The Alberta Teachers’ Association

This agreement is made in duplicate this 12 day of December, 2000 pursuant to the School Act, 1988 and the Labour Relations Code .

Between the Foothills School Division No 38, hereinafter called the "Board" of the first part and the Alberta Teachers' Association, a body corporate, incorporated under the laws of the Province of Alberta, hereinafter referred to as "the Association" of the second part.

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

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

Whereas, the parties desire that these matters be set forth in an agreement to govern the following terms of employment of the teachers;

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

1. Bargaining Unit

1.1 This agreement applies to those employees of the Board who as a condition of employment must possess a valid teaching certificate issued under the authority of the Department of Education, the Province of Alberta, herein collectively referred to as teachers, or, where the context requires, teacher.

1.2 Notwithstanding article 1.1, employees holding the following designation shall be excluded from this agreement:

1.2.1 superintendent

1.2.2 deputy superintendent

1.2.3 associate superintendent.

1.3 It is the right of the Board to create, determine if an allowance is applicable and fill new positions. The Board agrees to negotiate the amount of the allowance for the new position if, in accordance with article 1.1 and 1.2, the position is covered by this collective agreement.

2. Term

2.1 This agreement takes effect on September 1, 2000 and terminates August 31, 2001. Either party may give to the other not less than 60 nor more than 180 days prior to the termination of this agreement a notice in writing of its intention to commence collective bargaining with a view to striking a new agreement.

2.2 The two parties may at any time, upon their mutual consent, negotiate revisions to this agreement. Any such revisions mutually agreed upon shall become effective from such date as determined during the course of negotiations.

2.3 Notwithstanding the termination date of this agreement, if notice has been given to commence bargaining, the terms and conditions contained herein shall remain in full force and effect until otherwise altered through collective bargaining or until a strike/lockout commences, whichever comes first.

3. Salary Schedule

3.1 The following factors shall determine the placement on the salary schedule:

3.1.1 The amount of teacher education subject to the terms and conditions of article 7.

3.1.2 The length of teaching experience subject to the terms and conditions of article 8 as at September 1 of the school year or on the commencement of employment.

3.2 The salaries for each year of teacher education and experience are tabulated as follows:

Effective September 1, 2000

				Four	Five	Six
0				35,276	37,318	39,763
1				37,462	39,504	41,949
2				39,648	41,690	44,135
3				41,834	43,876	46,321
4				44,020	46,062	48,507
5				46,206	48,248	50,693
6				48,392	50,434	52,879
7				50,578	52,620	55,065
8				52,764	54,806	57,251
9				54,950	56,992	59,437
10				57,136	59,178	61,623
11				59,322	61,364	63,809

Increment

-------------- 11@2,186 --------------

two years of education - $39,648

three years of education - $44,378

4. Salary Payment

4.1 The Board shall pay all the teachers monthly 1/12 of the salary rate in effect for that month as herein set forth and computed. For the purpose of this article, allowances shall be considered to be part of salary.

4.2 Teachers' cheques shall be dated the 25 of each month (excluding July and August) and shall be distributed by the 25 of each month or the last teaching day of the month, whichever comes first.

4.3 Teachers shall receive on June 30 of each year the July and August cheques dated June 30.

4.4 Unless specifically permitted by this agreement, authorized by the teacher, or authorized by law, payment of the salary of a teacher shall not be withheld beyond the regular date of payment.

5. Allowances

Principals

5.1 Principals, other than those specified in 5.3 and 5.4, shall be paid an administrative allowance based on the number of students enrolled in the principal's school in accordance with the following schedule:

Effective September 1, 2000

0 - 250 students - $11,168

251 - 350 students - $12,780

351 - 450 students - $14,378

451 - 600 students - $16,508

601 - 800 students - $18,638

Over 800 students - $19,703

5.1.1 For the purposes of article 5.1, the student count shall be as at September 30.

Vice-Principals

5.2 Each vice-principal shall receive 50 percent of the principal's allowance.

5.2.1 When in the absence of the principal, the vice-principal acts in the principal's place for a period of five or more consecutive school days, the vice-principal shall be designated as acting principal and shall receive an allowance computed as per article 5.1 for the sixth consecutive school day and the following school days of the period during which the vice-principal is so designated.

5.2.2 In schools where there is no vice-principal, a teacher shall be designated acting principal and shall be paid in accordance with the administration allowance specified in article 5.1, effective the first complete 1/2 school day of the principal's absence.

5.3 The principal at each Hutterite Colony school and Stampede Boys Ranch shall receive an allowance as compensation for performing administrative duties.

5.3.1 A base allowance of: $2,001 effective September 1, 2000.

5.3.2 For each additional full-time equivalent teacher, an allowance of: $758 effective September 1, 2000.

5.3.3 For each part-time teacher, an allowance of: $379 effective September 1, 2000.

5.4 The principal or designate at Education Plus and at Sheep River School shall receive an allowance as compensation for performing administrative duties.

5.4.1 A base allowance of: $2,001 effective September 1, 2000.

5.5 Division coordinators shall receive an allowance per annum of: $11,168 effective September 1, 2000.

5.6 Division supervisors shall receive an allowance per annum of: $11,168 effective September 1, 2000.

5.7 The principal and each full-time equivalent teacher in a Hutterite Colony school and Stampede Boys Ranch shall receive an allowance per annum of: $1,136 effective September 1, 2000.

5.8 Payment of a travelling allowance according to the Board's expense reimbursement policy shall be made to teachers who travel on school business at the request of the Board.

5.9 A vice-principal may be appointed at the discretion of the Board when a school, regardless of its type,

5.9.1 Has reached a student enrolment of 200 students at the beginning of the school term or 220 students during the school term.

5.9.2 Has reached 10 professional staff at the beginning of the school term or 12 professional staff during the school term.

5.10 Payment for administration allowances shall commence on the effective date of appointment of the administrator.

5.11 In the event the superintendent transfers a principal or vice-principal and such transfer results in an administrative allowance that is less than the allowance the principal or vice-principal currently receives, the current allowance shall be maintained until the lower allowance matches or surpasses the current allowance.

This shall not apply if the principal or vice-principal requests a transfer. This clause shall be effective for the 1999/2000 school year and beyond.

5.12 Where the superintendent agrees to the secondment of a principal, vice-principal, division coordinator or division supervisor to another employer, such teacher shall, upon return to the division, continue to receive the same administrative allowance received immediately prior to the secondment. Once the secondment is approved, notification will be provided to the chair of the local #16 economic policy committee.

6. Substitute Teacher

6.1 A substitute teacher means a teacher employed on a day-to-day basis.

6.2 Substitute teachers shall be paid effective the first of the month following ratification of this collective agreement at the per diem rate of $130 inclusive of vacation pay in accordance with the Employment Standards Code.

6.3 A substitute teacher employed for more than four consecutive school days as a replacement for a specific teacher shall be placed on the basic salary schedule on the fifth consecutive school day according to the substitute teacher's qualifications and experience. This period of consecutive employment during the school year shall not be considered interrupted if a holiday, teachers' convention, professional development day or such other system-regulated break interrupts the teacher's continuity in the classroom.

7. Teacher Education

7.1 The evaluation of teacher education for salary purposes shall be determined by a Statement of Qualifications issued by the Alberta Teachers' Association Teacher Qualifications Service in accordance with the principles and policies established by the Teacher Salary Qualifications Board pursuant to the memorandum of agreement dated March 23, 1967, among the Department of Education, the Alberta School Trustees' Association and the Alberta Teachers' Association.

7.2 Calculation of Teacher Education

7.2.1 Within 60 days of commencement of employment with the Board, teachers shall submit a statement of qualifications from Teacher Qualifications Service or a copy of the Association's Salary Evaluation Application Form for such evaluation.

7.2.2 Teachers who complete additional training to qualify for additional teacher education shall submit an updated statement of qualifications from Teacher Qualifications Service or a copy of the Association's Salary Evaluation Application Form for such evaluation on or before December 15 for adjustments retroactive to September 1 and on or before March 15 for adjustments retroactive to January 1.

7.3 Until the teacher submits a statement of qualifications from Teacher Qualifications Service, the teacher shall be placed on the salary schedule according to the more recent acceptable statement of qualifications or according to the minimum education requirements of the teacher's teaching certificate.

7.4 If a teacher receives an evaluation which places the teacher at a higher grid position, all retroactive pay shall become due and payable at a pay period within 45 calendar days.

7.5 If the statement of qualifications or a copy of the Association's Salary Evaluation Application Form is not supplied as specified in article 7.2, salary shall be adjusted effective the beginning of the month following the submission of a statement of qualifications.

7.6 Senior High CTS Teachers

7.6.1 A senior high CTS teacher is a teacher offering instruction in a CTS (Career and Technology Studies) course where the course curriculum requires the teacher to have technical trade qualifications.

7.6.2 The Board, at its discretion, may recognize, for teacher education purposes, a senior high CTS teacher's technical trade qualifications.

7.6.3 Such recognition for teacher education purposes is limited to one further year beyond the teacher's current Teacher's Qualifications Service evaluation.

7.6.4 Such recognition for teacher education purposes will no longer be recognized if the teacher, at their request, no longer provides instruction in a CTS course where the course curriculum requires the teacher to have technical trade qualifications.

8. Teaching Experience

8.1 A year of teacher experience is any one school year during which a teacher under contract has received salary for not less than 120 days while teaching in Canada. A half year of experience is part of a school year during which a teacher under contract has received salary for not less than 60 days while teaching in Canada.

8.2 Teaching experience earned by a teacher who has taught for another school jurisdiction shall be evaluated on the same basis as if the experience was earned under the Board's jurisdiction.

8.3 The adjustment dates for changes in the number of increments allowed for teaching experience shall be the commencement of the school year and February 1.

8.4 A substitute teacher may gain a year of teaching experience on the grid by accumulating not less than 120 teaching days in a given school year.

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

8.6 Each teacher claiming additional teacher experience and each teacher commencing employment with the Board shall be placed on the salary schedule according to the level of satisfactory evidence acceptable to the Board. Satisfactory evidence shall be deemed to include documentation from previous Boards. The Board will accept a statutory declaration until satisfactory documentation has been provided.

8.7 If the documentation required in article 8.6 is not supplied within 60 days of commencement of employment, salary shall be adjusted effective the beginning of the month following the date of the submission.

8.8 Notwithstanding articles 8.1 - 8.7:

8.8.1 A teacher holding a letter of authority is not entitled to receive more than five experience increments until the teacher submits an interim or permanent certificate.

8.9 Senior High CTS Teachers

8.9.1 A senior high CTS teacher is a person offering instruction in a CTS (Career and Technology Studies) course where the course curriculum requires the teacher to have technical trade qualifications.

8.9.2 The Board, at its discretion, may recognize, for grid placement purposes, a senior high CTS teacher's technical trade experience.

8.9.3 Teachers on staff at September 1, 1998 and who have had vocational teachers trade experience recognized for salary purposes shall continue to have such experience recognized.

9. Sick Leave

9.1 Annual sick leave, with pay, will be granted to a teacher for the purpose of obtaining necessary medical or dental treatment because of accident, sickness or disability, in accordance with the following schedule:

9.1.1 In the first year of service with the Board, 2.5 days per month of employment to a maximum of 20 operational days.

9.1.2 After one year of service, 90 calendar days.

9.2 After 90 consecutive days of continuous disability, salary payment shall be terminated subject to the following provisions:

9.2.1 0.5 percent of the teacher's annual salary shall be paid for each day the teacher taught if the teacher taught for less than 100 days.

9.2.2 the annual salary shall be paid, less 0.5 percent of the annual salary, for each day the teacher does not teach if the teacher has taught 100 or more days.

9.3 Where a teacher has suffered an illness and/or has been paid under the provisions of the Alberta School Employee Benefit Plan, upon the teacher's return to duty, the teacher shall be entitled to an additional sick leave benefit in the current year in accordance with the following schedule:

9.3.1 Less than one year of service, nil.

9.3.2 After one year of service, 90 calendar days.

9.4 The sick leave credit of a teacher on an approved leave of absence will not be altered.

9.5 Payment for sick leave will be made to teachers under the foregoing regulations, subject to the following conditions:

9.5.1 A teacher who is absent from school for a period of up to (and including) three consecutive days will report as soon as possible to the school principal. A declaration explaining the absence may be requested by the superintendent on a form provided by the Board.

9.5.2 A teacher who is absent from school for more than three consecutive days shall provide the superintendent with a certificate signed by a qualified medical or dental practitioner.

9.5.3 A teacher whose sickness extends for a period of over one month may, at the discretion of the Board, be required to furnish further medical certificates at the end of each month during the period of sickness.

10. Group Insurance

10.1 The Board will make available the following Alberta School Employee Benefit or equivalent plans as mutually agreed by both parties:

ASEBP - Life, AD & D Schedule 2

ASEBP - EDB Plan D

ASEBP - EHC Plan 2; effective April 1, 2001, ASEBP EHC Plan 1

ASEBP - Dental Care Plan 3

ASEBP - Vision Care Plan 1

Alberta Health Care Insurance

10.2 Participation in the Alberta School Employee Benefit Plan (Life, AD & D Schedule 2; EDB Plan D) shall be a condition of employment for all teachers coming on staff after January 1, 1977.

10.3 Premium Contribution

10.3.1 Board monthly contributions towards the total premiums shall be as follows or as mutually agreed by both parties:

90 percent - ASEBP Life AD & D Schedule 2

90 percent - ASEBP EDB Plan D

90 percent - ASEBP EHC Plan 2; effective April 1, 2001, EHC Plan 1

90 percent - ASEBP Dental Care Plan 3

90 percent - ASEBP Vision Care Plan 1

90 percent - Alberta Health Care Insurance.

10.3.2 On October 1, 1999, the Board's maximum monthly premium shall be recalculated and specified in dollars based on 90 percent of required premiums using bargaining unit average salary as at September 30, 1999 and premium rates in effect on October 1, 1999. The maximum monthly premium contributions shall be rounded to the nearest dollar.

This clause shall be deleted from the collective agreement effective the first of the month following ratification of this collective agreement.

10.4 Provided it is consistent with the provisions of the Federal Income Tax Act, the Board contributions under this article will be applied in such a manner that the taxable benefit cost for each teacher will be reduced to as minimal level as possible based on the benefits for which each teacher is enrolled.

10.4.1 Contributions will be applied in the following order:

ASEBP EHC Plan 2; effective April 1, 2001 ASEBP EHC Plan 1

ASEBP Dental Care Plan 3

ASEBP EDB Plan D

ASEBP Vision Care Plan 1

ASEBP Life and AD & D Schedule 2

Alberta Health Care Insurance.

11. EI Premium Rebate

11.1 It is understood that payments made toward the aforementioned benefit plans shall permit the Board to retain and not pass on to teachers any rebates of premiums otherwise required under Employment Insurance regulations.

12. Professional Development and Sabbatical Fund

12.1 A fund will be available for both professional development and sabbatical leaves for teachers. The fund shall be composed of:

12.1.1 A professional development fund of $155 per teacher based on the full-time equivalent teacher count as at September 30 of the previous year; and

12.1.2 A sabbatical leave fund of 95 percent of the fourth year minimum salary as at September 30.

12.1.3 In the event that no candidate is selected for sabbatical leave, the funds for same shall be added to the professional development fund of that year.

12.1.4 All monies not used in a specific year shall be forwarded to the professional development fund of the following year.

12.2 Sabbatical leaves may be granted for periods of time equivalent to one quarter, one semester or a full year. A committee composed of three Board representatives and three teacher representatives shall select the candidate(s) for the sabbatical(s).

12.2.1 The equivalent of one full year's sabbatical leave shall be allocated each year if there are sufficient applicants.

12.2.2 All applications for a sabbatical leave shall be submitted to the superintendent by October 31, with a copy to the chairman of the professional development committee. The sabbatical committee shall review all applications and select the candidate(s) by December 15.

12.3 For the guidance of this committee the following regulations shall apply:

12.3.1 To be eligible for a sabbatical leave a teacher must have been employed by the Board for at least five years.

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

12.3.3 A teacher granted sabbatical leave shall enter into an individual written agreement with the Board on conditions under which the teacher may return to the school system at the conclusion of the leave provided this contract does not contravene the collective agreement.

12.3.4 Teachers granted sabbatical leave shall return to their duties at the beginning of the school year or the beginning of a semester, whichever occurs first, following expiration of the leave and the teacher shall not resign or retire from the services of the Board for at least two years after return to duties. If the teacher terminates employment before the two year return service commitment, then the teacher shall reimburse the professional development fund any sabbatical pay prorated.

13. Maternity Leave

13.1 Maternity leave shall be granted on the following basis:

13.1.1 A teacher who is pregnant is entitled to maternity leave without pay, allowances (if applicable) and Board contributions to group insurance premiums for a defined period of time up to two full years. If the period of leave chosen by the teacher is more than one year, the return to work date shall be the nearest start of the semester or school year or such other date as is mutually agreed.

13.1.2 The teacher shall endeavor to give at least 30 days notice in writing of the day which the teacher intends to commence maternity leave. The teacher shall provide a medical certificate from a physician indicating that the teacher is pregnant and giving the estimated date of delivery.

13.1.3 A teacher may return to duties prior to the expiry of the maternity leave providing a suitable position is available.

13.1.4 Upon request, at least 30 days prior to the expiry of the original leave, a teacher may be granted an extension of maternity leave for the balance of the semester or the school year in which the original leave terminated.

13.1.5 When a teacher returns to duties, the teacher shall be reinstated in the position occupied at the time maternity leave commenced, or be provided with alternative work of a comparable nature at not less than the teacher's grid position and benefits that were applicable at the time maternity leave commenced.

13.1.6 The provision of article 16 "Other Leaves of Absence", will apply for a teacher who wishes to extend maternity leave beyond the provisions of article 13.1.4.

13.2 The period of absence during maternity leave will not be counted as experience toward the granting of increments except for the health-related portion of the leave.

13.3 Notwithstanding article 13.1.1, a teacher who is absent from teaching duties during maternity leave for health reasons shall apply for employment insurance benefits and accept supplemental employment benefits in lieu of sick leave pursuant to the maximum payment level of the supplemental employment benefit plan maintained by the Board. A medical certificate signed by a physician indicating that the teacher is unable to work is required.

13.3.1 For those benefits that the teacher maintains coverage for during the health-related portion of maternity leave, the Board shall pay the regular Board contribution.

13.4 A teacher on maternity leave may pay on a monthly basis the premium contribution or prepay the entire sum, including the Board's portion and retain benefit coverage during the remainder of the leave.

13.4.1 While total premium costs are the teacher's responsibility during this period, the Board will continue to administer payment of these funds to the benefit plan carrier subject to the carrier's approval.

13.4.2 Failure by the teacher to prepay or make monthly payments will result in the termination of benefit plan coverage.

14. Leave for Purpose of Adoption

14.1 Leave for the purpose of adoption shall be granted on the following basis:

14.1.1 A teacher shall notify the superintendent of schools in writing, of the teacher's application to seek an adoptive child through an appropriate authority.

14.1.2 A teacher shall notify the superintendent of schools in writing, at the completion of the home study interview by an appropriate authority.

14.1.3 Upon request, the Board shall grant adoption leave without pay for a period of up to one year.

14.1.4 Commencement of leave shall occur the day following the notification of the teacher by an appropriate authority, that a child-parent match has been completed.

14.1.5 When a teacher returns to duties, the teacher shall be reinstated in the position occupied at the time adoption leave commenced, or be provided with alternative work of a comparable nature, at not less than the teacher's grid position and benefits that were applicable at the time adoption leave commenced.

14.1.6 Upon request, at least 30 days prior to the expiry of the original leave, a teacher may be granted an extension of adoption leave for the balance of the semester or school year in which the original leave terminated.

14.1.7 A teacher may return to duties prior to the expiration of leave granted under article 14.1.3, providing a suitable position is available.

14.2 Premiums for ASEB Plans and Alberta Health Care Insurance shall be paid by the teacher during the period of the leave.

14.3 A teacher shall be granted up to a maximum of three days' leave with pay, providing the Board is reimbursed for the cost of a substitute teacher, for the purposes of completing the necessary documentation, attending interviews with an appropriate authority and receiving the adoptive child.

14.4 Leave for the purposes of adoption as specified in 14.1.3, shall be without pay or sickness allowance and periods of absence will not be counted as experience toward the granting of increments.

15. Leave of Absence

15.1 A temporary leave of absence with pay will be granted whenever the teacher is absent, as follows:

15.1.1 For not more than three teaching days because of each critical illness of spouse, parent, child, brother, sister or parent of spouse. One additional day for necessary travel will be granted. Extra days may be granted at the discretion of the superintendent of schools.

15.1.1.1 For not more than three teaching days because of death of spouse, parent, child, brother, sister or parent of spouse. One additional day for necessary travel will be granted. Extra days may be granted at the discretion of the superintendent of schools.

15.1.2 For not more than two teaching days because of the death of each grandparent, grandparent of spouse, brother-in-law, sister-in-law, daughter-in-law, son-in-law or close friend. One additional day for necessary travel will be granted.

15.1.3 For one day necessary to write each examination in an academic or professional course.

15.1.4 For not more than two days to attend convocation exercises at a post-secondary institution at which the teacher, or the teacher's son, daughter, spouse or parent is receiving a degree.

15.1.5 For the days necessary to attend a conference, convention, institute, meeting, etc, as authorized and granted by the Board.

15.1.6 Because of impassable roads.

15.1.7 For not more than one day for paternity leave for the birth of the teacher's own child.

15.1.8 For negotiating the terms of the collective agreement.

15.2 Temporary leave of absence with pay, provided the Board is reimbursed by deducting from the teacher's wages the costs of a substitute teacher, may be granted to school-based teachers upon approval by the principal (if the leave occurs on a professional development, teacher preparation or teachers' convention day, this deduction shall be credited to the professional development fund). All other certificated staff, including principals, may be granted temporary leave of absence upon approval by the superintendent.

15.2.1 Who attend any public event of educational value.

15.2.2 For personal reasons for not more than three days per school year.

15.3 Leave of absence without loss of pay shall be granted:

15.3.1 for jury duty or any summons related thereto,

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

16. Other Leaves of Absence

16.1 Additional leaves of absence with or without pay may be granted to teachers for reasons deemed reasonable by the superintendent of schools.

16.2 A teacher who has been granted leave of absence without pay for in excess of 60 calendar days shall not be eligible for paid leave benefits or the employer contribution to the benefit plans set forth in article 10. However, where allowed by the provisions of a benefit plan the teacher may prepay the full premium contribution costs, including the Board's portion and retain coverage under the plan.

16.3 Subject to approval by the Board, teachers may be granted leave of absence with pay, providing the Board is reimbursed for the cost of a substitute teacher to attend legislative, executive, committee or other meetings of the Alberta Teachers' Association or to attend meetings as representatives of the Association.

17. General Conditions

17.1 Subject to the approval of the superintendent, staff deployment is the responsibility of the principal.

17.2 A teacher who is not in receipt of an administrative or supervisory allowance, who agrees at the request of the Board to provide professional service during any non-operational period, shall be paid on the basis of a half day or full day based on 1/200 of the teacher's total annual salary.

17.2.1 A teacher under contract or on the approved substitute teacher list may be employed on an hourly basis to provide tutoring and/or marking services for credit course programs offered through the Board's Education Plus facilities. The teacher shall be paid at the rate of $40 per hour, inclusive of any entitlements in accordance with the Employment Standards Code.

17.3 When school is closed by the Board for all students due to inclement weather, health reasons or physical plant breakdown, teachers shall be required to attend school unless released by the principal.

17.4 The Board shall be responsible for the moving of a teacher or shall pay, subject to prior approval, moving expenses incurred by the teacher, as a result of a Board ordered transfer to another school.

17.5 All previous collective agreements between or affecting the parties are hereby cancelled.

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

18. Protective Clause

18.1 Nothing herein contained shall reduce the total salary of a teacher below the amount payable immediately prior to the effective date of this agreement.

19. Joint Committee

19.1 Teachers recognize the right and the responsibility of the Board to formulate policy. The Board agrees that it will not implement changes in the existing Board policies regarding the present working conditions which are not covered in this collective agreement without consultation with a committee of two divisional trustees and three representatives of the ATA Local Association (one from the elementary level, one from the junior high level and one from the senior high level).

20. Grievance Procedure

20.1 Any difference between an employee covered by this agreement and the Board or, in a proper case between the Local of the Alberta Teachers' Association and the Board, concerning the interpretation, application, operation or alleged violation of this agreement and including any dispute as to whether the difference is arbitrable, shall be dealt with as follows:

20.2 Such difference (hereinafter called a "grievance") shall first be submitted in writing to the secretary-treasurer of the Board and to the secretary of the Local of the ATA. Such written submission shall be made within 60 days of the date of the incident giving rise to the grievance or the date the grievor reasonably became aware of the incident giving rise to the grievance. Such grievance shall set out the nature of the grievance, the articles of this agreement which it is alleged have been violated and the remedy sought. The secretary-treasurer shall render the Board's decision within 20 days.

20.3 In the event the grievance is not settled within 20 days after the date of submission of the grievance in accordance with the above procedure, on or before a further five days have elapsed from the expiration of the aforesaid 20 day time period, the grievance shall be referred in writing to the secretary-treasurer of the Board and the EPC chairman of the ATA Local 16, who in turn shall notify their grievance committee members. Such grievance committee shall be composed of two members of the Board and two representatives of the Alberta Teachers' Association. A quorum of the committee shall consist of all members. The grievance committee shall meet and endeavor to resolve the grievance within 21 days following receipt of the submission and shall dispose of each grievance before proceeding to another, except whereby 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.

20.4 If the grievance committee does not reach a decision within the said time, either party may by written notice served on the other party require the establishment of an arbitration board as hereinafter provided. Such notice must be given within 10 days after the date the aforesaid 21 day limit expires or the date the grievance committee renders other than a unanimous decision, whichever is shorter.

20.5 Each party shall appoint one member as its representative on the arbitration board within seven days of such notice and shall so inform the other party of its appointee. The two members so appointed shall, within five days of the appointment of the second of them, appoint a third person who shall be the chairman. In the event of any failure to appoint a chairman either party may request the Director of Mediation Services to make the necessary appointment.

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

20.7 The arbitration board shall not change, amend 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.

20.8 The findings and decision of a majority is the award of the arbitration board and is final and binding upon the parties and upon any employee affected by it. If there is not a majority, the decision of the chairman governs and it shall be deemed to be the award of the board.

20.9 The arbitration board shall give its decision not later than 14 days after the appointment of the chairman; however, this time period may be extended by written consent of the parties.

20.10 Each party to the grievance shall bear the expense of its respective appointee and the two parties shall bear equally the expense of the chairman.

20.11 All of the aforesaid time limits referred to in the grievance procedure shall apply to operational school days only.

20.12 In the event, at any stage, of the aforesaid procedure (except in respect of appointing persons to the board) the grieving party fails to take the necessary action within the time limit specified, the grievance shall be deemed to be at an end. If the party against whom the grievance has been filed fails to take the necessary action within the time limit specified, the grievance shall be deemed to be at an end and the party against whom the grievance has been filed shall be deemed to have lost.

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

21. Part-time Teachers

21.1 Part-time teachers shall be eligible for salaries and allowances on a prorata basis in the proportion that their hours of work bear to the hours of work of full-time teachers. Teachers teaching less than 0.6 are eligible for benefit contributions on a prorata basis. Teachers teaching 0.6 time or more are eligible for full benefit contributions.

21.2 Any teacher who is reduced to a part-time position by administration will retain all rights of full-time employment throughout said period. If the part-time position is terminated or if the teacher requests full-time employment, the teacher will be provided with full-time employment within one year, providing a mutually acceptable position is available.