Common use of Employee Protection Clause in Contracts

Employee Protection. A. The District shall legally defend an employee in civil actions which are alleged to have been caused in whole or in part by the employee while performing or failing to perform assigned duties as an employee of the District under the provisions of the District's liability policy. Said liability policy shall be maintained at least at the dollar coverage provided on the effective date of this Agreement. When determined by a court of competent jurisdiction an employee is found to have committed gross negligence, a violation of law, or has committed a criminal act this provision is nullified and the employee is responsible for all the employee's legal and liability costs associated with the above civil action. B. Any case of assault or battery upon an employee during working hours shall be promptly reported to the District Administration Office or its designated representative. The District shall assist the certificated employee in handling the incident by law enforcement authorities. C. The District shall provide employee protection through employee injury insurance as provided by law. Additionally the District shall provide personal property protection to the extent of $1,000 per employee for each claim. This protection will apply when damage occurs to an employee's property when engaged in the maintenance of (1) order and (2) discipline and (3) the protection of school personnel and the property thereof when that is deemed necessary by the employee. D. Whenever an employee is absent from employment and unable to perform duties as a result of personal injury sustained in the course of employment, said employee shall be entitled to use accumulated sick leave. In the event the employee acquires Industrial Insurance Benefits in the form of time-loss payments, the employee shall have the option of having sick leave benefits provided on a pro rata basis so that the combination of time-loss payments and sick leave benefits will equal the employee's base and TRI salary (under no combination of the above shall an employee be paid greater than their current salary amount), or said employee may choose to utilize full accumulated sick leave before accepting time-loss payments. Under the first option, deductions from accumulated sick leave will be made on the same pro rata basis. Upon exhaustion of sick leave, said employee shall be entitled to leave without pay (except for any Xxxxxxx'x Compensation Award) for the balance of the school year, and then shall be entitled upon verification by a physician of the employee's ability to perform to return to service by the immediate beginning of the following school year. E. During the term of this Agreement, the District will make a reasonable effort to provide each employee a safe and secure place for his/her personal belongings. This may include a desk, locker, storage cabinet, closet, or file drawer, which can be locked.

Employee Protection. A. The District shall legally defend an employee in civil actions which are alleged to have been caused in whole or in part by the employee while performing or failing to perform assigned duties as an employee of the District under the provisions of the District's liability policy. Said liability policy shall be maintained at least at the dollar coverage provided on the effective date of this Agreement. When determined by a court of competent jurisdiction an employee is found to have committed gross negligence, a violation of law, or has committed a criminal act this provision is nullified and the employee is responsible for all the employee's legal and liability costs associated with the above civil action. B. Any case of assault or battery upon an employee during working hours shall be promptly reported to the District Administration Office or its designated representative. The District shall assist the certificated employee in handling the incident by law enforcement authorities. C. The District shall provide employee protection through employee injury insurance as provided by law. Additionally the District shall provide personal property protection to the extent of $1,000 per employee for each claim. This protection will apply when damage occurs to an employee's property when engaged in the maintenance of (1) order and (2) discipline and (3) the protection of school personnel and the property thereof when that is deemed necessary by the employee. D. Whenever an employee is absent from employment and unable to perform duties as a result of personal injury sustained in the course of employment, said employee shall be entitled to use accumulated sick leave. In the event the employee acquires Industrial Insurance Benefits in the form of time-loss payments, the employee shall have the option of having sick leave benefits provided on a pro rata basis so that the combination of time-loss payments and sick leave benefits will equal the employee's base and TRI salary (under no combination of the above shall an employee be paid greater than their current salary amount), or said employee may choose to utilize full accumulated sick leave before accepting time-loss payments. Under the first option, deductions from accumulated sick leave will be made on the same pro rata basis. Upon exhaustion of sick leave, said employee shall be entitled to leave without pay (except for any Xxxxxxx'x Compensation Award) for the balance of the school year, and then shall be entitled upon verification by a physician of the employee's ability to perform to return to service by the immediate beginning of the following school year. E. During the term of this Agreement, the District will make a reasonable effort to provide each employee a safe and secure place for his/her personal belongings. This may include a desk, locker, storage cabinet, closet, or file drawer, which can be locked.

Employee Protection. A. The District shall legally defend an employee in civil actions which are alleged Board will provide employees insurance to have been caused in whole pay for loss or in part by the employee while performing or failing damage to perform assigned duties as an employee of the District under the provisions of the District's liability policy. Said liability policy shall be maintained at least at the dollar coverage provided on the effective date of this Agreement. When determined by a court of competent jurisdiction an employee is found to have committed gross negligence, a violation of law, or has committed a criminal act this provision is nullified and the employee is responsible for all the employee's legal and liability costs associated with the above civil action. B. Any case of assault or battery upon an employee during working hours shall be promptly reported to the District Administration Office or its designated representative. The District shall assist the certificated employee in handling the incident by law enforcement authorities. C. The District shall provide employee protection through employee injury insurance as provided by law. Additionally the District shall provide personal property protection to the extent of $1,000 per employee for each claim. This protection will apply when damage occurs to an employee's property when school employees engaged in the maintenance of (1) order and (2) discipline and (3) the protection of school personnel and students. In addition, the Board will continue employees as additional named insured on the District's liability and errors and omissions insurance programs. The scope of protection will not exceed the coverage purchased by the District and the property thereof thereof, when that is deemed necessary by such employees. In addition, the Board will continue employees as additional named insured on the District's liability and errors and omissions insurance programs. The scope of protection will not exceed the coverage purchased by the District, provided that should such coverage need to be decreased during the term of this Agreement, the District will first notify the Association so the matter can be discussed. The District will reimburse the employee for replacement of major items of approved personal property damaged beyond repair, destroyed or stolen, during the course of his/her regular employment, provided that such loss is not the result of the employee's failure to take reasonable preventative measures, that any personal property is necessary for the carrying out of the District's educational objectives, that the Principal has approved in writing the employee's utilization of his/her personal property to this endeavor, and further subject to the District's ability to obtain insurance for the same and to the provisions and limitations of said insurance. Reimbursements are subject to the following conditions: A. There must be filed with the District's business officer within twenty (20) days after damage or loss, a notice of loss and a claim for reimbursement, approved by the employee's immediate supervisor. D. B. Payment of claims* will be subject to the maximum reimbursement of $500.00 and the deductible of $100.00 per claim to be paid by the employee. *Depreciation factors will be taken into consideration by the insurance company in settling any claims. Whenever an employee is absent from employment and unable to perform duties as a result of personal injury sustained in the course of employment, said the employee will notify his/her supervisor. The employee shall be entitled informed of his/her right to use accumulated sick leaveindustrial insurance and workers' compensation as applicable. In the event the employee acquires Industrial Insurance Benefits in the form of time-loss payments, the employee shall have the option of having sick leave benefits provided on a pro rata basis so that the combination of time-loss payments and sick leave benefits will equal the employee's base and TRI salary (under no combination of the above shall an employee be paid greater than their current salary amount)If District selected head coaches, or said employee may choose in extraordinary circumstances their designees, are required to utilize full accumulated sick leave before accepting timeattend up to a half-loss paymentsday of training addressing safety and liability issues. Under the first option, deductions from accumulated sick leave This training will be made on scheduled prior to secondary coaching seasons. When such training is scheduled during the same pro rata basis. Upon exhaustion regular workday, coaches/advisors who are otherwise employees of sick leave, said employee shall be entitled to leave without pay (except for any Xxxxxxx'x Compensation Award) for the balance of the school year, and then shall be entitled upon verification by a physician of the employee's ability to perform to return to service by the immediate beginning of the following school year. E. During the term of this Agreement, the District will make a reasonable effort be provided release time. The District will determine which non-athletic advisors, if any, will be required to provide each employee a safe and secure place for his/her personal belongings. This may include a desk, locker, storage cabinet, closet, or file drawer, which can be lockedattend said training.

Employee Protection. A. Section 9.1 The District shall legally defend an employee in civil actions which are alleged to have been caused in whole or in part by the employee while performing or failing to perform assigned duties as an employee of the District under the provisions of the District's liability policy. Said liability policy shall be maintained at least at the dollar coverage provided on the effective date of this Agreement. When determined by a court of competent jurisdiction an employee is found to have committed gross negligence, a violation of law, or has committed a criminal act this provision is nullified and the employee is responsible for all the employee's legal and liability costs associated with the above civil action. B. Any case of assault or battery upon an employee during working hours shall be promptly reported to the District Administration Office or its designated representative. The District shall assist the certificated employee in handling the incident by law enforcement authorities. C. The District shall provide employee protection through employee injury insurance as provided by law. Additionally the District shall provide personal property protection to the extent of $1,000 per employee for each claim. This protection will apply when damage occurs to an employee's property when engaged in the maintenance of (1) order and (2) discipline and (3) the protection of school personnel and the property thereof when that is deemed necessary by the employee. D. Whenever an employee is absent from employment and unable to perform duties as a result of personal injury sustained in the course of employment, said employee shall be entitled to use accumulated sick leave. In the event the employee acquires Industrial Insurance Benefits in the form of time-loss payments, the employee shall have the option of having sick leave benefits provided on a pro rata basis so that the combination of time-loss payments and sick leave benefits will equal the employee's base and TRI salary (under no combination of the above shall an employee be paid greater than their current salary amount), or said employee may choose to utilize full accumulated sick leave before accepting time-loss payments. Under the first option, deductions from accumulated sick leave will be made on the same pro rata basis. Upon exhaustion of sick leave, said employee shall be entitled to leave without pay (except for any Xxxxxxx'x Compensation Award) for the balance of the school year, and then shall be entitled upon verification by a physician of the employee's ability to perform to return to service by the immediate beginning of the following school year. E. During the term of this Agreement, the District will make a reasonable effort to improve the supervision of students on playgrounds and in lunchrooms by the more efficient scheduling of Organization members. Questions relating to health and safety should be referred to the building Safety Committee for action. APEO/A5D 2020-2022 Collective Bargaining Agreement Page9of 25 Section 9.2 The District will provide one and if needed additional portable telecommm1ications devices per building for outside supervision.. Section 9.3 The Employer will provide an emergency "Medical Pack" for each Para-Educator with outside supervision that shall include, but not be limited to, the following: one (1) pair rubber gloves, one (1) plastic bag, one (1) compress, Kleenex tissues, bee sting "sooth-a-sting", Band-Aids in assorted sizes, sterile wipes and a whistle. Section 9.4 The Board agrees to provide insurance which shall hold employees harmless and defend them from any financial loss to the limits described below, including reasonable attorney's fees for actions arising out of any claim, demand, suit, or judgment by reason of any negligent act or failure to act by such employee, within or without the school building, provided such employee a safe and secure place for at the time of the act or omission complained of, was acting in good faith within the scope of his/her employment or under the direction of the Board, and has not been guilty of gross negligence or an intentional tort in such act or failure to act. The Anacortes School District will provide its' employees the following insurance with regard to the above matters: A. Personal injury liability in the amount of $100,000 per individual and $300,000 per occurrence. B. Personal property damage liability in the amount of $300,000. C. Replacement of any clothing or other personal belongingsproperty damaged, destroyed or stolen while engaged in the maintenance of order, discipline and protection of school personnel, students or property during the course of their employment up to the amount of $500, with $10.00 deductible. D. The District will provide additional insurance for employees which maintains 100% of the employee's pay for up to one (1) year post-injury due to student action. Section 9.5 Unsafe or hazardous working conditions shall immediately be reported to the employee's immediate sppervi�or. This l)qgµm�ntati<?I! 9fp�r� injury will.�� cc'd �o :APEO president. Section 9.6 Employees may include use reasonable measures with a deskstudent, locker, storage cabinet, closetpatron, or file drawerother person as is necessary to protect him/herself, which can a fellow employee, a teacher, an administrator or another student from attack, physical abuse or injury, or to prevent damage to District property. Section 9.7 No employee shall be lockedrequested or required to dispense or administer medication m1less in accordance with most recently updated District policy. The Principal or designee in each school will review applicable policies and procedures with any Para-Educator required to dispense medication in each individual case.

Employee Protection. A. The District shall legally defend an employee in civil actions which are alleged to have been caused in whole or in part by the employee while performing or failing to perform assigned duties as an employee of the District under the provisions of the District's liability policy. Said liability policy shall be maintained at least at the dollar coverage provided on the effective date of this Agreement. When determined by a court of competent jurisdiction an employee is found to have committed gross negligence, a violation of law, or has committed a criminal act this provision is nullified and the employee is responsible for all the employee's legal and liability costs associated with the above civil action. B. Any case of assault or battery upon an employee during working hours shall be promptly reported to the District Administration Office or its designated representative. The District shall assist the certificated employee in handling the incident by law enforcement authorities. C. The District Board shall provide employee employees with insurance protection through employee injury insurance as provided by law. Additionally providing coverage for those employees acting in good faith within the District shall provide personal property protection to the extent scope of $1,000 per employee for each claim. This protection will apply when damage occurs to an employee's property when their duties while engaged in the maintenance of (1) order and (2) discipline and (3) or the protection of school personnel personnel, students and property. Such insurance protection will include liability insurance covering injury to persons and property, and insurance protecting those employees from loss or damage of their personal property incurred while engaged in good faith fulfillment of their job duties or other duties assigned by the employer which may be outside the employee’s area of expertise or licensure. Each employee is obligated to pay the first $1000.00, as a deductible, for each personal property thereof when loss or damage claim. B. When absence or disability arises out of or from an assault sustained by an employee while performing in good faith duties within the scope of the employee’s job duties, employees shall be entitled to utilize their sick leave or annual/vacation leave balances to offset any reduction in wages or benefits that is deemed necessary would otherwise be incurred by the employee due to the amount of xxxxxxx’x compensation awarded. In the event that an employee exhausts his or her sick and annual/vacation leave, the employee shall not be entitled to any additional compensation or benefits in excess of xxxxxxx’x compensation. C. In the event that criminal or civil charges are brought against employees for actions performed in good faith and within the scope of their job duties, the district shall, at the employer’s option, either provide legal counsel to act in the employee’s defense or reimburse the employee for reasonable legal fees incurred in defense of the employee. D. Whenever Employees will not be requested or required to perform any duty normally performed by a certificated employee or requiring a teaching certificate. E. Employees may use reasonable measures with a student, patron, or other person as is necessary to protect him/herself, a fellow employee, a teacher, an administrator or another student from attack, physical abuse or injury, or to prevent damage to District property. Such incidents shall be reported immediately to the direct supervisor. No employee is absent from employment and unable normally expected to perform duties as intervene in a result physical altercation, but shall call the police for assistance. F. No employee shall be requested or required to dispense or administer medication unless in accordance with the most recently updated Washington State law. Employees shall not be requested or required to insert catheters to any student. G. In the event any insurance carrier for the District, under the terms of personal injury sustained this provision, is caused to legally satisfy any lawsuit or legal claim against any employee in the course of their regular employment, said such carrier is precluded from seeking legal recourse against any such employee shall by way of legal subrogation, assignment of claim or other legal means of redress. H. Employees will not be entitled required to use accumulated sick leave. In the event the employee acquires Industrial Insurance Benefits in the form of time-loss paymentssearch a student, the employee shall have the option of having sick leave benefits provided on a pro rata basis so that the combination of time-loss payments and sick leave benefits will equal the employeestudent's base and TRI salary (under no combination of the above shall an employee be paid greater than their current salary amount)possessions, or said employee may choose a student's locker. I. The Employer shall provide without cost to utilize full accumulated sick leave before accepting time-loss paymentsthe bargaining unit member the following: ⮚ Approved first aid kits and related materials in all work areas. Under the first option⮚ Adequate and approved safety equipment including, deductions from accumulated sick leave will be made on the same pro rata basisbut not limited to, goggles, xxxxxxx, barriers, hardhats, and auditory protection devices. Upon exhaustion of sick leave, said employee shall be entitled to leave without pay (except for any Xxxxxxx'x Compensation Award) ⮚ Other safety equipment as required by safety regulations. ⮚ Reimbursement for the balance cost of licenses or the school year, and then shall be entitled upon verification by a physician renewal of licenses required for the employee's ability bargaining unit member to perform to return to service by the immediate beginning of the following school year. E. During the term of this Agreement, the District will make a reasonable effort to provide each employee a safe and secure place for his/her personal belongings. This may include a desk, locker, storage cabinet, closet, job or file drawer, which can be lockedposition.

Employee Protection. A. The District shall legally defend an protect and hold personally harmless any employee in civil actions which are alleged to have been caused in whole from any action, claim or in part by the employee while performing or failing to perform assigned duties as an employee proceeding instituted against him/her arising out of the District under the provisions performance or failure of the District's liability policy. Said liability policy shall be maintained at least at the dollar coverage provided on the effective date performance of this Agreement. When determined by a court of competent jurisdiction an employee is found to have committed gross negligence, a violation of law, or has committed a criminal act this provision is nullified and the employee is responsible for all the employee's legal and liability costs associated duties in employment with the above civil actionDistrict and hold him/her harmless from any expenses connected with the defense, settlement or monetary judgment from such actions except in case of willful negligence. B. Any case of assault or battery upon an An employee during working hours shall be promptly reported to the District Administration Office or its designated representative. The District shall assist the certificated employee in handling the incident by law enforcement authorities. C. The District shall provide employee protection through employee injury insurance as provided by law. Additionally the District shall provide personal property protection to the extent of $1,000 per employee for each claim. This protection will apply when damage occurs to an employee's property when engaged in the maintenance of (1) order and (2) discipline and (3) the protection of school personnel and the property thereof when that is deemed necessary by the employee. D. Whenever an employee is absent from employment and unable to perform duties as who sustains a result of personal injury sustained in the course of employment, said employee employment shall be entitled receive his/her full District salary during the period of absence in an amount not to use exceed his/her accumulated sick leave. This shall be determined by first deducting the amount of any workmen’s compensation award made for the disability due to said injuries; PROVIDED THAT the difference between the amount of the employee’s salary and any workmen’s compensation award, if any, shall be charged to sick leave. In lieu of the event the employee acquires Industrial Insurance Benefits in the form of time-loss paymentsabove, the an employee shall have the option of having sick leave benefits provided on a pro rata basis so that the combination of time-loss payments and sick leave benefits will equal the employee's base and TRI salary (under no combination of the above shall an employee be paid greater than their current salary amount), or said employee may choose right to utilize full accumulated sick leave before accepting applying for or receiving time-loss payments. Under payments from industrial insurance. C. The Board shall reimburse the first optionemployee for replacement of major items of clothing, deductions from accumulated sick leave will be made on or approved personal property damaged beyond repair, destroyed or stolen, during the same pro rata basis. Upon exhaustion course of sick leavehis/her employment, said employee shall be entitled to leave without pay (except for any Xxxxxxx'x Compensation Award) for provided such loss is not the balance of the school year, and then shall be entitled upon verification by a physician result of the employee's ability ’s failure to perform to return to service by take reasonable preventive measures and provided that any personal property is necessary for the immediate beginning carrying out of the following school year. E. During District’s educational objectives, and provided that the term principal has approved the employee’s utilization of their personal property to this Agreementendeavor. Replacement shall be defined as depreciated value. If the employee makes claims under insurance coverage available to him/her individually or as an employee, the District obligation shall not exceed the difference between the depreciated value and an amount receivable through the employee’s homeowner’s insurance or other coverage. The District may at its discretion and sole cost, repair damaged items. D. The District will make a reasonable effort provide employees with equipment which the District requires employees to provide each utilize. The District will not hold employees responsible for loss or damage to such equipment when the employee a safe and secure place for his/her personal belongings. This may include a desk, locker, storage cabinet, closet, or file drawer, which can be lockedhas acted reasonably to safeguard such equipment.

Employee Protection. A. The District shall legally defend Society agrees to continue in effect during the term of this Agreement the present comprehensive liability insurance providing incidental professionalliability and other coverage at no cost to the employees or to provide comparable coverage with another carrier. This legal liability protection specifically includes the situation where an employee in civil actions which are or former employee who: is criminally charged for conduct alleged to have been caused in whole or in part occurred during the discharge of assigned duties as a Society employee, and is acquitted of the charges. Insurance protection will not require the payment of the deductible by the employee while performing or failing and will cover reasonable costs and expenses incurred directly in the defence of the criminal charges up to perform thousand dollars ($35,000). The Society agrees to pay all expenses for legal defence action that exceeds the insurance policy. is being sued in Civil courts for conduct alleged to have occurred during the discharge of assigned duties as an employee a Society employee. Insurance protectionwill not require the payment of the District under deductible by the provisions employee and will cover a reasonable costs and expenses incurred directly in the defence of the Districtcivil suit. Reasonable and expenses for employees not exonerated in civil court will be paid, provided they continue to be covered by the Society's liability insurance policy. Said liability policy shall be maintained at least at the dollar coverage provided on the effective date of this Agreement. When determined by a court of competent jurisdiction Where an employee is found subject to a discipline hearing before any administrative tribunal or disciplinary body external to the Society for conduct alleged to have committed gross negligence, a violation of law, or has committed a criminal act this provision is nullified and the employee is responsible for all the employee's legal and liability costs associated with the above civil action. B. Any case of assault or battery upon an employee during working hours shall be promptly reported to the District Administration Office or its designated representative. The District shall assist the certificated employee in handling the incident by law enforcement authorities. C. The District shall provide employee protection through employee injury insurance as provided by law. Additionally the District shall provide personal property protection to the extent of $1,000 per employee for each claim. This protection will apply when damage occurs to an employee's property when engaged in the maintenance of (1) order and (2) discipline and (3) the protection of school personnel and the property thereof when that is deemed necessary by the employee. D. Whenever an employee is absent from employment and unable to perform duties as a result of personal injury sustained occurred in the course of employmentauthorized duties providing child welfare services, said the Society will pay the reasonable costs for legal representation up to a limit of two thousand five hundred dollars ($2500) per occurrence, providedthat such money shall be repaid in the event the employee is not exonerated. Where an employee is being investigatedby the police for conduct alleged have occurred in the course of authorized duties providing child welfare services, the Society will pay the reasonablecosts for legal representation up to a limit of five thousand dollars ($5000) per occurrence, provided that such money shall be repaid in the event the employee is convicted. The employee and the Society will be entitled to review and jointly agree on the appointment of a solicitor to represent the employee from the list of the legal who provide civil litigation or defence of criminal charges for the insurance company. Should the employee elect legal counsel of his or her choice which is not on the approved list, the employee shall be entitled to use accumulated sick leaveresponsible for all legal costs. In the event the employee acquires Industrial Insurance Benefits in the form is convicted of time-loss paymentsa criminal charge, the Society reserves the right to recover all or any portion of the legal costs paid. The Society agrees that in situations where criminal charges have been laid against an employee shall have and on review the option of having sick leave benefits provided on a pro rata basis so Society is satisfied that the combination employee has carried out the Society’s mandate service in good faith, in a professional manner; and provided that the employee has not committed a serious breach or dereliction of time-loss payments and sick leave benefits will equal said duties responsibilities, the employee's base and TRI salary (under no combination of the above shall an employee be paid greater than their current salary amount), or said employee may choose to utilize full accumulated sick leave before accepting time-loss payments. Under the first option, deductions from accumulated sick leave will be made on the same pro rata basis. Upon exhaustion of sick leave, said employee shall be entitled to either: A leave of absence with full pay and benefits provided for under this Collective Agreement; or Another position which does not displace another employee and without pay (except for any Xxxxxxx'x Compensation Award) for change in pay, until the balance conclusion of the school yearlegal process, up to and then includingtrial. Seniority for all purposes shall continue to accrue during any such leave. The Union will be entitled upon verification by a physician provided with current copies of legal liability master insurance policies. The Union will be notified, in advance, of any change in the employee's ability to perform to return to service by the immediate beginning of the following school yearcarrier. E. During the term of this Agreement, the District will make a reasonable effort to provide each employee a safe and secure place for his/her personal belongings. This may include a desk, locker, storage cabinet, closet, or file drawer, which can be locked.

Employee Protection. A. The District Subject to the provisions outlined hereinafter, the Society shall legally defend an provide legal counsel and protection to employees and former employees except where providing such protection constitutes a conflict of interest. In the event there is a conflict of interest, the employee in civil actions which are alleged will be able to have been caused in whole or in part select a legal counsel from a list supplied by the employee while performing or failing to perform assigned duties as an employee of Society. The Society, the District under the provisions of the District's liability policy. Said liability policy shall be maintained at least at the dollar coverage provided on the effective date of this Agreement. When determined by a court of competent jurisdiction an employee is found to have committed gross negligence, a violation of law, or has committed a criminal act this provision is nullified insurance carrier (where applicable) and the employee is responsible for all shall endeavour to agree upon the identity of such counsel. In the absence of agreement, the choice of legal counsel shall be determined by the Society subject to the terms of any applicable insurance policy. 26.01 The Society shall provide legal counsel and protection to employees and former employees with respect to any civil proceeding, or who are subject to a hearing before any administrative tribunal or disciplinary body alleging improper conduct in respect of the employee's legal and liability costs associated with acts or omissions while acting for the above civil action. B. Any case of assault Society or battery upon an employee during working hours shall be promptly reported any alleged statutory breach (except any criminal charges referred to the District Administration Office in Articles 26.03 or its designated representative. The District shall assist the certificated employee in handling the incident by law enforcement authorities. C. The District shall provide employee protection through employee injury insurance as provided by law. Additionally the District shall provide personal property protection to the extent of $1,000 per employee for each claim. This protection will apply when damage occurs to an employee's property when engaged in the maintenance of (126.04 hereof) order and (2) discipline and (3) the protection of school personnel and the property thereof when that is deemed necessary by the employee. D. Whenever an employee is absent from employment and unable to perform duties arising as a result of, or during the performance of personal assigned duties. In the instance of a formal inquiry or inquest launched by the Office of the Coroner, any employee or former employee who is summonsed to give evidence shall be afforded representation by the Society's attending legal counsel. 26.02 Should an employee or former employee be: i) requested to meet or be interviewed by police, crown attorney, prosecutor or defence counsel, or ii) summonsed or subpoenaed to give evidence in connection with a criminal investigation or proceeding that is related to their child protection role and arises out of a serious injury sustained to, or death of a child (including an alleged homicide), the employee or former employee shall be afforded representation for that purpose by legal counsel qualified to advise on the matter selected by the Society after consultation with the Union. 26.03 In the event that an employee or former employee is interviewed, investigated or charged with a criminal offence or an offence carrying penal consequences arising as a result of, or during the performance of assigned duties (this may exclude charges laid under the Highway Traffic Act), and the Society provides the employee with legal counsel, the Society shall pay all legal costs (meaning reasonable lawyer's fees and disbursements) therefrom i) the charge arises directly out of events incurred while the employee was actively in the course of employmentperforming their duties in good faith on behalf of the Society and, ii) the employee was acquitted of all or any part of the charges and, iii) such acquittal of the charge or charges as laid was not affected by a plea or pleas by the employee to a lesser charge or charges. 26.04 In the event that criminal charges are laid against an employee or former employee arising as a result of, said or during the performance of assigned duties, and the Society elects not to provide the employee with legal counsel and/or the employee elects legal counsel of their choice, the employee shall be entitled to use accumulated sick leaveresponsible for all legal costs arising therefrom. In the event that the criminal charges are heard on the merits and there is an acquittal on the merits that has not been reversed on appeal, and on review the Society is satisfied that: i) the employee acquires Industrial Insurance Benefits has carried out the Society's mandate to provide child protection and/or service in good faith and in a professional manner; and ii) the form employee has not committed a serious breach or dereliction of timesaid duties and/or responsibilities; the Society shall re-loss paymentsimburse the employee for that part of legal costs that exceed the amount of coverage provided by the insurance carrier through the insurance policy on a party/party basis as a maximum. 26.05 The Society agrees that in situations where charges have been laid against an employee and on review the Society is satisfied that: i) the employee has carried out the Society's mandate to provide child protection and/or service in good faith and in a professional manner; and ii) the employee has not committed a culpable breach or dereliction of said duties and/or responsibilities; the Society agrees that the employee may be entitled to a leave of absence with pay and full benefits until the conclusion of the legal process up to and including trial. Seniority and service for all purposes shall continue to accrue during any such leave. Alternatively, the employee may be placed in another position, by mutual agreement, which does not displace another employee and without change in pay, until the conclusion of the legal process, up to and including trial. 26.06 It is further agreed that if upon completion of the trial of the criminal charges, there is a conviction and the employee or former employee elects to appeal the conviction and requests that the Society fund the legal expenses of the appeal, the Society agrees to undertake a review of the merits of the appeal and once that review is completed, the Society may elect to fund all or any portion of the appeal process. The Society's decision not to fund all or any portion of the appeal process shall not be the subject matter of a grievance and/or arbitration. 26.07 The Society agrees to pay the premium costs with respect to an insurance policy providing both civil and criminal liability coverage subject to the particulars as outlined in the Letter of Understanding - Liability Protection. The Society further agrees to provide the Local with a bona fide copy of the insurance policy which is in effect. 26.08 The Society will notify the President of CUPE Local 2190 or their designate regarding matters that may impact an employee's employment in the carrying out of their duties at the Society with respect to civil, tribunal, criminal charges or events such as lawsuit, inquest, child protection investigation involving a staff member in the course of their duties, criminal investigation of a worker, complaint from a professional College or a formal complaint to the Human Rights Tribunal. Within this context, the employee has the right to have the option President of having sick leave benefits provided on CUPE Local 2190 or their designate present at meetings related to the above. Collective Agreement 30.01 The following paragraphs and sections are intended to define the normal hours of work and shall not be construed as a pro rata basis so that the combination guarantee of time-loss payments and sick leave benefits will equal the employee's base and TRI salary (under no combination hours of the above shall an employee be paid greater than their current salary amount)work per day or per week, or said employee may choose to utilize full accumulated sick leave before accepting timeof days of work per week. 30.02 a) The normal work week for full-loss payments. Under the first option, deductions from accumulated sick leave will be made on the same pro rata basis. Upon exhaustion of sick leave, said employee time employees shall be entitled thirty-five (35) hours per week, Monday to leave without pay Friday, comprised of five (except for any Xxxxxxx'x Compensation Award5) for the balance of the school year, and then shall seven (7) hour days. Flexible working hours may be entitled upon verification by a physician of the employee's ability to perform to return to service arranged by the immediate beginning of Team Supervisor after consultation with the following school yearemployee concerned. E. During the term of this Agreement, the District will make a reasonable effort to provide each employee a safe and secure place for his/her personal belongings. This may include a desk, locker, storage cabinet, closet, or file drawer, which can be locked.

Employee Protection. A. 532 533 The District shall legally defend an employee in civil actions which are alleged to have been caused in whole or in part provide such insurance for the protection of its employees as is required by the employee while performing or failing to perform assigned duties as an employee of the District under the provisions of the District's liability policy. Said liability policy shall be maintained at least at the dollar coverage provided on the effective date of this Agreement. When determined by a court of competent jurisdiction an employee is found to have committed gross negligence, a violation of law, or has committed a criminal act this provision is nullified and the employee is responsible for all the employee's legal and liability costs associated with the above civil action. B. Any case of assault or battery upon an employee during working hours shall be promptly reported to the District Administration Office or its designated representativeRCW 534 28A.400.370. The District shall assist notify the certificated President of any changes in such insurance coverage. 535 536 An employee who is threatened with physical harm by any person or group while carrying out assigned 537 duties in handling a reasonable manner, shall immediately notify the incident by Superintendent and, if necessary, the 538 appropriate law enforcement authorities. C. The District authority. Immediate steps shall be taken by the Superintendent, in 539 cooperation with the employee, to provide employee protection through employee injury insurance as provided by lawfor the employee's safety. Additionally Precautionary measures for the District 540 employee's safety shall provide personal property protection be reported to the extent of $1,000 per employee for each claim. This protection will apply when damage occurs to an employee's property when engaged in the maintenance of (1) order and (2) discipline and (3) the protection of school personnel and the property thereof when that is deemed necessary by the employee. D. Superintendent at the earliest possible time. 541 542 Absence Due to On-The-Job Injury: Whenever an employee is absent from employment and unable to 543 perform his/her duties as a result of personal injury injuries sustained in the course of employment, said the District shall 544 grant the injured employee shall be entitled sick leave with pay for a period not to use accumulated exceed the amount of the employee’s 545 sick leaveleave account. In the event case of any injury which is covered by the State Xxxxxxx’x Compensation 546 Act, the District will pay to such employee acquires Industrial Insurance Benefits in the form available sick leave pay for the period of time-loss paymentsthe absence. 547 Upon receipt of State Labor and Industries insurance or trust providers payments for the applicable time 548 loss, the employee shall have the option of having sick leave benefits provided on a pro rata basis so that the combination of time-to endorse any and all such time loss payments and sick leave benefits will equal the employee's base and TRI salary (under no combination of the above shall an employee be paid greater than their current salary amount)payment checks, or said any 549 portion thereof, and present them to the District’s payroll office. If the employee may choose to utilize full accumulated sick leave before accepting time-loss payments. Under the first elects this option, deductions from accumulated sick leave will be made on the same pro rata basis. Upon exhaustion of sick leave, said employee shall be entitled to leave without pay (except for any Xxxxxxx'x Compensation Award) for the balance of the school year, and then shall be entitled upon verification by a physician of the employee's ability to perform to return to service by the immediate beginning of the following school year. E. During the term of this Agreement, 550 the District will make a reasonable effort then reimburse the employee’s sick leave account with hours or days equivalent to provide each 551 those which payment has been allowed by the provider. If the employee a safe choses to not endorse time 552 loss payment checks to the district, there shall be no restoration of sick leave lost. All other benefits such 553 as retirement, social security, and secure place for his/her personal belongingssalary placement shall be maintained by the District. This may include a desk, locker, storage cabinet, closet, or file drawer, which can be locked.554

Employee Protection. A. The District Section 1. Insurance coverage shall legally defend an employee be in civil actions which are alleged to have been caused in whole or in part accordance with that provided by the employee District’s insurance carrier. A. Employees are protected against claims for bodily injury or property damage arising out of an employee’s acts or omissions while performing or failing to perform assigned duties as in good faith acting within the scope of their employment. Actions “within the scope of employment” include the operation of an employee employee’s own vehicle when it is being operated with the consent of the District under the provisions of and while performing duties directed by the District's liability policy. Said liability policy shall be maintained at least at the dollar coverage provided on the effective date of this Agreement. When determined by a court of competent jurisdiction an employee is found to have committed gross negligence, a violation of law, or has committed a criminal act this provision is nullified and the employee is responsible for all the employee's legal and liability costs associated with the above civil action. B. Any case Employees entitled to recover damages which they incur to their person or property arising out of assault an unlawful act of another person when the employee’s injuries occur while he or battery upon she is acting within the scope of their employment. The act of maintaining order or of imposing discipline is an employee during working hours act within the scope of employment when it is being done at the direction of the District and within limitations imposed by the District. C. Employees who have the consent of the District to make use of individual personal property as a direct part of the instructional program shall be promptly reported protected against loss of such property on account of fire, theft or vandalism to a maximum amount of $1000.00. Employees shall register such property with the building principal to include its fair market value and have the principal’s initialed consent to use such property prior to its use. Personal property of a value of less than $25.00, which is lost on account of fire, theft or vandalism, shall be at the risk of the employee. Section 2. No employee will be requested or required to dispense or administer medication unless in accordance with state law and after having received instruction/training from the appropriate personnel. Employees will not be requested or required to perform other specialized medical procedures without having received prior appropriate training or without having the necessary certification or license to perform the procedure. Training time will be paid at the employee’s regular hourly rate of pay or at the overtime rate if applicable. The District Administration Office will pay the cost of obtaining and/or receiving first aid cards for employees required to have such cards. Time spent in these and other required training programs will be compensated at the regular rate of pay or its designated representativeat the overtime rate if applicable. Section 3. The District shall assist the certificated employee in handling the incident hold employees harmless when employees make good faith reports of alleged child abuse by law enforcement authorities. C. The other staff to District shall provide employee protection through employee injury insurance as provided by law. Additionally the District shall provide personal property protection Administrators, according to the extent of $1,000 per employee for each claim. This protection will apply when damage occurs to an employee's property when engaged in the maintenance of (1) order and (2) discipline and (3) the protection of school personnel and the property thereof when that is deemed necessary by the employee. D. Whenever an employee is absent from employment and unable to perform duties as a result of personal injury sustained in the course of employment, said employee shall be entitled to use accumulated sick leave. In the event the employee acquires Industrial Insurance Benefits in the form of time-loss payments, the employee shall have the option of having sick leave benefits provided on a pro rata basis so that the combination of time-loss payments and sick leave benefits will equal the employee's base and TRI salary (under no combination of the above shall an employee be paid greater than their current salary amount), or said employee may choose to utilize full accumulated sick leave before accepting time-loss payments. Under the first option, deductions from accumulated sick leave will be made on the same pro rata basis. Upon exhaustion of sick leave, said employee shall be entitled to leave without pay (except for any Xxxxxxx'x Compensation Award) for the balance of the school year, and then shall be entitled upon verification by a physician of the employee's ability to perform to return to service by the immediate beginning of the following school year. E. During the term of this Agreement, the District will make a reasonable effort to provide each employee a safe and secure place for his/her personal belongings. This may include a desk, locker, storage cabinet, closet, or file drawer, which can be locked.RCW 28A.400.317

Employee Protection. A. The District Subject to the provisions outlined hereinafter, the Society shall legally defend an provide legal counsel and protection to employees and former employees except where providing such protection constitutes a conflict of interest. In the event there is a conflict of interest, the employee in civil actions which are alleged will be able to have been caused in whole or in part select a legal counsel from a list supplied by the employee while performing or failing to perform assigned duties as an employee of Society. The Society, the District under the provisions of the District's liability policy. Said liability policy shall be maintained at least at the dollar coverage provided on the effective date of this Agreement. When determined by a court of competent jurisdiction an employee is found to have committed gross negligence, a violation of law, or has committed a criminal act this provision is nullified insurance carrier (where applicable) and the employee is responsible for all shall endeavour to agree upon the identity of such counsel. In the absence of agreement, the choice of legal counsel shall be determined by the Society subject to the terms of any applicable insurance policy. 26.01 The Society shall provide legal counsel and protection to employees and former employees with respect to any civil proceeding, or who are subject to a hearing before any administrative tribunal or disciplinary body alleging improper conduct in respect of the employee's legal and liability costs associated with acts or omissions while acting for the above civil action. B. Any case of assault Society or battery upon an employee during working hours shall be promptly reported any alleged statutory breach (except any criminal charges referred to the District Administration Office in Articles 26.03 or its designated representative. The District shall assist the certificated employee in handling the incident by law enforcement authorities. C. The District shall provide employee protection through employee injury insurance as provided by law. Additionally the District shall provide personal property protection to the extent of $1,000 per employee for each claim. This protection will apply when damage occurs to an employee's property when engaged in the maintenance of (126.04 hereof) order and (2) discipline and (3) the protection of school personnel and the property thereof when that is deemed necessary by the employee. D. Whenever an employee is absent from employment and unable to perform duties arising as a result of, or during the performance of personal assigned duties. In the instance of a formal inquiry or inquest launched by the Office of the Coroner, any employee or former employee who is summonsed to give evidence shall be afforded representation by the Society's attending legal counsel. 26.02 Should an employee or former employee be: i) requested to meet or be interviewed by police, crown attorney, prosecutor or defence counsel, or ii) summonsed or subpoenaed to give evidence in connection with a criminal investigation or proceeding that is related to their administrative, maintenance or child protection role and arises out of a serious injury sustained to, or death of a child (including an alleged homicide), the employee or former employee shall be afforded representation for that purpose by legal counsel qualified to advise on the matter selected by the Society after consultation with the Union. 26.03 In the event that an employee or former employee is interviewed, investigated or charged with a criminal offence or an offence carrying penal consequences arising as a result of, or during the performance of assigned duties (this may exclude charges laid under the Highway Traffic Act), and the Society provides the employee with legal counsel, the Society shall pay all legal costs (meaning reasonable lawyer's fees and disbursements) therefrom that exceed the amount of coverage provided by the insurance carrier through the insurance policy, subject to the following conditions: i) the charge arises directly out of events incurred while the employee was actively in the course of employmentperforming their duties in good faith on behalf of the Society; and, ii) the employee was acquitted of all or any part of the charges; and, iii) such acquittal of the charge or charges as laid was not affected by a plea or pleas by the employee to a lesser charge or charges. 26.04 In the event that criminal charges are laid against an employee or former employee arising as a result of, said or during the performance of assigned duties, and the Society elects not to provide the employee with legal counsel and/or the employee elects legal counsel of their choice, the employee shall be entitled to use accumulated sick leaveresponsible for all legal costs arising therefrom. In the event that the criminal charges are heard on the merits and there is an acquittal on the merits that has not been reversed on appeal, and on review the Society is satisfied that: i) the employee acquires Industrial Insurance Benefits has carried out the Society's mandate to provide child protection and/or service in good faith and in a professional manner; and ii) the form employee has not committed a serious breach or dereliction of time-loss paymentssaid duties and/or responsibilities; the Society shall reimburse the employee for that part of legal costs that exceed the amount of coverage provided by the insurance carrier through the insurance policy on a party/party basis as a maximum. 26.05 The Society agrees that in situations where charges have been laid against an employee and on review the Society is satisfied that: i) the employee has carried out the Society's mandate to provide child protection and/or service in good faith and in a professional manner; and ii) the employee has not committed a culpable breach or dereliction of said duties and/or responsibilities; the Society agrees that the employee may be entitled to a leave of absence with pay and full benefits until the conclusion of the legal process up to and including trial . Seniority and service for all purposes shall continue to accrue during any such leave. Alternatively, the employee may be placed in another position, by mutual agreement, which does not displace another employee and without change in pay, until the conclusion of the legal process, up to and including trial. 26.06 It is further agreed that if upon completion of the trial of the criminal charges, there is a conviction and the employee or former employee elects to appeal the conviction and requests that the Society fund the legal expenses of the appeal, the Society agrees to undertake a review of the merits of the appeal and once that review is completed, the Society may elect to fund all or any portion of the appeal process. The Society's decision not to fund all or any portion of the appeal process shall not be the subject matter of a grievance and/or arbitration. 26.07 The Society agrees to pay the premium costs with respect to an insurance policy providing both civil and criminal liability coverage subject to the particulars as outlined in the Letter of Understanding - Liability Protection. The Society further agrees to provide the Local with a bona fide copy of the insurance policy which is in effect. 26.08 The Society will notify the President of CUPE Local 2190 or their designate regarding matters that may impact an employee's employment in the carrying out of their duties at the Society with respect to civil, tribunal, criminal charges or events such as lawsuit, inquest, child protection investigation involving a staff member in the course of their duties, criminal investigation of a worker, complaint from a professional College or a formal complaint to the Human Rights Tribunal. Within this context, the employee has the right to have the option President of having sick leave benefits provided on CUPE Local 2190 or their designate present at meetings related to the above. Collective Agreement 27.01 The Society and the Union are committed to maintaining a pro rata basis so workplace that demonstrates a sincere and continuing interest in the individual and collective well being of all staff and recognizes the inherent worth and dignity of every employee. The Society recognizes that the combination issue of time-loss payments workload is of serious concern to Bargaining Unit employees. Further, the Society recognizes its responsibility to provide services through employees in accordance with the Child , Youth and sick leave benefits will equal Family Services Act and to conform to current Ministry standards. 27.02 It is also the responsibility of the Society to establish and maintain an effective infrastructure to facilitate the employee's base compliance of all standards. 27.03 The Society and TRI salary (under no combination the Union acknowledge that workload can fluctuate and should be reviewed on an ongoing basis with the goal of equitable and reasonable distribution of workload. The Society acknowledges the important role that the Union plays on behalf of its membership in participating in that ongoing review. 27.04 The Society shall utilize a variety of methods in an ongoing effort to effectively manage workload demands. These methods may include, but will not be limited to the following: 1. Assign cases/job duties based on equitable distribution of workload, the needs of the above shall an employee be paid greater than department, the individual skill level and experience, current workload and anticipated workload fluctuations. This may involve the Branch Management Team's knowledge of the following factors: • number of cases before the court; • number of designated high-risk cases; • number of supervised access visits; • amount of required driving time; • linguistic skills; • team coverage; • leaves of absence, including vacation and prolonged illnesses; • complexity of cases/job duties; • committee work/field instruction expectations; • introduction of new technology and systems; • coaching and mentoring new staff; • worker's attendance at training; • part-time education leave; • work pursuant to the Collective Agreement; • participation on the Peer Support Team; • additional administrative duties; • high profile cases; • status of individual recording; • frequency of requests to assist co-workers. 2. Ensure regular ongoing supervision to effectively manage workload as outlined in Article 27.04 #1. 3. Afford employees vacating positions reasonable opportunity to complete any documentation requirements prior to their current salary amount)last day of work. 4. Ensure workload reviews with each service team every other month, or said employee may choose analyzing the distribution and volume of workload. 5. The Society will ensure that employees know what is expected of them by: • providing ongoing performance feedback through regular supervision; • identifying developmental objectives through the annual performance evaluation process. 6. Subject to utilize full accumulated sick leave before accepting time-loss payments. Under the first option, deductions from accumulated sick leave Article 15.03 b) vacancies will be made on the same pro rata basisfilled as quickly as possible. 7. Upon exhaustion of sick leave, said employee Supervisors shall be entitled responsible for ensuring that there is coverage for (including, but not limited to): • access visits, recordings, client visits, plan of care meetings, court appearances, required high risk visits, back up days, etc., during worker absences. 8. The Society is committed to leave without pay (except continuing to assess the need for any Xxxxxxx'x Compensation Award) backfilling positions when there are increased service demands or multiple unplanned leaves in a service location. 9. The Society will not assign new cases to a worker while on vacation. 10. The Employer shall ensure that when multiple case assignments occur a discussion will take place with the worker to establish expectations and available supports as required. 27.05 In order to meet service needs and legislative requirements, employees shall make every reasonable effort to keep their case related documentation up to date at all times, within the time frames specified within the CYFSA, regulations and Ministry standards. 27.06 The Society and the Union recognize their shared commitment for the balance delivery of quality service to children, youth and families. Further, it is the mutual responsibility of the school yearemployee and the Supervisor to ensure compliance with Ministry standards with respect to case documentation. Without limiting the generality of the foregoing, the Supervisor shall provide an opportunity for the worker to complete case documentation in those cases where the demands and then shall be entitled upon verification by a physician the requirements of other aspects of the employee's job would impede the employee's ability to perform complete the case documentation in a timely manner as prescribed. Said opportunity shall not create prolonged or unreasonable workload increases for co-workers. 27.07 The Society further agrees to return provide time management flexibility so that individual teams (which includes the Supervisors) can determine how to most effectively manage coverage for one another when team members, upon request, choose to utilize their approved "protected case documentation day(s)" per month. Such documentation day(s) shall be pre-scheduled on a monthly basis in a team meeting subject to supervisory approval and service needs. 27.08 The Society and the Union agree to review workload issues by the immediate beginning each of the following school yearmeans: 1. Discussions of workload issues will be a standing agenda item at each meeting of the Union/Management Executive as per Article 7.01 and/or Union/HRS Meetings. E. During 2. Where either party identifies an issue that impacts on workload requiring a broader discussion and review, either of the term parties can request that an ad hoc Joint Workload Committee shall be struck as follows: Joint Workload Committee: a) The purpose of this Agreementthe Joint Workload Committee is to make recommendations to the Senior Leadership Team on ways and means to address said workload issue(s) related to Bargaining Unit employees and the impact of factors on workload. The Senior Leadership Team will provide a formal response within forty-five (45) working days to the Workload Committee's recommendations. Should a recommendation made to the Senior Leadership Team not be implemented, the District reasons for that decision will make be provided to the Joint Workload Committee, and the Workload Committee will revisit the issues that led to the recommendation. b) The Joint Workload Committee will be comprised of three (3) elected representatives from CUPE Local 2190 and up to three (3) representatives from the Society's Management. The Committee shall be chaired by a reasonable effort Management or Union representative on an alternating basis. c) Time spent attending to provide the business of the Committee shall be considered time worked. Such business and associated time worked shall be recommended by the Committee and authorized by Human Resource Services. 27.09 The Society shall forward to the Union on a monthly basis case assignment statistics detailing each employee a safe case carrying worker (based upon the Full-Time Equivalent (FTE) status of the position); probation status and secure place the number of cases assigned by type (i.e. investigation/ongoing/children-in-care). Collective Agreement a) The following paid holidays, regardless of when they fall, shall be granted with pay to all full-time employees who have been in the employ of the Society for his/her personal belongingsone (1) week prior to the holiday: 1. This may include a desk, locker, storage cabinet, closet, or file drawer, which can be locked.New Year’s Day 2. Family Day 3. Good Friday 4. Easter Monday 5. Victoria Day 6. Canada Day 7. Simcoe Day 8. Labour Day 9. Thanksgiving Day