COLLECTIVE AGREEMENT
[Incorporating language
agreed to during Central Table Teacher Collective Bargaining between the
Teachers’ Employer Bargaining Association (TEBA) and The Alberta Teachers’
Association (Association)]
BETWEEN
The
CALGARY SCHOOL DIVISION
AND
THE
ALBERTA TEACHERS’ ASSOCIATION
SEPTEMBER
1, 2020, to AUGUST 31, 2024
TABLE OF CONTENTS
ARTICLE ARTICLE NAME PAGE
1......... APPLICATION / SCOPE. 3
2. TERM.. 5
3. SALARY. 8
4. ADMINISTRATOR ALLOWANCES AND CONDITIONS
OF PRACTICE. 15
5. SUBSTITUTE TEACHERS. 21
6. PART TIME TEACHERS.. 23
7. GROUP BENEFITS. 25
8. CONDITIONS OF PRACTICE. 28
9. PROFESSIONAL DEVELOPMENT. 31
10. SICK LEAVE / MEDICAL CERTIFICATES AND
REPORTING.. 37
11. MATERNITY, ADOPTION AND PARENTAL
LEAVE. 39
12. PRIVATE BUSINESS / GENERAL / PERSONAL
LEAVES OF ABSENCE.. 41
13. ASSOCIATION LEAVE AND SECONDMENT. 41
14. OTHER LEAVES. 43
15. GRIEVANCE PROCEDURE. 49
16. EMPLOYMENT. 52
SIGNATURE
PAGE. 56
LETTERS
OF UNDERSTANDING—CENTRAL. 57
LETTERS
OF UNDERSTANDING—LOCAL. 74
APPENDIX
“A” RECOGNITION OF NON-UNIVERSITY COURSES FOR SALARY PURPOSES. 81
APPENDIX
“B” EVALUATION FOR TEACHERS WITH ADMINISTRATIVE DESIGNATIONS PURPOSE. 82
APPENDIX
“C” OFFER OF GENERAL LEAVE OF ABSENCE.. 84
This collective agreement is made
this 1st of February 2024 between The Calgary School Division (“School Division”)
and The Alberta Teachers’ Association (“Association”).
WHEREAS this
collective agreement is made pursuant to the laws of the province of Alberta as
amended from time to time including but not limited to the Education Act, the
Alberta Human Rights Act, the Public Education Collective Bargaining Act
(PECBA), the Teaching Profession Act, the Employment Standards Code, the
Occupational Health and Safety Act and the Labour Relations Code.
Effective June 10, 2022, WHEREAS
the Teachers’ Employer Bargaining Association (TEBA) and the Association recognize
the value of harmonious and mutually beneficial relationships in the conduct of
teacher collective bargaining.
WHEREAS such teachers’
terms and conditions of employment and their salaries have been the subject of
negotiation between the parties, and
WHEREAS the parties desire
that these matters be set forth in an agreement to govern all the terms of
employment of the teachers.
1.1. This collective
agreement shall be applicable to every person who requires a teaching
certificate as a condition of employment with the School Division, including
teachers with principal designations, and excepting positions agreed to be
excluded in local bargaining between the School Division and the Association.
These employees shall herein be collectively called teachers or, where the
context requires, teacher.
1.2. Excluded Positions
1.2.1. Superintendent(s)
1.2.2. Director(s)
1.2.3. Coordinator(s)
1.3. All teachers shall
pay monthly to the Association moneys equal to the established fees or dues of
the Association. Such dues and fees shall be deducted monthly by the School
Division from each teacher’s month end pay and remitted to the Association
following the deduction. Any dispute between a teacher and the Association
related to dues or membership fees shall be referred to the Association for
resolution. The School Division shall not be held liable for any costs arising
from the resolution of any dispute.
1.4. The Association is
the bargaining agent for each bargaining unit and:
1.4.1. 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
1.4.2. has exclusive
authority to bargain collectively with each School Division on behalf of the teachers
in each bargaining unit with respect to local terms, and to bind the teachers
by a collective agreement.
1.5. Role of TEBA
1.5.1. For the purpose of
bargaining collectively with the Association, TEBA is an employer organization
for the purpose of the Labour Relations Code and has, with respect to central
bargaining, exclusive authority to bargain collectively on behalf of the School
Divisions and to bind the School Divisions in any agreement with respect to
central terms.
1.5.2. Sections 21(2), 32,
62 and 81 to 83 of the Labour Relations Code do not apply with respect to TEBA.
1.5.3. For the purpose of
bargaining collectively with the Association, a School Division has, with
respect to local bargaining, exclusive authority to bind the School Division in
any agreement with respect to local terms.
1.6. The School Division
retains all management rights, unless otherwise provided by the expressed terms
of this collective agreement.
1.7. 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.
1.8. This collective
agreement cancels all former collective agreements and all provisions appended
thereto.
1.9. This collective agreement
shall enure to the benefit of and be binding upon the parties and their
successors.
1.10. Structural Provisions
1.10.1. Health and Wellness:
1.10.1.1. The School Division
and the Association agree to create and maintain a Health and Wellness
Committee that will operate in accordance with the Terms of Reference agreed to
by the committee.
1.10.2. Liaison Committee:
1.10.2.1. The teachers
recognize the right and responsibility of the School Division to formulate
policy. The School Division agrees that it will not make changes in present
working conditions which are not covered in this collective agreement without
first having the matter considered by the committee constituted by this clause.
This committee shall also consider matters designed to improve the teaching and
learning situation or other matters of interest or concern, which may include
the discussion of cultural provisions as related to the school calendar.
1.10.2.2. The parties agree
that the Liaison Committee may discuss teacher staffing processes such as
opportunities to request transfers, substitute teacher access to temporary
contracts and the process of open postings.
1.10.2.3. This committee shall
be composed of five (5) representatives of the School Division and five (5)
representatives of the Association Local 38, at least one (1) of whom shall be
an elected member of the Association Local 38 Executive.
1.10.2.4. The committee shall
meet at the request of either party at a mutually agreeable time.
1.10.2.5. The committee shall
not deal with interpretation / grievance matters nor discuss the modification
of the collective agreement or any other matter properly left to the normal
collective bargaining process. No agreement, decisions, or action of the committee
shall be construed by any party as an interpretation or modification of this collective
agreement.
1.10.3. Sick Leave
Committee:
1.10.3.1. The parties agree to
form a committee to analyse the use and implementation of sick leave. The
committee shall include four (4) representatives from the School Division and four
(4) representatives from the Association and Association Local 38. The intent
of the committee will be to review strategies to manage illnesses. Such
committee shall meet at least four (4) times a year.
1.10.4. Professional
Development Funding Committee:
1.10.4.1. The parties agree to
form a committee to analyse the use and disbursement of funds in the
Professional Improvement Fellowship and the Staff Development Fund prior to the
expiration of this collective agreement. The committee shall include three (3)
representatives from the School Division and three (3) representatives from Association
Local 38.
1.11. All provisions of this
collective agreement shall be read to be gender neutral.
2.1. The term of this collective
agreement is September 1, 2020, to August 31, 2024. Unless stated otherwise,
this collective agreement shall continue in full force and effect through
August 31, 2024.
2.2. List Bargaining
2.2.1. Negotiations
regarding the list of central and local matters must commence not less than six
(6) months and not more than eight (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 fifteen (15) days and not more than thirty (30) days after the
central matters and local matters have been determined.
2.3.2. A notice referred
to in Clause 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 the
School Division or the Association must be served after, but not more than sixty
(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 Clause 2.4.1 is deemed to be a notice to commence collective bargaining
referred to in Section 59(1) of the Labour Relations Code.
2.5. Bridging
2.5.1. Notwithstanding Section
130 of the Labour Relations Code, when a notice to commence central bargaining
has been served, a collective agreement in effect between the parties at the
time of service of the notice is deemed to continue to apply to the parties,
notwithstanding any termination date in the collective agreement, until:
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 thirty (30) days after notice is given. At
the first (1st) 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 Division shall meet
and commence collective bargaining not more than thirty (30) days after notice
is given. At the first (1st) meeting, the Association and School
Division shall exchange details of all amendments sought.
2.7. Opening with Mutual
Agreement
2.7.1. The Association and
TEBA may at any time by mutual agreement negotiate revisions to the central
matters contained in this collective agreement. Any such revisions shall become
effective from such date as shall be mutually agreed upon by the Association
and TEBA.
2.7.2. The Association and
the School Division 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
(Effective until June 9, 2022)
2.8.1. As the Association
is the bargaining agent for the teachers employed by the School Division. The
School Division shall provide to the Association at least twice each year, no
later than October 31st and March 31st, a list of its
employees who are members of the Association including the name, certificate
number, home address, personal phone number, contract type, and the name of
their school or other location where employed. Where reasonably possible, the
School Division will identify teachers on leaves of absence greater than five
(5) months. Nothing in this clause prevents the School Division from providing
the information on a more frequent basis.
2.8.2. The School Division
shall provide the following information to the Association and to TEBA annually
as soon as possible after September 30th but no later than the last
operational day in December:
2.8.2.1. Teacher
distribution by salary grid category and step as of September 30th;
2.8.2.2. Health Spending
Account (HSA) / Wellness Spending Account (WSA) / Registered Retirement Savings
Plan (RRSP) utilization rates;
2.8.2.3. Most recent School
Division financial statements;
2.8.2.4. Total benefit
premium cost;
2.8.2.5. Total substitute
teacher cost; and,
2.8.2.6. Total allowances
cost.
2.8. Provision of
Information (Effective June 10, 2022)
2.8.1. As the Association
is the bargaining agent for the teachers employed by each School Division, each
School Division shall provide to the Association at least twice each year no
later than October 31st and May 31st, a common report, in
a format established by TEBA, with a list of School Division employees who are
members of the Association and include the following items for each teacher:
2.8.1.1. Name;
2.8.1.2. Certificate
number;
2.8.1.3. Home address;
2.8.1.4. Personal home
phone number;
2.8.1.5. The name of their
school or other location where employed;
2.8.1.6. Contract type;
2.8.1.7. Full time
equivalency (FTE); and,
2.8.1.8. Salary grid
placement.
Where reasonably possible, the School Division will
identify teachers on leaves of absence greater than five (5) months. Nothing in
this clause prevents the School Division from providing the information on a
more frequent basis.
2.8.2. The School Division
shall provide the following information to the Association and to TEBA annually
as soon as possible after September 30th but no later than the last
operational day in December:
2.8.2.1. HSA / WSA / RRSP
utilization rates;
2.8.2.2. Most recent
School Division financial statements;
2.8.2.3. Total benefit
premium cost;
2.8.2.4. Total substitute
teacher cost;
2.8.2.5. Total principal /
assistant principal allowance cost;
2.8.2.6. Total other
allowance cost; and,
2.8.2.7. Notwithstanding
the timeline set out in Clause 2.8.2, the full-time assignable hours for a
typical full-time teacher for each school shall be provided no later than
October 31st.
3.1. Salary Pay Date / Schedule
3.1.1. The School Division
shall pay each teacher one-twelfth (1/12th) of each teacher’s annual
salary on the third (3rd) last school day of each month except June,
July, and August. Two (2) payments will be made on the third (3rd)
last school day of June and one (1) payment on the third (3rd) last
day of July. Payment shall be by direct deposit to a bank account of each
teacher’s choice.
3.2. Grid
3.2.1. Categories
representing years of teacher education beyond Alberta Grade XII and steps
representing years of teacher experience:
3.2.2. Minimum years of
postsecondary education as evaluated by Teacher Qualification Service (TQS) and
years of teacher experience:
3.2.3. Salary Grids
3.2.3.1. Effective until
June 9, 2022
Years of Teacher Experience
|
Years of Post Secondary
Education
|
Four
|
Five
|
Six
|
0
|
$
59,054
|
$
62,514
|
$
66,475
|
1
|
$
62,514
|
$
65,982
|
$
69,932
|
2
|
$
65,982
|
$
69,447
|
$
73,400
|
3
|
$
69,447
|
$
72,900
|
$
76,862
|
4
|
$
72,900
|
$
76,360
|
$
80,319
|
5
|
$
76,360
|
$
79,831
|
$
83,789
|
6
|
$
79,831
|
$
83,293
|
$
87,250
|
7
|
$
83,293
|
$
86,754
|
$
90,709
|
8
|
$
86,754
|
$
90,223
|
$
94,170
|
9
|
$
90,223
|
$
93,681
|
$
97,641
|
10
|
$
93,912
|
$
97,372
|
$
101,331
|
3.2.3.2. Effective June
10, 2022, 0.50% increase.
Years of Teacher Experience
|
Years of Post Secondary Education
|
Four
|
Five
|
Six
|
0
|
$ 59,349
|
$ 62,827
|
$ 66,807
|
1
|
$ 62,827
|
$ 66,312
|
$ 70,282
|
2
|
$ 66,312
|
$ 69,794
|
$ 73,767
|
3
|
$ 69,794
|
$ 73,265
|
$ 77,246
|
4
|
$ 73,265
|
$ 76,742
|
$ 80,721
|
5
|
$ 76,742
|
$ 80,230
|
$ 84,208
|
6
|
$ 80,230
|
$ 83,709
|
$ 87,686
|
7
|
$ 83,709
|
$ 87,188
|
$ 91,163
|
8
|
$ 87,188
|
$ 90,674
|
$ 94,641
|
9
|
$ 90,674
|
$ 94,149
|
$ 98,129
|
10
|
$ 94,382
|
$ 97,859
|
$ 101,838
|
*Salary adjustments also apply to allowances and daily
rates of substitute teachers.
3.2.3.3. Effective
September 1, 2022, 1.25% increase.
Years of Teacher Experience
|
Years of Post Secondary Education
|
Four
|
Five
|
Six
|
0
|
$ 60,091
|
$ 63,612
|
$ 67,642
|
1
|
$ 63,612
|
$ 67,141
|
$ 71,161
|
2
|
$ 67,141
|
$ 70,666
|
$ 74,689
|
3
|
$ 70,666
|
$ 74,181
|
$ 78,212
|
4
|
$ 74,181
|
$ 77,701
|
$ 81,730
|
5
|
$ 77,701
|
$ 81,233
|
$ 85,261
|
6
|
$ 81,233
|
$ 84,755
|
$ 88,782
|
7
|
$ 84,755
|
$ 88,278
|
$ 92,303
|
8
|
$ 88,278
|
$ 91,807
|
$ 95,824
|
9
|
$ 91,807
|
$ 95,326
|
$ 99,356
|
10
|
$ 95,562
|
$ 99,082
|
$ 103,111
|
*Salary adjustments also apply to allowances and daily
rates of substitute teachers.
3.2.3.4. Effective
September 1, 2023, 2.00% increase.
Years of Teacher Experience
|
Years of Post Secondary Education
|
Four
|
Five
|
Six
|
0
|
$ 61,293
|
$ 64,884
|
$ 68,995
|
1
|
$ 64,884
|
$ 68,484
|
$ 72,584
|
2
|
$ 68,484
|
$ 72,079
|
$ 76,183
|
3
|
$ 72,079
|
$ 75,665
|
$ 79,776
|
4
|
$ 75,665
|
$ 79,255
|
$ 83,365
|
5
|
$ 79,255
|
$ 82,858
|
$ 86,966
|
6
|
$ 82,858
|
$ 86,450
|
$ 90,558
|
7
|
$ 86,450
|
$ 90,044
|
$ 94,149
|
8
|
$ 90,044
|
$ 93,643
|
$ 97,740
|
9
|
$ 93,643
|
$ 97,233
|
$ 101,343
|
10
|
$ 97,473
|
$ 101,064
|
$ 105,173
|
*Salary adjustments also apply to allowances and daily
rates of substitute teachers.
3.2.4. Effective September 1,
2024, a teacher, upon achieving twenty-five (25) and thirty (30) years of
service with the School Division, shall be granted one (1) day leave with pay,
to be taken within the school year of achieving their twenty-fifth (25th)
or thirtieth (30th) year of service. This day will have no payout
nor carry over option available. Substitute teacher coverage will be provided
for this day, if required.
3.3. Education
3.3.1. The evaluation of
teacher education for salary grid purposes shall be determined by a statement
of qualifications issued by the Alberta Teacher Qualifications Service in
accordance with the policies and principles approved by the Teacher Salary
Qualifications Board established under Memorandum of Agreement among the
Department of Education, The Alberta Teachers' Association and the Alberta
School Trustees' Association dated March 23, 1967.
3.3.2. The adjustment
dates for increased teacher’s education shall be September 1st, and
February 1st.
3.3.3. For newly employed
teachers to the School Division, until such time as the School Division
receives satisfactory proof of teacher education or proof of application made
to TQS, the teacher will be placed at four (4) years education.
3.3.3.1. If proof of
teacher education or application is received within sixty (60) operational
days, payment shall be made retroactive to the above-mentioned adjustment dates
in Clause 3.3.2.
3.3.3.2. If proof of
teacher education or application is not submitted within sixty (60) operational
days, salary will be adjusted the month following such submission.
3.3.4. Teachers claiming
additional education shall supply proof of teacher education or proof of
application made to TQS to the School Division within sixty (60) operational
days from the date of completion of education or commencement of employment.
3.3.4.1. If proof of
teacher education or application is received within sixty (60) operational
days, payment shall be made retroactive to the above-mentioned adjustment dates
in Clause 3.3.2.
3.3.4.2. If proof of
teacher education or application is not submitted within sixty (60) operational
days, salary will be adjusted the month following such submission.
3.4. Experience
Teachers shall:
a) Gain experience while
holding a valid Alberta teaching certificate or its equivalent in the relevant
governing jurisdiction, and working in a position that requires a teaching
certificate as a condition of employment; and,
b) Not gain experience during
vacation periods and leaves of absence without salary.
3.4.1. Experience
increments shall be earned by a teacher on contract after one hundred and forty
(140) operational days with the School Division.
3.4.2. Experience
increments shall be earned by a substitute teacher after one hundred and forty
(140) operational days in the preceding five (5) years with the School Division.
3.4.3. A teacher shall be
granted only one (1) experience increment during any one (1) school year.
3.4.4. Uncredited
experience shall be carried over for the calculation of experience increments.
3.4.5. The adjustment
dates for an earned increment for teaching experience shall be September 1st
and February 1st.
Prior Experience
3.4.6. The teacher is
responsible for providing proof of experience satisfactory to the School
Division in accordance with this Article.
a) Until proof of experience
is submitted to the superintendent or designate, all teachers new to the School
Division shall be deemed to have zero (0) years of experience on the salary
grid.
b) If proof or evidence of
application for such proof is submitted to the superintendent or designate
within forty (40) operational days of commencement of employment, the superintendent
or designate shall adjust the teacher’s salary retroactively to the
commencement of employment.
c) If proof or evidence of
application for such proof is not submitted within forty (40) operational days,
salary will be adjusted the month following such submission.
3.4.7. The School Division
shall recognize prior teaching experience as if it were earned by employment
with the School Division provided that the teacher provides satisfactory proof
as per Clause 3.4.8.
3.4.8. A teacher
requesting that the School Division recognize experience earned with a previous
school division shall provide to the School Division written confirmation from
the previous school division certifying:
a) The number of days worked
for each year of employment, length of employment, and affirmation that the
experience was earned while the teacher was in possession of a valid Alberta
teaching certificate or its equivalent in the relevant governing jurisdiction;
b) The position held while
earning the experience was one that required a valid teaching certificate; and,
c) The written confirmation
is signed by an authorized officer of the previous school division.
3.4.9. The teacher’s
initial salary placement, and progression through the salary grid in accordance
with this Article, shall not be affected by movement between School Divisions
covered by PECBA. At the time of movement from another school division, the
receiving School Division shall assume the recognition of experience provided
by the previous school division.
Effective until June 9, 2022
3.4.10. Any disputes arising
relative to the recognition of previous experience or initial placement on the
salary grid shall be addressed through the Local Grievance Procedure from the 2018-2020 Collective Agreement.
Effective June 10, 2022, repeal Clause 3.4.10
3.4.10. Clauses 3.4.6
through 3.4.9 of this Article shall be applicable only to teachers whose date
of hire is on or after the effective date of this agreement.
3.5. Special
Considerations for Other Education and Experience [i.e., Vocational / Career
and Technology Studies (CTS)]
3.5.1. The chief superintendent
of schools or delegated authority shall have discretionary power to place, on
any step of the basic salary schedule in the category determined by the Teacher
Salary Qualifications Board, any teacher who is recruited from industry to
teach programs in CTS, providing the teacher has successfully completed the
teacher training courses provided by the universities of Alberta or their
equivalents, in the opinion of the chief superintendent or delegated authority.
3.5.2. The School Division
reserves the right to adjust the grid placement of a teacher who holds a valid Journeyperson
Certificate or its equivalent, and who teaches any CTS courses at the senior
high school level for which the possession of such journeyperson’s
qualifications is a requirement.
3.5.3. Any teacher holding
grid placement which includes a category or step adjustment for technical
proficiency or experience, who requests and receives approval for a transfer to
a teaching assignment which no longer includes any CTS courses, shall be placed
on the appropriate step and the appropriate category of the basic salary
schedule in accordance with the number of years of teaching experience and the
applicable TQS Evaluation as at the effective date of transfer.
3.5.4. If a teacher,
transferred in accordance with Clause 3.5.3, requests and receives approval for
transfer back to a CTS assignment, the former placement shall apply together
with earned increments and category changes, if applicable. However, the salary
plus the vocational allowance shall not exceed the maximum of the applicable
category.
3.6. Year-Round and
Modified Calendar Schools
3.6.1. Pay Schedule
Teachers at year-round and modified calendar schools
under contract with the School Division shall receive their pay based on the
regular pay schedule for all teachers.
Newly hired teachers or those teachers returning from
an unpaid leave shall be entitled to a “transitional payment” in July and / or
August provided that there is a minimum of six (6) or more scheduled work days
in the month in which the teacher is hired or has returned from an unpaid
leave. The total value of this transition payment(s) will be recovered from the
twelve (12) regular salary payments described in Clause 3.1.1 above. Teachers
in receipt of a transition payment(s) who do not work an entire school year
shall have the value of any outstanding balance deducted from the final salary
payment during that year. In subsequent years of employment, teachers will
receive twelve (12) regular salary payments starting in September and in
accordance with Clause 3.1.1.
3.6.1.1. In any Article where
the term “summer vacation” is used, “summer vacation” shall be read as
“vacation period.”
3.6.2. Vacation Periods
The amount of vacation entitlement for teachers at year-round
and modified calendar schools who are in receipt of an administrative or
supervisory allowance shall be equivalent to that available to teachers in
traditional calendar schools. The timing of vacation periods shall be agreed
upon between the teacher and the principal or where the teacher is a principal,
between the principal and the chief superintendent of schools or education director.
The principal in a year-round school, while away on vacation, shall be replaced
as per Clause 4.4.1.
3.6.3. No teacher shall
benefit nor suffer loss as a result of being assigned to a year-round or
modified calendar school.
3.7. Provisions Applicable
to Teachers Employed in Chinook Learning Services, Summer School Programs and
Other School Division Sponsored Activities
3.7.1. Teachers employed on
an hourly basis shall be paid seventy-two dollars and sixty-six cents ($72.66)
per hour.
3.7.2. The Association and the
School Division agree that, except for Articles 3.7 and 15 this collective agreement shall not apply to
teachers who are paid at an hourly rate.
3.7.3. The School Division
agrees to pay one (1) hour, at the regular rate, for each full block of fifteen
(15) hours instructional time, or prorated part thereof, served by such
teachers in the employ of the School Division. This is unassigned time in
recognition of non-instructional duties.
3.7.4. Teachers designated as
a summer school administrator shall be paid a sum of four hundred sixty-eight
dollars and twenty cents ($468.20) for each day worked.
The following Clauses 3.7.5 to 3.7.8 apply to teachers
paid hourly at Chinook Learning Services:
3.7.5. The School Division
agrees to pay of one (1) hour, at the regular rate, to teachers employed in
Chinook Learning Services for each full block of thirty (30) hours
instructional time, or prorated part thereof, served by teachers in the employ
of the School Division. This payment is limited to teachers who instruct in the
Adult Academic, English as a Second Language, or Language Instruction for
Newcomers to Canada programs. This payment is in lieu of benefits.
3.7.6. The School Division
agrees to pay annually a long service award of one hundred dollars ($100.00) to
a teacher who has provided instruction for ten (10) or more semesters at
Chinook Learning Services.
3.7.7. The School Division agrees to pay annually a long service award
of two hundred dollars ($200.00) to a teacher who has provided instruction for
twenty (20) or more semesters at Chinook Learning Services.
3.7.8. Notwithstanding Clause
3.7.1, where the School Division offers a teacher employed at Chinook Learning
Services the opportunity to complete non-instructional duties and the teacher
accepts, the teacher shall be paid one-half (1/2) of the applicable hourly rate
in Clause 3.7.1 per hour of duties.
3.7.9. Upon request to the principal
of Chinook Learning Services or designate, an Adult Academic Program (AAP)
teacher shall be issued a statement reflecting the number of hours taught
during the past school year.
4.1. Creation of New Designations
/ Positions
4.1.1. The School Division
may create or designate new administrative positions with respect to teachers
covered by this collective agreement. Applicable administrative allowances and
salaries for such newly created or designated administrative positions shall be
negotiated with the Association as per Clause 2.7 of this agreement before the
position is advertised or the appointment is made. Such negotiation shall take
place within fifteen (15) days of the School Division advising the Association,
in writing, of its intent to create or designate said new administrative
positions. Where negotiations are not completed in three (3) meetings, the
School Division shall determine the applicable administrative allowance and
salary for the position and proceed to advertise and fill the position.
4.2. Administration Allowances
4.2.1. Principal
Allowance
In addition to the salary earned as a teacher, a principal
shall receive the applicable allowance, based on the total staff of the school
supervised by the principal as follows:
|
Fewer than 30
|
30 or More but Fewer than 40
|
40 or More but Fewer than 50
|
50 or More but Fewer than 60
|
60 or More
|
Effective until
June 9, 2022
|
$
25,928
|
$
30,838
|
$
35,753
|
$
40,665
|
$
45,577
|
Effective June
10,2022
(0.50 % Increase)
|
$ 26,058
|
$ 30,992
|
$ 35,932
|
$ 40,868
|
$ 45,805
|
Effective September
1, 2022 (1.25% Increase)
|
$ 26,384
|
$ 31,379
|
$ 36,381
|
$ 41,379
|
$ 46,378
|
Effective
September 1, 2023 (2.00% Increase)
|
$ 26,912
|
$ 32,007
|
$ 37,109
|
$ 42,207
|
$ 47,306
|
4.2.2. The size of the
total staff of the school supervised by the principal is determined as of
September 30th of each year.
4.2.3. Part time staff
supervised by the principal are to be included on a pro rata basis in
calculating the appropriate allowances where they equate to full-time
equivalents in a school.
4.2.4. Assistant
Principal Allowance
In addition to the salary earned as a teacher, each
assistant principal shall receive an allowance of;
|
Assistant
Principal Allowance
|
Effective until
June 9, 2022
|
$ 17,494
|
Effective June
10,2022
(0.50 % Increase)
|
$ 17,581
|
Effective
September 1, 2022
(1.25%
Increase)
|
$ 17,801
|
Effective
September 1, 2023
(2.00%
Increase)
|
$ 18,157
|
4.2.5. Other Annual
Administrative Allowances
|
Learning
Leader Allowance
|
Effective until
June 9, 2022
|
$ 2,602
|
Effective June
10,2022
(0.50 % Increase)
|
$ 2,615
|
Effective
September 1, 2022 (1.25% Increase)
|
$ 2,648
|
Effective
September 1, 2023 (2.00% Increase)
|
$ 2,701
|
4.2.6. Teachers and
principals who serve concurrently in two (2) or more schools not located on the
same campus shall receive in addition to their applicable regular
salaries, an allowance of one thousand two hundred and eighty-two dollars
($1,282.00). This allowance does not apply to consultants, specialists,
strategies, system principals, or system assistant principals.
4.2.7. Principal Allowance
– Schools with Third Party Providers
The parties agree that the principal assigned to
the following schools will receive an annual allowance as per Clause 4.2.7.1 in
addition to the salary earned as a teacher and the applicable allowances under Article
4:
a) Children’s Village School
b) William Roper Hull School
c) Wood’s Homes School
d) Louise Dean School
The purpose of the allowance in Clause 4.2.7.1 is
to recognize the principal’s responsibility for ensuring one (1) or more third
party service provider deliver the clinical and therapeutic services as
specified in the contract between the School Division and the provider. The principal
shall be paid the allowance in Clause 4.2.7.1 for the duration of their
assignment to the school listed above (Clause 4.2.7 a through d).
4.2.7.1. School with Third
Party Providers allowance amounts:
|
Schools
with Third Party Providers Allowance
|
Effective until
June 9, 2022
|
$ 10,200
|
Effective June
10, 2022
(0.50 % Increase)
|
$ 10,251
|
Effective
September 1, 2022 (1.25% Increase)
|
$ 10,379
|
Effective
September 1, 2023 (2.00% Increase)
|
$ 10,587
|
The purpose of the allowance above in Clause 4.2.7.1. is
to recognize the principal’s responsibility for ensuring one (1) or more third party
service providers deliver the clinical and therapeutic services as specified in
the contract between the School Division and the provider. The principal shall
be paid the allowance above for the duration of their assignment to the school
listed above.
4.2.8. Allowances—Other
Personnel
In addition to the salary earned as a teacher,
incumbents of the following positions shall receive the applicable annual
administrative allowance as outlined below:
|
Consultant
Allowance
|
Specialist
Allowance
|
Strategist
Allowance
|
Effective until
June 9, 2022
|
$
5,170
|
$ 15,470
|
$ 5,170
|
Effective
June 10, 2022
(0.50 % Increase)
|
$ 5,196
|
$ 15,547
|
$ 5,196
|
Effective
September 1, 2022 (1.25% Increase)
|
$ 5,261
|
$ 15,742
|
$ 5,261
|
Effective
September 1, 2023 (2.00% Increase)
|
$ 5,366
|
$ 16,057
|
$ 5,366
|
4.2.9. A teacher appointed
to the position of consultant on or after December 18, 2007, shall be paid the
teacher’s current salary and allowances or the teacher’s current salary plus
the allowance for a consultant as set out in Clause 4.2.8, whichever is
greater.
A teacher appointed to the position of consultant
before December 18, 2007, shall be paid the allowance for a consultant set out
in Clause 4.2.8 in addition to the teacher’s salary and allowance at the time
of appointment.
4.2.10. System Principal
A teacher appointed to the position of system principal
shall be paid the teacher’s current salary and allowances or the teacher’s
current salary plus the allowance of a principal of a school with a staff fifty
(50) or more but fewer than sixty (60) teachers whichever is greater. Such
a position shall be term specific.
4.2.11. System Assistant
Principal
A teacher appointed to the position of system assistant
principal shall be paid the teacher’s current salary and allowances or the
teacher’s current salary plus the allowance of an assistant principal set out
in Clause 4.2.4 whichever is greater. Such position shall be term specific.
4.3. Red Circling
4.3.1. If a teacher's
administrative allowance would be reduced or terminated as a result of a
reorganization, School Division initiated transfer, or the operation of Clause 4.2.1,
the reduction shall not take effect for three (3) years.
4.3.2. If a teacher's
administrative allowance would be reduced or discontinued as a result of a
voluntary application on a position, red circling will not apply and
adjustments to the administrative allowance will have immediate effect.
4.4. Acting / Surrogate
Administrators – Compensation
A teacher who is appointed to the responsibilities
of a position with an administrative
allowance for more than four (4) consecutive school
days shall be paid the
administrative allowance of the appointed position
for the duration of the acting
assignment.
4.5. Administrative
Appointments and Designations
4.5.1. Subject
to Clauses 4.5.2, 4.5.3, 4.5.4, 4.5.9, 4.5.10, and 16 of this
collective agreement, all administrative designations and appointments shall be
continuing unless removed by the School Division in accordance with this collective
agreement and the Education Act.
4.5.2. Teachers appointed
to an administrative designation shall be appointed to that designation on a
probationary basis for up to one (1) year to determine the teacher’s
suitability for a continuing designation.
4.5.3. Teachers may be
appointed to a second (2nd) year of an administrative designation on
a probationary basis upon mutual consent. Reasons for a second (2nd)
probationary year shall be provided in writing to the teacher within thirty
(30) operational days of the notification.
4.5.4. The chief superintendent
of schools or delegated authority may recommend the removal of a probationary
designation referred to in Article 4.5 provided the removal of this designation
adheres to the Education Act and processes and criteria described in Appendix “B”
-Evaluation for Teachers with Administrative Designations Purpose.
4.5.5. Removal of a
probationary designation or failure to grant a continuing designation referred
to in Article 4.5, is subject to the arbitration procedure as outlined in Article
15.
4.5.6. The evaluation
process for administrative designations and appointments will adhere to Appendix
“B” -Evaluation for Teachers with Administrative Designations Purpose.
4.5.7. Teachers with
continuing administrative appointments and designations shall, in the event of
a termination of designation, refer any appeal to a Board of Reference under
the Education Act.
The provisions of the grievance and arbitration
procedure in Article 15 shall not apply to continuing administrative
appointments.
4.5.8. Upon resignation,
termination or expiration of an administrative designation, the teacher shall
be returned to a position no less favorable than occupied immediately prior to
the appointment to the administrative designation provided the teacher’s contract
of employment continues in force pursuant to the Education Act.
4.5.9. One (1) Year
Term – Subject to Re-appointment
Learning leaders shall be appointed
until June 30th and are subject to re-appointment each year.
4.5.10. Non-Renewal
Positions
Specialists, consultants, and strategists
are appointed on the basis of a minimum of three (3) year term appointments
which may be extended by the superintendent of human resources or delegated
authority for additional periods of time mutually agreeable to both parties.
Teachers appointed to a continuing designation as specialist prior to December
18, 2007, will maintain their designation. Teachers appointed to a continuing
designation as strategist prior to March 20, 2018 will maintain their
designation.
4.6. Other Administrator
Conditions
4.6.1. Schools shall have the
following administrative personnel in addition to the principal:
10 or more total FTE teaching staff
excluding the principal
|
One (1) assistant principal
|
17 or more total FTE teaching staff
excluding the principal
|
Two (2) assistant principals
|
Provided however, that in larger schools the
administrative organization may consist of a principal and assistant principals,
together with such other officials as may be necessary or desirable for the
efficient functioning of the school. The principal and staff of a school,
in consideration of the school’s educational needs, may make application to the
chief superintendent of schools or delegated authority for the appointment of
two (2) or more learning leaders in lieu of an assistant principal where the
school is entitled to such an appointment.
4.6.2. Except for learning leaders,
strategists and consultants who only receive the basic allowance in Clause 4.2.8
in addition to their grid salary, teachers appointed to administrative or
supervisory positions and assigned to School Division administrative offices
which operate on a year-round basis shall be entitled to an annual vacation of
not less than six (6) weeks, exclusive of the week between Christmas Day and
New Year’s Day. The length of vacation shall be determined by the workload of
the office and the teachers shall be so informed prior to April 30th
of each year.
4.6.3. Lieu Days
4.6.3.1. Principals will be
granted three (3) lieu day(s) per school year, to be taken prior to June 30th
of each year, at a time mutually agreeable to the principal and the superintendent
or designate.
4.6.3.2. Assistant principals
will be granted two (2) lieu day per school year, to be taken prior to June 30th
of each year at a time mutually agreeable to the assistant principal and superintendent
or designate.
4.6.3.3. Requests to take
lieu days during the month of June shall be submitted to the superintendent or
designate before April 30th of each year.
4.6.3.4. The above-mentioned
lieu days shall not be paid out.
5.1. Rates of Pay
5.1.1. The substitute
teachers’ daily rates of pay will be;
5.1.1.1. Effective until
June 9, 2022, the substitute teachers’ daily rates of pay will be $209.43 plus
six per cent (6%) vacation pay of $12.57 for a total of $222.00.
5.1.1.2. Effective June
10,2022, 0.50% increase, the substitute teachers’ daily rates of pay will be $210.48
plus six per cent (6%) vacation pay of $12.63 for a total of $223.11.
5.1.1.3. Effective
September 1, 2022, 1.25% increase, the substitute teachers’ daily rates of pay
will be $225.90 plus two per cent (2%) in lieu of benefits $4.52 for a total of
$230.42.
5.1.1.4. Effective
September 1, 2023, 2.00% increase, the substitute teachers’ daily rates of pay
will be $230.42 plus two per cent (2%) in lieu of benefits $4.61 for a total of
$235.03.
5.1.2. Half (1/2) days
will be paid at fifty per cent (50%) of the applicable full-day rate.
5.1.3. A substitute
teacher who accepts a job that begins at or before 10:30 a.m. and ends after
12:30 p.m. will be paid for a full day and cannot accept another assignment
for the same date.
5.2. Commencement of Grid
Rate
5.2.1. Substitute teachers
employed for a period of two (2) consecutive teaching days or more, as a
replacement for a specific teacher, shall be placed on the basic salary
schedule, according to teacher qualifications and experience, on the second (2nd)
and consecutive subsequent days in the same assignment. The application of this
provision shall not result in a reduction in earnings for the first (1st)
day of the assignment.
5.2.2. 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. By August 1st
of each year, a substitute teacher shall be issued a statement of the number of
days taught during the past school year.
5.3.2. Should a substitute
teacher be unable to work as a result of an injury sustained while performing their
duties for the School Division, the teacher shall be paid an amount of money
equal to the per diem rate specified in Clause 5.1.1 up to a maximum of twenty
(20) consecutive teaching days immediately following the injury, provided the
inability to work as a result of the injury is verified by a physician who is
acceptable to the School Division. Upon receiving written verification of this
injury causing the absence from work, the School Division shall pay for the
cost of completing the necessary documentation up to the maximum amount
specified in the Alberta Medical Association guidelines.
5.3.3. Substitute teachers
who have attained a minimum of three hundred (300) days of satisfactory
teaching service with the School Division in the previous seven (7) years, and
who have not been placed on the substitute roster at the start of the next
school year, shall upon request, be notified of the reasons in writing.
5.3.4. Substitute teachers
who are requested by the Department of National Defence (DND) for military
service shall be returned to the substitute roster, upon their request. Teachers
with a temporary contract who are requested by the DND for military service
shall be considered as a viable candidate for any appropriate vacant position
that is consistent with their previous teaching experience, upon their request.
5.3.5. Substitute teachers
who are advised by school administration when the substitute teacher arrives at
the school that their services are no longer required, shall be paid the half
day (1/2) rate.
5.3.6. Substitute teachers
required to travel by personal vehicle between assignments to provide service
at two (2) or more school sites in a single day shall be eligible to claim
travel expenses on the same basis as other eligible employees of the School
Division.
5.3.7. Each substitute
teacher on the substitute roster and who has worked eighteen (18) equivalent
days by December 31st of each year and who attends teachers’
convention will be paid the substitute daily rate under Clause 5.1 for each day
they attend. The Calgary City Teachers Convention Board will provide a list of
substitute teachers in attendance at the convention to the School Division.
Requests for payment for attendance at convention by substitute teachers will
not be accepted after April 15th each year.
5.3.8. No morning supervision
is expected for substitute teachers on the first (1st) day of
assignment, unless mutually agreed to by the substitute teacher and
administration.
5.3.9. Each substitute
teacher on the substitute roster who has worked eighteen (18) equivalent days
by December 31st of each year shall be provided with a payment of
one-half (1/2) of the daily rate identified in Clause 5.1.2 in recognition of
time spent completing mandatory School Division assigned safety training.
5.3.10. A substitute teacher
shall be retained on the substitute teacher roster in the subsequent school year
provided that they serve a minimum of forty (40) days in the current
school year.
5.4. Substitute
Teachers Benefits
5.4.1. The School Division
agrees to provide a group benefits plan for substitute teachers. The group
benefits plan refers to life insurance, accidental death and dismemberment,
extended health care benefits (hospitalization and major medical) and basic
dental insurance. The cost of the benefit plan premiums shall be one hundred per
cent (100%) paid by the substitute teacher. Participation in the plan shall be
a condition of employment for all substitutes who are not enrolled in plans
outlined in Article 7 of the collective agreement.
5.5. Substitute
teachers who incur expenses for parking at any of their assigned worksites
shall have their parking costs reimbursed by the School Division.
6. PART TIME TEACHERS
6.1. FTE Definition:
Part time teacher FTE will be determined by the ratio of the teacher’s actual
assignable time to the teacher assignable time of a full-time assignment in the
teacher’s school. This FTE will be used to calculate the maximum prorated
portion of a teacher’s instructional time.
6.2. Part Time Teachers
Salaries
6.2.1. Teachers employed
on a part time basis shall be paid salaries and applicable allowances as
provided in Articles 3 and 4 proportionate to the amount of time the teacher is
employed as it relates to full-time.
6.3. Other Part Time
Teacher Conditions
6.3.1. Job Sharing
6.3.1.1. Where two (2)
teachers on a continuing contract wish to share one (1) full-time teaching
position, they may apply to the superintendent of human resources or delegated
authority for a shared job assignment. Such application must be made no later
than June 1st of the school year immediately preceding the year in
which the job sharing is to take place.
6.3.1.2. A shared job
assignment may be granted by the superintendent of human resources or the
delegated authority in accordance with the following terms:
The proportion of a full-time position taught by each
teacher shall be mutually decided by the two (2) teachers and must be agreeable
to the superintendent of human resources or the delegated authority.
For the purpose of Clause 4.2.3 of this agreement, the two
(2) teachers sharing a teaching position shall be considered as one (1) teacher.
6.3.1.3. On approval of the
application of the teachers, the superintendent of human resources or the
delegated authority shall grant the shared job assignment for a guaranteed
period of one (1) school year. If the teachers involved wish to return to their
previous employment status, they must advise the superintendent of human resources
or the delegated authority in writing by March 31st of the school
year of the shared job assignment that they wish to return to their previous
employment status. If teachers in a shared job assignment do not advise the superintendent
of human resources or the delegated authority in writing by March 31st
of the wish to return to their previous employment status, they will continue
in the shared job assignment during the subsequent school year.
6.3.1.4. At the conclusion of
the shared job, the teachers shall return to their previous employment status (e.g.,
full time to full time, part time to part time).
6.3.1.5. In the event that
one (1) of the teachers in the shared teaching position ceases to perform their
teaching duties for any reason whatsoever, the superintendent of human resources
or the delegated authority may, upon fourteen (14) days notice in writing,
request the other teacher involved to assume the full-time duties of the
formerly shared position. Should the teacher refuse, the School Division shall
find a temporary replacement and the job share agreement terminates at the end
of the school year.
6.4. Alteration of Part
Time Equivalent
6.4.1. Teachers employed on a
part time basis shall not have their teaching assignment altered more than zero
point four (0.4) FTE per year unless by mutual agreement.
7. GROUP BENEFITS
7.1. Group Health Benefit
Plans, Carrier, and Premiums
7.1.1. The “Plan” refers
to life insurance, accidental death and dismemberment insurance, health
benefits (hospitalization, major medical and vision care), dental benefits and
extended disability insurance as outlined in the applicable group insurance
policies and until August 31, 2022, the Alberta Health Insurance Plan
(effective September 1, 2022, all references to the Alberta Health Care
Premiums or Insurance are removed from this collective agreement).
7.1.2. Subject to the
specified provisions of this agreement, the School Division shall contribute one
hundred per cent (100%) of the premium costs for the following benefit plans:
7.1.2.1. Life and
Accidental Death and Dismemberment (Schedule 2)
7.1.2.2. Supplementary
Health Benefit (extended health care plan)
7.1.2.3. Effective until
August 31, 2022, Alberta Health Care Insurance
7.1.2.4. Dental Plan
7.1.2.5. Extended
Disability Plan (D)
The School Division, irrespective of its current
benefit provider shall provide group health benefit plans that provide at least
equivalent to:
· Without
significant changes to coverage levels, one hundred per cent (100%) drug
reimbursement and drug card. Significant changes would be subject to approval
to the parties.
· The
Alberta School Employee Benefit Plan (ASEBP) Vision Care Plan 3
7.1.3. The School Division
shall administer the Plan in consultation with the Health and Wellness
Committee.
7.1.4. The Association,
upon request, shall be entitled to meet with the superintendent of human resources,
or the designated representative, for the purpose of reviewing concerns
relating to the Plans applicable to those covered by this agreement.
7.1.5. The School Division
agrees that no reduction in the amounts of benefits will occur without prior
approval of Association.
7.1.5.1. Any change in the
carrier for the Life, Accidental Death and Dismemberment and Extended
Disability plans shall be a shared decision by the parties arrived at through
collaboration.
7.1.6. If, during or after
the term of this agreement, the premium rates are more or less than the premium
rates in effect on the date of signing this agreement, the parties will
continue to pay the premiums in the proportions set out in Article 7 unless renegotiated.
7.2. Group Benefits Eligibility
7.2.1. Participation in
the Plan shall be a condition of employment for all teachers commencing
employment for a full school year.
7.2.1.1. Notwithstanding Clause
7.2.1, participation in the life, accidental death and dismemberment and
extended disability plans shall be limited to teachers employed under contracts
of zero point two (0.2) FTE or more.
7.2.2. Benefits shall be
provided to teachers employed for less than a full school year on the following
basis:
a) For contracts of fewer
than ninety (90) calendar days duration, participation in the benefits plan
referred to in Clause 5.4.1 shall be a condition of employment on the same
basis as that which applies to substitute teachers.
b) For contracts of ninety
(90) calendar days duration or more, participation in the group benefits plan
outlined in Article 7 shall be a condition of employment on the same basis as
that which applies to teachers on continuing contracts.
Notwithstanding (a), participation in the group
benefits plan outlined in Article 7 shall be a condition of employment for a
teacher with multiple consecutive contracts of fewer than ninety (90) calendar
days duration on the same basis as that which applies to teachers on continuing
contracts, effective upon the commencement of the contract that includes the
ninetieth (90th) consecutive calendar day on contract.
7.2.3. Subject to the
policies of the ASEBP, teachers on probationary contracts or temporary
contracts of longer than ninety (90) calendar days (as per Clause 7.2.2 (b))
who sign a contract for the following school year by June 30th of
the current school year shall remain on the benefit plans and have premiums
paid as per Clause 7.1.2.
7.3. Health Spending
Account (HSA) and Personal Wellness Spending Account (WSA)
7.3.1. Effective September
1st each year, the School Division will provide an HSA / WSA of two
hundred and fifty dollars ($250.00) for each teacher who commences a
probationary contract, or temporary contract of one (1) year’s duration between
July 1st and September 30th.
7.3.2. Effective January 1st
each year, the School Division will contribute seven hundred and fifty dollars
($750.00) to an HSA / WSA for each teacher on a continuing contract.
7.3.3. Effective
January 1st each year, the School Division will contribute five
hundred dollars ($500.00) to an HSA / WSA for each teacher on a probationary
contract or a temporary contract of one (1) year’s duration.
7.3.4. A detailed
description of the HSA / WSA will be made available to all eligible teachers.
Allocations for HSA / WSA shall apply as per Clause 7.3.1, 7.3.2 and 7.3.3.
7.3.5. Eligible teachers
shall be actively at work, on maternity leave, on paid sick leave or on
extended disability. The School Division’s HSA / WSA contribution shall be
prorated for teachers on part time contracts. The unused balance will be
carried forward to the extent permitted by law. Teachers leaving the employ of the
School Division will forfeit any remaining balance.
7.4. Other Group Benefits
7.4.1. The School Division
and the Association agree that the Employment Insurance Premium Reduction has
been shared, in accordance with the provisions of Section 69 of the Employment
Insurance Act, through application of the employee share of the savings to
offset the cost of other benefits contained in this agreement.
7.4.2. Personal Injury and
Property Protection
7.4.2.1. Where a teacher is
absent from work for reason of a disability resulting from an accident incurred
at work and during the performance of the teacher’s duties, including
participation in work sponsored activities external to the teacher’s normal
place of work in which the teacher is acting as the school authority, a teacher
who is on the accumulative sick leave system shall be eligible to receive
additional sick leave so that when added to the teacher’s accumulated sick
leave ensures there will be no interruption of salary for the remainder of the
elimination period for the Extended Disability Plan.
7.4.2.2. Where, as a result
of maintaining order and discipline among students, a teacher suffers damage or
destruction to clothing, eyeglasses, personal electronic devices, or personal
property being used in the workplace in the course of employment duties, the
teacher shall be entitled to receive reasonable compensation for financial
losses incurred. The School Division shall determine the amount of
compensation, upon being provided with such documentation as may be required.
7.4.2.3. A rehabilitation
program (coordinated through the Employee Health Resource Centre) is offered by
the School Division. Teacher participation is voluntary.
7.4.2.4. In the event a
teacher receives sick leave benefits from the School Division as a result of an
act or omission of a third party, the School Division is subrogated to any
right of recovery of the teacher from the third party.
The teacher shall advise the School Division in
advance of the teacher’s intention to initiate any claim against the third
party. If the teacher does not initiate a claim, the School Division shall have
the right, but not the obligation, to initiate a claim in the name of the
teacher.
Upon receipt of a settlement or judgment, the teacher
shall pay to the School Division the recovered sick leave benefits.
7.4.3. Retired Employee
Benefits Package
7.4.3.1. The School
Division Retired Employee Benefit package is available to all eligible
employees covered by this agreement.
7.4.3.2. Teachers who have
reached fifty-five (55) years of age but have not as yet reached sixty-five
(65) years of age and have at least ten (10) years of service with the School
Division, shall at the time of retirement, be provided with the option to
participate in the School Division Retired Employee Benefit Package.
7.4.3.3. The package
includes supplementary health care, dental coverage and life insurance coverage
until the employee reaches the age of sixty-five (65) and may include, at the
employee’s option, a paid-up life insurance policy issued following the
employee’s sixty-fifth (65th) birthday.
7.4.3.4. The cost sharing
of the premiums for this package, at the time of retirement until age
sixty-five (65), for employees who retire on or after September 1, 2009, is as
follows:
Length of Service
|
% Paid
by School Division
|
% Paid
by Retiree
|
10+
Years
|
0%
|
100%
|
7.4.3.5. Notwithstanding
the term of this agreement stated in Clause 2.1, the provisions of this clause
are intended to remain in force beyond the expiry of the collective agreement.
8.1. Teacher
Instructional and Assignable Time
8.1.1. Effective until
August 31, 2022, a teacher not in receipt of any administrative allowance will
not be assigned duties in excess of thirty (30) hours per week, averaged over
the school year. A maximum of 907 hours per year shall be devoted to the
instruction of students.
8.1.1. Effective September
1, 2022, teacher instructional time will be capped at nine hundred and sixteen
(916) hours per school year commencing the 2022-2023 school year.
8.1.2. Effective September
1, 2022, teacher assignable time is capped at twelve hundred (1200) hours per
school year.
8.2. Assignable Time
Definition
8.2.1. Assigned Time is
defined as the amount of time that the School Division 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) School Division and school
directed professional development, time assigned to teacher for 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; and,
h) other activities that are
specified by the School Division to occur at a particular time and place within
a reasonable workday.
8.2.2. Teachers have
professional obligations under the Education Act and regulations made pursuant
to the Education Act, as well as the Teaching Quality Standard, which may
extend beyond what is assigned by School Division. 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 Clause
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) kilometres. In such instances, assignable time will be
calculated as one quarter (1/4) of an hour for every twenty (20) kilometres
traveled in excess of the eighty (80) kilometre threshold.
c) The time is spent
traveling to and from the teacher’s annual convention.
8.3. Duty Free Lunch
The School Division will provide each teacher
assigned work for five (5) hours or longer a thirty (30) minute rest period
during each five (5) hours worked.
8.3.1. Where an unbroken
thirty (30) minutes of rest is not practicable, the rest period may be broken
into two (2) periods of no less than fifteen (15) minutes each. Such
arrangement must be agreed to in writing by the teacher and the School
Division.
8.3.2. When reasonable,
this break shall occur in the middle of the assignment.
8.3.3. These provisions
may be waived if an accident occurs, urgent work is necessary or other
unforeseeable or unpreventable circumstances occur, or it is not reasonable for
the teacher to take a rest period.
8.4. Other Conditions of
Practice
8.4.1. Staff deployment is
the responsibility of the principal and their teaching staff. Where a teacher
is concerned about the pedagogical appropriateness of an assignment, it should
be discussed confidentially with the principal so that deployment decisions may
be reconsidered as applicable.
8.5. Extracurricular
8.5.1. It is understood that
teachers are expected to participate in those aspects of student activities
which are normal extensions of the classroom program. Also, it is understood
that some parameters for extracurricular activities are necessary in order to ensure
both the quality of classroom instruction and a viable workload for teachers.
The extent of school involvement in extracurricular activities must be
determined by the principal and their staff. Teachers who have chosen to
undertake a specific extracurricular activity shall be committed to that
activity for its duration in that school year unless an emergent situation
prohibits continuance. Voluntary participation in extracurricular activities
cannot be the rationale for an internal transfer.
8.6. School Calendar
8.6.1. Teachers will render
service for not more than two hundred (200) consecutive days, commencing the
opening day of school in each school year, exclusive of vacation periods, weekends,
and holidays.
8.6.1.1. Notwithstanding the
above Clause 8.6.1, it is recognized that teachers who are in receipt of an
administrative or supervisory allowance, shall accept the professional
responsibility of having their schools operational on the opening day of school
each school term, semester, or other division of the school year.
8.6.1.2. In a like manner,
such teachers shall accept the professional responsibility of completing all
activities connected with school closing.
8.6.1.3. Notwithstanding Clause
8.6.1, a teacher who is not in receipt of an administrative or supervisory
allowance who renders service during a vacation period, at the request of the chief
superintendent of schools, or the delegated authority, shall be paid one four
hundredth (1/400th) of the teacher’s total annual salary for each
half (1/2) day of work or be given equivalent time off in lieu.
8.6.1.4. Notwithstanding Clause
8.6.1, a teacher who is in receipt of an administrative or supervisory
allowance who renders service during a vacation period, at the request of the chief
superintendent of schools, or the delegated authority, shall receive time off
in lieu during the school year for the actual time worked or be paid one four
hundredth (1/400th) of the teacher’s total annual salary and
allowances for each half (1/2) day of work.
8.6.2. In each year there
shall be two (2) non-instructional organizational days and three (3) non-instructional
professional development days, the activities of which shall be determined by
the staff of each school as described in the Staff Involvement in School
Decisions document (Feb 2012, as amended from time to time). The staff may
be requested to submit a report as to the fulfilment of the plan of activities
to the director within a reasonable time after each of the five (5) days.
8.6.2.1. Organizational days
are devoted to activities designed to address system, school, department / grade
level or individual organizational needs.
8.6.2.2. Professional development
days are devoted to professional learning. Activities must be connected to best
practices for student success, and will consider the School Division three-year
plan, the school development plan, and teachers’ professional needs.
8.6.2.3. The principal is
responsible to ensure that activities fit the definition of professional development
day and organizational day activities as described in the Staff Involvement
in School Decisions document (Feb 2012, as amended from time to time).
9.1. Teacher
Professional Growth Plan
9.1.1. Teacher
Professional Growth Plans will consider but will not be required to include the
School Division’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. The School Division
and / or schools are not restricted in developing their own staff development
plan in which the School Division and / or school may require teachers to
participate.
9.2. Professional Improvement
Fellowship
Professional Improvement Fellowships shall be
granted for the pursuit of university or other formal academic studies. They
also shall be granted to enable the teacher to obtain specific skills training
or carry out an approved research project. Fellowships are granted for
activities of up to one (1) year’s duration subject to the limitations outlined
in this article. A portion of the Fellowship may be taken as a research grant
pursuant to prevailing Income Tax Regulations.
9.2.1. Eligibility for
a Fellowship
9.2.1.1. Teachers on
continuing contracts of employment are eligible for and may apply for a
Professional Improvement Fellowship (Fellowship) for activities of one (1)
year’s duration provided they have been employed by the School Division as a
teacher for a period of at least seven (7) consecutive years, immediately
preceding the commencement of the Fellowship.
9.2.1.2. Teachers on
continuing contracts of employment are eligible for and may apply for a
Professional Improvement Fellowship for activities of up to one-half (1/2)
year’s duration provided they have been employed by the School Division as a
teacher for a period of at least five (5) consecutive years immediately
preceding the commencement of the Fellowship.
9.2.1.3. Fellowships shall
be granted to teachers who meet the established criteria and whose applications
are deemed by the Review Committee for Professional Improvement Fellowships, to
be for activities which are responsive to the learning needs of students, and
which will contribute to the professional growth of the teacher. Professional
Improvement Fellowships will be recommended only after full consideration has
been given to the needs of the school system, to the availability of teacher
replacements and to the opportunities for employment upon return from a
professional improvement activity.
9.2.1.4. A teacher may be
granted more than one (1) full year Professional Improvement Fellowship
provided that such Fellowship is not less than five (5) years from the
conclusion of the preceding Fellowship.
9.2.1.5. Notwithstanding
the eligibility requirements specified in this Article, the duration of the
required period of prior service in Clauses 9.2.1.1 and 9.2.1.2 may be waived
in circumstances identified by the Review Committee.
9.2.2. Number of
Fellowships Available
9.2.2.1. The total value of
the Professional Improvement Fellowships available in any one (1) school year
shall not be less than zero point four per cent (0.4%) nor more than zero point
eight per cent (0.8%) of the salary grid cost calculated on September 30th
of the year prior to that in which the Fellowships are to be provided. Should
the total cost of the Fellowships granted by May 1st be less than
the amount established as the minimum for that year, the remainder shall be
retained in the Professional Improvement Fellowship fund for the subsequent
year. The Review Committee for Professional Improvement Fellowships may
recommend to the School Division and the Association Local 38 that money
allocated to the Professional Improvement Fellowship fund be transferred to the
Staff Development Fund. Such a transfer shall be made with the approval of the
School Division and the Association Local 38.
9.2.2.2. A minimum of twenty-five
per cent (25%) of the annual contribution to the fund shall be allocated as pay
in lieu of salary for the fellowships granted in lieu of salary for the
activities of one-half (1/2) year’s duration or more. This minimum allocation
does not apply to the unused portion of the annual contribution retained in the
fund for the subsequent year.
No later than November 1st each year, the
School Division shall provide the Association Local 38 with an accounting of
the fund for the previous school year, indicating the amount:
a) Paid in lieu of salary for
the activities of one-half (1/2) year’s duration or more.
b) Paid in lieu of salary for
the activities less than one-half (1/2) year’s duration.
c) Paid for non-salary expenses;
and
d) Carried forward to the
subsequent year.
9.2.3. Application
Procedure
9.2.3.1. Applications for
Fellowships shall be submitted to the chief superintendent of schools or
delegated authority in the school year prior to the date the activity requiring
a Fellowship is to commence. Requests for Professional Improvement Fellowships
must be submitted by the following dates:
a) For activities of one-half
(1/2) year’s duration or more, December 1st;
b) For activities of less
than one-half (1/2) year’s duration, December 1st and also March 1st.
The Review Committee may invite applications at any
time during the year for activities in the current or subsequent year provided
that funds are available.
9.2.3.2. All applications
for a Fellowship shall be accompanied by a clear statement of the purposes to
be achieved, the expected accomplishments and the documentation by which
satisfactory completion of the Professional Improvement Fellowship could be
measured.
9.2.4. Selection
Procedure
9.2.4.1. The Review
Committee for Professional Improvement Fellowships shall be established prior
to June 30th each year and shall be composed of three (3)
representatives appointed by the Association Local 38, and four (4)
representatives appointed by the chief superintendent of schools. The committee
shall:
a) Receive, from the School
Division, criteria of a general nature to be used in selection of the
applicants for Professional Improvement Fellowships; and
b) Identify candidates to be
recommended to the superintendent’s team for approval.
9.2.5. Method of Payment
9.2.5.1. A teacher granted a
Professional Improvement Fellowship shall be paid, in lieu of salary, monthly
instalments equal to seventy-five per cent (75%) of the earnings to which the
teacher would have been entitled had the teacher not been engaged in a
professional improvement activity and receiving a Professional Improvement
Fellowship. The teacher shall have their benefits continue as per Article 7 of
this agreement.
9.2.5.2. Notwithstanding the
provisions of Clause 9.2.5.1, the teacher may apply to receive a portion of the
Professional Improvement Fellowship in the form of a School Division Professional
Improvement Fellowship Research Grant. The amount of the grant, not to exceed
twenty five per cent (25%) of the value of the Fellowship, will be deducted
from the total Professional Improvement Fellowship otherwise payable by the
School Division.
9.2.5.3. Notwithstanding the
provisions of Clause 9.2.5.1, the Review Committee may approve reimbursement of
professional improvement fellowship expenses, including but not limited to
tuition, books and materials, travel, and subsistence or for related substitute
teacher costs.
9.2.6. Conditions of
Fellowships
9.2.6.1. Teachers desiring
to be employed in a remunerative occupation while in receipt of a Professional
Improvement Fellowship must receive prior approval by the chief superintendent
of schools or delegated authority.
9.2.6.2. The activity for
which the Professional Improvement Fellowship is paid shall be deemed to be an
assignment. However, the period of time involved shall not count toward the
accumulation of teaching experience with the School Division for the purpose of
awarding increments pursuant to Clause 3.4.
9.2.6.3. Upon return from the Fellowship, the
teacher shall be reinstated to the position the teacher held when the
Professional Improvement Fellowship commenced or be provided with alternative
work of a nature consistent with the previous experience of the teacher or with
the training gained by the teacher while on leave, at no less than the salary
and allowances that were applicable at the time the leave commenced. The
applicable salary shall be in accordance with verified qualifications at the
time of recommencement of duties.
9.2.6.4. Upon return from
a Fellowship, teachers who held a continuing administrative designation and who
received an allowance as per Article 4 of this agreement at the time the
Fellowship was granted, shall be placed in the first suitable position
available and shall retain the designation provided the designation continues
to exist in the School Division.
9.2.6.5. Upon return from
a Fellowship, teachers who held a term administrative designation and who received
an allowance as per Article 4 of this agreement at the time the Fellowship was
granted, shall be placed in the first suitable position available and shall
retain the designation provided the designation continues to exist in the
School Division, for the remaining portion of the term of the administrative
designation.
9.2.6.6. Should a teacher
return to service before the expiry date of the Fellowship, Clauses 9.2.6.3 and
9.2.6.4 of this Article shall apply only at the date the Fellowship was
originally to expire.
9.2.6.7. Upon return from
a professional improvement activity and prior to re-commencement of regular
duties, a teacher shall provide the chief superintendent of schools or
delegated authority with a resume of the activities or studies accomplished
during the period of the Fellowship as evidence of compliance with the
application under which the Fellowship was granted.
9.2.6.8. A teacher granted a full year’s
Professional Improvement Fellowship shall undertake to return to regular duties
at the beginning of the school year following the expiration of the period
covered by the Professional Improvement Fellowship and shall further undertake
not to resign or retire from the services of the School Division for at least
two (2) years after recommencement of regular duties.
9.2.6.9. Teachers granted
half (1/2) year Professional Improvement Fellowships shall undertake to return
to regular duties immediately after termination of the period covered by the
Professional Improvement Fellowship and shall not resign or retire from the
services of the School Division for at least one (1) year after re-commencement
of regular duties.
9.2.6.10. Teachers granted
Professional Improvement Fellowships for less than one-half (1/2) year’s
duration shall undertake to return to regular duties immediately after
termination of the period covered by the Professional Improvement Fellowship
and shall not resign or retire until the end of the school year or until the
end of the next full semester, whichever is the later date after
re-commencement of regular duties.
9.2.6.11. In the event that
a teacher does not achieve the purpose of the Fellowship the teacher shall
reimburse the School Division for the amount of the Professional Improvement
Fellowship received. If the teacher resigns or retires at any time before
completing the return to service requirements outlined above, the teacher shall
pay the School Division a percentage of the total value of the Professional
Improvement Fellowship equal to the percentage of time remaining in the term of
required service.
9.2.6.12. A one-half (1/2)
year general leave may be requested by the teacher in combination with a
professional improvement activity of one-half (1/2) year’s duration.
9.2.7. Conditions of
Fellowship—Expenses
9.2.7.1. The conditions of
fellowships in the Clauses in 9.2.6 do not apply to a teacher in receipt of a Professional
Improvement Fellowship consisting solely of expense reimbursement pursuant to Clause
9.2.5.3.
9.2.7.2. A teacher in receipt
of a Professional Improvement Fellowship consisting of expense reimbursement
pursuant to Clause 9.2.5.3 must provide the chief superintendent or delegated
authority with evidence of compliance with the application under which the
Fellowship was granted in order for the expenses to be reimbursed.
9.3. Staff Development
Fund
9.3.1. A fund in the amount
of one million, one hundred and fifty thousand dollars ($1,150,000) is
available annually to teachers or groups of teachers for the purpose of
professional development. This fund shall be known as the Staff Development
Fund. This amount will be distributed to the Association Local 38 in two (2)
equal amounts. The first (1st) amount will be provided during the last
business week in August and the second (2nd) amount during the first
(1st) business week in January.
9.3.2. The Association Local 38
shall administer and control the distribution of the Staff Development Fund.
The Association Local 38 shall provide an annual report to the chief superintendent
of schools or delegated authority indicating disbursement of the funds and
staff development priorities.
9.3.3. In the event that
unallocated funds in the Staff Development Fund exceed the current year’s
annual amount as of August 31st each year, the School Division’s
contribution in the subsequent year shall be reduced by the amount of the
excess.
9.3.4. An advisory committee
of four (4) teachers and a representative to be named by the chief superintendent
of schools or delegated authority will be appointed to review and revise the
guidelines for the fund. The committee will meet as required and shall consider
and support the staff development priorities of the School Division.
9.3.5. Any teacher or group
of teachers may make application to the Association Local 38 in accordance with
the guideline processes published by the Staff Development Fund Advisory
Committee. Leaves are subject to the need for and the availability of
substitute teachers.
10.1. Sick leave with pay
shall be granted to a teacher on account of injury to or the illness or
disability of the teacher, or for the purpose of obtaining necessary medical or
dental treatment.
10.2. A teacher shall, upon
commencement of employment under contract, have access to twenty (20) school
days of sick leave in their first (1st) year of employment. The
twenty (20) school days of sick leave will be prorated when the contract of
employment is for less than a full school year.
10.2.1. Notwithstanding Clause
10.2, a teacher employed on a probationary contract of employment, who becomes
disabled from work and whose claim is accepted and approved by the extended
disability carrier, shall be entitled to ninety (90) calendar days of sick
leave calculated retroactively to the first (1st) date of
disability.
10.3. For purposes of this
Article only, a teacher who has completed eight (8) cumulative months under
contract with the School Division, and provided that one (1) of the contracts
is for four (4) or more consecutive months, shall upon re-employment under
contract within a five (5) year period, be considered to be in their second (2nd)
year of employment.
10.4. A teacher in their
second (2nd) year or any subsequent year of employment under
contract shall have access to ninety (90) calendar days of sick leave.
10.5. Upon return to regular
duties following an absence due to illness a teacher shall have access to:
10.5.1. Prior to the second (2nd)
year of employment as defined in Clause 10.3, any unused portion of their sick
leave as per Clause 10.2.
10.5.2. In the second (2nd)
and subsequent years of employment as defined in Clause 10.3, ninety (90)
calendar days of sick leave.
10.6. After ninety (90)
calendar days of continuous disability due to illness and / or injury, no
further salary shall be paid and upon approval of the carrier, the Extended
Disability Plan shall take effect.
10.6.1. Notwithstanding the
specific provisions of Article 10, a teacher who is eligible to receive
Extended Disability Benefits shall receive no further salary and / or allowance
from the School Division. The Extended Disability Plan shall take precedence.
10.7. A School Division Certificate
of Illness (HR-B025-01) completed by a qualified medical or dental
practitioner is required by the School Division for sick leave, where the
absence is for a period in excess of five (5) teaching days. When a receipt for
the cost of completing the certificate is submitted at the same time as the
completed Certificate of Illness is submitted, the School Division shall pay an
amount up to the maximum specified in the Alberta Medical Association
guidelines. This certificate shall only be amended by agreement between the
parties.
10.8. A teacher who has been
absent due to illness for thirty (30) or more calendar days shall be required
to provide a completed Return to Work Certificate (HR-B038-01) before returning
to regular duties. This Return to Work Certificate shall verify that the
teacher is able to return to regular duties on a continuing basis. When a
receipt for the cost of completing the certificate is submitted at the same
time the completed Return to Work Certificate is submitted, the School Division
shall pay an amount up to the maximum specified in the Alberta Medical
Association guidelines. This certificate shall only be amended by agreement
between the parties.
10.9. The requirement for a
medical certificate may be waived by the School Division in the event of a
declared epidemic or pandemic upon notification to the Association.
10.10. The School Division
shall implement the recommendations of the Sick Leave Committee constituted in
the 2007-2012 collective agreement.
11. MATERNITY, ADOPTION AND PARENTAL LEAVE
11.1. Maternity Leave
11.1.1. Upon request, a
teacher shall be entitled to maternity leave of absence for a period of up to
sixteen (16) weeks commencing within thirteen (13) weeks prior to the estimated
due date and no later than the actual date of the birth of the teacher’s child.
11.1.2. Maternity leave
shall be without pay and benefits except as provided in Clause 11.3.
11.1.3. A teacher shall,
when possible, give the School Division three (3) months but no less than six
(6) weeks written notice of their intention to take a maternity leave. Such
notice shall be accompanied by a medical certificate or written statement from
a midwife registered with the College of Midwives of Alberta indicating that
the teacher is pregnant and giving the estimated date of birth.
11.1.4. The teacher may
terminate the health-related portion of the maternity leave at any time with a
medical certificate indicating their fitness to return to work. The teacher
shall give the School Division no less than four (4) weeks notice, in writing,
of the intended date of return.
11.1.5. Upon expiration of
the leave provided pursuant to Clause 11.1.1, the teacher shall be reinstated
in the position the teacher occupied at the time the leave commenced or in a
mutually agreed upon position. In any case, in accordance with the Employment
Standards Code and this collective agreement, the teacher will be provided with
an alternative position of a comparable nature.
11.2. Parental Leave
11.2.1. Upon request, a
teacher shall be entitled to parental leave of absence for the birth or
adoption of a child. The leave shall be for a period of up to sixty-two (62)
weeks to be taken within seventy-eight (78) weeks of the child’s birth or
placement in the home.
11.2.2. Parental leave shall
be without pay and benefits except as provided in Clause 11.3.
11.2.3. The teacher shall
give the School Division at least six (6) weeks written notice of the teacher’s
intention to take a parental leave. Specifically, in the case of adoption, the
teacher will provide as much notice as possible.
11.2.4. The teacher may
terminate the leave at any time. The teacher shall give the School Division no
less than four (4) weeks notice, in writing, of the intended date of return.
11.2.5. Upon expiration of
the leave provided pursuant to Clause 11.2.1, the teacher shall be reinstated
in the position the teacher occupied at the time the leave commenced or in a
mutually agreed upon position. In any case, in accordance with the Employment
Standards Code and this collective agreement, the teacher will be provided with
an alternative position of a comparable nature.
11.2.6. If teachers under Clause
11.2.1 are parents of the same child, the parental leave granted may be taken
by one (1) teacher or shared by both teachers. In any case, the School Division
may grant but is not required to grant parental leave to more than one (1)
parent of the child at the same time.
11.3. Salary Payment and
Benefit Premium Health Related
11.3.1. The School Division
shall top up Supplementary Employment Benefits (SEB) to one hundred per cent (100%)
of the teacher’s weekly salary for the duration of the health-related portion
of the maternity leave at a minimum of six (6) weeks to a maximum of ninety
(90) calendar days, or to the extent of sick leave entitlement as per Article
10.
11.3.2. When the teacher is
not eligible for Employment Insurance Benefits, the teacher will have access to
sick leave benefits as per Article 10.
11.3.3. The teacher shall
provide a medical certificate or written statement from a midwife registered
with the College of Midwives of Alberta in order to access the SEB plan or sick
leave.
11.3.4. The School Division
shall pay the portion of the teacher’s benefits plan premiums and contribute HSA
/ WSA amounts specified in Article 7.0
of the collective agreement for sixteen (16) weeks of maternity leave.
11.3.5. The School Division
shall pay the portion of the teacher’s benefits plan premiums specified in
Article 7.0 of the collective agreement for thirty-six (36) weeks of parental
leave. The HSA / WSA will remain active for the duration of parental leave, but
no further credits will be contributed to the HSA / WSA during this time.
11.4. Benefits—Prepayment
or Repayment of Premiums During Unpaid Portion of Leave
11.4.1. Teachers may prepay
or repay benefit premiums payable during the duration of parental leave.
11.4.2. Subject to the terms
and conditions of the benefits insurance carrier policies, teachers on parental
leave may make arrangements through the School Division to prepay one hundred
per cent (100%) of the benefit premiums for applicable benefits provided for in
the existing collective agreement, for a period of up to eighteen (18) months.
11.4.3. Notwithstanding Clause
11.3, subject to the terms and conditions of the benefits insurance carrier
policies, upon request by the teacher, the School Division will continue paying
the School Division portion of the benefit costs for a teacher on parental
leave, for the remainder of the parental leave, up to eighteen (18) months,
provided the teacher repays the School Division portion of the benefit
premiums.
11.4.4. A teacher who
commits to Clause 11.4.3 is responsible to repay the amount of the School
Division paid benefit premiums and shall reimburse the School Division upon
return from the leave, in a mutually agreeable, reasonable manner over the
period of no more than eighteen (18) months following the teacher’s return to
duty.
11.4.5. If a teacher fails
to return to their teaching duties, the teacher shall be responsible to
forthwith repay the School Division paid benefit premiums and shall reimburse the
School Division upon receipt of an invoice.
11.4.6. If a teacher has not
fully repaid the cost of benefit premiums previously paid by the School
Division under Clause 11.4.3 the teacher is not eligible to reapply for
additional consideration under Clause 11.4.3.
12.1. Teachers shall be
allowed personal leave up to and including five (5) days in any one (1) school
year with the loss of substitutes’ pay only and shall be deducted full salary
for days absent for personal reasons in excess of five (5) days in any one (1) school
year. One (1) of the aforementioned five (5) personal leave days shall be with
full pay and benefits.
12.2. When taking personal
leave with loss of substitute’s pay, the deduction shall apply whether
substitute coverage is required or not.
12.3. Up to two (2) days may
be carried over for use by June 30th of the next school year.
12.4. The teacher shall
advise the principal or immediate supervisor of the scheduled leave, with as
much advanced notice as possible but shall endeavour to provide at least two
(2) days’ notice, except where emergent circumstances prevent advance notice.
Such notice shall describe the measures taken to meet operational needs. It is
not intended that this leave be used during Teachers’ Convention or to extend
holiday periods. A holiday period in this Article shall mean any scheduled
break in operational days greater than four (4).
In the event of emergent and unforeseen
circumstances outside of the teacher’s control or an emergent and unforeseen
major family event, consideration shall be given to an application for an
exception to extend a holiday period. Such an application may be made in
writing to the superintendent, human resources or delegated authority outlining
the emergent and unforeseen circumstances. A teacher will be provided, in
writing, the rationale for the denial of any such requests.
12.5. The School Division
may limit the number of teachers granted personal leave for direct
participation in or attendance at a specialist conference at the local,
provincial, national, or international level.
Effective until August 31, 2022
13.1. A teacher shall be
granted leave of absence with pay provided the School Division is reimbursed by
the Association for the actual costs of the substitute, including the School
Division 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 Division 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 Division. The
Association will reimburse the School Division as per Clause 13.1. Such leaves
will not be unreasonably denied.
13.3. Where the Association
requests a secondment for a teacher who is elected to Provincial Executive
Council, as the president of the Association Local 38, or other Association Local
38 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 Division, the teacher, and the Association and is at no cost to the
School Division.
13.3.1. Upon request for
leave, the president, the Teacher Welfare Committee chair and one (1) other
Association Local 38 official, as designated by the Association Local 38, shall
be seconded from the School Division to the Association Local 38.
13.4. During such
secondment, the School Division 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 Division for all payments made by the
School Division to the teacher or on their behalf while on secondment under
this Article.
Effective September 1, 2022
13.1. The parties
acknowledge the importance of working collaboratively when arranging for
mandatory or discretionary leaves and secondments in this Article by providing
advance notice when possible and committing to making best efforts in resolving
challenges.
13.2. A teacher shall be granted
leave of absence with pay provided the School Division is reimbursed by the
Association for the actual costs of the substitute, including the School
Division portion of statutory benefit contributions, to fulfill the duties as
an elected or appointed member of the Alberta School Employee Benefit Plan
Board of Trustees, the Alberta Teachers’ Retirement Fund Board of Directors, or
the Association’s Provincial Executive Council, Discipline and Practice Review
Committees, and central and local table negotiating committees.
13.3. Upon written request
to the superintendent or designate, the School Division 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 Division. The
Association will reimburse the School Division as per Clause 13.1. Such leaves
will not be unreasonably denied.
13.4. Where the Association
requests a secondment for a teacher who is elected to Provincial Executive
Council, as the president of a Association Local 38, or other Association Local
38 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 Division, the teacher, and the Association and is at no cost to the
School Division.
13.5. During such
secondment, the School Division 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 Division for all payments made by the School
Division to the teacher or on the teacher’s behalf while on secondment under
this Clause.
14.1. Attendance Management
14.1.1. Teachers unable to
carry on their duties, due to causes covered by the terms of the agreement,
shall give, if possible, at least two (2) hours’ notice to human resources
before school assembles, so that proper substitutes may be
obtained. Before returning to duty, the absent teacher shall notify human resources
of such intended return. If returning for the morning sessions, the
notification must be given before 6:00 a.m. and for afternoon sessions,
before 10:00 a.m. Failure to observe this regulation shall result in the
loss to the teacher of one-half (1/2) day’s salary whether the substitute
teacher is required or not, provided however, at the discretion of the superintendent
of human resources or delegated authority, after investigations of the
circumstances, the charging of a substitute teacher’s salary may be waived.
14.1.2. The School Division
may require a teacher who takes leave under Clauses 14.6 to 14.10 to provide
evidence reasonable in the circumstances that the teacher is entitled to the
leave. In the event the teacher fails to provide evidence satisfactory to the
School Division, the teacher’s absence will be personal leave in accordance
with Article 12.
14.2. General Discretionary
Leave of Absence
14.2.1. Upon application by the
teacher a general discretionary leave of absence may be granted at no cost to the
School Division for a period of up to one (1) year.
14.2.2. Applications shall be
submitted to the superintendent of human resources or delegated authority by
March 15th of the school year prior to the commencement of the
leave, except in the event of emergent or unforeseen circumstances.
14.2.3. A general discretionary
leave may be extended for an additional period upon written application by the
teacher and upon approval by the superintendent of human resources or delegated
authority. Requests to extend a general discretionary leave of absence shall be
submitted by March 15th of the school year of the general
discretionary leave.
14.2.4. Should the application
be refused, the applicant will be given a letter stating the reasons for
refusal.
14.2.4.1. Upon request, a
teacher may, with prior approval of the superintendent of human resources or
delegated authority return to duties in advance of the scheduled return date
provided a suitable position is available.
14.2.5. Each teacher, scheduled
to return to duties at the start of the school year following a general
discretionary leave of absence, shall notify the superintendent of human resources
or delegated authority in writing by March 15th of the previous
school year confirming the teacher’s decision to return to duties.
14.2.6. Each teacher, scheduled
to return to duties at any time other than the start of a school year following
a general discretionary leave of absence, shall notify the superintendent of human
resources or delegated authority in writing, at least sixty (60) calendar days
prior to the scheduled return date confirming the teacher’s decision to return
to duties.
14.2.7. Each teacher, scheduled
to return to duties following a general discretionary leave of absence granted
in the event of emergent or unforeseen circumstances, shall notify the superintendent
of human resources or delegated authority in writing, at least thirty (30)
calendar days prior to the intended return date confirming the teacher’s
decision to return to duties.
14.2.8. Teachers who fail to
provide the superintendent of human resources or delegated authority with
written notice of their intention to return to duties, by the relevant deadline
specified in Clauses 14.2.5, 14.2.6 or 14.2.7, will be sent a letter by
registered mail to an address agreed upon by the teacher and human resources
staff at the commencement of the leave indicating that the teacher must within
forty-five (45) calendar days of the date the letter is mailed advise the superintendent
of human resources or delegated authority, in writing, confirming the teacher’s
decision to return to duties on the scheduled date. A teacher who indicates an
intention to resign shall provide thirty (30) days written notice of
termination of contract as per Section 216 of the Education Act.
14.2.9. If a teacher does not
respond within the time limit specified in Clause 14.2.8 that teacher’s
contract of employment will be deemed to be terminated by mutual consent
pursuant to Section 214(2) of the Education Act.
14.2.10. A teacher granted leave
shall be on leave from the School Division and not from a particular position.
Placement upon return from leave shall be in the position held prior to the
commencement or, if not available, in a position consistent with the previous
experience of the teacher or one consistent with the training gained by the
teacher while on leave. The applicable salary shall be in accordance with the
statement of qualifications issued by the Association TQS at the time of
re-commencement of duties. A teacher who held a continuing administrative
designation and who received an allowance just prior to the leave shall be so
designated upon return if such a position is available. Only when so designated
shall the teacher receive the applicable allowance for that designation.
14.2.11. Increments will not be
credited to a teacher for the period of the leave unless the teacher is
actively engaged in teaching during the leave period and meets the requirements
of the experience increment provisions as per Article 3.4 and 3.5 of this agreement.
14.3. Deferred Salary Leave
Plan
14.3.1. The School Division in
consultation with the Association shall offer to all teachers on a continuing
contract a Deferred Salary Leave Plan.
14.3.2. A teacher granted a
Deferred Salary Leave shall be on leave from the School Division and not from a
particular position. Placement, upon return from leave, shall be in the
position held prior to commencement or, if not available, in a position
consistent with the previous experience of the teacher and / or one consistent
with the training gained by the teacher while on Deferred Salary Leave.
14.3.3. It is understood that
increments will not be credited to a teacher for the period of leave under this
Article unless the teacher is actively engaged in teaching during the leave
period and meets the requirements of the experience increments provisions as
per Article 3 of this agreement.
14.3.4. A teacher’s benefits
will be maintained by the School Division during their leave of absence. The
teacher shall pay to the School Division the full cost of any benefit premiums
paid on the teacher’s behalf.
14.4. Graduate Study
Leave
14.4.1. Teachers shall be
granted temporary leave of absence with pay for graduate study when they are
required to leave before the end of June due to enrolment at educational
institutions for a program of summer study. The School Division shall be
reimbursed for the cost of substitute teachers who are employed due to the
absence of the applicable teachers. The costs of substitute teachers employed
in these situations shall be shared by all teachers who received temporary
leaves of absence under the terms of this Clause. A teacher’s share of these
costs is determined by the number of graduate study leave days taken by the
teacher divided by the number of graduate study leave days taken by all teacher’s
times the total actual cost of substitute teachers employed in these
situations.
14.5. Leave for Child’s
Arrival
14.5.1. Upon request, a
teacher shall be granted up to three (3) days leave with pay on the occasion of
the birth of the teacher’s child. These days must be taken within two (2) weeks
of:
a) The date of the birth.
b) The day the child is
released from the hospital.
c) The day the mother is
released from the hospital.
d) The day the child is
placed for adoption (note, these days are not in addition to those available
under Clause 11.2.1)
The teacher may choose to take the days
consecutively or separately.
14.5.2. Adoption
A teacher may be granted up to a maximum of three
(3) days with pay for the purpose of completing necessary documentation and
requirements relating to the adoption and receipt of a child.
14.6. Compassionate Leave
14.6.1. Compassionate leave
is granted with respect to major surgery, critical illness, or death of a near
relative.
For the purpose of this clause, the term “near
relative” shall be defined as the spouse of the teacher (including
common-law spouse as documented in the employee’s personnel record with the
School Division), and the grandparents, parents, brothers, sisters, children,
and grandchildren, step children, step parents and step grandparents (and their
respective spouses) of the teacher and of the teacher’s spouse (including
common-law spouse as documented in the employee’s personnel record with the
School Division), member of the teachers’ household and such other persons as
the chief superintendent of schools, or delegated authority of the chief superintendent,
specifies.
14.6.1.1. In the event of
major surgery or critical illness of a near relative or other family emergency,
a teacher shall be granted a maximum of five (5) days leave of absence with
pay.
For the purpose of this clause, “major surgery” shall
be defined as a surgical procedure that involves general anaesthesia, spinal anaesthesia,
or respiratory assistance.
For the purpose of this clause, “critical
illness” shall be defined as a medical condition with a significant risk of
death within twenty-six (26) weeks.
For the purpose of this clause, a “family
emergency” shall be defined as an urgent and unforeseen requirement to
attend to the care or health of a near relative.
Additional leave may be granted, when at the
discretion of the chief superintendent of schools or delegated authority,
circumstances warrant.
14.6.1.2. Teachers attending
the funeral of a near relative shall be allowed up to four (4) days leave with
pay.
Where the teacher does not attend the said funeral,
reasonable leave may be allowed at the discretion of the chief superintendent
of schools or delegated authority.
14.7. Quarantine Leave
14.7.1. A teacher, who is
quarantined by order of the Medical Officer of Health for the City, or by a
Provincial authority, shall be granted leave with pay if the absences for
quarantine are certified by such qualified Medical Officer.
14.8. Graduation,
Convocation and University Exams
14.8.1. Attendance at the
teacher’s spouse’s or teacher’s child’s senior high school graduation: one (1) full
day with pay.
14.8.2. Attendance at the
teacher’s, teacher’s spouse’s, or teacher’s child’s convocation ceremonies: one
(1) full day with pay.
14.8.3. Teachers may be
provided leave with pay in order to write university exams for courses in which
they are enrolled.
14.9. Court Appearance
Leave
14.9.1. Teachers shall be
granted temporary leave of absence with pay when summonsed or subpoenaed to
attend court for the purpose of jury or witness duty or to attend an inquest.
Any monies received for the aforementioned duties less actual expenses shall be
remitted by the employee to the School Division.
14.10. Religious Holy Days
14.10.1. A teacher is entitled
to leave with full pay for religious holy days the observance of which is a
reasonable expectation of the religious faith and precludes the teacher from
working. It is the teacher’s responsibility to advise the principal or
supervisor of the upcoming religious holy days preferably at the start of each
school year or upon commencement of duties if after the start of the school
year but at least two (2) weeks in advance. The teacher, Association and the
School Division recognize their duties in accommodating requests for religious
holy day leave.
14.11. Leave Without Pay
14.11.1. Teachers may be granted
temporary leave of absence without pay after submitting written application to
the superintendent of human resources or delegated authority.
14.12. Inclement Weather
14.12.1. When all schools in the
system are closed to students due to inclement weather, teachers will not be
required to report for duty.
14.13. Secondment
14.13.1. Teachers seconded from the
School Division shall be subject to the following provisions;
a) The
teacher shall be entitled to experience increments for each year of the
secondment.
b) The
teacher shall be listed as a member of the School Division teaching
staff.
c) The
teacher shall receive their salary from the School Division according to the collective
agreement and with the exception of Clauses 16.6 and 8.1.1 shall be subject to
its provisions.
d) The
rights and privileges of such group plans as specified in the collective agreement
shall be maintained and continued as for other teachers. All normal deductions
(such as pension, income tax, professional fees) shall be maintained as for any
other teacher. The teacher shall retain such seniority on the School Division
staff as has been established prior to being seconded.
14.13.2. Placement immediately
after the period of secondment shall be in the position held prior to the
commencement of leave or, if not available, in a position consistent with the
teacher’s previous experience. A teacher who held a continuing administrative
designation and who received an allowance as per Article 4 of this agreement
shall be so designated upon return and shall receive the applicable allowance
for that designation. Where that designation is not available, the teacher
shall retain that designation and applicable allowance and shall be placed in
the first suitable position available.
14.14. Reservist Leave
14.14.1. A teacher who has
completed twenty-six (26) weeks of continuous service may apply for a leave of
absence as a Reservist and be granted a leave pursuant to Clause 14.2 and in
accordance with the Employment Standards Code. Consideration may be given to
teachers with less than twenty-six (26) weeks of continuous service.
14.15. Extended Parental Leave
14.15.1. Upon request, a teacher
shall be provided with an extension to parental leave. The extended parental
leave shall not exceed the balance of the school year in which the original
parental leave commenced, plus the following year.
For the portion of the extended parental leave that is
outside of the maximum sixty-two (62) weeks of statutory parental leave, the
provisions of Clause 11.4 Benefit – Prepayment or Repayment of Premiums During
Unpaid Portion of Leave shall not apply. Benefits may be continued at the cost
of the teacher.
14.15.2. For a teacher who has
not accessed maternity leave or adoption leave as per Article 11, upon request,
the teacher shall be provided with an extension of parental leave. The extended
parental leave shall not exceed the balance of the school year in which the
original parental leave commenced plus the following school year.
Subject to
Letter of Understanding on Interim Grievance Procedure, current Articles 15 and
16 from the 2018-2020 Collective Agreement apply until date of ratification of
local agreements.
15.1. This procedure applies
to differences:
15.1.1. about the
interpretation, application, operation, or alleged violation of any collective
agreement provision including the question of whether such difference is
arbitrable;
15.1.2. where the
Association asserts that terms are implied or incorporated into the collective
agreement including the question of whether such a difference is arbitrable;
and,
15.2. Before invoking the grievance
procedure, a teacher, with the support of the Association at the teacher’s
discretion, will first make reasonable effort to resolve the difference at the
local level.
15.3. If the difference
(hereinafter called a ‘grievance’) is not resolved as described in Clause 15.2,
it shall be submitted in writing to the superintendent or designate and the associate
coordinator- collective bargaining. Such written grievance notices shall be
made within forty (40) operational days of when the grieving party first had
knowledge of the occurrence / event giving rise to the grievance.
15.4. The written grievance
notice, which can be provided by email, can be initiated by a teacher, the Association,
or the School Division, and shall contain the following:
15.4.1. the name(s) of the
parties aggrieved;
15.4.2. a statement of facts
giving rise to the grievance;
15.4.3. the Article(s) of
the agreement that are alleged to have been violated; and,
15.4.4. the remedy or
correction being sought.
15.5. A copy of the
grievance notice, and any applicable formal response to the grievance, shall be
provided to the superintendent or designate of the School Division, the chair
of the Board of Directors of TEBA or designate, and the associate coordinator-collective
bargaining, within fifteen (15) operational days.
15.5.1. When requested by
TEBA, the School Division shall provide additional information on grievances in
a form determined by the TEBA chair.
15.6. Representatives of the
School Division and the Association shall meet to discuss the grievance within
fifteen (15) operational days of receiving written grievance notice.
15.6.1. The party initiating
a grievance may, at its sole discretion, provide notice of its intent to forego
a discussion of the matter at a grievance meeting, and request a formal reply
within fifteen (15) operational days.
15.7. The Association will
give advance notice to the School Division when a grievor plans to attend a
grievance meeting. In such instances, the Association shall bear the expense of
the grievor’s attendance including the actual cost of the substitute and the School
Division portion of statutory benefit contributions, as per Clause 13.2. The
School Division will give advance notice to the Association when a
representative of the School Division affected by the grievance is attending a
grievance meeting. If the matter involves a grievance by the School Division
against a teacher, the School Division shall bear the expense of the teacher’s
attendance, including any salary and group health benefit contributions, and
travel and accommodation costs.
15.8. The party receiving
the grievance has fifteen (15) operational days following the grievance meeting
in Clause 15.6 to formally respond to the grievance.
15.9. If the difference is
not resolved through the response in Clause 15.8 or if no response is provided,
the grieving party may advance the grievance to arbitration by notice to the
other party within fifteen (15) operational days.
15.10. Only the School
Division and / or the Association may convey a grievance to arbitration.
15.11. The School Division and
the Association shall proceed to arbitration by a sole arbitrator. The sole arbitrator
must be mutually agreed to by the parties within fifteen (15) operational days
of receipt of the arbitration notice, after which either party may request the director
of mediation services to appoint a chair.
15.12. By mutual consent, the
parties may agree to convene a three-member arbitration board consisting of a chair
and one (1) nominee each. The parties shall appoint their nominees within
fifteen (15) operational days of the agreement to convene a three-member
arbitration board, and the nominees shall endeavour to select an independent chair.
15.12.1. If the parties are
unable to select a chair within fifteen (15) operational days of the
appointment of the second (2nd) representative, either party may
request the director of mediation services to appoint a chair.
15.13. Each party to the
grievance shall bear the expense of its respective appointee and the two (2)
parties shall bear equally the expenses of the chair.
15.14. The arbitrator /
arbitration board shall determine their own procedure but shall give full
opportunity to all parties to present evidence and to be heard. The arbitrator
/ arbitration board shall make any order they consider appropriate.
15.15. The findings, decision,
and award of the arbitrator / arbitration board is final and binding on:
15.15.1. The School Division
and the Association; and,
15.15.2. Teachers covered by
the collective agreement who are affected by the award.
15.16. TEBA Involvement
in Grievance Proceedings
15.16.1. At any point in the grievance
procedure, where TEBA determines that the grievance concerns a matter that is
more appropriately addressed at the provincial level, TEBA may, at its sole
discretion, assume carriage of the grievance process on behalf of the School
Division.
15.16.2. At any point in the grievance
procedure, where the Association believes that the grievance concerns a matter
that is more appropriately addressed at the provincial level, the Association
may request that TEBA take over the grievance process from the School Division.
15.16.2.1. Any applicable
timelines in the grievance procedure are frozen for the duration of TEBA and
the Association’s deliberations under Clause 15.16.2.
15.16.2.2. Representatives of
the TEBA and the Association shall meet to discuss the request for carriage
within ten (10) operational days of receiving a written request.
15.16.2.3. Within five (5)
operational days of the meeting set out in Clause 15.16.2.2, representatives of
the TEBA shall provide a decision to the Association as to whether or not they
will take carriage of the grievance.
15.16.3. In the event that
TEBA assumes carriage over a grievance process as per Clause 15.16.1 or
15.16.2. TEBA will provide written notice to the superintendent or designate,
and the associate coordinator-collective bargaining including the name and
contact information of TEBA’s representative and legal counsel for the matter.
15.16.4. In instances where
TEBA assumes carriage over a grievance process, all references to School
Divisions in this Article shall be read to apply to TEBA.
15.17. Optional Mediation
Process
15.17.1. The parties may
mutually agree at any point in the grievance procedure to engage in a
non-binding mediation process to attempt to resolve the grievance. To
facilitate the mediation process the parties agree to extend the timeline for
moving to the next step in the grievance process so that a period of ten (10)
operational days is provided after the conclusion of the mediation process to
recommence formal grievance proceedings.
15.17.2. The mediator shall be
appointed by mutual agreement of the parties and the expenses of the mediator
shall be equally borne by the parties. If the parties cannot reach agreement on
a mediator, either party may request in writing that the director of mediation services
make the necessary appointment.
15.17.3. The purpose of the mediator’s
involvement in the process is to assist the parties in reaching a resolution of
the dispute. Any discussions, proposals, and / or materials generated for that
purpose are to be considered privileged and are exchanged on a without
prejudice basis. Both parties shall disclose all specifics and particulars
relevant to the issue in dispute and neither party will rely on the mediated
discussion or outcomes should the matter be referred to an arbitration board
for resolution.
15.17.4. In the event the
grievance cannot be resolved, the mediator may issue a report including a
non-binding recommendation for settlement.
15.18. Administration
15.18.1. All of the time
limits referred to in this grievance procedure shall refer to operational days,
and be exclusive of Saturdays, Sundays, and statutory holidays. For the
purposes of this Article, an “operational” day is an instructional or
non-instructional day in the School Division’s school calendar on which
teachers are scheduled to work, and the months of July and August shall not be
included.
15.18.2. In the event, at any
stage of this procedure (except Clause 15.3) the grieving party fails to take
the necessary action within the time limits specified, the grievance shall be
deemed to be abandoned.
15.18.3. The time limits in
this Article may be extended at any stage by mutual agreement by the parties. Requests
for extension of timelines shall not be unreasonably denied. Such agreement
shall be communicated in writing.
15.18.4. At any point, the
grievance may be resolved through terms mutually agreed upon by the parties.
Any agreed to resolution is binding on the signatories to the resolution.
16.1. Teachers who are assigned
by the School Division to multiple locations as part of their job allocation
will be eligible to claim travel expenses on the same basis as other eligible
employees of the School Division.
16.2. The School Division
agrees that available, unserviced parking will be assigned to teachers without
charge.
16.3. Job Postings
16.3.1. Vacancies in
administrative positions created by temporary absences may be filled on an
acting basis.
16.3.2. Teachers with acting
designations are eligible to apply for available administrative positions.
16.4. Information and Files
16.4.1. Upon request, all new
appointees to the teaching staff shall submit:
16.4.1.1. A valid Alberta
teaching certificate or letter of authority.
16.4.1.2. Criminal record and
vulnerable sector checks.
16.4.1.3. A birth certificate.
16.4.1.4. A medical certificate
of sound health on a form provided by the chief superintendent of schools or
delegated authority.
16.4.1.5. Proof of previous
teaching experience from previous school division(s).
16.4.1.6. Evidence of teacher
qualifications in the form of a TQS evaluation, and
16.4.1.7. Any other information
which may be required for official record purposes.
16.4.2. Teachers employed by
the School Division on a continuing basis shall provide criminal record and
vulnerable sector checks in accordance with the schedule outlined in the Education
Act.
16.4.3. Teachers who change
their names during the school year shall provide human resources with
appropriate evidence (e.g., copy of marriage certificate, at the time of
request for change). Data must be submitted promptly, especially when a change
in teaching certificate is applicable.
16.4.4. The School Division
will endeavour to provide a contract of employment to each teacher prior to the
teacher commencing duties. Each teacher will endeavour to sign, and return said
contract within twenty-four (24) hours of receipt. The School Division shall
ensure an electronic copy of the current collective agreement is available to
all teachers.
16.5. Promotion
16.5.1. Seniority will be
considered along with other factors in determining promotions but on no account
will be considered the most important factor.
16.5.2. Seniority will have
greater weight when comparing persons with relatively little service than when
comparing persons with many years of service. All persons with twenty (20)
years or more service will generally be considered to have equal seniority.
16.5.3. Total teaching
experience will be considered as a factor in determining promotions.
16.5.4. Nothing herein shall in
any way restrict the School Division from making promotions based on ability
and merit.
16.6. Transfers
16.6.1. When a teacher is transferred
pursuant to Section 119 of the Education Act, or any enactment
substituted therefore, the chief superintendent of schools, or the delegated
authority, shall, upon written request of the teacher, give, in writing, the
School Division’s reason or reasons for the transfer.
16.7. Reduction of
Teaching Staff
16.7.1. In the event that a
reduction in teaching staff is necessary, the School Division will seek to affect
this reduction through attrition.
16.7.2. Where a reduction in
teaching staff and system program cuts cannot be achieved by attrition, system
seniority will be the sole determining factor.
16.7.3. Teachers subject to
termination shall be offered involuntary leave based on the agreement between
the Association and the School Division included as Appendix “C”- Offer of
General Leave of Absence.
16.7.4. Teachers shall be
offered involuntary leaves based on seniority. Those teachers who choose not to
accept an involuntary leave shall be terminated in accordance with the School
Division’s policy and the Education Act. Employees who take the involuntary
leave shall be eligible for recall based on field of employment (as determined
by the staffing department, human resources) and secondly on seniority within
the field of employment. Refer to Appendix “C - Offer of General Leave of
Absence” of this collective agreement for guidelines relating to
involuntary leaves.
16.8. Seniority
16.8.1. The following types of
service with the School Division will be used to calculate system seniority for
teachers on a continuing contract of employment:
16.8.1.1. All broken or
continuous service covered by this collective agreement while teaching on
continuing, interim, temporary, or probationary contracts of employment.
16.8.1.2. Substitute teaching
and / or Adult Academic Program teaching.
16.8.1.3. Paid sick leaves.
16.8.1.4. Professional
improvement leaves and / or fellowships.
16.8.1.5. Maternity and / or
adoption leaves, each of up to six (6) months.
16.8.1.6. Exchange teaching and
/ or service provided as university associate and / or while on secondment to
other organizations.
16.8.1.7. Association duty and /
or Department of National Defense (DND) service and / or jury duty.
16.8.1.8. Authorized leaves of
thirty (30) working days or less.
A teacher shall only be entitled to accumulate one (1)
year of service per school year.
16.8.2. For positions requiring
a journeyperson’s ticket, private sector experience as outlined in Clause 3.5,
shall be used to calculate additional seniority while employed in such a
position.
16.8.3. In the event of a tie,
any teaching service within Canada that requires a teaching certificate as a
condition of employment shall be counted for seniority.
16.8.4. The School Division
will undertake to produce a system seniority list of all teachers covered by
this collective agreement. A copy will be given to the Association Local 38.
Upon request, individual teachers will receive a statement of accumulated
system seniority (years plus months). Teachers will be expected to verify the
accuracy of these statements.
16.8.5. Where agreement cannot
be reached regarding the accuracy of an employee’s system seniority statement,
the employee has the right to appeal under the provisions of Article 15 of this
collective agreement.
16.8.6. Where system seniority
is a consideration, the definition of seniority in Clause 16.6.1 will be used.
IN WITNESS WHEREOF the
parties hereto have caused this collect agreement to be executed by their
respective officers, duly authorized hereunto, the day and year first above
written.
Signed, sealed, and delivered in
the presence of:
For The
Calgary School Division
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For The Alberta Teachers’
Association
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Chair, Board of Trustees
The Calgary Board of Education
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Coordinator, Teacher Employment
Services
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Corporate Secretary
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Title
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Date
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Date
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Letter of Understanding #1
Association and TEBA Joint
Committee to Assist Transition from Central to Local Bargaining
1. Scope
TEBA and the Association agree to form a committee which
will assist in the transition from central to local bargaining. This committee
will be available to:
a) Assist in resolving differences arising from
the local bargaining process where the parties to the collective agreement
disagree about whether a particular matter is a local matter;
b) Clarify the understanding of the Association
and TEBA regarding central table provisions; and,
c) Advise on the production
and revision of collective agreements.
2. Structure
a) The committee will meet as necessary at times
determined by the Association and TEBA.
b) The Association and TEBA shall each bear the
cost of their participation in this committee.
c) The Association and TEBA will each appoint
three (3) representatives to the committee.
d) The committee will be
chaired jointly.
3. Process
a) Where the Association, TEBA, or a School
Division have a difference in interpretation of the central and local matters
placement list, or where a mediator appointed to support local parties in local
bargaining seeks clarification, the difference may be referred in writing to
the Transition Committee through the joint chairs.
b) The Transition Committee shall meet to
determine the matter and will communicate their decision in writing to the
parties of the collective agreement, and mediator where applicable.
c) In circumstances when the
Transition Committee is unable to agree on a determination under Clause 1(a) of
this letter of understanding, the Association and / or TEBA may refer the
matter to the Trial Expedited Arbitration Process.
4. The Association and
TEBA may jointly, or independently, issue communication to clarify
understanding arising from the operation of the Transition Committee.
Signed by the
parties on October 11, 2018.
LETTER OF UNDERSTANDING #2
RE: INTERIM GRIEVANCE PROCEDURE
WHEREAS at the time of
signing this letter of understanding, The Association and TEBA were actively engaged in central bargaining;
AND WHEREAS as a product of this central bargaining, the parties developed an alternative
grievance procedure to replace Articles 15 and 16 of current agreements. The
new grievance procedure Article
remains subject to the conclusion and ratification of an agreement with
respect to central terms;
AND WHEREAS the parties
continue to engage in central bargaining, the parties have agreed to implement the new grievance procedure as an
interim procedure through this letter of understanding (LOU);
AND WHEREAS the parties agree to discuss the potential
for transitioning applicable grievances filed prior to February 1, 2022, over
to the new grievance procedure as an interim procedure through this letter of understanding
(LOU);
AND WHEREAS
the parties agree on the terms and conditions contained herein;
THE PARTIES AGREE AS FOLLOWS:
EFFECTIVE
DATES
This
letter of understanding shall take effect for all grievances filed on or
after February 1, 2022. This LOU
shall expire upon successful ratification of a Memorandum of Agreement with respect to central terms.
Should
a Memorandum of Agreement with respect
to central terms not be successfully ratified, the parties will meet
within thirty (30) calendar days of the
unsuccessful ratification vote to either extend or terminate this LOU.
If this LOU is terminated, the parties agree to move
grievances filed under the interim procedure back to the appropriate central or
local grievance procedure and to their respective steps in those procedures.
TRANSITION
OF EXISTING GRIEVANCES
1. For grievances filed under Article 15 (Central Grievance Procedure) of 2018-2020 teacher
collective agreements prior to February
1, 2022, TEBA and the Association will meet no later than February 28, 2022, to review
unresolved grievances and determine whether the grievance will transition to
the procedure in this LOU.
a) If there is mutual
agreement to transition the grievance to the new procedure, it will transition
immediately at the equivalent step in the procedure.
b) If there is not mutual
agreement to transition the grievance to the new procedure, it will continue to
progress through the grievance procedure that was in effect at the time of the
difference until a resolution is reached.
2. For grievances filed under Article 16 (Local Grievance
Procedure) of 2018-2020 teacher collective agreements prior to February 1,
2022, the School Division and the Association will meet no later than March 31,
2022, to review unresolved grievances and determine whether the grievance will
transition to the procedure in this LOU.
a) If there is mutual
agreement to transition the grievance to the new procedure, it will transition
immediately at the equivalent step in the procedure.
b) If there is not mutual
agreement to transition the grievance to the new procedure, it will continue to
progress through the grievance procedure that was in effect at the time of the
difference until a resolution is reached.
INTERIM GRIEVANCE PROCEDURE
15.1. This procedure applies to
differences:
15.1.1. About the
interpretation, application, operation, or alleged violation of any collective
agreement provision including the question of whether such difference is
arbitrable;
15.1.2. Where the Association
asserts that terms are implied or incorporated into the collective agreement
including the question of whether such a difference is arbitrable; and,
15.2. Before invoking the grievance
procedure, a teacher, with the support of the Association at the teacher’s
discretion, will first make reasonable effort to resolve the difference at the
local level.
15.3. If the difference
(hereinafter called a ‘grievance’) is not resolved as described in Article
15.2, it shall be submitted in writing to the superintendent or designate and
the associate coordinator-collective bargaining. Such written grievance notices
shall be made within forty (40) operational days of when the grieving party
first had knowledge of the occurrence / event giving rise to the grievance.
15.4. The written grievance
notice, which can be provided by email, can be initiated by a teacher, the Association,
or the School Division, and shall contain the following:
15.4.1. the name(s) of the
parties aggrieved;
15.4.2. a statement of facts
giving rise to the grievance;
15.4.3. the Article(s) of the
agreement that are alleged to have been violated; and,
15.4.4. the remedy or correction
being sought.
15.5. A copy of the grievance
notice, and any applicable formal response to the grievance, shall be provided
to the superintendent or designate of the School Division, the chair of the
Board of Directors of TEBA or designate, and the associate coordinator-collective
bargaining, within fifteen (15) operational days.
15.5.1. When requested by TEBA,
the School Division shall provide additional information on grievances in a
form determined by the TEBA chair.
15.6. Representatives of the
School Division and the Association shall meet to discuss the grievance within
fifteen (15) operational days of receiving written grievance notice.
15.6.1. The party initiating a
grievance may, at its sole discretion, provide notice of its intent to forego a
discussion of the matter at a grievance meeting, and request a formal reply
within fifteen (15) operational days.
15.7. The Association will give
advance notice to the School Division when a grievor plans to attend a
grievance meeting. In such instances, the Association shall bear the expense of
the grievor’s attendance including the actual cost of the substitute and the
School Division portion of statutory benefit contributions, as per Clause 13.2.
The School Division will give advance notice to the Association when a
representative of the School Division affected by the grievance is attending a
grievance meeting. If the matter involves a grievance by the School Division
against a teacher, the School Division shall bear the expense of the teacher’s
attendance, including any salary and group health benefit contributions, and
travel and accommodation costs.
15.8. The party receiving the
grievance has fifteen (15) operational days following the grievance meeting in Clause
15.6 to formally respond to the grievance.
15.9. If the difference is not
resolved through the response in Clause 15.8 or if no response is provided, the
grieving party may advance the grievance to arbitration by notice to the other
party within fifteen (15) operational days.
15.10. Only the School Division
and / or the Association may convey a grievance to arbitration.
15.11. The School Division and the
Association shall proceed to arbitration by a sole arbitrator. The sole arbitrator
must be mutually agreed to by the parties within fifteen (15) operational days
of receipt of the arbitration notice, after which either party may request the director
of mediation services to appoint a chair.
15.12. By mutual consent, the
parties may agree to convene a three (3) member arbitration board consisting of
a chair and one (1) nominee each. The parties shall appoint their nominees
within fifteen (15) operational days of the agreement to convene a three (3) member
arbitration board, and the nominees shall endeavour to select an independent chair.
15.12.1. If the parties are unable
to select a chair within fifteen (15) operational days of the appointment of
the second (2nd) representative, either party may request the director
of mediation services to appoint a chair.
15.13. Each party to the grievance
shall bear the expense of its respective appointee and the two (2) parties
shall bear equally the expenses of the chair.
15.14. The arbitrator /
arbitration board shall determine their own procedure but shall give full
opportunity to all parties to present evidence and to be heard. The arbitrator
/ arbitration board shall make any order they consider appropriate.
15.15. The findings, decision, and
award of the arbitrator / arbitration board is final and binding on:
15.15.1. The School Division and
the Association; and,
15.15.2. Teachers covered by the collective
agreement who are affected by the award.
15.16. TEBA Involvement in
Grievance Proceedings
15.16.1. At any point in the grievance
procedure, where TEBA determines that the grievance concerns a matter that is
more appropriately addressed at the provincial level, TEBA may, at its sole
discretion, assume carriage of the grievance process on behalf of the School
Division.
15.16.2. At any point in the grievance
procedure, where the Association believes that the grievance concerns a matter
that is more appropriately addressed at the provincial level, the Association
may request that TEBA take over the grievance process from the School Division.
15.16.2.1. Any applicable
timelines in the grievance procedure are frozen for the duration of TEBA and
the Association’s deliberations under Clause 15.16.2.
15.16.2.2. Representatives of the
TEBA and the Association shall meet to discuss the request for carriage within
ten (10) operational days of receiving a written request.
15.16.2.3. Within five (5)
operational days of the meeting set out in Clause 15.16.2.2, representatives of
the TEBA shall provide a decision to the Association as to whether or not they
will take carriage of the grievance.
15.16.3. In the event that TEBA
assumes carriage over a grievance process as per Clause 15.16.1 or 15.16.2.
TEBA will provide written notice to the superintendent or designate, and the associate
coordinator-collective bargaining including the name and contact information of
TEBA’s representative and legal counsel for the matter.
15.16.4. In instances where TEBA
assumes carriage over a grievance process, all references to School Divisions
in this Article shall be read to apply to TEBA.
15.17. Optional Mediation Process
15.17.1. The parties may mutually
agree at any point in the grievance procedure to engage in a non-binding
mediation process to attempt to resolve the grievance. To facilitate the
mediation process, the parties agree to extend the timeline for moving to the
next step in the grievance process so that a period of ten (10) operational
days is provided after the conclusion of the mediation process to recommence
formal grievance proceedings.
15.17.2. The mediator shall be
appointed by mutual agreement of the parties and the expenses of the mediator
shall be equally borne by the parties. If the parties cannot reach agreement on
a mediator, either party may request in writing that the director of mediation services
make the necessary appointment.
15.17.3. The purpose of the mediator’s
involvement in the process is to assist the parties in reaching a resolution of
the dispute. Any discussions, proposals, and / or materials generated for that
purpose are to be considered privileged and are exchanged on a without
prejudice basis. Both parties shall disclose all specifics and particulars
relevant to the issue in dispute and neither party will rely on the mediated
discussion or outcomes should the matter be referred to an arbitration board
for resolution.
15.17.4. In the event the
grievance cannot be resolved, the mediator may issue a report including a
non-binding recommendation for settlement.
15.18. Administration
15.18.1. All of the time limits
referred to in this grievance procedure shall refer to operational days, and be
exclusive of Saturdays, Sundays, and statutory holidays. For the purposes of
this Article, an “operational” day is an instructional or non-instructional day
in the School Division’s school calendar on which teachers are scheduled to
work, and the months of July and August shall not be included.
15.18.2. In the event, at any
stage of this procedure (except Clause 15.3) the grieving party fails to take
the necessary action within the time limits specified, the grievance shall be
deemed to be abandoned.
15.18.3. The time limits in this Article
may be extended at any stage by mutual agreement by the parties. Requests for
extension of timelines shall not be unreasonably denied. Such agreement shall
be communicated in writing.
15.18.4. At any point, the
grievance may be resolved through terms mutually agreed upon by the parties.
Any agreed to resolution is binding on the signatories to the resolution.
Letter of Understanding #3
Bill 85 (Education Statutes (Students First) Amendment Act, 2021)
WHEREAS Bill 85 has been passed by the legislature but is not yet fully
proclaimed; and,
WHEREAS school divisions and teachers may be subject to new obligations if and
when the Act is fully proclaimed, and associated Regulations are implemented.
NOW THEREFORE THE PARTIES AGREE TO THE
FOLLOWING:
The School Division
shall reimburse the teacher for the costs of complying with any requirement to
provide a criminal record check and vulnerable sector check as part of their
ongoing employment.
Letter of Understanding # 4
Bill 32 (Restoring Balance in Alberta’s Workplaces Act)
WHEREAS Bill 32 has been passed by the legislature but is not yet fully proclaimed.
AND WHEREAS school divisions and the Association may be subject to new obligations
if and when the Act is fully proclaimed, and associated Regulations are implemented.
NOW THEREFORE THE PARTIES
AGREE TO THE FOLLOWING:
School
Divisions shall provide the information needed for the Association to contact
individual new hires and returning teachers independently of the School
Division to obtain the teacher’s election, if and as required by regulations
supporting Bill 32. Such information shall be provided to the Association
within ten (10) operational days of the teacher returning or gaining employment
with the School Division.
This
letter of understanding is subject to amendment by mutual agreement of the
parties.
Letter of Understanding #5
Bill 15 (EDUCATION (Reforming Teacher Profession Discipline)
Amendment Act, 2022)
WHEREAS Bill 15 has been introduced in the legislature but has not yet been
enacted or proclaimed; and,
WHEREAS school divisions and teachers may be subject to new obligations if and
when the Act is fully proclaimed, and associated Regulations are implemented.
NOW THEREFORE
THE PARTIES AGREE TO THE FOLLOWING:
During the term of this agreement, if the proclamation of the above noted
legislation results in additional costs for teachers or School Divisions, TEBA
and the Association shall meet within sixty (60) days to discuss the
appropriate apportionment of costs.
Letter of Understanding #6
Expedited Arbitration (12 month-pilot)
1. The
intent of this letter of understanding is to have a matter decided
expeditiously through an arbitration. Ideally, unless agreed to otherwise by
the parties or required by the arbitrator, hearings will take no longer than a
single (1) day and require an agreed upon Statement of Facts.
2. As
an alternative to the arbitration process set out in Article 15, two (2) days
at the end of each October, March, and June shall be held for expedited arbitrations
in accordance with this Article. No more than two (2) cases shall be heard on
any single (1) day, with a maximum of four (4) cases over the course of two (2)
days.
3. The
Association, TEBA, and School Divisions with grievance(s) that may be suited
for an expedited arbitration, shall meet during the first week of each of
September, February, and May. During each of these “pre-expedited arbitration meetings,”
the parties will propose grievances for referral to expedited arbitration.
Where there is mutual agreement between the parties to the grievance to advance
to expedited arbitration, the hearing will take place at the end of the
following month. Where there are no grievances slated for the held dates, they
will be cancelled in order to mitigate cancellation costs, with the
cancellation costs shared equally by the Association and TEBA.
4 There
is no limitation on the parties to a grievance from mutually agreeing to
proceed to expedited arbitration outside of the pre-expedited arbitration meetings
in Article 3, and / or mutually agreeing to book alternative dates to those in
Article 2 where the hearing can be facilitated sooner.
5. The
parties to the grievance shall cover their own costs of the hearing and equally
share the cost of the arbitrator. If no hearing occurs, TEBA and the
Association shall share equally the cancellation costs for the arbitrator.
6. To
minimize cost, and where the hearing is not done virtually, the offices of the
Association, TEBA, or a School Division will be used as the venues for the hearings
where possible.
7. The
Association and TEBA agree to jointly meet with the director of mediation services
to identify three (3) mutually agreed sole arbitrators to hear the matters at
the expedited arbitration Hearings. For the purposes of this letter of
understanding, three (3) arbitrators who have been agreed to by the Association
and TEBA will hear expedited arbitration files on a rotating basis, where
possible.
8. Arbitration
decisions may not be used to alter, modify, or amend any part of the
appropriate collective agreement, and are made without precedent or prejudice
to similar or like cases. Such a decision shall be final and binding upon the
parties to the grievance and no further action may be taken on that grievance
by any means.
9. Ideally,
the designated arbitrator will issue an award for each expedited arbitration
within four (4) weeks of the hearing. The designated arbitrator remains seized
to each expedited arbitration in order to determine any issues left pending by
the award. The award will contain the following paragraph:
“This award is the result of an expedited procedure to which the parties
agreed. Consequently, there has been evidence entered by agreement as well as
by submission. Reference to case law has been limited. The parties are
satisfied with an award that accommodates their agreed restrictions on the
procedure. The arbitrator reserves jurisdiction regarding the quantum of any
damages awarded and any issues concerning the implementation of the award.”
10. This
letter of understanding shall come into effect on the date of ratification of
central terms unless otherwise agreed and expire following twelve (12) months
from the effective date. The Association and TEBA will meet prior to the expiry
of this letter of understanding to assess the effectiveness of the expedited arbitration
process herein, at which time they may mutually decide to extend, amend, or
allow the letter of understanding to expire.
Letter of Understanding #7
Duty to Accommodate
TEBA,
the Association, and School Divisions acknowledge and commit to the duty to
accommodate for disability as required by the Alberta Human Rights Act. The
provisions of this agreement shall be administered in accordance with such law.
The
Association and School Divisions acknowledge a shared responsibility for the
duty to accommodate teachers up to a point of undue hardship. The Association
and School Divisions also acknowledge the importance of working together to
ensure teachers are accommodated in a manner that provides meaningful work and
promotes a culture of inclusiveness.
TEBA
and the Association agree to work with benefit carriers during the life of the
agreement to better understand the situation and develop proposals to address
structural barriers to accommodation embedded in the design of Extended
Disability Benefits and existing sick leave language in collective agreements.
Letter of Understanding #8
Distributed Education Conditions of Practice
WHEREAS TEBA and the Association agree that distributed education is increasingly
important to the education system,
AND WHEREAS distributed education systems across the province continue to be
different in design, structure, focus and operation.
AND WHEREAS TEBA and the Association agree that it is important for the school
divisions and teachers to explore appropriate models for working conditions in
the distributed education environment to inform future negotiations.
NOW THEREFORE THE PARTIES
AGREE THAT:
1. School
Divisions and the Association may agree locally to establish pilot projects for
distributed education conditions of practice during the term of the agreement.
Such projects may include provisions related to:
a) The
number of students, credits, courses, or subject areas a teacher may be assigned.
b) The
amount of course design and development expected of a teacher.
c) Class
composition and complexity in the distributed education environment.
d) The
amount of non-instructional time that may be assigned to distributed education teachers.
e) Appropriate
processes and considerations when students do not complete the attempted
course; and,
f) Processes
and timing for enrolling students in courses or programs.
2. Where
collective agreements already include provisions related to distributed
education environment, local pilot projects may temporarily modify existing
central terms related to distributed education conditions of practice.
3. In
any event (with or without mutual agreement to a pilot project), and where
requested by the Association or an individual teacher, a School Division with a
distributed education program shall establish a Distributed Education
Collaboration Committee to facilitate ongoing conversations on the above noted
elements of a distributed education program.
Letter of Understanding #9
Experience Form
Association
and TEBA agree that the following form will be used:
·
To support the
administration of teaching experience provisions in collective agreements
between all Public, Catholic, and Francophone school divisions and the
Association (See Appendix A); and,
·
To ensure the
consistent application of Clause 3.4.9 in the movement of teachers between School
Divisions covered by the Public Education Collective Bargaining Act.
This
form shall be completed and provided upon request by a teacher or the teacher’s
new / prospective School Division.
TEACHING
EXPERIENCE FORM
Date:
Issuing School Division:
Teacher Name:
Teaching Certificate
Number
Teaching Experience
Recognized Years of
Experience:
Uncredited Experience:
(In days, in accordance with Clause 3.4.4)
School Division Contact
Name:
Title:
Signature:
APPENDIX A—Teaching Experience Provisions
3.4. Experience
Teachers shall:
a) Gain
experience while holding a valid Alberta teaching certificate or its equivalent
in the relevant governing jurisdiction, and working in a position that requires
a teaching certificate as a condition of employment; and,
b) Not
gain experience during vacation periods and leaves of absence without salary.
3.4.1. Experience
increments shall be earned by a teacher on contract after one hundred and forty
(140) operational days with the School Division.
3.4.2. Experience
increments shall be earned by a substitute teacher after one hundred and forty
(140) operational days in the preceding five (5) years with the School
Division.
3.4.3. A
teacher shall be granted only one (1) experience increment during any one (1)
school year.
3.4.4. Uncredited
experience shall be carried over for the calculation of experience increments.
3.4.5. The
adjustment dates for an earned increment for teaching experience shall be
September 1st and February 1st.
Prior Experience
3.4.6. The
teacher is responsible for providing proof of experience satisfactory to the
School Division in accordance with this Article.
a) Until
proof of experience is submitted to the superintendent or designate, all
teachers new to the School Division shall be deemed to have zero (0) years of
experience on the salary grid.
b) If
proof or evidence of application for such proof is submitted to the superintendent
or designate within forty (40) operational days of commencement of employment,
the superintendent or designate shall adjust the teacher’s salary retroactively
to the commencement of employment.
c) If
proof or evidence of application for such proof is not submitted within forty
(40) operational days, salary will be adjusted the month following such
submission.
3.4.7. The
School Division shall recognize prior teaching experience as if it were earned
by employment with the School Division provided that the teacher provides
satisfactory proof as per Clause 3.4.8.
3.4.8. A
teacher requesting that the School Division recognize experience earned with a
previous school division shall provide to the School Division written
confirmation from the previous school division certifying:
a) The
number of days worked for each year of employment, length of employment, and
affirmation that the experience was earned while the teacher was in possession
of a valid Alberta teaching certificate or its equivalent in the relevant
governing jurisdiction.
b) The
position held while earning the experience was one that required a valid
teaching certificate; and,
c) The
written confirmation is signed by an authorized officer of the previous school
division.
3.4.9. The
teacher’s initial salary placement, and progression through the salary grid in
accordance with this Article, shall not be affected by movement between School
Divisions covered by PECBA. At the time of movement from another school
division, the receiving School Division shall assume the recognition of
experience provided by the previous school division.
3.4.10. Clauses
3.4.6 through 3.4.9 of this Article shall be applicable only to teachers whose
date of hire is on or after the effective date of this agreement.
Letter of
Understanding #10
Retired Teachers Appointed to
Administrative, Supervisory or Consultative Positions
Letter
of Understanding
Between
The
Board of Trustees of The Calgary School Division (“School Division”)
And
The
Alberta Teachers’ Association (“Association”)
When the School Division
employs a retired teacher to occupy a vacancy that is expected to be less than twenty
(20) consecutive teaching days in duration and the teacher is designated to an
administrative, supervisory, or consultative position, the parties agree to the
following:
1. The teacher shall be
paid one two-hundredth (1/200th) of the annual salary in Article 3
for each day of work.
2. The teacher shall be
paid one two-hundredth (1/200th) of the annual allowance in Article 4
for each day of work, based on the administrative, supervisory, or consultative
position the teacher is designated to perform.
3. Should a teacher be
unable to work as a result of an injury sustained while performing their duties
for the School Division, the teacher shall be paid an amount of money equal to
the per diem rate specified in this letter up to a maximum of twenty (20)
consecutive teaching days immediately following the injury, provided the
inability to work as a result of the injury is verified by a physician who is
acceptable to the School Division. Upon receiving written verification of this
injury causing the absence from work, the School Division shall pay for the
cost of completing the necessary documentation up to the maximum amount specified
in the Alberta Medical Association guidelines.
4. The provisions of
the collective agreement are not applicable to teachers employed pursuant to
this letter of understanding, except as specifically stated above. Where a
difference arises between the parties to or persons as to the interpretation,
application, operation or contravention, or alleged contravention of this
letter of understanding, or as to whether such difference can be the subject of
arbitration, the Association, or the School Division shall have the right to
present a grievance in accordance with Article 15 of the collective agreement.