The Alberta Teachers’ Association

Preamble

Collective agreement made this 30 day of November, 2010 between the Board of Directors of the Boyle Street Education Centre, 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 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.

2.            Term of Agreement

2.1          Unless stated otherwise, this agreement shall take effect on the day following the date of ratification and shall continue in full force and effect through August 31, 2012.

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 the terms and conditions of employment should negotiations continue beyond the expiry date or until a strike or lockout occurs.

3.            Salary Schedule

3.1          Basic Salary Schedule

Shall cover the period from September 1, 2009 to August 31, 2010.

The increments for the year 2009/2010 will be honoured and included in the calculation of the retroactive pay payable to teachers.

Effective September 1, 2011, the 2010 grid will be increased by 2 per cent plus the Alberta Education/Alberta Teachers’ Association agreed upon change based upon the Alberta Average Weekly Earnings.

In no case will a reduction in salary be applied. If the formula produces a negative number, the existing basic salary schedule shall continue for the subsequent year.

4.            Initial Salary Placement and University Education   

4.1          The evaluation of a teacher’s post secondary education for salary purposes shall be determined by a statement of qualifications from the Alberta Teachers’ Association Teacher Qualifications Service.

4.2              A teacher upon commencement of employment, must submit to the secretary-treasurer:

(a)    a statement in the form of a TQS evaluation, and
(b)    written verification of teaching experience from previous Employers

4.3          Such statements must be submitted within 45 days from the date of employment, in order to verify, retroactively to the date of employment, the teacher’s qualifications and experience placement respectively. Failure to do so will result in adjustments being made on the first of the month following submission of the required statements unless, through no fault of the teacher, the statements are 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.

4.4          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.

4.5              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.

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

4.7              Any teacher who holds a journeyperson certificate may, at the discretion of the superintendent, receive one (1) experience increment for his/her journeyperson certificate.

5.            Experience Increments

5.1          For recognition of teaching experience at Boyle Street Education Centre:

(a)    A year of teaching experience shall be any one school year during which a teacher has taught for not fewer than 115 days.

(b)    Part-time teachers or teachers under temporary contract will be entitled to one experience increment for each 115 teaching days of service to Boyle Street Education Centre provided it is accumulated over a maximum of three school years.

(c)    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.

5.2              Days employed as a substitute teacher shall not be counted towards experience.

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

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

5.5              For recognition of teaching experience with other school boards:

(a)    A year of teaching experience shall be any school year during which a teacher has taught for not fewer than 130 school days and for which a valid Alberta teaching certificate or its equivalent is required.

(b)    Teachers with partial years of experience will be entitled to one experience increment provided no fewer than 130 teaching days of service with other school boards is rendered and the service is accumulated over a maximum of three school years.

(c)     Notwithstanding 5.5 (a) the superintendent may recognize a maximum of an additional two years if deemed to be in the best interests of the Board.

6.            Salary Payment

6.1          Effective the fourth month following ratification of this collective agreement, the Board agrees to pay the annual salary in 12 equal monthly payments. Teacher’s salaries shall be deposited into their bank account on the second banking day before the end of each month, except for December when salaries shall be deposited on the last teaching day in December.

6.2          During the three month transition period, the current pay system shall remain in effect.

7.            Allowances

7.1          Principal’s Allowance

In addition to salary earned as a teacher, a principal shall receive an annual administrative allowance of:

7.2          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.

8.            Substitute Teachers

8.1          Substitute teachers shall be paid, inclusive of vacation pay, the following rates:

8.2          Substitute teachers employed for a period of five consecutive teaching days or more, as a replacement for a specific teacher, shall be placed on the basic salary schedule, according to the substitute’s qualifications and experience, on the fifth 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, teacher’s convention, professional day or such other Board-regulated break interrupts the substitute teacher’s continuity in the classroom.

9.            Employment

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

9.2              The Board will enter into an individual contract of employment, consistent with the School Act, with each teacher that it employs, other than a substitute teacher.

9.3              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 recognised 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.

9.3.1          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.

9.4       In relation to teacher appointment and assignment:

(a)    Appointments shall be made to the teaching staff and not to any particular position.
(b)    The principal shall have the prime responsibility for assigning teacher duties including the assignment of duties of substitute teachers.
(c)    Teachers shall provide such instruction and perform such duties as the Principal shall assign.

9.5              In the event that a reduction in teaching staff is necessary, it shall be conducted with consideration to the following:

(a)    Program needs. Where reductions are made through program changes, the Board agrees to provide the Teacher whose contract is being terminated specified reasons in accord with sec. 107(3) of the School Act.

(b)    Natural attrition.

(c)    Seniority while on staff at the Boyle Street Education Centre.

10.          General Leave of Absence

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

10.2        Except in cases of emergency all requests for leave shall be made in writing to the superintendent at least 10 days prior to the beginning of the requested leave.

10.3        A general leave may be extended for an additional period upon written application by the teacher and upon approval by the Superintendent but in no case can a leave be longer than for a period of one school year.

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

10.5        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.

10.6           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 1, of the teacher’s intention the following year.

10.6.1       A teacher who does not respond by April 1 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 45 days of the date 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 45 day limit, that teacher’s contract of employment will be deemed to be terminated by mutual consent.

10.6.2       A teacher on leave does not have any advantage or is placed at any disadvantage in the event that staff reductions become necessary.

11.          Maternity Leave

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

11.2        A teacher shall endeavour to give the Board at least three months notice, but in any event, not less than 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.

11.3        The expected leave return date shall be indicated at the commencement of the leave and the return to work notification provided in compliance with section 53 of the Employment Standards Code. When possible, return to work shall be at natural breaks in the school year.

11.4        A teacher on maternity leave shall have access to the sick leave as per Article 15. In addition, the Board agrees to ensure that the teacher has access to benefits for disability for the health related portion of the pregnancy both pre and post partum.

11.5        Should a teacher wish to continue participation in the benefit plans during maternity leave, provided pursuant to Clause 11.1, the premiums shall continue to be shared between the Board and the teacher pursuant to Article 16 of this agreement. Notice of the teacher's intention to continue participation in the benefit plans must be provided to the Board with the notice required in Clause 11.2.

11.6        A teacher shall provide four week’s notice of intent to return from maternity leave. Upon expiration of the leave provided pursuant to Clause 11.1, the teacher shall be returned to a teaching position.

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

12.          Adoption Leave

Upon request, a teacher shall be entitled to adoption leave for a period of up to 37 weeks under the conditions specified below:

12.1        The teacher shall notify the Board upon receipt of the notice of approval to adopt.

12.2        The leave shall commence at any time prior to and including the date of the arrival of the adopted child, provided that the teacher supplies the Board with proof of the impending adoption.

12.2.1     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.

12.3        Notwithstanding 12.4, adoption leave shall be at no cost to the Board.

12.4        Should a teacher wish to continue participation in the benefit plans during adoption leave, granted pursuant to Clause 12.1, the premiums shall continue to be shared between the Board and the teacher for10 weeks pursuant to Article 16 of this agreement. Notice of the teacher’s intention to continue participation in the benefit plans must be provided to the Board with the notice required in Clause 12.2.

12.5        A teacher shall provide four week's notice of intent to return from adoption leave. Upon expiration of the leave provided pursuant to Clause 12.1, the teacher shall be returned to a teaching position.

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

13.          Parental Leave

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

13.2        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. Should a teacher wish to continue participation in the benefit plans during parental leave, granted pursuant to Clause 13.1 the premiums shall continue to be shared between the Board and the teacher for 10 weeks pursuant to Article 16 of this agreement. Notice of the teacher’s intention to continue participation in the benefit plans must be provided to the Board with the notice required in Clause 13.4.

13.3        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.

13.4        The teacher shall provide the Superintendent with at least six weeks written notice prior to the requested parental leave.

13.5        Notwithstanding 13.2, parental leave shall be at no cost to the Board.

13.6        Notwithstanding 13.2, while on parental leave of absence, a teacher may access the Board’s benefit plans as identified in Article 11, at no cost to the Board.

13.7           A teacher shall provide four week’s notice of intent to return from parental leave. Upon expiration of the leave provided pursuant to Clauses 13.1 or 13.2, the teacher shall be returned to a teaching position.

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

14.          Temporary Leave of Absence

14.1        Personal leave: subject to five (5) days notice where possible, leaves for personal reasons to a maximum of two (2) school days with pay and benefits per year may be granted as approved by the superintendent.

14.2        Personal court appearances: teachers shall be granted leave with pay and benefits to respond to jury duty or are served with a subpoena to appear in court.

14.3        Compassionate leave: leaves with salary and benefits shall be granted to a teacher when necessitated by the critical illness or death of a spouse, child, brother, sister, parent, grandparent, grandchild, parent of spouse, or daughter-in-law or son-in-law, for not more than:

(a)   five days for critical illness; or
(b)   five days for death;
(c)   ten days for critical illness and death.

14.3.1       Two days leave with salary and benefits will be granted to teachers to attend the funeral of a grandparent of spouse, brother-in-law, or sister-in-law.

14.3.2       In the event of major surgery a teacher’s child, parent, spouse, brother or sister, the teacher shall be granted a maximum of three days leave of absence with pay and benefits. The teacher shall, if requested by the Superintendent, provide a note from the attending physician attesting to the major surgery. Additional leave may be granted, at the discretion of the superintendent, as circumstances warrant.

14.4           Graduation and Convocation: 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.

14.5           The Board shall implement a deferred salary leave plan as per Revenue Canada requirements for eligible teachers. Eligible teachers shall be teachers on continuing contract who have four consecutive years of service to the Board.

14.6           Additional leaves of absence may be granted at the discretion of the superintendent with pay and benefits, with pay and without benefits, without pay and with benefits, and without pay and without benefits.

14.6.1     A teacher on deferred leave does not have advantage or disadvantage in the event staff reductions become necessary.

15.          Sick Leave with Pay

15.1        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. Teachers shall endeavour to schedule dental treatments so as to minimize disruption to the instructional program outside of regular school hours.

15.2           A teacher on a continuous, interim or probationary contract shall have access to 20 school days of sick leave annually the unused portion of which cannot be carried forward to future years.

15.3           A teacher on a temporary or part-time contract shall have a sick leave entitlement determined by dividing by 9 the total number of teaching days that the teacher taught for the Board during the school year.

15.4        A certificate of illness from a qualified medical or dental practitioner:

(a)    May be required by the Board for a period  of illness of four teaching days or fewer Should a certificate be required by the Board, this request shall be made prior to the teacher’s return to work.

(b)    Will be required by the Board for a period of illness in excess of four teaching days. Any cost required for filling out the certificate shall be borne by the board.

(c)    Should the Board wish to introduce a specific medical certificate for use, the parties agree to negotiate the content of that certificate.

15.5        Teachers shall be allowed three sick leave days per year of their annual sick leave entitlement with pay and benefits to attend to the medical concerns of their spouse, dependents, or parents.

16.        Group Benefits Plan

16.1        The Board shall continue to contribute to the payment of premiums, on behalf of all participating teachers who meet the eligibility of the carrier’s plan.

16.2        Participation in the plans shall be a condition of employment for all teachers, who meet the eligibility of the carrier’s plan.

16.3        Notwithstanding 16.2 a teacher may waive participation in the Extended Health Care and Dental Care by stating in writing that coverage exists through their spouse’s plan; or if the teacher is covered by First Nations’ funding and provides a written statement to the Board verifying that such is the case.

16.4        Effective the month following ratification the Board will pay the premium costs of:

(a)   Life Insurance and Accidental Death to a maximum of $0.32 per thousand dollars of coverage per month.
(b)   Dependant life insurance to a maximum of $1.88 per month of coverage per month.
(c)   Extended Health Care and drugs to a maximum of $63.77 per month for single coverage and $137.49 per month for family coverage.
(d)   Dental plan to a maximum of $58.85 per month for single coverage and $174.61 per month for family coverage.
(e)   Short-term disability and long-term disability is 100 per cent teacher paid.

16.5        The Board will establish for each teacher on a continuing, interim, probationary or temporary contract of at least three (3) month’s duration, a Health Spending Account. Eligible teachers shall be actively at work, on maternity leave, on paid sick leave or on disability.

Effective September 1, 2009, the Board will contribute $400 for each eligible teacher.
Effective September 1, 2010, the Board will contribute $450 for each eligible teacher.
Effective September 1, 2011, the Board will contribute $500 for each eligible teacher.

(a)    A sum as identified above for each respective year per regular full-time teacher shall be allocated by the Board to a Health Spending Account for each eligible teacher effective September 1 of each calendar year.

(b)    This Health Spending Account shall be provided to regular part-time teachers on a prorated basis, based on their full-time equivalency (FTE).

(c)    Any unused credits in a teacher’s Health Spending Account as of August 31 of each calendar year may be carried forward for a maximum of one (1) school year.

(d)    The Health Spending Account may be utilized by teachers for the purpose of receiving reimbursement for health and dental expenses that are eligible medical expenses in accordance with the Income Tax Act.

(e)    The Health Spending Account shall be implemented and administered in accordance with the Income Tax Act and applicable regulations in effect at the time of implementation and during the course of operation of the Health Spending Account.

(f)     Should the Board choose to self administer the Health Spending Account it will ensure procedures are put in place to protect the medical information of the teachers and their dependants.

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

17.          Hours of Work

17.1           A teacher not in receipt of any administrative allowance will not be assigned duties in excess of 1800 minutes in a week.

18.          Bargaining Unit Dues and Fees

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

18.1.1     The Board shall deduct annually, in October, from each teacher’s month end pay the established fee for an associate member of the Association.

18.2        The Board agrees to provide the Association with a list of teachers for whom Association dues and fees are deducted.

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

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

19.          Grievance and Interpretation Procedures Arising from this Agreement

19.1        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.

19.2        Individual Grievance

Step 1

Any individual grievance must be submitted to the superintendent and the Negotiating Subcommittee (NSC) Chair and the Coordinator, Teacher Welfare within 20 working days of the date the teacher first became aware of the alleged violation or misapplication.

(a)    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.

(b)    The superintendent shall respond to the grievor, the NSC Chair and the Coordinator, Teacher Welfare in writing within 20 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 19.4

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

19.3        Association and Board Grievance

19.3.1     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 in the case of the Board, the Coordinator, Teacher Welfare. The respondent shall have 20 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.

19.4        Arbitration Board

19.4.1     Either party to this collective agreement may, by written notice served on the party within the timelines specified in 19.2 or 19.3, 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.

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

19.4.3     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.

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

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

19.4.6     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 holiday periods.

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

20.          Professional Improvement Leave

20.1        The Board shall provide an annual professional development fund of $14,000.00.

20.2        The Board shall pay the cost of one substitute teacher, where one is required for each day for each teacher participating in a professional development activity covered by Article 20.1.

20.3        Professional growth plans will be funded subject to the approval of the superintendent.

21.          Management Rights

21.1        Management reserves all rights not specifically restricted by legislation and/or this collective agreement

Memorandum of Agreement

The undersigned representatives of the Boyle Street Education Centre and representatives of the teacher employees of said Boyle Street Education Centre do hereby jointly agree to recommend to their respective members that the following amendments to the current collective agreement be accepted and incorporated into a collective agreement for the period September 1, 2011 – August 31, 2012.

Article 18 – Bargaining Unit Dues and Fees

Clause 18.1.1  - Delete, and Renumber Subsequently

ADDENDUM

Addendum to the 2007-2012 Collective Agreement between Boyle Street Education Centre and the Alberta Teachers’ Association

Rates Effective September 1, 2011—6.54 per cent increase

[2.00 percent plus 4.54 per cent (Alberta Average Weekly Earnings)]

3.1          Salary Schedule

8.1          Substitute teachers shall be paid, inclusive of vacation pay, the following rates: