Common use of APPLICATION/SCOPE Clause in Contracts

APPLICATION/SCOPE. 1.1 This collective agreement shall be applicable to every person who requires a teacher certificate as a condition of employment with an Employer excepting those positions agreed to be excluded in local bargaining between an Employer and the Association. Effective February 6, 2020, clause 1.1 above is repealed and replaced by the following clause: 1.1 This collective agreement shall be applicable to every person who requires a teaching certificate as a condition of employment with the Employer, including teachers with principal designations, and excepting positions agreed to be excluded in local bargaining between the Employer and the Association. These employees shall herein be collectively called teachers or, where the context requires, teacher. 1.2 This Agreement applies to all employees of the Employer who, as condition of employment, must possess a valid teaching certificate issued under the authority of the Department of Education, the Province of Alberta, herein collectively called the teachers, or where the context requires, teacher, except those designated as: a) Superintendent b) Deputy Superintendent c) Assistant Superintendent d) Associate Superintendent e) Director, Student Services f) Director of Technology 1.3 Effective February 6, 2020, all teachers shall pay monthly to the Association moneys equal to the established fees or dues of the Association. Such dues and fees shall be deducted monthly by the Employer from each teacher’s month end pay and remitted to the Association following the deduction. Any dispute between a teacher and the Association related to dues or membership fees shall be referred to the Association for resolution. The Employer shall not be held liable for any costs arising from the resolution of any dispute. 1.4 The Association is the bargaining agent for each bargaining unit and: 1.4.1 has exclusive authority to bargain collectively with TEBA on behalf of all the teachers in the bargaining units and to bind the teachers in any collective agreement with respect to central terms; and 1.4.2 has exclusive authority to bargain collectively with each Employer on behalf of the teachers in each bargaining unit with respect to local terms and to bind the teachers by a collective agreement. 1.5 Role of TEBA (Effective February 6, 2020) 1.5.1. For the purpose of bargaining collectively with the Association, TEBA is an employer organization for the purpose of the Labour Relations Code and has, with respect to central bargaining, exclusive authority to bargain collectively on behalf of the Employers/School Divisions and to bind the Employers/School Divisions in any agreement with respect to central terms. 1.5.2. Sections 21(2), 32, 62 and 81 to 83 of the Labour Relations Code do not apply with respect to TEBA. 1.5.3. For the purpose of bargaining collectively with the Association, an Employer has, with respect to local bargaining, exclusive authority to bind the Employer in any agreement with respect to local terms 1.6 The Employer retains all management rights, unless otherwise provided by the expressed terms of this collective agreement. 1.7 Implementation of this collective agreement shall not cause a teacher presently employed to receive a salary less than that calculated under any previous collective agreement unless mutually agreed to by TEBA and the Association. 1.8 This collective agreement cancels all former collective agreements and all provisions appended thereto. 1.9 This collective agreement shall enure to the benefit of and be binding upon the parties and their successors.

Appears in 1 contract

Sources: Collective Agreement

APPLICATION/SCOPE. 1.1 This collective agreement shall be applicable to every person who requires a teacher certificate as a condition of employment with an Employer the School Division excepting those positions agreed to be excluded in local bargaining between an Employer the School Division and the Association. Effective February 6December 17, 2020, clause 1.1 above is repealed and replaced by the following clause: 1.1 This collective agreement shall be applicable to every person who requires a teaching certificate as a condition of employment with the EmployerSchool Division, including teachers with principal designations, and excepting positions agreed to be excluded in local bargaining between the Employer School Division and the Association. These employees shall herein be collectively called teachers or, where the context requires, teacher. 1.2 This Agreement applies Excluded Positions 1.2.1 Superintendent of Schools 1.2.2 Any other designations which include the term Superintendent 1.2.3 Directors as appointed by the School Division 1.2.3.1 A Director is a person who is allocated district-wide responsibilities by the Superintendent and becomes privy to all employees confidential information of the Employer who, as condition of employment, must possess a valid teaching certificate issued under the authority of the Department of Education, the Province of Alberta, herein collectively called the teachers, or where the context requires, teacher, except those designated as: a) Superintendent b) Deputy Superintendent c) Assistant Superintendent d) Associate Superintendent e) Director, Student Services f) Director of TechnologySchool Division. 1.3 Effective February 6December 17, 2020, all teachers shall pay monthly to the Association moneys equal to the established fees or dues of the Association. Such dues and fees shall be deducted monthly by the Employer School Division from each teacher’s month end pay and remitted to the Association following the deduction. Any dispute between a teacher and the Association related to dues or membership fees shall be referred to the Association for resolution. The Employer School Division shall not be held liable for any costs arising from the resolution of any dispute. 1.4 The Association is the bargaining agent for each bargaining unit and: 1.4.1 has exclusive authority to bargain collectively with TEBA on behalf of all the teachers in the bargaining units and to bind the teachers in any collective agreement with respect to central terms; and 1.4.2 has exclusive authority to bargain collectively with each Employer School Division on behalf of the teachers in each bargaining unit with respect to local terms terms, and to bind the teachers by a collective agreement. 1.5 Role of TEBA (Effective February 6December 17, 2020) 1.5.1. For the purpose of bargaining collectively with the Association, TEBA is an employer employers’ organization for the purpose of the Labour Relations Code and has, with respect to central bargaining, exclusive authority to bargain collectively on behalf of the Employers/School Divisions employers and to bind the Employers/School Divisions in any agreement with respect to central terms. 1.5.2. Sections 21(2), 32, 62 and 81 to 83 of the Labour Relations Code do not apply with respect to TEBA. 1.5.3. For the purpose of bargaining collectively with the Association, an Employer a School Division has, with respect to local bargaining, exclusive authority to bind the Employer School Division in any agreement with respect to local terms 1.6 The Employer retains all management rights, unless otherwise provided by the expressed terms of this collective agreement. 1.7 Implementation of this collective agreement shall not cause a teacher presently employed to receive a salary less than that calculated under any previous collective agreement unless mutually agreed to by TEBA and the Association. 1.8 This collective agreement cancels all former collective agreements and all provisions appended thereto. 1.9 This collective agreement shall enure to the benefit of and be binding upon the parties and their successors.

Appears in 1 contract

Sources: Collective Agreement

APPLICATION/SCOPE. 1.1 This collective agreement shall be applicable to every person who requires a teacher certificate as a condition of employment with an Employer a School Division excepting those positions agreed to be excluded in local bargaining between an Employer a School Jurisdiction and the Association. Effective February 6October 27, 2020, clause 1.1 above is repealed and replaced by the following clause: 1.1 : This collective agreement shall be applicable to every person who requires a teaching certificate as a condition of employment with the Employer/School Division, including teachers with principal designations, and excepting positions agreed to be excluded in local bargaining between the Employer Employer/School Division and the Association. These employees shall herein be collectively called teachers or, where the context requires, teacher. 1.2 This Agreement applies to all employees . Effective date of ratification of the Employer who, as condition 2018-20 local Memorandum of employment, must possess a valid teaching certificate issued under the authority of the Department of Education, the Province of Alberta, herein collectively called the teachers, or where the context requires, teacher, except those designated as: a) Superintendent b) Deputy Superintendent c) Assistant Superintendent d) Associate Superintendent e) Director, Student Services f) Director of Technology 1.3 Effective February 6, 2020Agreement, all teachers shall pay monthly to the Association moneys equal to the established fees or dues of the Association. Such dues and fees shall be deducted monthly by the Employer Employer/School Division from each teacher’s month end pay and remitted to the Association following the deduction. Any dispute between a teacher and the Association related to dues or membership fees shall be referred to the Association for resolution. The Employer Employer/School Division shall not be held liable for any costs arising from the resolution of any dispute. 1.4 . The Association is the bargaining agent for each bargaining unit and: 1.4.1 : has exclusive authority to bargain collectively with TEBA on behalf of all the teachers in the bargaining units and to bind the teachers in any collective agreement with respect to central terms; and 1.4.2 and has exclusive authority to bargain collectively with each Employer School Division on behalf of the teachers in each bargaining unit with respect to local terms terms, and to bind the teachers by a collective agreement. 1.5 . Role of TEBA (Effective February 6October 27, 2020) 1.5.1. ) For the purpose of bargaining collectively with the Association, TEBA is an employer organization for the purpose of the Labour Relations Code and has, with respect to central bargaining, exclusive authority to bargain collectively on behalf of the Employers/School Divisions and to bind the Employers/School Divisions in any agreement with respect to central terms. 1.5.2. Sections 21(2), 32, 62 and 81 to 83 of the Labour Relations Code do not apply with respect to TEBA. 1.5.3. For the purpose of bargaining collectively with the Association, an Employer a Employer/School Division has, with respect to local bargaining, exclusive authority to bind the Employer Employer/School Division in any agreement with respect to local terms 1.6 . The Employer Board retains all management rights, unless otherwise provided by the expressed terms of this collective agreement. 1.7 . Implementation of this collective agreement shall not cause a teacher presently employed to receive a salary less than that calculated under any previous collective agreement unless mutually agreed to by TEBA and the Association. 1.8 . This collective agreement cancels all former collective agreements and all provisions appended thereto. 1.9 . This collective agreement shall enure to the benefit of and be binding upon the parties and their successors. Effective October 27, 2020, all provisions of this collective agreement shall be read to be gender neutral.

Appears in 1 contract

Sources: Collective Agreement

APPLICATION/SCOPE. 1.1 This collective agreement shall be applicable to every person who requires a teacher certificate as a condition of employment with an the Employer excepting those positions agreed to be excluded in local bargaining between an the Employer and the Association. Effective February 6December 17, 2020, clause 1.1 above is repealed and replaced by the following clause: 1.1 This collective agreement shall be applicable to every person who requires a teaching certificate as a condition of employment with the Employer, including teachers with principal designations, and excepting positions agreed to be excluded in local bargaining between the Employer and the Association. These employees shall herein be collectively called teachers or, where the context requires, teacher. 1.2 This Agreement applies to all Not withstanding Clause 1.1, employees of holding the Employer who, as condition of employment, must possess a valid teaching certificate issued under the authority of the Department of Education, the Province of Alberta, herein collectively called the teachers, or where the context requires, teacher, except those designated asfollowing designation shall be excluded from this agreement: a) The Superintendent b) Deputy Superintendent c) Associate and Assistant SuperintendentSuperintendents d) Associate Superintendent e) Director, Student Services f) Director of TechnologyDirectors 1.3 Effective February 6December 17, 2020, all teachers shall pay monthly to the Association moneys equal to the established fees or dues of the Association. Such dues and fees shall be deducted monthly by the Employer from each teacher’s month end pay and remitted to the Association following the deduction. Any dispute between a teacher and the Association related to dues or membership fees shall be referred to the Association for resolution. The Employer shall not be held liable for any costs arising from the resolution of any dispute. 1.4 The Association is the bargaining agent for each bargaining unit and: 1.4.1 has exclusive authority to bargain collectively with TEBA on behalf of all the teachers in the bargaining units and to bind the teachers in any collective agreement with respect to central terms; and 1.4.2 has exclusive authority to bargain collectively with each Employer on behalf of the teachers in each bargaining unit with respect to local terms terms, and to bind the teachers by a collective agreement. 1.5 Role of TEBA (Effective February 6December 17, 2020) 1.5.1. For the purpose of bargaining collectively with the Association, TEBA is an employer employers’ organization for the purpose of the Labour Relations Code and has, with respect to central bargaining, exclusive authority to bargain collectively on behalf of the Employers/School Divisions employers and to bind the Employers/School Divisions employers in any agreement with respect to central terms. 1.5.2. Sections 21(2), 32, 62 and 81 to 83 of the Labour Relations Code do not apply with respect to TEBA. 1.5.3. For the purpose of bargaining collectively with the Association, an Employer has, with respect to local bargaining, exclusive authority to bind the Employer in any agreement with respect to local terms 1.6 The Employer retains all management rights, unless otherwise provided by the expressed terms of this collective agreement. 1.7 Implementation of this collective agreement shall not cause a teacher presently employed to receive a salary less than that calculated under any previous collective agreement unless mutually agreed to by TEBA and the Association. 1.8 This collective agreement cancels all former collective agreements and all provisions appended thereto. 1.9 This collective agreement shall enure to the benefit of and be binding upon the parties and their successors.

Appears in 1 contract

Sources: Collective Agreement