ATA Local #23 Information Update - September 29, 2024
#1 - Member Engagement Meeting RSVP
The Local will be holding another meeting to update all members on bargaining and other items of interest. This event will be held on Wednesday, October 16, 2024 at the St Albert Rugby Club. Doors open at 5pm for drinks and appies. The presentation will be from 5:30-6:30pm.
Please use this QR code to RSVP by October 1!!
#2 - TES Memo - Duty-Free Lunch
WORTH KNOWING
Duty-Free Lunch
Duty-Free Lunch language first appeared in teacher collective agreements in the 2018-20 central collective agreement and has been in effect since 2019 04 07. The language is intended to provide a rest period for teachers.
The school division must schedule a 30-minute rest period for each teacher during each five (5) hours the teacher works. When reasonable, the break should be scheduled in the middle of the teacher’s assignment. If, for some reason, an unbroken rest period of 30 minutes cannot be scheduled, a teacher must agree to two rest periods of no less than 15 minutes each. This is an individual agreement between the teacher and the school division. It is not a collective decision coming from a staff meeting or vote. This does not mean that rest periods can be shortened without written individual agreement or teachers must request that break. Further, under no circumstances can there be less than two 15-minute breaks.
Alberta’s Labour Relations Code states that a collective agreement is binding on the parties named in the agreement. A school division cannot alter the provisions of the collective agreement, nor can teachers accept conditions outside the collective agreement. A school authority must schedule each teacher’s timetable to ensure the teacher has rest periods that adhere to the collective agreement. Supervision and rest periods must be scheduled by the school authority, not created through sign-up sheets completed by teachers. Further, teachers cannot opt out of time caps or waive their right to a 30-minute rest period.
WORTH SHARING
Duty-Free Lunch language has been in place for teachers since April 2019. Teachers are entitled to rest periods. You have a right to a 30-minute rest period. #WeAreATA
#3 - TES Memo - Who is the Decider on Collective Agreement Entitlements?
WORTH KNOWING
Who Is the Decider on Collective Agreement Entitlements?
The collective agreement is intended to cover all members of a bargaining unitand 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. This can place school leaders in a “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
#4 - TES - Can You Volunteer for Assignable or Instructional Time?
WORTH KNOWING
Can you volunteer for assignable or instructional time?
Assignable and instructional time limits are included in every collective agreement for public, Catholic and francophone teachers in the province. Total assignable time is limited to 1,200 hours per school year, with no more than 916 hours of instructional time.
Limits on assignable and instructional time are like most other provisions in the collective agreement. They apply to all classroom teachers. Like other provisions, such as group health benefits, one cannot opt in or out of a collective agreement provision, unless the agreement clearly states that ability.
In a budgetary crunch, provisions like salary, allowances or benefits cannot be scaled back or lowered to address the issue—these are protected by the collective agreement. Similarly, the assignable and instructional time provisions cannot be opted out from or volunteered into, without time being counted. Nor can other provisions, like duty free lunch (DFL), be “not taken” or not provided.
During unassigned time, there are situations where a teacher may be asked to cover a class or to be reassigned to a specific task. When these situations occur, the time counts in its respective bin. That time must be accounted for and, as a result, a teacher cannot agree or volunteer to do professional work without it counting during the regular workday. The issue lies at the heart of a collective agreement and collective work. Provisions in the collective agreement are meant to create positive working conditions. Actions that circumvent those provisions, like not hiring substitute teachers or not having time count, work against collective efforts.
Teachers, at their core, are problem solvers and want to provide their best professional service. It is not surprising that they are trying to make it work by agreeing to take on more. Yet, regardless of the core values that drive teachers, one cannot provide service outside the provisions of the collective agreement. In the case of instructional and assignable time, while teachers can choose to take on more responsibilities, it must count. Teachers cannot be assigned time without it counting somehow or somewhere. In the case of DFL provisions, a teacher must accept the designated time, and they cannot structure it differently than what the collective agreement specifies. For example, since the agreement speaks to a break, where possible, to occur in the middle of the day, daily, that time cannot fall in the first or last block of the day. One cannot choose or be provided alternative structures to lump time into a single day instead of spreading it out daily, even if mathematically the time all adds up, which is different than the language in the collective agreement. Teachers and school leaders who have questions on specific collective agreement language interpretations should connect with Teacher Employment Services.
The messaging provided from the Association since the inception of the time protection provisions has been consistent. In simple terms. do not schedule teachers to the maximum 1,200 assignable or 916 instructional hours. Having a cushion allows for flexibility and is respectful of teachers’ time. Scheduling to the maximum allowable time pushes people to count minute by minute and removes operational flexibility in schools should a need arise.
On the other hand, volunteering for extracurricular activities cannot be counted as assignable time. Teachers who volunteer to lead or attend school activities outside of school hours, such as coaching extracurricular sports, supervising school dances or leading clubs, are not eligible to count these volunteer hours as assignable time.
WORTH SHARING
Assignable time is the time where the school division assigns you to do something specific at a specific time and/or place. Keep track of your typical assignable and instructional time from your timetable. Also track assigned duties outside or in addition to your regular assignment or responsibilities. The Association’s website has time calculators for members located here. If you have questions regarding calculating your time or categorizing it, call Teacher Employment Services for assistance at 1-800-232-7208. #WeAreATA
#5 - CMASTE - Invitation to Participate in Research
One of our CMASTE members, Dr. Kwesi Yaro is working on this fascinating research study! See below for details:
Dr. Sofia Noori, from UBC is doing research to find out what our teachers need to help them support newcomer students from warzones. I'm sure you're seeing an increase in the resettlement of folks from Ukraine, Syria, Afghanistan, Somalia, etc. we'd very much appreciate you taking 10-15 minutes to complete this survey and sharing it with fellow teachers and colleagues across Alberta.
https://ubc.ca1.qualtrics.com/jfe/form/SV_6R1CsPDSqjSunuS
The purpose of this study is to understand what Canadian teachers experience when supporting and trying to meet the educational needs of refugee students. This project also tries to capture strategies they use to overcome these challenges. The study aims to identify the training and professional development that Canadian teachers want to effectively support students with refugee backgrounds.
#6 - ATA - Invitation to Participate - Listening Circle for teachers who identify as living with a disability
The Association will be hosting Listening Circles for teachers who identify as living with a disability on October 10 and November 21. Please share with anyone who may be interested. Details are below.
#7 - ATA - Online CSR meetings
The Alberta Teachers Association will be hosting two information session on October 9, 2024, at 4:00 pm and on October 10, 2024, at 6:00 pm for all school reps. Please register for one of the upcoming webinars as the content and format for both will be the same.
To register for the 4:00 pm session on Wednesday, October 9, 2024—the registration link is https://zoom.us/webinar/register/WN_xHLw4ZxMTb2Hy8fmu2GY8w
To register for the 6:00 pm session on Thursday, October 10, 2024—the registration link is https://zoom.us/webinar/register/WN_4BEODG60Qd20T0DSYUxEaw
The agenda for the webinar includes the following topics:
The Local will be holding another meeting to update all members on bargaining and other items of interest. This event will be held on Wednesday, October 16, 2024 at the St Albert Rugby Club. Doors open at 5pm for drinks and appies. The presentation will be from 5:30-6:30pm.
Please use this QR code to RSVP by October 1!!
#2 - TES Memo - Duty-Free Lunch
WORTH KNOWING
Duty-Free Lunch
Duty-Free Lunch language first appeared in teacher collective agreements in the 2018-20 central collective agreement and has been in effect since 2019 04 07. The language is intended to provide a rest period for teachers.
The school division must schedule a 30-minute rest period for each teacher during each five (5) hours the teacher works. When reasonable, the break should be scheduled in the middle of the teacher’s assignment. If, for some reason, an unbroken rest period of 30 minutes cannot be scheduled, a teacher must agree to two rest periods of no less than 15 minutes each. This is an individual agreement between the teacher and the school division. It is not a collective decision coming from a staff meeting or vote. This does not mean that rest periods can be shortened without written individual agreement or teachers must request that break. Further, under no circumstances can there be less than two 15-minute breaks.
Alberta’s Labour Relations Code states that a collective agreement is binding on the parties named in the agreement. A school division cannot alter the provisions of the collective agreement, nor can teachers accept conditions outside the collective agreement. A school authority must schedule each teacher’s timetable to ensure the teacher has rest periods that adhere to the collective agreement. Supervision and rest periods must be scheduled by the school authority, not created through sign-up sheets completed by teachers. Further, teachers cannot opt out of time caps or waive their right to a 30-minute rest period.
WORTH SHARING
Duty-Free Lunch language has been in place for teachers since April 2019. Teachers are entitled to rest periods. You have a right to a 30-minute rest period. #WeAreATA
#3 - TES Memo - Who is the Decider on Collective Agreement Entitlements?
WORTH KNOWING
Who Is the Decider on Collective Agreement Entitlements?
The collective agreement is intended to cover all members of a bargaining unitand 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. This can place school leaders in a “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
#4 - TES - Can You Volunteer for Assignable or Instructional Time?
WORTH KNOWING
Can you volunteer for assignable or instructional time?
Assignable and instructional time limits are included in every collective agreement for public, Catholic and francophone teachers in the province. Total assignable time is limited to 1,200 hours per school year, with no more than 916 hours of instructional time.
Limits on assignable and instructional time are like most other provisions in the collective agreement. They apply to all classroom teachers. Like other provisions, such as group health benefits, one cannot opt in or out of a collective agreement provision, unless the agreement clearly states that ability.
In a budgetary crunch, provisions like salary, allowances or benefits cannot be scaled back or lowered to address the issue—these are protected by the collective agreement. Similarly, the assignable and instructional time provisions cannot be opted out from or volunteered into, without time being counted. Nor can other provisions, like duty free lunch (DFL), be “not taken” or not provided.
During unassigned time, there are situations where a teacher may be asked to cover a class or to be reassigned to a specific task. When these situations occur, the time counts in its respective bin. That time must be accounted for and, as a result, a teacher cannot agree or volunteer to do professional work without it counting during the regular workday. The issue lies at the heart of a collective agreement and collective work. Provisions in the collective agreement are meant to create positive working conditions. Actions that circumvent those provisions, like not hiring substitute teachers or not having time count, work against collective efforts.
Teachers, at their core, are problem solvers and want to provide their best professional service. It is not surprising that they are trying to make it work by agreeing to take on more. Yet, regardless of the core values that drive teachers, one cannot provide service outside the provisions of the collective agreement. In the case of instructional and assignable time, while teachers can choose to take on more responsibilities, it must count. Teachers cannot be assigned time without it counting somehow or somewhere. In the case of DFL provisions, a teacher must accept the designated time, and they cannot structure it differently than what the collective agreement specifies. For example, since the agreement speaks to a break, where possible, to occur in the middle of the day, daily, that time cannot fall in the first or last block of the day. One cannot choose or be provided alternative structures to lump time into a single day instead of spreading it out daily, even if mathematically the time all adds up, which is different than the language in the collective agreement. Teachers and school leaders who have questions on specific collective agreement language interpretations should connect with Teacher Employment Services.
The messaging provided from the Association since the inception of the time protection provisions has been consistent. In simple terms. do not schedule teachers to the maximum 1,200 assignable or 916 instructional hours. Having a cushion allows for flexibility and is respectful of teachers’ time. Scheduling to the maximum allowable time pushes people to count minute by minute and removes operational flexibility in schools should a need arise.
On the other hand, volunteering for extracurricular activities cannot be counted as assignable time. Teachers who volunteer to lead or attend school activities outside of school hours, such as coaching extracurricular sports, supervising school dances or leading clubs, are not eligible to count these volunteer hours as assignable time.
WORTH SHARING
Assignable time is the time where the school division assigns you to do something specific at a specific time and/or place. Keep track of your typical assignable and instructional time from your timetable. Also track assigned duties outside or in addition to your regular assignment or responsibilities. The Association’s website has time calculators for members located here. If you have questions regarding calculating your time or categorizing it, call Teacher Employment Services for assistance at 1-800-232-7208. #WeAreATA
#5 - CMASTE - Invitation to Participate in Research
One of our CMASTE members, Dr. Kwesi Yaro is working on this fascinating research study! See below for details:
Dr. Sofia Noori, from UBC is doing research to find out what our teachers need to help them support newcomer students from warzones. I'm sure you're seeing an increase in the resettlement of folks from Ukraine, Syria, Afghanistan, Somalia, etc. we'd very much appreciate you taking 10-15 minutes to complete this survey and sharing it with fellow teachers and colleagues across Alberta.
https://ubc.ca1.qualtrics.com/jfe/form/SV_6R1CsPDSqjSunuS
The purpose of this study is to understand what Canadian teachers experience when supporting and trying to meet the educational needs of refugee students. This project also tries to capture strategies they use to overcome these challenges. The study aims to identify the training and professional development that Canadian teachers want to effectively support students with refugee backgrounds.
#6 - ATA - Invitation to Participate - Listening Circle for teachers who identify as living with a disability
The Association will be hosting Listening Circles for teachers who identify as living with a disability on October 10 and November 21. Please share with anyone who may be interested. Details are below.
#7 - ATA - Online CSR meetings
The Alberta Teachers Association will be hosting two information session on October 9, 2024, at 4:00 pm and on October 10, 2024, at 6:00 pm for all school reps. Please register for one of the upcoming webinars as the content and format for both will be the same.
To register for the 4:00 pm session on Wednesday, October 9, 2024—the registration link is https://zoom.us/webinar/register/WN_xHLw4ZxMTb2Hy8fmu2GY8w
To register for the 6:00 pm session on Thursday, October 10, 2024—the registration link is https://zoom.us/webinar/register/WN_4BEODG60Qd20T0DSYUxEaw
The agenda for the webinar includes the following topics:
- Welcome Note from ATA President, Jason Schilling
- Website Navigation for Resources
- Member Organizing Lessons
- Logistics of Teacher Meetings in Schools
- Question and Answer session