This agreement is made in duplicate this ____ day of _________, 2014, AD pursuant to the School Act as amended and the Labour Relations Code, 2000.
Between the Board of Trustees of the St Thomas Aquinas Roman Catholic Separate Regional Division No 38, 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 terms and conditions of employment and salaries have been the subject of negotiations 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:
1. This agreement constitutes the entire agreement between the Board and the Association and shall become effective on and shall continue in force and effect from September 1, 2012 to August 31, 2016 and shall automatically continue from year to year thereafter, unless written notice to commence collective bargaining is submitted from either party not less than 60 calendar days and not more than 150 calendar days preceding the expiry of the term of the collective agreement. Following the giving of such notice the representatives shall commence collective bargaining within 30 calendar days.
1.1 Where such notice is served, the provisions of this agreement contained herein shall continue beyond the termination date until a new agreement is reached through collective bargaining, or until a strike/lockout commences, whichever comes first.
1.2 At the first meeting between the parties they shall exchange all amendments sought. Bargaining shall be expressly limited to the written items contained in the two lists of amendments.
1.3 All employees who as a condition of their employment are required to hold a teaching certificate, shall be members of the Alberta Teachers’ Association.
(a) Notwithstanding clause 1.3, the following positions are excluded from the bargaining unit:
(ii) Assistant Superintendent.
1.4 The amount of university education of a teacher and the years of teaching experience computed as hereinafter provided shall together determine the annual rate of salary to be paid to each teacher employed by the Board.
1.5 (a) The following are the minimum and maximum salary rates and the experience increments for each year of university education.
Salary Grid - September 1, 2012
1.5 Salary Grid
|Years of Teacher Experience
||Years of Teacher Training
(b) Effective September 1, 2015
|Years of Teacher Experience
||Years of Teacher Training
(c) 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 and paid no later than the end of December of 2015.
1.6 Save and except for substitute teachers, each teacher shall be paid 1/12 of his/her annual rate of salary on or before the 25 day of the month from September to August inclusive provided that the December payment shall be made prior to the last teaching day in December.
(a) Payment shall be made by automatic deposit.
2.0 ADDITIONAL ALLOWANCES
2.1 In addition to the salary under clause 1.5, the principal shall receive an allowance based on numbers of students supervised in the 3-level range below:
Effective September 1, 2015
The principal’s allowance shall be increased year-over-year by the same percentage increases as the salary grid.
2.2 A vice-principal shall be paid 50 per cent of the principal's allowance.
2.3 In the absence of the principal and vice-principal a teacher shall be designated by the superintendent to be an acting principal and shall be paid, on a daily basis, 1/200 of the vice-principal's allowance. On the sixth day, the teacher designate will receive 1/200 of the principal’s allowance.
2.4 A teacher who has successfully completed a certificate in theological studies (prior to September 1, 2012) and/or the certificate in Catholic School Administration from Newman Theological College in Edmonton, Alberta, as recognized by the Board will be paid an annual allowance of $1289.85, provided that these certificates are not recognized by Teacher Qualification Services for grid placement. Effective September 1, 2015 the allowance will be $1315.65
Effective September 1, 2008 to August 30, 2012
The Theological Studies Allowance shall be increased year-over-year by the same percentage increases as the salary grid.
2.5 The Superintendent may appoint Divisional Directors where such positions are deemed necessary by the Board. Divisional Director shall be paid a salary equal to their grid placement plus 30 per cent of the 0-400 student allowance as listed in clause 2.1. The current directors are as follows:
(a) Director of Faith Life and Curriculum
(b) Director of Curriculum and Professional Development
(c) Director of Student Services
2.6 In the case that the Superintendent or his or her designate transfers an administrator, the affected administrator’s administrative allowance shall not be reduced below their current administrative allowance for two school years following the transfer. If the administrator requests a transfer, the affected administrator’s administrative allowance shall be paid at the rate prescribed in Clause 2.1.
3. DESIGNATION OF VICE-PRINCIPAL
3.1 In a school where there is no vice-principal, a teacher shall be designated by the superintendent to be the relief principal in the absence of the principal and shall be paid, on a daily basis, 1/200 of 50 per cent of the principal's allowance.
3.2 In a school where there are two hundred or more full-time equivalent students, the superintendent may designate one teacher to be vice-principal unless an alternative administrative agreement is deemed to be more practical after consultation between the superintendent and the principal of the school concerned.
3.3 When, in the absence of the principal, the vice-principal acts in relief of the principal for a period of five or more consecutive operational days, the vice-principal shall assume the position of acting principal and shall receive an allowance equivalent to that of the principal for the period from and including the sixth day until the return of the regular principal.
4. RECOGNITION OF TEACHER EDUCATION
4.1 The evaluation of teacher education for salary purposes shall be determined by a statement of qualifications issued by the Alberta Teachers' Association Teacher Qualifications Service in accordance with the policies and principles approved by the Teacher Salary Qualifications Board (TSQB), established by memorandum of agreement among the Department of Education, the Alberta Teachers' Association, and the Alberta School Trustees' Association, dated March 23, 1967.
4.2 The adjustment dates for changes in the evaluation of teacher education as determined by the TSQB are September 1 and February 1 of each year.
4.3 Teachers commencing employment with the Board shall supply satisfactory evidence or proof of application for evidence of teacher education to the Board within 45 calendar days from commencement of employment.
If satisfactory evidence is not submitted within 45 calendar days, salary will be adjusted as per clause 4.2. Until a current TSQB evaluation statement is submitted to the superintendent or designate, teachers new to the division shall be deemed to have four years of teacher education.
5. RECOGNITION OF TEACHING EXPERIENCE
5.1 An experience increment for full-time teachers shall be earned by a teacher for any school year in which he/she has been employed by the Board or another Board as a teacher for not less than 150 days on a full-time basis.
A teacher requesting that the Board recognize experience earned with a previous board shall provide to the Board written confirmation from the previous board certifying that:
a) The experience was earned while the teacher was in possession of a valid teaching certificate, and
b) The position held while earning the experience was one that required a valid teaching certificate.
This written confirmation shall be signed by the designated officer of the previous board or institution. The written confirmation shall establish the teacher’s placement on the salary grid and shall certify the experience which would have been recognized by the previous board had the teacher remained in active duty with that board.
For the purpose of clauses in this section, teaching experience shall include the following:
a) Days under contract (continuing, interim, probationary and temporary) to a board in a position which requires a teaching certificate as a condition of employment, excluding leaves of absence without salary and vacation periods;
b) Days taught for the Alberta Distance Learning Center;
c) Days taught in a post-secondary institution following teacher certification.
d) Substitute days as per clause 6.5.
5.2 Full-time teachers employed less than 150 days in any school year, with the Board or another Board, shall earn an experience increment after 150 days of service.
5.3 Teachers employed by the Board or a previous Board on a part-time basis must accumulate the equivalent of 125 days of full-time equivalent service to earn an experience increment.
For purposes of introducing the change to 125 days, part-time teachers who have accumulated the 125 days since the teacher’s last increment as of September 1, 1997 or February 1, 1998 shall be eligible to receive one increment.
5.4 The adjustment date for changes in the number of increments allowed for teaching experience shall be on September 1 and February 1.
5.5 Until satisfactory proof of experience is submitted to the superintendent or designate, all teachers new to the division shall be deemed to have zero years of experience on the salary grid. If proof of application for such proof is forwarded to the superintendent or designate within 45 days of commencement of employment the superintendent or designate shall adjust the teacher's salary retroactively to the commencement of employment. If satisfactory evidence is not submitted within 45 calendar days, salary will be adjusted as per clause 5.4.
5.6 A teacher shall be granted only one experience increment during any school year.
6. VOCATIONAL AND CAREER AND TECHNOLOGY STUDY TEACHERS
6.1 A vocational and Career and Technology Studies teacher is a person who holds a valid Alberta teaching certificate and a journeyman trade certificate.
6.2 The Board shall have the right to determine the initial grid placement as they deem reasonable and necessary.
6.3 Recognition of one year of education beyond the evaluation granted according to article 4 of this collective agreement may be given by the Board to vocational and/or Career and Technology Studies Teachers who possess any or all of the following qualifications which have not contributed to the evaluation under article 4:
a) A certificate of proficiency in a designated trade (journeyman’s certificate or master’s ticket), in the field related to the teacher’s assignment, recognized by the Alberta Apprenticeship Board;.
b) Successful completion of a two-year course in a field related to the teacher’s assignment at a school of technology.
6.4 A vocational and Career and Technology Study Teacher who no longer teaches courses in the field related to their journeyman or ticket qualifications will not retain the additional educational recognition.
6.5 Recognition of relevant trade experience which has not contributed to the evaluation of experience granted under article 5 of this collective agreement may be granted by the Board as valid experience for grid placement under the following conditions:
a) The trade experience was obtained while holding a valid journeyman’s certificate or master’s ticket and must be in a field related to the teacher’s assignment of which the teacher is teaching a minimum of 0.5 full-time equivalent.
b) Such experience must be in the vocational area that the candidate is registered in while pursuing the university vocational education program.
c) One year of experience on the grid will be granted for each year of full-time vocational experience up to a maximum of seven years.
7. SUBSTITUTE TEACHERS
7.1 A substitute teacher is a teacher employed on a day to day or half day basis where a contract of employment is not in effect.
7.2 Teachers engaged as substitutes shall hold a valid Alberta teaching certificate. Substitute teachers shall be paid .0037 times the grid figure for four years of education and zero years of experience for each full day of work and half of the full day rate for each half day of work. This rate is inclusive of vacation pay.
7.3 A substitute teacher shall be paid a minimum of one half day at the rate indicated in clause 7.2 for each partial day worked. If the assignment includes time in both the morning and afternoon the substitute shall be paid for a full day.
7.4 Rate of pay for a teacher employed on a substitute basis who fills the same teaching position for more than five consecutive instructional days in the same position, shall be paid effective the sixth instructional day according to placement on the salary grid, subject to the terms of this agreement.
Notwithstanding the foregoing, if an individual employed as a teacher is also employed as a substitute teacher, the total pay for any day shall not exceed 1/200 of the applicable grid rate of the individual at 1.0 FTE.
7.5 All substitution days taught after March 1, 2002, with the St Thomas Aquinas School Board will be considered for experience increments, when a teacher is hired by the Board. For an increment, a substitute teacher shall work the equivalent of 150 days.
8. CUMULATIVE SICK LEAVE
8.1 Annual sick leave with pay will be granted to a teacher for the purpose of obtaining necessary medical or dental treatment or because of accident, sickness or disability, in accordance with the following schedule:
(a) In the first year of service with the Board, a teacher shall be entitled to sick leave as follows:
(i) An accumulation of the maximum statutory sick leave of 20 days accumulated at two days per month.
(ii) Should sick leave exceed the number of days of sick leave entitlement resulting in salary deduction, subsequently accumulated sick leave entitlement, to a maximum of 20 days, in the same school year shall be applied and any salary adjustment required shall be made on the last cheque issued to the teacher for the current school year.
(b) During the second and subsequent years of continuous service, 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.
8.2 After 90 calendar days of continuous absence due to medical disability, no further salary shall be paid and the Alberta School Employee Benefit Plan - Extended Disability Plan D shall take effect.
8.3 Where a teacher has suffered an illness and/or has been paid under the provisions of the Alberta School Employee Benefit Plan, upon his/her return to full-time duty, he/she shall be entitled to an additional sick leave benefit in the current year in accordance with the following schedule to a maximum of:
Less than one year of service - nil
After one year of service - 90 calendar days.
8.4 When a teacher leaves the employ of a Board all sick leave shall be cancelled.
8.5 A teacher who is absent from school duties to obtain necessary medical or dental treatment or because of accident, disability or sickness for a period of three consecutive teaching days or more may be required by the superintendent to present a signed doctor's certificate stating the reason for such absence.
8.6 A teacher may use up to five days of his/her sick leave per school year in order:
(a) to care for his/her sick child, providing the other spouse is not available;
(b) to care for his/her child if the spouse is incapacitated;
(c) to care for his/her sick spouse; or
(d) to attend to the medical or dental needs of immediate family members.
9. EDUCATIONAL SUBSIDY PROGRAM
9.1 The Board will commit 0.50 of one per cent of the previous year’s total certificated staff salary expenditures as reported in the Audited Financial Statement for the purpose of implementing the educational subsidy program.
9.2 The Board will pay 75 per cent of costs incurred for tuition fees and text books, to a teacher for successfully completed courses offered by a post secondary institution in Alberta approved by the Superintendent. These courses will be completed outside of teacher instructional time (evening, summer, online, and weekend).
9.3 For courses successfully completed at a post secondary institution outside of Alberta and approved by the Superintendent, the reimbursement will be 75 per cent of the cost of the course (tuition fees and books) or 75 per cent of the equivalent cost of a University of Alberta undergraduate or graduate course, whichever is least.
9.4 Priority will be given to teachers:
a) taking courses pertinent to their role as a teacher in the division.
b) meeting the objectives of their Teacher Professional Growth Plan.
c) completing courses aimed at meeting the requirements of a post-graduate certificate or degree.
9.5 Application must be made in writing to the superintendent of schools, or designate, before enrolment. Should an application be refused, a letter of explanation stating the reason/reasons for refusal shall be provided to the applicant.
9.6 The subsidy will be paid upon proof of successful completion and presentation of documents relating to the cost of the course.
9.7 The Board shall provide an annual statement of the activities of the educational subsidy program to the EPC Chair of the bargaining unit following the release of the approved Audited Financial Statement.
9.8 Teachers must be employed by the Board for a minimum of the equivalent of two (2) years of full time and be under a continuous contract to be eligible for the educational subsidy program.
10. LEAVE OF ABSENCE
10.1 Maternity, Adoption and Parenting Leave
(a) Maternity Leave (Health Related Portion)
(i) Maternity leave shall be for 15 weeks.
(ii) The teacher shall give as much notice as possible but at least two weeks prior to commencement of this leave.
(iii) The teacher shall make application for employment insurance maternity benefits.
(iv) The Board shall have in place an "EI" "sub plan" so that the teacher shall receive 95 per cent of her regular pay. Effective September 1, 2014, the teacher shall receive 100 percent of her regular pay.
(v) The Board shall pay the health and benefit premiums that were in effect prior to the leave.
(vi) The teacher shall provide to the Board a letter from the teacher's doctor attesting to the teacher's pregnancy and estimated date of delivery.
(vii) The teacher shall provide the Board with a copy of one EI cheque stub.
(b) Adoption Leave
(i) Adoption leave shall be granted without pay and without the Board’s share of benefit premium contributions for a maximum of 37 weeks.
(ii) The teacher shall inform the Board of the approval to adopt at the earliest opportunity.
(iii) The teacher shall give as much notice as possible but at least two weeks prior to the commencement of this leave unless the teacher receives less notice.
(c) Parenting Leave
(i) In addition, a teacher is eligible for a parenting leave to commence either immediately following Maternity Leave or Adoption Leave, the commencement of a school year or at a date mutually agreed upon by the teacher and the Board. Such leave shall not exceed 52 weeks when combined with adoption or maternity leave. Such leave shall be without pay, benefits or sickness allowances and the period of absence will not be granted for the granting of experience increments. Upon returning to employment there shall be full reinstatement of accumulated benefits to the date of the commencement of the leave.
(ii) The Board is not required to grant adoption leave or parenting leave to more than one parent of an adoptive child.
(iii) Provided the insurance carrier allows, a teacher on adoption leave or parenting leave may make arrangements through the Board to prepay premiums for applicable insurance benefits.
(iv) A teacher shall be returned to the position held immediately prior to the leave unless, through program changes or staff reductions, that position is not available, or the teacher and the Board mutually agree to a different placement.
10.2 A teacher is entitled to temporary leave of absence with pay and such leave is deemed to be authorized leave of absence of the Board pursuant to section 111(1.d.i) of the School Act, 2000 where such teacher is absent:
(a) (i) For not more than five teaching days for the purpose of attending the sick bed of critically ill relatives hereinafter defined or in order to attend the funeral of such deceased relatives. This provision shall apply in the event of critical illness or death of spouse, child or stepchild, parent or stepparent, son-in-law, daughter-in-law, grandchild, brother or stepbrother, sister or stepsister, parent of spouse, grandparents or grandparents of spouse;
(ii) For one day plus reasonable travel time, to a maximum total of three days to attend the funeral of brother-in-law, sister-in-law, aunt, uncle, niece, nephew or other relative who is a member of the teacher's household.
(b) For up to three (3) days per school year for personal business, the first and second day at no cost to the teacher and the third day at the cost of a substitute to be borne by the teacher. Effective September 1, 2014, the cost for the third personal day will be reduced to 50 percent of the cost of a substitute. To ensure the least disruption to students' programs, teachers must inform their principal with sufficient prior notice to obtain a replacement. The principal must inform the superintendent in a similar manner.
(c) Salary of a teacher will be maintained and no deduction will be made for the cost of the substitute if the teacher is subpoenaed for court jury duty or as a witness, providing the teacher reimburses any court-paid stipend to the Board.
(d) Because, despite reasonable efforts, he/she is unable to travel to his/her school from his/her usual place of residence because of:
(i) inclement weather,
(ii) impassable road conditions, or
(iii) the failure of transportation facilities other than his/her own.
(e) The ATA and the Board agree to issue a joint memo to all teachers and administrators
10.3 Paternity - A teacher shall be granted, upon notification to the principal, up to one day's leave with pay at the time of his child's birth or to take custody of an adopted child.
10.4 Additional leaves of absence may be granted by the Board with pay and benefits or without pay and without employer contributions to health plan premiums at the discretion of the Board.
10.5 Association Business - The Board shall grant leave of absence with full pay for teachers who are absent to attend to business at the Local level approved by the Alberta Teachers' Association provided that the Board is reimbursed for the cost of a substitute as per article 7.2 for each day of absence. Leave shall not exceed five days per year.
10.6 ATA President Lieu Time – Subject to operational requirements and the approval of the superintendent, a teacher who is elected president of Local 8 shall be granted a 0.2 full time equivalent release time without pay, and the local shall reimburse this cost to the Board, with no cost to the Board.
11. INSURANCE AND HEALTH CARE
11.1 The Board shall contribute 96.5 per cent of the premiums of the following benefits (11.1.1; 11.1.2; 11.1.3; 11.1.4; 11.1.5) for full-time teachers. The Board shall contribute 96.5per cent of the premiums of the following benefits (11.1.2; 11.1.3; 11.1.4; 11.1.5) prorated for part-time teachers as per the following formula:
FTE x 96.5 per cent
n = per cent of part-time
FTE = 1
Effective September 1, 2014, the Board shall contribute 97.5 per cent as per the above formula.
Effective September 1, 2015, the Board shall contribute 100 per cent as per the above formula.
11.1.1 Alberta School Employee Benefit Plan Life Insurance policy, Schedule 2 and Extended Disability Insurance, Plan D. Participation in the insurance is mandatory and a condition of employment.
11.1.2 Alberta Health Care
11.1.3 Alberta School Employee Benefit Plan Extended Health Care Plan 1
11.1.4 Alberta School Employee Benefit Dental Plan 3
11.1.5 Alberta School Employee Benefit Vision Care Plan 3
11.1.6 Any savings realized by the Board as a result of reduced employment insurance benefits shall be used by the Board to reduce its cost of insurance and health care.
11.2 Health Spending Account
11.2.1 Effective September 1, 2006, the Board will establish for each eligible teacher a Health Spending Account that is administered by ASEBP and adheres to Canada Revenue Agency (CRA) requirements. “Eligible teacher” under this provision means a teacher with more than six month’s service with the Board and employed by the Board under a continuing, probationary or temporary contract of at least five months duration as of September 1 to October 31 of the school year.
Effective September 1, 2014 the Board will switch the HSA to a quarterly plan.
The Board will contribute $650 per school year to a Health Spending Account for the benefit of each eligible teacher and his/her dependant(s). Any unused balance will be carried forward for a total accumulation of two years. Teachers leaving the employ of the Board will forfeit any unused balance. The contribution to the Health spending Account will be increased as follows:
Effective September 1, 2014 the Board shall contribute $700 toward the Health Spending Account.
Effective September 1, 2015 the Board shall contribute $730 toward the Health Spending Account.
12.1 Any difference between any teacher covered by this agreement and the Board, or in a proper case between the Alberta Teachers' Association and the Board concerning the interpretation, application, operation or alleged violation of this agreement and further including any dispute as to whether the difference is arbitrable, shall be dealt with as follows, without stoppage of work or refusal to perform work.
12.2 (a) Step "A" - Such difference (hereinafter called "a grievance") shall be promptly submitted in writing to the secretary of the Board and to the secretary of the Local of the Alberta Teachers' Association as the case may be. Such written submission shall be made within 30 days from the date of the incident giving rise to the grievance or from the date the grievor first had knowledge of the incident, whichever is later. Such grievance shall set out the nature of the grievance, the articles of this agreement which it is alleged have been violated and remedy sought. It shall be the responsibility of the respondent of the grievance to arrange a meeting with the grievor or his/her representative within 10 days of receiving notice of the grievance.
(b) Step "B" - In the event the grievance is not settled within 15 days after the date of submission of the grievance in accordance with Step A, then on or before a further five days have elapsed from the expiration of the aforesaid 15 day time period, the grievance shall be referred in writing by the grievor specifically and at the same time to the following: the chair of the Economic Policy Committee, and the secretary-treasurer of the St Thomas Aquinas Roman Catholic Separate Regional Division No 38. Such grievance committee shall be composed of two representatives of the St Thomas Aquinas Roman Catholic Separate Regional Division No 38 Board and two representatives of the Alberta Teachers' Association. The chair of the responding party shall contact the chair of the grieving party to set an appropriate date, place and time to meet in order to attempt to resolve the dispute. The grievance committee shall render its decision in respect of the grievance within 21 days following the receipt of the submission. If the grievance committee reaches a unanimous decision as to the disposition of the grievance, that decision shall be final and binding.
(c) Step "C" - In the event the grievance committee does not meet within 21 days following the receipt of the submission or in the event the said committee does not reach a unanimous decision within the said time, then either party may by written notice require the establishment of an arbitration board as hereinafter provided. Such notice must be given within 10 days after the aforesaid 21 day time limit expires or if the grievance committee fails to render a unanimous decision.
12.3 Each party shall appoint one member as its representative on the arbitration board within seven days of such notice and the two members shall endeavor to select an independent chair.
12.4 If the two members fail to select a chair within five days after the day on which the latter of the two members is appointed, they shall request the director of mediation services to select a chair.
12.5 The arbitration board shall determine its own procedure but shall give full opportunity to all parties to present evidence and to be heard.
12.6 The arbitration board shall not change, modify or alter any of the terms of this agreement.
12.7 The arbitration board shall give its decision not later than 14 days after the appointment of the chair except with the consent of the St Thomas Aquinas Roman Catholic Separate Regional Division No 38 and the Association, by whose joint consent only shall such limitations of time be extended. The findings and decisions of a majority of an arbitration board shall be the findings and decisions of the arbitration board and shall be binding on the parties.
12.8 Each party to a grievance shall bear the expenses of its respective nominee and the two parties shall bear equally the expenses of the chair.
12.9 Where any references in clauses 11.1 to 11.6 inclusive are to a period of days, such period shall be exclusive of Saturdays, Sundays, statutory and Board declared holidays.
12.10 The purpose of the grievance procedure is to ensure that all grievances are processed properly and expeditiously. Therefore, 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 written agreement of both parties.
13. This agreement shall enure to the benefit of and be binding upon the parties and their successors for the period of the collective agreement.
14. MANAGEMENT RIGHTS AND RESERVATIONS
The Board retains those residual rights of management not specifically limited by the expressed terms of this agreement.
15. WORKING ENVIRONMENT
The Board endeavors to provide all teachers with a safe and caring work environment that fosters and maintains respectful and responsible behavior.
16.1 In this clause:
"Additional damages" includes general damages, special damages, loss of housekeeping capacity, cost of future care and interest, and punitive and aggravated damages;
"Board's additional claim" means a claim for the costs to the Board of any additional amounts it has expended or expects to expend for replacement or other costs attributable to a third party's malfeasance, in addition to those costs to the Board of the claim for wage loss;
"Claim for wage loss" includes a claim for wage loss equal to the sick leave or other benefits, premiums or wages paid or projected to be paid by the Board and paid to or on behalf of the teacher for the duration of any absence found in a judgment to have been required by such injury or illness or established by settlement of a claim or an action;
"Judgment" means an order of a court of competent jurisdiction'
"Legal costs" means legal fees and disbursements, and GST chargeable thereon;
"Settlement" means an agreement whereby the teacher agrees to accept any sum of money representing all damages, either by lump sum, periodic payment(s) or through the purchase of an annuity or any of them;
"Teacher" includes the teacher's personal representative, trustee, guardian or the estate of the teacher if deceased.
16.2 This clause applies solely to a teacher who has a claim against a third party for damages relating to an injury or illness caused in whole or in part by that third party and which has caused the teacher to be absent from work in respect of which the Board has been or is paying sick leave or other benefits or wages to the teacher.
a) Any teacher who is entitled to receive sick leave benefits or other benefits or wages does assign to the Board, in consideration of payment to the teacher of such sick leave or other benefits or wages, all rights of recovery against that third party as it relates to all amounts paid to the teacher by the Board.
b) Where the Board exercises its right of subrogation, the Board will indemnify and hold harmless a teacher against any claim against the teacher by the Board or by any other insurer under an insurance policy applicable to the teacher for breach of contractual subrogation terms and against any diminution in benefit coverage or entitlement which might result for the teacher from the exercise of rights under this clause.
c) If a teacher commences an action or makes a claim against a third party for damages relating to an injury or illness caused in whole or in part by that third party, the teacher shall advise the Board that such an action or claim is being brought.
d) If the Board makes a timely request to the teacher, the teacher shall include the claim for wage loss in any action or claim advanced against the third party.
e) The Board may request that the teacher's solicitor act on the Board's behalf, unless the teacher's solicitor provides written notice that he/she is unable to act on behalf of the Board. Alternatively, the Board may retain its own counsel to pursue the subrogated claim of the Board.
f) If the Board retains its own counsel to pursue its subrogated claim, the teacher will cooperate with the Board in the prosecution of the action, but may at any time elect to become dominus litis in respect of the claim for additional damages, and any apportionment related to them and shall retain the right: (a) to participate in deciding which solicitors are to be instructed to bring the action or an appeal therefrom; (b) to review any documents related to the action; (c) to agree to any offer of settlement or the apportionment of an offer of settlement, whether an action has been commenced or not; (d) to settle on an amount of costs or an apportionment of costs; and (e) to participate in the decision with respect to any launching or prosecution of an appeal.
g) The Board may elect to pursue the Board's additional claim by way of joinder as plaintiff to the teacher's action, but the Board shall have no right of recovery under this clause with respect to the Board's additional claim or set-off in respect of the Board's additional claim, from any amount awarded to the teacher for the claim for wage loss or additional damages.
h) Where such action is advanced to trial, the teacher or the Board shall request that any judgment specify the amount within any award made which is attributable to the claim for wage loss.
i) Where there is a settlement of the action against the third party, the teacher or the Board shall use best efforts to ensure that the settlement shall specify the amount within the settlement made which is attributable to the claim for wage loss.
j) Once the teacher is in receipt of monies as a result of a judgment against or settlement with the third party, the teacher shall reimburse the board from such monies actually received from the third party, in accordance with sub clause 16.2.12 or 16.2.13.
k) If the subrogated action or claim proceeds with the teacher's solicitor acting on the Board's behalf, the Board shall compensate the teacher for legal costs in the same proportion as its recovery bears in relation to the entire amount recovered as a result of a judgment or a settlement.
l) If the subrogated action or claim proceeds with the Board's solicitor acting on the teacher's behalf, the teacher shall compensate the Board for legal costs in the same proportion as the teacher's recovery bears in relation to the entire amount recovered as a result of a judgment or a settlement.
m) This clause does not afford the Board the right of set-off as against a teacher's entitlements which arise under any other clause of this collective agreement, including salary, allowance, medical or disability benefits, or any other compensation, or against income replacement which a teacher receives under other statutes or contracts of insurance, and the Board shall provide such entitlements as though the teacher had not been injured and was continuing to provide service as at the time of injury. In no event shall a teacher receive salary, benefits, allowances, or leaves which are less than, or provided later than, those to which the teacher is entitled under any other clause in this collective agreement.
n) This clause has application only in such cases where the teacher or the Board begins an action in the name of the teacher to recover damages for loss which has caused the teacher to lose time for which the Board has not otherwise been compensated and is not an assignment of rights of the Alberta Teachers' Association to the Board.
LETTER OF INTENT
The Employer agrees that it will consult with the Association if it decides to develop and use its own medical certificate for proof of illness where required within the Collective Agreement.
This Letter of Intent expires August 31, 2016 if the Employer has not developed and used a certificate or expires with the consultation process if it does develop and use a certificate.
LETTER OF UNDERSTANDING
Lieu Days for Principals
Effective September 1, 2013, School Jurisdictions will ensure that 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 superintendent, the School Jurisdiction shall pay out the unused paid leave days at 1/200th of the principal’s annual salary and allowance by the end of June each year. This letter expires and has no further force and effect as of June 30, 2016.