COLLECTIVE AGREEMENT

Transcription

1 Vancouver Talmud Torah COLLECTIVE AGREEMENT Sept. 1, 2001 Aug. 31, 2004 COLLECTIVE AGREEMENT BETWEEN THE VANCOUVER TALMUD TORAH ASSOCIATION AND VANCOUVER TALMUD TORAH TEACHERS ASSOCIATION September 1, 2001 August 31, 2004 Table of Contents - 1 -

2 Vancouver Talmud Torah COLLECTIVE AGREEMENT Sept. 1, 2001 Aug. 31, 2004 ARTICLE 1 DEFINITIONS... 3 ARTICLE 2 MANAGEMENT RIGHTS... 5 ARTICLE 3 RECOGNITION... 6 ARTICLE 4 INSTRUCTOR RESPONSIBILITIES... 6 ARTICLE 5 ASSOCIATION PRIVILEGES... 9 ARTICLE 6 ASSOCIATION MEMBERSHIP... 9 ARTICLE 7 JOINT COMMITTEE ARTICLE 8 STAFF/ADMINISTRATION COMMITTEE (SAC) ARTICLE 9 DISCIPLINE OF INSTRUCTORS ARTICLE 10 PROBATION ARTICLE 11 DISMISSAL OF A CONTINUING INSTRUCTOR ARTICLE 12 GRIEVANCE PROCEDURE ARTICLE 13 ARBITRATION ARTICLE 14 LEAVES OF ABSENCE ARTICLE 15 MATERNITY AND PARENTAL LEAVE ARTICLE 16 REMUNERATION AND BENEFITS ARTICLE 17 SALARY CLASSIFICATION OF INSTRUCTOR ARTICLE 18 EDUCATION COMMITTEE ARTICLE 19 WORKING CONDITIONS Regular Work Year Equivalent Hours Clause for Employment Insurance (EI) Purposes Statutory and Religious Holidays ARTICLE 20 LAYOFF AND RECALL ARTICLE 21 SENIORITY ARTICLE 22 INTERPRETATION ARTICLE 23 RESIGNATION AND BREACH OF CONTRACT ARTICLE 24 DURATION AND TERMINATION SCHEDULE A SALARY SCALE SCHEDULE A SALARY SCALE SCHEDULE A SALARY SCALE

3 THIS AGREEMENT is entered into the day of March, BETWEEN: AND: THE VANCOUVER TALMUD TORAH ASSOCIATION ( Employer ) VANCOUVER TALMUD TORAH TEACHERS ASSOCIATION a Union certified by the Labour Relations Board of British Columbia ("Association") WHEREAS the Employer operates a Jewish religious day school known as the Vancouver Talmud Torah School ( School ); AND WHEREAS the objectives of the Employer and the Association are to: (a) (b) (c) (d) co-operate in providing the highest quality of secular, religious and cultural education to the students of the School; promote and encourage the provision of educational programmes throughout the Jewish Community; bargain collectively in order to secure, reasonable and equitable working conditions, wages and hours of work for members of the Association; create a feeling of mutual confidence, respect and harmony between the Employer and the members of the Association. AND WHEREAS the Association and the Employer have entered into an Agreement effective on the 1st day of September, 2001 which will be in force until August 31, THEREFORE the Parties have agreed to the following. ARTICLE 1 DEFINITIONS 1.00 For the purposes of this Agreement, the following words shall have the following meaning whenever used in this Agreement "Administrator" means the Head of School (Principal), Vice-Principal(s), Head of Judaic Studies and Head of General Studies of the School collectively referred to as the "Administration" "Assessment" means a levy or charge upon members of the Association as determined by the Association "Board" means the Board of Directors of the Employer "Continuing Instructor" means an Instructor other than a Probationary Instructor, or a Temporary Instructor, or a Substitute Instructor

4 1.05 (a) "Day", insofar as it relates to teaching, means five hours and fifty-five minutes of teaching time in a six hour and fifty minute span in any day from Monday through Friday which span shall commence no earlier than 8:00 a.m. and end no later than 4:00 p.m. (b) Teaching Day is a day when students are in attendance. (c) Teaching Time, shall mean the time spent during the school day for instructional purposes including time spent in the classroom instructing students, homeroom, recess time, time for students to change classrooms, and preparation time. The Teaching Time in a week shall include the Teaching Time which would have occurred on any Statutory Holiday or Religious Holiday during that week. (d) Duty Day is a day when instructors are required to be in attendance, and is no longer than a teaching day "Education Committee" means the committee appointed by the Board pursuant to Article 18 of this Agreement Employer means the Vancouver Talmud Torah Association "Instructor" means an Instructor in the School employed by the Employer and excludes Administrators, all administrative personnel, Supervision Aides, Teacher's Aides and Substitute Instructors. A part-time Instructor is an Instructor who has an assignment which is less than that of a full-time Instructor "Joint Committee" is a committee formed pursuant to article 7, comprising two representatives of the Board and two representatives of the Association, who may be assisted by other persons as requested by any member of the Joint Committee "Staff/Advisory Committee (SAC)" is a committee formed pursuant to article 8 comprising representatives of the Administration and the Association, which shall meet for purposes of discussing matters of mutual interest "Membership Dues" means dues payable by an Instructor to the Association "Probationary Instructors" and "Probationary Terms" have the meanings ascribed to them in Article "Recognized College or University" means an institution of higher learning which grants degrees recognized by the British Columbia Ministry of Education or the Joint Committee "Recognized Hebrew/Judaic Teachers College, Seminary or Rabbinical Institute" means an institution of higher learning that grants degrees recognized by the Joint Committee "Scholarship Level" means documented and recognized education level attained in accordance with Article 17 of this Agreement "School" means the Vancouver Talmud Torah School

5 1.17 "School Year" means the period from September 1 to August 31 inclusive in any two consecutive years Substitute Instructor means an Instructor in the School employed by the Employer to substitute for an Instructor or to augment the teaching staff, and who may work full-time or part-time for up to ten continuous days in the same assignment "Supervision Aide" means a person hired by the Employer to perform non-teaching duties, including but not limited to, supervision of students during recesses, lunch, transition periods between classes, accompanying classes on field trips and other similar duties "Teacher's Aide" means a person, whether qualified as a teacher or not, to work under the supervision and guidance of a Instructor and/or Administrator or a specialist to perform such duties, including but not limited to library assistance, audio-visual assistance, equipment aide, drilling or reading with students, or preparing Instructor materials. Teacher s Aides will have no teaching, planning or diagnostic duties "Teaching Year" means the period between September 1 and June 30 inclusive in any two consecutive years "Temporary Instructor" means a Instructor hired by the Employer to meet a specific instructional need in the School in a School Year. Temporary Instructors will perform full teaching responsibilities on a part-time or full-time basis for a period not in excess of one school year. A person employed as a Substitute Instructor shall be a Temporary Instructor from the eleventh continuous day on the same assignment until the end of that assignment "Years of Experience" means years of teaching service in the School or elsewhere as recognized by the Joint Committee. ARTICLE 2 MANAGEMENT RIGHTS 2.00 It is recognized and acknowledged that the management and direction of the activities of the School are vested exclusively with the School Corporation through the Board and its Administrators. Without limiting the generality of the foregoing it is the function of the School Corporation to: (a) (b) (c) (d) (e) (f) (g) maintain order, discipline and efficiency and make, alter and enforce reasonable rules, regulations, policies and practices; select, hire, discipline, discharge, assign, reassign, transfer, evaluate, classify, promote Instructors, and provide for their in-service; establish, modify or eliminate job functions, job content, teaching assignments and hours, and job descriptions; determine the services and courses to be provided and to alter, eliminate, establish or change services, courses and objectives; determine the size and location of its schools, offices; make changes in methods, operations, organization, facilities, systems and equipment; determine the Schedule of hours of the school and the Instructors and to assign hours of work to Instructors within each schedule; provided the provisions of this Article are exercised consistently with the other provisions of this Agreement and are not used for the purpose of discrimination as defined in the Human Rights Code of BC

6 2.01 Article 2 shall not restrict, limit or nullify the rights and obligations specifically granted to the Association pursuant to this Agreement The Employer shall not contract out any functions of Instructors if, as a result, a Probationary or Continuing Instructor loses any hours of employment, or is laid off, or is not recalled The Employer shall not use volunteers in the school if, as a result, a Probationary or Continuing Instructor loses any hours of employment, or is laid off, or is not recalled. ARTICLE 3 RECOGNITION 3.00 The Employer recognizes the Association as the sole bargaining agency for the Instructors who are or may be covered by the Certificate of Bargaining Authority issued by the Labour Relations Board of British Columbia The Association shall have the right at any time to have the assistance of advisers when dealing or negotiating with the Employer. ARTICLE 4 INSTRUCTOR RESPONSIBILITIES 4.00 Instructors shall speak and act towards students with respect and dignity and shall deal judiciously with them always mindful of their individual rights and sensibilities. Instructors shall regard as their first duty the effective education and safety of the students and the maintenance of a high degree of professional competence in their teaching Instructors shall endeavour to develop in their students an appreciation of standards of excellence and shall strive at all times to achieve and maintain the highest degree of professional competence and to uphold the honour, dignity and ethical standards of the teaching profession Instructors shall respect the confidential nature of information concerning students and may give it only to duly authorized persons or agencies directly concerned with a student s welfare, and in cases other than parents or Administrators, only after having taken reasonable steps to satisfy themselves of such authorization Instructors shall recognize that a privileged relationship exists between Instructors and their students and shall refrain from exploiting the relationship for personal advantage Instructors shall avoid derogatory criticism of an associate or the School except when it is directed to a person or an authority who is in a position to rectify its cause and the associate or the School has previously been informed of the nature of the criticism Instructors shall show consistent justice and consideration in all their relationships with their students

7 4.06 Instructors shall concern themselves with the welfare of their students including their safety, emotional and physical security, while the students are under their care Instructors in general and/or Judaic studies shall provide to the Board a current and valid B.C. Teacher's Certificate, or B.C. Independent Teacher's Certificate, or Pre-school Instructor's Licence, as appropriate. Instructors of Judaic studies shall provide to the Board a current and valid Diploma or Certificate from a Recognized Hebrew/Judaic Studies Teachers College, or Seminary or Rabbinical Institute, as appropriate Instructors shall be required to demonstrate satisfactory performance in the following areas of daily work: (a) (b) (c) (d) (e) (f) (g) knowledge of subject matter understanding of students' needs daily and long range planning varied teaching methods and strategies evaluation of students' work recording and reporting of students' work classroom management Instructors shall be required to demonstrate satisfactory professional conduct in relation to the following objectives: (a) (b) (c) (d) (e) (f) Each student should be treated with respect and genuine interest. Instructors should willingly exchange ideas and assist each other professionally. Instructors should communicate the progress of their students to parents. Instructors should participate in in-service training, professional development days and workshops. If in-service training, professional development days or workshops are scheduled during non-working days for Part-time Instructors, the Part-time Instructors shall attend at their option. If the Employer agrees to pay Part-time Instructors their prorated salary for attending, then they must attend. Provided reasonable notice is given by the Administrator and the Instructor can reasonably make the necessary arrangements, the Instructor shall, at the Employer s expense, take professional development training outside of normal School hours as the Administrator may require. Instructors should participate willingly and equitably in the various non-teaching duties required for the operation of the School Instructors shall not accept a position to tutor any student without consulting the Instructor of the student concerned. Tutoring on the school site or during school hours shall not be conducted without the prior written permission of an Administrator Instructors shall not accept remuneration for tutoring their own students Instructors shall apply for positions or promotions through proper channels and shall ensure that all information given in support of the application is supported by proper documentation

8 4.13 Instructors shall accept remuneration in accordance with the salary scale provided for in this Agreement. Instructors shall not accept offers that pay higher or lower than called for in this Agreement unless a special rate of remuneration is agreed to by the Association in writing. It is understood and agreed that remuneration established in this Agreement shall not include nor refer to nor restrict the Employer from offering reimbursement of relocation expenses which may be paid to individual Instructors at the discretion of the Employer Except where in conflict with the provisions of this Agreement, Instructors shall carry out the written policies, philosophy and guidelines of the Employer. Unless and until the Employer agrees with the alleged conflict, or a final determination has been made through the grievance procedure that there is a conflict, the written policies, philosophy and guidelines of the Employer shall be carried out Instructors shall be in their classrooms or otherwise available fifteen minutes before the start of their first class and remain in their classrooms until the last student is dismissed. Instructors shall follow the procedure for classroom closing, unless alternative arrangements acceptable to the Administration have been made. Any alternate arrangements, except in the case of an emergency, must be detailed in writing by the Instructor and approved in writing by the Administrator Instructors have the professional obligation to immediately consult their Administrator and/or supervisor regarding serious disciplinary problems that may arise Instructors recognize that conferences and meetings with Administrators, Consultants and Coordinators, Parents and Staff and the provision of individual assistance and guidance to students and inservice training, completion and issuance of report cards and government forms form part of an Instructor's professional responsibilities in addition to classroom responsibilities It is the professional responsibility of Instructors to be adequately prepared for their classroom duties Instructors are obliged to arrange their personal plans and activities so that these do not conflict with the discharge of their professional responsibilities The provisions of this clause apply only to meetings involving all Instructors and Administration, and do not apply to meetings between the Administration and individual Instructors or groups of Instructors. (a) Full-time Instructors shall be required to attend regularly scheduled staff meetings, and shall, whenever possible, attend meetings called to deal with unexpected circumstances. (b) Part-time Instructors shall, whenever possible, attend staff meetings when the meeting is contiguous with the Instructor s instructional assignment. Part-time Instructors shall endeavour to attend staff meetings not contiguous with their teaching assignments. (c) The Administrator shall give at least 7 days notice of regularly scheduled staff meetings, and as much notice as possible of meetings called to deal with unexpected circumstances. An agenda of items to be considered shall be provided as early as possible. All staff members shall have the right to place items for consideration on the agenda of regularly scheduled staff meetings. (d) Regularly scheduled staff meetings shall not occur more than once a month. (e) Regularly scheduled staff meetings and staff meetings called to deal with unexpected circumstances shall not: (i) commence prior to 1 hour before classes begin, or conclude later than 5:00 p.m.; or - 8 -

9 (ii) take place during recess, or during the noon intermission; or (iii) take place on weekends, holidays, or other days when school is not in session. ARTICLE 5 ASSOCIATION PRIVILEGES 5.00 The Employer shall permit the Association to post on existing notice boards in the Instructor's staff lounge, documents of a professional nature or relating to the business of the Association, and to circulate the documents to the Instructors by distribution in the staff room or by placing the documents in the Instructors' mail boxes where available. The distribution or circulation of the documents in staff rooms shall not take place during the teaching hours of the School Day The Association and its membership undertakes that no meeting, study session or interruption shall take place during teaching hours of the School Day, scheduled in-service professional days, or parent/instructor meetings At the written request of the Association and provided that these meetings do not interrupt the continuity of the students' courses or any scheduled meetings of the School or affect the security or maintenance of the School, the Employer shall, without charge, provide the Association with a suitable room in one of its buildings for the purposes of holding Association meetings. However, the Employer must be advised 48 hours in advance of the Association's requirements for the use of the room. The Association shall make arrangements for leaving the room in good order and shall be responsible for all damages arising directly or indirectly as a result of negligence or wilful act of any member, employee, agent or invitee of the Association In June of each year the Association shall submit to the Employer a written list of its officers and authorized representatives solely authorized to act on behalf of the Association. Any subsequent changes in the Association's officers or representatives shall be promptly forwarded in writing to the Employer Within 10 days after their final adoption, the Employer undertakes to forward to the Association a copy of any new regulations or directives adopted by the Employer relating to the administration of the School that would affect the conduct of the Instructors. Where the regulations or directives adopted by the Employer conflict with terms and conditions of this Agreement, the terms of this Agreement shall prevail. ARTICLE 6 ASSOCIATION MEMBERSHIP 6.00 As a condition of employment, every Instructor shall become and remain a member of the Association, effective the date of commencement of employment The Employer shall provide each Instructor with a copy of the Agreement in force at the time that the Instructor is hired As a condition of employment, every Instructor shall provide, and the Employer shall honour an Instructor's written assignment of wages in favour of the Association. The Employer shall deduct each month from the salary of every Instructor the amount assigned to pay membership dues and assessments and remit those deductions to the Association within five days, together with a list of Instructors from whom deductions have been made and the amount deducted from each

10 6.03 The Association will advise the Employer of the amount of the Association s membership dues and assessments to be deducted from the Instructors, and will give at least 30 days notice of any changes. ARTICLE 7 JOINT COMMITTEE 7.01 The Joint Committee shall attempt to settle any disputes properly referred to it pursuant to this Agreement. Any settlement must be by unanimous agreement of the members of the Joint Committee Unless the members mutually agree otherwise, the Joint Committee shall meet within seven days of receiving a written request to meet from either the Employer or the Association. ARTICLE 8 STAFF/ADVISORY COMMITTEE (SAC) 8.00 The Staff/Advisory Committee (SAC) shall meet to discuss issues relating to the workplace that affect the parties, or any employee bound by this Agreement. ARTICLE 9 DISCIPLINE OF INSTRUCTORS 9.00 No Instructor shall be dismissed or suspended or otherwise disciplined without just and reasonable cause In the event that a meeting is called concerning a disciplinary measure and/or an Instructor's conduct or standards, excepting standard lesson evaluation procedures, the Instructor must be notified in advance in writing. At the option of either the Instructor or the Administrator, an officer of the Association may be invited to attend the meeting. If the Association is invited in writing and fails to have representation appear at the meeting, the meeting shall take place irrespective Every disciplinary measure set forth in this Article must be issued in writing by the Administrator. The written disciplinary measure shall be given to the Instructor at the time it is issued and the Instructor shall sign the written disciplinary measure. The Instructor's signature on a written disciplinary measure shall constitute an acknowledgement of receipt of the disciplinary measure but shall not indicate agreement with its content. If the written disciplinary measure is given to the Instructor and the Instructor is unwilling to sign it, then the disciplinary measure shall nonetheless be deemed to have been properly issued Every written disciplinary measure and every written response by an Instructor shall be inserted in the Instructor's personnel file that shall be kept by the Employer. The personnel file shall be the only file kept concerning the Instructor The Employer shall not use disciplinary measures inserted in the Instructor's personnel file after they have become null and void pursuant to Article

11 9.05 Only disciplinary measures properly issued in accordance with this Agreement may be inserted in an Instructor's personnel file or invoked in any manner whatsoever contrary to the interests of an Instructor in any grievance. The only disciplinary measures from an Instructor s personnel file which may be used in a grievance or arbitration procedure, shall be measures properly issued in accordance with the Agreement Upon written request, presented to an Administrator, Instructors shall have the right, at a mutually agreed upon time within one (1) day of making the request, to examine their personnel files, and to obtain copies of the contents of the personnel file at their own expense. An Administrator may be present when personnel files are examined Disciplinary material shall be removed from an Instructor s personnel file two years after issuance, provided the Instructor has not been disciplined again The Board and its Administrators shall avoid derogatory criticism of an Instructor except when it is made to the Instructor or to an appropriate Association official and then only after the Instructor has been informed of the nature of the criticism. ARTICLE 10 PROBATION An Instructor, except a Temporary Instructor, shall be considered to be a Probationary Instructor during the first 20 teaching months of employment by the Employer (the Probationary Term ). For purposes of probation, a Teaching Month is a month from September to June in which the Instructor is employed During the Probationary Term, the Administrator shall visit the classroom of each Probationary Instructor at least three times with at least 10 School Days between each visit. Following these visits, the Administrator shall prepare a written report which shall be provided to the Probationary Instructor within 10 days and placed in the Probationary Instructor's file. After the report has been delivered to the Probationary Instructor, the Administrator and the Probationary Instructor shall meet to discuss the contents of the report. There will be no temporary appointment of an Administrator for this purpose If as the result of the visits pursuant to Clause 10.01, the Administrator observes and records that: (a) any aspects of the Probationary Instructor's conduct are inconsistent with the aspirations of the School; or (b) any aspect of the learning situation in any of the Probationary Instructor s classes is less than satisfactory; or (c) the probationary instructor is in any way unsuitable for continued employment in the school, the Administrator may immediately remove the instructor from the classroom and provide the instructor with the following quantum of severance pay: (i) until the end of the fifth (5 th ) teaching month: one (1.0) month s pay (ii) thereafter: salary continuance until the end of the current school year or four (4) months pay, whichever is less An Instructor who is not dismissed during or at the end of the Probationary Term shall be a Continuing Instructor

12 10.04 The Probationary Term shall be extended by any periods of leave authorized by the Agreement, including but not restricted to pregnancy leave and parental leave Temporary Instructors shall be governed by Clauses and to the extent applicable, and in such cases, may be dismissed at any time during the temporary appointment with 30 days notice. ARTICLE 11 DISMISSAL OF A CONTINUING INSTRUCTOR If the Employer, in its sole discretion, determines that a Continuing Instructor is to be dismissed for less than satisfactory performance, with reference to the criteria in Clause 4.09, written notice of the determination shall be given to the Continuing Instructor by April 1 of that teaching year. The employment of the Continuing Instructor shall then be terminated effective June 30 of the teaching year in which notice is given The decision to dismiss the employment of a Continuing Instructor shall not be made until the Administrator has completed at least three visits to the Continuing Instructor's classroom within a period of not less than eight teaching months nor more than 16 teaching months, with a minimum period of one month between each visit Within seven School Days following each of the visits referred to in Clause 11.01, the Administrator shall prepare a written report which shall, if appropriate, include written recommendations concerning any matters arising out of the report. A copy of the report shall be given to the Continuing Instructor and shall be placed in the Continuing Instructor's personnel file For the purposes of Article 11, there shall be no temporary appointment of an Administrator If a Continuing Instructor is given notice of dismissal under this Article, at the Continuing Instructor's written request, to be given within 7 School Days of receipt of the notice, the Administrator shall meet with the Continuing Instructor and a representative of the Association and review any evaluations and reports concerning the Continuing Instructor If a Continuing Instructor is given notice of dismissal under this Article, the Continuing Instructor or the Association may request that an impartial third party inspector acceptable to the Administrator make an independent assessment of the Continuing Instructor with reference to the criteria in Clause 4.09 of this Agreement. The purpose of the assessment shall be to determine whether there was sufficient evidence to support the decision of the Administrator to dismiss the Continuing Instructor. The Administrator, the Continuing Instructor and the Association shall provide any information to the inspector as may be reasonably requested by that inspector for the purpose of preparing the assessment. The costs to conduct the inspection shall be shared equally by the parties Any grievance arising from the application or operation of this Article will be filed directly with the Joint Committee. If the Joint Committee is unable to resolve the grievance, the matter will be referred to Arbitration, as outlined in Article 13 of this Agreement

13 ARTICLE 12 GRIEVANCE PROCEDURE Any complaint, disagreement or difference of opinion between the Employer, the Association, an Instructor or group of Instructors, which concerns the interpretation or alleged violation or breach of the terms and provisions of this Agreement shall be considered a grievance. The grievance shall be resolved without work stoppage, slow-downs or other job action in order to settle the grievance as equitably and expeditiously as possible in accordance with the procedures which follow (a) An Instructor, group of Instructors, or the Association believing there exists grounds for a grievance shall first meet with the Administrator of the School within 10 School Days after the occurrence of the event which gives rise to the grievance. (b) If the meeting fails to produce a satisfactory settlement within 10 subsequent School Days, the Association may forward the grievance in writing to the Joint Committee within the next 10 School Days. (c) If the grievance cannot be resolved within 14 days of the submission to the Joint Committee, the Association may refer the matter within 30 days to arbitration as outlined in Article (a) The Employer, believing there exists grounds for a grievance shall first meet with the Chairperson of the Association within ten (10) School Days after the event that gives rise to the grievance. (b) If the meeting fails to produce a satisfactory settlement within 10 subsequent School Days the Employer may forward the grievance in writing to the Joint Committee within the next 10 School Days. (c) If the grievance cannot be resolved within 14 days of the submission to the Joint Committee, the Employer may refer the matter within the next 30 days to arbitration as outlined in Article During the summer vacation, the periods set forth in Article 12 shall read four calendar weeks instead of 10 School Days Unless mutually otherwise agreed to in writing, the parties shall strictly adhere to the time limits prescribed in this Article. Failure by the grieving party to adhere to the prescribed time limits shall void the grievance. ARTICLE 13 ARBITRATION In any case in which an Arbitrator is required under this Agreement, a single Arbitrator shall be selected by mutual agreement of the parties The provisions of the Labour Relations Code concerning arbitration shall be followed

14 13.02 The expenses of the Arbitrator and of the place of hearing shall be borne in equal shares by the Association and the Employer The costs of arbitration shall not be awarded to or against either party. The parties shall ask the Arbitrator to deliver the award in writing to each of the parties within 30 days of the conclusion of the hearing. The award shall be binding on the parties but the Arbitrator shall not have the power to alter, modify or amend this Agreement. ARTICLE 14 LEAVES OF ABSENCE The Employer shall establish and maintain a cumulative leave account for the benefit of each Instructor There shall be credited to an Instructor's cumulative leave account the following days and the account shall be operated in the following manner: (a) Instructors shall be entitled to an annual leave account of 15 School Days; (b) The balance of the previous year's unused annual leave account shall be credited to the cumulative leave account of an Instructor at the opening of the School Year; (c) Instructors shall not be allowed to accumulate more than forty-six (46) School Days in their cumulative leave accounts; (d) For the purposes of this clause, in the case of a part-time Instructor, a day shall mean that portion of the day that the part-time Instructor normally works; (e) No compensation shall be paid to an Instructor in lieu of the cumulative leave account on termination, dismissal or for any other reason whatsoever The following paid leaves shall be granted and not charged to Instructors cumulative leave accounts. (a) In the case of death in the immediate family, an Instructor shall be entitled to a leave for the period of Shiva or an equivalent period of mourning. Immediate family includes an Instructor's parents, stepparents, spouse, common law spouse, child, step-child, brother, sister, father-in-law, mother-in-law, brotherin-law, sister-in-law, grandparents, son-in-law, daughter-in-law and grandchild; (b) jury duty or subpoena to attend legal proceedings provided any sums received for the service, exclusive of travelling costs or meal allowances, shall be paid over to the Employer The following paid leaves shall be granted and charged to Instructors cumulative leave accounts. (a) marriage of the Instructor - three Days; (b) birth or adoption of an Instructor's child (provided Pregnancy Leave or Parental Leave is not used by the Instructor with respect to this child) - one Day; (c) serious household or domestic emergency three (3) Days; (d) attendance at convocation ceremonies at an educational institution at which the Instructor, Instructor's spouse, child, son-in-law, daughter-in-law, grandchild, parent, brother, or sister is to receive a graduation certificate, degree or diploma - one Day; (e) sickness - as required; (f) personal business which cannot be attended to except during the School Day - three Days. (g) in the case of Clause (a), if necessary, a time allowance for return travelling time

15 14.04 It is agreed that leave granted under Clause (f) with pay, is not to be used in conjunction with any other leave or holidays without the prior written consent of the Administrator In the case of prolonged illness, and upon the use of all the days in the annual and cumulative accounts, on providing an appropriate medical certificate, an Instructor will receive a leave of absence without pay At the request of the Administrator, any Instructor shall supply a proper medical certificate when an Instructor has taken sick leave for five (5) consecutive days (a) An unpaid leave of absence may be granted to Instructors for one School Year. Not more than two Instructors will be granted leave in any one School Year. Application for leave shall be directed in writing to the Administrator no later than February 1 of the School Year immediately preceding the School Year in which the leave is requested, with full particulars of the reason for the leave. Instructors will be informed by April 15 following the request whether or not the request has been approved. The decision whether or not to grant a request for the leave shall be considered by a committee (the "Leave Committee"). The Leave Committee shall consist of two members of the Association and two Administrators. The Leave Committee shall make its recommendations to the Administrator. In making its recommendations the Leave Committee will take into consideration all relevant factors including, but not limited to: (i) a balance of granted leaves from Judaic and General Studies; (ii) the seniority of the Instructor; (iii) the reason for the leave; and (iv) whether a replacement judged suitable by the Employer is found by April 15 following the date of application. (b) The final decision shall be made by the Administrator and shall not be unreasonably denied. (c) Instructors on leave shall give written notice to the Administrator at the School on or before March 31 confirming their intention to return to employment as Instructors for the following year. Instructors who fail to give timely notice, or who fail to return for the following School Year, shall be deemed to have resigned. (d) Instructors who return as Instructors at the School the following year shall retain their seniority rights and salary scales obtained as of the date of their departures. ARTICLE 15 MATERNITY AND PARENTAL LEAVE Pregnancy Leave and Parental Leave shall be granted in accordance with the governing Employment Standards Act of British Columbia. Supplementary Employment Insurance Benefit (SEIB) Continuing instructors with three (3) years or more of service, who are teaching fifty percent (50%) or more and who are entitled to pregnancy leave, shall be paid twenty percent (20%) of their pre-leave salary for a period of eighteen (18) weeks, in addition to any Employment Insurance (EI) benefits to which they may be entitled. The Employer may request proof of entitlement. If an instructor, who has received SEIB benefits under this section does not return to work from the leave or does not work for at least six (6) months after returning from the leave, the Employer shall have the right to recoup the amount of the SEIB benefit previously paid by any means legally available to it

16 ARTICLE 16 REMUNERATION AND BENEFITS An Instructor shall be paid a basic salary in accordance with the salary scales in Schedule "A", attached to this Agreement. Schedule A forms an integral part of this Agreement (a) The salary scale is calculated on the basis of teaching a full Day, five days a week, inclusive of all classroom duties associated with teaching in the School. Part-time Instructors shall be paid a salary proportionate to the salary of an Instructor teaching a full Day with the same Scholarship Level and Years of Experience. (b) The Instructor s daily salary shall be defined as 1/x of the current annual salary of the Instructor, where x equals the number of Duty Days prescribed for that School Year. (c) The amounts calculated for an Instructor s annual salary and for an Instructor s daily salary include pay for all statutory and religious holidays and for annual vacation, to which the Instructor is entitled. (d) The salary payment for the first duty month for any Instructor commencing employment as such after the first Duty Day in the month, shall be calculated on the basis of the number of Duty Days in the month times the Instructor's daily salary, to a maximum of 1/10 th (or 1/12 th if pay is on a 12 month basis) of current annual salary. (e) The salary payment for the last duty month for any teaching Continuing Instructor ending employment prior to the last Duty Day in the month, shall be calculated on the basis of the number of Duty Days in the month times the Instructor's daily salary, to a maximum of 1/10 th (or 1/12 th if pay is on a 12 month basis) of current annual salary. (f) Any deductions from salary for a Duty Day without pay shall be at the rate of the Instructor's daily salary, to a maximum in any calendar month of 1/10 th (or 1/12 th if pay is on a 12 month basis) of the Instructor s current annual salary Instructors shall be paid twice a month over a 10 or 12 month period in accordance with the results of an annual vote of the Association. Notice of the results of the vote shall be given to the Employer no later than June 1 of the preceding School Year. Pay days shall be on the 15th day of the month or the nearest working day preceding, and on the last working day of each month. In the case of a 10 month pay period, in respect of the month of September, the Instructor shall be paid the first instalment on the later of September 7th or the last working day of the first school week (a) The Employer shall arrange for the Health and Welfare Benefit Plans listed in the next Section, for all Continuing and Probationary Instructors, and for all Temporary Instructors under contract for three months or more. (b) The benefits outlined in the next Section are a summary only of the actual benefits which are contained in the contracts of insurance with the carriers. The eligibility requirements and the payment of benefits under the insurance plans are governed by the contracts of insurance which do not form part of this Agreement. The Employer s liability with respect to this Article is limited solely to making the group insurance plans available and to the payment of the Employer s portion of the premiums. (c) The Employer will not make changes to the coverage provided under the insurance plans without the consent of the Association

17 (d) The Employer agrees to pay sixty percent (60%) of the cost of the health and welfare benefits listed in the following section for Instructors teaching fifty percent (50%) or more provided the instructor pays the remaining forty percent (40%). For Instructors teaching less than fifty percent (50%), the Employer s contribution shall be prorated according to the percentage of full-time worked. For example, if an instructor works thirty percent (30%) of full time, the Employer s contribution shall be thirty percent (30%) and the instructor s contribution shall be seventy percent (70%); if the instructor works twenty percent (20%) of full time, the Employer s contribution shall be twenty percent (20%) and the instructor s contribution shall be eighty percent (80%). (e) Coverage begins at the beginning of the first full month of employment The Employer shall provide each new Instructor with the applicable application or enrolment forms for participation in the Health and Welfare Plans. In the event the Instructor does not wish to participate in any particular benefit plan where opting out is an option, the application or enrolment form must be so noted by the Instructor and kept on file by the Employer. (a) Medical Services Plan of B.C. Plan provides: coverage for eligible spouses and dependents; Participation is voluntary. (b) Extended Health Care Plan provides: coverage for eligible spouses and dependents; reimbursement of 100% of eligible expenses, with deductible of $25 per family per calendar year; Emergency Out of Province benefits; lifetime maximum of $500,000 per person; hearing aids coverage with a limit of $800 per child per 60 months, and $400 per adult per 60 months, repairs included; coverage for cost of lenses, frames, contact lenses, with a limit of $100 per person per 24 months. Participation is voluntary, but the Instructor must be covered by MSP of BC to be covered by Extended Health Care (c) Dental Benefits Plan provides: coverage for eligible spouses and dependents; coverage - Basic (Part A) at 100%, - Crowns and Bridges and Dentures (Part B) at 50%, calendar year maximum of $1,500 for combined Part A and Part B, per covered person - Orthodontics (Part C) at 50% for employees and dependents, $1,500 lifetime maximum per individual effective March 1, 2002 Participation is a condition of employment (if not covered elsewhere). (d) Group Life Insurance Plan provides: life insurance coverage to age 65, of double annual salary rounded to the next higher $1,000 to a maximum of $150,000; life insurance coverage, at age 65, of an amount equal to one-half the coverage in effect just prior to age 65; Participation is a condition of employment. (e) Accidental Death and Dismemberment (AD&D) Plan provides insurance coverage in the same amounts as for Group Life Insurance

18 (f) Weekly Indemnity Plan provides: benefit of 67% of weekly earnings, with a maximum benefit of $700 per week; waiting period of 13 days (benefits commence on 14 th day); benefit period of 17 weeks. Participation is a condition of employment. (g) Long Term Disability Plan provides: benefit of 66 2/3% of basic monthly earnings (1/12 th of annual salary) with a maximum benefit of $3,000 per month; elimination period of 120 days; benefit period to age 65. Participation is a condition of employment Subject to the provisions of any applicable benefit plan, the following shall apply: (a) Instructors on leave of absence without pay under Section shall be permitted to maintain their benefits through payment by the Instructor of 100% of the premium cost; (b) Instructors on Pregnancy Leave and/or Parental Leave shall be continued on the applicable benefits and on the applicable sharing basis, for the duration of the leave(s) provided the Instructors pay their portion of the premiums; (c) Instructors on leave of absence while collecting Workers' Compensation benefits, Weekly Indemnity benefits, or Long Term Disability benefits shall be continued on the applicable benefits and on the applicable sharing basis, for a maximum of one year on each plan, provided the Instructor s share of the premiums is paid in advance by the Instructor and thereafter provided the Instructor pays 100% of the premium cost; (d) Instructors on lay off with recall rights shall be continued on the applicable benefits and on the applicable sharing basis for four full months following the month in which the lay off takes effect, and for the balance of the period of recall rights provided the Instructor pays 100% of the premium cost (a) The Employer shall establish a Registered Pension Plan ( RPP ) with a bank, credit union, trust company or insurance company, covering each Continuing Instructor and Probationary Instructor (the Participant ). Participation in the RPP shall be a condition of employment. (b) Each participant in the RPP will make regular monthly contributions through payroll deductions. The deductions shall be made in the following percentages based on the instructor s gross pay ( Regular Contribution ): (i) effective September 1, 2000: five percent (5%) (ii) effective September 1, 2002: six percent (6%) (c) Each Participant will be permitted to contribute additional money to the RPP. (d) At the same time the Participant s contribution is made, the Employer will pay an amount equal to the Participant s regular contribution directly into the RPP. (e) The vesting period shall be the minimum period in the applicable provincial legislation. (f) The choice of broker and carrier shall be subject to the mutual agreement of the Employer and the Association

19 (g) Any fees and expenses payable shall be charges against the RPP Retirement Allowance (a) The Employer shall pay a one-time only retirement allowance to each instructor who is employed at March 1, 2002 and who retires between the ages of fifty-five (55) and the mandatory retirement age of 65, based upon his/her years of accumulated service prior to The amount of the special pension payment to be received by any instructor shall be a maximum of one thousand dollars ($1000) for each year of accumulated service up to and including (b) The actual amount each instructor receives in respect to any year of his/her accumulated service shall be a prorated amount based upon his/her FTE in that year. (For example, if in the year 1987 the instructor worked at 1.0 FTE, his/her retirement allowance for that year (1987) would be the full $ ; if the instructor worked part-time at 0.6 FTE in that year, his/her retirement allowance for that year would be $ ) (c) The Employer shall pay each eligible instructor his/her total retirement allowance at his/her retirement between the ages of fifty-five (55) and the mandatory retirement age of 65. The Employer shall make this payment in the form requested, and as directed, by the retiring instructor, in order to provide the best after-tax result for that instructor, provided doing so falls within applicable statutory requirements. (d) Retiring instructors shall endeavour to notify the Employer at least one (1) year prior to their retirement date at the mandatory retirement age of 65 to allow for payments under this article to be budgeted. ARTICLE 17 SALARY CLASSIFICATION OF INSTRUCTOR Salary classifications of an Instructor shall be determined by Years of Experience and Salary Level. (a) Years of Experience: The following guidelines shall apply generally to years of teaching experience at the Vancouver Talmud Torah or elsewhere: (i) (ii) each full year or any partial year of at least eight months of teaching at 100% time counts as one year of experience. Each full year of teaching at 80% - 100% time shall count as one year of teaching. Salary will only be affected in September and February following the date when the equivalent of full years have been accumulated. substitute teaching and practicums are not considered as teaching experience. (iii) part-time teaching, provided at least ten (10) hours per week for at least eight (8) months of a School Year is taught, will be accumulated, but will affect salary only in September and February following the date when the equivalent of full years have been accumulated. (iv) teaching in colleges and universities and equivalent teaching experience will be determined on an individual basis

20 (b) Scholarship Level: Each Instructor shall be Placed in one of the following Scholarship Levels according to their qualifications. SCHOLARSHIP LEVEL Category I: Pre-School Assistant Category II: Pre-School Supervisor Categories I and II do not include Kindergarten Instructors except those with less than two years post-secondary education: Level A: Level B: Level C: Level D: Level D+: Level E: Two years of post-secondary training and recognized Hebrew Teaching Certificate or equivalent. Three years of post-secondary training and recognized Hebrew Teaching Certificate or equivalent. Degree from a recognized Four-Year University program, i.e. Bachelor of Arts, Bachelor of Science, Bachelor of Education, etc. Undergraduate Degree followed by one (1) or more years of Instructor training or Five-Year Bachelor of Education program. Successful completion of one year full time study in a recognized Masters Degree program stipulated in Category E. Masters Degree from recognized University in the following areas of study: i. Judaic Studies ii. Special Education iii. Instructors of English and French as a second language iv. Educational Psychology v. such other fields in education which, in the Administrator's opinion, are relevant to the Talmud Torah curriculum For the purposes of determining Scholarship Levels, only courses and credits recognized by a recognized University or College or recognized Hebrew/Jewish Teachers' College, Seminary or Rabbinical Institute and/or courses requisite to the obtaining of degrees shall be recognized by the Administrator Instructors who obtain the necessary qualifications may advance simultaneously both as to Years of Experience and Scholarship Level in any one year It shall be the responsibility of all Instructors to supply and properly document all relevant information required by the Administrator to establish their Scholarship Level Application for a change in Scholarship Level shall be made to the Administrator by written submission with originals or certified copies of transcripts and/or documented evidence of courses completed