MoU-Me Too Clause and Update

 

Dear OECTA Member:

 In April, the Ontario Secondary School Teachers’ Federation (OSSTF) negotiated a Memorandum of Understanding (MoU) with the provincial government. Their agreement contained a number of provisions that could be considered as enhancements to the OECTA MoU.

 After discussions with the government over the applicability of the ‘me-too’ clause, agreement has been reached, which will see updates made to the OECTA MoU in the following areas:

 • Number of Unpaid days for 2013-14

• Sick leave and short-term leave and disability plan (STLDP)

• Attendance recognition program

• Non-vested retirement gratuities

• Maternity benefits

Details of these provisions are outlined below.

In the case of maternity benefits and STLDP, local units will have a choice as to whether they want to accept the new provision or retain the existing provision. In these instances, units will make individual decisions based upon what provides an enhancement over their current local collective agreement and/or what will provide the most benefit to their members.

If you have questions or require further information, please contact your local bargaining unit president.

Sincerely,

Kevin O’Dwyer

President

 

UNPAID DAYS AND OFFSETTING MEASURES

Reduction in Unpaid Days

 The number of unpaid days required of members has been reduced from three (3) to two (2) with a possibility of further reduction.

 • October 11, 2013 is now a paid PD day – members will report to work on this day;

• December 20, 2013 is an unpaid PD day – members will not report to work on this day;

• March 7, 2014 remains an unpaid PD day at this time, however, the potential exists for it to become a paid PD day, if sufficient cost savings are generated.

 Each bargaining unit, working with their school board, must generate savings at least equal to the value of one day’s pay across the bargaining unit, in order to have March 7, 2014, become a paid PD day for members.

 Cost savings can be generated through a structured implementation of the following four measures:

 • Efficiencies from the delivery of PD on October 11, 2013;

• a voluntary unpaid leave of absence program;

• other measures mutually agreed to by the unit and board; and

• the possible implementation of an early retirement incentive program by the school board.

 Savings Generation

 Here is how the process for generating savings will work for each unit/board:

 1. Efficiencies have been identified in the delivery of PD on October 11, 2013. These efficiencies are expected to generate 16% of the cost of an unpaid day.

 2. A voluntary leave of absence program (VLAP) will be established. Savings generated from the leaves taken by full-time members will be added to any savings gained from the more efficient delivery of PD in October. See below for details on the VLAP.

 3. Units and boards may identify, and mutually agree to, any other cost saving measures. The savings from any additional local initiatives would be added to those generated in measures #1 and #2.

 4. By November 30, 2013 – if savings are on target, then March 7, 2013 will become a paid PD day. If savings are not on target, the implementation of an early retirement incentive program (ERIP) will be considered by the school board to generate the additional savings required. See below for details on the ERIP.

Scenario A – school board implements ERIP

• If sufficient savings are reached, March 7, 2014 will become a paid PD day

• If sufficient savings are NOT reached, March 7, 2014 remains an unpaid day

Scenario B- school board chooses not to implement ERIP

• If sufficient savings are reached, March 7, 2014 becomes a paid PD day

• If sufficient savings are NOT reached, March 7, 2014 will still become a paid PD day, and the school board will be required to cover the differential

Calculation of Savings Generated

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.

Voluntary Unpaid Leave of Absence Program (VLAP)

Starting May 1, 2013, full-time members may apply for up to five (5) unpaid leave of absence days for personal reasons in each year of the collective agreement. Requests shall not be denied provided there is sufficient staff to cover employee absences and subject to reasonable system and school requirements. Additionally, unpaid leave days should not include the first week following the start of each semester, the week prior to the start of exams, and the exam period.

Requests for VLAP days that are made in writing by May 31, 2013 are eligible to have the salary deduction for those days equalized over the pay periods throughout the 2013-14 school year. Requests for VLAP days may be made after May 31, 2013, but deductions will occur off the corresponding pay cheque only.

Requests for VLAP days will be honoured regardless of the amount of savings generated by the program. In other words, members may choose to take additional unpaid days, and their mandated unpaid days may not be reduced further.

Early Retirement Incentive Program (ERIP)

The ERIP shall be in the form of a $5,000 payment to any teacher who retires between the end of November 2013, and the last day of semester 1, 2013-14 for secondary schools. Members will need to consult their school board calendar to determine the exact date when their second semester ends.

Boards are required to give notice of their implementation of an ERIP no later than November 30, 2013.

Any requirements for notification periods for retirement or specific retirement dates shall be waived in the 2013-14 school year. A minimum two-week retirement notice period shall be provided to boards between November 30, 2013 and the last day of semester 1, 2013-14.

It is critical that members understand that the ERIP is NOT guaranteed. Therefore, making changes to your retirement plans should not be based on the assumption that your school board will agree to offer an ERIP.  

SICK LEAVE & SHORT-TERM DISABILITY LEAVE PLAN (STLDP)

Short-Term Disability Leave Plan (STDLP)

Local bargaining units will determine which of the following two options provides the greatest benefit to their members.

Option A – current plan

• 11 days paid at 100% of salary;

• 120 days of STDLP paid at 90% or 66.67% of salary;

• Adjudication provided by an independent third party for eligibility to increase from 66.67% to 90%.

OR

Option B – new plan

• 11 days paid at 100% of salary;

• 120 days of STDLP paid at 90% of salary or 0%;

• Adjudication by school board based on processes in place as of August 31, 2012

• Pro-rating for members working part-time.

Local bargaining units must notify their school board prior to June 1, 2013 of the plan they prefer. If selecting option B, the new plan will come into effect September 1, 2013. The unit’s choice will be irrevocable for the 2013-14 school year but is subject to negotiations for the 2014-15.

Sick Leave for Members in Long-Term Occasional Assignments (LTOs)

Members who are employed in long-term occasional assignments are eligible for the following sick leave credits each school year:

• eleven (11) days paid at 100% of salary;

• up to sixty (60) days under STDLP paid at 90% of salary

For members in LTO assignments for less than a full year (10 months), the STDLP days will be pro-rated based on the length of the assignment. They will receive the equivalent of six (6) STLDP days per month of their assignment, which will be allocated at the start of their assignment. For example, a member who works in an LTO assignment for six months would receive 36 STLDP days paid at 90% of salary.

Top-up of Sick Leave from Unused Compassionate Days

Under the OECTA MoU, and subject to overriding provisions in local collective agreements, members are able to take up to five days for reasons other than illness without loss of salary or deduction from their sick leave.

Members are also able to carry over any unused sick leave days from their annual eleven (11) day allocation for the purpose of topping up to 100% of salary any days that are being paid at 90% of salary. One day carried forward as credit can top-up to 100% of salary ten days being paid at 90% of salary.

As per the agreement negotiated by OSSTF, members can request their board to consider allowing them to use up to two (2) unused days (from the five mentioned above) to top-up to 100% of salary, any sick leave days being paid at 90% of salary, for compassionate reasons. The member must have no sick leave credits from the previous year to use for topping-up purposes in order for this request to be made.

This provision is accessible by all members regardless of which STLDP option their unit chooses. Additionally, this provision is at the discretion of the board to consider. As such, there is no guarantee it will be granted to members.

ATTENDANCE RECOGNITION – NEW

A member in a permanent regular day school assignment, who uses less than six (6) full sick leave credits, in the 2013-14 school year, will receive a payment equivalent to their daily rate for one day.

In other words, using less than six (6) sick days next school year (2013-14) will result in a one-time additional day’s pay.

For members working in LTO assignments to be eligible, there is an additional requirement that the member must take a voluntary unpaid leave of absence (VLAP) day during the 2013-14 school year.

The attendance recognition payment shall be made at the earliest opportunity following June 30, 2014.

NON-VESTED RETIREMENT GRATUITY

Payout of Non-Vested Sick Days

The formula to calculate the payout of non-vested sick days for members whose board had a retirement gratuity program and had banked sick days, but were not eligible for a retirement gratuity as of August 31, 2012 – has been improved. The payout will now be based on the following revised formula:

(X/30) x (Y/200) x (Z/4)

X = number of years of service as of August 31,2012

Y = number of sick days accumulated as of August 31, 2012 or 200 – whichever is less

Z = salary as of August 31, 2012

Example:

9yrs x 80 x 85,000 = $2,550.00

30      200    4

or 0.3 x 0.4 x 21,250 = $2,550.00

The revised formula improves the payout for eligible members. The Gratuity Wind-Up Payment shall be paid to each eligible teacher by the end of this school year.

MATERNITY BENEFIT

Local bargaining units will determine which of the following two options provides the greatest benefit to their members.

 a. Employees on pregnancy leave shall receive 100% of salary guaranteed for a total of not less than eight (8) weeks immediately following the birth of her child, with no deduction from sick leave or the Short Term Leave Disability Program (STLDP).

 If any part of the eight (8) weeks falls during a period of time that is not paid (i.e., summer, March break) the remainder of the eight (8) weeks shall be payable after that time period, subject to collective agreement or past practice.

 OR

 b. Employees on pregnancy leave shall receive 100% of salary guaranteed for a total of not less six (6) weeks, plus meshing with any superior entitlements to maternity benefits contained in the 2008-2012 collective agreement.

 For example, a unit with a 2008-2012 collective agreement that includes 17 weeks at 90% of pay would choose the latter option, resulting in six (6) weeks at 100% of salary and an additional 11 weeks at 90% of salary.

 If any part of the six (6) plus weeks plus falls during a period of time that is not paid (i.e., summer, March break) the remainder of the six (6) plus weeks shall be payable after that time period, subject to collective agreement or past practice.

 

To summarize, local units will make determinations regarding the application of the following two items, for the remaining term of the 2012-2014 collective agreement:

• Short-term leave disability plan (STLDP)

• Maternity benefit plan

All other items will be incorporated into OECTA’s MoU and local collective agreements.

If you have any questions about the latest enhancements to the MoU, speak to your local bargaining unit president.

 

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