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Living Waters Catholic Schools REGIONAL DIVISION No.42 COLLECTIVE AGREEMENT BETWEEN LIVING WATERS CATHOLIC R E G I O N A L D I V I S I O N N O . 4 2 AND THE ALBERTA UNION OF PROVINCIAL EMPLOYEES O N B E H A L F O F L O C A L 0 7 1 C H A P T E R 0 1 2 SEPTEMBER 1,2016 - AUGUST 31,2020

Living Waters - AUPE 071:012 Living... · Living Waters Catholic Schools REGIONAL DIVISION No.42 C O L L E C T I V E A G R E E M E N T BETWEEN L I V I N G W A T E R S C A T H O L

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Page 1: Living Waters - AUPE 071:012 Living... · Living Waters Catholic Schools REGIONAL DIVISION No.42 C O L L E C T I V E A G R E E M E N T BETWEEN L I V I N G W A T E R S C A T H O L

Living WatersCathol ic SchoolsR E G I O N A L D I V I S I O N N o . 4 2

C O L L E C T I V E A G R E E M E N T

B E T W E E N

L I V I N G W A T E R S C A T H O L I CR E G I O N A L D I V I S I O N N O . 4 2

A N D T H E

A L B E R T A U N I O N O F P R O V I N C I A L E M P L O Y E E SO N B E H A L F O F

L O C A L 0 7 1 C H A P T E R 0 1 2

SEPTEMBER 1,2016 - AUGUST 31,2020

Page 2: Living Waters - AUPE 071:012 Living... · Living Waters Catholic Schools REGIONAL DIVISION No.42 C O L L E C T I V E A G R E E M E N T BETWEEN L I V I N G W A T E R S C A T H O L

N U M E R I C A L T A B L E O F C O N T E N T S

A r t i c l e N o . Page No

P r e a m b l e 1

1 D e fi n i t i o n s 22 Application 4

3 Management Rights 44 Union Jurisdiction and Recognition 4

5 Union Membership and Dues 66 Time O f f f o r Un ion Bus iness 7

7 N o D i s c r i m i n a t i o n 78 Respect in the Workplace 7

9 Probationary Period 710 Discipline 811 Gr ievance Procedure /Arb i t ra t ion 9

12 Va c a n c i e s 1213 Maternity and Parental Leave 121 4 V a c a t i o n s 1515 H o u r s o f W o r k 16

16 O v e r t i m e 171 7 Leaves o f Absence 17

18 Named Holidays 2 019 Sick Leave 2 1

20 H e a l t h a n d I n s u r a n c e B e n e fi t s 2 221 Seniority 2 522 Layoff and Recall 2 623 Wages and Premiums 2 7

2 4 C l a s s i fi c a t i o n s 2 825 R R S P C o n t r i b u t i o n s 2 9

2 6 Labour Management Committee 2 92 7 Travel and Transportation 3 0

28 Training and Professional Development 3 029 Protective Apparel and Footwear 3 13 0 Occupational Health and Safety 3 131 Duration/Term of Agreement 3 1

Salary Schedule "K" - Grids 3 3General Wage Increases 3 3Letters of Agreement;Re: Classification: School-Based Technology Clerk 3 5Re: Classification: Nutrition Program Lead 3 6Re: Classification: Career and Community Connections Coach 3 7Re: Classification: Classroom Supervisor 3 8Re: Employment of Students 4 0

Support Staff Salary Schedule "A" Grids

i

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A L P H A B E T I C A L T A B L E O F C O N T E N T S

A r t i c l e N o . Page No

2 Application 4

2 4 C l a s s i fi c a t i o n s 2 81 D e fi n i t i o n s 2

1 0 Discipline 831 Duration/Term of Agreement 31

General Wage Increases 3 3

1 1 Gr ievance Procedure /Arb i t ra t ion 9

2 0 H e a l t h a n d I n s u r a n c e B e n e fi t s 2 215 H o u r s o f W o r k 1 6

2 6 Labour Management Committee 2 92 2 Layoff and Recall 2 61 7 Leaves o f Absence

Letters of Agreement:1 7

Re: Classification: Classroom Supervisor 3 8Re: Classification: Career and Community Connections Coach 3 7Re: Classification: Nutrition Program Lead 3 6Re: Classification: School-Based Technology Clerk 3 5Re: Employment of Students 4 0

3 Management Rights 4

13 Maternity and Parental Leave 1 2

18 Named Holidays 2 07 N o D i s c r i m i n a t i o n 7

3 0 Occupational Health and Safety 3116 O v e r t i m e 17

P r e a m b l e 1

9 Probationary Period 7

2 9 Protective Apparel and Footwear 31

8 Respect in the Workplace 7

2 5 R R S P C o n t r i b u t i o n s 2 9

Salary Schedule "K" - Grids 3 32 1 Seniority 2 5

19 S ick Leave 21

Support Staff Salary Schedule "K" - Grids 4 1

6 Ti m e O f f f o r U n i o n B u s i n e s s 7

2 8 Training and Professional Development 3 02 7 Travel and Transportation 3 04 Union Jurisdiction and Recognition 45 Union Membership and Dues 61 2 Va c a n c i e s 12

1 4 V a c a t i o n s 1 5

2 3 Wages and Premiums

i i

2 7

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THIS COLLECTIVE AGREEMENT MADE THIS 16"^ DAY OF OCTOBER, 2018

B E T W E E N :

THE LIVING WATERS CATHOLIC REGIONAL DIVISION NO. 42

(Hereinafter called "the Employer")

PA R T Y O F T H E F I R S T PA R T

A N D :

T H E A L B E R T A U N I O N O F P R O V I N C I A L E M P L O Y E E S

(Hereinafter called "the Union")

PA R T Y O F T H E S E C O N D PA R T

P R E A M B L E

WHEREAS, this agreement is made pursuant to the laws of the province of Alberta as amendedfrom time to time including but not limited to the School Act, the Human Rights, Citizenship, andMulticulturalism Act, the Employment Standards Code, and the Labour Relations Code:

It is the desire of both parties to this agreement:

(a) To maintain existing harmonious and respectful relations between the Employerand the Union,

(b) To recognize the mutual value of joint discussions,

(c) To encourage efficiency in operation, and

(d) To promote the morale, well-being and security of all Employees.

1

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A R T I C L E 1

D E F I N I T I O N S

1.01 (a) A "Permanent Full-Time Employee" shall mean an Employee in anestablished position imder this agreement who has successfullycompleted the required Probationary Period as defined in Article 9 andwhose hours of work are defined as per Article 15 - Hours of Work andAr t i c le 16 - Over t ime .

(b) A "Permanent Part-Time Employee" shall mean an Employee in anestablished position imder this agreement who has successfullycompleted the required Probationary Period as defined in Article 9 andwho is scheduled to work less than the weekly horns of work set forth inAr t i c le 15 - Hours o f Work and Ar t i c le 16 - Over t ime.

(c) "Temporary Employee", shall mean a person who is hired to replace aFuU-Time or Part-Time Employee who is on an approved Leave ofAbsence for a period in excess of ninety (90) calendar days to a maximumof twelve (12) months.

The Temporary status may be extended to a maximum of eighteen (18)m o n t h s w i t h w r i t t e n n o t i fi c a t i o n t o t h e U n i o n .

In the case of Maternity Leave coverage, temporary status may beextended up to eighteen (18) months with written notification to theU n i o n .

The parties agree that Temporary Employees whose status is extended inexcess of six (6) months by written notification to the Union shall receiveInsurance Benefits in accordance with Article 20 - Health and InsuranceB e n e fi t s f r o m t h e c o m m e n c e m e n t o f t h e t e m p o r a r yemployment/engagement.

(d) "Casual Employee" shall mean a person who:

(i) works on a call-in basis and is not regularly scheduled, or

(ii) relieves a Full-Time or Part-Time Employee who is on anapproved Leave of Absence with a set start and end date; theduration of which is ninety (90) days or less, or

(iii) for all other situations is regularly scheduled for a period oftwenty (20) working days or less for a specific job.

2

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1.02 The minimum number of days all Permanent Full-Time Employees shall bescheduled to work aimually will directly correspond with the number ofinstructional days for students in their respective Wards plus an additional two(2) paid days within the operational days identified in the yearly school calendar.Days of work shall not be deemed to include Saturdays, Sundays, or statutoryholidays.

1.03 A "Ward" is defined as one (1) of the three (3) Municipalities of Edson,Wh i tecou r t and S lave Lake .

1.04 "Superintendent" shall mean the Chief Executive Officer of the Board, orauthorized representative.

1.05 "Arbitration" shall take meaning from the appropriate section of the LabourRelations Code dealing with the resolution of a dispute or difference.

1.06 "Union" shall mean the Alberta Union of Provincial Employees (AUPE). In theevent of a change of name of the aforementioned Union, the subsequent nameshall be recognized.

1.07 "Permanent Employment" shall mean continuous on-going employment after thesuccessful completion of the probationary period. It may be either full or part-t i m e .

1.08 "Employer" shall mean and include such officers as may from time to time beappointed, or designated to carry out administrative duties in respect of theoperation and management of the Living Waters Catholic Regional Division No.42.

1.09 "Union Representative" means a staff person from the Union authorized by theUnion to act on behalf of an Employee.

1.10 "Union Steward" means an Employee who has completed the required AUPEcourses and training necessary to provide Union representation to Members.

1 . 1 1 " L o c a l " m e a n s L o c a l 0 7 1 o f A U P E .

1.12 "Chapter" means Chapter 71/012 of The Alberta Union of Provincial Employees.

1.13 "Member" means an Employee of the Living Waters Catholic Regional DivisionNo. 42 who is included in this Collective Agreement and who is a member of theL o c a l .

1.14 "Shall" means mandatory rather than directory.

3

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A R T I C L E 2

A P P L I C A T I O N

The Collective Agreement shall apply to all Employees of the bargaining unit.

Employees shall be compensated for work performed in accordance with theschedule of basic rates of pay as set out in Salary Schedule "A" - Grids, be boundby other provisions of employment, and qualify for such benefits in accordancewith the provisions set out in this Collective Agreement.

In the event any provision of this Collective Agreement is in conflict with anypresent or future statute of the Government of Alberta or Canada applicable tothe Employer, the section so affected shall be altered or amended forthwith in amanner agreeable to both parties so as to incorporate required changes. Suchaction shall not affect any other provisions of this Collective Agreement.

Any changes deemed necessary in the Collective Agreement shall be made bymutual agreement at any time during the existence of this Collective Agreement.Such changes shall be in writing and duly signed by authorized agents of theparties.

Where a conflict exists between a provision contained in this CollectiveAgreement and the subject matter is covered by the Employer's policies,practices, guidelines or directives, the Collective Agreement shall apply.

A R T I C L E 3

M A N A G E M E N T R I G H T S

The Employer retains the exclusive right to manage and control all of itsoperations subject only to the express terms of this Agreement. All managementfunctions, rights, powers, and responsibilities which the Employer has notmodified by this Agreement are retained and vested exclusively in the Employer.

A R T I C L E 4

U N I O N T U R I S D I C n O N A N D R E C O G N m O N

The Employer recognizes the Union as the exclusive bargaining agent for allEmployees as described by the Labour Relations Board Certificate Number 163-99, as issued by the Labour Relations Board of the Province of Alberta.

(a) Employees or persons whose jobs are not in the bargaining unit shall notwork on any jobs which are included in the bargaining unit, providingthat the act of performing the aforementioned activities does not displaceany bargaining unit Employees or reduce the hours of work or pay of anybargaining unit Employee. The foregoing does not apply in cases of anemergency or for the purposes of instruction.

4

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(b) An emergency is defined as any imexpected situation that arises thatprohibits the Employer from providing the normal standard of service orendangers the well-being of the students, parents and staff.

(c) Where the Employer finds it necessary to transfer, assign, sub-contract, oroutsource any work or functions performed by Employees covered bythis Collective Agreement, the Employer shall inform the Union aboutreasonable measures regarding the interests of affected Employees.

(d) No Employee will lose their employment or have a reduction in PTE as aresult of the contracting out the work of the bargaining unit.

The Employer agrees that the Union shall be the sole Bargaining Agent for theincumbents of those positions which are included in classifications set out in thisAgreement.

No Employee shall be required or permitted to make any written or verbalagreement which may be in conflict with the terms of this Collective Agreement.

The Employer shall provide bulletin board space upon which the Union shallhave the right to post notices of meetings and such other notices as may be ofinterest to Employees. The Union shall not post anything objectionable to theEmployer.

The Union and the Employer desire every Employee and Supervisor to befamiliar with the provisions of this Agreement. For this reason, the Employerand Union shall co-operate in printing sufficient copies of the Agreement fordistribution to existing Employees, and shall share equally the printing costs.

The Union shall provide a Union orientation of not more than one-half (1/2)hour to a new Employee on the Employer's time. This orientation may be done atthe Employer's General Orientation for new Employees.

The Employer will provide access to the Collective Agreement to newEmployees. The Union will provide copies of the Collective Agreement toexisting Employees and any other materials the Union deems necessary.

The Employer recognizes Employees who are registered as Union Stewards.

(a) If requested by an Employee, a Union Steward may accompany orrepresent that Employee. The Union shall notify the Employer, in writing,of the names of the Union Stewards and advise the Employer of anychanges.

(b) The Chapter or any Employee shall have the right to the assistance of aUnion Representative in dealing with or negotiating with the Employerand the Employee shall be informed of this right. The UnionRepresentative shall have access to the work site to conduct Unionbusiness upon prior approval of school administration.

5

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(c) New Employees shall be advised of the name(s) and location(s) of theirUnion Steward(s) by the Chapter Chair or Union Representative.

4.09 The Parties agree that there shall be no discrimination exercised or practiced withrespect to any Employee by reason of membership in the Union or lawful activityi n t h e U n i o n .

4.10 In the event any provision of this Agreement is in conflict with any existing orfuture legislation applicable to the employer^ the section affected shall berenegotiated to the satisfaction of both parties. Such action shall not affect anyother provision of the Agreement.

A R T I C L E 5

U N I O N M E M B E R S H I P A N D D U E S

5.01 Membership in the Union is mandatory. Membership is a right and participationis lawful and is a condition of employment.

5.02 For the purpose of this Article, "gross earnings" shall mean all monies earned bythe Employee under the terms of this Collective Agreement.

5.03 The Employer shall, as a condition of employment, deduct from the grossearnings of each Employee covered by this Collective Agreement an amountequal to the dues as determined by the Union.

5.04 The Union shall advise the Employer, in writing, of any percentage change in theamount of dues to be deducted for the Employees. Such notice shall becommunicated to the Employer at least thirty (30) working days prior to the dateof the change.

5.05 The Employer agrees to remit to the central office of the Union, the amountsequal to the dues that have been deducted from the pay of Employees by the firstworking day after the fifteenth (15"^) calendar day in the following month.Where an accounting adjustment is necessary to correct an over or underpayment, it shall be effective in the succeeding pay period. Particulars,identifying the Employee's name and the amounts deducted from the Employee,shall be provided on an electronic format.

5.06 The Employer will record the amount of individual dues deducted on T4s issuedfor income tax purposes.

5.07 A minimum of once per month, the Board will provide to the Union a list ofEmployee particulars including: name, mailing address, e-mail address,telephone number, work location, base earnings, the amount of dues deducted,commencement date, and their classification. The information shall be providedon an e lec t ron ic fo rmat .

6

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A R T I C L E 6

T I M E O F F F O R U N I O N B U S I N E S S

6.01 Subject to operational requirements as determined by the Principal or immediatesupervisor, the Employer shall grant time off without pay and benefits forEmployees for the purpose of conducting collective bargaining with theEmployer or to participate in Union business.

6.02 Where time off is without pay and benefits, the Employer will maintain theEmployee's regular pay and benefits and invoice the Union for the Employee'sregular pay and benefits. The Union agrees to reimburse the Employer.

6.03 An Employee, who is elected or selected for a full-time position with the Unionor any body with which the Union is affiliated, shall be granted leave of absencewithout pay and without loss of seniority, for a period of one (1) year. Leavegranted for such purposes may be renewed a maximum of one (1) time.

A R T I C L E 7

N O D I S C R I M I N A T I O N

7.01 This Collective Agreement has been negotiated with the intent to comply withthe provisions of the Human Rights, Citizenship and Multiculturalism Act. If anypart of this collective agreement, or application thereof, is consideredinconsistent with the terms of the Act, the matter shall be subject to discussion.

A R T I C L E 8

R E S P E C T I N T H E W O R K P L A C E

8.01 The Union and the Employer recognize the right of Employees to work in anenvironment free from discrimination and harassment and the Employer, afterproper investigation, may discipline for just cause any person employed by theEmployer engaging in the harassment of another Employee.

A R T I C L E 9

P R O B A T I O N A R Y P E R I O D

9.01 Probationary Employees are all persons initially hired on trial to determine theirsuitability and compatibility for continued employment. All new Employeesshall be considered probationary for the first six (6) months.

9.02 If the Principal or immediate supervisor feels that a probationary Employee isnot meeting their job standards, that Employee shall receive a performanceimprovement discussion, followed by a letter outlining performance areas forimprovement.

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9.03 Prior to the end of the first six (6) months worked, the Employer may extend theprobationary period of a probationary Employee to the first nine (9) monthsworked. The Employee and Union Representative shall be informed of any suchextension by letter from the Superintendent or designate.

9.04 If a probationary Employee is unsuitable in the opinion of the Principal orimmediate supervisor, such Employee may be terminated during theprobationary period without notice and an Employee may grieve theirtermination to Step II of the Grievance Procedure.

9.05 Upon successful completion of the probationary period, a probationaryEmployee's initial date of hiring will be established as the date ofcommencement of employment and seniority shall be credited back to that date.

9 . 0 6 T r i a l P e r i o d

Where an Employee is transferred through competition, reclassified, orpromoted, the Employer may require that they serve a trial period of up to nine(9) months in the new position.

During the trial period the Employee may either:

(a) return to their former position at their request; or

(b) be returned to their former position;

but in either circumstance, at the discretion of the Employer, they shall beassigned to a similar position consistent with their abilities and/or qualifications,which position may not be the specific position or in the specific area occupiedprior to the promotion or transfer. Such reinstatement or placement shall be at noless than the Rate of Pay to which they would be entitled had they remained intheir former position.

Where an Employee is transferred through competition, reclassified, orpromoted before completing their trial period, the Employer may require thatthey serve a full trial period in their new position.

A R T I C L E 1 0

D I S C I P L I N E

10.01 All Employees, except probationary Employees, may be disciplined or dismissedon the basis of just cause only.

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Subject to the Employer's ability to schedule, an Employee shall have the right atany time to have access to and review their personnel file at the Living WatersSchool Board Office. Copies of documents within the file shall be given to theEmployee upon request. The Employee shall have the right to respond inwriting to any document contained therein, which will then become part of theEmployee's personnel file.

An Employee who is to be interviewed on any disciplinary measure or allegedmisconduct shall be notified in advance of the purpose, time and place of theinterview. Except for extenuating circumstances, an Employee shall receive atleast twenty-four (24) hours notice of such meetings. The Employee shall beinformed in this notice of the right to be accompanied by a Union Representativeand/or Union Steward of their choosing.

When the Employer takes disciplinary action against an Employee, which is tobecome part of the record, such discipline shall be provided to the Employee inwri t ing.

After twenty-four (24) months, no reference shall be made to disciplinarydocumentation in the Human Resource record in future disciplinary matters,providing no additional discipline was issued during the preceding twenty-four(24) months.

A R T I C L E 11

G R I E V A N C E P R O C E D U R E / A R B I T R A T I O N

A Grievance under this Agreement shall be defined as:

(a) any difference or dispute between the Employer and an Employee of theEmployer, or

(b) any difference or dispute between the Employer and the Union relating tothe interpretation, application, or administration of this Agreement, or

(c) an allegation that this Agreement has been violated, or

(d) a situation where the Employer has allegedly acted imjustly orimproperly.

The parties to this Agreement are agreed that it is of the utmost importance toaddress grievances as quickly as possible.

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11.03 The grievance submitted by the Union, on behalf of the Employee, or any writtendecision submitted by the Employer for any step in the grievance procedure, ifsubmitted by registered mail, shall be deemed to be submitted on the day onwhich it was signed by the Union, on behalf of the Employee, and delivered tothe Employer.

11.04 The purpose of the grievance procedure is to ensure that all grievances areprocessed properly and expeditiously. Therefore, strict adherence to theprovisions of the grievance procedure is mandatory. If the respondent fails tocomply with the provisions of the grievance procedure, the grievance may beprocessed to the next step by the grievor. If the grievor fails to comply with theprovisions of the grievance procedure, the grievance shall be consideredabandoned. Time limits may only be extended by the written agreement of bothP a r t i e s .

11.05 It is understood that Employees may have assistance from the Union during allsteps in the Grievance Procedure.

If a dispute arises between the Employer and an Employee, as outlined in Clause11.01, die Employee shall discuss the matter with their immediate supervisor ordesignate with a view to resolving it within five (5) days of the occurrencecausing the grievance or within five (5) days of the time the Employee firstbecame aware of, or reasonably should have become aware that a grievance hadallegedly occurred. If the dispute cannot be resolved satisfactorily, it may then beadvanced to formal dispute resolution at Step I.

1 1 . 0 6 S t e p I

The Employee shall submit a written grievance signed by the Union on behalf ofthe Employee to the Employee's principal or designate within fifteen (15) days ofthe event giving rise to the grievance and it shall set out the nature of thegrievance, the remedy sought, and the Article or Articles of the Agreementwhich are alleged to have been violated. The immediate supervisor will deliver adecision in writing to the Employee and Union Representative within ten (10)days following the day of which the grievance was presented to them. Failingsettlement, then;

1 1 . 0 7 S t e p I I

Within ten (10) days following the decision under Step I, the Union on behalf ofthe Employee shall submit the written grievance to the Superintendent ordesignate. The Superintendent or designate will deliver to the Employee and theUnion Representative their decision in writing ten (10) days from the date onwhich the written grievance was presented to tiiem. The parties shall, at therequest of either party, meet to discuss the grievance at a time and place suitableto both parties. Failing settlement, then:

10

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1 1 . 0 8 S t e p I I I

Within ten (10) days following the decision at Step II, the Union on behalf of theEmployee shall submit the written grievance to the Employer. The Employer or acommittee established by the Employer shall meet within twenty (20) days of thesubmission to consider the case at which time the Union may makerepresentation on behalf of the Employee. The decision of the Employer will besent to the Employee and Union Representative within three (3) days of thehearing. Failing settlement then:

1 1 . 0 9 S t e p I V

Within ten (10) days following the decision under Step m, either party shallnotify the other in writing of its desire to submit the grievance to Arbitration,provided the grievance has been properly processed according to the provisionsrequired by the Grievance Procedure. Such written notice shall specify thenature of the grievance, the Article or Articles of this Agreement upon which thegrievance is based, the redress sought, and the name and address of the party'sappointee to the Arbitration Board.

The recipient of the written notice specified in Step IV of the GrievanceProcedure shall within fifteen (15) days following receipt of said notice, informthe other party of the name and address of its appointee to the Arbitration Board.The two appointees so selected shall within ten (10) days of the appointment ofthe second of them appoint a third person as Chairman. In the event thenominees are imable to agree on a Chairman, the Director of Mediation shallappoint one.

The Arbitration Board shall have no power to add to, subtract from, or modifyany of the terms of this Agreement, or any other terms made supplementalhereto, or to arbitrate any matter not specifically provided for by this Agreement,or to enter any new provisions into this Agreement.

11.10 Any grievance involving dismissal or suspension shall be submitted withinfifteen (15) days at Step II of the Grievance Arbitration procedure.

11.11 All documentation may be submitted via fax, e-mail, registered mail, courieredo r h a n d - d e l i v e r e d .

11.12 Each Party to the grievance shall bear the expenses of its representativeappointee and the two Parties shall bear equally the expense of the Chair.

11.13 The Arbitration Board shall have jurisdiction to determine whether the grievancepresents an arbitral issue.

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A R T I C L E 1 2

V A C A N C I E S

(a) (i) All vacancies and all newly created positions shall be postedbargaining unit wide on bulletin boards and the Employer'swebsite for a minimum of five (5) consecutive working days inadvance of making an appointment.

(ii) In the case of custodial and maintenance positions, the postingperiod shall be for two (2) consecutive working days in advance ofmaking the appointment.

(iii) The Chapter Chair shall be notified by fax or electronically of eachposting at the time it is made.

(b) The name of the successful applicant shall also be given in writing to theU n i o n .

When an appointment to a vacant position is being considered and where theEmployer has assessed that the job-related ability, skills, performance andqualifications of two or more internal applicants are equal, then seniority shall bethe deciding factor.

Each applicant appointed to a position shall receive a letter confirming the status,classification, PTE, rate of pay, the position, and the location of the position.

This Article may be waived by the Employer while there are individuals onlayoff.

A R T I C L E 1 3

M A T E R N I T Y A N D P A R E N T A L L E A V E

M a t e m i t v L e a v e

Following ten (10) months of service, leave of absence without pay for more thanfour (4) weeks to a maximum of eighteen (18) weeks for maternity reasons willbe granted by the Employer with written notification to the immediatesupervisor and subject to the following conditions:

(a) The Employee will apply for maternity leave a minimum of three (3)months prior to the expected date of birth.

(b) The date on which maternity leave will commence will be determined bythe Employee, in consultation with their physician, unless the pregnancyinterferes with the performance of the duties of their position.

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(c) The Employee's anticipated return date is contained in the writtenn o t i fi c a t i o n .

13.02 An Employee on approved maternity leave is entitled to return to the positionthey held immediately prior to going on leave. If their position no longer exists,they will be placed in alternate work of a comparable nature at the same rate ofpay and benefits. An Employee who wishes to resume their employment onexpiration of their approved maternity leave will provide at least four (4) weeksnotice in writing of the day they intend to resume employment. In the event theEmployee wishes to resume employment earlier than their intended date ofreturn, they may do so imder the following conditions:

(a) one (1) month following the birth of their baby if a medical certificate isprovided; or

(b) six (6) weeks following the birth of their baby if a medical certificate is notprovided.

13.03 The Employee is required to advise the Employer prior to the commencement ofmaternity leave regarding the continuation of benefit coverage for the durationof the leave. Benefit coverage will be provided for any health related portion oftheir absence. The Employee will provide medical evidence from their physicianspecifying the portion of their maternity leave attributable for any health relatedabsence. If an Employee opts to continue their benefit coverage with theEmployer beyond the illness related portion of their leave, they must prepaytheir premiums for the non-medical portion of their leave.

13.04 A pregnant Employee who satisfies the Employer, through medical evidencefrom their physician, that continued employment in their present position maybe hazardous to their health or to their unborn child, may request a transfer to amore suitable position if one is available. The Employee will be paid within therange for the new position. If no suitable position is available and/or theEmployee is not transferred, they may request maternity leave, if eligible, underthis Article. In the event that such leave commences within the first four (4)months of pregnancy, which necessitates an absence of longer than twelve (12)months, the Employee may request further leave without pay.

13.05 The Employer will provide top up benefits to eligible Employees on maternityleave in accordance with the Employment Insurance Regulations and subject tothe following conditions:

(a) An Employee may apply for top up benefits during the illness relatedportion of their maternity leave provided:

(i) they are receiving employment insurance maternity benefits,

(ii) they have sufficient illness entitlement, and

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(iii) they provide medical evidence from their physician specifying theportion of their maternity leave attributable for any health relatedabsence .

(iv) the period of all top up benefits shall not exceed eighteen (18)w e e k s .

(b) Evidence of payment of Employment Insurance maternity benefits(cheque stub) must be presented to the Employer in order to receivematernity top up benefits.

(c) The maternity top up benefit will provide the Employee with onehundred percent (100%) of gross earnings less deductions.

(d) An Employee who wishes to receive top up benefits will apply forEmployment Insurance maternity benefits as soon as eligible.

1 3 . 0 6 P a r e n t a l L e a v e

Following ten (10) months of service, leave of absence without pay and benefitsto a maximum of thirty-seven (37) weeks will be granted to an Employee forparental leave for their newborn or adopted child, with written notification to theimmediate supervisor and subject to the following conditions:

(a) The Employee will apply for leave a minimum of one (1) month prior tothe anticipated birth or adoption date, or provide as much notice aspossible.

(b) Such leave will conunence no sooner than the actual birth or adoptiond a t e .

(c) Such leave will commence no later than fifty-two (52) weeks after theactual birth or adoption date.

(d) An Employee is required to advise the Employer prior to thecommencement of parental leave regarding continuation of benefitcoverage for the duration of the leave. If the Employee opts to continuebenefit coverage with the Employer during their parental leave, theymust prepay the premiums.

1 3 . 0 7 G e n e r a l

If an Employee decides not to return to work and so advises the immediatesupervisor, benefit coverage entitled as an Employee, as above, will bemaintained for the duration of the approved leave. Where an Employee decidesto terminate their employment prior to the end of the approved leave, anyprepaid benefit premiums will be reimbursed.

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13.08 No Employee will be eligible for leave under this Article that is in excess ofeighteen (18) months, per birth or adoption, unless otherwise approved.

A R T I C L E 1 4

V A C A T I O N S

14.01 (a) Custodians and Maintenance Personnel shall earn vacation in accordancewith the following schedule:

(i) Less than one (1) full vacation year of employment: TheEmployee earns one (1) day for each month of service to amaximum of ten (10) days.

(ii) During the first four (4) full vacation years of continuous service:the Employee earns two (2) weeks vacation of ten (10) days.

(iii) During the fifth (5th) and sixth (6th) full vacation years ofcontinuous service: the Employee earns three (3) weeks vacationof fifteen (15) days.

(iv) During the seventh (7th), eighth (8th) and ninth (9th) full vacationyears of continuous service: the Employee earns four (4) weeksvacation of twenty (20) days.

(v) During the tenth (10th) and subsequent full vacation years ofcontinuous service: the Employee earns five (5) weeks vacation oftwenty-five (25) days.

(b) Vacation for a Part-Time Employee Custodian or Maintenance Personnelshall be prorated based on the number of hours the Employee worked onan annual basis as compared to the normal hours of work for a full-timeCustodian or Maintenance Personnel in the same classification.

(c) "Vacation year" means the twelve (12) month period commencing onSeptember 1 and concluding on August 31. Vacation earned in onevacation year shall be taken in the following vacation year. Vacationearned in one vacation year may be taken in the same vacation year withprior approval of the supervisor.

(d) For Maintenance and Custodian staff any vacation time beyond three (3)consecutive weeks requires a prior written application from theEmployee and approval from the supervisor at least one (1) month priorto the in tended vacat ion da te .

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(e) Sick leave may only be substituted for vacation leave where medicalevidence, satisfactory to the Employer, can be provided that a seriousillness or accident occurs prior to the scheduled vacation time and resultsin the Employee having to cancel vacation plans such as travel orattendance/participation in special events.

14.02 Requests for vacations shall be made in writing at least two (2) weeks prior to thebeginning of the leave. Response to such requests shall be made by theSupervisor or designate within five (5) working days and scheduled in thecontext of what needs to be done for readiness of operations to ensure schoolopening.

14.03 All Employees except for Custodians and Maintenance Personnel are entitled tovacation pay on each pay in accordance with the following schedule:

(a) Prior to the fifth (5th) full vacation year of continuous employment; fourpercent (4%) of regular earnings.

(b) During the fifth (5th) and sixth (6th) full vacation years of continuousemployment; six percent (6%) of regular earnings.

(c) During the seventh (7th), eighth (8th) and ninth (9th) full vacation yearsof continuous employment; eight percent (8%) of regular earnings.

(d) During the tenth (10th) and subsequent full vacation years of continuousemployment; ten percent (10%) of regular earnings.

A R T I C L E 1 5

H O U R S O F W O R K

The minimum normal hours of work in a full day for a Permanent Full-Time Employee shall be seven and one-half (7 !̂ ) hours exclusive of mealbreaks. However, this does not constitute the maximum hours anEmployee may be required to work in a day.

Library Clerk. Financial Assistant, and Clerk Typist

The minimum normal hours of work in a full day for a Permanent Full-Time Employee shall be seyen (7) hours exclusiye of meal breaks.Howeyer, this does not constitute the maximum hours an Employee maybe required to work in a day.

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(c) Teacher Assistant:

The minimum normal hours of work in a full day for a Permanent Full-Time Employee shall be six and one-half (614) hours, exclusive of mealbreaks. However, this does not constitute the maximum hours anEmployee may be required to work in a day.

(d) Custodians and Maintenance Personnel:

The minimum normal hours of work in a full day for a Permanent Full-Time Employee shall be eight (8) hours, exclusive of meal breaks.However, this does not constitute the maximum hours an Employee maybe required to work in a day.

15.02 Within the first two (2) weeks of each school year, or upon reassignment, anEmployee's hours of work shall be outlined in writing by the Employer.

A R T I C L E 1 6

O V E R T I M E

16.01 An Employee may be required to work additional hours or overtime. All suchadditional hours or overtime must be authorized by the principal prior to theEmployee working the additional hours or overtime.

16.02 Overtime hours shall be defined as hours worked by an Employee in excess ofeight (8) hours per day or forty (40) hours per week or on scheduled days off orpaid holidays or designated days off.

16.03 Overtime hours will be calculated to the nearest one quarter (1/4) hour and shallbe paid for at the rate of one and one-half (114) times the Employee's regularhourly rate of pay. All additional and overtime hours worked will be paid onthe Employee's next month's pay.

16.04 All call out hours will be paid at the overtime rate for a minimum of three (3)h o u r s .

A R T I C L E 1 7

L E AV E S O F A B S E N C E

1 7 . 0 1 N o t i fi c a t i o n o f L e a v e

An Employee shall request any leave under this Article from their principal priorto the commencement of any leave of absence and shall outline the nature oftheir leave request.

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1 7 . 0 2 A b a n d o n m e n t o f P o s i t i o n

An Employee who is absent for more than three (3) consecutive days without theprior approval of their direct supervisor or designate shall be considered to haveterminated their position.

17.03 Critical Dlness / Compassionate Leave

(a) Temporary leave of absence, with pay and benefits, necessitated at thetime of critical illness shall be granted as follows:

(i) For members of the immediate family: Spouse, child, parent,brother, sister, parent-in-law, grandchild, grandparent, son-in-law, daughter-in-law; a period not exceeding five (5) days.

(ii) The five (5) day period may be extended upon application to theSuperintendent. The granting of an extension to such leave shallbe at the sole discretion of the Superintendent.

(iii) Critical illness shall mean a life threatening illness. Medicalevidence attesting to the critical illness must be provided by theEmployee to the Superintendent.

B e r e a v e m e n t L e a v e

(b) Temporary leave of absence, widi pay and benefits, in the event of adeath, shall be granted as follows:

(i) For members of the immediate family: Spouse, child, parent,brother, sister, parent-in-law; a bereavement period not exceedingfive (5) days. The five (5) day period may be extended uponapplication to the Superintendent or designate. The granting ofan extension to such leave shall be at the sole discretion of the

Superintendent or designate.

(ii) To attend the funeral of aunt, uncle, nephew, niece, grandparents,grandchild, and other in-laws, a bereavement period notexceeding three (3) days leave, and the bereavement period maybe extended to a maximum of five (5) days upon application to theEmployer. The granting of an extension to such leave shall be atthe sole discretion of the Superintendent or designate.

1 7 . 0 4 P e r s o n a l L e a v e

(a) Subject to the operational requirements of the school, an Employee isentitled to two (2) days of personal leave with pay in each school year.The first full or half day of personal leave in any given year may beaccumulated to a maximum of three (3) days.

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(b) Personal Leave days shall be prorated in accordance with the date of hire.

1 7 . 0 5 C o u r t A p p e a r a n c e s

(a) Leave with pay shall be granted for an Employee:

(i) To serve on a jury in a court of law or answer any summonsrelated thereto.

(ii) To answer a subpoena or summons to attend as a witness arisingas a result of the Employee's employment with the Employer inany proceeding authorized by a court of law.

(iii) Notwithstanding the above, such leave shall not apply in caseswhere the Employee is appearing as the defendant.

(b) Clause 12.05(a) (ii) does not apply when an Employee or the Union istaking action against the Employer.

(c) Any fees received by the Employee shall be turned over to the Employer.

17.06 Fami ly Medica l Leave

(a) Subject to the prior approval of the principal, an Employee shall begranted up to one (1) day leave of absence with pay per year for thepurpose of obtaining necessary medical or dental treatment not availablelocally for members of their immediate family provided the assistance ofthe Employee is required. Immediate family shall be defined as theEmployee's parents, spouse, sons, or daughters.

(b) An Employee who requires time off for the purpose of attending medical,dental or such appointment shall be granted time off with pay andbenefits in accordance with Article 19.01, under Sick Leave. AnEmployee may be required to provide proof of attending suchappointment.

(c) Such leave must be taken during the year in which it is earned.

1 7 . 0 7 C h i l d M e d i c a l L e a v e

Employees shall be entitled to four (4) days per year of paid leave for thepurpose of unexpected medical care for the Employee's children.

1 7 . 0 8 P a t e r n i t y L e a v e

Employees shall have one (1) day of paternity leave with pay. This day shall bethe day of the birth, or either the day before, or the day after the birth of theirc h i l d .

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1 7 . 0 9 E d u c a t i o n L e a v e

(a) The Parties agree that Employees may be eligible for Educational Leaveduring the term of the current Collective Agreement as follows:

(i) Employees may apply in writing to the Employer for leavewithout pay or benefits for up to one (1) year for the purpose ofcontinuing their education. The application shall include the dateof commencement, the date of return, and the purpose of theleave. Application shall be made at least ninety (90) days prior tot h e c o m m e n c e m e n t o f l e a v e .

(ii) Education leave shall be granted in accordance with the needs ofthe Division, and at the discretion of the Superintendent,

(iii) Upon return from such specified leave, the Employee shall bereturned to their former position or shall be placed in acomparable position.

1 7 . 1 0 P o l i t i c a l L e a v e

(a) The Employer recognizes the right of an Employee to participate in publicaffairs. Therefore, upon written request, the Employer shall allow leaveof absence without pay so that an Employee may be a candidate infederal, provincial or municipal elections.

(b) Employees who are elected to public office shall be allowed leave ofabsence without pay for a maximum of two (2) terms.

1 7 . 1 1 O t h e r L e a v e s

Additional leave of absence may be granted by the Employer, with pay andbenefits, without pay but with benefits or without pay and benefits. Theapplications for such leave shall only be considered upon the written applicationof the Employee. The granting of such leave shall be at the sole discretion of theEmployer.

A R T I C L E 1 8

N A M E D H O L I D A Y S

18.01 (a) The following are considered named holidays:

N e w Y e a r ' s D a y L a b o u r D a yF a m i l y D a y T h a n k s g i v i n g D a yG o o d F r i d a y R e m e m b r a n c e D a y *E a s t e r M o n d a y C h r i s t m a s E v eV i c t o r i a D a y C h r i s t m a s D a yC a n a d a D a y B o x i n g D a yHeritage Day (August Civic)

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* If Remembrance Day falls on a non-school week day or Saturday or Simday,the Employee will not receive pay or a day off in lieu.

18.02 When a holiday falls on a day that would otherwise be a normal day off for anEmployee, the Employee, upon mutual agreement, shall receive an alternate dayoff or, in absence of mutual agreement, the Employee shall receive payment forsuch date at their Basic Rate of Pay.

18.03 An Employee shall not be eligible for a holiday or pay for a holiday when:

(a) The Employee is absent without the consent of the Employer on either thelast regular scheduled working day immediately preceding, or the firstregular scheduled working day following the holiday.

(b) A holiday falls within a period of paid leave (other than vacation), ornon-paid leave.

(c) In July and August, a non-custodial Employee does not work the daybefore and the day after the holiday.

18.04 When a holiday falls during a Custodian or Maintenance Personnel's annualvacation, the Employer may add the day to the vacation period, provide theEmployee with an alternate day off, or provide the Employee with a regular daysp a y .

A R T I C L E 1 9

S I C K L E A V E

19.01 (a) A Permanent Employee, during their first year of employment, shall beentitled to a sick leave credit at a rate of two (2) days per month for eachfull month worked. After the first year of employment, the Employeeshall be entitled to ninety (90) calendar days of sick leave.

(b) For the purpose of computing sick leave credits imder Article 19.01Clause (a), the following shall be counted:

( i ) days worked;

(ii) days on which the Employee is on vacation; and

(iii) days on which the Employee is on a leave of absence with payfrom the Employer at the Employee's Basic Rate of Pay.

19.02 Where a sick absence is for a period of three (3) consecutive days or less, beforeany sick leave payment is made, an Employee may be required by the Employerto provide a certificate signed by a medical doctor or doctor of dentistryindicating that the absence was necessitated by illness. If a note is beingrequired, the Employer shall notify the Employee.

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19.03 Before any sick leave payment is made, a certificate signed by a medical doctoror a doctor of dentistry indicating that the absence was necessitated by illness,shall be submitted by the Employee where the sick leave is for a period in excessof three (3) consecutive daysv

19.04 Sick leave credi ts shal l s tar t to accumulate f rom the firs t fu l l month worked andaccumulate for each subsequent full month worked. Sick days taken shall bededucted from an Employee's accumulated sick leave credits.

19.05 All sick leave credits of an Employee will terminate upon termination ofemployment.

19.06 Employees who are reporting sick shall do so to their immediate supervisor ordesignate prior to the commencement of their normal work period in order that areplacement may be arranged for or the work reassigned.

19.07 Notwithstanding any provision in this Agreement, after ninety (90) calendardays of absence due to medical disability the Employee shall apply for extendeddisability benefits. An Employee accepted by the insurance carrier to be onextended disability shall be considered to be on leave of absence without pay andbenefits for a period of up to two (2) years. If an Employee is not accepted by theinsurance carrier to be on extended disability the Employee may request leavefrom the Board pursuant to Article 17.11.

A R T I C L E 2 0

H E A L T H A N D I N S U R A N C E B E N E F I T S

20.01 The Employer shall contribute toward premiums for the following AlbertaSchool Employee Benefit Plan [ASEBP] insurance and health plans calculated onthe basis of:

(a) Where an Employee works more than twenty-five (25) hours per weekthe Employer shall pay one hundred percent (100%) of the insurancepremiums cost for the following plans:

(i) Group Life Insurance Plan;

(ii) Dental Insurance Plan;

(iii) Extended Health Care Benefits Plan;

(iv) Alberta Health Care Insurance;

(v) Vision Care Plan;

(vi) Extended Disability Insurance Plan.

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(b) Where an Employee works more than fifteen (15) hours per week up toand including nineteen (19) hours per week, the Employer shall pay fiftypercent (50%) of the insurance premiums cost. Where an Employee workstwenty (20) hours per week up to and including twenty-five (25) hoursper week, the Employer shall pay seventy-five percent (75%) of theinsurance premiums cost.

20.02 (a) Provided that Employees receive a letter from the principal prior to May31st of the current year stating that they are expected to return to workfor the next school year, the Employer shall continue to pay insurancepremiums during July and August.

(b) Those Employees who are not assured of a position in writing by May31st of the current year, for the subsequent school year, benefits shallterminate on June 30"'.

20.03 All aspects of the insurance and health plans shall be subject to and governed bythe terms and conditions of the policies or contracts entered into with theunderwriters of the plans.

20.04 A married couple employed by the Employer shall enroll in those eligible planson a family basis only.

20.05 A benefit plan coverage will commence in the second month of employment.

20.06 Participation in the Group Life and Extended Disability Plans is a condition ofemployment for eligible Employees.

20.07 An Employee working fifteen (15) hours or less per week is not eligible to enrollin the insurance plans.

20.08 Payments made towards benefit plans by the Employer shall permit it to retainand not pass on any rebates of premiums otherwise required by the insurancecarrier or Employment Insurance.

20.09 (a) Provided the master policies of the insurance carrier allows, an Employeeon an approved extended absence without pay and benefits from theEmployer under any provision in this agreement may have the ability tomaintain the insurance benefit coverage provided the Employee agrees topay one hundred percent (100%) of the cost of the premiunis. This shallbe arranged at the initiative of the Employee and by either pre-paying thepremiums at the time the leave commences or by providing the Employerwith monthly post dated cheques. At any point where payment is notforthcoming from the Employee the Employer shall forthwith remove theEmployee from benefit coverage.

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(b) For the purposes of Article 20, a committee of two (2) trustees, two (2)teachers, two (2) AUPE representatives as voting members and an agentof the Board and an agent of AUPE (as non-voting members) isempowered to make recommendations to substitute a new carrier for theinsurance plans, provided that an equivalent level of insurance andbenefits is maintained. A quorum for this committee shall consist of all six(6) voting members. All motions shall require one hundred percent(100%) unanimity before recommendations are made to the Board forapproval.

(c) An Employee whose entitlement has terminated shall have sixty (60) daysfollowing their termination to submit a claim for eligible expendituresincurred prior to termination.

20.10 Health Spending Account (HSA):

(a) An annual Health Spending Account (HSA) will be set up for all AUPEEmployees. Effective September 1,2016, the annual HSA amount for eachFull-Time Permanent Employee will be nine hundred and fifty dollars($950.00) deposited into the accoimt in accordance with the guidelines,procedures and the Employer's option as outlined in the ASEBP.

(b) This HSA shall be provided to eligible Permanent Part-Time Employeeson a pro-rated basis (minimum of fifty percent (50%)) based upon theannualized regular hours of work as of September 1®*.

(c) Employees who in the course of the school year are hired or transferredinto a new position which is eligible for the HSA shall be:

(i) entitled to a HSA on a pro-rated basis on the number of fullmonths remaining in the school year from the date the benefiteligible position was attained; and

(ii) eligible to use their HSA for the eligible expenditures incurred onor after the eligibility date for health and dental benefits underAr t i c l e 20 .

(d) (i) Any unused allocation in an Employee's HSA as of August 31each calendar year may be carried forward for a maximum of one(1) Calendar year.

(ii) An Employee whose entitlement has terminated shall have sixty(60) days following her termination to submit a claim for eligibleexpenditures incurred prior to termination.

(e) The HSA shall be implemented and administered in accordance with theIncome Tax Act and applicable regulations.

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A R T I C L E 2 1

S E N I O R I T Y

21.01 Seniority shall be restricted to each Ward.

(a) An Employee's "Seniority Date" shall be defined as the length ofcontinuous service as a Permanent Full-Time and/or Part-Time Employeewith the Employer, including all periods of approved leaves,commencing from the last date of hire in the Employee's Ward. Seniorityshall be transferred with an Employee upon appointment to a position int h e s a m e Wa r d .

21 .02 The Employer shall maintain one (1) seniority list by Ward.

21.03 (a) The Employer shall provide electronically, to all AUPE Employees (byWard) an updated seniority list by the end of February and October eachyear. The Union shall have one (1) month to raise issues with regard tothe list, thereafter the list will be deemed to be correct.

(b) The lists by Ward shall be by Seniority Date and shall contain the name ofthe school, the Employee's name, the Employee's classification, ands t a t u s .

21 .04 An Employee shall lose all Seniority and shall be deemed to have terminatedemployment with the Employer if the Employee:

(a) resigns or retires; or.

(b) is discharged for cause and not reinstated; or.

(c) overstays a leave of absence without written permission unless a reasonsatisfactory to the Employer is provided; or.

(d) fails to reply to a recall notice within five (5) days pursuant to Clause22.04 (Layoff and Recall), unless a reason satisfactory to the Employer isprovided; or.

(e) is absent for three (3) consecutive days without notifying the Employer,the Employee shall be considered to have resigned unless a reasonsatisfactory to the Employer is provided; or.

( 0 is laid off in excess of twelve (12) months.

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A R T I C L E 2 2

L A Y O F F A N D R E C A L L

22.01 The Parties recognize the value of a discussion, prior to laying off Employees inthe Bargaining Unit. The purpose is to discuss the relevant factors related to thelayoff. The Employer will provide a current seniority list to the Union upon alayoff.

22.02 (a) Except in the case of an imforeseen or emergent circumstance, theSuperintendent or designate will notify a Permanent Full-Time orPermanent Part-Time Employee who is to be laid off thirty (30) calendardays prior to the date the layoff is to occur.

(b) In the event that a layoff is necessitated by an unforeseen or emergentcircumstance, the required notice shall be waived and the Employee shallreceive one (1) days' pay for each work day the notice period is short ofthe required notice.

(c) Temporary and Casual Employees shall be terminated before any regularEmployee is laid off.

22.03 In determining the order of layoff all Permanent Full-Time and Permanent Part-Time Employees shall be laid off by classification, in each Ward, in the reverseorder of seniority, provided the remaining Employees, in the opinion of theEmployer, have the qualifications and ability to perform the work available.

22.04 When work becomes available. Employees on layoff shall be recalled by Wardand by classification in the order of seniority provided, in the opinion of theEmployer they have the qualifications and ability to do the work available.

22.05 Employees shall be provided with a written notice of recall.

22.06 The laid off Employee shall keep the Employer informed, in writing of anychange of address.

2 2 . 0 7 I n t h e e v e n t o f a N o t i c e o f R e c a l l :

(a) A laid off Employee who receives a Notice of Recall shall advise theEmployer, in writing, if intending to return to work. The Employer mustreceive this within five (5) calendar days after the delivery of the Notice.The Employee shall be available to work within ten (10) calendar daysafter the delivery of the Notice of Recall.

(b) An Employee who fails to respond to the Notice of Recall, as detailedabove, or who refuses recall for reasons the Employer determines to beunsatisfactory, shall be deemed to have resigned from the Employer.

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(c) Provided the Employee has declined a recall notice to return to work asprovided above, the right of recall shall extend for a period of twelve (12)months from the date of layoff. Upon the expiration of the right to recall(after 12 months) the Employee's employment relationship with theLiving Waters Catholic Regional Division No. 42 will be terminated.

A R T I C L E 2 3

W A G E S A N D P R E M I U M S

23.01 Employees shall be paid in accordance with the job classifications and wage ratesoutlined in Salary Schedule "K" - Grids.

23.02 Normally, a new Employee shall be hired at step one (1) in the hourly wageschedule, however, at the sole discretion of the Employer, with consideration forprevious experience and market demands, a new Employee may be hired at ahigher wage level.

23.03 (a) All incremental increases within a pay range for a classification will begranted on the anniversary date of placement in the classification.

(b) Permanent Full-Time Employees advance one (1) step on the grid in eachy e a r .

(c) Permanent Part-Time Employees will advance one (1) step after two (2)full calendar years.

(d) When the Employer initiates the transfer of an Employee to aclassification with a higher Rate of Pay, they shall be advanced to the startrate of such higher classification, except where the start rate is lower thanthe Employee's existing Basic Rate of Pay. In this case, they shall beadvanced to the next higher increment for the higher classification thatprovides for, at least, a three percent (3%) increase in salary.

(e) When the Employer initiates the transfer of an Employee to aclassification with a lower Basic Rate of Pay the Employee shall not beeligible for further pay increases until the rate of Basic Pay surpasses theEmployee's current Basic Rate of Pay (i.e. red-circled/grandfathered).

23.04 All Employees will be required to submit a bi-weekly timesheet and staff absenceform directly to their School Financial Assistant.

The School Financial Assistant wi l l forward the t imesheet information to theLiving Waters Payroll Department no later than the last day of the pay period.The Payroll Department will process the submitted information andelectronically deposit Employee salary payments.

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Bi-weekly, every two (2) weeks, salary payments will take place in accordancewith pay periods determined, scheduled, and outlined by the Living WatersPayroll Department.

A R T I C L E 2 4

C L A S S I F I C A T I O N S

24.01 Where a new classification is established and filled within the bargaining imitduring the term of this Agreement, the Employer shall notify the Union andprovide the schedule of wages deemed appropriate for the classification.

If the Union fails to object in writing within thirty (30) calendar days of receipt ofthe notice from the Employer, the salary structure shall be considered asimplemented.

If the Union objects to the salary structure established by the Employer andthrough negotiations, both parties agree to revise the salary structure, the revisedsalary structure shall be retroactive to the date the new classification wase s t a b l i s h e d .

Failing resolution of the matter by negotiation within a further thirty (30)calendar days of the receipt of the notice from the Employer, it may be referredto arbitration as herein provided.

24.02 All requests for reclassification of existing positions or the classification of newpositions shall be submitted in writing to the Employer.

The Superintendent or designate, in consultation with the Employee concerned,the Principal, and such other person(s) as they deem appropriate, shall conductand conclude a position evaluation within thirty (30) days of receipt of thewritten request.

At the conclusion of the position evaluation study, the Employee shall receive awritten copy of the report and have the opportunity to comment on it.

24.03 An Employee who feels that their position has been incorrectly or unjustlyclassified by the Designate appointed by the Superintendent may appeal theclassification to the Superintendent and ultimately to the Board of Trustees. Thedecision shall be given within thirty (30) days of receipt of the request forr e c l a s s i fi c a t i o n .

24.04 When a new position is formed or where the duties of any classification aresignificantly altered during the term of this Agreement, the rate of pay shall besubject to agreement between the Employer and the Union. Should the two (2)parties fail to reach agreement on the rate of pay, the Grievance Procedure shallapply.

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A R T I C L E 2 5

R R S P C O N T R I B L f T I O N S

25.01 The Employer and Employee shall contribute to the Registered RetirementSavings Plan for all Permanent Full-Time and Permanent Part-Time Employeescovered by this Collective Agreement subject to the following:

(a) Employee participation is mandatory.

(b) Participating Employees shall maintain an RRSP account to which payrolldeductions are to be deposited on the regular pay day of each pay periodfollowing enrollment.

(c) For each participating Employee, the Employer shall contribute fivepercent (5%) of the Employee's gross pay period salary to theirdesignated RRSP account.

The Employer shall deduct at source the Employee's contribution of theamount as per instructions from the Employee. The minimum payperiod contribution shall be twelve dollars ($12.00).

(d) Payroll deduction changes shall be permitted effective twice yearly(September 1®' and February 1®* each year).

(e) New Employees shall be eligible for participation upon the completion ofthe probationary period.

(f) The Employer contributions shall be made to the Employee's RRSPaccount. Calculations shall be based upon the Employee's income forthat pay period.

(g) The RRSP benefit shall be registered with the Investors Group.

(h) The Employer contribution shall be included as a taxable benefit to theEmployee on the annual T4 document.

A R T I C L E 2 6

L A B O U R M A N A G E M E N T C O M M I T T E E

26.01 The parties agree to establish a Joint Labour Management Committee comprisedof the Chair of the Chapter and one (1) additional Employee elected by themembership; and the Superintendent and one (1) other representative from theEmployer.

26.02 The Committee shall meet at mutually agreeable times, date and location uponrequest by the other party.

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26.03 The Committee shall normally meet during normal working hours at dates andtime mutually agreed. The Union representative shall be entitled to leave withpay for the meeting including travel time. The parties shall be responsible forany expenses incurred by their representatives.

26.04 The Committee shall meet and discuss concerns related to working terms andconditions and any other matters related to employment not covered within theCollective Agreement.

26.05 The purpose of the Committee is to be advisory and consultative.

A R T I C L E 2 7

T R A V E L A N D T R A N S P O R T A T I O N

27.01 (a) When an Employee is assigned duties necessitating the use of theirpersonal vehicle/private automobile for division business, for travel andtransportation of students, materials or equipment, they shall bereimbursed at the Employer approved rate. Mileage shall be paid bydirect deposit every month.

(b) Employees not designated by the Superintendent under this allowanceprovision shall not be required to use their personal vehicles to transportstudents, division tools, equipment and material for the purpose ofd i v i s i o n b u s i n e s s .

A R T I C L E 2 8

T R A I N I N G A N D P R O F E S S I O N A L D E V E L O P M E N T

28.01 The Employer and the Union recognize the value of training and professionaldevelopment. The Employer will continue to support training and professionaldevelopment for Employees as determined necessary by the Employer.

2 8 . 0 2 C e r t i fi c a t i o n s

(a) The Employer shall pay the full amount of the annual renewal fee for thebuilding operator certificates of competence or recognized equivalents, asa condition of employment, for each Employee upon submission to theEmployer.

(b) Employees required to obtain and maintain a Class 4 driver's license shallbe reimbursed by the Employer for any fees incurred, including but notlimited to medicals, road tests, and additional insurance.

(c) Employees required to obtain and maintain a Standard First Aid, Level"C " CPR shall be reimbursed by the Employer for any fees incurred.

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A R T I C L E 2 9

P R O T E C T I V E A P P A R E L A N D F O O T W E A R

Permanent Full-Time Maintenance Personnel and Custodians, who are requiredto wear safety footwear, upon proof of purchase, shall be reimbursed an amountup to two hundred and fifty dollars ($250.00) every two (2) years for the cost ofone (1) pair of CSA approved safety footwear.

A R T I C L E 3 0

O C C U P A T I O N A L H E A L T H A N D S A F E T Y

The Employer agrees to abide by the terms of the Occupational Health and SafetyA c t .

(a) An Occupational Health and Safety Committee shall be composed ofrepresentatives of the Employer and representatives of the Union andmay include others representing recognized functional bargaining units.The Chapter shall nominate and elect three (3) representatives on theCommittee who shall be paid the Basic Rate of Pay for time spent inattendance at a meeting of this Committee.

(b) The Committee shall meet at the request of the Chairperson of theCommittee or upon written request of at least four (4) Committeerepresentatives.

A R T I C L E 3 1

D U R A T I O N / T E R M O F A G R E E M E N T

This Agreement shall be in full force and effective from September 1, 2016 untilAugust 31, 2020. All changes made will be in effect on the first (1®') day of themonth following ratification by the parties of the Mediator's RecommendedTerms of Settlement except for wages, compensation and Article 1.02 referring todays of work. Article 15 - Hours of Work and Article 16 - Overtime which willbe effective the first full pay period on or after November 1,2018.

Either party may give to the other, not less than sixty (60) calendar days normore than one hundred and twenty (120) calendar days prior to the terminationof this agreement, a notice in writing of its intention to commence collectivebargaining. Collective bargaining shall be conducted in accordance with theprovision of the Labour Relations Code.

In the event that any law passed by the Government of Alberta or Canadarenders null and void any provision of this Agreement, the remaining provisionsshall remain in effect for the term of the Agreement.

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The parties may during the term of the Agreement, by mutual agreement, amendprovision to this Agreement. Any agreed changes shall be in writing.

31.04 Any notice required to be given shall be deemed to have been sufficiently servedif personally delivered or mailed in a prepaid registered envelope addressed:

In the case of the Employer to:

Superintendent of SchoolsLiving Waters Catholic Regional Division No. 42B o x 1 9 4 9

4204 Kepler StreetWhitecourt, AB T7S 1P6

In the case of the Union to:

T h e P r e s i d e n tAlberta Union of Provincial Employees1 0 4 5 1 - 1 7 0 S t r e e t N WEdmonton, AB T5P4S7

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S A L A R Y S C H E D U L E " A " - G R T O S

C L A S S I F I C A T I O N

F I N A N C I A L A S S I S T A N TS E C R E T A R YC L E R K - T Y P I S TT E A C H E R A S S I S T A N TL I B R A R Y C L E R KC U S T O D I A NM A I N T E N A N C E P E R S O N N E L

*Step 11 shall be paid to those Employees with more than ten (10) years PTE.

All Casual Employees will be paid at the lowest applicable grid (clerk-typist) hourly rate exceptCasual custodians who will be paid at the lowest applicable custodial hourly rate. AllTemporary and Casual Employees shall be paid vacation pay at the rate of four percent (4%).

G E N E R A L W A G E I N C R E A S E S

The above rates of pay shall be increased based upon the following general increase to allc l a s s i fi c a t i o n s :

Effective the first full pay period One percent (1%) has been applied to all rates of pay (asfollowing ratification by the parties referenced in Salary Schedule "A" above)

Effective September 1.2019 One percent (1%) has been applied to all rates of pay (asreferenced in Salary Schedule "A" above)

Effective February 1.2020 Zero point five percent (0.5%) has been applied to allrates of pay (as referenced in Salary Schedule "A" above)

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EM WITNESS WHEREOF, the Employer and members of AUPE (Alberta Union of ProvincialEmployees), Local 071, Chapter 012 have caused these presents to be executed by their dulyauthorized representatives on the U day of , 2019.

" V :

For the Board of Trustees

Living Waters Catholic Regional Division No. 42

O n b e h a l f o f A U P EAlberta Union of Provincial Employees

m r -A I I , ID a t e

D a t e

3 4

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L E T T E R O F A G R E E M E N T

B E T W E E N

THE ALBERTA UNION OF PROVINICAL EMPLOYEES (AUPE)

A F F E C T I N G L O C A L 0 7 1 C H A P T E R 0 1 2

A N D

L I V I N G W A T E R S C A T H O L I C S C H O O L D I V I S O N N O . 4 2

C l a s s i fi c a t i o n

School-Based Technology Clerk

The parties agree that this newly created Letter of Agreement will be effective September 4,2 0 1 8 .

The Board of Living Waters Catholic School Division No. 42 is exploring, on a fixed-term trialbasis for 2018-2019 year, an additional classification of work. This position and the work hastraditionally been that of Lead Teachers and Contractors are still carried out by these methodsin a number of our sites. It is understood that at the end of this trial period (June 28, 2019) theexisting Employees fixed-term employment will end, and the Employer may choose todiscontinue this position and re-assign the work. Tlie following is intended to provide guidanceon the classification, hours of work, and salary level for Employees in the above referencedposition.

1. Normal hours of work in a full day shall be seven (7) hours or thirty (35) hoursper week averaged over the school year, however, this is not to be interpreted asa guarantee of hours and does not constitute the maximum hours an Employeemay be required to work in a day.

2. The following outlines the pay-grades for level of the above mentionedc l a s s i fi c a t i o n :

L e v e l 1 2 3 4 5 1 1 +

C u r r e n t 2 0 . 4 3 2 1 . 9 3 2 3 . 2 3 2 4 . 6 1 25 .96 2 6 . 7 7

Effective October 16,2018 2 0 . 6 3 2 2 . 1 5 2 3 . 4 6 24 .86 2 6 . 2 2 2 7 . 0 4

< r

Living Waters Catholic School Division No. 42 Dat<:MCLi ] I .

Alberta Union of Provincial Employees D a t e

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L E T T E R O F A G R E E M E N T

B E T W E E N

THE ALBERTA UNION OF PROVINICAL EMPLOYEES (AUPE)

A F F E C T I N G L O C A L 0 7 1 C H A P T E R 0 1 2

A N D

L I V I N G W AT E R S C AT H O L I C S C H O O L D I V I S O N N O . 4 2

C l a s s i fi c a t i o n

Nutrition Program Lead

The parties agree that this newly created Letter of Agreement will be effective September 4,2 0 1 8 .

The Board of Living Waters Catholic School Division No. 42 has decided to test, on a fixed-termtrial basis, the above referenced new test position of Nutrition Program Lead. It is understoodand agreed that at the end of this trial period (June 28, 2019) the existing Employees fixed-termemployment will end and the Employer may choose to discontinue this position. The followingis intended to provide guidance on the classification, hours of work, and salary level forEmployees in the above referenced position.

1. Normal hours of work in a full day shall be three (3) hours or fifteen (15) hoursper week averaged over the school year, however, this is not to be interpreted asa guarantee of hours and does not constitute the maximum hours an Employeemay be required to work in a day.

2. The following outlines the pay-grades for level of the above mentionedc l a s s i fi c a t i o n :

L e v e l 1 2 3 4 5 1 1 +

C u r r e n t 2 0 . 4 2 2 1 . 2 1 2 1 . 9 9 22 .81 2 3 . 6 7 2 4 . 4 0

Effective October 16,2018 2 0 . 6 2 2 1 . 4 2 2 2 . 2 1 2 3 . 0 4 23 .91 2 4 . 6 4

Living Waters Catholic School Division No. 42 Date'

^ L ^Alberta Union of Provincial Employees Date ^

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L E T T E R O F A G R E E M E N T

B E T W E E N

THE ALBERTA UNION OF FROVINICAL EMPLOYEES (AUPE)

A F F E C T I N G L O C A L 0 7 1 C H A P T E R 0 1 2

A N D

L I V I N G W AT E R S C AT H O L I C S C H O O L D I V I S O N N O . 4 2

C l a s s i fi c a t i o n

Career and Community Connections Coach

The parties agree that this newly created Letter of Agreement will be effective September 4,2 0 1 8 .

The Board of Living Waters Catholic School Division No. 42 is exploring, on a fixed-term trialbasis for 2018-2019 year, an additional classification of work. It is understood that at the end ofthis trial period (June 27,2019) the existing Employees fixed-term employment will end, and theEmployer may choose to discontinue this position and re-assign the work. The following isintended to provide guidance on the classification, hours of work, and salary level forEmployees in the above referenced position.

1. Normal hours of work in a full day shall be six (6) hours or thirty (30) hours perweek averaged over the school year, however, this is not to be interpreted as aguarantee of hours and does not constitute the maximum hours an Employeemay be required to work in a day.

The following outlines the pay-grades for level of the above mentionedc l a s s i fi c a t i o n :

L e v e l 1 2 3 4 5 1 1 +

C u r r e n t 2 0 . 4 2 2 1 . 2 1 21 .99 22.81 2 3 . 6 7 2 4 . 4 0

Effective October 16, 2018 20.62 2 1 . 4 2 2 2 . 2 1 2 3 . 0 4 23 .91 24 .64

Living Waters Catholic School Division No. 42 Date

s —Alberta Union of Provincial Employees

C 2 ^ / 9D a t e ^

3 7

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L E T T E R O F A G R E E M E N T

B E T W E E N

THE ALBERTA UNION OF PROVINICAL EMPLOYEES (AUPE)

A F F E C T I N G L O C A L 0 7 1 C H A P T E R 0 1 2

A N D

L I V I N G W A T E R S C A T H O L I C S C H O O L D I V I S O N N O . 4 2

C l a s s i fi c a t i o n

Classroom Supervisor

The parties agree that this newly created Letter of Agreement will be effective January 1,2019.

The Board of Living Waters Catholic School Division No. 42 has determined that an additionalclassification of work is required to meet the needs of the organization. The following isintended to provide guidance on the classification, hours of work, and salary level forEmployees in the mentioned above:

1. Classroom Supervisors normal hours of work shall be eight (8) paid hours perfull day and four (4) paid hours per half day.

2. Classroom Supervisors shall be hired on a casual or temporary basis when acer t i fied t eache r i s imava i l ab le .

3. There are three (3) types of Classroom Supervisors who will be called on in orderof "Category".

4. Classroom Supervisors shall be categorized according to their training as perb e l o w :

Category A - Degree other than Education. Individuals must hold a minimumof a Bachelor Degree from a recognized university.

Category B - Post Secondary Diplomas, Certificates or individuals who havecompleted at least one (1) year in a recognized education program from arecognized college or post-secondary institution. To be used when Category Areplacement classroom supervisors are imavailable.

Category C - High School Education. To be used when Category A or CategoryB replacement classroom supervisors are imavailable. Individuals must hold anAcademic High School Diploma, be recommended by a school or Districtadministrator and can only be used in ECS to Grade 9 classrooms.

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5. The following outlines the pay-grades for each level of the above mentionedc l a s s i fi c a t i o n :

Category A B C

Full Day Rate $178.20 $156.48 $134.75

Half Day Rate $89.10 $78.24 $67.88

rV'/]Living Waters Catholic School Division No. 42 Date

11 . ^ 1 ' = )

r -

Alberta Union of Provincial Employees D a t e ^

3 9

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L E T T E R O F A G R E E M E N T

B E T W E E N

THE ALBERTA UNION OF PROVINICAL EMPLOYEES (AUPE)

A F F E C T I N G L O C A L 0 7 1 C H A P T E R 0 1 2

A N D

L I V I N G W A T E R S C A T H O L I C S C H O O L D I V I S O N N O . 4 2

Employment of Students

The parties agree that students hired in accordance with the provisions contained herein shallbe included in the scope of the bargaining unit and shall be covered by the CollectiveAgreement.

The following is intended to provide guidance on defining the classification, hours of work andsalary level for employees as referred to above.

1. Students shall be employed as casual employees.

2. Students shall be enrolled in high school or any post-secondary learning institution orany vocational learning institution.

3. Any student employed under this agreement shall be paid and compensated at thegeneral Casual rate of pay as outlined in the Collective Agreement (Step 1-Clerk Typist).

4. Normal hours of work in a full day shift shall be eight (8) hours or forty (40) hours perweek, however, this is not to be interpreted as a guarantee of hours and does notconstitute the minimum or maximum hours an Employee may be required to work in aday.

5. Students employed to perform work over the course of the summer months, shall have astart date no earlier than April 15 and a termination date not later than the followingSeptember 30.

6. The parties agree that this newly created Letter of Agreement will be effective February15,2019.

Living Waters Catholic School Division No. 42 Date

Alberta Union of Provincial Employees D a t e

4 0

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S U P P O R T S T A F F S A L A R Y S C H E D U L E " K " - G R I D S

September 1,2016C L A S S I F I C A T I O N

F I N A N C I A L A S S I S T A N T

S E C R E T A R Y

C L E R K - T Y P I S T

T E A C H E R A S S I S T A N T

L I B R A R Y C L E R K

C U S T O D I A N

M A I N T E N A N C E P E R S O N N E L 3 0 . 6 5

Effective the first full pay period following October 16,2018 (1% increase)C L A S S I F I C A T I O N

F I N A N C I A L A S S I S T A N T

S E C R E T A R Y

C L E R K - T Y P I S T

T E A C H E R A S S I S T A N T

L I B R A R Y C L E R K

C U S T O D I A N

M A I N T E N A N C E P E R S O N N E L

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S U P P O R T S T A F F S A L A R Y S C H E D U L E " K " - G R I D SEffective September 1,2019 (1% increase)

C L A S S m C A T I O N

C L E R K - T Y P I S T 1 8 . 5 6 1 9 . 9 6 2 L 3 3 2 Z 6 6 2 4 . 1 2 2 4 . 8 3

T E A C H E R A S S I S T A N T 2 0 . 8 3 2 1 . 6 4 2 2 . 4 3 2 3 . 2 7 2 4 . 1 5 2 4 . 8 9

L I B R A R Y C L E R K 2 0 . 8 3 2 1 . 6 4 2 2 . 4 3 2 3 . 2 7 2 4 . 1 5 2 4 . 8 9

C U S T O D I A N 1 7 . 5 2 1 8 . 5 3 1 9 . 4 6 2 0 . 4 6 2 1 . 4 8 2 2 . 1 2

M A I N T E N A N C E P E R S O N N E L 2 3 . 1 3 2 4 . 9 4 2 6 . 7 5 2 8 . 5 2 3 0 . 3 6 3 1 . 2 7

Effective February 1,2020 (0.5% increase)

F I N A N C I A L A S S I S T A N T 2 0 . 9 4 2 2 . 4 8 2 3 . 8 2 2 5 . 2 3 2 6 . 6 1 2 7 . 4 4

S E C R E T A R Y 2 0 . 0 7 2 1 . 6 0 2 2 . 9 7 2 4 . 3 5 2 5 . 7 6 2 6 . 5 3

C L E R K - T Y P I S T 1 8 ^ 6 5 2 0 0 6 2 L 4 4 2 2 . 7 7 2 4 2 4 2 4 . 9 5T E A C H E R A S S I S T A N T 2 0 9 3 2 L 7 4 2 Z 5 4 2 0 3 8 2 4 2 7 2 5 . 0 1

L I B R A R Y C L E R K 2 0 . 9 3 2 1 . 7 4 2 2 . 5 4 2 3 . 3 8 2 4 . 2 7 2 5 . 0 1

C U S T O D I A N 1 7 . 6 0 1 8 . 6 2 1 9 . 5 6 2 0 . 5 6 2 1 . 5 7 2 2 . 2 3

M A I N T E N A N C E P E R S O N N E L 2 3 . 2 4 2 5 . 1 0 2 6 . 8 8 2 8 . 6 6 3 0 . 5 1 3 1 . 4 2

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LETTER OF AGREEMENT

BETWEEN

THE ALBERTA UNION OF PROVINICAL EMPLOYEES (AUPE)

AFFECTING LOCAL 071 CHAPTER 012

AND

LIVING WATERS CATHOLIC SEPARATE SCHOOL DIVISON

CLASSIFICATION

SCHOOL-BASED TECHNOLOGY CLERK

The parties agree that this Letter of Agreement will be effective September 1,2020.

An additional classification of work to meet the needs of the organization is hereby agreed to byboth parties. The following is intended to provide guidance on the classification^ hours of work,and salary level for employees in the above referenced position.

1. Normal hours of work in a full day shall be seven (7) hours or thirty-five (35) hours perweek averaged over the school year, however, this is not to be interpreted as a guaranteeof hours and does not constitute the maximxim hours an Employee may be required towork in a day.

2. The following outlines the pay- grades for level of the above mentioned classification:

Level 1 2 1 3 4 5 11*

20.94 22.48 23.82 25.23 26.61 27.44

On behalf of the Employer

On behalf of the Union

Date

May 14. 2020

Date

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