[Printable Version]

PEMBINA TRAILS TEACHERS' ASSOCIATION

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

ARTICLE 1: GENERAL ITEMS

1.1 Purpose

The intent and purpose of the parties to this Agreement (hereinafter referred to as this Agreement) is to promote and improve the working relations between the Board and the Teachers’ Association; to establish a salary schedule and other conditions of employment resulting from the operation of the said schedule; and to provide a basis for both parties to improve the professional and academic services rendered to the taxpayers and the children of the Pembina Trails School Division.

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1.2 Per Diem

Whenever used in this Collective Agreement per diem shall mean the fraction that one school day bears to the total number of school days as prescribed by the Minister in any given school year.

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1.3 Board Association Council on Education

The Division and the Association recognize the value and acknowledge the mutual benefits to be derived from effective communication between trustees, senior administration and professional teaching staff.  The Division and the Association recognize the advantages of having a joint committee where teachers, Division senior administration and trustees discuss perspectives on policies, practices, programs and services.

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1.4 Effective Period

This Agreement shall come into force and take effect on July 1st, 2014, and shall remain in force until June 30th, 2018.  In order to amend this Agreement, written notice, by registered mail, must be given by one party no later than 30 days prior to the end of the present Agreement.  Agreement or amendment on which negotiations are begun prior to July 1st, 2018, shall be effective from July 1st, 2018, unless otherwise specified.

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ARTICLE 2: QUALIFICATIONS/EXPERIENCE AND PLACEMENT ON SALARY SCHEDULE

2.1 Educational Qualifications

Except as otherwise qualified in this Agreement, the classification accorded the teacher by Manitoba Education pursuant to Manitoba Regulation 515/88 and subsequent amendments shall be used to determine the class on the “Basic Salary Schedule.”

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2.2 Previous Experience

Except as otherwise qualified in this Agreement, for purposes of this Article, years of completed experience shall be the same as the years of completed experience as determined by Manitoba Education Verification of Classification and Experience.

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2.3 Letter of Authority and Permit

Teachers lacking professional training are to be paid at scale one class equivalent below the class these teachers would be in had they received professional training.

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2.4 Industrial Arts Teachers

(a) The Board may award a Class IV standing to Industrial Arts Teachers holding a B. Sc. in Industrial Arts if it deems the qualifications to be closer to a P1A4 rating than to a P1A3. (Note: these circumstances tend to arise in respect to American degrees where education subjects are undergraduate rather than graduate as in the case in Manitoba).

(b) Where acceptable to the Board, each three years of non-teaching experience related to the duties of the Industrial Arts Teacher may be counted as one year teaching experience up to (but not beyond) the maximum as determined in Article 3.1.

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2.5 Increased Qualifications

(a) Each teacher in Classes I, II, III, IV, V, VI who increase educational qualifications which result in placement in a higher classification shall be placed at the same step of the schedule where placed in the previous classification provided that:

(i) prior to commencing a program leading to increased qualifications the teacher gives written notice to the Division of intention to do so, and

(ii) the Division does not, within sixty (60) days of receipt of such notice, advise the teacher, in writing, that in its considered opinion such improved qualifications would not be of benefit to the educational needs of the Division.

If the teacher does not so notify the Division, or if, after the teacher has notified the Division, the Division advised the teacher as aforesaid, that teacher shall, when placed in a higher classification resulting from increased qualifications, be placed on the step of the schedule resulting in a rate of pay nearest to but not less than the rate of pay received prior to the improved qualifications.

(b) When the Secretary-Treasurer is in receipt of a Verification of Classification from Manitoba Education, on behalf of a teacher who has improved qualifications, the effective date of the increased salary shall be the date verified by Manitoba Education as set out in the Verification of Classification. Where the date verified to Manitoba Education as set out in the Verification falls during July or August, such increase shall become effective on the September 1, immediately following.

(c) The onus to file evidence to Manitoba Education is exclusively the obligation of the teacher including relations with third parties. The Division bears no responsibility nor liability for any failure on the part of third parties to provide experience information or do any other thing with respect to the process of a teacher’s increased qualifications.

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2.6 Increments

The following provisions are to come into effect on and from the 1st day of the Fall Term, 2004:

1. Initial Placement

a) At commencement of the start of any contract (Form 2, Teacher-General) or start of any successive term contract (Limited Term Teacher-General) each teacher shall be placed on the step of the salary schedule in accordance with the classification and years of experience as recognized and reported by Manitoba Education as at June 30th of the prior year.

b) Should the commencement of the contract occur at a time other than at the start of the Fall Term, such newly contracted teacher shall receive credit for experience which would be recognized by Manitoba Education (save and except for experience as a substitute teacher while not on a Form 2 or Teacher-General or Limited Term Teacher-General Contract) which experience would have been obtained in the school year after the June 30th last recognized and reported by Manitoba Education. In order to recognize this experience for purposes of initial placement, the following criteria must be met:

i) The recognizable experience must relate to a period subsequent to the last June 30 reporting date for experience from Manitoba Education;

ii) The experience must be recognizable by Manitoba Education as experience;

iii) The experience must have been acquired while under a Form 2 or Teacher-General or Form 2A or a Limited Term Teacher-General Contract;

iv) The experience must have been obtained with a Manitoba School Division;

v) A letter confirming the number of days taught under contract for the relevant period must be provided from the Division in which the experience was obtained. The onus shall rest solely with the teacher to provide such letter of confirmation.

c) Where the term “experience” is used in this article it shall be experience recognized by Manitoba Education.

2. Full-Time Teachers

(a) Each full-time teacher shall proceed to the next step of the Basic Salary Schedule in accordance with the provision of this article at the Teacher Increment Date (T.I.D.) until the maximum step has been reached. The teacher increment date shall be defined as the date when any teacher shall move from one step on the Basic Salary Schedule to the next higher step on the Basic Salary Schedule until the maximum step has been reached.

b) Initial Teacher Increment Date (T.I.D.)

Following the initial placement at the commencement of a contract, a Teacher Increment Date (T.I.D.) will be established for each teacher. The T.I.D. shall be at the start of the month following the accumulation of a further 180 F.T.E. days of experience counting as part of that 180 F.T.E. days, any carryover days (partial years experience) as recognized and reported by Manitoba Education as at the prior June 30th and further counting any additional days of recognizable experience as contemplated under Article 2.6.1 (b) above.

c) Subsequent T.I.D.s

i) Each full-time teacher’s T.I.D. shall fall on the anniversary date of the initial T.I.D. provided that the teacher has completed at least 180 F.T.E. days experience as recognized by Manitoba Education between the most recent T.I.D. and the next scheduled T.I.D.

ii) In the event that a full-time teacher has not accumulated at least 180 F.T.E. days of experience by the next scheduled T.I.D., the date of that T.I.D. shall be deferred and rescheduled to the first day of the month following completion of 180 F.T.E. days of experience. The deferred T.I.D. shall become the regularly scheduled T.I.D. subject to further deferral pursuant to this subsection.

d) Definitions

i) A full-time teacher is a teacher who is under contract to teach each complete school day in any school year.

ii) A full-time teacher who takes an unpaid leave of absence during a school year or a temporary contract reduction within a school year on a temporary basis shall be considered as a full-time teacher for purposes of this article.

iii) Full-time teachers whose contracts are permanently reduced to less than full-time shall be classified as part-time teachers for the purpose of this article commencing with the school year when such permanent contract reduction commences.

iv) F.T.E. shall mean full time equivalent.

3. Part-Time Teachers

a) Each part-time teacher shall proceed to the next step of the Salary Schedule in accordance with the provision of this article on the T.I.D. until the maximum step has been reached.

b) Following the initial placement at the commencement of a contract a Teacher Increment Date (T.I.D.) shall be established for each teacher. The initial T.I.D. shall be determined including, in the count, any carryover days (partial years experience) as recognized and reported by Manitoba Education as at the prior June 30 and further counting any additional days of recognizable experience as contemplated under Article 2.6.1 (b) above.

c) Subsequent T.I.D.s

i) Each part-time teacher’s T.I.D. shall fall on the anniversary date of the initial T.I.D. provided that the teacher has completed at least 25 F.T.E. days experience from the date of the previous T.I.D. to the next anniversary of the T.I.D. In the event that a part-time teacher does not complete at least 25 F.T.E. days experience between the date of the previous T.I.D. and next anniversary of the T.I.D., the next T.I.D. shall be deferred until the start of the month following the accumulation of 25 F.T.E. days experience.

ii) In the event that a part-time teacher has not accumulated the minimum number of days as required in Article 2.6.3(c)(i) to qualify to move to the next step on the Salary Schedule on the next scheduled T.I.D., the date of that T.I.D. shall be deferred and rescheduled to the first day of the month following accumulation of the minimum number of days as required in Article 2.6.3(c)(i). The deferred T.I.D. shall become the regularly scheduled T.I.D. subject to further deferral pursuant to this sub-section.

d) Definitions

i) A part-time teacher is a teacher who is under contract to teach less than each complete school day in any school year.

ii) A part-time teacher who temporarily teaches each complete school day for a portion of the year shall continue to be classified as a part-time teacher for purposes of this article.

iii) Part-time teachers whose contracts are permanently increased to full-time shall be reclassified as full-time teachers for purposes of this article commencing with the start of the full clear school year in which they are employed under full-time contracts for at least the entire school year.

iv) Part-time teachers who are increased to a full-time contract on a temporary basis, shall continue to be considered as part-time teachers for purposes of this article unless and until that temporary full-time status applies for a full clear school year at which time the classification as a full-time teacher shall commence at the start of that full clear school year.

(v) F.T.E. shall mean full time equivalent.

4. Reversion of Part-Time Teachers

a) Part-time teachers who are reclassified as full-time teachers for purposes of this article shall have their step on the Basic Salary Schedule reverted to the step on which they would be placed had they been full-time since the commencement of employment.

b) Part-time teachers who were reclassified to full-time for purposes of this article and subsequently are reclassified to part-time shall reassume the step on the Basic Salary Schedule they would have occupied had they been part-time since the commencement of employment.

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ARTICLE 3: SALARY, ALLOWANCES AND DEDUCTIONS

3.1 Salary Schedule

 Basic Salary Schedule – Effective September 1, 2014

Step CLASS 1 CLASS 2 CLASS 3 CLASS 4 CLASS 5 CLASS 6 CLASS 7
0 34,437 38,289 41,836 50,383 53,611 57,513 60,846
1 36,190 40,028 44,122 53,289 56,747 60,563 64,286
2 37,945 42,340 47,044 56,193 59,865 63,833 67,774
3 39,702 44,663 49,959 59,107 63,003 67,143 71,243
4 41,460 46,979 52,883 62,112 66,133 70,454 74,738
5 43,214 49,303 55,804 65,132 69,266 73,765 78,210
6 45,239 52,693 59,919 68,155 72,407 77,077 81,689
7       71,170 75,589 80,391 85,168
8       74,201 78,918 83,714 88,646
9       79,915 84,593 89,991 95,271

Basic Salary Schedule – Effective September 1, 2015      
Projected and Subject to Change (see Letter of Agreement attached)

Step CLASS 1 CLASS 2 CLASS 3 CLASS 4 CLASS 5 CLASS 6 CLASS 7
0 35,126 39,055 42,673 51,391 54,683 58,663 62,063
1 36,914 40,828 45,004 54,355 57,882 61,774 65,572
2 38,704 43,187 47,985 57,317 61,062 65,110 69,129
3 40,496 45,556 50,958 60,289 64,263 68,486 72,668
4 42,289 47,919 53,941 63,354 67,456 71,863 76,233
5 44,078 50,289 56,920 66,435 70,651 75,240 79,774
6 46,144 53,747 61,117 69,518 73,855 78,618 83,323
7       72,593 77,101 81,999 86,871
8       75,685 80,496 85,388 90,419
9       81,513 86,285 91,791 97,176

Basic Salary Schedule – Effective September 1, 2016      
Projected and Subject to Change (see Letter of Agreement attached)

Step CLASS 1 CLASS 2 CLASS 3 CLASS 4 CLASS 5 CLASS 6 CLASS 7
0 35,828 39,836 43,526 52,419 55,777 59,836 63,304
1 37,652 41,644 45,904 55,442 59,040 63,009 66,883
2 39,478 44,051 48,945 58,463 62,283 66,412 70,512
3 41,306 46,467 51,977 61,495 65,548 69,856 74,121
4 43,135 48,877 55,020 64,621 68,805 73,300 77,758
5 44,959 51,295 58,058 67,764 72,064 76,745 81,369
6 47,067 54,822 62,339 70,908 75,332 80,190 84,989
7       74,045 78,643 83,639 88,608
8       77,199 82,106 87,096 92,227
9       83,143 88,011 93,627 99,119

Basic Salary Schedule – Effective September 1, 2017      
Projected and Subject to Change (see Letter of Agreement attached)

Step CLASS 1 CLASS 2 CLASS 3 CLASS 4 CLASS 5 CLASS 6 CLASS 7
0 36,365 40,433 44,179 53,205 56,614 60,733 64,254
1 38,217 42,269 46,593 56,274 59,926 63954 67,886
2 40,070 44,712 49,679 59,340 63,217 67,408 71,570
3 41,926 47,164 52,757 62,417 66,531 70,904 75,233
4 43,782 49,610 55,845 65,590 69,837 74,399 78,924
5 45,633 52,064 58,929 68,780 73,145 77,896 82,589
6 47,773 55,644 63,274 71,972 76,462 81,393 86,264
7       75,156 79,823 84,894 89,937
8       78,357 83,338 88,402 93,610
9       84,390 89,331 95,031 100,606

Basic Salary Schedule – Effective January 1, 2018      
Projected and Subject to Change (see Letter of Agreement attached)

Step CLASS 1 CLASS 2 CLASS 3 CLASS 4 CLASS 5 CLASS 6 CLASS 7
0 36,910 41,039 44,841 54,003 57,463 61,644 65,217
1 38,790 42,903 47,291 57,118 60,824 64,913 68,904
2 40,671 45,382 50,424 60,230 64,165 68,419 72,643
3 42,554 47,871 53,548 63,353 67,529 71,967 76,361
4 44,438 50,354 56,682 66,573 70,884 75,515 80,107
5 46,317 52,845 59,812 69,811 74,242 79,064 83,827
6 48,489 56,478 64,223 73,051 77,608 82,613 87,558
7       76,283 81,020 86,167 91,286
8       79,532 84,588 89,728 95,014
9       85,655 90,671 96,456 102,115

 

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3.2 Method of Payment

(a) For the period September 1, 2014 to August 31, 2014:

     (i) Teachers shall be paid one-twelfth (1/12) of their annualized salary rate on or before the second last teaching day of each month during the period September to May inclusive in which services were provided from the first teaching day of a month.  In the case of a teacher commencing employment on a teaching day other than the first teaching day, the teacher shall be paid on or before the second last teaching day of that month the proportion of the number of days taught bears to the total number of teaching days in the month multiplied by one-twelfth (1/12) of the teacher’s annualized salary rate.

     (ii) On or before the second last teaching day of the month of June, teachers shall be paid the difference between the annualized salary earned during the school year and all amounts paid prior to that date.  The amount of the annualized salary earned by any teacher shall be determined by taking the total days taught by a teacher as a proportion or percentage of teaching days in the Fall and Spring Terms as prescribed by the Minister of Education multiplied by the annualized salary rates in effect during the school year.

(b) For the period commencing on and from September 1, 2015:

 Subject to the Letter of Administration: Method of Payment, dated April 30, 2015, attached to this Agreement, Teachers shall normally be paid one-twenty-fourth (1/24) of their annualized salary rate on or before the fifteenth (15th) day of each month and on or before the last business day of each month, September to August inclusive in which services were provided from the first teaching day of a semi-monthly pay period. In the case of a teacher commencing employment on a teaching day other than the first teaching day of the pay period, the teacher shall be paid, for that pay period, the proportion of the number of days taught bears to the total number of teaching days in the pay period multiplied by one-twenty-fourth (1/24) of the Teacher’s annualized salary rate.

(c) Where, in any year, teachers who leave the employ of the Division between the expiration of the previous agreement and the date of signing of this agreement shall bear the onus of notifying the Board as to any change in address.

(d) Any perceived discrepancies with respect to the full time equivalency are to be brought to the attention of the Assistant Superintendent, Human Resources and Policy. Any perceived discrepancies with respect to classification, step on the salary schedule and deductions are to be brought to the attention of the Secretary-Treasurer.

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3.3 Interest On Retroactive Pay

The Division shall pay to teachers of the Association interest on any retroactive payment owed to the teachers.  The interest shall be calculated from the date on which the monies would have been due to the actual date of payment.  The interest shall be calculated on the gross amount of any retroactive pay due, less the amount of any statutory deductions including Canada Pension, Employment Insurance and Income Tax and less other deductions with respect to that pay.  The interest shall be paid at the average rate at which the Division borrows funds or could have borrowed funds if none were borrowed, during the twelve-month period immediately preceding January 1st of the calendar year in which the agreement is renewed.  The Division shall normally pay to the teachers of the Association back pay and interest on retroactive pay no later than eight weeks following the date of signing the agreement. For agreements signed in months other than June, payment will be made within a reasonable time frame.

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3.4 Principals and Vice-Principals

a) The principal or vice-principal of a school shall receive an annual salary comprised of the following components:

i) Basic Teacher Salary:
   The full salary as a teacher as set out in the Basic Salary Schedule in Article 3.1.

Plus

ii)  Enrolment Allowance:
     An allowance based on the actual number of students in each school, as at September 30th of each year, with each student counted as one.
   
     aa)  For principals:
   
Sept. 1, 2014 Sept. 1, 2015 Sept. 1, 2016 Sept. 1, 2017 Jan.1, 2018
$2.67 $2.72 $2.77 $2.81 $2.85

     bb)  For vice-principals:

Sept. 1,  2014 Sept. 1, 2015 Sept. 1, 2016 Sept. 1, 2017 Jan.1, 2018
$1.32 $1.35 $1.38 $1.40 $1.42

 plus;    

iii) Fixed Allowance: 
  
       aa) For principals:

Sept. 1, 2014 Sept. 1, 2015 Sept. 1, 2016 Sept. 1, 2017 Jan.1, 2018
$8,654 $8,827 $9,004 $9,139 $9,276

       bb) For vice-principals:

Sept. 1, 2014 Sept. 1, 2015 Sept. 1, 2016 Sept. 1, 2017 Jan.1, 2018
$6,061 $6,182 $6,306 $6,401 $6,497

plus;

iv) Staffing Allowance

       aa) For principals:

Sept. 1, 2014 Sept. 1, 2015 Sept. 1, 2016 Sept. 1, 2017 Jan.1, 2018
$500 $510 $520 $528 $536

       bb) For vice-principals: 

Sept. 1, 2014 Sept. 1, 2015 Sept. 1, 2016 Sept. 1, 2017 Jan.1,  2018
$250 $255 $260 $264 $268

The staffing allowance shall be based on the actual number of teachers in a school as at September 30th, of each year, excluding therefrom the principal and vice-principal, with each teacher counted as one.

The allowances set out in sub-paragraphs (ii), (iii) and (iv) shall apply in full to each principal and vice-principal notwithstanding the proportion of the work assignment which relates to administrative activities.

The annual salary of each principal and vice-principal shall be adjusted effective the first day of the Fall Term of each year based upon the foregoing components.

b) Minimum Principal’s Allowance

    Effective on and from September 1, 2015, each Principal shall be paid an allowance which is the greater of:

    i) The allowance determined as the sum of Article 3.4 (a) (ii) (aa), Article 3.4 (a) (iii) and Article 3.4 (a) (iv) (aa), or

    ii) The minimum Principal’s allowance as set out below:

Sept. 1, 2015 Sept. 1, 2016 Sept. 1, 2017
$20,000 $20,400 $21,012

c) Transfer Protection:

    i)  Board Initiated Transfers

       Where the Board initiates by way of directing a transfer of a principal or vice-principal from the current position to a different position which position generates a lower salary than the current position, the following protections shall apply:

       aa) Where such Board-initiated transfer is to a new assignment as a principal or vice-principal the transferee shall retain a protected salary as defined in 3.4(c)(iii) until such time as the overall salary of the newly assigned principalship or vice-principalship exceeds the protected salary of the current principalship or vice-principalship.  In no event, however, shall the protected salary paid, pursuant to this Article, extend for more than three (3) years past the date the transfer to the new assignment becomes effective.

       bb) Where such Board-initiated transfer is to a new assignment in any position other than a principalship or vice-principalship the transferee shall receive a protected salary as defined in 3.4(c)(iii) until the overall salary of the newly assigned position exceeds the protected salary of the current principalship or vice-principalship.  In no event, however, shall the protected salary paid, pursuant to this Article, extend for more than one (1) year past the date the transfer to the new assignment becomes effective.

       cc) For purposes of this Article the term “overall salary” shall mean the sum of the Basic Salary Schedule and all allowances as determined in Article 3.4(a) or Article 3.4 (b).
 
   ii) Principal/Vice-Principal Initiated Transfers:

Where a principal or vice-principal initiates a transfer, by way of application or another means, from the current position to any other position of any type whatsoever, the salary for that new assignment shall be the overall salary as derived through the provisions of this Agreement and the protected salary provisions of this Article shall not apply.

   iii) The protected salary referenced in Articles 3.4(c)(i)(aa) and (bb) shall be defined as the salary applicable to that position for the year immediately prior to the transfer but increased in any year by the dollar amount of increase in the affected principal’s or vice-principal’s Basic Salary Schedule in Article 3.1 (i.e. the teacher’s Basic Salary Schedule portion).

d) New Appointment (August Payment)

When, at the start of any Fall Term, a teacher is appointed to a principalship or vice-principalship or a current principal or vice-principal transfers to a new assignment as a principal or vice-principal, the newly appointed or transferred principal or vice-principal shall be paid for ten (10) additional days for the August immediately preceding the effective date of the appointment or transfer.  The ten (10) additional days pay shall be calculated on the basis of 1/200 of the annual salary for the position at the annualized rate prevailing on the first day of the Fall Term.

 The newly appointed or transferred principals or vice-principals are required to work the additional days for which they are being paid pursuant to this Article.

 Any new appointments or transfers effective at any time other than on the first day of the Fall Term do not qualify for the additional payment as herein provided.

e) Establishment of Vice-Principalships:

    i) aa) A vice-principalship(s) shall be established in any school based on the enrolment as at September 30th of each year as follows:
 
Average Enrolment Vice-Principalship
450-849 1.0
850-1,249 1.5
1,250+ 2.0

      bb) When the Board is required to establish a vice-principalship pursuant to Article 3.4(e)(i)(aa) that appointment shall become effective not later than the start of the next Fall Term.

   ii)  The Board shall have the discretion to establish or discontinue vice-principalships of any full-time equivalency whatsoever in whole or in part in any school other than those required in Article 3.4(e)(i)(aa).

   iii)  In cases where a school no longer qualifies for a vice-principalship pursuant to Article 3.4(e)(i)(aa) and the Board desires to discontinue that vice-principalship, that vice-principalship shall not be discontinued earlier than the start of the following Fall Term.

e) Return from Leave:
  
    Principals and vice-principals returning from Deferred Salary Leave or Maternity Leave shall be placed in the same or comparable position as had been occupied at the time leave was taken.

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3.5 Teachers-In-Charge

                        a) Teacher-In-Charge shall be appointed annually, by the Superintendent on the recommendation of the Principal in each school without a Vice-Principal.  The annual allowance for Teachers-In-Charge shall be as set out below:  In any school year where the principal is absent for more than twenty (20) full time equivalent days, the Teacher-In-Charge shall receive an additional daily allowance as set out below for each such full day:

Annual Allowance:
 

Sept. 1, 2014 Sept. 1, 2015 Sept. 1, 2016 Sept. 1, 2017 Jan.1, 2018
$1,219 $1,243 $1,268 $1,287 $1,306

 

Daily Allowance:

Sept. 1, 2014 Sept. 1, 2015 Sept. 1, 2016 Sept. 1, 2017 Jan.1,  2018
$44 $45 $46 $47 $48

 

                        b) During the simultaneous absence of the Principal and Vice-Principal or the Principal and Teacher-In-Charge, an acting Teacher-In-Charge shall be designated and shall receive a prorated allowance for each full day or portion thereof of such absence.  The full day allowance shall be as follows:

 

Daily Allowance:

 

Sept. 1, 2014 Sept. 1, 2015 Sept. 1, 2016 Sept. 1, 2017 Jan.1, 2018
$44 $45 $46 $47 $48


 

                        c) On request of the Principal and with the approval of the Assistant Superintendent, Human Resources and Policy, a substitute teacher shall be engaged to relieve the Teacher-In-Charge or Acting Teacher-In-Charge of his/her teaching duties during the Principal’s and Vice-Principal’s absence.  The request will be made whenever the school administrator(s) will be absent for one-half (1/2) day or more.

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3.6 Program Leaders

a) Program Leaders shall be appointed on an annual basis in all schools as follows:

    (i) In each high school at a rate of one (1) Program Leader per every six (6) full time equivalent teachers on staff in the school as at September 30, each year, and
   (ii) In each school other than high schools at a rate of one (1) Program Leader per every eight (8) full time equivalent teachers as at September 30, each year.

The calculation of the number of teachers in each school shall include the Principal and Vice-Principal(s).  Where the calculation produces a decimal of .5 or greater, the number of Program Leaders shall be increased to the next highest full integer and where the calculation produces a decimal of less than .5 the number of Program Leaders shall be decreased to the next lowest full integer.

b) The Division may, in its discretion, increase the number of Program Leaders, in any school, beyond the number generated by the calculation in this Article.

c) The Principal, in consultation with the teaching staff, will decide on the specific subject or area of responsibility of the Program Leaders to be appointed.  Notwithstanding the foregoing, the Division may decide, annually, the areas in which Program Leaders shall be assigned.

d) Program Leaders shall be appointed by the Superintendent on the recommendation of the Principal.

e) A pool of substitute days will be allocated to each high school each year equal to eight (8) half days multiplied by the number of Program Leaders in each high school as at September 30 of that year.  The substitute days will be used to provide release time to Program Leaders in the high school.  The Principal of each high school shall determine the details of how the substitute days will be used.

f) The annual allowance for Program Leaders shall be as follows:
  
    i) For Program Leaders in high schools:

Sept. 1, 2014 Sept. 1, 2015 Sept. 1, 2016 Sept. 1, 2017 Jan.1, 2018
$2,923 $2,982 $3,042 $3,088 $3,134

    ii) For Program Leaders in all other schools

Sept. 1, 2014 Sept. 1, 2015 Sept. 1, 2016 Sept. 1, 2017 Jan.1, 2018
$1,463 $1,492 $1,522 $1,545 $1,568

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3.7 Coordinators and Consultants

a) Consultant and Coordinator allowances shall be as set out below:

Coordinator:

Sept. 1, 2014 Sept. 1, 2015 Sept. 1, 2016 Sept. 1, 2017 Jan.1, 2018
$12,891 $13,149 $13,412 $13,613 $13,817

 Consultants:

Sept. 1, 2014 Sept. 1, 2015 Sept. 1, 2016 Sept. 1, 2017 Jan.1, 2018
$6,445 $6,574 $6,705 $6,806 $6,908

 The foregoing allowances shall be paid in addition to the Consultant’s or Coordinator’s salary as set out in the Basic Salary Schedule.

 b) Where the Consultant or Coordinator position is less than full time, the allowance shall be pro-rated.

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3.8 Part-Time Teachers

a) Part-time teachers shall participate in school activities, as outlined below, during the regular school day when requested by the Principal.  Pursuant to guidelines issued by the Superintendent, part-time teachers shall receive a per diem payment or portion thereof, for time spent over and above their regularly scheduled teaching time during the school day.  At the Superintendent’s discretion, time in lieu of compensation may be given in an amount equal to the time spent over and above their regularly scheduled teaching time during the school day.  The Principal of each school shall submit to the Secretary-Treasurer with the current month-end reports, on prescribed forms, a report of part-time teachers who are entitled to receive payments pursuant to this article.  Payments pursuant to this article shall be made on or before the regular pay cheque on the last business day of the following month.  Upon receipt on prescribed forms, at the end of June, for time not included in the mid-June report, any payments, pursuant to this article, shall be made by the last business day in July.

The school activities, when occurring during the regular school day, eligible for payment under this article are:

i) Attendance at staff meetings.
ii) Parent-Teacher interviews.
iii) In-service components.
iv) Field trips, band trips, music festivals.
v) Report card writing.
vi) Any other activity where requested by the principal and approved by the Superintendent or designate.

b) All other hiring considerations being equal:

i) Consistent with Article 4.12 (Posting of Teaching Positions) part-time teachers signed to Form 2 or Teacher-General Contracts with Pembina Trails School Division shall be afforded preference over new hires for full time or part-time teaching positions for which they are qualified when such positions become available.

ii) 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.

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3.9 Substitute Teachers

The provisions of the Collective Agreement do not apply to substitute teachers except as expressly provided for in Article 3.9, Substitute Teachers.

 a) Rates

The Board may increase substitute rates at its discretion to such rates, for such periods of time and in such circumstances as the Board deems reasonable.  In no case, however, may substitutes be paid at a rate below the following schedule:

Class 1-3 Daily Rates:

May 1, 2015 Sept.1, 2015 Sept.1, 2016 Sept. 1, 2017 Jan. 1, 2018
$148 $151 $154 $156 $158

Class 4-7 Daily Rates: 

May 1, 2015 Sept.1, 2015 Sept.1, 2016 Sept. 1, 2017 Jan. 1, 2018
$173 $176 $180 $183 $186

The foregoing daily substitute rates are inclusive of vacation pay.

Substitute rates shall be as per Article 3.9 (a) or (b) whichever is the greater.

With the exception of substitute payments being made pursuant to paragraph (b), retroactive substitute payments pursuant to paragraph (a), which would arise as a result of a new Collective Agreement being concluded, in any year, shall not be paid where the gross amount of such retroactive payment is less than $10.00.

b) Extended Substitution

Commencement of the sixth (6th) consecutive day of substituting as a substitute in one classroom, or for one teacher, shall constitute an extended substitute teaching assignment and the following shall apply:

i) Upon commencement of the sixth (6th) consecutive day of substitution in one classroom, or for one teacher, that substitute shall be regarded as one taking the place of a teacher on leave and shall be paid according to qualification and experience under Article 2, retroactively to the first day of such service.  Substitute teachers pursuant to this paragraph shall not be paid at a rate higher than that provided for at the maximum salary of Class 5. 

 ii) In-service days, administration days or days when the Division closes a school during the regular school year shall not be deemed to interrupt the consecutive service of a substitute teacher for purposes of determining status as an extended substitute.

 iii) Such period of extended substitution shall not be deemed to be interrupted when replacing a part-time teacher who is scheduled to work on non-consecutive days.  When the extended substitution is for a part-time teacher, the provisions of Article 3.8 (a) shall apply.  Article 3.8 (b) shall not apply.
 
iv) A substitute teacher who has been employed for at least nine (9) consecutive days of extended substitute teaching 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 a sick leave day shall not constitute an interruption of the extended substitute teaching assignment.

 v) When a substitute teacher suffers an on-job injury and is absent from work as a result of that injury, the Board shall continue to pay the salary of that substitute teacher during such absence limited to the extent of the accumulated sick leave balance at the time of suffering the on-job injury.  The period of time absent from work as a consequence of the on-job injury shall not be charged against the accumulated sick leave balance.

 Entitlement to accrued sick leave or on-the-job injury entitlement ceases upon the last day prior to the return of the teacher being replaced in the assignment.

c) The Division shall reimburse each substitute teacher the same allowance normally received by the teacher being replaced for travel between an assignment involving two or more schools or work sites within the Division’s jurisdiction.

 d) 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 of the teacher who is being replaced.

 e) A substitute teacher who is called to work for an assignment, and who reports for the assignment finding that his or her services are not required shall be offered an alternative assignment equivalent in time to the substitute’s original assignment, and when such alternative assignment is not available shall be paid a half (1/2) day’s pay at the applicable rate in lieu.

 f) Manitoba Teachers’ Society fees and Pembina Trails Teachers’ Association fees shall be deducted from a substitute teacher’s monthly pay. 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 The Manitoba Teaches’ Society fees provided, however, that should the Association so require, it shall be permitted to take over and conduct such legal action and make such settlement thereof as it shall see fit.

 g) Pay cheques relating to salary earned by substitute teachers during any month shall be forwarded to those teachers not later than the last business day of the following calendar month.

 h) In the event of an emergency closure of a school or early dismissal for emergency reasons, substitute teachers will be paid what they would have earned if the school had not closed.  In the event of such occurrence, a substitute may, at the discretion of the Division, be reassigned to another location.

 i) The only matters that may be grieved under the Settlement of Differences Article 4.10 by a substitute teacher or the Association on behalf of the substitute teacher are the provisions of Article 3.9, Substitute Teachers, and the substantive rights and obligations of employment-related and human rights statutes to the extent that they are incorporated into this collective agreement.

 j) In addition to Article 3.9, the following articles of the Collective Agreement shall apply to substitutes:

Article 1.1

Purpose

Article 1.2

Per Diem

Article 1.3

Effective Period

Article 3.1

Salary Schedule

Article 4.1

Harassment

Article 4.2

Freedom From Violence

Article 4.3

Discipline

Article 4.5

Complaints

Article 4.8

Personnel Records

Article 4.11

Non-Discrimination

Article 5.2

Extra-Curricular Activities

Article 5.3

Lunch Period

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3.10 Deduction of Professional Fees

a) Professional fees for a school year will be deducted from every  participating teacher.  These deductions will be made in twenty-four (24) equal semi-monthly installments, according to the scale of fees established by the Manitoba Teachers’ Society, starting with the September cheque.

Monthly installments will be forwarded to the Central Office of Manitoba Teachers’ Society, normally not later than the twentieth (20th) day of the following calendar month.

b) Pembina Trails Teachers’ Association fees will be deducted from every teacher. These deductions will be made in twenty-four (24) equal semi-monthly installments, in accordance with the current rate of fees set by the Pembina Trails Teachers’ Association.  The fees will be remitted to the Pembina Trails Teachers’ Association not later than the twentieth (20th) day of the calendar month following the month of collection.

c) For new teachers, deduction of professional fees as set out in paragraph a) shall become effective from the start of the full pay period immediately following the commencement of employment.

d) Any deductions required to be made from the salary of a teacher, as required by any statute having force and effect in Manitoba, shall take precedence over the deduction and payment of such fees.

e) Fees to be paid by the Administrators eligible to be members of and belonging to the Pembina Trails Teachers’ Association as members of the Manitoba Teachers’ Society Administrators’ Council will be deducted in four (4) equal installments in December and January.  The amount of the deduction will be dependent on the scale set by the Council.  Any Principal or Vice-Principal wishing to write themselves out of the Manitoba Teachers’ Society Administrators’ Council will notify the Division by October 15th each year.

f) 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, Manitoba Teachers’ Society fees and/or Manitoba Teachers’ Society Administrators’ Council fees provided, however, that should the Association so require, it shall be permitted to take over and conduct such legal action and make such settlement thereof as it shall see fit.

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3.11 Mileage Allowance

a) All teachers who are required to use their private vehicles shall receive a travel allowance effective September 1 equal to the lesser of:

   i) The allowable rate per kilometer as set by the Canadian Revenue Agency, or
   
   ii) Rate per kilometre
        2015       2016      2017     
         54˘         55˘        56˘      

c) Payments, pursuant to this article, shall be made in accordance with the following schedule provided that the Principal has submitted to the Secretary-Treasurer, on prescribed forms, by the submission date, the reports of mileage for teachers entitled to payments.

  Report Submission Date to Payment Date to Employees
For the Period Secretary-Treasurer
Start of Fall Term to October 31 With month-end reports at:  October 31 By November 30
November 1 to December 31 With month-end reports at:  December 31 By January 31
January 1 to March 31 With month-end reports at:  March 31 By April 30
April 1 to June 30 With month-end reports at:  June 30 By July 30

[View Clause]

3.12 Parking

a) The Board shall provide parking at a cost to the teacher as follows:

School Year One-Half Time to Full Time Below Half Time
Effective Sept. 1, 2015 Stalls with electrical $102.37
Service:  $204.74
Stalls without electrical $51.19
Service:  $102.37
Effective Sept. 1, 2016 Stalls with electrical  $104.42
service:   $208.83
Stalls without electrical $52.21
service: $104.42
Effective Sept. 1, 2017 Stalls with electrical $107.55
service:  $215.10
Stalls without electrical  $53.78
service:  $107.55

GST is chargeable in addition to the foregoing rates.

b) Parking fees shall be deducted from the teachers’ pay cheques in equal instalments from September through June of each school year. 

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[View Article]

ARTICLE 4: RIGHTS

4.1 Harassment

a) The Division and the Association recognize the right of all individuals within the Division to an environment free from sexual or other harassment and the right to be treated fairly.

b) Allegations and investigations of harassment shall, to the extent possible, be dealt with in confidence.

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4.2 Freedom From Violence

a) Both the Association and the Board recognize the principle that all teachers are entitled to have a working environment free from physical violence, verbal abuse or the threat of physical assault and both parties shall make reasonable efforts to maintain this goal.

b) This section is subject to The Public Schools Act and regulations thereto and is not intended to abrogate any management rights with respect to the student disciplinary process.

c) Teachers shall not have the right to grieve individual student disciplinary decisions made by the School Administration.

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4.3 Discipline

The imposition of discipline without just cause by the Division or any agent thereof in the form of written warning(s) and/or suspension(s) with or without pay shall be subject to the following provisions:

a) Where the Division or person(s) acting on behalf of the Division so disciplines any person covered by this Collective Agreement and where the affected person is not satisfied that the discipline is for just cause, the Division’s action shall be deemed to be a difference between the parties to or persons bound by this Collective Agreement under the Settlement of Differences article.

b) When such a difference is referred to a Board of Arbitration the Board of Arbitration shall have the power to:

i)   uphold the discipline;

ii)  rescind the discipline;

iii) vary or modify the discipline;

iv) order the Board to pay all or part of any loss of pay and/or benefits in respect of the discipline;

v) do one or more of the things set out in sub-clause i), ii), iii) and iv) above.

c) This article does not apply to teacher assessment and evaluation processes done pursuant to Division policy and practices and amendments thereto, except to the extent that any such assessment or evaluation is used as the basis of or in connection with disciplinary action.

d) The Association agrees that the Division or any agent thereof has the right to suspend a teacher with or without pay with just cause.

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4.4 Due Process For Administrators

a) No principal or vice-principal covered by this Collective Agreement shall be demoted without just and reasonable cause.

b) When the Board demotes any principal or vice-principal covered by this Collective Agreement, and where the affected principal or vice-principal is not satisfied that the demotion is for just and reasonable cause, the Board’s actions shall be deemed to be a difference between the parties to, or persons bound by this Collective Agreement under the Settlement of Differences article.

c) When such a difference is referred to a Board of Arbitration the Board of Arbitration shall have the power to:

i)   uphold the demotion;

ii)  rescind the demotion;

iii) vary or modify the demotion;

iv)  order the Board to pay all or part of any loss of pay and/or benefits in respect of the demotion;

v)   do one or more of the things set out in sub-clause i), ii), iii), and iv)
above.

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4.5 Complaints

a) When a complaint is made against a teacher, every reasonable attempt will be made to resolve the matter informally, through discussion with the teacher against whom the complaint is made.

b) If these attempts to resolve the matter are not successful, before the Board or Superintendent considers any complaint further, the complaint must be committed to writing and signed by the complainant. At least one week prior to any action being taken by the Board or Superintendent, the teacher concerned shall be given a copy of the complaint and the Association President shall be informed of the complaint, together with the name of the teacher in question.

c) Sub-sections a) and b) shall apply under all circumstances except in the case of an urgent situation affecting the welfare of the Division, or of a student or students, or of a teacher.

d) The Board and its agents shall act fairly, reasonably and in good faith in dealing with complaints.

e) For the purpose of this article, complaint shall mean an issue not related to the employer/teacher relationship.

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4.6 Teachers On Limited Term Teacher-General Contracts

a) Teachers on Limited Term Teacher-General Contracts are those teachers engaged to perform a specific task, or for a specific period of time or until the occurrence of a specific event.

b) Teachers with two (2) successive full school years of service under a Limited Term Teacher-General Contract shall, on employment for the third successive school year, be signed to a Teacher-General Contract.

c) Notwithstanding the foregoing, should the Division expect the teacher to be employed in the third successive school year for a period of less than three (3) months, the Division may employ such teacher on a Limited Term Teacher-General Contract.

d) A teacher who has been employed 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 contract and shall be entitled retroactively to seniority and to unused sick leave days accrued since his or her date of hire under a Limited Term Teacher-General Contract.

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4.7 Transfers

a) The Association recognizes the right of the Board to assign teachers employed by the Board to schools and classes under the jurisdiction of the Board.

b) Wherever possible, the Board shall give to any teacher to be affected by transfer, the greatest possible advance notice and, in any event, shall accord the teacher opportunity to consultation, both with respect to the fact of the transfer and the details of its accomplishment.

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4.8 Personnel Records

a) A teacher may at a mutually agreed time review his/her personnel file after submitting a request for such review to the Assistant Superintendent, Human Resources or designate. The Division will have its representative present when the teacher is examining his/her personnel file.

b) A teacher shall have the right to respond in writing to any document contained in the personnel file.

c) The Division will not introduce as evidence at any arbitration hearing and an Arbitration Board shall not accept as evidence any document which is disciplinary in nature, unless the teacher has been previously advised of the nature of the discipline and has been provided with a copy of such document on request.

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4.9 Layoff

a) When it is determined by the Board that a layoff is necessary and where natural attrition, transfers and leaves of absence do not effect the necessary reduction in staff, the Board shall give first consideration to retaining teachers having the greatest length of service with the Board.

b) Notwithstanding the foregoing, the Board shall have the right to disregard the length of service of any teacher in the event of a layoff, if such teacher does not have the necessary training, academic qualifications, experience and ability, for a specific teaching assignment within the Division.

c) Definitions

i) 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.

ii) Academic Qualifications: Refers to the classification in which a teacher is placed by the Teacher Certification and Records Branch of Manitoba Education.

iii) Experience: The practical application of the training over a period of time with respect to the particular subject or subjects.

iv) Ability: A teacher’s demonstrated skill and competence to perform a particular teaching assignment satisfactorily and proficiently after having acquired the necessary training, academic qualifications and experience.

v) Length of Teaching Service: The teacher’s length of continuous employment with the Board commencing with the first teaching day after one’s most recent day of hiring with the Board. Approved leaves of absence shall not constitute a break in continuity of service.

vi) Specific Term Contract: A contract, either verbal or written, whereby a teacher is hired to teach a specific subject or subjects for a specific term during all or any part of a school year.

vii) School Year: The period of time from the commencement of a school term on or about the 1st day of September of a particular year to the end of the term in the month of June next following.

d)

i) In the event of an impending layoff, the Board shall meet with the Executive of the Association to discuss the implications of the layoff and shall provide the Association with a list of teachers to be laid off. The meeting shall be held no later than the 15th day of April in any school year.

ii) The Board shall maintain a seniority list showing the date upon which each teacher’s service commenced and the total length of service for the purpose of determining seniority.

e) Length of teaching service shall be determined on the basis of the following:

i) The teacher’s length of continuous employment, with the Board commencing with the first teaching day after one’s most recent day of hiring with the Board.

ii) Where teachers have the same length of continuous employment with the Board, the length of teaching service shall be determined on the basis of total teaching experience in the Division.

iii) Where teachers have the same length of service as in (ii) the length of teaching experience shall be determined on the basis of total recognized teaching experience.

iv) Where teachers have the same length of service as in (iii) the length of teaching service shall be determined on the basis of total recognized teaching experience in Manitoba.

v) If the length of teaching service, as in (iv) is equal, the teacher to be laid off shall be determined as per signature date of respective contracts.

f) Notice of any layoff shall be given to the teachers no later than the 15th day of May in any school year.

g)

i) If, after layoffs have occurred and for a period of two (2) calendar years after the 30th of September following the date of layoff, positions become available, teachers who have been laid off and have given written notice that they wish to be recalled, shall be offered the positions first, providing such teachers have the necessary training, qualifications, experience and ability for the position available. Length of service with the Board will be used to determine the order in which laid off teachers are offered the available positions, provided that the said teachers have the necessary training, qualifications, experience and ability.

ii)

aa) Teachers With One Full School Year or Less

Where a teacher employed under a Teacher-General Contract for a full school year or less and as a result of this article that teacher’s contract has been terminated and that teacher is subsequently signed to a new Teacher-General Contract then that teacher’s length of service for determining layoff will be retroactive to the first teaching day under the previous Teacher-General Contract with the Division provided that employment is continuous.

For the purpose of this article continuous employment is employment with the Division where there is no break in service. For further clarity summer, spring and winter breaks will not constitute a break in service provided that teacher has a Teacher-General Contract in force and effect on the last teaching day of the summer, winter or spring break and a Teacher-General Contract in force and effect on the first teaching day following that break.

bb) Teachers Employed Under a Limited Term Teacher-General Contract

Where a teacher on a Limited Term Teacher-General Contract becomes employed under a Teacher-General Contract, without a break in service, then the length of service for determining layoff will be retroactive to the start date of the first continuous Limited Term Teacher-General Contract signed with the Pembina Trails School Division (or either of its predecessor Divisions).

For the purpose of this clause a continuous Limited Term Teacher-General Contract will be employment with the Division under a Limited Term Teacher-General Contract where there is no break in service between one Limited Term Teacher-General Contract and another Limited Term Teacher-General Contract or Teacher-General Contract. For further clarity, the summer, winter and spring breaks will not constitute a break in service provided that teacher has a contract in force and effect on the last teaching day of the summer, winter or spring break and a Limited Term Teacher-General or Teacher-General Contract in force and effect on the first teaching day following that summer, winter or spring break.

h) Each teacher shall keep the Board informed as to his/her current address.

i) Teachers shall be recalled by registered mail and must reply by registered mail within fourteen (14) days of receiving the letter of recall. Failure to contact the Board shall result in the loss of all recall rights. If a teacher refuses a position for which that employee is qualified, such teacher shall lose all rights for recall.

j) If a teacher is recalled as provided in (i) above, the following will not be affected:

i) accumulated sick leave gained prior to being laid off, but sick leave shall not be accrued for the period of time of the layoff;

ii) seniority gained prior to being laid off, but seniority shall not be accrued for the period of time of the layoff.

k) A teacher shall lose seniority for any of the following reasons:

i) the teacher resigns;

ii) the teacher becomes employed by another school board except in the case of employment under a limited term contract;

iii) the teacher fails to return to work after the termination of any leave granted by the Board;

iv) the teacher is not re-employed within two (2) calendar years after September 30 following the date of layoff;

v) the teacher’s contract is terminated for cause;

vi) any teacher on the re-employment list who refuses to accept a position for which the teacher has the necessary training, academic qualifications and ability to perform the work in the offered position, shall forfeit all rights of seniority and re-employment.

A teacher who has lost his/her right of recall/re-employment as a result of the application of this clause shall be notified as soon as possible that his/her teaching contract has been terminated.

l) Notwithstanding any other provisions of this Article, the foregoing layoff provision shall not apply to a teacher continuously employed by the Board under an approved form of agreement for a full school year or less, as defined by the Minister by regulation, or to a teacher employed on a limited term contract not to exceed one (1) school year where during that term the teacher is employed on the express written understanding that the teacher’s employment with the Board will cease at the end of such term, provided however, no teacher shall be laid off who has been employed by the Board under an approved form of agreement for more than one (1) full school year as defined by the Minister by regulation, where a teacher with a full school year or less of employment under an approved form of agreement or a limited term contract not to exceed one (1) school year has not been laid off, having regard to the necessary training, academic qualifications and ability required for a specific teaching assignment of such teacher employed under a limited term contract of a teacher continuously employed by the Board under an approved form of agreement for a full school year or less as defined by the Minister by regulation.

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4.10 Settlement of Differences

a) Where there is a difference between the parties to, or persons bound by this Agreement, or on whose behalf it was entered into, concerning its content, meaning, application or violation, the aggrieved party shall, within fifty (50) teaching days of the event giving rise to the difference or alleged violation, or, within fifty (50) teaching days from the date on which the grievor became aware of the event giving rise to the difference or alleged violation, whichever is later, notify the other party in writing stating the nature and particulars of the difference and the solution sought.

b) If the difference is not settled within ten (10) teaching days from the date when the aggrieved party notifies the other party, in writing, of its desire to have the difference negotiated, the difference shall, upon written request by either party be submitted to a single arbitrator as herein prescribed.

c) A single arbitrator shall be selected jointly by the parties whose decision regarding the difference between the two parties or alleged violation, shall be limited to the difference or grievance outlined in the statement or statements submitted by the parties but the decision shall not have the authority to vary, add to, delete from change or disregard any provision of this Agreement.

d) In the event that the parties are unable to agree upon a single arbitrator within ten (10) teaching days from the day one party notified the other party of its desire to have the difference submitted to arbitration, each party shall nominate one member ready, willing and able to sit on an arbitration board, and the 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 first two 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.

e) The costs of arbitration shall be shared equally by both parties to this Agreement.

[View Clause]

4.11 Non-Discrimination

The provisions of The Manitoba Human Rights Code shall apply.

[View Clause]

4.12 Posting of Teaching Positions

 1. Teaching vacancies that arise throughout the year will be posted on the Divisional website at www.pembinatrails.ca for a minimum of four working days.

 2. Teachers returning from approved leave shall be placed in positions which are then not required to be posted.

 3. Vacancies for permanent positions which arise in mid year will be posted and filled and then reposted for all staff in the spring staffing period.

 4. Consistent with provisions of Article 3.8 (b)(i), upon application for full time or part-time teaching positions, first preference will be given to all teachers signed to Form 2 or Teacher-General Contracts with Pembina Trails School Division for which they are qualified when such full time or part-time teaching positions become available.

 5. The President of the Pembina Trails Teachers’ Association will be notified of every opportunity as they arise.

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[View Article]

ARTICLE 5: WORKING CONDITIONS

5.1 Contact Time

a) The student contact time assigned in any school year to any member, whether such time is in a teaching, consultative, or supervisory role, shall not, without the consent of the Association, be greater than 5% above the average student contact time assigned to members in each of Elementary, Junior High and Senior High, by the Division (former Fort Garry) during the school year of September 1999 to June 2000.

b) Part-time teachers shall be provided preparation time pro-rata based on their percentage of contract.

[View Clause]

5.2 Extra Curricular Activities

Participation in extra curricular activities by teachers is voluntary.

[View Clause]

5.3 Lunch Period

An uninterrupted lunch period of sixty (60) consecutive minutes shall be provided to each teacher in the Division between the hours of 11:00 a.m., and 2:00 p.m.

[View Clause]
[View Article]

ARTICLE 6: LEAVES OF ABSENCE

6.1 Contract Reductions in Full Time Equivalency

a) Where a teacher requests that his/her full time equivalency be reduced for a school year or less, that request shall be subject to the approval of the Superintendent and, where approved, the reduced portion shall be treated as an unpaid leave of absence. Immediately upon conclusion of that leave of absence, the teacher’s full time equivalency shall revert to the full time equivalency which existed prior to the commencement of the leave of absence. With the approval of the Superintendent, the teacher may extend that leave of absence past the original date and establish a new date at which the reduction in full time equivalency will revert to the original full time equivalency.

b) Where a teacher requests that his/her contract be permanently reduced, that reduction shall be subject to the approval of the Board and where approved, the reduced portion shall be deemed to be a contract reduction of a permanent nature.

[View Clause]

6.2 Leave Without Pay

a) Upon completion of three (3) years of employment in a teaching position with the Division, a teacher shall be eligible for a leave of absence without pay of up to two (2) years in length for study or other purpose. The Superintendent shall have full authority to deny any such request or modify any such request with the consent of the employee and the denial of a request shall not be subject to the Settlement of Differences article.

b) Teachers with less than three (3) years of service may not apply for leave under this article.

c) Without limiting the generality of the following, leaves may be granted for the following:

-     extended parenting leave;

-     illness within the teacher’s family;

-     educational reasons;

-     travel;

-     teacher exchange;

-     to engage in work other than as a teacher in a public or private school,

-     teach in another country,

-     other purposes acceptable to the Superintendent.

 

d) Such leave shall not result in loss of accumulated sick leave nor benefits accrued to the date leave without pay commences and shall not count as experience for increment purposes. Where benefits are allowed to continue the teacher on leave must pre-pay, on a timely basis, both the teacher and employer portion and be subject to any and all provisions of the applicable master plans which may apply. Teachers shall not accumulate sick leave while on leave without pay.

e) A teacher returning from leave under this article within the first year will be placed in a position at the same level but not necessarily the same position. For a teacher who has been on leave for more than one (1) year, placement on return will be to any position. A teacher will return from leave only at the start of the applicable term or semester. Under no circumstances will leave in excess of two (2) years be granted under this article.

f) A teacher on leave will be subject to the Layoff article should that teacher have been covered by that article had that teacher not been on leave.

g) Applications for a leave of absence under this article to be taken during any school year are to be received by April 1st of the preceding school year.

[View Clause]

6.3 Leave Of Absence For Executive Duties

a) A teacher, being a member of the Manitoba Teachers’ Society Executive Committee, or of the Executive Committee of any branch thereof, or of any special Committee of the Society, or being appointed an official representative or delegate of the Society, or branch thereof, and being authorized by the Executive Committee of the Society to attend a meeting of the Committee of which that employee is a member, or to act as a representative or delegate of the Society or of any branch of the Society in a matter of Society business requiring absence from school, shall have the right to attend such meeting or to act as such representative or delegate and shall be excused from school duties for either purpose, provided that the cost of the substitute is assumed by the Society and shall not be charged upon the Board concerned. No additional leave of absence beyond five (5) days in a school year shall be taken for the purpose mentioned above or the purpose set out in Article 6.4, without the consent and approval of the Board except for the position(s) set out in Article 6.4. Except as otherwise provided in this subparagraph or subparagraph b), the maximum days allowed the Association in combined total under this article and Article 6.4 shall not exceed one hundred twenty (120) days in a school year. No additional leave of absence beyond one hundred twenty (120) days in a school year shall be taken for the purpose mentioned above except with the consent and approval of the Board.

b) Notwithstanding paragraph (a), where a teacher has been elected to the Provincial Executive of the Manitoba Teachers’ Society, that teacher shall, in a school year, for the sole purpose of fulfilling duties as members of the Provincial Executive, have the right to a leave of absence for a maximum of forty (40) days which days shall not be counted as part of the one hundred twenty (120) day allowable collective maximum provided in sub-paragraph (a). For each day’s leave of absence taken pursuant to this sub-paragraph, the Society shall reimburse the Division the cost of the substitute.

[View Clause]

6.4 Leave Of Absence For Association Duties

a) The Association, upon giving written notice request on or before May 16th of each year shall be entitled to a maximum full time equivalent two positions for the following school year to attend to Association business. There shall be no loss of wages or benefits for the teachers on leave for Association business and the Association shall reimburse the Board for the full cost of such wages and benefits and any other costs associated with the leave. The details of the leaves requested are subject to the approval of the Superintendent prior to such leaves being taken.

b) At the end of the scheduled term of leave as established pursuant to paragraph (a), each teacher shall return to a teaching position as designated by the Superintendent without less than the same wages and benefits as existed prior to the commencement of the leave for Association duties.

c) Notwithstanding the limitations placed on the absence of individual teachers and the Association collectively, which are set out in Article 6.3, absence from duties to attend joint meetings with representatives of the Board for the purposes of negotiation, conciliation, arbitration or mediation-arbitration shall not be deducted from the individual employee maximum nor the Association collective maximum.

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6.5 Sick Leave

a) It is agreed by the parties that sick leave entitlement shall only be granted by the Division where a teacher is unable to be at work and perform his/her regular duties as a result of illness or injury.

b) The provision of twenty (20) sick days in any year shall be prorated in the following circumstances:

i) where a teacher commences employment at a time other than the commencement of the fall term;

ii) where a teacher returns from a leave at a time other than the commencement of the fall term;

iii) where a teacher terminates employment during the school year for reasons other than sickness;

iv) where a teacher commences an unpaid leave of absence for reasons other than sickness.

For purposes of the above, prorating of the twenty (20) sick days provided in any year shall be calculated as set out below:

No. of days of actual teaching service
 (including paid sick days)                               
                                       20

Total number of teaching days in the school year      

c) The Board shall provide full sick leave entitlement to a pregnant teacher who, as a result of her condition either before or after delivery, is unable to be at work and perform her regular duties for a valid health-related reason(s). The pregnant teacher shall follow current proof of claim procedures for sick leave entitlement as may be required by the Board.

d) Where a teacher is ill, he/she shall be entitled to sick leave during his/her illness and to be paid his/her salary during sick leave, but subject to e), the leave shall not exceed twenty (20) teaching days in any school year.

e) Where the employment of a teacher is continued for more than one (1) year, the unused portion of the sick leave in any year(s) shall be carried forward and accumulated from year to year to a maximum of:

                        -           40 days in the second year

                        -           60 days in the third year

                        -           80 days in the fourth year

                        -           100 days in the fifth year

                        -           120 days in the sixth year

                        -           125 days in the seventh and subsequent years

                        -          Commencing on and from May 1, 2015, the maximum number of days in the seventh and subsequent years shall be 130
            days.

f) Should the Division become eligible for a reduction in premiums under The Employment Insurance Act, the teachers’ five-twelfth (5/12) share of the premium reduction will be remitted annually by July 15th in each school year to the Treasurer of the Association.

g) When a teacher suffers an on-job injury and is absent from work as a result of that injury, the Board 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-job injury. The period of time absent from work as a consequence of the on-job injury shall not be charged against the accumulated sick leave balance.

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6.6 Family Medical Leave

(a) Teachers shall be entitled to use up to an overall maximum of five (5) days of accumulated sick leave per school year to attend to the illness or injury of that teacher’s spouse, common-law partner, children, parents, brother, sister, grandchildren or grandparents whether the family member is natural, in-law, step or foster.  Where such cases occur, entitlement under this article may not be accessed concurrently by both caregivers who are teachers within the scope of this Agreement. 

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6.7 Bereavement Leave

a) A teacher shall be granted up to five (5) regularly scheduled consecutive work days leave without loss of salary or wages in the case of death or life-threatening illness in the immediate family, defined as spouse, child, mother, father, brother, sister, grandmother, grandfather, grandchild whether the family member is natural, in-law, step or foster, court appointed ward, court appointed guardian.

b) A teacher shall be granted up to one (1) regularly scheduled work day leave of absence without loss of salary or wages in the case of death or serious illness of an aunt, uncle, niece, or nephew.

c) A teacher shall be granted up to one (1) regularly scheduled work day leave of absence without loss of salary or wages to act as a pallbearer at a funeral.

d) Short term absences on compassionate grounds, either with or without loss of pay, may be granted at the discretion of the Superintendent.

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6.8 Maternity/Parental/Adoptive Leave

a) Every teacher shall be entitled to maternity and/or parental and/or adoptive leave and any teacher, who has satisfied a seven (7) consecutive months of employment as a teacher with Pembina Trails School Division qualifying requirement, shall be entitled to the Supplementary Employment Benefits as described in items 4, 5 and 6 of this clause.

b) Except as otherwise provided herein, the provisions of the Employment Standards Code will apply.

c) The teacher and the Board may mutually agree to extend the length of the leave if the employee so desires. Any such arrangements shall be confirmed in writing by the Board. The Employment Standards Code shall apply, however, a period of maternity leave longer than contemplated in the Employment Standards Code may be agreed between the teacher and the Board to their mutual satisfaction and may include a determination that when the maternity leave expires during a school term, the teacher may return to work at the commencement of the term immediately following the expiration of the leave. For the purpose of this section “term” means either the months of September to December or January to June, or the commencement of a semester, as the case may be.

d) A teacher taking maternity leave pursuant to this article shall be entitled to receive pay for the period of the leave up to seventeen weeks in the amount of 90% of the salary being received at the time leave was taken, this pay to include any benefits received from Employment Insurance pursuant to a Supplementary Employment Benefits Plan. The implementation of this clause is subject to the successful arrangement of a Supplementary Employment Benefits Plan with Human Resources Development Canada.

e) In respect of the period of maternity leave, payments made according to the Supplementary Employment Benefits Plan will consist of the following:

i) For the first two weeks, payment equivalent to ninety percent (90%) of her gross salary, and

ii) Up to fifteen (15) additional weeks payment equivalent to the difference between the Employment Insurance benefits the employee is eligible to receive and ninety percent (90%) of her gross salary.

f) The Human Resources Development Canada start date for the maternity leave waiting period is the start date for which a teacher is eligible for payment under this article.

g) When any portion of the seventeen (17) weeks falls during the summer, Christmas break, spring break, or any other period for when the teacher is not earning her salary, for that portion of the maternity leave period the teacher is not entitled to receive maternity leave benefits pursuant to this article.

h) A teacher taking paid adoptive or parental leave pursuant to this Article shall be entitled to receive pay for the period of leave up to ten (10) weeks in the amount of ninety percent (90%) of the salary being received at the time leave was taken, this pay to include any benefits received from Human Resources Development Canada to a Supplemental Unemployment Benefits (SEB) Plan. The implementation of this clause is subject to the successful arrangement of a SEB Plan with Human Resources Development Canada.

In respect of the period of adoptive or parental leave, payments made according to the SEB Plan will consist of the following:

i) For the first two (2) weeks, payment equivalent to ninety percent (90%) of gross salary; and

ii) Up to eight (8) weeks payment equivalent to the difference between the Employment Insurance benefit the teacher is eligible to receive and ninety percent (90%) of gross salary.

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6.9 Paternity Leave

a) Upon the occasion of a teacher’s spouse giving birth to a child, that employee shall be granted one day’s absence with pay for the actual occasion of birth and two further day’s leave of absence with pay.  It shall be understood that leave of absence with pay shall be provided when the day of birth or the additional day falls on a regular school day. 

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6.10 Compassionate Care Leave

The Compassionate Care Leave provisions of The Manitoba Employment Standards Code shall apply.

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6.11 Personal Leave

a) Leave of up to two (2) days without loss of salary to attend to personal business may be granted at the discretion of the Superintendent.

b) Where during a school year a teacher takes fewer than two (2) personal leave days, one (1) personal leave day shall be carried over into the next school year. The maximum number of personal leave days carried over into another school year is one (1) day and the carried over days are not cumulative. The maximum number of personal leave days which a teacher may take in any school year is three (3) days. Any days carried over from one school year to a second school year may not be carried over into a third school year. Article 6.11(b) commences with the 2015/16 school year with the first opportunity for carry over to be from the 2015/16 school year into the 2016/17 school year.

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6.12 Religious Holy Leave

 a) A teacher under contract shall be given leave of absence up to a maximum of three (3) days per school year without loss of pay for major religious holy days observed by the employee and designated as a day of obligation by the teacher’s religion.  Teachers shall not absent themselves from duty for reasons of religious holy days without first notifying the Superintendent or designate.

The following notification period shall apply:

i)  Teachers on staff requiring religious holy leave days during the school year shall provide notice in writing on the prescribed form as soon as possible after the start of the school year, however, not later than September 30th;

ii)  In instances where religious holy leave days are required prior to September 30th in the school year, notice shall be given within ten (10) working days after the start of the school year, unless the holy day falls within the first ten (10) working days of the school year where the notice shall not be less than five (5) working days;

iii)  Where the appropriate notice has not been given, religious holy days leave will be provided and the teacher's regular salary will be deducted the substitute teacher rate in the teacher's salary classification.

b)  The parties agree that this article constitutes reasonable accommodation for religious holy leave.

[View Clause]

6.13 Jury and Witness Duty

 a) All teachers under contract shall be granted leave without deduction of salary for court appearances if the employee is:

      i) subpoenaed to be a witness in a court action excepting those actions arising from the employee’s personal affairs;  or

      ii) summoned for jury duty.

b)  The teacher shall remit to the Division any renumeration which the teacher may receive because of an appearance in court as a witness or juror.

c)  A teacher subpoenaed as a witness in a Court of Law must notify his/her Principal/Supervisor as soon as the notice is received.

d)  All information regarding the known times and length of absences should be made known to the teacher's Principal/Supervisor as soon as possible.

e)  The teacher shall make herself/himself available at her/his school when not required at court.

[View Clause]

6.14 Deferred Salary Leave Plan

 Teachers returning from Deferred Salary Leaves shall be reinstated in the same position or in a comparable position to the one held at the commencement of the leave with not less than the same wages and benefits.

[View Clause]

6.15 Educational Leaves

A teacher will have the right to one-half day of paid leave for the purpose of writing a university examination or effective April 30, 2015, defending a thesis or dissertation during the school day to a maximum of two examinations or defenses during any school year or for the purpose of attending the teacher’s own convocation during the school day.

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[View Article]

ARTICLE 7: BENEFITS

7.1 Group Life Insurance

a) The Board shall administer the Manitoba Public Schools Employees Group Life Insurance Plan according to the terms and conditions of the Master Policy of the said Plan and subject to the limitations set out in d).

 b) All teachers shall be provided with the basic insurance of 200% of salary with premiums to be shared equally between the employee and the Board.  Where teachers opt for additional levels of insurance coverage, the premiums associated with such additional coverage shall be borne exclusively by the teacher. 

c) All teachers 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.

d) The Board’s responsibility with respect to the administration of this Plan shall be limited to the following:

 i) deducting premiums from the teachers;

 ii) enrolling newly hired teachers in the Plan;

iii) maintaining records of the teachers who are and are not insured, including maintaining files of application cards, late applicants, teachers whose coverage was rejected on late application, beneficiary designations, and teachers whose coverage has terminated on leaving the Division;

iv) completing a premium statement to accompany premium remittances;

v) providing claim forms to teachers or beneficiaries on request;

vi) completing and submitting the Employer Claim Submission for claimants;

vii) distributing Plan information to teachers from time to time;

viii) conducting periodic re-openings from Accidental Death and Dismemberment applications.

e) Save and except for the express responsibilities set out in d) of this article, the Association acknowledges and agrees that the Board neither has nor assumes any responsibility whatsoever with respect to any aspect of the Manitoba Public School Employees Group Life Insurance Plan.

f) 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 premiums or exercise of other responsibilities with respect to the Group Life Insurance Plan.

[View Clause]

7.2 Disability Benefits Plan

a) The Board shall deduct from teachers’ salaries the full premium costs prescribed by the Plan and shall forward such premiums on a monthly basis to the Plan.

b) All teachers shall be enrolled in the Plan and shall participate in the Plan, in accordance with the terms and conditions of the Plan.

c) Any teacher entering the Division’s employ shall be enrolled automatically in the Plan and shall have deducted monthly from his/her salary the amount of premiums specified by the Plan.

d) The Board’s responsibility with respect to the administration of this Plan shall be limited to the following:

i) deducting premiums from the teachers;

ii) enrolling newly hired teachers in the Plan;

iii) maintaining records of the teachers who are and are not insured, including maintaining files of application cards, late applicants, teachers whose coverage was rejected on late application, beneficiary designations, and teachers whose coverage has terminated on leaving the Division;

iv) completing a premium statement to accompany premium remittances;

v) distributing plan information to teachers from time to time;

vi) completing a Disability Notification Form and submitting it to the Plan after a teacher has been absent ten (10) consecutive teaching days and where the sickness or disability may result in the filing of a claims for benefits;

vii) reporting to the Plan salary changes for teachers in receipt of benefits.

e) Save and except for the express responsibilities set out in (d) of this article, the Association acknowledges and agrees that the Board neither has nor assumes any responsibility whatsoever with respect to any aspect of the Disability Benefits Plan.

f) 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 premiums or exercise of other responsibilities with respect to the Disability Benefits Plan.

[View Clause]

7.3 Short Term Disability Plan

Commencing on and from September 1, 2015, the Division shall administer the Manitoba Teachers’ Society Short Term Disability Plan as follows:

a) The Board shall deduct from teachers’ salaries the full premium costs prescribed by the Plan and shall forward such premiums on a monthly basis to the Plan.

b) All eligible teachers shall be enrolled in the Plan and shall participate in the Plan, in accordance with the terms and conditions of the Plan.

c) Any teacher entering the Division’s employ shall be enrolled automatically in the Plan and shall have deducted semi-monthly from his/her salary the amount of premiums specified by the Plan.

d) The Board’s responsibility with respect to the administration of this Plan shall be limited to the following:
     i) deducting the premiums from the teachers;
    ii) enrolling newly hired teachers in the plan;
    iii) completing a premium statement to accompany premium remittances;
    iv) completing a Short Term Disability Notification Form and submitting it to the Plan when a teacher has been absent from teaching and where the sickness or disability may result in the filing of a claim or benefits, as per the requirement of the Plan.

e) Save and except for the express responsibilities set out in (d) of this article, the Association acknowledges and agrees that the Board neither has nor assumes any responsibility whatsoever with respect to any aspect of the Short Term Disability Plan.

f) The Association shall indemnify and save 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 premiums or exercise of other responsibilities with respect to the Short Term Disability plan.

g) The Division shall refund to the Association 100% of the additional premium rebate under the Employment Insurance Commission Act as a result of the implementation and continuation of the Short Term Disability Plan.

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7.4 Extended Health Benefit Plan and Dental Insurance Plan

a) The Division will participate in the administration of the Manitoba Public School Employees Dental and Extended Health Benefits Plan(s), (MPSE Dental and EHB Plan(s) in accordance with the terms and conditions of the Agreement entered into by the Division and the Association attached hereto as the Collateral Agreement.

b) All Employees covered by this Collective Agreement that are eligible under the terms of the MPSE Dental Plan and EHB Plan(s) shall be required to participate in the MPSE Dental and EHB Plan(s) unless entitled to elect out of the Dental and/or EHB Plan(s) as may be permitted under the terms thereof.

c) The cost of the MPSE Dental and EHB Plan(s) will be paid by the Division in accordance with the terms and conditions of the Dental and EHB Plan(s) Agreement.
 
d) The Division agrees that the Division’s monthly contribution to the MPSE Dental and EHB Plan(s) 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 and EHB Plan(s)). Provided that an Employee may elect, in prescribed form, for reduced coverage as permitted under the terms of the Dental and EHB Plan(s) 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; or

    (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 and Extended Health 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; or

    (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 group Dental and/or Extended Health plan coverage, shall receive an amount equal to the monthly rate for family coverage. 

[View Clause]

7.5 Professional Development Fund

a) The Board will establish a professional development fund by way of a separate allocation in its annual budget which will be jointly administered by the Association and Division.

b) The Board shall make an annual allocation per fiscal year as set out below:
  
Fiscal  2014/15 Fiscal  2015/16 Fiscal  2016/17 Fiscal  2017/18
$462,786 $472,042 $481,483 $495,927

c) The Professional Development Fund will not be an imprest fund.

  (An imprest fund is created when a cash payment is made from the central bank account of the Division into either a pool of physical cash or into a bank account separate from the Division’s central bank account and which is under the control of designated teachers of the Division.  Disbursements are made from the imprest fund separate from the central disbursement process as directed by the designated teachers).

d) A Management Committee will be established to administer the Fund comprised of equal representation from the Division and the Association.  The Superintendent will appoint the Division representatives on the Management Committee and the President of the Pembina Trails Teachers’ Association will appoint the Association representatives.  The maximum size of the Management Committee will be eight (8).

e) Where irreconcilable differences between the parties exist with respect to the administration of the Fund, a third party shall mediate/arbitrate any difference.

f) The Division and the Association will agree on the name(s) of a third party or parties who will be available to mediate/arbitrate any irreconcilable differences between the parties on the administration of this Fund.  The decision of the third party mediator/arbitrator will be final and binding.

g) The Professional Development Fund expenditures are for sabbaticals (full or partial), in-service training, workshops, conferences, a course or courses of study which may or may not include paid or unpaid leaves of absence, or any other professional development activity which is appropriate.

h) The Professional Development Fund is set out in addition to any other budgeted  professional development allocation for staff, including teachers, which the Board  may choose to make in the course of  establishing its annual budget.

i) Any professional development activity must have as its aim and purpose to provide a benefit and furtherance to the educational activities of the Pembina Trails School Division.

 j)  A Joint Professional Development Accumulated Surplus/Deficit Fund (“the Surplus/Deficit Fund”) shall be established commencing with the results of the 2007/08 Fiscal Year.  For any fiscal year when the actual amount expended is less than the amount of the annual allocation adjusted by the carried forward balance in the Surplus/Deficit Fund from the prior fiscal year, the unexpended amount shall be added to the Surplus/Deficit Fund.  For any fiscal year when the actual amount expended is greater than the amount of the annual allocation adjusted by the carried forward balance in the Surplus/Deficit Fund from the prior fiscal year, the over expended amount shall be deducted from the Surplus/Deficit Fund.  The balance in the Surplus/Deficit Fund shall be added to or deducted from the annual allocation for the subsequent fiscal year.  The Management Committee shall take every reasonable precaution not to over expend the amounts available to it in any fiscal year.

DATED at Winnipeg, Manitoba, this 30th day of  April, A.D. 2015.

Pembina Trails Teachers’ Association
of The Manitoba Teachers’ Society                          Pembina Trails School Division

  
_____________________________                    _________________________
President                                                                  Chair of the Board

     
______________________________                  _________________________
Negotiations Chair                                                   Secretary Treasurer

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[View Article]

LETTER OF UNDERSTANDING

Re: Personal Leave Applications

LETTER OF UNDERSTANDING

BETWEEN

THE PEMBINA TRAILS SCHOOL DIVISION

-and-

THE PEMBINA TRAILS TEACHERS’ ASSOCIATION

RE: PERSONAL LEAVE APPLICATIONS

The Parties herewith agree that the Division will not require teachers to provide reasons for their request for personal leave under the Personal Leave article of this collective agreement.

DATED at Winnipeg, Manitoba, this 30th day of  April, A.D. 2015.

Pembina Trails Teachers’ Association
of The Manitoba Teachers’ Society                        Pembina Trails School Division

   
______________________________                  _________________________
President                                                                   Chair of the Board

     
______________________________                 _________________________
Negotiations Chair                                                    Secretary Treasurer

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LETTER OF ADMINISTRATION: METHOD OF PAYMENT

April 30, 2015

 

Ms. Ashleigh Deeley

Vice-President

Pembina Trails Teachers’ Association

Westdale School

105-6720 Betsworth Avenue

Winnipeg, Manitoba R3R 1W3

 

Dear Ashleigh:

 

Re:       Letter of Administration: Method of Payment

 

This Letter of Administration sets out provisions and practices with respect to Article 3.2: Method of Payment.


1. On or before the last business day of the month of June, in any year, Teachers who fall into one of the categories set out below shall be paid the difference between the annualized salary earned during the school year and all amounts paid prior to that date. The amount of the annualized salary earned by any teacher shall be determined by taking the total days taught by a teacher as a proportion or percentage of the total teaching days in the Fall and Spring Terms as  prescribed by the Minister of Education multiplied by the annualized salary rates in effect during the school year.  This provision applies to:


      (a) Teachers  signed  to  a  Teacher  General  Contract  or  equivalent  whose employment with the Division is terminated in June of any year;


      (b) Any Teacher signed to a Limited Term Teacher Contract;


      (c) Any other circumstance where a reconciliation is required, including payment on or before June should the reconciliation warrant it.


2. Teachers on a Teacher General Contract or equivalent who are continuing employment into the subsequent school year shall be paid, during July and August, the difference between the annual salary earned for the school year just ended and all amounts paid to June 30 of the school year ending as set out in paragraph 1 above. The difference shall be paid equally over four (4)

semi- monthly salary payments during July and August on the dates set out in Article 3.2(b) of the Collective Agreement.


3. Teachers receiving maternity leave or parental leave top up payments shall be paid the top up payments monthly on the last business day of the month during the months when the Teachers are eligible to receive them.


4. The payment dates of the fifteenth (15th) day of each month and the last business day of each month as set out in Article 3.2 (b) are made without exception to the month in which the payments are being made.


5. Normally, any benefit deductions that are required will be deducted from each pay. The full parking fees will, normally, be deducted from each pay from September through June.


Yours faithfully,

 

 


Craig M. Stahlke, CMA, FCMA
Secretary-Treasurer

 

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ADDENDUM TO THE AGREEMENT

Professional Development Fund

ADDENDUM TO THE AGREEMENT

BETWEEN

THE PEMBINA TRAILS SCHOOL DIVISION

-and-

THE PEMBINA TRAILS TEACHERS’ ASSOCIATION
OF THE MANITOBA TEACHERS SOCIETY

The following sets out the basis of an agreement made between the Pembina Trails School Division and the Pembina Trails Teachers’ Association in conjunction with the Collective Agreement between the two parties made as of the 30th day of  April, 2015.

PROFESSIONAL DEVELOPMENT FUND

The parties agree that the following are acceptable as mediator/arbitrator with respect to any irreconcilable differences which may arise between the parties in connection with the administration of the Professional Development Fund as set out in Article 7.5.

 i) Michael Werier
 ii) Arne Peltz
 iii) Failing the availability of either of the foregoing, the Manitoba Labour Board List “A” shall be accessed.

DATED at Winnipeg, Manitoba, this 30th day of April, A.D. 2015.


Pembina Trails Teachers’ Association
of The Manitoba Teachers’ Society                     Pembina Trails School Division

   
______________________________             _________________________
President                                                             Chair of the Board

     
______________________________              _________________________
Negotiations Chair                                               Secretary Treasurer

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[View Article]

AUXILIARY AGREEMENT

THIS AUXILIARY AGREEMENT made as of the 30th day of April, 2015

BETWEEN:

PEMBINA TRAILS SCHOOL DIVISION
(hereinafter referred to as the “Division”)


- and -


PEMBINA TRAILS TEACHERS’ ASSOCIATION OF
THE MANITOBA TEACHERS’ SOCIETY,

(hereinafter referred to as the “Association”)


WHEREAS pursuant to a certain collective agreement dated April 30, 2015, the Division has agreed to participate in a number of insurance programs, including:

• The Manitoba Public School Employees Group Life Insurance Plan; and
• The Manitoba Public School Employees Dental & 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:

Year 1: September 2014 (2014-15)     2.0% increase
Step Class 1 Class 2 Class 3 Class 4 Class 5 Class 6 Class 7
0 36,933 40,785 44,332 52,879 56,107 60,009 63,342
1 38,686 42,524 46,618 55,785 59,243 63,059 66,782
2 40,441 44,836 49,540 58,689 62,361 66,329 70,270
3 42,198 47,159 52,455 61,603 65,499 69,639 73,739
4 43,956 49,475 55,379 64,608 68,629 72,950 77,234
5 45,710 51,799 58,300 67,628 71,762 76,261 80,706
6 47,735 55,189 62,415 70,651 74,903 79,573 84,185
7       73,666 78,085 82,887 87,664
8       76,697 81,414 86,210 91,142
9       82,411 87,089 92,487 97,767

Year 2: September 2015 (2015-16) 2.0% increase
Step Class 1 Class 2 Class 3 Class 4 Class 5 Class 6 Class 7
0 37,672 41,601 45,219 53,937 57,229 61,209 64,609
1 39,460 43,374 47,550 56,901 60,428 64,320 68,118
2 41,250 45,733 50,531 59,863 63,608 67,656 71,675
3 43,042 48,102 53,504 62,835 66,809 71,032 75,214
4 44,835 50,465 56,487 65,900 70,002 74,409 78,779
5 46,624 52,835 59,466 68,981 73,197 77,786 82,320
6 48,690 56,293 63,663 72,064 76,401 81,164 85,869
7       75,139 79,647 84,545 89,417
8       78,231 83,042 87,934 92,965
9       84,059 88,831 94,337 99,722

Year 3: September 2016 (2016-17)     2.0% increase
Step Class 1 Class 2 Class 3 Class 4 Class 5 Class 6 Class 7
0 38,425 42,433 46,123 55,016 58,374 62,433 65,901
1 40,249 44,241 48,501 58,039 61,637 65,606 69,480
2 42,075 46,648 51,542 61,060 64,880 69,009 73,109
3 43,903 49,064 54,574 64,092 68,145 72,453 76,718
4 45,732 51,474 57,617 67,218 71,402 75,897 80,355
5 47,556 53,892 60,655 70,361 74,661 79,342 83,966
6 49,664 57,419 64,936 73,505 77,929 82,787 87,586
7       76,642 81,240 86,236 91,205
8       79,796 84,703 89,693 94,824
9       85,740 90,608 96,224 101,716

Year 4: September 2017 (2017-18)     1.5% increase
Step Class 1 Class 2 Class 3 Class 4 Class 5 Class 6 Class 7
0 39,001 43,069 46,815 55,841 59,250 63,369 66,890
1 40,853 44,905 49,229 58,910 62,562 66,590 70,522
2 42,706 47,348 52,315 61,976 65,853 70,044 74,206
3 44,562 49,800 55,393 65,053 69,167 73,540 77,869
4 46,418 52,246 58,481 68,226 72,473 77,035 81,560
5 48,269 54,700 61,565 71,416 75,781 80,532 85,225
6 50,409 58,280 65,910 74,608 79,098 84,029 88,900
7       77,792 82,459 87,530 92,573
8       80,993 85,974 91,038 96,246
9       87,026 91,967 97,667 103,242

Year 4: January 2018 (2017-18)     1.5% increase
Step Class 1 Class 2 Class 3 Class 4 Class 5 Class 6 Class 7
0 39,586 43,715 47,517 56,679 60,139 64,320 67,893
1 41,466 45,579 49,967 59,794 63,500 67,589 71,580
2 43,347 48,058 53,100 62,906 66,841 71,095 75,319
3 45,230 50,547 56,224 66,029 70,205 74,643 79,037
4 47,114 53,030 59,358 69,249 73,560 78,191 82,783
5 48,993 55,521 62,488 72,487 76,918 81,740 86,503
6 51,165 59,154 66,899 75,727 80,284 85,289 90,234
7       78,959 83,696 88,843 93,962
8       82,208 87,264 92,404 97,690
9       88,331 93,347 99,132 104,791

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 or Parental Leave top-up;
4. Term teachers who are contracted to work less than 60 days.

This Auxiliary Agreement is attached to and forms part of the Collective Agreement between the Parties dated April 30, 2015.


CONCURRING SIGNATORIES

Dated at Winnipeg, Manitoba this 30th day of April, 2015.

Signed and agreed on behalf of the Division:

 _________________________________________
 Chairperson

 _________________________________________
 Secretary - Treasurer


Signed and agreed on behalf of the Association:

 _________________________________________
 President

 _________________________________________
VP - CB

[View Clause]
[View Article]

COLLATERAL AGREEMENT

THIS COLLATERAL AGREEMENT made this 15th day of July, 2015          
BETWEEN:

THE PEMBINA TRAILS SCHOOL DIVISION
(hereinafter referred to as the “Division”)

                                                                                                     OF THE FIRST PART,
- and -

THE PEMBINA TRAILS TEACHERS’ ASSOCIATION OF
THE MANITOBA TEACHERS’ SOCIETY

(hereinafter referred to as the “Association”)

                                                                                                              OF THE SECOND PART.

WHEREAS pursuant to a certain collective agreement dated April 30, 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:

1. The preamble hereto shall form an integral part hereof.

2. The terms and conditions of the Plan shall be as formulated by the Trust.

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 Trust and/or by the insurer appointed by the Trust to administer the Plan.

4. The Division shall make the following payments:

    a) Subject to paragraph (b) which follows, for October, 2014 the Division shall pay monthly $102.50 on behalf of each Employee in respect of the Dental plan and/or $105.50 on behalf of each Employee in respect of the Extended Health plan, said $102.50  and $105.50 being the monthly rates for family coverage under each plan. Such payments shall be made to the Trust 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 of the Employee having alternate employer-sponsored group dental or health coverage, as the case may be, the Division shall pay to the employee the difference in the monthly rate under each plan between family coverage 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:

  To the Division:
  Secretary-Treasurer
  PEMBINA TRAILS SCHOOL DIVISION

  181 Henlow Bay
  Winnipeg MB   R3Y 1M7
 
  To the Association:
  Vice-President/Collective Bargaining Chair
  PEMBINA TRAILS TEACHERS’ ASSOCIATION
  Rm 105 - 6720 Betsworth Ave
  Winnipeg MB    R3R 1W3

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 has caused its Corporate Seal to be hereunto affixed duly attested by the signatures of its proper officers in that behalf, the day and year first above written.

THE PEMBINA TRAILS SCHOOL DIVISION
 
______________________________ 
 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 PEMBINA TRAILS TEACHERS’ ASSOCIATION
 
 _______________________________
 President
  
 _______________________________
VP - CB

[View Clause]
[View Article]

LETTER OF AGREEMENT

RE: Revised October 2014 Salary grid net of Dental and Extended Health

LETTER OF AGREEMENT 
Manitoba Public School Employees Dental and Extended Health Plan

Between

The Pembina Trails School Division
 
and
 
The Pembina Trails Teachers’ Association

of the
 
Manitoba Teachers’ Society

RE: Revised October 2014 Salary grid net of Dental and Extended Health

The Division administers the Manitoba Public School Employees Dental and Extended Health Plan as per the Collateral Agreement dated April 30, 2015, for the members of the Pembina Trails Teachers’ 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 October 2014.

Year 1: Fall 2014 (2014-15)     $2,496 family premium
Step Class 1 Class 2 Class 3 Class 4 Class 5 Class 6 Class 7
0 34,437 38,289 41,836 50,383 53,611 57,513 60,846
1 36,190 40,028 44,122 53,289 56,747 60,563 64,286
2 37,945 42,340 47,044 56,193 59,865 63,833 67,774
3 39,702 44,663 49,959 59,107 63,003 67,143 71,243
4 41,460 46,979 52,883 62,112 66,133 70,454 74,738
5 43,214 49,303 55,804 65,132 69,266 73,765 78,210
6 45,239 52,693 59,919 68,155 72,407 77,077 81,689
7       71,170 75,589 80,391 85,168
8       74,201 78,918 83,714 88,646
9       79,915 84,593 89,991 95,271

Dated at Winnipeg, Manitoba this 30th day of April, 2015

Signed on behalf of the Pembina Trails School Division:
__________________________
Chairperson
__________________________
Secretary – Treasurer

Signed on behalf of the Pembina Trails Teachers’ Association:
 __________________________
President
__________________________
VP - CB

[View Clause]
[View Article]

LETTER OF ADMINISTRATION: Joint Committee with respect to Release Time for Reporting

April 30, 2015


Ms. Ashleigh Deeley
Vice-President
Pembina Trails Teachers’ Association
Westdale School
105-6720 Betsworth Avenue
Winnipeg, Manitoba
R3R 1W3

Dear Ashleigh:

RE: Letter of Administration: Joint Committee with respect to Release Time for Reporting

This Letter of Comfort confirms the following terms with respect to the above captioned matter as set out in the Memorandum of Agreement following the conclusion of negotiations for a new Collective Agreement for the period July 1, 2014 to June 30, 2018.

The Parties agreed to implement a joint committee with equal representation to review and make recommendations on this matter. The committee shall conclude its work and make recommendations back to the respective Parties no later than December 31, 2015.

Sincerely yours,

 

Ted Fransen
Superintendent of Education

[View Clause]
[View Article]

LETTER OF AGREEMENT

RE: Revised Oct. 2015 Salary grid net of Dental and Extended Health

LETTER OF AGREEMENT 
Manitoba Public School Employees Dental and Extended Health Plan

Between

The Pembina Trails School Division
 
and
 
The Pembina Trails Teachers’ Association

of the
 
Manitoba Teachers’ Society

RE: Revised Oct. 2015 Salary grid net of Dental and Extended Health

The Division administers the Manitoba Public School Employees Dental and Extended Health Plan as per the Collateral Agreement dated July 15, 2015 for the members of the Pembina Trails Teachers’ 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 October 2015.

 
Year 2: October 2015 (2015-16)
$2,544 Annual Benefit Premium
Step Class 1 Class 2 Class 3 Class 4 Class 5 Class 6 Class 7
0 35,128 39,057 42,675 51,393 54,685 58,665 62,065
1 36,916 40,830 45,006 54,357 57,884 61,776 65,574
2 38,706 43,189 47,987 57,319 61,064 65,112 69,131
3 40,498 45,558 50,960 60,291 64,265 68,488 72,670
4 42,291 47,921 53,943 63,356 67,458 71,865 76,235
5 44,080 50,291 56,922 66,437 70,653 75,242 79,776
6 46,146 53,749 61,119 69,520 73,857 78,620 83,325
7       72,595 77,103 82,001 86,873
8       75,687 80,498 85,390 90,421
9       81,515 86,287 91,793 97,178

Dated at Winnipeg, Manitoba this 15th day of July, 2015

Signed on behalf of the Pembina Trails School Division:
__________________________         
 Chairperson
__________________________         
 Secretary – Treasurer

 

Signed on behalf of the Pembina Trails Teachers’ Association:
__________________________         
 President
__________________________         
 Secretary

[View Clause]
[View Article]

LETTER OF AGREEMENT

Manitoba Public School Employees Dental and Extended Health Plan

LETTER OF AGREEMENT 
Manitoba Public School Employees Dental and Extended Health Plan

Between

The Pembina Trails School Division
 
and
 
The Pembina Trails Teachers’ Association

of the
 
Manitoba Teachers’ Society

RE: Oct. 2017 and Feb, 2018 Salary grids net of Dental and Extended Health

The Division administers the Manitoba Public School Employees Dental and Extended Health Plan as per the Collateral Agreement dated April 15, 2015 for the members of the Pembina Trails Teachers’ 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 October 2017 and February 2018.

Year 4: September 2017 (2017-18) $2,712 Annual Benefit Premium
Step Class 1 Class 2 Class 3 Class 4 Class 5 Class 6 Class 7
0 36,289 40,357 44,103 53,129 56,538 60,657 64,178
1 38,141 42,193 46,517 56,198 59,850 63,878 67,810
2 39,994 44,636 49,603 59,264 63,141 67,332 71,494
3 41,850 47,088 52,681 62,341 66,455 70,828 75,157
4 43,706 49,534 55,769 65,514 69,761 74,323 78,848
5 45,557 51,988 58,853 68,704 73,069 77,820 82,513
6 47,697 55,568 63,198 71,896 76,386 81,317 86,188
7       75,080 79,747 84,818 89,861
8       78,281 83,262 88,326 93,534
9       84,314 89,255 94,955 100,530
Year 4: January 2018 (2017-18) $2,754 Annual Benefit Premium
Step Class 1 Class 2 Class 3 Class 4 Class 5 Class 6 Class 7
0 36,832 40,961 44,763 53,925 57,385 61,566 65,139
1 38,712 42,825 47,213 57,040 60,746 64,835 68,826
2 40,593 45,304 50,346 60,152 64,087 68,341 72,565
3 42,476 47,793 53,470 63,275 67,451 71,889 76,283
4 44,360 50,276 56,604 66,495 70,806 75,437 80,029
5 46,239 52,767 59,734 69,733 74,164 78,986 83,749
6 48,411 56,400 64,145 72,973 77,530 82,535 87,480
7       76,205 80,942 86,089 91,208
8       79,454 84,510 89,650 94,936
9       85,577 90,593 96,378 102,037


Dated at Winnipeg, Manitoba this 22nd day of June, 2017

Signed on behalf of the Pembina Trails School Division:

 __________________________         
 Chairperson
 __________________________         
 Secretary – Treasurer


Signed on behalf of the Pembina Trails Teachers’ Association:

__________________________         
 President
__________________________         
 Secretary 

[View Clause]
[View Article]

COLLATERAL AGREEMENT

THIS COLLATERAL AGREEMENT made this 22nd day of June, 2017          

BETWEEN:

THE PEMBINA TRAILS SCHOOL DIVISION
(hereinafter referred to as the “Division”)

OF THE FIRST PART,

- and -

THE PEMBINA TRAILS TEACHERS’ ASSOCIATION OF
THE MANITOBA TEACHERS’ SOCIETY
(hereinafter referred to as the “Association”)

OF THE SECOND PART.

WHEREAS pursuant to a certain collective agreement dated April 15, 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:

1. The preamble hereto shall form an integral part hereof.

2. The terms and conditions of the Plan shall be as formulated by the Trust.

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 Trust and/or by the insurer appointed by the Trust to administer the Plan.
 
4. The Division shall make the following payments:

a) Subject to paragraph (b) which follows, for October, 2017 the Division shall pay monthly $108.00 on behalf of each Employee in respect of the Dental plan and/or $118.00 on behalf of each Employee in respect of the Extended Health plan, said $108.00  and $118.00 being the monthly rates for family coverage under each plan. Such payments shall be made to the Trust or to such party as the Trustees shall designate in writing.

Subject to paragraph (b) which follows, for February, 2018 the Division shall pay monthly $109.50 on behalf of each Employee in respect of the Dental plan and/or $120.00 on behalf of each Employee in respect of the Extended Health plan, said $109.50  and $120.00 being the monthly rates for family coverage under each plan. Such payments shall be made to the Trust 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 of the Employee having alternate employer-sponsored group dental or health coverage, as the case may be, the Division shall pay to the employee the difference in the monthly rate under each plan between family coverage 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:

  To the Division:

  PEMBINA TRAILS SCHOOL DIVISION
  181 Henlow Bay
  Winnipeg MB   R3Y 1M7
 

  To the Association:
 
  PEMBINA TRAILS TEACHERS’ ASSOCIATION
  Rm 105 - 6720 Betsworth Ave
  Winnipeg MB    R3R 1W3

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 has caused its Corporate Seal to be hereunto affixed duly attested by the signatures of its proper officers in that behalf, the day and year first above written.

THE PEMBINA TRAILS SCHOOL DIVISION
 
________________________ 
 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 PEMBINA TRAILS TEACHERS’ ASSOCIATION
 
 ________________________
 President
  
 ________________________
 Secretary

[View Clause]
[View Article]

Memorandum of Settlement

THIS AGREEMENT made as of the 14th day of September, 2017 (the “Agreement”)

 

BETWEEN:

PEMBINA TRAILS SCHOOL DIVISION,

(the “Employer”)

 

- and -

  

PEMBINA TRAILS SCHOOL DIVISION TEACHERS’ ASSOCIATION

OF THE MANITOBA TEACHERS’ SOCIETY,

(the “Association”)

  WHEREAS:

  1. The Association filed a grievance on November 10, 2015, grieving the application of the Maternity / Adoptive / Parental Leave provisions of the Collective Agreement, and whereas various Individual Grievances were also filed (hereinafter all grievances are collectively referred to as, the “Grievance”); and
  2. The Employer and the Association have reached a resolution concerning the Grievance on the terms and conditions as set out herein.

NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties hereby agree as follows:

  1. Effective July 1, 2017, Articles 6.8 (d), (e), (f), (g), and (h) of the Collective Agreement shall be deleted and replaced with the revised Article 6.8 (d), (e) and (f), as set out in Schedule “A” hereof;
  2. Effective the date of this Agreement, the Grievance will be withdrawn on a with prejudice basis;
  3. From the date of this Agreement, up to July 1, 2017, the Association agrees not to file any grievance with the respect to the subject matter of the Grievance; and
  4. Any teacher on leave, pursuant to Article 6.8, as of July 1, 2017, who remains on leave in September of 2017, will be subject to the revised Article 6.8 (Schedule “A”) for the portion of his/her leave remaining as of July 1, 2017.

Signed at Winnipeg, this 15th day of September, 2017. 

Pembina Trails School Division Teachers’ Association

Per:_______________________________

 

Signed at Winnipeg, this 14th day of September, 2017.

Pembina Trails School Division

Per:______________________________

 

Per:_______________________________

[View Clause]

Schedule 'A'

6.8          Maternity/Parental/Adoptive Leave (cont’d)

(d) Effective July 1, 2017 a teacher taking Maternity Leave and/or Parental/Adoptive Leave pursuant to this article shall be entitled to receive pay equivalent to ninety percent (90%) of the teacher’s gross salary (gross salary means the teacher’s gross salary at the time the leave commenced plus any subsequently negotiated salary adjustments) for up to one hundred and thirty-five (135) teaching days, which pay will include any employment insurance benefits received in accordance with this article.

(e) Effective July 1, 2017 the Division shall pay a teacher on Maternity Leave and/or Parental/Adoptive Leave:

(1) if the teacher’s one (1) week or five (5) day waiting period falls entirely on teaching days, ninety percent (90%) of the teacher’s gross salary plus up to eighty (80) teaching days of Maternity Leave Top-Up calculated at the difference between the teacher’s employment insurance benefit and ninety percent (90%) of the teacher’s gross salary provided the teacher remains on either maternity or parental leave and continues to receive employment insurance benefits;

(2) if the teacher’s one (1) week or five (5) day waiting period falls partially or entirely within a non-teaching period, ninety percent (90%) of the teacher’s gross salary for any teaching days and up to eighty-five (85) teaching days of maternity leave top-up calculated at the difference between the teacher’s employment insurance benefit and ninety percent (90%) of the teacher’s gross salary provided the teacher remains on either maternity or parental leave and continues to receive employment insurance benefits;

(3) up to fifty (50) teaching days of parental/adoptive leave top-up calculated at the difference between the teacher’s employment insurance benefit and ninety percent (90%) of the teacher’s gross salary provided the teacher remains on parental/adoptive leave and continues to receive employment insurance benefits.

For greater certainty, a teacher who is receiving employment insurance benefits shall be entitled to:

(1) one hundred and thirty-five (135) teaching days of pay and/or top-up benefits if the teacher takes both maternity leave and parental/adoptive leave;

(2) eighty-five (85) teaching days of pay and/or top-up benefits if the teacher only takes maternity leave;

(3) fifty (50) teaching days of pay and/or top-up benefits if the teacher only takes parental/adoptive leave;

unless the teacher takes a shorter period of maternity leave or parental/adoptive leave in which case, the pay and/or top-up will be pro-rated to reflect the actual number of teaching days taken. The parties acknowledge that the top-up payments made by the Division for maternity leave may extend into the period of time that the teacher is on parental leave but the payment is intended to be a top-up of maternity leave benefits.

(f) Non-Application

This article shall not apply to any teacher who is employed on a term contract during the teacher’s first year of employment. All other teachers shall be eligible to receive the top-up benefits once they have been employed for a period of seven (7) months by the Division.

[View Clause]
[View Article]

Collateral Agreement

THIS COLLATERAL AGREEMENT made this 28th day of September, 2020

BETWEEN:

THE PEMBINA TRAILS SCHOOL DIVISION

(hereinafter referred to as the “Division”)

OF THE FIRST PART, 

- and - 

THE PEMBINA TRAILS TEACHERS’ ASSOCIATION OF

THE MANITOBA TEACHERS’ SOCIETY

(hereinafter referred to as the “Association”)

OF THE SECOND PART.

WHEREAS pursuant to a certain collective agreement dated July 1, 2017, 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 Benefits 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:

  1. The preamble hereto shall form an integral part hereof.
  2. The terms and conditions of the Plan shall be as formulated by the Trust.
  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 Trust and/or by the insurer appointed by the Trust to administer the Plan.
  4. The Division shall make the following payments:
  1. Subject to paragraph (b) which follows, for October, 2020 the Division shall pay monthly $88.50 on behalf of each Employee in respect of the Dental plan and/or $126.00 on behalf of each Employee in respect of the Extended Health plan, said $88.50  and $126.00 being the monthly rates for family coverage under each plan. Such payments shall be made to the Trust or to such party as the Trustees shall designate in writing.
  2. 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 of the Employee having alternate employer-sponsored group dental or health coverage, as the case may be, the Division shall pay to the employee the difference in the monthly rate under each plan between family coverage and the coverage elected by the Employee.
  3. 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.
  1. 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.
  2. 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.
  3. 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:

                    To the Division:

                    PEMBINA TRAILS SCHOOL DIVISION

                    181 Henlow Bay

                    Winnipeg, MB  R3Y 1M7

 

                    To the Association:

                    PEMBINA TRAILS TEACHERS' ASSOCIATION

                    Rm 105-6720 Betsworth Ave.

                    Winnipeg, MB  R3R 1W3

 

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.


 

  1. Time shall be of the essence of the Agreement which Agreement shall be governed by the laws of the Province of Manitoba. 
  2. 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 has caused its Corporate Seal to be hereunto affixed duly attested by the signatures of its proper officers in that behalf, the day and year first above written.

THE PEMBINA TRAILS SCHOOL DIVISION

____________________________________

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 PEMBINA TRAILS TEACHERS' ASSOCIATION

________________________________

President

________________________________

Secretary

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Letter of Agreement

LETTER OF AGREEMENT  

Manitoba Public School Employees Dental and Extended Health Plan

Between

The Pembina Trails School Division 

and

The Pembina Trails Teachers’ Association

of the 

Manitoba Teachers’ Society

RE: Oct. 2020 Salary grid net of Dental and Extended Health

The Division administers the Manitoba Public School Employees Dental and Extended Health Plan as per the Collateral Agreement dated July 1, 2017 for the members of the Pembina Trails Teachers’ 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 October 2020.

STEP

EFFECTIVE October 2020

 

 PREMIUM: $2574

 

0

 $  37,012

 $  41,141

 $  44,943

 $  54,105

 $  57,565

 $  61,746

 $     65,319

1

 $  38,892

 $  43,005

 $  47,393

 $  57,220

 $  60,926

 $  65,015

 $     69,006

2

 $  40,773

 $  45,484

 $  50,526

 $  60,332

 $  64,267

 $  68,521

 $     72,745

3

 $  42,656

 $  47,973

 $  53,650

 $  63,455

 $  67,631

 $  72,069

 $     76,463

4

 $  44,540

 $  50,456

 $  56,784

 $  66,675

 $  70,986

 $  75,617

 $     80,209

5

 $  46,419

 $  52,947

 $  59,914

 $  69,913

 $  74,344

 $  79,166

 $     83,929

6

 $  48,591

 $  56,580

 $  64,325

 $  73,153

 $  77,710

 $  82,715

 $     87,660

7

  

 

 

 $  76,385

 $  81,122

 $  86,269

 $     91,388

8

 

 

 

 $  79,634

 $  84,690

 $  89,830

 $     95,116

9

  

  

 

 $  85,757

 $  90,773

 $  96,558

 $   102,217

Dated at Winnipeg, Manitoba this 28th day of September, 2020

Signed on behalf of the Pembina Trails School Division:

__________________________

Chairperson

__________________________

Secretary – Treasurer

 

Signed on behalf of the Pembina Trails Teachers’ Association:

__________________________

President

__________________________

Vice President – Collective Bargaining

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