Local Collective Agreement and Arrangements between Sir Wilfrid Laurier School Board and Laurier Teachers Union 

By Virtue of Provisions of (R.S.Q. Chapter R-8.2)
Effective July 1, 2018

The Local Agreement

1-0.00 DEFINITIONS

1-1.11 Board

Sir Wilfrid Laurier School Board

1-1.45 Union

Laurier Teachers Union

2-0.00 FIELD OF APPLICATION AND RECOGNITION

2-2.00 RECOGNITION OF LOCAL PARTIES
2-2.01  The board recognizes the union as the only official representative of the teachers covered by its certification and who fall within the field of application of this agreement for the purposes of implementing the provisions of this agreement.

3-0.00 UNION PREROGATIVES

3-1.00 COMMUNICATION AND POSTING OF UNION NOTICES
3-1.01 The board shall recognize the right of the union to post in the school/centre any union document signed by the union representative, and the board shall make available in each school/centre a notice board for the exclusive use of the union for such postings.
3-1.02 The board shall recognize the right of the union to distribute documents and deliver notices to  each teacher, as long as such distribution and delivery does not disrupt the teaching of the class.
3-1.03 The union delegate shall be personally notified of any telephone communication for her/him originating from the union president or her/his representative within one (1) hour of its receipt at the school/centre and any written documentation originating from the union president or her/his representative shall, within the same time frame, be placed in the mailbox designated for the union delegate. Any such communication is deemed to be confidential in nature.
3-1.04

Free of charge to the union, as long as the board maintains an internal courier service, one of the regularly scheduled pick-ups and delivery stops will be the union office, at a rate of twice per week.

3-2.00 USE OF SCHOOL BOARD PREMISES FOR UNION PURPOSES
3-2.01 At the request of the union representative to the principal, teachers may hold, free of charge, union meetings in a room of their school/centre. Such meetings cannot, however, interrupt the continuity of student courses and cannot take place in a room previously scheduled for another activity.
3-2.02  

At the written request of the union representative, for the purpose of holding union meetings and provided that these meetings do not interrupt the continuity of student courses, the board shall, at no charge, provide the union with available and suitable accommodations in one of its buildings, along with any audiovisual equipment (e.g., microphone, projector, screen, etc.) available at the premises.

 

However, the union must give the board forty-eight (48) hours notice for the use of a room in which to hold a General Meeting.

 

The union must make arrangements for leaving the premises and the equipment in good order.

 

3-2.03  

The  board  shall allow  the union delegate  the right to keep and have access to a filing cabinet within the school/centre for the purpose of maintaining union information provided that this does not result in costs to the board.

 

3-3.00 DOCUMENTATION TO BE PROVIDED TO THE UNION
3-3.01

The board shall transmit to the union copies of all regulations, reports, policies, procedures resolutions, directives and communications of a general nature when they are sent to principals that may have an impact on the working conditions of a  teacher or one or more groups of teachers or affect the educational organization of the schools/centres.

3-3.02

The board shall supply the union in advance with the date and agenda of all regular or special meetings of the Executive Committee and the Council of Commissioners. It shall also supply the union with a copy of the minutes of said meetings at the same time as they are distributed to the school commissioners. The minutes shall be accompanied by all the documents presented at the time of the meeting of the board, provided such documents are not considered confidential according to the Education Act or protected by the Access to Information Act.

3-3.03

a)    As soon as the board receives the proposed budgetary rules for consultation from the Ministry, it shall forward a copy to the union specifying the timeline imparted by the Ministry to respond to the consultation. The union shall forward to the board any comments deemed appropriate within the prescribed timeline.

 

b) No later than May 31 of each year, the board shall forward to the union the information concerning the application of the budgetary rules at the board by means of the following documents:

i)   the budgetary rules for the following year;

ii)   the board’s specific allocation parameters both for the normalized basic allocations and the supplementary basic allocations;

iii) the calculation of the subsidized cost per teacher specific to the board.

c)   Once the supplementary budget estimates for the following year have been approved, the board shall forward a copy to the union.

3-3.04 The board shall advise the union of changes in the documentation supplied by the board.
3-3.05 Within eight (8) days of the request by the union, the board shall transmit to the union any other documents of a statistical or other nature, having a bearing on the educational organization of the school/centre or on the economic welfare of a teacher,  provided that this information is not protected by the Access to Information Act.
3-3.06 The principal or her/his representative within each school/centre shall provide the union delegate of said school/centre with copies of all bulletins, letters, directives and regulations of a general nature concerning a teacher or one or more groups of teachers in that school/centre. This information will normally be made available by providing an appropriate letterbox designated for the union in the same area as that provided for teachers. This does not include letters of a disciplinary nature and sanctions in accordance with Article 5-6.00, as well as letters related to dismissal or non-re-engagement in accordance with Articles 5-7.00 and 5-8.00 respectively, nor does it include personal  communications regarding matters of a pedagogical nature.
3-3.07

By October 31, or within 30 days of engagement in the case of teachers whose contract comes into effect after the start of the work year, the board shall supply each teacher with a Personal Bulletin containing the following data:

 

  • Name

  • Address

  • Telephone number

  • Social insurance number

  • Date of birth

  • Gender

  • Pension plan

  • Years of schooling and scale recognized for the purposes of salary

  • Years of experience and step recognized for the purposes of salary

  • Total years of experience

  • Annual salary

  • Legal qualifications in accordance with clause 1-1.34*

  • Status of employment (e.g., regular, part-time, replacement, by-the-lesson, leave of absence without pay, sabbatical, progressive retirement, long-term disability, etc.)

  • Number of days accumulated in sick leave banks

  • Number of sick leave days and special leave days allocated for current school year

  • Insurance plans

  • Seniority on June 30 of the preceding school year

  • Sector (Youth, Adult, Vocational) of employment

  • School/centre(s) assigned for current year

  • Current category of teaching of regular full-time teachers

 

A copy of the above information shall be transmitted at the same time to the union. Any revision made by the board to the above information shall be transmitted to the teacher and to the union without delay.

 

3-3.08

By October 31, the board shall provide the union with the following information:

 

a)   the September 30th student enrolment for each school/centre by grade level as well as the number of students identified in accordance with Appendix XXXI of the provincial agreement;

 

b)   A list of teachers employed during the current school year within the framework of Chapter 11 and Chapter 13. The list shall be updated on February 1;

 

c)   a list of the casual supply teachers approved for schools/centres, segregated according to qualification or lack thereof;

 

d)   a list of teachers assigned to the school/centre. This list shall be accompanied by individual workload sheets containing the:

 

1.   name of teacher and status of employment

2.   school/centre(s) assigned

3.   language of instruction

4.   category/subcategory of teaching

5.   grade level and/or subjects taught

6.   number of students in each group

7.   number of students identified in each group in accordance with Appendix XXXI of the provincial agreement

8.   eligibility for compensation

9.   total hours of teaching time and other duties in accordance with Article 8-7.00 on a five (5) day cycle or its equivalent

10. additional responsibilities

e) Notwithstanding the October 31 deadline, the Human Resources Department shall forward a copy of the teachers’ schedules upon request by the union.

3-3. 09

Before April 30, the board shall provide the following information to the union:

 

a)   the preliminary student projections by school/centre and by category of students for the following school year;

 

b)    a projection of teacher staffing needs by category at the level of the school/centre for the following school year;

c)    a projection of teacher staffing needs by category at the level of the board for the following school year;

 

d)    a copy of the organization plan of the school/centre;

 

e)    a list of teachers identified as excess at the level of the board, by teaching category, in accordance with clause 5-3.11*.

 

3-3.10

The board shall transmit to the union updates, corrections or revisions of all data mentioned in this article within two (2) weeks of any such change, unless otherwise specified. Where applicable, the teacher(s) concerned shall receive a copy of the notice of change at the same time.

3-3.11 Wherever the collective agreement requires a form to be completed by the teacher, the board will consult the union prior to its use.
3-3.12 The board and the union agree to facilitate the exchange of information by the most efficient and expeditious means available. To this end, the parties agree to exchange data electronically via email and, where codes are used, to provide the union and the teachers with timely explanations of their significance. No civil responsibility shall be attached to either party as a result of failures of the computer system of either the board or the union.
3-4.00 UNION SYSTEM
3-4.01 Every teacher in the employ of the board who is a member of the union on the date of the coming into force of the agreement must remain a member for the duration of the agreement, subject to clauses 3-4.04 and 3-4.05.
3-4.02 Every teacher in the employ of the board who is not a member of the union on the date of the  coming into force of the agreement and who later becomes a member of the union must remain a  member for the duration of the agreement, subject to clauses 3-4.04 and 3-4.05.
3-4.03 With the coming into force of the agreement, every teacher must, upon his or her engagement, sign an application form, provided by the union, for membership in the union. If accepted by the union, the teacher must remain a member of the union for the duration of the agreement, subject to clauses 3-4.04 and 3-4.05. Within fifteen (15) days of receiving a new teacher’s application form for membership, the board shall forward it to the union.
3-4.04 Every teacher who is a member of the union may resign from the union. Such a resignation shall in no way affect his or her employment ties as a teacher.
3-4.05 The fact that a teacher is refused membership in the union or is expelled from the ranks of the union shall in no way affect his or her employment ties as a teacher.
3-5.00 UNION DELEGATE
3-5.01 The board recognizes the position of union delegate.
3-5.02

For each school/centre or group of schools/centres, the union shall appoint a teacher from the school/centre or group of school/centres to the position of union delegate. It may also appoint several teachers to that position. When there is more than one union delegate, the union shall designate one of them as the senior union delegate. Whenever the term “union delegate” is used in this agreement, it is understood that it also refers to the senior union delegate.

 

For each school/centre, the union may also designate a teacher from the school/centre as a substitute for the union delegate. The substitute shall have all the rights and responsibilities of the union delegate, in the latter’s absence.

 

3-5.03

The union delegate shall represent the union in the school/centre.

3-5.04

The union  shall inform  the board, in writing,  of the names of the union representatives, delegates and substitutes within fifteen (15) days of their appointment. The board shall recognize only those persons designated by the union. The union shall advise the board, within fifteen (15) days, of any changes.

3-5.05

The union delegate or his or her substitute may, in his or her dealings with the board or the principal, be accompanied by another representative designated by the union. If the latter representative is not a  teacher in the said school/centre, the board or the principal may request prior notification of not more than twenty-four (24) hours.

3-5.06

For the purposes of the union meetings held on school/centre premises in accordance with Article 3-2.00, the union delegate may invite one or more union representatives to the school/centre.

3-6.00 LEAVES OF ABSENCE FOR UNION ACTIVITIES
3-6.09

In addition to the amounts that the board continues to pay a teacher released under clause 3-6.06*, in accordance with the provisions of this section, the board shall also pay the teacher released on a full-time basis any supplement which the union or QPAT asks it to pay.

 

The union or QPAT, as the case may be, agrees to reimburse the board for all amounts paid to a teacher so released and all amounts paid for or in the name of the teacher, including any supplement and any additional amount of whatever nature (excluding administrative costs), which the payment of the said supplements may cost the board at a time and according to the date and the terms and conditions agreed upon between them.

 

The board shall send an invoice to the union by September 30 of the following school year, otherwise the latter will be released from its obligation to reimburse the board.

3-7.00 DEDUCTION OF UNION DUES OR THEIR EQUIVALENT
3-7.01

a) Within sixty (60) days of the signing of this agreement and henceforth before August 1 of each year, the union shall notify the board, in writing, of the amount set as regular union dues for all categories of members according to the by-laws of the union. Failing such notice, the board shall make deductions according to the last notice received.

 

b) Sixty (60) days before the first deduction, the union shall notify the board, in writing, of the amount set as an increase or decrease of the regular union dues according to the By-Laws of the union.

 

c) Sixty (60) days before the first deduction, the union shall notify the board, in writing, of  the amount set as special union dues in accordance with the by-laws of the union. With this notice, the union must provide the board with the list of teachers who are members of the union and must notify the board monthly of all changes made to this list, up to the date of the last deduction of the special dues.

3-7.02

a) When the board has received the notice provided for in clause 3-7.01 (a), it shall deduct, in equal amounts, from each pay of the teacher’s salary:

 

– the regular union dues in the case of each teacher who is a member of the union;

 

– the equivalent of the regular union dues in the case of each teacher who is not a member of the union.

 

b)    When the board has received the notice provided for in clause 3-7.01 (b), it shall deduct from the first payment of the teacher’s salary following the period of time provided for in clause 3-7.01 (b) up to the last payment:

 

– the increase or decrease of the regular union dues in the case of each teacher who is a member of the union;

 

– the equivalent of the increase or decrease of the regular union dues in the case of each teacher who is not a member of the union.

 

c)   When the board has received the notice provided for in clause 3-7.01 (c), it shall deduct from the payment of the teacher’s salary following the period of time provided for in clause 3-7.01 (c):

 

– the special union dues in the case of each teacher who is a member of the union;

 

– the equivalent of the special union dues in the case of each teacher who is not a member of the union.

3-7.03

In the case of a teacher who enters the service of the board after the beginning of the school year, the board shall deduct, in equal amounts, from every payment of salary remaining due, the amount set as union dues according to the by-Laws of the union.

3-7.04 In the case of a teacher who leaves the service of the board before the end of the school year, the board shall deduct from her/his last payment of salary, the balance of the amount set as union dues according to the by-laws of the union.
3-7.05 Within thirty (30) days of the deduction having been made, the board shall forward to the union or to the organization designated by the union, a cheque or direct deposit representing the amounts deducted in accordance with clause 3-7.02 together with a list of the teachers paying union dues and the amount deducted for each.
3-7.06

Should the union wish to establish union dues on a percentage basis, the union and the board agree to the following:

 

a)   The “fixed amount” of union dues as defined in clause 3-7.01 (a) shall be interpreted as fixed, constant percentage basis of “total earnings”.

 

b)  The “equal deductions” as defined in clause 3-7.02 (a) shall be interpreted as an equal percentage of total earnings.

 

c)   The board accepts that an annual maximum deduction may be made from the payment of a teacher’s salary in any school year should this be provided for in the union’s by-laws concerning union dues.

3-7.07

Union dues shall continue to be remitted to the union in accordance with the aforementioned clauses until the coming into force of a new agreement. The remittances shall be accompanied by a spreadsheet listing the teachers along with their sector of employment (Youth, Adult, Vocational), employment status, workplace, hours, rate, salary percentage, applicable salary, dues, and specifying those who are not legally qualified.

4-0.00 METHODS, SUBJECTS, PROCEDURES OF PARTICIPATION OF TEACHERS OTHER THAN THE SUBJECTS (AND THEIR METHODS) NEGOTIATED AND AGREED UPON AT THE PROVINCIAL LEVEL

4.1.00 GENERAL PRINCIPLES
4-1.01

This chapter shall apply to schools and centres.

4-1.02 The goal of participation at every level is to ensure that the best educational service is provided to the student clientele and the adult/vocational education clientele of the board. Teachers, as the persons most closely involved with teaching, must participate in the shaping of educational policies. To this end, the active involvement of teachers in the participatory bodies shall be ensured as provided in this Chapter.
4-1.03 Any matter within the scope of the system of participation must be referred by the board or the principal to the participatory body as provided for in the terms of this agreement.
4-1.04 Each participatory body shall have thirty (30) days in order to fulfill its obligations and to forward to the appropriate body its recommendation/proposal except in the case of the delay provided in clause 4-2.07.
4-1.05

Each participatory body shall have the right to:

 

a) receive from the board or principal upon request, all information pertinent to the matter under consideration;

 

b) invite to a meeting, at no cost to the board, school or centre unless authorized by the board or principal respectively, any person  to enlighten or inform it on a matter under consideration after serving a notice of at least forty-eight (48) hours.

4-1.06

For participation to be meaningful, decisions and policies should reflect the input of the bodies consulted.

4-1.07

Participation is established at two levels:

 

a) at the board level, in accordance with Articles 4-3.00; 4-4.00, 4-5.00, 4-6.00 and 4-7.00;

 

b) at the school or centre level, in accordance with Articles 4-2.00, 4-7.00 and 4-8.00.

4-1.08

The participatory bodies at the board level:

 

a)   are formed on a parity basis;

 

b)   meet during the regular hours of work, in accordance with clause 3-6.01*.

 

PARTICIPATION AT THE SCHOOL OR CENTRE LEVEL
4-2.00 TEACHER COUNCIL
4-2.01

For the purpose of teacher participation in the establishment of the educational policies of the school or centre, the board and the union agree to form a Teacher Council.

4-2.02 Except as specifically indicated in clause 4-2.04, members of the Teacher Council shall be members of the teaching personnel of the school or centre elected by their colleagues. Elections shall take place in the month of August or September annually and the names of these members shall be forwarded to the principal by the union delegate of the school/centre within five (5) days of the election. When a vacancy occurs on the Teacher Council, a replacement may be elected within thirty (30) days of the date of the vacancy being known.
4-2.03

The Teacher Council shall be composed of:

 

a)   at the elementary school level, not less than five (5) and not more than ten (10) voting members. Nevertheless, in an elementary school of one hundred (100) students or less, not less than three (3) and not more than ten (10) voting members;

 

b)   at the secondary school level or the centre, not less than seven (7) and not more than twelve (12) voting members when the number of teachers in the school or centre is more  than twenty (20). When there are twenty (20) or fewer teachers in the school or centre, the Teacher Council shall be composed of not less than five (5) and not more than nine (9) voting members;

 

c)    not less than five (5) and not more than nine (9) voting members when a school has a combination of elementary and secondary classes;

 

d)   the teachers of the school or centre shall constitute the Teacher Council when the number of teachers is less than five (5).

 

4-2.04

By virtue of their office, the following shall be members of the Teacher Council and shall have the same rights, privileges and responsibilities as other members of the Council, except for the right to By virtue of their office, the following shall be members of the Teacher Council and shall have the same rights, privileges and responsibilities as other members of the Council, except for the right to vote and to preside at meetings:

 

a)   the principal;

 

b)   the union delegate;

c)    a teacher member of the Governing Board designated by the elected teacher members of the Governing Board each September.

4-2.05

The Teacher Council shall give consideration to a matter referred to it by the principal or by any teacher assigned to the school or centre.

 

Notwithstanding the above, when the Teacher Council considers an item listed in article 4-7.00 and delegated to it in accordance with clause 4-7.01, it may invite all teachers to participate in the deliberation of the Council.

4-2.06

In particular, the Teacher Council is consulted on the following matters:

 

1)   a) criteria in addition to preference and seniority, such as the particular nature of the post, to be utilized by the principal for the preliminary distribution of workload and responsibilities among all teachers applicable for the following year in accordance with clauses 8-7.02 (b)* and 8-12.01; at the secondary/centre level the Teacher Council and the principal may agree to utilize the process for the preliminary distribution of workload found in the second paragraph of clause 8-12.04;

 

b)   by September 30, the current staffing plan is presented in accordance with (a) above.

 

2)   a) the establishment for the following school year of the supervision needs and an equitable system of rotation among teachers to carry out the supervision duties identified in clauses 8-7.01* and 8-7.02*;

 

b)   by September 30, the actual supervision needs and rotation system are reviewed in accordance with (a) above and taking into account previously unforeseen needs.

 

3) the establishment each September of an equitable system of emergency substitution in accordance with clause 8-8.05.1 (e);

 

4)  the use for the following school year of clerical and secretarial help for teachers in accordance with clause 8-8.02*;

 

5)   the homeroom system in accordance with clause 8-12.07 (c);

 

6)   the number, timing, format and duration of meetings with parents within the framework of clause 8-8.04.2 (b);

 

7)    the placement in the school calendar of moveable pedagogical days and the programming of activities for non-board-wide pedagogical days including the fixed in-school pedagogical days;

 

8)    the orientation of teachers new to the staff and new to teaching;

 

9)   the establishment and application of an equitable system of invigilation for examinations in accordance with clause 8-12.08;

 

10) the addition of other activities and corresponding credits to the extracurricular activities list in accordance with clause 8-12.12.07;

 

11) the application of the provisions of article 8-12.12.00 respecting extracurricular activities;

 

12) the “school success plan”;

 

13) the  beginning  and ending  of the students’  instructional timetable,  including the students’ lunch hour(s) in accordance with clause 8-6.06.2 and Appendix L-III;

 

14) the use of a school/centre as a teacher training site in accordance with Appendix L-VI (7.0);

 

15) the choice of textbooks and teaching materials in accordance with clause 4-1.02 (c)*;

 

16) the system used for reporting student evaluation and progress in accordance with clause 4-1.02 (a)*;

 

17) the system used for reporting the late arrivals and absences of students in accordance with clause 4-1.02 (b)*;

 

18) the application of clause 5-11.03 and Appendix L-I regarding uninhabitable conditions;

 

19) the organization of the students’ “progressive entry” at the pre-school level;

 

20) the school’s proposed organization plan in accordance with clauses 4-1.02 (d)* and 5-21.16 and Appendix L-II;

 

21) the preparation of a recommendation to the Educational Policies Committee reflecting the joint intention of the principal and a clear majority of the teachers under contract in the school to proceed with the establishment of a cycle-based instructional schedule involving a change in the length of the instructional period in accordance with clause 4-2.12 (6);

 

22) the number of teachers on the School Level Special Needs Committee as per clause 8-9.05* and representation criteria;

 

23) the approval of the School Level Special Needs Committee’s proposal regarding access to services for teachers with special needs students;

 

24) the process for selecting full-time teachers who volunteer to act as supporting teachers according to clause 8-7.06* and Article 8-11.00*;

25) the placement of four (4) compensatory pedagogical days in accordance with clause 8-12.12.06 (b).

4-2.07 Between the date on which a request for advice is submitted to the Teacher Council and the date on which a measure is implemented, the Council must have a reasonable period of time to fulfill the obligation it has to forward its recommendation to the principal of the school/centre, but this period of time shall not be more than thirty (30) days unless an extension of this time is agreed to by the principal. Notwithstanding the above, the period of time shall not be more than fifteen (15) days when the principal is required to meet the time frame set out in sections 96.13 and 96.15 of the Education Act (CQLR, c.I-13.3).
4-2.08 In the event that she/he disagrees with a recommendation emanating from the Teacher Council within the framework of clause 4-2.06, the principal must provide the reason at the next regular Council  meeting. Notwithstanding the above, the notification must be given within thirty (30) days.
4-2.09

The Teacher Council and the principal shall agree each year on the organization of professional activities for teachers in accordance with section 96.21 of the Education Act (CQLR, c.1-13.3).

4-2.10

If a school or centre intends to amend the working conditions prescribed in clause 8-10.02* or 13-15.12*, the principal and the Teacher Council shall jointly each year:

 

a)   convene a meeting of the teachers in the school/centre with at least forty-eight (48) hours written notice indicating the purpose of the meeting;

 

b)   present to the teachers a written recommendation to amend the collective agreement for the following school year;

 

c)    ensure that the meeting is attended by at least eighty percent (80%) of the teachers under contract and verify that at least seventy-five percent (75%) voted in favour of the recommendation;

 

d)   moreover, in the case where the proposed modifications would directly impact the working conditions of twenty-five percent (25%) or less of the teachers under contract, the written consent of the majority thus affected shall be required;

e)    following the application of clause 4-2.10 (a), (b) and (c), forward the request before June 1 to amend the collective agreement in accordance with Article 8-10.00 signed by the principal and the Teacher Council chairperson, to the Labour Relations Committee in order to verify that the terms of clause 8-10.03 have been met.

4.2.11

Following the application of clause 4-2.10, the board and the union shall, if necessary, amend the agreement in order to carry out the request.

4-2.12

Operation

 

The internal organizational procedures of the Teacher Council shall be determined by the Council and shall include the following:

1)   In the month of August or September of each school year, the union delegate will hold a meeting of the teachers of the school or centre for the purpose of electing a Teacher Council and representatives to the Governing Board.

 

2)   At its first meeting to be held annually before September 30, the Teacher Council shall elect a chairperson and a secretary from among its members.

 

3)   The Teacher Council shall meet at least once per month.

 

4)   The Teacher Council shall adopt its rules of internal  procedure. Notwithstanding the above, all Teacher Council meetings shall be open to the teachers of the school/centre.

 

5)    Matters decided by vote shall require a simple majority vote of Council members present.

 

6)   The Teacher Council shall also determine the voting procedures to be used at meetings convened in accordance with clause 4-2.06 (23) or 4-2.10 at least one week prior to any such meeting.

 

7) The Teacher Council must send, within ten (10) days of  their approval, the minutes of each meeting signed by the chairperson to the union and the board. The approved Teacher Council minutes will also be posted on the general notice board of the school/centre.

 

4-2.13

Failure of the teachers of a school/centre to form a Teacher Council in accordance with this article, the principal shall be released of all responsibilities with respect to the consultation set out in clause 4-2.06.

PARTICIPATION AT THE BOARD LEVEL
4-3.00 EDUCATIONAL POLICIES COMMITTEE
4-3.01

For the purpose of teacher participation in the establishment of educational policies at the board level, the board and the union agree to form an Educational Policies Committee.

 

4-3.02

The parties to this agreement shall each be responsible for determining the composition of its own delegation. Each party to this agreement shall appoint four (4) members to its delegation, the names of which shall be forwarded to the other party before September 15 of each year.

4-3.03 For a meeting to take place, at least three (3) members from each delegation must be present.
4-3.04 The Educational Policies Committee shall adopt its rules of internal procedure.
4-3.05

Operation

1)  The Educational Policies Committee must meet within fifteen (15) days of a notice of meeting received by either party. An agenda shall accompany the notice of meeting.

 

2)   At its first annual meeting, the Educational Policies Committee shall appoint a chairperson and a secretary from among its members. One representative from the board and one representative of the union shall occupy one of the two posts alternately from year to year.

 

3)   Between the date that the board submits an item to the Educational Policies Committee  for consultation and the date that the board implements its decision, the Educational Policies Committee must have a period of time of not less than sixty (60) days to respond.

 

4-3.06

When the Educational Policies Committee decides to make a recommendation to the board, it shall be the responsibility of the board representatives to present this recommendation to the board’s appropriate standing committee. To this end, the Educational Policies Committee will be apprised in advance as to which standing committee will be responsible for studying the recommendation and determining the date on which a decision will be taken.

 

When the standing committee does not accept a recommendation made by the Educational Policies Committee, it shall provide a written notification justifying its decision.

 

4-3.07

The Educational Policies Committee shall be consulted on the following items:

 

1)  the introduction of new programs and pedagogical methods in accordance with clause 4-1.01 (f)*;

 

2)   the use of technological tools by a teacher as part of his or her teaching duties, in accordance with clause 4-1.03 (a)*, as well as the use of technological tools by a teacher in carrying out tasks related to his or her general duties, in accordance with clause 4-1.03 (b)*;

 

3)   the Board’s examinations and evaluation policy, in accordance with clause 4-1.01 (c)* and clause 8-1.02*;

 

4)   the changes in the report cards used by the board, in accordance with clause 4-1.01 (a)*;

 

5)   the criteria governing the choice of textbooks from among the list of textbooks approved by the Ministry of Education and of teaching materials required for teaching the programs of study as well as their terms and conditions of implementation, in accordance with clause 4-1.01 (g)*;

 

6)   the timetable in accordance with clause 4-1.01 (h)*, after having verified that clause 4-2.06 (21) has been followed;

 

7)   board-wide educational research and experimentation;

 

8) particular educational services organized for students living in economically disadvantaged areas in accordance with clause 4-1.01 (e);

 

9)  the system of progressive entry in accordance with Appendix XXXIII of the provincial agreement;

 

10) the placement of non-moveable board-wide pedagogical days and the programming of activities for these board-wide days;

 

11) any other topic that the Committee agrees to study.

 

4-4.00

PROFESSIONAL IMPROVEMENT COMMITTEE

(Ref.:  Clause 7-1.04)

4-4.01 The composition, prerogatives and operation of this committee are defined in article 7-2.00.
4-5.00 LABOUR RELATIONS COMMITTEE
4-5.01

The board and the union agree to form and to participate in the Labour Relations Committee.

4-5.02

The Labour Relations Committee is composed of six or eight (6 or 8) members. Each party shall name half the members.

 

4-5.03

Operation

 

a) Before September 15 of each year, each party shall inform the other of its respective members.

 

b) At its first annual meeting, which must take place before September 30, the committee shall appoint a chairperson and a secretary from among its members. One (1) representative of the board and one (1) representative of the union shall occupy one of the two posts alternately from year to year.

 

c) The committee shall adopt its rules of internal procedure.

 

d) The Labour Relations Committee must meet at the request of either party. The request to meet must be forwarded at least five (5) workdays before the meeting and be accompanied by a specific agenda.

 

4-5.04

Responsibilities

 

a) to verify the general application of the agreement and find solutions to disputes that may arise from the interpretation and application of the collective agreement;

 

b) to make recommendations regarding the Employee Assistance Program in accordance with article 10-5.00*;

 

c)    to verify the application of clause 4-2.10;

 

d)   to verify the application of sections 2.2, 2.3 and 2.4 of Appendix XXVI of the provincial agreement pertaining to the program designed to recognize value added and to assist in the assignment, recruitment and retention of teachers.

 

e) to deal with any request to amend the working conditions in accordance with article 8-10.00* and clause 13-15.12 of this agreement when such a request has been submitted in accordance with clause 4-2.10.

 

The Committee will render a decision within thirty (30) days of receipt of the request. The Committee may extend this deadline if additional information is required.

 

4-6.00 PARITY COMMITTEE FOR SPECIAL NEEDS
4-6.01

The board and the union agree to form and participate in a committee for handicapped students and students with social maladjustments or learning difficulties.

 

4-6.02

The committee shall be composed of an equal number of members from both parties.

 

4-6.03

The committee is consultative and the committee’s mandate shall be in accordance with clause 8-9.04*:

 

a)    to give its view on the development of the policy on the organization of educational services  for students with handicaps, and students with social maladjustments or learning difficulties; to make recommendations concerning the implementation of the policy and the methods for integrating students into regular groups as well as the support services required for the students’ integration;

b)  to recommend models for organizing services that could be implemented in schools to provide support for the formation of classes including, among other things, setting up groups of students as a result of a priori weighting, the creation of a resource or transition class or the addition of services;

 

c)   to give its view on the services to be offered at the board level;

 

d)   to verify all the resources available under clause 8-9.03*;

 

e)   to determine the criteria for the allocation of resources to schools according to the policy in effect at the board;

 

f) to analyze requests from schools in relation to the established allocation criteria;

 

g)   based on the total available resources allocated under clause 8-9.03*, to recommend to the board:

 

i. the allocation of resources among the schools;

 

ii. the portion of resources allocated as compensation as a result of the weighting of certain students with special needs to be paid or, where applicable, to be included in the school’s budget;

 

iii. the reserve to be maintained for additional services that will be determined during the following year under clause 8-9.07*;

 

h)   to receive and study the reports prepared under subclause e) of clause 8-9.05* and to make the recommendations it deems appropriate.

 

The committee may invite representatives from another category of employees to take part in the discussions.

 

If the Board does not accept the recommendations made by the Committee, it shall state its reasons to the Committee in writing.

 

4-6.04 Not later than April 30 of each year for the following year, the board shall inform the committee of the provisional specialized resources available for all categories of personnel and the financial resources available in the schools and the board for services offered to students with special needs and shall so inform the parity committee prescribed in clause 8-9.04 of the provincial agreement.
4-6.05 The rules of operation foreseen in clause 4-5.03 shall apply mutatis mutandis.
4.7.00 CONCORDANCE WITH THE EDUCATION ACT (R.S.Q., c.I-13.3)
4-7.01

At a meeting called by the  principal during the month of September with forty-eight (48) hours notice indicating the reason, the teachers may delegate all or some of the responsibilities provided for in sections 77, 89, 96.15, 110.2, and 110.12 of the Education Act (CQLR, c.I-13.3) to the Teacher Council by following the procedure described below:

a) Convene teachers of the school/centre to a meeting through a written notice of at least forty-eight (48) hours that includes the purpose of the meeting.

 

b) Present a written recommendation to students.

 

c) Ensure that at least eighty per cent (80%) of teachers under contract attend this meeting and that at least seventy-five percent (75%) of them vote in favour of the proposal. In the case of a school/centre with nine (9) teachers or less under contract, the recommendation must be approved by the majority of teachers under contract assigned to this school/centre.

 

4-7.02

When the teachers of a school/centre have decided to delegate all or some of the responsibilities provided for in clause 4-7.01, the procedure for their participation in the development of proposals concerning the items listed in this article becomes the responsibility of the Teacher Council. Whenever an item is listed in this article and also in article 4-2.00 or article 4-3.00, the provisions of this article shall prevail as long as said item is included in the Education Act (CQLR, c.I-13.3).

 

4-7.03

Items calling for the participation of teachers:

 

a)   Items calling for collaboration of teachers:

 

i) the overall approach for the enrichment or adaptation  of the objectives and contents of the program of studies and for the development of local programs of studies to meet the particular needs of the students (85);

 

ii) the time allocation for each compulsory or elective subject (86);

 

iii)   the implementation of the program of studies of centres [110.2(2)].

 

b)   Items calling for the elaboration of a proposal by the teachers:

 

i) the local program of studies to meet the particular needs of students [96.15(1)];

 

ii) the criteria for the introduction of new instructional methods [96.15(2)] and [110.12(1)];

 

iii) the textbooks and instructional material required for teaching the program of studies

[96.15(3)] and [110.12(2)];

 

iv) the standards and procedures for the evaluation of student achievement [96.15(4)] and [110.12(3)].

 

The numbers in brackets refer to the sections of the Education Act (CQLR, c.I-13.3) as in force on February 1, 2018.

 

4-7.04

Items calling for the participation of teachers and other staff of the school/centre:

 

a)   Items calling for the collaboration of the staff:

 

i) the school’s success plan (75);

 

ii) the anti-bullying and anti-violence plan (75.1);

 

iii)   the rules of conduct and safety measures (76);

 

iv) the approach for implementing the basic school regulation [84 and 110.2(1)];

 

v)   the programming of educational activities entailing changes in the students’ regular time of arrival and departure or requiring the students to leave school/centre premises (87);

 

vi) the  approach for the implementation of student services and special educational services programs (88);

vii) the rules governing the placement of students and their promotion from one cycle to the other at the elementary level [96.15(5)];

 

viii) the needs of the school/centre in respect of each staff category and the professional development needs of staff (96.20 and 110.13);

 

ix)  the implementation of programs relating to student services and popular education [110.2(3)];

 

x)   the operating rules of the centre [110.2(4)].

 

The numbers in brackets refer to the sections of the Education Act (CQLR, c.I-13.3) as in force on February 1, 2018.

 

4-7.05

The prior consultation of teachers required by sections 244 and 254 of the Education Act (CQLR, c.I-13.3) shall take place through the appropriate consultative bodies as indicated hereafter.

 

a)   The Educational Policies Committee alone shall be consulted on the following items:

 

i) the implementation of the basic school regulation, the exemption of a student from the application of a provision thereof or the departure from a provision thereof in order to carry out a special school project (222 and 246);

 

ii) the implementation of a program of studies, the exemption of a student  from a subject prescribed by the basic school regulation or the replacement of a program of studies established by the Ministry by a local program of studies (222.1);

 

iii)    the program for each student service and special educational service contemplated in the basic school regulation (224);

 

iv)   the internal examinations, which the  board may impose at the end of each elementary cycle and at the end of the first secondary cycle (231);

 

v) the rules governing the promotion from elementary school to secondary school and from the first cycle to the second cycle of the secondary level (233);

 

vi)   the internal examinations which the board may impose in the subjects taught in a vocational training or adult education centre in which no examination is imposed by the Minister and for which credits are compulsory for the issue of a secondary school diploma or a vocational training diploma (249);

 

vii) the programs of studies leading to an occupation or profession in addition to the vocational education programs which the board is authorized to organize (223 and 246.1);

 

viii) the determination of the educational services to be provided by the schools/centres (236 and 251);

 

ix)   the enrolment criteria for each school (239);

 

x)    the establishment of a specific project school and its enrolment criteria (240);

 

xi) any periodical evaluation conducted by the Minister (243 and 253);

 

xii)   the program for each student service and popular education service in the vocational training and adult education centres (247);

 

xiii) the reception and referral services relating to vocational training or adult education (250).

Whenever a particular item in the preceding subclause solely concerns handicapped students or students with social maladjustments or learning difficulties, the committee referred to in subclause (b) shall replace the Educational Policies Committee.

 

b)   The Special Education Advisory Committee shall be consulted on the following items:

 

i) the adaptation of educational services according to the needs and in keeping with the abilities of these students as evaluated by the board (234);

 

ii)   the policy concerning the organization of educational services for these students (235);

 

iii)  any items to which the second paragraph of subclause (a) applies.

 

The numbers in brackets refer to the sections of the Education Act (CQLR, c.I-13.3) as in force on February 1, 2018.

 

4-7.06 The provisions of this article shall be subject to review and revision, as needed, following any amendments to the Education Act (CQLR, c.I-13.3).
4-8.00 SCHOOL LEVEL SPECIAL NEEDS COMMITTEE
4-8.01

The committee is composed of a maximum of three (3) teachers, in accordance with clause 4-2.06 (22) and of the school principal.

 

Notwithstanding the foregoing, in schools and centres with one thousand (1000) students or more, the committee must be composed of a maximum of five (5) teachers.

 

4-8.02

The committee’s mandate shall be in accordance with clause 8-9.05*:

 

a)    taking into account the criteria defined be the parity committee set up under clause 8-9.04*, to identify the specialized and financial resources that it deems necessary for the following school year intended for the students with special needs and as support for teachers;

 

b)   for the following school year, to inform the parity committee, no later than April 1 or another date that the board determines, of the resources prescribed in the preceding article;

 

c)    to distribute the resources allocated to the school in accordance with clause 8-9.04*, as well as the additional services to be determined during the year;

 

d) to define the conditions of access to these services, including the possibility of setting up provisional support services before a decision is made under subclause (a) of clause 8-9.07*;

 

e)   to periodically  assess the effectiveness  of the conditions facilitating  access to the services in place;

 

f) to report to the parity committee on the allocation of resources agreed to under the preceding subclause (d);

 

g)   to review the files of students who received support services the previous school year to ensure that these students are continuing to receive appropriate services;

 

h)   to develop an accelerated path to allow the principal to provide immediate support when critical situations arise;

 

i) to keep a record of all teacher requests received and the measures taken in this respect.

 

4-8.03 The rules of operation provided for in clause 4-5.03 shall apply mutatis mutandis.

5-0.00 CONDITIONS OF EMPLOYMENT AND FRINGE BENEFITS

5-0.00 CONDITIONS OF EMPLOYMENT AND FRINGE BENEFITS
5-1.00

ENGAGEMENT

 

Section I:  Provisions regarding priority-of-employment lists subject to the principles of Part 1

5-1.13

The existing priority-of-employment lists under the 2000-2003 agreements shall continue to exist under this article.

5-1.14

a) By June 1, the board shall update the priority-of-employment list referred to in clause 5-1.13 by adding the names of eligible teachers and the cumulative seniority projected to June 30 of the current school year.

 

b) By June 15, each teacher on the priority-of-employment list shall receive a letter informing her/him when and where, in each school, the list referred to in (a) above will be posted. At the same time, a copy of the letter and the  list shall be forwarded to the union. The teacher who contends that his or her name has been omitted from the list or that the seniority has not been calculated correctly shall notify the board in writing within the fifteen (15) days following the posting of the list.

 

c)   If required, a correction will be made to the list within the twenty (20) days following the receipt of the notification referred in subparagraph (b) and the teacher and the union will be advised in writing accordingly.

 

d)   An administrative version of the list referred to in (a) above specifying the legal qualifications and teaching experience of each teacher within the preceding five (5) years shall be provided to the union by June 30.

 

e)   The administrative version shall also include a separate section containing the names of teachers who taught under contract for the board in one (1) of the two (2) preceding school years and who are not yet eligible to be entered on the priority-of-employment list, specifying the seniority, the legal qualifications and the teaching experience in the past five (5) years of each teacher.

 

5-1.15

To be eligible to be placed on the priority-of-employment list, the teacher must meet one (1) of the following conditions:

 

a) was, on the date of the coming into force of  the agreement, on the priority-of-employment list mentioned in clause 5-1.13;

 

b)   held a part-time or replacement contract and has accumulated at least one full year of experience or the equivalent of 200 workdays during at least two (2) of the three (3) preceding school years with the board;

 

c)   was non-re-engaged because of surplus, in accordance with subclause (a) of clause 5-3.35*.

 

5-1.16

The following teachers are excluded from the priority-of-employment list:

 

a)   the teacher who is employed full-time;

 

b)   the teacher who is not legally qualified within the meaning of clause 1-1.34*.

 

5-1.17

Except in the case prescribed in the second paragraph of clause 5-1.08*, when the board must fill a full-time vacancy within the framework of clause 5-3.36* or hire a part-time teacher or a replacement, it shall convene two (2) meetings for this purpose, i.e., one in June and one in August, after having provided at least five (5) workdays’ notice to the teachers concerned and to the union to carry out the following provisions:

 

a)   Posts shall be selected by the teachers present or by the teacher’s authorized proxy beginning with the most senior teacher whose name appears on the priority-of-employment list who meets the assignment criteria of clause 5-21.05* as well as the particular requirements of the position to be filled, in accordance with clause 5-21.06*. When seniority is equal, the tie-breaking criteria prescribed in the second paragraph of clause 5-3.08* shall apply.

 

b)  The board shall not consider a teacher referred to in (a) above who notified the board, in  writing, prior to June 15 of a given school year that he or she would not be available to hold such a post during the following school year. Nevertheless, a teacher present at the meeting prescribed in paragraph a) may decide to waive his or her right to choose a position for the following school year without having his or her name removed from the list, subject to the application of clause 5-1.19.1 (c). In this case, the board is released from its obligation to offer a position to this teacher for that school year, unless it must apply clause 5-1.18.

 

c)   At the first recall meeting, taking place at the end of June, the board shall hold a recall process for the new regular full-time positions and the new replacement positions (100%). Teachers who have waived their right to choose can attend the August meeting. Only teachers who will have completed the form provided at the meeting referred to in clause 5-1.17 (a) shall benefit from this process. Positions shall be assigned by order of seniority in accordance with the assignment criteria provided for in clause 5-21.05* as well as the particular requirements of the position to be filled, in accordance with clause 5-21.06*.

 

d)   At the second recall meeting, taking place in August, that will be held a few days before the teachers’ first day of work, the board shall offer all part-time positions as well as all new replacement positions made available since the June recall meeting, except for full-time positions. In the case of a part-time contract, the percentage must be proportional to the full-time contract. In doing so, the board shall structure the teacher’s workload within one or more schools to ensure that the workload is as complete as possible, pursuant to article 8-7.00. For information purposes, the workload of a teacher who obtains a 60% contract normally includes 60% of teaching, 60% of other tasks and 60% of attendance time. A teacher attending the recall meeting may decide to waive his or her right to choose a position for the following school year without having his or her name removed from the list, subject to the application of clause 5-1.19 (b), with the exception of the application of clause 5-1.18.

 

e) If additional part-time posts or replacement positions are created or become vacant during the school year, they shall be offered to the most senior teacher assigned to that school whose workload has not attained the maximum workload on condition that the teaching schedule is compatible with the teacher’s existing schedule or can be modified to be compatible without impacting the workload or the schedule of another teacher assigned to the school.

 

Notwithstanding the foregoing, should a part-time position (E3) or a replacement position (E8) with a higher percentage become available, the school principal shall offer to the most senior teacher who meets the criteria specified in clauses 5-21.05* and 5-21.06* the possibility to transfer to this new position.

 

5-1.18

If a full-time teaching position becomes available by December 1 that the board has no obligation to fill in accordance with clause 5-3.36, it shall offer the position in accordance with clause 5-1.17. The teacher who has already accepted a part-time contract at one hundred  percent (100%) shall be assigned to the full-time position on paper but shall remain in her/his present position. Should the part-time position not be at one hundred percent (100%), the teacher will transfer to the full-time position.

5-1.18.1

By  November  15, the board  will forward to  the union a copy  of the administrative version of the list indicating the following information regarding the workload of the teachers whose names appear on the list:

 

  • the school(s) assigned

  • the type of contract granted and, in the case of a part-time contract, the percentage

  • the subject(s) and level(s) assigned

  • the beginning and ending dates

5-1.19

A teacher’s name may be removed from the priority-of-employment list for one of the following reasons:

 

a)   obtaining a full-time teaching contract;

 

b) not having obtained a teaching contract for two (2) consecutive years;

 

c)    failing to provide a valid reason for not attending the meeting indicated in clause 5-1.17 (b);

 

d)   leaving the service of the board during the course of an engagement and for which she/he declared herself/himself available in accordance with 5-1.17, unless the board accepts the reason for the departure;

 

e) the contract was terminated for one of the reasons provided for under Article 5-7.00; if applicable, the teacher has the right to challenge the reasons for the termination, in accordance with Article 9-0.00;

 

f)   the refusal of an offer of employment except in the case of:

 

i) a  maternity,  paternity or  parental leave  covered by the Act  Respecting Labour Standards (CQLR, c. N-1.1);

 

ii) a disability or work accident within the meaning of the agreement;

 

iii)   a full-time position with the local union or QPAT;

 

iv) death or serious illness of the teacher’s spouse, child, parent, or other person permanently domiciled in the teacher’s residence;

 

v)   a change of school to another that is more than fifty (50) km distant from the teacher’s previous school and from his/her residence, in accordance with clause 5-3.20*;

 

vi)   a change in  the place of  employment of a  teacher’s spouse requiring a change of residence to a place more than fifty (50) km from the school where the teacher last taught, to a maximum of two (2) years;

 

vii) the board and the union agreeing to reasons other than those mentioned above.

5-1.19.1 The board shall notify the teacher in writing if it decides to remove the teacher’s name from the priority-of-employment list in accordance with clause 5-1.19. The reason must be contained in the notice and a copy of the notice shall be forwarded to the union at the same time within ten (10) workdays following the decision.
5-1.20.00

Section C: Engagement (subject to security of employment, priorities of employment and acquisition of tenure)

5-1.20.01

Every teacher who is engaged by the board must:

 

a)   provide proof of his or her qualifications and experience;

 

b)   provide original certificates, diplomas and degrees as well as official transcripts of marks to the board;

 

c)   provide proof of teaching or relevant experience;

 

d)   produce any other information required in writing following the application for employment.

 

5-1.20.02

Any deliberate false declaration made to obtain a contract of engagement fraudulently or any personal omission on the part of a teacher to comply with the provisions of  clause 5-1.20.01 when it is possible to do so shall constitute a reason for the board to terminate the teacher’s contract.

5-1.20.03

The teacher must inform the board in writing of any change of address or telephone number within seven (7) days.

5-1.20.04

When hiring a teaching under contract, the board shall provide the teacher with:

 

  • a copy of this agreement;

  • an application form for membership in the union;

  • an application form for participation in the insurance plan or for exemption, if need be.

5-1.20.05

The board shall provide the original of the signed contract or letter of engagement to the teacher and a copy to the union no later than thirty-five (35) workdays from the first workday, in accordance with clause 5-1.02*. In the case of a contract obtained under the second paragraph of clause 5-1.08*, the time limit shall begin as of the forty-first (41st) workday.

5-2.00 SENIORITY
5-2.08.1

Seniority list

 

The board shall establish the seniority of every teacher in its employ in accordance with Article 5-2.00* and shall forward a list thereof to the union.

 

The seniority list shall be based on the seniority of each teacher projected to June 30 annually. The board will prepare a seniority list for regular teachers and a separate seniority list for teachers with part-time contracts. The seniority list of regular teachers shall be forwarded to the union by January 31 and the seniority list of part-time teachers shall be forwarded to the union by June 1. The lists shall also be posted in each school and centre at the same time as they are forwarded to the union.

The teacher who contends that his or her name has been omitted from the list or that the seniority has not been calculated correctly shall notify the board in writing within the fifteen (15) days following the posting of the list.

 

If required, a correction will be made to the list within the twenty (20) days following the receipt of the notification and the teacher and the union will be advised in writing accordingly.

The seniority so established in accordance with Article 5-2.00 for every such teacher may only be contested in accordance with clause 5-2.09* of the provincial agreement and shall apply for   every such teacher until an arbitrator (with or without assessors) decides otherwise.

 

5-3.00 SECURITY OF EMPLOYMENT SYSTEM
5-3.09.1

The Criteria and Procedures for Compulsory Transfers due to School Closures, Partial School Closures or Re-Zoning of Students

 

In accordance with the provisions of clause 10-11.01*, the board and the union agree that clause 5-3.09* shall be replaced, for all legal purposes, by clauses 5-3.09.1 to 5-3.09.15 inclusively.

 

The following provisions shall apply in accordance with clause 5-3.02* in the cases where one or more schools are to be closed, partially closed or students are to be re-zoned from one school to another.

 

5-3.09.2

 A “school closure” shall be defined as one in which the school ceases to provide pedagogical instruction to the existing student enrolment, resulting in the transfer of these students to another school within the board.

5-3.09.3

A “re-zoned school” shall be defined as one in which the redefinition of school boundaries results in the movement of all or a significant part [more than eighteen (18) students or twenty percent (20%)] of a school’s student enrolment to another school or schools within the board for the following year.

5-3.09.4 The principle of “net difference” shall apply to a re-zoned school in accordance with clause 5-3.09.3. By “net difference” is meant the difference between the number of students re-zoned to no longer attend a particular school and the number of students re-zoned to attend that school.
5-3.09.5 A “partial school closure” shall be defined as one in which a program or partial program or grade level is closed and moved to another school.
5-3.09.6

A “receiving school” shall be defined as one that receives students from a school that has been closed, partially closed or re-zoned.

5-3.09.7 The students in the school to be closed, partially closed or re-zoned, shall be tentatively assigned by the board to a receiving school or schools, by March 1 for the following school year.
5-3.09.8

The maximum number of teachers of a school to be closed, partially closed or re-zoned who may be transferred to a receiving school or schools shall be in the same proportion as the number of students.

 

procedure for schools offering elementary instruction only

 

5-3.09.9

The board shall:

 

a)   determine the projected needs by category for the following year based upon the weighted enrolment projected for the following year for each of the schools affected;

 

b)   determine by category the least senior teacher(s) at risk of being transferred based upon the needs in accordance with (a) above;

 

c)    make available to the union and the teachers in the schools affected, not later than the first week in February, a list of the teachers by category and by seniority indicating those who are at risk of being transferred.

 

5-3.09.10 The school board shall provide to each teacher, in accordance with clause 5-3.09.8, a form to express a preference to be transferred to a receiving school. Should there be more than one receiving school, the teacher shall be invited to express a preference priority. The union shall receive copies of all completed preference forms not later than the second week of February.
5-3.09.11 In each re-zoned school, the most senior teacher in each category in which an excess has been identified who has expressed a desire to be transferred, shall be permitted to substitute for the most senior teacher in the category who was initially identified as excess. The process continues for the next most senior teacher who wishes to transfer, and so on.
5-3.09.12

The board shall draw up a list of the teachers who are excess following the application of the preceding clauses and, proceeding by category and by seniority, grant the transfers in accordance with the preferences that have been expressed.

 

5-3.09.13 The teacher whose transfer was granted as a result of the application of clause 5-3.09.12, shall receive written notification, prior to March 1, identifying the school to which he or she is deemed assigned in accordance with articles 5-3.00 and 5-21.00. The union shall receive a copy of said notifications at the same time.
5-3.09.14

The transferred teacher who wishes to return to his or her school and category of origin must notify the board in writing within five (5) days of receiving the notice of transfer referred to in clause 5-3.09.13. If a full-time position in his or her category becomes available prior to the application of clause 5-21.20, the board shall grant by seniority the request to annul the transfer and so inform the teacher and the union in writing.

 

PROCEDURE APPLICABLE TO ALL OTHER SCHOOLS

 

5-3.09.15 The union and the board shall meet by December 1 to adapt the application of clauses 5-3.09.1 to 5-3.09.14 to all other schools and centres which may be closed, partially closed, or re-zoned.
5-3.24

Presence of teachers on availability

 

In accordance with the provisions of clause 10-11.01*, the board and the union agree that clause 5-3.24, paragraph (d)*, shall be replaced, for all legal purposes, by clauses 5-3.24.1 and 5-3.24.2.

 

 

5-3.24.1 For the first one hundred and sixty (160) workdays of the school year, the teacher on availability shall be obliged to be present on a full-time basis.
5-3.24.2

Notwithstanding the above, should the board or the teacher on availability wish to establish another method of distribution with the board, such redistribution must be mutually agreed to before October 1.

 

5-3.36

The following provisions shall replace subclauses (i) and (j) of clause 5-3.36*:

 

a)   Subclause i) of clause 5-3.36* is replaced by the following:

 

The board shall engage, according to seniority, a teacher on the priority-of-employment list referred to in clause 5-1.15 who has accumulated two (2) years of seniority or more on June 30 and who meets the assignment criteria provided for in clause 5-21.05* as well as the particular requirements of the position in accordance with clause 5-21.06*.

 

The board shall not consider a teacher referred to in the preceding paragraph who notified the board prior to June 1 of a given school year that he or she would not be available to hold such a position during the following school year.

 

b)   Moreover, subclause j) of clause 5-3.36* is replaced by the following:

 

When the union contests, by means of a grievance, the decision of the board not to grant a position to a teacher whose name is entered on the priority-of-employment list referred to in clause 5-1.15, the board must establish that its decision is well founded.

 

5-5.00 PROMOTION
5-5.01 Promotion shall be the responsibility of the board.
5-5.02 When a teacher is appointed to temporarily occupy a position other than that of teacher, he or she shall receive the remuneration corresponding to the position for the time during which he or she occupies it but shall remain covered by the teachers’ insurance plan.
5-5.03

When a teacher no longer holds a position referred to in clause 5-5.02*, he or she shall return to teaching duties under the conditions and with the rights that he or she had before temporarily occupying that position.

5-5.04

Unless there is an agreement to the contrary between the board and the union, a teacher’s temporary promotion to a professional position, a senior staff position or a position of principal or vice-principal may not exceed:

 

  • June 30 of a school year, if the temporary promotion begins before the preceding December 31, or

  • a twelve (12) month period, if the temporary promotion begins after December 31 of a school year.

 

Notwithstanding the provisions of the  preceding paragraph, the duration of a temporary promotion shall not be limited when a teacher replaces a professional, a senior staff member, a principal or vice-principal who is temporarily absent from his or her position for one of the following reasons:

 

a)  absence related to a parental leave (maternity leave, special leaves for pregnancy or breastfeeding, paternity leave, leave for adoption, extension of paternity leave, maternity leave or leave for adoption);

 

b)   absence due to disability;

 

c)   loan of service to the Ministry, QESBA or CPNCA.

 

 

5-5.05

Whenever a vacancy exists in accordance with clauses 5-5.01 to 5-5.04, the board shall proceed by first posting the position on the website of the board and in its schools/centres for  a period of at least ten (10) days; during the months of July and August, the notice shall appear in the local newspaper(s) and on the website of the board. In the case of Head Teachers and Staff Assistants, the posting shall take place within the school for at least five (5) workdays. The teachers of the school may submit nominations for the Head Teacher and Staff Assistant. These nominations shall be considered by the board, along with all other applications received for the position.

 

5-5.06 A copy of the postings in clause 5-5.05 is forwarded to the union. The posting shall contain a concise description of the particular requirements of the available position and the benefits connected with it, such as release time, as well as the criteria of eligibility established by the board for the position.
5-6.00

PERSONAL FILE AND ALL ISSUES PERTAINING TO DISCIPLINARY MEASURES AND SANCTIONS EXCLUDING DISMISSAL AND NON-RE-ENGAGEMENT

Section A – Disciplinary Measures and Sanctions

5-6.01 A disciplinary measure shall take the form of a letter of warning, reprimand or suspension. A suspension may be with or without total salary. A suspension cannot last more than twenty (20) workdays, unless there is an agreement to the contrary between the board and the union.
5-6.02

All disciplinary measures must originate from the board or the principal in accordance with this article.

 

5-6.03

Normally, a letter of reprimand shall be issued only if it has been preceded by at least one (1) written warning on the same subject or a similar subject.

 

5-6.04 A letter of warning, reprimand or suspension must outline the reasons for the disciplinary measure. In the case of a suspension, the duration of the suspension and whether it is with or without total salary, must be indicated.
5-6.05

Every teacher receiving a disciplinary measure shall be summoned to a meeting where the disciplinary measure will be issued. The teacher must receive a written notice at least twenty- four (24) hours before the meeting specifying the subject to be discussed. Such a notice shall also be given to the union.

 

5-6.06

Every teacher summoned for disciplinary reasons is entitled to be accompanied by the union delegate of the school/centre or by another union representative. The union delegate, if necessary, shall be released from his or her teaching duties for the time required for the meeting with the principal.

 

5-6.07

The letter of warning, reprimand or suspension shall be given to the teacher in question and a copy thereof shall be forwarded to the union. To acknowledge that he or she has read the content thereof, the teacher must countersign the letter. If the teacher fails to countersign the letter, the union delegate or, in his or her absence, the union representative or another person, must sign the document to acknowledge the fact that a disciplinary letter has been given or sent to the teacher concerned.

 

5-6.08

Should the teacher not attend the disciplinary meeting, the countersigned letter shall be sent to the teacher concerned by registered or certified mail, by fax, by email, or delivered by hand or bailiff.

 

Section B – Personal File

 

 

 

5-6.09 Only a disciplinary letter countersigned under clause 5-6.07 may be placed in the teacher’s personal file.
5-6.10 Within fifteen (15) workdays of receiving a letter of warning, reprimand or suspension, the teacher may make written comments he or she feels are relevant to the disciplinary measure and have the comments entered in his or her personal file.
5-6.11 Every letter of warning placed in the teacher’s personal file shall become null and void one hundred (100) workdays after the date on which it is issued, unless it is followed by a disciplinary measure on the same subject or a similar subject within that period.
5-6.12

Every letter of reprimand placed in the teacher’s personal file shall become null and void two hundred (200) workdays after the date on which it is issued, unless it is followed by a disciplinary measure on the same subject or a similar subject within that period.

 

5-6.13 Every letter of suspension placed in the teacher’s personal file shall become null and void three hundred (300) workdays after the beginning of the suspension, unless it is followed by a disciplinary measure on the same subject or a similar subject within that period.
5-6.14

In the case of a subsequent disciplinary measure within the time frame prescribed in clauses 5-6.11, 5-6.12 or 5-6.13, the expiry date of the first measure shall automatically be carried forward to the expiry date of the second measure.

 

5-6.15

For  the purposes of  the periods prescribed in  clauses 5-6.11 to 5-6.13, the teacher must have been at work in the employ of the board for at least half of those days.

 

However, the balance of days necessary to complete the period prescribed may be workdays or a leave. A parental leave or a leave caused by circumstances beyond the teacher’s control shall be counted as workdays.

 

5-6.16

Any disciplinary letter that has become null and void shall be returned to the teacher. The comments entered under clause 5-6.10 shall also become null and void and shall be returned to the teacher at the same time as the disciplinary letter to which the comments refer.

 

5-6.17

Upon prior notification of at least forty-eight (48) hours and at any time during the board’s regular office hours, the teacher accompanied or not by a union representative, may consult his or her personal file on the condition that he or she provide proof of his or her identity, if necessary.

 

Subject to the same conditions, a union representative, with the teacher’s written permission, may consult the teacher’s personal file.

 

5-6.18

The only evidence that may be used against a teacher during arbitration shall be that found in the teacher’s personal file in accordance with this article.

 

5-6.19

Pursuant to Article 9-2.00, the union may contest both the grounds and the procedure for a disciplinary measure defined in clause 5-6.01.

 

Section C – Transitional Measures

 

5-6.20

Any disciplinary measure issued prior to the coming into force of this article shall be governed by the provisions of the agreement in force at the time it was issued, unless the board and union agree otherwise.

 

5-7.00 DISMISSAL
5-7.01

The board may only terminate a teacher’s contract of engagement for one of the following reasons: incapacity, negligence in the performance of his or her duties, insubordination, misconduct or immoral behaviour.

 

5-7.02 The board or the principal may relieve the teacher temporarily of his or her duties, with or without total salary.
5-7.03

The teacher and the union must be informed by written notice sent by registered or certified mail, by fax, by email or delivered by hand or bailiff of:

 

a)   the board’s intention to terminate the teacher’s engagement;

 

b)   the date on which the teacher was or will be relieved of his or her duties;

 

c)   the basic facts, for information purposes, and the reasons supporting the intention to dismiss the teacher, without prejudice. No objection may be based on the insufficiency of the facts provided.

 

5-7.04

As soon as the union is notified, it may investigate and make the representations it deems necessary.

 

5-7.05

A teacher’s contract of engagement may only be terminated between the fifteenth (15th) and the thirty-fifth (35th) day from the date on which the teacher was relieved of his or her duties, unless the board and the union agree in writing on an extension of the time limit.

 

The contract may be terminated only after deliberations at a meeting of the board’s council of commissioners or executive committee.

 

5-7.06 At least twenty-four (24) hours before the meeting is held, the union shall be notified of the date, time and place where the decision to terminate or not the engagement shall be made. The union and the teacher concerned may intervene and be present during the vote at the public meeting. The union and the board shall determine the terms and conditions of the intervention.
5-7.07 Within three (3) workdays of the board’s decision, the board shall send a notice to the teacher and the union by registered or certified mail, by fax, by email, or delivered by hand or bailiff of its decision to terminate or not the teacher’s contract of engagement and, as the case may be, of the date on which the teacher resumed or is to resume his or her duties.
5-7.08

If the board does not terminate the contract of engagement within the time limit prescribed, the teacher shall regain all his or her rights, including total salary, as though he or she had never been relieved of his or her duties.

 

5-7.09

In the case where criminal action is taken against the teacher and the board considers that the nature of the accusation causes it serious prejudice as an employer, it may relieve the teacher of his or her duties without total salary until the conclusion of his or her trial. The time limit prescribed in clause 5-7.05 shall begin as of the date on which the teacher informs the board that he or she has received a judgment; such notification must be given within twenty (20) days of the date on which the judgment was issued.

 

5-7.10

The board agrees not to invoke the absence of legal qualifications to terminate the contract of a teacher engaged as such.

 

5-7.11

Should the union wish to submit a grievance, it must do so in accordance with article 9-2.00.

 

5-7.12

The arbitrator hearing the grievance shall decide whether the procedure prescribed for the dismissal was followed and whether the reasons given by the board in support of such a dismissal constitute one of the reasons for termination specified in clause 5-7.01.

 

The arbitrator may modify or annul the board’s decision if the procedure prescribed was not followed or if the reasons for dismissal are not justified or do not constitute sufficient cause for dismissal, may order that the teacher in question be reinstated in his or her duties and may determine, if need be, the amount of the compensation to which he or she is entitled.

 

5-8.00

NON-RE-ENGAGEMENT

5-8.01 This Article applies to regular teachers only.
5-8.02 The board may decide to non-re-engage a teacher for one of the following reasons only: incapacity, negligence in the performance of his or her duties, insubordination, misconduct, immoral behaviour and surplus of personnel within the framework of Article 5-3.00.
5-8.03 The union must be informed no later than May 15 of each year, by means of a list to this effect, sent by registered or certified mail, by fax, by email, or delivered by hand or bailiff, of the  board’s intention not to renew the engagement of one or more teachers. The board must also forward such a notice to the teacher concerned. However, this clause does not apply to non-re-engagement because of a surplus of personnel within the framework of Article 5-3.00.
5-8.04 As soon as the union receives the list, it may investigate and make the representations it deems necessary.
5-8.05

At least twenty-four (24) hours before the meeting is held, the union shall be notified of the date, time and place where the decision regarding non-re-engagement shall be made.

 

The union and the teacher concerned may intervene and be present for the vote during the public meeting. The board and the union may determine the terms and conditions of the intervention.

 

5-8.06

The board must, before June 1 of the current school year, send a written notice by registered or certified mail, by fax, by email, or delivered by hand or bailiff to the teacher concerned and the union of its decision not to renew the engagement of the teacher for the following school year. The notice must contain the reason or reasons justifying the board’s decision.

 

A decision concerning a non-re-engagement may be made at a meeting of the board’s council of commissioners or executive committee only.

 

5-8.07

The union may, if it claims that the procedure provided for in this article was not followed, submit a grievance to arbitration in accordance with Article 9-2.00.

 

5-8.08

The union may, if it contests the reasons given by the board, submit a grievance to arbitration in accordance with Article 9-2.00, but only if the teacher has been in the employ of the board, a school administered by a government ministry or another educational institution designated by the Minister, in which he or she held, with the same employer, a pedagogical or educational position for two (2) periods of one hundred and sixty (160) workdays or more or, if there were a change in employer, three (3) periods of one hundred and sixty (160) workdays. Each period must fall in a distinct year of engagement included in a continuous period not exceeding five (5) years.

 

5-8.09

The arbitrator hearing the grievance shall decide whether the procedure prescribed for the non-re-engagement was followed and, where applicable, whether the reason or reasons given by the board in support of the non-re-engagement constitute one of the reasons for non-re-engagement mentioned in clause 5-8.02.

 

The arbitrator may annul the board’s decision if the procedure prescribed was not followed or if the reason or reasons for non-re-engagement are not well-founded or do not constitute sufficient cause for non-re-engagement, may order that the teacher in question be reinstated in his or her duties and may determine, if need be, the amount of the compensation to which he or she is entitled.

 

5-8.10

The lack of legal qualifications may not be invoked against a teacher who has met, within the time limits prescribed, the conditions set for obtaining the legal qualifications but who has not produced the required documents due to an administrative delay not attributable to her or him.

 

5-9.00

RESIGNATION AND BREACH OF CONTRACT

Section A – Resignation

5-9.01

The teacher shall be bound by his or her contract of engagement for the duration specified therein. However, the teacher may resign from the board without penalty fifteen (15) workdays after notifying the board. The teacher may resign prior to the expiry of the time limit, provided the board engages a replacement for the teacher.

 

In the case of a resignation submitted between June 15 and the first workday of the school year, the time limit is fifteen (15) days.

 

Section B – Breach of Contract

 

5-9.02

When a teacher does not report to the principal or does not assume the duties to which he or she is assigned and fails to give valid reasons for the absence within five (5) workdays from the beginning of the absence, the absence and failure to give valid reasons constitute a breach  of contract, retroactive to the date of the beginning of the absence.

 

There is no breach of contract if the teacher does not give valid reasons within the time limit prescribed due to physical or mental incapacity or due to circumstances beyond his or her control, proof of which shall be the responsibility of the teacher.

 

5-9.03 A teacher who is on a leave without salary that terminates at the end of a school year and who fails to give notice of his or her intention to resign within the time limit specified in clause 5-9.01 shall be considered as returning to work. However, the teacher who does not return to  his or her position on the first workday of the school year during which he or she must return to work shall be in breach of contract as of the second workday of that same year.
5-9.04

The fact that a teacher uses his or her leave of absence without salary for purposes other than those for which he or she obtained it may constitute a breach of contract as of the beginning of the leave, unless there is an agreement between the teacher and the board.

 

5-9.05 Failure on the part of a teacher to signify, under clause 5-7.09, that a judgment has been rendered in his or her case within the time limit specified in that clause constitutes a breach of contract by the teacher, commencing from the date on which he or she was relieved of his or her duties.
5-9.06

In the case of a breach of contract within the meaning of clause 5-9.02, 5-9.03, 5-9.04 or 5-9.05, the contract shall not be terminated automatically. Such a breach of contract shall constitute a reason for dismissal and shall have the effect of allowing the board to terminate a teacher’s contract of engagement according to the procedure prescribed in clauses 5-7.03, 5-7.04 and 5-7.06.

 

5-9.07 Such termination is retroactive to the date specified in clauses 5-9.02 to 5-9.05.
5-9.08

Such a breach of contract cannot result in the cancellation of payment to a teacher of any amount owing under the agreement.

 

5-11.00

REGULATIONS REGARDING ABSENCES

5-11.01

Except as provided for in this agreement, the teacher shall be present for all days in the teacher’s work year in accordance with Article 8-5.00.

 

5-11.02

The requirement of a teacher reporting to and/or being present in her/his school/centre shall be waived only if one or the other of the following conditions applies:

 

a)   When the school/centre is declared closed by the board before the start of classes in the morning, it shall be the teacher’s responsibility to make sure that her/his school/centre has been declared closed.

b)   When an entire school/centre is closed by the board during the regular school day, a sufficient number of teachers shall remain on duty to supervise the dismissal or the relocation of the students. The remainder of teachers may leave the school/centre with the authorization of the principal. No teacher shall be required to remain on duty beyond the normal dismissal time of the students.

5-11.03 The Teacher Council Chairperson and the union delegate or representative shall meet with the principal when, in their opinion, the school/centre building or a  portion of the building has become uninhabitable, necessitating the cancellation or relocation of classes or the closure of the entire school/centre. In so doing, the examples listed in Appendix L-I shall serve to guide their decision.
5-11.04 A teacher unable to report for duty shall endeavour to give notification beforehand to the authority designated by the principal and report the reason for the absence upon her/his return to work on the Certificate of Absence Form.
5-11.05 In the event that the board does not accept the reason provided in clause 5-11.04, it shall advise the teacher of the reason within the ten (10) days following her/his return to work.
5-11.06 If a principal or the board requires a teacher to leave the school/centre premises in order to seek medical treatment when circumstances are such that, in the best interests of all concerned, this course of action is deemed advisable, the union delegate shall be advised of this decision. In the absence of the union delegate, the union shall be advised immediately.
5-11.07 A principal who, with due regard for the provision contained in clause 5-11.06, requires a teacher to leave the school/centre premises, shall be required to send immediately to the Human Resources Department a written statement, giving the reason for such action. Upon receiving said statement, the board shall forward a copy to the union.
5-12.00 CIVIL RESPONSIBILITY
5-12.01 This article also applies to casual supply teachers, teachers-by-the-lesson and hourly paid teachers.
5-12.02 The board shall undertake to assume the case of every teacher whose civil responsibility might be at issue during the actual performance of his or her duties during  the workday or outside the workday when the teacher is carrying out activities specifically authorized by the principal. The board agrees to make no claim against the teacher in this respect, unless a teacher has been found guilty of serious fault or gross negligence by a court of law.
5-12.03

As soon as the legal responsibility of the board has been established by a court of law, the board shall indemnify every teacher for the total or partial loss, theft or destruction of personal belongings which by their nature are normally used in or brought to school, unless the teacher has shown gross negligence which has been established by a court of law.

 

However, in the case of theft due to breaking and entering, or of destruction due to acts of God, such as a fire, the board shall indemnify the teacher even if its legal responsibility has not been established. In the event that such loss, theft or destruction is already covered by insurance held by the teacher, the compensation paid shall be equal to the loss actually incurred by the teacher.

 

5-14.00

SPECIAL LEAVES

 

In accordance with clause 10-11.01*, the board and the union agree that clause 5-14.02* shall be replaced, for all legal purposes, by the following clause so that the annual maximum of eight (8) days may be used as follows:

 

 

5-14.02

a)    A maximum of five (5) workdays in not more than two blocks, including the day of the funeral or memorial service such as cremation, interment of ashes, etc. shall be granted in the event of a death in the teacher’s immediate family (spouse, child, spouse’s child, parent, legal guardian, grandparent, parent-in-law, son/daughter-in-law, sibling, brother/sister-in-law, grand-child, or any person permanently domiciled in the home of the teacher at the time of death) and one (1) workday to attend the funeral of a member of the teacher’s extended family (aunt, uncle, niece, nephew, godparent or godchild, first cousin).

 

b)    A delegation of teachers, the maximum number to be determined by the principal,  to attend the funeral or memorial service in accordance with paragraph (a), in the event of the death of a staff member or student.

 

c)   In the event of a serious illness of the teacher’s spouse, child, parent, or spouse’s child – two (2) days. When days are consecutive, the teacher must support his or her absence with the appropriate documentation. The cost of the documentation, if any, shall be borne by the board. Additional days shall be granted when the benefits provided for in clause 5-13.30* have been exhausted, in which case, subparagraph (e) below shall not apply.

 

d)    In the event of the hospitalization, surgery, or medical intervention performed on  a teacher’s spouse, child, parent or spouse’s child – one (1) day per school year. The teacher must support his or her absence with the appropriate documentation. The cost of the documentation, if any, shall be borne by the board.

 

e)   To cover any event considered as an Act of God (unavoidable circumstances such as fire, flood, disaster) which obliges the teacher to be absent from work – three (3) days which may be taken in half days in the event of impassable roads, mechanical failure, collision, or transit system delays. The teacher must support his or her absence with the appropriate documentation.

 

f) The day of the baptism or the brith of a child.

 

g)   The day of the wedding of the teacher’s parent, sibling, child, spouse’s child, or grandchild.

h)  A maximum of seven (7) consecutive days, workdays or not, including the day of the teacher’s wedding.

 

i) The day of taking the habit, ordination, taking of the perpetual vows of the teacher’s child or sibling.

 

j) A maximum of three (3) days for the teacher’s professed religion provided these days fall on a workday and that the board is notified in advance. The three (3) days that have been approved are automatically renewed each year. Should the days requested not fall on a workday, additional days shall not be granted.

 

Teachers must submit to the board the request form provided by the employer when they are hired, when the current local agreement becomes effective or if they have changed religion.

 

If the board does not recognize a specific holy day, it shall so inform the teacher not later than ten (10) days after the teacher has submitted the form.

 

k)   The day a teacher is moving from his or her residence – one (1) day – if the move takes place during a workday.

 

l) The day of the university graduation of the teacher, the teacher’s spouse, or the teacher’s child – one (1) day.

 

m) For an appointment with a dentist, when this appointment cannot be held outside the teacher’s workday – one (1) day that may be taken in half-days. The teacher must support his or her absence with the appropriate documentation. The cost of the documentation, if any, shall be borne by the board.

 

n) For an appointment for the teacher to obtain his or her Canadian citizenship, when this appointment cannot be held outside the teacher’s workday – one (1) day. The teacher must support his or her absence with the appropriate documentation. The cost of the documentation, if any, shall be borne by the board.

 

o)  One (1) day per year to assume a non-medical responsibility related to the security or physical well-being of the teacher’s aging or infirm parent. The teacher must support his or her absence with the appropriate documentation. The cost of the documentation, if any, shall be borne by the board.

 

p)    For  circumstances not  covered in the above sections, a  teacher may choose to take the days remaining to his or her credit under the present clause in accordance with the following conditions:

 

i) The teacher advises the principal of her/his intention to benefit from this provision at least forty-eight (48) hours in advance.

 

ii) The leave is taken in full days.

 

iii)   The teacher agrees to reimburse the board by way of a payroll deduction at the rate provided in clause 6-6.03 (a)*, to which is added the cost of fringe benefits.

 

iv)  If a pedagogical day is included in the leave of absence taken in accordance with this clause, permission of the principal is required.

 

5-15.00 NATURE, DURATION, TERMS AND CONDITIONS OF LEAVES OF ABSENCE WITHOUT SALARY AS WELL AS INHERENT RIGHTS AND OBLIGATIONS EXCLUDING LEAVES PROVIDED FOR UNDER UNION PREROGATIVES, PARENTAL RIGHTS AND LEAVES FOR PUBLIC OFFICE
5-15.01

a) The board shall grant, upon written request, a leave of absence without pay for one (1) contractual year or the balance of a year, or a part-time, part-pay leave of absence for a specified period not exceeding one (1) contractual year:

 

1)   for distressful personal and/or family circumstances deemed valid by the board;

 

2)   for the purposes of full-time or part-time study. The full-time or part-time leave without salary of a teacher registered into a recognized university program shall be renewed on an annual basis upon presentation of proof of registration and official transcripts;

 

3)   to care for the teacher’s child not eligible for kindergarten;

 

4)   in the case of extended illness of the teacher following the exhaustion of all sick leave benefits;

 

5)   for any reason, when such leave permits a reduction in the number of teachers on surplus or assigned to regular substitution;

 

6)   when the  teacher’s spouse changes  his or her place of employment  requiring a change of residence in excess of fifty (50) kilometres;

 

7)   to the teacher who has not benefited from a full-year leave without salary from the board during the preceding six (6) school years.

b) The board shall grant, upon written request, a non-renewable leave of absence without pay for the purpose of filling a position temporarily with the board other than those foreseen in Article 5-5.00. The leave may not exceed June 30 of the school year if the temporary position begins before December 31. If the temporary position begins after December 31, the leave shall not exceed twelve (12) months in duration.

5-15.02

A teacher who requests a leave of  absence for an entire school year in accordance with clause 5-15.01 or clause 5-15.04, or an extension in accordance with clause 5-15.05, must do so  in writing prior to April 1 and indicate the reason. Use of a leave for purposes other than that for which he or she obtained it, except as provided in clause 5-15.04 (b), may constitute a breach of contract in accordance with clause 5-9.04.

 

5-15.03

Except for reasons covered under clause 5-15.01 (a) (1), a request for a leave of absence for less than one (1) full year shall normally be received by the board at least thirty (30) calendar days prior to the leave taking effect; if the leave ends before the end of a school year, the date of return must be agreed upon by the board and the teacher at the time the leave is granted.

 

5-15.04

a)   The school board may grant a leave of absence without pay for one (1) contractual year, or the balance of a year, or a part-time, part-pay leave of absence for a specified period not exceeding one (1) contractual year, for any reason it deems valid.

 

b)   If the reason for granting the leave in accordance with clause 5-15.01 ceases to be applicable, the teacher shall notify the board of the changed circumstances, following which the board and the teacher may agree to modify the leave or to cancel it without retroactive effect.

 

5-15.05

By March 1, the board shall send a letter to the last address given by the teacher on leave of absence asking the teacher to notify the board prior to April 1 of his or her intention to return to the service of the board or not for the following year.

 

5-15.06

The teacher who is on a leave of absence and who does not request an extension in accordance with clause 5-15.05 is deemed to be returning to the service of the board for the following school year.

 

5-15.07

The board shall notify each teacher who has requested a leave of absence or an extension to a leave of absence in writing by April 30 of the acceptance or rejection of his or her request.

 

5-15.08 The teacher whose request for a leave of absence or an extension to a leave of absence has not been accepted by the board may submit a request for review to the Labour Relations Committee within ten (10) days of receipt of the notice referred to in clause 5-15.07.
5-15.09

The teacher on leave of absence without salary shall:

 

a)    accumulate seniority in accordance with Article 5-2.00 and retain experience or accumulate experience in accordance with Article 6-2.00*;

 

b) remain covered by the health insurance plan in accordance with Article 5-10.00*. In addition, he or she may choose to remain covered by the other insurance plans, in which case he or she must inform the board in writing. The teacher on leave of absence for a full contractual year shall pay the full premium in advance in one payment or via four (4) equal quarterly instalments. For other leaves, the full premium must be paid in advance.

 

5-16.00 LEAVES OF ABSENCE FOR MATTERS RELATED TO EDUCATION
5-16.01

The teacher who is invited to give lectures on educational matters or to take part in activities (seminars, pedagogical committees, conventions, symposiums, pedagogical study sessions) dealing with education may, after having obtained the prior approval of the board, benefit from a leave of absence without loss of salary, with the rights and benefits the teacher would have received under this agreement had he or she actually been in the service of the board.

 

5-16.02 Clauses 5-16.03 to 5-16.05 apply  to a teacher called upon to participate  in an exchange program with other boards in Quebec, Canadian provinces or foreign countries within the scope of an agreement concluded between the board, the Government of Canada or the Government of Quebec and another board, a foreign government or another provincial government.
5-16.03 The teacher called upon to participate in an exchange program described in clause 5-16.02 shall, for the duration of the exchange, obtain a leave of absence without loss of salary, with the rights and benefits, excluding Chapter 8-0.00, that the teacher would have received under this agreement had he or she actually been in the service of the board.
5-16.04 The provisions of clause 5-16.03 apply to the preparation and evaluation meetings required for the exchange program.
5-16.05

Upon his or her return, the teacher shall be assigned duties in accordance with the provisions of this agreement.

 

5-18.00 TEACHER’S CONTRIBUTION TO A SAVINGS INSTITUTION OR CREDIT UNION
5-18.01 The union shall notify the board of its choice of a single savings institution or credit union for its members. It shall forward the board a standard deduction authorization form.
5-18.02 The board shall cooperate in facilitating this operation.
5-18.03 Thirty (30) days after the savings institution or credit union has sent the authorizations to the board, the latter shall deduct from each payment of salary of the teacher who has signed an authorization for such purpose the amount he or she has indicated as a deduction for deposit in the savings institution or credit union.
5-18.04 Thirty (30) days after a teacher has sent a written notice to this effect, the board shall cease to deduct the teacher’s contribution to the savings institution or credit union.
5-18.05 Amounts thus deducted at source shall be forwarded to the savings institution or credit union concerned within eight (8) days of their deduction.
5-18.06 The list of changes to be made in deductions shall be issued only between October 1 and 31 and between the first and the last day of February of each year.
5-21.00 ASSIGNMENT AND TRANSFER

Section B – Assignment and transfer procedure subject to criteria negotiated and agreed upon at the provincial level

 

5-21.09

The provisions of this Article shall apply only to regular teachers. For the purpose of application, the following definitions apply:

 

a) transfer – refers to a change in the teacher’s school;

 

b) assignment – refers to a teacher’s school and category;

 

c) re-assignment – refers to a change in category.

GENERAL PRINCIPLES

 

5-21.10

The board and the union agree to the following general principles:

 

a) it is normally preferable to assign a teacher to the same school/centre for the following school year unless the teacher wishes to transfer;

b) the teacher who is subject to a transfer or a reassignment shall have the right to return to the school/centre or category of origin, in accordance with this Article.

5-21.11

In the application of the assignment and transfer process, a teacher must meet the assignment criteria referred to in clause 5-21.05* and the particular requirements referred to in clause 5-21.06*.

 

 

OBLIGATIONS OF THE BOARD AND THE UNION

 

5-21.12 By March 1 of each school year, the board and the union shall meet to determine the timelines for the assignment and transfer process. A copy of the timelines shall be posted in each school/centre.
5-21.13

a)   By April 1, the board shall post in each school/centre a list of the teachers deemed assigned to the school/centre for the current school year. The list shall be drawn up by category in decreasing order of seniority. It shall contain the names of the regular teachers in service (excluding resignations and retirements), the names of the teachers on leave, with or without pay, as well as the teachers assigned to the school/centre as a result of the application of clause 5-3.09*.

 

b)   Following the application of clause 5-21.17, the board and the union shall meet to review the list of potentially excess teachers.

 

In order to respect the general principle of clause 5-21.10 a), the board shall offer to the most senior potentially excess teacher a full teaching load composed of the fractional need in his or her category greater than or equal to fifty percent (50%) with other fractional needs less than or equal to fifty percent (50%) in one or more of the other categories.

 

c)   Following the application of b) above, the board shall offer to the most senior potentially excess teacher a reassignment in his or her school/centre on the condition that there is a full teaching load [one hundred percent (100%)] to be filled in a given category to be filled and that there is no potentially excess teacher with greater seniority in that category at the board level.

 

OBLIGATIONS OF THE PRINCIPAL AND TEACHERS

 

5-21.14 By March 1 of each year, the principal shall request the input of the Teacher Council in accordance with clauses 4-1.02 and 4-2.06 (20).
5-21.15 Between the date of the request in clause 5-21.14 and the presentation of a tentative organizational plan referred to in clause 5-21.16, the principal will inform the Teacher Council of all changes concerning the programs of studies as well as any projections in student enrolment or other relevant data that might help the Teacher Council make recommendations to the principal.
5-21.16

By March 31, the principal shall submit a tentative organization plan for the coming school year to the Teacher Council in accordance with Appendix L-II.

 

5-21.17 By  April  15, the principal shall notify in writing the teacher who is potentially excess because a full teaching load [one hundred percent (100%)] in his or her category is not foreseen for the following school year. A copy of the notice shall be submitted to the board and the union.
5-21.18 Before April 30 of each school year, the principal shall inform in writing the teacher(s) who remain in excess following the application of clause 5-21.13. A  copy of this notice is forwarded to the board and to the union.
5-21.19  

Within five (5) days of receiving the name(s) of the teachers who are declared excess at the school level, the board shall forward to the union a list of the teachers concerned. The list shall be drawn up by category, by seniority, and indicate the school of origin.

ASSIGNMENT AND TRANSFER OF TEACHERS
5-21.20

In accordance with the timelines established in clause 5-21.12, the board shall:

 

a)    post in each school and on its website a provisional list of needs that remain to be filled for the following school year. The needs shall be identified by school and by category, along with pertinent information (subjects, levels, cycles, etc.), as well as any particular requirements, if applicable.

b)   following the posting of the provisional needs, convene the teachers declared in excess according to clause 5-21.18 to a meeting with at least five (5) workdays written notice indicating the date, time and  place. The union shall receive a copy of the notice of meeting at the same time and shall have the right to be present at the meeting. The teacher who is unable to attend because of circumstances beyond his or her control shall so notify the board and the union at least forty-eight (48) hours prior to the meeting.

5-21.21

The meeting referred to in clause 5-21.20 shall be conducted in two (2) steps in the following order of priority:

 

a)   to choose a full post [one hundred percent (100%)] in the same category, proceeding in decreasing order of seniority,

 

i) the teacher shall choose a full post [one hundred percent (100%)] in his or her category; or

ii) the teacher shall choose the fractional need in her/his category if it is greater than or equal to fifty percent (50%) and complement it with other fractional need(s) less than or equal to fifty percent (50%) in one or more of the other categories; or

 

b)   to choose a full post [one hundred percent (100%)] in another category, proceeding by decreasing order of seniority,

 

i) the teacher chooses a full post [one hundred percent (100%)]  for which she/he is qualified; or

ii) the teacher chooses a full post [one hundred percent (100%)] composed of fractional needs from different categories.

 

5-21.22

The excess teacher assigned in accordance with clause 5-21.21 shall have her/his choice confirmed in writing by the board. The union shall receive a copy.

 

5-21.23 If, following the application of clause 5-21.21, a teacher remains excess, the board shall carry out the displacement in accordance with clause 5-3.15* by category, beginning with the most senior not identified teacher in accordance with clause 5-3.11* and displacing the least senior teacher in the category who was identified in accordance with clause 5-3.11*.
5-21.24 If, following the application of clause 5-21.23, a teacher remains excess, the board shall carry out the displacement in accordance with clause 5-3.16* beginning with the most senior not identified teacher in accordance with clause 5-3.11* and displacing the least senior teacher who was identified in accordance with clause 5-3.11*.
5-21.25

The teacher who remains excess after the application of Article 5-21.00 shall be subject to the application of clause 5-3.23*.

 

 

RIGHT OF RETURN

 

5-21.26

In accordance with clause 5-21.10 (b), if a full-time post becomes vacant or if a new position is created between June 1 and the first day during which the students are present in school, the excess teacher who was transferred or reassigned as a result of the application of this article shall  have the right to return to her/his school and category of origin if the teacher notifies the board in writing by June 15 of her/his desire to do so. This right shall be exercised by category of origin and by order of seniority.

 

VOLUNTARY TRANSFERS AND REASSIGNMENTS

 

5-21.27

Following the application of clauses 5-21.22, 5-21.23, and 5-21.24, the board shall post on its website the list of needs that remain to be filled for the following school year.

a) During a first round of voluntary transfers, the board shall invite applications for reassignment to another category within the school or at another school according to their qualifications.

 

If there is only one application, the request is granted so long as the teacher meets the requirements of clause 5-21.11. When there is more than one candidate, the principal shall select a candidate following a round of interviews and make a recommendation to the Human Resources Department which shall approve the reassignment. Teachers within the school who apply shall be given priority over applicants from other schools.

 

Following application of clause 5-21.27, the board, in presence of the union, shall grant the following voluntary transfers:

 

i) When only one employee applies for a post, the voluntary transfer is granted.

 

ii) When two or more employees apply for a post, the principal invites each candidate for an interview and makes a recommendation to the board.

 

iii) Based on the recommendation specified in paragraph iii), the board grants the transfer.

 

iv) The board notifies each candidate, in writing, if his or her voluntary transfer request has been accepted or refused. A copy of the notice is forwarded to the union.

 

b) A second round of voluntary transfers shall be organized in accordance with the following parameters:

 

  • A meeting shall be held on one evening of the week, not later than June 5 of each school year.

  • Teachers shall register for the meeting one week before the day of said meeting.

  • The board shall proceed by seniority. The teacher with the most seniority shall obtain the position so long as he or she meets the requirements of clause 5-21.11.

  • The position left vacant by the teacher who obtained the transfer is placed at the bottom of the list and offered later on during the same meeting.

  • The participation of a teacher in the process shall cease as soon as he or she has obtained a transfer.

  • The teacher may waive his or her right to choose a position and wait for the second list to be presented during the same meeting.

  • The meeting shall go on for as long as teachers exercise their right to claim a transfer.

5-21.28

Voluntary mobility and exchange of positions:

 

Should two full-time teachers in the employ of the board wish to exchange their respective positions, they shall submit a joint written request to this effect to the Human Resources Department no later than June 1 of the current school year.

 

The following conditions shall apply:

  • The exchange must be in the same category or in another category while respecting clause 5-21.05*.

  • The exchange is subject to the approval of both school principals concerned.

  • The response shall be given no later than June 20 of the current school year.

  • The exchange shall take effect the following school year.

 

Once the exchange has been approved by the Human Resources Department, the mobility agreement found in Appendix V must be completed by the parties concerned.

 

5-21.29

a) The teacher’s school cannot be modified after October 15 except with his or her written consent.

 

6-0.00 REMUNERATION OF TEACHERS

6-0.00

REMUNERATION OF TEACHERS

6-8.00 PAYMENT OF SALARY
6-8.01

The salary instalments provided for in clause 6-7.01* shall be made by the board by direct transfer to the banking institution designated by the teacher.

 

6-8.02 With each salary instalment, the board shall provide each teacher with a pay slip in the individual’s board email account at the same time that the deposit is made.
6-8.03

In the event of a payroll error:

 

a)   If a scheduled instalment is not made on schedule, or in the event of an underpayment equal to or more than fifty percent (50%) of the net pay of a regular instalment, the board shall issue a manual advance corresponding  to at least ninety percent (90%) of the regular net payment, within twenty-four (24) hours of the error being discovered by or reported to the board. The board shall make all required adjustments with the next regular salary instalment.

 

b)   If there is an underpayment of more than ten percent (10%) but less than fifty percent (50%) of the net pay of a regular instalment, when the error is discovered by or reported to  the board within five (5) workdays from the date of the payment, the board shall make all required adjustments with the next regular salary instalment.

 

c) If there is an underpayment of more than ten percent (10%) but less than fifty percent (50%) of the net pay of a regular instalment, when the error is discovered by or reported to the board after five (5) workdays from the date of the payment, the board shall make  all required adjustments not later than the second regular salary instalment following the date of the error.

 

d)  If there is an underpayment of ten percent (10%) or less of the net pay of a regular instalment, following the error being discovered by or reported to the board, the board shall make all required adjustments not later than the second regular salary instalment following the date of the error.

 

e)   If a teacher still in service has been overpaid, the teacher and the board shall agree to the  mode of reimbursement prior to any recovery being done. Failing agreement, the amount to be recovered with each salary instalment shall not exceed ten percent (10%) of the bi-weekly net salary.

f) Notwithstanding (e) above, the board retains the right to recover any overpayment on June 30 or at the termination of the teacher’s contract or period of employment.

6-8.04

The compensation provided for in clause 8-4.01 (g)* is payable twice yearly in the following manner:

 

a) with the last salary instalment in January for the period from the beginning of the school year to December 31;

 

b) with, at the latest, the last salary instalment in June for the period of January 1 to June 30.

 

6-8.05

The compensation provided for in clause 8-12.12.08 shall be paid by the last salary instalment in June.

6-8.06 Adjustment or deductions other than those that are routine must be accompanied by a textual explanation on the pay stub. Before implementing a pay cut, the teacher shall receive a written notice that includes the details, the reasons, and the date on which it shall take place.
6-8.07 Salary owed to teachers who work as casual supply teachers or by the hour shall be paid within the three (3) weeks that follow the week in which the remuneration was earned.
6-8.08

The salary owed to cooperating teachers shall be paid not later than December 15 of the following school year.

 

7-0.00 PROFESSIONAL IMPROVEMENT SYSTEM

7-0.00

PROFESSIONAL IMPROVEMENT SYSTEM

7-2.00 PROFESSIONAL IMPROVEMENT (SUBJECT TO THE AMOUNTS ALLOCATED AND THE PROVINCIAL PROFESSIONAL IMPROVEMENT PROGRAMS)
7-2.01 The board and the union shall form a Professional Improvement Committee (PIC) on a parity basis, in accordance with clause 7-1.04*.
7-2.02

The Committee shall serve two purposes:

 

1)   to develop policies for the professional improvement of teachers;

 

2)   to administer a system for the disbursement of funds in accordance with clause 7-1.01* and the System of Professional Improvement agreed to by the Committee.

 

7-2.03 The Professional Improvement Committee shall be composed of eight (8) members. The board shall appoint four (4) and the union shall appoint four (4).
7-2.04 Before September 30 of each year, notice of appointment shall be given by the respective parties. Before October 15 of each year, the first meeting of the Committee must be convened, at the call of either party. The committee shall meet at least four (4) times during the school year.
7-2.05 Should a member of the PIC be temporarily [for less than two (2) months] unable to perform her/his duties, her/his place shall be filled by the alternate designated by the board or the union,  as the case may be. Should a member of the Professional Improvement Committee resign or be unable to perform her/his duties for an extended period, the party which appointed her/him, shall provide a permanent replacement for her/him.
7-2.06 At its first annual meeting, the Professional Improvement Committee shall appoint a Chairperson and a Secretary from among its  members. One (1) representative of the board and one (1) representative of the union shall occupy these two (2) posts alternately from year to year.
7-2.07 The Professional Improvement Committee shall adopt its rules of  internal procedure. However, these rules shall ensure that voting is on a parity basis. Six (6) members shall constitute a quorum at a Professional Improvement Committee meeting provided that each party is represented by three (3) duly authorized members.
7-2.08 The chairperson shall make sure that the members of the Committee have received all relevant documents at least five (5) days before the meeting.
7-2.09 Before April 1 of each school year, the Professional Improvement Committee must forward to the board and the union its decisions concerning a System of Professional Improvement for the following school year, in accordance with clause 7-1.04*.
7-2.10 The board shall distribute to the teachers within fifteen (15) days of its approval by the board, the System of Professional Improvement in accordance with clause 7-1.04*.
7-2.11

It shall be the responsibility of the board to maintain the financial records of the Committee and  to make these available to the Committee before September 30 of each year and within ten (10) days following the end of each month for the balance of the school year.

 

7-2.12

It shall be the responsibility of the Committee to advise all applicants of the status of their applications within five (5) days of the decision being made.

 

7-2.13

The board shall provide the secretarial services required to record and type the Committee minutes as well as the correspondence which may arise as a result of the application of this article. The board also handles all reimbursements.

 

7-2.14

Reimbursement to the teachers for courses approved by the Professional Improvement Committee shall be paid by the board upon proof of successful completion.

 

8-0.00 THE TEACHER’S WORKLOAD AND ITS ORGANIZATION

8-0.00

THE TEACHER’S WORKLOAD AND ITS ORGANIZATION

8-5.00 DURATION OF WORKING TIME
8-5.01

a) The teacher’s work year shall begin prior to September 1 but not earlier than August 24 and end not later than the following June 30. It shall comprise two hundred (200) workdays and make provision for at least one hundred and eighty (180) days of instruction.

 

b) The work year shall include a Christmas break comprising at least ten (10) weekdays and a spring break comprising at least five (5) weekdays starting on the last Monday in February or the first Monday in March.

 

c) The calendars applicable to all schools shall incorporate the following:

 

i) the placement of at least three (3) pedagogical days prior to the start of classes;

 

ii) the placement of other pedagogical days throughout the year to meet the needs of the school, including the day of the Quebec Provincial Association of Teachers’ Convention;

 

iii)   twenty (20) pedagogical days, of which five (5) are moveable, are provided in all schools during the years when curriculum reform is being implemented. Notwithstanding the above, where transportation is assumed by another board, the five moveable pedagogical days do not necessarily apply;

 

iv)  in the adult education and vocational training sectors, eleven (11) pedagogical days per year.

 

d)   By November 15 of each year, the union and the board shall meet to begin the process of negotiating calendars for all schools/centres for the following year.

 

e)   The board and the union shall meet at the request of either party to discuss problems that may arise in the application of subclause (b) in areas where the board is not directly responsible for the transportation schedule.

 

8-5.02.0 Distribution in the calendar year of the workdays within the work year excluding the determination of the number of workdays and period covered by the work year.
8-5.02.1

The union and the board will meet to negotiate the calendars for all schools/centres for the following school year.

 

8-5.02.2

Once the parameters of the calendar are set according to clause 8-5.01, the placement of non-moveable board-wide pedagogical days and the programming of activities for those board-wide days shall be the subject of consultation in accordance with clause 4-3.07 (10).

 

8-5.02.3

The scheduling of moveable pedagogical days and the program of activities for  non-board-wide pedagogical activities including the fixed in-school pedagogical days, shall be the subject of consultation in accordance with clause 4-2.06 (7).

 

8-5.02.4

The length of a pedagogical day is of five (5) hours, excluding the meal break provided for in the collective agreement. Work hours are determined par the principal within the parameters of clause 8-6.06.2 to accommodate the training activities that are planned during the pedagogical days, in accordance with the consultation required in clause 4-2.06 (7).

 

8-6.00 WORKWEEK
8-6.06 Terms and conditions for the distribution of working hours
8-6.06.1 The teachers’ workweek shall comprise five (5) days from Monday to Friday.
8-6.06.2

a) The principal of the school shall, in consultation with the Teacher Council (clause 4-2.06 [13]), set the times for the beginning and ending of the students’ regular instructional timetable. This time shall not be set in a manner that shall cause any teacher’s workday to begin prior to 08:30 or end later than 16:30. However, should the Teacher Council so request, these hours may be adjusted to 08:00 and 16:00 respectively.

 

b) Notwithstanding the above, the workday of a teacher assigned to a school in Appendix L-III shall not begin prior to 08:00  (elementary) and 07:45 (secondary) nor end later than 16:00 and 15:45 respectively, except as otherwise specified within said appendix.

 

c) The teacher who starts or ends his or her workday outside the framework established in paragraphs (a) and (b) above in order to provide supervision in accordance with clause 8-7.02 (b)* shall have that time recognized in accordance with clause 8-6.06.4.

 

d) The board and the union shall meet, at the request of either party, specifically to discuss transportation or student security issues which may arise in areas where the board is not directly responsible for the transportation schedule as well as any  modification which may arise from the application of this clause.

 

8-6.06.3

Within the workweek, the teacher is obliged to be present at the assigned place of work for a total of twenty-seven (27) hours of work per week, or the equivalent.

 

The twenty-seven (27) hours of presence shall be determined in the following manner:

 

a)  At the beginning of the school year, the principal shall assign an individual schedule stipulating those times when the teacher is required to be present in school.

 

In order to take into account individual teacher preferences, the principal shall agree to meet the teacher to discuss redistribution of the assigned time within this schedule provided that a request is made by the teacher within ten (10) days of the receipt of the scheduleé

 

b)   At the pre-school and primary levels, the teacher may be required to be present during the regular pupil timetable and for supervision duties assigned in accordance with clause 8-12.07. Any block of non-presence time shall be of at least thirty (30) minutes’ duration.

 

c)    For an itinerant teacher, the board shall take into account in the determination of his or her twenty-seven (27) hours of presence, the fact that the teacher must travel from one school to another.

 

d)  The teacher is advised of a temporary change in the distribution of the twenty-seven (27) hours of presence, by a written notice received forty-eight (48) hours before the temporary change is to occur.

 

e)  Moreover, if a change of a permanent nature is involved, the teacher must have been consulted, and failing agreement, written notice of the change shall be given at least five (5) days before the change is to occur.

 

8-6.06.4  

a) The functions undertaken by members of the Teacher Council are recognized as one (1) hour of work per week within the 27 hours of assigned work provided for in clause 8-6.02 (a) (i)*.

b) The participation of teachers on the Governing Board is recognized as personal work. For the duly elected teacher representative, a standard of 60 minutes of personal work per week for a five (5) day cycle, 72 minutes for a six (6) day cycle, and 108 minutes per week for a nine (9) day cycle is applied.

 

c) The time spent in the first ten (10) group meetings and the first three (3) meetings with parents is recognized as personal work as follows: 60 minutes of personal work per 5-day cycle; 72 minutes of personal work per 6-day cycle; and 108 minutes of personal work per nine (9) day cycle.

 

d) The functions undertaken by members of the School Level Special Needs Committee as per clause 8-9.05* are recognized as one (1) hour of personal work weekly within the framework of clause 8-6.02 (a) (ii)*.

 

e) The time spent carrying out approved extracurricular activities is recognized as personal work as follows:

 

Credits (8-12.12.01)

5 day cycle

6 day cycle

9 day cycle

15

60 minutes

72 minutes

108 minutes

30

90 minutes

108 minutes

162 minutes

45

120 minutes

144 minutes

216 minutes

60

150 minutes

180 minutes

270 minutes

75

180 minutes

216 minutes

324 minutes

90

240 minutes

288 minutes

432 minutes

 

8-7.00

WORKLOAD

8-7.07 Supervision of the arrival and dismissal of pupils and of the movement of pupils not included in the workload
8-7.07.1

The elementary school teacher shall ensure the supervision of his or her students during the following periods:

 

a)   the time before the beginning of the first class in the morning and afternoon;

 

b)   the movement of students between classes;

 

c)   the time following class in the morning and afternoon.

 

8-7.07.2

The secondary school or vocational centre teacher shall effectively ensure the supervision of students on school premises during the following periods:

 

a)   the time before the beginning of the first class in the morning;

 

b)   the period of time between classes designated as “passing time”;

 

c)   the time following the ending of the students’ timetable in the afternoon.

 

8-8.00

SPECIAL CONDITIONS

8-8.03.1

The teacher shall be entitled to an uninterrupted period of at least fifty (50) minutes for her/his lunch, excluding travelling time for an itinerant teacher. This lunch break shall begin between 11:15 and 13:30. The school or centre may present a request to modify these hours in accordance with the procedure in clause 4-2.10.

 

8-8.03.2 Notwithstanding clause 8-8.03.1, the itinerant teacher shall be entitled to an uninterrupted period of not less than fifty (50) minutes for her/his meal, exclusive of travelling time, unless the teacher waives this right in writing.
8-8.04 Group Meetings and Meetings with Parents
8-8.04.1

When the principal convenes teachers to staff meetings in accordance with clause 8-8.04.2 (b) (i), the following procedure shall be used:

 

a) At least five (5) workdays written notice shall be given of the meeting, except if such a meeting is held during the first week of the work year. The notice shall be posted in the teachers’ staffroom and distributed by email to all teachers.

 

b)   An agenda shall be posted in the school at least three (3) workdays prior to each meeting, copies being distributed by email to teachers.

 

c) The meeting should not normally extend more than one and one half (1.5) hours beyond the end of the scheduled students’ day.

d) The meeting allocated to particular staff groups by the principal in accordance with this clause shall be convened in the manner outlined in paragraphs (a), (b) and (c) above. In this case, the notice of the meeting must clearly define the particular groups of teachers being convened.

8-8.04.2

The board or the principal may convene the teachers for any group meeting held during the teachers’ work year, taking into consideration the following provisions:

 

a) The teacher shall be required to attend these meetings within the twenty-seven  (27) hours of presence provided for in clause 8-6.02* as well as during the times provided for in the  following paragraph (b); however, she/he shall not be obliged to attend group meetings on Saturdays, Sundays or statutory holidays.

 

b)    Outside the twenty-seven (27) hours of presence provided for in clause 8-6.02*, the teacher may not be required to attend during the work year more than:

 

i) ten  (10) group  meetings of teachers  convened by the board  or principal. These meetings must be held immediately after the dismissal of all students from school but may exceed the framework of the teacher’s workweek as provided for in clauses 8-6.02* and 8-8.04.1. For the purposes of applying this subparagraph, every meeting of a particular group of teachers such as those of the same grade, cycle, level, subject and school/centre shall be considered as a group meeting of teachers.

 

ii) three (3) meetings to meet parents. Such meetings shall normally be held in the evening, following the application of clause 4-2.06 (6). The maximum duration of each meeting shall be of three (3) hours.

 

Notwithstanding the foregoing, the principal and the Teachers Council may agree to other parent meetings without taking into account the framework of the teacher’s workweek as provided for in clause 8-6.02*. In such case, the teacher shall be compensated by a reduction in her/his twenty-seven (27) hours of presence equal to the duration of such meeting. Such compensation in time shall be taken at a time agreed upon by the principal and the teacher.

 

8-8.04.3 Teachers who are required to sit for examinations shall not be required to be present for the meetings scheduled in clause 8-8.04.2 provided that a notice justifying the absence is given to the principal three (3) days prior to the meeting.
8-8.05.0

Substitution

 

8-8.05.1

a)   In case of a teacher’s absence, the replacement shall be assumed either by a teacher on availability or by a teacher assigned in whole or in part to substitution. Failing this, the board shall, in the following order, call upon:

 

either

 

b)    a teacher who has not reached the maximum of his or her workload who volunteers so long as she/her can accomplish the entire workload of the absent teacher on the day in question;

 

c)   a casual supply teacher registered on a list maintained by the board for this purpose;

 

or

 

d)   the teachers of the school/centre who have reached the maximum of their workload and who wish to carry out substitution on a voluntary basis;

 

or

 

e) if none of the foregoing is available, the other teachers of the school/centre. To deal with such emergency situations, the principal, after consulting the Teacher Council in accordance with clause 4-2.06 (3), shall establish an emergency substitution system.

 

Except in the case where a teacher is assigned partially to substitution, the teacher shall be freed from the obligation to undertake such substitution within the emergency system as of the third consecutive day of a teacher’s absence.

 

 

 

8-12.00

DISTRIBUTION OF DUTIES AND RESPONSIBILITIES AMONG THE TEACHERS OF A SCHOOL/VOCATIONAL CENTRE

8-12.01

In distributing the duties and responsibilities among teachers, the principal, after consultation with the Teacher Council in accordance with clause 4-2.06, shall ensure the just and equitable distribution of the workload in accordance with clause 8-7.02*, while maintaining the teacher’s category. The just and equitable distribution of workload shall be based upon the following:

 

  • the teacher’s preferences and seniority

  • the pedagogical characteristics of the post

8-12.02

a) At the pre-school level, the presence schedule of teachers shall include preparation time of at least 150 minutes per week or the equivalent within their students’ timetable of 1410 minutes distributed in blocks of 30 minutes’ duration or more on different days during which the teacher shall not be assigned duties referred to in clause 8-7.02 (b)*.

 

b) At the elementary level (Cycles I to III), the presence schedule of teachers shall include preparation time of at least 150 minutes per week or the equivalent within their students’ timetable and distributed in blocks of thirty (30) minutes duration or more each day, unless this distribution poses an unreasonable constraint on the pedagogical organization of the school.

 

8-12.03

At the secondary level (Cycles IV and V):

 

a) The presence schedule of each teacher shall include a daily preparation period within the students’ timetable at least equal to the duration of the instructional period during which the teacher shall not be assigned duties referred to in clause 8-7.02 (b)*, unless he or she waives this right in writing prior to October 1.

 

b) The presence schedule of each teacher shall not require that he or she perform any of the duties referred to in clause 8-7.02 (b)* for more than one hundred and fifty (150) consecutive minutes unless he or she waives this right in writing. A period of recess shall not be considered as interrupting the continuity of these one hundred and fifty (150) minutes.

 

c) Notwithstanding the above, where the school had adopted an instructional timetable with teaching periods greater than 50 minutes, a recess of at least twenty (20) minutes duration or divided into two (2) blocks of at least ten (10) minutes each during which the teacher is not required to perform any of the duties referred to in clause 8-7.02 (b)* shall interrupt the continuity of these one hundred and fifty (150) minutes.

 

8-12.04

a) Between May 15 and June 5 of the school year, the principal must distribute a workload preference form to the teachers assigned to the school/centre for the following school year.

 

b) Each teacher must indicate specific preferences regarding the cycle, grade level and subjects for the following school year and submit this form to the principal once the voluntary transfer process is finished.

 

c) No later than June 20, the principal shall provide each teacher with a written provisional teaching workload for the following year. A copy of the workload preference forms shall be provided to the union no later than June 20.

 

d) Notwithstanding subparagraphs a) and b) of this clause and at the secondary level only:

 

i) After consulting the Teacher Council and the principal as provided for in clause 4-2.06 (1).

 

ii) Once the voluntary transfer process has been completed, the teachers of a department, including those being transferred to a school, shall meet to develop a joint recommendation proposal. When preparing this proposal, the teachers shall proceed to choose their respective courses starting, in round one, with the most senior teacher choosing one course first and the least senior choosing one course last and continuing the same process in subsequent rounds until each teacher has attained a full workload.

 

iii) The results must be submitted to the principal before June 10.

 

e)  In the provisional teaching workload at the pre-school and elementary levels, the grade level(s) and subjects shall be specified; at the secondary level, the subject(s), grade level(s), or specialty(ies), e.g., Mathematics 416, English 516, etc., and the number of periods, shall be specified; at the Vocational Centre, the program(s), the module(s) and the number of hours for each module shall be specified.

f)   The principal shall notify the teacher as quickly as possible if a modification of the provisional workload is required.

 

g)   The principal shall ensure that each teacher receives his or her workload at the start of each work year.

 

h)    The principal shall ensure that each teacher receives his or her official workload by October 15.

 

8-12.05

After October 15, the workload may only be modified with the consent of the teacher.

 

8-12.06

Following the application of clause 8-12.04 (g):

 

a)    The teacher who feels wronged by the distribution of duties and responsibilities may submit a  written complaint to the principal within three (3) workdays of the receipt of the official workload indicating the reasons for the complaint and the remedy requested.

 

b)   The principal shall, within three (3) workdays following the receipt of the complaint, meet with the teacher. If following the meeting, the teacher’s workload remains unchanged or the changes proposed by the principal prove to be unsatisfactory, the teacher may submit a written complaint to the Labour Relations Committee within three (3) workdays of the meeting with the principal.

 

c)    The Labour Relations Committee shall meet to study the complaint within five (5) workdays of its receipt and submit its recommendations to the principal and to the teacher within ten (10) workdays from the receipt of the complaint.

 

d)   The recommendation shall be implemented in its entirety unless the Committee is advised in writing within three (3) workdays of issuing the recommendation of the valid reason(s) for rejecting it.

 

8-12.07

In establishing the supervision schedule, the principal shall:

 

a)   consult with the Teacher Council in accordance with clause 4-2.06 in order to establish the supervision needs for the following school year. These  needs shall indicate the areas to be supervised and the times at which these areas are to be supervised, as well as the number of supervisors required;

 

b)   inform the teachers of the supervision needs, prior to September 1, so that each teacher may indicate a preference, both as to time and area. These preferences shall be taken into account when establishing the supervision schedule, in accordance with clause 8-7.02* or 13-15.09*;

 

c)    not assign the teacher more than fifty (50) minutes of homeroom supervision per five (5) day cycle, or its equivalent in any other cycle. The length of the homeroom period(s) shall not exceed ten (10) minutes per day;

 

d)   assign the teachers in her/his school on an equitable rotation basis following consultation with the Teacher Council in accordance with clause 4-2.06.

 

8-12.08

In preparing examination and invigilation timetables, the principal will consult the Teacher Council in accordance with clause 4-2.06 to ensure that the distribution of these duties is just and equitable, taking into account the nature of the examination that the teacher is responsible for correcting. For purposes of applying clause 8-7.03* or 13-15.09 (e)*, assigned invigilation time will be recognized as time devoted to the presentation of courses and lessons.

 

 

8-12.09

The workload of a teacher with a part-time contract shall be subject to the duties and responsibilities set out in clause 8-7.02 (b)* or 13-15.09 (b)* and be pro-rated in accordance with the percentage of his or her contract of engagement, e.g., a sixty percent (60%) part-time contract shall entail a workload comprised of sixty percent (60%) teaching time, sixty percent (60%) other duties, and sixty percent (60%) presence.

 

8-12.10

The  principal  will consult  the teacher who  has a partial workload  in advance prior to designating those pedagogical days during which the teacher must be present, e.g., for the teacher referred to in clause 8-12.09 above, he/she shall complete 120 days of work, comprised of pedagogical days and teaching days.

 

8-12.11

If, as a result of a specific problem with the distribution of duties and responsibilities, the principal requires:

 

a)   that a pre-school teacher teach at the Cycle I-Cycle III level for less than 150 minutes per week during the five (5) day cycle or the equivalent, the maximum teaching time shall be pro-rated in accordance with clause 8-7.03 (a)*. This clause shall not apply when the pre-school teacher has been granted at least 150 minutes per week, or the equivalent of preparation time;

 

b)    that a teacher teach at both elementary and secondary levels, his or her maximum teaching time shall not exceed the time determined in clause 8-7.03 (a)* for the level where the teacher teaches the majority of the time;

 

c)    that a Cycle I-III teacher teach at the pre-school level, the maximum teaching time shall not exceed the time determined in clause 8-7.03 (a) (i)*.

 

8-12.12.00

COMPENSATION FOR EXTRACURRICULAR ACTIVITIES

8-12.12.01

Teachers participating in activities referred to in clause 8-7.02 (d)* (extracurricular activities outside of the students’ timetable) shall be compensated in accordance with the credit system described in this section. [It is understood that this voluntary time must not conflict with the teacher’s workload within the teacher’s twenty-seven (27) hours of mandatory presence]:

  • 15 credits = 1 day of release time

  • 30 credits = 2 days of release time

  • 45 credits = 2 days of release time

  • 60 credits = 3 days of release time

  • 75 credits = 3 days of release time

  • 90 credits = 4 days of release time

8-12.12.02 For the purpose of applying clause 8-12.12.01, the board shall allocate $100.00 per FTE for all teachers in its employ as of September 30 of each school year. To this budget, the board shall add the amounts obtained by virtue of the program designed to recognize value added and to assist in the assignment, recruitment and retention of teachers prescribed in Appendix XXVI of the provincial agreement. The total of these amounts shall be allocated to the compensation for extracurricular activities.
8-12.12.03 By November 1 of each school year, the board shall inform the Labour Relations Committee of the total amounts allocated for the compensation of extracurricular activities. In conformity with the mandate defined in Appendix XXVI of the provincial agreement, the Labour Relations Committee shall make recommendations for the use and the method of distribution of said amounts.
8-12.12.04

Credits shall be accumulated in accordance with Appendix L-IV.

 

8-12.12.05

Credits shall be accumulated on a voluntary basis and assigned to activities approved by the principal. However, a teacher shall not receive compensation for more than ninety (90) credits in any one school year.

 

8-12.12.06

a) Time compensation will normally be taken during the school calendar year in which the credits were earned and must be taken on those days designated as pedagogical days in the school calendar in accordance with the following, provided that all the credits justifying this release time have been earned (the activity has been completed) prior to the release time being granted.

 

b)   Not more than two (2) days’ compensation may be carried forward to the next school year and used by mutual agreement between the full-time or part-time teacher or replacement and the principal. Following the consultation carried out in accordance with clause 4-2.06 (25), the school principal shall identify at least four (4) pedagogical days during which the teacher will be able to use the deferred compensation day(s) in addition to the four (4) pedagogical days at the end of the school year.

 

c) After consulting the Teachers Council in accordance with clause 4-2.06 (25), the school principal shall identify at least four (4) pedagogical days that the teacher may use as compensation days in addition to the four (4) pedagogical days at the end of the school year. The moveable pedagogical days scheduled after March 31 may not be assigned for this purpose.

 

8-12.12.07

The principal may, following the consultation carried out in accordance with clause 4-2.06 (10), add other activities and corresponding credits to those that appear in Appendix L-IV.

 

8-12.12.08

The board shall calculate a monetary value per credit by dividing the total amount allocated in accordance with clause 8-12-12.02 by the total number of credits associated with extracurricular activities carried out in conformity with Appendix L-IV in schools and centres of the board. The payment will be included in the last pay issued for teachers at the end of the school year.

 

9.00.0 GRIEVANCE AND ARBITRATION

9.00.0

GRIEVANCES AND ARBITRATION

9-2.00 GRIEVANCES AND ARBITRATION (FOR MATTERS NEGOTIATED AT THE LOCAL LEVEL)
9-2.01 The procedure for settling grievances and for arbitration prescribed in Article 9-1.00* applies.
9-2.02

Instead of the notice of grievance prescribed in clause 9-1.04*, the union may send a letter to the board to reserve its right to contest a disciplinary measure imposed under Article 5-6.00. The letter must be sent within the time limit prescribed in clause 9-1.04*.

 

9-2.03

In the case of a disciplinary measure provided for under Article 5-6.00, the date of the disciplinary notice is taken as the date of the event.

 

9-2.04

In the case of the termination of a teacher’s contract of engagement under Article 5-7.00* or of non-re-engagement under Article 5-8.00*, the date of the meeting at which the board shall make its decision is taken as the date of the event.

 

9-2.05

Notwithstanding clauses 9-1.05* to 9-1.08*, in the case of the termination of a teacher’s contract of engagement under Article 5-7.00 or of non-re-engagement under Article 5-8.00, the notice of grievance constitutes a notice of arbitration once it is received by the QPAT and the QESBA.

 

10-0.00 GENERAL PROVISIONS

10-0.00

GENERAL PROVISIONS

10-8.00

HYGIENE, OCCUPATIONAL HEALTH AND SAFETY

10-8.01 In this article, “Act” refers to the Act respecting occupational health and safety (CQLR, c. S-2.1) and “regulations” refer to the inherent regulations.
10-8.02 The board and the union shall cooperate in order to maintain working conditions that respect the health, safety and physical well-being of teachers.
10-8.03 The obligations of teachers and the board are those prescribed by the Act  and the regulations.
10-8.04

The means and individual or common protective equipment placed at the disposal of teachers,  when this proves to be necessary by virtue of the Act and the regulations applicable to the board, to respond to their particular needs, must in no way diminish the efforts required of the board, the union and the teachers to eliminate the sources of danger to their health, safety and physical well-being.

 

10-8.05

a) Whenever a teacher exercises the right of refusal prescribed by the Act, he or she must immediately advise the principal.

 

b) Once notified, the principal shall inform the union delegate of the situation and of the solutions it intends to apply.

 

c) For the purposes of the meeting, the union delegate may temporarily interrupt his or her work in accordance with the conditions prescribed in clause 3-6.01*.

 

10-8.06

The right of a teacher referred to in clause 10-8.05 is exercised subject to the pertinent sections of the Act and according to the methods prescribed therein, if need be.

 

10-8.07 The board may not dismiss or non-re-engage a teacher, or impose any disciplinary or discriminatory measure on her or him, on the grounds that he or she exercised, in good faith, the right provided for in clause 10-8.05.
10-8.07.1

[PROTOCOL] The board shall work towards the objective of ensuring that in the performance of his or her duties, each teacher is provided with the means to communicate directly with the school/centre office either via an intercom or a portable communication device.

 

10-9.00 TRAVEL EXPENSES
10-9.01

The travel expenses of a teacher who must travel during the performance of his or her duties shall be reimbursed according to the policy in force at the board.

 

11-0.00 ADULT EDUCATION

11-0.00

ADULT EDUCATION

11-2.00 RECALL LIST

The following provisions shall apply for the engagement of teachers at the hourly rate or under part-time contract and shall replace the provisions of clauses 11-2.01 to 11-2.04:

11-2.01.1

The existing recall list under the 2000-2003 agreement shall continue to exist under this article.

 

11-2.02.1

As of June 1, the board shall update the recall list referred to in clause 11-2.01.1 by adding the names of those legally qualified teachers who are eligible and by adding the cumulative seniority projected to June 30 of the school year, to a maximum of eight hundred (800) hours per year. In so doing, the following provisions shall apply:

 

a)   When calculating the seniority of hourly-paid teachers on the recall list, each teacher shall be credited the number of hours normally assigned to the course, whether or not classes are cancelled on a given day.

 

b)   The board decides to enter the names of teachers eligible to be placed on the recall list who have accumulated at least eight hundred (800) hours of teaching time with the board within at least two (2) of the three (3) preceding school years.

 

c) Teachers must have obtained a full-time contract and have been non-re-engaged for reasons of surplus on July 1.

 

d) Hours of teaching accumulated by short-term substitution shall not  be counted for purposes of seniority calculation. The seniority credited to the hourly paid teacher who is absent for up to twelve (12) consecutive hours will not be affected by the absence.

 

e) Hours of teaching accumulated by long-term substitution, defined as any period of consecutive absence that exceeds twelve (12) hours, shall be counted for purposes of seniority calculation from the beginning of the replacement.

 

f) Each teacher on the recall list shall receive by mail or email a letter informing her/him when and where, in each building of the centre, the updated recall list will be posted. At the same time, a copy of the letter and of the list shall be forwarded to the union. The teacher who contends that his or her name has been omitted from the list or that the seniority has not been calculated correctly shall notify the board in writing within the fifteen (15) days following the posting of the list. A distinction shall be made on the recall list between legally qualified and non-legally qualified teachers.

 

g) If required, a correction will be made to the list within the twenty (20) days following the receipt by the board of the notification referred to in paragraph (f). The teacher and the union will be notified in writing accordingly.

 

h) An administrative version of the list referred to in (f) above specifying the legal qualifications and the teaching experience within the preceding five (5) school years of each teacher shall be provided to the union by June 30.

 

11-2.03.1

The board shall remove from the recall list the name of the teacher:

 

a) who has not taught a minimum of eighty (80) hours with the board in two (2) different school years over the last three (3) school years;

 

b)   who was not available for work except for the following reasons:

 

i) maternity, paternity or parental leave covered by law;

 

ii) illness;

 

iii) work accident;

 

iv) death or serious illness of the teacher’s spouse, child, parent, or other person permanently domiciled in the teacher’s residence;

 

v)   a change in the place of employment of the teacher’s spouse requiring a change of residence to a place more than fifty (50) kilometres distant from the building of the centre where the teacher last taught [to a maximum of two (2) years];

 

vi) a full-time position with the local union or QPAT;

 

vii) any other reason deemed valid by the board.

 

c)   who has refused a written offer for a post for which she/he is qualified in accordance with clause 5-21.05* and for which she/he declared himself/herself to be available in accordance with clause 11-2.01.2 (a). Such offer must specify that refusal will lead to the removal of the teacher’s name from the recall list;

 

d) who has refused to complete and return her/his preference and availability form in accordance with clause 11-2.04.2 (a);

 

e) who has left the service of the board during the course of an engagement unless the board accepts the reason for the departure;

 

f) who has obtained a full-time teaching contract.

g) whose employment was terminated for one of the reasons provided for in Article 5-7.00, in which case the teacher shall have the right to contest the grounds for termination in accordance with Chapter 9-0.00.

11-2.04.1

When distributing workloads (contracts) to  teachers, subject to the provisions of clause 11-2.04.2 (a), the board shall respect the following provisions:

 

a) By June 1, the board shall post in each centre and on its website the provisional list of needs to be filled. This list shall be updated throughout the year and reflect any additional needs that are identified prior to their being filled. An administrative version of this list shall be transmitted to the union as quickly as possible indicating the teacher who has been assigned to fill each of the needs.

 

b) Beginning with the most senior legally qualified teacher on the recall list in accordance with clause 5-3.08*, the board shall offer her or him a workload (contract) for which he or she meets the assignment criteria of clause 5-21.05* as well as the particular requirements of the post in accordance with 5-21.06*. In so doing, the board will structure the teacher’s workload in order to create the most complete one possible, i.e., an average of twenty (20) hours per week, normally, a weekly maximum of twenty-four (24) hours, and an annual maximum of eight hundred (800) hours. If there are no legally qualified teachers on the recall list, the board shall give priority to legally qualified teachers who are not on the recall list to fill vacant teaching positions. It is only in the absence of legally qualified teachers that the board may be referred back to the list and distribute remaining workloads to non-legally qualified teachers.

c)    if additional positions or needs are created during the school year, they shall be offered to the most senior teacher whose workload has not attained the maximum on condition that the teaching schedule is compatible with the teacher’s existing schedule or can be modified to be compatible.

11-2.04.2

In carrying out the procedures referred to in 11-2.04.1, the board shall respect the following provisions:

 

a)   By June 1, the board shall forward to each teacher whose name appears on the recall list a preference and availability form by which the teacher shall indicate her/his workload preferences [subjects, grade, language(s) of instruction, building(s) of the centre] and specify any period of non-availability for work. The form must be completed and returned to the board by June 15. The board will provide a copy of all completed forms to the union by June 30. Any change in the teacher’s availability or preferences must be submitted in writing to the board without delay and a copy shall be sent to the union within fifteen (15) days following its receipt.

 

b)  At the beginning of each semester, the board shall forward to the union a copy of the workloads, listing teachers in the same order as in the recall list and indicating beside each name the following information:

 

  • the subject(s) taught;

  • the building of the centre;

  • the beginning and ending dates;

  • the total number of hours scheduled;

  • the nature of the engagement (type of contract, percentage or hourly rate).

 

c) At the completion of each semester, the information provided in (b) above shall be updated and forwarded to the union.

 

11-2.04.3

Subject to the information submitted on the preference and availability forms and proceeding by seniority, courses taught in July and August shall be offered to legally qualified teachers on the recall list who volunteer and meet the assignment criteria of clause 5-21.05* as well as the particular requirements of the post in accordance with clause 5-21.06*. These hours shall be recognized for the awarding of a contract and for purposes of seniority calculation up to a maximum of eight hundred (800) hours per year.

 

11-2.04.4

If a teacher accepts a part-time contract, and later in the process, a full-time post becomes available for her/him, she/he shall be assigned to that post on paper but shall remain in her/his present post provided that the latter is a post at one hundred percent (100%). Should the part-time post not be at one hundred percent (100%), the teacher will transfer to the full-time post.

 

11-2.04.5

Notwithstanding clauses 8-12.04 (e) and 8-12.05, should a new group be created after October 15, the director shall submit a new workload to the teacher within fifteen (15) calendar days.

 

13-0.00 VOCATIONAL EDUCATION

13-3.0.00 VOCATIONAL EDUCATION
13-3.00

RECALL LIST

 

The following provisions shall apply for the engagement of teachers at the hourly rate or under part-time contract and shall replace the provisions of clauses 13-3.01, 13-3.02, 13-3.04 and 13-3.05:

 

13-3.01

The existing recall list under the 2000-2003 agreement shall continue to exist under this article.

 

13-3.02.1

As of June 1 of each successive school year, the board shall update the list in clause 13-3.01 by adding the names of those legally qualified teachers who are eligible and by adding the cumulative seniority projected to June 30 of the school year, to a maximum of seven hundred and twenty (720) hours per year. In so doing, the following provisions shall apply:

 

a)   When calculating the seniority of teachers on the recall list, each teacher shall be credited the number of hours normally assigned to the course, whether or not classes are cancelled on a given day.

 

b)   The board decides to enter the names of teachers eligible to be placed on the recall list who have accumulated at least seven hundred and twenty (720) hours of teaching with the board within at least two (2) of the three (3) preceding school years.

 

c) Have obtained a full-time contract and have been non-re-engaged for reasons of surplus on July 1.

 

d) Hours of teaching accumulated by short-term substitution shall not be counted for purposes of seniority calculation. The seniority credited to hourly-paid teachers who are absent for up to twelve (12) consecutive hours will not be affected by the absence.

 

e) Hours of teaching accumulated by long-term substitution, defined as any period of consecutive absence that exceeds twelve (12) hours, shall be counted for purposes of seniority calculation from the beginning of the replacement.

 

f) Each teacher on the recall list shall receive by mail or email a letter informing her/him when and where, in each building of the centre, the update recall list will be posted. At the same time, a copy of the letter and the list shall be forwarded to the union. The teacher who contends that his or her name has been omitted from the list or that the seniority has not been calculated correctly shall notify the board in writing within the fifteen (15) days following the posting of the list. A distinction shall be made on the recall list between legally qualified and non-legally qualified teachers.

 

g) If required, a correction will be made to the list within the twenty (20) days following the receipt by the board of the notification in paragraph (f). The teacher and the union will be notified in writing accordingly.

 

h) An administration version of the list specified in (f) above specifying the legal qualifications and teaching experience of each teacher during the last five (5) years shall be provided to the union by June 30.

 

 

13-3.04.1

The board shall remove from the recall list the name of the teacher:

 

a) who has not taught a minimum of seventy-two (72) hours with the board in two (2) different school years over the last three (3) school years;

 

b)   who was not available for work except for the following reasons:

 

i) maternity, paternity or parental leave covered by law;

 

ii) illness;

 

iii)   work accident;

 

iv) death or serious illness of the teacher’s spouse, child, parent, or other person permanently domiciled in the teacher’s residence;

 

v)   a change in the place of employment of  a teacher’s spouse requiring a change of residence to  a place more than fifty (50) km distant from the centre  where the teacher last taught [to a maximum of two (2) years];

 

vi)  a full-time position with the local union or QPAT;

 

vii) any other reason deemed valid by the board.

 

c)   who has refused a written offer for a post for which she/he is qualified in accordance with clause 5-21.05* and for which she/he declared herself/himself to be available in accordance with clause 13-3.05.2 (a). Such offer must specify that refusal will lead to the removal of the teacher’s name from the recall list;

 

d)  who has  refused to  complete and return her/his preference and availability form in accordance with clause 13-3.05.2;

 

e)   who has left the service  of the board during the  course of an engagement unless the board accepts the reason for the departure;

 

f) who has obtained a full-time teaching contract;

 

g) whose employment was terminated for one of the reasons foreseen in Article 5-7.00, in which case  the teacher shall have the right to contest the grounds for termination in accordance with Chapter 9-0.00.

 

13-3.05.1

When distributing workloads (contracts) to teachers, subject to the provisions of clause 13-3.05.2 (a), the board shall respect the following provisions:

 

a)   By June 1, the board shall post in each centre and on its website the provisional list of needs to be filled. This list shall be updated throughout the year and reflect any additional needs that are identified prior to their being filled. An administrative version of this list shall be transmitted to the union as quickly as possible indicating the teacher who has been assigned to fill each of the needs.

 

b)    Beginning with the most senior legally qualified teacher on the recall list in accordance with clause 5-3.08*, the board shall offer her or him a post in the category concerned failing which, the board shall offer her or him a workload (contract) for which he or she meets the assignment criteria of clauses 5-21.05 (a)* and 13-12.02*, as well as the particular requirements of the post, in accordance with clause 5-21.06*. In so doing, the board will structure the teacher’s workload in order to create the most complete one possible, i.e., an average of twenty (20) hours per week, normally, a weekly maximum of twenty-four (24) hours, and an annual maximum of seven hundred and twenty (720) hours. If there are no legally qualified teachers on the recall list, the board shall give priority to legally qualified teachers who are not on the recall list to fill vacant teaching positions. It is only in the absence of legally qualified teachers that the board may refer back to the list and distribute remaining positions or needs to non-legally qualified teachers.

 

c)    If additional posts are formed during the school year, they shall be offered to the most senior teacher whose workload has not attained the maximum on condition that the teaching schedule is compatible with the teacher’s existing schedule or can be modified to be compatible.

 

13-3.05.2

In carrying out the procedures in clause 13-3.05.1, the board shall respect the following provisions:

 

a)   By June 1, the board shall forward to each teacher whose name appears on the recall list a preference and availability form by which the teacher shall indicate her/his workload preferences [programs, modules, language(s) of instruction, building(s) of the centre] and specify any period of non-availability for work.

 

The availability sheet must be filled out and returned to the board by June 15 and the board will provide a copy of all completed forms to the union by June 30. Any change in the teacher’s availability or preferences must be submitted in writing to the board without delay and a copy shall be sent to the union within the fifteen (15) days following its receipt.

 

b)  At the beginning of each semester, the board shall forward to the union a copy of the workloads, listing teachers in the same order as in the recall list and indicating beside each name the following information:

 

  • the subject(s) or module(s) assigned

  • the building of the centre

  • the beginning and ending dates

  • the total number of hours scheduled

  • the nature of the engagement (type of contract, percentage, or hourly rate)

 

c) At the completion of each semester, the information provided in (b) above shall be updated and forwarded to the union.

13-3.05.3

Subject to the information submitted on the preference and availability forms and proceeding by seniority, courses taught in July and August shall be offered to legally qualified teachers entered on the recall list who volunteer and who meet the assignment criteria of clauses 5-21.05 (a)* and 13-12.02* as well as the particular requirements of the post in accordance with clause 5-21.06*. These hours shall be recognized for the awarding of a contract and for purposes of seniority calculation up to a maximum of seven hundred and twenty (720) hours per year.

 

13-3.05.4

If a teacher accepts a part-time contract, and later in the process, a full-time post becomes available for  her/him, she/he shall be assigned to that post on paper but shall remain in her/his present post provided that the latter is a post at one hundred percent (100%). Should the part-time post not be at one hundred percent (100%), the teacher will transfer to the full-time post.

 

13-3.05.5

Notwithstanding clauses 8-12.04 (e)* and 8-12.05, should a new group be created after October 15, the director shall submit a new workload to the teacher within fifteen (15) calendar days.

 

APPENDIX L-I

Examples of Uninhabitable Conditions to be Considered in Clauses 5-11.03 and 10-8.01

 

1)    Structural damage such as collapse of walls, roofs or other significant and sudden deterioration in the structural integrity of the building;

 

2)    Sewage system backup;

 

3)    Flooding in classrooms and corridors such that student movement in sections of the building becomes curtailed and normal classroom functions are disrupted;

 

4)    Interruption of municipal water services for periods in excess of sixty (60) minutes;

 

5)    Lack of heat in the building, causing the building temperature to fall below 18° C for a period of more than sixty (60) minutes;

 

6)    Malodours, fire hazards, insect or vermin infestation, communicable diseases based upon a report from an appropriate municipal or provincial department to the principal;

 

7)    Pollution of drinking water and issuance of a report from municipal/provincial authorities advising against consumption of tap water without special treatment, unless other means of obtaining drinking water are provided;

 

8)    Lack of adequate lighting; if service cannot be returned within sixty (60) minutes after loss of service.

 

It is understood that the examples listed above are not exhaustive and do not limit the criteria which may be considered when cancelling classes in a portion of the building or in the entire building.

APPENDIX L-II

Organization Plan for the Following School Year

in Accordance with Clauses 4-1.02 (d)*, 4-2.06 (20) and 5-21.16

 

The principal will make available to the Teacher Council the following information concerning the organization plan for the following school year:

 

  1. a)    projected course offerings, indicating the time allocations for each;

 

  1. b)    the projected number of teachers for the school as authorized by the board;

 

  1. c)    projected enrolment for pre-school and for each grade level of each cycle;

 

  1. d)    an outline of major elements in the timetable, specifying proposed changes;

 

  1. e)    proposed changes to facilities, to the rooms’ function and to procedures for the operation of the school;

 

  1. f) all the information relevant to the organization of the school as it becomes available from the board.
APPENDIX L-III

Beginning and end of a teacher workday

in accordance with clause 8-6.06.2 (b)

 

Elementary

Secondary

 

John F. Kennedy (7:40 a.m.)

Pinewood (7:50 a.m.)

Our Lady of Peace (7:55 a.m.)

Terry Fox (7:50 a.m.)

Rawdon (8:00 a.m.)

Souvenir (7:40 a.m.)

 

Rosemère (7:45 a.m.)

Lake of Two Mountains (7:40 a.m.)

APPENDIX L-IV

Extracurricular Activities Credit System

 

The following principles shall be applied when the activity list is prepared annually:

 

1)    Activities that are normally held on a frequency of once per week throughout the school year shall be given thirty (30) credits – examples: stamp club, photography club, etc.

 

2)    Activities that are normally held on a frequency greater than once per week over a part of the school year  [approximately thirty (30) sessions] shall be given thirty (30) credits – examples: track and field team, badminton team, drama club, choral group, etc.

 

3)    Activities that are normally held on a frequency greater than once per week throughout the school year shall be given sixty (60) credits – examples: judo club, gymnastics club, swimming club.

 

4)    Activities  that may be  classified as “major”, i.e., the school band, senior football team, senior basketball team, annual musical show, etc. that meet on an intensive basis for part of the school year [approximately sixty (60) sessions] shall be given sixty (60) credits for the person in charge (head coach, director, etc.). For regular assistants of these activities, not more than forty-five (45) credits shall be given.

 

5)    Supervision of an intra-muros program shall be classified as one (1) credit per session provided that each session is at least thirty (30) minutes long – example: afternoon skating, school choir, etc. A maximum of sixty (60) credits is permitted per teacher for any one activity.

 

6)    Other student activities shall be given credits at the rate of one (1) credit per session provided that each session is at least thirty (30) minutes long. A maximum of sixty (60) credits per teacher is permitted for any one activity.

 

7)    Respecting the maximums established in item (4) above, teachers participating in overnight trips that have been approved by the board in accordance with its policies governing this topic, shall be given a credit value of fifteen (15) credits per night to a maximum of ninety (90) credits per year.

 

8)    Teachers participating in field trips shall receive three (3) credits per field trip and five (5) credits in the case of trips that extend beyond the normal school day, other than item (7) above.

 

APPENDIX L-V

Voluntary Mobility between Two Teachers of the Board

The Wilfrid Laurier School Board accepts that

 

Name of the teacher

 

 

Name of the teacher

 

Replace each other as of the ___________ school year in accordance with the provisions of clause 5-21.29 of this agreement.

 

Teacher                                                                        Teacher

 

School Principal                                                          School Principal

 

For the School Board

 

Date of signing

APPENDIX L-VI
a) In accordance with the training structure adopted by the MEES, the cooperating teacher will:

1) welcome the student teacher into the classroom;

2) act as a counselor and provide pedagogical support;

3) enter into an in-depth discussion with the student teacher on the training session;

4) participate in the student teacher evaluation;

5) explore, with the student teacher, the various facets of the profession and the school environment.

b) More specifically, the cooperating teacher must:

1) facilitate the integration of the student teacher into school life;

2) share his/her competencies and expertise with the student teacher;

3) help the student teacher reach the goals set for each training session;

4) give the student teacher information concerning available material and resources within the school/centre;

5) immediately notify the principal and the faculty advisor of any major difficulties encountered by the student teacher;

6) make sure that all interventions by the student teacher are carried out progressively and ensure an immediate follow-up in accordance with the objectives of the training session;

7) make sure that the student teacher takes charge of the class under favourable conditions;

8) remain available in case of difficulties.

Agreement on Support and Supervision of Student Teachers in accordance with

Appendix XXXVII of the provincial agreement

AGREEMENT BETWEEN THE SIR WILFRID LAURIER SCHOOL BOARD AND THE LAURIER TEACHERS UNION

The Sir Wilfrid Laurier School Board and the Laurier Teachers Union agree that the provisions of this Local Agreement and Arrangements shall enter into force as of the 1st day of July 2018.

IN WITNESS WHEREOF, the parties have signed in Laval this ___ day of June 2018.

 

 


 

 

Jennifer Maccarone

Chairman

 

 


 

 

Stephanie McLellan

President

 

 


 

 

Frédéric Greschner

Interim Director General

 

 


 

 

Stephan Ethier

Director of Membership Welfare

 

 


 

 

Richard Greschner

Director of Human Resources

 

 


 

 

Serge Landry

Director of Pedagogical Affairs

 

 


 

 

François Badin

Assistant Director of

Human Resources

 

 


 

 

Gautama Swaminidhan

Negotiator

 

 


 

 

Heather Halman

Negotiator

 

 


 

 

Alexandra Rachita

Negotiator

 

 


 

 

Karen Lorenz

Negotiator

 

 


 

 

Lisa Verrall

Negotiator

 

 

 

 

 

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