ST. JAMES-ASSINIBOIA TEACHERS' ASSOCIATION

EFFECTIVE PERIOD: 2014/07/01 - 2018/06/30 (EXPIRED)

ARTICLE 7.0: Part-time Employees/Substitutes

7.01 Auxiliary Schools - Continuing Education, Summer School

Salaries for certified teaching staff in the auxiliary schools instructing course(s) accredited by Manitoba Education and Training shall be based on the salary schedule in Article 4.01 but shall not be less than .001/hr of the salary amount at Step 0 in class 4; nor more than .001/hr of the salary amount at Step 5 in Class 4. The rate includes vacation pay. Salaries for staff teaching non-accredited course(s) shall be negotiated by the instructor and the Director, International/Continuing Education Program.

7.02 Substitute Teachers

 The provisions of the collective agreement do not apply to substitute teachers except as expressly provided for in Article 7.02 – Substitute Teachers.

Substitutes

1-Jul-14

1-Jul-15

1-Jul-16

to

to

to

30-Jun-15

30-Jun-16

30-Jun-17

Class 3

$133.81

$136.49

$139.22

Class 4 to 7

$172.85

$176.31

$179.84

(a)  Substitute teachers shall be certified, wherever possible, and shall be paid at the following rates per full day, including vacation pay:

It shall be the responsibility of the substitute teacher to file evidence of qualifications as a Certified Teacher to the Chief Superintendent.  In failing this, the substitute teacher shall be paid at the rate for teachers below Class 4.

(b) A substitute teacher filling a position for the same teacher for a period of at least five (5) consecutive scheduled working days shall be termed extended substitute teaching.

Upon commencement of the sixth (6th) day of extended substitute teaching, 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 = the number of days in the current school year).  Such pay shall be retroactive to the first day of the assignment, and the rate of pay for the extended teaching assignment shall continue in effect until the end of the extended teaching assignment.

In-service days and/or Administrative days shall not constitute a break in the extended teaching assignment.

(c) Limited Term Teacher-General Contract

 A substitute teacher who has been employed for at least twenty (20) days of 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 will occur within five (5) working days.

 (d) Unless otherwise determined at the time of the assignment, or except in unforeseen circumstances, the timetable for the substitute teacher in any assignment shall normally be the same as the timetable of the teacher who is being replaced.

(e) A substitute teacher who is called for a half day assignment, who reports, and who finds that his or her services are not required, shall be offered an alternative teaching assignment and shall be paid a half day’s pay for reporting for duty.

(f) A substitute teacher who is called for a full day assignment, who reports, and who finds that his or her services are not required, shall be offered an alternative teaching assignment and shall be paid a full day’s pay for reporting for duty.

(g) Sick Leave
 A substitute teacher who has been employed for at least nine (9) consecutive days of extended substitute teaching 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 one extended substitute teacher assignment to another.

 The use of a sick leave day with pay shall not constitute an interruption of the extended substitute teaching assignment.

(h) Manitoba Teachers’ Society fees and St. James-Assiniboia Teachers’ Association fees shall be deducted from a substitute teacher’s pay monthly.

(i) The Association shall indemnify and save harmless the Division from any and all losses, costs, liabilities, or expenses suffered or sustained by the Division as a result of any claim or legal action arising from the deduction of local Association fees or Manitoba Teachers’ Society fees.

(j) Substitute teachers shall be paid on a bi-weekly payroll, two (2) weeks behind.

(k) The following clauses of the collective agreement apply to substitute teachers:

Article 1   Purpose
Article 2   Effective Period
Article 3 Classifications – as it relates to the conversion to per diem in accordance with Article 7.02 (b)
Article 4.01, 4.02 Salaries – as it relates to the conversion 4.03, 4.04, 4.05 to per diem in accordance with Article 7.02 (b)
Article 5.01 Per diem salary rate – as it relates to the conversion to per diem in accordance with Article 7.02 (b)
Article 7.02  Substitute Teachers
Article 11.0  Complaints
Article 15.0 Settlement of Disputes – the only matters which may be grieved under Article 15 (Settlement of Disputes) by a substitute teacher or the Association on behalf of a substitute teacher are the provisions of this article, and the substantive rights statutes, to the extent that they are incorporated into this collective agreement.
Article 16  Interest on Back Pay
Article 19  Uninterrupted Meal Period
Article 20  Freedom From Violence

(l) For purposes of Employment Insurance, the number of insurable hours to be reported shall be 9.1 hours per day.

7.03 Regular Part-Time Teachers

(a) For the purpose of this Article, a teacher who is teaching on a continuous basis, but whose assigned instructional time is less than that of a full-time teacher shall be deemed to be a "regular part-time teacher".

(b) Each regular part-time teacher shall be employed under a written contract with the Division in a Form 2 or Teacher-General Contract or in another form approved by the Minister of Education.

(c) Except as may be expressly provided to the contrary in this Agreement, a succession of regular part-time teaching assignments under one or more contracts of employment shall not be deemed to be a break in continuity of service for purposes of this Agreement and for purposes of Section 92(4) of the Public Schools Act.

(d) A regular part-time teacher shall be paid the fraction of the rate(s) of salary for one's qualifications and experience for the whole school year pursuant to Article 4.01 (a) based on the fraction of time employed.

(e) If a regular part-time teacher subsequently becomes employed full-time in the Division, classification and placement on the salary schedule shall be determined according to one's qualifications pursuant to Article 3.0.

(f) Regular part-time teachers shall accumulate entitlement to sick leave at the rate of one (1) part-time day of sick leave with pay for every nine (9) part-time days of teaching service, or fraction thereof, to a maximum of twenty (20) part-time days sick leave with pay in any one (1) school year.  Where the employment of a regular part-time teacher is continuous beyond one (1) school year, the teacher shall accumulate entitlement to a sick leave with pay at the aforesaid rate to a maximum of one hundred and thirty (130) part-time days.  No teacher shall accumulate more than twenty (20) part-time days sick leave in any one (1) school year.

(g) If a regular part-time teacher subsequently becomes employed full-time in the Division, the days of sick leave accumulation shall be recalculated in the fraction that the part-time teacher worked from time to time during the period(s) of the accumulation as it relates to a full-time teacher in the Division, and thereafter Article 5.06 shall apply.

 (h) Except as may be expressly provided to the contrary, Articles 4.05 (Additional Qualifications), 5.01 (Per Diem Salary Rate), 5.02 (Disability Benefit), 5.03 (Executive Duties), 5.05 (Maternity), 5.06 (Illness), 5.07 (Compassionate), 5.08 (Examinations), 5.09 (Personal), 5.10 (Religious Holy), 5.11 (Other), 6.0 (Professional Development and Tuition Allowances), 8.0 (Deduction of Professional Fees), 10.0 (Insurance) and 13.0 (Surplus Teachers) shall apply to regular part-time teachers.

(i) Notwithstanding 5.05 (c), at the termination of maternity leave the regular part-time teacher shall be offered a position similar to the position occupied by her at the time such leave commenced. If no similar position exists the teacher shall be offered a different position if possible (part-time or full-time) mutually agreed upon by the teacher and the Board.

7.04 Compensation for Hours Worked During School Hours After Contracted Hours Completed

(a) A teacher, on a flexible teaching assignment, job share or regular part-time assignment, who is required by the Principal or Administration to be at work outside of his/her normally scheduled hours of work but during normal school hours, provided that the teacher can reasonably meet this requirement, shall be entitled to accumulate equivalent banked time for all such time so spent.

(b) Accumulated banked time will be used at a time mutually agreed upon by the teacher and the Principal.

(c) Should a mutually agreeable time for utilizing the accumulated banked time not be possible or if in the opinion of the Board the granting of time off would present an unreasonable hardship on the operation of a school, accumulated banked time will be paid out. There will be no carry over of accumulated banked time from year to year. On the final day of the school year, the teacher shall be paid for any unused banked time accumulated through that school year. Such payment shall be made at the rate of :

Annual Grid Salary * % of time worked  * number of unused
      (% of time worked * 1,100)                  Banked Hours

(d) Banked time may not be utilized to extend either the Christmas, Spring, or Summer Breaks.

(e) If the Principal finds it necessary to use the services of a substitute teacher to cover the teacher’s workload at the mutually agreed upon use of the banked time, the Board shall provide a substitute at no cost to the teacher.