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Buffalo Trail Regional Division No 28 (2003 - 2004)

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

 

Between Buffalo Trail 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, 2003, whichever is the latter] and remains in effect until August 31, 2004. 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, 2003

Years of teaching experience
Years of University Education
One
Two
Three
Four
Five
Six
0
27,735
31,740
35,714
43,627
46,088
48,942
1/2
29,113
33,343
37,515
46,321
48,755
51,594
3
30,490
34,935
39,321
49,008
51,434
54,242
4
31,866
36,533
41,125
51,704
54,107
56,899
5
33,238
38,133
42,926
54,397
56,781
59,554
6
34,612
39,729
44,729
57,086
59,454
62,203
7
35,989
41,329
46,531
59,777
62,128
64,855
8
37,368
42,926
48,335
62,471
64,802
67,511
9
38,742
44,524
50,137
65,159
67,478
70,162
10
40,120
46,122
51,935
67,848
70,153
72,817
11
40,120
46,122
51,935
69,272
71,763
74,618


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 a basic allowance per annum as follows:

September 1, 2003
Basic
$4,814.34
Plus 1st 150 pupils
44.64
next 150 pupils
30.04
next 150 pupils
20.67
for all remaining pupils
5.62
(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 Vice-Principal's Allowance

 

5.3.1 (a) The vice-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 vice-principal, a sum equal to 70 percent 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 vice-principal, or where there is no vice-principal and the principal is absent, a teacher shall be designated as acting principal.

 

5.3.3 Where a vice-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 vice-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 percent of the principal's allowance for that day.

 

5.4 One teacher of each Hutterite colony shall receive an annual allowance of $505.51, September 1, 2003.

 

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 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 percent vacation pay, shall be: $148.85, September 1, 2003.

 

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 Upon request by a substitute teacher on a temporary contact, the Board shall arrange for the teacher to be evaluated.

 

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 The Board agrees to pay 85 percent 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 a medical certificate within five school days after resuming teaching duties. Should a teacher fail to supply a medical certificate 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 of any request for prolonged sick leave with pay, the Board may require, at its expense, a certificate from a medical or dental practitioner designated by the Board.

 

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 percent of the category four minimum in equal instalments 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 a medical certificate 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 or the day of the examination fall 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, an acceptable medical certificate shall be provided to the Board by the teacher. Where a medical certificate is not attainable, another method of validation may be considered by the Board.

 

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, 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 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 Adoption 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 percent 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 any employee covered by this agreement and the Board, or in proper case between the Local of 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 and shall be dealt with as herein provided without stoppage of work or refusal to perform work.

 

16.1.1 Such a difference (hereinafter called "a grievance") shall first be submitted in writing to the superintendent of schools 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 this agreement which it is alleged have been violated and the remedy sought.

 

Both the teacher and the Board or their representative(s) shall meet to resolve the dispute within 10 days of the receipt of the grievance notice.

 

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.

 

16.2 In the event the grievance is not settled within 15 days after the date of submission of the grievance in accordance with the above procedure, then on or before a further five days have elapsed from the expiration of the aforesaid 15 days time period, the grievance shall be referred in writing to the grievance committee. Such grievance committee shall be composed of two representatives of the Board and two representatives of the Alberta Teachers' Association. A quorum of this committee shall consist of all members. The grievance committee shall meet and endeavor to resolve the grievance and shall render its decision in respect of the grievance within 21 days following receipt of the submission and shall dispose of each grievance before proceeding to another, except where by unanimous consent of the grievance committee, the hearing of such grievance is adjourned for the purpose of obtaining further information. If the grievance committee reaches a unanimous decision as to the disposition of any grievance, that decision shall be final and binding.

 

16.2.1 If the grievance committee does not reach a unanimous or any decision within the said time, 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 10 days after the date of the aforesaid 21 day limit expires or the date the grievance committee renders other than a unanimous decision, whichever is shorter.

 

16.2.2 No meeting of the grievance committee shall be held during normal teaching hours except by the unanimous consent of the grievance committee.

 

16.3 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 chairperson. In the event of any failure to appoint a chairperson, either party may request the Director of Mediation Services to make the necessary appointment.

 

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

 

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

 

16.5 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 chairperson governs and it shall be deemed to be the award of the board.

 

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

 

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

 

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

 

16.8 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.

 

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

 

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.