The Alberta Teachers’ Association

This collective agreement is made in duplicate  this 13th day of April, 2015 pursuant to the School Act, and the Labour Relations Code.

Between Prairie Land Regional Division No 25 (herein called “the Employer ") of the first part and the Alberta Teachers' Association, a body corporate, incorporated under the laws of the Province of Alberta, (hereinafter called “the Association") of the second part.

Whereas, the Employer recognizes the Association as the sole bargaining agent for the teachers employed by the Employer, and

Whereas, terms and conditions of employment and salaries have been the subject of negotiation between the parties, and

Whereas, the parties desire that these matters be set forth in an agreement to govern certain terms of employment of the teachers.

NOW THEREFORE THIS AGREEMENT WITNESSETH:

ARTICLE 1 - SCOPE OF AGREEMENT

1.1   The Employer retains all rights of management except where specifically limited by the expressed terms of this collective agreement.

1.2   This agreement applies to all employees of the Employer other than superintendent of schools, assistant superintendent(s) or deputy superintendent(s) who, as a condition of their employment, must possess a valid teaching certificate issued under the authority of the Department of Education, Province of Alberta, herein collectively called "the teachers" or where the context requires, "the teacher".

1.3   This agreement shall have effect from September 1, 2012 until August 31, 2016 and shall continue from year to year unless a new agreement is negotiated pursuant to 1.4.

1.4   Either party may, prior to the termination of this agreement, give to the other not less than 60 or more than 180 calendar days, notice in writing of the party’s intent to negotiate amendments, alterations, additions or deletions to renew the agreement. The parties agree to meet in accordance with the current Labour Relations Code when such notice is given. At the first meeting between the parties following such notice, the parties shall exchange particulars of all amendments they seek. Negotiations shall be limited to the items in the two lists combined, except by mutual agreement.

ARTICLE 2 - SALARIES

2.1   The matters negotiated by the parties in respect of all salaries and terms and conditions of the teachers' employment with the Employer are governed by this agreement and any statutory provision related thereto.

2.2   The amount of university education of a teacher and the years of teaching experience, computed as hereinafter provided shall together determine the basic salary of a teacher employed by the Employer.

2.3   Effective September 1, 2012:

Effective September 1, 2015:

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.

2.3.1   A teacher’s salary, normally paid in July and August, shall be paid on June 30 provided the teacher has submitted such a request to the Employer no later than the last school day prior to May 31.

2.3.2   The monthly salary for each teacher shall be 1/12 part of the salary in effect, paid by direct deposit into the bank account of the employee’s choice on or before the 25th day of each month.

2.3.2.1   The provisions of this agreement shall apply to part-time teachers on a pro-rated basis. In other words, part-time teachers shall receive the same percentage of salary and benefit premium contributions, as the percentage that their part-time teaching assignment is of a full time teaching assignment.

ARTICLE 3 - ADDITIONAL ALLOWANCES

3.1   The additional allowances are to be adjusted on the same dates and by the same percentage increases as are applied to the salary grid. In addition to the foregoing salary, there shall be paid additional allowances in accordance with the following schedule.

3.1.1   Effective September 1, 2012, each principal shall be paid 13.5 per cent of his/her position on the grid plus $26.04 per student under his/her responsibility:

Effective September 1, 2015 each principal shall be paid 13.5 per cent of his/her position on the grid plus $26.56 per student under his/her responsibility

3.1.2   Effective September 1, 2012, each vice-principal shall be paid eight per cent of his/her position on the grid plus $16.68 per student under his/her responsibility:

Effective September 1, 2015 each vice-principal shall be paid eight per cent of his/her position on the grid plus $17.01 per student under his/her responsibility

3.1.3   The pupil count for all allowances is to be as of September 30 in each school year and each ECS student shall be considered a .5 FTE student.

3.1.4   Teachers appointed as divisional coordinators shall be paid an allowance equal to 15 per cent of his/her position on the grid.

Acting Principals

3.2   In a principal's absence, the vice-principal is deemed to be the acting principal. In the absence of the principal and vice-principal(s), if any, the principal may designate a teacher to be the acting principal.

3.2.1   A teacher designated as acting principal shall be paid a per diem of 1/200 of the vice-principal's allowance as identified in article 3.1.2.

3.2.2   Notwithstanding article 3.2.1, after four consecutive days an acting principal will be paid a per diem of 1/200 of the principal’s allowance in lieu of the vice-principal’s allowance.

3.3   In a school having one classroom, one teacher shall be designated a lead teacher and shall be paid an additional allowance equal to four per cent of category 4 and 0 years of experience.

ARTICLE 4 - EXPERIENCE INCREMENTS

4.1   One experience increment shall be earned by a teacher employed on a full-time continuing contract with the Employer after s/he performs required full-time duties for at least 125 school days during a school year. A teacher employed with the Employer on other than a full-time continuing contract who accumulates a total of 125 full-time teaching days within three consecutive school years of performing required duties shall earn one experience increment. When one experience increment has been earned by a teacher, employed on less than a full-time continuing contract, that teacher shall not begin to earn additional experience increments until an experience increment has been granted at the beginning of another school year, or February 1, whichever is applicable.

4.2   No teacher shall earn more than one experience increment in any one school year.

4.3   The adjustment date for changes in the number of experience increments allowed for teaching experience shall be at the beginning of the school year or February 1.

4.4   The Employer shall only recognize complete years of previous teaching experience for salary purposes provided such previous teaching experience was earned while employed by a board of trustees of a district, division or county board of education as defined in the School Act or by an early childhood services board operated under the guidelines of Alberta Education.

4.4.1   Experience gained in jurisdictions outside the province of Alberta, but within Canada and United States of America, operated in accordance with the statutes of that jurisdiction will be recognized as if it were earned while in the employ of the Employer.

4.4.2   Previous teaching experience gained by a teacher while employed by a private school accredited by Alberta Education and offering the approved Alberta curriculum, will be recognized for salary purposes.

4.5   Only teachers holding an approved Alberta teaching certificate shall receive experience increments.

4.6   Any teacher who substitutes shall accumulate those days or part thereof for the purpose of receiving an increment.

4.6.1   The onus of substantiating previous teaching experience for the purpose of gaining experience increments rests with the teacher.

4.6.2   Proof of previous teaching experience, or proof of having applied for same must be submitted to the Employer within 45 calendar days of commencement of employment or the first day of school of each school year or February 1, whichever is applicable.

4.6.3   If evidence of previous teaching experience is submitted within 45 calendar days, salary, in accordance with the experience increments gained, shall be paid effective the date of commencement of the school year or the date of commencement of employment or February 1, whichever is applicable.

4.6.4   If such evidence is not submitted within the aforementioned 45 calendar days, the teacher shall be placed on the salary schedule in accordance with the most recent acceptable statement of experience increments. The teacher’s salary shall be adjusted effective the beginning of the month following the submission of such evidence.

4.6.5   Until the teacher submits satisfactory evidence of previous teaching experience, the teacher shall be placed on the salary schedule in accordance with the most recent acceptable statement of teaching experience or the minimum salary level applicable to the teacher's years of university education.

ARTICLE 5 - UNIVERSITY EDUCATION

5.1   The Alberta Teachers' Association Teacher Qualifications Service (TQS) 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 the memorandum of agreement among the Department of Education, the Alberta Teachers' Association and the Alberta School Trustees' Association, dated March 23, 1967.

5.2   Each teacher claiming teacher education and each teacher commencing employment with a Board, shall submit to the Employer proof of having applied to the TQS of the Association for a statement of qualifications for salary purposes within 30 calendar days from commencement of the school year, February 1 or from the date of commencement of employment. If satisfactory proof is submitted within the 30 calendar days, salary shall be adjusted retroactively to the applicable commencement of the school year or employment or February 1, on receipt of the proof of having applied to TQS.

5.3   Once a teacher has submitted to the Employer an evaluation from the Teacher Qualifications Service, no further evaluation will be necessary unless a teacher is claiming for additional course credits.

5.4   Until the teacher submits satisfactory evidence of qualifications, the teacher shall be placed on the salary schedule according to the most acceptable statement of qualifications or according to the minimum education requirements for his/her teaching certificate.

ARTICLE 6 - SUBSTITUTE PAY

6.1   The substitute teacher rate of pay is to be adjusted on the same dates and by the same percentage increases as are applied to the salary grid. Each substitute teacher shall be paid a per diem rate, the amount of which shall include vacation pay, as follows:

Effective September 1, 2015

6.2   A substitute teacher who teaches five or more consecutive days in the same teaching position shall be paid effective the sixth day and every consecutive day thereafter a daily rate equivalent to 1/200 of his/her placement on the salary schedule.

ARTICLE 7 - SICK LEAVE

7.1   Sick leave benefits are sponsored by the Employer and will be granted with pay for the purpose of obtaining necessary medical or dental treatment or on account of injury, illness or disability to the extent hereinafter provided.

7.1.1   In the first year of employment with the Employer, the teacher shall be entitled to statutory sick leave. Should sick leave exceed the number of days of sick leave entitlement, any salary adjustment required shall be made on the last cheque issued to the teacher for the current school year.

7.1.2   During the second and subsequent years under contract, annual sick leave with full salary will be granted for the purpose of obtaining necessary medical or dental treatment or because of accident, sickness or disability for 90 calendar days.

7.1.3   A teacher who has more than one year of service and has been absent due to medical disability shall, upon return to full-time duty, be entitled to an additional sick leave benefit of 90 calendar days.

7.2   Before any payment is made under the foregoing provisions, the teacher shall provide:

(a) A statement, in a form approved by the Employer, signed by the teacher substantiating the illness.

(b) At the request of the Employer, a certificate from the teacher's attending medical or dental practitioner where the absence is for a period of more than three days.

(c) At the request of the Employer or its designate, a certificate from a physician or dentist designated by the Employer attesting to the illness or disability claimed provided there is no cost to the teacher.

7.3   Teachers shall be eligible for sick leave from the onset of illness or disability to the extent of sick leave credited to them but not beyond the date of eligibility for benefit under the Alberta School Employee Benefit Plan.

7.3.1   After 90 continuous calendar days of illness or medical disability, no further salary shall be paid.

7.4   Provisions of this article shall not be applicable when a teacher is on another leave (other than sick leave) without pay or while on strike.

7.5   When a teacher leaves the employ of the Employer, all benefits contained under these provisions are cancelled.

7.6   A teacher shall not be required to attend school if they or someone in their household has an infectious virus or disease that is classified as an epidemic.

7.7   A pregnant teacher who is working in an environment where there is a disease or epidemic that is known to cause harm to the unborn child will either a) be moved to another school that has a safe working environment or b) provided with work of an alternative nature that can be done from home.

7.8   In the event there is an epidemic or public health issue, the Employer may waive the requirement to provide a medical certificate as per clause 7.2 upon notification to the Association.

ARTICLE 8 - SABBATICAL LEAVE

8.1   Sabbatical leave shall mean any long term leave of absence granted to a teacher for professional development through study.

8.2   Sabbatical leave may be granted at the discretion of the Employer.

8.2.1   Written application for sabbatical leave must be made by the teacher 90 calendar days prior to the commencement date of the proposed leave.

8.2.2   Each teacher who is granted sabbatical leave for one school year shall be paid an amount equal to current four year minimum salary payable monthly as per the salary schedule.

8.3   Sabbatical leave for the duration of a semester or trimester may be granted by the Employer. Remuneration shall be calculated on a prorata basis in accordance with 8.2.2 above.

8.3.1   Each teacher who is granted sabbatical leave as in 8.1 shall give an undertaking in writing to return to his/her duties following expiration of the leave and shall not resign or retire from employment with the Employer, other than by mutual agreement between the Employer and the teacher, for a period of at least two years after resuming his/her duties.

8.3.2   Should a teacher, by mutual consent, resign or retire from service of the Employer before completing his/her two years service following such leave, repayment of sabbatical leave salary shall be made to the Employer on a prorata basis. Teachers on extended disability shall not have this counted as a repayment period.

8.3.3   Each teacher granted sabbatical leave shall enter into an individual written agreement with the Employer as to the conditions under which he/she may return to the school system at the conclusion of the leave, provided the individual contract does not contravene the collective agreement.

8.3.4   The Employer shall notify all applicants of its decision within 30 calendar days of the application deadline.

8.4   Experience increments will not be granted to teachers for any period of sabbatical leave.

8.5   The Employer may pay for non-credit courses that enable teachers to perform their job efficiently, at the rate of $200 per course or the rate of the registration fee, whichever is the lesser of the two figures. The course must be approved by the superintendent of schools.

ARTICLE 9 - MATERNITY, PARENTAL AND CHILD CARE LEAVE

9.1.1   The Employer will administer maternity and parental leave in compliance with the provisions of the current Employment Standards Code of Alberta, and any regulations made thereto, and in accordance with Policy #7400, Supplemental Employment Benefit Plan.

9.1.2   Entitlement to Maternity Leave

(a) A pregnant teacher who has been employed by the Employer for 52 consecutive weeks is entitled to maternity leave, in conjunction with Policy 7400, Supplemental Employment Benefit Plan. During the maternity leave, the teacher, if eligible to participate, is entitled to continue benefit coverage on the same cost-sharing basis as other eligible teachers.

(b) A pregnant teacher referred to above is entitled to 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 delivery date; 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 9.1.4, the maternity leave shall include a period of at least six weeks immediately following the actual date of delivery.

9.1.3   Notice of Maternity Leave—A pregnant teacher shall provide the Employer with six weeks notice in writing of the day she intends to commence maternity leave, and shall provide a medical certificate certifying that she is pregnant and giving the estimated date of delivery.

9.1.4   Shortening Maternity Leave—A teacher, with the agreement of the Employer, may shorten the duration of the six week period following the actual date of delivery by providing the Employer with a medical certificate indicating that resumption of work will not endanger her health.

9.1.5   No Notice of Maternity Leave—A teacher who fails to comply with Article 9.1.3, and who is otherwise entitled to maternity leave, is entitled to maternity leave for the period specified in Article 9.1.2 if within two weeks after she ceases to work she provides the Employer 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.

9.1.6   Supplemental Employment Benefit Plan—The Employer shall implement a Supplemental Employment Benefit Plan, in accordance with Policy #7400 which shall be accessed by the teacher during the post delivery period.

9.2   Parental Leave

(a) The Employer 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 has been employed by the Employer for at least 52 consecutive weeks, 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 has been employed by the Employer for at least 52 consecutive weeks, a period of not more than 37 consecutive weeks within 52 weeks after the child is placed with the adoptive parent for the purpose of adoption.

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

9.2.1   Notice of Parental Leave

(a) Where possible, the teacher shall give the Employer three months of notice of the date the teacher will start parental leave, but in no instance shall give less than six weeks notice in writing, 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 9.2.1(a), the teacher must give the Employer written notice at the earliest possible time of the date that the teacher will start or has started parental leave.

(c) Employees who intend to share parental leave must advise their respective employers of their intention to share parental leave.

9.3   Prohibition Against Termination of Employment—The Employer shall not terminate the employment of or lay off a teacher who:

(a) has commenced maternity leave; or

(b) is entitled to or has commenced parental leave.

Child Care Leave

9.4.1   Child Care Leave shall be granted to a teacher without pay, allowances, and other benefits of this agreement for a period up to one school year to provide care to a teacher's child less than three years of age.

9.4.2   The teacher shall, in consultation with the superintendent, three months in advance of the leave, determine the commencement date of the leave.

9.4.3   Return from child care leave shall occur at the beginning of a school year or the beginning of a reporting period or at such other time as mutually agreed by the teacher and superintendent.

9.4.4   Teachers returning from child care leave are entitled to a teaching position with the Employer. Every reasonable effort shall be made to return the teacher to a teaching position which has been mutually agreed upon prior to the granting of such leave.

9.4.5   Any teacher returning from such leave who was employed on a probationary contract immediately prior to the leave, may, at the discretion of the Employer, be offered a second probationary contract of employment.

9.4.6   A teacher requesting return prior to the expiry of the leave will be considered for appropriate vacancies.

9.4.7   Where child care leave is granted in conjunction with maternity or parental leave, the combined total leave shall not exceed 24 months.

9.4.8   Leave taken for the purpose of child care shall not be considered teaching experience for the purpose of granting a salary increment.

9.4.9   Two days of paternal leave with pay shall be provided to a teacher occasioned by the birth of his child.

9.4.10   Only one parent shall be granted child care leave under these provisions.

Effective September 1, 2013, the above Article 9 – Maternity, Parental and Child Care Leave is replaced with the following in its entirety:

ARTICLE 9 – MATERNITY, PARENTAL AND CHILD CARE LEAVE

9.1   Maternity Leave

9.1.1   Teachers are entitled to maternity leave for a maximum period of 15 weeks commencing on a date of their choosing, but no later than the birth of the baby.

9.1.2   Entitlement to Maternity Leave

Where possible, written notice of intent to take such leave will be forwarded to the superintendent or designate at least six (6) weeks prior to commencement of the leave. The notice should include the estimated date of delivery.

9.1.3   A teacher who fails to comply with clause 9.1.2, and who is otherwise entitled to maternity leave, is entitled to maternity leave as specified in clauses 9.1.1 if within two (2) weeks after she ceases to work she provided the Employer 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 or actual date of delivery.

9.1.4   The Employer shall pay the portion of the teacher’s benefit premiums specified in Article 14 of this collective agreement during the health related portion of the maternity leave.

Effective  September 1, 2015, the Employer shall maintain benefit premium contribution for Life, AD &D and Extended Disability benefit for up to 52 weeks from the birth of the child.

9.1.5   The Employer shall implement and maintain a supplementary unemployment benefits (SUB) plan which shall provide teachers on maternity leave with 95 percent of their weekly salary under the SUB plan during the health related portion of maternity leave.

Effective September 1. 2015, the Employer shall implement and maintain a supplementary unemployment benefits (SUB) plan which shall provide teachers on maternity leave with 100 percent of their weekly salary under the SUB plan during the health related portion of maternity leave.

9.1.6   At least four weeks prior to the date on which the teacher intends to return to work, written notice must be forwarded to the superintendent or designate.

9.1.7   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.

9.1.8   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.

9.2   Parental Leave

9.2.1   Upon request, the Employer shall grant adoption/parental leave for a period of up to 37 weeks. Such leave shall be completed within the first year following the birth or the adoptive date.

9.2.2   Where both parents are teachers employed by the Employer, the parental leave may be accessed entirely by one parent or shared by the parents, however, the Employer is not required to provide leave to both parents at the same time.

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

9.2.4   Written notice of intent to return to work shall be provided to the superintendent or designate at least four weeks prior to the date on which the teacher intends to return to work.

9.2.5   Following the leave, a teacher shall return to the position occupied at the commencement of the leave or a comparable position.

9.3   Prohibition Against Termination of Employment—The Employer shall not terminate the employment of or lay off a teacher who:

(a) has commenced maternity leave; or,

(b) is entitled to or has commenced parental leave.

Child Care Leave

9.4.1   Child Care Leave shall be granted to a teacher without pay, allowances, and other benefits of this agreement for a period up to one school year to provide care to a teacher's child less than three years of age.

9.4.2   The teacher shall, in consultation with the superintendent, three months in advance of the leave, determine the commencement date of the leave.

9.4.3   Return from child care leave shall occur at the beginning of a school year or the beginning of a reporting period or at such other time as mutually agreed by the teacher and superintendent.

9.4.4   Teachers returning from child care leave are entitled to a teaching position with the Employer. Every reasonable effort shall be made to return the teacher to a teaching position which has been mutually agreed upon prior to the granting of such leave.

9.4.5   Any teacher returning from such leave who was employed on a probationary contract immediately prior to the leave, may, at the discretion of the Employer, be offered a second probationary contract of employment.

9.4.6   A teacher requesting return prior to the expiry of the leave will be considered for appropriate vacancies.

9.4.7   Where child care leave is granted in conjunction with maternity or parental leave, the combined total leave shall not exceed 24 months.

9.4.8   Leave taken for the purpose of child care shall not be considered teaching experience for the purpose of granting a salary increment.

9.4.9   Two days of paternal leave with pay shall be provided to a teacher occasioned by the birth of his child.

9.4.10   Only one parent shall be granted child care leave under these provisions.

ARTICLE 10 - LEAVE OF ABSENCE WITH FULL PAY

Compassionate Leave

10.1   Compassionate leave shall be granted by the Employer in a case of serious illness or death of the teacher's spouse, son, daughter, father, mother, sister, brother, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law or grandparent of spouse.

(a) up to four school days for serious illness;

(b) up to five school days for death.

10.1.1 Notification of such leave must be given to the school principal or superintendent.

10.1.2 Those days referred to in 10.1 may be extended at the discretion of the Employer should additional time be required for travel.

10.1.3 Before payment is made under article 10.1, the Employer may require a medical certificate stating that serious illness was the reason for the absence.

Convocation

10.2   Leave shall be granted for a period necessary (not to exceed two days) to a teacher to attend their or their spouse’s convocation.

Additional Leave

10.3   Additional leave of absence may be granted by the Employer with or without pay.

Personal Leave

10.4   In consultation with the principal and with two weeks notice where possible, a teacher shall be granted two days personal leave per school year, except where circumstances put such a leave in conflict with the interests of the school. In consultation with the superintendent and with two weeks notice where possible, a principal shall be granted two days personal leave per school year, except where circumstances put such leave in conflict with the interests of the school. These days may be used to extend a holiday period or long weekend at the discretion of the teacher's or the principal's, immediate supervisor.

10.4.1   For any teacher under contract for 60 days or fewer in a school year, the provisions of clause 10.4 do not apply.

10.4.2   Any teacher under contract for 61 to 129 days in a school year shall be granted two half day personal leaves per school year.

10.4.3   Each teacher shall be entitled to accumulate one unused personal leave day per year, to a maximum of five days which may be used in any one school year.

10.4.3.1   Five days of accumulated personal leave cannot be used in conjunction with Article 10.4.

10.4.4   Each teacher under contract for 61 to 129 days shall be entitled to accumulate one unused half day personal leave per year, to a maximum of five half days, which may be used in any one school year. These days may be used to extend a holiday period or long weekend at the discretion of the teacher’s immediate supervisor.

10.4.4.1   Five half days of accumulated personal leave cannot be used in conjunction with Article 10.4.

Jury/Subpoena

10.5   Leave shall be granted:

(a) for jury duty or any summons related thereto;

(b) to answer a subpoena or summons to attend any court proceedings as a witness in a cause other than the teacher's own.

10.5.1   The teacher shall reimburse the Employer an amount equivalent to any witness or jury fee set by the court.

Leave of Absence for ATA Purposes

10.6   When the Annual Representative Assembly is held on days other than the May long weekend, two teacher representatives from the Prairieland ATA Local shall be given time off from class to attend this meeting. The ATA shall be responsible for payment at the cost of substitute for each teacher's absence.

10.6.1   It is recognized that from time to time, the Alberta Teachers' Association may request that certain of its members be granted release from duties to serve on Association committees or other bodies or to act as its representative. When such release time is granted, the Association will be billed at the full or half-day rate for substitute teachers, as per article 6 of this agreement.

Grievance

10.7   The Employer shall be reimbursed by Prairieland ATA Local at cost of substitute for each day a teacher is absent to participate in the grievance procedure in any way. Reimbursement shall be due within 30 days of billing.

10.7.1   In the event the Employer initiates a grievance, substitute teaching costs shall be the responsibility of the Employer.

Inclement Weather

10.8   A teacher who, despite reasonable effort is unable to travel to his/her school because of inclement weather, impassable road conditions or failure of transportation facilities other than his/her own, is entitled to his/her salary for the periods of absence so occasioned.

ARTICLE 11 - OTHER LEAVES

11.1   Leave of absence without pay, allowances and other benefits of this agreement, may be granted to any teacher by the Employer for a period not to exceed one school year, subject to the following conditions:

(a) The teacher shall apply to the Employer, in writing, prior to March 1 of the current year. The applicant shall set forth the reasons for the request;

(b) The teacher shall notify the Employer, prior to March 1 of the following year, of his/her intention to return to teaching duties;

(c) No experience increment shall be granted for such leave of absence.

ARTICLE 12 - CONDITIONS OF PROFESSIONAL SERVICE

12.1   No teacher shall be required to render service for more than 200 days in a school year, exclusive of designated and statutory holidays.

12.1.1   A teacher regularly assigned to classroom duties who agrees to render service in excess of 200 days shall be paid at the rate of 1/200 of the rate of his/her total salary for each day he/she is so employed in excess of 200 days.

12.1.2   Notwithstanding 12.1.1, it is recognized that teachers who are in receipt of an administrative or supervisory allowance, shall accept the professional responsibility of having their units operational on the opening day of school each school term, semester or other division of the school year. In a like manner, such teachers shall accept the professional responsibility of completing all activities connected with school opening and closing.

ARTICLE 13 - TRANSFERS

13.1   The Employer will establish a procedure by which teachers may request transfer to another school or to another grade and/or subject assignment. The procedure must be posted in each school in an appropriate location.

13.1.2   Teachers who wish to change grade and/or subject assignment and/or who desire a transfer to another school must file a written statement with the superintendent prior to May 1, annually. Such statement must include the subjects and/or grade levels desired and the school(s) to which the teacher seeks transfer.

13.1.3   Prior to and including the last day of the school year, when a vacancy occurs, a teacher who has filed a notice of intent to transfer for the type of assignment shall be interviewed. Should the teacher not be selected, he/she may request a written explanation of the reason(s).

13.2   If the Employer requests a teacher to transfer to another school, the Employer shall pay the reasonable moving expenses necessarily incurred by him/her and his/her family as a result of such transfer providing such transfer requires a change of residence.

13.3   Transfers made at the request of the Employer shall be governed by the process outlined in the current School Act.

ARTICLE 14 - GROUP INSURANCE

14.1   The Employer shall effect and maintain:

(a) Alberta School Employee Benefit Plan (ASEBP)

(i) Extended Disability Benefit - Plan D

(ii) Life, Accidental Death and Dismemberment - Schedule 2

(iii) Extended Health Care - Plan 1

(iv) Dental Care - Plan 3

(v) Vision Care - Plan 3

(b) Alberta Health Care Plan

(c) The Employer will establish and contribute annually to an individual Health Spending account for each teacher under contract as follows:

Effective September 1, 2008 - $300

Effective September 1, 2014 - $400

Effective September 1, 2015 - $600

In this article ‘eligible teacher’ means any teacher on a continuing, probationary or temporary contract during the year. For temporary contract teachers, 1/12 of the annual contribution will be deposited for each full month the teacher is under contract. Teachers leaving the employ of the Employer for any reason will forfeit any remaining balance.

The account will be administered by ASEBP as allowed by CRA and the Income Tax regulations for the benefit of that teacher and his/her spouse and dependant(s).

The provisions of this article shall apply to part-time teachers on a pro-rated basis.

14.2   All teachers shall be covered under the provisions of the Alberta School Employee Benefit Plan, life and extended disability benefits, Plan D, Schedule 2.

14.3   With respect to article 14.2, it is understood that participation in the Alberta School Employee Benefit Plan: Extended Health Care - Plan 1; Dental Care - Plan 3; Vision - Plan 3 and Alberta Health Care is not a condition of employment.

14.4   For teachers enrolled in the plans identified in 14.1 a) and b) the Employer shall contribute 100 per cent towards the monthly premium of each plan.

14.5   It is agreed that the EI premium reduction is being shared according to section 64(4) of the Employment Insurance Act by the benefits contained herein.

ARTICLE 15 - GRIEVANCE PROCEDURE

15.1   A "grievance" is defined as any difference between any employee covered by this agreement and the Employer, or in a proper case, between the Association and the Employer, 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.

15.2   The teacher shall, within 30 school days following the occurrence giving rise to the grievance or when the grievor first became aware of the occurrence giving rise to the grievance, whichever is later, bring the matter to the attention of the superintendent. The teacher, with or without Association representation and the superintendent shall attempt to resolve the grievance. If the matter cannot be resolved, the grievor will be notified with a written statement that the grievance is being denied.

If the grievance is denied by the superintendent, the grievance shall be submitted in writing and must include a statement of the following:

(a) the name(s) of the aggrieved;

(b) the nature of the grievance and the circumstances which gave rise to the grievance;

(c) the section(s) where the agreement is claimed to be violated;

(d) the remedy sought.

Such written grievance shall be submitted to the secretary-treasurer of the Employer, the secretary of the Prairieland Local and the coordinator of Teacher Welfare, within 30 school days following the date that the grievance is denied by the superintendent.

15.3   The secretary-treasurer of the Employer  will then arrange a meeting of the interpretation committee. The interpretation committee shall be composed of at least two Board trustees. A quorum of this committee shall consist of a majority of  members. The committee shall receive representation from the teacher with or without Association representation and the Superintendent.

15.4   When the interpretation committee receives notice of the submission of a grievance, it shall be required to give its decision within 21 school days following the receipt of such notice. The decision of the interpretation committee shall be provided to the teacher in writing.

If the decision of the interpretation committee is unsatisfactory, then either party may, by written notice served on the other party within 10 school days after the receipt of the decision require the establishment of an arbitration board as hereinafter provided. The parties may, by mutual agreement, consent to postpone the hearing of the arbitration board. Such notice shall contain a statement of the nature of the grievance.

15.5   In the event of a proper case grievance, the Employer may institute a grievance within 30 school days following the occurrence giving rise to the grievance or when the Employer first became aware of the occurrence giving rise to the grievance. It shall forward particulars in writing to the Coordinator of Teacher Welfare of the Association. The Association shall render a decision in writing within 21 school days. Likewise, the Association may institute a grievance within 30 school days following the occurrence giving rise to the grievance or when the Association first became aware of the occurrence giving rise to the grievance and shall forward particulars in writing to the Employer within 21 school days. The parties may or may not meet to discuss the decision, but in any regard, the grievor may notify the respondent in writing within 10 school days of receiving the decision of the intent to submit the grievance to a board of arbitration.

15.6   Each party shall appoint one member as its representative on the arbitration board within seven school days of receipt of such notice and the two members so appointed shall endeavor to select an independent chairman in accordance with the current Labour Relations Code.

(a) If the two members fail to select a chairman within five school days after the day on which the last of the two members is appointed, they shall request the director of mediation services to select a chairman.

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

15.7   The arbitration board shall not change, modify 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 provision of this agreement or that involves the determination of a subject matter not covered by or arising during the term of this agreement.

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

15.9   Each party to the grievance shall bear the expense of its respective nominee and the two parties shall bear equally the expenses of the chairman.

15.10   All the aforesaid time limits referred to in the grievance procedure shall be exclusive of Saturdays, Sundays and statutory holidays.

15.11   The purpose of the grievance procedure is to ensure that all grievances are processed properly and expeditiously so strict adherence to the provisions of the grievance procedure is mandatory. 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 only be extended by the written agreement of both parties.

ARTICLE 16 - SPECIAL NEEDS STUDENTS

16.1   The consideration of the educational program plans for identified special needs students shall involve consultation between district staff, parents or guardians, teachers and administrators who may be affected.

16.2   When a student with special needs is placed in a regular class setting, the teacher will have access to information that in the opinion of the Employer or its designee is pertinent to the placement.

16.3   When a student with special needs is placed in a regular class setting, the teacher will be provided inservice training to meet the needs of the student, provided the principal deems the training necessary.

16.4   Special consideration shall be given to class size, aide and clerical time allotments, equipment, furniture monies and administrative assistance time.

ARTICLE 17 - GENERAL

17.1   Prior to employment, teachers may be required to present a medical certificate of good health.

17.2   Any teacher required to teach in more than one school shall be paid kilometrage at a rate of 32 cents per kilometer or the rate specified in Employer policy, whichever is greater, for travel between the schools, providing the distance between the schools is greater than 16 kilometres.

IN WITNESS WHEREOF the parties have executed this Agreement this 13th day of April, 2015.

Addendum

Re: Remembrance Day

This will confirm that subsequent to the 2001-02 school year, in years when Remembrance Day falls on a weekend, teachers will receive the Monday following as lieu.

Addendum

Re: Red Circling for Administrators

If an administrator is transferred to a school resulting in a smaller administrative  allowance, the administrator’s allowance before the transfer will be red circled for a period of one year or until the allowance in the new position exceeds the red circled allowance. The administrator will still receive increases to salary as per clause 2.3

Letter of Understanding A

Re: Annual Review of Collective Agreement Definition of Days

The parties agree that the EPC Chair and the Employer’s representative meet annually to review the definition of whole and half days for use in interpretation of the collective agreement.

Letter of Understanding B

Re: Principal Lieu Days

Effective September 1, 2013, school based principals will be granted two (2) paid leave day(s) per school year, at a time mutually agreeable to the principal and the superintendent or designate. Failing agreement about whether the dates are mutually agreeable to the principal and the superintendent, the Employer shall pay out the unused paid leave days at 1/200^th of the principal’s annual salary and allowance by the end of June each year. This letter expires and shall have no further force and effect as of June 30, 2016.

Appendix A

Re: Medical Certificate

Medical Leave Certificate

1.   Teacher’s Name: ____________________________________

2.   Teacher’s Position: __________________________________

3.   Teacher was unable to work due to medical reasons effective _______________(date)

4.   Is the teacher receiving treatment?  Yes ___    No ____  Not Applicable _____

5.   Anticipated date of return to work (if known) _________________________________

6.   If anticipated return to work is unknown, is the absence likely to be:

_______ Less than 30 days?

_______ Between 30 days and 60 days?

_______ Between 60 days and 90 days?

_______ Indeterminate

7.   Has the teacher been referred to a specialist?   Yes ____   No _____ Not Applicable ______

8.   Name of Doctor: _______________________________________

9.   Address of Doctor ______________________________________________________________

10.   Date Seen by Doctor: _____________________

11.   Signature of Doctor: ________________________________________________________