Red Deer Catholic Regional Division No 39 (2012 - 2016)

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September 1, 2012 – August 31, 2016

THIS AGREEMENT is made this 30th day of March, 2015, pursuant to The School Act and The Labour Relations Code.

BETWEEN:

The Red Deer Catholic Regional Division No. 39, hereinafter called “The Board”,

AND:

The Alberta Teachers' Association, hereinafter called “The Association”, acting on behalf of the teachers employed by The Board.

WHEREAS The Board recognizes The Association as the sole bargaining agent for the teachers employed by The Board,

AND

WHEREAS the parties desire that these matters be set forth in an agreement to govern the following terms of employment of the teachers,

NOW THEREFORE THIS AGREEMENT WITNESSETH

ARTICLE 1 – RECOGNITION

(1) a)   This agreement applies to those employees of The Board who, as a condition of their employment, must possess a valid teaching certificate under the authority of the Department of Education, the Province of Alberta, herein collectively called the teachers, or where the context requires, teacher.

b)   Supervisor of Support Services (this position will have access to the benefit plan provided by Alberta School Employee Benefit Plan, as outlined in Article 11).

(2)   Exclusions: Notwithstanding Clause (1), employees holding the following designations shall be excluded from this agreement:

a)   Superintendents and any other designations which include the term superintendent.

b)   Supervisor Learning and Supervisor Student Services (these positions will have access to the benefit plan provided by Alberta School Employee Benefit Plan as outlined in Article 11).

(3) a)   The provisions of this agreement, other than Article 11, shall be applicable to part-time teachers on a pro-rated basis in the same proportion as the teacher’s period of actual service bears to a year of full-time service. Part-time teachers that are on a 50% contract or greater shall receive the full benefit of Article 11. Part-time teachers on contract of less than 50% shall not be eligible to enroll in the benefit plans set out in Article 11.

b)   Each kindergarten class assignment shall be recognized as 0.5 of a full-time teaching assignment.

(4)   Except for Article 8 and 12, none of the provisions of this agreement shall be applicable to substitute teachers.

ARTICLE 2 – TERM OF AGREEMENT

(1)   This Agreement constitutes the entire agreement between the parties and shall become effective on September 1, 2012 and shall continue in force and effect to August 31, 2016, and shall automatically continue in full force from year to year thereafter unless in any one year not more than one hundred eighty (180) days and not less than sixty (60) days before the date of its expiry either party shall submit to the other written notification to amend said Agreement.

(2)   If amendments to this Agreement are desired, the particular contents of such amendments shall be presented in writing to the other party within the time limits as specified above.

(3)   At the first meeting between the parties following the submission of written amendments, the parties shall give full particulars of all amendments they seek.

(4)   The wording and figures contained in the Articles and Schedules of this Agreement shall not be changed by either party, except through mutual agreement.

ARTICLE 3 – SALARY SCHEDULE

(1)   For the purpose of this agreement, a teaching day shall be defined as set forth in Section 97, Subsection (1) of The School Act, and shall also include those days declared by The Board for teacher professional development and parent/teacher interviews.

(2)   The university education of a teacher, as determined by the Teacher Qualifications Service, and the length of teaching experience computed as hereinafter provided, shall together determine the salary rate to be paid during the term of this Agreement to each full-time teacher employed by The Board.

Tabulated as clause 4 following are the annual salary rates for each recognized year of university education and for each recognized year of experience, per Article 5.

(3)   Provisions of this Agreement in respect of salary shall be applicable to part-time teachers on a pro-rated basis, who shall receive only that portion of the salary that the period of actual service in a year bears to a year of full-time service. 

(4)(a)

Salary Grid

 

CERTIFICATED SALARIES

 

 

 

September 1, 2012 – August 31, 2014

Years of Teaching Experience

Years of Teaching Education

 

 

 

4

5

6

 

0

 

57,017

60,313

64,060

 

1

 

60,397

63,693

67,440

 

2

 

63,777

67,073

70,820

 

3

 

67,157

70,453

74,200

 

4

 

70,537

73,833

77,580

 

5

 

73,917

77,213

80,960

 

6

 

77,297

80,593

84,340

 

7

 

80,677

83,973

87,720

 

8

 

84,057

87,353

91,100

 

9

 

87,437

90,733

94,480

 

10

 

90,817

94,113

97,860

 

 

 

10X3380

10X3380

10X3380

 

(4)(b)

Salary Grid

 

CERTIFICATED SALARIES

 

 

 

September 1, 2014 – August 31, 2015

Years of Teaching Experience

Years of Teaching Education

 

 

 

4

5

6

 

0

 

57,803

61,144

64,943

 

1

 

61,230

64,571

68,370

 

2

 

64,657

67,998

71,797

 

3

 

68,084

71,425

75,224

 

4

 

71,511

74,852

78,651

 

5

 

74,938

78,279

82,078

 

6

 

78,365

81,706

85,505

 

7

 

81,792

85,133

88,932

 

8

 

85,219

88,560

92,359

 

9

 

88,646

91,987

95,786

 

10

 

92,073

95,414

99,213

 

 

 

10X3427

10X3427

10X3427

 

(4)(c)

Salary Grid

 

CERTIFICATED SALARIES

 

 

 

September 1, 2015 – August 31, 2016

Years of Teaching Experience

Years of Teaching Education

 

 

 

4

5

6

 

0

 

58,959

62,367

66,242

 

1

 

62,455

65,863

69,738

 

2

 

65,951

69,359

73,234

 

3

 

69,447

72,855

76,730

 

4

 

72,943

76,351

80,226

 

5

 

76,439

79,847

83,722

 

6

 

79,935

83,343

87,218

 

7

 

83,431

86,839

90,714

 

8

 

86,927

90,335

94,210

 

9

 

90,423

93,831

97,706

 

10

 

93,919

97,327

101,202

 

 

 

10X3496

10X3496

10X3496

 

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

ARTICLE 4 – ADDITIONAL ALLOWANCES

c)   In addition to the basic salary rate, there shall be paid Administration Allowances in accordance with the following schedule:

(2)   A teacher who has successfully completed the Certificate in Theological Studies, The Certificate of Religious Education Program, the Certificate in Catholic School Administration, or the Graduate Diploma in Religious Education, as recognized by The Board, will be paid an additional $1,050 per year, provided that these courses are not recognized by Teacher Qualification Services for grid placement.

(3)   Principals – the basis for principals’ allowance shall be the number of students registered, inclusive of students enrolled in Early Childhood Services classes, at the school on September 30 of each school year.

First 100 students or less – 24.5% of minimum salary rate for four years of teacher education.

101-300 students - .06% of minimum salary rate for four years of teacher education per student.

301+ students - .04% of minimum salary rate for four years of teacher education per student.

Notwithstanding, no principal shall receive an allowance which is less than the highest vice-principal’s allowance plus 1%.

(4)   Vice-principals – A vice-principal shall be appointed in schools with a student population of 350 or greater. The vice-principal shall have a minimum of 50% time free for administrative duties. The vice-principal shall be paid at 50% of the principal’s allowance.

(5)   Assistant Principals – The Board may appoint an assistant principal in schools where such a position is deemed necessary by The Board. The assistant principal shall have a minimum of 25% time free for administrative duties. The assistant principal shall be paid at 25% of the principal’s allowance.

(6)   Where a major shift occurs, lasting at least a calendar month, the administrative allowance of the principals involved shall be adjusted upwards or downwards to reflect the new student count. A major shift is 15%. Such adjustments are effective in the calendar month following the shift. The total principal package shall remain the same.

(7)   The Principal of a school shall designate one (two) staff member(s) to be Relief Principal(s). The Relief Principal(s) will assume the authority and responsibility of the Principal in the absence of the Principal, Vice-Principal and Assistant Principal. The Relief Principal will be paid 10% of the Principal’s allowance in a school that has neither a Vice-Principal nor an Assistant Principal. The Relief Principal will be paid 2.45% of minimum salary rate for four years of teacher education in a school that has either a Vice-Principal or an Assistant Principal. If two members have been designated as Relief Principal, the allowance will be split equally between the two. In addition, for functioning in this capacity for an extended time, 1/200 of the Principal’s allowance will be paid for each day in excess of twenty accumulated days in a school year.

(8)   The provisions of Article 4 shall apply to part-time teachers on a pro-rata basis as specified in Article 1(3).

(9)   Coordinators – The Board may appoint coordinators for the Division where such positions are deemed necessary by The Board. The coordinators shall be paid a salary equal to their grid placement plus 37.54% of the average principal’s allowance annually. Current coordinators are as follows:

i) Coordinator of Planning
ii) Coordinator of Faith Development
iii) Coordinator of Curriculum
iv) Coordinator of Inclusive Learning

(10)   Director of Inclusive Learning – The Board may appoint a Director of Inclusive Learning. The Director of Inclusive Learning shall be paid a salary equal to his/her grid placement plus 70% of the average principal’s allowance annually.

(11)   Department Heads – A teacher designated by The Board to be a Department Head shall be paid an allowance equivalent to 14.29% of the average principal’s allowance as determined on September 30 of the school year. If the teacher’s full-time equivalency (FTE) is less than 1.0, their allowance will be calculated by multiplying their FTE by the allowance.

(12)   New Designations/Allowances – Any new position/classification not specified in the Collective Agreement, to which a teacher will be designated and an allowance paid, shall have the allowance for the new position determined through negotiation with the Negotiation Subcommittee of The Board and the Alberta Teachers’ Association. This process shall occur prior to the creation, advertisement, and filling of said position. New positions/classifications are identified as any other than the following: principal, vice-principal, assistant principal, coordinators, Division Principal, Director of Inclusive Learning and Department Heads.

(13)   Effective February 1, 2008, when a teacher attends professional development activities outside the set Division calendar period or during earned lieu time, when these duties have been assigned, an equivalent amount of time will be given in sub days to be used for that teacher’s personal professional development. This time does not include after school PD sessions or associated Saturday conference time.

If the request for professional development comes from the Board, then it will be the Board’s responsibility to pay for the reimbursed sub time. If the request is that of the school, it will be the school’s responsibility to pay for the reimbursed sub time.

ARTICLE 5 – TEACHING EXPERIENCE

(1)   A teacher that has been employed with The Board under a temporary, interim, probationary, or continuous contract and who provides active teacher service with The Board for a minimum of 120 full-time equivalent teaching days shall be eligible for one teaching experience increment. When the 120-day requirement has been met, the teacher will then start over in their accumulation of credit towards another increment. A teacher will not receive more than one increment per twelve calendar months. Substitute teaching with The Board shall be counted as teaching experience, provided that the 120 full-time equivalent teaching days are accumulated within the last three-year period in relation to the date of the current Collective Agreement.

(2)   A teacher entering the employ of The Board shall be granted teaching experience increments in accordance with 5(1) above. The parties agree that previous teaching experience in a home schooling, post-secondary institution, or substitute teaching with another board shall not count as teaching experience for salary purposes.

(3)   The adjustment date for changes in the number of years allowed for teaching experience shall be on the first teaching day of the school year, February 1st, or on commencement of employment.

(4)   No teacher shall receive increments for experience gained while not holding a valid teaching certificate or letter of authority.

(5) a)   The onus of substantiating previous teaching experience rests with the teacher.

b)   Proof of previous experience, or proof of having applied for same, must be submitted to The Board within 45 calendar days of commencement of employment.

c)   If such evidence as referred to in Clause (b) is submitted within the forty-five (45) calendar days, salary shall be paid according to this experience effective the date of commencement of the school year, or the date of commencement of employment, whichever is applicable. If such evidence is not submitted within the aforementioned forty-five (45) days, the teacher shall be placed in the salary schedule according to the most recent acceptable statement of experience, or at the minimum of his category according to years of university education, and salary shall be adjusted effective the beginning of the month following submission of such evidence.

ARTICLE 6 – VOCATIONAL EDUCATION TEACHERS

(1)   At the time of hiring, The Board or its agents, in consultation with the A.T.A or its agent, may place a teacher at any step of experience or education on the salary grid provided that:

a)   This original placement is justified on the basis of trades or other specialized training and/or experience in business, trade, or industry.

b)   Advancement after original placement will be on the basis of professional training under Article 7 and teaching experience under Article 5.

c)   Training – one year education on grid for journeyman certificate or diploma related to their teaching assignment on original placement. Second ticket $1,000/year.

Experience – (1)       one year for each year of vocational experience up to maximum of 4 years.

a. one year for every two years after that.

b. both (1) and (2) only if valid journeyman or diploma.

ARTICLE 7 – TEACHER EDUCATION

(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, among the Department of Education, the Alberta School Trustees’ Association and The Alberta Teachers' Association.

(2)   Adjustment dates for changes in the grid placement shall be September 1 and January 1 for the full years of teacher education completed by August 31 and December 31 respectively.

(3)   Each teacher commencing employment with The Board shall supply satisfactory evidence of teacher education or proof of having applied for same to The Board within 45 calendar days from the date of commencement of employment. Each teacher claiming additional teacher education shall supply satisfactory evidence of the increase in teacher education within 45 calendar days of receipt of proof of completion of the courses from the Educational Institution in which they were enrolled. If satisfactory evidence is not submitted within 45 calendar days, salary shall be adjusted effective the beginning of the month following submission of satisfactory evidence or proof of having applied for same. Should the teacher supply the required proof as described above, their salary will be adjusted retroactively.

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

(5) a)   In the event of an appeal or request for re-evaluation by a teacher of an aforementioned T.Q.S. evaluation, salary will be adjusted to the appropriate grid step in Article 3(4) as determined by the years of education recognized as a result of the appeal and years of teaching experience determined as per Article 5, retroactively to the date of the evaluation which is being appealed or re-evaluated, providing such action is initiated by the teacher within fifteen (15) calendar days of the date of said T.Q.S. evaluation. Written proof of such an action by the teacher is required by The Board to substantiate a claim under these provisions.

b)   If an appeal or re-evaluation is not launched by a teacher within the said fifteen (15) days, salary shall be adjusted effective the beginning of the month following submission of the result of the action by the teacher.

ARTICLE 8 – SUBSTITUTE TEACHER

(1)   A substitute teacher shall be paid at the following rates:

$195.84 per day, and $107.72 per half day, effective September 1, 2012;
$200.78 per day, and $109.87 per half day, effective September 1, 2015.

These rates are inclusive of a vacation pay allowance in accordance with the Employment Standards Code.

(2)   After five consecutive substitute teaching days in the same position, a substitute shall be paid 1/200 of his/her grid position effective the 6th day and every consecutive day thereafter.

Effective February 1, 2008, after two consecutive substitute teaching days in the same position, a substitute shall be paid 1/200 of his/her grid position effective the third day and every consecutive day thereafter.

(3)   When a teacher is absent, a certified substitute teacher will be hired to replace the teacher whenever possible. The Board will establish a system to reward teachers who substitute internally when the Board is unable to book a substitute for the absent teacher.

ARTICLE 9 – SICK LEAVE

(1)   Sick Leave Benefits are sponsored by the Board, 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.

(2) a)   In the first year of service with the Board, a teacher shall be credited with twenty (20) days sick leave at the beginning of the school year.

b)   During the second and subsequent years of service, annual sick leave with fully salary will be granted for the purpose of obtaining necessary medical or dental treatment, or because of an accident, sickness or disability, for 90 calendar days.

c)   A teacher who has more than one (1) year of service and has been absent due to medical disability shall, upon return to full-time duty, and upon presentation of a medical certificate, be entitled to an additional sick leave benefit of 90 calendar days.

d)   For the purpose of this Agreement, an interrupted sick leave for the same illness shall be counted as one illness.

e)   Should the Board request a teacher to undergo a medical examination by a physician named by the Board, the Board will reimburse the teacher for the expenses incurred for such medical examination.

(3)   Before any payment is made under the foregoing provisions, the teacher shall provide:

a)   A statement, in a form approve by the Board, signed by the teacher substantiating any absence.

At the request of the Board, a certificate from the teacher’s attending medical or dental practitioner where the absence is for a period of more than three (3) days.

(4) a)   Teachers shall be eligible for sick leave from the onset of injury, illness or disability to the extent of sick leave credited to them or for 90 consecutive calendar days, whichever is less.

b)   When a teacher is eligible for extended disability benefits contained elsewhere in the Agreement, the provisions for sick leave shall be suspended.

(5)   Provisions of this article shall not be applicable when a teacher is on another leave (other than sick leave, or complications arising out of a pregnancy) without pay, or while on strike.

(6)   In the event that a teacher wrongfully claims Sick Leave Benefits, or abuses the privileges, he/she shall be considered absent without leave.

(7)   The provision of this article shall apply to part-time teachers on a pro-rated basis as specified in Article 1(3).

(8)   A teacher shall be entitled to use four days of accumulated sick leave per year for the illness of a child, spouse or household member.

ARTICLE 10 – EDUCATIONAL SUBSIDY PROGRAM

(1)   The Board will commit ½ of 1% of the previous year’s total instructional salary expenditures as gathered in Account 2050 of the Board’s Classification of Accounts for the purpose of implementing the Educational Subsidy Program.

(2)   The Board will pay 75% of costs incurred for tuition fees and text books, to a teacher for successfully completed Alberta courses approved by The Board.

(3)   For non-Alberta courses, the reimbursement will be 75% of the cost of the course (tuition fees and books) or 75% of the equivalent cost of an Alberta undergraduate or graduate course, whichever is least.

(4)   The first priority will be given to teachers applying to take courses pertinent to their role as a teacher in the Division. The second priority will be given to university courses aimed at meeting the requirements of post-graduate certificate or degree.

(5)   Application must be made in writing to the Superintendent of Schools or designate before enrollment.

(6)   The subsidy will be paid upon proof of successful completion and presentation of documents relating to the cost of the course.

(7)   The teacher shall return to the Board any subsidies received should he or she fail to work out the remainder of the school year.

(8)   Any unused Educational Subsidy monies in any year shall accumulate as an Educational Subsidy Surplus Fund to a maximum of 2% of the previous year’s total instructional salaries, as in Article 10(1) above. Should the Board receive requests that exceed the amount of allocation in Article 10(1), a portion of the Educational Subsidy Surplus Fund may be re-allocated to the Education Subsidy Program as described in Article 10(1). This re-allocation is subject to approval of ATA Local No. 80 Council of School Representatives.

(9)   The Board will pay an applicant approved by the Board, from the Educational Subsidy Surplus Fund, for the purpose of upgrading educational qualifications. Payment under this clause shall be granted at the rate of 65%, or as otherwise mutually agreed between the teacher and the Board, of the annual grid salary for the year which leave is granted, based on the average full-time equivalency of the teacher during the five years prior to the year of leave, 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. A.S.E.B.P. privileges will remain in effect during the leave, however, will be paid by the teacher during the sabbatical.

When professional improvement leave is granted for periods of less than a full year, payments under this clause shall be at the rate of 65%, or as otherwise mutually agreed between the teacher and The Board, of annual grid salary for the year in which the leave is granted, computed for the number of teaching days on leave in ratio to 200, payable in equal monthly installments, for each month of leave, with payments to commence on the last day of the first calendar month of the leave.

A teacher receiving benefits under this clause shall not be eligible to receive benefits under Clause 10(2). A teacher who taught with The Board for less than five (5) years shall not be eligible for benefits under this clause.

Application for leave under this clause shall be submitted prior to March 1 for leave commencing September 1, and June 1 for leave commencing January 1.

Each application for leave shall be considered on its own merits by The Board and the applicant(s) must be notified of the Board’s decision within 30 days of the above submission dates.

A teacher who is granted leave shall, upon his/her return, be given a position no less favourable than the one he/she had before the leave, and experience increment will be allowed.

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.

ARTICLE 11 – BENEFIT PLAN

(1)   The Board shall make available group insurance to its employees, and employee participation shall be a condition of employment.

(2)   The Board shall subscribe to the insurance policies made available by the Alberta School Employee Benefit Plan (A.S.E.B.P.).

(3) a)   The Board shall make available to its employees participation in the Extended Health Care Benefit Plan of A.S.E.B.P. Only those employees insured in similar plans by their spouses may be exempted from participation.

b)   The Board will make available participation in A.S.E.B.P. Dental Plan 3. Participation in this plan shall become a condition at commencement of employment after October 1, 1983, unless covered by a spousal plan.

(4)   The Board shall pay 100% of the premiums of A.S.E.B.P., Schedule II Life Insurance, of the Extended Health Care Benefit Plan I, of the Extended Disability portion of A.S.E.B.P. Plan D., and of A.S.E.B.P. Dental Care Plan 3. It is understood that the payment of premiums of the aforementioned benefit plans shall permit the Board to retain and not pass on to teachers any rebate of premiums otherwise required under E.I. Regulations.

(5)   The Board will contribute to an individual Health Spending Account (through ASEBP) for each teacher.

$133.25 per month ($1599.00 annually)

(6)   Notwithstanding sections (1) through (5), a teacher employed under a contract by the Board that is in receipt of ATRF pension, will receive reimbursement for the costs of their ASEBP retirement benefit plan.

(7)   When a teacher on continuous contract leaves the employ of The Board on June 30, payment of benefits in July and August will continue in accordance with Clause 11(4).

ARTICLE 12 – GRIEVANCE AND ARBITRATION

(1)   A grievance is defined as any difference between an employee covered by this agreement and The Board, or as in the proper case between the A.T.A and The Board concerning the interpretation, application, operation or alleged violation of this agreement. All grievances, 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.

(2)   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, the grievance shall be considered abandoned.

(3)   The time limits specified in this article shall not include Saturdays, Sundays and other holidays. Although time is of the essence, the time limits may be extended by the consent of both parties in writing.

(4)   The grievance shall be 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 remedy or correction The Board is requested to make;

d)   The section(s) where the agreement is claimed to be violated.

(5)   An earnest effort shall be made to settle a grievance in the manner hereinafter described:

STEP 1 – The written grievance shall be promptly submitted to the Superintendent of The Board and to the secretary of the A.T.A local as the case may be, within twenty (20) days from the date of the incident giving rise to the grievance or from the date the grievor first had knowledge of the incident, whichever is later.

A Board grievance may be filed in writing within ten (10) days of the event giving rise to same and shall be submitted to the A.T.A. Local EPC Chair.

The Superintendent shall meet with the grievor who may appear with or without a representative within ten (10) days of the receipt of the grievance in order to resolve the dispute, and the Superintendent shall render his decision in writing within five (5) days of the aforementioned meeting.

STEP 2 – Failing satisfactory settlement, and within ten (10) days after the Superintendent’s response in Step 1, the written grievance may be submitted to an interpretation committee, which shall be comprised of two (2) members of The Board, and two (2) members of The Alberta Teachers' Association. The committee shall meet the grievor within ten (10) days following the receipt of the grievance, and shall endeavour to resolve the dispute, and shall render its decision within ten (10) days of the meeting.

If the interpretation committee reaches a unanimous decision as to the disposition of the grievance, that decision shall be final and binding.

STEP 3 – In the event the interpretation committee does not meet within the time prescribed in Step 2, or in the event the said committee does not reach a unanimous decision, the grievance may be processed by either of the parties to Arbitration as hereinafter provided.

(6)   The party seeking arbitration may, within ten (10) days of the date being advised that the interpretation committee failed to resolve the dispute, or that the committee failed to meet as provided, request the formation of a Board of Arbitration by notifying the other party in writing by registered mail, of its desire to arbitrate, and at the same time, shall submit the name of the person nominated by them to be their appointee on the Arbitration Board.

(7)   Within five (5) days the party receiving the above notice shall notify the above appointee and the other party of its appointee to The Board. If the party receiving the notice fails to make an appointment, the other party may request the Director of Mediation Services to make the necessary appointment.

(8)   The two (2) appointees so selected shall, within a period of five (5) days, select a third person to act as Chairman. If the appointees fail to agree on a third person to act as Chairman within five (5) days, the appointment shall be made by the Director of Mediation Services upon the request of either party.

(9)   The Arbitration Board shall determine its own procedures, but shall give full opportunity to all parties to present evidence and to be heard.

(10)   The Arbitration Board shall conduct its hearings as soon as possible following the appointment of the Chairman. The written Award of the Arbitration Board shall be given to the parties as soon as possible following completion of the hearing.

(11)   The decision of The Board is final and binding upon the parties and upon any employee affected by it. The decision of a majority of The Board members is the Award of the Arbitration Board, but if there is not a majority, the decision of the Chairman governs and it shall be deemed to be the Award of The Board.

(12)   The Arbitration Board:

a)   Shall not have power to alter or amend or modify the provisions of the Collective Agreement, or to substitute any provision or to give any decision inconsistent with the terms of this Agreement;

b)   Shall have jurisdiction to determine whether the grievance presents an arbitrable issue;

c)   Is limited in its jurisdiction to determine upon only those matters specifically raised in the grievance;

d)   Shall not entertain any matter submitted to arbitration which has not been properly carried through all the requisite steps of the Grievance Procedure.

(13)   Each party to the difference shall bear the expense of its respective appointee to the Arbitration Board and the two parties shall bear equally the expenses of the Chairman.

ARTICLE 13 – POLICY ADVISORY COMMITTEE

(1)   Both parties to this Collective Agreement agree to establish a Policy Advisory Committee consisting of the following membership:

a)   Three (3) teachers employed by the Red Deer Catholic Regional Division No. 39;

b)   Two (2) Trustees;

c)   The Superintendent of Schools.

The Board agrees to consult with the Policy Advisory Committee on proposed changes, which directly affect teachers, to the Policy Manual prior to implementing such changes.

(2)   No more than one (1) Trustee sitting on The Board’s Negotiating Committee and no more than one (1) teacher sitting on the Association’s Economic Policy Committee may sit on the Policy Advisory Committee.

ARTICLE 14 – GENERAL

(1)   Nothing herein shall reduce the salary of a teacher below the amount payable immediately prior to the effective date of this Agreement.

This clause shall be suspended for the term of this agreement.

(2)   Noon hour supervision shall be the responsibility of each individual school. Each school shall have the right to hire personnel to perform noon hour supervision. Notwithstanding, all teachers shall have a ½ hour duty-free lunch break each day.

(3)   Prior to the establishment of the school year, the Board will submit a draft of the proposed school year calendar to the Policy Advisory Committee for their input and recommendations.

(4)   It is recognized that parent/teacher conferences may be scheduled after 4:00 p.m. When a teacher participates in scheduled conferences after 4:00 p.m., an amount of time free of duties equal to that scheduled, to a maximum of one school day for each set of parent/teacher conferences, shall be provided to the teacher on the day following the scheduled parent/teacher conferences.

(5)   A teacher on a continuous full-time contract who volunteers for a part-time assignment shall, at the commencement of the subsequent school year, revert back to a full-time assignment (1.0 FTE) unless, prior to April 1, the teacher requests and receives a continuous part-time assignment. The teacher will be required to sign a continuous part-time contract at this time.

(6)   Teachers on a continuous part-time contract shall not have their full-time equivalent status vary more than plus or minus .2 FTE without mutual consent of both parties.

ARTICLE 15 – LEAVES OF ABSENCE

(1)   The Board may grant additional leaves not covered elsewhere in this agreement with pay and benefits, without pay and benefits, or without pay and with benefits.

(2) (i)   Effective September 1, 2012, a teacher may request from the Superintendent or designate a maximum of two (2) days off per school year for personal reasons. The first approved day shall be at no cost to the teacher. For the second approved day, the teacher shall reimburse the Board for the cost of a substitute teacher, regardless of whether a substitute teacher is required.

(ii)   Effective September 1, 2014, the second approved day shall be at no cost to the teacher.

(iii)   Except in the case of a request under sub-clause 2 (vi), a request for leave for personal reasons must be made in accordance with the following conditions:

(a) in writing

(b) on the form established by the school division

(c) to the Superintendent or designate, through the teacher’s principal or supervisor,

(d) at least two (2) weeks in advance of the date(s) the teacher wishes to use the personal leave days,

(e) stating the replacement arrangement to be put in place should the requested days be approved, and

(f) the availability of a substitute teacher (if required) at the time of the request.

No reasons need to be provided under this Article.

(iv)   Without the permission of the Superintendent or designate, the second or carried forward third personal leave days shall not be used:

(a) in conjunction with any holiday or holiday period exceeding three (3) days, including weekends

(b) during any scheduled Parent-Teacher Interview days,

(c) to engage in any activity for financial gain

(d) during scheduled professional development days, or

(e) during observed ‘faith day(s)’ set by the school division

(v)   One unused personal leave day from the current school year may be moved forward to the next school year for use in that school year, however, that carried forward personal leave day shall not be carried forward a second time. The maximum number of personal leave days that can be approved in any school year shall not exceed three (3) personal leave days.

(vi)   In the case of emergency, a request may be made by the teacher directly to the Superintendent or designate by phone, with confirmation in writing in accordance with the conditions set out above.

(vii)   The provisions of this article shall apply to part-time teachers on a pro-rata basis as specified in Article 1(3).

(viii)   Upon ratification of a collective agreement by the parties following August 31, 2016, unless otherwise agreed by the parties, clauses 2 (ii) and (iv) shall terminate.

(3) a)   Teachers shall be entitled to the provisions of Maternity Leave (15 weeks) and Parental Leave (37 weeks) as outlined in the Employment Standards Code. The Board will make available the combined leave provisions for adoption (52 weeks).

b)   When a teacher is unable to attend work and perform duties for reasons associated with her pregnancy, the teacher shall be eligible for one of the following options:

(i) If the absence begins 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 Benefit.

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

(a) The Board shall implement and maintain a Supplementary Unemployment Benefit (SUB) Plan, which shall provide teachers on maternity leave with 95 percent of their weekly salary under the SUB Plan during 13 weeks of leave. The Board shall pay the portion of the teacher’s benefit plan premiums specified in Article 11 of the Collective Agreement for the 13-week period.

(b) The teacher may access sick leave entitlement with pay as specified in Clause 9(4) of the Collective Agreement for the period of sickness or disability.

(c) The teacher will be eligible to apply, and shall apply for, extended disability benefits should the illness-related absence due to pregnancy extend beyond the 13-week period.

(d) The Board shall implement and maintain a Supplementary Unemployment Benefit (SUB) Plan, which shall provide teachers on adoption leave with 95 percent of their weekly salary under the SUB Plan during 13 weeks of leave. The Board shall pay the portion of the teacher’s benefit plan premiums specified in Article 11 of the Collective Agreement for the 13-week period.

(4)   A teacher is entitled to a maximum of five teaching days for each occurrence because of critical illness and a maximum of five teaching days due to the death of a spouse, child, parent, legal guardian, brother, sister, parents of spouse, grandparents, grandchildren, grandparents of spouse, brother-in-law, sister-in-law or a relative who is a member of the teacher’s household, and up to three teaching days to attend the funerals of aunts or uncles of the teacher or spouse or nieces or nephews of the teacher or spouse or close personal friends.

(5)   Effective February 1, 2008, the Superintendent or designate may grant leave of absence with pay and benefits where a teacher is prevented from traveling from the teacher’s usual place of residence to work because of impassable roads due to inclement weather. Impassable roads mean roads temporarily closed by municipal or provincial authorities or, a reasonable effort to travel to work has been made by the teacher, but due to road conditions, the teacher was unable to attend at work. Where roads are reopened or become passable during the workday, the teacher is expected to attend at their place of work.

(6)   Effective September 1, 2007, each teacher is entitled to two days of parental leave to attend to the birth or adoption of their child at no cost to the teacher.

ARTICLE 16 – JOB SHARING

(1)   Where two or more teachers wish to share one full-time teaching position, they may apply to The Board for a shared job assignment. Such application must be made no later than April 30 of the school year immediately preceding the year in which the job sharing is to take place.

(2)   A shared job assignment may be granted by The Board in accordance with the following terms.

a)   The proportion of a full-time position taught by each teacher shall be mutually decided by the teachers and must be agreeable to The Board.

b)   Notwithstanding any other clause in this agreement, the cost of premiums for benefits for which the teachers are eligible under the terms of this agreement (Article 11) shall be shared between each teacher and The Board. The Board shall be responsible for the proportion of benefit costs equal to the proportion of the full-time position taught by each teacher. Where a teacher has a job share and part-time position, benefits shall be pro-rated based on the total full-time equivalency.

c)   On approval of the application of the teachers, The Board shall grant the shared job assignment for a guaranteed period of one school year. By April 30 in the school year of the shared job assignment, the teachers involved must advise The Board that they wish to return to their former status or they must apply for a continuation of the shared job assignment.

ARTICLE 17 – INVOLUNTARY TRANSFER

(1)   A Board requiring a teacher to transfer to another school exceeding a distance of 55 km. from Montfort Centre shall pay the reasonable moving expenses necessarily incurred by his/her family as a result of such transfer, providing such transfer requires a change of residence.

(2)   Where the Board initiates the transfer of an administrator or an adjustment of school attendance areas, his/her salary will be red circled for three years. The administrator will receive the higher: his/her current salary frozen at the June 30 rate; or the salary of the school he/she has been designated to. After the three-year period; the administrator’s salary will be governed by Article 4 of this Agreement.

ARTICLE 18 – PAYMENT FOR TEACHERS IN YEAR-ROUND EDUCATION

(1)   Year-Round Education means the organization of a school in which students are provided with instruction for a maximum of 200 days as per the School Act. The school year shall be divided into four instructional periods of appropriate equal duration, separated by vacation or intercessional periods.

(2)   The Year-Round Education school year shall begin on or about August 1, and end on or about June 30.

(3)   For teachers teaching in a Year-Round Education program, their annual salary shall be computed on the same basis as all teachers covered by the collective agreement.

(4)   For those teachers in a Year-Round Education program, employed by the board or with another school jurisdiction in Alberta prior to their start of teaching in the Year-Round Education program, their salary will be paid in twelve equal monthly installments for the months of September to August in any given year.

(5)   For those teachers, teaching in a Year-Round Education program, new to the teaching profession in Alberta, their salary will be paid in one of two ways:

i) Salary and benefits shall be paid in twelve equal installments from August to July in each year;

ii) Salary and benefits will be paid in twelve equal installments from September to August in each year. An advance is available in the month of August in the first year of employment with the board and will be recouped equally from the September, October and November cheques. Teachers will be eligible for benefit coverage effective August 1 in the year of employment with the board.

(6)   The vacation or intercession periods shall be deemed as non-instructional periods for teachers assigned to the Year-Round Education program.

ARTICLE 19 – ADMINISTRATOR LIEU TIME

(1)   In recognition of the administrative responsibilities and time commitments required of principals and vice-principals, it is acknowledged that a degree of flexibility should exist with respect to the work schedules of school based administrators.

(2)   Principals shall be eligible to be absent from duty for two operational days during each school year, and vice-principals shall be eligible to be absent from duty for one operational day during each school year.

Effective February 1, 2008, principals shall be eligible to be absent from duty for two operational days during each school year, and vice-principals shall be eligible to be absent from duty for two operational days during each school year. Such lieu time shall be at no cost to the administrator.

(3)   These absences will be with full salary and benefits. These absences require the notification and approval of the Superintendent of Schools.

ARTICLE 20 – ATA PRESIDENT LIEU TIME

Subject to operational requirements and the approval of the Superintendent, a teacher who is elected president of Local 80 shall be granted a 0.2 FTE release time for one year without pay, and the Local shall reimburse this cost to the Board, with no cost to the Board.

ARTICLE 21 – PROFESSIONAL DEVELOPMENT

(1)   Effective September 1, 2012, the Board will allocate an amount of $500.00 per teacher per year for personal professional development. The $500.00 per year can be accumulated to a maximum of $1,500.00. Substitute teacher costs for the teacher while attending a professional development activity will be reimbursed from their personal professional development fund.

a)   Effective September 1, 2014, the Board will allocated an amount of $525 per teacher per year for personal professional development. The $525 per year can be accumulated to a maximum of $1,575. Substitute teacher costs for the teacher while attending a professional development activity will be reimbursed from their personal professional development fund. Upon ratification of a collective agreement by the parties following August 31, 2016, unless otherwise agreed by the parties, clause 21 (1) (a) shall terminate and clause 21 (1) shall apply.

(2)   A teacher’s absence for any professional development activity will not exceed two teacher days per year, unless approved by the teacher’s principal. The professional development activity shall adhere to the goals of the Division Professional Development Plan.

ARTICLE 22 – DATE OF AGREEMENT

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

IN WITNESS WHEREOF the parties have executed this agreement this

16th day of March, 2015.


LETTER OF UNDERSTANDING

BETWEEN

THE RED DEER CATHOLIC REGIONAL DIVISION NO. 39

AND

THE ALBERTA TEACHERS’ ASSOCIATION LOCAL NO. 80

(1)   Instructional Time

a)   A teacher will not be assigned instructional duties in excess of 906 hours per year.

b)   The 906 hours has been agreed to in the context of the 2004-05 instructional hour requirement of Alberta Education. If this requirement changes, the Board and A.T.A. agree to revisit this Letter of Understanding.

(2)   Extra-Curricular Activities

a)   Extra-curricular activities are a beneficial aspect of school life to both the teacher and the student.

b)   It is recognized that there are circumstances in a teacher’s life that may exclude them from participation in extra-curricular activities.

This Letter of Understanding is in effect for the term September 1, 2012 to August 31, 2016.


LETTER OF UNDERSTANDING

BETWEEN

THE RED DEER CATHOLIC REGIONAL DIVISION NO. 39

AND

THE ALBERTA TEACHERS’ ASSOCIATION LOCAL NO. 80

Classroom Learning Conditions and Pupil Teacher Ratio

The Board of Trustees of the Red Deer Catholic Regional Division No. 39 has been and continues to be committed to providing the best possible learning conditions for its students. The Board and its teachers acknowledge and recognize that lower class size (lower learning group size) play a significant role in the establishment of optimal teaching and learning environments.

The Board has dedicated instructional funding to address classroom sizes. This was achieved through increasing the complement of teachers in the Division. The initiative resulted in an increase of Full-Time Equivalent (FTE) teachers from 265.09 to 283.85 and a reduction in the Division Pupil Teacher Ratio (PTR) from 17.53:1 in 2000/2001 to 17.33:1 in 2001/2002. The result was an overall decrease in class size within the system, especially in K-3 grades. Furthermore, the Board continues to be committed to make a reasonable effort, given resources to:

i) Maintain the current Pupil Teacher Ratio for grades K-3; and

ii) Sustain or reduce the Division PTR.

BETWEEN

THE RED DEER CATHOLIC REGIONAL DIVISION NO. 39

AND

THE ALBERTA TEACHERS’ ASSOCIATION LOCAL NO. 80

Alberta Health Care Insurance Premiums

In the event that Alberta Health Care premiums are reintroduced during the term of this collective agreement, the Board will pay the premiums for eligible teachers up to $33.00 per month for single coverage or $66.00 per month for family coverage.


LETTER OF UNDERSTANDING

BETWEEN

THE RED DEER CATHOLIC REGIONAL DIVISION NO. 39

AND

THE ALBERTA TEACHERS’ ASSOCIATION LOCAL NO. 80

Benefit Plan Review

The parties agree to form a committee to investigate alternate benefit carriers which will provide equivalent coverage to the ASEBP group benefit plans as named in Article 11 at a reduced cost. Equivalent shall mean at least the same level of benefits and appeal processes where applicable. The committee will be comprised of three representatives of the local and three representatives of the Board. A final report will be provided to the Chair of the Board and the President of the Local by December 31, 2015 in order to inform the next round of bargaining.


LETTER OF UNDERSTANDING

BETWEEN

THE BOARD OF TRUSTEES OF RED DEER CATHOLIC REGIONAL DIVISION NO. 39

AND

THE ALBERTA TEACHERS’ ASSOCIATION LOCAL NO. 80

Substitute Teachers for Proctoring of Students During Final Examinations and Diploma Examinations at RDCRD No. 39 High Schools

The parties agree that during the final examinations days at high schools in Red Deer Catholic Regional Division No. 39, which occur on or about the last 2 weeks of January and June of each school year, Substitute Teachers who are hired to proctor students during these final examinations and Alberta Education Diploma examinations ("Final Examination Days") and undertake related duties assigned by the Principal or designate, will be paid the rate identified in Article 8(1) of this Collective Agreement for the duration of the Final Examination Days notwithstanding the length of hire.

Furthermore, the parties agree that the Substitute Teacher hired by the Board to perform duties assigned by the Principal or designate related to organizing the distribution and collection of the examinations, and organizing the Substitute Teachers to proctor the students during the Final Examination Days will be paid pursuant to Article 8(2) of this Collective Agreement.