The Alberta Teachers’ Association

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

Between Fort McMurray School District No 2833, hereinafter called the "Board" of the first part and the Alberta Teachers' Association, a body corporate, incorporated under the laws of the Province of Alberta, hereinafter called the "Association", of the second part.

Whereas each party recognizes the other as the sole bargaining agent for the teachers employed by Fort McMurray School District No 2833, and

Whereas terms and conditions of employment 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 terms and conditions of employment of the teachers.

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

1. Recognition

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

1.2 Notwithstanding clause 1.1, employees holding the following designations shall be excluded from this agreement:

(a) superintendent
(b) associate superintendent
(c) assistant superintendents.

2. Term

2.1 This agreement covers the period of September 1, 2001 to August 31, 2003. Unless otherwise specifically provided for in the agreement, this agreement takes effect on the first of the month following the date of ratification by both parties until August 31, 2003.

2.2 Either party may give to the other not less than 60 days nor more than 150 days prior to the termination of the agreement a notice in writing of its intention to commence collective bargaining with a view to striking a new agreement.

2.3 If no notice is given, the agreement shall continue in full force and effect for another year and be subject to clause 2.2.

3. Salary Schedule

3.1 The Board shall pay all of the teachers covered by this collective agreement the salaries and allowances as herein set forth and computed.

3.2 The years of university education of the teacher and the years of teaching experience computed as hereinafter provided shall together determine the annual rate of salary to be paid to each teacher employed by the Board. One month's salary shall be considered to be 1/12 of the annual salary rate. Tabulated below (3.3) are the minimum and maximum salary rates and the experience increments for each year of teacher education.

3.2.1 Deferred Salary Leave Plan--The Board agrees to offer an approved deferred salary leave plan according to policy and procedures established jointly by Board and ATA representatives to be effective 1989 09 01.

3.3 September 1/01 - August 30/02

		Two	Three	Four	Five	Six
0		36,378	36,378	40,049	41,962	44,232
1		36,378	37,763	42,245	44,198	46,496
2		36,378	39,150	44,442	46,434	48,761
3		36,378	40,535	46,641	48,670	51,027
4		36,378	41,922	48,838	50,905	53,292
5		37,605	43,308	51,035	53,143	55,558
6		38,833	44,694	53,233	55,379	57,823
7		40,061	46,080	55,431	57,614	60,089
8		41,289	47,465	57,628	59,852	62,355
9		42,517	48,852	59,825	62,086	64,620
10		43,743	50,237	62,023	64,324	66,887
11		43,743	50,237	64,221	66,560	69,151

		Two	Three	Four	Five	Six
0		37,742	37,742	41,551	43,536	45,891
1		37,742	39,179	43,829	45,855	48,240
2		37,742	40,618	46,109	48,175	50,590
3		37,742	42,055	48,390	50,495	52,941
4		37,742	43,494	50,669	52,814	55,290
5		39,015	44,932	52,949	55,136	57,641
6		40,289	46,370	55,229	57,456	59,991
7		41,563	47,808	57,510	59,775	62,342
8		42,837	49,245	59,789	62,096	64,693
9		44,111	50,684	62,068	64,414	67,043
10		45,383	52,121	64,349	66,736	69,395
11		45,383	52,121	66,629	69,056	71,744

		Two	Three	Four	Five	Six
0/1		37,742	39,179	43,829	45,855	48,240
2		37,742	40,618	46,109	48,175	50,590
3		37,742	42,055	48,390	50,495	52,941
4		37,742	43,494	50,669	52,814	55,290
5		39,015	44,932	52,949	55,136	57,641
6		40,289	46,370	55,229	57,456	59,991
7		41,563	47,808	57,510	59,775	62,342
8		42,837	49,245	59,789	62,096	64,693
9		44,111	50,684	62,068	64,414	67,043
10		45,383	52,121	64,349	66,736	69,395
11		45,383	52,121	66,629	69,056	71,744

		Two	Three	Four	Five	Six
0/1		39,063	40,550	45,363	47,460	49,928
2		39,063	42,040	47,723	49,861	52,361
3		39,063	43,527	50,084	52,262	54,794
4		39,063	45,016	52,442	54,662	57,225
5		40,381	46,505	54,802	57,066	59,658
6		41,699	47,993	57,162	59,467	62,091
7		43,018	49,481	59,523	61,867	64,524
8		44,336	50,969	61,882	64,269	66,957
9		45,655	52,458	64,240	66,668	69,390
10		46,971	53,945	66,601	69,072	71,824
11		46,971	53,945	68,961	71,473	74,255

4.1 In addition to the foregoing salary there shall be paid functional allowances in accordance with the following schedule:

4.1.2 Principals and Vice-Principals Administrative Allowance

4.1.2.1 For Existing Schools--Based on enrolment as of September 30 of the current year, principals shall be paid an administrative allowance according to the following schedule:

- 0.14 percent of the fourth year maximum per student for the first 100 students
- 0.075 percent of the fourth year maximum per student for the next 100 students
- 0.04 percent of the fourth year maximum per student for each additional student
- For purposes of ECS students, each child shall be counted as one.

Notwithstanding the above, principals' basic minimum administrative allowance shall not be less than $6,500.

4.1.2.2 Administrative Transfers--When an administrator is transferred to another school by Board request, his/her administrative allowance shall be paid as follows:

Year 1: 100 percent of previous administrative allowance or the new allowance, whichever is greater.
Year 2: 75 percent of previous administrative allowance or the new allowance, whichever is greater.
Year 3: As per the new position.

4.1.2.3 For New Schools--Principals appointed to new schools in advance of opening shall receive an administrative allowance based on 50 percent of the approved rated capacity of the new school or $6,500 per year, whichever is greater.

4.1.3 Vice-Principals--Shall be paid 60 percent of the principal's allowance.

4.1.4 Acting Principal--In the event that any incumbent of an administrative position in a school is absent from duty for a period in excess of four consecutive teaching days, another administrator, supervisor or teacher may be selected by the superintendent and shall assume the responsibility and be paid only the allowance of the administrative position he/she temporarily occupies commencing with the fifth day.

4.1.4.1 Teachers who act as acting administrators shall receive time-in-lieu for time spent as acting administrators or decide to be paid $30 per day, $20 per half day.

4.1.5 Department heads may be appointed by the Board for terms of two years subject to annual review on the recommendation of the superintendent. Each department head shall be paid an allowance equal to seven percent of the fourth year maximum grid position.

4.1.6 Supervisors may be appointed by the Board upon the recommendation of the superintendent. Each supervisor shall be paid an allowance equal to 20 percent of the fourth year maximum grid position.

4.1.7 Consultants and coordinators may be appointed by the Board upon the recommendation of the superintendent. Each consultant or coordinator shall be paid an allowance equal to 10 percent of the fourth year maximum grid position.

4.2 Living and travel allowances will be paid to each teacher employed full-time by the Board as follows: $2,656 September 1, 2001, $2,756 August 31, 2002 and $2,852 March 1, 2003. This allowance is per teacher per year. The allowance will be prorated for part-time teachers under contract.

4.3 Duty expense allowance will be paid on the Monday preceding the convention to each teacher employed by the Board. The rates will be as follows:

(a) Travel - $300
(b) Subsistence - $400

Attendance at the whole of the convention will be required. Proof of attendance shall be certified by the principal/supervisor. This proof is deemed to be a list of eligible teachers provided by the ATA to the school division prior to the necessary adjustment.

4.4 When non-administrative teaching staff are requested by the superintendent or his designate and agree to work during the summer vacation they will be paid 1/200 of their last salary grid position per day or be given equivalent time off as agreed to by the teacher. Teachers may also agree to district project contracts for remuneration.

5. Application of Salary Schedule

5.1 Recognition of Teaching Experience

5.1.1 Allowance for past experience shall be one step on the schedule for each year of experience to the maximum as provided in the salary grid.

5.1.2 For purposes of this article, before an allowance is paid for experience prior to engagement, the teacher shall be required to submit a certified statement from previous employers to the effect that such experience was in a school under the jurisdiction of a provincial, state or national department of education.

This proof shall be in the form of a letter from the secretary-treasurer, superintendent or education Board. If this statement is not available at the time of employment, "proof" is deemed to be a registered letter from the teacher to the previous employer requesting the certified statement.

5.1.3 A year of teacher experience shall be any one school year during which a teacher, under contract, has taught full-time for not less than 120 full-time equivalent days. A teacher employed under contract, full-time or part-time, who teaches less than 120 full-time equivalent days, may accumulate an experience increment by combining consecutive school years of service. Increment adjustments shall be effected September 1 and February 1 annually and no teacher shall be credited with more than one experience increment for one school year.

5.1.4 Days taught as a result of a temporary contract are eligible for the purposes of clause 5.1.3 commencing the first day of the assignment causing a temporary contract to be issued in accordance with section 101 of the School Act.

5.1.5 Days taught on a day to day basis in SD 2833 as a teacher on call as defined by section 100(1) of the School Act are eligible for purposes of clause 5.1.3.

5.2 Evaluation of Teacher Education

5.2.1 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 1967 03 23 between the Department of Education, the Alberta School Trustees' Association and the Alberta Teachers' Association.

5.2.2 Placement on the salary schedule shall be according to the number of years of teacher education on the first day of each school year or on commencement of employment or on February 1.

5.2.3 Each teacher claiming additional teacher education and each teacher commencing employment with the Board, shall supply satisfactory evidence of teacher education to the Board within 90 calendar days from commencement of the school year, commencement of employment or February 1. The onus of proof of further education lies with the teacher by means of the Teacher Qualifications Service. If required proof is not received at the expiry date of this period, then the teacher's salary reverts to the next lower position on the grid or previously approved evaluation and subject to clause 5.1.2. No adjustment shall be made after June 30 of the current school year.

5.2.4 No payments for salary adjustments will be considered beyond the terms of the collective agreement within which such claim is initiated.

5.3 Senior High CTS Teachers

5.3.1 Career and technology studies teachers holding journeyman's certificate or equivalent, as approved by the Board in a nondesignated trade will be placed at four years education, '0' years experience or higher, if his/her TQS evaluation allows.

5.3.2 The Board, at its discretion, may recognize for teacher education purposes, a senior high CTS teacher's technical trade qualifications limited to one further year beyond the teacher's current Teacher Qualifications Service evaluation.

5.3.3 Experience to be paid for the last five years of trade experience plus 1/3 of all previous industrial trade experience as defined above. In the event of a major fraction of a year of experience, the calculations to be taken to the next higher year.

5.3.4 Following initial placement, the CTS teacher shall be entitled to the regular experience increments provided by this agreement, up to the maximum provided in the applicable category.

5.3.5 Advancement from one salary category to another shall be made in the same manner as for any regular teacher.

5.3.6 Such recognition for teacher education and experience purposes requires that the teacher be instructing in a relevant trades-based course, and will not be provided when the teacher ceases such instruction, effective the pay period following the change in teaching assignment, unless such reassignment is initiated by the Board.

6. Teacher on Call

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

6.2 The rate of pay for teachers on call regardless of grades taught shall be:

September 1, 2001 to August 31, 2002
$137.92 per full day
$71.72 per half day
these rates are inclusive of four percent vacation pay.

March 1, 2003 to August 31, 2003
$157.35 per day
$81.82 per half day
these rates are inclusive of four percent vacation pay.

The total amount shall be paid monthly to the teacher on call.

6.3 A teacher on call, after teaching four consecutive days for the same teacher, for the purposes of salary, shall be paid for the additional consecutive days taught according to his/her qualifications. Submission of years of teaching experience and certification shall be governed by articles 5.1.2 and 5.2.3.

7. Teachers on Probationary/Interim Contracts–Teachers on Part-Time Assignments

7.1 Teachers on probationary/interim contacts shall be notified by the Board 30 days prior to the end of the current school year whether they will be offered a continuing contract, a probationary contract for an additional year or if their contract will not be renewed.

7.2 (a) Any teacher employed on a full-time continuing contract who agrees to employment on a part-time contract shall be given a part-time continuing contract for an agreed upon period, and notwithstanding section 103(2) of the School Act, that contract shall be for a specified portion of a full-time equivalent which shall not be varied during that time except by consent.
(b) At the end of the initial or any subsequent time period the teacher shall return to a full-time contract unless, prior to March 1 of the year in question, the teacher and the Board agree to renew the part-time contract arrangement for a new time period. Nothing in this clause precludes any change in the contract by mutual consent.
(c) If the length of the part-time contract noted in (a) above is one year or less, the teacher shall be returned to the position held prior to the part-time teaching assignment. Should that position no longer exist, the teacher shall be placed in a full-time position with the Board. Should the teacher continue in the part-time position for more than one year, that teacher shall be placed in a full-time teaching position with the Board upon the teacher's return to full-time service.

8. Salary Payment

8.1 Save and except substitute teachers and temporary teachers, each teacher shall be paid:

8.1.1 1/12 of his/her annual rate of salary on the morning of the last teaching Thursday of each month from September to May inclusive;

8.1.2 2/12 of his/her annual rate of salary on the last teaching Thursday of June;

8.1.3 1/12 of his/her annual rate of salary on the last Thursday of August.

8.1.4 Teachers will have their pay deposited directly in the city of Fort McMurray financial institution of their choice by 12:00 noon on pay days through the district's direct cheque deposit system.

All teaching staff will participate in the direct deposit system.

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

8.3 Part-time teachers shall receive recognition for salary purposes for the aggregate of those occasions when required to perform full-time services.

9. Sabbatical Leave

The Board agrees to maintain staff development policies and regulations and such regulations shall incorporate the provision for sabbatical leave for employees covered under this agreement.

10. Leaves of Absence

10.1 Personal Reasons--A teacher shall receive leave of absence subject to the following conditions:

10.2 With Full Pay

i) For the serious illness of the teacher's father, mother, spouse, child, sibling, grandparent, grandchild, son-in-law, daughter-in-law or parents of spouse:
(a) in town: not more than three working days
(b) out of town-in Alberta: not more than four working days
(c) out of town-out of Alberta: not more than five working days.

Medical statement certifying serious nature of illness may be required.

ii) For the funeral of any persons referred to in clause 10.2(i):
(a) in town: not more than three working days
(b) out of town-in Alberta: not more than four working days
(c) out of town-out of Alberta: not more than five working days.

iii) For combined serious illness and death:
(a) in town: not more than six working days
(b) out of town-in Alberta: not more than eight working days
(c) out of town-out of Alberta: not more than 10 working days.

iv) For the funeral of brother-in-law or sister-in-law: two working days leave.

v) The superintendent will consider, upon request, leave in addition to (i) through (iv) where special circumstances prevail.

vi) Once per school year, leave amounting to one working day in town or up to three working days out of town for:
(a) paternity leave during confinement
(b) legal adoption.

vii) (a) For closure of public roads within the boundaries of the school jurisdiction including Fort McMurray airport which, despite reasonable efforts, prevents the attendance of the teacher at his/her own school.
(b) For closure of Highway 63 leading to Fort McMurray and for closure of airports which, despite reasonable efforts, prevents the attendance of the teacher at his/her own school.

viii) (a) For jury duty or any summons related thereto.
(b) To answer a subpoena or summons to attend as a witness in any proceeding authorized by law to compel the attendance of witnesses.
(c) Provided that the teacher remits to the Board any witness fee or jury stipend (excluding allowances and/or expenses) set by the court provided that the action is not initiated by or on behalf of the employee.

10.2.1 The superintendent or designate may approve leave with full pay:

i) To attend conferences, conventions or other meetings,
ii) To visit other schools,
iii) To attend meetings or committee meetings of Alberta Education, senates of colleges/universities, or meetings of municipal bodies of which he/she is a member,
iv) For one working day to attend son's, daughter's, spouse's or own convocation,
v) On business connected with the school system,
vi) For any teacher who is referred for health care or for that of his or her own spouse and children beyond the limits of the community,
vii) For any teacher appointed by Alberta Education to mark diploma examinations,
viii) For one working day to attend son's/daughter's high school graduation.

10.3 Leave With Cost of Teacher on Call to be Paid by the Association--A teacher elected to represent the Association may be granted leave of absence provided such leave be in writing to the employer at least 10 days prior to said leave. A leave of absence may not be unreasonably withheld if the notice period cannot be met due to extenuating circumstances outside the control of the teacher and Association. The granting of the leave is conditional to the leave not impacting on the district to meet critical timelines or meet contractual obligations. The employer may cancel the leave due to emergent situations.

10.4 Maternity Leave

10.4.1 In accordance with the Employment Standards Code, teachers are entitled to voluntary maternity leave without pay or benefits. The teacher commencing maternity leave may continue her benefit coverage by prepaying premiums.

10.4.2 Maternity leave shall not exceed 15 weeks.

10.4.2.1 Extended leave may be granted in combination with maternity leave. The combined leaves will not exceed 12 months.

10.4.3 The teacher shall determine the beginning and ending dates of her maternity leave.

10.4.4 When possible the teacher shall provide notice of her leave requirements 90 days in advance of the commencement of her maternity leave.

10.4.5 The Board will require a medical certificate specifying the anticipated date of delivery.

10.4.6 Supplemental Unemployment Benefit Plan

(a) The Board shall implement a supplementary unemployment benefit plan, which shall be accessed by the teacher, during the post-delivery period, which shall provide a teacher on maternity leave with 100 percent of her normal weekly earnings during the health-related portion of the maternity leave.
(b) The SUB plan will be paid for the duration of the absence from duties for a health-related reason related to pregnancy during maternity leave while the teacher is in receipt of EI benefits and during the EI waiting period up to a maximum number of days equal to the teacher's sick leave entitlement. After 90 consecutive calendar days of disability, the teacher shall apply for long-term disability benefits and the SUB plan payments shall cease.
(c) For the duration of the SUB plan, the Board shall continue to pay the employer's portion of the teacher's benefit plan premiums specified in clauses 12.1, 12.2, 12.3, 12.4, 12.5 and 12.6.

10.4.7 Early Return to Work - Maternity Leave

(a) The teacher, with the agreement of the Board, may shorten the duration of the six week period following the actual date of delivery by providing the Board with a medical certificate indicating that resumption of work by the employee will not endanger her health.
(b) A teacher who wishes to resume working before the scheduled end of her leave will be assigned to an appropriate teaching position within the district. At the end of her scheduled leave, the teacher may elect to return to the position held at the commencement of the leave.

10.5 Parental Leave

(a) The Board shall grant parental leave, without pay and without benefits, to a teacher in the following circumstances:
(i) in the case of a teacher entitled to maternity leave, a period of not more than 37 consecutive weeks immediately following the last day of the teacher's maternity leave;
(ii) a period of not more than 37 consecutive weeks within 52 weeks after the child's birth;
(iii) in the case of an adoptive parent, a period of not more than 37 consecutive weeks within 52 weeks after the child is placed with the adoptive parent for the purpose of adoption.

(b) If both parents are Board employees, the parental leave may be accessed entirely by one of the parents or shared by the parents. However, the Board is not required to grant parental leave to more than one employee at a time.

10.5.1 Notice of Parental Leave

(a) A teacher other than the birth mother must give the Board at least six weeks of notice of the date the teacher will start parental leave unless:
(i) the medical condition of the birth mother or child makes it impossible to comply with this requirement; or
(ii) the date of the child's placement with the adoptive parent was not foreseeable.

10.5.2 Return from Maternity or Parental Leave

A teacher shall provide the Board with a return date at the time the leave commences. Should that date subsequently change, the teacher shall provide four weeks written notice of the new return date.

10.5.3 Upon completion of her scheduled maternity and extended leaves, the teacher shall be:

(a) returned to the position held at the commencement of the leave, or
(b) returned to a comparable position as mutually agreed between the teacher and the superintendent or his/her designate.

11. Sick Leave

The Board recognizes that from time to time a teacher will be unable to perform regular duties as a result of accident, illness or disability. The Board agrees to make provision for appropriate modifications to the teacher's work assignment or, if necessary, for a leave of absence with or without pay or benefits.

11.1 Sick leave, with pay, shall 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:

In the first year of service with the Board, sick leave shall accumulate at a rate of one day for every nine days worked to a maximum of 20 working days. This sick leave may be applied retroactively, once earned, at any time during the school year. After one year of service: 60 working days.

11.2 In the case of a disability preventing a teacher from teaching and where no modification of work requirements is possible a teacher may be eligible for long term disability. Salary will be paid during the 90 calendar day waiting period, to the maximum of the teacher's accumulated sick leave.

11.3 Where a teacher has suffered an illness and/or has been paid under the provisions of the Standard Life Assurance Long Term Disability Plan, upon his/her return to full-time duty, he/she shall be entitled to an additional sick leave benefit in the current year in accordance with the following schedule to a maximum of:

Less than one year of service: nil
After one year of service: 60 working days.

11.4 Before a teacher returns to work after health related absence of 10 or more working days, a medical certificate shall be required certifying that the teacher is medically able to return to work.

It is the responsibility of the employee to keep the employer informed of the employee's status while away from work due to illness. Each employee accessing sick leave will inform the district's human resources department of his/her intended return to work. The employee's return to work will be coordinated by the human resources department. Return to work shall be governed by article 11.6 and district policies and procedures.

11.5 On the termination of employment of a teacher, all sick leave entitlements with the Board shall be cancelled.

11.6 A teacher who is absent from school duties to obtain necessary medical or dental treatment, or because of accident, disability or sickness is required to present a signed statement or medical certification upon request. The Board reserves the right to require a medical examination by a doctor selected by the Board.

11.6.1 Where no one other than the teacher can provide the needs during illness of a child, spouse, or dependent adult living in the teacher's household a teacher shall be entitled to use a maximum of three accumulated sick leave days per school year.

12. Health and Medical Care Benefits

12.1 Extended Health Care--The Board will contribute 100 percent of the cost of premiums per month for all teachers participating in the Alberta Blue Cross Extended Health Care Plan, Class A. This plan shall include 100 percent coverage of prescription drugs, subject to the plan's tariff schedule as amended from time to time.

12.2 Alberta Health Care--The Board will contribute 100 percent of the cost of premiums per month of the Alberta Health Care Insurance Plan for all teachers participating in the Alberta Health Care Insurance Plan.

12.3 Life, Accidental Death and Dismemberment and Long Term Disability

12.3.1 The Board will contribute 100 percent of the cost of premiums per month of all eligible teachers participating in the Standard Life Assurance Life Insurance Plan, Class A, which provides for four times the teacher's annual salary.

12.3.2 The Board will contribute 100 percent of the cost of premiums per month for all eligible teachers participating in the Standard Life Assurance Long Term Disability Plan, Class A.

12.3.3 Membership in the Standard Life Assurance Insurance and Long Term Disability Insurance Plan, Class A, shall be a condition of service.

12.4 The Board will contribute 100 percent of the cost of premiums per month for all eligible teachers participating in the Citadel Assurance Accidental Death and Dismemberment Plan, Class A.

12.5 Dental Care--The Board will make available the Alberta Blue Cross Dental Care Plan, Class A. Membership in the Alberta Blue Cross Dental Care Plan, Class A, shall be a condition of employment with exception of those teachers who elected not to participate prior to September 1978 and those who are not eligible to participate as defined in the plan and those who are covered under an equivalent spouse's plan, proof of which will be required. The Board will contribute 100 percent of the cost of premiums per month for all teachers participating in the Alberta Blue Cross Dental Care Plan, Class A. This plan shall provide for 100 percent of costs of routine treatments, 80 percent of the costs of major treatments and 50 percent of the costs of orthodontic treatments.

12.6 Vision Care--The Board will contribute 100 percent of the cost of premiums per month for all teachers participating in the Alberta Blue Cross Vision Care Plan, Class A.

12.7 Eligibility--Teachers commencing part-time employment with the Board after August 31, 1994 will be eligible to participate in benefit programs on the basis of shared payment of premiums prorated to each teacher's full-time equivalent. The Board will contribute 100 percent of the cost of premiums per month for all teachers whose part-time employment prior to August 31, 1994 was between 0.5 to 0.99 full-time equivalency.

12.8 The agreed to sharing of premium costs of insurance benefits provided herein includes rebates made to the employer under employment insurance regulations; no further adjustment is intended to be passed on to employees entitled to the benefits as provided, unless otherwise stated.

13. Personal Leave

13.1 A teacher shall be granted one day's leave per school year without loss of pay and without deductions for teacher-on-call pay provided that the request is submitted in writing to the superintendent or the superintendent's office and the principal is advised in advance of the intended leave date.

13.2 A teacher may apply for leave for personal reasons with pay less the cost of teacher on call services regardless of whether or not a teacher on call is required and be granted such leave at the discretion of the superintendent or his designate. Leave under this article is limited to a maximum of three days per school year.

13.3 Additional personal leave not covered elsewhere in this agreement may be considered with or without loss of pay at the discretion of the superintendent.

14. Grievance Procedure

14.0 An earnest effort shall be made to resolve the grievance fairly and promptly in the following manner:

Pre-grievance step: The teacher shall attempt to resolve the issue with appropriate parties prior to going to grievance.

Step 1: The teacher will communicate, in writing, items of concern to the EPC chair. The EPC chair and secretary treasurer have 15 days to resolve the grievance.
Step 2: Grievance committee has 21 days to resolve the concern.
Step 3: Proceed to arbitration board.

Time limits referred to in the grievance procedure will be operational days.

14.1 Any difference between any teacher covered by this agreement and the Board concerning the interpretation, application or alleged violation of the collective agreement and further including any dispute as to whether the difference is arbitrable, shall be dealt with as follows, without stoppage of work or refusal to perform work.

14.2 The grievance shall first be submitted in writing to the chairman of the EPC within 15 days from the date when the teacher was first unable to resolve the dispute. The EPC chair shall write a letter to the secretary treasurer initiating the grievance procedure. The EPC chair will define the nature of the grievance, the articles of this agreement which is alleged to have been violated, and the remedy sought.

14.2.1 Failing a satisfactory settlement within 15 days after the date of submission of the grievance to the secretary-treasurer, the chair of the EPC shall, within five days thereafter, give written notice to the secretary treasurer of the Board directing the case be considered by the grievance committee.

Such grievance committee shall be composed of two representatives of the Board and two representatives of the bargaining unit. The full committee shall meet and endeavor to resolve the grievance and shall render its decision within 21 days following receipt of the submission. The grievance committee may extend the time limit upon unanimous consent of the grievance committee. Unanimous decisions of the grievance committee shall be final and binding.

14.3 Failing a satisfactory settlement by the grievance committee within the said time, either party may, by written notice to the secretary treasurer and the chair of the EPC committee serve notice of intent to proceed to arbitration. Such notice must be given within 10 days after the date the aforesaid 21 day limit expires or the date the grievance committee renders other than a unanimous decision, whichever is shorter.

14.3.1 Each party shall appoint one member as its representative on the arbitration board within seven days of such notice and shall so inform the other party of its appointee. The two members so appointed shall, within five days of the appointment of the second of them appoint a third person who shall be the chairman. In the event of any failure to appoint a chairman, either party may request the director of mediation services to make the necessary appointment.

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

14.4 The arbitration board shall not change, amend or alter any of the terms of the 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 provision of this agreement or that involves the determination of a subject matter not covered by, or arising during the term of this agreement.

14.4.1 The decision of the majority shall be the decision of the arbitration board. Where there is no majority decision, the decision of the chairman shall be the decision of the arbitration board. The decision of the arbitration board shall be final, binding and enforceable on all parties and may not be changed.

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

14.6 Each party to the grievance shall bear the expense of its respective appointee and the two parties shall bear equally the expenses of the chairman. Each party shall bear the expense of their respective witnesses. Leave with loss of teacher on call pay for teachers under this collective agreement will not be unreasonably withheld.

14.7 In the event, at any stage of the grievance procedure (except in the respect of appointing persons to the board) if either party fails to take the necessary action within the time limits specified, the grievance shall be deemed to have been conceded.

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

15. Subrogation

15.1 In this clause:

"Additional Damages" includes general damages, special damages, loss of housekeeping capacity, cost of future care and interest, and punitive and aggravated damages;

"Board's Additional Claim" means a claim for the costs to the Board of any additional amounts it has expended or expects to expend for replacement or other costs attributable to a third party's malfeasance, in addition to those costs to the Board of the claim for wage loss;

"Claim for Wage Loss" includes a claim for wage loss equal to the sick leave or other benefits, premiums or wages paid or projected to be paid by the Board and paid to or on behalf of the teacher for the duration of any absence found in a judgment to have been required by such injury or illness or established by settlement of a claim or an action;

"Judgment" means an order of a court of competent jurisdiction;

"Legal Costs" means legal fees and disbursements, and GST chargeable thereon;

"Settlement" means an agreement whereby the teacher agrees to accept any sum of money representing all damages, either by lump sum, periodic payment(s), or through the purchase of an annuity, or any of them;

"Teacher" includes the teacher's personal representative, trustee, guardian or the estate of the teacher if deceased.

15.2.1 This clause applies solely to a teacher who has a claim against a third party for damages relating to an injury or illness caused in whole or in part by that third party and which has caused the teacher to be absent from work in respect of which the Board has been or is paying sick leave or other benefits or wages to the teacher.

15.2.2 Any teacher who is entitled to receive sick leave benefits or other benefits or wages does assign to the Board, in consideration of payment to the teacher of such sick leave or other benefits or wages, all rights of recovery against that third party as it relates to all amounts paid to the teacher by the Board.

15.2.3 Where the Board exercises its right of subrogation, the Board will indemnify and hold harmless a teacher against any claim against the teacher by the Board or by any other insurer under an insurance policy applicable to the teacher for breach of contractual subrogation terms and against any diminution in benefit coverage or entitlement which might result for the teacher from the exercise of rights under this clause.

15.2.4 If a teacher commences an action or makes a claim against a third party for damages relating to an injury or illness caused in whole or in part by that third party, the teacher shall advise the Board that such an action or claim is being brought.

15.2.5 If the Board makes a timely request to the teacher, the teacher shall include the claim for wage loss in any action or claim advanced against the third party.

15.2.6 The Board may request that the teacher's solicitor act on the Board's behalf, unless the teacher's solicitor provides written notice that he/she is unable to act on behalf of the Board. Alternatively, the Board may retain its own counsel to pursue the subrogated claim of the Board.

15.2.7 If the Board retains its own counsel to pursue its subrogated claim, the teacher will cooperate with the Board in the prosecution of the action, but may at any time elect to become dominus litis in respect of the claim for additional damages, and any apportionment related to them, and shall retain the right: (a) to participate in deciding which solicitors are to be instructed to bring the action or an appeal therefrom; (b) to review any documents related to the action; (c) to agree to any offer of settlement or the apportionment of an offer of settlement, whether an action has been commenced or not; (d) to settle on an amount of costs or an apportionment of costs; and (e) to participate in the decision with respect to any launching or prosecution of an appeal.

15.2.8 The Board may elect to pursue the Board's additional claim by way of joinder as plaintiff to the teacher's action, but the Board shall have no right of recovery under this clause with respect to the Board's additional claim, or set-off in respect of the Board's additional claim, from any amount awarded to the teacher for the claim for wage loss or additional damages.

15.2.9 Where such action is advanced to trial, the teacher or the Board shall request that any judgment specify the amount within any award made which is attributable to the claim for wage loss.

15.2.10 Where there is a settlement of the action against the third party, the teacher or the Board shall use best efforts to ensure that the settlement shall specify the amount within the settlement made which is attributable to the claim for wage loss.

15.2.11 Once the teacher is in receipt of monies as a result of a judgment against or settlement with the third party, the teacher shall reimburse the Board from such monies actually received from the third party, in accordance with subclause 15.2.12 or 15.2.13.

15.2.12 If the subrogated action or claim proceeds with the Teacher's solicitor acting on the Board's behalf, the Board shall compensate the teacher for legal costs in the same proportion as its recovery bears in relation to the entire amount recovered as a result of a judgment or a settlement.

15.2.13 If the subrogated action or claim proceeds with the Board's solicitor acting on the teacher's behalf, the teacher shall compensate the Board for legal costs in the same proportion as the teacher's recovery bears in relation to the entire amount recovered as a result of a judgment or a settlement.

15.2.14 This clause does not afford the Board the right of set-off as against a teacher's entitlements which arise unde any other clause of this collective agreement, including salary, allowance, medical or disability benefits, or any other compensation, or against income replacement which a teacher receives under other statutes or contracts of insurance, and the Board shall provide such entitlements as though the teacher had not been injured and was continuing to provide service as at the time of injury. In no event shall a teacher receive salary, benefits, allowances, or leaves which are less than, or provided later than, those to which the teacher is entitled under any other clause in this collective agreement.

15.2.15 This clause has application only in such cases where the teacher or the Board begins an action in the name of the teacher to recover damages for loss which has caused the teacher to lose time for which the Board has not otherwise been compensated, and is not an assignment of rights of the Alberta Teachers' Association to the Board.

16. Professional Forum

Committee Membership:

ATA: Six members elected by the Local (at least two shall be EPC members)

Management: Three members from senior management, selected by the Board

CUPE: The ATA and the Board members may ask a CUPE representative to attend a meeting or portion thereof.

Meeting Dates: Meetings will be held in November, February and May, and otherwise as required. Meetings may be called by the EPC chair or a representative of the Board and a meeting date and agenda will be set within two weeks. The party calling the meeting must provide its agenda issues at least one week prior to the meeting date, or the meeting must be rescheduled to allow for this one-week timeline.

It is understood that Board policies affecting teacher working conditions are to be presented to the professional forum for consideration and input prior to being amended. The professional forum acts in an advisory capacity to the Board. The Board and the ATA are committed to using this forum to resolving matters concerning policies affecting teacher working conditions.

General Articles

17. Nothing herein contained shall reduce the salary of a teacher below the amount payable immediately prior to the effective dates of this agreement.

18. All previous agreements, schedules and regulations between or affecting the parties are hereby cancelled.

19. This agreement shall enure to the benefit of all and shall be binding upon the parties and their successors.

20. Amendments to this agreement may be sought by either party at any time during the life of this agreement and may be executed only with consent in writing of both the Board and the Fort McMurray bargaining unit No 2833.

21. The Board shall make available to each teacher of the Fort McMurray bargaining unit No 2833 a copy of the collective agreement as soon as possible following its signing. The Board and the Local shall share equally the cost of production of the signed collective agreement to a maximum cost of $250.

22. This collective agreement shall remain in effect until such time as a new agreement is reached or a strike or a lockout occurs.

LETTER OF INTENT

1. Noon Hour Responsibilities

Teachers will have one half of the scheduled lunch break free from assignment or supervision.

This matter shall be reviewed by the professional forum during the life of this collective agreement (September 1, 2001 - August 31, 2003) and the resulting jointly developed position shall be adopted, as appropriate, in Board policy within this time frame.

Award Issued by Arbitration Tribunal 2002 08 27