Medicine Hat Catholic Separate Regional Division No 20 (2012 - 2016)

THIS AGREEMENT MADE this first day of June, 2015, A.D., pursuant to The School Act (RSA) and the Labor Relations Code (RSA).

Between

THE BOARD OF TRUSTEES FOR THE MEDICINE HAT CATHOLIC BOARD OF EDUCATION

(hereinafter called "the Employer")

of the first part

AND

The Alberta Teachers’ Association

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

(hereinafter called “the ATA”)

of the second part

THE PARTIES AGREE:

1.   RECOGNITION

1.1   This Agreement shall apply to all certificated teachers employed by the Employer, excluding;

(a) Superintendent

(b) Deputy Superintendent

(c) Associate Superintendent

(d) Directors and above.

2.   TERM OF AGREEMENT

2.1   The collective agreement will remain in full force and effect until August 31, 2016, and from year to year thereafter, unless either party to this agreement is given notice in writing by the other party, not more than 120 calendar days or less than 60 calendar days prior to the expiry date in any subsequent year. Both parties are to exchange particulars of all amendments sought simultaneously within 30 days of notice having been provided, or at such other time as mutually agreed to.

3.  SALARY SCHEDULE

3.1   The Employer must pay all teachers in its employ in accordance with the agreement.

3.2   For the school years 2014/2015 to 2015/2016, salary grid adjustments will be as follows:

(a) Effective September 1, 2014, increase salary grids, in effect August 31, 2014, by 0.05%.

(b) Effective September 1, 2015, increase salary grids, in effect August 31, 2015, by 2%.

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

The annual teaching salary is determined by teacher education and teaching experience. One month’s salary is 1/12 of the annual salary payable.

Tabulated below are the minimum and maximum salary rates and the experience increments for each year of teacher education.

3.3   Salary Schedule

Effective September 1, 2012

 

 

 

 

STEP

CAT 4

CAT 5

CAT 6

 

0

60,217

63,820

67,151

 

1

63,754

67,356

70,685

 

2

67,287

70,890

74,221

 

3

70,821

74,423

77,755

 

4

74,357

77,960

81,288

 

5

77,890

81,493

84,825

 

6

81,425

85,028

88,357

 

7/8

84,960

88,562

91,892

 

9

88,493

92,095

95,425

 

10

92,029

95,629

98,961

 

Effective September 1, 2013

 

 

 

 

STEP

CAT 4

CAT 5

CAT 6

 

0

60,217

63,820

67,151

 

1

63,754

67,356

70,685

 

2

67,287

70,890

74,221

 

3

70,821

74,423

77,755

 

4

74,357

77,960

81,288

 

5

77,890

81,493

84,825

 

6

81,425

85,028

88,357

 

7

84,960

88,562

91,892

 

8/9

88,493

92,095

95,425

 

10

92,029

95,629

98,961

 

Effective September 1, 2014

 

 

 

 

STEP

CAT 4

CAT 5

CAT 6

 

0

60,247

63,852

67,185

 

1

63,786

67,390

70,720

 

2

67,321

70,925

74,258

 

3

70,856

74,460

77,794

 

4

74,394

77,999

81,329

 

5

77,929

81,534

84,867

 

6

81,466

85,071

88,401

 

7

85,002

88,606

91,938

 

8

88,537

92,141

95,473

 

9/10

92,075

95,677

99,010

 

Effective September 1, 2015

 

 

 

 

STEP

CAT 4

CAT 5

CAT 6

 

0

61,452

65,129

68,529

 

1

65,062

68,738

72,134

 

2

68,667

72,344

75,743

 

3

72,272

75,949

79,350

 

4

75,882

79,559

82,956

 

5

79,488

83,165

86,564

 

6

83,095

86,772

90,169

 

7

86,702

90,378

93,777

 

8

90,308

93,984

97,382

 

9

93,917

97,591

100,990

 

Effective September 1, 2012, Step 7 will become a combined step re-named Step 7/8.

Effective September 1, 2013, Step 8 will become a combined step re-named Step 8/9.

Effective September 1, 2014, Step 9 will become a combined step re-named Step 9/10.

A teacher shall only spend one year at any step providing they meet the requirements of Article 5.

3.4   Banking

Teachers under contract shall be paid by the last banking Friday of the month with the exception of December and June when teachers will be paid on the last teaching Friday.

3.5   C.S.B.

Deductions for purchase of Canada Savings Bonds shall be made monthly by the Employer if requested.

3.6   Any days in the last week of August forming part of the new school year shall be deemed to be days taught in September and be subject to all terms of the collective agreement in force in the month of September of the new school year.

4.   EVALUATION OF TEACHER EDUCATION

4.1   The evaluation of teacher education for salary purposes shall be determined by a statement of qualification issued by the Alberta Teachers’ Association Teacher Qualifications Service in accordance with the principles and policies established by the Teacher Salary Qualifications Board.

4.2   The adjustment dates for changes for teacher education shall be the commencement of the School year and February 1.

4.3   Each teacher claiming additional teacher education or commencing employment shall supply to the Employer:

(a) within 45 days of commencement of the school year,

(b) within 45 days of February 1,

(c) within 45 days of commencement of duties,

whichever applies, a statement of qualifications issued by the Teacher Qualifications Service of  the Association. Until the teacher submits the statement, the teacher shall be paid according to the most recent acceptable statement of qualifications or according to the minimum education requirements for that teachers’ certificate.

4.4   If proof of application for a statement of qualifications is supplied within 45 days, upon receipt of the TQS statement, the salary adjustment shall be retroactive to:

(a) commencement of the school year,

(b) February 1,

(c) commencement of employment,

whichever applies, otherwise the salary shall be adjusted effective the beginning of the month following receipt by the Employer of a statement of qualifications.

5.   RECOGNITION OF TEACHING EXPERIENCE

5.1   Each year of teaching experience entitles a teacher to one step on the salary grid.

5.2   Entitlement to experience increments shall be subject to submission of satisfactory evidence of the experience claimed. Such teaching experience includes teaching in schools under the jurisdiction of a provincial, state or national department of education. Until such evidence is submitted, the Employer will evaluate the teaching experience. If submitted within 90 calendar days, a salary adjustment will be made retroactive to commencement of employment, otherwise the salary will be adjusted effective the beginning of the month following receipt of satisfactory evidence of the experience claimed. Effective September 1, 2014 and without retroactive application, teacher experience previously recognized by an Alberta school jurisdiction will be recognized and not re-evaluated.

5.3   A year of teaching experience shall be any one school year during which a teacher, including a substitute teacher, has taught for not less than 126 school days.

5.4   A teacher under contract who teaches less than 126 school days with the Employer in a school year may accumulate experience increments by combining teaching days, including substitute teaching days, with the Employer to a total of 126 days within a period of 3 consecutive years providing that a minimum of 42 days service with the Employer per year be rendered.

5.5   An increment shall be effective on September 1 or February 1, immediately following the attainment of the necessary teaching days.

6.   ADMINISTRATION ALLOWANCES

6.1   Principals

The principal’s allowance is to be adjusted on the same dates and by the same percentage increases as are applied to the salary grid.

(a) Effective September 1, 2012, the principal’s basic allowance shall be $16,313.00 per annum with an additional per student allowance (for each pupil over 200) of $19.04 per annum.  

(b) Effective September 1, 2015, the principal’s basic allowance shall be $17,129.00 per annum with an additional per student allowance (for each pupil over 200) of $25.00 per annum.

The pupil count is as at September 30 of the current year.

6.2   Vice-Principals

First or only vice principal - 60 % of the principal’s allowance.

6.3   Second Vice Principal

50 % of the principal’s allowance.

6.4   Coordinator

On the basis of a principal’s allowance for a school with 300 pupils.

6.5   Consultants

On the basis of 60 percent of the principal’s allowance for a school with 300 pupils.

6.6   Department Heads

On the basis of 50 % of the principal’s allowance for a school with 150 pupils.

6.7   Where the Employer initiates the transfer of a school-based administrator, that person’s salary will be “red-circled” for three years. The administrator will receive the higher of:

(a) their current salary frozen at the June 30 rate; or

(b) the salary appropriate to their position in their designated school.

After 3 years the person’s salary will be governed by the provisions of Article 6.1 – 6.7.

6.8   Allowance for Vocational Experience

Upon engagement an initial trades allowance shall be granted at the request of the employee. For the purpose of this section and before an allowance is paid, the teacher shall be required to submit a certified statement(s) from the previous employer(s).

If the required statement(s) or proof of application for the same is supplied within 45 days of commencement of employment, payment shall be retroactive to the commencement of employment; if not, the salary shall be adjusted effective the beginning of the month following submission of the statement(s).

The amount of the allowance shall be determined by a committee consisting of one representative of the school board, the Superintendent of Schools, and two representatives of the ATA. The amount of the allowance must be agreed upon by the unanimous agreement of the committee members.

Credit will be given only for business experience obtained after graduation from a senior high, business college, junior college, or equivalent institution offering business education.

7.   SUBSTITUTE PAY

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

(a) Effective September 1, 2012, the rate of pay for substitute teachers shall be $202.59 per day (which includes 4% vacation pay).

(b) Effective September 1, 2015, the rate of pay for substitute teachers shall be $206.64 per day (which includes 4% vacation pay).

7.2   If a substitute teacher is employed more than 10 consecutive days in the same classroom, commencing on the 11th day, the rate of pay shall be in accordance with Article 3. If that teacher continues in the same classroom for more than 19 consecutive days, the rate of pay shall be in accordance with Article 3 retroactive to the first consecutive day of employment.

7.3   If a substitute teacher is employed for a half day, a ‘half day’ shall mean any portion of the operational time from the commencement of instruction until the lunch break or from the commencement of instruction after the lunch break until the cessation of instruction in the afternoon.

8.   INDUSTRIAL ARTS TEACHERS

8.1   An industrial arts teacher is one who is employed to teach industrial arts courses at the junior and senior high levels.

8.2   Training: The professional training of industrial arts teachers shall be evaluated as follows:

8.2.1   Teacher education according to Article (4) of this agreement.

8.2.2   A certificate of proficiency in a designated trade (Journeyman’s Certificate recognized by the Alberta Apprenticeship Board)

or,

Successful completion of a 2 year course at a school of technology shall be regarded equivalent to one year of teacher education for salary purposes.

8.2.3   Technical or business education training not covered by the preceding clauses 8.2.1 and 8.2.2, may be evaluated by a committee consisting of the Employer, a representative of the ATA and the Superintendent of Schools. Any decision of this committee must be unanimous. The evaluation cannot exceed one year of teacher education beyond the university training evaluated under Article (4).

8.2.4   Clauses 8.2.2 and 8.2.3 do not apply when trade or business education training has been given credit toward a Bachelor of Education Degree.

8.2.5   In the event of a teacher whose salary is governed by this clause, having a second set of journeyman’s papers, and which are being used for vocational instructional purposes, the teacher shall receive an additional allowance of $300.00.

8.2.6   The initial placement allowance shall remain constant throughout the period of employment.

9.   PROFESSIONAL IMPROVEMENT

9.1   The Employer shall establish a professional development account for each teacher under contract as of September 30th.

9.2   The Employer will contribute to each teacher’s account $500.00 per annum for each full-time equivalent teacher. Part-time teachers shall have an allocation of $500.00 prorated to their proportion of time under contract.

9.3   Teachers may accumulate money in their account for a period of 5 years to a total of five times the amount specified above.

9.4   If a teacher leaves the employ of the Employer, any unused allocation shall revert to the Division.

10.   PROFESSIONAL DEVELOPMENT LEAVE

10.1   A teacher who has taught in the school system for a minimum of 5 years may be granted a leave for professional development.

10.2   Application for leave, accompanied by a clear statement of the teacher’s purpose shall be presented to the Superintendent of Schools as follows:

(a) For leave to commence September 1 – not later than January 15th

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

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

10.3   A teacher who is granted leave shall, upon return, be given a position upon his/her return and experience increment will be allowed.

10.4   A teacher having been granted leave shall study at a recognized learning institution.

10.5   In lieu of regular salary, a teacher while on professional development leave, shall be granted allowance at the rate of 65 % of annual salary and benefits for the year for which leave is granted, payable at the rate of one-twelfth of the leave allowance so determined, for each month of leave, with payment to commence on the last day of the first calendar month of the leave.

10.6   A teacher who is granted leave shall agree in writing to serve the Employer for a period of not less than one year for each semester taken.

11.   LEAVE OF ABSENCE

11.1   Compassionate Leave – With Full Pay Will Be Granted

11.1.1   For the critical illness or death of father, mother, spouse, child, brother, sister, siblings of spouse (effective September 1, 2015) or parents of spouse- not more than 5 days. Not more than 3 days for funeral of any of the above, if held in the city, and not more than 5 days if funeral is held outside of the city. For combined critical illness and death, not more than 8 days in the city and ten days outside of the city. A medical statement will be required if death does not occur.

11.1.2   For attendance at the funeral of teacher’s grandparent, grandchild or brother or sister of spouse – 2 day’s leave. If circumstances warrant additional leave, the 2 days may be extended to a maximum of 5 days.

11.1.3   For attendance at the funeral of teacher’s uncle, aunt, first cousin, nephew, niece, spouse of brother/sister-in-law, spouse’s grandparent, uncle or aunt of spouse, nephew/niece of spouse - 1 day’s leave.

11.1.4   For acting as pall bearer – 1/2 day.

Effective September 1, 2015 increase to 1 day.

11.1.5   Effective September 1, 2015, the Superintendent of Schools may approve additional compassionate leave.

11.2   Other Leaves – With Full Pay

11.2.1   For the purpose of writing university examinations  -  1 day.

11.2.2   While participating in university convocation exercises  -  1 day.

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

11.2.4   While serving as a witness or juror as a result of a notice to attend or subpoena, provided that any fee received for acting as a witness or juror be paid over to the Employer. An employee is not able to receive benefit under this clause if the matter of the notice to attend or subpoena results from employment with agencies other than the Employer.

11.2.5   For a husband during the confinement of spouse for maternity reasons – 1 day or 2 half days.

Effective September 1, 2015, entitlement will increase to 2 days.

11.2.6   For the adoption of a child – 1 day.

11.2.7   For not more than 1 day to attend child or spouse requiring treatment not available in Medicine Hat.

11.2.8   Effective September 1, 2014, provide 1 paid personal leave day per year, accumulating to 5 days. Subject to availability of a substitute, such requests for leave shall be approved by the Superintendent or designate.

11.2.9   Effective September 1, 2014, when the Superintendent of Schools requires, in writing, a teacher to provide service on a day not in a normal school year, that teacher will receive 1 ‘day in lieu’ for each such day. Such days worked will not exceed 5 days for any one school year. If a substitute teacher is required for instruction, the cost will be covered by the Employer.

11.3   Leave of Absence With Loss of Substitute Pay

Temporary leave of absence with pay shall be granted to teachers providing the Employer is reimbursed for the cost of a substitute teacher, whether required or not.

11.3.1   For attendance at meetings of committees of Alberta Education.

11.3.2   For attendance at meetings or any function at the request of the provincial or local ATA.

11.3.3   For attendance at education conventions in an official capacity.

11.3.4   For attendance at civic government meetings and conventions in an official capacity.

11.3.5   For any other professional reasons that have been approved by the Superintendent of Schools.

11.4   Temporary leave of absence with pay of up to a maximum of 6 days in a school year shall be granted to teachers, providing the Employer is reimbursed for the cost of a substitute teacher.

11.4.1   For not more than 2 days in any one school year for an illness of a non-critical nature in the teacher’s household.

11.4.2   For not more than two days in any one school year for personal reasons, provided that the request be approved by the principal and that the function of the school not be disrupted. Personal leave attached to long weekends or vacation periods must have prior approval of the principal.

Effective January 21, 2014, for not more than 2 days in any one school year for personal reasons. Subject to availability of a substitute, such requests for leave shall be approved by the Superintendent or designate.

11.4.3   Because of road closure or the suspension of public transportation or other similar cause.

11.4.4   For the funeral of a friend of the family – 1 day.

11.4.5   While representing a service club or political party, in an official capacity as president, at conventions up to 5 days.

11.4.6   For attending post secondary convocation exercises for spouse or children but not participating – 1 day.

11.5   Maternity Leave

11.5.1   Teachers are entitled to maternity leave for a period of up to 52 weeks commencing on a date of her choosing but no later than the birth of the baby. Maternity leave shall be without pay or board contribution to benefit premiums or Health Spending Account except in 11.5.3 below.

11.5.2   Where possible, at least 6 weeks prior to the commencement of the leave, written notice of intent to take such leave will be forwarded to the Superintendent or designate along with a certificate stating the anticipated date of delivery.

11.5.3   The Employer shall implement a Supplementary Unemployment Benefits plan (hereinafter referred to as “The Plan”) that will cover all female employees eligible for sick leave benefits. The Employer agrees to pay, during the health-related portion of maternity leave after the birth of a child, a supplementary unemployment benefit which shall provide employees on maternity leave with an amount so that the total amount received by the employee from Employment Insurance plus the payment received by the Employer does not exceed 95% of the employee’s normal gross earnings.

The Plan shall only be payable for days on which the employee would have worked had she not been absent on maternity leave. The Plan will be paid for the duration of absence from duties for a health reason relating to pregnancy during maternity leave up to a maximum of 90 consecutive calendar days or the accumulated sick days earned by the employee; whichever is less. The Plan is only payable where an employee is in receipt of EI benefits or when the claimant for EI benefits is serving the two week EI waiting period.

To access The Plan, the employee must:

(a) Prove that they have applied for and are in receipt of EI benefits, with an identification of the weekly earnings from EI, and

(b) Provide a medical certificate from the employee’s attending medical practitioner specifying the health related period (ie, the period of time the employee is not physically capable of performing employment duties in relation to their pregnancy) of the employee’s maternity leave.

11.5.4   The Employer shall pay the portion of the teacher’s benefit plan premiums or Health Spending Account as specified in Article 13.1, 13.2 and 13.4 of the collective agreement for the health related portion of the maternity leave.

11.5.5   At least 4 weeks prior to the date on which the teacher intends to return to work written notice must be forwarded to the Superintendent or designate.

11.5.6   Following the leave a teacher shall be returned to the position held at the commencement of the leave or to a mutually agreed upon position. Failing mutual agreement the Employer shall assign the teacher to a position similar to that held at the commencement of the leave.

11.5.7   For the purpose of this leave, medical certification of proof of pregnancy, birth and requirement for sick leave may be provided by a doctor or a midwife.

11.6   Parental Leave

11.6.1   Upon request, the board shall grant parental leave for a period of up to 37 weeks. The leave shall be without pay or Employer contribution to benefit premiums or Health Spending Account as specified in article 13.1, 13.2 and 13.4 of the collective agreement. The parental leave must be completed within 52 weeks of the birth of the child.

11.6.2   Whenever possible, written notice of intent to take such leave must be forwarded to the superintendent or designate at least 6 weeks prior to commencement of the leave.

11.6.3   In the case of adoption, if 6 weeks’ notice is not possible, the teacher shall provide as much notice as possible prior to the placement of the child.

11.6.4   Written notice of intent to return to work shall be provided to the Superintendent or designate at least 4 weeks prior to the date on which the teacher intends to return to work.

11.6.5   Following the leave, a teacher shall return to the position occupied at the commencement of the leave or a mutually agreed position. Failing mutual agreement the Employer shall assign the teacher to a position similar to that held at the commencement of the leave.

12.   SICK LEAVE

12.1   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, or disability, in accordance with the following schedule:

12.1.1   In the first year of service with the Employer, in accordance with the provisions of the School Act. After one year service – 90 calendar days.

After each subsequent absence in the same school year, the 90 calendar days shall not be reinstated until the teacher has been actively at work for 10 consecutive days unless the absence is a result of a new medical condition confirmed by a medical doctor.

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

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

Less than one year of service – nil

After one year of service – 90 calendar days

12.1.4   The credit of a teacher on leave of absence will not be altered because of absence from work for a period not exceeding 1 year.

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

12.2.1   When a teacher is absent for a period of 3 days or less, the teacher will report as soon as feasibly possible using the Employee Self Service (ESS) system, or alternate system as implemented by the Employer.

12.2.2   A certificate signed by an attending medical or dental practitioner where the absence is for a period of over 3 days.

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

13.   EMPLOYEE BENEFIT PLANS

13.1   All teachers shall be covered under the provisions of the Alberta School Employee Benefit Plan, with the Employer paying 100% of the premium.

13.1.1   Life Insurance: Plan 2

13.1.2   Accidental Death and Dismemberment (A.D. & D.): Plan 2

13.1.3   Extended Disability: Plan D

13.1.4   Extended Health Care: Plan 1

13.1.5   Dental Care: Plan 111

13.2   The Employer’s contribution to the Alberta Health Care Insurance shall be at the rate of 100% of each enrolled employee’s premium.

13.3   It is agreed that the E.I. rebate is being shared according to Section 64(4) of The Employment Insurance Act by the benefits contained in this Agreement.

13.4   The Employer will establish for each eligible teacher a Health Care Spending Account that adheres to Canada Customs and Revenue Agency requirements. The Employer will contribute $70.84 per month for each FTE teacher. This amount shall be pro-rated for teachers employed less than full-time with the Employer. The unused balance will be carried forward for a total accumulation of two years. The teachers leaving the employ of the Employer will forfeit any remaining balance. In this article “eligible teacher” means any teacher on a continuing, probationary, interim or temporary contract.

14.   EARLY RETIREMENT INCENTIVE PLAN

14.1   Eligibility

To be eligible to participate in the Early Retirement Incentive Plan a teacher shall:

(a) have reached the age of 50 years;

(b) have a minimum of ten years of continuous service with Medicine Hat Catholic Board of Education;

(c) be at the maximum step in his/her category of the salary grid;

(d) intend to retire at the end of a school year;

(e) for the purpose of determining eligibility, the age of the applicant shall be as at June 30.

14.2   Employer Discretion

(a) The application for Early Retirement Incentive Plan benefits shall be filed no later than April 1.

(b) The Employer will consider each application on its own merits and will inform each applicant in writing of the acceptance or rejection of the request by May 1.

(c) The Employer maintains absolute discretion, without appeal, regarding the acceptance or rejection of any individual application.

(d) Notwithstanding the above, the Employer reserves the right to allow any teacher to participate in the plan regardless of failure of the teacher to meet eligibility requirements.

14.3   Schedule of Early Retirement Payments

(a) The early retirement incentive shall consist of cash payments to the teacher according to the schedule below:

Age of teacher at retirement:

Amount of payment:

54 years or less

$35,000

55 years

$25,000

56 years or more

$20,000


Note: Notwithstanding the above, the early retirement incentive shall be paid in two installments consisting of 33% of the amount on September 30 with the balance to be paid on January 31 following.

14.4   Employee Benefits

The Employer will facilitate enrolment of an employee accepted for the Early Retirement Incentive Plan into the Alberta School Employee Benefit Plan Retirement Package from the date of his/her retirement until his/her 65th birthday. The employee shall be responsible to pay all costs of such benefits.

Acceptance or waiver of this opportunity shall be recorded on the application for participation in the Early Retirement Incentive Plan, and the opportunity once waived, cannot later be accepted.

14.5   Purpose and Intent of the Early Retirement Incentive Plan

This Early Retirement Incentive Plan has been implemented to meet a temporary situation related to restrictive economic conditions, a stable student and teaching population and an aging teaching force. It is designed to offer teachers the opportunity to retire with dignity and without serious economic consequences earlier than would otherwise be possible. It is also designed to offer additional opportunities for employment to beginning or relatively new teachers.  

The Early Retirement Incentive Plan will for the most part be financed by the differential in salary costs between retiring teachers and beginning teachers.

These factors will be taken into consideration by the Employer each year when considering the Early Retirement Incentive Plan.

14.6   Application Procedure

A teacher shall make written application to the Superintendent prior to April 1. The resignation of the teacher, contingent on approval of the Early Retirement Incentive Plan application shall be submitted as part of the application for participation in the Early Retirement Incentive Plan.

15.   INVOLUNTARY TRANSFER

Unless the teacher agrees, a teacher cannot be transferred to a school, which is more than 50 km away from their present school.

16.   GRIEVANCE PROCEDURE

16.1   Any difference between an employee covered by this Agreement and the Employer, or between the local of the ATA and the Employer concerning the interpretation, application, operation or alleged violation of this Agreement, and whether the difference is arbitral, must be dealt with as follows, without stoppage of work or refusal to perform work.

16.2   The difference (the grievance) must be submitted in writing to the Secretary–Treasurer of the Employer and to the Secretary of the local ATA. The written submission shall be delivered within 15 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. The submission must explain the grievance, and the article of this Agreement, which is alleged to have been violated.

16.3   If the grievance is not settled within 15 days after the date of submission of the grievance, then on or before a further 5 days have elapsed from the expiration of the 15 day time period the grievance must be referred in writing to the grievance committee. The grievance committee must be composed of two representatives of the Employer and two representatives of the local ATA. A quorum of this committee must consist of all members. The grievance committee must meet and give its decision in respect to the grievance within 21 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.

16.4   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. Such notice must be given within 10 days after the date of the expiry of the 21 day limit.

16.5   Each party shall appoint one member as its representative on the arbitration board within 7 days of such notice and must inform the other party of its appointee. The two members appointed must, within 5 days of the appointment of the second of them, appoint a third person who shall be the chairman. In the event of any failure to appoint a chairman either party may request the Director of Mediation Services to make the necessary appointment.

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

16.7   The arbitration board must 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 must 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.

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

16.9   The arbitration board shall give its decision no later than 14 days after the appointment of the chairman, however, 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 chairman.

16.10   The time limits referred to in the grievance procedure shall be exclusive of Saturdays, Sundays, statutory holidays and vacation periods.

16.11   If, at any stage of the 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.

16.12   Any of the time limits in the grievance procedure may be extended at any stage upon the written consent of the parties.

17.   COMMUNICATIONS BETWEEN THE PARTIES

17.1   The Teacher Board Advisory Committee exists as the primary vehicle for communicating the views of teachers on matters of school affairs with the Employer. The existence of this committee does not prevent the parties creating or maintaining other committees for specific purposes.

18.   SUBROGATION

18.1 (a) Cost of absence means the total remuneration paid by the Employer during a period when the teacher was absent from work.

(b) Interest means interest calculated in accordance with the provision of the Alberta Judgment Interest Act S.A. 1984, c.J-0.5 and amendments and regulations thereto.

(c) Judgment or settlement means an order of a court of competent jurisdiction or an agreement whereby the teacher agrees to accept any sum of money representing past or future loss or remuneration, either by lump sum, periodic payments(s), or through the purchase of an annuity, or any of them.

(d) Remuneration means the salary, allowances, benefit premiums and other monies paid to or in respect of the teacher by the Employer.

(e) Teacher means a teacher in respect of whom the Employer has incurred a cost of absence and includes the teacher’s personal representative, trustee, guardian or the estate of the deceased teacher.

18.2   In the event that the Employer incurs a cost of absence as a result of an act or omission of a third party, the Employer is subrogated to any right of recovery of the teacher from the third party in the amount of the cost of absence and without restricting the generality of the foregoing, the following provisions apply:

(a) The teacher shall advise the Employer in advance of the teacher’s intention to initiate any claim in which an act or omission of a third party has resulted in the Employer incurring a cost of absence;

(b) The teacher shall upon request by the Employer include the cost of absence, as calculated by the Employer, in the teacher’s claim;

(c) The Employer shall have the right (but not the obligation) to maintain an action in the name of the teacher and engage a solicitor (including the teacher’s solicitor) to recover the cost of absence;

(d) The teacher agrees to cooperate with the Employer and to provide, at the Employer’s expense, all loss of income records, transcripts, loss of income reports and information with respect to the calculation or allocation of damages and attend examinations for discovery or assist as a witness where required;

(e) The teacher will not settle his/her claim without the prior written consent of the Employer as to the amount of the cost of absence to be recovered by the Employer;

(f) Upon resolution of the amount of the cost of absence payable to the Employer, the Employer may, upon default of payment by the teacher following demand by the board offset the agreed upon amount of the cost of absence payable to the teacher by the Employer;

(g) The teacher shall not release any third party from the cost of absence without the consent of the Employer; and

(h) The Employer’s consent to settlement shall not be unreasonably withheld.

18.3   When as a result of judgment or settlement with the consent of the Employer, the teacher recovers a sum equal to all of the cost of absence, the teacher shall, as of the date of settlement or judgment, pay the full cost of absence recovered to the Employer plus interest, less a proportionate share of legal fees payable thereon by the teacher to his/her solicitor with respect to such recovery.

18.4   When as a result of a judgment or settlement with the consent of the Employer, the teacher recovers a sum equal to a portion of the cost of absence, the teacher shall as of the date of settlement or judgment, pay to the Employer, the amount of the cost of absence recovered plus interest, less a proportionate share of legal fees payable thereon by the teacher to his/her solicitor with respect to such recovery.

18.5   The teacher will upon request by the Employer execute such documents and agreements as may be required or deemed desirable by the Employer to give effect to the provisions of this Article 18.

18.6   In exercising any of its rights under Article 18, the Employer shall have due regard for the interests of the teacher.

19.   EMPLOYER PREROGATIVES

The Employer retains all those rights of management not specifically limited by the terms of this Agreement.

20.   UNION USE OF BOARD PROPERTY

20.1   Employer facilities used by teachers for Association business are to be reimbursed at the customary charge to other external users.

21.   GENERAL CLAUSES

21.1   When the Employer creates any new classifications not specified in this Agreement to which a teacher will be designated the allowance, if any, for the new classification shall be negotiated.

21.2   Nothing contained in the agreement shall reduce the salary of a teacher below the amount payable immediately prior to the effective date of the Agreement.

21.3   The previous Collective Agreement between the parties is cancelled.

21.4   This Agreement is for the benefit of and is binding upon the parties and their successors.

22.   DATE OF AGREEMENT

IN WITNESS WHEREOF the parties have executed this Agreement this first day of June, 2015.

 

Letter of Understanding

Lieu Days for Principals

 

Effective September 1, 2013, school-based principals will be granted two (2) paid leave days(s) per school year, at a time mutually agreeable to the principal and the superintendent or designate.

Failing agreement about whether the dates are mutually agreeable to the principals and superintendent, the Employer shall pay out the unused paid leave days at 1/200th of the principal’s annual salary and allowance by the end of June each year.

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