The Alberta Teachers’ Association

This Collective Agreement is made in duplicate this _____ day of ____________, 2015, pursuant to the School Act, and the Labour Relations Code.

Between

The Buffalo Trail Public Schools Regional Division No. 28

(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 the Association is the bargaining agent for the teachers employed by the Employer, and

Whereas the parties have set these matters forth in the Agreement to govern the terms of employment of the said teachers.

Now therefore this agreement witnesseth that in consideration of the premises and of the mutual and other covenants herein contained, the parties agree as follows:

1.   MANAGEMENT RIGHTS

1.1   The Employer retains all rights of management except where specifically limited by the expressed terms of this Collective Agreement.

2.   APPLICATION

2.1   This Agreement applies to all employees of the Employer who, as condition of employment, must possess a valid teaching certificate issued under the authority of the Department of Education, the Province of Alberta, herein collectively called the teachers, or where the context requires, teacher, except those designated as:

(a) Superintendent

(b) Deputy Superintendent

(c) Assistant Superintendent

(d) Associate Superintendent

(e) Director, Student Services

(f) Director of Technology

3.   TERM AND EFFECTIVE DATE

3.1   Unless otherwise specifically provided for in this Collective Agreement, this Collective Agreement takes effect on the first of the month following ratification by both parties and remains in effect until August 31, 2016. Either party may give to the other, not less than sixty (60) days nor more than one hundred and eighty (180) days prior to the termination of the Collective Agreement, a notice in writing of its intent to commence collective bargaining.  At the first meeting between the parties following such notice, the parties shall exchange particulars of the amendments they seek.  Negotiations shall be limited to the items in the two lists, except by mutual agreement.

4.   SALARY SCHEDULE

4.1   The Employer shall pay all teachers the salaries as herein set forth and computed.  All sums mentioned herein are "per annum" unless specifically stated otherwise.

4.2   The years of university education of a teacher and the years of teaching experience computed as hereinafter provided shall together determine the annual rate of salary to be paid to each teacher employed by the Employer.  The following are the salary rates for each year of university education and each year of teaching experience.

4.3   One month's salary shall be one-twelfth part of the annual salary at the rate in effect that month.

4.3.1   The following rates will apply to the salary grid rates of pay and allowances:

September 1, 2012 – 0%

September 1, 2013 – 0%

September 1, 2014 – 0%

September 1, 2015 - 2%

Effective September 1, 2012, the salary grid shall be as follows:

 

Effective September 1, 2015, the salary grid shall be as follows

In addition, 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, funded by the government, and paid no later than the end of December of 2015.  Part time teachers shall receive the lump sum payment in accordance with their FTE as of November 15, 2015.

4.4   Each teacher shall be paid one-twelfth of the teacher's annual salary on or before the 26^th of each month, with the exception of December, when salary will be paid prior to the Christmas break.

4.5   No adjustments in the salary schedule shall cause a teacher's salary to be less than that applicable immediately prior to the effective date of this agreement.

5.   ADDITIONAL ALLOWANCES

5.1   In addition to the foregoing salary, there shall be paid additional allowances in accordance with the following schedule.  Payment of administrative allowances shall commence on the effective date of appointment.

5.2   Principal’s Allowance

(a) The principal’s allowance is to be adjusted on the same dates and by the same percentage increases as are applied to the salary grid.  Each principal shall receive an allowance per annum as follows:

Effective September 1, 2012 – Principal Annual Allowances

Effective September 1, 2015 – Principal Annual Allowances (2% Increase)

* Student Count shall be as of September 30^th of the applicable school year.

(b) No principal or assistant principal shall have his/her allowance reduced by reason of implementation of clause 5.2 (a) unless the number of students is reduced, in which case, the allowance shall be reduced accordingly.

5.3 Assistant Principal’s Allowance

5.3.1 (a) The assistant principal shall receive an allowance equivalent to one-half of the allowance paid to the principal under this clause.

(b) Where there is more than one assistant principal, a sum equal to 70 percent of the principal's allowance shall be divided between them in the ratio of their responsibilities.

5.3.2   In the absence of the principal and the assistant principal, or where there is no assistant principal and the principal is absent, a teacher shall be designated as acting principal.

5.3.3   Where an assistant principal acts in place of a principal for more than ten (10) consecutive school days, the teacher shall receive an allowance equivalent to that of the principal's allowance for such excess period.  Such designation shall terminate upon the principal's return to duty or upon the appointment of a new principal.

5.3.4   In a school where there is no assistant principal, a teacher shall be temporarily designated to act as principal in the absence of the principal and the teacher shall receive an allowance equivalent to fifty (50) percent of the principal’s allowance for that day.

5.4   The Hutterite colony allowance is to be adjusted on the same dates and by the same percentage increases as are applied to the salary grid.  One teacher of each Hutterite colony shall receive an annual allowance of:  $675.00.  Effective September 1, 2015, one teacher of each Hutterite colony shall receive an annual allowance of $689.00.

5.4.1   A teacher designated as Principal at Large shall receive an annual allowance equal to a Category 1 Administrative Allowance as per Article/clause 5.2.  In the case where the teacher designated as Principal at Large is in receipt of an allowance under Article 5 - Additional Allowances, the teacher shall be paid the higher of the applicable allowance in effect at the time of the appointment as Principal at Large or an allowance equal to a Category 1 Administrative Allowance as per Article/clause 5.2.

5.5.1   Student count for the purposes of calculating administrative allowances shall be that count as of September 30 in each school year.  Where Early Childhood Services students are housed in a school, each pupil shall be counted as 0.5 for purposes of administrative allowances.  Private Early Childhood Services students shall not be counted for purposes of administrative allowances.

5.5.2   Where a new school is opened resulting in a transfer of pupils, the administrative allowances in all schools affected shall be adjusted accordingly effective the date of the transfer of the pupils.

5.6.1   The Employer may create or designate new positions not specified in this Article but are nevertheless covered by the terms of this Agreement under Article 2.

5.6.2   The amount and method of remuneration shall be set by the Employer after consultation with the local employee representatives on the teachers' economic policy committee.

6.   TEACHING EXPERIENCE

6.1   A year of teaching experience shall be earned by providing service with the Employer for at least 125 school days.  Such teaching experience may be earned within four consecutive years with the Employer.  When a year of teaching experience has been earned, the teacher shall not begin to earn credit towards another year of teaching experience until the commencement of another school year or February 1, whichever occurs first. Substitute teaching shall not be considered as teaching experience except in accordance with clause 6.1.1.

6.1.1   Where a substitute teacher provides service with the Employer for 180 school days within four consecutive years, the provisions of clause 6.1 shall apply. It shall be the responsibility of each substitute teacher to keep a record of his/her own substitute service with the Employer and to notify the Employer in writing when he/she has accumulated 180 school days of service within the four-year period.  Such notification shall contain the record of the days worked for the Employer.  Upon validation by the Employer that the increment requirements have been completed, an increment will be granted at the commencement of the next school year or February 1, whichever first occurs.

6.2   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.

6.2.1   The adjustment date for changes in the number of years allowed for teaching experience shall be at the commencement of the school year and on February 1 of each year.

6.3   No teacher shall receive increments for teaching experience gained while the teacher was not holding a valid teaching certificate.

6.4   The teacher shall be responsible to submit satisfactory evidence of teaching experience to the Employer.  Satisfactory evidence shall be deemed to be documentation from boards which employed the teacher.  Until 45 days have elapsed from commencement of employment or until satisfactory evidence is submitted, the teacher shall be paid for experience as claimed by the teacher.  If within the 45 days satisfactory evidence is not submitted, the teacher shall be paid for zero years of teaching experience and will only have the teacher’s pay level adjusted effective the beginning of the month following the submission of satisfactory evidence of teaching experience.

6.5   Notwithstanding clause 6.4, if proof of written attempts to secure satisfactory evidence of teaching experience is supplied within 45 days, years of experience shall continue to be paid as claimed by a teacher for a maximum of 100 days.

7.   UNIVERSITY EDUCATION

7.1   The evaluation of teacher education for salary purposes shall be determined by a statement of qualifications showing years of training issued by The Alberta Teachers' Association Teacher Qualifications Service in accordance with the policies and principles approved by The Teacher Salary Qualifications Board, established by Memorandum of Agreement among the Department of Education, the Alberta Teachers' Association, and the Alberta School Trustees' Association, dated March 23, 1967.

7.2   The adjustment dates for changes in salary relating to years of university education shall be the commencement of the school year and February 1, of each year.

7.3   Each teacher claiming additional university education and each teacher commencing employment with the Employer shall supply the Employer within 45 days of the above mentioned dates or from the date of commencement of duties, an original statement of qualifications to be issued by the Teacher Qualifications Service of the Association.  Until the teacher submits the said statement of qualifications, the teacher shall be placed on the salary schedule according to the most recent acceptable statement of qualifications or according to the minimum education requirements for the teacher’s teaching certificate.

7.3.1   If proof of application for the statement of qualifications is supplied within 45 days, the university education shall be paid retroactively according to clause 7.2.

7.3.2   If proof of application for the statement of qualifications is not supplied within 45 days, salary shall be adjusted effective the beginning of the month following the submission of a statement of qualifications.

8.   SUBSTITUTE TEACHERS

8.1   A substitute teacher is a teacher employed on a day-to-day or a part day basis where a contract of employment is not in effect.

8.2   The substitute teacher rate of pay is to be adjusted on the same dates and by the same percentage increases as are applied to the salary grid.  Payment for substitute teachers, including four percent vacation pay, effective September 1, 2012, shall be:

Daily Sub Rate   -   $208.71

Payment for part days shall be prorated but in no case shall payment be for less than one-half day.

Effective September 1, 2015, the daily rate, including four percent vacation pay, shall be $212.98.

8.3   Payment shall be made at the daily rate for the first five consecutive school days.  On the sixth and subsequent days in the same school where a substitute teacher continues to replace the same regular teacher, payment shall be made according to placement on the salary schedule.

9.   GROUP INSURANCE

9.1   When enrolment is satisfactory to the insurers, the Employer will make available the Alberta School Employee Benefit Plan, which provides life, accidental death, dismemberment, and extended disability insurance, dental, vision and extended health care insurance.

9.2   Subject to the provisions of the master policies, all teachers shall be required to enroll in the Alberta School Employee Benefit Plan, except that teachers on contracts which do not exceed three months shall not be eligible for enrollment in the Plan.  A teacher may be exempted from participation in Extended Health Care, Dental, Vision and the Alberta Health Care Plan where they receive coverage through their spouse.

9.3   Benefit coverage provided by the Employer will be 98% towards the premiums payable for the following group insurance plans:

(a) Alberta School Employee Benefit Plan:

(i) Life and Accidental Death and Dismemberment Schedule 2

(ii) Extended Disability Benefit Plan D

(iii) Extended Health Care Plan 1

(iv) Dental Care Plan 3

(v) Vision Care Plan 3

(b) Alberta Health Care Plan

9.3.1   Effective September 1, 2008, the Employer will establish and contribute annually to an individual Health Spending Account for each eligible teacher under contract in the amount of $300 annually.

In this article ‘eligible teacher’ means any teacher on a continuing, probationary or temporary contract during the year.  For temporary contract teachers, 1/12 of the annual contribution will be deposited for each full month the teacher is under contract.  Teachers leaving the employ of the Employer for any reason will forfeit any remaining balance.

The account will be administered by ASEBP as allowed by CRA and the Income Tax regulations for the benefit of that teacher and his/her spouse and dependant(s).

9.4   It is understood that the Employer's contribution to the Alberta School Employee Benefit Plan and Alberta Health Care premiums is applicable only where the teacher participates in the respective plan.

10.   SICK LEAVE

10.1.   Sick leave, with pay, shall be granted to a teacher for the purpose of obtaining necessary medical or dental treatment or because of accident, sickness or disability, in accordance with the following schedule:

(a) After one year of service - 90 calendar days

(b) Less than one year of service - statutory sick leave

10.2   A teacher who has been absent due to the above reasons and returns to regular full time duties shall have the 90 calendar day sick leave entitlement reinstated pursuant to clause 10.1.  However, in instances where the teacher has been continuously absent for a period of 20 or more consecutive school days, reinstatement of the sick leave entitlement will be made contingent on the teacher providing a medical certificate, signed by a medical practitioner, prior to the date of return, verifying that the teacher is able to return to work on a continuing basis.

10.3   In the case of a teacher who has five or more years of service with the Employer and re-enters its employ, the sick leave accumulated under clause 10.1 during the period of employment with the Employer shall be reinstated, provided however that the teacher re-enters within a period of two years.

10.4.1   A teacher who is absent from school duties for the purpose of obtaining necessary medical or dental treatment or because of accident, sickness or disability for a period of more than three consecutive teaching days, shall be required to present to the principal medical documentation within five (5) school days after resuming teaching duties.  Should a teacher fail to supply medical documentation, the Employer may deduct 1/200 of the teacher's salary for each day absent.

10.4.2   A teacher who is absent from school duties for the purpose of obtaining necessary medical or dental treatment, or because of accident, sickness or disability, for a period of three (3) consecutive teaching days or less may be required to present to the principal a signed form giving the reason for such absence, immediately upon return to teaching duties.

10.4.3   In the case where the absence due to illness will exceed forty-five (45) calendar days, the teacher will provide, where possible, medical documentation to the Employer that the teacher is under the ongoing care of a physician.  The intent is to provide for a smooth transition to extended disability for the employee when necessary.

10.5   After ninety (90) calendar days of continuous absence due to medical disability, no further salary shall be paid and the Alberta School Employee Benefit Plan will take effect.

10.6   Payments made towards benefit plans by the Employer shall permit it to retain and not pass on to teachers, any rebates of premiums otherwise required under Human Resources Development Canada regulations.

11.   PROFESSIONAL IMPROVEMENT LEAVE

11.1   Professional improvement leave may be granted by the Employer on application by a teacher for the following reasons:

11.1.1   Study for improving the teacher's academic or professional education.

11.1.2   Travel or experience which is useful in improving the teacher's service.

11.2   A teacher who is granted professional improvement leave shall:

(a) give an undertaking in writing to return to the teacher’s duties following the expiration of the teacher’s leave;

(b) not resign or retire from teaching service other than by mutual agreement between the Employer and the teacher for a period of

(i) two years after resuming duties following a leave of one year, or

(ii) up to twenty-four (24) months determined by multiplying each month of leave by two (2) after resuming duties following a leave of less than one year; and

(c) in the case of leave granted to study, provide proof of accredited professional development, upon return from professional improvement leave.

11.3   Should the teacher fail to return to teaching duties or should the teacher resign before completing the teacher’s commitment following professional improvement leave, the teacher shall repay the amount specified in clause 11.6 plus interest calculated on the basis of the existing current rate.

11.4   All applications for professional improvement leave shall be submitted to the Employer by February 1st preceding the school year in which the professional improvement leave is to commence.

11.5   The Employer, after having the applications reviewed by a committee composed of two teacher representatives (appointed by the local executive council), two Employer members, and the Superintendent, shall determine, not later than April 1st, the number and persons, if any, to be granted professional improvement leave.

11.6   A teacher who is granted professional improvement leave for the year shall receive 60 percent of the category four minimum in equal installments on the last day of each month.  The amount shall be calculated on the category four minimum in effect when the professional improvement leave commences and shall remain in effect for the entire duration of the leave.

11.7   No experience increment shall be allowed for the year of professional improvement leave.

11.8   The Employer may grant professional improvement leave for a period of less than one year.  A teacher granted such leave shall receive an allowance paid at a prorated basis to the amount provided in clause 11.6 calculated in the ratio that the period of approved leave bears to the school term.

11.9   A teacher taking professional improvement leave up to 30 consecutive calendar days will be reinstated to the same position held prior to the leave being taken.

11.10   A teacher taking professional improvement leave in excess of 30 consecutive calendar days shall be entitled to return to a teaching position within the Employer.

12.   LEAVE OF ABSENCE

12.1   Leave of Absence - Critical Illness or Death

Leave necessitated by critical illness or death of a spouse, child, parent, guardian, parent-in-law, grandparent, son-in-law, daughter-in-law, brother, sister, grandchild, brother-in-law, sister-in-law, grandparent of spouse and other close members who live in the teacher's household shall be granted with pay and applicable benefits by the Employer as follows:

12.1.1   Up to and including five teaching days for critical illness.

12.1.2   Up to and including five teaching days for death.

12.1.3   Leaves under clause 12.1.1 will terminate in the event of a death of the relative and the teacher will then be eligible for leave under clause 12.1.2.  Leaves referred to in clauses 12.1.1, 12.1.2, and 12.1.3 must be taken during the time of the actual occurrence of the critical illness or death.

12.1.4   Those days referred to in clauses 12.1.1 and 12.1.2 may be extended at the discretion of the Employer should additional time be required.

12.1.5   Before payment is made under clause 12.1, the Employer may require medical documentation stating that critical illness was the reason for the absence.

12.2   Leave of Absence - Convocation

A teacher is entitled to leave of absence with pay and applicable benefits for one day of each of the teacher's own convocation and to write an examination related to the teacher's academic studies, provided the convocation falls during the school year and the examination falls on a school day.

12.3   Leave of Absence - Additional

Additional leaves of absence may be granted by the Employer with pay and with benefits, with pay and without benefits, without pay and with benefits, or without pay and without benefits, for reasonable causes. A teacher applying for a leave under this clause may be required by the Employer to use any personal leave available to the teacher under clause 12.7.

12.4   Leave of Absence - Salary Negotiations

Leave of absence for salary negotiations shall be granted to a maximum of four teachers without loss of salary, provided however that the Employer shall be reimbursed by the Alberta Teachers' Association for the cost of a substitute for each teacher for each day of such leave.

12.5   Leave of Absence - Weather Conditions

A teacher who, despite reasonable effort, is unable to travel to the teacher’s school from the teacher’s usual place of residence because of:

(a) inclement weather;

(b) impassable road conditions; or

(c) the failure of transportation facilities other than the teacher’s own,

is entitled to pay and applicable benefits for the periods of absence so occasioned.

12.6   Leave of Absence - Family Medical

12.6.1   Upon prior notification of the Superintendent or designate, a maximum of two operational days leave for each school year shall be granted with full pay and applicable benefits for necessary medical attention of the teacher's immediate family (parent; spouse or common law partner; children and dependents of the household). In order to establish eligibility for the benefits under this clause, acceptable medical documentation shall be provided to the Employer by the teacher.

12.7   Leave of Absence - Personal Leave

12.7.1   A maximum of two days personal leave each school year shall be granted.  The first day of leave shall be at full pay and applicable benefits, the second day shall be at full pay and applicable benefits less the cost of a substitute teacher as provided in clause 8.2, and is to be paid to the Employer through payroll deduction or from some other source.

12.7.2   Notwithstanding the provisions of clause 12.7.1, teachers may accumulate up to five days unused personal leave and take such leave for personal purposes.  Leave taken pursuant to this clause shall be at full pay less the cost of a substitute teacher as provided for in 8.2. 

Effective September 1, 2014, clause 12.7.1 and 12.7.2 shall be replaced by the following:

12.7.1   A maximum of two days personal leave each school year shall be granted.  

12.7.2   The first day of leave shall be at full pay and applicable benefits.

12.7.3   In consultation with the principal and with two weeks’ notice where possible, a teacher shall be granted, by the Superintendent/designate, a second paid personal leave per school year, subject to operational requirements.

12.7.4   Each teacher shall be eligible to accumulate up to two unused personal leave days per year, to a maximum of five days which may be used in any one school year.

12.7.5   Accumulated leave taken shall be at full pay less the cost of a substitute teacher, including benefits.

12.7.6   Non-cumulative personal leave days shall be accessed first.

12.7.7   No teacher, or principal, may utilize more than five personal leave days, under clause 12.7, in any one school year.

12.8   Leave of absence without loss of salary and applicable 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

proceeding authorized by law to compel the attendance of

      witnesses,

(c) providing 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. In any court case or in any arbitration or other labour related court proceedings between the ATA and the Employer where the court subpoenas a teacher to testify against the Employer, the ATA will reimburse the Employer for the teacher's salary and applicable benefits.

13.   Maternity Leave and PARENTAL Leave

13.1   A pregnant teacher who has been employed by the Employer for a continuous period of at least 12 months is entitled to maternity leave without pay and benefits for a period not exceeding 15 weeks, with the exception of the health related portion.

13.2   When possible, a teacher will notify the Employer of her leave requirements and her date of return three months in advance.  However, a teacher must give the Employer at least two weeks notice in writing of the day she intends to commence maternity leave or where extraordinary circumstances exist, within 2 weeks after she ceases to work; and a minimum of two weeks notice in writing of the day she intends to return from maternity leave.  A medical certificate certifying pregnancy and the expected date of delivery shall accompany such notification.

13.3   The health related portion of each teacher's maternity leave shall be as determined by medical documentation.

13.4   The teacher agrees to apply for employment insurance maternity benefits no later than the time of delivery.  The Employer agrees to top up the EI benefits received by the employee to an amount equal to the employee’s normal weekly earnings, during the health related portion of the leave, falling within the EI entitlement period.  The Employer agrees that as part of the topping up process, it will pay the full salary for the two week EI qualifying period, provided that the teacher does not receive any EI benefits for that period.  The provisions of the sick leave article shall not apply in the case of maternity leave.  Each teacher will verify that she is in receipt of EI benefits by providing a copy of the EI cheque stub to the Employer forthwith.  The Employer shall pay its portion of each teacher’s benefit plan premiums during the health related portion of her maternity leave.  The remainder of the maternity leave not covered by the health related portion shall be without pay and without Employer contributions to teacher benefit plan premiums or top up of EI benefits.  The Employer shall advise each teacher to apply for extended disability benefits at least 30 days in advance of her expected eligibility for such benefit.  After 90 consecutive calendar days of disability the teacher shall apply for extended disability benefits and no further salary shall be payable.

13.5 (a) Teachers returning from maternity leave shall be returned to the position held at the commencement of the leave.

(b) The phrase "returned to the position held at the commencement of the leave" in clause 13.5 (a) does not imply that a teacher on leave has any advantage or disadvantage in the event that staff reduction or program changes become necessary in a particular school year.

13.6   In addition to the maternity leave, each teacher shall be eligible for a further parental leave without pay and benefits for up to 37 weeks provided such is continuous and complete within 12 months of the date the teacher first went on maternity leave.  During this 37 week period, each teacher shall be eligible to maintain her benefit insurance coverage provided she pays 100% of the premium.  The terms of this personal leave shall be arranged between each teacher and the Employer.

13.7.1   Teachers are entitled to parental leave without pay and benefits for a period not exceeding thirty-seven [37] weeks for the purpose of adopting a child.

13.7.2   When possible, a teacher will notify the Employer of leave requirements 3 (three) months in advance of the first day of the leave unless the child’s placement with the adoptive parents was not foreseeable.

13.7.3   Teachers who intend to share parental leave must advise the Employer of this intention. Depending on operational requirements, the Employer may permit sharing parents to be absent from work at the same time.

14.   WORKING CONDITIONS

14.1 (a) Subject to the approval of the Superintendent, staff deployment is the responsibility of the principal.

(b) It is recognized that a teacher's professional duties extend beyond instruction of pupils.  Teachers will provide such instruction, supervision and other duties as assigned by the principal.

(c) The extent of staff involvement in extracurricular activities shall be determined by the principal and the principal’s staff.

14.2   The Employer shall submit proposed Employer regulations pertaining to teachers to representatives selected by and from its teaching staff.  It shall be the responsibility of these representatives to communicate the views of the teachers regarding the proposed Employer regulations to the Employer.

15.   TRANSFERS

15.1   The Employer, when requesting a teacher to transfer to another school except where the transfer is necessitated by a staff reduction, shall move the teacher or shall pay the teacher’s reasonable moving expenses necessarily incurred by the teacher provided that such transfer requires a change of residence.

16.   GRIEVANCE PROCEDURE

16.1   Any difference between the parties, 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.

16.1.1   Step “A” - Such a difference (hereinafter called 'a grievance') shall be submitted in writing at the teacher level to the Associate Superintendent of Human Resources with copies to the chairperson of the Economic Policy Committee of the teachers of  Buffalo Trail Public Schools Regional Division No. 28, and the Coordinator of Teacher Welfare of the Association.  Such written submission shall be made within 20 days from the date of the incident giving rise to the grievance or from the date the grievor first has 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. It shall be the responsibility of the respondent and/or his/her representative of the grievance to arrange a meeting with the grievor and/or his/her representative, within 10 days of receiving notice of the grievance, if a meeting is requested.  The respondent shall review the grievance and within 15 days of receipt of the grievance shall render a decision in writing to the grievor and the chairperson of the Economic Policy Committee.

In a proper case, the Employer or the Association may institute a grievance within twenty (20) days of the act giving rise to the grievance coming to the attention of the Employer or the Association.  The particulars shall be forwarded in writing by the Employer to the Association or in writing by the Association to the Employer.  The respondent shall render a decision in writing within twenty (20) days.

16.1.2   Step “B” – In the event the decision of the respondent fails to resolve the grievance, then either party may by written notice require the establishment of an arbitration board as hereinafter provided.  Such notice must be given within 20 days after the date of receipt of the respondent’s written notice.

16.2   Each party shall appoint one member as its representative on the arbitration board within seven days of such notice and the two members shall endeavor to select an independent chairperson.

16.3   If the two members fail to select a chairperson within five days after the day on which the latter of the two members is appointed, they shall request the Director of Mediation Services – Alberta Human Resources and Development, to select a chairperson.

16.4   The arbitration board shall determine its own procedure but shall give full opportunity to all parties to present evidence and to be heard.

16.5   The arbitration board shall not change, modify, or alter any of the terms of this agreement.

16.6   The findings and decisions of the arbitration board shall be binding on the parties.

16.7   Each party to a grievance shall bear the expenses of its respective nominee and the two parties shall bear equally the expenses of the chairperson.

16.8   All aforesaid time limits referred to in the grievance procedure shall be exclusive to instructional days.

16.9   The purpose of the grievance procedure is to ensure that all grievances are processed properly and expeditiously.  If the respondent fails to comply with the provisions of the grievance procedure, the grievance may be processed to the next step.  If the grievor fails to comply with the provisions of the grievance procedure, the grievance shall be considered abandoned.  Time limits may be extended by the written agreement of both parties.

17.   SUBROGATION

17.1   If you receive sick leave benefits because you’ve been injured through the fault of another party, the Employer has subrogation rights. This means you may make a claim to recover the amount of these benefits from the other party. Depending on the amount of the outcome of your claim, you may be obliged to reimburse the Employer for any benefits which have been paid or will be paid to you. 

18.   GENERAL

18.1   A teacher authorized or assigned on a regular basis by the Employer to travel by automobile, in the performance of the teacher’s regular duties, shall be reimbursed at the rate for trustees by the Employer.

18.2   Each teacher shall be given a copy of the current collective agreement.  The Employer and the Association shall share equally the cost of producing copies of the collective agreement.

18.3   All previous collective agreements and schedules between the parties are hereby canceled.

18.4   This agreement shall ensure to the benefit of and be binding upon the parties and their successors.

Letter of Understanding

If Alberta Health Care Insurance premiums are reintroduced, both parties agree to meet to discuss cost recovery acceptable to both parties.