All teachers represented by the Alberta Teachers’ Association in public, separate and francophone schools are now covered by the same instructional and assignable time language. There is a maximum of 1,200 hours of assignable time, with 916 of those hours being the maximum instructional time. The difference between the instructional hour maximum and hours of instruction for students (950 hours for Kindergarten to Grade 9, and 1,000 hours for Grades 10–12) is unassigned time. During this time, teachers can do what they want (within reason)—such as preparing lessons, engaging in assessment or reading a book. It is their time and is not directed. If a teacher chooses to leave the school during this time, they must follow the school’s checkout procedures (for example, letting the office know) and must return in time for their next class. Because hours are calculated over the school year, a school division can address time pressures or overages at any point during that school year. Teachers may have more instructional or assigned time (such as supervision or parent–teacher meetings) in one semester or term than in another. However, their instructional time at year’s end must not exceed 916 hours, and the total assignable time (including total instructional time) must not exceed 1,200 hours. As long as those maximums are not exceeded, the employer has met its obligations in the collective agreement. The sooner a resolution is sought to handle an overage, the more options are available. Time is complex and finding a solution can be challenging. Teachers who project that they may go over the maximum time should have a conversation with their principal to review their time calculations. This underscores the importance of tracking one’s time. The Association and the Teachers’ Employer Bargaining Association (TEBA) have an understanding that teachers do not need to make up time away on an hour-for-hour basis. In other words, if a teacher is away from classroom duties on an approved leave or for a professional development day, they do not owe the employer those instructional hours. However, the teacher may be responsible for decisions made or work arising from those absences, which might require additional time for the teacher. For example, if a teacher is on sick leave and cannot attend parent–teacher interviews, the teacher is still responsible for reporting to parents. Some creativity on the part of the teacher may be needed to meet this expectation. At the heart of this understanding is that there is no capacity to remove time that has already been worked. Furthermore, the language in the collective agreement does not allow for compensation if a teacher exceeds the maximum hours. From the first inclusion of time protections, the Association has strongly encouraged school divisions to build a time cushion by not scheduling to the maximum, thus allowing schools to account for unforeseen factors, such as substitute teacher shortages. Due to the lack of substitute teachers, teachers may be required to undertake additional instructional time during their unassigned time. While the clock cannot be turned back to subtract hours worked, the clock can be stopped. School leaders may give this time back to teachers when a substitute teacher is available to cover their class. In this ad hoc situation, the teacher’s instructional clock stops. For example, during a teacher’s unassigned time on Monday, the principal asks the teacher to cover another teacher’s class because a substitute teacher is not available. When the teacher covers that class, their instructional time increases by the length of that block. On Thursday, the principal lets the teacher know that a substitute teacher is available to cover one of the teacher’s own instructional blocks. The teacher agrees to take the coverage. The teacher’s instructional clock has now stopped. While this does not erase the extra time the teacher worked earlier in the week, the covered block does not count in the teacher’s instructional time. To cover other teachers’ classes in their unassigned time, teachers must have the instructional time available. Everyone has time early in the school year, but as the year progresses, that flexibility decreases. Again, teachers must be aware of their time. WORTH SHARING While teachers’ time away on approved leaves is not owed, calculating instructional and assignable time is nuanced. Address questions about your time calculations with your principal. Extra time worked cannot be subtracted, but the clock can be stopped. If you need help calculating your time or interpreting clause language, contact Teacher Employment Services. #WEAREATA The collective agreement is intended to cover all members of a bargaining unit and provide them with provisions in an equitable fashion. In some cases, collective agreement provisions require some form of decision making and, potentially, need an arbiter to make the call on language. These clauses can have issues if they place members of the same bargaining unit in potential conflict with another member by limiting the entitlement from the collective agreement.
In a school environment, the most responsible person would be the school principal, as they oversee the school’s operation. In other work or unionized environments, those in positions of responsibility commonly make decisions on their employees’ working conditions, not just enabling the relevant provisions. That places those individuals in the “manager” position making it inconsistent with the collegial environment that should be fostered in Alberta schools. School leaders (including principals, vice-principals and assistant principals) are colleagues with their classroom teachers, not managers. While they play important roles in informing the decisions regarding the happenings in their school, having them in the final decider role places them in a difficult position and potentially in conflict with another bargaining unit member because of their role as agents of the division. A common area where this occurs is generally with leaves of absence. Inclement weather language is a specific example. It would not be uncommon to find language that speaks to “in the opinion of the teacher” or “after making reasonable efforts” used in this type of clause language that requires members to judge the situation. While some language allows full autonomy for the teacher to make the decision, others have language that places the final decision in someone else’s hands. While the language of the collective agreement will define who makes the decision on an entitlement, as previously stated, it should not traditionally have bargaining unit members making sole entitlement decisions for other members of the same bargaining unit. Even in situations where the language delegates authority, that delegation should not place school leaders in the role of manager and sole decider. The Association has an arbitration award from an Edmonton Public grievance relating to leave of absence deciders that reinforces that position. The proper role of a school-based leader should be as informing the decision rather than being the final arbiter of the entitlement. However, some agreements do have language that places the administrator in a more significant decision-making role than is ideal. There should be pushback where the language definitively states that the decider is the superintendent or other central office personnel, and they have arbitrarily designated that responsibility to an administrator. Should the language identify the “Superintendent or designate” as the decider and an administrator has been designated to be the final decider, then the Edmonton Public arbitration decision should be brought to the employer’s attention, and a resolution should be sought based on the award. Where the language specifically lists the administrator as the decider, we need to work with that language until it can be bargained out of the collective agreement. Regardless of who the decision maker is, they are acting as an agent of the division and need to make those decisions reasonably. The grievance-arbitration process is open to address any clause in the collective agreement where a breach is believed to have occurred, independent of who made the decision. WORTH SHARING Collective agreement language provides entitlements and provisions for teachers. Wherever possible, the employer should make decisions where the language requires it. School leaders should inform on the decision but should not be put in a position of final decider on entitlements for colleagues. Colleagues are not managers. Members with concerns should connect with Teacher Employment Services. #WEAREATA Last week, the Government of Alberta announced in the Throne Speech and subsequently introduced for first reading, Bill 5, the Public Sector Employers Amendment Act, 2023.
The bill was characterized as addressing transparency and accountability in public sector compensation, particularly focusing on non-unionized public sector employees. The bill does not affect teacher collective bargaining, centrally or at the local level, because teacher collective agreements are covered by separate legislation, the Public Education Collective Bargaining Act (PECBA) that is distinct from the Public Sector Employers Act. In fact, the bill will tend to make public sector bargaining in other sectors more closely resemble the process governing teacher bargaining in that public sector employers, including Alberta Health Services, Covenant Health, and certain public agencies like Alberta Gaming, Liquor and Cannabis Commission, will be required to formally provide their compensation proposals to Finance Minister for approval in advance of bargaining. This is already the case for other public sector entities and, indeed, for the Teacher Employer Bargaining Association. It is important to note that the legislation does not give the Minister control over the outcome of collective bargaining, only the capacity to more explicitly coordinate the position of the employer in the bargaining process. One promising aspect of the legislation is the provision in Bill 5 to repeal the Reform of Agencies, Boards and Commissions Compensation Act (RABCCA), which was initially focused on regulating executive salaries. RABCCA has had the effect of placing the Alberta Teachers Retirement Fund (ATRF) at a competitive disadvantage as it effectively placed arbitrary caps on the salaries of senior managers and specialists that were below market, making it difficult for ATRF to compete for talent with the private sector and even with public sector entities that were exempt from its application. Although the proposed legislation in its current form would not affect teachers in Alberta, the Association will continue to monitor the bill as it makes its way through the legislature and ensure you are advised of any developments of interest or concern. Critical illness insurance is not something you want to think about. But it is protection you want to have should you become critically ill and no longer able to work. Money is one of the last things you want to have to worry about if you are diagnosed with cancer or suffer a heart attack, but a serious illness can devastate your finances.
Optional critical illness insurance can help with your finances while you focus on your recovery. It is one of the most cost-effective things you will ever do to protect your savings. This type of insurance can give you a tax-free payment if you are diagnosed with a serious medical condition. Your contract will define which conditions are covered, but examples include cancer, heart attack and stroke. Many assume that the Alberta Health Care Insurance Plan or workplace benefit plans (such as the Alberta School Employee Benefit Plan [ASEBP]) will cover many of the additional medical costs associated with a life-altering illness. However, these plans might not cover all the extra costs that come with managing a critical illness, such as home care, travel and accommodations, lost work wages, childcare, gas and meals. Over time, these expenses can add up. Capital Estate Planning provides the Association’s Voluntary Benefits Program, a unique program built specifically for Alberta teachers and their families. This program includes critical illness insurance, group savings plans (RRSP, TFSA, RESP and RRIF), additional life insurance, and mortgage insurance. Until November 30, 2023, teachers can apply for up to $50,000 in guaranteed acceptance critical illness insurance for themselves and up to $10,000 for their children. No medical questions are asked, and acceptance is guaranteed, regardless of medical history. For more information, visit https://specialmarkets.ia.ca/applyata/home or call Capital Estate Planning at 780-463-6128 or 1-800-661-8755. WORTH SHARING A critical illness can devastate your finances. When you are sick, money is the last thing you want to consider. Critical illness insurance can help cover your costs. Visit https://specialmarkets.ia.ca/applyata/home or call Capital Estate Planning at 780-463-6128 or 1‑800-661-8755. #WEAREATA Effective September 1, 2022, Bill 85 amended the Education Act by adding a requirement to have updated criminal records and vulnerable sector checks. Section 2(7) of Bill 85 amended the Education Act by adding section 229.1, Criminal Record and Vulnerable Sector Checks. Bill 85 applies to those whose employment requires a certificate of qualification as a teacher, a leadership certificate or a superintendent leadership certificate. The legislation requires that the checks be completed by January 1, 2024 and must be updated every five years.
All school divisions must enforce the legislation and are required to ensure the results of those checks demonstrate that the teacher continues to be suitable for employment in their position. Failure to provide the necessary checks by the deadline imposed by the legislation, without some clear and demonstrable proof of the steps taken to obtain them, may result in a member encountering significant issues related to their employment relationship with their division. Teachers must comply with the legislation by providing the checks, even if their division has not offered a method or system to address the requirements. Teachers do not have to incur the cost of the five-year criminal record check. Many divisions have worked with local law enforcement detachments to provide opportunities for members to obtain the checks. However, teachers who cannot provide the checks due to loss of the documents or failure to pick up or download them by the issuing agency’s deadline or starting new employment will be responsible for the cost of the initial check or its reissuance. If you have a criminal conviction (or charge, subject to the terms of your employment contract) and failed to report this to your division, you should seek the advice of Teacher Employment Services (1-800-232-7208). In this situation, most members would benefit from proactively addressing the issue with their division rather than waiting until their updated criminal record and vulnerable sector check is submitted. WORTH SHARING The deadline of January 1, 2024, is fast approaching for compliance with the Education Act to provide updated criminal and vulnerable sector checks. Teachers need to provide the checks to their division by the deadline to avoid potential issues. Contact Teacher Employment Services for more assistance. #WEAREATA |
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Updates from ATA ProvincialArchives
April 2024
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