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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 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 School Jurisdiction ensures quality education for the children, the trust given the School Jurisdiction 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:
1. APPLICATION/SCOPE
1.1 This collective agreement shall be applicable to every person who requires a teacher certificate as a condition of employment with the School Jurisdiction excepting those positions agreed to be excluded in local bargaining between the School Jurisdiction and the Association.
1.2 Excluded Positions
1.2.1 Superintendent of Schools
1.2.2 Deputy Superintendent of Schools
1.2.3 Associate Superintendent of Schools
1.2.4 Assistant Superintendent of Schools
1.2.5 Director and those above the level of Director
1.3 The Association is the bargaining agent for each bargaining unit and:
1.3.1 has exclusive authority to bargain collectively with TEBA on behalf of all the teachers in the bargaining units and to bind the teachers in any collective agreement with respect to central terms; and
1.3.2 has exclusive authority to bargain collectively with each School Jurisdiction on behalf of the teachers in each bargaining unit with respect to local terms, and to bind the teachers by a collective agreement.
1.4 School Jurisdiction retains all management rights, unless otherwise provided by the expressed terms of this collective 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.
1.8 Structural Provisions
1.8.1 Communication Between the Parties: The parties hereto recognize that there are in existence at the present time committees for the purpose of communicating the views of teachers on matters of school affairs to the School Jurisdiction. It is the intention of the parties hereto that the current practices in this regard shall continue during the currency of this agreement.
2. TERM
2.1 The term of this collective agreement is September 1, 2016 to August 31, 2018. Unless stated otherwise, this collective agreement shall continue in full force and effect through August 31, 2018.
2.2 List Bargaining
2.2.1 Negotiations regarding the list of central and local matters must commence not less than 6 months and not more than 8 months before the expiry of the then existing collective agreement and shall be initiated by a written notice from the Association or TEBA to the other.
2.2.2 If agreement is not reached, the matter shall be determined by arbitration under PECBA.
2.3 Central Matters Bargaining
2.3.1 Either TEBA or the Association may, by written notice to the other, require the other to begin negotiations. Notwithstanding section 59(2) of the Labour Relations Code, a notice to commence central bargaining by TEBA or the Association must be served not less than 15 days and not more than 30 days after the central matters and local matters have been determined.
2.3.2 A notice referred to in subsection 2.3.1 is deemed to be a notice to commence collective bargaining referred to in section 59(1) of the Labour Relations Code.
2.4 Local Bargaining
2.4.1 Notwithstanding section 59(2) of the Labour Relations Code, a notice to commence local bargaining by a School Jurisdiction or the Association must be served after, but not more than 60 days after, the collective agreement referred to in section 11(4) of PECBA has been ratified or the central terms have otherwise been settled.
2.4.2 A notice referred to in subsection 2.4.1 is deemed to be a notice to commence collective bargaining referred to in section 59(1) of the Labour Relations Code.
2.5 Bridging
2.5.1 Notwithstanding section 130 of the Labour Relations Code, when a notice to commence central bargaining has been served, a collective agreement in effect between the parties at the time of service of the notice is deemed to continue to apply to the parties, notwithstanding any termination date in the collective agreement, until
2.5.1.1 a new collective agreement is concluded, or
2.5.1.2 a strike or lockout commences under Division 13 of Part 2 of the Labour Relations Code during local bargaining.
2.5.2 If a strike or lockout commences during central bargaining, the deemed continuation of the collective agreement is suspended until an agreement with respect to central terms is ratified under section 11(4) of PECBA or the central terms have otherwise been settled.
2.6 Meet and Exchange
2.6.1 For central table bargaining, representatives of the Association and TEBA shall meet and commence collective bargaining not more than 30 days after notice is given. At the first meeting, the Association and TEBA shall exchange details of all amendments sought.
2.6.2 For local table bargaining, representatives of the Association and a School Jurisdiction shall meet and commence collective bargaining not more than 30 days after notice is given. At the first meeting, the Association and School Jurisdiction shall exchange details of all amendments sought.
2.7 Opening with Mutual Agreement
2.7.1 The Association and TEBA may at any time by mutual agreement negotiate revisions to the central matters contained in this collective agreement. Any such revisions shall become effective from such date as shall be mutually agreed upon by the Association and TEBA.
2.7.2 The Association and the School Jurisdiction may at any time by mutual agreement negotiate revisions to the local matters contained in this collective agreement. Any such revisions shall become effective from the date mutually agreed upon by the parties.
2.8 Provision of Information
2.8.1 As the Association is the bargaining agent for the teachers employed by each School Jurisdiction, each School Jurisdiction shall provide to the Association at least once each year no later than October 31, a list of its teachers who are members of the Association including the name, certificate number, home address, home phone number and the name of their school or other location where employed.
2.8.2 Each School Jurisdiction shall provide the following information to the Association and to TEBA annually:
2.8.2.1 Teacher distribution by salary grid category and step as of September 30;
2.8.2.2 Health Spending Account (HSA)/Wellness Spending Account (WSA)/Registered Retirement Savings Plan (RRSP) utilization rates;
2.8.2.3 Most recent School Jurisdiction financial statement;
2.8.2.4 Total benefit premium cost;
2.8.2.5 Total substitute teacher cost; and
2.8.2.6 Total allowances cost.
3. SALARY
3.1 Salary Pay Date/Schedule
3.1.1 Teachers under contract, except substitute teachers, shall normally be paid by the 25th day of each month.
3.2 Grid
3.2.1 The School Jurisdiction shall pay all of the teachers in its employ the salaries and allowances as herein set forth and computed.
3.2.2 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 School Jurisdiction. 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.
Effective September 1, 2016
Years of
Teaching
Experience
|
Years of Education |
|
Four |
Five |
Six |
0 |
59,487 |
62,828 |
66,710 |
1 |
62,924 |
66,273 |
70,159 |
2 |
66,370 |
69,714 |
73,593 |
3 |
69,812 |
73,159 |
77,041 |
4 |
73,256 |
76,602 |
80,482 |
5 |
76,701 |
80,042 |
83,925 |
6 |
80,140 |
83,489 |
87,371 |
7 |
83,588 |
86,931 |
90,809 |
8 |
87,031 |
90,374 |
94,257 |
9 |
90,471 |
93,815 |
97,699 |
10 |
93,916 |
97,261 |
101,141 |
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 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 Association.
3.3.2 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.
3.3.3 Each teacher claiming additional teacher education and each teacher commencing employment with the School Jurisdiction, shall supply satisfactory evidence of teacher education to the School Jurisdiction 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.
3.3.4 No payment for salary adjustments will be considered beyond the terms of the collective agreement within which the claim is initiated.
3.4 Experience
3.4.1 Teachers shall gain experience while holding a valid Alberta teaching certificate or its equivalent, and working while:
3.4.1.1 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
3.4.1.2 employed as a substitute teacher within the preceding five (5) years.
3.4.2 A teacher shall be granted only one (1) experience increment during any one (1) school year.
3.4.3 Previously unrecognized experience gained in one school year with a School Jurisdiction may be carried over for calculation of experience increments in the following school year with that same School Jurisdiction.
3.4.4 Provisions 3.4.1 through 3.4.3 take effect on September 1, 2017 and shall not be applied retroactively other than to permit unrecognized experience gained in the 2016-17 school year with a School Jurisdiction being carried over for calculation of experience increments in the 2017-18 school year with that same School Jurisdiction.
3.4.5 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.
3.4.6 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 School Jurisdiction may evaluate the teaching experience.
3.4.7 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 School Jurisdiction provided that a minimum of sixty (60) days service per year be rendered.
3.4.8 Notwithstanding Section 3.4.7 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.
3.5 Other Allowances
3.5.1 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.
3.5.2 An additional amount of $2,761.08 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.
4. ADMINISTRATOR ALLOWANCES AND CONDITIONS OF PRACTICE
4.1 Creation of New Designations/Positions
4.1.1 When the School Jurisdiction creates any new classification not specified in this agreement to which a teacher will be designated, the allowance, if any, for the new classification shall be negotiated.
4.2 Administration Allowances
4.2.1 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 School Jurisdiction to be principal of a school will receive an annual allowance to be calculated using the following formula:
4.2.1.1 A basic allowance of $18,822.82
4.2.1.2 In addition to the base allowance in 4.2.1.1, 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. |
4.2.1.3 For the purpose of ECS students, each child shall be counted as 0.5 FTE.
4.2.1.4 Student allowance will be based on enrolment as of September 30 of each school year.
4.2.2 Associate Principal
4.2.2.1 Designated Associate Principal, appointed by School Jurisdiction - 60% of the principal's allowance.
4.2.2.2 In a school with two Associate Principals, each shall receive 60% of the principal's allowance.
4.2.3 Consultant: Designated Consultant, appointed by the School Jurisdiction, 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.
4.2.4 Coordinator: Designated Coordinator, appointed by the School Jurisdiction, 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.
4.2.5 Supervisor: Designated Supervisor, appointed by the School Jurisdiction, shall be paid an additional allowance based on full time employment: $18,781.41.
4.3 Red Circling
4.3.1 Administrators transferred from one school to another at the request of the School Jurisdiction, the School Jurisdiction will red circle their administrative allowance for a period of three years unless the allowance at the new school is higher than the old administrative allowance.
4.4 Acting/Surrogate Administrators – Compensation
4.4.1 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).
4.5 Teachers with Principal Designations
4.5.1 Effective September 1, 2017, a teacher designated as a principal shall enter into a series of term contracts for a period of up to five (5) years. Up to two (2) of these five years may be on a probationary basis. Following the term contract maximum of five (5) years, inclusive of the maximum two (2) years probationary period, the School Jurisdiction must decide whether or not the designation will continue, and if it continues, it is deemed to be a continuing designation.
4.5.2 Any current principal who has had a term contract(s) for a term(s) of a total of less than five years on September 1, 2017 may continue under the term contract until the total number of years designated as a principal is five years. When the total length of the principal’s designation will be five years as of August 31, 2018, the School Jurisdiction must decide by April 30, 2018 whether or not the designation will continue in the 2018-19 school year, and if it continues, it is deemed to be a continuing designation.
4.5.3 For any current principal who is on a term contract(s) for a period of five years or more as of September 1, 2017, the School Jurisdiction must decide by January 31, 2018 whether or not the designation will continue, and if it continues, it is deemed to be a continuing designation. If the designation is not continued, it will expire at the conclusion of the term provided in the term contract, unless it is otherwise terminated in accordance with the express provisions of the term contract.
4.6 Other Administrator Conditions
4.6.1 School-based principals will be granted two (2) paid leave days per school year, at a time mutually agreeable to the principal and the Superintendent or designate. Failing agreement about where the dates are mutually agreeable to the principal and the Superintendent, the School Jurisdiction shall pay out the unused paid leave days at 1/200th of the principal’s annual salary and allowance by the end of June each year.
4.6.2 One lieu day with pay and benefits will be provided to associate principals in each school year. The lieu day will be accessed by associate principals with the mutual agreement of the Superintendent. Substitutes, when needed, will be paid for by the School Jurisdiction.
5. SUBSTITUTE TEACHERS
5.1 Rates of Pay
5.1.1 Substitute Teacher means a teacher employed on a day-to-day basis.
5.1.2 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: $202.40 per day.
5.2 Commencement of Grid Rate
5.2.1 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 3.2 retroactive to the first consecutive day of employment.
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.
6. PART TIME TEACHERS
6.1 FTE Definition: Effective September 1, 2017, part-time teacher FTE will be determined by the ratio of the teacher’s actual annual instructional time to the teacher instructional time of a full-time assignment in the teacher’s school. This FTE will be used to calculate the prorated portion of a teacher’s assignable time.
6.2 Other Part-time Teacher Conditions
6.2.1 Subject to operational requirements, teachers wishing to access a part time assignment within a full time continuing contract will be provided with this option upon submission of a written request to the School Jurisdiction. This arrangement will be in place for a maximum time of one full school year unless otherwise agreed to by the teacher and the School Jurisdiction.
7. GROUP BENEFITS
7.1 Group Health Benefit Plans, Carrier and Premiums
7.1.1 All teachers shall be covered under the provision of the A.S.E.B.P. Life Insurance Plan II and Extended Disability Benefit Plan D with the School Jurisdiction paying 100% of the premium.
7.1.2 The School Jurisdiction's contribution to the Alberta Health Care Insurance covering teachers employed by the School Jurisdiction shall be at the rate of 100% of the premium.
7.1.3 The School Jurisdiction's contribution to the A.S.E.B.P. - Extended Health Care Plan I covering teachers employed by the School Jurisdiction shall be at the rate of 100% of the premium.
7.1.4 The School Jurisdiction's contribution to the A.S.E.B.P. - Dental Care Plan 3 covering teachers employed by the School Jurisdiction shall be at the rate of 100% of the premium.
7.1.5 The School Jurisdiction’s contribution to the A.S.E.B.P. - Vision Care Plan 3 covering teachers employed by the School Jurisdiction, shall be at the rate of 100% of the premium.
7.1.6 The School Jurisdiction upon the death of a teacher shall immediately pay an additional one twelfth (1/12) of the annual salary less tax deductions to the beneficiary as designated for this article.
7.2 Group Benefits Eligibility
7.2.1 By June 15th of any given school year, interim, temporary, or probationary teachers who receive a new contract of employment for the upcoming school year will be provided with benefits coverage through ASEBP over the summer break.
7.3 Health Spending Account
7.3.1 The School Jurisdiction will contribute $50.00 per month to a Health Spending Account for each eligible teacher. The unused balance will be carried forward for a total accumulation of two years. The teachers leaving the employ of the School Jurisdiction will forfeit any remaining balance. In this article “eligible teacher” means any teacher on a continuing, probationary, interim or temporary contract.
7.4 Other Group Benefits
7.4.1 In consideration of the improvements to the employee benefit plan and sick leave benefits, the employees covered by this collective agreement waive any claims on rebates under the provisions of the Employment Insurance Act.
7.4.1 Benefits for Retired Teachers: Notwithstanding clauses 7.1.2 to 7.1.5, a retired teacher in receipt of a pension and is employed on a contract by the School Jurisdiction who may not be eligible to access the regular group benefits with the Alberta School Employee Benefit Plan. The School Jurisdiction agrees to reimburse the retired teacher for the premium contributions of the Alberta School Employee Benefit Plan Early Retiree Benefits.
8. CONDITIONS OF PRACTICE
8.1 Teacher Instructional and Assignable Time
8.1.1 Effective September 1, 2017, teacher instructional time will be capped at 907 hours per school year commencing the 2017-18 school year.
8.1.2 Effective September 1, 2017, teacher assignable time will be capped at 1200 hours per school year commencing the 2017-18 school year.
8.2 Assignable Time Definition
8.2.1 Assigned Time is defined as the amount of time that School Jurisdictions assign teachers and within which they require teachers to fulfill various professional duties and responsibilities including but not limited to:
8.2.1.1 operational days (including teachers’ convention)
8.2.1.2 instruction
8.2.1.3 supervision, including before and after classes, transition time between classes, recesses and lunch breaks
8.2.1.4 parent teacher interviews and meetings
8.2.1.5 School Jurisdiction and school directed professional development, time assigned to teacher professional development, and travel as defined in Clause 8.2.3
8.2.1.6 staff meetings
8.2.1.7 time assigned before and at the end of the school day
8.2.1.8 other activities that are specified by the School Jurisdiction to occur at a particular time and place within a reasonable work day.
8.2.2 Teachers have professional obligations under the School Act and regulations made pursuant to the School Act, as well as the Teaching Quality Standard, which may extend beyond what is assigned by School Jurisdictions. Teachers have discretion, to be exercised reasonably, as to when they carry out their professional responsibilities that extend beyond their assigned time.
8.2.3 Time spent traveling to and from professional development opportunities identified in 8.2.1 (e) will not be considered in the calculation of a teacher’s assignable time if:
8.2.3.1 the teacher is being provided any other pay, allowances or a per diem for that travel time (excluding any compensation provided for mileage).
8.2.3.2 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.
8.2.3.3 the time is spent traveling to and from the teacher’s annual convention.
9. PROFESSIONAL DEVELOPMENT
9.1 Teacher Professional Growth Plan
9.1.1 Teacher Professional Growth Plans will consider but will not be required to include the School Jurisdiction’s goals.
9.1.2 The teacher professional growth process, including discussions between the teacher and principal on the professional growth plans, will continue to take place.
9.1.3 School Jurisdictions and/or schools are not restricted in developing their own staff development plan in which the School Jurisdiction and/or school may require teachers to participate.
9.2 Professional Development Fund
9.2.1 In addition to the type of professional development leave which may be granted under Article 9.3, the School Jurisdiction shall provide an allocation of funds to Holy Spirit Association Catholic Local #5 to support short-term professional development.
9.2.2 The allocation of the fund transferred to Holy Spirit Catholic Association 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 30th of each year. In addition, the School Jurisdiction will adjust the total teacher count on February 1st of each school year in the event the number of FTE increases between September 30th and February 1st.
9.2.3 The annual amount per FTE teacher described above will be the following: $500.00
9.2.4 The School Jurisdiction will transfer this allocation to Holy Spirit Catholic Association Local #5 based on the September 30th teacher count no later than October 30th of each year. The School Jurisdiction will also provide to Holy Spirit Catholic Association Local #5 a list of the teacher names and their FTE no later than October 30th of each year.
9.2.5 The School Jurisdiction will make any adjustments based on the February 1st teacher count and transfer this allocation to Holy Spirit Catholic Association Local #5 no later than March 1st of each year. The School Jurisdiction will also provide to Holy Spirit Catholic Association Local #5 a list of the teacher names and their FTE no later than March 1st of each year.
9.2.6 The fund will be administered by Holy Spirit Catholic Association Local #5 and will governed in accordance with the Holy Spirit Catholic Association Local #5’s Professional Development Policy.
9.2.7 The local agrees to provide externally prepared audited financial statements, compliant with the applicable Canadian accounting standards, of the Professional Development funds by November 30th each year.
9.3 Professional Improvement Leave (Development of Leadership in Catholic Schools)
9.3.1 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.
9.3.2 Application for leave shall be presented to the Superintendent of Schools as follows:
9.3.2.1 For leave to commence first day of fall semester - not later than January 15.
9.3.2.2 For leave to commence January 1st - not later than May 1st.
The application for leave must be considered by the School Jurisdiction and the applicant must be notified of the School Jurisdiction's decision within thirty (30) days after the date for receipt of applications.
9.3.3 A teacher returning from professional leave is entitled to a teaching position with the School Jurisdiction. The School Jurisdiction, in its sole discretion, shall when possible, return the teacher to the position held prior to the leave.
9.3.4 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.
9.3.5 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 4 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.
9.3.5.1 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 4 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.
9.3.5.2 The teacher on Professional Development Leave will receive payment under Articles 3 and 4 and 9.3.5 for the position of the teacher for the year in which application was made.
9.3.6 A teacher who is granted leave shall agree in writing to serve the School Jurisdiction for a period of not less than one year for each semester taken. Should a teacher resign or retire from service of the School Jurisdiction before completing two years’ service following such leave, repayment of leave salary shall be made to the School Jurisdiction on a pro rata basis.
10. SICK LEAVE / Medical Certificates and Reporting
10.1 Annual sick leave with pay will be granted to a teacher for the purpose of obtaining necessary medical or dental treatment or because of accident, sickness and/or disability.
10.1.1 In the first year of service with the School Jurisdiction - ninety (90) calendar days.
10.1.2 After one year of service with the School Jurisdiction - ninety (90) calendar days.
10.2 After ninety (90) calendar days of continuous absence due to medical disability, no further salary shall be paid and the Alberta School Employees Benefit Plan "D" shall take effect.
10.3 A teacher who has been absent due to medical disability shall, upon return to full time duty, be entitled to an additional sick leave benefit in the current year of ninety (90) calendar days.
10.3.1 Notwithstanding Clause 10.3, if, after a period of disability, a teacher returns to work and:
10.3.1.1 within six (6) months must cease working because of the same disabling condition, or
10.3.1.2 within one month must cease working because of a different disabling condition,
any successive periods of disability will be considered a re-occurrence of the previous disability.
10.3.2 The teacher shall make every reasonable effort to complete the application for Extended Disability Benefits in an expeditious manner.
10.3.2.1 Until ASEBP makes a determination regarding the application, the teacher shall be paid under the provisions of Article 10.3.
10.3.2.2 In the event that the teacher’s application is accepted by ASEBP, the teacher shall repay forthwith all monies paid to the teacher by the School Jurisdiction for the period approved for coverage by ASEBP.
10.4 Before any payment is made under the foregoing regulations, the teacher shall provide:
10.4.1 A declaration, on a form to be provided by the School Jurisdiction, where the absence is for a period of three (3) days or less.
10.4.2 A certificate signed by a qualified medical or dental practitioner where the absence is for a period of over three (3) days.
10.4.3 The School Jurisdiction may require a teacher to undergo a medical examination by a physician or dental practitioner named by the School Jurisdiction.
10.5 When a teacher leaves the employ of the School Jurisdiction, all sick leave shall be cancelled.
10.6 Newly appointed teachers may be required to present a medical certificate of good health.
11. MATERNITY, ADOPTION AND PARENTAL LEAVE
11.1 Maternity Leave/Parental Leave/Adoption Leave
Maternity Leave
11.1.1 Leave Entitlement – A teacher who is employed by the School Jurisdiction is entitled to a maximum of 15 weeks of maternity leave, without pay except as outlined below, commencing on the date of their choosing, but no later than the birth of the baby.
11.1.2 Notice of Maternity Leave – Where possible, a teacher shall provide at least six (6) weeks written notice to the superintendent or designate of the date she intends to commence maternity leave and, if requested by the School Jurisdiction, shall provide a medical certificate verifying her pregnancy and estimated date of delivery.
11.1.3 Benefits During Maternity Leave – Teachers will be entitled to benefit plan coverage in accordance with Article 7 of the collective agreement for the duration of maternity leave.
Pay During Sick Leave and/or Maternity Leave
Teachers shall be eligible for one of the following options:
11.1.4 If the date of 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 in accordance with Article 10 until such a point as the teacher is eligible to apply for Extended Disability Benefits.
11.1.5 If the absence begins within the ten (10) week period before the estimated date of delivery, or on the date of delivery, the teacher shall choose one of the following pay structures:
11.1.5.1 sick pay administered in accordance with Article 10 for the period of sickness or disability or
11.1.5.2 a 100 per cent Supplemental Employment Benefit Plan (SEBP) for the duration of the 15 week maternity leave while the teacher is in receipt of Employment Insurance benefits (EI) including the EI waiting period, commencing on the date of absence and in accordance with clause 11.1.6.
100% Supplemental Employment Benefit Plan (SEBP)
11.1.6 The School Jurisdiction shall implement a SEBP, which shall provide a teacher with 100 per cent of her normal weekly earnings as applicable in clause 11.1.5.2. The SEBP shall only be payable for days which the teacher would have worked had she not been absent on maternity leave.
Parental Leave
11.1.7 The School Jurisdiction shall grant parental leave to a teacher in the following circumstances:
11.1.7.1 in the case of a teacher entitled to maternity leave, a period of not more than thirty-seven (37) consecutive weeks immediately following the last day of the teacher’s maternity leave;
11.1.7.2 in the case of a parent who is employed by the School Jurisdiction, a period of not more than thirty-seven (37) consecutive weeks within fifty-two (52) weeks after the child’s birth;
11.1.7.3 in the case of an adoptive parent who is employed by the School Jurisdiction, a period of not more than thirty-seven (37) consecutive weeks within fifty-two (52) weeks after the child is placed with the adoptive parent.
11.1.8 If both parents are School Jurisdiction employees, the parental leave may be accessed entirely by one of the parents or shared between the parents. However, the School Jurisdiction is not required to grant parental leave to more than one employee at a time.
Notice of Parental Leave
11.1.9 A teacher must give the School Jurisdiction at least six (6) weeks of notice of the date the teacher will start parental leave unless:
11.1.9.1 the medical condition of the birth mother or child makes it impossible to comply with this requirement; or
11.1.9.2 the date of the child’s placement with the adoptive parent was not foreseeable.
11.1.10 If the teacher cannot comply with the written notice requirement for any of the reasons stated under subsection 11.1.9, the teacher must give the School Jurisdiction written notice at the earliest possible time of the date that the teacher will start or has started parental leave.
Notice of Resumption of Employment
11.1.11 A teacher who wishes to resume working on the expiration of a maternity leave or parental leave shall give the School Jurisdiction at least four (4) weeks written notice of the date on which the teacher intends to resume work and, in no event not later than four (4) weeks before the end of the leave period to which the teacher is entitled, or four (4) weeks before the date on which the teacher has specified as the end of the teacher’s leave period, whichever is earlier.
11.1.12 A teacher returning from maternity leave or parental leave is entitled to a teaching position with the School Jurisdiction. The School Jurisdiction, in its sole discretion, shall when possible, return the teacher to the position held prior to the leave.
11.2 Benefits – Prepayment or Repayment of Premiums During Unpaid Portion of Leave
11.2.1 Teachers may prepay or repay benefit premiums payable during the duration of a maternity, adoption or parental leave.
11.2.2 Subject to the terms and conditions of the benefits insurance carrier policies, teachers on maternity, adoption or parental leave may make arrangements through the School Jurisdiction to prepay 100 per cent of the benefit premiums for applicable benefits provided for in the existing collective agreement, for a period of up to 12 months.
11.2.3 Notwithstanding Clause 11.2.2, subject to the terms and conditions of the benefits insurance carrier policies, upon request by the teacher, the School Jurisdiction will continue paying the School Jurisdiction portion of the benefit costs for a teacher on maternity, adoption or parental leave, for a period of up to twelve months, provided the teacher repays the teacher portion of the benefit premiums.
11.2.4 A teacher who commits to Clause 11.2.3 is responsible to repay the amount of the School Jurisdiction paid benefit premiums, and shall reimburse the School Jurisdiction upon return from the leave, in a mutually agreeable, reasonable manner over the period of no more than twelve months following the teacher’s return to duty.
11.2.5 If a teacher fails to return to his/her teaching duties, the teacher shall be responsible to forthwith repay the School Jurisdiction paid benefit premiums, and shall reimburse the School Jurisdiction upon receipt of an invoice.
11.2.6 If a teacher has not fully repaid the cost of benefit premiums previously paid by the School Jurisdiction under Clause 11.2.3 the teacher is not eligible to reapply for additional consideration under Clause 11.2.3.
12. PRIVATE BUSINESS/GENERAL/PERSONAL LEAVES OF ABSENCE
12.1 With Full Pay: 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.
12.2 With Loss of Substitute Pay (Whether Substitute Required or Not): Personal leave for not more than three (3) days in any school year shall be granted for attending to private concerns providing the School Jurisdiction is reimbursed for the pay under clause 5.1 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.
13. ASSOCIATION LEAVE AND SECONDMENT
13.1 A teacher shall be granted leave of absence with pay provided the School Jurisdiction is reimbursed by the Association for the actual costs of the substitute, including the School Jurisdiction portion of statutory benefit contributions, to fulfill the duties as an elected or appointed member of the Provincial Executive Council, Discipline and Practice Review Committees, and central and local table negotiating committees.
13.2 Upon written request to the superintendent or designate, the School Jurisdiction may consider additional Association Leave. The written request shall be provided with as much notice as possible and, where possible, not less than five (5) working days in advance of the leave, stating the teacher’s name, and the date(s) and time(s) the teacher will be absent from their professional duties with the School Jurisdiction. The Association will reimburse the School Jurisdiction as per Clause 13.1. Such leaves will not be unreasonably denied.
13.3 Where the Association requests a secondment for a teacher who is elected to Provincial Executive Council, as the President of a local, or other local official already named in the collective agreement the teacher shall be seconded on a scheduled basis up to a maximum of the teacher’s FTE provided that the amount of FTE the teacher is seconded is mutually agreed to by the School Jurisdiction, the teacher, and the Association and is at no cost to the School Jurisdiction.
13.4 During such secondment, the School Jurisdiction shall maintain the teacher’s regular salary, applicable allowances, and any benefit contributions required by the collective agreement and make the statutory contributions on the teacher’s behalf. The Association shall reimburse the School Jurisdiction for all payments made by the School Jurisdiction to the teacher or on his/her behalf while on secondment under this clause.
14. OTHER LEAVES
A teacher may apply for and receive leave of absence for personal reasons subject to the following conditions:
With Full Pay
14.1 Critical Illness, Death and Funeral Leave
14.1.1 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.
14.1.2 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.
14.1.3 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 14.1.1 and 14.1.2.
14.1.4 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.
14.1.5 For the funeral of uncle, aunt, cousin, nephew, niece – one (1) day leave.
14.1.6 For acting in any capacity at a funeral – one (1) day.
14.2 University Examinations and Convocation Leave
14.2.1 For the purpose of writing university examinations – one (1) day.
14.2.2 While participating in own University Convocation Exercises – one (1) day.
14.3 Citizenship Leave
14.3.1 While obtaining citizenship papers at a scheduled session of the court – one-half (1/2) day.
14.4 Court Appearance Leave
14.4.1 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 School Jurisdiction.
14.4.2 Notwithstanding 14.4.1, this clause shall not apply to a teacher charged with any offence or to a teacher bringing action against the School Jurisdiction.
14.5 Leave for Child’s Arrival
14.5.1 A father will be entitled to two (2) days leave within the first two weeks of his child’s birth.
14.5.2 For not more than two (2) days for adoption procedures.
14.6 School Closure, Impassable Roads, Emergency Leave
14.6.1 For school closure by the School Jurisdiction for reasons of inclement weather, health and safety reasons or physical plant breakdown.
14.6.2 For impassable roads.
14.6.3 For not more than one (1) day in any school year for some emergency or misfortune demanding the teacher’s attention.
14.7 Discretionary Leave
14.7.1 The Superintendent may, at his discretion, grant leave of absence at full salary.
14.8 Family Needs Leave
14.8.1 Effective August 31, 2018, leave with pay and benefits for one day per school year shall be granted to teachers to provide care for a family member, make arrangements for medical care of a family member, or attend to other legal or business issues necessary for long-term or emergent support of a family member. Family members include a spouse, parent, spouse’s parent, child or a member of the teacher’s household.
14.9 Assessment Days
14.9.1 Teachers will be provided with one assessment day per school year. The assessment day will be accessed at the choice of the teacher and the School Jurisdiction will provide substitute coverage for that day. The activities during the assessment day will be directed by the teacher. At least three days notice shall be given to the principal or in the case of a principal, to the Superintendent or designate. This day shall not be combined with Article 12 or the principal/associate principal lieu days. This day will not be accessed during non-instructional days.
With Loss of Substitute Pay (Whether Substitute Required or Not)
14.10 Temporary Leave of absence with pay shall be granted to teachers, providing the School Jurisdiction is reimbursed for the daily rate of a substitute teacher as per clause 5.1 through payroll deduction or payment from other source:
14.10.1 For attendance of meetings of committees of the Department of Education.
14.10.2 For attendance at educational conventions in an official capacity; or for the attendance at Civic Government meetings or conventions in an official capacity.
14.10.3 For any other professional reasons that have been approved by the Superintendent of Schools.
14.10.4 For not more than two (2) days in any one school year for some emergency or misfortune demanding the teacher’s attention.
14.10.5 For the funeral of a friend of the family - one (1) day.
14.11 General Leave
14.11.1 Teachers shall be granted leave of absence without pay and allowances and without the School Jurisdiction's share of group insurance premiums for a period to be determined by the teacher and the Superintendent.
14.11.2 During this leave each teacher shall be eligible to maintain benefit insurance coverage provided the teacher pays one hundred percent (100%) of the premiums.
14.11.3 Leave granted under 14.11 shall not be considered teaching experience for the purpose of granting salary increments.
14.12 Deferred Salary Leave Plan
14.12.1 The School Jurisdiction shall implement a Deferred Salary Leave Plan which complies with Revenue Canada Regulations. Participation in the plan shall be at the discretion of the School Jurisdiction.
14.12.2 A teacher’s benefits will be maintained by the School Jurisdiction during the teacher’s leave of absence, provided the teacher requests such in writing three months prior to the date of leave. The teacher shall pay to the School Jurisdiction the full cost of any benefit premiums paid on the teacher’s behalf.
15. CENTRAL GRIEVANCE PROCEDURE
15.1 This procedure applies to differences:
15.1.1 about the interpretation, application, operation or alleged violation of any central item including the question of whether such difference is arbitrable;
15.1.2 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
15.1.3 where the Association asserts that terms are implied or incorporated into the collective agreement including the question of whether such a difference is arbitrable.
15.2 “Central item” means any item which is in italics in this collective agreement.
15.3 A “non-central item” means any item which is not in italics in this collective agreement.
15.4 An “operational” day is an instructional or non-instructional day in the School Jurisdiction calendar on which teachers are scheduled to work.
15.5 If there is a dispute about whether a grievance commenced under this article is properly a grievance on a central item, it shall be processed under this article unless TEBA and the Association mutually agree that the difference, or a portion of the difference, shall be referred to the local grievance procedure in Article 16.
15.6 Either TEBA or the Association may initiate a grievance by serving a written notice of a difference as follows:
15.6.1 In the case of a grievance by the Association, by serving the notice to the Chair of the Board of Directors of TEBA.
15.6.2 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:
15.7.1 A statement of the facts giving rise to the difference,
15.7.2 The central item or items relevant to the difference,
15.7.3 The central item or items and the non-central item or items, where the difference involves both, and
15.7.4 The remedy requested.
15.8 The written notice must be served on the other party to the difference within 30 operational days of when the grieving party first had knowledge of the facts giving rise to the grievance. For the purposes of this article, the months of July and August shall not be included in the computation of the 30 operational days.
15.9 Representatives of TEBA and the Association shall meet within 15 operational days to discuss the difference or at such later date that is mutually agreeable to the parties. By mutual agreement of TEBA and the Association, representatives of the School Jurisdiction affected by the difference may be invited to participate in the discussion about the difference.
15.10 The difference may be resolved through terms mutually agreed upon by TEBA and the Association. Any resolution is binding on TEBA, the Association, the affected School Jurisdiction, and any affected teacher or teachers.
15.11 If the difference is not resolved, the grieving party may advance the difference to arbitration by notice to the other party within 15 operational days of the meeting.
15.12 Arbitration
15.12.1 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.
15.12.2 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:
15.14.1 An affected School Jurisdiction rectify any failure to comply with the collective agreement.
15.14.2 An affected School Jurisdiction pay damages to the Association, affected teacher or teachers, or both.
15.14.3 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:
15.15.1 TEBA and the Association.
15.15.2 Any affected School Jurisdiction.
15.15.3 Teachers covered by the collective agreement who are affected by the award.
15.16 TEBA and the Association shall bear the expense of its respective appointee and the two parties shall bear equally the expense of the Chair.
16. LOCAL GRIEVANCE PROCEDURE
16.1 Any difference between any Employee covered by this agreement and the School Jurisdiction, or in a proper case between the Association and the School Jurisdiction, concerning the interpretation, application, operation or alleged violation of this agreement, and including any dispute as to whether the difference is arbitrable, shall be dealt with as herein provided, without stoppage of work or refusal to perform work.
16.2 A differences (hereinafter called "grievance") between an Employee covered by this Agreement and the School Jurisdiction who shall first be submitted in writing to the Secretary-Treasurer of the School Jurisdiction who shall forward it to the President of the Local Association., who shall forward it to the Coordinator of Teacher Welfare of the Association. Such written submission shall be made within fifteen (15) teaching days from the date of the incident giving rise to the grievance or from the date the griever first had knowledge of the incident, whichever is later. Such grievance shall set out the nature of the grievance, the articles of this agreement which it is alleged have been violated, and the remedy sought.
16.3 In the case of a difference between the Association and the School Jurisdiction, either party may institute a grievance by, in the case of the Association, forwarding written particulars of the grievance to the Secretary-Treasurer with a copy to the Superintendent of Schools of the School Jurisdiction and in the case of the School Jurisdiction, by forwarding particulars of the grievance to the Coordinator of Teacher Welfare of the Association within fifteen (15) days of the date of the incident giving rise to the grievance or the date the grievor reasonably became aware of the incident giving rise to the grievance.
16.4 In the event the grievance is not settled within fifteen (15) teaching days after the date of submission of the grievance in accordance with the above procedure, then on or before a further ten (10) teaching days have elapsed from the expiration of the aforesaid fifteen (15) teaching day time period, either party may, by written notice served on the other party, require the establishment of an Arbitration Board as hereinafter provided.
16.5 Each party shall appoint one (1) member as its representative on the Arbitration Board within seven (7) teaching days of such notice and shall so inform the other party of its appointee. The two (2) members so appointed shall, within five (5) teaching days of the appointment of the second of them, appoint a third person who shall be the chairperson. In the event of any failure to appoint a chairperson either party may request the Director of Mediation Services to make the necessary appointment.
16.6 The Arbitration Board shall determine its own procedure but shall give full opportunity to all parties to present evidence and to be heard.
16.7 The Arbitration Board shall not change, amend, or alter any of the terms of this agreement. All grievances or differences submitted shall present an arbitrable issue under this agreement and shall not depend on or involve an issue or contention by either party that is contrary to any provisions of this agreement or that involves the determination of a subject matter not covered by, or arising during the term of this agreement.
16.8 The findings and decision of a majority 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 chairperson governs and it shall be deemed to be the award of the Arbitration Board.
16.9 The Arbitration Board shall give its decision not later than fourteen (14) teaching days after the appointment of the chairperson provided, however, that this time period may be extended by written consent of the parties. Each party to the grievance shall bear the expense of its respective appointee and the two (2) parties shall bear equally the expense of the chairperson.
16.10 In the event, at any stage, of the aforesaid procedure (except in respect of appointing persons to the Arbitration Board) the grieving party fails to take the necessary action within the time limit specified, the grievance shall be deemed to be at an end.
16.11 Any of the aforesaid time limits may be extended at any stage upon written consent of the parties.
17. EMPLOYMENT
17.1 Travel
17.1.1 A teacher authorized or assigned by the School Jurisdiction, 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 School Jurisdiction.
17.2 Employee Expenses
17.2.1 Employees must submit expense claims no later than 60 days following the completion of incurring the expense.
17.2.2 Requests for reimbursements for expenses incurred up to and including August 31 of each year must be submitted by September 10 to business services.
17.3 Transfer
17.3.1 The School Jurisdiction shall not require a teacher to transfer to a school in a town or city with boundaries that are further than fifty (50) kilometres from the boundaries of the town or city of the teacher’s present school assignment.
New Letter of Understanding #1—Trial Program on Time Off for Compression
1.1 This Letter of Understanding is made pursuant to Article 8 of the collective agreement (Conditions of Practice). The parties agree that where teacher instructional time is compressed and where current collective agreements are silent, teachers will receive time off in relation to the additional time worked as provided for in the chart below. Days will be rounded to the nearest 0.25 for this calculation. It is recognized by both parties that flexibility is required to maintain the calendar for the School Jurisdiction but also provide assurance for teachers that increases in the length of instructional days may result in associated time off for teachers.
|
|
Maximums |
|
|
Instructional |
Non Instructional |
Total Days |
|
190 |
10 |
200 |
|
189 |
11 |
200 |
|
188 |
12 |
200 |
|
187 |
13 |
200 |
|
186 |
14 |
200 |
|
185 |
15 |
200 |
|
184 |
16 |
200 |
Base |
183 |
17 |
200 |
|
182 |
17.5 |
199.5 |
|
181 |
18 |
199 |
|
180 |
18.5 |
198.5 |
|
179 |
19 |
198 |
|
178 |
19.5 |
197.5 |
|
177 |
20 |
197 |
|
176 |
20.5 |
196.5 |
|
175 |
21 |
196 |
|
174 |
21.5 |
195.5 |
|
173 |
22 |
195 |
|
172 |
22.5 |
194.5 |
|
171 |
23 |
194 |
|
170 |
23.5 |
193.5 |
1.2 For the purpose of this collective agreement and notwithstanding the provisions of the School Act, Teachers’ Convention is counted as a non-instructional day.
1.3 The trial program will take place during the 2017-18 school year and expires on August 31, 2018, notwithstanding that the collective agreement is bridged by operation of law.
New Letter of Understanding # 2—Me Too Clause/Increase Modifier
1. For the purposes of this Letter of Understanding only, the following definitions apply:
1.1 “comparator agreement” means the provincial collective agreements listed below for the period commencing April 1, 2017:
• Government of Alberta and the Alberta Union of Provincial Employees respecting the Locals 1, 2, 3, 4, 5, 6 and 12
• Alberta Health Services and United Nurses of Alberta
• Alberta Health Services and the Health Sciences Association of Alberta
• Alberta Health Services and Alberta Union of Provincial Employees – Auxiliary Nursing
• Alberta Health Services and Alberta Union of Provincial Employees – General Support Services
1.2 “first year” means with respect to a comparator agreement the period from April 1, 2017 to March 31, 2018.
1.3 “second year” means with respect to a comparator agreement the period from April 1, 2018 to March 31, 2019.
1.4 “general salary increase” means a salary increase percentage applied to all steps of all grids of a comparator agreement.
1.5 For greater certainty, “general salary increase” does not include market supplements or adjustments, grid adjustments, signing bonuses, reclassifications, changes to benefit premium cost sharing, new benefits or any other form of compensation whatsoever other than a common percentage increase applied to all steps of all grids applicable to each bargaining unit. It includes only such general salary increases negotiated, prior to a strike or lockout, and does not include any increases resulting from a voluntary interest arbitration award, a disputes inquiry board recommendation, or a settlement during or following a strike or lockout.
1.6 “Lump sum payment” means a one-time payment, consistent with other one-time payments sometimes referred to as signing bonuses. “Lump sum payment” explicitly does not include the continuation or renewal of lump sum payments currently provided in existing comparator agreements between School Jurisdictions and unions listed in Clause 1.1 of this Letter of Understanding.
2. If a general salary increase(s) for a comparator agreement in either the first year (September 1, 2016 to August 31, 2017) or second year (September 1, 2017 to August 31, 2018) exceeds 0%, the general salary increase(s) negotiated under that comparator agreement will be applied to the salary grid, administrative allowances and daily substitute teacher rate of pay of the collective agreements with the Association in the first year or the second year respectively, and effective the same date(s) as provided in the affected comparator agreement. If more than one general salary increase is negotiated for comparator agreements, the increases shall not be compounded across multiple comparator agreements, however, the total highest such general salary increase(s) in each year will be applied to the salary grid, administrative allowances and daily substitute teacher rate of pay.
3. If a new lump sum payment(s) for a comparator agreement in either the first year (September 1, 2016 to August 31, 2017) or second year (September 1, 2017 to August 31, 2018) is negotiated, the newly negotiated lump sum payment(s) negotiated under that comparator agreement will be applied to the collective agreements with the Association in the first year or the second year respectively, and effective the same date(s) as provided in the affected comparator agreement. If more than one newly negotiated lump sum payment is negotiated for comparator agreements, the lump sum payments shall not be compounded across multiple comparator agreements, however, the total highest of such lump sum payment(s) in each year will be applied to the salary grid, administrative allowances and daily substitute teacher rate of pay.
4. This Letter of Understanding expires on August 31, 2018 and will not be extended beyond that date notwithstanding that the collective agreement is bridged by operation of law. This Letter of Understanding will not apply to a general salary increase or lump sum payment for a comparator agreement negotiated to be effective after August 31, 2018.
New Letter of Understanding #3—Classroom Improvement Fund (CIF) Grant Program
1. Each School Jurisdiction will establish a committee to support the CIF grant program. CIF committees will be composed of equal number of School Jurisdiction representatives, appointed by the School Jurisdiction or designate, and teacher representatives, appointed by the Association. Teacher representatives must be employed by the School Jurisdiction. CIF committees will have a minimum of six (6) and maximum of ten (10) equal representatives total. CIF committee may meet as viewed necessary, but shall meet at least once in the 2017-18 school year.
2. CIF committees will be responsible for reviewing and prioritizing proposals and agreeing to the distribution of the CIF grant funds available for that School Jurisdiction. The committee will be responsible to prioritize proposals based on classroom needs and approve CIF allocation of resources up to the funds available for that School Jurisdiction.
3. A majority of the CIF committee members must agree in order to advance a proposal for a CIF grant.
4. The School Jurisdiction must forward agreed-upon CIF proposals to Alberta Education. The decisions of the CIF committee is not subject of a grievance under this collective agreement.
Letter of Understanding #4—Retiring teacher’s substitute application.
Teachers retiring from the School Jurisdiction will be provided with the opportunity to apply to the substitute teacher list prior to retirement without having to submit a new police information check/vulnerable sector search, intervention record check or a pastoral reference to the School Jurisdiction. The School Jurisdiction retains the right to determine whether to accept the retiring teacher as a substitute teacher.
Letter of Understanding #5—New Positions in the Bargaining Unit
The School Jurisdiction agrees to provide the role descriptions of Lead Teachers, Specialist Teachers and Coaches to the Association within 60 days of the ratification of this Memorandum of Agreement.
Letter of Understanding #6—Teacher Board Advisory Committee
1. The Board and Senior Administration and the Association recognize the advantages and acknowledge the mutual benefits to be derived from effective communication between trustees, teachers and administrators.
2. The parties agree to the continuation of the teacher board advisory committee.
3. The purpose of the teacher board advisory committee will be to discuss matters related to teaching, learning conditions or other matters of interest or concern. Such matters for discussion may include educational policy changes, administrative procedures, changes to the condition of professional service, and communicating the views of the respective parties. Matters related to current collective bargaining negotiation or active grievances will not be discussed by this committee.
4. The teacher board advisory committee shall consist of up to five (5) authorized representatives of the Association and up to five (5) authorized representatives of the Board and Senior Administration.
5. This committee will endeavour to meet a minimum of twice per year. Notwithstanding, the committee shall meet within thirty (30) calendar days of written request from either party.