The Alberta Teachers’ Association

Pursuant to the current School Act and the current Labour Relations Code of the Province of Alberta, the following collective agreement is made between:

The Board of Trustees of the Elk Island Catholic Separate Regional Division No 41, herein called the "Board" and the Alberta Teachers' Association, herein called the "Association."

The Board recognizes the Association as the sole bargaining agent acting on behalf of the teachers employed by the Board.

As partners, the Board and its teachers are committed to the development of the quality educational opportunities for students in the context of Gospel values. The Board and its teachers acknowledge that this commitment will be realized when effective communications and a relationship based on mutual trust exist between the partners.

ARTICLE 1 - APPLICATION

1.1 This agreement shall apply to all teachers employed by the Board pursuant to the current School Act , except those designated as:

(a) superintendent

(b) deputy or assistant superintendent

(c) director.

ARTICLE 2 - MEMBERSHIP IN THE ASSOCIATION

2.1 All teachers employed by the Board shall be members of the Association.

ARTICLE 3 - MANAGEMENT RIGHTS

3.1 The Board retains management rights not specifically limited by the terms of this agreement. These rights will be exercised in a fair and reasonable manner consistent with the mission statement, values and beliefs of the division.

ARTICLE 4 - TERM OF AGREEMENT

4.1 Except where otherwise specified, this agreement shall take effect on September 1, 1998 and shall remain in full force and effect until August 31, 2000. If negotiations between the parties for renewal of a new collective agreement have been commenced as hereafter provided and have not been concluded by August 31, 2000, this agreement shall continue in full force and effect until bargaining procedures under the current Labour Relations Code have been completed.

ARTICLE 5 - COMMENCEMENT OF COLLECTIVE BARGAINING

5.1 Not less than 60 days and not more than 240 days preceding the expiry of the term of the collective agreement either party may, by notice in writing, require the other party to commence collective bargaining.

5.2 The first meeting for collective bargaining will be used to establish the bargaining process. As a first preference, the Board and the Association are committed to carry out the bargaining process in an interest-based approach.

5.3 In the course of bargaining, should one of the parties decide to move from interest-based bargaining to traditional bargaining, that party shall notify the other party of this decision in writing. Within 15 days following notification, both parties shall convert unresolved issues to positions which shall exchanged at the next scheduled meeting.

ARTICLE 6 - SALARY SCHEDULE

6.1 Within 60 calendar days of commencement of employment, a teacher shall submit to the Board:

(a) proof of having obtained an interim or permanent Alberta teaching certificate if the teacher was trained in Alberta, or

(b) a statement from Alberta Education certifying the teacher's eligibility to teach in Alberta under a type of certificate to which the teacher is entitled.

6.2 Unless otherwise stated all salaries and allowances in this agreement are based on the regular school year. A regular school year is the period from the established opening date some time after August 1 and closing not more than 200 teaching days after that opening date.

The school opening date will be chosen to allow:

(a) teachers to complete summer school programs and

(b) for the lengths of the semesters to be approximately equal.

6.3 For the purpose of this agreement, a full-time teacher shall be deemed to have taught pupils upon all days authorized in section 78(1) of the current School Act . A regular part-time teacher whose assignment is half-time or greater than half-time shall have the same entitlements as full-time teachers, subject to the conditions set out in clause 10.2.

6.4 The years of university education of a teacher and the years of teaching experience computed as hereinafter provided shall together determine the basic rate for each teacher employed by the Board.

6.5 Salary shall be paid in monthly installments by direct deposit on the second last banking day (not including Saturday or Sunday) of each month except for December which shall be the second last banking day prior to the school Christmas break. Payment for July and August shall be made as per Board policy.

6.6 Teacher Salary Grid

For the period September 1, 1998 to August 31, 1999

			Three	Four	Five	Six
0				33,078	35,036	37,235
1				35,127	37,093	39,293
2				37,177	39,150	41,352
3				39,226	41,207	43,410
4				41,275	43,264	45,468
5				43,325	45,321	47,526
6				45,374	47,378	49,585
7				47,424	49,435	51,643
8				49,473	51,492	53,701
9				51,522	53,549	55,759
10				53,572	55,606	57,818
11			42,342	55,621	57,663	59,876

For the period September 1, 1999 to August 31, 2000

			Three	Four	Five	Six
0				34,070	36,087	38,352
1				36,181	38,206	40,472
2				38,292	40,325	42,592
3				40,403	42,443	44,712
4				42,514	44,562	46,832
5				44,625	46,681	48,952
6				46,735	48,799	51,072
7				48,846	50,918	53,192
8				50,957	53,037	55,312
9				53,068	55,155	57,432
10				55,179	57,274	59,552
11			43,612	57,290	59,393	61,672

6.7 Teachers hired with less than four years of recognized university education, as determined under clause 8, shall be paid at four years of university education according to their recognized teaching experience, as determined under clause 7, to a maximum of the amount at the grid position of three years of university education and 11 years of teaching experience.


6.8 In addition to a teacher's grid placement, a teacher designated as a coordinator shall receive an annual allowance of $2,435 for the period September 1, 1998 to August 31, 1999 and an annual allowance of $2,508 for the period September 1, 1999 to August 31, 2000.

6.9 A teacher who is required to render service during recognized holiday periods at the request and with written approval of the Board, shall receive 1/200 of that teacher's annual salary for each day of work.

ARTICLE 7 - EXPERIENCE INCREMENTS

7.1 A year of teaching experience shall be any one school year during which a teacher has taught for not less than 125 full days.

7.2 A full increment will be given if 110 full days are earned during two consecutive school years prior to November 1, 1996. A full increment will be given if 125 full days are earned during two consecutive school years, starting November 1, 1996.

7.3 The adjustment date for changes in the number of years allowed for teaching experience shall be at the commencement of the school year or on February 1.

7.4 When a year of teaching experience has been earned, the teacher shall not begin to earn credit towards another year until the commencement of another school year or February 1, whichever occurs first. Notwithstanding the above, only one experience increment may be gained during any 12 month period.

7.5 A teacher who contracts to teach less than the full year shall be paid an annual salary equal to k/200 times the annual salary that the teacher would receive if employed for the whole year, where k is the number of days taught.

7.6 No teacher shall receive increments for experience gained while the teacher was not holding a valid teaching certificate or letter of authority.

7.7 Proof of previous experience or proof of having applied for documentation of previous experience must be submitted to the Board within 45 calendar days from the commencement of employment. If such documentation is not submitted within the 45 calendar days, salary shall be adjusted effective the beginning of the month following submission of the documentation. The interm salary shall be the salary of the grid position at four years of university education and no years teaching experience.

ARTICLE 8 - EDUCATION INCREMENTS

8.1 Evaluation of a teacher's university education shall be determined by the Alberta Teachers' Association Teacher Qualifications Service.

8.2 A teacher commencing employment with the Board shall supply to the Board proof of education entitlement or proof of application for education entitlement from the Alberta Teachers' Association Teacher Qualifications Service within 45 calendar days of the commencement of employment. If such proof is not submitted within the 45 calendar days, salary shall be adjusted effective the beginning of the month following submission of the documentation. The interm salary shall be for the grid position of four years of university education at that teachers experience level.

8.3 A teacher claiming additional education entitlement shall supply the Board proof of such entitlement or proof of application for such entitlement from the Alberta Teachers' Association Teacher Qualifications Service within 45 calendar days of the first day of school or February 1, whichever is applicable. If such proof is not submitted within the 45 calendar days, salary shall be adjusted effective the beginning of the month following submission of the documentation.

8.4 Notwithstanding the foregoing, the Board reserves the right to pay extra for approved religious education.

8.5 At the end of the first pay period of each school year and based upon documentation available to the Board at that time, the Board shall issue each teacher with a statement of the teacher's years of university education, years of teaching experience and full-time equivalency as used to determine salary and a list of that teacher's benefit entitlements. The Board will not in any one year pay for increments under any clause of the agreement which should have been claimed in the previous year.

ARTICLE 9 - ADMINISTRATIVE ALLOWANCES

9.1 Principals shall be paid an annual administrative allowance calculated as a base allowance plus a student rate multiplied by the number of students registered in that principal's school on September 30 of that year.

The allowance for the period September 1, 1998 to August 31, 1999 will be:

Number of Students Registered	Base Allowance	Student Rate
100 to 199	7,933	22.20/student over 100
200 to 299	10,153	17.03/student over 200
300 to 399	11,856	13.02/student over 300
400 to 499	13,158	12.19/student over 400
500 to 599	14,377	10.97/student over 500
600 to 699	15,474	11.66/student over 600
700 to 799	16,640	18.22/student over 700
800 to 899	18,462

Number of Students Registered	Base Allowance	Student Rate
100 to 199	8,170.99	22.87/student over 100
200 to 299	10,457.59	17.54/student over 200
300 to 399	12,211.68	13.41/student over 300
400 to 499	13,552,74	12.56/student over 400
500 to 599	14,808.31	11.30/student over 500
600 to 699	15,938.22	12.01/student over 600
700 to 799	17,139.20	18.77/student over 700
800 to 899	19,015.86

9.3 In the case of an extended absence of a principal, the Board may, by motion, designate a teacher as acting principal, who shall receive an administrative allowance according to clause 9.1 of the collective agreement for the period of the absence.

9.4 In addition to a teacher's grid placement, a teacher designated as a consultant shall receive an annual allowance of $5,790 for the period September 1, 1998 to August 31, 1999 and an annual allowance of $5,964 for the period September 1, 199 to August 31, 2000.

ARTICLE 10 - PART-TIME TEACHERS

10.1 A part-time teacher is a teacher who is employed with the Board for part of each school week.

10.2 Since a full-time teacher may be assigned class instruction and class supervision duties up to 93.3 percent for grades one to nine and 87.5 for grades 10 to 12 of the total instructional time for a student in a school year as stipulated by Alberta Education, then a part-time teacher shall be paid an annual salary equal to the salary the teacher would have received had the teacher been employed on a full-time basis multiplied by the factor x/y where x is the time the teacher instructs or supervises classes during the school year and y is:

(a) 93.3 percent of the total instructional time for grades one to nine in that school year at the school to which that teacher is assigned and

(b) 87.5 percent of the total instructional time for grades 10 to 12 in that school year at the school to which that teacher is assigned.

ARTICLE 11 - SUBSTITUTE TEACHERS

11.1 A substitute teacher is a teacher who teaches full or part-time in place of a teacher who is under contract by the Board.

11.2 For a full day of substitution at one location, a substitute teacher shall receive a salary of $123.09 for the period of September 1, 1998 to August 31, 1999 and shall receive a salary of $126.78 for the period September 1, 1999 to August 31, 2000.

11.3 For 1/2 day of substitution, a substitute teacher shall receive a salary equal to 60 percent of the salary for a full day of substitution.

11.4 For a full day of substitution at two different locations on the same day, a substitute teacher shall receive a salary equal to 110 percent of the salary for a full day of substitution.

11.5 When a period of teaching service in any one substitution assignment exceeds five consecutive whole teaching days, the teachers's salary shall be calculated in accordance with the teacher's years of training and experience. Such placement to be made effective from the sixth day of service in that position. No substitute teacher shall be paid less that the daily rate.

ARTICLE 12 - GROUP INSURANCE

12.1 Effective the first of the month following ratification of this collective agreement, the Board shall pay 42.2 percent of the premium of Alberta Health Care. Effective September 1, 1999, the Board shall pay 50 percent of the premium of Alberta Health Care.

12.2 Effective the first of the month following ratification of this collective agreement, the Board shall deduct 57.8 percent of the premium for Alberta Health Care from the monthly salary of those teachers enrolled in Alberta Health Care and shall remit that amount to the Alberta Health Care authorities. Effective September 1, 1999, the Board shall deduct 50 percent of the premium for Alberta Health Care from the monthly salary of those teachers enrolled in Alberta Health Care and shall remit that amount to the Alberta Health Care authorities.

12.3 Effective the first of the month following ratification of this collective agreement, the Board shall pay 100 percent of the premium for the Alberta School Employee Benefit Plan, Extended Health Care Benefits, Plan 1.

12.4 Effective the first of the month following ratification of this collective agreement, the Board shall pay 100 percent of the premium for the Alberta School Employee Benefit Plan, Life Insurance and Accidental Death and Dismemberment, Plan 2.

12.5 Effective the first of the month following ratification of this collective agreement, the Board shall pay 100 percent of the premium for the Alberta School Employee Benefit Plan, Extended Disability Benefits, Plan D.

12.6 Effective the first of the month following ratification of this collective agreement, the Board shall pay 100 percent of the premium for the Alberta School Employee Benefit Plan, Dental, Plan 3.

12.7 Effective September 1, 1999, the Board shall pay 50 percent of the premium for the Alberta School Employee Benefit Plan, Vision and Hearing Aid Care, Plan 3, providing ASEBP participation requirements are met and shall deduct 50 percent of the premiums for the monthly salary of those teachers enrolled in the Vision and Hearing Aid Care Plan.

12.8 Coverage under the plans in clauses 12.1, 12.3, 12.6 and 12.7 shall be optional.

12.9 A teacher who becomes eligible for receipt of disability benefits as provided in the Alberta School Employee Benefit Plan, will not be entitled to receive sick pay benefits as provided for elsewhere in this collective agreement.

12.10 The rebate by Revenue Canada relative to employment insurance will be refunded to the Board and such funds shall be applied to the Board's share of employee benefit costs.

ARTICLE 13 - WORKING CONDITIONS

13.1 The teachers recognize the right of the Board to formulate policy; in return, the Board recognizes the right of the teachers to be consulted.

13.2 Three representatives from the working conditions committee and three representatives of the Board shall consider all proposed changes in teachers' working conditions outside of this agreement. The superintendent shall attend as a resource person for both parties if requested by either party.

13.3 The teachers recognize that they have the professional obligation to resolve any issues through normal channels prior to presenting them to the committee as outlined in clause 13.2.

13.4 A coordinator shall be required to provide class instruction or class supervision to a maximum of 75 percent of the total instructional time for a student at that school in that school in that school year.

13.4.1 Notwithstanding the above, if the program of the school requires it, a coordinator may agree to provide instruction beyond this maximum.

ARTICLE 14 - CUMULATIVE SICK LEAVE

14.1 Sick leave, with pay, will be granted to a teacher for the purpose of obtaining necessary medical or dental treatment or because of illness, injury or disability of the teacher.

14.2 A teacher on a continuing contract or a teacher in the third subsequent school year of continuous service with the Board, shall have available sick leave entitlement, with pay and benefits, of 90 consecutive calendar days. This period shall serve as the elimination period for the extended disability benefit plan.

14.3 A teacher who has been absent on sick leave and returns to regular duties shall have the 90 calendar days of sick leave entitlement reinstated.

14.4 A teacher on contract not covered by clause 14.2 shall have available sick leave entitlement, with pay and benefits, of a total of 20 teaching days or the number of teaching days determined by dividing by nine the total number of teaching days that the teacher taught for the Board during the school year, whichever is the lesser number of teaching days. A teacher in the second year of employment with the Board not covered by clause 14.2 shall be entitled to carry forward the unused portion of the sick leave from the previous year.

14.5 If a teacher is absent from school duties to obtain necessary medical or dental treatment or because of illness, injury or disability for a period or periods exceeding the teacher's sick leave credits, the teacher shall be paid the teacher's salary to the extent of the sick leave which stands to the teacher's credit and the teacher's sick leave shall then be reduced accordingly.

14.6 In the event that a teacher is absent on sick leave, the teacher will provide:

(a) a declaration, on a form to be provided by the Board, no later than the last day of the month in which the leave is accessed;

(b) when requested by the Board, prior to return from sick leave, a certificate signed by a qualified medical or dental practitioner where the absence is in excess of three consecutive teaching days, such certificate to be provided no later than the last day of the month in which the teacher returns to work following the leave;

(c) a further medical certificate, if requested by the Board, when the leave extends for a period of more than 30 consecutive calendar days.

14.7 In the event that a teacher who qualifies for sick leave is absent for more than 10 consecutive teaching days, the Board may require the teacher to provide a medical doctor's certificate of fitness to return to work before the teacher is allowed to return to normal teaching duties. The cost, if any, for this certificate of fitness shall be borne by the Board.

14.8 A teacher who may meet the qualifying requirements for extended disability benefits shall apply for such benefits at the teacher's earliest opportunity and shall not be entitled to additional sick leave benefits after 90 consecutive calendar days.

14.9 Teachers on extended disability shall have benefit premiums paid by the Board as specified in this agreement.

14.10 Where a teacher is eligible to receive extended disability benefits and where the teacher has insufficient sick leave to cover the period of time that the teacher must wait prior to receiving benefits under the extended disability plan and where the teacher does not qualify for benefits under the employment insurance legislation, the Board shall provide a payment equivalent to the payment the teacher would have received has the teacher been eligible for employment insurance coverage, to a maximum of 90 calendar days less the number of days accumulated under clause 14.4

14.11 In the case of a teacher returning from extended disability leave, should the teacher suffer from a recurrence of the same disabling condition, the relevant provisions of the Alberta School Employee Benefit Plan will apply immediately. Once approved, the extended disability benefit shall be effective the first day of absence due to the recurrence.

14.12 During periods of unpaid leaves of absence, a teacher shall not be entitled to accumulate or apply sick leave except as provided in clause 16. The teacher shall retain the number of says of accumulated sick leave at the date of the leave commencement.

14.13 When a teacher leaves the employment of the Board, all accumulated sick leave shall be cancelled, with the exception that, providing the teacher has three or more consecutive years of service with the Board and returns to the staff within three years, the sick leave accumulated at the date of departure shall be reinstated.

14.14 A teacher who, as of the date of signing of this agreement by both parties, is on sick leave, may remain on sick leave up to the maximum of the teacher's current entitlement. At the conclusion of that period of sick leave, the provisions of this agreement will apply.

14.15 A teacher may use up to three days per school year with pay and benefits for family medical leave in order to care for the teacher's sick child or spouse. Additional days of family medical leave may be granted by the Board subject to approval by the superintendent or designate.

ARTICLE 15 - LEAVES OF ABSENCE

15.1 Compassionate Leave

15.1.1 In the event of death or serious illness of a member of a teacher's or a teacher's spouse's family, the teacher shall be allowed leave with salary for a maximum of five days. The Board recognizes that there may be circumstances where the above provisions may be extended at full salary and may do so at its sole discretion.

15.1.2 The family is regarded to be spouse, child, parent, grandparent, brother, sister, uncle, aunt, grandchild and legal dependent.

15.1.3 The Board may grant compassionate leave with or without pay in circumstances not covered by the foregoing.

15.2 Family leave

15.2.1 A husband shall be granted one day paternal leave with pay for the birth of his child, provided that the birth takes place on a school day.

15.2.2 One day leave with pay shall be granted to a teacher on the occasion of the adoption of a child, provided such adoption takes place on a school day.

15.3 Study Leave

15.3.1 Upon application to and permission from the Board, a temporary leave of absence may be granted during the month of June for study purposes to advance the academic or professional standing of a teacher. A teacher granted such leave of absence shall have salary deducted to cover no more than the cost of a substitute teacher as required.

15.4 Temporary Personal Leave

15.4.1 Subject to operational requirements as determined by the superintendent or designate, a teacher may access temporary leave of absence of up to two days per school year. Should the teacher wish to provide a reason for the leave, the leave will be at 50 percent of the cost of a substitute teacher if one is required. Where the teacher does not wish to provide a reason for the leave, the teacher will assume the cost of a substitute teacher whether one is required or not.

15.5 Extended Personal Leave

15.5.1 The Board may grant a teacher a personal leave of absence without pay or benefits for a period of up to one year. The period of the leave will not be included in any calculation of experience increments.

15.5.2 The Board will endeavor to place the returning teacher into a position that most nearly equates with the position formerly occupied by the teacher, commensurate with training and experience. A teacher on leave will not have any advantage or disadvantage in the event of staff reduction or program change.

15.5.3 A teacher who is granted leave under clause 15.5.1 shall retain sick leave entitlement.

15.5.4 During a personal leave of absence without pay, the Board will make available and administer the normal benefit coverage, 100 percent of the premiums to be paid by the teacher.

15.6 Legal Proceedings Leave

15.6.1 A leave of absence without loss of salary shall be granted:

(a) for jury duty or any summons related thereto, or

(b) to answer a subpoena or summons to attend as a witness in any proceeding authorized by law to compel the attendance of witness.

15.6.2 The teacher shall remit any witness fee or jury stipend (excluding allowance and/or expenses) set by the court or other body.

ARTICLE 16 - MATERNITY LEAVE

16.1 The Board will administer maternity leave in compliance with the Employment Standards Code and the supplementary unemployment benefits (SUB) plan.

16.2 The period of maternity leave will begin at the discretion of the teacher. However, the teacher shall notify the Board in writing of her maternity leave requirements three months in advance of and not less than two weeks prior to the first day of leave, if possible.

16.3 The Board may request from the teacher a statement from a physician indicating the expected delivery date.

16.4 Maternity leave shall be for a maximum period of 18 weeks after one year of full employment.

16.5 The Board shall implement a supplementary unemployment benefits plan, which shall provide teachers on maternity leave with 100 percent of normal weekly earnings during the health-related portion of the maternity leave.

16.6 The SUB will be paid for the duration of the absence from duties for a health-related reason related to pregnancy during maternity leave while in receipt of EI benefits and during the EI waiting period up to a maximum number of days equal to the teacher's sick leave entitlement or 17 weeks, whichever is less. After 90 consecutive calendar days of disability the teacher shall apply for extended disability benefits and the SUB payments shall cease.

16.7 For the duration of the SUB, the Board shall continue to pay the employer's portion of the teachers' benefit plan premiums specified in clauses 12.1 to 12.7 inclusive.

16.8 Upon completion of the leave granted under clause 16.1, the teacher shall be reinstated in the position she occupied at the time that the maternity leave commenced. However, notwithstanding the above, a teacher on leave will not have any advantage or disadvantage in the event that a staff reduction or program change ha become necessary in a particular school. These provisions do not apply to leave granted pursuant to clause 16.10.

16.9 A teacher may return to duties prior to the completion of the leave granted under clause 16.1 providing she submits a medical certificate indicating that resumption of work will not endanger her health.

16.10 Upon completion of the scheduled maternity leave, the teacher may be granted leave without pay in accordance with Board policy and clause 15.5.1 up to one year following the date of delivery or at a later date which is satisfactory to the Board and the teacher. When possible, return to work shall be at natural breaks in the school year.

16.11 The Board will endeavor to place a teacher returning from leave accessed under clause 16.10 into a position that most nearly equates with the position formerly occupied by the teacher, commensurate with training and experience. A teacher on leave shall not have any advantage or disadvantage in the event of staff reduction or program change.

16.12 In the event that an audit by Human Resources Development Canada Employment Insurance indicates mandated changes in this plan to comply with employment insurance regulations, these changes will be made immediately and will be binding on both parties.

ARTICLE 17 - PROFESSIONAL DEVELOPMENT

17.1 A professional development sabbatical shall mean a leave of absence which may be granted by the Board upon application by a teacher. All professional development sabbatical applications shall have an accompanying letter of recommendation from the principal and the superintendent. The deadline for the applications to be received by the Board is March 1 of the current year.

17.2 A teacher who is granted a professional development sabbatical shall, for the duration of the teacher's professional development sabbatical receive a minimum allowance of 50 percent of that teacher's annual grid salary to be paid monthly at the rate of 1/12 of the determined allowance. The teacher after completing the term of sabbatical leave, at the discretion of the Board, may be required to complete the remaining term as a teacher for the school district and shall be paid, in lieu of sabbatical allowance, 1/12 of the teacher's salary per month to August 31.

17.3 A teacher who is granted professional development sabbatical shall give an understanding in writing to return to teaching duties following the expiration of the sabbatical and shall not resign or retire from teaching service for the Board, for a period of at least two full school years after resuming duties by mutual agreement between the Board and the teacher.

17.4 Unless otherwise agreed upon by the teacher and Board, a teacher, upon return from professional development sabbatical will be placed in a position economically no less favorable than the one the teacher left unless such lesser amount has been agreed upon by the parties to this agreement from time to time, until such time as the provisions of this collective agreement entitle the teacher to a total annual salary and allowance amount that is greater than that being received at the time of the return.

17.5 In the event that a teacher wishes to leave the employ of the Board before completion of the two-year term mentioned in clause 17.3 the Board may request repayment of all or part of the salary paid during the professional development sabbatical.

17.6 After completion of one year of the two-year term mentioned in clause 17.3 any invocation of clause 17.5 will be proportional to the time remaining of the two-year term.

17.7 Upon return to regular duties the teacher is required by the Board to furnish evidence of compliance with the terms of the agreement under which the leave was granted.

17.8 The Board may pay tuition fees for courses taken by teachers provided:

i) the course is successfully completed;

ii) the course is approved by the principal and superintendent as being pertinent to the teacher's role in the system.

17.9 Provided there are suitable applicants as outlined in clause 17.8, the Board shall grant tuition fees for a maximum of N full courses per school year, where N=20 percent of the staff as of September 1 of the year, calculated to the nearest whole number. Where N is exceeded, payment would be granted on a prorata basis to all suitable applicants.

ARTICLE 18 - APPOINTMENTS, TRANSFERS AND SECONDMENTS

18.1 The Board may create or designate for teachers new positions not referred to or covered in this agreement. Salaries and/or additional allowances shall be arrived at by consultation with the Association.

18.2 Teachers seconded from or within the Elk Island Catholic Separate Regional Division No 41 shall be entitled to an experience increment for each year of secondment, be considered a full member of the division and Local teachers' Association, receive salary and benefits normally afforded any teacher of similar experience and position and return to a position no less favorable than the position held prior to the secondment. Notwithstanding any of the foregoing a teacher on secondment must comply with section 74(5) of the Labour Relations Code as it applies to a strike vote.

18.3 Appointments shall be made to the teaching staff and not to any particular school. The teacher shall be subject to assignment or transfer as the superintendent may deem advisable in the interests of the division within the limitations of section 85 of the current School Act.

18.4 Administrative Transfers

18.4.1 Any principal or assistant principal who is required by the Board to transfer from the principal's or assistant principal's current school to any other school(s) shall receive, over the subsequent three years and beginning on the date the transfer takes effect, an allowance which shall be the greater of:

(a) the allowance payable at the other school(s) as computed according to clause 9.1 or,

(b) the allowance that would have been payable at the current school during the first year of the transfer.

18.4.2 Any principal or assistant principal with a minimum of 10 years of service with the Board and a pension index of 75 or more at the effective date of transfer who is required by the Board to transfer from that principal's or assistant principal's current school to any other school shall receive, over the next five years and beginning on the date the transfer takes effect:

(a) for the first three years an allowance which shall be the greater of:

i) the allowance payable at the other school(s) as computed according to clause 9.1 or,

ii) the allowance that would have been payable at the current school

(b) and for the next two years, an allowance which shall be the greater of:

i) the allowance received in the third year payable in 18.4.2 a) or,

ii) the allowance payable at the other school(s) as computed according to clause 9.1.

Once the principal or assistant principal has attained the later of either the age of 55 years or a pension index of 85, the allowance protection afforded in 18.4.2 shall no longer apply.

18.4.3 Notwithstanding any provisions of this collective agreement, where a principal or an assistant principal is required by the Board to transfer to an administrative position in another school prior to September 1, 1998, the total amount of the annual salary and allowance being received at the time of the transfer will be maintained at the level that would have been paid in respect of the administrative position or may be such lesser amount as has been agreed upon by the parties to this agreement from time to time, until such time as the provisions of this collective agreement entitled the principal or assistant principal to a total annual salary and allowance amount that is greater than that being received at the time of the transfer. This provision applies only to those persons holding the designation of principal or assistant principal with the division as of June 30, 1991, and shall not apply to a principal or assistant principal who requests a transfer.

ARTICLE 19 - SPECIAL CONSIDERATION

19.1 The Board reserves the right to give special consideration for special qualification, service or situation until a place is established in the agreement for same.

19.2 The Association may be notified in writing within 20 working days of any consideration given under clause 19.1.

ARTICLE 20 - GRIEVANCE AND INTERPRETATION PROCEDURES

20.1 A grievance is defined as any dispute arising out of the interpretation, application, administration or alleged violation of this collective agreement.

20.2 A grievance committee consisting of three members of the Board and three representatives of the Association shall interpret and consider grievances under this section.

20.3 A quorum of this committee shall consist of all members.

20.4 A teacher shall have the right to appeal to this committee for a period of 10 days following receipt of the first pay cheque after the teacher's position on the grid has been established.

20.5 Any teacher who has a grievance arising out of this agreement shall, within 10 days of the date of the incident giving rise to the grievance or of the date on which the teacher first had knowledge of the alleged violation, lodge, in writing, a statement of the nature of the grievance to the secretary of the economic policy committee, who will supply a copy of the statement to the superintendent of the Board.

20.6 When the grievance committee receives notice of the submission of the grievance, it shall be required to call a meeting within 10 days and to give its decision within 21 days following the receipt of such notice, or the secretary of the economic policy committee shall notify the grievor in writing of the reasons for any delay in completing the grievance. The committee shall dispose of each grievance before proceeding to another, except that by unanimous consent of the grievance committee, the hearing of such grievance is adjourned for the purpose of obtaining further information.

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

20.8 If the committee does not reach a unanimous or any decision, either party may, by written notice served on the other party within 10 days after the date on which the committee voted on the disposition of the grievance or within 10 days after the expiration of the said period of 21 days, whichever is shorter, require the establishment of an arbitration board as hereinafter provided. If such notice is not served within the time limited, the grievance shall be deemed to be at an end. The parties may, by mutual agreement, consent to postpone the hearings of the arbitration board. Such notice shall contain a statement of the nature of the grievance.

20.9 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 chairman.

20.10 If the two members fail to select a chairman within five days after the day on which the last of the two members is appointed, the two members shall request the Director of Mediation Services, Alberta Labour, to select a chairman.

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

20.12 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 during the term of this agreement.

20.13 The arbitration board shall give its decisions not later than 14 days after the appointment of the chairman, except that with the consent of the Association and the Board, such limitation of time may be extended. The findings and decisions of a majority of the members of an arbitration board shall be binding on the parties.

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

20.15 Where any references in clauses 20.1 to 20.14 inclusive are to a period of days, such a period shall be exclusive of Saturdays, Sundays and other holidays.

20.16 The purpose of the grievance provisions is to ensure that any grievance is processed in an expeditious manner; therefore, compliance of the provisions is mandatory. If the Board (employer) fails to comply with the provisions, the grievance may be processed to the next step. If the grievor fails to comply with the provisions the grievance shall be considered abandoned.

ARTICLE 21 - DATE OF AGREEMENT

Negotiated and mutually agreed upon and signed.

LETTER OF UNDERSTANDING 1

For teachers assigned to the Fort Saskatchewan schools during the 1998/1999 school year:

(a) the Board shall not require the reimbursement of any overpayment of Alberta Health Care premiums paid by the Board prior to the ratification of this agreement; and

(b) the Board shall continue to pay the prorated benefit premiums for teachers who teach less than half-time.

This Letter of Understanding shall be appended as part of the collective agreement until such time as these provisions no longer apply.

LETTER OF UNDERSTANDING 2

The administrative allowance for the individual who is the current Principal of Our Lady of Angels School shall be:

(a) $14,039 for the 1998/1999 school year

(b) for the three school years subsequent to 1998/1999, the greatest of:

i) $14,039 increased by the average percentage increase of the Division's Principals' base and student rates for administrative allowances, or,

ii) the allowance payable at the school at which that individual is an administrator,

(c) then maintained at that third year rate for the subsequent two years.

This Letter of Understanding shall be appended as part of the collective agreement until the provisions expire or this individual resigns from his administrative role.

LETTER OF UNDERSTANDING 3

For the duration of this collective agreement, if a teacher currently teaching at a school in Fort Saskatchewan requests, in writing to the secretary-treasurer by May 31, to be issued that teacher's July and August pay at the end of June, the request shall be granted.

LETTER OF UNDERSTANDING 4

The Board shall endeavour to minimize involuntary teacher transfers from a Sherwood Park or Fort Saskatchewan school to a Camrose school, or vice-versa.

In the event that such a transfer occurs, the Board shall pay the teacher either:

(a) a reasonable daily travel allowance, or

(b) reasonable moving expenses to the community to which the teacher was transferred,

until the Board modifies the Division Policy to address involuntary teacher transfers.

LETTER OF UNDERSTANDING 5

For the period from September 1, 1998 to the end of the month in which ratification of this collective agreement occurs, the teachers at the Sherwood Park, Ardrossan, South Cooking Lake and Camrose schools, and at the Education Centre, shall be reimbursed 12.2 percent of each teacher's Alberta Health Care premium.

LETTER OF INTENT

The Board and the Association, each appointing two members, shall strike a committee to study the Division Policies on an Early Retirement Incentive Plan (ERIP). This ERIP Committee shall meet at least monthly beginning September, 1999 until January, 2000, in order to present joint recommendations for ERIP Policy revisions to the Board prior to February 1, 2000.