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Collective agreement

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Collective Agreement

This Agreement made this first day of July 2019.

BETWEEN:
BOARD OF EDUCATION, SCHOOL DISTRICT NO. 35 (LANGLEY)
(Hereinafter called the “Employer”)

PARTY OF THE FIRST PART.

AND:
CANADIAN UNION OF PUBLIC EMPLOYEES, LOCAL 1851
(Hereinafter called the “Union”)

PARTY OF THE SECOND PART.

ARTICLE 1 – PREAMBLE

WHEREAS it is the desire of both parties to this Agreement:

  1. To maintain and improve the harmonious relations and settle conditions of employment between the Employer and the Union.
  2. To recognize the mutual value of joint discussions and negotiations in all matters pertaining to working conditions, employment, services, etc.
  3. To encourage efficiency in operation.
  4. To promote the morale, well-being and security of all the employees in the bargaining unit of the Union.

 

AND WHEREAS it is now desirable that methods of bargaining and all matters pertaining to the working conditions of the employees be drawn up in an Agreement.

NOW, THEREFORE, the parties agree as follows:

ARTICLE 2 – DEFINITIONS

  1. “Employee” shall mean a person who is an “Employee” as defined in the Labour Relations Code as designated on the Certificate issued November 6, 1952 and varied May 8, 1981, save and except:
    1. Assistant Manager, Purchasing & Supply Solutions
      Budget Officer, ISP
    2. Community School Coordinator
      Coordinator-Apex Program
    3. Data Management Coordinator
      Director — Energy and Environment Director of Facilities
      Director, Finance
      Director — Information Systems & Technology Director — ISP
    4. Director, Learning Support Services
      Enterprise Software Engineer
      Enterprise System Administrator
      Executive Assistant to Assistant Superintendent
      Executive Assistant to Assistant Superintendent of Human
      Resources Executive Assistant to the Secretary Treasurer
      Executive Assistant to the Superintendent of Schools
      Executive Director, Langley School District Foundation Homestay Coordinator, ISP
      Human Resources Officer, Health & Wellness Human Resources Officer, Support Staff
      IT Supervisor, Infrastructure & Security
      Manager, Accounting and Reporting
      Manager, Building Trades
      Manager, Capital and Financial Planning Manager, Capital Projects
      Manager, Communications
      Manager, Facilities — Information and Security
      Manager, Facilities Services Manager, Human Resources Manager, Mechanical Systems
      Manager, Occupational Health & Safety Manager, Payroll, Benefits and Personnel Manager-Purchasing & Logistics Manager, SWIS Program
      Manager, Technical Services
    5. Manager, Transportation and Grounds
      Planning and Financial Control Officer Supervisor, Facilities Services Supervisor, Transportation
      and those excluded by the Labour Relations Board
  2. “Probationary Employees” shall mean a person serving an initial trial period of forty-five (45) days of work, from date of hire, to determine suitability for employment as a “Regular Employee”.
  3. “Regular Employee” shall mean an employee, full or part-time, who has successfully completed the probationary period and who is employed on a regular basis.
  4. “Regular and Probationary Employees” shall be entitled to all benefits as provided by the Collective Agreement, from initial date of hire.
  5. –>
    1. “Substitute Employees” are those persons other than probationary, regular or regular part- time employees:
      • not having been appointed to posted positions but required to cover day-to-day casual employment at the rate of pay applicable to the position, for those employees absent due to sickness or authorized leave of absence or vacation.
      • who are employed on a time duration basis to augment the regular staff, or,
      • who are employed on a time duration basis on a special project of limited duration not exceeding ten calendar months, unless this time period is extended by mutual consent of both parties in writing.

        Substitute employees shall pay Union dues in any month in which more than three shifts are worked.

    2. Substitute employees are not entitled to employee benefits but shall be paid an additional twelve (12) percent over and above their rate in lieu of benefits including vacation pay and statutory holiday pay as outlined in Article 9(I).
    3. Substitute employees assigned to a temporary position where it is known at the start of the work that the work will continue beyond three (3) calendar months shall have the option of electing to receive employee benefits for the duration of the assignment in lieu of the twelve (12) percent referred to in (ii.) above. This option shall be available at the start of the assignment and once elected shall apply for the duration of the assignment.
  6. “Time Duration Employees” are defined as employees hired to cover illness, leaves of absence, special projects or to augment the regular staff for periods of three (3) months or longer but not to exceed ten (10) months without the consent of the Union.
  7. “Early Retirement” shall mean the first (1st) day of any month following completion of fifteen (15) years of continuous service and the attainment of age fifty-five (55) with the consent of the Employer. The Employer shall not withhold consent unreasonably.
  8. “Normal Retirement” shall mean the first (1) day of the month following attainment of age sixty- five (65) or any subsequent month.
    Employees having completed twenty (20) years of continuous service and attainment of age sixty (60) may elect a normal retirement as of the first day of any subsequent month.
  9. “Spouse”
    Spouse is defined as a person of the opposite sex or same sex as the employee and who is either legally married to the employee, or not legally married to the employee and who has resided continuously with the employee for a period of twelve (12) months, representing themselves as husband and wife.
    This definition shall apply to the following sections of this Agreement: Article 17(e) – Bereavement Leave
    • Article 17(h) – Maternity/Adoption Leave
    • Article 17(i) – Parental Leave
    • Article 17(k) – Adoption Leave
    • Article 17(1) – Paternity Leave
    • Article 17(m) – Supplementary Family Illness Leave
    • Article 20(b) – Health Insurance Benefits

ARTICLE 3 – RECOGNITION AND NEGOTIATIONS

  1. Bargaining Agent
    The Employer recognizes the Canadian Union of Public Employees, Local 1851 as the sole and exclusive collective bargaining agent for all employees and hereby consents and agrees to negotiate with the Union, or any of its authorized committees, concerning all matters affecting the relationship between the parties to this Agreement, looking towards a peaceful and amicable settlement of any difference that may arise between them.

  2. Work of the Bargaining Unit
    Persons whose positions are not in the bargaining unit shall not work in any positions which are included in the bargaining unit, except for the purposes of instruction, or in emergencies when regular employees are not available and provided that the act of performing the aforementioned operations, in itself, does not reduce the hours of work or pay of any employee.

  3. No Other Agreement
    No employee shall be required or permitted to make any written or verbal agreement with the Employer or the Employer’s representative which may conflict with the terms of this Collective Agreement.

  4. Representative of the Union
    The Union shall have the right at any time to have the assistance of representatives of the Canadian Union of Public Employees when dealing or negotiating with the Employer.

ARTICLE 4 – MANAGEMENT RIGHTS

The Union recognizes that it is the function of the Employer, to exercise the regular and customary function of management and to direct the working forces of the Employer, (provided that this will not be used for the purpose of discrimination against employees and subject to the terms of this Agreement).
The question of whether one of these rights is limited by this Agreement may be decided through the grievance procedure. For the satisfactory and more efficient operation of the Employer’s business, the parties to this Agreement recognize the following departments: Custodial, Maintenance, Transportation, Information Systems and Stores-Warehouse. Additional departments may be added as needed.

ARTICLE 5 – UNION SECURITY

  1. Acceptance of employment by an applicant shall constitute acceptance by that applicant of all terms and condltions of this Collective Agreement.
  2. The Employer agrees to notify the Union, in writing within five (5) working days, when an employee covered by this Agreement, is hired, promoted, demoted, transferred, laid-off, recalled, resigns, retires, is suspended, or is terminated.
  3. On the date of hire, employees shall be required to sign the recognized Union forms for membership application and dues deduction.
  4. All employees of the Employer, as a condition of continuing employment, shall become and remain members in good standing of the Union. All future employees of the Employer shall, as a condition of continued employment, become and remain members in good standing of the Union.

  5. Access to Information

    The Employer agrees to provide to the Union, within a reasonable period of time of the request, the following information:

    i.Financial information provided to the public, including annual financial reports and audits, school district budgets, preliminary and final fiscal frameworks, and statements of final determinations as are available to the public.

    ii.Employee information including listings of employees, showing their names, addresses,
    phone numbers (exclusive of those that are unlisted) and location of assignment.

    iii.Agendas and minutes of all public Board meetings and all attachments thereto at the time of distribution to the Board.

  6. Orientation for New Employees

    The Employer shall provide time for the new employee(s) and a Union Representative to acquaint employee(s) with the rights and responsibilities set out in the Collective Agreement at the end of the new employee(s)’ orientation session.

    The Employer shall provide reasonable notice of all upcoming new employee orientation sessions to the union.

    Release time for the Union Representative will be paid for by the Union.

    The Employer shall provide a digital copy of the current collective agreement or a hard copy if requested by the new employee.

ARTICLE 6 – CHECK-OFF OF UNION DUES

The Employer agrees to the check-off of all Union dues, fees and assessments levied in accordance with the Constitution and/or By-laws of the Union. The Union agrees to advise the Employer of the amounts of such Union dues and/or assessments as may be determined from time to time by the said Union. The Employer, upon receipt of such advice from the Union, shall thereupon deduct from the earnings of the employee such dues, fees and assessments and shall forward to the Union the total of such amounts deducted together with a list of those employees from whom such deductions were made, such deductions to be remitted to the Union Treasurer not later than the tenth (10’h) day of the following month. If the remittance cannot be made by the tenth (10’h) the Union Treasurer will be notified.

ARTICLE 7 – LABOUR MANAGEMENT RELATIONS

  1. Representation
    No individual employee or group of employees shall undertake to represent the Union at meetings with the Employer without proper authorization of the Union.
  2. Labour/Management Meetings
    A Labour/Management Committee shall be appointed and consist of not more than three (3) representatives of the Employer, as appointees of the Employer, and not more than three (3) members of the Union, as appointees of the Union, supplemented from time to time by a resource person as required with prior notification to the other party. The Union will advise the Employer of the Union nominees to the Committee.
  3. Function of Labour/Management Committee
    All matters of mutual concern pertaining to performance of work, operational problems, hours of work and other working conditions shall be referred to the Labour/Management Committee for discussion and recommendation for settlement. The Labour/Management Committee cannot change any article of the present Collective Agreement but may recommend a Letter of Understanding to the parties. The Parties agree to exchange any information relating to the matter under discussion for promoting cooperative resolution of workplace issues, fostering the development of work related skills and for promoting workplace productivity provided always that such information is not confidential, and either party has the legal right to disseminate same.
  4. Jurisdiction of Labour/Management Committee
    The Joint Committee shall not have jurisdiction over any matter of collective bargaining, including the administration of this Collective Agreement.
    The Joint Committee shall not supersede the activities of any other committee of the Union or of the Employer and does not have the power to bind either the Union or its members or the Employer to any decisions or conclusions reached in their discussions. The Joint Committee shall have the power to make recommendations to the Union and the Employer with the respect to its discussions and conclusions.
  5. Meeting of Labour/Management Committee
    Prior to June, the District shall provide the Union with a mutually agreed schedule of meetings for the following school year with representatives of the District Leadership Team and the Union Executive to discuss issues arising in the School District.
    In the event either party wishes to call a meeting of the Committee, the meeting shall be held at a time and place fixed by mutual agreement. However, such meeting must be held no later than six(6) calendar days after the request has been given. Should it become necessary such specified time may be extended by mutual consent of the parties.
  6. Chairman of Committee
    A representative of the Employer and a representative of the Union shall be designated as Joint Chairpersons and they shall alternate in presiding over meetings.
  7. Time Off for Meeting
    Any representative of the Union on any Joint Committee, who is in the employ of the Employer, shall have the privilege to attend Committee meetings held within working hours without loss of remuneration, provided however, that the scheduling of meeting dates shall be mutually agreed upon.
    The Local president or designate shall have the privilege to attend Board meetings held within their normal working hours without loss of remuneration.

ARTICLE 8 – GRIEVANCE PROCEDURE AND ARBITRATION

Should any difference arise between the persons bound by this Collective Agreement concerning its interpretation, application, operation, or any alleged violation thereof, including any question governing dismissal or suspension of any employee bound by this Collective Agreement, and including any question as to whether any matter is arbitrable, there should be no stoppage of work on account of such difference and an earnest effort shall be made to settle the difference in the following manner:

Step One
The grievance shall be submitted in writing to the Supervisor/Administrative Officer, Manager or Director concerned with a copy to the Assistant Superintendent, Human Resources, the Secretary Treasurer, Manager, Human Resources and to the Superintendent of Schools, within ten (10) working days of the parties becoming reasonably aware of the alleged violation(s) and shall state that the matter is a Grievance?n accordance with this Article. Up to two (2) Union representatives shall be granted leave with pay to attend a step one meeting with the employer.

Step Two
If the matter is not settled within seven (7) working days of submission of the written grievance to the Supervisor/administrative officer, Manager or Director, the matter shall be referred in writing within a further seven (7) working days to the Senior Board Official directly responsible, with a copy to the Assistant Superintendent, Human Resources, the Secretary Treasurer, the Manager, Human Resources and the Superintendent of Schools. Up to two (2) Union representatives shall be granted leave with pay to attend a step two meeting with the employer.

Step Three
If the matter is not settled within ten (10) working days of being referred to the Senior Board Official directly responsible, the matter shall within a further seven (7) working days be referred in writing to the Grievance Committees of the Employer and the Union. Up to three (3) union representatives shall be granted leave with pay to attend step three meetings with the employer.

The grievance shall be discussed between the Grievance Committee of the Employer, the aggrieved employee and the Grievance Committee of the Union. Failing settlement within fourteen (14) days of the matter having been referred to this stage, that matter shall within a further fourteen (14) working days by mutual written agreement be referred to step (a) or shall be referred in writing to step (b).

The cost of any substitute staff will be paid equally by the Employer and the Union for grievance meetings.

  1. Expedited Arbitration
    1. All presentations are to be short and concise and are to include a comprehensive opening statement. The Parties agree to make limited use of authorities during their presentation.
    2. Prior to rendering a decision, the arbitrator may assist the Parties in mediating a resolution to the grievance. If this occurs, the cost will be borne in accordance with Section 105 of the Labour Relations Code.
    3. Where mediation fails, or is not appropriate, a decision shall be rendered as contemplated herein.
    4. The decision of the arbitrator is to be mailed to the Parties within ten (10) working days of the hearing. The decision shall include a brief written explanation of the basis for the conclusion.
    5. All decisions of the arbitrator are to be limited in application to that particular dispute and are without prejudice. These decisions shall have no precedential value and shall not be referred to by either Party in any subsequent proceeding.
    6. All settlement of proposed expedited arbitration cases made prior to the hearing shall be without prejudice and shall not be referred to by either Party in any subsequent proceedings.
    7. The Parties shall equally share the costs of the fees and expenses of the expedited arbitrator.
    8. The expedited arbitrators who shall act as sole arbitrators, will be by mutual agreement of the Parties.
    9. It is understood that the Parties shall not appeal a decision of an expedited arbitrator. A decision of an expedited arbitrator is final and binding on the Parties.
    10. The expedited arbitrator will ensure a fair hearing and ensure that all necessary parts and considerations are brought forward by the representatives of the Parties.
    11. If the expedited arbitrator or the Parties mutually conclude at the hearing that the issues indicate a complexity or significance not previously apparent so as to require further consideration by the Parties, the case shall be referred back to the Parties for reconsideration and the regular arbitration process.
    12. The expedited arbitrator shall have the same powers and authority as an Arbitration Board established under Section (I) of this Article.
  2. Arbitration
    1. The Parties may choose to have grievances heard by either a single arbitrator or an Arbitration Board.
    2. If the Parties choose to proceed with an Arbitration Board, then either Party shall notify the other, in writing, of the question(s) to be arbitrated and the name and address of its chosen representative on the Arbitration Board. After receiving such notice and statement, the other Party shall within five (5) days appoint its representative on the Arbitration Board and give notice in writing of such appointment to the other Party. Such representatives shall endeavour to select a third member who shall be Chairman. Should the representatives fail to select such third member within five (5) days from the appointment of the last representative, either Party may request the Minister of Labour of the Province of British Columbia appoint a Chairman. The expenses and compensation of the representatives selected by the Parties shall be borne by the respective Parties. The expenses and compensation of the Chairman shall be shared equally between the Parties.
  3. Within fourteen (14) days following the establishment of the Arbitration Board, it shall report its decision on the grievance. The majority decision of the Board shall be final and binding on all persons bound by this Agreement.
  4. In the event the Arbitration Board finds that an employee has been dismissed or suspended for other than proper cause, the Arbitration Board may direct the Employer to reinstate the employee without loss of seniority, and pay to the employee a sum equal to his/her wages or salary lost by reason of such suspension or discharge, or such lesser sum as in the opinion of the Arbitration Board is fair and reasonable, or to make such other order as it considers fair and reasonable having regard to the terms of the Collective Agreement between the parties.
  5. Wherever a stipulated time is mentioned in this Article, the said time may be extended by mutual written consent of the Parties.

ARTICLE 9 – SENIORITY

  1. Seniority Defined Seniority shall operate on a bargaining unit wide basis, commensurate with the employees’ original date of hire.
  2. Seniority List The Employer shall maintain a seniority list showing the commencement date of each employee’s service. An up-to-date seniority list shall be sent to the Union quarterly, including one to each school, to be posted by the custodian in their work area when received. The list shall reflect accumulated service up to the end of the previous month and be available in January, April, July and October each year.
  3. Probationary Employees Newly hired employees shall be considered on a probationary basis for a period of forty-five (45) days of work from date of hiring. The employment of such employees may be terminated at any time during the probationary period without recourse to the Grievance Procedure, unless the Union claims discrimination, as noted in Article 4, as the basis of termination. After completion of the probationary period, seniority shall be effective from the original date of employment.
  4. Loss of Seniority An employee shall not lose seniority rights if they are absent from work because of sickness, accident, lay-off, or leave of absence approved by the Employer. An employee shall only lose their seniority in the event:
    • They are discharged for just cause and are not reinstated,
    • They resign,
    • They fail to return to work within seven (7) calendar days following a layoff and after being notified by registered mail to do so, unless through sickness or other just cause. It shall be the responsibility of the employee to keep the Employer informed of their current address and phone number, and/or message number,
    • They are laid off for a period longer than one (1) year.
  5. Transfers Outside Bargaining Unit No employee shall be transferred to a position outside the bargaining unit without their consent.
  6. Substitute Employees A substitute employee who has completed a probationary period of 45 worming days or 360 hours shall have seniority effective from the original date of hire. A probationary substitute employee shall be paid at the regular rate for the position plus 4% vacation pay. Upon successful completion of the probationary period, the substitute employee will receive their regular rate of pay plus 12% in lieu of benefits including vacation and Statutory holiday pay. Substitute employees will be called out in order of seniority. The Union and the Board agree that the call out of probationary substitute employees will be accommodated to allow assignments in blocks of time for the purpose of evaluation. Should no work be available for substitute employees no layoff notice is required.

ARTICLE 10 – ADVERSE REPORTS

  1. Adverse Reports
    Wherever the work conduct or the work standard of an employee is of such a nature to warrant disciplinary action, a warning of disciplinary action or adverse report, the Board shall notify the employee of its dissatisfaction in writing within five (5) days with a copy to the Union. The employee’s written reply, if any, shall become part of his record. An adverse report of an employee shall not be used against the employee after twelve (12) months following a suspension or disciplinary action providing that no further disciplinary action has been recorded during this period. Providing that no further disciplinary action has been recorded in this period the adverse report shall be removed from the employee’s file after eighteen (18) months.
  2. Access to Personnel File
    An employee shall have the right to have access to and review their personnel file, with their immediate supervisor, and/or the Human Resources Officer and a Union representative of their choice, and shall have the right to respond in writing to any document contained therein, such a reply becoming part of the permanent record.
    Employees wishing access must submit a request to the Human Resources Officer during normal working hours. Such appointment shall be granted within two (2) days of the request. The Human Resources Officer shall grant access on presentation of appropriate identification.
  3. Right to Representation
    An employee shall have the right to be accompanied by a representative of the Union at a meeting between that employee and a school-based Administrative Officer or that employee’s immediate Supervisor if:
    1. the meeting is discipline related; or,
    2. the employee, Administrative Officer or immediate Supervisor, or a representative of the Union has reasonable cause to believe a member of the Union should be present.

An employee shall have the right to be accompanied by a representative of the Union at a meeting between that employee and any Employer representative not referred to above.

ARTICLE 11 — POSTING AND FILLING VACANT POSITIONS

  1. Job Postings
    1. When a vacancy occurs or a new position is created, the Employer shall notify the Union in writing, and post a notice of such vacancy or new position on the Employer’s website within seven (7) days, unless a reasonable explanation is supplied to the Union, in order that all employees will know about the vacancy or new position to be able to make written application for same. Such posting shall be for a period of seven (7) days. Appointments from within the bargaining unit shall be made within four (4) weeks of posting.
    2. Should the criteria for a vacancy as posted be amended, the original notice shall be cancelled and a new notice posted.
    3. Applicants will respond within forty-eight (48) hours of being contacted about a posting they have applied for. If a response is not received within forty-eight (48) hours, the applicant forfeits their right to the posting and the Employer will contact the next applicant unless the applicant has notified the Employer in advance of the posting closing date that they require an extension to respond and providing there is good and sufficient cause.
      Applicants and the Union shall be notified of the successful applicant’s name within five (5) days of the Board’s decision.
    4. Applicants must provide all relevant information with their application.
  2. Information in Postings
    Such notice shall contain the following information: date of issue, nature of position, qualifications, required knowledge and education, skills, shift, hours of work, location, wage or salary rate or range and that the position is open to all applicants.
    A copy of all current Job Descriptions will be available on the District website.
  3. Promotions, Transfers, and Filling Vacancies
    That in making promotions and transfers, the required knowledge, ability and skills for the position shall be the primary consideration and where two or more employees are qualified to fill the position, seniority with the Employer shall be the determining factor.
  4. Temporary Vacancy
    Temporary vacancies of less than three (3) months shall first be filled by persons within that school or site who possess the required knowledge, abilities and skills for the position as outlined within the class specification. Where two or more employees are qualified to fill the position, seniority shall be the determining factor. A substitute shall fill the resulting vacancy.
    Temporary vacancies of three months or longer shall be posted as per Article 11[c]. The resulting vacancy shall be filled first by the persons within that school or site who possess the required knowledge, abilities and skills for the position as outlined within the class specification. Where two or more employees are qualified to fill the position, seniority shall be the determining factor. A substitute employee shall fill the resulting vacancy.
    Where a regular employee in a continuing assignment is the successful candidate to fill a posting of a temporary vacancy, a substitute employee shall fill the resulting vacancy.
    At the completion of the term assignments, employees will return to their original posted positions.
    If an extension to a temporary vacancy is required the employee will be given the first option to continue in the temporary vacancy or go back to their original posting.
  5. Trial Period
    1. The successful applicant, who is assigned or has posted to another position at a higher rate of pay or different job classification, shall be placed on trial for a period of thirty (30) days of work. Conditional on satisfactory service, such trial promotion shall become permanent after the period of thirty (30) days of work. In the event the successful applicant proves unsatisfactory in the position during the aforementioned trial period, or if the employee finds they are unable to perform the duties of the new job classification, they shall be returned to their former position without loss of seniority and previous wage or salary. Any other employee promoted or transferred because of the rearrangement of positions shall also be returned to their former position without loss of seniority and previous wage or salary. The thirty (30) working day trial period may be extended by mutual agreement of the Employer and the Union.
    2. Employees shall receive a copy of their trial period report.
    3. Class specifications shall be issued to employees upon promotion or transfer to a position having a different class specification.
  6. Lateral Transfer
    Employees posting into a lateral transfer shall retain the right to return to their former position within fifteen (15) days.

ARTICLE 12 – LAYOFFS AND RECALLS

  1. Layoff
    In the event of a layoff, employees shall be laid off in the reverse order of their seniority. An employee served layoff notice shall be given the opportunity to displace an employee with less accumulated seniority in the same or lower classification provided the employee has the necessary qualification and ability. The employee shall also be given the opportunity to apply for any higher classifications which are occupied by an employee with lesser accumulated seniority. Once an application has been received, the Employer shall interview the employee to evaluate the employee’s ability and qualifications for the position as compared to the incumbents. The required knowledge, ability and skills for the position shall be the primary consideration and where both employees are qualified to fill the position, seniority with the employee shall be the determining factor.
    For the purpose of this Article, a layoff shall, at the employee’s option, also be deemed to occur when the hours of work of an employee working a minimum of fifteen (15) hours per week are reduced by twenty (20) percent or five (5) or more hours per week, whichever is less. This will also include the total cumulative reduction of hours per week to an individual employee’s position at one location over the previous five (5) years.
    An employee who wishes to displace an employee with less accumulated seniority should notify the Employer as soon as possible and, in any event, must notify the Employer within seven (7) days of receipt of layoff notice.
    Employees who have not successfully bumped into a position within three (3) months of notification, shall be allowed to revise and update their original list of choices.
  2. Layoff Notice
    The Employer shall notify regular employees with less than six (6) years of continuous service ten(10) working days prior to the date layoff is to be effective. An employee with six 6) or more years of service shall receive twenty (20) working days notice prior to the date layoff is to be effective. If the employee to be laid off has not had the opportunity to work ten (10) or twenty(20) full days after notice of layoff, the employee shall be paid in lieu of work that portion of ten(10) or twenty (20) days during which work was not made available. For the purpose of this section when weather conditions, or emergency situations make regular work impractical or impossible the provisions of this section shall be set aside.
  3. Recall from Layoff
    Employees shall be recalled in order of their seniority, where work becomes available, provided they have the ability and qualifications to perform such work.
    No new employee shall be hired until those laid off have been given an opportunity of re- employment.
  4. Severance Pay
    1. A regular employee who has one or more years of seniority and who is laid off under this Article may elect either to receive severance pay or to have his/her name placed on a recall list for a period of up to one year. The employee may elect to receive severance pay at any time during the first year following notification of layoff.
    2. An employee on temporary layoff and not recalled before loss of recall rights in accordance with Article 9, Section d(iv), shall automatically be paid severance pay within one (1) week of loss of recall rights.
    3. Severance pay shall be calculated at the rate of five (5) percent of one year’s salary for each year of full-time equivalent seniority, or portion thereof, to a maximum of one (1) year’s salary. Salary shall be based on the current calendar year’s annual salary at time of layoff. Annual salary is defined as the amount the employee earned to the layoff date and the amount which would have been earned had the employee remained in the position occupied at the time of layoff, based upon the straight time hourly rate, weekly hours of work and number of weeks wormed per year.
    4. An employee who chooses not to exercise bumping rights, where such bumping rights are available, shall be deemed to have voluntarily terminated his/her employment. This shall not affect an employee’s right to receive sick leave payout if the employee otherwise meets all requirements of Article 16 (h) of this Agreement. Should the original position from which this employee is forced to bump become vacant, that employee shall be given first opportunity to fill that position.
    5. It is not the intent of this Article that school term employees will be entitled to receive severance pay as a result of normal school closures.
    6. An employee who has received severance pay and is subsequently rehired by the Board shall retain any payment under the terms of this Article, but the calculation for future years of service shall commence with the date of rehiring.
    7. An employee who accepts severance pay under this Article shall have no further right to recall of employment.

ARTICLE 13 – HOURS OF WORK

  1. Hours of Work Defined
    1. The standard working day shall consist of eight (8) hours. The work day for Maintenance employees shall be completed eight and one-half(8 1/2) hours of commencing same.
    2. The standard working week shall consist of five (5) shifts of eight (8) hours each.
    3. Each employee shall have two (2) days off each calendar week. Such days off shall be scheduled consecutively and may be in consecutive weeks. Such days off shall be considered as the employee’s Saturday and Sunday.
    4. The days shall commence at 12:01 a.m. and end at 12:00 midnight the same day.
    5. The week shall commence at 12:01 a.m. Saturday and end the following Friday night at 12 midnight.
    6. A shift, commencing on one day and extending into the next day, shall be considered work performed on the day the shift commenced.
    7. In the event of staggered class timetables, night school classes and extra-curricular activities, etc., it is agreed that the matter of extra hours of work and additional compensation for the Custodian will be discussed as per Article 13, Subsection (b).
    8. Employees working an afternoon or graveyard shift, shall be allowed one-half(1/2) hour lunch period during their working shift for which there shall be no deduction from wages. On graveyard shift 12:01 a.m. to 7:30 a.m. an employee would work a seven (7) hour shift and be paid for eight (8) hours.
    9. Employees shall be paid a shift differential of 5’Zo of the regular hourly rate for each hour of the entire shift if any hours of the shift fall between twelve (12) midnight and seven (7) a.m.
    10. Employees working an eight (8) hour shift shall be permitted a rest period of fifteen (15) consecutive minutes both in the first and the Second half of a shift.
    11. It shall be the duty of all employees to report for work on each and every working day at the prescribed hours. Failure of employees to comply with the provisions of this clause, without proper cause, will result in disciplinary action by the Board, provided, however, that where an employee is unable to report to work because of sickness, they will arrange to notify their immediate Supervisor or some other official of the Board by telephone prior to the commencement of the working day, or as soon as possible thereafter.
    12. Employees returning to work after an absence for any reason, shall notify their Supervisor of their intentions not less than six (6) hours prior to the commencement of their regular shift. Failure to comply with the provisions of this clause where a substitute has been hired to temporarily replace the absent employee, may result in the substitute completing the shift and the regular employee waiting until the next regular shift before commencing work.
    13. Employees who fail to comply with the provisions of clause (xii) shall lose their pay for the day or days they do not work.
    14. It is agreed that during Summer vacation, Christmas, and Spring school break, all employees employed will be on a regular day shift, except in those schools where educational programs occur during these periods or in District offices where a day shift is impractical (e.g. School Board Office and Maintenance).

  2. Overtime

    All time worked in excess of eight (8) hours per day or forty (40) hours per week shall be considered as overtime and shall be paid for at two (2) times the regular hourly rate of pay. Overtime shall be worked on voluntary basis.

    Employees shall have the option to take overtime in dollars or in time off at the appropriate overtime rate. The present practice for arranging when the time off is to be taken will continue. Any overtime to be taken as time off will be paid out if not taken or scheduled as time off by May 31st of the school year in which it is earned. If the scheduled overtime has not been taken by May 31st of the following year, it will be paid out by June 30th of that school year.

    All “overtime” must have prior authorization from an official of the Employer before being worked, except in the case of an emergency resulting from inclement weather or other cause. In such cases, the employee shall use their best judgment for the protection of school board property. In such instances, overtime must be reported, at the earliest opportunity, to the employee’s immediate Supervisor/Administrative Officer, Director, Facilities Services or the Secretary- Treasurer for approval.

  3. Minimum Working Hours

    Where an employee reports for work and no work is available, such employee shall be paid for a minimum of two (2) hours unless the employee is unfit to perform the employee’s duties, or the employee has failed to comply with WorkSafeBC requirements.

    In the event the employee commences work, a minimum of four (4) hours shall be paid unless the employee’s work is suspended because of reasons completely beyond the control of the Employer, in which case the employee shall be paid for a minimum of two (2) hours.

  4. Call Out

    A call-out shall mean a request by the Employer to an employee to work any time outside such employee’s regularly scheduled working hours and shall receive a minimum of two (2) hours pay at the prevailing overtime rates.

    Employees notified prior to the end of their shift to report for work outside the regular shift the following day shall not constitute a call out; however, for that day the employee will be paid eight
    (8) hours pay for seven (7) hours worked. Any hours worked that day beyond seven (7) will be paid at two (2) times the regular hourly rate of pay.

  5. Overtime and Call Out Equalization

    Overtime and callout opportunities shall be offered, within departments or schools, equally among employees who are qualified and willing to perform the work that is available. These provisions shall be applied on a school year basis.

ARTICLE 14 – STATUTORY HOLIDAYS

  1. Statutory Holiday Entitlement
    All employees shall have the following Statutory Holidays off with pay at the employee’s regular rate of pay:
    New Year’s Day
    Family Day
    Good Friday
    Easter Monday
    Victoria Day
    Canada Day
    British Columbia Day
    Labour Day
    Thanksgiving Day
    Remembrance Day
    Christmas Day
    Boxing Day

    and any other school day proclaimed a holiday by the Federal, Provincial or Municipal Governments.

    For the purpose of this Section, all new employees hired by the Employer shall have worked for the Employer at least fifteen (15) worlcing days in the thirty (30) calendar day period immediately prior to their Statutory Holiday.

    Employees shall receive time off with pay for one-half(1/2) day before Christmas Day and one- half(1/2) day before New Year’s Day, starting at twelve (12) noon in each instance, only when Christmas Day and New Year’s Day fall on Tuesday through Saturday, provided the employee is scheduled to work on these days

  2. Statutory Holidays While Laid Off
    Employees laid off from work shall only be entitled to Statutory Holiday pay if the Statutory Holiday occurs during the first ten (10) working days of the layoff or occurs within the last ten (10) working days prior to their return to work.
  3. Statutory Holidays While School In Session
    An employee will be granted an alternate day off in lieu of a Statutory Holiday which falls on a day on which school is in session. This alternate day will be granted during the Christmas break. Any employee entitled to the alternate day who cannot be given the alternate day off will be paid for the day involved.
  4. Statutory Holidays on Day Off
    When any of the above-noted holidays fall on an employee’s scheduled day off, the employee shall receive another day off with pay at a time mutually agreed upon between the Employer and the employee.
  5. Hours Worked on a Statutory holiday
    All employees who are required to report for work on a Statutory Holiday shall be paid for the hours worked, with a minimum of two (2) hours pay at two (2) times their regular wage rate, for each time the employee is called out, in addition to any compensation that they are entitled to for the Statutory Holiday.

ARTICLE 15 – ANNUAL VACATIONS

All employees covered by this Agreement shall receive an annual vacation with pay, on the following basis:

  1. Vacation Year
    For the purpose of this section, the calendar year shall end with the last pay period ending in June of each year and a new calendar year shall commence the following day. Employees will not receive a separate vacation cheque but will receive pay on a continuous basis on their regular pay day.
  2. Vacation Entitlement
    1. An employee shall be entitled to receive their vacation in an unbroken period unless otherwise mutually agreed upon between the employee concerned and the Employer.
    2. Employees anticipating a requirement for an extension to their total vacation entitlement, due to exceptional circumstances, in the next vacation year are entitled to carry over two (2) weeks of their current vacation entitlement. This carry-over should be applied for at the same time as the request for annual vacation and must be taken in the next vacation year.
    3. Any changes to the carryover entitlement shall be subject to the approval of the supervisor. The value of the carried week will be pegged to the prevailing contract at the time the week of vacation is taken.
    4. An employee’s vacation entitlement will be in accordance with Article 15 (iii-viii) except where an employee has taken a leave of absence without pay of three months or longer. Employees who have taken a leave of absence totaling three (3) months or longer will have their vacation entitlement pro-rated in accordance with the length of their leave.
    5. Employees, during the first (SP) calendar year of service, shall accumulate one (1) working day for each completed month of employment or major fraction thereof, to a maximum of ten(10) working days. Employees shall receive an annual vacation equivalent to the accumulated working days at the employee’s regular rate of pay or four (4) percent of the employee’s annual gross earnings, whichever is greater.
    6. Employees who have been continuously employed for less than a twelve month period but are on the payroll as of the last pay period ending in June, shall be considered to have completed their first calendar year of service.
    7. Employees, during their second (2nd) year of continuous service, shall earn fifteen (15) working days annual vacation at their regular rate of pay or six (6) percent of their annual gross earnings, whichever is greater.
    8. Employees, during their seventh (7’h) year of continuous service, shall earn twenty (20) working days annual vacation at their regular rate of pay or eight (8) percent of their annual gross earning, whichever is greater.
    9. Employees, during their fifteenth (15’h) year of continuous service, shall earn twenty-five(25) working days annual vacation at their regular rate of pay or ten (10) percent of their annual gross earnings, whichever is greater.
    10. Employees, during their twenty-first (215 t) year of continuous service, shall earn thirty (30) working days annual vacation at their regular rate of pay or twelve (12) percent of their annual gross earnings, whichever is greater.
    11. Employees who have completed ten (10) years of continuous service shall be entitled to a one time only supplementary entitlement of five (5) days vacation to be taken within the next five (5) year period.
    12. Employees who have completed twenty (20) years of continuous service shall be entitled to a further one time only supplementary entitlement of five (5) days vacation to be taken within the next five (5) year period.
    13. The supplementary vacation entitlement upon completion of ten (10) years continuous service is excluded from the five (5) week entitlement referred to in (e) Vacation Preference of this Article.

  3. Added Vacation
    Where an employee becomes eligible for added vacation in any year, the employee shall be entitled to such added vacation at the time of taking their annual vacation.

  4. Vacation Schedule
    On or before April 30th of each calendar year, employees shall submit their requests for annual vacation on forms provided by the Employer, and on or before May 31 ‘ of the same calendar year, the Employer shall approve the scheduling of annual vacations for employees.

    Where an employee has made arrangements for annual vacation which has been approved by the Employer and subsequently such employee is required by the Employer, due to emergent conditions, to change such vacation period, then the employee at the employee’s discretion shall be granted one (1) additional week of vacation or vacation pay in addition to the employee’s regular entitlement. The employee will also be reimbursed for any cancellation costs which are not covered by insurance, provided that the Employer was advised of these costs prior to confirming the requirement that the employee work and actual cancellation of the vacation plans.

  5. Vacation Preference
    Where two (2) or more employees request the same vacation dates which conflict, and provided that they have submitted their vacation request in accordance with Article 15 (d) – Vacation Schedule, seniority shall govern. Requests not submitted in accordance with Article 15 (d) will be given preference in the order received.

    Employees with vacation entitlement of five (5) weeks or more shall be allowed to take up to two(2) weeks vacation anytime during the year, provided that the arrangements are confirmed to the Supervisor at least two (2) months in advance or by mutual consent with less notice.

  6. Statutory Holiday During Vacation
    When a Statutory Holiday falls or is observed during an employee’s annual vacation period, they shall be granted an additional days’ vacation for each Statutory Holiday in addition to their regular vacation time.
  7. Sick Leave/Bereavement During Vacation
    Where an employee qualifies for sick leave or bereavement leave during his/her period of vacation, there shall be no deduction from vacation credits for such absence, provided notice is given to the Employer as soon as the need arises. If practical, the period of vacation so displaced shall be added to and taken as a continuation of the vacation period or taken at an alternate time with the approval of the supervisor. To benefit from the provisions of this clause, an employee shall provide a doctor’s certificate attesting to the sickness and that the individual was examined during the period in question, or a copy of the obituary notice/funeral bulletin.

ARTICLE 16 – SICK LEAVE PROVISIONS

  1. Sick Leave Defined
    Sick leave means the period of time an employee is entitled to be absent from work with full pay by virtue of being sick or disabled, or because of an accident for which compensation is not payable under the Workers’ Compensation Act. Where an employee is involved in an accident, other than an accident covered by the Workers’ Compensation Act as referred to above, and as a result is paid sick leave during absence from work, any compensation recovered from an insurer or court award shall be repaid by the employee to the Employer for the sole purpose of reinstating any siclc leave used in relation to the accident.
  2. Sick Leave Accumulation
    All employees, upon completion of the probationary period, shall be granted one and one-half(1 1/2) days’ sick leave with pay for every month of service retroactive to the date of hire. An employee shall be entitled to an accrual of all unused sick leave for their future benefits.
    When an employee is given leave of absence without pay for any reason, or is laid off due to lack of work, they shall not receive sick leave credit for the period of such absence but shall retain their cumulative credit.
  3. Sick Leave Advance
    An employee with more than one (1) year of service who has exhausted the employee’s sick leave credits shall be allowed to draw upon an advance of a maximum of eighteen (18) days sick leave provided that there is medical certification of a reasonable expectation of the employee’s return to work in the near future. This sick leave advance shall be repaid by the employee upon the employee’s return to duty through the employee’s normal monthly accumulation. If an employee is able to return to work and then either resigns or is terminated for just cause before the advance is repaid, the individual shall be responsible for repaying the remainder of the advance.
  4. Sick Leave Deductions
    A deduction shall be made from accumulated sick leave of all normal working hours (exclusive of holidays) absent from work for sick leave as defined.
    Any employee who becomes entitled to sick leave during the current year shall first be deducted from the current year’s entitlement as provided in sub-section (b) aforementioned before deductions are made from their accumulated sick leave.
    1. Medical/Dental Appointments
      Employees shall be allowed to access sick days from their sick bank to use for medical and dental appointments for the employee. If there is no sick bank time available, then such leave shall be considered a leave of absence without pay.
    2. Family Illness
      Employees shall be allowed to access two (2) days per calendar year from their sick bank where illness occurs in the immediate family of an employee, as defined in Article 17 (e) — Bereavement Leave.

  5. Proof of Sickness
    An employee may be required to produce a certificate from a qualified medical practitioner for any sickness in excess of three (3) working days, certifying that such employee is unable to carry out their duties due to sickness, or non-compensable accident.

    Where an employee incurs a cost in obtaining such medical certificate the Board shall reimburse such cost upon presentation of receipt.

  6. Sick Leave Payout
    New employees shall not be entitled to gratuity sick leave pay out until one year of service has been completed. An employee shall be entitled to one-third (1/3) of the employee’s unused sick leave accumulation for the previous calendar year. This sick leave payout for the year may be taken in cash or time off in lieu, if properly scheduled, at a time which is mutually agreeable, after one full year of employment, the pay-out commencing in the employee’s second year or proportion
    thereof. The rate of pay shall be calculated on the basis of that in effect the previous December 31st and shall be paid before the end of March. The pay-out is calculated on the total number of

    gratuity days as of December 31St of the previous year. The number of gratuity days shall be calculated to the nearest full day and the total shall be deducted from the total sick leave balance for that year.

  7. Retirement/Death Payout
    An employee with ten (10) or more years of continuous service shall receive the number of days sick leave to the employee’s credit to a maximum of one-hundred (100) days upon retirement or termination of employment by the Employer. The provisions of this clause shall be nullified in the case of dismissal for just cause.

    On an employee’s death, the number of days sick leave to the employee’s credit to a maximum of one-hundred (100) days will be paid to the employee’s estate or beneficiary.

  8. Approved Medical Leave or Long Term Disability
    Employees on an approved medical leave or long term disability who are returning to work within twenty-four (24) months of commencement of the leave shall return to their former position.

    For longer periods, the Employer shall make reasonable efforts to assist the employee in maintaining his/her previous hours of work in the same or similar classification for which the employee is qualified subject to duty to accommodate requirements. This may include utilizing an existing casual list to assist the employee’s efforts to return to work while waiting for a suitable vacancy to arise or a temporary appointment to a term position for which the employee is qualified. If no casual list exists and a temporary vacancy is not available, the provisions of Article 12 — Layoffs and Recalls will be applied to the most junior employee occupying the applicable classification. The returning employee shall be paid the rate of pay applicable to the position they are occupying.

    Should the Employer find a suitable vacancy and the employee chooses to decline such vacancy, the employer shall be deemed to have met its obligations under this clause.

ARTICLE 17 – LEAVE OF ABSENCE

  1. General Leave
    The Employer may grant leave of absence with or without pay and without loss of seniority to any employee requesting such leave for good and sufficient cause. Such request is to be in writing and approved by the Employer. Such approval shall not be withheld unjustly. In the case of emergency, approval may be sought and granted verbally, and shall be confirmed in writing.
    1. Domestic Violence
      The Employer recognizes that employees sometimes face situations of violence or abuse in their personal life that may affect their attendance and performance. Employees in these situations may access General Leave as per 17 (a).
  2. Leave for Negotiations
    Representatives of the Union shall be granted leave with pay when required to leave their employment temporarily to attend negotiation meetings with the Employer, provided not more than five (5) employees are absent at any one time or, for negotiation meetings with the Employer, provided not more than five (5) employees are absent at any one time. The cost of any substitute staff will be paid equally by the Employer and the Union for negotiating meetings.Members of the Union Negotiating Committee who work afternoon or graveyard shifts and are required to negotiate after twelve (12) noon on normal work days shall be granted leave of absence with pay and a substitute shall be provided for said employees, to a maximum of three (3) employees. The cost of such substitutes shall be paid equally by the Union and the Employer.
  3. Leave for Union Duties
    1. Short Term
      It is agreed that official representatives of the Union be granted leave of absence without pay to attend Union Conventions, or to perform any other function on behalf of the Union and its affiliation, provided not more than five (5) Union representatives shall be away at any one time. Not more than nine (9) Union representatives shall be away without pay at any one time to attend Union executive meetings of up to a maximum of three (3) per year. Such leave of absence shall not affect the employee’s seniority and/or benefits contained in this Agreement. The Employer shall continue paying the employee’s wages and the Union shall reimburse the Employer for such wages
    2. Long Term
      It is agreed that any employee who is elected or selected for a full-time position with the Union or any body with which the Union is affiliated, shall be granted leave of absence without pay and without loss of seniority by the Employer for a period of up to one (1) year and shall be renewed each year on request during the employee’s term of office. If the employee requests to be kept on benefits, the employee will pay the full costs of the benefit premiums. Such leave of absence shall not affect the employee’s seniority.
  4. Leave for Public Duties
    The Employer recognizes the right of an employee to participate in public affairs. Therefore, upon written request, the Employer shall allow leave of absence without pay but no loss of benefits so that the employee may be a candidate in Federal, Provincial, or Municipal elections. An employee who is elected to public office shall be allowed leave of absence without loss of seniority during the employee’s term of office. If the employee requests to be kept on benefits, the employee will pay for the direct costs.
  5. Bereavement Leave
    Up to three (3) days with pay shall be granted where an immediate family member’s medical prognosis is terminal. This provision will apply once only for each immediate family member as defined below.Up to five (5) days leave with pay shall be granted where a death occurs in the immediate family of an employee or an employee’s spouse. Immediate family is defined as including parents, grandparents, children, grandchildren, brothers, sisters, step-children, step-parents, sister-in-law and brother-in-law. Up to three (3) additional days may be granted where extensive travel is involved. Request for leave should be made as soon as practicable.
  6. Mourner’s Leave
    In the event of the death of an employee’s relative not listed in Article 17(e) Bereavement Leave or death of a friend of an employee, the employee shall be entitled to leave with pay for one (1) day for the purpose of attending the funeral or celebration of life or memorial service or mourning.
    Additional days may be granted without pay, where extensive travel is involved, up to a maximum of three (3) days. The Mourner’s Leave with pay would not exceed one day. Request for leave shall be made as soon as practicable.
    In extenuating circumstances, additional leave without pay may be granted.
  7. Jury or Court Witness Duty
    The Employer shall grant leave of absence without loss of seniority to an employee who serves as a juror or witness in any court. The Employer shall pay such an employee the difference between their normal earnings and the payment they received for jury service or court witness. The employee will present proof of service and the amount of pay received.
    This leave shall not be granted with pay where an employee is appearing on the employee’s own behalf.
  8. Maternity/Adoption Leave
    1. Upon written request at least four (4) weeks prior to intended date of leave, supported by a certificate from a qualified medical practitioner stating that the employee is pregnant and estimating the probable date of birth or documentation that an employee has commenced adoption proceedings under the provisions of the Adoption Act, an employee shall be granted maternity/adoption leave without pay to a maximum of seventeen (17) consecutive weeks. Seniority shall be accumulated during this seventeen (17) weeks and without loss of seniority and in accordance with the Employment Standards Act.
    2. The services of an employee who is absent from work in accordance with this clause shall be considered continuous for the purpose of benefits provided under Article 20 a. and b., provided that the employee continues to pay his/her share of the premiums.
    3. In the case of incomplete pregnancy, death of the child or other special situation, a written request, accompanied by a medical certificate providing clearance for the employee to return early from the leave, may be submitted in which case the Employer will attempt to accommodate the request.
  9. Parental Leave
    1. Upon written request at least four (4) weeks prior to the intended date of leave, supported by a certificate from a qualified medical practitioner stating the date or probable date of birth of the employee’s child or documentation that an employee has commenced adoption proceedings under the provisions of the Adoption Act, an employee shall be granted parental leave without pay and without loss of seniority to a maximum of thirty-seven (37) consecutive weeks. Seniority shall be accumulated during this thirty-seven (37) week period and in accordance with the Employment Standards Act.
    2. The services of an employee who is absent from work in accordance with this clause shall be considered continuous for the purpose of benefits provided under Article 20 a. and b., provided that the employee continues to pay the employee’s share of the premiums.
    3. Where an employee submits a written request at least four (4) weelcs prior to the expiry of the parental leave for additional leave, a General Leave to commence immediately upon expiry of the Parental Leave, up to a maximum of six (6) months shall be allowed. The premium cost for benefits during this period of General Leave shall be fully paid by the employee.

  10. Education Leave
    Leave of absence without pay shall be granted to an employee, in order to upgrade their education or training, so as to improve their employment opportunities for positions within the School District.

    This leave shall be granted only where the time is mutually agreed to and provided an acceptable substitute can be recruited. This leave shall be accorded to no more than two (2) employees at any one time.

  11. Adoption Leave
    Two (2) days leave with pay shall be granted to coincide with the date of adoption of a child.

  12. Paternity Leave
    Two (2) days leave with pay shall be granted to coincide with the date of a child’s birth.

  13. Supplementary Family Illness Leave
    Employees, having exhausted their Family Illness provisions under Article 16 (d) (ii) — Family Illness, shall be allowed up to a maximum of four (4) days with pay per calendar year of supplementary family illness leave where illness occurs in the immediate family of an employee as defined in Article 17 (e) — Bereavement Leave.

ARTICLE 18 – COMPENSATION AND ALLOWANCES

  1. Pay Days
    For the purpose of this section, an employee shall be paid every two (2) weeks.
  2. Equal Pay for Equal Work
    The principle of equal pay for equal work shall apply, regardless of sex.
  3. Part-Time Employees
    Regular part-time employees shall receive the conditions of employment and perquisites specified in this Agreement on a pro-rata basis according to their hours of work.
  4. Education Allowances
    The Employer shall pay the full cost of any course of instruction required by the Employer for an employee to better qualify themselves to perform their job, Payment shall be made one half(1/2) prior to the start of the course and the remainder on successful completion of the course.
  5. Higher Classification
    When an employee is appointed or requested by the Employer to perform the duties of a higher classification, the employee shall receive the higher rate of pay for all hours worked at the higher classification.

  6. Level II First Aid Premium
    The Employer shall pay an allowance of $100 per month to an employee who is willing to perform first aid duties, holds a valid Level II First Aid Certificate and is designated by the Employer as a Level II First Aid Attendant.

    Employees shall not lose pay in order to take Level II First Aid training where such training is scheduled by the Employer during the employee’s normal working hours.

ARTICLE 19 – CLASSIFICATIONS

  1. Specifications
    1. The Employer agrees to draw up specifications for all positions and classifications for which the Union is bargaining agent. These specifications shall be presented to the Union and shall become the recognized specifications unless the Union presents written objection within thirty (30) days.
    2. When an employee will be required to use their personal vehicle to perform business for the Employer, this will be clearly stated in the specifications for the position.
    3. Classifications and specifications so established shall not be changed or eliminated without prior agreement with the Union.
  2. Classification/Reclassification/Job Evaluation Maintenance
    1. If an employee believes a position is improperly classified, or when the duties of a position are changed, or if a new classification is created, the matter shall be referred to the Joint Job Evaluation Committee whose function shall be to determine the appropriate rate of pay by using the CUPE Gender Neutral Job Evaluation Manual. If resolution cannot be achieved by unanimous agreement of the Joint Job Evaluation Committee the matter shall be handled in accordance with the Grievance Procedure.
    2. The Committee will perform its work in two stages. In the first stage, two representatives of the School District on the Committee will meet with two representatives of the directly affected Local on the Committee to address the referral to the Committee made by a member of the directly affected local. In the second stage, the matter will be referred to the full Joint Job Evaluation Committee to determine the appropriate rate of pay using the CUPE Gender Neutral Job Evaluation Manual.
    3. The CUPE Gender Neutral Job Evaluation Manual shall only be amended by mutual agreement of the Parties.
    4. The Joint Job Evaluation Committee shall be comprised of up to two (2) representatives of the Union, up to two (2) representatives of CUPE Local 1851, and up to four (4) representatives of the Employer.
    5. Where classifications are reclassified, then such position shall be accorded to the incumbent employee and shall be paid the rate for the position as determined by the Joint Job Evaluation Committee. If it is reclassified upwards, payment of this rate shall be effective as of the date the request for reclassification is received. If it is a downward reclassification, the incumbent’s rate shall be red circled and shall continue at the old rate until surpassed by the new rate for the classification.

ARTICLE 20 – EMPLOYEE BENEFITS

For specific information on plan limitations and deductibles, please refer to the Public Education Benefit Trust (PEBT) and Municipal Pension Plan (MPP) websites.

  1. Pension Plan
    All employees hired on or before 90 12 31 and enrolled in the “Pension Plan” in effect in School District No. 35 (Langley) as of 90 12 31, and who elected to remain in that plan as of 91 01 01, shall continue to participate in that plan.
    Employees hired on or after 91 01 01, and who are assigned to fifteen (15) or more hours per week, shall participate in the Municipal Superannuation Plan in accordance with the regulations and requirements of the Municipal Superannuation Plan.
  2. Health Insurance Benefits
    The Employer agrees to provide the following benefits in accordance with the Public Education Benefits Trust (PEBT) and Plan Carrier Terms when an employee is eligible:
    1. Medical Services Plan of British Columbia
    2. Extended Health Benefits
    3. Dental Plans
      The cost of providing medical benefits will be paid one-hundred percent (100%) by the Employer. The cost of providing dental benefits will be paid seventy-five percent (75%) by the Employer and twenty-five percent (25%) by the employee.
      The cost of providing the extended health benefit shall be paid one hundred percent (100%) by the Employer.
      The Employer shall continue the medical, extended health and dental benefits to the dependents of a deceased employee for a period of three months after the employee’s death. The premiums for such continuation shall be paid for in full by the Employer.
  3. Where an eligible employee is covered by a spousal plan the employee may:
    1. Waive membership in the Employer’s plan, in which case the employee will not be eligible to enroll subsequently unless the spousal coverage is no longer available, or on a one time only basis the employee may request to join the Employer’s Plan and will be permitted to join on the first of the month following date of application. Employees who opt in shall not be permitted to have any major dental work covered for six months after joining the plan. The employee may not subsequently withdraw from the plan. Or;
    2. Join the Employer’s plan, in which case the employee must continue in the Employer’s plan as a condition of employment. The Employee may not subsequently withdraw from the plan.
  4. Employees not on the benefit plan who lose their spousal coverage may join the Employer’s plan within thirty (30) days of loss of the spousal plan. Should the spousal coverage later be re-instated the employee may choose to withdraw from the Employer’s  plan within (30) days of re- instatement of the spousal plan.
  5. Group Life
    The Employer agrees to provide, and each employee shall participate in, a Group Life Insurance Plan which provides a benefit equal to two hundred (200) percent of annual earnings. The Employer will pay 100 percent (100%) of the premium cost.
  6. Joint Benefits Trust
    The Parties have agreed to participate in a jointly trusteed benefits trust and shall place their dental, extended health, group life insurance and accidental death and dismemberment benefit coverage specified in this Article (note — districts without AD&D would not include reference to that benefit) as soon as the trust is able to take on that responsibility.
    Once the trust is able to take on that responsibility, the parties agree that they will participate on the following conditions:
    1. If there is no penalty clause in the current contract(s) with existing benefits carrier(s)/consultant(s), as soon as possible; or,
    2. If there is a penalty clause, the benefits will be transferred when the current contract(s) expires.
  7. Participation in the benefits trust will be in accordance with the Industrial Inquiry Commissioners Reports made by Irene Holden and Vincent Ready dated May 30, 2000 and June 7, 2000 which specify the basis upon which school districts participate in the trust and as clarified in their Recommendations Regarding Outstanding Accord Matters dated March 21, 2001.
    The Parties further agree to participate in a government funded long term disability plan and early return to work program in accordance with the Industrial Inquiry Commission Report(s) identified in the preceding paragraph.
    The Parties agree that any references to specific benefit carriers providing the benefits identified above will be effective only until that date of participation in the benefits trust.
  8. Joint Early Intervention Services / Long Term Disability
    Employees who meet the Public Education Benefits Trust (PEBT) plan criteria will be enrolled in the plan based on the plan’s eligibility requirements. Participation and cooperation in the plan is mandatory for all employees who meet the plan criteria. This plan includes the Joint Early Intervention Services (JEIS) as well as Long Term Disability (LTD) plan.
  9. Supplementation of Compensation Award
    An employee prevented from performing their regular work with the Employer due to an occupational accident resulting from employment with the School Board, and is recognized by the Workers’ Compensation Board as compensable within the meaning of the Workers’ Compensation Act, shall receive from the Employer the difference between the amount payable by the Workers’ Compensation Board and their regular salary. The difference shall be deducted from the employee’s accrued sick leave. This clause does not apply in the case of an employee who is drawing a disability pension from the Workers’ Compensation Board.
  10. Legislation Affecting Benefits
    If the premium paid by the Employer for any employee benefits is reduced as a result of any legislative or other Government action, the amount of the saving shall be used to increase other benefits available to the employees, as may be mutually agreed between the Parties, or shall be passed on to the employees in the form of increased wage or salary rates. It is mutually agreed that accrued sick leave benefits shall be excluded from this provision.
  11. Employment Insurance
    All employees shall be covered by the provisions of the Employment Insurance Act.
  12. Part-time Employees
    For any employee employed less than twenty (20) hours per week, participation in the benefits plan will be at the employees’ option and if selected the Board portion of benefit premiums will be the same percentage as the percentage the employees’ hours are to forty (40).
  13. Continuation of Benefits While on W.C.B.
    While an employee is in receipt of Workers’ Compensation Board wage loss replacement benefits due to an occupational accident arising out of the employee’s employment with the Employer, the Employer shall continue to pay its share of the employee benefit premiums. This clause shall not apply when the employee is drawing a disability pension from the Wonders’ Compensation Board.
  14. Continuation of Benefits During Work Stoppages
    In the event of a legal work stoppage, the Employer agrees to maintain employee benefits, where permitted by the benefit carrier, on behalf of all employees. The Union agrees to reimburse the Employer for the Employer’s share of the premiums during this period.
  15. Benefits While on Unpaid Leave
    Employees who wish to maintain benefits while on an unpaid leave of absence of one month or more, must pay premiums for the length of the leave prior to their last day worked, either in full or monthly postdated cheques. If payment(s) are defaulted, all benefits will be cancelled and subsequently re-instated when they return to work.

ARTICLE 21 – SEXUAL AND PERSONAL HARASSMENT

  1. Definitions
    For the purpose of this article harassment shall be defined as including:
    • sexual harassment; or
    • any improper behaviour that is directed at or offensive to any person, is unwelcome, and which the person knows or ought reasonably to know would be unwelcome; or
    • objectionable conduct, comment, materials or display made on either a one-time or continuous basis that demeans, belittles, intimidates or humiliates another person; or
    • the exercise of power or authority in a manner, which serves no legitimate work purpose and which a person ought reasonably to know is inappropriate; or
    • such misuses of power or authority as intimidation, threats, coercion and blackmail.
  2. The definition of “sexual harassment” shall include:
    • any comment, look, suggestion, physical contact, or real or implied action of a sexual nature which creates an uncomfortable working environment for the recipient, made by a person who knows or ought reasonably to know such behaviour is unwelcome; or
    • any circulation or display of visual material of a sexual nature that has the effect of creating an uncomfortable working environment; or
    • an implied promise of reward for complying with a request of a sexual nature; or
    • a sexual advance made by a person in authority over the recipient that includes or implies a threat or an expressed or implied denial of an opportunity which would otherwise be granted or available and may include a reprisal or a threat of reprisal made after a sexual advance is rejected.

  3. Investigation
    The investigation process for Harassment complaint is:
    The information provided in the course of an investigation and any outcome of such investigation is confidential and will be treated as having been supplied in confidence within the meaning of section 22(2)(f) of the Freedom of Information and Protection of Privacy Act, and will only be disclosed to the extent necessary to carry out the investigation, or as required by law.
    The following process will apply to any complaints where the complainant and alleged harasser are employees of the District. Where the employee is a member of a bargaining unit, they shall be accompanied by their Union Representative in accordance with the applicable Collective Agreement. Where an Administrative Officer, or Management member is involved, they may be accompanied by a representative of their choice and shall be informed of that right.

    1. A written complaint is submitted to the Superintendent, including particulars of the complaint. This does not prevent the complainant from including additional particulars at a later date. Mediation to resolve the complaint may be pursued at this time or any other step of the investigation process.

    2. Superintendent appoints a member of Senior Management to be responsible for the investigation of the complaint. The member of Senior Management may designate a trained and/or experienced investigator, and note taker if required, to investigate the complaint.

    3. The complainant will be interviewed by the investigator, with the note taker if required, and the complainant’s representative.

    4. The investigator will meet with the alleged harasser and the alleged harasser’s representative(s) to provide written notification that the District intends to initiate an investigation into allegation(s) of harassment, including particulars of the complaint.

    5. The alleged harasser will be interviewed by the investigator, with the note taker if required, and the alleged harasser’s representative(s) present.

    6. Interviews of witnesses will include the investigator, the note taker if required, the alleged harasser’s representative if required, and the complainant’s representative if required. If the witness is a member of a bargaining unit they shall be accompanied by a representative. Other witnesses may be accompanied by a representative.
      It is understood and agreed that the representative of the complainant and the representative of the alleged harasser will not show nor read to the complainant, the alleged harassers or to any witnesses, the notes the representatives have taken at the interviews with the witnesses. Verbal comments made about the notes will only be made in general terms.

    7. Upon completion of the investigation, a report by a member of Senior Management will be submitted to the Superintendent for disposition of the complaint.

    8. The Superintendent will decide on the disposition of the complaint and respond directly and in writing to the complainant, the alleged harasser and their respective representatives.

  4. Because of the sensitivity of such situations and the desire to handle these in a confidential manner, complaints shall be referred to the Superintendent of Schools. In the event that the issue remains unresolved after review by the Superintendent, the employee may refer the matter to the Grievance Committee, step (d) of the Grievance Procedure.

  5. No employee shall be subject to reprisal, threat of reprisal or discipline as a result of filing a complaint of sexual or personal harassment. It is recognized that false or malicious complaints may damage the reputation of, or be unjust to, other employees and therefore the complainant may be subject to disciplinary action.

ARTICLE 22 – NO DISCRIMINATION

There will be no discrimination against any person covered by this agreement on the basis of race, color, creed, age, physical handicap, sex or sexual orientation, religious or political affiliation, national origin, marital status, parental status or participation in the authorized activities of the Union, except for bona fide occupational requirements.

ARTICLE 23 – HEALTH AND SAFETY

  1. Cooperation on Safety
    The Union and the Employer shall cooperate in continuing and perfecting regulations which will provide adequate protection to employees engaged in hazardous work.
  2. Union/Employer Safety Committee
    A Health and Safety Committee shall be established and composed of two (2) representatives appointed by the Employer, and two (2) representatives of the Union.
  3. Meetings of Committee
    The site Health and Safety Committee shall hold meetings on a regular basis and all unsafe, hazardous or dangerous conditions shall be taken up with and dealt with at such meetings. Either party may call for a meeting which will be held within five (5) working days. Minutes of all site Health and Safety Committee meetings shall be kept and copies of such minutes shall be sent to the Employer and the Union.
    The site Health and Safety Committee shall ensure inspections of premises and equipment are conducted on a regular basis.
  4. Disclosure of Information
    The Employer shall request from the manufacturer, and when received shall be provided to the Union, written information which identifies the contents and potential hazards of products used in the work environment.
    Standardized work site labels will be provided with all necessary and required information for all containers of products purchased through Central Stores used in the workplace.

  5. Safety Measures
    Employees working in any unsanitary or dangerous jobs shall be supplied with all the necessary tools, safety equipment and protective clothing when needed. The Board will supply annual flu shots.

  6. No Disciplinary Action
    No employee shall be disciplined for refusal to work on a job which the employee has reasonable cause to believe is unsafe.

  7. Incident Investigation
    The Union shall be notified immediately of each incident or injury that results in a time loss. The site Health and Safety Committee shall investigate within two (2) days and report within five (5) days on the nature and causes of these incidents or injuries.

  8. Pay for Injured Employees
    An employee who is injured during working hours and is required to leave for treatment or is sent home for such injury shall receive payment for the remainder of the shift at his regular rate of pay without deduction from sick leave, unless a doctor or nurse states that the employee is fit for further work on that shift.

  9. Transportation of Accident Victims
    Transportation to and where necessary, from, the nearest physician or hospital for employees requiring medical care as the result of an accident shall be at the expense of the Employer. Where the Employer chooses to use its own means of transportation, sufficient assistance will be provided to attend to the employee’s needs during transportation.

  10. Infestations or Infectious Disease

    The employer will comply with WorkSafe BC Legislation related to the employer’s requirements for Protecting Workers from Infectious Disease.

    To effect the removal of a lice or scabies infestation the Employer will pay necessary medication costs not covered by insurance, for an employee working in an environment where such infestations are shown to exist. Such protection will also include the immediate family of the employee.

  11. Violence in the Workplace

    1. Definition
      Violence means the attempted or actual exercise by a person, other than a worker, of any physical force so as to cause injury to a worker, and includes any threatening statement or behaviour which gives a worker reasonable cause to believe that he or she is at risk of injury.

  12. Reporting Violent Incidents

    1. All staff are required to report to the Principal any incident of violence. Incidents include threats as well as physical acts of violence.

    2. Incidents must be documented. Staff must complete a Violence Incident Report Form and submit the form to the District Health and Safety Committee.

    3. If there is an injury, or any medical treatment is contemplated, then the Employer must complete a WCB Form 7.

  13. Working Conditions Committee

    The Board shall establish and maintain a Working Conditions Committee that shall consist of three(3) representatives of the union and three (3) representatives from the employer with joint rotating co-chairs.

    The Board will incorporate the existing Product Review Committee within the Working Conditions Committee. The Working Conditions Committee shall maintain a product mission statement and guidelines for the use of safe chemicals, products, and equipment in School District #35. Any amendments to the mission statement and guidelines shall be by mutual agreement of the Parties.

    The Board shall retain the sole right to determine the standard of cleanliness and care in which a school and grounds shall be maintained.

    The Board shall maintain a custodial workload formula (Custodial Standards and Job Frequency Schedule) to be used as a guideline in determining custodial assignments. The formula shall be used to ensure that basic workloads for custodians are balanced workloads.

    Where a custodial assignment exceeds the basic formula, the Board shall assign a list of priorities (and frequencies) consistent with this formula to ensure reasonably balanced workloads.

    The Working Conditions Committee shall meet every three (3) months, or more often as required.

    The Employer agrees that any amendments to the custodial workload formula (Custodial Standards and Job Frequency Schedule) shall be by mutual agreement of the Parties. If resolution cannot be achieved by mutual agreement, the matter shall be handled in accordance with the Grievance Procedure.

    A copy of the Custodial Standards and Job Frequency Schedule shall be included in the Information Section of the collective agreement and posted at all worksites.

ARTICLE 24 – JOB SECURITY

  1. Contracting Out
    The Board and the Union agree that the work of the bargaining unit, as per Article 3(b), will be protected. Therefore, in order to provide job security, the Board agrees that work or services normally performed by members of the bargaining unit shall not be contracted out, however after consultation with the Union, the District may contract some work in certain instances concerning emergent or specialized work not done by current employees.
  2. Work in the Bargaining Unit
    The Employer will not permit any person to perform any function in a school which would eliminate the necessity for the Employer to employ a person to perform such function.
  3. Reductions in Staff
    If an employee’s hours of work are reduced or jobs are lost through attrition, the Employer shall clearly detail what existing duties are not to be performed in the future.
  4. Amalgamation or Merger
    In the event that the School District is amalgamated or merges with any other body, the Employer undertakes to encourage the new district and/or region to implement the provisions of the current Collective Agreement, unless the terms of any agreement which the merging district and/or region has are superior to the working conditions in the current Collective Agreement. In such case the Employer will endeavour to have the conditions of the merging agreement apply.
    The Employer will also make every effort to have the seniority rights of employees protected at the time that the amalgamation/merger occurs.

ARTICLE 25 – GENERAL CONDITIONS

  1. Accommodation
    Proper accommodation shall be provided for employees to have their meals and keep and change their clothes.
  2. Bulletin Boards
    The Employer shall provide Bulletin Boards which shall be placed so that all employees will have access to them and upon which the Union shall have the right to post notices of meetings and such other notices as may be of interest to the employees.
  3. Tools
    Where an employee is required to furnish the employee’s own tools in the performance of the employee’s duties and such tools are broken or worn the Employer shall replace the tools with tools of equal quality upon presentation of the broken or worn tools by the employee. This provision shall not apply if the employee is able to effect replacement without cost to the employee under the terms of a guarantee or warranty.
    Where an employee is required to furnish the employee’s own tools in the performance of the employee’s duties, the Employer shall replace any tool lost due to fire or theft at the worksite with tool of equal quality. In order to receive this replacement, the employee must notify the supervisor immediately on discovery of the loss and submit a written claim for said tool. Employees are expected to provide reasonable safeguard for their tools.
    Employees required to furnish their own tools shall provide the Employer with a complete and itemized listing of all tools furnished by the employee.
    The Employer shall absorb all the costs for training and/or the replacement of tools used by an employee where such training and/or replacement of tools is a result of a conversion to the metric measurement system.
    A basic tool kit of small hand tools will be provided by the Employer at all schools.
  4. Performance of Duties
    Every employee engaged in the maintenance, cleaning and servicing of School Board property is responsible to the employee’s Supervisor for the proper performance of their duties. Technical advice and assistance regarding the custodial area will be provided by a designated District Supervisor.
  5. Cooperation with Staff
    Employees shall immediately report any problems relating to heat, light, water systems and security, pests and rodents using the reporting procedures provided by the Employer.
  6. Required Duties
    Each employee shall be informed of the policy of the Board in respect to the cleaning of the various schools, and shall, when necessary, be instructed in the use of the equipment used for cleaning schools. The allowable time allotment, details of the work to be performed, and hours of work schedules shall be posted in each individual school.
  7. Mileage
    Where an employee is requested by the Employer and uses the employee’s own motor vehicle on the Employer’s business, the employee shall be reimbursed for mileage according to the rate specified by the Canada Revenue Agency (CRA).Any increase in this allowance granted to other employee groups shall also be granted to employees covered by this Agreement.
  8. Vehicle Coverage
    The Employer, in the event of an accident while an employee is using his vehicle on Employer’s business or in the event of vandalism to an employee’s vehicle while it is parked on District property, will be responsible to pay the deductible portion of the insurance coverage. Such payment not to exceed two hundred dollars ($200.00) per accident or three hundred dollars ($300.00) per vandalism incident. Any accident or vandalism occurring to an employee’s vehicle in such circumstances as aforementioned must be reported immediately to his Supervisor and proper accident forms completed through their Supervisor’s office. The employee will be reimbursed for the costs as noted upon submission by the employee of a copy of the accident report filed with the police or I.C.B.C., provided the accident or vandalism did not arise out of the employee’s own gross negligence.In the event of vandalism, the employee will meet with his supervisor to discuss ways or methods of preventing further occurrences.
  9. Continuation of Existing Conditions
    Present conditions and benefits enjoyed by employees consistent with or amended by this Agreement shall continue.
  10. Monthly Union Meetings
    1. Due to the nature of shift work:
      • Maintenance employees working on day shift shall be allowed to start work up to two hours later.
      • Day shift custodians shall be allowed to take up to two hours and fifteen minutes off, once per calendar month for the purpose of attending a general monthly Union meeting. Employees who take time off in this regard shall complete their working hours that day by working the time taken at the end of their regular shift. The provisions of this Article may not be available to some employees from time to time as determined by the Employer, due to work requirements.
      • Employees may opt to combine their breaks to reduce the amount of time off required provided however, that all employees in the Maintenance Department do so on the same basis.
      • Employees who leave work to attend Union meetings under this provision will indicate the duration of their absence on their timesheets.
      • The provisions of this Article shall operate at no additional cost to the Employer.
  11. Professional DevelopmentA Joint Employer/Employee Pro-D Committee will develop professional activities on three (3) District Wide Professional Development days.

    A representative of the Employer and a representative of the Union shall be designated as Joint Chairpersons and they shall alternate presiding over meetings.

    The Employer shall allocate an amount equal to $50.00 per employee for the purpose of promoting professional development. A Joint Employer/Employee Pro-D Committee shall administer these funds. All unused funds will be carried over to the following year. A yearly accounting of the Pro- D funds shall be forwarded to the Joint Employer/Employee Pro-D Committee and the Union.

    All CUPE Local 1851 employees shall have the opportunity to attend Professional Development activities. Employees shall request to attend Professional Development activities prior to the Pro- D Day. Such request shall not be unreasonably denied.

    Government mandated courses may take place on either non-instructional days or district wide professional development days in consultation with the Joint Employer/Employee Pro-D Committee.

  12. Indemnification
    1. The Employer shall either:
      • defend an employee from claim for damages, or,
      • indemnify and save harmless an employee from any damages or costs awarded against them and from any legal costs incurred by them as a result of any claim or damages, arising from any acts or omissions which arose out of the performance of their duties, including a duty imposed by any statute. The decision of which of(i) or (ii) above is selected shall be determined by the Board. This defense/indemnification shall include the payment of any sum required and any legal costs incurred in the settlement of such action or proceeding provided the Employer’s consent to settlement is obtained prior to the settlement.
    2. Subsection (a) does not apply where:
      • an employee has, in relation to the conduct that is the subject matter of the action, been guilty of dishonesty, gross negligence or malicious or willful misconduct, or,
      • the cause of the action is libel or slander.

    3. The Employer may, by an affirmative vote of not less than 2/3 of all the members of the Board, pay:

      • any sum required to indemnify an employee for a criminal prosecution, which prosecution arises out of the employee’s performance of his/her employment duties and

      • costs necessarily incurred

        but the employer shall not pay a fine arising from an employee’s conviction.

    4. The Employer may seek indemnity against an employee wheré:

      1. the claim for damages arises out of an employee’s gross negligence, or

      2. in relation to the action that gave rise to the claim for damages against an employee, the employee willfully acted contrary to the terms of their employment or an order of a Supervisor.

ARTICLE 26 – CROSSING OF PICKET LINES DURING STRIKE

In the event that any employee of the Employer, other than those covered by this Agreement, engage in a legal strike, or where employees in a labour dispute engage in a legal strike and maintain picket lines, the employees covered by this Agreement shall have the right to refuse to cross such picket lines.
Failure to cross such a picket line by the members of this Union shall not be considered a violation of this Agreement, nor shall it be grounds for disciplinary action.

ARTICLE 27 – UNIFORM AND CLOTHING ALLOWANCE

The Employer shall issue two (2) sets of coveralls and gloves to each painter, and one (1) set to each groundsman and labourer on the grounds crew. These coveralls and gloves will be replaced as necessary upon return of the previous set. It shall be the employer’s responsibility to clean, launder, and maintain all such clothing as supplied to the groundsmen and the labourers. The painters shall clean, launder and maintain their coveralls and gloves.

The Employer shall issue coveralls and/or protective clothing to the mechanics, the equipment operators (for purposes of vehicle maintenance) and the roofer. It shall be the Employer’s responsibility to clean, launder, and maintain all such clothing.

The Employer will provide a stock of rain gear to be utilized by employees needing such attire during inclement weather.

The Employer shall provide a stock of coveralls for use by the Maintenance Department employees when they are performing work in dirty areas such as crawl spaces, attic spaces or for fire clean up, as well as coveralls for Custodians who are required to clean dirty areas such as oil troughs and sawdust collection bags in secondary I.E. shops.

The Employer shall provide a footwear allowance of $125.00 per year for each employee that is required to wear safety footwear as per WCB requirements.

The Board shall reimburse the employee upon proof of purchase.

ARTICLE 28 – TECHNOLOGICAL CHANGE

  1. Definition
    For the purpose of this Article, Technological Change is defined as:
    1. the introduction by the Employer of a change in his/her work, undertaking or business, or a change in their equipment or material from the equipment previously used by the Employer in his/her work, undertaking or business; or
    2. a change in the manner the Employer carries on his/her work, undertaking or business related to the introduction of that equipment or material.
  2. Retraining
    The Employer shall notify the Union no less than 60 days in advance of the introduction of technological change where such technological change may result in layoff or of change in the employment status of the employee.
    In the event the Employer should introduce technological change, which requires new or greater skills than are currently possessed by the affected employees, the Employer shall provide the employees with training at the Employer’s expense and allow a reasonable training period to acquire the required skills necessitated by the change.
    There shall be no change in wage rates during the training period of such employee. Upon successful completion of the training program, the employee shall receive the wage for that position.
  3. Displaced Employees
    Employees who are laid off as a result of technological change shall be compensated in accordance with Article 12 (Layoff and Recall) and Article 12(d) (Severance) except that those affected shall have the choice of receiving severance allowance as provided for in Article 12(d) (Severance) or being placed on a recall list. Those choosing to be placed on a recall list may, at any time, apply for their severance pay, and, in any event, if they are not rehired within one year will receive their pay. Those receiving severance pay shall forfeit their recall rights.

ARTICLE 29 – RETROACTIVITY

All wages, overtime and shift premiums shall be paid retroactive to the dates shown in the Collective Agreement, unless otherwise agreed between the parties.

ARTICLE 30 — SCHOOL IMPROVEMENT ALLOCATION

This article is effective on July 1, 2020. SIA Professional Development Fund
A professional development fund will be established to support training, professional enhancement, skills development and wellness initiatives for all CUPE local 1851 employees. This fund will be allocated $81,718.00 starting in year 2 of this Agreement.

The fund will be administered by a joint SIA Professional Development Committee comprised of three (3) representatives of the Union and three (3) representatives of Management. Meetings will take place once a month at the end of a predesignated HR/CUPE 1851 informal meeting.

SIA Professional Development Funds are not intended to be used during regular work days. Exceptions will be considered by the Committee on a case by case basis.

ARTICLE 31 – TERM OF AGREEMENT

This Agreement shall be for the period July 1″, 2019 to June 30th 2022, inclusive, and from year to year thereafter subject to the right of either Party to the Agreement, at any time within four months immediately preceding June 30th of any year thereafter, by written notice, to require the other Party to the Agreement to commence bargaining. Should either party given written notice aforesaid, this Agreement shall thereafter continue in full force and effect and neither Party shall make any change in the terms of the said Agreement (or increase or decrease the rate of pay of any employee for whom collective bargaining is being conducted or alter any other term or conditions of employment) until:
  1. The Union shall give notice to strilce (or until the Union goes on strike) or;
  2. The Employer shall give notice of loclc-out (or the Employer shall lock-out its employees), or;
  3. The Parties shall conclude a renewal or revision of this Agreement or enter into a new Collective Agreement
Whichever is the earliest Approved and Adopted by: THE BOARD OF SCHOOL TRUSTEES, SCHOOL DISTRICT NO. 35 (LANGLEY) This b day of H 2019 Approved and Adopted by: THE CANADIAN UNION OF PUBLIC EMPLOYEES, LOCAL 1851 This day of 2019 SCHOOL DISTRICT NO. 35 (LANGLEY) CUPE 1851 SALARY GRID July 1, 2019 – June  30, 2022
July 1, 2019
July 1, 2020July 1, 2021
Negotiated Increase %2.00%2.00%2.00%
OccupationSalary GridOccup. CodePosition CodeHourly
Rate		Bi-Weekly Hourly
Rate		Bi-WeeklyHourly
Rate		Bi-Weekly
Equipment Operator I320101EO/1EO 1$ 24.27$ 1,941.60$ 24.76$ 1,980.80$ 25.26$2,020.80
Equipment Operator II330101EO/2EO2$ 25.26$ 2,020.80$ 25.77$ 2,061.60$ 26.29$2,103.20
Plus LabourMarket/Adjustment$ 1.00$ 1.00$ 1.00
Grounds Foreman360101F/GRFGR$ 30.08$ 2,406.40$ 30.68$2,454.40$ 31.29$2,503.20
Groundskeeper310101GRKPGRKP$ 23.73$ 1,898.40$ 24.20$ 1,936.00$ 24.68$ 1,974.40
Groundskeeper Gardener310101GRKPGRKPGARD$ 23.73$ 1,898.40$ 24.20$ 1,936.00$ 24.68$1,974.40
Labourer I300101LAB1LAB1$ 22.62$ 1,809.60$ 23.07$ 1,845.60$ 23.53$ 1,882.40
Route Driver310101R/DRRDR$ 23.73$ 1,898.40$ 24.20$ 1,936.00$ 24.68$1,974.40
utility Person390101UTILUTIL$ 23.99$ 1,919.20$ 24.47$ 1,957.60$ 24.96$ 1,996.80
Business Systems Tech360101BSTBST$ 30.08$ 2,406.40$ 30.68$ 2,454.40$ 31.29$ 2,503.20
IT Help Desk Analyst460101ITHDITHLPDSK$ 26.88$ 2,150.40$ 27.42$2,193.60$ 27.97$ 2,237.60
Technical Support Specialist 1180014TSS1TSS 1$ 27.59$ 2,207.20$ 28.14$ 2,251.20$ 28.70$2,296.00
Technical Support Specialist 2180017TSS2TSS 2$ 29.76$ 2,380.80$ 30.36$ 2,428.80$ 30.97$2,477.60
Technical Support Specialist 3180020TSS3TSS 3$ 31.88$ 2,550.40$ 32.52$ 2,601.60$ 33.17$ 2,653.60
Project Coordinator530101F/TCPROJCOOR$ 33.93$ 2,714.40$ 34.61$ 2,768.80$ 35.30$2,824.00
Trades Foreman530101F/TCFTC$ 33.93$ 2,714.40$ 34.61$2,768.80$ 35.30$ 2,824.00
Trades Foreman TC – Carpenter530101F/TCFTC02$ 33.93$ 2,714.40$ 34.61$ 2,768.80$ 35.30$ 2,824.00
Trades Foreman TC – Electrician530101FITEFTC03$ 33.93$ 2,714.40$ 34.61$ 2,768.80$ 35.30$ 2,824.00
Plus LabourMarket/Adjustment$ 0.50$ 0.50$ 0.50
Trades Foreman TC – HVAC/Mechanic530101F/TCFTC05$ 33.93$ 2,714.40$ 34.61$ 2,768.80$ 35.30$2,824.00
Trades Foreman TC – Mechanic530101F/TCFTC07$ 33.93$ 2,714.40$ 34.61$2,768.80$ 35.30$ 2,824.00
Trades Foreman TC – Plumber Gasfitter530101F/TCFTC04$ 33.93$ 2,714.40$ 34.61$ 2,768.80$ 35.30$ 2,824.00
Leadhand – Carpenter520101UTCLHTC02$ 33.32$ 2,665.60$ 33.99$2,719.20$ 34.67$ 2,773.60
Leadhand – Electrician520101LTCELHTC03$ 33.32$ 2,665.60$ 33.99$ 2,719.20$ 34.67$ 2,773.60
Plus Labour Market /Adjustment$ 0.48$ 0.48$ 0.48
Leadhand – Grounds340101UGRLGR$ 25.33$ 2,026.40$ 25.84$2,067.20$ 26.36$2,108.80
Leadhand – Painter520101UTCLHTC06$ 33.32$ 2,665.60$ 33.99$2,719.20$ 34.67$2,773.60
Tradesperson – Cabinetmaker510101TC01TC08$ 32.57$ 2,605.60$ 33.22$ 2,657.60$ 33.88$ 2,710.40
Tradesperson – Carpenter510101TC01TC02$ 32.57$ 2,605.60$ 33.22$ 2,657.60$ 33.88$ 2,710.40
Tradesperson – Carpenter/Locksmith510101TC01TC09$ 32.57$ 2,605.60$ 33.22$ 2,657.60$ 33.88$ 2,710.40
Tradesperson – Carpenter/Roofer510101TC01TC10$ 32.57$ 2,605.60$ 33.22$ 2,657.60$ 33.88$ 2,710.40
Tradesperson – Electrician510101TCELTC03$ 32.57$ 2,605.60$ 33.22$ 2,657.60$ 33.88$ 2,710.40
Plus LabourMarket/ldjustment$ 0.48$ 0.48$ 0.48
Tradesperson – Glazier510101TC01TC12$ 32.57$ 2,605.60$ 33.22$2,657.60$ 33.88$ 2,710.40
Tradesperson – HVAC510101TC01TC05$ 32.57$ 2,605.60$ 33.22$ 2,657.60$ 33.88$ 2,710.40
Tradesperson – Mechanic510101TC01TC07$ 32.57$ 2,605.60$ 33.22$ 2,657.60$ 33.88$ 2,710.40
Tradesperson – Painter510101TC01TC06$ 32.57$ 2,605.60$ 33.22$ 2,657.60$ 33.88$ 2,710.40
Tradesperson – Plumber/Gasfitter510101TC01TC04$ 32.57$ 2,605.60$ 33.22$ 2,657.60$ 33.88$ 2,710.40
Service Technician510101SITESITE$ 32.57$ 2,605.60$ 33.22$ 2,657.60$ 33.88$2,710.40
Custodian Foreman440101CUSFCUSF$ 28.45$ 2,276.00$ 29.02$ 2,321.60$ 29.60$2,368.00
Custodian IV430101CUS4CUS4$ 23.72$ 1,897.60$ 24.19$ 1,935.20$ 24.67$1,973.60
Custodian Ill420101CUS3CUS3$ 23.24$ 1,859.20$ 23.70$ 1,896.00$ 24.17$ 1,933.60
Custodian II410101CUS2CUS2$ 22.90$ 1,832.00$ 23.36$ 1,868.80$ 23.83$ 1,906.40
Custodian I400101CUS1CUS1$ 22.62$ 1,809.60$ 23.07$ 1,845.60$ 23.53$ 1,882.40
Economic Sta bility Dividend (ESD) – if payable Any increase from Who will affect negotiated increases in this table

Letters Of Understanding

MEMORANDUM OF AGREEMENT
“MoA”
Between

BOARD OF EDUCATION of SCHOOL DISTRICT NO. 35 (Langley)
“Employer”

And

CANADIAN UNION OF PUBLIC EMPLOYEES, Local (1851)
“Union”

The parties to this Memorandum of Agreement (MoA) agree to recommend to their respective principals the ratification of a revised collective agreement incorporating the changes outlined below.

Continuing Provisions of the Current Collective Agreement
Except as provided by this MoA, the terms and conditions of the collective agreement between the Employer and the Union that expired on June 30, 2019 will be incorporated in their entirety into the revised collective agreement between the parties.

Effective Date
Unless otherwise specifically noted, all agreed changes to the collective agreement between the Employer and the Union shall take effect on the Parties duly ratifying this MoA.

Changes to the Revised Collective Agreement
The July 1, 2014 — June 30, 2019 Collective Agreement will continue in force and effect until June 30, 2022 except as modified by the following:

Appendix A — 2019 Provincial Framework Agreement

Appendix B — Local Memorandum of Agreement between the Board of Education of School District No. 35 (Langley) and the Canadian Union of Public Employees Local 1851, dated June 26, 2019 which sets out all other agreed changes to the Collective Agreement.

Ratification
This MoA is subject to ratification by the Board of Education of School District No. 35 (Langley), the British Columbia Public School Employers’ Association, and the membership of CUPE Local 1851.

AGREED June 26, 2019
CUPE Local 1851

Board of Education of School District No.35 (Langley)

The parties to this Memorandum of Agreement (MoA) agree to recommend to their respective principals the ratification of a revised collective agreement incorporating the changes outlined below.

Continuing Provisions of the Current Collective Agreement
Except as provided by this MoA, the terms and conditions of the collective agreement between the Employer and the Union that expired on June 30, 2019 will be incorporated in their entirety into the revised collective agreement between the parties.

Effective Date
Unless otherwise specifically noted, all agreed changes to the collective agreement between the Employer and the Union shall take effect on the Parties duly ratifying this MoA.

Changes to the Revised Collective Agreement
The July 1, 2014 — June 30, 2019 Collective Agreement will continue in force and effect until June 30, 2022 except as modified by the following:

Appendix A — 2019 Provincial Framework Agreement

Appendix B — Local Memorandum of Agreement between the Board of Education of School District No. 35 (Langley) and the Canadian Union of Public Employees Local 1851, dated June 26, 2019 which sets out all other agreed changes to the Collective Agreement.

Ratification
This MoA is subject to ratification by the Board of Education of School District No. 35 (Langley), the British Columbia Public School Employers’ Association, and the membership of CUPE Local 1851.

AGREED June 26, 2019
CUPE Local 1851

Board of Education of School District No.35 (Langley)

Appendix A

Provincial Framework Agreement (“Framework”)
between
BC Public School Employers’ Association (“BCPSEA”)
and
The K-12 Presidents’ Council and Support Staff Unions (”the Unions“)

BCPSEA and the Unions (”the Parties”) agree to recommend the following framework for inclusion in the collective agreements between local Support Staff Unions who are members of the K-12 Presidents’ Council and Boards of Education.

  1. Term
    July 1, 2019 to June 30, 2022
  2. Wages Increases
    General wage increases as follows:
    Year one: 2.0% – July 1, 2019
    Year two: 2.0% – July 1, 2020
    Year three: 2.0% – July 1, 2021
  3. Local Bargaining
    Provide funding to the local support staff tables for service enhancements that are beneficial to students and as otherwise consistent with the 2019 Sustainable Services Negotiating Mandate in the amount of:
    YearAmount
    2019/2020$0
    2020/2021$7,000,000
    2021/2022$7,000,000

    The $7 million is an ongoing annual amount.
    This money will be prorated according to student FTE providing that each district receives a minimum of $15,000 annually.

  4. Benefits
    Provide annual ongoing funding to explore and implement enhancements to the Standardized Extended Health Plan including consideration of an addiction treatment support program as below:
    YearAmount
    2019/2020$1,000,000
    2020/2021$3,000,000
    2021/2022$3,000,000

    A one-time joint committee of up to four (4) representatives appointed by BCPSEA and up to four (4) representatives appointed by the support staff unions.

    Any residual from the 2019-2022 for benefits standardization will be allocated to training initiatives under the Support Staff Education Committee.

    Further, the Parties agree that the existing funds held in the Support Staff Education and Adjustment Committee as set out below will be transferred to the PEBT and utilized for addiction treatment support programs. The PEBT will determine appropriate terms of use for accessing the funds which will include, but not be limited to: priority access for support staff employees (vs. School Districts), treatment cost consideration, and relapse response.

    • 2010-2012 FLOU — remaining balance of $477,379
    • Work Force Adjustment — remaining balance of $646,724
  5. Safety in the Workplace
    The Parties agree that, in accordance with WorkSafe BC regulations, safety in the workplace is an employee right and is paramount. The Parties commit to providing a healthy and safe working environment which includes procedures to eliminate or minimize the risk of workplace violence. The Parties will work collaboratively to support local districts and unions to comply with all WorkSafe BC requirements.Information relating to refusing unsafe work, and workers’ rights and responsibilities, and employer responsibilities, as provided by WorkSafeBC is attached to this PFA for information purposes.The Parties will establish a Joint Health and Safety Taskforce of not more than five (5) members appointed by CUPE and five (5) members appointed by BCPSEA. Each Party will consider the appointment of subject matter experts in occupational health and safety, and special education.
    Either Party may bring resource people as required, with advanced notice to the other party. These resource people will be non-voting and at no added cost to the committee.
    The work of this joint taskforce will be completed by January 1, 2020 and will include:
    • Developing a joint communication to school districts and local unions on the obligation to report and investigate incidents including incidents of workplace violence.
    • Reviewing and developing a Joint Health and Safety Evaluation Tool for the K-12 sector to ensure compliance with WorkSafe BC regulations.
    • Identifying and developing appropriate training. This may include use of the evaluation tool, non-violent crisis intervention, ABA, incident reporting and investigations, and employee rights and responsibilities under WorkSafe BC regulations including the right to refuse unsafe work. Training implementation will fall under the mandate of the SSEC.
  6. Utilizing the developed Health and Safety Evaluation Tool for K-12 sector, a joint evaluation shall be performed by a union member appointed by the local union and a representative appointed by the employer. This evaluation shall be on paid time (up to a maximum of three and a half (3.5) hours) and to be completed by March 31, 2021. The union agrees to cover any other costs incurred for the union member.
    Copies of completed evaluations shall be provided to local presidents and employers as outlined on the evaluation tool.
    The parties agree to commence the work of this taskforce upon approval of the Provincial Framework Agreement by both parties prior to the commencement of this PFA. Costs associated with this committee will be provided from existing SSEAC funds. These funds will be reimbursed with the funds provided under Section 9 Committee Funding.
  7. Support Staff Education Committee (SSEC)
    • Structure:
      The committee shall comprise of not more than five (5) members appointed by CUPE and five (5) members appointed by BCPSEA. One of the CUPE appointees will be from the Non-CUPE Unions.Either Party may bring resource people as required, with advanced notice to the other party. These resource people will be non-voting and at no added cost to the committee.
    • Mandate:
      The mandate of the committee is to manage the distribution of education funds for the following:
      • Implementation of best practices to integrate skill development for support staff employees with district goals and student needs;
      • Developing and delivering education opportunities to enhance service delivery to students;
      • Identifying, developing and delivering education opportunities to enhance and support employee health and safety, including non-violent crisis intervention;
      • Skills enhancement for support staff
      • EA curriculum module development and delivery
      • These funds shall not be used to pay for education that Districts are required to provide under Occupational Health and Safety Regulations
    • Terms of Reference:
      The SSEC shall develop, not later than December 31, 2019, terms of reference for the committee. If no such agreement can be reaGhed the SSEC shall make recommendations to the Provincial Parties.
    • Funding:
      There will be a total of $1 million of annual funding allocated for the purposes set out above commencing July 1, 2019 for the term of this agreement.
  8. Job Evaluation (JE) Committee
    1. The Parties will continue and conclude the work of the provincial job evaluation steering committee (the JE Committee) during the term of this Framework Agreement. The objectives of the JE Committee for phase two are as follows:
      • Review the results of the phase one pilot and outcomes of the committee work. Address any anomalies identified with the JE tool, process, or benchmarks.
      • Expand the pilot to an additional ten (10) districts including at least two (2) non-CUPE locals to confirm the validity of the tool and the benchmarks.
      • Rate the provincial benchmarks and create a job hierarchy for the provincial benchmarks.
      • Identify the job hierarchy for local job descriptions for all school districts.
      • Compare the local job hierarchy to the benchmark-matched hierarchy.
      • Identify training requirements to support implementation of the JE plan and develop training resources as required.
    2. It is recognized that the work of the committee is potentially lengthy and onerous. To accomplish the objectives expeditiously the Parties agree that existing JE funds can be accessed by the JE committee to engage consultant(s) on a fulltime basis if necessary to complete this work.
    3. It is further recognized that this process does not impact the established management right of employers to determine local job requirements and job descriptions nor does this process alter any existing collective agreement rights or established practices.
    4. Once the objectives outlined above are completed, the JE Committee will mutually determine whether a local, regional or provincial approach to the steps outlined below is appropriate.
    5. The committee, together with consultant(s) if required, will develop a method to convert points into pay bands. The confirmed method must be supported by current compensation best practices.
    6. The disbursement of available JE funds shall commence by January 2, 2020 or as mutually agreed.
    7. The committee will utilize available funds to provide 50% of the wage differential 1or the position falling the furthest below the wage rate established by the provincial JE process and will continue this process until all JE fund monies at the time has been disbursed. The committee will follow compensation best practices to avoid problems such as inversion.
    8. The committee will report out to the Parties at key milestones during the term of the Framework Agreement. Should any concerns arise during the work of the committee they will be discussed and resolved by the Parties at that time.
    9. The parties confirm that the $900,000 of ongoing annual funds established under the 2014-2019 Provincial Framework Agreement will be used to implement the Job Evaluation Plan. An additional $3 million of ongoing annual funds will commence on July 1, 2021.
  9. Provincial Labour Management Committee (PLMC)The Parties agree to establish a PLMC to discuss and problem solve issues of mutual provincial interest. The purpose of the committee is to promote the cooperative resolution of workplace issues, to respond and adapt to changes in the economy, to foster the development of work related skills and to promote workplace productivity.

    The PLMC shall not discuss specific grievances or have the power to bind either Party to any decision or conclusion. This committee will not replace the existing local grievance/arbitration processes.

    The parties agree that the PLMC will consist of up to four (4) representatives appointed by BCPSEA and up to four (4) representatives appointed by the Support Staff Unions. Either Party may bring resource people as required, with advanced notice to the other party and at no added cost to the committee.

    The PLMC will meet quarterly or as mutually agreed to for the life of the agreement and agree to include Workplace Health and Safety as a standing agenda item.

  10. Committee FundingThere will be a total of $100,000 of annual funding allocated for the purposes of the Support Staff Education Committee and the Provincial Labour Management Committee. There will be a one-time $50,000 allocation for the purposes of the Joint Health and Safety Taskforce.
  11. Support Staff Initiative for Recruitment & Retention Enhancement (SSIRRE)
    The Parties commit to a Support Staff Initiative for Recruitment & Retention Enhancement (SSIRRE) with the following objectives:
    1. Gathering data of existing support staff recruitment and retention challenges and projected demand in the sector
    2. Gathering data of existing offerings for applicable post-secondary programs, vocational programs and identify potential gaps in program offerings to meet projected demands
    3. Partnering with post-secondary schools and vocational training providers to promote support staff positions in school districts
    4. Marketing the support staff opportunities within the sector (eg. Make a Future)
    5. Targeted support for hard to fill positions.
      The representatives of the PLMC will mutually select a consultant to perform the work of the initiative. The consultant will report to the PLMC on key milestones and as otherwise requested. During the term of the agreement $300,000 will be allocated for the purposes set out above.
  12. Early Care and Learning Plan

    In support of the Province’s Early Care and Learning (ECL) Plan, the parties will pursue collaborative opportunities 1or the K-12 sector to support effective transitions for care and learning from the early years to kindergarten e.g. before and after school care.

  13. Unpaid Work

    In accordance with the Employment Standards Act, no employee shall be required or permitted to perform unpaid hours of work.

  14. Employee Family Assistance Program (EFAP) services and the PEBT

    The Parties request that the PEBT Board undertake a review to assess the administering of all support staff Employee Family Assistance Program (EFAP) plans.

  15. Demographic, Classification and Wage Information

    BCPSEA agrees to coordinate the accumulation and distribution of demographic, classification and wage data, as specified in the Letter of Understanding dated December 14, 2011, to CUPE on behalf of Boards of Education. The data currently housed in the Employment Data and Analysis Systems (EDAS) will be the source of the requested information.

  16. Public Education Benefits Trust
    1. PEBT Annual Funding Date: The established ongoing annual funding payment of $19,428,240 provided by the Ministry of Education will continue to be made each April 1. This payment shall be made each April 1 of the calendar year to provide LTD and JEIS benefits in accordance with the Settlors Statement On Accepted and Policy Practices of the PEBT.
    2. The Parties agree that decisions of the Public Education Benefits Trust medical appeal panel are final and binding. The Parties further agree that administrative review processes and the medical appeal panel will not be subject to the grievance procedure in each collective agreement.
    3. Sick leave and JEIS eligibility for sick leave or indemnity payments requires partlCipation in the Joint Early Intervention Service (JEIS) according to the JEIS policies of the PEBT.

  17. Employee Support Grant (ESG)

    The Parties agree to the principle that Support Staff union members who have lost wages as a result of not crossing lawful picket lines during full days of a BCTF strike/BCPSEA lockout will be compensated in accordance with the letter of agreement in Appendix A.

  18. Adoption of Provincial Framework Agreement (PFA)

    The rights and obligation of the local parties under this Provincial Framework Agreement (PFA) are of no force or effect unless the collective agreement has been ratified by both parties no later than November 30, 2019.

  19. Funding

    Funding for the Provincial Framework Agreement will be included in operating grants to Boards of Education.

  20. Provincial Bargaining

    The parties agree to amend and renew the December 14, 2011 Letter of Understanding for dedicated funding to the K-12 Presidents’ Council to facilitate the next round of provincial bargaining. $200,000 will be allocated as of July 1, 2020.

Dated this 12th day of July, 2018.

The undersigned bargaining representatives agree to recommend this letter of understanding to their respective principals.

K-12 Presidents’ Council and Support Staff Unions
Warren Williams (Local 15 – Metro)
Tracey Mathieson
Rob Hewitt
Leslie Franklin (Local 703 – Fraser Valley)
Nicole Edmondson (Local 3500 – Okanagan)
Paul Simpson (Local 379 – Metro)
Marcey Campbell ( Local 728 – Metro)
Sylvia Lindgren (Local 523 – Okanagan)
Rolanda Lavallee ( Local 2145 – North)
Len Hanson. (Local 2298 — North)
Joanne (Jody) Welch. ( Local 401- North Island)
Fred Schmidt (Local 382 – South Island)
Jane Massy (Local 947 – South Island)
Michelle Bennett ( Local 748 — Kootenays)
Brent Boyd. (Local 407 – Metro)
Patti Price (Local 1091 – Metro)
Rod Isaac (Local 411 – Fraser Valley)
Marcel Marsolais ( Local 409 — Metro)
Anne Purvis (Local 440 — Kootneys)
Rob Zver ( Local 606- North Island)
Bruce Scott ( WVMEA)
Tim DeVivo. ( IUOE Local 963)
Corey Thomas
Loree Wilcox
Corinne lwata (minute taker)

 

BC Public School Employers’ Association & Boards of Education

Leanne Bowes, BCPSEA
Renzo del Negro, BCPSEA
Tammy Sowinski, OLRC
Kyle Uno, SD36 Surrey
Robert Weston, SD40 New Westminster
Jason Reid, SD63 Saanich
Marcy VanKoughnett, SD20 Kootenay-Columbia
Alan Chell, BCPSEA Board of Directors
Ken Dawson, PSEC
Elisha Tran (Minute Taker)

Appendix A

Letter of Agreement (“Letter”)

Between:
BC Public School Employers Association (“BCPSEA”)

And:
The CUPE K – 12 Presidents’ Council and Support Staff Unions (“the Unions”)

Re: Employee Support Grant (ESG) after June 30, 2019
This Employee Support Grant (ESG) establishes a process under which employees covered by collective agreements between Boards of Education and the Unions shall be entitled to recover wages lost as a result of legal strike activity by the BC Teachers’ Federation (“BCTF”) or lockout by BCPSEA after June 30, 2019.

  1. The ESG will be available provided that:
    1. A board and local union have a collective agreement which has been ratified by both parties no later than November 30, 2019 and,
    2. There has been no successful strike vote by the BCTF or local support staff union prior to local union ratification.
  2. Employees are expected to attend their worksite if there is no lawful BCTF picket
  3. Employees who have lost wages as a result of not crossing lawful picket lines during full days of a BCTF strike/BCPSEA lockout shall be compensated. This compensation shall be in accordance with the following:
    1. In the event that employees are prevented from attending work due to a lawful picket line, employees will be paid for all scheduled hours that the employee would have otherwise worked but for the labour dispute. Their pay will be 750/o of their base wage rate.
    2. The residual 25% of the employees’ base wage rate will be placed in a district fund to provide professional development to support staff employees. Funds will be dispersed by the district following agreement between the district and the local union.
  4. Within forty-five (45) days of the conclusion of the labour dispute between BCPSEA and the BCTF, boards will reimburse each employee for all scheduled hours for which the employee has not otherwise been paid as a result of strike or lockout.
  5. If the employee disputes a payment received from the board, the union may submit the dispute with particulars on the employee’s behalf to a committee comprised of an equal number of representatives appointed by BCPSEA and the Unions.
  6. If the joint committee is unable to resolve the employee’s claim it will submit the dispute to a mutually agreed upon arbitrator who must resolve the dispute within ten (10) days of hearing the differences between the board and the union.

Original signed on     by:

BCPSEA
Leanne Bowes

K-12 Presidents’ Council
Warren Williams

Letter of Agreement (“Letter”)

Between:
BC Public School Employers Association (“BCPSEA”)
And:
The CUPE K – 12 Presidents’ Council and Support Staff Unions (“the Unions”)

Re: Public Sector General Wage Increases

  1. If a public sector employer as defined in s. 1 of the Public Sector Employers Act enters into a collective agreement with an effective date after December 31, 2018 and the first three years of the collective agreement includes a cumulative nominal (not compounded) general wage increase of more than 6%, the general wage increase in the 2019- 2022 Provincial Framework Agreement will be adjusted on the third anniversary of the 2019-2022 Provincial Framework Agreement so the cumulative nominal (not compounded) general wage increases are equivalent. This Letter of Agreement is not triggered by any gene.rat wage increase awarded as a result of binding interest arbitration.
  2. A general wage increase and its magnitude in any agreement is as defined by the PSEC Secretariat and reported by the Secretariat to the Minister of Finance.
  3. For certainty, a general wage increase is one that applies to all members of a bargaining unit and does not include wage comparability adjustments, targeted lower wage redress adjustments, labour market adjustments, service improvement allocations, and is net of the value of any changes agreed to by a bargaining agent for public sector employees to obtain a compensation adjustment.
  4. This Letter of Agreement will be effective during the term of the 2019-2022 Provincial Framework Agreement.

This information is provided for reference only and is current as of the date of drafting. Please visit www.worksafebc.com for current information.

Refusing unsafe work

Wonders have the right to refuse unsafe world. If you have reasonable cause to believe that performing a job or task puts yoti or someone else at risk, you must not perform the job or task. You must immediately notify your supervisor or employer, who will then take the appropriate steps to determine if the work is unsafe and remedy the situation.

As an employer, workers are your eyes and ears on the fi‘ont line of workplace health and safety. When workers refuse work because they believe it’s unsafe, considcr it an opporiuia ity to investigate and correct a situation that could have caused harm.

If a worker refuses work because it’s unsafe, workplacc procedures will allow the issue to be properly understood and corrected. As a worker. you have the right to refuse to perform a specific job or task you believe is unsafe without being disciplined by jour employer. Your employer or supervisor iriay temporarily assign a new’ task to you, at no loss in pay.

Steps to follow when work might be unsafe:

  1. Report the unsafe condition or procedure
    • As a worker, you must immediately report the unsafe condition to a supervisor or employer.
    • As a supervisor or employer, you must investigate the matter and fix it if possible. lf you decide the worker’s concern is not valid, report back to the worker.
  2. If a worker still views work as unsafe after a supervisor or employer has said it is safe to perform a job or task
    As a supervisor or employer, you must investigate the problem and ensure any unsafe condition is fixed.
    This investigation must tame place in the presence of the worker and a worker representative of the joint health and safety committee or a worker chosen by the worker’s trade union. If there is no safety committee or representing trade union at the workplace. the worker who first reported the unsafe condition can choose to have another worker present at the investigation.

  3. If a worker still views work as unsafe, notify WorkSafeBC
    lf the matter is not resolved, the worker and the supervisor or employer must contact Wor1‹SafeBC. A prevention officer will then investigate and take steps to find a workable solution.

    https://www.worksafebc.com/en/health-safety/create-manage/rights-esponsibilities/refusinq-unsafe-work+orisin=s&returnurl=https%3A%2F%2Fwww.worksafebc.com%2Fen%2Fsearch%23q%3Dusafe%252@_woo26sort%3Drelevancy%26f%3Alanquaqe-facet%3D%5BEnqIish/5D

Note: WorkSafeBC establishes a range of employer and employee rights and responsibilities. Please visit www.worksafebc.com for current information.

Worker Rights and Responsibilities:

On a worksite, everyone has varying levels of responsibility for workplace health and safety. You should know and understand your responsibilities — and those of others. If you’re a worker, you also have three key rights.

Rights:
  • The right to know about hazards in the workplace.
  • The right to participate in health and safety activities in the workplace.
  • The riqht to refuse unsafe work without getting punished or fired.
Responsibilities:

As a worker, you play an important role in making sure you — and your fellow workers — stay healthy and safe on the job. As a worker, you must:

  • Be alert to hazards. Report them immediately to your supervisor or employer.
  • Follow safe work procedures and act safely in the workplace at all times.
  • Use the protective clothing, devices, and equipment provided. Be sure to wear them properly.
  • Co-operate with joint occupational health and safety committees, worker health and safety representatives, WorkSafeBC prevention officers, and anybody with health and safety duties.
  • Get treatment quickly should an injury happen on the job and tell the health care provider that the injury is work-related.
  • Follow the treatment advice of health care providers.
  • Return to work safely after an injury by modifying your duties and not immediately starting with your full, regular responsibilities.
  • Never work under the influence of alcohol, drugs or any other substance, or if you’re overly tired.

Employer Responsibilities:

Whether a business is large or small, the law requires that it be a safe and healthy place to work. If you are an employer, it is your responsibility to ensure a healthy and safe workplace.

Your Responsibilities:
  • Establish a valid occupational health and safety program.
  • Train your employees to do their work safely and provide proper supervision.
  • Provide supervisors with the riecessary support and training to carry out health and safety responsibilities.
  • Ensure adequate first aid equipment, supplies, and trained attendants are on site to handle injuries.
  • Regularly inspect your workplace to make sure everything is working properly.
  • Fix problems reported by workers.
  • Transport injured workers to the nearest location for medical treatment.
  • Report all injuries to WorkSafeBC that required medical attention.
  • Investigate incidents where workers are injured or equipment is damaged.
  • Submit the necessary forms to WorkSafeBC.
Supervisor Responsibilities:
  • Supervisors play a key role with very specific health and safety responsibilities that need to be understood.
  • A supervisor is a person who instructs, directs, and controls workers in the performance of their duties. A supervisor can be any worker — management or staff — who meets this definition, whether or not he or she has the supervisor title. If someone in the workplace has a supervisor’s responsibilities, that person is responsible for worker health and safety.
  • Ensure the health and safety of all workers under your direct supervision.
  • Know the WorkSafeBC requirements that apply to the work under your supervision and make sure those requirements are met.
  • Ensure workers under your supervision are aware of all known hazards.
  • Ensure workers under your supervision have the appropriate personal protective equipment, which is being used properly, regularly inspected, and maintained.
  • has www.worksafebc.com/en/health-safety/create-manaqe/riqhts-responsibilities

Appendix B

Local Memorandum of Agreement

The parties agree to the following changes to the July 1, 2014 — June 30, 2019 local Collective Agreement between the Board of Education of School District No. 35 (Langley) and CUPE Local 1851.

Agreed July, 2019

  1. CUPE Local 1851
  2. Board of Education of School District No. 35 (Langley)

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CUPE 1851

Langley School District #35
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