The Alberta Teachers’ Association

Collective agreement made this 7 day of May, 2012 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 public charter school as granted by the Alberta Minister of Education, and

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

Whereas the parties desire to define the unique circumstances that exist in the operation of the public charter school, the following principles and values shall guide the parties:

1. The Board and teachers wish to create a climate which is open to the timely and appropriate involvement of parents and students in orienting the education of the children. This involvement will occur in a climate of mutual respect and in accordance with the principles of natural justice.

2. The Board and teachers recognize that collegial decision making is the most appropriate method for the schools. The Board thus undertakes to ensure that administrative and management practices do not undermine professional relations or collegial decision making in the schools.

3. Both parties agree that professional development will seek to provide appropriate balance between school based activities and individual request.

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.

1.2   The Board shall make every effort to employ certificated teachers for vacancies to provide languages instruction. If no certificated teachers are available, the Board will ensure that the instructor is under the supervision of a teacher who is responsible for student assessment, planning and reporting to parents. A vacancy is defined as a resignation or a dismissal.

2.   Term

2.1   Unless stated otherwise, this agreement shall take effect on September 1, 2011 and shall continue in full force and effect through August 31, 2015.

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.

2.4   Notwithstanding 2.2 and 2.3 above, either party may, between April 1 and June 30 of any calendar year, serve notice to commence collective bargaining in accordance with the Labour Relations Code, to open and negotiate amendments to this agreement and to introduce new clauses. The following clauses are excluded from renegotiation for the duration of this agreement: 3.1, 5.1, 10.2, 11.4, 11.5, 11.6 and 16.6. Clause 4.1 is excluded from renegotiation for the first two years of this agreement.

3.   Administration of the Basic Salary Schedule

3.1   Basic Salary Schedule—September 1, 2011

Effective September 1, 2012 and for the duration of this agreement, Almadina will adopt the settled salary grid of the Calgary Board of Education, in the following percentages ("the Transition"):

September 1, 2012 – 99 per cent of Settled Calgary Board of Education ("CBE") Grid
September 1, 2013 – 99.5 per cent of Settled CBE Grid
September 1, 2014 – 100 per cent of Settled CBE Grid

In no case will a reduction be applied to the grid. Inconsistencies that would reduce a teacher’s salary during the transition will, in all cases, default to the salary most beneficial to the teacher until such time as the salary reaches parity or exceeds the prior salary ("Red Circling")**.

**For the purpose of this agreement, Red Circling means the maintenance of the teacher’s salary and allowance until such time as the teacher’s salary and applicable allowances under the collective agreement exceed the red circled amount.

3.2   Salary Administration

3.2.1   Initial Salary Placement and 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   A teacher upon commencement of employment, must submit to the secretary treasurer, proof of:

a) teacher qualifications in the form of a TQS evaluation, and
b) experience, in writing.

Such proof must be submitted within 45 days from the date of employment, in order to obtain, retroactively to the date of employment, an improvement in category placement and experience placement respectively. Failure to do so will result in adjustments being made on the first of the month following submission of proof, unless, through no fault of the teacher, proof is delayed. In this case, if the teacher provides proof of having applied for TQS within 45 days from the date of employment, the adjusted salary will be applied retroactively to the date of employment.

3.2.1.3   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.

3.2.1.4   Until the teacher submits satisfactory evidence of qualifications and experience, 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 and on the salary schedule at step 0.

3.2.1.5   Teachers currently on staff who complete additional years of education must supply proof in the form of a TQS statement within 45 days following September 1 or January 1 to be eligible for adjustment on those dates. Failure to do so will result in adjustments being made on the first of the month following submission of proof, unless, through no fault of the teacher, proof is delayed. In this case, if the teacher provides proof of having applied for TQS within 45 days from September 1 or January 1, the adjusted salary will be applied retroactively to the respective date.

3.2.1.6   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 year 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   Days employed as a substitute teacher within the preceding three years shall count towards experience.

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

3.2.2.4   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.

3.2.2.5   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.

3.2.2.6   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.

3.2.2.7   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, a Ministry approved provincial curriculum was followed, and if the accreditation of the school and its programs is satisfactory to the Superintendent.

3.3   Salary Payment

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

3.3.2   Upon request, a new teacher or a teacher returning from a leave of at least three (3) months shall be provided an advance of $2,000 on the 15^th of the first full month of employment.

4.   Allowances

4.1   Principal’s Allowance

Effective September 1, 2011, in addition to the salary earned as a teacher, each principal shall receive an Administrative Allowance of $24,500. For each subsequent year of this agreement, this Allowance will be increased as follows:

September 1, 2012 – Increased by the same percentage as that applied to the CBE grid
September 1, 2013 – Increased by the same percentage as that applied to the CBE grid
September 1, 2014 – Increased by the same percentage as that applied to the CBE grid

A principal or vice principal who takes a course at an Alberta accredited institution will be reimbursed the cost of tuition and mandatory fees  upon evidence of successful completion for up to one full course per year.

4.2   Vice-Principal’s Allowance

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.

4.4   ELL/AISI Coordinator Allowance

4.4.1   The position of ELL/AISI Coordinator shall report to and be supervised by the Superintendent.

4.4.2   The ELL/AISI Coordinator appointment shall be made from current certificated staff for a two year term at the end of which the teacher will return to their previous position or a mutually acceptable position.

4.4.3   In addition to the salary earned as a teacher, the ELL/AISI Coordinator Allowance shall receive an annual coordinator’s allowance of $7,500. For each subsequent year of this agreement, this Allowance will be increased as follows:

September 1, 2012 – Increased by the same percentage as that applied to the CBE grid
September 1, 2013 – Increased by the same percentage as that applied to the CBE grid
September 1, 2014 – Increased by the same percentage as that applied to the CBE grid

This allowance may be pro-rated to the FTE of the designated teacher.

4.4.4   The employer shall pay reasonable expenses incurred while carrying out assigned duties, which may include attendance at ELL Advisory Committee meetings, ELL Conferences and AISI meetings/conference as well as mileage for required travel between campuses and/or the Board office.

4.4.5   Clause 6.4.2 will apply to this position.

5.   Substitute Teachers

5.1   Effective September 1, 2006 substitutes shall be paid at the same rate paid by Calgary Roman Catholic Separate School District No 1.

5.2   Substitute teachers employed for a period of four consecutive teaching days or more, as a replacement for a specific teacher, shall be placed on the basic salary schedule, according to the substitute’s qualifications and experience, on the fourth 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. The application of this provision shall not result in a reduction in earnings for the three days of the assignment.

5.3   Vacation Pay—All of the rates of pay provided in article 5 include vacation pay.

6.   Employment

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

6.2   The Employer will enter into a individual contract of employment with each teacher that it employs, other than a substitute teacher.

6.2.1   The Employer shall provide each teacher, in their second year of employment with the Employer, a continuing contract.

6.2.2   The Employer shall only offer probationary and temporary contracts to a teacher consistent with the School Act.

6.2.3   The Employer shall use as contracts the individual contract templates found in appendix A to this agreement.

6.3   Teachers who change their names during the school year shall provide the secretary treasurer with appropriate evidence (eg copy of marriage certificate) at the time of request for change. Data must be submitted promptly, especially when a change in teaching certificate is applicable.

6.4   Teachers will render services for not more than 200 consecutive days, commencing the opening day of school in each school year, exclusive of vacation periods, weekends, holidays and semester breaks. Notwithstanding the above, it is recognized that teachers who are in receipt of an administrative or supervisory allowance, shall accept the professional responsibility of having their schools operational on the opening day of school each school term, semester or other division of the school year. In a like manner, such teachers shall accept the professional responsibility of completing all activities connected with school closing.

6.4.1   A teacher who is not in receipt of an administrative or supervisory allowance who renders service during a vacation period, at the request of the Board, shall be paid 1/200 of their annual salary for each day.

6.4.2   Administrators who render service during a vacation period, at the request of the Board, shall receive time off in lieu during the school year for the actual time worked.

6.5   In the event that a reduction in teaching staff is necessary, the Board will seek to effect this reduction through attrition.

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.

7.7   Each teacher scheduled to return to duties at the start of the school year following a general leave of absence shall notify the Board in writing, by April 30, of the teacher’s intention the following year.

7.7.1   A teacher who does not respond by that date will be sent a letter by registered mail to an address agreed upon by the teacher and the Board at the commencement of the leave indicating that the teacher must, within 60 days of the date of the letter is mailed, advise the superintendent of schools whether or not the teacher will be returning to duty at the beginning of the following school year. Copies of the registered letters will be sent forthwith to the Association. If a teacher does not respond within the 60 day limit, that teacher’s contract of employment will be deemed to be terminated by mutual consent.

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   The benefit plans during maternity leave, provided pursuant to clause 8.1.1, the premiums shall continue to be paid by the Board pursuant to article 11 of this agreement.

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 who does not wish to resume employment following the scheduled maternity leave must give at least four weeks written notice to terminate the contract of employment

8.1.6   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   The benefit plans during adoption leave, granted pursuant to clause 8.2.1, the premiums shall continue to be paid by the Board for 15 weeks pursuant to article 11 of this agreement. The remaining 22 weeks of leave, the Board shall continue to pay 100 per cent of the premiums as in article 11.4 provided the teacher continues participation in the remaining benefit plans:

(a) Life
(b) Accidental Death and Dismemberment
(c) Dependent Life

Should a teacher wish to continue participation in all of the benefit plans during the leave, the remaining benefit premiums will be paid by the teacher.

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   The benefit plans during parental leave, granted pursuant to clause 8.3.1, 100 per cent of the premiums shall continue to be paid by the Board for 37 weeks pursuant to article 11.4 of this agreement, provided the teacher maintains full benefits:

(a) Life
(b) Accidental Death and Dismemberment
(c) Dependent Life

Should a teacher wish to continue participation in all of the benefit plans during the leave, the remaining benefit premiums will be paid by the teacher.

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   A teacher who does not wish to resume employment following the scheduled parental leave must give at least four weeks written notice to terminate the contract of employment.

8.3.9   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—Upon written request, with one week’s notice where possible, a leave of absence shall be granted to a teacher/principal for up to four non-consecutive days in a school year.

a) Two of these days shall be with pay.

b) For each of the remaining two days, the cost of a substitute as specified in clause 5.1, shall be remitted by the teacher to the Board. Notwithstanding the foregoing, if the leave occurs on a professional development, teacher preparation or teachers’ convention day, this deduction shall be credited to the professional development fund of the school.

c) Unused personal days shall be accumulated to a maximum of six days.

d) A teacher/principal shall not use more than four personal leave days in one school year, unless approved by the superintendent.

e) The provisions of this clause do not apply to a teacher under contract for 60 days or less in a school year.

f) A teacher under contract for 61-100 days in a school year shall be granted one day personal leave with pay.

g) A personal day shall not be used to extend a holiday, except at the prior approval of the superintendent.

h) Two personal days with pay per annum in addition to the aforementioned four personal leave days shall be granted to a teacher to attend to his/her spouse/partner during maternity confinement or to take custody of an adopted child.

i) Upon request, a teacher shall be granted an additional two day extension to paternity leave, if his/her spouse/partner or the child experiences medical complications during the 30 days following the child’s birth.

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/partner of the teacher and the grandparents, parents, brothers, sisters, children and grandchildren (and their respective spouses/partners) of the teacher and of the teacher’s spouse/partner or common law spouse/partner as documented in the employee’s personnel record with the Board.

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. Personal days may be used consecutively.

9.4.2.1   If travel outside the city is required, an additional two days leave shall be granted.

9.4.2.2   If travel outside the country is required, an additional five days leave shall be granted, and the cost of the substitute, as specified in article 5.1, shall be remitted by teachers to the Board. Notwithstanding the foregoing, if the leave occurs on a professional development, teachers preparation or teachers’ convention day, this cost shall be waived.

9.4.2.3   Teachers shall be granted one day with pay to attend the funeral of a student that a teacher is currently teaching. This leave may be extended or substitutions made with the approval of the Superintendent. In addition a school administrator shall be granted the day with pay to attend the funeral and represent Almadina.

9.5   Quarantine Leave – A teacher who is quarantined by order of the medical officer of health for the city or by a provincial authority, shall be granted leave with pay if the absence for quarantine is certified by a qualified medical officer.

9.6   In the event of school closure due to acts of god, staff will not be required to report to school and receive no deduction of pay.

9.7   Graduation and Convocation – For attendance at the teacher’s child or teacher’s spouse’s child’s senior high school graduation, a teacher shall be granted one half day with pay. For attendance at the teacher’s, teacher’s spouse or teacher’s child’s convocation ceremonies, a teacher shall be granted one full day with pay.

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. Under exceptional circumstances, the superintendent may extend sick leave benefits on a case by case basis.

10.3   A certificate of illness from a qualified medical or dental practitioner is required by the Board as follows:

a) For a period of illness of three teaching days or fewer – none.

b) For a period of illness of four or five teaching days – at the request of the superintendent. Such request must be made prior to the teacher’s return to work.

c) In excess of five teaching days – medical certificate is required.

10.4   When a teacher is eligible for short term or long term disability, they shall apply for these plans and no longer be eligible for sick leave.

10.4.1   Notwithstanding the above, if a teacher is ruled ineligible by the disability insurer, the teacher will be entitled to use any outstanding sick days.

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   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   The Board shall pay 50 per cent (effective the first of the month following ratification, 70 per cent; effective September 1, 2010, 100 per cent) of the premium costs for the following benefit plans:

(a) Life
(b) Accidental Death and Dismemberment
(c) Dependent Life

11.5   The Board shall pay 75 per cent (effective the first of the month following ratification, 80 per cent; effective September 1, 2010, 100 per cent) of the premium costs for the following benefit plans:

(a) Short-Term Disability
(b) Long-Term Disability

11.6   The Board will establish for each teacher on a continuing, probationary or temporary contract of at least three month’s duration, a Health Spending Account. Eligible teachers shall be actively at work, on maternity leave, on paid sick leave or on disability. Any unused amount shall carry forward one year; any unused amount at the end of the carry over year shall be forfeited to the Board.

The HSA shall be operated in accordance with the Income Tax Act and the Canada Revenue Agency.

Teachers on temporary or probationary contracts that are rehired by September 1 shall be entitled to carry over their previous amounts from the previous year.

Effective September 1, 2011, the Board will contribute $651 per year for each eligible teacher.

11.7   The Board agrees that no reduction in the amounts of benefits will occur without prior approval of The Alberta Teachers’ Association.

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.

12.2   A teacher not in receipt of any administrative allowance will not be assigned more than 1450 minutes per week of instructional time. The remainder of the 35 hours in a week may be assigned for Professional Development, preparation, staff meetings, consultations, supervision and parent-teacher interviews.

12.3   The Board shall provide teachers with the date of the first day of the following school year by March 31.

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.

13.1.1   The board shall deduct from substitutes 1 per cent of their monthly earnings according to association policies and bylaws for membership.

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   A grievance is defined as any difference between the parties concerning the interpretation, application, administration or alleged violation of this collective agreement. Any grievance, including questions as to whether the differences are arbitrable, shall be dealt with as follows:

14.2   Individual Grievance

Step 1

a) Any individual grievance must be submitted to the superintendent and the economic policy chair within 15 working days of the date the teacher first became aware of the alleged violation or misapplication.

b) All grievances must be presented in writing and shall set out the nature of the difference, the article(s) of the agreement which have allegedly been violated and the remedy sought.

c) The superintendent shall respond to the grievor, the EPC chair and the coordinator, Teacher Welfare in writing within 15 days of receipt of the grievance.

Step 2

If the teacher is not satisfied with the superintendent’s response, then the Association may within 15 working days of receipt of the response, refer the grievance to arbitration as outline in article 14.4.

14.2.1   Failure to submit a grievance within the time limits specified shall render the grievance void.

14.3   Association and Board 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 or the Board 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 have allegedly been violated and the remedy sought. All such grievances shall be submitted to the superintendent or the case of the Board, the coordinator, Teacher Welfare. The respondent shall have 15 working days to reply in writing. If a grievance is denied, either party may advance the matter to arbitration within 15 working days of receipt of the reply, or if no reply is received, within 30 working days of submission to the other party.

14.4   Arbitration Board

14.4.1   Either party to this collective agreement may, by written notice served on the party within the timelines specified in 14.2 or 14.3, request the appointment of a single arbitrator as hereinafter provided. If such notice is not served within the time limits specified in these clauses, 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.

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

14.4.3   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.

14.4.4   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.

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

14.4.6   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.

14.4.7   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.

16.   Professional Development Funding

16.1   In order to assist teachers to meet personal professional priorities and the challenges of an evolving ESL, cyber learning and International Language work environment, the Board has provided for professional development assistance to its certified charter school teachers.

16.2   Per charter school campus, the Board shall pay the cost for the annual subscription of any six teaching-learning magazines, recommended by teachers and approved by the principal and related to ELL, International Languages, innovative teaching practices or teaching-learning strategies. Further, at each school campus, $1,000 is allocated at the principal’s discretion to buy educational books or materials related to the ELL, International Languages and Values/Virtues program.

16.3   The Board shall pay annually on behalf of each teacher the registration fee to attend the Calgary City Teachers’ Convention.

16.4   The Board shall pay on behalf of the teacher the registration fee associated with attendance at the annual Calgary Charter Schools Conference.

16.5   The Board shall pay annually, on behalf of each teacher, the annual fee of one ATA specialist council related either to ESL, International Languages, student academic achievement or any core subject area.

16.6   Per teacher request, the Board shall pay the cost of a professional development workshop, conference fee or course offered by a recognized postsecondary institution, ATA council, Alberta Education or professional development activity as follows:

September 1, 2011              $700
September 1, 2012              $750
September 1, 2013              $800
September 1, 2014              $850

Teachers have the ability to pool or share funds.

16.7   The Board shall pay the cost of a substitute teacher for two days per year for each teacher participating in a professional development activity covered by article 16.

17.   Parent-Teacher Interviews

17.1.1   The Board from time to time schedules parent-teacher interviews outside the regular hours of work. When this is done, the annual school calendar for Almadina Language Charter Academy 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:

Day 1 – Morning and Afternoon = Regular Teaching Day, Evening PTI 5:00PM–8:30PM
Day 2 – Morning Interviews 8:30AM until 12:00PM

No assigned duties and teachers may leave the school.

The Board agrees that these adjustments will be applied in the school calendar to accommodate parent-teacher interviews.

17.1.2   The format for Parent-Teacher Interviews can be changed to accommodate specific needs on a case by case basis subject by the ratification of the Collegial Committee as specified in Article 21 of this agreement.

17.2   Teachers shall be available to meet with parents at the request of a parent or the school principal by appointment only. These appointments shall take place within the assignable work day but not during any period where the teacher is instructing students

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

18.   Harassment

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

18.1.1   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.

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

18.1.3   The Board agrees that when a Board member has concerns regarding a teacher the Board member shall report the concerns to the superintendent in writing.

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

18.1.5   A teacher who believes that s/he has been subjected to harassment may file a complaint with the superintendent who will contact the ATA to consult as to the appropriate process for resolving the complaint. The teacher shall be encouraged to seek the assistance of the provincial Association.

18.1.6   Upon receipt of a complaint, the superintendent shall ensure that an investigation is conducted without delay.

18.1.7   The superintendent shall report findings to the complainant and the Association within 10 school days of receiving the complaint.

19.   Board Surveys of Teaching Staff

The Almadina School Society Board from time to time surveys the teaching staff with regard to school programs. The Board shall consult with the Association prior to initiating a survey of teaching staff.

20.   Class Size

The Board is committed to ACOL class sizes as per the Alberta Education Standards.

21.   Collegial Committee (CC)

Principle No 2—The Board and Teachers recognize that collegial decision making is the most appropriate method for the schools. The Board thus undertakes to ensure that administrative and management practices do not undermine professional relations or collegial decision making in the schools.

21.1   As an important aspect of the fulfillment of Principle No 9, the parties agree to form a Collegial Committee for the purpose of discussing concerns with the Board in the best interests of Almadina School and certificated teachers.

21.2   The committee shall include:

1. Four (4) teachers selected by the EPC. Interested members will submit their names to the EPC and members will be randomly selected during a regular EPC meeting.

2. A school administrator

3. Superintendent

21.3   The committee will deal with issues and concerns arising from the membership. Examples include but are not limited to:

- School Calendars
- Timetables
- Professional Development
- School-Based Budgeting
- Working Conditions for Professional Service.

21.4   Following a meeting of the CC, the committee will present a report at the next scheduled Board meeting.

21.5   The committee shall be formed and have met by October 31 of each school year. The committee members will determine their committee norms and procedures.

22.   Job Sharing

22.1   Where two teachers on a continuing contract wish to share one full-time teaching position, they may apply to the superintendent for a shared job assignment. Such application must be made no later than April 30 of the school year immediately preceding the year in which the job sharing is to take place.

22.2   A shared job assignment may be granted by the superintendent in accordance with the following terms:

The proportion of a full-time position taught by each teacher shall be mutually decided by the two teachers and must be agreeable to the superintendent.

22.3   On approval of the application of the teachers, the superintendent shall grant the shared job assignment for a guaranteed period of one school year. If the teachers involved wish to return to their previous employment status they must advise the superintendent in writing by March 31 of the school year of the shared job assignment that they wish to return to their previous employment status. If teachers in a shared job assignment do not advise the superintendent in writing by March 31 of the wish to return to their previous employment status, they will continue in the shared job assignment during the subsequent school year.

22.4   At the conclusion of the shared job, the teachers shall return to their previous employment status (example: full-time to full-time, part-time to part-time).

22.5   In the event that one of the teachers in the shared teaching position ceases to perform his/her teaching duties for any reason whatsoever, the superintendent, upon 14 day notice in writing, shall request the other teacher involved to assume the full-time duties of the formerly shared position. Should the teacher refuse, the Board shall find a temporary replacement and the job share agreement terminates at the end of the school year.

23.   Part-Time Employment

23.1   Where a teacher on a continuing contract wishes to have a part-time teaching position, he/she may apply to the superintendent for part-time assignment. Such application must be made no later than April 30 of the school year immediately preceding the year in which the part-time position is to take place.

23.2   On approval of the application of the teacher, the superintendent shall grant the part-time assignment for a guaranteed period of one school year.

24.   Code of Professional Conduct

24.1   The parties agree that, notwithstanding the Teaching Profession Act, the Association’s Code of Professional Conduct as published in the Association’s Member’s Handbook will be adopted as the official standard of professional behaviour of the members of the bargaining unit.

24.2   If any member perceives a violation in the Code of Professional Conduct has occurred they will seek remedy through the ATA Healthy Interactions model.

Memorandum of Understanding Re: Assessments

It is recommended the parties agree to enter into the following Letter of Understanding Re:  Assessments:

It is agreed between the parties that, although teacher assessments of student progress across the four learner understandings promoted at Almadina are a part of teacher planning and teaching quality standards, other important discrete factors must be taken into account:

1) Any assessment of teacher accountability must factor what the learner brings to the classroom each September. Student’s progress is tied to English language proficiency and daily activities across the four benchmarks: listening, speaking, reading and writing.

2) The focus of most tests must be on learner understanding of general and specific learner outcomes as planned in the Units and not preparation of the annual June PATs or any end of year Grade Level Achievement Tests. Thus, student assessments must not narrow the curriculum in order to achieve some end. Tests should provide teachers data to demonstrate student competence patterns across all four basic learner understandings: cognitive, meta-cognitive, social and affective domains.

3) Most student tests, even commercial tests, must reflect what is being taught in the Alberta Program of Study and in the Teacher’s units/themes.

4) Any assessments of teacher performance must be based on many professional factors. Just as students and schools are assessed for more than any single criteria so must teachers be assessed beyond any single student performance on any one test.

Appendix A-1

PROBATIONARY TEACHING CONTRACT

(SECTION 98 – SCHOOL ACT)

<<NAME>>

<<ADDRESS>>

<<CITY>>

1.      You have been appointed to the teaching staff of Almadina Language Charter Academy pursuant to Section 98 of the School Act on a probationary teaching contract. Your duties will commence _______________, and as this is a probationary appointment, it is provided that your duties will terminate on ________________.

2.      This offer of employment and your acceptance hereof, is subject to ratification by the Board. Failure to ratify will nullify this appointment.

3.      Your employment is subject to the provisions of all applicable statutes of the Province of Alberta and regulations passed thereunder, such rules as may be made from time to time by the Board for the administration, management and operation of schools and buildings under its jurisdiction and the applicable provisions of the Board’s collective agreement with the Alberta Teachers’ Association.

4.      Specific assignment to a school and to a grade(s) level shall be made by the Board and its duly authorized Officers from time to time.

5.      This contract contains the entire Agreement between the parties hereto and there are no representations, warranties or collateral agreements other than those as are expressed herein.

6.      This contract may be extended by mutual agreement, in writing, by the Board and the Teacher, in accordance with Section 98 of the School Act.

7.      30 day notice of contract termination by either party must be stated in writing as per Section 108 of the School Act.

8.      The Teacher attests that s/he is fit for duties.

9.      OVERPAYMENT: The Teacher agrees that if at any time the Board has paid wages to the Teacher in excess of the amount due to the Teacher at the time of payment, the Board may deduct an amount equal to the overpayment from any money owing to the Teacher by the Board and the Teacher hereby irrevocably authorizes the Board to deduct such amounts. The amounts and increments will be based upon a mutually agreed timeline between the parties.

10.    NO UNTRUTHS: The Teacher expressly promises that the Teachers’ application form is truthful in all respects and the Teacher has not intentionally failed to provide the Board with any information pertinent to the Board’s decision to make this offer of employment.

11.    CRIMINAL RECORDS: The Teacher expressly promises that the Teacher has never been convicted under the Criminal Code of Canada, or similar legislation of any jurisdiction, of an offence relating to sexual misconduct, fraud, theft or physical violence.

12.    DUTY OF FIDELITY: The Teacher agrees that by accepting employment with the Board, the Teacher assumes a responsibility to at all times display conduct that is appropriate to the role of a teacher, and that serves as an appropriate role model for students.

13.    EFFECT OF NONCOMPLIANCE: This offer of Employment is conditional. If the Teacher does not strictly comply with all terms and conditions, this offer is null and void and the Teacher’s acceptance is of no force or effect. Failure to respond by __________________(date), will nullify this offer.

Appendix A-2

TEMPORARY TEACHING CONTRACT

(SECTION 101 – SCHOOL ACT)

<<NAME>>

<<ADDRESS>>

<<CITY>>

1.   You have been appointed to the teaching staff of Almadina Language Charter Academy pursuant to Section 101 of the School Act on a temporary teaching contract.

2.       This offer of employment and your acceptance hereof, is subject to ratification by the Board. Failure to ratify will nullify this appointment.

3.       Your employment is for the purpose of replacing a teacher employed by the Board who is absent from his/her teaching duties with the Board. Your duties will commence on _______________ and shall terminate on ____________________.

4.       Your employment is subject to the provisions of all applicable statutes of the Province of Alberta and regulations passed thereunder, such rules as may be made from time to time by the Board for the administration, management and operation of schools and school buildings under its jurisdiction and the applicable provisions of the Board’s collective agreement with the Alberta Teachers’ Association.

5.       This contract contains the entire Agreement between the parties hereto and there are no representations, warranties or collateral agreements other than those as are expressed herein.

6.       30 day notice of contract termination by either party must be stated in writing as per Section 108 of the School Act.

7.       The Teacher attests that s/he is fit for duties.

8.       OVERPAYMENT: The Teacher agrees that if at any time the Board has paid wages to the Teacher in excess of the amount due to the Teacher at the time of payment, the Board may deduct an amount equal to the overpayment from any money owing to the Teacher by the Board and the Teacher hereby irrevocably authorizes the Board to deduct such amounts. The amounts and increments will be based upon a mutually agreed timeline between the parties.

9.       NO UNTRUTHS: The Teacher expressly promises that the Teachers’ application form is truthful in all respects and the Teacher has not intentionally failed to provide the Board with any information pertinent to the Board’s decision to make this offer of employment.

10.     CRIMINAL RECORDS: The Teacher expressly promises that the Teacher has never been convicted under the Criminal Code of Canada, or similar legislation of any jurisdiction, of an offence relating to sexual misconduct, fraud, theft or physical violence.

11.     DUTY OF FIDELITY: The Teacher agrees that by accepting employment with the Board, the Teacher assumes a responsibility to at all times display conduct that is appropriate to the role of a teacher, and that serves as an appropriate role model for students.

12.     EFFECT OF NONCOMPLIANCE: This offer of Employment is conditional. If the Teacher does not strictly comply with all terms and conditions, this offer is null and void and the Teacher’s acceptance is of no force or effect. Failure to respond by ___________________(date), will nullify this offer.

Appendix A-3

CONTINUING PART-TIME TEACHING CONTRACT

(SECTION 103 – SCHOOL ACT)

<<NAME>>

<<ADDRESS>>

<<CITY>>

1.       You have been appointed to the teaching staff of Almadina Language Charter Academy pursuant to Section 103 of the School Act on a continuing part-time teaching contract.

2.       This offer of employment and your acceptance hereof, is subject to ratification by the Board. Failure to ratify will nullify this appointment.

3.       Your employment is subject to the provisions of all applicable statutes of the Province of Alberta and regulations passed thereunder, such rules as may be made from time to time by the Board for the administration, management and operation of schools and school buildings under its jurisdiction and the applicable provisions of the Board’s collective agreement with the Alberta Teachers’ Association.

4.       Specific assignment to a school and to a grade(s) level shall be made by the Board and its duly authorized Officers from time to time.

5.       This contract contains the entire Agreement between the parties hereto and there are no representations, warranties or collateral agreements other than those as are expressed herein.

6.       30 day notice of contract termination by either party must be stated in writing as per Section 108 of the School Act.

7.       The Teacher attests that s/he is fit for duties.

8.       OVERPAYMENT: The Teacher agrees that if at any time the Board has paid wages to the Teacher in excess of the amount due to the Teacher at the time of payment, the Board may deduct an amount equal to the overpayment from any money owing to the Teacher by the Board and the Teacher hereby irrevocably authorizes the Board to deduct such amounts. The amounts and increments will be based upon a mutually agreed timeline between the parties.

9.       NO UNTRUTHS: The Teacher expressly promises that the Teacher’s application form is truthful in all respects and the Teacher has not intentionally failed to provide the Board with any information pertinent to the Board’s decision to make this offer of employment.

10.     CRIMINAL RECORDS: The Teacher expressly promises that the Teacher has never been convicted under the Criminal Code of Canada, or similar legislation of any jurisdiction, of an offence relating to sexual misconduct, fraud, theft or physical violence.

11.     DUTY OF FIDELITY: The Teacher agrees that by accepting employment with the Board, the Teacher assumes a responsibility to at all times display conduct that is appropriate to the role of a teacher, and that serves as an appropriate role model for students.

12.     EFFECT OF NONCOMPLIANCE: This offer of Employment is conditional. If the Teacher does not strictly comply with all terms and conditions, this offer is null and void and the Teacher’s acceptance is of no force or effect. Failure to respond by ___________________(date), will nullify this offer.

Appendix A-4

Appendix A-4

CONTINUING FULL-TIME TEACHING CONTRACT

(SECTION 99 – SCHOOL ACT)

<<NAME>>

<<ADDRESS>>

<<CITY>>

1.        You have been appointed to the teaching staff of Almadina Language Charter Academy pursuant to Section 99 of the School Act on a continuing full time teaching contract.

2.       This offer of employment and  your acceptance hereof, is subject to ratification by the Board. Failure to ratify will nullify this appointment.

3.       Your employment is subject to the provisions of all applicable statutes of the Province of Alberta and regulations passed thereunder, such rules as may be made from time to time by the Board for the administration, management and operation of schools and school buildings under its jurisdiction and the applicable provisions of the Board’s collective agreement with the Alberta Teachers’ Association.

4.       Specific assignment to a school and to a grade(s) level shall be made by the Board and its duly authorized Officers from time to time.

5.       This contract contains the entire Agreement between the parties hereto and there are no representations, warranties or collateral agreements other than those as are expressed herein.

6.       30 day notice of contract termination by either party must be stated in writing as per Section 108 of the School Act.

7.       The Teacher attests that s/he is fit for duties.

8.       OVERPAYMENT: The Teacher agrees that if at any time the Board has paid wages to the Teacher in excess of the amount due to the Teacher at the time of payment, the Board may deduct an amount equal to the overpayment from any money owing to the Teacher by the Board and the Teacher hereby irrevocably authorizes the Board to deduct such amounts. The amounts and increments will be based upon a mutually agreed timeline between the parties.

9.       NO UNTRUTHS: The Teacher expressly promises that the Teachers’ application form is truthful in all respects and the Teacher has not intentionally failed to provide the Board with any information pertinent to the Board’s decision to make this offer of employment.

10.     CRIMINAL RECORDS: The Teacher expressly promises that the Teacher has never been convicted under the Criminal Code of Canada, or similar legislation of any jurisdiction, of an offence relating to sexual misconduct, fraud, theft or physical violence.

11.     DUTY OF FIDELITY: The Teacher agrees that by accepting employment with the Board, the Teacher assumes a responsibility to at all times display conduct that is appropriate to the role of a teacher, and that serves as an appropriate role model for students.

12.     EFFECT OF NONCOMPLIANCE: This offer of Employment is conditional. If the Teacher does not strictly comply with all terms and conditions, this offer is null and void and the Teacher’s acceptance is of no force or effect. Failure to respond by ___________________(date), will nullify this offer.