1. General Items
1.01 PURPOSE
1. The purpose of this Collective Agreement is to describe the working conditions, pay, benefits, and other matters negotiated and agreed to by the Parties.
2. It is understood that Articles contained within this Collective Agreement may change over time through the process of negotiation and agreement between the Parties.
3. This agreement is made pursuant to provisions of The Manitoba Public Schools Act, The Labour Relations Act, The Education Administration Act, The Manitoba Teachers’ Society Act, the Manitoba Human Rights Code, The Workplace Safety and Health Act, and regulations thereto and any other relevant legislation.
4. This Collective Agreement replaces any and all previous local Collective Agreements entered into by School Divisions and their Teacher Associations.
1.02 SCOPE
All Teachers under contract with a School Division come under the scope of this agreement.
1.03 EFFECTIVE PERIOD
1. This Agreement shall come into effect as from the first (1st) day of July 2022 and shall remain in force until the thirtieth (30th) day of June 2026. Thereafter it shall automatically renew itself annually unless either party gives the other written notice of a desire to terminate or amend the Agreement.
2. This notice shall be given not more than ninety (90) days before the expiry of the Collective Agreement and not less than thirty (30) days before the expiry of this Collective Agreement.
1.04 COLLECTIVE AGREEMENT
School Divisions shall make available a digital copy of the Collective Agreement for all Teachers to access.
1.05 NEGOTIATIONS, AMENDMENTS, AND INTERPRETATIONS
1. TheEmployerRepresentativeandtheSocietyaretheonlyagentstoenterintoanynegotiationor agreement pertaining to this Collective Agreement, including any agreed-to supplemental negotiating tables or sub-committees of the provincial bargaining table, or any other agreed to negotiations during the term of the Collective Agreement.
2. The Employer Representative and the Society are the only agents involved in any letters and/or memorandums of understanding that may involve a single School Division or a group of School Divisions and related Association(s). This includes memorandums of settlement pertaining to resolution of grievances under this Collective Agreement, unless otherwise delegated to a School Division by the Employer Representative and delegated to an Association by the Society.
3. The Collective Agreement may be amended by the mutual consent of the Parties to the Agreement. Such amendments shall go into effect on a day mutually agreed upon.
4. At the request of either of the Employer Representative or the Society, any question of interpretation or application of the provisions of this Agreement may be referred to a meeting which shall consist of two (2) representatives from the Employer Representative or appointed by the Employer Representative, and two (2) representatives from the Society or appointed by the Society. Both Parties may have additional persons in attendance upon notification to the other party and agreement by the other party.
5. Where interpretations have been established, the Parties shall maintain a common interpretation document for future application of Collective Agreement Articles and clauses.
6. Where the Parties are unable to reach an agreement on the interpretation Article 5.13 – Grievance Process shall apply.
1.06 DEFINITIONS
Association: Refers to a local Association of The Manitoba Teachers’ Society.
Department: The Provincial Government department responsible for all matters pertaining to the
legislation and regulations of education.
Employers Organization: The Employers Organization is made up of School Divisions as defined in this Collective Agreement.
Employer Representative: For the purposes of this Collective Agreement, the Employer Representative shall be the Manitoba School Boards Association. The Employer Representative acts on behalf of the Employers Organization for collective bargaining as outlined in The Public Schools Act.
Full Time Equivalents (FTE): FTE is the percentage that a Teacher works in a position. A full time Teacher works 1.0 FTE. A Teacher that works in multiple assignments will have percentages of FTEs for each assignment.
Parties: The Parties to this Collective Agreement are The Manitoba Teachers’ Society and the Employers Organization.
Per Diem: In this agreement, per diem refers to the fraction of one (1) School Day relative to the total number of School Days as prescribed by the Minister in any given School Year.
School Board: The School Board is the Board of Trustees and is the employing authority for the School Division whose powers are outlined in legislation.
School Day: A day during which there is school as determined by the Minister of Education.
School Division: Where the term School Division is used in the Collective Agreement it shall mean both the School Board and School Division administration and includes any districts or institutes as defined in the Public Schools Act.
School Year: The School Year is defined as the number of School Days in a School Year as determined by the Minister of Education.
Society: Refers to The Manitoba Teachers’ Society.
Teacher: A Teacher means a person who holds a valid teaching certificate, a limited teaching permit, or a school clinician’s certificate under Manitoba Education or who is authorized by the Minister of Education to teach in a school and who has a contract with a School Division.
The Manitoba Institute of Trades & Technology (MITT): Teachers working at the MITT High School and MITT Adult Learning Centres are covered by this Collective Agreement (See MITT Addendum).
1.07 OBLIGATION TO ACT FAIRLY
In administering this agreement, the School Division shall act reasonably, fairly, in good faith, and in a manner consistent with the Agreement as a whole.
1.08 DIVISION’S POLICIES AND RELATED DOCUMENTS
Each School Division shall make all relevant policies, procedures, and employee forms available to their Teachers, including Association presidents. A Teacher’s representative may also access the forms as listed above upon request.