The Alberta Teachers’ Association

COLLECTIVE AGREEMENT

[Incorporating language agreed to during Central Table Teacher Collective Bargaining between the Teachers’ Employer Bargaining Association (TEBA) and the Alberta Teachers’ Association (Association)]

This collective agreement is made this ___ of _________________ 20___ between Grande Prairie Roman Catholic Separate School District No. 28 (School Jurisdiction) and the Alberta Teachers’ Association (Association).

Whereas this collective agreement is made pursuant to the laws of the province of Alberta as amended from time to time including but not limited to the School Act, the Alberta Human Rights Act, the Public Education Collective Bargaining Act (PECBA), the Employment Standards Code, and the Labour Relations Code.

And whereas the terms of employment and the salaries of the teachers have been the subject of negotiation between the parties;

And whereas the parties have agreed to set forth these matters in an agreement to govern the terms of employment of the said teachers.

Whereas the School Jurisdiction and its teachers are committed to the development of quality education opportunities for students in the context of Catholic Christian Values.

NOW THEREFORE THIS AGREEMENT WITNESSETH that the parties agree as follows:

1.            APPLICATION/SCOPE

1.1          This collective agreement shall be applicable to every person who requires a teacher certificate as a condition of employment with the School Jurisdiction excepting those positions agreed to be excluded in local bargaining between the School Jurisdiction and the Association.

1.2          Excluded Positions

1.2.1      Superintendent of Schools

1.2.2      Any other designations which include the term Superintendent

1.2.3      Directors as appointed by the School Jurisdiction

1.2.3.1   A Director is a person who is allocated district-wide responsibilities by the Superintendent and becomes privy to confidential information of the School Jurisdiction.

1.3          The Association is the bargaining agent for each bargaining unit and:

1.3.1      has exclusive authority to bargain collectively with TEBA on behalf of all the teachers in the bargaining units and to bind the teachers in any collective agreement with respect to central terms; and

1.3.2      has exclusive authority to bargain collectively with each School Jurisdiction on behalf of the teachers in each bargaining unit with respect to local terms, and to bind the teachers by a collective agreement.

1.4          School Jurisdiction retains all management rights, unless otherwise provided by the expressed terms of this collective agreement.

1.5          Implementation of this collective agreement shall not cause a teacher presently employed to receive a salary less than that calculated under any previous collective agreement unless mutually agreed to by TEBA and the Association.

1.6          This collective agreement cancels all former collective agreements and all provisions appended thereto.

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

2.            TERM

2.1          The term of this collective agreement is September 1, 2016 to August 31, 2018. Unless stated otherwise, this collective agreement shall continue in full force and effect through August 31, 2018.

2.2          List Bargaining

2.2.1      Negotiations regarding the list of central and local matters must commence not less than 6 months and not more than 8 months before the expiry of the then existing collective agreement and shall be initiated by a written notice from the Association or TEBA to the other.

2.2.2      If agreement is not reached, the matter shall be determined by arbitration under PECBA.

2.3          Central Matters Bargaining

2.3.1      Either TEBA or the Association may, by written notice to the other, require the other to begin negotiations. Notwithstanding section 59(2) of the Labour Relations Code, a notice to commence central bargaining by TEBA or the Association must be served not less than 15 days and not more than 30 days after the central matters and local matters have been determined.

2.3.2      A notice referred to in subsection 2.3.1 is deemed to be a notice to commence collective bargaining referred to in section 59(1) of the Labour Relations Code.

2.4          Local Bargaining

2.4.1      Notwithstanding section 59(2) of the Labour Relations Code, a notice to commence local bargaining by a School Jurisdiction or the Association must be served after, but not more than 60 days after, the collective agreement referred to in section 11(4) of PECBA has been ratified or the central terms have otherwise been settled.

2.4.2      A notice referred to in subsection 2.4.1 is deemed to be a notice to commence collective bargaining referred to in section 59(1) of the Labour Relations Code.

2.5          Bridging

2.5.1      Notwithstanding section 130 of the Labour Relations Code, when a notice to commence central bargaining has been served, a collective agreement in effect between the parties at the time of service of the notice is deemed to continue to apply to the parties, notwithstanding any termination date in the collective agreement, until

a)            a new collective agreement is concluded, or
b)            a strike or lockout commences under Division 13 of Part 2 of the Labour Relations Code during local bargaining.

2.5.2      If a strike or lockout commences during central bargaining, the deemed continuation of the collective agreement is suspended until an agreement with respect to central terms is ratified under section 11(4) of PECBA or the central terms have otherwise been settled.

2.6          Meet and Exchange

2.6.1      For central table bargaining, representatives of the Association and TEBA shall meet and commence collective bargaining not more than 30 days after notice is given. At the first meeting, the Association and TEBA shall exchange details of all amendments sought.

2.6.2      For local table bargaining, representatives of the Association and a School Jurisdiction shall meet and commence collective bargaining not more than 30 days after notice is given. At the first meeting, the Association and School Jurisdiction shall exchange details of all amendments sought.

2.7          Opening with Mutual Agreement

2.7.1      The Association and TEBA may at any time by mutual agreement negotiate revisions to the central matters contained in this collective agreement. Any such revisions shall become effective from such date as shall be mutually agreed upon by the Association and TEBA.

2.7.2      The Association and the School Jurisdiction may at any time by mutual agreement negotiate revisions to the local matters contained in this collective agreement. Any such revisions shall become effective from the date mutually agreed upon by the parties.

2.8          Provision of Information

2.8.1      As the Association is the bargaining agent for the teachers employed by each School Jurisdiction, each School Jurisdiction shall provide to the Association at least once each year no later than October 31, a list of its teachers who are members of the Association including the name, certificate number, home address, home phone number and the name of their school or other location where employed.

2.8.2      Each School Jurisdiction shall provide the following information to the Association and to TEBA annually:

a)            Teacher distribution by salary grid category and step as of September 30;
b)            Health Spending Account (HSA)/Wellness Spending Account (WSA)/Registered Retirement Savings Plan (RRSP) utilization rates;
c)            Most recent School Jurisdiction financial statement;
d)            Total benefit premium cost;
e)            Total substitute teacher cost; and
f)             Total allowances cost.

3.            SALARY

3.1          Salary Pay Date/Schedule

3.1.1      Save and except substitute teachers, each teacher shall be paid one twelfth (1/12) his/her annual rate of salary on the last Friday of each month, except December which shall be on the last teaching Friday.

3.2          Grid

3.2.1      The School Jurisdiction shall pay all teachers the salaries and allowances as herein set forth and computed.  All sums mentioned herein are per annum unless specifically stated otherwise.

3.2.2      The amount of teacher education of a teacher and the length of teaching experience computed as hereinafter provided shall together determine the annual rate of salary to be paid to each teacher employed by the School Jurisdiction, except those teachers under Article 5.

3.2.3      Tabulated below are the minimum and the maximum salary rate and the experience increments for each year of university education.

Effective September 1, 2016

Effective September 1, 2017

3.3          Education

3.3.1      The Alberta Teachers' Association Teacher Qualification Service shall evaluate a teacher's university education for salary purposes 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 Association and the Alberta School Trustees' Association, dated March 23, 1967.

3.3.2      The adjustment dates for changes in the allowance for university education shall be on the first teaching day of the school year or upon commencement of duties.

3.3.3      Each teacher who completed additional courses toward further university education shall submit a statement from the Teacher Qualification Service Board or provide proof of having applied for same, to the Superintendent or designate within forty-five (45) days of commencement of duties.

3.4          Experience

3.4.1      Teachers shall gain experience while holding a valid Alberta teaching certificate or its equivalent, and working while:

a)            under contract in a position that requires a teaching certificate as a condition of employment, excluding leaves of absence without salary and vacation periods; and

b)            employed as a substitute teacher within the preceding five (5) years.

3.4.2      A teacher shall be granted only one (1) experience increment during any one (1) school year.

3.4.3      Previously unrecognized experience gained in one school year with a School Jurisdiction may be carried over for calculation of experience increments in the following school year with that same School Jurisdiction.

3.4.4      Provisions 3.4.1 and 3.4.3 take effect on September 1, 2017 and shall not be applied retroactively other than to permit unrecognized experience gained in the 2016-17 school year with a School Jurisdiction being carried over for calculation of experience increments in the 2017-18 school year with that same School Jurisdiction.

3.4.5      New appointees to the staff shall be required to provide proof of having applied for same, to the Superintendent or designate within forty-five (45) days of commencement of the duties, satisfactory evidence of age, teacher training, social insurance number and statement of teaching experience.

3.4.6      If the required documents are not received within the forty-five (45) days, the teacher shall be reverted to the most recent evaluated documents or the minimum teaching certificate held.

3.4.7      Each teacher shall provide such documents to the School Jurisdiction immediately upon receipt. All such transactions must be dealt with and completed within ten (10) months of the submission being made in 3.4.5 or 3.4.6. Once such documents are received they shall be applied effective the first of the school year or date of commencement of duties whichever is applicable.

3.4.8      A teacher who has been under contract and has received salary for one hundred ten (110) equivalent full days in any given school year shall be credited with one (1) year of experience for the purpose of increments.

3.4.9      Any teacher under contract with the School Jurisdiction who teaches less than one hundred ten (110) equivalent full days in a school year shall accumulate experience increments by combining teacher days to a total of one hundred thirty (130) equivalent full days with this School Jurisdiction.

3.4.10    The requirements of one hundred thirty (130) equivalent full days having been met, the teacher shall not begin to earn credit toward another experience increment until the commencement of another school year or February 1, whichever occurs first.

3.4.11    Any kindergarten teacher who has been under contract and has received salary for at least eighty (80) equivalent full days of a school year will be credited with one half (1/2) year of experience for purpose of increments. Payment for such credit is subject to Clause 3.4.12 of this agreement.

3.4.12    The adjustment dates for experience increments shall be at the commencement of the school year, on commencement of employment and on February 1.

3.4.13    Teaching experience obtained by the teacher prior to engagement by the School Jurisdiction is counted as if it had been teaching experience in schools under the School Jurisdiction's jurisdiction. Teaching experience obtained in the college and/or university level will not be counted.

3.5          CTS Teachers

3.5.1      A CTS teacher is any High School teacher who has Journeyman trade certification, a valid Alberta teaching certificate/Letter of Authority and teaching a minimum of 50 per cent in a trade area as outlined in the Alberta Apprenticeship Board’s list of trades.

3.5.2      In the case of CTS teachers, the School Jurisdiction shall have the right to determine the initial grid placement as they deem reasonable and necessary.  The School Jurisdiction will notify the Association of any teacher who is being paid under this clause.  Initial grid placement shall be no less than:

3.5.2.1   One year of experience for each year of vocational experience as a Journeyman up to a maximum of five years; and

3.5.2.2   After the fifth year, one year of experience for every two years of vocational experience as a Journeyman.

3.5.3      Vocational experience for clause 3.5.2 shall be that experience gained following the date a candidate attains Journeyman status or equivalent and further, such experience must be in the vocational area that the candidate is registered in while pursuing the university vocational educational program.

3.5.4      Once placed on a salary schedule, CTS teachers shall in the same manner as other teachers move vertically down the grid as their experience increases and horizontally across as their years of teacher training increases.

3.6         Other Rates of Pay

3.6.1      Work Outside of School Year for Designated School Counsellors

3.6.1.1   A Counsellor who agrees to render professional service during any vacation period at the request of the School Jurisdiction, shall be paid: 1/200 of the teacher’s total annual salary for each day of service.

3.6.2      Presentations at Teachers’ Conventions

3.6.2.1   A teacher who is engaged by an Association Convention Association as a speaker shall be entitled to retain any honorarium and/or stipend provided by the Convention Association in addition to their regular salary and allowances for that day.

4.            ADMINISTRATOR ALLOWANCES AND CONDITIONS OF PRACTICE

4.1          Administration Allowances

4.1.1      In addition to the foregoing salary there shall be paid an administrative allowance in accordance with the following schedule:

4.1.2      Principals' Administration Allowance: The administrative allowance shall be determined by:

4.1.2.1   Table I

4.1.2.2   The same percentage increases and effective dates as per the salary grid shall apply.

4.1.2.3   Number of pupils shall be calculated at September 30 of the current school year.

4.1.2.4   The administrative allowance for each child enrolled in the early childhood services program will be calculated at the same rate as for regular pupils.

4.1.3      Assistant Principal Allowance: An Assistant Principal shall be paid one half (½) of the Principal's allowance for that school as calculated under Clause 4.1.2, except as may be provided under Clause 4.2.1.

4.1.4      Supervisor: A teacher designated as a Supervisor shall be paid an allowance: Effective September 1, 2015 - $6,611 per annum.

4.1.5      Supervisor of Religious Education: A teacher designated as a Supervisor shall be paid an allowance: Effective September 1, 2015 - $6,611 per annum.

4.1.6      District Principal: A teacher designated as District Principal shall be paid an annual allowance equal to the Base Administration Allowance as per clause 4.1.2.1. In the case where the teacher designated as District Principal is in receipt of an allowance under Article 4 – Administration Allowances, the teacher shall be paid the higher of the applicable allowance in effect at the time of the appointment as District Principal or an allowance equal to the Base Administration Allowance.

4.1.7      Department Head: If a department head is employed, he/she shall receive an allowance in accordance with Table II below. The same percentage increases and effective dates as per the salary grid shall apply.

4.1.8      Table II:

4.2          Red Circling

4.2.1      Notwithstanding any other provision of this collective agreement where a Principal or Assistant Principal:

a)            Is required by the School Jurisdiction to transfer to another school or to another Principal's position;

b)            Has a designation of Principal or Assistant Principal maintained by the School Jurisdiction;

c)            Such transfer results in a lower annual salary and allowance calculation under this collective agreement;

The School Jurisdiction agrees to maintain the annual salary and allowance being received at the time of the transfer until such time as the provisions of this collective agreement entitle the Principal or Assistant Principal to an annual salary and allowance which is more than that being received at the time of the School Jurisdiction initiated transfer.

4.2.2      Notwithstanding any other provision of this collective agreement where student transfers by the School Jurisdiction result in a school's enrollment being lowered, the School Jurisdiction agrees to maintain the annual allowance being received at the time of the student transfers until such time as the provisions of this collective agreement entitle the Principal or Assistant Principal to an annual allowance which is more than that being received at the time of the School Jurisdiction initiated student transfer.

4.3          Acting/Surrogate Administrators – Compensation

4.3.1      In a school where the Assistant Principal designation exists, in the absence of the Principal, the School Jurisdiction shall appoint an acting Principal.  In such an instance where he/she acts as Principal for six (6) or more consecutive school days, he/she shall receive 1/200 of the Principal's allowance effective the 6th and subsequent consecutive school days.

4.3.2      In each school the School Jurisdiction shall appoint a Temporary Principal who will carry out administrative duties in the event that the Principal and Assistant Principal(s) are absent from the school. Each appointment shall be made on an annual basis.

4.3.3      In a school where an Assistant Principal's designation does not exist, the Temporary Principal shall be paid an allowance: $1,285 per annum

4.3.3.1   The same percentage increases and effective dates as per the salary grid shall apply.

4.3.4      In a school where an Assistant Principal's designation exists, the Temporary Principal shall be paid fifty percent (50%) of the allowance paid in 4.3.3.

4.4          Teachers with Principal Designations

4.4.1      Effective September 1, 2017, a teacher designated as a principal shall enter into a series of term contracts for a period of up to five (5) years. Up to two (2) of these five years may be on a probationary basis. Following the term contract maximum of five (5) years, inclusive of the maximum two (2) years probationary period, the School Jurisdiction must decide whether or not the designation will continue, and if it continues, it is deemed to be a continuing designation.

4.4.2      Any current principal who has had a term contract(s) for a term(s) of a total of less than five years on September 1, 2017 may continue under the term contract until the total number of years designated as a principal is five years. When the total length of the principal’s designation will be five years as of August 31, 2018, the School Jurisdiction must decide by April 30, 2018 whether or not the designation will continue in the 2018-19 school year, and if it continues, it is deemed to be a continuing designation.

4.4.3      For any current principal who is on a term contract(s) for a period of five years or more as of September 1, 2017, the School Jurisdiction must decide by January 31, 2018 whether or not the designation will continue, and if it continues, it is deemed to be a continuing designation. If the designation is not continued, it will expire at the conclusion of the term provided in the term contract, unless it is otherwise terminated in accordance with the express provisions of the term contract.

4.5          Other Administrators Conditions

4.5.1      Administrative Lieu Days

4.5.1.1   Principals will receive one (1) day in lieu per school year, to be taken at a time mutually agreeable to the Principal, and the Superintendent or designate. Lieu time must be utilized prior to the end of the current school year.

5.            SUBSTITUTE TEACHERS

5.1          Rates of Pay

5.1.1      A substitute teacher shall receive a flat rate for employment in accordance with the following schedule for each full and half day worked:

5.1.1.1   $230.35 per full day inclusive of holiday pay

5.1.1.2   $115.17  per half day inclusive of holiday pay

5.1.2      The same percentage increases and effective dates as per the salary grid shall apply.

5.2          Commencement of Grid Rate

5.2.1      Rate of pay for a substitute teacher who fills the same teaching position for more than four (4) consecutive teaching days shall be paid 1/200 of his/her grid salary beginning on the fifth day.

5.2.2      Effective September 1, 2017, the period of consecutive employment during the school year shall not be considered interrupted or non-consecutive, if a holiday, teachers’ convention, professional day or such other system-regulated breaks interrupt the substitute teacher’s continuity in the classroom.

6.            PART TIME TEACHERS

6.1          FTE Definition: Effective September 1, 2017, part-time teacher FTE will be determined by the ratio of the teacher’s actual annual instructional time to the teacher instructional time of a full-time assignment in the teacher’s school. This FTE will be used to calculate the prorated portion of a teacher’s assignable time.

6.2          Other Part-time Teacher Conditions

6.2.1      Professional and/or Faith Development Days

6.2.1.1   Part-time teachers are required to attend that portion of a professional and/or Faith Development Day that is consistent with the teacher’s instructional assignment for that day.

7.            GROUP BENEFITS

7.1          Group Health Benefit Plans, Carrier and Premiums

7.1.1      Alberta School Employee Benefit Plans - Life and AD&D Plan 2, EDB Plan D

7.1.1.1   Membership in the Alberta School Employee Benefit Plans shall be a condition of employment.  The School Jurisdiction 's contribution to the ASEBP covering teachers employed by the School Jurisdiction shall be one hundred percent (100%) of the premium payable according to the salary entitlement under Clauses 3.2.3 and 4.1, 4.2, and 4.3 inclusive.

7.1.2      Alberta Health Care Premium Plan: The School Jurisdiction shall contribute one hundred percent (100%) of the monthly premium per teacher registered in the plan.

7.1.3      Extended Health Care Premium Plan 1: The School Jurisdiction shall contribute one hundred percent (100%) of the monthly premium per teacher registered in the plan.

7.1.4      Dental Care Benefits, Plan 3: The School Jurisdiction shall contribute one hundred percent (100%) of the premium costs for each teacher who participates in the plan.

7.1.4.1   Membership in the plan for new eligible employees shall be a condition of employment.  A teacher may be exempt from the condition of employment should he/she have spousal coverage.

7.1.5      Vision Care Plan, Plan 3: The School Jurisdiction shall contribute one hundred percent (100%) of the premium costs for each teacher who participates in the plan.

7.1.6      In the event that the School Jurisdiction is convinced that benefit coverage through an alternative carrier can be attained for significant savings and provided that the coverage is identical to, or better than, those provided by the current carrier, the School Jurisdiction may change carriers with mutual consent of the Association.

7.2          Health Spending Account

7.2.1      The School Jurisdiction will establish for each eligible teacher a Health Spending Account for the use of the eligible teacher, his/her spouse and dependents, and administered by the Alberta School Employee Benefit Plan (ASEBP), which adheres to Canada Revenue Agency (CRA) and Income Tax Act requirements. The unused balance will be carried forward to the extent permitted by CRA. Teachers leaving the employ of the School Jurisdiction for any reason will forfeit any remaining balance subject to the applicable run off provisions. In this article "eligible teacher" means any teacher on a continuing, probationary, interim or temporary contract of at least five [5] months duration. The School Jurisdiction will contribute to the account for each eligible teacher as follows: $675 per school year.

7.3          Other Group Benefits

7.3.1      Canada Employment and Immigration Commission Rebate

7.3.1.1   It is understood that payments made toward the aforementioned benefit plans shall permit the School Jurisdiction to retain and not pass on to teachers any rebates of premiums otherwise required under the Canada Employment and Immigration Commission regulations.

7.3.2      Retired Teacher Benefits

7.3.2.1   For a retired teacher who is hired by the School Jurisdiction on a contract of employment other than substitute teaching and who is receiving a teacher pension, the School Jurisdiction will, each month that the teacher is employed, reimburse the monthly premiums for an amount equivalent to the ASEBP Early Retirement Plan Option One and Alberta Health Care premiums.

7.3.2.2   The cost to the School Jurisdiction of such premiums will be the lesser of the ASEBP retirement package premiums that the teacher may already be paying or the premium for another similar package selected by the teacher upon retirement.  The premium reimbursement will be paid according to the number of calendar days that the contract is in effect divided by three hundred sixty five (365), times the annual premium.

7.3.2.3   The teacher upon employment under a contract must provide the School Jurisdiction with documentation from Alberta Health Care, ASEBP or a similar plan regarding their benefit premium costs.

7.3.3      Northern Benefits

Teachers may choose to use either one of the following:

7.3.3.1   Northern Travel Benefit: for those teachers who are eligible, and for the purposes of this Collective Agreement $5,400 of the annual salary, shall be considered to be a Travel Assistance Benefit paid in a designated area as defined by Canada Revenue Agency (CRA), and shall be indicated as such in the appropriate box on the annual T4 slip. The provision of this benefit shall in no fashion add to the cost of salary or benefits to the School Jurisdiction and shall be in accordance with the provisions set by CRA.

7.3.3.2   Northern Travel Medical Benefits: for those teachers who are eligible, and for the purposes of this Collective Agreement $5,400 of the annual salary, shall be set out as medical travel assistance benefit paid in a designated area as defined by CRA, and shall be indicated as such in the appropriate box on the annual T4 slip. The provision of this benefit shall in no fashion add to the cost of salary or benefits to the School Jurisdiction and shall be in accordance with the provisions set by CRA.

8.            CONDITIONS OF PRACTICE

8.1          Teacher Instructional and Assignable Time

8.1.1      Effective September 1, 2017, teacher instructional time will be capped at 907 hours per school year commencing the 2017-18 school year.

8.1.2      Effective September 1, 2017, teacher assignable time will be capped at 1200 hours per school year commencing the 2017-18 school year.

8.2          Assignable Time Definition

8.2.1      Assigned Time is defined as the amount of time that School Jurisdictions assign teachers and within which they require teachers to fulfill various professional duties and responsibilities including but not limited to:

a)            operational days (including teachers’ convention)
b)            instruction
c)            supervision, including before and after classes, transition time between classes, recesses and lunch breaks
d)            parent teacher interviews and meetings
e)            School Jurisdiction and school directed professional development, time assigned to teacher professional development, and travel as defined in Clause 8.2.3
f)             staff meetings
g)            time assigned before and at the end of the school day
h)            other activities that are specified by the School Jurisdiction to occur at a particular time and place within a reasonable work day.

8.2.2      Teachers have professional obligations under the School Act and regulations made pursuant to the School Act, as well as the Teaching Quality Standard, which may extend beyond what is assigned by School Jurisdictions. Teachers have discretion, to be exercised reasonably, as to when they carry out their professional responsibilities that extend beyond their assigned time.

8.2.3      Time spent traveling to and from professional development opportunities identified in 8.2.1 (e) will not be considered in the calculation of a teacher’s assignable time if:

a)            the teacher is being provided any other pay, allowances or a per diem for that travel time (excluding any compensation provided for mileage).

b)            the actual distance required to travel for the purposes of such professional development does not exceed the teachers’ regular commute to their regular place of work by more than eighty (80) kilometers. In such instances, assignable time will be calculated as one quarter (1/4) of an hour for every twenty (20) kilometers traveled in excess of the eighty (80) kilometer threshold.

c)            the time is spent traveling to and from the teacher’s annual convention.

8.3          Other Conditions of Practice

8.3.1      Lunch Time and Noon-Hour Supervision: A school staff may implement a noon-hour supervision program on a non-profit or cost recovery basis.

8.4          Extracurricular

8.4.1      The parties recognize the value of extracurricular activities including the participation of teachers. However, teacher participation in extracurricular activities is voluntary. Should a teacher decide to participate in such activities the teacher will not be paid for such service.

9.            PROFESSIONAL DEVELOPMENT

9.1          Teacher Professional Growth Plan

9.1.1      Teacher Professional Growth Plans will consider but will not be required to include the School Jurisdiction’s goals.

9.1.2      The teacher professional growth process, including discussions between the teacher and principal on the professional growth plans, will continue to take place.

9.1.3      School Jurisdictions and/or schools are not restricted in developing their own staff development plan in which the School Jurisdiction and/or school may require teachers to participate.

9.2          Sabbatical Leave

9.2.1      Sabbatical leave shall mean leave of absence approved by the School Jurisdiction on application by the teacher for the following reasons:

9.2.1.1   Study approved by the School Jurisdiction for improving the teacher's academic or professional education.

9.2.1.2   Travel or experience which is approved by the School Jurisdiction as being useful in improving the teacher's service.

9.2.2      To be eligible for sabbatical leave under Clause 9.2.1.1, the teacher shall have served the School Jurisdiction for five (5) years.

9.2.3      To be eligible for sabbatical leave under Clause 9.2.1.2, the teacher shall have served the School Jurisdiction for five (5) years.

9.2.4      A teacher who is granted a sabbatical leave shall give an undertaking in writing to return to his/her duties following expiration of his/her leave and shall not resign or retire from teaching service or other mutual agreement between the School Jurisdiction and the teacher, for a period of at least two (2) years after resuming duties.

9.2.5      All applications for sabbatical leave shall be submitted to the School Jurisdiction by February 28 preceding the school year in which the sabbatical leave is to commence.

9.2.6      A teacher who is granted sabbatical leave for the year shall receive as salary fifty five percent (55%) of the grid salary in effect during the year of his/her sabbatical leave payable in equal monthly instalments; excluding any additional allowances.

9.2.7      A period of sabbatical leave shall not be considered as an equal period of classroom service for salary purposes.

9.2.8      Upon resumption of duties the teacher shall be returned to a position no less favorable than the one in which s/he was employed before the leave was taken.

9.2.9      Should a teacher by mutual consent, resign or retire from the service of the School Jurisdiction before completing the required two year service following such leave, the sabbatical leave salary shall be repaid to the School Jurisdiction on a prorated basis.

9.3          Tuition Fees

9.3.1      The School Jurisdiction supports the professional development of the teachers in its employ and specifically requests that teachers continuously seek to improve their professional qualifications and abilities by taking courses for that purpose. Any teacher who successfully completes an accredited university course shall receive compensation from the School Jurisdiction according to Table III providing the teacher has been continuously employed full time by the School Jurisdiction for a period not less than two (2) years.

Table III (University Course)

9.3.2      The teacher who intends to take an accredited university course shall submit a resume of the course to the School Jurisdiction at least thirty (30) days prior to the commencement of the course. The School Jurisdiction may waive the thirty (30) day requirement in special circumstances.

9.3.3      The compensation set out above shall be limited to one full course per calendar year.

9.3.4      In order for a teacher to receive compensation from the School Jurisdiction an official transcript of the course may be submitted to the School Jurisdiction forty-five (45) days after the receipt of their final marks.  Compensation shall be paid by the School Jurisdiction to the teacher no later than one month following receipt of the transcript.

10.          SICK LEAVE / Medical Certificates and Reporting

10.1        During the first year of employment the statutory sick leave of twenty (20) days shall accumulate at the beginning of each school year of service with the School Jurisdiction to the credit of each teacher to a maximum of twenty (20) working days.

10.2        If a teacher is absent from school duties to obtain necessary medical or dental treatment or because of accident, disability or sickness for a period or periods exceeding the statutory sick leave entitlement, he/she shall be paid his/her salary to the extent of the accumulated sick leave which then shall be reduced accordingly.

10.3        A teacher who is absent from school duties to obtain necessary medical or dental treatment or because of accident, disability or sickness for a period of more than three (3) consecutive teaching days shall be required to present a medical certificate within seven (7) calendar days of the commencement of the absence.

10.4        A teacher who is absent from school duties to obtain necessary medical or dental treatment or because of accident, disability or sickness shall be required to present a signed statement giving the reasons for such absence.

10.5        The School Jurisdiction shall be entitled to require a medical examination by a doctor selected and paid for by the School Jurisdiction if the sickness or disability extends for more than one (1) month.

10.6        Sick leave granted under Clause 10 shall be granted for the teacher's personal medical or dental treatment, accident, disability or sickness.

10.7        At the beginning of the second year of continuous employment with the School Jurisdiction and provided continuity of employment is not broken, a teacher shall be granted ninety (90) calendar days of sick leave credits. All accumulated but unused sick leave shall be cancelled.

10.8        Subject to 10.1, a teacher who has been absent on sick leave and returns to regular duties shall have the ninety (90) calendar day sick leave entitlement reinstated. However, in instances where the teacher has been continuously absent for a period of sixty (60) or more calendar days, reinstatement of the sick leave entitlement shall be made contingent on the teacher providing a medical certificate, signed by a medical practitioner prior to the date of return, verifying that the teacher is able to return to work on a continuing basis. In addition the ninety (90) days shall not be reinstated until the teacher has been actively at work for ten (10) consecutive teaching days, unless the absence is a result of a new medical condition supported by a certificate signed by a medical practitioner.

11.          MATERNITY, ADOPTION AND PARENTAL LEAVE

11.1        Maternity Leave/Parental Leave/Adoption Leave

11.1.1    Maternity Leave: Maternity leave shall be for a maximum period of fifteen (15) weeks and shall be without pay.

11.1.1.1                The teacher shall endeavor to notify the Superintendent of her leave requirements three (3) months in advance, however, she shall give the Superintendent at least four (4) weeks notice of the day on which she intends to commence maternity leave.

11.1.1.1.1             Prior to the leave commencing, each teacher shall endeavor to provide the Superintendent with the date she plans on returning to work, however, she shall give the Superintendent at least four (4) weeks notice of the day on which she intends to return to work.

11.1.1.1.2             Any such notices shall be in writing.

11.1.1.2                The School Jurisdiction shall pay the insurance plan premiums under Clauses 7.1.1, 7.1.2, 7.1.3, 7.1.4 and 7.1.5 during the fifteen (15) week period the teacher is on maternity leave.

11.1.1.3                The teacher shall access the School Jurisdiction’s one hundred percent (100%) supplementary unemployment benefit plan for any health related period effective the date the birth of her child.  However, it is understood that a teacher who is not eligible for employment insurance benefits may access sick leave in accordance with Article 10 for the health related portion of maternity leave. Medical documentation for the health related period shall be provided as specified in Clause 10.3.

11.1.1.4                The teacher shall not receive more than ninety (90) continuous calendar days of salary from any combination of pre-delivery sick leave and post-delivery supplementary unemployment benefit plan.

11.1.1.5                A teacher returning from such fifteen (15) weeks leave shall be returned to the position held at the commencement of the leave. In the event the position no longer exists, the teacher shall be returned to a comparable teaching position.

11.1.1.6                The health-related portion of the fifteen (15) weeks maternity leave shall be counted for increment purposes.

11.1.2    Adoption Leave:

a)            Adoption leave shall be for a maximum of thirty-seven (37) weeks and shall be without pay.

b)            In addition to adoption leave, the teacher shall be eligible for a further leave without pay for up to fifteen (15) weeks provided such is continuous and complete within twelve (12) months of the date the teacher first went on leave. The teacher shall give the School Jurisdiction at least four (4) weeks notice of the day on which s/he intends to commence leave and four (4) weeks notice of the day on which s/he intends to return to his/her duties.

11.1.2.1                A teacher returning from such thirty-seven (37) weeks leave shall be returned to a comparable teaching position held at the commencement of the leave.

11.1.2.2                The teacher shall endeavor to provide the School Jurisdiction with at least three (3) months notice of intent to adopt, however, the teacher shall give the School Jurisdiction at least two (2) weeks notice of the date the teacher can reasonably expect to obtain custody of the child.

11.1.2.3                The School Jurisdiction shall pay insurance plan premiums under Clauses 7.1.1, 7.1.2, 7.1.3, 7.1.4 and 7.1.5 during the thirty-seven (37) week period the teacher is on adoption leave.

11.1.2.4                Where both parents of a child are employed by the School Jurisdiction, the teachers may share the adoption leave.  The School Jurisdiction is not required to provide leave to both parents at the same time. Where the leave is to be shared, the terms of the shared leave shall be arranged by the teachers and the School Jurisdiction.

11.1.3    Parental Leave

11.1.3.1                In addition to maternity leave, the teacher shall be eligible for a further leave without pay for up to thirty-seven (37) weeks provided such is continuous and complete within twelve (12) months of the date the teacher first went on leave. The teacher shall give the School Jurisdiction at least four (4) weeks of notice of the day on which she intends to return to her duties.

11.1.3.2                A teacher that has not accessed either maternity or adoption leave is entitled to thirty-seven (37) weeks of parental leave provided the leave is taken within a year of the birth of the teacher’s child.  The teacher shall give the School Jurisdiction at least four (4) weeks notice of the day on which s/he intends to commence parental leave and four (4) weeks notice of the day on which s/he intends to return to his/her duties.

11.1.3.3                Where both parents of a child are employed by the School Jurisdiction, the teachers may share the parental leave.  The School Jurisdiction is not required to provide leave to both parents at the same time. Where the leave is to be shared, the terms of the shared leave shall be arranged by the teachers and the School Jurisdiction.

11.1.3.4                During the leave in 11.1.3 the School Jurisdiction shall pay the insurance plan premiums under Clauses 7.1.1, 7.1.2, 7.1.3, 7.1.4 and 7.1.5.

11.1.3.4.1             Any benefits received by a teacher following the first fifteen (15) weeks of the thirty-seven (37) week period, must be remitted to the School Jurisdiction if the teacher does not return as mutually agreed.

11.1.3.5                This leave shall be without pay and will not be counted for the granting of increments.

11.1.3.6                A teacher returning from such a leave shall be entitled to a comparable teaching position with the School Jurisdiction.

11.2        Benefits – Prepayment or Repayment of Premiums During Unpaid Portion of Leave

11.2.1    Teachers may prepay or repay benefit premiums payable during the duration of a maternity, adoption or parental leave.

11.2.2    Subject to the terms and conditions of the benefits insurance carrier policies, teachers on maternity, adoption or parental leave may make arrangements through the School Jurisdiction to prepay 100 per cent of the benefit premiums for applicable benefits provided for in the existing collective agreement, for a period of up to 12 months.

11.2.3    Notwithstanding Clause 11.2.2, subject to the terms and conditions of the benefits insurance carrier policies, upon request by the teacher, the School Jurisdiction will continue paying the School Jurisdiction portion of the benefit costs for a teacher on maternity, adoption or parental leave, for a period of up to twelve months, provided the teacher repays the teacher portion of the benefit premiums.

11.2.4    A teacher who commits to Clause 11.2.3 is responsible to repay the amount of the School Jurisdiction paid benefit premiums, and shall reimburse the School Jurisdiction upon return from the leave, in a mutually agreeable, reasonable manner over the period of no more than twelve months following the teacher’s return to duty.

11.2.5    If a teacher fails to return to his/her teaching duties, the teacher shall be responsible to forthwith repay the School Jurisdiction paid benefit premiums, and shall reimburse the School Jurisdiction upon receipt of an invoice.

11.2.6    If a teacher has not fully repaid the cost of benefit premiums previously paid by the School Jurisdiction under Clause 11.2.3 the teacher is not eligible to reapply for additional consideration under Clause 11.2.3.

12.          PRIVATE BUSINESS/GENERAL/PERSONAL LEAVES OF ABSENCE

12.1        In addition to articles 13 and 14, every teacher shall be entitled to four (4) days personal leave with pay, per year based on the following conditions:

12.1.1    The four personal days can be taken in any order

12.1.2    The first and second days shall be at full salary and be subject to the satisfactory operation of the teacher's school as may be determined by the Superintendent of schools.  These days shall not be used to extend Christmas, Easter or summer holidays.

12.1.3    The third and fourth days shall be at full salary less a deduction in pay in an amount equivalent to the full or half day rate of pay for a substitute teacher as applicable and provided for in clause 5.1.1.

12.1.4    If the third and fourth day of personal leave occur on a professional development / faith day, then the leave shall be subject to the approval of the Superintendent of schools.

12.1.5    The first and second personal leave days shall not be used in conjunction with the third and fourth personal days to extend Christmas, Easter or Summer Holidays.

12.1.6    Notwithstanding the above, if a teacher is required to use personal leave day(s) to extend Christmas, Easter or the summer holidays, the day(s) will result in a deduction of pay in an amount equivalent to the full or half day rate of pay for a substitute teacher as applicable and provided for in clause 5.1.1 providing the teacher has not already used those days.

12.2        If unused, one personal day at full salary may be carried forward to the next school year and must adhere to the stipulations outlined in Clause 12.1. The teacher shall not have more than three (3) personal days at full salary in any one school year.

13.          ASSOCIATION LEAVE AND SECONDMENT

13.1        A teacher shall be granted leave of absence with pay provided the School Jurisdiction is reimbursed by the Association for the actual costs of the substitute, including the School Jurisdiction portion of statutory benefit contributions, to fulfill the duties as an elected or appointed member of the Provincial Executive Council, Discipline and Practice Review Committees, and central and local table negotiating committees.

13.2        Upon written request to the superintendent or designate, the School Jurisdiction may consider additional Association Leave. The written request shall be provided with as much notice as possible and, where possible, not less than five (5) working days in advance of the leave, stating the teacher’s name, and the date(s) and time(s) the teacher will be absent from their professional duties with the School Jurisdiction. The Association will reimburse the School Jurisdiction as per Clause 13.1. Such leaves will not be unreasonably denied.

13.3        Where the Association requests a secondment for a teacher who is elected to Provincial Executive Council, as the President of a local, or other local official already named in the collective agreement the teacher, shall be seconded on a scheduled basis up to a maximum of the teacher’s FTE provided that the amount of FTE the teacher is seconded is mutually agreed to by the School Jurisdiction, the teacher, and the Association and is at no cost to the School Jurisdiction.

13.4        During such secondment, the School Jurisdiction shall maintain the teacher’s regular salary, applicable allowances, and any benefit contributions required by the collective agreement and make the statutory contributions on the teacher’s behalf. The Association shall reimburse the School Jurisdiction for all payments made by the School Jurisdiction to the teacher or on his/her behalf while on secondment under this clause.

14.          OTHER LEAVES

Leave of Absence With Pay

14.1        A teacher is entitled to a temporary leave of absence with pay and such leave is deemed to be an authorized absence approved by the Superintendent pursuant to the School Act where such a teacher is absent:

14.1.1    Compassionate Leave for Critical Illness: For not more than five (5) teaching days because of critical illness of a spouse, child, son-in-law, daughter-in-law and the following relatives of either the teacher or teacher's spouse: grandparent, parent, brother, sister, grandchild, nephew, niece, brother-in-law, sister-in-law. Additional time may also be allowed at the discretion of the Superintendent.

14.1.2    Compassionate Leave for Death: For not more than five teaching days because of death of a spouse, child, son-in-law, daughter-in-law and the following relatives of either the teacher or teacher's spouse: grandparent, parent, brother, sister, grandchild, nephew, niece, brother-in-law, sister-in-law.  If death occurs during leave for critical illness, the critical illness leave ceases upon death and leave for death commences.  Additional time may also be allowed at the discretion of the Superintendent.

14.1.3    To Write an Examination: For not more than one (1) day in order to write an examination in an academic or professional course.

14.1.4    Teacher's Convocation: For the period necessary to attend convocation of a university at which the teacher is receiving a degree, subject to the approval of the School Jurisdiction.

14.1.5    Meetings: To attend meetings of committees, School Jurisdiction or Alberta Learning or meetings of municipal bodies of which he/she is a member, subject to School Jurisdiction approval. The teacher must remit to the School Jurisdiction any remuneration (excluding expenses) paid for meetings held during the school day.

14.2        Paternity Leave: Every teacher shall be entitled to two (2) days leave with pay at the time of the birth of the teacher’s child.

14.2.1    Adoption Leave: Every teacher shall be entitled to five (5) days leave with pay for the adoption of the teacher’s child.

14.3        Jury/Witness Duty: A teacher shall be granted by the School Jurisdiction such time as required for jury duty or for appearance as a subpoenaed third party witness. The teacher will return to the School Jurisdiction such fees as are paid by the court for such appearances.

14.4        Family Medical Leave: Effective date of ratification each teacher is entitled to four (4) days with pay in each school year to care for husband, wife, parents, or dependent children who are ill or require medical or dental treatment.

14.5        To attend any public event of educational value, subject to the approval of the School Jurisdiction. This leave may be with or without a deduction of pay in an amount equivalent to the full or half day rate of pay for a substitute teacher as applicable and provided for in clause 5.1.1 at the discretion of the School Jurisdiction.

14.6        A teacher who is required to leave before the end of the school term or to return after school opening in September because of enrolment in an educational institution for a program of summer study. This leave may be with or without a deduction of pay in an amount equivalent to the full or half day rate of pay for a substitute teacher as applicable and provided for in clause 5.1.1 at the discretion of the School Jurisdiction.

Additional Leaves

14.7        Additional leaves of absence may be granted by the School Jurisdiction with or without pay.

Leave of Absence Without Pay

14.8        In addition to the foregoing, a teacher may apply for a leave of absence without pay for other personal reasons. The School Jurisdiction, in its discretion, may grant a leave of absence for such a period as it deems adequate with the teacher making arrangements to pay 50% of the applicable benefit premiums as per clauses 7.1.1, 7.1.2, 7.1.3, 7.1.4 and 7.1.5, in advance. The portion of the benefits paid by the School Jurisdiction on behalf of the teacher during the leave of absence (50%) must be remitted to the School Jurisdiction if the teacher does not return following the leave as mutually agreed.

15.          CENTRAL GRIEVANCE PROCEDURE

15.1        This procedure applies to differences:

a)            about the interpretation, application, operation or alleged violation of any central item including the question of whether such difference is arbitrable;

b)            about the interpretation, application or alleged violation of both a central item and a non-central item including the question of whether such a difference is arbitrable; and

c)            where the Association asserts that terms are implied or incorporated into the collective agreement including the question of whether such a difference is arbitrable.

15.2        “Central item” means any item which is in italics in this collective agreement.

15.3        A “non-central item” means any item which is not in italics in this collective agreement.

15.4        An “operational” day is an instructional or non-instructional day in the School Jurisdiction calendar on which teachers are scheduled to work.

15.5        If there is a dispute about whether a grievance commenced under this article is properly a grievance on a central item, it shall be processed under this article unless TEBA and the Association mutually agree that the difference, or a portion of the difference, shall be referred to the local grievance procedure in Article 16.

15.6        Either TEBA or the Association may initiate a grievance by serving a written notice of a difference as follows:

a)            In the case of a grievance by the Association, by serving the notice to the Chair of the Board of Directors of TEBA.

b)            In the case of a grievance by TEBA, by serving the notice to the Coordinator of Teacher Welfare of the Association.

15.7        The written notice shall contain the following:

a)            A statement of the facts giving rise to the difference,
b)            The central item or items relevant to the difference,
c)            The central item or items and the non-central item or items, where the difference involves both, and
d)            The remedy requested.

15.8        The written notice must be served on the other party to the difference within 30 operational days of when the grieving party first had knowledge of the facts giving rise to the grievance. For the purposes of this article, the months of July and August shall not be included in the computation of the 30 operational days.

15.9        Representatives of TEBA and the Association shall meet within 15 operational days to discuss the difference or at such later date that is mutually agreeable to the parties. By mutual agreement of TEBA and the Association, representatives of the School Jurisdiction affected by the difference may be invited to participate in the discussion about the difference.

15.10     The difference may be resolved through terms mutually agreed upon by TEBA and the Association. Any resolution is binding on TEBA, the Association, the affected School Jurisdiction, and any affected teacher or teachers.

15.11     If the difference is not resolved, the grieving party may advance the difference to arbitration by notice to the other party within 15 operational days of the meeting.

15.12     (a) Each party shall appoint one member as its representative on the Arbitration Board within 15 operational days of such notice and shall so inform the other party of its appointee. The two members so appointed shall, within 15 operational days of the appointment of the second of them appoint a third person who shall be the Chair. In the event of any failure to appoint or an inability to agree on the person to serve as the Chair, either party may request in writing that the Director of Mediation Services make the necessary appointment.

(b)TEBA and the Association may, by mutual agreement, agree to proceed with an Arbitration Board composed of a single arbitrator rather than a three-person Arbitration Board. In this event TEBA and the Association shall within 15 operational days of the agreement to proceed with a single arbitrator appoint a person to serve as the single arbitrator. In the event of any failure to agree on the person to serve as the single arbitrator, either party may request in writing that the Director of Mediation Services make the necessary appointment.

15.13     The Arbitration Board shall determine its own procedure but shall give full opportunity to TEBA and the Association to present evidence and to be heard.

15.14     The Arbitration Board shall make any order it considers appropriate. Without limiting the generality of the foregoing, an Arbitration Board may order that:

a)            An affected School Jurisdiction rectify any failure to comply with the collective agreement.

b)            An affected School Jurisdiction pay damages to the Association, affected teacher or teachers, or both.

c)            TEBA and the Association take actions considered fair and reasonable by the Arbitration Board.

15.15     The award of the Arbitration Board is binding on:

a)            TEBA and the Association.
b)            Any affected School Jurisdiction.
c)            Teachers covered by the collective agreement who are affected by the award.

15.16     TEBA and the Association shall bear the expense of its respective appointee and the two parties shall bear equally the expense of the Chair.

16.          LOCAL GRIEVANCE PROCEDURE

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

16.1.1    Step "A" - Such difference (hereinafter called "a grievance") shall be submitted in writing to the Secretary Treasurer, the Chairperson of the Teacher Welfare Committee of the teachers of Grande Prairie Roman Catholic Separate School District No. 28 and the Coordinator of Teacher Welfare of the Association. Such written submission shall be made within twenty [20] days from the date of the incident giving rise to the grievance or from the date the grievor first had knowledge of the incident, whichever is later. Such grievance shall set out the nature of the grievance, the articles of this agreement which it is alleged have been violated and the remedy sought. It shall be the responsibility of the respondent of the grievance to arrange a meeting with the grievor and/or his/her representative, within 10 days of receiving notice of the grievance, if a meeting is requested. The respondent shall review the grievance and within 15 days of receipt of the grievance shall render a decision in writing to the grievor, the chairperson of the Teacher Welfare Committee and the Coordinator of Teacher Welfare.

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

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

16.3        If the two members fail to select a chairperson within ten [10] days after the day on which the latter of the two members is appointed, they shall request the Director of Mediation Services to select a chairperson.

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

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

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

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

16.8        Reference to days in this clause shall be exclusive to instructional days.

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

New Letter of Understanding #1 – Trial Program on Time Off for Compression

1.1          This Letter of Understanding is made pursuant to Article 8 of the collective agreement (Conditions of Practice). The parties agree that where teacher instructional time is compressed and where current collective agreements are silent, teachers will receive time off in relation to the additional time worked as provided for in the chart below. Days will be rounded to the nearest 0.25 for this calculation. It is recognized by both parties that flexibility is required to maintain the calendar for the School Jurisdiction but also provide assurance for teachers that increases in the length of instructional days may result in associated time off for teachers.

1.2          For the purpose of this collective agreement and notwithstanding the provisions of the School Act, Teachers’ Convention is counted as a non-instructional day.

1.3          The trial program will take place during the 2017-18 school year and expires on August 31, 2018, notwithstanding that the collective agreement is bridged by operation of law.

New Letter of Understanding # 2 – Me Too Clause/Increase Modifier

1.            For the purposes of this Letter of Understanding only, the following definitions apply:

1.1          “comparator agreement” means the provincial collective agreements listed below for the period commencing April 1, 2017:

•             Government of Alberta and the Alberta Union of Provincial Employees respecting the Locals 1, 2, 3, 4, 5, 6 and 12
•             Alberta Health Services and United Nurses of Alberta
•             Alberta Health Services and the Health Sciences Association of Alberta
•             Alberta Health Services and Alberta Union of Provincial Employees – Auxiliary Nursing
•             Alberta Health Services and Alberta Union of Provincial Employees – General Support Services

1.2          “first year” means with respect to a comparator agreement the period from April 1, 2017 to March 31, 2018.

1.3          “second year” means with respect to a comparator agreement the period from April 1, 2018 to March 31, 2019.

1.4          “general salary increase” means a salary increase percentage applied to all steps of all grids of a comparator agreement.

1.5          For greater certainty, “general salary increase” does not include market supplements or adjustments, grid adjustments, signing bonuses, reclassifications, changes to benefit premium cost sharing, new benefits or any other form of compensation whatsoever other than a common percentage increase applied to all steps of all grids applicable to each bargaining unit. It includes only such general salary increases negotiated, prior to a strike or lockout, and does not include any increases resulting from a voluntary interest arbitration award, a disputes inquiry board recommendation, or a settlement during or following a strike or lockout.

1.6          “Lump sum payment” means a one-time payment, consistent with other one-time payments sometimes referred to as signing bonuses. “Lump sum payment” explicitly does not include the continuation or renewal of lump sum payments currently provided in existing comparator agreements between employers and unions listed in Clause 1.1 of this Letter of Understanding.

2.            If a general salary increase(s) for a comparator agreement in either the first year (September 1, 2016 to August 31, 2017) or second year (September 1, 2017 to August 31, 2018) exceeds 0%, the general salary increase(s) negotiated under that comparator agreement will be applied to the salary grid, administrative allowances and daily substitute teacher rate of pay of the collective agreements with the Association in the first year or the second year respectively, and effective the same date(s) as provided in the affected comparator agreement. If more than one general salary increase is negotiated for comparator agreements, the increases shall not be compounded across multiple comparator agreements, however, the total highest such general salary increase(s) in each year will be applied to the salary grid, administrative allowances and daily substitute teacher rate of pay.

3.            If a new lump sum payment(s) for a comparator agreement in either the first year (September 1, 2016 to August 31, 2017) or second year (September 1, 2017 to August 31, 2018) is negotiated, the newly negotiated lump sum payment(s) negotiated under that comparator agreement will be applied to the collective agreements with the Association in the first year or the second year respectively, and effective the same date(s) as provided in the affected comparator agreement. If more than one newly negotiated lump sum payment is negotiated for comparator agreements, the lump sum payments shall not be compounded across multiple comparator agreements, however, the total highest of such lump sum payment(s) in each year will be applied to the salary grid, administrative allowances and daily substitute teacher rate of pay.

4.            This Letter of Understanding expires on August 31, 2018 and will not be extended beyond that date notwithstanding that the collective agreement is bridged by operation of law. This Letter of Understanding will not apply to a general salary increase or lump sum payment for a comparator agreement negotiated to be effective after August 31, 2018.

New Letter of Understanding #3 – Classroom Improvement Fund (CIF) Grant Program

1.            Each School Jurisdiction will establish a committee to support the CIF grant program. CIF committees will be composed of equal number of School Jurisdiction representatives, appointed by the School Jurisdiction or designate, and teacher representatives, appointed by the Association. Teacher representatives must be employed by the School Jurisdiction. CIF committees will have a minimum of six (6) and maximum of ten (10) equal representatives total. CIF committee may meet as viewed necessary, but shall meet at least once in the 2017-18 school year.

2.            CIF committees will be responsible for reviewing and prioritizing proposals and agreeing to the distribution of the CIF grant funds available for that School Jurisdiction. The committee will be responsible to prioritize proposals based on classroom needs and approve CIF allocation of resources up to the funds available for that School Jurisdiction.

3.            A majority of the CIF committee members must agree in order to advance a proposal for a CIF grant.

4.            The School Jurisdiction must forward agreed-upon CIF proposals to Alberta Education. The decisions of the CIF committee is not subject of a grievance under this collective agreement.

Letter of Understanding # 4 Article 7.2—Health Spending Account (HSA)—Process For Ensuring That All Eligible Teachers Have Access To Full Annual HSA Credits.

The parties recognize and agree on the need for a mechanism to identify and ensure that all eligible teachers have access to the full entitlements and provisions of the Health Spending Account as per article 7.2 of the collective agreement.

Article 7.2 of the collective agreement establishes eligibility for a HSA based on a five month contractual status. Currently the School Jurisdiction contributes 50 percent of the annual amount to the HSA plan administrator, the Alberta School Employee Benefit Plan (ASEBP) on September 30 and January 31 of each school year. Therefore, a mechanism for identifying teachers who become eligible after January 31st as well as eligible teachers who leave the employ of the School Jurisdiction prior to January 31st, is required to ensure these teachers have access to their full annual HSA credits ($) as specified in article 7.2. For teachers who become eligible after January 31st, this requires the establishment of an individual HSA account and subsequent deposit of the full annual entitlement ($) into their account as soon as is feasibly possible. For an eligible teacher whose employment relationship terminates prior to the full amount being deposited (January 31st in the current scenario), payment of any outstanding balance must be made no later than the date of termination of employment in order for the teacher to have full access to the HSA entitlement in the 60 day run off period following termination of employment.

As such the School Jurisdiction agrees to establish an internal tracking mechanism to identify any such teacher. The School Jurisdiction also agrees to provide the name and pertinent contact information of each teacher captured under the terms of this Letter of Understanding to the president of the Local 42 of the Association in a timely fashion as the individuals are identified.