MEMORANDUM OF SETTLEMENT
THIS AGREEMENT made as of the 22nd day of December, 2020 (the "Agreement")
BETWEEN:
PORTAGE LA PRAIRIE SCHOOL DIVISION,
(the "Division")
- and -
PORTAGE LA PRAIRIE TEACHERS' ASSOCIATION
of the MANITOBA TEACHERS' SOCIETY,
(the "Association")
WHEREAS:
NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, and for other good and valuable consideration, the receipt and sufficiency is hereby acknowledged by each of the parties hereto, the parties hereby agree as follows:
1. The Association, on a without prejudice basis, hereby withdraws the Morning Grievance, subject to the completion of the parties' respective obligations outlined in this Agreement.
2. The Division agrees that, until such time as the parties enter into a new Collective Agreement or the Collective Agreement is terminated at law, Association members will not be required to attend at their school / place of employment at 8:30 a.m.; rather, Association members will be required to be present and ready to receive students at 8:40 am.
3. For greater certainty, the foregoing does not apply in respect of any Association members required to perform duties assigned and scheduled in advance of 8:40 a.m., including bus duty.
4. The Association members voluntarily performing the walking school bus duties shall receive credits towards extra-curricular activities, in same manner as they have in the past, retroactive to the commencement of the 2020/2021 school year, for the time incurred in performing their duties as the walking school bus.
5. The Division and the Association agree to a form of communication that each party would be free to share with Division employees / Association members, as attached hereto as Appendix "B".
6. This Agreement is entered into on a without precedent basis. To be specific, the Division acknowledges that, by withdrawing the Morning Grievance, and entering into this Agreement, the Association in no way is acknowledging the unilateral right of the Division to set a start time for teachers in the Division at which time they must be in their schools, over and above that which is prescribed by legislation. The Association acknowledges that the Division disagrees with its position in that regard.
7. This Agreement constitutes the entire agreement with respect to the subject matter. The recitals form part of this Agreement and may be relied upon by the parties. Any amendment to this Agreement shall not be valid or binding unless in writing and executed by the parties hereto.
8. The Association specifically undertakes not to file, on its behalf or on behalf of any of its members, a subsequent grievance which is the same or substantially similar to the grievances attached as appendices hereto until such time as the parties enter into a new Collective Agreement or the current Collective Agreement is terminated at law.
9. This Agreement may be executed in counterparts and electronically, and each counterpart shall have the same force and effect as an original and shall constitute an effective, binding agreement on the part of each of the undersigned. The Agreement may be transmitted by facsimile or otherwise.
Signed at PLPSD Division Office, this 5th day of October, 2020.
Portage la Prairie Teachers' Association of the Manitoba Teachers' Society
Per: _____________________
Portage Teachers' Association, President
Signed at PLPSD Division Office, this 5th day of October, 2020.
Portage la Prairie School Division
Per: ______________________
PLPSD School Board Chairperson