CollectiveAgreement-April 29 2011

8/3/2019 CollectiveAgreement-April 29 2011

1/165

WORKING DOCUMENT SCHOOL DISTRICT # 68

PROVINCIAL AND LOCAL MATTERS AGREEMENT

BETWEEN

BRITISH COLUMBIA PUBLIC SCHOOL EMPLOYERS ASSOCIATION/

BOARD OF SCHOOL TRUSTEES OF SCHOOL DISTRICT #68

(NANAIMO-LADYSMITH)

(The Employer)

AND

BRITISH COLUMBIA TEACHERS FEDERATION/

THE NANAIMO DISTRICT TEACHERS ASSOCIATION

(The Local)

Effective July 1, 2006 to June 30, 2011

Please note: This document attempts to set out all the current terms and conditions of employmentcontained in the Collective Agreement between BCTF and BCPSEA under the Public EducationLabour Relations Act, as those terms and conditions are applicable to this school district. In theevent of dispute, the original source documents would be applicable.


2/165

S.D. No. 68 (Nanaimo/Ladysmith) & Nanaimo District Teachers Association 2006-2011 Page 2 of 165

TABLE OF CONTENTS

PREAMBLE:.................................................................................................................................................................7

DEFINITION OF TERMS ............................................................................................................................................7

SECTION A THE COLLECTIVE BARGAINING RELATIONSHIP............................... 9

ARTICLE A.1 TERM, CONTINUATION AND RENEGOTIATION ..................................................................9

ARTICLE A.2 RECOGNITION OF THE UNION...............................................................................................10

ARTICLE A.3 MEMBERSHIP REQUIREMENT ...............................................................................................10

ARTICLE A.4 LOCAL AND BCTF DUES DEDUCTION .................................................................................10

ARTICLE A.5 COMMITTEE MEMBERSHIP ....................................................................................................11

ARTICLE A.6 GRIEVANCE PROCEDURE.......................................................................................................15

ARTICLE A.7 LEAVE FOR PROVINCIAL CONTRACT NEGOTIATIONS...................................................19ARTICLE A.8 LEGISLATIVE CHANGE ...........................................................................................................20

ARTICLE A.20 GENERAL....................................................................................................................................20

ARTICLE A.21 CONTRACTING OUT.................................................................................................................20

ARTICLE A.22 EDUCATION ASSISTANTS.......................................................................................................21

ARTICLE A.23 COLLEGE FEES ..........................................................................................................................21

ARTICLE A.24 PICKET LINES ............................................................................................................................22

ARTICLE A.25 STRIKES/LOCKOUTS ................................................................................................................22

ARTICLE A.26 SCHOOL STAFF REPRESENTATIVES ....................................................................................22

ARTICLE A.27 ACCESS TO WORK SITE...........................................................................................................23

ARTICLE A.28 BULLETIN BOARD ....................................................................................................................23

ARTICLE A.29 INTERNAL MAIL / COURIER SERVICE .................................................................................23

ARTICLE A.30 STAFF ORIENTATION...............................................................................................................23

ARTICLE A.31 ACCESS TO INFORMATION ....................................................................................................23ARTICLE A.32 DISSEMINATION OF AGREEMENT........................................................................................24

SECTION B SALARY AND ECONOMIC BENEFITS ................................................ 25

ARTICLE B.1 SALARY.......................................................................................................................................25

ARTICLE B.2 TEACHER ON CALL PAY AND BENEFITS ............................................................................28

ARTICLE B.3 SALARY DETERMINATION FOR EMPLOYEES IN ADULT EDUCATION........................30

ARTICLE B.4 EI REBATE ..................................................................................................................................30

ARTICLE B.5 REGISTERED RETIREMENT SAVINGS PLAN ......................................................................30

ARTICLE B.6 SALARY INDEMNITY PLAN ALLOWANCE..........................................................................32

ARTICLE B.7 REIMBURSEMENT FOR PERSONAL PROPERTY LOSS ......................................................32

ARTICLE B.8 OPTIONAL TWELVE-MONTH PAY PLAN .............................................................................32

ARTICLE B.9 PAY PERIODS .............................................................................................................................33

ARTICLE B.10 REIMBURSEMENT FOR MILEAGE AND INSURANCE........................................................34

ARTICLE B.11 BENEFITS....................................................................................................................................34

ARTICLE B.12 CATEGORY 5+............................................................................................................................37

ARTICLE B.20 PLACEMENT ON SCHEDULE ..................................................................................................39

ARTICLE B.21 SPEECH AND LANGUAGE PATHOLOGISTS ........................................................................43

ARTICLE B.22 POSITIONS OF SPECIAL RESPONSIBILITY ..........................................................................43

ARTICLE B.23 TEACHER-IN-CHARGE.............................................................................................................44

ARTICLE B.24 HEAD TEACHERS......................................................................................................................46

ARTICLE B.25 DEPARTMENT HEADS .............................................................................................................47


3/165


SECTION C EMPLOYMENT RIGHTS ....................................................................... 49

ARTICLE C.1 RESIGNATION............................................................................................................................49

ARTICLE C.2 SENIORITY .................................................................................................................................49

ARTICLE C.20 LAYOFF, RECALL, TERMINATION AND SEVERANCE OF TEACHERS ..........................52

ARTICLE C.21 TEACHER-ON-CALL EMPLOYMENT RIGHTS .....................................................................57

ARTICLE C.22 TEMPORARY APPOINTMENTS...............................................................................................58

ARTICLE C.23 EMPLOYMENT ON CONTINUING CONTRACT ....................................................................60

ARTICLE C.24 PART-TIME TEACHERS EMPLOYMENT RIGHTS...............................................................60

ARTICLE C.25 EVALUATION.............................................................................................................................61

ARTICLE C.26 DISMISSAL BASED ON PERFORMANCE ..............................................................................65

ARTICLE C.27 DISCIPLINE AND DISMISSAL OF EMPLOYEE BASED ON MISCONDUCT .....................67

ARTICLE C.28 JOB SHARING.............................................................................................................................68

SECTION D WORKING CONDITIONS ...................................................................... 69

ARTICLE D.3 ALTERNATE SCHOOL CALENDAR........................................................................................69

ARTICLE D.4 PREPARATION TIME ................................................................................................................70

ARTICLE D.5 MIDDLE SCHOOLS....................................................................................................................71

ARTICLE D.20 INTENTIONALLY LEFT BLANK/REMOVED BY LEGISLATION .......................................72


ARTICLE D.22 EMERGENCY PROVISIONS .....................................................................................................72


ARTICLE D.24 REGULAR WORK YEAR...........................................................................................................72

ARTICLE D.25 WEEKLY INSTRUCTIONAL ASSIGNMENT ..........................................................................73

ARTICLE D.26 DURATION OF SCHOOL DAY .................................................................................................73

ARTICLE D.27 SUPERVISION.............................................................................................................................74

ARTICLE D.28 EXTRA-CURRICULAR ACTIVITIES .......................................................................................74ARTICLE D.29 STAFF MEETINGS .....................................................................................................................74

ARTICLE D.30 TECHNOLOGICAL CHANGE ...................................................................................................75

ARTICLE D.31 HEALTH AND SAFETY.............................................................................................................76

ARTICLE D.32 DISTRICT HEALTH AND SAFETY COMMITTEE .................................................................77

ARTICLE D.33 GENERAL....................................................................................................................................78

ARTICLE D.34 HOME EDUCATION...................................................................................................................78

ARTICLE D.35 MENTORSHIP PROGRAM ........................................................................................................78

SECTION E PERSONNEL PRACTICES ................................................................... 79

ARTICLE E.1 NON-SEXIST ENVIRONMENT.................................................................................................79

ARTICLE E.2 HARASSMENT/SEXUAL HARASSMENT...............................................................................79

ARTICLE E.20 APPOINTMENT ..........................................................................................................................83ARTICLE E.21 ASSIGNMENT.............................................................................................................................83

ARTICLE E.22 TRANSFER ..................................................................................................................................83

ARTICLE E.23 POSTING AND FILLING VACANT POSITIONS.....................................................................85

ARTICLE E.24 TEACHER EXCHANGES ...........................................................................................................88

ARTICLE E.25 DISCRIMINATION .....................................................................................................................89

ARTICLE E.26 PERSONNEL FILES....................................................................................................................90

ARTICLE E.27 FALSELY ACCUSED EMPLOYEE ASSISTANCE ..................................................................90

ARTICLE E.28 SCHOOL ACT APPEALS ...........................................................................................................91


4/165


SECTION F PROFESSIONAL RIGHTS .................................................................... 93

ARTICLE F.20 PROFESSIONAL DEVELOPMENT...........................................................................................93

ARTICLE F.21 ACCREDITATION ......................................................................................................................94

ARTICLE F.22 PROFESSIONAL AUTONOMY .................................................................................................94

SECTION G LEAVES OF ABSENCE ........................................................................ 95

ARTICLE G.1 PORTABILITY OF SICK LEAVE ..............................................................................................95

ARTICLE G.2 COMPASSIONATE CARE LEAVE............................................................................................95

ARTICLE G.20 SICK LEAVE ...............................................................................................................................96

ARTICLE G.21 WORKERS' COMPENSATION SUPPLEMENT........................................................................97

ARTICLE G.22 SUNDRY ABSENCES.................................................................................................................98

ARTICLE G.23 LEAVE FOR ELECTIVE OFFICE AND COMMUNITY SERVICE .........................................98

ARTICLE G.24 COURT LEAVE...........................................................................................................................99ARTICLE G.25 BEREAVEMENT LEAVE.........................................................................................................100

ARTICLE G.26 FAMILY ILLNESS LEAVE ......................................................................................................100

ARTICLE G.27 PATERNITY LEAVE ................................................................................................................100

ARTICLE G.28 PARENTHOOD LEAVE ...........................................................................................................101

ARTICLE G.29 LONG TERM LEAVE ...............................................................................................................101

ARTICLE G.30 DETACHED DUTY LEAVE.....................................................................................................102

ARTICLE G.31 MATERNITY LEAVE ...............................................................................................................104

ARTICLE G.32 LEAVE - EXECUTIVE N.D.T.A...............................................................................................105

ARTICLE G.33 LEAVE FOR LOCAL, B.C.T.F., C.T.F. AND B.C. COLLEGE OF TEACHERS BUSINESS 108

ARTICLE G.34 SELF-FUNDED LEAVE PLAN ................................................................................................109

ARTICLE G.35 LEAVE OF ABSENCE INVENTIVE PLAN.............................................................................109

ARTICLE G.36 RETURNING FROM LEAVE OF ABSENCE ..........................................................................111

SIGNATURES............................................................................................................. 112

LOCAL LETTERS OF UNDERSTANDING ................................................................ 113

LOCAL APPENDIX A: REMOVED BY LEGISLATION.....................................................................................114

LOCAL LETTER OF UNDERSTANDING: REMOVED BY LEGISLATION.....................................................114

ARBITRATION SETTLEMENT AGREEMENT: REMOVED BY LEGISLATION............................................114

LOCAL LETTER OF UNDERSTANDING: HOURS OF INSTRUCTION BAND/CHORAL CLASSES ............115

LETTER OF UNDERSTANDING ...........................................................................................................................116

Minutes of Settlement Agreement: After School Community Band Programs.............. ........... .......... .......... .......116

Local Letter of Understanding: Career Technical Centre (CTC).......... ............ ......... ........... ........... .......... ........... ....117


5/165


PROVINCIAL LETTERS OF UNDERSTANDING/INTENT......................................... 122

LETTER OF INTENT No. 1 .....................................................................................................................................123

Re: Formalization of Middle School Provisions ...................................................................................................123

LETTER OF UNDERSTANDING NO. 1 ................................................................................................................124

Re: Designation of Provincial and Local Matters .................................................................................................124

Appendix 1 Provincial Matters ..........................................................................................................................125

Appendix 2 Local Matters .................................................................................................................................134

Addendum A Unpaid Leave In The Designation Of Provincial and Local Matters..............................................137

Addendum B Concerning Selection of Administrative Officers...........................................................................137

Addendum C Professional Development ..............................................................................................................138

Addendum D Re: October 25, 1995 Letter of Understanding (Unpaid Leave) Revised.............. ............ ......138

LETTER OF UNDERSTANDING NO. 2 ................................................................................................................139

Re: Approved list of arbitrators for:......................................................................................................................139

LETTER OF UNDERSTANDING No. 3.a...............................................................................................................140

Re: Section 4 of Bill 27 Education Services Collective Agreement Act...............................................................140

Not applicable in School District No. 68 (Nanaimo-Ladysmith).LETTER OF UNDERSTANDING No. 3.b.....140

LETTER OF UNDERSTANDING No. 3.b ..............................................................................................................141

Re: Section 27.4 Education Services Collective Agreement Act ........... ......... ........... .......... ........... ........... ......... ..141

Not applicable in School District No. 68 (Nanaimo-Ladysmith).LETTER OF UNDERSTANDING No. 4 .......141

LETTER OF UNDERSTANDING No. 4 .................................................................................................................142

Re: Early Incentive Payment.................................................................................................................................142

LETTER OF UNDERSTANDING No. 5 .................................................................................................................143Re: One Time Payment to Teacher Inflation Adjustment Account.......................................................................143


Re: Employment Equity Aboriginal Employees ................................................................................................144


Re: Provincial Articles Housekeeping Committee................................................................................................145


Re: Updating the Provincial Collective Agreement Mid-Contract Modification Process.....................................146


Re: Rehabilitation Committee...............................................................................................................................147

LETTER OF UNDERSTANDING No. 10 ...............................................................................................................148

Re: Benefits Review Committee...........................................................................................................................148


Re: 2008 Salary Harmonization ............................................................................................................................149


Re: Teacher Supply and Demand Initiatives .........................................................................................................150


Re: Fiscal Dividend...............................................................................................................................................151


6/165



Re: Article B.12 Category 5+ Transitional Provisions..........................................................................................152

LETTER OF UNDERSTANDING No. 15 ...............................................................................................................153Re: Article C.2. Porting of Seniority Separate Seniority Lists ........................................................................153


Re: Article C.2 Porting of Seniority & Article G.1 Portability of Sick Leave Simultaneously Holding Part-

Time Appointments in Two Different Districts ....................................................................................................155

INDEX ......................................................................................................................... 157


7/165


PREAMBLE:

1. It is evident that it is in the best interests of the employer and employee as well as all

those served by the school system that harmonious relations and settled conditions ofemployment be maintained.

2. It is evident that the quality of work-life of teachers may have a direct bearing on thequality of education received by students.

3. To ensure this end it is important that there should be tangible assurance that:

a. such terms and conditions have continuity and are not subject to hasty orarbitrary change;

b. personnel practices are applied fairly and consistently and that individuals have

the right to appeal grievances;

c. teachers will be involved in the formulation of decisions which will affect theirworking lives;

d. this Agreement recognizes and establishes processes by which the Board andthe Association will cooperate to provide quality educational services. It is in themutual interest of the Board and the Association that the administration of thisAgreement will enable the parties to provide for the efficient and orderlyoperation of the schools within the School district so that, to the fullest extentpossible, the education of the students will be enhanced.

DEFINITION OF TERMS

1. The use of one gender in this Agreement shall include the other and the singular includethe plural, unless the sense of the provisions provides otherwise.

2. The term "Agreement" shall mean this entire Collective Bargaining Agreement.

3. The term "Association" shall mean the Nanaimo District Teachers' Association.

4. The term "Board" shall mean the Board of Trustees, School District No. 68 (Nanaimo-Ladysmith). It is understood that the Board designates and delegates administrativefunctions to the Superintendent and other administrative staff.

5. A "teacher" means a person holding a valid and subsisting certificate of qualificationissued by the B.C. College of Teachers who is appointed or employed by a Board to givetuition or instruction in a public school or to provide other educational services to theBoard that employs the teacher and includes a person to whom the College issues aLetter of Permission for teaching as defined in the School Actand Regulations.

6. A "temporary" teacher shall mean a teacher employed on a temporary appointmentpursuant to this Agreement.

7. An "Administrative Officer" means a person who is employed by the Board as a Directorof Instruction, a Principal or a Vice-Principal.


8/165


8. A Teacher-on-Call (TOC) shall mean a teacher holding a valid B.C. Teaching Certificatewho performs Teacher-on-Call services for the Board and shall be subject to Article B.2and C.21.

9. A "Speech and Language Pathologist" means a person providing assessment andtherapy for students with speech and language problems.

10. For the purpose of this Agreement, "daily rate" shall mean 1/200 of the teacher's annualsalary.

11. When basic Teacher-on-Call rate, daily Teacher-on-Call rate or Teacher-on-Callrate are used in this Agreement, it shall mean the rate determined by Article B.2.6 or theactual rate paid to a Teacher-on-Call, whichever is higher, but in no event will that ratebe higher than the replaced teachers daily rate.

12. "Noon intermission" is defined as the period of time that falls between the end ofmorning instruction and the commencement of afternoon instruction.

13. A "Board official" means the Superintendent or a person who is acting as a designate ordelegate of the Board or Superintendent.

14. "College" means the British Columbia College of Teachers.

15. An "Education Assistant" means a person who is employed by the Board in accordancewith Section 18 of the School Act.

16. Subject to the qualifications stated in Article B.20 (Placement on Schedule), teachersholding permanent British Columbia teachers certificates issued prior to theincorporation of the Teacher Qualification Service and as recognized by the College ofTeachers shall be presumed to be equivalent to Teacher Qualification Service levels asfollows:

Standard Professional

Certificate EA PC

SC

PB

SB

PA

SA

T.Q.S. LEVEL 3 4 5 6

18. A "Supervising Administrative Officer" means a person employed by the Board as aschool-based or District Principal, or as a Director of Instruction.


9/165


SECTION A THE COLLECTIVE BARGAINING RELATIONSHIP

ARTICLE A.1 TERM, CONTINUATION AND RENEGOTIATION

In this Collective Agreement, "Previous Collective Agreement" means the Collective Agreementconstituted under the Education Services Collective Agreement Act, S.B.C. 2002, c. 1 andextended by the Teachers Collective Agreement Act, S.B.C. 2005, c. 27 that was in effectbetween the parties for the period July 1, 2001 to June 30, 2006 including any amendmentsagreed to by the parties during that period.

1. Except as otherwise specifically provided, this Collective Agreement is effective July 1,2006 to June 30, 2011. The parties agree that not less than four (4) months precedingthe expiry of this Collective Agreement, they will commence collective bargaining in goodfaith with the object of renewal or revision of this Collective Agreement and the

concluding of a Collective Agreement for the subsequent period.

2. In the event that a new Collective Agreement is not in place by June 30, 2011 the termsof this Collective Agreement are deemed to remain in effect until the date on which anew Collective Agreement is concluded.

3. All terms and conditions of the Previous Collective Agreement are included in theCollective Agreement, except where a term or condition has been amended or modifiedin accordance with this Collective Agreement.

4. a. If employees are added to the bargaining unit established under section 5 of thePublic Education Labour Relations Act during the term of this Collective

Agreement, the parties shall negotiate terms and conditions that apply to thoseemployees.

b. If the parties are unable to agree on terms and conditions applicable to thoseemployees, either party may refer the issues in dispute to a mutually acceptablearbitrator who shall have jurisdiction to impose terms and conditions.

c. If the parties are unable to agree on an arbitrator, either party may request theDirector of the Collective Agreement Arbitration Bureau to appoint an arbitrator.

5. a. Changes in those local matters agreed to by a local and the employer will amendthe Previous Collective Agreement provisions and form part of this Collective

Agreement, subject to Article A.1.5.b below.

b. A local and the employer must agree to the manner and timing of implementationof a change in a local matter.

c. i. This Collective Agreement continues previous agreements between theparties with respect to the designation of provincial and local matters (SeeLetter of Understanding No. 1).

ii. The parties may agree to another designation which is consistent with thePublic Education Labour Relations Act.


10/165


ARTICLE A.2 RECOGNITION OF THE UNION

1. The BCPSEA recognizes the BCTF as the sole and exclusive bargaining agent for the

negotiation and administration of all terms and conditions of employment of allemployees within the bargaining unit for which the BCTF is established as thebargaining agent pursuant to PELRA and subject to the provisions of this CollectiveAgreement.

2. Pursuant to PELRA, the employer in each district recognizes the local [Nanaimo DistrictTeachers Association] as the teachers' union for the negotiation in that district of allterms and conditions of employment determined to be local matters, and for theadministration of this Collective Agreement in that district subject to PELRA and theProvincial Matters Agreement.

3. The BCTF recognizes BCPSEA as the accredited bargaining agent for every school

board in British Columbia. BCPSEA has the exclusive authority to bargain collectively forthe school boards and to bind the school boards by collective agreement in accordancewith Section 2 of Schedule 2 of PELRA.

ARTICLE A.3 MEMBERSHIP REQUIREMENT

1. All employees covered by this Collective Agreement shall, as a condition of employment,become and remain members of the British Columbia Teachers Federation and theNanaimo District Teachers Association subject to Article A.3.2.

2. Where provisions of the Previous Local Agreement or the Previous Letter of

Understanding in a district exempted specified employees from the requirement ofmembership, those provisions shall continue unless and until there remain no exemptedemployees in that district. All terms and conditions of exemption contained in thePrevious Local Agreement or the Previous Letter of Understanding shall continue toapply. An exempted employee whose employment is terminated for any reason andwho is subsequently rehired, or who subsequently obtains membership, shall becomeand/or remain a member of the BCTF and the respective local in accordance with thisCollective Agreement.

ARTICLE A.4 LOCAL AND BCTF DUES DEDUCTION

1. The employer agrees to deduct from the salary of each employee covered by thisCollective Agreement an amount equal to the fees of the BCTF according to the scaleestablished pursuant to its constitution and by-laws, inclusive of the fees of the local inthe district, according to the scale established pursuant to its constitution and by-laws,and shall remit the same to the BCTF and the local respectively. The employer furtheragrees to deduct levies of the BCTF or of the local established in accordance with theirconstitutions and by-laws, and remit the same to the appropriate body.


11/165


2. At the time of hiring, the employer shall require all new employees to complete and signthe BCTF and Local application for membership and assignment of fees form. TheBCTF agrees to supply the appropriate forms. Completed forms shall be forwarded to

the local in a time and manner consistent with the Previous Local Agreement or theexisting practice of the parties.

3. The employer will remit the BCTF fees and levies by direct electronic transfer from thedistrict office where that is in place, or through inter-bank electronic transfer. Thetransfer of funds to the BCTF will be remitted by the 15th of the month following thededuction.

4. The form and timing of the remittance of local fees and levies shall remain as they are atpresent unless they are changed by mutual agreement between the local and theemployer.

5. The employer shall provide to the BCTF and the local at the time of remittance anaccount of the fees and levies, including a list of employees and amounts paid.

ARTICLE A.5 COMMITTEE MEMBERSHIP

1. Local representatives on committees specifically established by this CollectiveAgreement shall be appointed by the local.

2. In addition, if the employer wishes to establish a committee which includes bargainingunit members, it shall notify the local about the mandate of the committee, and the localshall appoint the representatives.

3. Release time with pay shall be provided by the employer to any employee who is arepresentative on a committee referred to in Article A.5.1 and A.5.2 above, in order toattend meetings that occur during normal instructional hours. Teacher on call costs shallbe borne by the employer.

4. When a teacher on call is appointed to a committee referred to in Article A.5.1 and A.5.2above, and the committee meets during normal instructional hours, the teacher on callshall be paid pursuant to the provisions in each district respecting Teacher on Call Payand Benefits. A teacher on call attending a half day meeting shall receive a half dayspay. If the meeting extends past a half day, the teacher on call shall receive a full dayspay.

Local Provisions (Committees):

5. Trustee Teacher Liaison Committee

To promote and maintain good communication, the following committee shall bemaintained:

a. A committee shall be formed and maintained to facilitate communication betweenthe Board and the Association and as needed to concern itself with:


12/165


i. providing a forum for discussion of matters dealing with educationalprograms and provision of educational services;

ii. providing a forum for discussion of issues related to the interpretation ofthis Agreement and conditions causing grievances andmisunderstandings;

iii. discussing draft policies or proposals for policy, which involve educationalprograms and make recommendations to the Board;

iv. reviewing administrative decisions regarding provision of educationalprograms, staff and facilities and make a report with recommendations tothe Board;

v. (1) discussing the annual operating budget including the allocation of

District and school-based resources, and makingrecommendations to the Board if so desired;

(2) forming and maintaining a sub-committee composed of two (2)representatives of the Board and two (2) representatives of theAssociation. The Sub-Committee shall meet at least five (5) timesduring the school year unless otherwise mutually agreed. TheSub-Committee shall:

recommend staffing levels for budget preparation;

otherwise participate in the budget preparation process; and

after the final budget has been adopted by the Board, makerecommendations on:

o the staff allocation formula to be implemented on thefirst day of the school year; and

o staffing levels.

vi. The Trustee Teacher Liaison Committee may strike additional Sub-Committee(s) to that provided for in Article A.5.5.a.v(2) with equalrepresentation to consider any topic within the Trustee Teacher LiaisonCommittee mandate. Any Sub-Committee struck by the Trustee Teacher

Liaison Committee shall include at least one (1) Trustee Teacher LiaisonCommittee member from each party. One of the Board's representativesshall be a trustee. At the time a Sub-Committee is struck in accordancewith this Article the Trustee Teacher Liaison Committee will determine theSub-Committee's terms of reference.

vii. When a recommendation is made from the T.T.L.C. to the Board, anyreport or presentation made to the Board as a result of therecommendation shall be made by the rotating Chair of the Committee.


13/165


b. The Committee shall be comprised of eight (8) members in all, with four (4)representatives of the Board and four (4) representatives of the Association.

c. Every effort will be made to ensure that meetings of this Committee will be heldwithin fourteen (14) days of notification from either party.

6. District Committees - Teacher Representatives

a. There are many occasions when teacher representation/participation oncommittees is necessary and desirable. Such representation/participation bringsa vital practitioner perspective to the decision-making process.

b. When teacher representation/participation on committees is required, theSuperintendent or designate shall contact the Association indicating the purpose,the number of teacher representative/participants required and the area of

interest/expertise desired.

c. For continuing committees, the Superintendent or designate shall provide theAssociation with a list of such committees prior to the first day of the school year.The Association shall appoint teacher representative/participants as soon aspossible but no later than the fourth Friday of the school year.

d. For new committees the Association shall appoint teacherrepresentative/participants within twelve (12) school days of receipt of therequest by the Superintendent or designate.

e. If teacher representative/participant provisions are not filled, they shall remain

vacant and will be filled by the Association at the earliest possible date.

f. Continuing committees shall elect their own Chairperson. Ad Hoc managementtask-related committees shall have a District staff person as Chairperson.

7. School Staff Committees

Shared decision making in the areas of school philosophy, policies, and programsenhances shared accountability and contributes to better decisions, greater identificationwith jointly developed goals, and greater job satisfaction.

a. There shall be established by September 30 of each school year a recognizedStaff Committee in each school.

b. If no Staff Committee is in place, the principal shall by September 30 arrange fora meeting to be held for the purposes of establishing a Staff Committee for theschool.

c. The size, membership and quorum of the Staff committee shall be determined bythe staff.

d. A Principal or delegate shall be a member of the Staff Committee.


14/165


e. The Staff committee shall meet as necessary to discuss issues relevant to theschool staff and may:

i. offer advice, make suggestions and submit recommendations to theentire staff for the improvement of educational services in the school;

ii. review and make recommendations to the entire staff on the allocation ofschool based human and material resources;

iii. study and make recommendations to the entire staff with regard to thedelivery of education services within the school;

iv. consult with other school-based groups and develop recommendations tothe entire staff on matters of educational concern;

v. have access to information relevant to the school staff to facilitateeducationally sound decision-making.

f. Procedures

i. The Staff Committee and Staff Committee Chairperson shall be electedannually in accordance with the procedures established by the staff.

ii. The Staff Committee shall determine its internal operating procedures.

iii. Regular meetings shall be held throughout the school year, with at leastseven (7) days notice given.

iv. Agendas of all regular Staff Committee meetings shall be published atleast two (2) days prior to the meeting.

v. In extraordinary circumstances a Staff Committee meeting may be calledby the chairperson on shorter notice. The reason for this meeting shall beprovided with the notice.

vi. Staff Committee meetings shall not be scheduled to commence prior toone (1) hour before classes begin, or conclude later than two (2) hoursafter dismissal of students unless the majority of the Staff Committeemembers present vote to extend the stated time frame.

vii. Minutes of the proceedings of all Staff Committee meetings shall berecorded and distributed.

viii. To facilitate effective communication and to coordinate school StaffCommittee work, the Administrative Officer(s) and the School StaffCommittee Chairperson may need to meet periodically. Such meetingsshall normally occur outside regular instructional time. However, whenthere is mutual agreement such a meeting is necessary and cannot bescheduled outside the Committee Chairperson's regular instructional time,release time for this meeting shall be provided to the School Staffcommittee Chairperson.


15/165


g. Implementation

i. The school administration shall implement, whenever practicable,recommendations of the school Staff Committee which have been ratifiedat a school staff meeting. Except for aspects of personnel matters that areconfidential in nature, the school administration shall provide a rationaleto the next meeting of the school staff or Staff Committee, whichevercomes first, when a decision is made not to implement arecommendation. When a decision is made not to implement a ratifiedrecommendation of the school Staff Committee, the school administrationmay provide a rationale in writing if so requested by a majority of theschool staff.

ii. The functioning of a Staff Committee shall in no way contravene theSchool Act, School Regulations, and Minister of Education Orders, norcontravene the Articles in this Agreement.

ARTICLE A.6 GRIEVANCE PROCEDURE

1. Preamble

The parties agree that this article constitutes the method and procedure for a final andconclusive settlement of any dispute (hereinafter referred to as "the grievance")respecting the interpretation, application, operation or alleged violation of this Collective

Agreement, including a question as to whether a matter is arbitrable.

Steps in Grievance Procedure

2. Step One

a. The local or an employee alleging a grievance ("the grievor") shall request ameeting with the employer official directly responsible, and at such meeting theyshall attempt to resolve the grievance summarily. Where the grievor is not thelocal, the grievor shall be accompanied at this meeting by a representativeappointed by the local.

b. The grievance must be raised within thirty (30) working days of the allegedviolation, or within thirty (30) working days of the party becoming reasonablyaware of the alleged violation.

3. Step Two

a. If the grievance is not resolved at Step One of the grievance procedure within ten(10) working days of the date of the request made for a meeting referred to inArticle A.6.2.a the grievance may be referred to Step Two of the grievanceprocedure by letter, through the president or designate of the local to thesuperintendent or designate. The superintendent or designate shall forthwith


16/165


meet with the president or designate of the local, and attempt to resolve thegrievance.

b. The grievance shall be presented in writing giving the general nature of thegrievance.

4. Step Three

a. If the grievance is not resolved within ten (10) working days of the referral to StepTwo in Article A.6.3.a the local may, within a further ten (10) working days, byletter to the superintendent or official designated by the district, refer thegrievance to Step Three of the grievance procedure. Two representatives of thelocal and two representatives of the employer shall meet within ten (10) workingdays and attempt to resolve the grievance.

If both parties agree and the language of the previous Local Agreementstipulates:

i. the number of representatives of each party at Step Three shall be three;and/or

ii. at least one of the employer representatives shall be a trustee.

b. If the grievance involves a Provincial Matters issue, in every case a copy of theletter shall be sent to BCPSEA and the BCTF.

5. Omitting Steps

a. Nothing in this Collective Agreement shall prevent the parties from mutuallyagreeing to refer a grievance to a higher step in the grievance procedure.

b. Grievances of general application may be referred by the local, BCTF, theemployer or BCPSEA directly to Step Three of the grievance procedure.

6. Referral to Arbitration: Local Matters

a. If the grievance is not resolved at Step Three within ten (10) working days of themeeting referred to in Article A.6.4, the local or the employer where applicablemay refer a "local matters grievance," as defined in Appendix 2 and Addenda, to

arbitration within a further fifteen (15) working days.

b. The referral to arbitration shall be in writing and should note that it is a localmatters grievance. The parties shall agree upon an arbitrator within ten (10)working days of such notice.

7. Referral to Arbitration: Provincial Matters

a. If the grievance is not resolved at Step Three within ten (10) working days of themeeting referred to in Article A.6.4, the BCTF or BCPSEA where applicable mayrefer a provincial matters grievance, as defined in Appendix 1 and Addenda, toarbitration within a further fifteen (15) working days.


17/165


b. The referral to arbitration shall be in writing and should note that it is a provincialmatters grievance. The parties shall agree upon an arbitrator within ten (10)

working days of such notice.

c. Review Meeting:

i. Either the BCTF or BCPSEA may request in writing a meeting to reviewthe issues in a provincial matters grievance that has been referred toarbitration.

ii. Where the parties agree to hold such a meeting, it shall be held within ten(10) working days of the request, and prior to the commencement of thearbitration hearing. The scheduling of such a meeting shall not alter inany way the timelines set out in Article A.6.7.a and A.6.7.b of this article.

iii. Each party shall determine who shall attend the meeting on its behalf.

8. Arbitration (Conduct of)

a. All grievances shall be heard by a single arbitrator unless the parties mutuallyagree to submit a grievance to a three-person arbitration board.

b. The arbitrator shall determine the procedure in accordance with relevantlegislation and shall give full opportunity to both parties to present evidence andmake representations. The arbitrator shall hear and determine the difference orallegation and shall render a decision within sixty (60) days of the conclusion of

the hearing.

c. All discussions and correspondence during the grievance procedure or arisingfrom Article A.6.7.c shall be without prejudice and shall not be admissible at anarbitration hearing except for formal documents related to the grievanceprocedure, i.e., the grievance form, letters progressing the grievance, andgrievance responses denying the grievance.

d. Authority of the Arbitrator:

i. It is the intent of both parties to this Collective Agreement that nogrievance shall be defeated merely because of a technical error in

processing the grievance through the grievance procedure. To this endan arbitrator shall have the power to allow all necessary amendments tothe grievance and the power to waive formal procedural irregularities inthe processing of a grievance in order to determine the real matter indispute and to render a decision according to equitable principles and thejustice of the case.

ii. The arbitrator shall not have jurisdiction to alter or change the provisionsof the Collective Agreement or to substitute new ones.

iii. The provisions of this article do not override the provisions of the B.C.Labour Relations Code.


18/165


e. The decision of the arbitrator shall be final and binding.

f. Each party shall pay one half of the fees and expenses of the arbitrator.

9. General

a. After a grievance has been initiated, neither the employer's nor BCPSEA'srepresentatives will enter into discussion or negotiations with respect to thegrievance, with the grievor or any other member(s) of the bargaining unit withoutthe consent of the local or the BCTF.

b. The time limits in this grievance procedure may be altered by mutual writtenconsent of the parties.

c. If the local or the BCTF does not present a grievance to the next higher level,they shall not be deemed to have prejudiced their position on any futuregrievance.

d. No employee shall suffer any form of discipline, discrimination or intimidation bythe employer as a result of having filed a grievance or having taken part in anyproceedings under this article.

e. i. Any employee whose attendance is required at any grievance meetingpursuant to this article, shall be released without loss of pay when suchmeeting is held during instructional hours. If a teacher on call is required,such costs shall be borne by the employer.

ii. Any employee whose attendance is required at an arbitration hearingshall be released without loss of pay when attendance is required duringinstructional hours; and

iii. Unless the previous Local Agreement specifically provides otherwise, theparty that requires an employee to attend an arbitration hearing shall bearthe costs for any teacher on call that may be required.

Local Provisions:

10. Expedited Arbitration

a. Any grievance that has not been resolved by the end of step 2 Article A.6.3, andprior to arbitration may be referred to expedited arbitration by the partyoriginating the grievance pursuant to Article A.6.6 or A.6.7 as applicable.

b. All grievances except the following may be referred by the party originating thegrievance to expedited arbitration:

i. dismissals

ii. suspensions


19/165


iii. policy or general grievances

By mutual agreement a grievance falling into these categories may be referred to

expedited arbitration.

c. A single arbitrator shall be selected from the list below.

Unless the parties agree otherwise and subject to Article A.6.10.d, the arbitratorshall be selected on a rotational basis. Nothing shall prevent the parties frommutually agreeing to an arbitrator that is not included on the list.

d. Within ten (10) teaching days of the grievance being referred to expeditedarbitration, the arbitrator shall hear the grievance and shall render a decisionwithin five (5) days. If no arbitrator from the list is available within 10 teachingdays, the arbitrator from the list who is first available shall be selected.

e. No written reasons for the decision shall be provided beyond that which thearbitrator deems appropriate to convey a decision.

Expedited arbitration decisions shall be of no presidential value and shall notthereafter be referred to by the parties in respect of any other matter.

f. The parties shall share equally the costs of fees and expenses of the arbitrator.

g. The list of arbitrators to be selected shall be:

a. Emily Burkeb. Robert Deiboltc. John Halld. John Kinziee. Wayne Mooref. Bob Pekelesg. John Steevesh. Christopher Sullivani. Colin Taylor

ARTICLE A.7 LEAVE FOR PROVINCIAL CONTRACT NEGOTIATIONS

1.The employer shall grant a leave of absence without pay to an employee designated bythe BCTF for the purpose of preparing for, participating in or conducting negotiations asa member of the provincial bargaining team of the BCTF.

2. To facilitate the administration of this clause, when leave without pay is granted, theemployer shall maintain salary and benefits for the employee and the BCTF shallreimburse the employer for the salary costs.

3. Any other leaves of absence granted for provincial bargaining activities shall be grantedon the basis that the salary and benefits of the employees continue and the BCTF shallreimburse the employer for the salary costs of any teacher employed to replace ateacher granted leave.


20/165


4. Any leaves of absence granted for local bargaining activities shall be granted inaccordance with the Previous Local Agreement.

ARTICLE A.8 LEGISLATIVE CHANGE

1. In this article, legislation means any new or amended statute, regulation, MinistersOrder, or Order in Council which arises during the term of the Collective Agreement orsubsequent bridging period.

2. a. Should legislation render any part of the Collective Agreement null and void, orsubstantially alter the operation or effect of any of its provisions, the remainder ofthe provisions of the Collective Agreement shall remain in full force and effect.

b. In that event, the parties shall meet forthwith to negotiate in good faith

modifications to the Collective Agreement which shall achieve, to the full extentlegally possible, its original intent.

3. If, within thirty (30) days of either party's request for such meeting, the parties cannotagree on such modifications, or cannot agree that the Collective Agreement has beenaffected by legislation, either party may refer the matter(s) in dispute to arbitrationpursuant to Article A.6 (Grievance Procedure).

4. The arbitrator's authority shall be limited to deciding whether this article applies and, ifso, adding to, deleting from or otherwise amending, to the full extent legally possible, thearticle(s) directly affected by legislation.

ARTICLE A.20 GENERAL

1. This Agreement is made pursuant to and governed by the School Actand itsRegulations, the Labour Relations Codeand its Regulations and any other applicablestatutory enactments. In case of any conflict between this Agreement and thoseenactments and regulations made thereunder, those enactments and regulations shallprevail.

ARTICLE A.21 CONTRACTING OUT

1. All work normally performed by members of the bargaining unit as part of their regularduties and responsibilities shall continue to be performed only by members of thebargaining unit.

2. Except as mutually agreed by the Board and the Association, the Board shall notcontract out duties of the type and kind which normally and regularly are performed by ateacher in the District.


21/165


ARTICLE A.22 EDUCATION ASSISTANTS

1. For the purposes of this Article, all persons employed by the Board to fulfill an "education

assistant" assignment will be employed only in an education assistant position.

2. Individuals filling an education assistant position shall be under the general supervisionof an Administrative Officer and the direct instructional supervision of the teacher(s)whom they assist.

3. When used in this Article, the term "teacher" includes an Administrative Officer(s) whenthe Administrative Officer(s) is carrying out teaching duties assigned by the Board.

4. Education Assistant Position

Individuals employed to fulfill Education Assistant position shall assist teachers in

carrying out their duties and responsibilities, such as:

a. assisting teachers in designing, supervising and assessing educationalprograms;

b. assisting teachers in their instructional responsibilities and in the delivery ofeducational programs;

c. assisting teachers in providing instruction to individual students and groups ofstudents;

d. assisting teachers in evaluating students and educational programs;

e. assisting teachers in maintaining student records and reports to parents;

f. providing any other assistance deemed appropriate by the teacher to whomassistance is being provided;

g. assisting teachers by providing personal care for dependent students; but shallnot assume the teachers instructional responsibility for any such duties orresponsibilities.

5. Education Assistants shall not engage in any instructional responsibilities when theteacher who is receiving the assistance is absent from the classroom.

ARTICLE A.23 COLLEGE FEES

1. The Board shall deduct on behalf of all teachers in its employ the annual fees requiredfor membership in the British Columbia College of Teachers established under theTeaching Profession Actand remit the same to the College when notified of the fees bythe Association or the College.


22/165


ARTICLE A.24 PICKET LINES

1. All employees covered under this Agreement shall have the right as a matter of

conscience to refuse to cross or work behind a duly constituted picket line arising from adispute under the Labour Relations Code. Any employee failing to report for duty for thisreason shall be considered to be absent without pay and shall be deducted at the dailyrate.

2. Failure to cross a duly constituted picket line, from a dispute under the Labour RelationsCode, encountered in carrying out School Board business shall not be considered aviolation of this Agreement nor shall it be grounds for disciplinary action by the Board.

3. The Board shall not request, require, nor direct teachers covered under this Agreementto do work or carry out duties normally performed by employees engaged in a legalstrike, or locked out, nor shall teachers request, require, or direct students to carry out

such duties.

4. In the event that there is a picket line at any school, the President of the Association ordesignate and the Superintendent of Schools or designate shall meet forthwith toattempt to determine whether or not such a picket line is viewed as a duly constitutedpicket line. If the Association President or designate and the Superintendent of Schoolsor designate agree that a picket line is not duly constituted, the employees covered bythis Agreement shall be advised forthwith.

ARTICLE A.25 STRIKES/LOCKOUTS

There shall be no strikes or lockouts, as defined in the Labour Relations Code, by the parties tothis Agreement or by employees bound by this Agreement, during the term of this Agreement.

ARTICLE A.26 SCHOOL STAFF REPRESENTATIVES

1. School staff representatives elected in accordance with Association procedures shallhave the right to:

a. Upon the request of the employees or Association, the school staffrepresentative shall be relieved of instructional and supervisory duties withoutloss of pay to attend grievance meetings with Board representatives.

b. It is recognized that:

i. all such meetings shall be conducted, whenever possible, outside normalinstructional time; and

ii. there are some situations that will need to be dealt with during normalinstructional time.


23/165


ARTICLE A.27 ACCESS TO WORK SITE

Upon advance notification to the Principal or designate of the school concerned, authorized

representatives of the Association shall have the right to transact official Association business ormeetings on school property at all reasonable times provided that such activities or uses do notinterfere with school activities or other facility commitments.

ARTICLE A.28 BULLETIN BOARD

The Association shall have the right to post notices of activities and matters of Associationconcern on Association bulletin boards, at least one of which shall be provided at each schoolbuilding in areas frequented by bargaining unit members.

ARTICLE A.29 INTERNAL MAIL / COURIER SERVICE

The Association may make reasonable use of the District mail service, courier service, andemployee mail boxes for communications to bargaining unit members.

ARTICLE A.30 STAFF ORIENTATION

The Board will sponsor an annual orientation for new employees to which all new employeescovered by this Agreement will be invited. The President of the Association or designate shallbe invited to the orientation and shall have the opportunity to provide information to members.

ARTICLE A.31 ACCESS TO INFORMATION

1. The Board agrees to make available to the Association or its designatedrepresentative(s) the following information:

a. upon request, public information concerning the Board's financial position;

b. a list of employees covered by this Agreement showing grid placement, senioritystatus, and school/District assignment when completed;

c. On the first working day after September 30 and the first working day afterFebruary 15, the school/worksite staffing list with individual teachers assignmentand class size numbers, including the R407 and R411 reports, or theirequivalents. Prior to the information being released, a school-based meetingbetween the administrative officer(s) and the NDTA staff representative(s) will beheld on the first working day after September 30 and the first working day afterFebruary 15 to clarify the information on the R407 form.

d. notifications of transfers, hirings, resignations, retirements, employee deaths, jobpostings, dismissals and suspensions as they occur;

e. public meeting agendas and attachments thereto, prior to the applicable Boardmeeting;


24/165


f. adopted minutes of public Board or Board Committee meetings when completed;

g. other information as mutually agreed shall be made available to the Association

upon request within a reasonable period of time.

ARTICLE A.32 DISSEMINATION OF AGREEMENT

1. A representative of the Association will meet with the Secretary-Treasurer or delegate toproofread the draft prior to the printing of the contract.

2. A copy of the current Agreement shall be sent to each teacher upon employment andeach September thereafter. The printing costs of the Collective Agreement shall beshared between the Board and the Association only where, by mutual agreement, theCollective Agreement is printed externally.

3. A copy of the current Agreement shall be made available at all teacher interviews.


25/165


SECTION B SALARY AND ECONOMIC BENEFITS

ARTICLE B.1 SALARY

1. The April 1, 2006 Harmonized salary grids in the Local Agreement have been amendedto reflect to following general increases to salary:

a. Effective July 1, 2006: 2.5% increase

b. Effective July 1, 2007: 2.5% increase

c. Effective July 1, 2008: 2.5% increase

i. Effective July 1, 2008, the salary grid maximum salaries at categories 4,

5, 5+ and 6 will be amended in accordance with Letter of UnderstandingNo. 11 2008 Salary Harmonization.

d. Effective July 1, 2009: 2.5% increase

e. Effective July 1, 2010: 2.0% increase

2. The following allowances shall be adjusted in accordance with the above increases:

a. Department headb. Positions of Special Responsibilityc. First Aid

d. One Room Schoole. Isolation and Related Allowancesf. Moving/Relocationg. Recruitment & Retention

3. The following allowances shall not be adjusted by the above increases:

a. Mileage/Autob. Per Diemsc. Housingd. Pro D (unless formula-linked to the grid)e. Clothing

f. Classroom Supplies

4. Teacher on Call daily rates shall be adjusted in accordance with Article B.1.1.


26/165


Local Provisions:

5. The basic salary schedule from those teachers employed by the Board in the schools of

this District shall be:

a. Effective July 1, 2006:

Step Cat 4 Cat 5 Cat 5+ Cat 6 Cat 7 (B.20.10)

0 $ 39,311 $ 42,584 $ 45,167 $ 46,075 $ 44,881

1 $ 41,624 $ 5,486 $ 48,366 $ 49,379 $ 48,070

2 $ 3,937 $ 48,388 $ 51,566 $ 52,682 $ 51,259

3 $ 46,251 $ 51,290 $ 54,765 $ 55,986 $ 54,448

4 $ 48,564 $ 54,192 $ 57,965 $ 59,290 $ 57,6375 $ 50,877 $ 57,094 $ 61,164 $ 62,594 $ 60,826

6 $ 53,191 $ 59,997 $ 64,363 $ 65,898 $ 64,016

7 $ 55,504 $ 62,899 $ 67,563 $ 69,202 $ 67,205

8 $ 57,817 $ 65,801 $ 70,762 $ 72,505 $ 70,394

b. Effective July 1, 2007:


0 $ 40,294 $ 43,648 $ 46,296 $ 47,227 $ 46,003

1 $ 42,665 $ 46,623 $ 49,576 $ 50,613 $ 49,272

2 $ 45,036 $ 49,598 $ 52,855 $ 53,999 $ 52,540

3 $ 47,407 $ 52,572 $ 56,134 $ 57,386 $ 55,809

4 $ 49,778 $ 55,547 $ 59,414 $ 60,772 $ 59,078

5 $ 52,149 $ 58,522 $ 62,693 $ 64,159 $ 62,347

6 $ 54,520 $ 61,496 $ 65,973 $ 67,545 $ 65,616

7 $ 56,891 $ 64,471 $ 69,252 $ 70,932 $ 68,8858 $ 59,263 $ 67,446 $ 72,531 $ 74,318 $ 72,154


27/165


c. Effective July 1, 2008:


0 $ 41,301 $ 44,739 $ 47,454 $ 48,407 $ 47,153

1 $ 43,731 $ 47,789 $ 50,815 $ 51,878 $ 50,503

2 $ 46,162 $ 50,838 $ 54,176 $ 55,349 $ 53,854

3 $ 48,592 $ 53,887 $ 57,538 $ 58,821 $ 57,205

4 $ 51,023 $ 56,936 $ 60,899 $ 62,292 $ 60,555

5 $ 53,453 $ 59,985 $ 64,260 $ 65,763 $ 63,906

6 $ 55,883 $ 63,034 $ 67,622 $ 69,234 $ 67,256

7 $ 58,314 $ 66,083 $ 70,983 $ 72,705 $ 70,607

8 $ 62,567 $ 71,117 $ 76,270 $ 78,080 $ 73,958

Benefit From Harmonization:

2.5%only: $ 60,744 $ 69,132 $ 76,176 $ 73,958

Harmonization:

$ 62,567 $ 71,117 $ 78,080 $ 73,958

Harmonization %:

3.00% 2.87% 2.50% 0.00%

Note: Category 7 does not receive an adjustment from harmonization as it is ananomalous category.Category 5+ Max:74% formula produces a higher salary than Harmonization. 74% formula implementedpursuant to B.12.3.c

d. Effective July 1, 2009:


0 $ 42,333 $ 45,858 $ 48,640 $ 49,617 $ 48,332

1 $ 44,825 $ 48,983 $ 52,085 $ 53,175 $ 51,766

2 $ 47,316 $ 52,109 $ 55,531 $ 56,733 $ 55,200

3 $ 49,807 $ 55,234 $ 58,976 $ 60,291 $ 58,635

4 $ 52,298 $ 58,359 $ 62,422 $ 63,849 $ 62,069

5 $ 54,789 $ 61,484 $ 5,867 $ 67,407 $ 65,503

6 $ 57,280 $ 64,610 $ 69,312 $ 70,965 $ 68,938

7 $ 59,772 $ 67,735 $ 72,758 $ 74,523 $ 72,372

8 $ 64,131 $ 72,895 $ 78,177 $ 80,032 $ 75,807


28/165


e. Effective July 1, 2010:


0 $ 43,180 $ 46,775 $ 49,613 $ 50,610 $ 49,298

1 $ 45,721 $ 49,963 $ 53,127 $ 54,239 $ 52,801

2 $ 48,262 $ 53,151 $ 56,641 $ 57,868 $ 56,304

3 $ 50,803 $ 56,339 $ 60,156 $ 61,497 $ 59,807

4 $ 53,344 $ 59,526 $ 63,670 $ 65,126 $ 63,310

5 $ 55,885 $ 62,714 $ 67,184 $ 68,755 $ 66,813

6 $ 58,426 $ 65,902 $ 70,699 $ 72,384 $ 70,317

7 $ 60,967 $ 69,090 $ 74,213 $ 76,013 $ 73,820

8 $ 65,414 $ 74,353 $ 79,740 $ 81,633 $ 77,323

ARTICLE B.2 TEACHER ON CALL PAY AND BENEFITS

1. The employer will ensure compliance with vacation provisions under the EmploymentStandards Act in respect of the payment of vacation pay.

2. For the purposes of Employment Insurance, the employer shall report for a teacher oncall, the same number of hours worked as would be reported for a day worked by ateacher on a continuing contract.

3. A teacher on call shall be entitled to the mileage/kilometre allowance, rate or otherpayment for transportation costs, as defined by the Collective Agreement, for which theemployee he/she is replacing is entitled to claim.

4. Teachers on call shall be eligible, subject to plan limitations, to participate in the benefitplans in the Collective Agreement, provided that they pay the full cost of benefitpremiums.

5. Teachers on call shall be paid an additional compensation of $3 over daily rate in lieu ofbenefits. This benefit will be prorated for part days worked but in no case will be lessthan $1.50. Any and all provisions in the Previous Collective Agreement that provided

additional or superior provisions in respect of payment in lieu of benefits shall remainpart of the Collective Agreement.

6. Rate of Pay:

a. Employees who are employed as teachers on call shall be paid the rate specifiedbelow for each full day worked for the first three (3) days. Any provision in thePrevious Collective Agreement which provides a superior daily rate shall remainpart of the Collective Agreement.

i. Effective July 1, 2006 $194.75


29/165


ii. Effective July 1, 2007 $199.60

iii. Effective July 1, 2008 $204.60

iv. Effective July 1, 2009 $209.70

v. Effective July 1, 2010 $213.90

b. On the fourth consecutive and subsequent consecutive days worked in anassignment or assignments, a teacher on call shall be paid 1/189 of his/hercategory classification and experience or at Category 4 Step 0, which ever is thegreater amount, for each full day worked. Such payment on scale shall beretroactive to the first day worked.

Local Provisions:

7. Placement on Scale

a. For purposes of qualifying for placement on scale under Article B.2.6.b Teacher-on-Call's service shall not be broken by:

i. a non-instructional day

ii. a lockout

iii. a school closure for any reason other than a strike.

b. Continuous Assignment

In the event that a Teacher-on-Call's assignment is interrupted by the return of ateacher who subsequently is absent within one (1) working day, the Teacher-on-Call, if that Teacher-on-Call has the necessary qualifications for the Teacher-on-Call assignment, shall be reassigned subject to availability and the Teacher-on-Call assignment shall proceed as if it had not been broken for salary purposes.

c. Experience Recognition

For salary placement purposes only, a Teacher-on-Call shall be granted one stepon the increment scale on the salary grid for every one hundred sixty (160) full-time equivalent Teacher-on-Call teaching days taught in the District.

8. Call-Out

a. A Teacher-on-Call assigned to work for a full day shall be paid for a full day andwill provide service for the full day.

b. A Teacher-on-Call assigned to work for a half-day shall be paid for a half day andprovide service for a half day. It is agreed that the start of the school day to thelunch break constitutes a half-day and from the end of the lunch break to the endof the school day constitutes a half day for the purpose of this article.


30/165


c. Should a Teacher-on-Call be assigned to work a full day and work only a halfday, the Teacher-on-Call shall be paid for the full day.

d. Certified Teachers-on-Call shall be given priority call out over non-certifiedTeachers-on-Call provided they possess the necessary qualifications.

e. A Teacher-on-Call shall, upon request, receive kilometerage allowanceequivalent to that of the itinerant teacher for whom he/she is replacing.

f. A Teacher-on-Call assigned to teach on Gabriola Island shall, upon submissionof receipt, receive reimbursement of the ferry fare.

9. Teachers-on-Call will be paid by cheque twice monthly not later than eight (8) workingdays after a pay period; such month-end payments subject to verification andadjustments being made from school and payroll records.

10. Where the carrier permits, Teachers-on-Call may participate in benefit plans offered toother Association members provided that the Teacher-on-Call pays one hundred percent(100%) of all applicable premiums, quarterly, in advance.

ARTICLE B.3 SALARY DETERMINATION FOR EMPLOYEES IN ADULTEDUCATION

Article B.3 is not applicable in School District No. 68 (Nanaimo/Ladysmith).

ARTICLE B.4 EI REBATE

1. The employer shall remit monthly to the BCTF Salary Indemnity Fund the proportionateshare of the employment insurance premium reduction set out in the Previous LocalAgreement. Where the proportionate share is not expressed in the Previous LocalAgreement, the employer shall remit monthly to the BCTF Salary Indemnity Fund anamount consistent with the past practice of the local parties. The amount remitted onbehalf of any employee shall not be less than 5/12 of said reduction.

2. The employer shall calculate each employees share of the savings which have beenremitted pursuant to Article B.4.1 above and include that amount as part of theemployees taxable income on the yearly T4 slip.

ARTICLE B.5 REGISTERED RETIREMENT SAVINGS PLAN

1. In this Article:

a. the BCTF Plan means the Group RRSP entered into by the Federation andRoyal Trust or a successor to that plan;

b. alternative plan means a group RRSP, including the BCTF Plan, which wasentered into prior to the coming into force of this Article, and which is still in effectas of that date.


31/165


2. Where an alternative plan exists in a district pursuant to Article B.5.1.b that plan shallremain in effect. [Applicable in S.D. 68]

3. The BCTF Plan shall be made available in all districts not included in Article B.5.2. [Notapplicable in S.D. 68]

4. The employer shall deduct from the monthly salary of employees, as at the end of themonth following enrollment, contributions in a fixed dollar amount specified by theemployee on behalf of any employee who elects to participate in the BCTF Plan. Theemployer shall remit these amounts to the designated trustee no later than the 15th ofthe month following the month in which the deduction is made.

5. The employer shall make available, to present employees on request and to newemployees at the time of hire, enrollment forms and other forms required for participation

in the BCTF Plan. Completed forms shall be processed and forwarded to thedesignated trustee by the employer.

6. If in any month, an employee is not in receipt of sufficient net pay to cover the monthlypayroll deduction amount for any reason, the contribution to the BCTF Plan for thatemployee shall not be made for that month. If the employee wishes to make up anymissed contribution(s), the employee shall make arrangements for same directly with thedesignated trustee.

7. Employees shall have the opportunity to enroll or re-enroll in the BCTF Plan as follows:

a. between September 1 and September 30 or December 15 and January 15 in any

school year;

b. no later than sixty (60) days following the commencement of employment.

8. An employee may withdraw from participation in the BCTF Plan where he/she hasprovided thirty (30) days written notice to the employer.

9. There shall be no minimum monthly or yearly contribution required of any employee whoparticipates in the BCTF Plan.

10. Participating employees may vary the amount of their individual contributions to theBCTF Plan on either or both of October 31 and January 31 in any school year, provided

that written notice of such change has been provided to the employer no later thanSeptember 30 for changes to be effective October 31, and December 31 for changes tobe effective January 31.

11. The BCTF Plan established in a district pursuant to Article B.5.3 shall be made availableto employees on a continuing contract of employment and employees on term ortemporary contracts of employment as defined in the Previous Local Agreement.


32/165


ARTICLE B.6 SALARY INDEMNITY PLAN ALLOWANCE

1. Effective July 1, 2006, the employer shall pay monthly to each employee eligible to

participate in the BCTF Salary Indemnity Plan an allowance equal to 2.0% of salaryearned in that month to assist in offsetting a portion of the costs of the BCTF SalaryIndemnity Plan.

2. In paying this allowance, it is understood that the employer takes no responsibility orliability with respect to the BCTF Salary Indemnity Plan.

3. The BCTF agrees not to alter eligibility criteria under the Plan to include groups ofemployees not included as of July 1, 2006.

ARTICLE B.7 REIMBURSEMENT FOR PERSONAL PROPERTY LOSS

1. Private Vehicle Damage

Where an employees vehicle is damaged by a student at a worksite or an approvedschool function, or as a direct result of the employee being employed by the employer,the employer shall reimburse the employee the lesser of actual vehicle damage repaircosts, or the cost of any deductible portion of insurance coverage on that vehicle up to amaximum of $600.

2. Provincial Article B.7.2 is not applicable in School District No. 68 (Nanaimo/Ladysmith).See Article B.7.3 below

Note: Any and all superior or additional provisions contained in the Previous CollectiveAgreement shall remain part of the Collective Agreement

Local Provisions:

3. Reimbursement for Personal Property

a. The Board shall reimburse an employee for the cost of replacement or repair ofequipment, teaching aids or other personal material to be used in theperformance of their work provided that such article has been registered with theappropriate administrative officer. Such reimbursement shall not exceed theinsurance deductible or the cost of replacement/repair, whichever is the lesser.

ARTICLE B.8 OPTIONAL TWELVE-MONTH PAY PLAN

1. Where the Previous Collective Agreement does not contain a provision that allows anemployee the option of receiving partial payment of annual salary in July and August, thefollowing shall become and remain part of the Collective Agreement.

2. A continuing employee, or an employee hired to a temporary contract of employment nolater than September 30 that extends to June 30, may elect to participate in an OptionalTwelve-Month Pay Plan (the Plan) administered by the employer.


33/165


3. An employee electing to participate in the Plan in the subsequent year must inform theemployer, in writing, on or before June 15. An employee hired after that date mustinform the employer of her/his intention to participate in the Plan by September 30th. It is

understood, that an employee appointed after June 15 in the previous school year andup to September 30 of the subsequent school year, who elects to participate in the Plan,will have deductions from net monthly pay, in the same amount as other employeesenrolled in the Plan, pursuant to clause 5 of this Article.

4. An employee electing to withdraw from the Plan must inform the employer, in writing, onor before June 15 of the preceding year.

5. Employees electing to participate in the Plan shall receive their annual salary over 10(ten) months; September to June. The employer shall deduct, from the net monthly pay,in each twice-monthly pay period, an amount agreed to by the local and the employer.This amount will be paid into the Plan by the employer.

6. Interest to March 31 is calculated on the Plan and added to the individual employeesaccumulation in the Plan.

7. An employees accumulation in the Plan including her/his interest accumulation to March31st shall be paid in equal installments on July 15 and August 15.

8. Notwithstanding clause 7 of this article, interest earned by the Plan for the periodSeptember 1, 2006 to August 15, 2008 shall be retained by the employer. Thereafter,interest earned by the Plan in the months of April through August shall be retained bythe employer.

9. The employer shall inform employees of the Plan at the time of hire.

10. Nothing in this Article shall be taken to mean that an employee has any obligation toperform work beyond the regular school year.

ARTICLE B.9 PAY PERIODS

Article B.9.1 through B.9.3 is not applicable in School District No. 68 (Nanaimo/Ladysmith). SeeArticle B.9.4 below.

Local Provisions:

4. Salary Information

a. Teachers shall be paid in ten (10) monthly instalments, to be paid twice monthlycommencing in September and ending in June, on the 15 th or the last businessday before the 15th, and on the last business day of the month.

b. This Article does not apply to Teachers-on-Call.

c. Any teacher wishing to change the bank account for the teachers payroll depositmust complete a Payroll Direct Deposit Information form and forward it to thePayroll Office.


34/165


ARTICLE B.10 REIMBURSEMENT FOR MILEAGE AND INSURANCE

1. Provincial Article B.10.1 is not applicable in School District No. 68 (Nanaimo/Ladysmith).

See Article B.10.6 below.

2. The mileage reimbursement rate established in Article B.10.1 shall be increased by 5cents/kilometer for travel that is approved and required on unpaved roads.

3. The employer shall reimburse an employee who is required to use his/her personalvehicle for school district purposes, the difference in premium costs between ICBC rateClass 002 (Pleasure to/from Work) and ICBC rate Class 007 (Business Class) where theemployee is required to purchase additional insurance in order to comply with ICBCregulations respecting the use of ones personal vehicle for business purposes.

4. Article B.10.4.a, B.10.4.b and B.10.4.d through B.10.4.g are not applicable in School

District No. 68 (Nanaimo/Ladysmith).

c. School District No. 68 (Nanaimo)

A non-resident of Gabriola Island assigned to teach on Gabriola Island shall bereimbursed an amount equal to his/her Gabriola ferry costs.

5. Article B.10.5 is not applicable in School District No. 68 (Nanaimo/Ladysmith).

Note: Any and all superior o

Documents

CollectiveAgreement-April 29 2011