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This collective agreement made in duplicate this ____ day of __________, 2015 pursuant to the School Act and the Labour Relations Code.
Between Grasslands Regional Division No 6 (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 called "the Association") of the second part.
Whereas the Association is the 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 those matters be set forth in a collective agreement to govern the terms of employment of the said teachers;
NOW THEREFORE THIS COLLECTIVE AGREEMENT WITNESSETH that in consideration of the premises and mutual and other covenants herein contained the parties agree as follows:
1. APPLICATION
1.1 This collective agreement applies to all employees of the Board who, as a condition of their employment, must possess a valid teaching certificate issued under the authority of the Department of Education, the Province of Alberta, herein collectively called the teachers, or where the context requires, teacher, except those designated as superintendent, deputy superintendent or assistant superintendent.
2. DURATION OF COLLECTIVE AGREEMENT
2.1 This collective agreement shall become effective September 1, 2012 and terminate August 31, 2016 and shall automatically continue from year to year thereafter, unless amended by collective bargaining. Either party may give notice in writing of its intention to commence bargaining with a view to striking a new collective agreement. Collective bargaining will commence in January prior to the termination of this agreement.
3. TEACHER EDUCATION
3.1 The evaluation of teacher education for salary purposes shall be determined by a statement of qualifications issued by the Teacher Qualifications Service in accordance with the policies and principles established by the Teacher Salary Qualifications Board.
3.2 Placement or adjustment dates for teacher education classification on the salary schedule are September 1 or February 1 of each school year or upon commencement of employment.
3.3 A teacher claiming additional teacher education and upon commencing employment with the Board, shall submit, within 60 days, either a statement of qualifications or proof of having applied for a statement of qualifications to be issued by the Teacher Qualifications Service.
4. TEACHING EXPERIENCE
4.1 For purposes of placement on the salary schedule, a teacher shall be deemed to have earned an additional year of teaching experience upon rendering service with the Board for not less than 120 days in a school year or 60 days in a semester with two completed semesters equalling 120 days of full service.
4.2 A teacher employed on a regular part-time basis, such that the equivalent of 120 full days of service cannot be accumulated in one school year, or 60 full days in one semester, shall receive an additional year of teaching experience upon the completion of the equivalent of 120 full days of service.
4.3 Additional teaching experience shall not be credited to a teacher until the commencement of the next school year or the first day of February in that school year, whichever date first occurs, after a teacher is deemed to have earned an additional year of teaching experience. In the event that a teacher has rendered more than 120 full days of service at the time an increment is credited, then the teacher shall not be entitled to carry forward or apply any days of service in excess of 120 full days.
4.4 Teaching experience obtained by a teacher prior to engagement by the Board is counted as if it has been teaching experience in schools under the Board's jurisdiction, provided that teaching experience is documented by previous board(s).
4.5 No teacher shall receive credit for teaching experience gained while not holding a valid teaching certificate. Teaching experience not to include university or college instruction or substitute teaching.
5. TEACHER PLACEMENT ON SALARY SCHEDULE
5.1 The following shall determine the placement on the salary schedule:
(a) The amount of teaching education in accordance with article 3.
(b) The length of teaching experience in accordance with article 4.
5.2 Salary Schedule
Grid—2012 09 01
|
One
|
Two
|
Three
|
Four
|
Five
|
Six
|
0
|
|
|
46,426
|
58,116
|
61,299
|
64,771
|
1
|
|
|
49,134
|
61,901
|
65,105
|
68,601
|
2
|
|
|
51,842
|
65,688
|
68,912
|
72,433
|
3
|
|
|
54,550
|
69,473
|
72,719
|
76,263
|
4
|
|
|
57,260
|
73,260
|
76,525
|
80,093
|
5
|
|
|
59,967
|
77,046
|
80,332
|
83,924
|
6
|
|
|
62,676
|
80,832
|
84,137
|
87,754
|
7
|
|
|
65,383
|
84,618
|
87,944
|
91,585
|
8
|
|
|
68,093
|
88,404
|
91,751
|
95,416
|
9-10
|
|
|
0
|
92,190
|
95,557
|
99,245
|
Grid—2013 09 01
|
One
|
Two
|
Three
|
Four
|
Five
|
Six
|
0
|
|
|
46,426
|
58,116
|
61,299
|
64,771
|
1
|
|
|
49,134
|
61,901
|
65,105
|
68,601
|
2
|
|
|
51,842
|
65,688
|
68,912
|
72,433
|
3
|
|
|
54,550
|
69,473
|
72,719
|
76,263
|
4
|
|
|
57,260
|
73,260
|
76,525
|
80,093
|
5
|
|
|
59,967
|
77,046
|
80,332
|
83,924
|
6
|
|
|
62,676
|
80,832
|
84,137
|
87,754
|
7
|
|
|
65,383
|
84,618
|
87,944
|
91,585
|
8
|
|
|
68,093
|
88,404
|
91,751
|
95,416
|
9
|
|
|
0
|
92,190
|
95,557
|
99,245
|
(Grid is effective until 2015 08 31).
Grid—2015 09 01 (Increase 2%)
|
One
|
Two
|
Three
|
Four
|
Five
|
Six
|
0
|
|
|
47,355
|
59,278
|
62,525
|
66,066
|
1
|
|
|
50,117
|
63,139
|
66,407
|
69,973
|
2
|
|
|
52,879
|
67,002
|
70,290
|
73,882
|
3
|
|
|
55,641
|
70,862
|
74,173
|
77,788
|
4
|
|
|
58,405
|
74,725
|
78,056
|
81,695
|
5
|
|
|
61,166
|
78,587
|
81,939
|
85,602
|
6
|
|
|
63,930
|
82,449
|
85,820
|
89,509
|
7
|
|
|
66,691
|
86,310
|
89,703
|
93,417
|
8
|
|
|
69,455
|
90,172
|
93,586
|
97,324
|
9
|
|
|
0
|
94,034
|
97,468
|
101,230
|
A one-time lump-sum payment of one per cent (1%) of the annual salary as set out in the Collective Agreement grid in effect as of November 15, 2015 will be paid to all teachers on contract on that date and paid no later than the end of December of 2015.
5.3 CAREER AND TECHNOLOGY STUDIES PLACEMENT
5.3.1 Definition: A career and technology studies teacher is one who is employed to teach one or more CTS courses at the high school level.
5.3.2 If, in the opinion of the superintendent of schools, it is necessary for a CTS teacher to hold a certificate of proficiency in a designated trade, in order to access government funding, the teacher's professional training and experience shall be evaluated as follows:
(a) Training
(i) the amount of teacher training in accordance with article 3 of this agreement, and
(ii) one year of additional training by virtue of a certificate of proficiency in a designated trade (Journeyman's certificate) recognized by the Alberta Apprenticeship Board or successful completion of a two year course at a school of technology, provided the trade is related to the teacher's assignment.
(iii) other related training which the Board may wish to recognize.
(iv) clause (a) (ii) does not apply when trade training has previously been given credit towards a Bachelor of Education degree.
(b) Experience
(i) one year of experience may be allowed for each year of trade experience to a maximum of five years, provided said experience was obtained after the teacher has completed the formal training listed in 5.3.2 (a) (ii) above and is related to the teacher's assignment.
(ii) recognition of training and experience referred to above shall not exceed that of a teacher on staff with equivalent training and experience.
5.3.3 The initial placement on the salary grid, as determined by 5.3.2 (a), shall remain in effect unless the teacher's instructional time in the area of the teacher's trades specialty falls below 25 per cent and shall return to the initial placement if duties return to more than 25 per cent.
5.4 If a teacher is required to teach outside of the regular school year, he/she will be compensated 1/200 of salary for each day worked.
6. ALLOWANCES
6.1 In addition to his salary in article 5, each principal shall receive, monthly, an allowance equal to 1/12 of the following schedule based on the number of teachers, including the principal and vice-principal.
—3.8 per cent of the fourth year minimum for each of the first five teachers,
—2.0 per cent of the fourth year minimum for each of the next five teachers,
—1.5 per cent of the fourth year minimum for each of the next five teachers,
—1.0 per cent of the fourth year minimum for each of the remaining teachers.
For the purposes of this clause, a proportionate allowance shall be paid for part-time teachers.
Principals' allowances will be based on the 5.2 salary schedule.
In the case of a principal being designated to more than one site, the allowance for each site will be calculated independently (excluding the minimum allowance) and combined to form the allowance for a multi-campus principal.
A minimum allowance for a principal, excluding Colony schools, shall be:
September 1, 2012 - $16, 575
Effective September 2015 - $16,907
6.2 In addition to his/her salary in article 5, each vice-principal shall receive 1/2 the allowance paid to the principal for their assigned school.
6.3 In a school where both the principal and vice-principal are absent, a teacher shall be designated by the Board to be acting principal and shall be paid an amount equivalent to 1/200 of 50 per cent of the principal's allowance for each full day of the designation.
6.4 When, in the absence of the principal, the vice-principal or any other designee acts in his/her place for a period of five or more consecutive school days, the vice-principal or designee shall receive an allowance of 1/200 of the principal's allowance as calculated in article 6.1 effective on the fifth day and for every consecutive school day thereafter until the return of the principal.
6.5 The Board may create and fill administrative, supervisory or other positions, where a teaching certificate is a requirement of the position. Any allowance for the new position shall be established by the Board and the matter may be a subject for negotiation during the next round of collective bargaining between the parties to the collective agreement.
6.5.1 In addition to the salary under clause 5, there shall be paid the following allowance to designated personnel employed by the Board.
Consultant
September 1, 2012 $8,525 per year
September 1, 2015 $8,696 per year
7. SUBSTITUTE TEACHERS
7.1 A substitute teacher means a teacher employed on a day-to-day basis.
7.2 The rate of pay for substitute teachers shall be:
$209 per diem including holiday pay effective September 1, 2012.
Effective September 1, 2015, $214 per diem including holiday pay.
Substitute teachers with a half day teaching assignment will be paid 60 per cent of the per diem rate. Two half day teaching assignments on the same day will be considered a full day teaching assignment.
Rate of pay for a teacher employed on a substitute basis who fills the same teaching position for more than five consecutive teaching days shall be, effective the sixth consecutive teaching day, according to placement on the salary schedule subject to the terms of this agreement.
7.3 A substitute teacher who has been placed on the basic salary schedule is expected to attend professional development days and teachers' convention and will continue to be paid 1/200 of the appropriate yearly salary for each day, when these days fall during the period of designated employment.
7.3.1 A substitute teacher who has not been placed on the basic salary schedule is not expected to attend PD and convention, however, these days will not interrupt the "five consecutive school days" concept. Upon resumption of duties, replacing the same teacher, this count will continue from where it left off before the PD day or convention.
7.4 A substitute teacher employed in a teaching position and who accepts a contract of employment with the Board for the same teaching position shall be placed on the basic salary schedule effective the first day of this substitute teaching assignment according to the terms of this collective agreement.
8. PAYMENT OF SALARY
8.1 For the purpose of this article, administrative allowances shall be considered to be part of salary and shall commence on the effective date of appointment of the administrator.
8.2 Teachers under contract, except substitutes, shall be paid on the closest banking day on or prior to the 25th day of each month, excluding December, which shall be paid on the last teaching day.
8.3 The Board shall pay teachers monthly, 1/12 of the salary in effect. Any teacher requiring their July and August cheques with their June cheques, must make application in writing by June 1.
Leaves
For part time teachers, one day of leave means on of the teacher’s scheduled work days.
9. SICK LEAVE - LEAVE OF ABSENCE AT FULL PAY
9.1 In the first year of service with the Board, teachers shall be entitled to 20 school days of sick leave at full salary.
Temporary or interim contract teachers will have the equivalent sick leave entitlement prorated to the length of their term (calculated at the equivalent of 2 sick days per month.
During the second and subsequent continuing years annual sick leave with full salary will be available for 90 calendar days. A teacher who has accessed sick leave due to medical disability shall, upon return to full-time duty, have the entitlement reinstated.
9.2 Sick leave with pay will be granted to the teacher for the purpose of obtaining necessary personal medical or dental treatment or on account of injury, illness or disability to the extent hereinafter provided.
9.3 The employee shall provide:
(a) For illness of four (4) consecutive days or less, a statement in a form (absence form) approved by the Board and signed by the employee substantiating the illness.
(b) For illness of more than four (4) consecutive days, a statement in a form (absence form) approved by the Board and signed by the employee substantiating the absence. In addition, the Board or Superintendent may require a statement from a qualified medical or dental practitioner, at no cost to the employee and this statement may be required prior to duties
(c) For illness of more than 10 (10) consecutive days, a statement in a form (absence form) approved by the Board and signed by the employee substantiating the absence. In addition, the Board or Superintendent shall require a statement from a qualified medical or dental practitioner, at no cost to the employee and this statement shall be required prior to returning to duties, verifying illness and return to work authorization.
9.4 Family Medical – Maximum of two days per school year to attend to the medical or dental needs of immediate family members (spouse, children, including guardian/foster, and parents)
10. EMERGENCY LEAVE - LEAVE OF ABSENCE AT FULL PAY
10.1 A teacher may take leave for not more than five teaching days, if necessary, due to a critical illness/death of a relative of the teacher or of the teacher’s spouse, or other person if approved by the Superintendent or Board
10.2 Emergency leave may be extended at the discretion of the Superintendent or Board should additional time be required.
11. GRADUATION/EXAM WRITING - LEAVE OF ABSENCE WITH FULL PAY
11.1 A teacher may take leave for a period of one teaching day, plus one teaching day for traveling, if necessary, per school year to attend the teacher's convocation of a university or graduation from a post-secondary institution.
11.2 A teacher may take leave for not more than two teaching days per school year for the purpose of writing examinations or defending a capstone, thesis or dissertation in academic or professional courses.
11.3 A teacher may take leave for the period of one teaching day, plus one teaching day for traveling, if necessary, to attend the convocation or graduation from a post-secondary institution of his/her spouse or child.
12. PERSONAL - LEAVES AT LOSS OF SUBSTITUTE PAY
12.1 Personal leave for not more than four teaching days in any school year shall be granted for attending to private concerns. Where possible, at least one day advance notice shall be given to the principal, or in the case of a principal, to the Superintendent or his/her office.
Effective September 1, 2014, subject to operational requirements of the school, personal leave for not more than three (3) teaching days shall be granted to teachers on a contract of five (5) months or longer for attending to private concerns. Where possible, at least one week advanced notice shall be given to the principal, or in the case of a principal, to the Superintendent or his/her office
12.2 A teacher may take leave for Community Service Duty (advisory board/service/club/church conferences), subject to the prior approval of the Superintendent.
13.0 OTHER - LEAVE OF ABSENCE AT FULL PAY
13.1 Effective September 1, 2014, subject to operational requirements of the school, personal leave for not more than one (1) teaching day shall be granted to teachers on contract of 5 months or longer for attending to private concerns. Where possible, at least one (1) week advanced notice shall be given to the principal or in the case of a principal to the superintendent.
13.2 A teacher who, despite reasonable efforts is unable to travel to his/her school because of inclement weather, impassable road conditions or failure of transportation facilities other than his/her own, is entitled to his/her salary for the periods of absence so occasioned.
13.3 Teachers may be approved for leave by the Superintendent or designate to be absent to attend in-service meetings or Alberta Education committees, athletic or cultural associations or other events pertinent to the conduct of approved programs in the Division.
13.4 (a) for jury duty or any summons related thereto.
(b) to answer a subpoena or summons to attend any court proceedings as a witness in a cause other than the teacher’s own. The teacher shall reimburse the Board an amount equivalent to any witness or jury fee set by the court.
13.5 Upon application, the Superintendent may grant leave with no pay, partial pay or full pay.
Cost of Substitute Reimbursed by Other Sources
13.6 Teachers may be approved for leave by the Superintendent or designate and by the Staff Development Committee to attend conferences, workshops and meetings, deemed worthwhile to the professional growth of the individual and or the Division. Substitute teacher costs will be either reimbursed from other sources or in the case of the Staff Development Committee will be deducted from the annual allocation given to the committee.
13.7 A teacher may take leave to attend meetings or other functions at the request of officials of the provincial or local ATA. In addition the ATA Local President shall be authorized to draw on a bank of 20 release days in any school year. The Board shall be reimbursed the cost of the substitute teacher defined as the daily rate of the substitute as per clause 7.2 plus boards portions of CPP and EI premiums for any absences for ATA purposes.
14. ADOPTION / BIRTH LEAVES - LEAVE OF ABSENCE AT FULL PAY
14.1 Upon request, a teacher shall be granted two days of leave to attend to the birth or adoption of his or her child. This leave is to be accessed within one (1) week from the date of birth or adoption or date the mother or child is released from the hospital.
15. MATERNITY & PARENTAL LEAVES
15.1 The Board will administer maternity and parental leaves in compliance with the provisions of the Employment Standards Code of Alberta and any regulations made thereto, and in accordance with the Board’s SUB plan.
15.2 A pregnant teacher who has been employed by the Board for 52 consecutive weeks is entitled to maternity leave without pay as outlined below. During the maternity leave, the teacher, if eligible to participate, is entitled to continue benefit coverage.
15.2.1 A pregnant teacher referred to above is entitled to maternity leave of:
(a) a period not exceeding fifteen (15) weeks commencing at any time during the period of twelve weeks immediately preceding the estimated date of delivery, and not later than the date of delivery; and
(b) if the actual date of delivery is after the estimated date of delivery, an additional period of time consisting of the time between the estimated date of delivery and the actual date of delivery.
15.2.2 Subject to clause 15.2.1 the maternity leave shall include a period of at least six (6) weeks immediately following the actual date of delivery.
15.2.3 Notice of maternity leave. A pregnant teacher shall provide the Board at least (6) weeks’ notice in writing of the day on which she intends to commence maternity leave and, if requested by the Board shall provide a medical certificate verifying that she is pregnant and giving the estimated date of delivery.
15.2.4 Shortening maternity leave. A teacher, with the agreement of the Board, may shorten the duration of the six (6) week period following the actual date of delivery by providing the Board with a medical certificate indicating that resumption of work will not endanger her health.
15.3 Notice of resumption of employment. Subject to clause 15.2.4, a teacher who wishes to resume working on the expiration of a maternity leave or parental leave shall give the Board at least four (4) weeks’ written notice of the date on which the teacher intends to resume work. Notice must be provided not later than four (4) weeks before the end of the leave period to which the teacher is entitled, or four (4) weeks before the date on which the teacher has specified as the end of the teacher’s leave period, whichever is earlier.
15.3.1 A teacher must resume work on the date specified in the written notice, and if the teacher fails to return to work on that date, the teacher is not entitled to resume work subsequently unless the failure to return to work resulted from unforeseeable or unpreventable circumstance of an emergency nature.
15.3.2 Where a teacher is entitled to resume work under this article, the Board must:
(a) reinstate the teacher in the position occupied when maternity or parental leave started; or
(b) provide the teacher with alternative work of a comparable nature at not less than the earnings and other benefits that had accrued to the teacher when the maternity or parental leave started.
15.3.3 A teacher who does not wish to resume employment after maternity or parental leave must give the Board at least four (4) weeks’ written notice of intention to terminate employment.
15.4 The Board of Trustees recognizes the right of eligible teachers to be granted a maternity leave, a portion of which may be health related. The Board will maintain a Supplemental Unemployment Benefit Plan (Sub Plan) under the regulation of Canada Employment and Immigration, Coverage and Premium Policy Division, to be accessed by eligible employees granted maternity leave under this policy, for the health related portion of the maternity leave.
(a) The Board shall implement and maintain a Supplemental Unemployment Benefits Plan (SUB) for eligible employees to access sick leave benefits for the health-related portion of the maternity leave. After 90 consecutive calendar days of disability, the teacher shall apply for extended disability benefits (ASEBP) and the SUB payments shall cease.
(b) The employee must provide the Superintendent of Schools with a statement and a medical certificate signed by a duly licensed and qualified physician specifying the length and particulars of the health-related portion of the maternity leave.
(c) Each eligible employee shall verify, to the satisfaction of the Superintendent of Schools that the employee is in receipt of EI benefits by providing a copy of each EI cheque stub.
(d) The employee shall apply for unemployment insurance (EI) benefits when eligible to do so.
(e) The Board shall supplement the EI benefits received by the employee to a maximum of 95% or as set out by Canada Employment and Immigration of the employee’s normal weekly earnings, during the health-related portion of the maternity leave, falling within the EI entitlement period.
(f) The Board shall pay its portion of the employee’s benefit plan premiums during the health-related portion of the maternity leave as specified in Article 11 of the Collective Agreement.
(g) The remainder of the maternity leave not covered by the health-related portion shall be without pay and without Board contributions to benefit plan premiums.
(h) The employee shall not be entitled to any supplementation of EI benefits for any period during which the employee would not have worked but for being on maternity leave.
(i) Payments received under the supplementation plan will not reduce the claimant’s accumulated sick leave, severance pay or any other accumulated credits from employment or any payments in respect of guaranteed annual remuneration or in respect of any deferred remuneration plan.
(j) The SUB plan is financed by the general revenues of the Division.
(k) Record of payments under the SUB plan will be identified separately in the Division’s payroll and accounting records.
15.5 Parental Leave
The Board shall grant parental leave to a teacher, at no salary or benefit costs to the Board, in the following circumstances:
(a) in the case of a teacher entitled to maternity leave, a period of not more than thirty-seven (37) consecutive weeks immediately following the last day of the teacher’s maternity leave;
(b) in the case of a parent who has been employed by the board for at least fifty-two (52) consecutive weeks, a period of not more than thirty-seven (37) consecutive weeks within fifty-two (52) weeks after the child’s birth.
(c) in the case of an adoptive parent who has been employed by the board for at least fifty-two (52) consecutive weeks, a period of not more than thirty-seven (37) consecutive weeks within fifty-two (52) weeks after the child is placed with the adoptive parent for the purpose of adoption.
15.5.1 If both parents are Board employees, the parental leave may be accessed entirely by one of the parents or shared by the parents. However, the Board is not required to grant parental leave to more than one employee at a time.
15.5.2 Notice of parental leave. A teacher must give the Board at least six (6) weeks of notice of the date the teacher will start parental leave unless:
(a) the medical condition of the birth mother or child makes it impossible to comply with this requirement; or
(b) the date of the child’s placement with the adoptive parent was not foreseeable.
15.5.3 If a teacher cannot comply with the written notice requirement for any of the reasons stated under clause 15.5.2, the teacher must give the Board written notice at the earliest possible time of the date that the teacher will start or has started parental leave.
15.5.4 Employees who intend to share parental leave must advise their respective employers of their intention to share parental leave.
16. PROFESSIONAL IMPROVEMENT – LEAVE OF ABSENCE WITH PARTIAL PAY
(the amount stipulated in the collective agreement Schedule A)
16.1 Upon application to the Board a teacher may be granted a leave of absence for study to upgrade the teacher's academic or professional status or for other reasons acceptable to the Board.
(a) A teacher who is granted professional leave shall give an undertaking in writing to return to their duties following expiration of their leave and shall not resign from teaching service, other than by mutual agreement between the Superintendent and the teacher, for a period of at least two school years after resuming their duties. Should a teacher resign or retire from service of the Board before completing their two years’ service following such leave, repayment of leave salary shall be made to the Board on a pro rata basis.
(b) All applications for professional leave shall be submitted to the Superintendent by November 1st preceding the school year in which the professional leave is to commence. Applications outside of this date may be considered.
(c) The Board shall, after reviewing the applications for professional leave, grant a minimum of one such leave per l00 teachers. Where there is only one application, the Board reserves the right to refuse. Those granted professional leave shall be so informed by December l5 preceding the school year in which the professional leave is to commence.
(d) Professional leave may be applied for after five years or during the fifth year of continuing service with the Board.
(e) Upon resumption of duties, the teacher will be assigned to one of the following positions with the Board:
(i) the same position previously vacated by the teacher
(ii) a position similar to that previously vacated by the teacher, or
(iii) a position for which the teacher is qualified in accordance with his/her training and /or experience.
A teacher returning from leave shall be returned to the same school unless the teacher has requested a transfer or has been transferred in accordance with School Board policy.
(f) The following criteria for professional leave will be considered:
—Interviews will be held with the applicants
—Seniority
—Performance in present position
—Direct application to Division programs
—Extra-curricular application and contribution
—Present academic preparation
—Preservation of job (retraining in other areas)
17. DEFERRED SALARY LEAVE PLAN
17.1 The Board shall implement a deferred salary leave plan, as approved by Revenue Canada, whereby teachers employed by the Board have the opportunity of taking a one-year leave of absence on a deferred compensation basis, on the terms and conditions described in the plan (Schedule B).
17.2 An eligible teacher shall mean a teacher employed pursuant to a contract that continues in force from year-to-year. The maximum number of participants on leave of absence in any one year shall be subject to a decision of the Board taking into account the number of years of participation of each teacher and the needs of the system.
17.3 A teacher’s benefits will be maintained by the Board during his/her leave of absence, provided the teacher requests such in writing three months prior to date of leave. The teacher shall pay to the Board the full cost of any benefit premiums paid on his/her behalf.
17.4 No increments will be earned by a Participant during the period of leave unless the leave time is used in such a manner that increments would normally be granted as determined in the Association/Board agreement.
17.5 On return from leave (4.7, Schedule B), a teacher will be assigned to a position with the Board in accordance with the following priorities:
(a) the same position previously vacated by the teacher.
(b) a position similar to that previously vacated by the teacher, or
(c) a position for which the teacher is qualified in accordance with his/her training and/or experience.
A teacher returning from leave shall be returned to the same school unless the teacher has requested a transfer or has been transferred in accordance with school board policy.
18. TRANSFERS
18.1 The Board shall pay to a teacher it has transferred to another school more than 10 km from their existing position school, the moving expenses necessarily incurred by the teacher as the result of such transfer to a maximum of $2,000 (receipts required). This does not apply to a teacher who has requested a transfer.
19. GROUP INSURANCE PLANS
19.1 The Board will effect and maintain:
(a) Alberta School Employee Benefit Plan (ASEBP)
Extended Disability Plan D
Life, Accidental Death and Dismemberment Schedule II
Extended Health Care Plan I
Dental Care Plan III
Vision Plan 3
(b) Alberta Health Care Insurance (AHC)
19.2 Subject to the provisions of the master policies of the Alberta School Employee Benefit Plan and the Alberta Health Care Insurance regulations, all eligible teachers shall participate in the Extended Disability Plan D, Life Insurance Schedule II, Extended Health Care Plan I, Dental Plan III and Alberta Health Care Insurance Plan as a condition of employment. Teachers who were in the employ of the Board as of December 31, 1994 and not participants of the Extended Health Care Plan I, Dental Plan III and Alberta Health Care Insurance Plan, shall not be forced to join.
Effective September 1, 2012, the Board shall contribute for each teacher a sum equivalent to 95 per cent of the required premiums for the plans specified in article 19.1.
Effective September 1, 2014, the Board shall contribute for each teacher a sum equivalent to 97 per cent of the required premiums for the Plans specified in article 19.1.
Payment of the Board contributions for a teacher shall be applied in the following order.
(1) Extended Health Care Plan I
(2) Dental Care Plan III
(3) Vision Plan 3
(4) Extended Disability Plan D
(5) Life, Accidental Death and Dismemberment Schedule II
(6) Alberta Health Care Insurance (AHC)
19.4 Board contribution for eligible part-time teachers shall be on a prorata basis.
19.5 It is understood that payments towards the aforementioned health and welfare plans shall permit the Board to retain and not pass on to teachers any rebates of premiums otherwise required under the EI regulations.
19.6 Effective February 1, 2008, the Board will establish for each eligible teacher a Health Care Spending Account that adheres to Canada Revenue Agency requirements. The Board will contribute per month the amount set out below for each FTE teacher, excluding any administration fees. This contribution shall be pro-rated for teachers employed less than full-time with the Board. For the purposes of this clause, eligible teacher shall mean a teacher employed on a contract of at least five consecutive months duration, and shall only be payable when the teacher is in receipt of salary from the Board. The unused balance each year will be carried forward for one additional year for a total accumulation of two years. The teachers leaving the employ of the Board for any reason will forfeit any remaining balance.
Board Contribution per Month:
September 2011 – August 2012 - $50.00
September 2012 – August 2016 - $50.00
19.7 Notwithstanding the above, for teachers who are in receipt of a pension who are employed under a contract and are not eligible to enrol in ASEBP, the Board shall reimburse each teacher for benefit premiums up to the equivalent amount they would have contributed had the teacher participated in all plans
20. GRIEVANCE PROCEDURE
20.1 The following grievance procedure is in accordance with the requirements of the Labour Relations Code and provides for the peaceful settlement of any differences arising from the interpretations, application or operation of this collective agreement, including any questions as to whether the differences are arbitrable and shall be dealt with as follows:
Step 1 - Such differences (hereinafter called a grievance) shall first be submitted in writing to the secretary of the Local of the Association and the secretary-treasurer of the Board.
(a) Such written submission shall be made within 30 days from the date the griever first had knowledge of the alleged violations.
(b) The submission shall set out the nature of the grievance, the clauses of this collective agreement which are alleged to have been violated and the remedy sought.
Step 2 - In the event the grievance is not settled within 15 days from the date of the submission in accordance with step 1, then within a further period of 15 days the grievance shall be referred in writing to the grievance committee.
(a) Such grievance committee shall consist of two representatives of the Association and two representatives of the Grasslands Regional Division No 6.
(b) This grievance committee shall meet and endeavor to resolve the grievance and shall render its decision within 15 days following receipt of the submission.
(c) If the majority of the grievance committee reaches a decision as to the disposition of the grievance, that decision shall be final and binding on both parties. A majority decision shall be the decision of three members of the grievance committee.
Step 3 - In the event the grievance committee does not meet within 15 days following receipt of the submission, or in the event that the committee does not reach a majority or unanimous decision within the said time limitations, then either party may, by written notice to the other party, require the establishment of an arbitration board as hereinafter provided.
(a) Such notice must be given within 10 days after the date the 15 day limitation in step 3 expires.
(b) Concurrently with the notice by the party requiring the establishment of an arbitration board, the party shall name its nominee to the Board and the recipient of the notice, shall, within five days, inform the other party of its nominee to the Board.
(c) The two nominees so appointed shall within five days of the appointment of the second of them, appoint a third person, who shall be chairman of the arbitration board. In the event of failure to agree on the appointment of a chairman, any party may request the Director of Mediation Services to make the necessary appointment.
Step 4 - The arbitration board shall hear and determine the grievance and shall issue an award in writing not later than 15 days after commencement of the hearings, provided that this time period may be extended by written consent of the parties.
(a) Such award shall be final and binding upon the parties and upon any employee affected by it.
(b) The decision of a majority of the arbitration board is the award of the Board, but where there is no majority (or unanimity) the decision of the chairman governs and shall be deemed to be the award of the Board.
(c) The arbitration board by its decision shall not alter, amend or change the terms of this agreement.
(d) Each party to the grievance shall bear the expense of its respective nominee and the two parties shall bear in equal proportions the expense of the chairman.
(e) All the aforesaid time limitations in the steps shall be exclusive of Saturdays, Sundays and other holidays and in the event that at any stage of the aforesaid procedures (except in respect of appointing persons to a board) a party fails to take the necessary action within the time limit specified, the grievance procedure shall be deemed to be at an end.
(f) Any of the aforesaid time limits may be extended at any stage by mutual consent of the parties.
21. GENERAL
21.1 The parties hereby recognize that basic to the proper management and administration of a school system, it is the school Board’s right and responsibility to formulate and adopt policies and regulations.
21.2 Staff deployment and administrative time shall be the responsibility of the superintendent or designate and principal, in consultation with his/her staff.
21.3 The Board and the Association recognize the advantage and acknowledge the mutual benefits to be derived from communication through the various channels that are available to them.
21.4 The Board shall submit proposed Board regulations pertaining to teachers to the elected representatives of its teaching staff during the time which schools are operating. The teachers shall be given at least four weeks or such time as mutually agreed upon to respond to these proposals. The teachers may respond to these proposals in such manner as they may desire.
21.5 If the Board wishes to change the commencement date of the school year, it shall notify the teachers of such change at least six months prior to the commencement of that school year.
21.6 The Board will post a copy of the Collective Agreement and the Board’s current policy handbook on the Division website.
21.7 When school is closed for all students due to health reasons, inclement weather, physical plant breakdowns, teachers will not be required to attend school.
21.8 This agreement shall enure to the benefit of and be binding upon the parties and their successors.
21.9 All previous collective agreements between or affecting the parties are hereby cancelled.
21.10 Nothing contained herein shall reduce the salary of a teacher below the amount payable immediately prior to the effective date of this collective agreement.
SCHEDULE A
PROFESSIONAL LEAVES
Letter of Understanding between the Alberta Teachers’ Association and Grasslands Regional Division No 6
Professional leave for a complete school year – 70% of fourth year minimum of the current salary schedule in effect during the teacher’s leave of absence or a greater amount if funded by an external source.
Professional leave for a complete semester – 35% of fourth year minimum of the current salary schedule in effect during the teacher’s leave of absence or a greater amount if funded by an external source.
SCHEDULE B
DEFERRED SALARY LEAVE PLAN
1. Definitions
2. Application
3. Funding for Leave of Absence
4. Taking of Leave of Absence
5. Fringe Benefits
6. Withdrawal
7. Suspension from Participating in the Plan
8. Termination or Amendment of Plan
DEFERRED SALARY LEAVE PLAN
1. DEFINITIONS
"Accrued Interest" in respect of a Taxation Year means the amount of interest earned in accordance with clause 3.3 on the monies retained by the Board on behalf of the Participant calculated from:
(a) the first date any of such monies have been so retained by the Board, or
(b) the first day of the Taxation Year, whichever is later.
"Committee" means a committee as defined by the Board.
"Current Compensation Amount" means the total compensation payable by the Board to the Participant for the school year, including his/her proper grid salary and all allowances, per the Collective Agreement.
"Deferral Period" shall be the number of years for which compensation is deferred in accordance with clause 3.1, including the years referred to in clauses 4.4 and 4.5, if applicable.
"Deferred Compensation Amount" means the portion of the Current Compensation Amount which is retained by the Board for a Participant in each year in accordance with clause 3.1 and augmented from time to time by interest thereon calculated in accordance with clause 3.3 but less all interest paid to the Participant in accordance with clause 3.4.
"Eligible Investor" means any Canadian chartered bank, or trust company authorized to carry on business in the province of Alberta and who maintains Canada Deposit Insurance, and any credit union authorized to carry on business in the province of Alberta or the treasury branches of Alberta.
"Eligible Teacher" means a teacher as defined by Policy of the Board. 7.3.2.4 (Professional Staff Leave and Absences)
"Leave of Absence" means the period of time described in clause 4.1.
"Participant" means an Eligible Teacher who has completed a Memorandum of Agreement (Schedule "B") and whose application for participation in the Plan has been approved by the Board in accordance with clause 2.3.
"Plan" means the plan set out in this schedule, and includes all amendments thereto.
"Regulations" means the regulations under the Income Tax Act (Canada).
"Taxation Year" means the calendar year.
2. APPLICATION
2.1 Formal Application
In order to participate in the Plan, an Eligible Teacher must make written application by way of Schedule "B" to the Superintendent of schools on or before March 31, or at a date otherwise agreed between the Board and the Participant, stating the date of participation in the Plan and the school year in which the Leave of Absence is to be taken.
2.2 Approval
The approval of each application made under clause 2.1 shall rest solely with the Board. The Superintendent of schools shall, by May 15 of that year, or at a date otherwise agreed between the Board and the Participant, advise each applicant of the Board's approval or disapproval of his/her application, and if the latter, an explanation therefore.
2.3 Date of Participation
If the Board gives its approval in accordance with clause 2.2, the participation of the Eligible Teacher in the Plan will become effective on the date requested by the Eligible Teacher, or if such date is not agreed to by the Board, then on a date which is agreed to by the Board and the Eligible Teacher.
3. FUNDING FOR LEAVE OF ABSENCE
Funding for the Leave of Absence shall be as follows:
3.1 Compensation Deferred
During each school year prior to the leave of absence, the Participant, for a maximum of six school years will receive his/her Current Compensation Amount, less the percentage amount which the Participant has specified in the Memorandum of Agreement for the school year in question which is to be retained by the Board. Such percentage amount will be retained by the Board and be invested in accordance with clause 3.3.
3.2 Maximum Percentage Deferred
The percentage of the Current Compensation Amount deferred by the Participant cannot exceed the percentage amount obtained when 100 percent is divided by the number of years the Participant states he/she will participate in the plan, including the Leave of Absence year. Notwithstanding the preceding, the maximum deferred in any one Taxation Year shall not exceed 33 1/3 percent of the portion of the Current Compensation Amount received by the Participant in that Taxation Year. This formula applies even if the Leave of Absence is deferred under clauses 4.4 and 4.5.
3.3 Investment of Deferred Compensation
The monies retained by the Board for each Participant, in accordance with clause 3.1, including interest thereon (until paid out in accordance with clause 3.4) shall be pooled and shall be invested and reinvested by the Board in investments offered from time to time by an Eligible Investor. The committee shall choose such Eligible Investor and in making such determination the Board and members of the Committee shall not be liable to any Participant for any investments made which are authorized by this clause.
3.3.1 Non-Liability of Board, Association and Committee
The Board, the Association and members of the committee shall not be liable to any Participant or Participants for the acts or defaults of each other or for any error in judgment or for any act of omission or commission in the administration or management of the monies retained, provided such monies have been invested in an institution authorized by the provisions of this clause. The Board, the Association and members of the Committee shall not be liable to any Participant or Participants for any loss suffered in respect to any investment or investments of the monies retained, whether complete loss or partial loss, either direct loss or indirect loss, provided the investment or investments were made in an institution authorized by the provisions of this clause.
3.4 Payment of Accrued Interest
On December 31 of each Taxation Year during the Deferral Period, the Board shall pay to the Participant the Accrued Interest in respect of that Taxation Year as specified in clause 6 of the Memorandum of Agreement. The Participant hereby irrevocably directs the Board to cause the Eligible Investor chosen by the Committee in accordance with clause 3.3 to make such payment on his behalf into an account of the Participant with the Eligible Investor.
3.5 Reporting to Participants
The Secretary Treasurer shall make an annual report to each Participant as to the amount of deferred salary retained by the Board for such Participant, including any interest earned thereon which has been paid out in accordance with clause 3.4. The annual report shall be made no later than July 31 of each year while the Participant participates in the Plan.
3.6 Administrative Expenses
“Administrative expenses" mean internal costs normally incurred by the Board and not external charges such as may be incurred for the administration of the investment component of the Plan or for consultation, advice, or audit.
4. TAKING OF LEAVE OF ABSENCE
The taking of a Leave of Absence shall be governed by the following provisions:
4.1 Qualification to Participate
In no case shall the Leave of Absence be for a period of less than six months and each Participant shall return to employment for a period of time at least equal to the period of the Leave of Absence.
4.2 Manner of Payment During Leave
The manner of payment to the Participant during the Leave of Absence shall be in installments commencing September 30, being approximately equal to one-twelfth of the monies held by the Board for the Participant in accordance with clause 3.1 as determined at the beginning of the Leave of Absence, unless otherwise directed by the Participant prior to September 1 of the Leave of Absence. In no event shall payment be made more frequently than monthly.
4.3 Amount of Payment During Leave
The salary to be paid to a Participant during a Leave of Absence shall be related to the monies retained by the Board in accordance with clause 3.1 for such Participants, but less any deductions made by the Board under clause 5.1 and any monies required by law to be paid by the Board for or on behalf of a Participant. During the period of leave, a Participant may not receive any salary or wages from the Board or any other person or partnership with whom the Board does not deal at arm's length except as provided in clause 6801(a) (iii) (A) or (B) of the Regulations.
4.4 Board's Right to Defer Leave
If the Board is unable to obtain a suitable replacement for a Participant for the period of a Leave of Absence specified by the Participant, the Board may in its discretion, defer the Leave of Absence on one occasion for one school year. In such case, the Participant may choose to remain in the Plan or he/she may withdraw from the Plan, in which case the Board shall pay to the Participant the Deferred Compensation Amount in one lump sum payment within 60 days of such withdrawal. In no circumstances shall a postponement extend the Deferral Period beyond six years.
4.5 Participant's Right to Defer Leave
Notwithstanding the date shown in paragraph 2 of the Memorandum of Agreement for a requested Leave of Absence, a Participant may, on one occasion only, with the consent of the Board given not less than six months prior to the scheduled date, postpone such leave for one year. In no circumstance shall a postponement extend beyond six years.
4.6 Year's Leave of Absence
The year's Leave of Absence shall immediately follow the Deferral Period.
4.7 Position on Return
On return from his/her Leave of Absence, the Participant will be assigned to a position with the Board as required by the terms of the agreement.
4.8 Salary & Benefits After Leave
After participation in the Plan, the Participant's salary and benefits will be as set out in the Collective Agreement then in force between the Board and the Association governing the matter.
5. FRINGE BENEFITS
The providing of fringe benefits will be as follows:
5.1 Payment
During a Leave of Absence, the responsibility for payment of premiums for fringe benefits for a Participant shall be as set forth in the Collective Agreement then in force between the Board and the Association. Where a Participant is obligated to pay the cost of any fringe benefit during the Leave of Absence, the Board shall pay such cost on behalf of the Participant on his/her request and deduct the monies so paid from the monies otherwise payable to the Participant during the Leave of Absence.
6. WITHDRAWAL
6.1 Upon Termination of Employment
A Participant who ceases to be employed by the Board must withdraw from the Plan. Within 60 days the Board shall pay to the Participant the Deferred Compensation Amount as provided in clause 4.4.
6.2 Consent Required
In extenuating circumstances, such as financial hardship, and with the consent of the Board, a Participant may withdraw from the Plan at any time prior to March 31 in the year in which the Leave of Absence is scheduled to occur. Within 60 days of such withdrawal the Board shall pay to the Participant the Deferred Compensation Amount as provided in clause 4.4.
6.3 Upon Death
Should a Participant die the Board shall within 30 days of notification of such death to the Board pay the Deferred Compensation Amount to the Participant's estate, subject to the Board receiving any necessary clearances and proofs normally required for payment to estates.
6.4 Balance
In any event, the Board shall pay to the Participant the Deferred Compensation Amount or any remaining balance thereof on or before December 31 of the first Taxation Year commencing after the end of the Deferral Period.
7. SUSPENSION FROM PARTICIPATION IN THE PLAN
7.1 Notice to Suspend
A Participant may on one occasion while he/she is participating in the Plan give notice to the Board stating that the Participant wishes to suspend his/her participation in the Plan for a period of one year as at September 1 which immediately follows such notice, in which case the Board shall pay the Current Compensation Amount to the Participant as if he/she were not participating in the Plan for such year, but the amounts previously retained by the Board and interest thereon in accordance with clause 3.3 (but less all interest paid to the Participant in accordance with clause 3.4) shall, subject to clause 6.4, continue to be held by the Board until the Participant withdraws from the Plan or takes a Leave of Absence.
7.2 Reinstatement
If a Participant has given notice in accordance with clause 7.1, the Participant's participation in the Plan shall be reinstated commencing on September 1 which immediately follows the year in which his/her participation has been suspended.
8. TERMINATION OR AMENDMENT OF PLAN BY AGREEMENT
8.1 The Plan may be amended or terminated by the Board. Any amendment(s) shall be binding upon all present and future Participants.
8.2 Not to Prejudice Ruling
No amendment shall be made to the Plan which will prejudice any tax ruling which is applicable to the Plan prior to the amendment.
SCHEDULE C
DEFERRED SALARY LEAVE PLAN MEMORANDUM OF AGREEMENT
I have read the terms and conditions of the agreement between the Board of Trustees of Grasslands Regional Division #6 and Participant setting up the Deferred Salary Leave Plan (the "Plan") and understand same and I agree to participate in the Plan under the following terms and conditions. All capitalized terms have the same meaning as in the Plan.
1. PURPOSE
The main purpose of my enrollment in the Plan is to permit me to fund a Leave of Absence, and not to provide me with benefits on or after retirement.
2. ENROLMENT DATE
My enrolment in the Plan shall become effective for the school year commencing.
3. NUMBER OF YEARS OF PARTICIPATION
I shall participate in the Plan for school years and my Leave of Absence shall immediately follow thereafter, subject to the provisions of paragraph 4 below.
4. YEAR OF LEAVE
In accordance with clause 4.6, I shall take my Leave of Absence during the 20 / school year but I shall have the right in accordance with clause 4.5 to postpone such leave for one school year and the Board shall have the right to defer such leave for one school year in accordance with clause 4.4.
5. FUNDING OF LEAVE OF ABSENCE
In accordance with clause 3.1, I direct that the percentage amounts as set out in this clause be withheld from the Current Compensation Amount with respect to my participation in the Plan for the following school years:
First Year
|
_______ %
|
Fourth Year
|
_______ %
|
Second Year
|
_______ %
|
Fifth Year
|
_______ %
|
Third Year
|
_______ %
|
Sixth Year
|
_______ %
|
In accordance with clause 3.2, the maximum percentage of Current Compensation Amount deferred in any one year cannot exceed 100 percent divided by the number of years in the Plan including the Leave of Absence year, without taking into account any deferral under clauses 4.4 and 4.5.
Two Years
|
Maximum 33 1/3%
|
Five Years
|
Maximum 20%
|
Three Years
|
Maximum 33 1/3%
|
Six Years
|
Maximum 16.67%
|
Four Years
|
Maximum 25%
|
|
|
I may by written notice to the Board given prior to September 1 in any given year alter the percentage amounts for that or any subsequent year.
(Note: To be completed for the school year up to the school year in which the Leave of Absence specified in paragraph 4 above is to commence.)
PAYMENT OF ACCRUED INTEREST
I direct the Board to pay Accrued Interest to me on each of the following dates:
(i) the December 31 which occurs at the end of the Taxation Year in which I have become a Participant;
(ii) each December 31 occurring after the date specified in clause i) above; and
(iii) the last day of the Leave of Absence or when the Board makes a payment under clause 4.4, 6.1, 6.2, 6.3 or 6.4.