Education and Library Science - Table 5 EB (ED, LS, EU) 209, 215, 414 (Archived)

MEMORANDUM OF AGREEMENT
BETWEEN
THE TREASURY BOARD
AND
THE PUBLIC SERVICE ALLIANCE OF CANADA
IN RESPECT OF THE RE-OPENING OF THE
COLLECTIVE AGREEMENT FOR THE
EDUCATION AND LIBRARY SCIENCE BARGAINING UNIT

The representatives of the Treasury Board and the Public Service Alliance of Canada, in accordance with Article 57 of the Education and Library Science Group (EB) Collective Agreement, agree to re-open the collective agreement to amend the provisions for the employees of the Educational Support Group. Where appropriate in Article 45 and Article 50, the reference to: "Teacher" is replaced by: "Employee" to provide the inclusion of the Employees certified in the Teachers' Aides Sub-Group of the EU Group. The existing EU Group Pay Notes have also been amended to include new provisions and have been renumbered consequently. All changes are reflected in the documents attached to this Memorandum of Agreement.

SIGNED AT OTTAWA this 26^th day of the month of February 2003.

Display full size graphic

ARTICLE 45
WORK YEAR AND HOURS OF WORK FOR THE
ED-EST SUB-GROUP AND EU GROUP

Indian and Northern Affairs Canada

**

45.01 Employees Who Work a Ten (10)-Month Work Year

(a) "School year" applicable to an employee of the Department of Indian and Northern Affairs Canada, means the period extending from September 1 to August 31 of the following year. The number of working days in the school year shall not exceed those designated by the province, territory or provincial school unit within which geographical area the employee is working. Working days will include teaching days and professional development days.

(b) Employees of the Department of Indian and Northern Affairs Canada who work a ten (10)-month work year and who wish to leave the service before the beginning of the next school year will make every effort to submit their resignation no later than the 30^th of April and shall provide one (1) month's notice of resignation to the Employer if they wish to leave the service during the school year.

Paragraph (c) applies only to ED-EST Sub-group

(c) A teacher at the Department of Indian and Northern Affairs Canada shall have, as a minimum, an average of thirty-five (35) minutes per day uninterrupted preparation time during classroom hours. Each unit of preparation time shall be no less than twenty (20) minutes. Preparation time shall not include any teaching or supervisory responsibilities and shall not have an impact on the daily number of instructional minutes.

**

45.02 Except as provided in clause 45.04, the working day of an employee working a school year shall be the same as that designated by the province, territory or school unit in which the employee is working. The employee shall be entitled to the same designated holidays, Christmas break, Easter or mid-winter break, and summer break, as observed by school boards of the province or territory in which he or she works.

**

45.03 The commencement and termination of the school day of an employee covered by clause 45.01 shall be in accordance with the practice prevailing in non-federal schools of the province or territory in which the school is located with the additional provision that employees shall be required to be on duty fifteen (15) minutes before the time of opening of school in the morning.

**

45.04 When an agreement in writing is reached between the Employer and the majority of the employees in a school, the schedule of working days and the duration of a working day may vary from those established in clause 45.01, 45.02 and 45.03 provided that the total number of working days do not exceed those established in clause 45.01.

**

45.05 When an employee works (or attends orientation seminars at the request of the Employer) on a day other than a day provided for in clause 45.01 or 45.04, he or she shall be provided compensation on a day-for-day basis. This payment shall be calculated in accordance with clause 2.01("daily rate of pay") as will any deduction from pay as a result of an employee being on leave without pay.

45.06

Paragraph (a) applies only to ED-EST Sub-group

(a) Unless it is impractical for the Employer to have persons other than teachers provide lunch hour supervision, the teachers will be relieved of such supervisory duties.

**

Paragraph (b) applies only to EU Group

(b) Where teachers' aides are required to provide lunch-hour supervision, such teachers' aides shall be granted an equivalent period of time for their lunch period as close as possible to the mid-point of the school day.

**

45.07 Except as provided for in this agreement, an employee working a school year, as defined in clause 45.01 will not be entitled to leave with pay during periods in which he or she is not scheduled to work.

Clauses 45.08 to 45.13 apply only to the ED-EST Sub-group

45.08 Teachers Who Work a Twelve (12)-Month Work Year

(a) Guidance and Vocational Counsellors in the Department of Indian and Northern Affairs Canada shall be on a twelve (12)-month work year and the work day for such an employee shall be seven and one-half (7 1/2) hours or such lesser period as the Employer may schedule.

(b) Notwithstanding the provisions of this Article, upon request of an employee and the concurrence of the Employer, an employee may complete his or her weekly hours of employment in a period of other than five (5) full days provided that over a period of twenty-eight (28) calendar days the employee works an average of thirty-seven and one-half (37 1/2) hours per week. As part of the provisions of this clause, attendance reporting shall be mutually agreed between the employee and the Employer. In every twenty-eight (28) day period such an employee shall be granted days of rest on such days as are not scheduled as a normal work day for him or her.

Notwithstanding anything to the contrary contained in this Agreement, the implementation of any variation in hours shall not result in any additional overtime work or additional payment by reason only of such variation nor shall it be deemed to prohibit the right of the Employer to schedule any hours of work permitted by the terms of this Agreement.

Employees covered by this clause shall be subject to the variable hours of work provisions established in the Article 39.

Canadian Coast Guard College

45.09 An employee at the Canadian Coast Guard College shall be on a twelve (12)-month work year. The normal daily hours of work shall be scheduled between 7:00 a.m. and 6:00 p.m., Monday to Friday and shall include not more than four (4) hours of classroom teaching per day, with the exception of one (1) day only per week where an employee may be required to provide classroom teaching or to spend other time with students up to six (6) hours, provided that the total classroom teaching time does not exceed twenty (20) hours per week.

Correctional Service Canada

45.10

(a) An employee in the Correctional Service Canada shall be on a twelve (12)-month work year. The work day shall be seven and one-half (7 1/2) hours or such lesser period as the Employer may schedule. The work week shall be from Monday to Friday and between the hours of 7:00 a.m. and 6:00 p.m. and no employee shall be assigned work hours other than between these hours and on these days, except by the written consent of the employee concerned. Notwithstanding the above, an employee may accept voluntarily, hours of work between 7:00 a.m. and 10:00 p.m. following a request from the Employer.

(b) Rest Periods

The Employer shall schedule two (2) rest periods of fifteen (15) minutes each during each shift. An employee in the Correctional Service Canada may be required to take such rest periods at his or her work location when the nature of his or her duties makes it necessary.

National Defence

45.11 An employee in the Department of National Defence shall be on a twelve (12)-month work year and the work day for such an employee shall be seven and one-half (7 1/2) hours or such lesser period as the Employer may schedule between 7:00 a.m. and 6:00 p.m., Monday to Friday.

General

45.12 Subject to operational requirements, a Principal may be granted time away from classroom duties in accordance with the following schedule for the purpose of performing administrative and supervisory duties.

45.13 Subject to operational requirements, an Assistant Principal may be granted time away from classroom duties in accordance with the following schedule for the purpose of performing administrative and supervisory duties.

**

Clauses 45.14 to 45.19 apply only to the Employees of the EU Group Who Work a Twelve (12)-Month Work Year

45.14 Employees shall be on a twelve (12) month work year.

45.15 The normal work week for employees shall be from Monday to Friday.

45.16 The normal daily hours of work of employees, exclusive of meal breaks, shall be seven and one-half (7 1/2) hours and shall be scheduled in a continuous period, as operational needs require.

45.17 The Employer may authorize that certain tasks be performed away from the Employer's premises.

45.18 This clause applies only to Physical Education Instructors.

(a) The normal daily hours of work shall be scheduled between 7:00 a.m. and 5:00 p.m. Monday to Friday.

(b) No employee of Correctional Service Canada shall be assigned work hours other than between these hours and on these days, except by the written consent of the employee concerned.

45.19 The Employer will:

(a) notify the Alliance at the appropriate level, at least fourteen (14) calendar days before introduction of any change in the schedule of working hours if such change will affect a majority of the employees in any teaching unit;

(b) give reasonable notice of the change to those employees whose hours of work are affected by the change.

It is recognized that emergency situations may require the Employer to introduce changes in scheduled hours of work on short notice.

ARTICLE 50
ALLOWANCES

This Article applies to employees certified in the Elementary and Secondary Teaching Sub-Group and in the Educational Support Group.

Where the employee is entitled to an allowance provided in clause 50.01, 50.02, 50.03, 50.05 and 50.07 for less than a full work year, the amount of the allowance will be prorated on the basis of the percentage of the work year he or she was so employed.

Clauses 50.01 to 50.03 apply only to the ED-EST Sub-group

50.01 Principal's Allowance

Effective on the date of signature of this agreement, a principal of a school shall be paid an allowance for administrative and supervisory responsibilities at the following annual rates, calculated on September 1^st of each year:

The number of teachers and teacher aides who work under the supervision of the Principal but who are seconded from school boards, Indian bands, and other organizations shall be counted in determining the amount of the principal's allowance.

50.02 Assistant Principal's Allowance

An Assistant Principal of a school shall be paid an allowance for administrative and supervisory responsibilities at an annual rate equal to one-half of the Principal's allowance specified in clause 50.01 in accordance with the number of teachers and teacher aides supervised.

50.03 Department Head's Allowance

Effective on the date of signature of this agreement, a teacher who is a Department Head (including a Head Education Counsellor) shall be paid an allowance for administrative and supervisory responsibilities of two thousand and forty dollars ($2,040) per annum.

**

Paragraph 50.04 (b) applies only to the EU Group

50.04 Night School Compensation

(a) An employee shall be paid at his or her normal hourly rate of pay, for every completed hour of work, for approved scheduled teaching duties which are performed outside the authorized school hours and which are not part of the employees normal work program. This clause does not apply to an employee covered by Article 49.

(b) Teachers' aides and counsellor technicians who have passed or who will subsequently pass one or more specialized courses directly concerning their work, or courses that will enable the employees to upgrade their professional qualifications, of fifty (50) hours of course instruction time, or less depending on provincial criteria, in a recognized educational establishment, shall be granted, for each course passed, an allowance of one hundred dollars ($100) per course, up to a maximum of three (3) courses per year.

Clause 50.05 applies only to the ED-EST Sub-group

50.05 Allowance for Teachers of Specialist Subjects

Effective on the date of signature of the present agreement, employees who are assigned to counselling duties or to teaching duties in the specialist fields of kindergarten, primary methods, home economics, physical education, industrial arts, music, auxiliary education, opportunity classes, guidance, arts and crafts or other specialist fields designated by the Employer for at least fifty per cent (50%) of a full-time teaching or counselling schedule, and who submit documentary evidence of successful completion of not less than three (3) summer school or other approved courses in any one of these specialist fields sponsored by a recognized university or provincial Department of Education and each of which consists of at least fifty (50) hours of course instruction time or less depending on provincial criteria shall receive effective on the date of signature of this agreement, an allowance of nine hundred and twenty dollars ($920) per annum in excess of that to which they are eligible in view of their academic and professional qualifications or experience.

**

50.06 Summer School Allowance

An employee may be granted a per diem allowance as determined by the Employer, for summer school courses where the Employer identifies a departmental need for the employee to take such courses. The allowance will not be paid in respect of Saturdays and Sundays.

Clauses 50.07 and 50.08 apply only to the ED-EST Sub-group

50.07 One-Room School Allowance

Effective on the date of signature of this agreement, a teacher employed in the Department of Indian and Northern Affairs Canada as the only teacher in a one-room school shall be paid an allowance of one thousand one hundred and twenty-five dollars ($1,125) per annum.

50.08 Limitation

No employee will be paid more than one of the allowances provided in clause 50.01, 50.02, 50.03 and 50.07 of this Agreement.

EDUCATIONAL SUPPORT (EU) GROUP PAY NOTES

Language Instructor and Physical Education

1. Pay increment date of an employee shall be the first (1^st) Monday following the anniversary date of the employee's appointment.

2. Subject to satisfactory performance of duties, a part-time employee on a twelve (12) month work year shall be eligible to receive a pay increment when the part-time employee has worked a total of nineteen hundred and fifty (1950) hours at the hourly rate of pay during a period of employment provided that the maximum rate for the employee's level is not exceeded. The pay increment date shall be the first (1^st) working day following completion of the hours specified in this clause.

**

Teachers' Aides

3. An employee on a twelve (12) month work year is entitled to be paid for services rendered at rates of pay which are higher, by twenty per cent (20%), than the rates of pay on the pay scale as set forth in Appendix "A".

4. The Employer will continue the present practice of paying teachers of the Department of Indian and Northern Affairs on a bi-monthly basis, with one (1) pay cheque in July and August.

5. An employee in the Department of Indian and Northern Affairs who commences a new school year in the month of July or the month of August is entitled to be paid from the commencement of the employee's school year at the rate of pay that becomes effective on the following September 1^st.

6. Changes in Rates of Pay after Appointment

(a) After appointment, an employee on a school year will be granted annual increments on September 1^st of each year provided the employee has received pay for at least six months since the last increment or since appointment.

(b) Subject to satisfactory performance of duties, an employee on a twelve (12) month work year will be granted annual increments on the first Monday following the anniversary date of the employee's most recent appointment.

**

7. No employee will receive a rate of pay lower than the rate of pay he or she was receiving when, by mutual agreement, the employee is transferred from one region to another during the school year. The higher rate of pay will be paid for the remainder of that school year only. Should the rate of pay in the new region be higher, the higher rate will apply.

**

8. The salary to be paid to employees in the Teachers' Aides Sub-group shall be the rate in the scale for the appropriate region.