The Alberta Teachers’ Association

Collective agreement made this 9 day of December, 2003 between the Board of the Almadina School Society, herein called “the Board" and the Alberta Teachers' Association, herein called "the Association", acting on behalf of the teachers employed by the Board.

Whereas the Board is a society incorporated, organized and existing under the laws of the Province of Alberta and has the authority to operate a Charter school, and  

Whereas, the Association is the duly certified bargaining agent for the teachers employed by the Board, and

Whereas, such teachers’ terms and conditions of employment and their salaries have been the subject of negotiations between the parties, and

Whereas, the parties desire that these matters be set forth in an agreement to govern all the terms of employment of the teachers.

Whereas, this agreement is made pursuant to the School Act and the Labour Relations Code.

The Board and the Association agree as follows:

1.   Application

1.1   This agreement shall be applicable to all persons who require a teacher’s certificate as a condition of their employment with the Board with the exception of the superintendent. Article 4 Allowances shall terminate on August 31, 2005 and the exclusion or inclusion of this article in future agreements is a subject of negotiations.

2.   Term

2.1   Unless stated otherwise, this agreement shall take effect on September 1, 2003 and shall continue in full force and effect through August 31, 2005.

2.2   Either party wishing to amend or to terminate this agreement shall give to the other party notice of such desire, in writing, not less than 60 days and not more than 120 days prior to the last date stated in clause 2.1.

2.3   If notice has been given in accordance with clause 2.2, the Board agrees not to alter terms and conditions of employment should negotiations continue beyond the expiry date or until a strike or lockout occurs.

3.   Administration of the Basic Salary Schedule

3.1   Basic Salary Schedule

Effective September 1, 2003

Effective March 1, 2004

Effective September 1, 2004

Effective March 1, 2005

3.2   Salary Administration

3.2.1   University Education

3.2.1.1   The evaluation of a teacher shall be determined by a statement of qualifications from the Alberta Teachers’ Association Teacher Qualifications Service.

3.2.1.2   Each teacher claiming additional teacher education and each teacher commencing employment with the Board, shall submit to the Board a statement of qualifications by January 1. Salary shall be adjusted retroactively to the commencement of the school year, or employment for statements of qualifications received by January 1. Salary shall be adjusted on February 1 for statements of qualifications received after January 1. Salary shall be adjusted retroactively to February 1 for statements of qualifications received after February 1.

3.2.1.3   When a teacher believes that a statement of qualifications will be late through no fault of the teacher, the teacher shall advise the superintendent of the circumstances and the superintendent may at his/her sole discretion extend the time limits in 3.2.1.2.

3.2.1.4   Until the teacher submits satisfactory evidence of qualifications, the teacher shall be placed on the salary schedule according to the most recent acceptable statement of qualifications or according to the minimum education requirements for his/her teaching certificate.

3.2.1.5   Only one year of education increment shall be granted per school year.

3.2.2   Experience Increments

3.2.2.1   A year of teaching experience shall be earned by teachers performing required duties for at least 145 teaching days in the school term with the Board. Teaching experience earned by part-time teachers or by a teacher under temporary contract, may be accumulated within four consecutive year intervals. When a year of teaching experience has been accumulated by part-time teachers or by a teacher under temporary contract, the teacher shall not begin to earn additional teaching experience until an increment has been granted at the beginning of another school year or February 1, whichever is applicable.

3.2.2.2   No teacher shall earn more than one experience increment in any one school year.

3.2.2.3   The adjustment date for changes in the number of increments allowed for teaching experience shall be at the beginning of the school year or February 1.

3.2.2.4   The Board shall only recognize complete years of previous teaching experience for salary purposes provided such previous teaching experience was earned while employed by a board of trustees as defined in the School Act or by an early childhood services board operated under the guidelines of Alberta Education.

3.2.2.5   The Board shall only recognize complete years of previous teaching experience for salary purposes provided such previous teaching experience was earned outside Alberta but in Canada or the United States provided it is received in accordance with the laws in those jurisdictions.

3.2.2.6   The Board shall only recognize complete years of previous teaching experience for salary purposes provided such previous teaching experience was earned outside of Canada and the United States if a teaching certificate was required and if the accreditation of the school and its programs is satisfactory to the Superintendent.

3.2.2.7   The teacher must supply written verification of teaching experience from all previous employers. Where the teacher has, to the satisfaction of the Superintendent, made reasonable efforts to obtain written verification and it is not available, the Board shall accept a sworn declaration, certified by a Commissioner for Oaths, attesting to the experience earned.

3.2.2.8   Each teacher claiming teacher experience and each teacher commencing employment with the Board, shall submit to the Board written verification of previous experience by January 1. Salary shall be adjusted retroactively to the commencement of the school year, or employment for written verification received by January 1. Salary shall be adjusted on February 1 for written verification received after January 1. Salary shall be adjusted retroactively to February 1 for written verification received after February 1.

3.2.2.9   When a teacher believes that written verification will be late, through no fault of the teacher, the teacher shall advise the superintendent of the circumstances and the superintendent may at his/her sole discretion extend the time limits specified in 3.2.2.8.

3.2.2.10   Until the teacher submits written verification of previous teaching experience, the teacher shall be placed on the salary schedule at step 0.

3.3   Salary Payment

3.3.1   Effective September 1, 2003 the Board agrees to pay the annual salary in 12 equal and consecutive monthly payments on the 26^th day of each month or the last working day prior to the 26^th if it falls on the weekend.  Notwithstanding the foregoing, in December the Board agrees to pay teachers on the last teaching day of the month.

4.   Allowances

4.1   Principal’s Allowance

Effective September 1, 2003, in addition to the salary earned as a teacher, a principal shall receive an administrative allowance, based on 13.0 per cent of his/her grid position and $12.60 per student.

Effective March 1, 2004, in addition to the salary earned as a teacher, a principal shall receive an administrative allowance, based on 15.0 per cent of his/her grid position and $14.40 per student.

Effective September 1, 2004, in addition to the salary earned as a teacher, a principal shall receive an administrative allowance, based on 15.0 per cent of his/her grid position and $14.62 per student

Effective March 1, 2005, in addition to the salary earned as a teacher, a principal shall receive an administrative allowance, based on 15.0 per cent of his/her grid position and $18.21per student.

4.2   Vice-Principal’s Allowance

Effective September 1, 2003, in addition to the salary earned as a teacher, an assistant principal shall receive an administrative allowance equal to 6.5 per cent of his/her grid position and $6.30 per student.

Effective March 1, 2004, in addition to the salary earned as a teacher, an assistant principal shall receive an administrative allowance equal to 7.5 per cent of his/her grid position and $7.20 per student.

Effective September 1, 2004, in addition to the salary earned as a teacher, an assistant principal shall receive an administrative allowance, based on 7.5 per cent of his/her grid position and $7.31 per student.

Effective March 1, 2005, in addition to the salary earned as a teacher, an assistant principal shall receive an allowance that is 50 per cent of the principal’s allowance.

4.3   The number of students in the school is determined as of September 30, of each school year.

4.4   Article 4 Allowances shall terminate on August 31, 2003 and the exclusion or inclusion of this article in future agreements is a subject of negotiations.

5.   Substitute Teachers

5.1   Effective September 1, 2003 substitutes shall be paid $151 (which includes 4 per cent vacation pay) per day worked. Half days will be paid at 50 per cent of the full-day rate.

5.2   Substitute teachers employed for a period of five consecutive teaching days or more, as a replacement for a specific teacher, shall be placed on the basic salary schedule, according to teacher qualifications and experience, on the sixth and consecutive subsequent days in the same assignment. This period of consecutive employment during the school year shall not be considered interrupted or non-consecutive, if a holiday, teachers’ convention, professional day or such other Board-regulated break interrupts the substitute teacher’s continuity in the classroom.

6.   Employment

6.1   Upon employment with the Board, each teacher shall be given a copy of the current collective agreement.

7.   General Leave of Absence

7.1   Upon application by the teacher a general leave of absence may be granted at no cost to the Board for a period of up to one year.

7.2   Applications shall be submitted to the superintendent prior to the commencement of the leave, except in the event of emergent or unforeseen circumstances.  Leaves of more than 20 school days require the approval of the Board.

7.3   A general leave may be extended for an additional period upon written application by the teacher and upon approval by the Board.

7.4   Should the application be refused, the applicant will be given the reason(s) for refusal.

7.5   A teacher granted leave shall be on leave from the school and not from a particular position.

7.6   Increments will not be credited to a teacher for the period of the leave unless the teacher is actively engaged in teaching during the leave period and meets the requirements for an experience increment.

8.   Parental Leave of Absence

8.1   Maternity Leave

8.1.1   Upon request, a teacher shall be entitled to maternity leave of absence for a period of up to 15 weeks.

8.1.2   A teacher shall give the Board six weeks written notice of her intention to take a maternity leave. Such notice shall be accompanied by a medical certificate indicating that the teacher is pregnant and giving the estimated date of birth.

8.1.3   Should a teacher wish to continue participation in the benefit plans during maternity leave, provided pursuant to clause 8.1.1, the premiums shall continue to be shared between the Board and the teacher pursuant to article 11 of this agreement. Notice of the teacher's intention to continue participation in the benefit plans must be provided to the Board with the notice required in 8.1.2.

8.1.4   A teacher shall provide four week’s notice of intent to return from maternity leave. Upon expiration of the leave provided pursuant to clause 8.1.1, the teacher shall be returned to a teaching position.

8.1.5   A teacher on a probationary or temporary contract shall be eligible for maternity leave during the term of the teacher's contract.

8.2   Adoption Leave

8.2.1   Upon request, a teacher shall be entitled to adoption leave without pay for a period of up to 37 weeks commencing on the date the child is placed with the teacher for the purpose of adoption.

8.2.2   The teacher shall advise the Board, in writing, at least six weeks prior to the date that the teacher will commence adoption leave, unless the date of the child's placement with the teacher was not foreseeable. If the teacher cannot comply with the written notice requirement, the teacher must give the Board written notice at the earliest possible date that the teacher will start or has started adoption leave.

8.2.3   Should a teacher wish to continue participation in the benefit plans during adoption leave, granted pursuant to clause 8.2.1, the premiums shall continue to be shared between the Board and the teacher for 15 weeks pursuant to article 11 of this agreement. Notice of the teacher's intention to continue participation in the benefit plans must be provided to the Board with the notice required in 8.2.2.

8.2. 4   A teacher shall provide four week’s notice of intent to return from adoption leave. Upon expiration of the leave provided pursuant to clause 8.2.1, the teacher shall be returned to a teaching position.

8.2.5   During the period of adoption leave, a teacher shall not accumulate experience toward the granting of increments.

8.2.6   A teacher shall be granted two days with pay for the purpose of completing necessary documentation and requirements relating to the adoption and receipt of a child.

8.3   Parental Leave

8.3.1   Upon request a teacher shall be provided parental leave as an extension to maternity leave for up to 37 weeks.

8.3.2   A teacher who has not accessed maternity leave or adoption leave is entitled to a parental leave of up to 37 weeks within 52 weeks after the birth of the teacher's child or a child has been placed with the teacher for the purpose of adoption.

8.3.3   Where both parents are members of the teaching staff of the Board, either parent may take the parental leave but the Board is under no obligation to allow both parents to be on leave at the same time.

8.3.4   The teacher shall provide the Board with at least six weeks notice prior to the requested parental leave.

8.3.5   Parental leave shall be at no cost to the Board.

8.3.6   While on parental leave of absence, a teacher may access the Board's benefit plans as identified in article 11, at no cost to the Board.

8.3.7   A teacher shall provide four week’s notice of intent to return from parental leave. Upon expiration of the leave provided pursuant to clause 8.3.1 or 8.3.2, the teacher shall be returned to a teaching position.

8.3.8   During the period of parental leave, a teacher shall not accumulate experience towards the granting of increments.

9.   Temporary Leave of Absence

9.1   Personal Leave—Teachers shall be allowed personal leave with pay for one day in a school year.

9.2   Family Medical Leave—Teachers shall be allowed two days with pay to attend to the medical concerns of family members.

9.3   Personal Court Appearances—Teachers shall be allowed leave with pay to respond to jury duty or a summons to appear in court.

9.4   Compassionate Leave—Leave is granted with respect to major surgery, critical illness or death of a near relative. For the purpose of this article, the term “near relative” shall be defined as the spouse of the teacher and the grandparents, parents, brothers, sisters, children and grandchildren (and their respective spouses) of the teacher and of the teacher’s spouse.

9.4.1   In the event of major surgery or critical illness of a near relative a teacher shall be granted a maximum of three days leave of absence with pay. The teacher shall, if requested by the Superintendent, provide a note from the attending physician attesting to the major surgery or critical illness. Additional leave may be granted, at the discretion of the superintendent, as circumstances warrant.

9.4.2   Teachers shall be allowed three days leave with pay in the event of the death of a near relative and if outside the city, two additional days leave with pay for travel. The teacher shall, if requested by the Superintendent, provide details of the travel required.

10.   Sick Leave with Pay

10.1   Sick leave with pay shall be granted to a teacher for the purpose of obtaining necessary medical or dental treatment, or on account of injury, illness or disability of the teacher.

10.2   A teacher shall have access to 20 school days of sick leave.

10.3   A certificate of illness from a qualified medical or dental practitioner is required by the Board for sick leave where the absence is for a period in excess of five teaching days and may be required by the superintendent for a period of three or four days.

10.4   Teachers who have been ill for a period not exceeding three teaching days may dispense with a doctor’s certificate.

11.   Group Benefits Plan

11.1   The plans available to teachers shall be Life, Accidental Death and Dismemberment insurance, Dependent Life, Short-Term Disability, Long-Term Disability, Extended Health Care, Dental Care and Alberta Health Care Insurance Plan.

11.2   Participation in the plans shall be a condition of employment for all teachers commencing employment.

11.2.1   Notwithstanding clause 11.2, participation in the plans identified in 11.1 shall be available to teachers employed under contracts of 0.5 FTE or more.

11.3   Effective September 1, 2003, the Board shall contribute 100 per cent of the premium costs for the following benefit plans:

(a) Extended Health Care

(b) Dental Plan

(c) Alberta Health Care Insurance

11.4   Effective September 1, 2003, the Board shall contribute 50 per cent of the premium costs for the following benefit plans:

(a) Life

(b) AD&D

(c) Dependent Life

11.5   Effective September 1, 2003, the teacher shall pay 100 per cent of the premium costs for the following benefit plans:

(a) Short-Term Disability

(b) Long-Term Disability

Effective the first of the month following ratification the Board shall pay 60 per cent of the premium costs for the following benefit plans:

(a) Short-Term Disability

(b) Long-Term Disability

Effective September 1, 2004 the Board shall pay 75 per cent of the premium costs for the following benefit plans:

(a) Short-Term Disability

(b) Long-Term Disability

12.   Hours of Work

12.1   The Board may assign teachers duties between 8:00 AM and 4:00 PM on school days.  Teachers shall not be assigned duties on weekends or during vacation periods. Each teacher shall be free of assigned duties for 30 minutes during the regular lunch hour of the school.

13.   Bargaining Unit Dues and Fees

13.1   All teachers shall pay monthly to the Association monies equal to the established fees or dues of the Association.  Such dues and fees shall be deducted monthly by the Employer from each teacher’s month-end pay and remitted to the Association following the deduction.

13.2   The Employer agrees to provide the Association with a list of employees for whom Association dues and fees are deducted.

13.3   The Employer agrees to provide the Association with a service list of its employees on September 15 and February 1 respectively indicating date of hire and length of service.

13.4   Any dispute between a teacher and the Association related to dues or membership fees shall be referred to the Association for resolution.  The Employer shall not be held liable for any costs arising from the resolution of any dispute.

14.   Grievance and Interpretation Procedures Arising from this Agreement

14.1   Individual Grievance

14.1.1   Any individual grievance must be submitted to the superintendent within 15 working days of the date the teacher first became aware of the alleged violation or misapplication. All grievances must be presented in writing and shall set out the nature of the difference, the article(s) of the agreement which has allegedly been violated and the remedy sought. Failure to submit a grievance within the time limits specified shall render the grievance void.

14.2   If a grievance has not been settled within 15 working days after the date of its submission to the superintendent, the teacher may within 15 working days thereafter, request the grievance be submitted to the interpretation committee. Failure to submit a grievance to the interpretation committee within the time limits specified shall render the grievance void.

14.3   Association Grievance

14.3.1   Where a difference arises between the Association and the Board as to the interpretation, application, operation or contravention, or alleged contravention of this agreement, or as to whether such difference can be the subject of arbitration, the Association shall have the right to present a grievance. All grievances must be presented in writing and shall set out the nature of the difference, the article(s) of the agreement which has allegedly been violated and the remedy sought. All such grievances shall be submitted to the superintendent. If a grievance is denied, the Association may advance the matter to arbitration within the limits of this article.

14.4   Interpretation Committee

14.4.1   An interpretation committee, consisting of two members appointed by the Association, one of whom shall be a member of the teachers’ negotiating committee together with one representative of the Board and the superintendent, shall meet if necessary. A quorum of this committee shall consist of all members.

14.4.2   When the interpretation committee receives a grievance, it shall be required to give its decision within 15 days following the receipt of such notice and shall dispose of each grievance before proceeding to another, except whereby unanimous consent of the interpretation committee, the hearing of such a grievance is adjourned for the purpose of obtaining further information.  Only a unanimous decision of the committee is binding on the teacher and the Board.

14.4.3   After each meeting of the interpretation committee, the superintendent shall forward the committee’s decision, in writing, to the griever with copies to the chair of the Almadina ATA Economic Policy Committee and the committee members. When a grievance is denied by the unanimous agreement of the committee, the reasons for the denial shall be made known to the griever in writing.

14.5   Arbitration Board

14.5.1   If the interpretation committee does not reach a decision, either party to this collective agreement may, by written notice served on the party within 10 days after the date on which the committee voted on the disposition of the grievance or within 10 days after the expiration of the said period of 15 days specified in clause 14.4.2, whichever is shorter, request the appointment of a single arbitrator as hereinafter provided. If such notice is not served within the time limits specified in this clause, the grievance shall be deemed to be at an end. The parties may, by mutual agreement, consent to postpone the arbitration hearing. Such notice shall contain a statement of the nature of the grievance.

14.5.2   The single arbitrator shall determine his/her own procedure and shall give full opportunity to all parties to present evidence and to be heard.

14.5.3   The arbitrator shall not change, modify or alter any of the terms of this agreement. Neither shall the arbitrator make a decision which is contrary to the terms of this agreement. All grievances or differences submitted shall present an arbitrable issue under this agreement and shall not depend on or involve an issue or contention by either party that is contrary to any provisions of this agreement or that involves the determination of a subject matter not covered by or not arising during the term of this agreement.

14.5.4   The arbitrator shall give a decision not later than 14 days after appointment except that with the consent of both the Board and Association, such limitation of time may be extended. The findings and decisions of the arbitrator shall be binding on the parties.

14.5.5   The parties shall share equally the expenses of the single arbitrator.

14.5.6   Where any references in this article, grievance and interpretation procedures, are to a period of days, such period shall be exclusive of Saturdays, Sundays, statutory holidays and summer vacation.

14.5.7   By mutual agreement between the Board and the Association any of the dates contained in this article may be extended.

15.   General Conditions

15.1   All previous collective agreements between the parties are hereby cancelled.

15.2     This agreement shall be binding upon the parties and their successors.

LETTER OF UNDERSTANDING – Harassment Free Work Environment

The parties recognize an employee’s right to a working environment which is free of harassment.

The Board has the primary responsibility for ensuring that a harassment-free environment prevails in the workplace and to take appropriate measures to achieve this result. The Association has a responsibility to assist the Board in this regard.

For the purposes of this Letter of Understanding, harassment means any conduct, comment or gesture which has adverse effects on the individual’s ability to carry out their duties.

Nothing in this letter shall prevent a teacher from proceeding with a complaint outside of the process described in this Letter of Understanding.

A teacher who believes that s/he has been subjected to harassment may file a complaint with the superintendent. The teacher may request the assistance of an Association representative when filing the complaint.

Upon receipt of a complaint, the superintendent shall ensure that an investigation is conducted without delay. The superintendent shall report findings to the complainant and the Association within 10 school days of receiving the complaint.

This Letter of Understanding expires on August 31, 2005.

LETTER OF UNDERSTANDING – Parent-Teacher Interviews

The Almadina School Board from time to time schedules parent-teacher interviews outside the regular hours or work. When this is done, the annual school calendar for Almadina Charter School, will be adjusted to ensure that the work day for teachers on days that are scheduled for parent-teacher interviews does not exceed eight consecutive hours exclusive of scheduled lunch or dinner breaks.

Parent-teacher interviews – 4:30pm to 8:30pm

Professional Development – 8:30am to 12:00pm; Afternoon free of assignment duties, or Morning free of assigned duties; Professional Development 1:00pm to 4:30pm

The Board agrees that these adjustments will be applied in the school calendar for 2004/05 to accommodate the fall and spring parent-teacher interviews.

The Association agrees that for the purpose of parent-teacher interviews clause 12.1 of the collective agreement does not apply.

This Letter of Understanding expires on August 31, 2005.