Westwind School Division No 74 (2012 - 2016)

This Collective Agreement is made in duplicate this ____ day of ______AD 2015 pursuant to the School Act and the Labour Relations Code.

Between the Westwind School Division No. 74, hereinafter called the "Board", of the first part, and The Alberta Teachers' Association, acting on behalf of Westwind Local No. 12, a body corporate incorporated under the laws of the Province of Alberta, hereinafter called the "Association", of the second part.

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

Whereas the parties desire that these matters be set forth in a Collective Agreement to govern the terms of employment of the said teachers.

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

1.   The Collective Agreement applies to all employees of the Board who as a condition of their employment must possess a valid teacher certificate issued under the authority of the Department of Education, the Province of Alberta, herein collectively called the teachers, or where the context requires, teacher, except those designated as Superintendent, Assistant Superintendent, Associate Superintendent, and Director of Special Services.Teachers employed by the School Division must be members of The Alberta Teachers Association in good standing.

2.   The salaries and the terms and conditions of the teachers' employment with the Board are governed by the provisions of this Collective Agreement and any statutory provision relating thereto.

3.   TERM AND EFFECTIVE DATE

3.1   This Collective Agreement shall, except where otherwise specified, take effect on September 1, 2012 and shall remain in full force and effective until August 31, 2016.

3.2   Either party may give to the other party, 60 to 150 days prior to the termination of this Collective Agreement, a notice in writing of its intention to commence collective bargaining with a view to striking a new Collective Agreement. At the first meeting between the parties, the interests of both parties shall be explored.

4.   SALARY

4.1   The following shall determine the placement on the salary schedule:

(a)   the number of years of teacher education in accordance with clause 4.4.
(b)   the number of years of teaching experience in accordance with clause 4.5.

4.2   The Board shall pay all the teachers monthly one-twelfth (1/12) of the salary in effect for that month as herein set forth and computed. For the purposes of this Collective Agreement, allowances shall be considered to be part of the salary.

4.3   Salary Grid

September 1, 2012

Years of Teacher Experience Years of Teacher Training
One Two Three Four Five Six
0 56,878 60,293 63,909
1 60,279 63,679 67,305
2 63,678 67,068 70,698
3 67,078 70,447 74,093
4 70,478 73,838 77,486
5 73,875 77,229 80,882
6 77,277 80,615 84,275
7 80,678 83,999 87,670
8 84,077 87,387 91,065
9 87,475 90,774 94,459
10 71,308 90,879 94,161 97,855


September 1, 2014 - 1.314%

Years of Teacher Experience Years of Teacher Training
One Two Three Four Five Six
0 57,625 61,085 64,749
1 61,071 64,516 68,189
2 64,515 67,949 71,627
3 67,959 71,373 75,067
4 71,404 74,808 78,504
5 74,846 78,244 81,945
6 78,292 81,674 85,382
7 81,738 85,103 88,822
8 85,182 88,535 92,262
9 88,624 91,967 95,700
10 72,245 92,073 95,398 99,141


September 1, 2015 - 2.00%

Years of Teacher Experience Years of Teacher Training
One Two Three Four Five Six
0 58,778 62,307 66,044
1 62,292 65,806 69,553
2 65,805 69,308 73,060
3 69,318 72,800 76,568
4 72,832 76,304 80,074
5 76,343 79,809 83,584
6 79,858 83,307 87,090
7 83,373 86,805 90,598
8 86,886 90,306 94,107
9 90,396 93,806 97,614
10 73,690 93,914 97,306 101,124

 

A one time lump-sum payment of 1% of the annual salary as set out in the Collective Agreement 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 2015.

4.4   The evaluation of teacher education for salary purposes shall be determined by a statement of qualifications issued by the Teacher Qualifications Service in accordance with the policies established by the Teacher Salary Qualifications Board, established by Memorandum of Agreement among the Department of Education, The Alberta Teachers' Association, and the Alberta School Trustees' Association, dated March 23, 1967.

4.4.1   Placement on the salary schedule shall be according to the number of years of teaching experience and full years of teacher education at September 1 or February 1 of each school year or upon commencement of employment.

4.4.2   Each teacher claiming additional teacher education and each teacher commencing employment with the Board shall within 60 days of September 1 or February 1 or commencement of duties submit to the Board proof of having applied for a statement of qualifications to be issued by the Teacher Qualifications Service of the Association.

4.5   A year of teaching experience is any one-year during which a teacher has rendered service for not less than 120 days.A teacher who has rendered service for not less than 60 days in any one semester shall receive credit for one-half year of teaching experience.One-half year teaching experience not to be paid except that two one-half years of teaching experience in different school years shall count as one year of teaching experience.Except as otherwise provided teaching experience shall not include university or college instruction.Teachers receiving such university experience prior to January 1, 1980 and college experience prior to January 1, 1981 shall continue to receive same.

4.5.1   Notwithstanding clause 4.5, any teacher hired on a regular part-time basis such that 120 full days of teaching cannot be accumulated in one school year, or 60 full days in one semester, shall receive credit for one year's teaching experience upon a total accumulation of 120 full days of teaching or more prior to the adjustment date as specified in clause 4.4.1., accumulation to commence September 1, 1972.

4.5.2   Teaching experience obtained by a teacher prior to engagement by the Board is counted as if it has been teaching experience in schools under the Board's jurisdiction.Prior teaching experience shall be documented by previous employer(s).

4.5.3   No teacher shall receive credit for teaching experience gained while he/she was not holding a valid teaching certificate.For teachers engaged on/or after January 1, 1982, substitute teaching shall not in any event be used in calculating whether an additional year of teaching experience with the Board has been earned.

5.   ALLOWANCES

5.1.1   Principal’s Allowance – In addition to his/her salary in clause 4, each Principal (excluding Hutterite Colony Principals) shall receive, monthly, an allowance equal to one-twelfth of the following schedule:

09/01/12

09/01/14

Greater than 50 FTE Students

$8,287.61

$10,037.61

 Less than 50 Students  $6,139.98  $7,889.98

 

Plus a per student allotment as per the following schedule:

09/01/12

09/01/14

09/01/15

First 300 Students

$38.69

$39.15

$39.85

301-600 Students

$20.84

$21.04

$21.34

Over 600 Students

$11.11

$11.18

$11.28

These amounts will be calculated using September 30 enrolment counts for each year using the following definitions for students:

  • Pre-K student = 0.25 FTE
  • Kindergarten student = 0.50 FTE
  • Grade 1 – 12 student = 1.0 FTE

5.1.2   For each one percent adjustment (or portion thereof) to the Salary Grid, as per clause 4.3, increases/decreases to the Principals Allowance, clause 5.1.1, will occur as follows:

$.35 per student added/subtracted to the rate for the first 300 students
$.15 per student added/subtracted to the rate for the second 300 students
$.05 per student added/subtracted to the rate for the remaining students.

5.1.3    In addition to his/her salary in clause 4, each Vice-Principal shall receive one-half or one–quarter of the allowance paid to the Principal depending on his/her designation of either a 1.0 or a .50 Vice-Principal.

5.2   In a school where there is no Vice-Principal, a teacher shall be designated by the Board to be Acting Principal in the absence of the Principal, and shall be paid an amount equivalent to 1/200 of 25 percent of the Principal's allowance for each half day of the Principal's absence.

5.2.1   In a school where the Principal and Vice-Principal are absent, a teacher shall be designated by the Board to be Acting Principal and shall be paid an amount equivalent to 1/200 of 25 percent of the Principal's allowance for each half day of absence.

5.2.2   When, in the absence of the Principal, the Vice-Principal or any other designee acts in his/her place for a period of five or more consecutive school days, the Vice-Principal or designee shall receive an allowance of 1/200 of the Principal's allowance as calculated in clause 5.1.1. effective on the fifth day and for every consecutive school day thereafter until the return of the principal.

5.3   Payment for administration shall commence on the effective date of appointment of the administrator.

5.4   A Principal or Vice Principal who is directed by the board to another school, keeping his/her designation, at which the administrative allowance is less, shall continue to be calculated at the previous allowance rate for three years.

5.5   ALLOWANCES

5.5.1   In addition to the salary under clause 4 there shall be paid as per the following schedule to designated personnel employed by the Board.

 

09/01/12

09/01/14

09/01/15

Supervisors

$10,140.84

$10,273.69

$10,479.16

Coordinators

$4,867.78

$4,931.55

$5,030.18

Consultants

$2,494.93

$2,527.61

$2,578.17

Team Leaders

$1,473.36

$1,492.66

$1,522.51

Summer Counseling Services

$1,227.79

$1,243.87

$1,268.75

5.5.2   It is the right of the Board to create and fill administrative, supervisory and consultative positions provided that said positions are limited to those set out in article 5.5.1. and other articles of this Collective Agreement.

5.6   Effective September 1, 2013, Hutterite Colony teachers shall be paid in addition to their salary as calculated in clause 4, an allowance equal to 5.0% of the 4th year minimum.

6.   SUBSTITUTE TEACHER

6.1   A substitute teacher means a teacher employed on a day-to-day basis.

6.2   Effective, September 1, 1996 the rate of pay for substitute teachers shall be .355 % of the 4th year minimum per diem including holiday pay.Rate of pay for a teacher employed on a substitute basis who fills the same teaching position for more than five consecutive days shall be effective the sixth consecutive teaching day, according to placement on the salary grid subject to the terms of this Collective Agreement.

6.2.1   Substitute teachers who are hired and paid as per clause 6.2 shall be compensated on a pro-rata basis with a minimum rate of pay of one-half day.

 

09/01/12

09/01/14

09/01/15

Substitute Pay

$201.91

$204.56

$208.65

6.3   Notwithstanding clause 6.2, a substitute teacher who fills a teaching position for more than four consecutive days and who accepts a contract of employment for the Board shall be paid effective the first day according to placement on the salary grid.

7.   PAYMENT

7.1   Teachers under contract, except substitutes shall be paid on the 28th of the month with the exception of December when teachers shall be paid on the 20th of the month.

7.2   Any teacher completing a full year's service shall have made available for professional development to him/her any sums outstanding at the end of the year's teaching.Written application must be made prior to June 1.

7.3   Payment for teachers shall be in accordance with the memorandum regarding calculation of salary for the purpose of both payment and deduction, memorandum between the Association and the Alberta School Trustees' Association signed on/or about January 6, 1972.

8.   CUMULATIVE SICK LEAVE

8.1   In the first year of service with the Board, a teacher shall be entitled to 20 school days of sick leave at full salary.During the second and subsequent years of service, annual sick leave with full salary will be granted for 90 calendar days.

8.2   A teacher who is absent from school duties to obtain necessary medical or dental treatment, or because of accident, disability or sickness shall continue to be entitled to the full number of sick leave days stipulated in 8.1.Notwithstanding the above, after 20 school days of continuous absence in a teacher's first year of service, no further salary shall be paid.After 90 calendar days of continuous absence during a teacher's second or subsequent years of service, no further salary shall be paid and the provisions of A.S.E.B.P. shall take effect.A teacher who in his/her second or subsequent year of service returns to work after a continuous absence of 90 calendar days shall have his/her leave entitlement under clause 8.1 reinstated upon submission of a medical certificate of good health.

8.3   When a teacher leaves the employ of the Board all accumulated sick leave shall be cancelled except as provided in 8.3.1.

8.3.1   Notwithstanding clause 8.3 in the case of a teacher who has had previous service with the Board and re-enters its employ within 26 months of leaving, and upon production of a medical certificate of good health, the sick leave accumulated, clause 8.1 during the period of employment with the Board shall be reinstated to the credit of the teacher.

8.4   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 5 or less consecutive teaching days must indicate on his/her teacher absent report form whether the absence was due to illness, medical appointment, dental appointment, or other health related appointment.

8.5   Effective June 1, 2010, A teacher who is absent from school duties for a period of more than 5 consecutive teaching days to obtain medical or dental treatment or because of accident, disability or sickness must provide Westwind with a medical leave certificate. The required certificate is included as Appendix 1 at the end of the collective agreement. The certificate must be provided as soon as reasonably possible and at least 24 hours prior to the teacher’s return to work.

8.6   New effective June 1, 2010, If the information provided by the doctor in the Medical Leave Certificate (Appendix 1) changes, the teacher shall provide Westwind with an updated Medical Leave Certificate (Appendix 1) as soon as reasonably possible. Westwind shall reimburse the teacher, of the cost, if any, of the preparation by the doctor of the updated medical certificate.

9.   PROFESSIONAL LEAVE

Notwithstanding 9.1 through 9.6 the Board may offer a summer professional leave to assist teacher(s) in retraining for a specific classroom assignment as posted by the Board.Effective September 1, 1993 a teacher who is granted summer professional leave will receive up to $1,500 in reimbursement for tuition costs.

9.1   Professional leave shall mean leave of absence granted by the Board on application by a teacher for the following reasons:

9.1.1   Study approved by the Board to upgrade a teacher's academic or professional status, or for other reasons, which are acceptable to the Board.

9.2   A teacher who is granted professional leave shall give an undertaking in writing to return to his/her duties following expiration of his/her leave and shall not resign from teaching service, other than by mutual agreement between the Board and the teacher, for a period of at least two school years after resuming his/her duties.Should a teacher resign or retire from service of the Board before completing his/her two-year's service following such leave; repayment of leave salary shall be made to the Board on a prorata basis.

9.3   All applications for professional leave shall be submitted to the Board by April 1 preceding the school year in which the professional leave is to commence.

9.4   The Board shall, after reviewing the applications for professional leave, grant a maximum of two such leaves per school year.Those requesting leaves shall apply to the Board prior to April 1 in the year preceding the school year in which the professional leave is requested to occur.Those granted professional leave shall be so informed by April 30th preceding the school year in which the professional leave is to commence.

9.5   A teacher who is granted professional leave for a school year shall receive as salary 50 % (percent) of the 4th year maximum (as per clause 4.3) during the year of his/her professional leave, payable in a manner agreed upon by both parties.For a half (1/2) year of professional leave, payment as salary shall be one half of 50% (percent) of the 4th year maximum.A part-time teacher granted a professional leave shall receive the applicable salary herein on a prorata basis.

9.6   Professional leave may be applied for after five years or during the fifth year of continuous service with the Board.

9.7   Upon resumption of duties, the teacher shall be returned to a position no less favourable to the teacher than the one which he/she enjoyed before the leave was taken, when such assignment is practicable.

10.   LEAVE OF ABSENCE

10.1   With Full Pay

A teacher is entitled to temporary leave of absence with pay and such leave is deemed to be an authorised absence approved by the Board.Where such teacher is absent:

10.1.1   For not more than five teaching days per school year, if necessary, because of the critical illness or death of any of the following legal relatives of the teacher or spouse:Spouse, child, parent, grandparent, grandchild, sister, brother, aunt, uncle, niece, nephew, sister-in-law, brother-in-law, daughter-in-law, son-in-law, or other relative who is a member of the teacher's household.

Where critical illness is not followed by death within 30 days, the Board may require a medical certificate stating that critical illness was the reason for absence.Such medical certificate may be requested by the Board within 30 days of their being notified.

10.1.2   For those days on which a teacher is unable to reach the school from his/her usual place of residence because of impassable roads, when the absence is approved by the principal.

10.1.3   For those days in which a teacher has been subpoenaed to appear in court to give professional, job related evidence.A copy of the subpoena shall be submitted with the month end report.

10.1.4   In the case of a teacher without a principal designation, one day per school year discretionary leave providing one days notice is given to the principal and a suitable substitute can be found. In the case of a teacher with a principal designation, one day per school year discretionary leave providing one days notice is given to the superintendent or designate, and an appropriate substitute can be found.

10.1.5   For each school year a teacher uses two (2) or less days sick leave he/she will earn one (1) day incentive leave.

10.1.6   Incentive and/or discretionary leave days can be accumulated up to a maximum of seven days, and will be referred to as special leave days. Once seven special leave days have been accumulated, any further accumulation will only be allowed up to a maximum of eight, and the eighth day must be used prior to December 31 in the same school year in which the days were awarded, at which time the maximum accumulated days will revert to seven.

Up to three special leave days (incentive and/or discretionary), as per clause 10.1.4 and 10.1.5, per year may be taken with the approval of the Principal or his designate and an appropriate substitute being found. In the case of a principal, the leave must be approved by the superintendent or his designate.

Teachers requesting special leave in excess of three consecutive teaching days must forward their request through the principal, to the Superintendent of Schools (or designate).The request must be made no less than 10 calendar days prior to the first day of the requested leave.;

At the time of retirement or termination of employment with the Board, each accumulated day will be valued at the current rate of substitute pay and the amount paid to the teacher, not withstanding that the number of days paid will never exceed seven (7).

10.1.7   When a teacher earns the sick leave incentive day in two consecutive years they will be awarded a wellness day.This day will be counted as a special leave day and may be accumulated toward the maximum of seven (7) special leave days.After a wellness day has been earned, a new two-year block toward an additional wellness day begins.This clause will take effect September 1, 1996, so that the first year of eligibility will be in the 1998/99 school year.

10.1.8   To attend to a directive to serve as a juror in any court operated by either the Province of Alberta or the Government of Canada.Westwind School Division No. 74 will subrogate any compensation received by the employee, excluding reimbursements for expenses.

10.1.9   Effective September 1, 2014, one day of leave to attend the medical needs of the teacher’s child, parent, or spouse.

10.2   With Partial Pay

Temporary leave of absence with pay shall be granted to teachers as follows provided that an amount equivalent to the salary of a substitute is forthcoming to the Board through payroll deduction or payment from other sources:

10.2.1   Personal leave for not more than five days in any school year shall be granted for attending to private concerns, where possible, at least one days notice shall be given to the principal, or in the case of a principal to the Superintendent or central office.

10.2.2   To attend the annual Representative Assembly of The Alberta Teachers' Association as an official delegate.

10.3   Maternity, Adoption and Parental Leave

10.3.1   A teacher shall be entitled to maternity leave.

10.3.2   The Board will register and implement a 95 percent supplementary unemployment benefits plan which each teacher shall access for pay for a period of 15 weeks of maternity leave. The Board shall pay its portion of each teacher's benefit plan premiums for the 15 week period. The remainder of the maternity leave, exclusive of the 15 week period, shall be without pay and Board contribution of premiums.

10.3.3   Each teacher shall endeavor to notify the Board verbally of her leave requirements three months in advance, however, she shall give the Board at least two weeks written notice of the day on which she intends to commence maternity leave.If matters arising from the pregnancy prevent such notice the teacher shall provide such notice as is possible.

10.3.4   In addition to the 15 week leave, each teacher shall be eligible for a further 37 week parental leave without pay and Board contribution to benefit premiums provided such is contiguous with the maternity leave. During this period, the teacher shall be eligible to maintain her benefit insurance coverage provided she pays 100 percent of the premiums directly to ASEBP.

10.3.5   At least two weeks prior to the 37 week parental leave commencing, each teacher shall endeavor to provide written notice to the Board of the date she plans on returning to work.Within this 37 week parental leave the teacher may amend her return date, in consultation with the superintendent or designate, providing she gives the Board 4 weeks notice of the new return date.

10.3.6   Teachers returning from the maternity or parental leave shall be returned to the position held at the commencement of the leave. This does not imply that a teacher on leave has any advantage or disadvantage in the event that staff reduction or program changes become necessary in a particular school.

10.3.7   A teacher shall be entitled to 37 weeks of adoption leave without pay or Board contribution to benefits. The teacher concerned shall notify the Board six weeks prior to commencement of the leave. If matters arising from adoption procedures prevent such notice the teacher shall provide such notice as is possible. Within this 37 week adoption leave the teacher may amend her return date, in consultation with the superintendent or designate, providing she gives the Board 4 weeks notice of the new return date. A teacher granted an adoption leave shall have the same options as outlined in clause 10.3.6.During this period, the teacher shall be eligible to maintain his/her benefit insurance coverage provided he/she pays 100 percent of the premiums directly to ASEBP.

10.3.7.1   A teacher shall be entitled to extend the adoption leave by an additional 15 weeks provided such is contiguous with the adoption leave.During this period, the teacher shall be eligible to maintain his/her benefit insurance coverage provided he/she pays 100 percent of the premiums directly to ASEBP.

10.3.8   Through the maintenance phase of this Collective Agreement a mutually agreed to S.U.B. plan shall be implemented.

10.3.9   A teacher is entitled to 37 weeks of parental leave provided the teacher has not accessed the provisions of clauses 10.3.4, 10.3.7 or 10.3.7.1.The teacher shall provide six weeks notice of intent to commence leave.If matters arising from a birth or adoption prevent such notice the teacher shall provide such notice as is possible. Within this 37 week parental leave the teacher may amend his/her return date, in consultation with the superintendent or designate, providing he/she gives the Board 4 weeks notice of the new return date.During this period, the teacher shall be eligible to maintain his/her benefit insurance coverage provided he/she pays 100 percent of the premiums directly to ASEBP.

10.4   Leaves of absence for the teacher's negotiating committee shall be granted to a maximum of five teachers without loss of salary, provided, however, that the Board shall be reimbursed by the Association an amount equivalent to the salary of a substitute for each teacher for the first five days of leave and 1/200 of each teacher's salary for each additional day of such leave.

11.   TRANSFERS

11.1   The Board shall pay to a teacher it has transferred to another school the moving expenses necessarily incurred by the teacher and his/her family as the result of such transfer to a maximum of $1,000.00, as receipted.This does not apply to a teacher who has requested a transfer.

12.   GROUP INSURANCE

12.1   The Board shall effect and maintain:

(1)   Alberta School Employee Benefit Plan (A.S.E.B.P.)

(a)   Extended Disability - Plan D and Life, Accidental Death and Dismemberment - Schedule 2
(b)   Extended Health Care - Plan I
(c)   Dental Care - Plan 3
(d)   Vision -Plan 2 - effective August 31, 1994

(2)   Alberta Health Care Insurance (A.H.C.)

applicable to and for the benefit of teachers in its employ, according to the provisions of the plans.

12.2   All teachers shall be members of the A.S.E.B.P. - Plan D, Schedule 2, as defined in 12.1 (1) (a).

12.2.1   With respect to clause 12.1 it is understood that participation in A.S.E.B.P. - Extended Health Care Plan 1, Dental Care Plan 3, Alberta Health Care Insurance and Vision Plan 2 is not a condition of employment.

12.3   Effective September 1, 2009 the Board shall pay 100% of each teacher’s premiums for the following plans.

Extended Disability(Plan D)
Life, Accidental Death and Dismemberment - Schedule 2
Extended Health Care (Plan 1)
Dental Care (Plan 3)
Vision (Plan 2)
Alberta Health Care

12.3.1   Part-time teachers, who are eligible, shall be paid in accordance with 12.3., on a prorata basis.

12.4   It is understood that payments toward the aforementioned benefit plan shall permit the Board to retain and not pass on to teachers any rebates of premiums otherwise required under Employment Insurance Commission regulations.

12.5   The Board will not provide benefits during any leaves of absences, including extended disability, except as provided in articles 8 & 10 of this collective agreement, however the teacher may, at their discretion, pay 100 % of the ASEBP premiums during such leave provided that such provisions are approved by benefit plan regulations.      

12.6   Westwind will provide for each teacher who is on a temporary, probationary, or continuing contract, based on his/her FTE (full time equivalent), a health spending account (HSA) package 2 – annual reconciliation/semi annual reimbursement through A.S.E.B.P. based on the following schedule:

 

09/01/12

Health Spending Account

$700

Teachers hired after September 1 but before the ASEBP enrolment deadline will receive his/her prorated portion of HSA based on FTE.

Teachers hired after the deadline who return the following school year will receive in the new school year a prorated portion for the previous year as well as the New Year’s allocation based on FTE.

Teachers hired after the enrolment deadline who do not return in the following school year will not receive a HSA allocation.

Teachers for whom the board is not paying benefits will not receive an HSA allocation.

The board will share with the association a copy of the agreement between ASEBP and the board.

12.6   EFFECTIVE SEPTEMBER 1, 2014, THE FOLLOWING LANGUAGE SHALL REPLACE THE CURRENT 12.6.

Westwind will provide for each teacher who is on a temporary contract of at least 30 days duration, probationary, or continuing contract, and based on his/her FTE (full time equivalent), a health spending account (HSA) package 1 – monthly reconciliation/quarterly reimbursement through A.S.E.B.P. based on the following schedule:

 

09/01/12

Health Spending Account

$700

Teachers for whom the board is not paying benefits will not receive an HSA allocation.

The board will share with the association a copy of the agreement between ASEBP and the board.

13.   GRIEVANCE PROCEDURE

The following grievance procedure is in accordance with the requirements of the Labour Relations Code and provides for the peaceful settlement of any differences arising from the interpretation, application or operation of this Collective Agreement, including any questions as to whether the differences are arbitrable and shall be dealt with as follows:

Step 1   Such differences (hereinafter called a grievance) shall first be submitted in writing to the secretary of the Local of the Association and the secretary-treasurer of the Board.

(a)   Such written submission shall be made within 30 days from the date the griever first had knowledge of the alleged violation.

(b)   The submission shall set out the nature of the grievance, the clauses of this collective Agreement, which are alleged, to have been violated and the remedy sought.

Step 2   In the event the grievance is not settled within 15 days from the date of the submission in accordance with Step 1, then within a further period of 15 days the grievance shall be referred in writing to the grievance committee, or either party and/or their representatives may appear before the grievance committee to also present an oral and/or written submission.

(a)   Such grievance committee shall consist of two representatives of the Westwind Local # 12 of the Association and two representatives of the Board.

(b)   This grievance committee shall meet and endeavour to resolve the grievance, and shall render its decision within 15 days following receipt of the submission.

(c)   If the majority of the grievance committee reaches a decision as to the disposition of the grievance, that decision shall be final and binding on both parties.A majority decision shall be the decision of three members of the grievance committee.

Step 3  In the event the grievance committee does not meet within 15 days following receipt of the submission, or in the event that the committee does not reach a majority or unanimous decision within the said time limitation, then either party may by written notice to the other party, require the establishment of an arbitration board as hereinafter provided.

(a)   Such notice must be given within 10 days after the date the 15-day limitation in Step 3 expires.

(b)   Concurrently with the notice by the party requiring the establishment of an arbitration board, the party shall name its nominee to the Board, and the recipient of the notice shall within five days inform the other party of its nominee to the Board.

(c)   The two nominees so appointed shall within five days of the appointment of the second of them, appoint a third person, who shall be chairman of the arbitration board.In the event of failure to agree on the appointment of a chairman, any party may request the Director of Mediation Services to make the necessary appointment.

Step 4   The arbitration board shall hear and determine the grievance and shall issue an award in writing not later than 15 days after commencement of the hearings, provided that this time period may be extended by written consent of the parties.

(a)   Such award shall be final and binding upon the parties and upon any employee affected by it.

(b)   The decision of a majority of the arbitration board is the award of the arbitration board, but where there is no majority (or unanimity) the decision of the chairman governs and shall be deemed to be the award of the arbitration board.

(c)   The arbitration board by its decision shall not alter, amend or change the terms of this Collective Agreement.

(d)   Each party to the grievance shall bear the expense of its respective nominee, and the two parties shall bear in equal proportions the expense of the chairman.

(e)   All the aforesaid time limitations in the steps shall be exclusive of Saturdays, Sundays and other holidays, and in the event that at any stage of the aforesaid procedures (except in respect of appointing persons to a board) a party fails to take the necessary action within the time limit specified, the grievance procedure shall be deemed to be at an end.

(f)   Any of the aforesaid time limits may be extended at any stage by mutual consent of the parties.

GENERAL

14.   Staff deployment and administrative time shall be the responsibility of the superintendent and principal in consultation with the staff.

15.   The parties hereby recognize that basic to the proper management and administration of a school system it is the School Board's right and responsibility to formulate and adopt policies and regulations.

15.1   The Board and the Association recognize the advantage and acknowledge the mutual benefits to be derived from communication through the various channels that are available to them.

15.1.2   The Board shall submit proposed board policies and regulations pertaining to teachers to the elected representatives of its teaching staff during the time which schools are operating.The teachers shall be given at least four weeks or such time as mutually agreed upon to respond to these proposals. The teachers may respond to these proposals in such manner as they may desire.

16.   Any teacher required to teach in more than one school shall receive a per diem allowance, paid at current Board per kilometre rate, for such days when the distance travelled between schools exceeds eight kilometres.

17.   If the Board wishes to change the commencement date of the school year they shall notify the teachers of such change at least three months prior to the commencement of that school year.

18.   The Board shall provide each teacher in its employ with a copy of the Collective Agreement and a copy of the Alberta School Employee Benefit Plan explanatory booklet as well as the member's insurance card.A copy of the Board's current policy handbook shall be placed in each staff room.

19.   When school is closed for all students due to health reasons, inclement weather, physical plant breakdowns, teachers will not be required to attend school.

20.   This Collective Agreement shall enure to the benefit of and be binding upon the parties and their successors.

21.   All previous Collective Agreements between or affecting the parties are hereby cancelled.

22.   DEFERRED SALARY LEAVE PLAN

The Board agrees to implement a Deferred Salary Leave Plan as approved by Revenue Canada and as available at the Central Office and at each school.

An "Eligible Teacher" shall mean a teacher employed pursuant to a contract that continues in force from year to year.The maximum number of Participants on Leave of Absence in any one-year shall be subject to a decision of the Board taking into account the number of years of Participation of each teacher and the needs of the system.

A teacher's benefits will be maintained by the Board during his/her leave of absence, provided the teacher requests such in writing three (3) months prior to date of leave.The teacher shall pay to the Board the full cost of any benefit premiums paid on his/her behalf.

 

LETTER OF UNDERSTANDING A

Effective September 1, 2013, school-based principals will be granted two (2) paid 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 1/200th 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.

 

LETTER OF UNDERSTANDING B

The board intends that the changes to clauses 5.6 and 5.6.1 will not unduly impact the one colony that has more than one teacher. The board will grandfather the colony principal allowance in that instance until either the school is reduced to a teaching staff of one or August 31, 2016, whichever is earlier.

 

Effective June 1, 2010

APPENDIX 1

MEDICAL LEAVE CERTIFICATE FOR TEACHERS

WESTWIND SCHOOL DIVISION No 74

 

1.   Teacher’s Name:                                                                                                                            

2.   Job Title/Occupation:                                                                                                                     

3.   The teacher was unable to work due to medical reasons beginning:

• Date ____________________

4.   Is the patient receiving treatment?   Yes ___   No ___   None required ___

5.   Anticipated date of return to work:

• Date ____________________

• If date unknown, is the absence likely to be:

___ < 30 days   ___ 30-60 days   ___ 61-90 days   ___ > 90 days   ___ currently indeterminable

6.   Anticipated date of next reassessment, if applicable:                                                                 

7.   If the teacher is ready to return to work, is he/she

• Fit and able to return to work with no restrictions?   Yes ___   No ___

• Or fit and able to return to work with modified work?   Yes ___   No ___

List of work-related restrictions:

Date: ______________________________

Attending Physician:                                                                                             (signature)

                                                                                                                                   (please print name)

Work Address of Physician:                                                                                                                

 

Effective June 1, 2010

APPENDIX 2

RETURN TO WORK CERTIFICATE FOR TEACHERS

WESTWIND SCHOOL DIVISION No 74

1.   Teacher’s Name:                                                                                                                            

2.   Job Title/Occupation:                                                                                                                     

3.   Date of this return to work assessment:                                                                                        

4.   Anticipated date of return to work:                                                                                                

5.   Is the teacher ready to return to work:

• With no restrictions?   Yes ___   No ___

• Or with modified work?   Yes ___   No ___

If so, list work-related restrictions:

6.   Are the restrictions temporary?           Yes ___         No ___

• If temporary, please specify the anticipated length of the restriction(s) (e.g. days/weeks/months)               

• If temporary, what is the anticipated date of the teacher’s next medical appointment?

Date: ______________________________

Attending Physician:                                                                                             (signature)

                                                                                                                                   (please print name)

Work Address of Physician: