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S 1 A AGREEMENT BINDING ON THE ONE HAND LOYE' KGAININeCOMfv1ITTEE FOfl PROTESTAI, OOL BO'ARDS (CPNCP AND ON THE OTFIER , HAND, ,C.AT DES EMPLQ4ES ET EMPLOYÉS POESSI flELS-LES ET DÉeUREAU, LOCAL 57, AFFILI H THE QUEBEC FEDERATION OF LABOUR (FTQ) EXTENSION TO JUNE 30, 1993 OF THE AGREEMENT ENDING _ _ JUNE 30, 1992. r 111111111 1 1990-1991 69-8080

AGREEMENT PURSUANT TO CLAUSE 2-2.04 OF THE AGREEMENT BINDING

ON THE ONE HAND THE EMPLOYER BARGAINING COMMITTEE FOR PROTESTANT SCHOOL BOARDS, PROTESTANT CONFESSIONAL SCHOOL BOARDS AND DISSIDENT SCHOOL BOARDS FOR PROTESTANTS

(CPNCP) •

AND ON THE OTHER HAND THE SYNDICAT DES EMPLOYÉES ET EMPLOYÉS PROFESSIONNELS-LES ET DE BUREAU, SECTION LOCALE 57, AFFILIATED WITH THE QUÉBEC FEDERATION OF LABOUR (QFL)

SUBJECT: EXTENSION TO JUNE 30, 1993 OF THE AGREEMENT ENDING JUNE 30, 1992

69-8080

- 2 - The signatory parties to this agreement agree to modify the above-mentioned entente in the following manner: By adding the following paragraph to clause 5-4.01: 5-4.01 For the purposes of this article, spouse means either of the man and the woman: who are married and cohabiting; who are living together as husband and wife and are the father and mother of the saine child; who have been living together as husband and wife for at least one (1) year. By adding the following paragraph to clause 5-4.03: 5-4.03 The basic weekly salary*, deferred basic weekly salary and severance payments shah l not be increased or decreased by the amounts received under the supplementary unemployment insurance benefits plan. "Basic weekly salary" means the regular salary of the employee including the regular salary supplement for a regularly increased workweek as well as the premiums for

responsibility to the exclusion of the others without any additional remuneration even for overtime. By replacing clause 5-4.10 with the following: 5-4.10 The employee who has accumulated twenty (20) weeks of service* and who, following the submission of a request for unemployment insurance benefits by virtue of an unemployment insurance plan, receives such benefits (except for paragraphs a) and c) below), shah l be entitled, during her maternity leave, subject to clause 5-4.15, to receive:

for each week of the waiting period stipulated by the unemployment insurance plan, a compensation equal to ninety-three per cent (93%)** of her basic weekly salary;

for each week she is receiving or could receive unemployment insurance benefits, an additional compensation equal to the difference between ninety-three per cent (93%) of her basic weekly salary and the weekly unemployment insurance benefit that she is receiving; such additional compensation shall be calculated on the basis of the unemployment insurance benefits that an em­ployee is entitled to receive without taking into account

the amounts deducted from such benefits because of the reimbursement of benefits, interest, penalties and other amounts recoverable under the unemployment insurance plan.

- 3 - (CONT'D) 5-4.10 (CONT'D) However, in the case of the employee who works for more than one employer from among those provided for in.paragraph c) of clause 5-4.14, she shah l receive an additional compensa­tion from each of her employers. In this case, the addi­tional compensation shall be equal to the difference between ninety-three per cent (93%) of the basic weekly salary paid by the board and the percentage of the unemployment insur­

ance benefit corresponding to the proportion of basic weekly salary it pays her in relation te the total basic weekly salaries - paid by ah l the employers. To this end, the em­ployee shall provide each 0f ber employers with a statement of the weekly salaries paid by each of them and the amount of the benefits paid te her by HIC. Horeover, if BIC reduces the number of weeks of unemployment insurance benefits to which the employee would otherwise have been entitled if she had not benefited from unemploy­ment insurance benefits before her maternity leave, the employee shall continue to receive, for a period equivalent te the weeks deducted by HIC, the additional compensation

provided for in the first subparagraph of this paragraph b) as if she had, during this period, benefited from unemploy­ment insurance benefits:

c) for each of the weeks following the period provided for in paragraph b) of this clause, a compensation equal to ninety-three per cent (93%) of her basic weekly salary until the end of the twentieth (20th) week of the maternity leave. •

* The absent employee shall accumulate service if her absence is authorized, particularly for disability, and includes benefits or remuneration. ** Ninety-three per cent (93%): This Percentage vas set to'take into account the fact that the employee is exonerated, during a maternity leave, from contributing her share of premiums te the pension and unem­ployment insurance' plans, which is equal te an average of

seven per cent (7%) of her salary.

IV- Clause 5 -4.13 is replaced with the folloving: . 5-4.13 The employee who is excluded from unemployment insurance ben - efits or who is declared ineligible ehall also be excluded froM any other compensation. However: the full-time employee who has accumulated twenty (20) Weeks of service shall also be entitled to a compensation equal to

ninety-three per cent (93%) of her basic weekly salary for ten (10) weeks, if she does not receive unemployment insurance benefits for the following reason: i) she did not hold an insurable job for et least twenty (20) weeks during the period of reference provided for in the unemployment insurance plan.

- 4 - . (ÇONT'D) 5-4.13 (CONT'D) -The part-time employee vho has-accumulated - tventy (20) veeks of service shah l be entitled to a compensation equal to ninety-five per cent (95%) of ber basic' veekly salary for ten (10) veeks. if she does mot receive unemployment insurance benefits for one of the folloving reasons: i). she did mot contribute to the unemployment iniurence plan; or ii) she did contribute but did not hold an incurable job for at least tventy (20) veeks during ber period of reference. If the part-time employee is exonerated from contributing to the pension and unemployment insurance plans, the percentage of the compensation shah l be set at ninety-three per cent (93%). The footnote in clause 5-4.15 is replaced with the folloving: It is the allowance currently set at three hundred and sixty dollars ($360.00). By replacing paragraph a) of clause 5-4.22 with the followingt a) when a complication in the pregnancy or a risk of miscar­riage requires a work stoppage for a definite period pre­scribed by a medical certificate; this special leave cannot be extended beyond the beginning of the eighth (8th) week preceding the due date; Clause 5-4.26 is replaced with the followingt 5-4.26 The employee who legally adopts'a child and who does mot benefit from.the ten (10)-week leave for adoption shah l be entitled to a leave for a maximum period of five (5) working days, of which only the first two (2)-days shall be remunerated. This leave may be discontinuous but it may mot be taken more than fifteen (15) deys followinuthe child's arrival home. However, if it involves the spouse's aild, the employee shahl only be entitled to a leave.withoUt salary for a maximum period of tvo (2) working days.

- 5 - VIII- Clause 5-4.30 14 replaced with the folloving: Leave of Absence without Salary and Part-time Leave without Salarv

5-4.30 An egployee shah l be entitled to either one of the following leaves: a) A leave of absence without salary shah l be granted for a maximum duration of two (2) years to an employee to extend ber maternity leave, to an employee to extend his paternity leave and to extend his/her ten (10)-week leave for adop-tion.

The full-time employee who does flot use this leave of absence without salary shah l be entitled ta a.part-time leave of absence without salary for a maximum of two (2) years.

The part-time employee shah l also be entitled to this part-time leave without salary. However, the , other provisions of the collective agreement concerning the determination of the number of hours of work shah l remain applicable.

During this leave, the employee shah l be entitled, following a written request submitted et least thirty (30) deys in advance, to change his/her leave only once: from a leave without salary to a part-time leave ' without salary or the inverse, as the case may be:

from a part-time leave without salary to a different -part-time•leave without salàry.

The employee who does flot use his/her leave or part-time leave of absence without salary may, for that portion of the leave which his/her spouse does flot use, choose to benefit from a leave or a part-tinte leave of absence Without salary

by following the formalities prescribed.

If the spouse of the employee is flot an employee of the public sector, the :. employee may avail.himself/herself of a leave provided for above et the Ume he/she chooses within two • 2) years following the birth or adoption without exceeding the two (2)-year Ume limit following the birth or adoption.

b) The employee.who. does net use the leave provided for in the preceding paragraph a) may benefit after the birth or adop­tion of.his/her child : from aleave of absence without salary for a maximum periOd of thirty-four (34) continuous weeks which begins et the tinte the employee chooses and ends no later than one (1) year following the birth or, in the case of an adoption, one '(1) year after he/she assumes full legal responsibility for the child. However, this paragraph shahl flot apply to the employee who adopts his/her spouse's child.

- 6 - IX- By replacing clause 5-4.31 with the following: 5-4.31 During the leave of absence without salary, the employee shahl accumulate his/her seniority and may continue to contribute to the insurance plans that are applicable to him/her provided he/she submit a request at the beginning of the leave and provided he/she pay the entire amount of the premiums. He/She may apply for a position which is posted and obtain it in accordance with the provisions of the agreement as if he/she were at work. During the part-time leave without salary, the employee shahl also accumulate his/her seniority and, by carrying out a work-load, shah l be governed by the rules applicable to a part-time employee*. During the leave of absence without salary or the part-time leave of absence without salary, the employee shah l accumulate his/her experience for the purposes of determining his/her salary op to the first thirty-four (34) weeks. * This paragraph shah l not cause an employee who works seventy-five per cent (75%) or more of the duration of the regular workweek to lose his/her status of full-time employee. By replacing clause 5-4.34 with the following: 5-4.34 An employee may be absent from work for a maximum of six (6) days per year, in cases where his or her presence is required, to fulfill obligations relating to the care, health or education of his or her minor child. The days thus used shah l be deducted from the employee's annual bank of sick-leave days provided for in clause 5-3.39 or, if he/she so chooses, shall be taken without salary. A leave or a part-time leave of absence without salary for a maximum of one (1) year shah l be granted to an employee whose minor child experiences socio-emotional problems or whose minor child is handicapped or is chronically ill and who requires his/her care.

In ah l cases, the employee must notify the school board as soon as possible and provide proof justifying such absence. By replacing clause 5-4.35 with the following: 5-4.35 The leaves of absence provided for in clause 5-4.25, in the first paragraph of clause 5-4.28, in the first paragraph of paragraph a) of clause 5-4.30 and in paragraph b) of clause 5-4.30 shall be granted following a written request submitted at least two (2) weeks in advance. The part-time leave of absence without salary shall be granted following a written request submitted at least thirty (30) days in advance. In the case of a part-time leave of absence without salary, the request must specify the arrangement of the leave of absence. Should the board disagree on the number of days off per week, the employee shah l be entitled to a maximum of two and a half (2%) deys per week or the equivalent for up to two (2) years. Should the board disagree on the distribution of these deys, it shah l effect the distribution. In the case of a leave or a part-time leave of absence without salary, the request must specify the date of return to work.

- 7 - By replacing clause 5-4.37 with the following: 5-4.37 The employee to whom the school board has sent a four (4)-week notice indicating the expiry date of the leave of absence without salary 'must inform the school board, at least two (2)

weeks prior to the expiry of the said leave, of his/her return to work. Failing this, he/she shah l be considered as having resigned. The employee who wishes to terminâte his/her leave of absence without salary before the anticipated date must submit a written notice to this effect at least twenty-one (21) deys prior to his/her return. In the case of a leave of absence without salary exceeding thirty-four (34) weeks, this notice must be of at least thirty (30) deys.

By adding the following paragraph to paragraph n 2. of Appen­dix VII: Moreover, in the event of modifications or new regulations concerning labour standards with respect to parental rights, it shall be understood that the parties shah l meet to discuss the possible impact of these modifications on the parental rights plan provided for in article 5-4.00 of the agreement. Paragraph B) cf clause 6-3.06 (Salary) as well as .the title ,"Lump Suis Paymént on July 1, 1992" provided for in clauee 6-3.04 and the following two (2) paragraphs are deleted and replaced. with those found in section XV. 6-3.06 Salary B) Period from July 1, 1992 to June 30, 1993 Every hourly rate and every hourly salary scale in effect on June 30, 1992 shah l be increased on July 1, 1992 by a percentage equal to three per cent (3%). The new salary rates and scales thus increased on July 1, 1992 are those found in Appendix I. The payment of the lump sum in effect since July 1, 1991 and provided for in clause 6-3.04 shah l be interrupted between July 1, 1992 and March 31, 1993. As of April 1, 1993, the provisions concerning the lump suis provided for in clause 6-3.04 in effect since July 1, 1991 shah l be replaced with the following: Every hourly rate and every hourly salary scale in effect on March 31, 1993 shah l be increased on April 1, 1993 by a percentage equal to one per cent (1%). The new salary rates and scales thus in­creased on April 1, 1993 are those foûnd in Appendix I.

- 8 - Paragraphs e), f), g) and h) of clause 6-3.05 are deleted and replaced with the following:

As of July 1, 1992, the employee whose salary rate, on the day preceding the date on which the salary scales and rates are increased, is higher than the single salary rate or the maximum of the salary scale in effect for his or her class of employment shah l benefit from a minimum rate of increase which is equal to half of the percentage of increase appli­cable on July 1, 1992 in relation to the preceding June 30 at the single salary rate or step situated at the maximum of the scale on the preceding June 30 corresponding to his or

her class of employment.

If the application of the minimum rate of increase deter­mined in paragraph e) has the effect of placing, on July 1, an employee who was overscale or overrate on the preceding June 30 at a salary which is lower than the maximum step of the scale or single salary rate corresponding to his or her

class of employment, this minimum rate of increase shall be brought to the percentage necessary to permit the employee

to reach this step or single salary rate.

The difference between, on the one hand, the percentage increase of the maximum salary step or the single salary rate corresponding to the employee's class of employment and, on the other hand, the minimum rate of increase established in accordance with paragraphs e) and f) shall be paid te him or her as a lump sum calculated on the basis of

his or her salary rate on June 30.

The lump sum shall be spread and paid over each pay period as of July 1, 1992 in proportion to the regular hours remunerated for each pay period.

As of April 1, 1993, the employee whose salary rate, on the day preceding the date on which the salary scales and rates are increased, is higher than the single salary rate or the maximum of the salary scale in effect for his or her class of employment shah l benefit from a minimum rate of increase which is equal to half of the percentage of increase appli­cable on April 1, 1993 in relation to the preceding March 31

at the single salary rate or step situated at the maximum of the scale on the preceding March 31 corresponding to his or her class of employment.

If the application of the minimum rate of increase deter­mined in paragraph i) has the effect of placing, on April 1, ' an employee who was overscale or overrate on the preceding March 31 at a salary which is lower than the maximum step of

the scale or single salary rate corresponding to his or her class of employment, this minimum rate of increase shah l be brought to the percentage necessary to permit the employee

to reach this step or single salary rate.

The difference between, on the one hand, the percentage increase of the maximum salary step or the single salary rate corresponding te the employee's class of employment and, on the other hand, the minimum rate of increase established in accordance with paragraphs i) and j) shah l be paid to him or her as a lump sum calculated on the basis of

his or ber salary rate on March 31.

1) The lump sum shall be spread and paid over each pay period as of April 1, 1993 in proportion to the regular hours

remunerated for each pay period.

- 9 - XVII- Clause 6-5.01 (Evening Shift Premium - Night Shift Premium) is modified in the following mariner: Evening Shift Premium: By deleting: On June 30, 1992, effective July 1, 1992: $0.53/hour and by replacing it with: From July 1, 1992 to March 31, 1993: $0.53/hour As of April 1, 1993: $0.53/hour Night Shift Premium: By deleting: On June 30, 1992, effective July 1, 1992: $0.79/hour and by replacing it with: From July 1, 1992 to March 31, 1993: $0.79/hour As of April d, 1993: $0.79/hour XVIII- Clause 6-5.02 (Premium for Additional Responsibility) is modified in the following mariner: a) By deleting in paragraph a): On June 30, 1992, effective July 1, 1992: $8.12/week and by replacing it with: • From July 1, 1992 to March 31, 1993: $8.12/week As of April 1, 1993: $8.20/week By deleting in paragraph b): On June 30, 1992, effective July 1, 1992: $0.66/hour and by replacing it with: From July 1, 1992 to March 31, 1993: $0.66/hour As of April 1, 1993: $0.67/hour By deleting in paragraph c): On June 30, 1992, effective July 1, 1992: $1.16/hour and by replacing it with: From July 1, 1992 to March 31, 1993: $1.16/hour As of April 1, 1993: $1.17/hour By deleting in paragraph d): On June 30, 1992, effective July 1, 1992: $0.69/hour and by replacing it with: From July 1, 1992 to March 31, 1993: $0.69/hour As of April 1, 1993: $0.70/hour

- 10 - XIX- Clause 6-5.04 (Verification of Furnaces) is modified by adding the following: From July 1, 1992 to March 31, 1993: $16.00. As of April 1, 1993: $16.00. XX- Clause 6-6.06 (Loan and Rental of Rooms or Halls) is modified in the following manner: for the opening and closing of the school and of the premises used:

by deleting: on June 30, 1992, effective July 1, 1992: sixteen dollars and forty-eight cents ($16.48);

and by replacing it with: from July 1, 1992 to March 31, 1993: sixteen dollars and forty-eight cents ($16.48);

as of April 1, 1993: sixteen dollars and forty-eight cents ($16.48);

for the opening and closing of the school and of the premises used as well as for a perfunctory cleaning of the

premises:

by deleting: on June 30, 1992, effective July 1, 1992: twenty7six dollars and seventy-eight cents ($26.78);

and by replacing it with: from July 1, 1992 to March 31, 1993: twenty-six dollars and seventy-eight cents ($26.78);

as of April 1, 1993: twenty-six dollars and seventy-eight cents ($26.78);

XXI- Clause 10-4.02 is modified by replacing the title of article 5-4.00 to which it refera with the following: 5-4.00 Parental rights, with the exception of the leave of absence without salary or part-time leave of absence without salary to extend a maternity leave, a paternity leave or a leave for adoption provided for in paragraph a) of clause 5-4.30.

Clause 11-5.01 is modified in the following manner: By replacing the date of June 30, 1992 with June 30, 1993. Appendix I "Hourly Salary Scales and Rates" is replaced with that attached hereto.

Appendix IV (Classification of Certain Employees) is modified in the following manner: By replacing the date of June 30, 1992 with June 30, 1993 in the first paragraph.

Appendix VIII is modified by replacing paragraph c) with the following: c) the employee shah l flot be entitled to the provisions of article 5-4.00 concerning the extension of the maternity leave, paternity leave or leave for adoption othèr than those prescribed in paragraph b) of clause 5-4.30 according to the tenus and conditions stipulated therein;

Appendix XV (Letter of Intention Regarding the Retirement Plans (RREGOP, RRE, RRF) attached hereto is added. Appendix XVI (Intersectorial Committees) attached hereto is added. Appendix XVII (Calendar of the Next Round of Negotiations) attached hereto is added. Appendix XVIII (Removal of references to immediate superior with respect to the classes of employment of executive secretary, school secretary and secretary) attached hereto is added.

- 12- This agreement shah l corne into force on the date it is signed. It shahl have no retroactive effect unless stipulated to the contrary. However, any amount paid as of July 1, 1992 shah l be deducted from the amounts to be paid by virtue of this agreement. IN WITNESS WHEREOF, the parties have signed in Montréal on this llth day of the month of November 1992. THE EMPLOYER BARGAINING COMMITTEE THE SYNDICAT DES EMPLOYÉES ET . FOR PROTESTANT SCHOOL BOARDS, EMPLOYÉS PROFESSIONNELS-LES ET PROTESTANT CONFESSIONAL SCHOOL DE BUREAU, SECTION LOCALE 57 BOARDS AND DISSIDENT SCHOOL BOARDS FOR PROTESTANTS (CPNCP) AFFILIATED WITH: THE QUÉBEC FEDERATION OF LABOUR (QFL) (signed) Robin Drake President