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Calgary Roman Catholic Separate School District No 1 (2006 - 2007)

Collective Agreement

 

Between the Board of Trustees of the Calgary Roman Catholic Separate School District No 1 of the Province of Alberta (hereinafter referred to as "the District") of the first part and the Alberta Teachers' Association (hereinafter referred to as "the Association"), acting on behalf of the teachers employed by the District, of the second part.

 

WITNESSETH:

 

Whereas the Association is the bargaining agent of the teachers employed by the District; and

 

Whereas terms and conditions of employment of these persons have been subject to negotiations between the parties; and

 

Whereas the parties desire that these matters be set forth in an agreement;

 

NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:

 

Article I - Application

 

1.1 Teachers covered - This agreement shall be applicable to all teachers employed by the District under engagement pursuant to the School Act, ch S-3, Statutes of Alberta 2000, with the exception of the executive assistant to the chief superintendent, all directors and all personnel above the rank of director.

 

Article II - Term

 

2.1 Effective date - This agreement shall take effect on September 1, 2006 and shall remain in full force and effect until August 31, 2007.

 

2.1.1 (a) Either party wishing to give notice of intention to commence negotiations for the renewal of this agreement shall do so no sooner than 150 days prior to and no later than 60 days prior to the stated termination date of this agreement.

(b) It is understood that the parties shall commence negotiations within 30 days of notice in (a) above.

 

2.2 Not retroactive - Unless otherwise expressly provided herein, none of the provisions of this agreement shall be retroactive. This agreement supersedes all earlier such agreements between the parties.

 

Article III - Basic Salary

 

3.1 Basic Salary Schedule - The salary for a teacher shall be determined pursuant to the following basic salary schedule:

 

September 1, 2006 to December 31, 2006

 

Years of teaching experience

Categories of Teacher Qualification
and Applicable Salary

 

A

B

C

D

 

 

1-3 Years
University
training

4 years
University
training

5 years
University
training

6 years
or more of
University
training

 

0

38,971

46,435

49,224

52,503

 

1

38,971

49,224

51,686

54,970

 

2

40,773

51,686

54,561

57,756

 

3

42,500

54,561

57,342

60,628

 

4/5

44,634

57,342

59,888

63,094

 

6

46,435

59,888

62,678

65,958

 

7

48,484

62,678

65,546

68,426

 

8

50,295

65,546

68,015

71,208

 

9

52,424

68,015

70,884

74,077

 

10

54,230

70,884

73,673

76,546

 

11

57,214

73,999

76,546

79,738

 

 

 

January 1, 2007 to August 31, 2007

 

Years of teaching experience

Categories of Teacher Qualification
and Applicable Salary

 

A

B

C

D

 

 

1-3 Years
University
training

4 years
University
training

5 years
University
training

6 years
or more of
University
training

 

0

39,458

47,015

49,839

53,159

 

1

39,458

49,839

52,332

55,657

 

2

41,283

52,332

55,243

58,478

 

3

43,031

55,243

58,059

61,386

 

4/5

45,192

58,059

60,637

63,883

 

6

47,015

60,637

63,461

66,782

 

7

49,090

63,461

66,365

69,281

 

8

50,924

66,365

68,865

72,098

 

9

53,079

68,865

71,770

75,003

 

10

54,908

71,770

74,594

77,503

 

11

57,929

74,924

77,503

80,735

 

 

 

3.2 Evaluation of Teacher Qualification - The evaluation of teacher education and establishment of teacher qualification for purposes of the basic salary schedule shall be determined by a statement of qualifications 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.

 

3.3 Initial Salary Above Schedule - Notwithstanding anything to the contrary expressed or implied, the District may pay a teacher in a category of teacher qualification above that determined by the Teacher Qualifications Service of the Association for the purposes of this clause defined as "above schedule," under the following conditions:

(i) Those teachers who at the date of signing of this agreement have a contract of employment which was offered on a basis of payment in a category above schedule shall continue to receive such payment, it being understood that payment above schedule terminates when the teacher's TQS evaluation equals the level of above schedule payment.

(ii) Those teachers claiming credit for religious education courses that are not recognized in the evaluation of teacher qualification pursuant to clause 3.2 may be paid in a category of teacher qualification above schedule on the basis of one category per five such courses.

 

3.4 Adjustment Date - The adjustment dates for any change in the evaluation of teacher education shall be September 1 or February 1 of the applicable semester.

 

To establish entitlement for an adjustment, a statement of qualification issued by the Teacher Qualifications Service of the Association evidencing increased qualification must be submitted to the superintendent or designate within four months of the above dates, unless the District, in its sole discretion, extends the final date for submission.

 

3.5 Adjustment on Appeal - Notwithstanding clause 3.4 where a teacher successfully appeals to the Teacher Qualifications Service in respect of any change in evaluation of teacher qualification, the effective date of the adjustment under clause 3.4 shall be the September 1 or the February 1 immediately preceding the period in which the appeal was launched.

 

3.6 Years of Teaching Experience - Teachers employed with the District shall be given the number of years experience under the basic salary schedule based on the total years of teaching experience. Teaching experience must be equivalent to teaching experience in Alberta school jurisdictions. Teaching experience shall be confirmed by the District, in writing, at the time of employment.

 

3.7 Experience Adjustments - Each teacher who is eligible for an increment shall, on September 1 or February 1 immediately following the establishment of such eligibility, be placed on the next higher step of the basic salary schedule for the appropriate category of teacher education.

 

For the purpose of this clause, teaching experience shall mean the days under contract (continuing, probationary, part-time, interim and temporary) to a board in a position which requires a teaching certificate as a condition of employment, excluding leaves of absence without salary and vacation periods. Teaching experience shall also mean the days spent substitute teaching beginning August 28, 2000.

 

3.8 Withholding of Experience Adjustment - The District may withhold an experience adjustment if in its opinion the teacher has not rendered satisfactory service during the immediately preceding school year. In no case shall the District withhold an experience adjustment for more than one year. Such action by the District shall be subject to grievance procedures as specified in this agreement.

 

3.9 Years of Experience - In determining the years of teaching experience of a teacher on contract under the basic salary schedule:

(a) a year shall mean 150 full-time equivalent days of teaching in a school year, or 150 full-time equivalent days of teaching accumulated over a period of three consecutive years;

(b) the maximum number of days of teaching that may be earned in any one year shall be limited to 150 full-time equivalent days; and

(c) any residual number of days of teaching which the teacher has accumulated at the time an increment is granted under clause 3.9(a) shall be credited to the teacher for accumulation toward the earning of a future increment.

 

Notwithstanding the foregoing, a teacher shall be granted only one experience increment during any one school year.

 

Effective as of August 28, 2000, should a part-time teacher on staff be adversely affected by this amendment, the District will, in consultation with the Local, undertake to red circle the existing salary used for part-time salary calculation for that teacher until the appropriate salary grid placement is reached by the part-time teacher. This undertaking will continue for the period that the teacher is continuously employed on a part-time contract.

 

3.10 Technical Education Teachers' Qualification - Teachers hired from industry for the sole purpose of teaching Grade 10, 11 and 12 technical education courses in their area of specialization shall be entitled to the category of teacher qualification that is determined pursuant to clause 3.2; but shall be given one year of teaching experience for each year of directly related industrial experience.

 

3.11 Part-Time Teachers - A "part-time teacher" is one who is employed under written contract but who is assigned to duties on a regular basis that requires less than a full-time equivalent. A part-time teacher shall be paid a salary in accordance with the basic salary schedule, proportionate to the percentage of the full-time equivalent taught each day as outlined in the written contract.

 

Article IV - Salary Allowances

 

4.1 Allowance - In addition to salary under Article III, the District shall pay to teachers an additional sum (in this agreement called an "allowance") at a rate per annum payable during the period from September 1 to August 31, as more particularly set forth in the following provisions of this Article IV.

 

4.2 Pupil Count - For purposes of this Article IV, numbers of pupils in a school shall be determined by count on September 30, to establish the rate of allowance payable for the school year.

 

4.3 Principals - The District shall pay to each school principal an allowance as follows:

 

Effective September 1, 2006

$13,575 plus $16.76 per pupil for each pupil over 150 pupils to maximum of $35,894. Notwithstanding the formula, the minimum allowance will be $20,000.

 

Effective January 1, 2007

$13,745 plus $16.97 per pupil for each pupil over 150 pupils to maximum of $36,343. Notwithstanding the formula, the minimum allowance will be $20,250.

 

4.3.1 Principals and vice-principals who change schools at the request of the District shall, for a three-year period, have their allowance calculated on the greater of:

 

(a) the pupil count as per clause 4.3, in the year and at the school they are leaving, or
(b) the calculation as stated in clause 4.3 at the new school.

 

4.4 Vice-Principals - The District shall pay to each vice-principal an allowance equal to 1/2 of that payable under clause 4.3 to the principal of the school in which the vice-principal is assigned.

 

4.5 Assistant Principals - The District shall pay to each assistant principal an allowance of $5,535 effective September 1, 2006, and an allowance of $5,604 effective January 1, 2007. Where an assistant principal is appointed, the position is in addition to the normal administrative staff allocation.

 

4.6 Other Allowances - The District shall pay to each teacher appointed by the District to the following positions, the allowance respectively set forth opposite each such position, namely:

 

 

Effective
September 1, 2006

Effective
January 1, 2007

(a) Supervisor

22,347

22,626

(b) Consultant

10,647

10,780

(c) Coordinating teacher

3,616

3,661

 

4.7 New Positions - Upon creation or designation by the District of new positions within the scope of this Article IV and not covered by clause 4.6, allowances shall be arrived at by agreement with the negotiating subcommittee of the Calgary Separate School Local No 55 of the Association, and added to this agreement by addendum; and the said negotiating subcommittee is hereby authorized to so represent and bind the Association.

 

4.8 Principle Absence - In the event that a principal is absent from duty for a period in excess of five consecutive teaching days, another administrator, teacher or temporary contract administrator, as determined by the District, shall assume the responsibility. In the event that another administrator or teacher assumes the responsibility, they shall be paid the allowance of the absent principal, commencing with the sixth day.

 

Article V - Substitute Teachers, Night Classes and Summer School Program/Classes

 

5.1 Substitute Teachers - In lieu of salary under the basic salary schedule, the District shall pay to teachers employed on the basis of the teacher being available for service if and when called upon by the District and known as substitute teachers, an allowance of $174.59 per full day of teaching effective September 1, 2006; $176.77 per day of teaching effective January 1, 2007. Half days will be paid at 50 per cent of the full day allowance.

 

5.2 Four Consecutive Days - Notwithstanding clause 5.1, if a substitute teacher is employed for a period of four or more consecutive days on the same day-to-day assignment, the District shall pay the substitute teacher for such period at a rate in accordance with the applicable rate under the basic salary schedule. This period of consecutive employment in the same day-to-day assignment shall not be considered interrupted or nonconsecutive, if a holiday, teachers’ convention, a professional development day or such other system-regulated break interrupts the substitute teacher’s continuity in the classroom.

 

5.3 Night Classes and Summer School Program/Classes - To each teacher of a night class or summer school program/classes, the sum of $52.75 per hour of instruction effective September 1, 2006; the sum of $53.41 per hour effective January 1, 2007. To each coordinating teacher of night classes or summer school program/classes, the sum of $56.61 per hour of instruction effective September 1, 2006; the sum of $57.32 per hour effective January 1, 2007.

 

5.4 Vacation Pay - All of the above rates of pay provided in this article V include vacation pay.

 

5.5 Payment for Injury Not Covered by Workers’ Compensation Act (WCB) - Should a substitute teacher not covered by Workers’ Compensation Act (WCB) benefits be unable to work as a result of injury sustained while performing his/her duties for the District, the teacher shall be paid an amount of money equal to the per diem rate specified in clause 5.1 up to a maximum of 20 consecutive teaching days immediately following the injury, provided the inability to work as a result of the injury is verified by a physician.

 

Any payment made by the District shall be made on a without prejudice basis and without any liability to the District. Any payment accepted by the substitute teacher does not preclude the substitute teacher from exercising his/her ability to take legal action against the District.

 

The District may direct a substitute teacher to be examined by the District’s appointed physician at the expense of the District, provided that both the substitute teacher and Local 55 of the Association are so informed in writing.

 

Article VI - Leave of Absence

 

6.1 A. Sabbatical Leave - A teacher who has been employed by the District for eight years or more may, upon application, be granted leave of absence by the District for one year or for one-half year.

 

B. Conditions of Leave - A leave of absence granted by the District under clause 6.1 shall be subject to the condition and understanding:

 

(i) that the teacher will spend the leave in improving professional qualifications as a teacher, in such manner as is approved by the superintendent or designate,

(ii) that the teacher will not engage in remunerative work during the leave, unless the remuneration is accorded in connection with a fellowship awarded by the education institution where studies are pursued,

(iii) that the leave will be taken during one school year only,

(iv) that the teacher will return to regular duty with the District at the opening of schools for the next school year or for the next half school year, as the case may be and shall not resign or retire from service of the District for a period of two years after return from the leave of absence.

 

C. Sabbatical Leave Pay - Where a teacher is granted a leave of absence under clause 6.1, the District shall, during the term of such leave, pay to the teacher in lieu of all other salary, allowance and other compensation elsewhere in this agreement provided, a salary at the rate of 70 percent of gross salary that the teacher would be entitled to under the agreement, during the year of leave.

 

D. Teaching Standing - A teacher on leave of absence under clause 6.1 shall retain his seniority and equivalent position with the District during the leave.

 

E. Total Leaves - The District shall grant in each school year at least a number of sabbaticals equivalent to 0.625 percent of the total number of teachers employed by the District as of September 30 of the preceding year. The District may in its discretion in any one year, if it considers that there are sufficient meritorious applications and that the costs are justifiable, grant additional sabbaticals up to a maximum of 1.25 percent of the total number of teachers employed by the District as of September 30 of the preceding year.

 

F. Frequency - Not more than one leave of absence whether for a one-year period or for a 1/2 year period shall be granted under clause 6.1 to a teacher at one time, nor shall more than one such leave be granted to a teacher for each eight years of service with the District.

 

G. Salary Increments - Time spent on leave of absence by a teacher under clause 6.1 shall not be included as “days of teaching” under clause 3.9.

 

6.2 Professional Development Leave and Professional Growth Subsidy - The District shall provide to the professional growth subsidy 325 substitute days with the option to purchase an additional 225 substitute days for the purpose of professional development.

 

The District will make available for the purposes of professional development a fund of $250,000 effective September 1, 2006. This fund will be jointly administered by the professional growth subsidy committee and the superintendent or designate in the following manner:

 

The professional growth subsidy committee will review applications from teachers requiring financial assistance and will in turn make recommendations to the superintendent or designate as to disbursements.

 

The superintendent or designate shall have the final right of approval on such disbursements. Local No 55 shall provide secretarial service with respect to the fund. The fund and its operation will be subject to audit by the District.

 

With the mutual agreement of the parties, substitute days can be converted to cash and added to the $250,000 professional growth subsidy fund.

 

6.3 A. Sick Leave - Teachers with less than six months service will receive two days per month of paid sick leave, for the purpose of necessary medical or dental treatment or because of accident, sickness or disability. Teachers in the employ of the District for more than six months will be granted up to 90 calendar days.

 

B. Duration of Sick Leave - After 90 calendar days of continuous absence due to medical disability, no further salary shall be paid and the long term disability plan shall take effect.

 

C. Sick Leave Coverage - A teacher who has been absent due to medical disability shall, upon return to full-time duty, have the 90 calendar days of sick leave entitlement reinstated.

 

However, should the teacher after having returned to work from the long term disability plan suffer from a recurrence of the same disabling condition within six months, the teacher shall apply for long term disability benefits immediately. Once approved the long term disability benefit shall be effective the first day of absence due to the recurrence.

 

D. Sick Leave Documentation - Before any payment is made under the foregoing regulations, the teacher shall provide:

 

(i) A teacher who is absent for necessary medical or dental treatment or because of accident, sickness or disability for more than three consecutive school days shall present a medical certificate to the District. A teacher who is absent for the aforementioned reasons for up to three consecutive school days may be required to present a medical certificate to the District provided that the teacher is informed of such requirement on the day of absence or as soon thereafter as the teacher can be contacted by the District and Local No 55 of the Association shall be so informed in writing.

(ii) When the sickness extends for a period of over one month, the employee may, at the discretion of the District, be called upon to furnish a further medical certificate at the end of each month during the duration of the sickness.

(iii) Prior to returning to work after an absence due to illness of over 20 calendar days, an employee shall supply a satisfactory certificate of good health, signed by a qualified medical practitioner.

(iv) The District may direct a teacher to be examined by the District's appointed physician at the expense of the District, provided that both the teacher and Local No 55 of the Association are so informed in writing.

 

6.4 Employment Insurance Rebates - In consideration of the improvements to the employee benefit plans and sick leave benefits, the employees covered by this agreement waive any claims on additional rebates occasioned by the complete District coverage of the Employment and Immigration Commission Disability Plan.

 

6.5 Compassionate Leave - A teacher attending the funeral of a near relative shall be granted three days leave of absence with pay if the funeral is in the city of Calgary or five days leave of absence with pay if outside the city. If the teacher does not attend the funeral, reasonable leave with pay may be granted by the superintendent or designate.

 

6.6 Family Critical Illness and Emergency Leave - In the event of critical illness of a near relative or other family emergency, a teacher shall be granted a maximum of five days leave of absence with pay. For the purposes of this clause, a family emergency shall be defined as an emergency where the presence of the teacher is required. Additional leave may be granted, when at the discretion of the superintendent or designate, circumstances warrant it.

 

6.7 Near Relative - For purposes of clauses 6.5 and 6.6, "near relative" shall be defined as the spouse of the teacher and the grandparents, parents, brothers, sisters, children and grandchildren (and their respective spouses) of the teacher and of the teacher's spouse and other persons at the discretion of the superintendent or designate.

 

6.8 University Examinations - The District shall grant a leave of absence with pay to a teacher when the leave is required for the purpose of writing examinations related to certification or professional qualification of the teacher.

 

6.9 Paternal Leave - A husband shall be granted two days leave with pay during the confinement of a spouse for maternity purposes.

 

6.10 Jury Duty - A teacher shall be granted by the District such time as is required for jury duty. The teacher shall present proof of service and will return to the District such fees as are paid to her/him by the court for jury duty appearances.

 

6.11 Court Appearances - A teacher shall be granted by the District such time as is required for appearance as a subpoenaed witness provided that the matter for which the teacher is required to testify is not against the District or in an action commenced by the teacher for financial gain. The teacher shall present proof of service and will return to the District such fees as are paid to her/him by the court for such appearances.

 

6.12 Adoption Leave - A teacher shall be granted leave with pay for adoption purposes as follows:

 

One day within the city and
Two days out of the city.

 

Article VII - Leave of Absence Without Pay

 

7.1 Leave - The District may, upon application, grant a leave of absence for up to one year without pay to a teacher:

 

(a) in the case of circumstances attested to by a qualified medical practitioner or

(b) if the teacher attends a university for undergraduate or postgraduate work; and the determination of granting of such leave will follow traditional practice or

(c) for any other reason the District may deem justifiable.

 

When leave granted under this clause exceeds 21 calendar days, the teacher will be responsible for the costs of benefits for the duration of the leave.

A teacher granted leave of absence under this clause shall retain his seniority and equivalent position as a teacher with the District for the duration of the leave.

 

7.2 Maternity Leave - A teacher is entitled to maternity leave for a period of 18 calendar weeks. Maternity leave, other than the health related portion, shall be at no cost to the District. The leave will consist of:

 

(a)(i) a period not exceeding 12 calendar weeks immediately preceding the estimated date of delivery or such shorter period as the teacher may request.
(ii) the period, if any, between the estimated date of delivery and the actual date of delivery, and
(iii) a period not shorter than six calendar weeks following the actual date of delivery.
(iv) where the pregnancy of the teacher interferes with the performance of her duties, the District may, by notice to the teacher, require the teacher to commence maternity leave.

(b) The teacher shall give a minimum of two calendar weeks' notice in writing of the day upon which she intends to commence maternity leave together with a medical statement certifying that she is pregnant and giving the estimated date of delivery.

(c) The teacher, upon written request and with the approval of the superintendent or designate, may return to duties prior to the expiration of the six calendar weeks following the actual date of delivery after providing a medical certificate indicating that resumption of work would not endanger the health of the teacher.

(d) Upon the written request of the teacher, the District shall grant, at no cost to the District, an extension of such leave for the balance of the school year. Should the maternity leave not commence before December 31, the District may upon the written request of the teacher before March 31, extend the leave to include the following school year at no cost to the District. The District is under no obligation to reassign a teacher to staff except at the beginning of the school year following confinement.

(e) Effective January 21, 1994, the District shall implement a supplementary employment benefits plan (Appendix A) which each teacher shall access for pay during the health related portion of maternity leave. A teacher who is not eligible for EI benefits, is entitled to access sick leave for the duration of the health related portion of maternity leave. The District shall pay its portion of required group insurance premiums described in article 8.2 during the health related portion of maternity leave. The remainder of maternity leave, not covered by the health related portion, shall be taken at no cost to the District.

 

7.3 Leave for Purposes of Adoption - A teacher is entitled to adoption leave for a period of up to 52 calendar weeks. Adoption leave shall be at no cost to the District.

 

(a) The teacher shall give a minimum of six calendar weeks notice in writing, except where impracticable, of the day upon which the teacher intends to commence adoption leave.

(b) Where both parents are teachers, the leave may be taken by either the father or mother or shared between them, with the total leave not to exceed 52 consecutive weeks. The District is not required to grant adoption leave to both parents at the same time.

(c) During such leave, continuation of benefits shall be conditional upon the teacher paying the full cost of such plans.

(d) Upon the written request of the teacher, the District shall grant, at no cost to the District, an extension of such leave for the balance of the school year.

(e) Notwithstanding clause 7.8, the teacher will provide a minimum of four school weeks notice in writing of the day upon which the teacher intends to return to work.

(f) The District will reinstate the teacher to the teaching position occupied when the adoption leave commenced or to an alternative teaching position of a comparable nature.

 

7.4 Parental Leave - The District shall grant, at no cost to the District, parental leave of absence to a teacher as follows:

 

(a) To a teacher entitled to maternity leave as per clause 7.2, a period of not more than 37 consecutive weeks immediately following the last day of maternity leave.

(b) To a teacher who is the father, a period of not more than 37 consecutive weeks within 52 weeks after the child's birth.

(c) Where both parents are teachers, the leave may be taken by either the father or mother or shared between them, with the total leave not to exceed 37 consecutive weeks. The District is not required to grant parental leave to both parents at the same time.

(d) The teacher shall give a minimum of six calendar weeks notice in writing, except where impracticable, of the day upon which the teacher intends to commence parental leave.

(e) During such leave, continuation of benefits shall be conditional upon the teacher paying the full cost of such plans.

(f) Upon the written request of the teacher, the District shall grant, at no cost to the District, an extension of such leave for the balance of the school year.

(g) Notwithstanding clause 7.8, the teacher will provide a minimum of four school weeks notice in writing of the day upon which the teacher intends to return to work.

(h) The District will reinstate the teacher to the teaching position occupied when the parental leave commenced or to an alternative teaching position of a comparable nature.

 

7.5 Personal Leave - At the sole discretion of the superintendent or designate, a leave of absence may be granted to a teacher for any period of time, for any reason that the superintendent or designate considers sufficient on the basis that the following amounts will be deducted from the teacher’s salary:

(a) during the first five days thereof, teachers will be charged at the current substitute teacher rate per day, plus

(b) 1/200 of the teacher's annual salary for each day of such leave in excess of five days. After 21 calendar days of such leave, the teacher shall be responsible for the costs of benefits for the duration of the leave.

 

7.6 Unspecified Leave - A teacher, upon application, shall be granted one day of unspecified leave during a school year. Each teacher shall be entitled to carry forward one such day of unspecified leave not previously used by the teacher, in which case, the teacher shall be entitled to a maximum of two days of unspecified leave in a given school year. If the teacher has used two such days in any school year, the teacher will not be entitled to carry forward any other such days not used prior to that year.

 

The teacher shall be charged the current substitute rate for each day of unspecified leave used.

 

7.7 Salary Increments - Time spent on leave of absence by a teacher pursuant to the provisions of this Article VII shall not be included as "days of teaching" under clause 3.9, except that where leave is given under clause 7.4, application of this section is at the discretion of the superintendent or designate.

 

7.8 Notice of Return - Teachers on leave pursuant to the provisions of this Article VII for a period of six months or more shall give the District notice of intention to return to active employment at least four school months in advance of termination of such leave of absence.

 

7.9 Seniority - A teacher granted leave of absence under clause 7.1 shall retain his seniority and equivalent position as a teacher with the District for a period of one year. Except as above provided, a teacher shall be reinstated on staff subject to a position being available at the end of any leave granted under this Article VII. A teacher returning from a leave of absence shall submit a medical certificate if requested by the District.

 

7.10 President Leave - A teacher who is elected president of Local No 55 shall be granted a .5 FTE leave of absence without pay and at no cost to the District.

 

7.11 Child Rearing - The District may, upon application, grant a leave of absence for up to one year without pay to a teacher for the purpose of child rearing.

 

(a) to care for the teacher's own dependent child.
(b) the teacher shall apply for the leave three school months in advance of the leave.
(c) unless mutually agreed, the teacher shall only return from child rearing leave at the beginning of the school year.
(d) leave taken for the purpose of child rearing shall not be considered teaching experience for the purpose of granting a salary increment.
(e) a teacher granted leave of absence under this clause shall retain seniority and equivalent position as a teacher with the District for the duration of the leave.

 

This leave, when combined with any other leave provision, will not exceed 24 months. When a leave granted under this clause exceeds 21 calendar days, the teacher will be responsible for the cost of benefits for the duration of the leave.

 

The District may approve leave in excess of 24 months, where necessary, to facilitate the teacher returning at the beginning of the school year in accordance with clause 7.11(c).

 

Article VIII - Benefits

 

8.1 Parking Lots - Where available, parking lots without car heater outlets shall be provided to teachers free-of-charge. Car heater outlets, where available, will be provided at no cost to the teachers.

 

8.2 Group Insurance - Effective September 1, 1994, the District shall effect and maintain the group insurance plans and contribute to premium costs as follows:

(a) Alberta Health Care

100%

 

(b) Major Medical Benefit

100%

 

(c) Group Life and Accidental Death & Dismemberment Insurance

100%

 

(d) Long Term Disability Insurance
(Effective January 1, 2005)

Nil

 

(e) Dental Care Insurance

100%

 

Teachers new to the school district must become members of the plan unless already covered by another plan.

(f) Vision Care

100%

 

(g) Personal Health Spending Account

100%

 

(One percent of the teacher's actual annual salary in accordance with the Basic Salary Schedule and allowance (if applicable), will be allocated to the PHSA account annually.)

The unused balance is carried forward to the next plan year. The carry forward amount must be used by the end of that year, or it will be lost. Teachers leaving the employ of the District for any reason will automatically forfeit any unused balance.)

 

Dental care insurance, long term disability insurance, group life and accidental death and dismemberment insurance, vision care plan and personal health spending account are to be applicable to teachers with more than six months service.

 

8.3 Changes in Benefits Coverage - Should the District anticipate changes to the benefit plans, the District shall formally discuss anticipated changes with the ATA negotiating subcommittee. The ATA negotiating subcommittee shall be fully informed of all particulars, where possible, at least one month in advance, prior to any meeting(s).

 

The director, Labour Relations shall convene a meeting(s) of the parties, to review the anticipated changes, methods of maintaining the current benefit plans and suggested alternatives brought forward by any party.

 

8.4 Retired Teachers' Benefit Plan

 

8.4.1 Effective October 1, 1991, the District shall make available to all teachers who retire after September 1, 1990, between the ages of 50 and 65, a benefit plan consisting of the following:

 

(a) Life insurance and accidental death and dismemberment insurance in the principal amount of $25,000.
(b) Extend health care as provided for regular employees to an annual maximum of $25,000.

 

8.4.2 Conditions

(a) the retired teacher must have a minimum of ten years cumulative employment with the District,
(b) the retired teacher must remain a resident of Canada and retain coverage of a provincial medicare plan.

 

8.4.3 The premiums for life insurance and extended health care shall be based on the claims experience for the retired teachers participating in the plan and shall be paid by the retiring teacher. The retired teacher shall pay the annual premiums in advance of the September 1 renewal date. Any retiring teacher shall have the option of participating in the plan provided enrolment is made prior to the effective date of retirement. The retired teacher must take the full package unless already covered by a spouse’s extended health care. If the retired teacher subsequently discontinues participation in the plan, the retired teacher will not be eligible for re-admission. Failure by the retired teacher to pay the annual premiums in advance will result in the termination of coverage in the plan and the retired teacher will not be eligible for readmission.

 

The retired teacher shall pay the annual premiums in advance of the September 1 renewal date by either:

 

(a) providing to the District a cheque for the full amount dated August 1, or
(b) providing the District with two cheques, dated August 1 and January 1, divided into two equal payments.

 

Failure by the retired teacher to pay the annual premiums in advance will result in the termination of coverage in the plan and the retired teacher will not be eligible for readmission.

 

8.4.4 Effective September 1, 2004, each member of the bargaining unit will contribute $4.00 per month, which the District shall maintain in an interest bearing trust fund. The parties agree that each member of the bargaining unit contribution will be $4.00 per month, unless the parties mutually agree to an alternate monthly amount.

 

The parties agree that the District, on a quarterly basis, shall apply these funds to reduce the plan’s deficit, which has been incurred up to, and including August 31, 2005. Within six weeks after each quarter, the District shall provide a written status report on the plan, which will include the plan’s deficit, funds applied toward the deficit and the remaining plan deficit.

 

On or before February 1 of each year, the District will report in writing the financial status of the plan, based on actuals to August 31.

 

When the plan’s deficit, which has been incurred up to, and including August 31,2005, has been paid in full, each member of the bargaining unit’s contribution will cease. When this occurs, the plan will be self-funded by the retired teachers participating in the plan with no cost to the District or ATA.

 

It is agreed that the deficit repayment shall not exceed a period of three years.

 

8.4.5 The retired teachers' benefit plan may be cancelled by the bargaining unit upon one fiscal year written notice to the District (September 1 – August 31). All accumulated funds remaining in the trust fund following the final financial accounting shall be paid to the bargaining unit. The final financial accounting will be performed no later than six months after the termination of the retired teachers' benefit plan and receipt of final claims. Any claims submitted more than six months after the termination date will not be paid and will be the responsibility of the claimant(s). If there is a deficit upon termination of the life insurance and extended health care benefit plan, such deficit shall be paid to the District by the bargaining unit within ninety days of receipt of the financial statement.

 

8.4.6 Termination of Coverage

 

Coverage under the retired teachers' benefit plan shall terminate on the earliest of the following events:

1. the end of the year for which the premiums are paid.
2. the date of death of the retired teacher, or
3. the attainment of age 65.

 

Article IX - Grievance Procedure

 

9.1 Grievance - Any difference between the parties concerning the interpretation, application, operation or alleged violation of this agreement, shall be dealt with as follows:

 

Step 1 - Such difference, hereinafter called a “grievance”, shall be submitted by the ATA, or by the ATA on behalf of the teacher concerned in writing, within 45 teaching days of its occurrence or from the date on which the ATA or the teacher ought to reasonably have become aware of its occurrence. The grievance shall set out the nature of the grievance and the circumstances out of which it arose, the clause(s) of this agreement, which allegedly has/have been violated, and the remedy being sought. The grievance shall be presented to the superintendent or designate.

 

The superintendent or designate shall review the grievance and communicate the decision of the District, in writing, within 15 teaching days of receipt of the grievance.

 

Step 2 - In the event that the decision of the superintendent or designate fails to satisfactorily resolve the grievance, the ATA must, within 15 teaching days of the receipt of the written decision of the superintendent or designate, give notice in writing to the superintendent or designate of the intent to present the grievance to the District’s grievance committee. The superintendent or designate shall convene a meeting of the District’s grievance committee within 20 teaching days of the receipt of the letter to present the grievance to the District’s grievance committee.

 

The District’s grievance committee shall hear the grievance. The teacher and/or the ATA representative shall be given the opportunity to present their grievance to the District’s grievance committee. The District’s grievance committee shall provide its decision in writing to the ATA within 10 teaching days of the hearing.

 

Step 3 - If the grievance is not resolved satisfactorily at Step 2, either of the parties may notify the other party in writing of its desire to submit the grievance to arbitration. Such written notice will occur within 60 calendar days following the conclusion of Step 2.

The parties will mutually agree upon a single arbitrator or, if by mutual consent, to a Board of Arbitration consisting of three arbitrators. If the parties are unable to agree on an arbitrator within 10 calendar days of the receipt of notification provided, they shall immediately request the Director of Mediation to appoint a chairperson.

 

The above-mentioned time limits may be extended by mutual agreement of the parties in writing.

 

Should the District have a grievance, the above-mentioned procedure will be followed replacing ‘District’ with ‘The Alberta Teachers’ Association’.

 

9.2 No Work Stoppage - All differences between the parties shall be settled without stoppage of work or refusal to perform work.

 

9.3 Failure to Process - The purpose of the grievance procedure is to ensure that any grievance is processed in an expeditious manner; therefore, compliance of the provisions and time limits is mandatory. If the District fails to comply with the provisions or time limits, the grievance may be processed to the next Step. If the party advancing the grievance fails to comply with the provisions or time limits, the grievance shall be considered abandoned.

 

Article X - Consultation

 

10.1 The teachers recognize the right and responsibility of the District to formulate policy. The District agrees that it will not make changes in the present working conditions which are not covered in this agreement, without first having the matter considered by an advisory committee consisting of up to four teachers appointed by the Local and up to four administrative personnel, one of whom shall be the superintendent.

 

One member of the administrative staff representative on the advisory committee will be responsible for convening meetings of the committee and for the provision of such information as is required and available.

 

Positions taken by the representatives to the committee shall be recorded at the conclusion of the committee meeting, signed by the representatives to this committee and forwarded to the District.

 

Article XI-Employment Conditions

 

11.1 Hours of Work

 

Effective September 1, 2005, a school-based full-time equivalent teacher not in receipt of any salary allowance will not be assigned duties in excess of 30 hours per week, averaged over the school year. A maximum of 1,430 minutes (23.83 hours) per week, averaged over the school year, shall be devoted to the instruction of students. The remainder of assignable hours shall be devoted to professional duties including, but not limited to, supervision of students, preparation, staff meetings, consultation, parent-teacher conferences, and administrative tasks.

 

Effective June 30, 2008, this clause is deleted and replaced by the following:

 

11.1 Hours of Work A school-based full time equivalent teacher not in receipt of any salary allowance will not be assigned duties in excess of 30 hours per week, averaged over the school year.

 

11.2 Professional Staff Deployment

 

11.2.1 Staff deployment within a school shall be the responsibility of the principal and the staff.

 

11.2.2 Teachers will be expected to assume, outside of regular school class time, professional duties including, but not limited to, supervision of students, preparation, staff meetings and parent-teacher conferences. Extracurricular activities will be the collective responsibilities of the staff of the school. Individual teachers choose from among these activities based upon their knowledge, skills and interests.

 

11.2.3 The parties to this collective agreement recognize that, except when temporarily impracticable, each teacher will have regularly scheduled school class time free from classroom instruction or supervision for the purpose of attending to professional responsibilities including preparation, consultation and administrative tasks.

 

11.2.4 In the normal course of school planning, a principal should consult with the school council regarding optional program offerings, cocurricular and extracurricular activities.

 

11.3 Substitute Teacher Coverage

 

11.3.1 Both parties to the collective agreement recognize the importance of continuity of instruction by the regular classroom teacher in the creation of a quality learning environment for students.

 

11.3.2 Teachers will, where possible, schedule doctor and dental appointments outside of classroom hours. If scheduling such appointments is not possible outside of classroom hours, teachers will make every effort to limit their absences for appointments to a maximum of ½ day for each such occurrence.

 

11.3.3 The District agrees to continue to make every effort to provide a substitute teacher for a classroom teacher whose absence will interrupt the provision of instruction for students. The provision for substitute teachers for these purposes may be altered, if agreed, between the District and the principal and teachers at any school.

 

Article XII - General

 

12.1 Rights - Except as otherwise provided herein, all rights of teachers, the Association and the District shall remain and continue as if this agreement had not been made.

 

 

APPENDIX "A"

 

Calgary Roman Catholic Separate School District No 1

Supplemental Employment Benefits (SEB) Plan

 

A. All teachers eligible for maternity leave and sick leave benefits will be covered by the supplemental employment benefits plan, hereinafter called "the Plan".

 

B. The Plan is to supplement employment insurance benefits (EI benefits) received by teachers for temporary unemployment caused by health related reasons relating to pregnancy, during maternity leave. The Plan shall only be payable for days which the teacher would have worked had she not been absent on maternity leave.

 

C. 1. Teachers shall prove that they have applied for and are in receipt of EI benefits and that they are incapable of working because of a condition related to the pregnancy in order to receive payment under the Plan.

2. The Plan is payable for a period during which a teacher is not in receipt of EI benefits if the only reason for non-receipt is the claimant is serving a two week EI waiting period.

3. Teachers shall submit a medical certificate recommending absence from work because of a condition relating to her pregnancy.

 

D. 1. The benefit level paid under the Plan is set at the equivalent of the teacher's regular salary and benefits.

2. The total amount of Plan benefits and EI benefits will not be greater nor less than the equivalent of the teacher's regular salary and benefits.

3. A teacher who is not eligible for EI benefits shall be entitled to access sick leave for the duration of the health related portion of maternity leave.

 

E. The Plan will be paid for the duration of absence from duties for a health reason relating to pregnancy, during maternity leave up to a maximum of 13 weeks. The duration of absence shall be determined by a medical certificate from the teacher's physician. After 90 consecutive calendar days of continuous absence due to medical disability, no further plan payments shall be paid and the long term disability plan shall take effect.

 

F. 1. The Plan will be financed by the District's general revenues.

2. SEB payments will be identified and kept separately from the District's payroll records.

 

G. Teachers do not have any right to the Plan payments except for supplementation of the EI benefits for the unemployment period specified in the Plan.

 

H. Payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits will not be reduced or increased by payments received under the Plan.

 

I. Teaching days, designated as health related portion of maternity leave, shall be considered for increment purposes.