TOC Bargaining Language

The BTA Bargaining Committee wrote the language below and it was tabled with the board in March, 2011 to be negotiated after our CA ended June 30, 2011.  This language came out of bargaining objectives set through carried motions at BTA General Meetings.  They are:

1) BTA AGM MAY 25TH, 2010

That the BTA mandate bargaining for Teacher On Call Seniority rights on par with Teachers On Contract,  as set out in the best-practices model language established in the Collective Bargaining Handbook, whose goal is to match objectives set by the 2006 BCTF AGM (BCTF 2006 Provincial Bargaining Team):  

-Section C Article 4:     TEACHER ON CALL EMPLOYMENT
 pp 178 -180
-Section C Article 8:     SENIORITY:  DEFINITION, CALCULATION AND PORTABILITY
 pp 190 -193                   

2)  BTA GM OCT 5TH, 2010

That the BTA “Establish Preferential/Seniority Hybrid Callout for Teachers-on-Call.   (Requesting is permitted and following this the TOC call-out is done by seniority.)”


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Proposed Language for Hybrid TOC Callout System (C.23.e) 

C.23.* TEACHERS-ON-CALL/ADULT EDUCATION TEACHER REPLACEMENTS 

1. TEACHERS-ON-CALL — K-12

    a. At the request of either party a committee composed of nominees of the Board and the Association

        shall be established to study the utilization of teacher-on-call staff, and from time to time standard 

        procedure bulletins will be issued to give effect to such studies. 

    b. It will be general practice that teachers-on-call are provided with the following at the District level:

        Membership information and applications for Burnaby Teachers’ Association and the B.C. 

        Teachers’ Federation as supplied by the B.T.A.; a map of Burnaby school locations; the starting 

        time of Burnaby schools; and other basic information applicable to Burnaby schools. 

    c. When practical, teachers-on-call will receive the following at the school level - a brief outline of 

        school procedures (eg. fire drills, attendance procedures, noon-time hours and activities, other 

        school activities, information about day books and previews, names of Principal, Vice-Principal, 

        Department Head and other resource people). 

    d. Teacher-on-Call List 

i. The Board shall maintain a list of persons who are qualified and have been placed on the list of teachers-on-call. The Board shall forward a copy of such a list to the Association in the month of September, and notify the Association regularly as changes are made. teachers employed and currently available to act as teachers on call. The list shall be in order of seniority based on qualifications. 

a. For the purpose of this article “seniority” means a teacher’s first date of hire into the employment of the board. The employer shall update the teacher on call list monthly and shall provide the local with a copy. 

b. For the purpose of this article “qualifications” means formal documented qualifications and/or experience in the area of specialization as previously determined by mutual agreement between district and union 

ii. A teacher-on-call will not be removed from the list of teachers-on-call unless the teacher-on-call was regularly unavailable for work, or there is just cause. Just cause will recognize the often fragmentary and short term nature of teacher-on-call service. 

The removal of a teacher on call from the list, or restriction by the employer of the call out of a teacher on call, shall occur only for just and reasonable cause and shall be subject to the discipline and dismissal provisions of the previous collective agreement 

iii. A teacher on call who is in receipt of a retirement pension benefit shall not be allowed to apply, for any purpose, his/her seniority accrued up to the date of his/her retirement. Thereafter, he/she shall accrue seniority pursuant to clauses C.23.1.d.i.a of this article. 

iv. The union and the employer in consultation may agree to limit the size of the teacher on call list. 

v. A teacher on call may indicate on the list that he/she is available only for assignments at particular times, at particular grade levels or subject areas, or at particular schools and/or worksites. 

      e. Teacher-On-Call Assignments and the Automated Dispatch System (ADS) 

i. Seniority and qualifications 

a. The seniority of a teacher on call shall be defined as the first date of hire into the district, as per C.23.1.d.i.a. 

b. Qualifications shall be defined as formal documented qualifications and/or experience in the area of specialization as previously determined by mutual agreement between district and union C.23.1.d.i.b. 

ii. When a teacher-on-call is required for an assignment, the ADS will dispatch according to seniority in the following order until a teacher-on-call is successfully dispatched for that assignment: 

a. First from the list of TOCs with formal documented qualifications and/or experience in the area of specialization as previously determined by mutual agreement between district and union 

b. Second from the list of TOCs with experience in the area of specialization, as determined on a case-by-case basis by mutual agreement between district and union 

c. Third, from the list of TOCs without qualifications or experience, who are willing to act in a supervisory capacity, based on the expressed willingness of the TOC to do so. 

iii. Nothing included in C23.1.e.i-ii above shall preclude an individual teacher from requesting a particular teacher-on-call for his/her absence. 

iv. The specifics of the assignment shall be provided to the teacher on call at the time of call-out. 

v. The teacher on call shall be required to assume only the work of the employee he/she is replacing. 

vi. The teacher on call shall be entitled to the scheduled preparation time of the employee being replaced. 

vii. Where the teacher on call agrees, he/she may replace more than one employee on a rotational basis, provided the total assignment for the day complies with collective agreement provisions. 

viii. The teacher on call initially assigned to a class where the employee is absent for an indefinite period shall continue in the assignment until the absent employee returns, unless the duration of the assignment is such that it must be posted and filled in accordance with the previous collective agreement. 

ix. Subject to clause 1.e.viii of this article, the teacher on call shall continue in the assignment unless the district and the local agree that a replacement is required due to the specialized nature of the assignment. 

     e  (New f) TEACHER-ON-CALL SECURITY 

The employer shall first offer temporary contracts to teachers-on-call who have the greatest seniority and qualifications as defined in C.23.1.d.i. 

      f  (New g) TEMPORARY CONTRACTS 

i. Once the Board has reasonable expectation that a teacher will be absent for a subsequent period of twenty working days or more, the vacancy shall be filled by an appointment to a temporary contract, as per C 23.1.d.i. 

ii. A teacher-on-call who replaces an absent teacher and completes at least a complete calendar month of employment on the same assignment shall be granted a temporary contract retroactively upon completion of the full calendar month of work. Applicable benefits and entitlements will be effective from that date, save and except for sick leave credits and experience credits which will be applied retroactively to the date on which the teacher began the assignment.