The Alberta Teachers’ Association

Whereas this collective agreement is made pursuant to the laws of the province of Alberta as amended from time to time including but not limited to the School Act, the Alberta Human Rights Act, the Public Education Collective Bargaining Act (PECBA), the Employment Standards Code, and the Labour Relations Code.

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

1.            APPLICATION/SCOPE

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

1.1.2      All teachers employed by the School Jurisdiction shall be members of the Association.

1.2          Excluded Positions

1.2.1      Superintendent

1.2.2      Deputy or Assistant Superintendent

1.2.3      Director

1.2.4      Home Education Monitor

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

1.3.1      has exclusive authority to bargain collectively with TEBA on behalf of all the teachers in the bargaining units and to bind the teachers in any collective agreement with respect to central terms; and

1.3.2      has exclusive authority to bargain collectively with each School Jurisdiction on behalf of the teachers in each bargaining unit with respect to local terms, and to bind the teachers by a collective agreement.

1.4          The 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 School Jurisdiction.

1.5          Implementation of this collective agreement shall not cause a teacher presently employed to receive a salary less than that calculated under any previous collective agreement unless mutually agreed to by TEBA and the Association.

1.6          This collective agreement cancels all former collective agreements and all provisions appended thereto.

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

1.8          Structural Provisions

1.8.1      Working Conditions Committees

1.8.1.1   Three (3) representatives from the Working Conditions Committee and three (3) representatives of the School Jurisdiction 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.

1.8.1.2   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 1.8.1.1.

2.            TERM

2.1          The term of this collective agreement is September 1, 2016 to August 31, 2018. Unless stated otherwise, this collective agreement shall continue in full force and effect through August 31, 2018.

2.2          List Bargaining

2.2.1      Negotiations regarding the list of central and local matters must commence not less than 6 months and not more than 8 months before the expiry of the then existing collective agreement and shall be initiated by a written notice from the Association or TEBA to the other.

2.2.2      If agreement is not reached, the matter shall be determined by arbitration under PECBA.

2.3          Central Matters Bargaining

2.3.1      Either TEBA or the Association may, by written notice to the other, require the other to begin negotiations. Notwithstanding section 59(2) of the Labour Relations Code, a notice to commence central bargaining by TEBA or the Association must be served not less than 15 days and not more than 30 days after the central matters and local matters have been determined.

2.3.2      A notice referred to in subsection 2.3.1 is deemed to be a notice to commence collective bargaining referred to in section 59(1) of the Labour Relations Code.

2.4          Local Bargaining

2.4.1      Notwithstanding section 59(2) of the Labour Relations Code, a notice to commence local bargaining by a School Jurisdiction or the Association must be served after, but not more than 60 days after, the collective agreement referred to in section 11(4) of PECBA has been ratified or the central terms have otherwise been settled.

2.4.2      A notice referred to in subsection 2.4.1 is deemed to be a notice to commence collective bargaining referred to in section 59(1) of the Labour Relations Code.

2.5          Bridging

2.5.1      Notwithstanding section 130 of the Labour Relations Code, when a notice to commence central bargaining has been served, a collective agreement in effect between the parties at the time of service of the notice is deemed to continue to apply to the parties, notwithstanding any termination date in the collective agreement, until
a)            a new collective agreement is concluded, or
b)            a strike or lockout commences under Division 13 of Part 2 of the Labour Relations Code during local bargaining.

2.5.2      If a strike or lockout commences during central bargaining, the deemed continuation of the collective agreement is suspended until an agreement with respect to central terms is ratified under section 11(4) of PECBA or the central terms have otherwise been settled.

2.6          Meet and Exchange

2.6.1      For central table bargaining, representatives of the Association and TEBA shall meet and commence collective bargaining not more than 30 days after notice is given. At the first meeting, the Association and TEBA shall exchange details of all amendments sought.

2.6.2      For local table bargaining, representatives of the Association and a School Jurisdiction shall meet and commence collective bargaining not more than 30 days after notice is given. At the first meeting, the Association and School Jurisdiction shall exchange details of all amendments sought.

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

2.6.2.2   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 fifteen (15) days following notification, both parties shall convert unresolved issues to positions which shall be exchanged at the next scheduled meeting.

2.7          Opening with Mutual Agreement

2.7.1      The Association and TEBA may at any time by mutual agreement negotiate revisions to the central matters contained in this collective agreement. Any such revisions shall become effective from such date as shall be mutually agreed upon by the Association and TEBA.

2.7.2      The Association and the School Jurisdiction may at any time by mutual agreement negotiate revisions to the local matters contained in this collective agreement. Any such revisions shall become effective from the date mutually agreed upon by the parties.

2.8          Provision of Information

2.8.1      As the Association is the bargaining agent for the teachers employed by each School Jurisdiction, each School Jurisdiction shall provide to the Association at least once each year no later than October 31, a list of its teachers who are members of the Association including the name, certificate number, home address, home phone number and the name of their school or other location where employed.

2.8.2      Each School Jurisdiction shall provide the following information to the Association and to TEBA annually:
a)            Teacher distribution by salary grid category and step as of September 30;
b)            Health Spending Account (HSA)/Wellness Spending Account (WSA)/Registered Retirement Savings Plan (RRSP) utilization rates;
c)            Most recent School Jurisdiction financial statement;
d)            Total benefit premium cost;
e)            Total substitute teacher cost; and
f)             Total allowances cost.

3.            SALARY

3.1          Salary Pay Date/Schedule

3.1.1      One-twelfth (1/12) of a teacher's annual salary shall be paid by direct deposit on the second last banking day of each month.

3.2          Grid

3.2.1      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 School Jurisdiction.

3.2.2      All salaries referred to herein, unless otherwise specifically stated, are payable to a teacher as provided in the School Act.

3.2.3      Effective September 1, 2016

3.2.4      Effective September 1, 2017, C3 of education will be eliminated. All teachers who currently receive an annual salary under C3 will be appointed to the next step within the fourth year (C4) that is the nearest, but not less than, the teacher’s current annual salary. If that step on the grid is not C4 Max, the teacher is eligible for grid movement on the basis of experience increments.

3.2.5      Effective September 1, 2017

3.3          Education

3.3.1      Evaluation of a teacher's university education shall be determined by the Association Teacher Qualifications Service (TQS).

3.3.2      A teacher commencing employment with the School Jurisdiction shall supply to the School Jurisdiction proof of education entitlement or proof of application for education entitlement from the Association TQS within 45 calendar days of the commencement of employment. The interim salary shall be for the grid position of four years of university education at that teachers experience level. If such proof is not submitted within the forty-five (45) calendar days, salary shall be adjusted effective the beginning of the month following submission of the TQS documentation to the School Jurisdiction.

3.3.3      A teacher claiming additional education entitlement shall supply to the School Jurisdiction proof of such entitlement or proof of application for such entitlement from the Association TQS within 45 calendar days of the first day of school or February 1, whichever is applicable. If such proof is not submitted within the forty-five (45) calendar days, salary shall be adjusted effective the beginning of the month following submission of the TQS documentation to the School Jurisdiction.

3.3.4      Notwithstanding the foregoing, the School Jurisdiction reserves the right to pay extra for approved religious education.

3.3.5      Each payroll voucher shall state the teacher's Years of University Education, Years of Teaching Experience and Full Time Equivalency as used to determine salary, and a list of benefits that teacher is accessing.

3.3.6      Effective until August 31, 2017, the School Jurisdiction will not in any one year pay for increments under any clause of the agreement which should have been claimed in the previous year.

3.4          Experience

3.4.1      Teachers shall gain experience while holding a valid Alberta teaching certificate or its equivalent, and working while:
a)            under contract in a position that requires a teaching certificate as a condition of employment, excluding leaves of absence without salary and vacation periods; and
b)            employed as a substitute teacher within the preceding five (5) years.

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

3.4.3      Previously unrecognized experience gained in one school year with a School Jurisdiction may be carried over for calculation of experience increments in the following school year with that same School Jurisdiction.

3.4.4      Provisions 3.4.1 through 3.4.4 take effect on September 1, 2017 and shall not be applied retroactively other than to permit unrecognized experience gained in the 2016-17 school year with a School Jurisdiction being carried over for calculation of experience increments in the 2017-18 school year with that same School Jurisdiction.

3.4.5      A year of teaching experience shall be any one school year during which a teacher has taught for not less than one hundred and twenty-five (125) full days.

3.4.6      A full increment will be given if one hundred and ten (110) full days are earned during two (2) consecutive school years, prior to November 1, 1996. A full increment will be given if one hundred and twenty-five (125) full days are earned during two (2) consecutive school years, starting November 1, 1996.

3.4.7      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 1st.

3.4.8      Effective until August 31, 2017, 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 1st, whichever occurs first.

3.4.9      Proof of previous experience or proof of having applied for documentation of previous experience must be submitted to the School Jurisdiction 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 interim salary shall be the salary of the grid position and no years Teaching Experience.

3.4.10    Effective until August 31, 2017, substitute teachers will be granted credit for an experience increment for salary purposes, when the accumulated total or equivalent full days taught is 125 days or more in the preceding 5 years.

3.5          Special Consideration: Journeyman and Red Seal Certification

3.5.1      The School Jurisdiction shall recognize a teacher’s Alberta journeyman certificate or Red Seal certification where the teacher is required by the School Jurisdiction to have technical trade qualifications.

3.5.2      Such recognition for teacher education purposes is limited to one further year beyond the teacher’s current TQS Evaluation, providing that this education has not been recognized as part of this TQS evaluation.

3.5.3      Such recognition for teacher education purposes will be continued for a period of one year if the teacher, at the School Jurisdiction’s direction, no longer provides instruction in a course where there exists the requirement for the teacher to have qualifications as per 3.5.1.

3.5.4      Such recognition for teacher education purposes will no longer be recognized if the teacher, at their request, no longer provides instruction in a course where there exists the requirement for the teacher to have qualifications as per 3.5.1.

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

3.5.6      The Association may be notified in writing within twenty (20) working days of any consideration given under Clause 3.5.5.

3.6          Other Rates of Pay

3.6.1      Service Outside the Operational Days

3.6.1.1   A teacher who is required to render service during recognized holiday periods at the request and with written approval of the School Jurisdiction, shall receive one two-hundredth (1/200th) of that teacher’s annual salary for each day of work.

3.6.2      Summer School Rates

3.6.2.1   Staff teaching Summer School shall be paid 1/200 of their teaching salary for each day of summer school. Allowances do not apply to the 1/200th.

3.6.2.2   The individual designated as Principal of Summer School shall receive 1/200th of the basic Principal’s Allowance for each day of summer school as per the collective agreement.

4.            ADMINISTRATOR ALLOWANCES AND CONDITIONS OF PRACTICE

4.1          Creation of New Designations/Positions

4.1.1      The School Jurisdiction 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.

4.2          Administration Allowances

4.2.1      Principal Allowances

4.2.1.1   Principals shall be paid an annual administrative allowance calculated as a base allowance of $21,758.96 plus $19.76 per student for each student in excess of 300 students in that principal’s school on September 30 of that school year. This allowance is to be adjusted on the same dates and by the same percentage increases as are applied to the salary grid. [This clause expires August 31, 2017]

4.2.1.2   Principals shall receive an additional $1,200 administrative allowance over and above the allowance paid in 9.1 as part of their administrative allowance. [This clause expires August 31, 2017]

4.2.1.3   Principals assigned to the school to which they were assigned on September 1, 2017 shall be paid an annual administrative allowance calculated as a base allowance of $23,434.04 plus $20.16 per student for each student in excess of 300 students in that principal’s school on September 30 of that school year. This allowance is to be adjusted on the same dates and by the same percentage increases as are applied to the salary grid.

4.2.1.4   Principals who are at a school other than that to which they were assigned on September 1, 2017, with a student population of 800 students or less, will be paid an allowance of $25,372.00. Principals at a school with a population of 801 students or more will be paid an allowance of $37,742.00. This allowance is to be adjusted on the same dates and by the same percentage increases as are applied to the salary grid.

4.2.1.5   The principal of the St. Isidore Learning Centre will be paid an annual allowance of $25,372.00.

4.2.2      Assistant Principal Allowances

4.2.2.1   The Assistant-Principal(s) shall receive fifty percent (50%) of the Principal's allowance. Assistant-Principals receiving an allowance of sixty percent (60%) of the Principal’s allowance prior to November 1, 1996 shall continue to receive the allowance calculated at the sixty percent (60%) rate. [This clauses expires August 31, 2017]

4.2.2.2   Assistant Principals shall receive an additional $1,200 administrative allowance over and above the allowance paid in 9.2, as a part of their administrative allowance. [This clause expires August 31, 2017]

4.2.2.3   Assistant Principals assigned to the school to which they were assigned on September 1, 2017 shall be paid an annual administrative allowance calculated as a base allowance of $12,321.07 plus $10.08 per student for each student in excess of 300 students in that assistant principal’s school on September 30 of that school year. This allowance is to be adjusted on the same dates and by the same percentage increases as are applied to the salary grid.

4.2.2.4   Assistant principals who are at a school other than that they were assigned on September 1, 2017, with a student population of 800 students or less, will be paid an allowance of $13,286.00. Assistant principals at a school with a population of 801 students or more will be paid an allowance of $19,471.00. This allowance is to be adjusted on the same dates and by the same percentage increases as are applied to the salary grid.

4.2.2.5   The Assistant principal of the St. Isidore Learning Centre will be paid an annual allowance of $13,286.00.

4.2.3      Consultant Allowances

4.2.3.1   In addition to a teacher’s grid placement, a teacher designated as a consultant shall receive an annual allowance of $10,803.35, prorated based on FTE. This allowance is to be adjusted on the same dates and by the same percentage increases as are applied to the salary grid.

4.2.4      Coordinator Allowances

4.2.4.1   In addition to a teacher’s grid placement, a teacher designated as a coordinator shall receive an annual allowance of $4,542.84. This allowance is to be adjusted on the same dates and by the same percentage increases as are applied to the salary grid.

4.2.4.2   Where coordinator roles are shared at a school site, both teachers shall be designated co-coordinators. All allowances as per 4.2.4.1 will be divided equally between the teachers.

4.2.5      Allowance Structure

4.2.5.1   All allowances, except for the Principal allowance, shall be pro-rated based on total FTE.

4.2.5.2   Allowances shall only be paid for the period the teacher is in the position.

4.3          Acting/Surrogate Administrators – Compensation

4.3.1      In the case of an extended absence of a Principal, the School Jurisdiction may, by motion, designate a teacher as acting principal, who shall receive an administrative allowance according to Clause 4.2.1 of the Collective Agreement for the period of the absence.

4.4          Teachers with Principal Designations

4.4.1      Effective September 1, 2017, a teacher designated as a principal shall enter into a series of term contracts for a period of up to five (5) years. Up to two (2) of these five years may be on a probationary basis. Following the term contract maximum of five (5) years, inclusive of the maximum two (2) years probationary period, the School Jurisdiction must decide whether or not the designation will continue, and if it continues, it is deemed to be a continuing designation.

4.4.2      Any current principal who has had a term contract(s) for a term(s) of a total of less than five years on September 1, 2017 may continue under the term contract until the total number of years designated as a principal is five years. When the total length of the principal’s designation will be five years as of August 31, 2018, the School Jurisdiction must decide by April 30, 2018 whether or not the designation will continue in the 2018-19 school year, and if it continues, it is deemed to be a continuing designation.

4.4.3      For any current principal who is on a term contract(s) for a period of five years or more as of September 1, 2017, the School Jurisdiction must decide by January 31, 2018 whether or not the designation will continue, and if it continues, it is deemed to be a continuing designation. If the designation is not continued, it will expire at the conclusion of the term provided in the term contract, unless it is otherwise terminated in accordance with the express provisions of the term contract.

4.5          Other Administrator Conditions

4.5.1      Lieu Days

4.5.1.1   In recognition of the duties required to effectively open and close a school during the summer:

4.5.1.2   The School Jurisdiction will ensure that Principals will be granted two (2) paid leave day(s) per school year, at a time mutually agreeable to the Principal and the Superintendent or designate. Failing agreement about whether the dates are mutually agreeable to the Principal and Superintendent, the School Jurisdiction shall pay out the unused paid leave days at 1/200th of the annual salary and allowance by the end of June each year.

4.5.1.3   All Principals will be granted one additional (1) paid leave day per school year, at a time mutually agreeable to the Administrator and the Superintendent or designate. This additional day shall not be eligible for pay out.

4.5.1.4   In recognition of the duties required to effectively open and close a school during the summer, all Assistant Principals will be granted three (3) paid leave day(s) per school year, at a time mutually agreeable to the Administrator and the Superintendent or designate.

4.5.1.5   No more than two (2) operational days may be taken consecutively by any administrator in 4.5.1.2, 4.5.1.3, 4.5.1.4 and/or 12.1 and/or 12.2.

4.5.2      Multiple Designations

4.5.2.1   No individual holding multiple designations shall hold multiple allowances.

4.5.3      Instructional Time for Administrators

4.5.3.1   A coordinator shall be required to provide class instruction or class supervision to a maximum of seventy-five percent (75%) of the total instructional time for a student at that school in that school year.

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

4.5.3.3   A co-coordinator shall be required to provide class instruction or class supervision to a maximum of eighty-one and one-quarter percent (81.25%) of the total instructional time for a student at that school in that school year.

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

5.            SUBSTITUTE TEACHERS

5.1          Rates of Pay

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

5.1.2      For a full day of substitution at one location, a substitute teacher shall receive a salary of $210.40. This salary is to be adjusted on the same dates and by the same percentage increases as are applied to the salary grid.

5.1.3      For one-half day of substitution, a substitute teacher shall receive a salary equal to sixty percent (60%) of the salary for a full day of substitution.

5.1.4      For a full day of substitution at two different locations on the same day, a substitute teacher shall receive a salary equal to one hundred and ten percent (110%) of the salary for a full day of substitution.

5.2          Commencement of Grid Rate

5.2.1      Number of days to go on grid: When a period of teaching service in any one substitution assignment exceeds two (2) consecutive teaching days, the teacher's salary shall be calculated in accordance with that teacher's years of training and experience. Such placement shall be made from the third (3rd) day of service in that position. No substitute teacher shall be paid less than the daily rate.

5.2.2      Effective September 1, 2017, the period of consecutive employment during the school year shall not be considered interrupted or non-consecutive, if a holiday, teachers’ convention, professional day or such other system-regulated breaks interrupt the substitute teacher’s continuity in the classroom.

5.3          Other Substitute Teacher Conditions

5.3.1      The School Jurisdiction shall give the substitute teacher a minimum 12 hours cancellation notice; if no notice is given, the sub will either be employed for, or paid for, a half day of service.

5.3.2      Effective the date of ratification, substitutes who reside within the boundaries of Strathcona County, Fort Saskatchewan, Sturgeon County, or the city of Edmonton working as a substitute teacher in communities of Vegreville or Camrose shall receive an expense reimbursement of $20.00 when receiving the daily substitute rate as per 5.1.2 and 5.1.3.

6.            PART TIME TEACHERS

6.1          FTE Definition: Effective September 1, 2017, part-time teacher FTE will be determined by the ratio of the teacher’s actual annual instructional time to the teacher instructional time of a full-time assignment in the teacher’s school. This FTE will be used to calculate the prorated portion of a teacher’s assignable time.

6.1.1      For the purpose of this agreement, a full-time teacher shall be deemed to have taught pupils upon all days authorized in Section 97(1) of the current School Act. A regular part-time teacher, whose assignment is 0.4 FTE or greater, shall have the same entitlements as full-time teachers, subject to the conditions set out in Clause 6.2.

6.2          Part-time Teachers Salaries

6.2.1      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:

6.2.1.1   93.3 per cent of the total instructional time for kindergarten (ECS) to grade nine in that school year at the school to which that teacher is assigned and

6.2.1.2   87.5 per cent of the total instructional time for grades 10 to 12 in that school year at the school to which that teacher is assigned.

7.            GROUP BENEFITS

7.1          Group Health Benefit Plans, Carrier and Premiums

7.1.1      The School Jurisdiction shall pay fifty-five percent (55%) of the premium for Alberta Health Care for those teachers enrolled in Alberta Health Care, and remit that amount to the Alberta Health Care authorities. The School Jurisdiction shall deduct forty-five percent (45%) of the premium for Alberta Health Care from the monthly salary of those teachers enrolled in Alberta Health Care, and remit that amount to the Alberta Health Care authorities.

7.1.2      The School Jurisdiction shall pay one hundred percent (100%) of the premium of the Alberta School Employee Benefit Plan (ASEBP), Extended Health Care, Plan 1.

7.1.3      The School Jurisdiction shall pay one hundred percent (100%) of the premium for the ASEBP, Life Insurance and Accidental Death and Dismemberment, Plan 2.

7.1.4      The School Jurisdiction shall pay one hundred percent (100%) of the premium for the ASEBP, Extended Disability Benefits, Plan D.

7.1.5      The School Jurisdiction shall pay one hundred percent (100%) of the premium for the ASEBP, Dental Care, Plan 3.

7.1.6      The School Jurisdiction shall pay one hundred percent (100%) of the premium for the ASEBP, Vision Care, Plan 3.

7.2          Group Benefits Eligibility

7.2.1      Coverage under the plans in Clauses 7.1.1, 7.1.2, 7.1.5 and 7.1.6 shall be optional.

7.3          Health Spending Account

7.3.1      The School Jurisdiction will contribute annually, $750.00 for each eligible teacher who works 0.40 FTE or greater, to a Health Spending Account (HSA) that adheres to Canada Revenue Agency (CRA) requirements. Eligible teachers shall be on a continuing or probationary contract, or a temporary contract of at least five months duration. The unused balance will be carried forward to the extent permitted by the CRA. Teachers leaving the employ of the School Jurisdiction for any reason will forfeit any remaining balance.

7.4          Other Group Benefits

7.4.1      Employment Insurance Premium Reduction

7.4.1.1   The rebate by Revenue Canada relative to Employment Insurance will be refunded to the School Jurisdiction and such funds shall be applied to the School Jurisdiction's share of employee benefit costs.

8.            CONDITIONS OF PRACTICE

8.1          Teacher Instructional and Assignable Time

8.1.1      A teacher may be assigned class instruction and class supervision duties up to 93.3 per cent for kindergarten (ECS) to grade nine and 87.5 per cent for grades 10 to 12 of the total instructional time for a student in a school year as stipulated by Alberta Education.

8.1.2      Effective September 1, 2017, teacher assignable time will be capped at 1200 hours per school year commencing the 2017-18 school year.

8.2          Assignable Time Definition

8.2.1      Assigned Time is defined as the amount of time that School Jurisdictions assign teachers and within which they require teachers to fulfill various professional duties and responsibilities including but not limited to:
a)            operational days (including teachers’ convention)
b)            instruction
c)            supervision, including before and after classes, transition time between classes, recesses and lunch breaks
d)            parent teacher interviews and meetings
e)            School Jurisdiction and school directed professional development, time assigned to teacher professional development, and travel as defined in Clause 8.2.3
f)             staff meetings
g)            time assigned before and at the end of the school day
h)            other activities that are specified by the School Jurisdiction to occur at a particular time and place within a reasonable work day.

8.2.2      Teachers have professional obligations under the School Act and regulations made pursuant to the School Act, as well as the Teaching Quality Standard, which may extend beyond what is assigned by School Jurisdictions. Teachers have discretion, to be exercised reasonably, as to when they carry out their professional responsibilities that extend beyond their assigned time.

8.2.3      Time spent traveling to and from professional development opportunities identified in 8.2.1 (e) will not be considered in the calculation of a teacher’s assignable time if:
a)            the teacher is being provided any other pay, allowances or a per diem for that travel time (excluding any compensation provided for mileage).
b)            the actual distance required to travel for the purposes of such professional development does not exceed the teachers’ regular commute to their regular place of work by more than eighty (80) kilometers. In such instances, assignable time will be calculated as one quarter (1/4) of an hour for every twenty (20) kilometers traveled in excess of the eighty (80) kilometer threshold.
c)            the time is spent traveling to and from the teacher’s annual convention.

8.3          Other Conditions of Practice

8.3.1      Learning Environments

8.3.1.1   The School Jurisdiction has been and continues to be committed to providing the best possible learning environment for its students. The School Jurisdiction and its teachers acknowledge and recognize that the following factors have significant impacts on the learning environments in schools:

8.3.1.1.1               School-based decision-making

8.3.1.1.2               The numbers of students teachers must teach and their individual learning needs

8.3.1.1.3               Classroom and other resources, both staff and materials

8.3.1.1.4               Time required to fulfill teaching and voluntary tasks

8.3.1.2   Given that long term educational goals are critical to the School Jurisdiction and its teachers, wherever and whenever feasible, the School Jurisdiction will use whatever resources it has available to promote excellence in education.

8.4          School Calendar

8.4.1      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 1st and closing not more than two hundred (200) teaching days after that opening date.

8.4.2      The school opening date will be chosen to allow:

8.4.2.1   teachers to complete summer school programs, and

8.4.2.2   for the lengths of the semesters to be approximately equal.

9.            PROFESSIONAL DEVELOPMENT

9.1          Teacher Professional Growth Plan

9.1.1      Teacher Professional Growth Plans will consider but will not be required to include the School Jurisdiction’s goals.

9.1.2      The teacher professional growth process, including discussions between the teacher and principal on the professional growth plans, will continue to take place.

9.1.3      School Jurisdictions and/or schools are not restricted in developing their own staff development plan in which the School Jurisdiction and/or school may require teachers to participate.

9.2          Professional Development Leave

9.2.1      A Professional Development Sabbatical shall mean a leave of absence which may be granted by the School Jurisdiction 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 School Jurisdiction is March 1st of the current year.

9.2.2      A teacher who is granted a professional development sabbatical shall, for the duration of that teacher’s professional development sabbatical, receive a minimum allowance of fifty percent (50%) of that teacher’s annual grid salary, to be paid monthly at the rate of one-twelfth (1/12th) of the determined allowance. The teacher, after completing the term of sabbatical leave, at the discretion of the School Jurisdiction may be required to complete the remaining term as a teacher for the School District, and shall be paid, in lieu of sabbatical allowance, one-twelfth (1/12th) of that teacher’s salary per month to August 31st.

9.2.3      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 School Jurisdiction, for a period of at least two (2) full school years after resuming duties except by mutual agreement of the School Jurisdiction and the teacher.

9.2.4      Unless otherwise agreed upon by the teacher and School Jurisdiction, a teacher, upon return from a professional development sabbatical, will be placed in a position economically no less favourable 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.

9.2.5      In the event that a teacher wishes to leave the employ of the School Jurisdiction before completion of the two-year (2) term mentioned in Clause 9.2.3, the School Jurisdiction may request repayment of all or part of the salary paid during the professional development sabbatical.

9.2.6      After completion of one (1) year of the two-year (2) term mentioned in Clause 9.2.3, any invocation of Clause 9.2.5 will be proportional to the time remaining of the two-year (2) term.

9.2.7      Upon return to regular duties, the teacher is required by the School Jurisdiction to furnish evidence of compliance with the terms of the agreement under which the leave was granted.

9.2.8      The School Jurisdiction may reimburse teachers the cost of tuition fees for courses provided the courses are:

9.2.8.1   approved by the Superintendent, or designate, as pertinent to that teacher's role in the system, and

9.2.8.2   successfully completed.

9.2.9      The School Jurisdiction will contribute an annual amount towards the payment of university course reimbursement calculated by the total number of FTE teachers employed by the School Jurisdiction on September 1st of each year multiplied by $125.00. If the total amount of tuition claimed exceeds the annual allocation, payment will be reimbursed on a pro-rata basis. Course payment will be paid at a rate of up to $600.00 per half course. Any unused allocation from a single year will be carried forward to the next year to a maximum of double the allocation for that year.

9.2.10    If a teacher leaves the employ of the School Jurisdiction after less than one year of service after completing a course for which that teacher has received a tuition fee reimbursement:

9.2.10.1                exceeding $500 but less than $1000, the School Jurisdiction may request repayment of the reimbursement and deduct the repayment from the teacher's last pay cheque,

9.2.10.2                of $1000 or greater, the School Jurisdiction may request repayment of the reimbursement by six (6) equal monthly installments.

10.          SICK LEAVE / Medical Certificates and Reporting

10.1        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.

10.2        A teacher on a probationary or continuing contract who is in the second year of continuous service with the School Jurisdiction, shall have available sick leave entitlement, with pay and benefits, of ninety (90) consecutive calendar days. This period shall serve as the elimination period for the Extended Disability Benefit plan.

10.3        A teacher who has been absent on sick leave or disability and returns to the entirety of the same full-time equivalency shall have the ninety (90) calendar days of sick leave entitlement reinstated.

10.4        A teacher on contract not covered by clause 10.2 shall have available sick leave entitlement, with pay and benefits, of 20 teaching days accrued at a rate of 2 days per month pro-rated to their FTE. A teacher in the second and subsequent year of employment with the School Jurisdiction not covered by clause 10.2 shall be entitled to carry forward the unused portion of the sick leave from the previous year.

10.5        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.

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

10.6.1    when requested by the School Jurisdiction, prior to return from sick leave, a certificate signed by a qualified medical or dental practitioner where the absence is three (3) consecutive teaching days or more.

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

10.7        Return to Work

10.7.1    In the event that a teacher who qualifies for sick leave is absent for more than ten (10) consecutive teaching days, the School Jurisdiction may require the teacher to provide the School Jurisdiction’s Physician’s Medical Statement certifying 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 School Jurisdiction.

10.8        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 ninety (90) consecutive calendar days.

10.9        Teachers on Extended Disability shall have benefit premiums paid by the School Jurisdiction as specified in this agreement.

10.10     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 School Jurisdiction shall provide a payment equivalent to the payment the teacher would have received had the teacher been eligible for Employment Insurance coverage, to a maximum of ninety (90) calendar days less the number of days accumulated under Clause 10.4.

10.11     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 Employees’ Benefit Plan will apply. Once approved, the Extended Disability Benefit shall be effective the first day of absence due to the recurrence.

10.12     During periods of unpaid leaves of absence, a teacher shall not be entitled to accumulate or apply sick leave except as provided in Clause 11.1. The teacher shall retain the number of days of accumulated sick leave at the date of the leave commencement.

10.13     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.

10.14     A teacher who becomes eligible for receipt of disability benefits as provided in the ASEBP, will not be entitled to receive sick pay benefits as provided for elsewhere in this collective agreement.

11.          MATERNITY, ADOPTION AND PARENTAL LEAVE

11.1        Maternity Leave/Parental Leave/Adoption Leave

General

11.1.1    Leave Administration

The School Jurisdiction will administer:

11.1.1.1                maternity and parental leaves in compliance with the Employment Standards Code and any regulations passed thereunder, and

11.1.1.2                the Supplementary Employment Benefits (SEB) Plan.

11.1.2    Leave Eligibility

11.1.2.1                All full and part-time teachers who have at least one year of service with the School Jurisdiction are eligible for maternity and parental leaves.

11.1.2.2                Parental leave is in effect for mothers and fathers who have children born or adopt a child after December 31, 2000.

11.1.3    Position Protection

11.1.3.1                Upon completion of a maternity or parental leave by a teacher, the School Jurisdiction shall endeavour to reinstate the teacher in the position that the teacher occupied at the commencement of the leave or in a position that most nearly equates with that position.

Maternity Leave

11.1.4    Leave Duration

11.1.4.1                A teacher who is a birth mother is entitled to fifteen (15) weeks of unpaid maternity leave immediately followed by thirty-seven (37) weeks of unpaid parental leave. If both parents are School Jurisdiction employees, the parental leave may be accessed entirely by one of the parents or shared between the parents.

11.1.4.2                A maternity leave must include a period of at least six (6) weeks immediately following the date of delivery, unless the teacher and the School Jurisdiction agree to shorten that period by the teacher giving the School Jurisdiction a medical certificate indicating that resumption of teaching duties will not endanger her health.

11.1.4.3                Teachers are entitled to maternity leave for a maximum period of 15 weeks commencing on the date of their choosing, but no later than the birth of the baby.

11.1.4.4                Where possible, written notice of intent to take such leave will be forwarded to the superintendent or designate at least twelve weeks prior to commencement of the leave. The School Jurisdiction may request from the teacher a statement from a physician indicating the expected delivery date.

11.1.4.5                The teacher on maternity leave shall be eligible for one of the following options:

(a) If the absence begins prior to ten weeks before the estimated date of delivery and continues without a return to work, the teacher will be placed on sick leave until such point as the teacher is eligible to apply for extended disability benefit.

(b) If the absence begins within the ten week period before the estimated date of delivery or on the date of delivery, the teacher shall choose either i or ii below. Such choice shall apply until the teacher returns to work following delivery or until the teacher returns to work from maternity leave.

(i) The School Jurisdiction shall implement and maintain a supplementary unemployment benefits (SUB) plan which shall provide teachers on maternity leave with 100 per cent of their weekly salary under the SUB plan during 15 weeks of leave. The School Jurisdiction shall pay the portion of the teacher’s benefit plan premiums specified in 7.1 of the collective agreement for the 15 week period.

(ii) The teacher may access sick leave entitlement with pay as specified in Article 10 of the collective agreement for the period of sickness or disability.

11.1.4.6                If an audit by Human Resources Development Canada Employment Insurance mandates changes in the SUB plan to comply with Employment Insurance regulations, these changes will be made immediately and will be binding on both parties.

11.1.5    Notice of Leave Commencement

11.1.5.1                Whenever possible, a teacher shall notify the School Jurisdiction in writing at least twelve (12) weeks prior to commencement of a maternity leave. If medical reasons prevent the teacher from providing the School Jurisdiction with six (6) weeks notice, the teacher shall still be eligible for the leave provided that the teacher supplies the School Jurisdiction, within two (2) weeks of ceasing to work, a medical certificate indicating:
(a) that a medical reason prevented the teacher from giving the required notice and
(b) the estimated or actual date of delivery.

11.1.5.2                A teacher who is a birth mother who takes maternity leave is not required to provide notice prior to accessing parental leave unless she originally agreed to only access fifteen (15) weeks of maternity leave. If a teacher who had originally agreed to only access fifteen (15) weeks of maternity leave decides to then access parental leave, she must provide written notice of her intent to the School Jurisdiction at least six (6) weeks prior to commencement of the parental leave.

11.1.6    Notice of Return to Work

11.1.6.1                At least four (4) weeks prior to the end of the leave, a teacher on maternity leave shall notify the School Jurisdiction in writing:
(a) of the date of return to work, or
(b) of a change to the date of return to work.

Parental/Adoptive Leave

11.1.7    Leave Duration

11.1.7.1                A teacher who is a birth mother, father or an adoptive parent is entitled to thirty-seven (37) consecutive weeks of unpaid parental leave. If both parents are School Jurisdiction employees, the parental leave may be accessed entirely by one of the parents or shared between the parents.

11.1.7.2                At the conclusion of a parental leave, the School Jurisdiction may provide for additional leave under other provisions of this Collective Agreement.

11.1.8    Notice of Leave Commencement

11.1.8.1                A teacher shall notify the School Jurisdiction in writing of the teacher's intent to take parental leave as soon as possible but no less than six (6) weeks prior to commencement of a parental leave. If medical reasons, or circumstances related to an adoption, prevent the teacher from providing the School Jurisdiction with this notice, the teacher shall still be eligible for the leave and the teacher shall provide the School Jurisdiction with notice as soon as possible.

11.1.9    Leave Commencement

11.1.9.1                Subject to 11.1.4.1, a teacher may commence a parental leave at any time following the birth or adoption date. The parental leave must be completed within fifty-two (52) weeks of the birth or adoption date.

11.1.10  Notice of Return to Work

11.1.10.1              At least four (4) weeks prior to the end of the leave, a teacher on parental leave shall notify the School Jurisdiction in writing:
(a) of the date of return to work, or
(b) of a change to the date of return to work

11.2        Benefits – Prepayment or Repayment of Premiums During Unpaid Portion of Leave

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

11.2.2    Subject to the terms and conditions of the benefits insurance carrier policies, teachers on maternity, adoption or parental leave may make arrangements through the School Jurisdiction to prepay 100 per cent of the benefit premiums for applicable benefits provided for in the existing collective agreement, for a period of up to 12 months.

11.2.3    Notwithstanding Clause 11.2.2, subject to the terms and conditions of the benefits insurance carrier policies, upon request by the teacher, the School Jurisdiction will continue paying the School Jurisdiction portion of the benefit costs for a teacher on maternity, adoption or parental leave, for a period of up to twelve months, provided the teacher repays the teacher portion of the benefit premiums.

11.2.4    A teacher who commits to Clause 11.2.3 is responsible to repay the amount of the School Jurisdiction paid benefit premiums, and shall reimburse the School Jurisdiction upon return from the leave, in a mutually agreeable, reasonable manner over the period of no more than twelve months following the teacher’s return to duty.

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

11.2.6    If a teacher has not fully repaid the cost of benefit premiums previously paid by the School Jurisdiction under Clause 11.2.3 the teacher is not eligible to reapply for additional consideration under Clause 11.2.3.

12.          PRIVATE BUSINESS/GENERAL/PERSONAL LEAVES OF ABSENCE

12.1        Subject to operational requirements as determined by the superintendent or designate, a teacher may access temporary leave of absence of up to two (2) operational days per school year without cost to the teacher. Teachers shall be entitled to carry-over up to two (2) unused days to the next school year.

12.2        Subject to operational requirements as determined by the superintendent or designate, a teacher may access temporary leave of absence of up to one (1) operational day per school year at one hundred percent (100%) of the cost of a substitute teacher, if one is required. This day cannot be taken on a Professional Development, Teacher Convention or Faith Day.

12.3        No more than two (2) operational days in 12.1 and/or 12.2 shall be taken consecutively.

12.4        No more than one (1) operational day in 12.1 and/or 12.2 shall be used to extend Fall Break, Christmas Break, Spring Break or Summer Break unless approved by the superintendent or designate.

12.5        Extended Personal Leave

12.5.1    The School Jurisdiction may grant a teacher a personal leave of absence without pay or benefits for a period of up to one (1) year. The period of the leave will not be included in any calculation of experience increments.

12.5.2    The School Jurisdiction will endeavour 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.

12.5.3    A teacher who is granted leave under Clause 12.5.1 shall retain sick leave entitlement.

12.5.4    During a personal leave of absence without pay, the School Jurisdiction will make available and administer the normal benefit coverage, one hundred percent (100%) of the premiums to be paid by the teacher.

13.          ASSOCIATION LEAVE AND SECONDMENT

13.1        A teacher shall be granted leave of absence with pay provided the School Jurisdiction is reimbursed by the Association for the actual costs of the substitute, including the School Jurisdiction portion of statutory benefit contributions, to fulfill the duties as an elected or appointed member of the Provincial Executive Council, Discipline and Practice Review Committees, and central and local table negotiating committees.

13.2        Upon written request to the superintendent or designate, the School Jurisdiction may consider additional Association Leave. The written request shall be provided with as much notice as possible and, where possible, not less than five (5) working days in advance of the leave, stating the teacher’s name, and the date(s) and time(s) the teacher will be absent from their professional duties with the School Jurisdiction. The Association will reimburse the School Jurisdiction as per Clause 13.1. Such leaves will not be unreasonably denied.

13.3        Where the Association requests a secondment for a teacher who is elected to Provincial Executive Council, as the President of a local, or other local official already named in the collective agreement, the teacher shall be seconded on a scheduled basis up to a maximum of the teacher’s FTE provided that the amount of FTE the teacher is seconded is mutually agreed to by the School Jurisdiction, the teacher, and the Association and is at no cost to the School Jurisdiction.

13.3.1    A teacher including any member named within the scope of the collective agreement who is elected president of Association Local No. 21 shall be granted up to 0.25 FTE release time for one year and the Local shall reimburse this cost to the School Jurisdiction in accordance with 13.4.

13.4        During such secondment, the School Jurisdiction shall maintain the teacher’s regular salary, applicable allowances, and any benefit contributions required by the collective agreement and make the statutory contributions on the teacher’s behalf. The Association shall reimburse the School Jurisdiction for all payments made by the School Jurisdiction to the teacher or on his/her behalf while on secondment under this clause.

14.          OTHER LEAVES

14.1        Compassionate Leave

14.1.1    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 pay and benefits for a maximum of five (5) operational days. The School Jurisdiction recognizes that there may be circumstances where the above provisions may be extended, at full salary and benefits, and may do so at its sole discretion.

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

14.1.3    The School Jurisdiction may grant compassionate leave, with or without pay, in circumstances not covered by the foregoing.

14.2        Family Needs Leave

14.2.1    Effective the first day of the month following ratification, a teacher may use up to four (4) days per school year with pay and benefits for the purpose of supporting the medical, legal or business needs of their child, spouse or parent, where the assistance of the teacher is required.

14.3        Parental and Adoptive Leave

14.3.1    A husband shall be granted five days paternal leave with pay and benefits for the birth of his child in the time surrounding the birth. If more time is required for medical purposes, the teacher may access family needs leave through clause 14.2.

14.3.2    Five days leave with pay and benefits shall be granted to a teacher on the occasion of the adoption of a child in the time surrounding the birth or taking custody of a child.

14.4        Study Leave

14.4.1    Upon application to and permission from the School Jurisdiction and pursuant to the operational needs of the School and the School Jurisdiction, a temporary leave of absence may be granted during a school year for study purposes to advance the academic or professional standing of a teacher. Such study leave shall be for a maximum of five operational days. A teacher granted such leave of absence shall have salary deducted to cover no more than the cost of a substitute teacher as required.

14.5        Convocation/Graduation Leave

14.5.1    A teacher may use up to one (1) operational day with pay and benefits to attend the convocation at a post-secondary institution or one half (0.5) day with pay and benefits to attend the high school graduation, at which the teacher, their child or their spouse is receiving a degree or diploma.

14.6        Legal Proceeding Leave

14.6.1    A leave of absence without loss of salary and benefits shall be granted:

14.6.1.1                for jury duty or any summons related thereto, or

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

14.6.2    The teacher shall remit any witness fee or jury stipend (excluding allowances and/or expenses) set by the Court or other body.

14.7        Secondment

14.7.1    Teachers seconded from or within the School Jurisdiction shall be entitled to an experience increment for each year of secondment, be considered a full member of the School Jurisdiction and local Association, receive salary and benefits normally afforded any teacher of similar experience and position, and return to a position no less favourable than the position held prior to the secondment. Notwithstanding any of the foregoing, a teacher on secondment must comply with Section 76(5) of the Labour Relations Code as it applies to a strike vote.

15.          CENTRAL GRIEVANCE PROCEDURE

15.1        This procedure applies to differences:

a)            about the interpretation, application, operation or alleged violation of any central item including the question of whether such difference is arbitrable;

b)            about the interpretation, application or alleged violation of both a central item and a non-central item including the question of whether such a difference is arbitrable; and

c)            where the Association asserts that terms are implied or incorporated into the collective agreement including the question of whether such a difference is arbitrable.

15.2        “Central item” means any item which is in italics in this collective agreement.

15.3        A “non-central item” means any item which is not in italics in this collective agreement.

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

15.5        If there is a dispute about whether a grievance commenced under this article is properly a grievance on a central item, it shall be processed under this article unless TEBA and the Association mutually agree that the difference, or a portion of the difference, shall be referred to the local grievance procedure in Article 16.

15.6        Either TEBA or the Association may initiate a grievance by serving a written notice of a difference as follows:
a)            In the case of a grievance by the Association, by serving the notice to the Chair of the Board of Directors of TEBA.
b)            In the case of a grievance by TEBA, by serving the notice to the Coordinator of Teacher Welfare of the Association.

15.7        The written notice shall contain the following:
a)            A statement of the facts giving rise to the difference,
b)            The central item or items relevant to the difference,
c)            The central item or items and the non-central item or items, where the difference involves both, and
d)            The remedy requested.

15.8        The written notice must be served on the other party to the difference within 30 operational days of when the grieving party first had knowledge of the facts giving rise to the grievance. For the purposes of this article, the months of July and August shall not be included in the computation of the 30 operational days.

15.9        Representatives of TEBA and the Association shall meet within 15 operational days to discuss the difference or at such later date that is mutually agreeable to the parties. By mutual agreement of TEBA and the Association, representatives of the School Jurisdiction affected by the difference may be invited to participate in the discussion about the difference.

15.10     The difference may be resolved through terms mutually agreed upon by TEBA and the Association. Any resolution is binding on TEBA, the Association, the affected School Jurisdiction, and any affected teacher or teachers.

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

15.12     (a) Each party shall appoint one member as its representative on the Arbitration Board within 15 operational days of such notice and shall so inform the other party of its appointee. The two members so appointed shall, within 15 operational days of the appointment of the second of them appoint a third person who shall be the Chair. In the event of any failure to appoint or an inability to agree on the person to serve as the Chair, either party may request in writing that the Director of Mediation Services make the necessary appointment.

(b)TEBA and the Association may, by mutual agreement, agree to proceed with an Arbitration Board composed of a single arbitrator rather than a three-person Arbitration Board. In this event TEBA and the Association shall within 15 operational days of the agreement to proceed with a single arbitrator appoint a person to serve as the single arbitrator. In the event of any failure to agree on the person to serve as the single arbitrator, either party may request in writing that the Director of Mediation Services make the necessary appointment.

15.13     The Arbitration Board shall determine its own procedure but shall give full opportunity to TEBA and the Association to present evidence and to be heard.

15.14     The Arbitration Board shall make any order it considers appropriate. Without limiting the generality of the foregoing, an Arbitration Board may order that:
a)            An affected School Jurisdiction rectify any failure to comply with the collective agreement.
b)            An affected School Jurisdiction pay damages to the Association, affected teacher or teachers, or both.
c)            TEBA and the Association take actions considered fair and reasonable by the Arbitration Board.

15.15     The award of the Arbitration Board is binding on:
a)            TEBA and the Association.
b)            Any affected School Jurisdiction.
c)            Teachers covered by the collective agreement who are affected by the award.

15.16     TEBA and the Association shall bear the expense of its respective appointee and the two parties shall bear equally the expense of the Chair.

16.          LOCAL GRIEVANCE PROCEDURE

16.1        A grievance is defined as any dispute arising out of the interpretation, application, administration or alleged violation of this Collective Agreement, and further, including any dispute as to whether the difference is arbitrable, shall be dealt with, without stoppage of work or refusal to perform work, as follows:

16.2        Any reference to a period of days excludes Saturdays, Sundays and non-operational or holiday days.

16.3        Step One (Initial Conflict Resolution Procedure)

16.3.1    Such difference, hereinafter called “a grievance”, shall first be submitted by the grievor within fifteen (15) days from the date of the incident or situation giving rise to the grievance, or from the date the grievor first had knowledge of the incident, whichever is later. Such grievance shall be submitted to the Superintendent of the School Jurisdiction, and Teacher Welfare Committee (TWC) Chair, of the Local, of the Association. The superintendent and or out of scope designate shall meet with the grievor and or the Association representative within ten (10) days of the submission of the grievance, should the grievor request a meeting. The Superintendent will provide a response to the grievor, in writing, with a copy to the TWC Chair of the Local of the Association within a further ten (10) days of the meeting or submission of the grievance, as applicable.

16.4        Step Two (Grievance procedure)

16.4.1    If the grievor is not satisfied with the disposition of the grievance, or if no decision has been rendered within ten (10) days after the presentation of the grievance to the Superintendent, the grievor shall file the grievance in writing to the Superintendent of the School Jurisdiction and TWC Chair of the Local of the Association. Such submission shall be made within fifteen (15) days after the grievor receives the written outcome. Such submission shall set out the particulars regarding the nature of the grievance, the articles of this agreement which it is alleged to have been violated, and the remedy sought.

16.4.2    On notice of a grievance, the Superintendent and Chair of the TWC shall strike a grievance committee consisting of three (3) members of the School Jurisdiction and three (3) representatives of the Association to interpret, consider and render a decision as to the disposition of the grievance. The Superintendent and Chair of the TWC will set a meeting date for the committee within ten (10) days and the committee shall give its decision within twenty-one (21) days following the receipt of the grievance. If the decision cannot be rendered in that time, the Chairperson of the grievance committee shall notify the grievor in writing of the reasons for any delay in disposing of the grievance.

16.4.3    A quorum of the grievance committee shall consist of all members. The grievance committee shall meet and select a chairperson from its membership. The grievance committee shall endeavour to resolve the grievance and shall dispose of each grievance before proceeding to another, except where by unanimous consent of the grievance committee, the hearing of such grievance is adjourned for the purpose of obtaining further information. If the grievance committee reaches a unanimous decision as to the disposition of any grievance, that decision shall be final and binding.

16.5        Step Three (Arbitration Procedure)

16.5.1    If the grievance committee does not reach a unanimous or any decision, either party may, by written notice served on the other party within ten (10) days after the date on which the committee voted on the disposition of the grievance or within ten (10) days after the expiration of the said period of twenty-one (21) days, whichever is shorter, require the establishment of an Arbitration Board as hereinafter provided. If such notice is not served within the time limit, 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.

16.5.2    Each party shall appoint one (1) member as its representative on the Arbitration Board within seven (7) days of such notice and the two (2) members so appointed will endeavour to select an independent Chairperson. If the two (2) members fail to select a Chairperson within seven (7) days, either party may request the Director of Mediation Services to select a Chairperson.

16.5.3    The Arbitration Board shall determine its own procedures but shall give full opportunity to all parties to present evidence and to be heard.

16.5.4    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.

16.5.5    The Arbitration Board shall give its decisions not later than fourteen (14) days after the appointment of the Chairperson, except that with the consent of the Association and School Jurisdiction, such limitation of time may be extended. The findings and decisions of a majority (two out of three) of the members of an Arbitration Board shall be binding on the parties.

16.5.6    Each party to the grievance shall bear the expense of its respective nominee and the two (2) parties shall bear equally the expense of the Chairperson.

16.6        The purpose of the grievance provisions is to ensure that any grievance is processed in an expeditious manner; with due diligence for fair representation of both parties, therefore, compliance of the provisions is mandatory. If the School Jurisdiction 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.

17.          EMPLOYMENT

17.1        Information and Files

17.1.1    All new employees to the teaching staff shall submit documents required for employee records purposes to human resource services within 30 days of commencing employment or in accordance with the stipulated timelines as set by the agencies that provide the documentation.

17.1.2    The teachers recognize the right of the School Jurisdiction to formulate policy; in return, the School Jurisdiction recognizes the right of the teachers to be consulted.

17.2        Transfers

17.2.1    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 School Jurisdiction within the limitations of Section 104 of the current School Act.

17.2.2    Involuntary Transfers

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

17.2.2.2                In the event that such a transfer occurs, the School Jurisdiction shall pay the teacher either:

17.2.2.2.1             a reasonable daily travel allowance paid in each of the first two school years that a teacher works in this assignment. In the event that the assignment exceeds two years, the teacher may request an extension of this daily travel allowance.

17.2.2.2.2             Reasonable moving expenses to the community to which the teacher was involuntarily transferred.

17.2.2.3                It is understood that a teacher is eligible to apply for and be considered for other teaching positions at any time following notification of the transfer.

17.2.3    Administrative Transfers

17.2.3.1                Any Principal or Assistant-Principal who is required by the School Jurisdiction to transfer from the Principal’s or Assistant-Principal’s current school to any other school(s) shall receive, over the subsequent three (3) years and beginning on the date the transfer takes effect, an allowance which shall be the greater of:

17.2.3.1.1             the allowance payable at the other school(s) as computed according to Clause 4.2.1, or,

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

17.2.3.2                Any Principal or Assistant Principal with a minimum of ten (10) years service with the School Jurisdiction and a pension index of 75 or more, who is required by the School Jurisdiction to transfer to any other school shall receive over the next 5 years and beginning on the date the transfer takes effect, the greater of:

17.2.3.2.1             The allowance payable at the new school as computed according to Article 4.2.1, or,

17.2.3.2.2             The allowance that would have been payable at the previous school, or

17.2.3.2.3             The allowance payable for either school in any year of the five-year period and payable in that year and for the remaining portion of the five-year term.

17.2.3.3                Should an additional transfer occur during the three year period as per 17.2.3.1 or five year period as per 17.2.3.2, the provision of 17.2.3.2.1 will apply to any new school but does not extend the three or five-year period from the date of the original transfer.

17.2.3.4                Clauses 17.2.3.1 and 17.2.3.2 can only be accessed once by any member.

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

1.1          This Letter of Understanding is made pursuant to Article 8 of the collective agreement (Conditions of Practice). The parties agree that where teacher instructional time is compressed and where current collective agreements are silent, teachers will receive time off in relation to the additional time worked as provided for in the chart below. Days will be rounded to the nearest 0.25 for this calculation. It is recognized by both parties that flexibility is required to maintain the calendar for the School Jurisdiction but also provide assurance for teachers that increases in the length of instructional days may result in associated time off for teachers.

1.2          For the purpose of this collective agreement and notwithstanding the provisions of the School Act, Teachers’ Convention is counted as a non-instructional day.

1.3          The trial program will take place during the 2017-18 school year and expires on August 31, 2018, notwithstanding that the collective agreement is bridged by operation of law.

New Letter of Understanding # 2 – Me Too Clause/Increase Modifier

1.            For the purposes of this Letter of Understanding only, the following definitions apply:

1.1          “comparator agreement” means the provincial collective agreements listed below for the period commencing April 1, 2017:

•             Government of Alberta and the Alberta Union of Provincial Employees respecting the Locals 1, 2, 3, 4, 5, 6 and 12
•             Alberta Health Services and United Nurses of Alberta
•             Alberta Health Services and the Health Sciences Association of Alberta
•             Alberta Health Services and Alberta Union of Provincial Employees – Auxiliary Nursing
•             Alberta Health Services and Alberta Union of Provincial Employees – General Support Services

1.2          “first year” means with respect to a comparator agreement the period from April 1, 2017 to March 31, 2018.

1.3          “second year” means with respect to a comparator agreement the period from April 1, 2018 to March 31, 2019.

1.4          “general salary increase” means a salary increase percentage applied to all steps of all grids of a comparator agreement.

1.5          For greater certainty, “general salary increase” does not include market supplements or adjustments, grid adjustments, signing bonuses, reclassifications, changes to benefit premium cost sharing, new benefits or any other form of compensation whatsoever other than a common percentage increase applied to all steps of all grids applicable to each bargaining unit. It includes only such general salary increases negotiated, prior to a strike or lockout, and does not include any increases resulting from a voluntary interest arbitration award, a disputes inquiry board recommendation, or a settlement during or following a strike or lockout.

1.6          “Lump sum payment” means a one-time payment, consistent with other one-time payments sometimes referred to as signing bonuses. “Lump sum payment” explicitly does not include the continuation or renewal of lump sum payments currently provided in existing comparator agreements between employers and unions listed in Clause 1.1 of this Letter of Understanding.

2.            If a general salary increase(s) for a comparator agreement in either the first year (September 1, 2016 to August 31, 2017) or second year (September 1, 2017 to August 31, 2018) exceeds 0%, the general salary increase(s) negotiated under that comparator agreement will be applied to the salary grid, administrative allowances and daily substitute teacher rate of pay of the collective agreements with the Association in the first year or the second year respectively, and effective the same date(s) as provided in the affected comparator agreement. If more than one general salary increase is negotiated for comparator agreements, the increases shall not be compounded across multiple comparator agreements, however, the total highest such general salary increase(s) in each year will be applied to the salary grid, administrative allowances and daily substitute teacher rate of pay.

3.            If a new lump sum payment(s) for a comparator agreement in either the first year (September 1, 2016 to August 31, 2017) or second year (September 1, 2017 to August 31, 2018) is negotiated, the newly negotiated lump sum payment(s) negotiated under that comparator agreement will be applied to the collective agreements with the Association in the first year or the second year respectively, and effective the same date(s) as provided in the affected comparator agreement. If more than one newly negotiated lump sum payment is negotiated for comparator agreements, the lump sum payments shall not be compounded across multiple comparator agreements, however, the total highest of such lump sum payment(s) in each year will be applied to the salary grid, administrative allowances and daily substitute teacher rate of pay.

4.            This Letter of Understanding expires on August 31, 2018 and will not be extended beyond that date notwithstanding that the collective agreement is bridged by operation of law. This Letter of Understanding will not apply to a general salary increase or lump sum payment for a comparator agreement negotiated to be effective after August 31, 2018.

New Letter of Understanding #3 – Classroom Improvement Fund (CIF) Grant Program

1.            Each School Jurisdiction will establish a committee to support the CIF grant program. CIF committees will be composed of equal number of School Jurisdiction representatives, appointed by the School Jurisdiction or designate, and teacher representatives, appointed by the Association. Teacher representatives must be employed by the School Jurisdiction. CIF committees will have a minimum of six (6) and maximum of ten (10) equal representatives total. CIF committee may meet as viewed necessary, but shall meet at least once in the 2017-18 school year.

2.            CIF committees will be responsible for reviewing and prioritizing proposals and agreeing to the distribution of the CIF grant funds available for that School Jurisdiction. The committee will be responsible to prioritize proposals based on classroom needs and approve CIF allocation of resources up to the funds available for that School Jurisdiction.

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

4.            The School Jurisdiction must forward agreed-upon CIF proposals to Alberta Education. The decisions of the CIF committee is not subject of a grievance under this collective agreement.

Letter of Understanding #4 – Collaborative Time

The Superintendent agrees to establish an Administrative Procedure to implement a Collaborative Time program for Kindergarten to Grade 8 teachers (as well as Grade 9 at St. Luke.). Two (2) days of collaborative time will be provided for every teacher affected, the cost of the substitute to be paid by the School Jurisdiction.

Letter of Understanding #5: Our Lady of Mount Pleasant Modified School Calendars 2017/2018

In consideration of the School Jurisdiction’s approval of a modified school calendar (Appendix A) for Our Lady of Mount Pleasant School (OLMP) for the 2017/2018 School Year, and seeking fair and equitable treatment of teachers, both Parties agree to the Collective Agreement amendments as found in Appendix B.

The parties agree to meet upon the request of either party to discuss issues arising from the application of this Letter of Understanding and/or its continuance beyond 2017-18.

Letter of Understanding #6: Deferred Salary Leave Plan

The Board agrees to establish a Deferred Salary Leave Plan for teachers subject to the Canada Customs and Revenue Agency Regulations. This will be developed by way of an Administrative Procedure by October 30, 2013.

APPENDIX A – COLLECTIVE AGREEMENT AMENDMENT

Re Letter of Understanding #5 – Our Lady of Mount Pleasant Modified School Calendar 2017/2018.

Between - The Board of Trustees of the Elk Island Catholic Separate Regional Division No 41, herein called the “School Jurisdiction” and the Association, herein called the “Association”.

Given that the School Jurisdiction has approved a modified school calendar (see Appendix A) for Our Lady of Mount Pleasant School (OLMPS) and other “regular” Elk Island CSRD No 41 school calendars for the 2017/2018 school year, the parties recognize that the following shall apply to the Four Day Teachers who teach at OLMPS during the 2017/2018 school year as applicable.

1.            Definitions

Four Day Teaching Assignment

A teaching assignment at OLMPS for a fewer number of longer days than would be the case under a “regular” school calendar (the calendar applicable to the other Elk Island Catholic Separate Regional Division No 41).

Five Day Teaching Assignment

A teaching assignment at OLMPS under a “regular” school calendar (the calendar applicable to the other Elk Island Catholic Separate Regional Division No 41).

Conversion Factor

The “OLMPS 2017/2018 School Calendar Conversion Factor”, more simply referred to as the “Conversion Factor” (CF) shall calculated as follows:

ODCF = 194 (# operational days “regular” schools) /163 (# operational days OLMP) = 1.19 rounded to 1.2

IDCF = 181 (# instructional days “regular” schools) /150 (# instructional days OLMP) = 1.21 rounded to 1.2

or 163/194 = 0.84.

Depending on the clause being adjusted, the CF value shall be either 1.2 or 0.84 as applicable and noted below.

2.            Collective Agreement Amendments

These amendments do not apply to teachers who have a Five Day Teaching Assignment at OLMPS.

The parties acknowledge that the following collective agreement articles/clauses need to be adjusted accordingly for those teachers at OLMPS who have a Four Day Teaching Assignment.

Article 7 - Experience Increments

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

CF - 125 * 0.84 = 105

3.4.6                      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.

CF – 125 * 0.84 = 105

3.4.10   Substitute teachers will be granted credit for an experience increment for salary purposes, when the accumulated total or equivalent full days taught with this School Jurisdiction in a single school year is 125 days or more. Teaching days cannot be transferred from one school year to the next.

CF – 1.0 day taught at OLMP = 1.2 days taught for the purposes of clause 3.4.10

Article 5 - Substitute Teachers

5.1.2                      Effective September 1, 2016, for a full day of substitution at one location, a substitute teacher shall receive a salary of $TBD. This salary is to be adjusted on the same dates and by the same percentage increases as are applied to the salary grid.

Adjust the daily rate in effect by factor of 1.2.

5.1.4                      For a full day of substitution at two different locations on the same day, a substitute teacher shall receive a salary equal to one hundred and ten (110%) per cent of the salary for a full day of substitution.

It is understood that teaching service at OLMP shall be adjusted by the “CF” of 1.2 for applicable substitute teaching service at OLMP when calculating the 110% amount payable under clause 5.1.4.

Article 10 - Sick Leave

10.4                       A teacher on contract not covered by clause 10.2 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 School Jurisdiction during the school year, whichever is the lesser number of teaching days. A teacher in the second year of employment with the School Jurisdiction not covered by clause 10.2 shall be entitled to carry forward the unused portion of the sick leave from the previous year.

For the purposes of calculating the total number of teaching days taught in clause 10.4, each day taught at OLMP will count as 1.2 days.

12.1                        Temporary Personal Leave

Note: The cost of a substitute shall be in accordance with the rate of pay in effect as per Article 5.1.2, with the 1.2 factor applied as appropriate.

3.            Application and operation of other issues arising with respect to OLMPS Teachers on a Four Day Assignment and the 1.2 factor

1.            It is understood that the School Jurisdiction will report pensionable service to the Alberta Teachers Retirement Fund with respect to OLMPS Teachers on a Four Day Assignment’s pensionable service in accordance with the application of the 1.2 factor when and where appropriate.

2.            It is understood that where applicable and appropriate, the 1.2 factor will be applied in the calculation of number of days taught by OLMPS Teachers on a Four Day Assignment as it pertains to the application of 1/200ths

3.            It is understood that the length (hours of work) of the non-instructional operational days for OLMPS Teachers on a Four Day Assignment will align with (be equitable with) the length of the non-instructional operational days in School Jurisdiction schools falling under the School Jurisdiction’s “regular” school year calendar

4.            It is understood that the 1.2 factor will be applied in the calculation of Records of Employment (ROE) for OLMPS Teachers on a Four Day Assignment’s teaching experience.