The Alberta Teachers’ Association

This Collective Agreement is made in duplicate this ___ day of________, 2015, pursuant to the School Act, and the Labour Relations Code.

Between

THE

Holy Spirit Roman Catholic Separate Regional Division No. 4

(hereinafter called “the  Employer”)

of the first part

and

THE ALBERTA TEACHERS’ ASSOCIATION

A body corporate, incorporated under the laws of the Province of Alberta,

(hereinafter called “the Association”)

of the second part

WHEREAS the Association is the bargaining agent for the teachers employed by the Employer, and

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

WHEREAS the parties desire that these matters be set forth in a collective agreement to govern the terms of employment of the said teachers;

This agreement will affirm the spiritual, professional, and individual dignity of each and every employee.

Through this agreement, by providing security for its employees, the Employer ensures quality education for the children, the trust given the Employer by the community.

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

ARTICLE 1   APPLICATION OF THE COLLECTIVE AGREEMENT

1.1   The Collective Agreement applies to all employees of the Employer who as a condition of their employment must possess a valid teaching certificate issued under the authority of the Department of Education, the Province of Alberta, herein collectively called the teachers except those designated as:

1.1.1   Superintendent of Schools

1.1.2   Deputy Superintendent of Schools

1.1.3   Associate Superintendent of Schools

1.1.4   Assistant Superintendent of Schools

1.1.5   Director and those above the level of Director

1.2   The salaries and the terms and conditions of the teachers' employment with Employer are governed by the provisions of this Agreement and any statutory provision relating thereto.

ARTICLE 2   EFFECTIVE TERM OF AGREEMENT

2.1   This Collective Agreement shall, except where otherwise specified take effect on September 1, 2012 and shall remain in full force and effect until August 31, 2016.  The two parties may at any time, upon their mutual agreement, negotiate revisions of this agreement.  Any such revisions shall become effective from such date as shall be agreed upon by both parties.

Either party may give to the other not less than sixty (60) days nor more than one hundred fifty (150) days prior to the termination of this agreement, a notice in writing of its intention to commence bargaining.

2.2   The parties shall exchange particulars of all amendments sought, either prior to or at the first meeting following such notice to commence bargaining. Negotiations shall be limited to the items in the two lists combined unless changes are mutually agreed to.

ARTICLE 3   SALARY SCHEDULE

3.1   The Employer shall pay all of the teachers in its employ the salaries and allowances as herein set forth and computed.

3.2   The amount of teacher education of a teacher and length of teaching experience computed as hereinafter provided shall together determine the annual rate of salary to be paid to each teacher employed by the Employer.  One month's salary shall be considered to be 1/12 of the annual salary rate applicable in that month.  Tabulated below are the minimum and the maximum salary rates and the experience increments for each year of teacher education.

3.3   Teachers under contract, except substitute teachers, shall normally be paid by the 25th day of each month.

3.4   Salary Schedule

2012-13   0%

2013-14   0%

2014-15   0.2% effective September 1, 2014

2015-16   2% effective September 1, 2015

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

Effective September 1, 2012 roll up continues through completion.

Effective September 1, 2012

Effective September 1, 2014

Effective September 1, 2015

ARTICLE 4   EVALUATION OF TEACHER EDUCATION

4.1   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 the principles and policies established by the Teachers Salary Qualifications Board pursuant to the Memorandum of Agreement dated March 23rd, 1967, between the Department of Education, the Alberta School Trustees' Association, and The Alberta Teachers' Association.

4.2   Placement on the salary schedule shall be according to the number of years of teacher education on the first day of each school semester or on commencement of employment.

4.3   Each teacher claiming additional teacher education and each teacher commencing employment with the Employer, shall supply satisfactory evidence of teacher education to the Employer within ninety (90) calendar days from commencement of the school semester or from the date of employment.  If satisfactory evidence is not submitted within ninety (90) calendar days salary shall be adjusted effective the beginning of the month following submission of satisfactory evidence.  This article shall not apply if the teacher submits satisfactory evidence that failure to comply was not the fault of the teacher.

4.4   No payment for salary adjustments will be considered beyond the terms of the collective agreement within which the claim is initiated.

4.5   An additional amount of $2,701.54 effective September 1, 2012 will be paid to teachers who possess a doctorate degree or multiple master graduate degrees. This additional amount is to be adjusted on the same dates and by the same percentage increases as are applied to the salary schedule.

Effective September 1, 2014      $2,706.94

Effective September 1, 2015      $2,761.08

ARTICLE 5   RECOGNITION OF TEACHING EXPERIENCE

5.1   Allowance for past experience shall be one step on the schedule for each year of experience to the maximum as provided in the salary grid. No teacher shall gain more than one year experience increment in one school year.

5.2   For purposes of this section before an allowance is paid for experience prior to engagement, the teacher shall be required to submit a certified statement from previous employers to the effect that such experience was in a school under the jurisdiction of a provincial, state, or national department of education.  Until such evidence is submitted, or if it is not submitted within ninety (90) calendar days after commencement of employment, the Employer may evaluate the teaching experience.

5.3   A year of teaching experience shall be any one (1) school year during which a teacher, under contract, has taught for not less than one (1) full semester, or its equivalent, as defined by the official school year calendar.  A teacher employed under contract, who teaches less than one (1) full semester in a school year, may accumulate an experience increment by combining any two (2) consecutive years of service with the Employer provided that a minimum of sixty (60) days service per year be rendered.

5.4   Notwithstanding Section 5.3 above, a part-time teacher who teaches the equivalent of half time or more for two (2) consecutive semesters shall be entitled to a full experience increment immediately upon completion of the second semester.

5.5   Substitute teaching shall not, in any event, be used in calculating whether an additional year of teaching experience with the Employer has been earned.

ARTICLE 6   ADDITIONAL ALLOWANCES

6.1   Principals

The principal’s allowance is to be adjusted on the same dates and by the same percentage increases as are applied to the salary schedule. A teacher designated by the Employer to be principal of a school will receive an annual allowance to be calculated using the following formula:

6.1.1   A basic allowance of:

Effective September 1, 2012      $18,416.91

Effective September 1, 2014      $18,453.74

Effective September 1, 2015      $18,822.82

6.1.2   In addition to the base allowance in 6.1.1, each principal shall receive a student allowance according to the following formula:

151 to 300 students   - 0.0355% of current fourth year maximum per student plus:

301 to 450 students   - 0.025% of current fourth year maximum per student plus:

451 students and greater   - 0.014% of current fourth year maximum per student.

For the purpose of ECS students, each child shall be counted as 0.5 FTE.

Student allowance will be based on enrolment as of September 30 of each school year.

6.2   Associate Principal

Designated Associate Principal, appointed by Employer - 60% of the principal's allowance.

In a school with two Associate Principals, each shall receive 60% of the principal's allowance.

6.3   Consultant

Designated Consultant, appointed by the Employer, shall be paid an additional allowance equal to thirteen (13%) percent of the salary schedule at maximum in the fourth (4th) year of education, based on full time employment.

6.4   Coordinator

Designated Coordinator, appointed by the Employer, shall be paid an additional allowance equal to fifteen (15%) percent of the salary schedule at maximum in the fourth (4th) year of education, based on full time employment.

6.5   Supervisor

Designated Supervisor, appointed by the Employer, shall be paid an additional allowance based on full time employment.

Effective September 1, 2012      $18,376.39

Effective September 1, 2014      $18,413.14

Effective September 1, 2015      $18,781.41

6.6   The parties agree to refer the issue of coverage in schools when administrators are away from the school building to the Teacher Board Advisory Committee (TBAC).

6.7   Vacation Service

A teacher, who is not in receipt of an administrative or supervisory allowance, and who agrees to render service during the summer vacation period, at the written request of the superintendent, shall be paid 1/200 of his/her total annual salary for each day of work.

6.8   Teacher Travel

A teacher authorized or assigned by the Employer, on a continuous basis, to travel by automobile between two schools in order to perform the regular duties related to their teaching assignment shall be reimbursed at the kilometre rate established for Trustees by the Employer.

6.9   Employee Expenses

6.9.1   Employees must submit expense claims no later than 60 days following the completion of incurring the expense.

6.9.2   Requests for reimbursements for expenses incurred up to and including August 31 of each year must be submitted by September 10 to business services.

ARTICLE 7   SUBSTITUTE PAY

7.1   Substitute Teacher means a teacher employed on a day-to-day basis.

7.2   The substitute teacher rate of pay is to be adjusted on the same dates and by the same percentage increases as are applied to the salary schedule. The rate of pay for a substitute teacher, including four percent (4%) vacation pay shall be:

Effective September 1, 2012   $196.46 per day

Effective September 1, 2014   $196.85 + an additional 0.8% ($198.43) per day

Effective September 1, 2015   $202.40 per day

7.3   In the case of a substitute teacher being employed more than five (5) consecutive days in the same classroom, the rate of pay shall be in accordance with training and experience as set forth in clause 3.4 retroactive to the first consecutive day of employment.

ARTICLE 8   DEVELOPMENT OF LEADERSHIP IN CATHOLIC SCHOOLS

8.1   A teacher who has taught in the school system for a minimum of five (5) years may be granted a leave for professional development in education that will enhance our Catholic Schools.

8.2   Application for leave shall be presented to the Superintendent of Schools as follows:

(a) For leave to commence first day of fall semester - not later than January 15.

(b) For leave to commence January 1st - not later than May 1st.

The application for leave must be considered by the Employer and the applicant must be notified of the Employer's decision within thirty (30) days after the date for receipt of applications.

8.3   A teacher returning from professional leave is entitled to a teaching position with the Employer. The Employer, in its sole discretion, shall when possible, return the teacher to the position held prior to the leave.

8.4   A teacher having been granted leave shall spend his\her time in the improvement of his\her professional standing by studying at a recognized learning institution.  Application for leave shall be accompanied by a clear statement of the teacher's purpose.

8.5   8.5.1   In lieu of regular salary, a teacher while on Professional Development Leave, shall be granted allowance at the rate of 65% of the current annual salary payable under Articles 3 and 6 for the applicants position, payable at the rate of 1/12 of the Leave Allowance so determined, for each month of Leave, with payments to commence on the last day of the first calendar month of the leave.

Where Professional Development Leave is granted for periods of less than a full year, Leave Allowance shall be at the rate of 65% of a current annual salary payable under Articles 3 and 6 for the applicant’s position, computed for the number of teaching days of Leave in ratio to 200, payable at the rate of 1/12 of the Leave Allowance so determined, for each month of leave, with payments to commence on the last day of the first calendar month of the leave.

8.5.2   The teacher on Professional Development Leave will receive payment under Articles 3 and 6 and 8.5.1 for the position of the teacher for the year in which application was made.

8.6   A teacher who is granted leave shall agree in writing to serve the Employer for a period of not less than one year for each semester taken.  Should a teacher resign or retire from service of the Employer before completing two years’ service following such leave, repayment of leave salary shall be made to the Employer on a pro rata basis.

ARTICLE 9   PROFESSIONAL DEVELOPMENT FUND

In addition to the type of professional development leave which may be granted under Article (8), the Employer shall provide an allocation of funds to each school or site to finance the costs of short-term professional development activities and related costs such as registration fees, travel, living expenses and cost of substitute teachers. The annual amount per FTE teacher shall be a minimum of $400.00.

These funds shall be available through each school.

Each teacher’s unexpended allocation shall accumulate to a maximum of $3,500.00.

Should a teacher transfer to another school, that teacher’s accumulated unused funds will be transferred to the new site.

Effective September 1, 2014, the above clause is replaced with the following clauses 9.1 to 9.6:

9.1   In addition to the type of professional development leave which may be granted under Article (8), the Employer shall provide an allocation of funds to Holy Spirit ATA Catholic Local #5 to support short-term professional development.

9.2   The allocation of the fund transferred to Holy Spirit Catholic ATA Local #5 will be based on the number of full time equivalent (FTE) teachers on probationary, temporary, interim or continuing contracts of employment as of September 30^th of each year.  In addition, the Employer will adjust the total teacher count on February 1^st of each school year in the event the number of FTE increases between September 30^th and February 1^st.

9.3   The annual amount per FTE teacher described above will be the following:

Effective September 01, 2014      $475.00

Effective September 01, 2015      $500.00

9.4   The Employer will transfer this allocation to Holy Spirit Catholic ATA Local #5 based on the September 30^th teacher count no later than October 30^th of each year.  The Employer will also provide to Holy Spirit Catholic ATA Local #5 a list of the teacher names and their FTE no later than October 30^th of each year.

9.5   The Employer will make any adjustments based on the February 1^st teacher count and transfer this allocation to Holy Spirit Catholic ATA Local #5 no later than March 1^st of each year. The Employer will also provide to Holy Spirit Catholic ATA Local #5 a list of the teacher names and their FTE no later than March 1^st of each year.

9.6    The fund will be administered by Holy Spirit Catholic ATA Local #5 and will governed in accordance with the Holy Spirit Catholic ATA Local #5’s Professional Development Policy.

ARTICLE 10   LEAVE OF ABSENCE

A teacher may apply for and receive leave of absence for personal reasons subject to the following conditions:

10.1   With Full Pay

10.1.1   A maximum of five (5) days for the critical illness of a teacher's father, mother, husband, wife, son or daughter, brother or sister, or parents of spouse. A medical statement certifying critical nature of illness will be required if death does not occur.

Effective September 1, 2014, the above is replaced with:

A maximum of five (5) days for critical illness or illness requiring hospitalization of a teacher’s father, mother, husband, wife, son or daughter, grandparent, grandchild or parents of spouse.

10.1.2   A maximum of five (5) days for the funeral of a teacher's father, mother, husband, wife, son or daughter, brother or sister, or parents of spouse.

10.1.3   For the critical illness leading to death of a teacher’s father, mother, husband, wife, son or daughter, brother or sister, or parent of spouse the limits of article 10.1.2 will be added to the days already taken under article 10.1.1.

10.1.4   In the event of multiple deaths or multiple critical illness occurring, only the maximum for the above will take place.  Each individual death or critical illness other than the same time period will result in separate implementation of each of the Articles 10.1.1, 10.1.2, 10.1.3.

Effective September 1, 2014, the above clauses 10.1.3 and 10.1.4 are struck in their entirety and replaced with the following clause 10.1.3:

10.1.3   In the event of multiple deaths or multiple critical illness occurring at the same time, only the maximum for the above will take place.  Each individual death or critical illness other than the same time period will result in separate implementation of each of the articles 10.1.1 and 10.1.2.

10.1.4   For the funeral of grandparents, grandchild and in-laws two (2) days leave.  If circumstances warrant additional leave, the two (2) days may be extended to a maximum of five (5) days.

10.1.5   For the funeral of uncle, aunt, cousin, nephew, niece, - one (1) day leave.

10.1.6   For acting in any capacity at a funeral – one (1) day.

10.1.7   For the purpose of writing university examinations – one (1) day.

10.1.8   While participating in own University Convocation Exercises – one (1) day.

10.1.9   While obtaining citizenship papers at a scheduled session of the court –  one-half (1/2) day.

10.1.10   While serving as a witness as a result of a notice to attend or subpoena, provided that any fee received for acting as a witness be paid over to the Employer.

10.1.11   Notwithstanding 10.1.11, this clause shall not apply to a teacher charged with any offence or to a teacher bringing action against the Employer.

10.1.12   For not more than one (1) day to allow a father to be present at the birth of his child.

Effective September 1, 2014, clause 10.1.12 is replaced with:

For not more than two (2) days to allow a father to be present at the birth of his child.

10.1.13   For not more than one (1) day for adoption procedures.

Effective September 1, 2014, clause 10.1.13 is replaced with:

For not more than two (2) days for adoption procedures.

10.1.14   For school closure by the Employer for reasons of inclement weather, health and safety reasons or physical plant breakdown.

10.1.15   For impassable roads.

10.1.16   For not more than one (1) day in any school year for some emergency or misfortune demanding the teacher’s attention.

10.1.17   The Superintendent may, at his discretion, grant leave of absence at full salary.

Effective September 1, 2014,

10.1.18   personal leave for up to one (1) day per school year shall be granted for attending to private concerns. Where possible, at least three (3) days’ notice shall be given to the principal or in the case of a principal to the superintendent or designate.

10.2   With Loss of Substitute Pay (Whether Substitute Required or Not)

Temporary Leave of absence with pay shall be granted to teachers, providing the Employer is reimbursed for the daily rate of a substitute teacher as per clause 7.2 through payroll deduction or payment from other source:

10.2.1   For attendance of meetings of committees of the Department of Education.

10.2.2   For attendance of meetings or any function at the request of the provincial or local Alberta Teachers Association.

10.2.3   For attendance at educational conventions in an official capacity; or for the attendance at Civic Government meetings or conventions in an official capacity.

10.2.4   For any other professional reasons that have been approved by the Superintendent of Schools.

10.2.5   For not more than two (2) days in any one school year for some emergency or misfortune demanding the teacher’s attention.

10.2.6   Personal leave for not more than three (3) days in any school year shall be granted for attending to private concerns providing the Employer is reimbursed for the pay under clause 7.2 of a substitute teacher through payroll deduction or other source. Where possible, at least three (3) days notice shall be given to the principal or in the case of a principal to the Superintendent or designate.

10.2.7   For the funeral of a friend of the family - one (1) day.

10.3   Maternity and Parental Leaves

10.3.1   Entitlement to Maternity Leave

(a) A teacher who is employed by the Employer is entitled to maternity leave without pay as outlined below.  During the maternity leave, the teacher, is entitled to continue benefit plan coverage on the same cost-sharing basis as other eligible teachers.

(b) A teacher referred to above is entitled to a maternity leave of:

(i) a period not exceeding fifteen (15) weeks commencing at any time during the period of twelve (12) weeks immediately preceding the estimated date of delivery, and not later than the date of delivery; and

(ii) if the actual date of delivery is after the estimated date of delivery, an additional period of time consisting of the time between the estimated date of delivery and the actual date of delivery.

(c) Subject to Article 10.3.1.3 the maternity leave shall include a period of at least six (6) weeks immediately following the actual date of delivery.

10.3.1.2   Notice of Maternity Leave

A teacher shall provide the Employer at least six (6) weeks notice in writing of the day in which she intends to commence maternity leave and, if requested by the Employer, shall provide a medical certificate certifying that she is pregnant and giving the estimated date of delivery.

10.3.1.3   Shortening Maternity Leave

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

10.3.1.4   No Notice of Maternity Leave

A teacher who fails to comply with Article 10.3.1.2 and who is otherwise entitled to maternity leave, is entitled to maternity leave for the period specified in Article 10.3.1.1 if within two (2) weeks after she ceases to work she provides the Employer with a medical certificate which:

(a) indicates that she is not able to work by reason of a medical condition arising from her pregnancy; and

(b) gives the estimated date of delivery or the actual date of delivery.

10.3.1.5   Selection of Benefits

When the teacher or the teacher’s physician determines that the pregnancy of the teacher interferes with the performance of her duties, the teacher shall be eligible for one of the following options:

(a) If the date of the absence is prior to ten (10) weeks before the estimated date of delivery and continues without return to work, the teacher shall be placed on sick leave until such point as the teacher is eligible to apply for Extended Disability Benefits.

(b) If the date of absence begins within the ten (10) week period before the estimated date of delivery, or on the date of delivery, the teacher shall choose either b) i) or ii) below.  Such choice shall apply until the teacher returns to work following delivery or until the teacher returns to work from maternity leave.

(i) sick leave under Article 11 from the date of absence until the date of delivery, followed by maternity leave commencing the date following the date of delivery with access to remaining sick leave under Article 11, or

(ii) maternity leave commencing the date of absence with access to the Member Employer’s Supplemental Unemployment Benefit Plan (SUBP) under clause 10.3.1.6 for a fixed term of 90 consecutive days.

10.3.1.6   Supplemental Unemployment Benefit Plan (SUBP)

(a) The Employer shall implement a SUBP, which shall provide a teacher on maternity leave with 100% of her normal weekly earnings during the health-related portion of the maternity leave.

(b) The SUBP will be paid for the duration of the absence from duties for a health-related reason related to pregnancy during maternity leave while the teacher is in receipt of Employment Insurance (EI) benefits and during the EI waiting period up to a maximum number of days equal to the teacher’s sick leave entitlement.  After ninety (90) consecutive calendar days of absence, the teacher may apply for Extended Disability Benefits.

(c) For the duration of the SUBP the Board shall continue to pay the employer’s portion of the teacher’s benefit plan premiums specified in Article 16.