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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 HIGH PRAIRIE SCHOOL DIVISION NO. 48 and THE ALBERTA TEACHERS’ ASSOCIATION
SEPTEMBER 1, 2016 to AUGUST 31, 2018
This collective agreement is made this ___ of _________________, 2018 between High Prairie School Division No. 48 (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 negotiation between the parties; and
WHEREAS the parties desire that these matters be set forth in agreement;
NOW THEREFORE THIS AGREEMENT WITNESSETH that 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 a School Jurisdiction and the Association.
1.2 Excluded positions:
(a) Superintendent
(b) Deputy Superintendent
(c) Assistant Superintendents
(d) Up to 3 Supervisors who must be based in central office and not performing classroom instruction.
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 Except as may be abridged by the terms hereof, the management of the school system and the staff is reserved and vested in the School Jurisdiction, with no implied obligation intended.
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 Salary payment shall be made on or before the second last banking day of each month except as provided under Section 111(6) & (7) of the School Act.
3.1.2 Teachers, if they request the same in writing prior to May 15th, shall receive their July and august pay on July 10th of that year.
3.2 Grid
3.2.1 All salaries and allowances referred to herein are in respect to a school year, unless specifically stated otherwise.
3.2.2 The number of years of teacher education and teaching experience, computed according to this Agreement, shall together determine the basic annual salary rate for each teacher employed by the School Jurisdiction.
3.2.3 Tabulated below are the minimum and maximum basic salary rates and experience increments for each year of teacher education:
Effective September 1, 2016
Years of Teaching
Experience
|
Years of Teacher Education
|
|
One
|
Two
|
Three
|
Four
|
Five
|
Six
|
0
|
43,697
|
43,697
|
49,897
|
59,871
|
62,533
|
66,747
|
1
|
45,860
|
45,860
|
52,093
|
63,666
|
66,412
|
70,562
|
2
|
48,023
|
48,023
|
54,286
|
67,459
|
70,288
|
74,380
|
3
|
50,185
|
50,185
|
56,484
|
71,252
|
74,164
|
78,198
|
4
|
52,347
|
52,347
|
58,677
|
75,042
|
78,038
|
82,016
|
5
|
54,509
|
54,509
|
60,875
|
78,837
|
81,915
|
85,831
|
6
|
56,671
|
56,671
|
63,071
|
82,626
|
85,792
|
89,649
|
7
|
58,836
|
58,836
|
65,266
|
86,418
|
89,665
|
93,466
|
8
|
60,998
|
60,998
|
67,461
|
90,213
|
93,542
|
97,281
|
9
|
63,154
|
63,154
|
69,657
|
94,004
|
97,419
|
101,100
|
Effective September 1, 2017
Years of Teaching
Experience
|
Years of Teacher Education
|
|
|
|
|
Four
|
Five
|
Six
|
0
|
|
|
|
59,871
|
62,533
|
66,747
|
1
|
|
|
|
63,666
|
66,412
|
70,562
|
2
|
|
|
|
67,459
|
70,288
|
74,380
|
3
|
|
|
|
71,252
|
74,164
|
78,198
|
4
|
|
|
|
75,042
|
78,038
|
82,016
|
5
|
|
|
|
75,837
|
81,915
|
85,831
|
6
|
|
|
|
82,626
|
85,792
|
89,649
|
7
|
|
|
|
86,418
|
89,665
|
93,466
|
8
|
|
|
|
90,213
|
93,542
|
97,281
|
9
|
|
|
|
94,004
|
97,419
|
101,100
|
3.3 Education
3.3.1 The evaluation of a teacher’s education for salary purposes shall be determined by a statement of qualifications issued by the Alberta Teacher Qualifications Service in accordance with the policies and principles approved by the Teacher Salary Qualifications Board established under Memorandum of Agreement among Department of Education, The Alberta Teachers’ Association, and the Alberta School Trustees’ Association (the Alberta School Boards’ Association), dated March 23, 1967.
3.3.2 Placement on the salary schedule shall be according to the number of years of teacher education on the first day of school of each school year or on February 1, or when employment commences at a subsequent date, to the date of commencement of employment.
3.3.3 Until the teacher submits a statement of TQS evaluation or proof of application for same, he/she shall be placed on the salary schedule according to the most recent TQS evaluation. In the event that a TQS evaluation or proof of application for same is not available, the teacher shall be paid at not more than year four (4) of the grid.
3.3.4 Each teacher claiming additional teacher education, and each teacher commencing employment with the School Jurisdiction shall supply a statement of qualifications from the TQS, or evidence of having applied for the same to the School Jurisdiction within sixty (60) calendar days from commencement of the school year or from the date of commencement of employment.
3.3.5 When a statement of qualifications of TQS evaluation is submitted as provided under Clause 3.3.4, the teacher’s salary shall be adjusted retroactively to the first day of school of the school year or February 1, or when employment commenced at a subsequent date, to the date of commencement of employment.
3.3.6 If a statement of qualifications from the TQS or evidence of having applied for same is not submitted as provided under Clause 3.3.4, salary shall be adjusted effective the beginning of the month following such submission.
3.3.7 Notwithstanding Clause 3.3.5 and 3.3.6, no teacher’s salary shall be adjusted unless a statement of qualifications from TQS is received on or before the last day of August of each school year.
3.4 Experience
3.4.1 Teachers shall gain experience while holding a valid Alberta teaching certificate or its equivalent, and working while:
a) under contract in a position that requires a teaching certificate as a condition of employment, excluding leaves of absence without salary and vacation periods; and
b) employed as a substitute teacher within the preceding five (5) years.
3.4.2 A teacher shall be granted only one (1) experience increment during any one (1) school year.
3.4.3 Previously unrecognized experience gained in one school year with a School Jurisdiction may be carried over for calculation of experience increments in the following school year with that same School Jurisdiction.
3.4.4 Provisions 3.4.1 through 3.4.4 take effect on September 1, 2017 and shall not be applied retroactively other than to permit unrecognized experience gained in the 2016-17 school year with a School Jurisdiction being carried over for calculation of experience increments in the 2017-18 school year with that same School Jurisdiction.
3.4.5 For salary purposes, an experience increment shall be any school year in which a teacher has taught for one hundred and thirty (130) days or more. Effective until August 31, 2017, a teacher who taught for eighty (80) days, but less than one hundred and thirty (130) days in a school year, shall accumulate one-half (1/2) experience increment, but no salary adjustment shall be made until a full experience increment has been accumulated within a consecutive three (3) year period.
3.4.6 The adjustment date for changes in the number of experience increments shall be at the first day of school each school year or February 1.
3.4.7 It shall be the responsibility for every teacher to furnish his/her School Jurisdiction with satisfactory evidence of past experience within sixty (60) calendar days of the commencement of teaching duties. Satisfactory evidence shall be defined as supporting documents from previous employing Boards or a statutory declaration provided by the teacher on a form provided by his/her School Jurisdiction.
3.4.8 Notwithstanding Clause 3.4.7, if no satisfactory evidence is submitted within sixty (60) calendar days of the commencement of duties, salary will be adjusted, effective the beginning of the month following such submission.
3.4.9 No retroactive pay shall be payable after the last day of August of each school year in respect of teaching experience or teacher education where a teacher has failed to submit satisfactory evidence of experience as required under Article 3.4 or statement of teacher education as required under Article 3.3.
3.5 Service Outside Operational Days
3.5.1 A teacher required by the superintendent or designate to provide service during a weekend, holiday or vacation period shall be paid at the rate one two-hundredth (1/200th) of the annual salary for each day worked, or one four-hundredth (1/400th) of annual salary for each half day worked.
4. ADMINISTRATOR ALLOWANCES AND CONDITIONS OF PRACTICE
4.1 Creation of New Designations/Positions
4.1.1 The School Jurisdiction may create or designate new positions not covered by this Agreement. The salaries and all allowances, if any, for such positions or designations shall, subject to the provisions below, be established by agreement between the School Jurisdiction, the Association, it being understood however that the lack of agreement shall not prevent the School Jurisdiction from instituting the new position or designation. Notice of any newly established position or designation shall be given to the secretary of the local Association forthwith after the establishment of the same. Any salary or allowance agreed upon shall be paid retroactively to the date the new position or designation was filled.
4.1.2 If the parties cannot agree upon a salary or allowance as referred to above, within ten (10) days of the date of receipt of the notice referred to above, either party shall have the right to have the matter determined finally by an arbitration board as referred to in this Agreement. Arbitration will be instituted in this regard by either party submitting the matter to arbitration in writing to the other party and appointing a nominee to the Board. None of the time limits or grievance steps referred to in the grievance and arbitration procedure shall apply to an arbitration hereunder. Any salary or allowance set by an arbitration board shall be paid retroactively to the date the new position or designation was filled.
4.2 Administration Allowances
4.2.1 In addition to the basic salary schedule, allowances shall be paid in accordance with the following rates:
4.2.1.1 Principals Allowance: The teacher count for establishing the Principal’s Allowance shall be exclusive of the Principal except in the case where he is the only teacher on staff.
- $12,887.68 for the first (1st) FTE teacher plus
- $ 891.48 for the next eight (8) FTE teachers plus
- $ 588.54 for the next ten (10) FTE teachers plus
- $ 320.28 per FTE teacher thereafter
The teacher count for establishing the Principal’s Allowance shall be determined twice per year based on teacher FTE on September 30th and February 1st.
4.2.1.2 The salary of the District Principal would be calculated in accordance with clause 3.2.3 (Years of Teaching Experience and Years of Teacher Education) and the District Principal’s allowance would be calculated in accordance with clause 4.2.1.1 with a teacher count equal to the total number of teachers holding principal or vice principal designations within High Prairie School Division, excluding the District Principal(s). The count for establishing the District Principal’s allowance shall be determined twice per year on September 30th and February 1st.
4.2.2 Assistant Principals Allowance: The Assistant Principal’s Allowance shall be one-half (1/2) of the Principal’s Allowance payable to the Principal. The teacher count, for establishing the Assistant Principal’s Allowance shall be exclusive of the Principal and the Assistant Principal(s). Where there is more than one Assistant Principal, each Assistant Principal shall be paid at one half (1/2) of the rate of the Principal’s Allowance for the teachers assigned to their area of responsibility.
4.2.3 Coordinators’ Allowance in the amount of eighty percent (80%) of the Principal’s Allowance base rate.
4.3 Red Circling
4.3.1 If a Principal is required by the School Jurisdiction to move to a smaller school, the Principal’s administrator’s allowance will be the higher of the two allowances until the end of the first complete school year.
4.4 Acting/Surrogate Administrators – Compensation
4.4.1 In the absence of a Principal, an Assistant Principal shall be designated by the Superintendent to serve as Acting Principal. If he/she so serves for a period of six (6) or more consecutive school days, he/she shall receive an allowance equivalent to one two-hundredth (1/200) of the Principal’s Allowance for each school day of the period during which he/she is so designated.
4.4.2 In the absence of the Principal and Assistant Principal(s), if applicable, for more than one (1) consecutive school day, a teacher shall be designated by the School Jurisdiction to serve as Acting Principal. He / She shall receive an allowance equivalent to one two-hundredth (1/200) of the Principal’s Allowance for each day of the period during which he/she is so designated.
4.5 Teachers with Principal Designations
4.5.1 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.
4.5.2 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.
4.5.3 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.
4.6 Other Administrator Conditions
4.6.1 Allocation and Appointment of Administrators
4.6.1.1 The parties to this Agreement recognize the prerogative of the School Jurisdiction to appoint Assistant Principals.
4.6.1.2 Notwithstanding Clause 4.6.1.1, the School Jurisdiction shall appoint Assistant Principals in schools where there are ten (10) or more FTE teachers (exclusive of the Principal).
4.6.2 Lieu Days
4.6.2.1 Principals shall be entitled to one lieu day in each school year, at a time approved by the Superintendent, acting reasonably. There is no accrual, carry over, or payout of this entitlement.
5. SUBSTITUTE TEACHERS
5.1 Rates of Pay
5.1.1 Payment for substitute teachers shall be as follows:
(a) When the teacher provides service only during the morning instructional periods or only the afternoon instructional periods, the teacher shall be paid $110.21, inclusive of vacation pay.
(b) When the teacher provides service during both the morning and the afternoon instructional periods, the teacher shall be paid $219.17, inclusive of vacation pay and regardless of the number of periods taught.
5.2 Commencement of Grid Rate
5.2.1 Payment shall be made at the daily rate for the first four (4) consecutive school days. On the fifth (5th) and subsequent day in the same school where the same substitute teacher continues to replace the same regular teacher, payment shall be made according to the placement on the salary schedule, and retro-active to the first (1st) day.
5.2.2 Effective September 1, 2017, the period of consecutive employment during the school year shall not be considered interrupted or non-consecutive, if a holiday, teachers’ convention, professional day or such other system-regulated breaks interrupt the substitute teacher’s continuity in the classroom.
5.3 Other Substitute Teacher Conditions
5.3.1 A substitute teacher is a teacher who is employed on a day to day or part-time basis where a contract of employment is not in effect.
5.3.2 The School Jurisdiction would agree to guarantee a half-day of work and pay, if an assignment is cancelled with less than 12 hours’ notice. The Substitute teacher must work the guaranteed half-day, in order to be entitled to pay.
5.3.3 Substitutes may be invited to attend School Jurisdiction and school wide PD days, and If they are invited and attend, they shall be compensated the appropriate rate of pay.
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 Other Part-time Teacher Benefits and Proration
6.2.1 The premium contribution for a part-time teacher for 7.1.1 (a), (d) and 7.3.1 shall be pro-rated in the proportion that his/her hours of work bear to the hours of work of a full-time teacher.
6.3 Other Part-time Teacher Conditions
6.3.1 A part-time teacher’s assigned daily hours shall be contiguous unless mutually agreed.
6.3.2 Any teacher employed on a full-time (1.0 F.T.E.) continuing contract who agrees to employment on a part-time contract shall be given a term contract for an agreed upon period of time and not withstanding Section 103(2) of The School Act, that contract shall be for a specified portion of a full-time equivalent which shall not be varied except by mutual consent. At the conclusion of the term contract, and unless extended or altered by mutual agreement, the teacher shall be returned to a full-time (1.0 F.T.E.) continuing contract.
7. GROUP BENEFITS
7.1 Group Health Benefit Plans
7.1.1 The School Jurisdiction agrees to pay one hundred percent (100%), per month, per full-time teacher, the cost of the premium to the following plans:
(a) ASEBP Extended Health Care Plan 1;
(b) ASEBP Extended Disability Benefit Plan D;
(c) ASEBP Life and Accidental Death and Dismemberment, Schedule 2; and
(d) Alberta Health Care.
7.1.2 If enrolment is satisfactory to the insurer, the School Jurisdiction agrees to pay ninety-five percent (95%), per month per full-time teacher the cost of the premium to ASEBP Dental Care Plan 3. The premium contribution for part-time teachers shall be pro-rated in the proportion that his/her hours of work bear to the hours of work of a full-time teacher.
7.1.3 If enrolment is satisfactory to the insurer, the School Jurisdiction agrees to pay one hundred per cent (100%), per month, per full-time teacher, the cost of the premiums to ASEBP Vision Plan 3. The premium contribution for part-time teachers shall be prorated in the proportion that his/her hours of work bear to the hours of work of a full-time teacher.
7.1.4 Teachers who have a continuous contract and resign as of June 30 in any year, shall receive in dollars, the equivalent of the School Jurisdiction’s share of the July and August benefit premiums in which they are currently enrolled.
7.2 Group Benefits Eligibility
7.2.1 All teachers coming on staff shall, as a condition of employment, be enrolled in the Alberta School Employee Benefit Plan (Plan D, Schedule 2).
7.2.2 Teachers who are members of a religious order, or who because of a religious affiliation conscientiously object to becoming members of the plan, will not be required to join if a statement is submitted to the School Jurisdiction within forty-five (45) days of commencement of duties.
7.2.3 A teacher who becomes eligible for receipt of disability benefits as provided in ASEBP will not be entitled to receive cumulative sick pay benefits.
7.3 Health Spending Account
7.3.1 ASEBP Health Spending Account of sixty-three dollars ($63) per month.
7.4 Other Group Benefits
7.4.1 Benefits for Retirees on Contract
7.4.1.1 For a teacher on pension who is hired by the School Jurisdiction and unable to enrol in the above plans, the School Jurisdiction will, each month that the teacher is employed, reimburse an amount equal to the above monthly premiums to the teacher, prorated to the full time equivalency of the teacher. The teacher, upon employment under a contract, must provide the School Jurisdiction with documentation from Alberta Health Care, ASEBP or similar plan confirming their enrolment.
7.4.2 Employment Insurance Premium Reduction
7.4.2.1 Payments made by the School Jurisdiction towards the premium of the ASEBP shall permit them to retain and not pass on to teachers any rebates of premiums otherwise required under Employment Insurance Commission regulations.
7.4.3 Travel Assistance Benefit
7.4.3.1 For the purposes of this agreement, four thousand dollars ($4,000.00) of the annual salary as set out in clause 3.2 of this agreement shall be considered to be a Travel Assistance Benefit paid in a designated area as defined by Revenue Canada and shall be indicated as such in the appropriate box on the annual T4 slip. The provision of this benefit shall in no fashion add to the cost of salary or benefits to the School Jurisdiction and shall be in accordance with the provisions set by Revenue Canada.
7.4.4 Medical Travel Assistance Benefit
7.4.4.1 For the purposes of this agreement, two thousand dollars ($2,000.00) of the annual salary as set out in clause 3.2 of this agreement shall be considered to be a Medical Travel Assistance Benefit paid in a designated area as defined by Revenue Canada and shall be indicated as such in the appropriate box on the annual T4 slip (Box 33). The provision of this benefit shall in no fashion add to the cost of salary or benefits to the School Jurisdiction and shall be in accordance with the provisions set by Revenue Canada.
7.4.5 Transfer Benefit
7.4.5.1 The School Jurisdiction shall assume financial responsibility for moving the personal and household effects of a teacher who is transferred to another school within the school jurisdiction, provided that this benefit shall not apply if the transfer is requested by the teacher.
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 Extracurricular
8.3.1 The parties recognize the value of extracurricular activities including the participation of teachers. However, teacher participation in extracurricular activities is voluntary. Should a teacher decide to participate in such activities, the teacher will not be paid for such service.
9. PROFESSIONAL DEVELOPMENT
9.1 Teacher Professional Growth Plan
9.1.1 Teacher Professional Growth Plans will consider but will not be required to include the School Jurisdiction’s goals.
9.1.2 The teacher professional growth process, including discussions between the teacher and principal on the professional growth plans, will continue to take place.
9.1.3 School Jurisdictions and/or schools are not restricted in developing their own staff development plan in which the School Jurisdiction and/or school may require teachers to participate.
9.2 Professional Development Funds
9.2.1 The School Jurisdiction agrees to make an education fund equivalent to ninety percent (90%) of the fourth (4th) year minimum on the salary grid for the purpose of providing partial funding for teachers taking courses for credit at an accredited university or college which are related to the Teacher’s Professional Growth Plan and connected to the Teaching Quality Standard.
9.2.2 Teachers who are on a continuous contract with the School Jurisdiction may make application for funding under this Article. Applications including proposed courses must be submitted to the Superintendent of Schools prior to registration. Applications will be approved on a "first come, first served" basis. No teacher shall be entitled to be reimbursed for more than three (3) full time courses per year.
9.3 Tuition Reimbursement
9.3.1 Upon proof of successful completion of courses, the teacher shall be reimbursed one thousand seven hundred dollars ($1700.00) per full course or eight hundred and fifty dollars ($850.00) per half course. (A full or half course shall be defined as being equivalent to a full (6.0 credit hours) or half (3.0 credit hours) course at the University of Alberta.) Proof of successful completion shall be official transcripts as provided by the university from which the course was taken. All claims not submitted within twelve (12) months of completion of the course shall not be paid. Uncommitted funds remaining at the end of August of each year shall be transferred to the ATA/HPSD Joint Professional Development Fund.
10. SICK LEAVE / Medical Certificates and Reporting
10.1 This Article shall supersede the provisions of Section 111(1)(d) and Section 111(2) of the School Act R.S.A. 2000, chapter S-3 as amended.
10.2 "Sickness" when used in this Article shall mean necessary medical or dental treatment of the teacher or injury to, or illness or disability of the teacher which renders the teacher incapable of attending to work.
10.3 "School day" when used in this Article shall mean a day on which instruction would have been given by a teacher and includes emergency school closures, school closures approved by the Minister, two (2) days for teacher conventions, holidays declared by a School Jurisdiction and days other than instruction days that are approved by the Minister.
10.4 All teachers in their first year with the Board shall have a minimum of five (5) school days accumulated sick leave at the beginning of the school year. The remaining days shall accumulate in accordance with the School Act at a rate of one (1 )day for every nine (9) days earned to a maximum of twenty (20) days.
10.5 During employment under contract with the School Jurisdiction, and prior to completion of one (1) year of employment under a continuing contract of employment, a teacher shall earn sick leave credits in respect of each month of employment and the number of school days of such earned sick leave credits shall be equal to the result obtained by dividing by nine (9) the number of school days in the month. Provided however, that in any event, the total number of sick leave credits earned by a teacher in any school year shall not exceed twenty (20) days in the aggregate. Further, sick leave credits or any portion thereof may only be used when earned and credited. Sick leave credits shall be credited effective the first (1st) day of the month following the month in which the sick leave credits to be credited were earned. Upon commencement of employment with the School Jurisdiction, teachers shall be granted two (2) days sick leave credit.
10.6 In the case of a teacher who has had previous service with the School School Jurisdiction, and re-enters its employment within fourteen (14) months of leaving, the sick leave accumulated under this Article during the period of employment with the School School Jurisdiction shall be re-instated to the credit of the teacher.
10.7 a) In order to establish and maintain eligibility for benefits under this Article a teacher absent for more than three (3) consecutive days shall provide a certificate signed by a qualified medical or dental practitioner, and in addition, the teacher shall provide the Principal with reasonable prior notice of any absence due to sickness. A teacher absent for three (3) consecutive days or less due to illness or other disability must submit, within ten (10) days of return to work, a signed statement to his Principal, giving the reason for the absence. The School Jurisdiction may request in writing that the teacher obtain verification of the appointment or hospitalization at no cost to the School Jurisdiction, but the School Jurisdiction will not do so as a matter of course.
b) A teacher whose sickness extends for a period of over one (1) month may, at the discretion of the School Jurisdiction, be required to furnish further medical certificate / letter at the end of each month during the period of sickness. The School Jurisdiction shall pay for any medical fee for acquiring the certificate. Such medical certificate / letter shall include the medical practitioner’s assessment of the teacher’s current ability to work: if absence continues to be required the prognosis for the teacher’s eventual return to the workplace: and in the event of an anticipated return to the workplace communication of any restrictions to performance of duties upon return to the workplace and a prognosis for the improvement and the removal of those restrictions, as well as any other information relevant to the School Jurisdiction’s accommodation of absence or return.
c) In the event that a teacher who qualifies for sick leave is absent for more than ten (10) consecutive teaching days, the School Jurisdiction may require the teacher to provide an updated medical certificate / letter certifying fitness to return to work before the teacher is allowed to return to normal teaching duties. The School Jurisdiction shall pay for any medical fee for acquiring the certificate.
10.8 Application for ASEBP benefits shall be made as soon as there is medical evidence that the absence is of a long term nature.
10.9 Where an eligible teacher has unused sick leave credits the School Jurisdiction shall not reduce the gross salary of such teacher for absence from work on a school day due to sickness and for each day of absence the unused sick leave credits of the teacher shall be reduced by a corresponding day.
10.10 Upon active commencement of duties in the second (2nd) consecutive school year of continuing employment under a contract of continuing employment with the School Jurisdiction, all unused sick leave credits shall be cancelled.
10.11 During the second (2nd) and subsequent years of service, sick leave with full salary will be granted for sickness for a period of ninety (90) calendar days. A teacher who has been absent due to sickness shall, upon return to full time duties, be entitled to an additional sick leave benefit of ninety (90) calendar days. In the event of recurring sickness, only ninety (90) calendar days sick leave will be available.
11. MATERNITY, ADOPTION AND PARENTAL LEAVE
11.1 Maternity Leave/Parental Leave/Adoption Leave
11.1.1 The School Jurisdiction agrees to administer maternity leave as per the guidelines of the Employment Standards Code. The School Jurisdiction will register and implement a ninety-five percent (95%) Supplementary Unemployment Benefits (SUB) plan which each teacher shall access for pay during the health-related portion of her maternity leave. The School Jurisdiction shall pay its portion to each teacher's benefit plan premiums during the health-related portion of her maternity leave. The remainder of the maternity leave not covered by the health-related portion shall be without pay and benefits. SUB shall be payable for a maximum of seventeen (17) weeks or for the period covered by accumulated sick leave, whichever is less. The School Jurisdiction shall advise each teacher to apply for extended disability benefit at least thirty (30) days in advance of her expected eligibility for such benefit. After ninety (90) consecutive calendar days of disability the teacher shall apply for extended disability benefits and no further salary, benefit contributions, or SUB shall be payable.
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 Leave of absence for a minimum of one-half (½) day for personal reasons may be granted by the Superintendent for up to two (2) days per school year. Leave shall be granted at full salary less forty-five percent (45%) of the daily rate for a certificated substitute as determined in clause 5.1.1 for each day of such leave. Requests for leave under this clause shall not be used to extend the Christmas break, spring break, long weekends, or summer vacation period. Unused leave may accumulate from year to year provided that the total leave available does not exceed four (4) days in any school year. Part time teachers are eligible for personal leave of up to two (2) days at an amount, per day, equivalent to their part time status. Teachers on temporary contracts are eligible for personal leave at a proration equivalent to the term their contract bears to the total school year multiplied by two (2).
12.2 Notwithstanding clause 12.1, the Superintendent may grant personal leave to extend a long weekend, Christmas break or spring break, provided at least ten (10) calendar days advance notice is given.
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 CURRENT 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
For the purpose of Article 14, a teacher's application for temporary leave of absence must first be made orally to the Principal and documented on the form provided by the School Jurisdiction, upon return from the leave.
Should a teacher fail to apply to the Principal or to submit the required documentation within the time limit specified, the days absent shall be considered as leave without pay.
A teacher is entitled to temporary leave of absence with pay for:
14.1 Death or Critical Illness Leave
14.1.1 Up to and including four (4) days for leave necessitated by the death or critical illness of a spouse/common-law partner, son, daughter, parent, brother, sister, parents of spouse/common-law partner, brother or sister-in-law, grandparent or grandchild, grandparents of spouse/common-law partner, daughter-in-law, son-in-law, other person who is a member of the teacher's dwelling, or aunt or uncle. Up to an additional two (2) days will be granted if the teacher is required to travel three hundred (300) or more kilometres one way to attend the funeral of one of the above named persons. For the purpose of this clause, critical illness shall mean where death of one of the above named persons is imminent, for which the School Jurisdiction may require a substantiating medical certificate, signed by a duly qualified medical practitioner. Critical illness entitlement ends as of death and the teacher would be entitled to a further 4 days under this Article for the death. The definition of dwelling and common-law partner is consistent with the definition of Revenue Canada Agency.
14.1.2 The teacher shall be permitted to access clause 14.1.1 in the event of the death of the teacher’s niece or nephew.
14.2 Convocation Leave
14.2.1 One (1) day to attend convocation of the university at which the teacher is receiving a degree; one (1) additional day for the purpose of travel will be granted where distance required to be travelled exceeds five hundred (500) kilometres one way.
14.3 Inclement Weather / Impassable Roads Leave
14.3.1 Absence, despite reasonable effort, when the teacher is unable to travel to his school from his usual place of residence because of inclement weather, impassable road conditions or the failure of transportation facilities other than his own.
14.4 Family Medical Leave
14.4.1 Four (4) days for family medical, dental appointments or hospitalization, provided that the teacher's accumulated number of sick leave credits, as granted by Article 10, is reduced by a corresponding amount. The teacher will sign a statement attesting that use of the leave was for a family member who falls under the definition of family as per clause 14.4.1. “Family” shall refer to the teacher’s parent, spouse/common-law partner, child, or person who is a member of the teacher’s dwelling. The School Jurisdiction may request in writing that the teacher obtain verification of the appointment or hospitalization at no cost to the School Jurisdiction, but the School Jurisdiction will not do so as a matter of course.
14.5 Jury Duty / Court Appearance Leave
14.5.1 For jury duty or summons related thereto provided that the teacher remits to the School Jurisdiction any jury stipend (excluding expenses) set by the Court.
14.5.1 To answer a subpoena or summons to attend as a witness in a criminal matter or as a result of the performance of their duties as a teacher. Leave shall be granted at full pay. The teacher shall remit to the School Jurisdiction any witness fee paid by the Court to the teacher, exclusive of expenses.
14.6 School Closure
14.6.1 Days where the School Jurisdiction closes the school for health and safety reasons or physical plant breakdown. The School Jurisdiction may require the school administrator(s) to remain on site during normal school hours during these closures.
14.7 Professional Improvement Leave
14.7.1 The School School Jurisdiction shall pay for the cost of a substitute, if hired, for a teacher attending any in-service program sponsored by the School School Jurisdiction.
14.8 Discretionary Leave
14.8.1 In addition to the foregoing, the School Jurisdiction, in its discretion, may grant leave of absence with or without pay and with or without School Jurisdiction contribution to benefits to a teacher applying for such leave.
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 Any difference between an employee covered by this Agreement and the School Jurisdiction, or between the Association and the School Jurisdiction, concerning the interpretation, application, operation, or alleged violation of the locally bargained items in this Agreement, shall be dealt with as follows:
16.2 In the case of a difference between an employee and the School Jurisdiction, such difference (hereinafter called a “grievance”) shall first be submitted in writing to the Secretary-Treasurer of the School Jurisdiction and to the Coordinator of Teacher Welfare of the Association. Such written submission shall be made within twenty (20) days of the date of the incident, giving rise to the grievance or the date the grievor reasonably became aware of the incident giving rise to the grievance. Such written submission shall set out the nature of the grievance, the articles of this Agreement that it alleges to have been violated and the remedy sought. The respondent shall render their decision within twenty (20) days.
16.3 In the case of a difference between the Association and the School Jurisdiction, either party may institute a grievance by, in the case of the Association, forwarding written particulars of the grievance to the Superintendent of Schools of the School Jurisdiction, and in the case of the School Jurisdiction, by forwarding particulars of the grievance to the Coordinator of Teacher Welfare of the Alberta Teacher’s’ Association within twenty (20) days of the date of the incident giving rise to the grievance or the date the grievor reasonably became aware of the incident giving rise to the grievance.
16.4 In the event the grievance is not settled within twenty (20) days after the date of submission of the grievance in accordance with the above procedure, on or before a further ten (10) days have elapsed from the expiration of the aforesaid twenty (20) day time period, either party may, by written notice served on the other party, require establishment of an Arbitration Board as hereinafter provided.
16.5 By mutual consent the School Jurisdiction and the Alberta Teachers Association may elect to proceed to arbitration by way of a sole arbitrator and without nominees.
16.6 By mutual consent the School Jurisdiction and the Alberta Teachers Association may elect to retain a mediator and engage in voluntary mediation prior to arbitration.
16.7 Where any such reference in Clause 16.1-16.6 inclusive are to a period of days, such period shall be exclusive of Saturdays, Sundays, and other holidays. Any of the aforesaid time limits may be extended at any stage upon written consent of the parties.
16.8 In the event, at any stage of the aforesaid procedure (except in respect of appointing persons to the Board) a griever fails to take the necessary action within the time limit specified, the grievance shall be deemed to be at an end. Should the School Jurisdiction fail to respond to the griever within the specified time period, the griever may process the grievance to the next step in the procedure.
17. EMPLOYMENT
17.1 Information and Files
17.1.1 The School Jurisdiction and the teachers recognize the needs and the advantages of improved communications between teachers, trustees, and administrators on educational matters and working conditions of teachers. As such, it is agreed that a liaison committee will be established to discuss educational matters and working conditions of teachers. The membership of this committee shall be made up of three (3) trustees, and three (3) classroom teachers, along with the Superintendent and the Secretary Treasurer in an advisory capacity. The committee shall meet within two (2) weeks of either party giving notice of a need for such a meeting. The two (2) parties to the Agreement shall advise of the appointees to the committee prior to the first meeting of each year. All items currently under negotiation are excluded from discussion by this committee.
17.1.2 Newly appointed teachers may be required to present a medical certificate of good health and satisfactory proof of age.
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.