The Alberta Teachers’ Association

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 "Employer")             OF THE FIRST PART

AND

The ALBERTA TEACHERS’ ASSOCIATION, a body corporate,

incorporated under the laws of the Province of Alberta

(hereinafter called the "Association")          OF THE SECOND PART

WHEREAS the Association is the bargaining agent for the teachers employed by the Employer, and

WHEREAS the 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 Employer who, as a condition of employment, must possess a valid teaching certificate issued under the authority of the Department of Education, the Province of Alberta, herein collectively called the teachers, or, where the context requires, teacher, except those designated as:

(a) superintendent

(b) Chief Deputy Superintendent

(c) Deputy Superintendent

(d) Assistant Superintendent

(e) Associate Superintendent

(f) Manager/Director of Human Resources

2.   MANAGEMENT RIGHTS

2.1   The Employer retains those residual rights of management not specifically limited by the expressed terms of the Collective Agreement.

3.   TERM AND EFFECTIVE DATE

3.1   This Collective Agreement takes effect on September 1, 2012 and remains in effect until August 31, 2016. 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 Employer 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 Employer. The following are the salary rates for each year of teacher education and each year of teaching experience.

4.4   (a) Effective September 1, 2012 the following salary schedule shall apply:

Effective September 1, 2012, Step 11 will become a combined step re-named Step 10/11. Effective September 1, 2013, Step 11 will be deleted from the collective agreement.

(b) Effective September 1, 2015 the following salary schedule shall apply (all salaries increased by two per cent).

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

4.5   Provisions of this agreement in respect of salary, allowances, leaves 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 0.5 or greater, shall be eligible to receive Employer 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) (i) Effective September 1, 2012:

Each principal will receive a base allowance of $4,631.61, plus

(ii) Effective September 1, 2015, increase Principals’ allowance by two per cent:

Each principal will receive a base allowance of $4,724.24, plus

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

(d) Where pupils receive a portion of their instruction in a second school, each student shall be counted as 0.1 of a pupil in the count for administrative allowances in the second school.  The sending school will not be reduced by any amount.

5.1.2   Division Principal's Allowance

A principal seconded to act as division principal shall receive the current 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 per cent 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, Coordinator and Director

Effective September 1, 2015, increase Department Heads, Consultant, Coordinator and Director allowances by two per cent.

5.2   In a school where there are nine or more full-time equivalent teachers including the principal, the Employer 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 Employer 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 five 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 Employer to be acting principal and shall be paid 50 per cent of the principal's allowance should the principal or both the principal and vice-principal(s) be absent for one full school day or more, excluding monthly administration meetings, 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.

Effective September 1, 2014, the monthly administration meetings shall not be excluded from this clause.

5.4   When the Employer creates an administrative position not currently provided for under article 5, the Employer 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 Employer 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 Employer 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 Employer 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. 

Effective September 1, 2014, the Employer will maintain the higher allowance payment for the balance of the school year in which the transfer occurs to a maximum of three (3) school years.

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 Employer shall supply satisfactory evidence of teacher education to the Employer 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 Employer 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 Employer for the equivalent of 125 school days. Such teaching experience must be earned within four consecutive years with the Employer.  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 Employer 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 Employer.  Satisfactory evidence shall be deemed to be documentation from Employers 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.

7.5.1   Notwithstanding article 7.5, substitute teaching within Battle River Regional Division shall be counted as teaching experience for increment purposes provided they are worked in the Battle River Regional Division No 31.

7.6   For the purposes of this article, school days shall mean teaching days as defined in section 97(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 September 1, 2012 substitute teachers shall be paid at the rate of $205.02 per diem, which includes four per cent vacation pay.  Payment for part days shall be prorated but in no case shall payment be for less than one-half day.

Effective September 1, 2015, substitute teachers shall be paid at the rate of $209.12 per diem (daily rate of pay increased by two per cent), which includes four per cent vacation pay.  Payment for part days shall be prorated but in no case shall payment be for less than one-half 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. 

Effective September 1, 2014, the daily rate shall be paid for the first four consecutive school days and the fifth 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 per cent in the area of trade certification.

9.2   In the case of vocational teachers, the Employer 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 Employer 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. 

Effective September 1, 2014, where a teacher is accepted onto EDB, the Employer agrees to continue with its share of premium contributions and health spending account contributions as outlined in Article 16.

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 Employer may deduct 1/200 of the teacher's salary for each day absent.

(c) In the event of an epidemic or pandemic, the Employer may waive the requirement to provide medical certification upon written notification to the Coordinator of Teacher Welfare of the Alberta Teachers’ Association.

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 Employer 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 Employer.

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 Employer, 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 Employer.

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 Employer 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 Employer by February 1 preceding the school year in which the professional improvement leave is to commence.

11.5   The Employer, 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 per cent 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 Employer 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 Employer 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 Employer.

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 per cent.

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

12.   MATERNITY, PARENTAL AND ADOPTION LEAVE

12.1   Maternity Leave

12.1.1   Maternity leave will be for a maximum of 15 weeks and will be without pay and without Employer contributions to health plan benefits except as described below.

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.  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 may commence her maternity leave, make application for employment insurance benefits and proceed to the Employer's 95 per cent SUB plan, or the teacher may be placed on sick leave.

12.1.3   No later than the date of delivery, the teacher must commence her maternity leave, make application for employment insurance benefits and proceed to the Employer’s 95 per cent SUB plan.

12.1.4   The 95 per cent SUB plan of the Employer 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.

12.1.5   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 may apply for extended disability benefits.

12.1.6   When a teacher is on sick leave or on the Employer's SUB plan, the Employer will continue to contribute its portion of premiums for health plan benefits.  When the Employer'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 per cent of the required premiums.

12.1.7   A teacher intending on taking a maternity leave shall submit a medical certificate attesting to the expected date of delivery.  A teacher who wants to commence her maternity leave should provide the Employer with as much advance notice as possible, but in no instance, less than four weeks notice.

12.1.8   In addition to the maternity leave period of 15 weeks, the Employer will also provide parental leave, contiguous with the maternity leave, of up to 37 weeks without pay and without Employer contributions to health plan benefits.

12.1.9   A teacher returning from maternity leave or additional leave under clause 12.1.8 should give the Employer as much advance notice as possible, but in no instance, less than four 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 Employer.

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 Employer will provide SUB payments and Employer contributions to employee benefits in lieu of sick leave in accordance with article 10, except where the teacher is ineligible for EI benefits, in which case the teacher will be paid sick leave and provided Employer contributions to her benefits in accordance with article 10.

12.2   Adoption/Parental Leave

12.2.1 (a) Teachers are entitled to 37 weeks adoption/parental leave without pay and without benefits.

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

12.2.2   A teacher shall advise the Employer in writing of the teacher’s acceptance as an adoptive parent within 4 weeks of such notification of acceptance.  Such notification shall include any documentation from said agency confirming the applicant’s acceptance.  In any event, the teacher will provide the Employer with as much notice as possible for the date the leave is to commence.

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

12.2.4   Teachers shall provide four weeks notice prior to accessing parental leave.

12.2.5   A teacher returning from adoption leave or parental leave under clause 12.2.1 should give the Employer as much advance notice as possible, but in no instance, less than 4 weeks notice.  On return to work from adoption/parental leave, the teacher will be provided the teacher’s 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.

12.2.6   A teacher shall be granted two days 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 Employer 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 Employer for not more than two teaching days.

13.3   Those days referred to in clauses 13.1 and 13.2 may be extended at the discretion of the Employer 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 teacher'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 Employer for each day of such leave.

13.6   Upon application to the superintendent or assistant superintendent personnel, a leave of absence for Alberta Teachers' Association/Alberta Education 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 Employer for each day of such leave.  Leave shall not exceed three days per school year unless authorized by the superintendent or assistant superintendent personnel.

13.7   On application to the superintendent, and subject to the approval by the superintendent or designate from division office, a teacher shall be granted two days leave of absence with pay per year for the purpose of obtaining necessary medical or dental treatment 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, child or parent. Any absence from the work site for family medical leave shall be recorded as such.  The reduction in the entitlement for each occurrence of family medical leave shall be a minimum of one half day.

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 Employer 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 Employer where the court subpoenas a teacher to testify against the Employer, the ATA will reimburse the Employer 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 division office staff, written approval has been granted by the superintendent or assistant superintendent personnel prior to such leave being utilized; and

(c) one day of personal leave is provided with no substitute cost.  The teacher shall be responsible for the cost of the substitute for the second and subsequent days, at the daily substitute rate, whether or not one is engaged.

13.9.1   A teacher may accumulate up to an additional two days leave to attend to personal matters. Leave taken pursuant to this clause shall be as provided for in clause 13.9.

Effective September 1, 2015, Clause 13.9 and 13.9.1 shall be replaced by the following:

In consultation with the principal, and with two weeks notice where possible, a teacher shall be granted two fully paid days personal leave per school year, except where there is a conflict with the operational feasibility of the school.  In consultation with the superintendent, and with two weeks notice where possible, a principal shall be granted two fully paid days personal leave per school year, except where there is a conflict with the operational feasibility of the school.

(a) These days may be used to extend a holiday period or long weekend.

(b) For any teacher commencing employment with the Employer after January 1 of a school year, for that school year, they shall only be entitled to one personal leave day under these provisions.

(c) Each year, each teacher shall be entitled to accumulate their unused personal leave entitlements to a maximum of five days.

(d) No teacher may utilize more than five personal leave days, under Clause 13.9, in any one school year.

(e) Personal leave days accumulated under the provisions in effect August 31, 2015 will be forfeited if not utilized prior to September 1, 2017.

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 teacher shall be granted two days 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 Employer with pay and with benefits, with pay and without benefits, without pay and with benefits or without pay and without benefits at the discretion of the Employer.

14.   GRIEVANCE PROCEDURE

14.1   Any difference between any employee covered by the Collective Agreement and the Employer or in a proper case between the Alberta Teachers' Association and the Employer 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 Employer and to the Economic Policy Committee Chair of the Local and the Coordinator of Teacher Welfare 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 Employer 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 Employer requests a teacher to transfer to another school, except where the transfer is necessitated by a staff reduction, the Employer shall reimburse the teacher, 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 Employer 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 Employer 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 question, for a period not to exceed 60 calendar days, from the time of transfer notice.  The kilometer allowance shall be based upon the rate used for trustees of the Board.

16.   GROUP INSURANCE

16.1   When enrolment and other requirements for group participation in various plans have been met, the Employer 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 Employer shall pay 100 per cent 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

(f) Vision Care, Plan 3

16.2.2  Premium contributions paid under clause 16.2.1 will be applied by the Employer in the most tax advantageous manner for the teacher.

16.3   Health Spending Account

The Employer will establish for each eligible teacher a Health Spending Account for the use of the eligible teacher, his/her spouse and dependents, and administered by the Alberta School Employee Benefit Plan (ASEBP), which adheres to Canada Revenue Agency (CRA) and Income Tax Act requirements.  The Employer will contribute $500 per teacher, per year, prorated as per Clause 4.5.1 of this agreement, to such account, contributions to be made monthly.  The unused balance will be carried forward to the extent permitted by the CRA.  Teacher leaving the employ of the Employer for any reason will forfeit any remaining balance. In this article, “eligible teacher” means any teacher on a continuing, probationary, interim or temporary contract of at least five months duration.  It is understood that where the Employer discontinues payment to benefit premium contributions, contributions to a health spending account will also cease.

Effective September 1, 2014, the Employer will increase its contribution to the health spending accoung to $550 per teacher, per year, prorated as per Clause 4.5.1 of this agreement.

16.4   Subject to the provisions of the master policies, all teachers appointed to the staff of the Employer 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.

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

16.6   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 Employer 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 Employer.

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 103(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 Employer 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 Employer.  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 Employer 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 June 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.

18. SUBROGATION

18.1   When a teacher receives salary benefits from the Employer because the teacher has been injured through the fault of another party, the Employer has subrogation rights.  This means that the teacher may be required to make a claim to recover the amount of the salary and benefits from the other party.  Depending on the outcome of the teacher’s claim, provided the teacher’s gross recovery is equal to, or greater than, that which has been paid to the teacher by the Employer, the teacher may be obliged to reimburse the Employer for any salary and benefits that have been paid to the teacher.

LETTER OF INTENT #1

Employee Benefits

The Employer 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 Employer 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 Employer will continue the practice of contributing its portion of the benefits during a teacher’s sick leave entitlement and that Employer contributions to employee benefits will cease when such leave entitlements are used and/or when teachers are in receipt of extended disability benefits.

The parties agree to renew this letter until September 1, 2014.

LETTER OF INTENT #2

Principal Lieu Days

Effective September 1, 2013, school-based principals will be granted two (2) paid leave day(s) per school year, at a time mutually agreeable to the principal and the superintendent or designate.  Failing agreement about whether the dates are mutually agreeable to the principal and the superintendent, the Employer shall pay out the unused paid leave days at 1/200^th of the principal’s annual salary and allowance by the end of June each year. 

This letter expires and shall have no further force and effect as of June 30, 2016.

LETTER OF INTENT #3

Process for Obtaining Additional Medical Certification

The parties agree to meet for the purpose of developing processes for the Employer to obtain additional medical certification or to apply Section 118 of the School Act. 

This letter of intent shall expire and have no further force and effect as of August 31, 2016.

LETTER OF UNDERSTANDING

Group Insurance Benefits For Teachers Employed on a Contract with the Employer While In Receipt of a Pension Under The Alberta Teachers Retirement Fund

1.   Notwithstanding clause 16.3, where a teacher in receipt of a pension under the Alberta Teachers Retirement Fund and covered by the Alberta School Employee Benefit Plan Early Retiree insurance plans is employed on a contract by the Employer, the teacher shall remain on his/her Alberta School Employee Benefit Plan Early Retiree package of group insurance plans.

2.   Where the teacher remains on his/her Alberta School Employee Benefit Plan Early Retiree package of group insurance plans, the Employer agrees to share the premium contributions associated with the teacher's Early Retiree package on the same percentage method as provided in article 16 and the same proration method as provided in clauses 4.5 and 4.5.1.