Archives - Conventions collectives

Informations sur la décision

Contenu de la décision

Sla 1983-1985 CENTRE DE DOCUMENTATION D. G. P. R. S U P P O R T S T A F F C P N C P 1 9 8 3 - 1 9 8 5 Provisions Constituting Collective Agreements Binding on the one hand, each and every School Board for Protestants contemplated by chapter 0-7.1 of the Revised Statutes of Quebec and on the other hand, each of the certified association which, on Nov 982, negotia U t e bureau, e 57, affiliated Quebec Federat ion of Labour on behalf of the support staff employees of the Protestant School Boards Leaget cunendmente - 69-0228 (1-S) to 69-0228 (2-S) . AMENDED EDMON OCTOBER 1983 li ii 11191111
This leaflet contains the amendments listed below. The contents must be added to (or replace as the case may be) the text of the amended edition pnblisbed during August 1983 (October 1983 in cer­tain cases) and to the contents of the amendinents already publish­ed, if any. Text of the agreement signed on FebruarY 28-1984 69-0228 (1-8) - November 19-1984 69-0228 (2-S)
FTQ-57 PROTESTANT _ ENTENTE BY VIRTUE OF CLAUSE 2-2.04 OF THE PROVISIONS CONSTITUTING COLLECTIVE AGREEMENTS BINDING ON THE ONE HAND: EACH OF THE SCHOOL BOARDS FOR PROTESTANTS CONTEMPLATED BY CHAPTER,01- 7. OF THE REVISED STATUTES OF QUÉBEC AND ON THE OTHER RAND: THE SYNDICAT DES EMPLOYÉS PROFESSIONNELS ET DE BUREAU, SECTION LOCALE 57, ON BEHALF OF THE SUPPORT STAFF EMPLOYEES OF SCHOOL BOARDS AND ON BEHALF OF THOSE IT REPRESENTED AS BARGAINING AGENT ON NOVEMBER 29, 1982 February 28-1984 69-0228 (1-S)
- 1 - The parties agree to- modify as follows the provisions constituting collec­tive agreements binding, for the period from April 2, 1983 to December 31, - 1985, the schoed boards for Protestants and the Syndicat des employés pro­fessionnels et de bureau, section locale 57, on behalf of the support staff employees of school boards and,on behaif of those it represents as bargain­ing agent on November 29, 1982, the foregoing in accordance with and by virtue of clause 2-2.04. 1. The following Appendix V is added: If the board grants a sabbatical leave with deferred'salary in accor­dance with 7-3.15E), the following contract shall be concluded between the board and the employee. However, before the board signs such a contract with an employee, it must inform the union - of the name of the employee with whom it intends to conclude such a contract at least ten (10) working days in advance. CONTRACT CONCLUDED BETWEEN THE SCHOOL BOARD HEREINAFTER CALLED THE BOARD AND SURNAME: GIVEN NAME: ADDRESS: HEREINAFTER CALLED THE EMPLOYEE
- 2- SUBJECT: Sabbatical Leave with Deferred Salary. Duration of Contract This contract shah l corne lnto force on and shahl expire on The contract may expire on a different date in the events and according to the terms and conditions provided for in.articles V to XI herein. Duration of Sabbatical Leave The sabbatical leave shah l be for one (1) year from to Upon the employee's return from the leave, he shah l be reinstated in his/position. If his position has been eliminated or if he has been displaced in'accordance with the collective agreement, the employee shah l be entitled to the benefits that he would have had if he had been at work. Salary During each of the years contemplated by this contract, the employee shah l receive of the salary to which he would be entitled by virtue of the applicable collective agreement. (The apPlicable percentage is indicated in Appendix I herein.) Benefits a) During each of the years of this contract, the employee shalt receive, as long as he is normally entitled to them, ,the following benefits: death benefit plan; health benefit plan; provided that he pay his contribution; accumulation of redeemable sick-leave, where applicable, according to the salary rate to which he is entitled by ,vir- tue of the preceding article III; accumulation of seniority; accumulation of experience.
3 IV- (Cont'd) During the sabbatical leave, the employee shah l not be entitled to any of the premiums provided for in his collective agreement. During each of the other years of this contract, he shah l be enti­tled to ail of these premiums, where applicable, without taking into account the decrease in bis salary by virtue of article III-. For vacation purposes, sabbatical leave shall constitute active service. It shall be understood that, for the duration of the con­tract, including the sabbatical leave, vacation shah l be remuner­ated in proportion to the salary rate provided for in article III­herein. Eacti of the years contemplated'by this contract shah l count 'as a period of service for the purposes of the pension plans presently in force. During each of the years contemplated by this contract, the em­ployee shah l be entitled to ail of the other benefits of.his col­lective agreement which are flot. incompatible with the provisions of this contract. V- Retirement, Withdrawal or Resignatibn of the Employee In the event of the retirement, withdrawal or resignation of the em­ployee, this contract shall terminate on the date of such retirement, withdrawal or resignation under the conditions described hereinafter: The employee bas àlready benefitted from a sabbatical leave (salary paie in excess). The employee shah l reimburse* the board for the amount received during the leave according to the percentages determined in Appen­dix II- herein and this, without interest. However, these percen­tages will have to be adjusted in order to take into account, where applicable, the exact period of implementation of the contract. The employee bas not * benefitted from a sabbatical leave (salary not paid). * The board and the employee may agree on the terms and conditions of reim­bursement.
- 4- (Cont'd) The board shah l reimburse the employee, for the period of implemen- . tation of the contract, an amount eqùal to the difference between the salary to which he would have have been entitled under the applicable agreement had he not signed the said contract and the salary received by virtue of this contract and this, without interest. C) The sabbatical leave is in progress. The amOunt owing by one party or the other shah l be éalculated in the following manner: Amount received by the employee during the leave minus the amounts already deducted from the . employee's salary following the applica­tion of this contract (article III-). If the result obtained is negative, the board shah l reikburse this amount to the employee; if the result obtained is positive, the employee shall reimburse this amount to the board. Dismissal of the Employee In the event of the dismissaL of the employee, this contract shah l ter­minate on the effective date of ttie'event. The conditions stipulàted in paragraphs A), B) or C) of article V- shah l then apply. Leave of Absence Without Salary For : the duration of this contract, the employee shah l flot be entitled to any leave of absence without salary excePt those granted obligato­rily under the applicable collective agreement. In this case, this contract shah l terminate on the date of the beginning- of the leave without salary. The conditions stipulated in article V- shah l apply mutatis mutandis. VIII-Placement on Availability of the Employee In the event of the placement on availability of the employee, this contract .shah l terminate on the effective date of the placement on availability and the provisions of article V- shah l apply mutatis mutandis. However, the board shah l flot make any monetary claim, if the employee is required to reimburse the board following . the application of the said article V-.
r 5 - VIII-(Cont'd) However, if the employee is placed on àvailability during the last year of thisi contract and at the time when he is placed on availability he benefits from his sàbbatical leave (sabbatical leave taken in the last year of the contract) such employee'may choose to terminate his sabbat­ical.leave rather than have this contract terminated in accordance with the preceding paragraph. Death of the Employee In the event death of the employee during this contract, the latter shah l terminate on the date of death and the conditions stipu­lated in article V- shall àpply'mutatis mutandis. However, the board shah l flot make any moneta-ry claim, if the employee must reimburse the board following the application of the said article V-. Disability A) The employee shall receive a percentage of the income benefit to which he is entitled under the applicable collective agreement equal to the percentage of salary that he receives under article III- of this contract. B) The disability develops before the sabbatical leave and still exists at the beginning of the sabbatical leave. In this case, the employee shall choose: to defer the sabbatical leave to a later date at which time he will no longer be disabled; to terminate this contract and thus receive the salary that has flot been paid (paragraph B) of article V-. C) The disability hasts more than two (2) years. At the end of these two (2) years, this contract shah. terminate 'and the conditions stipulated in article V- shall then apply mutatis mutandis. However, the board shall not make any monetary claim, if the employee is required to reimburse the board following the application of the said article V-.
- 6 - XI- Maternity Leave (20 weeks) and ,Leave for Adoption (10 weeks) The leave takes place during the sabbatical leave. The sabbatical leave shah l be interriipted for the duration of the maternity leave or the leave for ,adoption provided for in the applicable collective agreement s and shah l be extended 'accordingly following thé termination of such leave; moreover, the cpntract shah l also be extended accordingly. During the 'interruption, the provisions of the applicable collective agreement çoncerning maternity leaves or leaves for adoption shall apply. The leave takes place before and terminates before the sabbatical leave or takes place after the sabbatical leave. The contract shah l be interrupted for the duration of the maternity leave or the leave for adoption and shah l be extended accordingly / following its termination. During the interruption,-the provisions of the applicable collective agreement concerning maternity leaves or leaves for adoption shah l apply. The leave takes place before the sabbatical leave and is still, taking place at the beginning of the sabbatical leave. In this case, the employee'shall choose: ,i) to defer the sabbatical leave to another date; or ii) to terminate this contract and thus receive the salary that has 'not been paid (paragraph B) . of article V-). IN WITNESS WHEREOF, the parties have signed in ' , this day of . the month of 198 . For ,the school board The Employee C.C.; Union.
7 APPENDIX I PERCENTAGES In the case of a two (2) year contract, the percentage shah l be fifty (50) % of the salary. In the case of a three (3) year contract, the percentage shah l be sixty-six and two-thirds (66 2/3) % of the sala'ry. In the case of a four (4) year contract, the percentage shah l be seventy-five (75) % of the salary. In thè case of a five'(5) year contract, the percentage shah l be eighty (80) % of the salary.
-8 APPENDIX II REIMBURSEMENT SCHEDULE For a five (5) year contract After the first (1st) year of implementation of the contract: one hun- dred (100) % of the amount received. After the second (2nd) year of implementation of the contract: seventy-five (75) Z of the amount received. , After the third (3rd) year of Implementation of the contrct: fifty (50) Z of the amount received. After the fourth (4th) year of Implementation of the contract: twenty-f ive (25) % of the amount received. 'For a four (4) year contract After the first (lst) year of implementation of the contract: one hun­dred (100) Z of the amount received. After the second (2nd) year of implementation of the contract: sixty-six and two-thirds (66 2/3) % of the amount received. After the third (3rd) year of implementation of the contract: thirty-three and one-third (33 1/3) % of the amount received. For a three (3) year contract After the first (lst) year of implementation of the contract: one hun­dred (100) % of the amount received. After the second (2nd) year of Implementation of the contract: thiriy-Éhree and one-third (33 1/3) % of the amount received. D) For a two (2) year contract After the first (lst) year of Implementation of the contract: one hun­dred (100) i of the amount received.
- 9- - 2. The following Appêndix "VI" is added: The board, the employee and a community organization may agree on a bar of service of a tenured regular employee td a community . organization if such measure permits the reduction of the number of employees on avail­ability. In such a case, the parties shall'complete ana sign the fol­lowing contract. However, before the board signa such a contract vitt an employee and a community organization, it must inform the union of the name of the employee with whom it intends to conclude such , a con­tract'at least ten (10) working days in advance. CONTRACT CONCERNING A LOAN OF SERVICE BETWEEN THE SCHOOL BOARD, THE EMPLOYEE AND THE COMMUNITY ORGANIZATION' The organization shah l engage the services of the employee for the purposes of this contract for the period from 198 to 198 The employee shah l benefit, for the duration of this contract, from a leave of absence with salary, including premiums for regidnal dis­parities if he continues to work in one of the sectors prnvided for in article 6-9.00 of the collective agreement, the foregoing in accordance with the terms and conditions of reimbursement specified by bis board. The employee accepts that the provisions Concerning the paid holi­days, workdays, work schedule, vacation and overtime that are appli­cable to him during the period covered by this contract be those specified within the organization for the group of employees into which he is integrated. If the employee must work overtime, the cost shah l be assumed by the organization. The employee shah l be entitled, for the duràtion of this contract, to the benefits s that he would have under his collective agreement if he were actually in the employ of his board, provided that they be compatible with his new working conditions and the provisions of this contract.
- 10- Concordant Provisions: If, during the ban of service, the number of paid holidays granted by the organization is less than that to which the employee is enti­tled under his collective agreement, the board shah l pay the latter the paid holidays thus lost according to thé provisions of the collective agreement. If the employee, as a résult of this contract, is,unable to use all the days of vacation specified in his collective agreèment, the days of vacation thus lost shah l be remitted upon bis return to the board in accordance with the collective agreement. The organization shah, for the/ duration of this contract provided. for in article 1., reimburse the board on a m9nthly basis fifty (50) Z of the employee's salary including, if need be, the premiums for regional disparities as billed monthly by the school board. Failure on the part of the organization to pay the amounts indicated in article 5. within the time allotted, this contract shah l be cancelled automatically and the emPloyee shah l return to the service of the board. One of the parties may terminate this contract upon a ten (10) day writ­ten notice to the other two (2) parties. Upon the employee's return to the board, the employee shah l be rein­stated in his position. If bis position bas been eliminated or if he is . displaced in accordance with the collective agreement, / the employee shah l be entitled to the benefits that he would have had if he had been in service.
9. This contract may be extended following an agreement betWeen the parties. IN WITNESS WHEREOF, the parties have signed in , this day of the ménth of , 198 . For the school board For the organization. (naine) (address) 'The Employee C.C.: Union.
- 12 - This entente shah l corne into force on the date of its signature by the parties. IN WITNESS WBEREOF, the parties have signed in Québec, this 28th day of the month of February 1984. FOR THE CPNCP FOR THE SYNDICAT *DES EMPLOYÉS 1 PROFESSIONNELS:ET DE BUREAU, .SECTION LOCALE 57 (signed) Robin Drake President , (signed) Georges-Noël Fortin Vice-president (signed) (signed) Robert Mainville Jacques Sztuke Spokesman Spokesman
FTQ-57 PROTESTANT ENTENTE BY VIRTUE OF CLAUSE 2-2.04 OF THE PROVISIONS CONSTITUTING COLLECTIVE AGREEMENTS BINDING ON THE ONE RAND: EACII OF THE SCHOOL BOARDS FOR PROTESTANTS GONTEMPLATED BY CHAPTER 0-7.1 OF TUE REVISED STATUTES OF 'QUÉBEC AND ON THE OTHER HAND: THE SYNDICAT DES EMPLOYÉS PROFESSIONNELS ET DE BUREAU, SECTION LOCALE 57, ON BEHALF OF THE SUPPORT STAFF EMPLOYEES OF SCHOOL BOARDS AND ON BEHALF OF THOSE IT REPRESENTED AS BARGAINING AGENT ON NOVEMBER 29, 1982 November 19,.1984 69-0228 (2-S)
1 The parties agree to modify as follows the provisions constitutIng collective agreements binding, for the period from April 2, 1983 to December 31, 1985, the school boards for Protestants and the Syndicat des employés professionnels et de bureau, section locale 57, on behalf of the support staff employees of school boards and on behalf of Chose it represents as bargaining agent on November 29,,1982, the foregoing in accordance with and by virtue of clause 2-2.04. I. Clause 5-3.14 is modifie(' by replacing the third paràgraph by the following: "3- the union party shah': renounce the setting up of a shared-cost long-term income benefit plan. The parity committee shah l have . available, within the framework of clause 5-3.20, and for each of the calendar years of this agreement, a total amount equal to . the actuariel reductien invelved in the integration of the basic benefits of the Automobile Insurance Plan of Québec int*, the basic income benefit plan. Such actuariel reduction shah l be determined by . the two parties to the committee.. Failing an agreement between the parties, an actuary chosen by'the parties must determine the amount. 4- Moreover, the parity committee shah l have avouable, within the framework of clause 5-3.20,a total amount equal ro the value, for the period from July 1, 1980 to December 31, 1982, of the actuariel reduction involved in the integration . of the baste benefits of thé Automobile Insurance Plan of Québec into the basic income benefii plan. Such actuariel reduction shah l be determined by the two parties to the committee. .Failing an agreement between the parties, an actuary chosen by the parties must determine the amount. Sdch amount shall be paid to the parity committee in three (3) testaments: a).one third (1/3) of the amount shall be paid to the parity tommittee on or before October 1, 1984; b) one third (1/3) of the amount shall be paid to the . parity committee on or before July 1, 1985; c) and one third (1/3) of the amount shall be paid to the parity commit . t e . e on or before December 31, 1985." This entente shah l corne into force on the date of its signature by the parties.
- IN WITNESS WHEREOF, the parties have signed in Montréal on this 17 day of November 1984. FOR.TRE CPNCP 0 (signed) Alan David, president (signed) Claude Lamoureux, vice-president (signed) Robert Nainville, spokesman -2- , Ath FOR THE SYNDICAT DES EMPLOYÉS PROFESSIONNELS ET DE BUREAU, SECTION LOCALE 57 (signed) Michel Lajeunesse, spokesman
 Vous allez être redirigé vers la version la plus récente de la loi, qui peut ne pas être la version considérée au moment où le jugement a été rendu.