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Understanding Your Contract

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Presentation on theme: "Understanding Your Contract"— Presentation transcript:

1 Understanding Your Contract
An Introductory Presentation 01/04/2017 TSU-OECTA ANNUAL STAFF REPS IN- SERVICE 10/09 TSU-OECTA ANNUAL STAFF REPS IN-SERVICE, OCTOBER 18-19, 2009

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Teacher Rights Statutory – established by law in Ontario Contractual – negotiated between the union (employees) and the school board (employer) 01/04/2017 TSU-OECTA ANNUAL STAFF REPS IN- SERVICE 10/09

3 Statutory Rights in Ontario
Education Act Employment Standards Act Occupational Health and Safety Act Workplace Safety and Insurance Act (WSIB) Ontario Human Rights Code Ministry of Labour Act 01/04/2017 TSU-OECTA ANNUAL STAFF REPS IN- SERVICE 10/09

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Role of the Union Why do we need a union to establish additional contractual rights? 01/04/2017 TSU-OECTA ANNUAL STAFF REPS IN- SERVICE 10/09

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Contractual Rights A contract negotiated in good faith between an employer and its employees seeks to allow ALL employees the benefit of being treated in a fair and equitable way, ensuring a transparent and consistent process 01/04/2017 TSU-OECTA ANNUAL STAFF REPS IN- SERVICE 10/09

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Contractual Rights This agreement frames the relationship as agreed to by the employer and the employees. It is the responsibility of management as much as employees. 01/04/2017 TSU-OECTA ANNUAL STAFF REPS IN- SERVICE 10/09

7 The Collective Agreement
A team-based approach to enhancing the working conditions and benefits of teacher members in a union Based on what is best for the collective, or the greater good of all teachers working for a school board 01/04/2017 TSU-OECTA ANNUAL STAFF REPS IN- SERVICE 10/09

8 Examples of Contractually Negotiated Rights
Teacher Workload Positions of Responsibility Work Related Experience Teachers’ Salary Scale Annual Allowances Sick Leave Gratuity/Leaves of Absence Deferred Salary Plan Benefits 01/04/2017 TSU-OECTA ANNUAL STAFF REPS IN- SERVICE 10/09

9 Non-Unionized Schools
Do not always guarantee a permanent contract or job security Do not always guarantee a pay scale that increases with each additional year of experience Do not usually include a benefits package Do not usually provide a formal procedure for liaising with your employer and engaging in collaborate decision-making on issues such as health and safety, safe schools and professional development Do not offer you legal representation should you need it 01/04/2017 TSU-OECTA ANNUAL STAFF REPS IN- SERVICE 10/09

10 What Do Teacher Unions Do?
Represent teachers who feel that the contract has not been upheld fairly and negotiate a fair settlement with the school board Provide PD to teachers on issues of concern Lobby the provincial government on behalf of teachers and the school board in order that funding and resources be properly allocated Monitor health and safety issues in schools Liaise with the board in creating safe schools and other relevant protocols Provide a collective professional voice for issues in education 01/04/2017 TSU-OECTA ANNUAL STAFF REPS IN- SERVICE 10/09

11 Common Elements in a Teacher Contract
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Salary Placement Determined in two main ways: category placement (determined by QECO (Qualifications Evaluation Council of Ontario) years of experience (determined by either the number of years you have been teaching OR related years of experience) 01/04/2017 TSU-OECTA ANNUAL STAFF REPS IN- SERVICE 10/09

13 QUALIFICATIONS EVALUATION COUNCIL OF ONTARIO (QECO)
The QECO program of evaluation for salary purposes is unique since it is negotiated by teachers and their boards for inclusion in local collective agreements. Teachers are evaluated and given a Statement of Evaluation which is then accepted by their board for salary category placement purposes. The salaries teachers are paid is a matter which is negotiated between teacher bargaining units and their board. Application forms are available on the QECO website 01/04/2017 TSU-OECTA ANNUAL STAFF REPS IN- SERVICE 10/09

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Category Placement All letters, certificates, statements and documents (i.e. degrees and diplomas) must be submitted first to QECO for evaluation and subsequent category placement A teacher must then submit a Category Upgrade form to their school board’s HR Department in order to qualify for an upgraded category placement 01/04/2017 TSU-OECTA ANNUAL STAFF REPS IN- SERVICE 10/09

15 Upgrading Category Placement
Members are reminded that it is their responsibility to keep QECO apprised of any additions to their qualifications. This must be must be done by formally completing a QECO application. Members are also reminded to apply regularly for upgrading advice that will assist them toward the most expedient route to reach their next QECO salary category. 01/04/2017 TSU-OECTA ANNUAL STAFF REPS IN- SERVICE 10/09

16 Related Years of Experience
Previous years spent working in other career fields can count towards your related years of experience This can increase the initial step at which you are considered on the Teacher Salary Scale Duties and responsibilities must connect with specific curriculum expectations within your established teachables Uncertified teaching experience cannot be used Consider obtaining certification in an AQ – for example, the additional Qualification course Cooperative Education, Part 1 connects to many different career fields 01/04/2017 TSU-OECTA ANNUAL STAFF REPS IN- SERVICE 10/09 TSU-OECTA ANNUAL STAFF REPS IN-SERVICE, OCTOBER 18-19, 2009

17 Applying for Related Years of Experience
Work experience must be documented and verifiable (former pay stubs, tax receipts, etc.) Its important to evaluate whether or not your past career links in terms of curriculum expectations to your teachables before applying Duties/Responsibilities in your past position need to correspond with curriculum expectations of your currently held teachables (i.e. English, Math, Science, Geography, History, etc.) 01/04/2017 TSU-OECTA ANNUAL STAFF REPS IN- SERVICE 10/09

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Scenarios Example 1 A former Airline Attendant working 10 months or more a year full-time for a total of 4 years is able to link her duties/responsibilities with English courses that focus on presentation, communication and report writing skills Result: 4 full years of related experience granted Example 2 A former civil engineer with 10 years of part-time experience (contracted work) is unable to directly link his engineering duties/responsibilities with Business courses he is qualified to teach He enrolls in Cooperative Education, Part 1 Result: 6 full years of related experience granted 01/04/2017 TSU-OECTA ANNUAL STAFF REPS IN- SERVICE 10/09

19 TEACHER SALARY SCALE Effective September 2009
STEP CAT. A0 CAT. A1 CAT. A2 CAT. A3 CAT.A4 $39, 477 $42, 910 $44, 876 $49, 466 $51, 430 1 $42, 105 $45, 766 $47, 853 $52, 936 $55, 210 5 $52, 611 $57, 185 $59, 756 $66, 816 $70, 340 8 $60, 487 $65, 748 $68, 683 $77, 224 $81, 682 10 $65, 740 $71, 457 $74, 632 $84, 161 $89, 247 01/04/2017 TSU-OECTA ANNUAL STAFF REPS IN- SERVICE 10/09 TSU-OECTA ANNUAL STAFF REPS IN-SERVICE, OCTOBER 18-19, 2009

20 Positions of Responsibility
Applications for positions of responsibility (Department Head, Curriculum/Program Leader Student Success teacher, etc.) require approximately 5 years teaching experience and related qualifications (i.e. Honours Specialist) 1 year probationary period A teacher holding a Position of Responsibility shall not evaluate other teachers 01/04/2017 TSU-OECTA ANNUAL STAFF REPS IN- SERVICE 10/09

21 Annual Allowances, Part 1
POSITION ANNUAL ALLOWANCE Major Department Head, Programming & Assessment, Resource Teacher $4, Curriculum/Program Leader, Minor Department Head $2, 01/04/2017 TSU-OECTA ANNUAL STAFF REPS IN- SERVICE 10/09

22 Annual Allowances, Part 2
Special Education and ESL certification Annual Allowance (based on the % of time assigned to such classes) Part I $677.00 Part 2 $1,017.00 Part 3 $1,323.00 01/04/2017 TSU-OECTA ANNUAL STAFF REPS IN- SERVICE 10/09

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Teacher Workload Assignment of teaching load, class size, number of different class preparations, teaching time, supervision duties and other related assignments to be done in a fair and equitable manner. Core assignment of 6 credit courses/year (3 credit courses/semester) in a 4 period school day Teachers are entitled to a 40 minute lunch & 40 minute prep time (no matter what changes may be made in the school schedule) 01/04/2017 TSU-OECTA ANNUAL STAFF REPS IN- SERVICE 10/09

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Benefits Premiums are paid to an Insurance Company so that members may have access to the following types of benefits: Dental care (including restorative & orthodontic) Semi-private and extended hospital health care Registered massage, physiotherapy, chiropractic and naturopathic types of services Prescription drugs ($10.00 average deductible) Vision care ( including eye exams) Orthotics and orthopedic shoes International Travel Insurance Life Insurance Long Term Disability Insurance (LTD) 01/04/2017 TSU-OECTA ANNUAL STAFF REPS IN- SERVICE 10/09 TSU-OECTA ANNUAL STAFF REPS IN-SERVICE, OCTOBER 18-19, 2009

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Sick Leave A full-time teacher’s sick leave account is credited 20 days, at the beginning of each, based on teaching the full school year All unused sick leave is accumulated from year to year If transferring from another school board, the teacher’s unused sick leave credits are transferable Absences of a teacher for reasons of personal illness or immediate family member’s illness for a period of over 5 consecutive working days must be certified by a qualified medical/dental practitioner 01/04/2017 TSU-OECTA ANNUAL STAFF REPS IN- SERVICE 10/09

26 Urgent Personal Business
A teacher may also take time off for urgent personal business that arises out of: Moving Attendance at a family graduation Attendance at a funeral of a family member or close friend Attendance as a participant at a relevant convention or conference (1 or more days as necessary) Attendance as a participant in a music or drama festival, sports finals (provincial, national or international), etc. Sudden illness or accident 01/04/2017 TSU-OECTA ANNUAL STAFF REPS IN- SERVICE 10/09

27 Leave of Absence with Pay
A teacher may be eligible for a leave of absence with pay and without deductions from sick leave credits for the following reasons: Illness or death in the immediate family (5 days) Quarantine, jury duty, or subpoena to any court in which the teacher is not charged Writing of university or similar exams 01/04/2017 TSU-OECTA ANNUAL STAFF REPS IN- SERVICE 10/09

28 Leave of Absence Without Pay
At the discretion of the school board, a teacher may be granted a leave of absence without pay for up to one year at a time A written application for leave is made through the Superintendent at least 2 months before the commencement of the leave A teacher returning from leave shall return to the same school/workplace employed earlier 01/04/2017 TSU-OECTA ANNUAL STAFF REPS IN- SERVICE 10/09

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Deferred Salary Plan Allows you to plan out a paid leave of absence by spreading your salary over extra semesters or years You earn a percentage of your salary in order to travel, spend time with family, focus on your education f/t, etc. Teacher guaranteed same school placement and classroom assignment/workload similar to previous years Examples of options that might be available to you: Work 2/3 semesters (67% pay for 3 semesters/3rd semester off) Work 4/5 years (80% pay for 5 years/5th year off) 01/04/2017 TSU-OECTA ANNUAL STAFF REPS IN- SERVICE 10/09

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Sick Leave Gratuity A school board may pay to each teacher, upon retirement, a gratuity based on the unused portion of a teacher’s sick leave credits accumulated over the years Based on a maximum of 200 days and the number of years of experience you have with a particular school board, you might be eligible to receive up to 50% of your yearly salary when you retire! 01/04/2017 TSU-OECTA ANNUAL STAFF REPS IN- SERVICE 10/09

31 Maternity/Paternity Leave
Statutory pregnancy and parental leaves are granted in accordance with the Employment Standards Act If a pregnancy leave is requested, a letter from a physician is required, indicating approx. date of birth If a parental leave is requested, documentation verifying the date of adoption of date of birth is required 01/04/2017 TSU-OECTA ANNUAL STAFF REPS IN- SERVICE 10/09

32 Pregnancy / Parental Leave Benefits
Continuing participation in benefits plan during a statutory leave (17 weeks) and first extension of leave (35 weeks) A teacher is guaranteed the same school and position upon their return School days spent on a statutory pregnancy/parental leave counts as qualified experience (seniority) 01/04/2017 TSU-OECTA ANNUAL STAFF REPS IN- SERVICE 10/09

33 TSU-OECTA ANNUAL STAFF REPS IN- SERVICE 10/09
About Your Pension Contribution Rates 2009 10.4% on first $46, (YMPE - Years Maximum Pensionable Earnings) 12.0% thereafter 01/04/2017 TSU-OECTA ANNUAL STAFF REPS IN- SERVICE 10/09

34 General information on Pensions
Defined benefit pension plan Once you retire, your benefits are locked-in Improvements can occur through negotiations Additional information is available at (“Know Your Pension: A Background for OECTA Members and Guide for Beginning Teachers”) 01/04/2017 TSU-OECTA ANNUAL STAFF REPS IN- SERVICE 10/09

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Retirement Pensions Unreduced 85 factor OR Age 65 Reduced Earliest at age 50 Option of deferred vs. immediate pension 01/04/2017 TSU-OECTA ANNUAL STAFF REPS IN- SERVICE 10/09

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85 Factor The 85 factor is the threshold value you must reach to avoid a pension reduction through penalty Calculation: Age at retirement + Qualifying years = X Factor i.e. 53 years of age + 32 years of experience = 85 01/04/2017 TSU-OECTA ANNUAL STAFF REPS IN- SERVICE 10/09

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Final Thoughts First Steps When Beginning Your Teaching Career: Get to know your teacher contract (collective agreement) Introduce yourself to your local school union representative Attend union-sponsored socials and PD events Consider joining a TSU Committee 01/04/2017 TSU-OECTA ANNUAL STAFF REPS IN- SERVICE 10/09

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QUESTIONS Obtain your copy of the collective agreement Contact your local school union representative Call the Toronto Secondary Unit (TSU) office at (416) 01/04/2017 TSU-OECTA ANNUAL STAFF REPS IN- SERVICE 10/09 TSU-OECTA ANNUAL STAFF REPS IN-SERVICE, OCTOBER 18-19, 2009


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