[Printable Version]

WINNIPEG TEACHERS' ASSOCIATION

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

THIS AGREEMENT made as of the 19th day of  January A.D., 2016,


BETWEEN:


 THE WINNIPEG SCHOOL DIVISION
 (“Hereinafter referred to as the "Division")
                                                                                                                                OF THE FIRST PART,

   and 


 THE WINNIPEG TEACHERS' ASSOCIATION
 of THE MANITOBA TEACHERS' SOCIETY
 (“Hereinafter referred to as the "Association")
                                                                                                                                      OF THE SECOND PART.

 

 

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SECTION A - GOVERNANCE

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1. PURPOSE

It is the intention and purpose of the parties to this Agreement to promote peace and harmony to improve the working relations between the Division and the members of the Association, to establish acceptable provisions to facilitate the peaceful adjustment of all grievances and disputes between the parties and to provide a basis for both parties to improve the professional services rendered to the taxpayers and the students of The Winnipeg School Division.

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2. BARGAINING AGENT

The Division recognizes the Association as the sole bargaining agent for all teachers in the employ of The Winnipeg School Division.

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3. DURATION OF AGREEMENT

Subject to the provisions of the schedules herein mentioned, this Agreement shall come into force and take effect from the first day of July, A.D. 2014 and shall remain in full force until June 30th, 2018 and shall, thereafter, continue in effect from year to year unless either party gives to the other party by registered mail, notice of its intention to terminate or seek amendment of this Agreement.  This notice shall be given during the month of April prior to the date of expiry of the term of the Agreement.  If the parties to the Agreement mutually agree to commence negotiations before April in the year the Collective Agreement expires, notice to begin collective bargaining for all purposes of the Public Schools Act and this Collective Agreement is conclusively deemed to have been given on April 1st in that year.

During negotiations for renewal or amendment, the parties may agree to extend this Agreement for a specified length of time, but not indefinitely.  Should the negotiations extend beyond the then current calendar year, or beyond a specified date agreed upon, either party may terminate this Agreement at any time upon thirty (30) days' notice by registered mail to the other party.  When the extended negotiations are completed the amended Collective Agreement shall be effective on the day following the expiry date of the previous Collective Agreement, except where stated otherwise.

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4. APPLICABILITY OF REGULATIONS, BY-LAWS, AND CODE OF RULES

This Agreement is made subject to the provisions of The Public Schools Act, The Education Administration Act and other applicable acts and the regulations made thereunder.  Except as hereinafter provided, the regulations, By laws and Code of Rules shall remain in force during the term of this Agreement and it is understood and agreed that no changes shall be made in forms of such agreements or in the said regulations or By laws or in the Code of Rules of the Division which affect the terms or conditions of employment of teachers by the Division except by agreement of the parties hereto and subject to the approval of the Minister under The Public Schools Act, if such approval is required.

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5. INDIVIDUAL TEACHER'S CONTRACT

5.01 (a) Each permanent teacher or clinician employed by the Division shall be required to execute a Teacher’s Contract in the form attached hereto as Schedule "C".

        (b) Each teacher or clinician employed for a specific period of time exceeding twenty (20) days in a position or on an assignment shall be required to execute a teacher's contract in the form attached hereto as Schedule "D".

5.02 Teachers employed by the Division under individual teacher contracts prior to December 18, 2004, shall be deemed to have signed the appropriate form of individual teacher contract under Article 5.01.

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6. DEDUCTION OF FEES

6.01  Deduction of Winnipeg Teachers' Association Fees

(a) All employees of the Division who receive the benefit of this Collective Agreement shall be required, as a term of their employment to pay the annual fees of the Association.

(b) Such fees shall be deducted from the salary payable to each such employee in the month of September.
    
     (i) If an employee shall come on staff subsequent to the first day of September, in any year, such fee shall be deducted from the employee's salary next payable.

     (ii) If the amount of salary earned by an employee in any pay period during the school year is such that the Association fee would be greater than ten percent (10%) of the employee's earnings then the Division will deduct an amount not in excess of ten percent (10%) of the actual salary earned by the employee.
  
     (iii) Should there be any error in the deduction made, the balance shall be adjusted between the parties hereto within thirty (30) days of the discovery of such error.

(c)  Forthwith after the making of such deductions, the Division shall remit them to the Association.

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

(e)  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 legal action arising from the deduction of Association 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.

(f)  The Association shall notify the Division in writing by the end of June of any changes in the annual fees of the Association.  Any such change shall be effective the following September.

 6.02 Deduction of Manitoba Teachers' Society Fees

(a) (i) All employees eligible for membership in The Manitoba Teachers' Society except those referred to in (ii) and who receive the benefits of this Collective Agreement shall be required, as a term of their employment, to pay the annual fees of The Manitoba Teachers' Society.

     (ii) Employees covered by Articles 13, 16.01 and 16.02 shall not have Manitoba Teachers' Society fees deducted except those teachers employed in the Adult English Additional Language Day Program.

(b)  Such fees shall be deducted from the salary payable to each such employee in eighteen approximately equal amounts in the months of October through June, in each year, provided:

     (i) If an employee shall come on staff subsequent to the first day of September, in any year, such fee shall be deducted pro rata beginning with the first full month of employment.

     (ii) If the amount of salary earned by an employee in any pay period during the school year is such that The Manitoba Teachers' Society fee would be greater than ten percent (10%) of the employee's earnings then the Division will deduct an amount not in excess of ten percent (10%) of the actual salary earned by the employee.

     (iii) Should there be any error in the deduction made, the balance shall be adjusted between the parties hereto within thirty (30) days of the discovery of such error.

(c)  Forthwith after the making of such deductions, the Division shall remit them to The Manitoba Teachers’ Society.

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

 (e)  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 legal action arising from the deduction of The Manitoba Teachers' 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.

(f)  The Association shall notify the Division in writing by the end of June of any changes in the annual fees of The Manitoba Teachers' Society.  Any such change shall be effective the following October.

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7. SINGULAR/PLURAL

Wherever the singular is used throughout this Agreement, the same shall be construed as meaning the plural where the context or the parties hereto so require.

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8. PROVISIONS FOR SETTLEMENT OF DISPUTES DURING CURRENCY OF AGREEMENT

8.01 Committee on Adjustments

At the request of either of the parties hereto, any question of interpretation or application of the provisions of this Agreement may be referred to the Committee on Adjustments which shall consist of two (2) representatives from the Division, appointed by the Chief Superintendent, and two (2) representatives appointed by the Association.  Both parties may have additional persons in attendance.

  8.02 Grievance Procedure

Where there is a difference between the parties to, or persons bound by the Agreement or on whose behalf it was entered into, concerning its content, meaning, application or violation, the aggrieved party shall, within thirty five (35) teaching days from the date on which the griever became aware of the event giving rise to the dispute or alleged violation, notify the other party in writing of its desire to have the difference negotiated.  If the dispute or alleged violation is not settled between the parties the griever, after being notified that the grievance is denied, shall within a further thirty (30) teaching days or such time as the parties may mutually agree, refer the dispute to an arbitrator or an arbitration board as herein prescribed.

The notice of difference shall be submitted to the Chief Superintendent and shall contain a summary of the facts which gave rise to the grievance and the name(s) of the employee(s) immediately involved.  The notice of grievance shall reference the clause(s) of the Collective Agreement on which the grievance is based and outline the required corrective measures.  In the case of a policy grievance the notice shall reference the clause(s) of the Collective Agreement on which the grievance is based and outline the required corrective measures.

If a party to the Collective Agreement claims that the time limit imposed under the Collective Agreement has not been complied with, the parties shall proceed to appoint the arbitration board and, if the arbitration board is satisfied that the irregularity with respect to the time limit has not prejudiced the parties to the arbitration and will not affect the merits of the matter submitted to the arbitration board, it may, on application of any party to the arbitration, declare that the irregularity does not affect validity of the decision of the arbitration board; and the declaration is binding on the parties to the arbitration and on any person affected by the decision of the arbitration board.
 
Within ten (10) teaching days of delivery of the written request to settle the difference by arbitration, each party shall nominate one (1) member ready, willing and able to sit on the arbitration board, and the two (2) members so selected shall, within a further period of ten (10) teaching days, nominate a chairperson, ready, willing and able to serve in the capacity of chairperson of the arbitration board.  In the event of the failure of the two (2) first mentioned members of the board to agree upon the selection of a chairperson the matter shall be referred by them to the Manitoba Labour Board who shall choose the chairperson.

PROVIDED THAT:  If the Division and the Association, after delivery of the written request to settle the grievance by arbitration, and before the expiration of the ten (10) teaching days period prescribed for the selection of their respective nominees agree that the difference shall be settled by a single named arbitrator, the arbitrator so selected shall have the like authority as the arbitration board to make a final settlement of the difference, and shall act in the place and stead of the arbitration board.

If the parties elect to follow the procedure entailing the appointment of an arbitration board, then, in the event of any vacancy on the board occurring by reason of death, incapacity or resignation, or for any other reason, such vacancy shall be filled in the same manner as is provided herein for the establishment of the board in the first instance.

PROVIDED THAT:  If the parties elect to utilize the alternative procedure herein provided, namely, the joint selection of a single arbitrator, and if that arbitrator should resign or die before completing the performance of the duties, the parties shall revert with respect to the dispute concerned, to their respective positions as of the date on which the written request to arbitrate the dispute was delivered.

The board of arbitration shall enter upon its duties within ten (10) days after the appointment of the chairperson, unless otherwise mutually agreed upon by the parties, and shall render its decision as soon thereafter as possible.  If the dispute is referred to a single arbitrator, the arbitrator shall enter upon the duties undertaken within ten (10) days after the appointment, unless otherwise mutually agreed by the parties, and shall render a decision as soon thereafter as possible.

The decision of the arbitration board (or of the single arbitrator when the alternative procedure has been invoked) shall be limited to the dispute or question contained in the statement or statements submitted by the parties, and the decision shall not change, add to, vary or disregard any provision of this Agreement.

Decisions of the majority of the members of the arbitration board (or the decision of the single arbitrator) made under the authority of this arbitration clause, shall be final and binding upon the parties to this Collective Agreement and all persons upon whom the Collective Agreement is binding.

If an arbitration board is appointed under the authority of this arbitration clause, the expenses, if any, of the members of the arbitration board shall be paid as follows:  The Association shall pay the fees and expenses of the member chosen by it; the Division shall pay the fees and expenses of the member chosen by it; the fees and expenses of the chairperson shall be divided equally between the Association and the Division.  If, however, the parties elect to follow the alternative procedure, the fees and expenses of the single arbitrator shall be divided equally between the Association and the Division.

Any change or alteration of or addition to or substitution for any of the terms of this Agreement shall be made by negotiation between the Division and the Association.

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SECTION B - DETERMINATION OF SALARY/RATES

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9. SALARY SCHEDULE FOR TEACHERS NOT IN ADMINISTRATIVE POSITIONS

The basic salary schedule and provisions relating thereto shall be as follows:

9.01 Basic Salary Schedule

(a) The following Basic Schedule shall be used to determine the salary entitlement not including allowances, of each teacher, which salary entitlement is hereinafter referred to as "Basic Salary".  The basic salary of each teacher shall be determined on the basis of:

     (i) The individual teacher's class, based on the teacher's qualifications, as determined in accordance with the provisions of this Agreement; and

     (ii) The teacher's total number of years of teaching experience, as determined by the provisions of this Agreement;

and the basic salary of each teacher shall then be the salary shown in the Basic Annual Salary Schedule for such corresponding class and years of teaching experience.

BASIC ANNUAL SALARY SCHEDULE - Effective the 1st day of the fall term, 2014, the following net salary schedule shall be implemented.

Years of Teaching Experience              
             
Class 1 Class 2 Class 3 Class 4 Class 5 Class 6 Class 7
               
0 36,187 40,095 43,408 52,279 56,047 59,350 62,814
1 37,411 41,371 45,458 54,778 58,552 62,393 65,270
2 39,214 43,424 47,251 57,763 61,547 65,389 68,294
3 41,013 45,486 50,123 60,770 64,541 68,382 71,774
4 42,835 47,555 53,133 63,851 67,633 71,404 75,441
5 44,635 49,814 56,142 67,018 70,789 74,772 79,096
6 46,411 53,934 61,459 72,553 73,955 78,306 82,753
7       73,347 77,127 81,834 86,448
8       76,149 80,379 85,361 90,153
9       80,720 85,224 90,348 95,164

 

 

BASIC ANNUAL SALARY SCHEDULE - Effective the 1st day of the fall term, 2015, the following net salary schedule shall be implemented.

Years of Teaching Experience
Class 1 Class 2 Class 3 Class 4 Class 5 Class 6 Class 7
0 36,909 40,897 44,276 53,325 57,168 60,537 64,070
1 38,159 42,199 46,367 55,874 59,723 63,641 66,575
2 39,998 44,292 48,196 58,919 62,778 66,697 69,660
3 41,833 46,396 51,126 61,985 65,831 69,749 73,210
4 43,691 48,506 54,195 65,128 68,986 72,832 76,949
5 45,528 50,810 57,265 68,358 72,205 76,267 80,678
6 47,340 55,012 62,689 71,587 75,434 79,872 84,407
7 74,814 78,669 83,471 88,177
8 77,672 81,986 87,068 91,956
9 82,334 86,929 92,155 97,068

 

 

BASIC ANNUAL SALARY SCHEDULE - Effective the 1st day of the fall term, 2016, the following net salary schedule shall be implemented.

Years of Teaching Experience
Class 1 Class 2 Class 3 Class 4 Class 5 Class 6 Class 7
0 37,647 41,715 45,161 54,392 58,312 61,747 65,352
1 38,922 43,043 47,295 56,992 60,918 64,914 67,906
2 40,798 45,178 49,160 60,097 64,035 68,031 71,053
3 42,670 47,323 52,148 63,224 67,148 71,145 74,674
4 44,565 49,476 55,280 66,430 70,365 74,288 78,488
5 46,439 51,826 58,410 69,726 73,650 77,793 82,291
6 48,287 56,112 63,943 73,018 76,942 81,469 86,096
7       76,310 80,243 85,141 89,940
8       79,225 83,626 88,809 93,795
9       83,981 88,668 93,998 99,009

 

 

BASIC ANNUAL SALARY SCHEDULE - Effective the 1st day of the fall term, 2017, the following net salary schedule shall be implemented.

Years of Teaching Experience
Class 1 Class 2 Class 3 Class 4 Class 5 Class 6 Class 7
0 38,211 42,340 45,839 55,208 59,186 62,674 66,333
1 39,506 43,688 48,004 57,846 61,831 65,888 68,925
2 41,410 45,856 49,897 60,999 64,995 69,051 72,118
3 43,310 48,033 52,930 64,173 68,155 72,212 75,794
4 45,234 50,218 56,109 67,427 71,421 75,402 79,666
5 47,136 52,604 59,287 70,772 74,755 78,960 83,525
6 49,011 56,954 64,902 74,113 78,097 82,692 87,387
7       77,454 81,446 86,417 91,289
8       80,413 84,880 90,141 95,202
9       85,241 89,998 95,408 100,494

 

 

BASIC ANNUAL SALARY SCHEDULE - Effective the 1st day of January, 2018, the following net salary schedule shall be implemented.

Years of Teaching Experience
Class 1 Class 2 Class 3 Class 4 Class 5 Class 6 Class 7
0 38,784 42,976 46,527 56,036 60,074 63,614 67,327
1 40,099 44,343 48,724 58,713 62,759 66,876 69,959
2 42,032 46,544 50,646 61,913 65,969 70,087 73,200
3 43,960 48,753 53,725 65,136 69,177 73,296 76,930
4 45,913 50,971 56,950 68,438 72,492 76,533 80,860
5 47,843 53,393 60,176 71,833 75,876 80,144 84,778
6 49,746 57,809 65,876 75,225 79,268 83,932 88,699
7       78,617 82,668 87,714 92,658
8       81,619 86,153 91,493 96,630
9       86,520 91,348 96,839 102,002

  

 (b) Appendix “A” attached hereto is the salary in effect which includes the dental plan.

9.02 Educational and/or Professional Qualifications Hereinafter Referred to as Qualifications          

Each teacher shall be classified on the basis of Manitoba Teaching Certificates and Qualifications Regulation No. 515/88 as amended to the date hereof, provided:

That a teacher holding a vocational certificate (Industrial) or Letter of Authority to teach the vocational industrial course, shall be placed in Class IV, unless the teacher's qualifications are such as to entitle the teacher to a higher classification.

9.03 Clinicians

Each clinician subject to the provisions of the Collective Agreement and employed by the Division on or after January 1st, 1981, will be classified by the Professional Certification and Student Records Unit of Manitoba Education and Advanced Learning of the Province of Manitoba, and the Division will, if the clinician was hired before January 1st, 1981, continue to recognize the classification assigned to the clinician by the Division notwithstanding the classification may not be the same as the classification assigned by the said Professional Certification and Student Records Unit.  Clinicians employed by the Division prior to January 1st, 1981 who improve their qualifications after December 31st, 1980 will not receive recognition from the Division for the improved qualifications until the improved qualifications exceed the qualifications for the classification already assigned by the Division and then only if the qualifications are recognized by the Professional Certification and Student Records Unit as being sufficient to qualify for a change in classification.

9.04 Teaching Experience

(a) The term "teaching experience" where used in this Agreement unless the context expressly provides otherwise, shall mean the aggregate of:

      (i) Years of teaching experience before the effective date of the individual teacher's contract with the Division referred to in Article 5 of this Agreement, and

      (ii) Years of teaching experience as a member of the staff of the Division from the effective date of the individual teacher's contract until the date the teacher's employment is terminated except as otherwise provided herein, and
     
      (iii) Years of teaching experience, recognized by Manitoba Education and Advanced Learning while on leave of absence from the Division.

(b) The following shall be included in determining the aggregate number of years and fraction of years of teaching experience before the effective date of the individual teacher's contract with the Division:

      (i) The years and fraction of years of teaching experience as determined by Manitoba Education and Advanced Learning; and

      (ii) The periods of Sabbatical Leave from the Winnipeg Staff; and

      (iii) For those teachers who teach Vocational Industrial Education, the length of work experience after qualification in the trade for a period of up to five (5) years for teachers holding a certificate in Vocational Industrial Education or a Letter of Authority for vocational industrial subjects.

      (iv) For those teachers who teach Vocational Industrial Education, in non-trade areas, a period of up to three (3) years shall be recognized for related experience achieved by the teacher after becoming qualified in the area in which they are employed by virtue of having served a recognized apprenticeship or having completed recognized training acceptable to the Division.  In coming to a conclusion that related experience and acceptable training will or will not be recognized the Division shall take into account all relevant factors and shall act reasonably and fairly having regard to all circumstances made known by the teacher prior to the Division determining salary entitlement.

(c) The following provisions shall apply in determining the aggregate number of years and fraction of years of teaching experience after the effective date of the individual teacher's contract with the Division:

      (i) A year of teaching experience on the Winnipeg Staff which shall include teaching experience recognized by Manitoba Education and Advanced Learning (including Maternity Leave as recognized by the Department) for teaching experience purposes while on leave of absence from the Division, shall mean ten (10) teaching months or each two hundred (200) teaching days, as the case may be, and shall include any period of Sabbatical Leave, except that every twenty (20) days of absence from service without salary in any school year after the effective date of the individual teacher's contract shall be counted as one (1) month of absence.  An absence from service without salary for a period in aggregate of less than twenty (20) days in any school year shall not be taken into account.

     e.g.  -   1 to 19 days equals no absence;
            - 20 to 39 days equals one (1) month's absence;
            - 40 to 59 days equals two (2) month’s absence; and so on.

    (ii) In the case of part time teachers referred to in Article 9.06 of this Agreement a year of teaching experience shall mean two hundred (200) teaching days in aggregate.

     e.g. - two (2) one half (½) teaching days of paid service equals one (1) teaching day.
           - twenty (20) teaching days of paid service equals one (1) teaching month.
           - five (5) months of paid service equals one half (½) of a school year.

9.05   Method of Determining Basic Salary Entitlement

(a) Application of Retroactive Salary Adjustments

The salary adjustments retroactive to the effective date of this Agreement shall be paid to any teacher who has left the service or who has been granted leave of absence since that date and prior to the date this Collective Agreement is executed as follows:

     (i) to the estate of a teacher who has died;
     (ii) to a teacher who is retired on pension;
     (iii) to a teacher who has been granted leave of absence;
     (iv) to a teacher who has resigned.

In the case of 9.05(a) (iii) and (iv) entitlement to retroactive salary shall cease one (1) year after being notified by the Division at the teacher's last known address.

The Division shall provide the Association the names of all teachers whose cheques are returned when mailed to the last-known address.

(b) Increments

The basic salary of a teacher shall on completion of each year of teaching experience, be increased by an increment as indicated in the Basic Salary Schedule until the teacher has reached the maximum salary for the class.  If the years of teaching experience before the effective date of the teacher's individual contract are expressed by a whole number plus a half, the half year shall be considered to be five (5) months of teaching experience on the Winnipeg Staff for the purpose of determining the date for payment of the first increment.

For the purpose of this subsection the date that the increment becomes payable on the completion of a year of teaching experience as provided in Article 9.04 hereof, shall be as follows:

    (i) If the year's experience is completed between the 1st and 15th day inclusive of the month, the increment shall be paid on the 1st of that month;

    (ii) If the year's experience is completed between the 16th and the last day inclusive of the month, the increment shall be paid on the 1st day of the next succeeding month;

    (iii) If the completion of the year's experience falls on any day between July 1st and August 31st inclusive in any year, the increment shall be paid on the 1st day of September of that year; provided that notwithstanding any other provisions contained in this Agreement, any teacher, the effective date of whose individual teacher's contract is a date between December 16th to 31st inclusive or January 1st to 15th inclusive, shall not receive an increment before the first day of September next following.

(c) Reclassification Due to Additional Qualifications

     (i) A teacher, whose qualifications are improved and as a result of those improved qualifications is entitled by virtue of the application of Article 9.02 of this Collective Agreement to a higher class, shall be paid a basic salary determined as follows:  the basic salary for the new class and the years of teaching experience of the teacher provided the following conditions apply:

        (1) The teacher has provided the Division, by registered mail, or other form, receipt of which has been acknowledged in writing by the Division, with evidence of successful completion of studies which would result in a change of classification, and

        (2) The teacher has provided evidence to the Division that the request for change in classification has been made to Manitoba Education and Advanced Learning.

        (3) When the Division has received notification from Professional Certification and Student Records Unit, Manitoba Education and Advanced Learning, confirming a teacher’s change in classification, the teacher so affected shall receive such payment effective from the first day of the month following the notification period listed in (a) and (b) above.  In cases where there is a difference in notification dates between (a) and (b) above then the later of the dates shall be used for the purposes of a salary change to a new classification.

     NOTE: For (a) evidence shall be the copy of confirmation of successful completion of courses from the appropriate educational institution.
 
                  For (b) evidence shall be the verification of the date confirmation of successful completion of courses was submitted to the Professional Certification and Student Records Unit, Manitoba Education and Advanced Learning.

    (ii)  Notwithstanding the foregoing, the following time lines will apply when evidence of entitlement to reclassification due to additional qualifications is filed:

       - Where evidence of entitlement to reclassification due to qualifications is obtained prior to September 1st in any year and is filed by the teacher in September or October that year, the teacher shall be entitled to reclassification as and from September 1st of that year.

      - Where evidence of entitlement to reclassification due to additional qualifications obtained prior to June 1st is filed by July 31st, payment of the change in salary shall be made retroactive to June 1st of that year.

      - Where evidence of entitlement to reclassification due to additional qualifications obtained prior to January 1st is filed by the last teaching day of February, payment of the change of salary shall be retroactive to January 1st of that year.

The onus is on the teacher to provide evidence of his/her qualifications and experience to Manitoba Education and Advanced Learning and the Division.

(d) Reclassification Due to a Change in Evaluation or a Re-evaluation of Qualifications                   

A teacher who is entitled to a higher classification due to a change in evaluation or a re-evaluation of the teacher's qualifications, shall be paid from the effective date the Professional Certification and Student Records Unit of Manitoba Education and Advanced Learning approves such change in classification, a basic salary as determined in Article 9.05 (c) provided, however, that in no case shall the effective date of the new salary rate be more than one (1) year prior to the first day of the month in which the Division is notified by the teacher or Manitoba Education and Advanced Learning of the change in classification.

(e) Placement of Teachers of Vocational Subjects

On initial engagement teachers holding a vocational certificate in vocational subjects or Letters of Authority in vocational subjects, may at the discretion of the School Division be advanced up to two (2) increments on the applicable basic salary schedule above the applicable initial salary at which point they will remain until they are entitled to the second or third increment as the case may be, after which they will begin regular progress on the Basic Schedule.

9.06 Part time Teachers and Pro Rata of Allowance

(a) The Basic Salary of each teacher employed under contract on a part time basis shall be pro rata of the applicable annual schedule rate and shall be governed by the same provisions as the salary of any other teacher covered by this Agreement inclusive of vacation pay.

(b) Pro Rata of Allowance

Where an employee is not assigned to a position on a full-time basis, then the allowance or applicable rate of pay for that position will be prorated for the amount of time the employee is assigned, on a daily basis, to that position.

(c) Part time teachers who participate in professional development activities, school opening administration day, and parent-teacher interviews during the instructional school day when requested by the Principal and approved by the Superintendent shall receive per diem or portion thereof for time spent over and above their regularly scheduled teaching time during the instructional school day.  Time in lieu of compensation may be given if mutually agreed upon between the teacher and the Principal.

9.07 Payment of Salaries

Effective September 1, 2010, notwithstanding any other provision of the Collective Agreement, the annual salary rates payable to all employees covered by this Collective Agreement will be payable for the portion or portions of each school year in any given calendar year on the basis of one-twenty-fourth (1/24th) of the annual salary rate payable for each of the months of September to August inclusive. Any subsequent adjustment payable under this clause, or related to termination of service, will be paid in accordance with this article.

     Except as may be provided for elsewhere in this Agreement, teachers will be paid on the following basis:

          (i)Those teachers who teach the full school year, will be paid on the basis of twenty-four (24) more or less equal installments, less deduction at one two-hundredth (1/200th) for any days for which salary is not payable, each installment to be payable on or before the 15th and on the last banking day of each of the months of September to August, both inclusive;

          (ii) Those teachers who teach only the fall term or portion thereof, will be paid on the basis of one-twenty-fourth (1/24th) of the applicable annual salary rate for each full semi-monthly period, or a portion of one-twenty fourth (1/24th) of the applicable annual salary rate for the portion or percentage of each semi-monthly period taught. For each month the teacher is employed in the months of September to December, one-twenty fourth (1/24th) of the annual salary or portion thereof will be payable on or before the 15th and the last banking day of the month and a final adjustment will be payable based on the following formula:
 
 Number of equivalent full days taught in Fall Term   -   Number of equivalent full days previously paid for Fall Term   X  Annual Salary Rate for Fall Term
                                            Number of teaching days in school year 

           (iii) Those teachers who teach the full school year and whose contract is amended to change the percentage of time taught during the school year will be paid on the basis of twenty-four (24) more or less equal installments each payable on or before the 15th and on the last banking day in each of the months of September to August and a final adjustment payable on the basis of the following formula, provided that the teacher has service for a portion of the Spring Term for which salary is payable:

 Number of equivalent full days taught in school year   -  Number of equivalent full days previously paid for school year    X  Annual Salary Rate for Spring Term
                                            Number of teaching days in school year 

           (iv) A teacher who does not teach the full school year (September to June) but continues to be employed by the Division to the end of the then current school year, following a leave of absence for maternity, will be deducted for any absence during the maternity leave at the rate of one two-hundredth (1/200th) of annual salary for each day of absence.

           (v) A teacher who does not teach a full school year (September to June), or is employed on a limited term contract shall be paid a salary based on one-twelfth (1/12th) of the annual salary for each full month of service and a portion of one-twelfth (1/12th) of the annual salary for each portion or percentage of a month of service. These payments shall be made in two (2) more or less equal parts on the15th and on the last banking day of the month.

At the conclusion of the limited term contract or period of employment the teacher shall be paid a final adjustment in accordance with the formula in 9.07 (ii) if the teacher has worked only in the Fall Term or 9.07(iii) if the teacher has service for a portion of the Spring Term for which salary is payable.

         (vi) For the purpose of calculations in Clause 9.07 (ii) and (iii), number of equivalent full days previously paid for Fall Term or School Year will be calculated by dividing the salary paid for the period by the daily rate of pay calculated by dividing the annual salary rate on the last day worked by the number of teaching days in the school year.

 9.08 Direct Deposit of Salaries

         (i) The Division shall only be required to deposit the salary funds to one designated financial institution per teacher.  For purposes of clarity, a teacher will not be allowed to designate a certain portion of their funds be paid to one financial institution and the balance to another.

         (ii) Any administrative costs in future changes to a designated financial institution shall be borne by the member of the Association who requests such a change.

        (iii) Individual members shall not have the right to request exemptions from having their salaries so deposited.

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[View Article]

10. SALARY SCHEDULE FOR PRINCIPALS AND VICE-PRINCIPALS

10.01  Salary Schedules

(a) Salary Schedule for Principals

Annual Salary Effective 1st day of fall term, 2014

Class Description of Position Minimum Step 2 Step 3 Maximum
I Principal - enrolment up to 225 89,241 94,770 100,300 105,828
II Principal - enrolment 226 - 450 94,191 99,882 105,573 111,264
III Principal - enrolment 451 - 675 99,137 104,987 110,842 116,697
IV Principal - enrolment 676 - 1,000 104,081 110,120 116,160 122,198
V Principal - enrolment over 1,000 109,029 115,748 122,465 129,184

 

Annual Salary Effective 1st day of fall term, 2015

Class Description of Position Minimum Step 2 Step 3 Maximum
I Principal - enrolment up to 225 91,026 96,665 102,306 107,945
II Principal - enrolment 226 - 450 96,075 101,880 107,684 113,489
III Principal - enrolment 451 - 675 101,120 107,086 113,059 119,030
IV Principal - enrolment 676 - 1,000 106,163 112,323 118,483 124,642
V Principal - enrolment over 1,000 111,210 118,063 124,914 131,768

 

Annual Salary Effective 1st day of fall term, 2016

Class Description of Position Minimum Step 2 Step 3 Maximum
I Principal - enrolment up to 225 92,847 98,598 104,352 110,104
II Principal - enrolment 226 - 450 97,996 103,917 109,838 115,758
III Principal - enrolment 451 - 675 103,143 109,228 115,320 121,411
IV Principal - enrolment 676 - 1,000 108,286 114,569 120,853 127,136
V Principal - enrolment over 1,000 113,434 120,424 127,412 134,404

 

Annual Salary Effective 1st day of fall term, 2017 

Class Description of Position Minimum Step 2 Step 3 Maximum
I Principal - enrolment up to 225 94,240 100,077 105,917 111,755
II Principal - enrolment 226 - 450 99,466 105,476 111,486 117,495
III Principal - enrolment 451 - 675 104,690 110,867 117,050 123,232
IV Principal - enrolment 676 - 1,000 109,910 116,288 122,666 129,043
V Principal - enrolment over 1,000 115,135 122,231 129,323 136,419

 

 Annual Salary Effective 1st day of January, 2018

Class Description of Position Minimum Step 2 Step 3 Maximum
I Principal - enrolment up to 225 95,654 101,578 107,506 113,432
II Principal - enrolment 226 - 450 100,958 107,059 113,158 119,257
III Principal - enrolment 451 - 675 106,260 112,530 118,805 125,080
IV Principal - enrolment 676 - 1,000 111,559 118,033 124,506 130,979
V Principal - enrolment over 1,000 116,861 124,064 131,263 138,466

 

As long as the administrator of the Diagnostic Learning Centre is both a principal of the host school and administrator of the Centre he/she shall receive an additional allowance of $5,429.00 the first day of the fall term 2014, and $5,538.00 the first day of the fall term, 2015, and $5,649.00 the first day of the fall term 2016, and $5,734.00 the first day of the fall term 2017, and $5,820.00 the first day of January, 2018.

(b) Salary Schedule for Vice Principals

Annual Salary Effective 1st day of fall term, 2014 
 
Class Description of Position Minimum Step 2 Step 3 Maximum
A Teaching Vice-Principal  82,813 88,572 94,329 100,087
B Supervising Vice-Principal  89,240 93,980 98,720 103,459
C Supervising Vice-Principal 94,191 99,247 104,302 109,358

Annual Salary Effective 1st day of fall term, 2015

Class Description of Position Minimum Step 2 Step 3 Maximum
A Teaching Vice-Principal  84,470 90,343 96,215 102,089
B Supervising Vice-Principal  91,025 95,860 100,695 105,528
C Supervising Vice-Principal 96,075 101,232 106,388 111,545

Annual Salary Effective 1st day of fall term, 2016

Class Description of Position Minimum Step 2 Step 3 Maximum
A Teaching Vice-Principal  86,159 92,150 98,139 104,130
B Supervising Vice-Principal  92,846 97,777 102,708 107,639
C Supervising Vice-Principal 97,996 103,257 108,515 113,776

Annual Salary Effective 1st day of fall term, 2017

Class Description of Position Minimum Step 2 Step 3 Maximum
A Teaching Vice-Principal  87,451 93,532 99,611 105,692
B Supervising Vice-Principal  94,238 99,243 104,249 109,253
C Supervising Vice-Principal 99,466 104,806 110,143 115,483

Annual Salary Effective 1st day of January, 2018

Class Description of Position Minimum Step 2 Step 3 Maximum
A Teaching Vice-Principal  88,763 94,935 101,105 107,278
B Supervising Vice-Principal  95,652 100,732 105,813 110,892
C Supervising Vice-Principal 100,958 106,378 111,795 117,216

A vice-principal will be assigned to Lord Roberts so long as the Ellen Douglas program is assigned to that school and shall be designated as a Class B Supervising Vice Principal.

The vice principals of the Adult Education Centre shall be designated as Class "C" supervising vice principals.  In the event that the responsibility for the Adult English as an Additional Language program is removed from the designated supervising vice principal position, then that position will be reclassified to Class "B".

10.02 Provisions Governing the Application of the Salary Schedules Set Forth in Article 10.01 (a) and (b) shall be as follows:

(a) Initial Salary and Increments for Principals and Vice-Principals

     (i) Upon first appointment to an administrative position a teacher shall be placed on the appropriate salary scale at a step which provides for a minimum increase of $7,009.00 effective the first day of the fall term 2014, and $7,149.00 effective the first day of fall term, 2015 and $7,293.00 effective the first day of the fall term 2016, and $7,402.00 effective the first day of the fall term 2017, and $7,514.00 effective the first day of January 2018 (unless limited by the maximum for the position), or the minimum for the position, whichever will be greater.
 
    (ii) The Division will upon initial appointment of a person referred to in Article 10.01(a) and (b) pay an initial starting salary which is the greater of the salary determined in Article 10.02(a)(i) or the minimum for the position plus an amount equal to one (1) annual increment, except as may be limited by the maximum for the position, for each year of administrative or supervisory experience obtained in the seven (7) years immediately prior to the effective date of the initial appointment.

    (iii) On the promotion of a principal or vice-principal from one (1) classification to another or the upward reclassification of a school, a promotional increment shall be paid except as limited by the maximum of the new classification.

    (iv) Principal and Vice-Principal promotion:

Upon promotion, an employee shall receive a salary within the salary range applicable to her new school classification, which provides an increase of at least 5% of her former salary.

(b)  Classification of Schools

      (i) For the purpose of classifying schools, the following shall be used to determine the enrolment:

           (a) Each pupil enrolled in a day program shall be counted as one (1).

           (b) Each junior high pupil accommodated at another junior high, junior/senior, or senior high school for industrial arts or home economics shall be counted at .08 at the receiving school.

           (c) Each pupil enrolled in a summer or evening program administered by the Adult Education Centre, shall be counted as one quarter (¼).

     (ii)  (a) Schools shall be classified annually on June 1st to be effective September 1st following on the basis of the average enrolment during the current school year as determined by this clause.

           (b) Upon the recommendation of the Chief Superintendent a school may remain in its existing classification for a period not to exceed one (1) year if the average attendance figures are in a range of plus or minus twenty five (25) of the previous classification even though the average figures may warrant a different classification.

          (c) If there is an anticipated significant enrolment change in a school then the school may be classified on the basis of the projected enrolment rather than the previous year's average enrolment upon the recommendation of the Chief Superintendent.

(c) Establishment of Principalships and Vice Principalships

Principals and vice principals shall be appointed in accordance with the following rules.  All appointments made in accordance with the rules below shall be subject to the provisions of Article 10.02(b)(ii):

    (i) All principalships shall be full time supervising principals except when the population of the school is 110 (+/ 10) at which point the principal shall have a minimum of half time for school administration with the remaining time to be assigned by the Division.

    (ii) A teaching vice principal shall be relieved of classroom duties for a minimum of one half (½) time.

    (iii) An "A" vice principal shall be appointed when the student enrolment is 350 to 650 inclusive.

    (iv) A "B" vice principal shall be appointed when the student enrolment is 651 to 900 inclusive.

    (v) In addition to a "B" vice-principal an "A" vice principal shall be appointed when the student enrolment is 901 to 1175 inclusive.

    (vi) In addition to a "B" vice principal a second "B" vice principal shall be appointed when the student enrolment is 1176 to 1325 inclusive.

    (vii) Two "C" vice-principals shall be appointed when the enrolment is 1326 to 1475 inclusive.

    (viii) In addition to two "C" vice principals, an "A" vice principal shall be appointed when the enrolment exceeds 1475.

    (ix) Notwithstanding the above, the Division may, at its discretion, appoint a Vice-Principal in excess of the rules as outlined in this article. The Division shall notify the Association of its intention to exercise this discretion.

(d)  Reclassification of Principals and Vice Principals

      (i) Principals and vice principals of schools which are reclassified to a lower classification will maintain the salary level of the former classification of the school for a period of two (2) school years.  During this period of time, efforts would be made by the individual and the Division to provide reassignment to a position at the same or higher level of classification as the incumbent's current classification.  If no reassignment has occurred by the end of the two (2) year period, the incumbent's salary level shall remain constant until the salary level of the new classification has been reached.

      (ii) Transfers of administrative personnel to a lower classification, when initiated by the Division, for reason other than demotion shall not result in a decrease in salary and Clause 10.02(d)(i) shall not apply.

(e)  Administrative Replacements

      (i) The Division will normally fill administrative vacancies occurring during the school term as soon as possible.

      (ii) Except in the case of vacancies occurring during the last three (3) months of the school term  the Division will normally fill administrative vacancies by making permanent replacement within two (2) months of the vacancy occurring.

      (iii) In the event that the Division proposes to follow a different course of action than set forth above the Division shall consult with the Association before naming a replacement.

[View Clause]
[View Article]

11. SALARY SCHEDULE FOR SERVICE DIRECTOR (SPECIAL EDUCATION), AREA SERVICE DIRECTOR, CLINICAL SERVICES DIRECTOR

11.01  Salary Schedules

Annual Salary effective the 1st day of the fall term, 2014

Classification Minimum Step 2 Step 3 Maximum
(a) Service Director (Special Education) $89,326 $96,500 $103,673 $110,847
(b) Area Service Directors - Child Guidance Clinic 87,454 95,058 102,659 110,261
(c)  Clinical Service Director 99,075 104,987 110,842 116,697

Annual Salary effective the 1st day of the fall term, 2015

Classification Minimum Step 2 Step 3 Maximum
(a) Service Director (Special Education) $91,113 $98,430 $105,746 $113,064
(b) Area Service Directors - Child Guidance Clinic 89,204 96,959 104,712 112,467
(c)  Clinical Service Director 101,057 107,086 113,059 119,030

Annual Salary effective the 1st day of the fall term, 2016

Classification Minimum Step 2 Step 3 Maximum
(a) Service Director (Special Education) $92,935 $100,399 $107,861 $115,325
(b) Area Service Directors - Child Guidance Clinic 90,988 98,898 106,807 114,716
(c)  Clinical Service Director 103,077 109,228 115,320 121,411

Annual Salary effective the 1st day of the fall term, 2017

Classification Minimum Step 2 Step 3 Maximum
(a) Service Director (Special Education) $94,330 $101,904 $109,479 $117,055
(b) Area Service Directors - Child Guidance Clinic 92,352 100,381 108,409 116,437
(c)  Clinical Service Director 104,624 110,867 117,050 123,232

Annual Salary effective the 1st day of January, 2018

Classification Minimum Step 2 Step 3 Maximum
(a) Service Director (Special Education) $95,744 $103,433 $111,121 $118,811
(b) Area Service Directors - Child Guidance Clinic 93,738 101,887 110,036 118,184
(c)  Clinical Service Director 106,193 112,530 118,805 125,080

11.02  Provisions Governing the Application of the Salary Schedule Set Forth in Article 11.01 (a), (b), (c) shall be as follows:

(a)  Initial Salary and Increments for Service Director (Special Education) and Area Service Directors 

      (i) Upon first appointment to the position of Service Director (Special Education) or Area Service Director, a teacher shall be placed on the salary scale at a step which provides for a minimum increase of $7,009.00 effective the first day of fall term 2014, and $7,149.00 effective first day of the fall term, 2015, and $7,293.00 effective the first day of the fall term 2016, and $7,402.00 effective the first day of the fall term 2017, and $7,514.00 effective the first day of January, 2018 (unless limited by the maximum for the position) or the minimum for the position whichever shall be the greater.

      (ii) The Division will upon initial appointment of a person to the position of Service Director (Special Education) or Area Service Director pay an initial starting salary which is the greater of the salary determined in Article 11.02(a)(i) or the minimum for the position plus an amount equal to one (1) annual increment, except as may be limited by the maximum for the position, for each year of administrative or supervisory experience obtained in the seven (7) years immediately prior to the effective date of the initial appointment.

(b) Work Year for Service Director (Special Education) and Area Service Directors

As a condition of employment, the Service Director (Special Education) and Area Service Directors shall be required to work one (1) month in addition to the standard school year as defined in Article 22.01(a).  Notwithstanding the foregoing, the Service Director (Special Education) and Area Service Directors may be required to work at times during Standard Vacations as defined in Article 22.01(c) but in no case shall they be required to work a number of days in any calendar year greater than the total equivalent to the standard school year plus one (1) month, with the proviso that extra time given to complete professional responsibilities or for occasional professional development activities shall not be taken into account as being part of the additional one (1) month to be worked.

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12. SALARY SCHEDULE FOR DISCIPLINE SUPERVISOR

Annual Salary effective the 1st day of the fall term, 2015

     Classification                 Step 1       Step 2       Step 3       Step 4
(a) Discipline Supervisor     $85,232    $89,718    $94,440    $99,411
 
Annual Salary effective the 1st day of the fall term, 2016

     Classification                 Step 1        Step 2       Step 3        Step 4
(a) Discipline Supervisor    $86.937     $91,513     $96,329     $101,399

Annual Salary effective the 1st day of the fall term, 2017

     Classification                  Step 1        Step 2       Step 3       Step 4
(a) Discipline Supervisor      $88,242     $92,885    $97,773    $102,921

Annual Salary effective the 1st day of January, 2018

     Classification                  Step 1        Step 2       Step 3       Step 4
(a) Discipline Supervisor      $89,565     $94,278    $99,239    $104,465

[View Clause]
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13. SALARIES FOR PRINCIPAL, VICE-PRINCIPAL AND ADMINISTRATIVE POSITIONS

In the event that an anomaly arises with respect to the salary of a teacher in an administrative position as a result of the application of Articles 10 and 11, the parties hereto agree to deal with such anomaly with a view to eliminating same as from the date it occurred.

This shall be done at any time during the currency of this Agreement notwithstanding anything to the contrary contained herein.

[View Clause]
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14. SALARY SCHEDULE FOR CONSULTANTS

14.01 Salary Schedules

Annual Salary effective the 1st day of the fall term 2014
Classification Minimum Step 2 Step 3 Maximum
Consultants 80,719 88,336 95,958 103,579
Annual Salary effective the 1st day of fall term, 2015
Classification Minimum Step 2 Step 3 Maximum
Consultants 82,333 90,104 97,877 105,651
Annual Salary effective the 1st day of the fall term, 2016
Classification Minimum Step 2 Step 3 Maximum
Consultants 83,980 91,905 99,834 107,764
Annual Salary effective the 1st day of the fall term, 2017
Classification Minimum Step 2 Step 3 Maximum
Consultants 85,240 93,284 101,332 109,380
Annual Salary effective the 1st day of January, 2018
Classification Minimum Step 2 Step 3 Maximum
Consultants 86,519 94,683 102,852 111,021

14.02  Provisions Governing the Application of the Salary Schedule Set Forth in Article 13.01 shall be as follows:

(a) Initial Salary and Increments for Consultants

     (i) Upon first appointment to a consultant position a teacher shall be placed on the salary scale at a step which provides for a minimum increase of $7,009.00 effective the first day of fall term 2014, and $7,149.00 effective first day of the fall term, 2015, and $7,293.00 effective the first day of the fall term 2016, and $7,402.00 effective the first day of the fall term 2017, and $7,514.00 effective the first day of January, 2018 (unless limited by the maximum for the position) or the minimum for the position whichever shall be the greater.

     (ii)  The Division will upon initial appointment of a person referred to in Article 13.02(a)(i) pay an initial starting salary which is the greater of the salary determined in Article 13.02(a)(i) or the minimum for the position plus an amount equal to one (1) annual increment, except as may be limited by the maximum for the position, for each year of consultant experience obtained in the seven (7) years immediately prior to the effective date of the initial appointment.

     (iii)  In the case of a person who is not a teacher within the meaning of the Public Schools Act and who is appointed a consultant, the Division may pay any mutually agreed salary to that person provided that:

           1. There shall be notification to and discussion with the Association; and

           2. The employment of such persons will be governed by all applicable terms and conditions set out
 in the Collective Agreement.

     (iv) A principal or vice-principal appointed as a consultant will receive the salary for a consultant on the basis of their appointment to a consultant position as established in Article 13.01.  Principals or vice-principals, on the termination of their appointment as a consultant, will return to a position with the Division at the same salary and benefits as a principal or vice-principal would be entitled to receive, had they remained in the position immediately prior to their appointment as a consultant.

    (v) A person who is appointed as a part-time consultant will be paid a salary equal to the amount they would receive under Article 13.01 prorated for the amount of time they are assigned as a consultant.  A consultant will, if appointed to a position covered by this Collective Agreement and which is not that of a consultant, receive the salary for that position to which they are appointed prorated for the amount of time they are assigned.  The Division will provide such additional assistance as may be agreed to between the Division and a principal or vice-principal while they are acting as a consultant on a part-time basis.  The Division shall notify the Association of the arrangement made between the Division and a principal or vice-principal as the case may be.

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[View Article]

15. SALARY SCHEDULE FOR LABORATORY ASSISTANTS

15.01 Salary Schedule

Annual Salary Schedule - Effective the 1st day of fall term, 2014

Years of Winnipeg Experience Less than 1st year from an accredited University or Community College recognized by Manitoba Education and Advanced Learning 1st year from an accredited University or Community College recognized by Manitoba Education and Advanced Learning 2nd year from an accredited University or Community College recognized by Manitoba Education and Advanced Learning
Bachelor's Degree from a University in Manitoba or equivalent or higher

0

 

$31,394

 

$33,514

 

$35,620

 

$39,146

 

 

 

 

 

 

 

 

 

1

 

32,802

 

34,911

 

37,014

 

40,909

 

 

 

 

 

 

 

 

 

2

 

34,196

 

36,304

 

38,434

 

42,649

 

 

 

 

 

 

 

 

 

3

 

35,620

 

37,731

 

39,831

 

44,405

 

 

 

 

 

 

 

 

 

4

 

37,013

 

39,146

 

41,251

 

46,162

 

 

 

 

 

 

 

 

 

5

 

38,434

 

40,542

 

42,649

 

47,920

Annual Salary Schedule - Effective the 1st day of fall term, 2015

Years of Winnipeg Experience Less than 1st year from an accredited University or Community College recognized by Manitoba Education and Advanced Learning 1st year from an accredited University or Community College recognized by Manitoba Education and Advanced Learning 2nd year from an accredited University or Community College recognized by Manitoba Education and Advanced Learning
Bachelor's Degree from a University in Manitoba or equivalent or higher

0

 

$32,022

 

34,184

 

$36,333

 

39,928

 

 

 

 

 

 

 

 

 

1

 

33,458

 

35,609

 

37,754

 

41,727

 

 

 

 

 

 

 

 

 

2

 

34,880

 

37,030

 

39,203

 

43,503

 

 

 

 

 

 

 

 

 

3

 

36,333

 

38,485

 

40,628

 

45,293

 

 

 

 

 

 

 

 

 

4

 

37,753

 

39,928

 

42,076

 

47,085

 

 

 

 

 

 

 

 

 

5

 

39,203

 

$41,353

 

43,503

 

$48,878

 Annual Salary Schedule - Effective the 1st day of fall term, 2016

Years of Winnipeg Experience Less than 1st year from an accredited University or Community College recognized by Manitoba Education and Advanced Learning 1st year from an accredited University or Community College recognized by Manitoba Education and Advanced Learning 2nd year from an accredited University or Community College recognized by Manitoba Education and Advanced Learning
Bachelor's Degree from a University in Manitoba or equivalent or higher

0

 

$32,662

 

$34,867

 

$37,059

 

$40,726

 

 

 

 

 

 

 

 

 

1

 

34,127

 

36,322

 

38,509

 

42,561

 

 

 

 

 

 

 

 

 

2

 

35,578

 

37,771

 

39,987

 

44,373

 

 

 

 

 

 

 

 

 

3

 

37,059

 

39,255

 

41,441

 

46,198

 

 

 

 

 

 

 

 

 

4

 

38,508

 

40,726

 

42,918

 

48,027

 

 

 

 

 

 

 

 

 

5

 

39,987

 

42,180

 

44,373

 

49,856

 Annual Salary Schedule - Effective the 1st day of fall term, 2017

Years of Winnipeg Experience Less than 1st year from an accredited University or Community College recognized by Manitoba Education and Advanced Learning 1st year from an accredited University or Community College recognized by Manitoba Education and Advanced Learning 2nd year from an accredited University or Community College recognized by Manitoba Education and Advanced Learning
Bachelor's Degree from a University in Manitoba or equivalent or higher

0

 

$33,152

 

$35,390

 

$37,614

 

$41,337

 

 

 

 

 

 

 

 

 

1

 

34,639

 

36,866

 

39,087

 

43,200

 

 

 

 

 

 

 

 

 

2

 

36,111

 

38,337

 

40,587

 

45,039

 

 

 

 

 

 

 

 

 

3

 

37,614

 

39,844

 

42,062

 

46,891

 

 

 

 

 

 

 

 

 

4

 

39,085

 

41,337

 

43,561

 

48,747

 

 

 

 

 

 

 

 

 

5

 

40,587

 

42,812

 

45,039

 

50,604

Annual Salary Schedule - Effective the 1st day of January, 2018

Years of Winnipeg Experience Less than 1st year from an accredited University or Community College recognized by Manitoba Education and Advanced Learning 1st year from an accredited University or Community College recognized by Manitoba Education and Advanced Learning 2nd year from an accredited University or Community College recognized by Manitoba Education and Advanced Learning
Bachelor's Degree from a University in Manitoba or equivalent or higher

0

 

$33,650

 

$35,921

 

$38,179

 

$41,957

 

 

 

 

 

 

 

 

 

1

 

35,159

 

37,419

 

39,673

 

43,848

 

 

 

 

 

 

 

 

 

2

 

36,653

 

38,913

 

41,196

 

45,715

 

 

 

 

 

 

 

 

 

3

 

38,179

 

40,442

 

42,693

 

47,594

 

 

 

 

 

 

 

 

 

4

 

39,671

 

41,957

 

44,214

 

49,478

 

 

 

 

 

 

 

 

 

5

 

41,196

 

43,454

 

45,715

 

51,363

(a) Credit shall be given for approved laboratory experience prior to joining the staff at the rate of $715.00 effective the first day of the fall term 2014, and $730.00 effective the first day of the fall term 2015, and $745.00 effective the first day of the fall term 2016, and $756.00 effective the first day of the fall term 2017, and $767.00 effective the first day of January 2018 for each year of experience up to four (4) years as limited by the maximum of that classification.

(b) The normal hours of work for full-time lab assistants shall be thirty-five (35) hours per week, seven (7) hours per day between the hours of 8:00 a.m. and 5:00 p.m.

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16. INTEREST ON RETROACTIVE SALARY

16.01  The Division will pay interest on retroactive salary increases payable to employees covered by this Agreement.  Such interest will be paid from the date the increase in salary is payable and on the gross amount of retroactive pay due less the amount of any statutory deduction for Canada Pension, Employment Insurance and Income Tax with respect to that pay and shall be calculated from the dates which the monies would have been due to the date of actual payment.

16.02  Interest shall be computed at the lesser of ten per centum (10%) per annum or the average rate at which the Division borrows funds during the twelve (12) month period preceding the calculation date.

16.03  If the Division has not borrowed funds during the preceding twelve (12) month period, then interest shall be computed at the lesser of ten per centum (10%) per annum or the rate equal to that paid by the Division Bank's Non chequing Savings Account.

 

 

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SECTION C - ALLOWANCES AND RATES

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17. ALLOWANCES FOR TEACHERS NOT IN ADMINISTRATIVE POSITIONS

Allowances payable to each teacher in addition to the Basic Salary shall, as may be applicable, include the following:

17.01 Allowances for Department Heads/Team Leaders

The appointment of department heads/team leaders shall be made by the Division after consultation with the principals of the schools concerned.

Where a department head or team leader is appointed in a junior or senior high school, the department head/team leader shall be paid the following allowance in addition to the department head's/team leader's Basic Salary entitlement as a teacher and in accordance with the following conditions:

(a)  Where there is at least the equivalent of three (3) full time teachers including the department head/team leader in the department/team   an allowance will be paid to the department head/team leader at the rate of $2479.00 per annum effective the first day of the fall term 2014 and $2528.00 per annum effective the first day of fall term 2015, and $2578.00 the first day of the fall term 2016, and $2617.00 per annum effective the first day of the fall term 2017, and $2656.00 per annum effective the first day of January 2018.

(b)  Where there is at least the equivalent of five (5) full time teachers including the department head/team leader in the department/team   an allowance will be paid to the department head/team leader at the rate of $3305.00 per annum effective the first day of the fall term 2014, and $3371.00 per annum effective the first day of the fall term 2015, and $3439.00 per annum effective the first day of the fall term 2016, and $3490.00 per annum effective the first day of the fall term 2017, and $3542.00 per annum effective the first day of January 2018.

(c)  Where there is at least the equivalent of seven (7) full time teachers including the department head/team leader in the department/team   an allowance will be paid to the department head/team leader at the rate of $4146.00 per annum effective the first day of the fall term 2014, and $4229.00 per annum effective the first day of fall term 2015, and $4314.00 per annum effective the first day of the fall term 2016, and $4379.00 per annum effective the first day of the fall term 2017, and $4445.00 per annum effective the first day of January 2018.

(d)  Where there is at least the equivalent of nine (9) full time teachers including the department head/team leader in the department/team   an allowance will be paid to the department head/team leader at the rate of $4969.00 per annum effective the first day of the fall term 2014, and $5069.00 per annum effective the first day of the fall term 2015, and $5170.00 per annum effective the first day of the fall term 2016, and $5248.00 per annum effective the first day of the fall term 2017, and $5327.00 per annum effective the first day of January 2018.

(e)  Where there is at least the equivalent of twelve (12) full time teachers including the department head/team leader in the department/team   an allowance will be paid to the department head/team leader at the rate of $5786.00 per annum effective the first day of the fall term 2014, and $5901.00 per annum effective the first day of the fall term 2015, and $6020.00 per annum effective the first day of the fall term 2016, and $6111.00 per annum effective the first day of the fall term 2017, and $6202.00 per annum effective the first day of January 2018.

(f)  Where there is at least the equivalent of fifteen (15) full time teachers including the department head/team leader in the department/team   an allowance will be paid to the department head/team leader at the rate of $6622.00 per annum effective the first day of the fall term 2014, and $6754.00 per annum effective the first day of the fall term 2015, and $6889.00 per annum effective the first day of the fall term 2016, and $6993.00 per annum effective the first day of the fall term 2017, and $7097.00 per annum effective the first day of January 2018.

(g)  Notwithstanding the foregoing, the allowance for the department head/team leader of a technical department in the Technical Vocational School or the R.B. Russell Vocational School, shall be at the rate of $3863.00 per annum effective the first day of the fall term 2014, and $3940.00 per annum effective the first day of the fall term 2015, and $4019.00 per annum effective the first day of the fall term 2016, and $4079.00 per annum effective the first day of the fall term 2017, and $4140.00 per annum effective the first day of January 2018; unless there is the equivalent of five (5) or more full-time teachers in the department/team including the department head/team leader, in which case the allowance shall be $1384.00 per annum effective the first day of the fall term 2014, and $1412.00 per annum effective the first day of fall term 2015, and $1441.00 effective the first day of the fall term 2016, and $1462.00 per annum effective the first day of the fall term 2017, and $1484.00 per annum effective the first day of January 2018 in addition to the amount specified in whichever of sections (b) to (f) above applies.

17.02 Allowance to a Designated Teacher During the Absence of the Principal

(a)  During the absence of a principal for a period of at least one half day and there is no vice-principal, the assigned acting teacher as designated by the Superintendent shall be paid, $18.29 per half day and $36.59 per full day of such assignment effective the first day of the fall term 2014, and $18.66 per half day and $37.32 per full day of such assignment effective the first day of the fall term 2015, and $19.03 per half day and $38.07 per full day of such assignment effective the first day of the fall term 2016, and $19.32 per half day and $38.64 per full day of such assignment effective the first day of the fall term 2017, and $19.61 per half day and $39.22 per full day of such assignment effective the first day of January 2018.

(b)  When the absence of a principal exceeds or is expected to exceed three (3) days, a substitute teacher shall be employed to perform the designated teacher's regular classroom duties during such times that the designated teacher is acting in place of the principal.

17.03 Allowance for Travel

(a)   A person covered by this Collective Agreement and who is required by the Division to use a motor vehicle will be paid an allowance in accordance with the Division's scale of car allowance for employees.  A teacher or a laboratory assistant who serves in two (2) different schools in one (1) day will be paid a trip allowance equal to the current Winnipeg Transit Adult bus fare.

(b)   The workload of a teacher who, as part of their duties, is required to travel between schools, shall be adjusted to reflect adequate time for travelling, exclusive of lunch and preparation time.

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18. SALARY RATES FOR AUXILIARY PERSONNEL

The salary rates for auxiliary personnel shall be inclusive of vacation pay.

18.01 

Effective the 1st day of the fall term, 2014

 (a) Teacher of English as Additional Language    

      Teachers uncertified to Class III                                                      $52.19/hr.
      Teachers in Classes IV, V, VI & VII                                               $63.02/hr.
 
(b) Adult English Additional Language Head Teacher (Annual Rate)       $47,003.00



Effective the 1st day of fall term, 2015

(a) Teacher of English as Additional Language    

     Teachers uncertified to Class III                                                       $53.97/hr.
     Teachers in Classes IV, V, VI & VII                                                $64.28/hr. 
 
(b) Adult English Additional Language Head Teacher (Annual Rate)       $47,943.00

 

Effective the 1st day of the fall term, 2016

(a) Teacher of English as Additional Language    

     Teachers uncertified to Class III                                                         $55.05/hr.
     Teachers in Classes IV, V, VI & VII                                                 $65.57/hr.
 
(b) Adult English Additional Language Head Teacher (Annual Rate)       $48,902.00

 


Effective the 1st day of the fall term, 2017

(a) Teacher of English as Additional Language    

     Teachers uncertified to Class III                                                         $55.88/hr.
     Teachers in Classes IV, V, VI & VII                                                 $66.55/hr.
 
 (b) Adult English Additional Language Head Teacher (Annual Rate)       $49,636.00

 


Effective the 1st day of January, 2018

(a) Teacher of English as Additional Language    

      Teachers uncertified to Class III                                                         $56.72/hr.
      Teachers in Classes IV, V, VI & VII                                                  $67.55/hr.
 
(b) Adult English Additional Language Head Teacher (Annual Rate)         $50,381.00

18.02 

Effective the 1st day of the fall term, 2014

(a) Summer School Teachers and Principals
Teachers in Classes I, II and III $53.38/hr.
Teachers in Classes IV, V, VI & VII $63.86/hr.
Principal (per session) $15,454
Vice-Principal (per session) $12,344
(b) Summer School Laboratory Assistants
With less than a Bachelor’s degree from a University in Manitoba or equivalent $39.06/hr.
With a Bachelor’s degree from a University in Manitoba or equivalent or higher $42.24/hr.

 

Effective the 1st day of the fall term, 2015
(a) Summer School Teachers and Principals
Teachers in Classes I, II and III $54.45/hr.
Teachers in Classes IV, V, VI & VII $65.14/hr.
Principal (per session) $15,763
Vice-Principal (per session) $12,591
(b) Summer School Laboratory Assistants
With less than a Bachelor’s degree from a University in Manitoba or equivalent $39.84/hr.
With a Bachelor’s degree from a University in Manitoba or equivalent or higher $43.08/hr.

 

Effective the 1st day of the fall term, 2016
(a) Summer School Teachers and Principals
Teachers in Classes I, II and III $55.54/hr.
Teachers in Classes IV, V, VI & VII $66.44/hr.
Principal (per session) $16,078
Vice-Principal (per session) $12,843
(b) Summer School Laboratory Assistants
With less than a Bachelor’s degree from a University in Manitoba or equivalent $40.64/hr
With a Bachelor’s degree from a University in Manitoba or equivalent or higher $43.94/hr.

 

Effective the 1st day of the fall term, 2017
(a) Summer School Teachers and Principals
Teachers in Classes I, II and III $56.37/hr.
Teachers in Classes IV, V, VI & VII $67.44/hr.
Principal (per session) $16,319
Vice-Principal (per session) $16,036
(b) Summer School Laboratory Assistants
With less than a Bachelor’s degree from a University in Manitoba or equivalent $41.25
With a Bachelor’s degree from a University in Manitoba or equivalent or higher $44.60/hr.

 

Effective the 1st day of January, 2018
(a) Summer School Teachers and Principals
Teachers in Classes I, II and III $57.22/hr.
Teachers in Classes IV, V, VI & VII $68.45/hr.
Principal (per session) $16,564
Vice-Principal (per session) $13,232
(b) Summer School Laboratory Assistants
With less than a Bachelor’s degree from a University in Manitoba or equivalent $41.87/hr.
With a Bachelor’s degree from a University in Manitoba or equivalent or higher $45.27/hr.

18.03    Substitute Teachers

(a) The provisions of the Collective Agreement do not apply to substitute teachers except as expressly provided for in Article 17.03, Substitute Teachers.

(b) Substitute teachers shall be required in each school year to execute a Substitute Teacher’s Contract in the form attached hereto as Schedule “E”.

(c)  Salary Effective the 1st day of the fall term, 2014

      (i) Teachers in Classes I, II and III                 $131.74 
          Teachers in Classes IV, V, VI, and VII      $183.47 
 
for a full day at one (1) school or two (2) half days on the same day at different schools, provided however, that where a substitute teaches only for one-half (1/2) of any day the rate for such half-day shall be:

         Teachers in Classes I, II and III                  $70.58 
         Teachers in Classes IV, V, VI and VII        $98.83


Salary Effective the 1st day of the fall term, 2015

        Teachers in Classes I, II and III                  $134.37 
        Teachers in Classes IV, V, VI, and VII       $187.14 
 
for a full day at one (1) school or two (2) half days on the same day at different schools, provided however, that where a substitute teaches only for one-half (1/2) of any day the rate for such half-day shall be:

        Teachers in Classes I, II and III                   $71.99 
        Teachers in Classes IV, V, VI and VII        $100.81


Salary Effective the 1st day of the fall term, 2016

       Teachers in Classes I, II and III                    $137.06 
       Teachers in Classes IV, V, VI, and VII        $190.88 
 
for a full day at one (1) school or two (2) half days on the same day at different schools, provided however, that where a substitute teaches only for one-half (1/2) of any day the rate for such half-day shall be:

       Teachers in Classes I, II and III                   $73.43 
       Teachers in Classes IV, V, VI and VII        $102.83


 Salary Effective the 1st day of the fall term, 2017

       Teachers in Classes I, II and III                   $139.12 
       Teachers in Classes IV, V, VI, and VII        $193.74 
 
for a full day at one (1) school or two (2) half days on the same day at different schools, provided however, that where a substitute teaches only for one-half (1/2) of any day the rate for such half-day shall be:

       Teachers in Classes I, II and III                  $74.53 
       Teachers in Classes IV, V, VI and VII        $104.37


Salary Effective the 1st day of January, 2018

       Teachers in Classes I, II and III                  $141.21 
       Teachers in Classes IV, V, VI, and VII       $196.65 
 
for a full day at one (1) school or two (2) half days on the same day at different schools, provided however, that where a substitute teaches only for one-half (1/2) of any day the rate for such half-day shall be:

      Teachers in Classes I, II and III                     $75.65 
      Teachers in Classes IV, V, VI and VII           $105.94


      (ii) Should a substitute have continuous employment in one (1) position for a period of five (5) teaching days or more, payment shall be made at the rate of one two-hundredth (1/200th) of the substitute teacher’s basic salary as determined by Article 9, Salary Schedule of this agreement for each day of employment in the said position.

      (iii) No substitute shall receive a salary rate higher than the maximum salary rate provided under the Basic Salary Schedule for a Class IV teacher.

      (iv) 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) Manitoba Teachers’ Society Fees

All substitutes eligible as members in good standing, shall be required to pay the fees of The Manitoba Teachers’ Society,  such fees shall be deducted monthly and be pro-rated on the basis of the number of days worked in that specific month.

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 legal action arising from the deduction of The Manitoba Teachers’ 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.

(e) Sick Leave

A substitute teacher shall be allowed one (1) day of sick leave with pay for each nine (9) consecutive days taught in an assignment.  Sick leave days shall not accumulate from assignment to assignment. The use of a sick leave day with pay shall not constitute an interruption of consecutive days of substitute teaching in an assignment.

 Assignment shall mean consecutive teaching days in one (1) position.

 A substitute teacher claiming sick leave may be required to provide proof of illness from a registered medical practitioner if requested to do so by the Superintendent or designate.

(f) Professional Development

 A substitute teacher who has worked for the Division for at least fifty (50) teaching days in the previous school year shall be entitled to request in writing to the Director of Human Resources, or designate, to attend one professional development day in the next school year.  Attendance, if approved, shall be considered as time worked under Article 17.03, Substitute Teachers.

 A substitute teacher not meeting the above eligibility requirements may request to attend scheduled professional development days.  Such attendance, if approved, shall be on a without pay basis.

 Approval in either instance shall be at the sole discretion of the Division.

(g) Applicable Articles of the Collective Agreement

The following articles of the current Collective Agreement shall apply to substitute teachers with amendment
as noted  *:

Article 1 - Purpose
Article 2 - Bargaining Agent
Article 3 - Duration of Agreement
Article 4 - Applicability of Regulations, By-Laws and Code of Rules
   *with the exception that only Chapter 1, Chapter 2 sections 2.4 and 2.6, Chapter 3, Chapter 4 section 4.1 of the Code of Rules apply
Article 5.01 - Individual Teacher’s Contract
   *only (b) of Article 5.01 applies
Article 6.01 - Deduction of Winnipeg Teachers’ Association Fees
Article 7 - Singular/Plural
Article 8.01 - Committee on Adjustments
Article 8.02 - Settlement of Disputes
   *except that:
     The only matters that may be grieved under the Settlement of Disputes Article by a substitute teacher or the Association on behalf of a substitute teacher are the  provisions of this Article, and the substantive rights and obligations of employment-related and human rights statutes to the extent that they are incorporated into this collective agreement
Article 9.01 - Basic Salary Schedule
   *applies after the qualifying period within Article 17.03 - Substitute Teachers
Article 9.02 - Educational and/or Professional Qualifications
   *only applicable up to Class IV for the purpose of salary under Article 17.03 - Substitute Teachers
Article 9.04 - Teaching Experience
   *only b (i) and b (iii) apply in the determination of teaching experience
Article 9.05 (a) - Retroactive Salary Adjustments
Article 9.05 (c) - Reclassification Due to Additional Qualifications
   *limited to Class IV in accordance with Article 17.03, Substitute Teachers
Article 9.05 (d) - Reclassification Due to Change in Evaluation
   *limited to Class IV in accordance with Article 17.03, Substitute Teachers
Article 9.08 - Direct Deposit of Salaries
Article 16 - Interest on Retroactive Salary
Article 23 - Meal Period
Article 30 - Discipline
   * does not include 30.01 Complaints
Article 31 - Personnel Files
Article 32 - Harassment
Article 33 - Lists of Names and Addresses
Article 34 - Contracting Out
Article 35 - Joint Committee

 

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SECTION D - BENEFIT PLANS

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19. INSURANCE

19.01 Group Insurance

The Board will administer The Manitoba Public School Employees Group Life Insurance Plan according to the terms and conditions of the plan.

19.02 Disability Insurance Plan

The Division shall become the registered holder of the Disability Insurance Plan and the plan shall be such as shall be determined and paid for by the Association.

19.03 Dental Insurance

(a) The Division will administer a dental insurance plan in accordance with the provisions of the Great-West Life Dental Insurance Plan, Document No. 51005.

(b) The cost of the dental insurance plan will be borne by the Division, subject, however, to the following conditions:

      i. Effective September 1, 2007, the Division will, at the end of each month, contribute one and thirty five-one hundredths of one per centum (1.35%) of the total gross payroll for the month based on the previous year’s salary rates for those employees covered by this Collective Agreement.

      ii. In the event that the funds provided under (i) will not support the level of benefit set out in the Plan, Document No. 15001, the Association, upon being notified of the fact by the Division, shall be required to determine the reduction in benefits to meet the current and projected shortfall of funds. The nature of the reduction chosen shall be communicated by the Association to the Division within three (3) weeks of notification.

(c) Any surplus accumulated in the plan from year to year shall be retained for the benefit of the members of the plan, including the improvement of the level of benefits. Should the Association elect to improve the level of benefit, it shall require the prior agreement of the Division. Should the plan be terminated, any accumulated surplus and interest shall become the property of the Association.

(d) The Division’s cost of administering the plan, including consultants’ fees, shall be charged to the plan.

 

 

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SECTION E - WORKING CONDITIONS

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20. LAY OFF PROCEDURE

20.01 It is agreed that for the purposes of this Article the following terms shall have the following meanings:

          (a)  Training - Instruction received as preparation for the profession of teaching which leads to the development of a particular skill or proficiency with respect to a particular subject or subjects.

          (b)  Academic Qualification - Refers to the classification in which the teacher is placed by the Professional Certification and Student Records Unit of Manitoba Education and Advanced Learning.

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

          (d)  Ability of Teachers - 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.

          (e)  Continuous Employment - Employment with the Division from the date of hire under one or more successive regular or limited term contracts as long as there is no break in actual teaching service between contracts.

20.02 Where it is determined by the Board that a lay off is necessary and where natural attrition, transfers, sabbaticals 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 Division.

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

20.04 Seniority for the purposes of this Agreement is defined to mean the length of continuous employment within the Division.

20.05 Where teachers have the same length of employment with the Division, the order of the seniority list shall be determined on the basis of the total teaching experience with the Division as determined by Article 9.04.

20.06 Where teachers have the same seniority as defined in Articles 19.04, and 19.05 the order of seniority shall be determined on the basis of total recognized teaching experience in Manitoba.

20.07 Where teachers have the same seniority as defined in Articles 19.04, 19.05, and 19.06 the order of seniority shall be determined on the basis of total teaching experience recognized by the Province of Manitoba for classification purposes.

20.08 If the length of teaching experience as defined in Articles 19.04, 19.05, 19.06, and 19.07 is equal, the teacher to be declared surplus shall be determined by the Division.

20.09 The Division will maintain a seniority list which will:

          (a)  Contain the names of all teachers with five (5) years or less of continuous employment as defined by Article 19.01.  The Division will endeavour to provide a list to include the names of teachers with more than five (5) years' continuous employment.

          (b)  Identify the designated seniority of the teacher on the basis of Articles 19.04, 19.05, 19.06 and 19.07 of this Collective Agreement.

          (c)  Specify the date of commencement of employment for the purpose of Article 19.04.

          (d)  Be posted in each school by February 1st of each year and a copy sent to the Association.  The Association and/or the teacher shall be permitted to protest any alleged omission or incorrect listing until March 15th of that year.  In the event of an omission or incorrect listing being brought to the Division's attention after March 15th, the teacher so affected shall have the right to correct the list at the next posting.

         (e)  Be sent to any teacher on leave whose name appears on that list at his/her last reported address.

20.10 In the event of a lay off, representatives of the Division shall meet with the Executive of the Association to discuss the implications of the lay off and shall provide the Association with a list of teachers to be laid off.

20.11 Notice of lay off and a copy of this clause shall be given to the teacher laid off no later than November 1st for lay off on December 31st, no later than two (2) months prior to the end of a semester for lay off at the end of that semester on or about January 31st, and no later than May 1st for lay off on June 30th.  It is understood that lay offs will occur only on the aforementioned dates.

20.12 The teacher shall be placed on the recall list until June 30th of the school year in which he/she was laid off. To remain on the recall list beyond such date the teacher shall indicate in writing to the Division his/her wish to remain on the recall list.  Failure to provide a written indication to the Division by June 30th shall relieve the onus on the Division for the teacher's continued placement on the recall list.

20.13 If, after layoffs have occurred and for a period of one (1) calendar year after the 30th day of September following the date of lay off, 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, academic qualifications, experience, and ability for the position available.  Seniority with the Division 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, academic qualifications, experience, and ability.

It shall be the responsibility of the teacher to report to the Division by registered mail an address to which a recall notice can be delivered.  Recall notices will be delivered by registered mail to the last reported address given by the teacher.  A teacher who is recalled from lay off shall be required to indicate, notwithstanding any other time limits in this Collective Agreement, within six (6) days of the registered letter being received or within twenty (20) calendar days of the letter being sent, whichever occurs first, his/her intent to return to work and shall be required to return to work on the date set out in the notice which date shall not be less than fourteen (14) calendar days following notification of his/her intent to return unless by mutual agreement.

20.14 A teacher shall lose the right of recall for any of the following reasons:

         (a)  The teacher resigns.

         (b)  The teacher is employed by another School Division as a full-time teacher on a Form 2, or equivalent full-time contract, approved by the Minister, except those teachers who are employed full-time on such a contract for a limited term, not to exceed one (1) year.

         (c)  The teacher fails to return to work after the termination of any leave granted by the Board.

         (d)  The teacher is not recalled within one (1) calendar year after September 30th following the date of lay off.

         (e)  The teacher's contract is terminated for cause.

         (f)  Any teacher on the recall list who refuses to accept a position for which the teacher has the necessary training, academic qualifications and ability to perform the work in the position offered subject to the exception contained in (b) hereof, shall forfeit all rights of recall.

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

20.15 A teacher's accumulated sick leave credits will not be affected if the teacher is recalled as provided in Article 19.13 above.

20.16 Notwithstanding any other provisions of this Agreement, the foregoing lay off 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, experience and ability required for a specific teaching assignment of such teacher employed under a limited term contract or 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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21. LEAVES

21.01 

(a)  Cumulative Sick Leave

      (i) Sick leave shall be calculated on the basis of twenty (20) days per year.  For the purpose of computing sick leave for a fraction of a year, two hundred (200) days shall be considered to be the number of school days in a year.

      (ii) Unused sick leave in any calendar year may be accumulated and carried forward to the next year up to the maximum of one hundred and forty-five (145) days (including twenty (20) days allowed for the year in which the illness occurred) subject to the following conditions:

           (a) Upon commencement of duties in the first year, a teacher is entitled to twenty (20) teaching days.

           (b) Upon commencement of duties in the second year, a teacher is entitled to twenty (20) teaching days and any unused sick leave from the first year.

           (c) At the beginning of each succeeding year, a teacher is entitled to twenty (20) teaching days and any previously unused sick leave.

      (iii) Employees shall be entitled to use up to an overall maximum of three (3) 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 or sister 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 employees within the scope of this agreement. Employees may be required to provide medical evidence that such leave was required. Such days shall be pro-rated based upon full-time equivalency for part-time employees. Section 7.1.1 is to be deleted from Appendix B re: Policy GCBD.

      (iv) Absence for illness due to pregnancy shall be considered to be sick leave up to the day the teacher was last present for duty.

      (v) No sick leave shall be granted during a period of leave of absence or sabbatical leave, and no days shall be added to the accumulated sick leave for such periods.

      (vi) Deduction for full salary (one two hundredth [1/200th] of annual salary rate for each day) shall be made when illness extends beyond the period provided for.

      (vii) A teacher on extended sick leave, who advises the Division that the sick leave will be continuing for more than ten (10) consecutive days shall be advised by the Division of the following:

            (a) the sick leave benefits which may be claimed under the Collective Agreement, and

            (b) to contact The Winnipeg Teachers’ Association regarding services and benefits.

  A copy of the Cumulative Sick Leave Article shall be provided to the teacher.

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

 For the purposes of this section, "on-the-job injury" shall be defined as follows:
 A disability resulting from an accident/incident occurring on Division premises or in the course of performing duties arising out of employment under contract with the Division.

       (ix) Sick leave is not payable to a teacher:

             (a) who is engaged in employment for wage or profit with another employer except when such employment occurs as a result of a program of rehabilitative employment approved by the Disability Insurance Plan.

             (b) whose illness results from the use of drugs or alcohol and who is not receiving continued treatment from a licensed physician or in a recognized program of treatment for the use of drugs or alcohol.

             (c) who, in respect of an illness or injury resulting from a motor vehicle accident, is receiving wage-loss replacement benefits from the Manitoba Public Insurance Corporation to the extent that such benefits and paid sick leave exceed the teacher's normal salary.  In such cases the teacher shall reimburse the Division the amount of benefit received from the Manitoba Public Insurance Corporation.

 Where an employee accesses their sick leave accumulation to top up their PIPP benefits (MPI wage loss replacement) a corresponding equal deduction from their sick leave accumulated balance will be taken.

             (d) who is absent from work because of plastic surgery performed for cosmetic purposes except where the need for such surgery is attributable to an illness or injury.


(b)  Certificates For Absence Due to Illness

Teachers absent due to illness shall present a certificate to the principal on return to duty.

      (i) If the absence does not exceed three (3) consecutive school days, the certificate may be a statement from the teacher on the form provided which shall be signed by the teacher and countersigned by the principal.  At the option of the teacher, a regular medical certificate may be provided in place of the certificate mentioned above.

      (ii) If the absence exceeds three (3) consecutive school days or is for a contagious disease or condition, the certificate shall be signed by a registered medical practitioner on the form provided for the purpose.  If the teacher presents a certificate from a person other than a registered medical practitioner it shall be referred to the Superintendent or designate for acceptance.

      (iii) Notwithstanding the foregoing, a teacher may be required to furnish a medical certificate for any absence for illness if requested to do so by the Superintendent or designate.

21.02 Leave for Pregnant Teacher

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.

21.03 Sabbatical Leave

(a)  "Sabbatical Leave", for the purpose of this Collective Agreement shall mean leave of absence granted to a teacher for study or travel with part salary which shall be known as the Sabbatical Leave Allowance, paid by the Division to the teacher.

In this Agreement the term "equivalent" means serving the Division as an employee for a like amount of time, which may be either part to full time or a combination thereof.

(b)  The Sabbatical Leave Allowance shall be:

      (i) For travel   $1,500.00 per annum

      (ii) For study   $3,000.00 per annum or two thirds (¨ø) of the teacher's annual scheduled salary including increases negotiated during the sabbatical leave, whichever is the greater.

In this Agreement the term "Salary" includes department heads', assistant department heads' allowance and negotiated increases in such allowance.

(c) In cases where the allowance is $3,000.00 or less, the teacher shall serve the Division not less than the equivalent of one (1) year following return or be required to repay the full amount of the allowance.

In cases where the allowance is more than $3,000.00, the teacher shall be required to serve the Division not less than the equivalent of three (3) years following return.  If a teacher serves less than the equivalent of three (3) years, the allowance shall be repaid in accordance with the following scale:

      (i) If service is for less than the equivalent of one (1) year following return, the full amount shall be repaid.

      (ii) If service following return is equivalent to one (1) year or more but less than the equivalent of two (2) years, the amount to be repaid shall be the difference between the total Sabbatical Leave Allowance and $3,000.00.

      (iii) If the service following return is equivalent to two (2) years or more, but less than the equivalent of three (3) years, the amount to be repaid shall be one half (1/2) of the difference between the total allowance and $3,000.00.

(d) Only teachers who have completed or are completing ten (10) years of teaching service with the Division may apply for Sabbatical Leave for the purpose of travel and only teachers, either part or full-time, who have completed or are completing the equivalent of seven (7) years of teaching service with the Division may apply for Sabbatical Leave for the purpose of study provided that such leave may not be granted more often than once in the equivalent of ten (10) years thereafter.

(e) Not more than two (2) percent of the full time teaching staff as at June 30th of the year previous to that in which the Sabbatical Leave is to start shall be absent on Sabbatical Leave in any school year.

(f) Sabbatical Leave shall normally be given for one (1) full school year.  It shall begin with the opening of the fall term and extend to the close of the spring term.  Where it is deemed advisable, this regulation may be modified to grant Sabbatical Leave for less than a full school year or for one (1) full year not coterminous with the school year, in which case, the teacher shall receive one two hundredth (1/200th) of his/her regular annual salary for each school day taught and one two hundredth (1/200th) of the Sabbatical Leave Allowance for each school day in the period of Sabbatical Leave.

(g) The application for Sabbatical Leave shall be filed with the Superintendent not later than the fifteenth (15th) day of October of the school year preceding that for which leave is desired, and must be accompanied by the following:

     (i)  In the case of leave for study:  A statement outlining the course to be studied and an estimate as to the value of the leave to the teacher and to the Division.

     (ii) In the case of leave for travel:  A statement outlining the proposed travel and an estimate as to the value of the leave to the teacher and to the Division.

(h) The Superintendent shall present all applications for Sabbatical Leave to the Board together with his/her recommendations.

(i)  Teachers on Sabbatical Leave are permitted to accept scholarships or fellowships. They shall not engage in full time remunerative employment, except as approved by the Superintendent during seven twelfths (7/12ths) of their period of leave.

(j)  The teacher on leave shall receive the Sabbatical Leave Allowance in regular monthly instalments, provided a satisfactory undertaking to serve the Division for the equivalent of one (1) year following return to duty has been filed with the Secretary Treasurer, where the allowance is $3,000.00 or not less than the equivalent of three (3) years where the allowance is more than $3,000.00.

(k) In the event of a teacher dying while on Sabbatical Leave, the amounts paid prior to the date of death shall not be recoverable by the Board.

(l)  In the event of a teacher on Sabbatical Leave accepting remunerative employment except as herein provided, or, in the event of the teacher deciding not to return to the Division teaching staff at the expiration of such leave, all monies paid as Sabbatical Leave Allowance shall be recoverable by the Board.

(m)  Special emergencies which may arise in connection with Sabbatical Leave and which do not appear to be covered by this Agreement shall be referred to the Superintendent for his/her consideration, and recommendations may be made to the Board if he/she deems it necessary.

(n) There shall be no accumulation of sick leave during the period a teacher is absent on Sabbatical Leave.

NOTE:  Article 9.04 of this Agreement, provides that periods of Sabbatical Leave shall be included as "teaching experience" while in the employ of the Division.

21.04 Leave for Professional Business

A member of The Winnipeg Teachers’ Association shall be excused from school duties to attend meetings of the Association or of The Manitoba Teachers' Society or to act as an official representative of the Association or of the Society for not more than a total of five (5) teaching days in any school year provided that a substitute satisfactory to the Division has been secured and that the cost of providing the substitute plus 10 per centum (10%) is assumed by the Association or the Society.  No additional leave of absence shall be taken for the above-mentioned purposes except with the consent of the Division.  Leave of absence from school duties for the purpose of collective bargaining, including arbitration, with the Division, shall not be counted.  When, for the purpose of negotiating a Collective Agreement with the Division or renewal thereof, meetings with the representatives of the Association are convened during regular working hours of the Association's members, the Division will grant leave, with salary at the applicable rates set out herein, for not more than six (6) members of the Association attending such meetings. Negotiations for the purposes of this section shall not include conciliation or arbitration proceedings.

A teacher employed by the Division who is elected President of the Association or President or Vice-President of The Manitoba Teachers' Society shall at the termination of the teacher's leave of absence return to the same position the teacher formally held provided the teacher has on or before April 1st in the year of the leave advised the Superintendent of Schools in writing of the teacher's intention to return to the position at the commencement of the next teaching year.  If the teacher fails to inform the Division in writing of the teacher's intention to return, the Division shall not be required to assign the teacher to the teacher's former position with the Division and the Division is relieved of any obligation to the teacher in this respect.

If a position held by the President prior to taking a leave of absence will no longer exist when the teacher resumes employment with the Division, the Division will offer the teacher another position which will be as similar to the previous position held by the teacher as can be reasonably established.

21.05 Maternity Leave/Adoptive Leave/Parental Leave

(a) Every female teacher

     (i) who submits to the Division an application in writing for leave at least four (4) weeks before the day specified in the application as the day on which such leave is to commence;

     (ii) who provides the Division with a certificate of a duly qualified medical practitioner certifying that the teacher is pregnant and specifying the estimated date of delivery is entitled to and shall be granted maternity leave consisting of

            (a) a period, not exceeding seventeen (17) weeks if delivery occurs on or before the date of a delivery specified in the certificate mentioned in Clause (b); or

            (b) a period of seventeen (17) weeks plus an additional period equal to the period between the date of delivery specified in the certificate mentioned in Clause (b) and the actual date of delivery, if delivery occurs after the date mentioned in that certificate.

(b)  (i) Every female teacher shall be entitled to maternity leave and every teacher shall be entitled to adoptive leave in accordance with this Agreement.

       (ii) Every teacher shall be entitled to unpaid parental leave.

       (iii) Except as otherwise provided herein, the Manitoba Employment Standards Code will apply.

       (iv) The teacher and the Division may mutually agree to extend the length of leave if the teacher so desires.  Any such arrangements shall be confirmed in writing by the Division.

       (v) A teacher taking maternity leave pursuant to this article shall be entitled to receive pay for the period of leave up to seventeen (17) 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 (HRDC) to a Supplemental Unemployment Benefits (SUB) Plan.  The implementation of this clause is subject to the successful arrangement of a SUB Plan with HRDC.

       (vi) In respect of the period of maternity leave, payments made according to the SUB Plan will consist of the following:

             (1) for the first two (2) weeks, payment equivalent to ninety percent (90%) of her gross salary, and

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

       (vii)  A teacher taking 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 HRDC to a SUB Plan.  The implementation of this clause is subject to the successful arrangement of a SUB plan.

       (viii)  In respect of the period of adoptive or parental leave, payments made according to the SUB Plan will consist of the following:

               (1) for the first two (2) weeks, payment equivalent to ninety percent (90%) of gross salary, and

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

(c) Subject to Clause (g), maternity leave granted to a female teacher under this section shall commence no earlier than eleven (11) weeks preceding the date specified in the certificate mentioned in Clause (a)(ii) and shall terminate no later than seventeen (17) weeks following the actual date of delivery.

(d) A female teacher who does not submit an application for maternity leave in accordance with Clause (a)(i), but who except for the noncompliance with that clause would have been eligible for maternity leave provided in Clause (a) is entitled to and shall be granted leave consisting of

      (i) Such period or periods within the eleven (11) weeks immediately preceding the estimated date of delivery of the child as certified by a duly qualified certified medical practitioner, if the teacher provides the employer with a certificate from a duly qualified medical practitioner stating that during the period or periods mentioned in the certificate the employee

              (1) was incapable of performing the normal duties of employment, or

              (2) will be incapable of performing the normal duties of employment, by reason of a medical condition that is or was directly attributable to the pregnancy; and

      (ii) Such further period that when added to the leave granted under Clause (d)(i) will not exceed the amount of maternity leave to which a female employee is entitled under Clause (a).

(e) A teacher who wishes to resume employment on the expiration of leave granted in accordance with this section shall be reinstated by the Division in the position occupied at the time such leave commenced or in a comparable position with not less than the same wages and benefits; but where the teacher remains absent from work for a period of more than seventeen (17) weeks following the actual date of delivery the Division is not required to reinstate her in the position occupied at the time the leave commenced.

(f) For the purpose of calculating benefits of a teacher to whom leave is granted in accordance with this section, employment after the termination of that leave shall be deemed to be continuous with employment before the commencement of that leave.

(g) Additional maternity benefits may be granted to female teachers provided a mutually satisfactory agreement can be concluded between the Division and the teacher.

21.06  Absence for the Purpose of Writing Examinations

With the approval of the Superintendent leave shall be granted to teachers to attend examinations in order to secure a higher certificate or to secure university standing.  The Superintendent may grant all or a portion of such leave with or without loss of salary.

21.07  Court Appearances

All employees covered by the Collective Agreement will be granted leave without deduction of salary for court appearances if the employee is subpoenaed to be a witness in a court action or is summoned for jury duty, provided however, the employee shall remit to the Division any remuneration which the employee may receive because of an appearance in court as a witness or as a juror.
To be eligible for leave with pay an employee is required to submit details of the requirement for jury or witness duty at the earliest possible date.

Any time during regular school hours that an employee is not required to be at court the employee shall be available for duties at the school.

The Division shall act reasonably and fairly in regard to all circumstances.

An employee required to attend a court proceeding as a party to that proceeding in relation to the employee’s personal private affairs shall receive a leave of absence without pay for the required absence.

21.08 Application of Teacher Lay off Procedure Article While on Leave

Notwithstanding any other agreement between the Division and teacher while on a leave of absence, a teacher's continued employment shall be determined in accordance with Article 19   Lay off Procedure.

21.09 Religious Holy Leave

Teachers shall not absent themselves from duty for reasons of religious holy days without first securing permission from the Superintendent.  All requests for such approval shall be made through the principal on the form prescribed.

(a) No deduction from salary shall be made when teachers are absent for observance of religious holy days, up to a maximum of three (3) days per school year.

(b) When teachers are absent for observance of religious holy days in excess of three (3) days per school year a teacher may receive regular salary less the rate for a substitute in the teacher's salary classification.

(c) The following notification period will apply:

     (i)    for teachers requiring religious holy leaves prior to October 15th, ten (10) working days' notice in writing shall be given to the Division, for teachers requiring religious holy days October 15th or later, notice in writing of leave required for that school year shall be given by September 30th.

    (ii) for those teachers commencing employment with the Division at a time other than the start of the school year and who require religious holy leave, notice in writing, shall be given to the Division within ten (10) working days of active employment.

(d) Where the appropriate notice has not been given to the Division, the Division shall provide religious holy days and that leave, at the Division's discretion, may be with pay or at regular salary less the rate for a substitute in the teacher's salary classification, or with one two hundredths (1/200ths) salary deduction per day.  The Division shall act reasonably and fairly having regard to all circumstances.

(e) Religious Holy Leave shall be extended to include individuals teaching in the Adult EAL Program. 

It is agreed for the purposes of this Article, Religious Holy Days shall be defined as "major religious holy days observed by the teacher and designated as a day of obligation by the teacher’s religion."

21.10 In the event that an employee is requesting a short term leave of absence which is not otherwise set forth in this Agreement, the Division may grant such leave with or without pay in accordance with its policy, a copy of which is attached hereto as Appendix "B" to this Agreement.  This clause is only for the information of the Association membership and an employee should see the Division policy manual for details.

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22. PREPARATION TIME

22.01 Within the instructional day the Division shall provide a minimum of one hundred and eighty (180) minutes of preparation time for each full time elementary teacher and a minimum of two hundred and forty (240) minutes of preparation time for each full time secondary teacher per six (6) day cycle.  Preparation time shall be scheduled in blocks of not less than fifteen (15) minutes.

Effective the first day of the fall term 2012, preparation time for all teachers with a .75 equivalent full time contract or greater shall be scheduled in blocks of not less than thirty (30) minutes.  However where it is deemed necessary to schedule preparation time in lesser blocks for a part time teacher with less than a .75 equivalent full time contract, preparation time may be scheduled in blocks of not less than fifteen (15) minutes.

22.02 Part time teachers shall be provided preparation time on a pro rata basis based on their percentage of contract.

22.03 The instructional day, exclusive of the midday intermission, shall be five and one-half (5 ½) hours or such time as may be determined by the Minister of Education and Advanced Learning and shall be worked consecutively except where alternative arrangements are agreed to by a representative of the Division, a representative of the Association and the teacher.

22.04 The school year shall be two hundred (200) days or such number of days as may be determined by the Minister of Education and Advanced Learning.

22.05 The Division shall determine the hours of opening and closing of the school day.

22.06 The Division agrees not to petition the Minister of Education and Advanced Learning to extend the instructional day or the school year without the agreement of the Association.

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23. MEAL PERIOD

Except in cases of emergency, or unforeseen similar circumstances, every full-time teacher shall be entitled to an uninterrupted meal period, of fifty-five (55) minutes duration, between 11:00 a.m. and 2:00 p.m. daily, unless the majority of the teachers in a particular school and the administration responsible for that school agree to a different arrangement respecting lunch periods.

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24. TWELVE MONTH SCHOOL YEAR

The provisions of this article shall apply only to the teachers at the Winnipeg Adult Education Centre and the Manitoba Adolescent Treatment Centre, hereinafter called the "Centre", who are assigned to the instructional program operated by the Centre on a twelve (12) month basis.

24.01 It is agreed that for the purposes of this Article, the following terms shall have the following meanings:

(a) Standard School Year -  Standard school year shall mean the teaching days designated by the Minister of Education and Advanced Learning pursuant to Manitoba Regulation 101/95 as it exists of the date hereof, in the ten (10) months commencing the Tuesday immediately following Labour Day and ending in June.

(b) Centre Year -  Centre year shall mean the period beginning the Tuesday immediately following Labour Day and ending the following Labour Day.

(c) Standard Vacations -  Standard vacations shall mean the Spring, Midsummer and Christmas vacations as designated by the Minister of Education and Advanced Learning pursuant to Manitoba Regulation 101/95 as it exists of the date hereof.

(d) School Holidays -  School holidays shall mean the holidays set out in the Public Schools Act and Manitoba Regulation 101/95, as it exists of the date hereof, and in addition Christmas Day, Boxing Day, New Year's Day, July 1st and the first Monday in August.

(e) Cumulative Standard Vacation -  Cumulative Standard Vacation shall mean the sum of the standard vacations.

24.02 (a) A teacher in the Centre may work during the standard vacations provided that in any Centre year, the number of teaching days the teacher works shall be not more than in the current standard school year and provided that the cumulative standard vacation shall be uninterrupted except by mutual consent of the Division and the teacher.

          (b) A teacher may work during the standard vacations but not on school holidays.

          (c) A teacher's instructional day at the Centre may begin and end at times other than those applying in other schools of the Division provided that the instructional day is the same in length.

24.03 Notwithstanding the provisions of Article 23.02 and with the mutual consent of the Division and a teacher in the Centre, the teacher's terms of employment may be modified as follows:

(a) In any Centre year the number of teaching days required of a teacher who has consented may be more or less than in the current standard school year, provided that in this and the following Centre year, the total teaching days required shall be no more than those applying in other schools operating according to the standard school year; and provided that, on the completion of a cycle of two (2) consecutive Centre years in accordance with the foregoing provision, neither of these Centre years shall be taken into account in calculating another cycle of two (2) Centre years.

(b) A teacher shall have a cumulative standard vacation for each standard school year of service.  The cumulative standard vacation may be advanced or deferred so that it occurs at times other than the standard vacations and may be so arranged that in any cycle of two (2) consecutive Centre years, two (2) cumulative standard vacations may be taken consecutively under this provision, they may not be taken to follow immediately after a cumulative standard vacation in the preceding Centre year or immediately preceding a cumulative standard vacation in the following Centre year.

(c) Where the teacher in any Centre year accumulates teaching days in excess of the standard school year, the total of the excess days accumulated shall be brought forward into the next ensuing Centre year and shall be credited to the teacher as if the days had been accumulated in that year.

(d) When a Counsellor in any Centre agrees to work in excess of the standard school year the Counsellor will receive one two hundredth (1/200th) of the Counsellor's then current salary for each day worked.

 24.04 Where pursuant to the arrangements made between the Division and the teacher, it is anticipated that the teacher will be paid salary in advance of rendering service, the teacher shall, at the time of making such arrangements, give to the Division a promissory note in the form of "Schedule I" for the full amount of the salary that will be so prepaid, the said note to be surrendered by the Division when the teacher either (a) has earned the amount by teaching service or (b) has made full payment in cash, or (c) has repaid all prepaid salary by a combination of service and cash, or (d) has not received in advance any portion of the money contemplated.  The said promissory note shall not be negotiated by the Division.

24.05 Notwithstanding anything to the contrary contained in this Agreement, the date that a salary increment becomes payable, hereinafter referred to as "anniversary date", for a teacher employed at the Centre, shall be

(a) in the case of a teacher employed at the Centre as of the 8th day of September, A.D., 1970, the  current anniversary date, and

(b)  the case of a teacher joining the staff in the future, the anniversary date in effect at the time of transfer or assignment to the Centre.

Provided that the anniversary date shall be affected by absence without salary in the same manner as it affects teachers employed in other schools as set out in Article 9.04 (c)(i).

 24.06 The basic salary of a teacher employed under contract at the Centre for a portion of the Centre year, shall be pro rata of the applicable annual schedule rate and shall be governed by the same provisions as the salary of any other teacher covered by this Agreement.

 24.07 The parties to this Agreement will resolve, in the spirit of the foregoing provisions of Article 23, any unforeseen issues arising out of the operation of a Centre on a twelve (12) month basis.

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25. EMPLOYMENT OF COUNSELLORS AND RESOURCE TEACHERS DURING THE SUMMER VACATION

Counsellors who will have a full time counselling program the following year and resource teachers may be employed during the Summer Vacation to carry out such duties for such periods of time as are assigned by the principal.  Such employment shall be voluntary on the part of the counsellors or resource teachers.

Counsellors or resource teachers shall receive during the following school year compensatory time equal to the number of days employed during July and August.  The method and timing of such compensatory time shall be mutually agreed to by the principal and the counsellor/resource teacher.  The details of such arrangement shall be subject to the prior approval of the Superintendent of Schools.

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26. PROVISIONS GOVERNING EMPLOYMENT OF CONSULTANTS

Consultants who are the holders of a valid Manitoba Teaching Certificate, shall enter into whichever form of contract referred to in this Collective Agreement is applicable (Schedule "C" or "D").

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27. TRANSFERS

The Association recognizes the sole right of the Division to assign teachers employed by the Division to schools under its jurisdiction.

Transfers may be made at the initiative of the Superintendent or other administrative officer or at the request of a teacher and for any purpose which, in the judgment of the Superintendent, is best for the welfare of the teacher or the school.

For the purpose of this clause, a transfer shall not include those teachers that are declared surplus to a school.

27.01 Voluntary Transfers

(a) Teachers interested in a transfer shall indicate their interest in writing on or before March 31st of the school year prior to the school year for which the transfer is to be effective.  The Division shall make reasonable efforts to accommodate requests for transfer.

(b) When the Division determines which vacancies to post, those vacancies will then be posted in each school in the Division.

(c) Whenever possible, teachers who have ten (10) or more years of service in one (1) school shall be granted an interview when applying for a bulletined position for which they are qualified.

(d) Teachers requesting voluntary transfers shall have accepted a new school assignment before their present school assignment is declared vacant.

(e) An application for transfer from a teacher shall, upon request by the teacher, be considered confidential, until such time as it becomes necessary to confer with the teacher's present and prospective administrators in making final decisions and arrangements.

27.02 Division Initiated Transfers

(a) The Board's right to initiate a transfer shall be exercised fairly and reasonably having regard to all the circumstances including, in particular, the educational needs of the Division, which shall be the paramount consideration and, as a secondary consideration, the needs of the teacher involved.

(b) Prior to any Division initiated transfer occurring, the Division shall provide to any teacher being considered for such a transfer an opportunity for consultation with respect to the transfer.

(c) The most reasonable notice possible given the circumstances shall be provided to a teacher who is being transferred by the Division.

(d) In exceptional cases, the Division may transfer a teacher on Teacher Improvement Procedures after consultation with the Association and the teacher.

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28. PERSONNEL DEVELOPMENT PROGRAM

The Division will, if there are sufficient applications, provide a minimum ten (10) days leadership training program for not less than twenty (20) teachers.  Five (5) days of the leadership training program will be scheduled during the regular working hours of the teachers and five (5) days of the program will be scheduled at a time other than the teachers' regular working hours.

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29. PARKING FACILITIES FOR EMPLOYEES

Where parking facilities for employees are operated by the Division, they shall be made available for use by members of the staff under the following terms and conditions:

(a) Parking facilities will be provided by the Division where in the opinion of the Division, land is available for this purpose without curtailing the playground requirements of a school.  The Division will levy an annual rent to be paid by employees using the parking facilities.  The annual rental will be equal for all employees using the parking facilities and the aggregate rent will be sufficient to cover the aggregate cost of providing and maintaining all the parking facilities, excluding the cost of providing the land.

The money advanced by the Division, for the construction of parking facilities, shall be repaid, from the rents collected in twenty (20) annual consecutive installments of principal and interest of an approximate equal aggregate annual amount.  In the case of money advanced by the Division to pay for the equity in existing parking facilities, the number of annual installments shall be twenty (20), minus the number of years that the facility being acquired has been in existence.

The money advanced by the Division for the construction of existing parking facilities at the Administration Building, Technical Vocational High School, St. John's, Kelvin, River Heights and David Livingstone Schools, shall bear interest on outstanding balances at the following rate:

                       3% for the First 5 year period 
                       4% for the Second 5 year period  
                       5% for the Third 5 year period  
                       6% for the Fourth 5 year period  

calculated from the date in each instance that the money was advanced by the Division.  All money advanced by the Division, for the construction of other parking facilities including any new facilities to be constructed at the aforementioned locations, shall bear interest at the same rate as the Division is required to pay from time to time on any borrowing from its Bank during the period the advance from the Division remains unpaid.

 It is not intended that there shall be a surplus or deficit from the operation of the parking facilities.

 (b) Nothing herein contained is to be construed as an obligation on the part of the Division to acquire land or any interest in the land for parking purposes.

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30. 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 Article 8 Provisions for Settlement of Disputes During Currency of Agreement.

(b) When such a difference is referred to a Board of Arbitration under Article 8, 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 subclause (i), (ii), (iii) and (iv) above.
 
(c) The written warning(s) shall not include Performance Assessment and Development done pursuant to Policy GCN and/or any regulations and amendments thereto (hereinafter referred to as the policy), except where the implementation of said policy against a person covered by this Collective Agreement is for the purpose of disciplining said person.

(d) The Association agrees that the Division has the right to suspend an employee with or without pay for just cause.

30.01 Complaints

Should the Division receive a serious complaint, in writing, regarding a member of the Association, the Division shall communicate, in writing, the complaint received to the member concerned.  Prior to making any judgment regarding the complaint, the Division shall afford the member an opportunity to appear and answer to that complaint, either personally or by representative.

[View Clause]
[View Article]

31. PERSONNEL FILES AND ADVERSE REPORTS

An employee may at a mutually agreed time review his/her personnel file after submitting a written request for such review to the Director of Human Resources or designate.  The Division will have its representative present when the employee is examining his/her personnel file.

An employee shall have the right to respond in writing to any document contained in the personnel file.

Following written assessment of an employee's performance, the employee will be given an opportunity to review the assessment and to acknowledge having read the contents of the assessment.  The employee will be provided with the opportunity to place his/her own comments on the assessment form up to twelve (12) working days after reviewing the assessment, and the employee will receive a duplicate copy for his/her records.  For the purpose of this article working days shall be defined as those days that the Board Office is open to serve the public. 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 employee has been previously advised of the nature of the discipline and has been provided with a copy of such document on request.

[View Clause]
[View Article]

32. HARASSMENT

The Division and the Association recognize that the problem of harassment may exist.  The parties agree that harassment will not be tolerated in the workplace or in connection with the workplace.  Allegations and investigations of harassment shall be dealt with in confidence.

For the purpose of this article, harassment shall be defined as in the Manitoba Human Rights Code and the Manitoba Workplace Safety and Health Act.

[View Clause]
[View Article]

33. LISTS OF NAMES AND ADDRESSES

Lists of names and addresses of teachers shall be furnished to no one other than a school official or an official of Manitoba Education and Advanced Learning.  A list of teachers' names may be supplied to The Manitoba Teachers' Society.

[View Clause]
[View Article]

34. CONTRACTING OUT

In order to recognize the interest of the Association's members in job security, the Division agrees not to contract out services which are or have been performed by the employees of the Association where such contracting out would result in a reduction in membership within the Association, until:

(a)  the Division has provided to the Association four (4) months written notice of intent to contract out such services, including a report in reasonable detail outlining the nature of the proposed contracting out arrangement, the reasons for the proposed contracting out, the expected benefits, the options considered, and the expected impact on membership within the Association, and

(b)  the Association has had an opportunity to appear before the Board of Trustees to make representations with respect to the matter.

[View Clause]
[View Article]

35. POSITION NOT COVERED BY COLLECTIVE AGREEMENT

If, during the term of this Agreement, the Division creates a new position or category of employment which would be subject to the Agreement, the following provisions shall apply:

(a)  The Division shall notify the Association of the new position or category of employment, and the proposed rate(s) of pay which will be applicable, and

(b)  A representative of the Division and the Association shall meet as soon as possible to negotiate the applicable rate(s) of pay to be incorporated in the Agreement, and

(c) The parties will attempt to reach agreement before any appointment is made hereunder, but if the Division believes in its discretion that there is an urgent need to make an appointment before negotiations are concluded, the Division may do so on the terms which it has proposed, and

(d) In the event that the representatives of the parties are unable to reach agreement, the Division will establish the rate(s) of pay, the matter will then be dealt with in the next negotiations for an amended Collective Agreement under Article 3, subject to the following, namely,

(e) In the event that twelve (12) months have elapsed since the appointment(s) under this Article without a negotiated resolution of the rate(s) of pay, the matter may be submitted to Arbitration in accordance with the provisions of Article 8, and

(f) In any case, salary, allowances and any other terms as agreed by the parties or established by an arbitration board hereunder shall be effective from the date of the appointment(s).

[View Clause]
[View Article]

36. JOINT COMMITTEE

(a) There shall be a committee which shall be known as:  “The WSD/WTA Joint Committee" and shall consist of six (6) members of whom:

      (i)  three (3) shall be members of, and be appointed from time to time by, the Board of Trustees; and

      (ii)  three (3) shall be members of, and be appointed from time to time by, the Association.

(b) One (1) of the members appointed by the Board shall be chairperson of the joint committee; but if the  chairperson is absent from any meeting, one (1) of the other members of the Board Representatives who attends the meeting shall be chairperson of the committee during that meeting.

(c) A person appointed by the administration and the Business Agent of the Association may attend meetings of
 the joint committee in a consultative capacity.

(d) The joint committee shall meet four (4) times per school year, and at such other times as may be fixed by the chairperson after consulting with the members of the committee.

(e)  The joint committee shall:

      (i)    endeavour to promote and maintain communication and cooperation between the Division and the Association in such a manner which will encourage an ongoing free and frank discussion of issues or concerns.

      (ii)    consult on any suggestions or requests made by the Division or the Association with respect to employee service, activities and security, including any working conditions applicable to employees.

      (iii)    not discuss individual grievances.

[View Clause]
[View Article]

37. COMPASSIONATE CARE LEAVE

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

[View Clause]
[View Article]

38. DEFINITIONS

 Department of Education

Whenever used in this Collective Agreement “Education Manitoba” or “Manitoba Education and Advanced Learning,” and “The Department of Education” shall mean the appropriate department within Manitoba Education and Advanced Learning.

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 WINNIPEG SCHOOL DIVISION                  

 _______________________________________
 Chair
 ______________________________________
 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 WINNIPEG TEACHERS' ASSOCIATION,
OF THE MANITOBA TEACHERS' SOCIETY

 _______________________________________
 President

 _______________________________________
 Negotiations Committee Chairperson

 _______________________________________
 Business Agent

[View Clause]
[View Article]

APPENDIX "A"

BASIC SALARY SCHEDULE WITH DENTAL PLAN

GROSS BASIC ANNUAL SALARY SCHEDULE - Effective the 1st day of the fall term 2014, the following salary schedule shall be implemented.

Years of Teaching Experience              
             
Class 1 Class 2 Class 3 Class 4 Class 5 Class 6 Class 7
0 $36,674 $40,636 $43,994 $52,985 $56,804 $60,151 $63,662
1 37,916 41,930 46,072 55,518 59,342 63,235 66,151
2 39,743 44,010 47,889 58,543 62,378 66,272 69,216
3 41,567 46,100 50,800 61,590 65,412 69,305 72,743
4 43,413 48,197 53,850 64,713 68,546 72,368 76,459
5 45,238 50,486 56,900 67,923 71,745 75,781 80,164
6 47,038 54,662 62,289 71,130 74,953 79,363 83,870
7       74,337 78,168 82,939 87,615
8       77,177 81,464 86,513 91,370
9       81,810 86,375 91,568 96,449

GROSS BASIC ANNUAL SALARY SCHEDULE - Effective the 1st day of the fall term 2015, the following salary schedule shall be implemented.

Years of Teaching Experience
Class 1 Class 2 Class 3 Class 4 Class 5 Class 6 Class 7
0 $37,407 $41,449 $44,874 $54,045 $57,940 $61,354 $64,935
1 38,674 42,769 46,993 56,628 60,529 64,500 67,474
2 40,538 44,890 48,847 59,714 63,626 67,597 70,600
3 42,398 47,022 51,816 62,822 66,720 70,691 74,198
4 44,281 49,161 54,927 66,007 69,917 73,815 77,988
5 46,143 51,496 58,038 69,281 73,180 77,297 81,767
6 47,979 55,755 63,535 72,553 76,452 80,950 85,547
7 75,824 79,731 84,598 89,367
8 78,721 83,093 88,243 93,197
9 83,446 88,103 93,399 98,378

GROSS BASIC ANNUAL SALARY SCHEDULE - Effective the 1st day of the fall term 2016, the following salary schedule shall be implemented.

Years of Teaching Experience

 

 

 

 

 

 

 

 

Class 1

Class 2

Class 3

Class 4

Class 5

Class 6

Class 7

 

 

 

 

 

 

 

 

0

$38,155

$42,278

$45,771

$55,126

$59,099

$62,581

$66,234

 

 

 

 

 

 

 

 

1

39,447

43,624

47,933

57,761

61,740

65,790

68,823

 

 

 

 

 

 

 

 

2

41,349

45,788

49,824

60,908

64,899

68,949

72,012

 

 

 

 

 

 

 

 

3

43,246

47,962

52,852

64,078

68,054

72,105

75,682

 

 

 

 

 

 

 

 

4

45,167

50,144

56,026

67,327

71,315

75,291

79,548

 

 

 

 

 

 

 

 

5

47,066

52,526

59,199

70,667

74,644

78,843

83,402

 

 

 

 

 

 

 

 

6

48,939

56,870

64,806

74,004

77,981

82,569

87,258

 

 

 

 

 

 

 

 

7

 

 

 

77,340

81,326

86,290

91,154

 

 

 

 

 

 

 

 

8

 

 

 

80,295

84,755

90,008

95,061

 

 

 

 

 

 

 

 

9

 

 

 

85,115

89,865

95,267

100,346

GROSS BASIC ANNUAL SALARY SCHEDULE - Effective the 1st day of the fall term 2017, the following salary schedule shall be implemented.

Years of Teaching Experience
Class 1 Class 2 Class 3 Class 4 Class 5 Class 6 Class 7
0 $38,727 $42,912 $46,458 $55,953 $59,985 $63,520 $67,228
1 40,039 44,278 48,652 58,627 62,666 66,777 69,855
2 41,969 46,475 50,571 61,822 65,872 69,983 73,092
3 43,895 48,681 53,645 65,039 69,075 73,187 76,817
4 45,845 50,896 56,866 68,337 72,385 76,420 80,741
5 47,772 53,314 60,087 71,727 75,764 80,026 84,653
6 49,673 57,723 65,778 75,114 79,151 83,808 88,567
7 78,500 82,546 87,584 92,521
8 81,499 86,026 91,358 96,487
9 86,392 91,213 96,696 101,851

GROSS BASIC ANNUAL SALARY SCHEDULE - Effective the 1st day of January 2018, the following salary schedule shall be implemented.

Years of Teaching Experience
Class 1 Class 2 Class 3 Class 4 Class 5 Class 6 Class 7
0 $39,308 $43,556 $47,155 $56,792 $60,885 $64,473 $68,236
1 40,640 44,942 49,382 59,506 63,606 67,779 70,903
2 42,599 47,172 51,330 62,749 66,860 71,033 74,188
3 44,553 49,411 54,450 66,015 70,111 74,285 77,969
4 46,533 51,659 57,719 69,362 73,471 77,566 81,952
5 48,489 54,114 60,988 72,803 76,900 81,226 85,923
6 50,418 58,589 66,765 76,241 80,338 85,065 89,896
7 79,678 83,784 88,898 93,909
8 82,721 87,316 92,728 97,934
9 87,688 92,581 98,146 103,379

[View Clause]
[View Article]

SCHEDULE 1 - PROMISSORY NOTE

$________________________________(amount in figures)

___________________________________________________(place and date of Note)

I, ______________________________________________ promise to pay on demand to
                  (Name in Full)

The Winnipeg School Division

the sum of_________________________________________(dollars) ($_________)

at

The Winnipeg School Division
Administrative Offices,
1577 Wall Street East
Winnipeg, Manitoba  R3E 2S5

For Value Received.

 ______________________________________________________
                                                                                   Signature of Maker

 ______________________________________________________
     Date

[View Clause]
[View Article]

MEMORANDUM OF AGREEMENT

MEMORANDUM OF AGREEMENT

BETWEEN THE WINNIPEG SCHOOL DIVISION

- and -

THE WINNIPEG TEACHERS' ASSOCIATION
of THE MANITOBA TEACHERS' SOCIETY

The following sets out the basis of an Agreement made between The Winnipeg Teachers’ Association and The Winnipeg School Division in conjunction with the Collective Agreement between the two parties made as of the 
of  19th day of January, 2016.

1.  Hours of Work - Incumbent Laboratory Assistants

(a)  For those laboratory assistants employed by the Division as at January 1st , 1992 it has been agreed that the full time hours of work for these incumbents will continue to be thirty (30) hours per week, six (6) hours per day for as long as they remain employed on a part time basis unless the individual is granted an increase in assignment, the portion of the increase shall be determined on the basis of thirty-five (35) hours a week as equivalent to full time.

(b)  For those laboratory assistants employed as at January 1st, 1992 and who are subsequently laid off, the Division will pay a retraining allowance of $2,500, half paid on proof of enrolment in a course of retraining, half paid on successful completion.  A laboratory assistant who has been laid off must apply for the retraining allowance within twelve (12) months from the effective date of lay off.  Acceptance of a retraining allowance by a laboratory assistant shall be deemed to be an abandonment of recall rights under the lay off policy.  Laboratory assistants can qualify for the retraining allowance only on one (1) occasion.
  
2.  Additional Vice-Principals

  As a result of the negotiations for a new Collective Agreement, it is agreed that the Division would establish, in addition to those provided by Article 10.02(c), ten (10) vice-principal positions.  These would be established on the following basis:

 a) eight positions currently in place
  
 b) two additional positions to be added September 1st, 2011.

 Placement of these vice-principal positions would be made following consultation with the Association to address situations where the needs of the school and the community warrant additional administrative assistance.

THE WINNIPEG SCHOOL DIVISION                    THE WINNIPEG TEACHERS' ASSOCIATION
                                                                                   of THE MANITOBA TEACHERS' SOCIETY

______________________________                      _______________________________
Chair                                                                          President

______________________________                     _______________________________
Secretary-Treasurer                                                    Business Agent
 

[View Clause]
[View Article]

MEMORANDUM OF AGREEMENT

MEMORANDUM OF AGREEMENT

BETWEEN THE WINNIPEG SCHOOL DIVISION

- and -

THE WINNIPEG TEACHERS' ASSOCIATION
of THE MANITOBA TEACHERS' SOCIETY

The following sets out the basis on an Agreement made between The Winnipeg Teachers’ Association and The Winnipeg School Division in conjunction with the Collective Agreement between the two parties made as of the 19th day of January, 2016.
 
A parking facilities review committee consisting of a representative of the Division, two (2) representatives of the Association, and representatives of the non-teaching Unions shall be appointed annually.  This Committee shall:

 (i) Assess requests from school staffs regarding the establishment or extension of school parking lots and make recommendations to the Division related thereto;

(ii) Review the Annual statement of income and expenditures and make recommendations to the Division related thereto, including the rental rates charged.

THE WINNIPEG SCHOOL DIVISION                    THE WINNIPEG TEACHERS' ASSOCIATION
                                                                                    of THE MANITOBA TEACHERS' SOCIETY


______________________________                     __________________________________
Chair                                                                          President

______________________________                     __________________________________
Secretary-Treasurer                                                   Business Agent

[View Clause]
[View Article]

MEMORANDUM OF AGREEMENT

MEMORANDUM OF AGREEMENT

BETWEEN THE WINNIPEG SCHOOL DIVISION

- and -

THE WINNIPEG TEACHERS' ASSOCIATION
of THE MANITOBA TEACHERS' SOCIETY

ON

MATERNITY LEAVE BENEFITS APPLICATION RULES

The parties agree to the following application rules, terms and conditions clarifying the Maternity Leave Supplementary Unemployment Benefits Plan per Article 20.05.

1. The maternity leave period, which is eligible for payment under this Article, is the first seventeen (17) weeks (the two (2) week waiting period and the next immediate fifteen (15) weeks).

2. Where any portion of the seventeen (17) weeks referenced in (1) above falls during the summer, Christmas Break, Spring Break, or any other period for when the teacher is not earning her salary, that portion of the maternity leave period does not qualify the teacher to receive maternity benefits pursuant to Article 20.05.

3. A specific application or registration for a Supplementary Unemployment Benefits Plan is not required.  The only requirement from Human Resources Development Canada is that the comments section of the Record of Employment confirming that section 38 of the Employment Insurance Regulations are met.

4. Subject to the qualifying period, as set out in paragraph (6), where a teacher had commenced her maternity leave prior to the start of the plan and a portion of the first seventeen (17) weeks falls after the start of the plan, the teacher shall be entitled to receive the paid maternity leave benefit for the portion (if any) of the first seventeen (17) weeks of maternity leave which falls after the start of the plan.

5. Teachers must be under contract to the Division during the period when maternity leave benefits may be paid by the Division in order to be eligible to receive those payments.

6. The qualifying period of seven (7) teaching months must be seven (7) consecutive months in the employ of The Winnipeg School Division, as per the Manitoba Employment Standards Code.  The full seven (7) months qualifying period must be served in order to qualify for any maternity leave payment.  For greater certainty, should a teacher fail to serve the full qualifying period to the start of the maternity leave, then that teacher shall be eligible to receive maternity leave benefits only for that portion of the seventeen (17) weeks referenced in (1) above which occurs after the completion of the seven (7) month qualifying period.

7. The Division requires, from each of the teachers on maternity leave, a copy of the Statement of Finalized Employment Insurance Benefits in order to accurately calculate her entitlement.  This is a document which the teacher should have received (or will receive) from Employment Insurance four (4) to six (6) weeks from the date that she applied for Employment Insurance Benefits.  Should payments to teachers be required prior to receipt of the Statement, an estimate of the correct entitlement will be made with an adjustment made following receipt of the Statement.

8. The appropriate adjustments/application will be substituted to the above clauses when a teacher takes adoptive or parental leave.


Dated at Winnipeg in the Province of Manitoba, this 19th day of January, 2016.


Signed and Agreed to on behalf of:

THE WINNIPEG SCHOOL DIVISION                    THE WINNIPEG TEACHERS' ASSOCIATION
                                                                                    of THE MANITOBA TEACHERS' SOCIETY

______________________________                      _______________________________
Chair                                                                           President

______________________________                     _______________________________
Secretary-Treasurer                                                    Business Agent

[View Clause]
[View Article]

MEMORANDUM OF AGREEMENT

MEMORANDUM OF AGREEMENT

BETWEEN THE WINNIPEG SCHOOL DIVISION

- and -

THE WINNIPEG TEACHERS' ASSOCIATION
of THE MANITOBA TEACHERS' SOCIETY

In accordance with the terms and conditions of The Manitoba Public School Employees Group Life Insurance Plan the following SIB accommodation shall apply to all eligible employees until they leave the employ of the Division:

Eligible employees who were insured for the survivor income benefit as at March 31, 2001, will be insured for an additional 200% of annual earnings with one-half (1/2) of the premium for this amount being paid by the Division and one-half (1/2) being paid by the employee.  The premium for any other additional option amounts of coverage under the Plan shall be fully paid for by the employee.

 

THE WINNIPEG SCHOOL DIVISION                           THE WINNIPEG TEACHERS' ASSOCIATION
                                                                                           of THE MANITOBA TEACHERS' SOCIETY


______________________________                               ____________________________
Chair                                                                                    President

______________________________                              _____________________________
Secretary-Treasurer                                                            Business Agent

[View Clause]
[View Article]

LETTER OF UNDERSTANDING - Substitute Assignment

The Winnipeg School Division
1577 Wall Street East, Winnipeg, Manitoba  R3E 2S5
Telephone:  (204) 775-0231
Fax:  (204) 772-6464
Email:  pclarke@wsd1.org

P.E. CLARKE  M.Ed.
Chief Superintendent

January 19, 2016


Mr. Nathan Martindale, President
Winnipeg Teachers’ Association
202-2639 Portage Avenue
Winnipeg, MB   R3J 0P7

Dear Mr. Martindale,

Re:   Letter of Understanding – Substitute Assignment

The parties agree to refer the issue of substitute teacher assignment and timetable (“the assignment issue”) to the In-School Coverage Committee for further discussion.  The Committee will meet to deal with concerns over the assignment issue beginning not later than February 15, 2007 and will seek to reach a resolution between the parties by June 30, 2007.

The Division will instruct principals to act reasonably and fairly in assigning or adjusting short term substitute teacher timetables.  For extended substitute assignments, the Division will normally assign substitutes the same timetable as the teacher they are replacing, unless otherwise determined at the time of assignment or in unforeseen circumstances.

Pending the conclusion of the Committee’s discussions, the parties will develop contract language regarding the assignment of substitutes, which will be appended to the current collective agreement as an addendum to Article 17.03 (Substitutes).

If either party is dissatisfied with progress or results on the assignment issue in the Committee process, either party may, after June 30, 2007, direct the assignment issue to binding interest arbitration.

The arrangements in this Letter of Understanding are without prejudice to the rights of the parties in the event that interest arbitration is required to resolve the issue.

If the parties are making progress in their deliberations, and it is viewed by the parties that additional meeting(s) would be required in the Fall of 2007, the parties can mutually agree to extend the June 30 deadline.

Yours sincerely,


Pauline Clarke
Chief Superintendent


This will confirm the Association’s agreement with the understanding set forth in the above letter as of this 19th day of January, 2016.


___________________________________        ___________________________________
Business Agent                                                             President 

[View Clause]
[View Article]

LETTER OF UNDERSTANDING - Department Heads / Team Leaders

The Winnipeg School Division
1577 Wall Street East, Winnipeg, Manitoba  R3E 2S5
Telephone:  (204) 775-0231
Fax:  (204) 772-6464
Email:  pclarke@wsd1.org

P.E. CLARKE  M.Ed.
Chief Superintendent


January 19, 2016

Mr. Nathan Martindale, President
Winnipeg Teachers’ Association
202-2639 Portage Avenue
Winnipeg, MB   R3J 0P7

Dear Mr. Martindale,

Re:   Letter of Understanding – Department Heads / Team Leaders

The following sets out the understanding reached between the Winnipeg School Division and the Winnipeg Teachers’ Association, regarding an Elementary School Leadership Model.

Plan:

Based on student enrolment, N-6 schools will receive specified funds for release time of teachers to provide educational leadership within their schools.

Within the context of the school organizational structure, as approved by the Superintendent of Schools, the principal may provide release time to a person or persons who will assist in the improvement of instructional programs and organization of the school.

Release time can be provided for the following areas:

Improvement of Instruction

-  leadership and assistance in the determination of professional development needs with the team and the coordinating of inservice programs;
-  assistance in the review of programs/curricula.

Organization

- participation in the school structure(s) established to obtain input on planning, goal setting and school organization including the development of school policies and procedures;
- coordination of the activities of the team;
- assistance in the preparation and allocation of the school instructional budget.

Teacher Release Time

School Student Count

Number of Teacher Release Days

0-199

8

200-299

12

300-399

16

400-499

20

500-600

24

Yours sincerely,


Pauline Clarke
Chief Superintendent

 

This will confirm the Association’s agreement with the understanding set forth in the above letter as of this 19th day of January, 2016


___________________         _________________________
Business Agent                         President

[View Clause]
[View Article]

LETTER OF UNDERSTANDING - Family Illness Leave/M.T.S. Short Term Disability Plan

The Winnipeg School Division
1577 Wall Street East, Winnipeg, Manitoba  R3E 2S5
Telephone:  (204) 775-0231
Fax:  (204) 772-6464
Email:  pclarke@wsd1.org

P.E. CLARKE  M.Ed.
Chief Superintendent

January 19, 2016


Mr. Nathan Martindale, President
Winnipeg Teachers’ Association
202-2639 Portage Avenue
Winnipeg, MB   R3J 0P7

Dear Mr. Martindale,

Re:   Letter of Understanding – Family Illness Leave/M.T.S. Short Term Disability Plan

The parties agree that should the Winnipeg Teachers’ Association enroll all teachers into the MTS Short Term Disability Plan, the Winnipeg School Division will increase the number of Family Days provided in new Article 20.01a)iii from three (3) days to four (4) days within ninety (90) days of the commencement of the Short Term Disability Plan.

The parties further agree that if after the commencement of the MTS Short Term Disability Plan should the Winnipeg Teachers’ Association cease to participate in the MTS Short Term Disability Plan, the number of Family Days will immediately revert to three (3) days per school year.

At no time will the Winnipeg School Division receive less than 7/12ths of Employment Insurance premium reduction currently received by the Winnipeg School Division.  Should the premium reduction received by the Winnipeg School Division drop below 7/12ths of the current premium reduction received as a result of the Winnipeg Teachers’ Association withdrawing from the MTS Short Term Disability Plan, the Winnipeg Teachers’ Association agrees to pay the Winnipeg School Division the difference from the 5/12ths currently provided to the Winnipeg Teachers’ Association.

Yours sincerely,

 

Pauline Clarke
Chief Superintendent

 


This will confirm the Association’s agreement with the understanding set forth in the above letter as of this 19th day of January, 2016.

___________________________________        ___________________________________
Business Agent                                                             President

[View Clause]
[View Article]

LETTER OF UNDERSTANDING - Report Card Writing

The Winnipeg School Division
1577 Wall Street East, Winnipeg, Manitoba  R3E 2S5
Telephone:  (204) 775-0231
Fax:  (204) 772-6464
Email:  pclarke@wsd1.org

 

P.E. CLARKE  M.Ed.
Chief Superintendent

January 19, 2016



Mr. Nathan Martindale, President
Winnipeg Teachers’ Association
202-2639 Portage Avenue
Winnipeg, MB   R3J 0P7

Dear Mr. Martindale,

Re:   Letter of Understanding – Report Card Writing

The parties agree to set up a joint committee to study the use of administrative days with respect to report card writing.  The committee will consist of three (3) members of the WTA and three (3) members of the WSD.  There will a minimum of three meetings of the committee scheduled prior to spring break 2016, with a report and recommendations to be done by May 31, 2016.

Yours sincerely,

 

Pauline Clarke
Chief Superintendent

 


This will confirm the Association’s agreement with the understanding set forth in the above letter as of this 19th day of January, 2016.

___________________________________        ___________________________________
Business Agent                                                             President

[View Clause]
[View Article]

LETTER OF UNDERSTANDING - Overpayments/Underpayment

The Winnipeg School Division
1577 Wall Street East, Winnipeg, Manitoba  R3E 2S5
Telephone:  (204) 775-0231
Fax:  (204) 772-6464
Email:  pclarke@wsd1.org

P.E. CLARKE  M.Ed.
Chief Superintendent

January 19, 2016


 
Mr. Nathan Martindale, President
Winnipeg Teachers’ Association
202-2639 Portage Avenue
Winnipeg, MB   R3J 0P7

Dear Mr. Martindale,

Re:   Letter of Understanding – Overpayments/Underpayment


1. Where a wage overpayment error has been made in good faith, the Employer shall be entitled to recover any such overpayment from future wages.

2. Once the error is discovered, notice and a detailed breakdown of the error will be given by the Employer to the affected employee and the Association as soon as practicable.

3. In the event the employee retires from, or leaves the employ of the Employer before the Employer is able to fully recover an overpayment as contemplated in this Article, the Employer shall be entitled to make a full recovery at the time of retirement or termination of employment of that employee and reduce accordingly any payments that might be owing to that employee to recover the overpayment.

4. In the event of an underpayment, the Employer will calculate and pay the adjustment within a reasonable period of time.

Yours sincerely,

 

Pauline Clarke
Chief Superintendent


This will confirm the Association’s agreement with the understanding set forth in the above letter as of this 19th day of January, 2016.

___________________________________        ___________________________________
Business Agent                                                             President

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LETTER OF UNDERSTANDING - Validity of Break Period Language Limiting Maternity Leave Top-Up Payments

The Winnipeg School Division
1577 Wall Street East, Winnipeg, Manitoba  R3E 2S5
Telephone:  (204) 775-0231
Fax:  (204) 772-6464
Email:  pclarke@wsd1.org



P.E. CLARKE  M.Ed.
Chief Superintendent

January 19, 2016


Mr. Nathan Martindale, President
Winnipeg Teachers Association
202-2639 Portage Avenue
Winnipeg, MB   R3J 0P7

Dear Mr. Martindale:

Re:  Letter of Understanding – Validity of Break Period Language Limiting Maternity Leave Top-Up Payments

The following sets out the understanding reached between the Winnipeg School Division and the Winnipeg Teachers’ Association of the Manitoba Teachers’ Society (“the Parties”) regarding the validity of the break language in paragraph 2 of the Memorandum of Agreement on Maternity Leave Benefits Application Rules attached to the collective agreement, which language results in teachers being paid less than the maximum top-up benefit of one hundred and thirty-five (135) days set out in Article 20:05 of the collective agreement:

1.   the Parties acknowledge that a similar issue is the subject of a grievance arbitration hearing between the Mountain View Teachers’ Association and the Mountain View School Division (“the Mountain View matter”), which matter is scheduled for September 7 to 9, 2016;

2.   to avoid delays in concluding the collective agreement between the Parties as well as to avoid  litigation the Parties agree to be bound by the final decision of the arbitration board in the Mountain View matter including any subsequent judicial decisions related thereto for the period of time the current collective agreement remains in effect; and

3.   nothing prevents either Party from proposing changes to Article 20:05 and/or the Rules of Application in subsequent collective agreement negotiations.

Yours sincerely,

____________
Chief Superintendent


This will confirm the Association’s agreement with the understanding set forth in the above letter as of this 19th day of January, 2016.

_________________________               _________________________
Business Agent                                            President

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LETTER OF UNDERSTANDING - Temporary Supervising Vice-Principal (B) - Interdivisional Student Support Programs

The Winnipeg School Division
1577 Wall Street East, Winnipeg, Manitoba  R3E 2S5
Telephone:  (204) 775-0231
Fax:  (204) 772-6464
Email:  pclarke@wsd1.org

P.E. CLARKE  M.Ed.
Chief Superintendent

January 19, 2016

Mr. Nathan Martindale, President
Winnipeg Teachers’ Association
202-2639 Portage Avenue
Winnipeg, MB   R3J 0P7

Dear Mr. Martindale,

Re:   Letter of Understanding – Temporary Supervising Vice-Principal (B) – Interdivisional Student Support Programs

The following sets out the understanding reached between the Winnipeg School Division and the Winnipeg Teachers’ Association, regarding Interdivisional Student Support Programs Temporary Supervising Vice-Principal (B).

WHEREAS Manitoba Education and Advanced Learning has approved additional financial support to hire a Vice-Principal for the 2014-2015 school year and has committed to ongoing funding of this position through the financial estimates process each fall.

AND WHEREAS the Division would like to temporarily establish a Supervising Vice-Principal (B) in the Interdivisional Student Support Programs to support the program, administration and student body.

IT IS THEREFORE AGREED THAT:

On a without precedent and/or prejudice basis that the Division may establish a temporary supervising Vice-Principal (B) for the 2014-2015 school year. 

It is further understood that this position will be renewed on a year by year basis, as long as funding from Manitoba Education and Advanced Learning is provided.

Yours sincerely,

 

Pauline Clarke
Chief Superintendent


This will confirm the Association’s agreement with the understanding set forth in the above letter as of this 19th day of January, 2016.

 

___________________________________        ___________________________________
Business Agent                                                             President

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LETTER OF UNDERSTANDING - Other Matters not for inclusion in the Collective Agreement

The Winnipeg School Division
1577 Wall Street East, Winnipeg, Manitoba  R3E 2S5
Telephone:  (204) 775-0231
Fax:  (204) 772-6464
Email:  pclarke@wsd1.org


P.E. CLARKE  M.Ed.
Chief Superintendent

January 19, 2016


Mr. Nathan Martindale, President
Winnipeg Teachers’ Association
202-2639 Portage Avenue
Winnipeg, MB   R3J 0P7

Dear Mr. Martindale,

Re:   Letter of Understanding – Other Matters not for inclusion in the Collective Agreement


1. Preparation Time

 The Division shall ensure that each teacher shall receive their preparation time as provided for in the collective agreement.  Teachers who are required by the school to give up portions of this preparation time to attend to other matters shall be provided time to make up for the lost time.

2. MTS Short Term Disability Plan

 In the event the WTA membership decides by referendum to participate in the MTS Short Term Disability Plan, the Division is prepared, with sufficient time to implement, to facilitate the deduction and remittance of the plan premiums and add a letter of understanding with the standard wording of the Short Term Disability Plan.

 


Dated this 23rd day of February, 2016.


THE WINNIPEG SCHOOL DIVISION                        THE WINNIPEG TEACHERS’ ASSOCIATION
                                                                                        of THE MANITOBA TEACHERS’ SOCIETY


___________________                                                 ________________________         
Negotiations Chair                                                              President


 ___________________                                                _________________________        
Secretary-Treasurer                                                          Business Agent

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CODE OF RULES AND REGULATIONS

CODE OF


RULES


AND


REGULATIONS

 

 

 

Appendix to Collective Agreement between The Winnipeg School
Division and The Winnipeg Teachers’ Association


July 1, 2014 - June 30, 2018

CHAPTER 1
AUTHORIZED SERVICES


Section 1.1   Class Size  -  Elementary School

It shall be the policy of the Board insofar as possible to maintain class size in the elementary schools approximately as follows:

a. Kindergarten  -  up to twenty five (25) pupils.

b. Regular classes above kindergarten  -  a maximum of thirty three (33) pupils.

c. Special classes  -  such numbers as are determined from time to time.


Section 1.2  Secondary School Pupil Teacher Ratio

It shall be the policy of the Board to maintain a ratio of thirty (30) pupils to one (1) teacher in the junior high schools and twenty five (25) pupils to one (1) teacher in the senior high schools.  In computing pupil teacher ratio, all professional employees shall be counted as teachers.  Insofar as possible the maximum class size in the secondary schools shall be thirty five (35).

 

CHAPTER 2
THE ADMINISTRATION OF A SCHOOL


Section 2.1  Duties of Principals

The principal shall be responsible to the Superintendent for administering the general policies and programs of the Division, and for keeping the staff informed about such policies and programs.  Subject to the provisions of "The Public Schools Act", the "Regulations of Manitoba Education and Advanced Learning", this "Code of Rules", and the directives contained in the "Administrative Manual", the principal shall be responsible for the detailed organization of the school, and for the supervision of all personnel working in the school.

In carrying out the above, the principal's powers and duties shall include responsibility for the following:

1. The assignment and supervision of teachers, and the supervision of the instructional program.

2. The general direction and supervision of the work of the custodial staff in the school.

3. The preparation of a list of instructions for the guidance of substitute teachers in the school.

4. Scheduling the time of Faculty of Education students in order that their student teaching will be most profitable to them.  Such students shall not be used as regular substitutes for teachers who are absent from school.

5.  Taking all reasonable precautions to safeguard the health and general well being of the staff and pupils in the school.  To this end, the principal shall see that pupils and staff are adequately trained to make effective any plans necessary for their safety.

6.  The organization of the supervision of pupil activities in school buildings and on school grounds.  The principal shall make provision for the supervision of the school during the noon recess and before assembling in the morning and immediately after dismissal in the afternoon.  In elementary schools this shall be intended to include active supervision of the playground fifteen (15) minutes before commencement of classes in the morning and ten (10) minutes before commencement of classes in the afternoon on days when children are playing outside. 

7. Activities sponsored and conducted by the student organization of the school.  The principal shall accept no responsibility for students engaged in activities that are not part of the school program.

 8. The organization and supervision of school patrols according to the regulations established for such patrols.

 9. Seeing that all rules and regulations with respect to fire prevention and safety are carried out and that all personnel are familiar with "Instructions Relating to Fire Alarms and Fire Drills", "Fire Prevention and Safety" and "Civil Defence Regulations".

10. Seeing that first aid supplies are readily available.

11. The inspection of school grounds and school buildings to see that they are free from hazards which might cause accidents and to notify the proper authorities of any conditions which need to be remedied.

12. Keeping the Superintendent fully advised as to the conditions and needs of the school, and shall submit reports on pupil attendance, promotion, and other matters as required.

13. Evaluating the efficiency of each member of the teaching, clerical, caretaking and other staff, including substitute teachers, as required by the Superintendent and forwarding such reports to the Superintendent.

14. Arranging regular staff meetings for the purpose of discussing educational and administrative matters.

15. Being available as necessary, before school opening in the fall term, to meet with pupils, parents, and members of the supervisory staff.

16. The proper registration of pupils in the school and the maintenance of adequate records.  It shall be the principal's responsibility to see that a pupil's records are forwarded upon request from the receiving school when the pupil transfers to another school.

17. Keeping copies of the "Administrative Manual" and the "Code of Rules" in the school up to date, and informing members of the staff of all revisions.

18. The administration of a system of accounting for all monies from student activities, from cafeterias, from student fees or fines, from entertainments, from gifts, or from other funds belonging to the school or the student body or any student group within the school.  The administration of the School Fund shall be in accordance with the regulations adopted by the Board from time to time governing the holding, administering and expending of monies for the purposes of the school.  He/she shall make provisions for the safe keeping of all monies belonging to the school or School Division.

19. Inspecting the condition of school property and immediately reporting serious damage to the Building Department and to the Police Department.


Section 2.2  Duties of Vice Principals

The vice principal shall assist the principal in the administration of the general policies, programs, and organization of the school.  The vice principal should submit to the principal any specific recommendations deemed necessary or desirable for the improvement of the efficiency of the administration of the school or the improvement of the instructional program.


Section 2.3  Duties of Teachers Designated During Absence of a Principal

During the absence of the principal of a school where there is no vice principal, the Superintendent shall designate a member of the teaching staff of that school to assume the duties and responsibilities of the
principal.

Section 2.4  Duties of Teachers

Teachers shall carry out their duties in accordance with the regulations of Manitoba Education and Advanced Learning and of the school system under the direction of the principal.

1. Teachers shall be responsible for taking all reasonable precautions to safeguard the health and general well being of pupils in their charge and for any or all pupils of the school as assigned by the principal of the school.  They shall enforce the rules governing the conduct of pupils as such rules may be prescribed by Manitoba Education and Advanced Learning, the School Board, the Superintendent, or the principal.  They shall establish conditions and practices in their classrooms that will contribute to the physical and mental health of the pupils and they shall report promptly to the principal any serious accident or illness affecting pupils in their charge.

2. Teachers shall register in person in their respective buildings and be on duty at least fifteen (15) minutes before the opening hour in the morning and five (5) minutes before the opening hour in the afternoon.

3. Teachers shall be responsible for the order in their rooms and the adjacent hall, and during the assembling or dismissing of the school shall, under the direction of the principal, supervise the movement of pupils to and from the room.

4. The following regulations shall be followed when a teacher is absent:

(a) When a teacher is going to be absent, the teacher shall telephone the Absence Reporting and Substitute system or any other place that may be designated by the Administration and record the absence, the reason for the absence, and whether or not the absence requires a substitute, prior to 7:15 a.m. on the morning of the day on which the substitute is required.

(b) If a teacher is going to cancel an absence previously recorded on the Absence Reporting and Substitute System, the teacher shall telephone the System to cancel.  If the cancellation is less than 24 hours prior to the start of the absence, or part-way through the absence, the teacher shall telephone the System Help Line to cancel.  In the case of a teacher returning in the afternoon, the teacher shall telephone the System Help Desk and the school before 11:00 a.m.

(c) When, through the default of a teacher, a substitute reports for duty and is not required, the teacher concerned will be charged with the salary of the substitute, for the extra session.

(d) When a teacher requires a substitute for an absence other than illness, after permission for leave has been granted, the teacher shall make the request as far in advance as possible, stating the specific length of time for which the substitute will be required.

 5. Teachers shall keep all records required.

 6. In inclement weather teachers shall see that young pupils are properly clad before they are permitted to go outside and that outdoor clothing is removed when pupils are in the school.

 7. Teachers shall require personal cleanliness from pupils.

 8. Teachers shall administer any marking system or other means of evaluating pupils' achievement that may be instituted for the school and they shall report to parents the progress of their children as directed by the principal.

  9. Unless expressly excused, teachers shall attend all meetings called by the Superintendent or principal during any school day for the purpose of discussing matters of concern to the school.

10. It shall be the responsibility of every teacher, insofar as it is reasonably possible, to see that adequate plans and instructions are available at any time when it is necessary for a substitute teacher to take over the regular work of the teacher.

11. Before leaving the school at the end of the day, teachers shall be responsible for seeing that all children under their direction are dismissed.

12. Under the direction of the principal, it shall be the duty of the teachers of each school to maintain regular supervision of the playground.

13. Teachers shall be familiar with bulletins and regulations issued by Manitoba Education and Advanced Learning and The Winnipeg School Division.


Section 2.5  Duties of Department Heads

Department heads in secondary schools shall be responsible, under the principal, for the improvement of instruction in their subject fields.  Any administrative duties shall be subsidiary to this purpose.  In executing their duties, department heads should seek to identify the needs and opportunities in their areas of responsibility, should make specific suggestions to the principal, and should work in cooperation with other teachers in their departments.

In carrying out the above, the duties of a department head shall include the following:

1. To assist the principal, in cooperation with heads of other departments, in the general organization and management of the school.

2.    To be responsible to the principal for the organization and direction of the department.

3.    To supervise the preparation of:

        a)  Details of the courses of study; and

        b)  The examinations for the department.

4. To maintain professional knowledge of the subject field at a high level in order to be able to provide leadership within the school and within the system.

5. To arrange, in consultation with the principal, for meetings of the teachers in the department to discuss matters relating to the department and to exchange ideas on teaching problems.

6. To prepare for the principal an annual statement for budget purposes of the supplies and equipment required for the department.

7.    To requisition, through the principal, equipment and supplies for the department.

8.    To maintain a current inventory of the equipment in the department.

9. To be responsible for the maintenance and care of equipment and supplies under the department head's charge.

10. To maintain close liaison with department heads in the same field in other schools.

11. To serve, along with department heads in the same field from other schools, on any advisory committees which may be established by the Assistant Superintendent in charge of Secondary Schools.

NOTE:

Department heads in the Technical Vocational High School shall have the following additional duties related to the Evening School Program:  They shall advise and assist the Evening School principal in the planning of courses for their departments, in the selection of teachers, in the counselling of students, in the allotment and control of supplies, in the testing and recording of student achievement and in the general supervision of the program in their departments.  This is not intended, however, to require their regular presence in the school in the evening, nor is it intended to prevent their service as counsellor registrars or as teachers at regular teaching rates if circumstances make it advisable for them to be so engaged.

Section 2.6  Duties of Substitute Teachers

Substitute teachers shall perform, as far as possible, all the duties of the teachers for whom they substitute and shall observe the regulations which apply to teachers on the regular staff.  The details of their duties shall be those as set forth by the Superintendent.


Section 2.7  Laboratory Assistants

Laboratory assistants shall be responsible to the principal and the science department head, and shall carry out
such duties as are assigned to them.

Without in any way restricting the generality of the foregoing, the laboratory assistant shall be responsible for:

1. Care of laboratory equipment

2. Preparation of laboratories for student experiments

3. Marking student laboratory notebooks.

 

CHAPTER 3
PUPILS


Section 3.1  Discipline

Teachers shall exercise such discipline as might be exercised by a kind, firm, and judicious parent, avoiding carefully all display of temper, abstaining from all contemptuous language and from ridicule, and from all modes of punishment calculated to injure the self respect of the pupil.  In this respect, teachers are enjoined to avoid strictly any uncomplimentary reference, however indirect, to the home of the pupil or to any member of the pupil's family.

 

CHAPTER 4
INSTRUCTIONAL STAFF


Section 4.1   Qualifications for Appointment as Teacher

In making recommendations for appointments, the Superintendent shall give preference to those applicants with the highest qualifications.  The qualifications required shall be a composite of those factors which are essential and desirable for a position on the teaching staff and shall include: educational qualifications, personal qualifications as determined through interviews and references, teaching experience, special qualifications or training required for a particular position, and any evidence of special experience or capacity that would contribute to the teacher's effectiveness in the Winnipeg School Division schools.


Section 4.2   Assignment of Staff

A teacher shall be assigned to a specific position by or under the direction of the Superintendent, and may be transferred to any other position for which the teacher is qualified.  Transfers which involve promotion or demotion of a teacher to, or in, or from administrative or supervisory positions shall be submitted to the Board for approval.

Each teacher shall be given at least twenty (20) teaching days' notice by registered mail of any intended reduction of the teacher's salary by reason of a change in the teaching position, and the rights of the teacher as provided in the individual teacher's contract, or of the Association as provided in the Collective Agreement shall be available to such teacher and/or the Association.

After two (2) years, no employee in an administrative or supervisory position shall suffer a reduction in salary or position until:

1. First receiving notice in writing of the specific reason or reasons why such reduction in salary or position is contemplated, and

2. Such employee shall have the opportunity of a hearing, and to make representation in person or through a representative to the Board in camera to answer the complaint.


Section 4.3   Transfer of Employees

Transfers may be made at the initiative of the Superintendent or other administrative officer or at the request of the teacher, and for any purpose which, in the judgment of the Superintendent, is best for the welfare of the teacher or the schools.

All requests for transfers, whether for the individual or for a subordinate, shall be submitted in writing with an explanation of the reasons for such a request.

An application for transfer from a teacher shall, upon request by the teacher, be considered confidential, until such time as it becomes necessary to confer with the teacher's present and prospective superior officers in making final decisions and arrangements.


Section 4.4   Promotion

The criteria and procedures used by The Winnipeg School Division in the selection of personnel for appointment to principalships, vice principalships, and other administrative positions shall be determined by the Superintendent.  While preference will normally be given to candidates who best meet these criteria, consideration may also be given to candidates who are outstanding teachers and who meet the requirements for a certain position but who do not conform to all the established criteria.  Therefore, while the following items are not completely definitive, they provide guidelines for making appointments.

Experience   Preference will be given to candidates who are intimately acquainted with many phases of the school system.  Experience at different grade levels, in special programs, at different schools, and under different principals is desirable.  Candidates who have a wide knowledge of the school system should be better suited, other factors being equal, to perform the administrative tasks.  The amount of time necessary to gain a broad experiential background is considered to be at least ten (10) years' service in the school system.

Education   The minimum educational qualifications for appointment to an administrative position shall be the first bachelor's degree with one (1) year of graduate study in education (e.g., B.A., B.Ed.).  Preference will be given to candidates who hold Masters' degrees.

Scholarship   Preference will be given to candidates who have attained at least second class standing in their last two (2) years of university education.

Physical and Mental Fitness   Candidates for administrative positions should be in good physical and mental health.

Personal Factors   Because testing instruments have not yet been developed which can measure an individual's personality, the assessment of this criterion depends upon the subjective judgment of the selectors.  To maintain good interpersonal relationships, to make sound decisions, and to possess the necessary drive and enthusiasm to stimulate others, are some of the essential qualities of a good administrator.  These supplement or include the following factors in which candidates should rate high:  leadership, ability to teach, character, interest in and liking for children, ability to get along with people, organizing and executive ability, tact and diplomacy.

In selecting personnel for appointment to administrative positions, the Superintendent may employ any or all of the following procedures:  a test of analytical ability, a written analysis of a hypothetical educational situation, classroom visit from the Superintendent or one of the Superintendent's assistants, a rating of administrative potential by the principal, and a personal interview.

 

CHAPTER 5
LEAVE OF ABSENCE

Section 5.1   Absence for Personal Business

1. Procedure for securing permission

Teachers shall not absent themselves from duty for reasons of personal business without first securing permission from the Superintendent.  All requests for such approval shall be made through the principal on the form prescribed.  In the case of an emergency where approval cannot be secured in advance, the teacher shall report to the principal at the earliest opportunity.

2. Salary provisions

(a) When permission for leave has been granted no deductions from salary shall be made when teachers are absent for the following reasons:

      (i) To attend a convention or meeting of an organization with a program relevant to the teacher's work.  (Limit, five (5) school days).

      (ii) To deliver an address before an educational body.

      (iii) To attend convocation to receive a university degree.

     (iv) An employee will be granted bereavement leave of five (5) consecutive working days without loss of salary in the event of the death of a spouse, common-law partner, child, step-child, mother, step-mother, father, step-father, brother, or sister, as well as for any other relative who was a member of the household. Such days may be taken only in the period which extends from the date of death up to and including the day following interment, or five (5) consecutive working days following the death, whichever is the greater. One (1) bereavement leave day may be retained at the employee’s request for use in the case where actual interment or cremation is at a later date, or two (2) of five (5) days where travel is required.

    Full salary shall be deducted for absence for this purpose beyond five (5) days unless otherwise approved by the Superintendent.

      (v) To attend the funeral of a relative outside the immediate family who was not a member of the household, an allowance of up to one (1) day.  For the purposes of this article a relative is defined as an uncle, aunt, cousin, niece or nephew or a spouse or partner’s (as defined in clause (x)(i) below) grandparents, uncle, aunt, cousin, niece or nephew.

      (vi) In the event of the death of a mother-in-law, father-in-law, sister-in-law, brother-in-law, son-in-law, daughter-in-law, grandchild or grandparent, who is not a member of the employee’s household, three (3) consecutive working days’ leave without loss of salary will be granted and an additional two (2) consecutive days’ leave may be granted with loss of salary at the substitute rate.  Such days may be taken only in the period which extends from the date of death up to and including the day following interment, or three (3) (five (5) if additional loss of salary days granted) consecutive working days following the death, whichever is the greater.  One (1) bereavement leave day may be retained at the employee’s request for use in the case where actual interment or cremation is at a later date, or two (2) of three (3) days where travel is required.

       (vii) If an employee is absent on sick leave, a statutory holiday, break periods or is absent from the service of the Division for any reason whatsoever, then the employee will not be granted bereavement leave in addition to any one of the aforesaid absences except as allowed under the collective agreement.

           Notwithstanding the above an employee may retain one (1) bereavement leave day for use in the case where actual interment is at a later date or two (2) days where travel is required.

      (viii)  For quarantine of place of residence, a period not exceeding five (5) days to permit the teacher to   secure other accommodation and eliminate any possibility of carrying infection into the school.

      (ix) For up to one (1) day in the case of a teacher for either the birth of that teacher's child or children resulting from that teacher's spouse's or partner's pregnancy or the serious illness of that teacher's spouse or partner directly related to the pregnancy provided, however, if the entitlement to the leave is not taken then this entitlement shall cease two (2) days after the spouse or partner is discharged from hospital.  Partner shall be defined as set out in clause (x)(i) below.

               (i) For the purpose of Section 5.1 2 (a) (iv), (v) (vi) and (x), Partner shall be defined as being where a teacher establishes that he/she has been residing with a person of the same gender and has lived with that person in a marriage-like relationship for at least twelve (12) months and has publicly represented that person as his/her spouse, that person shall be deemed to be the same gender partner of the teacher.

      (x) For up to one (1) day for the purpose of adopting a child.

      (xi) For up to one (1) day in any case which the Superintendent may determine as sufficient to warrant such leave.

      (xii) Each teacher, subject to the availability of a suitable substitute, shall be entitled to one (1) (two (2) days effective September 2015) days leave of absence for personal reasons at no cost to the teacher.  The Division shall not require teachers to provide reasons for their requests for personal leave.

 Unless there are extenuating circumstances, request for a leave is on a first come, first served basis.  In schools with forty (40) or more equivalent full time teachers no more than three (3) teachers shall be granted leave on the same day.  In schools with less than forty (40) full time equivalent teachers no more than two (2) teachers per school shall be granted leave on the same day.

 The personal leave day shall be used in its entirety.  Personal leave may accumulate from one school year to the next to a maximum of two (2) days (three (3) days effective September 2015).  Teachers employed on a part time basis who have a Schedule C or D contract shall be entitled to one day of leave of absence for personal reasons pro rated based on full time equivalency. The personal leave day(s) a part-time teacher is entitled to are pro-rated based on full-time equivalency, for clarity a one half time teacher is entitled to one half of a full time equivalent day (x2).

 Teachers shall not be granted leave for the following days, except as may be approved by the Director of Human Resources:

        a)   On any in service day, parent teacher day or administration day designated by the Division or school;

        b)   To extend the time off for Winter, Spring or Summer breaks.

        Personal leave days may not be combined with other discretionary days where the combined total number of consecutive work days is greater than three (3).

(b) When permission for leave has been granted, deductions from salary will be made when teachers are absent for the following reasons:

       (i) In the case of absence for an approved purpose, which involves financial recompense for a teacher, the amount of this recompense may be deducted from the teacher's regular salary up to the amount that the teacher would have earned during the period of absence.

      (ii) In the case of absence for a purpose, including personal business, approved by the Superintendent, a teacher may receive regular salary less the rate for a substitute in the teacher's salary classification.

      (iii) In the case of absence for a short leave granted for study approved by the Superintendent, allowances shall be made as follows:

               (i) No deduction if the teacher is in receipt of a School Division bursary or has been specially requested by the School Division to undertake a course.

               (ii) No deduction for first five (5) days, the minimum rate for a substitute on  the same class for the next five (5) days, and, for each day thereafter, the actual cost of the substitute.


Section 5.2   Leave of Absence

1. Any teacher may be granted leave of absence for study for one (1) year and such leave may be extended if necessary to complete a program of study.  Teachers who have not completed two (2) years of service shall not be eligible for leave of absence for any reasons other than study or illness.

2.  Teachers who have completed two (2) years of service shall be eligible for leave of absence for study or for other purposes subject to the following:

(a) All requests for leave of absence shall be made through the principal by letter to the Superintendent for referral to the Board.

(b)  Applications for leave of absence for the ensuing school year shall be filed with the Superintendent not later than the last teaching day in April.  Where leave is requested during the school year, applications shall be filed with the Superintendent, where possible, at least thirty (30) days prior to date on which leave is requested.

(c) Leave of absence may be granted for a period not to exceed one (1) year.  Applications for extension of leave will be accepted subject to any special regulations governing the type of leave requested.

(d) Teachers granted leaves of absence will be provided, at the termination of the leave, the same or a comparable position to that held immediately preceding the taking of leave provided the teacher on leave notifies the Division no later than the first teaching day of April in any school year prior to the next school year of their intention to return to teach in the Division.  Where a teacher has failed to notify the Division by the first teaching day of April of his/her intention to return, that teacher will be notified no later than May 31st that their contract has been terminated.

(e) Leave of absence may be granted for reasons of health or for partial or suspected disability.  Such applications shall be supported by a report from the teacher's medical attendant setting forth the diagnosis.

(f) Leave of absence may be granted for personal reasons such as illness in teacher's family, provided that the maximum period for which such leave may be extended shall be limited to three (3) years.
 
(g) Leave of absence may be granted in order that teachers may engage in educational work other than teaching provided that leave for this purpose shall be limited to one (1) year.

(h) Teachers may be granted leave of absence for the purpose of undertaking a teaching assignment sponsored by the Department of Foreign Affairs of the Government of Canada or other similar assignments provided that the maximum period for which such leave may be extended shall be limited to three (3) years.

(i) Teachers may be granted leave of absence to engage in teaching elsewhere when in the opinion of the School Division, there are extenuating circumstances to warrant the granting of such leave.  Leave for this purpose shall be limited to one (1) year.

(j) Teachers may be granted leave of absence to engage in an occupation other than teaching, (provided that leave for this purpose shall be limited to one (1) year) when, in the opinion of the School Division, there are extenuating circumstances to warrant the granting of such leave.  Leave for this purpose shall be limited to one (1) year.

(k) Teachers may, upon filing a prior written request with the Division and furnishing proof of the reason for the request, be granted a leave of absence without pay up to a maximum of ten (10) weeks for parental leave.

(l) Leave of absence may be granted for temporary service in the armed forces during peace time.

(m) Time spent on leave of absence shall not be used for determining entitlement to annual salary increments, except as provided in Article 9.04(a) of the Collective Agreement.

 

 Appendix B - Excerpt of Policy GCBD From The Winnipeg School Division Policy Manual

 

1. MATERNITY LEAVE

1.1 General
1.1.1 An employee who is pregnant is eligible for maternity leave in accordance with the Manitoba Employment Standards Code.  Every effort will be made by the Division in conjunction with the employee's attending physician to protect the health and safety of the pregnant employee.

1.1.2 Employees must submit an application in writing for maternity leave at least four (4) weeks before the date specified in the application as the day the leave is to commence.

1.1.3 Employees must provide the Division with a certificate from a duly qualified medical practitioner certifying that the employee is pregnant and specifying the estimated date of delivery.

1.1.4 Maternity leave shall consist of a period, not exceeding seventeen (17) weeks if delivery occurs on or before the date of delivery specified in the certificate referred to in 1.1.3.

1.1.5 Maternity leave shall consist of a period, of seventeen (17) weeks plus an additional period equal to the period between the date of delivery specified in the certificate referred to in 1.1.3 and the actual date of delivery, if the delivery occurs after the date specified in the certificate.

1.2 Commencement and Termination Dates of Leave
1.2.1 Maternity leave granted to an employee in accordance with Section 1.1 shall commence no earlier than seventeen (17) weeks preceding the date specified in the certificate referred to in 1.1.3 and shall terminate no later than seventeen (17) weeks following the actual date of delivery.

1.2.2 An employee may terminate the maternity leave earlier than the day set out in 1.2.1 by giving written notice not less than one pay period prior to the day the employee wishes the leave to terminate.

1.3 Special Leave Related to Pregnancy
An employee who does not submit an application for maternity leave in accordance with clause 1.1.2, but who except for the non-compliance with that clause would have been eligible for maternity leave, is entitled to and shall be granted leave consisting of:

1.3.1 such period or periods within the seventeen (17) weeks immediately preceding the estimated date of delivery as certified by a duly qualified medical practitioner, if the Division is provided with a certificate from a duly qualified medical practitioner stating that during the period or periods mentioned in the certificate the employee:
 (i) was incapable of performing the normal duties of employment, or
(ii) will be incapable of performing the normal duties of employment, by reason of a medical condition that is or was directly attributable to her pregnancy;

1.3.2 such further period granted under 1.3.1 when added to the leave granted under clause 1.3.1 will not exceed the amount of maternity leave to which an employee is entitled.

1.4 Special Entitlement to Leave
An employee who does not apply for maternity leave under subsection 1.1.2 or 1.3.1 shall be granted leave for a period not exceeding the period of maternity leave to which she is entitled under subsection 1.1.4 or 1.1.5.

1.5 Limitation
 Notwithstanding anything contained in subsections 1.3 and 1.4, leave granted to an employee under any of those subsections shall terminate no later than seventeen (17) weeks following the actual date of delivery.

1.6 Supplemental Unemployment Benefit Plan (Maternity)
1.6.1 An employee except those covered by the Canadian Union of Public Employees, Local 110, and Trades Agreements taking maternity leave pursuant to this section shall be entitled to receive pay for the period of leave up to seventeen (17) weeks in the amount of ninety percent (90%) of the salary being received at the time the leave was taken, this pay to include any benefits received from Human Resources Development Canada (HRDC) to a Supplemental Unemployment Benefits (SUB) Plan.
 
1.6.2 With respect to the period of maternity leave, payments made according to the SUB Plan will consist of the first seventeen weeks as follows:
a) For the first two weeks (waiting period) payment equivalent to ninety percent (90%) of gross salary, and

b) For up to the next immediate fifteen (15) additional weeks payment equivalent to the difference between the Employment Insurance benefit the employee is eligible to receive and ninety percent (90%) of gross salary.

1.6.3 Where an employee intends to take additional leave, that employee must commence the leave immediately following expiry of the maternity leave without a return to work after the expiry of the maternity leave.

1.6.4 An employee taking additional leave is entitled, provided the terms and conditions of the Master Policies so provide, to prepay the cost of such benefit plans for the duration of the leave.  Where the employee prepays the cost, such payment will include both the employee’s and Division’s share of the costs.

1.6.5 The HRDC start date for the maternity leave waiting period is the start date for which an employee is eligible for payment under this section.

1.6.6 For ten (10) month employees where any portion of the seventeen (17) weeks of maternity leave falls during the summer break, winter break, spring break or any other period when the employee is not earning salary, the employee is not entitled to receive top up benefits for that portion of the maternity leave.

1.6.7 Subject to the qualifying period being met where an employee has commenced maternity leave prior to the adoption of this policy and a portion of the first seventeen (17) weeks falls after that date, the employee shall be entitled to receive the paid maternity leave benefit for that portion (if any) of the first seventeen (17) weeks of maternity leave that falls after the date of adoption of the policy.

1.6.8 A specific application or registration for a SUB Plan is not required.  The only requirement from HRDC is that the comment section of the Record of Employment confirm that the conditions of Section 38 of the Employment Insurance Regulations are met.

1.6.9 Employees must be regular full time or part time employees (not term/temporary) of the Division during the period when maternity leave benefits may be paid by the Division in order to be eligible to receive those payments.

1.6.10 The qualifying period of seven (7) consecutive months in the employ of the Division must be served as per the Employment Standards Code in order to qualify for any Supplemental maternity leave payment.  Should an employee fail to serve the full qualifying period prior to the start of the maternity leave, then that employee shall be eligible to receive maternity leave benefits only for that portion of the seventeen (17) weeks which occurs after the completion of the seven (7) month qualifying period.

1.6.11 The Division requires each employee on maternity leave, to provide a copy of the letter from HRDC that confirms their approval with effective dates for maternity benefits in order to calculate benefits accurately.

1.6.12 Employees not eligible for maternity leave benefits from HRDC shall not be eligible for the Supplemental Unemployment Benefits Plan.

1.6.13 Should payments to employees be required prior to receipt of the statement from HRDC, an estimate of the entitlement will be made with an adjustment made following receipt of the statement.

 
1.7 Parental Leave (Maternity)
1.7.1 An employee who becomes the natural mother of a child is eligible for parental leave without pay.

1.7.2 Employees must submit an application in writing for parental leave at least four (4) weeks before the date specified in the application as the day the leave is to commence.
 
1.7.3 Employees taking parental leave in addition to maternity leave must commence the parental leave immediately on expiry of the maternity leave without a return to work after expiry of the maternity leave and before the commencement of the parental leave.

1.7.4 Parental leave shall consist of a period not exceeding thirty-seven (37) consecutive weeks.

1.7.5 An employee who gives less notice than specified in 1.7.2 shall be eligible for a period of parental leave of thirty-seven consecutive weeks less the number of days by which the notice given is less than four weeks.

1.7.6 An employee may terminate the parental leave earlier than the date set out in 1.7.4 or 1.7.5 by giving written notice not less than one pay period prior to the day the employee wishes the leave to terminate.

1.8 Reinstatement of Employee
 An employee who wishes to resume employment on the expiration of leave granted in accordance with this section shall be reinstated by the Division in the position occupied at the time such leave commenced or in a comparable position with not less than the same wages and benefits.

1.9 Employment Deemed Continuous
 For the purpose of calculating pension and other benefits of an employee to whom leave is granted in accordance with Sections 1.1 and 1.7 employment after the termination of that leave shall be deemed to be continuous with employment before the commencement of that leave.

1.10 Additional Personal Leave for Staff
 Additional personal leave following parental leave may be granted to an employee provided mutually satisfactory agreement can be concluded between the Division and the employee.

1.11 Authorization for Leave
 The Chief Superintendent or designee is authorized to grant leaves in accordance with the Maternity Leave section, with the exception that additional leave requested in accordance with section 1.10, shall require approval of the Board.

2. PARENTAL LEAVE (SPOUSAL)

2.1 General
2.1.1 An employee who has become the natural father of a child or whose common law spouse becomes the natural parent of a child, or who assumes actual care and custody of their common law spouses newborn child is eligible for parental (spousal) leave without pay in accordance with the Manitoba Employment Standards Code.

2.1.2 Employees must submit an application in writing for parental leave (spousal) at least four (4) weeks before the date specified in the application as the day the leave is to commence.

2.1.3 Parental Leave (spousal) shall consist of a period not exceeding thirty-seven (37) weeks subject to 2.1.4, 2.2.1 and 2.2.2 following.

2.1.4 An employee who gives less notice than specified in 2.1.2 shall be eligible for a period of parental leave (spousal) of thirty-seven consecutive weeks less the number of days by which the notice given is less than four weeks.
 

2.2 Commencement and Termination of Leave
2.2.1 Parental leave (spousal) shall commence no later than the first anniversary date of the birth of the child or of the date on which the child comes into the actual care and custody of the employee.

2.2.2 An employee may terminate the parental leave (spousal) earlier than the date set out in 2.1.3 or 2.1.4 by giving written notice not less than one pay period prior to the day the employee wishes the leave to terminate.

 
2.3 Reinstatement of Employee
 An employee who wishes to resume employment on the expiration of leave granted in accordance with this section shall be reinstated by the Division in the position occupied at the time such leave commenced or in a comparable position with not less than the same wages and benefits.

2.4 Employment Deemed Continuous
 For the purpose of calculating pension and other benefits of an employee to whom leave is granted in accordance with this section, employment after the termination of the leave shall be deemed to be continuous with employment before the commencement of the leave.

2.5 Additional Personal Leave
 Additional personal leave may be granted to an employee provided a mutually satisfactory agreement can be concluded between the Division and the employee.

2.6 Authorization for Leave
 The Chief Superintendent or designee shall be authorized to grant leaves in accordance with the Parental Leave (Spousal)  Section, with the exception that additional leave requested in accordance with Section 2.5 shall require approval of the Board.

3. ADOPTIVE LEAVE

3.1 General

3.1.1 An employee who has adopted a child is eligible for adoptive leave in accordance with the Manitoba Employment Standards Code.

3.1.2 Employees must submit an application in writing for adoptive leave at least four (4) weeks before the day specified in the application as the day the leave is to commence.

3.1.3 Adoptive leave shall consist of a period, not exceeding thirty-seven (37) weeks subject to 3.1.4, 3.2.1 and 3.2.2.

3.1.4 An employee who gives less notice than specified in 3.1.2 shall be eligible for a period of adoptive leave of thirty-seven (37) consecutive weeks less the number of days by which the notice given is less than four weeks.

3.2 Commencement and Termination of Leave

3.2.1 Adoptive leave shall commence no later than the first anniversary date of the adoption of the child or of the date on which the child comes into the actual care and custody of the employee.

3.2.2 An employee may terminate the adoptive leave earlier than the date set out in 3.1.3 or 3.1.4 by giving written notice not less than one pay period prior to the date the employee wishes the leave to terminate.

3.3 Supplemental Unemployment Benefits Plan (Adoptive)

3.3.1 An employee except those covered by the Canadian Union of Public Employees, Local 110, and Trades Agreements taking adoptive 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 HRDC to a SUB Plan.  The implementation of this clause is subject to the successful arrangement of a SUB Plan with HRDC.

3.3.2 In respect of the period of adoptive leave, payments made according to the SUB Plan will consist of the first ten (10) weeks as follows:
 
a) for the first two (2) weeks (waiting period), payment equivalent to his/her ninety percent (90%) of gross salary, and
b) for up to the next immediate eight (8) weeks payment equivalent to the difference between the Employment Insurance benefit the employee is eligible to receive and ninety (90%) of his/her gross salary.

3.3.3 Where the employee intends to take additional leave, the employee must commence the leave immediately on expiry of the adoptive leave without a return to work after expiry of the adoptive leave.
 

3.3.4 An employee taking additional leave is entitled, provided the terms and conditions of the Master Policies so provide, to prepay the cost of such benefit plans for the duration of the leave.  Where the employee prepays the cost, such payment from the employee will include both the Division and employees’ share of the costs.

3.3.5 The HRDC start date for the adoptive leave waiting period is the start date for which an employee is eligible for payment under this section.

3.3.6 For ten (10) month employees where any portion of the ten (10) weeks for adoptive leave top-up falls during the summer break, winter break, spring break, or any other period for when the employee is not earning salary, the employee is not entitled to receive adoptive leave benefits pursuant to this Article for that portion of the adoptive leave period.

3.3.7 Subject to the qualifying period being met, where an employee has commenced adoptive leave prior to the date of adoption of this policy, and a portion of the first ten (10) weeks falls after that date, the employee shall be entitled to receive the paid adoptive leave benefit for that portion (if any) of the first ten (10) weeks of adoptive leave that falls after the date of adoption of the policy.

3.3.8 A specific application or registration for a Supplemental Unemployment Benefits Plan is not required.  The only requirement from HRDC is that the comment section of the Record of Employment confirm that the conditions of Section 38 of the Employment Insurance Regulations are met.

3.3.9 Employees must be regular full or part-time employees (not term/temporary) of the Division during the period when adoptive leave benefits may be paid by the Division in order to be eligible to receive those payments.

3.3.10 The qualifying period of seven (7) consecutive working months in the employ of the Division must be served, as per the Employment Standards Code, in order to qualify for any adoptive leave payment.  For greater certainty, should an employee fail to serve the full qualifying period prior to the start of the adoptive leave, then that employee shall be eligible to receive adoptive leave benefits only for that portion of the ten (10) weeks which occurs after the completion of the seven (7) month qualifying period.

3.3.11 The Division requires, from each employee on adoptive leave, a copy of the letter from HRDC that confirms their approval with effective dates for adoptive benefits in order to accurately calculate her entitlement.

3.3.12 Employees not eligible for adoptive leave benefits from HRDC shall not be eligible for the Supplemental Unemployment Benefits Plan.

3.3.13 If both adoptive parents are employed by the Division only one employee shall be eligible for the Supplemental Unemployment Benefits Plan.

3.3.14 Should payments to employees be required prior to receipt of the Statement, an estimate of the correct entitlement will be made with an adjustment made following receipt of the Statement.

3.4 Reinstatement of Employee
 An employee who wishes to resume employment on the expiration of leave granted in accordance with this section shall be reinstated by the Division in the position occupied at the time such leave commenced or in a comparable position with not less than the same wages and benefits.

 
3.5 Employment Deemed Continuous
 For the purpose of calculating pension and other benefits of an employee to whom leave is granted in accordance with this section, employment after the termination of the leave shall be deemed to be continuous with employment before the commencement of the leave.

3.6 Additional Personal Leave
 Additional personal leave may be granted to an employee provided a mutually satisfactory agreement can be concluded between the Division and the employee.

 
3.7 Authorization for Leave
 The Chief Superintendent or designee shall be authorized to grant leaves in accordance with the Adoptive Leave Section, with the exception that additional leave requested in accordance with Section 3.6 shall require approval of the Board.

4. LEAVE OF ABSENCE - TEACHING/CLINICAL STAFF

4.1 Employees of the teaching/clinical staff who have not completed one (1) year of service, will not be granted a leave of absence in accordance with Section 4.3 by the Board except for study or illness.

4.2 Employees of the teaching/clinical staff who have completed one (1) year of service, may be granted leave of absence by the Board in accordance with section 4.3 of this policy.

4.3 Leaves of Absence
4.3.1 Leave of absence may be granted for a period not to exceed one (1) year.  Applications for extension of leave will be accepted subject to any special regulations governing the type of leave requested.

4.3.2 Leave of absence may be granted for reasons of health or for partial or suspected disability.  Such applications shall be supported by a report from the employee's medical doctor setting forth a diagnosis.

4.3.3 Leave of absence may be granted for personal reasons such as illness in the employee's family, provided that the maximum period for which such leave may be extended shall be limited to three (3) years.

4.3.4 Leave of absence may be granted in order that employees may engage in educational work other than teaching provided that leave for this purpose shall be limited to one (1) year.

4.3.5 Employees may be granted leave of absence for the purpose of undertaking a teaching assignment sponsored by the Department of External Affairs of the Government of Canada or other similar assignments provided that the maximum period for which such leave may be extended shall be limited to three (3) years.

4.3.6 Employees may be granted leave of absence to engage in teaching elsewhere when in the opinion of the School Division, there are extenuating circumstances to warrant the granting of such leave.  Leave for this purpose shall be limited to one (1) year.

4.3.7 Leave of absence may be granted for temporary service in the armed forces during peace time.

4.3.8 Time spent on leave of absence shall not be used for determining entitlement to annual salary increments, except as provided in the current Collective Agreement.

4.4 Definition
 For the purposes of Section 4, Teaching/Clinical staff shall include teachers, clinicians, Principals, Vice-Principals, Area Service Directors, Consultants, the Chief Librarian and the Service Director of Special Education.

4.5 Authorization for Leave
 The Chief Superintendent or designee shall be authorized to grant leaves in accordance with this section with the exception that leaves requested for a period beyond twenty (20) weeks shall require approval of the Board.

7. PERSONAL BUSINESS LEAVE

7.1 Teaching/Clinical Staff

The Chief Superintendent or designee shall be authorized to grant short leaves of absence to Teaching/Clinical staff in accordance with this section as follows:

Note: Leaves granted in accordance with sections 7.1.1, 7.1.2 and 7.1.3 may not be combined to increase the leave entitlement.

7.1.1 Death:
- member of immediate family or a                                    Allow up to five (5) consecutive days; deduct at full
   relative who was a member of the house-                       salary for all days beyond five (5).
   hold.  Immediate family shall include common
   law spouse as defined in Section 10 below.

- grandparents, grandchildren.                                          Allow up to three (3) consecutive days; deduct additional days up to a total of five (5) days absence at 
                                                                                       substitute rate.

- spouse’s or common law spouse’s mother,                    Allow up to three (3) consecutive days; deduct additional
  father, sister, brother, son, daughter.                              days up to a total of five (5) consecutive days absence at substitute rate.


7.1.2 To attend funeral of:
 - a relative outside the                                                     Allow up to one (1) day; deduct additional days up to a
   immediate family who was                                             total of five (5) consecutive days absence at substitute
   not a member of the household.                                     rate.

- friend.                                                                           Deduct at substitute rate.

- participant in ceremony (eg. Soloist).                             Allow one-half (1/2) day.

- pallbearer.                                                                     Allow one (1) day.


7.1.3 For observance of religious holy days.                    Allow three (3) days per year.  Deduct at
                                                                                      Substitute rate for remainder.  Requests for religious holy leave shall be governed by the procedure as set   
                                                                                      forth in the collective agreement.

The Chief Superintendent or designee, upon review of the request, may grant short leaves of absence to teaching/clinical staff in accordance with the following:

7.1.4 Writing exams for university standing.                                Allow one-half (1/2) day per exam up to two (2) exams. 
                                                                                                 For three (3) or more exams (half-days) deduct excess at substitute rate.

7.1.5 Studying for exams.                                                           Deduct at one two-hundredths (1/200) of annual salary.

7.1.6 University or Community College Convocation:
- own.                                                                                        Allow one (1) day in town, excess at substitute rate.

- immediate family.                                                                     Allow one (1) day; excess at one two-hundreths (1/200) of annual salary.

7.1.7 Graduation (High School):
- immediate family.                                                                      Allow up to one day.

7.1.8 For study (in early summer sessions, etc.)                           Allow.
on bursary or course undertaken at School
Division's request.

Other study with the prior approval of the                                    Allow up to five (5) days; deduct at substitute rate
Division.                                                                                     for next five (5) days; remainder of actual cost of substitute.

Note: Leaves approved in accordance with section 7.1.9 shall be limited to one occurrence in any school year.

7.1.9 To attend a convention or meeting of an                             Allow up to five (5) days.
organization with a program relevant to
the teacher's position, with the prior
approval of the Division.

7.1.10 To deliver an address before an educational                      Allow.
body.

7.1.11 Approved absence which involves financial                        Amount of recompense may be deducted.
recompense for a teacher.  

7.1.12 Adjudicating at festivals, etc.                                              Deduct at substitute rate.

7.1.13 Public service meetings:
- council, school board, etc.                                                          Deduct at substitute rate.

7.1.14 Musical Festival (own performance).                                  Deduct at substitute rate.

7.1.15 Participation in sports:
-  for employees participating in league,                                         Deduct at one two-hundredth of (1/200) of annual
    league championship, zone or round                                          salary. 
    robin play, invitational meets or
   qualifying competitions.

-  for employees selected as representatives                                  Deduct at substitute rate.
   of the city in semi-final or final provincial
   competition .

-  for employees selected by Sports Manitoba                               Allow.
   as representatives of the Province participating
   in semi-final or final National competition.

- for employees selected to be members of                                    Allow.
  National teams of Canada competing in
  International competition.

Note: The above shall include both competitors and coaches.  Coaches receiving recompense for days allowed by the Division shall reimburse the Division the amount of the recompense.

- other approved requests (eg. officiating).                                      Deduct at one two-hundredths (1/200) of annual salary.

Note: Leaves approved in accordance with section 7.1.16 shall not exceed five (5) days in total, in any school year.

7.1.16 Wedding:
- own.                                                                                            Deduct up to three (3) days at substitute rate.  Permission may 
                                                                                                      be granted for up to five (5) days except in weeks when a holiday 
                                                                                                      occurs, fourth (4th) and fifth (5th) days at one two-hundredths 
                                                                                                      (1/200) annual salary.

- in immediate family.                                                                      In town one-half (1/2) day substitute rate, out of
                                                                                                      town one (1) day at substitute rate.  Deduct at one
                                                                                                      two-hundredths (1/200) annual salary for excess.

7.1.17   Birth of a teacher’s child resulting from the                          Allow one (1) day.  This entitlement ceases two (2) days
teacher’s spouse or common law spouse’s                                       after the spouse or common law spouse is discharged
pregnancy.                                                                                      from the hospital.

- Adopting a child.                                                                          Allow one (1) day.

7.1.18 Moving.                                                                               Deduct at one-two hundredths (1/200) of annual salary.

7.1.19 Approved late return from travel (or early                             Deduct at one two-hundredths (1/200) of annual
departure).                                                                                      salary.

7.1.20 For quarantine of place of residence.                                    Allow up to five (5) days.

7.1.21 Curriculum committee meetings.                                            No deduction.  Cost of substitute charged to Manitoba Education.

7.1.22 Extra Curricular Activities
a) In any school year (as defined by the Minister of Education and Advanced Learning), a teacher will be entitled to a paid leave of absence of one day provided that:

     i) he/she performs 50 hours of eligible extra-curricular duties during the school year;
     ii) the date for such leave has been agreed upon between the principal and the teacher;
     iii) the eligible day leave of absence must be taken within the current school year; and
     iv) the date for such leave is not adjacent to any holiday period.

b) “Extra-curricular activities” means student-related athletic, social, leadership, recreational and cultural activities, occurring outside the normal school day, but does not include activities related to academic or instructional matters or curriculum subjects outside the normal school day, whether such occur alone or with students, parents or administrative staff, such as (without limitation) staff meetings, parent/teacher meetings, committee work, in-service sessions, marking and setting examinations, or marking school assignments.

c) An eligible extra-curricular activity is an activity which has received prior approval from the school principal.

d) Extra-curricular activities as described hereinbefore are voluntary.

7.1.23 The Chief Superintendent or designate has authority to grant personal leave in other special circumstances for up to one (1) day with no deductions from salary or with deduction at substitute rate or one two-hundredths (1/200) of annual salary.

7.2  Where a ten (10) month employee’s compassionate leave as detailed in 7.1.2, 7.1.3, 7.2.2, or 7.2.3 commences immediately prior to or during Winter, Spring or Summer Break, the week days (other than statutory holidays) that fall during such breaks shall be considered to form part of the leave.

 7.3  Notification - Religious Holy Leave:

7.3.1 Employees requiring religious holy leave prior to October 15 shall provide the Division with ten (10) working days notice in writing.

7.3.2 Employees requiring religious holy leave after October 15 shall provide notice of all leave required that school year by September 30.

7.3.2 Employees requiring religious holy leave after October 15 shall provide notice of all leave required that school year by September 30.

7.3.4 Where appropriate notice has not been given to the Division, the Division shall provide religious holy leave days and that leave, at the Division’s discretion, may be:

         i)  with pay; or
         ii)  regular salary less minimum rate for the employee’s classification in the case of non-teaching employees; or
         iii)  at regular salary less the rate for a substitute in the case of a teaching employee; or
         iv)  with a full deduction of salary for the day.

7.4  Extension of Vacation/Holiday

Personal Business leave as identified in Section 7.1 and 7.2 shall not be granted for the purpose of extending vacation, break periods or holiday time.

7.5  Deduction Definitions

 7.5.1 For the purposes of section 7.1, "Substitute rate" means the rate of salary for a substitute in the teacher's salary classification.

 7.5.2 For the purposes of section 7.2, "Minimum rate" means the minimum schedule rate for the employee's classification.

 7.5.3 For the purposes of sections 7.1 and 7.2, "Allow" means no deduction of salary.

 7.5.4 For the purpose of section 7.1 Teaching/Clinical staff shall include teachers, clinicians, principals, vice-principals, area service directors, consultants, the chief librarian and the service director of special education.

7.6  Leave Request

 7.6.1 Employees are required to complete “Request for Short Leave of Absence Forms”, Exhibits E(1) and E(2) and secure permission from the Division prior to taking any such leave, except in emergency situations.

7.6.2 In emergency situations, the employee shall report to his/her supervisor at the earliest opportunity.

7.7  Reporting Leaves

 Principals or supervisors shall report reasons for absences for personal business in the "remarks" column of the salary report.

7.8 Absence of Principals and Vice-Principals

 7.8.1 The Chief Superintendent shall submit reports to the Board regarding the absence of principals or vice-principals which are in excess of one (1) week.

7.8.2 Any principal or vice-principal who expects to be out of the school for one-half (½) day or more shall inform the appropriate Superintendent.

7.8.3 Any principal or vice-principal who is absent because of illness or personal business shall call the superintendent in the morning of the day the absence commences and again on the day of return to duty.  The nature of the illness and an estimate of the length of absence should be reported to the superintendent.

7.9 Court Appearances

Employees will be granted leave without deduction of salary for court appearances if the employee is subpoenaed by the Crown to be a witness in a court action or is summoned for jury duty, provided however, the employee shall remit to the Division any remuneration which the employee may receive because of an appearance in court as a witness or as a juror.

7.10  Citizenship Leave

Employees shall be allowed the necessary time off with pay to attend citizenship court to become a Canadian Citizen.

8.  EXCHANGE LEAVE

8.1 The Chief Superintendent shall be authorized to approve exchanges made by members of the Winnipeg teaching staff with teachers from other jurisdictions.

9. LOAN OF SERVICE

9.1  Loans of service of Division employees may be granted by the Board of Trustees for a period not to exceed three (3) years to be approved on an annual basis.

9.2 Loans of service will only be granted for employment with public organizations, government departments, or service as an executive member on the local employee group.

9.3  For the purpose of calculating pension, seniority and other benefits for the employee for whom the loan of service has been granted, employment shall be deemed as continuous.

9.4  An employee who wishes to resume employment on the expiration of the loan of service granted in accordance with this section is guaranteed a position upon return in the same or comparable classification with not less than the same wages and benefits.

9.5 Loans of service may be granted for employment with an employee group with which the Division has a Collective Agreement.

10.  DEFINITION OF PARTNER

10.1  For the purposes of this policy, “common law spouse” shall be defined as a person of the same or opposite gender with whom an employee has established residence and lived in a marriage-like relationship for at least twelve (12) months and has publicly represented that person as his/her spouse.

11.   EMPLOYEES COVERED BY COLLECTIVE AGREEMENTS

11.1   Where an employee under a Collective Agreement has a leave entitlement which is different than the entitlement specified in this policy, the provisions of the Collective Agreement shall apply.

LEGISLATIVE REQUIREMENTS:

 1. Section 48(5) of the Public Schools Act, Chapter P250 of the Statutes of Manitoba applies to the granting of Leaves of Absence.
 2. Section 44(1) of the Workplace Safety and Health Act, Chapter W210 of the Statutes of Manitoba applies to the granting of leave.

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SCHEDULE C - Regular Teacher

THIS AGREEMENT is made

BETWEEN:
THE WINNIPEG SCHOOL DIVISION
("the Division")

AND

 being the holder of certificate #  
    ("the teacher")

1  The Division employs the teacher and the teacher accepts employment with the Division beginning on

2  The teacher will be employed [strike out the clause that does not apply]

     (a) full-time; or

     (b) part-time, for the following portion of full-time employment:

3  The teacher agrees to carry out the teaching assignment and other duties he or she is assigned by the Division or its Superintendent, diligently, faithfully and in accordance with the Acts and regulations of Manitoba and the Code of Rules.

4  The Division agrees to pay the teacher at the times, and in accordance with the salary schedules, set out in the collective agreement.  But in December and June, payments will be made only after the teacher provides certified half-yearly returns and other reports.

5  The parties agree that:

    (a) the teacher is not required to work on days that are holidays – or subject to the collective agreement, vacations – as set out in the School Days, Hours and Vacations Regulation, Manitoba Regulation 101/95,

    (b) if absent due to an illness that is certified in accordance with the collective agreement by a duly qualified medical practitioner or by the teacher, the teacher is entitled to receive his or her salary, without deduction, for the period specified in the sick leave provisions of the collective agreement or in the Acts and regulations of Manitoba.

6  If, immediately before entering into this agreement, a teacher has taught for the Division under a Limited Term Teacher – Winnipeg School Division agreement for two full consecutive years, that period is deemed, for the purposes of accumulating unused sick leave and determining length of service as a teacher, to have been completed under this agreement.

Unless the collective agreement provides a shorter period, for the purposes of this clause, a teacher is considered to have completed a full year of service if he or she has taught full-time or part-time under a single Limited Term Teacher agreement from the first teaching day of a fall term to the last teaching day of the next following spring term.

7  Clause 6 does not apply to a teacher who holds a limited teaching permit.

8  This agreement continues in force, and is deemed to be renewed from year to year, until it is terminated. This agreement is terminated

     (a) when the teacher and the Division agree to terminate it;

     (b) when the teacher ceases to hold a certificate;

     (c) on December 31 or June 30, if one party gives the other written notice, with reasons if requested, at least two months in advance;

     (d) if either party gives the other two month's written notice, in the case of an emergency affecting the welfare of the Division or the teacher; but in this case the Division may pay the teacher two month's salary instead of giving written notice.

9  The Code of Rules forms part of this agreement.

10  In this agreement,

      "certificate" means a teaching certificate or a clinician certificate issued by the Minister of Education and Advanced Learning;

      "Code of Rules" means the Code of Rules of the Division, as agreed to in the collective agreement;

      "collective agreement" means the collective agreement between the Division and The Winnipeg Teachers'  Association of The Manitoba Teachers' Society that is in effect during the term of this agreement.    

SIGNED:

___________________    __________________________
Chair                                     Teacher

__________________      _________________________
Secretary-Treasurer             Witness to teacher's signature

Note:  The Division's seal is required, and this agreement is to be delivered as set out in subsection 92(2) of The Public Schools Act.

Clinicians

If this agreement is between the Division and a clinician,

(a) all references to "teacher" are to be read as references to "clinician", and all references to "taught" are to be read as references to "served"; and

(b) clause 3 is to be read as follows:

The clinician agrees to carry out the duties he or she is assigned by the Division or its Superintendent, diligently, faithfully and in accordance with the Acts and regulations of Manitoba and the Code of Rules and his or her professional responsibilities.

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SCHEDULE D - LIMITED TERM TEACHER

THIS AGREEMENT is made

BETWEEN:
THE WINNIPEG SCHOOL DIVISION
("the Division")

AND

 being the holder of certificate #  
         ("the teacher")

1  The Division employs the teacher and the teacher accepts employment with the Division beginning on

2  The teacher will be employed as limited term teacher [strike out the clause that does not apply]

     (a) full-time; or

     (b) part-time, for the following portion of a full-time teacher's employment:

3  The teacher agrees to carry out the teaching assignment and other duties he or she is assigned by the Division or its Superintendent, diligently, faithfully and in accordance with the Acts and regulations of Manitoba and the Code of Rules.

4  The Division agrees to pay the teacher at the times, and in accordance with the salary schedules, set out in the collective agreement.  But in December and June, payments will be made only after the teacher provides certified half-yearly returns and other reports.

5  The parties agree that:

    (a) the teacher is not required to work on days that are holidays – or subject to the collective agreement, vacations – as set out in the School Days, Hours and Vacations Regulation, Manitoba Regulation 101/95,

    (b) if absent due to an illness that is certified in accordance with the collective agreement by a duly qualified medical practitioner or by the teacher, the teacher is entitled to receive his or her salary, without deduction, for the period specified in the sick leave provisions of the collective agreement or in the Acts and regulations of Manitoba; and

    (c) if the teacher's certificate is suspended for a period of time, the obligations of the parties are suspended for that same period.

6  If the teacher has taught for two full consecutive years for the Division under this form of agreement (Limited Term Teacher – Winnipeg School Division), and accepts employment as a teacher for the Division for a third full consecutive year,

    (a) in that third year, the teacher will be employed under a Regular Teacher – Winnipeg School Division agreement; and

    (b) those two full years of service under this form of agreement (Limited Term Teacher) will be deemed, for the purposes of accumulating unused sick leave and determining length of service as a teacher, to have been completed under that Regular Teacher – Winnipeg School Division agreement.

Unless the collective agreement provides a shorter period, for the purposes of this clause, a teacher is considered to have completed a full year of service if he or she has taught full-time or part-time under a single Limited Term Teacher agreement from the first teaching day of a fall term to the last teaching day of the next following spring term.

7  Clause 6 does not apply to a teacher who holds a limited teaching permit.

8  This agreement is terminated on the earliest of the following:

    (a) on

    (b) if the teacher is employed as a replacement for another teacher who is under contract with the Division, on the day before that other teacher resumes his or her duties;

    (c) on the day the teacher and the Division agree to;

    (d) on the day the teacher ceases to hold a certificate;

    (e) on the June 30 after the teacher begins employment under this contract.

This agreement may also be terminated during its term by either party

    (a) on December 31, but only if the party terminating the agreement gives written notice, with reasons if requested, to the other party at least one month before December 31; or

    (b) on one month's written notice given to the other party, if there is an emergency affecting the welfare of the Division or the teacher; but in this case the Division may pay the teacher one month's salary instead of giving written notice.

9  When this agreement is terminated, the final payment of salary is to be adjusted so that the total salary received by the teacher is in accordance with the following formula:    A = B x C/D

In this formula: A is the total salary to be received by the teacher;
     B is the annual salary rate in effect for the teacher, pursuant to the collective agreement;
     C is the number of days the teacher actually taught;
     D is the number of days in the school year prescribed by regulation.

10  The Code of Rules forms part of this agreement.

11  In this agreement,

"certificate" means a teaching certificate or a clinician certificate issued by the Minister of Education and Advanced Learning;

"Code of Rules" means the Code of Rules of the Division, as agreed to in the collective agreement;

"collective agreement" means the collective agreement between the Division and The Winnipeg Teachers' Association of The Manitoba Teachers' Society that is in effect during the term of this agreement.

SIGNED:


___________________                ____________________________
Chair                                                Teacher


____________________                _____________________________
Secretary-Treasurer                           Witness to teacher's signature

Note:  The Division's seal is required, and this agreement is to be delivered as set out in subsection 92(2) of The Public Schools Act.


Clinicians

If this agreement is between the Division and a clinician,

(a) all references to "teacher" are to be read as references to "clinician", and all references to "taught" are to be read as references to "served"; and

(b) clause 3 is to be read as follows:

The clinician agrees to carry out the duties he or she is assigned by the Division or its Superintendent, diligently, faithfully and in accordance with the Acts and regulations of Manitoba and the Code of Rules and his or her professional responsibilities.

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SUBSTITUTE TEACHER

THIS AGREEMENT is made on


BETWEEN:
THE WINNIPEG SCHOOL DIVISION
("the school board")

AND

  being the holder of certificate #
("the teacher")

1  The school board agrees to employ the teacher, and the teacher agrees to accept employment with the school board, to teach in place of another teacher as a substitute

    (a) on the specific day or days agreed to by the parties in advance; and

    (b) on any other days requested by the school board or its designate, subject to the teacher being available;

    during the following school year:  

2  The teacher agrees to diligently and faithfully carry out the teaching assignment and other duties he or she is assigned by the school board in accordance with the Acts and regulations of Manitoba.

3  The school board agrees to pay the teacher in accordance with the collective agreement. 

4  This agreement is terminated on the earlier of the following days:

    (a) on the day that is the last day of the school year specified in section 1;

    (b) on the day the teacher and the school board agree;

    (c) on the day the teacher ceases to hold a certificate, or his or her certificate is suspended.

5  This agreement is effective the day it is made.

6  In this agreement,

"certificate" means a teaching certificate, issued by the Minister of Education and Advanced Learning;

"collective agreement" means the collective agreement between the school division or district and the local teacher’s association of The Manitoba Teachers' Society that is in effect during the term of this agreement;

"school year" means the period beginning on July 1 of one year and ending on June 30 of the next year.

SIGNED:

___________________           ______________________
Chair                                          Teacher

___________________           _______________________
Secretary-Treasurer                    Witness to teacher's signature


Note:  The school board’s seal is required, and this agreement is to be delivered as set out in subsection 92(2) of The Public Schools Act.

Winnipeg School Division

Where Winnipeg School Division is the school board, clause 2 is replaced with the following:

2   The teacher agrees to carry out the teaching assignment and other duties he or she is assigned by the Division or its Superintendent, diligently, faithfully and in accordance with

     (a) the Acts and regulations of Manitoba; and

     (b) the Code of Rules of the Division, as agreed to in the collective agreement.
 

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MEMORANDUM OF AGREEMENT

MEMORANDUM OF AGREEMENT

BETWEEN THE WINNIPEG SCHOOL DIVISION

- and -

THE WINNIPEG TEACHERS' ASSOCIATION
of THE MANITOBA TEACHERS' SOCIETY

The following sets out the basis of an Agreement made between The Winnipeg Teachers' Association and The Winnipeg School Division made as of the of 17th day of February, 2017.

Maternity, Parental/Adoptive Leaves

The parties agree to delete article 21.05 and replace it with the following:

Article 21.05 Maternity, Parental/Adoptive Leaves

General

1. Maternity and Parental/Adoptive Leaves shall be granted in accordance with The Employment Standards Code (Manitoba), which shall prevail if there is an inconsistency between the Code and this Article.

2. After a teacher has applied for Maternity and/or Parental/Adoptive Leave as provided for in Article 21.05 3) 4) and 5), the parties shall enter into a written agreement that:

    (a) an employee who returns to teaching duties within the same school year shall be reinstated to the position occupied by the teacher prior to commencing the leave;

    (b) where the Maternity or Parental/Adoptive Leave spans two (2) school years, the teacher will be reinstated to either the same position occupied by the teacher at the time the leave commenced or a comparable position with no less than the same wages and benefits;

    (c) the date the teacher will resume teaching duties unless the Division agrees to extend the leave;

    (d) the Division will pay the employer’s portion of the benefits contained in Articles 19.01 and 19.03 for the leave periods.

3. The teacher and the Division may mutually agree to extend the length of the leave if the teacher so desires. Any such arrangements to be confirmed in writing by the Division and will be in accordance with the Code of Rules.

Maternity Leave

4. Every female teacher who has been employed by the Division for seven (7) months shall be entitled to Maternity Leave of up to seventeen (17) weeks if she:

    (a) submits an application for leave at least four (4) weeks before the date she wishes her leave to commence and indicates the date she wishes to resume her teaching duties; and

    (b) provides a medical certificate giving the estimated date of delivery.

Parental/Adoptive Leave

5. Every teacher who has been employed by the Division for seven (7) months shall
be entitled to Parental/Adoptive Leave of up to thirty-seven (37) weeks if the teacher submits an application for leave at least four (4) weeks before the date the teacher wishes the leave to commence, indicates the date the teacher wishes to resume teaching duties, and in the case of adoption provides documentation of the estimated date the teacher is to gain custody of a child.

Top-Up Benefits

6. 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 salary the teacher was receiving at the time the leave commenced 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.

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

    (a) if the teacher's one (1) week or five (5) day waiting period falls entirely on teaching days, ninety (90%) of the teacher's gross salary including any subsequently negotiated salary adjustments plus up to eighty (80) days of Maternity Leave Top-up calculated at the difference between the teacher's employment insurance benefit and ninety (90%) of the teacher's gross salary including any subsequently negotiated salary adjustments provided the teacher remains on either Maternity or Parental Leave and continues to receive employment insurance benefits;
 
    (b) if the teacher's one (1) week or five (5) day waiting period falls partially or entirely within a non-teaching period, ninety (90%) of the teacher's gross salary including any subsequently negotiated salary adjustments for any teaching days in that period, 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 (90%) of the teacher's gross salary including any subsequently negotiated salary adjustments provided the teacher remains on either Maternity or Parental Leave and continues to receive employment insurance benefits;

    (c) 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 (90%) of the teacher's gross salary including any subsequently negotiated salary adjustments provided the teacher remains on Parental/Adoptive Leave and continues to receive employment insurance benefits.

For greater certainty, a teacher who takes both Maternity Leave and Parental Leave and is receiving employment insurance benefits shall be entitled to receive pay and/or top-up benefits from the Division of up to one hundred and thirty-five (135) teaching days, a teacher who takes only Maternity Leave and is receiving employment insurance benefits shall be entitled to receive pay and/or top-up benefits for up to eighty-five (85) teaching days, and a teacher who takes only Parental/Adoptive Leave and is receiving employment insurance benefits shall be entitled to receive pay and/or top-up benefits for up to fifty (50) teaching days. 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.

Non-Application

8. 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 entitled to receive the top-up benefits once they have been employed for a period of seven months by the Division.

THE WINNIPEG SCHOOL DIVISION          THE WINNIPEG TEACHERS' ASSOCIATION
                                                                          of THE MANITOBA TEACHERS' SOCIETY


Chair                                                                  President


Secretary-Treasurer                                           Business Agent

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