The Alberta Teachers’ Association

BETWEEN:

THE BOARD OF TRUSTEES OF THE CALGARY ROMAN CATHOLIC SEPARATE SCHOOL DISTRICT NO. 1, OF THE PROVINCE OF ALBERTA (hereinafter referred to as "the District"),

OF THE FIRST PART

- and -

THE ALBERTA TEACHERS' ASSOCIATION, (hereinafter referred to as "the Association"), ACTING ON BEHALF OF THE TEACHERS EMPLOYED BY THE DISTRICT,

OF THE SECOND PART

WITNESSETH:

WHEREAS the Association is the Bargaining Agent of the teachers employed by the District; and

WHEREAS terms and conditions of employment of these persons have been subject to negotiations between the parties; and

WHEREAS the parties desire that these matters be set forth in an Agreement;

NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:

1.   APPLICATION

1.1   Teachers Covered

This Agreement shall be applicable to all teachers employed by the District under engagement pursuant to the School Act, ch S-3, Statutes of Alberta, 2000, with the exception of the Executive Liaison to the Chief Superintendent, all Directors and all personnel above the rank of Director.

2.   TERM

2.1   Effective Date

Unless otherwise specified, this Agreement shall take effect on September 1, 2012 and shall remain in full force and effect until August 31, 2016.

2.1.1 (a) Either party wishing to give notice of intention to commence negotiations for the renewal of this Agreement shall do so no sooner than one hundred and fifty (150) days prior to and no later than sixty (60) days prior to the stated termination date of this Agreement.

(b) It is understood that the parties shall commence negotiations within thirty (30) days of notice in (a) above.

3.   BASIC SALARY

3.1   Basic Salary Schedule

The salary for a teacher shall be determined pursuant to the following Basic Salary Schedule:

September 1, 2012 to August 31, 2014

Categories of Teacher Qualification and Applicable Salary

September 1, 2014 to August 31, 2015

Categories of Teacher Qualification and Applicable Salary

September 1, 2015 to August 31, 2016

Categories of Teacher Qualification and Applicable Salary

A one-time lump sum payment of 1% of the annual salary as set out in the Basic Salary Schedule 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, 2015.

3.1.1   The District on a monthly basis will provide ATA Local #55 with the names and employment location of teachers newly hired on an employment contract.

3.2   Evaluation of Teacher Qualification

The evaluation of teacher education and establishment of Teacher Qualification for purposes of the Basic Salary Schedule shall be determined by a Statement of Qualifications issued by the Alberta Teachers' Association Teacher Qualification Service (TQS) 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.

3.2.1   Within the first six (6) months of employment, a teacher must submit a TQS Statement of Qualifications or submit proof of application made to Teacher Qualification Service to the District.  The submission of the TQS Statement of Qualifications or proof of application made to Teacher Qualification Service to the District will ensure retroactive salary payment to the date of employment.  Upon receipt of the TQS Statement of Qualifications by the District retroactive salary will be paid to the teacher.

Failure by the teacher to submit a TQS Statement of Qualifications or submit proof of application made to Teacher Qualification Service to the District within the first six (6) months of employment will result in salary adjustments being made on the first day of the month immediately following submission of a TQS Statement of Qualifications or proof of application made to Teacher Qualification Service.

3.3   Initial Salary Above Schedule

Notwithstanding anything to the contrary expressed or implied, the District may pay a teacher in a category of Teacher Qualification above that determined by the Teacher Qualification Service of the Association for the purposes of this clause defined as "above schedule", under the following conditions:

(i) Those teachers who at the date of signing of this Agreement have a contract of employment which was offered on a basis of payment in a category above schedule shall continue to receive such payment, it being understood that payment above schedule terminates when the teacher's evaluation equals the level of above schedule payment.

(ii) Those teachers claiming credit for religious education courses that are not recognized in the evaluation of Teacher Qualification pursuant to clause 3.2 may be paid in a category of Teacher Qualification above schedule on the basis of one category per five such courses.

3.4   Adjustment Date

The adjustment dates for any change in the evaluation of teacher qualification shall be made on the first day of the month immediately following receipt by the District of a TQS Statement of Qualifications issued by the Teacher Qualification Service evidencing increased qualification or proof of application for review of teacher qualification by Teacher Qualification Service.

3.5   Adjustment on Appeal

Notwithstanding clause 3.4 where a teacher successfully appeals to the Teacher Qualification Service in respect of any change in evaluation of Teacher Qualification, the effective date of the adjustment under clause 3.4 shall be made on the first of the month immediately following the date the appeal was launched to the Teacher Qualification Service.

The District will provide retroactive salary adjustment to the month of the teacher’s original submission to Teacher Qualification Service if the teacher launches their appeal to Teacher Qualification Service within six (6) calendar months from the date that the Statement of Qualification was issued.

3.6   Prior Teaching Experience

3.6.1   A teacher, upon commencement of employment, must submit proof of prior teaching experience.  Such proof must be submitted within six (6) calendar months from the date of employment in order to obtain retroactivity to the date of employment.  Failure to provide proof within the six (6) calendar months will result in adjustments being made on the first day of the month immediately following submission of proof.

3.6.2   Upon commencement of employment, a teacher shall be granted one (1) increment for each full year of teaching experience acquired prior to the teacher’s current employment with the District, where the teacher having such experience was required to hold a valid teaching certificate as a condition of employment.  Teaching experience must be equivalent to teaching experience in Alberta school jurisdictions.  The maximum number of increments granted shall be that provided for in the teacher’s category of teacher education, as per clause 3.1.

3.6.3   Where the new teacher’s prior teaching experience includes partial years of service or periods of part-time service, full years of service shall be calculated as the total number of full time equivalent days of prior teaching experience in those years divided by two hundred (200).

Any remainder of one hundred and ninety (190) or more days of prior full time equivalent teaching experience shall be counted as a full year of prior teaching experience.

Any remainder of one hundred and eighty-nine (189) or less days of prior full time equivalent teaching experience shall be credited to a teacher for accumulation towards the earning of the next future increment.

3.7   Experience Increments

3.7.1   A teacher shall be granted only one (1) experience increment during any one school year.

3.7.2   Each teacher who is eligible for an increment shall, on the first (1st) day of the month immediately following the establishment of such eligibility, be placed on the next higher step of the Basic Salary Schedule for the appropriate category of teacher education, as per clause 3.1.

3.7.3   For the purpose of this clause, teaching experience shall mean the days under contract (continuing, probationary, part-time, interim and temporary) to a board in a position, which requires a teaching certificate as a condition of employment, excluding leaves of absence without salary and vacation periods.  Teaching experience shall also mean the days spent substitute teaching beginning August 28, 2000.

3.7.4   A teacher, who has accumulated a minimum of one hundred and ninety (190) full time equivalent teaching days that have not previously been counted for increment purposes, shall be granted one (1) experience increment in accordance with clause 3.7.2 and subject to the limitation of clause 3.7.1.  Further increments shall be granted for each one hundred and ninety (190) full time equivalent teaching days acquired after that date, until the teacher reaches the maximum salary of the appropriate category of teacher education, as per clause 3.1.  These increments will be effective on the first (1st) day of the month immediately following the attainment of the necessary accumulation of days.

3.7.5   The maximum number of full time equivalent days of teaching experience which may be counted for increment purposes during any school year shall be one hundred and ninety (190) days.

3.8   Withholding of Experience Adjustment

The District may withhold an experience adjustment if in its opinion the teacher has not rendered satisfactory service during the immediately preceding school year.  In no case shall the District withhold an experience adjustment for more than one year.  Such action by the District shall be subject to grievance procedures as specified in this Agreement.  Prior to withholding the experience increment, the District will provide the teacher, the Executive Assistant of Local #55 and the Coordinator of Teacher Welfare reasons in writing for its decision.

3.09   Technical Education Teachers' Qualification

Teachers hired from industry for the sole purpose of teaching Career and Technology Studies courses in their area of specialization shall be entitled to the category of Teacher Qualification that is determined pursuant to clause 3.2; but shall be given one year of teaching experience for each year of directly related industrial experience as determined by the District.  Such action by the District shall be subject to grievance procedures as specified in this Agreement.

3.10   Part-Time Teachers

A "Part-Time Teacher" is one who is employed under written contract but who is assigned to duties on a regular basis that requires less than a full-time equivalent.  A Part-Time Teacher shall be paid a salary in accordance with the Basic Salary Schedule, proportionate to the percentage of the full-time equivalent taught each day as outlined in the written contract.

4.   SALARY ALLOWANCES

4.1   Allowance

In addition to salary under Article III, the District shall pay to teachers an additional sum (in this Agreement called an "Allowance") at a rate per annum payable during the period from September 1st to August 31st, as more particularly set forth in the following provisions of this Article IV.

4.2   Pupil Count

For purposes of this Article IV, numbers of pupils in a school shall be determined by count on September 30th, to establish the rate of Allowance payable for the school year.

4.3   Principals

The District shall pay to each school Principal an Allowance as follows:

Effective September 1, 2012 to August 31, 2015

$16,875.00 plus $20.83 per pupil for each pupil over 150 pupils to maximum of $44,622.00.  Notwithstanding the formula, the minimum Allowance will be $24,863.00.

Effective September 1, 2015

$17,212.00 plus $21.25 per pupil for each pupil over 150 pupils to maximum of $45,514.00.  Notwithstanding the formula, the minimum Allowance will be $25,360.00.

4.3.1   Principals and Vice-Principals who change schools at the request of the District shall be paid the greater of (a) or (b):

(a) the Allowance received by the Principal or Vice Principal at the school in the year he/she is leaving,

(b) the Allowance that the Principal or Vice Principal could receive at the new school.

The Allowance in (a), will never be increased.

4.4   Vice-Principals

The District shall pay to each Vice-Principal an Allowance equal to one-half (1/2) of that payable under clause 4.3 to the Principal of the school in which the Vice-Principal is assigned.

4.5   Assistant Principals

The District shall pay to each Assistant Principal an Allowance of $6,880.00 effective September 1, 2012 to August 31, 2015 and $7,018.00 effective September 1, 2015.  Where an Assistant Principal is appointed, the position is in addition to the normal administrative staff allocation.

4.6   Other Allowances

The District shall pay to each teacher appointed by the District to the following positions, the Allowance respectively set forth opposite each such position, namely:

4.7   New Positions

Upon creation or designation by the District of new positions within the scope of this Article IV and not covered by clause 4.6, Allowances shall be arrived at by agreement with the Negotiating Subcommittee of the Calgary Separate School Local No. 55 of the Association, and added to this Agreement by addendum; and the said Negotiating Subcommittee is hereby authorized to so represent and bind the Association.

4.8   Principal Appointments and Designations

4.8.1   Effective September 1, 2008, any administrator with a Principal designation who has successfully completed a five (5) school year term appointment as a Principal shall have their Principal designation deemed continuing.

4.8.2   Administrators appointed to a Principal designation shall first be appointed to the Principal designation under a probationary one (1) school year term appointment to determine their suitability.  Should the District determine that a second probationary school year term appointment is required the reasons for it shall be provided, in writing, to the Principal.

At the successful conclusion of the respective probationary term, the Principal shall be granted a four (4) school year term appointment to the designation of Principal.

4.8.3   At the successful conclusion of the four (4) school year term appointment, the Principal shall be appointed to the continuing designation of Principal.

4.8.4   The continuing designation of Principal is not school specific, is not applicable in the case of resignations or the acceptance of other designations or District positions and is not applicable in surplus situations including but not limited to school closures as determined by the District.

4.8.5   Principals shall be evaluated in accordance with the District’s procedures for Principal performance evaluation.  A Principal may request a review of their evaluation to the Superintendent or designate.

4.9   Principal Absence

In the event that a Principal is absent from duty for a period in excess of five (5) consecutive teaching days, another administrator, teacher or temporary contract administrator, as determined by the District, shall assume the responsibility.  In the event that another administrator or teacher assumes the responsibility, they shall be paid the Allowance of the absent Principal, commencing with the sixth (6^th) day.

5.   GUEST (SUBSTITUTE) TEACHERS, NIGHT CLASSES AND SUMMER SCHOOL PROGRAM/CLASSES

5.1   Guest (Substitute) Teachers

In lieu of salary under the Basic Salary Schedule, the District shall pay to teachers employed on the basis of the teacher being available for service if and when called upon by the District, and known as Guest (Substitute) Teachers, an allowance of $217.04 per day of teaching effective September 1, 2012, an allowance of $217.65 per day of teaching effective September 1, 2014; and $222.00 per day of teaching effective September 1, 2015.  Half days will be paid at fifty (50%) percent of the full day allowance.

5.2   Two Consecutive Days

Notwithstanding clause 5.1, if a Guest (Substitute) Teacher is employed for a period of two (2) or more consecutive days on the same day-to-day assignment, the District shall place the Guest (Substitute) Teacher on the Basic Salary Schedule, according to teacher qualifications and experience, on the second (2nd) and consecutive subsequent days in the same day-to-day assignment.  This period of consecutive employment in the same day-to-day assignment shall not be considered interrupted or non-consecutive, if a holiday, Teachers’ Convention, a Professional Development day or such other system-regulated break interrupts the Guest (Substitute) Teacher’s continuity in the classroom.

5.3   Payment for Injury Not Covered by Workers’ Compensation Act (WCB)

Should a Guest (Substitute) Teacher not covered by Workers’ Compensation Act (WCB) benefits be unable to work as a result of an injury sustained while performing his/her duties for the District, the Guest (Substitute) Teacher shall be paid an amount of money equal to the per diem rate specified in clause 5.1 up to a maximum of twenty (20) consecutive teaching days immediately following the injury, provided the inability to work as a result of the injury is verified by a physician.

Any payment made by the District shall be made on a without prejudice basis and without any liability to the District.  Any payment accepted by the Guest (Substitute) Teacher does not preclude the Guest (Substitute) Teacher from exercising his/her ability to take legal action against the District.

The District may direct a Guest (Substitute) Teacher to be examined by the District's appointed physician at the expense of the District, provided that both the Guest (Substitute) Teacher and Local 55 of the Association are so informed in writing.

5.4   Night Classes and Summer School Program/Classes

To each teacher of a night class or summer school program/classes, the sum of $65.57 per hour of instruction effective September 1, 2012; and the sum of $66.88 per hour of instruction effective September 1, 2015.  To each coordinating teacher of night classes or summer school program/classes, the sum of $70.38 per hour of instruction effective September 1, 2012; and the sum of $71.79 per hour effective September 1, 2015.

5.5   Vacation Pay

All of the above rates of pay provided in this Article V include vacation pay.

6.   LEAVE OF ASENCE

6.1 (a) Sabbatical Leave

A teacher who has been employed by the District for eight (8) years or more, may, upon application, be granted leave of absence by the District for one (1) year or for one-half (1/2) year.

(b) Conditions of Leave

A leave of absence granted by the District under clause 6.1 shall be subject to the condition and understanding:

(i) that the teacher will spend the leave in improving professional qualifications as a teacher, in such manner as is approved by the Superintendent or designate,

(ii) that the teacher will not engage in remunerative work during the leave, unless the remuneration is accorded in connection with a fellowship awarded by the education institution where studies are pursued,

(iii) that the leave will be taken during one school year only,

(iv) that the teacher will return to regular duty with the District at the opening of schools for the next school year, or for the next half school year, as the case may be, and shall not resign or retire from service of the District for a period of two (2) years after return from the leave of absence.

(c) Sabbatical Leave Pay

Where a teacher is granted a leave of absence under clause 6.1, the District shall, during the term of such leave, pay to the teacher in lieu of all other salary, Allowance, and other compensation elsewhere in this Agreement provided, a salary at the rate of seventy (70%) percent of the gross salary that the teacher would be entitled to under the Agreement, during the year of leave.

(d) Teaching Standing

A teacher on leave of absence under clause 6.1 shall retain his seniority and equivalent position with the District during the leave.

(e) Total Leaves

The District shall grant in each school year at least a number of sabbaticals equivalent to 0.625% of the total number of teachers employed by the District as of September 30 of the preceding year.  The District may at its discretion in any one (1) year, if it considers that there are sufficient meritorious applications and that the costs are justifiable, grant additional sabbaticals up to a maximum of  1.25% of the total number of teachers employed by the District as of September 30 of the preceding year.

(f) Frequency

Not more than one (1) leave of absence whether for a one (1) year period or for a half (1/2) year period shall be granted under clause 6.1 to a teacher at one time, nor shall more than one such leave be granted to a teacher for each eight years of service with the District.

(g) Salary Increments

Time spent on leave of absence by a teacher under clause 6.1 shall not be included as "days of teaching" under clause 3.7.

6.2   Professional Development Leave and Professional Growth Subsidy

The District shall provide to the Professional Growth Subsidy 325 substitute days with the option to purchase an additional 225 substitute days for the purpose of professional development.

Effective September 1, 2014, the District shall provide to the Professional Growth Subsidy 400 substitute days with the option to purchase an additional 225 substitute days for the purpose of professional development.

The District will make available for the purposes of professional development an annual fund of $250,000.00 effective September 1, 2006.  Effective September 1, 2014, the District will make available for the purposes of professional development an annual fund of $300,000.00.  This fund will be jointly administered by the Professional Growth Subsidy Committee and the Superintendent or designate in the following manner:

The Professional Growth Subsidy Committee will review applications from teachers requiring financial assistance and will in turn make recommendations to the Superintendent or designate as to disbursements.

The Superintendent or designate shall have the final right of approval on such disbursements.  Local #55 shall provide secretarial service with respect to the fund.  The fund and its operation will be subject to audit by the District.

With the mutual agreement of the parties, substitute days can be converted to cash and added to the $250,000.00 Professional Growth Subsidy fund.  Effective September 1, 2014, with the mutual agreement of the parties, substitute days can be converted to cash and added to the $300,000.00 Professional Growth Subsidy fund.

6.3 (a) Sick Leave

Teachers with less than six (6) months service will, receive two (2) teaching days per month of paid sick leave, for the purpose of necessary medical or dental treatment or because of accident, sickness or disability.  The two (2) teaching days per month will be pro-rated and credited for the first month of the teacher’s employment based on their date of commencement of employment.  For the second and subsequent months, the two (2) teaching days per month will be credited to the teacher on the first day of each month.  Teachers in the employ of the District for more than six (6) months will be granted up to ninety (90) calendar days.

(b) Duration of Sick Leave

After ninety (90) calendar days of continuous absence due to medical disability, no further salary shall be paid and the Long Term Disability Plan shall take effect.

A teacher who is absent because of accident, sickness or disability during a vacation period, the first day of sick leave for the teacher will be the first day the teacher was required to be at work following the vacation period.

(c) Sick Leave Coverage

A teacher who has been absent due to medical disability shall, upon return to full-time duty, have the ninety (90) calendar days of sick leave entitlement reinstated.

However, should the teacher after having returned to work from the Long Term Disability Plan suffer from a recurrence of the same disabling condition within six (6) months, the teacher shall apply for Long Term Disability benefits immediately.  Once approved the Long Term Disability benefit shall be effective the first day of absence due to the recurrence.

(d) Sick Leave Documentation

Before any payment is made under the foregoing regulations, the teacher shall provide:

(i)A teacher who is absent for necessary medical or dental treatment or because of accident, sickness or disability for more than three (3) consecutive school days shall present a District Medical Form to the District.  A teacher who is absent for the aforementioned reasons for up to three (3) consecutive school days may be required to present a District Medical Form to the District provided that the teacher is informed of such requirement on the day of absence or as soon thereafter as the teacher can be contacted by the District and Local 55 of the Association shall be so informed in writing.

(ii) When the sickness extends for a period of over one (1) month, the employee may, at the discretion of the District, be called upon to furnish a further District Medical Form at the end of each month during the duration of the sickness.

(iii)Prior to returning to work after an absence due to illness of over twenty (20) calendar days, an employee shall supply a satisfactory District Medical Form, signed by a qualified medical practitioner.

(iv) The District may direct a teacher to be examined by the District's appointed physician and/or to a Functional Work Assessment at the expense of the District, provided that both the teacher and the Executive Assistant of Local 55 are so informed in writing.

(e) Changes to District Medical Form

Should the District anticipate changes to the District Medical Form, the District shall formally discuss anticipated changes with the ATA Negotiating Subcommittee.  The ATA Negotiating Subcommittee shall be fully informed of all particulars, where possible, at least one (1) month in advance, prior to any meeting(s).

6.4 Employment Insurance Rebates

In consideration of the improvements to the Employee Benefit Plans and Sick Leave Benefits, the employees covered by this Agreement waive any claims on additional rebates occasioned by the complete District coverage of the Employment and Immigration Commission Disability Plan.

6.5 Compassionate Leave

A teacher attending the funeral of a near relative shall be granted three (3) days leave of absence with pay if the funeral is in the City of Calgary or five (5) days leave of absence with pay if outside the City.  If the teacher does not attend the funeral, reasonable leave with pay may be granted by the Superintendent or designate.  Additional leave may be granted when, at the discretion of the Superintendent or designate, circumstances warrant it.

6.6 Family Critical Illness and Emergency Leave

In the event of critical illness of a near relative or other family emergency, a teacher shall be granted a maximum of five (5) days leave of absence with pay.  For the purposes of this clause, a family emergency shall be defined as an emergency where the presence of the teacher is required.  Additional leave may be granted, when at the discretion of the Superintendent or designate, circumstances warrant it.

6.7   Near Relative

For purposes of clauses 6.5 and 6.6, "near relative" shall be defined as the spouse of the teacher and the grandparents, parents, brothers, sisters, children, and grandchildren (and their respective spouses) of the teacher and of the teacher's spouse and other persons at the discretion of the Superintendent or designate.

6.8   University Examinations

The District shall grant a leave of absence with pay to a teacher when the leave is required for the purpose of writing examinations related to certification or professional qualification of the teacher.

6.9   Paternal Leave

A husband shall be granted two (2) days leave with pay at any time within the two (2) week period following the birth of the teacher’s baby.

6.10   Jury Duty

A teacher shall be granted by the District such time as is required for jury duty. The teacher shall present proof of service and will return to the District such fees as are paid to her/him by the court for jury duty appearances.

6.11   Court Appearances

A teacher shall be granted by the District such time as is required for appearance as a subpoenaed witness provided that the matter for which the teacher is required to testify is not against the District or in an action commenced by the teacher for financial gain.  The teacher shall present proof of service and will return to the District such fees as are paid to her/him by the court for such appearances.

6.12   Adoption Leave

A teacher shall be granted leave with pay for adoption purposes as follows:

One (1) day within the city, and
Two (2) days out of the city.

6.13   Teacher Leave

Effective September 1, 2014, a teacher, upon application to the Superintendent or designate, shall be granted one (1) day of paid leave of absence during a school year.  The cost of the Guest (Substitute) Teacher shall be paid by the District.

Paid leave of absence will not be granted:

during Teachers’ Convention;
on Faith Day;
on Professional Development days;
on Parent/Teacher days;
on District Teacher Organization days;
on School Special Event days; and
to extend any holiday periods.

The District may limit the number of teachers granted paid leave of absence on any given day so as not to have any negative effect on District operations.

6.14   Principal Leave

Principals shall be granted one (1) day leave with pay during a school year.  The day taken shall be approved by the Superintendent or designate.  If the day is not taken by June 30 of the current school year, the Principal will be paid out for the day at the rate of one two-hundredth (1/200th).

Effective September 1, 2013, Principals shall be granted two (2) days leave with pay during a school year, at a time mutually agreeable to the Principal and the Superintendent or designate.  Failing agreement about whether the dates are mutually agreeable to the Principal and the Superintendent or designate, the District will pay out the unused paid leave days at the rate of one two-hundredth (1/200th) of the Principal’s annual salary and Allowance by the end of June of each year.

6.15   President/Provincial Executive Council Member Release/Secondment Leave

A teacher who is elected president of Local #55 or to the provincial executive council shall be granted at least a 0.5 FTE release/secondment leave with salary and benefits.  Local #55 or the Association shall reimburse the District for the cost of salary and benefits.

6.16   Association Business Leave

The District may grant reasonable requests for a leave of absence to a teacher for the purpose of performing Alberta Teachers’ Association business.  A written request shall be given by the Association or Local 55 to the Superintendent or designate at least five (5) working days (where possible) in advance of the leave, stating the teacher's name, information for billing purposes, and the date(s) and time(s) the teacher will be absent from their professional duties with the District.  The Superintendent or designate shall review the request and notify the Association or Local 55 and the teacher of the decision.  Subsequently, the Association or Local 55 will reimburse the District as per clause 7.6 Personal Leave.

7.   LEAVE OF ABSENCE WITHOUT PAY

7.1   Leave

The District may, upon application, grant a leave of absence for up to one (1) year without pay to a teacher:

(a) in the case of circumstances attested to by a qualified medical practitioner, or

(b) if the teacher attends a university for undergraduate or postgraduate work; and the determination of granting of such leave will follow traditional practice, or

(c) for any other reason the District may deem justifiable.

When leave granted under this clause exceeds twenty-one (21) calendar days, the teacher will be responsible for the costs of benefits for the duration of the leave.

A teacher granted leave of absence under this clause shall retain his seniority and equivalent position as a teacher with the District for the duration of the leave.

A teacher returning from a leave of absence shall submit a medical certificate if requested by the District.

7.2   Maternity Leave

A teacher is entitled to maternity leave for a period of eighteen (18) calendar weeks.  Effective September 1, 2014, a teacher is entitled to maternity leave for a period of fifteen (15) calendar weeks.  Maternity Leave, other than the health related portion, shall be at no cost to the District.  The leave will consist of:

(a) (i) a period not exceeding twelve (12) calendar weeks immediately preceding the estimated date of delivery or such shorter period as the teacher may request.

(ii) the period, if any, between the estimated date of delivery and the actual date of delivery, and

(iii) a period not shorter than six (6) calendar weeks following the actual date of delivery.

(iv) where the pregnancy of the teacher interferes with the performance of her duties, the District may, by notice to the teacher, require the teacher to commence Maternity Leave.

(b) The teacher shall give a minimum of two (2) calendar weeks’ notice in writing of the day upon which she intends to commence Maternity Leave together with a District Medical Form giving the estimated date of delivery.

(c) The teacher, upon written request and with the approval of the Superintendent or designate, may return to duties prior to the expiration of the six (6) calendar weeks following the actual date of delivery after providing a District Medical Form indicating that resumption of work would not endanger the health of the teacher.

(d) Upon the written request of the teacher, the District shall grant, at no cost to the District, an extension of such leave for the balance of the school year.  The District is under no obligation to reassign a teacher to staff except at the beginning of the school year following Maternity/Parental Leave.

(e) Effective September 1, 2014, the District shall pay its portion of required group insurance premiums described in Article 8.2 during the Maternity Leave, inclusive of the health related portion.

7.3   Supplemental Employment Benefits (SEB) Plan

All teachers eligible for Maternity Leave and sick leave benefits will be covered by the Supplemental Employment Benefits Plan, hereinafter called "the Plan".

The Plan is to supplement Employment Insurance benefits (E.I. benefits) received by teachers for temporary unemployment caused by health related reasons relating to pregnancy during Maternity Leave.  The Plan shall only be payable for days which the teacher would have worked had she not been absent on Maternity Leave.

Teachers shall prove that they have applied for and are in receipt of E.I. benefits and that they are incapable of working because of a condition related to the pregnancy in order to receive payment under the Plan.

The Plan is payable for a period during which a teacher is not in receipt of E.I. benefits if the only reason for non-receipt is the teacher is serving a two (2) week E.I. waiting period.

Teachers shall submit a District Medical Form recommending absence from work because of a condition relating to her pregnancy.

The benefit level paid under the Plan is set at the equivalent of the teacher's regular salary and benefits.

The total amount of Plan benefits and E.I. benefits will not be greater nor less than the equivalent of the teacher's regular salary and benefits.

A teacher who is not eligible for E.I. benefits shall be entitled to access sick leave for the duration of the health related portion of Maternity Leave.

The Plan will be paid for the duration of absence from duties for a health reason relating to pregnancy, during Maternity Leave up to a maximum of 13 weeks.  The duration of absence shall be determined by a District Medical Form from the teacher’s physician or a midwife registered with the College of Midwives of Alberta.  After ninety (90) consecutive calendar days of continuous absence due to medical disability, no further Plan payments shall be paid and the Long Term Disability Plan shall take effect.

The Plan will be financed by the District’s general revenues.

Supplemental Employment Benefits payments will be identified and kept separately from the District’s payroll records.

Teachers do not have any right to the Plan payments except for supplementation of the E.I. benefits for the unemployment period specified in the Plan.

Payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits will not be reduced or increased by payments received under the Plan.

Teaching days, designated as the health related portion of Maternity Leave, shall be considered for increment purposes.

7.4   Leave for Purposes of Adoption

A teacher is entitled to adoption leave for a period of up to fifty-two (52) calendar weeks.  Adoption leave shall be at no cost to the District.

(a) The teacher shall give a minimum of six (6) calendar weeks’ notice in writing, except where impracticable, of the day upon which the teacher intends to commence adoption leave.

(b) Where both parents are teachers, the leave may be taken by either the father or mother or shared between them, with the total leave not to exceed fifty-two (52) consecutive weeks.  The District is not required to grant adoption leave to both parents at the same time.

(c) During such leave, continuation of benefits shall be conditional upon the teacher paying the full cost of such plans.

(d) Upon the written request of the teacher, the District shall grant, at no cost to the District, an extension of such leave for the balance of the school year.

(e) Notwithstanding clause 7.9, in the first two (2) weeks of the leave a teacher may give two (2) days’ notice to return to work and after the first two (2) weeks of leave, the teacher will provide a minimum of four (4) school weeks’ notice in writing of the day upon which the teacher intends to return to work.

(f) The District will reinstate the teacher to the teaching position occupied when the adoption leave commenced or to an alternative teaching position of a comparable nature.

7.5   Parental Leave

The District shall grant, at no cost to the District, Parental Leave of absence to a teacher as follows:

(a) To a teacher entitled to Maternity Leave as per clause 7.2, a period of not more than thirty-seven (37) consecutive weeks immediately following the last day of Maternity Leave.

(b) To a teacher who is the father, a period of not more than thirty-seven (37) consecutive weeks within fifty-two (52) weeks after the child’s birth.

(c) Where both parents are teachers, the leave may be taken by either the father or mother or shared between them, with the total leave not to exceed thirty-seven (37) consecutive weeks.  The District is not required to grant parental leave to both parents at the same time.

(d) The teacher shall give a minimum of six (6) calendar weeks notice in writing, except where impracticable, of the day upon which the teacher intends to commence parental leave.

(e) During such leave, continuation of benefits shall be conditional upon the teacher paying the full cost of such plans.

(f) Upon the written request of the teacher, the District shall grant, at no cost to the District, an extension of such leave for the balance of the school year.

(g) Notwithstanding clause 7.9, the teacher will provide a minimum of four (4) school weeks notice in writing of the day upon which the teacher intends to return to work.

(h) The District will reinstate the teacher to the teaching position occupied when the parental leave commenced or to an alternative teaching position of a comparable nature.

7.6   Personal Leave

At the sole discretion of the Superintendent or designate, a leave of absence may be granted to a teacher for any period of time, for any reason that the Superintendent or designate considers sufficient on the basis that the following amounts will be deducted from the teacher’s salary:

(a) during the first five (5) consecutive days thereof, teachers will be charged at:

(i) for the first day, the current Guest (Substitute) Teacher rate as per clause 5.1, and

(ii) for days two (2) to five (5) inclusive, seventy-five (75%) percent of the teacher’s daily salary plus

(b) one two-hundredths (1/200) of the teacher's annual salary for each day of such leave in excess of five (5) consecutive days.  After twenty-one (21) calendar days of such leave, the teacher shall be responsible for the costs of benefits for the duration of the leave.

7.7   Unspecified Leave

A teacher, upon application, shall be granted one (1) day of unspecified leave during a school year.  Each teacher shall be entitled to carry forward one (1) such day of unspecified leave not previously used by the teacher, in which case, the teacher shall be entitled to a maximum of two (2) days of unspecified leave in a given school year.  If the teacher has used two (2) such days in any school year, the teacher will not be entitled to carry forward any other such days not used prior to that year.

The teacher shall be charged the current Guest (Substitute) Teacher rate for each day of unspecified leave used.

7.8   Salary Increments

Time spent on leave of absence by a teacher pursuant to the provisions of this Article VII shall not be included as "days of teaching" under clause 3.7, except that where leave is given under clause 7.6, application of this section is at the discretion of the Superintendent or designate.

7.9   Notice of Return

Teachers on leave pursuant to the provisions of this Article VII for a period of six (6) months or more shall give the District notice of intention to return to active employment at least four (4) school months in advance of termination of such leave of absence.

7.10   Child Rearing

The District may, upon application, grant a leave of absence for up to one (1) year without pay to a teacher for the purpose of child rearing.

(a) to care for the teacher’s own dependent child.

(b) the teacher shall apply for the leave three (3) school months in advance of the leave.

(c) unless mutually agreed, the teacher shall only return from child rearing leave at the beginning of the school year.

(d) leave taken for the purpose of child rearing shall not be considered teaching experience for the purpose of granting a salary increment.

(e) a teacher granted leave of absence under this clause shall retain seniority and equivalent position as a teacher with the District for the duration of the leave.

This leave, when combined with any other leave provision, will not exceed twenty-four (24) months.  When a leave granted under this clause exceeds twenty-one (21) calendar days, the teacher will be responsible for the cost of benefits for the duration of the leave.

The District may approve leave in excess of twenty-four (24) months, where necessary, to facilitate the teacher returning at the beginning of the school year in accordance with clause 7.10(c).

8.   BENEFITS

8.1   Parking Lots

Where available, parking lots without car heater outlets shall be provided to teachers free-of-charge.  Car heater outlets, where available, will be provided at no cost to the teachers.

8.2   Group Insurance

Effective September 1, 1994, the District shall effect and maintain the group insurance plans and contribute to premium costs as follows:

(a) Major Medical Benefit   100%

(b) Group Life and Accidental Death and Dismemberment Insurance   100%

(c) Long Term Disability Insurance   100%

(d)   Dental Care Insurance   100%

Teachers new to the school district must become members of the plan unless already covered by another plan.

(e) Vision Care   100%

(f) Personal Health Spending Account (PHSA)

The District will contribute an annual amount of one percent (1%) of the teacher’s actual annual salary in accordance with the Basic Salary Schedule and allowance (if applicable), will be allocated to the teacher’s PHSA account annually.

The unused balance is carried forward to the next plan year. The carry forward amount must be used by the end of that year, or it will be lost. Teachers leaving the employ of the District for any reason will automatically forfeit any unused balance.

Dental Care Insurance, Long Term Disability Insurance, Group Life and Accidental Death and Dismemberment Insurance, Vision Care Plan and Personal Health Spending Account are to be applicable to teachers with more than six (6) months of service.

8.3   Changes in Benefits Coverage.

Should the District anticipate changes to the Benefit Plans, the District shall formally discuss anticipated changes with the ATA Negotiating Subcommittee. The ATA Negotiating Subcommittee shall be fully informed of all particulars, where possible, at least one (1) month in advance, prior to any meeting(s).

The Director, Employee & Labour Relations shall convene a meeting(s) of the parties, to review the anticipated changes, methods of maintaining the current Benefit Plans and suggested alternatives brought forward by any party.

8.4   Retired Teachers' Benefit Plan.

8.4.1   Effective October 1,1991, the District shall make available to all teachers who retire after September 1, 1990, between the ages of fifty (50) and sixty-five (65), a benefit plan consisting of the following:

(a) Life Insurance and Accidental Death and Dismemberment Insurance in the principal amount of $25,000,

(b) Extended Health Care as provided for regular employees to an annual maximum of $25,000.

8.4.2   Conditions

(a) the retired teacher must have a minimum of ten (10) years cumulative employment with the District,

(b) the retired teacher must remain a resident of Canada and retain coverage of a Provincial medicare plan.

8.4.3   The premiums for Life Insurance and Extended Health Care shall be based on the claims experience for the retired teachers participating in the plan and shall be paid by the retiring teacher.  The retired teacher shall pay the annual premiums in advance of the September 1 renewal date.  Any retiring teacher shall have the option of participating in the plan provided enrolment is made prior to the effective date of retirement.  The retired teacher must take the full package unless already covered by a spouse’s Extended Health Care.  If the retired teacher subsequently discontinues participation in the plan, the retired teacher will not be eligible for readmission.

The retired teacher shall pay the annual premiums in advance of the September 1 renewal date by either:

(a) providing to the District a cheque for the full amount dated August 1st, or

(b) providing the District with two (2) cheques, dated August 1st and January 1st, divided into two (2) equal payments.

Failure by the retired teacher to pay the annual premiums in advance will result in the termination of coverage in the plan and the retired teacher will not be eligible for readmission.

8.4.4   Effective September 1, 2004, each member of the bargaining unit will contribute four (4) dollars ($4.00) per month, which the District shall maintain in an interest bearing trust fund. The parties agree that each member of the bargaining unit contribution will be four dollars ($4.00) per month, unless the parties mutually agree to an alternate monthly amount.

The parties agree that the District, on a quarterly basis, shall apply these funds to reduce the plan’s deficit, which has been incurred up to, and including August 31, 2005.  Within six (6) weeks after each quarter, the District shall provide a written status report on the plan, which will include the plan’s deficit, funds applied toward the deficit and the remaining plan deficit.

On or before February 1st of each year, the District will report in writing the financial status of the plan, based on actuals to August 31.

When the plan’s deficit, which has been incurred up to, and including August 31, 2005, has been paid in full, each member of the bargaining unit’s contribution will cease.  When this occurs, the plan will be self-funded by the retired teachers participating in the plan with no cost to the District or ATA.

It is agreed that the deficit repayment shall not exceed a period of three (3) years.

8.4.5   The Retired Teachers' Benefit Plan may be cancelled by the bargaining unit upon one (1) fiscal year written notice to the District (September 1 - August 31).  All accumulated funds remaining in the trust fund following the final financial accounting shall be paid to the bargaining unit.  The final financial accounting will be performed no later than six (6) months after the termination of the Retired Teachers' Benefit Plan and receipt of final claims.  Any claims submitted more than six (6) months after the termination date will not be paid and will be the responsibility of the claimant(s).  If there is a deficit upon termination of the Life Insurance and Extended Health Care benefit plan, such deficit shall be paid to the District by the Bargaining Unit within ninety (90) days of receipt of the financial statement.

8.4.6   Termination of Coverage:

Coverage under the Retired Teachers' Benefit Plan shall terminate on the earliest of the following events:

1. the end of the year for which the premiums are paid.

2. the date of death of the retired teacher, or

3. the attainment of age 65.

9.   GRIEVANCE PROCEDURE

9.1   Grievance

Any difference between the parties concerning the interpretation, application, operation or alleged violation of this Agreement, shall be dealt with as follows:

Step 1:  Such difference, hereinafter called a “grievance”, shall be submitted by the ATA, or by the ATA on behalf of the teacher concerned in writing, within 45 teaching days of its occurrence or from the date on which the ATA or the teacher ought to reasonably have become aware of its occurrence.  The grievance shall set out the nature of the grievance and the circumstances out of which it arose, the clause(s) of this Agreement, which allegedly has/have been violated, and the remedy being sought.  The grievance shall be presented to the Superintendent or designate.

The Superintendent or designate shall review the grievance and communicate the decision of the District, in writing, within 15 teaching days of receipt of the grievance.

Step 2:  In the event that the decision of the Superintendent or designate fails to satisfactorily resolve the grievance, the ATA must, within 15 teaching days of the receipt of the written decision of the Superintendent or designate, give notice in writing to the Superintendent or designate of the intent to present the grievance to the District’s Grievance Committee.  The Superintendent or designate shall convene a meeting of the District’s Grievance Committee within 20 teaching days of the receipt of the letter to present the grievance to the District’s Grievance Committee.

The District’s Grievance Committee shall hear the grievance.  The teacher and/or the ATA representative shall be given the opportunity to present their grievance to the District’s Grievance Committee.  The District’s Grievance Committee shall provide its decision in writing to the ATA within 10 teaching days of the hearing.

Step 3:  If the grievance is not resolved satisfactorily at Step 2, either of the parties may notify the other party in writing of its desire to submit the grievance to Arbitration.  Such written notice will occur within 60 calendar days following the conclusion of Step 2.

The parties will mutually agree upon a single arbitrator or, if by mutual consent, to a Board of Arbitration consisting of three arbitrators.  If the parties are unable to agree on an arbitrator within 60 calendar days of the receipt of notification provided, they shall immediately request the Director of Mediation to appoint a Chairperson.

The above-mentioned time limits may be extended by mutual agreement of the parties in writing.

Should the District have a grievance, the above-mentioned procedure will be followed replacing ‘District’ with ‘The Alberta Teachers’ Association’.

9.2   No Work Stoppage

All differences between the parties shall be settled without stoppage of work or refusal to perform work.

9.3   Failure to Process

The purpose of the grievance procedure is to ensure that any     grievance is processed in an expeditious manner; therefore, compliance of the provisions and time limits is mandatory.  If the District fails to comply with the provisions or time limits, the grievance may be processed to the next Step.  If the party advancing the grievance fails to comply with the provisions or time limits, the grievance shall be considered abandoned.

10.   CONSULTATION

10.1   The teachers recognize the right and responsibility of the District to formulate policy.  The District agrees that it will not make changes in the present working conditions which are not covered in this Agreement, without first having the matter considered by an Advisory Committee consisting of up to four (4) teachers appointed by the Local, and up to four (4) administrative personnel, one of whom shall be the Superintendent.

One member of the Administrative staff representative on the Advisory Committee will be responsible for convening meetings of the Committee and for the provision of such information as is required and available.

Positions taken by the representatives to the Committee shall be recorded at the conclusion of the Committee meeting, signed by the representatives to this Committee and forwarded to the District.

11.   EMPLOYMENT CONDITIONS

11.1   Hours of Work

Effective September 1, 2005, a school-based full-time equivalent teacher not in receipt of any salary Allowance will not be assigned duties in excess of thirty (30) hours per week, averaged over the school year.  A maximum of one thousand four hundred and thirty (1,430) minutes (23.83 hours) per week, averaged over the school year, shall be devoted to the instruction of students.  The remainder of assignable hours shall be devoted to professional duties including, but not limited to, supervision of students, preparation, staff meetings, consultation, parent-teacher conferences, and administrative tasks.

Effective June 30, 2017, this clause is deleted and replaced by the following:

11.1   Hours of Work

A school-based full-time equivalent teacher not in receipt of any salary Allowance will not be assigned duties in excess of thirty (30) hours per week, averaged over the school year.

11.2   Professional Staff Deployment

11.2.1   Staff deployment within a school shall be the responsibility of the Principal and the Staff.

11.2.2   Teachers will be expected to assume, outside of regular school class time, professional duties including, but not limited to, supervision of students, preparation, staff meetings and    parent-teacher conferences.  Extra-curricular activities will be the collective responsibilities of the staff of the school.  Individual teachers choose from among these activities based upon their knowledge, skills and interests.

11.2.3   The parties to this Collective Agreement recognize that, except when temporarily impracticable, each teacher will have regularly scheduled school class time free from classroom instruction or supervision for the purpose of attending to professional responsibilities including preparation, consultation and administrative tasks.

11.2.4   In the normal course of school planning, a Principal should consult with the school council regarding optional program offerings, co-curricular and extra-curricular activities.

11.3   Guest (Substitute) Teacher Coverage

11.3.1   Both parties to the Collective Agreement recognize the importance of continuity of instruction by the regular classroom teacher in the creation of a quality learning environment for students.

11.3.2   Teachers will, where possible, schedule doctor and dental appointments outside of classroom hours.  If scheduling such appointments is not possible outside of classroom hours, teachers will make every effort to limit their absences for appointments to a maximum of one-half (1/2) day for each such occurrence.

11.3.3   The District agrees to continue to make every effort to provide a Guest (Substitute) Teacher for a classroom teacher whose absence will interrupt the provision of instruction for students.  The provision for Guest (Substitute) Teachers for these purposes may be altered, if agreed, between the District, and the Principal and teachers at any school.

12.   GENERAL

12.1   Rights

Except as otherwise provided herein, all rights of teachers, the Association, and the District shall remain and continue as if this Agreement had not been made.

Letter of Understanding - re: SABBATICAL LEAVE REVIEW

The parties agree to establish a joint committee including representatives appointed by the Local #55 and the District.  The composition of the committee will have equal representation of Local #55 appointees and District appointees.  Both parties may invite, from time to time, resource people to assist in the process.

The mandate of the committee will be to review the current professional learning needs of teachers in order to recommend a new structure for the disbursement of the current financial resources.  The review may include, but shall not be limited to: fellowships, scholarships, tuition, training, upgrading, inservicing and sabbaticals.

At the end of the review, the committee will make recommendations to the negotiating committees of Local #55 and the District for replacing clause 6.1 Sabbatical Leave.  Incorporation of any recommendations to the Collective Agreement shall occur through regular negotiations protocols.

The goal of the new model is to meet the professional learning priorities of both the District and the Association for teachers as well as to enhance the professional learning of teachers employed by the District.

The committee will meet within sixty (60) school days (traditional school year calendar) following the date of ratification of this Collective Agreement.

LETTER OF UNDERSTANDING

Professional Improvement Leave -Pilot

BETWEEN:

THE BOARD OF TRUSTEES OF THE CALGARY ROMAN CATHOLIC SEPARATE SCHOOL DISTRICT NO. 1

And

THE ALBERTA TEACHERS' ASSOCIATION

The Calgary Roman Catholic Separate School District No. 1 (District) and the Alberta Teachers' Association (ATA) agreed in a Letter of Understanding appended to the 2012-2016 Collective Agreement to establish a joint committee, with equal representation from ATA Local #55 and the District. The Sabbatical Leave Review Committee was mandated to review the current professional learning needs of teachers and recommend a new structure for the disbursement of the current financial resources with the view to replacing clause 6.1 Sabbatical Leave.

The Committee has completed its review and has made recommendations to the ATA and the District. The recommendations are as follows:

1.   The ATA and the District will establish a joint Professional Improvement Leave Committee of six (6) members -three (3) appointed by the Local #55 and three (3) by the District. Both parties may invite, from time to time, resource people to assist in the process.

2.   The Professional Improvement Leave Committee will establish guidelines for the "Alternative Professional Improvement Leave" Pilot to support the professional learning needs of teacher based on the recommendations of the joint Sabbatical Leave Review Committee. The initial meeting to establish these guidelines will occur prior to September 30, 2015.

3.   The Guidelines will allow for a new structure for the disbursement of up to fifty percent (50%) of the current financial resources allocated to Sabbatical Leaves under clause 6.1 of the Collective Agreement.

4.   The Pilot will be for the 2016-2017 school year.

5.   The Pilot may be extended for the 2017-2018 school year, by mutual agreement of the parties, in writing, by April 30, 2016.

6.   The Professional Improvement Leave Committee will meet to:

a.) Review the Guidelines;

b.) Solicit, receive, review and make recommendations regarding application

c.) Report results of the Pilot and make recommendations regarding extensions to the negotiating Committees of the Local #55 and the District, prior to June 2017.

7.   The Professional Improvement Leave Committee will make recommendations to the negotiating Committees of the Local #55 and the District regarding changes that may be necessary to clause 6.1 Sabbatical Leave.

This Letter of Understanding will expire on June 30, 2018 or by mutual agreement of both parties.

DATED this 3rd day of June, 2015.