Bargaining

Fail-to-Fill Protocol

The following is the WRDSB Teacher Fail-To-Fill Protocol which has been shared with all elementary administrators by Human Resources.

WRDSB Fail-To-Fill Protocol

The teacher(s) who were required to use their planning time to assist with the fail-to-fill are to be paid back the time.

Teacher(s) are to be given 48 hours notice as to when the payback will occur.

Every effort should be made to pay back within 20 school days.

Principals are to avoid Mondays and Fridays when making arrangements for payback.

Should any teacher(s) lose planning time, as a result of a fail-to-fill, not be paid back within 20 days, please contact the ETFO Office.

Teacher Fail-To-Fill Information

In a fail-to-fill situation, the administration can reassign a teacher to cover the absence of another teacher. The administration has two options.

1. Look to see when all teachers in the school have planning time and reassign a different teacher each period to cover the Fail-To-Fill. Teachers who lose their planning time will have their planning time paid back.

2. Reassign the same (e.g., the planning time teacher) teacher to cover the Fail-To-Fill, however, this can result in canceling of programming (e.g., music, French, etc.). Teachers who lose their planning time will have their planning time paid back.

We are aware that in some schools the administration “cancels” Special Education and/or ESL and utilizes the Special Education and/or ESL teacher to cover the fail-to-fill. When Special Education and/or ESL programming is canceled, it still needs to be paid back and the board must still arrange for OT coverage to provide the payback at a later date. If this did not happen, it would be an incentive for canceling special education in such situations. There is no incentive to do this. Should the administration cancel Special Education and or ESL, the staff should be able to provide input as to how the Special Education and/or ESL programming time will be paid back. This unique payback discussion often happens at a staff meeting.

Planning Time Payback Clarification

Teachers are not required to plan for their planning time payback.

This is the reason teacher(s) are to be given 48 hours notice as to when the payback will occur. Teachers can then provide the administration with the subjects/topics that the occasional teacher will be covering during the payback so that the occasional teacher can plan accordingly.

It is best that this information is shared directly with the administration who can then share with the occasional teacher. This eliminates having one teacher directing another teacher- let the administration do this.

Generally speaking, most teachers plan for the planning time payback although they are not required to do so.

DECE & EA fail-to-fill Information

Both the Board and ETFO are well aware of the DECE and EA fail-to-fill issues and the inconvenience it has on programming and students.

When a fail-to-fill involves a DECE or EA, the Board will offer the opportunity to an Occasional Teacher. If an Occasional Teacher accepts a job as an EA or DECE, he/she is only paid at the rate for an Occasional DECE or EA. Secondly, if an Occasional Teacher decides to accept Occasional EA or Occasional DECE work within the school board, the ETFO Occasional Teachers' Union cannot provide any legal support and legal advice to their members.

The fail-to-fill situation is a challenge, as one can not expect a classroom program to operate the same with one less staff member. When there is a fail-to-fill, the Board does not expect programming to be "normal" and one would hope that administration shares the same view.

When an EA is part of a safety plan, it is the administration's responsibility to ensure that the safety plan can still be enforced in absence of the EA. When an EA is required for toileting, it is the administration's responsibility to ensure that toileting occurs. It is not the teacher's responsibility to toilet students in the absence of an EA.

A fail-to-fill, that involves an EA or DECE, should not impact a teachers ability to have a 40-minute uninterrupted lunch. It should not increase a teachers supervision time or reduce the amount of planning time a teacher is contractually entitled to. If this occurs, please contact the ETFO office.

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