Assignable and Instructional Time: Joint Position with TEBA and the ATA’s Ongoing Position

Following the resumption of duties after strike action, the Alberta Teachers’ Association (ATA) and the Teachers’ Employer Bargaining Association (TEBA) continued their discussions on assignable and instructional time. Those discussions resulted in a joint position letter that reflects the full extent of what the parties were able to mutually agree upon.

This Worth Knowing article explains what the joint position confirms, what remains unresolved, and how the ATA will continue to support members when uncompensated time is added.

What the Joint Position with TEBA Confirms
The joint position letter clarifies how non-operational days (non-workdays) may be converted to operational days (workdays) after the strike. Specifically, the parties agreed that

• if a non-operational day (for example, a scheduled day off) is converted to an operational day—whether as an instructional day, a professional development day or another assignable day—additional compensation is required.
  
• protections apply to teachers who are unable to attend on that converted day, recognizing that the day was not originally scheduled as a workday.
  
• employers cannot simply redesignate non-workdays as workdays without pay or without regard to teacher availability.

This agreement provides important clarity and protection for teachers when calendar changes are being considered.

What the Parties Could Not Agree On
Despite extensive discussions, the ATA and TEBA were unable to reach an agreement on language that would reduce the maximum assignable time of 1,200 hours by the number of hours lost to strike action.

• The total time lost due to the strike was 96 hours (16 days × 6 hours per day).
  
• TEBA did not agree to language recognizing that these hours are permanently lost and cannot be unilaterally reinstated.

It is critical that members understand that the absence of agreement does not mean the matter is settled.

The ATA’s Position Remains Clear and Unchanged
As previously communicated in Worth Knowing 33-25 and Worth Knowing 36-25, the ATA’s position remains unchanged:

• Time lost to strike action is not recoverable.
  
• Work that was not performed because teachers exercised their right to strike cannot simply be added back later without compensation.
  
• The maximum of 1,200 assignable hours (inclusive of the maximum 916 instructional hours for full-time teachers, prorated for part-time teachers) is not a mechanism for employers to recoup strike time without cost.

If teachers collectively take labour action—and knowingly forgo salary to advance bargaining objectives—employers cannot later require that time to be made up at no cost. To allow that would fundamentally undermine collective bargaining and the right to strike.

From the ATA’s perspective, any additional time that did not previously exist—whether full days or additional minutes added to a timetable or school day—constitutes new work and must be compensated.
The ATA views attempts to reinsert strike-lost hours without compensation as unreasonable and, in many circumstances, an abuse of management rights.

For example, consider a strike in the manufacturing sector. If employees at an auto plant go on strike and thousands of vehicles are not produced, the employer cannot reasonably expect workers, upon their return, to assemble all of the vehicles that were not built during the strike—without additional compensation. Allowing that would remove one of the most important tools unions have: meaningful collective labour action.

The same principle applies in education.

What This Means for Members
Because TEBA did not agree to language addressing the reduction of assignable hours, some employers may attempt to add time back to schedules without compensation, including by

• extending instructional minutes,
  
• lengthening the regular school day or
  
• otherwise increasing assignable time beyond what previously existed.

Where this occurs without compensation, the ATA will address it case by case.

If you believe that uncompensated time is being added to your schedule in an attempt to recoup time lost to the strike

• contact Teacher Employment Services (TES) for advice and support.
  
• a duty officer will review the specific facts of your case.
  
• where appropriate, a grievance may be required if the employer is unwilling to concede to the ATA’s position.

Each case turns on its own details, but the ATA remains committed to defending members against uncompensated increases to assignable or instructional time.

WORTH SHARING
Teachers should understand that the joint position between the ATA and the Teachers’ Employer Bargaining Association confirms important protections when non-operational days are converted to workdays, including the requirement for additional pay and safeguards for teachers who cannot attend. However, there was no agreement to allow employers to simply reinsert time lost to the strike into teachers’ schedules without compensation.

The ATA remains clear that time lost to lawful strike action is lost and cannot be recovered—whether through extra days or additional minutes in the school day—without cost. Any attempt to do so undermines collective bargaining and the right to strike.

Teachers who believe that uncompensated time is being added to their schedules to recover strike-lost time are encouraged to contact Teacher Employment Services for advice and support at 1-800-232-7208.

Read the full Worth Knowing.
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