The Alberta Teachers’ Association

COLLECTIVE AGREEMENT

[Incorporating language agreed to during Central Table Teacher Collective Bargaining between the Teachers’ Employer Bargaining Association (TEBA) and the Alberta Teachers’ Association (Association)]

BETWEEN GRASSLANDS REGIONAL DIVISION NO 6 and THE ALBERTA TEACHERS’ ASSOCIATION

SEPTEMBER 1, 2016 to AUGUST 31, 2018

This collective agreement is made this 16th day of November 2018 between Grasslands Regional Division No 6 (School Jurisdiction) and the Alberta Teachers’ Association (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 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/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

1.2.2      deputy superintendent

1.2.3      assistant superintendent

1.2.4      director

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 management rights, unless otherwise provided by the expressed terms of this collective agreement.

1.4.1      The parties hereby recognize that basic to the proper management and administration of a school system, it is the School Jurisdiction’s right and responsibility to formulate and adopt policies and regulations.

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

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

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

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      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.

3.1.2      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.

3.1.3      The School Jurisdiction 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.

3.2          Grid

3.2.1      The following shall determine the placement on the salary schedule:

(a) The amount of teaching education in accordance with article 3.3.

(b) The length of teaching experience in accordance with article 3.4.

3.2.2      Salary Schedule

3.2.3     

(a)          Effective September 1, 2016

	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

          

(b)          Year 3 of education (grid salary category C3) will be eliminated from the Collective Agreement, effective September 1, 2017. All teachers who currently receive an annual salary under C3 will be appointed to the step within the fourth year (C4) that is nearest to, but not less than, the teacher’s current annual salary. If that step on the grid is not C4MAX, the teacher is eligible for grid movement on the basis of experience increments.

(c)           Effective September 1, 2017

		Four	Five	Six
0		59,278	62,525	66,066
1		63,139	66,407	69,973
2		67,002	70,290	73,882
3		70,862	74,173	77,788
4		74,725	78,056	81,695
5		78,587	81,939	85,602
6		82,449	85,820	89,509
7		86,310	89,703	93,417
8		90,172	93,586	97,324
9		94,034	97,468	101,230

         

3.3          Education

3.3.1      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.

3.3.2      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.

3.3.3      A teacher claiming additional teacher education and upon commencing employment with the School Jurisdiction, 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.

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      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 School Jurisdiction for not less than 120 days in a school year or 60 days in a semester with two completed semesters equaling 120 days of full service.

3.4.6      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.

3.4.7      (Effective until August 31, 2017) 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.

3.4.8      (Effective until August 31, 2017) Teaching experience obtained by a teacher prior to engagement by the School Jurisdiction is counted as if it has been teaching experience in schools under the School Jurisdiction, provided that teaching experience is documented by previous board(s).

3.4.9      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.

3.5          Special Considerations: Career and Technology Studies Placement

3.5.1      Definition: A career and technology studies teacher is one who is employed to teach one or more CTS courses at the high school level.

3.5.2      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 3.3 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 School Jurisdiction 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, provided said experience was obtained after the teacher has completed the formal training listed in 3.5.2 (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.

3.5.3      The initial placement on the salary grid, as determined by 3.5.2 (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.

3.5.4      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.

4.            ADMINISTRATOR ALLOWANCES AND CONDITIONS OF PRACTICE

4.1          Creation of New Designations/Positions

4.1.1      The School Jurisdiction 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 School Jurisdiction and the matter may be a subject for negotiation during the next round of collective bargaining between the parties to the collective agreement.

4.2          Administration Allowances

4.2.1      Principal Allowances

4.2.1.1   In addition to his salary in article 3.2.3, 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.

4.2.1.2   For the purposes of this clause, a proportionate allowance shall be paid for part-time teachers.

4.2.1.3   Principals' allowances will be based on the 3.2.3 salary schedule.

4.2.1.4   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.

4.2.1.5   A minimum allowance for a principal shall be $16,907

4.2.2      Vice Principal/Assistant Principal Allowance

4.2.2.1   In addition to his/her salary in article 3.2.3, each vice-principal shall receive 1/2 the allowance paid to the principal for their assigned school; each assistant-principal shall receive 30% of the allowance paid to the principal for their assigned school.

4.2.3      Coordinator/Consultant Allowance

4.2.3.1   In addition to the salary under clause 3.2.3, there shall be paid the following allowance to designated personnel employed by the School Jurisdiction: $8,696 per year.   

4.3          Acting/Surrogate Administrators – Compensation

4.3.1      In a school where both the principal, vice-principal and assistant principal are absent, a teacher shall be designated by the School Jurisdiction 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.

4.3.2      When, in the absence of the principal, the vice-principal, assistant principal or any other designee acts in his/her place for a period of five or more consecutive school days, the vice-principal, assistant principal or designee shall receive an allowance of 1/200 of the principal's allowance as calculated in article 4.2.1 effective on the fifth day and for every consecutive school day thereafter until the return of the principal.

4.4          Teachers with Principal Designations

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

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

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

4.5          Other Administrator Conditions

4.5.1      Allocation and Appointment of Administration

4.5.1.1   The School Jurisdiction may employ a District Principal. This person shall receive an allowance equal to the average of the principal allowances. Should the allowance be lower than the allowance paid previously to that administrator in their prior position, the allowance shall be red-circled at the higher rate for three years, or until such time as the District Principal allowance exceeds the red-circled amount, whichever comes first.

4.5.1.2   The District Principal shall be responsible for overseeing the operation of all Colony Schools, along with the other duties determined by the Superintendent or designate.

4.5.2      Administrator Lieu Time: Principals, Vice Principals and Assistant Principals shall be granted 2 days in lieu in each school year in consideration of work assigned outside of the operational calendar established by the School Jurisdiction.

5.            SUBSTITUTE TEACHERS

5.1          Rates of Pay

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

5.1.2      The rate of pay for substitute teachers shall be $214 per diem including holiday pay.

5.1.3      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.

5.2          Commencement of Grid Rate

5.2.3      Number of days to go on grid: 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.

5.2.4      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.

5.2.5      A substitute teacher employed in a teaching position and who accepts a contract of employment with the School Jurisdiction 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.

5.3          Other Substitute Teacher Conditions

5.3.3      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.

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 Benefits and Proration

6.2.1      For part time teachers, one day of leave means one of the teacher’s scheduled work days.

6.2.2      School Jurisdiction contribution for eligible part-time teachers shall be on a prorata basis.

7.            GROUP BENEFITS

7.1          Group Health Benefit Plans, Carrier and Premiums

7.1.1      The School Jurisdiction 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)

7.1.2      The School Jurisdiction shall contribute for each teacher a sum equivalent to 97 per cent of the required premiums for the Plans specified in article 7.1.1

7.1.3      Payment of the School Jurisdiction 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)

7.2          Group Benefits Eligibility

7.2.1      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 School Jurisdiction 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.

7.3          Health Spending Account

7.3.1      Effective February 1, 2008, the School Jurisdiction will establish for each eligible teacher a Health Care Spending Account that adheres to Canada Revenue Agency requirements. The School Jurisdiction 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 School Jurisdiction. 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 School Jurisdiction. 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 School Jurisdiction for any reason will forfeit any remaining balance.

7.3.2      School Jurisdiction Contribution per Month: September 2012 – August 2016 - $50.00

7.4          Other Group Benefits

7.4.1      Employment Insurance Premium Reduction

7.4.1.1   It is understood that payments towards the aforementioned health and welfare plans shall permit the School Jurisdiction to retain and not pass on to teachers any rebates of premiums otherwise required under the EI regulations.

7.4.2      Benefits for Retirees on Contract

7.4.2.1   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 School Jurisdiction shall reimburse each teacher for benefit premiums up to the equivalent amount they would have contributed had the teacher participated in all plans.

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      Staff deployment and administrative time shall be the responsibility of the superintendent or designate and principal, in consultation with his/her staff.

8.4          School Calendar

8.4.1      The School Jurisdiction shall notify teachers of the commencement date of the school year by March 31.

9.            PROFESSIONAL DEVELOPMENT

9.1          Teacher Professional Growth Plan

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

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

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

9.2          Professional Improvement Leave  (With Partial Pay)

(the amount stipulated in the collective agreement Schedule A)

9.2.1      Upon application to the School Jurisdiction 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 School Jurisdiction.

(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 School Jurisdiction before completing their two years’ service following such leave, repayment of leave salary shall be made to the School Jurisdiction 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 School Jurisdiction 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 School Jurisdiction reserves the right to refuse. Those granted professional leave shall be so informed by December 15 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 School Jurisdiction.

(e) Upon resumption of duties, the teacher will be assigned to one of the following positions with the School Jurisdiction:

(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 Jurisdiction 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)

10.          SICK LEAVE / Medical Certificates and Reporting

10.1        In the first year of service with the School Jurisdiction, teachers shall be entitled to 20 school days of sick leave at full salary.

10.2        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).

10.3        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.

10.4        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.

10.5        The employee shall provide:

(a) For illness of four (4) consecutive days or less, a statement in a form (absence form) approved by the School Jurisdiction 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 School Jurisdiction and signed by the employee substantiating the absence. In addition, the School Jurisdiction 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 School Jurisdiction and signed by the employee substantiating the absence. In addition, the School Jurisdiction 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.

11.          MATERNITY, ADOPTION AND PARENTAL LEAVE

11.1        Maternity Leave/Parental Leave/Adoption Leave 

11.1.1    The School Jurisdiction 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 School Jurisdiction’s SUB plan.

11.1.2    A pregnant teacher who has been employed by the School Jurisdiction 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.

11.1.2.1                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.

11.1.2.2                Subject to clause 11.1.2.1 the maternity leave shall include a period of at least six (6) weeks immediately following the actual date of delivery.

11.1.2.3                Notice of maternity leave. A pregnant teacher shall provide the School Jurisdiction  at least (6) weeks’ notice in writing of the day on which she intends to commence maternity leave and, if requested by the School Jurisdiction shall provide a medical certificate verifying that she is pregnant and giving the estimated date of delivery.

11.1.2.4                Shortening maternity leave. A teacher, with the agreement of the School Jurisdiction, may shorten the duration of the six (6) week period following the actual date of delivery by providing the School Jurisdiction with a medical certificate indicating that resumption of work will not endanger her health.

11.1.3    Notice of resumption of employment. Subject to clause 11.1.2.4, a teacher who wishes to resume working on the expiration of a maternity leave or parental leave shall give the School Jurisdiction 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.

11.1.3.1                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.

11.1.3.2                Where a teacher is entitled to resume work under this article, the School Jurisdiction 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.

11.1.3.3                A teacher who does not wish to resume employment after maternity or parental leave must give the School Jurisdiction at least four (4) weeks’ written notice of intention to terminate employment.

11.1.4    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 School Jurisdiction 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 School Jurisdiction 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 School Jurisdiction 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 School Jurisdiction 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 School Jurisdiction 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.

Parental Leave

11.1.5    The School Jurisdiction shall grant parental leave to a teacher, at no salary or benefit costs to the School Jurisdiction, 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 School Jurisdiction 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 School Jurisdiction 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.

11.1.6    If both parents are School Jurisdiction employees, the parental leave may be accessed entirely by one of the parents or shared by the parents. However, the School Jurisdiction is not required to grant parental leave to more than one employee at a time.

11.1.7    Notice of parental leave. A teacher must give the School Jurisdiction 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.

11.1.8    If a teacher cannot comply with the written notice requirement for any of the reasons stated under clause 11.1.7, the teacher must give the School Jurisdiction written notice at the earliest possible time of the date that the teacher will start or has started parental leave.

11.1.9    Employees who intend to share parental leave must advise their respective employers of their intention to share parental leave.

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        At Loss of Substitute Pay:

12.1.1    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.

12.1.2    A teacher may take leave for Community Service Duty (advisory board/service/club/church conferences), subject to the prior approval of the Superintendent.

12.2        At Full Pay:

12.2.1    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.

12.2.2    Should the day in 12.2.1 be unused by June 30 of a given school year, this day shall carry forward for a maximum of 2 additional school years. The maximum number of days available in this clause shall be 3. A teacher’s request to use 5 or more consecutive operational days at full, partial or loss of pay requires superintendent approval.

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.

14.          OTHER LEAVES

14.1        Critical Illness and Death Leave (At Full Pay)

14.1.1    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 designate.

14.1.2    Emergency leave may be extended at the discretion of the Superintendent or School Jurisdiction should additional time be required.

14.2        Family Medical Leave (At Full Pay)

14.2.1    Maximum of three days per school year to attend to the medical or dental needs of immediate family members (spouse, children, including guardian/foster, and parents)

14.3        Adoption/Birth Leave (At Full Pay)

14.3.1    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.

14.4        Graduation/Exam Writing Leave (At Full Pay)

14.4.1    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.

14.4.2    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.

14.4.3    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.

14.5        Inclement Weather/Impassable Roads (At Full Pay)

14.5.1    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. Teachers are expected to attend at school for the afternoon should inclement weather, impassable road conditions or failure of transportation facilities other than his/her own be remedied to allow for travel.

14.5.2    When school is closed for all students due to health reasons, inclement weather, physical plant breakdowns, teachers will not be required to attend school.

14.6        Service to Other Agencies

14.6.1    At Full Pay: 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.

14.6.2    Cost of Substitute Reimbursed by Other Sources: 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.

14.7        Jury Duty

14.7.1    For jury duty or any summons related thereto.

14.7.2    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 School Jurisdiction an amount equivalent to any witness or jury fee set by the court.

14.8        Discretionary Leave

14.8.1    Upon application, the Superintendent may grant leave with no pay, partial pay or full pay.

14.9        Deferred Salary Leave Plan

14.9.1    The School Jurisdiction shall implement a deferred salary leave plan, as approved by Revenue Canada, whereby teachers employed by the School Jurisdiction 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).

14.9.2    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 School Jurisdiction taking into account the number of years of participation of each teacher and the needs of the system.

14.9.3    A teacher’s benefits will be maintained by the School Jurisdiction 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 School Jurisdiction the full cost of any benefit premiums paid on his/her behalf.

14.9.4    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/School Jurisdiction agreement.

14.9.5    On return from leave (4.7, Schedule B), a teacher will be assigned to a position with the School Jurisdiction 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.

14.9.6    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 Jurisdiction policy.

15.          CENTRAL GRIEVANCE PROCEDURE

15.1        This procedure applies to differences:

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

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

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

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

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

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

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

15.6        Either TEBA or the Association may initiate a grievance by serving a written notice of a difference as follows:

a)            In the case of a grievance by the Association, by serving the notice to the Chair of the Board of Directors of TEBA.

b)            In the case of a grievance by TEBA, by serving the notice to the Coordinator of Teacher Welfare of the Association.

15.7        The written notice shall contain the following:

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

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

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

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

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

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

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

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

15.14     The Arbitration Board shall make any order it considers appropriate. Without limiting the generality of the foregoing, an Arbitration Board may order that:

a)            An affected School Jurisdiction rectify any failure to comply with the collective agreement.

b)            An affected School Jurisdiction pay damages to the Association, affected teacher or teachers, or both.

c)            TEBA and the Association take actions considered fair and reasonable by the Arbitration Board.

15.15     The award of the Arbitration Board is binding on:

a)            TEBA and the Association.
b)            Any affected School Jurisdiction.
c)            Teachers covered by the collective agreement who are affected by the award.

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

16.          LOCAL GRIEVANCE PROCEDURE

16.1        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:

16.2        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 School Jurisdiction.

(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.

16.3        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.

16.4        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.

16.5        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.

17.          EMPLOYMENT

17.1        Transfers

17.1.1    The School Jurisdiction 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.

17.2        Information and Files

17.2.1    The School Jurisdiction 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.

17.2.2    The School Jurisdiction will post a copy of the Collective Agreement and the School Jurisdiction’s current policy handbook and administrative procedures on the Division website.

17.2.3    The School Jurisdiction shall submit proposed School Jurisdiction policies 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.

IN WITNESS WHEREOF THE PARTIES HAVE EXECUTED THIS AGREEMENT THIS 16TH DAY OF NOVEMBER, 2018.

LETTERS OF UNDERSTANDING - CENTRAL

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.

		Maximums
	Instructional	Non Instructional	Total Days
	190	10	200
	189	11	200
	188	12	200
	187	13	200
	186	14	200
	185	15	200
	184	16	200
Base	183	17	200
	182	17.5	199.5
	181	18	199
	180	18.5	198.5
	179	19	198
	178	19.5	197.5
	177	20	197
	176	20.5	196.5
	175	21	196
	174	21.5	195.5
	173	22	195
	172	22.5	194.5
	171	23	194
	170	23.5	193.5

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 School Jurisdictions 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 - LOCAL

Letter of Understanding #4:

The School Jurisdiction and Association agree to establish a committee to explore the administrator allowance structure. The purpose of the committee will be to examine the current allowance structure and to explore possible alternatives to restructuring the administrator allowance structure, including the consultant/coordinator allowance. The committee shall conclude its work by September 1, 2018 with the purpose of informing the next round of bargaining.

The committee will consist of 8 members as follows:

• 4 members appointed by the School Jurisdiction
• 4 principals/vice-principals appointed by the Association Local

• Local appointees must include representation as follows:

• Urban
• Rural
• Div I/Div II
• Div III/Div IV

SCHEDULE A

PROFESSIONAL LEAVES

Letter of Understanding between the Association and the School Jurisdiction

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 School Jurisdiction on behalf of the Participant calculated from:

(a) the first date any of such monies have been so retained by the School Jurisdiction, or

(b) the first day of the Taxation Year, whichever is later.

"Committee" means a committee as defined by the School Jurisdiction.

"Current Compensation Amount" means the total compensation payable by the School Jurisdiction 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 clause3.1, 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 School Jurisdiction 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 School Jurisdiction.

"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 "C") and whose application for participation in the Plan has been approved by the School Jurisdiction in accordance with clause 2.2.

"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 School Jurisdiction 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 School Jurisdiction. The Superintendent of schools shall, by May 15 of that year, or at a date otherwise agreed between the School Jurisdiction and the Participant, advise each applicant of the School Jurisdiction 's approval or disapproval of his/her application, and if the latter, an explanation therefore.

2.3   Date of Participation

If the School Jurisdiction 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 School Jurisdiction, then on a date which is agreed to by the School Jurisdiction 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 School Jurisdiction. Such percentage amount will be retained by the School Jurisdiction 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 School Jurisdiction 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 School Jurisdiction in investments offered from time to time by an Eligible Investor. The committee shall choose such Eligible Investor and in making such determination the School Jurisdiction 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 School Jurisdiction, Association and Committee

The School Jurisdiction, 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 School Jurisdiction, 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 School Jurisdiction 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 School Jurisdiction 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 School Jurisdiction 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 School Jurisdiction 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 School Jurisdiction 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 School Jurisdiction in accordance with clause 3.1 for such Participants, but less any deductions made by the School Jurisdiction under clause 5.1 and any monies required by law to be paid by the School Jurisdiction for or on behalf of a Participant. During the period of leave, a Participant may not receive any salary or wages from the School Jurisdiction or any other person or partnership with whom the School Jurisdiction does not deal at arm's length except as provided in clause 6801(a) (iii) (A) or (B) of the Regulations.

4.4   School Jurisdiction's Right to Defer Leave

If the School Jurisdiction is unable to obtain a suitable replacement for a Participant for the period of a Leave of Absence specified by the Participant, the School Jurisdiction 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 School Jurisdiction 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 School Jurisdiction 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 School Jurisdiction as required by the terms of the agreement.

4.8   Salary & Benefits After Leave

5.            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 School Jurisdiction 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 School Jurisdiction and the Association. Where a Participant is obligated to pay the cost of any fringe benefit during the Leave of Absence, the School Jurisdiction 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 School Jurisdiction must withdraw from the Plan. Within 60 days the School Jurisdiction shall pay to the Participant the Deferred Compensation Amount as provided in clause 3.1.

6.2   Consent Required

In extenuating circumstances, such as financial hardship, and with the consent of the School Jurisdiction, 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 School Jurisdiction shall pay to the Participant the Deferred Compensation Amount as provided in clause 3.1.

6.3   Upon Death

Should a Participant die the School Jurisdiction shall within 30 days of notification of such death to the School Jurisdiction pay the Deferred Compensation Amount to the Participant's estate, subject to the School Jurisdiction receiving any necessary clearances and proofs normally required for payment to estates.

6.4   Balance

In any event, the School Jurisdiction 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

6.            A Participant may on one occasion while he/she is participating in the Plan give notice to the School Jurisdiction 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 School Jurisdiction 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 School Jurisdiction 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 School Jurisdiction 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 School Jurisdiction. 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 School Jurisdiction 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           Maxiwmum 25%                               

I may by written notice to the School Jurisdiction 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 School Jurisdiction 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 School Jurisdiction makes a payment under clause 4.3, 6.1, 6.2, 6.3 or 6.4.