BORDER LAND TEACHERS' ASSOCIATION

EFFECTIVE PERIOD: 2018/07/01 - 2022/06/30

ARTICLE 6 - RIGHTS AND WORKING CONDITIONS

6.01: SETTLEMENT OF DISPUTES

Where a violation of this agreement is alleged by a party to or persons bound by the agreement or on whose behalf it was entered into, or difference between the parties arises relating to the content, meaning, application or violation of this agreement, either party shall, within fifty (50) teaching days of the event giving rise to the violation or difference, or within fifty (50) teaching days of the date of which the griever became aware of the event giving rise to the violation or difference, notify the other party in writing, stating the alleged violation or difference and the solution sought.  If a party to the collective agreement claims that the time limit imposed under the collective agreement has not been complied with, the parties shall proceed to appoint the 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.

 

Any difference between the parties to, or persons bound by this agreement on whose behalf it was entered into, concerning its content, meaning, application or  violation which is not settled to the satisfaction of the parties within thirty (30) teaching days from the date when the Association takes the matter up with the Board or the Board notifies the Division Association in writing of the desire to have the difference arbitrated shall, upon request of either party, have the matter be forwarded to an Arbitration Board, consisting of three members.

 

Each of the parties of the dispute shall, within ten (10) teaching days of the date of the request for arbitration, appoint an arbitrator and shall notify the other party of the appointment.  These two arbitrators shall within a further period of ten (10) teaching days after their appointment, meet and select a chairperson mutually satisfactory to both.  Should the two arbitrators fail to agree upon a chairperson within this required ten (10) teaching days, either party may request the Manitoba Labour Board to make the appointment.

 

Nothing herein shall prohibit the parties from agreeing on a single arbitrator.  If the parties so agree, the provisions of this article relating to an Arbitration Board shall apply mutatis mutandis, to the single arbitrator.  Except as herein provided, the Labour Relations Act shall apply.

6.02: PERSONNEL FILE

  1. An employee may at a mutually agreed time review his/her personnel file upon request for such review to the Secretary Treasurer.  The Division will have its representative present when the employee is examining his/her personnel file.

 

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

 

  1. The Division shall 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 had been provided with a copy of such document on request, with an opportunity to respond in writing.

6.03: FREEDOM FROM VIOLENCE

  1. All teachers are entitled to a working environment free from physical violence, verbal abuse, or the threat of physical assault.  An abusive, violent, and/or threatening student shall be immediately removed from the work environment.  The student shall be returned to the working environment only after corrective measures have been taken.

 

  1. This article is subject to The Public Schools Act and regulations thereto and is not intended to abrogate any management right with respect to the student disciplinary process.

 

  1. A teacher shall not have the right to grieve individual student disciplinary decisions made by school administration.

6.04: WORKPLACE HARASSMENT

  1. The Division and the Association recognize the right of all employees to work in an environment free from sexual or other type of harassment and to be treated fairly in the workplace.  The Division, therefore, shall endeavour at all times to provide a work environment which is supportive of both productivity and the personal/professional goals, dignity, and self-esteem of every employee.

 

  1. For the purpose of this collective agreement, “sexual harassment” means any repeated and/or unwelcome sexual comment, look, suggestion, or physical contact that creates an uncomfortable working environment for the recipient, (recipient being defined as any teacher and/or principal covered under this agreement) but may include a single sexual advance that includes or implies a threat; and may include a reprisal made after a sexual advance is rejected.

 

  1. For the purposes of this collective agreement, “other types of harassment” means behaviour which intimidates, threatens, or harries a member of the bargaining unit in such a way as to deny the member his/her dignity and respect, and cause offense, embarrassment or humiliation.

 

  1. It is both the right and the responsibility of any member who believes that he/she has been subjected to harassment as defined above to immediately report such concerns to the Principal/Administrator of the Division and/or the Association.  Upon receipt of the complaint, the Principal/Administrator will immediately investigate.  The complainant will be advised of the results of the investigation and the action, if any, to be taken.

 

  1. Pending investigational findings such reports are basis for disciplinary action as defined in Article 6.07 of this agreement.

 

  1. Any instances of actual harassments defined in this article shall be considered just cause for termination of employment.

6.05: TRANSFER

The Association recognizes the right of the Division to assign teachers employed by the Division to schools under its jurisdiction.  The Division shall provide to any teacher being considered for transfer an opportunity for consultation with respect to the transfer and the details of the intended assignment.  The most reasonable notice possible given the circumstances shall be provided to the teacher.  The right to transfer shall be exercised fairly and reasonably.

6.06: COMPLAINTS

Should the Board receive any serious complaints regarding a teacher in its employ, the Board shall communicate the substance of such complaint immediately in writing to the teacher so concerned.  Before passing judgment the Board shall afford such teacher an opportunity to make personal presentation of the teacher’s case and such teacher may be assisted during the said presentation by a representative and/or counsel.  It is agreed and understood by the parties that any and all disputes under this collective agreement as they relate to this article will be limited only to the fact that the complaint was not communicated to the teacher or that a hearing was not granted by the Board.

6.07: DISCIPLINE

The Association recognizes that the Division or any agent thereof has the right to discipline a teacher.  No teacher shall be disciplined without just and reasonable cause.  Discipline in the form of written warning(s) and suspension(s) with or without pay shall be subject to the following provisions:

 

  1. 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 6.01, Settlement of Disputes.

 

  1. When such a difference is referred to a Board of Arbitration under Article 6.01, the Board of Arbitration shall have the power to:
  1. uphold the discipline
  2. rescind the discipline
  3. vary or modify the discipline
  4. order the Board to pay all or part of any loss of pay and/or benefits in respect of the discipline
  5. do one or more of the things set out in sub-clauses (a), (b), (c), and (d) above.

 

  1. This article does not apply to teacher assessment and evaluation process done pursuant to Division policy and practices and amendments thereto, except where the implementation of said policy against a person covered by this collective agreement is for the purpose of disciplining said person.

6.08: MEDICATION

Teachers shall not be required to administer medication on a regular or predictable recurring basis.

6.09: CONTACT TIME

Beginning on September 1, 2005, the student contact time assigned in any school year to any full-time teacher, whether such time is in a teaching, consultative or supervisory role, shall not, without the consent of the Association, be greater than 5% above the average student contact time assigned to a full-time teacher by the Division during the school year of September 2004 to June 2005.

6.10: EXTRA CURRICULAR ACTIVITIES

.01

  1. “Extra Curricular Activities” for the purpose of this collective agreement means student-related athletic, social, recreational and cultural activities, occurring with the approval of school administration 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.

A teacher’s participation in an eligible extra curricular activity during said teacher’s lunch break shall be counted as eligible time of extra curricular duties for the purpose of .01 (ii).

 

  1. In recognition of exceptional effort for extra curricular activities the Board will pay a teacher the equivalent of one (1) day substitute rate, as provided for in Article 3.05 of the collective agreement for each complete block of fifty (50) hours of extra curricular duties as described in Clause .02 (a) and (b) to a maximum of two (2) days per school year.

.02

Within a school year (July 1 to June 30 following), a teacher will have entitlement to two (2) days leave of absence, with substitute costs paid by the teacher, with the following provisions:

  1. to be eligible for the first day of leave entitlement the teacher must complete an initial fifty (50) hours of eligible extra curricular duties;  and
  1. to be eligible for the second day of leave entitlement a teacher must complete fifty (50) hours of eligible extra curricular duties in addition to these hours described in Clause .02 (a).
  1. Teachers who have not accumulated enough hours in any school year to be entitled to two (2) days of leave will be allowed to carry over the unused hours for one school year.
  1. extra curricular personal leave entitlement of up to one day may be transferred to the Fall Term of the following school year.

.03      

Maximum leave entitlement per school year is two (2) days.  A teacher shall take leave entitlement at a time mutually agreeable to the Board and the teacher.

.04      

An eligible extra curricular activity is an activity that has received prior approval by the Board and the Superintendent.

.05      

Teachers must report extra curricular hours on a form that the Division will provide.  The teacher and his principal must sign the completed form and return it to the Superintendent on a monthly basis.

.06      

Meal Allowance

If extra curricular duties occur away from the location in which the teacher’s home school is situated, and outside school hours, a teacher may claim the following:

  1. eight dollars for breakfast
  2. ten dollars for the mid-day meal;  and
  3. fifteen dollars for the evening meal.

 

  1. Breakfast can only be claimed when:
  1. a teacher has been traveling for more than one hour before the recognized teaching day begins.
  2. or must stay overnight for an eligible extra curricular activity as per 04.

 

  1. The evening meal can be claimed when:
  1. a teacher has been traveling on extra curricular activities and not expected to arrive back at his/her home school before 7:30 pm.
  2. or, must stay overnight for an eligible extra curricular activity as per .04.

6.11: LAY OFF

  1. Where it is determined by the Division that a lay-off is necessary and where natural attrition, transfers, and leaves of absence do not affect the necessary reduction in staff, the Division shall develop a seniority list as hereinafter provided. Such a list shall contain the names of those teachers having the least seniority identified in sufficient numbers to enable the Division to lay off the required number of teachers.

 

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

 

  1. The Division shall provide the Association with a seniority list and shall post the seniority list in each school in the Division prior to February 1st of each year. Teachers shall have until February 28th to protest, in writing, any alleged omission or incorrect listing to the Division. The seniority list as provided or amended must be certified prior to March 7th by both parties in writing to be correct. Any protest shall be limited to changes that have occurred since the last certified listing.

 

  1. Definitions

  1. Training - instruction received as preparation for the profession of teaching, which instruction leads to the development of a particular skill or proficiency with respect to a particular subject or subjects;
  2. Academic Qualifications - refers to the classification in which a teacher is placed by the Department
  3. Experience - the practical application of training over a period of time with respect to the particular subject or subjects;
  4. Ability - a teacher's demonstrated skill and competence to perform a particular teaching assignment satisfactorily and proficiently after having acquired the necessary training, academic qualifications and experience;
  1. Seniority:
  1. For the purposes of this article, seniority is defined to mean the length of continuous teaching experience from the date of last hire with the Division on a current individual employment contract, which shall be calculated from the first day the teacher was to begin actual teaching.

Notwithstanding the foregoing a teacher, who has been employed under one or more temporary contract(s) and is subsequently employed under a permanent contract, shall have his/her employment under both the temporary and permanent contracts deemed as continuous teaching service with the Division, provided that there was not an interruption of more than 20 instructional days between the subsequent contracts.

  1. Where teachers have the same length of continuous equivalent teaching experience, the order of the seniority list shall be determined on the basis of total employment with the Division.
  1. Where teachers have the same seniority as defined in (a) and (b) above, the order shall be determined on the basis of the total recognized teaching experience in Manitoba.
  1. If the length of teaching experience as defined in (a), (b), and (c) is equal, the teacher to be declared surplus shall be determined by the Division.
  1. A teacher will retain and accrue seniority if absent from work because of:
  1. illness or accident up to the maximum days accumulated under the provision of the collective agreement;
  2. a leave of absence of up to thirty (30) calendar days;
  3. maternity, adoptive and/or parental leave under the provisions of the Employment Standards Code;
  1. A teacher will retain but not accrue seniority if absent from work because of:
  1. on leave of absence in excess of thirty (30 ) calendar days
  2. laid off for a period of time less than that set out in this article
  3. absent because of illness or accident for more than the maximum number of days accumulated under the provisions of the collective agreement
  4. absent because the Division has granted more maternity, adoptive and/or parental leave than required by the Employment Standards Code
  1. Without limiting the generality of the foregoing, a teacher shall lose seniority and rights to further consideration for employment for any of the following reasons:
  1. the teacher resigns;
  2. the teacher is employed by another school division as a full time teacher on a Form 2 or Teacher – General contract;
  3. the teacher fails to return after the termination of any leave granted by the Division;
  4. the teacher is not re-employed within one (1) calendar year after the September 30th following the date of lay off;
  5. the teacher's contract is terminated for cause;
  6. any teacher on the re-employment list who refuses to accept a position for which the teacher has the necessary training, academic qualifications, experience and ability to perform the work in the position offered shall forfeit all right to seniority and re-employment;

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

  1. In the event of a lay off, the division shall meet with the Executive of the Association to discuss the implications of the lay off and shall provide the Association with a list of teachers to be laid off.
  1. Notice of lay-off shall be given to the teacher by registered letter no later than the fifteenth (15th) day of May of any school year. The teacher, within twenty (20) teaching days of receiving notice of lay off, shall indicate, in writing by registered mail, his/her wish to be placed on the re-employment list. Notwithstanding anything else in this article, failure to respond within the time limit specified shall relieve the onus on the division for that teacher’s placement on the re-employment list and the teacher shall lose seniority.
  1. If after layoffs have occurred and for a period of one 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 positions, providing such teachers have the necessary training, qualifications, ability and experience for the position(s) available. Seniority with the division will be used to determine the order in which teachers on lay off are offered the available positions provided that the said teachers have the necessary training, qualifications and experience.

 

  1. If a teacher is recalled as provided above, the following will not be affected.
  1. accumulated sick leave;
  2. seniority gained prior to being laid off but seniority shall not be accrued for the period of time of the lay off
  1. If the Division terminates the contract of a teacher because that teacher is surplus, the Division shall, at the request of the teacher, provide him/her with a letter to this effect.
  1. Notwithstanding any other provision in this article, the foregoing lay off procedure shall not apply to teachers who have not completed more than (1) full school year of employment under contract with the division or to teachers employed on fixed term contract (Limited Term Teacher – General) where during that term the teacher is employed on the understanding that such teacher will not, after the completion of such term be employed by the Division;

Teachers under Limited Term Teacher – General contracts with less than one school year of employment shall have their contracts terminated by the Division if the Division finds itself in a layoff situation.

  1. The Division may at its discretion, exempt a principal or vice-principal from the provision of this article in the case where the principal or vice-principal would be subject to lay off in accordance with the provisions of the article.

6.12: NON DISCRIMINATION

The provisions of the Manitoba Human Rights Code shall apply.

6.13: MEAL PERIOD

  1. Except in cases of emergency or unforeseen circumstances, every teacher shall be entitled to an uninterrupted meal period between 11:00 a.m. and 2:00 p.m. each school day.

 

  1. This lunch period shall be equal to five minutes less than the midday intermission given to the students of the school in which the teacher is employed to a maximum of fifty-five (55) minutes.

 

  1. Designated staff will be on call during this meal period to deal with emergencies or unforeseen circumstances.

Signed and Agreed on the             day of May, 2021.

 

For The Division

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For The Association

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