Members of this committee represent the local in Collective Bargaining with the WRDSB.
TERMS OF REFERENCE (Revised February 2019):
a) The name of this committee shall be the ETFO – Waterloo Region Occasional Teachers’ Local (ETFO-WROTL) Collective Bargaining Committee.
b) The name ETFO – WROTL Collective Bargaining Committee shall appear on all communications at least once. Thereafter, the abbreviation, the Committee or CBC, may be used.
a) i) The Committee shall consist of the following members:
- The Chief Negotiator (CN)
- The President of the ETFO-WROTL
- The First Vice-President of the ETFO-WROTL
- a minimum of three (3) additional members of the ETFO-WROTL, or a number as approved and appointed by the ETFO-WROTL Executive.
ii) The Chief Negotiator shall be the President as outlined in the ETFO-WROTL Constitution and Bylaws.
b) The chair shall be the First Vice President.
c) The CBC shall elect a secretary.
d) Where possible, Committee members should be selected who are representative of the diversity of the membership.
e) It is recommended that the Committee be formed before the end of September of each year.
f) A quorum shall consist of four (4) members of the committee. There shall be no representation by proxy at the Committee.
Roles and function:
a) The Committee shall:
i. be responsible to, and shall take direction, from the ETFO-WROTL Executive.
ii. establish ongoing consultation with the ETFO assigned staff officer.
iii. prepare for, and conduct negotiations toward a collective agreement governing terms and conditions of employment on behalf of the members of ETFO-WROTL on the Occasional Teachers’ roster of the Waterloo Region District School Board (WRDSB) herein after referred to as the Board. Once intent to bargain has been served, the existing committee will continue in place until a collective agreement has been achieved.
iv. communicate with the members through the Chief Negotiator and/or the President.
v. communicate with all members of the ETFO-WROTL to indicate the method to be used to recommend changes in the collective agreement. All letters of request for changes in the collective agreement shall be available to all CBC members. The CBC shall consider the merits of every request and must inform the party concerned of its decision and the reason for such decision in writing. The parties concerned may ask for a meeting to discuss the decision.
vi. draft a working paper after discussion of philosophy and consideration of submissions. The final working paper will henceforth be called the Preliminary Submission.
vii. send a draft copy of the Preliminary Submission to the ETFO-WROTL Executive for approval and recommendation to the membership.
viii. send a copy of the Preliminary Submission to the provincial office of ETFO approximately fifteen (15) business days prior to its presentation to the ETFO-WROTL members.
ix. if necessary, request the ETFO-WROTL Executive to seek assistance and advice from the provincial affiliate including a request that the assigned staff officer act as negotiator.
x. hold a general membership meeting(s) to present the Preliminary Submission to the members for information, clarification and reaction. Immediately following this meeting, a ratification vote shall be taken for the Preliminary Submission.
xi.be free to make amendments to the Preliminary Submission as new information becomes available.
xii. forward amendments made to the Preliminary Submission to the provincial office of ETFO before the Preliminary Submission is presented to the Board.
xiii. conduct direct negotiations with the Board through the negotiating team which shall be held responsible to the CBC.
xiv. distribute tentative terms of settlement to all members and the provincial office of ETFO.
xv. hold general membership meeting(s) immediately prior to the ratification vote, before a new agreement between the WRDSB and the ETFO-WROTL is reached
xvi. hold a ratification vote by members prior to a final settlement (simple majority – more than 50% of the legal votes cast)
xvii. make known to the members the percent results of any recorded vote conducted by and for the ETFO-WROTL
xviii. when ratified, include the signature of the current president of the ETFO-WROTL in the ratified Collective Agreement and forward a copy to ETFO.
xix. obtain permission from the ETFO-WROTL Executive before requesting or agreeing to request a mediator or arbitrator. Before a decision is made the ETFO-WROTL Executive shall have prior consultation with ETFO.
xxx. ensure that each member receives a copy of the final agreement through the President. Copies of all reports received by the CBC during the negotiation process or during attempts to resolve impasses shall be submitted immediately to the provincial office of ETFO.
xxi. obtain permission from the ETFO-WROTL Executive before submitting any report to a mediator or arbitrator. Before a decision is made, the executive shall have consultation with ETFO.
xxii. monitor the Board budget process.
Duties of members:
a) The Chair shall:
i) be responsible for calling the meetings of the CBC. The first meeting shall be held by the thirtieth (30th) day of October.
ii) be responsible for ensuring that the provincial office of ETFO is informed in writing of the progress of negotiations including; when the Board serves notice of intent to negotiate, an impasse is declared by either party, a mediator or arbitrator is assigned, or a tentative agreement is reached.
iii) determine the resources available to the CBC from the provincial office of ETFO and use these to facilitate the work of the CBC.
iv) ensure that an agenda is prepared and received by each member of the committee by the day prior to the meeting, where possible.
v) ensure that written notice of the intent to negotiate is submitted to, and received by, the Board of Education, by not later than 180 days prior to the termination date of the current agreement.
vi) ensure the ETFO-WROTL president and the ETFO Staff Officer are informed in advance of every meeting between the CBC negotiating team and the Board negotiating team.
vii) report regularly, or as requested, to the ETFO-WROTL Executive.
viii) inform all members of the CBC of all meetings at least five business days in advance, except in the case of an emergency meeting.
ix) submit a written proposal of expenditures to the ETFO-WROTL treasurer on or before September 30.
x) attend the ETFO-WROTL budget meeting as requested.
xi) be a member of the Elementary Occasional Teacher/Staff Management Committee (EOT).
b) Chief Negotiator:
Only one Chief Negotiator will be released at any time. In the event that a contract is not settled, and a new negotiator is elected, the ETFO-WROTL will provide the necessary days to allow the previous negotiator the time to complete negotiations.
The Chief Negotiator shall:
i) be responsible to the ETFO-WROTL Executive and report directly to the President.
ii) be a member of the CBC and the EOT.
iii) take the lead in conducting negotiations, on behalf of the Committee.
iv) see that minutes are kept of negotiations’ meetings.
v) send letters of confirmation, if required, to the Board after each meeting stating the status of negotiations.
vi) select, in conjunction with the President, the table team from the Committee members and provide rationale for its size and composition.
vii) initiate and create a process whereby members can provide input to the Committee.
viii) act as a liaison regularly with other bargaining representatives provincially, locally and within the WRDSB, and keep the Committee up to date on issues regarding current negotiations.
ix) be responsible for the planning, organization, and implementation of mass meetings, including all matters pertaining to their follow-up.
x) investigate and communicate Professional Learning opportunities for the Committee.
xi) be available to assist in matters pertaining to the Collective Agreement under the direction of the President.
xii) co-ordinate regular communication to the general membership in consultation with, and under direction from, the CBC.
xiii) attend ETFO-WROTL meetings and general membership meetings.
xiv) educate the members around the Collective Agreement on an on-call basis.
xv) act as a committee member, ex-officio, on all sub-groups of the Committee.
xvi) research and report back on information requested by the Committee.
xvii) act as the Chief Negotiator until current negotiations are completed.
xviii) perform any other appropriate duties under the direction of the president.
c) The secretary shall:
i) record and distribute minutes of all meetings of the Committee to the President and the Chair, prior to the next meeting of the CBC.
ii) be a member and recording secretary of EOT.
d) Members of the Committee shall:
i) attend all duly called sessions of the Committee.
ii) make themselves fully aware of the minutes and other data generated in the Committee meetings, negotiations meetings, and, when requested, staff board meetings (EOT).
iii) be prepared to discuss, with knowledge and thought, the issues regarding terms and conditions of employment.
iv) represent the interests of all members.
v) maintain information, decisions and other data in strict confidence as agreed upon by the Committee.
5) Procedures for Resignations:
a) All resignations shall be in writing to the Chair of the committee, who shall forward the resignation to the President of the ETFO – WROTL.
b) With the advice of the Chair of the Committee, the ETFO-WROTL Executive decide on the advisability of appointing a new member to fill the vacancy and to complete the term of office of the resigning member. This will be carried out under the guidelines of #2, Composition.