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This Collective Agreement is made in duplicate this day of , 2015, pursuant to the School Act, and the Labour Relations Code.
Between
Aurora Academic Charter School Limited
(hereinafter called “the Employer”)
and
The Alberta Teachers’ Association
A body corporate, incorporated under the laws of the Province of Alberta,
(hereinafter called “the Association”)
Whereas, the Association is the duly certified bargaining agent for the teachers employed by the Employer, and
Whereas, such teachers’ terms and conditions of employment and their salaries have been the subject of negotiation between the parties, and
Whereas, the parties desire that these matters be set forth in an agreement to govern the terms of employment of the teachers.
1. SCOPE
1.1 This Agreement applies to those employees of the Employer who as a condition of their employment must possess a valid teaching certificate issued under the authority of the Ministry of Education, the Province of Alberta, herein collectively called the teachers, or, where the context requires, teacher.
1.2 Notwithstanding clause 1.1, the Superintendent shall be excluded from this Agreement.
2. TERM AND EFFECTIVE DATE
2.1 Unless specifically provided for in this Collective Agreement, this Collective Agreement takes effect on the first day of the month following ratification by both parties, and remains in effect until August 31, 2018.
2.2 Either party may give to the other, not less than 60 days nor more than 120 days prior to the termination of the Collective Agreement, a notice in writing of its intent to commence collective bargaining.
2.3 At the first meeting between the parties following such notice, the parties shall exchange particulars of all amendments they seek. Negotiations shall be limited to the items in the two lists combined, except by mutual agreement.
3. SALARY SCALE
3.1 The Employer shall pay its teachers the salaries and allowances as herein set forth and computed. All sums mentioned herein are per annum unless specifically stated otherwise.
3.2 The number of complete years of teacher education and the years of teaching experience, as computed according to this Agreement, shall together determine the basic salary rate for each teacher employed by the Employer.
3.2.1 (a) Salary grid effective September 1, 2015
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CATEGORY
|
|
Four Years Teacher Education
|
Five Years Teacher Education
|
Six Years Teacher Education
|
0
|
59,357
|
62,757
|
66,601
|
1
|
62,741
|
66,141
|
69,986
|
2
|
66,126
|
69,527
|
73,371
|
3
|
69,510
|
72,912
|
76,755
|
4
|
72,895
|
76,298
|
80,139
|
5
|
76,281
|
79,682
|
83,525
|
6
|
79,665
|
83,067
|
86,909
|
7
|
83,049
|
86,451
|
90,293
|
8
|
86,434
|
89,835
|
93,678
|
9
|
89,819
|
93,221
|
97,063
|
10
|
93,917
|
97,319
|
101,162
|
September 1, 2016 – Grid to be adjusted per Edmonton School District No 7 grid.
September 1, 2017 – Grid to be adjusted per Edmonton School District No 7 grid.
4. ADMINISTRATIVE ALLOWANCES
4.1 Principal—Base allowance $26,000
4.1.1 For schools of 451–500 students $27,000
4.1.2 For schools of 501 or more students $28,000
4.1.3 The above rates shall be applicable for the 2015–16 school year; for subsequent years they shall be adjusted by the percentage salary increases shown in 3.2.1
4.2 Assistant Principal—50% of the allowance of the principal to whom he or she reports.
5. INITIAL SALARY PLACEMENT AND UNIVERSITY EDUCATION
5.1 The evaluation of a teacher shall be determined by a statement of qualifications from the Alberta Teachers’ Association, Teacher Qualifications Service (TQS).
5.2 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.
5.3 The teacher must supply written verification of teaching experience from all previous employers.
5.4 Until the teacher submits satisfactory evidence of qualifications and experience, or proof of having applied for same, 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 or her teaching certificate and on the salary schedule at step 0.
5.5 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 February 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 February 1, the adjusted salary will be applied retroactively to the respective date.
5.6 Only one year of education increment shall be granted per school year.
5.7 Experience Increments
5.7.1 A year of teaching experience shall be earned by teachers performing required duties for at least 120 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.
5.7.2 Days employed as a substitute teacher, as reported in writing by the Secretary-Treasurer, within the preceding three years shall count towards experience.
5.7.3 No teacher shall earn more than one experience increment in any one school year.
5.7.4 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.
5.7.5 The Board shall only recognize 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 under the guidelines of Alberta Education.
5.7.6 The Board shall only recognize years of previous teaching experience for salary purposes provided such previous teaching experience was earned outside Alberta but in Canada.
6. SUBSTITUTE TEACHERS
6.1 Substitute teachers will be paid $225 for a full day and $135 for a half day.
6.2 Substitute teachers employed for a period of six 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 sixth and consecutive subsequent days in the same assignment. This period of consecutive employment during the school year shall not be considered interrupted or nonconsecutive, if a holiday, teachers’ convention, professional day or such other Board-regulated break (excluding Summer Break) interrupts the substitute teacher’s continuity in the classroom.
7. SALARY PAYMENT
7.1 Salaries will be paid by electronic deposit to the financial institution of the employee’s choice, 1/12 of the annual salary (taking into consideration any necessary adjustments) by the second last banking day of each month.
8. SICK LEAVE
8.1 Sick leave with pay will be provided for the purpose of obtaining necessary medical or dental treatment or on account of injury, illness or disability.
8.2 Sick leave will be treated in accordance with the Employer’s short-term disability insurance plan. Except in the case of an accident (when the disability plan takes effect immediately), sick leave with full salary will be granted for the first seven days. On the eighth day, the disability plan shall take effect.
8.3 The total amount of sick leave with pay taken in a school year shall not be more than:
20 teaching days, or the total number of teaching days determined by dividing by 9 the total number of teaching days that the employee taught for the Employer during the contract year, whichever is the lesser number of days.
The Employer may require the employee to provide: a statement substantiating the illness,
8.3.1 on the attached form;
8.3.2 a certificate from the employee’s attending medical or dental practitioner, providing either the anticipated date of return to work, or, if that is not available, the date of the next medical assessment; and
8.3.3 any other information required by the Employer’s short-term disability insurer. This information is to be provided directly to the disability insurer, and not to the Employer.
8.4 Family Medical Leave—A teacher may use up to three days of his or her sick leave entitlement per school year in order to attend to the medical needs of his or her sick child, grandchild, spouse, parent, or an individual who resides in the teacher’s household.
9. BENEFIT PLANS
9.1 The Employer shall contract for and implement the following group benefit plans:
9.1.1 Life Insurance
9.1.2 Accidental Death and Dismemberment
9.1.3 Dependent Life Insurance
9.1.4 Short-term Disability
9.1.5 Long-term Disability Insurance
9.1.6 Extended Health Care
9.1.7 Dental Care Insurance
9.2 The payment of contributions for the plan as set out in 9.1 above shall be as follows:
9.2.1 Life Insurance. The employee shall pay100% of the cost of Life Insurance premiums.
9.2.2 Accidental Death and Dismemberment. The employee shall pay 100% of the cost of Accidental Death and Dismemberment premiums.
9.2.3 Dependent Life Insurance. The employee shall pay 100% of the cost of Dependent Life Insurance premiums.
9.2.4 Short-term Disability. The Employer shall pay 100% of the cost of Short-term Disability premiums.
9.2.5 Long-term Disability Insurance. The employee shall pay 100% of the cost of Long-term Disability Insurance.
9.2.6 Extended Health Care. The Employer shall pay 100% of the Extended Health Care premiums.
9.2.7 Dental Care Insurance. The Employer shall pay 100% of the cost of Dental Care premiums.
9.3 Health Spending Account
9.3.1 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 (HSA). Eligible teachers shall be actively at work, on maternity/parental/adoption 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.
9.3.2 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.
9.3.3 Effective January 1, 2016, the Board will contribute $500 per teacher per calendar year to be paid in quarterly installments. The HSA is pro-rated for part-time teachers.
10. LEAVES OF ABSENCE
10.1 Compassionate leave shall be approved by the Employer in a case of critical illness or death of the employee’s spouse, son, daughter, father, mother, sister, brother, grandparent, father-in-law, mother-in-law, daughter-in-law, sister-in-law, son-in-law, brother-in-law, or grandparent of spouse:
10.1.1 For critical illness, up to four operational days without loss of salary.
10.1.2 For death, up to five operational days without loss of salary.
10.1.3 The length of leave provided for in article 10.1.1 or 10.1.2 may be extended at the discretion of the Employer, should additional time be required for travel.
10.1.4 Notification of compassionate leave must be given to the Superintendent. The Employer may require documentation to verify the reason for the absence.
10.1.5 Leave may be granted for up to one day to attend the funeral of someone not named in 10.1.
10.2 Leave of up to two operational days per school year without loss of salary shall be approved for an employee to attend his or her convocation or the convocation of an immediate family member. This leave shall be limited to one day for convocations held in the Greater Edmonton-Calgary corridor. In exceptional circumstances, at the discretion of the Superintendent, this leave may be extended to the second day.
10.3 In consultation with the Superintendent, and with two weeks’ notice where operationally possible, a teacher other than those covered in 10.3.2, below, shall be granted up to two days personal leave with pay, less cost of a substitute teacher, per school year, except where circumstances put such a leave in conflict with the interests of the school.
10.3.1 Teachers taking personal leave are solely responsible for securing substitute teacher coverage on those days. Personal leave may not be taken if substitute teacher coverage cannot be provided.
10.3.2 Any employee under contract for 61 to 100 days in a school year may be granted 1 day personal leave with pay, less cost of a substitute teacher, per school year.
10.4 Additional Leave: With approval of the Superintendent, additional leave of absence may be granted by the Employer with or without pay.
10.5 Extended Leave: Leave of absence without pay, allowances and other benefits may be granted to any employee by the Employer for a period not to exceed one school year, subject to the following conditions:
10.5.1 The employee shall apply to the Employer in writing prior to March 1 of the current year. The applicant shall set forth the reasons for the request.
10.5.2 The employee shall notify the Employer, prior to March 1 of the following year of his or her intention to return to teaching duties.
10.6 Leave of absence without loss of salary and benefits shall be granted:
(a) for jury duty or any summons related thereto,
(b) to answer a subpoena or summons to attend as a witness in any proceedings authorized by law to compel the attendance of a witness 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.
(c) 10.6 (b) shall not apply when the teacher or the Association is taking action against the Employer.
11. MATERNITY AND PARENTAL LEAVE
11.1 An employee who has completed 52 weeks continuous employment shall, upon her written request at least 6 weeks in advance, be granted maternity/parental leave to become effective at any time within 12 weeks of the estimated date of delivery, provided that she commences maternity leave not later than the date of delivery.
11.2 Maternity leave shall be without pay and benefits except for that portion of maternity leave during which the employee has a valid health-related reason for being absent from work and is also in receipt of sick leave, EI SUB Plan benefits, STD or LTD. The total period of maternity and parental leave shall not exceed 1 year. The Employer share of benefits shall continue for the first 13 weeks of maternity leave.
11.3 An employee on maternity or parental leave shall provide the Employer with 4 weeks written notice of readiness to return to work at which time the Employer will reinstate the employee into a position. The employee must be reinstated in the same or a comparable position with earnings and other benefits at least equal to those received when the leave began.
11.4 Fathers and/or adoptive parents are eligible for up to 37 weeks of unpaid, job-protected parental leave. Adoptive parents can take parental leave regardless of the age of the adopted child. Parental leave can begin any time after the birth or adoption of the child, but it must be completed within 52 weeks of the date a baby is born, or an adoptive child is placed with the parent.
11.5 An employee must give the Employer at least six weeks written notice to start parental leave.
12. TEACHER–BOARD LIAISON COMMITTEE (TBL)
12.1 The Board and Teachers recognize that collaborative 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 collaborative decision making in the school(s). The Committee’s mandate is advisory in nature. It may make recommendations to the Board on matters affecting teachers’ terms and conditions of work other than those defined in the Collective Agreement.
12.2 The Parties agree to form a Teacher Board Liaison Committee (TBL) for the purpose of shared decision making in the best interests of Aurora Academic Charter School.
12.3 The committee shall include:
One teacher from the EPC
One teacher elected from each school
One school administrator
Superintendent
One director, who shall act as Chair
12.4 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
Proposed policies or administrative practices that impact teachers’ terms and conditions of work
12.5 The committee will not deal with terms and conditions of work as defined in the Collective Agreement.
12.6 The committee shall meet at a mutually agreeable time upon the request of either party and in any event, no later than four weeks following the initial request. The committee members will determine their procedures and agendas. The party requesting the meeting must submit an agenda at least five operational days prior to the meeting, otherwise the meeting will be rescheduled for a later date.
12.7 Committee meetings will take place outside of instructional hours
13. GRIEVANCE PROCEDURE
13.1 The purpose of the grievance procedure is to ensure that any grievance is processed in an expeditious manner, therefore, compliance with the provisions is mandatory. If the Employer fails to comply with the provisions, the grievance may be processed to the next step. If the grievor fails to comply with the provisions, the grievance shall be considered abandoned.
13.2 Any difference between any teacher covered by this Agreement, or in a proper case between the 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:
13.3 Step 1—Such difference (hereinafter called “grievance”) shall be promptly submitted in writing to the Superintendent of Schools and to the Coordinator of Teacher Welfare of The Alberta Teachers’ Association. Such written submission shall be made within thirty (30) days from the date of the incident giving rise to the grievance or from the date the grievor first had knowledge of the incident, whichever is later. Such grievance shall set out the nature of the grievance, the articles of this Agreement which it is alleged have been violated and the remedy sought.
13.4 Step 2—The Employer shall render a decision in writing within 21 days following receipt of the submission.
13.5 Step 3—In the event the grievance is not resolved within 21 days following receipt of the submission or the grievor does not agree with the decision rendered by the Employer, then the Association may, by written notice, submit the grievance to arbitration as hereinafter provided. Such notice must be given within 10 days after the aforesaid 21 days’ time limit expires or a written decision is rendered and received by the grievor.
14. ARBITRATION PROCEDURE
14.1 The notice referred to in clause 13.5 shall specify the name or a list of names of the person or persons it is willing to accept as the single arbitrator.
14.2 On receipt of a notice referred to in clause 14.1 the party receiving the notice,
14.2.1 if it accepts the person or one of the persons suggested to act as arbitrator, shall, within seven days, notify the other party accordingly, and the grievance shall be submitted to the arbitrator, or
14.2.2 if it does not accept any of the persons suggested by the party sending the notice, shall, within seven days, notify the other party accordingly and send the name or a list of names of the person or persons it is willing to accept as the single arbitrator.
14.3 If the parties are unable to agree on a person to act as the single arbitrator either party may request the Director of Mediation Services, Alberta Labour, in writing, to appoint a single arbitrator.
14.4 The arbitrator may, during the arbitration, proceed in the absence of any party or person who, after notice, fails to attend or fails to obtain an adjournment.
14.5 The arbitrator shall inquire into the grievance and issue an award in writing, and the award is final and binding on the parties and on every teacher affected by it.
14.6 The parties agree to share equally the expenses of the arbitrator.
Where any reference in either article 13 or 14 is to a period of days, such period shall be exclusive of Saturdays, Sundays, statutory and Employer-declared holidays.
15. PROFESSIONAL DEVELOPMENT
15.1 The parties agree that professional development will seek to provide appropriate balance between Board priorities, school-based program priorities and individual teacher growth plans.
16. ASSOCIATION BUSINESS
16.1 It is recognized that from time to time the Alberta Teachers’ Association may request that certain of its members be granted, subject to the approval of the Board, release from duties to serve on Association committees or other bodies or to act as its representative. Said leave shall be limited to five operational days per school year, per school, unless otherwise authorized by the Superintendent. No more than three days per year may be taken by any one teacher. The Association will reimburse the Board an amount equivalent to the full or half day rate of pay for a substitute teacher as applicable as per article 6.
Appendix A
MEDICAL LEAVE CERTIFICATE
1. Teacher’s Name: ____________________________________________________
2. Teacher’s Position: __________________________________________________
3. Teacher was unable to work due to medical reasons effective ____________ (date)
4. Is the teacher receiving treatment? Yes □ No □ Not Applicable □
5. Has the teacher been referred to a specialist? Yes □ No □ Not Applicable □
6. Anticipated date of return to work (if known) _____________________________
7. If anticipated return to work is unknown, is the absence likely to be:
□ Less than 30 days?
□ Between 30 days and 60 days?
□ Between 60 days and 90 days?
□ Indeterminate
Name of Doctor:
____________________________________________________________________
Address of Doctor:
____________________________________________________________________
Date Seen by Doctor:
____________________________________________________________________