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This collective agreement is made in duplicate this 22 day of June, AD 1999 pursuant to the School Act and the Labour Relations Code .
Between the Board of Trustees of the Livingstone Range School Division No 68 hereinafter called "the Board" and the Alberta Teachers' Association, hereinafter called "the Association," acting on behalf of the teachers employed by the Board.
WHEREAS the Association is the bargaining agent for the teachers employed by the Board, and
WHEREAS the terms and conditions of employment and the salaries of the teachers have been the subject of 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.
NOW, THEREFORE, THIS COLLECTIVE AGREEMENT WITNESSETH that in consideration of these premises and of the mutual and other covenants herein contained, the parties agree as follows:
1. Article 1 - Application
1.1 This collective agreement applies to employees of the Board, who as a condition of their continued 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, except those designated as superintendent, assistant superintendent and associate superintendent.
1.2 The salaries and the terms and conditions of the teachers' employment with the Board are governed by the provisions of this collective agreement and any statutory provision relating thereto.
2. Article 2 - Term and Effective Date
2.1 This collective agreement shall, except where otherwise specified, take effect on September 1, 1999 and shall remain in full force and effect until August 31, 2001.
2.2 Either party may give to the other party 60 to 150 days prior to the termination of this collective agreement a notice in writing of its intention to commence collective bargaining with a view to striking a new collective agreement. At the first meeting between the parties, both parties shall exchange details of all amendments sought.
3. Article 3 - Board Prerogatives
3.1 The Board hereby exclusively retains and reserves unto itself all powers, rights, authority, duties and responsibilities conferred upon and vested in by the laws of the province of Alberta and shall be limited only by the specific and express terms of this collective agreement. The Board must act in a fair, just and reasonable manner.
4. Article 4 - Salary
4.1 The following shall determine the placement on the salary schedule:
(a) the number of years of teacher education in accordance with article 5.
(b) the number of years of teaching experience in accordance with article 6.
4.2 The salary of a part-time teacher shall be calculated by determining the salary to which the teacher would be entitled to if the teacher were teaching on a full-time basis and applying to this amount the percentage that is equivalent to the actual time assigned the teacher by the Board.
4.3 Salary schedule "A" is attached to and forms part of this collective agreement.
5. Article 5 - Teacher Education
5.1 The evaluation of teacher education for salary purposes shall be determined by a statement of qualifications issued by the Teacher Qualifications Service in accordance with the policies established by the Teacher Salary Qualifications Board, established by memorandum of agreement among the Department of Education, the Alberta Teachers' Association and the Alberta School Trustees' Association, dated March 23, 1967.
5.2 Placement on the salary schedule shall be according to the number of years of teaching experience and full years of teacher education at September 1 or February 1 of each school year or upon commencement of employment.
5.3 A teacher commencing initial employment with the Board, shall within 30 calendar days of the teacher's commencement date, submit to the Board either a statement of qualifications from the Teacher Qualifications Service or evidence of having applied for issuing of such a statement.
5.4 A teacher claiming entitlement to additional teacher education for purposes of placement on the salary schedule in respect of an additional year or years of teacher education, shall within 30 calendar days of September 1 or February 1, submit to the Board evidence of having applied to the Teacher Qualifications Service for a statment of qualifications evidencing the number of years of teacher education for which the Teacher Qualifications Service will grant recognition.
5.5 Until the teacher submits the statement of qualifications hereinbefore referred to, 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 certificate.
5.6 In the event that a teacher does not, within 30 calendar days of September 1 or February 1 or upon the commencement of active employment, supply evidence of having applied to the Teacher Qualifications Service for a statement of qualifications, any adjustment to the placement of the teacher on the salary schedule shall be made effective the first day of the month following the month in which the Board receives the statement of qualifications (but excluding July and August) and such adjustment will not have any retroactive effect.
6. Article 6 - Teaching Experience
6.1 A teacher shall, for purposes of placement on the salary schedule, be deemed to have earned an additional year of teaching experience upon rendering service with the Board for not less than the equivalent of 120 full days of service in a school year or 60 full days of service in a semester with two completed semesters equalling 120 days of full service. The additional teaching experience earned hereunder shall not be credited to a teacher until the commencement of the next school year or the first day of February in that school year, whichever date first occurs, after a teacher is deemed to have earned an additional year of teaching experience. In the event that a teacher has rendered more than 120 full days of service since being credited with his/her last increment, a teacher shall not be entitled to apply any days of service in excess of 120 full days to the earning of an additional increment.
6.2 A teacher employed on a regular part-time basis, such that the equivalent of 120 full days of service cannot be accumulated in one school year or 60 full days in one semester, shall receive an additional year of teaching experience upon the completion of the equivalent of 120 full days of service. In the event that such a teacher has rendered more than the equivalent of 120 full days of service at the time an increment is credited, then such a teacher shall not be entitled to carry forward or apply any days of service in excess of 120 full days.
6.3 No teacher shall receive credit for teaching experience gained while the teacher was not holding a valid teaching certificate.
6.4 Substitute teaching shall not, under any circumstances, be used in calculating whether an additional year of teaching experience with the Board has been earned.
6.5 Teaching experience obtained by a teacher prior to employment with the Board shall be counted as if it has been teaching experience in schools under the Board's jurisdiction provided that such prior teaching experience is documented by previous employer(s). Prior experience must be with a legally constituted school jurisdiction, as defined in the school acts of the various provinces of Canada or with a comparable school jurisdiction in the United States.
7. Article 7 - Vocational Teachers
7.1 Vocational school teachers who are teaching in a vocational trade may include the following as experience provided that it is documented and confirmed by previous employer(s).
(a) A vocational teacher is an employee offering instruction at the Willow Creek Composite High School in Claresholm in any subject requiring teacher qualifications under the Technical and Vocational Training Agreement and its appendices.
(b) The Board, at its discretion, may recognize a vocational teacher's trade and teaching experience by initially placing the teacher on a step of the basic salary schedule which will provide a salary commensurate with the income in business, trade or industry, provided that this placement shall not exceed the maximum step in the applicable category.
The minimum experience recognized shall be for the last five years of trade experience (or part thereof) plus 1/3 of all or any remaining trade experience.
(c) Vocational teachers receiving incremented payments pursuant to collective agreements prior to January 1, 1986 shall continue to receive such payments.
8. Article 8 - Allowances
8.1 Principal Allowance - In addition to his/her salary in article 4, each principal shall receive, monthly, an allowance equal to 1/12 of the minimum allowance of $10,500 per school or an amount calculated according to the following schedule, whichever is greater. In the case of teachers designated as the principal of a Hutterite Colony School, the $10,500 minimum will not apply; the following calculation scale will apply. In all instances, this calculation will include the principal and assistant principal(s) (vice principal(s)).
- 4.0 percent of the fourth year minimum for each of the first five teachers,
- 2.0 percent of the fourth year minimum for each of the next five teachers,
- 1.3 percent of the fourth year minimum for each of the next five teachers,
- .9 percent of the fourth year minimum for each of the next five teachers,
- .85 percent of the fourth year minimum for each remaining teacher.
For the purpose of this clause, a proportionate allowance shall be paid for part-time teachers.
8.2 In addition to his/her salary in article 4, each assistant principal (vice-principal) shall receive 1/2 the allowance paid to the principal, except that where there is more than one vice-principal, assistant principal, team leader or other administrative support personnel in a school, a sum equal to the assistant principal's (vice-principal's) allowance shall be divided between them or among them in the ratio of their responsibilities.
(a) In a school where there is no assistant principal (vice-principal), a teacher shall be designated by the Board to be acting principal in the absence of the principal and shall be paid an amount equivalent to 1/200 of 50 percent of the principal's allowance for each full day of the principal's absence.
(b) When, in the absence of the principal, the assistant principal (vice-principal) or any other designee acts in his/her place for a period of five or more consecutive school days, the assistant principal (vice-principal) or designee shall receive an allowance of 1/200 of the principal's allowance as calculated in article 8.1 effective on the fifth day and for every consecutive school day thereafter until the return of the principal.
8.3 In a school where both the principal and assistant principal (vice-principal) are absent, a teacher shall be designated by the Board to be acting principal and shall be paid an amount equivalent to 1/200 of 50 percent of the principal's allowance for each full day of absence.
8.4 Payment for administration shall commence on the effective date of appointment of the administrator.
8.5 In addition to the salary under article 4, there shall be paid the following allowances to designated personnel employed by the Board.
 |
September 1, 1999
|
September 1, 2000
|
| (a) Supervisors |
$8,584
|
$8,842
|
| (b) Coordinators |
$4,120
|
$4,243
|
8.6 In addition to the salary indicated elsewhere in this agreement, a teacher employed by the Board as a teacher on a Hutterite Colony, shall be paid an allowance of $700 with such allowance to be prorated if the teacher does not teach on the colony on either a full-time basis or for a complete school year.
8.7 It is the right of the Board to create and fill administrative and supervisory positions provided that said positions are limited to those set out in article 8.5 and other articles of the collective agreement.
8.8 A principal or assistant principal (vice-principal) who is transferred by the Board, without first voluntarily requesting a transfer, shall not be paid an administrative allowance that is less than they were receiving immediately previous to the transfer.
9. Article 9 - Substitute Teacher
9.1 A substitute teacher means a teacher employed on a day-to-day basis.
9.2 Effective September 1, 1999, the rate of pay for substitute teachers shall be $123 per diem including holiday pay. Effective September 1, 2000, the rate of pay for substitute teachers shall be $127 per diem including holiday pay. The 1/2 day rate shall be 50 percent of the full-day rate. Rate of pay for a teacher employed on a substitute basis who fills the same teaching position for more than five consecutive days shall be, effective the sixth consecutive teaching day, according to placement on the salary grid subject to the terms of this collective agreement.
(a) A substitute teacher employed in a teaching position for more than four consecutive school days and who accepts a contract of employment with the Board shall be paid effective the first day, according to his/her recognized placement on the salary schedule.
9.3 At the end of each school year, the Board shall supply to a substitute, upon that teacher's request, the number of substitute teacher days taught by the teacher during that school year.
10. Article 10 - Payment
10.1 The Board shall pay all the teachers monthly 1/12 of the salary in effect for that month as herein set forth and computed. For the purposes of this collective agreement, allowances shall be considered to be part of the salary.
10.2 Teachers under contract, except substitutes, shall be paid by the last banking Friday of the month with the exception of December and June when teachers shall be paid by the last teaching Friday.
10.3 All payments, except to substitute teachers, shall be made by direct deposit to the teacher's account based on information provided to the divisional office by the teacher.
11. Article 11 - Cumulative Sick Leave
11.1 In the first year of service with the Board, a teacher shall be entitled to 20 school days of sick leave at full salary. During the second and subsequent years of service, annual sick leave with full salary will be granted for 90 calendar days.
11.2 A teacher who is absent from school duties to obtain necessary medical or dental treatment or because of accident, disability or sickness shall continue to be entitled to the full number of sick leave days stipulated in article 11.1. Notwithstanding the above, after 20 school days of continuous absence in a teacher's first year of service, no further salary shall be paid. After 90 calendar days of continuous absence during a teacher's second or subsequent years of service, no further salary shall be paid and the provisions of ASEBP shall take effect. A teacher who, in his/her second or subsequent year of service returns to work after a continuous absence of 90 calendar days shall have his/her sick leave entitlement under article 11.1 reinstated.
11.3 When a teacher leaves the employ of the Board, all accumulated sick leave shall be cancelled except as provided in article 11.3.1.
11.3.1 Notwithstanding article 11.3, in the case of a teacher who has had previous service with the Board and re-enters its employ within 26 months of leaving and upon production of a medical certificate of good health, the sick leave accumulated, article 11.1, during the period of employment with the Board shall be reinstated to the credit of the teacher.
11.4 A teacher who is absent from school duties to obtain necessary medical or dental treatment or because of accident, disability or sickness for a period of four or more consecutive teaching days may be required to present a medical certificate within one month of commencing medical leave.
11.5 A teacher who is absent from school duties to obtain medical or dental treatment or because of accident, disability or sickness for a period of three consecutive teaching days or less, may be required to present a signed statement giving reasons for such absence.
11.6 A teacher may use up to three days of his/her sick leave per school year in order to care for his/her sick spouse, child or parent providing the other parent/step-parent is not available or is incapacitated.
12. Article 12 - Professional Leave
12.1 Professional leave shall mean leave of absence granted by the Board on application by a teacher for the following reasons:
(a) Study approved by the Board to upgrade a teacher's academic or professional status or for other reasons which are acceptable to the Board.
12.2 A teacher who is granted professional leave shall give an undertaking in writing to return to his/her teaching duties following expiration of his/her leave and shall not resign from teaching service, other than by mutual agreement between the Board and the teacher, for a period of at least two school years after resuming his/her duties. Should a teacher resign or retire from service of the Board before completing his/her two years service following such leave, repayment of leave salary shall be made to the Board on a prorata basis.
12.3 All applications for professional leave shall be submitted in writing to the Board by February 1 preceding the school year in which the professional leave is to commence.
12.4 The Board, after reviewing the application(s) for professional leave, may grant such professional leave. Those granted professional leave shall be so informed by March 15 preceding the school year in which the professional leave is to commence.
12.5 A teacher who is granted professional leave for a school year shall receive as salary $18,000 during the year of his/her professional leave, payable in a manner agreed upon by both parties. For a semester of professional leave, payment as salary shall be $9,000. A part-time teacher granted a professional leave shall receive the applicable salary herein on a prorata basis.
12.6 A teacher on professional leave shall be responsible for payment of benefit premiums.
12.7 Professional leave may be applied for after five years or during the fifth year of continuous service with the school board.
12.8 Resumption of duties shall be as per article 14.
13. Article 13 - Leave of Absence
13.1 With Full Pay
A teacher is entitled to temporary leave of absence with pay and such leave is deemed to be an authorized absence approved by the Board. Where such teacher is absent:
(a) For not more than five teaching days per school year, if necessary, because of the critical illness or death of any of the following legal relatives of the teacher or his/her spouse: spouse, child, parent, grandparent, grandchild, sister, brother, aunt, uncle, niece, nephew, sister-in-law, brother-in-law, daughter-in-law, son-in-law or other relative who is a member of the teacher's household.
Where critical illness is not followed by death within 30 days, the Board may require a medical certificate stating that critical illness was the reason for absence. Such medical certificate may be requested by the Board within 30 days of their being notified.
(b) For one teaching day per year in the event of the birth of the teacher's child or the adoption of a child by the teacher if the event occurs on a teaching day.
(c) For negotiating meetings where the Board, mediator or arbitrator calls a meeting during a teaching day.
(d) For those school days on which a teacher is unable to reach the school from his/her usual place of residence because of impassable roads, provided that the teacher contacts the school principal as soon as possible to advise the principal of their absence.
13.2 With Partial Pay
Temporary leave of absence with pay shall be granted to teachers as follows provided that an amount equivalent to the salary of a substitute as defined in article 9.2 is forthcoming to the Board through payroll deduction or payment from other sources.
(a) Personal leave for not more than six days in any school year shall be granted for attending to private concerns. Where possible, at least one days notice shall be given to the principal or in the case of a principal to the superintendent or his/her office. If personal leave is being used to extend a regularly scheduled holiday the principal of the school shall be given 30 days notice.
(b) To attend the Annual Representative Assembly of the Alberta Teachers' Association as an official delegate.
(c) Jury duty will be granted as leave with pay on the condition that any stipend received be turned over to the Board.
i) For jury duty or for attending for selection purposes or any summons related thereto.
ii) To answer a subpoena or summons to attend as a witness in any proceeding, authorized by law, compelling the attendance of the teacher, providing such is in accordance with the professional duties of the teacher.
iii) To respond to a subpoena or a notice to attend court in a criminal or civil matter that is not related to the personal affairs of the teacher.
iv) Provided that in i), ii) and iii), the teacher remits to the Board any witness fee or jury stipend, excluding allowances and/or expenses, set by the court or other body.
13.3 Maternity and Adoption Leave
Effective the first of the month following final signing of the collective agreement;
13.3.1 A teacher shall be entitled to maternity leave for a period not exceeding 18 weeks.
13.3.2 (a) The Board will implement a 95 percent supplementary unemployment benefits plan which each teacher shall access for pay for a period of 17 weeks of maternity leave.
(b) The teacher should apply for employment insurance benefits no later than five days after the commencement of the leave.
13.3.3 The Board shall pay its portion of each teacher's benefit plan premiums for the 17 week period. The remainder of the maternity leave, exclusive of the 17 week period, shall be without pay and Board contribution of premiums.
13.3.4 Each teacher shall endeavor to notify the Board verbally of her leave requirements three months in advance. However, she shall give the Board at least two weeks written notice of the day on which she intends to commence maternity leave.
13.3.5 In addition to the 18 week leave, each teacher may be eligible to apply for a further maternity related personal leave without pay and Board contribution to benefit premiums provided such is contiguous with the maternity leave. During this period, the teacher shall be eligible to maintain her benefit insurance coverage provided she pays 100 percent of the premiums directly to ASEBP and she receives ASEBP approval.
13.3.6 At least two weeks prior to the maternity-related personal leave commencing, each teacher shall endeavor to provide written notice to the Board of the date she plans on returning to work.
13.3.7 A teacher shall be entitled to adoption leave without pay or Board contribution to benefits. The teacher concerned shall apply for such leave at least 60 days prior to commencement of the leave. If matters arising from adoption procedures prevent such notice the leave shall not be denied.
13.3.8 Through the maintenance phase of this collective agreement a mutually agreed to SUB plan shall be implemented and attached to this collective agreement.
13.3.9 The 95 percent payment will be calculated based upon 1/200 of the teacher's salary for each day the teacher would have worked, providing that the total amount paid to the teacher is not greater than the amount the teacher would have received had she not been on leave.
13.3.10 Resumption of duties shall be as per article 14.
13.3.11 For pregnancy related absences commencing during the period starting 10 weeks prior to the date of delivery, the provisions of the sick leave article (article 11) shall not apply and the teacher shall access the SUB plan for salary and benefit continuance.
13.4 Other Leaves
Additional leaves of absence with or without pay and other benefits of this agreement may be granted to teachers upon request at the sole discretion of the Board.
13.5 Resumption of Duties
Resumption of duties shall be as per article 14.
14. Article 14 - Return to Duty
14. Teachers returning to duty from leave of one year or less or to full-time duty from part-time or job sharing arrangements of one year or less shall be placed in the position they held prior to the leave or arrangement or treated no less favorably than had they been actively teaching.
14.2 The teacher shall, in consultation with the superintendent, establish a date of return from leave at the time the leave is taken.
15. Article 15 - Transfers
15.1 All new positions will be posted in schools except during school holidays. Positions coming open during the school year may be filled internally or externally, but must be advertised before being filled permanently.
15.2 All transfers are subject to the provisions of section 85 of the School Act.
15.3 A teacher may appeal a transfer to the Board. A written appeal must be submitted to the Board within seven days. The Board may set a date and time for the hearing requested that is not earlier than 14 days after the teacher receives notice of the transfer unless the teacher agrees in writing to an earlier date.
15.4 Nothing in this article prevents a teacher from exercising his/her rights to an appeal of the transfer to the Board and the courts.
15.5 Transfer decisions are subject to the grievance procedures of this collective agreement.
15.6 No teacher shall normally be required to accept a transfer of more than 55 kms from the teacher's last school assignment.
15.7 When program changes eliminate the availability of a position within the 55 kms restriction, a teacher may be required to transfer further.
15.8 Subject to article 15.7, unless a teacher agrees, a teacher cannot be transferred more than 55 kms from the teacher's last school assignment within three calendar years of the last transfer.
15.9 All transfers will be done in a fair, just and reasonable manner.
16. Article 16 - Health and Welfare Plans
16.1 When enrolment and other requirements for group participation in various plans have been met, the Board will sponsor such plans to the portion agreed upon and such sponsorship shall not exceed that which is authorized or accepted by the benefit agency.
16.2 The Board shall effect and maintain:
(a) Alberta School Employee Benefit Plan (ASEBP)
- Extended Disability - Plan D
- Life, Accidental Death and Dismemberment, Schedule II
- Extended Health Care - Plan 1
- Dental Care - Plan 3
- Vision and Hearing Aid Care - Plan 3 (effective September 1, 2000)
(b) Alberta Health Care Insurance (AHC).
16.3 Subject to the provisions of the master policies and Alberta Health Care regulations, all eligible teachers shall participate in the Extended Disability, Plan D and the Life Insurance, Schedule II Plan and the Alberta Health Care Insurance Plan, as a condition of continued employment with the Board.
16.4 It is understood, however, that participation in the Extended Health Care, Plan 1, the Dental Care, Plan 3, and the Vision and Hearing Aid Care, Plan 3, is not a condition of continued employment with the Board.
16.5 The Board shall contribute towards the payment of the premiums for the plans specified in article 16.2 as per schedule B.
16.6 Part-time teachers, who are eligible, shall be paid in accordance with article 16.5 on a prorata basis.
16.7 It is understood that any teacher who becomes eligible to receive disability benefits as provided in the Alberta School Employee Benefit Plan will not be entitled to receive any salary from the Board while they are eligible to receive disability benefits.
16.8 It is understood that payments toward the aforementioned benefit plan shall permit the Board to retain and not pass on to teachers any rebates of premiums otherwise required under Employment Insurance Commission regulations.
17. Article 17 - Grievance Procedure
17.1 The following grievance procedure is in accordance with the requirements of the Labour Relations Code and provides for the peaceful settlement of any differences arising from the interpretation, application or operation of this collective agreement, including any questions as to whether the differences are arbitrable and shall be dealt with as follows:
17.2 Step 1 - Such differences (hereinafter called a grievance) shall first be submitted in writing to the secretary of the Local of the Association and the director of corporate services of the Board.
(a) Such written submission shall be made within 30 days from the date the grievant first had knowledge of the alleged violation.
(b) The submission shall set out the nature of the grievance, the articles of this collective agreement which are alleged to have been violated and the remedy sought.
17.3 Step 2 - In the event the grievance is not settled within 15 days from the date of the submission in accordance with Step 1, then within a further period of 15 days the grievance shall be referred in writing to the grievance committee or either party and/or their representatives may appear before the grievance committee to also present an oral and/or written submission.
(a) Such grievance committee shall consist of two representatives of the Alberta Teachers' Association and two representatives of the Board.
(b) This grievance committee shall meet and endeavor to resolve the grievance and shall render its decision within 15 days following receipt of the submission. A quorum of the committee shall consist of all members.
(c) If the majority of the grievance committee reaches a decision as to the disposition of the grievance, that decision shall be final and binding on both parties. A majority decision shall be the decision of three members of the grievance committee.
17.4 Step 3 - In the event the grievance committee does not meet within 15 days following receipt of the submission or in the event that the committee does not reach a majority or unanimous decision within the said time limitation, then either party may by written notice to the other party, require the establishment of an arbitration board as hereinafter provided.
(a) Such notice must be given within 10 days after the date the 15 day limitation in Step 3 expires.
(b) Concurrently with the notice by the party requiring the establishment of an arbitration board, the party shall name its nominee to the board and the recipient of the notice shall, within five days, inform the other party of its nominee to the board.
(c) The two nominees so appointed shall, within five days of the appointment of the second of them, appoint a third person, who shall be chairman of the arbitration board. In the event of failure to agree on the appointment of a chairman, any party may request the director of mediation services to make the necessary appointment.
17.5 The time limits set out for the processing of grievances shall be adhered to except in the case of mutual agreement, in writing, to alter the time limits. Failure of the grievor to act within the prescribed time limits shall cause the grievance to end. Additionally, failure of the Board to act within the prescribed time limits shall permit advancement of the grievance to the next step.
17.6 No matter may be submitted to arbitration which has not been properly carried through all the requisite steps of the grievance procedure.
17.7 Step 4 - The arbitration board shall hear and determine the grievance and shall issue an award in writing not later than 15 days after commencement of the hearings, provided that this time period may be extended by written consent of the parties.
(a) Such award shall be final and binding upon the parties and upon any employee affected by it.
(b) The decision of a majority of the arbitration board is the award of the board, but where there is no majority (or unanimity) the decision of the chairman governs and shall be deemed to be the award of the board.
(c) Each party to the grievance shall bear the expense of its respective nominee and the two parties shall bear in equal proportions the expense of the chairman.
(d) The arbitration board by its decision shall not alter, amend or change the terms of this collective agreement.
(e) All the aforesaid time limitations in the steps shall be exclusive of Saturdays, Sundays and other holidays and in the event that at any stage of the aforesaid procedures (except in respect of appointing persons to a board) a party fails to take the necessary action within the time limit specified, the grievance procedure shall be deemed to be at an end.
(f) Any of the aforesaid time limits may be extended at any stage by mutual consent of the parties.
18. Article 18 - General
18.1 The parties hereby recognize that, basic to the proper management and administration of a school system, it is the Board's right and responsibility to formulate and adopt policies and regulations.
18.2 The Board shall provide each teacher in its employ with a copy of the collective agreement and a copy of the Alberta School Employee Benefit Plan explanatory booklet. A copy of the Board's current policy handbook shall be placed in each staff room.
18.3 When school is closed for all students due to health reasons, inclement weather, physical plant breakdowns, teachers will not be required to attend school.
18.4 Staff deployment and administrative time shall be the responsibility of the superintendent in consultation with the school principal. It is the responsibility of the school principal to consult with his/her staff.
18.5 All educational services presently provided by members of the bargaining unit as part of their regular duties shall continue to be performed only by members of the bargaining unit.
18.6 Any teacher employed on a full-time (1.0 FTE) continuous contract as of September 1, 1996 who agrees to employment on a part-time contract shall be given a part-time continuing contract for an agreed upon period and notwithstanding section 84(2) of the School Act, that contract shall be for a specified portion of a full-time equivalent which shall not be varied except by consent.
18.7 Effective September 1, 1996, each site shall have a designated on site administrator.
18.8 The Board shall pay to any teacher required to teach in more than one school a per kilometre allowance when the distance travelled between the schools exceeds four kilometres. The allowance payable shall be as established by the Board from time to time and shall be equivalent to the basic per kilometre allowance established for central office personnel.
18.9 The Board agrees to implement a deferred salary leave plan as approved by Revenue Canada and as attached as an appendix to this collective agreement and as available at the central office and at each school.
18.10 This collective agreement shall enure to the benefit of and be binding upon the parties and their successors.
18.11 All previous collective agreements between or affecting the parties are hereby cancelled.
18.12 Nothing herein contained shall reduce the salary of a teacher below the amount payable immediately prior to the effective date of this collective agreement.
18.13 Article 18.12 shall be suspended until this agreement expires.
Schedule A - Teachers' Salary Grid
Livingstone Range School Division No 68
Effective September 1, 1999
| Years of teaching experience |
Years of University Education
|
|
One
|
Two
|
Three
|
Four
|
Five
|
Six
|
| 0 |
22,425
|
24,582
|
27,963
|
33,993
|
36,027
|
38,278
|
| 1 |
23,541
|
25,914
|
29,422
|
36,104
|
38,142
|
40,396
|
| 2 |
24,657
|
27,246
|
30,881
|
38,215
|
40,257
|
42,514
|
| 3 |
25,773
|
28,578
|
32,340
|
40,326
|
42,372
|
44,632
|
| 4 |
26,889
|
29,910
|
33,799
|
42,437
|
44,487
|
46,750
|
| 5 |
28,005
|
31,242
|
35,258
|
44,548
|
46,602
|
48,868
|
| 6 |
29,121
|
32,574
|
36,717
|
46,659
|
48,717
|
50,986
|
| 7 |
30,237
|
33,906
|
38,176
|
48,770
|
50,832
|
53,104
|
| 8 |
31,353
|
35,238
|
39,635
|
50,881
|
52,947
|
55,222
|
| 9 |
32,469
|
36,570
|
41,094
|
52,992
|
55,062
|
57,340
|
| 10 |
33,585
|
37,902
|
42,553
|
55,103
|
57,177
|
59,458
|
| 11 |
33,585
|
37,902
|
42,553
|
57,214
|
59,292
|
61,576
|
| Increments |
1,116x10
|
1,332x10
|
1,459x10
|
2,111x11
|
2,115x11
|
2,118x11
|
Effective September 1, 2000
| Years of teaching experience |
Years of University Education
|
|
One
|
Two
|
Three
|
Four
|
Five
|
Six
|
| 0 |
23,093
|
25,319
|
28,800
|
35,005
|
37,102
|
39,432
|
| 1 |
24,243
|
26,691
|
30,303
|
37,180
|
39,281
|
41,613
|
| 2 |
25,393
|
28,063
|
31,806
|
39,355
|
41,460
|
43,794
|
| 3 |
26,543
|
29,435
|
33,309
|
41,530
|
43,639
|
45,975
|
| 4 |
27,693
|
30,807
|
34,812
|
43,705
|
45,818
|
48,156
|
| 5 |
28,843
|
32,179
|
36,315
|
45,880
|
47,997
|
50,337
|
| 6 |
29,993
|
33,551
|
37,818
|
48,055
|
50,176
|
52,518
|
| 7 |
31,143
|
34,923
|
39,321
|
50,230
|
52,355
|
54,699
|
| 8 |
32,293
|
36,295
|
40,824
|
52,405
|
54,534
|
56,880
|
| 9 |
33,443
|
37,667
|
42,327
|
54,580
|
56,713
|
59,061
|
| 10 |
34,593
|
39,039
|
43,830
|
56,755
|
58,892
|
61,242
|
| 11 |
34,593
|
39,039
|
43,830
|
58,930
|
61,071
|
63,423
|
| Increments |
1,150x10
|
1,372x10
|
1,503x10
|
2,175x11
|
2,179x11
|
2,181x11
|
Schedule B
For teachers teaching in schools within the Livingstone Range School Division No 68, the Board shall contribute towards the payment of the premiums for the plans specified in article 16.2 at the rate of 85 percent of the premium per teacher except for leaves identified in article 12 which exceed 30 calendar days or where stated elsewhere in this agreement or when the teacher becomes eligible to receive disability benefits.
--ASEBP Extended Health Care, Plan 1 - 85 percent of each participating teacher's premium.
--ASEBP Dental Care, Plan 3 - 85 percent of each participating teacher's premium.
--ASEBP Extended Disability, Plan D - 85 percent of each participating teacher's premium.
--ASEBP Life, Accidental Death & Dismemberment, Schedule II - 85 percent of each participating teacher's premium.
--ASEBP Vision and Hearing Aid Care, Plan 3 - Effective September 1, 2000, 85 percent of each participating teacher's premium.
--Alberta Health Care Insurance - 85 percent of each participating teacher's premium.
Letter of Intent
This letter of intent confirms the Board's intent to establish a joint committee to study the issue of preparation time. The committee will receive as information the timetable of each teacher in the school division. The committee will report its findings and make recommendations to the Bard and ATA Local by March 15, 2000.
Letter of Intent
This letter of intent confirms the Board's intent to establish a joint committee to study the issue of part-time teachers. The committee will receive information about the number of part-time teachers per year since September of 1995 and their corresponding FTE's. The committee will report its findings and make recommendations to the Board and ATA Local by March 15, 2000.
DEFERRED SALARY LEAVE PLAN
Livingstone Range School Division No 68
and
Local No 14 of the Alberta Teachers' Association
Effective September 1, 1995
Contents
| Sample Agreement |
Page 1 |
| Schedule I - Deferred Salary Leave Plan |
Page 2 |
| 1. Definitions |
Page 2 |
| 2. Application |
Page 3 |
| 3. Funding for Leave of Absence |
Page 3 |
| 4. Taking of Leave of Absence |
Page 5 |
| 5. Fringe Benefits |
Page 6 |
| 6. Withdrawal |
Page 6 |
| 7. Suspension from Participation in the Plan |
Page 7 |
| 8. Termination or Amendment of Plan |
Page 7 |
| Schedule II - Individual Teacher Application |
Page 8 |
| Sample Ancillary Agreement |
Page 10 |
THIS AGREEMENT made the 13 day of October, 1998.
BETWEEN:
BOARD OF TRUSTEES OF THE LIVINSTONE RANGE SCHOOL DIVISION NO 68, being a Board of Trustees duly constituted under the Alberta School Act,
(hereinafter called the "Board")
PARTY OF THE FIRST PART
AND
THE ALBERTA TEACHERS' ASSOCIATION
(hereinafter called the "Association")
PARTY OF THE SECOND PART
WHEREAS the Board and the Association wish to establish a plan whereby teachers employed by the Board have the opportunity of taking a one-year leave of absence on a deferred compensation basis.
NOW, THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises the parties agree to institute the plan described in Schedule I hereto, whereby an employee may take a leave of absence on a deferred compensation basis on the terms and conditions described in the plan.
IN WITNESS WHEREOF this Agreement has been executed by the parties hereto as of the day and year first above written.
On behalf of the Board of Trustees of the Livingstone Range School Division No 68
On behalf of the Livingstone Range Local No 14, the Alberta Teachers Association
On behalf of the Alberta Teachers' Association
Coordinator of Teacher Welfare
Date
SCHEDULE I
DEFERRED SALARY LEAVE PLAN
1. DEFINITIONS
"Accrued Interest" in respect of a taxation year means the amount of interest earned in accordance with clause 3.3 on the monies retained by the Board on behalf of the participant calculated from:
(a) the first date any of such monies have been so retained by the Board, or
(b) the first day of the taxation year.
"Association" means the party of the second part referred to in the agreement to which the plan is a schedule.
"Board" means the party of the first part referred to in the agreement to which this plan is a schedule.
"Collective Agreement" means the agreement in force between the Association and the Board pursuant to the applicable section of the Alberta Labour Relations Code.
"Committee" means a committee as defined by agreement between the Association and the Board.
"Current Compensation Amount" means the total compensation payable by the Board to the Participant for the school year, including his/her proper grid salary and all allowances, per the Collective Agreement.
"Deferral Period" shall be the number of years for which compensation is deferred in accordance with clause 3.1, including the years referred to in clauses 4.4 and 4.5, if applicable.
"Deferred Compensation Amount" means the portion of the current compensation amount which is retained by the Board for a participant in each year in accordance with clause 3.1 and augmented from time to time by interest thereon calculated in accordance with clause 3.3 but less all interest paid to the participant in accordance with clause 3.4.
"Eligible Investor" means any Canadian chartered bank or trust company authorized to carry on business in the province of Alberta and who maintains Canada Deposit Insurance and any credit union authorized to carry on business in the province of Alberta or the Treasury Branches of Alberta.
"Eligible Teacher" means a teacher as defined by agreement between the Association and the Board.
"Leave of Absence" means the period of time described in clause 4.1.
"Memorandum of Agreement" means the agreement described in Schedule II.
"Participant" means an eligible teacher who has completed a Memorandum of Agreement (Schedule II) and whose application for participation in the plan has been approved by the Board in accordance with clause 2.3.
"Plan" means the plan set out in this schedule and includes all amendments thereto.
"Regulations" means the regulations under the Income Tax Act (Canada).
"Taxation Year" means the calendar year.
2. APPLICATION
Formal Application
2.1 In order to participate in the plan, an eligible teacher must make written application by way of Schedule "II" to the superintendent of schools on or before March 31 or at a date otherwise agreed between the Board and the Association, stating the date when the eligible teacher wishes to participate in the plan and the school year in which the leave of absence is to be taken.
Approval
2.2 The approval of each application made under clause 2.1 shall rest solely with the Board. The superintendent of schools shall, by May 15 of that year or at a date otherwise agreed between the Board and the Association, advise each applicant of the Board's approval or disapproval of his/her application and if the latter, an explanation therefore.
Date of Participation
2.3 If the Board gives its approval in accordance with clause 2.2, the participation of the eligible teacher in the plan will become effective on the date requested by the eligible teacher or if such date is not agreed to by the Board, then on a date which is agreed to by the Board and the eligible teacher.
3. FUNDING FOR LEAVE OF ABSENCE
Funding for the Leave of Absence shall be as follows:
Compensation Deferred
3.1 During each school year prior to the leave of absence, the participant, for a maximum of five school years will receive his/her current compensation amount, less the percentage amount which the participant has specified in the Memorandum of Agreement for the school year in question which is to be retained by the Board. Such percentage amount will be retained by the Board and be invested in accordance with clause 3.3.
Maximum Percentage Deferred
3.2 The percentage of the current compensation amount deferred by the participant cannot exceed the percentage amount obtained when 100 percent is divided by the number of years the participant states he/she will participate in the plan, including the leave of absence year. Notwithstanding the preceding, the maximum deferred in any one taxation year shall not exceed 33 1/3 percent of the portion of the Current compensation amount received by the participant in that taxation year. This formula applies even if the leave of absence is deferred under clauses 4.4 and 4.5.
Investment of Deferred Compensation
3.3 The monies retained by the Board for each participant, in accordance with clause 3.1, including interest thereon (until paid out in accordance with clause 3.4) shall be pooled and shall be invested and reinvested by the Board in investments offered from time to time by an eligible investor. The committee shall choose such eligible investor and in making such determination the Board, the Association and members of the committee shall not be liable to any participant for any investments made which are authorized by this clause.
Non-Liability of Board, Association and Committee
3.3.1 The Board, the Association and members of the committee shall not be liable to any participant or participants for the acts or defaults of each other or for any error in judgment or for any act of omission or commission in the administration or management of the monies retained, provided such monies have been invested in an institution authorized by the provision of this clause. The Board, the Association and members of the committee shall not be liable to any participant or participants for any loss suffered in respect to any investment or investments of the monies retained, whether complete loss or partial loss, either direct loss or indirect loss, provided the investment or investments were made in an institution authorized by the provisions of this clause.
Payment of Accrued Interest
3.4 On December 31 of each taxation year during the deferral period, the Board shall pay to the participant the accrued interest in respect of that taxation year as specified in clause 6 of the Memorandum of Agreement. The participant hereby irrevocably directs the Board to cause the eligible investor chosen by the committee in accordance with clause 3.3 to make such payment on his/her behalf into an account of the participant with the eligible investor.
Reporting to Participants
3.5 The treasurer shall make an annual report to each participant as to the amount of deferred salary retained by the Board for such participant, including any interest earned thereon which has been paid out in accordance with clause 3.4. The annual report shall be made no later than July 31 of each year while the participant participates in the plan.
Administrative Expenses
3.6 Issues regarding payment of administrative expenses shall be governed by a separate agreement between the Board and the Association.
4. TAKING OF LEAVE OF ABSENCE
The taking of a leave of absence shall be governed by the following provisions:
Qualification to Participate
4.1 The leave of absence shall occur according to, and be governed by, the collective agreement then in force between the Board and the Association. In no case shall the leave of Absence be for a period of less than six months and each participant shall return to employment for a period of time at least equal to the period of the leave of absence.
Manner of Payment During Leave
4.2 The manner of payment to the participant during the leave of absence shall be in instalments commencing September 30, being approximately equal to 1/12 of the monies held by the Board for the participant in accordance with clause 3.1 as determined at the beginning of the leave of absence, unless otherwise directed by the participant prior to September 1 of the leave of absence. In no event shall payment be made more frequently than monthly.
Amount of Payment During Leave
4.3 The salary to be paid to a participant during a leave of absence shall be related to the monies retained by the Board in accordance with clause 3.1 for such participant, but less any deductions made by the Board under clause 5.1 and any monies required by law to be paid by the Board for or on behalf of a participant. During the period of leave, a participant may not receive any salary or wages from the Board or any other person or partnership with whom the employer does not deal at arm's length except as provided in clause 6801(a)(iii)(A) or (B) of the regulations.
Board's Right to Defer Leave
4.4 If the Board is unable to obtain a suitable replacement for a participant for the period of a leave of absence specified by the participant, the Board may in its discretion, defer the leave of absence on one occasion for one school year. In such case, the participant may choose to remain in the plan or he/she may withdraw from the plan, in which case the Board shall pay to the participant the deferred compensation amount in one lump sum payment within 60 days of such withdrawal. In no circumstances shall a postponement extend the deferral period beyond six years.
Participant's Right to Defer Leave
4.5 Notwithstanding the date shown in paragraph 2 of the Memorandum of Agreement for a requested leave of absence, a participant may, on one occasion only, with the consent of the Board given not less than six months prior to the scheduled date, postpone such leave for one year. In no circumstances shall a postponement extend the deferral period beyond six years.
Year's Leave of Absence
4.6 The year's leave of absence shall immediately follow the deferral period.
Position on Return
4.7 On return from his/her leave of absence, the participant will be assigned to a position with the Board as required by the terms of the agreement then in force between the Board and the Association governing such matter.
Salary & Benefits After Leave
4.8 After participation in the plan, the participant's salary and benefits will be as set out in the collective agreement then in force between the Board and the Association governing the matter.
5. FRINGE BENEFITS
The providing of fringe benefits will be as follows:
Payment
5.1 During a leave of absence, the responsibility for payment of premiums for fringe benefits for a participant shall be as set forth in the collective agreement then in force between the Board and the Association. Where a participant is obligated to pay the cost of any fringe benefit during the leave of absence, the Board shall pay such cost on behalf of the participant on his/her request and deduct the monies so paid from the monies otherwise payable to the participant during the leave of absence.
6. WITHDRAWAL
Upon Termination of Employment
6.1 A participant who ceases to be employed by the Board must withdraw from the plan. Within 60 days the Board shall pay to the participant the deferred compensation amount as provided in clause 4.4.
Consent Required
6.2 In extenuating circumstances, such as financial hardship, and with the consent of the Board, a participant may withdraw from the plan at any time prior to March 31 in the year in which the leave of absence is scheduled to occur. Within 60 days of such withdrawal the Board shall pay to the participant the deferred compensation amount as provided in clause 4.4.
Upon Death
6.3 Should a participant die the Board shall within 30 days of notification of such death to the Board pay the deferred compensation amount to the participant's estate, subject to the Board receiving any necessary clearances and proofs normally required for payment to estates.
Balance
6.4 In any event, the Board shall pay to the participant the deferred compensation amount or any remaining balance thereof on or before December 31 of the first taxation year commencing after the end of the deferral period.
7. SUSPENSION FROM PARTICIPATION IN THE PLAN
Notice to Suspend
7.1 A participant may on one occasion while he/she is participating in the plan give notice to the Board stating that the participant wishes to suspend his/her participation in the plan for a period of one year as at September 1 which immediately follows such notice, in which case the Board shall pay the current compensation amount to the participant as if he/she were not participating in the plan for such year, but the amounts previously retained by the Board and interest thereon in accordance with clause 3.3 (but less all interest paid to the participant in accordance with clause 3.4) shall, subject to clause 6.4, continue to be held by the Board until the participant withdraws from the plan or takes a leave of absence.
Reinstatement
7.2 If a participant has given notice in accordance with clause 7.1, the participant's participation in the plan shall be reinstated commencing on September 1 which immediately follows the year in which his/her participation has been suspended.
8. TERMINATION OR AMENDMENT OF PLAN
By Agreement
8.1 The plan may be amended or terminated by agreement between the Board and the Association. Any amendment(s) shall be binding upon all present and future participants.
Not to Prejudice Ruling
8.2 No amendment shall be made to the plan which will prejudice any tax ruling which is applicable to the plan prior to the amendment.
SCHEDULE II
DEFERRED SALARY LEAVE PLAN MEMORANDUM OF AGREEMENT
I have read the terms and conditions of the agreement between the Board of Trustees of the Livingstone Range SD No 68 and the Alberta Teachers' Association setting up the Deferred Salary Leave Plan (the "Plan") and understand same and I agree to participate in the Plan under the following terms and conditions. All capitalized terms have the same meaning as in the Plan.
1. PURPOSE
The main purpose of my enrolment in the Plan is to permit me to fund a Leave of Absence, and not to provide me with benefits on or after retirement.
2. ENROLMENT DATE
My enrolment in the Plan shall become effective for the school year commencing
3. NUMBER OF YEARS OF PARTICIPATION
I shall participate in the Plan for school years and my Leave of Absence shall immediately follow thereafter, subject to the provisions of paragraph 4 below.
4. YEAR OF LEAVE
In accordance with clause 4.6, I shall take my Leave of Absence during the 19 / school year but I shall have the right in accordance with clause 4.5 to postpone such leave for one school year and the Board shall have the right to defer such leave for one school year in accordance with clause 4.4.
5. FUNDING OF LEAVE OF ABSENCE
In accordance with clause 3.1, I direct that the percentage amounts as set out in this clause be withheld from the Current Compensation Amount with respect to my participation in the Plan for the following school years:
| First Year |
%
|
|
Fourth Year |
%
|
| Second Year |
%
|
|
Fifth Year |
%
|
| Third Year |
%
|
OR
|
For All Years |
%
|
In accordance with clause 3.2, the maximum percentage of Current Compensation Amount deferred in any one year cannot exceed 100 percent divided by the number of years in the Plan including the Leave of Absence year, without taking into account any deferral under clauses 4.4 and 4.5.
Two Years - Maximum 33 1/3%
Three Years - Maximum 33 1/3%
Four Years - Maximum 25%
Five Years - Maximum 20%
I may by written notice to the Board given prior to September 1 in any given year alter the percentage amounts for that or any subsequent year.
(Note: To be completed for the school year up to the school year in which the Leave of Absence specified in paragraph 4 above is to commence.)
6. PAYMENT OF ACCRUED INTEREST
I direct the Board to pay Accrued Interest to me on each of the following dates:
i) the December 31 which occurs at the end of the Taxation Year in which I have become a Participant;
ii) each December 31 occurring after the date specified in clause i) above; and
iii) the last day of the Leave of Absence or when the Board makes a payment under clause 4.4, 6.1, 6.2, 6.3 or 6.4.
Date: , 19
Participant's Signature
Address
AGREED TO BY THE BOARD
Date: , 19
Treasurer
***************
In order to make the election, the Participant is to initial, and if initialled such election shall be deemed to have been made. The effect of the election is that so long as paragraph 6 applies, the Participant will receive Accrued Interest annually rather than every three years.
THIS ANCILLARY AGREEMENT made the 13 day of October, 1998.
BETWEEN:
THE BOARD OF TRUSTEES OF THE LIVINGSTONE RANGE SCHOOL DIVISION NO 68, being a Board of School Trustees duly constituted under the Alberta School Act,
(hereinafter called "the Board")
PARTY OF THE FIRST PART
AND:
THE ALBERTA TEACHERS' ASSOCIATION
(hereinafter called "the Association")
PARTY OF THE SECOND PART
The Board and the Association agree that for the interpretation of the agreement on a deferred compensation plan:
(i) The word "committee" means a committee of members comprised of members appointed by the Board and
members appointed by the Association.
(ii) The words "administrative expenses" mean internal costs normally incurred by the Board and not external charges such as may be incurred for the administration of the investment component of the plan or for consultation, advice, or audit.
(iii) The words "Alberta School Act" mean the "School Act" and all amendments or succeeding statute(s).
(iv) For the purpose of clause 3.2 investment will be made with the Bank and in accordance with clause 3.4 the secretary treasurer will make the annual reports to each participant as soon as possible after reports have been received from the Bank.
(v) For the purpose of clause 2.2 and clause 4.4, it is understood that the total number of teachers on leave of absence in any one year under the leave of absence and deferred salary leave plan shall not exceed percent of the number of full-time equivalent teachers on staff.
(vi) On return from leave (4.7, Schedule I), a teacher will be assigned to a position with the Board in accordance with the following priorities:
(a) the same position previously vacated by the teacher,
(b) a position similar to that previously vacated by the teacher, or
(c) a position for which the teacher is qualified in accordance with his/her training and/or experience.
However, notwithstanding the above, a teacher on leave will not have any advantage or disadvantage in the event that a staff reduction or program change has become necessary in a particular school.
(vii) Sick leave credits will not be accumulated during the year spent on leave.
(viii) It is understood that no increments will be earned by a Participant during the period of leave unless the leave time is used in such a manner that increments would normally be granted as determined in the Association/Board collective agreement.
(ix) A teacher's benefits will be maintained by the Board during his/her leave of absence, provided the teacher requests such in writing months prior to date of leave. The teacher shall pay to the Board the full cost of any benefit premiums paid on his/her behalf unless otherwise agreed to by the Board.
IN WITNESS WHEREOF this agreement has been executed by the parties hereto of the day and year first written above.
On behalf of the Board of Trustees of the Livingstone Range School Division No 68
On behalf of the Livingstone Range Local No 14, the Alberta Teachers Association
On behalf of the Alberta Teachers' Association
Coordinator of Teacher Welfare
Date
