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High Prairie School Division No 48 (2012–2016)

COLLECTIVE AGREEMENT between HIGH PRAIRIE SCHOOL DIVISION NO. 48 and

THE ALBERTA TEACHERS' ASSOCIATION

September 1, 2012 to August 31, 2016

THIS AGREEMENT made pursuant to the School Act and the Labour Relations Code.

BETWEEN: THE HIGH PRAIRIE SCHOOL DIVISION NO. 48 (hereinafter called the "Board") OF THE FIRST PART and THE ALBERTA TEACHERS ASSOCIATION A Body incorporated Under the Laws of the Province of Alberta (hereinafter called the "ATA") Acting on Behalf of the Teachers Employed by the Board OF THE SECOND PART

WHEREAS the ATA is the bargaining agent for the teachers employed by the Board; and

WHEREAS the terms and conditions of employment and the salaries of the teachers have been the subject of 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:

1.00   BARGAINING UNIT

1.01   This Agreement applies to all employees of the Board who, as a condition of employment, must possess a valid teaching certificate issued under the authority of Alberta Education, herein collectively called "the teachers", or where the context requires, "teacher".

1.02   Specifically exempt from this agreement shall be:

(a) Superintendent
(b) Deputy Superintendent
(c) Assistant Superintendents
(d) One Supervisor of Instruction

1.03   The basic salary, terms, and conditions of teachers' employment with the Board are governed by this Agreement and any statutory provision relating thereto.

2.00   BASIC SALARY SCHEDULE

2.01   All salaries and allowances referred to herein are in respect to a school year, unless specifically stated otherwise.

2.02   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 Board.

2.03   Tabulated below are the minimum and maximum basic salary rates and experience increments for each year of teacher education:

In accordance with the Framework Agreement, the Basic Salary Schedule will be:  Effective September 1, 2012 to August 31, 2015:

Years of Teaching

Years of Teacher Education

Experience

One

Two

Three

Four

Five

Six

0

42,840

42,840

48,919

58,697

61,307

65,438

1

44,961

44,961

51,072

62,418

65,110

69,178

2

47,081

47,081

53,222

66,136

68,910

72,922

3

49,201

49,201

55,376

69,855

72,710

76,665

4

51,321

51,321

57,526

73,571

76,508

80,408

5

53,440

53,440

59,681

77,291

80,309

84,148

6

55,560

55,560

61,834

81,006

84,110

87,891

7

57,682

57,682

63,986

84,724

87,907

91,633

8

59,802

59,802

66,138

88,444

91,708

95,374

9

61,919

61,919

68,291

92,161

95,509

99,118

 

In accordance with the Framework Agreement, the Basic Salary Schedule will be:  Effective September 1, 2015:

Years of Teaching

Years of Teacher Education

Experience

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

 

A one-time lump sum payment of 1% of the annual salary as set out in the Collective Agreement grid in effect as of November 15, 2015 will be paid to all teachers on contract on that date and paid no later than the end of December 2015.

3.00   ADDITIONAL ALLOWANCE

3.01   In addition to the basic salary schedule, allowances shall be paid in accordance with the following rates:

3.01.01   Principal’s 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.

Effective September 1, 2012 to August 31, 2015

- $12,634 for the first (1st) FTE teacher plus
- $874 for the next eight (8) FTE teachers plus
- $577 for the next ten (10) FTE teachers plus
- $314 per FTE teacher thereafter

For the school year 2015/16 this allowance shall be adjusted on the same dates and by the same percentage increases as are applied to the salary grid.

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.

3.01.02   Assistant Principal’s Allowance:

The Assistant Principal's Allowance shall be one-half (½) 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 (½) of the rate of the Principal's Allowance for the teachers assigned to their area of responsibility.

3.01.03   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.

3.01.04   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 Board 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.

3.01.05   Coordinators’ Allowance in the amount of sixty percent (60%) of Principal’s Allowance base rate.

Effective September 1, 2014, Coordinators’ Allowance in the amount of eighty percent (80%) of the Principal’s Allowance base rate.

4.00   EXPERIENCE INCREMENTS

4.01   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.  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 (½) experience increment, but no salary adjustment shall be made until a full experience increment has been accumulated within a consecutive three (3) year period.

4.02   The adjustment date for changes in the number of experience increments shall be at the first day of school of each school year or February 1.

4.03   It shall be the responsibility of every teacher to furnish his/her board 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 Board.

4.04   Notwithstanding Clause 4.03, 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.

4.05   Substitute teaching shall be considered as teaching experience.

5.00   TEACHER EDUCATION

5.01   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.

5.02   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.

5.03   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.

5.04   Each teacher claiming additional teacher education, and each teacher commencing employment with the Board shall supply a statement of qualifications from the TQS, or evidence of having applied for the same to the Board within sixty (60) calendar days from commencement of the school year or from the date of commencement of employment.

5.05   When a statement of qualifications of TQS evaluation is submitted as provided under Clause 5.04, 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.

5.06   If a statement of qualifications from the TQS or evidence of having applied for same is not submitted as provided under Clause 5.04, salary shall be adjusted effective the beginning of the month following such submission.

5.07   Notwithstanding Clause 5.05 and 5.06, 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.

6.00   SALARY PAYMENT

6.01   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.

6.02   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.

6.03   Substitute Teachers

6.03.01   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.

6.03.02   Payment for substitute teachers shall be as follows:

Effective September 1, 2012 to August 31, 2015:               

a) When the teacher provides service only during the morning instructional periods or only the afternoon instructional periods, the teacher shall be paid $108.05, inclusive of vacation pay.

b) When the teacher provides service during both the morning and the afternoon instructional periods, the teacher shall be paid $214.87, inclusive of vacation pay and regardless of the number of periods taught.

For the school year 2015/16 this allowance shall be adjusted on the same dates and by the same percentage increases as are applied to the salary grid as per the Framework Agreement.

6.03.03   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 placement on the salary schedule, and retro-active to the first (1st) day.

7.00   EDUCATIONAL FUND

7.01   The Board 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.

7.02   Teachers who are on a continuous contract with the Board 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.

7.03   Upon proof of successful completion of courses, the teacher shall be reimbursed one thousand two hundred dollars ($1200.00) per full course or six hundred dollars ($600.00) per half course.  Effective September 1, 2014, upon successful completion of courses, the teacher shall be reimbursed one thousand seven hundred dollars ($1700.00) per full course or eight hundred 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.

8.00   LEAVE OF ABSENCE

8.01   A teacher is entitled to temporary leave of absence with pay for:

(a) 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 five hundred (500) 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 Board may require a substantiating medical certificate, signed by a duly qualified medical practitioner.  The definition of dwelling and common-law partner is consistent with the definition of Revenue Canada Agency.

i) The teacher shall be permitted to access clause 8.01(a) in the event of the death of the teacher’s niece or nephew.

(b) 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.

(c) 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.

(d) Three (3) 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.  For the purposes of this clause, “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 Board may request in writing that the teacher obtain verification of the appointment or hospitalization at no cost to the Board, but the Board will not do so as a matter of course.

(e) For jury duty or summons related thereto provided that the teacher remits to the Board any jury stipend (excluding expenses) set by the Court.

(f) 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 Board any witness fee paid by the Court to the teacher, exclusive of expenses.

(g) For the purpose of Clause 8.01, 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 Board, upon return from the leave.

(h) Days where the Board closes the school for health and safety reasons or physical plant breakdown. The Board may require the school administrator(s) to remain on site during normal school hours during these closures.

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.

8.02   The School Board shall pay for the cost of a substitute, if hired, for a teacher attending any in-service program sponsored by the School Board.

8.03.01   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 6.03.02 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).

8.03.02   Notwithstanding clause 8.03.01, a teacher may request personal leave to extend a long weekend, provided at least ten (10) calendar days advance written notice is given and a suitable substitute has been engaged to replace the teacher.

Effective September 1, 2014, notwithstanding clause 8.03.01, 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.

8.04   In addition to the foregoing, the Board, in its discretion, may grant leave of absence with or without pay and with or without Board contribution to benefits to a teacher applying for such leave.

9.00   CONDITIONS OF SERVICE

9.01   Except as may be abridged by the terms hereof, the management of the school system and the staff is reserved and vested in the Board, with no implied obligation intended.

10.00   SICK LEAVE

10.01   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.

10.02   "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.

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.

10.03   "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 Board and days other than instruction days that are approved by the Minister.

10.04   During employment under contract with the Board, 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 Board, teachers shall be granted two (2) days sick leave credit.

10.05   In the case of a teacher who has had previous service with the School Board, 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 Board shall be re-instated to the credit of the teacher.

10.06   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 Board may request in writing that the teacher obtain verification of the appointment or hospitalization at no cost to the Board, but the Board will not do so as a matter of course.

10.07   Application for ASEBP benefits shall be made as soon as there is medical evidence that the absence is of a long term nature.

10.08   Where an eligible teacher has unused sick leave credits the Board 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.

10.09   Upon active commencement of duties in the second (2nd)) consecutive school year of continuing employment under a contract of continuing employment with the Board, all unused sick leave credits shall be cancelled.

10.10   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.

10.11   The employer agrees to administer maternity leave as per the guidelines of the Employment Standards Code.  The Board will register and implement a ninety-five percent (95%) Supplementary Unemployment Benefits plan which each teacher shall access for pay during the health-related portion of her maternity leave.  The Board 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.  S.U.B. shall be payable for a maximum of seventeen (17) weeks or for the period covered by accumulated sick leave, whichever is less.  The Board 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 S.U.B. shall be payable.

11.00   GROUP INSURANCE

11.01   (a) The Board agrees to pay one hundred percent (100%), per month, per full-time teacher, the cost of the premium to the following plans:

(i) ASEBP Extended Health Care Plan 1
(ii) ASEBP Extended Disability Benefit Plan D
(iii) ASEBP Life and Accidental Death and Dismemberment, Schedule 2
(iv) Alberta Health Care
(v) Effective April 1, 2006, ASEBP Health Spending Account of forty dollars ($40) per month.  Effective September 1, 2008 the Board contribution shall increase to fifty dollars ($50) per month.  Effective September 1, 2011 the Board contribution shall increase to sixty-three dollars ($63) per month.

The premium contribution for a part-time teacher for 11.01(a)(i), (iv) and (v) shall be pro-rated in the proportion that his/her hours of work bear to the hours of work of a full-time teacher.

(b) If enrolment is satisfactory to the insurer, the Board agrees to pay sixty percent (60%), 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.  Effective September 1, 2010, the Board contribution shall increase to eighty percent (80%).  Effective September 1, 2011, the Board contribution shall increase to ninety percent (90%).

Effective September 1, 2015, the Board 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 prorated in the proportion that his/her hours of work bear to the hours of work of a full-time teacher.

(c) Effective September 1, 2014, if enrolment is satisfactory to the insurer, the Board 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.

11.01.02   For a teacher on pension who is hired by the Board and unable to enrol in the above plans, the Board 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 Board with documentation from Alberta Health Care, ASEBP or similar plan confirming their enrolment.

11.01.03   Teachers who have a continuous contract and resign as of June 30 in any year, shall receive in dollars, the equivalent of the employer’s share of the July and August benefit premiums in which they are currently enrolled.

11.02   All teachers coming on staff on or after September 1, 1971 shall, as a condition of employment, be enrolled in the Alberta School Employee Benefit Plan (Plan D, Schedule 2).

11.03   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 Board within forty-five (45) days of commencement of duties.

11.04   A teacher who becomes eligible for receipt of disability benefits as provided in ASEBP will not be entitled to receive cumulative sick pay benefits.

11.05   Payments made by the Board 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.

12.00   TRANSFERS

12.01   The Board shall assume financial responsibility for moving the personal and household effects of a teacher who is transferred to another school within the school division, provided that this benefit shall not apply if the transfer is requested by the teacher.

13.00   NEW POSITIONS

13.01   The Board 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 Board and, the ATA, it being understood however that the lack of agreement shall not prevent the Board from instituting the new position or designation.  Notice of any newly established position or designation shall be given to the secretary of the local ATA 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.

13.02   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.

14.00   GRIEVANCE PROCEDURE

14.01   There shall be established an interpretation committee, composed of two (2) representatives of the Board and two (2) representatives of the local ATA.

14.02   It shall be the duty of this committee to meet and endeavour to resolve all grievances.  Grievances shall be confined to interpretation, application, operation, or any alleged violation of this Agreement.

14.03   A quorum of this committee shall consist of all members.

14.04   Any teacher who considers that he/she has a grievance as defined in Clause 14.02 shall promptly submit, in writing, a statement of the nature of the grievance and the remedy sought to the Assistant Superintendent of Business.  Such written submission shall be made within fifteen (15) days from the date of the incident giving rise to the grievance or from the date the griever first had knowledge of the incident, whichever is the later.

14.05   If the grievance has not been settled between the Assistant Superintendent of Business and the griever, within fifteen (15) days after the date of submission of the grievance, the secretary of the local of the ATA shall, within fifteen (15) days thereafter, give written notice to the Assistant Superintendent of Business and to the members of the interpretation committee requesting consideration of the grievance.

14.06   When the interpretation committee receives notice of the submission of the grievance, it shall be required to give its decision within twenty-one (21) days following the receipt of such notice except where, by unanimous consent of the committee, the hearing of such grievance is adjourned for the purpose of obtaining further information.

14.07   If the committee reaches a unanimous decision as to the disposition of any grievance, that decision shall be final and binding.  The interpretation committee by its decision shall not alter, amend, or change the terms of this agreement.

14.08   If the committee does not reach a unanimous decision either party may, by written notice, serve on the other party within ten (10) days after the date on which the committee voted on the disposition of the grievance or within ten (10) days after the expiration of said period of twenty-one (21) days, whichever is shorter, require the establishment of an arbitration board as hereinafter provided.  If such notice is not served within the time limit the grievance shall be deemed to be at an end.  Such notice shall contain a statement of the grievance, the articles alleged to have been breached and the remedy sought.

14.09   Each party shall appoint one member as its representative on the arbitration board within seven (7) days of such notice and the two (2) members so appointed shall endeavour to select an independent chairman.

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

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

14.12   The arbitration board shall not change, modify or alter any of the terms of this Agreement.  The arbitrability of the issue shall be determined by the arbitration board.

14.13   The arbitration board shall give its decision not later than fourteen (14) days after the appointment of the chairman.

14.14   The arbitration board shall hear and determine the difference and shall issue an award in writing and the decision is final and binding upon the parties and upon any employee affected by it.  The decision of a majority is the award of the arbitration board, but if there is no majority, the decision of the chairman governs and it shall be deemed to be the award of the Board.

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

14.16   Where any references in Clause 14.00 to 14.15 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.

14.17   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 Board fail to respond to the griever within the specified time period, the griever may process the grievance to the next step in the procedure.

15.00   GENERAL

15.01   All previous collective agreements and salary schedules between or affecting the parties are hereby cancelled.

15.02   This Agreement shall enure to the benefit of and be binding upon the parties and their successors.

15.03   The Board 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 Assistant Superintendent of Business 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.

15.04   Newly appointed teachers may be required to present a medical certificate of good health and satisfactory proof of age.

15.05   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 Section 4.00 or statement of teacher education as required under Section 5.00.

15.06   In the context of this agreement, when a teacher is required to submit a TQS evaluation, statutory declaration, illness certificate, or any other document this shall be done by registered mail (the date shall be as evidenced by the postal mark at the point of mailing) or by delivery in person to the office of the Board.

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

15.08   For the purposes of this agreement, two thousand dollars ($2,000.00) of the annual salary as set out in clause 2.03 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 employer and shall be in accordance with the provisions set by Revenue Canada.

15.09   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.

15.10   Extracurricular Activities

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.

15.11   A teacher required by the superintendent or designate to provide service during a weekend, holiday or vacation period shall be paid at the rate of 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.

16.00   APPOINTMENT OF ASSISTANT PRINCIPALS

16.01   The parties to this Agreement recognize the prerogative of the Board to appoint Assistant Principals.

16.02   Notwithstanding Clause 16.01, the Board shall appoint Assistant Principals in schools where there are ten (10) or more FTE teachers (exclusive of the Principal).

17.00   TERMS OF AGREEMENT

17.01   (a) This Agreement takes effect from September 1, 2012 through until August 31, 2016 and shall be in effect from year to year thereafter until notice of desire to amend or terminate is given by either party.

(b) Such notice shall be given in writing not less than sixty (60) nor more than one hundred and fifty (150) days prior to the expiry date of this Agreement.  The party receiving the notice will provide their demands to the other party within fifteen (15) days of receiving notice.  Within thirty (30) days of serving notice, both parties shall meet and have a mutual exchange of proposals.

(c) If neither party submits notice as per Clause 17.01 (b), this Agreement shall continue from year to year thereafter until notification of desire to amend or terminate is given within the aforementioned sixty (60) to one hundred and fifty (150) days in a subsequent year.

(d) The wording and figures contained in articles and schedules of this Agreement shall not be changed by either party, except through mutual agreement.

(e) Notwithstanding the termination date of this agreement, if notice has been given to commence collective bargaining, the terms and conditions contained herein shall remain in full force and effect until otherwise altered through the advent of a new collective agreement, or until a strike or lockout occurs, whichever is first.

LETTER OF UNDERSTANDING RE: FAMILY MEDICAL PROCESS 8.01(d)

The parties agree that in order to verify the family relationship, 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 article 8.01(d).

“Family” shall refer to the teacher’s parent, spouse/common-law partner, child, or person who is a member of the teacher’s dwelling.

LETTER OF UNDERSTANDING
2012-2016 COLLECTIVE AGREEMENT BETWEEN HIGH PRAIRIE SCHOOL DIVISION NO 48 AND THE ALBERTA TEACHERS' ASSOCIATION

3.01.01

The salary of the District Principal would be calculated in accordance with article 2.03 (Years of Teaching Experience and Years of Teacher Education) and the District Principal's allowance would be calculated in accordance with article 3.01.01 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.