It is the intent and purpose of the Parties to this Agreement to provide a basis for both parties to improve the pedagogical services rendered to the students of the Division, to promote and improve the working relations between the Division and the Association, to establish a salary schedule and a basis to facilitate the resolution of all grievances and disputes between the Parties, and to regulate conditions of employment for members of the Association employed by the Division.
The spirit of this Agreement is that the members of the Association shall do their best to live up to the professional spirit for which the Association stands, while on its part, the Division shall administer this Agreement in a fair and reasonable manner and do its best to provide the climate to permit the members of the Association to operate efficaciously.
The Division recognizes the Association as the sole bargaining agent on behalf of all teachers who have duly signed a teaching contract with the Division, excluding members of the superintendent's sector.
Edit paragraph text.
This Agreement shall become binding and take effect as at July 1, 2014 and shall remain in effect until June 30, 2018. The collective agreement shall automatically renew itself thereafter from year to year unless either party gives the other written notice, by registered mail, or delivered in person indicating its intention to terminate or to amend the Agreement, such notice to be given between 30 and 90 days before the Agreement expires. It is agreed that, in such event, the parties shall meet to commence negotiations within ten (10) working days of receipt of notice or such further period as the parties may mutually agree. The parties shall make every reasonable effort to conclude a new or amended Agreement.
The Division shall deduct and remit from the wages of each employee affected by this Collective Agreement the amount of the regular fees payable by a member of The Manitoba Teachers' Society and the Association as follows:
1) to The Manitoba Teachers' Society, by the fifteenth day of the month following deduction, an amount equal to the annual fees of The Manitoba Teachers' Society, in ten (10) equal parts deducted from pay cheques from the month of September to the month of June;
2) to the Association, by the fifteenth day of the month following deduction, an amount equal to the annual fees of the Association, in two (2) equal parts deducted from the October and November pay cheques.
The Association shall notify the Division in writing of any changes in the amount of the fees of the Association and/or The Manitoba Teachers' Society at least two (2) months prior to the end of the pay period in which the deductions are to be made.
For new employees, payroll deduction as set out above shall begin from the start of the full pay period immediately following the commencement of employment.
Where there is a difference between the parties to or persons bound by the Agreement or on whose behalf it was entered into, concerning its content, meaning, application or violation, the aggrieved party shall within forty-five (45) teaching days of the event giving rise to the violation or difference, or within forty-five (45) teaching days from the date on which the grievor became aware of the event giving rise to the violation or difference, whichever is later, notify the other party in writing stating the nature and particulars of the violation or difference and the solution sought. If a party to the Collective Agreement claims that the time limit imposed under the Collective Agreement has not been complied with, the parties shall proceed to appoint the Arbitrator or an Arbitration Board and, if the Arbitrator or the Arbitration Board is satisfied that the irregularity with respect to the time limit has not prejudiced the parties to the Arbitration and will not affect the merits of the matter submitted to the Arbitrator or Arbitration Board, it may, on application of any party to the Arbitration, declare that the irregularity does not affect validity of the decision of the Arbitrator or Arbitration Board; and the declaration is binding on the parties to the Arbitration and on any person affected by the decision of the Arbitrator or an Arbitration Board.
If the dispute is not settled within ten (10) teaching days from the date when the Association takes the matter up with the Division or from the date the Division notifies the Association in writing of its desire to have the difference negotiated, the dispute shall, upon the written request of either party, be submitted to an Arbitrator or an Arbitration Board as herein prescribed.
Within ten (10) teaching days of the delivery of the written request to settle the difference by arbitration, each party shall nominate one member, ready, willing and able to sit on the Arbitration Board and two members so selected shall, within a further period of ten (10) teaching days, nominate a chairperson ready, willing and able to serve in the capacity of chairperson of the Arbitration Board. In the event of the failure of the two first mentioned members of the Board to agree upon the selection of a chairperson, the matter shall be referred by them to the Manitoba Labour Board who shall choose the chairperson.
PROVIDED THAT: If the Division and the Association, after delivery of the written request to settle the grievance by arbitration and before the expiration of the ten (10) teaching day period prescribed for the selection of their respective nominees agree that the difference shall be settled by a single-named Arbitrator, the Arbitrator so selected shall have the like authority as the Arbitration Board to make a final settlement of the difference and shall act in the place and stead of the Arbitration Board.
If the parties elect to follow the procedure entailing the appointment of an Arbitration Board, then, in the event of any vacancies on the Board occurring by reason of death, incapacity or resignation or for any other reason, such vacancies shall be filled in the same manner as is provided herein for the establishment of the Board in the first instance.
The Arbitration Board shall enter upon its duties within ten (10) days after the appointment of the chairperson, unless otherwise mutually agreed by the parties and shall render its decision as soon thereafter as possible. If the dispute is referred to a single Arbitrator, he shall enter upon the duties undertaken by him within ten (10) days after his appointment, unless otherwise mutually agreed by the parties and shall render his decision as soon thereafter as possible.
Decisions of the majority of the members of the Arbitration Board (or the decision of the single Arbitrator) made under the authority of this arbitration clause, shall be final and binding upon the parties to this Collective Agreement and upon all persons to whom the Collective Agreement is binding.
If an Arbitration Board is appointed under the authority of this arbitration clause, the expenses, if any, of the members of the Arbitration Board shall be paid as follows:
The Association shall pay the fees and the expenses of the member chosen by it; the Division shall pay the fees and the expenses of the member chosen by it. The fees and expenses of the chairperson shall be divided equally between the Division and the Association. If, however, the parties elect to follow the alternative procedure, the fees and expenses of the single Arbitrator shall be divided equally between the Division and the Association.
The provisions of the Labour Relations Act concerning the appointment, powers, functions and decisions of arbitrators and arbitration boards shall apply.
The Division and the Association recognize the advantages and acknowledge the mutual benefits to be derived from effective communication between trustees, senior administration and the teaching staff.
The Division and the Association recognize the advantages of having a joint committee where teachers, Division administration and trustees may discuss problems of mutual concern so that each may come to a better understanding of the other's needs and goals.
The Committee shall consist of the following:
a) three representatives appointed by the Division
b) three representatives appointed by the Association
The Liaison Committee shall discuss educational needs, trends and innovations in areas directly affecting both parties as well as the policies directly related to education and to the well-being of the teachers in general.
The Liaison Committee shall meet at least four times a year and when either party deems it necessary. Meetings shall be alternately chaired by a representative of the Division and a representative of the Association.
One of the representatives appointed by the Division shall be responsible for convening meetings of the Committee at the request of either party and for the provision of such information as is required and available.
Minutes of meetings shall be recorded and a copy forwarded to each member of the Committee and to the Division and the Association.
All school committees shall be set up in accordance with Section 21.13(2) of The Public Schools Act.
Except as hereinafter provided, every teacher employed by the Division shall be employed under a written form of contract known as Teacher - General.
The exception to 8.01 above shall be temporary and substitute teachers. Every temporary teacher shall be employed under a form of contract approved by the Minister known as Limited Term Teacher – General.
The Division shall not employ more teachers under Limited Term Teacher - General contracts than there are teachers on leave.
Any teacher employed by the Division under successive Limited Term Teacher - General contracts for an uninterrupted period of two (2) consecutive school years and who subsequently is employed for a third successive school year shall be signed to a regular Teacher - General contract.
A teacher who has been employed full time or part time by the Division under a Limited Term Teacher - General contract for two (2) successive school years and who subsequently is employed under a Teacher - General contract shall be deemed to have been employed under a Teacher - General contract since the commencement of her or his duties under a Limited Term Teacher - General contract and shall be entitled retroactively to seniority and to sick leave days accrued since his or her date of hire under a Limited Term Teacher - General contract.
All teachers shall be paid in keeping with the following salary schedule:
SALARY SCHEDULE IN EFFECT FROM JULY 1, 2014 TO JUNE 30, 2015 (+2.0%)
| Years | Class 1 | Class 2 | Class 3 | Class 4 | Class 5 | Class 6 | Class 7 |
|
0 |
34,208 |
38,170 |
41,528 |
50,519 |
54,338 |
57,685 |
61,196 |
|
1 |
35,451 |
39,464 |
43,606 |
53,052 |
56,876 |
60,769 |
63,685 |
|
2 |
37,279 |
41,544 |
45,423 |
56,077 |
59,912 |
63,806 |
66,750 |
|
3 |
39,101 |
43,634 |
47,432 |
59,124 |
62,946 |
66,839 |
69,811 |
|
4 |
40,947 |
45,731 |
49,408 |
62,247 |
66,080 |
69,902 |
73,011 |
|
5 |
42,772 |
48,020 |
51,903 |
65,457 |
69,279 |
72.961 |
76,223 |
|
6 |
44,572 |
52,196 |
59,823 |
68,664 |
72,487 |
76,204 |
79,435 |
|
7 |
|
|
|
71,871 |
75,702 |
79,445 |
82,635 |
|
8 |
|
|
|
74,711 |
78,998 |
82,951 |
86,312 |
|
9 |
|
|
|
79,344 |
83,909 |
89,102 |
93,983 |
SALARY SCHEDULE IN EFFECT FROM JULY 1, 2015 TO JUNE 30, 2016 (+ 2.0%)
The salary schedule from July 1, 2015 to June 30, 2016 will be determined when the Dental Plan and Extended Health Plan premiums are known.
SALARY SCHEDULE IN EFFECT FROM JULY 1, 2016 TO JUNE 30, 2017 (+ 2.0%)
The salary schedule from July 1, 2016 to June 30, 2017 will be determined when the Dental Plan and Extended Health Plan premiums are known.
SALARY SCHEDULE IN EFFECT FROM JULY 1, 2017 TO DECEMBER 31, 2017 (+ 1.5%)
The salary schedule for July 1, 2017 to December 31, 2017 will be determined when the Dental Plan and Extended Health Plan premiums are known.
SALARY SCHEDULE IN EFFECT FROM JANUARY 1, 2018 TO JUNE 30, 2018 (+ 1.5%)
The salary schedule for January 1, 2018 to June 30, 2018 will be determined when the Dental Plan and Extended Health Plan premiums are known.
Teachers working north of the 55th parallel shall receive an annual northern allowance as follows:
$7,248.47 effective July 1, 2014
$7,393.44 effective July 1, 2015
$7,541.31 effective July 1, 2016
$7,654.43 effective July 1, 2017
$7,769.25 effective January 1, 2018
École Saint-Lazare teachers shall receive an annual allowance as follows:
$1,338.18 effective July 1, 2014
$1,364,94 effective July 1, 2015
$1,392.24 effective July 1, 2016
$1,413.12 effective July 1, 2017
$1,434.32 effective January 1, 2018
École Jours de Plaine teachers shall receive an annual allowance as follows:
$892.11 effective July 1, 2014
$909.95 effective July 1, 2015
$928.15 effective July 1, 2016
$942.07 effective July 1, 2017
$956.20 effective January 1, 2018
Teachers shall be placed on the salary schedule in accordance with the salary classification and verified teaching experience as recognized by the Professional Certification Unit of Manitoba Education.
On or before the last teaching day of September of each year, each teacher shall be provided with a statement outlining the placement of the teacher, as per Article 9 of this Agreement, effective at the commencement of that school year. The teacher shall have twenty (20) teaching days from the date of receipt of the statement to inform the Division in writing of any errors in the statement of placement. Failure to inform the Division within the twenty (20) teaching days shall be deemed to be acceptance of the placement for that school year. Included on the statement of placement shall be a warning of the consequences of a failure to reply to perceived errors.
1) Full-time teachers joining the teaching staff during the spring semester (from January to June) shall advance one step on the salary schedule as of the first day of January the fol-lowing year.
2) Full-time teachers joining the teaching staff during the fall semester (from September to December) shall advance one step on the salary schedule as of the first day of September of the following year.
3) Teachers shall advance one step on the salary schedule for each year of experience as verified by the Professional Certification Unit of Manitoba Education, but not exceeding the maximum of their classification.
When a teacher has completed, with success, enough university courses to constitute a full uni-versity year or to complete a university degree or its equivalent, the teacher shall submit to the Board written evidence of recognition by the Professional Certification Unit of Manitoba Education. The change in salary consequent upon the change in classification shall become effec-tive the first teaching month following the written certification by the Professional Certification Unit of Manitoba Education, Citizenship and Youth.
Teachers hired on Letter of Authority shall be paid at a rate one class less than they would be in had professional training been completed.
Teachers employed on a part-time basis shall be paid according to their qualifications in accordance with Article 10 of this collective agreement and at a rate based on the fraction of the time employed.
Part-time teachers shall participate in school activities that occur during the regular school day when requested by the employer. When the employer makes such requests, part-time teachers shall receive a pro rata share of their annual salary rate for the time spent participating in the activities over and above the regularly scheduled teaching time. At the employer's discretion, time in lieu of salary payment may be given.
During each school year, part-time teachers shall participate in administration days, in-service or other professional development activities, prorated in proportion to the teacher’s instructional time. The principal in consultation with the teacher shall arrange the scheduling of these occasions.
All other hiring considerations being equal, part-time teachers shall be afforded preference over new hires for full-time positions for which they are qualified when full-time positions become available. When more than one part-time teacher applies for the same position, length of service under contract with the Division shall prevail in determining the successful candidate.
In determining the fraction that a part-time teacher is employed, the Division shall determine that a part-time teacher's fraction of employment is equal to the fraction that the instructional assignment of the teacher is of the instructional time assigned to a full-time teacher.
Every part-time teacher shall have preparation time prorated in proportion to a full-time teacher’s preparation time.
All salaries are to be paid on a twelve-month (12) basis. An advance of approximately 50% of the net salary shall be paid on the last teaching day before the 16 th day of the month. The balance of the net salary shall be paid on the last banking day of the month. Salary payments for July and August shall be deposited on the last banking day of the month of June.
Salary payment shall be made by direct deposit to the financial institution of the teacher's choice.
The Division shall only be required to deposit the salary payment to one account in one designated financial institution per teacher.
Any administrative costs in future changes to a designated financial institution shall be borne by the member of the Association who requests such a change.
Individual members shall not have the right to request exemptions from having their salaries so deposited.
The daily rates of pay for substitute teachers shall be as follows:
- Certified: $180.00
- Non-certified: $130.00
For the purpose of the 2014-2018 Collective Agreement, the aforementioned daily rates will take effect on the day of signing of this Agreement.
As of the first day of the fall semester 2015, the daily rates of pay for substitute teachers shall be as follows:
- Certified: $183.60
- Non-certified: $132.60
As of the first day of the fall semester 2016, the daily rates of pay for substitute teachers shall be as follows:
- Certified: $187.27
- Non-certified: $135.25
As of the first day of the fall semester 2017, the daily rates of pay for substitute teachers shall be as follows:
- Certified: $190.08
- Non-certified: $137.28
As of the first day of January 2018, the daily rates of pay for substitute teachers shall be as follows:
- Certified: $192.93
- Non-certified: $139.34
A substitute teacher is hired by the Division to replace a regular teacher or to assume a short term teaching assignment of less than twenty (20) days.
A substitute teacher who assumes the teaching workload of a teacher for five (5) consecutive school days or more must be classified in the category of extended substitute teaching.
Upon commencement of the sixth (6th) day of an extended substitute teaching assignment, a substitute teacher shall be paid for each day taught at the per diem rate, to be calculated as 1/x of the salary to which a teacher of the same qualifications and experience would be entitled under the basic salary schedule of the current collective agreement, where x equals the number of days in the current school year. This rate of pay shall be retroactive to the first day of the teaching assignment and shall continue in effect until the end of that specific extended substitute teaching assignment.
In-service days, administrative days and school closure days shall not constitute a break in the consecutive days for that specific teaching assignment.
In addition, Where during an extended substitute teaching assignment, the substitute teacher becomes unavailable to work due to attending what would be described as a family related emergency or for the death or serious illness of the substitute teacher’s immediate family or for attending to MTS or Association business as a representative of the Association, and where the substitute teacher returns to the extended teacher assignment immediately thereafter such unavailability, such days of unavailability as noted above shall not constitute a break in extended substitute teaching.
The definition of “immediate family” for the above clause shall be consistent with the current collective agreement.
A substitute teacher who has been employed for at least twenty (20) days extended substitute teaching shall, on the twenty-first (21st) day, be signed to a Limited Term Teacher – General Contract, unless the return of the regular teacher or conclusion of the substitute assignment is immediately imminent.
Notwithstanding the above paragraph, every time it is known that the extended substitute teaching assignment will last at least twenty (20) days, the substitute teacher must sign a Limited Term Teacher – General Contract.
A substitute teacher who has been employed for at least nine (9) consecutive days of an extended substitute teaching assignment in a school year shall be entitled to one (1) day of sick leave with pay for each nine (9) days taught in that assignment. Sick leave shall not accumulate from assignment to assignment.
The use of sick leave with pay shall not constitute an interruption of an extended substitute teaching assignment.
The following articles of the collective agreement apply to substitute teachers:
Article 1 Purpose
Article 2 Recognition
Article 3 Effective Period
Article 4 Deduction of Professional Fees
Article 5 Dispute Settlement Provisions
The only matters which may be grieved under Article 5 by a substitute teacher or the Association on behalf of a substitute teacher are the provisions of this Article, and the substantive rights and obligations of employment-related and human rights statutes, to the extent that they are incorporated into this collective agreement.
Article 6 Liaison Committee
Article 7 School Committees
Article 9 Salary Schedules
Article 9 shall apply in so much as it relates to the conversion to daily remuneration in accordance with paragraph 13.02.
Article 10 Paragraphs 10.01, 10.04 and 10.05 shall apply in so much as they relate to the conversion to daily remuneration in accordance with paragraph 13.02.
Article 12 Paragraphs 12.02, 12.03, 12.04 and 12.05
Pay relating to the salary earned by substitute teachers during any month shall be forwarded to those teachers not later than the fifteenth ( 15th) day of the following calendar month, unless another remuneration structure is in place.
Article 13 Substitute Teachers
Article 26 Personnel Files
Article 27 Harassment
Article 28 Freedom from Violence
Article 30 Meal Period
Article 31 Complaints Against Teachers
Article 33 Religious Instruction and Practices
A substitute teacher who has been asked to accept an assignment and who reports to work finding that his or her services are not required shall be offered an alternative assignment equivalent in time to the substitute teacher’s original assignment.
Unless otherwise determined at the time of the assignment, or except in unforeseen circumstances, the timetable for a substitute teacher in any assignment shall normally be the same as the timetable as the teacher who is being replaced.
All of the above rates are inclusive of vacation pay.
Teachers in administrative positions shall receive a salary composed of two elements:
(a) A basic salary according to Article 9.00 of this Agreement.
(b) An administrative allowance calculated in accordance with Articles 14.02, 14.03, 14.04 and 14.05 of this collective agreement.
Principals' allowances shall be determined in accordance with the following table:
| Base | For each FTE Teacher | For each student | |
| (registration as of September 30th) | |||
| 2014-2015 | 5,100.00 | 189.57 | 30.11 |
| 2015-2016 | 5,202.00 | 193.36 | 30.71 |
| 2016-2017 | 5,306.04 | 197.23 | 31.33 |
| 2017 (July-December) | 5,385.63 | 200.19 | 31.8 |
| 2018 (January-June) | 5,466.42 | 203.19 | 32.28 |
The annual calculation of the administrative allowances is based on the number of staff members assigned to the school (FTE) as of November 15 of each school year. The staff members include the vice-principals, teachers, teacher-aids, library technicians, custodians, secretaries, and pre-kindergarten teachers. The allowances must be paid retroactively to September 1 of the school year.
Principals who received a greater administrative allowance in 2008-2009 than that which is generated by the formula, will continue to receive the greater amount providing:
(a) the principal stays in the same position at the same school; or
(b) the principals' administrative allowance does not reach or surpass the amount generated by the formula.
Principals working north of the 55th parallel shall receive an annual northern allowance as follows:
$7,141.35 as of July 1, 2014
$7,284.18 as of July 1, 2015
$7,429.86 as of July 1, 2016
$7,541.31 as of July 1, 2017
$7,654.43 as of January 1, 2018
The northern allowance shall be prorated based on the administrative assignment percentage.
Vice-principals' allowances shall be determined in accordance with the following formula:
- Full time: Vice-principals who have been assigned administrative duties for 85 to 100% of the school day shall receive an allowance equal to 50% of the principal's allowance for that school.
- 61 to 84% of the school day: Vice-principals who have been assigned administrative duties for 61 to 84% of the school day shall receive an amount equal to 5/12 of the principal's allowance for that school.
- 60% or less: Vice-principals, who have been assigned 60% or less administrative duties, shall receive an amount equal to 1/3 of the principal's allowance for that school.
The principal and vice-principal allowances shall not be reduced for reasons of transfer from one school to another as principal or vice-principal, provided such transfer is effected at the request of the Division. Said allowance shall be protected for a period of two (2) years. In those cases where a principal or vice-principal has been placed in another position while receiving a protected allowance and benefits from a different allowance, that administrator shall be paid, from the date of such placement to another position as principal or vice-principal, the greater of the two allowances. At the end of the two-year (2) period, the allowance shall be adjusted in accordance with the corresponding allowance for the new position.
The Division shall name one teacher in each school as a designated teacher to assume administrative responsibilities when the school’s principal and vice-principal are both absent from the school, or when the principal, where there is no vice-principal, is absent from the school.
Effective on the day of signing of this Agreement:
1) The annual allowance for designated teachers shall be $1,300.
2) When the teacher designated to serve as the interim principal or vice-principal of the school is not available, his/her replacement shall receive a daily allowance of $50.
In the absence of the principal and vice-principal for a half-day period or more, a substitute teacher will be granted for teaching assignments should the designated teacher request it.
When appointed by the Division to coordinate the teaching in one or more subject areas or grades, department heads and team leaders shall receive a yearly allowance in addition to their salary under Article 9 of this collective agreement and over and above their regular salary calculated as follows:
(a) Where the department or team consists of 6 or fewer teachers (including department head or team leader) the allowances shall be as follows:
$3,569.83 effective July 1, 2014
$3,641.23 effective July 1, 2015
$3,714.05 effective July 1, 2016
$3,769.76 effective July 1, 2017
$3,826.31 effective January 1, 2018
(b) Where the department or team consists of 7 or more teachers (including department head or team leader) the allowance shall be as follows:
$4,235.23 effective July 1, 2014
$4,319.94 effective July 1, 2015
$4,406,34 effective July 1, 2016
$4,472.44 effective July 1, 2017
$4,539.53 effective January 1, 2018
When the Division appoints a teacher to be a full-time coordinator employed in any specific area, that teacher shall receive an annual allowance over and above the regular salary according to Article 9 and calculated as follows:
$15,034.63 effective July 1, 2014
$15,335.32 effective July 1, 2015
$15,642.03 effective July 1, 2016
$15,876.66 effective July 1, 2017
$16,114.81 effective January 1, 2018
Allowances shall be pro-rated for part-time assignments.
Any teacher working in a class with two grades or more shall receive an allowance proportional to the time spent teaching a multi-grade class. Moreover, the allowance is paid proportional to the percentage of the teaching contract.
$1,126.08 effective July 1, 2014
$1,300.00 effective July 1, 2015
$1,326.00 effective July 1, 2016
$1,345.89 effective July 1, 2017
$1,366.08 effective January 1, 2018
The Division shall pay the members of the Association interest on the gross amount of any retroactive pay which may be paid to such members less the amount of any statutory deduction for Canada Pension, Employment Insurance and Income Tax due with respect to that pay. The interest is to be calculated on a monthly basis from the date on which the retroactive salary would have been due until the date of actual payment.
The interest rate used is the Bank of Canada's average prime lending rate for the twelve-month (12) period preceding the interest calculation date.
The Division shall refund the Association a sum equal to five twelfths (5/12) of the premium reductions allowable under the Employment Insurance Act in accordance with the provisions relating to sick leave outlined in article 33 of this Agreement.
The Division shall administer the Manitoba Public School Employees Group Life Insurance Plan #22727 according to the terms and conditions of the Master Policy of the said Plan.
Unless otherwise excluded, the employee's share of annual premiums shall be deducted in equal amounts from each salary cheque, for all participants in the Plan.
All employees coming on staff after the effective date of the implementation of the Plan in the Division shall be required to participate in the Plan, unless granted exclusion by the Trustees of the Manitoba Public School Employees Group Life Insurance Plan.
The Division shall administer The Manitoba Teachers' Society Long Term Disability Insurance Plan for participating employees pursuant to the terms and conditions of the Plan.
The premiums for the Plan shall be paid by each employee participating in the Plan and shall be deducted from each salary payment and remitted to the Plan by the 16th of the month following the deductions.
(a) Commencing February 1, 2005, the Division shall participate in the administration of the Dental Plan administered by MSBA and by the MTS (the “Dental Plan”) in accordance with the general conditions of the Collateral Dental Plan Agreement between the Division and the Association, attached hereto as Appendix C (the “Collateral Dental Plan Agreement”).
(b) All employees covered by this Collective Agreement that are eligible to participate in the Dental Plan shall be required to participate in the Dental Plan, unless they choose to opt out of the Dental Plan in accordance with the conditions of the Collateral Dental Plan Agreement.
(c) The cost of the Dental Plan will be paid by the Division in accordance with the general conditions of the Collateral Dental Plan Agreement.
(d) The Division agrees that the Division’s monthly contribution to the Dental Plan on behalf of each employee will be the monthly rate for family coverage (that is, entitlement to coverage for an employee, his/her spouse, and his/her dependent children, having regard to the definition of spouse and dependent children in the Dental Plan), provided that prior to the beginning of the plan year an employee may elect in prescribed form for reduced coverage as permitted under the terms of the Dental Plan in which case the Division agrees to make monthly payments to the employee as follows:
i) An employee with only one dependent (spouse or child) who is entitled to and does so duly elect to opt down from family coverage under the Dental Plan to coverage for employee and one other family member only, shall receive an amount equal to the difference in the monthly rate between family coverage and coverage for an employee and one dependent only.
ii) An employee with neither spouse nor dependent children, who is entitled to and does so duly elect to opt down from family coverage under the Dental Plan to coverage for an employee only, shall receive an amount equal to the difference in the monthly rate between family coverage and coverage for an employee only.
iii) An employee who is entitled to and does so duly elect to opt out of all coverage on the basis that the employee’s spouse has dental plan coverage, shall receive an amount equal to the monthly rate for family coverage.
a) Commencing January 1, 2000, the Division shall administer The Manitoba Teachers' Society Extended Health Benefit Plan underwritten by Manitoba Blue Cross in accordance with the terms and conditions of that Plan and subject to the provisions of the Collateral Agreement concerning The Manitoba Teachers' Society Extended Health Plan, attached hereto as Appendix A, entered into between the Division and the Association.
b) All Teachers covered by this Agreement that are eligible under the terms of the Extended Health Plan shall be required to participate in this Plan except for those covered by Article 20.02 c) of this Agreement.
c) Any teacher covered by this Collective Agreement who provides evidence of coverage for Extended Health Benefits through a spousal plan shall be eligible to opt out of this Plan and be remunerated in accordance with the salary schedule in Article 9 of this Collective Agreement. Such option shall be exercised within sixty (60) days of receiving coverage through a spousal plan by providing written proof of such coverage to the Division in the form of a letter from the non-member spouse's employer. Any teacher who exercises this option shall only be able to re-enroll in the Plan by providing evidence that spousal plan coverage has lapsed. The decision to re-enroll in the Plan shall be made within sixty (60) days of the loss of spousal plan coverage.
d) Commencing January 1, 2000, the salary of each employee will be reduced by an amount equivalent to the cost of annual premiums for the Extended Health Plan.
e) Extended Health Plan costs shall be paid by the Division in accordance with the Collateral Manitoba Teachers' Society Health Plan Agreement.
The Division shall deduct from salary for each pay period, and in equal amounts, contributions towards a group registered retirement savings plan. The Group RRSP shall be optional and administered by one carrier. Taxation receipts, application forms and the investment of contributions shall be the responsibility of the carrier. Remittances will be forwarded to the carrier by the 16th of the month following the deductions.
Deductions for the Plan shall commence only in January or in September of each year.
All duly completed application forms must be submitted to the Division by the 15th of the month prior to the first month of contributions.
The Division shall administer payroll deductions for the purchase of Canada Savings Bonds.
Teachers who have been granted a leave of absence, maternity, paternity and/or parental leave and who are eligible to continue to participate during their absence in group plans, shall make premium payments under such plans. The teacher upon commencing the leave of absence shall make arrangements to provide to the Division with post-dated cheques sufficient to pay the premiums for the period of the leave of absence. The Division shall make premium payments under the plans on behalf of the teacher during the authorized leave. In the event of a rate change in any of the plans during the duration of the leave the Division shall inform the teacher of the additional sum of money necessitated by the change in rates. The teacher shall forward such sum necessitated by the change in rate.
The Division shall administer The Manitoba Teachers' Society Deferred Salary Leave Plan according to the requirements of the Plan.
The Division, or a person or persons acting on behalf of the Division shall have the right to impose disciplinary measures against a teacher. Moreover, the Division shall have the right to suspend a teacher, with or without pay.
Where the Division, or a person or persons acting on behalf of the Division disciplines any employee covered by this Collective Agreement and where the employee is not satisfied that the discipline is for just and reasonable cause, the Division's action shall be deemed to be a difference between the parties to or persons bound by this Collective Agreement under Article 5.
When such a difference is referred to an arbitration board under Article 5, the arbitrator board shall have the power to:
a) uphold the discipline;
b) rescind the discipline;
c) vary or modify the discipline;
d) order the Division to pay all or part of any loss of pay and/or benefits in respect of the discipline;
do one or more of the things set out in sub-clauses a), b), c), and d) above.
Any teacher who requests access to his or her own personnel file shall have the right to such access and shall be provided with copies of the documents therein.
a) Every teacher shall have the right to enter into his or her own personnel file, a written explanation, interpretation or opposition to a matter documented in that file.
b) The Division shall place no document in a teacher's file without first notifying that teacher. The above provisions do not apply to documents concerning payroll records entered into the teacher's personnel file.
c) When a teacher reviews his or her file, that teacher and the Division are entitled to be accompanied by their respective representatives.
Every teacher has the right to work in an environment that is free from sexual harassment or any other type of harassment.
All allegations and investigations of harassment and the steps taken shall be dealt with swiftly and treated in the strictest confidence.
Every teacher has the right to a working environment free from all physical violence, verbal abuse, or the threat of physical assault.
This article is subject to The Public Schools Act and regulations thereto, and is not intended to abrogate the Division's rights with respect to the student disciplinary process.
Teachers shall not have the right to grieve individual student disciplinary decisions made by the school administration.
Unless there is mutual agreement between a teacher and the Division for a transfer to occur, a teacher may be transferred only for fair, reasonable and educationally justifiable cause.
When a teacher is transferred by the Division, the Division shall pay relocation costs up to an amount of:
$1,264.97 effective July 1, 2014
$1,290.27 effective July 1, 2015
$1,316.08 effective July 1, 2016
$1,335.82 effective July 1, 2017
$1,355.86 effective January 1, 2018
if the transfer involves a distance of over 40 km between the teacher's residence and the new location of employment.
Notice of a transfer shall outline the reasons for the transfer and shall be provided to the teacher and the Association no later than June 1st .
A teacher desiring a transfer shall submit a request for a transfer no later than March 15 of the school year prior to the school year for which the transfer is to be effected. The Division shall make reasonable efforts to accommodate requests for transfers.
Nothing in the foregoing shall preclude a teacher applying for a posted vacancy that may occur at any time during a school year, whether or not such teacher has indicated an interest in a transfer.
The Division shall post all teaching assignment vacancies in the staff room of each school in the Division.
Except in cases of emergency, or unforeseen similar circumstances, every full-time teacher shall be entitled to an uninterrupted meal period, of 55 minutes duration, between 11:00 a.m. and 2:00 p.m. daily. Designated staff shall be available during the meal period to attend to emergencies. Every member has the right, on an individual and a volunteer basis, to hold meetings during the meal period.
Notwithstanding Article 30.01 above, should early dismissal be necessary due to student bussing schedules and if as a result, the meal period of these students has to be shortened, any changes to be made to the provisions of the Collective Agreement for the specific school must be the subject of a letter of understanding between the parties.
Should the Division receive a serious complaint regarding a member of the Association, the Division shall communicate, in writing, the complaint received to the member concerned. Prior to making any judgment regarding the complaint, the Division shall afford the member an opportunity to appear and answer to that complaint, either personally or by representative.
Where it is determined by the Division that a lay-off is necessary and where natural attrition, transfers, sabbaticals and leaves of absence do not affect the necessary reduction in staff, the Division shall give first consideration to retaining teachers having the greatest length of service with the Division.
Notwithstanding the foregoing, the Division shall have the right to disregard the length of service of any teacher in the event of a lay-off, if such teacher does not have the necessary training, academic qualifications or experience for a specific teaching assignment.
a) Training: Instruction received as preparation for the profession of teaching, which instruction leads to the development of a particular skill or proficiency with respect to a particular subject or subjects.
b) Academic Qualifications: Refers to the classification in which a teacher is placed by the Professional Certification Unit of Manitoba Education.
c) Experience: The practical application of the training over a period of time with respect to the particular subject or subjects.
d) Continuous Employment: The teacher's length of employment with the Division from the date of hire under one or more successive Limited Term Teacher - General or Teacher - General contracts as long as there is no break in actual teaching service between contracts. For purposes of seniority list placement of teachers employed as of the first year of operation of the Division, employment with the Division shall be deemed to include employment with a provider school board as defined in Sections 21.44 and 21.45 of the Public Schools Amendment (Francophone Schools Governance Act). This recognition of employment with the provider school board for purpose of seniority shall continue for the duration of the teacher's employment with the Division. Approved leaves of absence up to a maximum of two years of consecutive leave at any one time shall not constitute a break in continuity of service. Approved leaves of absence longer than two consecutive years shall result in that individual retaining but not accruing credit for service. Leaves for compassionate reasons as may be mutually agreed upon by the Association and the Superintendent, parenting leaves, sick leaves and secondments shall not constitute a break in continuity of service regardless of their duration.
a) The Division shall maintain a seniority list showing the date upon which each employee's service commenced. Such list shall be posted in each school by January 1st of each school year and a copy shall be sent to the Association. The Association and/or the teacher shall be permitted to protest any alleged omission or incorrect listing until January 31st of that year. In the event of an omission or incorrect listing being brought to the Division's attention after January 3lst, the teacher shall have the right to correct the listing at the next scheduled posting of the list.
b) In the event of an impending lay-off, the Division shall meet with the Executive of the Association to discuss the implications of the lay-off and shall provide the Association with a list of teachers to be laid off. The meeting shall be held no later than the 1st day of November or the 1st day of May, as the case may be, or at such other date as the parties may otherwise mutually agree upon.
Length of teaching service shall be determined on the basis of the following:
a) The teacher's length of continuous employment with the Division as defined in Article 32.03 d).
b) Where teachers have the same length of continuous employment with the Division, the length of teaching service shall be determined on the basis of total teaching employment in the Division.
c) Where teachers have the same length of service as in b) the length of teaching experience shall be determined on the basis of total teaching employment as verified by the Professional Certification Unit of Manitoba Education.
d) Where teachers have the same length of service as in c), the length of teaching service shall be determined on the basis of total teaching employment recognized by the Professional Certification Unit of Manitoba Education.
e) If the length of teaching service, as in d) is equal, the order of the teachers' listing on the seniority list shall be determined by lot.
Notice of any lay-off to become effective at December 31 or at June 30, as the case may be, shall be given to teachers no later than five teaching days following the meeting referred to in 32.04 b). Lay-offs may occur only at December 3l or at June 30 of any school year. Any teacher given notice of lay-off shall be placed on the recall list.
If, after lay-offs have occurred and for a period of one (1) calendar year after the 30th of September following the date of lay-off, positions become available, teachers who have been laid off shall be offered the positions first, providing such teachers have the necessary training, qualifications or experience for the position available. Length of service with the Division shall be used to determine the order in which laid-off teachers are offered the available positions.
Teachers shall keep the Division informed as to their current address.
Teachers shall be recalled by registered letter and must reply by registered letter to the Division within seven (7) days of receiving the letter of recall. Failure to contact the Division shall result in the loss of all recall rights.
If a teacher is recalled as provided in 32.09, the following shall not be affected:
(a) Accumulated sick leave gained prior to being laid off, but sick leave shall not be accrued for the period of the lay-off.
(b) Seniority.
A teacher shall lose seniority or right to recall for any of the following reasons:
a) The teacher resigns.
b) The teacher becomes employed by another school board except in the case of employment under a temporary contract.
c) The teacher fails to return to work after the termination of any leave granted by the Division.
d) The teacher is not recalled within one (1) calendar year after September 30th following the date of lay-off.
e) The teacher's contract is terminated for cause.
f) Any teacher on the recall list who refuses to accept a position for which the teacher has the necessary training, academic qualifications or experience to perform the work in the offered position shall forfeit all rights of seniority and recall.
A teacher who has lost his/her right of recall as a result of the application of this clause shall be notified as soon as possible that his/her teaching contract has been terminated.
Notwithstanding any other provision of this Agreement, the foregoing lay-off provisions shall not apply to a teacher employed under a Limited Term Teacher - General contract. However, no teacher shall be laid-off who has been employed by the Division under a Teacher - General contract if there is a teacher employed under a Limited Term Teacher - General contract in a position for which the teacher with a Teacher - General contract has the necessary training, academic qualifications or experience.
A teacher is not obliged to provide religious instruction, to take part in such instruction or to assume responsibility for such instruction, including the teaching of the catechism, unless he/she has explicitly indicated, in writing, his/her willingness to do so, in keeping with the provisions of the protocol provided in Appendix D of this collective agreement.
A teacher is not obliged to direct religious practices, or assume responsibility for such practices unless he/she has explicitly indicated, in writing, his/her willingness to do so, in keeping with the provisions of Appendix D of this collective agreement.
Effective on the day of signing of this Agreement, any teacher under contract shall be entitled to sick leave, such leave to accumulate on the basis of twenty (20) teaching days a year accumulative to a maximum of 130 days.
Once the maximum number of days has been accumulated, a teacher regains any sick leave which he/she has used at the rate of twenty (20) days a year.
No teacher shall begin a school year with less than twenty (20) teaching days for sick leave purposes except in the case of a new employee who must actually teach for at least one day before any sick leave days are credited to that teacher.
Part-time teachers under contract shall receive pro-rated sick leave benefits.
Each teacher shall be notified on or before September 30th of each school year as to the number of sick leave days he/she has accumulated.
Teachers employed on a Limited Term Teacher – General contract shall be entitled to sick leave during the term of the contract under the same terms and conditions as a teacher employed on a Teacher – General contract by the Division but the number of days entitlement shall be in proportion as the total number of days taught is of the number of days in the current school year multiplied by twenty (20).
When a teacher suffers an on-the-job injury and is absent from work as a result of that injury, the Division shall continue to pay the salary of that teacher during such absence, limited to the extent of the accumulated sick leave balance at the time of suffering the on-the-job injury, or the waiting period for Long Term Disability Insurance benefits, whichever is greater. The period of absence from work as a consequence of the on-the-job injury shall not be charged against the accumulated sick leave balance.
For the purpose of this Article "On-the-job Injury" shall be defined as follows: A disability resulting from an accident/incident occurring on Division premises or in the course of performing duties arising out of employment with the Division.
When a teacher suffers an on-the-job injury, the Division will reimburse a maximum of $1,000 of the teacher’s out-of-pocket expenses directly related to the injury upon receipt of supporting documentation. Expenses covered by the employee’s insurance or by other plans are not applicable. The expenses must be submitted within 12 (twelve) months of the injury.
The last paragraph of this article will take effect on the date of signing.
Sick leave is not payable to a teacher:
(a) who is engaged in employment for wage or profit with another employer except when such employment occurs as a result of a program of rehabilitation employment approved by the Disability Benefits Plan.
(b) whose illness results from the use of drugs or alcohol and is not receiving continued treatment from a licensed physician or in a recognized program of treatment for the use of drugs or alcohol.
(c) who, in respect of an illness or injury resulting from a motor vehicle accident, is receiving wage loss replacement benefits from the Manitoba Public Insurance Corporation to the extent that such benefits and paid sick leave exceed the teacher’s normal salary. In such cases the teacher shall reimburse the Division the amount of benefit received from M.P.I.C.
(d) who is absent from work because of plastic surgery performed solely for cosmetic purposes except where the need for surgery is attributable to illness or injury.
Effective on the day of signing of this Agreement, when a death occurs in the immediate family of a member of the teaching staff, the full salary of the teacher shall be paid during the normal period of absence as set out in the following chart showing the allowable absences according to the relationship to the deceased:
1) Spouse or common-law spouse – 5 days
2) Child or children – 5 days
3) Immediate family member living in the household residence – 5 days
4) Parent or parent-in-law, brother or sister, grandchild, son-in-law, daughter-in-law – 5 days
5) Grandparent– 3 days
6) Brother-in-law or sister-in-law – 2 days
7) Aunt or uncle, niece or nephew – 1 day
8) Spouse’s grandparent, aunt or uncle – 1 day
With regard to paragraphs 1 to 8 of Article 35.01, when travel is necessary in order to participate in bereavement ceremonies and the travel distance exceeds 600 kilometres from the employee’s residence, the employee shall be allowed an extended absence of 2 additional days.
The addition of point 8 to this article will take effect on the date of signing.
Leave without loss of pay beyond the time and for persons other than provided for herein may be granted at the discretion of the Superintendent.
For life-threatening illnesses, as defined in the Employment Insurance Act, occurring in a teacher’s immediate family, the teacher shall be granted three (3) days of compassionate leave without loss of pay for illness of a spouse, child, and spouse’s child or for any other child in his or her charge or for a father or mother.
The change from 2 to 3 days will take effect on the date of signing.
At the discretion of the Division, leave with or without pay may be granted for compassionate reasons for a period of time which extends that which is stipulated above for persons not listed above.
Any teacher is entitled to take up to a maximum of five (5) days of sick leave per school year in the event of illness, injury, accident or medical appointment for a member of his/her immediate family. Immediate family members include the teacher’s spouse, common-law spouse, one or more dependent children and parents. For the purposes of this article, in the event that both parents of a child are teachers governed by this collective agreement, the two parents are not entitled to take this leave at the same time. Inasmuch as possible, medical appointments shall be scheduled outside school day hours.
The change from 4 to 5 days will take effect on the date of signing.
(a) Every female member of the Association shall be entitled to maternity leave.
(b) The condition of maternity leave shall be determined by the member and the Division to their mutual satisfaction.
(c) The Division shall provide the member with a copy of the agreement reached in clause b) above.
(d) Maternity leave shall not constitute a break in employment.
(e) At the termination of the maternity leave the member shall be reinstated in the position occupied by her at the time such leave commenced or in a comparable position with no less than the same salary and benefits.
(f) Nothing in the foregoing shall reduce the rights of a member for maternity leave as outlined in the Employment Standards Act.
(a) Every member of the Association shall be entitled to leave for the adoption of a child or children.
(b) The condition of the adoptive leave shall be determined by the member and the Division to their mutual satisfaction.
(c) The Division shall provide the member with a copy of the agreement reached in clause b) above.
(d) Adoptive leave shall not constitute a break in employment.
(e) At the termination of the adoptive leave the member shall be reinstated in the position occupied by her or him at the time such leave commenced or in a comparable position with no less than the same salary and benefits.
(a) Any teacher shall be entitled to parenting leave for the birth of a child or children.
(b) The condition of the parenting leave shall be determined by the teacher and the Division to their mutual satisfaction.
(c) The Division shall provide the teacher with a copy of the agreement reached in clause (b) above.
(d) Parenting leave shall not constitute a break in employment.
(e) At the termination of the parenting leave the teacher shall be reinstated in the position occupied by him at the time such leave commenced or in a comparable position with no less than the same salary and benefits.
Effective on the date of signing of this Agreement, every male member shall be entitled to three (3) days paid paternity leave without loss of pay or benefits for the birth of a child or children.
(a) After having worked for the Division for a period of seven (7) consecutive months, a teacher who is eligible for maternity leave in keeping with Manitoba’s Employment Standards Act and who is also eligible for employment insurance benefits under the Canadian Employment Insurance Act is entitled to receive remuneration equivalent to ninety percent (90%) of the gross salary which she was earning when she went on leave. This remuneration must include all of the benefits from Human Resources Development Canada (HRDC) under a supplementary unemployment benefits (SUB) plan.
(b) With respect to the period of the maternity leave, the remuneration provided under the supplementary unemployment benefits plan must be paid to the teacher as follows:
i) For the first two weeks, remuneration equivalent to ninety percent (90%) of her gross salary, and
ii) For an additional maximum period of fifteen (15) weeks, remuneration equivalent to the difference between the employment insurance benefits to which the teacher is entitled and ninety percent (90%) of her gross salary.
(c) Effective on the date of signing of this Agreement, after having been employed by the Division for a period of seven (7) consecutive months, any teacher who is eligible for adoptive or parental leave in keeping with Manitoba’s Employment Standards Act and is also eligible for employment insurance benefits in keeping with the Canadian Employment Insurance Act is entitled to receive remuneration equivalent to ninety percent (90%) of the salary which he/she was earning when he/she went on leave. This remuneration must include all of the benefits received from Human Resources and Development Canada (HRDC) under a supplementary unemployment benefits (SUB) plan.
(d) Effective on the date of signing of this Agreement, with respect to the period of the adoptive or parental leave, the remuneration provided under the supplementary unem-ployment benefits plan must be paid to the teacher as follows:
i) For the first two weeks, remuneration equivalent to ninety percent (90%) of his/her gross salary, and
ii) For an additional maximum period of eight (8) weeks, remuneration equivalent to the difference between the employment insurance benefits to which the teacher is entitled and ninety percent (90%) of his/her gross salary.
(e) Effective on the date of signing of this Agreement, when a portion of the seventeen (17) weeks of maternity leave indicated in subsection b) above or a portion of the ten (10) weeks of adoptive or parental leave indicated in subsection d) above falls during the summer, the Christmas vacations, the spring break or any other period during which the teacher does not earn a salary, the teacher is not entitled, in keeping with the provisions of article 38.05 of this collective agreement, to supplementary benefits for this portion of the maternity or adoption leave.
(f) i) If a teacher started her maternity leave before June 30 of a given year and a portion of the first seventeen (17) weeks falls after the start of the fall term of the subsequent school year, that teacher is entitled to supplementary maternity benefits for the portion (if any) of the seventeen (17) weeks of maternity leave that falls after the start of the next fall term.
ii) Effective on the date of signing of this Agreement, if a teacher starts his/her adoptive or parental leave before June 30 of a given year and a portion of the ten (10) first weeks falls after the start of the fall term of the subsequent school year, that teacher is entitled to supplementary adoptive or parental benefits for the portion (if any) of the ten (10) weeks of adoptive or parental leave that falls after the start of the next fall term.
(g) The ten (10) weeks of supplementary employment insurance benefits will be paid immediately following the maternity leave. When a teacher is eligible to receive up to ten (10) weeks of supplementary employment insurance benefits, in accordance with this Collective Agreement, and when the days of leave fall within the period of benefits, these days of leave will not reduce his or her eligibility to the ten (10) weeks of supplementary benefits. These benefits will be paid upon the teacher’s return to work after the leave period.
A member of the Association shall be excused from school duties to attend meetings of the Association or of The Manitoba Teachers' Society, to act as an official representative of the Association or of the Society or to attend to business on behalf of the Association or the Society for a maximum of five (5) teaching days in any school year provided that the cost of providing a substitute for the teacher is assumed by the Association or the Society. No additional leave of absence shall be taken for the above mentioned purposes except with the consent of the Division. Leave of absence from school duties for the purpose of collective bargaining, includ¬ing arbitration, with the Division, shall not be counted. When, for the purpose of negotiating a Collective Agreement with the Division or renewal thereof, meetings with the representatives of the Association are convened during regular working hours of the Association's members, the Division shall grant leave, with full salary, for not more than six (6) members of the Association attending such meetings. Negotiations for the purposes of this Article shall not include concili-ation or arbitration proceedings.
In addition to the number of days provided for in 39.01, the Association shall have access to fif-teen (15) days of leave for Association duties. The determination of access to such leave shall be at the discretion of the President of the Association who shall so advise the Division.
The total number of professional leave days provided for under Articles 39.01 and 39.02 shall not exceed fifty (50) days in any school year.
A teacher employed by the Division who is elected President of the Association, Vice-President, President or President Designate of The Manitoba Teachers' Society or President of the Éducatrices et éducateurs francophones du Manitoba shall be granted a leave of absence to fulfil the duties of that position. At the termination of the leave of absence the teacher shall be entitled to return to the same position the teacher held prior to the commencement of the leave provided the teacher has on or before June 1st in the year of the leave advised the Superintendent in writing of the teacher's intention to return to the position at the commencement of the next teaching year. If the teacher fails to inform the Division in writing of the teacher's intention to return, the Division shall not be required to assign the teacher to the teacher's former position with the Division and the Division is relieved of any obligation to the teacher in this respect.
If the position held by the teacher prior to taking the leave of absence will no longer exists when the teacher resumes active employment with the Division, the Division shall offer the teacher another position which shall be as similar to the previous position held by the teacher as can be reasonably established.
A teacher elected to the Provincial Executive of The Manitoba Teachers' Society shall be granted a secondment to the Society up to one-fifth (1/5) time to attend to the duties of that position. Upon returning to regular full- time duties the teacher shall be entitled to return to the position held prior to being elected.
A teacher elected to the Committee for Employee Benefit Plans of The Manitoba Teachers' Society shall be granted up to twenty (20) days release time to fulfil the duties of that position. The Society shall be responsible for the cost of the substitute teacher employed to replace the teacher during the release time days.
Teachers who have completed eight (8) years of employment, as defined in Article 32 – “Staff Reduction”, with the Division shall be eligible to apply for educational leave. The Division shall have the prerogative of granting an educational leave in particular cases worthy of consideration which would not qualify under the seven year employment clause.
(a) The number of educational leaves approved for any school year shall be three (3), provided that the Division receives at least three (3) applications for educational leave from teachers.
(b) Where more than three (3) applications for leave are received by the Division and all other considerations are very nearly equal, seniority shall be the basis for awarding leave.
Remuneration while on educational leave shall be two-thirds of the salary received by the teacher in the year completed before leave is granted.
All applications must be submitted not later than April 1st of the school year preceding the commencement of the leave.
Remuneration shall be made in the same manner as it is presently for teachers on staff as provided in Article 12. Payment of salary shall be made with the proviso that the teacher shall return to the Division for two years following the year of leave. A teacher who does not return to the employ of the Division for two years shall repay the amount received as set out below:
(a) If teacher does not return - full repayment.
(b) If teacher returns for one year only - 50% repayment.
If a teacher fails to return after an educational leave, full repayment shall be made on or before September 1st of the year that the teacher would normally resume work in the Division.
Any unsubscribed educational leave shall not be carried forward for eligible use in any subsequent year.
The granting of an educational leave for a part-time teacher shall be considered as the granting of the educational leave, not a portion of an educational leave. The fact that a teacher may have been part-time the previous year would have a bearing only on the salary paid to that teacher during the year of an educational leave.
At the termination of the educational leave the teacher shall be entitled to return to the same position the teacher held prior to the commencement of the leave provided the teacher has on or before April 1 in the year of the leave advised the Superintendent in writing of the teacher's intention to return to the position at the commencement of the next teaching year. If the teacher fails to inform the Division in writing of the teacher's intention to return, the Division shall not be required to assign the teacher to the teacher's former position with the Division and the Division is relieved of any obligation to the teacher in this respect.
If the position held by the teacher prior to taking the leave of absence will no longer exists when the teacher resumes active employment with the Division, the Division shall offer the teacher another position which shall be as similar to the previous position held by the teacher as can be reasonably established.
On request, a teacher shall be allowed a one day leave without loss of pay, for the writing of each university examination that falls on a school day, provided the examination is for a course leading to a higher classification on the basic schedule of the Agreement or for a course that will permit a teacher to broaden his or her teaching expertise.
Teachers who have completed two (2) years of employment with the Division shall be entitled to apply for leave of absence without pay for study or for other purposes subject to the following:
(a) All requests for leave of absence shall be made in writing to the Superintendent for referral to the Board.
(b) Applications for leave of absence for the ensuing school year shall be filed with the Superintendent not later than March 15th of the school year preceding the leave. The Superintendent shall respond not later than April 15th. Where leave is requested during the school year, applications shall be filed with the Superintendent, where possible, at least thirty (30) days prior to the date on which said leave is to commence.
(c) Leave of absence may be granted for a period not to exceed two (2) years.
(d) Teachers granted leaves of absence shall be provided upon termination of the leave, the same or a comparable position to that held immediately preceding the leave provided the teacher on leave notifies the Division before April 1st in the school year that the leave occurs of their intention to return to teach in the Division for the subsequent school year. Where the leave terminates at a time other than the end of a school year, the teach¬er shall provide the Division at least sixty (60) days notice of intent to return.
Teachers on leave are subject to the provisions of Article 32 – “Staff Reduction” on the same basis as if they had been in active employment during the year of leave.
Any teacher is authorized to take two (2) days of personal leave per school year without loss of pay. Commencing at the start of the 2012-2013 school year, a personal leave day may be forwarded to the following school year, up to a maximum of three (3) days per year (including the two (2) personal leave days of current school year.) No more than two (2) personal leave days may be used consecutively.
Requests for personal leave days must be submitted in writing to the Superintendent at least one (1) week prior to taking the personal leave days. In case of an emergency, this submission period will not apply.
The personal leave days cannot be used to extend summer, Christmas or spring vacations.
Except for court proceedings related to a teacher’s personal matters, a teacher required to be absent from duties due to attendance at a court of law either as a juror or subpoenaed witness is entitled to such leave with no loss in pay. Any monies the employee receives from the court, less allowances for transportation, meals and accommodation, shall be remitted to the Division upon receipt. When not required in court, the employee shall be at his or her designated work area during regular working hours. Any employee required to be absent for the purposes outlined above shall inform the Division before the beginning of the leave.
Extra-curricular activities are voluntary.
“Extra-curricular activities” means student-related athletic, social, recreational, and cultural activities, occurring outside the normal school day, but does not include activities related to academic or instructional matters or curriculum subjects outside the normal school day, whether such occur alone or with students, parents or administrative staff, such as (without limitation) staff meetings, parent/teacher meetings, committee work, in-service sessions, marking and setting examinations, or marking school assignments.
The parties acknowledge the importance of extra-curricular activities as an integral part of each student’s educational experience.
An eligible extra-curricular activity must have received prior approval from the school principal. The Superintendent of Schools shall adjudicate any dispute as to whether or not a specified activity qualifies under this clause.
Commencing with the start of the 2012-2013 school year, and thereafter, in any school year (as per the Minister of Education Manitoba) a teacher will be entitled to:
i) a paid leave of absence of one (1) day upon performing 50 hours of eligible extra-curricular duties during a school year;
ii) an additional paid leave of absence of one (1) day upon performing an additional 50 hours of eligible extra-curricular duties during a school year;
iii) the dates for such leave days shall be agreed upon between the principal and the teacher.
In the case where a teacher does not accumulate sufficient hours to qualify for the day of paid leave in any school year, the teacher may choose to carry forward these hours to the next school year.
In the case where a teacher accumulates sufficient hours to qualify for the day of paid leave in any school year, the teacher may choose to take the day of paid leave in the following school year. The maximum leave allowed to be carried over by a teacher in any school year shall be one (1) day. The maximum leave allowed to be used in any school year shall be two (2) days.
Extra-curricular leave shall not be used to extend summer vacation, Christmas vacation and/or spring break.
As of the first day of the first semester following the day of signing of this agreement, the Division must provide teachers with a minimum of two hundred and ten (210) minutes of preparation time per cycle of five (5) days. The preparation time must be allocated in increments of at least thirty (30) minutes.
Teachers who accept a position in École La Voie du Nord, École Jours de Plaine or École Saint-Lazare shall receive a maximum reimbursement of $4,000 (with proof/receipts) for the following expenses:
The kilometrage for travel between the previous residence and the new residence as well as, if applicable, the expense of renting a moving van or of hiring a moving company; and
The expense of a hotel room and meals during the move.
Reimbursement requests must be submitted to the Division within eight (8) weeks of the commencement of work at the school.
The maximum reimbursement paid to a teacher eligible for Article 29.02 and the current Article is $4,000.
Teachers of École Saint-Lazare and École Jours de Plaine receive one differed paid leave day for each trip to and from Winnipeg or Lorette for professional meetings convened by the Division. This paid leave day may be taken at the teacher`s discretion, pursuant to a 48-hour notice.
Each school must have a school based professional development committee composed of the school principal or designate and up to three (3) members of the school teaching staff elected by the staff.
The committee mandate consists of:
(a) Elaborating local professional development activities;
(b) Administering a school based professional development fund in accordance with the guidelines established by the DSFM strategic plan, which include the divisional continuous improvement framework and the school’s local continuous improvement plan.
The parties agree to collaborate in good faith in the application of this clause.
The Division will ensure that a minimum of two (2) positions, remunerated at the maximum of the class 7 level, be at the disposal of these committees.
IN WITNESS WHEREOF the Division’s and the Association’s commitment to this Agreement is duly attested by the signatures of their proper officers on their behalf on this 27th day of May, 2015.
ASSOCIATION DES ÉDUCATRICES DIVISION SCOLAIRE
ET ÉDUCATEURS FRANCO-MANITOBAINS FRANCO-MANITOBAINE
OF THE MANITOBA TEACHERS' SOCIETY
______________________________________ ______________________________________
President of the Economic Welfare Committee President
______________________________________ ______________________________________
President Secretary-Treasurer
APPENDIX A:
COLLATERAL AGREEMENT CONCERNING THE MANITOBA PUBLIC SCHOOL EMPLOYEES DENTAL AND EXTENDED HEALTH BENEFITS PLAN
BETWEEN
THE DIVISION SCOLAIRE FRANCO-MANITOBAINE
(hereinafter called the “Division”)
AND
THE ASSOCIATION DES ÉDUCATRICES ET ÉDUCATEURS FRANCO-MANITOBAINS
OF THE MANITOBA TEACHERS’ SOCIETY
(hereinafter called the “Association”)
WHEREAS pursuant to a certain collective agreement dated May 27, 2015, made between the Division and the Association, the Division has agreed to participate in the administration of the Manitoba Public School Employees Dental and Extended Health Benefits Plan (the “Plan”) for all of the eligible employees (the “Employees”) as described by the Trust Committee for the Manitoba Public School Employees Dental and Extended Health Benefits Plan (the “Committee”) in the employ of the Division; and
WHEREAS the Division and the Association desire to set forth the terms and conditions under which the Division shall so participate in the administration of the Plan; and
WHEREAS pursuant to a certain agreement made between the Manitoba School Boards’ Association (MSBA), The Manitoba Teachers’ Society and the Committee, the Committee is responsible for the formulation, implementation and operation of the Plan.
NOW THEREFORE THIS AGREEMENT WITNESSED that in consideration of the premises and the mutual covenants herein contained, the parties hereto hereby agree as follows:
1. The preamble hereto shall form an integral part thereof.
2. The terms and conditions of the Plan shall be as formulated by the Committee.
3. Subject to the terms of the Agreement, the Division and the Association shall comply with any administrative or underwriting requirements in respect to the Plan stipulated by the Committee and/or by the insurer appointed by the Committee to administer the Plan.
4. The Division shall make the following payments:
(a) Subject to paragraph (b) which follows, effective September 2014, the Division shall pay $100 monthly on behalf of each Employee in respect of the dental plan, and the Division shall pay $105.50 monthly on behalf of each Employee in respect to the extended health plan, said $100 and $105.50 being the monthly rate for family coverage of each plan. Such payments shall be made to the Committee or to such party as the Trustees shall designate in writing.
(b) Where an Employee is entitled to and has so elected for reduced coverage, as permitted under the terms of the Plan, that is, coverage for Employee and one dependent (spouse or child) only, or for Employee only, or for no coverage in the event where the Employee has alternate employer-sponsored group dental and extended health coverage, as the case may be, the Division shall pay to the Employee the difference in the monthly rate between family coverage for each plan and the coverage elected by the Employee.
(c) For each year thereafter, the Division shall pay monthly on behalf of each Employee an amount not to exceed the amount payable by the Division for each Employee in the preceding year (taking into account payments referred to in both sub-paragraphs (a) and (b) of this paragraph 4) increased or decreased by a percentage equivalent to the percentage negotiated or awarded on average for the salary schedule of the Employees in the current year.
5. It is understood and agreed by the Association that any eligible Employees employed on or after the effective date of the implementation of the Plan shall be required to participate in the Plan unless entitled to elect out of the Plan as may be permitted under the terms thereof.
6. This Agreement may be terminated by either of the parties hereto effective the first day of September of a particular calendar year provided that not less than 12 months written notice of such termination is given by the party terminating this Agreement to the other party hereto.
7. Any notice required or permitted to be given hereunder shall be deemed to be effectively given if mailed by registered mail, postage prepaid or delivered by bonded carrier to the parties at the following addresses:
For the Association: For the Division:
President Superintendent
Association des éducatrices et éducateurs Division scolaire franco-manitobaine
franco-manitobains Box 204
81, chemin Quail Ridge 1263 Dawson Road
Winnipeg, Manitoba R2Y 2A9 Lorette, Manitoba R0A 0Y0
And if mailed as aforesaid, shall be deemed to have been given on the fifth business day next following that upon which the letter containing such notice was posted.
8. Time shall be of the essence of the Agreement which Agreement shall be governed by the laws of the Province of Manitoba.
9. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns.
IN WITNESS WHEREOF the Division’s and the Association’s commitment to this Agreement is duly attested by the signatures of the proper officers on their behalf on this 27th day of May, 2015.
ASSOCIATION DES ÉDUCATRICES DIVISION SCOLAIRE
ET ÉDUCATEURS FRANCO-MANITOBAINS FRANCO-MANITOBAINE
OF THE MANITOBA TEACHERS' SOCIETY
______________________________________ ______________________________________
President of the Economic Welfare Committee President
______________________________________ ______________________________________
President Secretary-Treasurer
APPENDIX B:
AUXILIARY AGREEMENT CONCERNING THE BENEFIT PLANS
BETWEEN
THE DIVISION SCOLAIRE FRANCO-MANITOBAINE
(hereinafter called the “Division”)
AND
THE ASSOCIATION DES ÉDUCATRICES ET ÉDUCATEURS FRANCO-MANITOBAINS
OF THE MANITOBA TEACHERS’ SOCIETY
(hereinafter called the “Association”)
WHEREAS pursuant to a certain collective agreement dated May 27, 2015, the Division has agreed to participate in a number of insurance programs, including:
• The Manitoba Public School Employees Group Life Insurance Plan;
• The Manitoba Public School Employees Dental and Extended Health Benefits Plan
The Division has agreed to participate in these plans subject to the terms of administration and cost sharing, as determined by the conditions of entry stipulated by each individual plan.
WHEREAS the Division recognizes that not all teachers will be eligible for coverage under these plans by virtue of their administration and underwriting rules, the Division and the Association have agreed that certain teachers will be paid according to the annual rate of pay for the 2014-2015, 2015-2016, 2016-2017, 2017-2018 school years which follow:
|
1st YEAR: SEPTEMBER 2014 (2014-2015) |
|
|
2.0% INCREASE | ||||
|
Years |
Class 1 |
Class 2 |
Class 3 |
Class 4 |
Class 5 |
Class 6 |
Class 7 |
|
0 |
36,674 |
40,636 |
43,994 |
52,985 |
56,804 |
60,151 |
63,662 |
|
1 |
37,917 |
41,930 |
46,072 |
55,518 |
59,342 |
63,235 |
66,151 |
|
2 |
39,745 |
44,010 |
47,889 |
58,543 |
62,378 |
66,272 |
69,216 |
|
3 |
41,567 |
46,100 |
49,898 |
61,590 |
65,412 |
69,305 |
72,277 |
|
4 |
43,413 |
48,197 |
51,874 |
64,713 |
68,546 |
72,368 |
75,477 |
|
5 |
45,238 |
50,486 |
54,369 |
67,923 |
71,745 |
75,427 |
78,689 |
|
6 |
47,038 |
54,662 |
62,289 |
71,130 |
74,953 |
78,670 |
81,901 |
|
7 |
|
|
|
74,337 |
78,168 |
81,911 |
85,101 |
|
8 |
|
|
|
77,177 |
81,464 |
85,417 |
88,778 |
|
9 |
|
|
|
81,810 |
86,375 |
91,568 |
96,449 |
|
2nd YEAR: SEPTEMBER 2015 (2015-2016) |
|
|
2.0% INCREASE | ||||
|
Years |
Class 1 |
Class 2 |
Class 3 |
Class 4 |
Class 5 |
Class 6 |
Class 7 |
|
0 |
37,407 |
41,449 |
44,874 |
54,045 |
57,940 |
61,354 |
64,935 |
|
1 |
38,675 |
42,769 |
46,993 |
56,628 |
60,529 |
64,500 |
67,474 |
|
2 |
40,540 |
44,890 |
48,847 |
59,714 |
63,626 |
67,597 |
70,600 |
|
3 |
42,389 |
47,022 |
50,896 |
62,822 |
66,720 |
70,691 |
73,723 |
|
4 |
44,281 |
49,161 |
52,911 |
66,007 |
69,917 |
73,815 |
76,987 |
|
5 |
46,143 |
51,496 |
55,456 |
69,281 |
73,180 |
76,936 |
80,263 |
|
6 |
47,979 |
55,755 |
63,535 |
72,553 |
76,452 |
80,243 |
83,539 |
|
7 |
|
|
|
75,824 |
79,731 |
83,549 |
86,803 |
|
8 |
|
|
|
78,721 |
83,093 |
87,125 |
90,554 |
|
9 |
|
|
|
83,446 |
88,103 |
93,399 |
98,378 |
| 3rd YEAR: SEPTEMBER 2016 (2016-2017) | 2.0% INCREASE | ||||||
|
Years |
Class 1 |
Class 2 |
Class 3 |
Class 4 |
Class 5 |
Class 6 |
Class 7 |
|
0 |
38,155 |
42,278 |
45,771 |
55,126 |
59,099 |
62,581 |
66,234 |
|
1 |
39,449 |
43,624 |
47,933 |
57,761 |
61,740 |
65,790 |
68,823 |
|
2 |
41,351 |
45,788 |
49,824 |
60,908 |
64,899 |
68,949 |
72,012 |
|
3 |
43,246 |
47,962 |
51,914 |
64,078 |
68,054 |
72,105 |
75,197 |
|
4 |
45,167 |
50,144 |
53,969 |
67,327 |
71,315 |
75,291 |
78,527 |
|
5 |
47,066 |
52,526 |
56,565 |
70,667 |
74,644 |
78,475 |
81,868 |
|
6 |
48,939 |
56,870 |
64,806 |
74,004 |
77,981 |
81,848 |
85,210 |
|
7 |
|
|
|
77,340 |
81,326 |
85,220 |
88,539 |
|
8 |
|
|
|
80,295 |
84,755 |
88,868 |
92,365 |
|
9 |
|
|
|
85,115 |
89,865 |
95,267 |
100,346 |
| 4th YEAR: SEPTEMBER 2017 (2017-2018) | 1.5% INCREASE | ||||||
|
Years |
Class 1 |
Class 2 |
Class 3 |
Class 4 |
Class 5 |
Class 6 |
Class 7 |
|
0 |
38,727 |
42,912 |
46,458 |
55,953 |
59,985 |
63,520 |
67,228 |
|
1 |
40,041 |
44,278 |
48,652 |
58,627 |
62,666 |
66,777 |
69,855 |
|
2 |
41,971 |
46,475 |
50,571 |
61,822 |
65,872 |
69,983 |
73,902 |
|
3 |
43,895 |
48,681 |
52,693 |
65,039 |
69,075 |
73,187 |
76,325 |
|
4 |
45,845 |
50,896 |
54,779 |
68,337 |
72,385 |
76,420 |
79,705 |
|
5 |
47,772 |
53,314 |
57,413 |
71,727 |
75,764 |
79,652 |
83,096 |
|
6 |
49,673 |
57,723 |
65,778 |
75,114 |
79,151 |
83,076 |
86,488 |
|
7 |
|
|
|
78,500 |
82,546 |
86,498 |
89,867 |
|
8 |
|
|
|
81,499 |
86,026 |
90,201 |
93,750 |
|
9 |
|
|
|
86,392 |
91,213 |
96,696 |
101,851 |
| 4th YEAR: JANUARY 2018 (2017-2018) | 1.5% INCREASE | ||||||
|
Years |
Class 1 |
Class 2 |
Class 3 |
Class 4 |
Class 5 |
Class 6 |
Class 7 |
|
0 |
39,308 |
43,556 |
47,155 |
56,792 |
60,885 |
64,473 |
68,236 |
|
1 |
40,642 |
44,942 |
49,382 |
59,506 |
63,606 |
67,779 |
70,903 |
|
2 |
42,601 |
47,172 |
51,330 |
62,749 |
66,850 |
71,033 |
74,188 |
|
3 |
44,553 |
49,411 |
53,483 |
66,015 |
70,111 |
74,285 |
77,470 |
|
4 |
46,533 |
51,659 |
55,601 |
69,362 |
73,471 |
77,566 |
80,901 |
|
5 |
48,489 |
54,114 |
58,274 |
72,803 |
76,900 |
80,847 |
84,342 |
|
6 |
50,418 |
58,589 |
66,765 |
76,241 |
80,338 |
84,322 |
87,785 |
|
7 |
|
|
|
79,678 |
83,784 |
87,795 |
91,215 |
|
8 |
|
|
|
82,721 |
87,316 |
91,554 |
95,156 |
|
9 |
|
|
|
87,688 |
92,581 |
98,146 |
103,379 |
The parties have acknowledged that, without limiting the foregoing, the following classes of teachers shall be paid according to this pay scale:
1. Substitute teachers;
2. Part-time teachers working less than 30% of full time;
3. Teachers receiving a maternity of parental leave top-up;
4. Term teachers who are contracted to work less than 60 days.
This Auxiliary Agreement is attached and forms part of the Collective Agreement between the Division and the Association dated May 27, 2015.
IN WITNESS WHEREOF the Division’s and the Association’s commitment to this Agreement is duly attested by the signatures of the proper officers on their behalf on this 27th day of May, 2015.
ASSOCIATION DES ÉDUCATRICES DIVISION SCOLAIRE
ET ÉDUCATEURS FRANCO-MANITOBAINS FRANCO-MANITOBAINE
OF THE MANITOBA TEACHERS' SOCIETY
______________________________________ ______________________________________
President of the Economic Welfare Committee President
______________________________________ ______________________________________
President Secretary-Treasurer
APPENDIX C:
COLLATERAL AGREEMENT CONCERNING RELIGIOUS INSTRUCTION AND RELIGIOUS PRACTICES
BETWEEN
THE DIVISION SCOLAIRE FRANCO-MANITOBAINE
(hereinafter called the “Division”)
AND
THE ASSOCIATION DES ÉDUCATRICES ET ÉDUCATEURS FRANCO-MANITOBAINS
(hereinafter called the “Association”)
The parties agree to resolve the situation of the Division teachers with respect to religious instruction, participation in religious practices, the assignment of religious instruction and the posting of positions in Division schools as follows:
WHEREAS the parties are governed by the Public Schools Act (R.S.M. 1987, c.P250), specifically articles 80 to 84, inclusively.
WHEREAS the parties acknowledge freedom of conscience and religion as provided in the Manitoba Human Rights Code as well as the supremacy of the law in effect in the Province of Manitoba.
WHEREAS, for the purposes of this agreement, the expression “religious practices” covers practices such as the reciting of prayers, the reading of biblical or religious texts and the singing of hymns or songs of a religious nature.
WHEREAS the expression “religious instruction” in the sense of Article 81 of the Public Schools Act (R.S.M. 1987, c.P250) refers to the academic teaching of religion and the catechism.
WHEREAS the Division will be the only entity authorized to implement and apply the process described herein.
THE PARTIES AGREE THAT:
A. The following article will go into effect as soon as this letter of understanding is signed. Subsequently, the article will be integrated in the next, renewed collective agreement, which will go into effect on the date on which that agreement is signed.
1. Religious Instruction and Practices
1.01 Religious Instruction
A teacher is not obliged to provide religious instruction, to take part in such instruction or to assume responsibility for such instruction, including the teaching
of the catechism, unless he/she has explicitly indicated, in writing, a willingness to do so, in keeping with the provisions of Appendix C of this collective
agreement.
1.02 Religious Practices
A teacher is not obliged to direct religious practices or assume responsibility for them unless he/she has explicitly indicated, in writing, a willingness to do so, in
keeping with the provisions of Appendix C of this collective agreement.
2. The Association and the Division agree that the protocol concerning religious practices and religious instruction, the catechism and all related activities will go into effect as soon as this letter of understanding is signed. Subsequently, the parties agree that the protocol concerning religious instruction and the participation in religious practices shall become Appendix C of the renewed collective agreement as soon as that agreement is signed.
B. PROTOCOL
Job Postings
1. The Division agrees that, when posting teaching positions that are available within the Division, it shall exclude any mention of religious instruction, the catechism, religious practices or any related activity. The Division assures the Association that religious instruction shall not be a work condition.
Interview Process
2. The Division agrees that, during interviews of candidates for teaching positions, it shall make no allusion to or ask any direct or indirect questions concerning:
(a) The candidate’s religious beliefs;
(b) The candidate’s willingness and availability to provide religious instruction, including the catechism, or to take part in the religious practices conducted at the school.
3. The Division agrees that, during the interview process, it shall not take part in any form of intimidation, pressure or inducement to encourage the candidate to provide religious instruction and take part in religious practices.
4. The Division agrees not to give the candidates, at the outset, during the interview, any form to indicate membership or a willingness to take part in religious instruction or religious practices.
Process for Teachers Taking Part in Religious Instruction and Religious Practices
5. The Division agrees not to require teachers, in any manner, to take part in religious instruction, including the catechism, activities related to religious instruction and religious practices.
6. Participation in religious instruction includes the reciting of prayers in class with the students. It is understood that prayers may be recited in the ten (10) minutes before the first class in the morning and the five minutes before first class in the afternoon. Nothing herein may be interpreted or applied so that the time allocated to the teachers in the collective agreement for meal breaks is reduced.
7. Once the statutory requirements provided in Articles 80, 81 and 84 of the Public Schools Act (R.S.M. 1987, c.P250) have been fulfilled, any teacher who has been duly authorized by a pastor, priest, rabbi or ecclesiastic who wishes to take part in religious instruction may opt, on a voluntary basis, to take part in religious instruction and religious practices, by giving the principal, on an annual basis, a confidential note using the following text: I hereby volunteer to teach religion or the catechism during the 20__ - 20__ school year. (The note must include volunteer’s signature and the date.)
8. Likewise, any teacher who wishes to take part in religious practices may opt, on a voluntary basis, to take part in such religious practices by giving the principal, on an annual basis, a confidential note using the following text: I hereby volunteer to take part in religious instruction and religious practices during the 20__ - 20__ school year. (The note must include the volunteer’s signature and the date.)
9. The teacher’s decision to take part in religious instruction and religious practices shall be kept confidential. No reference to this decision shall be noted or kept in the teacher’s personnel file.
10. The decision made by the teacher as described in paragraphs 7 and 8 of this agreement is valid only for the period indicated by the teacher. At any time, the teacher may withdraw from taking part in religious instruction or religious practices, without having to justify this decision.
11. The Division agrees not to undertake any act of retaliation, intimidation or discrimination, not to make any comments and not to change the job description of a teacher because he/she does not take part in religious instruction or religious practices.
12. The Division agrees not to tolerate any discrimination on the part of other teachers or Division personnel with respect to a teacher who does not take part in religious activities.
13. In the event that religious instruction is provided, that instruction shall be provided in keeping with the provisions of the Public Schools Act (R.S.M. 1987, c.P250).
14. The Division agrees to ask the various dioceses, churches and parishes of all religious denominations covered by the religious instruction to make a direct contribution to religious instruction either by providing the services of a pastor, priest, rabbi or other ecclesiastic for such religious instruction or by making a financial contribution to the costs involved in religious instruction.
Commitment
15. This agreement binds the parties as soon as it is signed, namely November 28, 2001, and cannot be modified without the written consent of both parties.
16. The parties agree that this protocol shall be appended to the collective agreement in effect between the Division and the Association.
______________________________________ ______________________________________
Witness Division scolaire franco-manitobaine
______________________________________ ______________________________________
Witness Association des éducatrices et éducateurs franco-manitobains
Date May 27, 2015
WITHOUT PREJUDICE
LETTER OF AGREEMENT OUTSIDE THE COLLECTIVE AGREEMENT
BETWEEN
THE DIVISION SCOLAIRE FRANCO-MANITOBAINE (DSFM)
AND
THE ASSOCIATION DES ÉDUCATRICES ET ÉDUCATEURS FRANCO-MANITOBAINS (AEFM)
SUBJECT: WORKLOAD
The Division will establish joint advisory working group composed of Division and Association members. This group will have the following objectives:
• Survey locally, individually and in a confidential manner, division teachers and administrators concerning workload and classroom challenges;
• Analyse survey results;
• Make recommendations.
Decisions made by the working group, will be made by consensus. Working group members will alternate as chairperson at each meeting.
Following this work, the Division will have the following objectives:
1. Review the identified challenges and target those that could be eliminated or reduced to facilitate the teacher’s workload.
2. Review the services offered by the division office.
3. Continue to support the work of the school administrators through the Leadership Academy.
4. Update the support guide for the school administrators which will have as its objectives:
a) To quickly recognize the challenges in the classroom;
b) To further support the teachers in need;
c) To explain the services offered by the division office.
5. To convene the working group to inform its members of the recommendations identified for follow-up.
Schedule
• May 2015: Establishment of the working group
• 2015-2016: Development and administration of the survey, and collection of data
• March 2016: Analysis of results, and identification of challenges and recommendations
• June 2016:
o Presentation of the targeted recommendations to the working group
o Dissolution of the working group
• September 2016: Preparation of the support guide for school administrators
• November 2016: Presentation of the support guide to the school administrators and then to the AEFM members
• 2016-2018: Implementation of the targeted recommendations
• 2016-2018: Follow-up with workload issues at the liaison committee meetings
IN WITNESS WHEREOF the DSFM’s and the AEFM’s commitment to this Agreement is duly attested by the signatures of the proper officers in their behalf on this 27th day of May, 2015.
ASSOCIATION DES ÉDUCATRICES DIVISION SCOLAIRE
ET ÉDUCATEURS FRANCO-MANITOBAINS FRANCO-MANITOBAINE
OF THE MANITOBA TEACHERS' SOCIETY
______________________________________ ______________________________________
President of the Economic Welfare Committee President
______________________________________ ______________________________________
President Secretary-Treasurer
THIS COLLATERAL AGREEMENT made this 10th day of June , 2020
BETWEEN:
THE DIVISION SCOLAIRE FRANCO-MANITOBAINE (DSFM)
(hereinafter referred to as the “Division”)
OF THE FIRST PART,
- and -
THE ASSOCIATION DES ÉDUCATRICES ET DES ÉDUCATEURS FRANCO-MANITOBAINS (AEFM) OF THE MANITOBA TEACHERS’ SOCIETY
(hereinafter referred to as the “Association”)
OF THE SECOND PART.
WHEREAS pursuant to a certain collective agreement dated May 27, 2015, made between the Division and the Association, the Division has agreed to participate in the administration of the Manitoba Public School Employees Dental & Extended Health Benefits Plan (the “Plan”) for all of the eligible employees (the “Employees”) as described by the Manitoba Public School Employees Dental & Extended Health Benefits Plan Trust (the “Trust”) in the employ of the Division; and
WHEREAS the Division and the Association desire to set forth the terms and conditions under which the Division shall so participate in the administration of the Plan; and
WHEREAS pursuant to a certain agreement made between the Manitoba School Boards Association, the Manitoba Teachers’ Society and the Trust, the Trust is responsible for the formulation, implementation and operation of the Plan.
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and the mutual covenants herein contained, the parties hereto hereby agree as follows:
To the Division:
DIVISION SCOLAIRE FRANCO-MANITOBAINE
PO 204, 1263 Dawson Road
Lorette, MB R0A 0Y0
To the Association:
L’ASSOCIATION DES ÉDUCATRICES ET DES ÉDUCATEURS FRANCO-MANITOBAINS
81 Quail Ridge Road
Winnipeg, MB R2Y 2A9
and if mailed as aforesaid, shall be deemed to have been given on the fifth business day next following that upon which the letter containing such notice was posted.
IN WITNESS WHEREOF the Division has caused its Corporate Seal to be hereunto affixed duly attested by the signatures of its proper officers in that behalf, this 10th day of June, 2020.
THE DIVISION SCOLAIRE FRANCO-MANITOBAINE
______________________________
Chairperson
______________________________
Secretary - Treasurer
IN WITNESS WHEREOF the Association has caused this Agreement to be executed as duly attested by the signatures of the proper officers of the Association.
THE ASSOCIATION DES ÉDUCATRICES ET DES ÉDUCATEURS FRANCO-MANITOBAINS
_______________________________
President
_______________________________
Secretary
LETTER OF AGREEMENT
Manitoba Public School Employees Dental and Extended Health Plan
Between
The DIVISION SCOLAIRE FRANCO-MANITOBAINE
and
The ASSOCIATION DES ÉDUCATRICES ET DES ÉDUCATEURS FRANCO-MANITOBAINS
of the
Manitoba Teachers’ Society
The Division administers the Manitoba Public School Employees Dental and Extended Health Plan as per the Collateral Agreement dated June 11, 2020 for the members of the Association. Teachers who are participants in the Dental Plan and Extended Health shall be paid according to article 4 in the Collateral agreement. The following salary schedule reflects the provisions of article 4 of the Collateral Agreement for September 2020.
|
STEP |
EFFECTIVE SEPTEMBER 2020 |
Premium: $2991 |
|||||
|
0 |
$ 36,317 |
$ 40,565 |
$ 44,164 |
$ 53,801 |
$ 57,894 |
$ 61,482 |
$ 65,245 |
|
1 |
$ 37,651 |
$ 41,951 |
$ 46,391 |
$ 56,515 |
$ 60,615 |
$ 64,788 |
$ 67,912 |
|
2 |
$ 39,610 |
$ 44,181 |
$ 48,389 |
$ 59,758 |
$ 63,869 |
$ 68,042 |
$ 71,197 |
|
3 |
$ 41,562 |
$ 46,420 |
$ 50,492 |
$ 63,024 |
$ 67,102 |
$ 71,294 |
$ 74,479 |
|
4 |
$ 43,542 |
$ 48,668 |
$ 52,610 |
$ 66,371 |
$ 70,480 |
$ 74,575 |
$ 77,910 |
|
5 |
$ 45,498 |
$ 51,123 |
$ 55,283 |
$ 69,812 |
$ 73,909 |
$ 77,856 |
$ 81,351 |
|
6 |
$ 47,427 |
$ 55,598 |
$ 63,774 |
$ 73,250 |
$ 77,347 |
$ 81,331 |
$ 88,224 |
|
7 |
$ - |
$ - |
$ - |
$ 76,687 |
$ 80,793 |
$ 84,804 |
$ 88,224 |
|
8 |
$ - |
$ - |
$ - |
$ 79,730 |
$ 84,325 |
$ 88,563 |
$ 92,165 |
|
9 |
$ - |
$ - |
$ - |
$ 84,697 |
$ 89,590 |
$ 95,155 |
$ 100,388 |
Signed on behalf of the DIVISION SCOLAIRE FRANCO-MANITOBAINE:
__________________________
Chairperson
__________________________
Secretary – Treasurer
Signed on behalf of the ASSOCIATION DES ÉDUCATRICES ET DES ÉDUCATEURS FRANCO-MANITOBAINS OF THE MANITOBA TEACHERS’ SOCIETY:
________________________
President
__________________________
Secretary