Category Archives: Control Your Future

Reg 274 and the LTO list Update

Reg 274 and the LTO list Update

 

There are a couple of items regarding the Reg 274 and the LTO list. In my last update, I had noted that there was no indication from the School Board when the LTO list would open again. ETFO provincial has been working to engage the Ministry regarding possible changes to the Regulation. This has taken longer than they originally planned and our provincial team is pushing to have a meeting to receive the feedback from the fact finders.

 

I am pleased to announce that locally we have submitted a policy grievance surrounding Reg 274 and the LTO list. The grievance basically states that the board has failed to “replenish” the LTO list and also failed to grant interviews to qualified occasional teachers.

 

I will keep you posted when more information becomes available.

 

ETFO Achieves Memorandum of Understanding with Government

Colleagues,

You may have seen this important information from our Provincial office regarding the MOU with the government.  It has been sent out through the provincial newsletter list.  However, I have copied it here for those who may not have seen it. You should also have received a robocall last evening regarding the telephone town hall meeting and the on-line voting process that will take place next week. There will be more information regarding the MOU coming to members in the next few weeks.  Please read the newsletters carefully to stay informed.

Please note that due to the timing of the MOU announcement, it will not be possible to organize an all-member meeting to present and discuss the MOU. I encourage all members to take advantage of the town hall meeting which will be held on Wednesday, June19 at 8:00 p.m., and to vote on-line.

Please find linked below the notice from ETFO.

http://www.etfowatots.ca/userContent/documents/MOU ENEWSLETTER TO MEMBERS JUNE 13 2013.pdf

 

Judy Cutts

WROTL President

Control Your Future – June 2013

Control Your Future…and the waiting continues… We had hoped to hear something from the provincial team by now.  But the talks continue… talking is always better than not talking!  If there is an announcement regarding a possible agreement, we will be holding an all-member meeting to present the information and details of the agreement.  It will be most important that as many members as possible attend this meeting to get the latest information and to have the opportunity to ask questions.

So, in these very busy June days, please reserve a little energy to devote to what will be a very important gathering of members, should there be any news!

Ontario Education Act: Regulation 274 Update

Regulations are published on the e-Laws website and in The Ontario Gazette. This copy is being provided for convenience only.

ONTARIO REGULATION

made under the
EDUCATION ACT HIRING PRACTICES

1. Interpretation

  1. (1) In this Regulation,
    • long-term occasional teachers list” means a list established and maintained by a board in accordance with section 4;
    • roster of occasional teachers” means any roster of occasional teachers established by a board for the purposes of the Act; (“tableau des enseignants suppléants”)
    • weekday” means any Monday, Tuesday, Wednesday, Thursday or Friday that is not a holiday as defined in the Legislation Act, 2006. (“jour de semaine”)
  2. (2) Any assignment or appointment of a person to a teaching position shall be made with due regard for the provision of the best possible program and the safety and well-being of the pupils, as required under Regulation 298 of the Revised Regulations of Ontario, 1990 (Operation of Schools―General) made under the Act, and in accordance with all other requirements set out in that Regulation, including the requirement that any assignment or appointment shall be made in accordance with the qualifications recorded on the teacher’s certificate of qualification and registration.
  3. (3) Nothing in this Regulation shall be interpreted in a way that interferes with or controls,
    • (a) the denominational aspects of a Roman Catholic board;
    • (b) the denominational aspects of a Protestant separate school board; or
    • (c) the linguistic or cultural aspects of a French-language district school board.
  4. (4) For the purposes of counting days under this Regulation, two half days shall be equal to one full day.

2. Ranking of occasional teachers

For the purposes of this Regulation, occasional teachers of a board shall be ranked in accordance with the following rules:
  1. Ranking is based on a teacher’s seniority as an occasional teacher.
  2. If two or more teachers have the same seniority, ranking among them shall be basedon the number of full days of teaching in schools of the board.
  3. If two or more teachers have the same ranking under paragraph 2, ranking among them shall be based on the number of years of experience teaching.
  4. If two or more teachers have the same ranking under paragraph 3, ranking among them shall be determined by drawing lots, witnessed by the president of the teachers’ bargaining unit or a person designated in writing by the president.

3. Roster of occasional teachers

  1. (1) A board shall organize its roster of occasional teachers in decreasing order based on the teachers’ ranking under section 2.
  2. (2) The board shall include in the roster the following information about each teacher:
    1. The teacher’s name.
    2. The day the teacher was most recently placed on the roster.
    3. A summary of the teacher’s teaching experience.
  3. (3) The board shall post the roster on its website and shall ensure that the roster is updated regularly.

4. Long-term occasional teachers list

  1. Every board shall establish and maintain a long-term occasional teachers list.
  2. An occasional teacher may apply to the board to be placed on the list and the board may grant the teacher an interview if,
    • (a) the teacher has been on the board’s roster of occasional teachers for at least 10 months; and
    • (b) the teacher has taught as an occasional teacher in one or more schools of the board for at least 20 full days during the 10-month period immediately preceding the day the application is submitted.
  3. If the person or panel that conducts the interview recommends that the board place the teacher on the list, the board shall do so.
  4. The board shall post the list on its website and shall ensure that the list is updated regularly.

5. Notice of teaching position

A board shall not interview or make an offer to any person to fill a long-term assignment tor permanent teaching position unless a notice of the position has been posted on the board’s website for at least five weekdays.

6. Assignments or appointments to long-term assignments

  1. (1) If a board is a party to a written agreement with a bargaining unit, including a collective agreement, that governs the process of offering teaching positions to supernumerary teachers with the board or teachers whose positions with the board have been declared redundant, the board shall not interview or make an offer to any other person to fill a long-term assignment position before completing that process.
  2. (2) If a long-term assignment position is not filled under the process referred to in subsection (1), the board shall not interview or make an offer to any other person to fill the position unless an offer has been made to each teacher interviewed in accordance with subsections (3) and (4) and none of them have accepted it.
  3. (3) For the purposes of subsection (2), the board shall interview the five teachers from the long-term occasional teachers list who,
    • (a) have the required qualifications for the position;
    • (b) have the highest ranking under section 2; and
    • (c) have agreed to be interviewed.
  4. (4) If fewer than five teachers on the list satisfy the criteria set out in clauses (3) (a) and (c), the board is required under subsection (3) to interview only those teachers.
  5. (5) If the position is not filled by a teacher interviewed in accordance with subsections (3) and (4), the board shall not interview or make an offer to any other person to fill it before,
    • (a) advertising the position to teachers on the board’s long-term occasional teachers list;
    • (b) interviewing a selection of the teachers from the list who apply for the position and have the required qualifications for the position, and making an offer.
  6. (6) If the position is not filled by a teacher interviewed in accordance with subsection (5), the board shall not interview or make an offer to any other person to fill it before,
    • (a) advertising the position to teachers on the board’s roster of occasional teachers; and
    • (b) interviewing a selection of the teachers from the roster who apply for the position and have the required qualifications for the position, and making an offer.

7. Assignments or appointments to permanent positions

  1. (1) If a board is a party to a written agreement with a bargaining unit, including a collective  agreement, that governs the process of offering teaching positions to supernumerary teachers with the board or teachers whose positions with the board have been declared redundant, the board shall not interview or make an offer to any other person to fill a permanent position before completing that process.
  2. (2) If a permanent position is not filled under the process referred to in subsection (1), the board shall  not interview or make an offer to any other person to fill the position unless an offer has been made to each teacher interviewed in accordance with subsections (3) and (4) and none of them have accepted it.
  3. (3) For the purposes of subsection (2), the board shall interview the five teachers from the long-term occasional teachers list who,
    • (a) have completed a long-term assignment in a school of the board that was at least four months long and in respect of which the teacher has not received an unsatisfactory evaluation;
    • (b) have the required qualifications for the position;
    • (c) have the highest ranking under section 2; and
    • (d) have agreed to be interviewed.
  4. (4) If fewer than five teachers on the list satisfy the criteria set out in clauses (3) (a) (b) and (d), the board is required under subsection (3) to interview only those teachers.

8. Rights of unsuccessful candidates

If following an interview a teacher is not placed on the long-term occasional teachers list or appointed or assigned to a long-term assignment or permanent position,the teacher is entitled, on request, to meet with the person or panel that conducted the interview to discuss,
  • (a) his or her performance during the interview;
  • (b) measures he or she could take to enhance his or her professional qualifications; and
  • (c) other ways to improve his or her chance of being successful in a similar interview in the future.

9. Exemptions and rules for specified boards

  1. (1) The following exemptions and rules apply to the Conseil scolaire de district du Nord-Est de l’Ontario, the Conseil scolaire de district du Grand Nord de l’Ontario and the Conseilscolaire de district catholique du Nouvel-Ontario:
    1. 1. Sections 4 and 6 do not apply to those boards.
    2. 2. Paragraphs 2, 3 and 4 of section 2 do not apply for the purpose of ranking occasional teachers of those boards, and, if two or more teachers have the same seniority, ranking among them shall be determined in accordance with a written agreement, including a collective agreement, between the board and the relevant bargaining unit.
    3. 3. For the purposes of those boards, a reference in section 7 to a long-term occasional teachers list is deemed to be a reference to the board’s roster of occasional teachers.
  2. (2) The following rules apply to boards in respect of occasional teachers represented by the Association des enseignantes et des enseignants franco-ontariens:
    1. 1. Paragraphs 2 and 3 of section 2 do not apply for the purpose of ranking occasional teachers of those boards who are represented by the Association, and the reference in paragraph 4 of section 2 to “the same ranking under paragraph 3” is deemed to be a reference to “the same seniority”.
    2. 2. If the teachers interviewed in accordance with subsection 6 (3) are represented by the Association, subsection 6 (5) does not apply and instead the following rules apply to the board:
      • i. If none of the teachers interviewed in accordance with subsections 6 (3) and (4) have accepted an offer to fill the position, the board shall not interview or make an offer to any other person to fill the position unless an offer has been made to each teacher interviewed in accordance with subparagraph ii and none of them have accepted it.
      • ii. For the purposes of subparagraph i, the board shall repeat the process set out in subsections 6 (3) and (4) until all of the teachers on the long-term 6  occasional teachers list who satisfy the criteria set out in clauses (3) (a) and (c) have received offers for the position and none of them have accepted it.
  3. 3. If the teachers interviewed in accordance with subsection 7 (3) are represented by the Association, subsection 7 (4) does not apply and instead the following rules apply to the board:
    • i. If fewer than five teachers on the long-term occasional teachers list satisfy the criteria set out in clauses 7 (3) (a), (b) and (d), the board is required under subsection 7 (3) to interview,
      • A. all of those teachers, and
      • B. such other persons as are necessary to ensure that the board interviews five people for the purposes of subsection 7 (3).
    • ii. A person described in sub-subparagraph i B is not required to be on the long-term occasional teachers list or satisfy the criterion set out in clause 7 (3) (a) but must satisfy the criterion set out in clause 7 (3) (b).

10. Commencement

This Regulation comes into force on the later of September 1, 2012 and the day it is filed.

Ontario Education Act: Amending Reg. 274/12 Hiring Practices

ONTARIO REGULATION 148/13 made under the EDUCATION ACT

  • Made: April 25, 2013
  • Approved: May 1, 2013
  • Filed: May 8, 2013
  • Published on e-Laws: May 8, 2013
  • Printed in The Ontario Gazette : May 25, 2013

Amending O. Reg. 274/12

(HIRING PRACTICES)

Note: Ontario Regulation 274/12 has not previously been amended.

1. (1) Subsection 4 (2) of Ontario Regulation 274/1 2 is amended by striking out “the board may” in the portion before clause (a) an d substituting “the board shall”.

(2) Clause 4 (2) (b) of the Regulation is amended b y striking out “the 10-month period” and substituting “a 10-month period that is within the five years”.

Commencement 2. This Regulation comes into force on the day it i s filed.

Made by: La ministre de l’Éducation,

E LIZABETH JEAN SANDALS

Control Your Future – May 2013

controlyourfuture-smWe are all anxiously awaiting news from the provincial leadership regarding the ongoing talks with the government.  They have had several very long sessions recently.  This is seen as positive and hopeful.  Newsletters will inform you of the news when it is available!

Update: Discussions Between ETFO and Government Achieve Concrete Results

ETFO eNewsletter – Bargaining Edition

NUMBER 33 – APRIL 3, 2013

Update: Discussions Between ETFO and Government Achieve Concrete Results

Last Tuesday, ETFO suspended the advice regarding participation in voluntary/extracurricular activities by members based on confidence that ongoing dialogue with the government and representatives from school boards would achieve concrete results on issues of concern to members.

All discussions with government have been focused on finding solutions that can be achieved without new money and within the Ministry’s funding envelope.  ETFO is pleased to report that, while the details have yet to be finalized, understandings have been reached regarding the following issues:

Maternity Leave

  • Eligibility for teachers, LTOs and full-time non-teaching members.
  • Improvement of benefit – 100% salary for 8 weeks, less EI benefits.
  • Receipt of benefit over the calendar year – 12 month period.
  • June 1, 2013 implementation.
  • Superior benefits protected.

Sick Leave

  • There will be no adjudication as set out in Regulation. With respect to the determination of eligibility for sick leave, collective agreement provisions and practices in effect at August 31, 2012, continue.
  • References to 66 2/3% in Regulation and in the sick leave plan will be removed.
  • Use of sick days as per 2008 Collective Agreement and practice.
  • Extended LTD waiting period beyond 120 days will be covered.

Gratuity

  • Increase to compensation to non-vested members for unused sick days.

Workload Study

  • A study to review current and planned educational initiatives and student assessment at the provincial and school board level with a view to clearly focusing such initiatives and assessments on student achievement, teacher workload, and teacher professionalism.

Job Security

  • Job security clause for non-teacher members.

Voluntary/Extra-Curricular Activities

  • ETFO will notify members that any advice to withdraw participation in voluntary/extra-curricular activities is suspended (completed March 26). Any decision to participate in voluntary/extra-curricular activities is at the discretion of the member. Click here

These understandings were discussed with ETFO local presidents at a meeting in Toronto earlier today.

Based on the success of our meetings to date, as well as the good faith demonstrated by the government throughout these discussions, we are confident that ongoing dialogue will result in a full agreement being reached.

It is important to emphasize that an all-member vote will be conducted upon conclusion of any agreement reached with the government.  ETFO is a democratic organization and, as such, it is ETFO members who will determine whether an agreement reached with the provincial government is acceptable.

Copyright 2013 – The Elementary Teachers’ Federation of Ontario
ETFO holds the copyright to all information in this publication, except where specifically noted.
All rights reserved.