The Alberta Teachers’ Association

BETWEEN The Alberta Teachers' Association, hereinafter called "The Association", AND

The Sturgeon School Division No. 24, hereinafter called "the Employer".

Whereas, The Association is the duly certified bargaining agent for the teachers employed by the Employer, and

Whereas, such teachers' terms and conditions of employment and their salaries have been the subject of negotiation between the parties, and

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

This agreement is made pursuant to the School Act and the Labour Relations Code.

NOW THEREFORE THIS AGREEMENT WITNESSETH

1.0   APPLICATION AND FORCE OF COLLECTIVE AGREEMENT

1.1   This Collective Agreement applies to all teachers employed by the Employer who, as a condition of employment, must possess a valid teaching certificate issued under the authority of the Department of Education, the Province of Alberta, herein collectively called the teachers, except the superintendent, deputy superintendent, associate superintendent and director of curriculum and instruction.

1.1.1   The Employer may create or designate new positions not covered in this Agreement; nevertheless, salaries and additional allowances shall be arrived at by consultation with The Association before the appointment is made. The results of this consultation shall be embodied in a memorandum of agreement between the parties.

2.0   LENGTH OF COLLECTIVE AGREEMENT

2.1   This agreement shall be in full force and effect from September 1, 2012 until August 31, 2016.

3.0   PROCEDURE FOR STRIKING A NEW COLLECTIVE AGREEMENT

3.1   Either party shall give to the other not less than sixty (60) nor more than one hundred and fifty (150) days prior to the termination of this Agreement a notice in writing of its intention to commence collective bargaining with a view to striking a new Agreement. At the first meeting between the parties following such notice, both parties shall give full particulars of all amendments they seek. If neither party gives notice of intention to commence collective bargaining as outlined in this paragraph, then the termination date of this Agreement shall be extended until the date of commencement of negotiations when this occurs after the date of termination.

4.0   SALARY SCHEDULE

4.1   All salaries contained herein are “per annum” unless specifically stated otherwise.

4.2   The number of years of teacher education and the years of teaching experience, computed according to the Agreement, shall together determine the annual salary rate for each teacher employed by the Employer. Tabulated below are the salary rates, and the experience increments for each year of teacher education.

PROVINCIAL FRAMEWORK SETTLEMENT

September 1, 2012 through August 31, 2015 

September 1, 2015 through August 31, 2016 (2% increase) 

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.

4.3   A teacher employed to provide instruction at the Employer’s summer school shall be paid on the regular salary grid, with pro-rata calculations reflecting the percentage of time taught.

4.4   A substitute teacher is a teacher not on contract but employed on a day-to-day basis as required. Substitute teacher rates increase by the same percentage and on the same dates as the salary grid.

4.4.1   All substitute teacher salary rates shall be inclusive of 4% holiday pay.

4.4.2   Salary for a full day shall be:

Sept. 1, 2012 - $206.27
Sept. 1, 2015 - $210.40

4.4.3   Salary for a half day shall be:

Sept. 1, 2012 - $108.05
Sept. 1, 2015 - $110.21

4.4.4   Notwithstanding clauses 4.4.2 and 4.4.3, a substitute teacher who substitutes for the same teacher for a period of more than five (5) consecutively scheduled teaching days, shall be treated as a temporary teacher from the beginning and during the continuance of such consecutive teaching days.

4.4.4.1   This period of consecutive employment during the school year shall not be considered interrupted or non-consecutive if a holiday, Teachers’ Convention, professional day or such other system-regulated break interrupts the teacher’s continuity in the classroom.

4.4.4.2   This period of consecutive employment during the school year shall not be considered

interrupted if a teacher is unable to attend due to impassable roads.

4.4.5   Each year substitute teachers, upon termination, shall be issued a statement of the number of days taught during the past school year.

5.0   ADMINISTRATION ALLOWANCES

5.1   In addition to the basic salary rate there shall be paid an administration allowance to each Principal, in accordance with the following schedule:

5.1.1   The minimum administration allowance paid to a Principal shall be 5% of the fourth year maximum plus 1% of the fourth year maximum for each teacher to a maximum of two teachers.

5.1.2   For three to fifteen teachers, the administration allowance shall be a basic allowance of 25% of the fourth year maximum. For each teacher in excess of 15, an additional allowance of 0.4% of the fourth year maximum shall be paid.

5.1.3   The administration allowance paid to the Principal of the Oak Hill School shall be 16% of the fourth year maximum plus 1% of the fourth year maximum for each teacher.

5.1.4   The administration allowance paid to up to two (2) Division Principals at large shall be 32.5% of the fourth year maximum.

5.2   In calculating the administration allowance, the teachers shall be counted on September 30 and any changes resulting therefrom shall be effective September 1. In applying this clause, the Principals shall be excluded from the count. The teacher count shall be in terms of full-time equivalents, except for the first or only counsellor on staff who shall count as one full-time equivalent.

5.3   Vice-Principals shall be paid an amount equal to 50% of their Principal's allowance.

5.4   The Employer shall provide each school administrator with a continuing designation in the fourth (4^th) year of designation or return the teacher to a classroom assignment. Each school administrator who is commencing their fourth, or higher, year of designation as of Sept 1, 2014 will be provided with a permanent designation.

5.5   The allowance paid to a director of education services shall be 32.5% of the fourth year maximum.

5.6   The allowance to be paid to the Co-ordinator 'I' shall be 20% of the 4th year maximum. The allowance to be paid to the Co-ordinator 'II' shall be 25% of the 4th year maximum.

5.7   The allowance paid to the System Psychologist shall be 10% of the fourth year maximum.

5.8   In the event the Superintendent transfers an Article 5 Administrator and such transfer results in an administration allowance that is less than the current allowance, the allowance shall be maintained for three (3) school years or when the administration allowance exceeds the old one, whichever occurs first. This shall not apply if the administrator requests a transfer.

5.9   An administrative allowance for a principal responsible for more than one school shall be calculated as follows:

- per 5.1.1 and 5.1.2 for the main, or largest, school

- 2.0% of the fourth year maximum plus 0.4% for each teacher at each other school supervised

5.10   When all administrators are absent from the school for a period of a half-day or longer and a teacher is designated as an acting administrator, the teacher shall be paid an administrative allowance of forty dollars [$40] per day. The teacher shall be provided with release time from classroom duties during the period of designation.

5.11   Effective September 1, 2013 school-based principals will be granted two paid leave days per school year, at a time mutually agreeable to the Superintendent or designate. Failing agreement about whether the dates are mutually agreeable to the principals and Superintendent, the Employer shall pay out the unused paid leave days at 1/200^th of the principal’s annual salary and allowance by the end of June each year.

5.12   Effective September 1, 2014, school based vice principals will be granted one paid leave day per school year, at a time mutually agreeable to the Superintendent or designate. Failing agreement about whether the dates are mutually agreeable to the vice principals and Superintendent, the Employer shall pay out the unused paid leave days at 1/200^th of the vice principal’s annual salary and allowance by the end of June each year.

6.0   OTHER ALLOWANCES

6.1   The Employer agrees to maintain and enforce a policy in its Policy Handbook governing the payment of a car allowance equal to that paid to all employees of the Employer, to teachers engaged in the supervision of extra-curricular activities approved by the Employer, to teachers serving on a standing or ad hoc committee appointed by the Employer or Superintendent, and to teachers who travel while providing professional service in two or more schools during the same school day.

6.1.1   The minimum car allowance will be in accordance with the Employer’s Employee Expense Reimbursement Policy.

7.0   PAYMENT OF SALARIES

7.1   The Employer shall pay each teacher his salary in equal amounts of one-twelfth of his annual salary on the second last operational day of each month from September to May inclusive. On the last operational day of June, he shall receive two-twelfths of his salary and on the second last banking day in August, he shall receive one-twelfth of his salary (taking into consideration necessary adjustments).

7.1.1   Teachers no longer under contract for the subsequent year or who resign or retire from staff effective the last operational day of June shall receive three-twelfths of their salary on the last operational day in June.

7.2   Payment of salaries shall be made by the Employer by direct deposit to the teacher’s designated banking institution.

8.0   PAYROLL AND HEALTH PLAN BENEFIT DEDUCTIONS

8.1   The Employer agrees to make payroll and health plan benefit deductions and to forward the proceeds to the proper receiving authorities for the following purposes: group health, life insurance, dental, pension plans, Association fees and Canada Savings Bonds.

8.2   Participation in the Alberta School Employee Benefit Plan shall be a condition of employment. The Employer shall administer Schedule 2A of the life insurance section and Plan DI of the disability section of the Alberta School Employee Benefit Plan and shall pay 95% of the cost of the premiums.

8.3   The Employer shall administer the group hospital insurance plan known as The Alberta School Employee Benefit Plan Extended Health Care Plan 1 and shall pay 95% of the cost of the premiums.

8.4   The Employer shall pay under the Alberta Health Care Insurance Commission 95% of the cost of the premiums for every teacher in its employ who registers in the plan.

8.5   Participation in the Alberta School Employee Dental Care Plan 3C shall be a condition of employment except that an employee may waive participation by stating he has coverage through his spouse. The Employer shall pay 95% of the cost of the premiums for every teacher in its mploy who registers in the plan.

8.5.1   For those teachers employed for a period of less than thirty (30) days, coverage under clause 8.5 shall not be a condition of employment.

8.6   The benefits provided in this Section of the Agreement are deemed to include any and all of the employee portion of an employer rate reduction provided under the Employment Insurance Act.

8.7   The percentage of premiums payable by the Employer for those teachers hired on a part time basis shall be pro-rated.

8.8   Participation in the Alberta School Employee Benefit Plan Vision Care Plan 3 shall be a condition of employment except that an employee may waive participation by stating he/she has coverage through his/her spouse. The Employer shall administer the plan and pay 95% of the cost of the premiums for every teacher in its employ who registers in the plan.

8.9   The Employer shall provide for each teacher, other than substitute teachers, a Health Spending Account that adheres to Revenue Canada requirements in the amount of $650 per full time teacher. Effective September 1, 2014, the Health Spending Account shall be $700 per full time teacher and administered for other teachers in accordance with 8.7 of this agreement. The annual amount shall be provided in ten [10] equal monthly installments. The account shall be used for the benefit of the eligible teacher, the teacher’s spouse and his/her dependents. Effective September 1, 2015, the Health Spending Account shall be $740 per full time teacher.

8.9.1   The HSA administration agreement with Alberta School Employees Benefit Plan shall be consistent with the terms of the collective agreement and shall be provided to The Alberta Teachers' Association. The Alberta School Employees Benefit Plan will be directed to annually disclose summary information about HSA utilization to both the School Board and the Alberta Teachers' Association.

9.0   TEACHING EXPERIENCE

9.1   CALCULATION OF YEARS OF TEACHING EXPERIENCE

9.1.1   A teacher shall receive one experience increment for a year of teaching experience:

9.1.1.1   For each period of at least one hundred and twenty-five (125) full time equivalent days in a school year during which the teacher has actually provided teaching service, subject to clauses 9.1.2 to 9.1.7 inclusive.

9.1.1.2   For a minimum of one hundred and twenty-five (125) full-time equivalent days in a period of four (4) consecutive school years during which the teacher has actually provided teaching service subject to clauses 9.1.2 to 9.1.7 inclusive. Periods of leave for extended illness, disability, maternity or secondment will not be considered as part of the four consecutive years. A day counted under clause 9.1.1.1 may not be counted in applying this clause.

9.1.2   Substitute teaching service shall be included in determining years of teaching experience.

9.1.3   A teacher shall not receive increments for experience gained while not holding a valid teaching certificate, except as provided in clause 9.3.1.

9.1.4   Credit for experience will be granted for university work taken while on leave of absence or educational leave, if such leave is authorized by the Employer.

9.1.5   Teaching, or related administrative experience, obtained by a teacher while employed by an accredited post-secondary institution, or by Federal or Provincial government department or agency, including accredited private schools and accredited ECS programs shall be recognized as teaching experience subject to the conditions set forth in this Agreement.

9.1.6   Teaching experience obtained by a teacher prior to engagement by the Employer shall be granted, subject to the conditions set forth in this Agreement, as if it had been teaching experience under the Employer's Jurisdiction.

9.1.7   Credit for teaching experience shall become effective at the commencement of the school year or February 1 following when the experience was earned.

9.2   STATEMENTS OF TEACHING EXPERIENCE FOR TEACHERS COMMENCING EMPLOYMENT WITH THE EMPLOYER

9.2.1   Within sixty days of commencing employment with the Employer, every teacher shall submit statements of proof of past teaching experience, or proof of application for such statements.

9.2.2   If the statements of experience or the statements of proof of application are not received by the Employer within sixty calendar days of commencement of employment, then the teacher's salary shall revert to the minimum salary for the number of years of training required for the class of teaching certificate held by the teacher and no adjustment shall be made until the first of the month next following the date of receipt of official proof of experience and no retroactive adjustment shall be made.

9.2.3   If the statements of a teacher's experience show a number of years of teaching experience different from that currently recognized by the Employer, then the teacher's salary shall be adjusted retroactively, except as provided in clause 9.2.2.

9.3   INDUSTRIAL VOCATIONAL EDUCATION POSITIONS

9.3.1   The Employer may fill an Industrial Vocational Education teaching position at one or more steps on the salary schedule higher than that provided by his teaching experience, but his teaching salary shall not exceed the maximum provided for his category of teacher education.

9.3.2   Such higher placement shall continue, only provided that he teaches and continues to teach Industrial Vocational Education subjects.

9.3.3   Prior to the engagement of teachers in accordance with clause 9.3 the Employer shall consult the Chairman of the Association's Sturgeon Bargaining Unit stating the Employer's intention, giving reasonable opportunity to him to make representation thereon, and promptly notifying him when the appointment has been made.

10.0   TEACHER EDUCATION

10.1   CALCULATION OF YEARS OF TEACHER EDUCATION

10.1.1   The evaluation of a teacher's education for salary purposes shall be determined by a Statement of Qualifications issued by the Teacher Qualifications Services of The Association in accordance with the policies and principles approved by the Teacher Salary Qualifications Board.

10.2   STATEMENT OF QUALIFICATIONS FOR TEACHERS COMMENCING EMPLOYMENT WITH THE EMPLOYER

10.2.1   Within sixty (60) days of commencing employment with the Employer, every teacher shall submit an Association Teacher Qualifications Service statement of teacher training for salary purposes, or proof of application for such a statement.

10.2.2   If the Teacher Qualifications Service statement shows a number of years of training different from that currently recognized by the Employer, the teacher's salary shall be adjusted retroactively, except as provided in clause 10.2.3.

10.2.3   If the Teacher Qualifications Service statement or proof of application for such a statement is not received by the Employer within sixty days of commencement of employment, the teacher's salary shall revert to the minimum of the years of training required for the class of teaching certificate held by the teacher and no adjustment shall be made, until the first of the month next following the date of receipt of the Teacher Qualifications Service statement, and no retroactive adjustment shall be made.

10.3   ADDITIONAL YEARS OF TEACHER EDUCATION

10.3.1   Teachers who complete additional training to qualify for the next full year of teacher education shall submit a Teacher Qualifications Service statement, or proof of application for such a statement to the Employer, within sixty (60) days of the dates outlined in clause 10.3.3.

10.3.2   If the statement or proof of application is not received within sixty (60) days of the dates outlined in clause 10.3.3, payment will be made only from the first of the month next following the date of receipt of the statement.

10.3.3   The adjustment dates for changes in the years of teacher education for salary purposes shall be September 1, February 1 and May 1.

11.0   SICK LEAVE

11.1   Annual sick leave, with pay, shall be granted to a teacher for the purpose of obtaining necessary medical or dental treatment or because of accident, sickness or disability for 90 calendar days.

11.2   After 90 calendar days of continuous absence due to medical disability, no further salary shall be paid and the Alberta School Employee Benefit Plan, Plan D shall take effect. A teacher who has been absent to obtain necessary medical or dental treatment or because of accident, sickness or disability shall upon return to work have their 90 calendar days of sick leave reinstated.

11.3   A teacher who has been absent due to illness for 30 or more calendar days shall be required to provide a completed Return to Work Certificate [Appendix A] before returning to regular duties. This Return to Work Certificate shall verify that the teacher is able to return to regular duties on a continuing basis in order to reinstate the 90 calendar days of sick leave. Upon submission of a receipt for the cost of completing the certificate along with the completed Return to Work Certificate, the Employer shall pay an amount up to the maximum specified in the Alberta Medical Association guidelines. This certificate shall only be amended by agreement of the parties.

11.4   In order to qualify for payment of sick leave:

11.4.1   when sick leave is for a period of three (3) days or less, a teacher shall provide a declaration as to the reason for the absence under clause 11.1;

11.4.2   when sick leave is for a period in excess of three (3) consecutive teaching days, a teacher shall provide upon the request of the Superintendent of Schools, a certificate signed by a medical practitioner indicating that the absence was necessitated by medical disability.

11.5   Clause 11.1 does not apply to teachers during their first year of employment with the Employer. During their first year of employment, annual sick leave without loss of salary shall be granted to a teacher for medical disability for twenty (20) operational days. Notwithstanding the foregoing, a teacher in the first year of employment will be entitled to ninety (90) calendar days of sick leave in the event that the teacher is continuously absent in excess of ninety (90) calendar days and is approved for extended disability benefits (EDB).

12.0   COMPASSIONATE LEAVE

12.1   Leave necessitated by the critical illness or death of a spouse, child, parent, brother, sister, parent of spouse, son-in-law, daughter-in-law or relation who is a member of the employee's household, shall be granted with full salary by the Employer, as follows:

12.1.1   Up to and including four operational days for critical illness;

12.1.1.1   The Employer may require a medical certificate under clause 12.1.1 at its discretion.

12.1.2   Up to and including four operational days in the event of death with an additional two days for travel when events require the teacher to leave the province.

12.2   Leave necessitated by the death of a grandparent, grandchild, grandparent of spouse, grandchild of spouse, brother-in-law, sister-in-law, aunt or uncle shall be granted with full salary by the Employer for up to two (2) operational days with the possibility of an additional two (2) days for travel.

12.3   Notwithstanding the foregoing, the Employer will grant without pay any additional leave necessary under clauses 12.1.1, 12.1.2 and 12.2.

13.0   MATERNITY AND PARENTAL LEAVE

13.1   Teachers are entitled to maternity leave. Maternity leave shall be granted under conditions specified below:

13.1.1   Subject to the Employment Standards Code, the maternity leave will begin at the discretion of the teacher. The teacher shall, whenever possible, notify the Employer of leave requirements three (3) months in advance of the first date of leave. Such notice shall include the intended commencement date and the intended date of return. When possible, the commencement of the leave and the return to work shall be at natural breaks in the school year.

13.1.2   Maternity leave shall be for a maximum of fifteen (15) weeks.

13.1.3   The teacher may access parental leave for an additional thirty-seven (37) weeks.

13.1.4   The teacher may terminate the leave at any time. The teacher shall give the Employer no less than four (4) weeks notice, in writing, of the intended date of return.

13.1.5   The teacher shall provide a statement from her physician or an Alberta-certified midwife certifying she is pregnant and giving the estimated date of delivery.

13.1.6   Maternity leave shall be without pay except as provided in clause 13.1.7.

13.1.7   At the commencement of maternity leave, the teacher, providing she has at least twelve (12) months continuous employment at the time of the commencement of the maternity leave, shall be eligible for one of the following options:

13.1.7.1   If the absence begins prior to twelve (12) 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 Plan D1 of the disability section of the Alberta School Employee Benefit Plan. The teacher shall provide a medical certificate indicating that she is unable to work because of a medical condition.

13.1.7.2   If the absence begins within twelve (12) weeks before the estimated date of delivery or on the date of delivery, the teacher shall choose either (a) or (b). Such choice shall apply until the teacher returns to work after the delivery.

(a) The teacher may access sick leave entitlement with pay as specified in clause 11.0 for the period of illness or disability.

(b) The Employer shall implement a supplementary unemployment benefits plan which shall provide teachers on maternity leave with 100% of their salary during eighteen (18) weeks of leave.

13.2   A teacher returning from maternity leave shall be returned to a position no less favourable than her position at the time of the commencement of the leave.

13.3   The Employer shall pay the portion of the teacher’s benefits plan premiums specified in clause 8.0 of the Collective Agreement during the sick leave or the eighteen (18) weeks leave referenced in 13.1.7.2.

13.4   Parental Leave

13.4.1   The Employer shall grant parental leave to the teacher in the following circumstances:

13.4.1.1   a period of not more than thirty-seven (37) consecutive weeks within fifty-two (52) weeks after the child’s birth;

13.4.1.2   in the case of an adoptive parent, a period of not more than thirty-seven (37) consecutive weeks within fifty-two (52) weeks after the  child is placed with the adoptive parent for the purpose of adoption.

13.4.1.3   an additional period of up to fifteen [15] weeks to extend parental or adoption leave. The date for return to work shall be mutually agreed between the teacher and the employer prior to the commencement of this leave.

If both parents are teachers, the parental leave may be accessed entirely by one of the parents or shared between the parents. However, the Employer is not required to grant parental leave to more than one employee at a time.

13.4.3   Notice of Parental Leave

13.4.3.1   A teacher must give the Employer at least six (6) weeks of notice of the date the teacher will start parental leave.

13.4.3.2   Employees who intend to share parental leave must advise the Employer of their intention to share parental leave.

13.4.4   Notice of Resumption of Employment

13.4.4.1   A teacher who wishes to resume working on the expiration of a maternity leave or parental leave shall give the Employer at least four (4) weeks written notice of the date on which the teacher intends to resume work and, in no event not later than four (4) weeks before the end of the leave period to which the teacher is entitled, or four (4) weeks before the date on which the teacher has specified as the end of the teacher’s leave period, whichever is earlier.

13.4.4.2   Where a teacher is entitled to resume work under this Article, the Employer must:

(a) reinstate the teacher in the position occupied when maternity or parental leave started; or (b) provide the teacher with alternative work of a comparable nature at not less than the earnings and other benefits that had accrued to the teacher when the maternity or parental leave started.

13.4.4.3   A teacher who does not wish to resume employment after maternity or parental leave must give the Employer at least four (4) weeks written notice of intention to terminate employment.

13.4.4.4   Notwithstanding the foregoing, when staff reduction or program elimination is necessary, the Employer may place the teacher in a position of comparable nature at not less than the same wages and other benefits that had accrued to the teacher to the date that the leave commenced. With respect to staff reduction or program elimination, the teacher shall not have any advantage nor suffer any disadvantage as a result of having been on leave.

14.0   EDUCATIONAL LEAVE

14.1   In the interest of improving the academic and professional education of the teachers as well as to provide opportunity for travel or experience which the Employer judges to be useful in improving the service of its teachers, the Employer agrees to maintain in force a policy governing the granting of educational leave in its Policy Handbook.

14.2   Providing that suitable recommendations have been received from the Education Leave Selection Committee, the Employer may grant:

- one (1) or more Category A leave, and
- one (1) or more Category B leave.

14.3   Upon request, the Employer shall provide annually to the ATA Local the number of teachers who applied for educational leave under clause 14.

15.0   TEMPORARY LEAVE OF ABSENCE WITH FULL PAY

15.1   Temporary leave of absence shall be granted with full pay as follows:

15.1.1   In consultation with the Principal, for operational days on which the teacher is unable to reach the school from his or her residence because of impassable roads;

15.1.2   For one (1) operational day to attend the convocation at the post-secondary institution or high school graduation at which he/she or his/her son, daughter or spouse is receiving a degree or diploma;

15.1.3   For two (2) operational days for the process of adoption of a child;

15.1.4   For two (2) operational days for paternal leave in the event of a birth;

15.1.5   For days necessarily absent by a teacher elected to the Provincial Executive Council of The Association provided an amount equal to the cost of a replacement teacher be paid to the Employer by The Association;

15.1.6   For days, ½ days or alternative arrangements to attend ATA local business by a teacher elected as President of the Association’s Local to a maximum of 25% of a teacher’s assignable time subject to negotiation between the Superintendent of Schools and Chair of the Economic Policy Committee. The ATA Local will reimburse the Employer for amount of leave.

15.1.7   For jury duty or any summons related thereto; or to answer a subpoena or summons to attend as a witness in any proceeding authorized by law to compel the witness provided that the teacher remits to the Employer any witness fee or stipend (excluding allowances and/or expenses) set by the court or any other body.

15.1.8   For two operational days for other personal reasons. Such leave shall not be used to extend a vacation period or a long weekend without the prior approval of the Employer. The number of teachers accessing this Clause from a school on any one day shall not exceed 20% of the school’s teaching staff. Schools with less than five teachers are exempt from this limitation. Leaves under this Clause will be granted on a first come first served basis.

15.1.9   A teacher may use up to five days of his/her sick leave entitlement per school year in order to attend to the medical needs of his/her sick child, grandchild, spouse, parent, or an individual who resides in the teacher’s household.

15.1.10   Teachers who participate in the deployment of the Crisis Response Team shall be granted, with full salary by the Employer, one operational day following the completion of the deployment.

15.2   Notwithstanding the foregoing, the Employer will grant with full pay, less one two-hundredth for each day of leave, any additional leave necessary under clause 15.1.

16.0   TEMPORARY LEAVE OF ABSENCE WITH FULL PAY LESS COST OF A REPLACEMENT TEACHER

16.1   Temporary leave of absence shall be granted with full pay less the cost of a replacement teacher as follows:

16.1.1   For one (1) operational day for serving as a pallbearer;

16.1.2   For one (1) operational day in order to write a post-secondary examination in an academic or professional course;

16.1.3   For one (1) operational day for other personal reasons.

16.1.4   For the Negotiation Sub-Committee, such days as mutually agreed by the parties.

16.1.5   For teachers appointed to local or provincial committees, a total of twenty (20) days per school year to attend to ATA Local business or other such days as approved by the Superintendent.

16.2   Notwithstanding the foregoing, the Employer will grant with full pay less one two-hundredth, one day of additional leave necessary under clause 16.1.

17.0   LEAVES OF ABSENCE

17.1   Leaves of absence may be granted by the Employer with pay and Employer contributions to benefit premiums, without pay and with Employer contributions to benefit premiums, or without pay and without Employer contributions to benefit premiums. Teachers on Extended Disability Benefit [EDB] leave shall continue to have the Employer contribution to benefit premiums provided for those plans for which premiums are not waived by the plan carrier.

17.1.1   Teachers who wish to be considered for a long-term leave of absence shall normally notify the Employer by March 31.

18.0   ABSENCE FORMS

18.1   All leaves shall be reported on the absence form provided by the Employer respecting the privacy of teachers.

19.0   TEACHER BOARD ADVISORY COMMITTEE

19.1   The Teacher Board Advisory Committee (TBAC) shall consist of three trustees, one of whom shall act as Chair, the Superintendent or designate and a teacher from each of the schools within the Division. All proposed changes initiated by the Employer in policy, regulations, and Administrative Practices concerning teachers' working conditions shall be referred to the TBAC for consideration and recommendation. All requests by the Association for changes in Employer policy and regulations shall be referred to the TBAC for consideration and recommendation to the Employer.

19.2   The TBAC shall meet upon the request of either party.

20.0   HEALTH PROVISIONS

20.1   Further to the certificate mentioned in Section 111(3) of the School Act, as amended, the Employer shall be entitled to require at any time an examination by a doctor or dentist selected by the Employer.

21.0   GRIEVANCE PROCEDURE

21.1   The purpose of the grievance procedure is to ensure that any grievance is processed in an expeditious manner, therefore, compliance with the provisions is mandatory. If the Employer fails to comply with the provisions, the grievance may be processed to the next step. If the grievor fails to comply with the provisions, the grievance shall be considered abandoned.

21.2   Any difference between any teacher covered by this Agreement, or in a proper case between the Association and the Employer, concerning the interpretation, application, operation or alleged violation of this Agreement, and further including any dispute as to whether the difference is arbitrable, shall be dealt with as follows:

21.2.1   Step A - Such difference (hereinafter called "a grievance") shall be promptly submitted in writing to the Superintendent of Schools and to the Coordinator of Teacher Welfare of The Alberta Teachers' Association. Such written submission shall be made within thirty (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 the remedy sought.

21.2.2   Step B – The Employer shall render a decision in writing within twenty-one (21) days following receipt of the submission.

21.2.3   Step C - In the event the grievance is not resolved within twenty-one (21) days following receipt of the submission or the grievor does not agree with the decision rendered by the Employer, then the Association may, by written notice, submit the grievance to arbitration as hereinafter provided. Such notice must be given within ten (10) days after the aforesaid twenty-one (21) days time limit expires or a written decision is rendered and received by the grievor.

21.3   Arbitration Procedure

21.3.1   The notice referred to in clause 21.2.3 shall specify the name or a list of names of the person or persons it is willing to accept as the single arbitrator.

21.3.2   On receipt of a notice referred to in clause 21.3.1 the party receiving the notice,

21.3.2.1   if it accepts the person or one of the persons suggested to act as arbitrator, shall, within seven (7) days, notify the other party accordingly, and the grievance shall be submitted to the arbitrator, or

21.3.2.2   if it does not accept any of the persons suggested by the party sending the notice, shall, within seven (7) days, notify the other party accordingly and send the name or a list of names of the person or persons it is willing to accept as the single arbitrator.

21.3.3   If the parties are unable to agree on a person to act as the single arbitrator either party may request the Director of Mediation Services, Alberta Labour, in writing, to appoint a single arbitrator.

21.3.4   The arbitrator may, during the arbitration, proceed in the absence of any party or person who, after notice, fails to attend or fails to obtain an adjournment.

21.3.5   The arbitrator shall inquire into the grievance and issue an award in writing, and the award is final and binding on the parties and on every teacher affected by it.

21.3.6   The parties agree to share equally the expenses of the arbitrator.

21.4   Where any reference in either clause 21.2 or 21.3 is to a period of days, such period shall be exclusive of Saturdays, Sundays, statutory and Employer-declared holidays.

22.0   SUBROGATION

22.1   If you receive sick leave benefits because you’ve been injured through the fault of another party, the Employer has subrogation rights. This means you may make a claim to recover the amount of these benefits from the other party. Depending on the amount of the outcome of your claim, you may be obliged to reimburse the Employer for any benefits which have been paid or will be paid to you.

23.0   MISCELLANEOUS

23.1   Nothing herein contained, except clause 9.3.2, shall reduce a teacher's salary below the amount payable as set out in clause 4.1 immediately prior to the effective date hereof.

23.2   The previous Collective Agreement between the parties is hereby cancelled.

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

23.4   Teachers who work at more than one school shall have their supervision duties at each school adjusted to match their FTE at each school.

24.0   WORKPLACE HEALTH AND SAFETY COMMITTEE

24.1   The parties recognize a teacher’s right to a safe working environment. The Employer has the primary responsibility for ensuring that a safe environment prevails in the workplace and to take appropriate measures to achieve this result. Teachers have a responsibility to assist the Employer in this regard.

24.2   The parties agree to develop and maintain a Workplace Health and Safety committee. The ATA will provide two representatives to this committee. The Employer may invite other employee groups to each provide up to two representatives to be part of this committee. The mandate of the committee will be to provide recommendations to the Employer in the development of a Workplace Health and Safety Policy and to provide a forum for the discussion of Workplace Health and Safety issues that may occur from time to time. The committee shall meet at least twice per school year.

24.3   The Employer shall ensure that teachers in YDP, MLC, SLC work in a safe work environment considerate of the safety issues unique at the school. To protect teachers, the staffing complement shall include a minimum of two staff members at all times.

25.0   STAFFING

25.1   Any teacher employed on a part-time continuous contract shall be given the opportunity to access a full-time contract when a suitable position is available through the process of internal posting only.

26.0   TRANSFERS

26.1   The Employer shall develop a procedure that allows teachers to request a transfer from one school to another. The procedure must be posted in each school in an appropriate location.

26.1.1   Teachers who wish to be considered for transfer shall normally notify the Employer by March 31.

26.1.2   Should a teacher apply for a transfer and not be selected, the teacher may request a written explanation of the reason(s) which the Employer will provide within 14 days.

27.0   T2200 – EXPENSE REIMBURSEMENT

27.1   All teachers shall be entitled to obtain a T2200 – Declaration of Conditions for Employment form, fill it out and have it reviewed by the Secretary-Treasurer for consideration and approval. This document allows the claiming of classroom expenses, at the discretion of the teacher, on their annual tax return, as per Canada Revenue Agency guidelines and requirements.

APPENDIX A

Return to Work Certificate

1.  Employee’s Name _____________________________________________________________

2.  Job Title/Occupation ___________________________________________________________

3.  Current Work Capability ________________________________________________________

Pre-disability/illness work without job modifications

Modified work

Not capable of any work, from _____________________  to ______________  (if known)

4.  Next medical review: __________________________________________________________

5.  Additional Comments: _________________________________________________________