the arbitration procedure.
5.02 STEP ONE A Teacher who has a grievance shall notify his Principal of the grievance and they shall discuss the grievance. In all discussions of the grievance following notification, the Teacher may be accompanied by a School representative of the Federation.
5.03 STEP TWO If the grievance is not resolved within ten (10) School days under Step One, the Federation may within the next ten (10) School days refer the grievance to a committee appointed for that purpose by the School, in writing on a form supplied by the Federation, which shall be signed by the Teacher and a Federation official, and a copy shall be given to the Principal or the Teacher's immediate superior. The committee shall attempt to resolve the grievance within ten (10) School days of the receipt of the grievance in writing. A reply to the grievance must be sent to the Teacher concerned and the Federation.
5.04 The Federation or the School may initiate a grievance in regard to any matter beginning at Step Two of the grievance procedure. The Federation or School shall initiate such policy or group grievance by giving notice to the other party within thirty (30) School days following the day that the cause for the grievance became known or reasonably ought to have been known to the grieving party.
5.05 The time within which such grievance may be brought may extend up to thirty (30) days beyond the term of this agreement if the day the cause became known or reasonably ought to have been known is within thirty(30) School days preceding the end of the term of this agreement.
5.06 Any grievance may be referred to Din Torah as provided for below after the time limits set out in Articles 5.02 and/or 5.03 have elapsed.
5.07 All time limits are directory unless otherwise specified.
5.08 A decision or settlement reached at any stage of the grievance procedure shall be final and binding upon all parties thereto and shall not be subject to re opening by any party except by agreement in writing. Either party shall have the right to require the attendance of the grievor at any meeting held pursuant to the grievance procedure.
ARTICLE 6 - BET DIN (RABBINICAL COURT)
6.01 Where a party wishes to refer a grievance or arbitration relating to the interpretation, application, administration or alleged violation of this agreement, including any question as to whether a matter is arbitral, it may, after the grievance procedure established by this agreement has been - 4 -
complied with, notify the other party in writing of its desire to submit the grievance to arbitration. The parties agree that instead of an arbitration board, the grievance shall be submitted to a Bet Din (Rabbinical Court). The parties agree that if the grievance is referred to a Bet Din (Rabbinical Court), its decision shall be final and binding upon the parties as though it were an arbitration under the Ontario Labour Relations Act. Each party to the Din Torah shall appoint a member of the Bet Din. If the appointee is a Rabbi, he shall be a Rabbi as hereinafter defined. If the appointee is a layman, he shall be a "shomer Torah U'mitzvoth". These two appointees shall then appoint a Rabbi as a third member of the Bet Din. Rabbis constituting the Bet Din (Rabbinical Court), or any portion thereof, shall be drawn from among those Rabbis who are members of the Rabbinical Vaad Hakashrut of the Orthodox Division affiliated with the Canadian Jewish Congress, the Agudas Harabonim, lggud Harabonim or The Rabbinical Council of America.
6.02 The Bet Din (Rabbinical Court) shall be constituted within fifteen (15) days of the giving of the notice and a hearing shall be held as soon as possible thereafter.
6.03 The Bet Din (Rabbinical Court) is to be governed by the following provisions:
(a) the Bet Din (Rabbinical Court) shall hear and determine the grievance(s) and shall issue a decision which is final and binding upon the parties and upon any employee or employer affected by it;
(b) the decision of the majority is the decision of the Bet Din (Rabbinical Court); but, if there is no majority, the decision of the chairman is the decision of the Bet Din (Rabbinical Court);
(c) the Bet Din (Rabbinical Court) shall determine its own procedure, but shall give full opportunity to all parties to present evidence and make submissions;
(d) the Bet Din (Rabbinical Court) shall not have the power to alter or amend any of the provisions of this agreement;
(e) the Bet Din (Rabbinical Court) shall have the power to amend a grievance, modify penalties and relieve against non-compliance with the time limits or other technicalities or irregularities in the grievance procedure.
6.04 A Teacher shall only be disciplined for cause.
6.05 No Rabbi shall be appointed to the Bet Din (Rabbinical Court) who has been involved in any attempt to negotiate or settle the grievance.
6.06 Each of the parties shall share the expenses of the Bet Din (Rabbinical Court) equally. - 5 -
6.07 No action of any kind shall be taken against any person because of his or her participation in the grievance or arbitration procedures under this agreement.
ARTICLE 7 - TERMINATION AND SENIORITY
7.01 No Permanent Teacher may be terminated except for cause or on account of diminished enrolment.
7.02 In the case of termination or reduction of hours of a Permanent Teacher, such termination or reduction shall occur in the reverse order of his or her seniority, provided that a Permanent Teacher so affected may only exercise his or her seniority in subjects that the Teacher has taught within the last three (3) school years at the School, and provided further that the Teachers remaining at the School are capable of teaching the curriculum of the School.
7.03 Seniority shall be maintained separately in the Boys and Girls schools, and determined by:
(i) aggregate teaching experience in the Hebrew Studies Department at the School.
7.04 For the purpose of Article 7.03, one year's teaching experience shall be credited for any School Year in which the Teacher has regularly taught fifteen (15) hours or more per week. If a Teacher has taught less hours or weeks, such experience shall be calculated as a pro-rated proportion of one year's teaching experience.
7.05 Where a Permanent Teacher is to be terminated or have hours reduced pursuant to Article 7.02, the Teacher shall receive written notice on or before May 15. Such termination shall not take effect until the end of the School Year. Failure to provide such notice shall render any such termination null and void.
7.06 A Permanent Teacher terminated in accordance with Article 7.02 shall be entitled to one (1) month's salary for each year of seniority with the School to a maximum of one year's salary. Such salary shall be paid on a monthly basis for the period of entitlement and shall be reduced by the salaried income received by the Teacher from any other teaching position. A Permanent Teacher whose hours are reduced in accordance with Article 7.02 shall be entitled to compensation equal to one (1) month's salary per hour of teaching time reduced for each year of seniority with the School to a maximum of one year's salary. Such compensation shall be paid on a monthly basis for the period of entitlement in addition to the salary payable to the Teacher for the actual hours taught.
7.07 The School may terminate the employment of a Probationary Teacher in its absolute discretion and without the termination being subject to the grievance - 6 -
or arbitration procedures of this agreement provided that such termination is not arbitrary, discriminatory or in bad faith. Without limiting the generality of the foregoing, the School may terminate for performance deemed by the School to be inadequate or because of incompatibility of the Probationary Teacher with students, fellow Teachers, parents, supervisory personnel or the community within which the School operates.
7.08 For the purposes of Article 7.08 "arbitrary" shall mean capricious, non-rational and without any consideration; "discriminatory" shall mean for a reason which constitutes impermissible discrimination under the Ontario Human Rights Code; and "bad faith" shall mean for a sinister motive.
7.09 A Probationary Teacher being terminated in accordance with Article 7.07 shall be terminated effective after two (2) weeks' notice. Notwithstanding the foregoing, a Probationary Teacher may be terminated at any time for cause.
7.10 A Teacher's employment shall terminate at the end of the School Year during which such Teacher attains the age of 65 or where such Teacher attains age 65 before the commencement of the next following School Year. After such termination, the School may re-employ such Teacher on a year-to-year basis on such salary and benefit terms as the Teacher and the School agree upon.
7.11 Teachers deciding to terminate their employment with the School shall give the School written notice no later than April 28 effective at the end of that School Year. Such written notice may be withdrawn by the Teacher within forty-eight (48) hours of being given, and if not so withdrawn may be subsequently only withdrawn in the absolute discretion of the School.
7.12 The School may have temporary scheduling changes wherein Teachers are awarded extra hours without the Teacher acquiring seniority for those hours unless he or she has taught those hours for three (3) consecutive years.
7.13 Where the number of Teacher hours at a branch of the School is increased, such increased hours shall be offered to the most senior suitable qualified Teacher, provided such Teacher is teaching at that branch of the School not more than twenty-three and one-half (23 1h) hours and not less than ten (10) hours per week.
7.14 The School can discipline or discharge employees for reasons, which include the following:
(a) neglect or dereliction of duty;
(b) non-compliance with regulations as set down by the School in writing;
(c) being at work under the influence of alcohol or narcotics;
(d) physical mistreatment of a pupil or pupils; - 7 -
(e) failure to adhere his/her teaching and conduct within the School to the philosophy and/or ideology of the School, as previously specified to the Teacher in writing by the School;
(f) constant lateness or illegal absences;
(g) incompetence, that is, if the Teacher does not maintain the standards generally accepted in the School for his/her peers as established in the School by the Principal;
(h) failure to follow the curriculum of the School or to fulfill its intent; or
(i) publicly disparaging the School.
7 .15 Discharge for cause shall include but not be limited to failure to adhere to the religious tenets of the School as specified by Halacha.
ARTICLE 8 - LEAVES OF ABSENCE
8.01 Sabbatical Leave shall be granted by the School without loss of salary and without deduction of sick leave credit for the following purposes:
(a) writing university, Yeshiva (Seminary) or professional examinations related to the teaching profession - two (2) days;
(b) attending a staff member's own graduation - one (1) day;
(c) attending Court for non-civil matters either as a person charged or as a party in any action in which the staff member's presence is required by law, where arrangements cannot be made to attend Night Court - three (3)days;
(d) compassionate leave during the period of Shiva at the time of the death of a member of the staff member's immediate family which includes parents, spouse, children, brothers and sisters (for parent- in-law, such leave shall be no longer than three (3) days plus traveling time for Shiva out of the Province of Ontario);
(e) quarantine by order of the Medical Officer of Health or by order of School Medical Adviser advising non-attendance of Teacher in class three (3) days;
(f) jury duty or duty in any Court to which he or she has been summoned in any proceedings to which he or she is not a party or one of the persons charged, provided that the staff member pays to the School any fees, exclusive of traveling allowances and living expenses received as a juror or witness, and provided further that in the event of jury duty, the School - 8 -
may apply on behalf of the Teacher for an exemption if School requirements make such necessary - as required;
(g) special circumstances for reasons approved by the School in writing prior to the absence.
The number of days set out above are on a per School Year basis and cannot be banked or accumulated in any manner.
8.02 Absences may be granted by the School for personal reasons without pay or any other form of remuneration to the Teacher. These may be granted under special circumstances at the discretion of the School, and such consent shall not be unreasonably withheld.
8.03 Absences of one (1) day shall be granted by the School with deduction of sick leave credits from the sick/personal days, or at the option of the Teacher, without pay and without deduction of sick leave credits, upon reasonable written notice for the following:
(a) moving to a new place of residence;
(b) attending the funeral of a relative; or
(c) caring for a member of the Teacher's immediate family in the case of a serious illness. Immediate family defined as a spouse, child or parent.
8.04 No Teacher shall be laid off or otherwise adversely affected in her employment because of pregnancy. The School may require such Teacher to commence a leave of absence only at such time as the Teacher, as a result of pregnancy, cannot perform her duties. Where a Teacher provides the School with the certificate of a duly qualified medical practitioner indicating that the Teacher is able to perform the duties of her position, the School shall not require such Teacher to commence a leave of absence or otherwise adversely affect her employment.
8.05 A Teacher who has been employed for twelve (12) months, is entitled, on application to the School, to maternity leave without pay, provided she provides the School with a letter from a duly qualified medical practitioner confirming her pregnancy and indicating the expected date of birth. The normal length of such leave shall be a minimum of seventeen (17) weeks, and shall be comprised of at least eleven (11) weeks prior to the expected birth date and six (6) weeks after such birth. Leave shall be granted up to a maximum of twelve (12) months where a certificate of a duly qualified medical practitioner is provided stating that such period of leave is required before or after birth for reasons of the health of either the mother or the child due to complications arising from pregnancy or because of special circumstances requiring post natal care. - 9 -
8.06 While on maternity leave, seniority shall continue to accumulate and accrue to the Teacher for the duration of her leave. During the period of maternity leave the School shall continue to pay all hospital, medical, disability, group life insurance and other benefits contained in this agreement.
8.07 Upon giving two (2) weeks' notice to the School a Teacher on pregnancy leave shall be allowed to return to the position she held prior to the commencement of her leave. If her former position no longer exists, she shall be given other work of a comparable nature, at not less than the wage rate prevailing at the time she commenced her leave of absence plus any increase she would have received had she not commenced a leave of absence.
8.08 Teachers shall be granted a paternity leave of absence for a period not exceeding one (1) day with pay but with the deduction of sick leave credit, such period being taken immediately after the birth of the child or upon the return home of the mother and child, provided that a male Teacher may have five (5) additional days without pay at his request.
8.09 A female Teacher who has been employed by the School for a period of at least one (1) year immediately prior to the request for an adoption leave, shall be eligible for adoption leave.
8.10 Eligible Teachers shall be granted an adoption leave of absence for a period of up to thirty (30) calendar days without pay. The Teacher and the School will attempt to agree on a mutually acceptable period, but where it is apparent that the adoption date cannot be postponed, such period shall commence immediately upon the child becoming available for adoption and being taken home. The first such day of adoption leave shall be granted with pay. The School may in its discretion (which discretion shall not be unreasonably exercised) grant a male Teacher adoption leave without pay or any other form of remuneration to the Teacher. The School may allow the Teacher to deduct such leave from his accumulated sick leave.
8.11 When a Teacher reports for work upon the expiration of the adoption leave, the Teacher shall resume work with no loss of seniority or benefits accrued to the commencement of the adoption leave, and seniority shall accumulate during such adoption leave.
8.12 A Permanent Teacher who wishes to take an extended leave of absence without pay shall apply in writing to the Head of School giving the reason(s) and details regarding the purpose of the proposed leave. The Teacher shall apply no later than April 30 for a leave beginning any time in the next School Year. The School may grant such leave in its absolute discretion. An extended leave shall mean a leave of at least one (1) School Year.
8.13 If a Teacher decides not to return to the School following an extended leave of absence without pay, the School shall be notified as soon as possible of this - 10 -
decision and not later than March 1 for the following September. The School shall re-assign to teaching duties a Teacher who has duly notified his or her intention to return from such leave.
8.14 In all leave of absence situations, a Teacher shall whenever possible, apply for such leave at least six (6) weeks before the day, or first day, of such leave.
8.15 When a Teacher reports for work upon the expiration of an extended leave of absence, the Teacher shall resume work with no loss of seniority or benefits accrued to the commencement of the extended leave, but seniority shall not accumulate during such leave.
8.16 Sabbatical Leave without pay for a period of a full School Year shall be granted to a Teacher after six (6) years' service for educational reasons to the Personnel Committee of the School with the following conditions:
(a) A written request must be received no later than August 31 of the year preceding which the Sabbatical Leave ("SL") is being requested (i.e. request before Aug 31, 2017 for SL Sep 1, 2018)
(b) The written request must contain a description outlining the course of study to be undertaken;
(c) The written request must include a description of how this will have a positive impact in the classroom of the teacher requesting the SL;
(d) The written request must include a course outline or letter of certification of the course of study from the institution being attended;
(e) Written proof of successful completion of the course of study must be delivered to the school within thirty days prior to returning from SL from the institution that was attended;
(f) The request must be approved in advance by the Head of School only at his sole discretion;
(g) The teacher and the School would sign a SL agreement outlining these terms and conditions of the SL prior to approval
(h) Only one SL will be permitted per teacher per career at Eitz Chaim;
(i) Only one SL will be approved per school year from the entire Hebrew Teachers staff; and
U) If the terms and conditions of the SL are agreed to and signed in the SL Agreement between the Teacher and the School are not fulfilled, this would be immediate grounds for dismissal; - 11 -
(k) At least one (1) person per year shall be granted such leave if more than one Teacher requests such a leave unless extraordinary circumstances warrant otherwise. If only one Teacher applies for such a leave, then it shall be granted unless extraordinary circumstances warrant otherwise;
(I) Upon returning from such Sabbatical Leave, the Teacher will be credited with all the seniority which the Teacher possessed at the time of taking the Sabbatical Leave. Notification of a request for a Sabbatical Leave under this clause shall be delivered by April 1 of the previous school year. The Teacher shall be contractually obligated to return to school the year following the said leave.
8. 17 The Federation and the School agree in principle to establish a mutually acceptable four/five leave of absence plan with the understanding that:
(a) the Teachers shall put their proposal in writing;
(b) the said proposal is acceptable to Revenue Canada with evidence of same to be provided by the Federation to the School;
(c) only Teachers with permanency may apply for the plan;
(d) a limit established as to how many may take advantage of this program and the program under Section 1 at onetime; and
(e) health benefits would not be provided by the School during the fifth year.
8.18 A joint committee shall be established to recommend a mechanism by which Teachers returning from Pregnancy, Parental and Extended Parental Leave do so in a way which is the least disruptive to the operations of the School.
ARTICLE 9 - SICK LEAVE
9.01 The School shall be responsible for keeping a record of the accumulated credits and deductions therefrom.
9.02 Credits shall be recorded in the sick leave account of a Teacher in such way as to indicate whether they are a full day's salary or a part day's salary. Credits shall be awarded to the nearest hour of credit earned.
9.03 A Teacher's accumulated sick leave credit shall be based on twenty (20) days per year allowable sick leave less the actual amount of sick leave taken.
9.04 At the commencement of each School Year, there shall be credited to each full time Teacher's sick leave account, two (2) days per month cumulative for the - 12 -
months of the School Year, or twenty (20) credits. Ten (10) of those twenty (20) sick days at the beginning of each years can be used interchangeably as sick days or personal days or "Simcha" days. Up to fifteen (15) unused sick days may be banked in the sick day bank on an annual basis, five (5) of the twenty (20) cannot be banked.
No sick/personal days or "Simcha" days may be used either immediately before or after a school break (school break for purposes of this clause to be defined as the Sukkos break, the winter break and the Pesach break) without the Head of School's express consent, and such consent shall not be unreasonably withheld.
In the case of a Teacher commencing work after the commencement of the School Year, the number of credits granted to that Teacher's sick leave account shall be in proportion to the remaining working time for the balance of the School Year, rounded out to the nearest hour credit.
9.05 Should a Teacher commence a leave of absence during the School Year during which benefits do not accumulate, then an appropriate adjustment shall be made to the Teacher's sick leave account.
9.06 In the case of a Teacher who uses his or her sick leave in full before the end of the term, a salary deduction shall be made for those days taken in excess of the Teacher's entitlement. Should a leave result in a negative balance to the Teacher's credits, a salary deduction will be made.
9.07 A Teacher's absence for illness for a period of over five (5) consecutive working days must be certified by a licensed medical practitioner or, if as a result of dental problems, certified by a licensed dental practitioner.
9.08 A Teacher who has been on sick leave for more than five (5) consecutive working days may be required by the School to submit to an examination by a medical practitioner or a dental practitioner chosen by the Teacher at the expense of Ontario Health Insurance Plan, or the School in the event OHIP does not apply. In the case of recurrent illness, even if each absence by the Teacher is less than five (5) days' duration, the Teacher may be required to submit to an examination by a medical practitioner chosen by the Teacher. In each case, the excess cost of the examination over and above the amount paid by OHIP shall be paid by the School.
9.09 One credit shall be deducted from a Teacher's sick leave account for each day of absence due to illness or dental condition for which the Teacher's salary is paid, and no salary payments shall be made to a Teacher for his or her absence due to illness or dental condition beyond the number of credits in that Teacher's sick leave account, except at the absolute discretion of the School for reasons of a compassionate nature.
9.10 Deductions from and credits to part-time Teachers' accounts shall be pro- rated. - 13 -
9.11 Teachers may accumulate sick leave credits to a maximum of one hundred and fifty (150) days credit. It is agreed that sick leave is to provide for security during illness and accordingly the credits do not represent any other kind of benefit to the Teachers and cannot be cashed-in in any manner at anytime.
ARTICLE 10 - HEALTH AND WELFARE
10.01 The School shall contribute an amount equal to 3 % per cent of the Teacher's salary for any or all of the following insured benefits actually purchased by the Teacher:
(a) life insurance;
(b) extended medical insurance;
(c) long-term disability insurance;
(d) dental insurance;
(e) accidental death or dismemberment.
In the event the Teacher does not have such insurance in effect, the liability of the School to make the payments set forth in this paragraph shall cease. All eligible Teachers shall participate in the above plans. All monies shall be forwarded by the School monthly to the insurer designated by the Federation. In the event the Federation requires the School to make deductions for the Teachers in excess of the Statutory deductions or those specifically provided for in this agreement, the Federation shall supply the School with a duly executed authorization card for such additional deductions.
10.02 All Permanent Teachers employed by the School shall, as a condition of their continued employment with the School, be obliged to participate in the pension plan in effect and administered by the United Jewish Welfare Fund of Metropolitan Toronto, or sign a waiver that they have no claim to any pension benefits from Eitz Chaim Schools which they would receive through the pension plan. If a Teacher signs a waiver, a copy of such waiver will be provided to the Federation.
10.03 The School shall inform all staff members, on or before the date of their hire, as to the existence of this plan and shall describe the process by which teachers enroll in the plan. - 14 -
ARTICLE 11 - GENERAL RIGHTS AND WORKING CONDITIONS
11.01 Each Teacher shall be entitled to five (5) days during the School Year for professional development purposes. Such days will be granted by the Principal, and will not be unreasonably withheld.
11.02 The School may require the Teacher to attend General Staff or Marks Meetings outside of regular school hours. The General Staff or Marks Meetings shall not exceed ten (10) meetings per School Year and each meeting shall not exceed (2) hours each in length. It is agreed that the General Staff or Marks Meetings may be used as a venue for professional development workshops, invited speaker presentations, seminars or video presentations. In the event that any of the General Staff or Marks Meetings exceed two (2) hours in length or the number of meetings exceed the said ten (10) meeting quota, the attending Teachers shall be entitled to be paid their normal hourly rate to the extent such meetings exceed the number or time allotted.
11.03 The Teacher's file is to be open to inspection by the Teacher. The Teacher must give the School a reasonable period with written notice, no less than two (2) school days, in order to access the Teacher's file. Any evaluations or reports made by the Koschitzky Center for Jewish Education or by the School to be included in the Teacher's file are to have copies supplied to the Teacher. The teacher may make a copy of any document in the Teacher's file.
11.04 Teachers required by the School to travel between campuses of the School, shall be reimbursed at forty cents per kilometre of distance between the two (2) campuses.
11.05 Upon written request, the School agrees to provide a letter to Revenue Canada confirming that the Teacher is required to travel between the said branches.
11.06 Teachers will not be required to teach combined classes without their consent. Should the Teacher consent to teaching a combined class, the Teacher will be paid, in addition to his regular salary, the rate paid to a Teacher who acts as a substitute Teacher in the School.
11.07 As the parties agree that the safety and security of the students is of paramount importance, the School shall have absolute and unfettered discretion in establishing policy in matters of security. Failure to adhere to such policies shall be cause for discipline including dismissal for cause.
ARTICLE 12 - SCHOOL'S RIGHTS
12.01 The Federation recognizes and acknowledges that the management and direction of the School's activities are vested exclusively with the School and its representatives. Without limiting the foregoing it is the function of the school to: - 15 -
(a) maintain order, discipline and efficiency and in connection therewith make, alter and enforce from time to time reasonable rules, regulations, policies and practices. The exercise of the School's right to discipline and discharge Teachers shall be subject to this agreement;
(b) select, hire, train, assign, re-assign, transfer, evaluate, classify, promote, demote or retire (at retirement age) employees;
(c) establish, modify or eliminate job functions, job content, teaching assignments and hours and job descriptions other than modifications or changes during the School Year which alter the basic character of the Teacher's bargaining unit;
(d) determine the services and courses to be provided and to alter, eliminate, establish or change services, courses and objectives;
(e) determine the size and location of its schools and offices;
(f) effect changes in methods, operations, organization, facilities, systems and equipment;
(g) determine the schedule of hours of the school and the Teachers and to assign hours of work to employees within each schedule.
12.02 The rights of the School set out in Article 12.01 are subject to the specific provisions of this agreement.
ARTICLE 13 • SALARY, HOURS, CLASSIFICATION
13.01 Salary Increases shall be as follows:
• Year 1 (2017/18) one percent (1 %) grid increase;
• Year 2 (2018/19) one and one-quarter percent (1.25%) grid increase;
• Year 3 (2019/20) one and one-half percent (1.5%) grid increase;
• Year 4 (2020/21) two percent (2%) grid increase.
The inner grid (steps on the grid) will be frozen, meaning there will be no step for those teachers not yet at the maximum of their category in years 2 and 3 (2018/19 and 2019/20). Teachers at the maximum of the category are not affected by this freeze. In September of 2020, (year 4 or 2020/21) steps will begin again from the point that they were left off at the end of August 2018. This does not preclude moving up a category if a teacher successfully completes courses that would increase their category. Proper collective agreement procedures would have to be followed to achieve a category increase. - 16 -
13.02 The term "Salary Scale" shall mean the salary scale referred to in Article 13.01, above which is in effect and operative during the applicable period. Payments will be retroactive to September 1, 2017. All salary increases are cumulative. Any retroactive payment will only be made to members actively employed by the School at the time of distribution.
13.03 A full-time position shall consist of thirty (30) hours of teaching plus assignable duties per week, such assignable duties to be equitably divided. In addition to teaching duties, Teachers shall be required to:
(a) be in his or her classroom or generally available fifteen (15) minutes before the start of his or her first class;
(b) remain in his or her classroom until the last student is dismissed and to follow the procedure for classroom closing;
(c) attend such other meetings as are reasonably required by the School subject to the provisions of Article 11.02; and
(d) perform general duties assignable by the Principal including home-room assignments, yard duties, recess supervision, bus supervision and lunch period supervision. The Principal shall endeavour to assign such duties equitably. A Teacher that performs such duties described in this subparagraph (d) in excess of 45 minutes per week ("Additional Duties"), shall be compensated for such Additional Duties at a rate representing 75% of the Teachers hourly salary calculated pursuant to the Salary Scale in effect for the year in which the Additional Duties are performed.
13.04 Classification of new Teachers shall be determined solely by the Board of Licence and Review of the Board of Jewish Education, or its successor, in accordance with the regulations governing evaluation of all Hebrew Studies Teachers (dated July 14, 1982). Every Teacher shall be required to provide the Principal and the Board of Jewish Education, or its successor, with documented proof (Diplomas, Transcripts, Certificates, Licences and materials relevant) of his or her formal education and total teaching experience. In the event of any dispute as to the Teacher's classification, the dispute shall be referred to the Board of Licence and Review of the Board of Jewish Education, or its successor.
For the sake of clarity, the successor of the Board of Jewish Education shall be determined by agreement of the School and the Federation.
13.05 Application may be made by a Teacher for a revision of his or her classification upon the Teacher producing new material not previously considered, or upon the happening of anything that may affect the Teacher's classification, provided that such revisions is sought within twelve (12) months of the hiring of the Teacher or within twelve (12) months of the release of the regulations - 17 -
of the Board of Licence and Review governing evaluation of all Hebrew Studies Teachers dated July 14, 1982, whichever is later. Where proper documentation is presented, resulting in the successful review of a Teacher's classification, an adjustment in salary shall begin as of September 1, which submission will be no later than November 15 of any year, provided the course or courses is in a discipline which will contribute to the Teacher's professional development within the parameters of the School curriculum, and provided that the Teacher consult with the School no later than April 30 of the previous School Year, and the course must be successfully completed no later than August 31 of that year. Submissions after November 15 will not be effective until September 1st of the following year.
13.06 The School hereby extends the existing categories and recognizes all categories as defined by the Board of Licence and Review of the Board of Jewish Education, or its successor.
13.07 The Teachers shall be provided with a breakdown of the yearly salary so that salary and duty pay etc. are clearly defined. Such information will be provided to the Teachers by November 1, of that school year.
13.08 The parties acknowledge that the Salary Scale includes a 3% increase introduced in September 1989 (and fully implemented in September 1990) in lieu of paid preparation time.
ARTICLE 14 - STRIKES AND LOCKOUTS
14.01 The Federation undertakes and agrees that neither it nor any of the Teachers shall take part in, authorize, encourage, condone, support or threaten a strike during the period of operation of this agreement and the School undertakes and agrees that it will not engage in a lockout of the Teachers during the aforesaid period. The terms "strike" and "lockout" as used herein shall be defined as in the Ontario Labour Relations Act.
ARTICLE 15 -TERMINATION OF AGREEMENT
15.01 This Agreement shall become effective on the 1st day of September, 2017 and shall continue in effect until the 31st day of August, 2021.
15.02 This Agreement shall be read with any changes of gender and/or number as may be required. This Agreement supersedes any and all terms of earlier contracts or Codes of Practice except where provisions of such earlier agreements have been specifically incorporated. - 18 -
ARTICLE 16 - ESTABLISHMENT OF LIAISON/REVIEW COMMITTEE
16.01 A liaison/review committee will be established comprised of up to three (3) representatives representing Eitz Chaim Schools and up to three (3) Teachers and each such party shall designate which representative shall be such party's co-chair of the liaison/review committee. The committee shall examine the current program and organization of the three campuses, the existing duty and assignments at each campus, the program needs of students, Teachers and any other aspect of the School that, by mutual agreement of the co-chairs, bears on the matter of duty and assignments and relating to the good and orderly operation of the School. The committee shall have its first meeting within thirty (30) days of ratification of this agreement and the committee shall meet thereafter at times determined by the committee.
ARTICLE 17 • RETIREMENT GRATUITY
17.01
Teachers who have taught at the School for a minimum of 18 years are eligible to receive a retirement gratuity payment when they cease employment at the School for any reason other than discharge for just cause or negotiated settlement. For the purposes of this Article 17.01, any agreement that is concluded pursuant to Article 18 does not constitute a negotiated settlement.
II In order to be eligible to receive the gratuity payment, the Teacher must provide written notice (the "Notice") of his or her intention to retire/leave the employ of the School. Such Notice must be provided to the School by email or by hand delivery to the Teacher's Principal, or to the Principal's designate.
17.02
In order to receive the full value of the gratuity, Notice must be provided to the School by August 31st preceding the School Year at the end of which the Teacher intends to retire. For greater certainty, this would mean one year of written notice in order to receive the Retirement Gratuity.
II If the Teacher does not provide the Notice by August 31st as outlined above, the retirement gratuity payment shall be delayed for one year. The School reserves the exclusive and absolute right to waive or shorten the delay period.
17.03
The retirement gratuity payment will be payable over a maximum of nine (9) installments commencing with the first pay period after the Teacher leaves the employ of the School. The Retirement Gratuity payments will commence the September 1st after the year has elapsed from the request the previous August - 19 -
31st even when a Teacher has agreed to an Article 18 new employment contract. These installments will follow the School's payroll cycle.
17.04 The retirement gratuity shall be calculated as follows :
Three (3) days per academic year, up to a maximum of 96 days.
For purposes of this Article, a day shall be calculated as follows: The teacher's average teaching salary over the Teacher's last five full academic years taught, divided by the average number of days the Teacher was scheduled to be at work in those years. This calculation will take into account only teaching salary, as opposed to duty salary.
ARTICLE 18 - PROTOCOL FOR RETIRING AND POTENTIAL REHIRING
18.01 Despite any provision to the contrary contained in this Agreement, in order to implement Amendment No. 3 to the Pension Plan for Employees of Hebrew Day Schools (the "Plan"), dated September 28, 2010, the parties agree to the following protocols for Teachers who choose to retire and wish to be re-hired as contemplated by the Plan.
(a) A Teacher considering such an arrangement may, on or prior to March 15 of any given year, notify the School in writing of such intention to retire, and the date of intended retirement, in which case the School shall be entitled, in its sole and unfettered discretion, to decide whether to re-hire such Teacher, and shall on or prior to April 15 advise the Teacher in writing whether the School is prepared to re-hire that Teacher and on what basis, so that the Teacher may decide whether or not to proceed with his or her retirement plans;
(b) Any retirement gratuity that may be payable to the Teacher pursuant to Article 17 upon his or her retirement, shall be paid in the ordinary course upon the Teacher taking retirement, and a Teacher who is re-hired pursuant to this provision shall not be entitled to accrue any further retirement gratuity nor receive any payment for same;
(c) Such a Teacher may be hired for any period in the School's sole and unfettered discretion. After the first agreement, the arrangement may be repeated in subsequent years through the same process as describe above, with appropriate modifications;
(d) The rehired Teacher shall maintain their sick leave bank previously accrued, and shall be entitled to the annual allotment of sick leave days as provided for in Article 9, and may bank any unused sick leave credits from year to year (up to the maximum allowable credits under Article 9.11) however, the Teacher shall accrue no seniority; - 20 -
(e) The School shall execute any required documents for the Plan necessary to facititate these arrangements, and shall make any and all contributions and take any and all deductions for employee contributions as and when required by the Plan;
(f) The School shall remit union dues in respect of all teachers covered by this article, in accordance with Article 3;
(g) The parties agree to negotiate further modifications to these protocols as required; and
{h) The Union wHI be advised of any such contracts for its records only.
IN WITNESS WHEREOF each of the parties hereto has caused this Agreement to be signed by is duly authorized representative this J ,l,{ day of ,A,-({+ V ,2018
THE EITZ CHAIM SCHOOLS ) THE FEDERATION OF TEACHERS IN ) HEBREW SCHO.?JS V Per: ) ) ) p~ v/~zj ) {I have the authorW,to bind the school) ) (I have the authority t~ bind the Federation) Name: I/ iriv/f ) l.._'./oty.5 ) Name: x{.,i/1 tll/- fl!)t.9"1"310()./ Title: ;jt?<5 07). -rfo).J:::> C HA-J ) Title /J~ ~ .:5 I P a:, v I /J ~ ,/ ~~C!J ~ ( a,.- '/J-/{b {I have the authority to bind the school) ,A I.I ) Name: P:..A-13.B( :5 HLof'ID 5Ct/J.Lrrlt{ Z 1 Title tfelt"p !JP ~frt?'bL ) - 21 -
LETTER OF UNDERSTANDING
BETWEEN:
THE EITZ CHAIM SCHOOLS
(the "School")
- and -
THE FEDERATION OF TEACHERS IN HEBREW SCHOOLS
(the "Federation")
Re: Removal of 13.07 • Matching Salary Increases with Association of Hebrew School Educators
The Parties agree to delete Article 13.07 on the sole basis that the School will be able to delete the corresponding clause in the General Studies Collective Bargaining Agreement. Should the School be unsuccessful in deleting the corresponding clause in its negotiations with the General Studies union, then Article 13.07 shall be reactivated in the Collective Bargaining Agreement between the Parties.
IN WITNESS WHEREOF each of the pa rtie~ ~~ to has caus~d 1/r L~tter of Understanding to be signed by is duly authorized representative this l_!.; day of I/( 1 , 2018.
THE EITZ CHAIM SCHOOLS ) THE FEDERATION OF TEACHERS IN ) HEBREW SCH007' Per: ) ~ l Per ~ V /•2) {I have the authority_ to bind the school) ) (I haveA authority to )?ind the Federa,ti7n) Name: li-otuA-JCD J....1/a,;-)5 ) Name: v I tiff ~c;L-D;U:5t
;t,,·f. -SJ!;:"_ L.~Co Jut 76 tc Al/ON Jf. /'f,t:SL.- in-n tlL' - 22 -
Appendix "A"
2017/18 YEAR ONE SALARY SCALE
Step CAT1 CAT2 CAT3 CAT4 CATS CAT6 CAT7 0 $1,053.00 $1,138.16 $1,190.53 $1,479.81 $1,551.03 $1,707.60 $1,778.68 1 $1,158.12 $1,238.25 $1,316.40 $1,601.77 $1,661.89 $1,837.03 $1,918.32 2 $1,263.20 $1,337.87 $1,422.82 $1,693.41 $1,772.87 $1,966.56 $2,049.13 3 $1,368.50 $1,438.34 $1,529.65 $1,800.01 $1,883.97 $2,095.98 $2, 195.60 4 $1,473.63 $1,538.39 $1,636.04 $1,906.73 $1,994.73 $2,225.42 $2,336.51 5 $1,578.87 $1,638.36 $1,743.21 $2,013.36 $2,106.14 $2,343.80 $2,475.97 6 $1,684.21 $1,738.59 $1,849.97 $2,120.16 $2,217.12 $2,484.01 $2,615.34 7 $1,789.05 $1,837.83 $1,956.66 $2,228.38 $2,327.87 $2,613.73 $2,754.87 8 $0.00 $1,938.52 $2,063.54 $2,333.66 $2,439.04 $2,743.23 $2,894.16 9 $0.00 $2,045.32 $2,170.23 $2,440.35 $2,549.98 $2,913.71 $3,033.81 10 $0.00 $0.00 $2,276.72 $2,547.10 $2,660.85 $3,002.59 $3, 173.27 - 23 -
Appendix "B"
2018/19 YEAR TWO SALARY SCALE
Step CAT1 CAT2 CAT3 CAT4 CATS CAT6 CAT7 0 $1,066.16 $1, 152.39 $1,205.41 $1,498.31 $1,570.41 $1,728.94 $1,800.91 1 $1, 172.59 $1,253.73 $1,332.86 $1,621.79 $1,682.67 $1,859.99 $1,942.30 2 $1,278.99 $1,354.59 $1,440.60 $1,714.57 $1,795.03 $1,991.14 $2,074.74 3 $1,385.61 $1,456.32 $1,548.77 $1,822.51 $1,907.52 $2,122.18 $2,223.04 4 $1,492.05 $1,557.62 $1,656.49 $1,930.56 $2,019.66 $2,253.24 $2,365.72 5 $1,598.61 $1,658.84 $1,765.00 $2,038.53 $2,132.47 $2,373.09 $2,506.92 6 $1,705.26 $1,760.33 $1,873.09 $2,146.66 $2,244.84 $2,515.06 $2,648.04 7 $1,811.42 $1,860.80 $1,981.12 $2,256.24 $2,356.97 $2,646.40 $2,789.30 8 $0.00 $1,962.75 $2,089.34 $2,362.83 $2,469.53 $2,777.52 $2,930.33 9 $0.00 $2,070.89 $2, 197.36 $2,470.86 $2,581.85 $2,950.13 $3,071.73 10 $0.00 $0.00 $2,305.18 $2,578.94 $2,694.11 $3,040.12 $3,212.93 - 24 -
Appendix "C"
2019/20 YEAR THREE SALARY SCALE
Step CAT1 CAT2 CAT3 CAT4 CATS CAT6 CAT7 0 $1,082.15 $1, 169.67 $1,223.49 $1,520.78 $1,593.97 $1,754.88 $1,827.93 1 $1,190.18 $1,272.53 $1,352.85 $1 ,646.12 $1,707.91 $1,887.89 $1,971.44 2 $1,298.17 $1,374.91 $1,462.21 $1,740.29 $1,821.96 $2,021.01 $2, 105.86 3 $1,406.39 $1,478.17 $1,572.00 $1 ,849.85 $1,936.14 $2, 154.01 $2,256.39 4 $1,514.43 $1,580.99 $1,681.34 $1 ,959.52 $2,049.96 $2,287.04 $2,401.21 5 $1,622.59 $1,683.72 $1,791.47 $2,069.11 $2, 164.46 $2,408.69 $2,544.53 6 $1,730.84 $1,786.73 $1,901.19 $2,178.86 $2,278.51 $2,552.79 $2,687.76 7 $1,838.59 $1,888.71 $2,010.84 $2,290.08 $2,392.32 $2,686.10 $2,831.14 8 $0.00 $1,992.20 $2, 120.68 $2,398.27 $2,506.57 $2,819.18 $2,974.29 9 $0.00 $2,101 .95 $2,230.32 $2,507.92 $2,620.58 $2,994.38 $3, 117.81 10 $0.00 $0.00 $2,339.76 $2,617.62 $2,734.52 $3,085.72 $3,261.13 - 25 -
Appendix "D"
2020/21 YEAR FOUR SALARY SCALE
Step CAT1 CAT2 CAT3 CAT4 CATS CATS CAT7 0 $1, 103.79 $1,193.07 $1,247.96 $1,551.20 $1,625.85 $1,789.97 $1,864.49 1 $1,213.99 $1,297.98 $1,379.91 $1,679.04 $1,742.07 $1,925.65 $2,010.87 2 $1,324.14 $1,402.41 $1,491.46 $1,775.10 $1,858.40 $2,061.43 $2, 147.98 3 $1,434.52 $1,507.73 $1,603.44 $1,886.85 $1,974.86 $2,197.10 $2,301.52 4 $1,544.72 $1,612.61 $1,714.96 $1,998.71 $2,090.96 $2,332.78 $2,449.23 5 $1,655.04 $1,717.40 $1,827.30 $2, 110.49 $2,207.75 $2,456.86 $2,595.42 6 $1,765.45 $1,822.47 $1,939.21 $2,222.44 $2,324.08 $2,603.85 $2,741.51 7 $1,875.36 $1,926.49 $2,051.05 $2,335.88 $2,440.17 $2,739.82 $2,887.76 8 $0.00 $2,032.04 $2,163.09 $2,446.23 $2,556.70 $2,875.57 $3,033.77 9 $0.00 $2,143.99 $2,274.92 $2,558.08 $2,672.99 $3,054.27 $3,180.16 10 $0.00 $0.00 $2,386.55 $2,669.97 $2,789.21 $3,147.44 $3,326.35