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TEACHERS’ LEGAL ISSUES. A FINAL FEW WORDS!. COLLECTIVE BARGAINING. ONE COLLECTIVE AGREEMENT FOR ALL TEACHERS IN N.B. NEGOTIATIONS PROCEED UNDER THE TERMS OF THE PUBLIC SERVICE LABOR RELATIONS ACT PROVISIONS APPLY TO ALL TEACHERS AND THE EMPLOYER (DIST.s & DEPT.). SOME IMPORTANT ARTICLES. - PowerPoint PPT Presentation

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  • *TEACHERS LEGAL ISSUESA FINAL FEW WORDS!

  • *THE COLLECTIVE AGREEMENT

  • *COLLECTIVE BARGAININGONE COLLECTIVE AGREEMENT FOR ALL TEACHERS IN N.B.NEGOTIATIONS PROCEED UNDER THE TERMS OF THE PUBLIC SERVICE LABOR RELATIONS ACTPROVISIONS APPLY TO ALL TEACHERS AND THE EMPLOYER (DIST.s & DEPT.)

  • *SOME IMPORTANT ARTICLESAPPLICATION - Art. 6CLASS SIZE - Art. 20SICK LEAVE - Art. 31LAYOFFS AND RECALL - Art.48IMPROVEMENT IN CERTIFICATION - Art.50EXPERIENCE FOR SALARY- Art. 52DISCIPLINE - Art. 55GRIEVANCE - Art. 57CONTRACT, SALARY, OTHER

  • *APPLICATION - Art. 6THE AGREEMENT APPLIES TO AND IS BINDING ON-THE FEDERATION-ALL TEACHERS EMPLOYED BY CONTRACT IN ANY SCHOOL IN N.B. UNDER THE JURISDICTION OF THE DEPARTMENT OF EDUCATION-THE EMPLOYER AND REPRESENTATIVES

  • *EMPLOYERS RESPONSIBILITYTHE EMPLOYER IS VESTED WITH THE RESPONSIBILITY OF MANAGING THE PUBLIC SCHOOL SYSTEM INCLUDING: HIRING, PROMOTING, TRANSFERRING, SUSPENDING, DISCIPLINING, DISMISSING OR LAYING OFF TEACHERS, ETC.SUBJECT TO THE SPECIFIC PROVISIONS OF THE COLLECTIVE AGREEMENT

  • *PUBLIC LEGISLATION - Art. 12 ANY ACT (EDUCATION ACT) OF THE PROVINCE HAS PRECEDENCE OVER THE AGREEMENT

    THE AGREEMENT HAS PRECEDENCE OVER CONFLICTING REGULATIONS

  • *CLASS SIZE - Art. 20 (currently)NORMAL CLASS SIZE 27 WITH NO CLASS LARGER THAN 30, BUTKINDERGARTEN - 22GRADES 1 & 2 - 22GRADE 3 - 27 ( UNFORSEEN = 28)GRADES 4-6 - 29 ( UNFORSEEN = 30)COMBINED CLASSES 1-3=17, 3-5=24, 5-12=25 WHILE ANY GRADE COMBONED WITH K = 17INCLUSION OF SPECIAL NEEDS STUDENTS SHAL [ALSO] BE CONSIDEREDSEPT 1, 2009 MAX AT EACH GRADE LEVEL REDUCED BY 1

  • *SICK LEAVE - Art. 311 1/2 DAYS PER MONTH TO 195NUMBER OF OTHER ARTICLES RELATED TO LEAVES -COMPASSIONATE LEAVE -MATERNITY LEAVE -ADOPTION LEAVE -OTHER ABSENCES 34, 35, 36,AND 37

  • *LAYOFF AND RECALL - Art.48 TEACHER WITH LEAST SENIORITY LAID OFF BEFORE OTHERS AS LONG AS REMAINING TEACHERS CAN SATISFACTORILY FULFILL THE REQUIREMENTS

  • *EXPERIENCE FOR SALARY - 52FULL CREDIT -TAUGHT IN PUBLIC SCHOOLS WHILE LICENSED OR ELIGIBLE IN N.B. OR BECOMES LICENSED IN N.B. 1/2 CREDIT -TAUGHT IN PRIVATE SCHOOL IN CANADA WHILE ELIGIBLE IN N.B.OR UPTO 2 YEARS APPROVED RELATED EXP.

  • *DISCIPLINE - 55NO TEACHER SHALL BE DISCIPLINED, SUSPENDED, DISMISSED OR ASSESSED A FINANCIAL PENALTY EXCEPT FOR JUST CAUSE

  • *GRIEVANCE - 57A GRIEVANCE IS A DISPUTE OR DIFFERENCE OF OPINION CONCERNING:INTERPRETATION OR VIOLATION OF THE AGREEMENTDISMISSAL, SUSPENSION OR FINANCIAL PENALTY

  • *CONTRACTTHE PARTIES AGREE THATTEACHERS WILL BE PAID AND WILL:TEACH DILIGENTLY AND FAITHFULLY AND PERFORM THEIR DUTIES IN ACCORDANCE WITH THE EDUCATION ACT ANDTHE PROVISIONS OF THE AGREEMENT

  • *IF YOU FIND YOURSELF IN TROUBLE

  • *HELP IS AVAILABLE !

  • *YOU ARE NOT ALONE NBTA/NBTF

  • *WHO YA GONNA CALL? - SCHOOL REP/GRIEVANCE

    - BRANCH PRESIDENT OR DIRECTOR

    - NBTA/NBTF STAFF (452-8921)

  • *ANYTHING OTHER THAN THE AGREEMENT CALL452-8921

  • *ALL CONTACT WITH STUDENTS BASED UPON TRUST RELATIONSHIP

  • *LEGAL ASSISTANCE TEACHERS MAY RECEIVE LEGAL ADVICE AND/OR ASSISTANCE FOR ANY INCIDENT WITHIN THE SCOPE OF EMPLOYMENT.INCIDENTS MAY INCLUDE CRIMINAL CHARGES, LAW SUIT, ONGOING HARASSMENT, ETC.

  • *LEGAL ADVICEAS SOON AS YOU BECOME AWARE OF A POTENTIAL LEGAL PROBLEM:1) NOTIFY YOUR ADMINISTRATION;

    2) MAKE SURE DISTRICT OFFICE KNOWS

    3) CALL NBTA - BOB FITZPATRICK

  • *PROTECT YOURSELF DO NOT DATE PUPILSDO NOT STRIKE OR PHYSICALLY HANDLE PUPILS EXCEPT TO DEFENDBE ON DUTY/SUPERVISION WHEN ASSIGNED AND BE REASONABLY VIGILENTHANDLE STUDENT MONEY WITH YOUR TRUST RELATIONSHIP IN MIND

  • *EMPLOYER PROTECTIONTHE EMPLOYER WILL DEFEND, NEGOTIATE, SETTLE AND PAY ALL COSTS RELATED TO A LAWSUIT AGAINST YOU WHICH STEMS FROM THE SCOPE OF YOUR EMPLOYMENT AS LONG AS YOU HAVE ACTED IN GOOD FAITH

  • *IMPORTANT POLICIESPOLICY 701 -- PUPIL PROTECTION POLICY : -POSITION OF TRUST -VIOLATIORS WILL BE DISCIPLINEDPOLICY 311 -- USE OF INTERNET -USE FOR LEGITIMATE PURPOSES - REPORT INAPPROPRIATE USE P0LICY 703 -- POSITIVE LEARNING ENVIRONMENT = SCHOOL AUTHORITY

  • *CODE OF PROFESSIONAL CONDUCT

    BASED IN LEGISLATION

    TEACHERS PREPARED TO JUDGE AND BE JUDGED BY PEERS

  • *DEMANDING PROFESSIONYou can protect yourself by understanding the rights responsibilities and duties of a teacher.

  • *BUT EXTREMELY REWARDING

  • *ADVICEDO YOUR JOB AS WELL AS YOU CANCONDUCT YOURSELF AS A PROFESSIONAL REFER TO THE SUPPORT SYSTEM WHEN YOU HAVE A QUESTIONREMEMBER ALMOST ALL OF THE PEOPLE YOU WILL DEAL WITH HAVE BEEN THROUGH IT

  • *HAVE A GREAT CAREER - AND PAUSE TO ENJOY IT REGULARLY

    *Collective agreement.