Collective Bargaining Committee
Terms of Reference
Hastings-Prince Edward Teacher Local
amended November 28, 2011
1.01 The Collective Bargaining Committee (CBC) represents the Teacher Bargaining Unit composed of the Local and all members employed by the Hastings and Prince Edward District School Board, for the purpose of negotiations with Hastings and Prince Edward District School Board. The Committee shall hereinafter be called the CBC.
2.01 “Committee” means the Collective Bargaining Committee of the Local.
2.02 “Teacher” means a teacher employed by the Board to teach, but does not include a supervisory officer, a principal, a vice-principal, or an instructor in a teacher-training institution.
2.03 “Union” means the Elementary Teachers’ Federation of Ontario.
2.04 “Teacher Bargaining Unit” means a bargaining unit composed of every teacher, other than occasional teachers, who is assigned to one or more public elementary schools or to perform duties in respect of such schools
2.05 “Local” is a certified group of members (i.e. Hastings-Prince Edward ETFO Local, organized under the Ontario or Canada Labour Relations Act.
2.06 “Bargaining Agent” is the Union.
2.07 “Executive” means the elected representatives of the Hastings-Prince Edward Local.
3.00 Composition and Terms of Office of the CBC
3.01 The CBC shall consist of a maximum of twelve (12) members including five (5) regional representatives, the Local President or designate, the Local Vice-Presidents, the Local Treasurer, and additional members, approved by the Executive, to provide equity in terms of experience and gender.
3.02 CBC membership shall continue until a written resignation has been submitted to the Chair of the CBC, or until a new CBC has been formed to replace the current CBC, or until a member is replaced according to Bylaw 4(d) of the Local Constitution.
4.00 Internal Organization
4.01 Meetings of the CBC shall be called and chaired by the Chief Negotiator.
4.02 At the inaugural meeting, the Committee shall elect from within its own body, the following officers:
4.03 The Chief Negotiator shall be one of the Released Executive Members.
4.04 The Negotiating Team shall consist of the three Released Executive Members, the Provincial Executive Assistant, and one additional Committee member elected by the Committee.
5.00 Procedure of Resignation from the CBC
5.01 All resignations should be made in writing to the Local Executive. A copy of the resignation should be sent to the Chair of the CBC.
5.02 If a vacancy occurs, the Local President may appoint a temporary replacement with confirmation to the Executive at their next meeting. The CBC may reassign responsibilities in the event of a resignation, in order to continue its business.
6.00 Roles and Responsibilities of the CBC
6.01 Members of the CBC shall reflect the policies of the Bargaining Agent.
6.02 Each member of the CBC should be familiar with the contents of the Collective Agreement and the current ratified Terms of Reference for the CBC.
6.03 The Committee shall negotiate directly with the Hastings and Prince Edward District School Board in matters related to the Collective Agreement on behalf of the Teacher Bargaining Unit.
6.04 The Committee shall review written requests for amendments to the Collective Agreement.
6.05 The Committee shall accept or reject or modify written requests.
7.01 Due to the sensitive nature of negotiations, all Executive and CBC members must maintain confidentiality on all matters until it is agreed by the Committee to divulge specific information.
7.02 News releases and other prepared information releases directly related to negotiations shall only be released with the full approval of the Chair of the CBC and the Local President. The Local ETFO President is the official spokesperson for the Local.
8.00 Duties of Members of the CBC
8.01 The Chair/Chief Negotiator shall:
Call all meetings.
Conduct all meetings according to the official Robert’s Rules of Order.
Authorize all correspondence and communication relating to the CBC.
Be the official contact for the CBC.
With the Local President and the Communications Officer, be responsible for preparation and distribution of correspondence to the membership.
8.02 The Vice-Chair shall:
1. Work in cooperation with the Chair.
2. Fulfill the obligations of the Chair in the absence or resignation of the Chair.
3. Notify absent Committee members of the next meeting.
8.03 The Secretary shall:
1. Keep the complete record of all meetings of the Committee.
2. Distribute the minutes of all meetings to each member of the Committee.
3. Carry on the correspondence of the Committee.
8.04 The Communications Officer shall:
1. With the Chair and the Local President, be responsible for the preparation and distribution of communications to the membership.
9.01 The Local is responsible for the financial costs incurred by members of the current CBC.
10.01 The Union, the Local, and all members of the bargaining unit are responsible for carrying out negotiations in accordance with The Education Act and its regulations, the Labour Relations Act, and the policies, procedures, and directives of the Union which is the designated bargaining unit.
10.02 The quorum for a meeting of the CBC shall be greater than 50% of the Committee membership.
11.00 Delegated Bargaining
11.01 Preliminary Submission
11.01.01 The Preliminary Submission shall be prepared by the Committee in accordance with provincial policies, directives, and guidelines.
11.01.02 The Local President shall send the Preliminary Submission to the Union for amendment, comment, and approval prior to presentation to the membership.
11.01.03 The Preliminary Submission must be endorsed by the membership before being submitted to the Board.
11.02 Tentative Agreement
11.02.01 Any Tentative Agreement must be approved by the Union.
11.02.02 The membership shall have the opportunity to vote on the Tentative Agreement according to the following process:The CBC will present the approved Tentative Agreement to the general membership at one or more all-member information meeting(s). Voting to ratify the Tentative Agreement shall take place at the general meeting(s).
11.03 Ratified Agreement
11.03.01 The new Collective Agreement shall be signed by the Local President, the Local Chief Negotiator, and the Provincial Executive Assistant.
11.03.02 A signed copy of the Collective Agreement shall be forwarded to the Union and the Ministry of Labour.
12.00 Provincial Takeover
12.01 In the event negotiations move to Provincial Takeover, the guidelines of the Provincial Takeover Memorandum shall prevail.
12.02 The reference material for Provincial Takeover shall be The Negotiating Procedures for Teacher Bargaining Units of ETFO (November 2001) or any subsequent version approved by the Union.