The Alberta Teachers’ Association

This collective agreement is made this ___ of _________________ 20___ between Holy Family Catholic Regional Division No. 37 (Employer) and the Alberta Teachers’ Association (Association).

Whereas this collective agreement is made pursuant to the laws of the province of Alberta as amended from time to time including but not limited to the School Act, the Alberta Human Rights Act, the Public Education Collective Bargaining Act (PECBA), the Employment Standards Code, and the Labour Relations Code.

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

Whereas the parties desire that these matters be set forth in an agreement to govern the following terms of employment of the said teachers;

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

1.            APPLICATION/SCOPE

1.1          This collective agreement shall be applicable to every person who requires a teacher certificate as a condition of employment with the Employer excepting those positions agreed to be excluded in local bargaining between the Employer and the Association.

1.2          Excluded Positions

1.2.1      Superintendent

1.2.2      Assistant superintendent(s)

1.2.3      Any other designations which include the term superintendent with non-teaching duties

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 Employer on behalf of the teachers in each bargaining unit with respect to local terms, and to bind the teachers by a collective agreement.

1.4          The Employer retains those rights of management not specifically limited by the express terms of this agreement.

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

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

1.7          This collective agreement shall 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 an Employer 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 the Employer shall meet and commence collective bargaining not more than 30 days after notice is given. At the first meeting, the Association and Employer 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 Employer 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 employer, the Employer 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      The Employer 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 Employer financial statement;
d)            Total benefit premium cost;
e)            Total substitute teacher cost; and
f)             Total allowances cost.

3.            SALARY

3.1          Salary Pay Date/Schedule

3.1.1      The Employer shall pay all teachers monthly one-twelfth (1/12) of the salary rate in effect for that month on the twenty-fifth (25th) day of each month or the next banking day, except December when it shall be the third last operational day before Christmas. For the months of July and August, if a teacher requests in writing by April 1, they shall receive two one twelfth (1/12) payments on or before July 10.

3.1.2      Teachers teaching for the first year with the Employer, may request and receive a mid-month pay cheque not to exceed 1/2 of the estimated monthly salary, after the first two weeks of work.

3.1.3      Payment of the full amounts for administration shall commence on the effective date of appointment of the administrator.

3.2          Grid

3.2.1      The salaries and terms and conditions of the teachers’ employment with the Employer are governed by the provisions of this agreement and any statutory provisions relating thereto.

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

3.2.2.1   The amount of teacher education, pursuant to article 3.3,

3.2.2.2   The length of teaching experience, pursuant to article 3.4.

3.2.3      Effective September 1, 2016

3.3          Education

3.3.1      The evaluation of teacher education for salary purposes shall be determined by a statement of qualifications issued by the Alberta Teachers’ Association Teacher Qualifications Service in accordance with principles and policies established by the Teacher Salary Qualifications Service pursuant to the memorandum of agreement dated March 23, 1967, among the Department of Education, the Alberta School Trustees’ Association (now the Alberta School Employers’ Association) and the Association.

3.3.2      Placement on the salary schedule shall be pursuant to the most recent valid statement of qualifications at the first day of the school year or on commencement of employment and/or February 1st.

3.3.3      Each teacher claiming additional teacher education and each teacher commencing employment with the Employer, shall supply a valid statement of qualifications to the Employer within sixty (60) calendar days from commencement of the school year or from the date of commencement of employment or February 1st.

3.3.3.1   If the valid statement of qualifications is submitted within the sixty (60) calendar days, salary shall be paid according to that statement of qualifications effective the date of commencement of the school year, or the date of commencement of employment, or February 1st, whichever is applicable.

3.3.3.2   If such evidence is not submitted within the aforementioned sixty (60) calendar days the teacher shall be placed in the salary schedule according to the most recent acceptable valid statement of qualifications or if such statement of qualifications is not available, as determined by the Superintendent of Schools in conjunction with the secretary-treasurer of the Employer. In the event that a TQS evaluation is not available in that school year, the teacher shall be paid at not more than year four (4) on the grid. When such evidence is subsequently provided the teacher’s salary shall be adjusted effective at the beginning of the month following submission of such evidence.

3.3.3.3   Conditions of clauses 3.3.2 and 3.3.3 shall be waived if written evidence of application to the Teacher Qualifications Service is submitted to the secretary-treasurer of the Employer within sixty (60) calendar days.

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 an Employer may be carried over for calculation of experience increments in the following school year with that same Employer.

3.4.4      Provisions 3.4.1 through 3.4.3 take effect on September 1, 2017 and shall not be applied retroactively other than to permit unrecognized experience gained in the 2016-17 school year with an Employer being carried over for calculation of experience increments in the 2017-18 school year with that same Employer.

3.4.5      A teacher who provides active teaching service with the Employer for a minimum equivalent of 125 teaching days in the same school year shall be eligible for one teaching experience increment.

3.4.5.1   Part-time teachers who provide service under contract with the Employer for an equivalent period of 125 full days shall be eligible for an experience increment.

3.4.5.2   Substitute teachers shall be eligible for a salary experience increment upon the accumulation of each one hundred twenty-five (125) full days of substitute teaching with the Employer. [Effective until August 31, 2017, these days may be earned within three (3) consecutive years. Substitute teaching shall not be applicable for the administration of this clause.]

3.4.6      The number of days of teaching experience with a school board earned by a teacher prior to engagement by the Employer is counted as if it had been teaching experience in schools under the Employer’s jurisdiction.

3.4.7      The adjustment date for changes in the number of years allowed for teaching experience shall be on the first teaching day of the school year, February 1 or on commencement of employment.

3.4.8      Each teacher claiming additional teaching experience and each teacher commencing employment with the Employer, shall submit a written statement of teaching service from previous employers to the Employer within sixty (60) calendar days from commencement of the school year or from the date of commencement of employment.  An extension shall be granted upon submission of proof by the teacher of having applied for required statement(s) of previous teaching experience within the sixty (60) calendar days.

3.4.8.1   If such evidence is submitted within the sixty (60) calendar days, salary shall be paid according to this experience effective the date of commencement of the school year or the date of commencement of employment, whichever is applicable.

3.4.8.2   If such evidence is not submitted within the aforementioned sixty (60) calendar days the teacher shall be placed in the salary schedule according to the most recent acceptable statement of experience or at the minimum of their category according to years of university education. The teacher’s salary shall be adjusted effective the beginning of the month following submission of such evidence.

3.4.9      The portion of each teacher’s maternity leave for which Supplemental Unemployment Benefit (SUB) is paid shall count for increment purposes.

3.5          Other Rates of Pay

3.5.1      Service Outside the Operational Days

3.5.1.1   Teachers and Administrators who provide professional service outside the regular school year, at request of the Employer, shall be compensated one two-hundredth (1/200th) of their total annual salary for a full day of service or one four-hundredth (1/400th) for each half-day.  A half day is defined as any service provided up to three (3) hours.  Any service beyond three (3) hours is defined as a full day.

3.6          Other Allowances

3.6.1      Retention Allowance

3.6.1.1   After fifteen (15) continuous years of service as a teacher under contract with the Employer, a teacher shall be eligible for the following retention allowance:

$1,253 per annum to be paid in 12 equal instalments.

3.6.1.2   Continuous years of service shall be determined once in each school year as of June 30. Once a teacher attains the required years of continuous service, the long service allowance shall be paid effective the following school year.

3.6.1.3   Continuous years of service is defined as service earned while drawing a pay cheque from the Employer. Continuous years of service shall not be interrupted by virtue of being granted a maternity or adoption leave, leave of absence without pay, without pay and benefits or extended disability, however these leaves of absences shall not be counted in determining the fifteen (15) years of service.

3.6.2      Northern Travel Benefit Allowance

3.6.2.1   For the purposes of this agreement, 10% of the annual salary as set in clause 3.2.3 to a maximum of Four thousand dollars ($4,000.00) shall be considered to be a Travel Assistance Benefit paid and shall be indicated 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 benefit to the Employer.

3.6.3      Convention Expenses and Allowance

3.6.3.1   A teacher who is engaged by an Association Convention as a speaker shall be entitled to retain any honorarium and/or stipend provided by the Convention Association.  Attendance at the convention will be administered in accordance with the provisions of this Collective Agreement. 

4.            ADMINISTRATOR ALLOWANCES AND CONDITIONS OF PRACTICE

4.1          Administration Allowances

4.1.1      Principal Allowances

In addition to the salary in clause 3.2.3, each Principal shall receive, monthly, an allowance equal to one-twelfth (1/12) of the following schedule.

4.1.1.1   $12,810 basic allowance; plus

4.1.1.2   $769 for each of the first 10 certified teachers; plus

4.1.1.3   $536 for each additional certified teacher;

4.1.1.4   The teacher count shall be as of October 31 of the current school year.

4.1.2      Vice Principal and Assistant Principal Allowances

4.1.2.1   In addition to the salary in clause 3.2.3, each Vice-Principal shall receive 50 per cent of the allowance paid to the Principal.

4.1.2.2   The Assistant Principal shall receive 25 per cent of the principal allowance.

4.1.3      Division Supervisor and Division Coordinator Allowances

In addition to salary in clause 3.2.3, each supervisor or coordinator shall receive, monthly, an allowance equal to one-twelfth of the following schedule:

4.1.3.1   Division Supervisor: Equal to 20 per cent of the grid position for a teacher with four years education and maximum experience.

4.1.3.2   Division Coordinator: Equal to 10 per cent of the grid position for a teacher with four years education and maximum experience.

4.1.4      Faith Permeation Coordinator

4.1.4.1   A Letter of Understanding for the Faith Permeation Coordinator.

4.1.5      Additional Allowances

4.1.5.1   When additional allowances not covered by this agreement are being paid, a job description for each such position shall be supplied to the local teacher’s teacher welfare committee.

4.2          Red Circling

4.2.1      In the event that the Employer requests a transfer of a school level administrator to a divisional position or a school level administrator to another school for which the administrative allowance is a lesser amount than the administrator is receiving, the administrator shall continue to receive the allowance in effect on the date of the notice of transfer until such time that the provisions of the collective agreement entitle the administrator to an annual allowance which is greater.

4.3          Acting/Surrogate Administrators – Compensation

4.3.1      In the absence of a Principal and Vice-Principal, where applicable, a teacher shall be designated to serve as Acting Principal. When appointed, the Acting Principal shall receive an allowance equal to 1/200 of the Principal’s allowance for each day of the appointment.

4.3.2      The administrator or acting administrator, at their discretion, shall be provided release time from teaching duties during the period of designation.

4.4          Teachers with Principal Designations

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

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

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

4.5          Other Administrators Conditions

4.5.1      Allocation and Appointment of Administration

4.5.1.1   In schools where there are 15 or more teachers (exclusive of the principal) the Employer shall designate a teacher as Vice-Principal or Assistant Principal.

5.            SUBSTITUTE TEACHERS

5.1          Rates of Pay

5.1.1      Payment for substitute teachers who work more than half a day shall be 0.234 per cent of the maximum step and four years education per day inclusive of vacation pay. Payment for substitute teachers who work less than half a day shall be 0.117 per cent of the maximum step and four years education inclusive of vacation pay.

5.2          Commencement of Grid Rate

5.2.1      Number of days to go on grid: Substitute teachers shall be placed on the grid according to their TQS evaluation, on the fourth (4th) consecutive day of substitution for the same teacher.

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      Cancellation of Substitute Assignment

5.3.1.1   When a substitute teacher has accepted employment, such employment shall not be cancelled after 5:00 p.m. the day before the assignment.

5.3.2      Booking of Substitutes

5.3.2.1   The Employer will make best efforts to ensure that substitute teacher(s) will be hired for each teacher absence, on an instructional day.

6.            PART TIME TEACHERS

6.1          FTE Definition: Effective September 1, 2017, part-time teacher FTE will be determined by the ratio of the teacher’s actual annual instructional time to the teacher instructional time of a full-time assignment in the teacher’s school. This FTE will be used to calculate the prorated portion of a teacher’s assignable time.

6.2          Part-time Teachers Salaries

6.2.1      Part-time teachers shall receive the salary stipulated in this agreement on a prorated basis according to the percentage of time worked.

6.2.2      A part-time teacher shall be paid a salary equal to the percentage of their full-time equivalent compared to that of a full-time teacher.

6.3          Part-time Teachers Benefits and Proration

6.3.1      Part-time teachers who work 0.5 FTE or higher are entitled to the same benefits and Employer contributions under Article 7 as full time teachers. Part-time teachers who work less than 0.5 FTE are entitled to fifty percent (50%) benefits and Employer contributions under Article 7.

6.4          Other Part-time Conditions

6.4.1      A part-time teacher’s FTE will not be varied by more than 0.2 FTE without mutual agreement.

7.            GROUP BENEFITS

7.1          Group Health Benefit Plans, Carrier and Premiums

7.1.1      Subject to the provisions of the master policies, the Employer shall pay 100 per cent of the premiums of the following plans for each teacher.

7.1.1.1   Extended Health Care Plan I

7.1.1.2   Extended Disability Plan D

7.1.1.3   Group Life, Schedule 2

7.1.1.4   Alberta Health Care

7.1.1.5   Dental Care Plan III

7.1.1.6   Vision Care III.

7.2          Group Benefit Eligibility

7.2.1      All teachers, as a condition of employment, shall participate in 7.1.1.2 and 7.1.1.3 identified in article 7.1.1 above.

7.3          Health Spending Account

7.3.1      The Employer shall pay into a Health Spending Account each year for each teacher the following: $900/year.

7.3.2      The Health Spending Account shall be administered by ASEBP and the Employer will assume the cost of administering the plan.

7.3.3      For those teachers employed as of October 31, the Employer will deposit the full amount of the HSA no later than November 30.

7.3.4      For those teachers hired after October 31 through the interim or temporary contract, the following will apply:

7.3.4.1   A teacher on interim or temporary contract employed by the Employer the following September will receive the prorated HSA amount the following year.

7.3.4.2   A teacher on interim or temporary contract for less than a year and not returning the following year will be entitled to a prorated HSA that will be administered by the division.

7.4          Other Group Benefits

7.4.1      Employment Insurance Premium Reduction

7.4.1.1   It is understood that payment made toward the aforementioned benefit plans shall permit the Employer to retain and not pass on to teachers any rebate of premiums otherwise required under the Employment Insurance Commission regulations.

7.4.2      Retirement Benefit Package

7.4.2.1   When a teacher participating in the ASEBP early retirement package or other form of retirement benefit package is employed by the Employer, the Employer will pay the teacher the amount the Employer would be required to contribute to the teacher benefit premiums if that teacher were to be enrolled under article 7.1.1.

8.            CONDITIONS OF PRACTICE

8.1          Teacher Instructional and Assignable Time

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

8.1.2      Effective September 1, 2017, teacher assignable time will be capped at 1200 hours per school year commencing the 2017-18 school year.

8.2          Assignable Time Definition

8.2.1      Assigned Time is defined as the amount of time that Employers 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)            Employer 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 Employer 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 employers. Teachers have discretion, to be exercised reasonably, as to when they carry out their professional responsibilities that extend beyond their assigned time.

8.2.3      Time spent traveling to and from professional development opportunities identified in 8.2.1 (e) will not be considered in the calculation of a teacher’s assignable time if:

a)            the teacher is being provided any other pay, allowances or a per diem for that travel time (excluding any compensation provided for mileage).

b)            the actual distance required to travel for the purposes of such professional development does not exceed the teachers’ regular commute to their regular place of work by more than eighty (80) kilometers. In such instances, assignable time will be calculated as one quarter (1/4) of an hour for every twenty (20) kilometers traveled in excess of the eighty (80) kilometer threshold.

c)            the time is spent traveling to and from the teacher’s annual convention.

8.3          Other Conditions of Practice

8.3.1      Preparation Time

8.3.1.1   The Employer shall not unilaterally impose additional responsibilities that reduce the amount of personal preparation time available during the school day.

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 Employer’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      Employers and/or schools are not restricted in developing their own staff development plan in which the Employer and/or school may require teachers to participate.

9.2          Tuition Assistance Allowance

9.2.1      Teachers shall be able to access funds for approved courses to support their professional growth plans up to the same amount as the established school professional development funding.

9.2.2      Upon proof of successful completion of a university-accredited course, a teacher shall be reimbursed up to $1,459 per full course per school year or up to $730 per half course. A full course is defined as 78 university credit contact hours and a half course is defined as 39 university credit contact hours. Applications, including the details of the course to be taken must be submitted to the Employer prior to May 31 of the school year the course was completed. No teacher shall be entitled to receive benefit from this provision for more than one full course per school year.

9.2.3      Tuition Assistance Allowance is not available to those teachers on approved Educational Leave as per clause 9.3.3.

9.3          Professional Improvement / Educational Leave

9.3.1      Educational leave shall mean any leave of absence granted to a teacher for professional development through study. A teacher who has been employed by the Employer for five years or more may, upon application, be granted leave of absence by the Employer for one year or for one-half year.

9.3.2      A leave of absence granted by the Employer under clause 9.3.1 shall be subject to the following conditions and understanding:

9.3.2.1   that the teacher will spend the leave in improving professional qualifications as a teacher, in such a manner as is approved by the superintendent of schools,

9.3.2.2   that the teacher will not engage in remunerative work during the leave, unless the remuneration is accorded in connection with a fellowship awarded by the education institution where studies are pursued,

9.3.2.3   that the leave will be taken during one school year only,

9.3.2.4   that the teacher will return to regular duty with the Employer at the opening of schools for the next school year or for the next half school year, as the case may be.

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

9.3.3      The remuneration of a teacher granted educational leave shall be an annual salary, payable in 12 equal monthly instalments of: 70 per cent of the teacher’s salary in effect at the time the leave was granted. Maximum salary under this article shall be 70 per cent of the 4 year maximum in effect at the time the leave was granted.

9.3.4      Remuneration for an educational leave granted for a half-year by the Employer shall be calculated on a prorated basis in accordance with clause 9.3.3.

9.3.5      If a teacher receives less than the full remuneration entitled under 9.3.3, the time that they are required to provide service shall be prorated in accordance with the remuneration. In any event, the teacher shall be required to return to their duties for a period for at least one year.

9.3.6      Should a teacher by mutual agreement, resign or retire from the service of the Employer before completing their two (2) years of service following such leave, the repayment of educational leave salary with interest, as charged by the bank where the Employer transacts its business, shall be made to the Employer on a prorated basis.

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

9.3.8      A teacher on leave of absence under clause 9.3.1 shall return to the same school in an equivalent position or another assignment agreeable to the teacher.

9.3.9      For leaves commencing on or after September 1, applications must be made on or before the first of March of the same calendar year.

9.3.10    The Employer shall consider all applications and shall grant at least one educational leave per year if any applications are received. All applicants shall be informed of the Employer’s decision on or before the last day of March in each year.

10.          SICK LEAVE / Medical Certificates and Reporting

10.1        Annual sick leave, with pay, shall be granted to a teacher for the purpose of obtaining necessary medical or dental treatment because of accident, sickness or disability, in accordance with the following schedule:

10.2        Sick leave shall accumulate during the first year of service at the rate of 100 per cent of the unused portion of the yearly 20 days (two days per month worked). Where a teacher teaches for less than a school year, authorized absence under this clause may in the aggregate not exceed two days for each month taught.

10.2.1    Upon active commencement of duties in the second consecutive school year of continuous employment under a contract of continuous employment with the Employer all unused sick leave credits shall be cancelled.

10.2.2    During the second and subsequent years of service, sick leave with full salary will be granted for sickness for a period of 90 calendar days.

10.2.3    Where a teacher has suffered an illness and/or has been paid under the provisions of the Alberta School Employee Benefit Plan, upon return to duty, shall be entitled to an additional 90 calendar days of sick leave.

10.2.4    In instances where the teacher has been continuously absent for a period of 60 or more calendar days, reinstatement of the sick leave entitlement shall be made contingent on the teacher providing a medical certificate (Appendix A), signed by a medical practitioner prior to the date of return verifying that the teacher is able to return to work on a continuing basis.

10.2.5    In addition, the 90 calendar days shall not be reinstated until the teacher has been actively at work for 10 consecutive teaching days, unless the absence is a result of a new medical condition supported by a certificate signed by a medical practitioner (Appendix B). Should a teacher be unable to fulfill the above requirement then sick leave shall only be available to the extent of the unused portion of the initially available 90 calendar days.

10.2.6    Upon submission of a receipt for the cost of completing the certificate along with the completed certificate, the Employer shall reimburse the teacher for the charges levied by a medical practitioner for the completion of the certificate as per clause 10.2.4 and 10.2.5.

10.2.7    These certificates shall only be amended by the agreement of the parties.

10.3        On the termination of employment of a teacher, all sick leave entitlements with the Employer shall be cancelled.

10.4        If the absence is for a period of more than three (3) consecutive days, the teacher is required to present a medical certificate within a reasonable time.

10.5        After 90 continuous calendar days of illness or medical disability, no further salary shall be paid. When a teacher has been on sick leave and wishes to return to work, the teacher may be required by the Employer to provide medical evidence, satisfactory to the Employer, that the teacher is fit to commence duties as assigned, at the Employer’s expense.

10.6        In the event there is an epidemic or public health notice issued by the local public health authority, the Employer may waive the requirement to provide a medical certificate upon notification to the Association.

11.          MATERNITY, ADOPTION AND PARENTAL LEAVE

11.1        Maternity Leave/Parental Leave/Adoption Leave

Teachers are entitled to 15 weeks of maternity leave.

11.1.1    The maternity leave will begin at the discretion of the teacher. The teacher shall, when possible, notify the Employer of her leave requirements six weeks in advance of the first day of leave.

11.1.2    The Employer may request a statement from a physician indicating the approximate date of delivery.

11.1.3    Maternity leave shall be without pay and Employer contributions towards benefit premiums except for as provided in paragraph (a).

(a)          (i) The Employer shall implement and maintain a SUB plan which shall provide teachers on maternity leave with one hundred per cent (100%) of their weekly and benefits salary under the SUB plan for the health-related portion of the leave.

(ii) The Employer shall pay its portion of 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 Employer contributions toward benefit premiums.

(iii) SUB payments shall be payable for a maximum of 17 weeks or for the period covered by accumulated sick leave, whichever is less.

(iv) After 90 consecutive calendar days of disability the teacher  shall apply for EDB and no further salary, or SUB shall be payable. The Employer shall advise each teacher to apply for EDB at least 30 days in advance of her expected eligibility for such benefit.

(b)          Or the teacher may access sick leave entitlements at full pay and benefits in accordance with clause 10.

11.1.4    In addition to the 15 week leave, each teacher shall be eligible for a further 37 week parental leave without pay and Employer contribution to benefit premiums provided such is continuous with the maternity leave.

During this period, the teacher shall be eligible to maintain benefit insurance coverage provided the teacher pays 100 per cent of the premiums directly to ASEBP.

11.1.5    Parental Leave following Maternity Leave

(a)          At least two weeks prior to the 37 week parental leave commencing, each teacher shall endeavor to provide written notice to the Employer of the date they plan on returning to work.

(b)          Within this 37 week parental leave the teacher may amend their return date, in consultation with the Superintendent or designate, providing they give the Employer four weeks notice of the new return date.

11.1.6    Adoption Leave

(a)          A teacher shall be entitled to 37 weeks of adoption leave, within 52 weeks of the child being placed with the adoptive parent, without pay or Employer contribution to benefit premiums.

(b)          The teacher concerned shall notify the Employer six weeks prior to commencement of the leave. If matters arising from adoption procedures prevent such notice the teacher shall provide such notice as is possible.

(c)           Within this 37 week adoption leave the teacher may amend the return date, in consultation with the Superintendent or designate, providing the teacher gives the Employer four weeks notice of the new return date.

11.1.7 Parental Leave

(a)          A teacher is entitled to 37 weeks of parental leave provided the teacher has not accessed the provisions of clauses 11.1.4 or 11.1.6.

(b)          The teacher shall provide six weeks notice of intent to commence leave. If matters arising from a birth or adoption  prevent such notice the teacher shall provide such notice as is possible.

(c)           Within this 37 week parental leave the teacher may amend their return date, in consultation with the Superintendent or designate, providing the teacher gives the Employer four weeks notice of the new return date.

During this period, the teacher shall be eligible to maintain benefit insurance coverage provided the teacher pays 100 per cent of the premiums directly to ASEBP.

11.1.8    Teachers returning from maternity leave, parental leave, or adoption leave shall be returned to the position held at the commencement of the leave or an equivalent position agreeable to the teacher.

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 Employer 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 Employer will continue paying the Employer 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 Employer paid benefit premiums, and shall reimburse the Employer 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 Employer paid benefit premiums, and shall reimburse the Employer upon receipt of an invoice.

11.2.6    If a teacher has not fully repaid the cost of benefit premiums previously paid by the Employer 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        A teacher shall be granted two (2) days personal leave per school year without loss of pay and without deductions for substitute pay providing that:

12.1.1    A substitute is available.

12.1.2    A planned program is available for the substitute.

12.1.3    The notice is submitted in writing to the Principal.

12.2        Each teacher may accumulate personal days to a maximum of five (5).

12.2.1    No more than three (3) consecutive days may be taken at any one time.  Upon written request to the Superintendent, approval for more than three (3) consecutive days may be granted and notification of decision will be given, in writing, within ten (10) calendar days.

12.3        Notwithstanding clause 12.1 and 12.2, no personal leaves will be granted to teachers during the two (2) days immediately preceding and following Christmas vacation, Easter vacation, spring break, and summer vacation. Upon written request to the Superintendent, approval may be granted if:

12.3.1    no other paid leave can be accessed;

12.3.2    the date of the event is not within the teacher’s control;

12.3.3    a substitute is available;

12.3.4    where possible, the request is made two (2) weeks in advance;

12.3.5    any request that does not meet the above criteria will be dealt with on an individual basis in consultation with the Superintendent.

13.          ASSOCIATION LEAVE AND SECONDMENT

13.1        A teacher shall be granted leave of absence with pay provided the Employer is reimbursed by the Association for the actual costs of the substitute, including the Employer 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 Employer 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 Employer. The Association will reimburse the Employer as per Clause 13.1. Such leaves will not be unreasonably denied.

13.3        Where the Association requests a secondment for a teacher who is elected to Provincial Executive Council, as the President of a local, or other local official already named in the collective agreement, the teacher shall be seconded on a scheduled basis up to a maximum of the teacher’s FTE provided that the amount of FTE the teacher is seconded is mutually agreed to by the Employer, the teacher, and the Association and is at no cost to the Employer.

13.4        During such secondment, the Employer 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 Employer for all payments made by the Employer to the teacher or on his/her behalf while on secondment under this clause.

14.          OTHER LEAVES

a.            A teacher may also apply for leave of absence for reasonable cause and it shall be at the sole discretion of the Superintendent to grant such leave, to determine the length of the leave and whether it shall be granted with or without salary or with salary less the cost of the substitute.

b.            Notwithstanding the foregoing, the Employer shall continue the premium payment for health insurance plans during leaves of absence of less than five (5) teaching days.

c.             All requests for leave shall be made in writing and shall be made at least one month prior to the beginning of the leave, except in situations of unforeseen or emergency nature, in which case the teacher’s request shall be made as soon as they become aware of the situation which prompted the request for leave.

d.            A teacher who has been granted a leave of absence and fails to return on the date granted by the Employer, shall be deemed to have terminated their employment, unless it is subsequently shown that special circumstances prevented them from reporting to their place of work.

e.            Experience increments shall not be granted for leave of absence.

f.             Any eligible leave where teachers wish to maintain benefit insurance coverage will have the option to pre-pay or post-pay contributions with written notification to the Corporate Treasurer.

14.1        Bereavement Leave

14.1.1    In the event of a death, in order to attend a funeral of a father, mother, legal guardian, wife, husband, child, brother, sister, grandparents or grandchildren, uncle or aunt, father-in-law or mother-in-law of the employee, or relative who is a member of the household, bereavement leave with pay will be provided as follows:

14.1.1.1                Up to five (5) working days if death or funeral occurs within a 1,000 kilometre radius from the teacher’s usual residence.

14.1.1.2                Up to seven (7) working days if death or funeral occurs outside of a 1,000 kilometre radius from the teacher’s usual residence.

14.1.2    A teacher is entitled to a leave of up to three days with salary and benefits to attend the funeral of a relative not mentioned in clause 14.1.1, provided a planned program of instruction can be maintained by the school.

14.2        Critical Illness Leave

14.2.1    In the event of critical illness of a father, mother, legal guardian, wife, husband, child, brother, sister, grandparents or grandchildren, uncle or aunt, father-in-law or mother-in-law of the employee, or relative who is a member of the household, critical illness leave with pay will be provided as follows:

14.2.1.1                Up to five (5) working days if the critical illness occurs within a 1,000 kilometre radius from the teacher’s usual residence.

14.2.1.2                Up to seven (7) working days if the critical illness occurs outside of a 1,000 kilometre radius from the teacher’s usual residence.

14.2.2    A medical certificate attesting the critical illness must be submitted if requested by the Superintendent or designate. Critical illness is defined as where death of one of the relatives named in 14.2.1 is imminent.

14.3        Family Medical Leave

14.3.1    Five (5) days per school year leave shall be granted with full pay for necessary family medical attention provided that the teacher’s number of sick leave days as granted by clause 10.2 is reduced by a corresponding amount.

14.3.2    Family is defined as spouse, child, parent, parent-in-law and members of the immediate household. 

14.4        Leave for Child’s Arrival

14.4.1    For not more than five days, paternity leave shall be granted for the birth of the teacher’s own child to be used within two weeks of the day of birth.

14.5        Inclement Weather and Impassable Road Condition Leave

The Superintendent or his designate shall grant leave when the teacher despite reasonable effort, is unable to travel to his school from his usual place of residence because of:

14.5.1    Inclement weather, or

14.5.2    Impassable public road conditions.

14.6        Jury or Crown Witness Duty Leave

14.6.1    A Leave of Absence without loss of pay and benefits, shall be granted

a)            for Jury Duty or any summons related thereto; or

b)            to answer a subpoena or summons to attend any court proceedings as a witness in a cause other than their own.

14.6.2    The teacher shall reimburse the Employer an equivalent amount of any remuneration, less any expenses, set out by the court.

14.6.3    A teacher shall not be paid for time missed to attend court as a result of being charged with an offence or if acting as a volunteer witness.

14.7        Convocation and University/Post-Secondary Exam Leave

a)            A teacher shall be granted one (1) day without loss of pay or benefits for attendance at their own convocation or other post-secondary graduation.

b)            A teacher may be provided, with pay, at the sole discretion of the Superintendent, in order to write university/post-secondary exams for course(s) in which they are enrolled.

14.8        Family Needs Leave

14.8.1    A teacher shall be granted two (2) days Family Needs Leave per school year without loss of salary or benefits and without deductions for substitute pay providing that:

14.8.1.1                the absence is to take care of obligations/needs of the teacher’s child, spouse, parent, parent-in-law, and members living in the teacher’s household,

14.8.1.2                a substitute is available,

14.8.1.3                a planned program is available for the substitute, and

14.8.1.4                the notice is submitted in writing to the Principal.

14.8.2    These days must be used in the current school year with no carry-over.

14.8.3    Notwithstanding clause 14.8.1, no Family Needs Leaves will be granted to teachers during the two (2) days immediately preceding and following Christmas vacation, Easter vacation, spring break, and summer vacation.

14.8.4    Notwithstanding clause 14.8.1 or 14.8.3 no Family Needs leaves can be attached to Personal Leave Days or any other leaves.

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 Employer 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 Employer 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 Employer, 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 Employer rectify any failure to comply with the collective agreement.
b)            An affected Employer 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 Employer.
c)            Teachers covered by the collective agreement who are affected by the award.

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

16.          LOCAL GRIEVANCE PROCEDURE

16.1        The parties agree to the following dispute resolution process in order to resolve differences arising between any teacher covered by this agreement and the Employer, or in a proper case between the Association and the Employer as to the interpretation, application, operation or contravention, or alleged contravention of any local condition of this Agreement or as to whether such difference can be the subject of arbitration, the Association shall have the right to present a grievance.

If at any time the parties agree that the alleged violation is of a central nature, the grievance procedure shall be transferred to the central grievance procedure and the central grievance procedure time lines shall be adhered to.

If the alleged violation is initiated as a central nature and then defined as a local grievance, the central grievance shall be transferred to the local grievance procedure and the local grievance procedure time lines shall be adhered to.

The alleged local condition violation shall be dealt with as follows:

16.2        Informal Step

16.2.1    All such grievances shall be submitted to the Corporate Treasurer, or designate, within thirty (30) operational days of the alleged violation to attempt to resolve the grievance.

16.2.1.1                All grievances must be presented in writing, and shall set out the nature of the difference, the articles of the Agreement that has been allegedly been violated and the remedy sought.

16.2.1.2                The Teacher, with or without representation, or in the proper case Association, shall first attempt to resolve any dispute through discussion with the Corporate Treasurer, or designate.

16.2.1.3                Notwithstanding 16.2.1.2, a Teacher shall have the right to be accompanied by an Association Representative at any meeting described in this Article.

16.2.1.4                In this informal step, the parties agree to share relevant information to the dispute.

16.2.1.5                The Corporate Treasurer, or designate, shall provide a written reply to the Teacher within ten (10) operational days.

16.3        Formal Steps

16.3.1    In the event that the grievance is not settled in the Informal Step, the teacher may within fifteen (15) operational days reply, advance the matter, in writing, to the Superintendent/Designate.  The Grievor and/or their representative shall be permitted to attend a meeting with the Superintendent/Designate to make representations in support of the grievance.  This meeting shall be scheduled within ten (10) operational days from the date the teacher’s submission was received by the Superintendent/ Designate.

16.3.2    The Superintendent/Designate shall prepare and deliver a written response to the teacher and Coordinator of Teacher welfare within ten (10) operational days from the date of the meeting noted above.

16.4        Mediation And/Or Arbitration

16.4.1    In the event that the Association is not satisfied with the written response by the Superintendent/Designate, or within ten (10) operational days from the date the Superintendent/Designate response was to be delivered, the Association may refer the matter to Mediation and/or Arbitration as per section 138 of the Alberta Labour Relations Code, Chapter L.1, 2000 (providing for a three person Board). 

16.5        Mediation

16.5.1    If the parties agree to Mediation, a mediator shall meet with the parties to assist the parties in reaching a resolution of the dispute.

16.5.2    The grievance may be resolved by mutual agreement between the parties. The parties may request that the Mediator issue a report including non-binding recommendations.

16.5.3    The expenses of the Mediator shall be borne equally by both parties.

16.6        Arbitration

16.6.1    Notwithstanding 16.5, either party may request that the dispute be heard by a single Arbitrator.

16.6.2    If either party wishes to have the issue heard by an Arbitration Board rather than a single Arbitrator they shall advise the other party of this prior to the selection of the Arbitrator.

16.6.3    Each party shall appoint one member as its representative on the arbitration board within fifteen (15) operational days of such notice.  The two members so appointed shall endeavor to select an Arbitrator. 

16.6.4    If the two members fail to select an Arbitrator, they shall request the Director of Mediation Services, to select an Arbitrator.  This same process would hold true for Mediation or a Single Arbitrator. 

16.6.5    The grievance procedure time limits may be extended at any stage by mutual agreement by the parties.

16.6.6    Nothing in the grievance procedure precludes the parties from agreeing to informally resolve the matter.

16.6.7    The findings and decisions of a majority of the Arbitration Board is the award of the Arbitration Board and is final and binding upon the parties and upon any employee affected by it.  If there is not a majority, the decision of the Arbitrator governs and it shall be deemed to be the award of the Board.

16.6.8    The Arbitration Board shall not change, amend or alter any of the terms of this Agreement.  All grievances or differences submitted under this Agreement shall not depend on or involve an issue or contention by either party that is contrary to any provision of this Agreement or that involves the determination of a subject matter not covered by or arising during the term of this Agreement.

16.6.9    Each party to the Grievances shall bear the expenses of its respective appointee and the two parties shall bear equally the expenses of the Arbitration Chairperson. 

16.6.10  In the event, at any stage of the aforesaid procedure (except in respect of appointing persons to the Arbitration Board) the grievor fails to take necessary action within the time limits specified the grievance shall be deemed to be at an end.

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

16           EMPLOYMENT

17.1        Temporary Contracts

17.1.1    Each teacher on temporary contract shall be notified in writing by May 30, whether or not their contract will be renewed for the following school year. In special cases the letter might be non-committal and contain an explanation.

17.2        Staff Reduction and Retaining

17.2.1    No teacher shall have his/her contract terminated due to staff reduction if a suitable position becomes available through staff attrition.

17.3        Transfers

17.3.1    When a teacher, upon request by the Employer, is transferred to another school which requires a change of residence, the Employer will pay receipted expenses to a maximum of $1,000.

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 Employer but also provide assurance for teachers that increases in the length of instructional days may result in associated time off for teachers.

1.2          For the purpose of this collective agreement and notwithstanding the provisions of the School Act, Teachers’ Convention is counted as a non-instructional day.

1.3          The trial program will take place during the 2017-18 school year and expires on August 31, 2018, notwithstanding that the collective agreement is bridged by operation of law.

New Letter of Understanding # 2 – Me Too Clause/Increase Modifier

1.            For the purposes of this Letter of Understanding only, the following definitions apply:

1.1          “comparator agreement” means the provincial collective agreements listed below for the period commencing April 1, 2017:

•             Government of Alberta and the Alberta Union of Provincial Employees respecting the Locals 1, 2, 3, 4, 5, 6 and 12
•             Alberta Health Services and United Nurses of Alberta
•             Alberta Health Services and the Health Sciences Association of Alberta
•             Alberta Health Services and Alberta Union of Provincial Employees – Auxiliary Nursing
•             Alberta Health Services and Alberta Union of Provincial Employees – General Support Services

1.2          “first year” means with respect to a comparator agreement the period from April 1, 2017 to March 31, 2018.

1.3          “second year” means with respect to a comparator agreement the period from April 1, 2018 to March 31, 2019.

1.4          “general salary increase” means a salary increase percentage applied to all steps of all grids of a comparator agreement.

1.5          For greater certainty, “general salary increase” does not include market supplements or adjustments, grid adjustments, signing bonuses, reclassifications, changes to benefit premium cost sharing, new benefits or any other form of compensation whatsoever other than a common percentage increase applied to all steps of all grids applicable to each bargaining unit. It includes only such general salary increases negotiated, prior to a strike or lockout, and does not include any increases resulting from a voluntary interest arbitration award, a disputes inquiry board recommendation, or a settlement during or following a strike or lockout.

1.6          “Lump sum payment” means a one-time payment, consistent with other one-time payments sometimes referred to as signing bonuses. “Lump sum payment” explicitly does not include the continuation or renewal of lump sum payments currently provided in existing comparator agreements between employers and unions listed in Clause 1.1 of this Letter of Understanding.

2.            If a general salary increase(s) for a comparator agreement in either the first year (September 1, 2016 to August 31, 2017) or second year (September 1, 2017 to August 31, 2018) exceeds 0%, the general salary increase(s) negotiated under that comparator agreement will be applied to the salary grid, administrative allowances and daily substitute teacher rate of pay of the collective agreements with the Association in the first year or the second year respectively, and effective the same date(s) as provided in the affected comparator agreement. If more than one general salary increase is negotiated for comparator agreements, the increases shall not be compounded across multiple comparator agreements, however, the total highest such general salary increase(s) in each year will be applied to the salary grid, administrative allowances and daily substitute teacher rate of pay.

3.            If a new lump sum payment(s) for a comparator agreement in either the first year (September 1, 2016 to August 31, 2017) or second year (September 1, 2017 to August 31, 2018) is negotiated, the newly negotiated lump sum payment(s) negotiated under that comparator agreement will be applied to the collective agreements with the Association in the first year or the second year respectively, and effective the same date(s) as provided in the affected comparator agreement. If more than one newly negotiated lump sum payment is negotiated for comparator agreements, the lump sum payments shall not be compounded across multiple comparator agreements, however, the total highest of such lump sum payment(s) in each year will be applied to the salary grid, administrative allowances and daily substitute teacher rate of pay.

4.            This Letter of Understanding expires on August 31, 2018 and will not be extended beyond that date notwithstanding that the collective agreement is bridged by operation of law. This Letter of Understanding will not apply to a general salary increase or lump sum payment for a comparator agreement negotiated to be effective after August 31, 2018.

New Letter of Understanding #3 – Classroom Improvement Fund (CIF) Grant Program

1.            Each Employer will establish a committee to support the CIF grant program. CIF committees will be composed of equal number of Employer representatives, appointed by the Employer or designate, and teacher representatives, appointed by the Association. Teacher representatives must be employed by the Employer. 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 Employer. 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 Employer.

3.            A majority of the CIF committee members must agree in order to advance a proposal for a CIF grant.

4.            The Employer 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.

New Letter of Understanding # 4 – Lieu Day(s) for School-Based Principals

Effective for Date of Ratification, School-Based Principals will be granted two (2) day(s), in lieu per school year, at a time mutually agreeable to the Principal and the Superintendent or Designate.

The paid days must be taken by May 31st, of the school year, or days will forfeited and no payment shall be made in lieu. For any extension to the end of the school year, permission of the Superintendent or designate must be granted.

Should this provision be agreed to the Central table in the next round of bargaining, this Letter of Understanding shall become null and void.

Letter of Understanding # 5 – Faith Permeation Coordinator

The teacher currently holding the administrative designation of Faith Permeation Coordinator shall continue to receive their 2011-2012 administrator allowance until either a) they resign from Holy Family Catholic Regional Division No 37, or b) the Faith Permeation Coordinator allowance surpasses their current allowance. At such time, they will receive the Faith Permeation Coordinator allowance.

Appendix A

Return from Medical Leave Certificate

1.   Employee Name: ________________________________________________________

2.   Job Title/Occupation: _____________________________________________________

3.   Current Work Capacity:

• Return to work with no restrictions

• Return to work with modified Work

Restrictions on work (i.e. Modified hours or modified duties)

________________________________________________________________________

________________________________________________________________________

Attending Physician: ________________________________________________________

Date: ___________________________________________________________________

Appendix B

Certification that Required Medical Leave Is Due to a New Condition Certificate

1.   Employee Name: ________________________________________________________

2.   Job Title/Occupation: _____________________________________________________

I certify that the condition causing the above named person to be absent from work is different than the condition that required them to be absent on the dates of ___________________________________ .

Attending Physician: ________________________________________________________

Date: ___________________________________________________________________