The Alberta Teachers’ Association

This collective agreement is made this ___ of _________________ 20___ between BUFFALO TRAIL PUBLIC SCHOOLS REGIONAL DIVISION NO. 28 (Employer) and the Alberta Teachers’ Association (Association).

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, and

Whereas this collective agreement is made pursuant to the laws of the province of Alberta as amended from time to time including but not limited to the School Act, the Alberta Human Rights Act, the Public Education Collective Bargaining Act (PECBA), the Employment Standards Code, and the Labour Relations Code.

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.            APPLICATION/SCOPE

1.1          This collective agreement shall be applicable to every person who requires a teacher certificate as a condition of employment with the Employer excepting those positions agreed to be excluded in local bargaining between the Employer and the Association.

1.2          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

1.3          The Association is the bargaining agent for each bargaining unit and:

1.3.1      has exclusive authority to bargain collectively with TEBA on behalf of all the teachers in the bargaining units and to bind the teachers in any collective agreement with respect to central terms; and

1.3.2      has exclusive authority to bargain collectively with each Employer on behalf of the teachers in each bargaining unit with respect to local terms, and to bind the teachers by a collective agreement.

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

1.5          Implementation of this collective agreement shall not cause a teacher presently employed to receive a salary less than that calculated under any previous collective agreement unless mutually agreed to by TEBA and the Association.

1.6          This collective agreement cancels all former collective agreements and all provisions appended thereto.

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

2.            TERM

2.1          The term of this collective agreement is September 1, 2016 to August 31, 2018. Unless stated otherwise, this collective agreement shall continue in full force and effect through August 31, 2018.

2.2          List Bargaining

2.2.1      Negotiations regarding the list of central and local matters must commence not less than 6 months and not more than 8 months before the expiry of the then existing collective agreement and shall be initiated by a written notice from the Association or TEBA to the other.

2.2.2      If agreement is not reached, the matter shall be determined by arbitration under PECBA.

2.3          Central Matters Bargaining

2.3.1      Either TEBA or the Association may, by written notice to the other, require the other to begin negotiations. Notwithstanding section 59(2) of the Labour Relations Code, a notice to commence central bargaining by TEBA or the Association must be served not less than 15 days and not more than 30 days after the central matters and local matters have been determined.

2.3.2      A notice referred to in subsection 2.3.1 is deemed to be a notice to commence collective bargaining referred to in section 59(1) of the Labour Relations Code.

2.4          Local Bargaining

2.4.1      Notwithstanding section 59(2) of the Labour Relations Code, a notice to commence local bargaining by a Employer or the Association must be served after, but not more than 60 days after, the collective agreement referred to in section 11(4) of PECBA has been ratified or the central terms have otherwise been settled.

2.4.2      A notice referred to in subsection 2.4.1 is deemed to be a notice to commence collective bargaining referred to in section 59(1) of the Labour Relations Code.

2.5          Bridging

2.5.1      Notwithstanding section 130 of the Labour Relations Code, when a notice to commence central bargaining has been served, a collective agreement in effect between the parties at the time of service of the notice is deemed to continue to apply to the parties, notwithstanding any termination date in the collective agreement, until

a)            a new collective agreement is concluded, or

b)            a strike or lockout commences under Division 13 of Part 2 of the Labour Relations Code during local bargaining.

2.5.2      If a strike or lockout commences during central bargaining, the deemed continuation of the collective agreement is suspended until an agreement with respect to central terms is ratified under section 11(4) of PECBA or the central terms have otherwise been settled.

2.6          Meet and Exchange

2.6.1      For central table bargaining, representatives of the Association and TEBA shall meet and commence collective bargaining not more than 30 days after notice is given. At the first meeting, the Association and TEBA shall exchange details of all amendments sought.

2.6.2      For local table bargaining, representatives of the Association and the Employer shall meet and commence collective bargaining not more than 30 days after notice is given. At the first meeting, the Association and Employer shall exchange details of all amendments sought.

2.7          Opening with Mutual Agreement

2.7.1      The Association and TEBA may at any time by mutual agreement negotiate revisions to the central matters contained in this collective agreement. Any such revisions shall become effective from such date as shall be mutually agreed upon by the Association and TEBA.

2.7.2      The Association and the Employer may at any time by mutual agreement negotiate revisions to the local matters contained in this collective agreement. Any such revisions shall become effective from the date mutually agreed upon by the parties.

2.8          Provision of Information

2.8.1      As the Association is the bargaining agent for the teachers employed by each Employer, each Employer shall provide to the Association at least once each year no later than October 31, a list of its teachers who are members of the Association including the name, certificate number, home address, home phone number and the name of their school or other location where employed.

2.8.2      Each Employer shall provide the following information to the Association and to TEBA annually:

a)            Teacher distribution by salary grid category and step as of September 30;
b)            Health Spending Account (HSA)/Wellness Spending Account (WSA)/Registered Retirement Savings Plan (RRSP) utilization rates;
c)            Most recent Employer financial statement;
d)            Total benefit premium cost;
e)            Total substitute teacher cost; and
f)             Total allowances cost.

3.            SALARY

3.1          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.

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

3.1.2      Each teacher shall be paid one-twelfth of the teacher's annual salary on or before the 26th of each month.

3.1.3      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.

3.2          Grid

3.3          Education – 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.

3.3.1      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.

3.3.2      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.

3.3.3      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.

3.3.4      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.

3.3.5      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.

3.4          Experience - 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 3.4.1.  Clause 3.4 is effective until August 31, 2017.

3.4.1      Where the substitute teacher provides service with the Employer for 180 school days within four consecutive years, the provisions of clause 3.4 shall apply.  It shall be the responsibility of the substitute teacher to keep a record of their 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.  Clause 3.4.1 is effective until August 31, 2017.

3.4.2      Effective September 1, 2017 teachers shall gain experience while holding a valid Alberta teaching certificate or its equivalent, and working while:

a)            under contract in a position that requires a teaching certificate as a condition of employment, excluding leaves of absence without salary and vacation periods; and

b)            employed as a substitute teacher within the preceding five (5) years.

3.4.3      Effective September 1, 2017 a teacher shall be granted only one (1) experience increment during any one (1) school year.

3.4.4      Effective September 1, 2017 previously unrecognized experience gained in one school year with a Employer may be carried over for calculation of experience increments in the following school year with that same Employer.

3.4.5      The provisions of 3.4.2 through 3.4.4 shall not be applied retroactively other than to permit unrecognized experience gained in the 2016-17 school year with a Employer being carried over for calculation of experience increments in the 2017-18 school year with that same Employer.

3.4.6      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.

3.4.7      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.

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

3.4.9      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.

3.4.10    Notwithstanding clause 3.4.9, 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

4.            ADMINISTRATOR ALLOWANCES AND CONDITIONS OF PRACTICE

4.1          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.

4.1.1      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.

4.1.2      The amount and method of remuneration shall be set by the Employer after consultation with the local employee representatives on the Teacher Welfare Committee.

4.2          Principal’s Allowance:

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:

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

Effective August 31, 2018, combine principals allowance categories 1–3 with a minimum allowance of $16,907.

Principals shall receive one (1) day in lieu each year. This day is not subject to carry forward or pay out.

4.2.1 Assistant Principal’s Allowance

(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.

(c)           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.

4.2.2      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.

4.2.3      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.

4.3          Red Circling No principal or assistant principal shall have their allowance reduced by reason of implementation of clause 4.2 unless the number of students is reduced, in which case, the allowance shall be reduced accordingly.

4.4          Acting/Surrogate Administrators

4.4.1      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.

4.4.2      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.

4.5          Teachers with Principal Designations

4.5.1      Effective September 1, 2017, a teacher designated as a principal shall enter into a series of term contracts for a period of up to five (5) years. Up to two (2) of these five years may be on a probationary basis. Following the term contract maximum of five (5) years, inclusive of the maximum two (2) years probationary period, the Employer must decide whether or not the designation will continue, and if it continues, it is deemed to be a continuing designation.

4.5.2      Any current principal who has had a term contract(s) for a term(s) of a total of less than five years on September 1, 2017 may continue under the term contract until the total number of years designated as a principal is five years. When the total length of the principal’s designation will be five years as of August 31, 2018, the Employer must decide by April 30, 2018 whether or not the designation will continue in the 2018-19 school year, and if it continues, it is deemed to be a continuing designation.

4.5.3      For any current principal who is on a term contract(s) for a period of five years or more as of September 1, 2017, the Employer must decide by January 31, 2018 whether or not the designation will continue, and if it continues, it is deemed to be a continuing designation. If the designation is not continued, it will expire at the conclusion of the term provided in the term contract, unless it is otherwise terminated in accordance with the express provisions of the term contract.

4.6          Other Administrator Designations

4.6.1      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 $689.00.

4.6.2  A teacher designated as Principal at Large shall receive an annual allowance equal to a Category 1 Administrative Allowance as per Article/clause 4.2.  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 4.2.

5.            SUBSTITUTE TEACHERS

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.

5.1          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, shall be:

Daily Sub Rate -              $212.98

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

5.2          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.

5.2.1      Effective September 1, 2017, the period of consecutive employment during the school year shall not be considered interrupted or non-consecutive, if a holiday, teachers’ convention, professional day or such other system-regulated breaks interrupt the substitute teacher’s continuity in the classroom.

5.3          Other Substitute Teacher Conditions:

5.3.1      A substitute teacher who is cancelled less than 24 hours before they are scheduled to begin work, will be paid ½ the daily rate in clause 5.1 for that day provided they arrive at the school and provide a ½ day service.

5.3.2      Substitute teachers are invited to attend all divisional and school based in-service at no cost to the division.  No travel costs or per diems will be paid to a substitute teacher. 

6.            PART TIME TEACHERS

6.1          FTE Definition: Effective September 1, 2017, part-time teacher FTE will be determined by the ratio of the teacher’s actual annual instructional time to the teacher instructional time of a full-time assignment in the teacher’s school. This FTE will be used to calculate the prorated portion of a teacher’s assignable time.

7.            GROUP BENEFITS

7.1          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.

7.2          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, and Vision where they receive coverage through their spouse.

7.3          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

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

7.3.1      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 their spouse and dependant(s).

7.4          Payments made towards benefit plans by the Employer shall permit it to retain and not pass on to teachers, any rebates of Employment Insurance premiums

7.5          All new teachers have benefits in place when they begin work with the division, including in-service/orientation.

8.            CONDITIONS OF PRACTICE

8.1          Teacher Instructional and Assignable Time

8.1.1      Effective September 1, 2017, teacher instructional time will be capped at 907 hours per school year commencing the 2017-18 school year.

8.1.2      Effective September 1, 2017, teacher assignable time will be capped at 1200 hours per school year commencing the 2017-18 school year.

8.2          Assignable Time Definition

8.2.1      Assigned Time is defined as the amount of time that Employers assign teachers and within which they require teachers to fulfill various professional duties and responsibilities including but not limited to:

a)            operational days (including teachers’ convention)
b)            instruction
c)            supervision, including before and after classes, transition time between classes, recesses and lunch breaks
d)            parent teacher interviews and meetings
e)            Employer and school directed professional development, time assigned to teacher professional development, and travel as defined in Clause 8.2.3
f)             staff meetings
g)            time assigned before and at the end of the school day
h)            other activities that are specified by the Employer to occur at a particular time and place within a reasonable work day.

8.2.2      Teachers have professional obligations under the School Act and regulations made pursuant to the School Act, as well as the Teaching Quality Standard, which may extend beyond what is assigned by Employers. Teachers have discretion, to be exercised reasonably, as to when they carry out their professional responsibilities that extend beyond their assigned time.

8.2.3      Time spent traveling to and from professional development opportunities identified in 8.2.1 (e) will not be considered in the calculation of a teacher’s assignable time if:

a)            the teacher is being provided any other pay, allowances or a per diem for that travel time (excluding any compensation provided for mileage).

b)            the actual distance required to travel for the purposes of such professional development does not exceed the teachers’ regular commute to their regular place of work by more than eighty (80) kilometers. In such instances, assignable time will be calculated as one quarter (1/4) of an hour for every twenty (20) kilometers traveled in excess of the eighty (80) kilometer threshold.

c)            the time is spent traveling to and from the teacher’s annual convention.

8.3          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.

8.4          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.

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

9.            PROFESSIONAL DEVELOPMENT

9.1          Teacher Professional Growth Plan

9.1.1      Teacher Professional Growth Plans will consider but will not be required to include the Employer’s goals.

9.1.2      The teacher professional growth process, including discussions between the teacher and principal on the professional growth plans, will continue to take place.

9.1.3      Employers and/or schools are not restricted in developing their own staff development plan in which the Employer and/or school may require teachers to participate.

9.2          PROFESSIONAL IMPROVEMENT LEAVE may be granted by the Employer on application by a teacher for the following reasons:

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

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

9.2.3      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.

9.2.4      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 9.4.7 plus interest calculated on the basis of the existing current rate.

9.2.5      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.

9.2.6      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.

9.2.7      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.

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

9.2.9      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 9.4.7 calculated in the ratio that the period of approved leave bears to the school term.

9.2.10    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.

9.4.11    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.

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.

11.          MATERNITY, ADOPTION AND PARENTAL LEAVE

11.1        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.

11.1.1    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.

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

11.1.3    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.

11.1.4(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 11.1.4 (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.

11.1.5    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.

11.1.6    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.

11.1.7    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.

11.1.8    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.

11.2        Benefits – Prepayment or Repayment of Premiums During Unpaid Portion of Leave

11.2.1    Teachers may prepay or repay benefit premiums payable during the duration of a maternity, adoption or parental leave.

11.2.2    Subject to the terms and conditions of the benefits insurance carrier policies, teachers on maternity, adoption or parental leave may make arrangements through the Employer to prepay 100 per cent of the benefit premiums for applicable benefits provided for in the existing collective agreement, for a period of up to 12 months.

11.2.3    Notwithstanding Clause 11.2.2, subject to the terms and conditions of the benefits insurance carrier policies, upon request by the teacher, the Employer will continue paying the Employer portion of the benefit costs for a teacher on maternity, adoption or parental leave, for a period of up to twelve months, provided the teacher repays the teacher portion of the benefit premiums.

11.2.4    A teacher who commits to Clause 11.2.3 is responsible to repay the amount of the Employer paid benefit premiums, and shall reimburse the Employer upon return from the leave, in a mutually agreeable, reasonable manner over the period of no more than twelve months following the teacher’s return to duty.

11.2.5    If a teacher fails to return to their teaching duties, the teacher shall be responsible to forthwith repay the Employer paid benefit premiums, and shall reimburse the Employer upon receipt of an invoice.

11.2.6    If a teacher has not fully repaid the cost of benefit premiums previously paid by the Employer under Clause 11.2.3 the teacher is not eligible to reapply for additional consideration under Clause 11.2.3.

12.          PRIVATE BUSINESS/GENERAL/PERSONAL LEAVES OF ABSENCE

12.1        Leave of Absence - Personal Leave

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

12.1.2  The first two (2) days of leave shall be at full pay and applicable benefits.

12.1.3  Each teacher shall be eligible to accumulate up to two unused personal leave days per year, and may carry forward no more than three (3) days in any one school year.

12.1.4  Accumulated leave taken shall be at full pay less the cost of a substitute teacher as per clause 5.1.

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

12.1.6  No teacher, or principal, may utilize more than five personal leave days, under clause 12.2, in any one school year.

13.          ASSOCIATION LEAVE AND SECONDMENT

13.1        A teacher shall be granted leave of absence with pay provided the Employer is reimbursed by the Association for the actual costs of the substitute, including the Employer portion of statutory benefit contributions, to fulfill the duties as an elected or appointed member of the Provincial Executive Council, Discipline and Practice Review Committees, and central and local table negotiating committees.

13.2        Upon written request to the superintendent or designate, the Employer may consider additional Association Leave. The written request shall be provided with as much notice as possible and, where possible, not less than five (5) working days in advance of the leave, stating the teacher’s name, and the date(s) and time(s) the teacher will be absent from their professional duties with the Employer. The Association will reimburse the Employer as per Clause 13.1. Such leaves will not be unreasonably denied.

13.3        Where the Association requests a secondment for a teacher who is elected to Provincial Executive Council, as the President of a local, or other local official already named in the collective agreement the teacher shall be seconded on a scheduled basis up to a maximum of the teacher’s FTE provided that the amount of FTE the teacher is seconded is mutually agreed to by the Employer, the teacher, and the Association and is at no cost to the Employer.

13.4        During such secondment, the Employer shall maintain the teacher’s regular salary, applicable allowances, and any benefit contributions required by the collective agreement and make the statutory contributions on the teacher’s behalf. The Association shall reimburse the Employer for all payments made by the Employer to the teacher or on their behalf while on secondment under this clause.

14.          OTHER LEAVES

14.1        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:

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

14.1.2    Up to and including five teaching days for death.

14.1.3    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.

14.1.4    Time limits referred to in clauses 12.1.1, 12.1.2 and 12.1 3 may be extended or deferred at the discretion of the Employer should additional time be required.

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

14.1.6    Effective August 31, 2018, one (1) day shall be provided to attend the funeral of an aunt, uncle, niece or nephew.

14.2        Leave of Absence – Examination

A teacher is entitled to leave of absence with pay and applicable benefits for one day to write an examination related to the teacher's academic studies.

14.3        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 12.2

14.4        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.

14.5        Leave of Absence - Family Medical

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 of 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 may be required by the Employer of the teacher.

14.6        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 Association and the Employer where the court subpoenas a teacher to testify against the Employer, the Association will reimburse the Employer for the teacher's salary and applicable benefits.

15.          CENTRAL GRIEVANCE PROCEDURE

15.1        This procedure applies to differences:

a)            about the interpretation, application, operation or alleged violation of any central item including the question of whether such difference is arbitrable;

b)            about the interpretation, application or alleged violation of both a central item and a non-central item including the question of whether such a difference is arbitrable; and

c)            where the Association asserts that terms are implied or incorporated into the collective agreement including the question of whether such a difference is arbitrable.

15.2        “Central item” means any item which is in italics in this collective agreement.

15.3        A “non-central item” means any item which is not in italics in this collective agreement.

15.4        An “operational” day is an instructional or non-instructional day in the Employer calendar on which teachers are scheduled to work.

15.5        If there is a dispute about whether a grievance commenced under this article is properly a grievance on a central item, it shall be processed under this article unless TEBA and the Association mutually agree that the difference, or a portion of the difference, shall be referred to the local grievance procedure in Article 16.

15.6        Either TEBA or the Association may initiate a grievance by serving a written notice of a difference as follows:

a)            In the case of a grievance by the Association, by serving the notice to the Chair of the Board of Directors of TEBA.

b)            In the case of a grievance by TEBA, by serving the notice to the Coordinator of Teacher Welfare of the Association.

15.7        The written notice shall contain the following:

a)            A statement of the facts giving rise to the difference,
b)            The central item or items relevant to the difference,
c)            The central item or items and the non-central item or items, where the difference involves both, and
d)            The remedy requested.

15.8        The written notice must be served on the other party to the difference within 30 operational days of when the grieving party first had knowledge of the facts giving rise to the grievance. For the purposes of this article, the months of July and August shall not be included in the computation of the 30 operational days.

15.9        Representatives of TEBA and the Association shall meet within 15 operational days to discuss the difference or at such later date that is mutually agreeable to the parties.  By mutual agreement of TEBA and the Association, representatives of the Employer affected by the difference may be invited to participate in the discussion about the difference.

15.10     The difference may be resolved through terms mutually agreed upon by TEBA and the Association. Any resolution is binding on TEBA, the Association, the affected Employer, and any affected teacher or teachers.

15.11     If the difference is not resolved, the grieving party may advance the difference to arbitration by notice to the other party within 15 operational days of the meeting.

15.12     (a) Each party shall appoint one member as its representative on the Arbitration Board within 15 operational days of such notice and shall so inform the other party of its appointee. The two members so appointed shall, within 15 operational days of the appointment of the second of them appoint a third person who shall be the Chair. In the event of any failure to appoint or an inability to agree on the person to serve as the Chair, either party may request in writing that the Director of Mediation Services make the necessary appointment.

(b)TEBA and the Association may, by mutual agreement, agree to proceed with an Arbitration Board composed of a single arbitrator rather than a three-person Arbitration Board. In this event TEBA and the Association shall within 15 operational days of the agreement to proceed with a single arbitrator appoint a person to serve as the single arbitrator. In the event of any failure to agree on the person to serve as the single arbitrator, either party may request in writing that the Director of Mediation Services make the necessary appointment.

15.13     The Arbitration Board shall determine its own procedure but shall give full opportunity to TEBA and the Association to present evidence and to be heard.

15.14     The Arbitration Board shall make any order it considers appropriate. Without limiting the generality of the foregoing, an Arbitration Board may order that:

a)            An affected Employer rectify any failure to comply with the collective agreement.
b)            An affected Employer pay damages to the Association, affected teacher or teachers, or both.
c)            TEBA and the Association take actions considered fair and reasonable by the Arbitration Board.

15.15     The award of the Arbitration Board is binding on:

a)            TEBA and the Association.
b)            Any affected Employer.
c)            Teachers covered by the collective agreement who are affected by the award.

15.16     TEBA and the Association shall bear the expense of its respective appointee and the two parties shall bear equally the expense of the Chair.

16.          LOCAL 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 Teacher Welfare 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 their representative of the grievance to arrange a meeting with the grievor and/or their 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 Teacher Welfare 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.          EMPLOYMENT

17.1        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.

17.2       If a teacher receives sick leave benefits because the teacher has been injured through the fault of another party, the Board has subrogation rights. This means the teacher, may be required to include a claim to recover these benefits from the other party and then reimburse the Board the benefits received less the cost of litigation on a proportionate basis. The Board shall notify the teacher of this requirement in a reasonable period of time of the said benefits commencing.

17.3        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.

17.4        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.

17.5        Subject to the approval of the Superintendent, staff deployment is the responsibility of the principal.

LETTERS OF UNDERSTANDING – CENTRAL

New Letter of Understanding #1 – Trial Program on Time Off for Compression

1.1          This Letter of Understanding is made pursuant to Article 8 of the collective agreement (Conditions of Practice). The parties agree that where teacher instructional time is compressed and where current collective agreements are silent, teachers will receive time off in relation to the additional time worked as provided for in the chart below. Days will be rounded to the nearest 0.25 for this calculation. It is recognized by both parties that flexibility is required to maintain the calendar for the Employer but also provide assurance for teachers that increases in the length of instructional days may result in associated time off for teachers.

1.2          For the purpose of this collective agreement and notwithstanding the provisions of the School Act, Teachers’ Convention is counted as a non-instructional day.

1.3          The trial program will take place during the 2017-18 school year and expires on August 31, 2018, notwithstanding that the collective agreement is bridged by operation of law.

New Letter of Understanding # 2 – Me Too Clause/Increase Modifier

1.            For the purposes of this Letter of Understanding only, the following definitions apply:

1.1          “comparator agreement” means the provincial collective agreements listed below for the period commencing April 1, 2017:

• Government of Alberta and the Alberta Union of Provincial Employees respecting the Locals 1, 2, 3, 4, 5, 6 and 12
• Alberta Health Services and United Nurses of Alberta
• Alberta Health Services and the Health Sciences Association of Alberta
• Alberta Health Services and Alberta Union of Provincial Employees – Auxiliary Nursing
• Alberta Health Services and Alberta Union of Provincial Employees – General Support Services

1.2          “first year” means with respect to a comparator agreement the period from April 1, 2017 to March 31, 2018.

1.3          “second year” means with respect to a comparator agreement the period from April 1, 2018 to March 31, 2019.

1.4          “general salary increase” means a salary increase percentage applied to all steps of all grids of a comparator agreement.

1.5          For greater certainty, “general salary increase” does not include market supplements or adjustments, grid adjustments, signing bonuses, reclassifications, changes to benefit premium cost sharing, new benefits or any other form of compensation whatsoever other than a common percentage increase applied to all steps of all grids applicable to each bargaining unit. It includes only such general salary increases negotiated, prior to a strike or lockout, and does not include any increases resulting from a voluntary interest arbitration award, a disputes inquiry board recommendation, or a settlement during or following a strike or lockout.

1.6          “Lump sum payment” means a one-time payment, consistent with other one-time payments sometimes referred to as signing bonuses. “Lump sum payment” explicitly does not include the continuation or renewal of lump sum payments currently provided in existing comparator agreements between Employers and unions listed in Clause 1.1 of this Letter of Understanding.

2.            If a general salary increase(s) for a comparator agreement in either the first year (September 1, 2016 to August 31, 2017) or second year (September 1, 2017 to August 31, 2018) exceeds 0%, the general salary increase(s) negotiated under that comparator agreement will be applied to the salary grid, administrative allowances and daily substitute teacher rate of pay of the collective agreements with the Association in the first year or the second year respectively, and effective the same date(s) as provided in the affected comparator agreement. If more than one general salary increase is negotiated for comparator agreements, the increases shall not be compounded across multiple comparator agreements, however, the total highest such general salary increase(s) in each year will be applied to the salary grid, administrative allowances and daily substitute teacher rate of pay.

3.            If a new lump sum payment(s) for a comparator agreement in either the first year (September 1, 2016 to August 31, 2017) or second year (September 1, 2017 to August 31, 2018) is negotiated, the newly negotiated lump sum payment(s) negotiated under that comparator agreement will be applied to the collective agreements with the Association in the first year or the second year respectively, and effective the same date(s) as provided in the affected comparator agreement. If more than one newly negotiated lump sum payment is negotiated for comparator agreements, the lump sum payments shall not be compounded across multiple comparator agreements, however, the total highest of such lump sum payment(s) in each year will be applied to the salary grid, administrative allowances and daily substitute teacher rate of pay.

4.            This Letter of Understanding expires on August 31, 2018 and will not be extended beyond that date notwithstanding that the collective agreement is bridged by operation of law. This Letter of Understanding will not apply to a general salary increase or lump sum payment for a comparator agreement negotiated to be effective after August 31, 2018.

New Letter of Understanding #3 – Classroom Improvement Fund (CIF) Grant Program

1.            Each Employer will establish a committee to support the CIF grant program. CIF committees will be composed of equal number of Employer representatives, appointed by the Employer or designate, and teacher representatives, appointed by the Association. Teacher representatives must be employed by the Employer. CIF committees will have a minimum of six (6) and maximum of ten (10) equal representatives total. CIF committee may meet as viewed necessary, but shall meet at least once in the 2017-18 school year.

2.            CIF committees will be responsible for reviewing and prioritizing proposals and agreeing to the distribution of the CIF grant funds available for that Employer. The committee will be responsible to prioritize proposals based on classroom needs and approve CIF allocation of resources up to the funds available for that Employer.

3.            A majority of the CIF committee members must agree in order to advance a proposal for a CIF grant.

4.            The Employer must forward agreed-upon CIF proposals to Alberta Education. The decisions of the CIF committee is not subject of a grievance under this collective agreement.

LETTERS OF UNDERSTANDING – LOCAL

Letter of Understanding #4

Should the Government of Alberta introduce any payroll deduction for Health Care, the parties agree to meet to discuss cost recovery acceptable to both parties.

Letter of Understanding #5 - Professional Development Study

To study distribution, application procedures and allocation of PD funds to inform future rounds of bargaining.

Letter of Understanding #6

The parties hereby agree that the following constitutes mutual agreement between parties.

The parties agree that the collective agreement commencing September 1, 2016 and currently bridged and in effect be amended to:

Replace all instances of Economic Policy Committee (EPC) with Teacher Welfare Committee (TWC).

IN WITNESS WHEREOF the parties have executed this letter of understanding this 14 day of November, 2018

This template is an accurate and true reflection of the list dated 2016 05 17 and the Memorandum of Agreement dated 2017 04 24.