The Alberta Teachers’ Association

This Collective Agreement is made in duplicate this 19th day of March, 2014, pursuant to the

School Act, and the Labour Relations Code.

Between

The Lakeland Roman Catholic Separate School District No. 150

(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 teachers have been subject of negotiations between the parties, and

WHEREAS the parties desire that these matters be set forth in an agreement;

NOW THEREFORE THIS AGREEMENT WITNESSETH THAT THE PARTIES AGREE AS FOLLOWS:

1.   RECOGNITION

1.1   This Agreement applies to those employees of the Employer who as a condition of 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 or where the context requires, teacher.

1.2   Notwithstanding clause 1.1, the following shall be excluded from this Agreement:

(a) Superintendent

(b) Deputy and/or Assistant Superintendent/Associate Superintendent

(c) Director of Technology Services

(d) Director of Human Resources

2.   TERM AND EFFECTIVE DATE

2.1   The term of this agreement is from September 1, 2012 to August 31, 2016. Unless otherwise specifically provided for in this Agreement, this agreement takes effect on the first day of the month following signing of the Agreement by both parties and remains in effect until August 31, 2016, or as provided for in 2.3.

2.2   Either party to this Agreement shall give the other notice in writing of intent to negotiate amendments or to renew the Agreement not less than 60 and not more than 180 days immediately preceding the expiry of this Agreement.  At the first meeting between the parties following such notice, the parties shall exchange particulars of all amendments they seek.  Negotiations shall be limited to the items in the two lists combined, except by mutual agreement.

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

3.   SALARY SCHEDULE

3.1   The negotiated salary grid shall form part of the Collective agreement as Schedule A.

3.2   The following will apply to salaries as set out in the collective agreement grid, other rates or pay, allowances and substitute teacher daily rates of pay:

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

4.   EVALUATION

4.1   The evaluation of teacher education for salary purposes shall only be that determined by a Statement of Qualifications issued by the Alberta Teachers' Association Teacher Qualifications Service in accordance with the policies and principles approved by the Teacher Salary Qualifications Board established by memorandum of Agreement amongst the Department of Education, the Alberta Teachers' Association, and the Alberta School Trustees' Association dated March 23, 1967.

4.2   Placement on the salary schedule shall be according to the number of full years of teacher education at the first day of each school year or on commencement of employment and/or on February 1st.

4.3   TQS Evaluation

4.3.1   Each teacher claiming additional teacher education, and each teacher commencing employment with the Employer, shall supply a Teacher Qualification Service (TQS) evaluation to the Employer within 45 calendar days from commencement of the school year or from the date of commencement of employment. 

Until the Employer receives a satisfactory TQS evaluation, the teacher shall be placed on the salary schedule according to the most recent acceptable statement of qualifications or according to the minimum education requirements for the teacher’s teaching certificate.

4.3.2   If a satisfactory evidence or proof of having applied to TQS is submitted to the Employer within the 45 calendar days and a subsequent satisfactory TQS evaluation is received, salary shall be adjusted retroactive to the date of commencement.  Satisfactory evidence of submission shall include evidence that all documentation necessary for TQS evaluation purposes has been submitted to TQS within the 45 day calendar period noted herein. While it is expected that actual provision of transcripts will be provided along with other requirements, a receipt, as proof of request for transcripts and dated within the 45 day period, shall be accepted.  If a satisfactory evidence or proof of having applied to TQS is not submitted to the Employer within the 45 calendar days and a subsequent TQS supports a higher placement, salary shall be adjusted effective the beginning of the month following Employer receipt of the satisfactory TQS evaluation.

5.   EXPERIENCE INCREMENTS

5.1   The number of years of teaching experience earned by a teacher prior to engagement by the Employer is counted as if it had been teaching experience in schools under the Employer’s jurisdiction.   For increment purposes, the Employer shall not recognize partial years of experience with previous Boards. Substitute teaching shall not be counted as teaching experience for purpose of this clause.

Effective September 1, 2014, clause 5.1 shall be amended as follows:

The number of years of teaching experience earned by a teacher prior to engagement by the Employer is counted as if it had been teaching experience in schools under the Employer’s jurisdiction.   For initial grid placement purposes, the Employer shall recognize partial years of experience with previous Boards provided that such experience equals a minimum of 120 teaching days as per 5.2.  Substitute teaching shall not be counted as teaching experience for the purpose of this clause. The forgoing shall become effective September 1, 2014 on a go forward basis, for those hired on or after that date.

5.2   A teacher on contract who provides active teacher service with the Employer for a minimum equivalent of 120 teaching days shall be eligible for one teaching experience increment.  Such teaching experience must be earned within two (2) consecutive years with the Employer.  Substitute teaching shall not be counted as teaching for purpose of this clause.

5.3   Should a substitute teacher accumulate 120 days over three (3) consecutive years with the Employer, he/she shall be eligible for one year of teaching experience.

5.4   The adjustment date for the changes in the number of years allowed for teaching experience shall be on the first teaching day of the school year or the first day of February, provided however that no teacher shall receive more than one experience increment in any one school year.

5.5   Active teacher service excludes leaves in excess of 30 consecutive calendar days. Upon return to active service, the accumulation of teaching days recommences.

6.   ALLOWANCES

6.1   Administrative Allowances

6.1.1   Principal

The principal’s allowance is to be adjusted on the same dates and by the same percentage increases as are applied to the salary grid.  

In addition to the salary entitlements earned under the foregoing articles of agreement, each principal shall receive an administrative allowance per school year as follows:

A basic allowance will be paid for each principal. Effective September 1, 2011 the basic allowance is $12,059.38. Effective September 1, 2014, the basic allowance is $14,159.38. Effective September 1, 2015, the basic allowance is $14,442.57.

For those principals in schools with more than 125 full-time equivalent students registered as of September 30, the principal shall receive the basic allowance and a further allowance of $23.34 per FTE student. Effective September 1, 2015, the further allowance is adjusted to $23.81 per FTE student.

6.1.2   Vice-Principal / Assistant Principal

In addition to the salary entitlements earned under the foregoing articles of agreement, each vice-principal shall receive an administrative allowance equal to half of the principals' allowance and assistant principals shall receive an administrative allowance equal to one quarter of the principals' allowance.

6.1.3   The Employer shall grant each principal, vice-principal, and assistant principal five days of leave per school year without loss of pay with scheduling by agreement with the Superintendent.

6.1.4   In the absence of the principal, a person shall be designated as temporary acting principal and shall be paid 1/200 of the principal’s allowance for each operational day, commencing on the sixth consecutive day. Effective September 1, 2014, in the absence of the principal, a person shall be designated as temporary acting principal and shall be paid 1/200 of the principal’s allowance for each operational day, commencing on the eleventh consecutive day.

6.2   Coaching Allowance

The coaching allowance is to be adjusted on the same dates and by the same percentage increases as are applied to the salary grid.

Effective September 1, 2011, a coaching allowance of $2,455.59 shall be divided amongst the coaches in accordance with a schedule established by the coaches and approved by the administration of the school and shall be payable during the school year; designation of coaches shall be approved by the administration of the school.  Assumption Junior/Senior and Notre Dame Senior High shall receive an additional amount of $613.90. Effective September 1, 2015 the amounts shall be adjusted to $2504.70 and $626.18.

7.   SUBSTITUTE TEACHERS

7.1   A 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 grid.

Effective September 1, 2011, a teacher employed as a substitute teacher shall be paid $202.32 per day, including vacation pay. Effective September 1, 2015, a teacher employed as a substitute teacher shall be paid $206.37 per day, including vacation pay.

7.3   A teacher employed as a substitute teacher shall be paid as follows:

(i) Substitute teachers who teach for a half day or less will be paid 50% of the full day rate.

(ii) Substitute teachers who teach for greater than a half day will be paid the full day rate.

7.4   A teacher substituting for 4 or more consecutive full-time equivalent days for the same teacher shall be paid according to grid position retroactive to the first day.

8.   PART-TIME TEACHERS

8.1   A part-time teacher shall mean a teacher employed under a contract of employment with the Employer, whose assignment is less than that of a full-time teacher.

8.2   The Employer may provide a part-time assignment to a teacher with a full-time continuous contract, upon the teacher’s request.

9.   HEALTH PLAN BENEFITS

9.1   Alberta School Employee Benefit Plan (ASEBP) or Equivalent

9.1.1   Membership in group insurance plans operated by the Employer shall be a condition of employment of all eligible teachers.  However, where there is duplication of benefit because the spouse of a teacher has the benefit plans, the teacher may be exempt from the condition of employment.

9.1.2 (i) Life Insurance, Accidental Death, Dismemberment and Extended Disability Benefits - Schedule 2 and Plan D or Equivalent—The Employer shall contribute the monthly premium payable per eligible teacher.

(ii) Extended Health Care Benefits - Plan 1 or Equivalent—The Employer shall contribute the monthly premium payable per eligible teacher.

(iii) Dental Care Benefits - Plan III or Equivalent—The Employer shall contribute the monthly premium payable per eligible teacher.

(iv) Vision Care - Plan III-or Equivalent—The Employer shall contribute the monthly premium payable per eligible teacher.

9.2   Alberta Health Care Insurance Plan

The Employer shall contribute the monthly premium payable per eligible teacher.

9.3   Health Spending Account

9.3.1   Effective September 1, 2011 the Employer shall make an annual contribution to a Health Spending Account for each teacher of $600.00.

9.3.2   That is administered by ASEBP as allowed by CRA and Income Tax regulations for the benefit of that teacher and his/her spouse and dependant(s).

9.3.3   Effective September 1, 2014 combine and amend 9.3.1 and 9.3.2 as per: The Employer shall make an annual contribution of $650 for each teacher to the health spending account administered by ASEBP ( or equivalent plan) as allowed by the CRA and income, tax regulations for the benefit of the teacher and his/her spouse and  dependents.

9.3.4   Teachers leaving the employ of the Employer will forfeit any remaining balance, subject to the run off provisions as per CRA regulations.

9.3.5   In this article “eligible teacher” means any teacher on a continuing, probationary or temporary contract during the year.  For temporary contract teachers, 1/12 of the annual contribution will be deposited for each full month the teacher is under contract.

9.4   No premiums are payable by the Employer when leaves of absence for more than one month have been granted.

9.5   Payments made toward benefit plans by the Employer shall permit the Employer to retain and not pass on to teachers any rebates of premiums otherwise required under Canada Employment and Immigration Commission (previously, Unemployment Insurance Commission) regulations.

10.   LEAVES

10.1   Sick Leave

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

(i) In the first year of service with the Employer - 20 school days, at a rate of two (2) days per month.

(ii) In the second year of service with the Employer - the unused portion of the days from year one plus 20 school days, at a rate of two (2) days per month.

(iii) During the third and subsequent years of service with the Employer, annual sick leave will be granted for 90 calendar days.

10.1.2   After 90 calendar days of continuous illness due to medical disability, no further salary shall be paid and the ASEBP shall take effect.

10.1.3   Where a teacher has suffered an illness and/or has received benefit under the provision of ASEBP (Plan D) and has been granted sick leave benefits in accordance with clause 10.1.1 (iii), the teacher shall be entitled to additional sick leave benefits in the current school year in accordance with clause 10.1.1 (iii) upon resumption of full-time duty.

10.1.4   For absences due to illness on three or more consecutive days, a statement verifying illness and signed by a qualified physician may be required by the Employer.  However, the Employer may request the opinion of a second qualified physician.

10.2   Sabbatical Leave

10.2.1   Sabbatical leave shall mean leave of absence granted by the Member Employer on application by a teacher for study approved by the Member Employer for improving the teacher's academic or professional education.

10.2.2   To be eligible for sabbatical leave under clause 10.2.1, the teacher shall have served the Employer for six (6) years.

10.2.3   A teacher who is granted sabbatical leave shall give an understanding in writing to return to his/her duties following expiration of his/her leave and shall not resign or retire from teaching service, other than by mutual agreement between the Employer and the teacher, for a period of at least two (2) years after resumption of his/her duties. In the event that this condition is not met, the teacher shall repay the Employer for the Employer costs of the leave, in full or, if there is a partial period of return to work, pay the costs on a pro rata basis.

10.2.4   All applications for sabbatical leave shall be submitted to the Employer by March 1 preceding the school year in which the sabbatical leave is to commence.

10.2.5   The Employer shall determine, in its sole discretion, both the number and the persons to be granted sabbatical leave of absence after considering the seniority of each applicant and the interests of the school system.

10.2.6   A teacher who is granted sabbatical leave for the year shall receive as salary, a minimum of $16,000.00 for that year, payable in equal monthly installments on the last day of each month.

10.2.7   A period of sabbatical leave shall be considered as an equal period of classroom service for the purpose of determining service and salary status.

10.2.8   Upon resumption of duties, the teacher shall be returned to a position no less favorable than the one which he or she enjoyed before the leave was taken.

10.3   Critical Illness and Bereavement Leave

10.3.1   A teacher shall be granted a leave of absence without loss of pay in the case of critical illness of the following immediate family members of the teacher:  spouse, son, daughter, father or mother, up to a maximum of three (3) teaching days.  A statement, provided by a qualified physician, certifying the critical nature of the illness, may be required by the Employer. However, the Employer at its discretion, may grant such leaves for more than three (3) days.

10.3.2   Furthermore, a teacher shall be granted a leave of absence without loss of pay in case of death of the following relative of either teacher or teacher's spouse:  immediate family members, spouse, son or daughter, parent, brother or sister, grandparent, grandchild, son-in-law, daughter-in-law, brother-in-law, sister-in-law, up to a maximum of five (5) teaching days.

13.3.3   A teacher shall be granted a leave of absence for no more than one day in total per school year, without loss of pay, in the event of a death of one of the following:  aunt, uncle, niece, nephew, cousin or close personal friend.

10.4   Personal Leave

10.4.1   A teacher may, for personal reasons, and with prior notification to the school administration, be absent from duties for two (2) days per school year.  The first day is without loss of pay and the second day is with the deduction from his/her salary of the cost of a substitute as per clause 7.2 and 7.3. Effective September 1, 2014, teacher may, for personal reasons, and with prior notification to the school administration, be absent from duties for two (2) days per school year.  The first day is without loss of pay and the second day is with the deduction from his/her salary of 50% of the cost of a substitute as per clause 7.2 and 7.3.

10.4.2   Unused personal leave will accumulate to the credit of each teacher to a maximum of five (5) days at a rate of two unused personal leave days per school year. Accumulated days used are less the cost of a substitute.

10.4.3   Two or more consecutive days of personal leave may be taken with the agreement of the principal of the school.

10.4.4   To qualify for one day personal leave entitlement, an employee must have a minimum contract of five continuous months in a school year with this Employer. Such employees may use the personal day in advance of completing five continuous months of employment. However, if they leave prior to completion of the five month period, the cost of the personal leave day advanced shall be recovered from their final pay cheque at 1/200 of their salary. 

10.5   Paternal Leave

10.5.1   A teacher shall be granted, upon request, up to two operational days’ leave with pay at the time of the birth of his child during the school year, with the time to be taken within two calendar days, from either of:

(i) the date of birth, or

(ii) the date of the mother’s release from hospital.

10.6   Jury Duty, Court Summons or Subpoena Leave

10.6.1   Leave of absence without loss of pay shall be granted:

(a) For jury duty or any summons related thereto;

(b) To answer a subpoena or summons to attend, as a witness, in any proceeding authorized by law to compel the attendance of witnesses, providing that the jury fee or court stipend is returned to the Employer.

10.7   Other Leaves

10.7.1   Additional leaves of absence may be granted by the Employer, with pay and with benefits, with pay and without benefits, without pay and with benefits, or without pay and without benefits, at the discretion of the Employer.

10.8   Family Medical Leave

10.8.1   A maximum of three (3) days per school year shall be granted with full pay for family medical treatment provided that the teacher's accumulated number of sick leave credits, as granted by clause 10.1.1 for teachers in the first two (2) years of service with the Employer is reduced by a corresponding amount.  Additional days may be granted upon a request at the discretion of the Employer.

10.9   Maternity Leave

10.9.1   Maternity leave shall be for a maximum of 15 weeks.

10.9.2   Each teacher shall endeavor to notify the Employer of her leave requirements three months in advance, however, she shall give the Employer at least six weeks notice of the day on which she intends to commence maternity leave. Such notice shall be in writing.

10.9.3   Prior to the commencement of maternity leave the teacher shall access sick leave for any health-related absence related to the teacher's pregnancy.

10.9.4   Upon commencement of maternity leave the teacher agrees to apply for employment insurance benefits and to access the employers SUB plan for the health-related portion of her maternity leave. The payment of such benefits shall commence on the date of birth, or the date of eligibility for employment insurance, if later than the date of the birth and will continue during the health-related portion of the maternity leave until the teacher's available sick leave is exhausted, or for a maximum of 13 weeks, whichever event first occurs. Pre-delivery health-related leave and SUB plan payments shall not exceed 13 weeks.

Payment under the SUB plan, when combined with employment insurance benefits shall be equivalent to 100% of the teacher's salary.

10.9.5   The teacher shall provide a medical certificate respecting the health-related portion of her maternity leave.

10.9.6   Maternity leave shall be without payment and contribution to benefit premiums except as provided in clauses 10.9.3 and 10.9.4.

10.9.7   The teacher shall provide the Employer with four weeks notice of her intention to return to her duties.

10.10   Parental Leave

The Employer shall grant parental leave, without salary and without Employer contributions to health plan benefits, to a teacher in the following circumstances:

(a) 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; in the case of a parent who is employed by the Employer, a period of not more than thirty-seven (37) consecutive weeks within fifty-two (52) weeks after the child’s birth; in the case of an adoptive parent who is employed by the Employer, 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.

(b) If both parents are Employer employees, the parental leave may be accessed entirely by one of the parents or shared between the parents.  However, the Employer is not required to grant parental leave to more than one employee at a time.

10.10.1   Notice of Parental Leave

(a) A teacher must give the Employer six (6) weeks of notice of the date the teacher will start parental leave unless: the medical condition of the birth mother or child makes it impossible to comply with this requirement; or the date of the child’s placement with the adoptive parent was not foreseeable.

(b) If the teacher cannot comply with the written notice requirement for any of the reasons stated under subsection 10.10.1(a), the teacher must give the Employer written notice at the earliest possible time of the date that the teacher will start or has started parental leave.

10.10.2   Notice of Resumption of Employment

(a) A teacher who wishes to resume working on the expiration of a maternity leave or parental leave shall give the Employer 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.

(b) A teacher returning from maternity leave or parental 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.

10.10.3   Teachers on parental leave may make arrangements to prepay premiums for applicable benefits through the administration office.

11.   TEACHER BOARD ADVISORY COMMITTEE

11.1   The parties hereby recognize that basic to the proper management and administration of a school system is the Employer's right and responsibility to formulate and adopt policies and regulations.

11.2   The Employer and the teachers under the Employer's jurisdiction, recognize the advantages and acknowledge the mutual benefits to be derived from effective communication between the Employer members, teachers and administration.

11.3   The parties thereby agree that there shall be established a Board-teacher advisory committee for the purpose of communicating and considering matters of general local concern related to school affairs including proposed educational policy changes and changes in conditions of professional service.

11.4   The Teacher Board Advisory Committee may make recommendations to the teachers and to the Employer only on items of policy not under negotiations. The committee shall not deal with collective agreement interpretations/ grievance matters nor discuss the modification of the collective agreement.  No agreement, decisions or action of the committee shall be construed by any party as an interpretation or modification of this agreement.

11.5   The Teacher Board Advisory Committee shall consist of one teacher from each school, designated Employer member(s), and the superintendent or his/her designate.

11.6   This Committee shall meet initially within the first two months of the school year.  Further meetings shall be upon the request of either party.

12.   SUMMER SALARY PAYMENT

12.1   A teacher shall upon written request prior to June 1st receive his/her July salary along with the regular June payment and provided that the required forms and records are submitted to the Employer, the teacher shall receive his/her August payment on/or before July 15.

12.2   A summary of cumulative sick leave, personal leave, and reason of pay deductions is to be enclosed with the July or August salaries.

13.   GRIEVANCE PROCEDURE

13.1   Any difference between an employee covered by this agreement and the Employer, or in a proper case between the local of the Association and the Employer concerning the interpretation, application, operation, or alleged violation of this agreement and further including any dispute as to whether the difference is arbitrable, shall be dealt with as follows, without stoppage of work or refusal to perform work:

13.2   STEP A

Such difference (hereinafter called "a grievance") shall first be discussed by the aggrieved within 10 days from the date of the incident giving rise to the grievance or from the date the aggrieved first had knowledge of the incident, whichever is later, with the Secretary-Treasurer, with the objective of resolving the matter informally.

13.3   STEP B

If the aggrieved is not satisfied with the disposition of his/her grievance, or if no decision has been rendered within three (3) school days after the presentation of the grievance, he/she shall file the grievance in writing with the Secretary-Treasurer of the Employer.  Such written submission shall be made within five (5) school days after the grievance was first presented.  Such submission shall set out the nature of the grievance, the articles of this agreement which is alleged have been violated, and the remedy sought.

13.4   STEP C

If no decision has been rendered within five (5) school days after submitting the written grievance, the aggrieved, or the local of the ATA as the case may be, shall submit his/her grievance to a grievance committee as hereinafter provided.  Such grievance committee shall be composed of two (2) representatives of the Employer and two (2) representatives of the Association.  A quorum of this committee shall consist of all members.

The grievance committee shall meet and endeavor to resolve the grievance and shall render its decision in respect of the grievance within 21 days following receipt of the submission and shall dispose of each grievance before proceeding to another, except where by unanimous consent of the grievance committee, the hearing of such grievance is adjourned for the purpose of obtaining further information.  If the grievance committee reaches a majority decision as to the disposition of any grievance, that decision shall be final and binding.

13.5   STEP D

13.5.1   If the grievance committee does not reach a majority or any decision within the said time, then either party may, by written notice served on the other party, require the establishment of an arbitration board as hereinafter provided.  Such notice must be given within ten (10) days after the date of the aforesaid 21 day limit expires or the date the grievance committee renders other than a unanimous decision, whichever is shorter.

13.5.2   In a proper case, the Employer or the Local may institute a grievance and shall submit it within ten (10) days of the act giving rise to the grievance, or from the date on which it reasonably came to the attention of the aggrieved. The particulars shall be forwarded in writing by the Employer to the Local or the Local to the Employer, as applicable. The respondent shall render a written decision within ten (10) days. In the event that the respondent’s decision fails to resolve the matter, either party may, by written notice within ten (10) days of receipt of the decision, require the establishment of an arbitration board as hereinafter provided.

13.5.3   Each party shall appoint one member as its representative on the arbitration board within seven (7) days of such notice and shall so inform the other party of its appointee.  The two members so appointed shall within five (5) days of the appointment of the second of them appoint a third person who shall be the chairman.

In the event of any failure to appoint, any party may request the Director of Mediation to make the necessary appointment.

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

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

13.5.6   The findings and decisions of a majority of the arbitration board are the award of the arbitration board and are final and binding upon the parties and upon any employee affected by them.  If there is not a majority, the decision of the chairman governs and it shall be deemed to be the award of the Board.

13.5.7   The arbitration board shall give its decision not later than 14 days after the appointment of the chairman, provided however, that this time period may be extended by written consent of the parties.

13.5.8   Each party to the grievance shall bear the expense of its respective appointee and the two parties shall bear equally the expense of the chairman.

13.5.9   All of the aforesaid time limits referred to in the grievance procedure shall be exclusive of Saturdays, Sundays and statutory holidays.

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

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

14.   SUBROGATION

14.1 (a) Cost of Absence means the total remuneration paid by the Employer during a period when the teacher was absent from work.

(b) Interest means interest calculated in accordance with the provisions of the Alberta Judgment Interest Act, SA 2000, c.J-1 and amendments and regulations thereto.

(c) Judgment or Settlement means an order of a court of competent jurisdiction or an agreement whereby the teacher agrees to accept any sum of money representing past or future loss of remuneration, either by lump sum, periodic payment(s), or through the purchase of an annuity, or any of them.

(d) Remuneration means the salary, allowances, benefit premiums and other monies paid to or in respect of the teacher by the Employer.

(e) Teacher means a teacher in respect of whom the Employer has incurred a cost of absence and includes the teacher's personal representative, trustee, guardian or the estate of the deceased teacher.

14.2   In the event that the Employer incurs a cost of absence as a result of an act or omission of a third party, the Employer is subrogated to any right of recovery of  the teacher from the third party in the amount of the cost of absence and without restricting the generality of the foregoing, the following provisions apply:

(a) the teacher shall advise the Employer in advance of the teacher's intention to initiate any claim in which an act or omission of a third party has resulted in the Employer incurring a cost of absence;

(b) the teacher shall upon request by the Employer include the cost of absence, as calculated by the  Employer, in the teacher's claim;

(c) the Employer shall have the right (but not the obligation) to maintain an action in the name of the teacher and engage a solicitor (including the teacher's solicitor) to recover the cost of absence;

(d) the teacher agrees to cooperate with the Employer and to provide, at the  Employer's expense, all loss of income records, transcripts, loss of income reports and information with respect to the calculation or allocation of damages and attend examinations for discovery or assist as a witness where required;

(e) the teacher will not settle his/her claim without the prior written consent of the Employer as to the amount of the cost of absence to be recovered by the  Employer;

(f) upon resolution of the amount of the cost of absence payable to the Employer, the Employer may, upon default of payment by the teacher following demand by the Employer offset the agreed upon amount of the cost of absence payable to the teacher by  the  Employer;

(g) the teacher shall not release any third party from the cost of absence without the consent of the Employer; and

(h) the Employer's consent to settlement shall not be unreasonably withheld.

14.3   When as a result of judgment or settlement with the consent of the Employer, the teacher recovers a sum equal to all of the cost of absence, the teacher shall, as of the date of settlement or judgment, pay the full cost of absence recovered to the Employer plus interest, less a proportionate share of legal fees payable thereon by the teacher to his/her solicitor with respect to such recovery.

14.4   When as a result of a judgment or settlement with the consent of the Employer, the teacher recovers a sum equal to a portion of the cost of absence, the teacher shall as of the date of settlement or judgment, pay to the Employer, the amount of the cost of absence recovered plus interest, less a proportionate share of legal fees payable thereon by the teacher to his/her solicitor with respect to such recovery.

14.5   The teacher will upon request by the Employer execute such documents and agreements as may be required or deemed desirable by the Employer to give effect to the provisions of this Article 14.

14.6   In exercising any of its rights under Article 14, the Employer shall have due regard for the interests of the teacher.

ADDENDUM

A.   The Employer and the Association agree that the following coordinator positions allowances are excluded from the Collective Agreement:

(1) French Coordinator

(2) Religious Coordinator

(3) Instruction Program Coordinator

Schedule A

Effective September 1, 2012 to August 31, 2014:

Allowances

Effective September 1, 2014 to August 31, 2015: (adjust grid by 0.06%) :

Allowances

Effective September 1, 2015 to August 31, 2016: (adjust grid by 2%):

Allowances

LETTERS OF UNDERSTANDING

Letter Of Understanding #1

It is recognized that the organizational changes have resulted in a phase out of the teacher occupied positions of Guidance/ Counselling positions and that as of the date of signing of this letter (February 4, 2013) there remains one recognized incumbent performing a portion of the role as originally established. However, the School District agrees that on a present incumbent only basis, that incumbent will continue to receive an allowance of $987.14 per year until the incumbent ceases to perform those duties, or assumes other responsibilities, positions or leaves the employment of the Board. 

The counselling allowance is to be adjusted on the same dates and by the same percentage increases as are applied to the salary grid.  As a result, effective September 1, 2015, the allowance shall increase to $1,006.88.

Letter Of Understanding # 2

Effective September 1, 2014, administrative procedure 405 shall be adjusted from $50 per day and $25 per half day to $60 and $30 respectively.