[Printable Version]

SUNRISE TEACHERS' ASSOCIATION

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

ARTICLE 1 - PURPOSE

It is the intent and purpose of the parties to this agreement to promote and improve the working relations between the Sunrise School Division and the Sunrise Teachers’ Association, to establish a salary, to establish other conditions of work resulting from the operation of the said agreement and to provide a basis for both parties to improve the professional service rendered the students of the Sunrise School Division.

This Agreement is by and between the Sunrise School Division (hereinafter referred to as the Division), and the Sunrise Teachers’ Association (hereinafter referred to as the Association).

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ARTICLE 2 - EFFECTIVE PERIOD

This Agreement and its provisions unless otherwise stated shall be effective from July 1, 2018 and shall remain in full force and effect until June 30, 2022 and thereafter until a revised Collective Agreement is executed or until a renewal or revision of the Agreement or new Collective Agreement has been concluded.

Either party wishing to amend this Agreement shall notify the other party to this effect; such notice to be given by Registered Mail or courier during the month of April of the year in which such amendment is desired. The Division shall provide its counterproposal within thirty (30) days after receiving the Association's proposed amendment unless this date is extended by mutual agreement.

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ARTICLE 3 - CLASSIFICATION AND INCREMENTS

3.01 - Department of Education and Advanced Learning

The use of the word “Department” throughout the Collective Agreement shall be understood to refer to the Department of Education and Advanced Learning of the Province of Manitoba. The word “Minister” throughout the Collective Agreement shall be understood to refer to the minister of said department.

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3.02 - Placement for Teaching Experience

Teachers currently employed by the Division as clinicians shall be credited with experience as set out above. 

 

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3.03 - Reclassification

It shall be the responsibility of the teacher to submit evidence for reclassification to the Department.

Where a teacher is granted a higher classification by the Department, the higher classification shall be effective the first of the month following receipt of evidence from the teacher to the Superintendent of the Division or designate of completion of requirements for the higher classification except in the case of evidence submitted in September, October or November, the higher classification shall be effective retroactive to the start of the school year and provided the teacher provides written notification to the Superintendent of the Division or designate of the impending change in classification no later than September 30^th.

The salary for the higher classification shall be paid by the Division upon receipt of confirmation to the Division of completion of the requirements for the higher classification from the Department.

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3.04 - Increments

1. Teachers shall receive their experience increment at the start of the school year, January 1 or April 1, providing that they have a year of experience verified by the Department.

 

2. Industrial Arts teachers shall be paid on the salary grid and shall be credited one increment for every three (3) years of verified industry-related experience while holding a journeyman’s certificate or a trade certificate to a maximum of three (3) increments.

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ARTICLE 4 - SALARY SCHEDULE

 The Basic Salary Schedule shall be the applicable schedule below.

Year 1: September 2018 (2018-19)
Years	Class 1	Class 2	Class 3	Class 4	Class 5	Class 6	Class 7
0	47,849	56,286	64,660	56,177	60,169	64,086	67,991
1				59,341	63,432	67,540	71,602
2				62,505	66,694	70,985	75,220
3				65,669	69,955	74,435	78,832
4				68,826	73,218	77,889	82,448
5				71,997	76,481	81,337	86,060
6				75,157	79,745	84,785	89,675
7				78,320	83,001	88,235	93,291
8				81,486	86,266	91,683	96,901
9				85,872	90,759	96,366	101,746

 

Year 2: September 2019 (2019-20)
Years	Class 1	Class 2	Class 3	Class 4	Class 5	Class 6	Class 7
0	48,430	56,985	65,476	56,874	60,922	64,894	68,854
1				60,082	64,231	68,396	72,515
2				63,291	67,538	71,890	76,184
3				66,500	70,845	75,389	79,846
4				69,701	74,154	78,890	83,513
5				72,916	77,462	82,387	87,175
6				76,120	80,772	85,883	90,842
7				79,327	84,074	89,381	94,508
8				82,537	87,384	92,878	98,169
9				86,985	91,940	97,626	103,081

 

Year 3: September 2020 (2020-21)
Years	Class 1	Class 2	Class 3	Class 4	Class 5	Class 6	Class 7
0	48,466	57,064	65,597	56,953	61,021	65,012	68,992
1				60,177	64,346	68,532	72,672
2				63,401	67,670	72,043	76,359
3				66,626	70,993	75,559	80,040
4				69,843	74,319	79,079	83,724
5				73,075	77,644	82,593	87,405
6				76,295	80,970	86,107	91,090
7				79,518	84,289	89,622	94,775
8				82,744	87,615	93,136	98,454
9				87,214	92,194	97,908	103,390

 

Year 4: September 2021 (2021-22)

COLA* (See MOU Re: Cost of Living Allowance (COLA) for explanation of calculation)

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ARTICLE 5 - ADMINISTRATIVE SALARIES

5.01 - Principal’s Salary

 A principal’s salary shall be determined as outlined below. Upon effective appointment, the principal shall be paid a total salary unlimited by the maximum of his/her class and determined as follows:

1. by educational qualifications and experience as per Article 4, plus;

 

2. a principal’s allowance as determined by the formula in this article, plus;

 

3. any other allowance(s) for which the principal is eligible under this Collective Agreement.

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5.02 - Determination of Principal’s Allowance

1. Principals’ allowances for schools in the Sunrise School Division shall be determined by the following formula:

FORMULA

Principal’s Allowance = Base + (number of students x student rate)

+ (number of staff x staff rate)

This formula will be applied yearly, immediately after September 30^th staff and student enrollment figures have been determined. Changes in allowances will be retroactive to the beginning of the school year and will be reflected in the October salary payment.

 

2. Principal – Divisional Student Support Services

Notwithstanding the above, the “Principal – Divisional Student Support Services” shall receive an annual allowance of $30,068.52 effective September 1, 2018; $30,489.48 effective September 1, 2019; $30,641.93 effective September 1, 2020 and an amount to be calculated based on COLA effective September 1, 2021; the Assistant Principal – Divisional Student Support Services shall receive an allowance as follows:

1. A full-time supervising Assistant Principal – Divisional Student Support Services shall be paid an allowance of 50% of the allowance for the Principal – Divisional Student Support Services;

2. A teaching Assistant Principal – Divisional Student Support Services shall be paid an allowance of 33 1/3% of the allowance for the Principal – Divisional Student Support Services.

 

3. Definition of Terms

Base:

is the base allowance for a school principal - $17,322.80 effective September 1, 2018, $17,565.32 effective September 1, 2019, $17,653.15 effective September 1, 2020 and an amount to be calculated based on COLA effective September 1, 2021 - with Hazelridge, and the Colony schools being half of that amount.

 

Number of students:

is the total student population in a school as of September 30^th of the current year, where each Kindergarten student equals 1.

 

Student Rate:

$10.76 effective September 1, 2018, $10.91 effective September 1, 2019, $10.96 effective September 1, 2020, and an amount to be calculated based on COLA effective September 1, 2021 per student as defined in “number of students”.

 

Number of staff:

is the total staff population in a school as of September 30^th of the current year, where each teacher, secretary, paraprofessional, library clerk, and custodian working 50% or more in a school equals 1, and those who are working less than 50% in a school equal 0.5.

 

Staff rate:

$116.47 effective September 1, 2018, $118.10 effective September 1, 2019, $118.70 effective September 1, 2020 and an amount to be calculated based on COLA effective September 1, 2021 per staff as defined above.

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5.03 - Assistant Principal’s Salary

1. The appointment of an assistant principal shall be made at the discretion of the Division. A teacher being demoted from an assistant principal's position shall revert to regular teacher status on staff.  An assistant principal's salary shall be deter­mined in the same manner as set forth in Article 5.01 except that the administrative allowance for an assistant principal shall be determined as follows:

1. A full‑time supervising assistant principal shall be paid an allowance of 50% of the principal's allowance for that school;

2. A teaching assistant principal shall be paid an allowance of 33 1/3% of the principal's allowance for that school.

 

2. When a principal is absent from the school for three (3) or more consecutive days, commencing the fourth (4) and subsequent days, the assistant principal who has charge of the school shall be paid an allowance in addition to any allowance paid in subsection (a) above of 20% of the principal's allowance on a per diem basis.

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5.04 - Changes for Principals and Assistant Principals

1. In the event of a change in position by a principal or assistant principal to another administrative position for which the allowance is less, his/her allowance shall remain the same for a period of no greater than three years, or until it is exceeded by the new allowance.

This article shall not apply in the event of an administrative change which is the result of unsatisfactory performance.

 

2. Where a principal or assistant principal is transferred to a new assignment and incurs a loss of allowance, the administrator’s allowance shall be red-circled for a period of three years – after which the principal or assistant principal shall be paid according to the administrator allowance schedule in effect.

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5.05 - Full-Time Teaching Principals and Assistant Principals

Full-time teaching principals and full-time teaching assistant principals of early years schools with more than one classroom shall be relieved of teaching duties for supervision at the rate of one-half day per classroom per month. Substitutes for this purpose shall be provided by the Division.

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5.06 - Designated Teacher during the Absence of Principal and Assistant Principal

In each school in the Division one or more teacher(s) will be designated by the Superintendent, in consultation with the principal, to be in charge of the school in the absence of the principal and assistant principal in accordance with the following provisions:

1. The total allowance of all designated teachers in a school shall be the amount for the school as outlined in (e).

 

2. Effective September 1, 2018 each designated teacher shall receive an annual allowance of $546.45 paid at the rate of $45.54 per month, for each month he/she is appointed in the position and actively teaching.

​​​​​​​Effective September 1, 2019 each designated teacher shall receive an annual allowance of $554.10 paid at the rate of $46.17 per month, for each month he/she is appointed in the position and actively teaching.

Effective September 1, 2020 each designated teacher shall receive an annual allowance of $556.87 paid at the rate of $46.41 per month, for each month he/she is appointed in the position and actively teaching.

Effective September 1, 2021 each designated teacher shall receive an annual allowance of $556.87 + COLA paid at the rate of $46.41 + COLA per month, for each month he/she is appointed in the position and actively teaching.

 

3. Each school shall use its total allowance.

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4. Where more than one teacher is designated by the Superintendent for the school, the administrative relief shall be reasonably distributed between the designated teachers.

5. Total Allocation for Principal Relief Teachers in Each School:

Effective September 1: 2018-19: $2,187.45 2019-20: $2,218.07 2020-21: $2,229.16 2021-22: TBD Based on COLA	Effective September 1: 2018-19: $1,640.84 2019-20: $1,663.81 2020-21: $1,672.13 2021-22: TBD Based on COLA	Effective September 1: 2018-19: $1,094.23 2019-20: $1,109.55 2020-21: $1,115.10 2021-22: TBD Based on COLA	Effective September 1: 2018-19: $546.61 2019-20: $554.26 2020-21: $557.03 2021-22: TBD Based on COLA
Edward Schreyer School	Lac du Bonnet Senior School	Whitemouth School	Adult Ed Centres (each)
Springfield Collegiate Institute	Beausejour Early Years	Anola School	Colony Schools (each)
	Centennial School		Hazelridge School
	Dugald School
	Oakbank Elementary
	Powerview School
	Springfield Middle School

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ARTICLE 6 - ALLOWANCES FOR CONSULTANTS AND PROGAM LEADERS

Teachers appointed by the Division to the following positions shall be paid an allowance over and above their basic salary as per Article 4 as set forth below:

     Consultant/Program Leader

          Effective September 1, 2018:                           $12,487.66

          Effective September 1, 2019:                          $12,662.48

          Effective September 1, 2020:                           $12,725.80

          Effective September 1, 2021:                           TBD based on COLA

A teacher appointed by the Division to the position of consultant or program leader shall be paid an allowance on a pro-rata basis over and above his/her basic salary. 

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ARTICLE 7 - ALLOWANCE FOR TEAM LEADERS

7.01

Each team leader appointed by the Division shall receive an allowance as follows:

Effective September 1, 2018:                 $3,550.92

Effective September 1, 2019:                 $3,600.63

Effective September 1, 2020:                 $3,618.64

Effective September 1, 2021:                 TBD Based on COLA

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7.02

1.  

When a team leader is absent from the school for five (5) or more consecutive days, another member from that team shall be appointed as team leader on an interim basis.

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7.03

When a team leader is absent from the school for five (5) or more consecutive days, commencing the sixth and subsequent days, the person who is put in charge of that team shall be paid the team leader allowance on a per diem basis, retroactive to the first of the five days.

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ARTICLE 8 - OTHER ALLOWANCES

8.01 - Transportation Allowance

Teachers who are required by the Division to attend meetings and/or perform assigned teaching duties as determined by the Division shall receive a kilometre allowance in accordance with Division rate for use of their vehicle. 

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8.02 - Salaries for Evening Schools

Teachers engaged in the teaching or supervision of non-credit evening school in addition to a permanent or temporary contract with the Division shall be paid an hourly rate of $30.36 effective September 1, 2018; $30.78 effective September 1, 2019; $30.94 effective September 1, 2020; and a rate to be decided based on COLA effective September 1, 2021. All course offerings must be pre-approved by the Superintendent.

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ARTICLE 9 - SUBSTITUTE TEACHERS

9.01

A substitute teacher is employed by the Division to either replace a regular teacher or fulfill an assignment which is less than twenty (20) days in duration.

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9.02

A substitute teacher filling a position for the same teacher for a period of at least five (5) consecutive scheduled working days shall be termed extended substitute teaching. The timetable for an extended substitute teacher shall be the same as the timetable of the teacher being replaced.

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9.03

Substitutes shall be paid according to their equivalent position on the teacher current agreement salary scale after they have substituted six (6) consecutive days for a teacher retroactive to the first day to substituting. Vacation pay shall be inclusive of salary paid under this article. For purposes of eligibility for salary scale payment part days shall be counted as a consecutive day.

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9.04

The consecutive nature of a substitute’s assignment shall not be interrupted by the normal breaks in the school cycle or illness. However, these breaks shall not be considered as teaching time for purposes of the calculation of salary.

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9.05

Substitute teachers shall be paid a daily rate, which includes vacation pay:

	Effective September 2018	Effective Date of Signing 2021	Effective September 2021
Classification 0-3:	131.98	136.65	136.65 + COLA
Classification 4-6:	175.47	181.68	181.68 + COLA

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9.06

Manitoba Teachers’ Society fees and Sunrise Teachers’ Association fees shall be deducted from a substitute teacher’s pay monthly based upon advice by Manitoba Teachers’ Society and Sunrise Teachers’ Association.

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

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9.07

A substitute teacher who has been employed for at least nine (9) consecutive days of extended substitute teaching in a school year shall be entitled to one (1) day of sick leave with pay for each nine (9) days taught in that assignment. Sick leave shall not accumulate from assignment to assignment.

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9.08

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

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9.09 Substitute Teacher’s Services Not Required

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

 

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

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9.10 Limited Term Contract

A substitute teacher who has been employed for at least twenty (20) days of substitute teaching shall, on the twenty-first (21^st) day, be signed to a Limited Term Teacher-General contract, unless the return of the regular teacher or conclusion of the substitute assignment will occur within five working days.

Notwithstanding the above, whenever it is known the assignment is to be at least 20 days, the teacher shall be signed to a limited term contract.

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9.11 Assignment

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

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9.12

1.  

The following articles of the Collective Agreement apply to substitute teachers:

Article 1          Purpose

Article 2          Effective Period

Article 3          Classification

Article 4          Salaries

Article 8.01     Transportation

Article 13        Payment of Salary

Article 14        Interest on Retroactive Pay

Article 20        Meal Period

Article 25        Freedom From Violence

Article 26        Harassment

Article 27        Working Conditions Committee

Article 29        Positions to be Bulletined

Article 31        Liaison Committee

Article 32        Complaints

Article 33        Settlements of Disputes

Article 34        Access Agreement

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9.13

1.  

The only matters which may be grieved under Article 33, Settlement of Differences, 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.

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ARTICLE 10 - PART-TIME TEACHERS

10.01

Teachers employed under contract on a part-time basis shall be paid on a pro-rated salary of a full time teacher who has the same qualifications and experience, on a proportional basis, having regard to the amount of time worked.

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10.02

Part-time teachers under contract will move to the next step on the salary schedule after service in the part-time position is equivalent to a full year’s teaching experience.

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10.03

Part-time teachers under contract will be afforded preference where the level of skill, ability and competence are sufficient in the Division’s discretion over new hires when full-time positions become available.  Length of service under contract with the Division among such part-time teachers will prevail.

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10.04

Part-time teachers under contract will be eligible to participate in applicable employee benefit plans.

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10.05

Part-time teachers under contract who are directed by the principal to attend administration days, parent/teacher conferences, pupil evaluation days and professional development days during the instructional day but outside of the time normally scheduled to work shall be compensated on a pro-rata wage basis.

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10.06

Accumulation of sick leave entitlement by part-time teachers under contract will be pro-rated.

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ARTICLE 11 - LIMITED TEACHER CONTRACT

A teacher who has been employed full-time or part-time in the Division under a Limited Teacher Contract (previously a Form 2A contract) for two successive entire school years shall, upon employment for the third consecutive year, be signed to a Teacher General contract and shall be entitled retroactively to seniority and sick leave.

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ARTICLE 12 - DEDUCTION OF MTS FEES AND ASSOCIATION DUES

12.01

The Manitoba Teachers’ Society membership fee shall be deducted from every teacher who is employed by the Division unless the teacher has given written notice to the Division prior to September 15^th that he/she is opposed to the deductions.  These deductions will be made in twenty equal installments, starting with the September cheque and shall be remitted monthly to The Manitoba Teachers’ Society.

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12.02

Association dues shall be deducted from every teacher who is employed by the Division under contract unless the teacher has given written notice to the Division prior to September 15^th that he/she is opposed to the deduction.  These deductions will be made in twenty equal installments, starting with the September cheque and shall be remitted monthly to the Association.

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12.03

The Society and 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 and make such settlement thereof as it shall see fit.

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ARTICLE 13 - PAYMENT OF SALARY

13.01

Salaries shall be paid on a twelve (12) month basis.

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13.02

Pay shall be deposited on or prior to the 15^th and second last day of the month.

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13.03

Teachers employed for a portion of the school year due to termination of employment, retirement or long term leave of absence shall be paid based upon the number of days taught.

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13.04

Deductions from salary shall be deducted in accordance with statutory or contractual requirement on each payment.

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13.05

The July and August cheques shall be payable at the same time as the June cheque.

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ARTICLE 14 - INTEREST ON RETROACTIVE PAY

Interest will be waived on any retroactive pay during the term of this agreement:

The Division shall pay with interest on the net amount of any retroactive pay which may be paid to such members, calculated from the date on which the monies would have been due to the date of actual payment.  The interest shall be computed at a rate equal to the average paid by the Chartered Banks in Beausejour, on Bonus or Premium Savings Accounts.

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ARTICLE 15 - LEAVES

15.01 - Sick Leave

1. Sick leave shall be granted to provide lost income when a teacher is unable to be at work and perform regular duties due to illness or injury.

 

2. A teacher shall be entitled to sick leave not exceeding twenty (20) teaching days in any school year.  Where the employment of a teacher is continued for more than one (1) year, the unused portion of the sick leave in any year(s) shall be carried forward and accumulated from year to year to a maximum of:

            - 40 teaching days in the second year

            - 60 teaching days in the third year

            - 80 teaching days in the fourth year

            - 100 teaching days in the fifth year

            - 120 teaching days in sixth year

            - 130 teaching days in seventh year. 

 

3. Unused sick leave shall accumulate to a maximum of 130 days.  In each school year the number of sick days used shall be deducted from the total accumulation.

 

4. There shall be no accumulation of sick leave during a period of a leave of absence.

 

5. Teachers employed on a fixed-term contract or on a part-time basis under contract shall be entitled to sick leave on a pro-rata basis.

 

6. When a teacher suffers an on-the-job injury and is absent from work as a result of this 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.  On-the-job injuries shall be defined as a disability resulting from an accident/incident occurring on Division premises or in the course of performing duties arising out of employment under the contract with the Division.

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15.02 - Compassionate Leave

Each teacher shall be allowed compassionate leave without loss of salary up to but not exceeding three (3) days in the case of death or serious illness of the teacher’s sister, brother, grandparent, grandchild, father-in-law, mother-in-law, sister-in-law, brother-in-law, daughter-in-law and son-in-law.

Each teacher shall be allowed compassionate leave without loss of salary up to but not exceeding five (5) days in the case of death or serious illness of the teacher’s spouse, common-law spouse, son, daughter, father, mother, fiancé or fiancée.

Each teacher shall be entitled to compassionate leave without any loss of salary up to but not exceeding one (1) day in the case of the death of the teacher’s uncle or aunt, or to attend a funeral as a pallbearer.

Additional compassionate leave may be granted at the discretion of the Superintendent or Designate.

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15.03 - Family Leave

Teachers shall be entitled to use up to five (5) days of accumulated sick leave per year for emergent medical issues that require the member’s attention and that pertain to his/her spouse, children and/or parents.  Such leave is non-cumulative from one school year to the next school year. Documentation to support this leave may be required.

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15.04 - Personal Leave

Each teacher shall be entitled to two (2) days of personal leave of absence per school year without loss of salary. This personal leave of absence is not cumulative from one school year to the next.

Each teacher shall be allowed to carry one personal leave day forward to the next school year, thereby allowing for a possible three (3) personal leave days in any school year. No more than two (2) personal leave days may be used consecutively without the approval of the Superintendent or designate.

Additional days, in excess of two (2) days per year, may be granted by the Superintendent’s discretion, at a deduction rate of 1/200 of the teacher’s annual rate of salary.

Teachers shall not be granted leave for the following days, except as may be approved by the Superintendent:

1. on any in-service day, parent-teacher day, administration day or pupil evaluation day designated by the Division or school;

2. to extend the time off for:

1. Spring, Summer or Christmas breaks;
2. any statutory holiday;
3. Remembrance Day; and
4. any other day as provided by regulation of the Public Schools Act.

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15.05 - Major Religious Holy Days

1. A teacher under contract shall be given leave of absence up to a maximum of three (3) days per school year without loss of salary for major religious holy days observed by the teacher and designated as a day of obligation by the teacher’s religion.

Teachers shall not absent themselves from duty for reasons of religious holy days without first notifying the Superintendent or Designate.

The following notification period shall apply:

1. teachers on staff requiring religious holy leaves during the school year shall provide notice in writing on the prescribed form as soon as possible after the start of the school year, however, not later than September 30^th.  Teachers employed after September 30^th shall provide written notice within ten (10) calendar days of their commencement of employment;

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

3. where the appropriate notice has not been given religious holy day’s leave will be provided and the teacher’s regular salary will be deducted 1/200ths of the salary for that day.

 

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

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15.06 - Parenting Leave

A teacher shall be granted up to two (2) days’ leave at no loss of salary where the teacher’s spouse/partner has given birth to a child or where they have adopted a child.

This leave shall be taken within one calendar week of the birth or adoption.

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15.07 - Exam Leave

Leave shall be granted without loss of salary for two (2) university exams per year written during school hours by teachers in the Division.  The Division shall assume the costs of the substitute required in the above cases.

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15.08 - Leave for Legal Duties

A teacher shall be allowed a leave of absence, without loss of salary, for purposes of jury duty or when subpoenaed as a Crown witness in a court of law, other than a court proceeding occasioned by the employee’s private affairs, or a court action initiated by the teacher against the Sunrise School Division. The teacher shall make him/herself available for duty at his/her school during regular school hours when he/she may not be required at Court  and will present proof of jury service or witness duty. Any fee or payment, excluding expenses, received by reason of service as a juror or witness for school days declared by Department shall be forwarded to the Division, and used for professional development purposes.

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15.09 - Leave of Absence

1. The Division may at its discretion grant leave of absence for any purpose.

 

2. A teacher having completed seven (7) or more years of service under contract with the Division shall, upon written request, be granted a leave of absence without salary of one school year provided that not more than 2% of the teaching staff in any school year (based on the prior school year's full-time equivalent complement as a measurement) are entitled to such leave as a right. In the event that more than that number request leave, then length of teaching service under contract with the Division shall prevail.  A leave of absence of less than one school year may be granted.

 

3. Where leave of absence is granted under (a) or (b) herein, a teacher, obtaining such leave, shall not be able to avail himself/herself of any of the terms of this Collective Agreement and hereby waives all provisions of the Collective Agreement excepting the Lay-off and the Group Insurance articles of the Agreement. In addition, such leave shall not constitute a break in tenure or loss of sick leave accumulated to date of commencement of leave. There shall be no credit for experience for increment purposes or further accumulation of sick leave for the period of the leave of absence.

 

4. A teacher, having first become eligible for leave, and having taken such leave, shall again become eligible for leave following completion of seven (7) or more additional years of service under contract with the Division.

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[View Article]

ARTICLE 16 - MATERNITY AND PARENTAL LEAVE

16.01

Every female teacher shall be entitled to maternity leave and every teacher shall be entitled to parental leave in accordance with this article.

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16.02

Except as otherwise provided herein the Manitoba Employment Standards Code will apply.

[View Clause]

16.03

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

[View Clause]

16.04

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 and Social Development Canada to a Supplemental Unemployment Benefits (SUB) plan. The implementation of this clause is subject to the successful arrangement of a Supplemental Unemployment Benefits Plan with Human Resources and Social Development Canada.

[View Clause]

16.05

In respect to 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 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 90% of her gross salary.

[View Clause]

16.06

A teacher taking parental leave shall receive pay for the period of leave up to ten (10) weeks of payment equivalent to the difference between the payment from HRSDC and 90% of his/her salary. The ten weeks includes any waiting period required for employment insurance benefits.

[View Clause]

16.07 Top-Up Benefits

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

The Division shall pay a teacher on Maternity Leave and/or Parental Leave:

1. if the teacher’s two (2) week or ten (10) day waiting period falls entirely on teaching days, ninety percent (90%) of the teacher’s gross salary plus up to seventy-five (75) teaching days of Maternity Leave Top-up calculated at the difference between the teacher’s employment insurance benefit and ninety percent (90%) of the teacher’s gross salary provided the teacher remains on either Maternity or Parental Leave and continues to receive employment insurance benefits;
2. if the teacher’s two (2) week or ten (10) day waiting period falls partially or entirely within a non-teaching period, ninety percent (90%) of the teacher’s gross salary for any teaching days and up to eighty-five (85) teaching days of Maternity Leave top up calculated at the difference between the teacher’s employment insurance benefit and ninety percent (90%) of the teacher’s gross salary     provided the teacher remains on either Maternity or Parental Leave and continues to receive employment insurance benefits;
3. up to fifty (50) teaching days of Parental Leave top up calculated at the difference between the teacher’s employment insurance benefit and ninety percent (90%) of the teacher’s gross salary provided the teacher remains on Parental Leave and continues to receive employment insurance benefits.

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

1. one hundred and thirty-five (135) teaching days of pay and/or top-up benefits if the teacher takes both Maternity Leave and Parental Leave;
2. eighty-five (85) teaching days of pay and/or top-up benefits if the teacher only takes Maternity Leave;
3. fifty (50) teaching days of pay and/or top-up benefits if the teacher only takes Parental Leave.

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

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16.08 Non-Application

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

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ARTICLE 17 - ASSOCIATION LEAVE

17.01 - Leave of Absence for Executive Duties

1. A teacher, being a member of the Association's Executive Committee or of the Executive Committee of any branch thereof or of any special committee of the Society or being appointed an official representative or a delegate of the Society, or any branch thereof, and being authorized by the Executive Committee of the Society to attend a meeting of the committee of which he/she is a member or to act as a representative or delegate of the Society or of any branch of the Society in a matter of Society business requiring absence from school, shall have the right to attend such meeting or to act as such representative or delegate and shall be excused from school duties for either purpose or both purposes on not more than a total of eight (8) teaching days in any school year provided that a satisfactory substitute can be secured and the cost of the substitute is reimbursed to the Division by the Society or Association.

 

2. A maximum of sixty (60) days in total may be taken for the purposes mentioned above during any school year by members of the Association.  An additional forty (40) days of leave shall be granted for a member of the Provincial Executive at 1/200ths deduction.

 

3. No additional leave of absence beyond eight (8) days in a school year shall be taken for the purposes mentioned above, except with the consent and approval of the Board.

 

4. Five teaching days notice should be given to the Division by the teacher requiring the leave, provided that, in the event less notice is given, the Division shall not unreasonably withhold its consent for leave.

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17.02 - Leave for Association President/MTS President or Vice-President

1. The Association President shall be permitted leave from teaching duties of either 50% or 100% of the time.  This percentage shall be determined by the Association prior to the beginning of the school year.  There shall be no loss of benefits and the Association shall reimburse the Division for the entitled salary for the percentage of time that the President is absent from teaching duties.  The Association will also reimburse for the appropriate percentage of allowance, where applicable, benefits (such as E.I., C.P.P. and Group Life Insurance premiums, etc.) and other costs related to the President’s leave.  Except in the case of a 50% president, the right granted herein shall be in place of and not in addition to the rights granted by Leave of Absence for Executive Duties article of this Agreement.  Upon the return of the teacher to the Division, the teacher shall be reinstated in either the same or comparable position.

 

2. A teacher who is elected to The Manitoba Teachers’ Society as President or Vice-President shall, upon reasonable notice, be granted leave for that term of office and, upon the return of that teacher to the Division, shall be reinstated in either the same or comparable position.

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ARTICLE 18 - DEFERRED SALARY LEAVE

The Division agrees to administer a Deferred Salary Leave Plan as determined by the parties and which is acceptable to Revenue Canada.

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ARTICLE 19 - EMPLOYEE BENEFITS PLANS

19.01 - Group Life Insurance

The Division will administer the Manitoba Public School Employees’ Group Life Insurance Plan according to the terms and conditions of the Master Policy of the said plan.

Unless otherwise excluded, the employees’ share of annual premiums shall be deducted in equal amounts from each salary cheque, for all participants in the plan.

All employees shall be required to participate in the plan.

[View Clause]

19.02 - Dental Plan

1. The Division will participate in the administration of the MSBA-MTS Dental Plan in accordance with the terms and conditions of the Agreement entered into by the Division and the Association, attached hereto as Schedule 1 (the “Dental Plan Agreement”).

 

2. All Employees covered by this Collective Agreement that are eligible under the terms of the MSBA-MTS Dental Plan shall be required to participate in the MSBA/MTS Dental Plan unless entitled to elect out of the Dental Plan as may be permitted under the terms thereof.

 

3. The cost of the MSBA-MTS Dental Plan will be paid by the Division in accordance with the terms and conditions of the Dental Plan Agreement.

 

4. The Division agrees that the Division’s monthly contribution to the Dental Plan on behalf of each Employee will be the monthly rate for family coverage (that is, entitlement to coverage for an Employee, his/her spouse, and his/her dependent children, having regard to the definition of spouse and dependent children in the Dental Plan). Provided that prior to the beginning of the plan year an Employee may elect in prescribed form for reduced coverage as permitted under the terms of the Dental Plan in which case the Division agrees to make monthly payments to the Employee as follows:

An Employee with only one dependent (spouse or child) who is entitled to and does so duly elect to opt down from family coverage under the Dental Plan to coverage for Employee and one other family member only, shall receive an amount equal to the difference in the monthly rate between family coverage and coverage for an Employee and one dependent only;

An Employee, with neither spouse nor dependent children, who is entitled to and does so duly elect to opt down from family coverage under the Dental Plan to coverage for an Employee only, shall receive an amount equal to the difference in the monthly rate between family coverage and coverage for an Employee only;

1. An Employee who is entitled to and does so duly elect to opt out of all coverage on the basis that the Employee’s spouse has dental plan coverage, shall receive an amount equal to the monthly rate for family coverage.

[View Clause]

19.03 - Short Term Disability

The Division will administer The Manitoba Teachers’ Society Short Term Disability Insurance Plan.

All eligible employees covered by this collective agreement shall be required to participate in the Short Term Disability Plan. Premiums shall be deducted monthly from salary and remitted to the Plan.

The Division shall refund to the Association the whole of the additional rebate allowable under the Employment Insurance Commission Act.

The Association shall indemnify and save the Division from any and all losses, costs, liabilities or expenses suffered or sustained by the Division as a result of any claim or legal action arising from the deduction of premiums or exercise of other responsibilities with respect to the Short Term Disability Plan.

[View Clause]

19.04 - Extended Health

1. The Board shall administer The Manitoba Teachers’ Society Extended Health Benefit Plan in accordance with the terms and conditions of the Plan.

 

2. Except as noted in 3 and 4, all employees that are eligible under the terms of the Plan shall be required to participate in the Plan.

 

3. Where an employee provides evidence of coverage for Extended Health Benefit through a spousal plan, such employee shall be eligible to opt out of this Plan subject to the terms of this Plan.

 

4. An employee who works less than 0.3 shall not be required to join the Plan.

[View Clause]

19.05 - Long Term Disability

The Division will administer The Manitoba Teachers’ Society Disability Plan.

The premiums for the Plan shall be paid by each participating employee and shall be deducted monthly from salary and remitted to the Plan.

Save and except for the deduction and remittance of premiums as directed by the Association, the Association acknowledges and agrees that the Division neither has nor assumes any responsibility whatsoever with respect to the Disability Plan of The Manitoba Teachers’ Society.

[View Clause]

19.06 - Limit on Division’s Responsibility for Benefit Plans

Save and except for the deduction and remittance of premiums as directed by the Association, the Association acknowledges and agrees that the Division neither has, nor assumes, any responsibility whatsoever with respect to any aspect of the benefit plans administered by The Manitoba Teachers’ Society.

[View Clause]

[View Article]

ARTICLE 20 - DUTY FREE MEAL PERIOD

Except in cases of emergency or unforeseen circumstances, every teacher who teaches more than a half-day shall be entitled to an uninterrupted meal period of 60 minutes, between 11:00 a.m. and 2:00 p.m. daily.

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ARTICLE 21 - CONTACT TIME

Student contact time, whether such time is in a teaching, consultative or supervisory role assigned in a school year shall be no greater than the contact time assigned in the previous school year, based upon the divisional average for each level:

1. Early Years

2. Middle Years

3. Senior Years

 

The Division will endeavor to keep contact time as equal as possible for teachers within individual schools and levels.  The student contact time assigned in any school year to a teacher in any one school during the normal school day may be greater or lesser than the previous school year.

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ARTICLE 22 - TRANSFER

22.01

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

[View Clause]

22.02

The Division’s right to initiate transfers shall always be exercised fairly and reasonably having regard to all the circumstances including, primarily, the educational needs of the Division and, secondly, the interests of the teacher involved.

[View Clause]

22.03

The interests of the teacher shall be determined through consultation at a meeting prior to any decision being taken on the transfer.

[View Clause]

22.04

A teacher, who is to be transferred within the Division, shall be given reasonable written notice of the proposed transfer. A copy of all written notices of transfers shall be sent to the President of the Association.

[View Clause]

22.05

The reasons for the transfer shall be included in the written notice of the transfer.

[View Clause]

22.06

Where a teacher receives notice of a transfer for the next school year on or after June 1^st, the teacher may resign within fourteen (14) calendar days of receiving notice and such resignation shall be deemed to be mutual.

[View Clause]

22.07

An arbitration board or single arbitrator, appointed under the provisions of Article 33 to consider a grievance arising from the content and/or meaning and/or application and/or alleged violation of this article, shall have the power to:

1. uphold the transfer, or

2. provide an appropriate remedy which may include, if the circumstances warrant, rescission of the transfer. An order to rescind the transfer shall provide a reasonable period of time for implementation taking into account all relevant circumstances but shall in no case exceed a full school year and a day following the order to rescind.

[View Clause]

22.08

Where the Division requests the transfer of a teacher to a school which is forty (40) km further from the teacher’s home than is his/her present school and the teacher moves the household forty (40) km or more towards the new school, the Division shall pay the reasonable costs of moving the teacher’s personal and household effects up to a maximum of $1000.

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[View Article]

ARTICLE 23 - LAY-OFF

23.01

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.

[View Clause]

23.02

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.

[View Clause]

23.03

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 1^st of each year. Teachers shall have until February 28^th 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 7^th by both parties in writing to be correct. Any protest shall be limited to changes that have occurred since the last certified listing.

[View Clause]

23.04 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;

 

5. 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 twenty (20) instructional days between the subsequent contracts.

2. 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.

3. 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.

4. 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.

[View Clause]

23.05

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 and/or parental leave under the provisions of the Employment Standards Code.

[View Clause]

23.06

1.  

A teacher will retain but not accrue seniority if absent from work because of:

1. a leave of absence in excess of thirty (30 ) calendar days;
2. lay-off for a period of time less than that set out in this article;
3. absence due to illness or accident for more than the maximum number of days accumulated under the provisions of the Collective Agreement;
4. absence because the Division has granted more maternity and/or parental leave than required by the Employment Standards Code.

[View Clause]

23.07

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 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 30^th 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.

[View Clause]

23.08

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.

[View Clause]

23.09

Notice of lay-off shall be given to the teacher by registered letter no later than the fifteenth (15^th) 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.

[View Clause]

23.10

If, after lay-offs have occurred and for a period of one calendar year after the 30^th 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 laid off teachers are offered the available positions provided that the said teachers have the necessary training, qualifications and experience.

[View Clause]

23.11

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;

[View Clause]

23.12

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.

[View Clause]

23.13

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 Teacher Contract) 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 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 lay-off situation.

Teachers under 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 lay-off situation.

[View Clause]

23.14

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

[View Clause]

[View Article]

ARTICLE 24 - EXTRA-CURRICULAR ACTIVITIES

24.01

“Extra-curricular activities” means student-related athletic, social, 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.

[View Clause]

24.02

The parties acknowledge the importance of extra-curricular activities as an integral part of each student’s educational experience.

[View Clause]

24.03

An eligible extra-curricular activity is an activity which has received prior approval from the school principal.

[View Clause]

24.04

In any school year, as defined by the Minister, a teacher will be entitled to a paid leave of absence of one-half day for every twenty-five (25) hours of extra-curricular activities to a maximum equivalent of two (2) full days or four (4) half-days per school year. Furthermore:

1. A teacher may perform the fifty (50) hours of eligible extra-curricular activities over the course of two (2) consecutive school years;

and

2. the date(s) for such leave shall be agreed upon between the principal and the teacher. The maximum leave allowed to be carried over into the next school year shall be up to an equivalent of one (1) full day.

[View Clause]

24.05

Teachers authorized to engage in approved extra-curricular activities shall be reimbursed for reasonable, documented mileage and meal expenses related to such activities.

[View Clause]

[View Article]

ARTICLE 25 - FREEDOM FROM VIOLENCE

The Parties recognize the principle that all teachers and students should have a school environment free from physical violence, verbal abuse or the threat of physical assault and both Parties shall make a reasonable effort to maintain this goal.

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ARTICLE 26 - HARASSMENT

All teachers in the Sunrise School Division are entitled to a working environment free from harassment as defined in the Manitoba Human Rights Code.

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ARTICLE 27 - WORKING CONDITIONS COMMITTEE

At the beginning of each school year the staffs of each school in the Division shall have the option of establishing a working conditions committee.

Where such a committee is established it shall comprise between three and five teachers duly elected by the school staff.

The committee shall meet whenever it is requested by a teacher or teachers to consider a problem arising out of working conditions.

Prior to referring a working condition problem to the committee, the teacher or teachers concerned should normally raise it with the school principal and attempt to resolve it at that level.

The principal shall respond to the teacher or teachers within ten (10) teaching days.  If the problem is not resolved, the teacher or teachers may refer it to the committee.

The committee shall attempt to resolve the problem at the school level.  If action by the Superintendent is required, or if the problem cannot be resolved at the school level within ten (10) teaching days, or such other period mutually agreeable to the committee and the teacher or teachers who have raised the problem, the committee shall make recommendations to, or refer the matter to the Superintendent by means of a report filed with the Superintendent and copied to the Association President.  The Superintendent shall respond within ten (10) teaching days.

If the matter is not resolved to the satisfaction of any of the Parties involved an appeal in the form of a written report may be made to the School Board by the Superintendent or any of the Parties involved within fourteen (14) teaching days.

The School Board may rule on the matter and may request an in-camera session with the Parties involved.

Nothing in this article reduces any rights a teacher may have under the Public Schools Act or the Labour Relations Act.

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ARTICLE 28 - PROFESSIONAL DEVELOPMENT FUND

The Division shall provide $120,000 on an annual basis to be paid into a Divisional Professional Development Fund for the purpose of professional development for the teachers.

The following expectations shall apply:

• The Fund shall be administered by the Association’s Professional Development Committee;
• Release time of the teacher must be approved in advance by the Principal.  Such release is subject to a substitute being available;
• The actual cost of substitutes shall be deducted from the annual allocation;
• At the end of each school year, the Association will present a detailed report to the Board on the use of the funds.

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ARTICLE 29 - POSITIONS TO BE BULLETINED

For positions covered by the Collective Agreement the Division shall bulletin vacancies in all schools in the Division for five (5) teaching days, excepting those vacancies occurring during the December, Spring and Summer breaks; such vacancies shall be posted at those times in the Division Office for five (5) working days.

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ARTICLE 30 - NEW POSITIONS

Should the Division from time to time establish teaching positions which job titles are not included in this Agreement, the Division will notify the Association of its intention to advertise and enter into negotiations with the Association for the purpose of establishing the salaries and working conditions prior to these positions being advertised.

[View Clause]

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ARTICLE 31 - LIAISON COMMITTEE

A joint Division/Association liaison committee shall be established, consisting of three (3) representatives of the Division and three (3) representatives of the Association, whose purpose shall be to discuss and recommend action on matters of joint concern and without limiting the generality thereof.  The Committee shall meet at least four (4) times per year and either party may request a meeting at any time.

[View Clause]

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ARTICLE 32 - COMPLAINTS REGARDING TEACHERS

It is agreed that prior to the Board or Superintendent considering a complaint against a teacher, every effort shall be made to resolve the matter at the school level.

It is further agreed that before the Board or Superintendent considers any complaint against a teacher, the complaint must be made in writing, signed by the complainant to the Board or Superintendent.  Prior to any action being taken by the Board or Superintendent, the teacher must be given a copy of that complaint and the President of the Association be informed that a complaint has been lodged against a teacher.  In any inquiry involving the teacher with regard to the said complaint, the teacher shall have the opportunity to address the complaint either personally or through agent or counsel.

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ARTICLE 33 - 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 a difference between the parties arises relating to the content, application or violation of this agreement, either party shall, within thirty (30) teaching days of the event giving rise to the alleged violation or difference, or within thirty (30) teaching days from the date on which the griever became aware of the event giving rise to the alleged violation or difference, notify the other party in writing, stating the alleged violation or difference and the solutions sought.

Any difference between the parties to, or persons bound by this agreement or on whose behalf it was entered into, concerning its content, meaning, application or violation which is not settled to the satisfaction of the parties within ten (10) teaching days from the date when the Association takes up the matter with the Division or the Division notifies the Association in writing of a desire to have the difference negotiated shall, upon request of either party, be submitted to an arbitration board, consisting of three members.

Each of the parties of the dispute shall, within seven (7) days of the date of the request for the arbitration, appoint an arbitrator and shall notify the other party of the appointment.  These two arbitrators within a further period of seven (7) days after their appointment shall meet and select a chairman mutually satisfactory to both.  Should the two arbitrators fail to agree upon a chairman within the required seven (7) days either party may request the Manitoba Labour Board to make the appointment.

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 the 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 instead of the arbitration board.

[View Clause]

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ARTICLE 34 - ACCESS AGREEMENT

Staff officers of The Manitoba Teachers’ Society or other Association representatives shall be permitted to transact official business of the association with teachers on Division property provided such business shall not interfere with or interrupt the duties of teachers.  Reasonable notice of such business shall be provided to the Superintendent or Designate.

[View Clause]

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ARTICLE 35 – DISTRIBUTION OF AGREEMENT

Paper copies shall be provided upon request to teachers on staff. The Division shall, as soon as possible after the date of signing, post a copy of the revised collective agreement on the Division website.

[View Clause]

THIS AGREEMENT is by and between the Sunrise School Division and the Sunrise Teachers’ Association of The Manitoba Teachers’ Society.

 

DATED at Beausejour, Manitoba this 20^th day of May, 2021.

 

Signed and agreed on behalf of                                  Signed and agreed on behalf of

the Sunrise School Division.                                        the Sunrise Teachers’ Association

                                                                                    of The Manitoba Teachers’ Society.

 

                                                                                                                                               

     Chairperson of the Board                                                           President

 

                                                                                                                                               

       Secretary-Treasurer                                                                 Secretary

 

                                                                                                                                                           

Chairperson of the Negotiations Committee             Chairperson of the Negotiations Committee

[View Clause]

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COLLATERAL AGREEMENT

THIS COLLATERAL AGREEMENT made this 20^th day of May, 2021

BETWEEN:

THE SUNRISE SCHOOL DIVISION

(hereinafter referred to as the “Division”)

OF THE FIRST PART,

- and -

THE SUNRISE TEACHERS’ ASSOCIATION OF

THE MANITOBA TEACHERS’ SOCIETY

(hereinafter referred to as the “Association”)

OF THE SECOND PART.

WHEREAS pursuant to a certain collective agreement dated May 20, 2021, made between the Division and the Association, the Division has agreed to participate in the administration of the Manitoba Public School Employees Dental & Extended Health Benefits Plan (the “Plan”) for all of the eligible employees (the “Employees”) as described by the Manitoba Public School Employees Benefits Trust (the “Trust”) in the employ of the Division; and

WHEREAS the Division and the Association desire to set forth the terms and conditions under which the Division shall so participate in the administration of the Plan; and

WHEREAS pursuant to a certain agreement made between the Manitoba School Boards Association, the Manitoba Teachers’ Society and the Trust, the Trust is responsible for the formulation, implementation and operation of the Plan.

NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and the mutual covenants herein contained, the parties hereto hereby agree as follows:

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

 

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

 

3. Subject to the terms of the Agreement, the Division and the Association shall comply with any administrative or underwriting requirements in respect to the Plan stipulated by the Trust and/or by the insurer appointed by the Trust to administer the Plan.

 

4. The Division shall make the following payments:

1. Subject to paragraph (b) which follows, for September, 2018 the Division shall pay monthly
   $121.50 on behalf of each Employee in respect of the Dental plan and/or $124.00 on behalf of each Employee in respect of the Extended Health plan, and $10.00 for the Vision component of Extended Health, said $121.50, $124.00, and $10.00 being the monthly rates for family coverage under each plan. Such payments shall be made to the Trust or to such party as the Trustees shall designate in writing.

Subject to paragraph (b) which follows, for September, 2019 the Division shall pay monthly
$130.50 on behalf of each Employee in respect of the Dental plan and/or $126.00 on behalf of each Employee in respect of the Extended Health plan, and $10.00 for the Vision component of Extended Health, said $130.50, $126.00, and $10.00 being the monthly rates for family coverage under each plan. Such payments shall be made to the Trust or to such party as the Trustees shall designate in writing.

Subject to paragraph (b) which follows, for September, 2020 the Division shall pay monthly
$144.00 on behalf of each Employee in respect of the Dental plan and/or $131.00 on behalf of each Employee in respect of the Extended Health plan, and $10.00 for the Vision component of Extended Health, said $144.00, $131.00, and $10.00 being the monthly rates for family coverage under each plan. Such payments shall be made to the Trust or to such party as the Trustees shall designate in writing.

2. Where an Employee is entitled to and has so elected for reduced coverage, as permitted under the terms of the Plan, that is, coverage for Employee and one dependent (spouse or child) only, or for Employee only, or for no coverage in the event of the Employee having alternate employer-sponsored group dental or health coverage, as the case may be, the Division shall pay to the employee the difference in the monthly rate under each plan between family coverage and the coverage elected by the Employee.

3. For each year thereafter, the Division shall pay monthly on behalf of each Employee an amount not to exceed the amount payable by the Division for each Employee in the preceding year (taking into account payments referred to in both sub-paragraphs (a) and (b) of this paragraph 4) increased or decreased by a percentage equivalent to the percentage negotiated or awarded on average for the salary schedule of the Employees in the current year.

 

5. It is understood and agreed by the Association that any eligible Employees employed on or after the effective date of the implementation of the Plan shall be required to participate in the Plan unless entitled to elect out of the Plan as may be permitted under the terms thereof.

 

6. This Agreement may be terminated by either of the parties hereto effective the first day of September of a particular calendar year provided that not less than 12 months written notice of such termination is given by the party terminating this Agreement to the other party hereto.

 

7. Any notice required or permitted to be given hereunder shall be deemed to be effectively given if mailed by registered mail, postage prepaid or delivered by bonded carrier to the parties at the following addresses:

                        To the Division:

                        SUNRISE SCHOOL DIVISION

                        Box 1206   344 Second St. N.

                        Beausejour MB    R0E 0C0

 

                        To the Association:

                        SUNRISE TEACHERS’ ASSOCIATION

                        Box 908  607 Ashton Ave

                        Beausejour MB    R0E 0C0

 

and if mailed as aforesaid, shall be deemed to have been given on the fifth business day next following that upon which the letter containing such notice was posted.

 

8. Time shall be of the essence of the Agreement which Agreement shall be governed by the laws of the Province of Manitoba.

 

9. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns.

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

THE SUNRISE SCHOOL DIVISION

_______________________

Chairperson

_______________________

Secretary - Treasurer

 

IN WITNESS WHEREOF the Association has caused this Agreement to be executed as duly attested by the signatures of the proper officers of the Association.

THE SUNRISE TEACHERS' ASSOCIATION

________________________

President

________________________

Secretary

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AUXILIARY AGREEMENT

THIS AUXILIARY AGREEMENT made as of the 20^th day of May, 2021

BETWEEN:

SUNRISE SCHOOL DIVISION

(hereinafter referred to as the “Division”)

- and -

SUNRISE TEACHERS’ ASSOCIATION OF

THE MANITOBA TEACHERS’ SOCIETY,

(hereinafter referred to as the “Association”)

WHEREAS pursuant to a certain collective agreement dated May 20, 2021 the Division has agreed to participate in a number of insurance programs, including:

• The Manitoba Public School Employees Group Life Insurance Plan; and
• The Manitoba Public School Employees Dental & Extended Health Benefits Plan.

 

The Division has agreed to participate in these plans subject to the terms of administration and cost sharing, as determined by the conditions of entry stipulated by each individual plan.

WHEREAS the Division recognizes that not all teachers will be eligible for coverage under these plans by virtue of their administration and underwriting rules, the Division and the Association have agreed that certain Teachers will be paid according to the annual rate of pay for the 2018/19, 2019/20, and 2020/21 school years which follow:

STEP	EFFECTIVE JULY 1, 2018 (1.6%)
0	$  50,915	$  59,352	$  67,726	$  59,243	$  63,235	$    67,152	$      71,057
1				$  62,407	$  66,498	$    70,606	$      74,668
2				$  65,571	$  69,760	$    74,051	$      78,286
3				$  68,735	$  73,021	$    77,501	$      81,898
4				$  71,892	$  76,284	$    80,955	$      85,514
5				$  75,063	$  79,547	$    84,403	$      89,126
6				$  78,223	$  82,811	$    87,851	$      92,741
7				$  81,386	$  86,067	$    91,301	$      96,357
8				$  84,552	$  89,332	$    94,749	$      99,967
9				$  88,938	$  93,825	$    99,432	$   104,812

STEP	EFFECTIVE JULY 1, 2019 (1.4%)
0	$  51,628	$  60,183	$  68,674	$  60,072	$  64,120	$    68,092	$      72,052
1				$  63,280	$  67,429	$    71,594	$      75,713
2				$  66,489	$  70,736	$    75,088	$      79,382
3				$  69,698	$  74,043	$    78,587	$      83,044
4				$  72,899	$  77,352	$    82,088	$      86,711
5				$  76,114	$  80,660	$    85,585	$      90,373
6				$  79,318	$  83,970	$    89,081	$      94,040
7				$  82,525	$  87,272	$    92,579	$      97,706
8				$  85,735	$  90,582	$    96,076	$   101,367
9				$  90,183	$  95,138	$  100,824	$   106,279

STEP	EFFECTIVE JULY 1, 2020 (0.5%)
0	$  51,886	$  60,484	$  69,017	$  60,373	$  64,441	$    68,432	$      72,412
1				$  63,597	$  67,766	$    71,952	$      76,092
2				$  66,821	$  71,090	$    75,463	$      79,779
3				$  70,046	$  74,413	$    78,979	$      83,460
4				$  73,263	$  77,739	$    82,499	$      87,144
5				$  76,495	$  81,064	$    86,013	$      90,825
6				$  79,715	$  84,390	$    89,527	$      94,510
7				$  82,938	$  87,709	$    93,042	$      98,195
8				$  86,164	$  91,035	$    96,556	$   101,874
9				$  90,634	$  95,614	$  101,328	$   106,810

The parties have acknowledged that, without limiting the foregoing, the following classes of Teachers shall be paid according to this pay scale:

1. Substitute teachers;
2. Part-time teachers working less than 30% of full time;
3. Teachers receiving a Maternity or Parental Leave top-up;
4. Term teachers who are contracted to work less than 60 days.

This Auxiliary Agreement is attached to and forms part of the Collective Agreement between the Parties dated May 20, 2021.

 

CONCURRING SIGNATORIES

 

Dated at Beausejour, Manitoba this 20^th day of May, 2021.

 

Signed and agreed on behalf of the Division:

_________________________________________

Chairperson

_________________________________________

Secretary - Treasurer

 

 

Signed and agreed on behalf of the Association:

_________________________________________

President

_________________________________________

Secretary

[View Clause]

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LETTER OF AGREEMENT

Manitoba Public School Employees Dental and Extended Health Plan

LETTER OF AGREEMENT 

Manitoba Public School Employees Dental and Extended Health Plan

Between

The Sunrise School Division

 and

 The Sunrise Teachers’ Association

of the

 Manitoba Teachers’ Society

RE: Sept 2018, Sept 2019, Sept 2020 Salary grid net of Dental and Extended Health

The Division administers the Manitoba Public School Employees Dental and Extended Health Plan as per the Collateral Agreement dated May 20, 2021 for the members of the Sunrise Teachers’ Association.  Teachers who are participants in the Dental Plan and Extended Health shall be paid according to article 4 in the Collateral agreement. The following salary schedule reflects the provisions of article 4 of the Collateral Agreement for September 2020.       

STEP	EFFECTIVE SEPTEMBER 2018			Premium: $3066
0	$  47,849	$  56,286	$  64,660	$  56,177	$  60,169	$  64,086	$   67,991
1				$  59,341	$  63,432	$  67,540	$   71,602
2				$  62,505	$  66,694	$  70,985	$   75,220
3				$  65,669	$  69,955	$  74,435	$   78,832
4				$  68,826	$  73,218	$  77,889	$   82,448
5				$  71,997	$  76,481	$  81,337	$   86,060
6				$  75,157	$  79,745	$  84,785	$   89,675
7				$  78,320	$  83,001	$  88,235	$   93,291
8				$  81,486	$  86,266	$  91,683	$   96,901
9				$  85,872	$  90,759	$  96,366	$ 101,746

STEP	EFFECTIVE SEPTEMBER 2019			Premium: $3198
0	$  48,430	$  56,985	$  65,476	$  56,874	$  60,922	$  64,894	$   68,854
1				$  60,082	$  64,231	$  68,396	$   72,515
2				$  63,291	$  67,538	$  71,890	$   76,184
3				$  66,500	$  70,845	$  75,389	$   79,846
4				$  69,701	$  74,154	$  78,890	$   83,513
5				$  72,916	$  77,462	$  82,387	$   87,175
6				$  76,120	$  80,772	$  85,883	$   90,842
7				$  79,327	$  84,074	$  89,381	$   94,508
8				$  82,537	$  87,384	$  92,878	$   98,169
9				$  86,985	$  91,940	$  97,626	$ 103,081

STEP	EFFECTIVE SEPTEMBER 2020			Premium: $3420
0	$  48,466	$  57,064	$  65,597	$  56,953	$  61,021	$  65,012	$   68,992
1				$  60,177	$  64,346	$  68,532	$   72,672
2				$  63,401	$  67,670	$  72,043	$   76,359
3				$  66,626	$  70,993	$  75,559	$   80,040
4				$  69,843	$  74,319	$  79,079	$   83,724
5				$  73,075	$  77,644	$  82,593	$   87,405
6				$  76,295	$  80,970	$  86,107	$   91,090
7				$  79,518	$  84,289	$  89,622	$   94,775
8				$  82,744	$  87,615	$  93,136	$   98,454
9				$  87,214	$  92,194	$  97,908	$ 103,390

Dated at Beausejour, Manitoba this 20^th day of May 2021

 

Signed on behalf of the Sunrise School Division:

__________________________

Chairperson

__________________________

Secretary – Treasurer

 

Signed on behalf of the Sunrise Teachers’ Association:

__________________________                               

President

__________________________                   

Secretary

 

 

[View Clause]

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LETTER OF UNDERSTANDING

LETTER OF UNDERSTANDING

BETWEEN:

Sunrise School Division

(hereinafter referred to as the “Division”)

and

Sunrise Teachers’ Association

(hereinafter referred to as the “Association”)

EARLY NOTIFICATION - RENEW

If the Board intends to offer an Early Notification gratuity, the Board shall first negotiate said gratuity with the Association and sign a Letter of Understanding.

DATED at Beausejour, Manitoba this 20^th day of May, 2021.

 

Signed and agreed on behalf of                                  Signed and agreed on behalf of

the Sunrise School Division.                                        the Sunrise Teachers’ Association

                                                                                    of The Manitoba Teachers’ Society.

 

                                                                                                                                               

     Chairperson of the Board                                                           President

 

 

                                                                                                                                               

     Secretary-Treasurer                                                                   Secretary

 

________________________________                    _______________________________

Chairperson of the Negotiations Committee             Chairperson of the Negotiations Committee

[View Clause]

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LETTER OF UNDERSTANDING

LETTER OF UNDERSTANDING

BETWEEN:

Sunrise School Division

(hereinafter referred to as the “Division”)

and

Sunrise Teachers’ Association

(hereinafter referred to as the “Association”)

WHEREAS: Human Resources and Social Development Canada (HRSDC) requires hours of work to be recorded in Records of Employment; and

WHEREAS:  for those employee groups for whom there are no pre-determined hours of work, HRSDC requires that an agreement be reached between the employer and the employee group as to what hours of work will be recorded on Records of Employment.

IT IS HEREBY AGREED between the Division and the Association:

 

1. The reporting of hours of work of full-time teachers to be recorded on Records Of Employment will be 9.1 hours per day or 45.5 hours per week for 200 teaching days (or the number of days in the school year determined by the Minister of Education, Citizenship and Youth) per school year.
2. The reporting of hours of work for part-time teachers to be recorded on Records of Employment will be the same per cent of 9.1 hours per day or 45.5 hours per week that their per cent of employment is of full-time.
3. The reporting of hours of work for substitute teachers to be recorded on Records of Employment will be 9.1 hours per full day of employment as a substitute teacher.
4. The reporting of hours of work for ½ day substitute teachers to be recorded on Records of Employment will be 4.55 hours per½ day of employment as a substitute teacher.

IT IS FURTHER AGREED that this agreement is solely for the purposes of completing Records of Employment for Employment Insurance and is not to be used for any other purpose whatsoever or submitted as a document to any proceeding or in relation to any matter not related to Employment Insurance.

DATED at Beausejour, Manitoba this 20^th day of May, 2021.

 

Signed and agreed on behalf of                                  Signed and agreed on behalf of

the Sunrise School Division.                                        the Sunrise Teachers’ Association

                                                                                    of The Manitoba Teachers’ Society.

 

                                                                                                                                               

     Chairperson of the Board                                                           President

 

 

                                                                                                                                               

       Secretary-Treasurer                                                                 Secretary

 

______________________________                                                                                                    

Chairperson of the Negotiations Committee             Chairperson of the Negotiations Committee

[View Clause]

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LETTER OF UNDERSTANDING

LETTER OF UNDERSTANDING

BETWEEN:

Sunrise School Division

(hereinafter referred to as the “Division”)

and

Sunrise Teachers’ Association

(hereinafter referred to as the “Association”)

RE:       ARTICLE 28 - PROFESSIONAL DEVELOPMENT FUND

Further to Article 28 of the Collective Agreement between the parties, it is understood and agreed that the allocation of Professional Development funds from the Sunrise Teachers’ Association Professional Development account to its members is to be aligned/referenced to at least one of the following four qualifying criteria / areas:

1. Divisional Goals
2. School Goals
3. Teacher Professional Learning Plan "Growth Plans/Goals"
4. Teaching assignment

 

All other considerations regarding the allocation of funds will be determined by the Association’s Professional Development Committee.

 

The Division shall reimburse all approved professional development expenditures authorized by the Association.

 

The Division shall continue its’ current practice of providing the Association with transaction reports re: Professional Development Fund.

 

Any unused funds as of June 30^th of each year will not be accessible by the Association.

DATED at Beausejour, Manitoba this 20^th day of May, 2021.

 

Signed and agreed on behalf of                                  Signed and agreed on behalf of

the Sunrise School Division.                                        the Sunrise Teachers’ Association

                                                                                    of The Manitoba Teachers’ Society.

 

                                                                                                                                               

      Chairperson of the Board                                                          President

 

                                                                                                                                               

       Secretary-Treasurer                                                                 Secretary

 

                                                                                        _______________________________

Chairperson of the Negotiations Committee             Chairperson of the Negotiations Committee

[View Clause]

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Letter of Understanding

LETTER OF UNDERSTANDING

BETWEEN:

THE SUNRISE SCHOOL DIVISION

(hereinafter referred to as the ‘Division”)

-and-

THE SUNRISE TEACHERS’ ASSOCIATION OF

THE MANITOBA TEACHERS’ SOCIETY

REGARDING: Cost of Living Allowance (COLA)

 

The parties agree that during the life of the collective agreement for the period of July 1, 2018 to June 30, 2022, where articles in the body of the agreement use the term COLA for clauses or tables pertaining to wages or allowances, COLA shall be calculated as follows:

 

The July 1, 2021 Cost of Living Adjustment (COLA) will be determined using the 12-month (January to December 2021) Manitoba’s all items, annual average, not seasonally adjusted Consumer Price Index from Statistics Canada.  The COLA will be calculated in January 2022, or when it is made known and increases applied retroactively to September 2021.  

 

Signed and Agreed to on behalf of The Sunrise Teachers’ Association of the Manitoba Teachers’ Society:

 

_________________________

President

_________________________

Collective Bargaining Chair

 

Signed and Agreed to on behalf of The Sunrise School Division:

 

_________________________

Chairperson

_________________________

Secretary-Treasurer

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