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Foothills School Division No 38 (2012 - 2016)

THIS AGREEMENT is made in duplicate this _______ day of ____________ 2015 pursuant to The School Act, RSA 2000, and The Labour Relations Code, RSA 2000.

BETWEEN

THE FOOTHILLS SCHOOL DIVISION NO. 38

(hereinafter called “the Employer")

OF THE FIRST PART

AND

THE ALBERTA TEACHERS' ASSOCIATION,

A body corporate, incorporated under the laws of the Province of Alberta

(hereinafter called “the Association")

OF THE SECOND PART

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

WHEREAS, the terms and conditions of employment and the salaries of the teachers have been the subject of negotiations between the parties; and

WHEREAS, the parties desire that these matters be set forth in an Agreement to govern the following terms of employment of the 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.   BARGAINING UNIT

1.1   This Agreement applies to those employees of the Employer who as a condition of employment must possess a valid teaching certificate issued under the authority of the Department of Education, the Province of Alberta, herein collectively referred to as teachers, or, where the context requires, teacher.

1.2   Notwithstanding Article 1.1, employees holding the following designation shall be excluded from this Agreement:

1.2.1   Superintendent

1.2.2   Deputy Superintendent

1.2.3   Assistant Superintendent

1.3   It is the right of the Employer to create, determine if an allowance is applicable, and fill new positions.  The Employer agrees to negotiate the amount of the allowance for the new position if, in accordance with Article 1.1 and 1.2, the position is covered by this Collective Agreement.

2.   TERM

2.1   This Agreement takes effect on September 1, 2012 and terminates August 31, 2016.  Either party may give to the other not less than sixty (60) nor more than one-hundred eighty (180) days prior to the termination of this Agreement a notice in writing of its intention to commence collective bargaining with a view to striking a new Agreement.  At the first meeting the parties following such notice, the parties shall exchange particulars of all amendments they seek.  Negotiations shall be limited to the items in the two lists combined unless changes are mutually agreed to.

2.2   The two parties may at any time, upon their mutual consent, negotiate revisions to this Agreement.  Any such revisions mutually agreed upon shall become effective from such date as determined during the course of negotiations.

2.3   Notwithstanding the termination date of this Agreement, if notice has been given to commence bargaining, the terms and conditions contained herein shall remain in full force and effect until otherwise altered through collective bargaining or until a strike/lockout commences, whichever comes first.

3.   SALARY SCHEDULE

3.1   The following factors shall determine the placement on the salary schedule:

3.1.1   The amount of teacher education subject to the terms and conditions of Article 7.

3.1.2   The length of teaching experience subject to the terms and conditions of Article 8 as at September 1 of the school year, or on the commencement of employment.

3.2   The salaries for each year of teacher education and experience are tabulated as follows:

 

Effective September 1, 2012

Years of

Teaching

Experience

Years of

Education

Four

Five

Six

0

58,041

61,203

64,989

1

61,425

64,588

68,372

2

64,810

67,971

71,755

3

68,195

71,357

75,142

4

71,581

74,740

78,527

5

74,962

78,125

81,909

6

78,344

81,510

85,296

7

81,730

84,894

88,681

8

85,118

88,279

92,064

9

88,501

91,662

95,448

10/11

91,885

95,045

98,833

 

Effective September 1, 2014 (0.2%)

Years of

Teaching

Experience

Years of

Education

Four

Five

Six

0

58,157

61,325

65,119

1

61,548

64,717

68,509

2

64,940

68,107

71,899

3

68,331

71,500

75,292

4

71,724

74,889

78,684

5

75,112

78,281

82,073

6

78,501

81,673

85,467

7

81,893

85,064

88,858

8

85,288

88,456

92,248

9

88,678

91,845

95,639

10

92,069

95,235

99,031

 

Effective September 1, 2015 (2.0%)

Years of

Teaching

Experience

Years of

Education

Four

Five

Six

0

59,320

62,552

66,421

1

62,779

66,011

69,879

2

66,239

69,469

73,337

3

69,698

72,930

76,798

4

73,158

76,387

80,258

5

76,614

79,847

83,714

6

80,071

83,306

87,176

7

83,531

86,765

90,635

8

86,994

90,225

94,093

9

90,452

93,682

97,552

10

93,910

97,140

101,012

 

Effective September 1, 2012, salary for:

one year of education

- $55,872

two years of education

- $61,413

three years of education

- $68,739

 

Effective September 1, 2014, salary for:

one year of education

- $55,984

two years of education

- $61,536

three years of education

- $68,876

 

Effective September 1, 2015, salary for:

one year of education

- $57,104

two years of education

- $62,767

three years of education

- $70,254

 

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

4.   SALARY PAYMENT

4.1   The Employer shall pay all the teachers monthly 1/12 of the salary rate in effect for that month as herein set forth and computed.  For the purpose of this Article, allowances shall be considered to be part of salary.

4.2   Teachers' salary payments shall be dated the 25th of each month and shall be distributed by the 25th of each month or the last teaching day of the month, whichever comes first.

4.3   Notwithstanding 4.2, if a teacher applies to the Employer in writing prior to April 1 of each school year, the teacher shall receive their July and August cheques for that school year on June 30, dated June 30.

4.4   Unless specifically permitted by this Agreement, authorized by the teacher, or authorized by law, payment of the salary of a teacher shall not be withheld beyond the regular date of payment.

5.   ALLOWANCES

Principals

5.1   Principals, other than those specified in 5.3 and 5.4, shall be paid an administrative allowance based on the number of students enrolled in the principal’s school in accordance with the following schedule:

Effective September 1, 2012

0

250 students

$18,165

251

350 students

$20,598

351

450 students

$23,013

451

600 students

$26,230

601

800 students

$30,095

801

950 students

$31,703

951+

 

$34,947

 

Effective September 1, 2015 (2.0%)

0

250 students

$18,528

251

350 students

$21,010

351

450 students

$23,473

451

600 students

$26,755

601

800 students

$30,697

801

950 students

$32,337

951+

 

$35,646

 

5.1.1   For the purposes of Article 5.1, the student count shall be as at September 30.

Vice-Principals

5.2   Each vice-principal shall receive 50% of the principal's allowance.

5.2.1   When in the absence of the principal, the vice-principal acts in the principal’s place for a period of five (5) or more consecutive school days, the vice-principal shall be designated as acting principal and shall receive an allowance computed as per Article 5.1 for the sixth (6th) consecutive school day and the following school days of the period during which the vice-principal is so designated.

5.2.2   In schools where there is no vice-principal, a teacher shall be designated acting principal and shall be paid in accordance with the administration allowance specified in Article 5.1, effective the first complete one-half (1/2) school day of the principal’s absence.

5.3   The principal at each Hutterite Colony School and Stampede Boys Ranch shall receive an allowance as compensation for performing administrative duties.

5.3.1   A base allowance of $3,100.18 effective September 1, 2012.

5.3.2   For each additional full time equivalent teacher, an allowance of $1,173.78 effective September 1, 2012.

5.3.3   For each part-time teacher, an allowance of $586.89 effective September 1, 2012.

5.4   The principal or designate at Education Plus and at Cameron Crossing School shall receive an allowance as compensation for performing administrative duties.

5.4.1   A base allowance of $3,100.18 effective September 1, 2012.

5.5   Division Coordinators shall receive an allowance per annum of $18,166.44 effective September 1, 2012.

5.6   Division Supervisors shall receive an allowance per annum of $18,166.44 effective September 1, 2012.

5.7   Division Facilitators shall receive an allowance per annum of $9,082.00 effective September 1, 2012.

5.8   Division Directors shall receive an allowance per annum of $23,014.00 effective September 1, 2012.

5.9   The principal and each full-time equivalent teacher in a Hutterite Colony School and Stampede Ranch shall receive an allowance per annum of $1,758.21 effective September 1, 2012.

5.10   Payment of a travelling allowance according to the Employer’s expense reimbursement policy shall be made to teachers who travel on school business at the request of the Employer.

5.11   A vice-principal may be appointed at the discretion of the Employer when a school, regardless of its type,

5.11.1   Has reached a student enrolment of 200 students at the beginning of the school term, or 220 students during the school term.

5.11.2   Has reached ten (10) professional staff at the beginning of the school term or twelve (12) professional staff during the school term. 

5.12   Payment for administration allowances shall commence on the effective date of appointment of the administrator.

5.13   In the event the Superintendent transfers a principal or vice-principal and such transfer results in an administrative allowance that is less than the allowance the principal or vice-principal currently receives, the current allowance shall be maintained until the lower allowance matches or surpasses the current allowance.

This shall not apply if the principal or vice-principal requests a transfer.  This clause shall be effective for the 1999/2000 school year and beyond.

5.14   Where the Superintendent agrees to the secondment of a principal, vice-principal, Division Co-ordinator or Division Supervisor to another employer, such teacher shall, upon return to the Division, continue to receive the same administrative allowance received immediately prior to the secondment.  Once the secondment is approved, notification will be provided to the Chair of the Local #16 Economic Policy Committee.

6.   SUBSTITUTE TEACHER

6.1   A substitute teacher means a teacher employed on a day-to-day basis.

6.2   Substitutes shall be paid be paid accordingly per day worked (inclusive of vacation pay in accordance with the Employment Standards Code):

$201.40 per day effective September 1, 2012.

Effective September 1, 2015, increase per day rate to $205.00 (2%).

6.2.1   Substitutes that are employed for one-half (1/2) day shall be paid at 50% of the rate for a full day substitute as per article 6.2.

6.3   A substitute teacher employed for more than four (4) consecutive school days as a replacement for a specific teacher shall be placed on the basic salary schedule on the fifth (5th) consecutive school day according to the substitute teacher's qualifications and experience.  This period of consecutive employment during the school year shall not be considered interrupted if a holiday, teachers' convention, professional development day or such other system-regulated break interrupts the teacher's continuity in the classroom.

7.   TEACHER EDUCATION

7.1   The evaluation of teacher education for salary purposes shall be determined by a Statement of Qualifications issued by The Alberta Teachers' Association Teacher Qualifications Service in accordance with the principles and policies established by the Teacher Salary Qualifications Board pursuant to the Memorandum of Agreement dated March 23, 1967, among the Department of Education, the Alberta School Trustees' Association and The Alberta Teachers' Association.

7.2   Calculation of Teacher Education

7.2.1   Within sixty (60) days of commencement of employment with the Employer, teachers shall submit a Statement of Qualifications from Teacher Qualifications Service or a copy of the Association’s Salary Evaluation Application Form for such evaluation.

7.2.2   Teachers who complete additional training to qualify for additional teacher education shall submit an updated Statement of Qualifications from Teacher Qualifications Service or a copy of the Association’s Salary Evaluation Application Form for such evaluation on or before December 15 for adjustments retroactive to September 1 and on or before March 15 for adjustments retroactive to January 1.

7.3   Until the teacher submits a Statement of Qualifications from Teacher Qualifications Service, the teacher shall be placed on the salary schedule according to the more recent acceptable Statement of Qualifications or according to the minimum education requirements of the teacher's teaching certificate.

7.4   If a teacher receives an evaluation which places the teacher at a higher grid position, all retroactive pay shall become due and payable at a pay period within forty-five (45) calendar days.

7.5   If the Statement of Qualification or a copy of the Association’s Salary Evaluation Application Form is not supplied as specified in Article 7.2, salary shall be adjusted effective the beginning of the month following the submission of a Statement of Qualifications.

7.6   Senior High C.T.S. Teachers

7.6.1   A senior high C.T.S. teacher is a teacher offering instruction in a C.T.S. (Career and Technology Studies) course where the course curriculum requires the teacher to have technical trade qualifications.

7.6.2   The Employer shall recognize, for teacher education purposes, a senior high C.T.S. teacher’s technical trade qualifications.

7.6.3   Such recognition for teacher education purposes is limited to one further year beyond the teacher’s current Teacher’s Qualifications Service Evaluation.

7.6.4   Such recognition for teacher education purposes will no longer be recognized if the teacher, at their request, no longer provides instruction in a C.T.S. course where the course curriculum requires the teacher to have technical trade qualifications.

8.   TEACHING EXPERIENCE

8.1   A year of teacher experience is any one school year during which a teacher under contract has received salary for not less than one hundred twenty (120) days while teaching in Canada.  A half year of experience is part of a school year during which a teacher under contract has received salary for not less than sixty (60) days while teaching in Canada.

8.2   Teaching experience earned by a teacher who has taught for another school jurisdiction shall be evaluated on the same basis as if the experience was earned under the Employer’s jurisdiction.

8.3   The adjustment dates for changes in the number of increments allowed for teaching experience shall be the commencement of the school year and February 1.

8.4   A substitute teacher may gain a year of teaching experience on the grid by accumulating not less than 120 teaching days in a given school year.

8.5   No teacher shall earn more than one (1) experience increment in one school year.

8.6   Each teacher claiming additional teacher experience and each teacher commencing employment with the Employer shall be placed on the salary schedule according to the level of satisfactory evidence acceptable to the Employer.  Satisfactory evidence shall be deemed to include documentation from previous Boards.  The Employer will accept a statutory declaration until satisfactory documentation has been provided.

8.7   If the documentation required in Article 8.6 is not supplied within sixty (60) days of commencement of employment, salary shall be adjusted effective the beginning of the month following the date of the submission.

8.8   Notwithstanding Articles 8.1 - 8.7:

8.8.1   A teacher holding a letter of authority is not entitled to receive more than five (5) experience increments until the teacher submits an interim or permanent certificate.

8.9   Senior High C.T.S. Teachers

8.9.1   A senior high C.T.S. teacher is a person offering instruction in a C.T.S. (Career & Technology Studies) course where the course curriculum requires the teacher to have technical trade qualifications.

8.9.2   The Employer, at its discretion, may recognize, for grid placement purposes, a senior high C.T.S. teacher’s technical trade experience.

8.9.3   Teachers on staff at September 1, 1998 and who have had vocational teachers trade experience recognized for salary purposes shall continue to have such experience recognized.

9.   SICK LEAVE

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

9.1.1   In the first year of service with the Employer, 2.5 days per month of employment to a maximum of twenty (20) operational days.

9.1.2   After one (1) year of service, ninety (90) calendar days.

9.2   After ninety (90) consecutive days of continuous disability, salary payment shall be terminated subject to the following provisions:

9.2.1   0.5% of the teacher's annual salary shall be paid for each day the teacher taught if the teacher taught for less than 100 days.

9.2.2   the annual salary shall be paid, less 0.5% of the annual salary, for each day the teacher does not teach if the teacher has taught 100 or more days.

9.3   Where a teacher has suffered an illness and/or has been paid under the provisions of the Alberta School Employee Benefit Plan, upon the teacher's return to duty, the teacher shall be entitled to an additional sick leave benefit in the current year in accordance with the following schedule:

9.3.1   Less than one (1) year of service, nil.

9.3.2   After one (1) year of service, ninety (90) calendar days.

9.4   The sick leave credit of a teacher on an approved leave of absence will not be altered.

9.5   Payment for sick leave will be made to teachers under the foregoing regulations, subject to the following conditions:

9.5.1   A teacher who is absent from school for a period of up to (and including) three (3) consecutive days will report as soon as possible to the school principal.  A declaration explaining the absence may be requested by the Superintendent on a form provided by the Employer.

9.5.2   A teacher who is absent from school for more than five (5) consecutive days shall provide the Superintendent with a certificate signed by a qualified medical or dental practitioner.

9.5.3   A teacher whose sickness extends for a period of over one (1) month may, at the discretion of the Employer, be required to furnish further medical certificates at the end of each month during the period of sickness.

10.   GROUP INSURANCE

10.1   The Employer will make available the following Alberta School Employee Benefit or equivalent plans as mutually agreed by both parties:

ASEBP - Life AD & D Schedule 2

ASEBP - E.D.B. Plan D

ASEBP - EHC Plan 1

ASEBP - Dental Care Plan 3

ASEBP - Vision Care Plan 3

ASEBP – Health Spending Account

Alberta Health Care Insurance

10.2   Participation in the Alberta School Employee Benefit Plan (Life, AD & D Schedule 2; E.D.B. Plan D) shall be a condition of employment for all teachers coming on staff after January 1, 1977.

10.3   Premium Contribution

10.3.1   Employer monthly contributions towards the total premiums shall be as follows or as mutually agreed by both parties:

96% - ASEBP Life AD & D Schedule 2

96% - ASEBP E.D.B. Plan D

96% - ASEBP EHC Plan 1

96% - ASEBP Dental Care Plan 3

96% - ASEBP Vision Care Plan 3

96% - Alberta Health Care Insurance

Effective September 1, 2014, increase 96% to 97% for all plans.

Effective September 1, 2015, increase 97% to 97.5% for all plans.

Effective July 1, 2016, increase 97.5% to 98% for all plans.

10.3.2   For each eligible teacher the Employer will establish a Health Spending Account as offered by ASEBP.

The Employer will establish for each eligible teacher a Health Care Spending Account that adheres to Canada Customs and Revenue Agency requirements.  The Employer will contribute $50.00 per month for each eligible teacher.  This amount shall be pro-rated for teachers employed less than full-time with the Employer.  The unused balance will be carried forward for a total accumulation of two years.  The teachers leaving the employ of the Employer will forfeit any remaining balance.  In this article “eligible teacher” means any teacher on a continuing, probationary, interim or temporary contract.

The Employer contribution for Health Spending Account shall be prorated for part-time teachers as per Article 21.1

10.4   Provided it is consistent with the provisions of the Federal Income Tax Act, the Employer contributions under this article will be applied in such a manner that the taxable benefit cost for each teacher will be reduced to as minimal level as possible based on the benefits for which each teacher is enrolled.

10.4.1   Contributions will be applied in the following order:

ASEBP EHC Plan 1

ASEBP Dental Care Plan 3

ASEBP E.D.B. Plan D

ASEBP Vision Care Plan 3

ASEBP Life and AD & D Schedule 2

Alberta Health Care Insurance

11.   E.I. PREMIUM REBATE

11.1   It is understood that payments made toward the aforementioned benefit plans shall permit the Employer to retain and not pass on to teachers any rebates of premiums otherwise required under Employment Insurance regulations.

12.   PROFESSIONAL DEVELOPMENT AND SABBATICAL FUND

12.1   A fund will be available for both Professional Development and Sabbatical Leaves for teachers.  The fund shall be composed of:

12.1.1   A Professional Development fund of $350 per teacher based on the full-time equivalent teacher count as at September 30 of the previous year; and

12.1.2   A Sabbatical Leave fund of 95% of the fourth year minimum salary as at September 30.

12.1.3   In the event that no candidate is selected for Sabbatical Leave, the funds for same shall be added to the Professional Development fund of that year.

12.1.4   All monies not used in a specific year shall be forwarded to the Professional Development Fund of the following year.

12.2   Sabbatical leaves may be granted for periods of time equivalent to one quarter, one semester or a full year.  A committee composed of three Employer representatives and three teacher representatives shall select the candidate(s) for the Sabbatical(s).

12.2.1   The equivalent of one full year’s Sabbatical Leave shall be allocated each year if there are sufficient applicants.

12.2.2   All applications for a Sabbatical Leave shall be submitted to the Superintendent by January 31, with a copy to the Chairman of the Professional Development Committee.  The Sabbatical Committee shall review all applications and select the candidate(s) by March 1.

12.3   For the guidance of this committee the following regulations shall apply:

12.3.1   To be eligible for a Sabbatical Leave a teacher must have been employed by the Employer for at least five (5) years.

12.3.2   Experience increments will not be granted to teachers for the period of the Leave.

12.3.3   A teacher granted Sabbatical Leave shall enter into an individual written agreement with the Employer on conditions under which the teacher may return to the school system at the conclusion of the Leave provided this contract does not contravene the Collective Agreement.

12.3.4   Teachers granted Sabbatical Leave shall return to their duties at the beginning of the school year or the beginning of a semester, whichever occurs first, following expiration of the Leave, and the teacher shall not resign or retire from the services of the Employer for at least two (2) years after return to duties.  If the teacher terminates employment before the two year return service commitment, then the teacher shall reimburse the Professional Development Fund any Sabbatical pay pro-rated.

13.   MATERNITY LEAVE

13.1   Maternity leave shall be granted on the following basis:

13.1.1   A teacher who is pregnant is entitled to maternity leave without pay, allowances (if applicable), and Employer contributions to group insurance premiums for a defined period of time up to two (2) full years.  If the period of leave chosen by the teacher is more than one (1) year, the return to work date shall be the nearest start of the semester or school year or such other date as is mutually agreed.

13.1.2   The teacher shall endeavour to give at least thirty (30) days notice in writing of the day which the teacher intends to commence maternity leave.  The teacher shall provide a medical certificate from a physician indicating that the teacher is pregnant and giving the estimated date of delivery.

13.1.3   A teacher may return to duties prior to the expiry of the maternity leave providing a suitable position is available.

13.1.4   Upon request, at least thirty (30) days prior to the expiry of the original leave, a teacher may be granted an extension of maternity leave for the balance of the semester or the school year in which the original leave terminated.

13.1.5   When a teacher returns to duties, the teacher shall be reinstated in the position occupied at the time maternity leave commenced, or be provided with alternative work of a comparable nature at not less than the teacher's grid position and benefits that were applicable at the time maternity leave commenced.

13.1.6   The provision of Article 16 ‘Other Leaves of Absence’, will apply for a teacher who wishes to extend maternity leave beyond the provisions of Article 13.1.4.

13.2   The period of absence during maternity leave will not be counted as experience toward the granting of increments except for the health-related portion of the leave.

13.3   Notwithstanding Article 13.1.1, a teacher who is absent from teaching duties during maternity leave for health reasons shall apply for Employment Insurance Benefits and accept Supplemental Employment Benefits in lieu of sick leave pursuant to the maximum payment level of the Supplemental Employment Benefit Plan maintained by the Employer.  A medical certificate signed by a physician indicating that the teacher is unable to work is required.

13.3.1   For those benefits that the teacher maintains coverage for during the health-related portion of maternity leave, the Employer shall pay the regular Employer contribution.

13.4   A teacher on maternity leave may pay on a monthly basis the premium contribution or prepay the entire sum, including the Employer's portion, and retain benefit coverage during the remainder of the leave.

13.4.1   While total premium costs are the teacher’s responsibility during this period, the Employer will continue to administer payment of these funds to the benefit plan carrier subject to the carrier’s approval.

13.4.2.   Failure by the teacher to prepay or make monthly payments will result in the termination of benefit plan coverage.

14.   LEAVE FOR PURPOSE OF ADOPTION

14.1   Leave for the purpose of adoption shall be granted on the following basis:

14.1.1   Upon request, the Employer shall grant adoption leave without pay for a period of up to one (1) year.

14.1.2   Commencement of leave shall occur the day following the notification of the teacher by an appropriate authority that a child-parent match has been completed.

14.1.3   When a teacher returns to duties, the teacher shall be reinstated in the position occupied at the time adoption leave commenced, or be provided with alternative work of a comparable nature, at not less than the teacher's grid position and benefits that were applicable at the time adoption leave commenced.

14.1.4   Upon request, at least thirty (30) days prior to the expiry of the original leave, a teacher may be granted an extension of adoption leave for the balance of the semester or school year in which the original leave terminated.

14.1.5   A teacher may return to duties prior to the expiration of leave granted under Article 14.1.1, providing a suitable position is available.

14.2   Premiums for A.S.E.B. Plans and Alberta Health Care Insurance shall be paid by the teacher during the period of the leave.

14.3   A teacher shall be granted up to a maximum of three days' leave with pay, providing the Employer is reimbursed for the cost of a substitute teacher, for the purposes of completing the necessary documentation, attending interviews with an appropriate authority, and receiving the adoptive child.

14.4   Leave for the purposes of adoption as specified in 14.1.1, shall be without pay or sickness allowance, and periods of absence will not be counted as experience toward the granting of increments.

15.   LEAVE OF ABSENCE

15.1   A temporary leave of absence with pay will be granted whenever the teacher is absent, as follows:

15.1.1   For not more than three (3) teaching days because of each critical illness of spouse, parent, child, brother, sister or parent of spouse.  One (1) additional day for necessary travel will be granted.  Extra days may be granted at the discretion of the Superintendent of Schools.

15.1.1.1   For not more than three (3) teaching days because of death of spouse, parent, child, brother, sister or parent of spouse.  One (1) additional day for necessary travel will be granted.  Extra days may be granted at the discretion of the Superintendent of Schools.

15.1.2   For not more than two (2) teaching days because of the death of each grandparent, grandparent of spouse, brother-in-law, sister-in-law, daughter-in-law, son-in-law or close friend.  One (1) additional day for necessary travel will be granted.

15.1.3   For one (1) day necessary to write each examination in an academic or professional course.

15.1.4   For not more than two (2) days to attend convocation exercises at a post-secondary institution at which the teacher, or the teacher's son, daughter, spouse or parent is receiving a degree.

15.1.5   For the days necessary to attend a conference, convention, institute, meeting, etc., as authorized and granted by the Employer.

15.1.6   A teacher who, despite reasonable effort, is unable to travel to his/her school from his/her usual place of residence because of (a) inclement weather, (b) impassable road conditions, or (c) failure of transportation facilities other than his/her own.

15.1.7   For not more than one (1) day for paternity leave for the birth of the teacher's own child.

15.1.8   For negotiating the terms of the Collective Agreement, the Association shall reimburse the Employer for the cost of a substitute teacher for each teacher for each day of such leave.

15.1.9   Effective September 1, 2014, for personal reasons, and subject to the operational needs of the school, teachers shall be granted one (1) personal day per school year at no cost to the teacher.  Unused days referred to in this clause shall accumulate to a maximum of two (2) days.  No more than three (3) days of such leave may be used in the same school year.

15.2   Temporary leave of absence with pay, provided the Employer is reimbursed by deducting from the teacher's wages the costs of a substitute teacher, may be granted to school-based teachers upon approval by the principal:  (If the leave occurs on a Professional Development, Teacher Preparation, or Teachers’ Convention Day, this deduction shall be credited to the Professional Development Fund).  All other certificated staff, including principals, may be granted temporary leave of absence upon approval by the Superintendent.

15.2.1   Who attend any public event of educational value.

15.2.2   For personal reasons for not more than three (3) days per school year.

15.3   Leave of absence without loss of pay shall be granted:

15.3.1   for jury duty or any summons related thereto;

15.3.2   to answer a subpoena or summons to attend as a witness in any proceeding authorized by law to compel the attendance of witnesses.

16.   OTHER LEAVES OF ABSENCE

16.1   Additional leaves of absence with or without pay may be granted to teachers for reasons deemed reasonable by the Superintendent of Schools.

16.2   A teacher who has been granted leave of absence without pay for in excess of sixty (60) calendar days shall not be eligible for paid leave benefits, or the employer contribution to the benefit plans set forth in Article 10.  However, where allowed by the provisions of a benefit plan the teacher may prepay the full premium contribution costs, including the Employer's portion, and retain coverage under the plan.

16.3   Subject to approval by the Employer, teachers may be granted leave of absence with pay, providing the Employer is reimbursed for the cost of a substitute teacher to attend legislative, executive, committee, or other meetings of The Alberta Teachers' Association, or to attend meetings as representatives of the Association.

17.   GENERAL CONDITIONS

17.1   Subject to the approval of the Superintendent, staff deployment is the responsibility of the principal.

17.2   A teacher who is not in receipt of an administrative or supervisory allowance, who agrees at the request of the Employer to provide professional service during any non-operational period, shall be paid on the basis of a half day or full day based on 1/200th of the teacher’s total annual salary.

17.2.1   A teacher under contract or on the approved substitute teacher list may be employed on an hourly basis to provide tutoring and/or marking services for credit course programs offered through the Employer's Education Plus facilities.  The teacher shall be paid at the rate of $40.00 per hour, inclusive of any entitlements in accordance with the Employment Standards Code.

17.3   Days where the Employer closes the school for health and safety reasons or physical plant breakdown: the Employer may require the school administrator(s) to remain on site during normal school hours during these closures.

17.4   The Employer shall be responsible for the moving of a teacher or shall pay, subject to prior approval, moving expenses incurred by the teacher, as a result of a Employer ordered transfer to another school.

17.5   All previous Collective Agreements between or affecting the parties are hereby cancelled.

17.6   This Agreement shall enure to the benefit and be binding upon the parties and their successors.

18.   PROTECTIVE CLAUSE

18.1   Nothing herein contained shall reduce the total salary of a teacher below the amount payable immediately prior to the effective date of this Agreement. 

19.   JOINT COMMITTEE

19.1   The Employer and the teachers recognize the advantages and acknowledge the mutual benefits to be derived from effective communication between trustees, teachers and administration.  Teachers also recognize the right and responsibility of the Employer to formulate policy.  For these reasons, a consultative committee, to be known as the “Joint Committee” shall be formed, consisting of the Superintendent (or delegate), two (2) Divisional Trustees, and three (3) representatives of the A.T.A. Local Association (one from the elementary level, one from the junior high level, and one from the senior high level).  The A.T.A. representatives shall be chosen by the Local.  Either party may bring issues to this committee for consideration.  The committee will meet at least four (4) times a year.

20.   GRIEVANCE PROCEDURE

20.1   Any difference between an employee covered by this Agreement and the Employer, or in a proper case between the Alberta Teachers` Association and the Employer,  concerning the interpretation, application, operation, or alleged violation of this Agreement, and including any dispute as to whether the difference is arbitrable, shall be dealt with as follows:

20.2   In the case of a difference between an employee and the Employer, such difference (hereinafter called a "grievance") shall first be submitted in writing to the Secretary-Treasurer of the Employer and to the Secretary of the Local of the A.T.A. and the coordinator of Teacher Welfare of the Alberta Teachers’ Association.  Such written submission shall be made within sixty (60) days of the date of the incident giving rise to the grievance or the date the griever reasonably became aware of the incident giving rise to the grievance.  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.  The respondent shall render their decision within twenty (20) days.

20.3   In the case of a difference between the Alberta Teachers’ Association and the Employer, either party may institute a grievance by, in the case of the Alberta Teachers’ Association, forwarding written particulars of the grievance to the Superintendent of Schools of the Employer and in the case of the Employer, by forwarding particulars of the grievance to the Coordinator of Teacher Welfare of the Alberta Teachers’ Association within sixty (60) days of the date of the incident giving rise to the grievance or the date the grievor reasonably became aware of the incident giving rise to the grievance.

20.4   In the event the grievance is not settled within twenty (20) days after the date of submission of the grievance in accordance with the above procedure, on or before a further ten (10) days have elapsed from the expiration of the aforesaid twenty (20) day time period, either party may by written notice served on the other party require establishment of an Arbitration Board as hereinafter provided.

20.5   Each party shall appoint one (1) member as its representative on the Arbitration Board within seven (7) days of such notice and shall so inform the other party of its appointee.  The two (2) members so appointed shall, within five (5) days of the appointment of the second of them, appoint a third person who shall be the Chairman.  In the event of any failure to appoint a Chairman either party may request the Director of Mediation Services to make the necessary appointment.

20.6   The Arbitration Board shall determine its own procedure, but shall give full opportunity to all parties to present evidence and to be heard.

20.7   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.

20.8   The findings and decision of a majority is the award of the Arbitration Board and is final and binding upon the parties and upon any employee affected by it.  If there is not a majority, the decision of the Chairman governs and it shall be deemed to be the award of the Board.

20.9   The Arbitration Board shall give its decision not later than fourteen (14) days after the appointment of the Chairman; however, this time period may be extended by written consent of the parties.

20.10   Each party to the grievance shall bear the expense of its respective appointee and the two (2) parties shall bear equally the expense of the Chairman.

20.11   All of the aforesaid time limits referred to in the grievance procedure shall apply to operational school days only.

20.12   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 necessary action within the time limit specified, the grievance shall be deemed to be at an end.  If the party against whom the grievance has been filed fails to take the necessary action within the time limit specified, the grievance shall be deemed to be at an end and the party against whom the grievance has been filed shall be deemed to have lost.

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

21.   PART-TIME TEACHERS

21.1   Part-time teachers shall be eligible for salaries and allowances on a pro-rata basis in the proportion that their hours of work bear to the hours of work of full-time teachers.  Teachers teaching less than 0.6 are eligible for benefit contributions on a pro-rata basis.  Teachers teaching 0.6 time or more are eligible for full benefit contributions.

21.2   Any teacher who is reduced to a part-time position by administration will retain all rights of full-time employment throughout said period.  If the part-time position is terminated or if the teacher requests full-time employment, the teacher will be provided with full-time employment within one year, providing a mutually acceptable position is available.

22.   DEFERRED SALARY LEAVE PLAN

22.1   A Deferred Salary Leave Plan will be maintained by the Employer - as per current Employer practice, as of October 1, 2003. 

SUBROGATION

23.1   If a teacher receives sick leave benefits because he/she has been injured through the fault of another party, the Employer has subrogation rights.  This means the teacher may make a claim to recover the amount of these benefits from the other party.  Depending upon the amount of the outcome of the teacher’s claim, the teacher may be obliged to reimburse the Employer for any benefits which the teacher has been paid or will be paid to them.

 

 

LETTER OF UNDERSTANDING

BETWEEN

THE FOOTHILLS SCHOOL DIVISION NO. 38

AND

THE ALBERTA TEACHERS’ ASSOCIATION

 

RE:  MEDICAL LEAVE CERTIFICATE

The parties, consisting of members of the EPC, Provincial Association and representatives of the Employer, agree to jointly develop a medical leave certificate that would be mutually acceptable to the Employer and teachers.  Following a written request by either party to meet for this purpose, unless mutually agreed to otherwise in writing, a meeting shall be scheduled within thirty (30) calendar days.  This letter shall expire and have no further force and effect on June 30, 2014 unless the parties agree to extend the deadline.

 

 

LETTER OF UNDERSTANDING

BETWEEN

THE FOOTHILLS SCHOOL DIVISION NO. 38

AND

THE ALBERTA TEACHERS’ ASSOCIATION

 

RE:  PRINCIPAL/VICE-PRINCIPAL LIEU DAYS

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

Effective September 1, 2014, school-based vice-principals will be granted one (1) paid leave day per school year, at a time mutually agreeable to the vice-principal and the superintendent or designate.  Failing agreement about whether the dates are mutually agreeable to the vice-principal and the superintendent, the Employer shall pay out the unused paid leave days at 1/200th of the vice-principal’s annual salary and allowance by the end of June each year.

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

 

 

LETTER OF UNDERSTANDING

BETWEEN

THE FOOTHILLS SCHOOL DIVISION NO. 38

AND

THE ALBERTA TEACHERS’ ASSOCIATION

 

RE:  PROFESSIONAL DEVELOPMENT

In supporting professional development, and consistent with the Framework Agreement imposed by the Minister of Education, the parties are committed to ensuring there is a balance between the interests of Alberta Education, the Employer, the school, and the teacher.  To this end, the Employer encourages teachers to identify and provide their principal with a plan for pursuing professional development opportunities that stem from their Individual Professional Growth Plan; further, encouraging that such professional development consider opportunities to collaborate with colleagues in a professional learning community setting to benefit student learning and mitigate teacher workload.  This assurance is further supported by the appeal structure provided by the Framework Agreement.  This letter expires and shall have no further force and effect as of June 30, 2016.