collective agreement - OECTA Durham Secondary

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DCDSB - OECTA Durham Secondary Unit 51 Collective Agreement 2004-2008 ARTICLE XI: GRIEVANCE PROCEDURE (cont’d) 11:01 GRIEVANCES (cont’d) (3) Meeting with Board (cont’d) If the grievance is not settled it may be referred to arbitration as provided for in Article 11:02 – Arbitration, within ten (10) working days of receipt of decision of the Board. (4) Unit Grievances The teachers may initiate a policy or group grievance relating to the interpretation, application, administration or alleged violation of this Agreement beginning at 11:01(2) – Filing – of the grievance procedure. Such grievance shall be filed within ten (10) working days of incident giving rise to the grievance and shall be in the form prescribed in 11:01(2) – Filing. Any such grievance may be referred to arbitration as provided for in this Article. (5) Timelines Any complaint or grievance which is not commenced or carried through to the next stage of the grievance procedure by the grievor within the time specified, shall be deemed to have been abandoned and no further action can be taken with respect to such grievance. The time limit specified in this Article may be extended by mutual agreement in writing between the parties to this Agreement. (6) If the stipulated time limits are not met by the party against whom the grievance is being lodged, the grievor shall have the right to appeal the grievance to the next level of the procedure. (7) A complaint or grievance arising from an allegation by the Board that the teachers have violated a provision of this Agreement will be referred to the executives of the teachers within ten (10) days of the alleged violation. The parties will attempt to resolve the grievance. Failing resolution, the grievance will be referred to arbitration as provided for in Article 11:01(3) – Meeting with the Board. Such reference will be made within fifteen (15) days of the incident giving rise to the complaint of the Board. (8) In this Article, a working day shall be defined as a school day. DCDSB - OECTA Durham Secondary Unit 52 Collective Agreement 2004-2008 ARTICLE XI: GRIEVANCE PROCEDURE (cont’d) 11:02 ARBITRATION (1) Where a difference arises between the parties relating to the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, either party may, after exhausting any grievance procedure established by this Agreement, notify the other in writing of its desire to submit the difference or allegation to arbitration. The notice shall contain the name of the party’s appointee to an Arbitration Board and shall be delivered to the other within ten (10) working days of the reply by the Board. The recipient party shall, within ten (10) working days advise the other of the name of its appointee to the Arbitration Board. (2) The two (2) appointees so selected shall, within five (5) working days of the appointment of the second of them or in a time mutually agreed upon, appoint a third person who shall be the Chairperson. If the recipient party fails to appoint an arbitrator, or if the appointees fail to agree upon a Chairperson within the time limit, the appointment shall be made by the Minister of Labour upon the request of either party. The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision and the decision shall be final and binding upon the parties and upon any teacher affected by it. The decision of a majority shall be the decision of the Arbitration Board, but if there is no majority, the decision of the Chairperson shall govern. The powers of the Arbitration Board shall be the powers established under the Ontario Labour Relations Act. (3) No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. (4) Each of the parties hereto will bear the expenses of the arbitrator appointed by it and the parties will jointly share the expenses of the Chairperson of the Arbitration Board, if any. (5) The Board of Arbitration shall not be authorized to make any decision inconsistent with any Act or a Regulation thereunder or the provisions of the Agreement, not to alter, modify or amend any part of this Agreement.
DCDSB - OECTA Durham Secondary Unit 53 Collective Agreement 2004-2008 ARTICLE XI: GRIEVANCE PROCEDURE (cont’d) 11:02 ARBITRATION (6) No action of any kind will be taken against any teacher because of participation in this grievance procedure. (7) The parties may, by mutual consent, agree on the appointment of a single arbitrator whose decision shall be binding. 11:03 EXPEDITED ARBITRATION (O.L.R.A.) (1) Notwithstanding the procedure above, either party may request access to expedited arbitration under Section 49 of the Ontario Labour Relations Act, 1995. (2) A written request may be made after the grievance procedure (Article 11:01) has been exhausted or after thirty (30) days have elapsed from the time at which the grievance was first brought to the attention of the other party. (3) Despite (2) above, where the grievance concerns discharge or other termination of employment, a request may be made in writing after the grievance procedure has been exhausted or after fourteen (14) days have elapsed from the time which the grievance was first brought to the attention of the other party, whichever occurs first. (4) No such request in (2) or (3) above shall be made beyond the time stipulated for referring the grievance for arbitration. 11:04 MEDIATION/ARBITRATION (O.L.R.A.) As outlined in Section 50 of the Ontario Labour Relations Act, 1995, either party, at any time, may agree to refer to one or more grievances to a grievance mediation or mediation arbitration for the purpose of resolving the grievance in an expeditious and informal manner. DCDSB - OECTA Durham Secondary Unit 54 Collective Agreement 2004-2008 ARTICLE XII The Board shall provide a copy of this Agreement to every teacher within thirty (30) school days after the date of the ratification by both parties. An electronic version in a mutually agreed format will be provided to the Unit President or designate. ARTICLE XIII: BOARD FINANCIAL DIFFICULTY Should the Board find itself in such a financial position that it cannot meet its financial obligations, the teachers shall meet with the Board to discuss possible solutions. ARTICLE XIV: ADMINISTRATION OF MEDICATION TO STUDENTS The Board shall consult with the teachers prior to making any changes to the Board’s “Administration of Medication” Policy. ARTICLE XV: PROBATIONARY PERIOD A newly hired teacher shall have a one (1) year probationary period. The probationary period shall be determined without counting any leaves of absence in excess of twenty (20) working days for any purpose. A long term occasional teacher who is subsequently hired to a regular teaching position shall have his/her probationary period reduced by the length of his/her most recent long-term occasional assignment provided that the time between the end of the long term occasional assignment and the commencement of regular employment does not exceed forty (40) working days. The foregoing shall also apply to continuing education teachers teaching credit course(s) in a day school. ARTICLE XVI: ACTING PRINCIPALS AND VICE PRINCIPALS The parties agree that a teacher may be appointed to the position of Acting Principal or Acting Vice Principal for a period not to exceed one (1) school year. For purposes of determining seniority, service in an Acting position shall be considered as continuous service within the Bargaining Unit.
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collective agreement - OECTA Durham Secondary

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