Professionals Making A Difference
A representative of the School has asked me do something that is inconsistent with the collective agreement. She says it is okay because it is a favour between the two of us and shows my dedication as an employee. Is this right??
No, it is wrong.
Clause 2.01 says, “No other agreement with any individual Employee or other organization shall supersede or contravene the terms of this Agreement. No Employee covered by this Agreement shall be required or permitted to make written or oral agreement with SMS or its representatives without the agreement of the Association.”
Employees show their dedication to the School by doing a good job. The School shows its dedication to employees by complying with the collective agreement.
I have been an employee of the School for years. A representative of the School recently said they were unhappy with my work and they advised me I am now on probation. If I don't show that I am suitable for employment in the next two months, I will lose my job. Can they do this??
No. Clause 5.04 provides for a probationary period and it is only for the first six to 12 months after being hired. During that period, the School may end the employment based on “suitability”. After an employee has demonstrated her suitability, the School can only dismiss an employee for more serious matters. If you think the School may be planning to discipline you, please contact a PEA Local Representative for assistance.
Your personnel file is private. Article 6 provides that “the personnel record of a staff member may not be revealed to anyone, without the staff member's express written consent, with the exception of direct line supervisors, and other SMS staff who have a legitimate need to access such file.”
Clause 6.01 also gives you the right to see your personnel file upon within one day of your request to see it.
I am a support staff employee. I scheduled a vacation day last Friday. My supervisor called me in to work that day because someone called in sick. Do I get anything special for giving up my vacation day?
Yes. Clause 10.03 says that if you are called out to work on a vacation day, you get paid double your regular rate for all hours and you get paid for a minimum of three hours.
I am a teacher. I enjoy teaching, but I don't want to be committed to do extra-curricular activities like sponsor a club. Do I have to do extra-curricular activities?
Paragraph 10.04(e) recognizes that all teachers have to participate in Carol Service, Closing Ceremonies, Meet the Teacher Night, Open House, Parent-teacher Interviews, and Junior School Student-led Conferences.
Teachers are not required to take on extra-curricular activities that are “equivalencies”. Paragraph 10.04(d) recognizes that a teacher can voluntarily agree to forego equivalency assignments and choose full teaching assignments instead.
A number of girls have told me they are interested in pursuing a learning opportunity that is not directly related to the curriculum. This would require several hours of work each week. Can this be recognized as work time even though it is not directly related to the curriculum??
It might be. Clause 10.04(d)(i) says that the Equivalencies program will be jointly administered by the Joint Equivalencies Committee (JEC). Clause 10.04(d)(iii) says that the JEC can review requests for new equivalencies. So write up a proposal as to why the School should make this opportunity to the girls and ask the JEC to review the request.
I have been working as a support staff employee full time at the School for many years. Last week the School needed someone to work an extra day. I really could have used the overtime, but they offered the work to an auxiliary employee who has only been here for a few months. Shouldn't I have gotten the chance to work overtime?
It depends. Paragraph 10.06(a) says that full-time employees will be offered work before auxiliary employees. But paragraph 10.06(c) says that the School will not be required to offer extra work to Employees which would result in the payment of overtime.
If the School could have the work done by an auxiliary employee without paying overtime, the School gets to do that. If however the auxiliary received overtime for all of the hours, a full-time employee should have been offered the work first.
I am an ESL tutorial staff member. I will be working before next school year. What rate do I get paid?
Article 10.09 states, “English as a Second Language (ESL) tutorial staff shall be compensated for any time worked prior to the start of the regular school year at the same rate of pay as they are entitled to during the regular school year.”
I expect to get laid off during the year. I would like the School to deduct money from my pay cheques when I am working then have the School keep remitting my MSP, Extended Health, and the Dental Plan benefit payments. Will the School do that?
Yes.
Clause 13.09 says, “All staff in positions of anticipated yearly lay-off shall have the option of having MSP, Extended Health, and the Dental Plan benefit payments/costs deducted on a pro-rated basis throughout the year to facilitate benefit continuance for periods of anticipated layoff. Such continuance shall be subject to the benefit carriers approval.”
The School has approved my attendance at some professional development courses in Vancouver. Who pays the expenses for this course?
Clause 18.03 provides, “SMS shall pay registration fees, travel, hotel and meal expenses for Employees whose attendance at professional development courses, workshops and meetings is approved.”
The School says it will only approve my attendance at the course if I agree to pay my own expenses. Can they do that?
No. See the first question.
I think we are having problems at St Margaret's School that aren't grievable, but that cause difficulties between PEA members and St Margaret's School. Is there some way that the PEA can help to address these problems?
The PEA is interested in working with the School to solve problems and maintain good relations. In fact, the PEA and the School have established a Joint Standing Committee to review matters, other than grievances, relating to the maintenance of good relations between the parties. Please bring any issues to the attention of the SMS Chapter Chairperson so that we can discuss them at the Joint Standing Committee.
