The Alberta Teachers’ Association

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. (Effective as of February 14, 2018)

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/SCOPE

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

1.2          Excluded Positions:

1.2.1      Executive Liaison to the Chief Superintendent

1.2.2      Supervisor, Recruitment

1.2.3      Supervisor, Information Technology, Student Based Applications

1.2.4      All Directors

1.2.5      All personnel above the rank of Director

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

1.3.1      has exclusive authority to bargain collectively with the Teachers’ Employer Bargaining Association (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 District 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 District retains all management rights, unless otherwise provided by the expressed terms of this Collective Agreement.

1.4.1      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.

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 ensure to the benefit of and be binding upon the parties and their successors.

1.8          Consultation

1.8.1      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 Collective Agreement, without first having the matter considered by an Advisory Committee consisting of up to four (4) teachers appointed by the Association Local #55, and up to four (4) administrative personnel, one of whom shall be the Chief Superintendent.

1.8.2      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.

1.8.3      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.

Provisions 1.1, 1.3 and 1.4 take effect on February 14, 2018.

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 six (6) months and not more than eight (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 fifteen (15) days and not more than thirty (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 the District or the Association must be served after, but not more than sixty (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 thirty (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 District shall meet and commence collective bargaining not more than thirty (30) days after notice is given. At the first meeting, the Association and the District 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 District 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 the District, the District 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      The District 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) utilization rates;
c)            Most recent District financial statement;
d)            Total benefit premium cost;
e)            Total substitute teacher cost; and
f)             Total allowances cost.

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

Provisions 2.2 through 2.8 take effect on February 14, 2018.

3.            SALARY

3.1          Basic Salary Schedule

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

Categories of Teacher Qualification and Applicable Salary

Effective September 1, 2016

Effective September 1, 2017, Categories 1, 2 and 3 years of university training will be eliminated. All teachers who currently receive an annual salary under Categories 1, 2 and 3 will be appointed to the next step within Category 4 that is the nearest to, but not less than, the teacher’s current annual salary. If that step on the grid is not the Category 4, Step 10 maximum, the teacher is eligible for grid movement on the basis of experience increments.

Categories of Teacher Qualification and Applicable Salary

Effective September 1, 2017

3.2          Education

3.2.1      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 Association and the Alberta School Trustees' Association, dated March 23, 1967.

3.2.1.1   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.

3.2.2      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:

3.2.2.1   Those teachers who at the date of signing of this Collective 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.

3.2.2.2   Those teachers claiming credit for religious education courses that are not recognized in the evaluation of Teacher Qualification pursuant to clause 3.2.1 may be paid in a category of Teacher Qualification above schedule on the basis of one category per five (5) such courses.

3.2.3      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.

3.2.4      Adjustment on Appeal:

Notwithstanding clause 3.2.3 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 3.2.3 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.

3.3          Experience

3.3.1      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.

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

3.3.3      Previously unrecognized experience gained with the District in one school year shall be carried over for calculation of experience increments in the following school year.

3.3.4      Provisions 3.3.1 through 3.3.3 take effect on September 1, 2017 and shall not be applied retroactively other than to permit unrecognized experience gained with the District in the 2016-2017 school year being carried over for calculation of experience increments in the 2017-2018 school year with that same District.

3.3.5      Prior Teaching Experience

3.3.5.1   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.

3.3.5.2   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 Districts. The maximum number of increments granted shall be that provided for in the teacher’s category of teacher education, as per clause 3.1.1.

3.3.5.3   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.

3.3.6      Experience Increments

3.3.6.1   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 3.1.1.

3.3.6.2   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 3.3.6.1 and subject to the limitation of clause 3.3.2. 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 3.1.1. These increments will be effective on the first (1st) day of the month immediately following the attainment of the necessary accumulation of days.

3.3.6.3   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.

3.3.7      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 the Association Local #55 and the Coordinator of Teacher Welfare reasons in writing for its decision.

3.4          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 3.2.1; but shall be given one year of teaching experience for each year of directly related industrial experience acquired after the teacher has received the associated trade designation relevant to their area of specialization including journeyman status or other certification applicable to the trade.

3.5          Night Classes and Summer School Program/Classes

3.5.1      To each teacher of a night class or summer school program/classes, the sum of $66.88 per hour of instruction effective September 1, 2016. To each coordinating teacher of night classes, the sum of $71.79 per hour effective September 1, 2016.

3.5.2      To each Vice-Principal of summer school program/classes, the sum of $74.49 per hour effective September 1, 2016.

4.            ADMINISTRATOR ALLOWANCES AND CONDITIONS OF PRACTICE

4.1          Creation of New Designations/Positions

4.1.1      Upon creation or designation by the District of new positions within the scope of this Article 4 and not covered by clause 4.2.6, Allowances shall be arrived at by agreement with the Negotiating Subcommittee of the Association Local #55 and added to this Agreement by addendum; and the said Negotiating Subcommittee is hereby authorized to so represent and bind the Association.

4.2          Administration Allowances

4.2.1      In addition to salary under Article 3, 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 4.

4.2.2      Pupil Count:

For purposes of this Article 4, 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.

4.2.3      Principals:

Effective September 1, 2016, the District shall pay to each school Principal an Allowance as follows:

$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.

4.2.4      Vice-Principal:

The District shall pay to each Vice-Principal an Allowance equal to one-half (1/2) of that payable under clause 4.2.3 to the Principal of the school in which the Vice-Principal is assigned.

4.2.5      Assistant Principal:

The District shall pay to each Assistant Principal an Allowance of $7,018.00, effective September 1, 2016. Where an Assistant Principal is appointed, the position is in addition to the normal administrative staff allocation.

4.2.6      Other Allowances:

Effective September 1, 2016, 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:

4.2.6.1   Supervisor: $28,336

4.2.6.2   Consultant: $13,500

4.2.6.3   Coordinating Teacher: $4,585

4.3          Red Circling

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          Principal Absence

4.4.1      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 (6th) day.

4.5          Teachers with Principal Designations

4.5.1      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.

4.5.2      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.

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

4.5.4      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.

4.5.5      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 Chief Superintendent or designate.

4.6          Principal Leave

Principals shall be granted two (2) days leave with pay during a school year, at a time mutually agreeable to the Principal and the Chief Superintendent or designate. Failing agreement about whether the dates are mutually agreeable to the Principal and the Chief 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.

5.            SUBSTITUTE TEACHERS

5.1          Rates of Pay

5.1.1      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 $222.00 per day of teaching, effective September 1, 2016. Half days will be paid at fifty (50%) percent of the full day allowance.

5.1.2      All of the above rates of pay provided in this Article 5 and clause 3.5 include vacation pay.

5.2          Commencement of Grid Rate

5.2.1      Notwithstanding clause 5.1.1, 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.

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

5.3.1.1   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 5.1.1 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.

5.3.1.2   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.

5.3.1.3   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 the Association Local #55 are so informed in writing.

5.3.2      Guest (Substitute) Teacher Coverage

5.3.2.1   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.

5.3.2.2   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.

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.

6.2          Part-time Teacher Salary

6.2.1      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.

7.            GROUP BENEFITS

7.1          Group Health Benefit Plans, Carrier and Premiums

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

7.1.1.1   Major Medical Benefit: 100%

7.1.1.2   Group Life and Accidental Death and Dismemberment Insurance: 100%

7.1.1.3   Long Term Disability Insurance: 100%

7.1.1.4   Dental Care Insurance: 100%

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

7.1.1.5   Vision Care: 100%

7.1.1.6   Personal Health Spending Account (PHSA):

7.1.1.6.1               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.

7.1.1.6.2               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.

7.2          Group Benefits Eligibility

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.

7.3          Changes in Benefits Coverage

Should the District anticipate changes to the Benefit Plans, the District shall formally discuss anticipated changes with the Association Negotiating Subcommittee. The Association 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.

7.4          Other Group Benefits

7.4.1      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.

7.4.2      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.

7.5          Retired Teachers’ Benefit Plan

7.5.1      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:

7.5.1.1   Life Insurance and Accidental Death and Dismemberment Insurance in the principal amount of $25,000,

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

7.5.2      Conditions

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

7.5.2.2   the retired teacher must remain a resident of Canada and retain coverage of a Provincial Medicare plan.

7.5.3      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:

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

7.5.3.2   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.

7.5.4      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 the Association.

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

7.5.5      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.

7.5.6      Termination of Coverage:

Coverage under the Retired Teachers' Benefit Plan shall terminate on the earliest of the following events:
a)            the end of the year for which the premiums are paid, or
b)            the date of death of the retired teacher, or
c)            the attainment of age 65.

8.            CONDITIONS OF PRACTICE

8.1          Teacher Instructional and Assignable Time

8.1.1      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 August 31, 2018, this clause is deleted and replaced by the following:

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.

8.2          Assigned Time Definition (Effective September 1, 2017)

8.2.1      Assigned Time is defined as the amount of time the District assigns 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)            District 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 District 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 the District. 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          Other Conditions of Practice

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

8.3.2      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.

8.4          Extracurricular

8.4.1      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.

8.4.2      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.

9.            PROFESSIONAL DEVELOPMENT

9.1          Teacher Professional Growth Plan (effective as of February 14, 2018)

9.1.1      Teacher Professional Growth Plans will consider but will not be required to include the District’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      The District and/or schools are not restricted in developing their own staff development plan in which the District and/or school may require teachers to participate.

9.2          Sabbatical Leave

9.2.1      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.

9.2.2      Conditions of Leave:

A leave of absence granted by the District under clause 9.2.1 shall be subject to the condition and understanding:

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

9.2.2.2   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,

9.2.2.3   that the leave will be taken during one school year only,

9.2.2.4   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.

9.2.3      Sabbatical Leave Pay:

Where a teacher is granted a leave of absence under clause 9.2.1, 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 Collective 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.

9.2.4      Teaching Standing:

A teacher on leave of absence under clause 9.2.1 shall retain his/her seniority and equivalent position with the District during the leave.

9.2.5      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.

9.2.6      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 9.2.1 to a teacher at one time, nor shall more than one such leave be granted to a teacher for each eight (8) years of service with the District.

9.2.7      Salary Increments:

Time spent on leave of absence by a teacher under clause 9.2.1 shall not be included as "days of teaching" under clause 3.3

9.3          Professional Development Leave and Professional Growth Subsidy

9.3.1      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.

9.3.2      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 Chief Superintendent or designate in the following manner:

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

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

9.3.2.3   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.

10.          SICK LEAVE

10.1        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.

10.2        Duration of Sick Leave

10.2.1    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.

10.2.2    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.

10.3        Sick Leave Coverage

10.3.1    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.

10.3.2    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.

10.4        Sick Leave Documentation

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

10.4.1    A teacher who is absent for necessary medical or dental treatment or because of accident, sickness or disability for more than five (5) consecutive school days shall present a District Medical Form to the District. A teacher who is absent for the aforementioned reasons for up to five (5) 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.

10.4.2    When the sickness extends for a period of over twenty (20) consecutive teaching days, the teacher may, at the discretion of the District, be called upon to furnish a further District Medical Form signed by a qualified medical practitioner, provided that both the teacher and the Executive Assistant of the Association Local #55 are so informed in writing.

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

10.4.4    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 the Association Local #55 are so informed in writing.

10.5        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.

10.6        Changes to District Medical Form

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

11           MATERNITY, ADOPTION AND PARENTAL LEAVE

11.1        Maternity Leave

11.1.1    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:

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

11.1.1.2                the period, if any, between the estimated date of delivery and the actual date of delivery, and

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

11.1.1.4                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.

11.1.2    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.

11.1.3    The teacher, upon written request and with the approval of the Chief 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.

11.1.4    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.

11.1.5    The District shall pay its portion of required group insurance premiums described in Article 7.1 during the Maternity Leave, inclusive of the health related portion.

11.2        Supplemental Employment Benefits (SEB) Plan

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

11.2.2    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.

11.2.3    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.

11.2.4    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.

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

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

11.2.7    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.

11.2.8    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.

11.2.9    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.

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

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

11.2.12  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.

11.2.13  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.

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

11.3        Adoption Leave

11.3.1    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.

11.3.2    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.

11.3.3    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.

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

11.3.5    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.

11.3.6    Notwithstanding clause 14.12 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.

11.3.7    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.

11.4        Parental Leave

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

11.4.1    To a teacher entitled to Maternity Leave as per clauses 11.1.1 - 11.1.5, a period of not more than thirty-seven (37) consecutive weeks immediately following the last day of Maternity Leave.

11.4.2    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.

11.4.3    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.

11.4.4    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.

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

11.4.6    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.

11.4.7    Notwithstanding clause 14.12, 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.

11.4.8    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.

11.5        Benefits - Prepayment or Repayment of Premiums During Unpaid Portion of  Leave (Effective as of February 14, 2018)

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

11.5.2    Subject to the terms and conditions of the benefits insurance carrier policies, teachers on maternity, adoption or parental leave may make arrangements through the District 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 twelve (12) months.

11.5.3    Notwithstanding Clause 11.5.2, subject to the terms and conditions of the benefits insurance carrier policies, upon request by the teacher, the District will continue paying the District portion of the benefit costs for a teacher on maternity, adoption or parental leave, for a period of up to twelve (12) months, provided the teacher repays the teacher portion of the benefit premiums.

11.5.4    A teacher who commits to Clause 11.5.3 is responsible to repay the amount of the District paid benefit premiums and shall reimburse the District upon return from the leave, in a mutually agreeable, reasonable manner over the period of no more than twelve (12) months following the teacher’s return to duty.

11.5.5    If a teacher fails to return to his/her teaching duties, the teacher shall be responsible to forthwith repay the District paid benefit premiums and shall reimburse the District upon receipt of an invoice.

11.5.6    If a teacher has not fully repaid the cost of benefit premiums previously paid by the District under Clause 11.5.3 the teacher is not eligible to reapply for additional consideration under Clause 11.5.3.

12           TEACHER, PERSONAL AND UNSPECIFIED LEAVES OF ABSENCE

12.1        Teacher Leave

12.1.1    A teacher, upon application to the Chief Superintendent or designate, shall be granted one (1) day leave with pay during a school year. The cost of the Guest (Substitute) Teacher shall be paid by the District.

12.1.2    Effective September 1, 2018, a teacher shall be entitled to carry forward one (1) such day of Teacher Leave not previously used by the teacher, in which case, the teacher shall be entitled to a maximum of two (2) days of Teacher 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.

12.1.3    In the event that a teacher has two (2) days of Teacher Leave available in a given school year, the second (2nd) day shall not be taken in conjunction with any other leave provision, including Teacher Leave.

12.1.4    The Teacher Leave day(s) with pay will not be granted:

12.1.4.1                on Faith Day;

12.1.4.2                on Professional Development days;

12.1.4.3                on Parent/Teacher days;

12.1.4.4                on District Teacher Organization days;

12.1.4.5                on School Special Event days, and

12.1.4.6                to extend any holiday period, i.e., Christmas Break, Spring/Easter and the Summer Break.

12.1.5    The District may limit the number of teachers granted one (1) day leave with pay on any given day so as not to have any negative effect on District operations.

12.1.6    This clause is applicable to all teachers, including teachers who are in receipt of a salary Allowance, as set forth in Article 4.

12.2        Personal Leave

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

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

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

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

12.2.2    one two-hundredth (1/200th) 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.

12.3        Unspecified Leave

12.3.1    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.

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

13           ASSOCIATION LEAVE AND SECONDMENT (effective as of February 14, 2018)

13.1        A teacher shall be granted leave of absence with pay provided the District is reimbursed by the Association for the actual costs of the substitute, including the District 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 Chief Superintendent or designate, the District 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 District. The Association will reimburse the District 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 the Provincial Executive Council or as the President of Association Local #55, 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 District, the teacher, and the Association and is at no cost to the District.

13.3.1    A teacher who is elected president of the Association Local #55 or to the Provincial Executive Council shall be granted at least a 0.5 FTE release/secondment leave with salary and benefits in accordance with Article 13.3.2.

13.3.2    During such secondment, the District 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 District for all payments made by the District to the teacher or on his/her behalf while on secondment under this clause.

14           OTHER LEAVES

14.1        Compassionate Leave

14.1.1    A teacher attending the funeral or memorial service of a near relative may be granted up to five (5) days leave of absence with pay. If the teacher does not attend the funeral or memorial service, reasonable leave with pay may be granted by the Chief Superintendent or designate. Additional leave may be granted when, at the discretion of the Chief Superintendent or designate, circumstances warrant it.

14.1.2    A Funeral Service is a service held to memorialize a deceased person with their body present. A Memorial Service is a service held to memorialize a deceased person with their body not present. If a burial occurs prior to the service for a loved one, the service is considered a Memorial Service.

14.2        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 Chief Superintendent or designate, circumstances warrant it.

14.3        Near Relative

For purposes of clauses 14.1 and 14.2, "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 Chief Superintendent or designate.

14.4        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.

14.5        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.

14.6        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.

14.7        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.

14.8        Adoption Leave (Leave for Child’s Arrival)

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.

14.9        Leave

14.9.1    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.

14.9.2    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.

14.9.3    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.

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

14.10     Child Rearing

14.10.1  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.

14.10.2  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.

14.10.3  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 14.10.1(c).

14.11     Time spent on leave of absence by a teacher pursuant to the provisions of Article 11, clause 12.2, clause 12.3, clause 14.9, and clause 14.10 shall not be included as "days of teaching" under clause 3.3, except that where leave is given under clause 12.2, application of this section is at the discretion of the Chief Superintendent or designate.

14.12     Teachers on leave 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.

15           CENTRAL GRIEVANCE PROCEDURE (effective as of February 14, 2018)

15.1        Application

15.1.1    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        Definitions

15.2.1    “Central item” means any item which is in italics in this Collective Agreement.

15.2.2    A “non-central item” means any item which is not in italics in this Collective Agreement.

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

15.3        Procedure

15.3.1    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.

15.3.2    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.

15.3.3    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.

15.3.4    The written notice must be served on the other party to the difference within thirty (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 thirty (30) operational days.

15.3.5    Representatives of TEBA and the Association shall meet within fifteen (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 District affected by the difference may be invited to participate in the discussion about the difference.

15.3.6    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 District, and any affected teacher or teachers.

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

15.4        Arbitration

15.4.1    (a) Each party shall appoint one (1) member as its representative on the Arbitration Board within fifteen (15) operational days of such notice and shall so inform the other party of its appointee. The two (2) members so appointed shall, within fifteen (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 fifteen (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.

15.4.2    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.

15.4.3    The Arbitration Board shall make any order it considers appropriate. Without limiting the generality of the foregoing, an Arbitration Board may order that:
a)            The District rectify any failure to comply with the Collective Agreement.
b)            The District 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.

15.4.4    The award of the Arbitration Board is binding on:
a)            TEBA and the Association.
b)            The District.
c)            Teachers covered by the Collective Agreement who are affected by the award.

15.4.5    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        Grievance Steps

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

16.1.2    Step 1:

Such difference, hereinafter called a “grievance”, shall be submitted by the Association, or by the Association on behalf of the teacher concerned in writing, within forty-five (45) teaching days of its occurrence or from the date on which the Association 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 Chief Superintendent or designate.

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

16.1.3    Step 2:

In the event that the decision of the Chief Superintendent or designate fails to satisfactorily resolve the grievance, the Association must, within fifteen (15) teaching days of the receipt of the written decision of the Chief Superintendent or designate, give notice in writing to the Chief Superintendent or designate of the intent to present the grievance to the District’s Grievance Committee. The Chief Superintendent or designate shall convene a meeting of the District’s Grievance Committee within twenty (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 Association 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 Association within ten (10) teaching days of the hearing.

16.1.4    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 sixty (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 sixty (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 Association’.

16.2        No Work Stoppage

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

16.3        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.

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

1.1          This Letter of Understanding is effective as of September 1, 2017 and 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 District 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 2017-2018 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 is effective as of September 1, 2016 and 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 District will establish a committee to support the CIF grant program. CIF committees will be composed of equal number of District representatives, appointed by the District or designate, and teacher representatives, appointed by the Association. Teacher representatives must be employed by the District. 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 District. 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 District.

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

4.            The District must forward agreed-upon CIF proposals to Alberta Education. The decisions of the CIF committee are not subject of a grievance under this Collective Agreement.

This Letter of Understanding is effective as of September 1, 2017.

Local Letter of Understanding #4 – Professional Improvement Leave Pilot Extension

On June 3, 2015, the District and the Association signed a Letter of Understanding covering the Professional Improvement Leave - Pilot.

On May 9, 2016, the District and the Association signed a Letter of Understanding covering the Professional Improvement Leave - Pilot agreeing to an extension for the 2017-2018 school year.

Further, the District and the Association agree to an additional extension of the current Letter of Understanding covering the Professional Improvement Leave - Pilot for the 2018-2019 school year.

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

1.            The District and the Association will establish a joint Professional Improvement Leave Committee of six (6) members - three (3) appointed by the Association 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 teachers based on the recommendations of the joint Sabbatical Leave Review Committee.  The initial meeting to establish these guidelines will occur prior to June 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 9.2 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 for access to the financial resources available;
c)            Report results of the Pilot to the negotiating Committees of the District and the Association Local #55, prior to May 2, 2018.

7.            The Professional Improvement Leave Committee will make recommendations to the negotiating Committees of the District and the Association Local #55 regarding changes that may be necessary to clause 9.2 Sabbatical Leave.

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