The Alberta Teachers’ Association

This agreement is made pursuant to The School Act, The Labor Relations Code, The Employment Standards Code, and the Individual Rights Protection Act.

Between:   The Aspen View Public School Division No. 78

(hereinafter called “the Employer”)

of the first part

and

The Alberta Teachers’ Association

A body corporate, incorporated under the laws of the Province of Alberta,

(hereinafter called “the Association”)

of the second part

Whereas this Association is the bargaining agent for the teachers employed by the Employer; and

Whereas the terms and conditions of employment and the salaries of the teachers have been the subject of negotiations between the parties; and

Whereas the parties desire that these matters be set forth in an agreement.

Now Therefore This Agreement Witnesseth that the parties agree as follows:

1.   RECOGNITION

1.1   This agreement applies to those employees of the Employer who as a condition of employment must possess a valid teaching certificate issued under the authority of Alberta Education, herein collectively called the teachers, or, where the context requires, teacher.

1.2   Notwithstanding Clause 1.1, the following shall be excluded from this agreement:

(a) Superintendent

(b) Associate Superintendents

(c) Chief Deputy Superintendent

(d) Directors and above

2.   EFFECTIVE DATE

2.1   Unless otherwise specifically provided for in this agreement, this agreement shall be in full force and effect from September 1, 2012 to August 31, 2016.

Notwithstanding the termination date of this agreement, if notice has been given to commence collective bargaining, the terms and conditions contained herein shall remain in full force and effect unless a new collective agreement is in effect or a strike/lockout commences, whichever occurs first.

2.2   Not less than 60 days nor more than 150 days prior to the termination of this agreement, either party may give to the other party a notice in writing of its intention to commence collective bargaining.

2.3   The first meeting shall be within 30 days of receiving notice, or any longer period agreed to by the parties.  At the first meeting both parties shall exchange particulars of all proposed amendments. Negotiations shall be limited to the items in the two lists combined except where agreed to by both parties.

3.   MANAGEMENT RIGHTS

3.1   The Employer retains all rights of management limited only by the express terms of this Agreement

4.   SALARY SCHEDULE

4.1   The Employer shall pay its teachers the salaries and allowances herein set forth and computed.  All sums mentioned herein are “per annum” unless specifically stated otherwise.

4.2   The number of years of teacher education and the years of teacher experience, as computed according to this agreement, shall together determine the basic salary rates for each teacher employed by the Employer.

4.3   Salary increases shall be provided in accordance with the legislated Framework.

4.4   The salary schedule will be as follows:

Effective September 1, 2012 to August 31, 2014 

Effective September 1, 2014 to August 31, 2015 (0.29% Increase adjusted provincial averaging)

Effective September 1, 2015 to August 31, 2016 (2% Increase)

November 1, 2015 – a one-time lump sum payment of 1% of the annual salary as set out in the Collective Agreement grid in effect as of November 15, 2015 will be paid to all teachers on contract on that date, and paid no later than the end of December 2015.

5.   ADDITIONAL ALLOWANCES

In addition to the foregoing salary there shall be paid allowances in accordance with the following schedule:

5.1   Principal’s Allowances

Effective September 1, 2012

5.1.1   Effective September 1, 2014, increase Principal’s allowances by two point four percent (2.4% plus 0.29%)

5.1.2   Effective September 1, 2015, increase Principal’s allowances by two percent (2%) as per Framework agreement. 

5.1.3   Notwithstanding, principals shall be paid a minimum allowance of:

Effective September 1, 2012 - $8,595.00

Effective September 1, 2014 - $8,827.00

Effective September 1, 2015 - $9,004.00

The Principal’s allowances are to be adjusted on the same dates and by the same percentage increases as are applied to the salary grid.

The minimum allowances are to be adjusted on the same dates and by the same percentage increases as are applied to the salary grid.

5.2   Kilometrage

5.2.1   Except where a teacher agrees otherwise, a teacher authorized or assigned by the Employer to travel by automobile to two or more schools in the performance of his or her duties shall be reimbursed at the kilometrage rate set for trustees by the Employer.

5.3   Assistant  Principal’s  Allowances

5.3.1   The Assistant Principal’s Allowance payable shall be one-half (½) the allowance payable pursuant to Clause 5.1.

5.3.2   Where there is more than one Assistant Principal a sum equal to 100 percent of that payable pursuant to Clause 5.1 shall be divided between the incumbents in the ratio of their responsibilities.

5.4   For the purpose of determining allowances based on student count, such count shall be September 30^th of each school year.

5.5   The Employer may create administrative, supervisory or other positions, where a teaching certificate is a requirement of the position.  Any allowance for the new position shall be negotiated between the Employer and the Alberta Teachers’ Association. If no agreement is reached, the Employer may proceed to fill the position with the understanding that the amount of the allowance may be on the bargaining table at the next round of negotiations.

5.6   Payment Of Allowances

5.6.1   Payment of administrative allowances shall commence on the effective date of appointment.

5.6.2   When, in the absence of the principal, an assistant principal or a teacher acts in the principal’s place for a period of five or more consecutive school days, the assistant principal or teacher shall be designated as acting principal effective the sixth consecutive school day and shall be paid as a principal for the period during which the assistant principal or teacher is so designated.

5.6.3   When in the absence of the principal, in schools where there is no assistant principal, a teacher shall be designated as acting principal effective the second consecutive school day of the principal’s absence and shall be paid at the rate of 1/200th of the principal's allowance commencing the third consecutive school day, retroactive to the first day of such designation and for the remainder of the period during which the teacher is so designated.

5.6.3.1   When a teacher in a multi-roomed school is requested to be in charge during half day up to a three day period of time when the principal is away to attend scheduled administrative meetings, seminars, conventions, or is on an academic improvement course, that teacher left in charge shall be paid fifty percent of 1/200th of that principal’s allowance for each half day that the teacher has been assigned to be in charge.  This allowance paid to the teacher in charge does not reduce that principal’s allowance.

5.6.4   A teacher assigned the responsibilities of department head shall, in addition to instructional preparation periods, be provided the equivalent of one 40-minute class period free from instructional responsibilities every second school day.

5.6.5   A teacher assigned the responsibilities of Coordinator, by the division, shall be paid an annual allowance of $12,278 effective September 1, 2012, $12,314.00 effective September 1, 2014 and $12,560.00 effective September 1, 2015 prorated to the amount of time assigned such responsibilities.  The coordinator allowance is to be adjusted on the same dates and by the same percentage increases as are applied to the salary grid.

5.6.6   There shall be no pyramiding of allowances.  Where more than one allowance could apply, the teacher shall receive the greater allowance.

5.7   A teacher who is employed to provide instruction in credit courses for the Employer's summer school shall be paid effective September 1, 2012, a base hourly rate of $64.94; effective September 1, 2014, a base hourly rate of $66.50; and, effective September 1, 2015, a base hourly rate of $67.83, inclusive of general holiday and vacation pay.  This hourly rate is to be adjusted on the same dates and by the same percentage increases as are applied to the salary grid.

6.   YEARS OF TEACHING EXPERIENCE

6.1   A year of teaching experience shall be earned by service for at least 118 teaching days as defined in Section 97 of The School Act.

6.2   Such teaching experience must be earned within consecutive years commencing September 1^st, 1995 with the Employer.  When a year of teaching experience has been earned, the teacher shall not begin to accumulate credit toward another year of teaching experience until the commencement of another school year or until February 2^nd in the event that the teaching experience is recognized on the February 1^st adjustment date.  No teacher shall lose credit for years of teaching experience being recognized at the time of the signing of this agreement.  Substitute teaching shall not be counted as teaching experience for purposes of this clause.

6.3   The number of years of teaching experience earned by a teacher prior to engagement by the Employer is counted as if it had been teaching experience in schools under the Employer’s jurisdiction.  For the purpose of this clause a year of teaching experience shall mean a year determined in accordance with Clause 6.1 above.

6.4   The adjustment date for changes in the number of years allowed for teaching experience shall be on the first teaching day of each school year, on commencement of employment, or on February 1^st, whichever is applicable, provided however that no teacher shall receive more than one experience increment in any one school year.

6.5 (a) Proof of previous experience must be received by the Employer within 60 calendar days of commencement of employment or the first day of school of the school year, whichever is applicable. Satisfactory evidence shall be deemed to include a letter of documentation from previous school boards or an affidavit, signed by the teacher, that the teacher has the experience claimed.

(b) If such evidence is submitted within the 60 calendar days, salary shall be paid according to this experience effective the date of commencement of the school year, or the date of commencement of employment, whichever is applicable.

(c) If such evidence is not submitted within the aforementioned 60 calendar days the teacher shall be paid according to the salary schedule based upon the most recent statement of experience as acceptable to the Employer, or at the minimum of the teacher’s category according to years of university education.  The teacher’s salary shall be adjusted effective the beginning of the month following submission of such evidence.

7.   YEARS OF TEACHER EDUCATION

7.1   The evaluation of a teacher’s education for salary purposes shall be determined by a Statement of Qualification issued by The Alberta Teachers’ Association Teacher Qualifications Service in accordance with the policies and principles approved by the Teacher Salary Qualifications Board established under Memorandum of Agreement among the Department of Education, The Alberta Teachers’ Association and the Alberta School Trustees’ Association dated March 23^rd, 1967.

7.2   Placement on the salary schedule shall be according to the number of years of teacher education at the first day of school of each school year, on commencement of employment, or on February 1^st, whichever is applicable.

7.2.1   Until the teacher submits proof of teacher education for salary purposes, 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 the teacher’s teaching certificate.

7.3   Proof of teacher education, or proof of having applied for same must be received by the Employer within 60 calendar days of commencement of employment, the first day of school of each school year or February 1^st, whichever is applicable.  Failure to submit proof, or proof of application within the 60 calendar days, shall result in salary adjustment commencing the month following submission of the Statement of Qualifications.  Proof of application shall be a letter of acknowledgment as provided by the Teacher Qualifications Service or a copy of the receipt from Teacher Qualifications Service acknowledging receipt of the application.

8.   VOCATIONAL TEACHERS

8.1   A career and technology studies (CTS) trade teacher is a person, who has a valid Alberta teaching certificate, and instructs at least half time of a full-time equivalent (0.5 FTE) in his or her area of trade certification as a journeyman.

8.1.1   Industrial trade experience means industrial trade experience in the area of trade certification for which the teacher will be teaching, which experience was obtained while holding a valid journeyman certificate for the area in which the teacher will be teaching.  One year of full-time industrial trade experience shall be time equivalent to 2000 hours worked per year as a journeyman.

8.1.2   The Employer will recognize a vocational teacher’s trade experience by initially placing the teacher on the grid at their years of experience in the trade divided by two and rounded up to the closest year of experience and a minimum of four (4) years of education.

8.1.3   Industrial trade experience will only be recognized if the teacher holds a journeyman certification, as a condition of employment by the Board, and if

(a) the teacher instructs in their area of trade certification as a journeyman, on at least a 0.5 full-time equivalent basis, and

(b) the teacher’s prior industrial trade experience through verifiable employment was obtained while holding a valid journeyman certificate for the area in which the teacher will be teaching, and

(c) the verifiable documents provided are either from a third party employer, or, in the case of self-employment, filed tax returns which confirm work in the area for which the teacher holds a valid journeyman certificate and will be teaching.

8.2   Following initial placement, the vocational teacher shall be entitled to the regular experience increments provided by this agreement, up to the maximum provided in the applicable category.

8.3   Advancement from one salary category to another shall be made in the same manner as for any regular teacher, with allowance as in the teacher’s previous category placement.

9.   PART-TIME TEACHERS

9.1   A part-time teacher shall mean a teacher employed under a contract of employment with the Employer whose assignment is less than that of a full-time teacher.

9.2   Teachers employed on a part-time basis shall be paid on a pro-rata basis in the proportion that their teaching assignment bears to the teaching assignment of a full-time teacher at their school.

9.3   A part-time teacher shall be provided with preparation time and supervision duties approximately proportionate to the amount of time of a teacher in a full-time assignment at his or her school.

9.4   When a teacher on a part-time contract is required to participate in activities beyond the scope of his or her normal assignment, including Professional Development Days, Parent-Teacher interviews, and assigned teacher preparation days, the teacher will be compensated accordingly.

10.   SUBSTITUTE TEACHERS

10.1   A substitute teacher means a teacher employed on a day-to-day basis.

10.2   Payment for a day of substitute teaching shall be 70 percent of one two-hundredth of the minimum of Category 4 on the salary grid, or, for one-half day or less of substitute teaching shall be one-half of the rate for a full day, inclusive of four percent vacation pay.

10.3   Rate of pay for a teacher employed on a substitute basis who fills the same teaching position for more than five consecutive school days shall be paid, effective the sixth consecutive school day, according to placement on the salary schedule subject to the terms of this agreement.

10.4   Substitute teachers shall be invited to one (1) professional development day per school year to a maximum of ten (10) eligible substitute teachers per school year.  Substitute teachers who attend the professional development day shall be paid the substitute teacher rate as per clause 10.2. Eligible substitutes are teachers not currently on contract who have taught in that school year.

10.5   Effective September 1, 2015, increase substitute teacher rates of pay by two percent (2%) as per the legislated Framework.

11.   SALARY PAYMENT

11.1   Save and except substitute teachers, the Employer shall pay each teacher one-twelfth of the teacher’s annual salary on the 27^th of each calendar month from September through June and on or before the last banking Friday in July and August by way of electronic transfer of salary into each teacher’s bank account.

11.2   The Employer shall pay substitute teachers on or before the tenth day of the month following their service.

12.   ASSISTANT PRINCIPALS

12.1   No teacher designated as assistant principal at the time of signing of this agreement shall have that designation terminated by reason of the Employer’s decision to eliminate the position, unless an alternate arrangement is recommended by the Superintendent in consultation with the Principal involved.

13.   SICK LEAVE

13.1   During the first year of employment with the Employer each teacher shall be granted 20 days of sick leave credits on the basis of two days per month.  After completion of one year of employment with the Employer a teacher shall be granted 90 calendar days of sick leave credits provided continuity of employment remains unbroken.

13.1.1   During the first year of employment should sick leave exceed the accumulated number of days of sick leave entitlement, resulting in salary deduction, subsequent accumulated sick leave entitlement in the same school year shall be applied and any salary adjustment required shall be made on the last cheque issued to the teacher for the current school year.

13.1.2   A teacher who, on the effective date of this agreement was credited with more than 90 days of sick leave credits, shall retain such credits subject to reductions arising out of claims made in accordance with the terms of this agreement until the sick leave credits of the teacher are reduced to 90 calendar days.

13.1.3   After one year of continuous service a teacher who returns to duty after absence due to illness shall be credited with 90 calendar days of sick leave credits.

13.1.3.1   Notwithstanding Clause 13.1.3, a teacher upon returning to duty from a period of sick leave in excess of three consecutive teaching days but less than 91 consecutive calendar days will, if that teacher does not take any sick leave during the first 10 consecutive teaching days following return to duty, thereafter have their sick leave entitlement reinstated to 90 calendar days.  If sick leave is taken during the first 10 consecutive teaching days following return to duty, sick leave shall only be available to the extent of the unused portion of the initially available 90 calendar days.

13.1.4   Notwithstanding the foregoing, teachers in their first year of employment will be entitled to ninety (90) calendar days of sick leave only in the event that the teacher is continuously absent in excess of ninety (90) calendar days and is approved for extended disability benefits (EDB).

13.2   If a teacher is absent from school duties to obtain necessary medical or dental treatment, or because of accident, disability or sickness for a period or periods exceeding the teacher’s sick leave credits, the teacher shall be paid the teacher’s salary to the extent of the sick leave which stands to the teacher’s credit and the teacher’s sick leave shall then be reduced accordingly.

13.3   If a teacher is absent from school duties to obtain necessary medical or dental treatment or because of accident, disability or sickness for a period of more than three consecutive teaching days, the teacher may be required to present a medical certificate to the Superintendent of Schools, or designate, upon the teacher’s return to duty.

13.3.1   Notwithstanding Clause 13.3, a teacher may be required to provide a medical certificate to the Superintendent of Schools, or designate, on the fourth consecutive day of absence from duty.

13.4   A teacher who is absent from school duties to obtain necessary medical or dental treatment or because of accident, disability or sickness for a period of three consecutive teaching days or less may be required by the Superintendent of Schools or designate to present a signed medical statement giving the reason for such absence upon returning to duty.

13.5   The Employer, at its expense, may require a medical examination by a medical practitioner of its choice.

13.6   Clause 13.1 notwithstanding, no teacher shall lose credit for days already accumulated beyond the limits set.  Where excess sick leave has been used, the limits in Clause 13.1 shall apply.

13.7   A teacher who meets the qualifying period for EDB under the Alberta School Employee Benefit Plan shall apply for such benefits and shall not be eligible to receive sick leave benefits under this article.

14.   HEALTH PLAN BENEFITS

14.1   The Employer shall contribute 100 percent of teachers’ premiums payable for benefits under the provisions of the Alberta School Employee Benefit Plan, Life and Accidental Death and Dismemberment Insurance, Schedule 2.  All teachers on staff shall be members of ASEBP as a condition of employment.

14.2   The Employer shall contribute 100 percent of teachers’ premiums payable for benefits under the provisions of the Alberta School Employee Benefit Plan, Extended Health Care Benefits- Plan 1. All teachers on staff shall be members of ASEBP – EHC as a condition on employment.

14.3   Commencing September 1, 2011 the Employer shall pay 70% of the premium payable per month for Alberta Health Care.

14.4   The Employer shall contribute 100 percent of the premiums payable for the ASEBP Dental Care, Plan 3 for all participating employees.

14.5   The Employer shall contribute 100 percent of the premiums payable for the ASEBP Vision Care, Plan 3 for all participating employees.

14.6   The Employer shall pay 100% of premiums payable for benefits under the provisions of the Alberta School Employee Benefit Plan, Extended Disability Benefits- Plan D.

14.7   The Employer shall apply its share of premiums specified for all participating teachers enrolled in the applicable group insurance plans in the following order:  Extended Health Care; Dental Care; Extended Disability Plan D; Vision Care; Life, Accidental Death and Dismemberment; Alberta Health Care.

14.8   Premiums paid by the Employer will be contributed on a pro-rata basis for part-time teachers.

14.9   Notwithstanding clauses 14.2,14.3 and 14.4, any teacher who has equivalent coverage provided through their spouse may be exempt from the condition of employment as identified in article 14.2.

14.10   Payments made towards benefit plans by the Employer shall permit the Employer to retain and not pass on to teachers any rebates of premiums otherwise required under Canada Employment Insurance Commission regulations.

14.11   The Employer will establish for each teacher a Health Care Spending Account that adheres to Canada Customs and Revenue Agency requirements. The Employer will contribute $51.67 per month for each FTE teacher. This contribution shall be pro-rated for teachers employed less than full-time with the Employer. The unused balance will be carried forward for a total accumulation of two years. The teachers leaving the employ of the Employer will forfeit any remaining balance.

15.   PROFESSIONAL IMPROVEMENT LEAVE

15.1   Professional improvement leave shall mean a leave of absence granted by the Employer at its discretion on application by a teacher for study designed to improve the teacher’s academic or professional education.

15.2   To be eligible for professional improvement leave the teacher shall have served the Employer for at least five years.  The Employer, however, may grant a professional improvement leave to a teacher regardless of years of service with the Employer.

15.3   A teacher who is granted professional improvement leave shall give an undertaking in writing to return to the teacher’s duties following the expiration of the teacher’s leave and shall not resign or retire from teaching service other than by mutual agreement between the Employer and the teacher, for a period of at least two years after resuming the teacher’s duties.  Should a teacher fail to comply with this clause the teacher shall repay the allowance on a pro-rata basis.

15.4   All applications for professional improvement leave for a full year or for a semester shall be submitted to the Employer by March 1^st preceding the school year in which the professional improvement leave is to commence.  All applications for professional improvement leave for the spring session shall be submitted by the 31^st of December preceding the session in respect of which the application is made.

15.5   The Employer after reviewing the applications shall notify by April 1^st following the deadline for application as to whether or not the applicant is granted professional improvement leave.

15.6   A teacher who is granted professional improvement leave for the year shall receive a salary for professional improvement leave payable in 10 equal installments on the last day of each month as follows:  70 percent of the teacher’s pay.

15.6.1   Professional improvement leave may be granted for spring classes at a post-secondary institution. A teacher granted such leave shall receive as salary 20 percent of the annual professional improvement leave allowance in two equal monthly installments.

15.7   Prior to leave being granted, the Employer and the teacher shall agree to the terms and conditions of resumption of duties on the part of the teacher.

16.   LEAVE OF ABSENCE

16.1   Leave for Bereavement and Critical Illness

16.1.1   Temporary leave of absence necessitated by critical illness or death of a spouse, parent or child shall be granted by the Employer, with pay and benefits, for a time up to and including five days.

16.1.2   Temporary leave of absence necessitated by critical illness or death of a brother, sister, parents of spouse, brother-in-law or sister-in-law, son-in-law, daughter-in-law, grandparent, grandchild, grandparent of spouse or a member of the teacher’s household shall be granted by the Employer, with pay and benefits, for a time up to and including three days. Additional compassionate leave, where required, may be granted upon application to the Employer.

16.1.3   For purposes of Clause 16.1, critical illness shall be determined by a certificate from a medical doctor if required by the Employer.

16.1.4   Temporary leave of absence necessitated by death of an uncle, aunt, niece or nephew shall be granted by the Employer, with pay and benefits, less the cost of a sub, for a time up to and including one day.  Additional compassionate leave, where required, may be granted upon application to the Employer.

16.2   Leave For Negotiations And Association Business

16.2.1   Leave of absence for salary negotiations shall be granted to a maximum of three teachers of the Employer without loss of salary or benefits provided that an amount equal to the salary of a substitute teacher as provided by Clause 10.2 is paid by the Association to the Employer for each day of such leave.

16.2.2   Where the Employer grants leave for Association business, such leave shall be without loss of salary or benefits provided than an amount equal to the salary of a substitute teacher as provided in Clause 10.2 is paid by the Association to the Employer for each day of such leave.

16.3   Maternity Leave

16.3.1   A teacher who is pregnant shall be entitled to maternity leave to a maximum of 18 weeks which shall be granted as specified below:

16.3.2   Effective on the date of the signing of this contract, when a teacher is unable to attend work for medical reasons associated with her pregnancy, the teacher shall be eligible for one of the following options:

(a) if the absence begins prior to 10 or more weeks before the estimated date of delivery and continues without return to work, the teacher shall access sick leave until such point as the teacher is eligible to apply for EDB.

(b) if the absence begins within the 10 week period before the estimated date of delivery , or on the date of delivery, the teacher shall choose either (i) or (ii) below. Such choice will apply until the teacher returns to work following delivery and will be irrevocable.

(i) access the Earning Stabilization Plan (ESP) for the health related portion of the maternity leave as in clause 16.3.7, or

(ii) access sick leave as specified in clause 13.

16.3.3   The maternity leave shall begin at the discretion of the teacher but no later than the birth of the child.  The teacher shall notify the Employer of the anticipated date that the leave will commence.  The teacher shall confirm this date at least four weeks prior to the commencement of the leave.

16.3.4   The Employer may request a statement from a physician indicating the approximate date of delivery. Four (4) weeks prior to the intended date of return to work the teacher shall provide written confirmation to the Employer of the intended return date.

16.3.5   Maternity leave shall be without pay and without the Employer’s share of benefit premium contributions except for the portion covered by Clause 13 (Sick Leave) or the ESP.

16.3.6   On expiry of the maternity leave, the teacher will be returned to the same or comparable position as that held before the commencement of the leave.

16.3.7   The Employer shall implement an Earning Stabilization Plan (ESP). The benefit level paid under the plan shall be 100 percent of the employee’s regular weekly earnings, calculated by multiplying the number of school days in the week by 1/200 of annual salary. The combined weekly rate of the employment insurance benefit and the ESP payment will not exceed 100 percent of the employee’s regular weekly earnings.

16.3.8   The ESP will be paid for 13 weeks or for a period equal to the teacher’s sick leave entitlement, whichever is less.

16.3.9   The teacher must prove that she is in receipt of employment insurance benefits in order to receive payment under the ESP.

16.3.10   The ESP is payable for a period during which an employee is not in receipt of employment insurance benefits if the only reason for non-receipt is that the claimant is serving the 2 week employment insurance waiting period.

16.3.11   The ESP can be accessed only for school days.

Effective September 1, 2014:

16.3.1   Teachers are entitled to maternity leave for a maximum period of 18 weeks commencing on a date of their choosing, but no later than the birth of the baby.

16.3.2   Where possible, written notice of intent to take such leave will be forwarded to the superintendent or designate at least six weeks prior to commencement of the leave.

16.3.3   The Employer shall pay the portion of the teacher’s benefit premiums specified in article 14 of this collective agreement for the duration of the SUB plan.

16.3.4   The teacher on maternity leave shall be eligible for one of the following options:

(a) If the absence begins prior to 10 weeks before the estimated date of delivery and continues without return to work, the teacher shall be placed on sick leave until such point as the teacher is eligible to apply for extended disability benefits.

(b) If the absence begins within the 10 week period before the estimated date of delivery or on the date of delivery, the teacher shall choose either clause i) or ii) below. Such choice shall apply until the teacher returns to work following delivery or until the teacher returns to work from maternity leave.

(i) The Employer shall implement and maintain a supplementary unemployment benefits (SUB) plan which shall provide teachers on maternity leave with 100 per cent of their weekly salary under the SUB plan during 15 weeks of leave. The Employer shall pay the portion of the teacher's benefit plan premiums specified in article 14 of the collective agreement for the 15 week period.

(ii) The teacher may access sick leave entitlement with pay as specified in article 13 of the collective agreement for the period of sickness or disability.

16.3.5   At least 30 days prior to the date on which the teacher intends to return to work, written notice must be forwarded to the superintendent or designate.

16.3.6   Following the maternity leave, a teacher shall return to the same position occupied at the commencement of the leave or a mutually agreed upon position.

16.3.7   For the purposes of this leave medical certification of proof of pregnancy, birth and requirement for sick leave may be provided by a doctor or a midwife.

16.4   Adoption/Parental Leave

16.4.1   Teachers shall be granted adoption/parental leave without pay.

16.4.2   The teacher shall provide the Employer with six weeks written notice of the teacher’s intent to commence parental/adoption leave. In the case of adoption such notice will be given at the earliest possible date.

16.4.3   Adoption/parental leave will be for a maximum of 37 weeks and will be completed within 52 weeks of the child’s birth or placement in the case of adoption.

16.4.4   The teacher will be returned to the same or comparable position as that held before the commencement of the leave.

16.4.5   The teacher shall notify the Employer in writing of the intent to return to work at least 30 days prior to the end of the leave.

16.5   Family Leave

16.5.1 (a) Leave of absence without pay or benefits will be granted to either parent for periods of one, two or three full school years for the purpose of either parent wishing to maintain tenure with the Employer during a time in which the parent may be required or desire to meet child rearing responsibilities.  Such leave will be granted on the basis of annual renewals prior to May 15^th and not to exceed two renewals.  In any case, teachers shall provide the Employer with at least six (6) weeks notice to commence leave.

(b) Notwithstanding 16.5.1(a), approved leaves of this nature shall be to a maximum of three (3) years over the course of employment with the Employer.

16.5.2   Leaves granted under this clause are subject to the teacher being guaranteed a position on return to duty after the leave has expired.  All reasonable effort will be made to return the teacher to the same school where he or she had been assigned prior to taking leave.

16.6   Part-Time Leave

16.6.1   Any teacher employed on a full-time (1.0 FTE) continuous contract as of September 1^st, 1995 who agrees to employment on a part-time leave shall be given a part-time continuing contract for a period of one year and, notwithstanding Section 103(2) of The School Act, that contract shall be for a specified portion of a full-time equivalent which shall not be varied except by mutual consent.

16.6.2   At the end of the initial or any subsequent time period the teacher shall return to a full-time contract unless, prior to May 1^st, the teacher and the Employer agree to renew the part-time leave arrangement, for a new time period.  Nothing in this clause precludes any change in the contract by mutual consent.

16.6.3   The teacher shall be returned to a mutually agreed on position or returned to the position held prior to the part-time leave assignment.  Should the position no longer exist, the teacher shall be placed in a position commensurate with the teacher’s experience and training.  Should the teacher continue in the part-time leave beyond one year, when returning to a full-time position shall be placed in a position commensurate with the teacher’s experience and training.

16.7   Paternity leave

Two days of leave shall be granted with full pay for the birth of their child.

17   OTHER LEAVES OF ABSENCE

17.1   Family Medical Leave

17.1.1   Three days per school year leave shall be granted with full pay and benefits for necessary family medical attention, provided that the teacher’s number of sick leave credits, as granted by Clause 13.1 is reduced by a corresponding amount.  Upon request of the Employer, a medical certificate shall be provided in order to establish eligibility for benefits under this clause.

17.2   Personal Leave Days

17.2.1   A maximum of one day per school year shall be granted for personal reasons provided that an amount equal to the salary of a substitute, as provided by Clause 10.2, is forthcoming to the Employer through payroll deductions or payment from other source.

17.2.2   The unused portion of personal leave shall accumulate to the credit of each teacher to a maximum of three days.  If two or three days are to be taken on consecutive school days, it shall be at a time mutually agreeable to the principal and the teacher.

Effective September 1, 2014:

17.2.1   A personal leave of absence will be granted by the superintendent at a mutually agreeable time for up to two days per school year.  The first of these days shall be at full salary and the remaining day shall be at full salary less the cost of a substitute.

17.2.2   Personal leave days not used in a year may be carried forward to the next year.  Unused personal days may accumulate to a maximum of two (2) days with full pay, and two (2) days with cost of sub.  Personal leave days shall be at a time mutually agreeable to the superintendent and the teacher.

17.3   Leave of absence without loss of salary shall be granted:

17.3.1   for jury duty or any summons related thereto:

to answer a subpoena or summons to attend as a witness in any proceeding authorized by law to compel the attendance of witnesses provided that the teacher remits to the Employer any witness fee or jury stipend (excluding allowances and./or expenses) set by the court or other body and further, provided that the teacher is not found guilty of any offense.

17.4   Additional leaves of absence may be granted by the Employer, with or without pay, at the discretion of the Employer.

18.   THE SCHOOL YEAR

18.1   No teacher will be required to render services for more than 200 days in any school year

18.2   Those teachers designated as administrative or supervisory personnel will so organize their work that their school and/or functional responsibilities will be ready for operation on the opening day of school of each school year.

18.3   The Employer shall provide a minimum of one hour per month for staff meetings during the regular school day.

19.   TRANSFERS

19.1   Voluntary Transfers

19.1.1   The Employer will establish a procedure by which teachers may request transfer to another school.  The procedure must be posted in each school in an appropriate location.

19.1.2   Teachers who desire a transfer to another school must file a written statement with the Superintendent prior to March 31^st, annually.  Such statement must include the subjects and/or grade levels desired and the school(s) to which the teacher seeks transfer.

19.2   Involuntary Transfers

19.2.1   Where the Superintendent initiates a teacher’s transfer to another school, the Employer shall pay the reasonable moving expenses necessarily incurred as a result of such transfer provided that such transfer requires a change of residence.

20.   GRIEVANCE PROCEDURE

20.1   Any difference between any employee covered by this agreement and the Employer, or in a proper case between the Alberta Teachers’ Association and the Employer concerning the interpretation, application, operation or alleged violation of this agreement, and further, including any dispute as to whether the difference is arbitrable, shall be dealt with as follows without stoppage of work or refusal to perform work.

20.2   Step 1

The grievor shall make an effort to resolve the difference informally and shall inform the Chairman of the Economic Policy Committee of the Aspen View Local ATA and the Coordinator of Teacher Welfare of the Alberta Teachers’ Association and the Secretary-Treasurer of the Employer, within twenty (20) instructional days from the time the grievor first had knowledge of the difference. If the grievor is not satisfied, they may proceed to Step 2.

20.3   Step 2

20.3.1   In the event the difference is not settled within thirty (30) instructional days from the time the grievor first had knowledge of the difference, then on or before a further five (5) instructional days the grievor shall submit the difference in writing to the Superintendent or designate and the Chairman of the Economic Policy Committee of the Aspen View Local ATA, who shall forward a copy to the Coordinator of Teacher Welfare of the Alberta Teachers’ Association. The written submission shall set out the article or articles of this collective agreement which are alleged to have been violated and the remedy being sought. If the difference is not settled within ten (10) instructional days of the written submission, the grievor may proceed to Step 3.

20.3.2   In the case of a difference between the Alberta Teachers’ Association and the Employer, either party may institute a grievance by, in the case of the Alberta Teachers’ Association, forwarding written particulars of the grievance to the Superintendent of Schools of the Employer and in the case of the Employer, by forwarding particulars of the grievance to the Coordinator of Teacher Welfare of the Alberta Teachers’ Association within 20 instructional days from the time the grievor first had knowledge of the difference.  If the grievance is not resolved after 20 instructional days, the grievor may proceed to Step 3.

20.4   Step 3

If the decision in Step 2 does not resolve the grievance, then either party may, by written notice served on the other party, require the establishment of an arbitration board as herein provided.  With respect to 20.3.1, such notice may be given within 10 days after the time limits in 20.3.1 or the date the Employer renders its decision, whichever is shorter.  With respect to 20.3.2, within 10 days of the time limit in 20.3.2.

20.4.1   Each party shall appoint one member as its representative on the Arbitration Board within seven days of such notice and shall so inform the other party of its appointee.  The two members so appointed shall, within five days of the appointment of the second of them appoint a third person who shall be the chairman.  In the event of any failure to appoint, any party may request the Director of Mediation Services to make the necessary appointment.

20.4.2   The Arbitration Board shall determine its own procedure but shall give full opportunity to all parties to present evidence and to be heard.

20.5   The Arbitration Board shall not change, amend or alter any of 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 provision of this agreement or that involves the determination of a subject matter not covered by, or arising during the term of this agreement.

20.5.1   The findings and decision of a majority is the award of the Arbitration Board and is final and binding upon the parties and upon any employee affected by it.  If there is not a majority, the decision of the chairman governs and it shall be deemed to be the award of the Board.

20.6   The Arbitration Board shall give its decision not later than 14 days after the appointment of the chairman, provided however that this time period may be extended by written consent of the parties.

20.7   Each party to the grievance shall bear the expense of its respective appointee and the two parties shall bear equally the expense of the chairman.

20.8   All the aforesaid time limits referred to in the grievance procedure shall be exclusive of Saturdays, Sundays and statutory holidays.

20.8.1   In the event, at any stage of the aforesaid procedure (except in respect of appointing persons to the Board)  the grieving party fails to take the necessary actions within the time limits specified, the grievance shall be deemed to be at an end.

20.8.2   Any of the aforesaid time limits may be extended at any stage upon the written consent of the parties.

21.   PROBATIONARY PERIOD

21.1   A teacher who does not have a continuing contract shall be notified by the Employer thirty days prior to the end of the current school year as to whether or not the teacher will be offered another contract.

22.   SUCCESSORS

22.1   This agreement shall enure to the benefit of and be binding upon the parties and their successors.

23.   TEACHER BOARD ADVISORY COUNCIL

23.1   The Employer and The Alberta Teachers’ Association recognize the advantages and acknowledge the mutual benefits to be derived from effective communication between trustees, teachers and administrators.

23.2   The parties hereby agree that there shall be constituted a Teacher Board Advisory Committee in the Employer’s jurisdiction for the purpose of considering matters of concern related to school affairs including proposed educational policy changes and changes in conditions of professional service and communicating thereon the views of the respective parties

23.3   The Teacher Board Advisory Committee shall consist of authorized representatives of teachers, elected Board members and their appointees.

23.4   This committee shall meet initially within the first three (3) months of the school year.  Further meetings shall be upon the request of either party.

24.   SUBROGATION

24.1   If a teacher receives sick leave benefits because the teacher was injured through the fault of another party, the Employer has subrogation rights. The teacher may make a claim to recover the amount of these benefits from the other party. Depending upon the amount of the claim for sick leave benefits, the teacher may be obligated to reimburse the Employer for any benefits which have been or will be paid by the Employer.

LETTER OF UNDERSTANDING I

RE: PRINCIPAL LIEU DAYS

Effective September 1, 2013, school-based principals will be granted two (2) paid leave day(s) per school year, at a time mutually agreeable to the principal and the superintendent or designate.  Failing agreement about whether the dates are mutually agreeable to the principal and the superintendent, the Employer shall pay out the unused paid leave days at 1/200^th of the principal’s annual salary and allowance by the end of June each year.  This letter of understanding does not provide additional days of leave beyond that which is currently provided through policy for school-based principals, but rather assures that unused days shall be paid out by the end of June each year.  This letter expires and shall have no further force and effect as of June 30, 2016.

LETTER OF UNDERSTANDING 2

RE: VICE PRINCIPAL LIEU DAYS

Effective September 1, 2014, school-based vice-principals will be granted two (2) paid leave day(s) per school year, at a time mutually agreeable to the vice principal and the superintendent or designate.  Failing agreement about whether the dates are mutually agreeable to the vice-principal and the superintendent, the Employer shall pay out the unused paid leave days at 1/200^th of the vice principal’s annual salary and allowance by the end of June each year.  This letter of understanding does not provide additional days of leave beyond that which is currently provided through policy for school-based vice-principals, but rather assures that unused days shall be paid out by the end of June each year.  This letter expires and shall have no further force and effect as of June 30, 2016.

LETTER OF UNDERSTANDING 3

RE: JOB SHARING

Employer will develop language in Administrative Procedures to deal with Job Sharing.  Job Sharing should not be at any additional cost to the Employer.

LETTER OF UNDERSTANDING 4

RE: Participation in an ASEBP Wellness Spending Account Pilot Project

WHEREAS the collective agreement between the parties, for the term of September 1, 2012 to August 31, 2016, specifies pursuant to clause 13.B.11, that the Employer will establish for each teacher a Health Care Spending Account that adheres to the Canada Customs and Revenue Agency requirements;

AND WHEREAS the parties have agreed to agree to participate in a pilot project offered by the Board's insurer, the Alberta School Employees Benefit Plan (ASEBP), underwhich teachers will be given the option of allocating all or a portion of their annual Health Care Spending Account credit to a Wellness Spending Account, for the 2014-2015; 2015-2016 school years;

NOW THEREFORE the parties agree as follows:

1.            The parties acknowledge and agree that the above recitals are true and accurate.

2.            That the purpose of the Board's participation in the pilot program is to allow teachers to allocate all or a portion of their annual Health Care Spending Account (HSA) credit to a Wellness Spending Account (WSA), operated as a pilot project through the Alberta School Employees Benefit Plan (ASEBP) for the 2014/2015; 2015-2016 school years only.

3.            The parties acknowledge and agree that a teacher's decision to participate in the pilot project, and to allocate all or a portion of their annual HSA credit to a WSA, must be done in accordance with the terms and conditions of the WSA Plan as offered by ASEBP, which terms and conditions are outlined in the ASEBP Spending Accounts Guide for HSAs and WSAs, which Guide will be made available to each of the employees.

4.            Any teacher wishing to participate in the pilot project must first complete and return the credit allocation form referred to in the ASEBP Spending Accounts Guide for HSAs and WSAs, before the 21st of November 2014 and that any credit allocation made on or before the 21st of November, 2014 is irrevocable for ASEBP's benefit year (September 1, 2014 to August 31, 2015). Selection for the 2015-2016 school year would need to be made by the date established by the ASEBP.

5.            The parties further acknowledge and agree that any benefits provided through the WSA, to each participating teacher, are taxable and will be reported as income. ASEBP shall be responsible to issue T4As for all expenses reimbursed under the WSA.

6.            ASEBP shall be responsible for the administration of the WSA.

7.            The WSA will be offered for the term of September 1, 2014 through to the following August 31, 2016. Teachers who have elected to participate in the program may submit eligible expenses any time during the plan year.

8.            This letter of understanding shall have no further force and effect as of October 30, 2016, on the expiry of the run-off period for filing of expense claims for the WSA, unless the pilot project itself, is otherwise terminated by ASEBP at an earlier date.