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Buffalo Trail Regional Division No 28 (2006 - 2007)

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

Between Buffalo Trail Public Schools Regional Division No 28 (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 agreement to govern the terms of employment of the said teachers.

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

1. Management Rights

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

2. Application

2.1 This agreement applies to all employees of the Board who, as 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) deputy superintendent
(c) assistant superintendent
(d) associate superintendent
(e) director, student services.

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 by both parties (or September 1, 2006, whichever is the latter) and remains in effect until August 31, 2007. 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.

4. Salary Schedule

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 The years of university education of a teacher and the years of teaching experience computed as 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 university education and each year of teaching experience.

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

4.3.1

September 1, 2006 – 3.00% 

Years of teaching experience

 

Years of University Education

 

One

Two

Three

Four

Five

Six

 

0

30,095

34,441

38,753

47,340

50,010

53,107

 

1

31,591

36,181

40,708

50,263

52,904

55,985

 

2

33,085

37,908

42,667

53,179

55,811

58,858

 

3

34,578

39,642

44,625

56,104

58,712

61,741

 

4/5

36,067

41,378

46,579

59,026

61,613

64,622

 

6

37,558

43,110

48,535

61,944

64,514

67,497

 

7

39,052

44,846

50,491

64,864

67,415

70,374

 

8

40,548

46,579

52,448

67,787

70,317

73,256

 

9

42,039

48,313

54,404

70,704

73,220

76,133

 

10

43,534

50,047

56,355

73,622

76,123

79,014

 

11

43,534

50,047

56,355

75,167

77,870

80,968

 

March 1, 2007 – 0.30% 

Years of teaching experience

 

Years of University Education

 

One

Two

Three

Four

Five

Six

 

0

30,186

34,544

38,870

47,482

50,160

53,266

 

1

31,685

36,289

40,830

50,414

53,063

56,153

 

2

33,184

38,022

42,795

53,338

55,978

59,035

 

3

34,682

39,761

44,759

56,272

58,888

61,926

 

4/5

36,175

41,502

46,719

59,203

61,798

64,816

 

6

37,670

43,239

48,681

62,130

64,707

67,699

 

7

39,169

44,981

50,642

65,059

67,617

70,585

 

8

40,670

46,719

52,606

67,991

70,528

73,476

 

9

42,165

48,458

54,567

70,916

73,440

76,361

 

10

43,665

50,197

56,524

73,843

76,351

79,251

 

11

43,665

50,197

56,524

75,393

78,104

81,211

 

4.4 Each teacher shall be paid 1/12 of the teacher’s annual salary on or before the 26 of each month, with the exception of December, when salary will be paid prior to the Christmas break.

4.5 No adjustments in the salary schedule shall cause a teacher’s salary to be less than that applicable immediately prior to the effective date of this agreement.

5. Additional Allowances

5.1 In addition to the foregoing salary, there shall be paid additional allowances in accordance with the following schedule. Payment of administrative allowances shall commence on the effective date of appointment.

5.2 Principal’s Allowance

(a) Each principal shall receive an allowance per annum as follows:

Category

Student Count* (ECS Counted as 0.5 FTE)

Allowance

1

Less than 25

$7,500

2

26 to 100

$10,500

3

101 to 175

$13,500

4

176 to 275

$16,500

5

276 to 375

$19,500

6

376 to 500

$21,500

7

501 to 625

$23,000

*Student count shall be as of September 30 of the applicable school year. 

(b) No principal or vice-principal shall have his/her allowance reduced by reason of implementation of clause 5.2 (a) unless the number of students is reduced, in which case, the allowance shall be reduced accordingly.

5.3 Assistant Principal’s Allowance

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

(b) Where there is more than one assistant principal, a sum equal to 70 per cent of the principal’s allowance shall be divided between them in the ratio of their responsibilities.

5.3.2 In the absence of the principal and the assistant principal, or where there is no assistant principal and the principal is absent, a teacher shall be designated as acting principal.

5.3.3 Where an assistant principal acts in place of a principal for more than 10 consecutive school days, the teacher 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.

5.3.4 In a school where there is no assistant principal, a teacher shall be temporarily designated to act as principal in the absence of the principal and the teacher shall receive an allowance equivalent to 50 per cent of the principal’s allowance for that day.

5.4 One teacher of each Hutterite colony shall receive an annual allowance of: 

Sep 1/06

Mar 1/07

3.00%

0.30%

548.53

550.17

5.4.1 A teacher designated as an AISI coordinator shall receive an annual allowance equal to a category 2 administrative allowance as per article/clause 5.2. Where there is more than one teacher designated as AISI coordinator, the allowance shall be divided between them in the ratio of their responsibilities.

5.4.2 A teacher designated as principal at large shall receive an annual allowance equal to a category 1 administrative allowance as per article/clause 5.2. In the case where the teacher designated as principal at large is in receipt of an allowance under article 5 – additional allowances, the teacher shall be paid the higher of the applicable allowance in effect at the time of the appointment as principal at large or an allowance equal to a category 1 administrative allowance as per article/clause 5.2

5.5.1 Student count for the purposes of calculating administrative allowances shall be that count as of September 30 in each school year. Where early childhood services students are housed in a school, each pupil shall be counted as 0.5 for purposes of administrative allowances. Private early childhood services students shall not be counted for purposes of administrative allowances.

5.5.2 Where a new school is opened resulting in a transfer of pupils, the administrative allowances in all schools affected shall be adjusted accordingly effective the date of the transfer of the pupils.

5.6.1 The Board may create or designate new positions not specified in this article but are nevertheless covered by the terms of this agreement under article 2.

5.6.2 The amount and method of remuneration shall be set by the Board after consultation with the local employee representatives on the teachers’ economic policy committee.

6. Teaching Experience

6.1
A year of teaching experience shall be earned by providing service with the Board for at least 125 school days. Such teaching experience may 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. Substitute teaching shall not be considered as teaching experience except in accordance with clause 6.1.1.

6.1.1 Where a substitute teacher provides service with the Board for 180 school days within four consecutive years, the provisions of clause 6.1 shall apply. It shall be the responsibility of each substitute teacher to keep a record of his/her own substitute service with the Board and to notify the Board in writing when he/she has accumulated 180 school days of service within the four-year period. Such notification shall contain the record of the days worked for the Board. Upon validation by the Board that the increment requirements have been completed, an increment will be granted at the commencement of the next school year or February 1, whichever occurs first.

6.2 The number of years of teaching experience earned by a teacher prior to engagement by the Board is counted as if it had been teaching experience in schools under the Board’s jurisdiction.

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

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

6.4 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.

6.5 Notwithstanding clause 6.4, if proof of written attempts to secure satisfactory evidence of teaching experience is supplied within 45 days, years of experience shall continue to be paid as claimed by a teacher for a maximum of 100 days.

7. University Education

7.1 The evaluation of teacher education for salary purposes shall be determined by a statement of qualifications showing years of training issued by the Alberta Teachers’ Association Teacher Qualifications Service in accordance with the policies and principles approved by the Teacher Salary Qualifications Board, established by memorandum of agreement among the Department of Education, the Alberta Teachers’ Association and the Alberta School Trustees’ Association, dated March 23, 1967.

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

7.3 Each teacher claiming additional university education and each teacher commencing employment with the Board shall supply the Board within 45 days of the above mentioned dates or from the date of commencement of duties, a statement of qualifications to be issued by the Teacher Qualifications Service of the Association. Until the teacher submits the said statement of qualifications, the teacher shall be placed on the salary schedule according to the most recent acceptable statement of qualifications or according to the minimum education requirements for the teacher’s teaching certificate.

7.3.1 If proof of application for the statement of qualifications is supplied within 45 days, the university education shall be paid retroactively according to clause 7.2.

7.3.2 If proof of application for the statement of qualifications is not supplied within 45 days, salary shall be adjusted effective the beginning of the month following the submission of a statement of qualifications.

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 Payment for substitute teachers, including four per cent vacation pay, shall be:  
Daily Sub Rate: Sept 1/06 170.00

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.

9. Group Insurance

9.1 When enrolment is satisfactory to the insurers, the Board will make available the Alberta School Employee Benefit Plan, which provides life, accidental death, dismemberment and extended disability insurance, dental, vision and extended health care insurance.

9.2 Subject to the provisions of the master policies, all teachers shall be required to enroll in the Alberta School Employee Benefit Plan, except that teachers on contracts which do not exceed three months shall not be eligible for enrollment in the plan. A teacher may be exempted from participation in extended health care, dental, vision and the Alberta Health Care plan where they receive coverage through their spouse.

9.3 Effective August 31, 2005, benefit coverage provided by the Board will be 90 per cent towards premiums payable for group insurance plans as outlined in 9.3(a)(b). Effective April 1, 2007 the Board agrees to pay 93 per cent towards the premiums payable for the following group insurance plans:

(a) Alberta School Employee Benefit Plan:

(i) Life and Accidental Death and Dismemberment, Schedule 2
(ii) Extended Disability Benefit, Plan D
(iii) Extended Health Care, Plan 1
(iv) Dental Care, Plan 3
(v) Vision Care, Plan 3

(b) Alberta Health Care Plan.

9.4 The Board agrees to apply the premium contributions under clause 9.3 in the most tax advantageous manner based on a teacher’s eligibility for participation in the plans.

9.5 It is understood that the Board’s contribution to the Alberta School Employee Benefit Plan and Alberta Health Care premiums is applicable only where the teacher participates in the respective plan.

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.

10.2 A teacher who has been absent due to the above reasons and returns to regular full-time duties shall have the 90 calendar day sick leave entitlement reinstated pursuant to clause 10.1. However, in instances where the teacher has been continuously absent for a period of 20 or more consecutive school days, reinstatement of the sick leave entitlement will be made contingent on the teacher providing a medical certificate, signed by a medical practitioner, prior to the date of return, verifying that the teacher is able to return to work on a continuing basis.

10.3 In the case of a teacher who has five or more years of service with the Board and re-enters its employ, the sick leave accumulated under clause 10.1 during the period of employment with the Board shall be reinstated, provided however that the teacher re-enters within a period of two years.

10.4.1 A teacher who is absent from school duties for the purpose of obtaining necessary medical or dental treatment or because of accident, sickness or disability for a period of more than three consecutive teaching days, shall be required to present to the principal medical documentation within five school days after resuming teaching duties. Should a teacher fail to supply medical documentation, the Board may deduct 1/200 of the teacher’s salary for each day absent.

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

10.4.3 In the case where the absence due to illness will exceed forty-five calendar days, the teacher will provide, where possible, medical documentation to the Board that the teacher is under the ongoing care of a physician. The intent is to provide for a smooth transition to extended disability for the employee when necessary.

10.5 After 90 calendar days of continuous absence due to medical disability, no further salary shall be paid and the Alberta School Employee Benefit Plan will take effect.

10.6 Payments made towards benefit plans by the Board shall permit it to retain and not pass on to teachers any rebates of premiums otherwise required under Human Resources Development Canada regulations.

11. Professional Improvement Leave

11.1 Professional improvement leave may be granted by the Board on application by a teacher for the following reasons:

11.1.1 Study for improving the teacher’s academic or professional education.

11.1.2 Travel or experience which is useful in improving the teacher’s service.

11.2 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 proof of accredited professional development, upon return from professional improvement leave.

11.3 Should the teacher fail to return to teaching duties or should the teacher resign before completing the teacher’s commitment following professional improvement leave, the teacher shall repay the amount specified in clause 11.6 plus interest calculated on the basis of the existing current rate.

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), two Board members 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 for the year shall receive 60 per cent of the category four minimum in equal installments on the last day of each month. The amount shall be calculated on the category four minimum in effect when the professional improvement leave commences and shall remain in effect for the entire duration of the leave.

11.7 No experience increment shall be allowed for the year of professional improvement leave.

11.8 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.

11.9 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.

12. Leave of Absence

12.1 Leave of Absence – Critical Illness or Death

Leave necessitated by critical illness or death of a spouse, child, parent, guardian, parent-in-law, grandparent, son-in-law, daughter-in-law, brother, sister, grandchild, brother-in-law, sister-in-law, grandparent of spouse and other close members who live in the teacher’s household shall be granted with pay and applicable benefits by the Board as follows:

12.1.1 Up to and including five teaching days for critical illness.

12.1.2 Up to and including five teaching days for death.

12.1.3 Leaves under clause 12.1.1 will terminate in the event of a death of the relative and the teacher will then be eligible for leave under clause 12.1.2. Leaves referred to in clauses 12.1.1, 12.1.2 and 12.1.3 must be taken during the time of the actual occurrence of the critical illness or death.

12.1.4 Those days referred to in clauses 12.1.1 and 12.1.2 may be extended at the discretion of the Board should additional time be required.

12.1.5 Before payment is made under clause 12.1, the Board may require medical documentation stating that critical illness was the reason for the absence.

12.2 Leave of Absence – Convocation

A teacher is entitled to leave of absence with pay and applicable benefits for one day of each of the teacher’s own convocation and to write an examination related to the teacher’s academic studies provided the convocation falls during the school year and the examination falls on a school day.

12.3 Leave of Absence – Additional

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, for reasonable causes. A teacher applying for a leave under this clause may be required by the Board to use any personal leave available to the teacher under clause 12.7.

12.4 Leave of Absence – Salary Negotiations

Leave of absence for salary negotiations shall be granted to a maximum of four teachers without loss of salary, provided however that the Board shall be reimbursed by the Alberta Teachers’ Association for the cost of a substitute for each teacher for each day of such leave.

12.5 Leave of Absence – Weather Conditions

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 pay and applicable benefits for the periods of absence so occasioned.

12.6 Leave of Absence – Family Medical

12.6.1 Upon prior notification of the superintendent or designate, a maximum of two days leave for each school year shall be granted with full pay and applicable benefits for necessary medical attention of the teacher’s immediate family. In order to establish eligibility for the benefits under this clause, acceptable medical documentation shall be provided to the Board by the teacher.

12.7 Leave of Absence – Personal Leave

12.7.1 A maximum of two days personal leave each school year shall be granted. The first day of leave shall be at full pay and applicable benefits, the second day shall be at full pay and applicable benefits less the cost of a substitute teacher as provided in clause 8.2 and is to be paid to the Board through payroll deduction or from some other source.

12.7.2 Notwithstanding the provisions of clause 12.7.1, teachers may accumulate up to five days unused personal leave and take such leave for personal purposes. Leave taken pursuant to this clause shall be at full pay less the cost of a substitute teacher as provided for in 8.2. Any unused accumulated leave may be carried forward for further accumulation.

12.8 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, providing 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 any court case or in any arbitration or other labour related court proceedings between the ATA and the Board, where the court subpoenas a teacher to testify against the Board, the ATA will reimburse the Board for the teacher’s salary.

13. Maternity Leave and Parental Leave

13.1 A pregnant teacher who has been employed by the Board for a continuous period of at least 12 months is entitled to maternity leave without pay and benefits for a period not exceeding 15 weeks, with the exception of the health related portion.

13.2 When possible, a teacher will notify the Board of her leave requirements and her date of return three months in advance. However, a teacher must give the Board at least two weeks notice in writing of the day she intends to commence maternity leave or where extraordinary circumstances exist, within two weeks after she ceases to work; and a minimum of two weeks notice in writing of the day she intends to return from maternity leave. A medical certificate certifying pregnancy and the expected date of delivery shall accompany such notification.

13.3 The health related portion of each teacher’s maternity leave shall be as determined by medical documentation.

13.4 The teacher agrees to apply for employment insurance maternity benefits no later than the time of delivery. The Board agrees to top up the EI benefits received by the employee to an amount equal to the employee’s normal weekly earnings, during the health related portion of the leave, falling within the EI entitlement period. The Board agrees that as part of the topping up process, it will pay the full salary for the two week EI qualifying period, provided that the teacher does not receive any EI benefits for that period. The provisions of the sick leave article shall not apply in the case of maternity leave. Each teacher will verify that she is in receipt of EI benefits by providing a copy of the EI cheque stub to the Board forthwith. The Board shall pay its portion of each teacher’s benefit plan premiums during the health related portion of her maternity leave. The remainder of the maternity leave not covered by the health related portion shall be without pay and without Board contributions to teacher benefit plan premiums or top up of EI benefits. The Board shall advise each teacher to apply for extended disability benefits at least 30 days in advance of her expected eligibility for such benefit. After 90 consecutive calendar days of disability the teacher shall apply for extended disability benefits and no further salary shall be payable.

13.5 (a) Teachers returning from maternity leave shall be returned to the position held at the commencement of the leave.
(b) The phrase “returning to the position held at the commencement of the leave” in clause 13.5 (a) 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 year.

13.6 In addition to the maternity leave, each teacher shall be eligible for a further parental leave without pay and benefits for up to 37 weeks provided such is continuous and complete within 12 months of the date the teacher first went on maternity leave. During this 37 week period, each teacher shall be eligible to maintain her benefit insurance coverage provided she pays 100 per cent of the premium. The terms of this personal leave shall be arranged between each teacher and the Board.

13.7.1 Teachers are entitled to parental leave without pay and benefits for a period not exceeding 37 weeks for the purpose of adopting a child.

13.7.2 When possible, a teacher will notify the Board of leave requirements three months in advance of the first day of the leave unless the child’s placement with the adoptive parents was not foreseeable.

13.7.3 Teachers who intend to share parental leave must advise the Board of this intention. Depending on operational requirements, the Board may permit sharing parents to be absent from work at the same time.

14. Working Conditions

14.1 (a) Subject to the approval of the superintendent, staff deployment is the responsibility of the principal.
(b) It is recognized that a teacher’s professional duties extend beyond instruction of pupils. Teachers will provide such instruction, supervision and other duties as assigned by the principal.
(c) The extent of staff involvement in extracurricular activities shall be determined by the principal and the principal’s staff.

14.2 The Board shall submit proposed Board regulations pertaining to teachers to representatives selected by and from its teaching staff. It shall be the responsibility of these representatives to communicate the views of the teachers regarding the proposed Board regulations to the Board.

15. Transfers

15.1 The Board, when requesting a teacher to transfer to another school except where the transfer is necessitated by a staff reduction, shall move the teacher or shall pay the teacher’s reasonable moving expenses necessarily incurred by the teacher provided that such transfer requires a change of residence.

16. Grievance Procedure

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

16.1.1 Step A - Such a difference (hereinafter called “a grievance”) shall be submitted in writing to the associate superintendent of human resources and the chairperson of the Economic Policy Committee of the teachers of Buffalo Trail Public Schools Regional Division No 28 and the coordinator of Teacher Welfare of the Association. Such written submission shall be made within 20 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 this agreement which it is alleged have been violated and the remedy sought. It shall be the responsibility of the respondent of the grievance to arrange a meeting with the grievor and/or his/her representative, within 10 days of receiving notice of the grievance, if a meeting is requested. The respondent shall review the grievance and within 15 days of receipt of the grievance shall render a decision in writing to the grievor, the chairperson of the Economic Policy Committee and the coordinator of Teacher Welfare.

16.1.2 Step B – In the event the decision of the respondent fails to resolve the grievance, then either party may by written notice require the establishment of an arbitration board as hereinafter provided. Such notice must be given within 20 days after the date of receipt of the respondent’s written notice.

16.2 Each party shall appoint one member as its representative on the arbitration board within seven days of such notice and the two members shall endeavor to select an independent chairperson.

16.3 If the two members fail to select a chairperson within five days after the day on which the latter of the two members is appointed, they shall request the Director of Mediation Services – Alberta Human Resources and Development, to select a chairperson.

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

16.5 The arbitration board shall not change, modify, or alter any of the terms of this agreement.

16.6 The findings and decisions of the arbitration board shall be binding on the parties.

16.7 Each party to a grievance shall bear the expenses of its respective nominee and the two parties shall bear equally the expenses of the chairperson.

16.8 All aforesaid time limits referred to in the grievance procedure shall be exclusive to instructional days.

16.9 The purpose of the grievance procedure is to ensure that all grievances are processed properly and expeditiously. If the respondent fails to comply with the provisions of the grievance procedure, the grievance may be processed to the next step. If the grievor fails to comply with the provisions of the grievance procedure, the grievance shall be considered abandoned. Time limits may be extended by the written agreement of both parties.

Note: In the application of the grievance procedure for the 2006/2007 school year, any grievance filed prior to the first of the month following ratification April, 2007 shall be in accordance with article 16 of the current collective agreement (September 1, 2004 – August 31, 2006) and any grievance filed after that date shall be in accordance with the grievance procedure as amended.

17. Subrogation

17.1 If you receive sick leave benefits because you’ve been injured through the fault of another party, the Board has subrogation rights. This means you may make a claim to recover the amount of these benefits from the other party. Depending on the amount of the outcome of your claim, you may be obliged to reimburse the Board for any benefits which have been paid or will be paid to you.

18. General

18.1 A teacher authorized or assigned on a regular basis by the Board to travel by automobile, in the performance of the teacher’s regular duties, shall be reimbursed at the rate for trustees by the Board.

18.2 Each teacher shall be given a copy of the current collective agreement. The Board and the Association shall share equally the cost of producing copies of the collective agreement.

18.3 All previous collective agreements and schedules between the parties are hereby canceled.

18.4 This agreement shall ensure to the benefit of and be binding upon the parties and their successors.


LETTER OF UNDERSTANDING

(A)
The Board recognizes that professional development funding for teachers has not been equitable throughout the BTPS. As it is recognized as well that professional development is an important aspect of teacher improvement, this inequity needs to be addressed.

A committee of two teachers, two Board members and a member of human resources will be set up to create policy to alleviate teacher concerns in this area. This proposal will consider the area of inequity. It will also look at ways of making this professional development more teacher driven.

(B)
The Board also recognizes that developing Individual Program Plans (IPP’s) has added greatly to teacher workload. The above committee (letter of intent 1) will also look at ways of creating release time for those teachers being asked to make these plans for students within their classes.

It is the intent that policy will be in place to address these issues for the start of the 2005/2006 school year.

(C)
Distributive Learning has become a new method of delivery for many courses in BTPS. As this is a new method of instruction, unforeseen issues may arise that are not covered by the current collective agreement. It is agreed by both the teachers and the Board that, if needed, either side can request to open the collective agreement in order to put in place a clause or clauses to address the above issues.