The Alberta Teachers’ Association

Preamble

This agreement made pursuant to the School Act, 2000 and the Labour Relations Code, 2000.

Between Canadian Rockies Regional Division No 12 (hereinafter called the "Employer"), of the first part and the Alberta Teachers' Association, a body corporate, incorporated under the laws of the Province of Alberta, (hereinafter called the "Association"), of the second part.

Whereas the Association is the bargaining agent for the teachers employed by the Employer; and

Whereas terms and conditions of employment and salaries of teachers have been the subject of negotiations between the parties; and

Whereas the parties desire that these matters be set forth in an agreement concerning terms of employment of the said teachers;

NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and of the mutual and other covenants herein contained, the parties agree as follows:

Article 1 - Scope of Agreement

1.1 This agreement applies to all employees of the Board other than superintendent of schools, assistant superintendent(s), associate superintendent(s) or director(s) who, as a condition of their employment, must possess a valid teaching certificate issued under the authority of the Department of Education, Province of Alberta, herein collectively called "the teachers" or, where the context requires, "the teacher."

Article 2 - Term

2.1 This agreement takes effect on September 1, 2007 and terminates on August 31, 2012. Either party may give to the other not less than 60 days nor more than 180 days prior to the termination of this agreement, a notice in writing of its intention to commence collective bargaining. At the first meeting between the parties there shall be an exchange of the proposals, each containing the particulars of all amendments sought. Negotiations shall be limited to the items contained in the two lists combined, unless agreed to by mutual consent. The first meeting shall occur not later than 30 days after the first party receives notice of the intention to begin collective bargaining.

2.2 The Employer shall make available in each school sufficient true copies of the collective agreement for each teacher. Upon engagement, each new teacher shall be given a copy.

Article 3 - Salaries

3.1 The Employer shall pay to each teacher in its employ the salaries and allowances hereinafter set forth and computed. All sums mentioned are "per annum" unless specifically stated otherwise.

3.2 The years of university education of a teacher and the years of teaching experience computed as hereinafter provided shall together determine the basic salary of each teacher employed by the Employer. The salary schedule is contained in Appendix A.

3.3 The monthly salary for each teacher shall be 1/12 part of the salary in effect.

3.3.1 A teacher's salary, normally paid in July and August, shall be paid on June 30 provided the teacher has submitted such a request to the Employer no later than the last school day prior to May 31. This clause is deleted effective September 1, 2008.

3.4 A teacher who is employed to teach on a part-time basis for the full school year or a portion thereof shall be paid that fraction of the annual salary entitlement which corresponds to the fraction of time taught.

3.5 The salary grid roll-up shall continue for the term of the Collective Agreement as follows:

Effective September 1, 2008 Step 7 will become a combined step re-named Step 6/7.
Effective September 1, 2009 Step 8 will become a combined step re-named Step 7/8.
Effective September 1, 2010 Step 9 will become a combined step re-named Step 8/9.
Effective September 1, 2011 Step 10 will become a combined step re-named Step 9/10.

Article 4 - Additional Allowances

4.0 In addition to the foregoing salary, there shall be paid additional allowances in accordance with the following schedule:

4.1 Principals shall be paid 15 per cent of the principal's position on the grid plus:

Effective September 1, 2009 through August 31, 2012 rates to be adjusted on the same dates and by the same percentage increases as are applied to the salary grid.

4.2 Vice-principals shall be paid 7.5 per cent of the vice-principal's position on the grid plus:

Effective September 1, 2009 through August 31, 2012 rates to be adjusted on the same dates and by the same percentage increases as are applied to the salary grid.

4.2.1 When in the absence of the principal, the vice-principal or other designee acts in the principal's place for a period of five or more consecutive school days, the vice-principal or other designee shall be designated as acting principal and shall receive an allowance computed as per subclause 4.1 effective the fifth day and every consecutive day thereafter of the period during which he or she is so designated.

4.2.2 In schools where there is no vice-principal, a teacher shall be designated acting principal and will be paid in accordance with the administration allowance formula specified in article 4.1 effective the fifth consecutive day of the principal's absence and prorated in accordance with the service so rendered. In addition, the teacher so designated shall receive an allowance equal to $1 per pupil as determined by the pupil count of September 30. The allowance shall be paid once annually and shall be included on the June cheque. This article does not apply to one-room schools.

4.2.3 In the event that the Employer initiates the transfer of a principal or vice-principal and such transfer results in an administrative allowance that is less than the allowance the principal or vice-principal currently receives, the Employer will maintain the higher allowance payment for three school years. For transfers that become effective following commencement of a school year, the higher administrative allowance will be paid for the remainder of that school year and the following three school years. This shall not apply if the principal or vice-principal requests the transfer.

4.2.4 Notwithstanding clause 4.2.3, in the event that the Employer initiates the transfer of a principal or vice-principal during the 1997/98 school year from one school to another, the Employer will grandfather the administrative allowance received. This will result in the maintenance of the annual allowance being received at the time of the transfer until such time as the provisions of the collective agreement entitle the principal or vice-principal to an allowance which is equal to or greater than that being received as a result of the grandfathering. This provision shall no longer apply if the principal or vice-principal requests a transfer.

4.3 Teachers designated by the Employer as department heads shall, in addition to their placement on the grid, be paid 10 per cent of the fourth year minimum.

4.4 Payment of administrative allowances shall commence on the effective date of appointment.

4.5 The pupil count for all allowances to be as of September 30 in each school year and kindergarten students shall be counted in the same fashion as they are counted for grant purposes by Alberta Education.

4.6 A teacher designated by the Employer as a central office coordinator shall be paid an allowance equal to 10 per cent of six year maximum.

4.7 Career and Technology Study Teachers

The Employer reserves the right to adjust the grid placement of a teacher who holds a valid journeyman’s certificate and who teaches career and technology studies at the senior high school level for which possession of such journeyman’s qualifications is a requirement.

Article 5 - Experience Increments

5.1 A year of teaching experience shall be earned by teachers performing required duties for at least 130 school days in the school term with the Employer. Teaching experience earned by part-time teachers or by a teacher under temporary contract, may be accumulated within three consecutive year intervals. When a year of teaching experience has been accumulated by part-time teachers or by a teacher under temporary contract, the teacher shall not begin to earn additional teaching experience until an increment has been granted at the beginning of another school year or February 1, whichever is applicable.

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

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

5.1.3 The adjustment date for changes in the number of increments allowed for teaching experience shall be at the beginning of the school year or February 1.

5.1.4 Substitute teaching shall be counted as teaching experience for incremental purposes.

5.2 The Employer shall only recognize complete years of previous teaching experience for salary purposes provided such previous teaching experience was earned while employed by a board of trustees of a district, division or county board of education as defined in the School Act or by an early childhood services board operated under the guidelines of Alberta Education.

5.2.1 Experience gained in jurisdictions outside the province of Alberta, but within Canada and United States of America, operated in accordance with the statutes of that jurisdiction will be recognized as if it were earned while in the employ of the Employer.

5.2.1.1 In addition to the teaching experience recognized in 5.2.1, experience gained outside of Canada and the United States will be recognized if a teaching certificate was required in the country where the teaching took place and if the accreditation of the school and the program of studies are satisfactory to the superintendent of schools.

5.2.2 For a teacher hired after the date of signing of the 1993/94 collective agreement, previous teaching experience gained by that teacher while employed by a private school accredited by Alberta Education and offering the approved Alberta curriculum, will be recognized for salary purposes. A teacher, whose private school teaching experience has been recognized by the Employer prior to the date of signing of the 1993/94 collective agreement shall continue to receive recognition for salary purposes.

5.3 The onus of substantiating previous teaching experience rests with the teacher.

5.3.1 Proof of previous experience or proof of having applied for same must be submitted to the Employer within 45 calendar days of commencement of employment or the first day of school of each school year or February 1, whichever is applicable.

5.3.2 If such evidence is submitted within 45 calendar days, salary shall be paid according to this experience effective the date of commencement of the school year or the date of commencement of employment or February 1, whichever is applicable.

5.3.3 If such evidence is not submitted within the aforementioned 45 days, the teacher shall be placed on the salary schedule according to the most recent acceptable statement of experience and salary shall be adjusted effective the beginning of the month following submission of such evidence.

5.3.4 Until the teacher submits satisfactory evidence of previous teaching experience, the teacher shall be placed on the salary schedule according to the most recent acceptable statement of teaching experience or the minimum salary level applicable to the teacher's years of university training.

Article 6 - University Education

6.1 The Alberta Teachers' Association Teacher Qualifications Service shall evaluate a teacher's university education for salary purposes in accordance with the policies and principles approved by the Teacher Salary Qualifications Board established by memorandum of agreement amongst the Department of Education, the Alberta Teachers' Association and the Alberta School Trustees' Association, dated March 23, 1967.

6.2 Each teacher claiming additional teacher education and each teacher commencing employment with the Employer, shall submit to the Employer proof of having applied to the TQS of the Association for a statement of qualifications for salary purposes within 45 calendar days from commencement of the school year, February 1 or from the date of commencement of employment. If satisfactory proof is submitted within the 45 calendar days, salary shall be adjusted retroactively to the applicable commencement of the school year or employment or February 1, on receipt of the statement of qualifications from TQS.

6.2.1 If satisfactory proof of having applied to TQS is not submitted within the 45 calendar days, salary shall be adjusted effective the month following the submission of satisfactory proof of qualifications provided such month is not July or August.

6.2.2 In the event of an appeal or re-evaluation by a teacher of an aforementioned TQS evaluation, salary will be adjusted retroactively to the date of the evaluation being appealed or re-evaluated provided such action is initiated by the teacher within 30 calendar days of the date of the said TQS evaluation. Written proof of such an action by the teacher is required by the Employer to substantiate a claim under these provisions.

6.2.3 If an appeal or re-evaluation is not launched by a teacher within the said 30 days, salary shall be adjusted effective the beginning of the month following submission of the result of the action by the teacher provided such month is not July or August.

6.3 Until the teacher submits satisfactory evidence of qualifications, the teacher shall be placed on the salary schedule according to the most acceptable statement of qualifications or according to the minimum education requirements for the teacher's teaching certificate.

Article 7 - Substitute Pay and Other Rates of Pay

7.1 Substitute teachers shall be paid a per diem rate the amount of which shall include vacation pay, as follows:

Effective September 1, 2009 through August 31, 2012 the rate of pay for substitutes is to be adjusted on the same dates and by the same percentage increases as are applied to the salary grid.

7.2 A substitute teacher who teaches five or more consecutive days in the same teaching position shall be paid effective the sixth day and every consecutive day thereafter a daily rate equivalent to 1/200 of his/her placement on the salary schedule.

7.3 Notwithstanding clause 12.1.1, a teacher engaged by the Employer to administer and teach in summer school, night school or intercession will be paid an hourly rate per instructional hour, inclusive of any general holiday and vacation pay, as follows:

Effective September 1, 2009 through August 31, 2012 the rate of pay is to be adjusted on the same dates and by the same percentage increases as are applied to the salary grid.

7.4 Continuing/Community Education includes projects and courses outside of the Alberta Learning program of studies that are offered to the general public. Where a teacher is engaged by the Employer to work in a Continuing/Community Education project or course, the Employer shall determine the appropriate rate of pay.

Article 8 - Sick Leave

8.1 Sick leave benefits are sponsored by the Employer and will be granted with pay for the purpose of obtaining necessary medical or dental treatment or on account of injury, illness or disability to the extent hereinafter provided.

8.2 (a) In the first year of employment with the Employer, the teacher shall be entitled to statutory sick leave. Should sick leave exceed the number of days of sick leave entitlement, any salary adjustment required shall be made on the last cheque issued to the teacher for the current school year.

(b) During the second and subsequent years under contract, annual sick leave with full salary will be granted for the purpose of obtaining necessary medical or dental treatment or because of accident, sickness or disability for 90 calendar days.

(c) A teacher who has more than one year of service and has been absent due to medical disability shall, upon return to full-time duty, be entitled to an additional sick leave benefit of 90 calendar days.

(d) For the purpose of this agreement, an interrupted illness for the same illness shall be counted as one illness.

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

(a) A statement, in a form approved by the Employer, signed by the teacher substantiating the illness.

(b) At the request of the Employer, a certificate from the teacher's attending medical or dental practitioner where the absence is for a period of more than three days.

(c) At the request of the Employer or its designate, a certificate from a physician or dentist designated by the Employer attesting to the illness or disability claimed provided there is no cost to the teacher.

(d) The Employer may request confirmation from the teacher’s physician that the teacher is following the physician’s recommended treatment plan. If there is a fee for the physician’s confirmation, the Employer shall reimburse the teacher following delivery of a receipt to the Employer.

8.4 (a) Teachers shall be eligible for sick leave from the onset of illness or disability to the extent of sick leave credited to them but not beyond the date of eligibility for benefit under the Alberta School Employee Benefit Plan.

(b) After 90 continuous calendar days of illness or medical disability, no further salary shall be paid.

8.5 Provisions of this article shall not be applicable when a teacher is on another leave (other than sick leave) without pay or while on strike.

8.6 In the event that a teacher wrongfully claims sick leave benefits or abuses the privileges, he/she shall be considered absent without leave and subject to disciplinary action.

8.7 When a teacher leaves the employ of the Employer, all benefits contained under these provisions are cancelled.

Article 9 - Sabbatical Leave

9.1 Sabbatical leave shall mean any long term leave of absence granted to a teacher for professional development through study.

9.2 Sabbatical leave may be granted at the discretion of the Employer.

9.3 The remuneration of a teacher granted sabbatical leave shall be determined by the difference between category four minimum and four maximum salary rates in effect at the time the leave commences.

9.3.1 Sabbatical leave for the duration of a semester or trimester may be granted by the Employer. Remuneration shall be calculated on a prorata basis in accordance with article 10.3.

9.4 A teacher who is granted sabbatical leave shall give an undertaking in writing to return to his/her duties following the expiry of his/her leave and shall not resign or retire from teaching service other than by mutual agreement between the Employer and the teacher, for a period of at least two years after resuming duties.

9.5 Should a teacher, by mutual consent, resign or retire from the service of the Employer before completing his/her two years service following such leave, repayment of sabbatical leave salary shall be made to the Employer on a prorata basis. Teachers on extended disability benefits shall not have this counted as a repayment period.

9.6 Experience increments will not be granted to teachers for the period of leave.

9.7 A teacher granted sabbatical leave shall enter into an individual written agreement with the Employer as to the conditions under which he/she may return to the school system at the conclusion of the leave provided the individual contract does not contravene the collective agreement.

9.8 For leaves commencing on or after September 1, applications must be made on or before the first of March.

9.9 The Employer shall consider all applications before the 15 of March each year. All applicants shall be informed of the Employer's decision on or before March 31 in each year.

Article 10 - Maternity and Parental Leave

10.1 Entitlement to Maternity Leave

A teacher who is an employee of the Employer is entitled to maternity leave without pay.

10.1.2 (a) A teacher referred to above is entitled to a maternity leave of: a period not exceeding 15 weeks commencing at any time during the period of 12 weeks immediately preceding the estimated date of delivery, and not later than the date of delivery; and;

(b) If the actual date of delivery is after the estimated date of delivery, an additional period of time consisting of the time between the estimated date of delivery and the actual date of delivery.

(c) The Employer shall continue to contribute the Employer’s share of health plan premiums during the entire maternity leave 15 weeks (plus the first three weeks of the remaining parental leave) where the teacher chooses to continue coverage as per article 14.

(d) Subject to section 10.1.4 the maternity leave shall include a period of at least six weeks immediately following the actual date of delivery.

(e) A teacher who wishes to return to work prior to six weeks post delivery is required to provide a medical certificate indicating that resumption of work will not endanger her health.

10.1.3 Notice of Maternity Leave

(a) When possible, a teacher will notify the Employer of her leave requirements six weeks in advance of the first day of leave. The commencement of and return from maternity leave shall be determined by the teacher. Notification of leave requirements shall be in writing. A medical certificate certifying pregnancy and expected date of delivery shall accompany such notification.

10.1.4 No Notice of Maternity Leave

A teacher who fails to comply with section 10.1.3 and who is otherwise entitled to maternity leave, is entitled to maternity leave for the period specified in section 10.1.2 if within two weeks after she ceases to work she provides the Employer with a medical certificate which:

(a) Indicates that she is not able to work by reason of a medical condition arising from her pregnancy; and
(b) Gives the estimated date of delivery or the actual date of delivery.

10.1.5 Supplemental Unemployment Benefit Plan (SUBP)

(a) The Employer shall implement a SUBP, which shall be accessed by the teacher, during the post-delivery period, and shall provide a teacher on maternity leave with 95 per cent of her normal weekly earnings during the health-related portion of the maternity leave.

(b) The SUBP will be paid, subject to medical evidence, for the duration of the absence from duties for a health-related reason related to pregnancy during maternity leave while the teacher is in receipt of Employment Insurance (EI) benefits and during the EI waiting period up to a maximum number of days equal to the teacher’s sick leave entitlement. After 90 consecutive calendar days of disability, an eligible teacher shall apply for Extended Disability Benefits and the SUBP payments shall cease. A teacher who does not qualify for EI shall have access to their accrued sick leave.

10.2.1 Parental Leave

(a) The Employer shall grant parental leave to a teacher in the following circumstances:

i) in the case of a teacher entitled to maternity leave, a period of not more than 37 consecutive weeks immediately following the last day of the teacher’s maternity leave;
ii) in the case of a parent a period of not more than 37 consecutive weeks within 52 weeks after the child’s birth;
iii) in the case of an adoptive parent a period of not more than 37 consecutive weeks within 52 weeks after the child is placed with the adoptive parent for the purpose of adoption.
iv) in the case of an adoptive parent the Employer shall continue to contribute the Employer’s share of health premiums for eight weeks of the 37 week leave period where the teacher chooses to continue coverage.

(b) If both parents are employees of the Employer, the parental leave may be accessed entirely by one of the parents or shared between the parents. However, the Employer is not required to grant parental leave to more than one employee at a time nor in the case of adoption leave will the Employer pay more than eight weeks in total of the Employer’s share of premiums should both parents decide to share the leave.

10.2.2 Notice of Parental Leave

(a) A teacher must give the Employer at least six weeks notice in writing of the date the teacher will start parental leave unless:

i) the medical condition of the birth mother or child makes it impossible to comply with this requirement; or,
ii) the date of the child’s placement with the adoptive parent was not foreseeable.

(b) If the teacher cannot comply with the written notice requirement for any of the reasons stated under subsection 10.2.2 (a), the teacher must give the Employer written notice at the earliest possible time of the date that the teacher will start or has started parental leave.

(c) Employees who intend to share parental leave must advise their respective employers of their intention to share parental leave.

10.3 Prohibition Against Termination of Employment

(a) The Employer shall not terminate the employment of or layoff a teacher who:

i) has commenced maternity leave; or
ii) is entitled to or has commenced parental leave.

10.4 Resumption of Employment

(a) A teacher who has accessed maternity leave or combined maternity/parental leave shall provide at least four weeks written notice of the date the teacher intends to return to work.

(b) A teacher who has only accessed parental leave who wishes to return to work within the first 37 weeks of leave shall provide at least four weeks written notice of the date the teacher intends to return to work. If the leave continues beyond 37 weeks return shall occur at the beginning of a school year, or the beginning of a reporting period or at such time as mutually agreed by the teacher and superintendent.

(c) A teacher returning from maternity/parental leave is entitled to a teaching position with the Employer. Any teacher returning from maternity/parental leave who was employed on a probationary contract immediately prior to the leave may, at the discretion of the Employer, be offered a second probationary contract of employment.

10.5 Recognition of Teaching Experience

(a) Only the paid health related portion of the maternity leave shall be considered teaching experience for the purpose of granting salary increments.
(b) Adoption leave shall not be considered teaching experience for the purposes of granting salary increments.

10.6 Other Leaves

(a) One day leave with pay shall be provided to a teacher to attend the adoption of his/her child.
(b) One day of paternal leave with pay shall be provided to a teacher occasioned by the birth of his child.

10.7 Extended Parental Leave

10.7.1 Extended parental leave shall be granted to a teacher without pay, allowances and other benefits of this agreement for a period up to one school year:

(a) to provide care to the teacher’s child less than two years of age; or
(b) to care for the teacher’s adopted child

10.7.2 The teacher shall, in consultation with the superintendent, determine the commencement date of the leave. This consultation and notice of leave requirements shall occur three months in advance of the leave where possible, and in any event, at least one month prior to the commencement of the leave.

10.7.3 Return from child care leave shall occur at the beginning of a school year or the beginning of a reporting period or at such other time as mutually agreed by the teacher and superintendent.

10.7.4 Teachers returning from extended parental leave are entitled to a teaching position with the Employer. Any teacher returning from such leave who was employed on a probationary contract immediately prior to the leave, may, at the discretion of the Employer, be offered a second probationary contract of employment.

10.7.5 A teacher requesting return prior to the expiry of the leave will be considered for appropriate vacancies.

10.7.6 Where extended parental leave is granted in conjunction with maternity or parental leave, the combined total leave shall not exceed 24 months.

10.7.7 Leave taken for the purpose of extended parental leave shall not be considered teaching experience for the purpose of granting a salary increment.

10.7.8 Only one parent shall be granted extended parental leave under these provisions.

Article 11 - Leave of Absence for Other Purposes

11.0 Leave of absence shall be granted with pay under the following conditions:

11.1 (a) Up to three school days for the critical illness and five school days for the death, of a teacher's spouse, son or daughter, parent, brother, sister or parent of spouse;

(b) Up to three school days for the critical illness and three schools days for death of grandparent, grandchild, grandparent of spouse, brother-in-law, sister-in-law, son-in-law, daughter-in-law or other relative who is a member of the teacher's household.

11.1.1 Those days referred to in article 11.1 may be extended at the discretion of the Employer should additional time be required for travel.

11.1.2 Before payment is made under article 11.1, the Employer may require a medical certificate stating that critical illness was the reason for the absence.

11.2 A teacher is entitled to leave of absence with pay for one day per calendar year to attend the teacher's own convocation or for the writing of an examination related to the teacher's academic studies.

11.3 A teacher who, despite reasonable effort, is unable to travel to his/her school from his/her usual place of residence because of (a) inclement weather, (b) impassable road conditions or (c) failure of transportation facilities other than his/her own, is entitled to his/her salary for the periods of absence so occasioned. Impassable roads mean roads temporarily closed by municipal or provincial authorities, or a reasonable effort to travel to work has been made by the teacher, but due to road conditions, the teacher was unable to attend at work. Where roads are reopened or become passable during the workday, the teacher is expected to attend at their place of work.

11.3.1 Payment of salary for absences under article 11.3 is subject to approval of the school superintendent or designate.

11.4 Leave of absence for salary negotiations shall be granted to any three teachers in the bargaining unit without loss of salary provided however, that the Employer shall be reimbursed by the Alberta Teachers' Association for the cost of the substitute teacher per diem rate for each day of such leave.

11.5 Additional leave of absence may be granted by the Employer with or without pay.

11.6 The following conditions shall not be deemed to be an extension of a teacher's individual contract which has been terminated:

(a) compassionate leave,
(b) maternity leave,
(c) sabbatical or other special leaves of absence.

11.7 Upon request to the principal, with two weeks notice where possible, a teacher shall be granted one day personal leave per school year except where circumstances put such a leave in conflict with the interests of the school. Upon request to the superintendent, with two weeks notice where possible, a principal shall be granted one day personal leave per school year except where circumstances put such leave in conflict with the interests of the school. In either case, this day shall not be used to extend a holiday period or long weekend, except at the discretion of the superintendent.

11.7.1 For any teacher under contract for 60 days or less in a school year, the provisions of clause 12.7 do not apply.

11.7.2 Any teacher under contract for 61 to 100 days in a school year shall be granted 1/2 day personal leave per school year.

11.7.3 Each teacher shall be entitled to accumulate unused personal leave to a maximum of five days which may be used in any one school year.

11.8 Leave with pay shall be granted:

(a) for jury duty or any summons related thereto;
(b) to answer a subpoena or summons to attend any court proceedings as a witness in a cause other than the teacher's own.

11.8.1 The teacher shall reimburse the Employer an amount equivalent to any witness or jury fee set by the court.

11.9 The Employer shall be reimbursed at the cost of a substitute teacher per diem rate for each day a teacher is absent to participate in the grievance procedure in any way. The teacher shall inform the secretary-treasurer of the Employer regarding the appropriate billing procedure. If payment is not received within 90 days of the date of billing, then the amount due shall be deducted from the teacher's salary.

Article 12 - Conditions of Professional Service

12.1 No teacher shall be required to render service for more than 200 days in a school year, exclusive of designated and statutory holidays.

12.1.1 A teacher regularly assigned to classroom duties who agrees to render service in excess of 200 days shall be paid at the rate of 1/200 of the rate of the teacher's total salary for each day the teacher is so employed in excess of 200 days.

12.1.2 Notwithstanding 12.1.1, it is recognized that teachers who are in receipt of an administrative or supervisory allowance shall accept the professional responsibility of having their units operational on the opening day of school each school term, semester or other division of the school year. In a like manner, all teachers shall accept the professional responsibility of completing all activities connected with school opening and closing.

12.1.3 Effective September 1, 2000 teachers shall be free of assigned duties for a minimum of 30 minutes during the regularly scheduled lunch intermission.

12.2 When a student with special needs is placed in a regular class setting, the teacher will:

1. Be invited to participate in education related case conferences with personnel associated with the placement of the student;
2. Have access to information that in the opinion of the Employer or its designee is pertinent to the placement; and
3. Be provided inservice training to meet the needs of the student provided the Employer or its designee deem the training necessary.

Article 13 - Transfers

13.1 The Employer may transfer teachers subject to the following conditions:

(a) A teacher shall not be transferred to another school within three calendar years of a previous involuntary transfer, unless the teacher agrees to said transfer.

(b) Teachers who are involuntarily transferred to another school shall be entitled to meet with the superintendent of schools prior to said transfer and receive, in writing, the reasons for the transfer.

(c) When a teacher is involuntarily transferred to another school subsequent to the commencement of the school year, the teacher will be provided three days of unassigned preparation time to prepare for the new assignment.

(d) The Employer shall pay to a teacher who has been involuntarily transferred to another school the reasonable moving expenses necessarily incurred by the teacher and the teacher's family as a result of said involuntary transfer.

(e) If the teacher is involuntarily transferred to another school due to downsizing or school closure, clause 13.1(a) above shall not apply.

13.2 The Employer shall pay to a teacher who has been transferred to another school, the reasonable moving expenses necessarily incurred by him/her and his/her family as a result of transfer when the transfer is made at the request of the Employer.

13.3 Any teacher who becomes an employee of the Employer, pursuant to the provisions of section 242 of the School Act, 2000 and who has been designated a principal, vice-principal or assistant principal by his former employer, shall retain such designation until the termination of the current collective agreement.

Article 14 - Group Insurance

14.1 Participation in the plans is a condition of employment for all teachers who meet the requirements of the plans.

14.2 When enrollment and other requirements for group participation in various plans have been met, the Employer will sponsor such plans to the portion agreed upon and such sponsorship shall not exceed that which is authorized or accepted by the benefit agency.

14.3 The Board shall contribute toward the costs of the various premiums as follows:

(a) ASEBP, Extended Disability Benefit, Plan D, Life and Accidental Death and Dismemberment Insurance, Schedule 2 or equivalent plan - 95 per cent of each teacher’s monthly premium.
(b) ASEBP Extended Health Care Plan 1 or equivalent plan - 95 per cent of each teacher’s monthly premium.
(c) ASEBP Dental Care Plan 3 or equivalent plan - 95 per cent of each teacher’s monthly premium.
(d) Alberta Health Care - 95 per cent of each teacher’s monthly premium.
(e) ASEBP Vision Care Plan 3 or equivalent plan - 95 per cent of each teacher’s monthly premium.

For subclauses (a), (b), (c), (d) and (e), Employer premium contributions shall increase as follows:

Effective September 1, 2009 increase Employer contributions to 96 per cent.
Effective September 1, 2010 increase Employer contributions to 97 per cent.
Effective September 1, 2011 increase Employer contributions to 98 per cent.

(f) The Employer will maintain the same level of benefits under subclauses (a), (b), (c) and (e) above under any new plan established by the Employer.

(g) Effective August 31, 2007 the Health Spending Account per teacher, prorated to FTE, will be $40 per month.

Effective September 1, 2008 the monthly contributions shall increase to $42.
Effective September 1, 2009 the monthly contributions shall increase to $44.
Effective September 1, 2010 the monthly contributions shall increase to $46.
Effective September 1, 2011 the monthly contributions shall increase to $48.

14.4 Subject to the provisions of the master policies, all teachers appointed to the staff of the Employer after the signing of this collective agreement shall be required to enrol in these ASEBP plans and AHC. All teachers enrolled in the plans on the signing date of this agreement shall continue to be enrolled in the plans. A teacher may be exempted from participation in the extended health care plan, the dental plan and the AHC plan upon submitting proof of participation in these or similar plans through the teacher's spouse.

14.5 Payments towards benefit plans by the Employer shall permit it to retain and not pass on to teachers, any rebates of premiums otherwise required under Canada Employment and Immigration Commission (previously Unemployment Insurance Commission) regulations.

14.6 From the date teachers become eligible for disability benefits under the Alberta School Employee Benefit Plan, no further sick leave benefits shall be paid by the Employer for the period of that disability.

14.7 Teachers receiving disability benefits from the plan shall not receive sick leave benefits during the period of disability.

14.8 The Employer shall deduct from the monthly salary of each teacher enrolled in said insurance plans, the teacher's share of the monthly premiums and shall remit payment for premiums to the appropriate companies.

Article 15 - General

15.1 Newly appointed teachers may be required to present a medical certificate of good health and evidence of teaching experience.

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

15.3 A teacher on a probationary contract shall be notified in writing by the superintendent or designate on or before June 5 as to whether or not the teacher will be offered a continuing contract.

Article 16 – Management Rights

16.1 The Employer retains all those residual rights of management not specifically limited by the terms of this agreement.

Article 17 - Grievance Procedure

17.1 A "grievance" is defined as any difference between any employee covered by this agreement and the Employer or in a proper case, between the Local of the ATA and the Employer, concerning the interpretation, application, operation or alleged violation of this agreement and further including any dispute as to whether the difference is arbitrable, shall be dealt with as follows, without stoppage of work or refusal to perform work.

17.1.1 The purpose of the grievance procedure provisions is to ensure that any grievance is processed in an expeditious manner, therefore, compliance with the provisions is mandatory. If the respondent fails to comply with provisions of this procedure, the grievance is processed to the next step. If the grievant fails to comply with all procedures, the grievance is at an end.

17.2 Step A--The grievance shall be in writing and must include a statement of the following:

(a) the name(s) of the aggrieved;
(b) the nature of the grievance and the circumstances which gave rise to the grievance;
(c) the remedy or correction the Employer is requested to make;
(d) the section(s) where the agreement is claimed to be violated.

Such written grievance shall be submitted to the secretary-treasurer of the Employer and to the chair of the economic policy committee of the ATA Local within 20 teaching days following the date of the occurrence giving rise to the grievance or when the grievant first became aware of the occurrence giving rise to the grievance.

The superintendent or designate and the grievant(s), with or without an ATA representative, shall meet within 15 teaching days in an attempt to resolve the dispute. The superintendent or designate shall have 15 teaching days in which to render its decision in writing.

17.3 Step B--In the event the grievance is not settled after the date of submission of the grievance in accordance with Step A, then on or before a further 10 teaching days have elapsed from the time the written decision is received, the grievance shall be referred in writing by the grievant to the chair of the economic policy committee of the Local and secretary-treasurer of the Employer. The secretary-treasurer of the Employer shall convene a meeting of the grievance committee. The grievance committee shall be composed of two representatives of the Employer and two representatives of the Alberta Teachers' Association. A quorum of this committee shall consist of all members. The grievance committee shall meet and endeavor to resolve the grievance and shall render its decision in respect of the grievance within 21 teaching days following the receipt of the submission. If the grievance committee reaches a unanimous decision as to the disposition of the grievance, that decision shall be final and binding.

17.4 Step C--In the event the grievance committee does not meet within 21 teaching days following receipt of the submission or in the event the grievance committee does not reach a unanimous decision within the said time, then either party may, by written notice, require the establishment of an arbitration board as hereinafter provided. Such notice must be given within 10 teaching days after the aforesaid 21 teaching day time limit expires or if the grievance committee fails to render a unanimous decision.

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

17.6 If the two members fail to select a chairman within five days after the day on which the latter of the two members is appointed, they shall request the director of mediation services to select a chairman.

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

17.8 The arbitration board shall not change, modify or alter any of the terms of this agreement. All grievances or differences submitted shall present an arbitrable issue under this agreement and shall not depend on or involve an issue or contention by either party that is contrary to any provisions of this agreement or that involves the determination of a subject matter not covered by or arising from, the terms of this agreement.

17.9 The arbitration board shall give its decision not later than 14 days after the appointment of the chairman except with the consent of the Employer and the Association by whose joint consent only shall such limitations of time be extended. The finding and decisions of a majority of an arbitration board shall be the findings and decisions of the arbitration board and shall be binding on both parties.

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

17.11 Where any references in articles 17 to 17.9, inclusive, are to a period of days, such period shall be exclusive of Saturdays, Sundays, statutory and Employer declared holidays.

17.12 Any of the aforesaid time limits may be extended at any stage upon the written consent of the parties.

APPENDIX A

Salary Schedule Effective September 1, 2007

Salary Schedule Effective September 1, 2008

The following salary increases shall be provided in accordance with the Memorandum of Agreement between the Government of Alberta and the Alberta Teachers’ Association of November 15, 2007.

Effective September 1, 2007 adjust the salary grid in effect on August 31, 2007 by 3 per cent. For the school years 2008/2009 to 2011/2012, salary grid adjustments will be as follows:

The Alberta Average Weekly Earnings* index (AAWE) percentage increase for September 1, 2008 will be calculated by comparing the average of earnings for Alberta for January 1, 2007 to December 31, 2007 to the average of earnings for Alberta for January 1, 2006 to December 31, 2006 and then applied to the salary grid in effect on August 31, 2008.

The Alberta Average Weekly Earnings* index (AAWE) percentage increase for September 1, 2009 will be calculated by comparing the average of earnings for Alberta for January 1, 2008 to December 31, 2008 to the average of earnings for Alberta for January 1, 2007 to December 31, 2007 and then applied to the salary grid in effect on August 31, 2009.

The Alberta Average Weekly Earnings* index (AAWE) percentage increase for September 1, 2010 will be calculated by comparing the average of earnings for Alberta for January 1, 2009 to December 31, 2009 to the average of earnings for Alberta for January 1, 2008 to December 31, 2008 and then applied to the salary grid in effect on August 31, 2010.

The Alberta Average Weekly Earnings* index (AAWE) percentage increase for September 1, 2011 will be calculated by comparing the average of earnings for Alberta for January 1, 2010 to December 31, 2010 to the average of earnings for Alberta for January 1, 2009 to December 31, 2009 and then applied to the salary grid in effect on August 31, 2011.

Note: If the AAWE calculation results in a negative number, the current salary grid in effect at the time shall continue in effect for the subsequent school year.

* The average weekly earnings for Alberta (based on the Statistics Canada Survey of Employment, Payrolls and Hours), unadjusted for seasonal variation, by type of employee for selected industries classified using the North American Industry Classification System (NAICS), monthly (Dollars) (281-0026).

ADDENDUM

Addendum to the September 1, 2007-August 31, 2012 Salary Agreement between Canadian Rockies Regional Division No 12 and the Alberta Teachers’ Association

Rates effective September 1, 2009—5.99 per cent increase

Article 3 – Salaries

3.1  

Article 4 – Additional Allowances

4.1   Principal Per Student Allowance Effective September 1, 2009

4.2   Vice-Principal Per Student Allowance Effective September 1, 2009

Article – Substitute Pay and Other Rates of Pay

7.1   Substitute Pay Effective September 1, 2009

7.3   Summer School, Night School or Intercession Rates Effective September 1, 2009

ADDENDUM

Addendum to the September 1, 2007-August 31, 2012 Salary Agreement between Canadian Rockies Regional Division No 12 and the Alberta Teachers’ Association

Rates effective September 1, 2010—2.92 per cent increase

Article 3 – Salaries

3.1  

Article 4 – Additional Allowances

4.1   Principal Per Student Allowance Effective September 1, 2010

4.2   Vice-Principal Per Student Allowance Effective September 1, 2010

Article – Substitute Pay and Other Rates of Pay

7.1   Substitute Pay Effective September 1, 2010

7.3   Summer School, Night School or Intercession Rates Effective September 1, 2010

ADDENDUM

Addendum to the September 1, 2007-August 31, 2012 Salary Agreement between Canadian Rockies Regional Division No 12 and the Alberta Teachers’ Association

Rates effective September 1, 2011—4.54 per cent increase

Article 3 – Salaries

3.1  

Article 4 – Additional Allowances

4.1   Principal Per Student Allowance Effective September 1, 2011

4.2   Vice-Principal Per Student Allowance Effective September 1, 2011

Article 7 – Substitute Pay and Other Rates of Pay

7.1   Substitute Pay Effective September 1, 2011

7.3   Summer School, Night School or Intercession Rates Effective September 1, 2011