The Alberta Teachers’ Association

Collective agreement made this 9th day of October 2018 between St Albert Public School District #5565 (hereinafter called “School Jurisdiction”) and the Alberta Teachers’ Association (hereinafter called “Association”).

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

1.            APPLICATION/SCOPE

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

1.1.1      All teachers covered by this Agreement shall be members of the Association.

1.2          Excluded Positions: specifically exempt from the provisions of this Agreement are the Superintendent, Deputy Superintendent, the Associate Superintendents, and Directors.

1.3          The Association is the bargaining agent for each bargaining unit and:

1.3.1      has exclusive authority to bargain collectively with TEBA on behalf of all the teachers in the bargaining units and to bind the teachers in any collective agreement with respect to central terms; and

1.3.2      has exclusive authority to bargain collectively with each School Jurisdiction on behalf of the teachers in each bargaining unit with respect to local terms, and to bind the teachers by a collective agreement.

1.4          St Albert Public School Jurisdiction retains all management rights, unless otherwise provided by the expressed terms of this Agreement.

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

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

1.7          This collective agreement shall enure to the benefit of and be binding upon the parties and their successors.

2.            TERM

2.1          The term of this collective agreement is September 1, 2016 to August 31, 2018. Unless stated otherwise, this collective agreement shall continue in full force and effect through August 31, 2018.

2.2          List Bargaining

2.2.1      Negotiations regarding the list of central and local matters must commence not less than 6 months and not more than 8 months before the expiry of the then existing collective agreement and shall be initiated by a written notice from the Association or TEBA to the other.

2.2.2      If agreement is not reached, the matter shall be determined by arbitration under PECBA.

2.3          Central Matters Bargaining

2.3.1      Either TEBA or the Association may, by written notice to the other, require the other to begin negotiations. Notwithstanding section 59(2) of the Labour Relations Code, a notice to commence central bargaining by TEBA or the Association must be served not less than 15 days and not more than 30 days after the central matters and local matters have been determined.

2.3.2      A notice referred to in subsection 2.3.1 is deemed to be a notice to commence collective bargaining referred to in section 59(1) of the Labour Relations Code.

2.4          Local Bargaining

2.4.1      Notwithstanding section 59(2) of the Labour Relations Code, a notice to commence local bargaining by a School Jurisdiction or the Association must be served after, but not more than 60 days after, the collective agreement referred to in section 11(4) of PECBA has been ratified or the central terms have otherwise been settled.

2.4.2      A notice referred to in subsection 2.4.1 is deemed to be a notice to commence collective bargaining referred to in section 59(1) of the Labour Relations Code.

2.5          Bridging

2.5.1      Notwithstanding section 130 of the Labour Relations Code, when a notice to commence central bargaining has been served, a collective agreement in effect between the parties at the time of service of the notice is deemed to continue to apply to the parties, notwithstanding any termination date in the agreement, until

a)   a new collective agreement is concluded, or
b)   a strike or lockout commences under Division 13 of Part 2 of the Labour Relations Code during local bargaining.

2.5.2      If a strike or lockout commences during central bargaining, the deemed continuation of the collective agreement is suspended until an agreement with respect to central terms is ratified under section 11(4) of PECBA or the central terms have otherwise been settled.

2.6          Meet and Exchange

2.6.1      For central table bargaining, representatives of the Association and TEBA shall meet and commence collective bargaining not more than 30 days after notice is given. At the first meeting, the Association and TEBA shall exchange details of all amendments sought.

2.6.2      For local table bargaining, representatives of the Association and a School Jurisdiction shall meet and commence collective bargaining not more than 30 days after notice is given. At the first meeting, the Association and School Jurisdiction shall exchange details of all amendments sought.

2.7          Opening with Mutual Agreement

2.7.1      The Association and TEBA may at any time by mutual agreement negotiate revisions to the central matters contained in this agreement.  Any such revisions shall become effective from such date as shall be mutually agreed upon by the Association and TEBA.

2.7.2      The Association and the School Jurisdiction may at any time by mutual agreement negotiate revisions to the local matters contained in this collective agreement.  Any such revisions shall become effective from the date mutually agreed upon by the parties.

2.8          Provision of Information

2.8.1      As the Association is the bargaining agent for the teachers employed by each School Jurisdiction, each School Jurisdiction shall provide to the Association at least once each year no later than October 31, a list of its teachers who are members of the Association including the name, certificate number, home address, home phone number and the name of their school or other location where employed.

2.8.2      Each School Jurisdiction shall provide the following information to the Association and to TEBA annually:

a)            Teacher distribution by salary grid category and step as of September 30;
b)            Health Spending Account (HSA)/Wellness Spending Account (WSA)/Registered Retirement Savings Plan (RRSP) utilization rates;
c)            Most recent School Jurisdiction financial statement;
d)            Total benefit premium cost;
e)            Total substitute teacher cost; and
f)             Total allowances costs.

3.            SALARY

3.1          Salary Pay Date/Schedule

3.1.1      All salaries and allowances mentioned herein are “per annum” unless specifically stated otherwise.

3.1.2      The School Jurisdiction shall cause to be paid to each teacher on contract for a full school year his/her salary in equal amounts of 1/12th of his/her annual salary on the day prior to the last teaching day of each month from September to June inclusive, on the last business day for the month of July, and for the month of August, on the last business day or on the last business day before the first operational day of the next school year, whichever occurs first.

3.1.3      The School Jurisdiction shall pay Substitute Teachers on, or before the tenth (10th) day of each month from September to July. The School Jurisdiction shall pay Summer School teachers on or before the tenth (10th) day of August.

3.1.4      Payment of the allowance for administration shall commence on the effective date of appointment and terminate on the last day of such appointment.

3.2          Grid

3.2.1      The number of years of teacher education and the years of teaching experience, computed according to the collective agreement, shall together determine the annual salary rate for each teacher employed by the School Jurisdiction.

3.3          Education

3.3.1      The evaluation of a teacher’s education for salary purposes shall be determined by a Statement of Qualifications issued by the Alberta Teachers’ Association Teacher Qualifications Service in accordance with the policies and principles approved by the Teacher Salary Qualifications Board established by Memorandum of Agreement among the Department of Education, the Association and the Alberta School Trustees’ Association, dated March 23, 1967.

3.3.2      The adjustment dates for changes in the annual rate of salary resulting from improved teacher education shall be September 1, January 1, May 1 or the starting date of employment, subject to clause 3.3.3.

3.3.3      Each teacher shall be responsible for submitting to the Superintendent written proof of application to the Teacher Qualifications Service for evaluation of increased teacher education not later than thirty (30) days from September 1, January 1, May  1, or the starting date of employment.

3.3.4      A teacher shall be placed on the salary schedule according to the most recent acceptable statement of qualifications, or according to the minimum educational requirements for his/her teaching certificate, until the teacher submits to the Superintendent the Statement from the Teacher Qualifications Service attesting to increased teacher education.

3.3.5      If a teacher does not submit written proof of application in accordance with clause 3.3.3, the School Jurisdiction shall adjust the salary effective the first of the month following the month the Statement from the Teacher Qualifications Service is submitted to the Superintendent.

3.3.6      No payment shall be made for teacher education or any other education allowance which should have been claimed in previous school years.

3.4          Experience

                Subject to the terms of this Agreement, every teacher under contract with the School Jurisdiction who is not on maximum salary for their category of teacher education according to clause 3.2 shall receive an experience increment following each year of service with the School Jurisdiction.  Adjustments for teacher experience shall be effective at the commencement of the school year or February 1 of each year.

3.4.1      Teachers shall gain experience while holding a valid Alberta teaching certificate or its equivalent, and working while:

a)            under contract in a position that requires a teaching certificate as a condition of employment, excluding leaves of absence without salary and vacation periods; and

b)            employed as a substitute teacher within the preceding five (5) years.

3.4.2      A teacher shall be granted only one (1) experience increment during any one (1) school year. 

3.4.3      Previously unrecognized experience gained in one school year with a School Jurisdiction may be carried over for calculation of experience increments in the following school year with that same School Jurisdiction.

3.4.4      These provisions take effect on September 1, 2017 and shall not be applied retroactively other than to permit unrecognized experience gained in the 2016-17 school year with a School Jurisdiction being carried over for calculation of experience increments in the 2017-18 school year with that same School Jurisdiction.

3.4.5      A year of teaching experience is earned when a teacher under contract with the School Jurisdiction has received salary for at least one hundred and twenty (120) equivalent full days during a school year or a period of up to three (3) consecutive school years, whichever occurs first.

3.5          Special Considerations: CTS Teachers

3.5.1      For teachers who are graduates of a Bachelor of Education program in vocational or business education and who teach in their specialities, one half (1/2) of the associated vocational experience as one actively employed as a Journeyman or business experience obtained by a teacher prior to engagement by the School Jurisdiction may be counted as teaching experience as adjudged by the Superintendent subject to appeal by the teacher to the Interpretation and Review Committee.

3.5.2      Effective November 8, 2017, a teacher who teaches any Career and Technology Studies courses and is required, by the School Jurisdiction as a condition of employment, to hold a journeyman’s certificate, that has not been recognized under article 3.3.1 shall be granted one year of teacher education for such qualifications.

3.6          Other Rates of Pay

3.6.1      The School Jurisdiction may offer employment to a teacher for special projects related to teaching at the per hour rate specified in clause 3.6.2 as well as the relevant administrative allowances when applicable.  Special projects require mutual agreement and exclude assigned teacher duties as described in clause 5.3 of this agreement and those teaching and administrative duties related to school programs and operations.

3.6.2      Evening, Saturday and Summer School

3.6.2.1   A teacher employed on an hourly basis to provide instruction at the   School Jurisdiction’s Evening, Saturday and Summer School shall be paid at the rate of $63.46 per hour inclusive of holiday and vacation pay, with no benefit costs to the School Jurisdiction excepting Employment Insurance and Canada Pension Plan.

3.6.2.2   The School Jurisdiction shall advertise for summer school teachers, and afford consideration to internal candidates, but shall have sole discretion in determining the best applicant for the positions.

3.7          Other Allowances:

3.7.1      Travelling Allowance: Where teachers are required and have received prior authorization to use their vehicles when representing the district they shall be eligible for travel allowance in accordance with School Jurisdiction policy.

4.            ADMINISTRATOR ALLOWANCES AND CONDITIONS OF PRACTICE

4.1          Creation of New Designations 

In the event that the School Jurisdiction creates a new position falling within the jurisdiction of this collective agreement, salaries and allowances for that position shall be arrived at by consultation with representatives of the Teacher Welfare Committee of the Alberta Teachers’ Association Local No. 73.

In addition to the foregoing salary, Administrative allowances shall be paid in accordance with the following schedule:

4.2          Administration Allowances:

4.2.1      Principals and Assistant Principals

Principals’ allowance =$22,765 + $18.97 x (P-300), maximum $34,880.

For the purpose of this clause “P” shall be defined as the number of full-time equivalent students enrolled in school on September 30th of that school year with ECS students weighted as .5 FTE and all other students weighted as 1.0 FTE.  Assistant principals shall receive an amount equal to fifty-five (55%) percent of the principal’s allowance.  The School Jurisdiction may, where a vacancy for a principal occurs, appoint an acting principal who shall receive all the benefits accrued to a principal under this collective agreement while acting in that capacity.

4.2.1.1   Effective September 1, 2017, the Outreach Principal’s allowance will be $16, 468.

4.2.1.2   Effective September 1, 2017, the Preschool Principal’s will be $16, 468.

4.2.2      Supervisory and Consultative Personnel

4.2.2.1   Supervisors of Education - Twenty-five (25%) percent of fourth year maximum as in clause 3.2. Incumbents in this position shall not take more than six (6) weeks’ vacation during the July/August period.

4.2.2.2   District Coordinator 1 shall be paid thirteen (13%) percent of the maximum of the fourth year as in clause 3.2; 

4.2.2.3   District Coordinator 2 shall be paid seven-and-one-half (7.5%) percent of the maximum of the fourth year as in clause 3.2.

4.2.2.4   Department Heads – shall be paid five-and-one-half (5.5%) percent of fourth year maximum as in clause 3.2.

4.2.2.5   Curriculum Coordinators shall be paid two-and-one-half (2.5%) percent of the fourth year maximum as in clause 3.2.

4.3          Acting Administrators - Compensation

4.3.1      When, in the absence of the principal, the assistant principal acts in their place for a period of six (6) days or more consecutive school days, the assistant principal shall be designated as acting principal and shall receive an allowance, in place of the assistant principal’s allowance, equivalent to that of the principal and for the period which the assistant principal is so designated.

4.3.2      When, in the absence of the assistant principal, a teacher is designated in writing by the Superintendent or the designee to carry out the function of the assistant principal for a period exceeding ten (10) consecutive days, the teacher shall be then designated as acting assistant principal and shall receive an allowance equivalent to that of the assistant principal for the period the teacher is so designated.

4.3.3      In the absence of the principal and assistant principal(s), a teacher shall be designated as acting principal and shall be compensated in the amount of $40.00 for each half-day.

4.4          Teachers with Principal Designations

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

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

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

4.5          Other Administrator Conditions

4.5.1      In a school with two hundred and fifty (250) or more pupils, the School Jurisdiction shall designate one or more teachers to full-time or part-time supervisory positions to assist the principal.

5.            SUBSTITUTE TEACHERS

5.1          Rates of Pay - The School Jurisdiction shall pay substitute teachers at the rate of pay $212.36 per day and $106.18 per one-half day of service provided to the School Jurisdiction, which includes vacation pay.

5.2          Commencement of Grid Rate

5.2.1      A teacher who substitutes for the same teacher for a period of four (4) or more consecutive teaching days shall be paid retroactively to the first (1st) day at the daily rate of 1/200th of the annual salary determined by clause 3 of this collective agreement for the duration of such substitution.

5.2.2      Effective September 1, 2017 the period of consecutive employment during the school year shall not be considered interrupted or non-consecutive, if a holiday, teachers’ convention, professional day or such other system-regulated breaks interrupt the substitute teacher’s continuity in the classroom.

5.3          Other Substitute Teacher Conditions

5.3.1      Substitute Placement Service: Teachers unable to carry on their duties, as a result of illness or any other cause, shall give at least one and one half (1.5) hours’ notice to the Substitute Placement Service before school assembles, so that proper substitutes may be obtained. Before returning to duty, the absentee teacher shall notify the Substitute Placement Service of such intended return. If returning for the morning sessions, the notification must be given by 7:00 a.m. and for the afternoon session, before 11:00 a.m. Other than where a previous arrangement has been made with the Superintendent specifying the date and time of return, failure to observe this regulation will result in the loss to the teacher of one-half (1/2) day’s salary of a substitute teacher, whether a substitute is required or not. Provided however that the Superintendent may, at his/her discretion, after investigating the circumstances, waive the charging of a substitute teacher’s salary.

6.            PART TIME TEACHERS

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

7.            GROUP BENEFITS

7.1          Group Health Benefit Plans

7.1.1      The School Jurisdiction’s contribution to the Alberta Health Care Plan and to the Alberta School Employee Benefit Plan – Extended Health Care Plan 1, shall be at the rate of one hundred (100%) percent of the total premiums.

7.1.2      Notwithstanding the fore-going clause 7.1.1 shall not apply to a married teacher who submits proof that he/she is already a member of any of the insurance plans named, through participation in these plans by his/her spouse.

7.1.3      In accordance with the provisions of the Alberta School Employee Benefit Plan, the School Jurisdiction shall pay one hundred (100%) percent of the premiums in respect of benefits under the Life and Accidental Death and Dismemberment Schedule 2A.

7.1.4      The School Jurisdiction shall pay seventy-nine percent (79%) of the premium cost for the Extended Disability Plan D.

7.1.5      The School Jurisdiction shall pay one hundred (100%) percent of the cost of the premium for teachers enrolled in the Alberta School Employee Benefit Dental Plan 3C.

7.1.6      The School Jurisdiction will pay one hundred percent (100%) of the premium for the Vision Care Plan 3.

7.2          Group Benefits Eligibility

7.2.1      All teachers eligible to participate shall be members of the Alberta School Employee Benefit Plan as a condition of employment.

7.3          Health Spending Account

7.3.1      The School Jurisdiction will provide a Health Spending Account of $700 per year per eligible teacher.

7.4          Other Group Benefits

7.4.1      Employment Insurance Act: The School Jurisdiction and the teachers agree that the Employment Insurance Commission rebate has been shared in accordance with the Employment Insurance Act by the increase in the benefits contained in this Agreement.

8.            CONDITIONS OF PRACTICE

8.1          Teacher Instructional and Assignable Time

8.1.1      A teacher will not be assigned duties in excess of 1800 minutes per week in which a maximum of 1400 minutes will be devoted to instruction of pupils. The remainder of the assignable time shall be distributed to the teachers by the principal in consultation with his/her staff as equitably as is possible and practical.

8.1.2      In all schools and by mutual agreement between the principal and the teachers, the assignment of 1400 minutes of instructional time may be averaged over the ten (10) month school year.

8.2 Assignable Time Definition

8.2.1      Assigned Time is defined as the amount of time that School Jurisdictions  assign teachers and within which they require teachers to fulfill various professional duties and responsibilities including but not limited to:

a)            operational days (including teachers’ convention)
b)            instruction
c)            supervision, including before and after classes, transition time between classes, recesses and lunch breaks
d)            parent teacher interviews and meetings
e)            jurisdiction and school directed professional development, time assigned to teacher professional development, and travel as defined in Clause 8.2.3
f)             staff meetings
g)            time assigned before and at the end of the school day
h)            other activities that are specified by the School Jurisdiction to occur at a particular time and place within a reasonable work day.

8.2.2      Teachers have professional obligations under the School Act and regulations made pursuant to the School Act, as well as the Teaching Quality Standard, which may extend beyond what is assigned by school jurisdictions. Teachers have discretion, to be exercised reasonably, as to when they carry out their professional responsibilities that extend beyond their assigned time.

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

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

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

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

9.            PROFESSIONAL DEVELOPMENT

9.1          Teacher Professional Growth Plans

9.1.1      Teacher Professional Growth Plans will consider but will not be required to include the school jurisdiction’s goals. 

9.1.2      The teacher professional growth process, including discussions between the teacher and principal on the professional growth plans, will continue to take place.

9.1.3      School jurisdictions and/or schools are not restricted in developing their own staff development plan in which the school jurisdiction and/or school may require teachers to participate.

9.2          Sabbatical Leave

9.2.1      Sabbatical leave shall mean leave granted by the School Jurisdiction to a teacher for study, travel or experience approved by the School Jurisdiction for improving the teacher’s academic or professional education.

9.2.2      To be eligible for sabbatical leave under clause 9.2.1, the teacher shall have served the School Jurisdiction for five (5) years.

9.2.3      A teacher who is granted sabbatical leave shall give an undertaking 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 School Jurisdiction and the teacher, for a period of at least one (1) year after resuming his/her duties.

9.2.4      All applications for sabbatical leave shall be submitted to the School Jurisdiction by February 1st preceding the school year in which the sabbatical leave is to commence.

9.2.5      The School Jurisdiction shall, upon receiving the recommendation(s) of the Sabbatical Leave Selection Committee, undertake at its discretion to grant sabbatical leave to two (2%) percent of the total of the teaching staff by March 15th; this maximum percentage may be extended at the option of the School Jurisdiction.

9.2.6      A teacher who is granted sabbatical leave for the year under clause 9.2.1 shall receive a salary equal to sixty-six and two-thirds (66-2/3%) percent of the grid salary he/she would have received had he/she been teaching, payable in equal monthly installments.

9.2.7      Upon resumption of duties, the School Jurisdiction shall endeavor to return the teacher to the same position, which he/she enjoyed before the leave was taken, or a mutually agreeable alternative.  Where a teacher is not being returned to the same position and a mutually agreeable alternative is not possible, the teacher shall be returned to a position no less favourable than the one which he/she enjoyed before the leave was taken.

10.          SICK LEAVE – Medical Certificates and Reporting

10.1        A teacher who qualifies for extended disability benefits as provided in the Alberta School Employee Benefit Plan shall not receive additional salary and shall not be entitled to additional sick leave benefits after ninety (90) consecutive calendar days of disability.

10.2        During the first year of employment under contract with the School Jurisdiction a teacher shall be credited with twenty (20) operational days of sick leave.

10.3        Commencing with the second consecutive year of employment under contract with the School Jurisdiction, a teacher shall be credited with ninety (90) consecutive calendar days of sick leave and all sick leave accumulated under clause 10.2 shall be cancelled.  A teacher with more than one year of continuous employment with the School Jurisdiction who returns to work following a period of sick leave or extended disability shall have the ninety (90) consecutive calendar day entitlement reinstated.

10.4        When a teacher leaves the employ of the School Jurisdiction all accumulated sick leave shall be cancelled. Notwithstanding this clause, if a teacher with more than one year of continuous employment under contract with the School Jurisdiction resigns and is reappointed by the School Jurisdiction within a two year period clause 10.3 shall apply to such teacher.

10.5        When a teacher is granted sabbatical leave, disability or other leave of absence by the School Jurisdiction, the teacher shall retain the number of accumulated sick leave days to the date of leave commencement. However, the teacher shall not earn additional sick leave days during the period of leave.

10.6        A teacher who is absent from school duties to obtain necessary medical or dental treatment or because of accident, disability or sickness shall be required to provide the following documentation:

10.6.1    Where a teacher is required by the School Jurisdiction to provide a medical certificate for medical, dental treatment or because of accident, disability or illness and where the teacher is required to pay a fee for such medical certificate, the School Jurisdiction shall reimburse the teacher to a maximum of thirty-five ($35) dollars, upon receipt of proof of payment.

10.6.2    Prior to returning to work after an extended absence, the teacher shall provide the School Jurisdiction with two (2) weeks written notice of readiness to return to work, whenever possible and a medical certificate indicating that the teacher is capable of resuming their teaching duties. The School Jurisdiction shall reimburse the teacher to a maximum of thirty-five ($35) dollars, upon receipt of proof of payment.

10.7        The School Jurisdiction may require any person employed by it to undergo a medical examination by a physician named or approved by the School Jurisdiction.

11.          MATERNITY, ADOPTION AND PARENTAL LEAVE

11.1        Maternity Leave

Teachers with at least twelve (12) months of continuous service with the School Jurisdiction shall be eligible for maternity leave under the following conditions:

11.1.1    Written notice of intent to take maternity leave shall be forwarded by the teacher to the Superintendent or designate, at least six (6) weeks prior to the estimated date of delivery of the child. Exceptions to this requirement may be acceptable on the basis of any extenuating circumstances.

11.1.2    Where possible, at least six (6) weeks prior to the date of which the teacher intends to return to work, and in any event, no less than four (4) weeks prior, written notice must be forwarded to the Superintendent or designate.

11.1.3    The commencement date and duration of maternity leave shall be determined by the teacher in consultation with the Superintendent or designate.

11.1.4    Teachers who have been on maternity leave may subsequently apply for a leave of absence without pay and benefits for up to one (1) full year.

11.1.5    Maternity leave shall be without pay, sickness allowances or School Jurisdiction contributions to staff benefit premiums, except during any period (s) of such leave which are health-related as determined by the teacher’s physician or a midwife registered with the College of Midwives of Alberta in accordance with Alberta School Employee Benefit Plan (ASEBP) or in accordance with clause 10.7;

11.1.6    For a teacher eligible for maternity leave and on continuous contract with the School Jurisdiction, the School Jurisdiction shall pay the portion of the teacher’s benefit premiums specified in clause 7.1.3, 7.1.4 and 7.3 of this collective agreement for the duration of the maternity leave

11.1.7    During such period(s) the teacher shall access sick leave benefits through the School Jurisdiction funded registered Supplementary Unemployment Benefits (SUB) Plan, which shall not reduce the teacher’s sick leave entitlement under clause 10;

11.1.8    The teacher shall be required to apply for Employment Insurance benefits to access the registered SUB Plan;

11.1.9    The benefits under the SUB Plan are a substitution for and to the exclusion of any other benefits set out in this agreement that might otherwise be available for such periods of absences;

11.1.10  The period(s) of the health-related portion of maternity leave shall be counted for the granting of experience increments.

Parental/Adoption Leave

Unpaid Parental Leave

11.1.11  Upon request, the School Jurisdiction shall grant adoption/parental leave for a period up to thirty-seven (37) weeks.

11.1.12  Whenever possible, written notice of intent to take such a leave must be forwarded to the Superintendent or designate at least six (6) weeks prior to commencement of the leave.

11.1.13  Written notice of intent to return to work shall be provided to the Superintendent or designate at least four (4) weeks prior to the date on which the teacher intends to return to work.

Adoptive Parent’s Leave

11.1.14  A teacher shall be eligible for adoptive parent’s leave under the following conditions:

11.1.15  A teacher shall notify the Superintendent or designate before the expected date of adoption that the teacher will be applying for adoptive parent’s leave. The actual date of the commencement of the leave shall be determined when the adoption date is known.

11.1.16  Adoptive parent’s leave shall not exceed twelve (12) months and the teacher shall give the Superintendent or designate at least six (6) weeks’ notice of the teacher’s intention to return to the teacher’s duties.

11.1.17  In no event shall the teacher’s return to duty be delayed longer than the opening day of the school year following the teacher’s request to return to duties.

11.1.18  Adoptive parent’s leave shall be without pay, sickness allowances or School Jurisdiction contributions to staff benefit programs, and the period of such leave shall not be counted for the granting of experience increments.

11.2        Benefits Repayment or Repayment of Premiums During Unpaid Portion of Leave

11.2.1    Teachers may prepay or repay benefit premiums payable during the duration of a maternity, adoption or parental leave.

11.2.2    Subject to the terms and conditions of the benefits insurance carrier policies, teachers on maternity, adoption or parental leave may make arrangements through the School Jurisdiction to prepay 100 per cent of the employee benefit premiums for applicable benefits provided for in the existing Collective Agreement, for a period of up to 12 months.

11.2.3    Notwithstanding Clause 11.3.3 subject to the terms and conditions of the benefits insurance carrier policies, upon request by the teacher, the School Jurisdiction will continue paying the School Jurisdiction portion of the benefit costs for a teacher on maternity, adoption or parental leave, for a period of up to twelve months, provided the teacher repays the teacher portion of the benefit premiums.

11.2.4    A teacher who commits to Clause 11.3.3 is responsible to repay the amount of the School Jurisdiction paid benefit premiums, and shall reimburse the School Jurisdiction upon return from the leave, in a mutually agreeable, reasonable manner over the period of no more than twelve months following the teacher’s return to duty.

11.2.5    If a teacher fails to return to his/her teaching duties, the teacher shall be responsible to forthwith repay the School Jurisdiction paid benefit premiums, and shall reimburse the School Jurisdiction upon receipt of an invoice.

11.2.6    If a teacher has not fully repaid the cost of benefit premiums previously paid by the School Jurisdiction under Clause 11.3.3 the teacher is not eligible to reapply for additional consideration under Clause 11.3.3.

12.          PRIVATE BUSINESS/GENERAL/PERSONAL LEAVES OF ABSENCE

12.1        Temporary leave of absence with pay less the cost of a substitute may be granted by the Superintendent or designate:

For personal leave for up to two (2) days per school year for essential personal business providing that the leave does not adversely affect the operation of the school or school district. Requests for leave which extend major or statutory holidays shall not normally be approved under this clause.

12.2        For up to and including five (5) days per school year in order that the teacher  may attend a public business arising from their position as an elected official;

13.           ASSOCIATION LEAVE AND SECONDMENT

13.1        A teacher shall be granted leave of absence with pay provided the School Jurisdiction is reimbursed by the Association for the actual costs of the substitute, including the School Jurisdiction portion of statutory benefit contributions, to fulfill the duties as an elected or appointed member of the Provincial Executive Council, Discipline and Practice Review Committees, and central and local table negotiating committees.

13.2        Upon written request to the Superintendent or designate, the School Jurisdiction may consider additional Association Leave.  The written request shall be provided with as much notice as possible and, where possible, not less than five (5) working days in advance of the leave, stating the teacher’s name, and the date(s) and time(s) the teacher will be absent from their professional duties with the school jurisdiction. The Association will reimburse the School Jurisdiction as per article 13.1. Such leaves will not be unreasonably denied.

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

13.4        During such secondment, the School Jurisdiction shall maintain the teacher’s regular salary, applicable allowances, and any benefit contributions required by the Collective Agreement and make the statutory contributions on the teacher’s behalf. The Association shall reimburse the School Jurisdiction for all payments made by the School Jurisdiction to the teacher or on his/her behalf while on secondment under this clause.

14.           OTHER LEAVES

The School Jurisdiction shall pay for an absence approved by the Superintendent or designate, pursuant to section 111(1)(d)(i) of the School Act, Chapter S-3, 2000 where such teacher is absent:

14.1        For not more than five (5) teaching days because of the critical illness or death of spouse, child, parent, brother, sister, parent of spouse, guardian, grandparent, and grandchild, or other relative who is a member of the teacher’s household and for not more than two (2) teaching days because of the critical illness or death of a sister-in-law, brother-in-law, daughter-in-law, or son-in-law. A teacher who is absent from teacher duties under this clause may be required to provide a medical certificate stating that the illness warranted the leave of absence for attendance;

14.2        To write an examination in an academic or professional course, or to attend a convocation for the purpose of receiving a degree or diploma at any Alberta university;

14.3        To attend an educational conference, convention or other School Jurisdiction approved meeting;

14.4        While serving as a juror at a scheduled session of the court in response to a notice to attend, provided that any fee received for acting in such a capacity be paid over to the School Jurisdiction;

14.5        For up to three (3) days for leave for child’s arrival for natural and adoptive parents;

14.6        For one (1) day of family needs leave with pay for “Immediate Family”. “Immediate Family” is defined as spouse, child, parent, grandparent or other person who is a member of the teacher’s household;

14.7        One-half (1/2) day leave shall be granted without loss of pay to attend a funeral as a pallbearer; an additional half (1/2) day may be added at the discretion of the Superintendent or designate;

14.8        The Superintendent or designate at his/her discretion may grant a teacher a leave of absence with pay:

a)            While serving as a witness at a scheduled session of the court in response to a notice to attend, or a subpoena, provided that any fee received for acting in such capacity be paid over to the School Jurisdiction, and that the teacher is not charged with any offence.

b)            Due to extenuating circumstances.

14.9        Temporary leave of absence with pay less the cost of a substitute may be granted by the Superintendent or designate.

14.9.1    To teachers who are required to leave before the end of the school term to attend an educational institution for a program of summer study;

14.9.2    To teachers who wish to participate in a competitive sporting event leading to provincial or national competition to a maximum of two (2) days per year.

14.10     In addition to the foregoing, a teacher may apply for leave of absence for illness of their child or other personal reasons. The Superintendent or designate at his/her discretion may grant leave of absence for such a period as he/she deems adequate (a) with pay, or (b) with pay less the cost of a substitute, or (c) without pay.

15.          CENTRAL GRIEVANCES PROCEDURE

15.1        This procedure applies to differences:

a)            about the interpretation, application, operation or alleged violation of any central item including the question of whether such difference is arbitrable;

b)            about the interpretation, application or alleged violation of both a central item and a non-central item including the question of whether such a difference is arbitrable; and

c)            where the Association asserts that terms are implied or incorporated into the collective agreement including the question of whether such a difference is arbitrable.

15.2        “Central item” means any item, which is in italics in this collective agreement.

15.3        A “non-central item” means any item, which is not in italics in this collective agreement.

15.4        An “operational” day is an instructional or non-instructional day in the School Jurisdiction calendar on which teachers are scheduled to work.

15.5        If there is a dispute about whether a grievance commenced under this article is properly a grievance on a central item, it shall be processed under this article unless TEBA and the Association mutually agree that the difference, or a portion of the difference, shall be referred to the local grievance procedure in Article 16.

15.6        Either TEBA or the Association may initiate a grievance by serving a written notice of a difference as follows:

a)            In the case of a grievance by the Association, by serving the notice to the Chair of the Board of Directors of TEBA.

b)            In the case of a grievance by TEBA, by serving the notice to the Coordinator of Teacher Welfare of the Association.

15.7        The written notice shall contain the following:

a)            A statement of the facts giving rise to the difference;
b)            The central item or items relevant to the difference;
c)            The central item or items and the non-central item or items, where the difference involves both; and
d)            The remedy requested.

15.8        The written notice must be served on the other party to the difference within 30 operational days of when the grieving party first had knowledge of the facts giving rise to the grievance.  For the purposes of this article, the months of July and August shall not be included in the computation of the 30 operational days.

15.9        Representatives of TEBA and the Association shall meet within 15 operational days to discuss the difference or at such later date that is mutually agreeable to the parties.  By mutual agreement of TEBA and the Association, representatives of the School Jurisdiction affected by the difference may be invited to participate in the discussion about the difference.

15.10     The difference may be resolved through terms mutually agreed upon by TEBA and the Association.  Any resolution is binding on TEBA, the Association, the affected School Jurisdiction, and any affected teacher or teachers.

15.11     If the difference is not resolved, the grieving party may advance the difference to arbitration by notice to the other party within 15 operational days of the meeting.

15.12     (a) Each party shall appoint one member as its representative on the Arbitration Board within 15 operational days of such notice and shall so inform the other party of its appointee.  The two members so appointed shall, within 15 operational days of the appointment of the second of them appoint a third person who shall be the Chair.  In the event of any failure to appoint or an inability to agree on the person to serve as the Chair, either party may request in writing that the Director of Mediation Services make the necessary appointment.

(b) TEBA and Association may, by mutual agreement, agree to proceed with an Arbitration Board composed of a single arbitrator rather than a three-person Arbitration Board.  In this event TEBA and the Association shall within 15 operational days of the agreement to proceed with a single arbitrator appoint a person to serve as the single arbitrator.  In the event of any failure to agree on the person to serve as the single arbitrator, either party may request in writing that the Director of Mediation Services make the necessary appointment.

15.13     The Arbitration Board shall determine its own procedure but shall give full opportunity to TEBA and the Association to present evidence and to be heard.

15.14     The Arbitration Board shall make any order it considers appropriate.  Without limiting the generality of the foregoing, an Arbitration Board may order that:

a)            An affected School Jurisdiction rectify any failure to comply with the Collective Agreement.

b)            An affected school jurisdiction pay damages to the Association, affected teacher or teachers, or both.

c)            TEBA and the Association take actions considered fair and reasonable by the Arbitration Board.

15.15     The award of the Arbitration Board is binding on:

a)            TEBA and the Association.
b)            Any affected School Jurisdiction.
c)            Teachers covered by the Collective Agreement who are affected by the award.

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

16.           LOCAL GRIEVANCE PROCEDURE

16.1        Where a difference arises between the Association and the School Jurisdiction as to the interpretation, application or contravention or alleged contravention of any local condition of this Agreement, or as to whether such difference can be the subject of arbitration, the Association shall have the right to present a grievance.  If at any time the parties agree that the alleged violation is of a central nature, the grievance procedure shall be transferred to the central grievance procedure and the central grievance procedure time lines shall be adhered to.  If the alleged violation is of a central nature and then is defined as a local grievance, the central grievance shall be transferred to the local grievance procedure and the local grievance procedure time lines shall be adhered to. The alleged local condition violation shall be dealt with as follows:

16.1.1.   All such grievances shall be submitted to the Superintendent or designate.

16.1.2    All grievances must be presented in writing, and shall set out the nature of the difference, the article(s) of the Agreement that has allegedly been violated and the remedy sought.

16.1.3    If a grievance is denied, the submitting party may advance the matter to arbitration within the limits of this article.

16.2        If any difference concerning the interpretation, application, operation, or an alleged violation of any local condition of the Agreement arises between the School Jurisdiction and its teacher, the alleged violation shall be dealt with as follows:

16.2.2    A teacher who has a grievance must present it verbally to the Superintendent or designate within seven (7) operational days of the alleged violation, but in the case of salaries this is extended to fifteen (15) operational days after receipt of the salary statement.  The Superintendent or designate, shall provide a verbal reply to the teacher within three (3) operational days.

16.2.3    In the event that the teacher is not satisfied with the verbal reply by the Superintendent or designate, the teacher may within fifteen (15)  operational days of the verbal reply prepare and deliver a written submission on the matter to the Superintendent’ office.  The grievor or their representative shall be permitted to attend a meeting with the Superintendent/designate to make representations in support of the grievance.  This meeting shall be scheduled within ten (10) operational days from the date the teacher’s submission was received by the Superintendent.  The Superintendent shall prepare and deliver a written response to the teacher and the Coordinator of Teacher Welfare within ten (10) operational days from the date of the meeting noted above.

16.2.4    In the event that the teacher is not satisfied with the written response by the  Superintendent, or within seven (7) operational days from the date the Superintendent’s responses was to be delivered, the Association may refer the matter to mediation and/or arbitration as per section 138 of the Alberta Labour Relations Code, Chapter L-1, 2000 (providing for a three person Board).  The Association and the School Jurisdiction shall, by mutual agreement, agree to proceed with an Arbitration Board composed of a single arbitrator rather than a three-person Arbitration Board.

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

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

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

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

16.7        Each party to the Grievance shall bear the expense of is respective appointee and the two parties shall bear equally the expenses of the Arbitration Chairperson and/or Mediator.

17.          EMPLOYMENT

17.1        Information and Files

17.1.1    Personnel Files: Teachers shall upon notice to the Superintendent or designate be given access to the contents of their personnel files.

17.1.2    The School Jurisdiction shall effect and keep in force a policy or policies of insurance, insuring every teacher in its employ, when acting in the course of such teacher’s employment, against liability in respect of any claim for damages or personal injury.

17.1.3    District Policy: Any district policy changes from those detailed in the School Jurisdiction’s most current policy handbook, or adopted School Jurisdiction minutes, affecting teachers, shall be provided to the Teacher Welfare Committee for review and with the exception of interim emergency policies, the teachers shall have the opportunity to make representations to the School Jurisdiction prior to the adoption of any policy.

LETTERS OF UNDERSTANDING - CENTRAL

New Letter of Understanding #1 – Trial Program on Time Off for Compression

1.1          This Letter of Understanding is made pursuant to Article 8 (Conditions of Practice). The parties agree that where teacher instructional time is compressed and where current collective agreements are silent, teachers will receive time off in relation to the additional time worked as provided for in the chart below. Days will be rounded to the nearest 0.25 for this calculation. It is recognized by both parties that flexibility is required to maintain the calendar for the School Jurisdiction but also provide assurance for teachers that increases in the length of instructional days may result in associated time off for teachers.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1.            Each School Jurisdiction will establish a committee to support the CIF grant program. CIF committees will be composed of equal number of School Jurisdiction representatives, appointed by the School Jurisdiction or designate, and teacher representatives, appointed by the Association. Teacher representatives must be employed by the School Jurisdiction. CIF committees will have a minimum of six (6) and maximum of ten (10) equal representatives total. CIF committee may meet as viewed necessary, but shall meet at least once in the 2017-18 school year.

2.            CIF committees will be responsible for reviewing and prioritizing proposals and agreeing to the distribution of the CIF grant funds available for that School Jurisdiction. The committee will be responsible to prioritize proposals based on classroom needs and approve CIF allocation of resources up to the funds available for that School Jurisdiction.

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

4.            The School Jurisdiction must forward agreed-upon CIF proposals to Alberta Education.  The decisions of the CIF committee is not subject of a grievance under this Collective Agreement.

LETTERS OF UNDERSTANDING - LOCAL

LETTER OF UNDERSTANDING #4

Between St Albert Public School District No 5565 and the Alberta Teachers’ Association

Letter of Understanding – Instructional Minutes

Notwithstanding Articles 8.1, where the School Jurisdiction and the ATA Local No. 73 have agreed to a variation of the number of minutes set out in Article 8 to accommodate school year changes to the number of instructional days, such agreement shall be binding on the parties covered in this agreement.  This should be agreed to annually by April 30.

LETTER OF UNDERSTANDING #5

Between St Albert Public School District No 5565 and the Alberta Teachers’ Association

Letter of Understanding- Occupational Health and Safety

The parties agree to meet to discuss the Occupational Health and Safety issues presented by the Association. 

This letter expires and shall have no further force and effect as of June 30, 2018.