The Alberta Teachers’ Association

THIS AGREEMENT is between The Board of Trustees of Edmonton School District No 7 and the Alberta Teachers' Association, a body corporate incorporated under the laws of the Province of Alberta.

Whereas the Association is the duly certified bargaining agent for the teachers employed by the Board, and

Whereas such teachers' terms and conditions of employment and their compensation have been the subject of negotiation between the parties;

Therefore, the parties desire that these matters be set forth in an agreement to govern all the terms of employment of the teachers.

1. Definitions

For the purposes of this agreement:

(a) "Benefits" shall mean the Board's portion of group insurance premiums.
(b) "Board Cost" for an employee shall mean applicable salary and benefits as well as the Board's obligation for holiday pay, vacation pay and the Board portion of legislated programs such as EI and the Canada Pension Plan.
(c) "Local" shall mean the Edmonton Public Teachers Local 37 of the Alberta Teachers' Association.
(d) "Natural Break" means Christmas break, spring break, summer break, other breaks of four or more week days, semester changes at high schools and any other time approved by the Board.
(e) "Salary" shall mean, unless otherwise specified, applicable salaries and allowances specified under clauses 5.1 and 7 to 11 inclusive.
(f) "School Year" shall mean the period beginning on the first day of operation and ending on the day prior to the first day of operation in the following year.
(g) "Substitute Teachers" are teachers employed on a day-to-day basis and placed on the active list of substitute teachers.
(h) "The Association" shall mean the Alberta Teachers' Association, a body corporate incorporated under the laws of the province of Alberta.

2. Term and Duration

2.1 This agreement shall, except where otherwise specified, take effect on September 1, 2001 and shall remain in full force and effect until August 31, 2003, except in the event that negotiations between the parties for renewal or revision hereof or for a new collective agreement have been commenced as hereinafter provided and have not been concluded by August 31, 2003, this agreement shall continue in full force and effect until:

(a) a new agreement is reached, or
(b) the Association terminates the agreement by commencement of strike action, or
(c) the Board terminates the agreement by the commencement of a lockout.

2.2 No new claims or demands shall arise out of previous agreements upon the coming into force of this agreement.

2.3 In the event that any provision of this agreement is unenforceable or invalid, that unenforceability or invalidity shall not affect the enforceability or validity of any other provisions of this agreement.

3. Notice to Bargain

3.1 Either party to the collective agreement may, not less than 60 days and not more than 150 days preceding the expiry of the term of the collective agreement, by notice in writing, require the other party to the collective agreement to commence collective bargaining. When the foregoing notice is given, the representatives of the parties shall meet and commence collective bargaining not more than 30 days after notice is given.

3.2 The two parties may at any time upon their mutual agreement negotiate revisions of this agreement. Any such revisions shall become effective from such date as shall be mutually agreed upon by the parties.

4. Scope

4.1 This agreement shall be applicable to every person who requires a teacher certificate as a condition of employment with the Board, specifically exempting the superintendent of schools, assistant to the superintendent, administrative assistant to the superintendent, managing directors, directors and supervisors of personnel and central service department heads. Notwithstanding the above, this agreement shall not apply to persons teaching at the Board's summer school, night classes or tutorial classes except as provided in clause 11.2.

4.2 The Board may create new classes of designation in respect to teachers covered by this agreement. Nevertheless, the salaries for such new classifications shall be arrived at by consultation with the Local before initially advertising positions or designating teachers within the new classifications.

5. Salary Scale

5.1 Effective September 1, 2001 teachers will be paid in accordance with the following annual salary grid.

				Four	Five	Six
0-1				39,750	42,027	44,600
2				42,017	44,294	46,867
3				44,284	46,561	49,134
4				46,551	48,828	51,401
5				48,818	51,095	53,668
6				51,085	53,362	55,935
7				53,352	55,629	58,202
8				55,619	57,896	60,469
9				57,886	60,163	62,736
10				60,153	62,430	65,003
11				62,897	65,174	67,747

				Four	Five	Six
0				41,241	43,603	46,273
1-2				43,593	45,955	48,625
3				45,945	48,307	50,977
4				48,297	50,659	53,329
5				50,649	53,011	55,681
6				53,001	55,363	58,033
7				55,353	57,715	60,385
8				57,705	60,067	62,737
9				60,057	62,419	65,089
10				62,409	64,771	67,441
11				65,256	67,618	70,288

				Four	Five	Six
0				42,684	45,129	47,893
1-2				45,118	47,563	50,327
3				47,552	49,997	52,761
4				49,986	52,431	55,195
5				52,420	54,865	57,629
6				54,854	57,299	60,063
7				57,288	59,733	62,497
8				59,722	62,167	64,931
9				62,156	64,601	67,365
10				64,590	67,035	69,799
11				67,537	69,982	72,746

5.1.2 Teachers on staff as of September 1, 1991 who have three years of teacher education shall be paid the same grid salary as teachers with four years of teacher education and four years of teaching experience until they attain four years of teacher education. This clause shall be deleted by mutual consent only after the District and the Local are satisfied that there are no teachers eligible for payment under this clause.

5.1.3 New employees with less than four years university education shall be paid at the category four, step zero level until they qualify for category four on the grid.

5.2 Salary Payment

5.2.1 The Board shall pay by electronic deposit to the financial institution of each teacher's choice taking into consideration any necessary adjustments:

(a) 1/12 of annual salary by the last banking day of each month except for summer break and Christmas/spring breaks.
(b) 3/12 of annual salary by the last banking day of June.
(c) Salary payments prior to the Christmas and spring breaks shall be deposited by the last operational day prior to the break.

5.2.2 A teacher may request in writing that the Board, through payroll deductions, make electronic RRSP deposits to the financial institution of the teacher's choice, in the amount specified by the teacher.

5.2.3 Administrators', supervisors' and specialists' allowances shall be paid from the date the respective responsibility is assumed and shall be discontinued from the date the responsibility is terminated.

5.2.4 The Board shall ensure that the pensionable service of teachers is not negatively impacted by transferring to and from school with modifiend calendars. Upon request, a teacher newly-appointed to the District and assigned to a school with a modified calendar shall receive an advance repayable over the term of the teacher's contract or the school year, whichever is shorter, or other mutually agreed upon arrangements between the teacher and the Board.

5.3 New Appointees

5.3.1 A teacher may be placed at one or more steps on the salary grid higher than that provided for under teaching experience when the teacher is engaged by the Board for the purpose of filling:

(a) a specialized teaching position and/or supervisory position.
(b) a teaching and/or supervisory position which, in addition to an Alberta Teacher Certificate, requires a special license or certificate, the training for which is not recognized by the Alberta Teachers' Association Teacher Qualifications Service.

The grid salary so determined shall not exceed the maximum provided for the appropriate year of teacher education.

5.3.2 Prior to the engagement of personnel in accordance with clause 5.3.1, the Board shall notify the Local of its intention, give the Local one week to respond and promptly notify the executive secretary when the appointment has been made.

5.4 Experience Increments

5.4.1 A teacher paid pursuant to clause 10 who transfers to a position paid in accordance with clause 5.1 shall receive grid placement with years of service under clause 10 deemed to be equivalent to years of service eligible for increments.

5.4.2 A teacher employed for or subsequent to February 5, 1986 shall be granted any increments previously established by this Board for that teacher, as well as one increment for each full year of teaching experience as defined in clause 5.4.9 that was not counted toward the granting of those increments.

5.4.3 Where such a teacher's previous teaching experience includes substitute or supply service, partial years of service or periods of part-time service, full years of service shall be calculated as the number of full days of teaching experience in those years divided by 180. Any remainder of 150 or more days shall be counted as a full year.

5.4.4 Any residual number of days of teaching experience beyond the full years of teaching experience recognized under clause 5.4.3 shall be credited to the teacher for accumulation toward the earning of any future increment.

5.4.5 Those teachers under continuing contract who have a minimum teaching experience of 150 full days which have not previously been counted for increment purposes, shall be granted one experience increment in accordance with clause 5.4.10 and thereafter, until the teacher reaches the maximum grid salary of the appropriate category of education, a further increment for each 150 full days of teaching experience acquired after that date. These increments will be effective on September 1 or February 1 immediately following the attainment of the necessary accumulation of days.

5.4.6 A teacher shall be granted only one experience increment during any one school year, except that a teacher who earns an increment while on leave, in accordance with clause 23, shall not lose the right to a further earned increment in February following return from leave.

5.4.7 The maximum number of days of teaching experience which may be counted for increment purposes during any school year shall be 150 days.

5.4.8 Subject to clause 5.4.7, any residual number of days of teaching experience which the teacher has accumulated at the time an increment is granted under clause 5.4.5 shall be credited to the employee for accumulation toward the earning of any future increment.

5.4.9 Effective February 5, 1986, teaching experience for the purpose of clauses in this section shall include the following:

(a) days under contract in a position which requires a teaching certificate as a condition of employment, excluding leaves of absence without salary and vacation periods,
(b) days employed as a long term substitute teacher,
(c) days employed as a day-to-day substitute teacher within the preceding five years,
(d) days taught for the Alberta Distance Learning Centre,
(e) days taught in a post-secondary institution.

Experience for the purpose of the above subclauses shall mean experience gained while holding a valid Alberta teaching certificate or its equivalent.

5.4.10 Each teacher who is eligible for an increment shall, on the first day of September or February immediately following the establishment of such eligibility, be placed on the next higher step on the grid for the appropriate category of teacher education.

5.5 Teacher Education

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

5.5.2 The effective dates of adjustment to grid salaries for increased teacher education shall be the opening day of school in each school year and February 1 each year.

5.5.3 A teacher must advise the Board in writing if a further year of teacher education is acquired. Failure to do so by October 31 will result in the grid salary adjustment date to be the following February 1. Failure to advise the Board in writing by March 31 will result in the grid salary adjustment being delayed until the opening day of school in the next school year.

6. Work During Holiday Periods

6.1 A person covered by this collective agreement who agrees to render services during the summer, Christmas, spring recess periods or other natural breaks at the request of the superintendent of schools, shall be paid 1/400 of total annual salary for each half day of work, or may choose an equal number of days in lieu of payment. Such days will be taken at a time suitable to the person, subject to approval of the superintendent of schools, having regard to all the circumstances and the interest of the district.

6.2 Days in lieu earned under the provisions of clause 6.1 must be taken by June 30 of the school year following the one in which they were earned. Days in lieu not taken by this date shall be paid out by September 30 of the subsequent school year at a rate of 1/400 of the teacher's total annual salary for each 1/2 day of work.

6.3 Clause 6.1 shall not apply to those duties of school administrators which are necessary for the proper operation of their schools.

6.4 Teachers who, with the approval of the superintendent of schools, undertake and complete discrete projects will be paid the sum of money assigned to the project for teacher services.

7. Substitute Teachers

7.1 The rate of pay for substitute teachers shall be, inclusive of general holiday and vacation pay, as follows:

	September 1, 2001	September 1, 2002	March 1, 2003
Full Day	$147	$152	$157
Half Day	$78	$81	$83

7.3 The Board may, on application by a substitute teacher, reimburse that teacher for medical expenses resulting from injury on the job.

7.4 If a substitute teacher is unable to work as a result of an injury incurred at the workplace, the Board shall pay the teacher the per diem rate specified in clause 7.1 for a maximum of 20 consecutive teaching days immediately following the injury, provided that the inability to work is verified by a physician chosen or approved by the Board.

8. Allowances and Salaries for Designated Positions

(a) Staff are eligible to receive only one allowance with the exception of a special class teacher or a teacher assigned to multiple locations.
(b) A teacher in receipt of an allowance under clauses 10, 9.4 and 9.3 shall, following three consecutive years in the designation and upon acceptance of another position in the agreement, retain the same salary for a period of two years, or until the salary of the new position exceeds the amount of the retained salary, whichever occurs first. The foregoing shall apply to those appointments whose effective date occurs after the ratification of this agreement.
(c) The salary of a principal, assistant principal or housemaster shall:
(i) upon termination of designation and acceptance of another position in the agreement, remain the same for a period of two years or until the salary of the new position exceeds the amount of the retained salary, whichever occurs first, and
(ii) not be reduced because of declining enrolments to an amount less than the salary to which the individual was entitled by the formula or schedule in the preceding school year.

9. Allowances for Designated Positions

In addition to the grid salary, there shall be paid the following annual allowances to designated personnel in the school system. All such allowances shall be prorated for employees employed less than full-time with the Board.

9.1 Principals - the formula to be used in computing the principal's allowance for each school will be as follows:

	September 1, 2001	August 31, 2002	March 1, 2003
Minimum	$15,406 + $12.84 (P-300)	$15,984 + $12.84 (P-300)	$16,543 $12.84 (P-300)
Maximum	$26,201	$27,184	$28,135

9.2 Assistant Principals and Housemasters - Teachers who are designated as assistant principals or housemasters shall be paid 50 percent of the principal's allowance.

9.3 Curriculum Coordinators and Department Heads

Assistant Curriculum Coordinator and Assistant Department Heads

9.4 Teacher Consultants

9.5 Work Experience Coordinator

Teachers in the following positions shall work a 12-month year with six weeks vacation and receive the following annual salaries.

10.1 Directors receive a salary equal to the maximum principal allowance provided for in clause 9.1 plus the maximum salary for six years provided for in the salary grid in clause 5.1.

10.2 Supervisors receive a salary equal to 90 percent of the a director's salary.

10.3 Staff Consultants receive a salary equal to 90 percent of a supervisor's salary.

10.4 Program Coordinators receive a salary equal to a maximum assistant principal's allowance plus the maximum salary provided for on salary grid in clause 5.1.

11.1 Teachers Assigned to Multiple Locations

A teacher whose assignment requires travel between buildings separated by at least one kilometre shall be paid an annual allowance as follows, effective on the dates indicated:

11.2 Teachers at Metro Community College

A teacher employed on an hourly basis to provide instruction in credit courses at the Board's night school and summer school shall be paid at a rate inclusive of general holiday and vacation pay of:

A teacher who was assigned on or prior to September 1, 1970 to instruct a class designated by the superintendent of schools as a special class shall continue to be paid an annual allowance of $384 as long as the teacher is so employed. This clause shall be deleted by mutual consent only after the district and the local are satisfied that there are no teachers eligible for payment under this clause.

12. Group Insurance

12.1 Participation in group insurance plans shall be a condition of employment of all new appointees.

12.2 Notwithstanding clause 12.1, the requirement to participate in either Alberta Health Care, extended health care, dental care or vision/hearing aid plan insurance, as a condition of employment, shall be waived for those employees who already have such group insurance coverage as dependents of their spouses and who therefore elect not to participate. Further, employees with no dependents other than spouses may elect to take single coverage in any of Alberta Health Care, extended health care, dental care or vision/hearing aid plan insurance plans if their spouses have single coverage in the same or comparable plans.

12.3 The Board's contribution to group insurance premiums for teachers employed by the Board shall be at the rate stipulated in the following table:

Alberta Health Care Insurance Effective September 1, 2001	100%
Alberta School Employee Benefit Plan
Life and AD&D (Plan 2A) Effective September 1, 2001	100%
Extended Disability (Plan D) Effective September 1, 2001 the Board contribution is Effective September 1, 2002 the Board contribution is	70% 80%
Extended Health Care (Plan 2) Effective September 1, 2001	100%

12.5 A teacher who suffers personal injury arising out of and in the course of employment and who incurs medical expenses not covered in group insurance plans sponsored by the Board or covered by other government agencies shall be entitled to reimbursement for such reasonable expenses upon presentation of receipt for bills paid. Notwithstanding the above, the Board shall not be liable for payment of costs beyond the period of one year from the date of the accident that caused the injury.

13. Teacher Assignment

13.1 Teachers have the right to assist in determining the grouping of students for instructional purposes and in determining instructional duties and other duties in accordance with Board policies and the terms of this agreement. It is the responsibility of each teacher to provide such instruction and perform such duties as assigned by the principal.

13.2 A teacher will not be assigned duties in excess of 1,800 minutes per week. Assignable time will provide for instruction, supervision of students and professional activities such as inservice sessions, staff meetings, committee work and parent/teacher conferences.

Parent/teacher conferences, unless otherwise agreed to by the teacher, will be scheduled on operational days, excluding Fridays, in a way that will:

(a) recognize the teacher's total workload, including assigned duties and other professional responsibilities,
(b) accommodate the reasonable requests of parents, and
(c) provide a reasonable work day for teachers.

13.3 Deleted - prohibited under Bill 12.

13.4 The instruction of a single junior high school class in a given course by two or more teachers will occur only with the concurrence of the teachers involved.

13.5 A teacher who believes that the instructional groupings or assigned duties are unreasonable may request a review by the superintendent of schools. In such a case, the superintendent of schools shall promptly cause an investigation to be made and on the basis of such investigation, shall promptly determine whether or not the assignment is reasonable. The reasons for the determination shall be promptly provided in writing to the teacher.

13.6 A teacher who is transferred from one school to another at the initiative of the Board shall be given reasons in writing.

14. Time for Administration and Supervision

14.1 Principals, assistant principals and other administrative personnel in each school shall be allowed such time for administration and supervision as the superintendent of schools may determine but not less than the following schedules:

14.2 Elementary Schools

14.3 Elementary/Junior High Schools

14.4 Senior High Schools

The principals shall be granted full time for supervision and administration but may elect to teach for a portion of their administrative time. In addition, there shall be granted to each school, supervision and administration time for assistant principals or housemasters in accordance with the following table:

14.6 For the purpose of determining the number of classrooms in a school, industrial arts and home economics classrooms shall be counted as classrooms.

15. Administrative Absences

15.1 In the event that any incumbent of an administrative position in a school is absent from duty for a period in excess of five consecutive teaching days, another administrator, supervisor or teacher shall assume the responsibility and be paid the allowance of the administrative position the teacher temporarily occupies, commencing with the sixth day. When an assistant principal or housemaster assumes the responsibility of the principal in the same school in accordance with the above procedure, another teacher shall immediately assume the responsibilities and be paid the allowance of the assistant principal or housemaster.

15.2 In a school where there is no assistant principal or housemaster, a teacher shall be named to carry out administrative duties during any absence of the principal.

The principal may, for the school year, designate up to two teachers who are not in receipt of any other allowances to serve for the school year as surrogate principal during the principal's absence. There shall be a surrogate principal's annual allowance of $912 effective September 1, 2000 which will be shared by the designees.

15.3 Payments under this clause will be made annually by the last banking day of June.

16. Staffing

16.1 Both parties to the collective agreement recognize the Board's responsibility to determine the staffing pattern for the system.

16.2 It is also agreed that, to provide an effective educational program, a degree of flexibility to the assignment of the basic classroom staff is required. The amount of flexibility will reflect the financial resources available and the needs of individual schools.

16.3 In the event that a reduction in teaching staff is necessary as a result of declining enrolment, the Board favors the principle of natural attrition to effect this reduction.

17. Personnel Files

17.1 Teachers shall, upon request, be given access to the contents of their personnel file.

17.2 The Board shall provide to the Association a list of teachers covered by this agreement identifying name, location, FTE, position and teaching certificate number. This shall be provided in electronic format on November 15 and April 15 of each year.

18. Leaves of Absence

18.1 General Leaves of Absence

18.1.1 Reasonable requests for leave and for extensions to a leave will be granted by the superintendent of schools, having regard to all of the circumstances and the interests of the school and district. Such leaves and extensions may be for any purpose, including those purposes dealt with elsewhere in this agreement.

18.1.2 Leave granted under clause 18.1.1 will be:

(a) with salary and benefits, or
(b) with salary and benefits less the rate of pay of a substitute teacher whether or not a substitute teacher is required, or
(c) without salary but with benefits, or
(d) without salary or benefits.

18.1.3 Upon return to regular duty, the teacher may be required by the superintendent of schools to furnish evidence of compliance with the terms of the agreement under which the leave was granted. Failure to provide this information shall entitle the Board to be reimbursed for the salary or allowance paid.

18.1.4 (a) A teacher granted a leave of absence for a school year under clause 18.1.1 will, by March 15 of that year, notify the superintendent of schools of the teacher's intentions for the following school year.
(b) A teacher who does not respond by that date will be sent a letter by registered mail to an address agreed upon by the teacher and the Board at the commencement of the leave indicating that the teacher must, within 60 days of the date the letter is mailed, advise the superintendent of schools whether or not the teacher will be returning to duty at the beginning of the following school year. Copies of the registered letters will be sent forthwith to the Local.
(c) If a teacher does not respond within the 60 day limit, that teacher's contract of employment will be deemed to be terminated by mutual consent.

18.2 Sick Leave

18.2.1 Sick leave with salary and benefits will be granted to a teacher for the purpose of obtaining necessary medical or dental treatment or because of medical disability.

18.2.2 A teacher on interim or probationary contract shall be provided 20 working days of sick leave entitlement.

A teacher employed on a temporary contract shall have such sick leave entitlement equivalent to the number of days taught in the school year divided by nine.

18.2.3 A teacher on continuing contract shall be provided 90 calendar days of sick leave entitlement.

18.2.4 After 90 calendar days of continuous absence due to medical disability, no further salary or benefits will be paid except for the following circumstances:

(a) A teacher in receipt of payment under extended disability insurance shall be entitled to the Board portion of insurance premiums.
(b) A teacher who no longer qualifies for extended disability insurance and is unable to resume his or her duties due to medical disability shall be entitled to the Board portion of insurance premiums for a period of 90 calendar days following the termination of extended disability insurance payments.

18.2.5 A teacher who has been absent for the above reasons and returns to regular duties shall have the 90 calendar day sick leave entitlement reinstated. However, in instances where the teacher has been continuously absent for a period of 60 or more calendar days, reinstatement of the sick leave entitlement may, at the discretion of the Board, be made contingent on the teacher providing a medical certificate, signed by a medical practitioner, prior to the date of return, verifying that the teacher is able to return to work on a continuing basis.

18.2.6 In order to qualify for payment of sick leave:

(a) when the sick leave is for a period of three days or less, a teacher shall provide, on a form to be supplied by the Board, a declaration as to the reason for the absence under clause 18.2, or
(b) when the sick leave is for a period in excess of three consecutive teaching days, a teacher shall provide, upon the request of the superintendent of schools, a certificate signed by a medical practitioner indicating that the absence was necessitated by medical disability.

18.2.7 The Board shall be entitled to require of a teacher a medical examination by a medical practitioner or dentist selected by the Board. Such an examination, where practical, will occur on an operational day. The Board shall ensure that the medical practitioner or dentist is requested to provide a copy of any resultant report to the teacher.

18.2.8 The employees covered by this collective agreement waive any claims to rebates under the provisions of the Employment Insurance Act.

18.2.9 Teachers unable to carry on their duties on account of illness or any other cause shall give at least one hour notice to personnel services before school assembles so that substitute teachers may be obtained. Before returning to duty, the absentee teacher shall also notify personnel services of such intended return. If returning for the morning session, the notification must be given at least one hour before school opening and for the afternoon session, two hours before classes assemble. Failure to observe this regulation will result in the loss to the teacher of 1/2 day's rate of pay of a substitute teacher if a substitute teacher is provided. The superintendent of schools may, after investigating the circumstances, waive the charging of the rate of pay of a substitute teacher.

18.2.10 If a teacher is medically prevented from performing regular work with the Board as a result of an accident that is recognized by the Workers' Compensation Board (WCB), clause 18.2.1 will no longer apply. The teacher will assign the WCB award for loss of wages to the Board and the Board will reduce the salary to 85 percent of the teacher's gross regular salary at the time of the accident.

18.2.11 Clause 18.2.10 shall no longer apply after any of the following:

(a) retirement of the teacher,
(b) certification by WCB that the teacher is able to return to work,
(c) the award of a permanent allowance for either a total or partial disability,
(d) the recall of a teacher by the WCB for further treatment of injuries suffered before being employed by the Board,
(e) 90 consecutive calendar days of absence.

18.3 Family Illness and Bereavement Leave

18.3.1 Leave necessitated by the critical illness or death of a spouse, child, parent, brother, sister, parent of spouse, son-in-law, daughter-in-law or a member of the employee's household, shall be granted by the superintendent of schools with salary and benefits:

(a) up to and including seven consecutive calendar days for critical illness;
(b) up to and including seven consecutive calendar days for death; or
(c) up to and including 12 consecutive calendar days for combined critical illness and death.

18.3.2 Leave granted under clause 18.3.1 (a) will terminate in the event of death of the relative and the teacher will then be eligible for leave under clause 18.3.1 (b). Leaves referred to in clauses 18.3.1 (a), (b) and (c) must be taken during the time of the actual occurrence of the critical illness or death.

18.3.3 Before payment is made for leave under clause 18.3.1 (a), the superintendent of schools may require a medical certificate stating that critical illness was the reason for the absence.

18.3.4 Leave up to one day necessitated by the death of an individual other than those referred to in clause 18.3.1 shall be granted with salary and benefits.

18.3.5 Leave with pay and benefits up to three days per school year necessitated to attend to the medical needs of a parent or a member of the employee's household may be granted by the superintendent of schools.

18.4 Private Business Leave

Leaves of absence for private business may be granted by the superintendent of schools, having due regard to all the circumstances and the interests of a school and/or the school system, for up to two days per school year. Leave granted shall be with salary and benefits less the rate of pay of a substitute teacher. Requests for leave which would extend the Christmas, spring recess, summer vacation period or other natural breaks may not be granted under this clause. Notwithstanding the foregoing, a teacher shall be permitted to accumulate and use any unused days up to a maximum of three days.

19. Other Leaves of Absence

19.1 A teacher who is appointed to the interpretations committee under clause 25.1 step four shall be granted leave with salary and benefits for the purpose of attending such committee meetings.

19.2 A teacher who is elected to the ATA Local teachers' negotiating subcommittee shall be granted leave with salary and benefits, less the cost of a substitute teacher, for the purpose of meeting with the Board representatives to negotiate a collective agreement. The rate of pay of the substitute teacher shall be paid by the Local.

19.3 A teacher elected to represent the Local at the annual meeting of the Association shall be granted leave of absence with salary and benefits for the purpose of attending such a meeting. The rate of pay of a substitute teacher, whether required or not, will be paid by the Association.

19.4 Teachers who are elected or who are appointed by the executive to serve on committees of Local 37 ATA may be granted leave of absence with salary and benefits at the request of the Local. If such leave is granted, the Local will pay the rate of pay of a substitute teacher, whether or not a substitute teacher is required.

19.5 At the request of the Local, a teacher who is elected to the office of president of Local 37 ATA shall be granted leave of absence on a scheduled basis, up to a maximum of full-time, for the school year(s) during which the office is held. During such scheduled leave of absence, the president shall receive all the entitlements accorded to a continuing full-time employee and the Local shall pay a prorated portion of Board cost which reflects the amount of release time provided.

19.6 In the event a teacher resigns designation to accept an elected position in the Association, the teacher shall, at the beginning of the school year following service in that capacity, be redesignated to a position no less favorable than the one that the teacher left. This provision shall apply for a maximum two year period but may be extended at Board discretion.

19.7 Leave of absence without loss of salary and benefits shall be granted

(a) for jury duty or any summons related thereto, or
(b) to answer a subpoena or summons to attend any court proceeding as a witness in a cause other than the teacher's own. The teacher shall reimburse the Board an equivalent amount of any witness fee or jury stipend set by the court.

19.8 A teacher who is granted leave in accordance with a deferred salary leave plan approved by the Board, shall upon return to duties, be entitled to return to the school to which the teacher was assigned when the leave commenced, on the same basis as continuing members of that staff.

Notwithstanding the above, a teacher, in receipt of an allowance under clauses 8, 9 and 10 for designations which continue from year to year, who is granted a leave in accordance with a deferred salary leave plan approved by the Board, shall be granted such leave from designation but not from location.

20. Maternity/Parenting Leaves and Benefits

20.1 Maternity/Parenting Leave

20.1.1 In clauses 20.1 and 20.2

(a) "Maternity Supplement" means the Board's supplement paid to a teacher on a continuing contract who is not working for reasons of pregnancy or maternity and shall be equal to the difference between the teacher's regular earnings and the employment insurance benefits to which the teacher is entitled; and
(b) "Eligibility Period" means the period of eligibility prescribed for maternity benefits in the regulations under the Employment Insurance Act.

20.1.2 A teacher with one year of service shall be granted maternity leave in accordance with clauses 20.1.3 to 20.1.8.

20.1.3 Maternity leave shall be for a minimum of 15 weeks. Maternity leave combined with parental leave shall be for a maximum of 52 weeks. The first 20 weeks of the combined leave shall be with benefits but without salary. After the 20-week period, the leave shall be without salary or Board contributions to benefits.

20.1.4 The teacher shall notify the Board in writing of the commencement date of maternity leave six weeks prior to the commencement date. Where possible, the teacher should notify the Board three months prior to the commencement date. The teacher shall furnish the Board with a statement from a physician indicating the estimated date of delivery.

20.1.5 Maternity leave shall commence at the discretion of the teacher at any time prior to and including the delivery date.

20.1.6 The teacher may terminate the combined maternity/parenting leave with a four week prior notice, in writing, at any time during the combined maternity/parenting leave period.

20.1.7 Upon completion of maternity/parenting leave, the teacher shall be assigned to the same school to which she was assigned at the commencement of the leave on the same basis as continuing members of that staff.

20.1.8 The teacher shall, upon written request submitted not less than four weeks prior to the expiry date of the combined maternity/parenting leave, be granted leave in accordance with clause 18.1.2 (d) to a natural break in the school year, the end of the school year in which the leave commenced, to a natural break in the next school year or the end of that school year.

20.2 Maternity Benefits

20.2.1 A teacher shall be granted maternity benefits in accordance with 20.2.2 to 20.2.4.

20.2.2 A teacher who is medically disabled due to pregnancy is entitled to access sick leave benefits as per clause 18.2 until the birth of the child.

20.2.3 A maternity supplement will be paid in any of the following circumstances.

(a) When a teacher commences a voluntary leave prior to being medically disabled, and is in receipt of employment insurance benefits, and chooses to continue her employment insurance benefits during the period of medical disability prior to the birth, the maternity supplement will be paid in lieu of sick leave benefits.
(b) During the eligibility period, for a period of six weeks commencing with the birth of the child the maternity supplement will be paid.
(c) Subject to the restrictions of clause 18.2, for the portion of such disability beyond the six weeks following the birth of the child, the maternity supplement will be paid.

20.2.4 No further sick leave or maternity supplement shall be paid following the 90-day period of qualification for extended disability benefits.

21. Adoption/Second Parent Leave

21.1 A teacher with one year of service shall be granted leave in accordance with clauses 21.2 to 21.6.

21.2 Adoption leave, which shall be available to one parent at a time, for a maximum of 37 weeks, without salary but with benefits for the first 20 weeks, shall commence at the discretion of the teacher at any time prior to and including the date of the arrival of the adopted child, provided that the teacher supplies the Board with proof of the impending adoption. If shared, the second parent will provide four weeks written notice to commence the leave.

21.3 Second parent leave, which shall be available to one parent at a time, for a maximum of 37 weeks, without salary or benefits, shall commence at the discretion of the teacher at any time prior to and including the date of the arrival of child, provided that the teacher supplies the Board with proof. If shared, the second parent will provide four weeks notice to commence the leave.

21.4 The teacher may terminate the leave, with four weeks notice at any time during the 37-week leave period.

21.5 Following the adoption leave, the teacher shall, upon request, be granted leave in accordance with clause 18.1.2 (d) to a natural break in the school year, the end of the school year in which the leave commenced, to a natural break in the next school year or at the end of that school year.

21.6 Upon completion of the leave granted under clause 21.1 and 21.2, the teacher will be assigned to the school to which the teacher was assigned at the commencement of the leave, on the same basis as continuing members of that staff.

22. Leave for Arrival of a Child

22.1 A teacher may be granted three days of leave with salary and benefits on the occasion of the birth of his child.

22.2 A teacher may be granted three days of leave with salary and benefits on the occasion of the arrival of an adopted child if the teacher has not taken leave under clause 21.

23. Professional Improvement

23.1 Teachers may apply and be considered for support under both clauses 23.2 and 23.6.

23.2 Leave for professional improvement may be granted for a school year or portion thereof, upon application, to a teacher:

(a) with three or more years of service with this Board, without one experience increment but without salary or benefits,
(b) with five or more years of service with this Board, with one experience increment, benefits and an annual allowance, calculated at the time the leave commences, that is equal to step 1 on the grid for category of teacher education.
(c) with 7 or more years of service with this Board, with one experience increment, benefits and an annual allowance, calculated at the time the leave commences, which is the greater of 2/3 of total salary or the minimum total salary for category of teacher education,

The distribution of such leaves will not exceed 1/2 of one percent of the teaching staff in respect to any one of the categories.

23.3 The annual allowance or prorated portion thereof will be paid in equal monthly instalments over the period of the leave commencing on the last day of the first full calendar month of the leave or at the teacher's request, another mutually agreed upon arrangement between the teacher and the Board.

23.4 Not more than one experience increment can be credited while on leave or extended leave.

23.5 Teachers granted leave under clauses 23.2(b) or 23.2(c) shall:

(a) if the teachers are not in receipt of an allowance under clauses 8, 9 and 10 of this agreement, be considered during the period of leave as continuing members of the schools to which they were assigned when the leave was granted, or
(b) if the teachers are in receipt of an allowance under clauses 8, 9 and 10 for designations which continue from year to year, be granted such leaves from designation but not location.

23.6 Tuition support for professional improvement may be granted, upon application, to a teacher on continuing contract and with 2 or more years of service with this Board.

23.7 The Board will, after reviewing the foregoing applications for leave and tuition support, determine both the number and the persons to be granted leave and tuition support after considering the seniority of each applicant and the interests of the school system, but having due regard to the Board's undertaking to permit leaves to a maximum of 3/4 of one percent of the annual grid cost, calculated as of the preceding November 30. No more than 30 percent of the annual amount approved by the Board shall be used for tuition support.

23.8 Two months prior to the deadline for receipt of applications for leaves for professional improvement and tuition support, the selection criteria and procedures will be published and distributed to the staff. Subsequent selection shall be made in accordance with such criteria. From time to time the Board may, in consultation with the local, adjust the two-month requirement for publication and distribution.

23.9 In addition to professional improvement leave and tuition support provided under foregoing clauses, schools and decision units may finance the costs of short term professional improvement activities for individual teachers. These costs may include travel and living allowances and the cost of substitute teachers so that individual teachers can participate in conferences, seminars and visits to other educational jurisdictions without loss of salary.

23.10 Each school may be granted a maximum of two professional development days per school year for such activities as local professional development, inservice program planning and budgeting.

24. Liaison Committee

The liaison committee is intended to serve as a means of communication outside the context of collective bargaining.

25. Grievance Procedure

25.1 Any difference between any employee covered by this agreement and the Board, or a dispute between Edmonton Public Teachers Local 37 ATA and the Board concerning the interpretation, operation or alleged violation of this agreement shall be dealt with as follows:

Step One--Such difference, hereinafter called a "grievance", shall be submitted in writing within 30 days of the discovery of the difference to the superintendent of schools and to the executive secretary of Edmonton Public Teachers Local 37 ATA. Such grievance shall set out the nature of the grievance, the clauses of this agreement which allegedly have been violated and the remedy being sought.

Step Two--The superintendent of schools will review the grievance and within 15 days shall render a decision in writing to the grievor and the office of the Local.

Step Three--In the event that the decision of the superintendent of schools fails to satisfy the grievance, the secretary of the Local shall within five days thereafter give written notice to the Board secretary requesting consideration of the grievance by the interpretations committee.

Step Four--The interpretations committee shall be composed of two representatives of the Board and two representatives of the Local. A quorum of this committee shall consist of all members.

It shall be the duty of this committee to meet and endeavor to resolve all grievances concerning the interpretation, application, operation or alleged violation of this agreement.

The interpretations committee shall be required to give its decision within 21 days following the receipt of such notice and shall dispose of each grievance before proceeding to another, except where, by unanimous consent of the interpretations committee, the hearing of such grievance is adjourned for the purpose of obtaining further information.

If the committee reaches a unanimous decision as to the disposition of any grievance, that decision shall be final and binding.

Step Five--If the committee does not reach a unanimous decision, the grievance shall be deemed withdrawn unless the grieving party, within 10 days of the committee's decision, serves the other party with written notice requesting the establishment of an arbitration board.

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

If the two members fail to select a chairperson within five days after the date on which the last of the two members is appointed, they shall request the Director of Mediation Services to select a chairperson.

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

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 subject matter not covered by, or arising during the term of this agreement.

The arbitration board shall give its decision within a reasonable time after the appointment of the chairperson. A decision of a majority of the members of the arbitration board shall govern but, if there is no majority decision, the decision of the chairperson shall be the decision of the arbitration board. In either situation, the decision is binding on both parties.

Each party to arbitration shall bear the expense of its respective nominee and the two parties shall bear equally the expenses of the chairperson.

25.2 Reference to days in this clause shall be exclusive of Saturdays, Sundays, summer break and other school holidays.

25.3 By mutual agreement between the Board and the Local, any of the dates contained in this clause may be extended but, in the absence of mutual agreement, failure by the grieving party to comply with any of the time restrictions will mean that the grievance is lost.

26. Subrogation

26.1 (a) Cost of Absence means the total remuneration paid by the Board during a period when the teacher was absent from work.
(b) Interest means interest calculated in accordance with the provisions of the Alberta Judgement Interest Act, SA 1984, c.J-0.5 and amendments and regulations thereto.
(c) Judgement or Settlement means an order of a court of competent jurisdiction or an agreement whereby the teacher agrees to accept any sum of money representing past or future loss of remuneration, either by lump sum, periodic payment(s), or through the purchase of an annuity, or any of them.
(d) Remuneration means the salary, allowances, benefit premiums and other monies paid to or in respect of the teacher by the Board
(e) Teacher means a teacher in respect of whom the Board has incurred a cost of absence and includes the teacher's personal representative, trustee, guardian or the estate of the deceased teacher.

26.2 In the event that the Board incurs a cost of absence as a result of an act or omission of a third party, the Board is subrogated to any right of recovery of the teacher from the third party in the amount of the cost of absence and without restricting the generality of the foregoing, the following provisions apply:

(a) the teacher shall advise the Board in advance of the teacher's intention to initiate any claim in which an act or omission of a third party has resulted in the Board incurring a cost of absence;
(b) the teacher shall upon request by the Board include the cost of absence, as calculated by the Board, in the teacher's claim;
(c) the Board shall have the right (but not the obligation) to maintain an action in the name of the teacher and engage a solicitor (including the teacher's solicitor) to recover the cost of absence;
(d) the teacher agrees to cooperate with the Board and to provide, at the Board's expense, all loss of income records, transcripts, loss of income reports and information with respect to the calculation or allocation of damages and attend examinations for discovery or assist as a witness where required;
(e) the teacher will not settle his/her claim without the prior written consent of the Board as to the amount of the cost of absence to be recovered by the Board;
(f) upon resolution of the amount of the cost of absence payable to the Board, the Board may, upon default of payment by the teacher following demand by the Board offset the agreed upon amount of the cost of absence payable to the teacher by the Board;
(g) the teacher shall not release any third party from the cost of absence without the consent of the Board; and
(h) the Board's consent to settlement shall not be unreasonably withheld.

26.3 When as a result of judgement or settlement with the consent of the Board, the teacher recovers a sum equal to all of the cost of absence, the teacher shall, as of the date of settlement or judgment, pay the full cost of absence recovered to the Board plus interest, less a proportionate share of legal fees payable thereon by the teacher to his/her solicitor with respect to such recovery.

26.4 When as a result of a judgement or settlement with the consent of the Board, the teacher recovers a sum equal to a portion of the cost of absence, the teacher shall as of the date of settlement or judgment, pay to the Board, the amount of the cost of absence recovered plus interest, less a proportionate share of legal fees payable thereon by the teacher to his/her solicitor with respect to such recovery.

26.5 The teacher will upon request by the Board execute such documents and agreements as may be required or deemed desirable by the Board to give effect to the provisions of this clause 26.

26.6 In exercising any of its rights under clause 26., the Board shall have due regard for the interests of the teacher.

LETTER OF INTENT: Extracurricular Activities

With respect to clause 13 of the collective agreement:

The Board recognizes and values the many volunteer hours that teachers commit to school-related activities beyond their instructional assignments. The parties recognize that teachers make this commitment voluntarily in a spirit of professionalism, and with the desire to contribute to students, families and the life of the school community.

With respect to the 400 minutes per week of assignable time provided for in clause 13.2, this will be assigned in a reasonable manner for the kinds of activities specified. Teachers will not be assigned duties on week-ends, holidays or unusual hours.

LETTER OF INTENT: Framework for Site-Based Decision Making

The two parties agree to continue cooperative efforts to implement the Framework for Involvement in the Site-Based Decision Making.

LETTER OF INTENT: The District, in consultation with the local, will develop guidelines for classroom safety of students in science and CTS laboratories. The local will also be consulted regarding the process to be used in developing the guidelines.

Award Issued by Arbitration Tribunal 2002 06 27.