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Holy Spirit Roman Catholic Separate Regional Division No 4 (2005 - 2007) 

This collective agreement is made in duplicate this 20 day of June, AD 2005, pursuant to the School Act and the Labour Relations Code.

 

Between the Holy Spirit Roman Catholic Separate Regional Division No 4, 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 referred to as the "Association," of the second part.

 

Whereas the Association is the bargaining agent for the teachers employed by the Board and

 

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

 

Whereas the parties desire that these matters be set forth in a collective agreement to govern the terms of employment of the said teachers;

 

This agreement will affirm the spiritual, professional and individual dignity of each and every employee.

 

Through this agreement, by providing security for its employees, the Board ensures quality education for the children, the trust given the Board by the community.

 

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

 

Article 1 - Application of the Contract

 

1.1   The collective agreement applies to all employees of the Board who as a condition of their employment must possess a valid teaching certificate issued under the authority of the Department of Education, the Province of Alberta, herein collectively called the teachers except those designated as:

 

1.1.1   Superintendent of Schools

1.1.2   Deputy Superintendent of Schools

1.1.3   Associate Superintendent of Schools

1.1.4   Assistant Superintendent of Schools

1.1.5   Director and those above the level of Director.

 

1.2   The salaries and the terms and conditions of the teachers’ employment with Board are governed by the provisions of this agreement and any statutory provision relating thereto.

 

Article 2 - Effective Term of Agreement

 

2.1   This collective agreement shall, except where otherwise specified take effect on September 1, 2005 and shall remain in full force and effect until August 31, 2007. The two parties may at any time, upon their mutual agreement, negotiate revisions of this agreement. Any such revisions shall become effective from such date as shall be agreed upon by both parties.

 

Either party may give to the other not less than 60 days nor more than 150 days prior to the termination of this agreement, a notice in writing of its intention to commence bargaining.

 

2.2   The parties shall exchange particulars of all amendments sought, either prior to or at the first meeting following such notice to commence bargaining.

 

Article 3 - Salary Schedule

 

3.1   The Board shall pay all of the teachers in its employ the salaries and allowances as herein set forth and computed.

 

3.2   The amount of teacher education of a teacher and 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 Board. One month's salary shall be considered to be 1/12 of the annual salary rate applicable in that month. Tabulated below are the minimum and the maximum salary rates and the experience increments for each year of teacher education.


3.3
   Teachers under contract, except substitute teachers, shall normally be paid by the 25 day of each month.

 

3.4   Salary Schedule

 

3.4.1   Effective September 1, 2005

 

Years of teaching experience

 

Years of University Education

 

One

Two

Three

Four

Five

Six

0

29,942

32,960

37,416

46,136

48,728

51,739

1

31,356

34,651

39,265

48,802

51,401

54,413

2

32,769

36,339

41,115

51,476

54,069

57,079

3/4

34,185

38,027

42,966

54,145

56,740

59,751

5

35,598

39,716

44,816

56,816

59,411

62,420

6

37,014

41,405

46,668

59,487

62,078

65,090

7

38,431

43,094

48,521

62,155

64,752

67,763

8

39,846

44,786

50,372

64,828

67,421

70,430

9

41,262

46,476

52,225

67,499

70,092

73,104

10

42,680

48,163

54,076

70,167

72,761

75,773

11

42,680

48,163

54,076

72,838

75,434

78,441

 

3.4.2   Effective September 1, 2006

 

Years of teaching experience

 

Years of University Education

 

One

Two

Three

Four

Five

Six

0

30,766

33,867

38,445

47,405

50,068

53,162

1

32,219

35,604

40,345

50,144

52,814

55,910

2

33,670

37,338

42,246

52,891

55,556

58,648

3

35,125

39,072

44,148

55,634

58,300

61,394

4/5

36,577

40,808

46,049

58,378

61,045

64,136

6

38,032

42,544

47,951

61,123

63,786

66,880

7

39,487

44,279

49,855

63,864

66,533

69,626

8

40,942

46,017

51,757

66,611

69,276

72,366

9

42,397

47,754

53,661

69,355

72,019

75,114

10

43,854

49,488

55,563

72,097

74,762

77,857

11

43,854

49,489

55,563

74,842

77,508

80,599

 

Article 4 - Evaluation of Teacher Education

 

4.1   The evaluation of teacher education for salary purposes shall be determined by a statement of qualifications issued by the Alberta Teachers' Association Teacher Qualifications Service in accordance with the principles and policies established by the Teacher Salary Qualifications Board pursuant to the memorandum of agreement dated March 23, 1967 between the Department of Education, the Alberta School Trustees' Association and the Alberta Teachers' Association.

 

4.2   Placement on the salary schedule shall be according to the number of years of teacher education on the first day of each school semester or on commencement of employment.

 

4.3   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 semester or from the date of employment. If satisfactory evidence is not submitted within 90 calendar days salary shall be adjusted effective the beginning of the month following submission of satisfactory evidence. This article shall not apply if the teacher submits satisfactory evidence that failure to comply was not the fault of the teacher.

 

4.4   No payment for salary adjustments will be considered beyond the terms of the collective agreement within which the claim is initiated.

 

4.5   An additional amount of $2,200 will be paid to teachers who possess a doctorate degree or multiple master graduate degrees.

 

Article 5 - Recognition of Teaching Experience

 

5.1   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. No teacher shall gain more than one year experience increment in one school year.

 

5.2   For purposes of this section 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. Until such evidence is submitted or if it is not submitted within 90 calendar days after commencement of employment, the Board may evaluate the teaching experience.

 

5.3   A year of teaching experience shall be any one school year during which a teacher, under contract, has taught for not less than one full semester or its equivalent, as defined by the official school year calendar. A teacher employed under contract, who teaches less than one full semester in a school year, may accumulate an experience increment by combining any two consecutive years of service with the Board provided that a minimum of 60 days service per year be rendered.

 

5.3.1   Article 5.3 shall not have retroactive effect for service prior to July 1, 1996.

 

5.4   Notwithstanding section 5.3 above, a part-time teacher who teaches the equivalent of half time or more for two consecutive semesters shall be entitled to a full experience increment immediately upon completion of the second semester.

 

5.5   Substitute teaching shall not, in any event, be used in calculating whether an additional year of teaching experience with the Board has been earned.

 

Article 6 - Additional Allowances

 

6.1   Principals - A teacher designated by the Board to be principal of a school will receive an annual allowance to be calculated using the following formula:

 

6.1.1   A basic allowance of:

Effective September 1, 2005 - $14,000

Effective September 1, 2006 - $15,000

 

6.1.2   In addition to the base allowance in 6.1.1, each principal shall receive a student allowance according to the following formula:

151 to 300 students - 0.0355 per cent of current fourth year maximum per student plus:

301 to 450 students - 0.025 per cent of current fourth year maximum per student plus:

451 students and greater - 0.014 per cent of current fourth year maximum per student.

 

For the purpose of ECS students, each child shall be counted as 0.5 FTE.

 

Student allowance will be based on enrollment as of September 30 of each school year.

 

6.2   Associate Principal - First and only associate principal - 60 per cent of the principal's allowance.

In a school with two associate principals, each shall receive 60 per cent of the principal's allowance.

 

6.3   Consultant - Each consultant, appointed by the Board, shall be paid an additional allowance equal to 13 per cent of the grid salary at maximum in the fourth year of education, based on full-time employment.

 

6.4   Coordinator - Each coordinator, appointed by the Board, shall be paid an additional allowance equal to 15 per cent of the grid salary at maximum in the fourth year of education, based on full-time employment.

 

6.5   Supervisor - Each supervisor, appointed by the Board, shall be paid an additional allowance based on full-time employment.

Effective September 1, 2005 - $14,567

Effective September 1, 2006 - $14,967

 

6.6   Vacation Service - A teacher, who is not in receipt of an administrative or supervisory allowance and who agrees to render service during the summer vacation period, at the written request of the superintendent, shall be paid 1/200 of his/her total annual salary for each day of work.

 

6.7   Teacher Travel - A teacher authorized or assigned by the Board, on a continuous basis, to travel by automobile between two schools in order to perform the regular duties related to their teaching assignment shall be reimbursed at the kilometer rate established for trustees by the Board.

 

Article 7 - Substitute Pay

 

7.1   Substitute teacher means a teacher employed on a day-to-day basis.

 

7.2   The rate of pay for a substitute teacher, including four per cent vacation pay shall be:

Effective September 1, 2005 - $155 per day

Effective September 1, 2006 - $160 per day

 

7.3   In the case of a substitute teacher being employed more than five consecutive days in the same classroom, the rate of pay shall be in accordance with training and experience as set forth in clause 3.3 retroactive to the first consecutive day of employment.

 

Article 8 - Development of Leadership in Catholic Schools

 

8.1   A teacher who has taught in the school system for a minimum of five years may be granted a leave for professional development in education that will enhance our Catholic schools.

 

8.2   Application for leave shall be presented to the superintendent of schools as follows:

(a) For leave to commence first day of fall semester – not later than January 15.

(b) For leave to commence January 1 – not later than May 1.

 

The application for leave must be considered by the Board and the applicant must be notified of the Board's decision within 30 days after the date for receipt of applications.

 

8.3   A teacher returning from professional leave is entitled to a teaching position with the Board. The Board, in its sole discretion, shall when possible, return the teacher to the position held prior to the leave.

 

8.4   A teacher having been granted leave shall spend his/her time in the improvement of his/her professional standing by studying at a recognized learning institution. Application for leave shall be accompanied by a clear statement of the teacher's purpose.

 

8.5   In lieu of regular salary, a teacher while on professional development leave, shall be granted allowance at the rate of 65 per cent of the current annual salary payable under articles 3 and 6 for the applicant’s position, payable at the rate of 1/12 of the leave allowance so determined, for each month of leave, with payments to commence on the last day of the first calendar month of the leave.

 

Where professional development leave is granted for periods of less than a full year, leave allowance shall be at the rate of 65 per cent of a current annual salary payable under articles 3 and 6 for the applicant's position, computed for the number of teaching days of leave in ratio to 200, payable at the rate of 1/12 of the leave allowance so determined, for each month of leave, with payments to commence on the last day of the first calendar month of the leave.

 

8.5.1   The teacher on professional development leave will receive payment under articles 3 and 6 and 8.5.1 for the position of the teacher for the year in which application was made.

 

8.6   A teacher who is granted leave shall agree in writing to serve the Board for a period of not less than one year for each semester taken. Should a teacher resign or retire from service of the Board before completing two year's service following such leave, repayment of leave salary shall be made to the Board on a prorated basis.

 

Article 9 - Professional Development Fund

 

In addition to the type of professional development leave which may be granted under article 8, the Board shall provide an allocation of funds to each school or site to finance the costs of short term professional development activities and related costs such as registration fees, travel, living expenses and cost of substitute teachers. The annual amount per FTE teacher shall be a minimum of $400.

 

These funds shall be available through each school.

 

Each teacher's unexpended allocation shall accumulate to a maximum of:

Effective September 1, 2005 - $3,100

Effective September 1, 2006 - $3,500

 

Should a teacher transfer to another school, that teacher's accumulated unused funds will be transferred to the new site.

 

Article 10 - Leave of Absence

 

A teacher may apply for and receive leave of absence for personal reasons subject to the following conditions:

 

10.1   With Full Pay

 

10.1.1   A maximum of five days for the critical illness of a teacher's father, mother, husband, wife, son or daughter, brother or sister or parents of spouse. A medical statement certifying critical nature of illness will be required if death does not occur.

 

10.1.2   A maximum of five days for the funeral of a teacher's father, mother, husband, wife, son or daughter, brother or sister or parents of spouse.

 

10.1.3   For the critical illness leading to death of a teacher's father, mother, husband, wife, son or daughter, brother or sister or parent of spouse the limits of article 10.1.2 will be added to the days already taken under article 10.1.1.

 

10.1.4   In the event of multiple deaths or multiple critical illness occurring, only the maximum for the above will take place. Each individual death or critical illness other than the same time period will result in separate implementation of each of the articles 10.1.1, 10.1.2, 10.1.3.

 

10.1.5   For the funeral of grandparents, grandchild and in-laws two days leave. If circumstances warrant additional leave, the two days may be extended to a maximum of five days.

 

10.1.6   For the funeral of uncle, aunt, cousin, nephew, niece - one days leave.

 

10.1.7   For acting in any capacity at a funeral - one day.

 

10.1.8   For the purpose of writing university examinations - one day.

 

10.1.9   While participating in own university convocation exercises - one day.

 

10.1.10   While obtaining citizenship papers at a scheduled session of the court - 1/2 day.

 

10.1.11   While serving as a witness as a result of a notice to attend or subpoena, provided that any fee received for acting as a witness be paid over to the Board.

 

10.1.12   Notwithstanding 10.1.11, this clause shall not apply to a teacher charged with any offense or to a teacher bringing action against the Board.

 

10.1.13   For not more than one day to allow a father to be present at the birth of his child.

 

10.1.14   For not more than one day for adoption procedures.

 

10.1.15   For school closure by the Board for reasons of inclement weather, health and safety reasons or physical plant breakdown.

 

10.1.16   For impassable roads.

 

10.1.17   For not more than one day in any school year for some emergency or misfortune demanding the teacher’s attention.

 

10.1.18   The superintendent may, at his discretion, grant leave of absence at full salary.

 

10.2   With Loss of Substitute Pay (Whether Substitute Required or Not)

 

Temporary leave of absence with pay shall be granted to teachers, providing the Board is reimbursed for the cost of a substitute teacher through payroll deduction or payment from other source:

 

10.2.1   For attendance of meetings of committees of the Department of Education.

 

10.2.2   For attendance of meetings or any function at the request of the provincial or Local Alberta Teachers' Association.

 

10.2.3   For attendance at educational conventions in an official capacity; or for the attendance at civic government meetings or conventions in an official capacity.

 

10.2.4   For any other professional reasons that have been approved by the superintendent of schools.

 

10.2.5   For not more than two days in any one school year for some emergency or misfortune demanding the teacher's attention.

 

10.2.6   Personal leave for not more than three days in any school year shall be granted for attending to private concerns providing the Board is reimbursed for the cost of a substitute teacher through payroll deduction. Where possible, at least three days notice shall be given to the principal or in the case of a principal to the superintendent or his office.

 

10.2.7   For the funeral of a friend of the family - one day.

 

10.3   Maternity and Parental Leaves

 

10.3.1   Entitlement to Maternity Leave

a) A teacher who is employed by the Board is entitled to maternity leave without pay as outlined below. During the maternity leave, the teacher, is entitled to continue benefit plan coverage on the same cost-sharing basis as other eligible teachers.

b) A teacher referred to above is entitled to a maternity leave of:

i) a period not exceeding 15 weeks commencing at any time during the period of 12 weeks immediately preceding the estimated date of delivery, and not later than the date of delivery; and

ii) if the actual date of delivery is after the estimated date of delivery, an additional period of time consisting of the time between the estimated date of delivery and the actual date of delivery.

c) Subject to article 10.3.1.3 the maternity leave shall include a period of at least six weeks immediately following the actual date of delivery.

 

10.3.1.2   Notice of Maternity Leave - A teacher shall provide the Board at least six weeks notice in writing of the day in which she intends to commence maternity leave and, if requested by the Board, shall provide a medical certificate certifying that she is pregnant and giving the estimated date of delivery.

 

10.3.1.3   Shortening Maternity Leave - A 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 will not endanger her health.

 

10.3.1.4   No Notice of Maternity Leave - A teacher who fails to comply with article 10.3.1.2 and who is otherwise entitled to maternity leave, is entitled to maternity leave for the period specified in article 10.3.1.1 if within two weeks after she ceases to work she provides the Board with a medical certificate which:

a) indicates that she is not able to work by reason of a medical condition arising from her pregnancy; and

b) gives the estimated date of delivery or the actual date of delivery.

 

10.3.1.5   Selection of Benefits - When the teacher or the teacher's physician determines that the pregnancy of the teacher interferes with the performance of her duties, the teacher shall be eligible for one of the following options:

a) If the date of the absence is prior to 10 weeks before the estimated date of delivery and continues without return to work, the teacher shall be placed on sick leave until such point as the teacher is eligible to apply for extended disability benefits.

b) If the date of absence begins within the 10 week period before the estimated date of delivery, or on the date of delivery, the teacher shall choose either b) i) or ii) below. Such choice shall apply until the teacher returns to work following delivery or until the teacher returns to work from maternity leave.

i) sick leave under article 11 from the date of absence until the date of delivery, followed by maternity leave commencing the date following the date of delivery with access to remaining sick leave under article 11, or

ii) maternity leave commencing the date of absence with access to the Board's Supplemental Unemployment Benefit Plan (SUBP) under clause 10.3.1.6 for a fixed term of 90 consecutive days.

 

10.3.1.6   Supplemental Unemployment Benefit Plan (SUBP)

a) The Board shall implement a SUBP, which shall provide a teacher on maternity leave with 100 per cent of her normal weekly earnings during the health-related portion of the maternity leave.

b) The SUBP 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 employment insurance 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 absence, the teacher may apply for extended disability benefits.

c) For the duration of the SUBP the Board shall continue to pay the employer's portion of the teacher's benefit plan premiums specified in article 16.

 

10.3.2   Parental Leave

a) The Board shall grant parental leave 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) in the case of a parent who is employed by the Board, 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 who is employed by the Board, a period of not more than 37 consecutive weeks within 52 weeks after the child is placed with the adoptive parent.

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

 

10.3.2.1   Notice of Parental Leave

a) a teacher 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.

b) If the teacher cannot comply with the written notice requirement for any of the reasons stated under subsection 10.3.2.1(a), the teacher must give the Board written notice at the earliest possible time of the date that the teacher will start or has started parental leave.

 

10.3.3   Notice of Resumption of Employment

a) A teacher who wishes to resume working on the expiration of a maternity leave or parental leave shall give the Board at least four weeks written notice of the date on which the teacher intends to resume work and, in no event not later than four weeks before the end of the leave period to which the teacher is entitled, or four weeks before the date on which the teacher has specified as the end of the teacher's leave period, whichever is earlier.

b) A teacher returning from maternity leave or parental leave is entitled to a teaching position with the Board. The Board, in its sole discretion, shall when possible, return the teacher to the position held prior to the leave.

 

10.3.4   Negotiating Leave

 

When the parties agree to schedule day time bargaining meetings, the Board shall grant leave of absence with salary and benefits for a maximum of five teachers for the purpose of participating in actual negotiations with the Board.

 

10.3.4.1   The Association shall reimburse the Board an amount equivalent to the salary of a substitute for each participating teacher for the first seven days of negotiating leave and 1/200 of the teacher's salary for each additional day of such leave.

 

10.3.5   General Leave

Teachers shall be granted leave of absence without pay and allowances and without the Board's share of group insurance premiums for a period to be determined by the teacher and the superintendent.

 

10.3.5.1   During this leave each teacher shall be eligible to maintain benefit insurance coverage provided the teacher pays 100 per cent of the premiums.

 

10.3.5.2   Leave granted under 10.3.5 shall not be considered teaching experience for the purpose of granting salary increments.

 

Article 11 - Sick Leave

 

11.1   Annual sick leave with pay will be granted to a teacher for the purpose of obtaining necessary medical or dental treatment or because of accident, sickness and/or disability.

 

11.1.1   In the first year of service with the Board – 90 calendar days.

 

11.1.2   After one year of service with the Board – 90 calendar days.

 

11.2   After 90 calendar days of continuous absence due to medical disability, no further salary shall be paid and the Alberta School Employee Benefit Plan D shall take effect.

 

11.3   A teacher who has been absent due to medical disability shall, upon return to full-time duty, be entitled to an additional sick leave benefit in the current year of 90 calendar days.

 

11.3.1   Notwithstanding clause 11.3, if, after a period of disability, a teacher returns to work and:

i) within six months must cease working because of the same disabling condition, or

ii) within one month must cease working because of a different disabling condition,

any successive periods of disability will be considered a reoccurrence of the previous disability.

 

11.3.2   a) The teacher shall make every reasonable effort to complete the application for extended disability benefits in an expeditious manner.

b) Until ASEBP makes a determination regarding the application, the teacher shall be paid under the provisions of article 11.3.

c) In the event that the teacher's application is accepted by ASEBP, the teacher shall repay forthwith all monies paid to the teacher by the Board for the period approved for coverage by ASEBP.

 

11.4   Before any payment is made under the foregoing regulations, the teacher shall provide:

 

11.4.1   A declaration, on a form to be provided by the Board, where the absence is for a period of three days or less.

 

11.4.2   A certificate signed by a qualified medical or dental practitioner where the absence is for a period of over three days.

 

11.4.3   The Board may require a teacher to undergo a medical examination by a physician or dental practitioner named by the Board.

 

11.5   When a teacher leaves the employ of the Board, all sick leave shall be cancelled.

 

11.6   Newly appointed teachers may be required to present a medical certificate of good health.

 

Article 12 - Employee Benefit Plans

 

12.1   Alberta School Employee Benefit Plan - All teachers shall be covered under the provision of the ASEBP Life Insurance Plan II and Extended Disability Benefit Plan D with the employer paying 90 per cent of the premium, effective September 1, 2005, and 95 per cent of the premium, effective September 1, 2006.

 

12.2   Alberta Health Care Insurance - The Board's contribution to the Alberta Health Care Insurance covering teachers employed by the Board shall be at the rate of 90 per cent of the total premium effective September 1, 2005, and 95 per cent of the total premium, effective September 1, 2006.

 

12.3   ASEBP Extended Health Care Plan I - The Board's contribution to the ASEBP Extended Health Care Plan I covering teachers employed by the Board shall be at the rate of 90 per cent of the total premium effective September 1, 2005, and 95 per cent of the total premium effective September 1, 2006..

 

12.4   ASEBP Dental Care Plan 3 - The Board's contribution to the ASEBP Dental Care Plan 3 covering teachers employed by the board shall be at the rate of 90 per cent of the total premium effective September 1, 2005, and 95 per cent of the total premium effective September 1, 2006.

 

12.5   ASEBP Vision Care Plan 3 - The Board’s contribution to the ASEBP Vision Care Plan 3 covering teachers employed by the Board shall be at the rate of 90 per cent of the total premium effective September 1, 2005, and 95 per cent of the total premium effective September 1, 2006.

 

12.6   Employment Insurance Rebates - In consideration of the improvements to the employee benefit plan and sick leave benefits, the employees covered by this contract waive any claims on rebates under the provisions of the Employment Insurance Act.

 

12.7   The Board upon the death of a teacher shall immediately pay an additional 1/12 of the annual salary less tax deductions to the beneficiary as designated for this article.

 

12.8   The Board will implement a Health Spending Account in the amount of $350 per teacher effective September 1, 2006.

 

Article 13 - Grievance Procedure

 

13.1   Any difference between any employee covered by this agreement and the Board or in a proper case between the Local of the Alberta Teachers' Association and the Board concerning the interpretation, application, operation or alleged violation of this agreement and further including any dispute as to whether the difference is arbitrable, shall be dealt with as herein provided, without stoppage of work or refusal to perform work.

 

13.2   Such differences (hereafter called "grievance") shall first be submitted in writing to the secretary-treasurer of the Board and to the president of the Local ATA, as the case may be. Such written submission shall be made within 15 teaching days from the date of the incident giving rise to the grievance or from the date the griever 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.

 

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

 

13.4   If the grievance committee does not reach a unanimous or any decision within the said time then either party may by written notice served on the other party require the establishment of an arbitration board as hereinafter provided. Such notice must be given within 10 teaching days after the date of the aforesaid 21 teaching day limit expires or the date the grievance committee renders other than a unanimous decision, whichever is shorter.

 

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

 

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

 

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

 

13.8   The findings and decision of a majority is the award of the arbitration board and is final and binding upon the parties and upon any employee affected by it. If there is not a majority, the decision of the chairperson governs and it shall be deemed to be the award of the board.

 

13.9   The arbitration board shall give its decision not later than 14 teaching days after the appointment of the chairperson provided, however, that this time period may be extended by written consent of the parties. Each party to the grievance shall bear the expense of its respective appointee and the two parties shall bear equally the expense of the chairperson.

 

13.10   In the event, at any stage, of the aforesaid procedure (except in respect of appointing persons to the board) the grieving party fails to take the necessary action within the time limit specified, the grievance shall be deemed to be at an end.

 

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

 

Article 14 - Communications Between the Parties

 

The parties hereto recognize that there are in existence at the present time committees for the purpose of communicating the views of teachers on matters of school affairs to the Board. It is the intention of the parties hereto that the current practices in this regard shall continue during the currency of this agreement.

 

Article 15 - General Clauses

 

15.1   When the Board creates any new classification not specified in this agreement to which a teacher will be designated, the allowance, if any, for the new classification shall be negotiated.

 

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

 

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

 

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

 

15.5   The Board shall not require a teacher to transfer to a school in a town or city with boundaries that are further than 50 kilometres from the boundaries of the town or city of the teacher's present school assignment.

 

Article 16 - Deferred Salary Leave Plan

 

The Board shall implement a deferred salary leave plan which complies with Revenue Canada regulations. Participation in the plan shall be at the discretion of the Board.

A teacher's benefits will be maintained by the Board during the teacher's leave of absence, provided the teacher requests such in writing three months prior to the date of leave. The teacher shall pay to the Board the full cost of any benefit premiums paid on the teacher's behalf.