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TEACHERS’ LEGAL ISSUES

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.

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TEACHERS’ LEGAL ISSUES

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  1. TEACHERS’ LEGAL ISSUES A FINAL FEW WORDS!

  2. 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.)

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

  4. APPLICATION - Art. 6 • THE 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

  5. EMPLOYER’S RESPONSIBILITY • THE 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

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

  7. CLASS SIZE - Art. 20 (currently) • NORMAL CLASS SIZE 27 WITH NO CLASS LARGER THAN 30, BUT • KINDERGARTEN - 22 • GRADES 1 & 2 - 22 • GRADE 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 = 17 • INCLUSION OF SPECIAL NEEDS STUDENTS SHAL [ALSO] BE CONSIDERED • SEPT 1, 2009 – MAX AT EACH GRADE LEVEL REDUCED BY 1

  8. SICK LEAVE - Art. 31 • 1 1/2 DAYS PER MONTH TO 195 • NUMBER OF OTHER ARTICLES RELATED TO LEAVES-COMPASSIONATE LEAVE-MATERNITY LEAVE-ADOPTION LEAVE-OTHER ABSENCES 34, 35, 36,AND 37

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

  10. EXPERIENCE FOR SALARY - 52 • FULL 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.

  11. DISCIPLINE - 55 • NO TEACHER SHALL BE DISCIPLINED, SUSPENDED, DISMISSED OR ASSESSED A FINANCIAL PENALTYEXCEPT FOR JUST CAUSE

  12. GRIEVANCE - 57 • A GRIEVANCE IS A DISPUTE OR DIFFERENCE OF OPINION CONCERNING: • INTERPRETATION OR VIOLATION OF THE AGREEMENT • DISMISSAL, SUSPENSION OR FINANCIAL PENALTY

  13. CONTRACT • THE PARTIES AGREE THAT • TEACHERS WILL BE PAID AND WILL: • TEACH DILIGENTLY AND FAITHFULLY AND PERFORM THEIR DUTIES IN ACCORDANCE WITH THE EDUCATION ACT AND • THE PROVISIONS OF THE AGREEMENT

  14. IF YOU FIND YOURSELF IN TROUBLE

  15. HELP IS AVAILABLE !

  16. YOU ARE NOT ALONE NBTA/NBTF

  17. WHO YA GONNA CALL? - SCHOOL REP/GRIEVANCE - BRANCH PRESIDENT OR DIRECTOR - NBTA/NBTF STAFF (452-8921)

  18. ANYTHING OTHER THAN THE AGREEMENT CALL452-8921

  19. ALL CONTACT WITH STUDENTS BASED UPON TRUST RELATIONSHIP

  20. 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.

  21. LEGAL ADVICE AS 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

  22. PROTECT YOURSELF • DO NOT DATE PUPILS • DO NOT STRIKE OR PHYSICALLY HANDLE PUPILS EXCEPT TO DEFEND • BE ON DUTY/SUPERVISION WHEN ASSIGNED AND BE REASONABLY VIGILENT • HANDLE STUDENT MONEY WITH YOUR TRUST RELATIONSHIP IN MIND

  23. EMPLOYER PROTECTION • THE 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

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

  25. CODE OF PROFESSIONAL CONDUCT • BASED IN LEGISLATION • TEACHERS PREPARED TO JUDGE AND BE JUDGED BY PEERS

  26. DEMANDING PROFESSION • You can protect yourself by understanding the rights responsibilities and duties of a teacher.

  27. BUT EXTREMELY REWARDING

  28. ADVICE • DO YOUR JOB AS WELL AS YOU CAN • CONDUCT YOURSELF AS A PROFESSIONAL • REFER TO THE SUPPORT SYSTEM WHEN YOU HAVE A QUESTION • REMEMBER ALMOST ALL OF THE PEOPLE YOU WILL DEAL WITH HAVE BEEN THROUGH IT

  29. HAVE A GREAT CAREER - AND PAUSE TO ENJOY IT REGULARLY

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