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Battle River Regional Division No 31 (2000 - 2001)

This collective agreement is made pursuant to the School Act and the Labour Relations Code .

Between the Battle River Regional Division No 31 (hereinafter called the "Board") of the first part and the Alberta Teachers' Association, a body corporate, incorporated under the laws of the Province of Alberta (hereinafter called the "Association") of the second part.

 

Whereas the Association is the bargaining agent for the teachers employed by the Board, and

 

Whereas the parties have set these matters forth in the collective agreement to govern the terms of employment of the said teachers.

 

NOW THEREFORE THIS COLLECTIVE AGREEMENT WITNESSETH that in consideration of the premises and of the mutual and other covenants herein contained, the parties agree as follows:

 

1. Application

 

1.1 This collective agreement applies to all employees of the Board who, as a condition of employment, must possess a valid teaching certificate issued under the authority of the Department of Education, the Province of Alberta, herein collectively called the teachers, or, where the context requires, teacher, except those designated as:

(a) superintendent

(b) chief deputy superintendent

(c) deputy superintendent

(d) assistant superintendent

(e) associate superintendent.

 

2. Management Rights

 

2.1 The Board retains those residual rights of management not specifically limited by the expressed terms of the collective agreement.

 

3. Term and Effective Date

 

3.1 Unless otherwise specifically provided for in this collective agreement, this collective agreement takes effect on the first of the month following ratification of this collective agreement by both parties and remains in effect until August 31, 2001. Either party may give to the other not less than 60 days nor more than 180 days prior to the termination of the collective agreement, a notice in writing of its intent to commence collective bargaining. At the first meeting between the parties following such notice, the parties shall exchange particulars of the amendments they seek. All meetings between the parties shall be within the boundaries of the Battle River Regional Division.

 

4. Salaries

 

4.1 The Board shall pay all teachers the salaries as herein set forth and computed. All sums mentioned herein are "per annum" unless specifically stated otherwise.

 

4.2 One month's salary shall be 1/12 part of the annual salary at the rate in effect that month.

 

4.3 The years of teacher education of a teacher and the years of teaching experience as computed in articles 6 and 7 hereinafter provided shall together determine the annual rate of salary to be paid to each teacher employed by the Board. The following are the salary rates for each year of teacher education and each year of teaching experience.

 

4.4 Effective September 1, 2000 the following salary schedule shall apply:

 

Years of teaching experience
Years of University Education
One
Two
Three
Four
Five
Six
0
35326
37511
39983
1
37532
39717
42187
2
39735
41919
44392
3
41939
44124
46594
4
44140
46326
48799
5
46346
48531
51002
6
48550
50734
53207
7
33397
35225
39447
50753
52938
55409
8
34931
36550
40963
52955
55141
57613
9
36464
37875
42478
55162
57346
59817
10
37995
39200
43996
57364
59549
62021
11
37995
39200
43996
59568
61753
64225

4.5 Provisions of this agreement in respect of salary, allowances and benefit premiums shall be applicable to part-time teachers on a prorated basis, according to the period that actual service in the year bears to a year of full-time service.

 

4.5.1 Notwithstanding clause 4.5, a part-time teacher under contract for a full-time equivalency of 0.8 or greater, shall be eligible to receive Board contributions to health plan premiums as if the part-time teacher were a full-time teacher.

 

5. Administrative Allowances

 

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

 

5.1.1 Principal's Allowance

(a) Each principal shall receive an allowance per annum, calculated according to the following table. Student count for purposes of calculated administrative allowances shall be that count as of September 30 in each school year.

(b) Effective September 1, 2000

Each principal will receive a base allowance of $2,985, plus

$65.13 for each of the first 100 students

$18.22 for each of the next 100 students

$17.94 for each of the next 100 students

$16.03 for each of the next 100 students

$15.42 for each of the next 100 students

$13.42 for each of the next 100 students

$13.22 for each remaining student.

(c) Where the early childhood services program is part of the regular school program under the jurisdiction of the Board, each pupil shall be counted as 0.6 of a pupil for purposes of administrative allowances.

 

5.1.2 Division Principal's Allowance

 

A principal seconded to act as division principal shall receive the principal's allowance assigned to the school from which that principal was seconded.

 

5.1.3 Vice-Principal

(a) The vice-principal shall receive an allowance equivalent to 1/2 the allowance paid to the principal under this clause.

(b) Where there is more than one vice-principal, a sum equal to 100 percent of the principal's allowance shall be divided between them as agreed by the principal and vice-principals within that school. Where agreement cannot be reached, the vice-principal allowance will be divided between them in the ratio of their assigned administrative time allotment.

 

5.1.4 Department Heads, Consultant and Coordinator

 

September 1, 2000

(a) Department Heads - $2,468.19

(b) Consultant - $3,543.62

(c) Coordinator - $6,916.82

 

5.2 In a school where there are nine or more full-time equivalent teachers including the principal, the Board shall designate one teacher to be vice-principal. Notwithstanding this provision, the teaching staff in a school may, through a 2/3 majority vote of the principal and the teachers of the school, propose to the Board an alternative disposition of the amount normally payable as a vice-principal's allowance to be applied to an alternate staffing arrangement at the school. Such decisions shall normally be in effect for not less than two years. Any change must be decided no later than April 30 of the year preceding the change.

5.3.1 Where a vice-principal acts in place of a principal for more than 10 consecutive school days, the vice-principal shall receive an allowance equivalent to that of the principal's allowance for such excess period. Such designation shall terminate upon the principal's return to duty or upon the appointment of a new principal.

 

5.3.2 In the absence of the principal from a school where there is no vice-principal or in the absence of both the principal and vice-principal(s) from a school, a teacher shall be designated by the Board to be acting principal and shall be paid 50 percent of the principal's allowance should the principal or both the principal and vice-principal(s) be absent for two full school days or more and such allowance shall be payable back to the first full day of designation. Such designation shall terminate upon the return to duty of the principal or either the principal or vice-principal(s) or upon the appointment of a new principal, who has assumed responsibility within the school, whichever is sooner.

 

5.4 When the Board creates an administrative position not currently provided for under article 5, the Board will negotiate an allowance with the teacher's economic policy committee's negotiating subcommittee before advertising and filling such position. If, after 10 days from the time notice is given to the economic policy committee, no agreement is reached, the Board may proceed to fill the position with the understanding that the amount of the allowance will be on the bargaining table at the next round of salary negotiations.

 

5.5 In the event that the Board initiates the transfer of a principal or vice-principal and such transfer results in an administrative allowance that is less than the allowance the teacher currently receives, the Board will maintain the higher allowance payment for the balance of the school year in which the transfer occurs to a maximum of one school year.

 

6. Teacher Education

 

6.1 The evaluation of teacher education for salary purposes shall be determined by the statement of qualifications issued by the Alberta Teacher Qualifications Service.

 

6.2 The adjustment dates for changes in salary relating to years of teacher education shall be the commencement of the school year and February 1, of each year.

 

6.3 Each teacher claiming additional teacher education and each teacher commencing employment with the Board shall supply satisfactory evidence of teacher education to the Board within 45 calendar days from commencement of the school year or from the date of commencement of employment or adjustment dates. If satisfactory evidence is not submitted within 45 calendar days, the teacher's salary shall be adjusted effective the beginning of the month following submission of satisfactory evidence. This clause shall not apply if the teacher submits a copy of the teacher's application for evaluation of teacher education to the Board within 45 calendar days of commencement of employment or adjustment dates.

 

6.4 Until the teacher submits satisfactory evidence, the teacher shall be placed on the salary schedule according to the most recent Teacher Qualifications Service statement of qualifications or according to the minimum education requirements for the teacher's teaching certificate.

 

7. Teaching Experience

 

7.1 A year of teaching experience shall be earned by providing service with the Board for the equivalent of 125 school days. Such teaching experience must be earned within four consecutive years with the Board. When a year of teaching experience has been earned, the teacher shall not begin to earn credit towards another year of teaching experience until the commencement of another school year or February 1, whichever occurs first.

 

7.2 (a) The number of years of teaching experience earned by a teacher prior to engagement by the Board will be counted as teaching experience provided such experience required the teacher to hold a valid Alberta teaching certificate or its equivalent.

(b) No teacher shall receive increments for teaching experience gained while the teacher was not holding a valid teaching certificate.

 

7.2.1 The adjustment date for changes in the number of years allowed for teaching experience shall be at the commencement of the school year or on February 1 of each year.

 

7.3 The teacher shall be responsible to submit satisfactory evidence of teaching experience to the Board. Satisfactory evidence shall be deemed to be documentation from Boards which employed the teacher. Until 45 days have elapsed from commencement of employment or until satisfactory evidence is submitted, the teacher shall be paid for experience as claimed by the teacher. If within the 45 days satisfactory evidence is not submitted, the teacher shall be paid for zero years of teaching experience and will only have the teacher's pay level adjusted effective the beginning of the month following the submission of satisfactory evidence of teaching experience.

 

7.4 Notwithstanding clause 7.3, if proof of written attempts to secure satisfactory evidence of teaching experience is supplied within 45 days, teaching experience shall be paid retroactively according to clause 7.2.1.

 

7.5 Substitute teaching shall not be counted as teaching experience except that substitute teaching done under contract shall be counted as teaching experience for increment adjustment purposes.

 

7.6 For the purposes of this article, school days shall mean teaching days as defined in section 78(1) of the School Act.

 

8. Substitute Teachers

 

8.1 A substitute teacher is a teacher employed on a day-to-day or a part day basis where a contract of employment is not in effect.

 

8.2 Effective the first of the month following ratification of this collective agreement by the parties, substitute teachers shall be paid at the rate of $127.04 per diem, which includes four percent vacation pay. Payment for part days shall be prorated but in no case shall payment be for less than 1/2 day.

 

8.3 Payment shall be made at the daily rate for the first five consecutive school days. On the sixth and subsequent days in the same school where a substitute teacher continues to replace the same regular teacher, payment shall be made according to placement on the salary schedule.

 

8.4 Substitute teachers shall be paid not later than the tenth day of the month following the days taught provided the necessary payroll information is submitted no later than the third calendar day of that month.

 

9. Vocational Teachers

 

9.1 A vocational teacher is any teacher who has acceptable trade certification or its equivalent, a valid Alberta teaching certificate and teaching a minimum of 50 percent in the area of trade certification.

 

9.2 In the case of vocational teachers, the Board shall have the right to determine the initial grid placement as they deem reasonable and necessary. Initial grid placement shall be no less than:

(a) One year of experience for each year of vocational experience up to a maximum of seven years; and

(b) After the seventh year, one year of experience for every two years of vocational experience.

 

9.3 Vocational experience for clause 9.2 shall be that experience gained following the date a candidate attains journeyman status or equivalent and further, such experience must be in the vocational area that the candidate is registered in while pursuing the university vocational education program.

 

9.4 The gross salary of such placement shall not exceed the maximum salary for the year of teacher training for which the teacher qualifies as assessed by the evaluation authority as provided in clause 6.1.

 

9.5 Teachers teaching in an area of journeyman certification and holding journeyman's qualifications or the equivalent which have not been recognized under clause 6.1 shall be granted one year of teacher education for such qualifications.

 

9.6 Once placed on a salary schedule, vocational teachers shall in the same manner as other teachers move vertically down the grid as their experience increases and horizontally across as their years of teacher training increases.

 

10. Sick Leave

 

10.1 Sick leave, with pay, shall be granted to a teacher for the purpose of obtaining necessary medical or dental treatment or because of accident, sickness or disability, in accordance with the following schedule:

(a) After one year of service - 90 calendar days.

(b) Less than one year of service - statutory sick leave including the first eight days of the 20 not yet earned.

 

10.1.1 In the event that during the first year of service:

(a) A teacher has insufficient sick leave to provide full salary during the qualifying period for Alberta School Employee Benefit Plan (ASEBP) extended disability benefits; and

(b) The teacher is accepted by the insurance carrier as an extended disability claimant, the Board will pay the salary of the teacher for the period of insufficient sick leave to a maximum of 90 calendar days once the teacher is accepted by the insurance carrier as an extended disability claimant and receives the first extended disability payment.

 

10.2 Provisions of the sick leave shall be suspended and the benefits of the ASEBP extended disability shall apply where a teacher is so eligible for these ASEBP benefits.

 

10.3 During the second and subsequent years of continuous service, annual sick leave with full salary will be granted for the purpose of obtaining necessary medical or dental treatment or because of accident, sickness or disability for 90 calendar days.

 

10.4.1 A teacher who is absent from school duties to obtain necessary medical or dental treatment or because of accident or sickness for a period of three consecutive teaching days or less shall be required to present to the principal a signed statement giving the reason for such absence, immediately upon return to teaching duties.

 

10.4.2 (a) A teacher who is absent from school duties to obtain necessary medical or dental treatment or because of accident, disability or sickness for a period of more than three consecutive teaching days shall be required to present a medical certificate(s).

(b) Should a teacher fail to supply the medical certificate(s), the Board may deduct 1/200 of the teacher's salary for each day absent.

 

10.4.3 When a teacher has been absent on sick leave in excess of 20 consecutive school days and wishes to return to work the teacher may be required by the Board to provide medical evidence stating that the teacher is fit to perform regular duties.

 

10.5 Provisions of this article shall not be applicable when a teacher is on leave, with or without pay or while on strike.

 

10.6 Any sick leave available to a teacher shall be cancelled when a teacher leaves the employ of the Board.

 

10.7 A teacher who has more than one year of continuous service and has been absent due to medical disability shall upon return to regular duty on written recommendation of a physician, be entitled to an additional sick leave benefit of 90 calendar days.

 

11. Professional Improvement Leave

 

11.1 Professional improvement leave may be granted by the Board, on application by a teacher, for study to improve the teacher's academic or professional education or for travel or experience which is useful in improving the teacher's service.

 

11.2 To be eligible for professional improvement leave under clause 11.1, the teacher shall have accumulated five full-time equivalent years with the Board.

 

11.3 A teacher who is granted professional improvement leave shall:

(a) give an undertaking in writing to return to the teacher's duties following the expiration of the teacher's leave;

(b) not resign or retire from teaching service other than by mutual agreement between the Board and the teacher for a period of

(i) two years after resuming duties following a leave of one year or

(ii) up to 24 months determined by multiplying each month of leave by two after resuming duties following a leave of less than one year; and

(c) in the case of leave granted to study, provide a transcript of the program or course taken, upon return from professional improvement leave.

 

11.4 All applications for professional improvement leave shall be submitted to the Board by February 1 preceding the school year in which the professional improvement leave is to commence.

 

11.5 The Board, after having the applications reviewed by a committee composed of two teacher representatives (appointed by the Local executive council) and the superintendent, shall determine, not later than April 1, the number and persons if any, to be granted professional improvement leave.

 

11.6 A teacher who is granted professional improvement leave shall receive a salary equivalent to 50 percent of the salary paid to a teacher with four years of teacher education and five years of experience. Payments shall be made in accordance with clause 17.1. The total allowance is that rate in effect at the time of granting the leave.

 

11.7 The Board may grant professional improvement leave for a period of less than one year. A teacher granted such leave shall receive an allowance paid at a prorated basis to the amount provided in clause 11.6 calculated in the ratio that the period of approved leave bears to the school term.

 

11.8 The teacher granted a professional improvement leave shall enter into an individual written agreement with the Board as to the conditions under which the teacher shall return to the school system.

 

11.9 A teacher taking professional improvement leave up to 30 consecutive calendar days will be reinstated to the same position held prior to the leave being taken.

 

11.10 A teacher taking professional improvement leave in excess of 30 consecutive calendar days shall be entitled to return to a teaching position within the Board.

 

11.11 Should a teacher fail to return to teaching duties or should a teacher resign or retire before completing the teacher's commitment following professional improvement leave, the teacher shall repay the amount specified in clause 11.6 plus interest calculated at the rate of 10 percent.

 

11.12 No experience increment shall be earned during the period of professional improvement leave.

 

12. Maternity Leave and Adoption Leave

 

12.1 Maternity Leave

 

12.1.1 Maternity leave will be for a maximum of 18 weeks and will be without pay and without Board contributions to health plan benefits except that the Board will pay its portion of contributions for health plan benefits when the teacher is in receipt of sick leave preceding the 10 weeks before the estimated date of delivery and when the teacher is in receipt of benefits under the Board's SUB plan.

 

12.1.2 When a teacher is unable to attend work and perform duties for reasons associated with her pregnancy, the teacher will be eligible for one of the following options. Such absences must be supported by medical documentation.

(a) If the absence occurs prior to 10 weeks before the estimated date of delivery, the teacher will be placed on sick leave, to the extent that sick leave credits for the teacher exists, until such point as the teacher is eligible to apply for extended disability benefits or the date 10 weeks prior to the estimated date of delivery. At the date which is 10 weeks prior to the estimated date of delivery, the teacher must commence her maternity leave, make application for employment insurance benefits and proceed to the Board's SUB plan. Should the teacher not be eligible for EI maternity/parental benefits, the teacher will be eligible to access sick leave credits, to the extent that sick leave credits exist for the teacher, during the health related portion of the maternity leave.

(b) If the absence occurs within the 10 week period before the estimated date of delivery, the teacher must commence her maternity leave, make application for employment insurance benefits and proceed to the Board's SUB plan.

(c) If the teacher remains at work until the date of her delivery, on that date, the teacher must commence her maternity leave, make application for employment insurance benefits and proceed to the Board's SUB plan.

 

12.1.3 The SUB plan of the Board will provide, during the two week waiting period and while the teacher is receiving EI benefits, top up of a teacher's normal weekly earnings:

(a) for a period equivalent to the number of sick leave credits available to the teacher where such credits are less than 90 calendar days or

(b) for a period of 13 weeks or

(c) until the teacher is eligible to apply for extended disability benefits

whichever is the shortest period.

 

12.1.4 When a teacher has been absent from work and unable to perform duties due to her pregnancy for a period of 90 consecutive calendar days, the teacher must apply for extended disability benefits.

 

12.1.5 The provisions of the sick leave article do not apply where a teacher is unable, due to pregnancy, to report to work and perform duties except in the circumstance addressed in 12.1.2 (a) above.

 

12.1.6 When a teacher is on sick leave or on the Board's SUB plan, the Board will continue to contribute its portion of premiums for health plan benefits. When the Board's contributions cease, the teacher will, subject to ASEBP's approval, have the option of remaining on her health plan benefits provided the teacher contributes 100 percent of the required premiums.

 

12.1.7 A teacher intending on taking a maternity leave shall submit a medical certificate attesting to pregnancy and indicating the expected date of delivery. A teacher who wants to commence her maternity leave prior to being unable, due to her pregnancy, to attend at work and perform duties should provide the Board with as much advance notice as possible, but in no instance, less than two weeks notice.

 

12.1.8 In addition to the maternity leave period of 18 weeks, the Board will also provide a period of leave, contiguous with the maternity leave, of up to 34 weeks without pay and Board contributions to health plan benefits. The terms of the additional leave will be arranged between the teacher and the Board.

 

12.1.9 A teacher returning from maternity leave or additional leave under clause 12.1.8 should give the Board as much advance notice as possible, but in no instance, less than two weeks notice. On return to work from maternity leave, the teacher will be provided her former position, if practicable or a comparable position. This does not imply that the teacher has any advantage or disadvantage in the event that staff reduction or program changes become necessary in a particular school.

 

12.1.10 A teacher wishing to return to work prior to the expiration of the six week period following the delivery of the teacher's child, may be asked to provide medical documentation indicating that the teacher is medically able to return to work and perform duties with the Board.

 

12.1.11 Should a teacher in her first year of service qualify for payment under article 10 of this agreement during her health related absence, the Board will provide SUB payments and Board contributions to employee benefits in lieu of sick leave in accordance with article 10, except where the teacher in ineligible for EI benefits, in which case the teacher will be paid sick leave and provided Board contributions to her benefits in accordance with article 10.

 

12.2 Adoption Leave

 

12.2.1 (a) Unless otherwise agreed, teachers are entitled to 18 weeks adoption leave without pay and benefits.

(b) Teachers on adoption leave may make arrangements through the Board to prepay premiums for applicable benefits.

 

12.2.2 A teacher shall notify the Board of their intent to resign or to retain their position at least two weeks prior to the end of the period of absence, subject to the discretion of the superintendent.

 

12.2.3 A teacher shall advise the Board in writing of the teacher's acceptance by the appropriate agency as an adoptive parent within 30 days of such notification of acceptance. Such notification shall include any documentation from said agency confirming the applicant's acceptance.

 

12.2.4 Commencement of leave shall occur the day the child comes into full care of the teacher. Leave may commence earlier if agreed to by the Board.

 

12.2.5 (a) Teachers returning from adoption leave shall be returned to the position held at the commencement of the leave.

(b) The phrase "returned to the position held at the commencement of the leave" in this article does not imply that a teacher on leave has any advantage or disadvantage in the event that staff reduction or program changes become necessary in a particular school.

 

12.2.6 A teacher shall be granted one day leave, with pay and benefits, for the adoption of their child.

 

13. Other Leaves of Absence

 

13.1 Leave necessitated by critical illness or death of a spouse, child, parent, legal guardian, parent-in-law, grandparent, son-in-law, daughter-in-law, brother, sister, grandchild, brother-in-law, sister-in-law, grandparent of spouse, shall be granted with full salary by the Board as follows:

(a) Not more than five teaching days for critical illness.

(b) Not more than five teaching days for death.

 

13.2 Leaves necessitated by the death of an aunt, uncle, niece or nephew shall be granted with full salary by the Board for not more than one teaching day.

 

13.3 Those days referred to in clauses 13.1 and 13.2 may be extended at the discretion of the Board should additional time be required.

 

13.4 Provided the convocation or examination day fall on a school day, a teacher is entitled to leave of absence with pay for one day for each of the following:

(a) the teacher's own convocation

(b) the convocation of the teach's son, daughter or spouse

(c) to allow the teacher to write an examination related to his/her academic studies.

 

13.5 Leaves of absence for salary negotiations shall be granted to a maximum of four teachers without loss of salary provided that the salary of the substitute teacher as provided in this agreement, shall be paid by the Association to the Board for each day of such leave.

 

13.6 Upon application to the superintendent of schools, a leave of absence for Alberta Teachers' Association/Alberta Learning business may be granted without loss of salary provided that an amount equal to the salary of a substitute teacher shall be paid to the Board for each day of such leave. Leave shall not exceed three days per school year unless authorized by the superintendent.

 

13.7 On application to the superintendent, a teacher shall be granted two days leave of absence with pay per year for the purpose of obtaining necessary medical or dental treatment not available within 50 kilometres of the teacher's residence for members of the teacher's immediate family where the assistance of the teacher is required. Immediate family shall be defined as the teacher's spouse, sons and daughters.

 

13.8 Leave of absence without loss of salary shall be granted

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

(b) to answer a subpoena or summons to attend as a witness in any proceeding authorized by law to compel the attendance of witnesses,

 

provided that the teacher remits to the Board any witness fee or jury stipend (excluding allowances and/or expenses) set by the court or other body. In a court case between the ATA and a Board where the court subpoenas a teacher to testify against the Board, the ATA will reimburse the Board for the teacher's salary.

 

13.9 Leave of absence of up to three days per school year may be used by a teacher to attend to personal matters provided that:

(a) normally such leave shall not be used to extend a vacation or holiday period, except in extenuating circumstances where the prior written approval is obtained from the superintendent or the superintendent's designate;

(b) written approval has been granted by the principal prior to such leave being utilized and in the case of principals and central office staff, written approval has been granted by the superintendent prior to such leave being utilized; and

(c) costs of a substitute shall be borne by the teacher whether or not one is engaged.

 

13.10 A teacher who, despite reasonable effort, is unable to travel to the teacher's school from the teacher's usual place of residence because of (a) inclement weather; (b) impassable road conditions; or (c) the failure of transportation facilities other than the teacher's own, is entitled to the teacher's salary for the periods of absence so occasioned.

 

13.11 A male teacher shall be granted a one day leave, with pay and benefits, to be present at the birth of the teacher's child.

 

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

 

14. Grievance Procedure

 

14.1 Any difference between any employee covered by the collective agreement and the Board or in a proper case between the Alberta Teachers' Association and the Board concerning the interpretation, application, operation or alleged violation of this collective agreement and further including any dispute as to whether the difference is arbitrable, shall be dealt with as herein provided without stoppage of work or refusal to perform work.

 

14.1.1 (a) Such a difference (hereinafter called "a grievance") shall first be submitted in writing to the superintendent of the Board and to the secretary of the Local of the Alberta Teachers' Association as the case may be. Such written submission shall be made within 15 days from the date of the incident giving rise to the grievance or from the date the grievor first has knowledge of the incident, whichever is later. Such grievance shall set out the nature of the grievance, the articles of the collective agreement which it is alleged have been violated and the remedy sought.

(b) Both the employee and/or the employer and/or their representatives shall meet to resolve the grievance within 10 days of the receipt of the grievance notice.

(c) In the event that the grievance concerns matters of salary, the Board agrees to provide relevant payroll records if requested by the grievor or the grievor's representative.

 

14.2 In the event that the grievance is not settled within 15 days after the date of submission of the grievance in accordance with the above procedure, then either party may, by written notice served on the other party, require the establishment of an arbitration board as hereinafter provided. Such notice must be given within a reasonable period of time.

 

14.3 Each party shall appoint one member as its representative on the arbitration board within seven days of such notice and shall so inform the other party of its appointee. The two members so appointed shall within five days of the appointment of the second of them, appoint a third person who shall be the chairman. In the event of any failure to appoint a chairman, either party may request the Director of Mediation Services to make the necessary appointment.

 

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

 

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

 

14.5 The finding and decision of a majority is the award of the arbitration board and is final and binding upon the parties and upon any employee affected by it. If there is not a majority, the decision of the chairman governs and it shall be deemed to be the award of the arbitration board.

 

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

 

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

 

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

 

14.8 In the event, at any stage of the aforesaid procedure (except in respect of appointing persons to the board) the grieving party fails to take the actions specified and within the time limits specified, the grievance shall be deemed to be at an end.

 

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

 

15. Transfers

 

15.1 When the Board requests a teacher to transfer to another school, except where the transfer is necessitated by a staff reduction, the Board shall pay, to the maximum of $2,000, household moving expenses necessarily incurred by the teacher provided that the transfer requires a change of residence. This clause is subject to the following:

(a) prior Board approval of moving expenses is obtained,

(b) the minimum moving distance is 20 kilometres or greater,

(c) the move must be within 25 kilometres of the designated school community; and

(d) the move is completed within 12 months of the teacher being notified of the transfer.

 

15.2 Prior to a transfer, the superintendent or designate will meet with the teacher being considered for transfer.

 

15.3 If during the current school year a teacher is transferred, the teacher will be provided a minimum of one day of non-instructional time to prepare for the new assignment.

 

15.4 Where a teacher has not requested a transfer and has been transferred by the Board to a school in a community more than 25 kilometres from the last school assignment during the current school year, the teacher will be paid a kilometre allowance for the return distance between the two schools in questions, for a period not to exceed 60 calendar days, from the time of transfer notice.

 

16. Group Insurance

 

16.1 When enrolment and other requirements for group participation in various plans have been met, the Board will sponsor such plans to the portion agreed upon and such sponsorship shall not exceed that which is authorized or accepted by the benefit agency.

 

16.2.1 The Board shall pay 80 percent towards the premiums payable for the total of the following plans in which a teacher is enrolled:

(a) Extended Disability Benefits, Plan D

(b) Extended Health Care, Plan 1

(c) Dental Care, Plan 3

(d) Life Insurance, Schedule 2

(e) Alberta Health Care.

 

16.2.2 The Board shall pay 50 percent towards the premiums payable for the ASEBP Vision Care, Plan 3.

 

16.2.3 Premium contributions paid under clauses 16.2.1 and 16.2.2 will be applied by the Board in the most tax advantageous manner for the teacher.

 

16.3 Subject to the provisions of the master policies, all teachers appointed to the staff of the Board after the signing of this collective agreement shall be required to enroll in the ASEBP plans and AHC. All teachers enrolled in the plans on the signing date of this agreement shall continue to be enrolled in the plans. A teacher may be exempted from participation in the extended health care plan and the dental care plan and the vision care plan and the AHC plan upon submitting proof of participation in these or similar plans through the teacher's spouse.

 

16.4 Payments towards benefit plans by the Board shall permit it to retain and not pass on to teachers, any rebates of premiums otherwise required under Canada Employment and Immigration Commission regulations.

 

16.5 Teachers on professional development leave or any other voluntary leave in excess of 30 calendar days shall be solely responsible for any costs or premiums relating to any benefit plans the teacher participates in under this collective agreement for the duration of the leave. The letter of intent attached to this collective agreement is also applicable with regard to the intent and application of this clause.

 

17. General

 

17.1 Except for substitute teachers, each teacher shall be paid 1/12 of his/her annual rate of salary per month.

 

17.2 Teachers shall have their salary payments transferred directly to their bank for deposit purposes. Staff are required to have an account available for direct deposit. The provisions of this clause shall also apply to substitute teachers.

 

17.3 Salary payments shall be made on the closest banking day on or prior to the 26 day of each month.

 

17.4 Except where a teacher agrees otherwise, a teacher required by the Board to travel by automobile to two or more schools in the performance of his/her duties shall be reimbursed at the kilometrage rate for trustees of the Board.

 

17.5 Part-Time

(a) Any teacher employed on a full-time (1.0 FTE) continuing contract who agrees to employment on a part-time contract shall be given a part-time continuing contract for an agreed upon period and notwithstanding section 84(2) of the School Act, that contract shall be for a specified portion of a full-time equivalent which shall not be varied during that time except by consent.

(b) At the end of the initial or any subsequent time period the teacher shall return to a full-time contract unless, prior to May 1 of the year in question, the teacher and the Board agree to renew the part-time contract arrangement for a new time period. Nothing in this clause precludes any change in the contract by mutual consent.

(c) If the length of the part-time contract noted in (a) above is one year or less, the teacher shall be returned to the position held prior to the part-time teaching assignment. Should that position no longer exist, the teacher shall be placed in a full-time position with the Board. Should the teacher continue in the part-time position for more than one year, that teacher shall be placed in a full-time teaching position with the Board upon the teacher's return to full-time service.

 

17.6 Probationary Contracts

 

The superintendent of schools shall endeavor to provide written notification to a teacher not in receipt of a continuing contract by May 1 as to whether or not the teacher will be offered a continuing contract.

 

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

 

17.8 All previous collective agreements and schedules between the parties are hereby cancelled.

 

 

LETTER OF INTENT

 

The Board is concerned with its potential long term liability for the payment of its contributions to employee benefits during certain leave situations. The teachers have agreed to jointly study this matter with the Board with a view to developing a clear understanding of alternative approaches and of the legal, financial and ethical ramifications of these approaches. Any joint recommendations will be forwarded to the two parties prior to the commencement of the next round of collective bargaining.

 

During the term of this agreement, it is understood that the Board will continue the practice of contributing its portion of the benefits during a teacher's sick leave entitlement and that Board contributions to employee benefits will cease when such leave entitlements are used and/or when teachers are in receipt of extended disability benefits.