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.

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

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

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

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.

1.2          Excluded Positions

1.2.1      Superintendent of Schools

1.2.2      Deputy Superintendent(s)

1.2.3      Associate Superintendent(s) or

1.2.4      Director(s) of Learning

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 School Jurisdiction retains all those residual rights of management not specifically limited by the terms of this Agreement.

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 ensure to the benefit of and be binding upon the parties and their successors.

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.

2.7          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      The School Jurisdiction shall pay to each teacher in its employ the salaries and allowances hereinafter set forth and computed. All sums mentioned are ‘per annum’ unless specifically stated otherwise.

3.1.2      The monthly salary for each teacher shall be one-twelfth (1/12) part of the salary in effect.

3.1.3      A teacher’s salary, normally paid in July and August, shall be paid by June 30 provided the teacher has submitted such a request to the School Jurisdiction no later than the last school day prior to May 31.

3.1.4      The teacher’s salary shall be paid to teachers on the twenty-fifth day of each month, with the exception of December (Christmas) and sometimes March or April (Easter Break) where teacher’s salary will be paid on the last instructional day of the month. If the 25th day falls on a weekend, payroll will be delivered on the preceding Friday. A payday schedule will be forwarded to each school early in the school year. It is the employee’s responsibility to provide the required information (Bank, Bank Transit Number and Personal Bank Account Number) in order to receive the electronic deposit.

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

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 salary of each teacher employed by the School Jurisdiction. The salary schedule is contained in 3.2.2.

3.2.2      Effective September 1, 2016

Effective September 1, 2017, C1, C2 and C3 of education will be eliminated. All teachers who currently receive an annual salary under C1, C2 and 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.

3.3          Education

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

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

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

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

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

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

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 3.4.3 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 earned by teachers performing required duties for at least 130 school days in the school term with the School Jurisdiction.

3.4.6      Effective until August 31, 2017, teaching experience earned by part-time teachers, or by a teacher under temporary contract, may be accumulated within three (3) consecutive year intervals. When a year of teaching experience has been accumulated by part-time teachers, or by a teacher under temporary contract, the teacher shall not begin to earn additional teaching experience until an increment has been granted at the beginning of another school year, or February 1st, whichever is applicable.

3.4.6.1   Effective September 1, 2017, teaching experience earned by part-time teachers, or by a teacher under temporary contract, may be accumulated within two (2) consecutive year intervals in accordance with clause 3.4.3.

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

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

3.4.9      Effective until August 31, 2017 the School Jurisdiction shall only recognize complete years of previous teaching experience for salary purposes provided such previous teaching experience was earned while employed by a Board of Trustees of a District, Division or County Board of Education as defined in the School Act, or by an Early Childhood Services Board operated under the guidelines of Alberta Learning.

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

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

3.4.10.1                Proof of previous experience, or proof of having applied for same must be submitted to the School Jurisdiction within forty-five (45) calendar days of commencement of employment or the first (1st) day of school of each school year or February 1st, whichever is applicable.

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

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

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

3.5          Special Consideration: Vocational Teachers

3.5.1      The initial placement of vocational teachers shall be in accordance with the grid placement, plus the following special payments:

3.5.1.1   Teachers trained under the Teacher and Vocational Trades Act will receive additional placement of one increment for each year of industrial experience (as decided by the School Jurisdiction) in the teacher’s vocational area.

3.5.1.2   Teachers trained outside or prior to the Teacher and Vocational Trades Act and employed to teach at least 50 percent (50%) of their time in vocational trades (as recognized by the Foundation Program Plan) or business education will receive half increments for each year of industrial experience, where such experience is pertinent to their teaching field, as decided by the School Jurisdiction up to a maximum of five (5) increments.

3.5.1.3   All increments combined shall be subject to the maximum for their categories of teacher training.

3.5.1.4   Teachers presently on staff may apply for re-evaluation under subsections 3.5.1.1, 3.5.1.2, and 3.5.1.3 above.

3.5.1.5   Vocational teachers who transfer to the academic teaching field shall not retain their additional placement on the salary schedule as permitted under subsections 3.5.1.1, 3.5.1.2, 3.5.1.3 and 3.5.1.4 above, unless the transfer is made at the request of the School Jurisdiction or its agent.

3.6          Other Rates of Pay

3.6.1      Service Outside the Operational Days

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

3.6.1.2   Notwithstanding 3.6.1.1, it is recognized that teachers who are in receipt of an administrative or supervisory allowance shall accept the professional responsibility of having their units operational on the opening day of school each school term, semester or other division of the school year. In a like manner, all teachers shall accept the professional responsibility of completing all activities connected with school opening and closing.

3.6.1.3   Programs operating outside of the school year will operate under separate contracts, and will not be considered part of the provisions of clauses 8.3.1, 3.6.1.1, and 3.6.1.2.

3.6.1.4   A teacher who is employed in accordance with clause 3.6.1.3 to provide such programs as instruction in credit courses for the School Jurisdiction’s summer school, shall be paid for instructional hours effective the date of ratification as per the grid below, inclusive of general holiday and vacation pay

4.            ADMINISTRATOR ALLOWANCES AND CONDITIONS OF PRACTICE

4.1          Administration Allowances

4.1.1      In addition to the foregoing salary, there shall be paid additional allowances in accordance with the following schedule. A single per student rate will be determined by population for each school, and allowances will be paid based on that rate.

4.1.2      Principal Allowances

4.1.2.1   Principals shall be paid fourteen percent (14%) of his or her position on the grid, plus per student:

4.1.3      Associate Principal Allowances

4.1.3.1   Associate principals shall be paid seven percent (7%) of his or her position on the grid, plus per student:

4.1.4      Educational Consultants Allowance

4.1.4.1   Teachers designated by the School Jurisdiction as Educational Consultants shall, in addition to their placement on the grid, be paid:

4.1.4.2   An Educational Consultant who is employed on a part-time basis for the full school year or a portion thereof shall be paid that fraction of the annual entitlement which corresponds to the fraction of time employed.

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

4.2          Acting/Surrogate Administrators – Compensation

4.2.1      In the absence of the Principal and the Associate Principal or in the absence of the Principal in a school where there is no Associate Principal, excluding in district administrator meetings, a teacher shall be designated acting principal. He /she shall be paid, per full day, an administrative allowance calculated at one-half of one two hundredth (1/200th) of the Associate Principal administrative allowance, based on a three hundred (300) student school and on the salary schedule of four years (4) education and maximum experience, for each full or half-day he/she is Acting Principal. This article does not apply to colony schools, outreach schools, anchor programs, or multiple site schools.

4.2.2      When in the absence of the principal, the associate principal or other designee acts in the principal’s place for a period of five (5) or more consecutive school days, the associate principal or other designee shall be designated as acting principal and shall receive an allowance computed as per subclause 4.1.2 effective the fifth (5th) day and every consecutive day thereafter of the period during which he or she is so designated.

4.2.3      In schools where there is no associate principal, a teacher shall be designated acting principal and will be paid in accordance with the administration allowance formula specified in Article 4.1.2 effective the fifth (5th) consecutive day of the principal’s absence, retroactive to the 1st day designated as acting principal.

4.3          Teachers with Principal Designations

4.3.1      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.

4.3.2      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.

4.3.3      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.

4.4          Other Administrator Conditions

4.4.1      Lieu Days

Effective the start of the 2017-2018 school year, upon request to the superintendent or designate, each principal and associate principal shall be granted one (1) day in lieu per school year.

4.4.2      Administrative Allowance for Administration of Multiple School Sites

4.4.2.1   In recognition of the additional administrative responsibilities for principals and associate principals assigned to multiple school community sites, an additional administrative allowances as outlined below will be allocated.

4.4.2.2   A school community site is defined as a standalone school serving the educational needs in a different and/or unique community of students and parents with a designated school parent council. For the purposes of this clause, all Hutterite schools in Golden Hills School Division will be considered together as one additional school community site. Outreach and Storefront Schools are not considered as additional school community sites.

4.4.2.3   In addition to the provisions provided in 4.1.2 and 4.1.3 a principal assigned to one or more than one school community site will receive an additional annual administrative allowance, in recognition of the additional school community(ies), of $2,000 per additional school site.

4.4.2.4   A principal who is employed on a part-time basis for the full school year or a portion thereof shall be paid that fraction of the annual additional administrative allowance which corresponds to the fraction of time employed.

4.4.2.5   A designated associate principal with the multiple school site responsibilities, who is employed on a part-time basis for the full school year or a portion thereof may be paid that fraction of half of the annual additional principal administrative allowance which corresponds to the fraction of time employed.

4.4.3      Allocation and Appointment of Administrators

4.4.3.1   In a school, that does not have a full time administrator on site (colony schools, outreach schools, anchors, multiple site school) a teacher in charge shall be designated and paid an additional allowance of $1,995 per annum.

5.            SUBSTITUTE TEACHERS

5.1          Rates of Pay

5.1.1      Substitute teachers shall be paid a per diem rate as follows including vacation pay.

5.2          Commencement of Grid Rate

5.2.1      Number of days to go on grid: A substitute teacher who teaches five (5) or more consecutive days in the same teaching position shall be paid effective the sixth (6) day and every consecutive day thereafter a daily rate equivalent to 1/200th of his/her placement on the salary schedule.

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      Substitute teachers will not be assigned supervision prior to their first instructional block of the first day of an assignment.

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.

6.2          Part-time Teachers Salaries

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

6.3          Other Part-time Teacher Conditions

6.3.1      Job Sharing

6.3.1.1   Where the School Jurisdiction approves a job sharing arrangement involving two teachers sharing a single full-time position, the parties agree that the teachers involved will share, on a prorated basis, the cost of the provisions of this collective agreement so that no additional cost to the School Jurisdiction will occur as a result of an approved job sharing agreement.

7.            GROUP BENEFITS

7.1          Group Health Benefit Plans, Carrier and Premiums

7.1.1      The School Jurisdiction shall contribute toward the costs of the various premiums as follows:

7.1.1.1   ASEBP Extended Disability Benefit, Plan D, Life and Accidental Death and Dismemberment Insurance, Plan 2 –ninety-six (96) percent of each teacher’s monthly premium.

7.1.1.2   ASEBP Extended Health Care Plan 1 –Effective September 1, 2010, Ninety-three (93) percent of each teacher’s monthly premium.

7.1.1.3   ASEBP Dental Care Plan 3 –Effective September 1, 2010, Ninety-three (93) percent of each teacher’s monthly premium.

7.1.1.4   ASEBP Vision Plan 3 –Effective September 1, 2010, Ninety-three (93) percent of each teacher’s monthly premium.

7.1.1.5   Provided that it is consistent with the provisions of the Federal Income Tax Act, the School Jurisdiction contributions under this article will be applied in the most tax advantageous manner for each teacher enrolled.

7.1.1.6   School Jurisdiction contributions will be applied in the following order:

ASEBP EHC
ASEBP Dental Care
ASEBP EDB
ASEBP Life and AD&D
ASEBP Vision Care

7.1.2      The School Jurisdiction shall deduct from the monthly salary of each teacher enrolled in said insurance plans, the teacher’s share of the monthly premiums and shall remit payment for premiums to the appropriate companies.

7.3          Group Benefits Eligibility

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

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

7.2.3      Subject to the provisions of the master policies, all teachers appointed to the staff of the School Jurisdiction after the signing of this collective agreement shall be required to enroll in these ASEBP Plans. All teachers enrolled in the plans on the signing date of this agreement shall continue to be enrolled in the plans. A teacher may be exempted from participation in the Extended Health Care Plan and the Dental Plan  upon submitting proof of participation in these or similar plans through the teacher’s spouse.

7.2.4      Subject to the Master Plan, as amended from time to time, any teacher previously exempted under the 1993/95 collective agreement shall retain that exemption if desired.

7.3          Health Spending Account

7.3.1      The School Jurisdiction will establish, exclusive to teachers on contract with the School Jurisdiction and their dependents only, a Health Spending Account based on full-time equivalency that adheres to Canada Revenue Agency (CRA) requirements.

7.3.2      Effective September 1, 2011, in the case of a teacher with a full-time equivalency of 0.5 or greater, the School Jurisdiction will contribute a monthly amount to a maximum of $650.

7.3.3      Effective September 1, 2011, in the case of a teacher with a full-time equivalency between 0.49 and 0.2, the School Jurisdiction will contribute a monthly amount to a maximum of $455.

7.3.4      Any unused balance from the plan year will be carried forward to the next plan year as allowed by CRA requirements. The carried forward amount must be used by the end of the next plan year, or it will be lost.

7.3.5      Teachers leaving the employ of the School Jurisdiction for any reason will automatically forfeit any unused balance in the teacher’s Health Spending Account.

7.3.6      This account will be administered by the Alberta School Employee Benefit Plan (ASEBP).

7.3.7      Where two teachers on a continuing contract wish to share one full-time teaching position, they may apply to the Superintendent of human resources or delegated authority for a shared job assignment. Such application must be made no later than March 15 of the school year immediately preceding the year in which the job sharing is to take place.

7.3.8      Teachers, who after April 1, 2007, request to share a single position will share the School Jurisdiction’s Health Spending Account in accordance with the full-time equivalency of the position based on each teacher’s full-time equivalency.

7.4          Other Group Benefits

7.4.1      Employment Insurance Premium Reduction

7.4.1.1   Payments towards benefit plans by the School Jurisdiction shall permit it to retain and not pass on to teachers, any rebates of employment insurance premiums.

7.4.2      Benefits for Retirees on Contract

7.4.2.1   When a teacher over age 65 is hired, the School Jurisdiction will reimburse premium costs, upon provision of receipts, to a maximum outlined in Article 7.1.

8.            CONDITIONS OF PRACTICE

8.1          Teacher Instructional and Assignable Time

8.1.1      Effective September 1, 2017, teacher instructional time will be capped at 907 hours per school year commencing the 2017-18 school year

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

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          Sabbatical Leave

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

9.2.2      Sabbatical leave may be granted at the discretion of the School Jurisdiction.

9.2.3      The remuneration of a teacher granted sabbatical leave shall be determined by the difference between category 4 minimum and 4 maximum salary rates in effect at the time the leave commences.

9.2.3.1   Sabbatical leave for the duration of a semester or trimester may be granted by the School Jurisdiction. Remuneration shall be calculated on a prorata basis in accordance with Article 9.2.3.

9.2.4      A teacher who is granted sabbatical leave shall give an undertaking in writing to return to his/her duties following the expiry of his/her leave and shall not resign or retire from teaching service other than by mutual agreement between the School Jurisdiction and the teacher, for a period of at least two (2) years after resuming duties.

9.2.5      Should a teacher, by mutual consent, resign or retire from the service of the School Jurisdiction before completing his/her two (2) years service following such leave, repayment of sabbatical leave salary shall be made to the School Jurisdiction on a prorata basis. Teachers on Extended Disability Benefits shall not have this counted as a repayment period.

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

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

9.2.8      For leaves commencing on or after September 1st, applications must be made on or before the first (1st) of March.

9.2.9      The School Jurisdiction shall consider all applications before the fifteenth (15th) of March each year. All applicants shall be informed of the School Jurisdiction’s decision on or before March 31st in each year.

10.          SICK LEAVE / Medical Certificates and Reporting

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

10.2       

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

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

c)            A teacher who has more than one (1) year of service and has been absent due to medical disability shall, upon return to full-time duty, be entitled to an additional sick leave benefit of ninety (90) calendar days.

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

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

a)            A statement, in a form approved by the School Jurisdiction, signed by the teacher substantiating the illness.

b)            At the request of the School Jurisdiction, a certificate from the teacher’s attending medical or dental practitioner where the absence is for a period of more than three (3) days.

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

10.4

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

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

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

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

10.7        When a teacher leaves the employ of the School Jurisdiction, all benefits contained under these provisions are cancelled.

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

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

11.          MATERNITY, ADOPTION AND PARENTAL LEAVE

11.1        Maternity Leave/Parental Leave/Adoption Leave

11.1.1    Teachers are entitled to maternity leave without pay for a period not exceeding eighteen (18) weeks.

11.1.2    When possible, a teacher will notify the School Jurisdiction of her leave requirements three (3) months in advance of the first day of leave. The commencement of and return from maternity leave shall be determined by the teacher. Notification of leave requirements shall be in writing. A medical certificate certifying pregnancy and expected date of delivery shall accompany such notification.

11.1.3    A teacher returning from maternity leave is entitled to a teaching position with the School Jurisdiction. Any teacher returning from maternity leave who was employed on a probationary contract immediately prior to the leave may, at the discretion of the School Jurisdiction, be offered a second probationary contract of employment.

11.1.4    The School Jurisdiction shall continue to contribute the School Jurisdiction’s share of health plan premiums during the entire maternity leave where the teacher chooses to continue coverage.

11.1.5    A teacher who is absent from teaching duties for a health related reason due to pregnancy that is substantiated by a medical certificate from a physician indicating the expected duration of the medical condition and the expected date of next assessment, shall, in lieu of salary provided in this agreement, accept supplementary unemployment benefits for the actual period of such medical condition pursuant to the medical evidence and a 95% Supplementary Unemployment Benefits plan registered by the School Jurisdiction. Effective September 1, 2014, the SUB plan will be increased to 100%. Upon ratification of a collective agreement by the parties on February 8, 2018, unless otherwise agreed by the parties, the SUB plan will return to 95%.

11.1.6    Maternity leave (other than the health related portion due to pregnancy defined in article 11.1.5) shall not be considered teaching experience for the purpose of granting salary increments.

Parental Leave

11.1.7    Teachers are entitled to parental leave without pay for a period not exceeding thirty-seven (37) weeks.

11.1.8    Teachers entitled to parental leave shall notify the School Jurisdiction, in writing, of leave requirements three (3) months in advance of the leave, if possible, and at the first opportunity to do so afterwards if the three (3) month requirement cannot be met.

11.1.9    Only one parent of an adopted child or a newborn shall be entitled to parental leave at a time. When both parents are employed by the School Jurisdiction parental leave may be split between the parents.

11.1.10  A teacher returning from parental leave is entitled to a teaching position with the School Jurisdiction. Any teacher returning from parental leave who was employed on a probationary contract immediately prior to such leave may, at the discretion of the School Jurisdiction, be offered a second probationary contract of employment.

11.1.11  The School Jurisdiction shall continue to contribute the School Jurisdiction’s share of health plan premiums during the first eight weeks of parental leave for the purpose of adoption where the teacher chooses to continue coverage.

11.1.12  Parental leave shall not be considered teaching experience for the purposes of granting salary increments.

11.1.13  Within the first year, return from parental leave shall occur when the teacher provides four weeks notice of intent to return. Return from parental leave after the first year shall occur at the beginning of a school year or the beginning of a reporting period or at such other time as mutually agreed to by the teacher and Superintendent.

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        Upon request to the principal, a teacher shall be granted one day personal leave per school year except where circumstances put such a leave in conflict with the interests of the school, such as appropriate coverage. Upon request to the Superintendent, a principal shall be granted one day personal leave per school year except where circumstances put such leave in conflict with the interests of the school.

12.1.1    For any teacher under contract for 60 days or less in a school year, the provisions of clause 12.1 do not apply.

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

12.1.3    Each teacher shall be entitled to accumulate unused personal leave to a maximum of five (5) days, in addition to the current school year entitlement. Under no circumstances shall a teacher be approved for personal leave of more than five (5) days of personal leave in any one school year. The personal leave shall not conflict with the interests of the school.

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.

13.4        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.

13.5        The School Jurisdiction shall be reimbursed 1/200th of the teacher’s salary for each day a teacher is absent to participate in the grievance procedure in any way. The teacher shall inform the Secretary-treasurer of the School Jurisdiction regarding the appropriate billing procedure. If payment is not received within 90 days of the date of billing, then the amount due shall be deducted from the teacher’s salary.

14.          OTHER LEAVES

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

14.1        Critical Illness, Death or Bereavement Leave

14.1.2    Up to three (3) school days for the critical illness and five (5) school days for the death, of a teacher’s spouse, son or daughter, parent, brother, sister, parent of spouse, grandparent, grandchild, or grandparent of spouse;

14.1.3    Up to three (3) school days for critical illness and three (3) school days for death of brother-in-law, sister-in-law, son-in-law, daughter-in-law, or other relative who is a member of the teacher’s household.

14.1.4    Up to one (1) school day for bereavement leave not covered by 14.1.1 or 14.1.2. For such leave the teacher shall reimburse the School Jurisdiction an amount equivalent to the cost of a substitute teacher.

14.1.5    Before payment is made under Article 14.1.1, the School Jurisdiction may require a medical certificate stating that critical illness was the reason for the absence.

14.2        Family Medical Leave

14.2.1    Up to two (2) school day to attend to the medical needs of the teacher’s child or spouse.

14.2.1.1                Those days referred to in Article 14.1, 14.2, 14.4.2 may be extended at the discretion of the School Jurisdiction should additional time be required for travel.

14.3        Convocation and Exam Leave

14.3.1    A teacher is entitled to leave of absence with pay for one (1) day per calendar year to attend the teacher’s own convocation or that of a teacher’s spouse.

14.3.1.1                A teacher is entitled to one day for the writing of an examination related to the teacher’s academic studies.

14.4        Impassable Roads and Inclement Weather Leave

14.1.1    A teacher who, despite reasonable effort, is unable to travel to his/her school from his/her usual place of residence because of

14.1.1.1                inclement weather,

14.1.1.2                impassable road conditions, or

14.1.1.3                failure of transportation facilities other than his/her own,

14.1.1.4                is entitled to his/her salary for the periods of absence so occasioned.

14.5        Jury Duty / Court Appearance Leave

Leave with pay shall be granted:

14.5.1    for jury duty or any summons related thereto;

14.5.2    to answer a subpoena or summons to attend any court proceedings as a witness in a cause other than the teacher’s own.

14.5.3    The teacher shall reimburse the School Jurisdiction an amount equivalent to any witness or jury fee set by the court.

14.6        Leave for Child’s Arrival

14.6.1    One (1) day leave with pay shall be provided to a teacher to attend the adoption of his/her child.

14.6.2    One (1) day of leave with pay shall be provided to a teacher occasioned by the arrival of their child (birth or adoption).

14.7        Extended Child Care Leave

14.7.1    Extended Child Care leave may be granted to a teacher without pay, allowances and other benefits of this agreement for a period up to one school year, following the period covered by maternity leave and/or parental leave:

14.7.1.1                to provide care to the teacher’s child less than two (2) years of age; or

14.7.1.2                to care for the teacher’s adopted child less than three (3) years of age or the teacher’s adopted child who is identified as a special needs child.

14.7.2    The teacher shall, in consultation with the Superintendent, determine the commencement date of the leave. This consultation and notice of leave requirements shall occur three (3) months in advance of the leave where possible, and in any event, at least one (1) month prior to the commencement of the leave.

14.7.3    A teacher requesting return prior to the expiry of the extended child care leave will be considered for appropriate vacancies.

14.7.4    Leave taken for the purpose of extended child care shall not be considered teaching experience for the purpose of granting a salary increment.

14.7.5    Only one parent shall be granted extended child care leave under these provisions.

14.6        Discretionary Leave

14.6.1    Additional leave of absence may be granted by the School Jurisdiction with or without pay.

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

If at any time the parties agree that the alleged violation is of a central nature, the local grievance shall be transferred to the central grievance procedure and the central grievance procedure time lines shall be adhered to. If the alleged violation is of a central nature and then is defined as local grievance as per clause 16.1, the central grievance shall be transferred to the local grievance procedure and the local grievance procedure time lines shall be adhered to.

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

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

16.1.2    The principles of natural justice shall be followed throughout this procedure.

16.1.3    Prior to a grievance being filed the Associate Superintendent (HR) or designate and the grievant(s), with or without an Association representative, shall meet in an attempt to resolve the dispute. This meeting shall occur within 30 operational days from the time the grievant becomes aware, or should reasonably have become aware, of the issue. Should the informal process not provide a resolution, then a formal grievance may be filed.

16.2        Step A

The grievance shall be in writing and must include a statement of the following:

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

Such written grievance shall be submitted to the Secretary-Treasurer of the School Jurisdiction, to the Chair of the local TWC or equivalent and the Coordinator of Teacher Welfare within twenty (20) operational days after receipt of a letter from Associate Superintendent or designate with regards to clause 16.1.3

The grievance shall be forwarded to a grievance committee composed of two (2) representatives of The Golden Hills School Division No. 75.   The grievance committee shall meet within twenty (20) operational days, hear from the grievant(s) with their Association representative and the Associate Superintendent (HR) or designate. The committee shall endeavour to resolve the grievance and shall render its decision in respect of the grievance within fifteen (15) operational days following the meeting.

16.3        Step B

Within ten (10) operational days of the decision of the grievance committee either party may, by written notice, require the establishment of an arbitration board as hereinafter provided.

16.4        If both parties agree, a single arbitrator may hear the case OR;

16.5        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 shall endeavour to select an independent chairman.

16.6        If the two (2) members fail to select a chairman within five (5) days after the day on which the latter of the two (2) members is appointed, they shall request the Director of Mediation Services to select a chairman.

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

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

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

16.10     Each party to a grievance shall bear the expenses of its respective nominee and the two (2) parties shall bear equally the expenses of the chairman.

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

17.          EMPLOYMENT

17.1        Information & Files

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

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

17.2        Reduction of Teaching Staff

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

17.2.1.1                Compassionate Leave

17.2.1.2                Maternity Leave

17.2.1.3                Sabbatical or other special leaves of absence

17.3        Notice for Teachers on Probationary Contract

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

17.4        Transfer

17.4.1    The School Jurisdiction may transfer teachers subject to the following conditions:

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

17.4.1.2                Teachers who are involuntarily transferred to another school shall be entitled to meet with the Superintendent of Schools prior to said transfer and receive, in writing, the reasons for the transfer.

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

17.4.1.4                The School Jurisdiction shall pay to a teacher who has been involuntarily transferred to another school, the reasonable moving expenses necessarily incurred by the teacher and the teacher’s family as a result of said involuntary transfer.

17.4.1.5                If the teacher is involuntarily transferred to another school due to downsizing or school closure, clause 17.4.1.1 above shall not apply

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 – Teacher/School Jurisdiction Professional Development Budget – Pilot Project

•             Two Year Pilot Project – (2018-2019 and 2019-2020 School Years)

•             Equal Contribution to a Central Teacher/School Jurisdiction PD Budget - $60 from Association and $60 from School Jurisdiction (maximum amount) per FTE teacher.

•             A Joint Teacher/School Jurisdiction PD Committee consisting of 3 teachers and 3 central office staff administer/manage the Central Teacher/School Jurisdiction PD Budget.

•             The Joint Teacher/School Jurisdiction PD Committee will determine application procedures and timelines, criteria for approval, method of communication to stakeholders, measures/indicators of success and will also be responsible for developing an annual report of how the PD funds were utilized.

•             At the end of the two year period, the committee will make a recommendation to the Bargaining Committees whether to continue or whether to end the pilot project based upon the realized benefits to teacher growth, support for system goals and initiatives and support for student learning.

•             Surplus/deficit funds in the first year will be carried forward to the next school year.